RES-2011-135 RESOLUTION NO. 2011 -135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE AGREEMENT TO TRANSFER
TAX INCREMENT BY AND BETWEEN THE CITY OF
ANAHEIM AND THE ANAHEIM REDEVELOPMENT
AGENCY FOR TRANSFER TO THE COUNTY OF ORANGE
AS REQUIRED BY AB 27 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment ( "Agency ") is a community redevelopment
agency organized and existing under the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.; herein referred to as the "CRL "), and has been authorized to
transact business and exercise the powers of a redevelopment agency pursuant to action of the
City Council ( "City Council ") of the City of Anaheim ( "City "); and
WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out
the Amended and Restated Redevelopment Plan ( "Redevelopment Plan") for the Anaheim
Merged Project Area ( "Redevelopment Project ") which was adopted by and through a series of
ordinances of the City Council of the City, specifically Ordinance Nos. 5913, 5914, 5915, 5916,
5917, 5918, 5973, and 6034; and
WHEREAS, the California State Legislature, in conjunction with the FY 2011 -2012 State
budget, passed Assembly Bill X1 26 and Assembly Bill X1 27 ( "AB 26" and "AB 27 ",
respectively) on June 15, 2011, which were approved by the Governor on June 28, 2011 and
chaptered by the Secretary of State on June 29, 2011; and
WHEREAS, AB 26 amends specified provisions of the CRL and adds Parts 1.8 and 1.85,
which immediately suspended most of the authority of redevelopment agencies and provides for
their dissolution as of October 1, 2011; and
WHEREAS, AB 27 added Part 1.9 to the CRL, which establishes a Voluntary Alternative
Redevelopment Program ( "VARP "), whereby a redevelopment agency may be exempted from
dissolution under Parts 1.8 and 1.85 and may continue to exist and function under the CRL upon
the enactment of an ordinance by the legislative body that created that redevelopment agency,
thereby committing itself to comply with the provisions of Part 1.9 and to make annual
remittance payments to the County Auditor - Controller ( "County "); and
WHEREAS, upon the finding and determination that the dissolution of the Agency would
be detrimental to the health, safety, and economic well -being of the residents of the City and
cause irreparable harm to the community, the City Council of the City of Anaheim elected to
comply with and participate in the VARP by the adoption of Ordinance No. 6217 on July 19,
2011, as required by Part 1.9, in order to allow the Agency to continue in operation and perform
its functions (the "Ordinance "); and
WHEREAS, by the adoption of the Ordinance and as a condition of the Agency's
continued existence and operation, the City is required to make certain annual remittances to the
County pursuant to Chapter 3 of Part 1.9, beginning with Fiscal Year 2011 -12, to finance
activities within the Redevelopment Project that are related to accomplishing the goals of the
Redevelopment Plan for the Redevelopment Project; and
WHEREAS, Part 1.9 provides that the California Department of Finance ( "DOF ") is to
calculate the amount of the City's remittance for Fiscal Year 2011 -12 pursuant to a formula set
forth therein. On August 1, 2011, the DOF informed the City that it will be required to pay to
the County the sum of $17,450,584.00 for Fiscal Year 2011 -12, one -half of which is due and
payable on January 15, 2012 and the other one -half of which is due and payable 011 May 15,
2012 ( "First Remittance "); and
WHEREAS, Part 1.9 authorizes the City to enter into an agreement with the Agency
whereby the Agency would, on an annual basis, transfer tax increment to the City in an amount
not to exceed the amount of the City's remittance payment to the County for the purposes of
financing activities within the City's Redevelopment Project that are related to accomplishing the
goals of the Redevelopment Plan for the Redevelopment Project; and
WHEREAS, the City and Agency desire to enter into an agreement pursuant to CRL
Section 34194.2, whereby the Agency agrees to make an initial transfer of a portion of its tax
increment to the City in an amount equal to the First Remittance, and thereafter transfer amounts
of tax increment equal to any subsequent remittance which the City is required to make to the
County pursuant to the City's participation in the VARP ( "Agreement to Transfer Tax
Increment "); and
WHEREAS, the City expects it will have sufficient moneys and revenues to fund an
amount equal to the City's payment of the First Remittance and further expects to have sufficient
moneys and revenues to fund the subsequent annual remittances required by Part 1.9; and
WHEREAS, the City's needs are such that it can commit to spend the funds received
from the Agency pursuant to the Agreement to Transfer Tax Increment to finance activities
within the Redevelopment Project that are related to accomplishing the goals of the
Redevelopment Plan for the Redevelopment Project; and
WHEREAS, the City Council acknowledges that the validity, passage, and applicability
of AB 26 and AB 27 is the subject of judicial challenge(s), including the action brought by the
California Redevelopment Association ( "CRA ") and the League of California Cities in their own
capacity and on behalf of their members: California Redevelopment Association, et al v. Ana
Matosantos, et al (the "CRA Action "); and
WHEREAS, the City Council, by the adoption of this resolution, does not represent,
disclaim, or take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27,
but rather the City Council seeks to comply with the Constitution and laws of the State of
California, including Part 1.9, in order to preserve the ability of the Agency to continue to
operate and thereby benefit the community and for the purpose of accomplishing the goals of the
Redevelopment Plan for the Redevelopment Project; and
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WHEREAS, the City Council has duly considered all other related matters and has
determined that entering into the Agreement to Transfer Tax Increment is in the best interests of
the City, and the health, safety, and welfare of its residents, and in accord with the public
purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The foregoing recitals are incorporated into this resolution by this
reference, and constitute a material part of this resolution.
Section 2. That certain Agreement to Transfer Tax Increment to be entered into
pursuant to CRL Section 34194.2, between the Agency and City in the form presented at this
meeting is hereby approved and the City Manager is hereby authorized and directed to execute
said agreement and to administer said agreement in accordance with its terms.
Section 3. This Resolution shall be effective immediately upon adoption.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 27th day of September 2011, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ANAHEIM
/t
MAY R OF THE CITY OF ANAHEIM
ATTEST,
A
AdAtAt fati.9.411
CITY C ERK OF THE TY OF A AHEIM
86007.2
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