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2012 07 03 SACITY AS SUCCESSOR Ad ENCY TO THE LAQUINTA REPEVELOPMENTACmENCY Agendas and staff reports are available on the City's web page: www.la-quinta.org AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico I La Quinta, California Regular Meeting TUESDAY, JULY 3, 2012 AT 4:00 P.M. Beginning Resolution No. SA 2012-009 CALL TO ORDER ROLL CALL Successor Agency Members: Evans, Franklin, Henderson, Osborne and Chairperson Adolph CLOSED SESSION - NONE PUBLIC COMMENT At this time members of the public may address the City Council acting as the legislative body for the City as S uccessor Agency to the La Quinta Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1 . APPROVAL OF MINUTES OF JUNE 19, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1 . APPROVAL OF DEMAND REGISTER DATED JULY 3, 2012 CITY AS SUCCESSOR AGENCY TO RDA 1 00. JULY 3, 2012 2. ADOPTION OF A RESOLUTION APPROVING THE FISCAL YEAR 2012/2013 SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY BUDGET BUSINESS SESSION - NONE STUDY SESSION - NONE DEPARTMENT REPORTS 1 SUMMARY OF REDEVELOPMENT AGENCY DISSOLUTION BUDGET TRAILER BILL ADJOURNMENT The next regular meeting of the City as Successor Agency to the La Quinta Redevelopment Agency will be held on July 17, 2012 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING 1, Susan Maysels, Interim City Clerk of the City as Successor Agency to the La Quinta Redevelopment Agency, do hereby declare that the foregoing agenda was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on June 29, 2012. DATED: June 28, 2012 sv-� fV� *A4# SUSAN MAYSELS, Inteqim City Clerk City of La Quinta, California CITY AS SUCCESSOR AGENCY TO RDA , 2 JULY 3, 2012s, 30 002 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777-7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk 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 City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY AS SUCCESSOR AGENCY TO RDA 3 003 JULY 3, 2012 T'af ot 4 as&& CITYHMEETING DATE: Julv3,2012 ITEM TITLE: Approval of Demand Register Dated July 3, 2012 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION' It is recommended the Successor Agency of the La Quinta Redevelopment Agency: Receive and File the Demand Register Dated July 3, 2012 of which $224,606.03 Represents Successor Agency Expenditures as detailed below: Vendor: Account #: Amount: Purpose: Rosenow Spevacek Grp 231-9001-702.32-07 $11,659.92 Housing Compliance Rosenow Spevacek Grp 232-9002-702.32-07 $5,537.50, Coral Mountain Rosenow Spevacek Grp 232-9002-702.32-07 $1,587.50. Torre Nissan Rosenow Spevacek Grp 237-9001-702.32-07 $1,549.38 Admin SA1 Rosenow Spevacek Grp 238-9002-702.32-07 $763.12 Admin SA2 Lance Sol[ & Lunghard 237-9001-702.32-13 $3,852.50 RDA Audit Lance Soll & Lunghard 238-9002-702.32-13 $1,897.50 RDA Audit Caha, Becky 237-9001-702.32-07 $952.61 LQ Housing Program Torre Nissan 417-9002-702.80-05 $196,606.OD Disbursement Req 0 0 4 By adoption of Resolution No. 2012-002, the City of La Quinta has affirmatively elected to be the Successor Agency of the La Quinta Redevelopment Agency. Pursuant to Health and Safety Code Section 34177(a), the Successor Agency of the La Quinta Redevelopment Agency shall continue to make payments required pursuant to an adopted enforceable obligations payment schedule. The payments above are required pursuant to the enforceable obligations payments schedule adopted by the La Quinta Redevelopment Agency on January 17, 2012. Pursuant to Health and Safety Code Seciton 34173(e), the liability of the SuccessorAgency of the La Quinta Redevelopment Agency, when acting pursuant to the powers granted under ABX126, are limited to the extent of the total sum of property tax revenues it receives pursuant to part 1.85 of ABX126 (e.g., Health and Safety Code Sections 34170 — 374190) and the value of assets transferred to it as Successor Agency for the dissolved La Quinta Redevelopment Agency. Respectfully submitted, 3" John M. Falconer, Finance Director ..Is .. o05 CITY/&HA/FA MEETING DATE: July 3, 2012 AGENDA CATEGORY: ITEM TITLE: Adoption of a Resolution Approving the BUSINESS SESSION: Fiscal Year 2012/2013 Successor Agency to the La CONSENT CALENDAR: -2- Quinta Redevelopment Agency Budget STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the Successor Agency to the La Quinta Redevelopment Agency approving the Fiscal Year 2012/2013 Budget. FISCAL IMPLICATIONS: All Fiscal Year 2012/2013 revenues, operational expenses, and debt service payments, are included in the Proposed Fiscal Year 2012/2013 Budget (see Attachment 1 of City Council staff report). