HomeMy WebLinkAboutPrelim - SA-RDA - 12/13/2012DRAFT
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PRELIMINARY MINUTES
REGULAR MEETING OF THE
BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY
TO THE PALM DESERT REDEVELOPMENT AGENCY
THURSDAY, DECEMBER 13, 2012
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CAL� TO ORDER - 3:00 P.M.
Chair Spiegei convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Director Jean M. Benson
Director Cindy Finerty
Director Jan C. Harnik
Vice Chair William R. Kroonen
Chair Robert A. Spiegei
Present at 4:00 p.m. Reconvening:
Councilmember-elect Van G. Tanner
Councilmember-elect Susan Marie Weber
Also Present:
John M. Wohlmuth, City Manager
David J. Erwin, City Attorney
Rachelle D. Klassen, City Clerk
Bo Chen, City Engineer
Lauri Aylaian, Director of Community Development
Martin Alvarez, Director of Economic 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
Kevin Vest, Chief, Palm Desert Police/Riverside Co. Sheriff's Department
Grace L. Mendoza, Deputy City Clerk
PRELIMINARY MINUTES DRAFT
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2012
III. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 42-148 Verdin Lane (APN 624-440-003), Palm Desert
Negotiating Parties:
Agency: John M. Wohimuth/Janet M. Moore/City of Palm Desert/
Successor Agency to the Palm Desert Redevelopment
Agency/Palm Desert Housing Authority
Property Owner: Justin and Patricia Mansker
Under Negotiation: x Price x Terms of Payment
2) Property: 75-406 Orange Blossom Lane (APN 634-062-013), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Successor Agency to the Palm Desert Redevelopment
Agency/Palm Desert Housing Authority
Property Owner: Heika Pfeiffer
Under Negotiation: x Price x Terms of Payment
B. Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 1
On a motion by Finerty, second by Benson, and 5-0 vote of the SuccessorAgency Board
of Directors, Chair Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He
reconvened the meeting at 4:05 p.m.
IV. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
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PRELIMINARY MINUTES
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING
DRAFT
DECEMBER 13, 2012
Note: During the City Council Meeting conducted immediately prior to this Successor
Agency Board of Directors Meeting, declaration of the 2012 General Municipal Election
was made, and the annual City of Palm Desert Mayoral Rotation occurred, with
Jan C. Harnik being appointed Mayor (Chair of the SuccessorAgency Board of Directors),
and Jean M. Benson being appointed Mayor Pro Tem (Vice Chairof the SuccessorAgency
Board).
VI. CONSENT CALENDAR
A. MINUTES of the Adjourned Regular and Regular Meetings of the Board of
Directors of the Successor Agency to the Palm Desert Redevelopment Agency of
November 15 and November 22, 2012.
Rec: Approve as presented.
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C�?
CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY -
Warrant Nos. 96SA, 100SA, 105SA, 109SA, and 112SA.
Rec: Approve as presented.
COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of
October 2012 (Joint Consideration with the Palm Desert City Council).
Rec: Receive and file.
Upon a motion by Spiegel, second by Tanner, and 5-0 vote of the Successor Agency
Board of Directors, the Consent Calendar was approved as presented.
VII. CONSENT ITEMS HELD OVER
None
VIII. RESOLUTIONS
None
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PRELIMINARY MINUTES DRAFT
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2012
IX. NEW BUSINESS
A. REQUEST FOR APPROVAL OF THE SETTLEMENT, RELEASE, AND
INDEMNITY AGREEMENT AMONG THE COUNTY OF RIVERSIDE, CITY OF
PALM DESERT, AND THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY (CONTRACT NO. C32470) (JOINT
CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Mr. Wohlmuth noted the proposed Settlement Agreement, but for the public's
benefit he explained that in 1992 the City of Palm Desert annexed Costco, at the
time it was Home Base, and the development on the northwest comer of Dinah
Shore Drive and Monterey Avenue, which was developed under the County of
Riverside. As part of the agreement to annex, the City and County went into a
CooperativeAgreementto exchange Redevelopment Fundsforsalestax. In order
words, when it was developed the sales tax was going to the County of Riverside,
and when the City annexed it, the sales tax would go to the City. Therefore, in this
Cooperative Agreement, the City agreed to accept the sales tax and pay the
County through a pass-through agreement an equal amount of sales tax from
Redevelopment to the Health and Juvenile Fund at the County of Riverside. He
said the Health and Juvenile Fund, funds the Regional Access Project (RAP) that
provides grants throughout the Coachella Valley to Health and Juvenile Services.
In 2003, the State of California, as part of their budget process passed what is now
called the "Triple Flip." In other words, the State took sales tax and gave cities and
counties back property tax. That process to exchange those funds created
uncertainty in this calculation, and since the City would receive property tax in lieu
of sales tax, original agreements didn't address how they would be affected by the
"Triple Flip." In 2004, the State passed clean-up legislation that then did address
howthe "Triple Flip" and Regional Access Project (RAP)would receive theirfunds.
Staff never calculated the clean-up language "Triple Flip" in the pass-through
payments to the County, and from that period forward to today, the amount owed
from this calculation is $2.7 million. Staff is proposing a Settlement Agreement
with the County, Palm Desert Successor Agency, and City to settle this $2.7
million by paying the County $2.7 million from the Redevelopment Trust Fund to
the County of Riverside who will then forward the money to the Regional Access
Project. This matter was considered and approved by the Oversight Board last
week. However, the Department of Finance did not approve it, and something
between disapproved and under consideration is the current status. He
recommended the Council approve the proposed agreement and only authorize
the City Manager/Executive Director to sign the Agreement once the matter is
cleared by the Department of Finance, City of Palm Desert, and the County of
Riverside.
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PRELIMINARY MINUTES DRAFT
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2012
Councilman/Director Spiegel moved to, by Minute Motion, approve the Settlement,
Release and Indemnity Agreement among the County of Riverside, City of Palm Desert, and the
Successor Agency to the Palm Desert Redevelopment Agency regarding the Cooperative
Agreement Among the County of Riverside, City of Palm Desert, and Palm Desert
Redevelopment Agency (the "1992 Cooperative AgreemenY'), and authorize the City
Manager/Executive Director to execute the Agreement, subject to clearance by the California
Department of Finance.
Mayor Pro TemNice Chair Benson commented she was a member of the
Regional Access Project (RAP) Board, and the CityAttorney determined she didn't
have a direct benefit from these funds and okayed to vote.
Councilman/Director Tanner seconded the motion, and it carried by a 5-0 vote.
X. CONTINUED BUSINESS
None
XI. OLD BUSINESS
None
XII. PUBLIC HEARINGS
None
XIII. REPORTS, REMARKS, SUCCESSORAGENCY BOARD ITEMS REQUIRING ACTION
A. EXECUTIVE DIRECTOR
None
B. SUCCESSOR AGENCY COUNSEL
None
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PRELIMINARY MINUTES DRAFT
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2012
C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY
None
XIV. ADJOURNMENT
On a motion by Tanner, second by Spiegel, and 5-0 vote of the Successor Agency Board
of Directors, Chair Harnik adjourned the meeting at 6:12 p.m.
JAN C. HARNIK, CHAIR
ATTEST:
RACHELLE D. KLASSEN, SECRETARY
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
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