HomeMy Public PortalAbout15-24 - Authority Agreeing to become a Member of the Carson Public Financing Authoriy and Approving the Amended and Restated Joint Exercise of Powers AgreementRESOLUTION NO. 15-24-CHA
A RESOLUTION OF THE BOARD OF THE CARSON HOUSING
AUTHORITY AGREEING TO BECOME A MEMBER OF THE
CARSON PUBLIC FINANCING AUTHORITY AND APPROVING
THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT FOR THE CARSON PUBLIC FINANCING
AUTHORITY
WHEREAS, the Carson Public Financingz:) Authority ("Financing Authority") was created
C
by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson
('"City") and the Carson Redevelopment Agency ("former -RDA"); and
WHEREAS, redevelopment agencies in the State of California were dissolved on
February 1, 2012; and
WHEREAS, the City elected to serve as the Successor Agency to the former -RDA
pursuant to the California Health & Safety Code ("Successor Agency"); and
C,
WHEREAS, on or about January 9, 2012, the City Council adopted Resolution No. 12-
004, implementing its Resolution No. 11-035 (adopted on March 8, 2011), which formally
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created the Carson C
HousinZ, a Authority ("Housing Authority") pursuant to the Health & Safety
Code to carry out housing functions within the City; and
WHEREAS, the Successor Agency must now continue to wind down the affairs of the
former -RDA and, as a result, must act to remove itself from the Financing Authority; and
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WHEREAS, the Successor Agency, the City, and the Housing Authority desire to
continue financing various projects through the Financing Authority without the membership of
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the Successor Agency; and
WHEREAS. the City Council agrees to allow the Housing Authority to Join the
Financing Authority as a Member to assist in the conducting of its business under state law; and
WHEREAS, the HousingAuthority desires to join the Financing Authority as a Member;
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and
WHEREAS, the Financing Authority will remain a separate public entity and apart from
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the City, Successor Agency, and the Housing Authority; and
WHEREAS, the Joint Exercise of Powers Agreement for the Financing Authority needs
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to be amended to include the Housing Authority as a Member and to remove the Successor
Agency as a Member.
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NOW, THEREFORE, the BOARD of the CARSON HOUSING AUTHORITY, does
hereby ordain as follows:
[MORE]
RESOLUTION NO. 15-24-CHA
PAGE 2 OF 3
Section 1. The foregoing recitals are true and correct and are incorporated by
reference herein.
Section 2. The Board hereby agrees to join the Financing Authority as a participating
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Member.
Section 3. The Board further approves and adopts the Amended and Restated Joint
Exercise of Powers Agreement for the Financing Authority, substantially in the form attached
hereto as Exhibit A with such revisions, amendments, and completions as shall be approved by
the Housinc, Authority Executive Director with the advice of the Housing Authority Counsel.
Section 4. The Board further approves and adopts the Bylaws of the Financing
Authority, substantially in the form attached hereto as Exhibit B.
Section 5. Any Responsible Officer of the Housing Authority is hereby authorized
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and directed to execute and deliver any and all documents and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
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contemplated by this Resolution.
Section 6. The Board Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the
Carson Housinc,C, CYit
Authority Board on this day of i y,r , 2015.
Chair Albert Robles
ATTESf
Board Secretary DJ,6�lq /3-
INFEITNInu
sing *ithoritp Counsel
RESOLUTION NO. 15-24-CHA
PAGE 3 OF 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Jim Dear, Secretary of the Carson Housing Authority, of the City of Carson, California, do hereby
certify that the whole number of members of the Carson Housing Authority is five; that the foregoing
resolution, being Resolution No. 15-24-CHA was duly and regularly adopted by said Authority at a
regular meeting duly and regularly held on the 6th day of October, 2015, and that the same was passed
and adopted by the following vote:
AYES: AUTHORITY BOARD MEMBERS: Chairman Robles, Santarina, Davis -Holmes, Hilton and
Gause-Aldana
NOES:
AUTHORITY BOARD MEMBERS:
None
ABSTAIN:
AUTHORITY BOARD MEMBERS:
None
ABSENT:
AUTHORITY BOARD MEMBERS:
None
Secretary Jim Dear
CITY OF CARSON 701 East Carson Street
t�
Mrs .
