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OB - Item 3B - Housing AssetsROSEMEAD SUCCESSOR AGENCY STAFF REPORT TO: THE HONORABLE CHAIR AND BOARD MEMBERS FROM: MATTHEW HAWKESWORTH. ASSISTANT CITY MANAGER DATE: JULY 18, 2012 SUBJECT: HOUSING ASSETS SUMMARY The City of Rosemead elected to become the Successor Agency for the Housing function previously performed by the Rosemead Redevelopment Commission. Since the implementation of ABx1 26 on February 1, 2012, there has been little to do in the capacity of successor housing entity as details were still being worked out between the Legislature and the Department of Finance (DOF) regarding the dissolution of Low - Moderate Housing Funds and related assets. As part of the State's 2012 -13 Budget, trailer bill AB 1484 was approved; which provides procedural details on how to fulfill the dissolution of former Redevelopment Agencies and the ongoing operations of Successor Agencies. The first step in the dissolution of the former Low - Moderate Income Funds and related assets is to prepare a statement of assets as required by Section 34176(e) of the Government Code. The successor housing entity must submit a list of housing assets to the DOF by August 1, 2012 in a format provided by the DOF; however, the format has not been provided at the time of this staff report. As previously presented to the Oversight Board, the former Housing Agency did not own any assets, but is holding approximately $1.9 million in cash. Per Section 34176(e) of the Code, cash is not listed as an asset type for the successor housing entity. Therefore there will be no assets to report to the DOF once the reporting format is made available. Staff is requesting that the Oversight Board approve the filing of the report showing no reportable assets with a commitment from the staff that a copy of the report will be distributed to all Board Members once the form is received and completed. Staff Recommendation: That the Oversight Board approve Resolution 2012 -0007 approving the successor entity's housing asset form reporting no assets per Section 34176(e) of the Code. BACKGROUND AB 1484 established numerous clarifying Government Code amendments related to ABx1 26 regarding the dissolution of Redevelopment. Included in AB 1484 are guidelines regarding the transfer and disposition of assets of the former redevelopment and housing agencies. For the purposes of completing the housing asset report which ITEM NO. Rosemead Successor Agency Oversight Board July 18, 2012 Page 2 of 3 is due by August 1, 2012, AB 1484 amended Section 34176(e) of the Code to define housing assets as follows: 34176. (e) For purposes of this part, "housing asset' includes all of the following: (1) Any real property, interest in, or restriction on the use of real property, whether improved or not, and any personal property provided in residences, including furniture and appliances, all housing - related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low- and moderate - income housing purposes, either by purchase or through a loan, in whole or in part, with any source of funds. (2) Any funds that are encumbered by an enforceable obligation to build or acquire low- and moderate - income housing, as defined by the Community Redevelopment Law (Part 1 (commencing with Section 33000)) unless required in the bond covenants to be used for repayment purposes of the bond. (3) Any loan or grant receivable, funded from the Low and Moderate Income Housing Fund, from homebuyers, homeowners, nonprofit or for - profit developers, and other parties that require occupancy by persons of low or moderate income as defined by the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (4) Any funds derived from rents or operation of properties acquired for low- and moderate - income housing purposes by other parties that were financed with any source of funds, including residual receipt payments from developers, conditional grant repayments, cost savings and proceeds from refinancing, and principal and interest payments from homebuyers subject to enforceable income limits. (5) A stream of rents or other payments from housing tenants or operators of low - and moderate - income housing financed with any source of funds that are used to maintain, operate, and enforce the affordability of housing or for enforceable obligations associated with low- and moderate - income housing. (6) (A) Repayments of loans or deferrals owed to the Low and Moderate Income Housing Fund pursuant to subparagraph (G) of paragraph (1) of subdivision (d) of Section 34171, which shall be used consistent with the affordable housing requirements in the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (B) Loan or deferral repayments shall not be made prior to the 2013 -14 fiscal year. Beginning in the 2013 -14 fiscal year, the maximum repayment amount authorized each fiscal year for repayments made pursuant to this paragraph and subdivision (b) of Section 34191.4 combined shall be equal to one -half of the increase between the amount distributed to taxing entities pursuant to paragraph (4) of subdivision (a) of Section 34183 in that fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012 -13 base year Loan or deferral repayments made pursuant to this paragraph shall take priority over amounts to be repaid pursuant to subdivision (b) of Section 34191.4. Due to the fact that the Rosemead's housing successor entity does not have any of the assets listed above, the required asset report will be returned to the DOF stating that there are no reportable assets. Rosemead Successor Agency Oversight Board July 18, 2012 Page 3 of 3 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process in accordance with the Brown Act. Prepared by: n Matthew E. Hawkesworth Assistant City Manager RESOLUTION: 2012 -0007 A RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION AUTHORIZING THE SUBMISSION OF THE HOUSING ASSET INFORMATION AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 34176(a)(2) WHEREAS, California Health and Safety Code section 34176(a)(2) requires that each entity assuming the housing functions of the former redevelopment agency submit to the Department of Finance by August 1, 2012, a list of all housing assets; and WHEREAS, Section 34176(a)(2) also requires that the listing of assets include an explanation of how each asset meets the criteria specified in subdivision (e) of Section 34176; and WHEREAS, Section 34176(a)(2) also requires that the list shall include all assets transferred between February 1, 2012 and the date upon which the list is created. NOW THEREFORE, THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION HEREBY RESOLVES: 1. The City of Rosemead, serving as the Successor Agency for the former housing functions of the Rosemead Community Development Commission, did not make any transfers of assets between February 1, 2012 and the date upon which this Resolution was adopted. 2. The City of Rosemead, serving as the Successor Agency for the former housing functions of the Rosemead Community Development Commission, does not have any reportable housing assets as defined by Health and Safety Code Section 34176(e). 3. The Oversight Board for the Rosemead Successor Agency authorizes the Assistant City Manager for the City of Rosemead to file the necessary reports as provided by the Department of Finance to meet the requirements of Health and Safety Code Section 34176(a)(2) prior to the August 1, 2012 deadline. PASSED, APPROVED AND ADOPTED this 18th day of July 2012. Chairperson ATTEST: Matthew E. Hawkesworth Successor Agency Staff Assistant City Manager HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the Oversight Board for the Successor Agency to the Rosemead Community Development Commission at its special meeting held on the 18 day of July 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: Matthew E. Hawkesworth Successor Agency Staff Assistant City Manager