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HomeMy WebLinkAboutAG RPTS 2013 0219 OB REG Resolution No. OB-2013-39 OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK REGULAR MEETING AGENDA TUESDAY, FEBRUARY 19, 2013 3:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PUBLIC COMMENT: S. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Oversight Board Rules of Procedure,Section 2.9,Items to be withdrawn from the Consent Calendar shall be identified at this time.) 6.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 Resolution Adopting the Recognized Obligation Payment Schedule (ROPS 13-14A) for July 1, 2013 to December 31, 2013. Staff Recommendation: 1)Adopt Resolution No. OB-2013-_; and 2) Direct staff to transmit the approved ROPS, with the signature of the Chairperson,to the State of California (Department of Finance, State Controller's Office), Ventura County Auditor-Controller and post to the City's website, as per the legislation [Health and Safety Code, Section 34177(k)(2)(C)]. ROLL CALL VOTE REQUIRED (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.moornark.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 February 19, 2013 Page 2 7. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Resolution Approving Minutes of Special Meeting of January 8, 2013. Staff Recommendation: Adopt Resolution No. OB-2013-_ B. Consider Resolution Approving Administrative Budget 13-14A. Staff Recommendation: Adopt Resolution No. OB-2013-_. ROLL CALL VOTE REQUIRED (Staff: David Moe) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. Announcements. B. Future Agenda Items. 9. ADJOURNMENT: Dated: February 15, 2013. 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 11). Regular Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark February 19, 2013 Page 3 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the City Clerk of the City of Moorpark and that a notice for a Regular Meeting of Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark to be held Tuesday, February 19, 2013, at 3:30 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California,was posted on February 15, 2013, 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 February 15, 2013. Maureen Benson, City Clerk OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY of OF THE CITY OF MOORPARK MEETING ITEM 6.A. ACTION: BY: OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to the Successor Agency FROM: Ron Ahlers, Finance Director 6u-- DATE: February 12, 2013 (Oversight Board Meeting February 19, 2013) SUBJECT: Consider Resolution Adopting the Recognized Obligation Payment Schedule (ROPS 13-14A) for July 1, 2013 to December 31, 2013 SUMMARY Pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (the "Redevelopment Dissolution Law"), the Successor Agency must prepare a Recognized Obligation Payment Schedule ("ROPS") for each six-month fiscal period (commencing each January 1 and July 1), listing the payments to be made by the Successor Agency during such period. All ROPS must be approved by the Oversight Board. Furthermore, each Oversight Board-approved ROPS must be submitted to the State Department of Finance ("DOF") for review. Staff is requesting the Oversight Board consider the attached Resolution to adopt the ROPS 13-14A for July 1, 2013 to December 31, 2013. DISCUSSION Deadlines for ROPS Submission and Review The Redevelopment Dissolution Law does not specify a deadline for the Successor Agency to submit the ROPS for July 1, 2013 through December 1, 2013 ("ROPS 13- 14A") to the Oversight Board for approval. However, the Successor Agency must submit an Oversight Board-approved ROPS 13-14A to the DOF, the Office of the State Controller and the County Auditor-Controller no later than March 1, 2013. The Successor Agency must submit the ROPS to the DOF electronically in the manner of DOF's choosing. A copy of the Oversight Board-approved ROPS must be posted on the Successor Agency's website. 