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HomeMy WebLinkAbout2012-004 SA5/1/12 LES SUCCESSOR-AGENCY RESOLUTION NO. 2012 -004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY ASSUMING ASSIGNMENT OF ALL AGREEMENTS AND CONTRACTUAL OBLIGATIONS OF THE FORMER COMMUNITY REDEVELOPMENT AGENCY BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of Santa Ana, acting as Successor Agency, hereby finds, determines and declares as follows: A. The California Supreme Court's decision in the recent California Redevelopment Agency v. Matosantos case upheld ABX1 26 which will now control the dissolution and winding down of every California redevelopment agency. ABX1 26 prohibits agencies from taking numerous actions, requires all agencies to wind down their affairs effective immediately, and provides that agencies are deemed to be dissolved as of February 1, 2012. B. On January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana ( "City ") elected to serve as the Successor Agency for the former Community Redevelopment Agency ( "Agency ") of the City of Santa Ana and the Housing Authority of the City of Santa Ana as "Successor Housing Agency ". C. The City will perform its functions as the Successor Agency under the Dissolution Act to administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs, with most actions subject to the review and approval of a seven member Oversight Board. D. With the dissolution of the Agency, all assets, properties, contracts, leases, books and records, buildings and equipment of the former Agency (except for most affordable housing assets) transferred by operation of law to the City of Santa Ana, acting as Successor Agency. E. To further ensure that Agency agreements and contracts related to services and work product are vested correctly, the City, acting as Successor Agency, desires to take formal action to assume the assignment of all such agreements and contracts of the former Agency, by adoption of this resolution. F. The City, acting as Successor Agency, hereby assumes the assignment of all such agreements and contracts of the former Agency, as listed on Exhibit A, attached hereto and incorporated herein by this reference. G. 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 Resolution No. 2012 -004 Page 1 of 4 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. Section 2. The City, acting as Successor Agency, does hereby assume the assignment of all agreements and contractual obligations of the former Agency as described herein and set forth Exhibit A, attached hereto and incorporated herein by this reference, subject to the limitations of Health and Safety Code Section 34173(e). Section 3. The City Manager or his or her designee is hereby authorized to make amendments to Exhibit A as deemed necessary for any corrective action or caused by or due to any inadvertent omission. Section 4. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of May 2012. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: (k o (-• Lisa E. Storck Assistant City Attorney YES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2012 -004 Page 2 of 4 Alvarez, Benavides, Bustamante, Martinez, Tinaiero, Sarmiento, Pulido (7) None (0) None (0) None (0) 5/1/12 LES CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -004 to be the original resolution adopted by the City Council acting as the Successor Agency on May 7, 2012. Date: Maria D. Huizar, Clerk of the'Council Resolution No. 2012 -004 Page 3 of 4 EXHIBIT A The City, acting as the Successor Agency, assumes the assignment of all agreements and contracts of the former Community Redevelopment Agency of the City of Santa Ana listed below: ¢onsultantl Vendor Name" " Agreement Date 'gree rrt,rNumbe" AmeriNational Community Services, Inc. July 18, 1994 N/A BLX Group LLC June 1, 2011 1011 -RN -049 C & V Consulting, Inc June 20, 2011 1011 -RN -051 Clark & Green June 12, 2009 N/A Converse Consultants October 22, 2010 1011 -RN -012 CSG Advisors November 2008 N/A Hunsaker & Associates Irvine, Inc. February 1011 -RN -022 Overland, Pacific & Cutler, Inc. j32011 Februa 2010 N/A Jensen Consultants Decembe2011 1112 -RN -007 Ke ser Marston Associates, Inc. March 1004 N/A Lid and and Associates, Inc. September 19, 2005 N/A Lid and and Associates, Inc. December 1, 2009 N/A Madrid & Associates December 1, 2011 1112 -RN -005 Paragon Partners, Ltd. September 19, 2005 N/A Sally Low & Associates, Inc. January 1, 2009 N/A Stradling Yocca Carlson & Rauth February 1, 2010 N/A Resolution No. 2012 -004 Page 4 of 4