HomeMy WebLinkAboutOversight Board Resolutions Relating to the Transfer of Owne AGENDA REPORT
Oversight Board of the Huntington Beach Successor Agency
to the Redevelopment Agency
MEETING DATE: January 8, 2013
SUBJECT/ACTION: Resolutions by the Oversight Board of the Successor Agency to the
Redevelopment Agency of the City of Huntington Beach Relating to the Transfer of
Ownership/Sale and Conveyance of Real Property in the City of Huntington Beach
RECOMMENDED ACTION: Motion to adopt:
1) Resolution No. 2013-01, "A Resolution of the Oversight Board of the Successor Agency
to the Redevelopment Agency of the City of Huntington Beach Directing the Transfer of
Ownership of Real Property in Accordance with Health and Safety Code Section
34181(a) [APN NO. 024-147-01];" and,
2) Resolution No. 2013-02, "A Resolution of the Oversight Board of the Successor Agency
to the Redevelopment Agency of the City of Huntington Beach Directing the Transfer of
Ownership of Real Property in Accordance with Health and Safety Code Section
34181(a) [APN NO. 024-153-21];" and,
3) Resolution No. 2013-03, "A Resolution of the Oversight Board of the Successor Agency
to the Redevelopment Agency of the City of Huntington Beach Directing the Transfer of
Ownership of Real Property in Accordance with Health and Safety Code Section
34181(a) [APN NO. 142-073-03];" and,
4) Resolution No. 2013-04, "A Resolution of the Oversight Board of the Successor Agency
to the Redevelopment Agency of the City of Huntington Beach Approving a Purchase
and Sale Agreement and Directing the Transfer of Ownership of Real Property in
Accordance with Health and Safety Code Section 34181(a) [APN NOs. 142-081-06, 142-
081-09, 142-081-10, 142-081-11, 142-081-12, and 142-081-28]."
BACKGROUND:
In response to the elimination of redevelopment agencies, in March 2011, the Huntington Beach
City Council and the former Redevelopment Agency took various actions to transfer Agency
assets and to transition activities of the former Agency to the City of Huntington Beach (City) in
order to continue to implement redevelopment in the City. Subsequent to that, AB lx 26 and AB
1484 were signed into law, which considered the transfer of assets to be unauthorized and invalid
and which dissolved the former Redevelopment Agency as of February 1, 2012. The Huntington
Beach City Council and Successor Agency approved the processing of documentation
confirming ownership of the former Redevelopment Agency assets with the Successor Agency.
DISCUSSION:
On March 7, 2011, the Redevelopment Agency transferred certain real property and leases from
the former Redevelopment Agency to the City. The actions taken were appropriate and
necessary at that time to ensure that the City would be able to continue to meet its obligations to
complete redevelopment/housing projects and activities through use of said real property.
Oversight Board Meeting
January 8, 2013
Page 2
On April 20, 2012, the California State Controller issued correspondence stating, in part, that
"[i]f your city...received any assets from a redevelopment agency after January 1, 2011, your
city...herby is ordered to...reverse the transfer and return the applicable assets to the successor
agency". On June 27, 2012, the Governor signed AB 1484, which made additional changes to
AB Ix 26 and California Redevelopment Law to clarify and/or expand certain provision of the
former Redevelopment Agency dissolution and wind down process. Among other things, AB
1484 set out requirements for Due Diligence Review, the purpose of which is to determine
unobligated balances of the Successor Agency available for transfer to taxing entities. The Due
Diligence Review will review, among other things, the transfer of assets from the former
Redevelopment Agency to the City and other public agencies after January 1, 2011, as well as
review the assets transferred from the former Redevelopment Agency to the Successor Agency
on February 1, 2012, (the former Redevelopment Agency dissolution date).
The City and Successor agency took action on October 15, 2012, in a manner consistent with AB
Ix 26, AB 1484, and the purported State Controller's order rescinding the previous actions taken
in March 2011, to transfer real property from the former Redevelopment Agency to the City of
Huntington.Beach. Quitclaim deeds (or other appropriate instruments) reflecting ownership of
the former Redevelopment Agency properties by the Successor Agency were processed.
Four of the properties transferred, are considered Governmental Uses and pursuant to AB 1484,
California Health and Safety Code Section 34181 (a) provides, in part, that the Oversight Board
shall direct the Successor Agency to transfer ownership to the appropriate public jurisdiction of
all assets and .property constructed and used for governmental purposes. The four parcels are
constructed and used for governmental purposes as described below.
S The transfer of ownership of property located in the City of Huntington Beach from the
Successor Agency to the Redevelopment Agency of the City of Huntington Beach
("Successor Agency") to the City of Huntington Beach. This property is a governmental
use as a surf museum;
• The transfer of ownership of certain real property located in the City of Huntington
Beach from the Successor Agency to the City of Huntington Beach. This property is a
governmental use, an undevelopable remnant parcel in use as a paved walkway (alley)
from Main Street.to 5th Street;
• The transfer of ownership of certain real property located in the City of Huntington
Beach from the Successor Agency to the City of Huntington Beach. This property is in
construction for use as a public skate park (VANS); and
• The sale and conveyance of certain real property located in the City of Huntington Beach,
California, APN Nos. 142-081-06, 142-081-09, 142-081-10, 142-081-11, 142-081-12,
and 142-081-28 (collectively, "Agency Property") from either the City of Huntington
Beach or the Successor Agency to Campbell Lodging International, LLC pursuant to an
existing Purchase and Sale Agreement. The Agency Property is currently in use as a Big
O Tires site, but is proposed to be developed as a high-quality, first-class, four story,
Hyatt Place Hotel or other brand hotel.
