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SR 05-09-2017 3A Public Financing Authority Report City Council Meeting : May 9, 2017 Agenda Item: 3.A 1 of 3 To: Public Financing Authority From: Gigi Decavalles -Hughes, Director , Finance Department Subject: Resolution of the Santa Monica Public Financing Authority Establishing Regular Meeting Dates Recommended Action Staff recommends that the Santa Monica Pub lic Financing Authority: 1. Adopt the attached Authority Resolution to establish the regular meetings of the Authorit y to be the same dates on which City Council meets; and 2. Authorize the officers of the Authority to take all actions necessary to implement th e purpose of the Resolution. Executive Summary Effective January 1, 2010, Section 6592.1 was added to the California Government Code requiring that “A resolution authorizing bonds or any issuance of bonds or accepting the benefit of any bonds or the proce eds of bonds shall be adopted by an authority only during a regular meeting he ld pursuant to Section 54954.” On May 10, 2011 , the Board of Directors (the Board) of the Santa Monica Public Financing Authority (the Authority) established a regular meeting t o be held on the fourth Tuesday of every May on the same date and time as a regular meeting of the City Council of the City. On October 11, 2011 , the Board established a second regularly scheduled meeting to be held on the fourth Tuesday of October. Staf f recommends changing the meeting date s to be the same dates on which the City Council meets. This meeting schedule revision will allow the Authority to authorize bond issuance at a regularly scheduled meeting and thus meet the requirements of Section 659 2.1 of the California Government Code. However, i f an agenda for any regular meeting of the Board is not posted at least 72 hours before the meeting, the meeting will be deemed cancelled. Background On July 25, 1995 , as authorized by Resolution No. 8923(CCS), the Santa Monica Public Financing Authority was organized pursuant to applicable provisions of the California Government Code Section 6500 et seq., and a Joint Exercise of Powers Agreement, dated July 25, 1995, by and between the City and the Redevel opment Agency of the 2 of 3 City of Santa Monica. The purpose of the Authority is to provide financing for its members or other local public agencies in connection with the acquisition, construction and improvement of public capital improvements, working capital requirements , or liability or other insurance needs of its m embers or other local agencies. The Redevelopment Dissolution Law (at Health & Safety Section 34178 (b)(3)) specifically provides that joint powers agreements in which the former Redevelopment Ag ency is a member of the joint powers authority (JPA) remain valid and bind the successor agency, subject to the constraints on the successor agency under the Redevelopment Dissolution Law, which effectively means that the JPA cannot use its authority to us e tax increment as a means of financing and that action by the Successor Agency to the Redevelopment Agency, such as its approval of an amendment to the joint powers agreement, is subject to the terms of Redevelopment Dissolution Law. The current recommen ded actions, however, are not constrained by the Redevelopment Dissolution Law. Therefore, no action is required by the Successor Agency as a condition to the recommended actions. Discussion Effective January 1, 2010, Section 6592.1 was added to the Cali fornia Government Code requiring that “A resolution authorizing bonds or any issuance of bonds or accepting the benefit of any bonds or the proceeds of bonds shall be adopted by an authority only during a regular meeting held pursuant to Section 54954.” S ection 3.04 of the current Joint Exercise of Powers Agreement provides that “if the Board decides to hold regular meetings, such regular meetings shall be held at such time as the Board of Directors may fix by resolution from time to time.” The attached R esolution sets the date and time of the Authority’s regular meeting to be the same dates on which the City Council meets. If an agenda for any regular meeting of the Board is not posted at least 72 hours before the meeting, the meeting will be deemed canc elled. This change will eliminate the need for the Board to continue to adopt resolutions to adjust meeting dates to meet each specific bond financing schedule. Financial Impacts and Budget Actions 3 of 3 This Resolution establishes the regular meeting dates of the Santa Monica Public Financing Authority and has no budget/ financial impact. Prepared By: David Carr, Assistant City Treasurer Approved Forwarded to Council Attachments: A. Financing Authority Resolution B. May 10, 2011 Staff Report C. October 11, 2011 Staff Report D. July 25, 1995 City Council Agenda REFERENCE:    Resolution  NO. 12  (PFA)