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16 Staff Report - Approving 2007/08 Annual Report for Redevelopment Agency,~p~N H DF MEETING DATE: 12/15/08 ~OS`aAtas ITEM NO: 1 r _ COUNCILIAGENCY AGENDA REPORT DATE: December 11, 2008 TO: MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: GREG LARSON, TOWN MANAGER/EXECUTIVE DIRECTOR SUBJECT: CONSIDER ADOPTING RESOLUTION APPROVING THE 2007108 ANNUAL REPORT FOR THE LOS GATOS REDEVELOPMENT AGENCY. RECOMMENDATION: Adopt resolution approving the 2007/08 Annual Report for the Los Gatos Redevelopment Agency DISCUSSION: Pursuant to California Health and Safety Code §33080.1, the Redevelopment Agency shall present an annual report to Council within six months of the end of the fiscal year. The report shall contain: (1) an independent financial audit report for the previous fiscal year; (2) a fiscal statement for the previous fiscal year including the Agency's revenues, debts, the amounts of tax increment to be allocated to other districts; (3) a description of the Agency's activities in the previous fiscal year affecting housing; (4) a description of the Agency's progress in alleviating blight during the previous fiscal year; (5) information about loans made by the Agency at or exceeding $50,000 that were in default or otherwise not in compliance with the terms of the loan; (6) a description of the total number and nature of properties owned by the Agency and those acquired during the prior fiscal year; and (7) any other useful information to explain the Agency's programs. The 2007/08 audit was completed by C.G. Uhlenberg, LLP (Exhibit A). It includes the auditor's opinion of the Agency's operations and financial position, and the Agency's compliance with laws, regulations, and administrative requirements governing the agency, including all financial activities involving low and moderate income housing funds. PREPARED BY: QWa Bud N. Lortz Deputy Executive Director Reviewed by: ~ Assistant Town Manager/Deputy Director own Attorney/General Counsel Clerk Administrator/Secretary _,<C--Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: ADOPT RESOLUTION APPROVING 2007/08 ANNUAL REPORT December 11, 2008 The Statement of Housing Activity, the Annual Report of Financial Transactions and Statement of Indebtedness (Exhibits B, C and D) consist of forms provided by the State Department of Housing and Community Development. A number of major accomplishments were made by the Los Gatos Redevelopment Agency during the 2007/08 fiscal year to eliminate blight: • As part of Phase III of the Downtown Street Reconstruction Project, Ehn Street Reconstruction between N. Santa Cruz and University Ave was finished ill FY 2007/08. The University Avenue Resurfacing Project (from Mullen to Main Street) used contingency funding and was completed in the summer of 2008. These streets were the only remaining streets in the downtown business core that were in extremely poor condition. Almond Grove Concrete Rehabilitation Pilot Project was started in FY 2007/08 and will continue in FY 2008/09. • The Santa Cruz Avenue/Wood Road Gateway project is in the final design stage. Once design work is completed and approved, additional grant funding will be pursued and programmed into a future year's Capital Improvement Program. • The Los Gatos Redevelopment Agency contributed toward the purchase of an existing building on Los Gatos Boulevard for use for police services. The existing 9,020 square foot building may also be expanded to 12,260 square feet to include a new Emergency Operations Center and Sally Port. The building will house patrol, detectives, and evidence storage. In FY 2007/08 plans were developed and the estimated completion of the building modifications should be in Fall 2009. State Actions The FY 2007/08 budget eliminated the ERAF payment, allowing the Agency to retail tax increments to be used for important fuuture Agency projects. Proposition IA approved in 2004 does not contain specific protections for Redevelopment Agencies. They were not included because there are existing legal opiiuons that conclude that Redevelopment Agency tax increment revenue is constitutionally protected from State revenue takes. It is important that the Town continue to monitor developments regarding Redevelopment Agencies to discourage the legislature fiom further State takes from Redevelopment Agency Tax Increment. Protecting Redevelopment Agency funds for all cities is a strategic priority for the League of California Cities. It is essential to preserve the Agency's tax increment revenue, as any "take" from this source will reduce the amlual revenue stream. If a larger revenue "take" is enacted, the lowered revenue stream will reduce the total amount of bonds the Agency can issue in the future. PAGE 3 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: ADOPT RESOLUTION APPROVING 2007/08 ANNUAL REPORT December 11, 2008 Fund Balances and Excess Surnlus The RDA Debt Service Fund balances at June 30, 2008 of approximately $6.1 million consist of monies dedicated for current and future debt service. This amount represents tax increments received by the Agency reduced by tax sharing payments and debt service payment made each year. The cash flow assumes annual excess tax increments collected beyond the amounts needed to pay annual debt service payments would be utilized for future bonding capacity. The future bonding capacity of the RDA is dependent upon the Agency's excess tax increment availability. As such, any use of the Debt Service fund balance would lower future bonding capacity of the Agency. One recent estimate prepared by Emily Wagner and Associates (the RDA & Town's financial advisor on debt issues) assumes there will be capacity for a new debt issue of approximately $14.0 million, which could be issued on or before December 25, 2011. The Council has identified these fiends as a source of funding for the future construction of a new library. The Redevelopment Capital Projects fund balance at June 30, 2008 of approximately $3.0 million is utilized year to year for RDA administrative costs such as staff charges, legal fees etc, which average about $1M per year. At June 30, 2008, this fiord holds approximately $240K of the remaining 2002 Certificates of Participation (COP) unspent proceeds to be used for eligible capital projects. The remaining proceeds at June 30, 2008 will be dedicated to pay for the final Downtown Street Reconstruction projects: Almond Grove Reconstruction ($78K), N. Santa Cruz Lighting ($SK), Santa Cruz Avenue/Wood Road Gateway ($65K) and University Avenue Repaving project ($92K). Some of the projects listed above are in the design stage and construction is estimated to be in the range of $2M. The other fund balance amounts are derived from interest earnings and remaining cash from the Town's operating loans to the Agency. Technically, the RDA spends funds through issuing debt and so typically, the Town lends this fund an annual cash loan (approximately $500-$600K) from the Town's General Fund. The loan from the Town is then paid back annually from the RDA Debt Service Fund cash balance. The Housing Set Aside (Low and Moderate Housing) fund balance is approximately $7.2 million at June 30, 2008. It is restricted for use for low and moderate housing purposes. As presented in the attached report, the Agency currently has an "excess surplus" amount of $518,803 for FY 2005/06, $1,037,474 for FY 2006/07 and $1,795,145 for FY 2007/08. When an excess surplus condition exists, state law requires the Agency to eliminate this condition within three fiscal years. If this does not happen, the Agency could face penalties including limiting the Agency abilities to spend and encumber funds or the possibility that the Agency's other funds may be charged up to 50% of the excess surplus amount which would then be deposited into the Low and Moderate Housing Fund. PAGE 4 MAYOR AND TOWN COUNCIL/CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY SUBJECT: ADOPT RESOLUTION APPROVING 2007/08 ANNUAL REPORT December 11, 2008 On December 3, 2007, the Agency Board committed to loan Senior Housing Solutions roughly $832,700 for a very low-income senior housing project. Staff is working with Seifel Consulting, the Agency's real estate and housing specialist, to develop strategies to invest the monies in the Housing Fund, CONCLUSION: Upon approval by the Council, the Annual Report will be sent to the State Controller and the State Department of Housing and Community Development as required by State law. ENVIRONMENTAL ASSESSMENT: Approval of the Redevelopment Agency Annual Report is not a project subject to CEQA. FISCAL IMPACT: None ATTACHMENTS : Attachment 1 - Resolution approving the 2007108 Annual Report for the Los Gatos Redevelopment Agency Exhibit A - Redevelopment Audit for Fiscal Year 2007108 Exhibit B - Statement of Housing Activity for Fiscal Year 2007108 Exhibit C - Annual Report of Financial Transactions for Fiscal Year 2007108 Exhibit D - Statement of Indebtedness BNL/SDC: li NA NANCE RMCouncil Repoiu\2007-08 RDA Annual Report. docc RESOLUTION 2008 - RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING THE 2007108 ANNUAL REPORT FOR THE LOS GATOS REDEVELOPMENT AGENCY WHEREAS: The California Corninunity Redevelopment Law (§33080.1) requires every redevelopment agency to present a report on financial and housing activity to its legislative body within six months of the end of the agency's fiscal year. 2. The Annual Report for the Redevelopment Agency consists of an independent financial audit report for the previous fiscal year, a fiscal statement for the previous fiscal year, and a description of the agency's activities affecting housing and displacement. The audit to by issued by C.G. Uhlenberg, LLP, attached hereto as Exhibit A, gives an unqualified opinion of the Redevelopment Agency's financial activities includes the auditor's opinion of the agency's operations and financial position, and the agency's compliance with laws, regulations and administrative requirements governing activities of the agency, including all financial activities involving low and moderate income housing fiends. 