The Countywide Oversight Board DOES RESOLVE as follows:
WHEREAS, on June 29, 2011, the Governor signed into law AB 26, also referred to as the “Dissolution Act” which automatically suspended redevelopment activities and on December 29, 2011, the California State Supreme Court upheld the provisions of AB 26, thereby dissolving all redevelopment agencies on February 1, 2012; and
WHEREAS, while redevelopment successor agencies may not initiate any new activities nor incur new indebtedness, they are nevertheless required under legislative statute and court order to continue making those payments necessary for day to day operations pursuant to contractual commitments/enforceable obligations, regulatory authorities, and indebtedness entered into prior to the enactment of Dissolution Act; and
WHEREAS, on June 27, 2012, the Governor signed into law budget trailer bill AB 1484. AB 1484 imposed new requirements on successor agencies with regard to the submittal of the ROPS; and
WHEREAS, budget trailer bill SB 107 was approved and signed by the Governor and took immediate effect on September 22, 2015. The primary purpose of SB 107 is to make technical and substantive amendments to the existing Dissolution Act. Pursuant Section 34177, as amended, changed the review of ROPS from semi-annual to annual; and
WHEREAS, pursuant to Health and Safety Code Section 34179 (j), on and after July 1, 2018 in each county where more than one oversight board was created, there shall be only one countywide oversight board. As of July 1, 2018, the California Department of Finance (DOF) can only recognize the newly-created Contra Costa County Oversight Board (the “Countywide Oversight Board”). The actions for the Successor Agency’s Recognized Obligation Schedule (ROPS) or other oversight board required approved actions cannot be submitted without the Countywide Oversight Board’s approval; and
WHEREAS, the Successor Agency for the Redevelopment Agency of the City of Pittsburg (Successor Agency) is amending the approved ROPS for the period of July 1, 2019 – June 30, 2020 (Amended ROPS 19-20) so that the special assessments levied on Successor Agency owned properties may be added; and
WHEREAS, this Amended ROPS 19-20 shows that as of July 25, 2019, the outstanding special assessments, including interest and penalties, owed to the County of Contra Costa is $84,054.99 (Amount Owed). The Amount Owed will continue to increase as penalties and interest continue to accrue on any unpaid balance. Exhibit A of the accompanying Staff Report are copies of the property tax bills and redemption tax bills.
NOW, THEREFORE, the Countywide Oversight Board finds and determines as follows:
Section 1.
All the recitals above are true and correct and incorporated herein.
Section 2.
The Countywide Oversight Board hereby adopts the Resolution amending ROPS 19-20.
Section 3.
Staff further recommends that Countywide Oversight Board authorize the use of excess Redevelopment Property Tax Trust Fund, also known as RPTTF, after existing debt service payments have been satisfied, but prior to any distributions to pass-through taxing entities or the use of sales proceeds realized from the sale of Successor Agency property, to pay existing Amounts Owed, any remaining balances, and future annual property assessments until the remaining Successor Agency properties are sold.
Section 4.
The Executive Director is hereby authorized to execute documents and take such further actions as may be necessary or appropriate to carry out the Countywide Oversight Board’s obligations pursuant to this Resolution.
Section 5.
The Countywide Oversight Board Secretary shall certify to the adoption of this Resolution.
Section 6.
This Resolution shall take effect immediately upon adoption.
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