Loading...
2015 02 18 OBOVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY AGENDA La Quinta City Council Chambers 78-495 Calle Tampico, La Quinta, CA Regular Meeting on Wednesday, February 18, 2015 at 2:00 p.m. CALL TO ORDER Roll Call: Board Members: Henderson, Howell, Marshall, Maysels, McDaniel, Nelson, Vice Chair Osborne PLEDGE OF ALLEGIANCE PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Okd`rdbnlokdsd`ŮQdptdrssnRod`jůenql`mckhlhsxntqbnlldmsrsnsgqddlhmtsdr- When addressing the Oversight Board, please state your name and address. CONFIRMATION OF AGENDA PRESENTATIONS - NONE APPROVAL OF MINUTES 1.MINUTES OF SEPTEMBER 17, 2014 WRITTEN COMMUNICATIONS - NONE CONSENT ITEMS - NONE BUSINESS ITEMS 1.SELECT AN OVERSIGHT BOARD CHAIRPERSON TO FILL THE VACANCY OF JOHN PEÑA 2.ADOPT RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1 THROUGH DECEMBER 31, 2015 3.ADOPT RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1 THROUGH DECEMBER 31, 2015 STUDY SESSION - NONE REPORTS AND INFORMATIONAL ITEMS - NONE . BG@HQ@MCAN@QCLDLADQRŬHSDLR EXECUTIVE DIRECTOR ITEMS 1. VERBAL UPDATE ON SUCCESSOR AGENCY MATTERS ADJOURNMENT The next regular meeting of the Oversight Board will be held on March 4, commencing at 2:00 p.m. at the La Quinta City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Pam Nieto, Oversight Board Secretary, of the City of La Quinta, do hereby declare that the foregoing Agenda for the Oversight Board for Successor Agency to La Quinta Redevelopment Agency meeting of February 18, 2015 was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on February 13, 2015. Dated: February 13, 2015 ____________________________________ PAM NIETO Oversight Board Secretary Public Notices The La Quinta City Hall Council Chambers is handicapped accessible. If special equipment is needed for the hearing impaired, please call thdBhsxBkdqjŬrneehbd`s'65/(666,60/2+svdmsx, four (24) hours in advance of the meeting and accommodations will be made. 2 If special electronic equipment is needed to make presentations to the Oversight Board, `qq`mfdldmsrrgntkcadl`cdhm`cu`mbdaxbnms`bshmfsgdBhsxBkdqjŬrneehbd`s'65/(666, 7103. A one (1) week notice is required. If background material is to be presented to the Oversight Board during a meeting, please be advised the ten (10) copies of all documents, exhibits, etc., must be supplied to the Oversight Board Secretary for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Oversight Board regarding any item on this agenda will be made available for public hmrodbshnm`ssgdBhsxBkdqjŬrbntmsdq`sBhsx Hall located at 78-495 Calle Tampico, La Quinta, CA 92253, during normal business hours. 3 OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY MINUTES WEDNESDAY, SEPTEMBER 17, 2014 A meeting of the Oversight Board of the Successor Agency to the La Quinta Redevelopment Agency was called to order at 2:02 p.m. by Chairperson Peña. PRESENT: Board Members Howell, Maysels, Novak, Osborne, Chair Peña. ABSENT: Board Members Marshall and Nelson STAFF PRESENT: William Ihrke, City Attorney, Frank J. Spevacek, Executive Director of the Successor Agency PUBLIC COMMENT - None CONFIRMATION OF AGENDA ũBnmehqldc PRESENTATIONS - None APPROVAL OF MINUTES Lnshnmũ@lnshnmv`rl`cdaxAn`qcLdladqrMnu`j.Nranqmdsn`ooqnudsgd Oversight Board Minutes of August 6, 2014, as submitted. Motion passed. BUSINESS SESSION 1.ADOPT RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 1, 2015 THROUGH JUNE 30, 2015 'QdrnktshnmMn-NA1/03,//6( RESOLUTION NO. OB 2014 – 007 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY ADOPTING RECOGNIZED OBLIGATION PAYMENT SCHEDULE 14-15B FOR THE PERIOD OF JANUARY 1, 2015 THROUGH JUNE 30, 2015 MOTION — A motion was made by Board Members Howell/Osborne to adopt Resolution No. OB 2014-007. Motion passed 5 ayes, 0 noes, 2 absent. 2. ADOPT RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR THE PERIOD OF JANUARY 1, 2015 THROUGH JUNE 30, 2015 (Resolution No. OB 2014-008) RESOLUTION NO. OB. 2014-008 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR THE PERIOD OF JANUARY 1, 2015 THROUGH JUNE 30, 2015 MOTION — A motion was made by Board Members Osborne/Howell to adopt Resolution No. OB 2014-008. Motion passed 5 ayes, 0 noes, 2 absent REPORTS AND INFORMATION ITEMS — None ADJOURNMENT There being no further business, it was moved by Board Members Maysels/Howell to adjourn this meeting at 2:27 p.m. Motion passed unanimously. Respectfully submitted, Pam Nieto Oversight Board Secretary OVERSIGHT BOARD MEETING 2 September 17, 2014 OVERSIGHT