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HomeMy WebLinkAboutRes OB-074 (2)RESOLUTION NO. OB - 074 A RESOLUTION OF THE OVERSIGHT BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING MAY 5, 2014, 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 May 5, 2014, 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 May 5, 2014, 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 16th day of June, 2014. 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 (5-0-1 1<„nna n 146s71;111 tn16-,\ f atiBY OVERSIGHTBOARD 1 ON C,-1 c— I LF i OP VERIFIED B r---) Original on file with City Clerk's Office RESOLUTION NO. OB - 074 EXHIBIT A OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MINUTES May 5, 2014, Regular Meeting RES. NO. OB-074 DRAFT PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MONDAY, MAY 5, 2014 — 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 returns 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 Wendy Jonathan (DSUSD, representing Riverside County Office of Education) arrived at 1:35 p.m. Member Patricia A. Larson (representing Coachella Valley Water District) arrived at 1:35 p.m. Chair Robert A. Spiegel (Councilman, City of Palm Desert) Absent: Member Joel Kinnamon (COD, representing Chancellor of California Comm. Colleges) Also Present: John M. Wohlmuth, Executive Director of the Successor Agency -Palm Desert RDA William L. Strausz, Richards, Watson & Gershon, Successor Agency Counsel Rudy P. Acosta, Assistant City Manager 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, Management Analyst II David Hermann, Management Analyst/P.I.O. Rachelle D. Klassen, Secretary, Successor Agency -Palm Desert RDA RES. NO. OB-074 PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY III. ORAL COMMUNICATIONS None MAY 5, 2014 Chair Spiegel introduced City of Palm Desert's new Assistant City Manager Rudy Acosta to the Board. He added that Mr. Acosta will be taking over the duties associated with the former Palm Desert Redevelopment Agency and Economic Development responsibilities going forward. IV. APPROVAL OF MINUTES A. MINUTES of the February 24, 2014, Adjourned Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Chair Spiegel and Member Brandt stated they would abstain from the vote on this item due to their absence from the February 24, 2014, Adjourned Regular Meeting. Member Buck moved to waive further reading and adopt Resolution No. OB - 068, approving the Minutes of the February 24, 2014, Adjourned Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Member Carver and FAILED to pass by a majority of the membership of the Board, on a 2-0-2 vote (AYES: Buck and Carver; NOES: None; ABSTAINING: Brandi and Spiegel; ABSENT: Jonathan, Kinnamon, and Larson), with the item then being continued. Later in the proceedings, with Members Jonathan and Larson present, the item was again taken up and received the following action. Member Buck moved to waive further reading and adopt Resolution No. OB - 068, approving the Minutes of the February 24, 2014, Adjourned Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Member Jonathan and carried on a 4-0-2 vote (AYES: Buck, Carver, Jonathan, and Larson; NOES: None; ABSTAINING: Brandi and Spiegel; ABSENT: Kinnamon). V. NEW BUSINESS A. ACTIONS/MINUTES OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY. Member Buck moved to waive further reading and adopt Resolution No. OB - 069, receiving and filing Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meetings of January 23, February 13, February 27, March 13, and March 27, 2014. Motion was seconded by Member Carver and carried by 4-0 vote (AYES: Brandt, Buck, Carver, and Spiegel; NOES: None; ABSENT: Jonathan, Kinnamon, and Larson). 2 RES . NO. OB-074 PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MAY 5, 2014 B. REPORT ON THE EXECUTIVE DIRECTOR'S EXECUTED CONTRACTS FOR JANUARY, FEBRUARY, MARCH, AND APRIL 2014 FOR ROUTINE MAINTENANCE AND EMERGENCY MAINTENANCE SERVICES FOR AGENCY PROPERTIES PER OBLIGATIONS LISTED ON THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS). Staff reviewed the printed staff report and offered to answer questions. Member Brandl moved to waive further reading and adopt Resolution No. OB - 070, receiving and filing the report on the Executive Director's Summary of Executed Contracts for January, February, March, and April 2014 for Routine Maintenance and Emergency Maintenance Services for Agency Properties per obligations listed on the Recognized Obligation Payment Schedule (ROPS). Motion was seconded by Member Carver and carried by 4-0 vote (AYES: Brandl, Buck, Carver, and Spiegel; NOES: None; ABSENT: Jonathan, Kinnamon, and Larson). C. REQUEST FOR APPROVAL OF THE DISTRICT 12 (TAMARISK) UTILITY UNDERGROUNDING PROJECT BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS. Staff reviewed the printed staff report provided with the agenda packets and answered questions about the request and the project. Note: Members Jonathan and Larson each arrived at 1:35 p.m. Member Brandl moved to waive further reading and adopt Resolution No. OB - 071, approving the execution of a District 12 (Tamarisk) Utility