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HomeMy Public PortalAbout15-24 - Authority Agreeing to become a Member of the Carson Public Financing Authoriy and Approving the Amended and Restated Joint Exercise of Powers AgreementRESOLUTION NO. 15-24-CHA A RESOLUTION OF THE BOARD OF THE CARSON HOUSING AUTHORITY AGREEING TO BECOME A MEMBER OF THE CARSON PUBLIC FINANCING AUTHORITY AND APPROVING THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR THE CARSON PUBLIC FINANCING AUTHORITY WHEREAS, the Carson Public Financingz:) Authority ("Financing Authority") was created C by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson ('"City") and the Carson Redevelopment Agency ("former -RDA"); and WHEREAS, redevelopment agencies in the State of California were dissolved on February 1, 2012; and WHEREAS, the City elected to serve as the Successor Agency to the former -RDA pursuant to the California Health & Safety Code ("Successor Agency"); and C, WHEREAS, on or about January 9, 2012, the City Council adopted Resolution No. 12- 004, implementing its Resolution No. 11-035 (adopted on March 8, 2011), which formally L_ created the Carson C HousinZ, a Authority ("Housing Authority") pursuant to the Health & Safety Code to carry out housing functions within the City; and WHEREAS, the Successor Agency must now continue to wind down the affairs of the former -RDA and, as a result, must act to remove itself from the Financing Authority; and L_ WHEREAS, the Successor Agency, the City, and the Housing Authority desire to continue financing various projects through the Financing Authority without the membership of 1� Z� C the Successor Agency; and WHEREAS. the City Council agrees to allow the Housing Authority to Join the Financing Authority as a Member to assist in the conducting of its business under state law; and WHEREAS, the HousingAuthority desires to join the Financing Authority as a Member; C� zn and WHEREAS, the Financing Authority will remain a separate public entity and apart from L_ the City, Successor Agency, and the Housing Authority; and WHEREAS, the Joint Exercise of Powers Agreement for the Financing Authority needs Z__ C� to be amended to include the Housing Authority as a Member and to remove the Successor Agency as a Member. zn NOW, THEREFORE, the BOARD of the CARSON HOUSING AUTHORITY, does hereby ordain as follows: [MORE] RESOLUTION NO. 15-24-CHA PAGE 2 OF 3 Section 1. The foregoing recitals are true and correct and are incorporated by reference herein. Section 2. The Board hereby agrees to join the Financing Authority as a participating i Z:) Zn Member. Section 3. The Board further approves and adopts the Amended and Restated Joint Exercise of Powers Agreement for the Financing Authority, substantially in the form attached hereto as Exhibit A with such revisions, amendments, and completions as shall be approved by the Housinc, Authority Executive Director with the advice of the Housing Authority Counsel. Section 4. The Board further approves and adopts the Bylaws of the Financing Authority, substantially in the form attached hereto as Exhibit B. Section 5. Any Responsible Officer of the Housing Authority is hereby authorized C� and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions Z7 contemplated by this Resolution. Section 6. The Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Carson Housinc,C, CYit Authority Board on this day of i y,r , 2015. Chair Albert Robles ATTESf Board Secretary DJ,6�lq /3- INFEITNInu sing *ithoritp Counsel RESOLUTION NO. 15-24-CHA PAGE 3 OF 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Jim Dear, Secretary of the Carson Housing Authority, of the City of Carson, California, do hereby certify that the whole number of members of the Carson Housing Authority is five; that the foregoing resolution, being Resolution No. 15-24-CHA was duly and regularly adopted by said Authority at a regular meeting duly and regularly held on the 6th day of October, 2015, and that the same was passed and adopted by the following vote: AYES: AUTHORITY BOARD MEMBERS: Chairman Robles, Santarina, Davis -Holmes, Hilton and Gause-Aldana NOES: AUTHORITY BOARD MEMBERS: None ABSTAIN: AUTHORITY BOARD MEMBERS: None ABSENT: AUTHORITY BOARD MEMBERS: None Secretary Jim Dear CITY OF CARSON 701 East Carson Street t� Mrs . File #: 2015-783, Version: 1 Report to Public Financing Authority Tuesday, October 06, 2015 Discussion SUBJECT: CONSIDER RESOLUTIONS SUBSTITUTING THE HOUSING AUTHORITY FOR THE FORMER REDEVELOPMENT AGENCY AS A MEMBER OF THE CITY'S PUBLIC FINANCING AUTHORITY I. SUMMARY The original Public Financing Authority Joint Powers