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Home My WebLink AboutRes OB-031 (2)RESOLUTION NO. OB - 031 A RESOLUTION OF THE OVERSIGHT BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING JANUARY 7, 2013, REGULAR MEETING MINUTES RECITALS: A. Pursuant to Health and Safety Code Section 34179(3), all actions taken by the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency (the "Oversight Board") shall be adopted by resolution. B. There has been presented to this Oversight Board for approval Minutes of its January 7, 2013, Regular Meeting. NOW, THEREFORE, THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The Oversight Board hereby approves Minutes of the January 7, 2013, Regular Meeting, which are made a part hereof and attached hereto as "Exhibit `A'." Section 3. The staff of the Successor Agency is hereby directed to provide the State Department of Finance ("DOF") written notice and information regarding the action taken by the Oversight Board in Section 2 of this Resolution. Such notice and information shall be provided by electronic means and in a manner of DOF's choosing. Section 4. The officers of the Oversight Board and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things that they may deem necessary or advisable to effectuate this Resolution. PASSED, APPROVED, AND ADOPTED this 4th day of February, 2013. AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, SECRETARY OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY ROBERT A. SPIEGEL, CHAIR (vgas,A6ri) BY OVERSIGHq BOARD ON VERIFIED BY Original on file with City Clerk's Office RESOLUTION NO. OB - 031 EXHIBIT A OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MINUTES January 7, 2013, Regular Meeting RESOLUTION N0. OB - 031 DRAFT PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MONDAY, JANUARY 7, 2013 — 1:30 P.M. ADMINISTRATIVE CONFERENCE ROOM - PALM DESERT CIVIC CENTER 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 This Oversight Board has been created pursuant to § 34161 through 34190 of the Health and Safety Code for the sole purpose of overseeing the actions of the Successor Agency to the Palm Desert Redevelopment Agency. In accordance with Health and Safety Code § 34179(h), all Oversight Board actions shall not be effective for five (5) business days, pending a request for review by the State Department of Finance ("Department"). In the event that the Department requests a review of a given Oversight Board action, it shall have 40 days from the date of its request to approve the Oversight Board action or return it to the Oversight Board for reconsideration, and such Oversight Board action shall not be effective until approved by the Department. In the event that the Department retums the Oversight Board action to the Oversight Board for reconsideration, the Oversight Board shall resubmit the modified action for Department approval, and the modified Oversight Board action shall not become effective until approved by the Department. I. CALL TO ORDER Chair Spiegel convened the meeting at 1:30 p.m. II. ROLL CALL Present: Member Lisa Brandt (representing Riverside Co. Board of Supervisors) Member Heather Buck (Palm Desert RDA former Employee) Member Bill Carver (representing Riverside County) Member Patricia A. Larson (representing Coachella Valley Water District) Chair Robert A. Spiegel (Councilman, City of Palm Desert) Absent: Member Edwin Deas (COD, representing Chancellor of California Community Colleges) Member Peggy Reyes (DSUSD, representing Riverside County Office of Education) Also Present: John M. Wohlmuth, Executive Director of the Successor Agency -Palm Desert RDA Jim Grayson, Richards, Watson & Gershon, Successor Agency Counsel Paul S. Gibson, Finance Officer Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Veronica Tapia, Accountant David Hermann, Management Analyst/Public Information Officer Rachelle D. Klassen, Secretary, Successor Agency -Palm Desert RDA RESOLUTION NO. OB - 031 PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY III. ORAL COMMUNICATIONS None IV. APPROVAL OF MINUTES JANUARY 7, 2013 A. MINUTES of the December 3, 2012, Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Member Buck moved to waive further reading and adopt Resolution No. OB - 026. approving the Minutes of the December 3, 2012, Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Member Carver and carried by 4-0-1 vote, with Member Larson ABSTAINING