RESOLUTION NO. SA 25-01
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE SAN CLEMENTE REDEVELOPMENT AGENCY REQUESTING ORANGE COUNTYWIDE OVERSIGHT BOARD ACTION TO FORMALLY DISSOLVE THE SUCCESSOR AGENCY, CONDITIONED UPON APPROVAL BY THE OVERSIGHT BOARD AND CALIFORNIA DEPARTMENT OF FINANCE, AND TAKING RELATED ACTIONS WHEREAS, the Successor Agency to the San Clemente Redevelopment Agency (“Successor Agency”) has been duly created and existing in accordance with applicable law, including Part 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code (the “Dissolution Law”), as the successor-in-interest by operation of law of the former San Clemente Redevelopment Agency (“RDA”); and WHEREAS, the Successor Agency is tasked with winding down the RDA’s affairs; and WHEREAS, pursuant to Section 34179(j) of the California Health and Safety Code (“HSC”), from and after July 1, 2018, the Orange Countywide Oversight Board (the “Oversight Board”) is the oversight board for the Successor Agency; and WHEREAS, in accordance with the Dissolution Law, the Successor Agency has over the years duly submitted the Recognized Obligation Payment Schedule (“ROPS”) to the Oversight Board to the Successor Agency (“Oversight Board”) and California Department of Finance (“DOF” or “department”), which have duly been approved by the Oversight Board and DOF; and WHEREAS, in accordance with the Dissolution Law, all “enforceable obligations” (as defined in Health and Safety Code section 34171(d)) of the former RDA have been paid off pursuant to the duly approved ROPS; and WHEREAS, pursuant to Health and Safety Code section 34187(b) in the Dissolution Law (“Section 34187(b)”), “When all of the enforceable obligations have been retired or paid off, all real property has been disposed of pursuant to Section 34181 or 34191.4, and all outstanding litigation has been resolved, the successor agency shall, within 30 days of meeting the aforementioned criteria, submit to the oversight board a request, with a copy of the request to the county auditor-controller, to formally dissolve the successor agency, and the oversight board shall approve the request within 30 days, and shall submit the request to the department”; and WHEREAS, the Successor Agency meets all criteria in Section 34187(b) to request and process to completion the formal dissolution of the Successor Agency; and WHEREAS, the Successor Agency prefers to commence the process to formally dissolve at this time in accordance with the Dissolution Law.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Successor Agency to the San Clemente Redevelopment Agency, as follows:
Section 1. The Recitals above are true and correct and comprise a substantive part on this Resolution and are hereby incorporated fully herein by this reference.
Section 2. The Board of Directors hereby finds and determines that all of the Dissolution Criteria set forth in HSC Section 34187(b) for the Successor Agency’s dissolution have been met.
Section 3. The Board of Directors, pursuant to Section 34187(b), hereby requests that the Oversight Board adopt a resolution (the “OB Resolution”) approving the Successor Agency’s request to formally dissolve and commence the process to formally dissolve the Successor Agency.
Section 4. The Board of Directors hereby authorizes and directs the officers and the other staff members of the Successor Agency to take any other or further actions on behalf of the Successor Agency and execute such documents, as may be necessary or appropriate, to implement the request and satisfy the conditions of formal dissolution, as provided for in this Resolution. The authorization and direction in this section includes but is not limited to the submittal of a copy this Resolution to the County Auditor-Controller in accordance with Section 34187(b), and submittal and execution of any documents as may be requested by the Oversight Board or DOF.
Section 5. If any provisions of this Resolution or the application thereof 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 Board of Directors hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
Section 6. The Secretary shall certify to the passage and adoption of this Resolution and submit it to the Oversight Board.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
____________________________ __________________________ Secretary of the Successor Agency Chair of the Board of the Successor Agency to the San Clemente Redevelopment Agency STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, Secretary of the Successor Agency to the San Clemente Redevelopment Agency, do hereby certify that Resolution No. SA 25-01 was adopted at a special meeting of the Board of Directors of the Successor Agency to the San Clemente Redevelopment Agency held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
Secretary, Successor Agency
Approved as to form:
_______________________________
Elizabeth A. Mitchell, General Counsel
Resolution No. SA 25-01 Page 2
Attachment 1