CC RES 2012-015 RESOLUTION NO. 2012-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES MAKING AN ELECTION IN CONNECTION WITH
HOUSING ASSETS AND FUNCTIONS UNDER PART 1.85 OF
DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE
AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH.
RECITALS:
A. AB X1 26 and AB X1 27 were signed by the Governor of California on
June 29, 2011, making certain changes to the Community Redevelopment Law (Part 1
(commencing with Section 33000) of Division 24 of the California Health and Safety
Code) (the "Redevelopment Law"), including adding Part 1.8 (commencing with Section
34161) ("Part 1.8") and Part 1.85 (commencing with Section 34170) ("Part 1.85").
B. The California Redevelopment Association and League of California Cities
filed a lawsuit in the Supreme Court of California (California Redevelopment
Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that AB X1 26 and
AB X1 27 are unconstitutional. On December 29, 2011, the Supreme Court issued its
opinion in the Matosantos case, largely upholding AB X1 26, invalidating AB X1 27, and
holding that AB X1 26 may be severed from AB X1 27 and enforced independently.
C. The Supreme Court generally revised the effective dates and deadlines for
performance of obligations in Part 1.85 arising before May 1, 2012, to take effect four
months later.
D. As a result of the Supreme Court's decision, the Rancho Palos Verdes
Redevelopment Agency (the "Redevelopment Agency"), a redevelopment agency in the
City of Rancho Palos Verdes (the "City"), created pursuant to the Redevelopment Law,
was dissolved pursuant to Part 1.85 on February 1, 2012.
E. Health and Safety Code Section 34176(a) authorizes a city that created a
redevelopment agency to elect to retain the housing assets and functions previously
performed by the redevelopment agency. Pursuant to Section 34176(a), if a city elects
to retain the responsibility for performing housing functions previously performed by the
redevelopment agency, all rights, powers, duties, and obligations, excluding any
amounts on deposit in the Low and Moderate Income Housing Fund, shall be
transferred to the City.
F. Health and Safety Code Section 34176(b) provides that if a city does not
elect to retain the responsibility for performing housing functions previously performed
by the redevelopment agency, all rights, powers, assets, liabilities, duties, and
obligations associated with the housing activities of the redevelopment agency,
excluding any amounts in the Low and Moderate Income Housing Fund, shall be
transferred as follows: (1) where there is no local housing authority in the territorial
jurisdiction of the former redevelopment agency, to the Department of Housing and
Community Development; (2) where there is one local housing authoring in the territorial
jurisdiction of the former redevelopment agency, to that local housing authority; and (3)
where there is more than one local housing authority in the territorial jurisdiction of the
former redevelopment agency, to the local housing authority selected by the city that
authorized the creation of the redevelopment agency.
G. The Los Angeles County Housing Authority is in the territorial jurisdiction
of the former Redevelopment Agency.
H. Health and Safety 34176(c) provides that the entity assuming the housing
functions formerly performed by the redevelopment agency may enforce affordability
covenants and perform related activities pursuant to applicable provisions of the
Redevelopment Law, including, but not limited to, Health and Safety Code Section
33418.
I. The City Council desires to adopt this resolution in connection with the
housing assets and functions previously performed by the Redevelopment Agency.
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES,
RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. This Resolution is adopted pursuant to Health and Safety Code
Section 34176.
Section 3. Pursuant to Health and Safety Code Section 34176(a), the City
Council hereby elects for the City to retain the housing assets, as allowed by law, and
functions previously performed by the Redevelopment Agency and hereby accepts the
transfer of all rights, powers, duties, and obligations associated with the housing
activities of the Redevelopment Agency. The City Council reserves its right to rescind
this election and to subsequently determine that all of the rights, powers, assets,
liabilities, duties, and obligations associated with the housing activities of the
Redevelopment Agency shall be transferred to the housing authority selected by the
City.
Section 4. The officers and staff of the City are hereby authorized and
directed, jointly and severally, to make all notifications of the Council's election, as set
forth in Section 3 hereof, as deemed necessary or advisable and to execute all
documents and take all actions which they may deem necessary or advisable to
effectuate this Resolution, and any such actions previously taken by such officers and
staff are hereby ratified and confirmed.
Resolution No. 2012-15
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Section 5. The adoption of this Resolution is not intended to and shall not
constitute a waiver by the City of any right the City may have to challenge the legality of
all or any portion of AB X1 26 through administrative or judicial proceedings.
Section 6. This Resolution has been reviewed with respect to applicability of
the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines
(California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the
"Guidelines"), and the City's environmental guidelines. The City Council has
determined that this Resolution is not a "project" for purposes of CEQA, as that term is
defined by Guidelines Section 15378, because this Resolution is an organizational or
administrative activity that will not result in a direct or indirect physical change in the
environment. (Guidelines Section 15378(b) (5)).
Section 7. This Resolution shall take effect immediately upon its adoption.
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PASSED, APPROVED, AND ADOPTED thi ay of February, 2012.
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ATTEST:
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City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2012-15 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on February 21, 2012.
&% C
City Clerk
Resolution No. 2012-15
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