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HomeMy WebLinkAboutCM EOPS; Aug-Dec; Amended Jan-June 2012Agenda Item No: g a Meeting Date: June 18, 2012 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager Prepared by: Stephanie Lovette Economic Development Manger City Manager Approval �` SUBJECT: 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 RECOMMENDATION: Adopt a resolution of the City Council, in the capacity as governing board of the successor agency to the former Redevelopment Agency: (1) approving an Amended Enforceable Obligation Payment Schedule for the period of August -December 2011; (2) approving the Second Amended Recognized Obligation Payment Schedule for the period of January -June 2012 and authorizing the City Manager to take such actions and execute such other documents as are appropriate to effectuate the intent of the resolution. OVERVIEW: The California state legislature enacted Assembly Bill xl 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: 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 City as Successor Agency. The actions of the Oversight Board must be approved by the California Department of Finance. FOR CITY CLERK ONLY Fite No.: p> CCr _f Council Meeting: b /I I t7) Disposition:�r- On January 30, 2012, the Redevelopment Agency Board, in accordance with the Dissolution Act, adopted an amended Enforceable Obligations Payment Schedule (the "EOPS") listing all of the Redevelopment Agency's enforceable obligations for payments required to be made by the Redevelopment Agency through June 30, 2012. The City as Successor Agency adopted an Amended EOPS on March 5, 2012. The Successor Agency also adopted the first Recognized Obligation Payment Schedule ("the First ROPS") and an administrative budget for the period of January -June 2012 on the same date. 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 met on May 9, 2012 and approved certain items on the First ROPS, the Second ROPS and the administrative budgets for January -June and July -December 2012. The partially approved First and Second ROPS and the administrative budgets were also approved by the California Department of Finance. DISCUSSION: The EOPS has been superseded by the ROPS. At this time, the Agency may only fund transactions that are listed on the ROPS and approved by the Oversight Board and the Department of Finance. The County and the State are in the process of auditing all former redevelopment agencies for financial transactions that occurred prior to the adoption of the ROPS and assessing those transactions against the EOPS that were prepared in August 2011 and January 2011. Staff has been advised to update the EOPS' to include the month of January and to list specific payees for certain items that were listed categorically. These changes are reflected in the Amended EOPS'. The total obligations shown on the Amended EOPS' does not exceed the obligations listed on the previous EOPS'. FISCAL IMPACT: Approval of the Amended EOPS' will provide a better facilitate the ability of the City as Successor Agency to verify the payments that were made on enforceable obligations in the month of January 2012. OPTIONS: • Adopt the Resolution • Modify the Resolution • Request further information • Reject the staff recommendation ACTION REQUIRED: Staff recommends that the Council adopt the Resolution. ATTACHMENTS: Attachment A — Amended Enforceable Obligation Payment Schedule for the period of August - December 2011 Attachment B - Amended Enforceable Obligation Payment Schedule for the period of January - June 2012 2 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 Law; 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 eighteenthdayof June, 2012 by the following vote: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Esther C. 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