HomeMy WebLinkAboutSA Insufficient Fund NoticeSAN RAFAEL
SUCCESSOR
AGENCY
AGENDA ITEM NO.: 7. a
MEETING DATE: November 17, 2014
AGENDA REPORT
Department: Economic Development
Prepared by: Stephanie Lovette
Economic Development Manager
r`
Executive Director Approval:��
SUBJECT: Resolution of the Successor Agency to Authorize the transmission of Insufficient Fund
Notice Pursuant to - Health & Safety Code § 341$3. (B) to the Marin County Auditor -Controller
RECOIMIMENDATION: Authorize the transmission of an insufficient funds notice.
BACKGROUND: On January 3, 2012, the City Council of the City of San Rafael (the "City Council")
adopted a resolution accepting for the City the role of successor agency (the "Successor Agency") to the
Redevelopment Agency of the City of San Rafael (the "Redevelopment Agency"). An oversight board
(the "Oversight Board"), consisting of members representing the County, the City, and various education
and special districts, was formed to approve and direct certain actions of the Successor Agency. The
actions of the Oversight Board must be approved by the California Department of Finance.
Successor Agency staff is required to prepare a Recognized Obligation Payment Schedule ("ROPS") and
an administrative budget every six months for Oversight Board approval. The ROPS must include all
Agency obligations for the subsequent six-month period. The Oversight Board and California
Department of Finance have approved all ROPS submitted by the San Rafael Successor Agency. ROPS
14-15B was approved by the Oversight Board and California State Department of Finance.
The ROPS process also includes a reconciliation of previous ROPS and actual Agency payments. The
CA Department of Finance has taken the position that approved ROPS payments to successor agencies
will be reduced by the funds that the Agency has received and not yet paid for approved obligations from
previous RODS.
FOR AGENCY SECRETARY ONLY
File No.: f�5t)
Agency Meeting: (A -c
Disposition: i' L( R6VIV ,2C(4, -CS—
Page 2 of 2
ANALYSIS: 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 BOPS and on
January 2 for the January -June BOPS.
The County of Marin follows a different schedule. The County provides the Agency funds for the
Agency bond payments every November and May. The County provides the Agency with the funds for
the remaining approved obligations from both BOPS A and B on June 1.
To date, the Marin County Auditor -Controller's payment system has not negatively impacted the Agency,
because the Agency had enough cash on hand to pay bills that came due during the interim period. Marin
County's payment system may become problematic in the future due to the State's requirement that
successor agency's expend all cash on a six month basis instead of the annual period used by Marin
County.
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 an approved RODS.
Once this Notice is verified by the County and the CA Department of Finance, the County is ordered to
release funds to the successor agency prior to releasing funds to any other taxing agency.
Health & Safety Code § 34183. (B) requires these notices be filed no later than December 1 and May 1 of
each year. Agency counsel has advised the Agency to file this notice because the Marin County Auditor -
Controller is not paying the San Rafael Successor Agency in a timely manner.
FISCAL IMPACT: There is no fiscal impact from filing the Notice.
• Adopt the Resolution.
• Modify the Resolution.
• Request further information.
• Reject the staff recommendation.
ACTION REQUIRED: Adopt the Resolution.
RESOLUTION NO. 2014-05
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 xl 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 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(l) (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 34177(j), respectively; and
WHEREAS, the Oversight Board and California Department of Finance have approved
all ROPS submitted by the Successor Agency; and
WHEREAS, the Oversight Board has approved the 14-15B ROPS submitted by the
Successor Agency for the period of January -June 2015 and the ROPS 14-15B was approved by
California Department of Finance on November 4, 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 § 34-183. (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 17th day of November 2014, by the following vote, to
wit:
AYES: Members: Bushey, Colin, McCullough & Mayor Phillips
NOES: Members: None
ABSENT: Members: Connolly
Esther C. Beirne, Agency Secretary
CITY OF SAN RAFAEL
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AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCII
Successor / SRCC AGENDA ITEM NO.
DATE OF MEETING: 11/17/2014
FROM: Stephanie Lovette
D'TE: November 1i i
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RESOLUTION OF THE SAN RAFAEL SUCCESSOR AGENCY TO AUTHORIZE THE
TRANSMISSION OF INSUFFICIENT FUND NOTICE PURSUANT TO - HEALTH &
SAFETY CODE § 341.83.(B) TO THE MARIN COUNTY AUDITOR -CONTROLLER
Dep riment Nea signature)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
City Manager signature)
FAINNIM
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City Attorney (signature