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HomeMy WebLinkAboutSA ROPS July-Dec 2012CITY OF SAN RAFAEL AGENDA ITEM NO.: 9 b MEETING DATE: May 21, 2012 REPORT TO MAYOR AND CITY COUNCIL SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL IN THE CITY'S CAPACITY AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, APPROVING THE AMENDED SECOND RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND APPROVING THE AMENDED SUCCESSOR ADMINISTRATIVE BUDGET FOR THE PERIOD JULY THROUGH DECEMBER 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 SECOND RECOGNIZED OBLIGATION PAYMENT SCHEDULE SUBMITTED BY t ,' . T APPROVED BY R 0, , Stephanie Lovette, Economic Development Manager Nancy Ma Ale, City Manager RECOMMENDATION: Staff recommends that the Successor Agency approve the Amended Recognized Obligation Payment Schedule ("ROPS") and the Amended Successor Administrative Budget for the period of July -December 2012. BACKGROUND: On December 29, 2011, the California Supreme Court delivered its decision in the California Redevelopment Association v. Matosantos case, finding ABx1 25 (the "Dissolution Act") largely constitutional. The Court's decision means that all California redevelopment agencies, including the Redevelopment Agency of the City of San Rafael (the "Redevelopment Agency"), were dissolved on February 1, 2012. On January 3, 2012, the San Rafael City Council elected to act as Successor Agency ("Successor Agency") for the former San Rafael Redevelopment Agency. The Successor Agency now holds the former Redevelopment Agency's non -housing funds and assets and is charged with the responsibility of paying off the former Redevelopment Agency's existing debts, disposing of the former Redevelopment Agency's properties and assets to help pay off debts and return revenues to the local government entities that receive property taxes (the "Taxing Entities"), and winding up the affairs of the former Redevelopment Agency. FOR CITY CLERK ONLY File No.:<.v City Council Meeting: T¢ Disposition: L26 - 4 .- N M Q Iia ID R M m O N O co N O O' O h tai N U m O La TFF z UI 'DFFF [Fr@ in 4 'i uNi ' .r-` to rm N N N y m ' cr m m mm _C z; a O' 4 N> D O .v @ @ m ax �7. AR U Al N O O m m m@ go' m b D me @ m m W mcaia� u@i$ c �} .0 m m m xx F=. Fc x r x x x x F " x F� x F. w c �. o. o O a 9 0. OOLL a n o. a a o $.•- o. a OOLL LL OLL 0. 4a Q.. N OLL Q. ~N OLL CL OLL 0. OOH OOLLLL Q� Q� Qti Q� Q dY Q OF mF Wit- ar Ir WF azr Ir A ix @ NN N N tMV N N N d n V i0 A a O O M O a C •- m. 0 co N Q 1410, O O fl�p Otq Ci d 7' Nco Nom. Ca W RD F MR N N c OD c O Q Nm. O t° w C4 CC C} Ka M F Q o O m N N. @ Ui M N @ :3 4) y @ vim,' @ m tlml mm O 0 coo ; o rO&M gca @ Q wo .N N 0 m 0 m `o m o m c m a cc= m y m m a -G m ca m a' a c m z v ca z m — z v m z mm z a z — z m C n c ca cC - c¢ cd c cm uu! uY m m n In m m in m D D � `� to en U G 0.t (n m C -i O N O N. m m d f3 Lx O W. y o m3 a, O m% m ,0 @ 6 m � fG7 ' c N G .0 m m' O.. F O. 0 .O. $ 'p N ¢3 W C C ED O Q NOS 01 `m o a o N w 6 N N '_ N N r= `O j O mm N Q= m O O @ .4 O.r. z @ ® m@'D CCb m m ,a. fi two 6a Ca _ j Q�3 m N fl% C�7 O 'Li N G a ut m o m a m a m .- N M Q Iia ID R M m O N ; w Q 0 0 & _ % z }. $MO �(§� �22� 0 o C Q7�c <»�) oast 5m�« //2 UJ N a. C /\0>1 k m ix b F I ,T C) 0 M m 0 R 0 ol o In t5 N o C) 0 0 ol 0 > > cx CL a- E? IL a 2 a a a 2 a 10to 0 4) 10 1.) m M S7 ttf a5 D ve CY) ,0 w to �6 L 0 LL o T o 0' C c - �- S a X LL _ F- LL 2 -0 TQ M 2 c aa r n c aCL U- tf (� -i LL c c .20 c 15 -a 0 c c ii 0 a'& C c C4 a 6 c c R c 0 0 :3 E t2 to :) E :3 N�l E E 0 u 8 a u p p 0 BUSY to C) 0 N O C7 s C14 o 0 C., CN C) O' tY0) Ci C, 0 C� to C� 0 10 0 0 a c a I'D 0, c 0 0) LL c o ir R2 c 2 - 2 0 "1 2 o wo Tp Ew CO pUas rp C: 0) 20 E E N o CA -a CC, E C -u 2 o C4, rn H cx 0 'C 0 ECL 0 0 CO W Ui —0 m m uj P P u �6C 0 A) mT3 10 D ft E Lo1 c LL 0 (S a w ca > 2 CL E CL m 8 0 c - N N t4 0 L City of San Rafael as Successor to San Rafael Redevelopment Agency Administrative Budget July 2012 -December 2012 Approved by oversight board May 9, 2012 Description Payee Description Source Total Cost Agency admin staff City of San Rafael staff costs Administrative Cost allowance $80,120 Agency admin Finance Staff City of San Rafael staff costs Administrative Cost allowance $14,980 Agency admin auditor Maize & Associates Administrative Cost allowance $10,000 Agency admin. utilities/leases PG&E Utility -lease payments Administrative Cost allowance $1,947 Agency admin. Maintenance Various Maint. RDA offices Administrative Cost allowance $0 Agency admin. IT/communication City of San Rafael IT services Administrative Cost allowance $5,655 Agency admin. liability insurance City of San Rafael Insurance Administrative Cost allowance $1,468 Agency admin. legal Various Legal Services Administrative Cost allowance $10,831 Total $125,000 Note: Allowable administrative expense for first year is 3% of property tax allocated to the Successor Agency in 2012-13 or a minimum of $250,000. 