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HomeMy WebLinkAboutRES NO OB007-12RESOLUTION NO. �• 0 0 % _ 1 2- A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE DISSOLVED BAKERSFIELD REDEVELOPMENT AGENCY APPROVING THE DUE DILIGENCE REVIEWS OF THE SUCCESSOR AGENCY OF THE DISSOLVED CITY OF BAKERSFIELD REDEVELOPMENT AGENCY. WHEREAS, On January 11, 2012, the Bakersfield City Council elected to become the Successor Agency of the Dissolved City of Bakersfield Redevelopment Agency ( "Successor Agency ") pursuant to Health and Safety Code section 34173; and WHEREAS, the Oversight Board to the Successor Agency of the Dissolved City of Bakersfield Redevelopment Agency ( "Oversight Board ") was formed to oversee the Successor Agency pursuant to Health and Safety Code section 34179; and WHEREAS, the purpose of the Successor Agency is to make payments due for enforceable obligations, dispose of assets and otherwise wind down the affairs of the Dissolved City of Bakersfield Redevelopment Agency (Health & Safety Code section 34177); and WHEREAS, Health & Safety Code Section 34179.5(a) as amended by AB 1484 and in furtherance of subdivision (d) of Section 34177 requires the Successor Agency to employ a licensed accountant, approved by the County Auditor - Controller and with experience and expertise in local government accounting, to conduct a Due Diligence Review for the Low and Moderate Income Housing Fund and a separate Due Diligence Review for the All Other Funds (Non- Housing) of the Successor Agency, to determine the unobligated balances available for transfer to taxing entities; and WHEREAS, the Successor Agency, with the approval of the Kern County Auditor - Controller, contracted with the accounting firm of Brown Armstrong to perform the Due Diligence Review for the Low and Moderate Income Housing Fund and the Due Diligence Review for the All Other Funds (Non- Housing) of the Successor Agency and have completed and issued the reviews that are attached; and WHEREAS, Section 34179(a), as amended by AB 1484, also provides that the Due Diligence Review for the Low and Moderate Income Housing Fund shall be submitted by October 1, 2012, to the Kern County Auditor - Controller's Office, the State Controller's Office, and the State Department of Finance at the same time that it submits it to the Oversight Board for review; and WHEREAS, Section 34179(a), as amended by AB 1484, also provides that the Due Diligence Review for the All Other Funds (Non- Housing) shall be submitted by December 15, 2012, to the Kern County Auditor - Controller's Office, the State Controller's Office, and the State Department of Finance at the same time that it submits it to the Oversight Board for review; and WHEREAS, the Oversight Board shall convene a public comment session to take place at least five business days before the Oversight Board holds the approval vote specified in the Section 34179.6(c); and WHEREAS, Section 34179.6(c), as amended by AB 1484, requires by October 15, 2012 that the Oversight Board shall review, approve, and transmit to the Kern County Auditor - Controller, the State Controller, and the State Department of Finance, the determination of the amount of cash and cash equivalents that are available for disbursement to taxing entities as determined by the Low and Moderate Income Housing Fund Due Diligence Review and according to the method provided in Section 34179.5; and WHEREAS, Section 34179.6(c), as amended by AB 1484, requires by January 15, 2013, that the Oversight Board shall review, approve, and transmit to the Kern County Auditor - Controller, the State Controller, and the State Department of Finance, the determination of the amount of cash and cash equivalents that are available for disbursement to taxing entities as determined by the All Other Funds (Non- Housing) Due Diligence Review and according to the method provided in Section 34179.5; and WHEREAS, on October 5, 2012, the Oversight Board reviewed and heard public comment on the Due Diligence Review for the Low and Moderate Income Housing Fund and the Due Diligence Review for the All Other Funds (Non- Housing) and accounts of both the Dissolved City of Bakersfield Redevelopment Agency and Successor Agency. NOW, THEREFORE, BE IT RESOLVED by the Oversight Board to the Successor Agency of the Dissolved City of Bakersfield Redevelopment Agency as follows: SECTION 1. The Oversight Board hereby finds and determines that the foregoing recitals are true and correct. SECTION 2. The Oversight Board hereby approves and adopts the Due Diligence Reviews of the Successor Agency of the Dissolved Bakersfield Redevelopment Agency as presented. S: \Admin \Admin Reports \Successor Agency \SA - OB Reso - Due Di ligenceReviews.docx SECTION 3. The Oversight Board hereby directs the Successor Agency to transmit to the Kern County Auditor - Controller, the State Controller, and the State Department of Finance, the determination of the amount of cash and cash equivalents that are available for disbursement to taxing entities as determined according to the method provided in Health and Safety Code Section 34179.5. PASSED AND ADOPTED by the Oversight Board to the Successor Agency of the Dissolved City of Bakersfield Redevelopment Agency, at the special meeting held on October 15, 2012, MIZENEW S: \Admin \Admin Reports \Successor Agency \SA - OB Reso - DueDiligenceReviews.docx ATTEST: STATE OF CALIFORNIA COUNTY OF KERN } CITY OF BAKERSFIELD } I, ROBERTA GAFFORD, Acting Secretary to the Oversight Board, hereby certify that the foregoing resolution was duly adopted at the special meeting of the Oversight Board on October 15, 2012. AYES: ? BOARD MEMEBERS: BOARD MEMBERS: ABSENT- BOARD MEMMBERS APPROVED OCT 1 5 2012 f By /� , "� J""X CHAIR, Oversight Board APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney y ROBERTA GAFFORD, Acti Secretary B �� ✓t✓ WJOSHUA H. RUDNICK Deputy City Attorney II JHR /vl S: \Admin \Admin Reports \Successor Agency \SA - OB Reso - DueDiligenceReviews.docx