HomeMy WebLinkAboutRES OB 2013 43 2013 0319 RESOLUTION NO. OB-2013-43
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK, CALIFORNIA, FOR THE
REGULAR MEETING OF MARCH 19, 2013, DIRECTING THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK AT ITS MARCH 20, 2013
MEETING TO TRANSFER THE HOUSING ASSETS OF THE
FORMER REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK TO THE CITY OF MOORPARK, AS THE
SUCCESSOR HOUSING AGENCY TO THE FORMER
REDEVELOPMENT AGENCY
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board to the Successor Agency of the Redevelopment Agency
of the City of Moorpark be adopted by resolution; and
WHEREAS, pursuant to Health and Safety Code Section 34175(b) and the
California Supreme Court's decision in California Redevelopment Association, et al. v.
Ana Matosantos, et al. (53 Cal.4th 231(2011)), on February 1, 2012, all assets,
properties, contracts, leases, books and records, buildings, and equipment of the former
Redevelopment Agency of the City of Moorpark ("Redevelopment Agency") transferred
to the control of the Successor Agency of the Redevelopment Agency ("Successor
Agency") by operation of law; and
WHEREAS, pursuant to Health and Safety Code Section 34176(a), the City
Council of the City of Moorpark ("City") adopted Resolution No. 2012-3079 electing for
the City to retain the housing assets, as allowed by law, and functions previously
performed by the former Agency (the City, acting such capacity, is referred to in this
Resolution as the "Successor Housing Agency"); and
WHEREAS, Health and Safety Code Section 34177(g) directs the Successor
Agency to effectuate the transfer of housing functions and assets to the appropriate
entity designated pursuant to Health and Safety Code Section 34176, and Health and
Safety Code Section 34181(c) provides that the Oversight Board of the Successor
Agency ("Oversight Board") shall direct the Successor Agency to transfer housing
assets pursuant to Health and Safety Code Section 34176; and
WHEREAS, pursuant to Health and Safety Code Section 34176(a)(2), the City,
acting as the Successor Housing Agency, submitted to the State Department of Finance
("DOF") a list of all housing assets, including any assets transferred on or after February
1, 2012, on DOF's approved Housing Asset Transfer Form (the "Housing Asset List");
and
Resolution No. OB-2013-43
Page 2
WHEREAS, on August 27, 2012, DOF notified the Successor Housing Agency
that the DOF did not object to any of the transfer of housing assets from the former
Redevelopment Agency to the Successor Housing Agency; and
WHEREAS, the Oversight Board desires to direct the transfer of all housing
assets approved by DOF pursuant to Health and Safety Code Section 34176(a)(2); and
WHEREAS, Pursuant to Health and Safety Code Sections 34179(f) and 34181(f),
notice of this action was posted on the Successor Agency's website on March 9, 2013
and published in the Ventura County Star on March 9, 2013; and
WHEREAS, at the regular meeting of March 19, 2013, the request to direct the
transfer of all housing assets approved by DOF from the former Redevelopment Agency
was submitted to the Oversight Board for approval (Agenda Item 7.B.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are a substantive part
of this Resolution.
SECTION 2. This Resolution is adopted pursuant to Health and Safety Code
Sections 34177(g) and 34181(c).
SECTION 3. The Successor Agency is hereby authorized and directed to
(i) transfer to the Successor Housing Agency the assets identified on the Housing Asset
List, as approved by DOF pursuant to Health and Safety Code Section 34176(a)(2), and
(ii) transfer to the Successor Housing Agency all rights, powers, duties, and obligations
associated with the housing activities of the former Redevelopment Agency related to
the housing assets.
SECTION 4. The staff of the Successor Agency is hereby directed to provide the
DOF written notice and information regarding the action taken by the Oversight Board in
Section 3 of this Resolution. Such notice and information shall be provided by
electronic means and in a manner of DOF's choosing.
SECTION 5. The officers of the Oversight Board and staff of the Successor
Agency are hereby authorized and directed, jointly and severally, to do any and all
things which they may deem necessary or advisable to effectuate this Resolution.
Resolution No. OB-2013-43
Page 3
SECTION 6. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 19th day of March, 2013.
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Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
Resolution No. OB-2013-43
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. OB-2013-43 was
adopted by the Oversight Board to the Successor Agency of the Redevelopment
Agency of City of Moorpark at a regular meeting held on the 19th day of March, 2013,
and that the same was adopted by the following vote:
AYES: Board Members Burgh, Kasper, Parvin, Priestley and Chairperson
Hamous
NOES: None
ABSENT: Board Members Ingram and Nicks
ABSTAIN: None
IN WITNESS THEREOF, I have set my hand this 19th day of March, 2013.
Maureen Benson, City Clerk