AHA-2012-001 RESOLUTION NO. AHA -2012 -001
A RESOLUTION OF THE GOVERNING BOARD OF THE
ANAHEIM HOUSING AUTHORITY ELECTING UNDER
PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH
AND SAFETY CODE TO ASSUME THE HOUSING ASSETS
AND FUNCTIONS PREVIOUSLY HELD AND 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 of the former redevelopment
agency, then the City may select the 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 has elected
not 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 hereby desires to accept the
City's selection and elects to have the Housing Authority assume the housing assets and
functions previously held and performed by the Agency effective upon dissolution of the
Agency; and
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WHEREAS, the governing board of the Housing Authority has duly considered all other
related matters and has determined that accepting the City's selection and its election under Part
1.85 of the CRL to assume the housing assets and functions previously performed by the Agency
upon dissolution of the Agency is in the best interests of the Housing Authority, 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 GOVERNING BOARD OF THE HOUSING AUTHORITY
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 Part 1.85 of the CRL, the governing board of the Housing
Authority hereby elects to have the Housing Authority assume the housing assets and functions
previously held and performed by the Agency effective upon the dissolution of the Agency. To
that end and effective upon dissolution of the Agency, the governing board of the Housing
Authority hereby assumes all rights, powers, assets, liabilities, duties, and obligations associated
with the housing activities of the Agency.
Section 3. The Executive Director of the Housing Authority is hereby authorized and
directed to perform any and all duties 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 purposes of this Resolution and to
administer the Housing Authority's obligations, responsibilities and duties to be performed
hereunder and under Part 1.85 of the CRL (as said Part may hereafter be amended) and the Housing
Authorities Law.
Section 4. If and to the extent any prior resolutions of the governing board of the
Housing Authority are inconsistent or in conflict with the subject matter of this Resolution, then
such prior resolutions are hereby repealed and the terms and provisions of this Resolution shall
control and govern the subject matter hereof.
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THE FOREGOING RESOLUTION is approved and adopted by the governing board of
the Anaheim Housing Authority this 24th day of January , 2012, by the following roll
call vote:
AYES: Chairman Tait, Authority Members Galloway, Sidhu, Eastman, Murray
NOES: None
ABSENT: None
ABSTAIN: None
ANAHEIM H G AUTHORITY
CHAIRMA
ATTEST:
411
gai L i/ (1L
SECRETARY i F TH ANAH IM HOUSING
AUTHORITY
87873
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