HomeMy WebLinkAboutHousing Authority - 01 RESOLUTION NO. 01
A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF HUNTINGTON
BEACH ACCEPTING THE TRANSFER OF THE HOUSING ASSETS AND FUNCTIONS
OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY UNDER PART 1.85 OF
DIVISION 24 OF THE HEALTH AND SAFETY CODE 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
Pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City Council of
the City of City of Huntington Beach has duly adopted Resolution No. 2012- 02
("Resolution"), subject to all reservations therein stated, designating the Housing Authority to
receive a 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 City of Huntington Beach adopted the Resolution,
subject to the express reservation of rights of the City of Huntington Beach, Agency and the
Housing Authority under law and/or equity, including without limitation the effectiveness of
Assembly Bill No. 26(2011-2012 1st Ex. Sess.) ("AB Ix 26") (collectively, "Laws"); and
Subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of the
Health and Safety Code, the Housing Authority desires to accept 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
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12-3165n4602
Housing Authority Resolution No. Ol
The Housing Authority does not intend, by adoption of this resolution, to waive any
constitutional and/or legal rights 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 City of
City of Huntington Beach, Agency and the Housing Authority in any administrative or judicial
proceeding; and
All other legal prerequisites to the adoption of this resolution have occurred; and
The Housing Authority hereby finds and determines that the foregoing recitals are true
and correct.
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 Housing Authority accepts 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 Executive Director or his/her designee is hereby authorized to make all
notifications of such acceptance, 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 Housing Authority of the rights,
powers, assets, duties and obligations associated with the housing activities of the Agency and to
administer the Authority's obligations, responsibilities and duties to be performed thereunder.
3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Housing Authority of the City of Huntington Beach at
a regular meeting thereof held on the 9 t h day of January , 201.
Chairman
REVI ND APPROVED: =INAVNDPPROVED:
Ef utivirector Deputy Executive Director
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1 2-3 1 65/74602
Res. No. 01
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, Housing Authority Clerk of the Huntington
Beach Housing Authority DO HEREBY CERTIFY that the foregoing
resolution was duly adopted by the Huntington Beach Housing Authority at
a special meeting of said Housing Authority held on January 9, 2012 and
that it was so adopted by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
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rk of the Huntington EYeach
Housing Authority
City of Huntington Beach, California