01-10-2012 - Designating the City of West Covina as the Success - No 1 attach 1 (2).docRESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ELECTING TO BECOME THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA PURSUANT TO PART
1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the City Council of the City of West Covina (“City”) approved and adopted the Redevelopment Plans for the various Redevelopment Project Areas (“Redevelopment Plans”) covering
certain properties within the City (the “Project Areas”); and
WHEREAS, the Redevelopment Agency also known as the Community Development Commission of the City of West Covina (“Agency”) has been engaged in activities to execute and implement the
Redevelopment Plans pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.) (“CRL”); 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, on December 29, 2011, the California Supreme Court, upheld AB 1X 26, invalidated AB 1X 27, and extended all statutory deadlines under AB 1X 26, essentially dissolving all redevelopment
agencies throughout the State effective February 1, 2012; and
WHEREAS, AB 1X 26 provides that successor agencies be designated as successor entities to the former redevelopment agencies, and provides that, with certain exceptions, all authority,
rights, powers, duties and obligations previously vested with the former redevelopment agencies, under the CRL, are vested in the successor agencies; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference.
Section 2. Election to be Successor Agency. In accordance with Health and Safety Code Section 34173, and based on the Recitals set forth above, the City Council of the City of West
Covina hereby elects to become the “successor agency” to the former Redevelopment Agency of the City of West Covina. 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 the CRL, all authority, rights, powers, duties and obligations previously vested with the former Agency, under
the CRL, shall be vested in the City as the successor agency to the Agency.
Section 3. 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 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 City’s election to be the successor agency to the Agency, in accordance with AB 1X 26.
Section 4. Severability. 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 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 5. Certification. The City Clerk shall certify to the adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council on the 10th day of January 2012, by the following vote:
______________________________
Mayor Michael Touhey
ATTEST:
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City Clerk, Laurie Carrico
I Laurie Carrico, City Clerk of the City of West Covina do hereby certify that the foregoing resolution was duly adopted by the City Clerk of the City of West Covina at a meeting therof
held on the 10th day of January 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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City Clerk, Laurie Carrico
APPROVED AS TO FORM:
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City Attorney, Arnold Glasman