HomeMy WebLinkAboutAG RPTS 2012 1030 OB SPC Resolution No. OB-2012-26
NOTICE AND CALL OF A SPECIAL MEETING
OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
NOTICE IS HEREBY GIVEN that a Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency of the City Moorpark is hereby called to
be held on Tuesday, October 30, 2012, commencing at 3:30 p.m. Said meeting will
convene in the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark,
California.
Said Special Meeting shall be for the purpose of considering the following:
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PUBLIC COMMENT:
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
(Pursuant to Oversight Board Rules of Procedure,Section 2.9,Items to be withdrawn from the
Consent Calendar shall be identified at this time.)
All writings and documents provided to the majority of the Board Members regarding all open-session agenda
items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during
regular business hours. Agenda packets for Oversight Board meetings are also available on the City's website
at www.ci.moorgark.ca.us.
Any member of the public may address the Board during the Public Comments portion of the Agenda,unless it is
a Presentation/Action/Discussion item. Speakers who wish to address the Board concerning a
Presentations/Action/Discussion item must do so during the Presentations/Action/Discussion portion of the
Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the
beginning of the Public Comments portion of the meeting;and for a Presentation/Action/Discussion item,and
prior to the Chairperson's call for speaker cards for each Presentation/Action/Discussion agenda item. A
limitation of three minutes shall be imposed upon each Public Comment and Presentation/Action/Discussion
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for
Presentation/Action/Discussion items. Any questions concerning any agenda item may be directed to the City
Clerk's office at 517-6223.
Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency of the
City of Moorpark
October 30, 2012
Page 2
6. PRESENTATION/ACTION/DISCUSSION:
A. Consider Resolution Approving Independent Accountant's Report on
Applying Agreed-Upon Procedures for Due Diligence Review Pursuant to
Health and Safety Code Section 34179.5 for the Low and Moderate Income
Housing Fund. Staff Recommendation: Adopt Resolution No. OB-2012-_.
(Staff: Ron Ahlers)
7. CONSENT CALENDAR:
A. Consider Resolution Approving Minutes of Regular Meeting of October 16,
2012. Staff Recommendation: Adopt Resolution No. OB-2012-_.
B. Consider Resolution to Receive and File the Status Update on Recognized
Obligation Payment Schedule (ROPS) Submittals to the State of California
Department of Finance. Staff Recommendation: Adopt Resolution No. 06-
2012-_. (Staff: Ron Ahlers)
C. Consider Resolution Receiving Independent Accountant's Report on
Applying Agreed-Upon Procedures Pursuant to ABx1 26, Community
Redevelopment Dissolution. Staff Recommendation: Adopt Resolution No.
OB-2012-_. (Staff: Ron Ahlers)
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. Announcements.
B. Future Agenda Items.
9. ADJOURNMENT:
. Dated: October 25, 2012
Maureen Benson, City Clerk
In compliance with the Americans with Disabilities Act,if you need special assistance to review an agenda or participate in this
meeting,including auxiliary aids or services, please contact the City Clerk's Division at(805)517-6223. Upon request,the
agenda can be made available in appropriate alternative formats to persons with a disability.Upon advance notification of the
need for disability-related modification or accommodation, reasonable arrangements will be made by City staff to provide
accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II).
Special Meeting of the Oversight Board to the
Successor Agency of the Redevelopment Agency of the
City of Moorpark
October 30, 2012
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Maureen Benson, declare as follows:
That I am the City Clerk of the City of Moorpark and that a notice for a Special Meeting of
Oversight Board to the Successor Agency of the Redevelopment Agency of the City of
Moorpark to be held Tuesday, October 30, 2012, at 3:30 p.m. in the Council Chambers of
the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California,was posted
on October 25, 2012, at a conspicuous place at the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 25, 2012.
Maureen Benson, City Clerk
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of /0-30 -a o ITEM 6.A.
ACTION:
BY: (-t .
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to the Successor Agency
FROM: Ron Ahlers, Finance Director a�_
DATE: October 22, 2012 (Oversight Board Special Meeting October 30, 2012)
SUBJECT: Consider Resolution Approving Independent Accountant's Report on
Applying Agreed-Upon Procedures for Due Diligence Review
Pursuant to Health and Safety Code Section 34179.5 for the Low and
Moderate Income Housing Fund
SUMMARY
AB 1484, signed by the Governor on June 27, 2012, requires that by October 1, 2012
the Successor Agency shall submit a due diligence review of the Low and Moderate
Housing Fund to the Oversight Board, the County Auditor-Controller, the Controller, and
the Department of Finance. A due diligence review of all the other funds is required by
December 15, 2012. At its regularly scheduled meeting on October 16, 2012, the
Oversight Board received the Independent Accountant's Report on Applying Agreed-
Upon Procedures for Due Diligence Review Pursuant to Health and Safety Code
Section 34179.5 for the Low and Moderate Income Housing Fund from Rogers,
Anderson, Malody & Scott, LLP (RAMS). The Oversight Board held a public comment
session on this report at its regularly scheduled meeting on October 16, 2012.
Staff is requesting the Oversight Board consider the attached Resolution to approve
Independent Accountant's Report on Applying Agreed-Upon Procedures for Due
Diligence Review Pursuant to Health and Safety Code Section 34179.5 for the Low and
Moderate Income Housing Fund.
DISCUSSION
The attached report is only for the Low and Moderate Income Housing Fund of the
former Redevelopment Agency of the City of Moorpark (Agency). The report notes no
issues and states:
1
Oversight Board to the Successor Agency
October 30, 2012
Page 2
According to the Successor Agency Officials, no assets from the Low and
Moderate Income Housing Fund were transferred to the Successor
Agency as of February 1, 2012. All assets of the former redevelopment
agency's Low and Moderate Income Housing Fund were transferred to the
City of Moorpark as the Housing Successor since those assets qualified
as Housing Assets in accordance to H&S Code Section 34176 (e).
Below is the Government Code Section relating to the due diligence review noting the
applicable dates of completion, submission of the reports, and the funds.
Government Code Section 34179.6 states:
SEC. 18. Section 34179.6 is added to the Health and Safety Code, to
read:
34179.6. The review required pursuant to Section 34179.5 shall be
submitted to the oversight board for review. The successor agency shall
submit a copy of the Recognized Obligation Payment Schedule to the
county administrative officer, the county auditor-controller, and the
Department of Finance at the same time that the successor agency
submits the review to the oversight board for review.
(a) By October 1, 2012, each successor agency shall provide to the
oversight board, the county auditor-controller, the Controller, and the
Department of Finance the results of the review conducted pursuant to
Section 34179.5 for the Low and Moderate Income Housing Fund and
specifically the amount of cash and cash equivalents determined to be
available for allocation to taxing entities. By December 15, 2012, each
successor agency shall provide to the oversight board, the county auditor-
controller, the Controller, and the department the results of the review
conducted pursuant to Section 34179.5 for all of the other fund and
account balances and specifically the amount of cash and cash
equivalents determined to be available for allocation to taxing entities. The
department may request any supporting documentation and review results
to assist in its review under subdivision (d). The department may specify
the form and manner information about the review shall be provided to it.
(b) Upon receipt of the review, the oversight board shall convene a
public comment session to take place at least five business days
before the oversight board holds the approval vote specified in
subdivision (c). The oversight board also shall consider any opinions
offered by the county auditor-controller on the review results submitted by
the successor agencies.
2
Oversight Board to the Successor Agency
October 30, 2012
Page 3
(c) By October 15, 2012, for the Low and Moderate Income Housing Fund
and by January 15, 2013, for all other funds and accounts, the oversight
board shall review, approve, and transmit to the department and the
county auditor-controller the determination of the amount of cash
and cash equivalents that are available for disbursement to taxing
entities as determined according to the method provided in Section
34179.5. The oversight board may adjust any amount provided in the
review to reflect additional information and analysis. The review and
approval shall occur in public sessions. The oversight board may request
from the successor agency any materials it deems necessary to assist in
its review and approval of the determination. The oversight board shall be
empowered to authorize a successor agency to retain assets or funds
identified in subparagraphs (B) to (E), inclusive, of paragraph (5) of
subdivision (c) of Section 34179.5. An oversight board that makes that
authorization also shall identify to the department the amount of funds
authorized for retention, the source of those funds, and the purposes for
which those funds are being retained. The determination and authorization
to retain funds and assets shall be subject to the review and approval of
the department pursuant to subdivision (d).
(d) The department may adjust any amount associated with the
determination of the resulting amount described in paragraph (6) of
subdivision (c) of Section 34179.5 based on its analysis and information
provided by the successor agency and others. The department shall
consider any findings or opinions of the county auditor-controllers and the
Controller. The department shall complete its review of the determinations
provided pursuant to subdivision (c) no later than November 9, 2012, for
the Low and Moderate Income Housing Fund and also shall notify the
oversight board and the successor agency of its decision to overturn any
decision of the oversight board to authorize a successor agency to retain
assets or funds made pursuant to subdivision (c). The department shall
complete its review of the determinations provided pursuant to subdivision
(c) no later than April 1, 2013, for the other funds and accounts and also
shall notify the oversight board and the successor agency of its decision to
overturn any oversight board authorizations made pursuant to subdivision
(c). The department shall provide the oversight board and the successor
agency an explanation of its basis for overturning or modifying any
findings, determinations, or authorizations of the oversight board made
pursuant to subdivision (c).
(e) The successor agency and the entity or entities that created the former
redevelopment agency may request to meet and confer with the
department to resolve any disputes regarding the amounts or sources of
funds identified as determined by the department. The request shall be
made within five business days of the transmission, and no later than
3
Oversight Board to the Successor Agency
October 30, 2012
Page 4
November 16, 2012, for the determination regarding the Low and
Moderate Income Housing Fund, to the successor agency or the
designated local authority of the department's determination, decisions,
and explanations and shall be accompanied by an explanation and
documentation of the basis of the dispute. The department shall meet and
confer with the requesting party and modify its determinations and
decisions accordingly. The department shall either confirm or modify its
determinations and decisions within 30 days of the request to meet and
confer.
(f) Each successor agency shall transmit to the county auditor-controller
the amount of funds required pursuant to the determination of the
department within five working days of receipt of the notification under
subdivision (c) or (e) if a meet and confer request is made. Successor
agencies shall make diligent efforts to recover any money determined to
have been transferred without an enforceable obligation as described in
paragraphs (2) and (3) of subdivision (c) of Section 34179.5. The
department shall notify the county auditor-controllers of its actions and the
county auditor-controllers shall disburse the funds received from
successor agencies to taxing entities pursuant to Section 34188 within five
working days of receipt. Amounts received after November 28, 2012, and
April 10, 2013, may be held and disbursed with the regular payments to
taxing entities pursuant to Section 34183.
