Loading...
HomeMy WebLinkAbout12-14 - Affirming Mayor's Selection/Appointment of Two Members of Oversight BoardRESOLUTION NO. 12-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AFFIRMING THE MAYOR'S SELECTION AND APPOINTMENT OF TWO MEMBERS TO THE OVERSIGHT BOARD PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 24, PART 1.85, SECTION 34179. WHEREAS, the Costa Mesa Redevelopment Agency, City of Costa Mesa, California ("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 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 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 formed thereunder; and WHEREAS, Section 34179 of the Dissolution Act provides that 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 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, pursuant to Section 34179 the Oversight Board shall have 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; WHEREAS, the Mayor desires to make two appointments and by this Resolution appoints the following members to the Oversight Board: (1) Mayor appoints himself as one member; and (2) Daniel K. Baker as the former Agency employee member; and WHEREAS, by this Resolution the City Council intends to affirm the Mayor's appointments; and WHEREAS, once appointed the seven members of the Oversight Board will elect one of their members as the chairperson and will report the name of the chairperson and other members to the Department of Finance on or before May 1, 2012; and WHEREAS, these appointments will be posted on the City's Internet Web site relating to the Successor Agency; and WHEREAS, pursuant to Section 34179 each member of an oversight board shall serve at the pleasure of the entity that appointed such member. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COSTA MESA: The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. The Mayor hereby appoints to the Oversight the following two members: (a) himself for one appointment, and (b) Daniel K. Baker as the former Agency employee member. The City Council hereby affirms the Mayor's appointments of two members to the Oversight Board pursuant to Section 34179. The Chief Executive Officer or his authorized designee shall cause this Resolution to be forwarded to the following: Successor Agency, Oversight Board, County Auditor-Controller, Department of Finance, and State Controller's Office. The Chief Executive Officer or his authorized designee shall cause information about the Mayor's appointments to be posted on the City's website relating to Successor Agency notices: This Resolution shall be effective immediately upon adoption. The City Clerk shall certify to the adoption of this Resolution. PASSED AND ADOPTED this 6th day of March, 2012. ——_ Gary Monahan,/Mayor ATTEST: APPROVED AS TO FORM: Julie olcik, City Clerk Tomas Dba2rt ; City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, "DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 12-14 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 6th day of March, 2012, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MONAHAN, RIGHEIMER, BEVER, LEECE, MENSINGER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 7th day of March, 2012. J IE FOLCIK, CITY CLERK (SEAL)