HomeMy WebLinkAboutSeal Beach 22001 (Dissolution)The foregoing was passed and adopted by the following vote of the Orange Countywide
Oversight Board on TUESDAY, JANUARY 18, 2022
YES: STEVE FRANKS, STEVE JONES, ANIL KUKREJA, BRIAN
PROBOLSKY, DEAN WEST
NOES:
EXCUSED: CHARLES BARFIELD, PHILLIP E. YARBROUGH
ABSTAINED:
/I/-
BPR OLSKY
CHAIRMAN
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, KATHY TAVOULARIS, Clerk of the Orange Countywide Oversight Board, Orange
County, California, hereby certify that a copy of this document has been delivered to the Chairman
of the Board and that the above and foregoing Resolution was duly and regularly adopted by the
Orange Countywide Oversight Board.
IN WITNESS WHEREOF, I have hereto set my hand.
Orange Countywide Oversight Board
Resolution No: 22-001
Agenda Date: Tuesday, January 18, 2022
Item No: 4
RESOLUTION OF THE ORANGE COUNTYWIDE OVERSIGHT BOARD
RESOLUTION NO. 22-001
IN THE MATTER OF THE FORMAL DISSOLUTION OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT
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WHEREAS, pursuant to AB Xl 26 (enacted in June 2011) and the California Supreme
Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.
4th 231 (2011), the Redevelopment Agency of the City of Seal Beach (the "Former Agency")
was dissolved as of February 1, 2012, and the Successor Agency to the Seal Beach Redevelopment
Agency (the "Successor Agency") was constituted; and
WHEREAS, pursuant to Section 341790) of the California Health and Safety Code
("HSC"), commencing on and after July 1, 2018, the Orange Countywide Oversight Board (the
"Countywide Oversight Board") has jurisdiction over the Successor Agency; and
WHEREAS, the Successor Agency is tasked with winding down the Former Agency's
affairs; and
WHEREAS, pursuant to HSC Section 34187(b), the Successor Agency shall submit to
the Countywide Oversight Board a request, with a copy to the Orange County Auditor -Controller
(the "County Auditor -Controller") to formally dissolve the Successor Agency within 30 days of
meeting the following criteria (collectively, the "Dissolution Criteria"):
(i) all enforceable obligations have been retired or paid off,
(ii) all real property has been disposed of pursuant to HSC Section 34181 or
34191.4, and
(iii) all outstanding litigation has been resolved.; and
WHEREAS, the Countywide Oversight Board received a copy of Resolution No. SA 21-
02, adopted on September 27, 2021 (the "SA Request Resolution"), by the Board of Directors
(the "SA Board") of the Successor Agency, which is set forth in Exhibit A attached hereto; and
WHEREAS, by adoption of SA Resolution, the SA Board found and determined that the
Successor Agency have met the Dissolution Criteria and requested the Countywide Oversight
Board to approve and direct the Successor Agency's formal dissolution; and
WHEREAS, pursuant to HSC Section 34187(b), the Countywide Oversight Board shall
approve the Successor Agency's dissolution request within 30 days and, further, shall submit such
request to the California State Department of Finance (the "DOF"); and
12805-0001\2531148J2.dm
WHEREAS, the Countywide Oversight Board adopted Resolution No. 21-027, on
October 12, 2021 (the "OB Approving Resolution"), approving the Successor Agency's request
to formally dissolve; and
WHEREAS, the DOF issued its letter, dated November 17, 2021 (the "DOF Approval"),
approving the OB Approval Resolution; and
WHEREAS, pursuant to HSC Section 34187(e), within 100 days of the issuance of the
DOF's Approval, the Successor Agency shall dispose of all remaining assets as directed by the
Countywide Oversight Board and the proceeds of such disposition shall be transferred to the
County Auditor -Controller (the "Final Transfer"); and
WHEREAS, as memorialized in the SA Request Resolution, the Successor Agency's
remaining assets consisted only of the Released Bond Funds (as defined in the SA Request
Resolution); and
WHEREAS, the Final Transfer was accomplished by the transfer of the Released Bond
Funds and remaining administrative funds, in the amount of $535,525.52 to the County Auditor -
Controller on December 7, 2021; and
WHEREAS, the SA Board adopted Resolution No. SA 21-03, on December 13, 2021 (the
"SA Notification Resolution"), to notify the Countywide Oversight Board of the completion of
the Final Transfer, and a copy of the SA Notification Resolution is set forth in Exhibit A;
WHEREAS, pursuant to HSC Section 34187(f), upon receipt of the SA Notification
Resolution, the Countywide Oversight Board shall: (i) make a verification (the "Verification") all
of the Successor Agency's obligations have been retired or paid off, all outstanding litigation has
been resolved, and all remaining assets have been disposed of with any proceeds remitted to the
County Auditor -Controller for distribution to the affected taxing entities; and (ii) within 14 days
of Verification, adopt a final resolution of dissolution for the Successor Agency, which shall be
effective immediately; and
WHEREAS, the Countywide Oversight Board has completed the Verification;
NOW, THEREFORE, BE IT RESOLVED THAT THE ORANGE COUNTYWIDE
OVERSIGHT BOARD:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into
the Resolution by this reference.
SECTION 2. The Countywide Oversight Board hereby finds, determines and verifies
that, with respect to the Successor Agency, all of the Successor Agency's obligations have been
retired or paid off, all outstanding litigation has been resolved, and all remaining assets have been
disposed of with any proceeds remitted to the County Auditor -Controller for distribution to the
affected taxing entities.
12805-0001 \2531148v2.doc
SECTION 3. The Successor Agency is hereby dissolved.
SECTION 4. The Clerk of the Countywide Oversight Board is hereby directed to send
copies of this Resolution to the City of Seal Beach, the County Auditor -Controller, the State
Controller's Office, and the DOF by electronic means and in a manner of each entity's choosing
SECTION 5. The approval of this Resolution does not commit the Countywide 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 (California Public Resources Code Section 21000 et seq.).
SECTION 6. If any provision of this Resolution or the application of any such provision
to any person or circumstance is held valid, 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 Countywide Oversight Board
declares that the Countywide Oversight Board would have adopted this Resolution irrespective of
the invalidity of any particular portion of this Resolution.
SECTION 7. Pursuant to HSC Section 34187(f), this Resolution shall become effective
immediately upon adoption.
SECTION 8. The Clerk of the Countywide Oversight Board shall certify to the adoption
of this Resolution.
The foregoing was passed and adopted by the following vote of the Orange Countywide
Oversight Board on the 18 day of January, 2022.
12805-0001 \253114M.doc
EXHIBIT A
SA Notification Resolution
Resolution No. SA 21-03
adopted by the Board of Directors of the Seal Beach Successor Agency
(attached)
12805-0001 \2531148d1.doc