ATTACHMENT # 1
RESOLUTION NO. 2013-01
A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DIRECTING
THE TRANSFER OF OWNERSHIP OF REAL PROPERTY IN ACCORDANCE WITH
HEALTH AND SAFETY CODE SECTION 34181(a) [APN NO. 024-147-01]
WHEREAS, the former Redevelopment Agency of the City of Huntington Beach
("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) ("CRL"); and
The Agency was responsible for the administration of redevelopment activities within the
City; and
Section 33220 of the CRL provides that certain public bodies may aid and cooperate in
the planning, undertaking, construction or operation of redevelopment projects; and
The City and the Agency entered into a number of Cooperation Agreements to continue
the effort to redevelop, revitalize and/or eliminate blight in the City to achieve the purposes and
goals of the CRL, to repay debt to the City and to provide for affordable housing, as appropriate
and as authorized by redevelopment law in effect at the time of approval of said agreements; and
Pursuant to such authority set forth in the CRL and other applicable law, on March 7,
2011, by Resolution No. 2011-17, the City approved and accepted the transfer of certain real
property located in the City of Huntington Beach, California, APN No. 024-147-01
("Governmental Use Property"). The Governmental Use Property is in use as a surf museum
pursuant to that certain Lease Agreement between the City of Huntington Beach and Huntington
Beach and Marketing and Visitors Bureau dated as of January 27, 2011 ("Governmental Use
Lease"); and
Pursuant to Resolution No. 2011-17, the City executed a certificate of acceptance
("Certificate of Acceptance") for the Agency Deed designed to transfer ownership of the
Governmental Use Property from the Agency to the City ("Agency Deed"); and
On or about March 10, 2011, the Agency Deed, along with the Certificate of Acceptance,
was recorded in the official records of the County of Orange; and
Neither the Cooperation Agreements nor the purported transfer of the Governmental Use
Property (or any of the related documents and actions) were challenged within the applicable
statute of limitations; and
Subsequent to the date of transfer of the Governmental Use Property to the City, the City
entered into the Governmental Use Lease; and
12-3499/89312 1
Resolution No. 2013-01
AB xl 26 ("AB 26") was signed by the Governor of California on June 28, 2011, making
certain changes to the CRL and adding Part 1.8 and Part 1.85 to Division 24 of the California
Health and Safety Code; and
AB 26 states, in part, that "[t]he Legislature hereby finds that a transfer of assets by a
redevelopment agency [after January 1, 2011] is deemed not to be in the furtherance of the
[CRL] and is thereby unauthorized;" and
AB 26 further states, in part, that "[c]ommencing [February 1, 20121, ... arrangements
between the city ... that created the redevelopment agency and the redevelopment agency are
invalid...;" and
AB 26 further states, in part, that "[a]ll ... properties [and] buildings ... of the former
redevelopment agency are transferred on [February 1, 2012], to the control of the successor
agency;" and
On or about April 20, 2012, the California State Controller issued correspondence stating,
in part, that "[i]f your city ... received any assets from a redevelopment agency after January 1,
2011, your city ... hereby is ordered to ... reverse the transfer and return the applicable assets to
the successor agency of the relevant redevelopment agency;" and
Under AB 26, each successor agency shall have an oversight board with fiduciary
responsibilities to holders of enforceable obligations and the taxing entities that benefit from
distributions of property taxes and other revenues pursuant to California Health and Safety Code
Section 34188; and
The oversight board has been established for Successor Agency to the Redevelopment
Agency of the City of Huntington Beach ("Successor Agency") (which oversight board shall
hereinafter be referred to as the "Oversight Board") and all seven (7) members have been
appointed to the Oversight Board pursuant to California Health and Safety Code Section 34179;
and
AB 1484 ("AB 1484") was signed by the Governor of California on June 27, 2012,
making changes to AB 26 and certain additional changes to the CRL; and
AB 1484, at Section 34179.5(c)(2) of Part 1.85 of the California Health and Safety Code,
categorizes certain assets as those "transferred after January 1, 2011 ... by the redevelopment
agency ... to the city ... that formed the redevelopment agency..." ("Section 34179.5(c)(2)
Assets"); and
12-3499/89312 2
Resolution No. 2013-01
AB 1484, at Section 34179.5(c)(1) of Part 1.85 of the California Health and Safety Code,
categorizes certain other assets as those "transferred from the former redevelopment agency to
the successor agency on or about February 1, 2012." ("Section 34179.5(c)(1) Assets"); and
Because (i) AB 26 states that a transfer of assets by a redevelopment agency after January
1, 2011 was "unauthorized", (ii) AB 26 states that commencing February 1, 2012, arrangements
between a redevelopment agency and the city that created it are "invalid" and (iii) the State
Controller has purported to order that ownership of certain assets be vested in successor
agencies, the Governmental Use Property is therefore not categorized as Section 34179.5(c)(2)
Assets; and
Because AB 26 states that all properties and buildings of the former redevelopment
agency are transferred on February 1, 2012 to the control of the successor agency, the
Governmental Use Property was therefore categorized as Section 34179.5(c)(1) Assets; and
The City and Successor Agency do not acknowledge that the purported transfer of the
Governmental Use Property by the Agency to the City in 2011 was not in furtherance of the
CRL; and
The City and Successor Agency do not acknowledge the effectiveness of the
Legislature's purported deeming not to be in furtherance of the CRL of the purported transfer of
assets that was conducted in accordance with the CRL at the time when made and was not
challenged within the applicable statute of limitations; and
The City and Successor Agency do not acknowledge that commencing February 1, 2012,
arrangements between the redevelopment agency and the city that created it are invalid; and
The City and Successor Agency do not acknowledge the effectiveness of the California
State Controller's order to reverse the transfer of the Governmental Use Property and return the
applicable assets to the Successor Agency; and
The City and Successor Agency have limited financial resources and desire not to initiate
litigation at this time with regard to AB 26, AB 1484 and/or the purported order by the California
State Controller that ownership of the Governmental Use Property be vested in the Successor
Agency; and
Therefore, in order to avoid the costs of litigation and other costs, the City and Successor
Agency took action in a manner consistent with AB 26, AB 1484 and the California State
Controller's purported order, and in furtherance of the Successor Agency's duties under Section
34179.6(h)(1) and Section 34179.6(f), by processing documentation reflecting ownership of the
Governmental Use Property by the Successor Agency pursuant to City Resolution No. 2012-70
and Successor Agency Resolution No. 2012-06, without acknowledging the effectiveness of AB
26, AB 1484 and/or such order and duties, expressly disclaiming the same. A Quitclaim Deed
12-3499/89312 3
Resolution No. 2013-01
was recorded on October 17, 2012 whereby the City quitclaimed to the Successor Agency the
City's right, title and interest in the Governmental Use Property; and
California Health and Safety Code Section 34181(a) provides, in pertinent part, that the
Oversight Board shall direct the Successor Agency to transfer ownership to the appropriate
public jurisdiction of all assets and property constructed and used for governmental purposes;
and
The Governmental Use Property was constructed and is used for governmental purposes
and has no monetary value due to its required operation as a surf museum pursuant to the
Governmental Use Lease; and
The City is the appropriate public jurisdiction for ownership of the Governmental Use
Property as authorized pursuant to.California Health and Safety Code Section 34181(a); and
The Oversight Board desires to direct the Successor Agency to transfer ownership of the
Governmental Use Property to the City as the appropriate public agency; and
Per Section 15301 of the State CEQA Guidelines, the transfer of the Governmental Use
Property is exempt from environmental review under CEQA because the transfer will result in a
continuation of an existing facility involving no expansion of use and is therefore exempt from
environmental review, and any future development for the Governmental Use Property will
require separate environmental review; and
All of the prerequisites with respect to the approval of this Resolution have been met.
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 the
transfer of ownership of the Governmental Use Property and all such oral and written objections
are hereby overruled.
3. The Oversight Board hereby approves of the terms of the Governmental Use
Lease.
4. The Oversight Board hereby finds the City is the appropriate public jurisdiction to
assume ownership of the Governmental Use Property.
12-3499/89312 4
Resolution No. 2013-01
5. The Oversight Board hereby approves of and directs the Successor Agency to
transfer ownership of the Governmental Use Property to the City as the appropriate public
agency (including the retention of the Governmental Use Lease).
6. The Oversight Board hereby acknowledges and agrees that the Governmental Use
Lease constitutes the existence of an enforceable obligation pursuant to Part 1.8 and Part 1.85 of
Division 24 of the Health and Safety Code for the purposes of, without limitation, the disposition
of assets previously owned by the Agency.