Agreement (JPA) was established on November 17, 1992 between the City of Carson and the Carson Redevelopment Agency by Resolution No. 92-094. On February 1, 2102 the Redevelopment Agency was dissolved by AB 1X 26, signed by the Governor in June, 2011. The Housing Authority was created by Resolution No. 11-035, adopted on March 8, 2011 and implemented by Resolution No. 12-004 on January 9, 2012. These resolutions and amended/restated joint exercise of powers authority agreement for the Public Financing Authority substitute the Housing Authority for the former Redevelopment Agency as a member of the JPA (Exhibit Nos. 1, 2, 3, 4, & 5). II. RECOMMENDATION TAKE the following actions: 1. APPROVE Resolution of the City Council approving the Amended & Restated JPA Agreement and allowing the Housing Authority to join and the Successor Agency to withdraw from the Public Financing Authority. 2. APPROVE the Resolution of the Housing Authority approving the Amended and Restated JPA Agreement and joining the Public Financing Authority. CITY OF CARSON Page 1 of 4 15 File #: 2015-783, Version: 1 3. APPROVE the Resolution of the Successor Agency approving the Amended & Restated JPA Agreement and allowing the Housing Authority to join the Public Financing Authority. 4. APPROVE the Resolution of the Successor Agency withdrawing from the Public Financing Authority. 5. AUTHORIZE the Mayor to execute the Resolutions and the Joint Powers Agreement following approval as to form by the City Attorney. Ill. ALTERNATIVES 1. DO NOT APPROVE the substitution. 2. TAKE another action the City Council deems appropriate. IV. BACKGROUND In August, 2015, the City was contacted by the California State Controller's Office (SCO) regarding the Carson Public Financing Authority Joint Powers Agreement (JPA.). The initial purpose of the request was to review this JPA (Carson Public Financing Authority) and determine if there was a financial disclosure requirement per Government Code 12463. This entity's information is pending in their system and they wished to review and update the full text agreement. According to the Notice of a Joint Powers Agreement, the original JPA was established on November 17, 1992 between the City of Carson and the Carson Redevelopment Agency by Resolution No. 92-094. As part of the review, the SCO noted that the JPA should have amended the Carson Public Financing Authority Joint Powers Agreement at least once since the dissolution of the Redevelopment Agency by the State of California in 2012. CITY OF CARSON Page 2 of 4 Printed on 10/1/2015 powered by LegistarTm File #: 2015-783, Version: 1 However, the JPA has not been amended to remove the former Redevelopment, Agency as one of the forming entities. On January 9, 2012, the City Council adopted Resolution No. 12-004, that implemented Resolution No. 11-035, adopted on March 8, 2011, that formally created the Carson Housing Authority; that certain Agency Resolution No. 11-17 (adopted April 19, 2011), that authorized and directed the Redevelopment Agency to transfer all housing set-aside funds and certain housing properties to the Carson Housing Authority pursuant to that certain Amended and Restated Transfer Agreement dated April 19, 2011, and that Housing Authority Resolution No. 11-3, adopted on April 19, 2011, that approved the Transfer Agreement and accepted the transfer of housing set-aside funds and properties from the Redevelopment Agency. These resolutions and amended/restated joint exercise of powers authority agreement for the Public Financing Authority serve to substitute the Housing Authority for the former Redevelopment Agency as a member of the JPA. Note that the bylaws and the JPA agreement are exhibits to some of the resolutions. Because part of the actions is to withdraw the former RDA from the Public Financing Authority, the resolutions need to be adopted in the following order: 1. Resolution of City Council approving the Amended and Restated JPA Agreement and allowing the Housing Authority to Join and the Successor Agency to withdraw from the Public Financing Authority; and 2. Resolution of the Housing Authority approving the Amended & Restated JPA Agreement and joining the Public Financing Authority; and 3. Resolution of the Successor Agency approving the Amended & Restated JPA Agreement and allowing the Housing Authority to join the Public Financing Authority; and 4. Resolution of the Successor Agency withdrawing from the Public Financing Authority. 