HomeMy WebLinkAboutSA Resolution 06-2012 (Obligation Payments)RESOLUTION NO. 06-2012
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL, ACTING
AS THE SUCCESSOR TO THE SAN RAFAEL
REDEVELOPMENT AGENCY, APPROVING AN AMENDED
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE FOR
THE PERIOD OF AUGUST —DECEMBER 2011 AND APPROVING
A SECOND AMENDED ENFORCEABLE OBLIGATION
PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY -JUNE
2012
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et sec,.; the "Redevelopment Law"), the City Council (the "City
Council") of the City of San Rafael (the "City") adopted the Redevelopment Plan for the Central
San Rafael Redevelopment Project Area by Ordinance No. 1079, on November 20, 1972 (as
amended from time to time, the "Redevelopment Plan"); and
WHEREAS, the San Rafael Redevelopment Agency (the "Agency") is responsible for
implementing the Redevelopment Plan pursuant to the Redevelopment Law; and
WHEREAS, ABxl 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 "Supreme Court Decision"), the California
Supreme Court declared the Dissolution Act to be constitutional and revised certain dates for
performance of actions under the Dissolution Act; and
WHEREAS, the Dissolution Act provides for dissolution of the Agency as of February 1,
2012, at which time the assets and payment obligations (defined in the Dissolution Act as
"Enforceable Obligations") of the dissolving Agency will be transferred to the City, acting in its
capacity as "Successor Agency" (as defined in the Dissolution Act) to the dissolving Agency;
and
WHEREAS, pursuant to Section 34167(h) and Section 34177(a) of the Redevelopment
Law_(as added by the Dissolution Act), after August 29, 2011 and until the first "Recognized
Obligation Payment Schedule" (as defined in the Dissolution Act) is operative, the Agency or the
Successor Agency, as applicable, can only make payments on Enforceable Obligations listed and
required on an "Enforceable Obligation Payment Schedule" (as defined in the Dissolution Act);
and
WHEREAS, in accordance with the foregoing requirements, the Agency adopted its
Enforceable Obligation Payment Schedule for the period of August -December 2011 on
September 6, 2011, by Resolution 2011-11 (the "Initial Schedule"), and transmitted the adopted
Initial Schedule to the Marin County Auditor -Controller, the State Controller, and the State
Department of Finance, all in accordance with Section 34169(g) of the Redevelopment Lav; and
WHEREAS, On January 30, 2012, the Agency amended its previously adopted Initial
Schedule to include obligations through June 2012, in the form of a First Amended Enforceable
Obligation Payments Schedule (the "First Amended Schedule"), in order to facilitate an orderly
transfer of its Enforceable Obligations payment responsibilities on February 1, 2012 to the City,
acting in its capacity as Successor Agency to the Agency, and as authorized pursuant to Section
33169(g)(2) of the Redevelopment Law;
WHEREAS, the Successor Agency desires to amend its previously adopted Initial
Schedule for the period of August -December 2011 (the "Amended Initial Schedule"), pursuant to
advice from the Agency Auditor.
WHEREAS, the Successor Agency desires to amend its previously adopted First
Amended Schedule, for the period ending June 2012, to add the month of January 2012 pursuant
to advice from the Agency auditor; and
WHEREAS under Title 14 of the California Code of Regulations, Section 15378(b)(4),
the approval of the Amended Initial Schedule, and the Second Amended Schedules,
(collectively, the "Amended Schedules") are exempt from the requirements of the California
Environmental Quality Act ("CEQA") in that it is not a project, but instead consists of the
continuation of an existing governmental funding mechanism for potential future projects and
programs, and does not commit funds to any specific project or program, because it merely lists
enforceable obligations previously entered into and approved by the Agency; and
WHEREAS, the Successor Agency board of directors (the "Successor Agency Board")
has reviewed and duly considered the Staff Report, the proposed Amended Schedules, and
documents and other written evidence presented at the meeting.
NOW, THEREFORE, BE IT RESOLVED, that the Successor Agency Board 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.
BE IT FURTHER RESOLVED, that the Agency Board finds, under Title 14 of the
California Code of Regulations, Section 15378(b)(4), that this resolution is exempt from the
requirements of CEQA in that it is not a project. The Agency Board therefore directs that a
Notice of Exemption be filed with the County Clerk of the County of Marin in accordance with
the CEQA guidelines.
BE IT FURTHER RESOLVED, that the Successor Agency Board hereby approves the
Amended Schedules and declares that the Amended Schedules amend and replace the previously
adopted Schedules in their entirety.
BE IT FURTHER RESOLVED, that the Successor Agency Board authorizes and directs
the Agency's Executive Director or the Executive Director's designee to: (1) post the Schedules
on the City's website; (2) designate the Economic Development Manager as the representative to
whom all questions related to the Amended Schedules can be directed; (3) notify, by mail or
electronic means, the Marin County Auditor -Controller, the State Department of Finance, and
the State Controller of the Agency's action to adopt the Amended Schedules and to provide those
persons with the internet website location of the posted schedule and the contact information for
the Successor Agency's designated contact; and (4) to take such other actions and execute such
other documents as are appropriate to effectuate the intent of this Resolution and to implement
the Amended Schedules on behalf of the Successor Agency.
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon
adoption.
I, ESTHER C. BEIRNE, Clerk of the City Council of the City of San Rafael as Successor
Agency, hereby certify that the foregoing resolution was duly and regularly introduced and
adopted at a regular meeting of the City Council of the City of San Rafael as Successor Agency
held on Monday, the eighteenth day of June, 2012 by the following vote:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Esther C. Beirne, City Clerk