_ _ _
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
SAN RAFAEL SUCCESSOR AGENCY AGENDA REPORT
Department: Finance
Prepared by: Shawn Plate, Finance Manager City Manager Approval: ___ TOPIC: DISSOLUTION OF THE SUCCESSOR AGENCY TO THE SAN RAFAEL
REDEVELOPMENT AGENCY
SUBJECT: RESOLUTION OF THE SUCCESSOR AGENCY TO THE SAN RAFAEL
REDEVELOPMENT AGENCY IN THE MATTER OF APPROVING A RENEWED
REQUEST TO FORMALLY DISSOLVE THE SUCCESSOR AGENCY
RECOMMENDATION:
Staff recommends that the City Council, acting as the Governing Board of the Successor Agency, adopt a resolution formally renewing the request to dissolve the Successor Agency to the San Rafael Redevelopment Agency.
BACKGROUND:
On December 29, 2011, the California Supreme Court delivered its decision in the California Redevelopment Association v. Matosantos case, finding Assembly Bill X1 26 largely constitutional. The Court’s decision meant that all California redevelopment agencies, including the San Rafael Redevelopment Agency (“Redevelopment Agency”), were dissolved on February 1, 2012.
On January 3, 2012, the San Rafael City Council adopted a resolution to serve as the Successor Agency to the former Redevelopment Agency. The Successor Agency then held the former Redevelopment Agency’s unobligated funds and was charged with the responsibility of paying off its existing debts, disposing of the former Redevelopment Agency’s properties and assets to help pay off debts and return revenues to the local government entities that receive property taxes, and winding up the affairs of the former Redevelopment Agency.
On June 17, 2024, the San Rafael City Council, acting as the Governing Board of the Successor Agency, adopted Resolution No. 2024-01 to formally request dissolution of the Successor Agency based on acceptance of substantial evidence that conditions requisite to dissolve the Successor Agency had been met.
Per Health & Safety Code (HSC) Section 34187(b), the Successor Agency shall submit to the Oversight Board, with a copy of the request to the County Auditor-Controller, a request to dissolve once the following Agenda Item No: SA 1.a
Meeting Date: October 19, 2026
SAN RAFAEL SUCCESSOR AGENCY AGENDA REPORT / Page: 2
three conditions have been met:
• All of the enforceable obligations on the Recognized Obligation Payment Schedule have been retired or paid off
• All real property has been disposed of pursuant to HSC Sections 34181 or 34191.4 • All outstanding litigation has been resolved
On July 30, 2024, the California Department of Finance denied the dissolution request because title to one parcel remained with the Successor Agency. The parcel, 25 Andersen Drive, was the only property designated for liquidation in the Successor Agency’s approved Long Range Property Management Plan, dated May 18, 2015.
On August 21, 2026, City staff acting on behalf of the Successor Agency completed the sale of the parcel at 25 Andersen Drive and remitted the remaining proceeds to the taxing agency (Marin County Department of Finance).
On September 29, 2026, the Marin County Successor Agency Oversight Board requested that the City, acting on behalf of the Successor Agency, formally renew the previous dissolution request.
ANALYSIS:
With the sale of 25 Andersen Drive on August 21, 2026, all real property has been disposed of. All enforceable obligations have been paid off, and there is no outstanding litigation. All three conditions in HSC Section 34187(b) have therefore been met. Upon delivery of a renewed resolution, the Marin County Successor Agency Oversight Board shall approve the request within 30 days and shall submit the request to the Department of Finance.
FISCAL IMPACT:
There is no fiscal impact to adopting the resolution.
OPTIONS:
The City Council, acting as the Governing Board of the Successor Agency, has the following options to consider on this matter:
1. Adopt the resolution.
2. Adopt a modified resolution.
3. Do not adopt the resolution.
RECOMMENDED ACTION:
Staff recommends that the City Council, acting as the Governing Board of the Successor Agency, adopt a resolution formally renewing the request to dissolve the Successor Agency to the San Rafael Redevelopment Agency of the City of San Rafael.
