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HomeMy WebLinkAboutOversight Board-Successor Agency of the RDAREGULAR MEETING OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AGENDA BRIAN TISDALE, CHAIR WWW.LAKE•ELSINORE.ORG JUSTIN CARLSON, BOARD MEMBER DAVE OSTER, BOARD MEMBER GENIE KELLEY, BOARD MEMBER GEORGE LANDON, BOARD MEMBER ROGER SCHULTZ, VICE CHAIR PHIL WILLIAMS, BOARD MEMBER (951) 674.3124 PHONE (951) 674 -2392 FAX LAKE ELSINORE CITY HALL 130 SOUTH MAIN STREET LAKE ELSINORE, CA 92530 . ..................... ............................... u . 11......................•.• January 8, 2013 at 3:45 P.M. NOTE: THIS MEETING AND SUBSEQUENT MEETINGS OF THE OVERSIGHT BOARD WILL BE HELD IN CONFERENCE ROOM "A" IN THE LAKE ELSINORE CITY HALL LOCATED AT 130 SOUTH MAIN STREET, LAKE ELSINORE, CALIFORNIA DURING THE SEISMIC RETROFIT OF THE LAKE ELSINORE CULTURAL CENTER. The agenda is posted 72 hours prior to each meeting outside of the Lake Elsinore City Hall located at 130 South Main Street and is available at each meeting. The agenda and related reports are also available at the Lake Elsinore City Clerk's Office on the Friday prior to the Oversight Board meeting and are available on the City's website at www.lake- eisinore.ora. Any writing distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the Oversight Board. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the Lake Elsinore City Clerk's Office at (951) 674 -3124 Ext. 262, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. Oversight Board Agenda Page 2 of 3 Meeting of January 8, 2013 CALL TO ORDER - 3:45 P.M. PLEDGE OF ALLEGIANCE ROLL CALL • Mayor Brian Tisdale, Chairman (City of Lake Elsinore — Mayor's appointment) • Mr. Justin Carlson, Board Member (City of Lake Elsinore — Employee Union Member) • Mr. Dave Oster, Board Member (President, Storm Baseball - County Board of Supervisor's appointment) • Ms. Genie Kelley, Board Member (County Board of Supervisor's member of the public appointment) • George Landon, Board Member (County Superintendent of Schools appointment) • Dr. Roger Schultz, Vice Chairman (Superintendent/President Mt San Jacinto Community College District - Community College District appointment) • Director Phil Williams, Board Member (EVMWD appointment) PUBLIC COMMENTS — AGENDIZED ITEMS (Please read & complete a form Request to Address the Oversight Board prior to the start of the Oversight Board meeting and submit it to the Secretary/Clerk. The Chairperson will call on you to speak when your item is called.) PRESENTATIONS Introduction of Alternate Board Members, if any CONSENT CALENDAR None BUSINESS ITEMS Public Comment Session — Due Diligence Review (All Other Funds) Recommendations: That the Oversight Board receive public comments and any opinions offered by the County Auditor - Controller on the Due Diligence Review of All Other Funds prepared by White Nelson Diehl Evans LLP on behalf of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore pursuant to California Health and Safety Code Section 34179.5 (the "DDR Report "). Oversight Board Agenda Meeting of January 8, 2013 PUBLIC COMMENTS — NOWAGENDIZED ITEMS STAFF COMMENTS OVERSIGHT BOARD MEMBER COMMENTS ADJOURNMENT Page 3 of 3 The Oversight Board will adjourn this meeting to a special meeting on January 15 at 3:45 pm, at the City Hall, Conference Room A located at 130 S. Main Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, the City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing Agenda of the Oversight Board to the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore Regular Meeting of January 8, 2013 was posted at City Hall 24 hours in advance of this meeting. Virginia J. Bloom, City Clerk OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: CHAIRMAN TISDALE AND MEMBERS OF THE OVERSIGHT BOARD FROM: BARBARA LEIBOLD, SUCCESSOR AGENCY COUNSEL DATE: JANUARY 8, 2013 SUBJECT: DUE DILIGENCE REVIEW OF THE SUCCESSOR AGENCY REQUIRED SECTION 34179.5 Background NON - HOUSING FUNDS OF THE BY HEALTH AND SAFETY CODE On June 27, 2012, the Legislature passed and the Governor signed Assembly Bill ( "AB ") 1484, a fiscal 2012 -13 budget trailer bill. AB 1484 makes technical and substantive amendments to ABx1 26 and took immediate effect upon signature by the Governor. Discussion AB 1484 requires a due diligence review ( "DDR ") of the low and moderate income housing fund ( "LMIHF ") to be completed by October 1, 2012, and a due diligence review of the remaining funds ( "Other Funds ") to be completed by December 15, 2012. The LMIHF DDR has been completed and filed. The Successor Agency of the Redevelopment Agency of the City of Lake Elsinore ( "Successor Agency ") engaged White, Nelson Diehl Evans LLP to conduct the due diligence