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Home My WebLink AboutOB MINUTES 06.24.14C MINUTES OF THE REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY COUNCIL CHAMBER 300 CENTENNIAL WAY TUSTIN, CALIFORNIA JUNE 24, 2014 4:00 P.M. CALL TO ORDER at 4:05 p.m. ROLL CALL Present: Chair Doug Davert, Vice Chair Dr. Debra Fitzsimons, Secretary Chuck Puckett and Board Members Dr. Allan Bernstein, Anthony Soria and Matt West Absent: Board Member John Nielsen Successor Agency Clerk: Erica Rabe, City Clerk Services Supervisor Others Present: David E. Kendig, Legal Counsel to the Successor Agency, Jerry Craig, Economic Development and Housing Manager and Jeffrey C. Parker, City Manager PLEDGE OF ALLEGIANCE — Board Member West PUBLIC INPUT - None REGULAR BUSINESS ITEMS 1 -7 APPROVAL OF MINUTES — SPECIAL MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE FORMER TUSTIN COMMUNITY REDEVELOPMENT AGENCY HELD ON APRIL 29, 2014 Recommendation / Proposed Action It was moved by Secretary Puckett and seconded by Vice Chair Fitzsimons that the Board approve the Minutes of the Special Meeting of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency held on April 29, 2014. Motion carried: 6 -0 Jerry Craig, Economic Development and Housing Manager, provided a ADA Assistance If you need special assistance to participate in this Oversight Board meeting, contact the City Clerk's Office at (714) 573- 3026. Please call at least 72 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102.104 American Disabilities Act Title 11) presentation for Items 2 -4. 2. ADOPT OVERSIGHT BOARD RESOLUTION NO. 14 -11, RECONSIDERING, AFFIRMING AND RATIFYING THE AMENDED AND REINSTATED AFFORDABLE HOUSING REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECOMMENDATION / PROPOSED ACTION It was moved by Board Member Bernstein and seconded by Secretary Puckett to adopt Oversight Board Resolution 14 -11, reconsidering, affirming and ratifying the amended and reinstated Affordable Housing Reimbursement Agreement between the City of Tustin and the Successor Agency to the Tustin Community Redevelopment Agency, subject to the following condition: Motion carried: 6 -0 a) Should any subsequent modifications be required, 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. (Note: This Resolution shall be effective after transmittal of this Resolution to the Department of Finance ( "DoF ") and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in the Dissolution Law. In this regard, if DoF requests review hereof, it will have 40 days from the date of its request to approve this Oversight Board action or return it to the Oversight Board for reconsideration and the action, if subject to review by DoF, will not be effective until approved by DoF.) OVERSIGHT BOARD RESOLUTION NO. 14 -11 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECONSIDERING, AFFIRMING AND RATIFYING THE AMENDED AND REINSTATED AFFORDABLE HOUSING REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 3. ADOPT OVERSIGHT BOARD RESOLUTION NO. 14 -12, RECONSIDERING, AFFIRMING AND RATIFYING THE AMENDED AND REINSTATED PUBLIC WORKS AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECOMMENDATION / PROPOSED ACTION Oversight Board of the Successor Agency to the Page 2 Tustin Community Redevelopment Agency Regular Meeting Minutes —June 24, 2014 It was moved by Board Member Bernstein and seconded by Secretary Puckett to adopt Oversight Board Resolution No. 14 -12, reconsidering, affirming and ratifying the amended and reinstated Public Works Agreement between the City of Tustin and the Successor Agency to the Tustin Community Redevelopment Agency ( "Successor Agency'), subject to the following condition: Motion carried: 6 -0 a) Should any subsequent modifications be required, 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. (Note: This Resolution shall be effective after transmittal of this Resolution to the Department of Finance ( "DoF ") and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in the Dissolution Law. In this regard, if DoF requests review hereof, it will have 40 days from the date of its request to approve this Oversight Board action or return it to the Oversight Board for reconsideration and the action, if subject to review by DoF, will not be effective until approved by DoF.) OVERSIGHT BOARD RESOLUTION NO. 14 -12 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECONSIDERING, AFFIRMING AND RATIFYING THE AMENDED AND REINSTATED PUBLIC WORKS AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 4. ADOPT OVERSIGHT BOARD RESOLUTION NO. 14 -13, RECONSIDERING AND APPROVING THE AMENDED TOWN CENTER HOUSING DEFICIT REDUCTION PLAN REPAYMENT SCHEDULE RECOMMENDATION / PROPOSED ACTION It was moved by Secretary Puckett and seconded by Board Member West, in accordance with California Health and Safety Code Section 34171(d)(G), to adopt Oversight Board Resolution No. 14 -13, reconsidering the repayment schedule for the former Town Center Redevelopment Project Area's Housing Deficit Reduction Plan, subject to the following condition: Motion carried: 6 -0 a) Should any subsequent modifications be required, 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. Tustin Community Redevelopment F Regular Meeting Minutes —June 24, (Note: This Resolution shall be effective after transmittal of this Resolution to the