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2012 12 05 OB0 0 Oversight Board agendas and staff reports are now available on the City's web page: www.la-guinta.org OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on WEDNESDAY, DECEMBER 5, 2012 at 2:00 P.M. CALL TO ORDER 1. Roll Call 2. Pledge of Allegiance PUBLIC COMMENT At this time members of the public may address the Board 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 the minutes of November 28, 2012 CONSENT CALENDAR 1. Adoption of a Resolution Approving the Non -Housing Fund Due Diligence Review Pursuant to AB 1484 • ADJOURNMENT The next regular meeting of the Oversight Board will be a held on January 16, 2013 at 2:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Lori Lafond, Oversight Board Secretary, of the City of La Quinta, do hereby declare that the foregoing Agenda for the Oversight Board of the Successor Agency to La Quinta Redevelopment Agency special meeting was posted on the outside entry to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on November 30, 2012. DATED: November 30, 2012 dL� j� " LORI LAFOND, Over ght Board Secretary City of La Quinta, California Public Notices The La Quinta City Study Session Room is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at (760) 777-7123, 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 Oversight Board, arrangements should be made in advance by contacting the City Clerk's office at (760) 777-7123. A one (1) week notice is required. If background material is to be presented to the Board during an Oversight Board meeting, please be advised that ten (10) copies of all documents, exhibits, etc., must be supplied to the Oversight Board Secretary 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 Oversight Board regarding any item(s) on this agenda will be made available for public inspection at the City Clerk's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. OVERSIGHT BOARD AGENDA 2 DECEMBER 5, 2012 0 OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY MINUTES WEDNESDAY, NOVEMBER 28, 2012 CALL TO ORDER A special meeting of the Oversight Board of the Successor Agency to La Quinta Redevelopment Agency was called to order at 2:03 p.m. by Chairperson Pena. PRESENT: Board Members Ellis, Marshall, Maysels, McDaniel and Chairperson Pena ABSENT: Board Members Nelson and Osborne STAFF PRESENT: Frank J. Spevacek, Executive Director of the Successor Agency Debbie Powell, Economic Development/Housing Manager PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed as submitted APPROVAL OF MINUTES Motion - A motion was made by Board Members Maysels/Marshall to approve the Oversight Board Minutes of October 10, 2012, as submitted. Motion passed unanimously. PUBLIC COMMENT SESSION 1. Receive Public Comments Regarding Non -Housing Fund Due Diligence Review Pursuant to AB 1484 No public comment. ADJOURNMENT There being no further business, it was moved by Board Members Maysels/Ellis to adjourn this meeting at 2:07 p.m. Motion passed unanimously. Respectfully submitted, LORI LAFOND, Oversight Board Secretary City of La Quinta, California SPECIAL MEETING OVERSIGHT BOARD 2 NOVEMBER 28, 2012 0 0 4W OVERSIGHT BOARD MEETING DATE: December 5, 2012 ITEM TITLE: Adoption of a Resolution Approving the Non -Housing Fund Due Diligence Review Pursuant to AB 1484 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I STUDY SESSION: PUBLIC HEARING: Adopt a resolution reviewing, approving, and transmitting the determination non - housing fund cash and cash equivalents available for disbursement pursuant to Health and Safety Code Section 34179.5 EXECUTIVE SUMMARY: The Oversight Board held the required public comment session on November 28, 2012; no public comment was received. The County Auditor -Controller had no additional input or opinion. If the Oversight Board elects to approve the Due Diligence Review ("DDR") today, staff will inform the Department of Finance ("DOF"). The DOF is required to provide its final determination no later than April 1, 2013. FISCAL IMPACT: None for this action. Based on the DDR, there are no unobligated non -housing funds available for distribution to taxing agencies. However, this could change based upon review and input from the DOF. BACKGROUND/ANALYSIS: Pursuant to AB 1484, the Successor Agency to La Quinta Redevelopment Agency hired a licensed accountant to conduct a due diligence review of the housing and non -housing funds to determine the amount of unobligated funds available for distribution to taxing agencies. The non -housing DDR was completed by November 20, 2012 (Attachment 1). 