4. The Statement of Housing Activity, Aiulual Report of Financial Transactions, and Statement of indebtedness are attached hereto as Exhibits B, C and D, consist of forms provided by the State Department of Housing and Community Development. 5. Approval of the 2007108 Annual Report for the Los Gatos Redevelopment Agency does not constitute a project for purposes of the California Environmental Quality Act ("CEQA") RESOLVED, that the Town Council/Redevelopment Agency hereby approves and adopts the 2007/08 Annual Report for the Los Gatos Redevelopment Agency, attached hereto as Exhibits A, B, C and D. ATTACFR4KNT I FURTHER RESOLVED, that the Town Council determines the planning and administrative expenses from the Low and Moderate Income Housing Fund is necessary for the production, improvement, or preservation of low and moderate-income housing. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 15th day of December 2008 by the following vote: COUNCIL/AGENCY BOARD MEMBERS: AYES: NAYS: ABSENT: AB STAIN: SIGNED: Isl MAYOR/CHAIRPERSON OF TH. E TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN OF LOS GATOS REDEVELOPMENT AGENCY BASIC FINANCIAL STATEMENTS FOR TIE YEAR ENDED JUNE 30, 2008 WITH INDEPENDENT AUDITORS' REPORTS THEREON EXHIBIT A TOWN OF LOS GATOS REDEVELOPMENT AGENCY TABLE OF CONTENTS FOR THE YEAR ENDED JUNE 30, 2008 PAGE Independent Auditors' Report l - 2 Management's Discussion and Analysis 3 -9 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Assets 10 Statement of Activities 11 Fund Financial Statements: Governmental Funds: Balance Sheet 12 Reconciliation of the Balance Sheet - Statement of Net Assets 13 Statement of Revenues, Expenditures, and Changes in Fund Balances 14 Reconciliation of Statement of Revenues, Expenditures, and Changes in Fund Balances - Statement of Activities 15 Notes to the Financial Statements 16 - 24 Supplementary Information: Budgetary Comparison Schedules: Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget to Actual - Redevelopment Fund 25 Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget to Actual - Housing Fund 26 Schedule of Revenues, Expenditures, and Changes in Fund Balance - Budget to Actual - Certificates of Participation Fund 27 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Govern mernt A uditing Standards 28-29 Summary of Compliance Findings Summary of Prior Year Compliance Findings 31 W C. G. UHLENBERG LLP CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS PEGGY H. CH£N, C.P.A. JEFFREY J. IRA, C.P.A. KATHERINE CHAO, C.P.A, JULIE T. UN. C.P.A. INDEPENDENT AUDITORS' REPORT Members of the Board of the Town of Los Gatos Redevelopment Agency Los Gatos, California We have audited the accompanying financial statements of the governmental activities, each major fund and the aggregate remaining fund information of the Los Gatos Redevelopment Agency (the "Agency"), a component unit of the Town of Los Gatos, California, as of and for the year ended June 30, 2008, which collectively comprise the Agency's basic financial statements, as listed in the table of contents. These financial statements are the responsibility of the Agency's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the governmental activities, each major fund and the aggregate remaining fund information of the Los Gatos Redevelopment Agency as of June 30, 2008, and the respective changes in financial position for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditinj; Standards, we have also issued a report dated November 28, 2008 on our consideration of the Agency's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results pf the testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. 333 Twin Dolphin Drive, Suite 230 • Redwood City, CA 94065 • Phone (650) 802-8668 • Pax (650) 802-0866 4117 Clipper Caurt • Fremont, CA 94538 • Phone (510) 770-8680 • Pax (510) 770-8685 1230 Midas Way, Suite 250 • Sunnyvale, CA 94085 * Phone (408) 331-6242 + Fax (408) 331-6243 ,Mail - info@cgucpa.com • www.cgucpa.com The Management's Discussion and Analysis is not a required part of the basic financial statements, but is supplementary information required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming an opinion the financial statements that collectively comprise the Agency's basic financial statements. The budgetary schedules listed in the table of contents are presented for purposes of additional analysis and are not a required part of the basic financial statements of the Agency. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. e. C-7-. MA&4gg- I-Ze December 5, 2008 Redwood City, California Management's Discussion and Analysis TOWN OF LOS GATOS REDEVELOPMENT AGENCY MANAGEMENT'S DISCUSSION AND ANALYSIS As a component unit of the Town of Los Gatos, the Redevelopment Agency ("Agency") was established in response to the need to rebuild existing infrastructure damaged in the 1989 Loma Prieta Earthquake. The Redevelopment Agency area encompasses approximately 440 acres in and around Downtown Los Gatos, which includes retail and residential areas, lodging, schools, and main traffic thoroughfares. Projects such as street and utility reconstruction, parking, streetscape and civic improvements were called out in the Redevelopment Plan. The Agency has the power to condemn properties for this purpose and to issue debt payable out of the incremental property taxes expected to be realized because of its redevelopment activities. The Agency may enter into development agreements with developers and others to further its purposes. FISCAL 2008 FINANCIAL HIGHLIGHTS Agency revenues experienced continued growth in the project area as compared to the prior year. Property tax increments, the Agency's primary revenue source, increased $1,449,864 from the amounts received the prior year. • The assets of the Agency exceeded its liabilities at June 30, 2008 by $8,412,581 (net assets). Included in the determination of net assets is a negative (deficit) balance of ($4,082,194) in unrestricted net assets. The deficit in unrestricted net assets is normal in California redevelopment agencies. All redevelopment agencies leverage current tax increment revenues by issuing long-term debt to raise capital to eliminate blight and promote economic growth within the Agency's project area. • The Agency's total net assets decreased by $1.95 million from the prior year. `1'he decrease is largely due to a transfer of capital assets to the Town. • As of June 30, 2008, the Agency's governmental funds reported combined ending fund balances of $16,469,613; an increase of $1,288,664 in comparison from the prior year's combined find balance of $15,180,949. The. increase is due primarily to an increase in fund balances in the Town's Low and Moderate Housing Fund and Debt Service Fund. • At June 30, 2008 total unreserved fund balance in the Town's governmental funds of $5,728,848 increased $1,879,465 in comparison with the prior year's balances of $3,849,383. OVERVIEW OF THE BASIC FINANCIAL S'T'A'T'EMENTS This Report is in three parts: 1) Management's Discussion and Analysis (this part), 2) The Basic Financial Statements, which include the Agency-wide and the Fund financial statements, along with the Notes to these financial statements, and 3) Budget/Actual Statements for budgeted Capital Projects Funds. The Basic Financial Statements The Basic Financial Statements comprise the Agency-wide Financial Statements and the Fund Financial Statements. These two sets of financial statements provide two different views of the Agency's financial activities and financial position long-tern and short-term. TOWN OF LOS GATOS REDEVELOPMENT AGENCY MANAGEMENT'S DISCUSSION AND ANALYSIS The Agency-wide Financial Statements provide a longer-terns view of the Agency's activities as a whole, and comprise the Statement of Net Assets and the Statement of Activities. The