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HomeMy WebLinkAboutOB_2016-01-28_Agenda Packet OVERSIGHT BOARD FOR SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO FOR REDEVELOPMENT AND HOUSING PURPOSES1 SPECIAL MEETING AGENDA Thursday, January 28, 2016 3:00 P.M. Atascadero City Hall, Conference Room 306 6500 Palma Avenue Atascadero, California CALL TO ORDER: ROLL CALL: Chairperson Fonzi Board Member Rickard Board Member Arnold Board Member Weathers Board Member Escobedo Board Member Clemens 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 Redevelop ment 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. PUBLIC COMMENT: (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 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 Public Comment, unless changed by the Board.) A. CONSENT AGENDA: 1. Oversight Board Special Meeting Draft Action Minutes of September 24, 2015  Recommendation: Board approve the Oversight Board Special Meeting Draft Action Minutes of September 24, 2015 B. BUSINESS ITEMS: None C. MANAGEMENT REPORTS: 1. Approval of Recognized Obligation Payment Schedule 16-17July 1, 2016 through June 30, 2017  Fiscal Impact: None for this action.  Recommendation: Oversight Board adopt Draft Resolution A approving Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2016 through June 30, 2017 (ROPS 16 -17), including the Administrative Budget, pursuant to Health and Safety Code. [Administrative Services] 2. Approval of Bond Proceeds for Historic City Hall Project Exceeding Department of Finance Authorized Amount  Fiscal Impact: None for this action.  Recommendation: Oversight Board adopt Draft Resolution Approving Payment of $38,059 in Bond Funds as listed on the Recognized Obligation Payment Schedule 15-16A, Report of Prior Period Adjustments, Line Item Number 128, in Excess of Department of Finance Authorized amount. [Administrative Services] D. BOARD COMMENTS: E. STAFF COMMENTS: F. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in an Oversight Board meeting, please contact the City Clerk’s Office at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting. ITEM NUMBER: A-1 DATE: 01/28/16 Atascadero Oversight Board September 24, 2015 Page 1 of 3 OVERSIGHT BOARD FOR SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO FOR REDEVELOPMENT AND HOUSING PURPOSES1 SPECIAL MEETING DRAFT MINUTES Thursday, September 24, 2015 3:00 P.M. Atascadero City Hall, Conference Room 106 6500 Palma Avenue, Atascadero, California CALL TO ORDER: In the absence of the Chair and Vice Chair, Board Member Arnold called the meeting to order at 3:03 p.m. ROLL CALL: Present: Board Members Rickard, Arnold, Clemens, and Escobedo Absent: Board Member Weathers, Vice Chairperson Jarvis, and Chairperson Fonzi Staff Present: Administrative Services Director Jeri Rangel, and Deputy City Clerk Lisa Cava 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: A-1 DATE: 01/28/16 Atascadero Oversight Board September 24, 2015 Page 2 of 3 APPROVAL OF AGENDA: MOTION: By Board Member Rickard and seconded by Board Member Clemons to approve the agenda. Motion passed 4:0 by a roll-call vote. PUBLIC COMMENT: The following citizens spoke during Public Comment: Charles Bourbeau asked about the status and timeline for the demolition of the former Main Street building, answered by Staff Member Rangel and Board Member Rickard. Board Member Arnold closed the PUBLIC COMMENT period. A. CONSENT AGENDA: 1. Oversight Board Regular Meeting Draft Action Minutes of June 18, 2015  Recommendation: Board approve the Oversight Board Special Meeting Draft Action Minutes of June 18, 2015. MOTION: By Board Member Escobedo and seconded by Board Member Rickard to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote. B. BUSINESS ITEMS: None. C. MANAGEMENT REPORTS 1. Approval of Recognized Obligation Payment Schedule 15-16B – January 1, 2016 – June 30, 2016  Fiscal Impact: None for this action.  