HomeMy WebLinkAbout16-03 (Transfer of Two Successor Agency Properties) OVERSIGHT BOARD RESOLUTION NO. 16-03
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY APPROVING THE
TRANSFER OF TWO SUCCESSOR AGENCY
PROPERTIES TO THE CITY OF TUSTIN
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 to 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 ("HSC") 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. On January 27, 2015, pursuant to HSC Section 34191.4, the Oversight Board
approved the Long Range Property Management Plan ("LRPMP"); and
Oversight Board Resolution No. 16-03
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G. On February 3, 2015, the Successor Agency submitted the LRPMP to the
Department of Finance ("DoF") for approval; and
H. On December 10, 2015, DoF approved the LRPMP; and
I. During the course of DoF's LRPMP review, it was discovered the former Agency still
holds title to the Tustin Library ("Library") and Tustin Senior Center ("Senior Center");
and
J. In accordance with HSC Section 34181(a)(1), the two Successor Agency properties,
the Library and Senior Center, were constructed and used for a government purpose
and, as such, can be transferred to the appropriate public jurisdiction; and
K. Pursuant to HSC Section 34181(f), the Successor Agency published a "Notice of
Public Meeting" in the Orange County Register on January 23rd, notifying the public
that the Oversight Board will be considering the transfer of the two Successor
Agency properties to the City at the Board's February 2nd meeting; and
L. Pursuant to HSC Section 34181(a), the Oversight Board has duly considered and
approved the transfer of two Successor Agency governmental use properties to the
City; and
M. The Oversight Board has determined approval of the transfer and submission to DoF
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. Pursuant to Section 34181(a) of the Dissolution Law, the Oversight
Board approves the transfer of the Library and the Senior Center to the City and
authorizes the Successor Agency to transmit this Resolution to the DoF.
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 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. Pursuant to HSC Section
34181(f), if DoF requests review hereof, it will have 60 days from the date of its request
to approve this Oversight Board property disposition action or return it to the Oversight
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Board for reconsideration and the action, if subject to review by DoF, will not be
111 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 2ND day of February, 2016.
1
i ,Doug Dav , Chairman
Oversighard of the Successor Agency to
the Tusti ,Community Redevelopment Agency
ATTEST:
la
Charles E. "Chuck" Puckett, Secretary
Oversight Board of the Successor Agency to
the Tustin Community Redevelopment Agency
I
I
Oversight Board Resolution No. 16-03
Page 3 of 4
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. 16-03 was duly passed and adopted at a special meeting
of the Oversight Board, held on the 2nd day of February, 2016, by the following vote:
BOARD MEMBER AYES: Davert, Puckett, Bernstein, Nielsen,
Soria, West ( 6 )
BOARD MEMBER NOES: None ( 0 )
BOARD MEMBER ABSTAINED: None ( 0 )
BOARD MEMBER ABSENT: Fitzsimons ( 1 )
Charles E. "Chuck" Puckett, Secretary
Oversight Board of the Successor Agency to
the Tustin Community Redevelopment Agency
Oversight Board Resolution No. 16-03
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