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the Successor to the La Quinta Redevelopment Agency Meeting of June 5, 2012, the Agency adopted the Preliminary Budget and provided staff direction regarding the Final Budget for the 2012/2013 Fiscal Year. FINDINGS AND ALTERNATIVES: The alternatives available to the Successor Agency to the La Quinta Redevelopment Agency include: 1) Adoption of a Resolution of the Successor Agency to the La Quinta Redevelopment Agency approving the Fiscal Year 2012/2013 Budget; or 006 2) Provide staff with alternative direction. Respectfully submitted, Aq �M e- X6�� '-- �John M. �FalcoonerFinanceDirector Approved for submission by: J. S5e-Y&PeC, Executive Director .007 RESOLUTION NO. SA 2012- A RESOLUTION OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY APPROVING A BUDGET FOR FISCAL YEAR 2012/2013 WHEREAS, each year the Successor Agency to the La Quinta Redevelopment Agency adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the Successor Agency to the La Quinta Redevelopment Agency desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the Successor Agency to the La Quinta Redevelopment Agency has reviewed said budget and has had several public meetings to receive public input; and WHEREAS, the Successor Agency to the La Quinta Redevelopment Agency has, after due deliberation and consideration, made such amendments in the proposed budget as it considers desirable; and NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the La Quinta Redevelopment Agency to adopt, as follows: SECTION 1. The Fiscal Year 2012/2013 Budget which is on file with the Successor Agency to the La Quinta Redevelopment Agency Secretary is hereby approved. SECTION 2. Continuing Appropriations which remain unspent and were authorized by the Agency in Fiscal Year 2011/2012 are approved in the Fiscal Year 2012/2013 Budget in an amount not to exceed $1,000,702 and encumbrances are approved in the Fiscal Year 2012/2013 Budget in an amount of $0 (Exhibit A). SECTION 3. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon Redevelopment Agency approval. B. Transfers of budgeted appropriations between divisions or capital projects shall be made only upon Redevelopment Agency approval. 008 Resolution No. RDA 2012- Budget Approval FY 201212013 Adopted: July 3, 2012 Page 2 C. Transfers of budgeted appropriations between accounts within a division or capital project may be made with the approval of the Executive Director or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project appropriations remaining from uncompleted prior year capital projects shall be made with Executive Director approval. These carry-over appropriations are for prior year Redevelopment Agency approved capital projects and shall not exceed the approved project budget. SECTION 4. The Executive Director shall render a monthly report to the Successor Agency to the La Quinta Redevelopment Agency Board on the status of Agency operations as it relates to the approved budget and any amendments thereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the Successor Agency to the La Quinta Redevelopment Agency held on this 3rd day of July, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chair Successor Agency to the La Quinta Redevelopment Agency ATTEST: SUSAN MAYSELS, Interim Agency Secretary Successor Agency to the La Quinta Redevelopment Agency (SEAL) 009 Resolution No. RDA 2012- Budget Approval FY 2012/2013 Adopted: July 3. 2012 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, Agency Counsel 010 EXHIBIT A Successor Agency to the La Quinta Redevelopment Agency Fiscal Year 2011/12 Continuing Appropriations/Encumbrances - Note I 21-Jun-12 As Dresenteo in 13 Cl t D ments _quage_ocu Co ' uing Department Account Description Aro- iation I Encl'jmhran�. Total PA 2 Taxable Bond Fund 417-9002-702.80-05 Torre Nissan Agreement 1,000,702 1,000,702 Total --- 1,000,702 0 1,000,702 ,Total Successor Aq 4 nnn n, A Note 1 - The appropriations and encumbrances listed will be adjusted to reflect actual expenditures as of June 30, 2012 in Fiscal Year 2011-2012 Oil SA Department Report: J_ T4191 4 4 Quuro MEMORANDUM TO: Chairperson and Members of the Successor Agency FROM: Debbie Powell, Economic Development/Housing Manager DATE: July 3, 2012 SUBJECT: Summary of Redevelopment Agency Dissolution Budget Trailer Bill The California State Assembly and Senate passed Assembly Bill 1484 on June 27, 2012. The Bill has likely been signed by the Governor as of this writing. Listed below are some