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Home My WebLink AboutAG RPTS 2012 1218 OB REG Resolution No. OB-2012-30 OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA TUESDAY, DECEMBER 18, 2012 3:30 P.M. Moorpark Community Center 799 Moorpark Avenue 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 REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Oversight Board Rules of Procedure,Section 2.9,Items to be withdrawn from the Consent Calendar shall be identified at this time.) 6.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 All Other Funds Except the Low and Moderate Income Housing Fund and Setting Date for Consideration of Approval. Staff Recommendation: 1) Hold a public comment session; and 2) Adopt Resolution No. 013-2012- , receiving and filing the report and setting a date to consider approval. (Staff: Ron Ahlers) 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.mooroark.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. Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark December 18, 2012 Page 2 6. PRESENTATION/ACTION DISCUSSION: (continued) B. Consider Resolution Calling for a Special Oversight Board Meeting for January 8 2013 and Canceling of the January 15, 2013 Regular Oversight Board Meeting. Adopt Resolution No. OB-2012- , scheduling a special Oversight Board meeting for 3:30 p.m. on Tuesday, January 8, 2013 and canceling the January 15, 2013, regular Oversight Board meeting. (Staff: Maureen Benson) 7. CONSENT CALENDAR: A. Consider Resolution Approving the Minutes of Special Meeting of October 30, 2012. Staff Recommendation: Adopt Resolution No. OB-2012-_. B. Consider Resolution to Receive and File the Due Diligence Review Approval Letter from the State of California Department of Finance. Staff Recommendation: Adopt Resolution No. OB-2012-_. (Staff: Ron Ahlers) C. Consider Resolution to Receive and File Bond Expenditure Report. Staff Recommendation: Adopt Resolution No. 2012-OB-_. (Staff: Ron Ahlers) D. Consider Resolution Approving an Amendment No. 5 to Professional Services Agreement with Ky Spangler for Special Projects Consulting Services for the Ruben Castro Human Services Center through March 31, 2013. Staff Recommendation: Adopt Resolution No. OB-2012-_, approving Amendment No. 5 of the Professional Services Agreement with Ky Spangler for Special Projects Consulting Services for activities related to the construction of the Ruben Castro Human Services Center and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager and the City Attorney. (Staff: Hugh Riley) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. Announcements. B. Future Agenda Items. Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark December 18, 2012 Page 3 9. ADJOURNMENT: Dated: December 14, 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). Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark December 18, 2012 Page 4 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 Regular Meeting of Oversight Board of the Successor Agency of the Redevelopment Agency of the City of Moorpark to be held Tuesday, December 18, 2012, at 3:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California,was posted on December 14, 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 December 14, 2012. Maureen Benson, City Clerk OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MEETING of a0�� ITEM 6.A. ACTION: BY: y� . 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 (y�N DATE: December 11, 2012 (Oversight Board Meeting December 18, 2012) SUBJECT: 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 All Other Funds Except the Low and Moderate Income Housing Fund and Setting Date for Consideration of Approval SUMMARY AB 1484, signed by the Governor on June 27, 2012, requires that by December 15, 2012 the Successor Agency shall provide a due diligence review "for all of the other fund and account balances" except the Low and Moderate Housing Fund to the Oversight Board, the County Auditor-Controller, the Controller, and the Department of Finance. We have 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 "All Other Funds except the Low and Moderate Income Housing Fund" from Rogers, Anderson, Malody & Scott, LLP (RAMS). Staff has submitted this report to the County Auditor-Controller, the Controller, and the Department of Finance via email. The amount to be remitted to County for disbursement to taxing entities is zero (see bottom of page 14). Staff is requesting the Oversight Board hold a public comment session and consider the attached Resolution to receive this report and set another meeting at least five business days from this meeting to hold the approval vote of this report. Staff recommends setting the meeting on Tuesday, January 8, 2013. 1 Oversight Board to the Successor Agency December 18, 2012 Page 2 DISCUSSION The attached report is for all the other funds except the Low and Moderate Income Housing Fund of the former Redevelopment Agency of the City of Moorpark (Agency). The report notes no issues except for the bond proceeds expenditures on the Ruben Castro Human Services Center. Procedure 10 results state the following (page 14): We have included below, (prepared by the Successor Agency), a schedule detailing the computation of the Balance Available for Allocation to Affected Taxing Entities from "All funds except the Low—Mod 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. However, we noticed that the Successor Agency did not add back the $5,502,665 spent in Capital Outlay after January 31, 2012 shown in Procedure 3.13 for the reasons indicated under Procedure 3.0 results in the same line item. The accompanying schedule does contain a payment to the County Auditor-Controller on July 12, 2012 as directed by the California Department of Finance that was verified by the independent accountant. Staff is requesting that the Oversight Board set a special meeting on Tuesday, January 8, 2013 to consider approval of this Due Diligence Report. State code has a deadline of January 15, 2013. Staff requests that this meeting be the only meeting for January 2013. A separate agenda item is schedule to consider this recommendation. 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 2 Oversight Board to the Successor Agency December 18, 2012 Page 3 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. (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 3 Oversight Board to the Successor Agency December 18, 2012 Page 4 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 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 4 Oversight Board to the Successor Agency December 18, 2012 Page 5 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 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. 5 Oversight Board to the Successor Agency December 18, 2012 Page 6 (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 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. Hold 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 All Other Funds except the Low and Moderate Income Housing Fund 2. Adopt Resolution No. OB-2012- receiving the report and setting a date to consider approval. 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 All Other Funds except 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 MEETING OF DECEMBER 18, 2012, RECEIVING INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON PROCEDURES FOR DUE DILIGENCE REVIEW PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.5 FOR ALL OTHER FUNDS EXCEPT THE LOW AND MODERATE INCOME HOUSING FUND AND SETTING THE DATE FOR CONSIDERATION OF APPROVAL WHEREAS, Section 34179 (e) of the Health and Safety requires all actions taken by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by resolution; and WHEREAS, on December 18, 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 All Other Funds except the Low and Moderate Income Housing Fund was submitted to the Oversight Board for its review (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 All Other Funds except the Low and Moderate Income Housing Fund is hereby received, SECTION 2. The Oversight Board held 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 All Other Funds except the Low and Moderate Income Housing Fund. SECTION 3. The date of , 2013 is hereby set for the consideration of the approval of the Independent Accountant's Report on Applying Agreed-Upon Procedures for Due Diligence Review Pursuant to Health and Safety Code Section 34179.5 for All Other Funds except the Low and Moderate Income Housing Fund. SECTION 4. 