(g) By December 1, 2012, the county auditor-controller shall provide the
department a report specifying the amount submitted by each successor
agency pursuant to subdivision (d) for low- and moderate-income housing
funds, and specifically noting those successor agencies that failed to remit
the full required amount. By April 20, 2013, the county auditor-controller
shall provide the department a report detailing the amount submitted by
each successor agency pursuant to subdivision (d) for all other funds and
accounts, and specifically noting those successor agencies that failed to
remit the full required amount.
(h) If a successor agency fails to remit to the county auditor-controller the
sums identified in subdivisions (d) and (f), by the deadlines specified in
those subdivisions, the following remedies are available:
(1) (A) If the successor agency cannot promptly recover the funds that
have been transferred to another public agency without an enforceable
obligation as described in paragraphs (2) and (3) of subdivision (c) of
Section 34179.5, the funds may be recovered through an offset of sales
and use tax or property tax allocations to the local agency to which the
funds were transferred. To recover such funds, the Department of Finance
may order the State Board of Equalization to make an offset pursuant to
subdivision (a) of Section 34179.8. If the Department of Finance does not
4
Oversight Board to the Successor Agency
October 30, 2012
Page 5
order a sales tax offset, the county auditor-controller may reduce the
property tax allocations to any local agency in the county that fails to repay
funds pursuant to subdivision (c) of Section 34179.8.
(B) The county auditor-controller and the department shall each have the
authority to demand the return of funds improperly spent or transferred to
a private person or other private entity. If funds are not repaid within 60
days, they may be recovered through any lawful means of collection and
are subject to a ten percent penalty plus interest at the rate charged for
late personal income tax payments from the date the improper payment
was made to the date the money is repaid.
(C) If the city, county, or city and county that created the former
redevelopment agency is also performing the duties of the successor
agency, the Department of Finance may order an offset to the distribution
provided to the sales and use tax revenue to that agency pursuant to
subdivision (a) of Section 34179.8. This offset shall be equal to the
amount the successor fails to remit pursuant to subdivision (f). If the
Department of Finance does not order a sales tax offset, the county
auditor-controller may reduce the property tax allocations of the city,
county, or city and county that created the former redevelopment agency
pursuant to subdivision (c) of Section 34179.8.
(D) The department and the county auditor-controller shall coordinate their
actions undertaken pursuant to this paragraph.
(2) Alternatively or in addition to the remedies provided in paragraph (1),
the department may direct the county auditor-controller to deduct the
unpaid amount from future allocations of property tax to the successor
agency under Section 34183 until the amount of payment required
pursuant to subdivision (d) is accomplished.
(3) If the Department of Finance determines that payment of the full
amount required under subdivision (d) is not currently feasible or would
jeopardize the ability of the successor agency to pay enforceable
obligations in a timely manner, it may agree to an installment payment
plan.
(i) (1) If a legal action contesting a withholding effectuated by the State
Board of Equalization pursuant to subparagraphs (B), (C), or (B) and (C)
of paragraph (2) of subdivision (b) of Section 34183.5 is successful and
results in a final judicial determination, the court shall order the state to
pay to the prevailing party a penalty equal to a percentage of the amount
of funds found by the court to be improperly withheld, as provided in
Section 34179.8. This percentage shall be equivalent to the number of
months the funds have been found by the court to be improperly withheld,
not to exceed 10 percent.
(2) If a legal action contesting an offset effectuated by the State Board of
Equalization or the county auditor-controller pursuant to subdivision (h) is
successful and results in a final judicial determination, the court shall order
the state or the county auditor-controller to pay to the prevailing party a
5
Oversight Board to the Successor Agency
October 30, 2012
Page 6
penalty equal to 10 percent of the amount of funds found by the court to
be improperly offset, as provided in Section 34179.8.
(j) If a legal challenge to invalidate any provision in subdivision (h) or
subparagraph (B) or (C), or subparagraphs (B) and (C) of paragraph (2) of
subdivision (b) of Section 34183.5 is successful and results in a final
judicial determination, the invalidated provision shall become inoperative
and subdivision (i) shall become inoperative with respect to the invalidated
provision.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Adopt Resolution No. OB-2012- , approving the report.
Attachments:
1. Resolution No. 06-2012-
2. Independent Accountant's Report on Applying Agreed-Upon Procedures for Due
Diligence Review Pursuant to Health and Safety Code Section 34179.5 for the
Low and Moderate Income Housing Fund
6
Attachment 1
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE SPECIAL
MEETING OF OCTOBER 30, 2012, APPROVING INDEPENDENT
ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON
PROCEDURES FOR DUE DILIGENCE REVIEW PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34179.5 FOR THE LOW
AND MODERATE INCOME HOUSING FUND
WHEREAS, Section 34179 (e) of the Health and Safety requires all actions taken
by the Oversight Board of the Successor Agency of the Redevelopment Agency of the
City of Moorpark be adopted by resolution; and
WHEREAS, on October 16, 2012 the Oversight Board conducted a public
comment session on the Independent Accountant's Report on Applying Agreed-Upon
Procedures for Due Diligence Review Pursuant to Health and Safety Code Section
34179.5 for the Low and Moderate Income Housing Fund and set October 30, 2012 at
3:30 pm as the date to consider approval of said report; and
WHEREAS, on October 30, 2012 the Independent Accountant's Report on
Applying Agreed-Upon Procedures for Due Diligence Review Pursuant to Health and
Safety Code Section 34179.5 for the Low and Moderate Income Housing Fund was
considered by the Oversight Board for approval (Agenda Item 6.A.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Independent Accountant's Report on Applying Agreed-Upon
Procedures for Due Diligence Review Pursuant to Health and Safety Code Section
34179.5 for the Low and Moderate Income Housing Fund is hereby approved,
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
7
PASSED AND ADOPTED this 30th day of October, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
8
ATTACHMENT 2
PURSUANT TO THE STATE OF CALIFORNIA
HEALTH AND SAFETY CODE SECTION 34179.5
CITY OF MOORPARK AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
INDEPENDENT ACCOUNTANT'S REPORT
ON APPLYING AGREED-UPON PROCEDURES
9
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES
TABLE OF CONTENTS
Independent Accountant's Report on Applying Agreed-Upon Procedures.....................................................................1
Attachment A:Agreed-Upon Procedures .......................................................................................................................2
Attachment2.A .............................................................................................................................................................16
i
10
on ROGERS,ANDERSON, MALODY& SCOTT, LLP
®® CERTIFIED PUBLIC ACCOUNTANTS,SINCE (948
7335 E.Carnegie Dr. Suite loo Oversight Board of the Successor Agency for the
San Bernardino,CA 92408 Redevelopment Agency of the City of Moorpark
909 889 0871 T
909 889 5361 F 799 Moorpark Ave.
,an,Scaa„et Moorpark, CA 93021
INDEPENDENT ACCOUNTANT'S REPORT
ON APPLYING AGREED-UPON PROCEDURES
t'r; c. .'n
' We have performed the minimum required agreed-upon procedures enumerated in
Attachment"A", which were agreed to by the Oversight Board of the Successor Agency
_ef<r,t for the Redevelopment Agency of the City of Moorpark, the California State Controller's
,i Iin , ,i>e, .< ,;1r«, =,; Office and the State of California Department of Finance (Agencies) solely to assist you
to determine the Low and Moderate Income Housing Fund unobligated balances
'A;-P available for transfer to taxing entities complying with statutory requirements pursuant
to the California Health and Safety Code section 34179.5. Management of the
rFA i1' Successor Agency is responsible for the accounting records pertaining to statutory
compliance pursuant to Health and Safety Code section 34182(a)(1).
CPA, A
.1° 1 This agreed-upon procedures engagement was conducted in accordance with
? -1 attestation standards established by the American Institute of Certified Public
Accountants. The sufficiency of these procedures is solely the responsibility of those
parties specified in the report. Consequently, we make no representation regarding the
sufficiency of the procedures described below either for the purpose for which this
report has been requested or for any other purpose.
The scope of this engagement was limited to performing the minimum required agreed-
upon procedures as set forth in Attachment"A" along with the findings noted as a result
of the procedures performed.
We were not engaged to and did not conduct an audit, the objective of which would be
the expression of an opinion as to the appropriateness of the results summarized after
each procedure in Attachment "A". Accordingly, we do not express such an opinion.
Had we performed additional procedures, other matters might have come to our
attention that would have been reported to you.
This report is intended solely for the information and use of the applicable Agencies,
and is not intended to be, and should not be used by anyone other than these specified
parties. This restriction is not intended to limit distribution of this report, which is a
matter of public record.
/��r tai Ct'nrle to oti cilocty z 1!�C07r L L16
October 10, 2012
STABILITY, ACCURACY, TRUST. 11
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Purpose: To determine the unobligated balances available for transfer to taxing entities of the Low and
Moderate Income Housing Fund. [Health and Safety Code section 34179.5]
Citation: 34179.5(c)(1) The dollar value of assets transferred from the former redevelopment agency to the
successor agency on or about February 1, 2012.
1. Obtain from the Successor Agency a listing of all assets that were transferred from the former
redevelopment agency to the Successor Agency on February 1, 2012. Agree the amounts on this listing to
account balances established in the accounting records of the Successor Agency. Identify in the Agreed-Upon
Procedures(AUP) report the amount of the assets transferred to the Successor Agency as of that date.
Results:
According to the Successor Agency Officials, no assets from the Low and Moderate Income Housing Fund
were transferred to the Successor Agency as of February 1, 2012. All assets of the former redevelopment
agency's Low and Moderate Income Housing Fund were transferred to the City of Moorpark as the Housing
Successor since those assets qualified as Housing Assets in accordance to H&S Code Section 34176(e).
2
12
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(2) The dollar value of assets and cash and cash equivalents transferred after January 1,
2011, through June 30, 2012, by the redevelopment agency or the successor agency to the city, county, or city
and county that formed the redevelopment agency and the purpose of each transfer. The review shall provide
documentation of any enforceable obligation that required the transfer.
2. If the State Controller's Office has completed its review of transfers required under both Sections 34167.5
and 34178.8 and issued its report regarding such review, attach a copy of that report as an exhibit to the AUP
report. If this has not yet occurred, perform the following procedures:
A. Obtain a listing prepared by the Successor Agency of transfers (excluding payments for goods and
services) from the former redevelopment agency to the city, county, or city and county that formed
the redevelopment agency for the period from January 1, 2011 through January 31, 2012. For
each transfer, the Successor Agency should describe the purpose of the transfer and describe in
what sense the transfer was required by one of the Agency's enforceable obligations or other legal
requirements. Provide this listing as an attachment to the AUP report.
