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Home My WebLink About2016-01-25MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MONDAY, JANUARY 25, 2016 — 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 Wendy Jonathan (DSUSD, representing Riverside County Office of Education) Member Ed Pack (representing Coachella Valley Water Dist.) Member Anna Rodriguez (representing Riverside Co. Board of Supervisors) Chair Robert A. Spiegel (Mayor, City of Palm Desert) Absent: Member Heather Buck (Palm Desert RDA former Employee) Member Joel Kinnamon (COD, representing Chancellor of California Comm. Colleges) Also Present: John M. Wohlmuth, Exec. Dir., Successor Agency -Palm Desert RDA arrived at 1:36 p.m. William L. Strausz, Richards, Watson & Gershon, Successor Agency Counsel Paul S. Gibson, Finance Officer Ryan Stendell, Director of Community Development Martin Alvarez, Director of Economic Development Janet M. Moore, Director of Housing Veronica Tapia, Management Analyst II David Hermann, Management Analyst/P.I.O. 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 JANUARY 25, 2016 WELCOME New Oversight Board Member Ed Pack, Coachella Valley Water District - Division Two. Chair Spiegel officially welcomed Member Pack to the Oversight Board, who was sworn in moments before today's meeting was called to order. III. ORAL COMMUNICATIONS None IV. APPROVAL OF MINUTES A. MINUTES of the November 2, 2015, Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Member Rodriguez moved to waive further reading and adopt Resolution No. OB - 136, approving Minutes of the November 2, 2015, Regular Meeting of the Oversight Board of the Successor Agency to the Palm Desert Redevelopment Agency. Motion was seconded by Chair Spiegel and FAILED TO PASS on a 3-0-1 vote, with less than a majority of the appointed membership voting in favor (AYES: Jonathan, Rodriguez, and Spiegel; NOES: None; ABSTAINING: Pack; ABSENT: Buck and Kinnamon). Therefore. this item will be continued to the next meeting. V. NEW BUSINESS A. ACTIONS/MINUTES OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY. Member Jonathan moved to waive further reading and adopt Resolution No. OB - 137, receiving and filing Minutes of the Successor Agency to the Palm Desert Redevelopment Agency Meetings of October 8, October 22, and November 12, 2015. Motion was seconded by Member Rodriguez and carried on a 4-0 vote (AYES: Jonathan, Pack, Rodriguez, and Spiegel; NOES: None; ABSENT: Buck and Kinnamon). B. REQUEST FOR APPROVAL OF A SUPPLEMENTAL NON -HOUSING BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND CITY OF PALM DESERT, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. SA34190A). Staff reviewed the item and offered to answer questions. 2 MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY JANUARY 25, 2016 Member Jonathan moved to waive further reading and adopt Resolution No. OB - 138, approving execution of a Supplemental Non -Housing Bond Proceeds Funding Agreement between the Successor Agency and City, and taking certain related actions. Motion was seconded by Member Rodriguez and carried by 4-0 vote (AYES: Jonathan, Pack, Rodriguez, and Spiegel; NOES: None; ABSENT: Buck and Kinnamon). C. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE DISPOSITION AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND DESERT EQUITY GROUP, LLC, FOR PROPERTY LOCATED ON THE NORTH SIDE OF COUNTRY CLUB DRIVE, EAST OF PORTOLAAVENUE, PALM DESERT, CALIFORNIA (A.P.N.s 620-430- 024 AND 620-430-025), PROPERTY NO. 12(g) OF THE APPROVED LONG- RANGE PROPERTY MANAGEMENT PLAN (CONTRACT NO. SA34300). Staff provided a review of the item. Upon question by Member Pack regarding whether or not he would have a conflict of interest in his representation of the Coachella Valley Water District (CVWD) in this matter, given the City's ongoing negotiation with CVWD relative to a one -acre carve -out for a well site on said parcel, Board Members, Successor Agency Legal Counsel, and staff discussed and dissected the transaction to offer an answer. Further responding, staff explained that time was of the essence in this matter, and it needed action today instead of a continuance. With Oversight Board concurrence, the matter was then held over until the end of the meeting in case one more Board Member arrived to make a total of 5, allowing Member Pack to abstain if he so chose. Following consideration of the remaining items on this agenda, the