HomeMy WebLinkAboutOversight Board Reso 12-0006OVERSIGHT BOARD RESOLUTION NO. 12 -0006
A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCESSOR
AGENCY TO THE DISSOLVED REDEVELOPMENT COMPONENT OF THE
CITY OF DOWNEY COMMUNITY DEVELOPMENT COMMISSION
APPROVING THE REVISED RECOGNIZED OBLIGATION PAYMENT
SCHEDULE FOR THE PERIOD JANUARY 1, 2012 THROUGH JUNE 30, 2012
WHEREAS, the Oversight Board to the Successor Agency to the dissolved
Redevelopment Agency has been appointed pursuant to the provisions of Health &
Safety Code Section 34179; and,
WHEREAS, pursuant to Health and Safety Code Section 34180(g), the Oversight
Board is required to review and approve the Recognized Obligation Payment Schedule
prepared by the Successor Agency covering the six month period January 1, 2012
through June 30, 2012, and for each six month period thereafter; and,
WHEREAS, the Oversight Board approved, at its regular meeting on April 26,
2012, the Recognized Obligation Payment Schedules for the six month period
January 1, 2012 through June 30, 2012; and,
WHEREAS, Successor Agency staff transmitted the ROPS in compliance with
the requirements of AB x1 26 on April 30, 2012; and,
WHEREAS, On May 10, 2012, the Department of Finance notified the contact
person for the Oversight Board and the City /Successor Agency that the ROPS was
being returned for reconsideration per Health and Safety Code Section 34179(h); and,
WHEREAS, at its public meeting of May 24, 2012, the Oversight Board reviewed
and considered the REVISED Recognized Obligation Payment Schedules, attached to
this Resolution and Staff Report submitted concurrently with this Resolution.
NOW, THEREFORE, THERE OVERSIGHT BOARD DOES RESOLVE AS
FOLLOWS:
SECTION 1. The Oversight Board hereby approves the REVISED Recognized
Obligation Payment Schedule for the period January 1, 2012 through June 30, 2012, as
set forth in Exhibit "A" to this Resolution and by this reference incorporated herein.
SECTION 2. The Board shall transmit the approved REVISED Recognized
Obligation Payment Schedules to the Department of Finance, State Controller, and
County Auditor - Controller in compliance with the requirements of Part 1.85 of Division
24 of the California Health and Safety Code. The staff of the Successor Agency shall
take such other and further actions and sign such other and further documents as
appropriate to effectuate the intent of this Resolution and to implement the REVISED
Recognized Obligation Payment Schedules approved hereby on behalf of the
Successor Agency.
OB RESOLUTION NO. 12 -0006
PAGE 2
SECTION 3. The adoption of this Resolution by the Oversight Board shall not
impair the right of the Successor Agency to assert any claim or pursue any legal action
challenging the constitutionality of Assembly Bill 26 from the 2011 -12 First Extraordinary
Session of the California Legislature ( "AB x1 26 ") or challenging any determination by
the State of California or any office, department or agency thereof with respect to the
REVISED Recognized Obligation Payment Schedules approved hereby.
SECTION 4. In the event that the Department of Finance requests the Oversight
Board to reconsider any item on the REVISED Recognized Obligation Payment
Schedules, and the Department of Finance did not timely request the Oversight Board
to reconsider that same item in the original Recognized Obligation Payment Schedules
via the Department of Finance's letter dated May 10, 2012, then that same item shall be
deemed to be reconsidered and approved by the Oversight Board. In the event that the
Department of Finance requests the Oversight Board to reconsider any item on the
REVISED Recognized Obligation Payment Schedules, and the Department of Finance
did timely request the Oversight Board to reconsider that same item in the Department
of Finance's letter dated May 10, 2012, then that same item may be subject to
reconsidered by the Oversight Board at a subsequent Oversight Board meeting. It is the
expressed intent of the Oversight Board in this Section of the Resolution that all items in
the original Recognized Obligations Payment Schedules and REVISED Recognized
Obligation Payment Schedules shall be deemed approved and valid enforceable
obligations, unless the Department of Finance has timely submitted to the Oversight
Board a notice to reconsider a specific item on either the original Recognized Obligation
Payment Schedules or REVISED Recognized Obligation Payment Schedules.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Resolution is for any reason held by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining portions of this Resolution. The
Board hereby declares that it would have adopted this Resolution and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more section, subsection, sentence, clause, or phrase be declared invalid.
PASSED AND ADOPTED by the Oversight Board e - = Id on the 24
day of May, 2012.
Adria M. Jimenez, cretary
Brian Sa
OB RESOLUTION NO. 12 -0006
PAGE 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF DOWNEY )
I, Adria M. Jimenez, Secretary to the Oversight Board, hereby certify that the
foregoing resolution was duly adopted at a meeting of the Oversight Board, held on the
24 day of May, 2012.
AYES: Board Members: Brossmer, Flores, Helvey, Latham, LaPlante,
Chair Saeki
NOES: Board Members: None
ABSENT: Board Members: Delawalla
Adria M. Jimenez, Secretary