Results:
We obtained a listing, prepared by the Successor Agency, of transfers (excluding payments for
goods and services) from the former redevelopment agency to the city, county, or city and county
that formed the redevelopment agency for the period from January 1, 2011 through January 31,
2012. For each transfer, the Successor Agency described the purpose of the transfer and
described in what sense the transfer was required by one of the Successor Agency's enforceable
obligations or other legal requirements.
See Attachment 2.A for listing of transfers prepared by the Successor Agency.
B. Obtain a listing prepared by the Successor Agency of transfers (excluding payments for goods and
services) from the Successor Agency to the city, county, or city and county that formed the
redevelopment agency for the period from February 1, 2012 through June 30, 2012. For each
transfer, the Successor Agency should describe the purpose of the transfer and describe in what
sense the transfer was required by one of the Agency's enforceable obligations or other legal
requirements. Provide this listing as an attachment to the AUP report.
Results:
According to Successor Agency Officials, there were no assets transferred from the Successor
Agency to the City or County for the period from February 1, 2012 through June 30, 2012. The
Successor Agency did not receive any assets from the Low and Moderate Income Housing Fund
of the former redevelopment agency.
C. For each transfer, obtain the legal document that formed the basis for the enforceable obligation
that required any transfer. Note in the AUP report the absence of any such legal document or the
absence of language in the document that required the transfer.
Results:
See Attachment 2.A for results of this section.
3
13
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(3) The dollar value of any cash or cash equivalents transferred after January 1, 2011,
through June 30, 2012, by the redevelopment agency or the successor agency to any other public agency or
private party and the purpose of each transfer. The review shall provide documentation of any enforceable
obligation that required the transfer.
3. If the State Controller's Office has completed its review of transfers required under both Sections 34167.5
and 34178.8 and issued its report regarding such review, attach a copy of that report as an exhibit to the AUP
report. If this has not yet occurred, perform the following procedures:
A. Obtain a listing prepared by the Successor Agency of transfers (excluding payments for goods and
services) from the former redevelopment agency to any other public agency or to private parties
for the period from January 1, 2011 through January 31, 2012. For each transfer, the Successor
Agency should describe the purpose of the transfer and describe in what sense the transfer was
required by one of the Agency's enforceable obligations or other legal requirements. Provide this
listing as an attachment to the AUP report.
Results:
According to Successor Agency Officials, there were no assets of the Low and Moderate Income
Housing Fund transferred from the former redevelopment agency to any other public agency or to
private parties for the period from January 1, 2011 through January 31, 2012.
B. Obtain a listing prepared by the Successor Agency of transfers (excluding payments for goods and
services) from the Successor Agency to any other public agency or private parties for the period
from February 1, 2012 through June 30, 2012. For each transfer, the Successor Agency should
describe the purpose of the transfer and describe in what sense the transfer was required by one
of the Agency's enforceable obligations or other legal requirements. Provide this listing as an
attachment to the AUP report.
Results:
According to Successor Agency Officials, there were no assets transferred from the Successor
Agency to any other public agency or to private parties for the period from February 1, 2012
through June 30, 2012.
C. For each transfer, obtain the legal document that formed the basis for the enforceable obligation
that required any transfer. Note in the AUP report the absence of any such legal document or the
absence of language in the document that required the transfer.
Results:
Procedure not performed since the Successor Agency did not identify any transfers to other public
agencies or private parties for the period from January 1, 2011 through June 30, 2012.
4
14
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(4) The review shall provide expenditure and revenue accounting information and identify
transfers and funding sources for the 2010-11 and 2011-12 fiscal years that reconciles balances, assets, and
liabilities of the successor agency on June 30, 2012 to those reported to the Controller for the 2009-10 fiscal
year.
4. Perform the following procedures:
A. Obtain from the Successor Agency a summary of the financial transactions of the Redevelopment
Agency and the Successor Agency in the format set forth in the attached schedule for the fiscal
periods indicated in the schedule. For purposes of this summary, the financial transactions should
be presented using the modified accrual basis of accounting. End of year balances for capital
assets (in total) and long-term liabilities (in total) should be presented at the bottom of this
summary schedule for information purposes.
B. Ascertain that for each period presented the total of revenues, expenditures, and transfers
accounts fully for the changes in equity from the previous fiscal period.
C. Compare amounts in the schedule relevant to the fiscal year ended June 30, 2010 to the state
controller's report filed for the Redevelopment Agency for that period.
D. Compare amounts in the schedule for the other fiscal periods presented to account balances in
the accounting records or other supporting schedules. Describe in the report the type of support
provided for each fiscal period.
Results:
Procedure 4 pertains to the Successor Agency as a whole, these procedures are to be addressed and
presented in the report due on December 15, 2012.
5
15
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(5)A separate accounting for the balance for the Low and Moderate Income Housing Fund
for all other funds and accounts combined shall be made as follows:
(A)A statement of the total value of each fund as of June 30, 2012.
5. Obtain from the Successor Agency a listing of all assets of the Low and Moderate Income Housing Fund as
of June 30, 2012 for the report that is due October 1, 2012 and a listing of all assets of all other funds of the
Successor Agency as of June 30, 2012 (excluding the previously reported assets of the Low and Moderate
Income Housing Fund) for the report that is due December 15, 2012. When this procedure is applied to the
Low and Moderate Income Housing Fund, the schedule attached as an exhibit will include only those assets of
the Low and Moderate Income Housing Fund that were held by the Successor Agency as of June 30, 2012
and will exclude all assets held by the entity that assumed the housing function previously performed by the
former redevelopment agency. Agree the assets so listed to recorded balances reflected in the accounting
records of the Successor Agency.The listings should be attached as an exhibit to the appropriate AUP report.
Results:
According to Successor Agency Officials, there were no assets transferred from the Low and Moderate Income
Housing Fund of the former redevelopment agency to the Successor Agency on February 1, 2012.All assets of
the former redevelopment agency's Low-Mod Income Housing Fund were transferred to the City of Moorpark
as the Housing Successor.
6
16
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(5)(B) An itemized statement listing any amounts that are legally restricted as to purpose
and cannot be provided to taxing entities. This could include the proceeds of any bonds, grant funds, or funds
provided by other governmental entities that place conditions on their use.
6. Obtain from the Successor Agency a listing of asset balances held on June 30, 2012 that are restricted for
the following purposes:
A. Unspent bond proceeds:
i. Obtain the Successor Agency's computation of the restricted balances (e.g., total proceeds less
eligible project expenditures, amounts set aside for debt service payments, etc.)
ii. Trace individual components of this computation to related account balances in the accounting
records, or to other supporting documentation (specify in the AUP report a description of such
documentation).
iii. Obtain from the Successor Agency a copy of the legal document that sets forth the restriction
pertaining to these balances. Note in the AUP report the absence of language restricting the use of
the balances that were identified by the Successor Agency as restricted.
Results:
According to Successor Agency Officials, there were no "Unspent bond proceeds" from the former
Low and Moderate Income Housing Fund held by the Successor Agency at June 30, 2012.
B. Grant proceeds and program income that are restricted by third parties:
i. Obtain the Successor Agency's computation of the restricted balances (e.g., total proceeds less
eligible project expenditures).
ii. Trace individual components of this computation to related account balances in the accounting
records, or to other supporting documentation (specify in the AUP report a description of such
documentation).
iii. Obtain from the Successor Agency a copy of the grant agreement that sets forth the restriction
pertaining to these balances. Note in the AUP report the absence of language restricting the use of
the balances that were identified by the Successor Agency as restricted.
Results:
According to Successor Agency Officials, there were no "Grants proceeds or program income" from
the former Low and Moderate Income Housing Fund held by the Successor Agency at June 30, 2012.
C. Other assets considered to be legally restricted:
i. Obtain the Successor Agency's computation of the restricted balances (e.g., total proceeds less
eligible project expenditures).
ii. Trace individual components of this computation to related account balances in the accounting
records, or to other supporting documentation (specify in the AUP report a description of such
documentation).
iii. Obtain from the Successor Agency a copy of the legal document that sets forth the restriction
pertaining to these balances. Note in the AUP report the absence of language restricting the use of
the balances that were identified by Successor the Agency as restricted.
Results.
According to Successor Agency Officials, there were no "Other assets considered to be legally
restricted"from the former Low and Moderate Income Housing Fund held by the Successor Agency at
June 30, 2012.
7
17
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
D.Attach the above mentioned Successor Agency prepared schedule(s)as an exhibit to the AUP report. For
each restriction identified on these schedules, indicate in the report the period of time for which the restrictions
are in effect. If the restrictions are in effect until the related assets are expended for their intended purpose, this
should be indicated in the report.
Results:
The Successor Agency did not prepare schedules related to procedures 6.A, 6.B, and 6.C, as there were no
assets held by the Successor Agency from the former Low and Moderate Income Housing Fund of the former
redevelopment agency at June 30, 2092.
8
18
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT HSS CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(5)(C) An itemized statement of the values of any assets that are not cash or cash
equivalents. This may include physical assets, land, records, and equipment. For the purpose of this
accounting, physical assets may be valued at purchase cost or at any recently estimated market value. The
statement shall list separately housing-related assets.
7. Perform the following procedures:
A. Obtain from the Successor Agency a listing of assets as of June 30, 2012 that are not liquid or
otherwise available for distribution (such as capital assets, land held for resale, long-term
receivables, etc.) and ascertain if the values are listed at either purchase cost (based on book
value reflected in the accounting records of the Successor Agency) or market value as recently
estimated by the Successor Agency.
B. If the assets listed at 7(A) are listed at purchase cost, trace the amounts to a previously audited
financial statement (or to the accounting records of the Successor Agency) and note any
differences.
C. For any differences noted in 7(B), inspect evidence of disposal of the asset and ascertain that the
proceeds were deposited into the Successor Agency trust fund. If the differences are due to
additions (this generally is not expected to occur), inspect the supporting documentation and note
the circumstances.
D. If the assets listed at 7(A) are listed at recently estimated market value, inspect the evidence (if
any) supporting the value and note the methodology used. If no evidence is available to support
the value and\or methodology, note the lack of evidence.
Results:
Procedures 7.A, 7.B, 7.C, or 7.D are not applicable since the Successor Agency did not hold any assets from
the Low and Moderate Income Housing Fund of the former redevelopment agency at June 30, 2012.
9
19
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(5)(D)An itemized listing of any current balances that are legally or contractually dedicated
or restricted for the funding of an enforceable obligation that identifies the nature of the dedication or restriction
and the specific enforceable obligation. In addition, the successor agency shall provide a listing of all approved
enforceable obligations that includes a projection of annual spending requirements to satisfy each obligation
and a projection of annual revenues available to fund those requirements. If a review finds that future revenues
together with dedicated or restricted balances are insufficient to fund future obligations and thus retention of
current balances is required, it shall identify the amount of current balances necessary for retention. The review
shall also detail the projected property tax revenues and other general purpose revenues to be received by the
successor agency, together with both the amount and timing of the bond debt service payments of the
successor agency, for the period in which the oversight board anticipates the successor agency will have
insufficient property tax revenue to pay the specified obligations.