BOARD MEETING DATE: February 18, 2015 ITEM TITLE: ADOPT RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1 THROUGH DECEMBER 31, 2015 AGENDA CATEGORY: BUSINESS SESSION: 2 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Adopt a Resolution approving a Recognized Obligation Payment Schedule for the period of July 1 through December 31, 2015. EXECUTIVE SUMMARY: A Recognized Obligation Payment Schedule (ROPS) identifies the obligations of the former Redevelopment Agency (RDA) that must be paid. The Successor Agency (SA) to the former RDA must submit a ROPS to the Department of Finance (DOF), Administrative Officer, and the County Auditor-Controller every six months. The attached ROPS (Attachment 1) identifies $15,221,032 of Enforceable Obligations that must be funded during the first half of Fiscal Year 2015/2016. Once the ROPS is approved by the SA, the Oversight Board (OB) is required to review and approve it. FISCAL IMPACT: The SA requests authorization to expend $2,672,038 from bond proceeds, and an allocation of $12,548,994 of property tax revenue from the Redevelopment Property Tax Trust Fund (RPTTF). The $12,548,994 of RPTTF funding includes $365,505 of administrative expenses (for the six-month period). The remaining $12,183,489 of the RPTTF allocation is to pay bond interest and principal payments. BACKGROUND/ANALYSIS: The ROPS identifies the obligations of the former RDA that the SA must fund during the first six months of Fiscal Year 2015/2016. These obligations include tax allocation bond debt service payments, third party contracts and administrative costs. The ROPS must be submitted to the above-mentioned entities by March 1, 2015. The DOF then has 45 days to make its final determination regarding the enforceable obligations, the dollar amounts, and funding sources. The SA would then have five business days to request additional DOF review and an opportunity to meet and confer on disputed items. If the ROPS is submitted late, the City will be subject to a civil fine of $10,000 per day. ALTERNATIVES: As this is a requirement of the DOF, staff does not recommend an alternative. Report prepared by: Rita Conrad, Finance Director Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. ROPS 15-16A for July 1 through December 31, 2015 RESOLUTION NO. OB 2015 - A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY ADOPTING RECOGNIZED OBLIGATION PAYMENT SCHEDULE 15-16A FOR THE PERIOD OF JULY 1, 2015 THROUGH DECEMBER 31, 2015 WHEREAS, the Oversight Board of the Successor Agency to the La Quinta Successor Agency to take certain actions to wind down the affairs of the former La Quinta Redevelopment Agency in accordance with the California Health and Safety Code; and WHEREAS, the Agency was engaged in activities to execute and implement the Project Area No. 1 Redevelopment Plan and the Project Area No. 2 provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.); and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted and the Governor signed, ABx1 26 requiring that each redevelopment agency be dissolved and Assembly Bill 27 existence if certain remittance payments were made; and WHEREAS, an action challenging the constitutionality of ABx1 26 and ABx1 27 was filed in the California Supreme Court; and WHEREAS, on December 29, 2011, the Court upheld ABx1 26 and struck down ABx1 27 as unconstitutional; and WHEREAS, on January 2, 2012, the City Council of the City of La Quinta adopted City Council Resolution No. 2012-002, affirmatively electing to be the successor agency; and WHEREAS, on June 27, 2012, the California Legislature enacted, and the made certain revisions to certain of the statutes added by ABx1 26; and WHEREAS, Health and Safety Code Section 34177 requires successor agencies to prepare and adopt, on a semi-annual basis, Resolution No. OB 2015- Adoption of Recognized Obligation Payment Schedule Adopted: February 18, 2015 Page 2 of 3 that lists all obligations of the former redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34171; and WHEREAS, the Successor Agency has prepared and approved ROPS 15-16A for the period of July 1, 2015 through December 31, 2015; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED, by the Oversight Board of the Successor Agency to the La Quinta Redevelopment Agency, as follows: SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. Approval of ROPS 15-16A. In order to enable the Successor Agency to strictly comply with ABx1 26, and based on the Recitals set forth above, the Oversight Board hereby