reviews. The report on the Other Funds DDR is attached (the "DDR Report"). The purpose of the review is to determine the amount of unencumbered funds, if any, which may be available for distribution to the taxing entities. The attached DDR Report, on Schedule 8, states that no unencumbered Other Fund monies are available for distribution to the taxing entities. The law requires that the Oversight Board hold a "public comment session" to hear any public comments and any opinions offered by the County Auditor - Controller at least 5 business days before the Board takes any action with respect to the results of the DDR. The purpose of this meeting is to hold the required public comment session. By January 15, 2013, the Oversight Board shall review, approve, and transmit to the Department of Finance and the County Auditor - Controller the determination of the AGENDA ITEM 1 Page 1 Public Comment Session January 8, 2013 Page 2 amount of cash and cash equivalents that are available for disbursement to taxing entities as determined according to the method provided in Section 34179.5. The Oversight Board may adjust any amount provided in the review to reflect additional information and analysis. The review and approval shall occur in public sessions. The Oversight Board may request from the Successor Agency any materials it deems necessary to assist in its review and approval of the determination. After the public comment meeting has been held, the Board will be required to take action on the DDR Report at its special meeting on January 15, 2013. The Board must determine the amount of unencumbered Other Funds available, if any, to be transferred by the Successor Agency to the County Auditor - Controller. The Oversight Board's determination is due to the DOF and the County Auditor - Controller by January 15, 2013. There are no express statutory penalties in the event these tasks are completed later than specified. The DOF has the authority to reject the determination of the Oversight Board and to adjust the DDR Report numbers. DOF may take such actions through April 1, 2013. The Successor Agency may contest the DOF findings and request a meet and confer session within 5 business days of receipt of the DOF's determination. Recommendations That the Oversight Board receive public comments and any opinions offered by the County Auditor - Controller on the Due Diligence Review of All Other Funds prepared by White Nelson Diehl Evans LLP on behalf of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore pursuant to California Health and Safety Code Section 34179.5. Prepared and approved by: Barbara Leibold, City Attorney /Successor Agency Counsel Attachment: Independent Accountants' Report AGENDA ITEM 1 Page 2 SUCCESSOR AGENCY TO THE LAKE ESLSINORE REDEVELOPMENT)kGENCY Independent Accountants' Report on Applying Agreed -Upon Procedures On the Lake Elsinore Redevelopment Agency's And The Successor Agency to the Lake Elsinore Redevelopme"gancy's All Other Funds SUCCESSOR AGENCY TO THE LAKE ESLSINORE REDEVELOPMENT AGENCY AGREED -UPON PROCEDURES RELATED TO ALL OTHER FUNDS Table of Contents Page Independent Accountants' Report on Applying Agreed -Upon Procedures Related to All Other Funds t Attachment A - Agreed-Upon Procedures and Findin g s Related to All Other Funds 2 SUPPORTING SCHEDULES AND EXHIBITS:` . x Nn I th Schedule 1 - Listing of Assets Transferred to Successor Agency as of February 1, 2012 Schedule 2 - Transfers to the City of Lake Elsinore Schedule 3 - Reconciliation of Financial Transactions for the Perio sided June 30, 2010, June 30, 2011, January 31, 202 and June 30, 2012 Schedule 4 - Listing of Assets as of June' 2012; Schedule 5 - Calculation of Unrestricted Asset Balance for I2 4ention Schedule 6 - Schedule of Cash Balances for Retentivit�to Meq#Enforceable Obligations in Fiscal Year 2012,201 Schedule 7 - Summary of Balance Available fot Alation to Affected Taxing Agencies "- Exhibit I - Launch Ramp Project Redevelopment A City of Lake Elsi Taxing Agenc Exhibit 2 - City Reimj�urse rrrr nt```JJJJ Exhibit 3 - City Bo d t Exhibit 4 - Redev e en Exhibit 5 - Seismic f roje Exhibit 6 - Stad uu A ement emat Agreement Between the �'*�"City of Lake Elsinore and the as of March 10, 2011 Requirements LERA Plan Amendments Exhibit 7 - n and Development Agreements Dated December 26, 2002 Laing -CP Lake Elsinore LLC and Civic Partners- Elsinore LLC ated March 8, 2011 - McMillin Summerly LLC fixhYpi - MG /Chelsea Outlet OPA (BOPS 1, Pages I and 2, Line 8) Exhibit +9 Agreements for Cooperation Between the Riverside County Flood Control and Water Conservation District, the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore Independent Accountants' Report on Applying Agreed -Upon Procedures