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Home My WebLink About2013-04-08MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MONDAY, APRIL 8, 2013 — 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 1:30 p.m. and welcomed new Board Member Dr. Joel Kinnamon, President of College of the Desert. II. ROLL CALL Present: Member Lisa Brandl (representing Riverside Co. Board of Supervisors) Member Heather Buck (Palm Desert RDA former Employee) Member Bill Carver (representing Riverside County) Member Joel Kinnamon (COD, representing Chancellor of California Comm. Colleges) Member Patricia A. Larson (representing Coachella Valley Water District) Chair Robert A. Spiegel (Councilman, City of Palm Desert) Absent: Member Peggy Reyes (representing Riverside County Office of Education) 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 Veronica Tapia, Accountant David Hermann, Management Analyst/Public Information Officer Rachelle D. Klassen, Secretary, Successor Agency -Palm Desert RDA MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY III. ORAL COMMUNICATIONS None IV. APPROVAL OF MINUTES APRIL 8, 2013 A. MINUTES of the February 4, 2013 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 - 037, approving the Minutes of the February 4, 2013, Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Carver and carried by 5-0-1 vote, with Member Kinnamon ABSTAINING and Member Reyes ABSENT. 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 - 038, receiving and filing the Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meetings of January 24, February 14, February 28, and March 14, 2013. Motion was seconded by Member Brandt and carried by 6-0 vote, with Member Reyes ABSENT. B. REPORT ON THE EXECUTIVE DIRECTOR'S EXECUTED CONTRACTS FOR FEBRUARY 2013 AND MARCH 2013 FOR ROUTINE MAINTENANCE AND EMERGENCY MAINTENANCE SERVICES FOR AGENCY PROPERTIES PER OBLIGATIONS LISTED ON THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS). Staff reviewed the report provided in the agenda packets. Member Larson moved to waive further reading and adopt Resolution No. OB - 039, receiving and filing the report on the Executive Director's Summary of Executed Contracts for February 2013 and March 2013 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 Buck and carried by 6-0 vote, with Member Reyes ABSENT. 2 MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APRIL 8, 2013 C. RECEIVE AND FILE CALIFORNIA STATE CONTROLLER'S OFFICE FINAL REPORT RELATIVE TO PALM DESERT REDEVELOPMENT AGENCY ASSET TRANSFER REVIEW PURSUANT TO HEALTH AND SAFETY CODE SECTION 34167.5. Staff reviewed the report provided with the agenda packets. Member Larson moved to waive further reading and adopt Resolution No. OB - 040, acknowledging the receipt of the California State Controller's Office Final Report Relative to the Asset Transfer Review. Motion was seconded by Member Carver and carried by 6-0 vote, with Member Reyes ABSENT. VI. CONTINUED BUSINESS None VII. OLD BUSINESS None VIII. REPORTS AND REMARKS A. CHAIR None B. MEMBERS OF THE OVERSIGHT BOARD None C. SUCCESSOR AGENCY EXECUTIVE DIRECTOR 1. UCR Medical School Property Transfer. Mr. Wohlmuth reported that the 11.5-acre land transfer from Successor Agency to the Palm Desert Redevelopment Agency to UCR for its Medical School/Clinic/Outpatient Facility and for training future doctors received approval through the State Department of Finance (DOF). 2. Regional Access Project (RAP) Settlement Agreement. Mr. Wohlmuth explained that RAP receives funds from County of Riverside to provide Health and Juvenile Services to this part of the County. The 3 MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APRIL 8, 2013 amount provided to RAP through the County is equivalent to the sales tax generated in the Costco Shopping Center as part of an annexation agreement for that site, which generates approximately $1 million to $1.2 million annually. The proposed Settlement Agreement represented a transfer of funds that was not calculated properly after the State initiated its "Triple Flip" formula that exchanged sales tax for property tax. Palm Desert researched the matter and offered a Settlement Agreement for this purpose, which was not approved by Department of Finance (DOF); however, it did approve paying the money to RAP based on the original agreement. The check for approximately $2.7 million was delivered to Riverside County Fourth District Supervisor John Benoit and RAP Executive Director Judee Cox on Friday. 3. San Pablo Avenue Right -of -Way Property Transfer. Mr. Alvarez noted that the subject property was immediately across the street from the Civic Center at the intersection of San Pablo and Fred Waring Drive. Palm Desert has been working with College of the Desert regarding a proposed transfer, given their need for additional space and proximity to the campus; and when it's submitted, the Long -Range Property Management Plan will include this recommendation. He recalled for the Board that at the February meeting, staff requested approval of retaining a sliver of right-of-way on the San Pablo frontage in order to install a right -turn pocket there. Staff has not yet heard back from the State with official approval. As soon as the results are known, an update will be provided. Mr. Wohlmuth added that the City was planning a streets project for this coming summer that is set to include the subject property. 4. Communication with Legislators. Mr. Wohlmuth reported that City staff had been communicating with State Assemblyman Brian Nestande and held a meeting with him here at City Hall. All Coachella Valley cities were invited, and all expressed concern regarding their dealings with the Department of Finance (DOF) in the process of dissolving Redevelopment Agencies. At the time, Palm Desert's main concerns were the UCR Land Transfer and RAP Settlement Agreement (Item Nos. 1 and 2 above), which have subsequently gone through. Ms. Moore went on to relate that a resulting point of focus for the meeting was an effort to develop better definitions of "Public Purpose" and "Governmental Purpose." Palm Desert fleshed out and provided 4 MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APRIL 8, 2013 Assemblyman Nestande with a very comprehensive list of what it felt "Governmental Purposes" were within the scope of all the cities represented to help him explain in Sacramento why "Public Purpose" was just as important as "Governmental Purpose" for something such as public parking. Another issue that resulted in considerable discussion was how the six-month Recognized Obligation Payment Schedule (ROPS) is reviewed, with concern raised over ongoing line item obligations being approved in prior submissions and being disallowed in subsequent submissions, and the jurisdictions would like clarification of that practice. It was hoped that Assemblyman Nestande would take all the information he obtained at the meeting back to Sacramento for consideration. IX. ADJOURNMENT On a motion by Member Buck, second by Member Larson, and 6-0 vote of the Oversight Board, with Member Reyes ABSENT, Chair Spiegel adjourned the meeting at 1:50 p.m. ROBERT A. SPIEGEL,.GHAI ATTEST: RA HELLE D. KLASS _N, SERY OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 5