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| C.4 |
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| **REVISED** COUNTYWIDE OVERSIGHT BOARD |
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| Information |
| Recommendation(s) |
Adopt Resolution 2020/28 approving the Last and Final Recognized Obligation Payment Schedule (ROPS) for the Walnut Creek Successor Agency.
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| Background |
| Please see attached staff report. |
| In The Matter Of: |
| A RESOLUTION OF THE CONTRA COSTA COUNTY COUNTYWIDE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF WALNUT CREEK, APPROVING A LAST AND FINAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE CITY OF WALNUT CREEK SUCCESSOR AGENCY |
| Body: |
WHEREAS, pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (Health and Safety Code Section 34170 et seq.; the "Dissolution Act"), all redevelopment agencies in the State of California, including the Redevelopment Agency of the City of Walnut Creek were dissolved as of February 1, 2012; and
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Walnut Creek (“Successor Agency”) is the successor agency to the dissolved Redevelopment Agency of the City of Walnut Creek, confirmed by Resolution No. 12-04 adopted on January 17, 2012; and
WHEREAS, Health and Safety Code Sections 34177(o) and 34180 requires the Successor Agency to prepare a “recognized obligation payment schedule” (“ROPS”) for each fiscal year which lists the outstanding obligations of the former Redevelopment Agency, states the amounts of required payments on those obligations and states the source of funds for the payments; and
WHEREAS, as of July 1, 2018, the Contra Costa Countywide Oversight Board to the successor agencies of the Redevelopment Agencies within Contra Costa County is the responsible oversight board for all successor agencies in the County, including the Successor Agency; and
WHEREAS, Section 34191.6 of the Dissolution Act authorizes the Successor Agency to submit a Last and Final ROPS which will eliminate the need to submit a ROPS every fiscal year; and
WHEREAS, in accordance with Section 34191.6 of the Dissolution Act, the Successor Agency has prepared a Last and Final ROPS and has submitted it to the Contra Costa Countywide Oversight Board for approval; and
WHEREAS, pursuant to Health and Safety Code Section 34180(g) following approval by the Contra Costa Countywide Oversight Board, the Last and Final ROPS must be reviewed and approved by the California Department of Finance (“DOF”) and
WHEREAS, Health and Safety Code Section 34177(l)(2) requires the Successor Agency to submit the Last and Final ROPS certified by the external auditor to the Oversight Board for approval and, upon such approval, the Successor Agency is required to submit a copy of such approved Last and Final ROPS to the County of Contra Costa Auditor-Controller, the California State Controller, and the State of California Department of Finance and post the Approved Last and Final ROPS on the Successor Agency’s website; and
WHEREAS, Health and Safety Code Section 34180(g) requires the Oversight Board to approve the Successor Agency’s establishment of the Last and Final ROPS prior to the Successor Agency acting upon the Last and Final ROPS;
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| Now, Therefore, Be It Resolved: |
NOW, THEREFORE, THE CONTRA COSTA COUNTY COUNTYWIDE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF WALNUT CREEK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. CEQA Compliance. The approval of the Last and Final ROPS through this Resolution does not commit the Oversight Board to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act.
SECTION 3. Approval of the Successor Agency Last and Final ROPS. The Oversight Board hereby approves and adopts the Successor Agency Last and Final ROPS set forth, in substantially the form attached to this Resolution as Exhibit A pursuant to Health and Safety Code Section 34177.
SECTION 4. Implementation. The Oversight Board hereby directs the Successor Agency to submit copies of the Last and Final ROPS approved by the Oversight Board to the County of Contra Costa Auditor-Controller, the State of California Controller and the State of California Department of Finance after the effective date of this Resolution or, if the State of California Department of Finance requests review of the Last and Final ROPS prior to the effective date of this Resolution, upon approval of the Last and Final ROPS by the State of California Department of Finance, and to post the Last and Final ROPS on the Successor Agency’s website.
SECTION 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are severable. The Oversight Board declares that the Oversight Board would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 6. Certification. The Secretary of the Contra Costa Countywide Oversight Board for the Walnut Creek Successor Agency shall certify to the adoption of this Resolution.
SECTION 7. Effective Date. Pursuant to Health and Safety Code Section 34179(h), all actions taken by the Oversight Board may be reviewed by the State of California Department of Finance, and, therefore, this Resolution shall not be effective for three (3) business days, pending a request for review by the State of California Department of Finance.
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| Vote and Attest |
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Countywide Oversight Board, on the date shown.
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ATTESTED: September 28, 2020 |
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Maureen Toms, Oversight Board Secretary |
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