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Home My WebLink About2012-10-01MINUTES REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MONDAY, OCTOBER 1, 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 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 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 1:31 p.m. II. ROLL CALL Present: Member Heather Buck (Palm Desert RDA former Employee) Member Bill Carver (representing Riverside County) Member Patricia A. Larson (representing Coachella Valley Water District) Member Peggy Reyes (DSUSD, representing Riverside County Office of Education) Chair Robert A. Spiegel (Mayor, City of Palm Desert) Absent: Member Lisa Brandt (representing Riverside Co. Board of Supervisors) Member Edwin Deas (COD, representing Chancellor of California Community Colleges) 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 Mark Greenwood, Director of Public Works J. Luis Espinoza, Assistant Finance Director Veronica Tapia, Accountant 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 OCTOBER 1, 2012 A. MINUTES of the August 20, 2012, Adjourned Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Member Larson moved to waive further reading and adopt Resolution No. OB - 011, approving the Minutes of the August 20, 2012, Adjourned Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Member Buck and carried by 5-0 vote, with Brandt and Deas 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 - 012, receiving and filing Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meetings of July 12 and August 23, 2012. Motion was seconded by Member Carver and carried by 5-0 vote, with Brandl and Deas ABSENT. B. REPORT ON THE EXECUTIVE DIRECTOR'S EXECUTED CONTRACTS FOR AUGUST AND SEPTEMBER 2012 FOR ROUTINE MAINTENANCE AND EMERGENCY MAINTENANCE SERVICES FOR AGENCY PROPERTIES PER OBLIGATIONS LISTED ON THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE. Member Carver moved to waive further reading and adopt Resolution No. OB - 013, receiving and filing the report on the Executive Director's Executed Contracts for August and September 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 Reyes and carried by 5-0 vote, with Brandi and Deas ABSENT. C. AGREED -UPON PROCEDURES AUDIT COMPLETED BY THE COUNTY OF RIVERSIDE IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 34182(a)(1). Staff highlighted the written report provided in the agenda packets. 2 MINUTES REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY OCTOBER 1, 2012 Member Buck moved to waive further reading and adopt Resolution No. OB - 014, receiving and fling the County of Riverside Auditor Controller's Agreed -upon Procedures Audit. Motion was seconded by Carver and carried by 5-0 vote, with Brandl and Deas ABSENT. D. RECEIVE AND REVIEW THE DUE DILIGENCE REVIEW FOR THE LOW- AND MODERATE -INCOME HOUSING FUND IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 34179.5 AND CONVENE THE PUBLIC COMMENT SESSION. MR. NITIN PATEL, representing the firm of White Nelson Diehl Evans LLP, Certified Public Accountants & Consultants, Irvine, CA, provided a brief summary of the Agreed -upon Procedures his firm completed in accordance with Section 34179.5 of the Health and Safety Code. Chair Spiegel declared the public comment session to be open.. With no public comment offered, he declared the public comment session closed. Member Buck moved to waive further reading and adopt Resolution No. OB - 015, acknowledging the receipt of the review of the Low- and Moderate -Income Housing Fund conducted pursuant to Health and Safety Code Section 34179.5. Motion was seconded by IMMO Member Larson and carried by 5-0 vote, with Brandl and Deas ABSENT. 1.1111.4.11, E REQUEST FOR APPROVAL OF A RECIPROCAL ACCESS AND WALL AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT, AND THE PALM DESERT COUNTRY CLUB VILLAS (CONTRACT NO. C32150). Staff reviewed the report provided with the agenda packets and answered questions. Member Buck noted for the record that she would be abstaining from the vote on this matter due to her involvement with the Carlos Ortega Villas Project as a City of Palm Desert employee. Member Carver moved to waive further reading and adopt Resolution No. OB - 016, approving the Reciprocal Access and Wall Agreement, substantially as to form, and authorizing the Chairman to execute the finalized Agreement as approved by Successor Agency Counsel. Motion was seconded by Member Larson and carried by 4-0-1 vote, with Member Buck ABSTAINING, Brandl and Deas ABSENT. VI. CONTINUED BUSINESS None 3 MINUTES REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY VII. OLD BUSINESS None VIII. REPORTS AND REMARKS A. CHAIR OCTOBER 1, 2012 Chair Spiegel noted that the Oversight Board's next meeting would be next Monday, October 8, at 1:30 p.m. B. MEMBERS OF THE OVERSIGHT BOARD Member Carver asked questions about the Low- and Moderate -Income Housing Fund review, and staff responded. C. EXECUTIVE DIRECTOR None IX. ADJOURNMENT Upon a motion by Member Larson, second by Member Carver, and 5-0 vote of the Oversight Board, with Brandl and Deas ABSENT, Chair Spiegel adjourned the meeting at 2:04 p.m. •ii-erd'/ mac ROBERT A. SPIEC3"EL, ATTEST: RA' HELLE D. KLASSE , SE.CRETARY OVERSIGHT" BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 4