HomeMy WebLinkAboutCC Resolution 03-2012 (Recognized Obligation Payment Schedule)RESOLUTION NO. 03-2012
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 RECOGNIZED
OBLIGATION PAYMENT SCHEDULE AND APPROVING THE AMENDED
SUCCESSOR ADMINISTRATIVE BUDGET FOR THE PERIOD 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
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
WHEREAS, the California state legislature enacted Assembly Bill x 1 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(8); and
WHEREAS, Health and Safety Code Section 34177(1)(2)(A) requires the Successor
Agency to prepare a draft recognized obligation payment schedule (the "ROPS") and make
associated notifications and distributions by March 1, 2012 and the San Rafael Successor
Agency complied with this requirement; and
WHEREAS, the Successor Agency prepared an Amended ROPS which was distributed
to the State Department of Finance, and the Auditor -Controller for the County of Marin and
posted on the City of San Rafael website by April 15, 2012; and
WHEREAS, Health and Safety Code Section 3417 70) requires the Successor Agency to
prepare an administrative budget (the "Successor Agency Administrative Budget"); and
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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 and the Successor Agency complied with this requirement on April 15, 2012; and
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 and 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 ROPS and the Successor Agency
Administrative Budget for January -June 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 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.
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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 1096264.7