Department of Finance ( "DoF ") and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in the Dissolution Law. In this regard, if DoF requests review hereof, it will have 40 days from the date of its request to approve this Oversight Board action or return it to the Oversight Board for reconsideration and the action, if subject to review by DoF, will not be effective until approved by DoF.) OVERSIGHT BOARD RESOLUTION NO. 14 -13 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY RECONSIDERING AND APPROVING THE AMENDED TOWN CENTER HOUSING DEFICIT REDUCTION PLAN REPAYMENT SCHEDULE 5. ADOPT OVERSIGHT BOARD RESOLUTION NO. 14 -14, APPROVING THE BOND PROCEEDS EXPENDITURE AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY Jerry Craig, Economic Development and Housing Manager, provided a presentation. RECOMMENDATION / PROPOSED ACTION It was moved by Board Member Bernstein and seconded by Vice Chair Fitzsimons, in accordance with the Dissolution Act, in particular California Health and Safety Code Section 34191.4(c) and 34180(h), to adopt Oversight Board Resolution No. 14 -14, approving the Bond Proceeds Expenditure Agreement between the City and Successor Agency, subject to the following condition: Motion carried: 6 -0 a) Should any subsequent modifications be required, 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. (Note: This Resolution shall be effective after transmittal of this Resolution to the Department of Finance ( "DoF ") and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in the Dissolution Law. In this regard, if DoF requests review hereof, it will have 40 days from the date of its request to approve this Oversight Board action or return it to the Oversight Board for reconsideration and the action, if subject to review by DoF, will not be effective until approved by DoF.) OVERSIGHT BOARD RESOLUTION NO. 14 -14 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR Tustin Community Redevelopment Agency Regular Meeting Minutes — June 24, 2014 AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APPROVING THE BOND PROCEEDS EXPENDITURE AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY 6. ADOPT OVERSIGHT BOARD RESOLUTION NO. 14 -15 APPROVING THE OVERSIGHT BOARD MEETING CALENDAR FOR JULY 2014 THROUGH JUNE 2015 Jerry Craig, Economic Development and Housing Manager, provided a presentation. RECOMMENDATION / PROPOSED ACTION It was moved by Secretary Puckett and seconded by Board Member Bernstein to adopt Oversight Board Resolution No. 14 -15 approving the proposed Meeting Calendar for July 1, 2014 through June 30, 2015, with notice to be provided to the Oversight Board by staff of the Successor Agency to the Tustin Community Redevelopment Agency ( "Successor Agency ") when an additional Board meeting is required. Motion carried: 6 -0 (Note: This Resolution shall be effective after transmittal of this Resolution to the Department of Finance ( "DoF ") and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in the Dissolution Law. In this regard, if DoF requests review hereof, it will have 40 days from the date of its request to approve this Oversight Board action or return it to the Oversight Board for reconsideration and the action, if subject to review by DoF, will not be effective until approved by DoF.) OVERSIGHT BOARD RESOLUTION NO. 14 -15 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APPROVING THE MEETING CALENDAR FOR THE PERIOD OF JULY 2014 THROUGH JUNE 2015 7. ADOPT OVERSIGHT BOARD RESOLUTION NO. 14 -16, APPROVING THAT THERE WILL BE NO SEPARATE AUDIT FOR THE SUCCESSOR AGENCY RECOMMENDATION / PROPOSED ACTION It was moved by Secretary Puckett and seconded by Chair Davert to adopt Oversight Board Resolution No. 14-16 approving that the audit for the Successor Agency will be through the City of Tustin's annual audit and not requiring a separate audit for the Successor Agency. Motion carried: 6 -0 Oversight Board of the Successor Agency to the Page 5 Tustin Community Redevelopment Agency Regular Meeting Minutes — June 24, 2014 (Note: This Resolution shall be effective after transmittal of this Resolution to the Department of Finance ( "DoF ") and the expiration of five (5) business days pending a request for review by DoF within the time periods set forth in the Dissolution Law. In this regard, if DoF requests review hereof, it will have 40 days from the date of its request to approve this Oversight Board action or return it to the Oversight Board for reconsideration and the action, if subject to review by DoF, will not be effective until approved by DoF.) OVERSIGHT BOARD RESOLUTION NO. 14 -16 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APPROVING THAT THE AUDIT FOR FISCAL YEAR ENDING JUNE 30, 2014 WILL BE THROUGH THE CITY OF TUSTIN'S ANNUAL AUDIT AND NOT REQUIRE A SEPARATE AUDIT FOR THE SUCCESSOR AGENCY Jerry Craig provided an update on the following existing litigation: Successor Agency to the Tustin Redevelopment Agency, et al. v. Matosantos: Case No. 34- 2013 - 80001623. ADJOURNED at 4:30 p.m. The next regular meeting of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency is scheduled for September 23, 2014 at 4:00 p.m. in the Council Chamber at 300 Centennial Way, Tustin, California. bu a DOUG DAVE CHARLES E. PUCKETT, Chair 7 Secretary 0 Tustin Community Redevelopment Regular Meeting Minutes — June 24,