8. Perform the following procedures:
A. If the Successor Agency believes that asset balances need to be retained to satisfy enforceable
obligations, obtain from the Successor Agency an itemized schedule of asset balances(resources)
as of June 30, 2012 that are dedicated or restricted for the funding of enforceable obligations and
perform the following procedures. The schedule should identify the amount dedicated or restricted,
the nature of the dedication or restriction, the specific enforceable obligation to which the
dedication or restriction relates, and the language in the legal document that is associated with the
enforceable obligation that specifies the dedication of existing asset balances toward payment of
that obligation.
Results:
Procedure 8.A is not applicable since the Successor Agency did not hold any assets from the Low
and Moderate Income Housing Fund of the former redevelopment agency at June 30, 2012.
i. Compare all information on the schedule to the legal documents that form the basis for the dedication
or restriction of the resource balance in question.
ii. Compare all current balances to the amounts reported in the accounting records of the Successor
Agency or to an alternative computation.
iii. Compare the specified enforceable obligations to those that were included in the final Recognized
Obligation Payment Schedule approved by the California Department of Finance.
iv. Attach as an exhibit to the report the listing obtained from the Successor Agency. Identify in the
report any listed balances for which the Successor Agency was unable to provide appropriate
restricting language in the legal document associated with the enforceable obligation.
10
20
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
B. If the Successor Agency believes that future revenues together with balances dedicated or
restricted to an enforceable obligation are insufficient to fund future obligation payments and thus
retention of current balances is required, obtain from the Successor Agency a schedule of
approved enforceable obligations that includes a projection of the annual spending requirements to
satisfy each obligation and a projection of the annual revenues available to fund those
requirements and perform the following procedures:
Results:
Procedure 8.B is not applicable since the Successor Agency did not hold any assets from the Low
and Moderate Income Housing Fund of the former redevelopment agency at June 30, 2012.
i. Compare the enforceable obligations to those that were approved by the California Department of
Finance. Procedures to accomplish this may include reviewing the letter from the California
Department of Finance approving the Recognized Enforceable Obligation Payment Schedules for the
six month period from January 1, 2012 through June 30, 2012 and for the six month period July 1,
2012 through December 31, 2012.
ii. Compare the forecasted annual spending requirements to the legal document supporting each
enforceable obligation.
a. Obtain from the Successor Agency its assumptions relating to the forecasted annual
spending requirements and disclose in the report major assumptions associated with the
projections.
iii. For the forecasted annual revenues:
a. Obtain from the Successor Agency its assumptions for the forecasted annual revenues and
disclose in the report major assumptions associated with the projections.
C. If the Successor Agency believes that projected property tax revenues and other general purpose
revenues to be received by the Successor Agency are insufficient to pay bond debt service
payments (considering both the timing and amount of the related cash flows), obtain from the
Successor Agency a schedule demonstrating this insufficiency and apply the following
procedures to the information reflected in that schedule.
Results.
The procedure is not applicable as there are no Low and Moderate Income Housing Bonds issued
and outstanding at June 30, 2012.
i. Compare the timing and amounts of bond debt service payments to the related bond debt service
schedules in the bond agreement.
ii. Obtain the assumptions for the forecasted property tax revenues and disclose major assumptions
associated with the projections.
iii. Obtain the assumptions for the forecasted other general purpose revenues and disclose major
assumptions associated with the projections.
11
21
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
D. If procedures A, B, or C were performed, calculate the amount of current unrestricted balances
necessary for retention in order to meet the enforceable obligations by performing the following
procedures.
Results:
The procedure is not applicable since procedures 8.A, 8.B, or 8.0 were not performed.
i. Combine the amount of identified current dedicated or restricted balances and the amount of
forecasted annual revenues to arrive at the amount of total resources available to fund enforceable
obligations.
ii. Reduce the amount of total resources available by the amount forecasted for the annual spending
requirements.A negative result indicates the amount of current unrestricted balances that needs to be
retained.
iii. Include the calculation in the AUP report.
12
22
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(5)(E) An itemized list and analysis of any amounts of current balances that are needed to
satisfy obligations that will be placed on the Recognized Obligation Payment Schedules for the current fiscal
year.
9. If the Successor Agency believes that cash balances as of June 30, 2012 need to be retained to satisfy
obligations on the Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2012 through
June 30, 2013, obtain a copy of the final ROPS for the period of July 1, 2012 through December 31, 2012 and
a copy of the final ROPS for the period January 1, 2013 through June 30, 2013. For each obligation listed on
the ROPS, the Successor Agency should add columns identifying (1) any dollar amounts of existing cash that
are needed to satisfy that obligation and (2) the Successor Agency's explanation as to why the Successor
Agency believes that such balances are needed to satisfy the obligation. Include this schedule as an
attachment to the AUP report.
Results:
Procedure 9 is not applicable since the Successor Agency did not hold any"cash balances"from the Low and
Moderate Income Housing Fund of the former redevelopment agency at June 30, 2012.
13
23
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
Citation: 34179.5(c)(6) The review shall total the net balances available after deducting the total amounts
described in subparagraphs (B)to(E), inclusive, of paragraph (5). The review shall add any amounts that were
transferred as identified in paragraphs (2) and (3) of subdivision (c) if an enforceable obligation to make that
transfer did not exist. The resulting sum shall be available for allocation to affected taxing entities pursuant to
Section 34179.6. It shall be a rebuttable presumption that cash and cash equivalent balances available to the
successor agency are available and sufficient to disburse the amount determined in this paragraph to taxing
entities. If the review finds that there are insufficient cash balances to transfer or that cash or cash equivalents
are specifically obligated to the purposes described in subparagraphs (B), (D), and (E)of paragraph (5) in such
amounts that there is insufficient cash to provide the full amount determined pursuant to this paragraph, that
amount shall be demonstrated in an additional itemized schedule.
10. Include(or present)a schedule detailing the computation of the Balance Available for Allocation to Affected
Taxing Entities.Amounts included in the calculation should agree to the results of the procedures performed in
each section above. The schedule should also include a deduction to recognize amounts already paid to the
County Auditor-Controller on July 12, 2012 as directed by the California Department of Finance.The amount of
this deduction presented should be agreed to evidence of payment. The attached example summary schedule
may be considered for this purpose. Separate schedules should be completed for the Low and Moderate
Income Housing Fund and for all other funds combined (excluding the Low and Moderate Income Housing
Fund).
Results.
We have included a schedule (prepared by the Successor Agency) detailing the computation of the Balance
Available for Allocation to Affected Taxing Entities from the Low and Moderate Income Housing Fund. We agreed
amounts included in the calculation to the results of the procedures performed in each section of the report
referenced in the calculation. The schedule does not contain a payment to the County Auditor-Controller on July 12,
2012 as directed by the California Department of Finance because the Low and Moderate Income Housing Fund of
the Successor Agency was not required to make such payment.
SUMMARY OF BALANCES AVAILABLE FOR ALLOCATION TO AFFECTED TAXING ENTITIES
Total amount of assets held by the successor agency as of June 30,2012(procedure 5) $
Add:the amount of any assets transferred to the city or other parties for which an enforceable obligation
with a third party requiring such transfer and obligating the use of the transferred assets did not exist -
(procedures 2 and 3)
Less:assets legally restricted for uses specified by debt covenants,grant restrictions,or restrictions
imposed by other governments(procedure 6)
Less:assets that are not cash or cash equivalents(e.g.,physical assets)(procedure 7)
Less:balances that are legally restricted for the funding of an enforceable obligation(net of projected
annual revenues available to fund those obligations)(procedure 8)
Less:balances needed to satisfy ROPS for the 2012-13 fiscal year(procedure 9)
Less:the amount of payments made on July 12,2012 to the County Auditor-Controller as directed by the
California Department of Finance
Amount to be remitted to the County for disbursement to taxing entities $ -
14
24
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES Attachment A
11. Obtain a representation letter from Successor Agency management acknowledging their responsibility for the
data provided to the practitioner and the data presented in the report or in any attachments to the report. Included in
the representations should be an acknowledgment that management is not aware of any transfers (as defined by
Section 34179.5) from either the former redevelopment agency or the Successor Agency to other parties for the
period from January 1, 2011 through June 30, 2012 that have not been properly identified in the AUP report and its
related exhibits. Management's refusal to sign the representation letter should be noted in the AUP report as
required by attestation standards.
Results:
We obtained a representation letter dated October 10, 2012 from the Successor Agency's management
acknowledging their responsibility for the data provided to us and the data presented in the report and in all
attachments to the report. Included in the representations there is an acknowledgment that management is not
aware of any transfers (as defined by Section 34179.5) from either the former redevelopment agency or the
Successor Agency to other parties for the period from January 1, 2011 through June 30, 2012 that have not been
properly identified in the Agreed-upon procedures report and its related exhibits.
15
25
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5
LOW AND MODERATE INCOME HOUSING FUND AGREED-UPON PROCEDURES
Attachment 2.A
Transfers from the former redevelopment agency to the city,county,or city and county that formed the redevelopment agency for the period from January 1 2011 through January 31 2012
Assets Transferred Transfer Date Purpose Recipient Legal Requirement Total Amount Procedure 2.0 Results
Transferred
The City of Moorpark elected to be the Housing Successor obtaining
Encumbered Cash 1131/2012 To transfer Housing Asset to City of Moorpark as rights to keep the housing assets in the Low-Mod Fund of the former
Housing Successor Housing Successor H&S Section 34176 $ 11,750 redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
Accounts Receivable 1/31/2012 To transfer Housing Asset to City of Moorpark as H&S Section 34176 $ 4,108 rights to keep the housing assets in the Low-Mod Fund of the former
Housing Successor Housing Successor redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
Loan Receivable 1131/2012 To transfer Housing Asset to City of Moorpark as H&S Section 34176 $ 600,000 rights to keep the housing assets in the Low-Mod Fund of the former
Housing Successor Housing Successor redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
Loan Receivable Deferred 1/31/2012 To transfer Housing Asset to City of Moorpark as rights to keep the housing assets in the Low-Mod Fund of the former
Housing Successor Housing Successor H&S Section 34176 $ 1,176,500 redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
Rehabilitation Loans 1/31/2012 To transfer Housing Asset to City of Moorpark as H&S Section 34176 $ 16,383 rights to keep the housing assets in the Low-Mod Fund of the former
Housing Successor Housing Successor redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
The City of Moorpark elected to be the Housing Successor obtaining
Land Held for Resale 1/31/2012 To transfer Housing Asset to City of Moorpark as H&S Section 34176 $ 8 213 770 rights to keep the housing assets in the Low-Mod Fund of the former
Housing Successor Housing Successor redevelopment agency.Per City Officials,the asset qualifies as a Housing
Asset in accordance to the definition of the H&S Code Section 34176.
