Loading...
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 2 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. 3 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 r Al/A O' ,f LINDA N. ANDAL, CITY CLE' 87874