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HomeMy WebLinkAboutOversight Board - 2014-03 Oversight Board Resolution RESOLUTION NO. 2014-03 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE SUCCESSOR AGENCY TO EXECUTE AND DELIVER A SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY WHEREAS,pursuant to the Community Redevelopment Law(Part 1 of Division 24 of the Health and Safety Code of the State of California and referred to herein as the"Law"), the City Council of the City of Huntington Beach(the "City") created the former Redevelopment Agency of the City of Huntington Beach (the "Former RDA"); and The Former RDA was a redevelopment agency, a public body, corporate and politic duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Law; and The City agreed to serve as the successor agency (referred to herein as the Agency) to the Former RDA commencing upon the dissolution of the Former RDA on February 1, 2012 pursuant to Assembly Bill X126 ("AB 26"); and Pursuant to Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code, commencing with Section 6500 thereof(the "Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and The Oversight Board (the "Oversight Board") to the Successor Agency to the Redevelopment Agency of the City of Huntington Beach(the "Agency") is informed that, pursuant to the Act and the Joint Exercise of Powers Agreement, dated as of March 7,'l 9$8 as amended by the First Amendment to Joint Exercise of Powers Agreement, dated as of May 16, 1988 (collectively, the"First Amended Joint Powers Agreement"), each by and between the City and the Former RDA (collectively, the "Original Members"), the Original Members created and established the Huntington Beach Public Financing Authority (the "Authority") for the purposes set forth in the First Amended Joint Powers Agreement and to exercise the powers described in the First Amended Joint Powers Agreement, which each of the Original Members determined would provide significant public benefits; and The Oversight Board is informed that the City, the Agency and the Huntington Beach Housing Authority (the "Housing Authority") now desire to amend the First Amended Joint Powers Agreement pursuant to the Second Amendment to Joint Exercise of Powers Agreement (such Second Amendment to Joint Exercise of Powers Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the "Second Amendment") in order to substitute the Housing 14-4245/110385.doc Oversight Board Reso. No. 2014-03 Authority for the Agency as a member of the Authority(each, a"Member") and to make certain other amendments to the First Amended Joint Powers Agreement; and The Oversight Board finds in accordance with Section 34181(d)that the early termination of the Agency as a Member of the Authority and the substitution of the Housing Authority is in the best interests of the taxing entity recipients of property tax revenues; and The Oversight Board finds and determines that no taxing entity recipient of property tax revenues could be affected financially by the actions taken in this Resolution; and There has been prepared and submitted to this meeting a form of the Second Amendment; and The Agency has approved all matters relating to the execution and delivery of the Second Amendment; and The Oversight Board now desires to approve all matters relating to the execution and delivery of the Second Amendment, NOW, THEREFORE, the Oversight Board to the Successor Agency to the Redevelopment Agency of the City of Huntington Beach does hereby resolve, determine and order as follows: SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference. SECTION 2. The Second Amendment, in substantially the form presented at this meeting with such changes therein as the officer of the Agency executing the same may require or approve, is hereby approved. Upon approval of this Resolution by the California Department of Finance, the Oversight Board authorizes and directs the City Manager of the City to negotiate, execute, deliver and/or acknowledge the Second Amendment and any other documents necessary to comply with the authority granted by this Resolution. SECTION 3. The Oversight Board hereby authorizes and directs the Secretary of the Oversight Board to electronically deliver a copy of this Resolution to the California Department of Finance in accordance with California Health and Safety Code Section 34179(h). SECTION 4. The City Manager of the City acting for the Agency's Oversight Board is hereby authorized to take whatever actions may be necessary to carry out the purposes of this Resolution. SECTION 5. The City Clerk of the City acting for the Agency's Oversight Board shall certify to the passage of this Resolution and enter it into the book of original resolutions and take any other actions and/or perform any other duties required by law. 14-4245/1103 85.doc Oversight Board Reso. No. 2014-03 SECTION 6. Pursuant to California Health and Safety Code Section 34179(h), all actions taken by the Oversight Board may be reviewed by the California Department of Finance (the "Department of Finance") and, therefore, this Resolution shall be effective five (5) business days after notice to the Department of Finance unless the Department of Finance requests a review of the actions taken in this Resolution, in which case this Resolution will be effective upon approval (including as may be deemed approved under the Law) by the Department of Finance. SECTION 7. This Resolution shall take effect upon approval of the California Department of Finance in accordance with California Health and Safety Code Section 34179(h). PASSED AND ADOPTED by the Oversight Board to the Successor Agency to the Redevelopment Agency of the City of Huntington Beach at a special meeting thereof held on the #`day of 32014. 1111AZ4111.0-A r Chairman AREVIE AND APPROVED: irector APPROVED AS TO FORM: ency oun el 14-4245/110385.doc Oversight Board Res. No. 2014-03 STATE OF CALIFORNIA ) COUNTY OF ORANGE . ) ss 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 Huntington Beach Redevelopment Agency at a meeting held on June 17, 2014 and that it was so adopted by the following vote: AYES: Board Members: Harper, Carchio, L. Dunn, Bone, Delgado, Fritzal NOES: Board Members: None ABSENT: Board Members: , A. Dunn ABSTAIN: Board Members: None Secret of the Huntington Beac Over t Board of the Successor Agency of the Former City of Huntington Beach Redevelopment Agency Huntington Beach, California