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HomeMy WebLinkAboutHA RES 25-01Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B TUSTIN HOUSING AUTHORITY RESOLUTION NO. 25-01 A RESOLUTION OF THE TUSTIN HOUSING AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE TUSTIN HOUSING AUTHORITY EXECUTIVE DIRECTOR AND/OR CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE ALL AFFORDABLE HOUSING AGREEMENTS REQUIRED FOR THE REFINANCING OR THE SALE OF AFFORDABLE HOUSING UNITS 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 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"), 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. 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 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 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 Tustin Housing Authority Resolution 25-01 Page 1 of 3 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B 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 DOF approved the List; and K. On September 18, 2012, the Housing Authority adopted Resolution HA No. 12-04, authorizing the Tustin Housing Authority Executive Director and/or the City Manager, or their designee, to execute all affordable housing documents required for the refinancing or the sale of affordable housing units; and L. The authority was limited to the Housing Authority's existing affordable housing inventory and the inventory is increasing with the addition of two (2) very -low income ownership units at The Jessup and as additional affordable ownership units are developed; and M. In order to fully perform the functions of the Housing Authority, the Housing Authority desires to reaffirm and extend 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 and future 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 to execute any and all affordable housing documents necessary to facilitate the refinancing or the sale of existing and future 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 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 Tustin Housing Authority Resolution No. 25-01 Page 2of3 Docusign Envelope ID: 3797843A-1A46-4777-851F-5399B030FC6B the Housing Authority, and the Recording Secretary of the Housing Authority shall attest to and certify the vote adopting this Resolution. APPROVED AND ADOPTED at a regular meeting of the Tustin Housing Authority on the 7th day of January 2025. Signed by: AU NDL433K413ARD, Chairman ATTEST: DS Signed by: (4 uasax ERI'CADW0 �°JDA, Secretary APPROVED AS TO FORM: �DocuSigned by: �.':A�k'd' DAV` D,EF31,EWIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, Secretary of the Tustin Housing of the City of Tustin, California, do hereby certify that the whole number of Commissioners of the Tustin Housing Authority is five; that the above and foregoing Resolution No. 25-01 was duly passed and adopted at a regular meeting of the Tustin Housing Authority, held on the 7th day of January, 2025, by the following vote: COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) COUNCILMEMBER RECUSED: (0) Signed by: DS qma- E R DWYASU DA City Clerk Tustin Housing Authority Resolution 25-01 Page 3 of 3