Statement of Net Assets provides information about the financial position of the Agency as a whole, including all its capital assets and long-term liabilities on the full accrual basis, similar to that used by corporations. The Statement of Activities provides information about all the Agency's revenues and all its expenses, also on the full accrual basis, with the emphasis on measuring net revenues or expenses of each of the Agency's programs. The Statement of Activities explains in detail the change in Net Assets for the year. The Fund Financial Statements report the Agency's operations in more detail than the Agency- wide statements and focus primarily on the short-term activities of the Agency's Major Funds. The Fund Financial Statements measure only current revenues and expenditures, current assets, liabilities and fiend balances; they exclude capital assets, long-term debt, and other long-term amounts. Major Funds account for the major financial activities of the Agency and are presented individually, while the activities of any Non-major Funds would be presented in summary, with subordinate schedules presenting the detail for each of these other funds. The Agency does not have any Non-major Funds, Major Funds are explained below. Together, all these statements are now called the Basic Financial Statements; formerly they were called the general-purpose financial statements. The Agency-ivide Financial Statements All of the Agency's basic services are considered to be Governmental activities, including; economic development, pass through agreements, and debt service. General Agency revenues such as incremental property taxes and investment earnings support these services. Agency-wide financial statements are prepared on the accrual basis, which means they measure the flow of all economic resources of the Agency as a whole, Fiend Financial Statements Governmental Fund financial statements are prepared on the modified accrual basis, which means they measure only current financial resources and uses. Capital assets and other long- lived assets, along with long-term liabilities, are presented only in the Agency-wide financial statements. The Fund financial statements provide detailed information about each of the Agency's most significant funds, called Major Funds. The concept of Major Funds, and the determination of which are Major Funds, was established by GASB Statement 34 and replaces the concept of combining like funds and presenting them in total. Instead, each Major fund is presented individually, with all Non-major Funds summarized and presented only in a single column. Subordinate schedules present the detail of these Non-major fiends. Major Funds present the 4 TOWN OF LOS GATOS REDEVELOPMENT AGENCY MANAGEMENT'S DISCUSSION AND ANALYSIS major activities of the Agency for the year. The Agency's Major Funds may change from year to year as a result of changes in the pattern of Agency's activities. The Agency has three Major Governmental Funds in 2008. These are the Redevelopment Fund, the Housing Set-Aside Fund, and the Certificate of Participation Fund, each of which is discussed in detail below. FINANCIAL ACTIVITIES OF THE AGENCY AS A WHOLE This analysis focuses on the net assets and changes in net assets of the Agency as a whole. Tables 1, 2 and 3 focus on the Agency's Governmental Statement of Net Assets and Statement of Activities. Governmental Activities Governmental Net Assets presents total program assets and liabilities and the resulting allocation of the Agency's net assets. Table 1 Governmental Net Assets at June 30, 2008 (In Millions) June 30, 2008 Junc 30, 2007 Cash and Investments Other Assets Total Assets Long Term Debt Outstanding Other Liabilities Total Liabilities Net Assets: Invested in Net Assets Restricted Unrestricted $ 20.95 $ 22.11 3.17 6.79 $ 24.12 $ 28.90 $ 10.50 $ 10.93 5.39 7.60 $ 15.89 $ 1.8.53 $ 1.75 $ 5.24 10.74 11.33 (4.26) (6.21) Total Net Assets: $ 8.23 $ 10.36 The Agency's governmental net assets amounted to $8.23 million at June 30, 2008. The Agency's net assets at June 30, 2008 are comprised of the following: • Unrestricted cash and investments comprised $20.95 million of pooled cash and investments available for operations. Substantially all of these amounts were held in the Town's cash and investment pool as described in Note 3 to the financial statements. Restricted cash and 5 TOWN OF LOS GATOS REDEVELOPMENT AGENCY MANAGEMENT'S DISCUSSION AND ANALYSIS investments of $1.49 million are fields held by trustees as prescribed under the Certificate of Participation issuances. • Other Assets of $3.17 million largely represents the value of the Parking Lot #4 parking structure, which is considered an infrastructure capital asset under the provisions of GASB 34. Short-term payables and pass-through obligations comprise $3.71 million of Agency liabilities. As part of the Redevelopment Plan, the Agency entered into agreements with other taxing agencies to pass-through portions of incremental property taxes and amounts due are reflected at June 30, 2008. • As of June 30, 2008 the Town of Los Gatos had advanced the Agency a total of $1.5 million to partially fiend ongoing Agency operations. This advance is repayable on demand. • Long-term debt of $10.50 million, of which $1.0.05 million is due in future years and $.45 million, is due currently. • The $1.74 million of `Investments in Capital Assets, Net of Related Debt' describes the portion of Net Assets that represents the current net book value of the Agency's capital assets, less the outstanding balance of any debt issued to finance these assets. • Restricted net assets total $10.74 million, of which $3.00 million may be used only for capital projects, $7.20 million is restricted for low and moderate income housing purposes, and $.54 million may be used only for debt service. 'rhe restrictions on these fiends were placed there by outsiders and cannot be changed by the Agency. • Unrestricted net assets are the part of net assets that can be used to finance day-to-day operations without constraints established by debt covenants or other legal requirements or restrictions. The Agency had $(4.26) million of unrestricted net assets at June 30, 2008. This deficit is a result of the $11.75 million in long-term debt proceeds, which are deducted from fiord balance. 6 TOWN OF LOS GATOS REDEVELOPMENT AGENCY MANAGEMENT'S DISCUSSION AND ANALYSIS Changes in Governmental Net Assets The Statement of Activities presents program revenues and expenses and general revenues in detail. All these are elements in the Changes in Governmental Net Assets summarized below: Table 2 Changes in Governmental Net Assets (In Millions) Revenues 2008 2007 General Revenues and Transfers: Property Tax Increments $ 8.07 $ 7.42 Interest 0.90 0.81 Transfers to Town of Los Gatos (4.98) - Total Revenues $ 3.99 $ 8.23 Activities: Functions l Programs Redevelopment Projects $ 2.07 $ 1.18 Pass-through payments 3.21 2.90 Interest and Fees 0.84 0.73 Total Government Activities $ 6.12 $ 4.81 Change in Net Assets $ (2.13) $ 3.42 As Table 2 above shows, $8.97 million (100%) of the Agency's 2008 Governmental revenue is general revenues such as taxes and interest. General revenues are not allocable to programs. General revenues are used to pay for the net cost of governmental programs. During the year the Agency transferred $3.58 million, net of accumulated depreciation, in infrastructure assets to the Town that were purchased using redevelopment resources since will be owned and maintained by the Town. The total transfer of $4.98 million includes current year capital outlay reported in the Agency's redevelopment fund. TOWN OF LOS GATOS REDEVELOPMENT AGENCY MANAGEMENT'S DISCUSSION AND ANALYSIS Net Revenue (Expense) of Governmental Activities Table 3 presents the net (expense) or revenue of each of the Agency's governmental activities, including interest on long-term debt. Net expense is defined as total program cost less the revenues generated by those specific activities. Table 3 Net Revenue (Expense) of Governmental Activities (In Millions) 2008 2007 Redevelopment Projects $ (2.07) $ (1.18) Property Tax Increments (3,21) (2.90) Interest (0.94) (0.73) Totals $ (6.12) $ (4.81) THE AGENCY'S FUND FINANCIAL STATEMENTS Table 4 below summarizes Governmental Activity and balances at the Rind level: Table 4 Financial Highlights at Fund Level (In Millions) Governmental Fund Total Assets Total Liabilities `total Fund Balances Total Revenues Total Expenditures Total Other Financing Sources (Uses) 2008 $ 21.48 5.19 16.29 8.97 7.86 2007 $ 22.60 7.42 15.18 8.24 6.01 Analyses of Major Governmental Funds Redevelopment Fund Accounts for activities of the Redevelopment Agency of the Town and the related program tax revenues. This fiend encompasses three core functions: Redevelopment Agency administration, Capital Project development and implementation, and the implementation of the Economic Vitality Program. 