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HomeMy WebLinkAboutSuccessor Agency Resolution 2013-05 - A Resolution of the Su Dept. ID ED 13-41 Page 1 of 2 Meeting Date: 11/1812013 CITY OF HUNTINGTON BEACH REQUEST FOR. SUCCESSOR AGENCY ACTION MEETING DATE: 11/18/2013 SUBMITTED TO: Honorable Chair and Board Members SUBMITTED BY: Fred A. Wilson, Executive Director PREPARED BY: Fred A. Wilson, Executive Director SUBJECT: Adopt Successor Agency Resolution 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 action in connection therewith Statement of Issue: The Successor Agency is requested to adopt the attached Resolution regarding rules and regulations that apply to the governance and operations of the Successor Agency. The adoption of the Resolution is in furtherance of Resolution No. 2012-01 adopted on January 9, 2012, electing for the City to serve as the successor agency to the former Redevelopment Agency due to the dissolution of Redevelopment. Financial Impact: Not Applicable. Recommended Action: Adopt 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 Action in Connection Therewith." Alternative Action(s): Do not adopt the Resolution and provide direction to staff. Analysis: Pursuant to Assembly Bill 1x 26, all Redevelopment Agencies were dissolved on February 1, 2012. Prior to the City's Redevelopment Agency being dissolved, on January 9, 2012, the City Council of Huntington Beach elected to become the Successor Agency to the former Redevelopment Agency. Pursuant to AB 1x 26, the Successor Agency oversees the "winding" down of all former redevelopment activities. In addition to AB 1x 26, AB 1484 made changes to the role of successor agencies and how they function. In review of Resolution 2012-01 and based on the new legislation, it is necessary to create a new Resolution providing clarification on the governance of the Successor Agency, including indemnification and liability and designating the City Manager as the Executive Director, the City Attorney as Agency Counsel and the City Clerk as the Agency Secretary. As part of the winding down of the former redevelopment activities, the Successor Agency will be requested to amend Agreements or close escrows on previous redevelopment projects, such as the Residence at Bella Terra. The revised Resolution will assist in the future activities to wind down the former redevelopment activities. Environmental Status: Not Applicable xB -1 g3_ Item 9. - I Dept. ID ED 13-41 Page 2 of 2 Meeting Date: 11/18/2013 Strategic Plan Goal: Improve long-term financial sustainability Attachment(s): 1) 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 Action in Connection Therewith." Item 9. - 2 HB -184- 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 xl 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 13-4008/103087 1 Successor Agency Reso. #2013-05 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. 13-4008/103087 2 Successor Agency Reso. #2013-05 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. Liabili . 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 13-4008/103087 3 Successor Agency Reso #2013-05 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: F ExAGI Director ty Executive Director APPROVED AS TO FORM: gency Co sel 6W 13-4008/103087 4 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 ency to the Redevelopment Agency of the City of Huntington Beach, California