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HomeMy WebLinkAbout04. OB Pub Comment Due Diligence 12-20-2012 MtgOVERSIGHT BOARD MEMORANDUM DATE: December 20, 2012 TO: Chair and Members of the Oversight Board FROM: Gilbert A. Livas, Executive Director to the Downey Successor Agency 046,1-- SUBJECT: PUBLIC COMMENT SESSION FOR THE DUE DILIGENCE REVIEW ON ALL FUNDS EXCEPT THE LOW AND MODERATE INCOME HOUSING FUND RECOMMENDATION That the Oversight Board accept public comment on the Due Diligence Review (DDR), prepared for the Downey Successor Agency, for all other non - housing funds. SUMMARY AB 1484 created additional requirements associated with the unwinding process of redevelopment agencies. This Legislation created a new mandate for a Due Diligence Review (DDR). The DDR is an agreed -upon procedures audit of all assets and transfer transactions of the former Redevelopment Agency and the Successor Agency. The purpose of the DDR is to identify unencumbered cash resources that can be remitted to taxing entities associated to the dissolved redevelopment project areas. Specifically, under section 34179.6, the Oversight Board is required to review, approve and transmit to the Department of Finance and County Auditor - Controller the determination of the amount of cash and cash equivalents that are available to the taxing entities. AB 1484 mandates that successor agency's retain the services of an independent Certified Public Accountant (CPA) to complete the DDR, and provides that the DDR be undertaken in two phases, with the first phase an audit review of only the low and moderate income housing funds and the second phase a review of all other non - housing funds. On December 11, 2012, the Oversight Board reviewed and approved the first Due Diligence Review which was prepared by the accounting firm of White Nelson Diehl Evans LLP. The Oversight Board adopted Resolution No.12 -0010 and authorized the submission of the DDR to DOF by October 15, 2012. The audit for the second DDR has been completed by White Nelson Diehl Evans LLP and has been distributed to the Oversight Board member as of December 15, 2012. The Oversight Board is tasked with reviewing the DDR and approving the report findings before the DDR can be submitted to the Department of Finance, the County Auditor - Controller, and the State Controller. Chair and Members of the Oversight Board Public Comment Session for the Due Diligence Review on all Funds Except the Low and Moderate Income Housing Fund December 20, 2012 Page 2 The Health and Safety Code provides that the Oversight Board must convene a public comment session, at least five (5) business days in advance of a meeting, by the Oversight Board, to approve the findings of the DDR.