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December 2, 2013

A regular meeting of the Oversight Board of the City of San Ramon was held on
December 2, 2013 at 4:00 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Chair Marc Fontes presiding.
PRESENT:  Boardmembers Gary Black, Patricia Boom, Vice Chair Mary Lou Oliver, and Chair Marc Fontes.
ABSENT:  Boardmember John Nejedly, Scott Perkins, and Matt Stamey.
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, and Board Clerk Patricia Edwards.

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Mbr. Gary Black led those present in the pledge of allegiance.

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Roz Rogoff, resident, requested a status report on the sale of the Mudd’s property.  She asked the Board to consider the offer from Mr. Larson and the Learning Room.  She stated that she supports Mr. Larson’s offer because Mr. Larson has promised to maintain the building, make needed repairs, and use it in an appropriate way.  She does not want major modifications made to the building which would destroy the originality of the building and what she referred to as the “spirit of Mudd’s”. 

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(#5.1) Minutes of the September 11, 2013 regular meeting.

The Board Clerk noted that a quorum of the members attending the September 11, 2013 Oversight Board meeting were not present so the minutes were deferred to a future meeting.

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(#8.1) Resolution OB No. 2013-006 – Approving an Agreement Between the City of San Ramon and the Successor Agency to the San Ramon Redevelopment Agency to Ratify, Validate, and Reenter the Cooperation Agreement Between the City of San Ramon and the Former San Ramon Redevelopment Agency Entered into on December 8, 1992.

Interim City Attorney Bob Saxe provided the report.  The item arose from a ‘meet and confer’ meeting with the State Department of Finance (DOF) in conjunction with the last Recognized Obligation Payment Schedule (ROPS).  The DOF originally indicated that they were denying the expenditures of the non-housing bond proceeds for Capital Improvement Projects (CIP) and the housing bond proceeds for the identified housing uses.  The DOF’s position was that the CIP did not fit the definition of an enforceable obligation.  The City’s position regarding the bond proceeds is that the Dissolution Act requires that bond proceeds are used for purposed consistent with the bond covenants. 

On December 8, 1992, the City of San Ramon and the Redevelopment Agency entered into a Cooperation Agreement whereby the City agreed to assist the Agency in performing redevelopment functions.   The 2011 dissolution legislation invalidated agreements entered into between a city and a redevelopment agency created by that city.  The applicable provision (Health & Safety Code section 34178) made certain exemptions based on subject matter.  It also authorized a city to reenter with the Successor Agency any agreement with the former redevelopment agency which may have been invalidated by Health & Safety Code section 34178.  Staff decided to reenter the 1992 Cooperative Agreement with the Successor Agency, City Council, and Oversight Board. 

The 1992 Cooperative Agreement was approved by both the Successor Agency and the City on November 26, 2013.  Mr. Saxe noted that this Agreement does not change anything regarding the operation and how funds are spent but will satisfy the DOF so that the ROPS can be approved.

Chair Fontes asked if there were any other issues regarding the ROPS.  Mr. Saxe stated that there are not.  He anticipates that the DOF will withdraw their objections and concur that the CIP are enforceable obligations and are consistent with the bond covenants.

Mbr. Boom’s motion to adopt Resolution OB No. 2013-006 was seconded by Vice Chair Oliver and passed 4-0-3-0.  Mbrs. Nejedly, Perkins, and Stamey were absent.

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At 4:12 p.m., there being no further business, Chair Fontes adjourned the meeting.

Mary Lou Oliver, Vice Chair
Renee Beck, Interim Board Clerk

Approved at the February 27, 2014 Oversight Board meeting; 5-0-2-0 (Fontes and Nejedly absent).

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