Related to All Other Funds Oversight Board of the Successor Agency to the Lake Elsinore Redevelopment Agency Lake Elsinore, California We have performed the minimum required agreed -upon procedures (AUP) enumerated in Attachment A, which were agreed to by the California Department `o Finance, the California State Controller's Office, the Riverside County Auditor - Controller, and the Successor Agency to the Lake Elsinore Redevelopment Agency (Successor Agency), (collectively, Ae ,Specified Parties), solely to assist you in meeting the statutory requirements of Health and Safety Code Section 34179.5 related to all other funds except for the Low and Moderate Income. Housing Fund (All Other Funds) of the former Lake Elsinore Redevelopment Agency and the,- Successor Agency. Management of the Successor Agency is responsible for meeting the statutry requirements of Health and Safety Code Section 34179.5 related to All Other Funds. This agreed "'trppn procedures engagement was conducted in accordance with attestation standards establisfied'�by fhe American Institute of Certified Public Accountants. The sufficiency of these procedures is: °solcly the responsibility of those parties specified in the report. Consequently, we make,po representation regarding the sufficiency of the procedures described below, either for the purpose for which this report has been requested or for any other purpose. The scope of this engagement was Jimitbd to performing the agreed -upon procedures as set forth in Attachment A. Attachment A ,,a_lso.; identifies the findings noted as a result of the procedures performed. We were not engaged to aif&did not conduct an audit, the objective of which would be the expression of an opinion on whether the Successor Agency has met the statutory requirements of Health and Safety Code Se6uon�'34179.5 related to All Other Funds. Accordingly, we do not express such an opinion .o1 [aii, we=performed additional procedures, other matters might have come to our attention that would°havAeen reported to you. This report i's intended solely for the information and use of the Oversight Board and management of the Successor Agency to the Lake Elsinore Redevelopment Agency, the California Department of Finance, the California State Controller's Office, and the Riverside County Auditor - Controller, and is not intended to be, and should not be, used by anyone other than these specified parties. Irvine, California DATE 1 SUCCESSOR AGENCY TO THE LAKE ESLSINORE REDEVELOPMENT AGENCY ATTACHMENT A - AGREED -UPON PROCEDURES AND FINDINGS RELATED TO ALL OTHER FUNDS Procedure: Obtain from the Successor Agency a listing of all assets that were transferred from All Other Funds of 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 thei amo bf the assets transferred to the Successor Agency as of that date. Finding: We agreed the amounts listed on Schedule I to the Success 1 ` xc� accounting records without exceptions. The former redevelopment agency transfW'ed $66, . 4,177 in assets from All Other Funds to the Successor Agency as detailed in Schedule 1. 2A. Procedure: Obtain a listing prepared by the Successor and services) from All Other Funds of the : the redevelopment agency for the period f each transfer, the Successor Agency should what sense the transfer was required legal requirements. Provide this latin an 21pof t`rb'§fers (excluding payments for goods deveIV' ent agency to the city that formed ge ay 1, 2011 through January 31, 2012. For the purpose of the transfer and describe in the Agency's enforceable obligations or other iment to the AUP report. Finding: )_Y g The former redeve cy transferred assets totaling $12,073,008 to the City of Lake Elsinore other tha e` for goods and services from All Other Funds during the period from January 1,2011 t} rpugh January 31, 2012 as shown in Schedule 2. 2B. Procedure Obtain; a Ilsting prepared by the Successor Agency of transfers (excluding payments for goods arE l sgrvic #' from All Other Funds of the Successor Agency to the city that formed the redevelopment agency 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. Finding: The Successor Agency transferred assets totaling $3,382,492 to the City of Lake Elsinore other than payments for goods and services from All Other Funds during the period from February 1, 2012 through June 30, 2012 as shown in Schedule 2. SUCCESSOR AGENCY TO THE LAKE ESLSINORE REDEVELOPMENT AGENCY ATTACHMENT A - AGREED -UPON PROCEDURES AND FINDINGS RELATED TO ALL OTHER FUNDS 2C. Procedure: For each transfer, obtain the legal document that formed the basis for the enforceable obligation that required the 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. Finding: Schedule 2 shows the details for the enforceable obligation or other legal requirement supporting the transfers. 