Resolution Number SJCOB 12-04-09-03OVERSIGHT BOARD RESOLUTION NO. 12-04-09-03
A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY AFFIRMING THE DESIGNATION OF
SECRETARY, AND DESIGNATION OF POINTS OF CONTACT FOR
DEPARTMENT OF FINANCE REVIEW REQUESTS 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; 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 California 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,
4-9-2012
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 17
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, the Oversight Board desires to designate its Secretary, who is a
member of the Successor Agency staff, Maria Morris, City Clerk, or in her absence the
Deputy City Clerk; and,
WHEREAS, by this Resolution the Oversight Board affirms its actions designating
the Secretary; and,
WHEREAS, the names of the officers and all members of the Oversight Board will
be posted on the City's internet website relating to the Successor Agency; and,
WHEREAS, by this Resolution the Oversight Board desires to designate the
identified point of contact for Department of Finance ("DOF") review requests.
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 Secretary of the Oversight Board is Maria Morris, City Clerk, or in her absence the
Deputy City Clerk.
The Oversight Board hereby designates the City Manager, Karen P. Brust, and as an
alternate Cynthia L. Russell, Chief Financial Officer/City Treasurer, as the points of contact
for the Department of Finance with regard to requests for review of or questions regarding
the Oversight Board's and/or the Successor Agency's actions, the enforceable obligations,
Recognized Obligation Payment Schedule, and other matters related to the Dissolution
Act.
The City Manager of the City acting as Successor Agency or her authorized designee shall
cause this Resolution to be forwarded to the following: County Auditor -Controller,
Department of Finance, and State Controller's Office.
The City Manager of the City acting as Successor Agency or her authorized designee shall
cause information about the Oversight Board's appointments to be posted on the City's
website relating to the Successor Agency notices. j
7
2 4-9-2012
This Resolution shall be effective immediately upon adoption.
_ The Secretary of the Oversight Board shall certify to the adoption of this Resolution.
L
PASSED, APPROVED, AND ADOPTED this g'" day of April, 2012.
LAURA FREESE, CHAIR
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 12-04-09.03 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 a day of April, 2012, by the following vote:
AYES: OA D MEMBERS: Doll, McCord, Tatarian, Thomas, Kerr and Chair Freese
NOES //�� O� RD MEMBERS: None
ASSEIyI': I RD MEMBERS: Dr. Farley
4-9-2012