7. The Oversight Board hereby authorizes and directs the Executive Director of the
Successor Agency, or his or her designee, and the City Manager, or his or her designee, to take
all actions and sign any and all documents necessary to implement and effectuate the actions
approved by this Resolution including, without limitation, approving amendments to the
Governmental Use Lease as determined necessary by the Executive Director of the Successor
Agency, or his or her designee, and the City Manager, or his or her designee, executing
documents on behalf of the Successor Agency and City (including, without limitation,
assignment and assumption agreements, grant deeds and quitclaim deeds), and administering the
Successor Agency's and City's obligations, responsibilities and duties to be performed pursuant
to this Resolution and the Governmental Use Lease.
8. The Oversight Board does not intend, by adoption of this Resolution, to waive
any constitutional, legal and/or equitable rights of the Oversight Board, the Successor Agency or
the City 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
Oversight Board, the Successor Agency and the City under law and/or in equity.
PASSED AND ADOPTED by the Oversight Board of the Successor Agency to the
Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the
day of , 20_&.
Chairman
REV;rX APPROVED: PROVED:
Exe ti %birector Deputy Executive Director
APPROVED AS TO FORM:
i;� Agency Counsel
12-3499/89312 5
Iles. No. 2013-01
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HUNT'INGT'ON 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 January 8, 2013 and that it was so adopted
by the following vote:
AWES: Board Members: Boardman, Carchio, Bone, Fritzal
NOES: Board Members: None
ABSENT: Board Members: A. Dunn, L. Dunn, Delgado
ABSTAIN: Board Members: None
Sec ary of the Huntingt . Beach Oversight
Board of the Successor Agency of the Former
City of Huntington Beach Redevelopment
Agency Huntington Beach, California
RESOLUTION NO. 2013-02
A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DIRECTING
THE TRANSFER OF OWNERSHIP OF REAL PROPERTY IN ACCORDANCE. WITH
HEALTH AND SAFETY CODE SECTION 34181(a) [APN NO. 024-153-21]
WHEREAS, the former Redevelopment Agency of the City of Huntington Beach
("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) ("CRL"); and
The Agency was responsible for the administration of redevelopment activities within the
City; and
Section 33220 of the CRL provides that certain public bodies may aid and cooperate in
the planning, undertaking, construction or operation of redevelopment projects; and
The City and the Agency entered into a number of Cooperation Agreements to continue
the effort to redevelop, revitalize and/or eliminate blight in the City to achieve the purposes and
goals of the CRL, to repay debt to the City and to provide for affordable housing, as appropriate
and as authorized by redevelopment law in effect at the time of approval of said agreements; and
Pursuant to such authority set forth in the CRL and other applicable law, on March 7,
2011, by Resolution No. 2011-17, the City approved and accepted the transfer of certain real
property located in the City of Huntington Beach, California, APN No. 024-153-21
("Governmental Use Property"). The Governmental Use Property is an undevelopable remnant
parcel in use as a paved walkway(alley) from Main St. to 5th St.; and
Pursuant to Resolution No. 2011-17, the City executed a certificate of acceptance
("Certificate of Acceptance") for the Agency Deed designed to transfer ownership of the
Governmental Use Property from the Agency to the City ("Agency Deed"); and
On or about March 10, 2011, the Agency Deed, along with the Certificate of Acceptance,
was recorded in the official records of the County of Orange; and
Neither the Cooperation Agreements nor the purported transfer of the Governmental Use
Property (or any of the related documents and actions) were challenged within the applicable
statute of limitations; and
AB xl 26 ("AB 26") was signed by the Governor of California on June 28, 2011, making
certain changes to the CRL and adding Part 1.8 and Part 1.85 to Division 24 of the California
Health and Safety Code; and
12-3499/89309 1
Resolution No -2013-02
AB 26 states, in part, that "[t]he Legislature hereby finds that a transfer of assets by a
redevelopment agency [after January 1, 2011] is deemed not to be in the furtherance of the
[CRL] and is thereby unauthorized;" and
AB 26 further states, in part, that "[c]ommencing [February 1, 2012], ... arrangements
between the city ... that created the redevelopment agency and the redevelopment agency are
invalid...;" and
AB 26 further states, in part, that "[a]ll properties [and] buildings ... of the former
redevelopment agency are transferred on [February 1, 2012], to the control of the successor
agency;" and
On or about April 20, 2012, the California State Controller issued correspondence stating,
in part, that "[i]f your city ... received any assets from a redevelopment agency after January 1,
2011, your city ... hereby is ordered to ... reverse the transfer and return the applicable assets to
the successor agency of the relevant redevelopment agency;" and
Under AB 26, each successor agency shall have an oversight board with fiduciary
responsibilities to holders of enforceable obligations and the taxing entities that benefit from
distributions of property taxes, and other revenues pursuant to California Health and Safety Code
Section 34188; and
The oversight board has been established for Successor Agency to the Redevelopment
Agency of the City of Huntington Beach ("Successor Agency") (which oversight board shall
hereinafter be referred to as the "Oversight Board") and all seven (7) members have been
appointed to the Oversight Board pursuant to California Health and Safety Code Section 34179;
and
AB 1484 ("AB 1484") was signed by the Governor of California on June 27, 2012,
making changes to AB 26 and certain additional changes to the CRL; and
AB 1484, at Section 34179.5(c)(2) of Part 1.85 of the California Health and Safety Code,
categorizes certain assets as those "transferred after January 1, 2011 ... by the redevelopment
agency ... to the city ... that formed the redevelopment agency..." ("Section 34179.5(c)(2)
Assets"); and
AB 1484, at Section 34179.5(c)(1) of Part 1.85 of the California Health and Safety Code,
categorizes certain other assets as those "transferred from the former redevelopment agency to
the successor agency on or about February 1, 2012." ("Section 34179.5(c)(1)Assets"); and
Because (i) AB 26 states that a transfer of assets by a redevelopment agency after January
1, 2011 was "unauthorized", (ii) AB 26 states that commencing February 1, 2012, arrangements
between a redevelopment agency and the city that created I it are "invalid" and (iii) the State
12-3499/89309 2
Resolution No. 2013-02
Controller has purported to order that ownership of certain assets be vested in successor
agencies, the Governmental Use Property is therefore not categorized as Section 34179.5(c)(2)
Assets; and
Because AB 26 states that all properties and buildings of the former redevelopment
agency are transferred on February 1, 2012 to the control of the successor agency, the
Governmental Use Property was therefore categorized as Section 34179.5(c)(1) Assets; and
The City and Successor Agency do not acknowledge that the purported transfer of the
Governmental Use Property by the Agency to the City in 2011 was not in furtherance of the
CRL; and
The City and Successor Agency do not acknowledge the effectiveness of the
Legislature's purported deeming not to be in furtherance of the CRL of the purported transfer of
assets that was conducted in accordance with the CRL at the time when made and was not
challenged within the applicable statute of limitations; and
The City and Successor Agency do not acknowledge that commencing February 1, 2012,
arrangements between the redevelopment agency and the city that created it are invalid; and
The City and Successor Agency do not acknowledge the effectiveness of the California
State Controller's order to reverse the transfer of the Governmental Use Property and return the
applicable assets to the Successor Agency; and
The City and Successor Agency have limited financial resources and desire not to initiate
litigation at this time with regard to AB 26, AB 1484 and/or the purported order by the California
State Controller that ownership of the Governmental Use Property be vested in the Successor
Agency; and
Therefore, in order to avoid the costs of litigation and other costs, the City and Successor
Agency took action in a manner consistent with AB 26, AB 1484 and the California State
Controller's purported order, and in furtherance of the Successor Agency's duties under Section
34179.6(h)(1) and Section 34179.6(f), by processing documentation reflecting ownership of the
Governmental Use Property by the Successor Agency pursuant to City Resolution No. 2012-70
and Successor Agency Resolution No. 2012-06, without acknowledging the effectiveness of AB
26, AB 1484 and/or such order and duties, expressly disclaiming the same. A Quitclaim Deed
was recorded on October 17, 2012 whereby the City quitclaimed to the Successor Agency the
City's right, title and interest in the Governmental Use Property; and
California Health and Safety Code Section 34181(a) provides, in pertinent part, that the
Oversight Board shall direct the Successor Agency to transfer ownership to the appropriate
public jurisdiction of all assets and property constructed and used for governmental purposes;
and
12-3499/89309 3
Resolution No. 2013-02
The Governmental Use Property was constructed and is used for governmental purposes
and has no monetary value due to it being an undevelopable remnant parcel; and
The City is the appropriate public jurisdiction for ownership of the Governmental Use
Property as authorized pursuant to California Health and Safety Code Section 34181(a); and
The Oversight Board desires to direct the Successor Agency to transfer ownership of the
Governmental Use Property to the City as the appropriate public agency; and
Per Section 15301 of the State CEQA Guidelines, the transfer of the Governmental Use
Property is exempt from environmental review under CEQA because the transfer will result in a
continuation of an existing facility involving no expansion of use and is therefore exempt from
environmental review; and
All of the prerequisites with respect to the approval of this Resolution have been met.
