HomeMy WebLinkAboutTC Res 2012-01-18 (3)RESOLUTION NO. 03-2012
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON ELECTING TO MAINTAIN THE HOUSING ASSETS
AND FUNCTIONS OF THE TIBURON REDEVELOPMENT
AGENCY AS SUCCESSOR TO SAID AGENCY
WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety
Code Sections 33000 et seq.), on November 18, 1983, the Town Council of the Town of
Tiburon ("Town") created the created the Tiburon Redevelopment Agency and adopted
the Tiburon Redevelopment Plan pursuant to Ordinance No. 279 N.S.; and
WHEREAS, as part of the 2011-2012 State budget bill, the California State
Legislature enacted, and the Governor signed, companion bills AB 1 X 26 and AB 1 X 27
(together known as the "Redevelopment Restructuring Acts"), which eliminate every
redevelopment agency subject to limited exceptions; and
WHEREAS, on July 18, 2011, the League of California Cities and the California
Redevelopment Association filed suit in the Supreme Court of the State of California,
California Redevelopment Association v. Matosantos (Case No. S 194861), challenging
the constitutionality of and requesting a stay of enforcement of AB 1 X 26 and AB 1 X 27
("Lawsuit"); and
WHEREAS, on December 29, 2011, the California Supreme Court issued its
opinion in the Lawsuit upholding AB 1X 26, which dissolves all redevelopment agencies,
and striking down AB 1 X 27, thereby requiring the dissolution of all redevelopment
agencies by February 1, 2012; and
WHEREAS, pursuant to AB 1X 26 now codified in part as Health and Safety
Code section 34173(d)(1), the Town of Tiburon has decided to act as the Successor
Agency of the Tiburon Redevelopment Agency; and
WHEREAS, the Tiburon Redevelopment Agency is statutorily obliged to create
5.5 affordable housing units within the Tiburon Redevelopment Plan Area;
WHEREAS, on March 16, 2011, the Tiburon Redevelopment Agency entered
into Cooperation Agreement with the Marin Housing Authority ("Authority"), whereby
the Tiburon Redevelopment Agency Agreed to transfer its housing funds to the Authority
in return for the Agency's commitment to expend those funds to satisfy the agency's
outstanding affordable housing obligation, subject to the Town's guidelines as set forth in
said agreement; and;
WHEREAS, pursuant to Health and Safety Code Section 34176, the Town
Council can elect to retain the housing assets and functions of the Tiburon
Redevelopment Agency by adopting a resolution documenting that election and the Town
Council elects to do so to retain its rights under the Cooperation Agreement;
Pagel of 2
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Tiburon that, as Successor Agency to the Tiburon Redevelopment Agency, the Town
elects to retain the housing assets and functions previously performed by said Agency
pursuant to Health and Safety Code Section 34176.
BE IT FURTHER RESOLVED that the Town Council directs the Town
Manager to file a copy of this resolution with the County Auditor-Controller.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council
held on the 18th day of January 2012, by the following vote:
AYES: COUNCILMEMBERS: Collins, Doyle, Fraser, Fredericks, O'Donnell
NOES: COUNCILMEMBERS: None r
ABSENT: COUNCILMEMBERS: None
It -
"MAOR
JIM F UBURYN
TO 8
ATTEST:' ,i
DIANE CRANE IACOPI, TOWN CLERK
Page 2 of 2
EXHIBIT A
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Under AB IX 26, an enforceable obligation is any of the following:
(A) Bonds, as defined by Section 33602 and bonds issued pursuant to Section 58383 of the
Government Code, including the required debt service, reserve set-asides, and any other
payments required under the indenture or similar documents governing the issuance of the
outstanding bonds of the former redevelopment agency.
(B) Loans of moneys borrowed by the redevelopment agency for a lawful purpose, to the extent
they are legally required to be repaid pursuant to a required repayment schedule or other
mandatory loan terms.
(C) Payments required by the federal government, preexisting obligations to the state or
obligations imposed by state law, other than pass-through payments that are made by the county
auditor-controller pursuant to Section 34183, or legally enforceable payments required in
connection with the agencies' employees, including, but not limited to, pension payments,
pension obligation debt service, unemployment payments, or other obligations conferred through
a collective bargaining agreement.
(D) Judgments or settlements entered by a competent court of law or binding arbitration
decisions against the former redevelopment agency, other than pass-through payments that are
made by the county auditor-controller pursuant to Section 34183. Along with the successor
agency, the oversight board shall have the authority and standing to appeal any judgment or to
set aside any settlement or arbitration decision.
(E) Any legally binding and enforceable agreement or contract that is not otherwise void as
violating the debt limit or public policy. However, nothing in this act shall prohibit either the
successor agency, with the approval or at the direction of the oversight board, or the oversight
board itself from terminating any existing agreements or contracts and providing any necessary
and required compensation or remediation for such termination.
(F) Contracts or agreements necessary for the administration or operation of the successor
agency, in accordance with this part, including, but not limited to, agreements to purchase or rent
office space, equipment and supplies, and pay-related expenses pursuant to Section 33127 and
for carrying insurance pursuant to Section 33134.
(G) Amounts borrowed from or payments owing to the Low and Moderate
Income Housing Fund of a redevelopment agency, which had been deferred
as of the effective date of the act adding this part; provided, however, that
the repayment schedule is approved by the oversight board.
09959.00000\6849049.6
Under this definition, the RDA's sole enforceable obligation is the creation of 5.5 very housing
units affordable to very low income households.
The information required by AB IX 26 is as follows:
(A) The project name associated with the obligation: Cooperation Agreement with the Marin
Housing Authority
(B) The payee: The Marin Housing Authority.
(C) A short description of the nature of the work, product, service, facility, or other thing _of
value for which payment is to be made: See Affordable Housing Plan, Attachment A.
(D) The amount of payments obligated to be made, by month, through April 2012: $0.00. The
Marin Housing Authority already holds the RDA housing funds.
09959.00000\6849049.6
ATTACHMENT A
AFFORDABLE HOUSING PLAN
Affordable Housing Projects and Programs.
A. The Housing Fund monies provided to the Authority under this Agreement must
first be spent to satisfy the Agency's Affordable Housing Requirement.
B. Any funds remaining after the Agency's Affordable Housing Requirement has
been met shall be used to provide moderate, low, very low or extremely low
income units in accordance with state law and the Town's General Plan and
Municipal Code, or to assist with the following types of affordable housing-
related programs:
• Developer Loans for development of affordable rental housing
• First Time Homebuyer Program consistent with Redevelopment Law - including
down payment assistance, equity share or closing cost loans
• Transitional Housing to assist with homeless prevention
• Housing Rehabilitation consistent with Redevelopment Law
A-1
EOPS Attachment 1-18-12.doc