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HomeMy WebLinkAbout4 ADOPT MEETING CALENDAR, RES NO. 12-09Agenda Item 4 AGENDA REPORT Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency MEETING DATE: AUGUST 28, 2012 SUBJECT/ACTION: ADOPT OVERSIGHT BOARD RESOLUTION NO. 12-09 APPROVING THE OVERSIGHT BOARD MEETING CALENDAR FOR OCTOBER 2012 THROUGH JUNE 2013 RECOMMENDATION / PROPOSED ACTION Adopt Oversight Board Resolution No. 12-09 approving the proposed Meeting Calendar for October 1, 2012 through June 30, 2013, with notice to be provided to the Oversight Board by staff of the Successor Agency to the Tustin Community Redevelopment Agency ("Successor Agency") when an individual Board meeting is not required. (Note: This shall be effective after transmittal of this Resolution to the DoF and the expiration of five (5) business days pending a request for review by the DoF within the time periods set forth in Assembly Bill No. 1484. In this regard, if the DoF requests review hereof, it will have 40 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 the DoF, will not be effective until approved by the DoF.). BACKGROUND The initial schedule was through September 30, 2012 and was approved by the Oversight Board on March 13, 2012. Attached is a proposed meeting calendar for October 1, 2012 through June 30, 2012. The meetings will generally be the second and fourth Tuesdays of each month provided there are scheduled agenda items, work effort needed by the Oversight Board, and anticipated Oversight Board actions. At this time, there are only second Tuesday meetings scheduled for November and December. As a result of Assembly Bill 1484, Sections 34179.5 and 34179.6 were added to the Dissolution Act and require a licensed accountant to conduct two (2) due diligence reviews to determine the unobligated balances available for transfer to taxing entities. The first review for the Low and Moderate Income Housing Fund is to be completed by October 1, 2012. Upon receipt of the review, the Oversight Board must convene a public comment session at least five business days before the Oversight Board holds the approval vote. The final results of the review are to be transmitted to the Department of Finance ("DoF") and county auditor -controller by October 15, 2012. In order to accommodate these requirements, a special Oversight Board meeting is scheduled for 5 pm on Monday, October 1, 2012. The Oversight Board will hold the approval vote on the regularly scheduled meeting of Tuesday, October 9, 2012. Agenda Report August 28, 2012 Page 2 The second due diligence review of all other fund and account balances is to be completed by December 15, 2012. As required with the first review, the Oversight Board must convene a public comment session at least five business days before the Oversight Board holds the approval vote. The final results of the review are to be transmitted to the DoF and County Auditor -Controller by January 15, 2013. Depending upon when the review is completed, it may not be necessary to schedule a special Oversight Board meeting for the public comment session. Staff will monitor the situation and, if it does become necessary, will work with the Oversight Board Chair to schedule a special Oversight Board meeting. Successor Agency staff is available to answer any questions the Oversight Board may have. Attachment: Oversight Board Resolution No. 12-09 OVERSIGHT BOARD RESOLUTION NO. 12-09 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APPROVING THE MEETING CALENDAR FOR THE PERIOD OF OCTOBER 2012 THROUGH JUNE 2013 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 community redevelopment agency that was previously organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and previously authorized 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. AB X1 26 ("AB26") added Parts 1.8 and 1.85 to Division 24 of the California Health and 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. S194861, the California Supreme Court upheld the Dissolution Act and thereby all redevelopment agencies in California are subject to the Dissolution Act and were dissolved as of and on February 1, 2012; and D. The Agency is now a dissolved community redevelopment agency pursuant to the Dissolution Act; and E. By a resolution considered and approved by the City Council at an open public meeting on January 17, 2012 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 as the "Successor Agency" and will perform its functions as the Successor Agency under the Dissolution Act to administer the enforceable obligations of the Successor Agency and otherwise unwind the Successor Agency's affairs, all subject to the review and approval by the seven - member Oversight Board formed thereunder; and G. Pursuant to Section 34179, the Successor Agency's