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HomeMy WebLinkAboutCC RES 13-47 RESOLUTION NO. 13-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE SUBORDINATION AGREEMENT PROCESSING FEE AND INCORPORATING THE FEE INTO RESOLUTION NO. 08-60, THE COMPREHENSIVE SCHEDULE OF FEES I. The City Council of the City of Tustin hereby finds, determines and declares as follows: A. The Tustin Community Redevelopment Agency ("Agency") was a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and had 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 the opted in to the "Voluntary Alternative Redevelopment Program" ("Program"); and 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 become the Successor Agency of the Agency; and E. On January 17, 2012, City Council adopted Resolution No. 12-08 declining to assume the housing assets and functions of the former Tustin Community Redevelopment Agency and the Tustin Housing Authority ("Housing Authority") adopted Resolution HA No. 12-01 agreeing to assume all housing assets and functions; and F. The Housing Authority Executive Director was authorized to take all actions necessary to implement the assumption of assets and functions on behalf of the Housing Authority; and G. On August 1, 2012, pursuant to Assembly Bill 1484, the Housing Authority submitted the Housing Assets List to the California Department of Finance Resolution 13-47 Page 1 of 3 and received confirmation on September 13, 2012; and ' H. On September 2, 2008, the City Council adopted Resolution No. 08-60, amending the City-wide Comprehensive Schedule of Fees; and It is not the Council's intention to repeal previously adopted fees but to incorporate the Subordination Agreement fee into Resolution No. 08-60's Comprehensive Schedule of Fees; and J. A Public Hearing regarding the Subordination Agreement Processing Fee was held on June 4, 2013 in accordance with Section 66016 of the California Government Code, at which oral or written presentations could be made, as part of the regularly scheduled meeting and a Notice of the Public Hearing was published pursuant to Government Code Section 6062(a). II. The City Council hereby does resolve as follows: A. The Subordination Agreement Processing Fee is adopted and incorporated into Resolution No. 08-60's Comprehensive Schedule of Fees and shall be levied until further resolution of this Council. B. This Resolution shall be effective immediately upon adoption and the City Clerk shall certify to the adoption of this Resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 4th day of June, 2013. /o..... • I_ ELWYN . ":'R, Mayor ATTEST: JEFr R' i ' . PARKER, Ci Cler Resolution 13-47 Page 2 of 3 STATE OF CALIFORNIA ) ORANGE COUNTY CITY OF TUSTIN I, Jeffrey C. Parker, 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 forgoing Resolution No. 13-47 was duly passed and adopted at a regular meeting of the City Council of the City of Tustin, held on June 4, 2013, by the following vote: COUNCILMEMBER AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) IS C JE' F" Y C. PARKER, y r 1 Resolution 13-47 Page 3 of 3