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Home My WebLink About2015-02-23MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MONDAY, FEBRUARY 23, 2015 — 1:30 P.M. NORTH WING 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 1:31 p.m. II. ROLL CALL Present: 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 Dist.) arrived 1:33 p.m. Member Anna Rodriguez (representing Riverside Co. Board of Supervisors) Chair Robert A. Spiegel (Mayor Pro Tem, City of Palm Desert) Absent: Member Wendy Jonathan (DSUSD, 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 Rudy P. Acosta, Assistant City Manager Paul S. Gibson, Finance Officer Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Ryan Stendell, Senior Management Analyst Veronica Tapia, Management Analyst II J. Luis Espinoza, Assistant Finance Director 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 FEBRUARY 23, 2015 A. MINUTES of the January 12, 2015, Adjourned Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Member Buck moved to waive further reading and adopt Resolution No. OB - 111, approving Minutes of the January 12, 2015, Adjourned Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Member Carver and carried by 4-0-1 vote (AYES: Buck, Carver, Rodriguez, and Spiegel; NOES: None; ABSTAINING: Kinnamon; ABSENT: Jonathan and Larson). 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 - 112, receiving and filing Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meetings of December 11, 2014, and January 8, 2015. Motion was seconded by Member Rodriguez and carried by 5-0 vote (AYES: Buck, Carver, Kinnamon, Rodriguez, and Spiegel; NOES: None; ABSENT: Jonathan and Larson). B. REPORT ON THE EXECUTIVE DIRECTOR'S EXECUTED CONTRACTS FOR JANUARY AND FEBRUARY 2015 FOR ROUTINE MAINTENANCE SERVICES FOR AGENCY PROPERTIES PER OBLIGATIONS LISTED ON THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE. Note: Member Larson arrived at 1:33 p.m. Staff reviewed the printed report provided for this item and offered to answer questions. In response to question about one of the Successor Agency properties listed on subject report located at 42455 Washington Street (formerly known as Casey's Restaurant), staff said it had initiated the first steps of ultimate disposition of the site by seeking proposals for its development in order to negotiate a sale. Member Buck moved to waive further reading and adopt Resolution No. OB - 113, receiving and filing the report on the Executive Director's Summary of Executed Contracts for January and February 2015 for Routine Maintenance and Emergency Maintenance Services for Agency Properties per obligations listed on the Recognized Obligation Payment Schedule 2 MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY FEBRUARY 23, 2015 (ROPS). Motion was seconded by Member Kinnamon and carried by 6-0 vote (AYES: Buck, Carver, Kinnamon, Larson, Rodriguez, and Spiegel; NOES: None; ABSENT: Jonathan). C. REQUEST FOR APPROVAL OF MAKING A FINDING TO RE-ESTABLISH THE LOAN AGREEMENT RELATING TO FORMER REDEVELOPMENT AGENCY PROPERTY ACQUISITIONS AS AN ENFORCEABLE OBLIGATION AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. SA34200). Staff reviewed the printed staff report and answered questions about the request for making a finding to re-establish the Loan Agreement. Member Kinnamon moved to waive further reading and adopt Resolution No. OB- 114, making a finding to re-establish the Loan Agreement relating to the former Redevelopment Agency property acquisitions as an enforceable obligation, and taking certain related actions. Motion was seconded by Member Larson and carried by 6-0 vote (AYES: Buck, Carver, Kinnamon, Larson, Rodriguez, and Spiegel; NOES: None; ABSENT: Jonathan). D. REQUEST FOR APPROVAL OF THE EXECUTION OF A NON -HOUSING 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 (CONTRACT NO. SA34190). Staff provided a review of the printed report included with the agenda packets and offered to answer questions. Member Larson moved to waive further reading and adopt Resolution No. OB- 115, approving execution of a Non -Housing Bond Proceeds Funding Agreement between the Successor Agency and the City of Palm Desert, and taking certain related actions. Motion was seconded by Member Buck and carried by 6-0 vote (AYES: Buck, Carver, Kinnamon, Larson, Rodriguez, and Spiegel; NOES: None; ABSENT: Jonathan). E. REQUEST FOR APPROVAL OF THE EXECUTION OF A HOUSING BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. SA34210). Staff referred to the printed report provided in the agenda packets and answered questions about projects covered by the agreement, which are specified as only those previously listed in the respective bond documents at the time of their issuance. Member Larson moved to waive further reading and adopt Resolution No. OB- 116, approving the execution of a Housing Bond Proceeds Funding Agreement between the 3 MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY FEBRUARY 23, 2015 Successor Agency and the Palm Desert Housing Authority, and taking certain related actions. Motion was seconded by Member Carver and carried by 6-0 vote (AYES: Buck, Carver, Kinnamon, Larson, Rodriguez, and Spiegel; NOES: None; ABSENT: Jonathan). F. REQUEST FOR APPROVAL OF THE ADMINISTRATIVE BUDGET FOR THE SIX-MONTH PERIOD FROM JULY 1, 2015, THROUGH DECEMBER 31, 2015, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177. The printed report provided in the agenda packets was reviewed, and staff offered to answer any questions. Member Larson moved to waive further reading and adopt Resolution No. OB - 117, approving the Administrative Budget for the six-month period of July 1 - December 31, 2015. Motion was seconded by Member Buck and carried by 6-0 vote (AYES: Buck, Carver, Kinnamon, Larson, Rodriguez, and Spiegel; NOES: None; ABSENT: Jonathan). G. REQUEST FOR APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE SIX-MONTH PERIOD FROM JULY 1, 2015, THROUGH DECEMBER 31, 2015, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 ("ROPS 15-16A"). Staff reviewed the printed report and offered to answer questions. Member Larson moved to waive further reading and adopt Resolution No. OB - 118, approving ROPS 15-16A for the period of July 1 - December 31, 2015. Motion was seconded by Member Kinnamon and carried by 6-0 vote (AYES: Buck, Carver, Kinnamon, Larson, Rodriguez, and Spiegel; NOES: None; ABSENT: Jonathan). H. REQUEST FOR APPROVAL OF THE EXECUTION OF AN AGREEMENT REGARDING THE 170-ACRE SITE CONSULTANT WORK AND COSTS BETWEEN THE SUCCESSOR AGENCY AND THE CITY OF PALM DESERT (CONTRACT NO. C34120A). In addition to the printed report provided in the agenda packets, staff provided a detailed verbal report about the request for approval of the agreement and answered questions. Member Carver noted that he would be abstaining from the vote on this item due to past business dealings with one of the developers that may potentially bid under an RFP (Request For Proposals) when the property is sold. It was explained that he doesn't have any financial interest in the consultant contract associated with the subject request but was concerned about the appearance because of his past business dealings. MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY FEBRUARY 23, 2015 Member Kinnamon moved to waive further reading and adopt Resolution No. OB - 119, approving the execution of an Agreement Regarding 170-acre Site Consultant Work and Costs between the Successor Agency and the City of Palm Desert. Motion was seconded by Member Buck and carried by a 5-0-1 vote (AYES: Buck, Kinnamon, Larson, Rodriguez, and Spiegel; NOES: None; ABSTAINING: Carver; ABSENT: Jonathan). 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 None It was noted that the next regular meeting to be held was scheduled for Monday, April 6, 2015, at 1:30 p.m. IX. ADJOURNMENT With Oversight Board concurrence, Chair Spiegel adjourned the meeting at 1:56 p.m. ATTEST: , g i__Z ROBERT A. SPIE tL, RA HE E P. KLASSE ECRETARY OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 5