1 Oversight Board to the Successor Agency February 19, 2013 Page 2 The DOF may eliminate or modify any items on the ROPS before approving the ROPS. The DOF must make its determination regarding the enforceable obligations and the amount and funding source for each enforceable obligation listed on a ROPS no later than 45 days after the ROPS is submitted. Within five business days of the DOF's determination, the Successor Agency may request to "meet and confer" with the DOF on disputed items. The meet and confer period may vary, but an untimely submission of ROPS 13-14A may result in a meet and confer period of less than 30 days. The County Auditor-Controller may object to the inclusion of any item on the ROPS that is not demonstrated to be an enforceable obligation and may object to the funding source proposed for any item. The County Auditor-Controller must provide notice of its objections to the DOF, the Successor Agency and the Oversight Board by April 2, 2013. Penalties for Failure to Make Timely Submission If the Successor Agency does not submit an Oversight Board-approved ROPS by March 1, 2013, the City of Moorpark will be subject to a civil penalty of $10,000 per day for every day that the ROPS is not submitted to the DOF. The penalty is to be paid to the County Auditor-Controller for distribution to the taxing entities. If the Successor Agency does not timely submit a ROPS, creditors of the successor agency, the DOF, and affected taxing entities may request a writ of mandate to require the Successor Agency to immediately perform this duty. Additionally, if the Successor Agency does not submit a ROPS within 10 days of March 1 st, the Successor Agency's administrative cost allowance for that period will be reduced by 25 percent. If the Successor Agency fails to submit an Oversight Board-approved ROPS to the DOF within five business days of "the date upon which the ROPS is to be used to determine the amount of property tax allocations", the DOF may determine whether the County Auditor-Controller should distribute any of property tax revenues to the taxing entities, or whether any amount should be withheld for enforceable obligations pending approval of the ROPS. It is not clear what is "the date upon which the ROPS is to be used to determine the amount of property tax allocations." ROPS 13-14A This is the fourth ROPS the Oversight Board is being requested to approve. This ROPS form will yield $1,845,984 to the Successor Agency for the time period July 1, 2013 to December 31, 2013. As a reminder the County Auditor-Controller disburses the funds on January 2nd and June 1St each year. The summary page shows that we are requesting $1,845,984 (Total Current Period Outstanding Debt or Obligation) for the ROPS. The reconciliation page for ROPS II details the estimate and the actual expenses paid. The page title is "Prior Period Estimated Obligations vs. Actual Payments". The Successor Agency received $96,444 for ROPS II. The entire amount was spent on the 1999 bonds debt service. This is shown in the columns titled, "RPTTF". The Successor 2 Oversight Board to the Successor Agency February 19, 2013 Page 3 Agency used its reserves to pay the remaining amounts of the 1999 bonds, 2001 bonds and 2006 bonds debt service plus other expenses in the amount of $1,184,947 (see column titled, "Reserve Balance"). There was zero money from the RPTTF given for the Administrative Cost Allowance; therefore no money is being shown as spent. The Successor Agency spent $2,765,807 of "Bond Proceeds" on the Ruben Castro Human Services Center. As a reminder, the Oversight Board approved of these enforceable obligations but the DOF did not approve. The Successor Agency is showing exactly what was spent using bond proceeds and will submit a "Finding of Completion" in the near future. Finding of Completion We have one item remaining in order to file the Finding of Completion with the State DOF. We have to receive the approval from the DOF of our Due Diligence Report for all other funds. The DOF deadline is April 1, 2013 for the approval letter. Upon receiving the finding of completion, the Successor Agency will be allowed to do the following: • Retain dissolved RDA assets per HSC Section 34191.5 (c) (2) • Place loan agreements between the former redevelopment agency and sponsoring entity on the ROPS, as an enforceable obligation, provided the oversight board makes a finding that the loan was for legitimate redevelopment purposes per HSC Section 34191.4 (b) (1) • Utilize proceeds derived from bonds issued prior to Jan. 1, 2011 in a manner consistent with the original bond covenants per HSC Section 34191.4 (c) Additionally, upon receiving the finding of completion the successor agency is required to