HomeMy WebLinkAboutCC RES 12-08RESOLUTION NO. 12-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLINING TO ASSUME THE
HOUSING ASSETS AND FUNCTIONS OF THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY AND
CONFIRMING THAT THE TUSTIN HOUSING AUTHORITY
WILL ASSUME THE HOUSING ASSETS AND HOUSING
FUNCTIONS PREVIOUSLY PERFORMED BY THE
AGENCY PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34176
The City Council of the City of Tustin hereby finds, determines and declares as follows:
A. The Tustin Community Redevelopment Agency ("Agency"} is a community
redevelopment agency organized and existing under the California
Community Redevelopment Law, Health and Safety Gode Sections
33000, et seq. ("CRL"} and has been authorized to transact business and
exercise the powers of a redevelopment agency pursuant to action of the
City Council ("City Council") of the City of Tustin {°City"}; and
B. The City of Tustin is a municipal corporation of the State of California
{"City"}; and
C. On December 29, 2011, in California Redevelopment Association v.
Matosantos, Case No. S194861, the California Supreme Court upheld AB
X1 26, which dissolves all of the redevelopment agencies in California,
and invalidated AB X1 27 that had allowed redevelopment agencies to
remain in existence if they opted in to the "Voluntary Alternative
Redevelopment Program" ("Program"};
D. Previously the City had opted into the Program by ordinance(s) soon after
the passage of AB X1 26 and by resolution the City elected to became the
Successor Agency of the Agency; and
E. Now that the Program has
pursuant to Health & Safety
assume the housing assets
Agency or allow transfer of
Housing Authority;
been invalidated by the Supreme Court,
Code Section 34176, the City may elect to
and functions previously performed by the
those assets and functions to the Tustin
NOW, THEREFORE, BE IT RESOLVED BY THE TUSTIN CITY COUNCIL:
Section 1. The above recitals are true and correct, are a substantive part of this
Resolution, and are adopted as the findings of the City Council.
Resolution 12-08
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Section 2. Pursuant to Section 34176 of AB X1 26, the City Council hereby
declines to assume the housing assets and functions of the Agency and states its
intention that the Tustin Housing Authority assume all rights, powers, assets, duties,
and obligations associated with the housing activities of the former Agency.
Section 3. The City Manager is hereby authorized and directed to take such other
and further actions, and sign such other and further documents, as are necessary and
proper in order to implement this Resolution on behalf of the City.
Section 4. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 17t" day of January, 2012. ~~
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JOFN NIELSEN,
Mayor
ATTEST:
PAMELA STOKER, ,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE } SS
CITY OF TUSTIN }
1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 12-Q8 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17t"day
of January, 2012, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
~- ",
~, ;
~~ ~. ~'
Nielsen, Murray, Amante, Gavello, Gomez (5)
None (~)
None (~)
None (~)
PAMELA STOKER,
City Clerk
Resolution 12-08
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