01-17-2012 - Designating the Community Development Commission a - item 14 Attach 4 (2).docRESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ELECTING TO TRANSFER HOUSING FUNCTIONS TO THE LOCAL HOUSING AUTHORITY 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 Community Development Commission ("Commission") of the City of West Covina 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 a city may elect to transfer the housing functions and, with certain exceptions, related authority, rights, powers, duties and obligations of the former
redevelopment agency relating to redevelopment housing functions to the local housing authority; 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 transfer Housing Functions. In accordance with Health and Safety Code Section 34176, and based on the Recitals set forth above, the City Council of the City
of West Covina hereby elects to transfer the redevelopment housing functions of the former Commission to the City of West Covina Housing Authority. Upon dissolution of the Commission
pursuant to Part 1.85 of Division 24 of the California Health and Safety Code, and except as provided under the CRL, all housing function authority, rights, powers, duties and obligations
previously vested with the Commission, under the CRL, shall be vested in the City of West Covina Housing Authority.
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 Agneles 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 transfer the housing functions of the former Commission to the City of West Covina Housing Authority, 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.
APPROVED AND ADOPTED at a regular meeting of the City Council this _____ day of January 2012.
Mayor Michael Touhey
ATTEST:
City Clerk Laurie Carrico
I LAURIE CARRICO do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at their regular meeting thereof held on
the ______ day of January 2012, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM
_________________________________
City Attorney Arnold M. Alvarez-Glasman