File #: 2015-783, Version: 1
Report to Public Financing Authority
Tuesday, October 06, 2015
Discussion
SUBJECT:
CONSIDER RESOLUTIONS SUBSTITUTING THE HOUSING AUTHORITY FOR THE
FORMER REDEVELOPMENT AGENCY AS A MEMBER OF THE CITY'S PUBLIC
FINANCING AUTHORITY
I. SUMMARY
The original Public Financing Authority Joint Powers Agreement (JPA) was
established on November 17, 1992 between the City of Carson and the Carson
Redevelopment Agency by Resolution No. 92-094. On February 1, 2102 the
Redevelopment Agency was dissolved by AB 1X 26, signed by the Governor in
June, 2011. The Housing Authority was created by Resolution No. 11-035, adopted
on March 8, 2011 and implemented by Resolution No. 12-004 on January 9, 2012.
These resolutions and amended/restated joint exercise of powers authority
agreement for the Public Financing Authority substitute the Housing Authority for
the former Redevelopment Agency as a member of the JPA (Exhibit Nos. 1, 2, 3, 4,
& 5).
II. RECOMMENDATION
TAKE the following actions:
1. APPROVE Resolution of the City Council approving the Amended & Restated
JPA Agreement and allowing the Housing Authority to join and the Successor
Agency to withdraw from the Public Financing Authority.
2. APPROVE the Resolution of the Housing Authority approving the Amended and
Restated JPA Agreement and joining the Public Financing Authority.
CITY OF CARSON
Page 1 of 4
15
File #: 2015-783, Version: 1
3. APPROVE the Resolution of the Successor Agency approving the Amended &
Restated JPA Agreement and allowing the Housing Authority to join the Public
Financing Authority.
4. APPROVE the Resolution of the Successor Agency withdrawing from the Public
Financing Authority.
5. AUTHORIZE the Mayor to execute the Resolutions and the Joint Powers
Agreement following approval as to form by the City Attorney.
Ill. ALTERNATIVES
1. DO NOT APPROVE the substitution.
2. TAKE another action the City Council deems appropriate.
IV. BACKGROUND
In August, 2015, the City was contacted by the California State Controller's Office
(SCO) regarding the Carson Public Financing Authority Joint Powers Agreement
(JPA.). The initial purpose of the request was to review this JPA (Carson Public
Financing Authority) and determine if there was a financial disclosure requirement
per Government Code 12463. This entity's information is pending in their system
and they wished to review and update the full text agreement. According to the
Notice of a Joint Powers Agreement, the original JPA was established on November
17, 1992 between the City of Carson and the Carson Redevelopment Agency by
Resolution No. 92-094.
As part of the review, the SCO noted that the JPA should have amended the
Carson Public Financing Authority Joint Powers Agreement at least once since the
dissolution of the Redevelopment Agency by the State of California in 2012.
CITY OF CARSON Page 2 of 4 Printed on 10/1/2015
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File #: 2015-783, Version: 1
However, the JPA has not been amended to remove the former Redevelopment,
Agency as one of the forming entities.
On January 9, 2012, the City Council adopted Resolution No. 12-004, that
implemented Resolution No. 11-035, adopted on March 8, 2011, that formally
created the Carson Housing Authority; that certain Agency Resolution No. 11-17
(adopted April 19, 2011), that authorized and directed the Redevelopment Agency
to transfer all housing set-aside funds and certain housing properties to the Carson
Housing Authority pursuant to that certain Amended and Restated Transfer
Agreement dated April 19, 2011, and that Housing Authority Resolution No. 11-3,
adopted on April 19, 2011, that approved the Transfer Agreement and accepted the
transfer of housing set-aside funds and properties from the Redevelopment Agency.
These resolutions and amended/restated joint exercise of powers authority
agreement for the Public Financing Authority serve to substitute the Housing
Authority for the former Redevelopment Agency as a member of the JPA. Note that
the bylaws and the JPA agreement are exhibits to some of the resolutions. Because
part of the actions is to withdraw the former RDA from the Public Financing
Authority, the resolutions need to be adopted in the following order:
1. Resolution of City Council approving the Amended and Restated JPA
Agreement and allowing the Housing Authority to Join and the Successor
Agency to withdraw from the Public Financing Authority; and
2. Resolution of the Housing Authority approving the Amended & Restated JPA
Agreement and joining the Public Financing Authority; and
3. Resolution of the Successor Agency approving the Amended & Restated JPA
Agreement and allowing the Housing Authority to join the Public Financing
Authority; and
4. Resolution of the Successor Agency withdrawing from the Public Financing
Authority.
5. Joint Exercise of Powers Agreement
V. FISCAL IMPACT
There is no fiscal impact to the change in members of the JPA.
