HomeMy WebLinkAboutOversight Board Supplemental Communication dated June 30, 20 AGENDA REPORT
Oversight Board of the Successor Agency to the
Redevelopment Agency
MEETING DATE: November 8, 2012
SUBJECT/ACTION: Receive the Housing Fund Due Diligence Review and
Convene the Public Comment Session
RECOMMENDED ACTION: Motion to:
1) Receive the Housing Fund Due Diligence Review prepared by auditors for
the Low and Moderate Income Housing Fund (Housing Fund); and
2) Convene the Public Comment Session.
BACKGROUND:
Pursuant to Assembly Bill 1484 and Health and Safety Code Section 34179.5,
each successor agency must contract with County approved auditors to conduct
a Due Diligence Review to determine the unobligated balances in the former
redevelopment agency's Housing Fund as of June 30, 2012, which are
considered available for transfer to taxing entities. The CPA firm of Vavrinek,
Trine, Day Company, LLP (VDT) was retained by the Huntington Beach
Successor Agency to conduct this review.
The unobligated balances are determined by taking the total value of assets,
cash and cash equivalents in the Housing Fund and subtracting "Restricted
Assets", which include non-cash assets such as real property and loans
receivable, funds restricted for enforceable obligations, and amounts needed to
satisfy obligations on the Recognized Obligation Payment Schedule ("ROPS") for
the current fiscal year. The amount available for allocation to taxing entities also
includes the value of assets transferred after January 1, 2011 through June 30,
2012, by the former redevelopment agency or the successor agency to the City,
another public agency, or private person if an enforceable obligation for that
transfer did not exist. The Due Diligence Review documents the Restricted
Assets and provides the respective amounts, sources, and purposes for which
the Restricted Assets should be retained.
DISCUSSION:
Each successor agency is required to submit the Due Diligence Review to their
Oversight Board for review and approval in a two step process. For Huntington
Beach this means that the Board will be asked at their November 16, 2012
meeting to vote on a resolution to approve receiving the Due Diligence Review
and to convene a public comment session at that meeting. At least five business
days after the public comment meeting (November 8, 2012), the Oversight Board
holds a second meeting to vote on the approval of the Due Diligence Review.
The Oversight Board may adjust any amount in the review to reflect additional
information and it may authorize the Successor Agency to retain the Restricted
Assets. After the Board's approval, the State Department of Finance (DOF) will
review the Due Diligence Review and must notify the Oversight Board and the
Successor Agency if it decides to overturn any Board decisions to authorize the
Successor Agency to retain Restricted Assets. The DOF must provide the
Oversight Board and the Successor Agency an explanation of its basis for
overturning or modifying any authorizations of the Oversight Board. The
Successor Agency then has the option to meet and confer with DOF to discuss
any modifications.
By December 1, 2012, the County Auditor-Controller must provide DOF a report
specifying the amount submitted by each successor agency from their Housing
Fund.
A similar review of all other funds (non-housing) held by the Successor Agency is
to be completed by December 15, 2012, to determine other unobligated balances
available for transfer to taxing entities. Upon full payment of the amounts
determined in the Due Diligence Review and the subsequent review of all other
funds, DOF is to issue to the Successor Agency, within five business days, a
finding of completion.
SUMMARY:
The Oversight Board is asked to receive and review the,Due Diligence Review of
the former Huntington Beach Redevelopment Agency's Low and Moderate
Income Housing Fund prepared by the auditors. The Board is also asked to
convene a public comment session at their meeting. The Board will be asked to
vote to approve the Due Diligence Review at their scheduled meeting of
November 16, 2012.
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City of Huntington Beach
Redevelopment Successor Agency
Independent Accountants' Report on Applying
Agreed-Upon Procedures pursuant to
AB 1484(Low and Moderate Income Housing Fund)
June 30,2012
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INDEPENDENT ACCOUNTANTS' REPORT ON
APPLYING AGREED-UPON PROCEDURES
Oversight Board of the
City of Huntington Beach Redevelopment Successor Agency
Huntington Beach,California
We have performed the Agreed-Upon Procedures enumerated in Exhibit A, which were agreed to by the
California State Controller's Office,the California Department of Finance,the County Auditor-Controller, and the
City of Huntington Beach Redevelopment Successor Agency (Successor Agency) to determine the Successor
Agency's Low and Moderate Income Housing Fund's unobligated balances that are available for transfer to taxing
entities, solely to assist you in ensuring that the Successor Agency is complying with its statutory requirements
with respect to Health and Safety Code Section 34179.5. Management of the Successor Agency is responsible for
the accounting records pertaining to statutory compliance pursuant to Health and Safety Code Section 34179.5.
