RES-2012-105 RESOLUTION NO. 2012 - 105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, ACTING AS THE SUCCESSOR AGENCY TO THE
ANAHEIM REDEVELOPMENT AGENCY, AUTHORIZING
AND DIRECTING THE EXECUTIVE DIRECTOR OF THE
COMMUNITY DEVELOPMENT DEPARTMENT TO
REPRESENT THE CITY, ACTING IN ITS CAPACITY AS THE
SUCCESSOR AGENCY TO THE ANAHEIM
REDEVELOPMENT AGENCY, IN MATTERS PERTAINING
TO THE REDEVELOPMENT DISSOLUTION ACT, AS
AMENDED.
WHEREAS, prior to February 1, 2012, the Anaheim Redevelopment Agency (herein
referred to interchangeably as the "Agency" or the "dissolved 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 xl 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 (herein referred to as
the "Dissolution Act "); and
WHEREAS, on December 29, 2011, in the petition California Redevelopment
Association v. Matosantos, the California Supreme Court upheld the Dissolution Act, which had
the effect of dissolving all redevelopment agencies in California as of and on 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 Resolution No. 2012 -001, considered and approved by the City Council
at an open public meeting on January 10, 2012, the City Council elected to have the City serve as
the "Successor Agency" to the dissolved 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 and on behalf of the Successor Agency to the dissolved
Agency under the Dissolution Act to administer the enforceable obligations of the Agency and
otherwise unwind the dissolved Agency's affairs, all subject to the review and approval by a
seven - member "Oversight Board" formed thereunder; and
WHEREAS, as part of the Fiscal Year 2012 -13 State budget package, on June 27, 2012,
the California State Legislature passed, and the Governor signed, Assembly Bill 1484 (herein
referred to as "AB 1484 "), the primary purpose of which was to make technical and substantive
amendments to the Dissolution Act based upon experience to -date at the state and local level in
implementing the Dissolution Act. As a budget trailer bill, AB 1484 took immediate effect upon
signature by the Governor; and
WHEREAS, the City, as Successor Agency to the dissolved Agency, is required to
perform certain duties and obligations under the Dissolution Act, as amended by AB 1484, to
administer the enforceable obligations of the dissolved Agency and otherwise unwind the
dissolved Agency's affairs, including, but not limited to, the preparation and adoption of periodic
Recognized Obligation Payment Schedules and other matters described in Sections 34177,
34179.5, 34179.6 and 34181 of the California Health and Safety Code, all subject to the review
and approval by the Oversight Board of the Successor Agency to the dissolved Agency (herein
referred to as the "Oversight Board "); and
WHEREAS, the City Council, serving as, and on behalf of, the Successor Agency to the
dissolved Agency, desires to authorize the Executive Director of the Community Development
Department (or his designee) (herein referred to as the "Executive Director ") to take certain
actions for and on behalf of the City, in its capacity as the Successor Agency to the dissolved
Agency, in the manner hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, SERVING AS
AND ON BEHALF OF 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.
Section 2. Whenever reference is made in the Dissolution Act, as amended by AB
1484, and as the same may be amended from time to time (herein referred to collectively as the
"Dissolution Act, as Amended "), to an action or approval to be undertaken by the Successor
Agency, the Executive Director is authorized to act, subject to the approval of the Oversight
Board and in compliance in all respects with the requirements of the Dissolution Act, as
Amended, unless this Resolution or the Dissolution Act, as Amended, specifically provide
otherwise or the context should otherwise require.
Section 3. Without the prior approval and authorization of both the City Council,
serving as, and on behalf of, the Successor Agency in its capacity as the Successor Agency to the
dissolved Agency, and the Oversight Board in accordance with the requirements of the
Dissolution Act, as Amended, the Executive Director shall lack the authority to, and shall not,
obligate or commit the City, acting in its capacity as the Successor Agency to the dissolved
Agency, to any of the transactions described in subdivision (e) of Section 34177, subdivisions
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(a), (b), (d), (e), (f), (h) and (i) of Section 34180, and subdivisions (a), (b), (d) and (e) of Section
34181 of the California Health and Safety Code.
Section 4. The Executive Director is further authorized and directed for and on
behalf of the City, as Successor Agency to the dissolved Agency, to take any and all actions and
execute and deliver any and all documents and instruments which he may deem necessary and
advisable to effectuate the purposes of this Resolution and in compliance in all respects with the
requirements of the Dissolution Act, as Amended.
Section 5. This Resolution shall be effective immediately upon adoption.
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THE FOREGOING RESOLUTION IS APPROVED AND ADOPTED BY THE CITY
COUNCIL OF THE CITY OF ANAHEIM, SERVING AS AND ON BEHALF OF THE
SUCCESSOR AGENCY TO THE FORMER ANAHEIM REDEVELOPMENT AGENCY,
THIS 21st DAY OF August , 2012, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM, AS THE
SUCCESSOR AGENCY TO THE
ANAHEIM REDEVELOPMENT
AGENCY
.--- 2 27—
CHAIRMAN
ATTEST:
SECRETARY
91113
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