HomeMy WebLinkAbout2012-04-24 OB Agenda Item No. 3OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE
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FROM: BARBARA LEIBOLD, SUCCESSOR AGENCY COUNSEL
DATE: APRIL 24, 2012
SUBJECT: LEGAL COUNSEL
Background:
On January 10, 2012, the City of Lake Elsinore elected to serve as the Successor
Agency to the Redevelopment Agency of the City of Lake Elsinore. The Successor
Agency is now responsible for the winding down of the Agency's obligations subject to
monitoring by, and approval of, the'Oversight Board. The Successor Agency will have
its own oversight board until 2016, when all oversight boards will be consolidated into
one county -wide Oversight Board.
California Health & Safety Code Section 34179 requires (1) the formation of oversight
boards for each successor agency to the former redevelopment agencies; (ii) defines
the composition of the oversight board; (Iii) defines what constitutes a quorum; (iv)
states that oversight boards must comply with the Ralph M. Brown Act, the California
Public Records Act, and the Political Reform Act of 1974; and (v) that oversight boards
have a fiduciary responsibility to holders of enforceable obligations and the taxing
entities that benefit from distributions of property tax and other revenue.
Discussion:
At the Oversight Board Meeting on April 10, 2012, a number of questions were asked
about the role of the Oversight Board and the staff members attending the meeting,
including legal counsel. The purpose of this Report is to reiterate to the Board Members
and their respective appointing bodies that as the City Attorney of the City of Lake
Elsinore, I am attending the Board meetings as counsel to the City of Lake Elsinore,
both in its capacity as the City and in its capacity as the Successor Agency to the Lake
Elsinore Redevelopment Agency. As such, I represent the interests of the City and the
Successor Agency. I do not represent the Oversight Board.
Under the law, the Oversight Board is charged with governing the dissolution of the
former redevelopment agency while protecting the interests of the taxing entities. The
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Legal Counsel
April 24, 2012
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members of the Oversight Board act as fiduciaries with respect to the various taxing
entities that benefit from distributions of property tax and other revenue.
Though I do not represent the Oversight Board, I am available to answer procedural
questions and can refer the Board to relevant statutory or regulatory provisions during
the course of an Oversight Board meeting in my capacity as counsel to the Successor
Agency and City Attorney. In the event a conflict arises between the interests of the
City and /or the Successor Agency on the one hand, and the Oversight Board and taxing
entities on the other hand, Members are may consult with legal counsel to the entity that
appointed you.
Recommendation:
That the Oversight Board review and file this Report.
Prepared and approved by: Barbara Leibold,
City Attorney /Successor Agency Counsel
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