This Agreed-Upon Procedures engagement was conducted in accordance with attestation standards established by
the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the
responsibility of those parties specified in the report. Consequently, we make no 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.
Exhibit A and Exhibits B through B-1 identify the procedures and findings.
We were not engaged to and did not conduct an audit, the objective of which would be the expression of an
opinion as to the appropriateness of the results summarized in Exhibit A and Exhibits B through B-1.
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 you.
This report is intended solely for the information and use of the Successor Agency Oversight Board, the
Successor Agency,the California State Controller's Office, the California Department of Finance, and the County
Auditor-Controller, 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.
Laguna Hills,California,
November 7,2012
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CITY OF HUNTINGTON BEACH REDEVELOPMENT SUCCESSOR AGENCY
EXHIBIT A
AGREED UPON PROCEDURES c04
PURSUANT TO AB 1484-LOW AND MODERATE INCOME HOUSING FUND
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Our findings and procedures are as follows:
A. Low and Moderate Income Housing Fund of the Successor Agency
For the Low and Moderate Income Housing Fund, the following procedures were performed:
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.
Findings — We noted that all assets of the former redevelopment (RDA) Low and Moderate
Income Housing Funds were transferred to the City of Huntington Beach Low/Moderate Housing
Asset Fund, a governmental fund of the City. Accordingly, no amounts were transferred to the
Successor Agency. Further, management asserted that the transfer was performed on January 31,
2012, with balances effective on that date.
We noted that the assets of the former RDA Low and Moderate Income Housing Fund in the
amount of$46,611,749.45 were transferred to Fund 352—Low/Moderate Income Housing Asset
Fund, effective January 31, 2012. We agreed the amounts on this listing to account balances
established in the accounting records without exception. Of the total assets transferred they
consisted of cash and cash equivalents, land, supplemental education revenue augmentation fund
(SERAF)advance to the RDA and loans receivables.
We noted the housing activities and assets (assets and functions, rights, powers, duties, and
obligations) of the former RDA were transferred to the Authority on January 9, 2012. We
obtained resolution number 2012-02 authorizing the City Housing Authority (Authority) to
maintain the housing assets and functions of the former RDA. The City of Huntington Beach
formerly accepted the Housing assets and functions on January 9, 2012, through Resolution No.
01. We noted the assets transferred were those in Fund 352,as described above.
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 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.
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CITY OF HUNTINGTON BEACH REDEVELOPMENT SUCCESSOR AGENCY
EXHIBIT A
AGREED UPON PROCEDURES �0
PURSUANT TO AB 1484- LOW AND MODERATE INCOME HOUSING FUND
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C. For each transfer, obtain the legal document that formed the basis for the enforceable obligation that �1�
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.
Findings — The Successor Agency asserted the State Controller's Office has not completed a
review of transfers required under both Health and Safety Code (HSC) Sections 34167.5 and
34178.8. The Successor Agency also asserted no transfers were made from the former RDA or
the Successor Agency to the City for the period from February 1, 2012 through June 30, 2012.
In January, the former RDA transferred all Low and Moderate Income Housing Assets to the
Authority in accordance with 34176(a)(1) and Resolution 2012-02. A listing of the housing
assets transferred is included in Exhibit B of the AUP report. We noted the assets include loans
receivable, SERAF loans receivable,cash and cash equivalents, and land.
For each asset listed on Exhibit B, we obtained the legal document that formed the basis for the
enforceable obligation supporting the transfer. We noted the transfer of the SERAF loan
receivable was supported by HSC Section 34191.4(b)(2). The City provided documentation and
has asserted that the Cash and cash equivalents were supported by the following:
® Resolution 2012-02, "A Resolution of the City Council of the City of Huntington Beach
Under Part 1.85 of Division 24 of the Health and Safety Code Designating the Housing
Authority to Perform the Housing Functions Previously Performed by the Huntington
Beach Redevelopment Agency Subject to Reservations Herein Stated"
a Affordable Housing Agreement by and between the City of Huntington Beach
Redevelopment Agency and BTDJM Phase 11 Associates, LLC executed October 4, 2010.
