HomeMy WebLinkAbout- CC-9 - Mayor's Appointments to the Oversight Bo - 3/6/2012CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 6, 2012 ITEM NUMBER:
SUBJECT: MAYOR'S APPOINTMENTS TO THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY
DATE: FEBRUARY 29, 2012
FROM: OFFICE OF THE CHIEF EXECUTIVE OFFICER
PRESENTATION BY: THOMAS R. HATCH, CHIEF EXECUTIVE OFFICER
FOR FURTHER INFORMATION CONTACT:
RECOMMENDED ACTION:
THOMAS R. HATCH @ (714) 754-5328
Adopt City Council Resolution 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 (Attachment 1).
DISCUSSION:
Assembly Bill x1 26 ("Dissolution Act") requires the creation of a seven -member Oversight
Board to supervise the activities of the Successor Agency to the Costa Mesa Redevelopment
Agency ("Agency") in connection with winding down the affairs of the former Redevelopment
Agency. Membership on the Oversight Board is comprised of the following appointments:
• 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 Agency and who was previously eligible to receive tax
increment from the former Agency;
• One member appointed by 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 from the recognized employee organization
representing former redevelopment agency employees.
As noted, two members of the seven -member Oversight Board are to be appointed by the
Mayor. One of these appointments is selected by the Mayor at his discretion. The second
member is representative of a former employee of the Agency. The Mayor has recommended
to staff and by this agenda item appoints of the following members to the Oversight Board: (1)
the Mayor appoints himself as one member; and (2) Daniel K. Baker as the former Agency
employee member.
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As we are aware, the Dissolution Act eliminated redevelopment agencies throughout the State
effective February 1, 2012. Pursuant to Section 34173 of the Dissolution Act, the City of Costa
Mesa elected to serve and act as the Successor Agency to the former Agency to wind down the
affairs of the Agency. Under the Dissolution Act, the Successor Agency's activities are subject
to review and approval by the Oversight Board; and, the Oversight Board is charged with
supervising the activities of the Successor Agency. 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 Agency. The Oversight Board is authorized to direct
the Successor Agency regarding contracts, obligations, and other arrangements between the
former Agency and third parties, including whether enforceable obligation(s) should be
terminated or renegotiated, to reduce the Successor Agency's liabilities and to increase net
revenues for distribution to the affected taxing entities. The actions of the Oversight Board are
in turn to be reported to and overseen by the Department of Finance and the State Controller's
Office, and the County Auditor -Controller. While the Oversight Board may be formed as late as
May 1, 2012, the members should be appointed as soon as practicable so they can achieve a
quorum of four or more members of the total seven, schedule their first meeting, and begin to
carry out their responsibilities under the Dissolution Act, including without limitation review and
approval of the initial ROPS, administrative budget, and all subsequent ROPS and
administrative budgets of the Successor Agency.
ALTERNATIVES CONSIDERED:
An alternative would be for the Mayor to appoint other persons to serve on the Oversight Board
to the Successor Agency to the Costa Mesa Redevelopment Agency.
FISCAL REVIEW:
There is no fiscal impact to appointment of members to the Oversight Board. It is noted that the
Dissolution Act provides that members of the Oversight Board serve without compensation or
reimbursement for expenses and the Dissolution Act does not expressly include provisions to
fund the administration of the Oversight Board.
LEGAL REVIEW:
The City Attorney and Special Council have reviewed this agenda report.
CONCLUSION:
The Mayor appoints himself and Daniel K. Baker to serve on the Oversight Board to the
Successor Agency to the Costa Mesa Redevelopment Agency. The attached City Council
Resolution makes and affirms such appointments
THOMAS R. HATCH
Chief Executive Officer
Attachment 1 Resolution No. 12 -XX
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THOMAS P. DUARTE
City Attorney
ATTACHMENT 1
RESOLUTION NO. 12-
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
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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.
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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 6t" day of March, 2012.
ATTEST:
Gary Monahan, Mayor
APPROVED AS TO FORM:
Julie Folcik, City Clerk Thomas Duarte, City Attorney
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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- and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 6t" day of March, 2012, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 7t" day of March, 2012.
JULIE FOLCIK, CITY CLERK
(SEAL)
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