HomeMy WebLinkAbout2012-05 URA housing assets and functionsRESOLUTION NO. 2012-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH. CALIFORNIA,
ELECTING TO RETAIN THE HOUSING ASSETS AND FUNCTIONS PREVIOUSLY
PERFORMED BY THE REDEVELOPMENT AGENCY OF THE CITY OF UKIAH
PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND
SAFETY CODE
WHEREAS, the City Council of the City of Ukiah ("City") approved and adopted the
Redevelopment Plan for the Ukiah Redevelopment Project ("Redevelopment Plan") covering
certain properties within the City (the "Project Area"); and
WHEREAS, the Redevelopment Agency of the City of Ukiah ("Agency") has been
engaged in activities to execute and implement the Redevelopment Plan pursuant to the
provisions of the California Community Redevelopment Law (Health and Safety Code § 33000,
et seq.) ("CRL"); and
WHEREAS, since adoption of the Redevelopment Plan, the Agency has undertaken
redevelopment projects in the Project Area to eliminate blight, to improve public facilities and
infrastructure, to renovate and construct affordable housing, and to enter into partnerships with
private industries to create jobs and expand the local economy; 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 enacted an ordinance
committing it to making certain payments; and
WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State of
California on July 18, 2011 (California Redevelopment Association, et al. v. Ana Matosantos, et
al., Case No. S194861), challenging the constitutionality of AB 1X 26 and AB 1X 27 on behalf of
cities, counties and redevelopment agencies; and
WHEREAS, on December 29, 2011, the Supreme Court issued its final decision in the
aforesaid litigation, upholding AB 1X 26, invalidating AB 1X 27 and extending all statutory
deadlines under AB 1X 26, essentially dissolving all redevelopment agencies throughout the
State effective February 1, 2012; and
WHEREAS, Health and Safety Code section 34176 provides that the city that authorized
the creation of the redevelopment agency may elect to retain the housing assets and functions
perviously performed by the redevelopment agency;
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
THE CITY COUNCIL OF THE CITY OF UKIAH CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
82661.00001\7171671.1 Page 1 of 2
Section 2. Election to Retain Housing Assets and Functions. In accordance with
Health and Safety Code Section 34176, and based on the Recitals set forth above, because the
City Council authorized the creation of the Redevelopment Agency of the City of Ukiah, the City
Council hereby elects to retain the housing assets and functions previously performed by the
Redevelopment Agency of the City of Ukiah. 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 rights, powers, duties and obligations, excluding any amounts on deposit in the
Redevelopment Agency of the City of Ukiah's Low and Moderate Income Housing Fund shall be
transferred to the City of Ukiah
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 Mendocino County Auditor-Controller,
the Controller of the State of California, and the California Department of Finance of the
adoption of this Resolution and the transfer of any assets, all 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 9`" day of
January, 2012, by the following vote:
AYES:
Councilmembers Thomas, Crane, Rodin, Baldwin, and Mayor Landis
NOES:
None
ABSTAIN:
None
ABSENT:
None
ry Annex Landis,
A
4
bAnne M. Currie, City Clerk
82661.00001\7171671.1 Page 2 of 2