HomeMy WebLinkAboutResolution No. 12-7317 RESOLUTION NO. 12 -7317
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
DETERMING THAT THE CITY OF DOWNEY SHALL NOT RETAIN THE
HOUSING ASSETS AND FUNCTIONS OF THE DISSOLVED
REDEVELOPMENT AGENCY COMPONENT OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AND
DESIGNATING THE HOUSING AUTHORITY COMPONENT OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AS
THE LOCAL HOUSING AUTHORITY TO WHICH THE HOUSING ASSETS
AND FUNCTIONS OF THE DISSOLVED REDEVELOPMENT AGENCY
COMPONENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF DOWNEY SHALL BE TRANSFERRED, PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34176
WHEREAS, the Community Development Commission of the City of Downey ( "CDC ") is
a public body, corporate and politic, organized and existing under the California Community
Development Commission Law (Health & Safety Code Section 34100), and, pursuant to Health
and Safety Code Section 34112, functions as both a redevelopment agency consistent with the
California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) and a
housing authority consistent with the Housing Authorities Law (Health & Safety Code Section
34200 et seq.); and
WHEREAS, as used in this Resolution, the term "Redevelopment Agency" means the
redevelopment agency component of the CDC and not the housing authority component of the
•. CDC, and the term "Housing Authority" means the housing authority component of the CDC and
not the redevelopment agency component; and
WHEREAS, the City of Downey is a municipal corporation and a charter city organized
and existing under the Constitution of the State of California ( "City "); and
WHEREAS, on December 29, 2011, the California Supreme Court issued its opinion in
the case California Redevelopment Association, et al. v. Ana Matosantos, etc., et al., Case No.
S196861, and upheld the validity of Assembly Bill 1X26 ( "AB 1X26 ") and invalidated Assembly
Bill 1X27; and
WHEREAS, the Court's decision results in the implementation of AB 1X26 which
dissolves all the redevelopment agencies in the State of California as of February 1, 2012; and
WHEREAS, pursuant to a provision of AB 1X26, codified as Health and Safety Code
Section 34176, the city, in the case of a redevelopment agency of a city, may elect to retain the
housing assets and functions of the dissolved redevelopment agency, and if a city elects to not
retain the housing assets and functions of the dissolved redevelopment agency the City may
designate a local housing authority to which the housing assets and functions of the dissolved
redevelopment agency shall be transferred; and
WHEREAS, there exists within the territorial jurisdiction of the dissolved Redevelopment
Agency a local housing authority known as the Housing Authority (as defined above, the
housing authority component of the CDC) as well as a housing authority operated by the County
of Los Angeles; and
RESOLUTION NO. 12 -7317
PAGE TWO
WHEREAS, pursuant to Health and Safety Code Section 34176(b)(3), where there is
more than one local housing authority within the jurisdiction of the dissolved Redevelopment
Agency, the City Council may designate the local housing authority to which the housing assets
and functions of the dissolved redevelopment agency may be transferred; and
WHEREAS, the City Council, having considered the matter, has determined, in its
legislative discretion, that it is in the best interests of the City for the City to not retain the
housing assets and functions of the dissolved Redevelopment Agency component of the CDC
but instead to designate the Housing Authority component of the CDC as the local housing
authority to which the housing assets and functions of the dissolved Redevelopment Agency
component of the CDC shall be transferred;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The foregoing Recitals are true and correct and are incorporated herein.
SECTION 2. The City Council of the City of Downey hereby determines that the City of
Downey shall not retain the housing assets and functions of the dissolved Redevelopment
Agency component of the CDC but, pursuant to Health and Safety Code Section 34176(b)(3),
hereby designates the Housing Authority component of the CDC as the local housing authority
to which the housing assets and functions of the dissolved Redevelopment Agency component
of the CDC shall be transferred.
SECTION 3. The City Manager and his authorized designees are hereby authorized
and directed to take such other and further actions and sign such other and further documents
as is necessary and proper to implement this Resolution on behalf of the City.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10 day of Jan -ary, 2012.
a A
R•G ' C. BR• SMER, Mayor
ATTEST:
C/
ADRIA M. JIM NEZ, CMC
City Clerk
RESOLUTION NO. 12 -7317
PAGE THREE
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a regular meeting held on the 10 day of January, 2012, by the following
votes, to wit:
AYES: Council Members: Guerra, Marquez, Vasquez, Gafin, Mayor Brossmer
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
)
ADRIA M. JI ENEZ, CMC
City Clerk