HomeMy WebLinkAboutSA Resolution 2013-06 (Transmission of Insufficient Funds)RESOLUTION NO. 2013-06
RESOLUTION OF THE SAN RAFAEL SUCCESSOR AGENCY TO AUTHORIZE THE
TRANSMISSION OF INSUFFICIENT FUND NOTICE PURSUANT TO - HEALTH &
SAFETY CODE § 34183.(B) TO THE MARIN COUNTY AUDITOR -CONTROLLER
WHEREAS, the California state legislature enacted Assembly Bill s 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 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, the Successor Agency has prepared recognized obligation payment schedule
(the "ROPS") and made associated notifications and distributions pursuant to Health and Safety
Code Section 34177(1) (2) (A); 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 and California Department of Finance have approved
all ROPS submitted by the Successor Agency, including ROPS 13-14 A covering the period of
July -December 2013 and ROPS 13-14 B covering the period of January -June 2014; and
WHEREAS, Health and Safety Code Section 34183 directs local County Auditor -
Controllers to release funds to successor agencies on June 1 to fund obligations approved on the
July -December ROPS and on January 2 for the January -June ROPS; and
WHEREAS, the Marin County Auditor -Controller has not released funds to the San
Rafael Successor Agency on the statutory dates; and
WHEREAS, Health & Safety Code § 34183. (B) provides a mechanism for successor
agencies to notify the County Auditor -Controller if the agency has insufficient funds to meet the
obligations on the approved ROPS. Health & Safety Code § 34183. (B) requires these notices be
filed no later than December 1 and May 1 of each year; and
WHEREAS, because the Marin County Auditor -Controller is not paying the San Rafael
Successor Agency in a timely manner, the Agency has been advised by legal counsel to file the
insufficient funds notice pursuant to Health & Safety Code § 34183. (B).
NOW, THEREFORE, BE IT RESOLVED that the City Council, acting as the Governing
Board of the Successor Agency, hereby authorizes staff to transmit a Notice of Insufficient
Funds pursuant to Health & Safety Code § 34183.(B) to the Marin County Auditor -Controller by
December 1.
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon
adoption.
I, Esther C. Beirne, Secretary to the Successor Agency, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael
Successor Agency, held on Monday, the eighteenth day of November 2013, by the following
vote, to wit:
AYES: Members: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: Members: None
ABSENT: Members: None
Esther C. Beirne, Agency Secretary