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 18th day of December, 2012. Bruce Hamous, Chair ATTEST: Maureen Benson, City Clerk 8 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 HSS CODE SECTION 34179.5 ALL OTHER FUNDS AGREED-UPON PROCEDURES TABLE OF CONTENTS Independent Accountant's Report on Applying Agreed-Upon Procedures.....................................................................1 Attachment A: Agreed-Upon Procedures .......................................................................................................................2 Attachment3.................................................................................................................................................................16 Attachment4.................................................................................................................................................................17 Attachment6.................................................................................................................................................................18 Attachment7.................................................................................................................................................................19 Attachment9 ................................................................................................................................................................20 ' 10 MMROGERS,ANDERSON, MALODY&SCOTT, LLP ®® CERTIFIED PUBLIC ACCOUNTANTS.SINCE 1 948 735 E.Carnegie Dr Suite 100 San Bernardino,CA 92408 Oversight Board of the Successor Agency for the 909 889 0871 T Agency of the City Redevelopment A of Moorpark 909 889 5361 F p g y y p ramscpa.net 799 Moorpark Ave. Moorpark, CA 93021 PARTNERS Brenda L Odle.CPA,MST Terry P. Shea,CPA INDEPENDENT ACCOUNTANT'S REPORT Kirk A Franks.CPA ON APPLYING AGREED-UPON PROCEDURES Matthew B.Wilson.CPA,MSA,CGMA Scott W. Manno,CPA Leena Shanbliag.CPA.MST We have performed the minimum required agreed-upon procedures enumerated in Jay H.Zercher.CPA(Retired) Attachment"A", which were agreed to by the Oversight Board of the Successor Agency Phillip H Waller',CPA(Retired) for the Redevelopment Agency of the City of Moorpark, the California State Controller's Office and the State of California Department of Finance (Agencies) solely to assist you MANAGERS;STAFF to determine the unobligated balances available for transfer to taxing entities in "All Nancy O'Rafferty.CPA,MBA Other Funds except the Low-Mod Fund (All Other Funds)" complying with statutory B adrer d A.Welebir,CPA,MBA requirements pursuant to the California Health and Safety Code section 34179.5. Jenny Liu,CPA.MST Kane L Millsom.CPA Management of the Successor Agency is responsible for the accounting records P.,pa Matar Thiaw,CPA,MBA pertaining to statutory compliance pursuant to Health and Safety Code section Maya S Ivanova.CPA,MBA 34182(a)(1). Danielle E Odgers.CPA William C. Clayton,CPA This agreed-upon procedures engagement was conducted in accordance with Peter E.Murray.CPA attestation standards established by the American Institute of Certified Public Genivrve Schwarzkopf,CPA Accountants. The sufficiency of these procedures is solely the responsibility of those Megan Hackney.CPA Seen,-Hyea Lee.CPA,MBA parties specified in the report. Consequently, we make no representation regarding the Charles De Simoni.CPA 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, MEMBERS and is not intended to be, and should not be used by anyone other than these specified .American Institute of parties. This restriction is not intended to limit distribution of this report, which is a Cert1hed Public Accountants matter of public record. PCPS The AICPA Alliance jor CPA Films Governmental Audit Quality ecnter 1�5L44) l 0 l 0a y c S c�vr CaHDrnia Soaety of J Cer plied Public Accountants December 10, 2012 STABILITY. ACCURACY. TRUST. 11 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS AGREED-UPON PROCEDURES Attachment A Purpose: To determine the unobligated balances available for transfer to taxing entities "All Other Funds except the Low-Mod Fund (All Other Funds)". [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: We obtained 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. We agreed the amounts on this listing to account balances established in the accounting records of the Successor Agency. The amount of the assets transferred to the Successor Agency as of that date was $ 28,264,266. See below a detailed schedule of the assets transferred. Area 1 Operations MRA 2001 Bonds MRA 2006 Bonds 1999 TABS Fund 2001 TABS Funtl 2006 TABS Funtl Assets from Proceeds Proceeds 1999 Wide Total Assets 21112012 2/1/2012 2/1/2012 21112012 211/2012 211/2012 2/1/2012 BOA MRA $ 1,471.308 $ 494,165 $ 5,139,644 $ - $ - $ - $ - $ 7,105,117 Petty Cash 1,500 - - - - - - 1,500 Cash with Fiscal Agent - - - 890,879 872,646 776,167 - 2,539 692 Land Held for Resale 5,880,519 4,822,347 526,760 - - - - 11.229,626 Accounts Receivable - - - - - - Loans Receivable - - - - - - - - Construction in Progress - - - - - - 6,958,561 6,958,581 Amortizable Deferred _ _ - - - - 429,750 429,750 Charge Asset Total Assets $ 7,353,327 $ 5,316,512 $ 5,666,404 $ 890,879 $ 872,646 $ 776,167 $ 7,388,331 $28,264,266 2 12 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS 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: According to Successor Agency Officials, there were no asset transfers from the former redevelopment agency to the City or County 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 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 asset transfers from the Successor Agency of the former redevelopment agency to the City or County 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 Applicable"since 2.A and 2.B were not performed. 3 13 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS 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: See Attachment 3 for listing obtained from 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 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: See Attachment 3 for listing obtained from the Successor 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 3 for results of procedure 3.C. 4 14 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS 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. Results: See Attachment 4 for a summary, obtained from the Successor Agency, 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. 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. Results: We ascertained that for each period presented the total of revenues, expenditures, and transfers fully accounted 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. Results: We compared the 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 and noted no variances. 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: We compared the amounts in the schedule for the other fiscal periods presented to account balances in the accounting records or other supporting schedules. For balances of 2010 and 2011 fiscal years we compared to the Audited Financial Statements for those periods. For the balances at 113112012 and 0613012012 we compared to the trial balances of the former redevelopment agency and successor agency respectively. 