9 TOWN OF LOS GATOS REDEVELOPMENT AGENCY MANAGEMENT'S DISCUSSION AND ANALYSIS Housing Set Aside Fund Accounts for administering the housing component of the Redevelopment plan. The revenue source for this program comes from the 20% State-mandated housing set-aside deducted from incremental property taxes. Certificates of Participation Fund This Fund accounts for financial resources to be used for the payment of principal and interest in long-term obligations. Each of the Agency's debt issues is discussed in detail in Note 6 to the financial statements. Certificates of Participation are used to field the key infrastructure projects in the Downtown redevelopment area. At June 30, 2008, the Agency's debt comprised: June 30, 2008 June 30, 2007 Balance Balance GovernmentActivity Debt (In Millions) (In Millions) 1992 Certificates of Participation $ 0.89 $ 1.08 2002 Certificates of Participation 9.61 9.85 Total Long Term Debt $ 10.50 $ 10.93 ECONOMIC OUTLOOK AND MAJOR INITIATIVES The economy of the Agency and its major initiatives are discussed in detail in the Letter of Transmittal in the Town of Los Gatos' Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2008. CONTACTING THE AGENCY'S FINANCIAL MANAGEMENT These Financial Statements are intended to provide citizens, taxpayers, investors, and creditors with a general overview of the Agency's finances. Questions about this Report should be directed to the Finance Department, at 110 East Main Street, Los Gatos, CA 95030. Basic Financial Statements TOWN OF LOS GATOS REDEVELOPMENT AGENCY STATEMENT OF NET ASSETS JUNE 30, 2008 ASSETS Cash and investments Restricted cash and investments Accounts receivable Capital assets (net) Total Assets LIABILITIES Accounts payable Interest payable Unearned revenue Passthrough obligations Advance firm Town of Los Gatos General Fund Noncurrent liabilities: Due within one year Due in more than one year Total Liabilities NET ASSETS invested in capital assets (net of related debt) Restricted for: Redevelopment projects Low income housing Debt service Unrestricted Total Net Assets See accompanying notes to financial statements Governmental Activities $ 19,456,682 1,494,916 52 6,2 66 2.644.010 $ 24,121,874 $ 294,900 201,042 185,121 3,210,934 1,500,000 44 5,0 00 10,05 5,0 00 S 15.891.997 $ 1,754,010 2,99 7,776 7,198,500 544,489 (4,26 4,898) $ 8,229,877 10 TOWN OF LOS GATOS REDEVELOPMENT AGENCY STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED JANE 30, 2008 Program Expenses: Redevelopment Passthrough payment Interest and fees Total Program Expenses Net Program Incom a (Expense) General Revenues and Transfers: Genera{ Revenues: Tax allocation increment Interest income Transfersto the Townof Los Gatos Total General Revenues and Transfers Change in Net Assets Net Assets _ Beginning Net Assets - Ending See accompanying notes to financial statements Governmental Activities $ 2,069,275 3,210, 934 838,967 6,119,176 (6,119,176) 8,072,176 897,968 (4, 984, 824) 3,985,320 (2,133,856) 10,363,733 $ 8,229,877 11 TOWN OF LOS GATOS REDEVELOPMENT AGENCY GOVERNMENTAL FUNDS BALANCE. SHEET JUNE 30,2008 ASSETS Cash and investments available for operations Restricted cash and investments Accounts receivable TOTAL ASSETS LIABILITIES Accounts payable Deferred revenue Advances from Town of Los Gatos General Fund Passthrough obligations TOTAL LIABILITIES FUND BALANCES Reserved for Debt service Redevelopment projects Low and moderate income housing Unreserved, designated for: Debt servi cc TOTAL FUND BALANCES TOTAL LIABILIT 1F,S & FUND BALANCES DEBT SERVICE CAP ITAL PROJECT FUNDS FUNDS Total Housing Certificates of Government Redevelopment Set-Aside Participation Funds $ 2,090,100 $ 6,926,752 $ 10,439,830 $ 19,456,682 950,427 - 544,489 1,494,916 - 462,950 63,316 526,266 $ 32040,527 $ 7,389,702 $ 11,047,635 $ 21,477,864 $ 42,751 $ 6,081 $ 246,068 $ 294,900 - 185,121 - 185,121 - - 1,500,000 1,500,000 - 3,210,934 3,210,934 42,751 191202 4,957,002 5,190,955 - - 544,489 544,489 2,997,776 - - 2,997,776 - 7,198,500 - 7,198,500 - - 5,546,144 5,546,144 2,997,776 7,198,500 6,090,633 16,286,909 $ 3,040,527 $ 7,389,702 $ 11,047,635 $ 21,477,864 See accompanying notes to financial statements 12 TOWN OF LOS GATOS REDEVELOPMENT AGENCY RECONCILIATION OF THE BALANCE SHEET TO THE STATEMENT OF NET ASSETS JUNE 30, 2008 Fund Balances - Governmental Funds $ 16,286,909 Amounts reported for governmental activities in the Statement of Net Assets are different from those reported in the Governmental Funds because of the Capital assets (net) used in governmental activities are not current assets or financial resources and therefore, are not reported in the Governmental Funds Balance Sheet. Capital assets Accumulated depreciation $ 4,067,708 (1,423,698) 2,644,010 Interest payable on long-term debt does not require the use of current financial resources and, therefore, are not reported in the Governmental Funds Balance Sheet. Long-term liabilities, including bonds payable, are not due and payable in the current period and, therefore, are not reported in the Governmental Funds Balance Sheet Certificates of participation Net Assets of Governmental Activities See accompanying notes to financial statements (201,042) (10,500,000) $ 8,229,877 U TOWN OF LOS GATOS REDEVELOPMENT AGENCY STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2008 DEBT SERVICE CAPITAL PROJECT FUNDS FUNDS REVENUES Tax allocation increment lntelust income Total Revenues EXPENDITURES Community Development Capital Outlay Passthrough payment Debt service: Principal payments Interest and fiscal charges Total Expenditures Excess (Deficiency) of Revenues over Expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers out Total Other Financing Sources (Uses) Net Changes in Fund Balances Beginning find balances End ing fund balances Total Housing Certificates of Government Redevelopment Set-Aside Participation Funds $ $ - $ 8,072,176 $ 8,072,176 138,569 312,963 446,436 897,968 138,569 312,963 8,51.8,612 8,970,144 603,811 1,285,877 77,894 1,967,582 1,403,903 - - 1,403,903 3,210,934 3,210,934 - - 430,000 430,000 - - 851,765 851,765 2,007,714 1,285,877 4,570,593 7,864,184 (1,869,145) (972,914) 3,948,019 1,105,960 550,000 1,614,435 - 2,164,435 - - (2,164,435) (2,164,435) 550,000 1,614,435 (2,164,435) - (1,319,145) 641,521 1,783,584 1,105,960 4,316,921 6,556,979 4,307,049 15,180,949 $ 2,997,776 $ 7,198,500 $ 6,090,633 $ 16,286,909 See accompanying notes to financial statements 14 TOWN OF LOS GATOS REDEVELOPMENT AGENCY RECONCILIATION OF THE STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCES TO THE STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED JUNE 30, 2008 The schedule below reconciles the Net Changes in Fund Balances reported on the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances, which measures only changes in current assets and current liabilities on the modified accrual basis, with the Change in Net Assets of Govermnental Activities reported in the Statement of Activities, which is reported on tine full accrual basis. Net Changes in Fund Balances - Total Governmental Funds $ 1,105,960 Amounts reported for governmental activities in the Statement of Activities are different from those reported in the Statement of Revenues, Expenditures, and Changes in Fund Balances because of the following: Governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of those assets is capitalized and allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation in the current period. Depreciation expense is deducted from the fund balance (101,693) Transfer of capital asset from the Agency to the Town are reported in the Statement of Activities, however, they have no impact on the Statement of Revenues, Expenditures, and Changes in Fund Balances. (3,580,921) The issuance of long-term debt provides current financial resources to governmental funds, while the repayment of the principal of long-term debt consumes the current financial resources of governmental funds. This amount is the net effect of these differences in the treatment of long-term debt. Repayment of debt principle is added back to fund balance 430,000 The amounts below included in the Statement of Activities do not provide (or require the use of) current financial resources and therefore are not reported as revenue or expenditures in govennmental funds (net change): Interest payable 12,798 Government Wide Changes in Net Assets $ (2,133,856) Sec accompanying notes to financial statements 15 Notes to Financial Statements TOWN OF LOS GATOS REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS 1. DESCRIPTION OF THE AGENCY AND REDEVELOPMENT PROJECTS The Town of Los Gatos Redevelopment Agency (the "Agency") is a public body established and authorized to transact business under the provisions of the Community Redevelopment Law of the State of California, including the power to issue bonds for any of its corporate purposes. Its purposes are to stimulate and attract private investment and eliminate physical, social, and/or economic blight. The Redevelopment plan was established as a