RES-2012-008 RESOLUTION NO. 2012- 008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ELECTING UNDER PART 1.85 OF DIVISION 24
OF THE CALIFORNIA HEALTH AND SAFETY CODE NOT
TO RETAIN THE HOUSING ASSETS AND FUNCTIONS
PREVIOUSLY PERFORMED BY THE ANAHEIM
REDEVELOPMENT AGENCY UPON DISSOLUTION OF THE
ANAHEIM REDEVELOPMENT AGENCY.
WHEREAS, the Anaheim Housing Authority ( "Housing Authority ") is a public body,
corporate and politic, organized and existing under the Housing Authorities Law (commencing at
Section 34200 of the California Health and Safety Code; herein referred to as the "Housing
Authorities Law "), and authorized to transact business and exercise the powers of a housing
authority in the territorial jurisdiction of the City of Anaheim ( "City ") pursuant to action of the
City Council ( "City Council ") of the City; and
WHEREAS, the Anaheim Redevelopment ( "Agency ") is a community redevelopment
agency organized and existing under the California Community Redevelopment Law
(commencing at Section 33000 of the California Health and Safety Code; 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 of the 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, and which activities have included the responsibility
for performing housing functions specified in the Redevelopment Plan and pursuant to applicable
provisions of the CRL; and
WHEREAS, the California State Legislature, in conjunction with the Fiscal Year 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 amended specified provisions of the CRL and added Parts 1.8 and
1.85 of Division 24 of the Health and Safety Code, which immediately suspended most of the
authority of redevelopment agencies and provided for their dissolution; and
WHEREAS, AB 27 added Part 1.9 to the CRL, which established a Voluntary
Alternative Redevelopment Program, whereby a redevelopment agency was able to be exempt
from dissolution under AB 26 and could 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 AB 27 and to make annual remittance
payments to the County Auditor - Controller; and
WHEREAS, the validity, passage, and applicability of AB 26 and AB 27 were the
subjects of a judicial challenge brought by the California Redevelopment Association ( "CRA ")
and the League of California Cities in their own capacity and on behalf of their members in
California Redevelopment Association, et al. v. Ana Matosantos, et al. (the "CRA Action "); and
WHEREAS, the California Supreme Court delivered its decision in the CRA Action on
December 29, 2011, finding AB 26 constitutional and AB 27 unconstitutional, meaning that all
redevelopment agencies, including the Agency, will be dissolved under AB 26 and none will
have the opportunity to be exempt from dissolution and continue to exist and function under the
CRL by opting into the Voluntary Alternative Redevelopment Program under AB 27; and
WHEREAS, Part 1.85 of the CRL and, specifically, subparagraph (a) of Section 34176
thereof provide that, upon dissolution of all redevelopment agencies, the city, county or city and
county that authorized the creation of a redevelopment agency may elect to retain the housing
assets and functions previously performed by the redevelopment agency upon dissolution of the
redevelopment agency, in which event all rights, powers, duties, and obligations, excluding any
amounts on deposit in the redevelopment agency's Low and Moderate Income Housing Fund,
shall be transferred to the city, county or city and county; and
WHEREAS, Part 1.85 of the CRL and, specifically, subparagraph (b) of Section 34176
thereof further provide that, if a city, county, or city and county does not elect to retain the
responsibility for performing housing functions previously performed by a redevelopment
agency following its dissolution, all rights, powers, assets, liabilities, duties, and obligations
associated with the housing activities of the redevelopment agency, excluding any amounts on
deposit in the redevelopment agency's Low and Moderate Income Housing Fund, shall be
transferred to a local housing authority where there is a local housing authority in the territorial
jurisdiction of the former redevelopment agency, and further provides that, if there are two or
more local housing authorities within the territorial jurisdiction, then the City may select the
local housing authority to assume the housing assets and functions; and
WHEREAS, both the Anaheim Housing Authority and the Orange County Housing
Authority exist within the territorial jurisdiction of the Agency; and
WHEREAS, pursuant to Part 1.85 of the CRL, the City Council of the City desires not to
elect to retain the responsibility for performing housing functions previously performed by the
Agency following its dissolution in favor of selecting and allowing the Housing Authority to
assume such housing assets and functions and to so act; and
WHEREAS, the governing board of the Housing Authority has elected, or will elect, to
have the Housing Authority retain the housing assets and functions previously performed by the
Agency effective upon dissolution of the Agency; and
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WHEREAS, effective upon dissolution of the Agency, the City Council has elected to
have the City serve as the "successor agency" to the Agency under Part 1.85 of the CRL, at
which time the City is required to, among other duties, effectuate the transfer of housing
functions and assets to the appropriate entity designated pursuant to Section 34176 of the CRL;
and
WHEREAS, the City Council has duly considered all other related matters and has
determined that its election under Part 1.85 of the CRL not to retain the housing assets and
functions previously performed by the Agency upon dissolution of the Agency but to select the
Housing Authority to make such election and assume such housing assets and functions, is in the
best interests of the City, and the health, safety, and welfare of the City's residents, and in accord
with the public purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
RESOLVE AS FOLLOWS:
Section 1. The foregoing Recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
Section 2. Pursuant to the authority set forth in subparagraph (b) of Section 34176 of
the CRL and by the adoption of this Resolution, the City Council hereby elects not to have the
City retain the responsibility for performing housing functions previously held and performed by
the Agency following dissolution of the Agency but, instead, hereby selects the Housing
Authority to make such election and assume such housing functions and assets.
Section 3. At such time as the City becomes the successor agency to the Agency
upon its dissolution and provided the governing board of the Housing Authority elects to have
the Housing Authority retain the housing assets and functions previously performed by the
Agency, the Executive Director of the Community Development Department of the City is
hereby authorized and directed to do any and all things and to execute and deliver any and all
documents, deeds and instruments which, in consultation with the City Attorney (or her duly
authorized designee), he may deem necessary or advisable in order to effectuate the transfer of
all housing functions and assets to the Housing Authority and to administer the City's obligations,
responsibilities and duties as the successor agency to be performed under this Resolution and Part
1.85 of the CRL, as said Part may hereafter be amended.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF ANAHEIM THIS 24th DAY OF January,
2012, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Tait, Council Members Galloway, Sidhu, Eastman and Murray
NOES: None
ABSTAIN: None
( ;/4; "
TOM TAIT, AYOR
ATTES
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LINDA N. ANDAL, CITY CLE'
87874