Recommendation: Oversight Board adopt Draft Resolution A approving Recognized Obligation Payment Schedule (ROPS) for the period of January 1, 2016 through June 30, 2016 (ROPS 15-16B), including the Administrative Budget, pursuant to Health and Safety Code. [Administrative Services] Administrative Services Director Jeri Rangel gave the staff report and answered questions from the Board. ITEM NUMBER: A-1 DATE: 01/28/16 Atascadero Oversight Board September 24, 2015 Page 3 of 3 PUBLIC COMMENT: The following citizens spoke during Public Comment: Charles Bourbeau asked a question which was answered by Staff Member Rangel. Board Member Arnold closed the PUBLIC COMMENT period. MOTION: By Board Member Clemons and seconded by Board Member Arnold to adopt Draft Resolution A approving Recognized Obligation Payment Schedule (ROPS) for the period of January 1, 2016 through June 30, 2016 (ROPS 15-16B), including the Administrative Budget, pursuant to Health and Safety Code. Motion passed 4:0 by a roll-call vote. D. BOARD MEMBER COMMENTS: None. E. STAFF COMMENTS: Director Rangel stated that a request for authorization of overspending of the previously approved 14-15 ROPS will come before the Board at the next meeting. F. ADJOURNMENT: Board Member Arnold adjourned the meeting at 3:42 p.m. MINUTES PREPARED BY: ______________________________________ Lisa Cava Deputy City Clerk ITEM NUMBER: C-1 DATE: 01/28/16 Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero Staff Report – Administrative Services Approval of Recognized Obligation Payment Schedule 16-17 July 1, 2016 through June 30, 2017 RECOMMENDATION: Oversight Board adopt Draft Resolution A approving Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2016 through June 30, 2017 (ROPS 16-17), including the Administrative Budget, pursuant to Health and Safety Code. DISCUSSION: On December 29, 2011, the California Supreme Court delivered its decision in the California Redevelopment Association v. Matosantos case. The decision upheld AB1x 26, the Dissolution Act, and found AB1x 27, the Alternative Redevelopment Program Act, unconstitutional. AB1x 26 dissolved the Redevelopment Agency as of February 1, 2012, the new dissolution date established by the Supreme Court. On January 10, 2012 the City of Atascadero elected to become the Successor Agency to the Community Redevelopment Agency of Atascadero. AB 1484 was signed by the Governor on June 27, 2012 and further changed the process for dissolving redevelopment agencies. Pursuant to Health and Safety Code (HSC) section 34177(o)(1), commencing with the ROPS covering the period July 1, 2016 to June 30, 2017 and thereafter, agencies shall submit an oversight board approved annual ROPS to the Department of Finance (DOF) and the County Auditor-Controller by February 1, 2016 and each February 1 thereafter. The Successor Agency must report all expected obliga tions for the one year period starting the following July. The attached ROPS covers the period of July 1, 2016 through June 30, 2017, and is referred to as ROPS 16-17. HSC section 34171 provides an administrative cost allowance for the successor agencies to carry out wind-down activities of the former redevelopment agencies and to administer the Oversight Board. The annual amount shall be not less than $250,000, unless certain conditions apply. ITEM NUMBER: C-1 DATE: 01/28/16 HSC 34171 (in part) states: “(b) (3) Commencing July 1, 2016, and for each fiscal year thereafter, the administrative cost allowance shall be up to 3 percent of the actual property tax distributed to the successor agency by the county auditor-controller in the preceding fiscal year for payment of approved enforceable obligations, reduced by the successor agency's administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 34191.4 during the preceding fiscal year. However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement between the successor agency and the department.” An administrative allowance of $250,000 is proposed for the period July 1, 2016 through June 30, 2017. The Successor Agency will use the administrative costs, such as staff time, to carry out the Successor Agency and Oversight Board activities, printing and publication expenses, liability insurance, technology and website support, special legal costs, training, audit services and general overhead. The Draft ROPS 16-17 estimates that $ 2,181,145 in Redevelopment Property Tax Trust Fund (RPTTF) funding will be needed for the July 1, 2016 through June 30, 2017 period. Once the Oversight Board reviews and approves the Draft ROPS, it will then be submitted to the DOF for review and approval. The DOF will have until April 15th to review the ROPS and to object to items that do not meet the definition of an Enforceable Obligation. FISCAL IMPACT: None for this action. The purpose of approving the Draft Recognized Obligation Schedules is to ensure that the City acting as Successor Agency will be able to make certain payments for obligations of the former RDA. ATTACHMENTS: 1. Draft Resolution A approving Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2016 