RES-2012-068 RESOLUTION NO. 2012 -068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, AS THE SUCCESSOR AGENCY TO THE
ANAHEIM REDEVELOPMENT AGENCY, AUTHORIZING
THE TRANSFER TO THE ANAHEIM HOUSING AUTHORITY
OF THE HOUSING RESPONSIBILITIES AND ALL RIGHTS,
POWERS, DUTIES, AND OBLIGATIONS ALONG WITH THE
HOUSING ASSETS OF THE FORMER ANAHEIM
REDEVELOPMENT AGENCY AND ANY AMOUNTS ON
DEPOSIT IN THE LOW AND MODERATE INCOME
HOUSING FUND TO THE ANAHEIM HOUSING
AUTHORITY PURSUANT TO SECTIONS 34177 AND 34181
OF THE CALIFORNIA HEALTH AND SAFETY CODE.
WHEREAS, prior to February 1, 2012, the Anaheim Redevelopment Agency (herein
referred to interchangeably as the "Agency" or the "dissolved Anaheim Redevelopment
Agency ") was a community redevelopment agency duly organized and existing under the
California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.) and
was 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, Assembly Bill X1 26, which was passed by the California State Legislature,
approved by the Governor on June 28, 2011, and chaptered by the Secretary of State on June 29,
2011, added Parts 1.8 and 1.85 to Division 24 of the California Health & Safety Code, which
laws caused the dissolution and wind down of all redevelopment agencies ( "Dissolution Act ");
and
WHEREAS, on December 29, 2011, in the petition California Redevelopment
Association v. Matosantos (Case No. S194861), the California Supreme Court upheld the
Dissolution Act, which had the effect of dissolving all redevelopment agencies in California,
including the Agency, as of February 1, 2012; and
WHEREAS, as of, on and after February 1, 2012, the Agency became a dissolved
community redevelopment agency pursuant to the Dissolution Act; and
WHEREAS, by the adoption of its Resolution No. 2012 -001 on January 10, 2012, the
City Council elected to have the City serve as the "Successor Agency" to the dissolved Anaheim
Redevelopment Agency under the Dissolution Act, thereby assuming all authority, rights,
powers, duties, and obligations previously vested with the Agency under the California
Community Redevelopment Law, effective upon dissolution of the Agency on February 1, 2012;
and
WHEREAS, as of, on, and after February 1, 2012, the City began to perform and will
continue to perform its functions as the Successor Agency to the dissolved Anaheim
Redevelopment Agency under the Dissolution Act to administer the enforceable obligations of
the Agency and otherwise unwind the Agency's affairs, all subject to the review and approval by
a seven - member "Oversight Board" formed thereunder; and
WHEREAS, in functioning as the Successor Agency, the City Council and City are
serving and acting in a role established by and carrying out functions pursuant to the Dissolution
Act, which duties are distinct from the City Council and City's powers as a municipal
corporation and charter city under the City's Charter, California laws, and the California
Constitution; and
WHEREAS, the Oversight Board of the Successor Agency to the Anaheim
Redevelopment Agency ( "Oversight Board ") has been duly organized and is exercising the
powers of an Oversight Board pursuant to the Dissolution Act, having held its first
organizational meeting on April 10, 2012; and
WHEREAS, by Resolution No. 2012 -008, considered and approved at an open and
public meeting on January 24, 2012, the City Council elected not to have the City retain the
responsibility for performing housing functions previously performed by the Agency following
dissolution of the Agency and, instead, allowed the Anaheim Housing Authority to make the
election authorized under the Dissolution Act to retain the housing assets and functions
previously performed by the Agency (herein referred to as the "Prior Resolution "); and
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), and authorized to transact business and
exercise the powers of a housing authority in the territorial jurisdiction of the City of Anaheim
pursuant to action of the City Council; and
WHEREAS, by Resolution No. AHA- 2012 -001, considered and approved at an open
public meeting on January 24, 2012, the governing board of the Housing Authority elected to
have the Housing Authority assume the housing assets and housing functions previously held
and performed by the dissolved Anaheim Redevelopment Agency effective upon dissolution of
the Agency pursuant to the Dissolution Act; and
WHEREAS, prior to dissolution of the Agency, staff of the former Agency prepared a
memorandum, consisting of an inventory of assets and obligations that were transferred to the
