RESOLUTION NO. 22-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES, ACTING BOTH FOR THE CITY AND FOR THE SUCCESSOR AGENCY TO THE HERCULES REDEVELOPMENT AGENCY PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE, ELECTING THAT THE CITY SHALL SERVE AS AN INTERIM HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY FOR A LIMITED PERIOD AND PURPOSE WHEREAS, pursuant to Assembly Bill 1X26 (Stats. 2011, 1st Ex. Sess., chap. 5), a new Part 1.85 was added to Division 24 of the California Health and Safety Code (Health and Safety Code Section 34170 et seq., the “Dissolution Act”) and, in accordance therewith, all redevelopment agencies in the State of California, including the Redevelopment Agency of the City of Hercules (the “Redevelopment Agency”), were dissolved on February 1, 2012; and WHEREAS, pursuant to the Dissolution Act, the City of Hercules became the successor agency (the “Successor Agency”) to the Hercules Redevelopment Agency, and, by operation of law under Section 34175(b) of the Dissolution Act, all assets, properties, contracts, leases, books and records, buildings, and equipment of the former Redevelopment Agency (the “redevelopment assets”) were transferred to the City of Hercules, as Successor Agency, on February 1, 2012; and WHEREAS, the redevelopment assets include assets associated with the former Redevelopment Agency’s obligations under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; the “CRL”) to increase, improve or preserve the community’s supply of low and moderate income housing available at affordable housing cost to persons and families of low and moderate income (the “housing assets”); and WHEREAS, Section 34176 of the Dissolution Act authorizes the City of Hercules to elect to retain the housing assets and functions previously performed by the Redevelopment Agency or, if the City of Hercules does not so elect, then, when there is one local housing authority in the territorial jurisdiction of the former redevelopment agency, the housing assets and functions are to be transferred to that local housing authority; and WHEREAS, the only local housing authority in the territorial jurisdiction of the former Redevelopment Agency is the Housing Authority of the County of Contra Costa; and WHEREAS, Resolution 12-005, adopted on January 10, 2012, the City of Hercules both (1) formally stated that it desired to serve as the Successor Agency and (2) elected not to retain the housing assets and functions previously performed by the former Redevelopment Agency; and WHEREAS, the Housing Authority of the County of Contra Costa has declined to assume responsibility for the housing assets and functions previously performed by the former Redevelopment Agency; and WHEREAS, since both the City of Hercules and the Housing Authority of the County of Contra Costa have each declined to assume responsibility of the housing assets and functions previously performed by the former Redevelopment Agency, there is currently no housing successor to the former Redevelopment Agency; and WHEREAS, in order to assist and better serve the property owners and residents of the City of Hercules, the City of Hercules now elects to serve as an interim housing successor to the former Redevelopment Agency for a limited period and purposes, or until an entity is able to assume responsibility for the housing assets and functions of the former Redevelopment Agency; and WHEREAS, pursuant to the Dissolution Act, the housing assets are to be retained by the City of Hercules as the interim housing successor.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hercules, acting both for the City and for the Successor Agency to the Hercules Redevelopment Agency pursuant to Part 1.85 of Division 24 of the California Health and Safety Code, does hereby resolve as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein.
Section 2. Election to Serve As Interim Housing Successor Agency. The City Council hereby finds and determines that the City of Hercules shall serve as the successor to the housing assets and functions of the former Redevelopment Agency pursuant to Health and Safety Code Section 34176. This action is being taken to mitigate the possibility that property owners and residents of the City of Hercules are being harmed by the lack of a housing successor and would be best served by the existence of a housing successor. The City therefore shall serve as an interim housing successor for a limited period of time and for limited purposes consistent with the intent of this Resolution.
Section 3. Administration of Housing Assets for Limited Purposes. The City Council hereby finds and determined that the housing assets will be administered by the City of Hercules as the interim housing successor to the Hercules Redevelopment Agency. The City Council designates that the housing assets shall be administered by the City Manager or his designee(s) in order to, among other administrative actions, facilitate the collection of loan payments, execute loan subordinations, and enable borrowers to pay off loans upon sale or refinance of homes.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13th day of September 2022, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Dion Bailey, Mayor
ATTEST:
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Lauren Berges, City Clerk/PIO