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HomeMy WebLinkAboutAdopt Resolution No. 06, authorizing the Housing Authority C 04A,6� mlf4-&u-t e©vE :7-v City of Huntington Beach i File #: 20-1560 MEETING DATE: 4/6/2020 REQUEST FOR HOUSING AUTHORITY ACTION SUBMITTED TO: Honorable Chair and Commissioners SUBMITTED BY: Oliver Chi, Executive Officer PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Adopt Resolution No. 06, authorizing the Housing Authority Clerk to accept deeds on behalf of the Huntington Beach Housing Authority Statement of Issue: It is requested that the Board of Commissioners of the Huntington Beach Housing Authority adopt Resolution No. 06, authorizing the Housing Authority Clerk or his/her designee to accept deeds and grants of real property on behalf of the Housing Authority. Financial Impact: There is no fiscal impact to the General Fund. Recommended Action: Adopt Resolution No. 06, "A Resolution of the Board of Commissioners of the Huntington Beach Housing Authority designating the Clerk to accept Deed and Real Property Interests on behalf of the Housing Authority." Alternative Action(s): Do not approve the resolution, and direct staff accordingly. Analysis: CA Government Code Section 27281 stipulates that deeds and grants conveying any interest in real property, or an easement over real property, to a public agency for public purposes cannot be recorded by the County Recorder's Office without a certificate or resolution of acceptance. In 1972, the City Council adopted Resolution No. 3537, authorizing the City Clerk to accept and consent to deeds and grants of real property to the City, in accordance with said Section. In 2011, the City Council adopted Resolution No. 2011-18, establishing the Huntington Beach Housing Authority as a separate public entity. Recently, the Board of Commissioners approved the acquisition of real property at 17631 Cameron City of Huntington Beach Page 1 of 2 Printed on 4/3/2020 powerefti�LegistarTM File #: 20-1560 MEETING DATE: 4/6/2020 Lane and an option to acquire the neighboring property at 17642 Beach Boulevard. The Cameron Lane acquisition will require a formal acceptance of the grant deed at the close of escrow. The proposed Resolution will authorize the Authority Clerk to accept the grant deed on behalf of the Housing Authority and set protocols that comply with Government Code Section 27281. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Resolution No. 06, "A Resolution of the Board of Commissioners of the Huntington Beach Housing Authority designating the Clerk to accept Deed and Real Property Interests on behalf of the Housing Authority" City of Huntington Beach Page 2 of 2 Printed on 4/3/2020 powerE35A,LegistarT11 RESOLUTION NO. 6 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE HUNTINGTON BEACH HOUSING AUTHORITY DESIGNATING THE CLERK TO ACCEPT DEEDS AND REAL PROPERTY INTERESTS ON BEHALF OF THE HOUSING AUTHORITY WHEREAS, the Huntington Beach City Council adopted Resolution No. 2011-18, establishing the Huntington Beach Housing Authority (the "Authority"), a public body, corporate and politic, to transact business and exercise its powers in accordance with California Health and Safety Code Sections 34200- 34380, the Housing Authorities Law; and The Authority may purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise, any real property or personal property or any interest in property pursuant to Health and Safety Code Section 34315; and California Government Code ("Code") Section 27281 provides that deeds or grants conveying any interest in or easement upon real property to a political corporation or governmental agency for public purposes shall not be accepted for recordation without a consent of the grantee (public agency) evidenced by its certificate or resolution of acceptance attached or printed on the deed or grant; and Code Section 27281 further provides that a political corporation or governmental agency, by general resolution, may authorize one or more officers and agents to accept and consent to such deeds or grants; and The Board of Commissioners of the Authority desire to authorize the Clerk of the Authority, and his/her designee to accept and consent to such deeds or grants. NOW, THEREFORE the Board of Commissioners of the Huntington Beach Housing Authority hereby resolves as follows: 1. The Clerk of the Huntington Beach Housing Authority and his/her designee is hereby authorized to accept and consent to deeds and grants of real property to the Authority for public purposes. 2. The Certificate of Acceptance shall be in substantially the following form: DEED CERTIFICATE OF ACCEPTANCE—HUNTINGTON BEACH HOUSING AUTHORITY This is to certify that the interest in real property conveyed by deed or grant deed dated from to the Huntington Beach Housing Authority, a public body, corporate and politic, is hereby accepted by undersigned officer or agent on behalf of the Huntington Beach Housing Authority, pursuant to the authority conferred by Resolution No. 20-8591/228083 1 Resolution No. 6 06 of the Huntington Beach Housing Authority adopted on April 6 , 2020, and the grantee consents to the recordation thereof by its duly authorized officer. HUNTINGTON BEACH HOUSING AUTHORITY BY: Clerk Dated: April 6, 2020 PASSED AND ADOPTED by the Board of Commissioners of the Huntington Beach Housing Authority at the regular meeting thereof held on the 6th day of April , 2020. Chairperson r7D A �PPROVED: APPROVED AS TO FORM: City Manager q-0 Crty Attorney JW INITIATED AND APPROVED: vtlo &=— Community Development Director 20-8591/228083 2 Housing Authority Res. No. 06 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, Housing Authority Clerk of the Huntington Beach Housing Authority DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Huntington Beach Housing Authority at a Special meeting of said Housing Authority held on April 6, 2020, and that it was so adopted by the following vote: AYES: Posey, Delgeize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None ABSTAIN: None Clerk of the Huntington Beach Housing Authority City of Huntington Beach, California