ARA1993-11RESOLUTION NO. ARA93-11
A JOINT RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM AND THE ANAHEIM
REDEVELOPMENT AGENCY PROTESTING THE
STATE LEGISLATURE'S SCHEME SET FORTH
IN SENATE BILLS 617 AND 844 WHICH
REDIRECTS LOCAL REDEVELOPMENT PROPERTY
TAX INCREMENT TO FUND CONSTITUTIONALLY
MANDATED OBLIGATIONS OF THE STATE AND
DIRECTING THAT CERTAIN ACTIONS BE TAKEN
WITH REGARD THERETO.
WHEREAS, on September 3, 1992, the California State
Legislature approved Senate Bills 617 and 844 as urgency statutes
and, on September 14, 1992, the Governor approved Senate Bills
617 and 844; and
WHEREAS, the purpose of Senate Bills 617 and 844 is to
shift $1.3 billion in local property tax revenues from cities,
counties, special districts, and redevelopment agencies to a
newly created Educational Revenue Augmentation Fund ("ERAF") so
that the State could meet its constitutionally imposed obligation
to fund public education; and
WHEREAS, Senate Bills 617 and 844 will reduce the
property tax increment revenues available to California
redevelopment agencies in 1992-93 by $205 million; and
WHEREAS, with regard to the Anaheim Redevelopment
Agency ("Agency"), Senate Bills 617 and 844 require the Agency to
transfer to the Orange County ERAF $3,371,520.14 in local
property tax increment revenue in 1992-93, which otherwise would
have been available for purposes of local redevelopment
activities within the community; and
WHEREAS, the transfer of such amounts from the Agency
to the ERAF will seriously damage, impair and delay the Agency's
efforts in implementing the Redevelopment Plan(s) for the Alpha
Project Area; and
WHEREAS, Senate Bills 617 and 844 unfairly foist upon
local government in general, and redevelopment agencies in
particular, the State's constitutionally mandated obligation to
fund public education in California; and
WHEREAS, Senate Bill 617 and 844 are contrary to the
California Constitution and the California Community
Redevelopment Law (Government Code Section 33000 et seq.); and
WHEREAS, the Board of Directors of the California
Redevelopment Association recommends that California
redevelopment agencies support litigation brought by the City of
Alhambra and the Alhambra Redevelopment Agency contesting the
legality of Senate Bills 617 and 844, and requests that
California redevelopment agencies join in legal action and other
efforts to overturn Senate Bills 617 and 844.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
("City Council") AND THE ANAHEIM REDEVELOPMENT AGENCY DO HEREBY
JOINTLY RESOLVE AS FOLLOWS:
1. The City Council and Agency laud and support the
efforts of the California Redevelopment Association and the City
of Alhambra and the Alhambra Redevelopment Agency in their
pending and current legal challenges to Senate Bills 617 and 844.
2. The City Council and Agency hereby authorize the City
Attorney, at his discretion and as appropriate, to file and/or
join in other litigation filed or to be filed in challenging the
legality of Senate Bills 617 and 844.
3. The City Council and Agency hereby direct staff to
immediately contact county government and school district
officials and ask that they join in legal action and other
efforts to overturn Senate Bills 617 and 844. Money taken from
local government and given to schools has not given extra money
to the schools. Counties have likewise been hard hit by the
State's shift of State budget problems to local government. The
State must clean its own house and reduce its budget or increase
its revenues. The State Legislature should not evade its
responsibility to make these hard choices by taking money from
schools and local government to solve a State budget problem.
4. The City Council and Agency further direct that any
payment made by the Agency to the ERAF be made under protest and
that the City and Agency reserve their right to litigate the
legality of such payment.
5. The City Council directs the City Clerk to send a copy
of this resolution to the Governor's Office, the President of the
Senate, the Speaker of the Assembly and to all local legislators
that represent the City of Anaheim.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM this
15th day of 3une
, 1993 .
MAYO~ -
ATTEST:
City Clerk of the City of Anaheim
ADOPTED BY THE ANAHEIM REDEVELOPMENT AGENCY this
/~day of ~ , 1993.
Secretary
2007.1\JWHITE\June 2, 1993
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing
Resolution No. ARA93-11 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held
on the 15th day of June, 1993, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution
No. ARA93-11 on the 16th day of June, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16'th day of June, 1993.
SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY
(SEAL)