5 15 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT HSS CODE SECTION 34179.5 ALL OTHER FUNDS 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: We obtained from the Successor Agency 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) as of June 30, 2012. We agreed the assets so listed to recorded balances reflected in the accounting records of the Successor Agency. See below for schedule obtained from the Successor Agency. Successor Assets Agency 6/30/2012 Cash and Investments $ 2,760,385 Cash with Fiscal Agent 1,901,043 Accounts Receivable 3,445 Land Held for Resale 11,248,855 Capital Assets-Construction In Progress 12,625,825 Deferred Charge Asset- Unamortized Cost 412,897 Total $ 28,952,450 6 16 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS 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: See Attachment 6 for results of procedures 6.i, 6.ii, and 6.iii. 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, there were no Grants Proceeds or Program Income 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 the Successor Agency as restricted. Results: According to Successor Agency, there were no other assets considered to be legally restricted 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 ALL OTHER FUNDS 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. See Attachment 6 for results of procedure 6.D. 8 18 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS 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. Results: We obtained from the Successor Agency a listing of assets as of June 30, 2012 that are not liquid or otherwise available for distribution. We ascertained that the assets as stated are based on book value as reflected in the accounting records of the Successor Agency. See Attachment 7 for listing of assets obtained from 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. Results: We traced the amount to the Successor Agency's records noting no 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. Results: We noted no differences in Procedure 7.(i3). 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: Procedure 7.(D) is not applicable since the assets identified in procedure 7.(A) are not listed at estimated market value. 9 19 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS 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. 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. Results. The Successor Agency did not identify any assets balances to be retained under this procedure. 10 20 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS 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. The Successor Agency believes that future revenues together with balances dedicated or restricted to an enforceable obligation are sufficient to fund obligations. 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 Successor Agency believes that projected property tax revenues and other general purpose revenues to be received by the Successor Agency are sufficient to pay bond debt service payments. 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 ALL OTHER FUNDS 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. 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. Results: This step is "not applicable"since steps 8.A, 8.B, or 8.0 were not performed. 12 22 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS 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: See Attachment 9 for listing and explanations from the Successor Agency of cash balances needed to be retained and its corresponding enforceable obligation in the ROPS 2 (July 1, 2012 to December 31, 2012) and in the ROPS 3(January 1, 2013 to June 30, 2013). 13 23 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS 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 below, (prepared by the Successor Agency), a schedule detailing the computation of the Balance Available for Allocation to Affected Taxing Entities from "All funds except the Low—Mod 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. However, we noticed that the Successor Agency did not add back the$5,502,665 spent in Capital Outlay after January 31, 2012 shown in Procedure 3.B for the reasons indicated under Procedure 3.0 results in the same line item. The accompanying schedule does contain a payment to the County Auditor-Controller on July 12, 2012 as directed by the Califomia Department of Finance that was verified by the independent accountant. SUMMARY OF BALANCES AVAILABLE FOR ALLOCATION TO AFFECTED TAXING ENTITIES Total amount of assets held by the successor agency as of June 30,2012(See Procedure 5 for detailed composition) $ 28,952,450 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(See Procedures 2 and 3 for detailed composition) - Less:assets legally restricted for uses specified by debt covenants,grant restrictions,or restrictions imposed by other governments(See Procedure 6 for detailed composition) (3,188,595) Less:assets that are not cash or cash equivalents (e.g.,physical assets)-(See Procedure 7 for detailed composition) (24,291,022) Less:balances that are legally restricted for the funding of an enforceable obligation(net of projected annual revenues available to fund those obligations)-(See Procedure 8 for detailed composition) Less:balances needed to satisfy ROPS for the 2012-13 fiscal year(See Procedure 9 for detailed composition) (1,455,850) Less:the amount of payments made on July 12,2012 to the County Auditor-Controller as directed by the California Department of Finance (16,983) Amount to be remitted to county for disbursement to taxing entities $ 14 24 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT HSS CODE SECTION 34179.5 ALL OTHER FUNDS 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 December 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 ALL OTHER FUNDS AGREED-UPON PROCEDURES Attachment 3 3 A.Transfers from the former redevelopment agency to Other Public Agency/Private Parties from January 1,2011 through January 31,2012 OTHER PUBLIC AGENCY Enforceable Obligation or Other Legal TRANSFER DESCRIPTION TRANSFER AMOUNT TRANSFER DATE Requirement Procedure 3.0 Results OR PRIVATE PARTIES Required by 1999 Tax Allocation Bonds Debt Service Payment for interests and principal $ 768,506 April 1 and Oct 1,2011 Bank of New York Melon Band Indenture Document provided consisted of the Bond Indenture and Official Statement. 2001 Tax Allocation Bonds Debt Service Payment for Interests and principal 602,432 April 1 and Oct 1,2011 Bank of New York Melon Band Indenture Document provided consisted of the Bond Indenture and Official Statement. 2006 Tax Allocation Bonds Debt Service Payment for interests and principal 546,712 April 1 and Oct 1,2011 Bank of New York Melon Bond Indenture Document provided consistedofthe Bond Indenture and Official Statement. Pass-Through Payment 58,507 06130/2011 Ventura County Community College Pass-Through Agreement Document provided consistedofthe Pass-through Agreement and the Finance Department calculation ofthe pass. District through amount. Pass-Through Payment 29,623 01/3112012 Ventura County Community College Pass-Through Agreement Document provided consistedofthe Pass-through Agreement and the Finance Department calculation of fhe pass- District through amount. Pass-Through Payment 2,602,722 11/28/'2011 County of Ventura Auditor Controller Pass-Through Agreement Document provided consisted of the Pass-through Agreement and the Finance Department calculation of the pass- through amount. Pass-Through Payment 119,967 11128/2011 County of Ventura Auditor Controller Pass-Through Agreement Document provided consisted ofthe Pass-through Agreement and the Finance Department calculation ofthe pass- mrough amount. - Pass-Through Payment 117,071 11/28/2011 County of Ventura Auditor Controller Pass-Through Agreement Document provided consisted of the Pass-through Agreement and the Finance Department calculation of the pass- through amount. Pass-Through Payment 114,107 11/282011 County of Ventura Auditor Controller Pass-Through Agreement Document provided consistedofthe Pass-through Agreement andthe Finance Department calculation ofthe pass- through amount Total Transfers $ 4,959,653 3 B.Transfers from the Successor Agency to Other Public Agency/Private Parties from February 1,2012 through June 30,2012 OTHER PUBLIC AGENCY Enforceable Obligation or Other Legal TRANSFER DESCRIPTION TRANSFER AMOUNT TRANSFER DATE Procedure 3.0 Results OR PRIVATE PARTIES Required by 1999 Tax Allocation Bonds Debt Service Payment for Interests $ 108,956 April 1,2012 Bank of New York Melon Bond Indenture Document provided consisted of the Bond Indenture and Official Statement. 