SAN CARLOS REDEVELOPMENT AGENCY - California State Controller

SAN CARLOSREDEVELOPMENT AGENCYASSET TRANSFER REVIEWReview ReportJanuary 1, 2011, through January 31, 2012JOHN CHIANGCalifornia State ControllerDecember 2014

JOHN CHIANGCalifornia State ControllerDecember 31, 2014Jeff Maltbie, City ManagerSan Carlos Redevelopment/Successor Agency600 Elm StreetSan Carlos, CA 94070Dear Mr. Maltbie:Pursuant to Health and Safety Code section 34167.5, the State Controller’s Office (SCO)reviewed all asset transfers made by the San Carlos Redevelopment Agency (RDA) to the Cityof San Carlos (City) or any other public agency after January 1, 2011. This statutory provisionstates, “The Legislature hereby finds that a transfer of assets by a redevelopment agency duringthe period covered in this section is deemed not to be in furtherance of the CommunityRedevelopment Law and is thereby unauthorized.” Therefore, our review included an assessmentof whether each asset transfer was allowable and whether the asset should be turned over to theSuccessor Agency.Our review applied to all assets including, but not limited to, real and personal property, cashfunds, accounts receivable, deeds of trust and mortgages, contract rights, and rights to paymentof any kind. We also reviewed and determined whether any unallowable transfers to the City orany other public agency have been reversed.Our review found that the RDA transferred 29,124,634 in assets after January 1, 2011,including unallowable transfers to the City totaling 3,308,092, or 11.36% transferred assets.These assets must be turned over to the Successor Agency.If you have any questions, please contact Elizabeth González, Chief, Local GovernmentCompliance Bureau, by telephone at (916) 324-0622 or by email at egonzalez@sco.ca.gov.Sincerely,Original signed byJEFFREY V. BROWNFIELD, CPAChief, Division of AuditsJVB/sk

Jeff Maltbie, City Manager-2-cc: Bob Adler, CPA, ControllerCounty of San MateoJim Porter, Oversight Board ChairCity of San CarlosTracy Kwok, Financial Services ManagerCity of San CarlosTammy Mak, AccountantCity of San CarlosDavid Botelho, Program Budget ManagerCalifornia Department of FinanceRichard J. Chivaro, Chief Legal CounselState Controller’s OfficeElizabeth González, Bureau ChiefDivision of Audits, State Controller’s OfficeBetty Moya, Audit ManagerDivision of Audits, State Controller’s OfficeAnita Bjelobrk, Auditor-in-ChargeDivision of Audits, State Controller’s OfficeDecember 31, 2014

San Carlos Redevelopment AgencyAsset Transfer ReviewContentsReview ReportSummary .1Background .1Objective, Scope, and Methodology .2Conclusion .2Views of Responsible Officials.2Restricted Use .2Finding and Order of the Controller .3Attachment—City’s Response to Draft Review Report

San Carlos Redevelopment AgencyAsset Transfer ReviewAsset Transfer Review ReportSummaryThe State Controller’s Office (SCO) reviewed the asset transfers madeby the San Carlos Redevelopment Agency (RDA) after January 1, 2011.Our review included, but was not limited to, real and personal property,cash funds, accounts receivable, deeds of trust and mortgages, contractrights, and rights to payments of any kind from any source.Our review found that the RDA transferred 29,124,634 in assets afterJanuary 1, 2011, including unallowable transfers to the City of SanCarlos (City) totaling 3,308,092, or 11.36% of transferred assets. Theseassets must be turned over to the Successor Agency.BackgroundIn January of 2011, the Governor of the State of California proposedstatewide elimination of redevelopment agencies (RDAs) beginning withthe fiscal year (FY) 2011-12 State budget. The Governor’s proposal wasincorporated into Assembly Bill 26 (ABX1 26, Chapter 5, Statutes of2011, First Extraordinary Session), which was passed by the Legislature,and signed into law by the Governor on June 28, 2011.ABX1 26 prohibited RDAs from engaging in new business, establishedmechanisms and timelines for dissolution of the RDAs, and created RDAsuccessor agencies and oversight boards to oversee dissolution of theRDAs and redistribution of RDA assets.A California Supreme Court decision on December 28, 2011 (CaliforniaRedevelopment Association et al. v. Matosantos), upheld ABX1 26 andthe Legislature’s constitutional authority to dissolve the RDAs.ABX1 26 was codified in the Health and Safety (H&S) Code beginningwith section 34161.H&S Code section 34167.5 states in part, “. . . the Controller shall reviewthe activities of redevelopment agencies in the state to determine whetheran asset transfer has occurred after January 1, 2011, between the city orcounty, or city and county that created a redevelopment agency or anyother public agency, and the redevelopment agency.”The SCO identified asset transfers that occurred after January 1, 2011,between the RDA, the City, and/or any other public agency. By law, theSCO is required to order that such assets, except those that already hadbeen committed to a third party prior to June 28, 2011, the effective dateof ABX1 26, be turned over to the Successor Agency. In addition, theSCO may file a legal action to ensure compliance with this order.-1-