and Members Deas and Reyes ABSENT. V. NEW BUSINESS A. ACTIONS/MINUTES OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY. Member Larson moved to waive further reading and adopt Resolution No. OB - 027, receiving and filing Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meeting of November 15, 2012. Motion was seconded by Member Brandt and carried by 5-0 vote, with Deas and Reyes ABSENT. B. REQUEST FOR APPROVAL OF THE DUE DILIGENCE REVIEW FOR THE NON -HOUSING FUND AND ACCOUNT BALANCES OF THE FORMER PALM DESERT REDEVELOPMENT AGENCY, AND OF ITS TRANSMITTAL IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 34179.5. Staff reviewed the report provided with the agenda packets and offered to answer questions. Member Buck moved to : 1) Waive further reading and adopt Resolution No. OB - 028, approving the Due Diligence Review for the Non -Housing Fund and Account Balances of the former Redevelopment Agency ("Other Funds DDR") conducted pursuant to Health and Safety Code Section 34179.5, as presented; 2) authorize the Successor Agency to the Palm Desert Redevelopment Agency ("Successor Agency") to retain the assets and funds, if any, identified in subparagraphs (B) to (E), inclusive, of paragraph (5) of subdivision (c) of Section 34179.5, as documented in the Other Funds DDR (the "Restricted Assets"); 3) order the transmittal of the Other Funds DDR to the Department of Finance and the County Auditor -Controller. Motion was seconded by Member Carver and carried by 5-0 vote, with Deas and Reyes ABSENT. 2 RESOLUTION NO. OB - 031 PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY JANUARY 7, 2013 C. RECEIVE AND FILE DEPARTMENT OF FINANCE DETERMINATION LETTER RELATIVE TO THE DUE DILIGENCE REVIEW FOR THE LOW- AND MODERATE -INCOME HOUSING FUND IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 34179.5. Staff reviewed the report included in the agenda packets and answered questions. Member Larson moved to waive further reading and adopt Resolution No. OB - 029, receiving and filing the Department of Finance Letter of Determination relative to the Due Diligence Review ("DDR") for the Low- and Moderate -Income Housing Fund ("LMIHF") pursuant to Health and Safety Code Section 34179.5. Motion was seconded by Member Brandl and carried by 5-0 vote, with Deas and Reyes ABSENT. D. RECEIVE AND FILE DEPARTMENT OF FINANCE DETERMINATION LETTER RELATIVE TO THE THIRD RECOGNIZED OBLIGATION PAYMENT SCHEDULE ("ROPS3") FOR THE PERIOD OF JANUARY 1 - JUNE 30, 2013. Staff went over the report provided with the agenda packets and answered questions. Member Larson moved to waive further reading and adopt Resolution No. OB - 030. receiving and filing the Department of Finance Letter of Determination relative to ROPS3. Motion was seconded by Member Brandt and carried by 5-0 vote, with Deas and Reyes ABSENT. VI. CONTINUED BUSINESS None VII. OLD BUSINESS None VIII. REPORTS AND REMARKS A. CHAIR None B. MEMBERS OF THE OVERSIGHT BOARD None 3 RESOLUTION NO. OB - 031 PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY C. SUCCESSOR AGENCY EXECUTIVE DIRECTOR JANUARY 7, 2013 1. Settlement Aareement-Countv of Riverside/Reaional Access Proiect (RAP) Mr. Wohlmuth reported that at the Oversight Board's December 3 Meeting, it approved a Settlement Agreement between the Successor Agency and the County of Riverside, having to do with payment for the County's Regional Access Project (RAP). When the action was reviewed by Department of Finance (DOF), it was suspended for additional information. The City Council and Successor Agency Board also approved the Agreement in the meantime and authorized the Executive Director to execute once clearance was received from DOF. Therefore, he's been working closely with Sacramento to provide the requested information in hopes of ultimate approval of the action. 2. Transfer of 11.5 Acres of Property to University of California. Riverside Mr. Wohlmuth went on to explain that additionally at its December 3 Meeting, a property transfer to University of California, Riverside (UCR), was approved, and that action has also been suspended by DOF for additional review. IX. ADJOURNMENT On a motion by Larson, second by Carver, and 5-0 vote of the Oversight Board, with Deas and Reyes ABSENT, Chair Spiegel adjourned the meeting at 1:55 p.m. ROBERT A. SPIEGEL, CHAIR ATTEST: RACHELLE D. KLASSEN, SECRETARY OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 4