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HomeMy WebLinkAboutRes OB-042 (2)RESOLUTION NO. OB - 042 A RESOLUTION OF THE OVERSIGHT BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, RECEIVING AND FILING MINUTES OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETINGS OF MARCH 28, APRIL 11, APRIL 25, AND MAY 9, 2013 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, receiving and filing of Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meetings of March 28, April 11, April 25, and May 9, 2013. 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 receiving and filing Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meetings of March 28, April 11, April 25, and May 9, 2013, 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 24th day of June, 2013. AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, CHAIR ATTEST: �S `4QS6t4Tj BY OVERS HT BOARD ON— a-`-E — 2271'3 RACHELLE D. KLASSEN, SECRETARY VERIFIED BY. OVERSIGHT BOARD OF THE SUCCESSOR AGENCY Original on file with City Clerk's Office TO THE PALM DESERT REDEVELOPMENT AGENCY RESOLUTION NO. OB - 042 EXHIBIT A SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MINUTES March 28, 2013 April 11, 2013 April 25, 2013 May 9, 2013 2 RES. NO. OB - 042 MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY THURSDAY, MARCH 28, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chair Harnik convened the meeting at 3:00 p.m. 11. ROLL CALL Present: Director Jean M. Benson Director Robert A. Spiegel Director Van G. Tanner Director Susan Marie Weber Chair Jan C. Harnik Also Present: John M. Wohlmuth, Executive Director Robert W. Hargreaves, Assistant City Attorney Rachelle D. Klassen, Secretary Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: None RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 28, 2013 With Successor Agency Board concurrence, Chair Hamik adjourned the meeting to Closed Session of the City Council at 3:02 p.m. She reconvened the meeting at 4:01 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the March 14, 2013, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrant Nos. 182SA and 187SA. Rec: Approve as presented. Upon a motion by Spiegel, second by Tanner, and 5-0 vote of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. NEW BUSINESS None 2 RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 28, 2013 X. CONTINUED BUSINESS None XL OLD BUSINESS None XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, SUCCESSOR AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. SUCCESSOR AGENCY COUNSEL None C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY None XIV. ORAL COMMUNICATIONS - C None XV. ADJOURNMENT Upon a motion by Spiegel, second by Tanner, and unanimous vote of the Successor Agency Board, Chair Harnik adjourned the meeting at 4:51 p.m. LLE D. KLASS, SECRETAR SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 1 L L 4F JAN C. HARNIK, CHAIR 3 RES. NO. OB - 042 THIS PAGE LEFT INTENTIONALLY BLANK. RES. NO. OB - 042 MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY THURSDAY, APRIL 11, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chair Hamik convened the meeting at 3:00 p.m. II. ROLL CALL Present: Vice Chair Jean M. Benson Director Robert A. Spiegel arrived at 3:12 p.m. Director Van G. Tanner Director Susan Marie Weber arrived at 3:04 p.m. Chair Jan C. Harnik Also Present: John M. Wohlmuth, Executive Director David J. Erwin, City Attomey Rachelle D. Klassen, Secretary Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Casey Hartman, Batt. Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Michael Bianco, Admin. Sgt., Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: None RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 11, 2013 With Successor Agency Board concurrence, Chair Hamik adjourned the meeting to Closed Session of the City Council at 3:05 p.m. She reconvened the meeting at 4:04 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION, None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the March 28, 2013, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrant Nos. 192SA and 197SA. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of February 2013 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. Upon a motion by Spiegel, second by Benson, and 5-0 vote of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None 2 RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 11, 2013 IX. NEW BUSINESS None X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, SUCCESSOR AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR University Planning Committee / State Department of Finance (DOF) — Mr. Wohlmuth referred back to the note during the City Clerk's Reports on today's City Council Meeting Agenda (Section XVIII - Item C) about the University Planning Committee Meeting scheduled for April 25 at 2:00 p.m. He added that Meeting will discuss the UCR Land Transfer, for which the related Disposition and Development Agreement identifies a process. Even though DOF has approved it, the City needs to go through its process in order to formally transfer the land to UCR. At the same meeting, it is the intent to discuss the Cal State property so that at some point in the very near future, it can be transferred to them as well. Secondly, he said Palm Desert received DOF's response on the Due Diligence Review for the Redevelopment Agency (DDR-RDA), which was performed following the Due Diligence Review done and already approved for the Housing aspect of Redevelopment. Staff will be meeting and conferring with DOF on the DDR-RDA, as there are some significant problems, including what staff believes to be a multi -million dollar mistake by DOF. He will keep the City Council/Successor Agency Board informed as staff goes through this process. In response to question about the University Planning Committee, he said that the Disposition and Development Agreement provides for the Mayor and President of Cal State to select the Committee Chair, and the Mayor and the CSUSB- Palm Desert Campus Dean, through CSUSB's President, let him know that they would like Dr. Bill Kroonen to serve in this capacity. He confirmed that Dr. Kroonen had accepted this invitation. 