0 0 As required by AB 1484, the Successor Agency transmitted the completed non - housing fund DDR to the county administrative officer, the county auditor - controller, and the DOF. The Successor Agency must incorporate any comments/input from the county auditor -controller ("CAC"). As of this writing, staff has not heard from the CAC; staff will inform the Board• of CAC comments/input at the December 5" meeting. After the Oversight Board approves the DDR, the DOF must make its final determination by April 1, 2013; staff will keep the Oversight Board informed. Respectfully submitted, Debbie Powell Economic Development/Housing Manager Attachments: 1. Non -Housing Fund Due Diligence Review 2 ® ® ATTACHMENT Successor Agency of the Former La Quinta Redevelopment Agency Due Diligence Review of the Other Redevelopment Agencies Funds Pursuant to Sections 34178.6(c)(1) through 34178.6(c)(6) of Assembly Bill No. 1484 of 2012 Successor Agency of the Former La Quinta Redevelopment Agency Due Diligence Review of the Other Redevelopment Agency Funds Pursuant to Sections 34179.5(c)(1) through 34179.5(c)(6) of Assembly Bill No. 1484 of 2012 E LSEcoo CERTIFIED PUBLIC ACCOUNTANTS • Brandon W. Burrows, CPA • David E. Hale, CPA, CFP AFMftWWCWPWf 0n • Donald G. Slater, CPA • Richard K. Kikuchi, CPA • Susan F. Matz, CPA • Shelly K. Jackley. CPA • Bryan S. Gruber, CPA • Deborah A. Harper, CPA INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES To the Successor Agency of the Former La Quinta Redevelopment Agency City of La Quinta, California We have performed the procedures enumerated in Attachment A for the Other Redevelopment Agency Funds, which were agreed to by the California State Controller's Office and the State, of California Department of Finance (State Agencies) solely to assist you in ensuring that the dissolved redevelopment agency is complying with Assembly Bill 1484, Chapter 26, Section 17's amendment to health and safety code 34179.5. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Management of the successor agency is responsible for providing all the information obtained in performing these procedures. The sufficiency of these procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representations regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. As stated above, the scope of this engagement was limited to performing the procedures identified in Attachment A, which specified the *List of Procedures for the Due Diligence Review" obtained from the California Department of Finance Website. The results of the procedures performed are identified in Attachment B1 through B11. We were not engaged to and did not conduct an audit, the objective of which would be the expression of a certified opinion as to the appropriateness of the results of the procedures performed. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to the Successor Agency. This report is Intended solely for the information and use of the Successor Agency Oversight Board, the Successor Agency and the applicable State Agencies, and is not intended to be, and should not be used by anyone other than these specified parties. This restriction is not intended to limit distribution of this report, which is a matter of public record. -/awl, .I 4, �� Brea, California November 20, 2012 Lams, gall & Longhand. LLP 203 North Brea Boulevard • Suite 203 • Brea, CA 92821 TEL: 714,672.0022 Fax: 714.672.0331 www.lslcpas.com Orange County • Temecula Valley • Silica" Valley 0 11 ATTACHMENT A List of Procedures for Due Diligence Review of the Other Redevelopment Anencv Funds 1. Obtain from the Successor Agency a listing of all assets that were transferred from the former redevelopment agency to the Successor Agency on February 1, 2012. Agree the amounts on this listing to account balances established in the accounting records of the Successor Agency. Identify in the Agreed - Upon Procedures (AUP) report the amount of the assets transferred to the Successor Agency as of that date. 2. If the State Controller's Office has completed its review of transfers required under both sections 34167.5 and 34178.8 and issued its report regarding such review, attach a copy of that report as an exhibit to the AUP report. If this has not yet occurred, perform the following procedures: a. Obtain a listing prepared by the Successor Agency of transfers (excluding payments for goods and services) from the former redevelopment agency to the city, county, or city and county that formed the redevelopment agency for the period from January 1, 2011 through January 31, 2012, For each transfer, the Successor Agency should describe the purpose of the transfer and describe in what sense the transfer was required by one of the Agency's enforceable obligations or other legal requirements. Provide this listing as an attachment to the AUP report. b. Obtain a listing prepared by the Successor Agency of transfers (excluding payments for goods and services) from the Successor Agency to the city, county, or city and county that formed the redevelopment agency forthe period from February 1, 2012 through June 30, 2012. For each transfer, the Successor Agency should describe the purpose of the transfer and describe in what sense the transfer was required by one of the Agency's enforceable obligations or other legal requirements. Provide this listing as an attachment to the AUP report. c. For each transfer, obtain the legal document that formed the basis for the enforceable obligation that required any transfer. Note in the AUP report the absence of any such legal document or the absence of language in the document that required the transfer. 