result of the Loma Prieta Earthquake in 1989 and the need to rebuild existing infrastructure. The Redevelopment Agency area encompasses approximately 440 acres in and around Downtown Los Gatos, which includes retail and residential areas, lodging, schools, and main traffic thoroughfares. Projects such as street and utility reconstruction, parking, streetscape and civic improvements were called out in the Plan. As part of the Redevelopment Plan, the Agency entered into agreements with various taxing authorities, which required the Agency to pass through portions of incremental property taxes to each taxing authorities. Expenditures for these pass-through agreements amounted to $3,210,934 for the year ended June 30, 2008. As the Town is financially accountable for the Agency, the Agency is considered a component unit of the Town. As such, the Agency is reported as part of the Town in the basic financial statements of the 't'own. 2. SIGNIFICANT ACCOUNTING POLICIES Basis our Presentation The Agency's Basic Component Unit Financial Statements are prepared in conformity with accounting principles generally accepted in the United States of America. The Government Accounting Standard Board (GASB) is the acknowledged standard setting body for establishing accounting and financial reporting standards followed by governmental entities in the U.S.A. GASB requires that the financial statements described below be presented. Government-wicle, Statements - The Statement of Net Assets and the Statement of Activities include the financial activities of the overall Agency. Eliminations have been made to minimize the effect of interfund of activities. Governmental activities are generally financed through taxes, intergovernmental revenues, and other nonexchange transactions. The Statement of Activities presents a comparison between direct expenses and program revenues for each Rinction of the Agency's activities. Direct expenses are those that are specifically associated with a program or function and, therefore, are clearly identifiable to a particular function. Program revenues include (a) charges paid by the recipients of goods 16 TOWN OF LOS GATOS REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS or services offered by the programs, (b) grants and contributions that are restricted to meeting the operational needs of a particular program and (c) fees, grants and contributions that are restricted to financing the acquisition or construction of capital assets. Revenues that are not classified as program revenues, including all taxes, are presented as general revenues. Fund Financial Statements - The fiend financial statements provide information about the Agency's fiends. The emphasis of fund financial statements is on major individual governmental fiends, each of which is displayed in a separate column. All remaining governmental fiends are aggregated and reported as nonmajor funds. Major Funds GASB Statement 34 defines major funds and requires the Agency's major governmental funds to be identified and presented separately in the fund financial statements. All other funds, called nonmajor funds, are combined, and reported in a single column, regardless of their fund-type. Major fiends are defined as finds that have assets, liabilities, revenues or expenditures/expenses equal to ten percent of their fund-type total and five percent of the grand total. The General Fund is always a major fund, The Agency may also select other funds it believes should be presented as major fiends. The Agency reported the following major governmental fiends in the accompanying financial statements: Redevelopment Fund - This Aind is used to account for financial resources used for the acquisition or construction of major capital facilities. Housing Set Aside Fund- This fund is used to account for twenty percent housing set aside from the tax increment proceeds. Certificates of Participation P' ind -This fund is used to account for the accumulation of financial resources and the payment of general long-term obligation principal, interest, and related costs. Basis of Accountin The government-wide financial statements are reported using the economic resources ineasurernent focus and the Rill accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred, regardless of when the related cash flows take place. Governmental fiends are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized 17 TOWN OF LOS GATOS REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS when measurable and available. The Agency considers all revenues reported in the governmental funds to be available if the revenues are collected within sixty days after year-end. Expenditures are recorded when the related fund liability is incurred, except for principal and interest on general long-term debt, which is recognized upon becoming due and payable; and except for claims, judgments and compensated absences, which are recognized when estimable and probable. Governmental capital asset acquisitions are reported as expenditures in governmental fiends. Proceeds of governmental long-term debt and acquisitions under capital leases are reported as other financing sources. Non-exchange transactions, in which the Agency gives or receives value without directly, receiving or giving equal value in exchange, include taxes, grants, entitlements, and donations. On the accrual basis, revenue from taxes is recognized in the fiscal year for which the taxes are levied or assessed. Revenue from grants, entitlements, and donations is recognized in the fiscal year in which all eligibility requirements have been satisfied. Other revenues susceptible to accrual include other taxes, intergovernmental revenue, interest, and charges for services. The Agency may find programs with a combination of cost-reimbursement grants, categorical block grants, and general revenues. Thus, both restricted and unrestricted net assets may be available to finance program expenditures. The Agency's policy is to first apply restricted grant resources to such programs followed by general revenues as necessary. Cash and Investments The Agency's cash and cash equivalents are considered to be cash on hand, demand deposits, and short-term investments if they are liquid. The Town's investment policy and California Government Code permit investments in obligations of U.S. Treasury and its agencies, commercial paper, banker's acceptances, repurchase agreements, certificates of deposit, medium term notes, passbook savings account demand deposits, nnitual funds and the State of California Local Agency Investment Fund. Investments for the Agency are reported at fair value. The value is determined based upon market closing prices. Interfund Receivables and Payable Balances representing lending/borrowing transactions between funds outstanding at the end of the fiscal year are reported as either "due to/duc fi•orn other funds" (amounts due within one year), "advances to/from other funds" (non-current portions of interfund lending/borrowing transactions), or "loans to/fi-om other funds" (long-term lending/borrowing transactions as evidenced by loan agreements). Advances and loans to other funds are offset by a fund balance reserve in applicable Governmental Funds to 18 TOWN OF LOS GATOS REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS indicate they are not available for appropriation, and are not expendable available financial resources. Lontl-Term OblilZations In the government-wide financial statements long-terns debt and other long-term obligations are reported as liabilities in the Statement of Net Assets. Tax Increment The Agency has no direct taxing power and does not have the power to pledge the general credit or taxing power of the Town, the State of California or any political subdivision thereof However, California's Health and Safety Code allows redevelopment agencies with appropriate approvals of the local legislative bodies to recover costs of financing public improvements from increased tax revenues (tax increment) associated with increased property values of individual project areas. Property tax increment is recorded as revenue when it becomes both measurable and available to finance expenditures. Property Held for Resale Property held for resale is acquired as part of the Agency's redevelopment program. All of these properties are residential. Costs of developing and administering Agency projects are charged to capital outlay expenditures as incurred. The Agency does not maintain cost records by parcel, as there is no relationship between costs incurred and the final disposition value, which is significantly affected by various use restrictions. For financial statement presentation, this property is stated at the lower of estimated cost or net realizable value. Budp,ets and BudLyetarv Accountinu Prior to June 1, the Town Manager submits to the Town Council a proposed operating budget for the upcoming fiscal year. The proposed budget includes a summary of proposed expenditures and forecasted revenues of the Agency's governmental fiends. The Town Council adopts the budget by June 30 through passage of an adopting ordinance. All appropriated amounts, as originally adopted or as amended by the City Council, lapse at year-end or are subject to reappropriation in the following fiscal year. The budget is adopted on a cash basis, which is not consistent with generally accepted accounting principles. The actual results of operations are presented in the combined statement of revenues and expenditures - budget and actual in accordance with the budget basis to provide a meaningful comparison of actual results to the budget. 