HomeMy WebLinkAbout17-06 - Appointment to Oversight -RESOLUTION NO. 17-06
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 UNDER CALIFORNIA HEALTH AND SAFETY CODE,
DIVISION 24, PART 1.85, SECTION 34179
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
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
Resolution No. 17-06 Page 1 of 4
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
Resolution No. 17-06 Page 2 of 4
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
CK01-1f_11 iT1 �F
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.
Resolution No. 17-06 Page 3 of 4
APPROVED AND ADOPTED this 17th day of January 2017.
Mayor
APPROVED AS TO FORM:
Thomad vffdgrte/Cif Attorney
ATTEST:
&X& aam
Brenda Greeny City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
the above and foregoing is the original of Resolution No. 17-06 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 17th
day of January, 2017, by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
Foley, Genis, Mansoor, Righeimer, and Stephens
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 18th day of January, 2017.
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BRENDA GREEN, ITY CLERK
Resolution No. 17-06 Page 4 of 4