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SA_FULL PACKET_2012-05-07
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SA_FULL PACKET_2012-05-07
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11/4/2013 9:01:55 AM
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5/3/2012 3:51:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
5/7/2012
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REQUEST FOR <br />SUCCESSOR AGENCY <br />ACTION <br />MEETING DATE: <br />MAY 7, 2012 <br />TITLE: <br />SUCCESSOR AGENCY ADOPTION OF <br />RESOLUTION ASSUMING ASSIGNMENT <br />OF ALL AGREEMENTS & CONTRACTUAL <br />OBLIGATIONS OF FORMER <br />REDEVELOPMENT AGENCY <br />LL ?_ <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF THE COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Implementing Resolution <br />? Other <br />CONTINUED TO <br />FILE NUMBER <br />It is recommended that the City Council acting as the Successor Agency to the former Agency: <br />Adopt a Resolution Assuming the Assignment of all of the Agreements and Contractual <br />Obligations of the Former Redevelopment Agency to the Successor Agency. <br />DISCUSSION <br />The California Supreme Court's decision in California Redevelopment Association, et al. V. <br />Matosantos ("Matosantos") upheld Assembly Bill X1 26, the "Dissolution Act." AB X1 26 added <br />Parts 1.8 and 1.85 to Division 24 of the California Health & Safety Code, which caused the <br />dissolution and winding down of all California redevelopment agencies. By resolution, the City <br />Council on January 9, 2012, elected for the City to act as the "Successor Agency" to the <br />community's dissolved redevelopment agency ("Agency") and the Housing Authority of the City of <br />Santa Ana as "Successor Housing Agency." On February 1, 2012, the Agency was dissolved <br />and the City began to serve as the Successor Agency to the former Redevelopment Agency. <br />The City is performing its functions as the Successor Agency under the Dissolution Act to <br />administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs, <br />most of which are subject to the review and approval by a seven-member Oversight Board. <br />With the dissolution of the Agency, all assets properties, contracts, leases, books and records, <br />buildings and equipment of the former Agency (except for most affordable housing assets) <br />transferred by operation of law to the City of Santa Ana, acting as Successor Agency. To further <br />ensure that Agency agreements related to services and work product are vested correctly, legal <br />counsel has recommended that such agreements be more formally assigned to the Successor <br />Agency (Exhibit 1). <br />2-1
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