19 TOWN OF LOS GATOS REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS Expenditures over Appropriation For the current fiscal year, actual expenditures exceeded budgeted amounts are as follows: Fund Expenditure Category Excess Expenditure Explanation Housing Set-Aside Community $ 809,457 The additional Fund development expenditures amount had been approved by the Council but no amended budget was proposed. Certificates of Community $ 470,279 Under budgeted pass Participation Fund development, Pass through payments due to through payment, and increment in pass interest and fiscal through receipts. charges Under budgeted interest payment due to interest expenses being budgeted on cash basis. Use of Estimates The Agency's management has made certain estimates and assumptions relating to the reporting of assets and liabilities and the disclosure of contingent assets and liabilities to prepare these financial statements in conformity with generally accepted accounting principles. Actual results could differ from those estimates. 3. CASH AND INVESTMENTS Cash The Agency holds its cash in the Town of Los Gatos (the "Town"). The Town maintains a cash and investment pool and allocates interest to the various funds based upon the average quarterly cash balances. Information regarding credit risk and collateral requirements, as applicable, can be found in the Town's financial statements. 20 TOWN OF LOS GATOS REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS During the year, the Town determined that the infrastructure assets reported by the Agency will be owned and maintained solely by the Town. Accordingly, the Agency has transferred infrastructure assets in the amount of $3,580,921, net accumulated depreciation of $757,775, to the Town. The total transfer of $4,984,824 includes current year capital outlay reported in the Agency's redevelopment Rind. Depreciation expense was $101,693 for the fiscal year ended June 30, 2008. 5. INTERFUND TRANSACTIONS Advances from the Town - The Town advanced $1,500,000 to the Agency to partially fiend operations. The advance bears interest at 10% and is repayable on demand, provided that sufficient tax increment funds are available. For the fiscal year ended June 30, 2008, the Agency paid the Town $150,000 in interest on the advance. 6. LONG-TERM OBLIGATIONS 1992 Certificates of Participation COPS The Town issued Certificates of Participation (COPS) in the original principal amount of $2,960,000 dated August 1, 1992. The Town's Motor Vehicle License Fee Revenues were pledged as security for the COPs, and the guarantee was registered with the State Controllers Office. The COPS were issued to finance certain construction costs of the Town's Parking Lot 4 Project, which was constructed on land located in the Los Gatos Central Redevelopment Project Area. The COPS are similar to bond debt, and they allow investors to participate in a share of guaranteed payments. Because they are similar to debt, the present value of the total of the payments to be made is recorded as long-term debt. Principal payments are due annually on August 1, which interest payments payable semi-annually on February 1 and August 1. To assist the Town in paying the cost of acquisition and construction of the Parking Lot 4 Project, the Town and its Redevelopment Agency entered into a Reimbursement Agreement. Under this agreement, the Agency will use available net tax increment revenues resulting from the Project's effect on land values to repay the Town for all lease payments made by the `town to the Agency under the lease agreement for the Project. Net tax increment revenues are all taxes allocated to and paid into the Redevelopment Agency Capital Projects Fund for the Project Area. Reimbursements under this agreement commenced in fiscal 1995-1996. Accordingly, the COPS have been recorded in the Agency's General Long-Terre Debt Account Group. In addition, the Parking Lot 4 Project, which was constructed with proceeds of the COPS, has been included in the Agency's financial statements. For the fiscal year ended June 30, 2008, lease income and reimbursements in the amount of $930,717 offsets in the Certificates of Participation Fund and is eliminated from the Government-Wide Statement of Activities. 22 TOWN OF LOS GATOS REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS Investments The Agency voluntarily participates in LAIF, regulated under Section 16429 of the State Government Code. LAIF allows local governments such as the Agency to participate in a Pooled Money Investment Account managed by the State Treasurer Office and overseen by the Pooled Money Investment Board and State Treasurer investment committee. A Local Agency Investment Advisory Board oversees LAIF. The fair value of the Agency's position in the pool is the same as the value of its pool shares. The total amount invested by all public agencies in LAIF, as of June 30, 2008, was approximately $70 billion. Of that amount, 85.3% is invested in non-derivative financial products and 14.7% in structured notes and asset- backed securities. The average maturity for the investment in LAIF is 212 days. As of June 30, 2008, the Agency's investment in LAIF was $262,918, Information regarding investment risks related to credit risk, concentration of credit risk and interest rate risk can be found in the Town's financial statements. Under GASB 31, the Agency must adjust the carrying value of its investments to reflect their fair value at each fiscal year end, and it must include the effects of these adjustments in income for that fiscal year. 4. CAPITAL ASSETS The following is a summary of the Agency's capital assets: Buildings Infrastructure: Parking Lots Alleys Streets Total capital asset Less accumulated depreciation: Buildings Parking Lots Alleys Streets Total accumulated depreciation Total net capital assets Balance at Deletion 1 Balance at June 30. 2007 Additions Transfer June 30. 2008 $ 4,092,474 $ - $ 24,766 $ 4,067,708 660,392 - 660,392 400,272 - 400,272 - 3,253,266 - 3,253,266 8,406,404 4,338,696 4,067,708 1,322,005 101,693 - 1,423,698 5,196 - 5,196 - 19,085 1.9,085 - 733,494 - 733,494 - 2,079,780 101,693 757,775 1,423,698 $ 6,326,624 $ (101,693) $ 3,580,921 $ 2,644,010 21 TOWN OF LOS GATOS REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS The California Government Code requires these fields to be invested in accordance with Town ordinance, bond indentures, or State statues. All these finds have been invested as permitted under the Code. 7, NET ASSETS AND FUND BALANCES Net Assets are the excess of all the Agency's assets over all its liabilities, regardless of fund. Net Assets are divided into three captions under GASB Statement 34. These captions apply only to Net Assets, which is determined at the Government-wide level, and are described below: Invested in Capital Assets, net of related debt describes the portion of Net Assets which is represented by the current net book value of the Agency's capital assets, less the outstanding balance of any debt issued to finance these assets. Restricted describes the portion of Net Assets which are restricted as to use by the terms and conditions of agreements with outside parties, governmental regulations, laws, or other restrictions which the Agency cannot unilaterally alter. These principally include debt service requirements, and redevelopment finds restricted to low and moderate income purposes. Unrestricted describes the portion of Net Assets which is not restricted to use. Reservations of Fund Balances - Fund balance consists of reserved and unreserved amounts. Reserved fund balance represents that portion of Rind balance that has been appropriated for expenditure or is legally segregated for a specific future use. As of June 30, 2008, portions of Rind balance had been reserved because of the following: Capital Outlay and Redevelopment Projects reserves are funded from storm drain foes, construction taxes and debt proceeds that are legally restricted for major capital projects. Debt Service reserves reflect the cash balances in the debt service Hinds that are restricted for debt service payments. Loy and Moderate Income Dousing reserves reflect the cash balances restricted for low and moderate housing activities. 