submit a Long-Range Property Management Plan to the Department of Finance for Review and Approval per HSC Section 34191.4 (b) I will inform us all when the DOF approval letter arrives for the Due Diligence Review. We will then submit the finding of completion paperwork to the State. ROPS Definition As a reminder, the ROPS is defined in the Health and Safety Code, section 34171(h): Recognized Obligation Payment Schedule" means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period as provided in subdivision (m) of Section 34177. An "enforceable obligation" is defined per the Health and Safety Code, section 34171(d)(1), an enforceable obligation means A. Bonds 3 Oversight Board to the Successor Agency February 19, 2013 Page 4 B. Loans C. Payments required by the federal government or the state D. Judgments or settlements E. Any legally binding and enforceable agreement or contract F. Contracts or agreements necessary for the administration or operation of the successor agency (i.e. employee pay and benefits, rent, insurance, office supplies, etc.) G. Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund Section 34177.3(b) states: Successor agencies may create enforceable obligations to conduct the work of winding down the redevelopment agency, including hiring staff, acquiring necessary professional administrative services and legal counsel, and procuring insurance. FISCAL IMPACT The Successor Agency is limited to spending resources as they are listed on the ROPS. The preparation and submittal of ROPS 13-14A is for the purpose of allowing the Successor Agency to pay its enforceable obligations for the period from July 1, 2013 to December 31, 2013. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Adopt Resolution No. 2013- 2. Direct staff to transmit the approved ROPS, with the signature of the Chairperson, to the State of California (Department of Finance, State Controller's Office), Ventura County Auditor-Controller and post to the City's website, as per the legislation [Health and Safety Code, section 34177(k)(2)(C)]. Attachments: 1. Resolution No. 2013- 2. ROPS 13-14A for July 1, 2013 to December 31, 2013, dated February 19, 2013 4 Attachment 1 RESOLUTION NO. OB-2013- 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 FEBRUARY 19, 2013, ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 1, 2013 TO DECEMBER 31, 2013 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, Pursuant to Health and Safety Code Section 34177(1), the Successor Agency of the Redevelopment Agency of the City of Moorpark (the "Successor Agency") must prepare a proposed Recognized Obligation Payment Schedule ("ROPS") before each six-month fiscal period (commencing each January 1 and July 1) and submit each proposed ROPS to the Oversight Board of the Successor Agency (the "Oversight Board") for approval; and WHEREAS, Pursuant to Health and Safety Code Section 34177(I)(2)(C) and (m), the Successor Agency must (1) submit the Oversight Board-approved ROPS for the six- month fiscal period from July 1, 2013 through December 31, 2013 ("ROPS 13-14A"), to the DOF, the Office of the State Controller, and the County Auditor-Controller no later than March 1, 2013; and (2) post a copy of the Oversight Board-approved ROPS 13- 14A on the Successor Agency's website: and WHEREAS, on February 19, 2013 the recommended Recognized Obligation Payment Schedule for July 1, 2013 to December 31, 2013 was submitted to the Oversight Board for its review and consideration (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 above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The Oversight Board hereby approves proposed ROPS 13-14A, substantially in the form attached hereto as Exhibit A. Staff of the Successor Agency is hereby authorized and directed to submit a copy of Oversight Board-approved ROPS 13-14A to the DOF, the Office of the State Controller, and the County Auditor-Controller and to post a copy of the Oversight Board-approved ROPS 13-14A on the Successor Agency's Internet website (being a page on the Internet website of the City of Moorpark). 5 SECTION 3. The officers of the Oversight Board and the staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and any such actions previously taken by such officers and staff are hereby ratified and confirmed. 