Resolution Number SJCOB 13-06-25-02OVERSIGHT BOARD RESOLUTION NO. 13-06-25-02
A RESOLUTION OF THE OVERSIGHT BOARD TO THE SAN JUAN
CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY APPROVING
THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FROM JULY 1,
2013 TO DECEMBER 31, 2013, PURSUANT TO HEALTH AND SAFETY
CODE SECTION 341770).
WHEREAS, the San Juan Capistrano Community_ Redevelopment Agency
("Agency") was established as a community redevelopment agency duly organized and
existing under the California Community Redevelopment Law, Health and Safety Code
Section 33000, et seq. ("CRL"), and has been authorized to transact business and
exercise the power of a redevelopment agency pursuant to action of the City Council
("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 and Safety Code, which laws cause the dissolution and wind down of
all redevelopment agencies (the "Dissolution Act"); and
WHEREAS, the Agency is now a dissolved redevelopment agency pursuant to
the Dissolution Act; and
WHEREAS, by Resolution No. 12-01-10-01 approved by the City Council at an
open meeting on January 10, 2012, 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 all 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, pursuant to Health and Safety Code Section 34179 the Successor
Agency's Oversight Board has been formed and the initial meeting has occurred on
April 9, 2012; 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, Health and Safety Code Section 341770) requires the Successor
Agency to prepare a proposed Administrative Budget covering the upcoming six month
period and submit it to the Oversight Board for approval; and
WHEREAS, pursuant to Section 341770), the Successor Agency's
"Administrative Budget" is to include all of the following: (a) estimated amounts of the
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Successor Agency's administrative costs for the upcoming six month fiscal period; (b)
the proposed sources of payment for the administrative costs; and (c) proposals for
arrangements for administrative and operations services provided by the City as
Successor Agency; and
WHEREAS, pursuant to Section 34180(h) the Successor Agency may request
authorization from the Oversight Board for the Successor Agency and the City of San
Juan Capistrano to enter into an agreement to ensure provision of the necessary
services from the City to support Successor Agency responsibilities in winding down the
activities of the former Agency, including the estimated costs set forth in the
Administrative Budget; and
WHEREAS, the Oversight Board adopted Resolution No. 12-05-02-01 on May 2,
2012, to authorize the Successor Agency to enter into an "Agreement for
Reimbursement of Costs and City/Successor Agency Operations Loan" ("Costs
Reimbursement Agreement"), which agreement authorizes the reimbursement of costs
incurred by the City to support Successor Agency operations and obligations; and
WHEREAS, the Oversight Board adopted Resolution No. 12-05-02-01 on May 2,
2012, to approve the Administrative Budget for the period from February 1, 2012 to
June 30, 2012; and
WHEREAS, the Oversight Board adopted Resolution No. 12-06-20-01 on June
20, 2012, to approve the Administrative Budget for the period from July 1, 2012 to
December 31, 2012; and
WHEREAS, the Oversight Board adopted Resolution No. 12-12-19-01 on
December 19, 2012, to approve the Administrative Budget for the period from January
1, 2013 to June 30, 2013; and
WHEREAS, the Successor Agency's proposed Administrative Budget for the
period from July 1, 2013, to December 31, 2013 has been submitted to the Oversight
Board for its review and approval-, and
WHEREAS, the Administrative Budget, as approved by the Oversight Board, will
be provided to the County of Orange Auditor -Controller pursuant to Health and Safety
Code Section 34177(k) so that the Successor Agency's estimated administrative costs
in the approved Administrative Budget will be paid from available property tax revenues
deposited into the Redevelopment Property Tax Trust Fund first, then reserves for the
upcoming six-month period.
NOW THEREFORE, BE IT RESOLVED, that the Oversight Board to the
Successor Agency of the San Juan Capistrano Community Redevelopment Agency,
does hereby resolve as follows:
Section 1. The foregoing recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
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Section 2. Pursuant to CRL Section 341770), the Oversight Board approves the
Successor Agency's proposed Administrative Budget, attached hereto as Exhibit A and
incorporated by this reference.
Section 3. The Oversight Board authorizes the Executive Director and/or the Finance
Officer of the Successor Agency to transmit the Administrative Budget to the County
Administrative Officer, County of Orange Auditor -Controller, the California State
Department of Finance, and the State Controller's Office, and to cause the approved
Administrative Budget to be posted on the Successor Agency's website, all in
accordance with Section 34177(I)(2)(C) of the Dissolution Act.
Section 4. This Resolution shall take effect immediately upon adoption.
Section 5. The Secretary of the Oversight Board Secretary shall certify to the
adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 25th day of June 2013.
Laura Freese, Chair
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
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 13-06-25-02 was duly adopted by the Board
Members of the Oversight Board to the Successor Agency of the San Juan Capistrano
Community Redevelopment Agency at an adjourned regular meeting thereof, held the 25th day
of June 2013, by the following vote:
AYES: 8,, ARD MEMBERS: Doll, McCord, Hampton, and Chair -Freese
NOES OARD MEMBERS: None
ABSENT. OARD MEMBERS: Thomas, Tatarian, and Vice -Chair Kerr
MARfA MORS IS, Housing,.Quth rity Secretary
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