HomeMy WebLinkAboutHA RES 12-01RESOLUTION HA NO. 12-01
A RESOLUTION OF THE TUSTIN HOUSING
AUTHORITY OF THE CITY OF TUSTIN, CALIFORNIA,
CONFIRMING AND AGREEING TO ASSUME THE
HOUSING ASSETS AND FUNCTIONS OF THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
PREVIOUSLY PERFORMED BY THE AGENCY
PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34176
The Tustin Housing Authority hereby finds, determines and declares as follows:
A. The Tustin Community Redevelopment Agency ("Agency") is a
community redevelopmen# agency organized and existing under the California
Community Redevelopment Law, Health and Safety Code Sections 33004, et seq.
("CRL"} and has been`autharized 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. 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");
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. Now that the Program has been invalidated by the Supreme Court,
pursuant to Health & Safety Code Section 34176, the City could elect to assume the
housing assets and functions previously performed by the Agency or allow transfer
of those assets and functions to the Tustin Housing Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE TUSTIN HOUSING AUTHORITY:
Section 1. The City declined, pursuant to Resolution 12-08 to assume such
housing assets and functions and stated its desire for the Tustin Housing Authority to
assume all rights, powers, assets, liabilities, duties, and obligations associated with
the housing activities of the former Agency.
Section 2. The above reci#als are true and correct, are a substantive part of
this Resolution, and are adopted as the findings of the City Council.
Resolution No. HA 12-01
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Section 3. Pursuant to Section 34176 of AB X1 26, the Tustin Housing
Authority confirms and agrees to assume all rights, powers, assets, duties, liabilities,
and obligations associated with the housing activities of the former Agency.
Section 4. The Tustin Housing. Authority Executive Director 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 Tustin Housing Authority.
Section 5. This Resolution shall take effect immediately upon its adoption
by the Tustin Housing Authority, and the Recording Secretary of the Housing
Authority shall attest to and certify the vote adapting this Resolution.
PASSED and ADOPTED at the regular meeting of the Tustin Housing
Authority held on the 17t" day of January, 2012.
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ATTEST:
PATRICIA ESTRELLA,
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN }
JOHN NIELSEN,
Claa+rman
I, Patricia Estrella, City Clerk Services Supervisor of the City of Tustin and ex-officio
Secretary of the Tustin Housing Authority, 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 No. HA 12-01 was duly passed and adopted at a
regular meeting of the Tustin. Housing Authority, held on the 17~' day of January, 2012,
by the following vote:
COMMISSIONERS AYES:
COMMISSIONERS NOES:
COMMISSIONERS ABSTAINED:
COMMISSIONERS ABSENT:
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PATRICIA ESTRELLA,
City Clerk Services Supervisor
Nielsen, Murray, Amante, GaVellO, Gomez (5}
None (o)
None (~)
None (d}
Resolution No. HA 12-01
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