24 Supplementary Information TOWN OF LOS GATOS REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS 2002 Certificates of Participation (COPS) The 2002 Certificates of Participation financing parallels the 1992 issue. On August 1, 2002, the Town and the Los Gatos Redevelopment Agency issued $10,725,000 in 2002 Certificates of Participation to finance infrastructure improvements in the downtown redevelopment area. The Town has pledged lease payments of real property and facilities comprised of the Parks and Public Works Service Center and Baseball Field, as well as Parking Lot No. 1, 2, and 3, as collateral for the repayment of the Certificates. The COP principal payments are due annually on August 1, with interest payments payable semi-annually on February 1 and August 1. A summary of general long-term obligations account group transactions for the year ended June 30, 2008 follows: Original Balance Balance Issuc June, 30 June, 30 Current Amount 2007 Additions Retirements 2008 Portion 1992 Certificates ofParticipalion, 5-9°/q due 8/1/2012 $ 2,960,000 $ 1,085,000 $ $ 195,000 $ 890,000 $ 205,000 2002 Certificates of Participation, Series A, 2.5-5%, due 811/2031 10,725,000 9,845,000 235,000 $ 9,610,000 240,000 Total Long-Tenn Debt $ 13,685,000 $ 10,930,000 $ - $ 430,000 $ 10,500,000 $ 445,000 Future debt service requirements for general long-term debt with stated maturities are as follows at June 30,2008: For the Year Governmental Activities Ending June 30, 2008 Principal Interest 2009 $ 445,000 $ 479,137 2010 465,000 460,975 2011 485,000 441,325 2012 505,000 420,276 2013-2017 1,485,000 1,902,929 2018-2022 1,835,000 1,539,706 2023-2027 2,320,000 1,040,163 2028-2032 2,960,000 384,250 Total $ 10,500,000 $ 6,668,761 The Agency must maintain required amount of cash and investments with the trustee under the terms of the COPS issue. These fluids are pledged as reserves to be used if the Town fails to meet its obligations under the COPs issue. These reserves totaled $944,342 at June 30, 2008. 23 TOWN OF LOS GATOS REDEVELOPMENT AGENCY SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL (GAAP) REDEVELOPMENT FUND CAPITAL PROJECTS FUND FOR THE FISCAL YEAR ENDED JUNE 30, 2008 Variance Favorable Budget Actual (Unfavorable) REVENUES Interests $ 50,000 $ 138,569 $ 88,569 Total Revenues 50,000 138,569 88,569 EXPENDITURES Current: Community development 661,480 603,811 57,669 Capital outlay 1,409,405 1,403,903 5,502 Total Expenditures 2,070,885 2,007,714 63,171 Excess (Deficiency) of Revenues Over Expenditures (2,020,885) (1,869,145) 151,740 OTHER FINANCING SOURCES (USES) Trwisfers in 550,000 550,000 - Total Other Financing Sources (Uses) Net Change in Fund Balance Fund Balance - Beginning 550,000 550,000 - $ (1,470,885) (1,319,145) $ 151,740 4,316,921 Fund Baiance - Ending $ 2,997,776 25 TOWN OF LOS GATOS REDEVELOPMENT AGENCY SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL (GAAP) HOUSING SET ASIDE FUND FOR THE FISCAL YEAR ENDED TUNE 30, 2.008 Variance Favorable Budget Actual (Unfavorable) REVENUES Interest 200,000 312,963 112,963 Total Revenues 200,000 312,963 112,963 EXPENDITURES Current: Community development 476,420 1,285,877 (809,457) Total Expenditures 476,420 1,285,877 (809,457 Excess (Deficiency) of Revenues Over Expenditures (276,420) (972,914) (696,494) OTHER FINANCING SOURCES (USES) Transfers in Total Other Financing Sources (Uses) Net Change in Fund Balance Fund Balance - Beginning Fund Balance - Ending 1,476,800 1,614,435 137,635 1,476,800 1,614,435 137,635 $ 1,200,380 641,521 $ (558,859) 6,556,979 $ 7,198,500 26 TOWN OF LOS GATOS REDEVELOPMENT AGENCY SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL (GAAP) CERTIFICATES OF PARTICIPATION FUND FOR THE FISCAL YEAR ENDED JUNE 30, 2008 REVENUES Prop city Tax Interest Total Revenues EXPENDITURES Community development Pass thro ugh payment Debt service: Variance Favorable Budget Actual (Unfavorable) $ 7,384,010 $ 8,072,176 $ 688,166 309,000 446,436 137,436 7,693,010 8,518,612 825,602 72,200 77,894 (5,694) 2,941,640 3,210,934 (269,294) Principal 430,000 430,000 - Interest and fiscal charges 650,780 851,765 (200,985) Total Expendituirs 4,094,620 4,570,593 (470,279) Excess (Deficiency) of Revenues Over Expenditures 3,598,390 3,948,019 355,323 OTHER FINANCING SOURCES (USES) Transfers out 2,026,800 (2,164,435) (137,635) Total Other Financing Sources (Uses) Net Change in Fund Balance Fund Balance - Beginning Fund Balance - Ending (2,026,800) (2,164,435) (137,635) $ 1,571,590 1,783,584 $ 217,688 4,3 07,049 $ 6,090,633 27 Other Independent Auditor's Reports W C. G. UHLENBERG LLP CERTIFIED PUBLIC ACCOUNTANTS 8r CONSULTANTS PEGGY H. CHEN, C.P.A. JEFFREY J. IRA, C.P.A. KATHERINE CHAO. C.P.A. JULIE T. LIN, C.P.A. REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNBIENT A UDITING STANDARDS Members of the Board of the Town of Los Gatos Redevelopment Agency Los Gatos, California We have audited the basic financial statements of the Town of Los Gatos Redevelopment Agency ("the Agency") as of and for the year-end June 30, 2008, and have issued our report thereon dated November 28, 2008. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered the Agency's internal control over financial reporting as a basis for designing out auditing procedures for the purpose of expressing our opinion on the basic financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Agency's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Agency's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the Agency's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the Agency's financial statements that is more than inconsequential will not be prevented or detected by the Agency's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the Agency's internal control. Our consideration of the internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above, 333 Twin Dolphin Drive, Suite 230 • Redwood City, CA 94065 • Phone (650) 802-8668 • Fax (650) 802-0866 4117 Clipper Court , Fremont, CA 94538 • Phone (510) 770-8680 • Fax (510) 770-8685 1230 Minas Way, Suite 250 • Sunnyvale, CA 94085 • Phone (408) 331-6242 • Fax (408) 331-6243 E-Mail - infoftucpa.com • www.cgucpa.com Compliance and Other Matters As part of obtaining reasonable assurance about whether the Agency's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance or other matters that are required to be reported under Government Auditing Standards and which are described in the accompanying schedule of findings and questioned costs as items 08-01. The Agency's response to the findings identified in our audit is described in the accompanying schedule of findings and questioned costs. We did not audit Agency's response and, accordingly, we express no opinion on it This report is intended solely for the information and use of the Mayor, members of the Agency board members, and the State Controller's office, is not intended to be, and should not be used by anyone other than these specified parties. December 5, 2008 Redwood City, California 29 FINDINGS AND RECOMMENDATIONS TOWN OF LOS GATOS REDEVELOPMENT AGENCY SUMMARY OF COMPLIANCE FINDINGS YEAR ENDED JUNE 30, 2008 08-01 Pursuant to Health and Safety Code Section 33334.12(g), "excess surplus" means any unexpended and unencumbered amount in an agency's Low and Moderate Income Housing Fund that exceeds the greater of, one million dollars ($1,000,000), or the aggregate amount of tax increment deposited into the Low and Moderate Income Housing Fund during the agency's preceding four fiscal years (pursuant to Sections 33334.2 and 33334.6). It was determined that the Los Gatos Redevelopment Agency retained an excess surplus of approximately $1,795,145 for the fiscal year ended June 30, 2008, based on the aggregate amount of tax increment deposited in the Low and Moderate Income Housing Fund. Recommendation: Pursuant to Health and Safety Code Section 33334.12(a)(1)(B), we recommend that the Los Gatos Redevelopment Agency encumbers or expends the excess surplus. The funds should be encumbered to carry out activities consistent with a redevelopment agency as defined in Health and Safety Code Sections 33334.2 and 33334.3. Client's response: The agency is in the process of carrying out activities to encumber the funds. 30 TOWN OF LOS GATOS REDEVELOPMENT AGENCY SUMMARY OF PRIOR YEAR COMPLIANCE FINDINGS YEAR ENDED JUNE 30, 2007 07-01 Pursuant to Health and Safety Code Section 33334.12(g), "excess surplus" means any unexpended and unencumbered amount in an agency's Low and Moderate Income Housing Fund that exceeds the greater of. one million dollars ($1,000,000), or the aggregate amount of tax increment deposited into the Low and Moderate Income Housing Fund during the agency's preceding four fiscal years (pursuant to Sections 33334.2 and 33334.6). It was determined that the Los Gatos Redevelopment Agency retained an excess surplus of approximately $1,037,474 for the fiscal year ended June 30, 2007, based on the aggregate amount of tax increment deposited in the Low and Moderate Income Housing Fund. Recommendation; Pursuant to Health and Safety Code Section 33334.12(a)(1)(B), we recommend that the Los Gatos Redevelopment Agency encumber the excess surplus within two years. The funds should be encumbered to carry out activities consistent with a redevelopment agency as defined in Health and Safety Code Sections 33334.2 and 33334.3. Current Status; The agency is still in the process of carrying out activities to encumber the fluids, see current year findings 08-01. 