3A. Procedure: Obtain a listing prepared by the Successor Agency of transfers (excluding payments for goods and services) from All Other Funds of 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 flee Agency's enforceable obligations or other legal requirements. Provide this listing as an attachment to the AUP report. Finding: This procedure is not applicable as'the former redevelopment agency did not make any transfers to other public agencies or private, parties other than payments for goods and services from All Other Funds during the period }from:January 1, 2011 through January 31, 2012. 313. Procedure: Obtain a listing, prepared` by the Successor Agency of transfers (excluding payments for goods and services),rfro n All Other Funds of the Successor Agency to any other public agency or to private parties fortle period from February 1, 2012 through June 30, 2012. For each transfer, the Successor',Agency should describe the purpose of the transfer and described 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. This procedure is not applicable as the Successor Agency did not make any transfers to other public agencies or private parties other than payments for goods and services from All Other Funds during the period from February 1, 2012 through June 30, 2012. SUCCESSOR AGENCY TO T14E LAKE ESLSINORE REDEVELOPMENT AGENCY ATTACHMENT A - AGREED -UPON PROCEDURES AND FINDINGS RELATED TO ALL OTHER FUNDS 3C. Procedure: For each transfer, obtain the legal document that formed the basis for the enforceable obligation that required the 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. Finding: This procedure is not applicable since no transfers were identified as a result of "Procedures 3A and 3B. w� 4. Procedure: K Obtain from the Successor Agency a summary of the financial Transactions of the Redevelopment Agency and the Successor Agency for the fiscal periods',, "ended June 30, 2010, June 30, 2011, January 31, 2012 and June 30, 2012. Ascertain th4tjor4 each period presented, the total of revenues, expenditures and transfers account fullyAor Ih`6 Changes in equity from the previous fiscal period. Compare amounts for the fiscal period ended«ibne 30, 2010 to the state controller's k report filed for the Redevelopment Agency�f&�,,th�a°eriod. Compare the amounts for the other fiscal periods presented to the account balances rn the accounting records or other supporting schedules. r� Finding: A reconciliation of the fnanctal transactions of the Redevelopment Agency and the Successor Agency for the fis l eijo dsnded June 30, 2010, June 30, 2011, January 31, 2012 and June 30, 2012 is presentedn schedule 3. 5. Procedure: Obtain from the Successor Agency a listing of all assets from All Other Funds as of June, 1!2Q, Agree the assets on the listing to the accounting records of the Successor Agency. Finding: As of June 30, 2012, the Successor Agency's total assets related to All Other Funds of the former redevelopment agency amounted to $67,697,875 as shown in Schedule 4. 4 SUCCESSOR AGENCY TO THE LAKE ESLSTNORE REDEVELOPMENT AGENCY ATTACHMENT A - AGREED-UPON PROCEDURES AND FINDINGS RELATED TO ALL OTHER FUNDS 6. Procedure: Obtain from the Successor Agency a listing of asset balances held on June 30, 2012 that were restricted for the following purposes: • unspent bond proceeds, • grant proceeds and program income restricted by third parties, and • other assets with legal restrictions. 6A. Procedure - Unspent Bond Proceeds: '4 Obtain the Successor Agency's computation of the restricted 'bai -ce�s"and trace individual components of this computation to related account balances in'the accounting records, or to other supporting documentation. Obtain the legal document that sets forth the restriction pertaining to these balances. Finding: The Successor Agency has $4,136,905 in cash an8,invcstments held by Union Bank as reserve balances on bonds issued by the former rede elopme6t agency. The balance of $4,136,905 is restricted to pay for debt service under the bdhd,'ci,o - cuments and indenture. 613. Procedure- Grant Proceeds arM Prag-ramIncome Restricted by Third Parties: Obtain the Successor Agcncy`sx-,,computation of the restricted balances and trace individual components of this computation tc4elated account balances in the accounting records, or to other supporting documentatiom"', n a copy of the grant agreement that sets forth the restriction pertaining to these bal Finding: This procodur6"istoot applicable as the Successor Agency did not hold any grant proceeds or `inc - program lome ,, as of June 30, 2012. 