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HomeMy WebLinkAboutOB Minutes 2012-11-13 REGULAR MEETING � MINUTES fl _y e= OVERSIGHT BOARD FOR THE `'� �'1A SUCCESSOR AGENCY TO THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL LARGE CONFERENCE ROOM, TOP FLOOR 400 GRAND AVENUE TUESDAY,NOVEMBER 13, 2012 2:00 P.M. CALL TO ORDER Time: 2:02 p.m. ROLL CALL Present: Boardmembers Addiego, Beaudin, Christensen, Farrales and Scannell, Vice Chairperson Porterfield and Chairperson Cullen. Absent: None. PLEDGE OF ALLEGIANCE Led by Vice Chairperson Porterfield. AGENDA REVIEW None. PUBLIC COMMENTS Comments from members of the public on items not on this meeting agenda. The Chair may set time limit for speakers. Since these topics are non-agenda items, the Board may briefly respond to statements made or questions posed as allowed by the Brown Act (Government Code Section 54954.2). However, the Board may refer items to staff for attention, or have a matter placed on a future agenda for a more comprehensive action report. None. MATTERS FOR CONSIDERATION 1. Motion to approve the respective Minutes of the Regular Meeting of October 9, 2012 and Special Meeting of October 19, 2012. Motion —Boardmember Scannell/Second—Boardmember Addiego: to approve the Minutes of the Regular Meeting of October 9, 2012. Approved by the following voice vote: AYES: Boardmembers Addiego, Beaudin, Christensen and Scannell, Vice Chairperson Porterfield and Chairperson Cullen. NOES: None. ABSTAIN: Boardmember Farrales. ABSENT: None. Motion —Boardmember Scannell/Second—Boardmember Addiego: to approve the Minutes of the Special Meeting of October 19, 2012. Approved by the following voice vote: AYES: Boardmembers Addiego, Beaudin, Christensen and Scannell, and Chairperson Cullen. NOES: None. ABSTAIN: Boardmember Farrales and Vice Chairperson Porterfield. ABSENT: None. 2. Discussion pertinent to scheduling a Special Meeting in January 2013 for approval of the Due Diligence Review (DDR)-Non-Housing Funds after such DDR is presented for Board review and public comment at the Regular Meeting of January 8, 2013. Boardmembers tentatively scheduled a Special Meeting for January 15, 2013 at 2:00 p.m. for approval of the Due Diligence Review (DDR)-Non-Housing Funds after such DDR is presented for Board review and public comment at the Regular Meeting of January 8, 2013. 3. Authorize Oversight Board Chairman to send letter to the State of California Department of Finance ("DOF") requesting guidance about unfunded pension and retiree health liabilities being enforceable obligations of the Successor Agency of a Redevelopment Agency. Chairperson Cullen advised Boardmembers he had drafted the proposed letter seeking the DOF's position on the enforceable obligation status of unfunded pension and retiree health liabilities associated with City employees who served the RDA is some capacity but were not technically employed by the RDA. He noted that recent legislation had addressed this issue with respect to terminations of RDA employees,but did not address the specific issue confronting the South San Francisco Successor Agency and Oversight Board. He suggested the taxing entities would benefit from an affirmative answer as to whether this is an enforceable obligation so that funding methodologies might be considered. Boardmember Addiego requested that the Successor Agency and not the City be identified in the second paragraph of the letter. Boardmembers agreed. In response to Boardmember Scannell's question regarding the nexus between the City employee positions listed and RDA service, Counsel Labadie advised that Chairperson Cullen's proposed letter only addressed the threshold legal question as to whether the Successor Agency would be entitled to reimbursement. If the DOF's position is that such obligations are enforceable, then it would be up to the Oversight Board to make the factual determination as to which employee obligations/amounts to OVERSIGHT BOARD REGULAR MEETING NOVEMBER 13,2012 MINUTES PAGE 2 include. Boardmember Beaudin stated his preference for Option B in the report which would involve the Oversight Board taking the up-front position that these are enforceable obligations as opposed to first requesting the opinion of DOF. He questioned whether other Oversight Boards had already taken this position. Counsel Labadie advised some Oversight Boards had approved similar obligations subject to review by DOF. He noted that the Board would be spared calculations pertinent to the potential obligations if DOF's position was that such obligations were unenforceable. Motion —Boardmember Scannell/Second—Boardmember Christensen: to authorize the Oversight Board Chairman to send a letter to the DOF requesting guidance about unfunded pension and retiree health liabilities being enforceable obligations of the Successor Agency of a Redevelopment Agency as modified with respect to identification of the Successor Agency as opposed to the City in paragraph two (2). Approved by the following voice vote: AYES: Boardmembers Addiego, Christensen, Farrales and Scannell, Vice Chairperson Porterfield and Chairperson Cullen. NOES: Boardmember Beaudin. ABSTAIN: None. ABSENT: None 4. Future Agenda Items. a. Report on any determination by the State of California Department of Finance on unfunded pension and liabilities being an enforceable obligation of the Successor Agency of a Redevelopment Agency At Boardmember Christensen's request, the Board agreed to place an item pertaining to RPTTF tax distribution methodology and implications for Prop lA on the December 11, 2012 Regular Meeting Agenda. ADJOURNMENT Motion—Boardmember Beaudin/Second—Boardmember Scannell: to adjourn the meeting. Unanimously approved by voice vote. Pursuant to the above motion, Chairperson Cullen adjourned the meeting at 2:29 p.m. Submitted: Approved: RIO . 's a J. M. - , Cie, Neil Cullen, Chairperson City uth an Fran'.isco Oversight Board for the Successor Agency to the City of South San Francisco Redevelopment Agency OVERSIGHT BOARD REGULAR MEETING NOVEMBER 13, 2012 MINUTES PAGE 3