116
N
01
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGE14CY
of
OF THE CITY OF MOORPARK MEETING ITEM 7.A.
/0 -30 -aoi
ACTION:
BY:
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to the Successor Agency
FROM: Maureen Benson, City Clerk V)",&
DATE: October 17, 2012 (OB Special Meeting of 10/30/12)
SUBJECT: Consider Regular Oversight Board Meeting Minutes for October 16,
2012
BACKGROUND AND DISCUSSION
Staff has prepared meeting minutes for the Regular Oversight Board meeting of October
16, 2012.
STAFF RECOMMENDATION
Adopt Resolution approving the Regular Oversight Board meeting minutes of October 16,
2012.
Attachments: 1-Regular Oversight Board meeting draft minutes of October 16, 2012
2-Draft Resolution
27
ATTACHMENT 1
MINUTES OF THE OVERSIGHT BOARD
TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY COUNCIL
Moorpark, California October 16, 2012
A Regular Meeting of the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Moorpark was held on October 16, 2012, in the
Community Center of said City located at 799 Moorpark Avenue, Moorpark, California.
1 . CALL TO ORDER:
Chairperson Hamous called the meeting to order at 3:35 p.m.
2. PLEDGE OF ALLEGIANCE:
Board Member Iris Ingram led the Pledge of Allegiance.
3. ROLL CALL:
Present: Board Members Ingram, Kasper, Nicks, Parvin, Priestley,
and Chairperson Hamous.
Absent: Board Member Burgh.
Staff Present: Steven Kueny, Executive Director; Ron Ahlers, Finance
Director; David Bobardt, Community Development Director;
David Moe, Redevelopment Manager; and Maureen Benson,
City Clerk.
4. PUBLIC COMMENT:
None.
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
6 PRESENTATION/ACTION/DISCUSSION:
A. Consider a Public Comment Session to Consider Resolution Receiving
Independent Accountant's Report on Applying Agreed-Upon Procedures
for Due Diligence Review Pursuant to Health and Safety Code Section
34179.5 for the Low and Moderate Income Housing Fund and Setting
Date for Consideration of Approval. Staff Recommendation: 1) Hold a
public comment session on the Independent Accountant's Report; and 2)
28
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 2 October 16, 2012
Adopt Resolution No. OB-2012-18, receiving the Report and setting a date
to consider approval.
Mr. Ahlers gave the staff report.
Chair Hamous opened the public comment session.
There were no speakers.
Chair Hamous closed the public comment session.
A discussion followed among the Board Members and staff regarding the
date of October 30, 2012, for a Special Oversight Board meeting to
consider approval of the Independent Accountant's Report.
MOTION: Board Member Parvin moved and Board Member Ingram seconded a
motion to adopt Resolution No. 2012-OB-18, receiving the Independent
Accountant's Report on Applying Agreed-Upon Procedures for Due Diligence
Review Pursuant to Health and Safety Code Section 34179.5 for the Low and
Moderate Income Housing Fund and set the date of Tuesday, October 30, 2012,
at 3:30 p.m. for a Special Oversight Board meeting to consider approval of the
Report. The motion carried by voice vote 6-0, Board Member Burgh absent.
B. Consider Resolution Adopting the Modified Recognized Obligation
Payment Schedule (ROPS 111) for January 1, 2013 to June 30, 2013. Staff
Recommendation: 1) Adopt Resolution No. OB-2012-19; and 2) Direct
staff to transmit the approved BOPS, with the signature of the
Chairperson, to the State of California (Department of Finance, State
Controller's Office), Ventura County Auditor-Controller, and post to the
City's website, as per the legislation [Health and Safety Code, Section
34177(k)(2)(C)]. ROLL CALL VOTE REQUIRED
Mr. Ahlers gave the staff report.
There were no speakers.
MOTION: Board Member Ingram moved and Board Member Parvin seconded a
motion to: 1) Adopt Resolution No. OB-2012-19, adopting the modified
Recognized Obligation Payment Schedule (ROPS 111) for January 1, 2013 to
June 30, 2013; and 2) Direct staff to transmit the approved ROPS, with the
signature of the Chairperson, to the State of California (Department of Finance,
State Controller's Office), Ventura County Auditor-Controller, and post to the
City's website, as per the legislation [Health and Safety Code, Section
34177(k)(2)(C)]. The motion carried by roll call vote 6-0, Board Member Burgh
absent.
29
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 3 October 16, 2012
7. CONSENT CALENDAR:
MOTION: Board Member Nicks moved and Board Member Kasper seconded a motion
to approve the Consent Calendar. The motion carried by voice vote 6-0, Board Member
Burgh absent.
A. Consider Resolution Approving the Minutes of Special Meeting of July 17,
2012. Staff Recommendation: Adopt Resolution No. OB-2012-20.
B. Consider Resolution Approving Minutes of Special Meeting of August 28,
2012. Staff Recommendation: Adopt Resolution No. OB-2012-21.
C. Consider Resolution Approving Minutes of Regular Meeting of September
18, 2012. Staff Recommendation: Adopt Resolution No. OB-2012-22.
D. Consider Resolution Authorizing Agreement between the Successor
Agency of the Redevelopment Agency of the City of Moorpark and Mike's
Handyman Service for Property Maintenance at Various Properties. Staff
Recommendation: Adopt Resolution No. OB-2012-23.
E. Consider Resolution Authorizing Agreement between the Successor
Agency of the Redevelopment Agency of the City of Moorpark and R.A.
Atmore, Inc. for Weed Abatement at Various Properties. Staff
Recommendation: Adopt Resolution No. OB-2012-24.
F. Consider Resolution Cancelling the November 20, 2012, Regular
Oversight Board Meeting. Staff Recommendation: Adopt Resolution No.
OB-2012-25.
8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. Announcements.
Chair Hamous announced a Special meeting of the Oversight Board will
be held on Tuesday, October 30, 2012, at 3:30 p.m.
Chair Hamous announced on November 10-11 at Underwood Family
Farms, the Moorpark Rotary Club will present "The Blue and The Gray"
commemorating the 150th Anniversary of the Civil War.
B. Future Agenda Items.
None.
30
Minutes of the Oversight Board to the
Successor Agency of the
Redevelopment Agency of the
City of Moorpark California Page 4 October 16, 2012
9. ADJOURNMENT:
MOTION: Board Member Parvin moved and Board Member Kasper seconded a motion
to adjourn the meeting. The time was 3:58 p.m.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
31
ATTACH M ENT 2
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK, CALIFORNIA,
FOR THE SPECIAL MEETING OF OCTOBER 30, 2012,
APPROVING THE REGULAR OVERSIGHT BOARD
MEETING MINUTES OF OCTOBER 16, 2012
WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions
taken by the Oversight Board to the Successor Agency of the Redevelopment Agency
of the City of Moorpark be adopted by resolution; and
WHEREAS, at the special meeting of October 30, 2012, the Regular Oversight
Board meeting minutes of October 16, 2012, were submitted to the Oversight Board for
approval (Agenda Item 7.A.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approve the Regular Oversight Board meeting minutes of
October 16, 2012.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 30th day of October, 2012.
Bruce Hamous, Chairperson
ATTEST:
Maureen Benson, City Clerk
32
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
Of ITEM 7=
ACTION:
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to the Successor Agency
FROM: Ron Ahlers, Finance Director 62,A--
DATE: October 23, 2012 (Oversight Board Special Meeting October 30, 2012)
SUBJECT: Consider Resolution to Receive and File the Status Update on ROPS
submittals to the State of California Department of Finance
SUMMARY
The State of California, Department of Finance (DOF) has responded to the Successor
Agency's submittals of Recognized Obligation Payment Schedule (ROPS).
DISCUSSION
The Oversight Board approved the ROPS for January 1, 2013 to June 30, 2013 (ROPS
III) at its special meeting of August 28, 2012. Staff submitted the report to the various
agencies prior to September 1, 2012, as per AB 1484. The DOF approved of the ROPS
III via a letter dated October 14, 2012. Attachment 1 is the approval letter showing the
approved amount of$2,286,968.
At the regularly scheduled meeting of September 18, 2012, the Oversight Board
approved a revised ROPS II for the period July 1, 2012 to December 31, 2012. The
DOF sent an email rejecting this revised ROPS II (attachment 2).
At the regularly scheduled meeting of October 16, 2012, the Oversight Board approved
a revised ROPS III. The DOF sent an email rejecting this revised ROPS III (attachment
3).
FISCAL IMPACT
The Successor Agency is limited to spending resources as they are listed on the ROPS.
33
Oversight Board to the Successor Agency
October 30, 2012
Page 2
STAFF RECOMMENDATION
1. Adopt Resolution No. OB-2012- , receiving the report.
Attachments:
1. DOF letter stating approval of ROPS III
2. DOF email rejecting the revised ROPS II
3. DOF email rejecting the revised ROPS III
4. Resolution No. 06-2012-
34
,C �� ATTACHMENT 1
If
� z
W A
p A
ac DEPARTMENT OF EDMUND G. BROWN JR. ■ GOVERNOR
FI N A N C E 9 1 5 1.. STREWr 0 BACRAMIENT13 CA ■ 95014-3706 t WWW.DDF.DA.ODV
October 14, 2012
Mr. David C. Moe II, Redevelopment Manager
Cityof Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Dear Mr. Moe:
Subject: Recognized Obligation Payment Schedule
Pursuant to Health and Safety Code(HSC) section 34177 (m), the City of Moorpark Successor
Agency (Agency) submitted a Recognized Obligation Payment Schedule (ROPS III)to the
California Department of Finance (Finance) on August 30, 2012 for the period of January
through June 2013. Finance has completed its review of your ROPS III,which may have
included obtaining clarification for various items.
Based on our review,we are approving all of the items listed on your ROPS III at this time.
The Agency's maximum approved Redevelopment Property Tax Trust Fund(RPTTF)
distribution for the reporting period is$2,286,968 as summarized below:
Approved RPTTF Distribution Amount
For the period of January through June 2013
Total RPTTF funding requested for obligations $ 2,151,968
Less: Six-month.total for items) denied or reclassified as administrative cost 0
Total approved RPTTF for enforceable obligations $ 2,151,968
Plus: Allowable RPTTF distribution for administrative cost for ROPS Ili 135,000
Total RPTTF approved: $ 2,286,968
Pursuant to HSC section 34186 (a), successor agencies were required to report on the ROPS III
form the,estimated obligations and actual payments associated with the January through
Juno 2012 period..The amount of RPTTF approved in the above table will be adjusted by the
county auditor-controller to account for differences between actual payments and past
estimated obligations. Additionally,these estimates and accounts are subject to audit by the
county auditor-controller and the State Controller.
