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Home My WebLink About13 - CC-13 - City Council Resolution Affirming the Ma - 1/17/2017CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 17, 2017 ITEM NUMBER: CC -13 SUBJECT: CITY COUNCIL RESOLUTION AFFIRMING THE MAYOR'S SELECTION AND APPOINTMENTS TO THE OVERSIGHT BOARD UNDER THE DISSOLUTION LAW, CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 24, PART 1.85, SECTION 34179 DATE: JANUARY 6, 2017 FROM: CITY CLERK'S OFFICE PRESENTATION BY: BRENDA GREEN, CITY CLERK CONTACT: BRENDA GREEN, CITY CLERK (714) 754-5225 RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 17-xx, affirming Mayor Foley's selection of Mayor Pro Tem Genis and Daniel Baker to the Oversight Board under the Dissolution Law, California Health and Safety Code, Division 24, Part 1.85, Section 34179. DISCUSSION: In connection with the dissolution of all California redevelopment agencies in early 2012, the Dissolution Law (Division 24, Part 1.85 of the California Health and Safety Code) a seven - member oversight board was established for every successor agency, which oversight board supervises the activities of the successor agency in connection with winding down the affairs of the jurisdiction's former redevelopment agency. Membership on each local oversight board is comprised of: • Two members appointed by the County Board of Supervisors; • One member appointed by the largest special district, by property tax share, with territory in the jurisdiction of the former redevelopment agency; • One member appointed by the County Superintendent of Schools/Board of Education; • One member appointed by the Chancellor of the California Community Colleges to represent community college districts in the county; • One member appointed by the Mayor; and • One member appointed also by the Mayor representing employees of the former redevelopment agency. Back in April 2012 in connection with the formation and holding of the first meeting of the Oversight Board to the Successor Agency to the Costa Mesa Redevelopment Agency ("Oversight Board"), then Mayor Righeimer made two appointments to the Oversight Board: (1) then, Councilmember Monahan, and (2) Daniel Baker as an employee who had provided services to the now dissolved Costa Mesa Redevelopment Agency ("former RDA"). The other members of the Oversight Board, as appointed by the County, the largest special district, the Board of Education and the Chancellor of Community Colleges, include: City Manager Tom Hatch, Assistant City Manager Rick Francis, Councilmember Righeimer, Andy Dunn and Jeff Trader, which appointments are administered by the applicable appointing entity. Under the Dissolution Law, the Oversight Board has a fiduciary responsibility to holders of enforceable obligations and to the affected taxing entities that benefit from distribution of the assets of the former RDA. The Oversight Board is authorized to review, take action and direct the Successor Agency regarding ROPS, and administer other matters as provided under the Dissolution Law. The actions of the Oversight Board are in turn reported to and overseen by the State of California, Department of Finance ("DOF"), and to the State Controller's Office and the County Auditor -Controller. It is noted that during the first several years of the Oversight Board there were many tasks and actions reviewed and taken, but the scope of work and actions by the Oversight Board have lessened. The review and action on the annual Recognized Obligations Payments Schedule (ROPS) is the primary responsibility; the next regular Oversight Board meeting is January 19, then there will be a regular meeting in September, but it will be necessary only if the ROPS requires amendment for the 17-18B fiscal period. The, perhaps last, Oversight Board meeting will occur in January 2018 for review and action on ROPS 18-19 A -B; then, as of June 30, 2018, all local oversight boards will dissolve and there will be just one County of Orange oversight board for oversight of all successor agencies in the county. Mayor Foley has the discretion and authority to appoint two members to the Oversight Board. Mayor Foley's first selection is at her discretion; she may appoint herself or any other qualified person in the community. The Mayor's second selection is a representative of an employee of the former RDA (the RDA had no employees, all administrative services were provided by City employees.) Section 34179(g) of the Dissolution Law provides that "Each member of an oversight board shall serve at the pleasure of the entity that appointed such member." The attached City Council Resolution affirms the Mayor's two appointments to the Oversight Board. BRENDA GREEN City Clerk RICHARD L. FRANCIS Assistant City Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AFFIRMING THE MAYOR'S SELECTION AND APPOINTMENT OF TWO MEMBERS TO THE OVERSIGHT BOARD UNDER CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 24, PART 1.85, SECTION 34179 WHEREAS, the Costa Mesa Redevelopment Agency ("former RDA") was established as a community redevelopment agency that was previously organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., and previously authorized to transact business and exercise powers of a redevelopment agency pursuant to action of the City Council of the City of Costa Mesa ("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 winding down of all redevelopment agencies; and WHEREAS, on December 29, 2011, in the petition California Redevelopment Association v. Matosantos, Case No. S194861, the California Supreme Court upheld the Dissolution Law and thereby all redevelopment agencies in California were dissolved as of and on February 1, 2012; and WHEREAS, Assembly Bill 1484 amended AB x1 26, as did other subsequent legislation, which together comprise and are referred to as the "Dissolution Law"; and WHEREAS, as of and on and after February 1, 2012, the Successor Agency to the Costa Mesa Redevelopment Agency ("Successor Agency") administers the enforceable obligations of the former RDA and otherwise is unwinding the former RDA's affairs, all subject to the review and approval by a seven -member oversight board formed thereunder, which for this Successor Agency is the Oversight Board to the Successor Agency to the Costa Mesa Redevelopment Agency ("Oversight Board"); and WHEREAS, Section 34179 of the Dissolution Law provides that the each successor agency shall have an oversight board composed of seven members, of which one of the seven members is appointed by mayor of the city and a second member is also appointed by the mayor representing the employees of the former redevelopment agency from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time; and WHEREAS, under Section 34179 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 distributed under Section 34188 of the Dissolution Law; and WHEREAS, in April 2012 the then Mayor of the City made two appointments to the Oversight Board; and WHEREAS, Section 34179(g) provides that "Each member of an oversight board shall serve at the pleasure of the entity that appointed such member"; and WHEREAS, the Mayor desires to make two appointments and by this Resolution the following persons are appointed to the Oversight Board: (1) Sandra Genis as a new member; and (2) Daniel Baker, Assistant to the City Manager, is reappointed as the former RDA employee member; and WHEREAS, further, by this Resolution the City Council intends to affirm the Mayor's appointments; and WHEREAS, these appointments will be posted on the City's Internet Web site relating to the Successor Agency: www.costamesaca.gov. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA: Section 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 2. The Mayor hereby appoints to the Oversight Board the following two members: (a) Mayor Pro Tem Genis; and (b) Daniel Baker, Assistant to the City Manager, as the former RDA employee member. Section 3. The City Council hereby affirms the Mayor's appointments of two members to the Oversight Board pursuant to Section 34179. Section 4. Under Section 34179(h)(1)(C) as amended by Senate Bill 107, the Oversight Board is not required to submit this action for review or approval by the DOF. Section 5. The City Clerk (who is also the Successor Agency Secretary) or her authorized designee shall cause information about the Mayor's appointments to be posted on the City's website relating to Successor Agency notices. Section 6. This Resolution shall be effective immediately upon adoption. Section 7. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 17th day of January 2017. Mayor Katrina Foley (SEAL) ATTEST: Brenda Green, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, Brenda Green, City Clerk of the City of Costa Mesa, hereby certify that the foregoing resolution was duly adopted by the City Council of said City at its regular meeting held on the 17th day of January 2017, and that it was so adopted by the following vote: AYES: NOES: ABSENT: Brenda Green, City Clerk City of Costa Mesa (SEAL)