HomeMy WebLinkAboutSA Resolution 2014-05 (Insufficeint Funds)RESOLUTION NO. 2014-05
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WHEREAS, the California state legislature enacted Assembly Bill xl 26 (the
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"Dissolution Act") to dissolve redevelopment agencies formed under the Community
Redevelopment Law (Health and Safety Code Section 33000 et se .); 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 Sall
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
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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
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"Oversight Board") with specific duties to approve certain Successor Agency actions pursuant to
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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)
C)
and 34177(j), respectively; and
WHEREAS, the Oversight Board and California Department of Finance have approved
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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
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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 I 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
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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 BOPS. Health & Safety Code § 34183. (B) requires these notices be
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filed no later than December I and May I of each year; and
WHEREAS, because the Marin County Auditor -Controller is not paying the San Rafael
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Successor Agency in a timely manner, the Agency has been advised by legal counsel to file the
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insufficient funds notice pursuant to Health & Safety Code § 34183. (B).
NOW, THEREFORE, BE IT RESOLVED that the City Council, acting as the Governing
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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.
1, 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
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Successor Agency, held on Monday, the 17th day of November 2014, by the following vote, to
wit:
AYES: Members: Bushey, Colin, McCullough & Mayor Phillips
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NOES: Members: None
ABSENT: Members: Connolly
Esther C. Beirne, Agency Secretary