Loading...
RES-10626 Retaining Housing Assets & FunctionsRESOLUTION NO. 10626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ELECTING TO RETAIN THE HOUSING ASSETS AND FUNCTIONS OF THE ORANGE REDEVELOPMENT AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE HEALTH AND SAFETY CODE SUBJECT TO RESERVATIONS HEREIN STATED. WHEREAS, the City of Orange formed the Orange Redevelopment Agency, which has continuously engaged in redevelopment activities under the Community Redevelopment Law (Health and Safety Code sections 33000 et seq.); and WHEREAS, Sections 33334.2 and 33334.3 of the Community Redevelopment Law require the Orange Redevelopment Agency to use 20 percent of taxes allocated to the Orange Redevelopment Agency pursuant to Section 33670 of the CRL for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing ( "Low and Moderate Income Housing Fund "); and WHEREAS, the Orange Redevelopment Agency has continuously utilized its Low and Moderate Income Housing Fund for the purpose of increasing, improving and preserving the community's supply of low- and moderate - income housing available at affordable housing cost; and WHEREAS, by enactment of Part 1.85 of Division 24 of the Health and Safety Code, subject to all reservations herein stated, the Orange Redevelopment Agency is subject to dissolution on February 1, 2012 such that the Orange Redevelopment Agency shall be deemed as a former redevelopment agency under Health and Safety Code section 34173(a); and WHEREAS, subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City Council of the City of Orange desires to retain, without limitation, all of the housing assets, rights, powers, duties, obligations, and functions previously performed by the Orange Redevelopment Agency upon the dissolution of the Orange Redevelopment Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418; and WHEREAS, the City Council of the City of Orange hereby desires to adopt this Resolution, subject to the express reservation of rights of the City of Orange and Orange Redevelopment Agency under law and/or equity, including without limitation the effectiveness of Assembly Bill No. 26 (2011 -2012 I Ex. Sess.) ( "AB lx 26 ") collectively, "Laws "); and WHEREAS, the City Council of the City of Orange does not intend by adoption of this resolution to waive any constitutional and/or legal rights under law and /or equity, including without limitation, the effectiveness of AB lx 26, by virtue of the adoption of this Resolution and therefore reserves all of its rights under Laws to challenge the applicability of AB lx 26 to the Orange Redevelopment Agency and/or the City of Orange in any administrative or judicial proceeding; and WHEREAS, All other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORANGE AS FOLLOWS: Subject to all reservations herein stated and pursuant to Part 1.85 of Division 24 of the Health and Safety Code, the City of Orange hereby elects to retain, without limitation, all of the housing assets, rights, powers, duties, obligations, and functions previously performed by the Orange Redevelopment Agency upon the dissolution of the Orange Redevelopment Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418 and hereby accepts the transfer to the City of Orange of all of the housing assets, rights, powers, duties, obligations, and functions associated with the housing activities of the Orange Redevelopment Agency. 2. The City of Orange expressly reserves the right to rescind this resolution in the event that the housing assets transferred to the City pursuant to Part 1.85 of Division 24 of the Health and Safety Code, as it may be amended from time to time, are not sufficient in and of themselves to pay the costs to the City of carrying out the housing duties, obligations and functions transferred to the City. 3. The City Manager is hereby authorized to make all notifications of such election as deemed necessary under Part 1.85 of Division 24 of the Health and Safety Code and to execute all documents and take all actions necessary and convenient to carry out and implement the transfer to the City of Orange, without limitation, all of the housing assets, rights, powers, duties, obligations, and functions previously performed by the Orange Redevelopment Agency upon the dissolution of the Orange Redevelopment Agency, including enforcement of affordability covenants and performance of related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1, commencing with Section 33000), including, but not limited to, Section 33418 and to administer the City's obligations, responsibilities and duties to be performed thereunder. 4. This Resolution shall take effect immediately upon its adoption. 2 ADOPTED this 24 day of January, 2012. ATTEST: Mary E. ity Clerk, City of a I, MARY E. MURPHY, City Clerk of the City of Orange, California do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council or the city of Orange at a regular meeting thereof held on the 24 day of January, 2012, by the following vote: AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche NOES:COUNCILMEMBERS:Dumitru, Bilodeau ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None Mary rp ity C o Orange ki