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10D Action 2012 0716
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10D Action 2012 0716
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Last modified
7/24/2012 4:11:32 PM
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7/11/2012 11:49:29 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/16/2012
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_CC Agenda 2012 0716 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0716
Reso 2012-096
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
SA Reso 2012-010
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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File Number: 12 -381 <br />2013 period. <br />PASSTHROUGH PAYMENTS FOR FY 2011 -12 <br />AB 1484 provides that if any passthrough payment obligation has not yet been paid to the <br />taxing entities for fiscal year 2011 -12, the County Auditor - Controller shall make such <br />payments and shall reduce property tax allocations to the Successor Agency by the amount of <br />such payments. It is the understanding of staff that all pass- through payments due for San <br />Leandro were paid by the County Auditor - Controller and that this amount has already been <br />reflected in the June distribution from the Redevelopment Property Tax Trust Fund. <br />Bill : a 9] 11 lei 211[a]:a V2W12kyl%\ II91W_\'11VAI2111 Cal QIM7_ ,II Eel 06"] <br />The Successor Agency must hire a licensed accountant to perform a "Due Diligence Review" <br />of all housing and non - housing redevelopment agency and successor agency financial <br />activities that took place between January 1, 2011 and June 30, 2012. The purpose of the <br />review is to determine the unobligated fund balance that will be available for distribution to the <br />taxing entities. <br />The Due Diligence Review will establish the value of all assets transferred by the <br />Redevelopment Agency to the Successor Agency and by either the Redevelopment Agency <br />or the Successor Agency to the Sponsoring Jurisdiction or any other entity during the period <br />January 1, 2011 through June 30, 2012. Evidence demonstrating the requirement for each <br />transfer will be required to document that each transfer was made pursuant to an enforceable <br />obligation. <br />The review of the Housing Fund must be completed by October 1, 2012. The Oversight Board <br />must hold a public hearing on the audit by October 15, 2012. The deadline for payment is five <br />business days following the DOF's final determination which may follow a meet and confer if <br />requested by the Successor Agency. The review of all other funds must be completed by <br />December 15, 2012. The Oversight Board must hold a public hearing on the non - housing <br />audit by January 15, 2013. The deadline for payment is also five business days following the <br />DOF's determination. <br />If the Successor Agency does not remit the amounts determined to be payable as a result of <br />the Due Diligence Review, and is unable to recover funds that were transferred to other public <br />agencies without an enforceable obligation, any public agency to which funds were <br />transferred without an enforceable obligation may be subject to an offset of its sales and use <br />or property tax allocations. <br />FINDING OF COMPLETION ( "SAFE HARBOR ") <br />Issuance of Finding of Completion. After the Successor Agency pays (i) the housing fund <br />balance as determined by Due Diligence Review, (ii) the non - housing fund balance as <br />determined by Due Diligence Review, and (iii) the balance of any outstanding taxing entity <br />passthrough obligations and residual payments, DOF will issue a Finding of Completion <br />( "FOC "). <br />City - Agency Loans. Upon issuance of an FOC, loans made by the City to the Agency may be <br />City of San Leandro Page 3 Printed on 711012012 <br />
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