San Carlos Redevelopment AgencyObjective, Scope,and MethodologyAsset Transfer ReviewOur review objective was to determine whether asset transfers thatoccurred after January 1, 2011, and the date upon which the RDA ceasedto operate, or January 31, 2012, whichever was earlier, between the cityor county, or city and county that created an RDA or any other publicagency, and the RDA, were appropriate.We performed the following procedures: Interviewed Successor Agency personnel to gain an understanding ofthe Successor Agency’s operations and procedures. Reviewed meeting minutes, resolutions, and ordinances of the City ofSan Carlos (City), the RDA, the Successor Agency, and the OversightBoard. Reviewed accounting records relating to the recording of assets. Verified the accuracy of the Asset Transfer Assessment Form. Thisform was sent to all former RDAs to provide a list of all assetstransferred between January 1, 2011, and January 31, 2012. Reviewed applicable financial reports to verify assets (capital, cash,property, etc.).ConclusionOur review found that the San Carlos Redevelopment Agency transferred 29,124,634 in assets after January 1, 2011, including unallowabletransfers to the City of San Carlos totaling 3,308,092, or 11.36% oftransferred assets. These assets must be turned over to the SuccessorAgency.Views ofResponsibleOfficialsWe issued a draft review report on November 20, 2014. Jeff Maltbie,City Manager, responded by letter dated December 4, 2014, disagreeingwith the review results. The City’s response is included in this finalreview report as an attachment.Restricted UseThis report is solely for the information and use of the City, theSuccessor Agency, the Oversight Board, and the SCO; it is not intendedto be and should not be used by anyone other than these specified parties.This restriction is not intended to limit distribution of this report, whichis a matter of public record when issued final.Original signed byJEFFREY V. BROWNFIELD, CPAChief, Division of AuditsDecember 31, 2014-2-

San Carlos Redevelopment AgencyAsset Transfer ReviewFinding and Order of the ControllerFINDING—Unallowable assettransfers to theCity of San CarlosThe San Carlos Redevelopment Agency (RDA) made unallowable assettransfers of 3,308,092 to the City of San Carlos (City). The transfersoccurred after January 1, 2011, and the assets were not contractuallycommitted to a third party prior to June 28, 2011.On June 30, 2011, the RDA made a loan repayment of 3,308,692 to theCity ( 3,100,000 in principal and 208,092 in interest).Pursuant to Health and Safety (H&S) Code section 34167.5, the RDAmay not transfer assets to a city, county, city and county, or any otherpublic agency after January 1, 2011. The assets must be turned over tothe Successor Agency for disposition in accordance with H&S Codesection 34177(d) and (e).Order of the ControllerPursuant to H&S Code section 34167.5, the City is ordered to reverse thetransfer of the assets in the amount of 3,308,092 and turn them over tothe Successor Agency.City’s Response:The City disagreed with the finding and Order of the Controller.See Attachment for the City’s complete response.SCO’s CommentThe SCO’s authority under H&S Code section 34167.5 extends to allassets transferred after January 1, 2011, by the RDA to the city orcounty, or city and county that created the RDA, or any other publicagency. This responsibility is not limited by the other provisions of theRDA dissolution legislation. As a result, loan repayments made by theRDA to the City during the periods of January 1, 2011, through January31, 2012, were unallowable.The Successor Agency may place loan agreements between the RDA andthe City on the Recognized Obligation Payment Schedule, as anenforceable obligation, provided that the Oversight Board finds that theloan was for legitimate redevelopment purposes.The Finding and Order of the Controller remain as stated.-3-

San Carlos Redevelopment AgencyAsset Transfer ReviewAttachment—City’s Response toDraft Review Report

State Controller’s OfficeDivision of AuditsPost Office Box 942850Sacramento, CA 94250-5874http://www.sco.ca.govS14-RDC-905

San Carlos Redevelopment/Successor Agency 600 Elm Street San Carlos, CA 94070 Dear Mr. Maltbie: Pursuant to Health and Safety Code section 34167.5, the State Controller's Office (SCO) reviewed all asset transfers made by the San Carlos Redevelopment Agency (RDA) to the City of San Carlos (City) or any other public agency after January 1, 2011.