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Home My WebLink About05A Prelim - SA - 03/22/2012 • DRAFT PRELIMINARY MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY THURSDAY, MARCH 22, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER- 3:00 P.M. Chair Spiegel convened the meeting at 3:00 p.m. I1. ROLL CALL i 1J ,) Aes JT) Present: ON L-r-1 -2zc,1 V Director Jean M. Benson VERIFIED BY 1 Director Cindy Finerty Clerk's Office Director Jan C. Harnik Original on file with City Vice Chair William R. Kroonen Chair Robert A. Spiegel Also Present: John M. Wohlmuth, Executive Director David J. Erwin, City Attorney Justin McCarthy, Assistant City Manager Rachelle D. Klassen, Secretary Bo Chen, City Engineer 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 Frankie Riddle, Director of Special Programs Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Stephen Y. Aryan, Risk Manager Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: None PRELIMINARY MINUTES DRAFT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 22, 2012 Upon a motion by Kroonen, second by Benson, and 4-0 vote of the Successor Agency Board of Directors, with Finerty ABSENT, Chair Spiegel adjourned the meeting to Closed Session of the City Council at 3:02 p.m. He 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 March 8, 2012, 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. 199RDA, 200RDA, 205RDA, 202SA, and 208SA. Rec: Approve as presented. *C. REQUEST FOR APPROVAL of Contract with White Nelson Diehl Evans LLP to Perform a Special Audit of the Palm Desert Redevelopment Agency and Palm Desert Housing Authority for the Period Ended January 31, 2012 (Contract No. C27540A)(Joint Consideration with the Palm Desert Housing Authority). Rec: By Minute Motion, approve subject contract with White Nelson Diehl Evans LLP, Irvine, California, to perform a Special Audit of the Palm Desert Redevelopment Agency and Palm Desert Housing Authority for the period ended January 31, 2012. Upon a motion by Finerty, second by Kroonen, and 5-0 vote of the Successor Agency Board of Directors, the Consent Calendar was approved as presented. * Responding to question relating to Consent Calendar Item C, Mr. Wohlmuth stated White Nelson Diehl Evans has been the City's auditor for the past four years. This particular audit is on the former Redevelopment Agency as a requirement placed 2 PRELIMINARY MINUTES DRAFT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 22, 2012 by the County and the State Department of Finance. The City has worked with this firm because it is familiar with AB 1 X 26, which has many interpretations. He said this was a specialized field, and he would feel uncomfortable conducting a Request for Proposal (RFP) for these services; therefore, staff recommended using this firm for this audit. Mr. Gibson added staff will leave it at the direction of the President of the Corporation to execute the contract, because the Los Angeles County indicated they had discussions with the State, and the State has stated it may not be required. He said the Executive Director will decide on whether to go forward with the audit depending on what the States decides. Mayor Spiegel noted the question came up as to why the City was using a vendor from out of town. Mr.Gibson responded this was a very specialized audit relating to Redevelopment. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. NEW BUSINESS A. REQUEST FOR ADOPTION OF A SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT, GOVERNMENT CODE SECTIONS 81000, ET SEQ. (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Ms. Klassen stated that pursuant to the Political Reform Act, all public agencies in the State of California must adhere to a Conflict of Interest Code. She worked closely with legal counsel to draft the proposed Conflict of Interest Code, which was modeled after the Fair Political Practices Commission Model Code and adopted it here for the Successor Agency. Since the Redevelopment Agency was dissolved, the City has to implement processes as if it was restarting, and as the City Council sits as the Board for the Successor Agency, it is also the Code reviewing body for the City's Conflict of Interest Code; therefore, it's a joint consideration item. 3 PRELIMINARY MINUTES DRAFT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 22, 2012 Mayor Pro TemNice Chair Kroonen moved to: 1) Waive further reading and adopt Resolution No. SA-RDA 006, adopting a Conflict of Interest Code Containing Designated Positions and Disclosure Categories for the Successor Agency to the Palm Desert Redevelopment Agency; 2) As Code Reviewing Body, the City Council, by Minute Motion, approve the Successor Agency to the Palm Desert Redevelopment Agency Conflict of Interest Code and all associated actions to be taken in connection therewith. Motion was seconded by Finerty and carried by a 5-0 vote. B. REQUEST FOR ADOPTION OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE SECOND SIX-MONTH PERIOD, JULY 1, 2012, THROUGH DECEMBER 31, 2012, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177. Ms. Moore stated this was actually the second payment of the Recognized Obligation Payment Schedule that the Board will be reviewing and approving as part of the dissolution of Redevelopment. She noted the Board already approved the first payment at the February 23, 2012, meeting. Director Finerty moved to: 1) Waive further reading and adopt Resolution No. SA-RDA 007, approving the Recognized Obligation Payment Schedule for the second six-month period of July 1, 2012, through December 31, 2012 ("ROPS2"); 2) By Minute Motion, authorize staff to forward the second Recognized Obligation Payment Schedule to the Oversight Board for approval. Motion was seconded Kroonen and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE ADMINISTRATIVE BUDGETS FOR THE PERIODS OF JANUARY 31, 2012, THROUGH JUNE 30, 2012; AND FOR JULY 1, 2012, THROUGH DECEMBER 31, 2012. Vice Chair Kroonen moved to, by Minute Motion: 1)Approve the Administrative Budgets as required under AB 1 X 26 for the periods of January 1, 2012, through June 30, 2012; and for July 1, 2012, through December 31, 2012; 2) authorize staff to forward said Administrative Budgets to the Oversight Board for approval. Motion was seconded by Finerty and carried by a 5-0 vote. 4 PRELIMINARY MINUTES DRAFT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 22, 2012 D. REQUEST FOR APPROVAL OF THE REPAYMENT SCHEDULE TO THE PALM DESERT HOUSING AUTHORITY FOR THE OUTSTANDING LOAN FROM THE LOW AND MODERATE INCOME HOUSING FUND FOR THE 2009-2010 SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND(SERAF) PAYMENT. Ms. Moore stated that in 2009/2010, the SERAF payment that was required to be paid by the Redevelopment Agency was over$25 million. In order to make that payment,they provided an opportunity to defer a deposit to the Low and Moderate Income Housing Fund and allowed that money to be used for the payment to the State, which is what was done. In order for it to be repaid, one of the conditions of AB 26 was to provide a repayment schedule. In the past, staff anticipated that as monies became available, it would be able to repay that loan, and now that a repayment schedule is required, staff derived one of four-equal payments. Director Finerty moved to, by Minute Motion,approve the repayment schedule to the Palm Desert Housing Authority for the loan from the Low and Moderate Income Housing Fund for the 2009-2010 SERAF Payment. Motion was seconded by Kroonen and carried by a 5-0 vote. X. CONTINUED BUSINESS None 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 5 PRELIMINARY MINUTES DRAFT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 22, 2012 C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY None XIV. ADJOURNMENT On a motion by Kroonen, second by Finerty,and 5-0 vote of the SuccessorAgency Board of Directors, Chair Spiegel adjourned the meeting at 5:24 p.m. ROBERT A. SPIEGEL, CHAIR ATTEST: RACHELLE D. KLASSEN, SECRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 6