6C. Pr4ce'dure - Other Assets Considered to be Legally Restricted: Obtain the Successor Agency's computation of the restricted balances and trace individual components of this computation to related account balances in the accounting records or other supporting documentation. We obtained the legal document that sets forth the restriction pertaining to these balances. Finding: As of June 30, 2012, the Successor Agency's other legally restricted assets related to All Other Funds of the former redevelopment agency amounted to $6,905,977 as shown in Schedule 5. SUCCESSOR AGENCY TO THE LAKE ESLSINORE REDEVELOPMENT AGENCY ATTACHMENT A - AGREED -UPON PROCEDURES AND FINDINGS RELATED TO ALL OTHER FUNDS Procedure: Obtain from the Successor Agency a listing of assets of All Other Funds of the former redevelopment agency as of June 30, 2012 that are not liquid or otherwise available for distribution and ascertain if the values are listed at either purchase cost or marline# value as recently estimated by the Successor Agency. For assets listed at purchased cost, trace tine, amount to a previously audited financial statement or other accounting records of the Successor Agency and note any differences. For any differences noted, inspect evidence qf, a, set disposal subsequent to January 31, 2012 and ascertain that the proceeds were deposited, into, 'the Successor Agency's trust fund. For assets listed at recently estimated market.;yalue, innspect evidence supporting the value and note the methodology used. F Finding: 4 As of June 30, 2012, the Successor Agency's nonliquid assets related to All Other Funds of the former redevelopment agency amounted to $43,665,598 as,shown in Schedule 7. 8A. Procedure: If the Successor Agency identified that exNti sset balances were needed to be retained to satisfy enforceable obligations, obtain d schedule of asset balances (resources) as of June 30, 2012 that were dedioated es rcted for the funding of enforceable obligations. Compare the information on the 44&dullrto the legal documents that formed the basis for the dedication or restriction of the ur alance in question. Compare all current balances which needed to be retained to satisfy en ceable obligations to the amounts reported in the accounting records of the Successor:`Agency or to an alternative computation. Compare the specified enforceable obligation ) tl%9se that were included in the final Recognized Obligation Payment Schedule (ROPS)? roved by the California Department of Finance. If applicable, identify any listed balances for wh li the Successor Agency was unable to provide appropriate restricting language in tlre,legal document associated with the enforceable obligation. J Finding.: . As:of June 30, 2012, the Successor Agency's asset balances to be retained in order to satisfy enforceable obligations reported on ROPS 1 amounted to $9,236,277 as detailed in Schedule 6a. SUCCESSOR AGENCY TO THE LAKE ESLSINORE REDEVELOPMENT AGENCY ATTACHMENT A - AGREED -UPON PROCEDURES AND FINDINGS RELATED TO ALL OTHER FUNDS 8B. Procedure: If the Successor Agency identified that future revenues together with 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 include a projection of the annual spending requirements to satisfy each obligation and a projection of the annual revenues available 6� ,fund those requirements. Compare the enforceable obligations to those that were approybd by the California Department of Finance for the six month period from January 1, 2012 throughdurie 30, 2012 and for the six month period July 1, 2012 through December 31, 2012 ompare the forecasted annual spending requirements to the legal document supporting'tiiC' ne gable obligation and obtain the Successor Agency's assumptions relating to he forecasted annual spending requirements. Obtain the Successor Agency's assumptions fcYtt'the f4ecasted annual revenues. Disclose the major assumptions for the forecasted annual spending requirements and the forecasted annual revenues in this AUP report. Finding: This procedure is not applicable as the Sir sor Agency did not identify any assets to be retained under this procedure. 8C. Procedure: If the Successor Agency identifi`ed,thaf orcjected property tax revenues and other general purpose revenues to be received by the Stiricessor Agency are insufficient to pay bond debt service payments (considering both thetiming and amount of the related cash flows), obtain a schedule demonstrating this insufficiency. Compare the timing and amounts of bond debt service payments to the relateil:,.bond debt service schedules in the bond agreement. Obtain the assumptions for the' forecasted property tax revenues and other general purpose revenues and disclose them,imthis AUP report. Finding: This procedure is not applicable as the Successor Agency did not identify any assets to be retained under this procedure. 