Please refer to the ROPS II I schedule that was used to calculate the approved RPTTF amount:
http://www.dof.ca.govlredevelopment/ROPS/ROPS III Forms by Successor Anency/.
35
Mr. David C. Moe
October 14, 2012
Page 2
All items listed on a future RODS are subject to a subsequent review. An item included on a
future ROPS may be denied even if i#was not questioned from the preceding ROPS.
The amount available from the RPTTF is the same as the property tax increment that was
available prior to enactment of ABx1 26 and AB 1484. This amount is not and never was an
unlimited funding source. Therefore, as a practical matter, the ability to fund the items on the
ROPS with property tax is limited to the amount of funding available to the successor agency in
the RPTTF.
Pleose direct irigOiries to Beliz Chappuie, Supervisor or Mindy Patterson, Lead Analyst at
(910)'445-1546'..
Sincerely,
Ara,
STEVE SZALAY
Local.Govemment Consultant
cc: Mr. Ron Ahlers, Finance Director, City of Moorpark
Ms. Sandra Bickford, Chief Deputy, Ventura County Auditor Controller
36
ATTACHMENT 2
Ron Ahlers
From: David Moe
Sent: Thursday, October 11, 2012 8:17 AM
To: Steve Kueny; Ron Ahlers; David Bobardt
Subject: FW: Revised ROPS H to submit to the State DOF
As we expected,the state rejected our ROPS II.
From: Redevelopment Administration [mailto:RedevelopmentAdministration(cbdof.ca.govl
Sent: Wednesday, October 10, 2012 7:30 PM
To: David Moe
Subject: RE: Revised ROPS II to submit to the State DOF
Mr. Moe,
On October 8, 2012,we received a revised Recognized Obligation Payment Schedule (ROPS II) for the City of Moorpark
Successor Agency for the period of July through December 2012.
Pursuant to HSC section 34183 (a), all distributions from the Redevelopment Property Tax Trust Fund covering
obligations for July through December 2012 were made on June 1, 2012. Therefore, the Department of Finance is not
accepting any revised ROPS II forms, and the Agency's ROPS II is hereby rejected. To the extent you added additional
items to the revised ROPS II that are valid enforceable obligations,you may list them in a subsequent ROPS (subsequent
to the January through June 2013 period), and we will review them at that time.
Sincerely,
Redevelopment Administration
Department of Finance
From: David Moe [mailto:dmoe @ci.moorpark.ca.usl
Sent: Monday, October 08, 2012 4:11 PM
To: Redevelopment Administration; Hill, Mark; christine.cohen @ ventura.org; Sandra.Bickford @ventura.org;
jkanemasu(a)sco.ca.gov
Cc: Steve Kueny; David Bobardt
Subject: FW: Revised ROPS II to submit to the State DOF
To whom this may concern:
Please find the attached revised ROPS II for the Successor Agency of the Redevelopment Agency of the City of Moorpark.
Please contact me if you have any questions.
Thank you,
David C. Moe II
Redevelopment Manager
City of Moorpark
799 Moorpark Avenue
1 37
ATTACHMENT 3
Ron Ahlers
From: Redevelopment Administration <RedevelopmentAdministration @dof.ca.gov>
Sent: Friday, October 19, 2012 1:28 PM
To: David Moe; Redevelopment Administration; Hill, Mark; christine.cohen @ ventura.org;
Sandra.Bickford @ventura.org;jkanemasu @sco.ca.gov
Cc: Steve Kueny; Ron Ahlers; David Bobardt
Subject: RE: Moorpark Revised ROPS III
Pursuant to Health and Safety Code (HSC) section 34177 (m), the Moorpark Successor Agency submitted a
Recognized Obligation Payment Schedule (ROPS) to the California Department of Finance (Finance)
on August 30, 2012 for the period January through June 2013. Our determination on the Moorpark Successor
Agency ROPS III was transmitted on October 14, 2012.
Per HSC section 34177 (m), the ROPS for this period was due no later than September 1, 2012, and in
compliance with that section the ROPS was submitted. As such, we will not be accepting any revised ROPS
Forms, and will made our determination based on the ROPS that was received on August 30, 2012. To the
extent you added additional items to the revised ROPS that are valid enforceable obligations, you may request
funding for them on a subsequent ROPS and we will review and consider them at that time.
Based on the foregoing, the Department of Finance returns the Oversight Board action of the Moorpark
Successor Agency, and pursuant to section 34179 (h) the action is not effective.
Sincerely,
Department of Finance
Redevelopment Agency Administration
From: David Moe [mailto:dmoe@ci.moorpark.ca.usl
Sent: Tuesday, October 16, 2012 5:15 PM
To: Redevelopment Administration; Hill, Mark; christine.cohen @ ventura.org; Sandra.Bickford @ventura.org;
jkanemasu @sco.ca.gov
Cc: Steve Kueny; Ron Ahlers; David Bobardt
Subject: Moorpark Revised ROPS III
To whom this concerns:
On October 16, 2012, the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of
Moorpark approved the attached revised ROPS 111. Please let me know if you concur with this action.
Have a good day,
David C. Moe II
Redevelopment Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Office: 805-517-6217
1 38
Attachment 4
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE SPECIAL
MEETING OF OCTOBER 30, 2012, RECEIVING STATUS UPDATE
ON RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS)
SUBMITTALS TO THE STATE OF CALIFORNIA DEPARTMENT OF
FINANCE
WHEREAS, Section 34179 (e) of the Health and Safety requires all actions taken
by the Oversight Board of the Successor Agency of the Redevelopment Agency of the
City of Moorpark be adopted by resolution; and
WHEREAS, on October 30, 2012 the Status update on ROPS submittals to the
State of California Department of Finance was submitted to the Oversight Board for its
review (Agenda Item 7.13.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Status update on ROPS submittals to the State of California
Department of Finance is hereby received,
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 30th day of October, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
39
OVERSIGHT BOARD TO SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK MEETING
of /o-30 .201A TEM 7.C.
ACTION:
— � 9 .
BY:
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AGENDA REPORT
TO: Oversight Board to the Successor Agency
FROM: Ron Ahlers, Finance Director(_�)+
DATE: October 22, 2012 (Oversight Board Special Meeting October 30, 2012)
SUBJECT: Consider Resolution Receiving Independent Accountant's Report on
Applying Agreed-Upon Procedures Pursuant to ABx1 26, Community
Redevelopment Dissolution
SUMMARY
On June 29, 2011, as part of adopting the State of California Fiscal Year 2011-12
budget, the Governor signed two trailer bills, ABX1 26 ("Dissolution Act") and ABX1 27
("Voluntary Alternative Redevelopment Program"), into law. The legislation became
effective on June 29, 2011. The California Redevelopment Association and League of
California Cities sued the State of California on the grounds that ABX1 26 and 27 were
unconstitutional. The California Supreme Court upheld ABX1 26 and declared ABX1 27
unconstitutional. This ruling eliminated redevelopment agencies throughout California
as of February 1, 2012.
Health and Safety Code section 34182(a)(1) states, "The County Auditor-Controller
shall conduct or cause to be conducted an agreed-upon-procedures audit of each
redevelopment agency in the county that is subject to his part, to be completed by
March 1, 2012."
The attached report is the agreed-upon-procedures audit mentioned above.
Staff is requesting the Oversight Board consider the attached Resolution to receive
Independent Accountant's Report on Applying Agreed-Upon Procedures Pursuant to
ABx1 26, Community Redevelopment Dissolution.
40
Oversight Board to the Successor Agency
October 30, 2012
Page 2
DISCUSSION
The County Auditor-Controller selected the firm of Brown Armstrong Accountancy
Corporation to conduct the agreed-upon-procedures audit. The audit firm conducted
their audit the week of June 11, 2012. The attached report is dated September 24,
2012. Staff received this report, via email, on October 19, 2012.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Adopt Resolution No. OB-2012- , receiving the report.
Attachments:
1. Resolution No. 06-2012-
2. Independent Accountant's Report on Applying Agreed-Upon Procedures
Pursuant to ABx1 26, Community Redevelopment Dissolution
41
Attachment 1
RESOLUTION NO. OB-2012-
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, FOR THE SPECIAL
MEETING OF OCTOBER 30, 2012, RECEIVING INDEPENDENT
ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON
PROCEDURES PURSUANT TO A13X1 26, COMMUNITY
REDEVELOPMENT DISSOLUTION
WHEREAS, Section 34179 (e) of the Health and Safety requires all actions taken
by the Oversight Board of the Successor Agency of the Redevelopment Agency of the
City of Moorpark be adopted by resolution; and
WHEREAS, on October 30, 2012 the Independent Accountant's Report on
Applying Agreed-Upon Procedures Pursuant to ABx1 26, Community Redevelopment
Dissolution was submitted to the Oversight Board for its review (Agenda Item 7.C.).
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Independent Accountant's Report on Applying Agreed-Upon
Procedures Pursuant to ABx1 26, Community Redevelopment Dissolution is hereby
received,
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 30th day of October, 2012.
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
42
ATTACHMENT 2
` INDEPENDENT ACCOUNTANT'S REPORT ON
APPLYING AGREED-UPON PROCEDURES
„3
Ventura County Auditor-Controller/Oversight Board of the Successor Agency
City of Moorpark
Moorpark, California 93021
MA!
We We have performed the minimum required agreed-upon procedures (AUP)
_�� enumerated in Attachment A, which were agreed to by the California State
�xooTRUxTUWAVExuE Controller's Office, Department of Finance, and Ventura County Auditor-Controller,
"WIFE solely to assist you in ensuring that the dissolved redevelopment agency is complying
rqs EtCtc��33r with its statutory requirements with respect to ABX1 26. Management of the
= successor agency and the County of Ventura are responsible for the accounting
pertaining statutory p pursuant to Health and Safety Code
. records ertainin to statuto compliance
' t bb���4 a ?"":° Section 34182(a)(1). This agreed-upon procedures engagement was conducted in
-tll E{ stc ana accordance with attestation standards established by the American Institute of
Certified Public Accountants. The sufficiency of these procedures is solely the
o- 360 1+13°RLSLAYEN11JE,
responsibility of those parties specified in the report. Consequently, we make no
representation regarding the sufficiency of the procedures described below either for
the purpose for which this report has been requested or for any other purpose.
Z,�-VMAr
The scope of this engagement was limited to performing the minimum required
8050 ALh[AYE IUE,
lfl
agreed-upon procedures and additional procedures identified by the Ventura County
g Auditor-Controller as set forth in Attachment A. The results of the procedures
L �vt performed are also listed under each related testing step in Attachment A.
