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HomeMy WebLinkAbout01 REAPPOINTING OFFICERS AND DEPUTY SECRETARY Agenda Item ___1___ AGENDA REPORT Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency MEETING DATE: APRIL 29, 2014 SUBJECT/ACTION: ADOPT OVERSIGHT BOARD RESOLUTION NO. 14-10, REAPPOINTING OFFICERS AND APPOINTING A DEPUTY SECRETARY FOR THE OVERSIGHT BOARD RECOMMENDATION / PROPOSED ACTION In accordance with California Health and Safety Code Section 34179, it is recommended the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency appoint a Deputy Secretary and adopt Oversight Board Resolution No. 14-10, reappointing Officers and appointing a Deputy Secretary. Note (: This Resolution shall be effective after transmittal of this Resolution to the Department of Finance (“DoF”) and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in the Dissolution Law. In this regard, if 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 DoF, will not be effective until approved by DoF.) BACKGROUND To ensure the Oversight Board meetings proceed in an orderly manner, the Board appointed the Chair, Vice Chair and Secretary to serve as its Officers in 2013. Due to the absence of its designated Secretary at its April 29 meeting, it is necessary to appoint a Deputy Secretary. The proposed Resolution would appoint a Deputy Secretary to perform the functions of the Secretary in his absence. The individual appointed to perform the Deputy Secretary functions may be a member of the Oversight Board or may be a member of the City or Successor Agency staff who regularly attends the Oversight Board meetings. Pursuant to Health and Safety Code Section 34179(g), Oversight Board members serve at the pleasure of the entity that appointed each member. Staff is available to answer any questions. Attachment: Oversight Board Resolution No. 14-10 998391.1 OVERSIGHT BOARD RESOLUTION NO. 14-10 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY REAPPOINTING OFFICERS AND APPOINTING A DEPUTY SECRETARY The Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency finds, determines and declares as follows: A. The City of Tustin (“City”) is a municipal corporation organized and operating under the laws of the State of California; and B. The Successor Agency is a public body corporate and politic, organized and operating under Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code, and the successor the former Tustin Community Redevelopment Agency (“former Agency”) that was previously a community redevelopment agency organized and existing pursuant to the Community Redevelopment Law, Health and Safety Code Section 33000, (“CRL”); and et seq. C. Assembly Bill x1 26 (“AB x1 26”) added Parts 1.8 and 1.85 to Division 24 of the California Health & Safety Code and which laws were modified, in part, and determined constitutional by the California Supreme Court in the petition California Redevelopment , ., Case No. S194861, which laws and court Association, et al. v. Ana Matosantoset al opinion caused the dissolution of all redevelopment agencies and winding down of the affairs of former redevelopment agencies; thereafter, such laws were amended further by Assembly Bill 1484 and subsequent legislation (together AB x126, the Matosantos Decision, and subsequent legislation are referred to as the “Dissolution Law”). All statutory references herein are to the Health and Safety Code of the Dissolution Laws unless otherwise stated; and D. As of February 1, 2012 the former Agency was dissolved pursuant to the Dissolution Law and as a separate public entity, corporate and politic the Successor Agency administers the enforceable obligations of the former Agency and otherwise unwinds the former Agency’s affairs, all subject to the review and approval by a seven-member oversight board (“Oversight Board”); and E. Section 34179 provides that the Oversight Board has fiduciary responsibilities to holders of enforceable obligations and the affected taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188 of Part 1.85 of the Dissolution Laws; and F. Section 34179(e) requires all actions taken by the Oversight Board to be taken by resolution; and G. Section 34179(a) requires the Oversight Board to designate and update from time to time members appointed as officers of the Oversight Board. 998389.1 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 hereby reappoints its Chairperson, Vice Chairperson, and Secretary, and appoints the following Deputy Secretary to act as its officers until replaced by the Oversight Board: Chairperson: Doug Davert Vice Chairperson: Debra Fitzsimons Secretary: Charles E. Puckett Deputy Secretary: ____________________________ Section 3. The Executive Director 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 Department of Finance ("DoF") and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in the Dissolution Law. In this request, if 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 DoF, will not be effective until approved by DoF. Section 5. The Secretary or Deputy Secretary of the Oversight Board shall certify to the adoption of this Resolution. th APPROVED AND ADOPTED this 29 day of April, 2014. Doug Davert, Chairman Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency ATTEST: __________________, Deputy Secretary Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency 998389.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) I, ________________________, Deputy 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. 14-10 was duly passed and adopted at a regular meeting of the th Oversight Board, held on the 29 day of April, 2014, by the following vote: BOARD MEMBER AYES: ________________________________ BOARD MEMBER NOES: ________________________________ BOARD MEMBERS ABSTAINED: ________________________________ BOARD MEMBERS ABSENT: ________________________________ _____________________________ __________________, Deputy Secretary Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency 998389.1