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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 File No.: 5,4 5wf,` k-4�'e 7 5 Agency Meeting: `?lir -ae,1 - Disposition: A tv 7XIA) a Page 2 of 2 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 W :F x W aD w z Q - w W. 0 cws coo 0 C\j a -: LU N cu 0 n 0 4) W E x U- 0-0 a) I 0 10 W is uj 0 Qgz ziii D uj Q LL cr rc CL LL IZ) it > + 10 % t ; cn LL + E Rs LL CL < u LL CC Cca. �s CU Cr- E = 0- 'te 'ji 0 —0 LL to cr zq> 0 U - c U- 0 tu- Z) U - a. CLl m 0 T- o LL LL ICL mcr s 0 Ck7 + o U-C3 W 0 0 41 co 0 E 0) M 0 j cc 0 RS f i2 0 > 0 or C C? E 4> 'o o LL < LL U) CL o CL LU_ :30 E CC 67tC Z t35 tt3 C c 0 , a < 4) U 0- 4� > C G 0 < < < —0 LL > LLI LL UJI < cc C mCJ C1 uj LL o I I FA 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)