3. If the State Controller's Office has completed its review of transfers required under both Sections 34167.5 and 34178.8 and issued its report regarding such review, attach a copy of that report as an exhibit to the AUP report. If this has not yet occurred, perform the following procedures: a. Obtain a listing prepared by the Successor Agency of transfers (excluding payments for goods and services) from the former redevelopment agency to any other public agency or to private parties for the period from January 1, 2011 through January 31, 2012, For each transfer, the Successor Agency should describe the purpose of the transfer and describe in what sense the transfer was required by one of the Agency's enforceable obligations or other legal requirements. Provide this listing as an attachment to the AUP report. b. Obtain a listing prepared by the Successor Agency of transfers (excluding payments for goods and services) from the SuccessorAgency to any other public agency or private parties for the period from February 1, 2012 through June 30, 2012. For each transfer, the Successor Agency should describe the purpose of the transfer and describe in what sense the transfer was required by one of the Agency's enforceable obligations or other legal requirements. Provide this listing as an attachment to the AUP report. c. For each transfer, obtain the legal document that formed the basis for the enforceable obligation that required any transfer. Note in the AUP report the absence of any such legal document or the absence of language in the document that required the transfer. ATTACHMENT A (Continued) List of Procedures for Due Diligence Review for the Other Redevelopment Agency Funds (Continued) 4. Perform the following procedures: a. Obtain from the Successor Agency a summary of the financial transactions of the Redevelopment Agency and the Successor Agency in the format set forth in the attached schedule for the fiscal periods indicated in the schedule. For purposes of this summary, the financial transactions should be presented using the modified accrual basis of accounting. End of year balances for capital assets (in total) and long-term liabilities (in total) should be presented at the bottom of this summary schedule for information purposes. b. Ascertain that for each period presented, the total of revenues, expenditures, and transfers accounts fully for the changes in equity from the previous fiscal period. c. Compare amounts in the schedule relevant to the fiscal year ended June 30, 2010 to the state controller's report filed for the Redevelopment Agency for that period. d. Compare amounts in the schedule for the other fiscal periods presented to account balances in the accounting records or other supporting schedules. Describe in the report the type of support provided for each fiscal period. 5. Obtain from the Successor Agency a listing of all assets of the Low and Moderate Income Housing Fund as of June 30, 2012 for the report that is due October 1, 2012 and a listing of all assets of all other funds of the Successor Agency as of June 30, 2012 (excluding the previously reported assets of the Low and Moderate Income Housing Fund) for the report that is due December 15. 2012. When this procedure is applied to the Low and Moderate Income Housing Fund, the schedule attached as an exhibit will include only those assets of the Low and Moderate Income Housing Fund that were held by the Successor Agency as of June 30, 2012 and will exclude all assets held by the entity that assumed the housing function previously performed by the former redevelopment agency. Agree the assets so listed to recorded balances reflected in the accounting records of the Successor Agency. The listing should be attached as an exhibit to the appropriate AUP report. 6. Obtain from the Successor Agency a listing of asset balances held on June 30, 2012 that are restricted for the following purposes: a. Unspent bond proceeds: t. Obtain the Successor Agency's computation of the restricted balances (e.g., total proceeds less eligible project expenditures, amounts set aside for debt service payments, etc.). it. Trace individual components of this computation to related account balances in the accounting records, or to other supporting documentation (specify in the AUP report a description of such documentation). iii. Obtain from the Successor Agency a copy of the legal document that sets forth the restriction pertaining to these balances. Note in the AUP report the absence of language restricting the use of the balances that were identified by the Successor Agency as restricted. b. Grant proceeds and program income that are restricted by third parties: i. Obtain the Successor Agency's computation of the restricted balances (e.g., total proceeds less eligible project expenditures). ii. Trace individual components of this computation to related account balances in the accounting records, or to other supporting documentation (specify in the AUP report a description of such documentation). ATTACHMENT A (Continued) List of Procedures for Due Diligence Review for the Other Redevelopment Agency Funds (Continued) iii. Obtain from the Successor Agency a copy of the grant agreement that sets forth