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 the
transfer of ownership of the Governmental Use Property and all such oral and written objections
are hereby overruled.
3. The Oversight Board hereby finds the City is the appropriate public jurisdiction to
assume ownership of the Governmental Use Property.
4. The Oversight Board hereby approves of and directs the Successor Agency to
transfer ownership of the Governmental Use Property to the City as the appropriate public
agency.
5. The Oversight Board hereby authorizes and directs the Executive Director of the
Successor Agency, or his or her designee, and the City Manager, or his or her designee, to take
all actions and sign any and all documents necessary to implement and effectuate the actions
approved by this Resolution including, without limitation, executing documents on behalf of the
Successor Agency and City (including, without limitation, grant deeds and quitclaim deeds), and
administering the Successor Agency's and City's obligations, responsibilities and duties to be
performed pursuant to this Resolution.
12-3499/89309 4
Resolution No. 2013-02
6. The Oversight Board does not intend, by adoption of this Resolution, to waive
any constitutional, legal and/or equitable rights of the Oversight Board, the Successor Agency or
the City 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
Oversight Board,the Successor Agency and the City under law and/or in equity.
PASSED AND ADOPTED by the Oversight Board of the Successor Agency to the
Redev lopment Agency of the City of Huntington Beach at a regular meeting thereof held on the
day of , 20/.
Chairman
RI AND APPROVED: IA?IED N APPROVED:
Ex u ' Director Deputy Executive Director
APPROVED AS TO FORM:
f
S�Agency Counsel
12-3499/89309 5
Iles. No. 2013-02
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 January 8, 2013 and that it was so adopted
by the following vote:
AYES: Board Members: Boardman, Carchio, Bone, Fritzal
NOES: Board Members: None
ABSENT: Board Members: A. Dunn, L. Dunn, Delgado
ABSTAIN: Board Members: None
F
Se -Lary of the Huntingt Beach Oversight
Board of the Successor Agency of the Former
City of Huntington Beach Redevelopment
Agency Huntington Beach, California
RESOLUTION NO. 2013-03
A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DIRECTING
THE TRANSFER OF OWNERSHIP OF REAL PROPERTY IN ACCORDANCE WITH
HEALTH AND SAFETY CODE SECTION 34181(a) [APN NO. 142-073-03]
WHEREAS, the former Redevelopment Agency of the City of Huntington Beach
("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) ("CRL"); and
The Agency was responsible for the administration of redevelopment activities within the
City; and
Section 33220 of the CRL provides that certain public bodies may aid and cooperate in
the planning, undertaking, construction or operation of redevelopment projects; and
The City and the Agency entered into a number of Cooperation Agreements to continue
the effort to redevelop, revitalize and/or eliminate blight in the City to achieve the purposes and
goals of the CRL, to repay debt to the City and to provide for affordable housing, as appropriate
and as authorized by redevelopment law in effect at the time of approval of said agreements; and
Pursuant to such authority set forth in the CRL and other applicable law, on March 7,
2011, by Resolution No. 2011-17, the City approved and accepted the transfer of certain real
property located in the City of Huntington Beach, California, APN No. 142-073-03
("Governmental Use Property"). The Governmental Use Property is in use as a public skate park
pursuant to that certain Ground Lease and Improvement Agreement between the City of
Huntington Beach and VF Outdoor Inc., a Delaware corporation, doing business as "Vans",
dated as of January 27, 2011 and that certain Ground Lease between the City of Huntington
Beach and VF Outdoor Inc., a Delaware corporation, doing business as "Vans", dated as of
January 27 , 2012 (collectively, the "Governmental Use Lease"); and
Pursuant to Resolution No. 2011-17, the City executed a certificate of acceptance
("Certificate of Acceptance") for the Agency Deed designed to transfer ownership of the
Governmental Use Property from the Agency to the City ("Agency Deed"); and
On or about March 10, 2011, the Agency Deed, along with the Certificate of Acceptance,
was recorded in the official records of the County of Orange; and
Neither the Cooperation Agreements nor the purported transfer of the Governmental Use
Property (or any of the related documents and actions) were challenged within the applicable
statute of limitations; and
12-3499/89310 1
Resolution No. 2013-03
Subsequent to the date of transfer of the Governmental Use Property to the City, the City
entered into the Governmental Use Lease; and
AB xl 26 ("AB 26") was signed by the Governor of California on June 28, 2011, making
certain changes to the CRL and adding Part 1.8 and Part 1.85 to Division 24 of the California
Health and Safety Code; and
AB 26 states, in part, that "[t]he Legislature hereby finds that a transfer of assets by a
redevelopment agency [after January 1, 2011] is deemed not to be in the furtherance of the
[CRL] and is thereby unauthorized;" and
AB 26 further states, in part, that "[c]ommencing [February 1, 2012], ... arrangements
between the city ... that created the redevelopment agency and the redevelopment agency are
invalid...;" and
AB 26 further states, in part, that "[a]ll ... properties [and] buildings ... of the former
redevelopment agency are transferred on [February 1, 20121, to the control of the successor
agency;" and
On or about April 20, 2012, the California State Controller issued correspondence stating,
in part, that "[i]f your city ... received any assets from a redevelopment agency after January 1,
2011, your city ... hereby is ordered to ... reverse the transfer and return'the applicable assets to
the successor agency of the relevant redevelopment agency;" and
Under AB 26, each successor agency shall have an oversight board with. fiduciary
responsibilities to holders of enforceable obligations and the taxing entities that benefit from
distributions of property taxes and other revenues pursuant to California Health and Safety Code
Section 34188; and
The oversight board has been established for Successor Agency to the Redevelopment
Agency of the City of Huntington Beach ("Successor Agency") (which oversight board shall
hereinafter be referred to as the "Oversight Board") and all seven (7) members have been
appointed to the Oversight Board pursuant to California Health and Safety Code Section 34179;
and
AB 1484 ("AB 1484") was signed by the Governor of California on June 27, 2012,
making changes to AB 26 and certain additional changes to the CRL; and
AB 1484, at Section 34179.5(c)(2) of Part 1.85 of the California Health and Safety Code,
categorizes certain assets as those "transferred after January 1, 2011 ... by the redevelopment