5. Joint Exercise of Powers Agreement V. FISCAL IMPACT There is no fiscal impact to the change in members of the JPA. VI. EXHIBITS 1. Resolution of City Council approving the Amended and Restated JPA CITY OF CARSON Page 3 of 4 Printed on 10/1/2015 powered by Legistar T" File M 2015-783, Version: 1 Agreement and allowing the Housing Authority to Join and the Successor Agency to withdraw from the Public Financing Authority. (pgs. 5-7) 2. Resolution of the Housing Authority approving the Amended & Restated JPA Agreement and joining the Public Financing Authority. (pgs. 8-10) 3. Resolution of the Successor Agency approving the Amended & Restated JPA Agreement and allowing the Housing Authority to join the Public Financing Authority. (pgs. 11-13) 4. Resolution of the Successor Agency withdrawing from the Public Financing Authority. (pgs. 14-15) 5. Amended and Restated Joint Exercise of Powers Agreement. (pgs. 16-25) Prepared by: John Raymond, Community Development Director CITY OF CARSON Page 4 of 4 Printed on 10/1/2015 powered by Legistar TM RESOLUTION NO. 15-109 A RESOLUTION OF THE C COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DING THE CARSON HOUSING AUTHORITY AS M BER OF THE CARSON PUBLIC FINANCING AUTHO T AND APPROVING AN AMENDED AND RESTATED JOINT RCISE OF POWERS AGREEMENT FOR THE CARSON PUBLI FINANCING AUTHORITY WHEREAS, the Carson Public Financing Authority ("Financing Authority") was created by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson ("City") and the Carson Redevelopment Agency ("former -RDA"); WHEREAS, redevelopment agencies in the State of California were dissolved on February 1, 2012; WHEREAS, the City elected to serve as the Successor Agency to the former -RDA pursuant to the California Health & Safety Code ("Successor Agency"); WHEREAS, on or about January 9, 2012, the City Council adopted Resolution No. 12- 004, implementing its Resolution No. 11-035 (adopted on March 8, 2011), which formally created the Carson Housing Authority ("Housing Authority") pursuant to the Health & Safety Code to carry out housing functions within the City; WHEREAS, the Successor Agency must now continue to wind down the affairs of the former -RDA and, as a result, must act to remove itself from the Financing Authority; WHEREAS, the Successor Agency, the City, and the Housing Authority desire to continue financing various projects through the Financing Authority without the membership of the Successor Agency; WHEREAS, the City Council agrees to allow the Housing Authority to join the Financing Authority as a Member to assist in the conducting of its business under state law; WHEREAS, the Financing Authority will remain a separate public entity and apart from the City, Successor Agency, and the Housing Authority; and WHEREAS, the Joint Exercise of Powers Agreement for the Financing Authority needs to be amended to include the Housing Authority as a Member and to remove the Successor Agency as a Member. NOW, THEREFORE, the CITY COUNCIL of the CITY of CARSON, CALIFORNIA, does hereby ordain as follows: Section 1. The foregoing recital are true and correct and are incorporated by reference herein. 01007.0001/268550.3 Resolution No. 15-109 September 15, 2015 Page 1 of 3 EXHIBIT NO. 1 `' Section 2. The City Council hereby approves and accepts the addition of the Carson Housing Authority as a Member of the Public Financing Authority. Section 3. The City Council hereby approves and accepts the Successor Agency's withdrawal as a Member of the Public Financing Authority. Section 4. The City Council hereby approves and adopts the Amended and Restated Joint Exercise of Powers Agreement for the Financing Authority, substantially in the form attached hereto as Exhibit A with such revisions, amendments, and completions as shall be approved by the City Manager with the advice of the City Attorney. Section 5. Any Responsible Officer of the City of Carson is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. Section 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this day of , 2015. Mayor Albert Robles ATTEST: City Clerk City Attorney 01007.00011268550.3 Resolution No. 15-109 September 15, 2015 Page 2 of 3 A • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk of the City of Carson, hereby attest to and certify that the foregoing resolution is the original resolution adopted by the City Council at its regular meeting held on the day of , 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Jim Dear, City Clerk 01007.0001/268550.3 Resolution No. 15-109 September 15, 2015 Page 3 of 3 7 RESOLUTION NO. 15-24-CHA A RESOLUTION OF THE BOARD F THE CARSON HOUSING AUTHORITY AGREEING TO B COME A MEMBER OF THE CARSON PUBLIC FINA ING AUTHORITY AND APPROVING THE AMENDED AND RES T D JOINT EXERCISE OF POWERS