HomeMy WebLinkAbout059-2012SARESOLUTION NO.59- 2012SA
APPROVING AND ADOPTING THE SECOND RECOGNIZED OBLIGATION
PAYMENT SCHEDULE FOR THE TOWN OF DANVILLE ACTING AS THE
SUCCESSOR AGENCY TO THE FORMER COMMUNITY DEVELOPMENT
AGENCY OF THE TOWN OF DANVILLE AND APPROVING THE
ADMINISTRATIVE BUDGET FOR THE SUCCESSOR AGENCY FOR THE PERIOD
FROM JULY 1 THROUGH DECEMBER 31, 2012
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.; the "Redevelopment Law "), the Town Council (the
"Town Council ") of the Town of Danville (the "Town ") previously adopted the
Redevelopment Plan for the Downtown Danville Redevelopment Project (the
"Redevelopment Plan "); and
WHEREAS, the Redevelopment Plan had been implemented by the Community
Development Agency of the Town of Danville (the "CDA "); and
WHEREAS, ABx1 26 (the "Dissolution Act ") was enacted on June 28, 2011; and
WHEREAS, through its December 29, 2011 decision in the case of California
Redevelopment Association v. Matosantos, the California Supreme Court declared the
Dissolution Act to be constitutional; and
WHEREAS, on January 10, 2012, acting in accordance with Health and Safety Code
Sections 341710) and 34173, the Danville Town Council adopted Resolution No. 6 -2012,
accepting the designation to serve as the Successor Agency to the CDA; and
WHEREAS, pursuant to the Dissolution Act, the CDA was dissolved as of February 1,
2012, at which time the assets and payment obligations (defined in the Dissolution Act
as "Enforceable Obligations ") of the CDA were transferred to the Town, acting in its
capacity as Successor Agency; and
WHEREAS, on February 21, 2012, the Town, acting in its capacity as Successor Agency,
adopted Resolution No. 27- 2012SA, approving the Initial Recognized Obligation
Payment Schedule (the "Initial ROPS "), covering the period of time through June 30,
2012; and
WHEREAS, the Initial ROPS was submitted to the Oversight Board of the Successor
Agency for approval as required by Health and Safety Code Section 34180(8) and was
approved by the Oversight Board on April 9, 2012 pursuant to Oversight Board
Resolution No. 2 -2012; and
WHEREAS, the Successor Agency is required to adopt a Second ROPS covering the
period from July 1, 2012 through December 31, 2012; and
WHEREAS, pursuant to Health and Safety Code Section 341770), the Successor Agency
must prepare an administrative budget for its general administrative costs and
expenses for each six month period (the "Administrative Budget "). Pursuant to Health
and Safety Code Section, the administrative budget for fiscal year 2012/13 shall be up to
three percent (3%) of the Redevelopment Obligation Retirement Fund, but not less than
$250,000, unless a lower amount is agreed to by the Successor Agency: and
WHEREAS, the Successor Agency agrees that its Administrative Budget for fiscal year
2012/13 shall not exceed three percent (3 %) of the Redevelopment Obligation
Retirement Fund, an amount which is less than $250,000; and
WHEREAS, both the Second ROPS and the Administrative Budget must be submitted
to the Oversight Board for approval; and
WHEREAS, the Town Council has reviewed and duly considered the Staff Report, the
Second ROPS, the Administrative Budget and documents and other evidence presented
at the meeting; now, therefore, be it
RESOLVED, that the Danville Town Council, acting as the Successor Agency to the
former Community Development Agency of the Town of Danville, finds that the above
Recitals are true and correct and have served, together with the supporting documents,
as the basis for the findings and approvals set forth below; and, be it further
RESOLVED, that the Danville Town Council, acting as the Successor Agency to the
former Community Development Agency of the Town of Danville, hereby approves and
adopts the Second Recognized Obligation Payment Schedule; attached hereto as Exhibit
1; and, be it further
RESOLVED, that the Danville Town Council, acting as the Successor Agency to the
former Community Development Agency of the Town of Danville, authorizes and directs
the Town Manager to: (1) provide a copy of the Second ROPS to the County Auditor -
Controller, the State Department of Finance, and the State Controller and to post the
Second ROPS on the Town website; (2) present the Second ROPS to the Successor
Agency's Oversight Board for consideration of approval; and (3) to take such other
actions and execute such other documents as are necessary to implement the Second
ROPS on behalf of the Town, as Successor Agency; and, be it further
RESOLVED, that the. Danville Town Council, acting as the Successor Agency to the
former Community Development Agency of the Town of Danville, hereby approves the
Administrative Budget for the period from July 1, 2012 through December 31, 2012,
attached hereto as Exhibit 2; and, be it further
RESOLVED, that the Town Manager is directed to: (1) provide a copy of the
Administrative Budget to the County Auditor - Controller; and (2) submit the
Administrative Budget to the Oversight Board for consideration of approval.
PAGE 2 OF RESOLUTION NO.59- 2012SA
APPROVED by the Danville Town Council, acting as the Successor Agency to the
former Community Development Agency of the Town of Danville, at a regular meeting
on May 1, 2012, by the following vote:
AYES: Andersen, Arnerich, Doyle, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
MAYOR
APPROVED AS TO FORM: VATT-E—S-T-:
CITY ATTORNEY ER
PAGE 3 OF RESOLUTION NO.59- 2012SA
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SUCCESSOR AGENCY TO THE FORMER COMMUNITY DEVELOPMENT
AGENCY OF THE TOWN OF DANVILLE
ADMINISTRATIVE BUDGET
7/1/12- 12,/31/12
Budget Item Purpose Estimated Cost
Bank of New York Fiscal Agent for 2001 and 2005 $5,000
COP'S and 2001 TRB's
Willdan Financial Required annual disclosure $1,700
Services statements
Chandler Asset Investment management fees (part $200
Management of pooled funds)
Contra Costa County Property Tax and Sewer charge $325+ $1,750
Tax Collector
Marcum, LLP Financial audit for CDA/Successor $4,000
Agency
Goldfarb & Lipman Legal Counsel to Successor Agency $1,127
Town of Danville Town staff and overhead costs $16,000
Overhead necessary to administer Successor
Agency duties per Cost Allocation
Study
Total Budget S3Q,102
EXHIBIT 2