agency.... to the city ... that formed the redevelopment agency..." ("Section 34179.5(c)(2)
Assets"); and
12-3499/89310 2
Resolution No. '' 2013-03
AB 1484, at Section 34179.5(c)(1) of Part 1.85 of the California Health and Safety Code,
categorizes certain other assets as those "transferred from the former redevelopment agency to
the successor agency on or about February 1, 2012." ("Section 34179.5(c)(1) Assets"); and
Because (i)AB 26 states that a transfer of assets by a redevelopment agency after January
1, 2011 was "unauthorized", (ii) AB 26 states that commencing February 1, 2012, arrangements
between a redevelopment agency and the city that created it are "invalid" and (iii) the State
Controller has purported to order that ownership of certain assets_ be vested in successor
agencies, the Governmental Use Property is therefore not categorized as Section 34179.5(c)(2)
Assets; and
Because AB 26 states that all properties and buildings of the former redevelopment
agency are transferred on February 1, 2012 to the control of the successor agency, the
Governmental Use Property was therefore categorized as Section 34179.5(c)(1) Assets; and
The City and Successor Agency do not acknowledge that the purported transfer of the
Governmental Use Property by the Agency to the City in 2011 was not in furtherance of the
CRL; and
The City and Successor Agency do not acknowledge the effectiveness of the
Legislature's purported deeming not to be in furtherance of the CRL of the purported transfer of
assets that was conducted in accordance with the CRL at the time when made and was not
challenged within the applicable statute.of limitations; and
The City and Successor Agency do not acknowledge that commencing February 1, 2012,
arrangements between the redevelopment agency and the city that created it are invalid; and
The City and Successor Agency do not acknowledge the effectiveness of the California
State Controller's order to reverse the transfer of the Governmental Use Property and return the
applicable assets to the Successor Agency; and
The City and Successor Agency have limited financial resources and desire not to initiate
litigation at this time with regard to AB 26, AB 1484 and/or the purported order by the California
State Controller that ownership of the Governmental Use Property be vested in the Successor
Agency; and
Therefore, in order to avoid the costs of litigation and other costs,the City and Successor
Agency took action in a manner consistent with AB 26, AB 1484 and the California State
Controller's purported order, and in furtherance of the Successor Agency's duties under Section
34179.6(h)(1) and Section 34179.6(f), by processing documentation reflecting ownership of the
Governmental Use Property by the Successor Agency pursuant to City Resolution No. 2012-70
and Successor Agency Resolution No. 2012-06, without acknowledging the effectiveness of AB
26, AB 1484 and/or such order and duties, expressly disclaiming the same. A Quitclaim Deed
12-3499/89310 3
Resolution No. 2013-03
was recorded on October 17, 2012 whereby the City quitclaimed to the Successor Agency the
City's right,title and interest in the Governmental Use Property; and
California Health and Safety Code Section 34181(a) provides, in pertinent part, that the
Oversight Board shall direct the Successor Agency to transfer ownership to the appropriate
public jurisdiction of all assets and property constructed and used for governmental purposes;
and
The Governmental Use Property was constructed and is used for governmental purposes
and has no monetary value due to its required operation as a public skate park pursuant to the
Governmental Use Lease;
The City is the appropriate public jurisdiction for ownership of the Governmental Use
Property as authorized pursuant to California Health and Safety Code Section 34181(a); and
The Oversight Board desires to direct the Successor Agency to transfer ownership of the
Governmental Use Property to the City as the appropriate public agency; and
Per Section 15301 of the State CEQA Guidelines, the transfer of the Governmental Use
Property is exempt from environmental review under CEQA because the transfer will result in a
continuation of an existing facility involving no expansion of use and is therefore exempt from
environmental review, and any future development for the Governmental Use Property will
require separate environmental review; and
All of the prerequisites with respect to the approval of this Resolution have been met.
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 the
transfer of ownership of the Governmental Use Property and all such oral and written objections
are hereby overruled.
3. The Oversight Board hereby approves of the terms of the Governmental Use
Lease.
4. The Oversight Board hereby finds the City is the appropriate public jurisdiction to
assume ownership of the Governmental Use Property.
5. The Oversight Board hereby approves of and directs the Successor Agency to
12-3499/89310 4
Resolution No. 2013-03
transfer ownership of the Governmental Use Property to the City as the appropriate public
agency(including the retention of the Governmental Use Lease).
6. The Oversight Board hereby acknowledges and agrees that the Governmental Use
Lease constitutes the existence of an enforceable obligation pursuant to Part 1.8 and Part 1.85 of
Division 24 of the Health and Safety Code for the purposes of, without limitation, the disposition
of assets previously owned by the Agency.
7. The Oversight Board hereby authorizes and directs the Executive Director of the
Successor Agency, or his or her designee, and the City Manager, or his or her designee, to take
all actions and sign any and all documents necessary to implement and effectuate the actions
approved by this Resolution including, without limitation, approving amendments to the
Governmental Use Lease as determined necessary by the Executive Director of the Successor
Agency, or his or her designee, and the City Manager, or his or her designee, executing
documents on behalf of the Successor Agency and City (including, without limitation,
assignment and assumption agreements, grant deeds and quitclaim deeds), and administering the
Successor Agency's and City's obligations, responsibilities and duties to be performed pursuant
to this Resolution and the Governmental Use Lease.
8. The Oversight Board does not intend, by adoption of this Resolution, to waive
any constitutional, legal and/or equitable rights of the Oversight Board, the Successor Agency or
the City 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
Oversight Board, the Successor Agency and the City under law and/or in equity.
PASSED AND ADOPTED by the Oversight Board of the Successor Agency to the
Redevelopment Age y of the City of Huntington Beach at a regular meeting thereof held on the
—�� day of , 20/j
Chairman
REVI AND APPROVED: 1NI , TE APPROVED:
Exe ufi e Director Deputy Executive Director
f
APPROVED AS TO FORM.
