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Home My WebLink AboutResolution No. 12-R28RESOLUTION NO. 12-1128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, SERVING AS SUCCESSOR AGENCY TO THE AZUSA REDEVELOPMENT AGENCY, RECOMMENDING TO THE OVERSIGHT BOARD THE TRANSFER OF CERTAIN HOUSING ASSETS AND FUNCTIONS OF THE DISSOLVED REDEVELOPMENT AGENCY TO THE LOS ANGELES COUNTY HOUSING AUTHORITY PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 34176, 34177 AND 34181 WHEREAS, pursuant to Health and Safety Code section 34173, the City of Azusa ("Successor Agency") is the successor agency to the dissolved Azusa Redevelopment Agency ("Agency"), confirmed by Resolution No. 12-C7 adopted on January 23, 2012; and WHEREAS, pursuant to Health and Safety Code section 34176, the City of Azusa, as the entity that authorized the creation of the Agency, elected not to retain the housing assets and functions previously performed by the Agency, and instead elected to transfer all rights, powers, assets, liabilities, duties and obligations associated with the housing activities of the Agency, excluding any amounts on deposit in the Low and Moderate Income Housing Fund, to the Los Angeles County Housing Authority ("Authority"), as provided in Resolution No. 12-C7 adopted on January 23, 2012; and WHEREAS, pursuant to Health and Safety Code section 34177(g), the Successor Agency is required to effectuate the transfer of housing functions and assets to the appropriate entity designated pursuant to Health and Safety Code section 34176; and WHEREAS, a list of all Agency housing assets recommended to be transferred by the Successor Agency to the Authority is attached to this Resolution as Exhibit A; and WHEREAS, none of the Agency housing assets being recommend for transfer from the Successor Agency to the Authority have been pledged to pay for bonded indebtedness, and therefore the Successor Agency is not required to maintain control of any of the assets in order to pay for the bond debt pursuant to Health and Safety Code section 34176(a)(2); and WHEREAS, pursuant to Health and Safety Code section 34176(a)(2), by no later than August 1, 2012 the Authority shall submit a list of all Agency housing assets, including those assets transferred between February 1, 2012 and the date upon which the Authority creates the list, that contains an explanation of how the housing assets meet the criteria specified in Health and Safety Code section 34176(e), to the State of California Department of Finance ("DOF"), in the format prescribed by the DOF, by no later than August 1, 2012; and WHEREAS, if the DOF determines that a housing asset on the list of Agency housing assets transferred to the Authority is not a housing asset as defined in Health and Safety Code section 34176(e), and does not alter its determination following a meet and confer with the Authority, which meet and confer the Authority shall request within five business days of 45636.06001\7439405.1 receiving the DOF objection to the determination that the housing asset qualifies as a housing asset under Health and Safety Code section 34176(e), the Authority shall return that asset to the Successor Agency and the provision of Health and Safety Code section 34178.8 may apply; and WHEREAS, pursuant to Health and Safety Code section 34181(c), the Oversight Board is to direct the Successor Agency to transfer housing responsibilities and all rights, powers, duties and obligations along with any amounts on deposit in the Low and Moderate Income Housing Fund to the appropriate entity pursuant to Health and Safety Code section 34176. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, SERVING AS SUCCESSOR AGENCY TO THE AZUSA REDEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. CEOA Compliance. The recommendation to transfer housing assets and functions and encumbered Housing Fund monies through this Resolution does not commit the Successor Agency to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. The City Clerk of the City of Azusa, acting on behalf of the Successor Agency, is authorized and directed to file a Notice of Exemption with the appropriate official of the County of Los Angeles, California, within five (5) days following the date of adoption of this Resolution. Section 3. Designation and Direction to Transfer Housing Assets and Functions. The Successor Agency hereby approves and recommends to the Oversight Board the transfer of the Agency's housing assets set forth in Exhibit A, attached to this Resolution and incorporated herein by this reference, along with