through June 30, 2017, with the Draft Recognized Obligation Payment Schedule (ROPS 16-17) for the period of July 1, 2016 through June 30, 2017, attached as Exhibit A 2. Successor Agency Proposed Administrative Allowance Budget - July 1, 2016 through June 30, 2017 ITEM NUMBER: C-1 DATE: 01/28/16 ATTACHMENT: 1 DRAFT RESOLUTION A RESOLUTION OF THE OVERSIGHT BOARD FOR SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 1, 2016 THROUGH JUNE 30, 2017 (ROPS 16-17) PURSUANT TO SECTION 34177 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, pursuant to Section 34177(l), (m), and (o) of the California Health and Safety Code, the City Council of the City of Atascadero, as Successor Agency to the Community Redevelopment Agency of Atascadero (“Successor Agency”), has prepared a proposed Recognized Obligation Payment Schedule for the period of July 1, 2016 through June 30, 2017 (ROPS 16-17), for purposes of submission to the Oversight Board of the Successor Agency for approval, the State Department of Finance (“DOF”), the San Luis Obispo County Administrative Officer (“County Administrative Officer”), and the San Luis Obispo County Auditor -Controller (“County Auditor”); and WHEREAS, the Oversight Board of the Successor Agency to the Community Redevelopment Agency of Atascadero has reviewed the proposed Recognized Obligation Payment Schedule for the period of July 1, 2016 through June 30, 2017 (ROPS 16-17), for purposes of submission the DOF, the County Administrative Officer, and the County Auditor; and WHEREAS, the Successor Agency to the Community Redevelopment Agency has requested and approved an Administrative Allowance Budget as presented on the ROPS 16-17; NOW, THEREFORE, BE IT RESOLVED by the Oversight Board of the Successor Agency to the Community Redevelopment Agency of Atascadero as follows: Section 1. The Oversight Board hereby approves the proposed Recognized Obligation Payment Schedule for July 1, 2016 through June 30, 2017, attached hereto as Exhibit A (“ROPS 16-17”). Section 2. The City Manager is hereby directed to submit the approved ROPS 16-17 to DOF, the County Administrative Officer, and the County Auditor, and to take any other actions that may be required in order to obtain DOF approval of the ROPS 16-17, including, without limitation, making amendments to the ROPS 16-17 required by the DOF. ITEM NUMBER: C-1 DATE: 01/28/16 ATTACHMENT: 1 PASSED AND ADOPTED by the Oversight Board of the Successor Agency to the Community Redevelopment Agency of Atascadero on the 28th day of January 2016, by the following vote: AYES: NOES: ABSENT: ADOPTED: OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO By: ________________________________ Roberta Fonzi, Chairperson ATTEST: ___________________________________ Lori M. Kudzma, Board Secretary Successor Agency:Atascadero County:San Luis Obispo Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 16-17A Total 16-17B Total ROPS 16-17 Total A 853,715$ 441,615$ 1,295,330$ B 50,000 - 50,000 C 603,715 241,615 845,330 D 200,000 200,000 400,000 E 1,045,810$ 1,135,335$ 2,181,145$ F 920,810 1,010,335 1,931,145 G 125,000 125,000 250,000 H Current Period Enforceable Obligations (A+E):1,899,525$ 1,576,950$ 3,476,475$ Name Title /s/ Signature Date Administrative Costs Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. Recognized Obligation Payment Schedule (ROPS 16-17) - Summary Filed for the July 1, 2016 through June 30, 2017 Period Enforceable Obligations Funded with Non-Redevelopment Property Tax Trust Fund (RPTTF) Funding Sources (B+C+D): Non-Administrative Costs Enforceable Obligations Funded with RPTTF Funding (F+G): Bond Proceeds Funding Reserve Balance Funding Other Funding ITEM NUMBER: C-1 DATE: 01/28/16 ATTACHMENT: 1 EXHIBIT: A A B C D E F G H I J K L M N O P Q R S T U V W Bond Proceeds Reserve Balance Other Funds Non-Admin Admin Bond Proceeds Reserve Balance Other Funds Non-Admin Admin $ 49,802,845 $ 3,476,475 $ 50,000 $ 603,715 $ 200,000 $ 920,810 $ 125,000 $ 1,899,525 $ - $ 241,615 $ 200,000 $ 1,010,335 $ 125,000 $ 1,576,950 1 2010 Reimbursement/ Bond Bonds Issued On or Before 9/1/2010 10/1/2040 City of Atascadero (then Debt Service on 2010 Bonds 29,500,715 N $ 972,315 600,345 $ 600,345 371,970 $ 371,970 2 2010 Reimbursement/ Bond Financing agreement with City of Atascadero Bonds Issued On or Before 12/31/10 9/1/2010 10/1/2040 City of Atascadero (then passed through to BNY) Trustee services for the life of the 2010 Bonds 75,000 N $ 2,500 2,500 $ 2,500 - $ - 3 2004/2005 Redevelopment Bonds Bonds Issued On or Before 12/31/10 11/1/2004 9/1/2034 Bank of New York Mellon Debt Service on 2004/2005 Bonds 16,142,955 N $ 1,685,710 603,715 241,615 $ 845,330 241,615 598,765 $ 840,380 5 2004/2005 Redevelopment Bonds Bonds Issued On or Before 12/31/10 11/1/2004 9/1/2034 Bank of New York Mellon Trustee services for the life of the 2004/2005 Bonds 57,000 N $ 2,750 2,750 $ 2,750 $ - 6 City Loan #1 entered into in 1998 City/County Loans On or Before 6/27/11 11/1/1998 1/1/2099 City of Atascadero Loan for Start-up costs 155,175 N 7 City Loan #2 entered into in 2001 City/County Loans On or Before 6/27/11 6/28/2001 1/1/2099 City of Atascadero Revolving Loan 500,000 N 8 City Loan #3 entered into in 2002 Dissolution Audits 6/12/2002 1/1/2099 City of Atascadero Loan for purchase of building housing an adult store 720,000 N 10 Administration Allowance Admin Costs 1/1/2014 6/30/2014 City of Atascadero Administrative expenses for successor agency in accordance with AB1X26 through June 2016 including - office expense, postage, legal notices, computer costs, phone costs, operations, professional development, direct staff time, general overhead 1,700,000 N $ 250,000 125,000 $ 125,000 125,000 $ 125,000 11 Colony Square Conditions, Covenants and Restrictions Property Maintenance 6/10/2008 1/1/2099 Colony Square, LLC Contract for required participation in maintenance of common areas for Colony Square (estimated cost is listed for 3 years, however required as long as RDA owns the lot) 150,000 N $ 30,000 15,000 $ 15,000 15,000 $ 15,000 12 Maintenance of Creekside Building Property Maintenance 2/23/2010 1/1/2099 Various vendors Maintenance of Creekside Building 326,000 N $ 57,200 32,600 $ 32,600 24,600 $ 24,600 123 Sale of Creekside Building Property Dispositions 1/1/2014 1/1/2099 Unknown Costs associated with marketing and sale of Creekside Building in accordance with PMP 400,000 N $ 400,000 200,000 $ 200,000 200,000 $ 200,000 124 Historic City Hall Earthquake Repair/Rehab Project Improvement/Infrastructure 1/1/2014 1/1/2099 FEMA FEMA grant adjustments N 125 Historic City Hall Earthquake Repair/Rehab Project Improvement/Infrastructure 1/1/2014 1/1/2099 CalOES Cal OES grant adjustments N 126 Demolition of RDA portable building Property Dispositions 1/1/2099 1/1/2099 Unknown Demolition of RDA portable building 20,000 N 20,000 20,000 20,000 127 Lease for former Chamber building Property Maintenance 5/1/2009 1/1/2099 City of Atascadero Lease of Land that RDA portable sits on 1,000 N 1,000 1,000 1,000 128 Historic City Hall Earthquake Repair/Rehab Project Bonds Issued On or Before 12/31/10 1/1/2099 1/1/2099 Unknown Historic City Hall Earthquake Repair/Rehab Project: Exterior Lighting Package - N $ - $ - $ - 129 Master Agreement with City Bonds Issued On or Before 12/31/10 1/1/2099 1/1/2099 City of Atascadero Remaining Bond Funds including activity related to Historic City Hall Earthquake Repair/Rehab 50,000 N $ 50,000 50,000 $ 50,000 $ - 130 Maintenance of former Chamber Building Property Maintenance 5/1/2009 1/1/2099 Various vendors Securing/repairing building from vagrants and grafitti N 131 Historic City Hall Earthquake Repair/Rehab Project Bonds Issued On or Before 12/31/10 12/22/2003 6/30/2014 Various vendors Historic City Hall Earthquake Repair/Rehab Project: FEMA determination of eligible costs reclassification from "Other" invoices to "Bond Proceeds" - N $ - $ - $ - 132 2010 Reimbursement/ Bond Financing agreement with City of Atascadero1 Bonds Issued On or Before 12/31/10 11/1/2015 6/30/2017 Wildan Financial Arbitrage calculation required by bond covenants 5,000 N $ 5,000 5,000 $ 5,000 $ - Atascadero Recognized Obligation Payment Schedule (ROPS 16-17) - ROPS Detail July 1, 2016 through June 30, 2017 (Report Amounts in Whole Dollars) Item #Payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Retired 16-17A 16-17B Total Project Name/Debt Obligation Obligation Type Contract/Agreement Execution Date RPTTF Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) Contract/Agreement Termination Date ROPS 16-17 Total 16-17B Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) RPTTF 16-17A Total ITEM NUMBER: C-1 DATE: 01/28/16 ATTACHMENT: 1 EXHIBIT: A A B C D E F G H I Other RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS period balances and DDR RPTTF balances retained Prior ROPS RPTTF distributed as reserve for future period(s) Rent, grants, interest, etc. Non-Admin and Admin ROPS 15-16A Actuals (07/01/15 - 12/31/15) 1 Beginning Available Cash Balance (Actual 07/01/15) 2,154,539 846,643 (744,178) 44,031 2 Revenue/Income (Actual 12/31/15) RPTTF amounts should tie to the ROPS 15-16A distribution from the County Auditor-Controller during June 2015 5,950 249,069 2,976 965,805 Column F includes transfer from RPTTF to reserve to 2004 Bond reserve fund in accordance with Bond Covenants 3 Expenditures for ROPS 15-16A Enforceable Obligations (Actual 12/31/15) 15,364 595,511 15,948 967,123 Column F includes debt service payment on 2004 Bonds from proceeds transferred to this fund in accordance with bond covenants as part of 14- 15B ROPS 4 Retention of Available Cash Balance (Actual 12/31/15) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)876,434 5 ROPS 15-16A RPTTF Balances Remaining No entry required 9,839 6 Ending Actual Available Cash Balance C to G = (1 + 2 - 3 - 4), H = (1 + 2 - 3 - 4 - 5) 1,268,691$ -$ -$ 500,201$ (757,150)$ 32,874$ ROPS 15-16B Estimate (01/01/16 - 06/30/16) 7 Beginning Available Cash Balance (Actual 01/01/16) (C, D, E, G = 4 + 6, F = H4 + F4 + F6, and H = 5 + 6)2,145,125$ -$ -$ 500,201$ (757,150)$ 42,713$ 8 Revenue/Income (Estimate 06/30/16) RPTTF amounts should tie to the ROPS 15-16B distribution from the County Auditor-Controller during January 2016 596,612 1,044,799 Column F includes transfer from RPTTF to reserve to 2004 Bond reserve fund in accordance with Bond Covenants 9 Expenditures for ROPS 15-16B Enforceable Obligations (Estimate 06/30/16)1,268,691 248,711 (949,410) 1,079,462 Column F includes debt service payment on 2004 Bonds from proceeds transferred to this fund in accordance with bond covenants as part of 14- 10 Retention of Available Cash Balance (Estimate 06/30/16) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)876,434 11 Ending Estimated Available Cash Balance (7 + 8 - 9 -10) -$ -$ -$ 848,102$ 192,260$ 8,050$ Column F balance is to meet bond covenants on 2004 bonds Atascadero Recognized Obligation Payment Schedule (ROPS 16-17) - Report of Cash Balances (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see CASH BALANCE TIPS SHEET Fund Sources Comments Bond Proceeds Reserve Balance Cash Balance Information by ROPS Period ITEM NUMBER: C-1 DATE: 01/28/16 ATTACHMENT: 1 EXHIBIT: A Item #Notes/Comments ROPS 11 The Successor Agency is supposed to be billed annually for the CC&Rs/common maintenance areas related to Colony Square and the Creekside building. These billings have historically been inconsistent and SA staff does not have a good idea of when these expenditures will be billed and paid by the SA. The expense is currently listed in both halves of the year. ROPS 123 The Successor Agency will incur sales costs when the Creekside building is sold, however, it is unknown at this time when the building will be sold. The Successor Agency has hired RSG to hire a broker and prepare marketing materials for the property. Other future costs include broker commission and some closing costs. Staff is unsure when these cost will be incurred as they may depend on the sales date, so the expense is listed in both halves of the year. The Successor Agency owns a portable that sits on City land. The portable building is old, vacant and past its useful life. The recommendation for this asset in the Long Range Property Management Plan was to demolish the building. DOF denied the estimated $15,000 line item for demolition of this building that was included on the last ROPS because a contract was not executed prior to the ROPS. DOF further said that this portable building should be transferred to the City of Atascadero. This City has not and will not accepted the responsibility for the building. It remains an asset of the Successor Agency. Because of the small dollar amount and the current building economy, the Successor Agency continues to have difficulty securing contractors willing to enter into a contract to demolish the building 5 months in the future. The SA will obtain both hazardous materials assessment estimates and demolition estimates. ROPS 132 In accordance with the 2010 bond covenants and IRS rules, an arbitrage calculation is required to be performed on the 2010 bond issue. This obligation was missed as part of previous ROPS. The SA has hired Wildan to perform the calculation as soon as possible. CASH BALANCE LINE 9, COLUMN G As reported on all previous ROPS- the Historic City Hall Earthquake Repair/Rehabilitation Project was funded in part by bonds and in part by reimbursement