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. PASSED AND ADOPTED this 1gth day of February, 2013. Bruce Hamous, Chair ATTEST: Maureen Benson, City Clerk Exhibit A: Moorpark Recognized Obligation Payment Schedule 13-14A 6 SUCCESSOR AGENCY CONTACT INFORMATION Exhibit A Successor Agency ID: 387 County: Ventura Successor Agency: Moorpark Primary Contact Honorific (Ms, Mr, Mrs) First Name David C Last Name Moe II Title Redevelopment Manager Address 799 Moorpark Ave City Moorpark State CA Zip 93021 Phone Number 805-517-6217 Email Address dmoe @ci.moorpark.ca.us Secondary Contact Honorific(Ms, Mr, Mrs) First Name Ron Last Name Ahlers Title Finance Director Phone Number 805-517-6249 Email Address rahlers @ci.moorpark.ca.us 7 SUMMARY OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE Filed for the July 1,2013 to December 31,2013 Period ATTACHMENT 2 Name of Successor Agency: MOORPARK(VENTURA) Outstanding Debt or Obligation Total Total Outstanding Debt or Obligation $32,749,394 Current Period Outstanding Debt or Obligation Six-Month Total A Available Revenues Other Than Anticipated RPTTF Funding $543,430 B Enforceable Obligations Funded with RPTTF $1,720,984 C Administrative Allowance Funded with RPTTF $125,000 D Total RPTTF Funded(B+C=D) $1,845,984 E Total Current Period Outstanding Debt or Obligation(A+B+C=E)Should be some amount as ROPS form six-month total $2,389,414 F Enter Total Six-Month Anticipated RPTTF Funding $3,100,000 G Variance(F-D= G)Maximum RPTTF Allowable should not exceed Total Anticipated RPTTF Funding $1,254,016 Prior Period(July 1,2012 through December 31,2012) Estimated vs.Actual Payments(as required in HSC section 34186(a)) H Enter Estimated Obligations Funded by RPTTF(lesser of Finance's approved RPTTF amount including odmin allowance or the actual amount distributed) $96,444 1 Enter Actual Obligations Paid with RPTTF $96,444 J Enter Actual Administrative Expenses Paid with RPTTF $0 K Adjustment to Redevelopment Obligation Retirement Fund(H-(I+J)=K) $0 L Adjustment to RPTTF (D-K=L) $1,845,984 Certification of Oversight Board Chairman: Bruce Hamous Chairman Pursuant to Section 34177(m)of the Health and Safety code, Name Title I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named agency. /s/ February 19,2013 Signature Date 00 6 3 •. � w � o g � � � n o o m o n o, w ; � o ,�, a x m m A -mo » 3 3 3 3 3 A _ .. o. a w 3 H _ o o o o O - x 2 t o o� � 0 o'n o � 3 ti o 3 ^,D o w 0 3 -I -1 ti 1 ti ti D A p m u a w O C v 3 -i p C m m O O O O 9-O u o n_ O n o o o o O o O u 3 » ry £ N m x c Z 2 Z 2 O = v - � m n z 3 N F 0 0 n z A v v v a a E w i �i D m A ry O n < v 3 c 0 a v m w w w w w .7 1 3 3 3 3 o 0 0 o N z O O Z °c_ a m 3 0 - ^ 2 m _ ° za a s 3 33 3 3 3, w' o w a z s Z O w m z n m z 3 � Q n C w o D � C A A A A A A A A A A A A A A A A A W D A D O -+ O � p O Op y N O pp O Ta w i o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 2 - o a o 0 0 0 0 0 J. 0 0 0 0 0 0 0 0 0 0 0 0 0 D 3 D J 5� 0505� 8o � QQ 55�� �QQ, Q8Q0QQ •. `� � �' Y � 25 � � g8g250000000000000o2525g5g �JO 1�J' o a T 0 0 0 0 o 0 0 0 o o o 0 0 0 0 0 0 0 0 3 lA y� p p ti Q 5� S� QQQ 5Q� gQ552� 55�� QQ QOO5OQ� 5O� N �° p 0T XIHIH3 Q MM i�P�� m°�ASPPO�4oc°ix " naXg ° n 3 _ ° R ° 3 a 4 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 2.3.3 2 2 3 3.3 z 2 2 F ; v s m m m ' 3 o '- °P�c>> c2 ,^-, _a < R a 3 3 O 0 21 o''w f = v, L n c o 1 0 noC s � zoa o °G'N °, R .. ? a m = 33 a a v< ° o FF I SL ,� 3 3 _ _= 3 v - - - F _ 3 3 o 0 1 0 0. om 3 3 H 3 n 3 0 s 2 O O y n a - 3 y � O _ o O y x R i < o � 3 � H c 3 i a 2 c o 8 8 8 8 8 8 8 8 e m n w p D S 3 _ 3 n 2 3 n 3 a F 3 OWN NNHI S g 3 0 a' MOORPARK(VENTURA) Pursuant to Health and Safety Code section 34186(a) PRIOR PERIOD ESTIMATED OBLIGATIONS vs.ACTUAL PAYMENTS RECOGNIZED OBLIGATION PAYMENT SCHEDULE(ROPS II) July 1,2012 through December 31,2012 LMIHF Band Proceeds Reserve Balance Admin Allowance RPTTF Other _ i[em4 Project Name/Debt Obligation Payee Description/Project Scope Pro et Area Estimate Actual Estimate Acival Estimate Actual EStimate Actual Estimate Actual Estimate Actual $0 s0 $700,600 $2,]65,80] $0 $1,184,947 $125,000 $0 $2,626,OS3 596,444 $0 $0 52 Land Held for Resale-18 High Street Ventura County Water&Sewer Water and sewer MRP 1,358 53 Land Held for Resale-161 Second Street Specialized Environmental Demolition&stie clearance MRP 9,842 54 Land Held for Resale-450 High Street RA