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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 2 ( "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. 3 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 4