AGREEMENT FOR THE CARSON PUBLIC FINANCING AUTHORITY WHEREAS, the Carson Public Financing Authority ("Financing Authority") was created by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson ("City") and the Carson Redevelopment Agency ("former -RDA"); WHEREAS, redevelopment agencies in the State of California were dissolved on February 1, 2012; WHEREAS, the City elected to serve as the Successor Agency to the former -RDA pursuant to the California Health & Safety Code ("Successor Agency"); WHEREAS, on or about January 9, 2012, the City Council adopted Resolution No. 12- 004, implementing its Resolution No. 11-035 (adopted on March 8, 2011), which formally created the Carson Housing Authority ("Housing Authority") pursuant to the Health & Safety Code to carry out housing functions within the City; WHEREAS, the Successor Agency must now continue to wind down the affairs of the former -RDA and, as a result, must act to remove itself from the Financing Authority; WHEREAS, the Successor Agency, the City, and the Housing Authority desire to continue financing various projects through the Financing Authority without the membership of the Successor Agency; WHEREAS, the City Council agrees to allow the Housing Authority to join the Financing Authority as a Member to assist in the conducting of its business under state law; WHEREAS, the Housing Authority desires to join the Financing Authority as a Member; WHEREAS, the Financing Authority will remain a separate public entity and apart from the City, Successor Agency, and the Housing Authority; and WHEREAS, the Joint Exercise of Powers Agreement for the Financing Authority needs to be amended to include the Housing Authority as a Member and to remove the Successor Agency as a Member. NOW, THEREFORE, the BOARD of the CARSON HOUSING AUTHORITY, does hereby ordain as follows: Section 1. The foregoing recitals are true and correct and are incorporated by reference herein. 01007.00011268714.2 Resolution No. 15-24-CHA September 15, 2015 Page 1 of 3 EXHIBIT NO. 2 Section 2. The Board hereby agrees to join the Financing Authority as a participating Member. Section 3. The Board further approves and adopts the Amended and Restated Joint Exercise of Powers Agreement for the Financing Authority, substantially in the form attached hereto as Exhibit A with such revisions, amendments, and completions as shall be approved by the Housing Authority Executive Director with the advice of the Housing Authority Counsel. Section 4. The Board further approves and adopts the Bylaws of the Financing Authority, substantially in the form attached hereto as Exhibit B. Section 5. Any Responsible Officer of the Housing Authority is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. Section 6. The Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Carson Housing Authority Board on this day of , 2015. Chair Albert Robles ATTEST: Board Secretary Housing Authority Counsel 01007.0001/268714.2 Resolution No. 15-24-CHA September 15, 2015 Page 2 of 3 A CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Board Secretary for the Carson Housing Authority, hereby attest to and certify that the foregoing resolution is the original resolution adopted by the Housing Authority Board at its regular meeting held on the day of , 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Jim Dear, Board Secretary 01007.0001/268714.2 Resolution No. 15-24-CHA September 15, 2015 Page 3 of 3 RESOLUTION NO. 15 -23 -CSA A RESOLUTION OF THE BOARD OF E SUCCESSOR AGENCY OF THE CARSON REDEVELOPM T AGENCY ADDING THE CARSON HOUSING AUTHORIT AS A MEMBER OF THE CARSON PUBLIC FINA ING AUTHORITY AND APPROVING THE AMENDED AND RES A D JOINT EXERCISE OF POWERS AGREEMENT FOR THE CARSON PUBLIC FINANCING AUTHORITY WHEREAS, the Carson Public Financing Authority ("Financing Authority") was created by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson ("City") and the Carson Redevelopment Agency ("former -RDA"); WHEREAS, redevelopment agencies in the State of California were dissolved on February 1, 2012; WHEREAS, the City elected to serve as the Successor Agency to the former -RDA pursuant to the California Health & Safety Code ("Successor Agency"); WHEREAS, on or about January 9, 2012, the City Council adopted Resolution No. 12- 004, implementing its Resolution No. 11-035 (adopted on March 8, 2011), which formally created the Carson Housing Authority ("Housing Authority") pursuant to the Health & Safety Code to carry out housing functions within the City; WHEREAS, the Successor Agency must now continue to wind down the affairs of the former -RDA and, as a result, must act to