The outstanding portion of the loan to be repaid with housing funds totals$15,722,100.
® Owner Participation Agreement by and among the City of Huntington Beach and 21002
HB, LLC executed August 20, 2012, requiring a $6,500,000 obligation for Very Low
Income Units, supported by the following additional documentation:
o June 14, 2004 City Council Approved Findings and Conditions of Approval for
Pacific City Project (Tentative Tract Map No. 16338/ Conditional Use Permit
No. 02-20/ Special Permit No. 02-04/ Coastal Development Permit No. 02-12/
Master Plan — Pacific City Mixed Use Project) (see Conditions of Approval —
Tentative Tract map No. 16338, Condition of Approval 2.b.)
o The Five Year Implementation Plan 2005-2009 for the Huntington Beach Project
("Merged Project Area")(see Table III on page 22)
o Ten Year Housing Compliance Plan 2005-14 (see Table 5(a) on page 9 and
Table 7 on page 13)
o Affordable Housing Plan dated June 16, 2006, appended as Attachment No. 4 to
the Owner Participation Agreement by and among Redevelopment Agency of the
City of Huntington Beach, the City of Huntington Beach and Makallon Atlanta
Huntington Beach,LLC
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CITY OF HUNTINGTON BEACH REDEVELOPMENT SUCCESSOR AGENCY
EXHIBIT A
AGREED UPON PROCEDURES C04
PURSUANT TO AB 1484-LOW AND MODERATE INCOME HOUSING FUND
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o Notice of Action dated July 25, 2012 relating to Entitlement Plan Amendment
No. 12-005 and Development Agreement No. 12-001 (Amendments to
Conditional Use Permit No. 02-20/ Tentative Tract map No. 16338 and to Enter
Into a Development Agreement—Pacific City) (see Attachment No. I —Findings
and Conditions of Approval—Entitlement Plan Amendment No. 12-005)
Subsequently, the State Department of Finance (DOF) denied the enforceable
obligation/encumbrance related to the Owner Participation Agreement with 21002 HB, LLC in
the amount of$6,500,000 reported on the Housing Asset Inventory form, submitted in accordance
with HSC 34176(a)(2). The City has asserted that the cash and cash equivalents of$4,959,144.64
is legally obligated pursuant to the aforementioned enforceable obligations and their related
executed contracts and agreements listed above.
We noted the City reported the loans receivable and land identified on Exhibit B on its Housing
Asset Transfer Schedule submitted to the California Department of Finance (DOF) on August 1.
The assets were approved by the DOF in accordance with HSC Section 34176 (e)(6), with the
exception of encumbrance mentioned above.
The Successor Agency has asserted that it is appealing all denied items with the meet-and-confer
process in accordance with HSC 34176(a)(2). The assets noted above have not been added to the
Summary of Balances Available for Allocation to Affected Taxing Entities,pending the outcome
of the meet-and-confer.
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 Successor Agency 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.
Findings—The City asserted the State Controller's Office has not completed a review of transfers
required under both HSC Sections 34167.5 and 34178.8. The Successor Agency asserted no
transfers were made from the former RDA or the Successor Agency to any other public agency or
to private parties for the period from February 1, 2012 through June 30,2012.
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CITY OF HUNTINGTON BEACH REDEVELOPMENT SUCCESSOR AGENCY
EXHIBIT A
AGREED UPON PROCEDURES C04
PURSUANT TO AB 1484-LOW AND MODERATE INCOME HOUSING FUND
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The City asserted there were four(4) loans that were disbursed during the period January 1,2011
through January 31, 2012. These loans were approved and signed prior to January 1, 2011;
however, due to delays in the escrow closing process, the loan funds were disbursed subsequent
to January 1, 2011. The loans were for down payment assistance programs and fell within the
criteria established for use of Low and Moderate Income Housing Funds. The City reported these
loans to the Department of Finance on the Housing Asset Transfer Form. The loan receivables
were transferred to the Authority as noted in procedure#2.
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.
Findings—Procedure 4 is not applicable to the Low and Moderate Income Housing Fund.
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
listings should be attached as an exhibit to the appropriate AUP report.
