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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 1 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 2 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 3 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 4