The URL can be used to link to this page

Home My WebLink About2012-03-14MINUTES SPECIAL MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY WEDNESDAY, MARCH 14, 2012 — 2:00 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 three 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 10 days from the date of its request to approve the Oversight Board action or retum 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 The meeting was convened at 2:05 p.m. II. ROLL CALL Present: Absent: Board Member Heather Buck Board Member Lisa Brandl Board Member Bill Carver Board Member Cindy McDaniel Board Member Patricia A. Larson Board Member Robert A. Spiegel Also Present: John M. Wohlmuth, Executive Director of the Successor Agency -Palm Desert RDA William L. Strausz, Richards, Watson & Gershon, Successor Agency Counsel Justin McCarthy, Assistant City Manager Paul S. Gibson, Finance Officer Lauri Aylaian, Director of Community Development Janet Moore, Director of Housing Mark Greenwood, Director of Public Works Veronica Tapia, Accountant Dr. Edwin Deas, Vice President of Business Affairs, College of the Desert Rachelle D. Klassen, Secretary, Successor Agency -Palm Desert RDA III. ORAL COMMUNICATIONS None MINUTES MARCH 14, 2012 SPECIAL MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY IV. APPROVAL OF MINUTES None V. NEW BUSINESS A. INTRODUCTIONS. Board Members and those present introduced themselves, as follows: • Heather Buck, Project Coordinator for the former Palm Desert Redevelopment Agency. • Bob Spiegel, Mayor, City of Palm Desert, and Chairman of the former Palm Desert Redevelopment Agency. • Patricia (Corky) Larson, representing the Coachella Valley Water District. • Rov William (Bill) Carver, retired, appointed by Fourth District Riverside County Supervisor John Benoit. • John Wohlmuth, Executive Director of the Successor Agency to the Palm Desert Redevelopment Agency. • Bill Strausz, with the law firm of Richards, Watson & Gershon, Los Angeles, Counsel to the former Palm Desert Redevelopment Agency and Counsel to the Successor Agency to the Palm Desert Redevelopment Agency. • Rachelle Klassen, Palm Desert City Clerk and Secretary to the Successor Agency to the Palm Desert Redevelopment Agency. • Paul Gibson, Finance Director, City of Palm Desert and Successor Agency to the Palm Desert Redevelopment Agency. • Janet Moore, Director of Housing, City of Palm Desert. • Veronica Tapia, Accountant, former Palm Desert Redevelopment Agency and Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority. • Justin McCarthy, Assistant City Manager, City of Palm Desert and the former Palm Desert Redevelopment Agency. • Dr. Edwin Deas, Vice President of Business Affairs, College of the Desert, potential appointee on behalf of the Chancellor of the California Community Colleges. • Lauri Avlaian, Director of Community Development, City of Palm Desert. • Mark Greenwood, Director of Public Works, City of Palm Desert. • Lori Carney, Human Resources Manager, City of Palm Desert. B. OATH OF OFFICE ADMINISTERED TO OVERSIGHT BOARD MEMBERS. Ms. Klassen administered the Oath of Office to Members Buck, Carver, Larson, and Spiegel; said Oaths are now on file in the Office of the Palm Desert City Clerk/Secretary to the Successor Agency to the Palm Desert Redevelopment Agency. 2 MINUTES MARCH 14, 2012 SPECIAL MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY C. OVERSIGHT BOARD MEETING SCHEDULE. o Suggested dates for Regular Meetings: - 1st Monday of the Month - P.M. - 1st Wednesday of the Month - A.M. or P.M. - 3' Tuesday of the Month - A.M. Following discussion amongst members, the first Monday of the month at 1:30 p.m. was identified as the best choice for scheduling regular meetings of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Member Carver moved to waive further reading and adopt Resolution No. OB-001, establishing the time, day, and place of regular meetings of the Oversight Board to be the first Monday of each month at 1:30 p.m. in the Administrative Conference Room of the Palm Desert Civic Center. Motion was seconded by Member Larson and carried by 4-0 vote, with Brandl and McDaniel ABSENT. D. ELECTION OF OFFICERS. 1) Elect Chair for the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Member Larson nominated Member Spiegel as Chair of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Nomination was seconded by Member Buck and carried by 4-0 vote, with Brandt and McDaniel ABSENT. 2) Authorize the Secretary of the Successor Agency to the Palm Desert Redevelopment Agency to notify the Department of Finance of the elections and Members of the Oversight Board. Member Carver moved to authorize Secretary of the Successor Agency to the Palm Desert Redevelopment Agency Rachelle Klassen to notify the Department of Finance of the elections and Members of the Oversight Board. Motion was seconded by Member Buck and carried by 4-0 vote, with Brandl and McDaniel ABSENT. 3) Designate the Executive Director of the Successor Agency to the Palm Desert Redevelopment Agency as the contact person to the Department of Finance. Member Buck moved to appoint John Wohlmuth as Executive Director to the Oversight Board of the Successor Agency and designate him as the contact person for the Department of Finance. Motion was seconded by Member Spiegel and carried by 4-0 vote, with Brandt and McDaniel ABSENT. 