HomeMy WebLinkAboutSA ROPS Jan-June 2013SAN RAFAEL AGENDA ITEM NO.: 7. a
SUCCESSOR MEETING DATE: September 4, 2012
AGENCY
Department: Economic Development
Prepared by: Stephanie Lovette
Economic Development Manager
Executive Director Approval'
SUBJECT: RESOLUTION APPROVING THE THIRD RECOGNIZED OBLIGATION
PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY THROUGH JUNE 2013
RECOMMENDATION: Adopt the attached resolution.
OVERVIEW: The California State Legislature enacted Assembly Bill ABxl 26 (the
"Dissolution Act") to dissolve redevelopment agencies formed under the Community
Redevelopment Law. The California Supreme Court in its decision in California Redevelopment
Association v. Matosantos, issued December 29, 2011 (the "Supreme Court Decision"), declared
the Dissolution Act to be constitutional. Under the Dissolution Act, all California redevelopment
agencies were dissolved effective February 1, 2012, and various actions are now required by
successor agencies to unwind the affairs of all former redevelopment agencies.
BACKGROUND AND DISCUSSION: On January 3, 2012 the City Council of the City of San
Rafael (the "City Council") adopted a resolution accepting for the City the role of successor
agency (the "Successor Agency") to the Redevelopment Agency of the City of San Rafael (the
"Redevelopment Agency"). An oversight board (the "Oversight Board"), consisting of members
representing the County, the City, and various education and special districts, was formed to
approve and direct certain actions of the Successor Agency. The actions of the Oversight Board
must be approved by the California Department of Finance.
On January 30, 2012, the Successor Agency adopted the first Recognized Obligation Payment
Schedule ("the First ROPS") and an administrative budget for the period of January -June 2012.
Agency staff also prepared the second Recognized Obligation Payment Schedule and an
administrative budget for the period of July -December 2012 (the "Second ROPS„).
The Oversight Board approved certain items on the First and Second ROPS, including the
Successor Agency administrative budgets for January -June and July -December 2012.
FOR AGENCY SECRETARY ONLY
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The partially approved First and Second ROPS and the administrative budgets were also approved
by the California Department of Finance.
The Oversight Board met on August 30, 2012 and approved the Third ROPS for the period of
January -July 2013. See Attachment A. The Third ROPS was transmitted to the CA Department
of Finance by the September 1, 2012 deadline.
FISCAL IMPACT: The Law allows Successor Agency's to receive tax increment for
administrative costs. The Law allowed a minimum of $250,000 per year, with a slightly higher
allowance in the initial year. The Oversight Board approved an administrative budget of
$244,878 for the five month period of February 2012 -June 2012 and $125,000 for the period of
July -December 2012. The Third ROPS included $125,000 for administrative costs for January -
June 2013. See Exhibit B.
OPTIONS:
• Adopt the Resolution approving the Third ROPS.
• Modify the Resolution approving the Third ROPS.
• Request further information.
• Reject the staff recommendation.
ACTION REQUIRED: Staff recommends that the Successor Agency adopt the Resolution.
RESOLUTION NO. 10-2012
RESOLUTION OF THE SAN RAFAEL SUCCESSOR AGENCY APPROVING
THE THIRD RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE PERIOD OF JANUARY THROUGH JUNE 2013
WHEREAS, the California state legislature enacted Assembly Bill xl 26 (the
"Dissolution Act") to dissolve redevelopment agencies formed under the Community
Redevelopment Law (Health and Safety Code Section 33000 et seg.); and
WHEREAS, on January 3, 2012 and pursuant to Health and Safety Code Section 34173,
the City Council of the City of the City of San Rafael (the "City Council") declared that the City
of San Rafael, a municipal corporation (the "City"), would act as successor agency (the
"Successor Agency") for the dissolved Redevelopment Agency of the City of San Rafael (the
"Former RDA") effective February 1, 2012; and
WHEREAS, on February 1, 2012, the Former RDA was dissolved pursuant to Health and
Safety Code Section 34172; and
WHEREAS, the Dissolution Act provides for the appointment of an oversight board (the
"Oversight Board") with specific duties to approve certain Successor Agency actions pursuant to
Health and Safety Code Section 34180 and to direct the Successor Agency in certain other
actions pursuant to Health and Safety Code Section 34181; and
WHEREAS, on January 30, 2012, the Former RDA adopted an enforceable obligation
