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RESOLUTION NO. RS ___-2023
RESOLUTION OF THE FORT BRAGG REDEVELOPMENT SUCCESSOR AGENCY APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) 23/24 (FY 23/24; JULY 1, 2023 – JUNE 30, 2024) PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(l)
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the Fort Bragg Redevelopment Successor Agency (“Successor Agency”) is the Successor Agency to the Fort Bragg Redevelopment Agency (“Agency”), acknowledged by Resolution 3559-2012 adopted on July 23, 2012; and
WHEREAS, pursuant to Health and Safety Code Section 34179(a), each Successor Agency shall have an Oversight Board composed of seven members; and WHEREAS, pursuant to Health and Safety Code Section 34179(a), the Successor Agency maintained a local Oversight Board composed of seven members from July 23, 2012 to July 23, 2018; 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 (Countywide OB). The Countywide OB shall be staffed by the County Auditor-Controller (CAC), by another county entity selected by the CAC, or by a city within the county that the CAC may select after consulting with the California Department of Finance (Finance); and
WHEREAS, on July 24, 2018 the Mendocino County Auditor-Controller created the Mendocino Countywide Oversight Board and designated the new countywide oversight board to be staffed by the City of Ukiah; and
WHEREAS, Health and Safety Code Section 34177(l)(2), requires the Successor Agency to prepare a draft of a Recognized Obligation Payment Schedule (“ROPS”) listing outstanding obligations of the Agency to be performed by the Successor Agency; and WHEREAS, Health and Safety Code Section 34177(o) provides that each ROPS shall be forward looking to the next twelve months; and
WHEREAS, Health and Safety Code Section 34177(l)(2) requires the Successor Agency to submit the draft ROPS to the Mendocino Countywide Oversight Board for approval and, upon such approval, the Successor Agency is required to submit a copy of such approved ROPS to the County of Mendocino Auditor-Controller, the California State Controller, and the State of California Department of Finance and post the approved ROPS on the Successor Agency’s website; and
WHEREAS, AB 1484 passed by the State Legislature on June 27, 2012 establishes a new schedule for submittal of a ROPS for periods subsequent to the period ending December 31, 2012; and
WHEREAS, under AB 1484 a Successor Agency is required to submit the approved ROPS for the period July 1, 2023 through June 30, 2024 to the County of Mendocino Auditor- - 2 -
Controller, the California State Controller, and the State of California Department of Finance by February 1, 2023.
NOW, THEREFORE, BE IT RESOLVED that the Fort Bragg Redevelopment Successor Agency 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 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 ROPS. The Fort Bragg Redevelopment Successor Agency hereby approves and adopts the ROPS, in substantially the form attached to this Resolution as Exhibit A, pursuant to Health and Safety Code Section 34177, recognizing it has not been subjected to the County audit.
SECTION 4. Implementation. The Fort Bragg Redevelopment Successor Agency hereby directs City of Fort Bragg staff to submit copies of the ROPS to the Mendocino Countywide Oversight Board and upon approval to further submit copies to the County of Mendocino 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 ROPS prior to the effective date of this Resolution, upon approval of the ROPS by the State of California Department of Finance, and prior to February 1, 2023, and to post the 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 of the provisions of this Resolution are severable. The Oversight Board declares that the Oversight Board would have adopted Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 6. Certification. The City Clerk of the City of Fort Bragg, acting on behalf of the Successor Agency as its Secretary, 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.
The above and foregoing Resolution was introduced by Agency Board Member___________________, seconded by Agency Board Member _____________, and passed and adopted at a regular meeting of the Fort Bragg Redevelopment Successor Agency held on the 9th day of January, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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RECUSE:
BERNIE NORVELL
Chair
ATTEST:
June Lemos, MMC
Successor Agency Secretary