HomeMy WebLinkAbout01 MINUTES 05-29-12Agenda Item 1
MINUTES OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
FORMER TUSTIN COMMUNITY REDEVELOPMENT AGENCY
COUNCIL CHAMBER
300 CENTENNIAL WAY
TUSTIN, CALIFORNIA
SPECIAL MEETING
MAY 29, 2012
4:00 P.M.
CALL TO ORDER at 4:00 p.m.
ROLL CALL
Present: Chair Doug Davert, Secretary Jerry Amante and Board
Members John Nielsen, Chuck Puckett, Matt West and
Anthony Soria
Absent: Vice Chair Debra Fitzsimons
Successor Agency Clerk: Patricia Estrella
Others Present: David E. Kendig, Legal Counsel to the Successor Agency
PLEDGE OF ALLEGIANCE — Board Member Nielsen
PUBLIC INPUT — None
CONSENT CALENDAR
1. APPROVAL OF MINUTES — REGULAR MEETING OF THE OVERSIGHT
BOARD OF THE SUCCESSOR AGENCY TO THE FORMER TUSTIN
COMMUNITY REDEVELOPMENT AGENCY HELD ON APRIL 10, 2012
Motion: It was moved by Board Member Nielsen and seconded by Board
Member Puckett that the Board approve the Minutes of the Regular Meeting of
the Oversight Board of the Successor Agency to the Former Tustin
Community Redevelopment Agency held on April 10, 2012.
Motion carried 6-0
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Agenda Item 1
REGULAR BUSINESS ITEMS 2-6
2. SECOND AMENDED INITIAL RECOGNIZED OBLIGATION PAYMENT
SCHEDULE ("ROPS") FOR THE PERIOD OF JANUARY THROUGH JUNE
2012 AND AMENDED ADMINISTRATIVE BUDGET FOR THE SAME
PERIOD
Motion: It was moved by Board Member Nielsen and seconded by Secretary
Amante to:
1. Reaffirm modifications to the Initial ROPS (period of January-June
2012) made by the Successor Agency and transmitted to the
Department of Finance ("DoF") on May 10, 2012 as authorized
previously by the Oversight Board, certified by the Oversight Board
Chair and as requested by DoF, subject to the following:
A. All modifications to the Initial ROPS (labeled "Second Amended
Initial ROPS ") requested by DoF were made under protest with
the Oversight Board and Successor Agency reserving all rights
to seek payment for any obligations removed from the ROPS
under protest.
B. Review and certification by the County Auditor-Controller
selected independent auditor.
C. Should any subsequent modifications be required to the Second
Amended ROPS by the Successor Agency, independent auditor
or DoF, the City Manager and /or Finance Director, or their
authorized designee, shall be authorized to make any
augmentation, modification, additions or revisions as may be
necessary subject to certification by the Oversight Board Chair.
2. Approve the proposed Successor Agency action to amend its
Administrative Budget for the period of January - June 2012, adjusted
to reflect the Second Amended ROPS for the same period, pending
Successor Agency approval. Staff is directed to amend the second
page of the Administrative Budget to reflect the totals on page 1.
3. Approve any subsequent Successor Agency action, if necessary, to
enter into a Second Amended Agreement for reimbursement of costs
incurred by the City to support Successor Agency operations and
obligations for the period of January through June 2012, to reflect the
modifications to the Administrative Cost Allowance and Administrative
Budget for this period requested by DoF as noted in recommendation
#2 above.
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Agenda Item 1
Motion carried 5-1 (Board Member Soria dissenting)
3. FIRST AMENDED SECOND RECOGNIZED OBLIGATION PAYMENT
SCHEDULE (JULY - DECEMBER 2012) AND AMENDED ADMINISTRATIVE
BUDGET
Motion: It was moved by Secretary Amante and seconded by Board Member
Puckett to:
Reaffirm modifications to the ROPS made by the Successor Agency
and transmitted to the Department of Finance ("DoF") on May 10, 2012
as authorized previously by the Oversight Board, certified by the
Oversight Board Chair and as requested by DoF, subject to the
following:
A. All modifications to the Recognized Obligation Payment
Schedules ("ROPS") requested by DoF were made under
protest with the Oversight Board and Successor Agency
reserving all rights to seek payment for any obligations removed
from the ROPS under protest;
B. Review and certification by the County Auditor-Controller
selected independent auditor, and;
C. Should any subsequent modifications be required to the First
Amended Second ROPS by the Successor Agency, independent
auditor, or DOF, the City Manager and/or Finance Director, or
their authorized designee, shall be authorized to make
augmentation, modification, additions, or revisions as may be
necessary subject to certification by the Oversight Board Chair.
