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2014 04-30OVERSIGHT BOARD MINUTES (TO THE SUCCESSOR AGENCY OF THE POWAY REDEVELOPMENT AGENCY) April 30, 2014 City of Poway, City Hall Main Conference Room #2060, 2nd Floor 13325 Civic Center Drive, Poway, CA 92064 CALL TO ORDER The Special Meeting was called to order at 8:30 a.m. ROLL CALL Present were: CHAIR: VICE CHAIR: BOARD MEMBER: BOARD MEMBER: BOARD MEMBER: BOARD MEMBER: Absent: BOARD MEMBER: Bruce Tarzy, MD, City of Poway Lois Fong- Sakai, County Board of Supervisors Phyllis Laderman, Palomar Community College District Jim Lyon, City of Poway (former RDA employee) Tom Scott, County Board of Supervisors Malliga Tholandi, San Diego County Board of Education David Tam, MD, Palomar Health Other Attendees: Tina White, Interim Executive Director, City of Poway; Sheila Cobian, Secretary, City of Poway; Scott Edwards, Director of Administrative Services, City of Poway; Jay Virata, Economic Development Manager, City of Poway; Andrew White, Finance Manager, City of Poway; Ashley Jones, Senior Management Analyst, City of Poway. PUBLIC COMMENT None. BOARD BUSINESS This item was continued from the Regular Meeting of February 26, 2014. 1. Former Redevelopment Agency Loan Repayment. Director of Administrative Services Scott Edwards gave a brief overview of the agenda report. He explained that staff is requesting the Board make findings that 17 of the 18 outstanding loans previously issued to the former Redevelopment Agency by the City are enforceable obligations and were issued for legitimate redevelopment purposes. Director Edwards further explained that staff is recommending the Oversight Board defer its action on the $2,142,458 FY 1982 -83 to FY 2009 -10 General Fund Loan until the regularly scheduled meeting in September. He stated that the reason for 0039 Oversight Board Minutes — April 30, 2014 the recommendation is to allow staff an opportunity to identify and locate additional supporting documentation regarding the loan. In response to an inquiry from Board Member Tholandi, Director Edwards explained that the Department of Finance has not provided a deadline for the Oversight Board to approve the former Redevelopment Agency loans as enforceable obligations. In response to an inquiry from Chair Tarzy, Finance Manager White explained that past practice was for the City to loan the Redevelopment Agency funds for staff and capital improvement related expenses, and the tax increment received would be used to pay the debt back to the City. Board Member Lyon asked what action the City will take if the Department of Finance determines that any of the loans are not enforceable obligations. Executive Director White stated that if the Department of Finance denies the loans, staff could challenge the determination. Ultimately, if staff was not persuasive with the Department of Finance, the City's choice would be to pursue a legal challenge, to seek a legislative solution, or to seek Council approval to write off the debt. Vice Chair Fong -Sakai asked if there is a possibility the Department of Finance will deny all of the loans if the City is unable to produce supporting documentation for the $2,142,458 FY 1982 -83 to FY 2009 -10 General Fund Loan. Executive Director White explained that staff has provided separate Resolutions for each loan so that the Department of Finance can consider each loan individually. Motion by Board Member Scott, seconded by Board Member Lyon adopting Resolution No. OSB 14 -002 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency Approving a February 22, 1991 Sewer Fund Loan between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -003 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a FY 1997 -98 Sewer Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -004 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a FY 2000 -01 (A) Sewer Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -005 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a FY 2000 -01 (B) Sewer Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -006 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a FY 0040 Oversight Board Minutes — April 30, 2014 2007 -08 Sewer Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -007 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a FY 1988 -89 Water Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -008 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a FY 1989 -90 Water Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -009 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving an August 4, 1987 Drainage Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -010 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a March 29, 1988 Drainage Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -011 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a February 28, 1989 (A) Drainage Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -012 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a February 28, 1989 (B) Drainage Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -013 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a January 29, 1991 Drainage Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -014 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a January 15, 1992 Drainage Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -015 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a June 16, 1992 Drainage Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -016 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a January 0041 Oversight Board Minutes — April 30, 2014 25, 1993 Drainage Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -017 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a FY 1988 -89, Streets Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Adopting Resolution No. OSB 14 -019 entitled, "A Resolution of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency approving a FY 2000 -01, General Fund Loan Between the City of Poway and the Former Poway Redevelopment Agency and Making Findings Relating Thereto;" and, Authorizing the loan repayments to be included on future Recognized Obligation Payment Schedules (ROPS) beginning with FY 2014 -15 (ROPS 14 -15B). Motion carried unanimously by those Board Members present (Tam — Absent). 2. Approval of the February 26, 2014, Regular Meeting Minutes of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency. Motion by Board Member Lyon, seconded by Vice Chair Fong -Sakai approving the February 26, 2014, Regular Meeting Minutes of the Oversight Board to the Successor Agency of the Poway Redevelopment Agency. Motion carried 4/2/1 (Laderman and Tholandi — Abstained from the approval due to their absence from that meeting. Tam — Absent) CHAIR AND BOARDMEMBERS' COMMENTS Chair Tarzy confirmed with staff the next meeting of the Oversight Board is scheduled for September 24, 2014. He also asked what other items staff is anticipating having on the agenda of that meeting. Executive Director White stated that if the Department of Finance has made a determination on the City's Long Range Property Management Plan, staff would provide a report to the Board. ADJOURNMENT The meeting was adjourned at 9:09 a.m. Sheil R. Cobian, CMC Secretary Oversight Board to the Successor Agency of the Poway Redevelopment Agency 0042