approves ROPS 15-16A attached hereto as Exhibit A as the Recognized Obligation Payment Schedule for the period of July 1, 2015 through December 31, 2015. Pursuant to Health & Safety Section 34173(e), the liability, including, but not limited to, its liability for the obligations on the attached schedule, is limited to the total sum of property tax revenues it receives pursuant to Part 1.85 of AB x1 26. SECTION 3. Implementation. The Oversight Board hereby authorizes and directs the Executive Director to take any action and execute any documents necessary to implement this Resolution, and further authorizes the Executive Director to forward ROPS 15-16A to the Department of Finance, State Controller, County Administrative Officer, and County Auditor-Controller. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Oversight Board hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 5. The Oversight Board Secretary shall certify to the adoption of this Resolution. Resolution No. OB 2015- Adoption of Recognized Obligation Payment Schedule Adopted: February 18, 2015 Page 3 of 3 PASSED, APPROVED, AND ADOPTED at the meeting of the Oversight Board of the Successor Agency to the La Quinta Redevelopment Agency held this 18th day of February 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________________ JOHN PENA, Chairperson Oversight Board of the Successor Agency to the La Quinta Redevelopment Agency ATTEST: ______________________________ Pam Nieto Oversight Board Secretary OVERSIGHT BOARD MEETING DATE: February 18, 2015 ITEM TITLE: ADOPT RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1 THROUGH DECEMBER 31, 2015 AGENDA CATEGORY: BUSINESS SESSION: 3 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Adopt a resolution approving the Successor Agency Administrative Budget for the period of July 1 through December 31, 2015. EXECUTIVE SUMMARY: The La Quinta Successor Agency (SA) administers the former Redevelopment Agency-down activities and the Oversight Board (OB). ABx1 26 (Dissolution Act) provides for an administrative allowance to carry out these wind-down activities. The Dissolution Act requires the SA to prepare an administrative budget every six months, which is reviewed and approved by the OB. FISCAL IMPACT: For the period of July 1 through December 31, 2015, the Redevelopment Property Tax Trust Fund (RPTTF) allocation for non-administrative costs totals $12,183,489. Three percent of this total, $365,505, is requested from RPTTF funds for administrative costs associated with the activities of the Successor Agency. BACKGROUND/ANALYSIS: The Dissolution Act provides an administrative allowance for all successor agencies to carry out wind-down activities of their former redevelopment agencies and to administer the oversight boards. The amount is equal to three percent of the RPTTF allocation listed on the Recognized Obligation Payment Schedule, subject to change based on review and approval by the DOF. The estimates below include staff time required to carry out SA and OB activities: SA Administrative Budget Personnel Costs 233,088 Professional Contract Services 102,400 Supplies & Publications 4,017 Printing/Mailing/Advertising 1,000 Information Technology Costs 8,000 Office & Equipment Costs 17,000 Total Administrative Costs $365,505 The two major cost components are personnel costs and professional contract services. Personnel costs are related to City staff time required to manage SA affairs. The contract services costs are legal counsel, audit, and consulting services (as may be required).The detailed administrative budget for this time period is included as Attachment 1. Once the SA reviews and approves the administrative budget, the budget must be reviewed and approved by the OB. While the Dissolution Act does not require the administrative budgets to be submitted to the DOF, the DOF does review the actions of oversight boards the day after the oversight board meetings take place. Therefore, the DOF may question an oversight bapproval of a successor a budget. ALTERNATIVES: As this is a requirement of the DOF, staff does not recommend an alternative. Report prepared by: Rita Conrad, Finance Director Report approved for submission by: Frank J. Spevacek, City Manager Attachment: 1. Administrative Budget for July 1 through December 31, 2015 RESOLUTION NO. OB 2015 - A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2015 THROUGH DECEMBER 31, 2015 WHEREAS, the Oversight Board of the Successor Agency to La Quinta or Successor Agency, as