8D. Procedure: If Procedures 8A, 8B and 8C were performed, calculate the amount of unrestricted balances necessary for retention in order to meet enforceable obligations. Combine the amount identified as currently restricted balances and the forecasted annual revenues to arrive at the amount of total resources available to fund enforceable obligations. Reduce the total resources available by the amount of forecasted annual spending requirements. Include the calculation in this AUP report. SUCCESSOR AGENCY TO THE LAKE ESLSINORE REDEVELOPMENT AGENCY ATTACHMENT A - AGREED -UPON PROCEDURES AND FINDINGS RELATED TO ALL OTHER FUNDS 8D. Finding: The unrestricted balances necessary for retention to meet enforceable obligations is detailed in Schedule 6a. The Successor Agency does not expect any revenues to pay for these enforceable obligations. 9. Procedure: If the Successor Agency identified that cash balances as of June 30, 2012sneed 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 fina1;�OPS' for the period of July 1, 2012 through December 31, 2012 and a copy o&,,the tins BOPS for the period January 1, 2013 through June 30, 2013. For each obligation I to on`the ROPS, the Successor Agency should identify (a) any dollar amount of existing cash'`tl�at was needed to satisfy the obligation, and (b) the Successor Agency's explanation as'lito why the Successor Agency believes that such balances were needed to satisfy the obligation. _ Include this schedule as an attachment to this AUP report. Finding: The Successor Agency has identified $$ 1b,'857 in cash balances be retained to satisfy obligations on the Recognized- Obligatior✓Payment Schedule (ROPS 2) for the period of July 1, 2012 to December 31, 2012rassh6wn in Schedule 6b. _r 10. Procedure: Present a schedule dejakin computation of the Balance Available for Allocation to Affected AA Taxing Agencid A included in the calculation should agree to the results of the procedures perf ove. Agree any deductions for amounts already paid to the County Auditor- ContOo July 12, 2012 as directed by the California Department of Finance to evidence QM)' a ttt. Finding: The computation of the Balance Available for Allocation to Affected Taxing Agencies shows that the Successor Agency has a deficit of $1,390,739 and there are no amounts to be remitted to the County for disbursement to affected taxing agencies as shown in Schedule 8. SUCCESSOR AGENCY TO THE LAKE ESLSINORE REDEVELOPMENT AGENCY ATTACHMENT A - AGREED -UPON PROCEDURES AND FINDINGS RELATED TO ALL OTHER FUNDS 11. Procedure: Obtain a representation letter from management of the Successor Agency acknowledging their responsibility for the data provided and the data presented in the report or in any schedules or exhibits to the report. Included in the representations is an acknowledgment that niariagement is not aware of any transfers (as defined by Section 34179.5) from either the formerredevelopment agency or the Successor Agency to other parties for the period from January 1 2011 through June 30, 2012 that have not been properly identified in this AUP report and,its related schedules or exhibits. Management's refusal to sign the representation letter should be:noted in the AUP report as required by attestation standards. Finding: No exceptions were noted as a result of this Procedure. N SUCCESSOR AGENCY TO LAKE ELSINORE REDEVELOPMENT AGENCY AGREED -UPON PROCEDURES RELATED TO ALL OTHER FUNDS LISTING OF ASSETS TRANSFERRED TO SUCCESSOR AGENCY As of February 1, 2012 ASSETS Cash and investments Cash with fiscal agent (Bond Trustee) Accounts receivable Interest receivable Due from other governments Due from other Redevelopment Agency Funds Land held for resale SUBTOTAL TOTAL ASSETS (MODIFIED ACCRUAL) Capital assets Deferred bond issue costs TOTAL ASSETS SCHEDULEI Total Assets as of Febriiarysl, 2012 17,389,207 2,699,312 S 66,184,177 8,733,489 `� =5zib 41136,111 ka R, 1,598 97,381 17,038,599 6,088,480 46.095,658 17,389,207 2,699,312 S 66,184,177 N W a 5 Q U y b C C E 6 F L > > W « « A p d y yL rh % x ou _� ° W u y y y y v L v! y y O G O � O E y� = y rl O C p V y 1Ny. ' .Ys N V L ry W� waa.a ti .a. a. c e c a c c Qp a a Q x a U a U" u0i w 0 0 G� w O O V_ N O O 1� V l O .�{ C > ,p N O 1� r M � aL N < vi /1 T Ih > of M N w O �. Cy v� �0 N V< <D O N m N .•� � .= 0 E ri 7 O w O E Z d 0 5 itl u � rA Oa w° Q � Ow' M�•yIIpp m, oE IU 2�u CJ .. a � a N C7 N J.P._ u° C .V •Y � � E � L .� y Z N W rL y H yV. y y V+ O •O z h• z V iL y 4 M y W 7 W'u fA ' V w au muay F aauyy H !