HomeMy WebLinkAboutTC Res 2012-12-05 (2)RESOLUTION NO. 45-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON, ACTING AS SUCCESSOR AGENCY
TO THE TIBURON REDEVELOPMENT AGENCY,
TERMINATING THE ROLE OF SUCCESSOR AGENCY
Recitals
The Town Council of the Town of Tiburon, acting as the successor agency to the Tiburon
Redevelopment Agency, does hereby find as follows:
1. In 1983, the Town formed the Tiburon Redevelopment Agency ("Agency") to eliminate
blight and fonnulate and carry out redevelopment projects in the planning area.
2. On September 2 1983, the Agency adopted the Redevelopment Plan for the Tiburon
Redevelopment Project ("Redevelopment Plan") to eliminate and reduce aspects of
physical and economic blight within the Tiburon Redevelopment Project Area (the
"Project Area") by, among other things, improving Tiburon Boulevard.
3. In 2002, the Agency made the final payment on its outstanding bond debt.
4. On June 28, 2011, California enacted AB XI 26, which provided for the dissolution of
redevelopment agencies in the state. Dissolution became effective on February 1, 2012
(the "Dissolution Date"). On June 27, 2012, California adopted AB 1484 to further detail
the dissolution process. AB XI 26 and AB 1484 are collectively referenced herein as the
"Dissolution Statutes."
5. Among other things, the Dissolution Statutes provided that the redevelopment agencies
assets and responsibilities would be divided between (a) housing-related functions and
assets; and (b) all other redevelopment agency functions and assets.
6. As of the Dissolution Date, the Agency's outstanding obligations included the creation of
5.5 housing units affordable to very low income households ("Housing Production
Requirements") and the partial funding of a parking lot in the its planning area. The
Dissolution Statutes did not invalidate the Agency's prior legal commitments.
7. Prior to the Dissolution Date, the Agency transferred its outstanding assets and
obligations as follows: (a) The Agency entered into a contract with the Marin County
Housing Authority whereby the latter agency agreed to satisfy the Housing Production
Requirements and the Agency transferred its remaining low and moderate income
housing funds to the Marin County Housing Authority (``Housing Funds"); and (b) the
Agency entered into a contract with the Town of Tiburon whereby the Agency transferred
its non-housing funds ("Committed Development Funds") to the Town and the Town
agreed to use the funds for the above-described approved parking lot. As of the
S: IAdministrationlTown CouncillResolutions12012145-2012; Term of Suce Agency Reso 12-5-12.doc
Dissolution Date, the Agency had no assets other than its interests in the aforesaid
contracts.
8. On January 18, 2012, the Town Council decided to accept the designation of successor
agency to the Agency and further agreed to assume the Agency's housing functions and
assets, all as provided by the Dissolution Statutes.
9. The Committed Development Funds have been expended for their specified purposed.
The Agency had no other debts, obligations or assets except for those associated with its
housing function. According, Town staff consulted with the Department of Finance, who
advised that the Town should tenninate the existence of the successor agency pursuant to
Section 34187(b) of the California Health and Safety Code.
10. The Marin Housing Authority has not expended the Housing Funds and the Town will
continue to search for an appropriate affordable housing site.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon,
acting in its capacity of successor agency to the Agency:
1. The facts set forth in this Resolution are true and correct.
2. The Council hereby terminates the existence of the successor agency to the Tiburon
Redevelopment Agency and transfers the housing function to the Town to exercise directly;
PASSED AND ADOPTED at a regular meeting of the Town'Council of the Town of Tiburon
on December 5, 2012 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
L
/z/1
y , ~z
JIM FRASER,"MAYOR
Town of Tiburon
Collins, Doyle, Fraser, Fredericks, O'Donnell
None
None
ATTEST: ~
DIANE CRANE, TQ,WN CLE K
2
S: I4dministrationl Town CocrncillResolutions12012145-2012; Term of Succ Agency Reso 12-5-12.doc