Resolution Number SJCOB 12-04-09-01OVERSIGHT BOARD RESOLUTION NO. 12-04-09-01
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY AFFIRMING
SELECTION CHAIR AND VICE -CHAIR PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 24, PART
1.85, SECTION 34179
WHEREAS, the San Juan Capistrano Community Redevelopment Agency
("Agency") was established as a redevelopment agency that was previously organized and
existing under the California Community Redevelopment Law, Health and Safety Code
Section 33000, et seq. ("CRL"), and previously authorized to transact business and
exercise powers of a redevelopment agency pursuant to action of the City Council of the
City of San Juan Capistrano ("City"); and
WHEREAS, Assembly Bill x1 26 added Parts 1.8 and 1.85 to Division 24 of the
California Health & Safety Code, which laws cause the dissolution and wind down of all
redevelopment agencies ("Dissolution Act"); and
WHEREAS, on December 29, 2011, in the petition Califomia Redevelopment
Association v. Matosantos, Case No. S194861, the California Supreme Court upheld the
Dissolution Act and thereby all redevelopment agencies in California were dissolved as of
and on February 1, 2012 under the dates in the Dissolution Act that were reformed and
extended thereby ("Supreme Court Decision"); and
WHEREAS, the Agency is now a dissolved redevelopment agency pursuant to the
Dissolution Act; and
WHEREAS, by a resolution considered and approved by the City Council at an open
public meeting the City chose to become and serve as the successor agency to the
dissolved Agency under the Dissolution Act; and
WHEREAS, as of and on and after February 1, 2012, the City serves and acts 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 a seven -member
oversight board ("Oversight Board"); and
WHEREAS, Section 34179 of the Dissolution Act provides that the Successor
Agency shall have an Oversight Board composed of seven members; and
WHEREAS, Section 34179 provides that the Oversight Board has fiduciary
responsibilities to holders of enforceable obligations and the taxing entities that benefit
from distributions of property tax and other revenues pursuant to Section 34188 of Part
1.85 of the Dissolution Act; and
WHEREAS, pursuant to Section 34179 the Successor Agency's Oversight Board
has been formed and the initial meeting has occurred on April 9, 2012; and
WHEREAS, at its initial meeting the Oversight Board members have been sworn in
as public officials and the Chair and Vice Chair have been selected by a majority vote of
the Oversight Board; and n
WHEREAS, by this Resolution the Oversight Board affirms its actions designating
the Chair and Vice Chair of the Oversight Board; and
WHEREAS, the names of these officers and all members of the Oversight Board will
be posted on the City's Internet Web site relating to the Successor Agency; and
NOW, THEREFORE, BE IT RESOLVED BY THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY:
The foregoing recitals are incorporated into this Resolution by this reference, and constitute a
material part of this Resolution.
The Chair of the Oversight Board is Laura Freese.
The Vice Chair of the Oversight Board is Virginia °Ginny° Kerr.
This Resolution shall be effective immediately upon adoption.
The Secretary of the Oversight Board shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this g1" day of April, 2012.
IE, CHAIR
7
STATE OF CALIFORNIA )
COUNTY OF ORANGE )as.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed Oversight Board Secretary of the Oversight Board to the Successor
Agency of the San Juan Capistrano Community Redevelopment Agency, do hereby certify that the
foregoing Oversight Resolution 12-04.09-01 was duly adopted by the Board Members of the
Oversight Board to the Successor Agency of the San Juan Capistrano Community Redevelopment
Agency at a special meeting thereof, held the 9' day of April, 2012, by the following vote:
AYES: OARD MEMBERS: Doll, McCord, Tatarian, Thomas, Kerr and Chair Freese
NOE , OARD MEMBERS: None
ABS, NT i 1 OARD MEMBERS: Dr. Farley
SECRETARY