M�j � L&
r Agency Counsel
12-3499/89310 5
Res. No. 2013-03
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 January 8,2013 and that it was so adopted
by the following vote:
AYES: Board Members: Boardman, Carchio, Bone, Fritzal
NOES: Board Members: None
ABSENT: Board Members: A. Dunn, L. Dunn, Delgado
ABSTAIN: Board Members: None
Secr ��ary of the Huntingto Beach Oversight
Board of the Successor Agency of the Former
City of Huntington Beach Redevelopment
Agency Huntington Beach, California
RESOLUTION NO. 2013-04
A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING A
PURCHASE AND SALE AGREEMENT AND DIRECTING THE TRANSFER OF
OWNERSHIP OF REAL PROPERTY IN ACCORDANCE WITH HEALTH AND SAFETY
CODE SECTION 34181(a) [APN NOs. 142-081-06, 142-081-09, 142-081-10, 142-081-11, 142-
081-12, and 142-081-281
WHEREAS, the former Redevelopment Agency of the City of Huntington Beach
("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) ("CRL"); and
The Agency was responsible for the administration of redevelopment activities within the
City; and
Section 33220 of the CRL provides that certain public bodies may aid and cooperate in
the planning, undertaking, construction or operation of redevelopment projects; and
The City and the Agency entered into a number of Cooperation Agreements to continue
the effort to redevelop, revitalize and/or eliminate blight in the City to achieve the purposes and
goals of the CRL, to repay debt to the City and to provide for affordable housing, as appropriate
and as authorized by redevelopment law in effect at the time of approval of said agreements; and
Pursuant to such authority set forth in the CRL and other applicable law, on March 7,
2011, by Resolution No. 2011-17, the City approved and accepted the transfer of certain real
property located in the City of Huntington Beach, California, APN Nos. 142-081-06, 142-081-
09, 142-081-10, 142-081-11, 142-081-12, and 142-081-28 (collectively, the "Agency Property");
and
Pursuant to Resolution No. 2011-17, the City executed certificates of acceptance
(collectively, the "Certificates of Acceptance") for the Agency Deeds designed to transfer
ownership of the Agency Property from the Agency to the City (collectively the "Agency
Deeds"); and
On or about March 10, 2011, the Agency Deeds, along with the Certificates of
Acceptance, were recorded in the official records of the County of Orange; and
Neither the Cooperation Agreements nor the purported transfer of the Agency Property
(or any of the related documents and actions) were challenged within the applicable statute of
limitations; and
12-3499/89311 1
Resolution No. 2013-04
AB xl 26 ("AB 26") was signed by the Governor of California on June 28, 2011, making
certain changes to the CRL and adding Part 1.8 and Part 1.85 to Division 24 of the California
Health and Safety Code; and
AB 26 states, in part, that "[t]he Legislature hereby finds that a transfer of assets by a
redevelopment agency [after January 1, 2011] is deemed not to be in the furtherance of the
[CRL] and is thereby unauthorized;" and
AB 26 further states, in part, that "[c]ommencing [February 1, 2012], ... arrangements
between the city ... that created the redevelopment agency and the redevelopment agency are
invalid...;" and
AB 26 further states, in part, that "[a]ll ... properties [and] buildings ... of the former
redevelopment agency are transferred on [February 1, 2012], to the control of the successor
agency;" and
Subsequent to the date of transfer of the Agency Property. to the City, the City and
Campbell Lodging, Inc. entered into that certain Purchase Agreement and Joint Escrow
Instructions dated January 27, 2012, as amended by that Amendment to Purchase Agreement and
Joint Escrow Instructions dated January 31, 2012 and that Second Amendment to Purchase
Agreement and Joint Escrow Instructions dated June 25, 2012 (collectively, the "Purchase
Agreement") relating to the sale of the Agency Property and the development thereon of a high-
quality, first-class, four story, 120-140 room Hyatt Place Hotel or other brand hotel ("Project")
pursuant to the terms and conditions contained in the Purchase Agreement. Campbell Lodging,
Inc. assigned it's rights as `Buyer" under the Purchase Agreement to Campbell Lodging
International, LLC but retained the.obligation to be the developer of the hotel; and
The disposition of the Agency Property pursuant to the Purchase Agreement is aimed at
maximizing value in that the purchase price for the Agency Property pursuant to the Purchase
Agreement is within the fair market value range of the Agency Property as determined by an
appraisal of the Agency Property dated January 9, 2012 prepared by Nagasaki &Associates; and
On or about April 20, 2012, the California State Controller issued correspondence stating,
in part, that "[i]f your city ... received any assets from a redevelopment agency after January 1,
2011, your city ... hereby is ordered to ... reverse the transfer and return the applicable assets to
the successor agency of the relevant redevelopment agency;" and
Under AB 26, each successor agency shall have an oversight board with fiduciary
responsibilities to holders of enforceable obligations and the taxing entities that benefit from
distributions of property taxes and other revenues pursuant to California Health and Safety Code
Section 34188; and
12-3499/89311 2
Resolution No. 2013-04
The oversight board has been established for Successor Agency to the Redevelopment
Agency of the City of Huntington Beach ("Successor Agency") (which oversight board shall
hereinafter be referred to as the "Oversight Board") and all seven (7) members have been
appointed to the Oversight Board pursuant to California Health and Safety Code Section 34179;
and
AB 1484 ("AB 1484") was signed by the Governor of California on June 27, 2012,
making changes to AB 26 and certain additional changes to the CRL; and
AB 1484, at Section 34179.5(c)(2) of Part 1.85 of the California Health and Safety Code,
categorizes certain assets as those "transferred after January 1, 2011 ... by the redevelopment
agency ... to the city ... that formed the redevelopment agency..." ("Section 34179.5(c)(2)
Assets"); and
AB 1484, at Section 34179.5(c)(1) of Part 1.85 of the California Health and Safety Code,
categorizes certain other assets as those "transferred from the former redevelopment agency to
the successor agency on or about February 1, 2012." ("Section 34179.5(c)(1)Assets"); and
Because (1) AB 26 states that a transfer of assets by a redevelopment agency after January
1, 2011 was "unauthorized", (ii) AB 26 states that commencing February 1, 2012, arrangements
between a redevelopment agency and the city that created it are "invalid" and (ill) the State
Controller has purported to order that ownership of certain assets be vested in successor
agencies, the Agency Property is therefore not categorized as Section 34179.5(c)(2) Assets; and
Because AB 26 states that all properties and buildings of the former redevelopment
agency are transferred on February 1, 2012 to the control of the successor agency, the Agency
Property was therefore categorized as Section 34179.5(c)(1) Assets; and
The City and Successor Agency do not acknowledge that the purported transfer of the
Agency Property by the Agency to the City in 2011 was not in furtherance of the CRL; and
The City and Successor Agency do not acknowledge the effectiveness of the
Legislature's purported deeming not to be in furtherance of the CRL of the purported transfer of
assets that was conducted in accordance with the CRL at the time when made and was not
challenged within the applicable statute of limitations; and
The City and Successor Agency do not acknowledge that commencing February 1, 2012,
arrangements between the redevelopment agency and the city that created it are invalid; and
The City and Successor Agency do not acknowledge the effectiveness of the California
State Controller's order to reverse the transfer of the Agency Property and return the applicable
assets to the Successor Agency; and
12-3499/89311 3
Resolution No. 2013-04
The City and Successor Agency have limited financial resources and desire not to initiate
litigation at this time with regard to AB 26, AB 1484 and/or the purported order by the California
State Controller that ownership of the Agency Property be vested in the Successor Agency; and
Therefore, in order to avoid the costs of litigation and other costs, the City and Successor
Agency took action in a manner consistent with AB 26, AB 1484 and the California State
Controller's purported order, and in furtherance of the Successor Agency's duties under Section
34179.6(h)(1) and Section 34179.6(f), by processing documentation reflecting ownership of the
Agency Property by the Successor Agency pursuant to City Resolution No. 2012-71 and
Successor Agency Resolution No. 2012-07, without acknowledging the effectiveness of AB 26,
AB 1484 and/or such order and duties, expressly disclaiming the same. Quitclaim Deeds were
recorded on October 17, 2012 whereby the City quitclaimed to the Successor Agency the City's
right, title and interest in the Agency Property; and
Per Section 15301 of the State CEQA Guidelines, the transfer of the Agency Property is
exempt from environmental review under CEQA because the transfer will result in a
continuation of an existing facility involving no expansion of use and is therefore exempt from
environmental review, and any future development for the Agency Property will require separate
environmental review; and
All of the prerequisites with respect to the approval of this Resolution have been met.