2001 Tax Allocation Bonds Debt Service Payment for interests 293,382 April 1,2012 Bank of New York Melon Bond Indenture Document provided consisted of the Bond Indenture and Official Statement 2006 Tax Allocation Bonds Debt Service Payment for interests 252,631 April 1,2012 Bank of New York Melon Bond Indenture Document provided consisted of the Bond Indenture and Official Statement. Pass-Through Payment 157,809 02/29/2012 Count of Ventura Auditor Controller Pass-Through A Document provided consisted of the Pass-through Agreement and the Finance Department calculation of the pass- 9 Y y g Agreement through amount. The independent a—untanf noticed that these transfers were disallowed by the DOF on its letter to the Successor Agency dated May 27,2012.Per Successor Agency Officials:..the mentioned line items are consistent with AS Capital Outlay-Several Contracts 5,502,665 Between 1/31/2012 8 Several contractors and private parties ROPS 1-Page 2 Items 1484.The funds used to pay for these items were considered to be unspent bonds proceeds for a specific purpose 6/30/2012 accordance to the bond documents.The Successor Agency expects to have the disallowance determination reversed because AS 1484 and Health and Safety Code 34191.4"finding of completion Meanwhile,the Successor Agency kept the project ongoing and intends to M1nahze it Total Transfers $ 6,315,443 16 N Ol REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT HSS CODE SECTION 34179.5 ALL OTHER FUNDS AGREED-UPON PROCEDURES Attachment 4 Redevelopment Redevelopment Redevelopment Successor Agency Agency Agency Agency 12 Months Ended 12 Months Ended 7 Months Ended 5 Months Ended 6/30/2010 6130/2011 1/31/2012 6/30/2012 Assets(modified accrual basis) Cash and Investments $ 15,415,672 $ 12,594,195 $ 7,116,867 $ 2,760,385 Imprest Cash 1,500 1,500 1,500 - Cash with Fiscal Agent 2,178,925 1,884,771 2,539,692 1,901,043 Accounts Receivable 25,894 19,830 4,108 3,445 Interest Receivable 1,281,499 20,745 - - Loan&Notes Receivable 2,053,616 616,384 1,792,884 Due from Other Funds 350,000 - - - Land Held for Resale 19,428,853 20,795,867 19,544,422 11,248,855 Total Assets $ 40,735,959 $ 35,933,292 $ 30,999,473 $ 15,913,728 Liabilities(modified accrual basis) Accounts Payable $ 3,034,897 $ 3,804,269 $ 1,324,419 $ 2,458,889 Accrued Interest Payable - - - 327,485 Accrued Wages and Withholdings 15,410 17,670 - Due to City of Moorpark 124,686 764,634 - Due to other Funds 350,000 - - - Deferred Revenue 3,306,797 616,384 1,792,884 500 Deposits 11,750 11,750 - - Total Liabilities 6,843,540 5,214,707 3,117,303 2,786,874 Equity 33,892,419 30,718,585 27,882,170 13,126,854 Total Liabilities+Equity $ 40,735,959 $ 35,933,292 $ 30,999,473 $ 15,913,728 Total Revenues: $ 7,187,207 $ 8,641,030 $ 4,467,392 $ 237,064 Total Expenditures: 10,032,944 11,814,864 6,005,672 6,663,444 Total Transfers: - - 32,174 - Net change in equity: (2,845,737) (3,173,834) (1,570,454) (6,426,380) Beginning Equity: 36,738,156 33,892,419 29,452,624 19,553,234 Ending Equity: $ 33,892,419 $ 30,718,585 $ 27,882,170 $ 13,126,854 Other Information(show year end balances for all three years presented): Capital assets as of end of year $ - $ - $ 6,958,581 $ 12,625,825 Long-term debt as of end of year 28,710,000 28,155,000 27,575,000 27,575,000 17 27 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS AGREED-UPON PROCEDURES Attachment 6 S.A.Listing of Unspent Bond Proceeds as of June 30,2012 Successor Agency Asset Description Redevelopment TOTAL Procedure fi.ii Results Procedure 6.iii Results Procedure 6 D Results Bonds Cash with Fiscal Agent Reserve Account 1999 TABS $ 787,420 We traced the amounts specified to the trial Document provided consisted of the Bond Indenture and Restrictions are in effect until the related assets are expended for their intended balances of the Successor Agency. Official Statement purpose to comply with bond documents. Cash with Fiscal Agent Reserve Account 2001 TABS 584,675 We traced the amounts specified to the trial Document provided consisted of the Bond Indenture and Restrictions are in effect until the related assets are expended for their intended balances of the Successor Agency. Official Statement. purpose to comply with bond documents. Cash with Fiscal Agent Reserve Account 2006 TABS 528,948 We traced the amounts specified to the trial Document provided consisted of the Bond Indenture and Restrictions are in effect until the related assets are expended for their intended balances of the Successor Agency. Official Statement purpose to comply with bond documents. Unspent Bonds Proceeds-Cash 2001 TABS 398,280 We traced the amounts specified to the trial Document provided consisted of the Bond Indenture and Restrictions are in effect until the related assets are expended for thew intended balances of the Successor Agency. Official Statement purpose to comply with bond documents. Unspent Bonds Proceeds-Cash 2008 TABS 889,272 We traced the amounts specified to the trial Document provided consisted of the Bond Indenture and Restrictions are in effect until the related assets are expended for their intended balances of the Successor Agency. Official Statement purpose to comply with bond documents. Total Asset Balances $ 1,188,596 18 N Co REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS AGREED-UPON PROCEDURES Attachment 7 7. Listing of Assets Not Liquid or Available for Distribution as of June 30,2012 Successor Assets Not Liquid Agency 6/30/2012 Accounts Receivable $ 3,445 Land Held for Resale 11,248,855 Capital Assets-Construction In Progress 12,625,825 Deferred Charge Asset-Unamortized Cost 412,897 Total Assets Not Liquid $ 24,291,022 19 29 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DUE DILIGENCE REVIEW PURSUANT H&S CODE SECTION 34179.5 ALL OTHER FUNDS AGREED-UPON PROCEDURES Attachment 9 9.Balances Needed to be retained to satisfy future ROPS Item number Amount due from July (t)dollar amounts of existing cash that 12)explanation as to why the Successor on ROPS 2 Project Name/Debt Obligation Payee 1,2012 to December 31, to satisfy that obligation Agency believes that such balances are needed to satisfy the are liar am 2012 obligation 1 1999 Tax Allocation Bonds Bank of New York $ 658,956 $ 658,956 Make the bond debt service payment for October 1,2012. Successor Agency received only$96,444 in RPTTF money in June 2012. Make the bond debt service payment for October 1,2012. Successor 2 2001 Tax Allocation Bonds Bank of New York 313,382 313,382 Agency received only$96,444 in RPTTF money in June 2012. 3 2006 Tax Allocation Bonds Bank of New York 287,631 287,631 Make the bond debt service payment for October 1,2012. Successor Agency received only$96,444 in RPTTF money in June 2012. Total to be retained to pay for ROPS 2 enforceable obligations: $ 1,259,969 Item number Amount due from (1)dollar amounts of existing cash that 121 explanation as to why the Successor on ROPS 3 Project Name/Debt Obligation Payee January 1,2013 to June are needed to satisfy that obligation Agency believes that such balances are needed to satisfy the 30,2013 obligation 1 1999 Tax Allocation Bonds Bank of New York $ 95,550 $ 95,550 Make the bond debt service payment for April 1,2013. Successor Agency received only$96,444 in RPTTF money in June 2012. 