Oversight Board has been formed and the initial meeting has occurred on March 13, 2012; and H. Section 34179(e), as amended by Assembly Bill 1484 ("AB 1484"), requires all actions taken by the Oversight Board to be adopted by resolution; and I. On March 13, 2012 the Oversight Board approved an initial meeting calendar through September 30, 2012, with notice to be provided to the Oversight Board by staff of the Oversight Board Resolution 12-09 Page 1 of 3 Successor Agency to the Tustin Community Redevelopment Agency when an individual Board meeting is not required; and J. The Oversight Board has duly considered all other related matters and has determined that the approval of Oversight Board Meeting Calendar for the period of October 1, 2012 through June 30, 2013 is in the best interest of the City and Agency and in the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED BY A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY 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. The Oversight Board approves the meeting calendar attached hereto as Attachment No. 1 and incorporated herein, and further authorizes the Successor Agency to transmit this Resolution to the County Auditor -Controller, the State Department of Finance ("DoF"), and the State Controller's Office. Section 3. The City Manager of the Successor Agency or his authorized designee is directed to post this Resolution on the City/Successor Agency website. Section 4. This Resolution shall be effective after transmittal of this Resolution to the DoF and the expiration of five (5) business days pending a request for review by the DoF within the time periods set forth in Assembly Bill No. 1484, which amended the Dissolution Act and was approved by the Governor on June 27, 2012. In this regard, if the DoF requests review hereof, the DoF will have 40 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 the DoF. Section 5. The Secretary of the Oversight Board shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 281" day of August, 2012. Doug Davert, Chairman Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency ATTEST: Jerry Amante, Secretary Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency Oversight Board Resolution 12-09 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) I, JERRY AMANTE, Secretary of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency, do hereby certify that the whole number of the members of the Agency Board is seven; that the above and foregoing Resolution No. 12-09 was duly passed and adopted at a regular meeting of the Oversight Board, held on the 28th day of August, 2012, by the following vote: BOARD MEMBER AYES: BOARD MEMBER NOES: BOARD MEMBERS ABSENT: Jerry Amante, Secretary Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency Attachment No. 1 — Oversight Board Meeting Calendar (October 1, 2012 through June 30, 2013) Oversight Board Resolution 12-09 Page 3 of 3 ATTACHMENT NO. 1 OVERSIGHT BOARD MEETING CALENDAR October 1, 2012 through June 30, 2013 Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency 2012 October November December m©©©mm© M T W TH F S mmmmmmm February 12, 26 1 2 m O mmm®® mmmm 7 mm 9 m®mm 11 12 13 M mm 16 mmmmmmm 18 19 20 21 22 23 mmmmmmm • mm®mm 27 mmm mm m mmmmmmm January mm©©mm© M T W TH F S mmmmmmm February 12, 26 1 2 mmmmmmm 4 mmmmm mmmm 7 mm 9 ®M®mM 11 12 13 M mm 16 mmmmmmm 18 19 20 21 22 23 m • mm®mm 27 mmm mm m mmmmmmm April m©©©mmm M T W TH F S mmmmmmm February 12, 26 1 2 mmmmmmm 4 mmmmm 6 7 mm 9 m®mm 11 12 13 M mm 16 mmmmmmm 18 19 20 21 22 23 mmmmmmm 25 26 27 mmm mm m mmmmmmm Meeting Times: 4 p.m. Location: City Council Chambers Tustin City Hall 300 Centennial Way Tustin, CA 9278o m©©©mmm M T W TH F S mmmmmmm February 12, 26 1 2 mmmmmmm 4 5 6 7 mm 9 m®®m®mm 11 12 13 14 15 16 mmmmmmm 18 19 20 21 22 23 mmmmmmm 25 26 27 mmm mm m mmmmmmm 2013 February S M T W TH F S mmmmmmm February 12, 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 mm m mmmmmmm May m©©©m©m March 12, 26 November 13 April 9, 23 December 11 May 14, 28 January 8, 22 mmmmmmm February 12, 26 mmmmmmm mmm m mmmmmmm mmmmmmm • mmmmm mmmm mmmmmmm mmmm • mm m mmmmmmm m©©©mmm March 12, 26 November 13 April 9, 23 December 11 May 14, 28 January 8, 22 mmmmmmm February 12, 26 mmmmmmm m mmm®®om mmmmmmm • mmmmm mmmm mmmmmmm • mm m m®mmmmm March m©©©mmm March 12, 26 November 13 April 9, 23 December 11 May 14, 28 January 8, 22 mmmmmmm February 12, 26 mmmmmmm m MMMMMMm m • mmmmm mmmm mmmm • mm m mmmmmmm June ©©©©®©© March 12, 26 November 13 April 9, 23 December 11 May 14, 28 January 8, 22 mmmmmmm February 12, 26 mmmmmmm mmm®®m® mmmmmmm mmmm mmmmmmm m mmmmmmm Tentative Meeting Dates: Special Meeting — October ist @ 5 p.m.* October 9, 23 March 12, 26 November 13 April 9, 23 December 11 May 14, 28 January 8, 22 June 11, 25 February 12, 26