HomeMy WebLinkAbout011706 RESO CDA Amending Sec 10.5 Agency By-LawsREQUEST FOR
AGENCY ACTION
Edonaon I.,
AGENCY BOARD MEETING DATE:
JANUARY 17, 2006
TITLE
RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY AMENDING
SECTION 10.5 OF THE AGENCY'S
BY —LAWS
le e � I-
AGENCY SECRETARY USE ONLY:
APPROVED q"9:1
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ET As Recommended C'h«5f/
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 n Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION C�pppe'D�
2
Adopt a resolution amending Section 10.5 of the Agency's By -Laws.
DISCUSSION
On April 16, 1985, the Agency added Section 10.5 to its By -Laws requiring
the affirmative vote of at least five (5) Agency Board members to approve
any contract that directly or indirectly obligates the Agency to acquire
any interest in real property. The intent of this provision was to
prevent a situation where only the majority of the Agency members
approved a development agreement that contemplated potential future
exercise of eminent domain. State law requires the affirmative vote of
at least five (5) Agency Board members to exercise eminent domain. If
the Agency adopted a development agreement with less than five votes and
then failed to obtain the five votes on eminent domain, the Agency could
potentially be exposed to risk for failure to perform all of the terms of
the agreement.
The vast majority of real estate agreements approved by the Agency are
entirely voluntary and do not contemplate the exercise of the power of
eminent domain. Staff is recommending an amendment to Section 10.5 of
the By -Laws, which would retain the five vote requirement only for
agreements requiring future consideration of a resolution of necessity
pertaining to an eminent domain action. All other Agency actions shall
be in accordance with Section 11 of the By -Laws.
4 -1
Resolution of the CRA
Amending Section 10.5
of the Agency's By -laws
January 17, 2006
Page 2
FISCAL IMPACT
There ),5-ro fiscal impact associated with this action.
Patricia C. Whitaker
Executive Director
PCW /PH /mlr
H: \ACTIONS \2006 CRA \ResoAmendSec10.5ofAgencyBylaws 1- 17- 06.doc
4 -2
RESOLUTION NO. CRA 2006- 002-
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA
ANA AMENDING SECTION 10.5 OF THE AGENCY'S
BYLAWS.
BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Board of the Community Redevelopment Agency of the City of
Santa Ana hereby finds, determines and declares as follows:
A. On April 16, 1985, the Agency added Section 10.5 to its Bylaws requiring
the affirmative vote of at least five (5) Agency Board members to approve any contract
which directly or indirectly obligates the Agency to acquire any interest in real property.
B. This provision was added to prevent only a majority of the Agency
members from approving an agreement, such as a disposition and development
agreement or owner participation agreement that contemplated potential future exercise
of eminent domain which, by State law, would require the affirmative vote of at least five
(5) Agency Board members. In that situation, the purpose of such agreement could be
severely frustrated, potentially exposing the Agency to risk for failure to perform all of
the terms.
C. The vast majority of real estate agreements approved by the Agency are
entirely voluntary and do not contemplate the exercise of the power of eminent domain.
In several project areas the Agency's powers of condemnation have expired rendering
application of Section 10.5 unnecessary.
D. The Agency Board supports and reaffirms the policy underlying Section
10.5 that agreements requiring future consideration of a resolution of necessity be
supported by at least as many Agency Board members as necessary to adopt such
resolution in the future.
E. Seven (7) days advance written notice of said amendment has been given
to the members of the Agency by the Executive Director of the Agency.
4-3 Resolution No. CRA 2006 -XXX
Page 1 of 3
Section 2. Section 10.5 of the Bylaws of the Community Redevelopment Agency
of the City of Santa Ana is hereby amended to read as follows:
"Section 10.5 Special voting requirement for certain land
acquisition contracts.
Any motion or resolution to approve a contract
that requires or obligates the Agency to
consider a resolution of necessity for the
acquisition of real estate through the exercise
of the Agency's powers of eminent domain
requires the affirmative vote of at least five (5)
members of the Agency."
Section 3. This Resolution shall take effect immediately upon its adoption by
the Agency Board., The Secretary of the Agency shall attest to and certify the vote
adopting this Resolution.
ADOPTED this day of
APPROVED AS TO FORM:
Joseph W. Fletcher
Agency General Counsel
By:
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Boardmembers
Boardmembers
Boardmembers
Boardmembers
Resolution No. CRA 2006 -XXX
2006.
Miguel A. Pulido
Chair
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Secretary of the Agency, do hereby attest to and certify the
attached Resolution No. 2006- to be the original resolution adopted by the
Community Redevelopment Agency of the City of Santa Ana on
Date:
Recording Secretary
Community Redevelopment Agency
City of Santa Ana
4-5 Resolution No. CRA 2006 -XXX
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