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RESOLUTION NO. CRA 2006-002
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA
ANA AMENDING SECTION 10.5 OF THE AGENCY'S.
BYLAWS.
BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA AS FOllOWS:
Section 1. The Board of the Community Redevelopment Agency of the City of
Santa Ana hereby finds, determines and declares as follows:
A. On April 16, 1985, the Agency added Section 10.5 to its Bylaws requiring
the affirmative vote of at least five (5) Agency Board members to approve any contract
which directly or indirectly obligates the Agency to acquire any interest in real property.
B. This provision was added to prevent only a majority of the Agency
members from approving an agreement, such as a disposition and development
agreement or owner participation agreement that contemplated potential future exercise
of eminent domain which, by State law, would require the affirmative vote of at least five
(5) Agency Board members. In that situation, the purpose of such agreement could be
severely frustrated, potentially exposing the Agency to risk for failure to perform all of
the terms.
C. The vast majority of real estate agreements approved by the Agency are
entirely voluntary and do not contemplate the exercise of the power of eminent domain.
In several project areas the Agency's powers of condemnation have expired rendering
application of Section 10.5 unnecessary.
D. The Agency Board supports and reaffirms the policy underlying Section
10.5 that agreements requiring future consideration of a resolution of necessity be
supported by at least as many Agency Board members as necessary to adopt such
resolution in the future.
E. Seven (7) days advance written notice of said amendment has been given
to the members of the Agency by the Executive Director of the Agency. .
Section 2. Section 10.5 of the Bylaws of the Community Redevelopment Agency
of the City of Santa Ana is hereby amended to read as follows:
"Section 10.5
Special votinQ requirement for certain land
acquisition contracts.
Any motion or resolution to approve a contract
that requires or obligates the Agency' to
consider a resolution of necessity for the
acquisition of real estate through the exercise
of the Agency's powers of eminent domain
Resolution No. eRA 2006-002
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requires the affirmative vote of at least five (5)
members of the Agency."
Section 3. This Resolution shall take effect immediately upon its adoption by
the Agency Board., The Secretary of the Agency shall attest to and certify the vote
adopting this Resolution.
ADOPTED this 1 yth day of January, 2006.
APPROVED AS TO FORM:
Joseph W. Fletcher
Agenc Gene
AYES:
Boardmembers: Bustamante.Garcia, Pulido, Solorio (4)
NOES:
Boardmembers: Bist. Alvarez (2)
ABSTAIN:
Boardmembers: Christy (1)
NOT PRESENT: Boardmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Secretary of the Agency, do hereby attest to and certify the
attached Resolution No. 2006-002 to be the original resolution adopted by the
Community Redevelopment Agency of the City of Santa Ana on Janua 17 2006.
Date: / /1 g'/91,
I /
(~~
Recording Secretary
Community Redevelopment Agency
City of Santa Ana
Resolution No. eRA 2006-002
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