2 2001 Tax Allocation Bonds Bank of New York 292,937 100,331 Make the bond debt service payment for April 1,2013. Successor Agency received only$96,444 in RPTTF money in June 2012. Total to be retained to pay for ROPS 3 enforceable obligations: $ 195,aa1 Total to be retained to pay for ROPS 2&ROPS 3 enforceable obligations: $ 1,455,850 20 LO CD OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MEETING ITEM 6.13. of -- ACTION: BY: OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Honorable Board Members �/ FROM: Maureen Benson, City Clerk �� DATE: December 13, 2012 (OB Meeting of 12/18/12) SUBJECT: Consider a Resolution Calling a Special Oversight Board Meeting for January 8, 2013 and Cancellation of the January 15, 2013 Regular Meeting DISCUSSION As discussed in a separate agenda report at this meeting, staff is requesting the Oversight Board call a special meeting for Tuesday, January 8, 2013, at 3:30 p.m. to consider the approval vote of the Independent Accountant's Report on Applying Agreed-Upon Procedures for Due Diligence Review Pursuant to Health and Safety Code Section 34179.5 for "All Other Funds except the Low and Moderate Income Housing Fund". Any other agenda items to be considered by the Board in January would be scheduled for the January 8 special meeting. The Board may wish to consider cancelling the regular Oversight Board meeting scheduled for January 15, 2013. STAFF RECOMMENDATION Adopt Resolution No. 2012-OB-_ scheduling a special Oversight Board meeting for 3:30 p.m. on Tuesday, January 8, 2013, and canceling the January 15, 2013, regular Oversight Board meeting. Attachment: Resolution No. 2012-OB-_ 31 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 REGULAR MEETING OF DECEMBER 18, 2012, DIRECTING STAFF TO SCHEDULE A SPECIAL OVERSIGHT BOARD MEETING FOR JANUARY 8, 2013 AND TO POST A NOTICE OF MEETING CANCELLATION FOR THE JANUARY 15, 2013, REGULAR OVERSIGHT BOARD MEETING WHEREAS, Section 34179 (e) of the Health and Safety Code requires all actions taken by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by resolution; and WHEREAS, at the December 18, 2012, regular meeting the Oversight Board was submitted with a request to call a special meeting for 3:30 p.m. on Tuesday, January 8, 2013 to consider an approval vote 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 "All Other Funds except the Low and Moderate Income Housing Fund"; and a request to cancel the regular meeting of the Oversight Board scheduled for January 15, 2013 (Agenda Item 6.B.). NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Schedule a special meeting of the Oversight Board for Tuesday, January 8, 2013, at 3:30 p.m. SECTION 2. Direct staff to post a notice of cancellation for the January 15, 2013, regular Oversight Board meeting. SECTION 3. 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 18th day of December, 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 /02-/If-0101A ITEM 7.A. ACTION: BY: D . 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 DATE: November 29, 2012 (OB Meeting of 12/18/12) SUBJECT: Consider Special Oversight Board Meeting Minutes for October 30, 2012 BACKGROUND AND DISCUSSION Staff has prepared meeting minutes for the Special Oversight Board meeting of October 30, 2012. STAFF RECOMMENDATION Adopt Resolution approving the Special Oversight Board meeting minutes of October 30, 2012. Attachments: 1-Special Oversight Board meeting draft minutes of October 30, 2012 2-Draft Resolution 33 MINUTES OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY COUNCIL Moorpark California October 30, 2012 A Special Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark was held on October 30, 2012, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1 . CALL TO ORDER: Chairperson Hamous called the Special Oversight Board meeting to order at 3:33 p.m. 2. PLEDGE OF ALLEGIANCE: Board Member Creig Nicks led the Pledge of Allegiance. 3. ROLL CALL: Present: Board Members Kasper, Nicks, Parvin, Priestley, and Chairperson Hamous. Absent: Board Member Burgh and Board Member Ingram. Staff Present: Steven Kueny, Executive Director; David Bobardt, Community Development Director; Ron Ahlers, Finance Director; David Moe, Redevelopment Manager; and Maureen Benson, City Clerk. 4. PUBLIC COMMENT: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Board to pull Items 7.13. and 7.C. from the Consent Calendar for individual consideration upon the request of Board Member Nicks. 6 PRESENTATION/ACTION/DISCUSSION: A. Consider Resolution Approving Independent Accountant's Report on Apply ng 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. 013-2012-26. 34 Minutes of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark California Page 2 October 30, 2012 Mr. Ahlers gave the staff report. There were no speakers. MOTION: Board Member Nicks moved and Board Member Kasper seconded a motion to adopt Resolution No. OB-2012-26 approving 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. The motion carried by voice vote 5-0, Board Member Burgh and Board Member Ingram absent. 7. CONSENT CALENDAR: MOTION: Board Member Parvin moved and Board Member Nicks seconded a motion to approve the Consent Calendar with the exception of Items 7.13. and 7.C, which were pulled for individual consideration. The motion carried by voice vote 5-0, Board Member Burgh and Board Member Ingram absent. A. Consider Resolution Approving Minutes of Regular Meeting of October 16, 2012. Staff Recommendation: Adopt Resolution No. OB-2012-27, approving the. The following items were pulled for individual consideration. 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. OB-2012-28. In response to Board Member Nicks, Mr. Ahlers clarified that BOPS I, II, and III have been approved by the Department of Finance; however the Amendments to ROPS II and III have been denied. MOTION: Board Member Nicks moved and Board Member Parvin seconded a motion to adopt Resolution No. OB-2012-28 to receive and file the Status Update on Recognized Obligation Payment Schedule (ROPS) submittals to the State of California Department of Finance. The motion carried by voice vote 5-0, Board Member Burgh and Board Member Ingram absent. 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-2012-29. 35 Minutes of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark California Page 3 October 30, 2012 In response to Board Member Nicks, Mr. Kueny stated the Agreement to transfer the Ruben Castro Human Services Center project to the City of Moorpark as approved by the Oversight Board in May is proceeding with payments coming out of the bond proceeds. He further stated the City will take whatever action is necessary in the future to make sure the payments continue to be made. MOTION: Board Member Nicks moved and Board Member Parvin seconded a motion to adopt Resolution No. OB-2012-29 receiving the Independent Accountant's Report on Applying Agreed-Upon Procedures Pursuant to ABx1 26, Community Redevelopment Dissolution. The motion carried by voice-vote 5-0, board Member burgh and Board Member Ingram absent. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. Announcements. 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. Board Member Nicks requested the quarterly reports on the bond expenses be provided at a meeting in December. Board Member Nicks reminded the Board that Mr. Azkenazy will be scheduled to address the Oversight Board Ad Hoc Committee. Discussion followed regarding the need for Special meetings in December and the possibility of a future agenda item to cancel the December 18 meeting. 9. ADJOURNMENT: MOTION: Board Member Parvin moved and Board Member Kasper seconded a motion to adjourn the meeting. The motion carried by voice vote 5-0, Board Member Burgh and Board Member Ingram absent. The time was 3:58 p.m. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 36 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 REGULAR MEETING OF DECEMBER 18, 2012, APPROVING THE SPECIAL OVERSIGHT BOARD MEETING MINUTES OF OCTOBER 30, 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 regular meeting of December 18, 2012, the Special Oversight Board meeting minutes of October 30, 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 Special Oversight Board meeting minutes of October 30, 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 18th day of December, 2012. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 37 OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MEETING ITEM 7.13. of 0/o2 ACTION: BY: L!'}� 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: December 11, 2012 (Oversight Board Meeting December 18, 2012) SUBJECT: Consider Resolution to Receive and File the Due Diligence Review Approval Letter from the State of California Department of Finance SUMMARY The State of California, Department of Finance (DOF) has responded to the Successor Agency's submittal of the Low and Moderate Income Housing Fund Due Diligence Review. DISCUSSION At the regularly scheduled meeting of October 16, 2012, the Oversight Board held 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. At a special meeting of the Oversight Board 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 approved. This same report was submitted to the County Auditor- Controller, State Controller and State Department of Finance. On November 27, 2012, the State Department of Finance issued a letter regarding the Low and Moderate Income Housing Fund Due Diligence Review, stating "there are no unencumbered LMIH balances available for distribution." FISCAL IMPACT None. 38 Oversight Board to the Successor Agency December 18, 2012 Page 2 STAFF RECOMMENDATION 1. Adopt Resolution No. OB-2012- , receiving the report. Attachments: 1. Low and Moderate Income Housing Fund Due Diligence Review letter from State Department of Finance 2. Resolution No. OB-2012- 39 tAT Op. ATTACHMENT 1 Z Q * DEPARTMENT OF EDMUNo G. BROWN JR. • GOVERNOR Ctq,, %P-F I N A N C E 91 5 L STREET■ 9ACRAMENT13 QA■95B T 4'3706 ■WWW.00F.CA.G0V November 27, 2012 Mr. David C. Moe 11, Redevelopment Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Moe: Subject: Low and Moderate Income Housing Fund Due Diligence Review The City of Moorpark Successor Agency(Agency) submitted an oversight board approved Low and Moderate Income Housing Fund Due Diligence Review (DDR) to the California Department of Finance (Finance) on November 2, 2012. The purpose of the review was to determine the amount of cash and cash equivalents available for distribution to the affected taxing entities. Since the Agency did not meet the October 15, 2012 submittal deadline pursuant to HSC section 34179.6 (c), Finance is not bound to completing its review and making a determination by the November 9, 2012 deadline pursuant to HSC section 34179.6 (d). However, Finance has completed its review of your DDR, which may have included obtaining clarification for various items. Based on our review, Finance made no adjustments to the Low and Moderate Income Housing Fund (LMIHF) balance available for allocation to the affected taxing entities. As a result, there are no unencumbered LMIHF balances available for distribution. Pursuant to HSC section 34167.5 and 34178.8, the California State Controller's Office (Controller) has the authority to claw back assets that were inappropriately transferred to the city, county, or any other public agency. Determinations outlined in this letter and Finance's Housing Assets Transfer letter dated August 27, 2012 do not in any way eliminate the Controller's authority. Please direct inquiries to Beliz Chappuie, Supervisor or Mindy Patterson, Lead Analyst at (916) 445-1546. Sincerely, STEVE SZALAY Local Government Consultant cc: Mr. Ron Ahlers, Finance Director, City of Moorpark Ms. Sandra Bickford, Chief Deputy, Ventura County Auditor Controller California State Controller's Office 40 Attachment 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 MEETING OF DECEMBER 18, 2012, RECEIVING THE LOW AND MODERATE INCOME HOUSING FUND DUE DILIGIENCE REVIEW LETTER FROM 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 December 18, 2012 the Low and Moderate Income Housing Fund Letter Due Diligence Review letter from 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 Low and Moderate Income Housing Fund Due Diligence Review letter from 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 18th day of December, 2012. Bruce Hamous, Chair ATTEST: Maureen Benson, City Clerk 41 OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MEETING of _ -If-0?0/0a- ACTION: ITEM 7.C'i. D/ - 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: December 12, 2012 (Oversight Board Meeting December 18, 2012) SUBJECT: Consider Resolution to Receive and File Bond Expenditure Report SUMMARY Per the request of the Oversight Board, attached is a two page listing of all bond expenditures from February 1, 2012 to November 30, 2012. The vast majority of the expenditures are from the 2006 Tax Allocation Bonds for the purpose of constructing the Ruben Castro Human Services Center. There is one expenditure from the 2001 Tax Allocation Bond issue in the amount of $95,884. This payment was to the Ventura County Public Works Agency for the storm drain permit. DISCUSSION At the special meeting of October 30, 2012, the Oversight Board requested a bond expenditure report. Staff has provided a two page summary of all the bond expenditures by month from February through November 2012. These expensed are listed by vendor and mainly concern the construction of the Ruben Castro Human Services Center. FISCAL IMPACT None. STAFF RECOMMENDATION 1. Adopt Resolution No. OB-2012- , receiving the report. Attachments: 1. Bond Expenditure Report 2. Resolution No. OB-2012- 42 ATTACHMENT 1 Sum of AMOUNT 7 8 9 10 11 Grand Total FY FUND NAME VEND NAME JUL-2012 AUG-2012 SEP-2012 I OCT-2012 NOV-2012 _ $ 1 754 BARNHART BALFOUR BEATTY - -- 92,914 1 560 -_ _ MPANY � --, 27,300� $ 170 216 - -- - RM CO - - ---- 138 ; ---- - - -- -- li 48 253 1 750 ' 12 2006 TAB PROCEECAZTEC_A LANDSCAPE 194 _ 1,572 $1,710- i BAY ALA _ - _ _ , BUR_KE WILLIAMS&SORENSEN LLP 51,019 $51 019 BEST CONTRACTING SERVICES INC ; _- _ - _- 22 140 21,265 56� ,-56 CENTER GLASS COMPANY $43,405 - ----- ---- 6 308 $35 CITY OF MOORPARK PETTY CASH - --- - - -- - - ---- ---- t -- - - -- 7- - 35 _ $6,308 COMPUWAVE - - - - + DAMAR CONSTRUCTION INC. 174,727 18,20_7 $ 192,934 EMPIRE CABLING, INC. �- 3,562 $3,562 - -- - - ENVIRONMENTAL HEATING/AIR CONDITION 21,411 2_6,064 _10,5_69_ $58,044 FYR LANDSCAPING INC. 9,900 ' 96,869 C $ 106,769 GILBERT, SCOTT 22,404 $22,404 - -- -- - - - - - -- - - --- - -� - -- ---- 1 HMC ARCHITECTS 11,313 22,014 ! $33,327 HOWARD INDUSTRIES 2,321 _ $2,321 JENSEN DESIGN &SURVEY INC. _31045 1,120 1 --------- _$4,165 JOHN PENCE BUILDING SPECIALTIES INC 21,506 15 409 _ $36,915 _-- ---- JOHN S. BASCOM INC. - - - -- 156,634 - - 24,865 --_ --- $ 181,4_99 K&Z CABINET CO. INC. 43,720 �_ 2,000 46,505 $92,226 -- _ KLEPIC, FREDERICK WADE 1,581 $ 1,581 -- - - - - - QUICK CRETE PRODUCTS CORP _ - $3,404 �_--- -- 475 $132,438 _ RELIABLE FLOOR COVERING INC 28,324 40,226 63,888 ---- ----- - -- r RIVERA, MARIE � $475 -- 2,323 $5,560 SARLS URIY INDUSTRIES 3,237 1,150 1 $ 1,150 -. - --� - -- -- -- - --- -- -- f--- --- - ----� SANTA_ CLARITA CONCRETE 47,948 ' 421,076 ! _ __$_469,02__4 STANDARD DRYWALL INC. 231,346 139,199y - _ 4 366 $ 11,722 _- 2,678_ 3,400 47 284 � -- 2,142 $370,545 f SPANGLER, KY _ 1,326 112,946 ----- $164,596_ ----- -- - 1 - - - TAFT ELECTRIC COMPANY, INC. - 174,576 21,928 72,628 $269,133 $7,648 TESTING ENGINEERS SOUTHWEST INC. 7,648 _ 64� --- 341 $406 2006 TAB PROCEEDS Total' , $1,326 $443,315 $893,097 $1,036,341 $72,270 $2,446,349 12 Total $ 1,326 $443,315 $893,097_ $ 1,036,341 $72,270 $2,446,349 Grand Total $362,592 $443,315 $893,097 $1,036,341 _ $72,270 $.7,961,745 \\DC1\Department Share\Finance\Ron Folder\MRA\State abolish RDAs\Oversight Board\Bond Pay Listing_2-1-12_to date/12/1212012 rA W ATTACHMENT 1 TC (All) CK# (Multiple Items) Sum of AMOUNT MO Month 2 3 4 5 6 7 FY FUND NAME VEND NAME FEB-2012 MAR-2012 APR-2012 MAY-2012 JUN-2012 JUL-2012 -- -- - Y 37,089-II _ 11 ,2006 TAB P_ROCEECIBARNHART BALFOUR BEATTY _ 1 98 255 T- - 141 648 55,099 BEST CONTRACTING SERVICES INC 1 540 282 531 54,116 61,892 !BURKE WILLIAMS&SORENSEN, LLP 95 70 - 1 720 - - DAMAR CONSTRUCTION INC. 17,145 10,755 - - - -- - 2,086 18,000 � - - - --- _ - -- _j -- �_ -- r - 2 98 - --- - 43,369 'I -- - CENTER GLASS COMPANY 7 55 692 63 - ------- - DIGITAL TELECOMMUNICATIONS 4,102 !