COMPLETED BOARD ORDER"�|E^��31
Before the Board of Supervisors in and for the
County of Monterey, State of California
As Successor Agency to the Redevelopment Agency of the County of
Monterey:
a. Receive information related to the assumption of responsibility
for budget and obligations in accordance with ABx1 26;
b. Affirm the Annual Budget adopted by the former
Redevelopment Agency for Fiscal Year 2011-12 and authorize
the transfer of appropriations remaining at February 1, 2012 to
the County as Successor Agency 4/5 vote);
c. Authorize the County Administrative Office and
Auditor/Controller to transfer the remaining appropriations to
the County as Successor Agency;
d. Authorize the Auditor/Controller to make payments required to
meet enforceable obligations; and
e. Eliminate five vacant positions in the Economic Development
Department 4/5ths vote required).
Upon motion of Supervisor Parker, seconded by Supervisor Armenta, and carried by those
members present, the Board of Supervisors, as the Successor Agency to the Redevelopment
Agency of the County of Monterey, the Board hereby
a. Received information related to the assumption of responsibility for budget and
obligations in accordance with ABx 1 26;
b. Affirmed the Annual Budget adopted by the former Redevelopment Agency for Fiscal
Year 2011-12 and authorize the transfer of appropriations remaining at February 1, 2012
to the County as Successor Agency 4/5 vote);
c. Authorized the County Administrative Office and Auditor/Controller to transfer the
remaining appropriations to the County as Successor Agency;
d. Authorized the Auditor/Controller to make payments required to meet enforceable
obligations; and
e. Eliminated five vacant positions in the Economic Development Department.
PASSED AND ADOPTED on this 7th day of February, 2012, by the following vote, to-wit:
AYES: Supervisors Armenta, Supervisor Calcagno, Salinas, Potter and Parker
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 76 for the meeting on February 7, 2012.
Dated: February 9, 2012
County of Monterey, State of California
Gail T. Borkowski, Clerk of the Board of Supervisors
as the Successor Agency to the Redevelopment Agency of the
By
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COMPLETED BOARD ORDER"�|E^��Existing Funds/Units/Appropriations to be renamed:
Existing Fund/Unit/Appropriation: Renamed:
Castroville/Pajaro Redevelopment Projects Castroville/Pajaro Redevelopment
171/8210/DE0008) Successor Agency at 2/1/12
171/821 O/DE0008)
Boronda Redevelopment Projects Boronda Redevelopment Successor
172/8209/DE0009) Agency at 2/1/12
172/8209/DE0009)
Fort Ord Redevelopment Projects Fort Ord Redevelopment Successor
173/8213/DEOO10) Agency at 2/1/12
173/8213/DEO010)
East Garrison Redevelopment Projects East Garrison Redevelopment Successor
174/8212/DEOO 11) Agency at 2/1/12
174/8212/DEOO 11)
Castroville/Pajaro Housing Set-Aside Castroville/Pajaro Housing Successor
175/8203/DEO012) Agency at 2/1/12
175/8203/DEOO12)
Boronda Housing Set-Aside Boronda Housing Successor Agency at
176/8202/DEOO13) 2/1/12
176/8202/DEO013)
Fort Ord Housing Set-Aside Fort Ord Housing Successor Agency at
177/8206/DE0014) 2/1/12
177/8206/DEO014)
East Garrison Housing Set-Aside East Garrison Housing Successor Agency
178/8205/DE0015) at 2/1/12
178/8205/DEO015)
New Trust Funds/Units to be added by operation of law:
1. Castroville/Pajaro Redevelopment Property Tax Trust Fund
2. Boronda Redevelopment Property Tax Trust Fund
3. Fort Ord Redevelopment Property Tax Trust Fund
4. East Garrison Redevelopment Property Tax Trust Fund
New Redevelopment Obligation Retirement Funds/Units to be added by operation of law:
1. Castroville/Pajaro Redevelopment Obligation Retirement Fund
2. Boronda Redevelopment Obligation Retirement Fund
3. Fort Ord Redevelopment Obligation Retirement Fund
4. East Garrison Redevelopment Obligation Retirement Fund
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COMPLETED BOARD ORDER"�|E^��Economic Development Department Positions to be Eliminated:
Qty Code Description Status Savings
1 14K34 Redevelopment & Housing Director Vacant 79,132
1 14M11 Redevelopment Program Manager Vacant 35,652
1 41F32 Redevelopment & Housing Project
Analyst III Vacant 54,570
1 41F31 Redevelopment & Housing Project
Analyst 11 Vacant 50,282
1 80A31 Secretary Vacant 27,896
5 Total 247,532
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SIGNED BOARD REPORT"�|E^��MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: February 7, 2012 Consent AGENDA NO.:
SUBJECT: As Successor Agency to the Redevelopment Agency of the County of Monterey:
a. Receive information related to the assumption of responsibility for budget and
obligations in accordance with ABx1 26;
b. Affirm the Annual Budget adopted by the former Redevelopment Agency for
Fiscal Year 2011-12 and authorize the transfer of appropriations remaining at
February 1, 2012 to the County as Successor Agency 4/5 vote);
c. Authorize the County Administrative Office and Auditor/Controller to transfer
the remaining appropriations to the County as Successor Agency;
d. Authorize the Auditor/Controller to make payments required to meet enforceable
obligations; and
e. Eliminate five vacant positions in the Economic Development Department, 4/5
vote).