the transfer of all rights, powers, liabilities, duties and obligations associated with the housing activities of the Agency, to the Authority, pursuant to Health and Safety Code sections 34176, 34177 and 34181. Section 4. Implementation. The City Manager, acting on behalf of the Successor Agency, is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable laws, including taking any actions necessary to inform the Oversight Board of the recommended housing assets for transfer and the transfer of all rights, powers, assets, liabilities, duties and obligation associated with the housing activities of the dissolved Agency. Section 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that the Successor Agency would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. 45636.06001\7439405.1 2 Section 6. Certification. The City Clerk of the City of Azusa, acting on behalf of the Successor Agency as its Secretary, shall certify to the adoption of this Resolution. Section 7. Effective Date. Pursuant to Health and Safety Code section 34179(h), all actions taken by the Successor Agency may be reviewed by the State of California Department of Finance, and, therefore, this Resolution shall not be effective for three (3) business days, pending a request for review by the State of California Department of Finance. MOVED, PASSED AND ADOPTED THIS 16th day of July, 2012 by the following vote: AYES: AGENCYMEMBERS: GONZALES, MACIAS, HANKS, ROCHA NAYS: AGENCYMEMBERS: NONE ABSENT: AGENCYMEMBERS: CARRILLO ABSTAIN: AGENCYMEMBERS: NONE /oseph R. Rocha, Mayor of the City of Azusa, serving as the Successor Agency to the dissolved Azusa Redevelopment Agency ATTEST: Vera Mendoza, City Clerk of the City of Azusa, serving as the successor agency to the dissolved Azusa Redevelopment Agency CERTIFICATION 1, Vera Mendoza, City Clerk of the City of Azusa, serving as the successor agency to the dissolved Azusa Redevelopment Agency, DO HEREBY CERTIFY that the above referenced resolution was duly adopted by the City of Azusa, serving as the successor agency to the dissolved Azusa Redevelopment Agency, at a regular meeting held on the _ day of May, 2012, by the following vote: ATTEST: Vera Mendoza, City Clerk of the 01ty of Azusa, serving as the successor agency to the dissolved Azusa Redevelopment Agency 45636.06001\7439405.1 EXHIBIT A HOUSING ASSETS OF THE DISSOLVED AZUSA REDEVELOPMENT AGENCY RECOMMENDED FOR TRANSFER TO LOS ANGELES COUNTY HOUSING AUTHORITY [Attached behind this page] 45636.06001\7439405.1 Exhibit A AZUSA HOUSING ASSETS Atlantis Gardens Property 630 N Glenfinnan Ave. 8612-001-911 641 N Glenfinnan Ave. 8612-001-905 629 N Glenfinnan Ave. 8612-001-014 633 N Glenfinnan Ave. 8612-001-915 606 N Glenfinnan Ave. 8612-001-063 627 N. Cedarglen Dr. 8612-001-066 601 N. Cedarglen Dr. 8612-001-052 628 N. Cedarglen Dr. 8612-001-908 615 N. Cedarglen Dr. 8612-001-064 601 N. Cedarglen Dr. 8612-001-052 627 N. Cedarglen Dr. 8612-001-066 630 N. Cedarglen Dr. 8612-001-910 627 E Lime Ave. 8612-001-909 611 E Lime Ave. 8612-001-913 645 E Lime Ave. 8612-001-914 600 E. 60' St. 8612-001-906 610 E. 6`h St. 8612-001-912 630 E. 6`" St. 8612-001-020 First Time Homebuyer/Silent Second Program Loans Affordable Housing Agreements See attached sheet APPENDIX A SUMMARY OF AFFORDABILITY BY PROJECT If 978 - rr• Project Name Owner/ Rental Agreement Length of Date Covenants Number of Very -Low Income Units Number of Low/Moderate Income Units I'I Azusa Gardens z Rental January 19, 1987 40 -Yrs 23 Azusa Villas Senior Apartments Rental Aril 19, 1993 30 -Yrs 29 Azusa Villas Senior Apartments Rental Januar25, 2001 30 -Yrs 80 Bowden - 6 & Alameda Owner Febwu 8, 1994 30 -Yrs 3 Crestview Pacific Glen Rental Janua 1, 1985 30 -Yrs 64 Foothill Villages Owner June 30, 1993 30 -Yrs 13 Heritage Owner June 7, 1994 30 -Yrs 10 La Paloma Iris Gardens Rental JDecember 7, 1998 30 -Yrs 120 Down Payment Assistance Pro ram Owner Various 45 -Yrs 7 Total Covenants 213 136 The total Low/Moderate Income covenants shown for Omer -occupied units are net of any covenants lost to home sales, bankruptcies or loan payoffs. The 23 covenants were designated as replacement housing for various Agency rojects and are therefore not credited against inclusionary housing requirements. The original 30 covenants resulted from an Agency agreement to fund certain off-site improvements for the project. The 80 units of Low/Moderate Income were a condition of a federal multi-famil housin bond, Ori inal develo era reements. Subsequent Affordable Housing Agreements and covenants were executed with individual owners. -771