Atmore&Sons Property maintenance-weed abatement MRP 416 SS Land Held for Resale-450 High Street Ventura County Water&Sewer Water and sewer MRP 156 S6 Land Held for Resale-450 High Street Porbess Consulting Asbestos Testing MRP 890 57 Salary and Benefits Employees Salary and Benefits MRP 118,622 58 Office Supplies vanes Office Supplies MRP 498 59 Publications/Subscription Publications/Subscription MRP 126 60 Mileage Reimbursement Employees Mileage Reimbursement MRP 126 61 Postage U.S.Postal Service/Eed Ex Postage MRP 126 62 Printing PostNel and varies Printing MRP 126 63 Advertising Yanes Advertising MRP 126 64 Contractual Services Contractual Services MRP 4,998 65 Office Equipment Maintenance Aries Office Equipment Maintenance MRP 252 MOORPARK(VENTURA) RECOGNIZED OBLIGATION PAYMENT SCHEDULE(ROPS 13-14A)—Notes(Optional) July 1,2013 through December 31,2013 Item N Project Name/Debt Obligation Notes/Comments 1 1999 Tax Allocation Bonds 2 2001 Tax Allocation Bonds 3 2006 Tax Allocation Bonds 4 Bond Trustee S Bond Disclosures 6 Bond Arbitrage Calks 7 High Street Fueling Station 8 Property Maintenance 9 Salary and Benefits All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 10 Office Supplies All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 11 Publications/Subscription All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 12 Mileage Reimbursement All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 13 Postage All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 14 Printing All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 15 Advertising All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 16 Contractual Services All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 17 Office Equipment Maintenance All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 18 Legal Counsel All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 19 Record Oversight Board Meetings All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 20 Oversight Board Packets All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 21 Oversight Board Legal Counsel All or a portion of the amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead an 22 Audit of Low/Mod Income Housing 23 Weed Abatement Land held for resale by the Successor Agency 24 Landscaping services Land held for resale by the Successor Agency 2S Real Estate Appraisals Land held for resale by the Successor Agency 26 Oversight Board Legal Services Land held for resale by the Successor Agency 27 Property Management Plan:Consultants AB 1484 Property Management Plan 28 Property Management Plan:Real Estate AB 1484 Property Management Plan Brokers 29 Property Management Plan:Attorney AB 1484 Property Management Plan 30 Property Management Plan:Planning AB 1484 Property Management Plan Services 31 Property Management Plan:Marketing AB 1484 Property Management Plan - 32 -.161 2nd Street Payment will be contingent on DOF's issuance of a Finding of Completion pursuant to HSC 34179.7 and the Oversight Board's approval of a Bond Proceeds Funding 18 Legal Counsel Payee has changed to: Richards,Watkins,Gershon,Attorneys at Law 12 OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY ITEM 7.A. OF THE CITY OF MOORPARK MEETING of -/9 ACTION: BY: OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to the Successor Agency FROM: Maureen Benson, City Clerk DATE: January 16, 2013 (OB Regular Meeting of 02/19/13) SUBJECT: Consider Resolution for Special Oversight Board Meeting Minutes for January 8, 2013 BACKGROUND AND DISCUSSION Staff has prepared meeting minutes for the special Oversight Board meeting of January 8, 2013. STAFF RECOMMENDATION Adopt Resolution No. 2013-OB- _, approving the special Oversight Board meeting minutes of January 8, 2013. Attachments: 1-Special Oversight Board meeting draft minutes of January 8, 2013. 2-Draft Resolution 13 ATTACHMENT 1 MINUTES OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY MOORPARK Moorpark California January 8, 2013 A Special Meeting of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark was held on January 8, 2013, 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 3:31 p.m. 2. PLEDGE OF ALLEGIANCE: Board Member Creig Nicks led the Pledge of Allegiance. 