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HomeMy WebLinkAboutOversight Board - 2013-11 OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH RESOLUTION NO. 2013-11 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH RATIFYING PREVIOUS ACTIONS TRANSFERRING THE HOUSING FUNCTIONS, ASSETS AND OBLIGATIONS OF THE SUCCESSOR AGENCY TO THE HUNTINGTON BEACH HOUSING AUTHORITY WHEREAS, by operation of Assembly Bill No. 26 (2011-2012 1"Ex. Sess.) as amended by Assembly Bill No. 1484 (2011-2012 Regular Session) (collectively, the "Dissolution Bills"), the Redevelopment Agency of the City of Huntington Beach (the "Agency") was dissolved on February 1, 2012; and Certain property, assets and obligations of the Agency, including assets and obligations associated with the housing activities of the Agency were transferred to the City pursuant to Agency Resolution No. 388 and City Council Resolution No. 2011-17 adopted on March 7, 2011, in order to allow the City to appropriately complete redevelopment projects and other related activities; and Pursuant to AB 26, the City Council of the City of Huntington Beach adopted Resolution No. 2012-01 on January 9, 2012, electing to be the Successor Agency to the Redevelopment Agency of the City of Huntington Beach (the "Successor Agency"), which is a legal entity that exists separate and independent of the City of Huntington Beach; and Pursuant to AB 26, the City Council of the City of Huntington Beach adopted Resolution No. 2012-02 on January 9, 2012, designating the Huntington Beach Housing Authority (the "Authority") as the entity responsible for performing the housing functions previously performed by the Agency and authorizing the transfer of housing assets and functions; and The Authority adopted Resolution No. 2012-01 on January 9, 2012, accepting the designation as the entity that will perform the housing functions previously performed by the Agency and accepting the transfer of housing assets and functions; and Pursuant to its obligations under the Dissolution Bills, the Successor Agency effectuated the transfer of all rights, powers, duties, obligations, and housing assets, excluding enforceable obligations retained by the Successor Agency (collectively, the "Housing Assets and Obligations"), to the Authority to allow the Authority to appropriately complete the housing projects and administer the housing functions previously performed by the Agency; and 13-3939/101429.doc 1 Oversight Board Resolution No. 2013-11 By written correspondence dated February 15, 2013, the California Department of Finance ("DOF") notified the Authority that, with the exception of Exhibit C, Item 1 as more particularly described therein, it was not objecting to the Housing Assets and Obligations and transfers thereof included on the Housing Asset Transfer Form submitted to DOF on August 1, 2012 which included the housing assets previously transferred from the Agency to the City; and The Successor Agency has made a full report to the Oversight Board identifying the Housing Assets and Obligations and describing the actions the Agency and the Successor Agency have taken to implement and carry out the transfer of the Housing Assets and Obligations to the Authority; and Pursuant to Section 15301 of the State CEQA Guidelines, the transfers of the Housing Assets and Obligations were exempt from environmental review under CEQA because the transfers will result in a continuation of existing facilities involving no expansion of use and are therefore exempt from environmental review, and any future development of the housing assets will require separate environmental review; and The transfers of the Housing Assets and Obligations to the Authority were undertaken in accordance with the requirements of the Dissolution Bills and will accomplish the public purposes of allowing the Authority to appropriately complete the housing projects and administer the housing functions previously performed by the Agency; and All other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach does hereby resolve as follows: 1. The Oversight Board hereby finds and determines that the foregoing recitals are true and correct. 2. The Oversight Board has received and heard all oral and written objections to matters pertaining to this transaction, and all such oral and written objections are hereby overruled. 3. A duly noticed public meeting having been held, in conformance with Section 34181 of the Dissolution Bills, the Oversight Board hereby adopts, approves, ratifies and confirms all actions taken by the Agency and/or Successor Agency and by the staff of the Agency and/or Successor Agency to implement and carry out the transfers of the Housing Assets and Obligations to the Authority. 4. The Successor Agency is hereby authorized and directed to take such further reasonable and necessary actions and sign on behalf of the Oversight Board such further reasonable and necessary documents first approved in writing by the Successor Agency's General Counsel as may be appropriate to finalize the transfers of the Housing Assets and Obligations from the Successor Agency to the Authority. 13-3939/101429.doc 2 Oversight Board Resolution No. 2013-11 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Huntington Beach at a special meeting thereof held on the �"- day of October, 2013. Chairman REVIEW D A APPROVED: Exe9� give Director APPROVED AS TO FORM: f4 � " � �L'—k:2 Agency Course M\ qJ 3 6 13-3939/101429.doc 3 Res. No. 2013-11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, Secretary of the Huntington Beach Oversight Board of the Successor Agency of the Former City of Huntington Beach Redevelopment Agency, Huntington Beach, California DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Huntington Beach Oversight Board of the Successor Agency of the Former City of Huntington Beach Redevelopment Agency at a meeting held on October 2,2013 and that it was so adopted by the following vote: AYES: Board Members: Boardman, Carchio, Delgado, Fritzal NOES: Board Members: None ABSENT: Board Members: Bone, A. Dunn, L. Dunn ABSTAIN: Board Members: None Secret ry of the Huntingto (A each Oversight Board�gt the Successor Ag�ncy of the Former City of Huntington Beach Redevelopment Agency Huntington Beach, California