the restriction pertaining to these balances. Note in the AUP report the absence of language restricting the use of the balances that were identified by the Successor Agency as restricted. c. Other assets considered to be legally restricted: Obtain the Successor Agency's computation of the restricted balances (e.g., total proceeds less eligible project expenditures). Trace individual components of this computation to related account balances in the accounting records, or to other supporting documentation (specify in the AUP report a description of such documentation). iii. Obtain from the Successor Agency a copy of the legal document that sets forth the restriction pertaining to these balances. Note in the AUP report the absence of language restricting the use of the balances that were identified by Successor the Agency as restricted. d. Attach the above mentioned Successor Agency prepared schedule(s) as an exhibit to the AUP report. For each restriction identified on these schedules, indicate in the report the period of time for which the restrictions are in effect. If the restrictions are in effect until the related assets are expended for their intended purpose, this should be indicated in the report. 7. Perform the following: a. Obtain from the Successor Agency a listing of assets as of June 30, 2012 that are not liquid or otherwise available for distribution (such as capital assets, land held for resale, long-term receivables, etc.) and ascertain if the values are listed at either purchase cost (based on book value reflected in the accounting records of the Successor Agency) or market value as recently estimated by the Successor Agency. b. If the assets listed at 7(A) are listed at purchase cost, trace the amounts to a previously audited financial statement (or to the accounting records of the Successor Agency) and note any differences. c. For any differences noted in 7(B), inspect evidence of disposal of the asset and ascertain that the proceeds were deposited into the Successor Agency trust fund. If the differences are due to additions (this generally is not expected to occur), inspect the supporting documentation and note the circumstances. d. If the assets listed at 7(A) are listed at recently estimated market value, inspect the evidence (if any) supporting the value and note the methodology used. If no evidence is available to support the value andlor methodology, note the lack of evidence. 8. Perform the following: a. If the Successor Agency believes that asset balances need to be retained to satisfy enforceable obligations, obtain from the SuccessorAgency an itemized schedule of asset balances (resources) as of June 30, 2012 that are dedicated or restricted for the funding of enforceable obligations and perform the following procedures. The schedule should identify the amount dedicated or restricted, the nature of the dedication or restriction, the specific enforceable obligation to which the dedication or restriction relates, and the language in the legal document that is associated with the enforceable obligation that specifies the dedication of existing asset balances toward payment of that obligation. i. Compare all information on the schedule to the legal documents that form the basis for the dedication or restriction of the resource balance in question. ATTACHMENT A (Continued) List of Procedures for Due Diligence Review for the Other Redevelopment Aaencv Funds (Continued) ii. Compare all current balances to the amounts reported in the accounting records of the Successor Agency or to an alternative computation. iii. Compare the specified enforceable obligations to those that were included in the final Recognized Obligation Payment Schedule approved by the California Department of Finance. IV. Attach as an exhibit to the report the listing obtained from the Successor Agency. Identify in the report any listed balances for which the Successor Agency was unable to provide appropriate restricting language in the legal document associated with the enforceable obligation. b. If the Successor Agency believes that future revenues togetherwith balances dedicated or restricted to an enforceable obligation are insufficient to fund future obligation payments and thus retention of current balances is required, obtain from the Successor Agency a schedule of approved enforceable obligations that includes a projection of the annual spending requirements to satisfy each obligation and a projection of the annual revenues available to fund those requirements and perform the following procedures: Compare the enforceable obligations to those thatwere approved by the California Department of Finance. Procedures to accomplish this may include reviewing the letter from the California Department of Finance approving the Recognized Enforceable Obligation Payment Schedules for the six month period from January 1, 2012 through June 30, 2012 and for the six month period July 1, 2012 through December 31, 2012. Compare the forecasted annual spending requirements to the legal document supporting each enforceable obligation. a. Obtain from the Successor Agency its assumptions relating to the forecasted