CC Resolution 2012-002RESOLUTION NO. 2012 - 002
A RESOLUTION OF THE LA QUINTA CITY COUNCIL OF
THE CITY OF LA QUINTA CALIFORNIA ELECTING TO
HAVE THE CITY OF LA QUINTA SERVE AS THE
SUCCESSOR AGENCY TO THE LA QUINTA
REDEVELOPMENT AGENCY PURSUANT TO CALIFORNIA
HEALTH & SAFETY CODE SECTION 34173 AND
ELECTING TO HAVE THE LA QUINTA HOUSING
AUTHORITY RETAIN THE HOUSING ASSETS AND
HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY
THE LA QUINTA REDEVELOPMENT AGENCY PURSUANT
TO HEALTH & SAFETY CODE SECTION 34176
WHEREAS, the La Quinta Redevelopment Agency ( "Agency ") is a public
body, corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq. ( " CRL "); and
WHEREAS, the City of La Quinta is a municipal corporation and charter city
under the Constitution of the State of California ( "City "); and
WHEREAS, on December 29, 2011, in California Redevelopment Association
v. Matosantos, Case No. S194861, the California Supreme Court upheld AB 26x1,
which dissolves all of the redevelopment agencies in California, and struck down
AB 27x1, which allowed redevelopment agencies to remain in existence if the
opted in to the "Voluntary Alternative Redevelopment Program" ( "VARP ").; and
WHEREAS, the City had opted into the VARP by adopting Ordinance No.
491; and
WHEREAS, because the Agency was going to remain in existence, the City
was not required to decide whether it wished to be the Successor Agency to the
Agency; and
WHEREAS, now that the VARP program has been stricken by the Court, the
City has the option of deciding whether or not it wishes to serve as the Successor
Agency to the Agency; and
WHEREAS, in footnote 25 of the Supreme Court's decision, the Court
extended the deadline for making the election only to January 13, 2012; and
WHEREAS, the City Council has determined that it is in the best interest of
Resolution 2012 -002
Naming the City as Successor Agency to the RDA
Adopted: January 3, 2012
Page 2
the City of La Quinta for the City to serve as the Successor Agency; and
WHEREAS, pursuant to Health & Safety Code Section 34173(d)(1), the City
would automatically became the Successor Agency unless it affirmatively elected
not to serve as the Successor .Agency by Resolution, but the City wishes to
express its intention to serve as the Successor Agency to the La Quinta
Redevelopment Agency; and
WHEREAS, pursuant to Health & Safety Code Section 34176, the City could
either opt to retain the housing assets and functions previously performed by the
La Quinta Redevelopment Agency or, by default, allow those assets and functions
to be assigned to and assumed by the La Quinta Housing Authority;
WHEREAS, the City wishes to express its intention to have the La Quinta
Housing Authority assume all rights, powers, assets, liabilities, duties, and
obligations associated with the housing activities of the La Quinta Redevelopment
Agency.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La
Quinta, California, as follows:
SECTION 1 . The above recitals are true and correct and are adopted as the findings
of the City Council.
SECTION 2 . The City Council hereby affirmatively elects pursuant to Health &
Safety Code Section 34173(d)(1) to serve as the Successor Agency to the La
Quinta Redevelopment Agency.
SECTION 3 . The City Council hereby elects to have the La Quinta Housing
Authority assume all rights, powers, assets, liabilities, duties, and obligations
associated with the housing activities of the La Quinta Redevelopment Agency in
accordance with Health & Safety Code Section 34176.
SECTION 4 . The Interim City Manager and is hereby authorized and directed to
take such other and further actions, and sign such other and further documents, as
is necessary and proper.in order to implement this Resolution on behalf of the City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 3 " day of January 2012, by the following vote:
Resolution 2012 -002
Naming the City as Successor Agency to the RDA
Adopted: January 3, 2012
Page 3
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ON AD L H, M YOR
City of La Quinta, California
ATTEST:
VERONICA J.'MO TECINO, C C, ark
City of L'a'Quinfa, California
(CITY SEAL)
APPROVED AS TO FORM: /�
A. L --
s
U. KATHERINE City Attorney
City of La Quinta, California