HomeMy WebLinkAboutCC RES 12-81RESOLUTION NO, 12 -81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE CITY
MANAGER AND /OR THE TUSTIN HOUSING AUTHORITY
EXECUTIVE DIRECTOR, OR THEIR DESIGNEE, TO
EXECUTE ALL AFFORDABLE HOUSING DOCUMENTS
ASSOCIATED WITH AFFORDABLE HOUSING
DEVELOPMENTS PREVIOUSLY APPROVED BY THE
CITY COUNCIL AND ASSUMED BY THE TUSTIN
HOUSING AUTHORITY FROM THE FORMER TUSTIN
COMMUNITY REDEVELOPMENT AGENCY PURSUANT
TO HEALTH & SAFETY CODE SECTION 34176
The City Council of the City of Tustin hereby finds, determines and declares as follows:
A. The City of Tustin is a municipal corporation of the State of California
( "City "); and
B. Pursuant to California Housing Authorities Law (Health and Safety Code
section 34200, et seq.), on March 15, 2011, the City Council of the City
( "City Council") adopted Resolution No. 11 -20 establishing the Tustin
Housing Authority ("Housing Authority "); and
C. The Former Tustin Community Redevelopment Agency ( "Agency ") was a
community redevelopment agency organized and existing under the
former California Community Redevelopment Law, Health and Safety
Code Sections 33000, et seq. ( "CRL "), with the authority to transact
business and exercise the powers of a redevelopment agency pursuant to
action of the City Council of the City; and
D. On December 29, 2011, in California Redevelopment Association v.
Matosantos, Case No. 5194861, 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 "); and
E. Effective February 1, 2012, all California redevelopment agencies were
dissolved as a result of the implementation of ABx1 26; and
F. On January 17, 2012, City Council adopted Resolution No. 12 -08
declining to assume the housing assets and functions of the former
Agency and stating the City's intention that the Housing Authority assume
all rights, powers, assets. duties, and obligations associated with the
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housing activities of the former Agency; and
G. Pursuant to Resolution No. 12-08, the City Manager was authorized and
directed to take such other and further actions, and sign such other and
further documents, as are necessary and proper to implement Resolution
No. 12-08; and
H. On January 17, 2012, the Housing Authority adopted Resolution HA No.
12-01 agreeing to assume all rights, powers, assets, duties, liabilities, and
obligations associated with the housing activities of the former Agency;
and
Pursuant to Resolution HA No. 12-01, the Housing Authority Executive
Director was authorized to take all actions necessary and proper in order
to implement the assumption of assets and functions on behalf of the
Housing Authority; and
J. On August 1, 2012, pursuant to Health and Safety Code section 34176,
adopted as part of Assembly Bill No. 1484, the Housing Authority
submitted the Housing Assets List to the California Department of
Finance ("DOF"); and
K. Pursuant to Health and Safety Code section 34176, the DOF has up to 30
days from the date of receipt of the Housing Assets List to object to any of
the assets or transfers of assets identified on the list; and
L. Thirty days has expired since the date the DOF received the Housing
Assets List; and
M. In order to fully assume all of the assets and functions of the former
Agency, the City Council desires to reaffirm the authority of the City
Manager and/or Housing Authority Executive Director to execute any and
all affordable housing documents associated with the refinancing or the
sale of existing affordable housing units.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TUSTIN:
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.
Section 2. The City Manager and/or Housing Authority Executive Director, or
their designee, is hereby authorized and directed to execute any and all affordable
housing documents necessary to facilitate the refinancing or the sale of existing
affordable housing units; however, this authority shall not include contracts related to
the option to purchase an affordable housing unit or cure a default as provided in the
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affordable housing documents in the event of a default by the owner(s) of an affordable
housing unit.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council of the City of Tustin, and the Clerk of the City Council shall attest to and
certify the vote adopting this Resolution.
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. 12-81 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day
of September, 2012, by the following vote:
COUNCILMEMBERS AYES: Nielsen, Murray, Amante, Gavello, Gomez (5)
COUNCILMEMBERS NOES: None (0)
COUNCILMEMBERS ABSTAINED: -None (0)
COUNCILMEMBERS ABSENT' None (0)
PA LA STOKEWd I
City Clerk
Resolution 12-81
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