HomeMy WebLinkAboutCC Reso No 2017-114 Affordable Housing Time Period ExtensionRESOLUTION 2017 -114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ACTING AS HOUSING SUCCESSOR TO THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE EXTENDING THE TIME PERIOD IN
WHICH CERTAIN PROPERTY MUST BE DEVELOPED FOR AFFORDABLE
HOUSING IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION
33334.16
Whereas, on December 29, 2011, the California Supreme Court rendered its decision in
California Redevelopment Association v. Matosantos, upholding ABx1 26 (Dissolution Act); and,
Whereas, as a result of the California Supreme Court's decision, all redevelopment agencies in
the State of California, including the Redevelopment Agency for the City of Lake Elsinore (former
RDA) dissolved as of February 1, 2012; and,
Whereas, on January 10, 2012, the City Council adopted Resolution No. 2012 -001 accepting the
City of Lake Elsinore's role as Successor Agency to the former RDA (Successor Agency); and,
Whereas, as of February 1, 2012, all assets, properties, and contracts of the former RDA were
transferred, by operation of law, to the Successor Agency; and,
Whereas, pursuant to the Dissolution Act, on January 10, 2012, the City of Lake Elsinore City
Council approved Resolution No. 2012 -001 to elect to retain all housing assets and assume the
affordable housing functions of the former RDA as of February 1, 2012, as the Housing Successor
Agency to the former RDA (Housing Successor Agency); and,
Whereas, the former RDA acquired seven properties (Properties) with low and moderate income
housing funds prior to February 1, 2012, described as (1) 375 - 293 -029, (2) 375 - 293 -030,
(3) Chaney Street at Morton Avenue (APN 375 - 321 -031), (4) Chaney Street at Morton Avenue
(APN 375 - 321 -032), (5) Chaney Street at Morton Avenue (APN 375 - 321 -033), (6) Strickland
Avenue (APN 375 - 321 -029), and (7) Strickland Avenue (APN 375 - 321 -030); and,
Whereas, pursuant to Health & Safety Code (HSC) Section 33334.16, any agency acquiring real
property with affordable housing funds prior to February 1, 2012, "Shall, within five years from the
date it first acquires the property interest for the development of housing affordable to persons
and families of low and moderate income, initiate activities consistent with the development of the
property for that purpose." These activities may include, but are not limited to, zone changes or
agreements entered into for the development and disposition of property; and,
Whereas, the five -year time period, as described in HSC Section 33334.16, shall be deemed to
have commenced on the date that the Department of Finance approved the property as a housing
asset in the Housing Asset Transfer Form, which was on September 17, 2012; and,
Whereas, pursuant to Health and Safety Code Section 33334.16, the Housing Successor Agency
Board is authorized to extend the deadline to initiate activities by an additional five years upon
affirming the intention to develop housing affordable to households of low and moderate income;
and,
Whereas, all other legal prerequisites to the adoption of this Resolution have occurred.
CC Reso. No. 2017 -114
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS
THE HOUSING SUCCESSOR AGENCY DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated herein by
reference.
SECTION 2. The City Council hereby extends the time - period in which certain property must be
developed for affordable housing in accordance with HSC Section 33334.16.
SECTION 3. The City Council hereby authorizes and directs staff to take all actions necessary
under the Dissolution Act for approval of the transfer of the aforementioned Properties.
SECTION 4. The Mayor shall sign this resolution, and the Clerk shall attest and certify to the
passage and adoption thereof.
SECTION 5. 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 hereby declares that it would have
adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this 10th day of October 2017.
�.�o ert E. Magee
Mayor
ATT ST:_ ��
Susan amen, MMC
City Clerk
CC Reso. No. 2017 -114
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2017 -114 was adopted by the City Council of the City of Lake Elsinore,
California, at the regular meeting of October 10, 2017, and that the same was adopted by the
following vote:
AYES: Council Members Hickman, Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
i
Su -an-M. Domen, MMC
City Clerk