HomeMy WebLinkAboutSuccessor Agency - 2013-05 RESOLUTION NO. 2013- 05
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
REGARDING RULES AND REGULATIONS FOR THE OPERATIONS OF
THE SUCCESSOR AGENCY AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH
WHEREAS, the former Redevelopment Agency of the City of Huntington Beach
("Former Agency") was a redevelopment agency in the City of Huntington Beach ("City"), duly
created pursuant to the California Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the California Health and Safety Code); and
AB x1 26 was signed by the Governor of California on June 28, 2011, making certain
changes to the California Community Redevelopment Law and the California Health and Safety
Code by adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with
Section 34170) ("Part 1.85") to Division 24 of the California Health and Safety Code, and was
amended by Assembly Bill No. 1484 (Chapter 26, Statutes,.2012) which was signed by the
Governor of California on June 27, 2012, and was further amended by Assembly Bill No. 1585
which was signed by -the Governor of California on September 29, 2012 (collectively, the
"Dissolution Act"); and
The City Council of the City adopted Resolution No. 2012-01 on January 9, 2012,
pursuant to the Dissolution Act, electing to serve as the successor agency to the Former Agency
("Successor Agency") upon the dissolution of the Former Agency under the Dissolution Act; and
Health and Safety Code Section 34173 provides, in part:
(a) Successor agencies, as defined in this part, are hereby designated as successor
entities to the former redevelopment agencies.
(b) Except for those provisions of the Community Redevelopment Law that are
repealed, restricted, or revised pursuant to the act adding this part, all authority,
rights, powers, duties, and obligations previously vested with the former
redevelopment agencies, under the Community Redevelopment Law, are hereby
vested in the successor agencies.
(g) A successor agency is a separate public entity from the public agency that
provides for its governance and the two entities shall not merge. The liabilities of
the former redevelopment agency shall not be transferred to the sponsoring entity
and the assets shall not become assets of the sponsoring entity. A successor
agency has its own name, can be sued, and can sue. All litigation involving a
redevelopment agency shall automatically be transferred to the successor agency.
The separate former redevelopment agency employees shall not automatically
become sponsoring entity employees of the sponsoring entity and the successor
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agency shall retain its own collective bargaining status. As successor entities,
successor agencies succeed to the organizational status of the former
redevelopment agency, but without any legal authority to participate in
redevelopment activities, except to complete any work related to an approved
enforceable obligation. Each successor agency shall be deemed to be a local entity
for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code); and the
Successor Agency, hereby desires to adopt a name for the Successor Agency as a
separate legal entity and establish rules and regulations that will apply to the
governance and operations of the Successor Agency; and
The Successor Agency hereby desires to adopt this Resolution regarding rules and
regulations that apply to the governance and operations of the Successor Agency and taking
certain actions in connection therewith; and
All of the prerequisites with respect to the approval of this Resolution have been met.
NOW, THEREFORE, the Successor Agency to the Redevelopment Agency of the City of
Huntington Beach does hereby resolve as follows:
1. The Successor Agency hereby finds and determines that the foregoing recitals are
true and correct.
2. Separate Legal Entity. The Successor Agency is a distinct and separate legal
entity from the City, and is named the "Successor Agency to the Redevelopment Agency of the
City of Huntington Beach".
3. Governance.
A. Board of Directors. The Successor Agency shall be governed by a Board
of Directors ("Board"), which shall exercise the powers and perform the duties of the Successor
Agency. The Board shall consist of the members of the City Council of the City.
B. Board Officers. The Board shall have a Chair to preside at and conduct all
meetings and a Vice Chair who shall act in the absence of the Chair. The offices of the Chair
and Vice Chair shall be filled by the Mayor and Mayor Pro Tem, respectively, of the City
Council of the City.
C. Meetings of the Board. The Board may adopt such rules and procedures
for conducting meetings and other business as the Board deems appropriate.
D. Quorum. A majority of the Board members shall constitute a quorum for
the transaction of Successor Agency business. Less than a quorum may adjourn or continue
meetings from time to time.
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E. Voting. Except as otherwise provided by applicable law or resolution of
the Board, decisions of the Board shall be made by a majority of a quorum.
F. Executive Director. The City Manager of the City shall serve as
Executive Director of the Successor Agency. The Executive Director may appoint officers and
employees as necessary to perform the duties of the Successor Agency. The Executive Director
also may delegate the performance of his/her duties to other officers or employees.
G. Secretary. The City Clerk of the City shall serve as Secretary of the
Successor Agency.
H. Successor Agency Counsel. The City Attorney of the City shall serve as
Successor Agency Counsel.
I. Additional Duties. The officers of the Successor Agency shall perform
such other duties and functions as may from time to time be required or directed by the Board of
the Successor Agency. The Chair, or Vice Chair in the absence of the Chair, and the Executive
Director, or any other person or persons designated by formal action of the Board, may sign
deeds, contracts and other instruments made by the Successor Agency.
4. Indemnification and Liability.
A. Indemnification. The Successor Agency shall defend, indemnify, and hold
harmless the City, and its City Council, boards, commissions, officers, employees and agents,
from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising
directly or indirectly from the conduct, activities, operations, acts, and omissions of the
Successor Agency and its boards, commissions, officers, employees and agents.
B. Liabili1y. In accordance with the Dissolution Act (as it now exists or may
be amended from time to time in the future), the liability of the Successor Agency, acting
pursuant to the powers granted under Part 1.85, shall be limited to the extent of the total sum of
property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as
a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and
obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations
of the Successor Agency and not of the City.
5. To the extent the Successor Agency Executive Director has already executed any
documents or taken any actions in connection with the closing of the "escrow" under that certain
Affordable Housing Agreement by and between the Successor Agency and Bella Terra Villas
LLC dated October 11, 2010,the execution of such documents and the taking of such actions are
hereby ratified, approved, confirmed and adopted in all respects.
6. Without limiting any of the foregoing, the Successor Agency Executive Director
and his or her designee are specifically authorized to execute and deliver on behalf of the
Successor Agency all of the documents and to take on behalf of the Successor Agency all of the
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actions for which authority was previously given to the Former Agency's Executive Director and
his or her designee by the Former Agency's Board of Directors.
7. The Successor Agency does not intend, by adoption of this Resolution, to waive
any constitutional, legal and/or equitable rights of the Successor Agency or the City of
Huntington Beach under law and/or in equity by virtue of the adoption of this Resolution and
actions approved and taken pursuant to this Resolution and, therefore, reserves all such rights of
the Successor Agency and the City of Huntington Beach under law and/or in equity.
PASSED AND ADOPTED by the Successor Agency,to the'Redevelopment Agency of
the City of Huntington Beach at a regular meeting thereof held on the 18th day of
November, 2013.
0
CHAIRMAN
REVIEWED AND APPROVED: INITIATED AND APPROVED:
E4AGI Director ty Executive Director
APPROVED AS TO FORM:
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Successor Agency
Res. No. 2013-05
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
'CITY'OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the Clerk of the Successor Agency to the former
City of Huntington Beach Redevelopment Agency, Huntington Beach, California,
DO HEREBY CERTIFY that the foregoing resolution was duly adopted by The
Successor Agency to the Redevelopment Agency of the City of Huntington Beach
at a special meeting held on November 18, 2013 and that is was so adopted by
the following vote:
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
CI r of The Successor#eincy to
the Redevelopment Agency of the
City of Huntington Beach, California