grants. While it is unknown at this time which portion of each invoice is paid for by bond proceeds or by FEMA/CalEMA, the Successor Agency has been reporting all invoices or portions thereof that MIGHT be eligible for FEMA/CalEMA reimbursement in the ""Other"" column. These amounts are subject to change. If the expenditure is not approved by FEMA/CalEMA it is to be funded with the 2010 bond proceeds per the bond issuance documents. While FEMA/CalEMA has reimbursed a significant portion of the invoices, FEMA has not completely closed out the project. It is hoped that there will be a small amount of FEMA/CalOES funding to still be reimbursed. That being said, because FEMA does not review invoices when incurred or paid, but instead years after the fact, it is expected that some portion of invoices listed on the ROPS under ""Other"" should in fact have been reported under ""Bond Proceeds"", causing a negative cash balance in the ""Other"" column and a false positive balance in the ""Bond Proceeds"" column. (The SA reported to the best of their knowledge at the time, but could not in fact know the exact amounts until after FEMA closeout.) As part of the ROPS 15-16B, it is expected that a correction will be entered based on the FEMA closeout. It will be reflected as an expenditure of ""Bond Proceeds"" and an equal removal of expenditures under ""Other"", correcting previous classification of invoices based on final FEMA grant determination. The current estimate is entered as a negative expenditure in the "Other" column in the Cash Balance tab. Final numbers will not be know until FEMA and CalOES close out the Project. Atascadero Recognized Obligation Payment Schedule (ROPS 16-17) - Notes July 1, 2016 through June 30, 2017 ROPS 126 ITEM NUMBER: C-1 DATE: 01/28/16 ATTACHMENT: 1 EXHIBIT: A PROGRAM BUDGETS Successor Agency Administrative Allowance FUND CODE 880 620.0000 EXPENSE July 2016 - June 2017 CLASSIFICATION DESCRIPTION BASIS AMOUNT Office Expense Postage, printing, copying, business cards, and office supplies Estimated 500$ Advertising Public hearing notices for successor agency and oversight board items Estimated 500 Insurance- Successor Agency activities Allocated portion of liability insurance costs. Covers successor agency activities, but does not include coverage of the Oversight Board Allocated 11,340 Operating Supplies Items needed for general successor agency and oversight board activities Estimated 160 Vehicle & Equipment Operating Costs Mileage reimbursement Estimated 200 Attorney services Attorney services for successor agency activities Estimated 30,000 Professional Development Successor agency and oversight board training, books, memberships and publications Estimated 2,000 Administrative Charges Allocation of support services including accounts payable, receipts, general accounting, investment, personnel, managerial and legislative services, space rental and other general overhead items Allocated 43,040 Staff Time: administrative agency and board support Agendas, minutes, record retention, correspondence and coordination of meetings Allocated 16,940 Staff Time: general management support for successor agency and board Overall successor agency and oversight board management, attendance at meetings, general staff reports and research Allocated 51,040 Staff Time: Project closeout /asset management & disposal support Project closeout, oversight of sales and marketing of creekside building, creekside building management Allocated 31,900 Staff Time: financial management support Preparation and documentation of ROPS, administrative budgets, & financial reports. Support and response to State Controller's office, Department of Finance, and county auditor controller's reports. Financial review of tax distributions. General financial management and reports. Allocated 63,720 Staff Time: low/moderate income housing administration Annual compliance monitoring in accordance with low/moderate income housing loan documents and other general housing loan program support Allocated 9,120 ITEM NUMBER: C-1 DATE: 01/28/16 ATTACHMENT: 2 PROGRAM BUDGETS Successor Agency Administrative Allowance FUND CODE 880 620.0000 EXPENSE July 2016 - June 2017 CLASSIFICATION DESCRIPTION BASIS AMOUNT Overage Budget that exceeds legislative amount of $250,000. These excess costs will be borne by the successor agency. Plugged (10,460) ITEM NUMBER: C-1 DATE: 01/28/16 ATTACHMENT: 2 ITEM NUMBER: C-2 DATE: 01/28/16 Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero Staff Report – Administrative Services Approval of Bond Proceeds for Historic City Hall Project Exceeding Department of Finance Authorized Amount RECOMMENDATION: Oversight Board adopt Draft Resolution Approving Payment of $38,059 in Bond Funds as listed on the Recognized Obligation Payment Schedule 15-16A, Report of Prior Period Adjustments, Line Item Number 128, in Excess of Department of Finance Authorized amount. DISCUSSION: On February 26, 2015, the Oversight Board of the Successor Agency to the Community Redevelopment Agency of Atascadero approved the Recognized Obligation Payment Schedule for July 1, 2015 to December 31, 2015 (ROPS 15-16A), including a Report of Prior Period Adjustments for ROPS 14-15A. ROPS 15-16A was then submitted to the State Department of Finance (DOF) for review and approval. The City of Atascadero received DOF approval of ROPS 15-16A in a letter dated April 12, 2015. In the approval letter, the DOF noted that on the ROPS 14-15A Report of Prior Period Adjustment, line item 128 actual expenditures exceeded the DOF’s prior authorization : “Finance noted on the ROPS 14-15A Prior Period Adjustment (PPA) worksheet, the Agency’s expenditures exceeded Finance’s authorization for the Bond Proceeds – Item No. 128, totaling $38,059.” In the prior period adjustment worksheet, line item num ber 128 was for expenditures for Historic City Hall Earthquake Repair/Rehabilitation Project, specifically for the Exterior Lighting Package and for Republic Elevator. The DOF had authorized expenditures of $150,000 for line item number 128 on ROPS 14-15A and actual expenditures totaled $188,059 in ROPS 15-16A, exceeding the authorized amount by $38,059. California Health and Safety Code Sections 34177 (a) and 34179 (h) provide mechanisms for Oversight Board approvals of Agency payments that exceed DOF authorized amounts. ITEM NUMBER: C-2 DATE: 01/28/16 The Successor Agency received its Finding of Completion under Section 34179.7 from the California Department of Finance by letter dated March 8, 2013. Section 34191.4(c) allows a successor agency that has received a finding of completion to use bond proceeds from bonds issued prior to 2011 for any purposes for which the bonds were sold. The funding source for the project payment of $38,059 that exceeded DOF prior authorization was from bond proceeds issued prior to 2011. These bonds were issued primarily for the completion of the Historic City Hall Project. In the abundance of transparency, staff has tried to list the estimated expenses for the Historic City Hall project on the ROPS for each period, including all transactions funding with bonds and other grants. However, capital projects in general do not always lend themselves to predictable expenditure schedules. Such was the case with this expense. Approval of this expense does not impact the Redevelopment Property Tax Trust Fund amounts available to Atascadero or the other affected taxing entities. FISCAL IMPACT: None for this action. ATTACHMENT: 1. Draft Resolution Approving the Payment of $38,059 in Bond Funds as Listed on the Recognized Obligation Payment Schedule 15 -16A, Report of Prior Period Adjustments, Line Item Number 128, in Excess of Department of Finance Authorized Amount. ITEM NUMBER: C-2 DATE: 01/28/16 ATTACHMENT: 1 DRAFT RESOLUTION RESOLUTION OF THE OVERSIGHT BOARD FOR SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO, APPROVING PAYMENT OF $38,059 IN BOND FUNDS AS LISTED ON THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 15-16A, REPORT OF PRIOR PERIOD ADJUSTMENTS, LINE ITEM NUMBER 128, IN EXCESS OF DEPARTMENT OF FINANCE AUTHORIZED AMOUNT WHEREAS, on December 29, 2011, the California Supreme Court upheld Assembly Bill x1 26 (“ABx1 26”) that dissolved all redevelopment agencies in the State as of February 1, 2012; and, WHEREAS, on January 10, 2012, the City of Atascadero elected to become the Successor Agency (“Successor Agency”) to the Community Redevelopment Agency of Atascadero, and, WHEREAS, the Successor Agency is a public body corporate and politic, organized and operating under Parts 1.8 and 1.85 of Division 24 of the California Health and Safety Code, and the successor for the former Community Redevelopment Agency of the City of Atascadero (former Agency) that was previously a community redevelopment agency organized and existing pursuant to the Community Redevelopment Law, Health and Safety Code Section 33000, et seq.; and, WHEREAS, the Successor Agency received its Finding