3 RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING B. SUCCESSOR AGENCY COUNSEL None CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY None XIV. ADJOURNMENT APRIL 11, 2013 Upon a motion by Spiegel, second by Weber, and unanimous vote of the Successor Agency Board of Directors, Chair Hamik adjourned the meeting at 7:12 p.m. ATTEST: (! (L/Wr6A-- JAN C. H NIK, CHAIR RACC-IELLE D. KLASSEN, S CRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 4 RES. NO. OB - 042 MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY THURSDAY, APRIL 25, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chair Harnik convened the meeting at 3:00 p.m. II. ROLL CALL Present: Vice Chair Jean M. Benson Director Robert A. Spiegel Director Van G. Tanner Director Susan Marie Weber Chair Jan C. Harnik Also Present: John M. Wohlmuth, Executive Director David J. Erwin, City Attorney Rachelle D. Klassen, Secretary Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Mary P. LaCross, Administrative Secretary III. ADJOURN TO CLOSED SESSION Request for Closed Session: None RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 25, 2013 On a motion by Spiegel, second by Tanner, and 5-0 vote of the Successor Agency Board, Chair Harnik adjourned the meeting to Closed Session of the City Council at 3:03 p.m. She reconvened the meeting at 4:01 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular April 11, 2013, Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrant No. 202SA. Rec: Approve as presented. On a motion by Spiegel, second by Weber, and 5-0 vote of the Successor Agency Board of Directors, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. NEW BUSINESS None 2 RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 25, 2013 X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, SUCCESSOR AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Wohlmuth thanked the Successor Agency Board/City Councilmembers for participating in the University Planning Committee Meeting earlier this afternoon, serving to move the Cal State and UCR (University of California, Riverside) projects one step closer to a full Cal State Palm Desert and a Medical School facility on the properties. B. SUCCESSOR AGENCY COUNSEL None C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY None XIV. ORAL COMMUNICATIONS - C None 3 RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING XV. ADJOURNMENT APRIL 25, 2013 On a motion by Spiegel, second by Tanner, and unanimous vote of the Successor Agency Board, Chair Harnik adjourned the meeting at 4:46 p.m. ATTEST: RA HELLE D. K SEN; SECRETAR SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AN C. HANIK, CHAIR 4 RES. NO. OB - 042 MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY THURSDAY, MAY 9, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chair Harnik convened the meeting at 3:05 p.m. II. ROLL CALL Present: Vice Chair Jean M. Benson Director Robert A. Spiegel Director Van G. Tanner Director Susan Marie Weber Chair Jan C. Harnik Also Present: John M. Wohlmuth, Executive Director David J. Erwin, City Attorney Rachelle D. Klassen, Secretary Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Bill Hunley, Div. Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Casey Hartman, Batt. Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Kevin Vest, Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: None MAY 9, 2013 With Successor Agency Board concurrence, Chair Harnik adjourned the meeting to Closed Session of the City Council at 3:06 p.m. She reconvened the meeting at 4:01 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the April 25, 2013, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrant Nos. 206SA and 211 SA. Rec: Approve as presented. Upon a motion by Spiegel, second by Tanner, and 5-0 vote of the Successor Agency Board of Directors, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None 2 RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 9, 2013 IX. NEW BUSINESS None X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, SUCCESSOR AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Wohlmuth reported that the Successor Agency to the Palm Desert Redevelopment Agency, as required by law, performed a Due Diligence Review (DDR) for what are known as "RDA - Other Funds" about two months ago. This was in addition to the separate DDR performed for Housing Funds about six months ago. Through its auditor, Palm Desert identified in the DDR - RDA -Other Funds that it owed the State of California slightly over $8 million. However, State Department of Finance's (DOF) determination was that Palm Desert owed $47.5 million. Palm Desert had already been communicating with DOF staff, indicating that we felt they'd made a mistake. So in the Meet & Confer process with DOF over these different figures, Palm Desert asked DOF to: 1) Correct the $17 million mistake; 2) allow Palm Desert to keep an additional $15 million cash on hand in order to pay debt service and protect Project Area No. 1 bonds. He explained that this had to do with the "cap" on Project Area No. 1. In the Meet & Confer process, DOF agreed to the $17 million mistake but disagreed on Palm Desert's need to retain $15 million cash. Therefore, at this time, Palm Desert owes the State of California $28.2 million, which will be wired to the Riverside County Auditor -Controller tomorrow, along with a letter explaining our position. Following the Meet & Confer, he'd also sent a letter of objection to DOF on the $15 million issue and "cap" on Project Area No. 1 bonds; DOF's position is that the "cap" is gone, which Palm Desert requested be confirmed in its letter to DOF. Summarizing, he said that Palm Desert is sending $28.2 million to the County to be spread amongst the taxing entities and will continue to work with DOF on the disposition and payment of Project Area No. 1 bonds. Responding to question, he said the City has enough money to make the payment; however, 3 RES. NO. OB - 042 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 9, 2013 while not an immediate issue of making debt service payments, it will become one in future years. He added that staff will be analyzing all of this and providing information to the Successor Agency Board in hopes of receiving the Finding of Completion (FOC) from the State, which is the ultimate goal so that existing bond proceeds can be used for identified projects (e.g. Carlos Ortega Villas Housing Project, Portola Interchange, Utility Undergrounding, etc.). Additionally, he said staff will continue to review health of the bonds, how much is needed for repayment, and whether or not there is adequate revenue that will be generated to the RPTTF (Redevelopment Property Tax Trust Fund). Further, staff will be discussing priorities with City Council/Successor Agency Board about where the bond proceeds can be used without adding new projects to the bond list. It was his understanding that The Desert Sun was preparing an upcoming article on these developments. B. SUCCESSOR AGENCY COUNSEL None C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY None XIV. ADJOURNMENT On a motion by Spiegel, second by Tanner, and 5-0 vote of the Successor Agency Board, Chair Harnik adjourned the meeting at 6:03 p.m. ATTEST: 4411111....,.. _02 ..‘.P.-11"41":0 RA7 ELLE D. KLASSEN'SECRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY '6-eL.— JAN C. HARNIK, CHAIR 4