3. ROLL CALL: Present: Board Members Burgh, Ingram, Kasper, Nicks, Parvin, Priestley, and Chairperson Hamous. Staff Present: Steven Kueny, Executive Director; Ron Ahlers, Finance Director; David Bobardt, Community Development Director; and Maureen Benson, City Clerk. 4. PUBLIC COMMENT: None. 5. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 6 PRESENTATION/ACTION/DISCUSSION: A. Consider Resolution Approving Independent Accountant's Report on Applying Agreed-Upon Procedures for Due Diligence Review Pursuant to Health and Safety Code Section 34179.5 for All Other Funds Except the Low and Moderate Income Housing Fund. Staff Recommendation: Adopt Resolution No. OB-2013-36. Mr. Ahlers gave the staff report. There were no speakers. 14 Minutes of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Moorpark California Page 2 January, 8, 2013 MOTION: Board Member Parvin moved and Board Member Burgh seconded a motion to adopt Resolution No. OB-2013-36, approving 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. The motion carried by unanimous voice vote. 7. CONSENT CALENDAR: MOTION: Board Member Ingram moved and Board Member Priestley seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Resolution Approving Minutes of Regular Meeting of December 18, 2012. Staff Recommendation: Adopt Resolution No. OB-2013-37. B. Consider Resolution Awarding Agreement to NCM Demolition and Remediation, L P for the Removal of Underground Storage Tanks (UST) and Demolition of Structures at 412/450 High Street (Project 50841. Staff Recommendation: Adopt Resolution No. OB-2013-38, authorizing the Agreement, subject to final language approve of the Executive Director and City Attorney. 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. Announcements. None. B. Future Agenda Items. None. 9. ADJOURNMENT: MOTION: Board Member Parvin moved and Board Member Burgh seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 3:35 p.m. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 15 ATTACHMENT 2 RESOLUTION NO. OB-2013- 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 FEBRUARY 19, 2013, APPROVING THE SPECIAL OVERSIGHT BOARD MEETING MINUTES OF JANUARY 8, 2013 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 February 19, 2013, the special Oversight Board meeting minutes of January 8, 2013, 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 January 8, 2013. 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 19th day of February, 2013. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk 16 OVERSIGHT BOARD TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK MEETING TEM 7.B. Of 2 - /g-.4) 3 — ACTION: BY OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA REPORT TO: Oversight Board to the Successor Agency FROM: David C. Moe Il, Redevelopment Manager DATE: February 11, 2013 (Meeting of 2/19113) SUBJECT: Consider Resolution Approving Administrative Budget 13-14A BACKGROUND & DISCUSSION Pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (the "Redevelopment Dissolution Law"), the Successor Agency must prepare a proposed administrative budget and a Recognized Obligation Payment Schedule ("ROPS") for each six-month fiscal period, both of which must be submitted to the Oversight Board for approval. Each proposed administrative budget must include all of the following: (1) estimated amounts for Successor Agency administrative costs for the applicable six- month fiscal period; (2) proposed sources of payment for the administrative costs; and (3) proposals for arrangements for administrative and operations services provided by the City or other entity. The Redevelopment Dissolution Law is unclear regarding the required timing for the submission of the proposed administrative budget for the period from July 1, 2013 through December 31, 2013 (i.e., the first half of fiscal year 2013-14) ("Administrative Budget 13-14A") to the Oversight Board. However, because the Successor Agency's administrative expenditures also have to be reflected on the ROPS, Administrative Budget 13-14A and the ROPS for the same period ("ROPS 13-14A") should be consistent. The Successor Agency is required to submit ROPS 13-14A to the Oversight Board for approval and then submit the Oversight Board-approved ROPS 13-14A to the State Department of Finance, State Controller, and the County Auditor-Controller no later than March 1, 2013. Staff has prepared a ROPS 13-14A for the Oversight Board's approval at this meeting as a separate agenda