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Home My WebLink AboutResolution - OB 12-08 STATE OF CALIFORNIA ) RESOLUTION NO. OB 12-08 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE DISSOLVED SAN JACINTO REDEVELOPMENT AGENCY, APPROVING THE MINUTES OF THE APRIL 6, 2012 OVERSIGHT BOARD MEETING WHEREAS, pursuant to Health and Safety Code section 34173(d), the City of San Jacinto ("Successor Agency") is the successor agency to the dissolved San Jacinto Redevelopment Agency, confirmed by Resolution No. 3408 adopted on January 9, 2012; and WHEREAS, pursuant to Health and Safety Code section 34179(a), the Oversight Board is the oversight board to the Successor Agency; and WHEREAS, the Oversight Board held a public meeting on April 6, 2012, and has prepared the minutes for that meeting, which are attached hereto as Exhibit A and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the Oversight Board to the Successor Agency to the dissolved San Jacinto Redevelopment Agency: SECTION 1. Recitals. The Recitals preceding this Resolution are true and correct and are incorporated into this Resolution. SECTION 2. CEQA Compliance. The approval of the Minutes through this Resolution does not commit the Oversight Board to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. SECTION 3. Approval of the Minutes. The Oversight Board hereby approves and adopts the Minutes attached to this Resolution as Exhibit A. SECTION 4. Severabi%. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Oversight Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. 1 24439.31000\7556741.1 SECTION 5. Certification. The City Clerk of the City of San Jacinto, acting on behalf of the Oversight Board as its Secretary, shall certify to the adoption of this Resolution. SECTION 6. Effective Date. Pursuant to Health and Safety Code Section 34179(h), all actions taken by the Oversight Board may be reviewed by the State of California Department of Finance, and, therefore, this Resolution shall not be effective for five (5) business days, pending a request for review by the State of California Department of Finance. MOVED, PASSED AND ADOPTED on the 24th day of August, 2012, by the following vote: AYES: Elam, Hults, Paisley, Prill, Frontino NAYS: None ABSENT: Turner ABSTAIN: Heeren Fred Frontino, Chairperson ATTEST: Richard Miller, Oversight Board Secretary 2 24438.31000\7556741.1 EXHIBIT A APRIL 6,2012 MINUTES (Attached behind this cover page) 3 2443B.31000\7556741.1 MINUTES OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY APRIL 6, 2012 10:00 a.m. 625 S. Pico Ave San Jacinto Community Center, San Jacinto, California 92583 1. ORGANIZATION 1.1 Call to Order Elizabeth Hull, Best Best & Krieger called the meeting of the Successor Agency to the City of San Jacinto Redevelopment Agency to order at 10:15 a.m. 1.2 Pledge of Allegiance Ms Hull led the pledge of allegiance 1.3 Election of Officers: Chair and Vice Chair (a) Election of Chairman Becky Elam nominated Fred Frontino for Chair. There were no other nominations and Mr. Frontino was unanimously voted as Chair. (b) Election of Vice Chairman Jayne Christakos nominated Becky Elam for Vice Chair. There were no other nominations and Ms Elam was unanimously voted as Vice Chair. 1.4 Special Presentations 1 .4.1 Presentation regarding AB 1X26 and Oversight Board duties Ms Hull gave a brief overview on AB 1 X26 and spoke about the background on why there is a need for an Oversight Board. Due to the elimination of Redevelopment the City of San Jacinto has opted to be the Successor Agency. AB26 created the Oversight Board and every Redevelopment Agency in the state has their own Oversight Board. The Oversight Board will facilitate the wind down of the Redevelopment Agency. AB27 allowed for Redevelopment Agencies to pay a community remittance payment and buy their way back into redevelopment. In December 2011, the Supreme Court ruled and upheld AB26 thereby eliminating all Redevelopment Agencies, and overturned AB27 so there is no longer the ability to buy back and stay in existence. As of February 1, 2012 the City took over as the Successor Agency and Best Best & Krieger serves as legal counsel. The Successor Agency has certain obligations under AB26. It's