HomeMy WebLinkAbout12-02 (Transfer of Former Agency's Huosing Assets & Responsibilities)i � i j� i i • i
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY AFFIRMING THE
TRANSFER BY OPERATION OF LAW OF THE FORMER
AGENCY'S HOUSING ASSETS AND RESPONSIBILITIES
AND ALL RIGHTS, POWERS, DUTIES AND
OBLIGATIONS ALONG WITH THE ENCUMBERED
AMOUNTS FROM THE LOW AND MODERATE INCOME
HOUSING FUND TO THE TUSTIN HOUSING AUTHORITY
PURSUANT TO HEALTH AND SAFETY CODE SECTIONS
34176 AND 34181
The Oversight Board of the Successor Agency to the Tustin Community
Redevelopment Agency finds, determines and declares as follows:
A. The Tustin Community Redevelopment Agency ( "Agency ") was established
as a redevelopment agency that was previously organized and existing under
the California Community Redevelopment Law, Health and Safety Code
Section 33000, et seq. ( "CRL "), and previously authorized to transact
business and exercise powers of a redevelopment agency pursuant to action
of the City Council of the City of Tustin ( "City "); and
B. Assembly Bill X1 26 added Parts 1.8 and 1.85 to Division 24 of the California
Health & Safety Code, which laws cause the dissolution and wind down of all
redevelopment agencies ( "Dissolution Act "); and
C. On December 29, 2011, in the petition California Redevelopment Association
v. Matosantos, Case No. 5194861, the California Supreme Court upheld the
Dissolution Act and thereby all redevelopment agencies in California were
dissolved as of and on February 1, 2012 under the dates in the Dissolution
Act that were reformed and extended thereby ( "Supreme Court Decision ");
and
D. The Agency is now a dissolved redevelopment agency pursuant to the
Dissolution Act; and
E. By a resolution considered and approved by the City Council at an open
public meeting, the City chose to become and serve as the successor agency
to the dissolved Agency under the Dissolution Act; and
F. As of and on and after February 1, 2012, the City serves and acts as the
"Successor Agency" and will perform its functions as the Successor Agency
under the Dissolution Act to administer the enforceable obligations of the
Agency and otherwise unwind the Agency's affairs, all subject to the review
and approval by a seven - member oversight board ( "Oversight Board "); and
Oversight Board Resolution 12 -02
Page 1 of 4
G. Section 34179 of the Dissolution Act provides that the Successor Agency
shall have an Oversight Board composed of seven members; and
ur
H. Section 34179 provides that the Oversight Board has fiduciary responsibilities
to holders of enforceable obligations and the taxing entities that benefit from
distributions of property tax and other revenues pursuant to Section 34188 of
Part 1.85 of the Dissolution Act; and
I. Pursuant to Section 34179, the Successor Agency's Oversight Board has
been formed and the initial meeting has occurred on March 13, 2012; and
By a resolution considered and approved by the City Council at an open
public meeting on January 17, 2012 pursuant to Section 34176 of the
Dissolution Act, the City declined to assume the housing assets and functions
of the Agency and selected the Tustin Housing Authority to so assume such
housing assets and functions, and on such date also pursuant to Section
34176 the Tustin Housing Authority accepted and assumed the housing
assets and functions of the Agency and as of February 1, 2012 became and
serves as the "Housing Successor" of the former Agency pursuant to the
Dissolution Act; and
K. The Oversight Board desires to affirm that the former Agency's housing
assets and housing functions transferred to the Tustin Housing Authority,
acting as Housing Successor, as of February 1, 2012 and a summary of IN
these are attached as Exhibit A; and
L. The Oversight Board desires to affirm that that the Tustin Housing Authority,
acting as Housing Successor, now has "rights, powers, duties and
obligations" relating to the housing assets and functions of the former Agency
pursuant to the Dissolution Act and a summary of these are attached as
Exhibit A; and
M. Pursuant to the Dissolution Act, the actions of the Oversight Board, including
those approved by this Resolution, do not become effective for three (3)
business days pending any request for review by the Department of Finance
(DoF), and if the DoF requests review hereof, DoF will have 10 days from the
date of its request to approve this Oversight Board action or return it to the
Oversight Board for reconsideration and the action, if subject to review by
DoF, will not be effective until approved by DoF.
NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD
OF THE SUCCESSOR AGENCY TO THE TUSTIN REDEVELOPMENT
AGENCY:
Section 1. The foregoing recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
Section 2. Pursuant to the Dissolution Act, the Oversight Board affirms that
the former Agency's housing assets and housing functions transferred to the
Oversight Board Resolution 12-02
Page 2 of 4
Tustin Housing Authority, acting as Housing Successor, as of February 1, 2012
along with the encumbered amounts from the Low and Moderate Income
Housing Fund to the Tustin Housinq Authority pursuant to Health and Safetv
Code Section 34176 and 34181.
Section 3. Pursuant to the Dissolution Act, the Oversight Board affirms that
the Tustin Housing Authority, acting as Housing Successor, now has all "rights,
powers, duties and obligations" relating to the housing assets and functions of
the former Agency pursuant to the Dissolution Act.
Section 4. The Oversight Board authorizes the Successor Agency to transmit
this Resolution to the County Auditor-Controller, the State Department of
Finance, and the State Controller's Office.
Section 5. The City Manager of the Successor Agency or his authorized
designee is directed to post this Resolution on the City/Successor Agency
website.
Section 6. This Resolution shall be effective after transmittal of this Resolution
to the DoF and the expiration of three (3) business days pending a request for
review by the DoF within the time periods set forth in the Dissolution Act. In this
regard, if the DoF requests review hereof, it will have 10 days from the date of its
request to approve this Oversight Board action or return it to the Oversight Board
for reconsideration and the action, if subject to review by DoF, will not be
effective until approved by DoF.
Section 7. The Secretary of the Oversight Board shall certify to the adoption of
this Resolution.
Ul
illr;ll 11,1111111 !l! Jill
Doug Dave'rt, Chair
Oversight,,,' , Bibard of the Successor
Agency td the Tustin Community
Redevelopment Agency
Pry AmAnte, ciecretary
fersigifit Board of the Successor Agency
the Tustin Community Redevelopment Agency
Oversight Board Resolution 12-02
Page 3 of 4
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF TUSTIN
1, Jerry Amante, Secretary of the Oversight Board of the Successor
Agency to the Tustin Community Redevelopment Agency hereby certify that the
foregoing resolution was duly adopted by the Oversight Board at a special
meeting held on the 12th day of June 2012, and that it was so adopted by the
following vote:
BOARD MEMBER AYES: Davert, Amante, Nielsen, Puckett, West (5)
BOARD MEMBER NOES: None (0)
BOARD MEMBER ABSTAINED: None (0)
BOARD MEMBER ABSENT: Fitzsimons, Soria (2)
ante, Secretary
ter fight Board of the Successor Agency
the Tustin Community Redevelopment Agency
Oversight Board Resolution 12-02
Page 4 of 4
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