� _ ENVIRONMENTAL HEATING/AIR CONDITION 94,611 'i, 65,294 22 215 40,684 FISHER, JOHN ---- - --- - - -r --- FEDERAL EXPRESS CORP - _ 37 - 5,742 6,428 83,470 _ _GAS COMPANY 4,595 JACINTO,VERONICA 20,200 ± 9194 9,224 86,654 --- --------- r - -4 20 -- --- �- _ _ - -- - I HMC ARCHITECTS _ � 25 450 - - JENSEN DESIGN&SURVEY INC. 913 6 2,825 2,158 16,633 - -i-- --- -- - --- -- - 2 - -- JOHN PENCE BUILDING SPECIALTIES INC 26,063 JOHN S. BASCOM INC. 75,231 ___ 129583 1 48,818 112 4871 494,13_3_ K&Z CABINET CO. INC. 5,432 ! 61,135 27,542 RELIABLE FLOOR COVERING INC - 46,156 55,577 61,894 ! RJR ENGINEERING GROUP 12,177 5,651_ SANTA CLARITA CONCRETE 72,659 46,170 126,000 7 31,095 -- ---- ----- SPANGLER, KY 2,219 3,094 2,567 2,652 3,349 1,326 ---- --- -- -- -- ---- _ STANDARD DRYWALL INC. I 155,683 271,419 330,961 558,411 _ 45,661 .- - ---- - --- i ----- ---- -- . -- _ _ STEELCON INC. _ TAFT ELECTRIC COMPANY, INC. 43,535 1 43,835 103,032 1 __69,631 - - --- - ------ - - TESTING ENGINEERS SOUTHWEST INC. 8,307 -- 9,561 5,429 228 11,207 - - - ------- - - ----- VENTURA COUNTY AIR POLLUTION 535 0 VENTURA COUNTY FIRE PROTECTION DIST 548 --- - - --- 2006 TAB PROCEEDS Total "$3941110.84 $969,479.18 `` $854,296.84 $1,127,173.24 $913,185.61 $361,265.67 2001 TAB PROCEE(VENTURA COUNTY PUBLIC WORKS AGENCY 95,884 2001 TAB PROCEEDS Total $95,884.28 11 Total $394,111 $ 969,479 $854,297 $ 1,223,058 $913,186 $361,266 \\DC1\Department Share\Finance\Ron Folder\MRA\State abolish RDAs\Oversight Board\Bond Pay Listing_2-1-12_to date/12/12/2012 ,A XA Attachment 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 MEETING OF DECEMBER 18, 2012, RECEIVING THE BOND EXPENDITURE REPORT 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 December 18, 2012 the Bond Expenditure Report 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 Bond Expenditure Report 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 18th day of December, 2012. Bruce Hamous, Chair ATTEST: Maureen Benson, City Clerk 45 OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MEETING of is "11f- �9011A ITEM 7_.1). ACTION: BY: OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to Successor Agency FROM: Hugh R. Riley, Assistant City Manager DATE: December 12, 2012 (Oversight Board Meeting of 12118/12) SUBJECT: Consider Draft Resolution Approving an Amendment No. 5 to Professional Services Agreement with Ky Spangler for Special Projects Consulting Services for the Ruben Castro Human Services Center through March 31, 2013 for a Maximum of Fifty (50) Additional Hours at a Rate of$36.00 Per Hour BACKGROUND & DISCUSSION Construction of the Ruben Castro Human Services Center (RCHSC) began in February, 2011. The physical construction process concluded in September, 2012, and tenants moved in and began providing services to the public. Though primary construction activities are complete, there will continue to be minor construction items to be addressed and managed, in addition to commencing and completing close-out process of the project. These activities will include: collecting and verifying all guarantee and warranty materials from the Construction Management staff ("Balfour-Beatty") and turn- over to City staff; addressing building equipment training needs; coordination of any warranty requests; completing all final amendments to construction contracts generated during the construction completion process; preparation of Notices of Completion for approval by City Council and recordation by the County; review and processing of retention payments when submitted by Balfour-Beatty including verification of all necessary releases; coordination with building tenants to address questions or issues during their initial weeks of tenancy; and other ancillary duties and miscellaneous tasks needed to finalize the project and associated documentation. Balfour-Beatty has indicated the importance of having a direct City contact to facilitate the processes required to achieve completion of all of the project close-out activities. A Special Projects Consultant was retained under a contract with the Redevelopment Agency of the City of Moorpark ("Redevelopment Agency") in February 2011 to oversee project needs during the construction process. The agreement with the Special Projects Consultant was extended by the Redevelopment Agency in June 2011 on a nineteen- 46 Oversight Board December 18, 2012 Page 2 hour per week basis to continue through April 20, 2012, when the project was initially expected to be complete and closed out. During the course of construction the decision to add a storm drain connection from the RCHSC to Spring Road was made, which extended the anticipated construction duration and estimated close-out timeframe beyond the April 2012 estimate. An extension of the agreement with the Special Projects Consultant through September 30, 2012, in an amount not-to-exceed $16,500 was presented to and approved by the Successor Agency to the Moorpark Redevelopment Agency in April, and approved by the Oversight Board, to provide for the completion and close-out of the project. These approval steps were taken in accordance with the requirements of ABx1 26 signed by the Governor on June 29, 2011 , which dissolved redevelopment agencies statewide, including the Redevelopment Agency. An additional extension of the agreement to December 31, 2012 was requested and approved by the Successor Agency to provide additional time to complete contract closeout activities. It is now apparent that project closeout work will continue for several months. Therefore, staff is requesting approval of an additional extension of the agreement with the Special Projects Consultant through March 31, 2013, at a rate of $36.00/hour for a maximum of 50 hours and an additional cost not to exceed $1,800, to complete the tasks relating to the project's final closeout. This is a $2.00/ hour increase effective January 1, 2013. If approved the extension will be presented to the Successor Agency for approval on December 19, 2012. This cost is an eligible expenditure per the most recent legislation passed (AB 1484) with respect to Redevelopment Agency dissolution activities. FISCAL IMPACT The Capital Improvement Budget (Fund 5020) for the Ruben Castro Human Services Center is $13,770,119. Sufficient funds exist in the budget to cover this work. Therefore, no additional funds need to be budgeted at this time. STAFF RECOMMENDATION Adopt Resolution No. OB-2012-_, approving the Fifth Amendment to the Professional Services Agreement with Ky Spangler for Special Projects Consulting Services for activities related to the construction of the Ruben Castro Human Services Center and authorize the City Manager to execute the Agreement, subject to final language approval of the City Manager and City Attorney. Attachment 1: Fifth Amendment to Professional Services Agreement Attachment 2: Draft Resolution No. 06-2012- 47 ATTACHMENT 1 FIFTH AMENDMENT TO AGREEMENT 2011-167 BETWEEN THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND KY SPANGLER FOR PROFESSIONAL SERVICES THIS FIFTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES ("Fifth Amendment"), is made and entered into this day of , 2013, ("the Effective Date") between the Successor Agency of the Redevelopment Agency of the City of Moorpark, pursuant to Section 34173 of the California Health and Safety Code as enacted by ABx1 26 ("Successor Agency"), and Ky Spangler, an individual, ("Consultant"). WITNESSETH: WHEREAS, on June 2, 2011, the Redevelopment Agency of the City of Moorpark and the Consultant entered into an Agreement for project management services; and WHEREAS, on August 1, 2011, the Redevelopment Agency