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HomeMy WebLinkAboutHA RES 12-04A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE HOUSING AUTHORITY EXECUTIVE DIRECTOR AND /OR CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE ALL AFFORDABLE HOUSING DOCUMENTS ASSOCIATED WITH AFFORDABLE HOUSING DEVELOPMENTS PREVIOUSLY APPROVED BY THE CITY COUNCIL AND ASSUMED FROM THE FORMER TUSTIN COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO HEALTH & SAFETY CODE SECTION 34176 The Tustin Housing Authority 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 Resolution No. HA 12 -04 Page 1 of 3 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 and directed 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 Housing Authority desires to reaffirm the authority of the Housing Authority Executive Director and/or City Manager, or their designee, 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 TUSTIN HOUSING AUTHORITY: Section 1. The above recitals are true and correct, are a substantive part of this Resolution, and are adopted as the findings of the Housing Authority. Section 2. The Housing Authority Executive Director and/or City Manager, 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 Resolution No. HA 12-04 Page 2 of 3 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 Housing Authority, and the Recording Secretary of the Housing Authority shall attest to and certify the vote adopting this Resolution. 18th PASSED AND ADOPTED by the Tustin Housing Authority at a meeting on the 1 8 day of September, 2012. 1 IN NIELS irman ATTEST_,_, Z-1 PATRICIA ESTRELLA—, Secretary STATE OF CALIFORNIA COUNTY OF ORANGE ) SS CITY OF TUSTIN 1, Patricia Estrella, City Clerk Services Supervisor of the City of Tustin and ex-officio Recording Secretary of the Tustin Housing Authority of the City of Tustin, California, do hereby certify that the whole number of the Commissioners of the Tustin Housing Authority is five; that the above and foregoing Resolution HA No. 12-04 was duly passed and adopted at a regular meeting of the Tustin Housing Authority, held on the 18th day of September, 2012, by the following vote: COMMISSIONERS AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAINED COMMISSIONERS ABSENT: Z A -PATRICIA ESTRELLA City Clerk Services Supervisor Resolution No. HA 12-04 Page 3 of 3 Nielsen, Murray, Amante, Gavello, Gomez (5) None (0) None (0) None (0)