HomeMy WebLinkAboutOversight Board Reso 13-0012 OB RESOLUTION NO. 13 -0012
A RESOLUTION OF THE OVERSIGHT BOARD TO THE DOWNEY SUCCESSOR
AGENCY DIRECTING THE TRANSFER OF CERTAIN HOUSING FUNCTIONS AND
ASSETS TO THE DOWNEY COMMUNITY DEVELOPMENT COMMISSION
WHEREAS, pursuant to Health and Safety Code Section 34175(b) and the State of
California Supreme Court decision in California Redevelopment Association, et al. v Ana
Matosantos, et al. (53 Ca1.4th 231(2011), on February 1, 2012, all housing assets, properties,
contracts, leases, books, records, buildings, and equipment of the former redevelopment
functions of the City of Downey Community Development Commission (the "Agency ")
transferred to the control of the Successor Housing Agency, which was the Downey Community
Development Commission ( "Housing Authority ") by operation of law; and,
WHEREAS, the City Council of the City of Downey adopted Resolution No. 12 -7317 on
January 10, 2012, electing that the housing authority component of the Community
Development Commission of the City of Downey as the local Housing Authority to retain the
housing assets of the former City of Downey Redevelopment Agency as allowed by law and
functions previously performed by the former 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), On August 1,
2012, the Successor Agency submitted to the State Department of Finance ( "DOF ") a list (the
"Housing Assets Transfer Form ") of all housing assets including any assets transferred on or
after February 1, 2012, attached hereto as Exhibit A and incorporated herein by reference; and,
WHEREAS, by written correspondence dated January 4, 2013, the DOF notified the
Successor Agency that it was not objecting to the assets and transfers of assets include on the
Housing Asset Transfer Form submitted to DOF on August 1, 2012, and,
WHEREAS, the Oversight Board desires to direct the transfer of all assets identified on
the Housing Assets Transfer Form as housing assets eligible for transfer as approved by the
DOF pursuant to Health and Safety Code Section 34176(a)(2); and,
WHEREAS, pursuant to Health and Safety Code Sections 34178(f) and 34181(0, notice
of this action was posted on the City's website on January 7, 2013.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE DOWNEY SUCCESSOR
AGENCY DOES HEREBY RESOLVES 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).
OB RESOLUTION NO. 13 -0012
PAGE 2
SECTION 3. The Successor Agency is hereby authorized and directed to transfer
housing assets to the Downey Community Development Commission:
(a) The housing assets identified on the Housing Assets Transfer Form,
heretofore or hereafter approved or deems approved by the DOF pursuant to Health and Safety
Code Section 34176(a)(2), and
(b) All rights, powers, duties, and obligations associated with the housing
activities of the former Agency related to the housing assets transferred pursuant to this Section
3.
SECTION 4. The staff of the Successor Agency is hereby directed to provide DOF
written notice and information regarding the action taken by the Oversight Board pursuant to
this Resolution. Such notice and information shall be provided by elec - tronic means and in a
manner of DOF's choosing.
SECTION 5. The staff and the Board of the Successor Agency are hereby authorized
and directed, jointly and severally, to execute and record such documents and instruments and
to do any and all other things that they may deem necessary or advisable to effectuate this
Resolution.
APPROVED AND ADOPTED this 10 day of Janua , 1
BRIA' SA' KI, Chairman
ATTEST:
ADRIA M. JIMENE , Secretary
State of California )
County of Los Angeles )ss.
City of Downey )
1, Adria M. Jimenez, Secretary of the Oversight Board of the Successor Agency to the
former Redevelopment Agency of the City of Downey, California ( "Oversight Board "), do hereby
certify the foregoing Resolution was duly adopted by said Oversight Board at a adjourned
regular meeting held on the 10 day of January 2013, by the following vote, to wit:
Ayes: Oversight Board Members: Brossmer, Delawalla, Flores, LaPlante, Saeki
Noes: Oversight Board Members: None
Absent: Oversight Board Members: Helvey, Latham
Abstained: Oversight Board Members: None
r .
ADRIA M. JIMENEZ, S retary