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 hereby approves of the terms of the Purchase Agreement.
3. The Oversight Board hereby approves of and directs the sale and conveyance of
the Agency Property from the City or Successor Agency to Campbell Lodging International,
LLC in accordance with the terms and conditions set forth in the Purchase Agreement, for the
purpose of Campbell Lodging, Inc. developing the Project.
4. The Oversight Board hereby approves of the transfer to the Successor Agency of
the purchase price received from the sale of the Agency Property for distribution to the taxing
agencies in accordance with AB 26/AB 1484. Specifically, the Oversight Board hereby
approves of the transfer of all of the net proceeds received from the sale of the Agency Property
to the Orange County Auditor-Controller and the distribution of such proceeds to the taxing
entities pursuant to Health and Safety Code Sections 34177(e).
12-3499/89311 4
Resolution No. . 2013-04
5. The Oversight Board hereby acknowledges and agrees that the Purchase
Agreement constitutes the existence of an enforceable obligation pursuant to Part 1.8 and Part
1.85 of Division 24 of the Health and Safety Code for the purposes of, without limitation, the
disposition of assets previously owned by the Agency.
6. The Oversight Board hereby authorizes and directs the Executive Director of the
Successor Agency, or his or her designee, and the City Manager, or his or her designee, to take
all actions and sign any and all documents necessary to implement and effectuate the Purchase
Agreement and the actions approved by this Resolution (including, without limitation, approving
extensions of deadlines or dates set forth in the Purchase Agreement and its attachments) as
determined necessary by the City Manager or Executive Director, or his or her designee,
approving amendments to the Purchase Agreement and its attachments as determined necessary
by the City Manager or Executive Director, or his or her designee, to effectuate the Purchase
Agreement, executing documents on behalf of the Successor Agency and City (including,
without limitation, assignment and assumption agreements, grant deeds and quitclaim deeds),
and administering the Successor Agency's and City's obligations, responsibilities.and duties to
be performed pursuant to this Resolution and the Purchase Agreement.
7. The Oversight Board does not intend, by adoption of this Resolution,to waive
any constitutional, legal and/or equitable rights of the Oversight Board, the Successor Agency or
the City 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
Oversight Board, the Successor Agency and the City under law and/or in equity.
PASSED AND ADOPTED by the Oversight Board of the Successor Agency to the
Redevel ment Agency of the City of Huntington Beach at a regular meeting thereof held on the
5<� ay of , 20Z
Chairman
REVI ED ND APPROVED: ;7-1) TED A APPROVED:
I
E Director Deputy Executi�e Director
APPROVED AS TO FORM:
:S�,Agency Counsel/
12-3499/89311 5
Res. No. 2013-04
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 January 8, 2013 and that it was so adopted
by the following vote:
AYES: Board Members: Boardman, Carchio, Bone, Fritzal
NOES: Board Members: None
ABSENT: Board Members: A. Dunn, L. Dunn, Delgado
ABSTAIN: Board Members: None
a
k s
h
Se tary of the Hunting#Beach Oversight
Board of the Successor Agency of the Former
City of Huntington Beach Redevelopment
Agency Huntington Beach, California
Printed by:0602 Patricia Gamino Dec 24,2012,8:43 am
bdV' Salesperson:
Phone: Ad.#35327509
Accvuntinib tf4rt AcifnforFnativn _. ___
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g x ' Huntington Beac,CA 92648 rAate coda &Legal Huntington Beach r Ad type Liner f
T cen by:0602 Patricia Gamino
+ AcCf , C000070479 Glas& 13000-Legal Notices Y M Gross price �$116-00
,v FUbs TCN HBt fJetprice $ 116,00
` CIfEIn1 {~City Of Huntington Beach-Clerk's O t.DE1E $116.Q0
1?IaCsd Joan Flynn -,Note Amount Xj6 JS srt*f to k
FEI�c#ti (714)374-1557 c),anpe due,lp discau mlxcatia
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Ad copy:,
LEGAL NOTICE
PUBLIC MEETING
ACTIONS BY THE
OVERSIGHT BOARD OF
THE SUCCESSOR
AGENCY TO THE RE-
DEVELOPMENT AGENCY
OF THE CITY OF HUN-
TINGTON BEACH .RE-
LATING TO THE
TRANSFER OF OWN-
ERSHIP/SALE AND
CONVEYANCE OF REAL
PROPERTY IN THE CITY
OF HUNTINGTON
BEACH
NOTICE IS HEREBY
GIVEN that the Over-
sight Board of the
Successor Agency to the
Redevelopment Agency
of the City of Huntington
Beach ("Oversight
Board") will hold a
public meeting on
Tuesday, January 8,
2013, at 5:30 p.m. or
soon thereafter, at
Huntington Beach Civic
Center, 2000 Main
Street, City Hall Room
B-8, City of Huntington
Beach, California. The
public meeting is being
conducted in accordance
with California Health
and Safety Code Sec-
tions 34181(a) and
34181(f). The public
meeting may be con-
tinued from time to time
until completed. The
public meeting may also
be cancelled or set for
another time in the
future at any time until
the scheduled meeting
time.
The purpose of this
public meeting is to
discuss and consider all
of the following items:
• The transfer of own-
ership of certain real
property located in the
City of Huntington
Beach, California, APN
No. 024-147-01
("Governmental Use
__... ,Proper.ty_.�to_._.1"i-.#cnm..._...__ ...._.._.. . .... ...._ ._. ._... .. ...... ._. ........ .. .. .....,....-..._............
the Successor Agency to
--- ad proof pg.1 ---
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, ) PROOF OF PUBLICATION
ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above entitled matter.I am the principal clerk Proof of Publication of
of The Orange County Register, a newspaper PUBLIC NOTICEE G
,
ACTIONS BY THE OVERSIGHT_BOARD'
of general circulation, published in the City of SUCCESSOR AGENCY TO THEz'REDEVEL`QPMEMT}
AGENCY OF THE CITY OF HUNTING1bN'BEACX<
Santa Ana, County Of Orange, and Which news- OWNERSHIP/SALE ANDHCONVEY�ANCE OF REAL
PROPERTY IN THE CITY OF HUNTINGTON BEACH.,
paper has been adjudged to be a newspaper of NOTICE IS HEREBY GIVEN that the Oversight"Board'of
the Successor Agency to the.Redevelopment Agency of the.
general Circulation b the Superior Court of the iCityy of Huntington Beach ("Oversight Board")will hold a
Y p ,public meeting on Tuesday,January 8,2013,at 5:30,p.m.or
,soon thereafter, at Huntington Beach Civic Center-, 2000
County of Orange, State of California Under the Main Street,City Hall.Room B-8,City,of Huntington Beach,,
Y g > California. The ublic'meeting is'being conducted in ac-
cordance with California Health and Safety Code Sections
date of November 19, 1905 Case No. A-ZIO46 34181(a)and 34181(f). The public meeting ma be'contin-
> , sued from time to time until completed. The public meeting.
may also be cancelled or set for another time in the future
that the notice, of which the annexed is a true at any time until the scheduled meeting time.
