Loading...
HomeMy WebLinkAboutSA Resolution 07-2012 (Obligation Payments)RESOLUTION NO. 07-2012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL IN THE CITY'S CAPACITY AS SUCCESSOR AGENCY OF THE SAN RAFAEL REDEVELOPMENT AGENCY, APPROVING THE AMENDED FIRST RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY THROUGH JUNE 2012 AND DIRECTING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO TAKE ALL ACTION NECESSARY AND APPROPRIATE ON BEHALF OF THE CITY AS SUCCESSOR AGENCY UNDER THE COMMUNITY REDEVELOPMENT LAW IN CONNECTION WITH THE APPROVED FIRST AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE 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 gt seg.); and WHEREAS, on January 3, 2012 and pursuant to Health and Safety Code Section 34173, the City Council 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 FOPS") as required pursuant to Health and Safety Code Section 34169(8); 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 "ROPS") and made associated notifications and distributions; and WHEREAS, on March 1, 2012 pursuant to Health and Safety Code Section 341770) (k) the Successor Agency prepared an administrative budget (the "Successor Agency Administrative Budget") and made associated notifications and distributions, and 105\03\1096268.7 WHEREAS, the ROPS and the Successor Agency Administrative Budget must be approved by the Oversight Board pursuant to Health and Safety Code Sections 34177(1)(2)(B) and 341770), respectively; and WHEREAS, the Oversight Board held its first meeting on May 9, 2012 and approved portions of the ROPS and the Successor Agency Administrative Budget for January -June 2012 pursuant to Health and Safety Code Sections 34177(1)(2)(B) and 341770), respectively; and WHEREAS, on May 11, 2012, the Successor Agency provided the partially approved ROPS and the approved Successor Agency Administrative Budget for January -June 2012 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 with minor changes to the ROPS for the period of January -July 2012; and WHEREAS, the Oversight Board held its second meeting on June 1, 2012 and approved further portions of the ROPS for January -June 2012 (the "Amended First ROPS") and this document was provided to the CA Department of Finance on June 1, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council, acting as the Governing Board of the Successor Agency, hereby approves the Amended First ROPS and the Successor Agency Administrative Budget for January -June 2012, which contains the Successor Agency Administrative Cost Estimates. Copies of the Amended First 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 file, post, mail or otherwise deliver via electronic mail, internet posting, and/or hardcopy, all notices and transmittals necessary or convenient in connection with the adoption of the Amended First ROPS, approval of the Successor Agency Administrative Budget containing the Successor Agency Administrative Cost Estimates for January -June 2012, and other actions taken pursuant to this Resolution. BE IT FURTHER RESOLVED that unless and until the City Council, acting as the Governing Board of the Successor Agency, resolves otherwise, the Successor Agency shall be referred to in all its official documents, papers, reports, agreements, deeds, and other written materials, and shall carry out its duties and exercise its rights as the "City of San Rafael, acting in its capacity as the Successor Agency of the Redevelopment Agency of the City of San Rafael, or similar wording. 2 105\0311096268.' BE IT FURTHER RESOLVED that the City Council, acting as the Governing Board of the Successor Agency, declares that the assets, obligations, liabilities, and activities of the Successor Agency are and shall remain separate from the assets, obligations, liabilities and activities of the City, and that all costs of, liabilities of, and claims against the Successor Agency and/or the Oversight Board shall be solely the costs and liabilities of the Successor Agency and/or the Oversight Board and shall not be costs of, liabilities of, and/or claims against the City. BE IT FURTHER RESOLVED that nothing in this Resolution shall abrogate, waive, impair or in any other manner affect the right or ability of the City, as a municipal corporation, to initiate and prosecute any litigation with respect to any agreement or other arrangement between the City and the Former RDA, including, without limitation, any litigation contesting the purported invalidity of such agreement or arrangement pursuant to the Dissolution Act. BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon adoption. 1, 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, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk 3 105\03\1096268.7