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Home My WebLink About12-032 - Resolutions RESOLUTION NO. 12-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA MAKING AN ELECTION IN CONNECTION WITH HOUSING ASSETS AND FUNCTIONS UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RECITALS: A. AB X1 26 and AB X1 27 were signed by the Governor of California on June 29, 2011, making certain changes to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (the "Redevelopment Law"), including adding Part 1.8 (commencing with Section 34161) ("Part 1.8") and Part 1.85 (commencing with Section 34170) ("Part 1.85"). B. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that AB X1 26 and AB X1 27 are unconstitutional. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case, largely upholding AB X1 26, invalidating AB X1 27, and holding that AB X1 26 may be severed from AB X1 27 and enforced independently. C. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012, to take effect four months later. D. As a result of the Supreme Court's decision, the Rancho Cucamonga Redevelopment Agency (the "Redevelopment Agency"), a redevelopment agency in the City of Rancho Cucamonga (the "City"), created pursuant to the Redevelopment Law, was dissolved pursuant to Part 1.85 on February 1, 2012. E. Health and Safety Code Section 34176(a) authorizes a city that created a redevelopment agency to elect to retain the housing assets and functions previously performed by the redevelopment agency. Pursuant to Section 34176(a), if a city elects to retain the responsibility for performing housing functions previously performed by the redevelopment agency, all rights, powers, duties, and obligations, excluding any amounts on deposit in the Low and Moderate Income Housing Fund, shall be transferred to the City. F. Health and Safety Code Section 34176(b) provides that if a city does not elect to retain the responsibility for performing housing functions previously performed by the redevelopment agency, all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the redevelopment agency, excluding any amounts in the Low and Moderate Income Housing Fund, shall be transferred as follows: (1) where there is no local housing authority in the territorial jurisdiction of the former redevelopment agency, to the Department of Housing and Community Development; (2) where there is one local housing authoring in the territorial jurisdiction of the former redevelopment agency, to that local housing authority; and (3) where there is more than one local housing authority in the territorial jurisdiction of the former redevelopment agency, to the local housing authority selected by the city that authorized the creation of the redevelopment agency. G. The San Bernardino County Housing Authority is in the territorial jurisdiction of the former Redevelopment Agency. H. Health and Safety 34176(c) provides that the entity assuming the housing functions formerly performed by the redevelopment agency may enforce affordability covenants and perform related activities pursuant to applicable provisions of the Redevelopment Law, including, but not limited to, Health and Safety Code Section 33418. I. The City Council desires to adopt this resolution in connection with the housing assets and functions previously performed by the Redevelopment Agency. NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34176. Section 3. Pursuant to Health and Safety Code Section 34176(a), the City Council hereby elects for the City to retain the housing assets, as allowed by law, and functions previously performed by the Redevelopment Agency and hereby accepts the transfer of all rights, powers, duties, and obligations associated with the housing activities of the Redevelopment Agency. The City Council reserves its right to rescind this election and to subsequently determine that all of the rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of the Redevelopment Agency shall be transferred to the housing authority selected by the City. Section 4. The officers and staff of the City are hereby authorized and directed, jointly and severally, to make all notifications of the Council's election, as set forth in Section 3 hereof, as deemed necessary or advisable and to execute all documents and take all actions which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers and staff are hereby ratified and confirmed. Section 5. The adoption of this Resolution is not intended to and shall not constitute a waiver by the City of any right the City may have to challenge the legality of all or any portion of AB X1 26 through administrative or judicial proceedings. Section 6. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City Council has determined that this Resolution is not a ,.project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b) (5)). Section 7. This Resolution shall take effect immediately upon its adoption. Please see the following page for formal adoption,certification and signatures Resolution No. 12-032 - Page 2 of 7 PASSED, APPROVED, AND ADOPTED this 15'" day of February 2012. AYES: Alexander, Buquet, Michael, Williams NOES: None ABSENT: Spagnolo ABSTAINED: None L. Dennis Michael, Mayor ATTEST: r6? 4 nice C. Reynolds, City Jerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 15'" day of February 2012. Executed this 16' day of February 2012, at Rancho Cucamonga, California. t G� a ice C. Reynolds, City Clerk Resolution No. 12-032 - Page 3 of 7 ATTACHMENT A FIRST TIME HOME BUYER PROGRAM ASSET LIST OWNER ADDRESS Aleksandra Polovina 10655 Lemon Ave.,#3106 Alexander Nester 10655 Lemon Ave. #3801 91701 Angel Medina 7400 Butterfield Place Angie Kramer 8990 19th St, #221 Ashraf Hana & Mariam Botrous 10130 24th Street Beatriz Ravega 6661 Bandola St. Bobbie Griffiths 12275 Wintergreen Street Bryan &Sariah Veirs 12288 Daisy Ct. Carlos &Guillermina Mirelez 11543 Mount Hood Caroline Rodriguez 10655 Lemon Ave. #3908 Christine Garcia 8167 Vineyard Avenue, Unit 48 Christopher&Jill Walters 6879 Carnelian St. Claudia Ruiz 8194 Malachite Ave. Conrad Apodaca 8364 Branchwood PI. David Kovach 10151 Arrow Rt., Unit 79 Denise C. Rolfe 10655 Lemons Ave. #3907 91730 Diana Vincent& Douglas Pinsak 10029 Estacia St. Elsa Gonzales 8159 Tapia Via Drive Fatemeh N. Nassirian 6828 Woodcrest Place Gabriel & Nancy Garcia 10254 Humbolt Ave. Gilberto Luna 10737 Essex Place Greg & Mitzi Shelton 12430 Blazing Star Guiselle Avelar 8408 Spring Desert Place#G Heather Lee 11236 Terra Vista Parkway#65 Inas Wassef 8365 Gabriel Ave., Unit C Irene Durazo 7756 Henbane Street Jason & Holly Strickland 9200 La Ronda St. Jeffrey &Veronica Hyder 12288 Wintergreen Street Julie Hendricks 11213 Terra Vista Pkwy. #E Kent Khov & Lorng Seng 10655 Lemon Ave., #3603 Kevin & Cardeanne Roney 11602 Mt. Rainier Ct. Kristina Ruiz 9866 Highland Ave.#C Kyle Brown & Brooke Irish 9733 La jolla Dr.#A Lakia L. Smith 10151 Arrow Rt. #19 Laura J. Buck 12279 Bellflower Ct. 91739 Lesvita Cardoza 10151 26th Street Marc J. Dobias 10655 Lemon Ave., #3002 Margarita Abeygoonewardene 10655 Lemon Ave. #2101 Maria del Carmen Ruiz 10185 8th Street Matthew&Jennifer Maguire 11649 Mt. Miriah Drive Matthew Ramos 7331 Henbane Megan Wheeler 8990 19th St., Unit 337 Michael & Krista Westfall 12533 Nasturtium Drive Michael & Mai Delaney 7404 Lion Street Michael Tamayo , 7853 Lion St. Miguel & Noemy Escalante 7861 Malachite Mike& Leanne Altamirano 8526 Willow Drive Misty Liebergen 8367 Sunset Trail Place Unit C Myra Williams 11225 Terra Vista Parkway#101 C Nicholas Montilepre &Alicia Soliz 10283 Hemlock St. Nicolas & Heather Martinez 11944 Fennel Court Norberto &Alicia Garcia 6889 Sard Street Resolution No. 12-032 - Page 4 of 7 ATTACHMENT A FIRST TIME HOME BUYER PROGRAM ASSET LIST Pamela Nieblas 11015 Muirfield Dr. Paul & Brenda Bunch 7850 Klusman Ave. Paul & Lizabeth Niederer 10254 Norwick St., 91730 Peggy Givens 11450 Church St., Unit 74 Rebekah Turner 8423 Western Trail PI., Unit E Rogelio &Abraham Pedroza 7388 Fennel Rd. Rudolfo & Leticia Lara 8229 Placida Ct. Ruth J. Paredes 11048 De Anza Drive Sally Fleck 8307 Vineyard#5 Sebastian & Lisa Macias 8429 Spring Desert#A Shaunda &Timothy Winby 7450 Hyssop Dr. Shavona Parker 8990 19 th Street, #261 Staphanie Cordova 12627 Coral Tree Rd Summer L. Strange 10151 Arrow Route#86 Sussan Cerna 8990 19th St., Unit 346 Syed Ali 11944 Dorset St. Teresa Valverde 7353 West Ellena#104 Teri Brewer 8481 Spring Desert PI. Unit C Tri Budiastuti 10249 Catalina Place Violet&Kenneth McMackin 7835 Amethyst St. Resolution No. 12-032 - Page 5 of 7 ATTACHMENT B AFFORDABLE HOUSING DEVELOPMENT ASSET LIST PROJECT NAME rt ='' ; ADDRESS -.AGREEM_ENT NUMBER;; San Sevaine Villas 13247 Foothill Blvd. RA 05-016 Villaggo on Route 66 10220 Foothill Blvd. RA 08-008 Sunset Heights 6230 Haven Avenue RA 05-025 (formerly Woodhaven Manor) Rancho Verde Village East 8837 Grove Avenue RA 05-010 Pepperwood Apartments 9055 Foothill Blvd. RA 06-018 Olen Jones Senior Housing 7125 Amethyst Avenue RA 01-017 Heritage Pointe 8590 Malven Avenue RA 01-009 Villa Del Norte 9901 Feron Blvd. RA 94405260 Villa Pacifica 9609 Base Line Road RA 95-014 Las Casitas 9775 Main Street 1997-0337259 Extended Affordability Agreement Varies 2007-0520102 (Original Rancho Verde, Mountainside, Monterey Village, Sycamore Springs) Resolution No. 12-032 - Page 6 of 7 ATTACHMENT C AFFORDABLE HOUSING PROPERTY ASSET LIST PROJECT NAME - LOCATION Base Line Road & Day Creek Blvd. Northwest corner of Base Line Road and Day Creek Blvd. Resolution No. 12-032 - Page 7 of 7