2. Approve proposed Successor Agency action to amend its
Administrative Budget for the period of July-December 2012, adjusted
to reflect the Second Amended ROPS, pending Successor Agency
approval. Staff is directed to amend the second page of the
Administrative Budget to reflect the totals on page 1.
3. Approve any subsequent Successor Agency action, if necessary, to
enter into a Second Amended Agreement for reimbursement of costs
incurred by the City to support Successor Agency operations and
obligations for Fiscal Year 2012-13, to reflect the modifications to the
Administrative Cost Allowance and Administrative Budget for Fiscal
Year 2012-13 requested by DoF, including the period of July-
December 2012 as noted in recommendation #2 above.
Motion carried 5-1 (Board Member Soria dissenting)
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Agenda Item 1
4. REPAYMENT SCHEDULE - THE HOUSING DEFICIT REDUCTION PLAN
FOR THE FORMER TOWN CENTER REDEVELOPMENT PROJECT AREA
Motion: It was moved by Secretary Amante and seconded by Board Member
Nielsen to reaffirm the repayment schedule for the former Town Center
Redevelopment Project Area's Housing Deficit Reduction Plan as shown in
the Second BOPS, as amended.
Motion carried 6-0
5. INVENTORY OF FORMER TUSTIN COMMUNITY REDEVELOPMENT
AGENCY REAL PROPERTY ASSETS
Motion: It was moved by Secretary Amante and seconded by Board Member
Nielsen to receive and file.
Motion carried 6-0
6. TUSTIN RANCH ROAD ROADWAY IMPROVEMENTS REQUIRED MATCH
FUNDS FROM MCAS 2010 TAX ALLOCATION BOND PROCEEDS
Motion: It was moved by Secretary Amante and seconded by Board Member
Puckett to:
1. Again, reaffirm the previous award of the construction contract for the
Tustin Ranch Road Phase I — Grading and Storm Drain Project (CIP
No. 70100 and 70206) as an enforceable obligation using the amounts
appropriated utilizing MCAS Tustin 2010 Tax Allocation Bond proceeds
and the Agency's previous authorization for the Successor Agency to
award the construction contract for the Tustin Ranch Road Phase 2
Roadway Improvements (CIP Nos. 70100, 70100, 70206, 70214 &
70215) to the lowest bidder, R.J. Noble Company, utilizing MCAS
Tustin 2010 Tax Allocation Bond proceeds for their intended use, as an
enforceable obligation.
2. Approve the Successor Agency acceptance of financial assistance from
a variety of private and public funding sources for the Tustin Ranch
Road Phase I Project, conditioned upon the provision of matching
funds in the amount of $5,983,863 from the MCAS Tustin 2010 Tax
Allocation Bond proceeds and approve the Successor Agency's
acceptance of financial assistance from the Orange County
Transportation Agency, a State grant and from other public and private
sources for the Tustin Ranch Road Phase 2 Roadway Project,
conditioned upon the provision of matching funds in the amount of
$8,164,931 from MCAS Tustin 2010 Tax Allocation Bond proceeds, or
any additional amount necessary to support any unforeseen change
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Agenda Item 1
orders during construction beyond a normal 10 percent contingency for
the Project.
3. Authorize the Successor Agency to enter into a reimbursement
agreement with the City for the Successor Agency's match contribution
to the Phase I and Phase 2 Tustin Ranch Road Improvements Project
in the amount shown in Recommendation No. 2 above, to be a
disbursed from MCAS 2010 Tustin Tax Allocation Bonds to the City of
Tustin.
Motion carried 6-0
ADJOURNED at 4:51 p.m. The next regular meeting of the Oversight Board of the
Successor Agency to the Former Tustin Community Redevelopment Agency is
scheduled for June 12, 2012 at 4:00 p.m. in the Council Chamber at 300 Centennial
Way, Tustin, California.
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