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OB - Agenda - 10-08-12Public Comment from the Audience • If you wish to address the Oversight Board, please complete a Speaker Request Card, as it must be handed to the City Clerk before the start of the meeting. • The Board will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period. • Opportunity to address the Board (on non - agenda items) is limited to 3 minutes per speaker. • The Board will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. Brown Act Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The Board may direct staff to investigate and /or schedule certain matters for consideration at a future Board meeting. Rules of Decorum Persons attending the meeting shall observe rules of propriety, decorum, good conduct, and refrain from impertinent or slanderous remarks. Violation of this rule shall result in such persons being barred from further audience before the governing body. Pursuant to Gov. Code Sect. 54954.3(c), any person who engages in unlawful interference shall be removed from chambers. Americans with Disabilities Act In compliance with the ADA, if you need special assistance to participate in this meeting, please contact the City Clerk's office at least 48 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to the meeting or service. This agenda was posted 72 hours in advance of the meeting at the City Hall, 8838 E. Valley Boulevard, Rosemead; the L.A. County Library, Rosemead Branch, 8800 E. Valley Boulevard, Rosemead; and other locations pursuant to RMC Sec. 1.08.020. Any writings or documents provided to a majority of the Rosemead Oversight Board regarding any item on this agenda will be made available for public inspection in the City Clerk's office during normal business hours. Rosemead Oversight Board for the Successor Agency to the Rosemead Community Development Commission MEETING AGENDA October 8, 2012 '11'1 City Hall Council Chamber 8838 E. Valley Boulevard Rosemead, CA 91770 www.cityofrosemead.org Raul Alvarez, Vice Chair Jeff Allred, Board Member Marty Jones, Board Member Nicole Lash, Board Member Robert Miller, Board Member Irene Redondo - Churchward, Board Member Pat Wallach, Chair ROSEMEAD OVERSIGHT BOARD MEETING AGENDA October 8, 2012 Oversight Board Meeting Agenda CALL TO ORDER — 5:00 PM PLEDGE OF ALLEGIANCE — Board Member Redondo - Churchward ROLL CALL: Board Members —Allred, Alvarez, Jones, Lash, Miller, Redondo - Churchward, Wallach 1. PUBLIC COMMENTS FROM THE AUDIENCE The Oversight Board will receive public comments on matters not listed on the agenda. 2. CONSENT CALENDAR A. Minutes September 10, 2012 — Regular Meeting 3. MATTERS FROM STAFF OF THE ROSEMEAD SUCCESSOR AGENCY A. Chamber Loan Agreement The Board reviewed the Chamber's request to modify the terms of existing loan agreement at the September 10, 2012 meeting. At that meeting the Board expressed some concerns that Section 34162 of the Health and Safety Code may prohibit the Board from taking any action on this request and asked staff to further research the Code. After a thorough review and consultation with the City Attorney's office, staff believes that section 34162 is only applicable to the former Redevelopment Agency and does not apply to the Oversight Board. Section 34162 of the Health and Safety Code falls under Part 1.8, titled, "Restrictions on Redevelopment Agency Operations ", which was implemented to prohibit former redevelopment agencies from taking certain actions prior to dissolution. Health and Safety Code Section 34181 provides guidance and direction in regards to the authority to the Oversight Board. Subsection "e" provides the following authorization: (e) Determine whether any contracts, agreements, or other arrangements between the dissolved redevelopment agency and any private parties should be terminated or renegotiated to reduce liabilities and increase net revenues to the taxing entities, and present proposed termination or amendment agreements to the oversight board for its approval. The board may approve any amendments to or early termination of those agreements if it finds that amendments or early termination would be in the best interests of the taxing entities. Page 2 of 4 ROSEMEAD OVERSIGHT BOARD MEETING AGENDA October 8, 2012 Due to the severe financial hardship of the Rosemead Chamber of Commerce resulting from the loss of $38,000 per year in annual funding from the former redevelopment agency, staff believes that the Oversight Board should be permitted to renegotiate the terms of the loan as long as the principal is not forgiven and the overall term of the loan is not extended. Additional back -up regarding the loan may be found in the original staff report dated September 10, 2012. Recommendation: That the Oversight Board approve Resolution No. 2012 -0010, entitled: A RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION APPROVING REVISED TERMS FOR THE PROMISSORY NOTE WITH THE ROSEMEAD CHAMBER OF COMMERCE DATED SEPTEMBER 14, 2070 B. Housing Due Diligence Report Under AB 1484, the Successor Agency was required to complete a due diligence review of the former Low and Moderate Income Housing Fund. At the last Oversight Board meeting the Board authorized staff to enter into an agreement with Vavrinek, Trine, Day & Co., LLP to conduct the review and work to complete the report by the October 1, 2012, deadline. The review was completed on October 1, 2012 and the report was sent to the various governmental agencies as required by the legislation. Prior to the Board formally accepting and approving the review, the Board is required to hold a public comment session at least five (5) working days prior to the approval. As such, the Board will need to set a date for a special meeting to consider the approval of the report on or after October 17, 2012. The Board may recall that the due date for the approval of the report is October 15, 2012; however, staff has been informed by the Department of Finance (DOF) that there are no penalties for late submissions and the DOF requests that the report be submitted as soon as reasonably possible. The Agreed Upon Procedures review was conducted in accordance with AB 1484 in order to ensure that all of the winding down procedures had been followed and to make a determination as to the amount of available fund balance in the Low and Moderate Income Housing Fund that may be remitted to the State. As noted in the report, there were no adverse findings made during the review and the Successor Agency has made the appropriate transfers of assets and duties as applicable. Recommendation: That the Oversight Board take the following actions: 1. Open a public comment session to allow for the public comment regarding the Agreed Upon Procedures reviewed as required by AB 1484. 2. Set a date and time for a special meeting to consider the approval of the Agreed Upon Procedures review not earlier than October 17, 2012. Page 3 of 4 ROSEMEAD OVERSIGHT BOARD MEETING AGENDA October 8, 2012 4. ADJOURNMENT The Board will set a date and time for a Special Meeting not earlier than October 17, 2012. The next regular Rosemead Oversight Board meeting is scheduled to take place on Monday, November 12, 2012 at 5:00 p.m. Page 4 of 4