VI. EXHIBITS
1. Resolution of City Council approving the Amended and Restated JPA
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File M 2015-783, Version: 1
Agreement and allowing the Housing Authority to Join and the Successor
Agency to withdraw from the Public Financing Authority. (pgs. 5-7)
2. Resolution of the Housing Authority approving the Amended & Restated JPA
Agreement and joining the Public Financing Authority. (pgs. 8-10)
3. Resolution of the Successor Agency approving the Amended & Restated JPA
Agreement and allowing the Housing Authority to join the Public Financing
Authority. (pgs. 11-13)
4. Resolution of the Successor Agency withdrawing from the Public Financing
Authority. (pgs. 14-15)
5. Amended and Restated Joint Exercise of Powers Agreement. (pgs. 16-25)
Prepared by: John Raymond, Community Development Director
CITY OF CARSON Page 4 of 4 Printed on 10/1/2015
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RESOLUTION NO. 15-109
A RESOLUTION OF THE C COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, DING THE CARSON HOUSING
AUTHORITY AS M BER OF THE CARSON PUBLIC
FINANCING AUTHO T AND APPROVING AN AMENDED AND
RESTATED JOINT RCISE OF POWERS AGREEMENT FOR
THE CARSON PUBLI FINANCING AUTHORITY
WHEREAS, the Carson Public Financing Authority ("Financing Authority") was created
by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson
("City") and the Carson Redevelopment Agency ("former -RDA");
WHEREAS, redevelopment agencies in the State of California were dissolved on
February 1, 2012;
WHEREAS, the City elected to serve as the Successor Agency to the former -RDA
pursuant to the California Health & Safety Code ("Successor Agency");
WHEREAS, on or about January 9, 2012, the City Council adopted Resolution No. 12-
004, implementing its Resolution No. 11-035 (adopted on March 8, 2011), which formally
created the Carson Housing Authority ("Housing Authority") pursuant to the Health & Safety
Code to carry out housing functions within the City;
WHEREAS, the Successor Agency must now continue to wind down the affairs of the
former -RDA and, as a result, must act to remove itself from the Financing Authority;
WHEREAS, the Successor Agency, the City, and the Housing Authority desire to
continue financing various projects through the Financing Authority without the membership of
the Successor Agency;
WHEREAS, the City Council agrees to allow the Housing Authority to join the
Financing Authority as a Member to assist in the conducting of its business under state law;
WHEREAS, the Financing Authority will remain a separate public entity and apart from
the City, Successor Agency, and the Housing Authority; and
WHEREAS, the Joint Exercise of Powers Agreement for the Financing Authority needs
to be amended to include the Housing Authority as a Member and to remove the Successor
Agency as a Member.
NOW, THEREFORE, the CITY COUNCIL of the CITY of CARSON, CALIFORNIA,
does hereby ordain as follows:
Section 1. The foregoing recital are true and correct and are incorporated by
reference herein.
01007.0001/268550.3 Resolution No. 15-109
September 15, 2015
Page 1 of 3
EXHIBIT NO. 1 `'
Section 2. The City Council hereby approves and accepts the addition of the Carson
Housing Authority as a Member of the Public Financing Authority.
Section 3. The City Council hereby approves and accepts the Successor Agency's
withdrawal as a Member of the Public Financing Authority.
Section 4. The City Council hereby approves and adopts the Amended and Restated
Joint Exercise of Powers Agreement for the Financing Authority, substantially in the form
attached hereto as Exhibit A with such revisions, amendments, and completions as shall be
approved by the City Manager with the advice of the City Attorney.
Section 5. Any Responsible Officer of the City of Carson is hereby authorized and
directed to execute and deliver any and all documents and instruments and to do and cause to be
done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution.
Section 6. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council on this day of , 2015.