-� � v a F o a C4 F� x a W W ° O F m _ Al p q U L F F L F L L 9 a 2 a V R V U V U U U U V V F o 0 0 0 0 0 0 0 0 0 0 0 0 S o y o 0 SUCCESSOR AGENCY TO THE LAKE ELSINORE REDEVELOPMENT AGENCY AGREED-UPON PROCEDURES RELATED TO ALL OTHER FUNDS RECONCILIATION OF FINANCIAL TRANSACTIONS FOR THE PERIODS ENDED JUNE 30, 2010, JUNE 30, 2011, JANUARY 31, 2012 AND JUNE 30, 2012 Assets (modified accrual basis) Cash and investments Accounts receivable Due from other governments Notes receivable Prepaid items Other Assets Land held for Resale Due from Other RDA Funds Due from the City of Lake Elsinore Total Assets Liabilities (modified accrual basis) Accounts payable Accrued liabilities Due to other governments Redevelopment Redevelopment Agency Agency 12 Months Ended 12 Months Ended 6/30/2010 6/30/2011 $ 40,606,222 $ 32,103,301 53,930 6,833 - 6,256 173,732 11,947,361 106,108 60,914 8,803,167 6,136,849 54,440,355 54,992,846 $ 104,183,514 $ 105,254;360 $ 4,051,618 $` 4,632,9,44 7,715 996 - = 6,526,179 83,246 37,954,247 17,038,599 31,930,218 Net change in equity Beginning Equity Ending Equity Other Information (show year end balances for all three years presented): Capital assets as of end of year (20,567,397) 39,181,625 $ 18,614,228 SCHEDULES Redevelopment Successor Agency Agency 7 Months Ended 5 Months Ended 1/31/2012 '' 60/2012 31.348,735 $ 30,621,249 "$, 31,135,063 2203 , ::. 496 97101 - 11 094 176 +� 9 6,088,480 B 17,038,599 $ 103,285,456 $ 54,262,638 $ 2,372,041 $ 2,113,670 4,395,837 4,387,841 12,236 288,828 38,295,000 38,536,786 17,038,599 17,038,599 31.348,735 98,165,433 93,462,448 62,365,724 7,088,927 9.823.008 (8,103.086) $ 105,254,360 $ 103,285,456 $ 54,262,638 $ 60,222,712 $ 12,049,426 (71,748,013) (9,315,345) 940,298 684,405 (940,298) (684,405) (11,525,301) 18,614,228 $ 7,088,927 2,734,081 7,088,927 $ 9,823,008 $ 5,562,121 (1,954,532) (3,444,984) (18,087,015) (1,684) (17,926,094) 9,823,008 $ (8,103,086) $ 17,795,119 $ 17,839,207 $ 17,839,207 $ 17,839,207 Long -term debt as of end of year $ 65,736,530 $ 68,179,095 $ 66,489,245 $ 62,867,692 SUCCESSOR AGENCY TO LAKE ELSINORE REDEVELOPMENT AGENCY AGREED -UPON PROCEDURES RELATED TO ALL OTHER FUNDS LISTING OF ASSETS TRANSFERRED TO SUCCESSOR AGENCY June 30, 2012 ASSETS Cash and investments Cash with fiscal agent (Bond Trustee) Interest receivable Due from other Redevelopment Agency Funds Land held for resale SUBTOTAL TOTAL ASSETS (MODIFIED ACCRUAL) Capital assets Deferred bond issue costs TOTAL ASSETS SCHEDULE4 Total Assets as of 'June -30r 2012 $_ >'19,894,876 -� 4,136,905 496 17,038,599 6,088,480 47,159,356 17,839,207 2,699.312 $ 67.697,875 SCHEDULE 5 SUCCESSOR AGENCY TO THE LAKE ELSINORE REDEVELOPMENT AGENCY AGREED -UPON PROCEDURES RELATED TO ALL OTHER FUNDS OTHER LEGALLY RESTRICTED ASSETS June 30, 2012 Enforceable Obligation/Other Legal Payee Description Amount Requirement Supporting Retention Diamond Stadium Capital fund balance at $ 598,223 Pursuant to Section 8.2 of the Agredmont, lhc�_kgeney is k.. June 30, 2012 required to make annual cunmlative:depgsits into a Stadium capital repair and imprpvemenCfj rid in the aggregate amount of $300,OOO,1'Pper ffi1 year. Proceeds of the deposits are to be for; @vital repairs, replacements and ancements. This is the amount accu ate ,._ug a 3Q, 2012. See Exhibit 6. 'J Civic Partners - Elsinore, DDA Obligation not on 393,310 This amount is p le under an amended and restated LLC ROPS1 DDAaAf. oxabotDecember26,2002,the Redevelopment Agency of the City of Lake Elsinore (Ageuey) „entered into a Disposition and Development F' Agreemegj with Laing -CP Lake Elsinore LLC (Laing) and,CiA&Parttlers- llsinore LLC (Civic). The 7-'' ownership rights of this DDA were assigned to Summerly LLC pursuant to an amended and restated mss'' Disposition and Development Agreement dated March _.. MG /Chelsea Outlet OPA Payable ”' 4 ? ^,fiO3 Pursuant to the OPA, the Agency is required to pn reimburse the Participant the annual special assessment ^' levied by Northwest Sewer Assessment District 86 -1 which was formed to provide the sewer system to the outlet center project. The bonds issued by Northwest Sewer Assessment District 86-1 mature in the year 2015 and the annual special assessment is approximately $109,513. As of June 30, 2012, the Agency owes $1,526,603 under the OPA. See Exhibit 8. Riverside Cougiy Flood' Due W other governments 4,387,841 These amounts are tax increment pass through amounts Control District set -aside under agreements dated June 27, 1989 and ;yy January 10, 1984 between the Riverside County Flood Control and Water Conservation District, the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore. The amounts were set -aside for fiscal year 1995 -96 to fiscal year 2008 -09 and have not been paid. Amounts of pass through after fiscal year 2008 -09 have been paid annually. See Exhibit 9. $ 6,905.977 Payee Civic Partners - Elsinore, LLC Union Bank, N.A. Union Bank, N.A. Union Bank, N.A. Union Bank, N.A. City of Lake Elsinore City of