HomeMy WebLinkAbout12-08 (Agmt w/ White Nelson Diehl Evans for Accounting Svcs.)OVERSIGHT BOARD RESOLUTION NO. 12-08
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY AUTHORIZING THE
SUCCESSOR AGENCY TO ENTER INTO AN AGREEMENT
WITH WHITE NELSON DIEHL EVANS LLP TO PROVIDE
ACCOUNTING SERVICES PURSUANT TO HEALTH AND
SAFETY SECTION 34179.5
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
OMNI
C. On December 29, 2011, in the petition California Redevelopment Association v.
IN
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 Agency and otherwise unwind the
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
Oversight Board Resolution 12-08
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I. In accordance with Section 34179.5(a) as added by AB 1484, the Successor Agency
shall employ a licensed accountant to conduct a due diligence review to determine the
unobligated balances available for transfer to taxing entities; and
J. In accordance with Section 341770) and direction from the Department of Finance
("DoF"), the source of funds for employing the licensed accountant will be the
administrative budget of the Successor Agency.
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 authorizes the Successor Agency to enter into a
Consultant Services Agreement with White Nelson Diehl Evans LLP, and further authorizes
the Successor Agency to transmit this Resolution to the County Auditor-Controller, the 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, 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 of the Oversight Board shall certify to the adoption of this
Resolution.
APPROVED AND ADOPTED this 28th day ofAugust, 2012.
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Oversight Board Resolution 12-08
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Chairman
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STATE OF CALIFORNIA
COUNTY OF ORANGE )SS
CITY OF TUSTIN
1, 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. 12-08 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: Davert, Fitzsimons, Amante, Nielsen,
Puckett, Soria, West (7)
BOARD MEMBER NOES: None (0)
BOARD MEMBER ABSTAINED: None (0)
BOARD MEMBER ABSENT: / None (0)
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ersig Board of the Successor Agency to
the Tus in Community Redevelopment Agency
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Oversight Board Resolution 12-08
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