Findings—As further described in Procedure#1, the former RDA transferred Low and Moderate
Income Housing assets directly to the Authority. Accordingly, the Successor Agency maintains
no assets of the former RDA Low and Moderate Income Housing Fund as of June 30,2012.
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CITY OF HUNTINGTON BEACH REDEVELOPMENT SUCCESSOR AGENCY
EXHIBIT A
AGREED UPON PROCEDURES c04
PURSUANT TO AB 1484-LOW AND MODERATE INCOME HOUSING FUND
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6. Obtain from the Successor Agency a listing of asset balances held on June 30,2012,that are restricted for 7�
the following purposes:
A. Unspent bond proceeds:
i. 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.).
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).
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).
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:
i. 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
Obtain 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.
Findings—As further described in Procedure #1,the former RDA transferred Low and Moderate
Income Housing assets directly to the Authority. Accordingly, the Successor Agency maintains
no assets of the former RDA Low and Moderate Income Housing Fund as of June 30,2012.
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CITY OF HUNTINGTON BEACH REDEVELOPMENT SUCCESSOR AGENCY
EXHIBIT A
AGREED UPON PROCEDURES c04
PURSUANT TO AB 1484-LOW AND MODERATE INCOME HOUSING FUND
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7. Perform the following procedures:
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
and/or methodology, note the lack of evidence.
Findings — The Successor Agency asserted that the Low and Moderate Income Housing Fund
does not have assets that are not liquid or otherwise available for distribution (such as capital
assets, land held for resale, long-term receivables, etc.) as of June 30, 2012. As such, the
procedures noted above were not performed.
8. Perform the following procedures:
A. If the Successor Agency believes that asset balances need to be retained to satisfy enforceable
obligations, obtain from the Successor Agency 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.
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.
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CITY OF HUNTINGTON BEACH REDEVELOPMENT SUCCESSOR AGENCY
EXHIBIT A
AGREED UPON PROCEDURES C04
PURSUANT TO AB 1484-LOW AND MODERATE INCOME HOUSING FUND
B. If the Successor Agency believes that future revenues together with balances dedicated or restricted �7
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:
i. Compare the enforceable obligations to those that were 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.
ii. 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.
iii. 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 insufficient to 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.
i. 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.
D. 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.
i. 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.
ii. Reduce the amount of total 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.
iii. Include the calculation in the AUP report.
Findings—As further described in Procedure No. 1,the former RDA transferred assets to the City
Housing Fund. Accordingly, the Successor Agency maintains no assets of the former RDA Low
and Moderate Income Housing Fund.As such,this procedure was not performed.
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CITY OF HUNTINGTON BEACH REDEVELOPMENT SUCCESSOR AGENCY
EXHIBIT A
AGREED UPON PROCEDURES C,010
PURSUANT TO AB 1484-LOW AND MODERATE INCOME HOUSING FUND
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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.
Findings—The Successor Agency asserted that cash balances as of June 30, 2012, do not need to
be retained to satisfy obligations on the ROPS for the period of July 1, 2012 through
June 30, 2013, of the Low and Moderate Income Housing Fund. As such, the procedures noted
above were not performed.
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).
Findings — We have included a schedule detailing the computation of the Balance Available for
Allocation to Affected Taxing Entities. See Exhibit B-1.
11. Obtain a representation letter from 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. Included in the representations should be an acknowledgment that management is not aware of
any transfers (as defined by Section 34179.5) from either the former redevelopment 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 the AUP report and its related exhibits. Management's refusal to sign the
representation letter should be noted in the AUP report as required by attestation standards.
Findings — The Successor Agency provided a management representation letter. No exceptions
were noted.