remove itself from the Financing Authority; WHEREAS, the Successor Agency, the City, and the Housing Authority desire to continue financing various projects through the Financing Authority without the membership of the Successor Agency; WHEREAS, the City Council agrees to allow the Housing Authority to join the Financing Authority as a Member to assist in the conducting of its business under state law; WHEREAS, the Housing Authority desires to join the Financing Authority as a Member; WHEREAS, the Financing Authority will remain a separate public entity and apart from the City, Successor Agency, and the Housing Authority; and WHEREAS, the Joint Exercise of Powers Agreement for the Financing Authority needs to be amended to include the Housing Authority as a Member and to remove the Successor Agency as a Member. NOW, THEREFORE, the BOARD of the SUCCESSOR AGENCY FOR THE CARSON REDEVELOPMENT AGENCY, does hereby ordain as follows: 01007.0001/268720.3 Resolution No. 15 -23 -CSA September 15, 2015 Page 1 of 3 FXNTRTT mn -� 11 Section 1. The foregoing recitals are true and correct and are incorporated by reference herein. Section 2. The Successor Agency Board ("Board") hereby agrees to accept the Housing Authority into the Financing Authority as a participating Member. Section 3. The Board further approves and adopts the Amended and Restated Joint Exercise of Powers Agreement for the Financing Authority, substantially in the form attached hereto as Exhibit A with such revisions, amendments, and completions as shall be approved by the Successor Agency Executive Director with the advice of the Successor Agency Counsel. Section 4. Any Responsible Officer of the Successor Agency is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. Section 5. The Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Carson Successor Agency Board on this day of , 2015. Chair Albert Robles ATTEST: Board Secretary Successor Agency Counsel 01007.00011268720.3 Resolution No. 15 -23 -CSA September 15, 2015 Page 2 of 3 W CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Board Secretary of the Successor Agency to the Carson Redevelopment Agency, hereby attest to and certify that the foregoing resolution is the original resolution adopted by the Successor Agency Board at its regular meeting held on the day of , 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Jim Dear, Board Secretary 01007.0001/268720.3 Resolution No. 15 -23 -CSA September 15, 2015 Page 3 of 3 13 RESOLUTION .15 -24 -CSA A RESOLUTION OF TH BO OF THE SUCCESSOR AGENCY OF THE CARSON REDS B3/ PMENT AGENCY WITHDRAWING FROM MEMBERSHIP 1N HE CARSON PUBLIC FINANCING AUTHORITY WHEREAS, the Carson Public Financing Authority ("Financing Authority") was created by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson ("City") and the Carson Redevelopment Agency ("former -RDA"); WHEREAS, the Carson City Council agreed to allow the Carson Housing Authority ("Housing Authority") to become a member of the Carson Public Financing Authority ("Financing Authority"); WHEREAS, the Successor Agency agreed to allow the Housing Authority to become a member of the Financing Authority and the Successor Agency now wishes to withdraw its membership; and WHEREAS, the Successor Agency does not have any outstanding obligations under the Carson Public Financing Authority Joint Exercise of Powers Agreement. NOW, THEREFORE, the BOARD of the SUCCESSOR AGENCY FOR THE CARSON REDEVELOPMENT AGENCY, does hereby ordain as follows: Section 1. The foregoing recitals are true and correct and are incorporated by reference herein. Section 2. The Successor Agency Board ("Board") hereby withdraws from the Carson Public Financing Authority and the Joint Exercise of Powers Agreement. Section 3. Any Responsible Officer of the Successor Agency is hereby authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. Section 4. The Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Carson Successor Agency Board on this day of , 2015. Chair Albert Robles 01007.0001/268737.2 Resolution No. 15 -24 -CSA September 15, 2015 Page 1 of 2 EXHIBIT NO. 4 14 ATTEST: Board Secretary APPROVED AS TO FORM: Successor Agency Counsel CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , the Board Secretary of the Successor Agency for the Carson Redevelopment Agency, hereby attest to and certify that the foregoing resolution is the original resolution adopted by the Successor Agency Board at its regular meeting held on the day of , 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Jim Dear, Board Secretary 01007.0001/268737.2 Resolution No. 15 -24 -CSA September 15, 2015 Page 2 of 2 M