their job to: • Pay all of the enforceable obligations. • Maintain any required bond reserves. • Remit all encumbered RDA funds to the County Auditor/Controller for distribution to taxing entities. This includes all the funds on deposit for low/moderate income housing. The Oversight Board has seven members representing different taxing entities and each member has several fiduciary obligations. These obligations include: • A responsibility to the people listed on the ROPS to insure there is money to pay them. • A responsibility to the taxing entities who will receive distributions from the County Auditor/Controller. AB26 does not provide for legal counsel for the Oversight Board; however, Ms Hull serves as counsel for the Successor Agency and has been advising staff on the preparation of documents. The Oversight Board requires that four members be present to have a quorum and four affirmative votes to take an action. All of the Oversight Board's actions are subject to review by the Department of Finance. Therefore, the Oversight Board is not the final arbitrator. Oversight Board Members are considered a public entity and subject to the Brown Act, Public Records Act and the Political Reform Act. Oversight Board Members are required to file a Form 700 (unless they are covered through their taxing entity). The Oversight Board has certain duties which are: • Direct the Successor Agency to dispose of all their assets and property. • Determine if there are any agreements that should be renegotiated or cease performing under or impacted by this dissolution. • Direct the transfer of the housing obligations to the appropriate entity, which in the City of San Jacinto is the San Jacinto Housing Authority. Oversight Board Minutes April 6,2012 Page 2 o16 An Oversight Board member serves at the pleasure of their appointing authority; therefore, they can be removed by their appointing authority. The Oversight Board will be eliminated either when all of the debts of the Agency have been paid or in 2016, whichever occurs first. In 2016 a new Oversight Board entity will be formed so all of the individual agencies will go away and a countywide one will be created. 2. PUBLIC COMMENTS: None 3. STAFF REPORTS 3.1 Designation of staff contact for Department of Finance / Approve / Counsel (a) Consideration of a Resolution Designating an Official Who the State of California Department of Finance May Contact Pursuant to Health and Safety Code Section 34179(h) M/S/C (Hults/Turner) moved to designate Acting Finance Director Tom Prill as official contact to the State of California Department of Finance and approve Resolution No. OB 12-01. Motion carried 7/0. Ayes: Christakos, Elam, Hults, Paisley, Prill, Turner, Frontino Nays: None Absent: None Abstain: None 3.2 Consideration of Draft Recognized Obligation Payment Schedules ("ROPS") and Consideration of the Successor Agency's Administrative Budget/Approve / Counsel (a) Consideration of a Resolution Approving a Recognized Obligation Payment Schedule February 1, 2012 Through June 30, 2012 Pursuant to Health and Safety Code Section 34177(I) (b) Consideration of a Resolution Approving a Recognized Obligation Payment Schedule July 1, 2012 Through December 31 , 2012 Pursuant to Health and Safety Code Section 34177(I) (c) Consideration of a Resolution Approving the Successor Agency's Administrative Budget Pursuant to Health and Safety Code Section 341770) Ms Hull reviewed the Recognized Obligation Payment Schedule (BOPS). Oversight Board Minutes April 6, 2012 Page 3 of 6 Acting Finance Director Prill commented that the ROPS was made in February but an estimate was to be made through June. Chairman Frontino requested a report that shows what has actually been paid. Copies of worksheets regarding pass thru calculations and agreements that were forwarded to the County will be distributed to the Oversight Board. Development Director Sharon Paisley reviewed the Main Street Fagade program. The intent is to complete the design and prepare the construction documents. The City Council recognizing that redevelopment is no longer in a position to fund the actual construction will consider the utilization of General Fund money to complete the fagade construction. Development