HomeMy WebLinkAboutCity Council - 2012-02 RESOLUTION NO. 2012- 02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH UNDER PART 1.85 OF DIVISION 24 OF THE
HEALTH AND SAFETY CODE DESIGNATING THE HOUSING AUTHORITY
TO PERFORM THE HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE
HUNTINGTON BEACH REDEVELOPMENT AGENCY SUBJECT
TO RESERVATIONS HEREIN STATED
WHEREAS,the City of Huntington Beach formed the Huntington Beach Redevelopment
Agency, ("Agency")which has continuously engaged in redevelopment activities under the
Community Redevelopment Law(Health and Safety Code sections 33000 et seq.); and
Sections 33334.2 and 33334.3 of the Community Redevelopment Law (CRL) require the
Agency to use 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
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
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
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 Huntington Beach desires to designate the
Housing Authority to receive the transfer 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
The City Council of the City of Huntington Beach hereby desires to adopt this Resolution,
subject to the express reservation of rights of the City of Huntington Beach, Agency and Housing
Authority under law and/or equity, including without limitation the effectiveness of Assembly Bill
No. 26(2011-2012 1"Ex. Sess.)("AB I 26") (collectively, "Laws"); and
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 Ix
26, by virtue of the adoption of this Resolution and,therefore, reserves all of its rights under Laws to
challenge the applicability of AB I 26 to the Agency and/or the City of Huntington Beach and/or
Housing Authority in any administrative or judicial proceeding;and
All other legal prerequisites to the adoption of this Resolution have occurred; and
The City Council of the City of Huntington Beach hereby finds and determines that the
foregoing recitals are true and correct,
12-3165/74601 - 1 -
Resolution No. 2012-02
NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve
as follows:
1. Subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of
the Health and Safety Code, the City of Huntington Beach hereby designates the Housing Authority
to receive the transfer 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.
2. The designation of Housing Authority under this Resolution is expressly contingent
upon Housing Authority being duly authorized to take, and taking,such act.
3. The City Manager or his/her designee is hereby authorized to make all notifications
of such designation 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 designation of the Housing Authority to receive the transfer 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.
4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 9th day of January ,2012.
Mayor
REVIE APPROVED: IFTI ED A D APPROVED:
City er Director of Economic Development
APPROVED AS TO FORM:
ity Atto evy V L1-11,
12-3165n4601 -2 -
Res. No. 2012-02
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Special meeting thereof held on January 09, 2012 by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
41
Ci Clerk and ex-officioLVerk of the
City Council of the City of
Huntington Beach, California