HomeMy WebLinkAbout12-14 SARDA Resolution RESOLUTION NO. SARDA 12-14
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY ADOPTING A LOAN
SETTLEMENT POLICY FOR APPROVED SHORT-SALES
AND REFINANCES WITH ACTIVE FIRST TIME HOME
BUYER AND RESIDENTIAL IMPROVEMENT PROGRAM
LOANS
THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Board of Directors of the Successor Agency to
the Temecula Redevelopment Agency does hereby find, determine and declare that:
A. The Redevelopment Agency of the City of Temecula was a redevelopment
agency in the City of Temecula, duly created pursuant to the Community
Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the
California Health and Safety Code (hereafter the "Temecula Redevelopment Agency").
On June 12, 1988, the Board of Supervisors of the County of Riverside adopted
Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside
County Redevelopment Project No. 1988-1." On December 1, 1989, the City of
Temecula was incorporated. The boundaries of the Project Area described in the Plan
are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City
Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-
15 establishing the Redeve�opment Agency of the City of Temecula and transferring
jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-
11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of
Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been
amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The
Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in
accordance with Health and Safety Code Section 33490.
B. ABX1 26 and ABX1 27 were signed by the Governor of California on June
29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8
(commencing with Section 34161) and Part 1.85 (commencing with Section 34170)
("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety
Code").
C. 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 ABX1 26 and
ABX1 27 were unconstitutional.
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D. On December 29, 2011, the Supreme Court issued its opinion in the
Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that
ABX1 26 may be severed from ABX1 27 and enforced independently.
E. 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.
F. As a result of the Supreme Court's decision, on February 1, 2012, all
redevelopment agencies, including the Temecula Redevelopment Agency, were
dissolved and replaced by successor agencies established pursuant to Health and
Safety Code Section 34173.
G. The City Council of the City of Temecula (the "City") adopted Resolution
No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the
successor agency for the Temecula Redevelopment Agency upon the Agency's
dissolution.
H. The City Council of the City of Temecula, Acting as the Governing Body
for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution
No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula
Redevelopment Agency duly constituted pursuant to law and establishing rules and
regulations for the operation of the Successor Agency to the Temecula Redevelopment
Agency ("Successor Agency").
Section 2. Approval of Loan Settlement Policy. The Board hereby
approves the Loan Settlement Policy consisting of the following terms:
A. The Executive Director, in consultation with the Successor Agency's legal
counsel, may negotiate the settlement of a First Time Home Buyer Program loan, or
Residential Improvement Program loan, including, without limitation, revised payments
or forgiveness of the loan, when a short-sale or refinance has been approved and
evidence to that affect has been provided, or as deemed necessary or advisable by the
Successor Agency's legal counsel.
B. Documentation evidencing that a short-sale or refinance is necessary or
required, and provided prior to any and all loan settlement agreements.
Section 3. Executive Director Authority. The officers and staff of the
Successor Agency are hereby authorized and directed, jointly and severally, to do any
and all things which they may deem necessary or advisable to effectuate this
Resolution, including submitting the Loan Settlement Policy to the oversight board for
approval, and any such actions previously taken by such officers are hereby ratified and
confirmed.
Section 4. The Secretary shall certify to the adoption of this Resolution.
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PASSED, APPROVED, AND ADOPTED by the Board of Directors of the
Successor Agency to the Temecula Redevelopment Agency this 28th day of August,
2012. �
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Ch k W shington, hairperson
ATTEST:
Susan . J es, MMC
City C rk/Bo Secret ry
[S EAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Successor Agency to
the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No.
SARDA 12-14 was duly and regularly adopted by the Board of Directors of the Successor
Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 28th
day of August, 2012, by the following vote: �
AYES: 5 BOARD MEMBERS: Comerchero, Edwards, Naggar, Roberts,
Washington
NOES: 0 BOARD MEMBERS: None
ABSENT: 0 BOARD MEMBERS: None
ABSTAIN: 0 BOARD MEMBERS: None
Susan . Jones, MMC
Ci Clerk/ oard Secretary
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