_N
gn We were not engaged to and did not conduct an audit, the objective of which would
be the expression of an opinion as to the appropriateness of the results summarized
in Attachment A. Accordingly, we do not express such an opinion. Had we performed
IM U
� additional procedures, other matters might have come to our attention that would
have been reported to you.
a This report is intended solely for the information and use of the Ventura County
Auditor-Controller, the successor agency, and applicable State agencies, and is not
intended to be, and should not be used by anyone other than these specified parties.
This restriction is not intended to limit distribution of this report, which is a matter of
public record.
f
BROWN ARMSTRONG
_• ACCOUNTANCY CORPORATION
;' .
� M
s
' v
r � t "
' Bakersfield, California
t �
September 24, 2012
.fis}M AIYNrIw,
CIZTdG""
6ECvISr.R�G�1�'tt11<F�blrr� mr.a+r
Acca.nti, i 4cr ghi E1e�d a_t
MSABER4Lf.' "ric�thatULeu'
Cat't8e�if',ihac',4..ccvntar;U
.r _ 43
Attachment A—Agreed-Upon Procedures Engagement
Pursuant to ABX1 26, Community Redevelopment Dissolution
Purpose. To establish each redevelopment agency's assets and liabilities, to document and determine
each redevelopment agency's pass-through payment obligations to other taxing agencies, and to
document and determine both the amount and the terms of any indebtedness incurred by the
redevelopment agency and certify the initial recognized obligation payment schedule. (Health and Safety
Code Section 34182(a)(2)j
In conformity with attestation standards, the language in each separate report for each agency will need
to be specific as to the type of documents that were examined in performing the procedure.
A. RDA Dissolution and Restrictions
❑ For each redevelopment agency dissolved, perform the following:
1. Obtain a copy of the enforceable obligation payment schedule (EOPS) for the period of August 1,
2011, through December 31, 2011. Trace the redevelopment project name or area (whichever
applies) associated with the obligations, the payee, a description of the nature of the work/service
agreed to, and the amount of payments made by month through December 31, 2011, and compare it
to the legal document(s) that forms the basis for the obligations. Since amount could be estimated,
determine that they are stated as such and that legal documentation supports those estimates.
Result:
We noted the following exception:
A) Estimated amounts existed on the EOPS; however, they were not stated as such on the EOPS
form.
2. Obtain a copy of all amended EOPS filed during the period of January 1, 2012, through June 30,
2012. Trace the redevelopment project name or area (whichever applies) associated with the
obligations, the payee, a description of the nature of the work/service agreed to, and the amount of
payments to be made by month through June 30, 2012, and compare it to the legal document(s) that
forms the basis for the obligations. Again, since amount could be estimated, determine that they are
stated as such and that legal documentation supports those estimates.
Result:
We noted the following exception:
A) Estimated amounts existed on the amended EOPS; however, they were not stated as such on
the form.
3. Identify any obligations listed on the EOPS that were entered into after June 29, 2011, by inspecting
the date of incurrence specified on Form A of the Statement of Indebtedness filed with the Ventura
County Auditor-Controller, which was filed on or before October 1, 2011.
Result:
We found no exceptions as a result of the procedures performed.
44
4. Inquire and specifically state in the report the manner in which the agency did or did not execute a
transfer of the Low and Moderate Income Housing Fund to the redevelopment successor agency by
February 1, 2012. Procedures to accomplish this might include changing the name of the accounting
fund and related bank accounts that are holding these assets for the successor agency. If the
successor agency is a party other than the agency that created the redevelopment agency, an
examination of bank statements and changing of account titles and fund names evidencing such
transfer will be sufficient.
Result:
We noted the redevelopment agency executed a transfer of the Low and Moderate Income Housing
Fund #2901 to the Successor Agency Fund #2203 by February 1, 2012. We obtained a summary of
Journal Vouchers that executed the transfer of assets and liabilities from the RDA Low and Moderate
Income Housing Fund.
5. Inquire and specifically state in the report how housing activities (assets and functions, rights, powers,
duties, and obligations) were transferred and the manner in which this agency did or did not execute
a transfer. Procedures to accomplish this might include changing the name of the accounting fund
and related bank accounts that are holding these assets for the other agency. An examination of bank
statements and changing of account titles and fund names evidencing such transfers will be
sufficient. If the housing successor is a party other than the agency that created the redevelopment
agency, an examination of bank statements and re-recording of titles evidencing such transfer will be
sufficient.
Result:
We noted that on January 4,2012, per Resolution No. 2012-3079, the Moorpark City Council elected
for the City to retain all housing assets and functions previously held and performed by the
redevelopment agency, including all rights, powers, liabilities, duties, and obligations. Procedures to
accomplish this included changing the related fund and bank account.
B. Successor Agency
1. Inspect evidence that a successor agency (A) has been established by February 1, 2012, and (B)the
successor agency oversight board has been appointed, with names of the successor agency
oversight board members, which must be submitted to the Department of Finance by May 1, 2012.
Result:
We found no exceptions as a result of the procedures performed.
2. Inquire regarding the procedures accomplished and specifically state in the report the manner in
which this agency did or did not execute a transfer of operations to the successor agency, which was
due by February 1, 2012. Procedures to accomplish this might include changing the name of the
accounting fund and related bank accounts that are holding these assets for the successor agency. If
the successor agency is a party other than the agency that created the redevelopment agency, an
examination of bank statements and changing of account titles and fund names evidencing such
transfers will be sufficient.
Result:
We noted the procedures to accomplish the execution of transfer of operations to the successor
agency included changing the related funds from#2901, 2902, 2904, 2905, 3901, 3902, and 3903 to
#9100-9107 and 2203, as well as opening two new bank accounts.
3. Ascertain that the successor agency has established the Redevelopment Obligation Retirement
Fund(s) in its accounting system.
Result:
We found no exceptions as a result of the procedures performed.
45
4. Inspect the EOPS and ROPS and identify the payments that were due to be paid through the date of
the AUP Report. We tested 100% of non-payroll payment expenditure items over $10,000, which
constituted 96% of the total non-payroll amount. We also tested 74% of payroll payment expenditure
items as determined by the Ventura County Auditor-Controller and compared the payments that were
due to be paid through the date of the AUP Report to a copy of the cancelled check or other
documentation supporting the payment.
Result:
We found no exceptions as a result of the procedures performed.
5. Obtain listings that support the asset figures (cash, investments, accounts receivable, notes,
receivables, fixed assets, etc.) in the audited financial statements as of June 30, 2010, June 30,
2011, and as of January 31, 2012, as determined by the successor agency and include as an
attachment to the AUP Report.
Result:
We found no exceptions as a result of the procedures performed.
Please see Attachment B for listings that support the asset figures.
6a. Identify the transfers that were made from June 27, 2011, through the date of the Agreed-Upon
Procedures Report to confirm that there have been no transfer of assets from the RDA to the City.
Result:
We found no exceptions as a result of the procedures performed.
6b. Verify any cash balances in the Redevelopment Obligation Retirement Fund, and state in the report
the moneys that have been moved into this fund.
Result:
We verified that no cash funds were moved into the successor agency Redevelopment Obligation
Retirement Fund#9100.
We found no exceptions as a result of the procedures performed.
C. Recognized Obligation Payment Schedule(Draft ROPS)
C Obtain a copy of the initial draft of the ROPS from the successor agency.
1. Inspect evidence that the initial draft of the ROPS was prepared by March 1, 2012.
Result:
We found no exceptions as a result of the procedures performed.
2. Note in the minutes of the Oversight Board that the draft ROPS has been approved by the Oversight
Board. If the Oversight Board has not yet approved the draft ROPS as of the date of the AUP Report,
this should be mentioned in the AUP Report.
Result:
We noted the following exception:
A) We obtained minutes of the first Oversight Board meeting and noted that the draft ROPS was not
approved; rather, the final ROPS was approved on April 17, 2012.
46
3. Inspect evidence that a copy of the draft ROPS was submitted to the Ventura County Auditor-
Controller, State Controller, and Department of Finance.
Result:
We noted the following exception:
A) No evidence was available to verify that the draft ROPS was submitted to the Ventura County
Auditor-Controller, State Controller, and Department of Finance.
4. Inspect evidence that the draft ROPS includes monthly scheduled payments for each enforceable
obligation for the current six-month reporting time period.
Result:
We found no exceptions as a result of the procedures performed.
5. We tested 100% of enforceable obligations over $10,000 as determined by the Ventura County
Auditor-Controller, and traced the enforceable obligations listed on the draft ROPS to the legal
document that forms the basis for the obligation.
Result:
We found no exceptions as a result of the procedures performed.
6. Trace the obligations enumerated on the draft ROPS to the obligations enumerated on the EOPS
(including amendments) and note any material differences over$10,000 as agreed to by the Ventura
County Auditor-Controller.
Result:
We noted certain material differences as listed in Attachment C.
D. Recognized Obligation Payment Schedule(Final ROPS)
❑ Obtain a copy of the final ROPS (January 1, 2012, through June 30, 2012) from the successor
agency.
1. Inspect evidence that the final ROPS was submitted to the Ventura County Auditor-Controller, the
State Controller, and Department of Finance by April 15, 2012, and is posted on the website of the
City/County as successor agency(Health and Safety Code Section 34177(2)(C)).
Result:
We noted the following exception:
A) We obtained evidence that a previous final ROPS, which was approved and signed April 18,
2012, was submitted to the Ventura County Auditor-Controller, the State Controller, and
Department of Finance on May 1, 2012. However, there was an amended final ROPS approved
on May 16, 2012, for which no evidence of submittal to the Ventura County Auditor-Controller,
State Controller, and Department of Finance was provided. We also noted that the final ROPS
was not posted on the website of the successor agency.
47
2. Inspect the final ROPS and identify the payments that were due to be paid through the date of the
Agreed-Upon Procedures report. For payments on the ROPS that were identified as being due
through the date of the Agreed-Upon Procedures Report, inspect evidence of payment and determine
that amounts agree to the purpose of the obligation as amounts could be estimated.
Result:
We found no exceptions as a result of the procedures performed.
3. We tested 100% of enforceable obligations over $10,000 as determined by the Ventura County
Auditor-Controller, and traced the enforceable obligations listed on the final ROPS to the legal
agreements or documents that forms the basis for the obligation.
Result:
We found no exceptions as a result of the procedures performed.
E. Other Procedures
❑ Obtain a list of pass-through obligations and payment schedules.
1. Obtain a list of pass-through obligations and payments made from the redevelopment agency from
July 1, 2011, through January 31, 2012, inspect evidence of payment, and note any differences from
the list of pass-through obligations and payments made.
