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HomeMy WebLinkAboutMinutes-12-20-12-Regular Meeting Minutes of the Oversight Board to the Successor Agency to the Dissolved Downey Community Development Commission December 20, 2012 — Regular Meeting The Oversight Board to the Successor Agency to the Dissolved Downey Community Development Commission held a Regular Meeting at 1:00 p.m., December 20, 2012, in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue, Downey, California. PRESENT: Board Members: Brian Saeki, City of Downey, Chair Donald LaPlante, Downey Unified School District, Vice -Chair Roger C. Brossmer, LA County Sanitation Districts #2 & #18 Jessica Flores, Downey Employee Association Frederick W. Latham, LA County Board of Supervisors, District 4 EXCUSED: Ali Delawalla, Community Colleges (arrived at 2:04 p.m.) Stephen W. Helvey, LA County Board of Supervisors, District 4 ALSO PRESENT: Adria M. Jimenez, Oversight Board Secretary Ed Velasco, Housing Manager, City of Downey Maurina Lee, Finance Manager, City of Downey Shally Lin, Consultant, City of Downey 3. PLEDGE OF ALLEGIANCE The Flag Salute was led by Board Member Flores. 4. PUBLIC COMMENT Board Chair Saeki opened up Public Comment. Having no one come forward, Public Comment was closed. 5. APPROVAL OF MINUTES: SPECIAL MEETING OF OCTOBER 4, 2012 and REGULAR MEETING OF OCTOBER 11, 2012. Board Member Brossmer moved approval of the Minutes, Board Member LaPlante seconded the motion which passed 4 -1 -2, with Board Member Latham abstaining and Board Members Helvey and Delawalla excused. 6. PUBLIC COMMENT SESSION FOR THE DUE DILIGENCE REVIEW ON ALL FUNDS EXCEPT THE LOW AND MODERATE INCOME HOUSING FUND. Housing Manager Velasco provided a staff report advising that the Oversight Board is to accept public comments on the Due Diligence Review (DDR), a requirement under AB 1484. He noted the primary purpose is to determine if there are any cash or cash equivalents under AB 1484. Oversight Board Minutes of December 20, 2012 - 1 - Mr. Velasco stated December 15, 2012, staff transmitted the DDR report to the board. Today's intent is to answer any questions. He advised that a five day public comment period is required before the Board can act and approve the DDR. He recommended this meeting adjourn to January 10, 2013, to accept public comments and approve the DDR. Mr. Velasco referred to the report and advised $134,035 is the available amount if the DDR is approved. Board Member Latham referred to Schedule 7 of the DDR and asked Mr. Velasco to provide information on how that amount was calculated and from where does it come. Mr. Velasco asked that it is cash sitting in investment pool for the successor agencies, some is revenue on- hands, and some is tax increment money back in October based on the audit. Board Member Latham asked if there are not enough obligations to pay -off then the funds have to go back to the State. Mr. Velasco responded in the affirmative. He stated due to the changes in the law future obligations have to be requested every six months. Board Member Latham asked even if this is an existing general fund loan to the Successor Agency. Mr. Velasco advised there is a process to go through with the Department of Finance to take it to the next level. Board Member Delawalla arrived at 1:10 p.m. Latham — audit did not recognize that obligation because of the law; the new law will allow future payments of that obligation. If approved by the dept. of finance; Mr. Velasco provided information on the other obligations that will be requested through ROPS, noting that at this point they are just excess funds which have to be admitted and go through the ROPS process. Board Member Latham asked if there is any action this Board can take to keep the payment. Chair Saeki advised the only action is to meet and confer discussions with the State. It was moved by Board Member Brossmer, seconded by Board Member Latham and carried 6 -1, with Board Member Helvey excused, to open the five day public comment and accept any comments submitted. 7. ADOPTION OF RESOLUTION APPROVING THE RETRAINER AGREEMENT WITH THE LAW OFFICE OF JONES & MAYER TO PROVIDE LEGAL SERVICES FOR THE OVERSIGHT BOARD. Mr. Velasco provided a staff report and requested the Board adopt the proposed resolution as a retainer agreement for Jones and Mayer as legal counsel for questions and issues the Oversight Board may have. Oversight Board Minutes of December 20, 2012 - 2 - Board Member Latham commended staff for preparing the Request for Proposals, noting the hourly rate was the final determination. Board Member LaPlante confirmed the Board is retaining this law firm on an as- needed basis. Board Member Latham advised that it is a matter of procedure and the Board, as a whole, will authorize the use of this contract. It was moved by Board Member Latham, seconded by Board Member Brossmer and carried 6 -1, with Board Member Helvey excused, to adopt the resolution. 8. STAFF COMMENTS Mr. Velasco advised the Board that the DDR has been approved as it pertained to the low and moderate income housing funds. Chair Saeki commended Mr. Velasco, Ms. Lin, and Ms. Lee on retaining the funds. ADJOURNMENT: The meeting adjourned at 1:43 p.m. to January 10, 1:00 p.m. ADRIA M. JIMENEZ, CMC BRIAN SAEKI, Oversight Board Secretary Oversight Board Chair Oversight Board Minutes of December 20, 2012 - 3 -