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HomeMy WebLinkAboutOSB Resolution 2012-09 10/10/2012 Resolution No. 2012-09 Petaluma Oversight Board to the Petaluma Community Development Successor Agency RESOLUTION OF THE OVERSIGHT BOARD FORMED PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179 APPROVING AND TRANSMITTING THE DUE DILIGENCE REVIEW PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 34179.5 AND 34179.6 WHEREAS, Assembly Bill ABx1 26 (ABx1 26) was enacted by the State Legislature and signed by the Governor as of June 29, 2011; and, WHEREAS, ABx1 26 dissolved redevelopment agencies, including the former Petaluma Community Development Commission (PCDC), effective February 1, 2012; and, WHEREAS, pursuant to California Health and Safety Code § 34173(d), the City of Petaluma elected to serve as the successor agency to the PCDC by City Council Resolution No. 2012-007 adopted on January 9, 2012, and has been serving in this capacity following PCDC dissolution on February 1, 2012; and, WHEREAS, pursuant to Assembly Bill 1484 enacted on June 27, 2012, the City Council of Petaluma on August 6, 2012, established and acknowledged the "Petaluma Community Development Successor Agency"(PCDSA) as the successor agency to the former PCDC, separate and distinct from the City of Petaluma, and to provide for its governance; and, WHEREAS, California Health and Safety Code section §34179.5 requires each successor agency to employ a licensed accountant, approved by the county auditor- controller, to conduct a due diligence review to determine the unobligated balances in the low and moderate income housing fund and the other funds and accounts of its former redevelopment that are available for transfer to taxing entities and to review, approve and transmit the due diligence review pursuant to Health and Safety Code Section 34179.6; and, WHEREAS, the PCDSA has contracted with Pun & McGeady, LLP, Certified Public Accountants, to complete the due diligence review of the former PCDC Low and Moderate Income Housing Fund by October 1, 2012; and, WHEREAS, the Sonoma County Auditor-Controller has approved Pun & McGeady, LLP for the purpose of undertaking such due diligence review; and, WHEREAS, the Successor Agency reviewed and accepted the results of the due diligence review on October 1, 2012 by Resolution 2012-04; and, WHEREAS, AB 1484 requires that the Oversight Board hold a public comment session at least five days prior to approving the due diligence review; and, WHEREAS, the Oversight Board noticed and conducted a meeting to hear public comment on the due diligence review on October 3, 2012; and, Resolution No.2012-09 Page 1 WHEREAS, the Oversight Board has reviewed the due diligence review and considered options to make adjustments to certain amounts or retain specific assets; and, NOW, THEREFORE, BE IT RESOLVED by the Petaluma Community Development Successor Agency Oversight Board that the above recitals and findings are adopted as part of this resolution and are true and that it hereby: 1. Adopts the resolution approving the due diligence review of the former PCDC Low and Moderate Income Housing Fund as performed by Pun & McGeady, LLP. 2. Directs the Executive Director of the Successor Agency, or his designees to transmit a copy of the due diligence review to the County auditor-controller, the State Controller and the Department of Finance pursuant to §Section 34179.6. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Petaluma Oversight Board to the Petaluma Community Development,Successor Agency at a Regular meeting on the 10th day of October,2012,by the following vote: AYES: Davis,Duiven;Chair Healy;Jolley;Vice Chair Rabbitt;Scharer NOES: None ABSENT: Herrington ABSTAIN: None ATTEST: -OZ A SI J 0--OkVl-, Recording Secretary Chair Resolution No. 2012-09 Page 2