5/15/2012 RESOLUTION NO. 04-2012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL IN THE CITY'S CAPACITY AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, APPROVING THE AMENDED SECOND RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND APPROVING THE AMENDED SUCCESSOR ADMINISTRATIVE BUDGET FOR THE PERIOD JULY THROUGH DECEMBER 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 SECOND 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 et 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 its latest enforceable obligation payment schedule (the "RDA FOPS") as required pursuant to Health and Safety Code Section 34169(g); and WHEREAS, Health and Safety Code Section 34177(1)(2)(A) requires the Successor Agency to prepare a draft recognized obligation payment schedule for the period of July through December 2012 (the "Second RODS") and make associated notifications and distributions. The Department of Finance requested this submittal of the Second ROPS by May 11, 2012 and the Successor Agency complied; and WHEREAS, Health and Safety Code Section 341770) requires the Successor Agency to prepare an administrative budget (the "Successor Agency Administrative Budget"); and 105\03.1090268.7 WHEREAS, Health and Safety Code Section 34177(k) requires the Successor Agency to prepare administrative cost estimates from the information set forth in the Successor Agency Administrative Budget (the "Successor Agency Administrative Cost Estimates") and provide them to the Auditor -Controller for the County of Marin; and WHEREAS, Health and Safety Code Section 34177(k) requires the Successor Agency to provide the Successor Agency Administrative Budget to the Auditor -Controller for the County of Marin. The County of Marin requested the draft Successor Agency Administrative budget by April 15, 2012 and the Successor Agency complied; and WHEREAS, the Second 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 Second Amended ROPS and the Successor Agency Administrative Budget for July -December 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 Second Amended ROPS and the approved Successor Agency Administrative Budget for July - December 2012 to the State Department of Finance, the County of Marin and posted the document on the City's website; NOW, THEREFORE, BE IT RESOLVED that the City Council, acting as the Governing Board of the Successor Agency, hereby approves the Amended Second ROPS and the Successor Agency Administrative Budget for July -December 2012, which contains the Successor Agency Administrative Cost Estimates. Copies of the Amended ROPS and the Successor Agency Administrative Budget are also 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 Second ROPS, approval of the Successor Agency Administrative Budget containing the Successor Agency Administrative Cost Estimates for July -December 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'\0311096268,7 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. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council in its capacity as Successor Agency to the former Redevelopment Agency of the City of San Rafael, held on Monday, the twenty-first day of May, 2012, by the following vote, to wit: AYES: Members: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Members: None ABSENT: Members: None Esther C. Beirne, City Clerk 105\03\1096268.7 INSTRUCTIONS :•u DEPARTMENT: CITY OF SAN RAFAEL USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. Stephanie Lovette Economic Development SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: 5/21/2012 TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL IN THE CITY'S CAPACITY AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, APPROVING THE AMENDED SECOND RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND APPROVING THE AMENDED SUCCESSOR ADMINISTRATIVE BUDGET FOR THE PERIOD JULY THROUGH DECEMBER 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 SECOND RECOGNIZED OBLIGATION PAYMENT SCHEDULE (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) REMARKS: 4 ._ A AAA City Attorney (signature)