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Home My WebLink About2014-05-05MINUTES 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 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. 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 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 MINUTES REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MAY 5, 2014 y III. ORAL COMMUNICATIONS None 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 Brandl 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 MINUTES 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 Brandt 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: Brandt, 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 Brandt 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: Brandt, 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 MINUTES 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 MINUTES 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 B. 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 16'h instead of the 2nd, and those present confirmed this date change would be acceptable. 5 MINUTES 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: Brandt, Buck, Carver, Jonathan, Larson, and Spiegel; NOES: None; ABSENT: Kinnamon), Chair Spiegel adjourned the meeting at 1:55 p.m. R BERT A. SPIE ATTEST: A,„„„, RAHELLE D. KLASSE , SECRETARY OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 6