HomeMy WebLinkAbout12-04 - Costa Mesa Housing Authority will Assume Housing AssetsRESOLUTION NO. 12-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, DECLINING TO ASSUME THE
HOUSING ASSETS AND FUNCTIONS OF THE COSTA
MESA COMMUNITY REDEVELOPMENT AGENCY AND
CONFIRMING THAT THE COSTA MESA HOUSING
AUTHORITY WILL ASSUME THE HOUSING ASSETS
AND HOUSING FUNCTIONS PREVIOUSLY
PERFORMED BY THE AGENCY PURSUANT TO
HEALTH & SAFETY CODE SECTION 34176
WHEREAS, the Costa Mesa Redevelopment Agency ("Agency") is a community
redevelopment agency organized and existing under the California Community
Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has
been authorized to transact business and exercise the powers of a redevelopment
agency pursuant to action of the City Council ("City Council") of the City of Costa Mesa
("City"); and
WHEREAS, the City of Costa Mesa is a municipal corporation of the State of
California ("City"); and
WHEREAS, on December 29, 2011, in California Redevelopment Association v.
Matosantos, Case No. S194861, the California Supreme Court upheld AB x1 26, which
dissolves all of the redevelopment agencies in California, and invalidated AB X1 27 that
had allowed redevelopment agencies to remain in existence if the opted in to the
"Voluntary Alternative Redevelopment Program" ("Program"); and
WHEREAS, previously the City had opted into the Program by ordinance(s) soon
after the passage of AB X1 26 and by resolution the City elected to become the
Successor Agency of the Agency; and
WHEREAS, now that the Program has been invalidated by the Supreme Court,
pursuant to Health & Safety Code Section 34176, the City may elect to assume the
housing assets and functions previously performed by the Agency or to allow transfer of
those assets and functions by the Costa Mesa Housing Authority;
WHEREAS, the City declines to assume such housing assets and functions and
selects the Costa Mesa Housing Authority to assume all rights, powers, assets,
liabilities, duties, and obligations associated with the housing activities of the former
Agency.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Costa
Mesa as follows:
Section 1. The above recitals are true and correct, are a substantive part of this
Resolution, and are adopted as the findings of the City Council.
Section 2. Pursuant to Section 34176 of AB X1 26, the City Council hereby declines
to assume the housing assets and functions of the Agency and selects the Costa Mesa
Housing Authority to assume all rights, powers, assets, liabilities, duties, and obligations
associated with the housing activities of the former Agency.
Section 3. The Chief Executive Officer and is hereby authorized and directed to take
such other and further actions, and sign such other and further documents, as are
necessary and proper in order to implement this Resolution on behalf of the City.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED AND ADOPTED this 17th day of January, 2012.
ATTEST:
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Julie F ik, City Clerk
Gary Monahan, Mayor
APPROVED AS TO FORM:
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Thomas P. art , City Attorney
STATE OF CALIFORNIA )
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 12-4 and was duly passed
and adopted by the City Council of the City of Costa Mesa at a special joint meeting
held on the 17th day of January, 2012, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
MON.AHAN, RIGHEIMER, BEVER, LEECE,
MENSINGER
NONE
NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 18th day of January, 2012.
r—
JULg FOLCIK, bITY CLERK
(SEAL)