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Home My WebLink About2012-12-03MINUTES REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MONDAY, DECEMBER 3, 2012 — 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 Edwin Deas (COD, representing Chancellor of California Community Colleges) Member Peggy Reyes (DSUSD, representing Riverside County Office of Education) Chair Robert A. Spiegel (Mayor, City of Palm Desert) Absent: Member Patricia A. Larson (representing Coachella Valley Water District) Also Present: John M. Wohlmuth, Executive Director of the Successor Agency -Palm Desert RDA William L. Strausz, Richards, Watson & Gershon, Successor Agency Counsel Paul S. Gibson, Finance Officer Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Housing J. Luis Espinoza, Assistant Finance Director Veronica Tapia, Accountant David Hermann, Management Analyst/Public Information Officer Rachelle D. Klassen, Secretary, Successor Agency -Palm Desert RDA MINUTES REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY III. ORAL COMMUNICATIONS None IV. APPROVAL OF MINUTES DECEMBER 3, 2012 A. MINUTES of the October 1, 2012, Regular Meeting and the October 8, 2012, Special Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Member Buck moved to waive further reading and adopt: 1) Resolution No. OB - 019, approving the Minutes of the October 1, 2012, Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency; 2) Resolution No. OB - 020, approving the Minutes of the October 8, 2012, Special Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Member Reyes and carried by 6-0 vote, with Larson ABSENT. V. NEW BUSINESS A. ACTIONS/MINUTES OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY. Member Carver moved to waive further reading and adopt Resolution No. OB - 021, receiving and filing Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meetings of September 13, September 27, October 11, and October 25, 2012. Motion was seconded by Member Deas and carried by 6-0 vote, with Larson ABSENT. B. REPORT ON THE EXECUTIVE DIRECTOR'S EXECUTED CONTRACTS FOR OCTOBER 2012 AND NOVEMBER 2012 FOR ROUTINE MAINTENANCE AND EMERGENCY MAINTENANCE SERVICES FOR AGENCY PROPERTIES PER OBLIGATIONS LISTED ON THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE. Staff reviewed the report provided with the packets. Member Reyes moved to waive further reading and adopt Resolution No. OB - 022, receiving and filing the report on the Executive Director's Summary of Executed Contracts for October 2012 and November 2012 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 6-0 vote, with Larson ABSENT. 2 MINUTES REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DECEMBER 3, 2012 C. RECEIVE AND REVIEW THE DUE DILIGENCE REVIEW FOR THE OTHER FUNDS OF THE FORMER REDEVELOPMENT AGENCY IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 34179.5 AND CONVENE THE PUBLIC COMMENT SESSION. Staff offered that Auditor Nitin Patel was present today to provide a brief overview of the audit conducted. Additionally, it was noted that a revised draft summary of the audit was provided to Board Members upon their arrival at today's meeting. MR. NITIN PATEL, representing the firm of White Nelson Diehl Evans LLP, Certified Public Accountants & Consultants, Irvine, CA, offered a short report on the Agreed -upon Procedures his firm completed in the subject Due Diligence Review (DDR) of All Other Funds of the Palm Desert Redevelopment Agency and highlighted the changes that were so noted in the revised draft summary provided today. Chair Spiegel declared the public comment session to be open.. No public comment was offered. Member Brandl moved to waive further reading and adopt Resolution No. OB - 023, acknowledging receipt of the review of the Other Funds of the former Redevelopment Agency conducted pursuant to Health and Safety Code Section 34179.5. Motion was seconded by Member Buck and carried by 6-0 vote, with Larson ABSENT. D. REQUEST FOR AUTHORIZATION FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY TO CONVEY A PORTION OF PROPERTY KNOWN AS A.P.N. 694-160-003 / PARCEL B (11.5 ACRES) TO THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (UCR) AS PUBLIC USE LAND, PURSUANT TO EXISTING OPTION AGREEMENT. Staff reviewed the report provided with the agenda packets and noted that several representatives from the University of California, Riverside, were in attendance today to offer further information if desired. MS. JOCELYN NAKASHIGE, Senior Associate Dean, Finance & Administration, University of California, Riverside, School of Medicine (UCR-SM) made a summary presentation regarding the information provided in the agenda packets involving the scope of UCR-SM's plans for re -purposing the existing property and for the subject 11.5-acre option parcel for the School of Medicine. She also introduced the rest of the UCR representatives in attendance: Kevin McGuire, Special Assistant to the Chancellor for the Coachella Valley; Steve Barclay, Clinical Consultant for Development of the Capital Program; Tim Ralston, Associate Vice Chancellor for Capital Programs and Development; Tamara Hedges, Chief 3 MINUTES REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DECEMBER 3, 2012 Operating Officer for the Palm Desert Campus; and Eileen Packard, UCR's guest and supporter from the HARC. Member Carver moved to waive further reading and adopt Resolution No. OB - 024, authorizing the conveyance of a portion of real property known as APN 694-160-003 / Parcel B (11.5 acres) from the Successor Agency to the Palm Desert Redevelopment Agency to the Regents of the University of California (UCR) as public use land, pursuant to existing Option Agreement. Motion was seconded by Member Brandl and carried by 6-0 vote, with Larson ABSENT. E. REQUEST FOR APPROVAL OF THE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT AMONG THE COUNTY OF RIVERSIDE, THE CITY OF PALM DESERT, AND THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY. Staff provided a review of the report provided within the agenda packets and offered to answer questions. Member Buck moved to waive further reading and adopt Resolution No. OB - 025, approving the Settlement, Release and Indemnity Agreement Among the County of Riverside, the City of Palm Desert, and the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Member Deas and carried by 6-0 vote, with Larson ABSENT. VI. CONTINUED BUSINESS None VII. OLD BUSINESS None VIII. REPORTS AND REMARKS A. CHAIR Chair Spiegel wished all a very happy holiday season. B. MEMBERS OF THE OVERSIGHT BOARD In answer to question, staff responded that approval of the Due Diligence Review of All Other Funds of the former Redevelopment Agency would be on the next regular meeting agenda, scheduled for Monday, January 7, at 1:30 p.m. It must be approved by the Oversight Board and delivered to the Department of Finance by January 15. 4 MINUTES REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY IX. ADJOURNMENT DECEMBER 3, 2012 Upon a motion by Member Reyes, second by Member Carver, and 6-0 vote of the Oversight Board, with Larson ABSENT, Chair Spiegel adjourned the meeting at 2:00 p.m. ATTEST: R E LE D. KLASSEN, ECRETARY OVERSIGI-';T BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 5