applicable) has been established to direct the Successor Agency to take certain actions to wind down the affairs of the former La Quinta Redevelopment Agency (Agency) in accordance with the California Health and Safety Code; and WHEREAS, the Agency was engaged in activities to execute and implement the Project Area No. 1 Redevelopment Plan and the Project Area No. 2 Redevelopment Plan provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted and the Governor signed, ABx1 26 requiring that each redevelopment agency be dissolved; and WHEREAS, an action challenging the constitutionality of ABx1 26 and companion bill ABx1 27 was filed in the California Supreme Court by the California Redevelopment Association, the League of California Cities, and two individual cities; and WHEREAS, on December 29, 2011, the Court upheld ABx1 26; and WHEREAS, Health and Safety Code Section 34177(j) requires each Successor Agency to prepare a proposed administrative budget every six months setting forth the Successor Agencys estimated administrative costs of carrying out the wind-down activities of the former redevelopment agency, proposing sources of payment for such estimated administrative costs, and proposing for arrangements for administrative and operations services provided by a city, county and/or other entity; and WHEREAS, the Successor Agency has prepared a proposed administrative budget for the six-month period July 1, 2015 through December 31 2015 (the Administrative Budget); and Resolution No. OB 2015- Adoption of SA Administrative Budget Adopted: February 18, 2015 Page 2 WHEREAS, on February 17, 2015 the Successor Agency reviewed and approved the Administrative Budget; and; WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED, by the Oversight Board of Successor Agency to La Quinta Redevelopment Agency, does hereby resolve as follows: SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. Approval of Administrative Budget. The Oversight Board hereby approves the Administrative Budget, which is on file with the Secretary of the Successor Agency. SECTION 3. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Oversight Board hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 4. The Oversight Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at the meeting of the Oversight Board of the Successor Agency to La Quinta Redevelopment Agency held this 18th day of February, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________________ John Pena, Chairperson Oversight Board of the Successor Agency to La Quinta Redevelopment Agency Resolution No. OB 2015- Adoption of SA Administrative Budget Adopted: February 18, 2015 Page 3 ATTEST: _________________________________ PAM NIETO Oversight Board Secretary ATTACHMENT 1 SUCCESSOR AGENCY/OVERSIGHT BOARD JULY - DECEMBER 2015 ADMINISTRATIVE BUDGET PERSONNEL$233,088 Includes base salary plus benefits. Successor Agency Administration$168,088 Oversight Board Administration$65,000 SUPPLIES & SERVICES CONTRACT SERVICES$102,400 This account provides for legal, consulting, and audit services plus a portion of League of California Cities and California Redevelopment Agency dues related to technical assistance and training. Audits as required by ABx1 26$10,000 League of California Cities Dues & Seminars/Webinars related to ABx1 26$1,950 Legal Services for Successor Agency$45,250 Consulting Services for Successor Agency$45,200 SUPPLIES AND PUBLICATIONS$4,017 This account provides for various office supplies and publications to be used by SA and OB staff and board members Successor Agency Supplies & Publications$2,517 Oversight Board Supplies & Publications$1,500 PRINTING/MAILING/ADVERTISING$1,000$1,000 This account provides for required mailings, agenda printing, and legal advertising INFORMATION TECHNOLOGY$8,000 This account provides for annual replacement charges for information technology items such as computers, printers, and computer related items attributable to SA/OB; and support/hosting for SA/OB web pages, which are required by ABx1 26$5,500 Computer Document Storage related to Successor Agency$2,000 On-Line Muni Code related to Successor Agency $500 OFFICE & EQUIPMENT$17,000 This account provides for office space rental and equipment usage in City Hall Rent $15,000 Equipment$2,000 TOTAL ADMINISTRATIVE BUDGET$365,505 FUNDING SOURCES: Total Administrative Costs$365,505 3% Administrative Allowance per ROPS 15-16A$ 365,505 Excess Administrative costs $0 F:\\ROPS\\La Quinta ROPS 15-16A\\Admin Budget Jul-Dec 2015 FINAL