annual spending requirements and disclose in the report major assumptions associated with the projections. ill. For the forecasted annual revenues: a. Obtain from the Successor Agency its assumptions for the forecasted annual revenues and disclose in the report major assumptions associated with the projections., c. If the Successor Agency believes that projected property tax revenues and other general purpose revenues to be received by the Successor Agency are insufficientto pay bond debt service payments (considering both the timing and amount of the related cash Flows), obtain from the Successor Agency a schedule demonstrating this insufficiency and apply the following procedures to the information reflected in that schedule. Compare the timing and amounts of bond debt service payments to the related bond debt service schedules in the bond agreement. ii. Obtain the assumptions for the forecasted property tax revenues and disclose major assumptions associated with the projections. iii. Obtain the assumptions for the forecasted other general purpose revenues and disclose major assumptions associated with the projections. If procedures A, B, or C were performed, calculate the amount of current unrestricted balances necessary for retention in order to meet the enforceable obligations by performing the following procedures. C7 � 1 ATTACHMENT A (Continued) List of Procedures for Due Diligence Review for the Other Redevelopment Aaencv Funds (Continued) Combine the amount of identified current dedicated or restricted balances and the amount of forecasted annual revenues to arrive at the amount of total resources available to fund enforceable obligations. Reducethe amount oftotal resources available by the amount forecasted for the annual spending requirements. A negative result indicates the amount of current unrestricted balances that needs to be retained. Include the calculation in the AUP report 9. If the Successor Agency believes that cash balances as of June 30, 2012 need to be retained to satisfy obligations on the Recognized Obligation Payment Schedule (ROPS) for the period of July 1, 2012 through June 30, 2013, obtain a copy of the final ROPS for the period of July 1, 2012 through December 31, 2012 and a copy of the final ROPS for the period January 1, 2013 through June 30, 2013. For each obligation listed on the ROPS, the Successor Agency should add columns identifying (1) any dollar amounts of existing cash that are needed to satisfy that obligation and (2) the Successor Agency's explanation as to why the Successor Agency believes that such balances are needed to satisfy the obligation. Include this schedule as an attachment to the AUP report. 10. Include (or present) a schedule detailing the computation of the Balance Available for Allocation to Affected Taxing Entities. Amounts included in the calculation should agree to the results of the procedures performed in each section above. The schedule should also include a deduction to recognize amounts already paid to the County Auditor -Controller on July 12, 2012 as directed by the California Department of Finance. The amount of this deduction presented should be agreed to evidence of payment. The attached example summary schedule may be considered for this purpose. Separate schedules should be completed for the Low and Moderate Income Housing Fund and for all other funds combined (excluding the Low and Moderate Income Housing Fund). 11. Obtain a representation letterfrom Successor Agency management acknowledging their responsibility for the data provided to the practitioner and the data presented in the report or in any attachments to the report. 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C N G N 3? d O O Q N 0 O O N N @ d N O 6 Q d C « @ d T 7 o U O O a « D N O G a O « j O a N N N j 6 J j O d O C N rO L O a yN 'O O n d« O O C p J lY Q = W N r a N (A C O G N a m yl C y y d N CL Q C aCL O d C C O N L D w N O T@ N N a 0 N N N E U rj N V O d N N O g d y O E@ T D N VSm d Dyy O y .O D 0 T'C N mt @ y U y a L N o@ N C O. @ N _nO O O C c U a d J @ O« N@ C N @ O @ d a E S o;s @ w i @ t6 l0 a m @ m D a E {p D- O N O N N y N N U 1 O) I- Q O J J J O J J 'O �8 ATTACHMENT B11 City as Successor Agency To The La Quinta Redevelopment Agency P.O. BOX 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 November 20, 2012 Lance, Soll & Lunghard, LLP Certified Public Accountants - 203 North Brea Boulevard, Suite 203 Brea, CA 92621-4056 (760) 777-7000 FAX (760) 777-7101 We are providing this letter in connection with your performance of the Due Diligence Review of the Other Redevelopment Agency Funds in accordance with Assembly Bill 1404 for the Successor Agency of the former La Quinta Redevelopment Agency, We confirm that we are responsible for the complete and fair presentation of the previously mentioned review in conformity with the listed procedures of the Assembly Bill 1464 Due Diligence Review as published by the State Department of Finance on August 27, 2012. We are also responsible for adopting sound accounting policies, establishing and maintaining effective internal control over financial reporting, and preventing and detecting