HomeMy WebLinkAboutCC AG PKT 2012-02-13 #DSUMMARY OF REQUEST
BACKGROUND AND ANALYSIS
AGENDA STAFF REPORT
DATE: February 13, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Mark H. Persico, AICP, Director of Development Services
SUBJECT: MAYOR'S APPOINTMENTS TO OVERSIGHT BOARD
AB 26 provides that the Mayor select an oversight board that will oversee the
Successor Agency to the Redevelopment Agency. The Mayor has selected Jill
R. Ingram, City Manager and Alayna Hoang, Senior Accountant.
As previously reported, the Supreme Court largely upheld AB 26 (which provides
for the windup and dissolution of redevelopment agencies), invalidated AB 27
(which provided for an alternative voluntary redevelopment program), and held
that AB 26 may be severed from AB 27 and enforced independently. The
Supreme Court generally revised the effective dates and deadlines for
performance of obligations in Part 1.85 (the dissolution provisions) arising before
May 1, 2012 to take effect four months later. As a result of the Supreme Court's
decision, on February 1, 2012, all redevelopment agencies were dissolved, and
cities do not have the option of making remittance payments to enable the
continued operation of redevelopment agencies. The City is the successor
agency for the Seal Beach Redevelopment Agency.
Health and Safety Code Section 34179 provides that each successor agency to a
former redevelopment agency shall have an oversight board composed of seven
members. The members must elect one of their members as the chairperson
and shall report the name of the chairperson and other members to the
Department of Finance on or before May 1, 2012. The Governor may appoint
individuals to fill any oversight board member position that has not been filled by
May 15, 2012, or any member position that remains vacant for more than 60
days.
Health and Safety Code Section 34179 provides that a majority of the total
membership of the oversight board shall constitute a quorum for the transaction
of business. A majority vote of the total membership of the oversight board is
required for the oversight board to take action. The oversight board shall be
Agenda Item D
deemed to be a local entity for purposes of the Ralph M. Brown Act, the
California Public Records Act, and the Political Reform Act.
Pursuant to Health and Safety Code Section 34179, the oversight board may
direct the staff of the successor agency to perform work in furtherance of the
oversight board's duties and responsibilities under Part 1.85. The successor
agency shall pay for all of the costs of meetings of the oversight board and may
include such costs in its administrative budget. Oversight board members shall
serve without compensation or reimbursement for expenses. Oversight board
members shall have personal immunity from suit for their actions taken within the
scope of their responsibilities as oversight board members.
Health and Safety Code Section 34179 provides that two members of the
oversight board are to be selected by the Mayor. One member does not need to
meet any particular requirements. The other member representing employees of
the former redevelopment agency shall be appointed by the Mayor "from the
recognized employee organization representing the largest number of former
redevelopment agency employees employed by the successor agency at that
time."
In the first category, the Mayor has selected Jill R. Ingram, City Manager. In that
the Seal Beach Redevelopment Agency did not employ any employees, the
Mayor has selected Alayna Hoang, Senior Accountant from the City's
management group, the employee organization employing the largest number of
employees that worked on redevelopment matters.
Pursuant to Health and Safety Code Section 34180, certain actions of a
successor agency shall first be approved by the oversight board. An example of
an action that requires such approval is a request by the successor agency to
enter into an agreement with the City.
Pursuant to Health and Safety Code Section 34181, the oversight board must
direct the successor agency to take certain actions. For example, the oversight
board must direct the successor agency to cease performance in connection with
and terminate all existing agreements that do not qualify as enforceable
obligations.
ENVIRONMENTAL IMPACT:
There will be no new environmental impact associated with the decisions outlined
above.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
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FINANCIAL IMPACT:
There will be no fiscal impacts associated with the decisions outlined above.
RECOMMENDATION:
This is an informational item and no action is required.
SUBMITTED BY:
Mark H. Persico,
Director of Development Services
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NOTED AND APPROVED:
II R. Ingram, C
anager