payment schedule (the "RDA EOPS") as required pursuant to Health and Safety Code Section
34169(g); and
WHEREAS, on June 18, 2012, the Successor Agency approved an Amended FOPS for
the period of August -December 2011 and approved a Second Amended EOPS for the period of
January -July 2012; and
WHEREAS, on March 1, 2012 pursuant to Health and Safety Code Section 34177(1) (2)
(A) the Successor Agency prepared a draft recognized obligation payment schedule (the
"BOPS") and made associated notifications and distributions; and
WHEREAS, on March 1, 2012 pursuant to Health and Safety Code Section 341770) (k)
the Successor Agency was required to prepare an administrative budget (the "Successor Agency
Administrative Budget") and make associated notifications and distributions; and
WHEREAS, the ROPS and the Successor Agency Administrative Budget must be
approved by the Oversight Board pursuant to Health and Safety Code Sections 34177(l)(2)(B)
and 341770), respectively; and
1
105\03\ 1096268.7
WHEREAS, the Oversight Board has approved the First and Second ROPS and the
approved Successor Agency Administrative Budgets pursuant to Health and Safety Code
Sections 34177(1)(2)(B) and 341770), respectively; and
WHEREAS, the Successor Agency provided the approved First and Second ROPS to the
State Department of Finance, the County of Marin and posted the document on the City's
website; and
WHEREAS, on May 22, 2012, the CA Department of Finance approved the actions of
the Oversight Board and the First and Second RODS; and
WHEREAS, on August 30, 2012 the Oversight Board approved the Third BOPS; and
WHEREAS, Agency staff submitted the Third ROPS to the CA Department of Finance
on August 31, 2012 pursuant to HSC Section 34177(m).
NOW, THEREFORE, BE IT RESOLVED that the City Council, acting as the Governing
Board of the Successor Agency, hereby approves the Third BOPS and the Successor Agency
Administrative Budget for January -June 2013, which contains the Successor Agency
Administrative Cost Estimates. Copies of the Third ROPS and the Successor Agency
Administrative Budget are on file with the City Clerk.
BE IT FURTHER RESOLVED that the City Council, acting as the Governing Board of
the Successor Agency, hereby authorizes and directs the City Manager or the City Manager's
designee, acting on behalf of the Successor Agency, to take other actions pursuant to this
Resolution.
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon
adoption.
I, Esther C. Beirne, Secretary to the Successor Agency, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
Successor Agency, held on Tuesday, the fourth day of September 2012, by the following vote, to
wit:
AYES: Members: Connolly, Heller, McCullough & Vice -Mayor Levine
NOES: Members: None
ABSENT: Members: Chairman Phillips
Esther C. Beirne, Agency Secretary
10503 `I 1046268.7
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City of San Rafael as Successor to San Rafael Redevelopment Agency
Administrative Budget January -July 2013 (6112 of a year)
Description
Pavee
Description
Source
Total Cost
Agency admin staff
City of San
Rafael
staff costs
Administrative
Cost allowance
$191,614
Agency admin Finance
Staff
City of San
Rafael
staff costs
Administrative
Cost allowance
$30,533
Agency admin auditor
Maize &
Associates
Administrative
Cost allowance
$10,000
Agency admin.
utilities/communications
PG&E
Utility -lease
payments
Administrative
Cost allowance
$6,995
Agency admin.
Maintenance
Various
Maint. RDA
offices
Administrative
Cost allowance
$750
Agency admin. Non
personnel services
City of San
Rafael
IT services
Administrative
Cost allowance
$27,975
Agency admin. legal
Various
Legal Services
Administrative
Cost allowance
$22,065
Total
I
1 $289,9311
Actual Amount requested
$250,000
jAmount requested for 6 months 1 1 $125,0001
Note: Estimated actual costs for 6 month period.
However, maximum allowable administrative expense is 3% of property tax
allocated to the Successor Agency or a minimum of $250,000.
8/31/2012
CITY OF SAN RAFAEL
ROUTING SLIP 1 APPROVAL F
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A Com.
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUl\jtiL---
SRRA / SRCC AGENDA ITEM NO. 7. a
i
DATE OF MEETING: September 2012
FROM: Stephanie Lovette
DEPARTMENT: Economic Development -
DATE: August 28, 2012
TITLE OF DOCUMENT:
RESOLUTION OF THE SAN RAFAEL SUCCESSOR AGENCY APPROVING THE THIRD
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY
THROUGH JUNE 2013
4
zV7
-Oepar ment Head (sig -nature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
City Manager (signature) City Attorney (signature)