RES-10625 Designating City of Range as Successor AgencyRESOLUTION NO. 10625
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE MAKING AN ELECTION IN
CONNECTION WITH DESIGNATING THE CITY
OF ORANGE AS A SUCCESSOR 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 (the
Agency ") which has continuously engaged in redevelopment activities under the
Community Redevelopment Law (Health and Safety Code sections 33000 et seq.); 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, Health and Safety Code section 34173(a) designates successor agencies
as successor entities to former redevelopment agencies; and
WHEREAS, the City Council of the City of Orange desires to declare itself as the
successor agency upon the dissolution of the Orange Redevelopment Agency, subject to all
reservations herein stated; and
WHEREAS, the City Council of the City of Orange hereby desires to adopt this
Resolution, subject to the express reservation 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 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:
The City Council of the City of Orange hereby finds and determines that the
foregoing recitals are true and correct.
2. Subject to all reservations herein stated, the City of Orange hereby elects to
become the successor agency under Health and Safety Code section 34173(a)
and implement all duties of successor agencies under Part 1.85 of Division 24
of the Health and Safety Code.
3. The City Manager is hereby authorized to administer the responsibilities of
the City of Orange under Part 1.85 of Division 24 of the Health and Safety
Code.
4. The officers and staff of the City are herby authorized and directed, jointly
and severally, to do any and all things which they may deem necessary or
advisable to effectuate this Resolution, and any such actions previously taken
by such officers are hereby ratified and confirmed.
5. At such time as the Agency becomes exempt from Parts 1.8 and 1.85 of
Division 24 of the Health and Safety Code, this Resolution shall be of no
further force or effect.
6. This Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act ( "CEQA "), the State CEQA Guidelines
California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the
Guidelines "), and the City's environmental guidelines. The City Council has
determined that this Resolution is not a "project" for purposes of CEQA, as
that term is defined by Guidelines Section 15378, because this Resolution is
an organizational or administrative activity that will not result in a direct or
indirect physical change in the environment. (Guidelines Section 15378(b)
7. This Resolution shall take effect immediately upon its adoption.
ADOPTED this 10` day of January, 2012.
ATTEST:
i
Ivlary E urp )City Cler Cit Orange
IPM
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE )
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 of
the City of Orange at a regular meeting thereof held on the 10` day of January, 2012 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCILMEMBERS: Whitaker, Smith, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
r
Mary E. rp ity Cler , City o r e
3-