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HomeMy WebLinkAboutSA_2012-10-09_AgendaPacketSPECIAL MEETING CITY OF ATASCADERO CITY COUNCIL IN THE CAPACITY OF SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO FOR REDEVELOPMENT AND HOUSING PURPOSES1 AGENDA Tuesday, October 9, 2012 (Immediately following the City Council Regular Session) City Hall Council Chambers 6907 El Camino Real Atascadero, California REGULAR SESSION – CALL TO ORDER: ROLL CALL: Mayor Kelley Mayor Pro Tem O’Malley Council Member Clay Council Member Fonzi Council Member Sturtevant APPROVAL OF AGENDA: Roll Call 1 On January 10, 2012, the Atascadero City Council adopted Resolution No. 2012-002, electing to serve as the successor to the Community Redevelopment Agency of Atascadero for redevelopment purposes, and also elected to retain the housing assets and functions previously performed by the Community Redevelopment Agency of Atascadero. A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Agency or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concer ning the item before action is taken. DRAFT MINUTES: Successor Agency meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the Successor Agency. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. Successor Agency Draft Action Minutes – August 14, 2012  Recommendation: Council in the capacity of the Successor Agency to the Redevelopment Agency of Atascadero approve the Successor Agency Draft Action Minutes of August 14, 2012. [City Clerk] COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Board on any matter not on this agenda and over which the Board has jurisdiction. Speakers are limited to three minutes. Please state your name and address for the record before making your presentation. The Board may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Board.) B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Successor Agency Due Diligence Review of Low Moderate Income Housing Fund  Fiscal Impact: None for this action.  Recommendation: City Council, in the Capacity of Successor Agency to the Community Redevelopment Agency of Atascadero, receive and file Due Diligence Review of Low Moderate Income Housing Fund . [Administrative Services] BOARD ANNOUNCEMENTS AND REPORTS: (On their own initiative, the Board Members may make a brief announcement or a brief report on their own activities . Board Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Board may take action on items listed on the Agenda.) D. ADJOURNMENT TO CITY COUNCIL CLOSED SESSION: ITEM NUMBER: SA A - 1 DATE: 10/09/12 Atascadero Successor Agency Draft Action Minutes of August 14, 2012 Page 1 of 3 SPECIAL MEETING CITY OF ATASCADERO CITY COUNCIL IN THE CAPACITY OF SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO FOR REDEVELOPMENT AND HOUSING PURPOSES1 DRAFT ACTION MINUTES Tuesday, August 14, 2012 (Immediately following the City Council Regular Session) City Hall Council Chambers 6907 El Camino Real Atascadero, California REGULAR SESSION – CALL TO ORDER: Mayor Kelley called the meeting to order at 8:35 p.m. ROLL CALL: Present: Council Members Clay, Fonzi, Sturtevant, and Mayor Kelley Absent: Mayor Pro Tem O’Malley Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson 1 On January 10, 2012, the Atascadero City Council adopted Resolution No. 2012-002, electing to serve as the successor to the Community Redevelopment Agency of Atascadero for redevelopment purposes, and also elected to retain the housing assets and functions previously performed by the Community Redevelopment Agency of Atascadero. ITEM NUMBER: SA A - 1 DATE: 10/09/12 Atascadero Successor Agency Draft Action Minutes of August 14, 2012 Page 2 of 3 Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Community Development Director Warren Frace, Public Works Director Russ Thompson, Fire Chief Kurt Stone, Police Chief Jerel Haley, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to approve the agenda. Motion passed 4:0 by a roll-call vote. A. CONSENT CALENDAR: 1. Successor Agency Draft Action Minutes – March 27, 2012  Recommendation: Council in the capacity of the Successor Agency to the Redevelopment Agency of Atascadero approve the Successor Agency Draft Action Minutes of March 27, 2012. [City Clerk] MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote. COMMUNITY FORUM: None C. MANAGEMENT REPORTS: 1. Approval of Recognized Obligation Payment Schedule  Fiscal Impact: None for this action.  