Wednesday, June 13, 2012

It’s No Oversight that Culver City’s New Oversight Committee Violates State and City Laws

Gary Silbiger

The Oversight Board of the Successor Agency to the Culver City Redevelopment Agency - what a mouth full this is - met for the first time in Culver City on May 3, 2012.  The question is, Will this Oversight Board be watching what the Successor Agency is doing - having “oversight” of the Agency - or will its work result in an “oversight”?  In other words, will this Oversight Committee fulfill its role as an independent body or will it simply be a rubberstamp for developments?

     The Successor Agency was created by the California Legislature to wind down the business of the Redevelopment Agencies that were dissolved by A.B. (Assembly Bill) x 26.  The City of Culver City has been named by the City Council as the Successor Agency.  California law requires an Oversight Committee to monitor and approve actions of the Successor Agency (See sections 34179 and 34180 of the California Health and Safety Code).  This Oversight Committee must consist of 7 members: 2 appointed by mayor Andrew Weissman (who appointed himself and Nicholas Kimball, a former employee of the Redevelopment Agency), 2 by the County Supervisors (Richard Bruckner, Director of Regional Planning for Los Angeles County, and Steve Rose, president of the Culver City Chamber of Commerce), 1 by the County superintendent of education, (Sean Kearney, Fiscal Services Manager of the Culver City Unified School District), 1 by the largest special district that receives property tax revenues, and 1 by the Chancellor of the California Community Colleges.  By the time of the May 3, 2012 initial meeting of the Oversight Board, 6 of the 7 appointees had been chosen.

     The first meeting of the Oversight Committee was managed by Martin Cole, the City’s assistant manager and clerk, and now also the secretary pro tempore - yes, this is the title given in the agenda. 

     In a blink of an eye, decades of Culver City procedures, processes, and rules came to a screeching halt without even a modicum of “oversight”.  Here are some of the troubling rules and procedures utilized during the Oversight Committee’s first meeting. 

1.  Notice of the May 3, 2012 agenda was not sent to the City’s e-mail list as some believe is required by the Brown Act, and is definitely part of City policy and practice.  It should have been sent to the same group that received the former Redevelopment Agency e-mails and currently gets the Successor Agency, Housing Authority, and City Council ones.  For each of these City bodies, the first page of every item of the agenda has a box which notes what e-mail list received the agenda and when.  On the other hand, the Oversight Committee has no such box on each agenda item.  Someone took a perfectly good notification procedure, which took years to establish, and deleted it from the Oversight Committee.  For that reason, I did not receive the Oversight Committee’s agenda by e-mail and only by good fortunate discovered it by speaking with a Culver City resident.  When I raised the lack of proper public notification at the May 3 meeting, Mr. Cole replied that because the Oversight Committee is a State Committee, the City’s rules did not apply.  However, on January 9, 2012 Culver City - not the state of California - voted to serve as the Successor Agency.  It is so easy to press the e-mail “sent” button to notify the public of meetings, that to refuse to fulfill this responsibility makes the public suspicious of wrong doing.

2.  All Culver City Commissions and Committees regularly meet at night. The Oversight Committee, however, met at 2:00 p.m., thus preventing most working people and students from attending as well as watching the meeting.  There are many evenings available at the City Council chambers for this monthly committee meeting.

3.  Although there are 7 required members, only 6 - including one who had barely been chosen by the time of the meeting - had been selected by the May 3 meeting.  Thus this gave both the appointed members and the public insufficient time to study and evaluate the crucial topics for this new and complex committee.  All 7 members should have first been selected before taking any business, including the election of officers. 

4.  Mayor Weissman was selected for a position on this Board.  It is wrong to have the same person serving on both an Oversight Committee and the Agency it oversees - the Successor Agency.  Although state law requires the mayor to appoint one member for the city that formed the redevelopment agency, the appointee should not be the mayor due to the conflict that exists when the same person votes both on items as a member of the Successor Agency and then votes later as a member of its Oversight Committee.

5.  This Board was established to provide an independent and fair oversight - to monitor and approve actions - of the Successor Agency to the Redevelopment Agency.  Steve Rose is the full time salaried President of the Culver City Chamber of Commerce.  Many, if not all, of the businesses having a financial interest with the Successor Agency will be members of a Chamber of Commerce.  For those who are members of Culver City’s Chamber of Commerce, a separate and local Chamber of Commerce under its national association, Steve Rose will financially benefit from those Chamber dues paid, some of which goes to his salary and other employee benefits.  A conflict exists whenever a public Board member is the President of an organization who benefits from his vote or who may gain financially. 

6.  Do you want to review the webcast of the meeting of the Oversight Committee?  Unlike the City Council, Housing Authority, Successor Agency, and all City Commissions, you will not find the Oversight Committee’s webcast on Culver City’s webpage because it was not televised.  Although a duplication of the audio tape can be ordered, it will not tell us who was speaking nor is it as easy to follow.
7.  The May 3, 2012 Oversight Committee meeting agenda prepared by City staff recommended passing 2 six month administrative budgets for the Successor Agency, as required by state law, in order to have them later reviewed by the Los Angeles County Auditor-Controller.  The money raised for the budget items will be paid by property taxes.  The proposed yearly budget for 13 part time employees comes to $824,628, including $41,698 for the City Manager who will be employed at a 15% level and $23,283 for the Assistant City Manager who will work at 10% rate. 
     Some members of the public have become suspicious of the controversial Redevelopment Agencies that sometimes helped change blighted areas into positive developments for the community, but other times refused to provide the required affordable housing, developed on land that was not blighted, gave large financial benefits to developers, and approved projects that did not benefit the city.
     It’s time to let the sunshine in.  Publicize the meetings, hold them at night, thoroughly explain the agenda items, and get rid of all actual and apparent conflicts by the Oversight Committee members.  Without the public’s trust, no Committee can properly function.
Gary Silbiger is the Co-Editor of the Culver City Progress Blog and the former Mayor of Culver City.

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