Result:
We found no exceptions as a result of the procedures performed.
❑ Issue Agreed-Upon Procedures Report and distribute to the California State Controller by July 15,
2012.
Result:
AB 1484 has extended the due date for the agreed-upon procedures report to October 1, 2012. We
will submit the report to the California State Controller on or before October 1, 2012.
48
Attachment B—List of Assets for the Successor Agency of the
City of Moorpark Redevelopment Agency
June 30, 2010 June 30, 2011 January 31, 2012
ASSETS
Cash and Investments $ 15,417,172 $ 12,595,695 $ 7,132,266
Receivables:
Accounts 25,894 19,830 8,528
Interest 1,281,499 20,745 -
Notes 2,053,616 616,384 616,384
Property Held for Resale/Development 19,428,853 20,795,867 20,795,867
Restricted Cash and Investments 2,178,925 1,884,771 2,539,692
Debt Issuance Costs 446,605 429,753 419,748
Total Assets $ 40,832,564 $ 36,363,045 $ 31,512,485
49
Attachment B-1—List of Assets for the Successor Agency of the
City of Moorpark Redevelopment Agency by Fund: June 30, 2010
FUND- 2901 - LOW/MOD INCOME HSNG FUND
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 258,091.57 $ - $ 258,091.57
1307 REHAB LOANS-PRINCIPAL REC 16,383.74 - 16,383.74
1308 NOTES RECEIVABLE 332,446.20 - 332,446.20
1315 YEAR-END ACCRUALS 5,178.68 - 5,178.68
1506 LAND FOR RESALE OR LEASE 7,887,425.44 - 7,887,425.44
Total Assets $ 8,499,525.63 $ - $ 8,499,525.63
FUND- 2902- MRA OPERATING FUND
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 4,124,352.60 $ 10,689.00 $ 4,113,663.60
1198 PETTY CASH 1,500.00 - 1,500.00
1302 INTEREST RECEIVABLE 1,253,180.54 (10,689.00) 1,263,869.54
1308 NOTES RECEIVABLE 1,704,786.00 - 1,704,786.00
1315 YEAR-END ACCRUALS 20,714.67 - 20,714.67
1506 LAND FOR RESALE OR LEASE 7,142,621.93 - 7,142,621.93
Total Assets $ 14,247,155.74 $ - $ 14,247,155.74
50
FUND-2904- MRA 2001 TAB PROCEEDS
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 1,381,694.64 $ 2,329.00 $ 1,379,365.64
1302 INTEREST RECEIVABLE - (2,329.00) 2,329.00
1506 LAND FOR RESALE OR LEASE 4,398,805.79 - 4,398,805.79
Total Assets $ 5,780,500.43 $ - $ 5,780,500.43
FUND-2905-MRA 2006 TAB PROCEEDS
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 9,679,851.51 $ 15,301.00 $ 9,664,550.51
1302 INTEREST RECEIVABLE - (15,301.00) 15,301.00
Total Assets $ 9,679,851.51 $ - $ 9,679,851.51
FUND-3901 - 1999 MRA TAB DEBT SERVICE
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1202 CASH W/FISCAL AGENT-RDA $ 1,065,302.56 $ - $ 1,065,302.56
Total Assets $ 1,065,302.56 $ - $ 1,065,302.56
FUND-3902-2001 MRA TAB DEBT SERVICE
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1202 CASH W/FISCAL AGENT-RDA $ 584,675.10 $ - $ 584,675.10
Total Assets $ 584,675.10 $ - $ 584,675.10
51
FUND-3903-2006 MRA TAB DEBT SERVICE
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1202 CASH W/FISCAL AGENT-RDA $ 528,948.00 $ - $ 528,948.00
Total Assets $ 528,948.00 $ - $ 528,948.00
OTHER LONG TERM ASSETS: DEBT ISSUANCE COSTS $ 446,605.00
TOTAL ASSETS $ 40,832,563.97
52
Attachment B-2—List of Assets for the Successor Agency of the
City of Moorpark Redevelopment Agency by Fund: June 30, 2011
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 572,044.88 $ 546.00 $ 571,498.88
1301 ACCOUNTS RECEIVABLE 4,108.00 - 4,108.00
1302 INTEREST RECEIVABLE - (546.00) 546.00
1304 LOANS RECEIVABLE 600,000.00 - 600,000.00
1307 REHAB LOANS-PRINCIPAL REC 16,383.74 - 16,383.74
1315 YEAR-END ACCRUALS 3,144.60 - 3,144.60
1506 LAND FOR RESALE OR LEASE 8,302,304.47 - 8,302,304.47
Total Assets $ 9,497,985.69 $ - $ 9,497,985.69
FUND -2902- MRA OPERATING FUND
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 3,507,577.71 $ 7,676.00 $ 3,499,901.71
1198 PETTY CASH 1,500.00 - 1,500.00
1302 INTEREST RECEIVABLE - (7,676.00) 7,676.00
1315 YEAR-END ACCRUALS 12,578.37 - 12,578.37
1506 LAND FOR RESALE OR LEASE 6,856,423.93 - 6,856,423.93
Total Assets $ 10,378,080.01 $ - $ 10,378,080.01
53
FUND-2904- MRA 2001 TAB PROCEEDS
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 495,087.90 $ 718.00 $ 494,369.90
1302 INTEREST RECEIVABLE - (718.00) 718.00
1506 LAND FOR RESALE OR LEASE 5,111,349.45 - 5,111,349.45
Total Assets $ 5,606,437.35 $ - $ 5,606,437.35
FUND-2905- MRA 2006 TAB PROCEEDS
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 7,714,743.69 $ 11,805.00 $ 7,702,938.69
1302 INTEREST RECEIVABLE - (11,805.00) 11,805.00
1506 LAND FOR RESALE OR LEASE 525,789.48 - 525,789.48
Total Assets $ 8,240,533.17 $ - $ 8,240,533.17
FUND-3901 - 1999 MRA TAB DEBT SERVICE
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 325,486.39 $ - $ 325,486.39
1202 CASH W/FISCAL AGENT-RDA 771,148.31 - 771,148.31
Total Assets $ 1,096,634.70 $ - $ 1,096,634.70
FUND-3902-2001 MRA TAB DEBT SERVICE
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1101 B OF A CONCENTRATION $ - $ - $ -
1121 BOFAMRA - - -
1202 CASH W/FISCAL AGENT-RDA 584,675.59 - 584,675.59
1315 YEAR-END ACCRUALS - - -
1402 DUE/MRA AGENCY - - -
Total Assets $ 584,675.59 $ - $ 584,675.59
54
FUND- 3903-2006 MRA TAB DEBT SERVICE
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1202 CASH W/FISCAL AGENT-RDA 528,947.48 - 528,947.48
Total Assets $ 528,947.48 $ - $ 528,947.48
OTHER LONG TERM ASSETS: DEBT ISSUANCE COSTS $ 429,753.00
TOTAL ASSETS $ 36,363,046.99
55
Attachment B-3—List of Assets for the Successor Agency of the
City of Moorpark Redevelopment Agency by Fund:January 31, 2012
FUND- 2901 - LOW/MOD INCOME HSNG FUND
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 310,366.62 $ - $ 310,366.62
1301 ACCOUNTS RECEIVABLE 5,658.00 - 5,658.00
1304 LOANS RECEIVABLE 600,000.00 - 600,000.00
1307 REHAB LOANS-PRINCIPAL REC 16,383.14 - 16,383.14
1506 LAND FOR RESALE OR LEASE 8,302,304.47 - 8,302,304.47
Total Assets $ 9,234,712.23 $ - $ 9,234,712.23
FUND-2902-MRA OPERATING FUND
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 1,186,591.71 $ - $ 1,186,591.71
1198 PETTY CASH 1,500.00 - 1,500.00
1301 ACCOUNTS RECEIVABLE 2,870.00 - 2,870.00
1506 LAND FOR RESALE OR LEASE 6,856,423.93 - 6,856,423.93
Total Assets $ 8,047,385.64 $ - $ 8,047,385.64
56
FUND- 2904- MRA 2001 TAB PROCEEDS
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 494,164.18 $ - $ 494,164.18
1506 LAND FOR RESALE OR LEASE 5,111,349.45 - 5,111,349.45
Total Assets $ 5,605,513.63 $ - $ 5,605,513.63
FUND- 2905- MRA 2006 TAB PROCEEDS
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1121 B OF A MRA $ 5,139,643.54 $ - $ 5,139,643.54
1506 LAND FOR RESALE OR LEASE 525,789.48 - 525,789.48
Total Assets $ 5,665,433.02 $ - $ 5,665,433.02
FUND-3901 - 1999 MRA TAB DEBT SERVICE
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1202 CASH W/FISCAL AGENT-RDA $ 890,878.91 $ - $ 890,878.91
Total Assets $ 890,878.91 $ - $ 890,878.91
FUND-3902-2001 MRA TAB DEBT SERVICE
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1202 CASH W/FISCAL AGENT-RDA $ 872,645.76 $ - $ 872,645.76
Total Assets $ 872,645.76 $ - $ 872,645.76
57
FUND-3903-2006 MRA TAB DEBT SERVICE
Year to Date Current
Account Description Debit Credit Balance
ASSETS
1202 CASH W/FISCAL AGENT-RDA $ 776,167.39 $ - $ 776,167.39
Total Assets $ 776,167.39 $ - $ 776,167.39
OTHER LONG TERM ASSETS: DEBT ISSUANCE COSTS $ 419,748.00
TOTAL ASSETS $31,512,484.58
58
Attachment C—Material Differences
Amount per Amount per
Descriptions of Obligation Amended EOPS the Draft ROPS Differences
1 Bond Trustee $ - $ 10,000.00 $ (10,000.00)
2 Administrative Fees - 250,000.00 (250,000.00)
3 Bond Disclosures - 10,000.00 (10,000.00)
4 Bond Arbitrage Calks - 10,000.00 (10,000.00)
5 Ruben Castro Human Services Center - 30,400.00 (30,400.00)
6 Ruben Castro Human Services Center - 366,300.00 (366,300.00)
7 Ruben Castro Human Services Center - 217,800.00 (217,800.00)
8 Ruben Castro Human Services Center - 66,400.00 (66,400.00)
9 Ruben Castro Human Services Center - 125,600.00 (125,600.00)
10 Ruben Castro Human Services Center - 164,500.00 (164,500.00)
11 Ruben Castro Human Services Center - 1,000.00 (1,000.00)
12 Legal - 30,000.00 (30,000.00)
13 Watershed Protection District - 10,000.00 (10,000.00)
14 Ruben Castro Human Services Center - 120,000.00 (120,000.00)
Total $ - $ 1,412,000.00 $ (1,412,000.00)
59