HomeMy WebLinkAboutResolution No. UB- 12-C07RESOLUTION NO. 12-C7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA ELECTING NOT TO RETAIN
THE HOUSING ASSETS AND FUNCTIONS PREVIOUSLY
PERFORMED BY THE REDEVELOPMENT AGENCY OF
THE CITY OF AZUSA AND TRANSFERRING THEM TO
THE HOUSING AUTHORITY OF THE COUNTY OF LOS
ANGELES PURSUANT TO PART 1.85 OF DIVISION 24 OF
THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety Code
Sections 33000 et seq.), the City Council of the City of Azusa ("City") created the
Redevelopment Agency of the City of Azusa ("Agency') to serve as the redevelopment agency
within the City; and
WHEREAS, the City Council of the City of Azusa ("City Council") approved and
adopted the Redevelopment Plan ("Redevelopment Plan") for the Merged Central Business
District and West End Redevelopment Project Area and the Ranch Center Project Area covering
certain properties within the City (the "Project Areas"); and
WHEREAS, on June 28, 2011, the State of California enacted California Health and
Safety Code Section 34161 et seq. as part of the State's enactment of Assembly Bill 1 X 26 ("AB
1X 26"), immediately prohibiting further redevelopment activity by redevelopment agencies and
dissolving all redevelopment agencies in the State of California on October 1, 2011; and
WHEREAS, on June 28, 2011, the State of California also enacted California Health and
Safety Code Section 34192 et seq. under Assembly Bill 1X 27 ("AB 1X 27"), providing
communities the opportunity to continue redevelopment activity through their local
redevelopment agencies by electing to participate in the "Alternative Voluntary Redevelopment
Program"; and
WHEREAS, on July 18, 2011, a Petition for Writ of Mandate was filed in the Supreme
Court of the State of California in the matter of California Redevelopment Association, et al. v.
Ana Mafosantos, of al., Case No. S194861 ("Legal Action"), 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 of AB 1X 26 and AB 1X 27, pending the Supreme Court's
determination of the constitutionality of AB 1X 26 and AB 1 X 27; and
WHEREAS, on August 11, 2011, the Supreme Court issued an order in the Legal Action
granting a partial stay of California Health and Safety Code Section 34161 et seq., exclusive of
California Health and Safety Code Sections 34161 through 34167 (which prohibit all new
redevelopment activity), and a complete stay of California Health and Safety Code Section
34192 et seq., such that the City and the Agency could not pursue new redevelopment activity
under the Alternative Voluntary Redevelopment Program (collectively, "Stay"); and
45636.06001 \7216561.1
WHEREAS, on August 17, 2011, the Supreme Court modified the Stay such that the
Stay no longer affected California Health and Safety Code Sections 34167.5 through 34169.5, in
addition to California Health and Safety Code Sections 34161 through 34167, or California
Health and Safety Code Section 34194(b)(2); and
WHEREAS, on December 29, 2011, the Supreme Court issued its final decision in the
Legal Action, upholding AB 1X 26, invalidating AB 1X 27, extending all statutory deadlines
under Health and Safety Code Sections 34170 through 34191, and dissolving all redevelopment
agencies throughout the State of California, 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 only local housing authority within the territorial jurisdiction of the
Agency is the Housing Authority of the County of Los Angeles; 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, BE IT RESOLVED by the City Council of the City of Azusa,
California, as follows:
Section 1. Recitals. The Recitals preceding this Resolution are true and correct and
are incorporated into this Resolution.
Section 2. CEOA Compliance. The determination and election made in this
Resolution do not commit the City to any action that may have a significant effect on the
environment. As a result, such approvals do not constitute a project subject to the requirements
of the California Environmental Quality Act. The City Clerk 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. Election to Retain Housing Assets and Functions. 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
Redevelopment Agency of the City of Azusa. Upon dissolution of the Redevelopment Agency
45636.06001\7216561.1
of the City of Azusa 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 Redevelopment Agency of
the City of Azusa, excluding any amounts in the Low and Moderate Income Housing Fund, shall
be transferred in accordance with Health and Safety Code section 34176 to the Housing
Authority of the County of Los Angeles.
Section 4. Implementation. The City Council hereby authorizes and directs the City
Manager to take any action and execute any documents necessary to carry out the purposes of
this Resolution, including but not limited to notifying the County of Los Angeles Auditor -
Controller, the Controller of the State of California, and the California Department of Finance of
the adoption of this Resolution in accordance with AB 1X 26.
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 City
Council declares that the City Council would have adopted this Resolution irrespective of the
invalidity of any particular portion of this Resolution.
Section 6. Certification. The City Clerk shall certify to the adoption of this
Resolution.
Section 7. Effective Date. This Resolution shall become effective immediately upon
its adoption.
PASSED, APPROVED AND ADOPTED this 23rd day of January, 2012.
ay r
ATTEST:
45636.0600117216561.1
CERTIFICATION
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing
Resolution No. 12-C7 was duly and regularly adopted by the City Council of the City of Azusa
at a regular meeting thereof on the 23rd day of January, 2012 and that the same was passed and
adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: HANKS
ABSTAIN: COUNCILMEMBERS: NONE
45636.06001\7216561.1