HomeMy WebLinkAbout14-10 (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, 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.
Oversight Board Resolution 14 -10
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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: F,-;,.a Raha
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.
APPROVED AND ADOPTED this 29th day/lof April,
Doug Davprt, Chairman
OversightB'oard of the Successor Agency to
the Tustim,Gommunity Redevelopment Agency
ATTEST:
Oversight Board Resolution 14 -10
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STATE OF CALIFORNIA
COUNTY OF ORANGE )SS
CITY OF TUSTIN )
I, Erica Rabe 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 Oversight Board, held on the 29"' day of April, 2014, by the following vote:
BOARD MEMBER AYES
West (5)
BOARD MEMBER NOES: None (0)
BOARD MEMBER ABSTAINED: None (0)
BOARD MEMBER ABSENT: Nielsen. Puckett (2)
Erica Deputy Secretary
Oversight Board of the Successor Agency to
the Tustin Community Redevelopment Agency
Oversight Board Resolution 14 -10
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