HomeMy WebLinkAbout6814 RESOLUTION NO. 6814
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ELECTING TO RETAIN THE
HOUSING ASSETS AND FUNCTIONS PREVIOUSLY
PERFORMED BY THE ARCADIA REDEVELOPMENT
AGENCY PURSUANT TO PART 1.85 OF DIVISION 24 OF
THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, pursuant to the Community Redevelopment Law (Health & Saf.
Code, § ' 000 et seq.), the City Council of the City of Arcadia ("City") created the
Arcadia Redev- •pment Agency ("Agency"); and
WHEREAS, . e Agency has been responsible for implementing the
Redevelopment Plan for •e Central Redevelopment Project covering certain properties
within the City; and v
WHEREAS, as part of the = 1-12 State budget bill, the California Legislature
enacted, and the Governor signed, co •anion bills AB 1X 26 and AB 1X 27, requiring
that each redevelopment agency be disso eiless the community that created it
enacts an ordinance committing it to making cert.'n,cayments; and
O ��,
WHEREAS, a Petition for Writ of Mandate wa "C, in the Supreme Court of the
State of California on July 18, 2011 (California Redevelop• ent Association, et al. v. Ana
Matosantos, et al., Case No. S194861), challenging the co .titutionality of AB 1X 26
and AB 1X 27 on behalf of cities, counties and redevelopment ag- cies; and
WHEREAS, on August 11, 2011, and modified on August 17, 811, the Supreme
Court stayed portions of AB 1X 26, and AB lX 27 in its entirety, during t' - pendency of
the matter; and
WHEREAS, on December 29, 2011, the Supreme Court issued its final • -cision
in the aforesaid litigation, upholding AB 1X 26, invalidating AB 1X 27, and extendin all
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statutory deadlines under AB 1X 26, essentially dissolving all redevelopment agencies
throughout the State effective February 1, 2012; and
WHEREAS, Health and Safety Code section 34176 provides that the City may
elect to retain the housing assets and functions previously performed by the Agency,
but if the City does not so elect, all rights, powers, assets, liabilities, duties, and
obligations associated with the housing activities of the Agency, excluding any amounts
in the Low and Moderate Income Housing Fund, shall be transferred as follows: (1)
where there is no housing authority in the territorial jurisdiction of the Agency, to the
State of California Department of Housing and Community Development; (2) where
there is one local housing authority in the territorial jurisdiction of the Agency, to that
housing authority; (3) where there is more than one local housing authority in the
territorial jurisdiction of the Agency, to the local housing authority selected by the City;
and
WHEREAS, the City desires to elect to retain the housing assets and functions of
the former Agency; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated
herein by reference.
SECTION 2. The determination given in this Resolution does not commit the City
to any action that may have a significant effect on the environment. As a result, such
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determination does not constitute a project subject to the requirements of the California
Environmental Quality Act. The City Council directs City staff to file a Notice of
Exemption within five (5) days following adoption of this Resolution with the Clerk of the
Board of Supervisors of the County of Los Angeles.
SECTION 3. In accordance with Health and Safety Code section 34176, and
based on the Recitals set forth above, the City Council hereby elects to retain the
housing assets and functions previously performed by the Arcadia Redevelopment
Agency. Upon dissolution of the Agency pursuant to Part 1.85 of Division 24 of the
California Health and Safety Code, and except as provided under AB 1X 26, all rights,
powers, assets, liabilities, duties and obligations associated with the housing activities
of the Arcadia Redevelopment Agency, excluding any amounts in the Arcadia
Redevelopment Agency's Low and Moderate Income Housing Fund, shall be
transferred in accordance with Health and Safety Code section 34176 to the City of
Arcadia.
SECTION 4. The City Council hereby authorizes and directs the City Manager,
or his designee, to take any action and execute any documents necessary to carry out
the purposes of this Resolution, including but not limited to notifying the Los Angeles
County Auditor-Controller, the Controller of the State of California, and the California
Department of Finance of the adoption of this Resolution and the transfer of all housing
assets and functions of the former Arcadia Redevelopment Agency to the City of
Arcadia, all in accordance with AB 1X 26.
SECTION 5. If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
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applications of this Resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are severable. The City
Council hereby declares that it would have adopted this Resolution irrespective of the
invalidity of any particular portion thereof.
SECTION 6. This Resolution shall take effect immediately.
SECTION 7. The City Clerk shall to the adoption of this Resolution.
Passed, approved and adopted this 17th day of January, 2012.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
/),_6(, 1
Stephen P. Deitsch
City Attorney
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