Loading...
HomeMy WebLinkAboutOversight Board Reso 12-0010 OB RESOLUTION NO. 12-0010 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT COMPONENT OF THE CITY OF DOWNEY COMMUNITY DEVELOPMENT COMMISSION MAKING ITS DETERMINATION ON THE DUE DILIGENCE REVIEW FOR THE LOW AND MODERATE INCOME HOUSING FUND WHEREAS, as a result of the passage of Assembly Bill 26 from the 2011 -12 First Extraordinary Session of the California Legislature ("ABxI 26" or the "Dissolution Act "), the City of Downey redevelopment agency ( "RDA ") was dissolved on February 1, 2012; and WHEREAS, pursuant to Assembly Bill 1484 of the 2011 -12 Legislative Session ( "AB 1484 "), the Downey Successor Agency for the former RDA ( "Successor Agency ") is a separate public agency now charged with winding down the RDA's affairs, including making payments due for enforceable obligations (as defined in the Dissolution Act), and perform obligations required pursuant to enforceable obligations; and WHEREAS, in connection with winding the former RDA, AB 1484 requires each successor agency to employ a licensed accountant to conduct a due diligence review of the low and moderate housing fund (the "Due Diligence Review "); and WHEREAS, pursuant to Health and Safety Code section 34179.6, added by AB 1484, the Successor Agency submitted the Due Diligence Review, along with a copy of the applicable Recognized Obligation Payment Schedule, to the Oversight Board of the Successor Agency ( "Oversight Board "), the California Department of Finance, State Controller's Office, County Administrative Officer, and County Auditor - Controller; and WHEREAS, the Oversight Board has been duly established and operating pursuant to Health and Safety Code section 34179; and WHEREAS, pursuant to Health and Safety Code section 34179.6(c), on or before October 15, 2012, the Oversight Board must review, approve, and transmit to the Department of Finance and County Auditor- Controller the determination of the amount of cash and cash equivalents that are available for disbursement to taxing entities from the former RDA's low and moderate income housing fund; and WHEREAS, a true and correct copy of the Due Diligence Review of the Low and Moderate Income Housing Fund for the Successor Agency is attached to this Resolution as Exhibit A and incorporated herein, and WHEREAS, the Oversight Board held a public comment session, pursuant to Health and Safety Code section 34179.6(b), prior to the approval of the determination of the amount of cash and cash equivalents that are available for disbursement to taxing entities from the former RDA's low and moderate income housing fund; and WHEREAS, the Oversight Board has taken into consideration its fiduciary responsibility to the holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues. NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT COMPONENT OF THE CITY OF DOWNEY COMMUNITY DEVELOPMENT COMMISSION HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the above recitals are true and correct and incorporated herein. OB RESOLUTION NO. 12 -0010 PAGE 2 SECTION 2. The Oversight Board has reviewed and approves the findings made in the Due Diligence Review, SECTION 3. Pursuant to HSC section 34179.6(c), the Oversight Board hereby authorizes the Successor Agency to retain the following assets and funds, identified in the Due Diligence Review, that correspond to assets and funds as specified in HSC section 34179.5(c)(5)(B) -(E), with the amount, source of funds, and purposes for which they are being retained as reported in: (a) Schedule 1: Listing of Assets Transferred to Successor Agency (b) Schedule 2: Transfer to Housing Successor (c) Schedule 3: Listing of Assets (d) Schedule 4: Cash Balances for Retention to Meet Enforceable Obligations in Fiscal Year 2012 -2013 (e) Schedule 5: Summary of Balances Available For Allocation to Affected Taxing Agencies SECTION 4. The Secretary shall certify to the adoption of this resolution. APPROVED AND ADOPTED THIS 1 1 th DAY OF OCTOBER, 2► O f 1 . P . } BRIA S'_ KI, Chairman ATTEST: 6 r ,. ,,,,,), fi z 1 t 1/4_, , 1 1 ADRIA M. JIMENE2 Secretary State of California ) County of Los Angeles )ss. City of Downey ) 1, Adria M. Jimenez, Secretary of the Oversight Board of the Successor Agency to the former Redevelopment Agency of the City of Downey, California ( "Oversight Board "), do hereby certify the fore oing Resolution was duly adopted by said Oversight Board at a regular meeting held on the 11 day of October 2012, by the following vote, to wit: Ayes: Oversight Board Members: Brossmer, Delawalla, Flores, LaPlante, Chair Saeki Noes: Oversight Board Members: None. Absent: Oversight Board Members: Latham, Helvey Abstained: Oversight Board Members: None. .../ACL .-- 1211 ' ADRIA M. JIME Z, ' ecretary