of the City of Moorpark and the Consultant entered into a First Amendment to extend project management services through April 20, 2012; and WHEREAS, on June 29, 2011, the Governor signed ABx1 26, a bill that had as its sole purpose the dissolution of redevelopment agencies statewide; and WHEREAS, after litigation was brought to challenge the validity of ABx1 26, the Supreme Court of the State of California ruled on December 29, 2011, that ABx1 26 was Constitutional and a valid exercise of the legislative power of the State, and WHEREAS, on February 1, 2012, the Redevelopment Agency of the City of Moorpark was dissolved pursuant to the Supreme Court's modification of ABx1 26's dissolution date; and WHEREAS, on January 4, 2012, the City Council of the City of Moorpark adopted Resolution 2012-3079 designating the City of Moorpark as the Successor Agency ("Successor Agency") of the Redevelopment Agency of the City of Moorpark; and WHEREAS, by operation of Section 34173 of the Health and Safety Code, all authority, rights, powers, duties, and obligations of the former Redevelopment Agency of the City of Moorpark are vested in the Successor Agency, with certain statutory exceptions found elsewhere in ABx1 26, and Professional Services Agreement Page 1 of 3�8 Third Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler WHEREAS, the Successor Agency wishes to amend the Agreement to extend the term for which services will be provided; and WHEREAS, on April 17, 2012, the Oversight Board of the Successor Agency approved to extend the term for which project management services are to be provided under the existing Agreement for the Ruben Castro Human Services Center; and WHEREAS, on April 18, 2012, the City Council of the City of Moorpark, acting in its role as legislative body for the Successor Agency, approved to extend the term of the Agreement; and WHEREAS, on April 26, 2012, the Successor Agency and the Consultant entered into a Second Amendment to extend project management services through September 30, 2012; and WHEREAS, on September 18, 2012, the Oversight Board of the Successor Agency approved to extend the term for which project management services are to be provided under the existing Agreement for the Ruben Castro Human Services Center; and WHEREAS, on September 19, 2012, the City Council adopted a resolution declaring the Successor Agency as a separate entity; and WHEREAS, on September 19, 2012, the Successor Agency approved to extend the term of the Agreement through December 31, 2012; and WHEREAS, on December 12, 2012, the City Manager of the City of Moorpark approved Amendment No. 4 to the Agreement authorizing the temporary loan of a City laptop computer with City virtual private network (VPN) software installed for the purpose of permitting Consultant access to Ruben Castro Human Services related files through a temporary VPN connection; and WHEREAS, on December 18, 2012, the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark approved to extend the term of the Agreement through March 31, 2013. WHEREAS, on December 19, 2012, the Successor Agency approved to extend the term of the Agreement through March 31, 2013. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto AMEND the aforesaid Agreement as follows: I. Section 1, TERM of the Agreement is amended in its entirety as follows: Professional Services Agreement Page 2 of 34 9 Third Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler Consultant's term is extended from December 31, 2012, to March 31, 2013, unless otherwise amended pursuant to Section 25 (AMENDMENTS) or terminated or suspended pursuant to the terms of Section 6 (TERMINATION OR SUSPENSION WITHOUT CAUSE) of the Agreement executed on June 2, 2011. II. Section 2, SCOPE OF SERVICES, Paragraph 2, of the Agreement is amended entirely as follows: Compensation for services to be performed by Consultant shall be thirty-six dollars ($36.00) per hour for work directly related to the list of assignments set forth in the Scope of Services, Exhibit 1. Compensation to Consultant shall not exceed nineteen (19) hours per week without written authorization of the Agency Executive Director. Under no circumstances shall Consultant exceed a total of fifty (50) hours for the revised term of this agreement through March 31, 2013. Payment to the Consultant shall be made in accordance with the provisions of this agreement. III. Remaining Provisions All other terms and conditions of the original Agreement shall remain in full force and effect. The effective date of this Fifth Amendment shall be January 1, 2013. SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK KY SPANGLER By: By: Steven Kueny Ky Spangler City Manager ATTEST: Maureen Benson, City Clerk Professional Services Agreement Page 3 of 3 Third Amendment Between the Successor Agency of the Redevelopment Agency of the City of Moorpark and Ky Spangler 50 EXHIBIT 1 SCOPE OF SERVICES ADMINISTRATIVE AND MANAGEMENT SERVICES A. Services The following services are to be performed by the CONSULTANT: 1. Continue coordination and management efforts related to the construction of the Ruben Castro Human Services Center ("RCHSC"), including but not limited to attendance of weekly meetings with the Construction Manager and/or Architect as necessary, general coordination of project-related needs, and other project-related duties as assigned. 2. Manage contracts for the construction of the RCHSC and submit all invoices to the City for approval and payment. CONSULTANT does not have the authority to spend City or Agency funds without prior approval by City Manager/Executive Director or his designee. 3. Continue activities relative to the Section 3 of the Community Development Block Grant Program compliance for the RCHSC. 4. Prepare and submit required Quarterly Status Reports for the Community Development Block Grant program relative to funds received for the RCHSC. 5. Attend regular meetings with the Executive Director or his designee. 6. Assemble and maintain records that are customarily maintained for the above listed project. Such records shall at all times be the property of the Agency and shall be open for Agency inspection. 7. Other duties may be assigned in writing to CONSULTANT as desired by the Executive Director or his designee. B. Monthly Status Reports CONSULTANT shall provide the AGENCY a written Monthly Status Report detailing all activities on the first and third Wednesday of each month. C. Performance Targets AGENCY shall periodically monitor the progress of work performed by the CONSULTANT. Said monitoring shall be the responsibility of the Executive 51 Director his designee. D. Nature of Services: It is understood that CONSULTANT's services are being provided to AGENCY using the best knowledge, experience and expertise of the CONSULTANT to efficiently manage Agency projects. However, CONSULTANT shall not be responsible for the accuracy, performance, or actions of the AGENCY, or other consultants, contractors, utilities, other public agencies or any other person(s). 52 Attachment 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 REGULAR MEETING OF DECEMBER 18, 2012, APPROVING AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KY SPANGLER FOR SPECIAL PROJECTS CONSULTING SERVICES WHEREAS, Section 34179(e) of the Health and Safety Code requires all actions taken by the Oversight Board of the Successor Agency of the City of Moorpark be adopted by resolution; and WHEREAS, at the regular meeting of December 18, 2012, the Amendment to the Professional Services Agreement with Ky Spangler for Special Projects Consulting Services was submitted to the Oversight Board for approval (Agenda Item 7.D.). 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 Amendment to Professional Services Agreement with Ky Spangler for Special Projects Consulting Services. SECTION 2. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 18th day of December, 2012. Bruce Hamous, Chair ATTEST: Maureen Benson, City Clerk 53