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Home My WebLink About2015-02-12MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY THURSDAY, FEBRUARY 12, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chair Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present: Director Jan C. Hamik Director Sabby Jonathan Vice Chair Robert A. Spiegel Director Van G. Tanner Chair Susan Marie Weber Also Present: John M. Wohlmuth, Executive Director Robert W. Hargreaves, Assistant City Attomey Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, Secretary Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 12, 2015 1) Property: APNs 694-190-005, -006, -007, -013, -014, -016; 694-200-003, -004, -006, -007, -011, -012, -022 (170 acres) Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2) Property: APNs 694-300-001, -002, -005, -006, -007; 694-310-002, -003, -005 (132 acres) Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/City of Palm Desert/Successor Agency to the Palm Desert Redevelopment Agency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment With Successor Agency Board concurrence, Chair Weber adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the January 22, 2015, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrant Nos. 170SA, 175SA, and 179SA. Rec: Approve as presented. 2 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 12, 2015 C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of November and December 2014 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. Upon a motion by Spiegel, second by Hamik, and 5-0 vote of the Board of Directors of the Successor Agency (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS A. RESOLUTION NO. SA -RDA 042 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, REQUESTING THE OVERSIGHT BOARD TO MAKE A FINDING TO RE-ESTABLISH LOAN AGREEMENT RELATING TO FORMER AGENCY PROPERTY ACQUISITIONS AS AN ENFORCEABLE OBLIGATION AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. SA342001. Management Analyst Veronica Tapia stated the former Redevelopment Agency had loans outstanding to the City at about $22.6 million when the dissolution went into effect, and AB 1484 allowed the Agency to add it back with approval by the Oversight Board. The proposed Resolution will allow the Successor Agency to take it to the Oversight Board for their approval stating the loans were for redevelopment purposes and they can be repaid to the City at the appropriate time. Responding to question, she said the Oversight Board will meet on February 23, 2015. Vice Chair Spiegel moved to waive further reading and adopt Resolution No. SA- RDA 042. Motion was seconded by Tanner. Responding to question about whether the State will allow the loan to be repaid, she said the matter will go before the Oversight Board and then to the Department of Finance (DOF), who has 40 days to review. What staff has seen with certain items such as this one, is that they don't dispute what the Oversight Board has approved. The DOF may ask for additional information at their discretion, so it was a wait and see situation. Chair Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 3 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING IX. NEW BUSINESS FEBRUARY 12, 2015 A. 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) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Management Analyst Veronica Tapia stated the dissolution of redevelopment law requires the Successor Agency to have a Bond Proceeds Funding Agreement, but also list on the Recognized Obligation Payment Schedule (ROPS) projects the City/Successor Agency wished to continue with that are funded by bonds. Approval will allow staff to consolidate the remaining outstanding projects and get the Bond Proceeds Funding Agreement completed. Mayor Pro TemNice Chair Spiegel moved to, waive further reading and adopt Resolution Nos. 2015 - 09 and SA -RDA 041, approving 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. Motion was seconded by Hamik and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. 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) (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Management Analyst Veronica Tapia stated this item is similar to the previous item, however, it's for the Housing Bonds for the remaining projects. She said the Department of Finance (DOF) already approved the Carlos Ortega Villas, the Housing Subsidy Program, and a few other items that were on the tax certificate that funds can be used and intend for. Director/Member Hamik moved to, waive further reading and adopt Resolution Nos. SA: RDA 043, and HA - 74, approving 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. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 4 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 12, 2015 C. REQUEST FOR APPROVAL OF THE ADMINISTRATIVE BUDGET FOR THE SIX-MONTH FISCAL PERIOD FROM JULY 1, 2015, THROUGH DECEMBER 31, 2015, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(j), AND TAKING CERTAIN RELATED ACTIONS. Management Analyst Veronica Tapia stated the Successor Agency is required to bring the Recognized Obligation Payment Schedule (ROPS) and the Administration Budget for every six-month period for approval, stating it's based on a maximum 3% allowable amount. The figures are based on prior costs and what they are expected to be for the next six months. Vice Chair Spiegel moved to waive further reading and adopt Resolution No. SA -RDA 044, approving the Administrative Budget for the six-month period of July 1 - December 31, 2015. Director Jonathan asked if the personnel expenditures were in the form of a reimbursement to the City. Ms. Tapia replied it is. Director Hamik seconded the motion and it carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). D. REQUEST FOR APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE SIX-MONTH FISCAL PERIOD FROM JULY 1, 2015, THROUGH DECEMBER 31, 2015, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177, AND TAKING CERTAIN RELATED ACTIONS ("ROPS 15-16A"). Management Analyst Veronica Tapia stated this was the eighth ROPS cycle, stating they were similar each time, but what makes this one unique is that they have been able to add the repayment of the SERAF (Supplemental Educational Revenue Augmentation Fund) loan, which is about $17.8 million that the Housing Fund loaned to the former Redevelopment Agency in 2009. She said this was the first opportunity to repay any of it, and the Authority will receive $3.8 million in the next six months if approved by the Department of Finance. Director Tanner moved to waive further reading and adopt Resolution No. SA -RDA 045, approving the Recognized Obligation Payment Schedule for the six-month period of July 1 - December 31, 2015 ("ROPS 15-16A"). Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). X. CONTINUED BUSINESS None 5 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 12, 2015 XI. OLD BUSINESS None XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, SUCCESSOR AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. SUCCESSOR AGENCY COUNSEL None C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY None XIV. ADJOURNMENT Upon a motion by Tanner, second by Spiegel, and unanimous consent of the Successor Agency Board, Chair Weber adjourned the meeting at 5:47 p.m. ATTEST: L`C D. KLASSEN, SECRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY SUSAN MARIE WEBER, CHAIR 6