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
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City of San Rafael as Successor to San Rafael Redevelopment Agency
Administrative Budget July 2014 -December 2014 (6/12 of a year)
Description Payee
Agency admin
City of S;
staff
Rafael
Agency admin
City of S,
Finance Staff
Rafael
Agency admin.
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