HomeMy WebLinkAboutCC RESO 2012-16RESOLUTION NO. 2012 — 16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
UNDER PART 1.85 OF DIVISION 24 OF THE HEALTH AND SAFETY CODE
DESIGNATING THE NATIONAL CITY HOUSING AUTHORITY TO PERFORM
THE HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
SUBJECT TO RESERVATIONS HEREIN STATED
WHEREAS. the City of National City formed the Community Development
Commission of the City of National City ('CDC"), which has continuously engaged in both
redevelopment activities under the Community Redevelopment Law (Health and Safety Code
sections 33000. et seq.) ("CRL") and housing authority activities under the Housing Authority
Law (Health and Safety Code sections 34200, et seq.); and
WHEREAS, at the time the City of National City formed the CDC, the City also
established the Housing Authority of the City of National City (Ordinance No. 1484, dated
October 14, 1975); and
WHEREAS, the Redevelopment Agency of the City of National City ("Agency')
was established by Ordinance No. 1164, dated April 11, 1967; and
WHEREAS, the CDC was established to enable both the Agency and the Housing
Authority to operate under a single board and single entity; and
WHEREAS, Sections 33334.2 and 33334.3 of the Community Redevelopment
Law require the Agency to use not less than 20 percent (20%) of taxes allocated to the Agency
pursuant to S uori 33670 tit the CRL for the purpose of increasing, improving, and preserving
the community's supply of low and moderate income housing ("Low and Moderate Income
Housing Fund"); and
WHEREAS, the CDC has continuously utilized its Low and Moderate Income
Housing Fund for the purpose of increasing, improving and preserving the communitys supply
of low- and moderate -income housing available at affordable housing cost; and
WHEREAS, by enactment of Part 1.85 of Division 24 of the Health and Safety
Code. subject to all reservations herein stated, the Agency, but not the CDC, is subject to
dissolution on February 1, 2012, such that the Agency shall be deemed as a former
redevelopment agency under Health and Safety Code section 34173(a): and
WHEREAS, the dissolution of the Agency is limited to the dissolution of the
redevelopment activities and does not affect or impair the Housing Authority or the CDC; and
WHEREAS, subject to all reservations herein stated and pursuant to Part 1.85 of
Division 24 of the Health and Safety Code, the City Council of the City of National City desires
to designate National City Housing Authority ("Authority") to receive the transfer of, without
limitation. all of the housing assets, rights, powers, duties, obligations, liabilities and functions
previously performed by the Agency upon the dissolution of the Agency, including enforcement
of affordability covenants and performance of related activities pursuant to applicable provisions
of the CRL, including, but not limited to, Section 33418; and
Resolution No. 2012 — 16
January 10, 2012
Page Two
WHEREAS, the City Council of the City of National City hereby desires to adopt
this Resolution, subject to the express reservation of rights of the City of National City, CDC,
Agency and Authority under law and/or equity, including without limitation the effectiveness of
Assembly Bill No. 26 (2011-2012 1st Ex. Sess.) ("AB 1x 26") (collectively, 'Laws'); and
WHEREAS, the City Council does riot intend, by adoption of this Resolution, to
waive any constitutional and/or legal rights under law and/or equity, including without limitation
the effectiveness of AB 1x 26, by virtue of the adoption of this Resolution and, therefore,
reserves all of its rights under Laws to challenge the applicability of AB 1x 26 to the Agency
and/or the City of National City and/or Authority and/or CDC, in any administrative or judicial
proceeding; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AS FOLLOWS:
Subject to all reservations herein stated and pursuant to Part 1.85 of Division 24
of the Health and Safety Code, the City of National City hereby designates the
Authority to receive the transfer of, without limitation, all of the housing assets.
rights. powers, duties, obligations, liabilities and functions previously performed
by the Agency upon the dissolution of the Agency, including enforcement of
affordability covenants and performance of related activities pursuant to
applicable provisions of the Community Redevelopment Law (Part 1,
commencing with Section 33000), including, but not limited to, Section 33418.
2. The designation of Authority under this Resolution is expressly contingent upon
Authority being duly authorized to take, and taking, such actions as are need to
effectuate the transfer described in the immediately preceding paragraph.
3. The City Manager is hereby authorized to make all notifications of such
designation as deemed necessary under Part 1.85 of Division 24 of the Health
and Safety Code and to execute all documents and take all actions necessary
and convenient to carry out and implement the designation of the Authority to
receive the transfer of, without limitation, all of the housing assets, rights, powers,
duties, obligations, liabilities and functions previously performed by the Agency
upon the dissolution of the Agency, including enforcement of affordability
covenants and performance of related activities pursuant to applicable provisions
of the Community Redevelopment Law (Part 1, commencing with Section
33000), including, but not limited to, Section 33418.
4. This Resolution shall take effect immediately upon its adoption.
--- Signature Page to Follow ---
Resolution No. 2012 — 16
January 10, 2012
Page Three
PASSED and ADOPTED this 10th day of January, 2012.
on Morrison, Mayor
ATTEST:
ioli
c
ael R. Dalla
Mi ,ICity Clerk
PROVED TO FORM:
udia acitilva
City Attorney
Passed and adopted by the Council of the City of National City, California, on January
10, 2012 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City CI k of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-16 of the City of National City, Califomia, passed and adopted
by the Council of said City on January 10, 2012.
City Clerk of the City of National City, California
By:
Deputy