fraud. We confirm, to the best of our knowledge and belief, as of the date of this letter, the following representations made to you during your review: 1. We have made available to you: a. In accordance with 34179.5(c)(1), the dollar value of all assets transferred from the former redevelopment agency to the successor agency on or about February 1, 2012. b. In accordance with 34179.5(c)(2), the dollar value of all assets and cash and cash equivalents transferred after January 1, 2011, through June 30, 2012, by the redevelopment agency or the successor agency to the city, county, or city and county that formed the redevelopment agency and the purpose of each transfer. We have also provided the documentation of any enforceable obligation that required the transfer. c. In accordance with 34179.5(c)(3), the dollar value of any cash or cash equivalents transferred after January 1, 2011, through June 3D, 2012, by the redevelopment agency or the successor agency to any other public agency or private party and the purpose of each transfer. We have also provided documentation of any enforceable obligation that required the transfer. d. In accordance with 34179.5(c)(4), the expenditure and revenue accounting information and have identified transfers and funding sources for the 2010-11 and 2011-12 fiscal years that reconciles balances, assets, and liabilities of the successor agency on June 30, 2012 to those reported to the Controller for the 2009-10 fiscal year, e. In accordance with 34179,5(c)(5), a listing of all assets of the Low and Moderate Income Housing Fund as of June 30, 2012 for the report that is due October 1, 2012 and a listing of all assets of all other funds of the Successor Agency as of June 30, 2012 (excluding the previously reported assets of the Low and Moderate Income Housing Fund) for the report that is due December 15, 2012. 20 November 20, 2012 Page 2 f. In accordance with 34179.5(c)(5)(8), an itemized statement listing any amounts that are legally restricted as to purpose and cannot be provided to taxing entities. This could include the proceeds of any bonds, grant funds, or funds provided by other governmental entities that place conditions on their use. g. In accordance with 34179.5(c)(5)(C), an itemized statement of the values of any assets that are not cash or cash equivalents. This may include physical assets, land, records, and equipment. For the purpose of this accounting, physical assets may be valued at purchase cost or at any recently estimated market value. In In accordance with 34179.5(c)(5)(D),an itemized listing of any current balances that are legally or contractually dedicated or restricted for the funding of an enforceable obligation that identifies the nature of the dedication or restriction and the specific enforceable obligation. In addition, we have provided a listing of all approved enforceable obligations that includes a projection of annual spending requirements to satisfy each obligation and a projection of annual revenues available to fund those requirements. i. In accordance with 34179.5(c)(5)(E), an itemized list and analysis of any amounts of current balances that are needed to satisfy obligations that will be placed on the Recognized Obligation Payment Schedules for the current fiscal year. 2. There are no material transactions that have not been properly recorded in the accounting, records underlying this Due Diligence Review. 3. Management is not aware of any transfers (as defined by Section 34179.5) from either the former Redevelopment Agency or the Successor Agency to the City, other agencies or private parties for the. period January 1, 2011 through June 30, 2012 that have not been identified in this report and related exhibits. 4. We acknowledge our responsibility for the design and implementation of programs and controls to prevent and detect fraud. 5. We have no knowledge of any fraud or suspected fraud affecting this Due Diligence Review involving: a. Management, b. Employees who have significant roles in internal control, or C. Others where the fraud could have a material effect on this Due Diligence Review. 6. We have no knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees,.analysts, regulators, or others. 7. When applicable, we have taken timely and appropriate steps to remedy fraud, illegal acts, violations of provisions of contracts or grant agreements, or abuse that you have reported to us. 8. We have Identified to you any previous audits, attestation engagements, performance audits, state controller reports or other studies related to the objectives of this Due Diligence Review and whether related recommendations have been implemented, 9. The Successor Agency of the former La Quinta Redevelopment Agency has no plans or intentions that may materially affect the carrying value or classification of assets, liabilities, or fund equity. 10. We are responsible for compliance with the laws, regulations, provisions of contracts and grant agreements applicable to us, and all provisions related to the dissolution of the Redevelopment Agency in accordance with A8 1 X 26 and AS 1484. 