HomeMy WebLinkAbout2012-08-23Special Meeting Minutes
City of Huntington Beach Oversight Board of the Successor Agency
of the Former City of Huntington Beach Redevelopment Agency
Thursday, August 23, 2012
5:00 PM - Room B-7
Civic Center, 2000 Main Street
Huntington Beach, California 92648
CALL TO ORDER — 5:02 P.M.
ROLL CALL
PRESENT: Chair Hansen, Bone, A. Dunn, Fritzal, and Carchio
ABSENT: Vice Chair L. Dunn, Delgado
PLEDGE OF ALLEGIANCE - Led by Chair Hansen
SUPPLEMENTAL COMMUNICATIONS
Pursuant to the Brown "Open Meetings" Act, Secretary Flynn announced there were no supplemental
communication received after distribution of the agenda packet:
PUBLIC COMMENTS - (Limited to 3 minutes per person): None.
BUSINESS
1) Approved and Adopted the May 14, 2012 Special Meeting Minutes
A motion was made by Fritzal, second Bone to approve and adopt the Oversight Board minutes of the Special
Meeting of May 14, 2012, as written and on file in the Office of the Secretary of the Board. The motion carried
by the following vote:
AYES: Chair Hansen, Bone, A. Dunn, and Fritzal
NOES: None
ABSTAIN: Carchio
ABSENT: Vice Chair L. Dunn, Delgado
2) Approved the Recognized Obligation Payment Schedule (ROPS) for the Period of January 1, 2013
through June 30, 2013; and approved the Administrative Budget and Related Actions
Finance Director Lori Ann Farrell gave a report on the ROPS III and walked the Boardmembers through the
matrix which was presented in the new Department of Finance (DOF) format.
Boardmember Steve Bone made an announcement that, as a shareholder, he had an economic conflict of
interest within the ROPS for items pertaining to the Hyatt. Member Bone asked that items related to the Hyatt
and the Hilton (#2, #13, and #48) be removed from consideration so that he could vote on the remainder of the
ROPS III included as Exhibit A of Resolution 2012-02.
All) A motion was made by A. Dunn, second Hansen to Adopt Resolution No. 2012-02, "A Resolution of the
Huntington Beach Oversight Board of the Successor Agency of the Huntington Beach Redevelopment
Agency Approving the Recognized Obligation Payment Schedule for the January 1 — June 30, 2013 Six -
Month Fiscal Period ("Third ROPS")" Excluding Items 2, 13, and 48 of the ROPS III (#2 Hyatt Regency
Huntington Beach Project, #13 HUD Section 108 Infrastructure Loan for Hyatt/Hilton Properties, and #48
Waterfront Commercial Master Site Plan). The motion carried by the following vote:
AYES: Chair Hansen, Bone, A. Dunn, Fritzal, and Carchio
NOES: None
ABSENT: Vice Chair L. Dunn, Delgado
Bone recused himself and left the room while the Board discussed, considered and voted on items #2, 13, and
48 from Exhibit A of Resolution 2012-02.
A2) A motion was made by Hansen, second A. Dunn to adopt the portions of Resolution No. 2012-02, "A
Resolution of the Huntington Beach Oversight Board of the Successor Agency of the Huntington Beach
Redevelopment Agency Approving the Recognized Obligation Payment Schedule for the January 1 — June
30, 2013 Six -Month Fiscal Period ("Third ROPS")" Pertaining to items 2, 13, and 48 of the ROPS III (#2
Hyatt Regency Huntington Beach Project, #13 HUD Section 108 Infrastructure Loan for Hyatt/Hilton
Properties, and #48 Waterfront Commercial Master Site Plan). The motion carried by the following vote:
AYES: Chair Hansen, A. Dunn, Fritzal, and Carchio
NOES: None
RECUSE/ABSTAIN: Bone
ABSENT: Vice Chair L. Dunn, Delgado
Boardmember Bone was alerted of the conclusion of the discussion and vote, and returned to the meeting
room.
B) A motion was made by Dunn, second Hansen to Adopt Resolution No. 2012-03, "A Resolution of the
Huntington Beach Oversight Board of the Successor Agency of the Huntington Beach Redevelopment
Agency Approving the Successor Agency Administrative Budget and Related Actions." The motion carried
by the following vote:
AYES: Chair Hansen, Bone, A. Dunn, Fritzal, and Carchio
NOES: None
ABSENT: Vice Chair L. Dunn, Delgado
3) Adopted a Resolution Consenting to and Approving the Termination of an Owner Participation
Agreement (OPA) among the City, the former Redevelopment Agency, and Makallon Atlanta Huntington
Beach LLC.
A motion was made by Carchio, second A. Dunn to adopt Resolution No. 2012 -04, "A Resolution of the
Huntington Beach Oversight Board of the Successor Agency to the Redevelopment Agency of the City of
Huntington Beach Consenting to and Approving the Termination of an Owner Participation Agreement Among
the City, the Former Redevelopment Agency and Makallon Atlanta Huntington Beach, LLC." The motion
carried by the following vote:
AYES: Chair Hansen, Bone, A. Dunn, Fritzal, and Carchio
NOES: None
ABSENT: Vice Chair L. Dunn, Delgado
4) Overview and Discussion of Assembly Bill 1484 —
Susan Y. Apy, Attorney at Law for the firm of Kane, Ballmer and Berkman delivered a presentation on the
salient points of Assembly Bill 1484, the primary purpose of which is to make technical and substantive
amendments to AB 26 based upon experience to -date at the state and local level in implementing AB 26. She
also highlighted the additional requirements incorporated into AB 1484 which would require completion by the
City prior to moving forward with completing activities, projects and programs. Questions were then directed to
her by the Board regarding the goals of AB 26 and how AB 1484 affected those goals. Discussion also
centered on the claw back provision and how that would affect the state's payment back to the school system.
Questions were raised as to whether bankruptcy was an option for either the Oversight Board or the Successor
Huntington Beach Oversight Board
Special Meeting Minutes
August 23, 2012
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Agency. And what liability or immunity the Oversight Boardmembers have while operating under the scope of
their duties. Additional time was spent on the concept of smoothing between ROPS periods and the inability to
be allowed to utilize smoothing.
ADJOURNMENT: The meeting adjourned at 5:42. The next Special Meeting is tentatively scheduled for
Thursday, October 4, 2012, 5:00 p.m. at City Hall, 2000 Main Street, Civic Center Lower Level, Room B-7.
9?&1
Man L. Flynn
Secretary of the Huntington Beach
Oversight Board of the Successor
Agency of the Former City of
Huntington Beach, California
Redevelopment Agency
Donald F. Hansen Jr.
Chair of the Huntington Beach
Oversight Board of the Successor
Agency of the Former City of
Huntington Beach, California
Redevelopment Agency
Huntington Beach Oversight Board
Special Meeting Minutes
August 23, 2012
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