;The purpose of this public meeting is to discuss and con
Sider co has been published in each re Ular Sider all of the following items:
P copy, Ii g The transfer of ownership of certain real property locat-
ed in'the City of Huntington Beach,California,APPN No.
and entire issue Of Said news a er and not m an 024-147-01("Governmental Use Property No.1"-)`from the
Ii Ii Y Successor Agency to the Redevelopment Agency•of"the
City of Huntington Beach ("Successor Agency to the
supplement thereof On the following dates to City of Huntington Beach. Governmental Use.'Property
No.1 is in use as a surf museum;
*The transfer of ownership of certain real property local
Wit: ad in the City of Huntington Beach,California,APN cat
024-153-21("Governmental Use Property No.2")from the
Successor Agency to the.City of Huntington Beach. Gov-
December 27 2012 ernmental Use Property No:2 is an,undevelopable rem-
nant'parcelIn use as a paved walkway(alley)from Main
St.to 5th St.; ; - ' .
*The transfer of ownership of bertain real property locat-
//or declare under the penalty Of ed the City of Huntington Beach California,APPN,No. i
"I certify l ) Ii Y I 142-073-03 (Governmental Property No 3") from;the
,Successor Agency to the City of Huntington Beach:"'Gov-
perjury under the laws of the State of California `' .:park;a tal Use Property No.3 is in use as a public skate
,park;and , - ;
The sale and conveyance of certain real properttyty local
that the foregoing is true and Correct ad in the City of Huntington Beach,California,AP Nos
g g 142-081-06,142 081-09,142-081-10,142 0e1-11,142-08112
..and 142-061-28(collectively Agency Property)from ei;i
Executed at Santa Ana Oran e COUnt ther the City of Huntington Beach or the Successor Agen
g Y cy to Campbell Lodging International,LLQ pursuant to an
California,On existing Purchase and,Sale Agreement:.>',The'A ency 4
Property is currently in use as a Big O Tires site,but is
Proposed to be developed as a high-quality,first-class,
four story,Hyatt Place Hotel or other brand hotel.-
Date: December 27,2012 Any and all persons who wish to speak on any issue related
to any of the items to be discussed at the public meeting
as listed above may appear at the public meeting and will
be afforded an opportunity to speak. -
Further information regarding the items to be discussedat
the public meeting as listed,above"or this public meeting,
ma yy be obtained by contacting Kellee,Fritzal,at(714).374-,;
Publication Date:December 27,2012
Orange County Register - R-2028 i>•95555W
tur
The Orange Co ty Regist
625 N.Gr d Ave.
Santa Ana, A 92701
(714)79 -2209
PROOFOF
PUBLICATION
STATE OF CALIFORNIA) of the City of Hunting- Any and all persons
sso ton Beach ("Successor who wish to speak on
LEGAL NOTICE Agency") to the City of any, issue, related to
COUNT�/ ® �p PUBLIC MEETING Huntington Beach.Gov- any of the items to be
Y OF ORANGE ACTIONS BY THE ernmental Use Property discussed at the public
OVERSIGHT BOARD No. 1 is in use as,a meeting as listed above
� surf museum; may appear at•the putt-'
OF THE SUCCESSOR ..
I The transfer of own- lic.meeting and will be
AGENCY TO THE REDE- ership of certain real afforded an ,opportu-
am a CItIZen Of the United States and a VELOPMENT AGENCY property located in the nity'tospeak.
OF THE,CITY OF HUN- City of Huntington further information re-
resident Of the County Of Los Angeles I TINGTON BEACH RE- Beach, California, APN garding the items to be !
L'A T 1 G TO THE No. 024-153-21 '("Gov- discussed at the public
am over the age of eighteen years and T R A N S F,E R, O F ernmental Use Property meeting as listed above
:OWNERSHIP/SALE No. 2") from the Suc- or this public meeting
not a art to or interested in the notice AND CONVEYANCE OF cessor Agency,to the may be obtained by
party .REAL PROPERTY IN City of Huntington contacting Kellee
published. I am aprincipal clerk Of the THE CITY. OF HUN- Beach. Governmental Fritzal; at (714) 374-
TINGTON BEACH Use.Property' No 2 is 1519.
NOTICE. IS HEREBY an undevelopable rem. Published H.B. Indepen-
HUNTINGTON BEACH GIVEN that the, Over- nant parcel in use as a dent12/27/12
sight Board of the Suc- y. (alley),..
INDEPENDENT,-which was adjudged- g paved Main
S y)
� g cessor Agency to the from Main St, to 5th
Redevelopment Agency St.;
newspaper of general circulation on of the City of Hunting-
September 29 1961 case A6214 and (!'Oversight • The transfer of own-
,ton:Beach �("Oversight ership .of certain real
p , , Board") will hold a property located in the
June 11, 1963, case A24831, for the 'Tueslda ,mJanuarr eeting 8 City of lHuntington
y Y Beach; California,"APN
f2013, at 5:30 p.m. or No. 142-073-03 ("Gov-
City Of Huntington Beach, County Of soon thereafter; at ernmental Property No.
Huntington Beach Civic 3")from the Successor
Orange, and the State of California. center; 2000 Main Agency to the city of
i Street, City Hall'Room .Huntington Beach.Gov-
Attached to this Affidavit is a true and B-8, City of Huntington ernmental Use Property
Beach, California. The No. 3 is in use as a
complete copy as was printed and � g g public skate park;and
p py p public-meetin is being
conducted in accor- o The sale and convey-,
published on the following date(s): ,dance with California ance .of certain real'
Health and Safety Code property located in the
,p Sections 34181(a) and City of "Huntington
Thursiday9 December9
27 2012
12 34181(f). The public Beach, California, APN
meeting may be contin- Nos. 142-081-06, 142-
ued from time to time' 081-09, ' 142-081-10,
iuntil .completed. The 142-081-11, 142-081-
public meeting,may al-',12, and 142-081-28
so be cancelled or set" (collectively; "Agency
,for another time'in the Property") from,either
certify (or declare) under penalty ifuture at any time until the.City of Huntington
'the scheduled meeting Beach or the Successor
of perjury that the foregoing is true time. Agency to Campbell
The purpose of this Lodging International;
Public "meeting .is to LLC pursuant to an,
and correct. discuss and consider existing Purchase and
fall of the following Sale Agreement.. The
�items: IAgency.Property,is cur-
® The transfer of.o_wn- rently in use as a Big
ership of certain real 0 Tires; site, but is
(property located in the proposed.to be devel-
Executed on January 9 2013 City of Huntington fired as a hi story,
, Beach, California, APN .first-class, fourour story,
No. 024-147-01 ("Gov- Hyatt Place Hotel or
at Los Angeles, California l,ernmental Use Property other brand hotel.
No. 1") from the Suc-
cessor Agency to.the
Redevelopment Agency
Lid Lt.1
Signature