DEPARTMENT: Economic Development
RECOMMENDATION:
It is recommended that the Board of Supervisors acting as the Successor Agency to the Redevelopment
Agency of the County of Monterey:
a. Receive information related to the assumption of responsibility for budget and obligations in
accordance with ABx 126;
b. Affirm the Annual Budget adopted by the former Redevelopment Agency for Fiscal Year 2011-12
and authorize the transfer of appropriations remaining at February 1, 2012 to the County as
Successor Agency 4/5 vote);
c. Authorize the County Administrative Office and Auditor/Controller to transfer the remaining
appropriations to the County as Successor Agency;
d. Authorize the Auditor/Controller to make payments required to meet enforceable obligations; and
e. Eliminate five vacant positions in the Economic Development Department 4/5 vote).
SUMMARY:
On December 29, 2011, the California Supreme Court issued a decision that dissolves redevelopment
agencies effective February 1, 2012. The County has agreed to serve as the Successor Agency for the
Monterey County Redevelopment Agency and, as Successor Agency," will assume fiscal responsibility
for the Agency's revenues and obligations consistent with applicable law. The recommended actions
transfer appropriation authority to the Successor Agency, prorated for the remainder of the Fiscal Year
2011-12, for budgetary purposes. The Successor Agency is required by law to make payments only on
enforceable obligations. Based on the anticipated reduction in revenues to the Economic Development
Department for redevelopment activities, a number of staff vacancies are recommended for elimination.
The Board Order contains the details related to these actions.
DISCUSSION:
Assembly Bill AB) xl 26 the Dissolution Act) was signed into law by the Governor on June 28, 2011.
The Dissolution Act modifies the Community Redevelopment Law by setting up a process for the
dissolution of redevelopment agencies and a winding down of their affairs. The Dissolution Act was
upheld by the California Supreme Court and the effective date for dissolution is February 1, 2012. On
1
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SIGNED BOARD REPORT"�|E^��January 10, 2012, the Board of Supervisors adopted resolutions electing to serve as the Successor Agency
and the Successor Housing Agency to the Redevelopment Agency, as provided for in the legislation.
ABx1 26 requires a number of actions and processes to effectuate the dissolution of the Redevelopment
Agency. Key actions are summarized below:
1. In compliance with the requirements of the legislation, on January 24, 2012, the Redevelopment
Agency adopted an updated Enforceable Obligation Payment Schedule" EOPS), which identifies
existing debt obligations to be repaid. The purpose of this schedule is to provide a basis for
paying down debt and ensure that no new debt is created.
2. After February 1 but before March 1, the County Successor Agency is to prepare a Recognized
Obligation Payment Schedule" ROPS) identifying enforceable obligations and projecting dates
and amounts of payments. The purpose of this schedule is to review the EOPS adopted by the
Redevelopment Agency and ensure that only enforceable obligations recognized under the
Dissolution Act are included for repayment and that there is clear direction given staff to
undertake specific activities related to meeting the enforceable obligations.