3 MINUTES MARCH 14, 2012 SPECIAL MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY E. REPORT REGARDING ROLE OF THE OVERSIGHT BOARD. Members reviewed the copy of AB 26 provided in their agenda packets and discussed role of the Oversight Board; staff members offered to answer questions. It was noted that clean-up legislation was currently being proposed in Sacramento having to do with ABX1 26 in order to clear up some of the ambiguity and uncertainty in the law. Oversight Board Members inquired about the process for disposing of Successor Agency assets. Further, they asked whether or not there was any provision for legal counsel assigned specifically to the Oversight Board outside of legal counsel the Successor Agency has for itself, which poses a representational conflict; and if legal counsel was secured, who paid for it. With Oversight Board concurrence, the report was received and filed. F. ACTIONS/MINUTES OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY. With Oversight Board concurrence, Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meetings of February 9 and February 23, 2012, were received and filed. G. REQUEST FOR APPROVAL OF THE UNCERTIFIED RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS). Staff noted that AB 26 clearly required that a Successor Agency had to identify obligations and list them on two reports prior to the date of dissolution or date the Governor signed the legislation: 1) Enforceable Obligation Payment Schedule (EOPS) approved by the Redevelopment Agency before dissolution; 2) Recognized Obligation Payment Schedule (ROPS) first approved by the Successor Agency and then the Oversight Board. The first ROPS would be reviewed by the Oversight Board, Department of Finance (DOF), and Riverside County; with the County required to do an audit of the City's activities listed in the subject Schedule. DOF has already provided feedback following Successor Agency's approval of the ROPS, requesting review of agreements and related documentation for certain line items. There is some confusion regarding application of the law, after the Supreme Court decision on December 29, 2011, and subsequent delay of certain deadlines in the law; whereas, submission of the Certified ROPS to DOF must occur by April 15. However, Palm Desert was informed that Riverside County cannot physically perform the required certification by that date. Therefore, the Department of Finance requirement and the legislation have been extended so that the County has until July 1 to perform certification. Additionally, DOF has clarified that it is acceptable to take an uncertified ROPS to the Oversight Board for review and approval prior to County certification. It was pointed out that there are four Project Areas listed in the Schedule, with bonded indebtedness being listed as the first section in each 4 MINUTES MARCH 14, 2012 SPECIAL MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY Project Area, followed by obligations —existing contracts, administrative costs, etc. Certain costs of the Oversight Board were not included, but it does include costs of the meetings being held, such as today's. Staff offered to answer questions. Oversight Board Members went through pages of the ROPS and asked questions about obligations for the Project Areas, how they would be paid, and how Pass - through amounts would be handled. For the next meeting, staff agreed to provide a Project Area Map of the Redevelopment Agency as it existed prior to dissolution to better illustrate where the obligations came from. Further, staff noted that the ROPS defined money to be paid; it did not identify money to be received or transactions related to land, and those matters will be separate considerations for the Oversight Board. Board Members requested a Tine -by-line review of the ROPS at the next meeting. Member Larson moved to continue approval of the Uncertified Recognized Obligation Payment Schedule (ROPS) to the next meeting. Motion was seconded by Member Carver and carried by 4-0 vote, with Brandt and McDaniel ABSENT. VI. CONTINUED BUSINESS None VII. OLD BUSINESS None VIII. REPORTS AND REMARKS A. CHAIR None B. MEMBERS OF THE OVERSIGHT BOARD 1. Member Carver commented he was glad to see that AB 26 provided the Oversight Board with personal immunity from suit with regard to any actions they take as Members of this Board. 2. Ms. Klassen noted that along with the packet that she provided to Board Members where the Oath of Office was the first page, it also contained a letter, requesting an Assuming Office Statement of Economic Interests - Form 700 from each appointed, voting Board Member. She noted that Members of the Board have full economic disclosure requirements, and she was available to answer questions as needed. 5 MINUTES MARCH 14, 2012 SPECIAL MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY IX. ADJOURNMENT Upon a motion by Member Larson, second by Member Carver, and 4-0 vote of the Oversight Board, Chair Spiegel adjourned the meeting at 2:55 p.m. ATTEST: fr Al I RA' HELVE D. KLASS , SECRETARY' OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 1_612r4N-# ROBERT A. SPIE EL, C !AIR 6