item. Staff recommends that the Board approve Administrative Budget 13-14A on the same date as the Board's approval of ROPS 13- 14A. 17 Oversight Board to the Successor Agency February 19, 2013 Page 2 The Oversight Board must take action by resolution and must provide the State Department of Finance, by electronic means, written notice and information about the Oversight Board's action. FISCAL IMPACT Under the Redevelopment Dissolution Law, an "Administrative Cost Allowance" is paid to the Successor Agency from property tax revenues allocated by the County Auditor- Controller. The Administrative Cost Allowance is defined as an amount, subject to the approval of the Oversight Board, which is up to 3% of the property tax allocated for enforceable obligations from the Redevelopment Property Tax Trust Fund by the County Auditor-Controller. The amount shall not be less than $250,000 for any fiscal year unless the Oversight Board reduces this amount. The Administrative Cost Allowance is subject to reduction if there are insufficient funds to pay the enforceable obligations as listed on the ROPS. All or a portion of the Administrative Cost Allowance amount will be reimbursed to the City pursuant to a Cooperative Agreement for Advance and Reimbursement of Administrative Overhead and Other Expenses, to be entered into by the Successor Agency and the City, after approval by the Oversight Board. RECOMMENDATION (ROLL CALL VOTE) Adopt Resolution No. OB-2013- , approving a proposed administrative budget for the six-month fiscal period from July 1, 2013 through December 31, 2013, and take certain other related actions. Attachment 1 Resolution No. 06-2013- 18 RESOLUTION NO. OB-2013 - 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 FEBRUARY 19, 2013, APPROVING THE ADMINISTRATIVE BUDGET FOR ROPS 13-14A 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, pursuant to Health and Safety Code Section 341770), the Successor Agency of the Redevelopment Agency of the City of Moorpark (the "Successor Agency") must prepare a proposed administrative budget for each six-month fiscal period (commencing each January 1 and July 1) and submit each proposed administrative budget to the Oversight Board for the Successor Agency (the "Oversight Board") for approval; and WHEREAS, at the regular meeting of February 19, 2013 there has been presented to this Board for approval a proposed administrative budget for the Successor Agency for the six-month fiscal period from July 1, 2013 through December 31, 2013 ("Administrative Budget 13-14A"). (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 above recitals are true and correct and are a substantive part of this Resolution. SECTION 2. The Oversight Board hereby approves the proposed Administrative Budget 13-14A substantially in the form attached hereto as Exhibit A. SECTION 3. The staff of the Successor Agency is hereby directed to provide the State Department of Finance ("DOF") written notice and information regarding the action taken by the Oversight Board in Section 2 of this Resolution. Such notice and information shall be provided by electronic means and in a manner of DOF's choosing. SECTION 4. The officers of the Oversight Board and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution. SECTION 5. 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. 19 PASSED AND ADOPTED this 19th day of February, 2013. Bruce Hamous, Chairperson ATTEST: Maureen Benson, City Clerk Attachment: Exhibit A 81000-0172\1528279v1.doc 2 20 EXHIBIT A SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK ADMINISTRATIVE BUDGET (July 1, 2013 through December 31, 2013) BUDGET ITEM AMOUNT DESCRIPTION Salaries and Benefits $97,000 Salaries and benefits Office Supplies $250 Office supplies Publications/Subscriptions $125 Various publication/subscriptions Mileage Reimbursement $125 Mileage reimbursement Postage $125 Postage for mailings Printing $125 Successor Agency printing Advertising $1,000 Advertising for land sales Contractual Services $5,000 Misc. administrative services Office Equipment Maintenance $250 Maintenance of office equipment Legal Counsel $6,000 Successor Agency legal services Record Oversight Board Meeting $6,000 Recording OB meetings Printing Oversight Board Packets $3,000 Printing for OB packets Legal Services for Oversight Board $6,000 OB legal services 21