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2017-01-19 Oversight Board of Successor to RDA Minutes (Special)MINUTES OF THE SPECIAL MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF VERNON HELD TUESDAY, JANUARY 19, 2017, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Jonathan S. Fuhrman, David Vela, William J. Davis, Mary Gallagher, and Kelly Nguyen MEMBERS ABSENT: None The meeting was called to order at 4:02 p.m. by Vice Chairperson Fuhrman who also led the flag salute. CHANGES TO THE AGENDA Deputy City Clerk Matthew Ceballos announced that there are no changes to the agenda. PUBLIC COMMENT Vice Chairperson Fuhrman announced that this was the time allotted for public comment and inquired whether anyone in the audience wished to address the Board. ELECTION 1. Election of Chair to serve until the next election Recommendation: A. Find Find that election of chairperson and vice chairperson does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity that will not result in direct or indirect physical changes to the environment; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Elect one of its members as Chair. Member Davis nominated Vice Chairperson Fuhrman for Chair, it was seconded by Member Vela. Motion carried 4-0. Fuhrman: Yes Oversight Board of the Successor Agency to the Redevelopment Agency Special Meeting Minutes January 19, 2017 Page 2 of 5 Vela: Yes Davis: Yes Gallagher: Absent Kelly Nguyen: Yes MINUTES – TO BE RECEIVED AND FILED 2. Minutes of the Special Meeting of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Vernon held January 26, 2016 It was moved by Davis and seconded by Nguyen to approve Minutes of the Special Meeting of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Vernon held January 26, 2016. Motion carried, 4-0. Fuhrman: Yes Vela: Yes Davis: Yes Gallagher: Absent Kelly Nguyen: Yes ACTION ITEMS 3. Resolution No. OB-42 - A Resolution of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Vernon, approving an agreement regarding Expenditure of Excess Bond Proceeds between the Successor Agency and the City of Vernon [2005 Tax Allocation Bonds] Recommendation: A. Find that adoption of the proposed resolution for approval of the Agreement Regarding Expenditure of Excess Bond Proceeds [2005 Tax Allocation Bonds] is exempt under the California Environmental Quality Act (“CEQA”) because it is a government fiscal activity that will not result in any change to the environment and, therefore, is not a “project” as defined by CEQA Guidelines Section 15378. Even assuming the activity were a “project”, it would be exempt from CEQA review in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt a resolution to approve an Agreement Regarding Expenditure of Excess Bond Proceeds [2005 Tax Allocation Bonds], in substantially the same form as presented herewith. Oversight Board of the Successor Agency to the Redevelopment Agency Special Meeting Minutes January 19, 2017 Page 3 of 5 C. Authorize Successor Agency staff, City Attorney and special counsel to take any necessary steps to assure the provisions of said resolution are appropriately effectuated. Finance Director William Fox introduced Iris Yang, the outside consultant for the Successor Agency. Ms. Yang reported on the proposed. A lengthy dialogue ensued between the Oversight Board and the Successor Agency staff about the excess bond proceeds, the bond covenant, the properties sold, the properties history, ROPS obligation, issues if the bond proceeds weren’t spent by the City, and how the funds need to be spent. At 4:23 p.m. Member Gallagher joined the meeting. Chair Fuhrman gave a recap of the history of the bond excess and the proposed item. The dialogue transitioned to a lengthy conversation about the cause and effect if the bond proceeds were either spent or not by the City. Director Fox went through the projects the funds would be spent on if approved. Further discussion ensued about the proposed item. It was moved by Davis and seconded by Nguyen to approve Resolution No. OB-42. Motion carried, 4-1. Fuhrman: No Vela: Yes Davis: Yes Gallagher: Yes Nguyen: Yes 4. Resolution No. OB-43 - A Resolution of the Oversight Board of the Successor Agency to the Redevelopment Agency of the City of Vernon adopting, approving, and ratifying the Recognized Obligation Payment Schedule for the period July 1, 2017 through June 30, 2018, and approving certain related actions pursuant to California Health & Safety Code Sections 34177(l), 34177(m) and 34180(g) Recommendation: A. Find that adoption of the proposed resolution for approval of the Recognized Obligation Payment Schedule for 2017-2018 (July 1, 2017 through June 30, 2018) Oversight Board of the Successor Agency to the Redevelopment Agency Special Meeting Minutes January 19, 2017 Page 4 of 5 is exempt under the California Environmental Quality Act (“CEQA”) because it is a government fiscal activity that will not result in any change to the environment and, therefore, is not a “project” as defined by CEQA Guidelines Section 15378. Even assuming the activity were a “project”, it would be exempt from CEQA review in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment ; and B. Adopt a resolution to approve the 2017-2018 annual Recognized Obligation Payment Schedule (“ROPS”) in substantially the same form as presented herewith. C. Authorize Successor Agency staff, City Attorney and special counsel to take any necessary steps to assure the provisions of said resolution are appropriately effectuated. Director Fox reported on the proposed. A dialogue ensued between the staff and board concerning the legal advice given to the agencies and the details of the payment schedule. It was moved by Gallagher and seconded by Davis to approve Resolution No. OB-43. Motion carried, 5-0. Fuhrman: Yes Vela: Yes Davis: Yes Gallagher: Yes Nguyen: Yes ORAL REPORTS 5. Cancellation of the Regular Meeting scheduled to be held on February 2, 2017, at 4:00 p.m. 6. Brief reports on activities, other brief announcements, and directives to staff. With no further business, at 4:50 p.m., the meeting was adjourned by Chair Fuhrman. / / / / / / / / / Oversight Board of the Successor Agency to the Redevelopment Agency Special Meeting Minutes January 19, 2017 Page 5 of 5 ________________________ Jonathan S. Fuhrman Chairperson ATTEST: _________________________ Maria E. Ayala Secretary