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City Council Meeting 1 -10 -12 Santa Monica, California
RESOLUTION NO. 10648 (CCS)
RESOLUTION OF THE CITY OF SANTA MONICA
ELECTING TO RETAIN THE HOUSING ASSETS
AND FUNCTIONS OF THE SANTA MONICA
REDEVELOPMENT AGENCY UNDER PART 1.85
OF DIVISION 24 OF THE HEALTH AND SAFETY
CODE SUBJECT TO RESERVATIONS HEREIN
STATED
Whereas, the City of Santa Monica formed the Santa Monica Redevelopment Agency
( "Agency "), which has continuously engaged in redevelopment activities under the
Community Redevelopment Law (Health and Safety Code sections 33000 et seq.)( "CRL ");
and
Whereas, Sections 33334.2 and 33334.3 of the CRL require the Agency to use not
less than 20 percent of taxes allocated to the Agency pursuant to Section 33670 of the CRL
for the purpose of increasing, improving, and preserving the community's supply of low and
moderate income housing ( "Low and Moderate Income Housing Fund "); and
Whereas, the Agency has continuously utilized its Low and Moderate Income
Housing Fund for the purpose of increasing, improving and preserving the community's
supply of low- and moderate - income housing available at affordable housing cost; and
Whereas, by enactment of Part 1.85 of Division 24 of the Health and Safety Code,
subject to all reservations herein stated, the Agency is subject to dissolution on February 1,
2012 such that the Agency shall be deemed as a former redevelopment agency under Health
and Safety Code section 34173(a); and
Whereas, subject to all reservations herein stated and pursuant to Part 1.85 of Division
24 of the Health and Safety Code, the City Council of the City of Santa Monica desires to
retain, without limitation, all of the housing assets, rights, powers, duties, obligations,
liabilities and functions previously performed by the Agency upon the dissolution of the
Agency, including enforcement of affordability covenants and performance of related
activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1,
commencing with Section 33000), including, but not limited to, Section 33418; and
Whereas, the City Council of the City of Santa Monica hereby desires to adopt this
Resolution, subject to the express reservation of rights of the City of Santa Monica and
Agency under law and/or equity, including without limitation the effectiveness of Assembly
Bill No. 26 (2011-2012 ls` Ex. Sess.) ( "AB lx 26 ") (collectively, "Laws "); and
Whereas, the City Council does not intend by adoption of this resolution to waive any
constitutional and /or legal rights under law and /or equity, including without limitation, the
effectiveness of AB 1 x 26, by virtue of the adoption of this Resolution and therefore reserves
all of its rights under Laws to challenge the applicability of AB Ix 26 to the Agency and /or
the City of Santa Monica in any administrative or judicial proceeding; and
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Whereas, all other legal prerequisites to the adoption of this Resolution have
occurred,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AS FOLLOWS:
Section 1. The City Council of the City of Santa Monica hereby finds and
determines that the foregoing recitals are true and correct.
Section 2. Subject to all reservations herein stated and pursuant to Part 1.85 of
Division 24 of the Health and Safety Code, the City of Santa Monica hereby elects to retain,
without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and
functions previously performed by the Agency upon the dissolution of the Agency,
including enforcement of affordability covenants and performance of related activities
pursuant to applicable provisions of the Community Redevelopment Law (Part 1,
commencing with Section 33000), including, but not limited to, Section 33418 and hereby
accepts the transfer to the City of Santa Monica of all of the housing assets, rights, powers,
duties, obligations, liabilities and functions associated with the housing activities of the
Agency.
Section 3. The City Manager is hereby authorized to make all notifications of
such election as deemed necessary under Part 1.85 of Division 24 of the Health and Safety
Code and to execute all documents and take all actions necessary and convenient to carry out
and implement the transfer to the City of Santa Monica of, without limitation, all of the
housing assets, rights, powers, duties, obligations, liabilities and functions previously
performed by the Agency upon the dissolution of the Agency, including enforcement of
affordability covenants and performance of related activities pursuant to applicable
provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000),
including, but not limited to, Section 33418 and to administer the City's obligations,
responsibilities and duties to be performed thereunder.
Section 4. The City Clerk shall certify the adoption of this Resolution and
thenceforth and thereafter the same shall be in full force and effect.
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Adopted and approved this 10th day of January, 2012.
V
Richard Bloom, Mayor
I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Resolution No. 10648 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 10th day of January, 2012, by the
following vote:
Ayes: Councilmembers: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tern Davis, Mayor Bloom
Noes: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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Denise Anderson - Warren, Acting City Clerk