Mayor Albert Robles
ATTEST:
City Clerk
City Attorney
01007.00011268550.3 Resolution No. 15-109
September 15, 2015
Page 2 of 3
A
•
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , City Clerk of the City of Carson, hereby attest to and certify that the foregoing
resolution is the original resolution adopted by the City Council at its regular
meeting held on the day of , 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim Dear, City Clerk
01007.0001/268550.3 Resolution No. 15-109
September 15, 2015
Page 3 of 3
7
RESOLUTION NO. 15-24-CHA
A RESOLUTION OF THE BOARD F THE CARSON HOUSING
AUTHORITY AGREEING TO B COME A MEMBER OF THE
CARSON PUBLIC FINA ING AUTHORITY AND APPROVING
THE AMENDED AND RES T D JOINT EXERCISE OF POWERS
AGREEMENT FOR THE CARSON PUBLIC FINANCING
AUTHORITY
WHEREAS, the Carson Public Financing Authority ("Financing Authority") was created
by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson
("City") and the Carson Redevelopment Agency ("former -RDA");
WHEREAS, redevelopment agencies in the State of California were dissolved on
February 1, 2012;
WHEREAS, the City elected to serve as the Successor Agency to the former -RDA
pursuant to the California Health & Safety Code ("Successor Agency");
WHEREAS, on or about January 9, 2012, the City Council adopted Resolution No. 12-
004, implementing its Resolution No. 11-035 (adopted on March 8, 2011), which formally
created the Carson Housing Authority ("Housing Authority") pursuant to the Health & Safety
Code to carry out housing functions within the City;
WHEREAS, the Successor Agency must now continue to wind down the affairs of the
former -RDA and, as a result, must act to remove itself from the Financing Authority;
WHEREAS, the Successor Agency, the City, and the Housing Authority desire to
continue financing various projects through the Financing Authority without the membership of
the Successor Agency;
WHEREAS, the City Council agrees to allow the Housing Authority to join the
Financing Authority as a Member to assist in the conducting of its business under state law;
WHEREAS, the Housing Authority desires to join the Financing Authority as a Member;
WHEREAS, the Financing Authority will remain a separate public entity and apart from
the City, Successor Agency, and the Housing Authority; and
WHEREAS, the Joint Exercise of Powers Agreement for the Financing Authority needs
to be amended to include the Housing Authority as a Member and to remove the Successor
Agency as a Member.
NOW, THEREFORE, the BOARD of the CARSON HOUSING AUTHORITY, does
hereby ordain as follows:
Section 1. The foregoing recitals are true and correct and are incorporated by
reference herein.
01007.00011268714.2 Resolution No. 15-24-CHA
September 15, 2015
Page 1 of 3
EXHIBIT NO. 2
Section 2. The Board hereby agrees to join the Financing Authority as a participating
Member.
Section 3. The Board further approves and adopts the Amended and Restated Joint
Exercise of Powers Agreement for the Financing Authority, substantially in the form attached
hereto as Exhibit A with such revisions, amendments, and completions as shall be approved by
the Housing Authority Executive Director with the advice of the Housing Authority Counsel.
Section 4. The Board further approves and adopts the Bylaws of the Financing
Authority, substantially in the form attached hereto as Exhibit B.
Section 5. Any Responsible Officer of the Housing Authority is hereby authorized
and directed to execute and deliver any and all documents and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution.
Section 6. The Board Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the
Carson Housing Authority Board on this day of , 2015.
Chair Albert Robles
ATTEST:
Board Secretary
Housing Authority Counsel
01007.0001/268714.2 Resolution No. 15-24-CHA
September 15, 2015
Page 2 of 3
A
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , Board Secretary for the Carson Housing Authority, hereby attest to and certify that
the foregoing resolution is the original resolution adopted by the Housing Authority
Board at its regular meeting held on the day of , 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim Dear, Board Secretary
01007.0001/268714.2 Resolution No. 15-24-CHA
September 15, 2015
Page 3 of 3
RESOLUTION NO. 15 -23 -CSA
A RESOLUTION OF THE BOARD OF E SUCCESSOR AGENCY
OF THE CARSON REDEVELOPM T AGENCY ADDING THE
CARSON HOUSING AUTHORIT AS A MEMBER OF THE
CARSON PUBLIC FINA ING AUTHORITY AND APPROVING
THE AMENDED AND RES A D JOINT EXERCISE OF POWERS
AGREEMENT FOR THE CARSON PUBLIC FINANCING
AUTHORITY
WHEREAS, the Carson Public Financing Authority ("Financing Authority") was created
by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson
("City") and the Carson Redevelopment Agency ("former -RDA");
WHEREAS, redevelopment agencies in the State of California were dissolved on
February 1, 2012;
WHEREAS, the City elected to serve as the Successor Agency to the former -RDA
pursuant to the California Health & Safety Code ("Successor Agency");
WHEREAS, on or about January 9, 2012, the City Council adopted Resolution No. 12-
004, implementing its Resolution No. 11-035 (adopted on March 8, 2011), which formally
created the Carson Housing Authority ("Housing Authority") pursuant to the Health & Safety
Code to carry out housing functions within the City;
WHEREAS, the Successor Agency must now continue to wind down the affairs of the
former -RDA and, as a result, must act to remove itself from the Financing Authority;
WHEREAS, the Successor Agency, the City, and the Housing Authority desire to
continue financing various projects through the Financing Authority without the membership of
the Successor Agency;
WHEREAS, the City Council agrees to allow the Housing Authority to join the
Financing Authority as a Member to assist in the conducting of its business under state law;
WHEREAS, the Housing Authority desires to join the Financing Authority as a Member;
WHEREAS, the Financing Authority will remain a separate public entity and apart from
the City, Successor Agency, and the Housing Authority; and
WHEREAS, the Joint Exercise of Powers Agreement for the Financing Authority needs
to be amended to include the Housing Authority as a Member and to remove the Successor
Agency as a Member.
