Loading...
HomeMy WebLinkAboutCC ORD 2022-2501 Amending Municipal Code Chapter 2.64 - Relating to the Housing AuthorityORDINANCE NO. 222 - 2501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING CHAPTER . 4 OF TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE CITY ATTORNEY SUMMARY Y This Ordinance amends Chapter Z64 of Title 2 of the National City Municipal Code relating to the Community Development Commission -Housing Authority of the City of National City WHEREAS, in 1974, the State Legislature enacted Health and Safety Code section 3 100 et seq., permitting cities to create Community Development Commissions for purposes of operating and governing their redevelopment agencies, or their redevelopment agencies and their housing authorities, under a single operating entity and board, as well as to exercise "any other powers regarding community development which the legislative body of a community may desire to delegate to the commission subject to such conditions as may be imposed by the legislative body;" and WHEREAS, AS, in 1975, the City of National City ("City") approved and adopted Ordinance No. 1484, which established the Community Development Commission "CDC' and Housing Authority and is codified in National City Municipal Code Chapter 2.; and WHEREAS, f E.AS, pursuant to Ordinance No. 1484, the CDC operated both the Redevelopment Agency ("RDA") and the Housing Authority functions as a single entity in accordance with Health and Safety Code section 3 100 et seq.; and WHEREAS, on June 28, 2011, the Governor signed Assembly Bill No. ABx1 26 " B 1 26"), which legislatively eliminated redevelopment agencies; and WHEREAS, AS, Health and Safety Code section 34172, subdivision a 1 a provision enacted by ABx1 26—dissolves "[a]li redevelopment agencies and redevelopment agency components of community development commissions," but also expressly provides that "[Nothing in this part dissolves or otherwise affects the authority of a community redevelopment commission, other than in its authority to act as a redevelopment agency, in its capacity as a housing authority or for any other community development purpose of the jurisdiction in which it operates;" and WHEREAS, while the RDA was dissolved as required under ABx1 26, as permitted under Health and Safety Code section 34172, subdivision (a)(1), the Housing Authority has continued to exist and the CDC has continued to have authority to carry out Housing Authority functions and other community improvement activities not prohibited by ABx1 26; and WHEREAS, the City Council has designated the Community Development Commission - Housing Authority of the City of National City ("CDC -HA") to serve as the "Successor Housing Entity" for all housing assets of the former RDA; and WHEREAS, AS, as the Successor Housing Entity of the dissolved RDA, the CDC -HA was Ordinance 2022 — 2501 Adopted 5-3-2022 60161.00017\ 970916. designated as the entity responsible for performing the housing functions previously performed by the dissolved RDA (and the CDC acting in its capacity as the RDA), as well as the entity to receive the transfer of, without limitation, all of the housing assets, rights, powers, duties, obligations, liabilities and functions previously performed by the RDA (and the CDC acting in its capacity as the RDA); and WHEREAS, the City Council has also designated the City to act as the "Successor Agency" ("SA") to the dissolved RDA; and WHEREAS, upon the dissolution of the RDA on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings and equipment of the dissolved RDA were transferred by operation of law to the control of the SA and all authority, rights, powers, duties, and obligations previously vested in the RDA were vested in the SA, for administration pursuant to ABx1 26; and WHEREAS, ABx1 26 required the SA to officially transfer the housing assets of the SA to the CDC -HA as the Successor Housing Entity under ABx1 26 by submitting a Housing Asset Transfer Form listing all housing assets for approval by the Oversight Board and State of California Department of Finance; and WHEREAS, due to the above -recited changes in state law that occurred subsequent to the adoption of Ordinance No. 1484, there is a need to clarify the ownership of parcels owned by the CDC prior to those changes in state law, including, but not limited to, (1) the Morgan Senior Tower (which includes the George H. Waters Nutrition Center ["Nutrition Centel-1), the Kimball Senior Tower, and 3 the Kimball Senior Center ("the Parcels"), which were not listed on the Housing Asset Transfer Form for various reasons; and WHEREAS, each of the Parcels was acquired by the City through the CDC with non -RDA funds and are held in the name of the CDC in its capacity other than as the RDA; and WHEREAS, REAS, this Ordinance is intended to officially ially designate the CDC -HA as the successor entity of the CDC for all purposes, in part to clarify the ownership of the Parcels by the CDC -HA NOW, , THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California, does ordain as follows: SECTION I. The foregoing recitals are true and correct. SECTION 2. Based on the findings above, in addition to information provided to the City Council at the Public Meeting, the City Council hereby amends and restates Chapter 2.64 of Title 2 of the National City Municipal Code to read in its entirety as set forth in Exhibit "►" to this Ordinance, which is attached hereto and incorporated herein by this reference. SECTION . Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the Ordinance 2022 — 2501 Adopted 5-3-2022 60161.00017\34970916.4 remaining portions of this Ordinance or any part thereof. The City Council of the City of National City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. No rviandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within theCity or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION . SECTION 6. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Effective Date. This ordinance shall be published pursuant to law and shall become effective thirty (30) days from the date of passage and adoption. Within fifteen 1 days following its adoption, the City Clerk shall publish the title thereof, as a summary as required by State Law. INTRODUCED by the City Council on April 19, 2022. PASSED and ADOPTED this 3rd day of May, 2022. f/ ATTEST: APPROVED AS TO FORM: Charles E. Bell Jr., C Ordinance 2022 — 2501 Adopted 5-3-2022 orney Alejandro Sotelo-Solis, Mayor 60161.00017\349709 l 6.4 Passed and adopted by the Council of the City of National City, California, on May 3, 2022 by the following vote, to -wit: Ayes: otelo-Solis, Bush, Morrison, Rios, Rodriguez Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: Alejandra Sotelo-Solis Mayor of the City of National City, California Luz Molina City Clerk of the City of National City, California C1) DepCity Clerk I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on April 19, 2022 and on May 3, 2022. I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or that the reading of said Ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said Ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2022-2501 of the City Council of the City of National City, passed and adopted by the Council of said City on May 3, 2022. By: City Cerk of the 4)i NationaNiCity, Cnia puty City C erk Ordinance 2022 — 2501 Adopted 5-3-2022 60161.00017\34970916A EXHIBIT A [Attached] 4 Attachment Na. 3 Chapter 2.64 - COMMUNITY DEVELOPMENT OI IISSION- OUSI G AUTHORITY OF THE CITY OF NATIONAL CITY 2.64.010 Community Development Commission. The Housing Authority and Community Development Commission were established in 1975. The Community Development Commission included the Redevelopment Agency, the Housing Authority established pursuant to Housing Authority Law (California Government Code Section 34000 et. seq.), and general City matters. Following the dissolution of the Redevelopment Agency, the Community Development Commission is known as the Community Development Commission — Housing Authority of the City of National City as provided for in this Chapter. 2.64.020 Housing authority —Declaration of need. It is declared that, because of the existence of unsafe and insanitary inhabited dwelling accommodations in National City, there is a need for a housing authority to function in the community. 2.64.030 Housing authority Established. The housing authority of the city is established. 2.64.040 Housing authority —City council designated to act. The city council declares itself to be the Housing Authority of the city. 2.64.050 Community development commission —Declaration of need. It is declared that there is a need for a community development commission to function in the community. 2.64.060 Community development commission Established. The community development commission of the city is established. 2.64.070 Community development commission —Purpose —Operating authority. The community development commission of the city is created and established in order that the city will be enabled to operate and govern its redevelopment agency and its housing authority under a single board and as a single operating entity. 2.64.080 Community development commission —City council designated to act. The city council declares itself to be the community development commission of the city. 2.64.090 Community development commission —Powers and duties. The community development commission shall be vested with all of the powers, duties and responsibilities of both the redevelopment agency and the housing authority of the city, and shall be vested with any other powers, duties and responsibilities regarding community development which the legislative body may delegate to the community development commission subject to such conditions as may be imposed by the legislative body. 2.64.100 Community development commission ---Chairman and vice-chairman. 1 60161.00017\34971183.5 Attachment No. The mayor of the city shall be the chairman, and the vice -mayor of the city shall be the vice- chairman of the community development commission. 2.64.110 Community development commission director and secretary. The executive director and secretary of the redevelopment agency of the city shall be the executive director and secretary of the community development commission. 2.64.120 Community development commission —Bylaws adopted. The bylaws ofthe redevelopment agency of the city adopted by Resolution No. 68-8 on October 29, 1968, as subsequently amended, are adopted as the bylaws of the community development commission. 2.64.130 onunity development commission —Manual of Administrative Policies and Procedures adopted. The Manual or Administrative Policies and Procedures of the redevelopment agency of the city as adopted by said agency by its Resolution No. 69-1 on January 7, 1969, as subsequently amended are adopted as the Manual of Administrative Policies and Procedures of the community development commission. 2.64.140 Filing of ordinance required. The housing authority and the community development commission hereby authorized to function shall each cause a certified copy of the ordinance codified in this chapter to be filed with the Secretary of State and with the Department of Housing and Community Development, state of California. 2.64.140 Community development commission Successor entity. The Community Development Commission -Housing Authority of the City of National City ("CDC-HA")is the successor in interest to the community development commission for all purposes, and any reference to the community development commission in any document shall hereby refer to the CDC -HA. 2 60161.00017134971183.5