Undergrounding Project Bond Proceeds Funding Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and the City of Palm Desert. Motion was seconded by Member Carver and carried by 6-0 vote (AYES: Brandl, Buck, Carver, Jonathan, Larson, and Spiegel; NOES: None; ABSENT: Kinnamon). D. REQUEST FOR APPROVAL OF THE BOND PROCEEDS FUNDING AGREEMENT IN AN AMOUNT NOT TO EXCEED 25% OF THE TOTAL PROJECT COSTS FOR THE PORTOLA AVENUE / INTERSTATE 10 INTERCHANGE PROJECT BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, AND CITY OF PALM DESERT (CONTRACT NO. C33520). Staff reviewed the printed report provided with the agenda packets and answered questions about the project. Member Larson moved to waive further reading and adopt Resolution No. OB - 072, approving the execution and delivery of a Bond Proceeds Funding Agreement in an amount not to 3 RES. NO. OB-074 PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MAY 5, 2014 exceed 25% of the total project costs for the Portola Avenue/I-10 Interchange Project by the Coachella Valley Association of Governments (CVAG), Successor Agency to the Palm Desert Redevelopment Agency, and City of Palm Desert (Contract No. C33520), and taking certain related actions therewith. Motion was seconded by Member Buck and carried by 6-0 vote (AYES: Brandt, Buck, Carver, Jonathan, Larson, and Spiegel; NOES: None; ABSENT: Kinnamon). VI. CONTINUED BUSINESS A. MINUTES OF THE OCTOBER 7, 2013, REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (Continued from the meeting of February 24, 2014). Member Larson moved to waive further reading and adopt Resolution No. OB - 059, approving the Minutes of the October 7, 2013, Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Carver and carried by4-0-2 vote (AYES: Brandt, Carver, Larson, and Spiegel; NOES: None; ABSTAINING: Buck and Jonathan; ABSENT: Kinnamon). VII. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE 2ND REVISION OF THE LONG-RANGE PROPERTY MANAGEMENT PLAN FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY. Staff reviewed the item, including handing out a revised version of Resolution No. OB - 073 from that provided in the packets. The new Resolution contained changes, first being correction of non -substantive typographical errors, as requested by the Department of Finance (DOF) to finalize the Long-range Property Management Plan. Secondly, the last item requested to be addressed by the DOF has to do with disposition strategy/category of "Government Use" for two parcels (APNs 627-102-017 and 627-102-019) adjacent to the Joslyn Senior Center for its future expansion. Original intent was to dedicate the two parcels to the City and then to the Joslyn for this expansion; but even though this matter was discussed and generally understood and accepted as the direction, no formal action was taken by either the former Redevelopment Agency or by the City Council to memorialize it. Mr. Wohlmuth discussed the issue with the City of Palm Desert's two other Joint Powers Agreement partners for the Center, the Cities of Indian Wells and Rancho Mirage, who agreed it was certainly "Government Use." The DOF's Director in Sacramento was then contacted about it and subsequently advised that the Palm Desert City Council could now adopt a resolution (copy handed out to the Board at the meeting), which is being presented at the regular meeting of May 8, that commits this property for the future Senior Center expansion pursuant to its master 4 RES. NO. OB-074 PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MAY 5, 2014 plan. Then if the resolution is approved, that it be forwarded to the State to confirm this "Government Use" designation. If the Oversight Board now approves all these changes as presented, they would be the final ones necessary to get the Long-range Property Management Plan approved by DOF. Further discussion ensued about the processes that need to occur for both of the Joslyn Senior Center properties, along with the remainder of properties listed on the Successor Agency's Long-range Property Management Plan, following DOF final approval. Member Larson moved to waive further reading and adopt the revised Resolution No. OB - 073, approving the 2nd Revision of the Long-range Property Management Plan for the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Member Buck and carried by 6-0 vote (AYES: Brandt, Buck, Carver, Jonathan, Larson, and Spiegel; NOES: None; ABSENT: Kinnamon). VIII. REPORTS AND REMARKS A. CHAIR None MEMBERS OF THE OVERSIGHT BOARD None C. SUCCESSOR AGENCY EXECUTIVE DIRECTOR With regard to the date of the next Oversight Board Meeting, staff requested Board Members to see if their schedules would permit holding the June 2014 meeting on the 16th instead of the 2"d, and those present confirmed this date change would be acceptable. 5 RES. NO. OB-074 PRELIMINARY MINUTES DRAFT REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY IX. ADJOURNMENT MAY 5, 2014 Upon a motion by Spiegel, second by Larson, and 6-0 vote of the Board (AYES: Brandl, Buck, Carver, Jonathan, Larson, and Spiegel; NOES: None; ABSENT: Kinnamon), 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 6