NOW, THEREFORE, the BOARD of the SUCCESSOR AGENCY FOR THE CARSON
REDEVELOPMENT AGENCY, does hereby ordain as follows:
01007.0001/268720.3 Resolution No. 15 -23 -CSA
September 15, 2015
Page 1 of 3
FXNTRTT mn -� 11
Section 1. The foregoing recitals are true and correct and are incorporated by
reference herein.
Section 2. The Successor Agency Board ("Board") hereby agrees to accept the
Housing Authority into the Financing Authority as a participating Member.
Section 3. The Board further approves and adopts the Amended and Restated Joint
Exercise of Powers Agreement for the Financing Authority, substantially in the form attached
hereto as Exhibit A with such revisions, amendments, and completions as shall be approved by
the Successor Agency Executive Director with the advice of the Successor Agency Counsel.
Section 4. Any Responsible Officer of the Successor Agency is hereby authorized
and directed to execute and deliver any and all documents and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution.
Section 5. The Board Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the
Carson Successor Agency Board on this day of , 2015.
Chair Albert Robles
ATTEST:
Board Secretary
Successor Agency Counsel
01007.00011268720.3 Resolution No. 15 -23 -CSA
September 15, 2015
Page 2 of 3
W
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , Board Secretary of the Successor Agency to the Carson Redevelopment Agency,
hereby attest to and certify that the foregoing resolution is the original resolution adopted by the
Successor Agency Board at its regular meeting held on the day of ,
2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim Dear, Board Secretary
01007.0001/268720.3 Resolution No. 15 -23 -CSA
September 15, 2015
Page 3 of 3
13
RESOLUTION .15 -24 -CSA
A RESOLUTION OF TH BO OF THE SUCCESSOR AGENCY
OF THE CARSON REDS B3/
PMENT AGENCY WITHDRAWING
FROM MEMBERSHIP 1N HE CARSON PUBLIC FINANCING
AUTHORITY
WHEREAS, the Carson Public Financing Authority ("Financing Authority") was created
by a Joint Exercise of Powers Agreement ("JPA Agreement") between the City of Carson
("City") and the Carson Redevelopment Agency ("former -RDA");
WHEREAS, the Carson City Council agreed to allow the Carson Housing Authority
("Housing Authority") to become a member of the Carson Public Financing Authority
("Financing Authority");
WHEREAS, the Successor Agency agreed to allow the Housing Authority to become a
member of the Financing Authority and the Successor Agency now wishes to withdraw its
membership; and
WHEREAS, the Successor Agency does not have any outstanding obligations under the
Carson Public Financing Authority Joint Exercise of Powers Agreement.
NOW, THEREFORE, the BOARD of the SUCCESSOR AGENCY FOR THE CARSON
REDEVELOPMENT AGENCY, does hereby ordain as follows:
Section 1. The foregoing recitals are true and correct and are incorporated by
reference herein.
Section 2. The Successor Agency Board ("Board") hereby withdraws from the
Carson Public Financing Authority and the Joint Exercise of Powers Agreement.
Section 3. Any Responsible Officer of the Successor Agency is hereby authorized
and directed to execute and deliver any and all documents and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution.
Section 4. The Board Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED at a regular meeting of the
Carson Successor Agency Board on this day of , 2015.
Chair Albert Robles
01007.0001/268737.2 Resolution No. 15 -24 -CSA
September 15, 2015
Page 1 of 2
EXHIBIT NO. 4 14
ATTEST:
Board Secretary
APPROVED AS TO FORM:
Successor Agency Counsel
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , the Board Secretary of the Successor Agency for the Carson Redevelopment
Agency, hereby attest to and certify that the foregoing resolution is the original resolution
adopted by the Successor Agency Board at its regular meeting held on the day
of , 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jim Dear, Board Secretary
01007.0001/268737.2 Resolution No. 15 -24 -CSA
September 15, 2015
Page 2 of 2
M