Board returned to this item. Staff elaborated on terms of said First Amendment, and Board Members deliberated the merits. No additional Board Members arrived at the meeting, but the 4 present concurred that any potential sale of a one -acre piece of the subject property to CVWD would have separate terms and appear on a future Oversight Board agenda. Therefore, it should not require Member Pack to abstain on today's agenda item. Member Pack agreed. Member Rodriguez moved to waive further reading and adopt Resolution No. OB - 139, approving First Amendment to the Disposition Agreement between Successor Agency to the Palm Desert Redevelopment Agency and Desert Equity Group, LLC, for property located on the north side of Country Club Drive, east of Portola Avenue (APNs 620-430-024 and -025), Palm Desert, California, extending close of escrow to the outside date of October 15, 2016. Motion was seconded by Member Jonathan and carried by 4-0 vote (AYES: Jonathan, Pack, Rodriguez, and Spiegel; NOES: None; ABSENT: Buck and Kinnamon). 3 MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY JANUARY 25, 2016 D. REQUEST FOR APPROVAL OF A PURCHASE AND SALE AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND LuMAR, LP, FOR PROPERTY LOCATED AT 42455 WASHINGTON STREET, PALM DESERT, CALIFORNIA (A.P.N. 637-071-004), PROPERTY NO. 13 OF THE APPROVED LONG-RANGE PROPERTY MANAGEMENT PLAN (CONTRACT NO. SA34980). Staff reviewed the printed report provided with the agenda packets and offered to answer questions. Member Rodriguez moved to waive further reading and adopt Resolution No. OB - 140, authorizing execution of a Purchase and Sale Agreement between the Successor Agency and LuMar, LP, for property located at 42455 Washington Street, Palm Desert, California (APN 637-071-004), Property No. 13 of the Approved Long -Range Property Management Plan. Motion was seconded by Member Jonathan and carried by 4-0 vote (AYES: Jonathan, Pack, Rodriguez, and Spiegel; NOES: None; ABSENT: Buck and Kinnamon). E. REQUEST FOR APPROVAL OF THE PROPOSED ADMINISTRATIVE BUDGETS FOR THE SIX-MONTH FISCAL PERIODS FROM JULY 1 - DECEMBER 31, 2016, AND FROM JANUARY 1 - JUNE 30, 2017. The printed report was reviewed, and staff offered to answer questions. Member Jonathan moved to waive further reading and adopt Resolution No. OB - 141, approving the Successor Agency's Administrative Budgets for the six-month periods of July 1 - December 31, 2016 ("Administrative Budget 16-17A") and from January 1 - June 30, 2017 ("Administrative Budget 16-17B"). Motion was seconded by Member Pack and carried by 4-0 vote (AYES: Jonathan, Pack, Rodriguez, and Spiegel; NOES: None; ABSENT: Buck and Kinnamon). F. REQUEST FOR APPROVAL OF A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE FISCAL PERIOD FROM JULY 1, 2016, THROUGH JUNE 30, 2017, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 ("ROPS 16-17"). Staff reviewed the report and offered to answer questions. Member Rodriguez moved to waive further reading and adopt Resolution No. OB - 142, approving ROPS 16-17 for the period of July 1, 2016 - June 30, 2017. Motion was seconded by Member Jonathan and carried by 4-0 vote (AYES: Jonathan, Pack, Rodriguez, and Spiegel; NOES: None; ABSENT: Buck and Kinnamon). 4 MINUTES ADJOURNED REGULAR MEETING OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY VI. CONTINUED BUSINESS None VII. OLD BUSINESS None VIII. REPORTS AND REMARKS A. CHAIR JANUARY 25, 2016 Chair Spiegel noted that during her term, former Member Patricia (Corky) Larson served as Vice Chair of the Board. Now that she had left the Board, it needed to appoint a Vice Chair, and he asked for this on the next agenda. B. MEMBERS OF THE OVERSIGHT BOARD In response to Member Rodriguez's question about Board Members' terms, staff responded that based on the current legislation regarding Redevelopment Agency Dissolution, currently all local Oversight Boards will be transferred to their respective Countywide Oversight Board as of July 1, 2018. Therefore, Members' terms on Palm Desert's Board will expire on June 30, 2018; however, the County may choose to appoint certain members to their Board at that time. C. SUCCESSOR AGENCY EXECUTIVE DIRECTOR None IX. ADJOURNMENT With Oversight Board concurrence, Chair Spiegel adjourned the meeting at 1:54 p.m. a /'%.�..w_ ROBERT A. SPIEGL, ATTEST: .p-4p RAC ELLE D. KLASSE 7.. ECRETARY OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 5