of the highlights of AB 1484. A complete copy of the bill is available in the City Manager's office. AB 1484 is the 2012/2013 State Budget Trailer Bill that amends certain provisions of ABx1 26, the Redevelopment Dissolution Law. Key provisions include: $22,000,000 is allocated to the Department of Finance (DOF) from the State's General Fund for costs associated with the unwinding of redevelopment. In regards to housing assets, the bill requires that a listing of housing assets be submitted to DOF by August 1, 2012. The bill requires that the DOF review and object to any asset or transfer, with any objections potentially subject to a meet and confer resolution process, to be defined in the future by the DOF. The bill allows pre-2011 housing bond proceeds to be retained by the Housing Successor for affordable housing projects. However, the law is silent on the post-2011 housing bond proceeds — this appears to be subject to further discussion at the State level. The bill provides that bond covenants are enforceable obligations, and bond proceeds must be used in a manner consistent with the bond covenants. A new "due diligence review" requirement has been added: 1. The City (as successor agency) must retain a licensed accountant approved by the County Auditor -Controller (County A/C) with experience and expertise in local government accounting to complete a "due -Is � 1. J_ 012 diligence review to determine the unobligated balances available for transfer to taxing entities." The City must submit the due diligence review to the County A/C, the State Controller's Office (SCO), and the DOF prior to October 1, 2012 (with respect to the former Redevelopment Agency's (RDA) Low -Mod Housing Fund) and by December 15, 2012 for all other funds. The Oversight Board (OB) must then review and approve by October 15, 2012 and January 15, 2013, respectively. DOF then must review and approve by November 9, 2012 (for the Low/Mod fund) and by April 1, 2013 (for other assets/funds). 2. Once any disputes are resolved and the due diligence review and the amount of cash or cash equivalents available for immediate disbursement to the taxing entities has been determined, the City (as successor agency) must remit the amount of funds required to the County A/C within five (5) working days. 3. By December 1, 2012, the County A/C is supposed to provide a report to DOF confirming whether each successor agency in that county has remitted the correct sum owing with respect to the former RDA's housing fund. The County A/C's report as to other funds is due to DOF by April 20, 2013. There are potentially huge penalties, which could include a reduction in sales tax allocations to the City or a reduction of property tax allocations. 4. Once the City has made the required payment to the County A/C and the County A/C confirms with DOF, DOF is supposed to issue, within five (5) business days a "finding of completion." Other provisions include: The bill requires numerous submittals of Recognized Obligation Payment Schedules to the County A/C, DOF, and SCO. If a ROPS is not filed on time, a fee of $10,000 per day will be assessed on the City that created the former RDA. The SCO can also independently question ROPS items. The DOF can call up OB actions in five (5) days (previously 3) and has forty (40) days (previously 10) to approve the action or return it to the OB for review. New long-range, detailed asset management plans (i.e., disposing of assets) must be created and submitted to the OB and DOF for approval. Asset transfers and property disposition require a 10-day public notice period before an OB meeting is convened to consider the transfer/disposition action. 013 Successor Agencies must complete significant reporting activities on all assets and expenditures, even for those housing assets transferred to a successor housing entity. The OB members no longer have personal immunity, and are now protected by the immunities available to public entities and public employees. The bill provides unused bond proceeds may be used to buy back the bonds on the open market to eliminate the obligation. The Successor Agency may also refund bonds if there is a significant cost savings. If the Successor Agency receives a "finding of completion" from the DOF (i.e., the Successor Agency has complied with all provisions of AB 1484), there are provisions that allow for the repayment of outstanding City/Agency loans if the OB finds the loan was for legitimate redevelopment purposes. However, the law is silent on City/Agency loans repaid prior to redevelopment dissolution. 014