HomeMy WebLinkAbout2012-002 - The Successor Housing Agency Pursuant to Health and Safety Code Section 341761-9-12 LES REVISED
RESOLUTION NO. 2012-002
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA DESIGNATING THE CITY OF
SANTA ANA AS THE SUCCESSOR AGENCY FOR
THE FORMER COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA PURSUANT
TO HEALTH AND SAFETY CODE SECTION 34173
AND DESIGNATING THE HOUSING AUTHORITY OF
THE CITY OF SANTA ANA AS THE SUCCESSOR
HOUSING AGENCY PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34176
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana conclusively finds, determines
and declares as follows:
A. The California Supreme Court's decision in the recent California
Redevelopment Agency v. Matosantos case upheld A61X 26 which will now control the
dissolution and winding down of every California redevelopment agency, and declared
unconstitutional AB1X 27 which would have enabled agencies to remain in operation as
long as they made specified annual payments to the state.
B. Pursuant to section 34173 of the California Health & Safety Code, the City
may elect to serve as the Successor Agency for the former Community Redevelopment
Agency of the City of Santa Ana ("Agency"). The Successor Agency will administer the
dissolution of the Agency, including the disposition of all assets, properties, contracts,
leases, records, buildings and equipment of the former Agency.
C. Pursuant to section 34176 of the California Health & Safety Code, the City
may elect to assume the housing assets and functions previously performed by the
Agency or may select the local housing authority that is in the territorial jurisdiction of the
former Agency. Thus, the City can select the Housing Authority of the City of Santa Ana
to receive the housing assets of the Agency and to perform housing functions (including
all rights, powers, duties and obligations) previously performed by the Agency.
D. Health and Safety Code Section 34173(e) provides that "the liability of any
successor agency, acting pursuant to the powers granted under the act adding this part,
shall be limited to the extent of the total sum of property tax revenues it receives
pursuant to this part and the value of assets transferred to it as a successor agency for a
dissolved redevelopment agency." Thus, the City's obligations as Successor Agency
are limited by the amount of property taxes and the value of assets it receives in its role
as the Successor Agency.
E. By taking on the housing functions of the former Agency, the Housing
Authority may incur obligations relating to the development and/or monitoring of
Resolution No. 2012-002
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affordable housing units; however, the Housing Authority is also expected to receive
certain housing assets of the Agency. The law is unclear as to the full extent of the
obligations that may be imposed on the Housing Authority, acting as the Housing
Successor Agency, and the character of the assets that will be transferred to the
Housing Authority in such role.
F. Section 34179 of the California Health & Safety Code describes the
oversight board that shall be created on or before May 1, 2012. The City shall proceed
to work with the County and other entities to fill the required positions on said board.
Section 2. The City of Santa Ana hereby elects to act as the Successor Agency for
the former Agency.
Section 3. The City of Santa Ana hereby selects the Housing Authority of the City of
Santa Ana to assume the housing assets and functions previously performed by the Agency
and to act as the Successor Housing Agency for the former Agency.
Section 4. The Council hereby directs City staff to work with the County and other
entities to establish the oversight board in accordance with Section 34179 of the California
Health & Safety Code.
Section 5. The City Manager is hereby authorized and directed to take such other
and further actions, and sign such other and further documents, as are necessary and proper
in order to implement this Resolution on behalf of the City.
Section 6. This Resolution shall take effect immediately upon its adoption by the City
Council, and the Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
Resolution No. 2012-002
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1-9-12 LES REVISED
ADOPTED this 9th day of January, 2012.
Mayor
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
Lisa E. Storck
Assistant City Attorney
YES: Councilmembers:
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers:
Bustamante, Martinez, Pulido, Sarmiento (4)
None (0)
None (0)
Alvarez, Benavides, Tinaiero (3)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution
No. 2012-002 to be the original resolution adopted by the City Council of the City of Santa Ana
on January 9, 2012.
Date: bt ~I o /~.v r Z, ~ ~,.~- 1~ . f7~~ .~~
Clerk of Council
City of Santa Ana
Resolution No. 2012-002
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