21 November 20, 2012 Page 3 11. There are no known violations of., a. Laws and regulations, b. Provisions of contracts and grant agreements, c. Provisions related to the dissolution of the Redevelopment Agency in AB 1X 26 and AB 1484 whose effects should be considered for disclosure in this Due Diligence Review. 12. All bank accounts and investments associated with this review have been properly reflected in the general ledger accounting records. 13. No events, Including Instances of noncompliance, have occurred subsequent to the performance of this Due Diligence Review and through the date of this letter that would require adjustment to or disclosure In the aforementioned Due Diligence Review. 0 RESOLUTION NO. OB 2012-017 A RESOLUTION OF THE OVERSIGHT BOARD OF THE CITY AS SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY REVIEWING, APPROVING, AND TRANSMITTING THE DETERMINATION OF NON - HOUSING FUND CASH AND CASH EQUIVALENTS, AVAILABLE FOR DISBURSEMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.5 WHEREAS, the Oversight Board of the City as Successor Agency to the La Quinta Redevelopment Agency ("Oversight Board" or "Successor Agency," as applicable) has been established to direct the Successor Agency to take certain actions to wind down the affairs of the former La Quinta Redevelopment Agency ("Agency") in accordance with the California Health and Safety Code; and WHEREAS, the Agency was engaged in activities to execute and implement the Project Area No.1 Redevelopment Plan and the Project Area No.2 Redevelopment Plan (collectively, the "Redevelopment Plans") pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.) ("CRL"); and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted and the Governor signed, ABx1 26 requiring that each redevelopment agency be dissolved; and WHEREAS, an action challenging the constitutionality of ABx1 26 and companion bill ABx1 27 was filed in the California Supreme Court by the California Redevelopment Association, the League of California Cities, and two individual cities; and WHEREAS, on December 29, 2011, the Court upheld ABx1 26 and struck down as unconstitutional ABx1 27; and WHEREAS Health and Safety Code Section 34179.5 requires each successor agency to employ a licensed accountant to conduct a due diligence review to determine the unobligated balances available for transfer to taxing entities; and WHEREAS, Health and Safety Code Section 34179.6 requires that each successor agency provide to the oversight board, county auditor -controller, Controller, and California Department of Finance ("DOF") the result of the due diligence review for the Non -Housing Fund, and specifically the amount of cash and Resolution No. OB 2012-017 Adoption of Non -Housing Due Diligence Review Adopted: December 5, 2012 Page 2 of 3 cash equivalents determined to be available for allocation to taxing entities (collectively, the "Non -Housing DDR Review"), by December 15, 2012; and WHEREAS, Health and Safety Code Section 34179.6 further requires that each oversight board convene a public comment session upon receipt of the Non - Housing DDR Review, and that not less than five business days after the public comment session, but not later than January 15, 2013, the oversight board review, approve, and transmit to the DOF and county auditor -controller the Non -Housing DDR Review; and i WHEREAS, the Successor Agency has completed the Non -Housing DDR Review, and has provided the result to the oversight board, county auditor - controller, Controller, and DOF, and on November 28, 2012, the Oversight Board held a public comment session on the LMIHF DDR Review; and WHEREAS, the Oversight Board has reviewed the Non -Housing DDR Review, and has considered any comments received from members of the public at the public comment session, and any opinions offered by the county auditor - controller; and WHEREAS, all other legal prerequisites to the adoption of this 'Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED that the Oversight Board of City as Successor Agency to the La Quinta Redevelopment Agency, does hereby resolve as follows: Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Approval of Non -Housing DDR Review. The Oversight Board hereby approves the Non -Housing DDR Review, a copy of which is on file with the Oversight Board Secretary. Section 3. Transmittal. The Oversight Board Secretary is hereby directed to transmit the Non -Housing DDR Review to the DOF and the county auditor - controller. Section 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution No. OB 2012-017 Adoption of Non -Housing Due Diligence Review Adopted: December 5, 2012 Page 3 of 3 Resolution.are severable. The Oversight Board hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. Section 5. Certification. The Oversight Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED at the meeting of the Oversight Board of the City as Successor Agency to the La Quinta Redevelopment Agency held this 5tn day of December, 2012, by the following vote, to wit: AYES: NOES:. ABSENT: ABSTAIN: JOHN PENA, Chairperson Oversight Board of the Successor Agency to La Quinta Redevelopment Agency ATTEST: LORILAFOND Oversight Board Secretary