Lake Elsinore SCHEDULE 6a SUCCESSOR AGENCY TO THE LAKE ELSINORE REDEVELOPMENT AGENCY AGREED -UPON PROCEDURES RELATED TO ALL OTHER FUNDS CASH BALANCES FOR RETENTION TO MEET ENFORCEABE OBLIGATIONS IN FISCAL YEAR 2012 -2013 ON RODS I June 30, 2012 Enforceable Obligation/Other Legal Description Amount Requirement Suplici njRetention DDA Obligation $ 226,662 BOPS 1, Page 1, Lmej 2 Tax Allocation Revenue Bonds, 2010 Series A Tax Allocation Revenue Bonds, 2010 Series C Tax Allocation Revenue Bonds, 592,756 "`ROPS 1, Page 1, Line 4 2011 Series Local Agency Revenue Bonds, "'257,636 2011 Series A Diamond Stadium Annual Capital 300,000 Contribution LERA - Debt service from 83,576 February 2012 to June 2012 , City of Lake Elsinore Housing Fund City of Lake Elsinore City February 2002!Io,Jdne 2012 White Nelson Annual audif`services for Diehl Evans, LLP , fscal year 2011 -2012 5,512,653 153,938 ROPS 1, Page 1, Line 5 BOPS 1, Page 1, Line 16 RODS 1, Page 1, Line 17 ROPS 1, Page 2, Line 19 ROPS 1. Page 3, Line 1 9,000 ROPS 1, Page 1, Line 23 $ 9.236,277 SUCCESSOR AGENCY TO THE LAKE ELSINORE REDEVELOPMENT AGENCY AGREED -UPON PROCEDURES RELATED TO ALL OTHER FUNDS CASH BALANCES FOR RETENTION TO MEET ENFORCEABLE OBLIGATIONS IN FISCAL YEAR 2012 -2013 ON ROPS 2 June 30, 2012 Payee Description Amount Union Bank, N.A. Tax Allocation Revenue Bonds, 2010 Series A Union Bank, N.A. Tau Allocation Revenue Bonds, 201 O Senes B Union Bank, N.A. Tau Allocation Revenue Bonds, 2010 Series C Union Bank, N.A. Tax Allocation Revenue Bonds, 2011 Series A Union Bank, N.A. Local Agency Revenue Bonds, 2011 Series A Union Bank, N.A. Fiscal Agent Fees McMillin Summerly DDA pledges a portion LLC and Civic Partners- revenues through 2038. Elsinore LLC outstanding debt or obli estimated based on pi.;qj revenue groelh at, w property valuesan'd,cgi $ 651,865.63 SCHEDULE6b Enforceable Obligation/Other Legal Reouirement Suporntina Retention Reported on ROP Line j- c Vf? 749,725.00 Reported on ROPE 2, Line 2 �t J„ 1,678,606 88 Re orjed on ROPS 2, Line 3 592,756.25teported on ROPS 2, Line 4 If ravages grol,`y_wt a ]higher or lower rate than 2%'er annum, the total obligation will simdarl (increase or decrease. DDA�plcdges a portion of tax increment ' f i so long as the Agency receives tax Diamond $tad,ipm Group y Annual Capital Contribution =y V City oe1 akc Elsinore City reimbursement LERA - Debt Service Leibold McClendon & Legal services for projects, bonds & Mann DDA/Stadium Agreement Compliance HdL Coren & Cone Tax Projections for bond & DDA Compliance TBD Bond disclosure compliance City of Lake Elsinore City Staff Support/ Other admin reimbursement 2012 -2013 Reported on ROPS 2, Line 5 Reported on RODS 2, Line 6 226,662.00 Reported on ROPS 2, Line 12 300,000.00 Reported on ROPS 2, Line 16 352,000.00 Reported on ROPS 2, Line 17 96,000.00 Reported on ROPS 2, Line 20 18,750.00 Reported on ROPS 2, Line 21 13,700.00 Reported on ROPS 2, Line 22 157,380.00 Reported on ROPS 2, Page 3, Line 3 $ 5,143.856.97 SCHFDULE7 SUCCESSOR AGENCY TO LAKE ELSINORE REDEVELOPMENT AGENCY AGREED -UPON PROCEDURES RELATED TO ALL OTHER FUNDS LISTING OF NONLIQUID ASSETS As of June 30, 2012 Basis for Balance at Asset Description Determining Value June 30, 2012 Due from other Redevelopment Agency Funds Cost '' $ 17:038,599 Land held for resale Cost "'?;:,, 6,088,480 Capital assets Cost '17,839,207 Deferred bond issue costs Cost ,. 2,699,312 $ 43,665,598 SCHEDULES SUCCESSOR AGENCY TO THE LAKE ELSINORE REDEVELOPMENT AGENCY AGREED -UPON PROCEDURES RELATED TO ALL OTHER FUNDS SUMMARY OF BALANCE AVAILABLE FOR ALLOCATION TO AFFECTED TAXING AGENCIES As of June 30, 2012 Total amount of assets held by the Successor Agency as of June 30, 2012 - (Procedure 5) $ 67,697,875 Less assets legally restricted for uses specified by debt covenants, grant restrictions,^ or restrictions imposed by other governments - (Procedure 6)- (11,042,882) Less assets that are not cash or cash equivalents (e.g., physical assets) - (Procedure 7) = < (43,665,598) 4 =' Less balances that are legally restricted for the funding of an enforceable obligation, (net of projected annual revenues available to fund those obligations) - (Procedure (9,236,277) Less balances needed to satisfy ROPS for the 2012 -13 fiscal year - (Procedure 9) (5,143,857) Less the amount of payments made on July 12, 2012 to the County Auditor- Cogno ="- , as directed by the California Department of Finance - ti.`s Add the amount of any assets transferred to the City for which an enfore' rte -" obligation with a third party requiring such transfer and obligating^t e use of the transferred assets did not exist - (Procedures 2 and 3) - Amount to be remitted to County for disbursement to pfi2.cicd !axing agencies $ (1,390,739) f