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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 1 105103 1096268.7 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 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. 2 105 03,1096268,-, 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