Recommendation: City Council in the Capacity of Successor Agency to Community Redevelopment Agency of Atascadero adopt the Draft Resolution approving Recognized Obligation Payment Schedule (ROPS) for the period of January 1, 2013 through June 30, 2013 and authorizing the City Manager to amend the ROPS. [Administrative Services] Assistant City Manager Jim Lewis gave the staff report and answered questions from the Council. PUBLIC COMMENT: None ITEM NUMBER: SA A - 1 DATE: 10/09/12 Atascadero Successor Agency Draft Action Minutes of August 14, 2012 Page 3 of 3 MOTION: By Council Member Sturtevant and seconded by Council Member Fonzi to adopt the Draft Resolution approving Recognized Obligation Payment Schedule (ROPS) for the period of January 1, 2013 through June 30, 2013 and authorizing the City Manager to amend the ROPS. Motion passed 4:0 by a roll-call vote. (SA Resolution No. 2012- 001) BOARD ANNOUNCEMENTS AND REPORTS: None The City Council Members made brief announcements. D. ADJOURNMENT: Mayor Kelley adjourned the meeting at 8:51 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager ITEM NUMBER: SA C - 1 DATE: 10/9/12 Successor Agency to the Community Redevelopment Agency of Atascadero Staff Report – Administrative Services Successor Agency Due Diligence Review of Low Moderate Income Housing Fund RECOMMENDATION: City Council, in the Capacity of Successor Agency to the Community Redevelopment Agency of Atascadero, receive and file Due Diligence Review of Low Moderate Income Housing Fund. DISCUSSION: The adoption of AB1484 in June of 2012 requires that each former Redevelopment Agency have a two separate due diligence reviews prepared by a licensed accountant. One review is for the remaining assets of the Low Moderate Income Housing Fund, and the other review is for all other former Redevelopment Agency Funds. The due diligence reviews require a licensed accountant to perform certain procedures designed to address specific areas of the legislation. The procedures were developed by the Department of Finance in conjunction with the California Society of Certified Public Accountants and were finalized on August 27, 2012. By October 1, 2012, the Due Diligence Review of the Low/Moderate Income Housing Fund (LMIHF Review) must be completed by the licensed accountant and submitted to the members of the Oversight Board, the County Auditor Controller, the State Controller and the Department of Finance. The report was complete on October 1, 2012 and distributed to the appropriate parties. The Oversight Board was scheduled to hold a public session to consider the LMIHF Review on October 4, 2012. The Oversight Board must then wait at least five business days after the public session, to hold another meeting in which they can consider approval of the LMIHF Review. This is scheduled for October 11, 2012. The second meeting must be completed and the final approved Due Diligence Review of the Low/Moderate Income Housing Fund must be submitted to the State by October 15, 2012. ITEM NUMBER: SA C - 1 DATE: 10/9/12 The Department of Finance will then review the LMIHF Review and must approve or decide to overturn the Oversight Board approval by November 9, 2012. Within 5 days of the Successor Agency receipt of the Department of Finance decision, the Successor Agency may either: 1) Request a meet and confer process to resolve disputes on the Review; or 2) Transfer funds as reported in the LMIHF Review to the auditor-controller for distribution to the taxing agencies. A similar process will occur for the All Other Funds Due Diligence Review which must be approved by the Oversight Board by January 15, 2013. AB1484 and the 60 days it took to develop procedures left successor agencies and the CPAs very little time to perform the reviews. The Successor Agency was able to receive a proposal from Moss, Levy & Hartzheim (MLH) to perform the due diligence reviews and on September 21, 2012 a representative from Moss, Levy & Hartzheim was here to perform the field work for the LMIHF Review. No exceptions were found by MLH during the Low Moderate Income Housi ng Fund Due Diligence Review and the results of the LMIHF Review confirmed that the fund had $5,826,477 in assets as of June 30, 2012. Of this $1,559,377 were not liquid assets, therefore not available for distribution, and $320,076 of this had already been distributed to taxing agencies in July. This leaves a balance of $3,947,024 that will be distributed to the taxing agencies. It is currently expected that DOF will concur with the report and that the City will be cutting a check to the County Audito r Controller for $3,947,024 within the next month or two. FISCAL IMPACT: None for this action. ATTACHMENT: Due Diligence Review of the Low/Moderate Income Housing Fund (entitled Successor Agency to the Community Redevelopment Agency of Atascadero Agreed Upon Procedures - AB1484 Low/Moderate Housing Fund)