ATTACHMENT:
1. Resolution
RESOLUTION NO.
WHEREAS, on December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos (“Matosantos”), finding Assembly Bill X1 26 (the “Dissolution Act”) largely constitutional; and WHEREAS, under the Dissolution Act and the California Supreme Court’s decision in Matosantos, all California redevelopment agencies, including the Redevelopment Agency of the City of San Rafael (“Redevelopment Agency”), were dissolved on February 1, 2012, and successor agencies were to be designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies; and
WHEREAS, on January 3, 2012, the City Council of the City of San Rafael adopted a resolution electing the City to serve as the Successor Agency to the former Redevelopment Agency (the “Successor Agency”), as defined in the Dissolution Act; and WHEREAS, on June 17, 2024, the City Council, acting as the Governing Board of the Successor Agency, adopted Resolution No. 2024-01 to formally request dissolution of the Successor Agency; and
WHEREAS, on July 30, 2024, the California Department of Finance formally denied the dissolution request because there existed one remaining property under title of the Successor Agency, and the request therefore did not meet the requirements for dissolution under Health & Safety Code (HSC) Section 34187(b); and WHEREAS, on August 21, 2026, City staff acting on behalf of the Successor Agency completed the sale of the property located at 25 Andersen Drive, disposing of the asset pursuant to HSC Section 34191.4; and
WHEREAS, in accordance with HSC Section 34187(b), when all enforceable obligations have been retired or paid off, all real property has been disposed of pursuant to HSC Sections 34181 or 34191.4, and all outstanding litigation has been resolved, a successor agency shall, within 30 days of meeting the aforementioned criteria, submit to the oversight board a request, with a copy of the request to the County Auditor-Controller, to formally dissolve the successor agency. The oversight board shall approve the request within 30 days, and shall submit the request to the Department of Finance; and WHEREAS, the Marin County Successor Agency Oversight Board issued a request September 29, 2026, to formally renew the previous dissolution request; and WHEREAS, the Successor Agency has provided substantial evidence that all enforceable obligations were paid off, all real property assets had been disposed of pursuant to HSC Section 34191.4, and all outstanding litigation has been resolved pursuant to HSC Section 34187(b); and
WHEREAS, the Successor Agency shall request formal dissolution from the Marin Countywide Oversight Board, provide a copy of the request to the County AuditorRESOLUTION OF THE SUCCESSOR AGENCY TO THE SAN RAFAEL
REDEVELOPMENT AGENCY IN THE MATTER OF APPROVING A RENEWED
REQUEST TO FORMALLY DISSOLVE THE SUCCESSOR AGENCY
Controller, and, upon approval, submit a copy of the approval to the Department of Finance.
NOW, THEREFORE, BE IT RESOLVED by the City Council, acting as the Governing Board of the Successor Agency, that the recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
BE IT FURTHER RESOLVED, that all necessary opportunities for public testimony and comment have been provided in compliance with State law.
BE IT FURTHER RESOLVED, that the City Council, acting as the Governing Board of the Successor Agency, hereby finds and determines that, based upon substantial evidence provided by the Successor Agency, the Successor Agency has completed its prescribed obligations under HSC Section 34187(b) and approves the renewed request to formally dissolve the Successor Agency as appropriate under State law.
BE IT FURTHER RESOLVED, that the City Council, acting as the Governing Board of the Successor Agency, hereby directs the Successor Agency’s Secretary to transmit a copy of this Resolution to the Marin Countywide Oversight Board, with a copy to the Marin County Auditor-Controller, to formally request to dissolve the Successor Agency.
BE IT FURTHER RESOLVED, that the approval of this Resolution does not commit the City or the Successor Agency to any action that may have a significant effect on the environment, and, as a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act.
BE IT FURTHER RESOLVED, that if any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon its adoption.
I, Lindsay Lara, Secretary to the San Rafael Successor Agency, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Successor Agency to the Redevelopment Agency of the City of San Rafael, held on Monday, the 19th day of October, 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
____________________________
Lindsay Lara, City Clerk