HomeMy WebLinkAboutItem 1b: Redevelopment Agency Excess Surplus PlanDATE: January 5, 2010
TO: Redevelopment Agency Board
FROM: Jason Kruckeberg, Assistant City Manager /Development Services -
Director
By: Jerry Schwartz, Economic Development Manager
SUBJECT: REDEVELOPMENT AGENCY EXCESS SURPLUS PLAN
Recommendation: Approve
BACKGROUND
The Arcadia Redevelopment Agency is required to set aside 20% of the tax increment
received annually to increase and improve the supply of housing that is available to low
and moderate income individuals and families. Redevelopment Law (California Health
& Safety Code) is focused on redevelopment agencies spending or encumbering
affordable housing funds, even though it can take several years to accumulate money
rr for a large housing project. Encumbering can occur when the Agency has an approved
development agreement that involves a financial obligation in the future. If a
redevelopment agency accumulates too large a balance in its housing fund without
spending or encumbering the funds, it can have an "excess surplus ". "Excess surplus"
occurs when the adjusted unencumbered balance exceeds the greater of 1) $1 million,
or 2) the combined amount of tax increment revenue deposited over the preceding four
fiscal years. When an agency accumulates an excess surplus, it must create a plan to
expend or encumber its low /mod housing funds within three years. It can also choose
to turn the excess surplus funds over to the County Housing Authority.
The Arcadia Redevelopment Agency had an excess surplus of $1,059,722 at the end of
the 2008 -2009 fiscal year. As a result, the Agency must approve a plan to expend these
funds for low /mod housing.
DISCUSSION
STAFF REPORT
Arcadia Redevelopment Agency
The Redevelopment Agency has completed two affordable housing projects, the 54 -unit
Heritage Park low income senior apartment complex that opened in 2004 and the six -
unit Alta Street Classics that provided first time homebuyer opportunities for moderate
income purchasers that was occupied in 2008. The Agency expended $1.8 million for
the Heritage Park project and $2.2 million for the Alta Street Classics.
Redevelopment Law (Health and Safety Code Section 33334.12) requires that an
Agency with an excess surplus prepare a plan to expend or encumber the funds within
three years. The Excess Surplus Plan is attached as Exhibit A. Of the $1,059,722 that
is reported as the Agency's excess surplus, $531,000 was expended in July 2009 (after
the close of the Fiscal Year) to complete the purchase of 15 Lucille Street as a site for a
new affordable housing project, leaving $528,722 unexpended. The cost to demolish
the existing structures, grade the site, and develop new housing units will exceed the
remaining $528,722. It is anticipated that the entire excess surplus amount will be
expended in 2010. The Excess Surplus Plan reflects the funds already spent on 15
Lucille St. and the anticipated expenditures to develop the project.
It is important to realize that excess surplus calculations are an ongoing process. Each
year the cash flow and spending for housing funds is calculated to determine whether or
not an excess surplus situation exists. Staff will continue to monitor these calculations
and is continuing to pursue other affordable housing opportunities. Investing in
additional affordable housing projects over time is the Agency's goal to avoid any future
issues with excess surplus.
ENVIRONMENTAL REVIEW
The excess surplus plan is exempt from CEQA review because it is general in nature.
Specific low and moderate income housing projects would be subject to the appropriate
CEQA review.
FISCAL IMPACT
There is no fiscal impact on the General Fund. The impact of this excess surplus plan
would be to expend the Agency's low and moderate income housing funds while
avoiding similar findings in future years.
RECOMMENDATION
Approve the excess surplus plan.
Approve:
Donald Penman, City Manager
Exhibit A — Excess Surplus Plan
Staff Report
January 5, 2010
Page 2
EXHIBIT A
ARCADIA REDEVELOPMENT AGENCY
EXCESS SURPLUS PLAN
LOW /MOD HOUSING FUND
January 5, 2010
Definition of Excess Surplus
"Any unexpended and unencumbered amount in an agency's Low and Moderate
Income Housing Fund that exceeds the greater of one million dollars
($1,000,000) or the aggregate amount deposited into the Low and Moderate
Income Housing Fund pursuant to Sections 33334.2 and 33334.6 during the
agency's preceding four fiscal years." (Health and Safety Code Section
33334.12(g)(1).
Definition of Encumbered
The definition of encumbered, as used above, is "Moneys shall be deemed
encumbered if committed pursuant to a legally enforceable contract or
agreement for expenditure for purposes specified in Section 33334.2 or 33334.3"
(Health and Safety Code Section 33334.12.(g)(2).
Excess Surplus — Arcadia Redevelopment Agency
At the end of fiscal year 2008 -2009, the Agency had an excess surplus of
$1,059,722.
Plan to Expend or Encumber Excess Surplus Funds
The Health and Safety Code does not require this plan to be specific as to project
or levels of affordability. The Agency purchased the site at 15 Lucille Street to
develop an affordable housing project. Escrow closed on July 16, 2009. The
Agency paid $538,000 for the property, with $531,000 of that expenditure
occurring in July 2009, after the close of the 08/09 Fiscal Year.
Excess Surplus (as of 6/30/009) -
Less purchase of 15 Lucille -
$1,059,722
$ 531,000
Remainder to be spent or encumbered - $ 528,722
The completion of an affordable housing project at 15 Lucille, including
demolition and site clearance, development of plans, and construction of the
housing units, will cost the Agency more than the $528,722 still to be spent or
encumbered. It is expected that these remaining funds will be encumbered
during calendar year 2010, and possibly by the end of the 2009 -2010 fiscal year.
It is also expected that other affordable housing projects will be pursued during
the calendar year 2010, providing additional options for the Agency to encumber
and spend the affordable housing funds currently shown as excess surplus.