of Completion under Health and Safety Code Section 34179.7 from the California Department of Finance by letter dated March 8, 2013; and, WHEREAS, Health and Safety Code Section 34191.4(c) allows a successor agency th at has received a finding of completion to use bond proceeds from bonds issued prior to 2011 for any purposes for which the bonds were sold; and, WHEREAS, pursuant to Section 34177(l), (m) and (o) of the California Health and Safety Code, the Successor Agency must submit a Recognized Obligation Payment Schedule (ROPS) pursuant to the applicable subdivision of Section 34177; and, WHEREAS, the Successor Agency lists pre-2011 lease revenue bond proceeds separately on a successor agency’s ROPS as required by Section 34191.4(c)(2)(A) as a funding sources for bond-eligible uses; and, WHEREAS, the Successor Agency used such proceeds for redevelopment purposes consistent with bond covenants; and, ITEM NUMBER: C-2 DATE: 01/28/16 ATTACHMENT: 1 WHEREAS, on February 26, 2015, the Oversight Board of the Successor Agency to the Community Redevelopment Agency of Atascadero (Oversight Board) approved the Recognized Obligation Payment Schedule (ROPS 15-16A) for the period of July 1, 2015 through December 31, 2015, including a reconciliation of ROPS 14-15A prior period adjustments; and, WHEREAS, subsequently, ROPS 15-16A was submitted to the State Department of Finance (DOF) for review and approval; and, WHEREAS, the City of Atascadero received DOF approval for ROPS 15-16A in a letter dated April 12, 2015; and, WHEREAS, in the approval letter dated April 12, 2015, the DOF noted that the ROPS 15- 16A Report of Prior Period Adjustment worksheet had one line item, line item 128, of bond proceeds where the actual expenditures exceeded the DOF’s prior authorization; and, WHEREAS, line item 128 on the Report of Prior Period Adjustment in ROPS 15-16A was for expenditures for Historic City Hall Earthquake Repair/Rehab Project Exterior Lighting Package and Republic Elevator. The DOF authorized expenditures totaling $150,000 and expenditures actually totaled $188,059, exceeding the authorized amount by $38,059; and, WHEREAS, the Historic City Hall Earthquake Repair/Rehab Project was a multi-year capital project for which relevant expenses are estimated to the best of staff’s ability, but for which timing differences often occur; and, WHEREAS, the Notes to the ROPS 15-16A included an explanation of the Report of Prior Period Adjustment line item 128 expenditure, indicating the difficult nature of projecting the exact costs of large capital projects well in advance of the actual activity; and, WHEREAS, Sections 34177 (a) and 34179 (h) provide mechanisms for Oversight Board approvals of Agency payments that exceed DOF authorized amounts; and, WHEREAS, the appropriate expenditure of bond proceeds will help fulfill the intent of the dissolution laws to expeditiously wind-down the affairs of the former Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED by the Oversight Board of the Successor Agency to the Community Redevelopment Agency of Atascadero as follows: Section 1. The Oversight Board hereby finds and determines that the use of bond proceeds for expenditures consistent with the applicable bond covenants will benefit the affected taxing entities by promoting the efficient use of such funds and thereby will result in community benefits and increased tax revenues to the taxing entities, based on the reasons and analysis set forth above and in the staff report accompanying this Resolution. The Oversight Board hereby further finds and determines the expenditure of bond proceeds will help fulfill the intent of the dissolution laws to expeditiously wind-down the affairs of the former Redevelopment Agency. ITEM NUMBER: C-2 DATE: 01/28/16 ATTACHMENT: 1 Section 2. The Oversight Board hereby approves the full expenditure amount of $188,059 of bond proceeds for the Historic City Hall Repair/Rehabilitation Project, as listed on line item 128 of the Report of Prior Period Adjustments, of ROPS 15-16A, which exceeded the DOF prior authorized amount by $38,059. PASSED AND ADOPTED by the Oversight Board of the Successor Agency to the Community Redevelopment Agency of Atascadero on the 28th day of January 2016, by the following vote: AYES: NOES: ABSENT: ADOPTED: OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO By: ________________________________ Roberta Fonzi, Chairperson ATTEST: ___________________________________ Lori M. Kudzma, Board Secretary