Housing Authority effective upon dissolution of the Agency (the "Exit Memorandum ") under the
assumption that such a transfer occurred under the Dissolution Act by operation of law; and
WHEREAS, notwithstanding the aforementioned resolution of the governing board of the
Housing Authority electing to assume the housing assets and functions of the former Agency,
title companies have advised that, before title insurance may be issued for transfers of said
housing assets to third parties, they will require (i) a resolution of the Oversight Board directing
the City of Anaheim, as the Successor Agency to the dissolved Anaheim Redevelopment Agency
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( "Successor Agency "), to transfer housing responsibilities and all rights, powers duties, and
obligations, along with housing assets of the dissolved Anaheim Redevelopment Agency, to the
Housing Authority, (ii) a resolution of the Successor Agency effectuating the transfer of housing
functions and assets to the Housing Authority, and (iii) deeds conveying the housing assets from
the Successor Agency to the Housing Authority; and
WHEREAS, Section 34181 of the Dissolution Act requires the Oversight Board to direct
the Successor Agency to "[t]ransfer housing responsibilities and all rights, powers, duties, and
obligations along with any amounts on deposit in the Low and Moderate Income Housing fund
to the appropriate entity pursuant to Section 34176" of the Dissolution Act (i.e., to the Housing
Authority); and
WHEREAS, subdivision (g) of Section 34177 of the Dissolution Act requires the
Successor Agency to "[e]ffectuate transfer of housing functions and assets to the appropriate
entity designated pursuant to Section 34176" of the Dissolution Act (i.e., to the Housing
Authority); and
WHEREAS, by resolution adopted by the Oversight Board on May 31, 2012 and
pursuant to the authority conferred upon it by Section 34181 of the Dissolution Act, the
Oversight Board has directed the Successor Agency to transfer the housing responsibilities and
all rights, powers, duties, and obligations, along with the housing assets of the dissolved
Anaheim Redevelopment Agency and any amounts on deposit in the Low and Moderate Income
Housing fund, to the Housing Authority (herein referred to as the "Oversight Board
Resolution "); and
WHEREAS, pursuant to the authority conferred upon it by subdivision (g) of Section
34177 of the Dissolution Act and by the adoption of the Prior Resolution, this City Council, in its
capacity as the Successor Agency to the dissolved Anaheim Redevelopment Agency, has
previously authorized and directed the Executive Director of the City's Community
Development Department 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
WHEREAS, this City Council, in its capacity as the Successor Agency to the dissolved
Anaheim Redevelopment Agency, hereby desires to acknowledge the direction given to it by the
Oversight Board in the Oversight Board Resolution and to confirm and ratify the provisions of
the Prior Resolution, which authorized the transfer of the housing functions and assets of the
dissolved Anaheim Redevelopment Agency to the Housing Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANAHEIM, AS THE SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT
AGENCY, AS FOLLOWS:
Section 1. The foregoing recitals are incorporated into this Resolution by this
reference and constitute a material part hereof.
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Section 2. This City Council acknowledges the direction given to it by the Oversight
Board in the Oversight Board Resolution to effectuate the transfer of housing functions and
assets of the dissolved Anaheim Redevelopment Agency to the Housing Authority.
Section 3. By the adoption of this Resolution, the City Council, in its capacity as the
Successor Agency to the dissolved Anaheim Redevelopment Agency, hereby confirms and
ratifies the Prior Resolution and, to that end, reaffirms the authorization and direction contained
in the Prior Resolution given to the Executive Director of the City's Community Development
Department to effectuate the transfer of the housing functions and assets of the dissolved
Anaheim Redevelopment Agency.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED
BY THE CITY COUNCIL OF THE CITY OF ANAHEIM, AS THE SUCCESSOR
AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY, THIS 1 9th
DAY OF June , 2012, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSTAIN: None
ABSENT: None
Tom ait, Mayor
ATTEST:
O / IP
Linda N. Andal, City Clerk
89914.2
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