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HomeMy WebLinkAboutED ROPS; 2014 Jan - DecCITY OF Agenda Item No: Meeting Date: February 18, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Manager Prepared by: Stephanie Lovette Economic Development Manger City Manager ApprovaofiUC4�& SUBJECT: 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 RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY THROUGH DECEMBER 2014 RODS (14-15A) 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 ROPS 14-15A AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE RECOMMENDATION: Adopt a resolution of the City Council, in the capacity as governing board of the successor agency to the former Redevelopment Agency, approving the Recognized Obligation Payment Schedule for the period of July -December 2014 (ROPS 14-15A) 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 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 City as Successor Agency. The actions of the Oversight Board must be approved by the California Department of Finance, File No.: =$ Council Meeting; Disposition.: The San Rafael Successor Agency and the Oversight Board have approved five Recognized Obligation Payment Schedules and administrative budgets to date. The CA State Department of Finance has approved funding for all the BOPS submitted by San Rafael. The Oversight Board met on February 13, 2014 to address the BOPS 14-15A for the period of July -December 2014. FISCAL IMPACT: The Law allows Successor Ag=cy'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 $244,8'78 for the five month period of February 2012 -June 2012 and $125,000 for each subsequent RODS. The statute specifies payments to be made for obligations on each January 2nd and June I't. The county of Marin follows a different schedule, paying San Rafael in arrears. Therefore the BOPS lists approved and unpaid obligations. OPTIONS: • Adopt the Resolution approving the RODS 14-15A. • Modify the Resolution approving the RODS 14-15A. • Request further information • Reject the staff recommendation ACTION REQUIRED: Staff recommends that the Council, as Successor Agency adopt the Resolution. Attachment A —Recognized Obligation Payment Schedule 14-15A for the period of July - December 2014 as approved by the Oversight Board on February 13, 2014. N RESOLUTION NO, 2014-01 RESOLUTION OF THE SAN RAFAEL SUCCESSOR AGENCY APPROVING THE THIRD RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY THROUGH DECEMBER 2014 WHEREAS, the California state legislature enacted Assembly Bill x1 26 (the "Dissolution Act") to dissolve redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et sect.); 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, the oversight Board has approved the First, Second, Third and Fourth ROPS and RODS 13-14A and 13-14B and the approved Successor Agency Administrative Budgets pursuant to Health and Safety Code Sections 34177(l)(2)(B) and 341770), ), respectively. WHEREAS, The CA Department of Finance approved the actions of the Oversight Board . and i► WHEREAS. on February 1-3. 2014 the Oversight Board approved ROPS 14-15A,- and WHEREAS, Agency staff will submit the RODS 14-15A to the CA Department of Finance by March 1, 2014 pursuant to HSC Section 34177(m). NOW, THEREFORE, BE 1T RESOLVED that the City Council, acting as the Governing Board of the Successor Agency, hereby approves the RODS 14-15A and the Successor Agency Administrative Budget for July -December 2014, which contains the Successor Agency Administrative Cost Estimates. Copies of the ROPS 14-15A 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. 1, 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 eighteenth day of February, 2014, by the following vote, to wit: AYES: Members: Bushey, Colin, Connolly, McCullough & Chairman Phillips NOES: Members: None ABSENT: Members: None Esther C. Beime, Agency Secretary O ::r c CD (D cr CDrC: u) c 0) 0 0 0 r -4 - CDP-4- 0 IL 0 :3 C/) o 3 0 m C= 0 :3 CD 0 CD cr 0 < ^0 CD 3 o cn 0 CL h 0 CD CD CD w 03 Cr M CD 0 m 0 0 W C: = 3 CL CD C/) CL CD M N CD m 0 (a0 0 0 =. 9 CL iq CD CL T cn CD I 3 (D aw 0 CO 0 z z X m m > (D at0 (D m (D W 0 . > CL r- CD M > r- CD m :3 0 0 m Cl) m 0 -0 (D -h0 0 (1) cin cn > (a > z 0 0 low 0 r4h M 0 CD 0 0 0 CL 3 0 0 0 CD 0 0 CL CL CO cr _0 0 CL 0 5. 0) Cr 0 S. 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Administrative utilities/leases PG&E Agency admin. Administrative Maintenance Various Agency admin. City of S IT/communication Rafael Agency admin. City of S liability insurance Rafael Agency admin Maize 4 auditor Associat Agency admin. Administrative legal Variou Total 2/7/2014 Description Source 31fime Administrative staff costs Cost allowance Administrative staff costs Cost allowance Utility -lease Administrative payments Cost allowance Maint. RDA Administrative offices Cost allowance Administrative IT services Cost allowance Administrative Insurance Cost allowance Administrative Cost allowance Administrative Legal Services Cost allowance 31fime