3. Before May 1, the County Successor Agency must report to the State Department of Finance the
membership of a legislatively created Oversight Board" which has specified membership that
includes representatives from the County, schools, special districts and the public. The Oversight
Board will review and direct the actions of the Successor Agency in winding down the affairs of
the former Redevelopment Agency.
4. Before July 1, the County Auditor-Controller must undertake a series of audits of the various
former redevelopment agencies located within the County to confirm assets and liabilities,
determine proper pass-through payment obligations and confirm the Recognized Obligation
Payment Schedules for each former agency. The results of these audits are to be provided to the
State by July 15.
5. Additionally, the Auditor-Controller must create Redevelopment Property Tax Trust Funds for
each former redevelopment agency and deposit property taxes that would otherwise have been
considered tax increment into those funds for the purposes of repaying debt and providing any
excess funds to appropriate taxing entities.
On February 1, 2012, the Redevelopment Agency of the County of Monterey was dissolved and, by
operation of law, the assets and liabilities of the former Agency have been transferred to the Successor
Agency. Prior to March 1, 2012 the ROPS will be prepared and considered by the Successor Agency,
which will be the basis of a budget for the Successor Agency to wind up the affairs of the former
Redevelopment Agency. Between February 1, 2012 and the County's action on the ROPS, existing
enforceable obligations, as listed on the EOPS, must be met, including reimbursement to the County for
staff costs and other required payments. Therefore, appropriation authority must be transferred to the
Successor Agency, and the Auditor/Controller must be provided with authority to modify this year's
budget and existing appropriations.
In order to comply with the requirements of the Dissolution Act, the recommendation includes a number
of actions related to the adopted budgets and appropriations. These actions include reaffirming the former
Redevelopment Agency's budget for the current Fiscal Year and recognizing the transfer of the remaining
appropriations to the County as Successor Agency, instructing staff to administratively rename the funds
2
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SIGNED BOARD REPORT"�|E^��containing the former Redevelopment Agency's assets to recognize the County's role as Successor
Agency, and authorizing the Auditor/Controller to spend Successor Agency's transferred appropriations
as required.
In addition, the recommendation includes the elimination of certain vacant positions from the Economic
Development Department, as specified in the Board Order, in response to budgetary constraints.
Economic Development Department staff is currently preparing updated budgets for all the department
functions and will be coming back to the Board with additional actions, including the potential
elimination of filled positions to reflect ongoing funding and the work load required to fulfill the ROPS.
It is possible that new legislation will be passed and signed by the Governor that may affect some of the
details of the required implementing actions and/or budget impacts.
OTHER AGENCY INVOLVEMENT:
Economic Development Department staff has been working with the County Counsel's Office and the
County Auditor-Controller's Office to prepare for the various actions and activities that are required by
the legislation and Court decision.
FINANCING:
All assets, including cash and cash equivalents and properties held as of February 1, 2012, were
transferred to the Successor Agency by operation of law. No action was required to effectuate this
transfer, however the Successor Agency must be provided with appropriation authority in order to fulfill
its obligations to wind down redevelopment activities. The remaining appropriations at February 1 will
not exceed the obligations on the Enforceable Obligation Payment Schedule for the rest of the fiscal year
and fund balances plus measurable and recognized revenues. The former Redevelopment Agency funds
are not transferred into the County General Fund but are to be segregated and used solely for the payment
of obligations of the former Redevelopment Agency. The Successor Agency is obligated to honor the
enforceable obligations until such time as the Recognized Obligation Payment Schedule is confirmed by
the Successor Agency and ultimately by the Oversight Board. On June 21, 2011 the Board of Directors of
the Redevelopment Agency of the County of Monterey adopted the Fiscal Year 2011-12 Budget. This
action formalizes the authority of the County, as Successor Agency, to use remaining appropriations to
the extent needed to meet enforceable obligations. It is anticipated that another budget adjustment will be
required in connection with the preparation of the Recognized Obligation Payment Schedule before
March 1.
Prepared by: Approved by:
Marti Noel, Assistant Director
Date:
J' Cook, Director
Attachments: Schedule of Budget Units transferring to County of Monterey as Successor Agency, List of
positions to be eliminated
3
BIB]
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