HomeMy WebLinkAbout6815 RESOLUTION NO. 6815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ELECTING NOT 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,§
33000 et seq.), the City Council of the City of Arcadia ("City") created the Arcadia
Redevelopment Agency ("Agency"); and
WHEREAS,the Agency has been responsible for implementing the Redevelopment
Plan for the Central Redevelopment Project covering certain properties within the City;and
WHEREAS, as part of the 2011-12 State budget bill, the California Legislature
enacted, and the Governor signed, companion bills AB 1X 26 and AB 1X 27, requiring that
each redevelopment agency be dissolved unless the community that created it enacts an
ordinance committing it to making certain payments; and
WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the
State of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana
Matosantos, et al., Case No. S194861), challenging the constitutionality of AB 1X 26 and
AB 1X 27 on behalf of cities, counties and redevelopment agencies and requesting a stay
of enforcement; and
WHEREAS, on August 11, 2011, and modified on August 17, 2011, the Supreme
Court stayed portions of AB 1X 26, and AB 1X 27 in its entirety, during the pendency of the
matter; and
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WHEREAS, on December 29, 2011, the Supreme Court issued its final decision in
the aforesaid litigation, upholding AB 1X 26, invalidating AB 1X 27, and extending all
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 not 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.
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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
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 not to retain the housing
assets and functions previously performed by the Arcadia Redevelopment Agency. Upon
dissolution of the Arcadia Redevelopment Agency pursuant to Part 1.85 of Division 24 of
the California Health and Safety Code, and except as otherwise 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 Low and
Moderate Income Housing Fund, shall be transferred in accordance with Health and Safety
Code section 34176.
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.
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 certify to the adoption of this Resolution.
Passed, approved and adopted this 17th day of January, 2012.
i
A i • .r% _�
yo f the ity of Arcadia
ATTEST:
"
ity Clerk
APPROVED AS TO FORM:
P.
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6815 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 31st day of January, 2012 and that said Resolution was adopted by the
following vote, to wit:
AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic
NOES: None
ABSENT: None
_
C'. Clerk of the City of Arcadia
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