HomeMy WebLinkAboutCC RESO 2012-17RESOLUTION NO. 2012 — 17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ELECTING TO RETAIN THE HOUSING ASSETS AND FUNCTIONS OF
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF NATIONAL CITY UNDER PART 1.85 OF DIVISION 24 OF THE HEALTH
AND SAFETY CODE SUBJECT TO RESERVATIONS HEREIN STATED
WHEREAS, the City of National City formed the Community pevelopment
Commission of the City of National City ("Agency"), which has continuou ; ' `'-.:ed in
redevelopment activities under the Community Redevelopment Law ( fety Code
sections 33000 et seq.)("CRL"); and
WHEREAS, Sections 33334.2 and 33334.3 of the
not less than 20 percent of taxes allocated to the Agency purs
for the purpose of increasing, improving, and preserving the
moderate income housing ("Low and Moderate Income Ho
WHEREAS, the Agency has continuous
Housing Fund for the purpose of increasing, improvi
of low- and moderate -income housing available at affo
WHEREAS, by enactment of P
Code, subject to all reservations herein stated,
1, 2012 such that the Agency shall be dee
and Safety Code section 34173(a); and
WHEREAS, subject to all
Division 24 of the Health and Safet
to retain, without limitation, all of th
and functions previously performed b
enforcement of affordability covenants
e Agency to use
33670 of the CRL
upply of low and
nd"); and
d its _ow and Moderate Income
eserving the community's supply
housing cost; and
'vision 24 of the Health and Safety
is subject to dissolution on February
r redevelopment agency under Health
s herein stated and pursuant to Part 1.85 of
y Council of the City of National City desires
sets, rights, powers, duties, obligations, liabilities
Agency upon the dissolution of the Agency, including
performance of related activities pursuant to
applicable provisions of th- .mmunityedevelopment Law (Part 1, commencing with Section
33000), including, but no to, Section 33418; and
WHE
this Resolution, su
Agency under law
No. 26 (2011-2
Council of the City of National City hereby desires to adopt
express reservation of rights of the City of National City and
y, including without limitation the effectiveness of Assembly Bill
ss.) ("AB 1x 26") (collectively, "Laws"); and
the City Council does not intend by adoption of this Resolution to
waive any co ; : Uoria and/or legal rights under law and/or equity, including without limitation,
the effectiveness `:• B 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 1 x 26 to the Agency and/or the
City of National City in any administrative or judicial proceeding; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
WHEREAS, the City Council of the City of National City hereby finds and
determines that the foregoing recitals are true and correct.
Resolution No. 2012 — 17
January 10, 2012
Page Two
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AS FOLLOWS:
1. Subject to all reservations herein stated and pursuant to P. 5 of Division 24
of the Health and Safety Code, the City of National City .y'v: is to retain,
without limitation, all of the housing assets, rights, powe 9 i ations
liabilities and functions previously performed by the nc <; ; *€ e dissolution
of the Agency, including enforcement of affordabili . .v ;;ant` d performance
d ri+Jce
of related activities pursuant to applicable provisi• .a^;?. e _ munity
Redevelopment Law (Part 1, commencing with cti Rai), including, but not
limited to, Section 33418 and hereby accept <£;, ansfe""' the City of National
City of all of the housing assets, rights, pow '' , . s obligations, liabilities and
functions associated with the housing ac , of th' gency.
2. The City Manager is hereby authorizee all notifications of such election
amx3
..
as deemed necessary under Part 1,:..'.; :.;on 24 of the Health and Safety
Code and to execute all docume . i' e actions necessary and
convenient to carry out and impl gent th 3f ansfer to the City of National City of,
without limitation, all of the house 'rights, powers, duties, obligations,
liabilities and functions pre,., ed by the Agency upon the dissolution
of the Agency, including rrce "' t of affordability covenants and performance
of related activities pursu apt^ ` able provisions of the Community
Redevelopment Law 'art 1,"z`<Lencing with Section 33000), including, but not
limited to, Section 39 `.' y•dminister the City's obligations, responsibilities
and duties to be perf ''K eunder.
3. This Resoluti shall tak ffect immediately upon its adoption.
PASSED >d .OPTED this 10th day of January, 2012.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
NOT ADOPTED
RESOLUTION NO. 2012-17
A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ELECTING
TO RETAIN THE HOUSING ASSETS AND
FUNCTIONS OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
UNDER PART 1.85 OF DIVISION 24 OF THE
HEALTH AND SAFETY CODE SUBJECT TO
RESERVATIONS HEREIN STATED.
(City Attorney)
This Resolution was not adopted at the City Council /
Community Development Commission Adjourned
Regular Meeting of January 10, 2012.
January 12, 2012
ichael R. DIIa, CMC
City Clerk
City of National City