Resolution - 2012-11RESOLUTION NO.2012-11
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 SeMc .) ("CRL"); and
WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted, and
the Governor signed, companion bills AB 1 X 26 and AB 1 X 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 I 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 I 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
Resolution No. 2012-11
Page 2
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 on this 171" day of January, 2012.
oix n
Mayo j Mi-cl&I 4To�ey�
ATTEST:
Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that
the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting held thereof on the 17th day of January, 2012, by the following vote
of the City Council:
AYES:
Herfert, Lane, Sanderson, Touhey
NOES:
None
ABSENT:
Sykes
ABSTAIN:
None
City Clerk Laurie Carrico
APPROVED AS TO FORM:
AA
Ci y Attorney Arnold Alvarez-Glasman