HomeMy WebLinkAbout2012-01 r RESOLUTION NO. 2012-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE GRAND
TERRACE HOUSING AUTHORITY, ELECTING TO HAVE THE GRAND
TERRACE HOUSING AUTHORITY RETAIN THE HOUSING ASSETS
AND HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE
GRAND TERRACE REDEVELOPMENT AGENCY PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34176
WHEREAS, the Grand Terrace Redevelopment Agency ("Agency") is a public
body, corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq.) ("CRL"); and
WHEREAS, the City of Grand Terrace is a municipal corporation and a general
law city under the California Government Code ("City"); and
WHEREAS, the Grand Terrace Housing Authority ("Authority") is a public body,
corporate and politic, organized and existing under the California Health and Safety
Code sections 34200, et. seq., (art 2, Chapter 1 of the Health and Safety Code); and
WHEREAS, on December 29, 2011, in California Redevelopment Association v.
Matosantos, Case No. S194861, the California Supreme Court upheld ABX1 26, which
dissolves all of the redevelopment agencies in California, and struck down ABX1 27,
which allowed redevelopment agencies to remain in existence if City opted in to the
"Voluntary Alternative Redevelopment Program" ("VARP"); and
WHEREAS, the City had opted into the VARP by adopting Ordinance No. 259,
which by its own terms would be null and void if the VARP was struck down; and
WHEREAS, because the Agency was going to remain in existence, the City was
not required to decide whether it wished to be a Successor Agency to the Agency or .
whether the City or Authority would retain the housing assets and functions previously
performed by the Agency to the extent not previously assumed by the Authority; and
WHEREAS, in footnote 25 of the Supreme Court's decision, the Court extended
the deadline for making the election only to January 13, 2012; and
WHEREAS, pursuant to Health & Safety Code Section 34176, the City could
either opt to retain the housing assets and functions previously performed by the Grand
Terrace Redevelopment Agency or, by default, allow those assets and functions to be
assigned to and assumed in accordance with Section 34176; and
WHEREAS, the City has previously adopted a resolution to have the City of
Grand Terrace assume all rights, powers, assets, liabilities, duties, and obligations
associated with the housing activities of the Grand Terrace Redevelopment Agency;
� and
WHEREAS, the City has adopted a resolution delegating the rights, powers,
assets, liabilities, duties, and obligations associated with housing activities of the Grand
Terrace Redevelopment Agency to the Grand Terrace Housing Authority.
NOW THEREFORE, THE GRAND TERRACE HOUSING AUTHORITY DOES
RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are adopted as the
findings of the Authority Board.
SECTION 2. The Authority Board hereby assumes-all rights, powers, assets,
liabilities, duties, and obligations associated with the housing activities of the Grand
Terrace Redevelopment Agency in accordance with Health & Safety Code Section
34176.
SECTION 3. The Executive Director, or her designee, is hereby directed to file a
copy of this resolution with the County Auditor-Controller.
SECTION 4. The Executive Director is hereby authorized and directed to take
such additional actions, and to execute all documents necessary and appropriate, for
the City to transfer the housing activities and assets of the Grand Terrace
Redevelopment Agency to the Authority in accordance with the requirements of the
Health and Safety Code.
SECTION 6. The Executive Director is hereby further authorized and directed to
take such other and further actions, and sign such other further documents, as is
necessary and proper in order to implement this Resolution in accordance with the
requirements of the Health& Safety Code on behalf of the Authority.
SECTION 6. This resolution shall become effective immediately upon its
adoption.
SECTION 7. The Authority Secretary shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions..
PASSED APPROVED AND ADOPTED this 30th day of January, 2012 by the following
vote:
AYES: Board'1Iembers McNaboe, Sandoval and Hays; Vice-Chairman Garcia
and Chairman Stanckiewitz
NOES: None
ABSENT: None
ABSTAIN: None
Walt Stanclkewtiz, Chairman
ATTEST:
Tracey R. Writink, Secret
APPROVED AS TO FORM:
Michard L. Adams, Housing Authority Attorney
State of California )
County of San Bernardino )ss.
State of California )
I, Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the
City of Grand Terrace and the Secretary of the Housing Authority of the City of Grand
Terrace and that the foregoing resolution was duly adopted at a special meeting of the
City Council and the Housing Authority of the City of Grand Terrace held on the 30th day
of January, 2012.
Tracey R. %�riWei,SecretakS-
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