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City of Huntington Beach Redevelopment Successor Agency Exhibit B J�
Low and Moderate Income Housing Fund 1>1 ,
Schedule of Asset Transfers to the City,County,or City and County,and Other Public Agencies or Private Parties C,
O1�
$VALUE OF ASSETS $VALUE OF ASSETS SOURCE DOC BASIS FOR ,7
DATE OF TRANSFER DESCRIPTION OF ASSETS RECIPIENT TRANSFERRED NOT SUPPORTED PURPOSE OF TRANSFER TRANSFER O�
Period gfJan 1,2011 lhroughJan 31,2012 �J
1/31/2012 Land Improved with Low-Moderate Senior Huntington Beach $ 885,000 $ Transfer of Low-Mod Housing City Resolution 12-002 and
Housing Funds Housing Authority Fund Assets to the Housing Housing Authority Resolution 01
Authority
Cash and Cash Equivalents Huntington Beach 4,959,144.64 (a) Transfer of Low-Mod Housing (b)
Housing Authority Fund Assets to the Housing
Authority
SERAF Loans Receivable Huntington Beach 3,927,706.00 Transfer of Low-Mod Housing City Resolution 12-002 and
Housing Authority Fund Assets to the Housing Housing Authority Resolution 01
Authority
Loans Receivable,funded from the Low Huntington Beach 36,839,898.81 Transfer of Low-Mod Housing City Resolution 12-002 and
and Moderate Income Housing Fund,to Housing Authority Fund Assets to the Housing Housing Authority Resolution 01
homebuyers,homeowners,nonprofit or for Authority
profit developers and other parties that
require occupancy by persons of low and
moderate income.
Period of P'eh 1,20121hrough June 30,2012
2/1/2012 None reported
TOTAL $ 46,611,749A5 $
Notes
(a) Refer to Procedure 2C for a Iisting of the enforceable obligations for which the City has asserted will to be paid with Housing funds cash and cash equivalents.
(b) Agreement By and Between the Redevelopment Agency of the City of Huntington Beach and the City of Huntington Beach and related Promissory Note executed May 18,2009,
authorizing a loan for the repayment of the Emerald Cove portion of the Lease Revenue Refunding Bonds,Series A
Affordable Housing Agreement by and between the City of Huntington Beach Redevelopment Agency and BTDJM Phase II Associates,LLC Affordable Housing Agreement dated
August 20,2012 by and between the City of Huntington Beach and 21002 HB•LLC,appended as Exhibit D to the Development Agreement dated August 20,2012 by and between the City
of Huntington Beach and 21002 HB,LLC supporting by the following additional documentation.
June 14,2004 City Council Approved Findings and Conditions of Approval for Pacific City Project(Tentative Tract Map No.16338/Conditional Use Permit No.02-20/
Special Permit No 02-04/Coastal Development Permit No.02-12/Master Plan—Pacific City Mixed Use Project)(see Conditions of Approval—Tentative Tract map No.16338,
Condition of Approval 2.b.)
The Five Year Implementation Plan 2005-2009 for the Huntington Beach Project("Merged Project Area")(see Table III on page 22)
Ten Year Housing Compliance Plan 2005-14(see Table 5(a)on page 9 and Table 7 on page 13)
Affordable Housing Plan dated June 16,2006,appended as Attachment No.4 to the Owner Participation Agreement by and among Redevelopment Agency of the City of Huntington
Beach,the City of Huntington Beach and Makallon Atlanta Huntington Beach,LLC
Notice of Action dated July 25,2012 relating to Entitlement Plan Amendment No.12-005 and Development Agreement No.12-001(Amendments to Conditional Use Permit No.02-20/
Tentative Tract map No. 16338 and to Enter Into a Development Agreement—Pacific City)(see Attachment No.1—Findings and Conditions of Approval—Entitlement Plan Amendment
No.12-005)
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0
�1X
.'>1
City of Huntington Beach Redevelopment Successor Agency Exhibit B-1 Q
Low and Moderate Income Housing Fund 14�
Summary of Balances Available for Allocation to Affected Taxing Entities 77
Total amount of assets held by the Successor Agency as of June 30,2012(procedure 5) $ -
Add the amount of any assets transferred to the city or other parties for which an enforceable
obligation with a third party requiring such transfer and obligating the use
of the transferred assets did not exist(procedures 2 and 3) - (a)
Less assets legally restricted for uses specified by debt
covenants,grant restrictions,or restrictions imposed by other
governments(procedure 6)
Less assets that are not cash or cash equivalents (e.g.,physical assets)-(procedure 7) -
Less balances that are legally restricted for the funding of an enforceable
obligation(net of projected annual revenues available to fund those obligations)-(procedure 8) -
Less balances needed to satisfy ROPS for the 2012-2013 fiscal year(procedure 9) -
Less the amount of payments made on July 12,2012,to the County Auditor-Controller as
directed by the California Department of Finance
Amount to be Remitted to County for Disbursement to Taxing Entities $ -
(a) See Footnote referenced on Exhibit B.
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