31 C y m i o LPl d M C E C1 ~ =5 0 y+ I Y U Z i 69 -0-0 (D i+ C C Q7 .O 6y I C E ~ 7 y U ~ O O E ro co * m cn I h I 6F} fn tlf co U =S o O C 1 C U ' LLI m O C ~ O i y} U N U- N i _0 N= a N I C c m J in co E --..y Q I 0 N d u= m L ! _ m L c LL v w v m M (FO m O rn Q R~ Q ~ o CD 7 m ro C u' m tin ~a 0 0) a Q y rn = t e o 0 0 O o tLC y C a LL L O m > U O U o C m N y 70 ~ ) M N 7 16 C3 L'? In C U O Z N G y m a ~ r- E U i sQ a i` 41 9 c U En j co 7 w w oo 0 L ' Gi ~ X 00 N .H O CO L M LU I r iN 7 to j( O In C SO V m Io 'co y Z y.. N a ~ O rn a>i Q Q ~ m cNri 2 U7 s 95 m U N 6 m U M C J . L CD L) Ci o w d N ~ LO T tm N N r - 'M L1 CL N t b4 ro U N m m rn E '-E a m ~ v co r- (3) L a . S C C c :N y w p' un m d a am ( x ER lu N j O N a N r O i37 N 0. EXHIBIT B California Redevelopment Agencies - Fiscal Year 200712008 Status of Low and Moderate Income Housing Funds Sch C Agency Financial and Program Detail LOS GATOS Beginning Balance $6,556,978 Adjustment to Beginning Balance $0 Adjusted Beginning Balance $6,556,978 Total Tax Increment From PAW $1,614,435 Total Receipts from PA(s) $1,927,398 Other Revenues not reported on Schedule A $0 Sum of Beginning Balance and Revenues $8,484,376 Expenditure Item Subitem Amount Remark i Planning and Administration Costs Administration Costs $353,176 Subtotal of Planning and Administration Costs $353,176 Subsidies from the LMIHF Other $932,700 Need to input Subtotal of Subsidies from the LMIHF $932,700 Total Expenditures $1,285,876 Net Resources Available $7,198,500 Indebtedness For Setasides Deferred $0 Other Housing Fund Assets Category Amount Remark Total Other Housing Fund Assets Total Fund Equity $7,198,500 200312004 $1008739 200412005 $1163323 sum of 4 Previous Years' Prior Year Ending Excess Surplus for 200512006 $1073315 Tax Increment for 200712008 Unencumbered Balance 200712008 2906/2007 $1516456 $4761833 $6,556,978 $1,795,145 Sum of Current and 3 Previous Years' Tax Increments $5,367,529 Page 1 of 2 12102108 California Redevelopment Agencies - Fiscal Year 2007/2008 Status of Low and Moderate Income Housing Funds Sch C Agency Financial and Program Detail LOS GATOS Adjusted Balance Excess Surplus for next year Net Resources Available Unencumbered Designated Unencumbered Undesignated Total Encumbrances Unencumbered Balance Unencumbered Balance Adjusted for Debt Proceeds Unencumbered Balance Adjusted for Land Sales Excess Surplus Expenditure Plan Excess Surplus Plan Adoption Date Site Improvement Activities Benefiting Households Income Level Low Very Law Land Held for Future Development Site Name Num Of Zoning Purchase Estimated Acres Date Start Date Use of the Housing Fund to Assist Mortgagors Income Adjustment Factors Requirements Completed Home Hope Non Housing Redevelopment , Funds Usage Resource Needs LMIHF Dep ositstWith drawls Document Document Name Date Achievements Description Page 2 of 2 Remark Custodian Custodian COPY Name Phone Source 12!02108 $7,198,500 $5,830,971 $7,198,500 $0 $7,198,500 $0 $7,198,500 $0 $0 No Moderate Total y C 7 LL 00 rn O c O 'N N ~ O O = N G1 0) v m u N {q i' L -6 E m o E V ~ 3 O r C -0 (n M R w o N C o Q O 61J 0-A E o rx W o O m ~ S i6 C •c O L U O O ~a U V v O Ll. C O co 61 ~ M rn N o o r CL M to d4 01 v E M ~ p fD O C N N I T Y M iry w G G CD E b CD V~ SR R of ' L1' ❑ c x M o a, ca 0 ° 0 O 0 L) C L O Q L N i N EC) U NF N O C 1 Y I i I c ; R m . a ° y Ed . Mr Q_ to w ~ C 3 CL o E ° o v+ E m Q uj C Em LO v Y • U U C O 1 r ~D x Q 4g t- LO Lr) 4t M M Y Q E ~ ~ V7 T o c 6% x ~ ca N O O O m 00 W, o G t'+ CS N O F- a ~ y W fj) l~ w 03 n J O H Q Q U A U of W U O z 0 . 00) W W m a U IL Q m O Z 0 N d Y O r 01 07 C5 CL California Redevelopment Agencies- Fiscal Year 2007/2008 Project Area Contributions to Low and Moderate Income Housing Fund Sch A Project Area Financial Information Agency LOS GATOS Address 110 E. Main Street PO Box 949 Los Gatos CA 95031 Project Area CENTRAL LAS GATOS PROJECT Type; Inside Project Area Status: Active Plan Adoption: 1991 Plan Expiration Year: 2031 Gross Tax Calculated Amount Amount Amount Total % Cumulative Increment Deposit Allocated Exempted Deferred Deposited def. $8,072,176 $1,614,435 $1,614,435 $0 $0 $1,614,435 20.00% $0 Repayment $0 Category E Interest Income Total Additional Revenue Total Housing Fund Deposits for Project Area Agency Totals For All Project Areas: Gross Tax Calculated Amount Amount Amount Increment Deposit Allocated Exempted Deferred $8,072,176 $1,614,435.2 $1,614,435 $0 $0 Total Additional Revenue from Project Areas: Total Deferral Repayments: Total Deposit to Housing Fund from Project Areas; $312,963 $312,963 $1,927,398 Total % Cumulative Deposited Def. $1,614,435 20% $0 $312,963 $0 $1,927,398 Page 1 of 1 12I02I08 N ~ J,.. yr, 'N ca F- ~ o ~ .U E 16 : O a- 0 cv . ~ d C 0 N E z N LL Gf E m z N J 2 m n T u m rn a N co O co N Cl) 00 00 OD 19 19 L Lo m m m m I W m O Cl zs s I IILQ L-s a~ c m N P O 'i ,U U 0 u m m 0 U o V N -L U- cn I i m F_.1 ~ ' d 1 I O I. 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C. o 0 o Y d a to ro~ F" ~~jF cc. aaU'E: 00 o 13- is U QmU(aWw STATEMENT OF INDEBTEDNESS-FISCAL YEAR INDEBTEDNESS ONLY FORM B FILED FOR THE 2008-09 TAX YEAR (Optional) TOWN OF LOS GATOS REDEVELOPMENT AGENCY CENTRAL PROJECT AREA For Indebtedness entered into post June 30, 2007 Purpose of Indebtedness: N 0 b4 W z p W Qa W L1 z ti W C~ V F7 fxl W d H z 0 d a O V W O O N O M C O 0 N U W o d f"rt z W Q e O ~ U W ~ ~ o a~ a O d UV ON va O n P04 . N 7. F, T O W U N p n v O+ 'n In p `n n ,n N o N N 0 li. C R ~ 'n n .D a n N 'b - ~ .!7 o 1 oo ao rn n o ~ m +n ~n O - gyp T N O (b Y ran Vr P V W dQ' VMl ~n _ U U rn - +n o i rn = o r- ~ ra n - a o w w c _1 r r N cf M r~ N o O ~ oO r o0 U p N U ~ R CC~ i U 7, X C 't7 c ~ ~ c ti ~ - R O O ~ N '6 t~ Q w d iC h O y b Oy C O+ V ~ oNb cn r O onb U n. 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N (O M o C [V) V W C Ln r- o O 0 e m 'e Q r o l2 0 o <E <r r- (ri o co W s W U o co Lr 'D (D ti U) r Lfl m r cc r ~n N r r m M ~o m Eo m ~ m * a Q C ~y m c - o LO 0 co 0 Ln lo Ln o r c V ~ N [O C O V 11 LS M O CD (M OI A E~1 ' nom, Ln d d' V o LS'1 (o r (O V LO M O tl hr Q C Y. N LO L{) Lfi ~ N LP co F N N m rLj Lo o N r- N (6 (rj 7 41 Q ° N ~ L n co r) C V Y ~ W C ° s ~ P In Ln V O O M ~ M V W C P V vi ( d Ln [9 D ~ C r. N W ~ x W .C. C b cp o LQ N V o m o u] 0 o o o n V o Ln m N o o V m C M to O m V7 M Lo rn w m m vl N r L•i Ln L(J N O N M W r- - Q c M V Ln a b bu "G G c W Lro N _ m O C CD - c O a N m ? c 0 c 0 O d CL C U LL m m A o a o o u 1H e ~e m c A. o ~ o o 5 ¢ 3 3 0 0 ~ C a7 U O J U J N O r U c O O 0 U v w IL m > c C w C w 'C N U C o < ;j al U N U m ~ 3 U, U 0 0 G 0 0 L ~ o o N N y' d W L - ~ Y -i C m N Lll m m m al m m p • e j s. C C 7A C ~S C J C J C J C J C J C J N N N N N - N N N N U Q a rL [i EL a- m a n- a N LL < O N C ro C of C w C m C a) C m C a) C ~ J J J J J J -1 J N N N N M i c 1 Q. a a_ CL I a a U W U c X m O 61 a U 0 Q m r N O m lN6 n v co U E U C U) N (U L N U m ~ N Q [t1 G ~ ~ o ~ N 0 T V N ~ c ~ p N a c O N O N O am m G T m E v V C ° X o ~a o C ~ o° Ln ar N 7 r» O CALCULATION OF AVAILABLE REVENUES TOWN OF LOS GATOS REDEVELOPMENT AGENCY CENTRAL PROJECT AREA TAX YEAR 2008-09 RECONCILIATION DATES: July 1, 2007 to June 30, 2008 1. Beginning Balance, Available Revenues $ 11,533,539 2. Tax Increment Received-Gross 8,716,836 All Tax Increment Revenues , to include any Tax Increment pass through to other local taxing agencies 3. All Other Available Revenues Received (2,726,370) 4. Revenues from any other source, included - in column E of the Reconciliation Statement, but not included in (1-3) above 5. Sum of lines 1 through 4 17,524,005 6. Total amounts paid against indebtedness in previous year. (D + E on Reconciliation Statement) 6,539,687 7. Available Revenues, End of Year (5-6) 10,984,318 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS, COVER PAGE, LINE 4 NOTES Tax Increment Revenues: The only amount(s) to be excluded as Tax Increment Revenue are any amounts pass through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set-aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefore omitted from Available Revenues at year end. Item 4 above: This represents any payments form any source other than Tax Increment OR available revenues. For instance, an agency funds a project with a bond issue. The previous SO[ included a Disposition and Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the "other" column (Col E), but with funds that were neither Tax Increment, nor "Available Revenues" as defined. The amounts used to satisfy this DDA would be included on line 4 above in order to accurately determine ending "Available Revenues".