Director Paisley reviewed the Contract Status for the Successor Agency to the San Jacinto Redevelopment Agency. She discussed the scope of work and status of each project as listed below: • Main Street Facade Improvements • Redevelopment Project Area Merger Amendment • Kuhns Property Acquisition/Demolition • Enterprise Zone Application • Economic Development Advisory Services • Downtown Specific Plan • Gateway Specific Plan • Senior Home Repair Program • Comprehensive Economic Development Strategy • Housing Rehabilitation Loan A copy of the last Redevelopment Audit will be provided to the Oversight Board. M/S/C (Christakos/Turner) moved to approve the Draft Recognized Obligation Payment Schedule as presented and approve Resolution No. OB 12-29 OB 12-03, and OB 12-04. Motion carried 7/0. Ayes: Christakos, Elam, Hults, Paisley, Prill, Turner, Frontino Nays: None Absent: None Abstain: None Oversight Board Minutes April 6,2012 Page 4 of 6 3.3 Overview of Assets /Approve / Counsel (a) Consideration of a Resolution Directing the Transfer of the Following to the San Jacinto Housing Authority: (1) Housing Assets and Functions Pursuant to Health and Safety Code Sections 34177 and 34181; and (2) Encumbered Low and Moderate Income Housing Funds Designated for Housing Projects Pursuant to Health and Safety Code Section 34181 It is requested that the following properties be transferred to the Housing Authority: APN Numbers — 433-180-034-2, 433-180-032-0, 433-180-031- 9, 433-180-029-8, 437-094-011-3, 437-094-006-9, 434-292- 016. M/S/C (Christakos/Turner) to approve Item 3.3 item a as presented and adopt Resolution No. OB 12-05. Motion carried 7/0. Ayes: Christakos, Elam, Hults, Paisley, Prill, Turner, Frontino Nays: None Absent: None Abstain: None (b) Consideration of a Resolution Directing the Successor Agency to Transfer Ownership of Assets and Properties of the Dissolved Redevelopment Agency to the City of San Jacinto Pursuant to Health and Safety Code Sections 34179€ and 34181 (a); and Development Director Paisley reviewed the Redevelopment Agency City of San Jacinto Properties Status. It is requested that the following properties be transferred to the City: APN Numbers - 437-046-010-3, 437-045-020-9, 435-020-031- 8, 437-072-009-4, 437-072-010-4, 435-211-001-1, 435-211- 002-2, 435-211-003-3, 435-220-024-0, 437-076-001, 435-076- 002. M/S/C (Turner/Christakos) to approve Item 3.3 item b as presented and adopt Resolution No. OB 12-06. Motion carried 7/0. Ayes: Christakos, Elam, Hults, Paisley, Prill, Turner, Frontino Nays: None Absent: None Abstain: None Oversight Board Minutes April 6,2012 Page 5 of 6 3.4 Overview of Remaining Assets of the Former San Jacinto Redevelopment Agency and Consideration of Appropriate Action / Discuss and Provide Possible Direction / Development Director This comprises of APN No.439-112-008-0, 439-112-009-1, 439-112- 004-6, 434-090-005-5. Staff was directed to come back with a plan for the above listed properties. 3.5 Scheduling of Future Meetings / Approve / Counsel Because the Oversight Board is a public agency under the Brown Act they are required to have regular scheduled meetings. Staff recommends that the Oversight Board approve and adopt Resolution No. OB 12-07, scheduling the meetings on the first Friday of every April and October at 10:00 a.m. at the San Jacinto Community Center, located at 625 South Pico Ave., San Jacinto. If meetings are needed in between they can be termed Special Meetings. M/S/C (Turner/Christakos) to approve Item 3.5 as presented and adopt Resolution No. OB 12-07. Motion carried 7/0. Ayes: Christakos, Elam, Hults, Paisley, Prill, Turner, Frontino Nays: None Absent: None Abstain: None 4. REPORTS / DISCUSSIONS All pass thru agreements will be sent to the Oversight Board as well as the RDA Minutes since January 2011. 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Assessor's Parcel Numbers: 439-112-032 and 439-112-033 Successor Agency Negotiator: Sharon Paisley, Development Director Negotiating Parties: Bill Neece, Neece Commercial Under Negotiation: Price and Terms of Payment 6. ADJOURNMENT Having no further business before the closed the meeting at 12:20 p.m. Oversight Board Minutes April 6,2012 Page 6 of 6