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OSB 12-003RESOLUTION NO. OSB 12 -003 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE POWAY REDEVELOPMENT AGENCY DISPUTING THE OCTOBER 1, 2012 REVIEW BY COUNTY AUDITOR AND CONTROLLER OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR PERIOD JANUARY TO JUNE 2013 AND REFERRING THE MATTER TO THE DEPARTMENT OF FINANCE FOR A DETERMINATION WHEREAS, pursuant to Health and Safety Code (H &S) Section 34177(m), the City of Poway as Successor Agency to the Poway Redevelopment Agency submitted a ROPS for the period January to June 2013 to the County Auditor and Controller (County) and State Department of Finance (DOF) on August 27, 2012; and WHEREAS, as authorized by H &S Section 34182.5, the County reviewed the ROPS and issued the results of this review to the DOF, Oversight Board, and City staff in a letter dated October 1, 2012 ( "County Review "); and WHEREAS, the findings contained in the second bullet point of the County Review indicate that line items 21, 24, 25, 30, 47, 48, 50, 51, 64, 65, 66, 67, 68, 69, 71, 247, and 261 of the ROPS should be paid out of the administrative cost allowance not the Redevelopment Property Tax Trust Fund ( RPTTF); and WHEREAS, the County Review cites H &S Section 34171(b), which defines the characteristics of administrative cost allowance, as the basis for its conclusion; and WHERAS, the Oversight Board disagrees with this finding and believes these items should be paid out of the RPTTF as originally specified, not the administrative cost allowance; and WHEREAS, as provided in H &S Section 34182.5, if the Oversight Board disputes the findings of the County Review, it may refer the matter to the DOF for a determination of what will be approved for inclusion in the ROPS. NOW, THEREFORE, BE IT RESOLVED that the Oversight Board to the Successor Agency of the Poway Redevelopment Agency disputes the County's findings regarding the line items referenced above and is referring this matter to the DOF for a determination. Resolution No. OSB 12 -003 Page 2 PASSED, ADOPTED AND APPROVED by the Oversight Board to the Successor Agency to the Poway Redevelopment Agency at a special meeting thereof this 10th day of October, 2012. Bruce Tarz Chair ATTEST: Li royan, MMC ity Clerk City of Poway Resolution No. OSB 12 -003 Page 3 STATE OF CALIFORNIA ) SS. ) COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. OSB 12 -003 was duly adopted by the Oversight Board to the Successor Agency of the Poway Redevelopment Agency at a meeting of said Board held on the 10th day of October 2012, and that it was so adopted by the following vote: AYES: TARZY, FONG- SAKAI, DISHMAN, LYON, TAM, THOLANDI NOES: NONE ABSENT: SCOTT DISQUALIFIED: NONE 4ATroyan, MM . erk City of Poway