HomeMy WebLinkAbout2012 CC RESO 2012-30 CDCRESOLUTION NO. 2012 — 30
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY RATIFYING AND CONFIRMING
THE CITY COUNCIL'S DESIGNATION OF THE HOUSING AUTHORITY
OF THE CITY OF NATIONAL CITY, UNDER PART 1.85 OF DIVISION 24
OF THE HEALTH AND SAFETY CODE, TO ACCEPT HOUSING ASSETS
AND PERFORM HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY ON BEHALF OF THE REDEVELOPMENT AGENCY 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 (-Authority") by 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 the CDC was vested with such
WHEREAS, Sections 33334.2 and 33334.3 of the Community Redevelopment
Law require the Agency to use not less than 20 percent (20%) of tax increment allocated to the
Agency pursuant to Section 33670 of 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 on behalf of the Agency has continuously utilized its Low
and Moderate Income Housing Fund for the purpose of increasing. improving and preserving
the community's 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 and upon the effectiveness of Assembly Bill No. 26 (2011-2012 1st Ex. Sess.) ("AB 1x
26"), subject to all reservations herein stated, the Agency, but not the CDC, is subject to
dissolution on February 1. 2012, such that the Agency will be deemed as a former
redevelopment agency under Health and Safety Code section 34173(a) of Part 1.85 of AB 1 x
26; and
WHEREAS, the dissolution of the Agency is limited to the dissolution of the
Agency only and results in the Agency's inability to perform redevelopment activities, but such
dissolution does not affect or impair the legal status of the Housing Authority or the CDC and
their lawful activities; and
Resolution No. 2012 — 30
January 24, 2012
Page Two
WHEREAS, subject to all reservations herein stated. the CDC confirms and
ratifies the action of the City Council of the City of National City to designate the Housing
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
WHEREAS, the CDC 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 AB 1 x 26 (collectively, "Laws');
and
WHEREAS, the CDC does not 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 lx 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, the CDC does not intend, by adoption of this Resolution, to waive any
of its rights, authority and powers duly vested in the CDC and hereby reserves its rights with
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such rights, right`, authority and powers :n accordance ,nrith applicahla law ?nri
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WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AS FOLLOWS:
Subject to all reservations herein stated. the Community Development
Commission of the City of National City hereby ratifies and confirms the City
Council of the City of National Citys designation of the Housing authority of the
City of National City 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 Health and Safety Code section 33000 et seq.), including, but
not limited to. Section 33418.
The ratification and confirmation of the CDC under this Resolution is expressly
contingent upon the Authority being duly authorized to take, and in fact taking,
such actions as are needed to effectuate the transfer described in the
immediately preceding paragraph.
Resolution No. 2012 — 30
January 24, 2012
Page Three
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.
PASSED and ADOPTED this 24th day of January, 2012.
Ron Morrison, Chairman
Brad Raulstarr ecretary
APIPROVED AS TO FORM:
CI :'a GacituW: va
General Cou I CDC
Passed and adopted by the Community Development Commission of the City of
National City, California, on January 24, 2012, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretary, Coy Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-30 of the Community Development Commission of the City of
National City, California, passed and adopted on January 24, 2012.
Secretary, Community Development Commission
By:
Deputy