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HomeMy WebLinkAbout03 REAPPOINTING OFFICERS 2016Agenda Item 3 AGENDA REPORT Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency MEETING DATE: JANUARY 26, 2016 SUBJECT/ACTION: ADOPT OVERSIGHT BOARD RESOLUTION NO. 16-05, REAPPOINTING OFFICERS RECOMMENDATION / PROPOSED ACTION In accordance with California Health and Safety Code ("HSC') Section 34179, it is recommended the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency adopt Oversight Board Resolution No. 16-05, reappointing Officers, subject to the following condition: a) Should any subsequent modifications be required, the City Manager and/or Finance Director, or their authorized designee, shall be authorized to make any augmentation, modification, additions or revisions as may be necessary subject to certification by the Oversight Board Chair. (Note: Pursuant to HSC Section 34179(h)(1)(C), oversight boards are not required to submit the selection of officers to the Department of Finance for approval. As a result, this Resolution shall be effective immediately.) 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 2014. It is necessary to reappoint the Officers. 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. 16-05 OVERSIGHT BOARD RESOLUTION NO. 16-05 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY REAPPOINTING OFFICERS 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, et seq. ("CRL"); and 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 Association, et al. v. Ana Matosantos, et al., Case No. S194861, which laws and court 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, Secretary, and Deputy Secretary to act as its officers until replaced by the Oversight Board- Chairperson- Vice oard: Chairperson:Vice Chairperson- Secretary- Deputy hairperson:Secretary:Deputy Secretary: Doug Davert Debra Fitzsimons Charles E. Puckett Erica Rabe 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. Pursuant to HSC Section 34179(h)(1)(C), oversight boards are not required to submit the selection of officers to the Department of Finance for approval. As a result, this Resolution shall be effective immediately. Section 5. The Secretary or Deputy Secretary of the Oversight Board shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 26th day of January, 2016. Doug Davert, Chairman Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency ATTEST: Charles E. "Chuck" Puckett, 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, CHARLES E. "CHUCK' PUCKETT, 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. 16-05 was duly passed and adopted at a regular meeting of the Oversight Board, held on the 26th day of January, 2016, by the following vote: BOARD MEMBER AYES: BOARD MEMBER NOES: BOARD MEMBERS ABSTAINED: BOARD MEMBERS ABSENT: Charles E. "Chuck" Puckett, Secretary Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency 998389.1