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Home My WebLink AboutPrelim - SA-RDA - 08-28-2014� � � PRELIMINARY MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY THURSDAY, AUGUST 28, 2014 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chair Tanner convened the meeting at 3:01 p.m. II. ROLL CALL Present: Director Jean M. Benson Director Jan C. Harnik Director Robert A. Spiegel Vice Chair Susan Marie Weber Chair Van G. Tanner Also Present: John M. Wohlmuth, Executive Director David J. Erwin, City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, Secretary Russell Grance, Director of Building & Safety 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 Stephen Y. Aryan, Risk Manager Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: PRELIMINARY MINUTES DRAFT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2014 A. Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: APN 620-400-028 Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ SuccessorAgencyto the Palm Desert RedevelopmentAgency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-092-043 Negotiating Parties: Agency: John M. Wohlmuth/Rudy P. Acosta/Martin Alvarez/ SuccessorAgencyto the Palm Desert RedevelopmentAgency Property Owner: Successor Agency to the Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment With Successor Agency Board concurrence, Chair Tanner adjourned the meeting to Closed Session at 3:10 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 July 10, July 24, and August 14, 2014, Regular Meetings 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. 3SA, 7SA, 13SA, 17SA, 21 SA, 24SA, 30SA, and 39SA. Rec: Approve as presented. 2 PRELIMINARY MINUTES DRAFT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2014 C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Month of May 2014 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. Upon a motion by Harnik, second by Weber, and 4-0-1 vote of the Board of Directors of the Successor Agency (AYES: Benson, Harnik, Weber, and Tanner; NOES: None; ABSTAINING: Spiegel), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. NEW BUSINESS A. REQUEST FOR APPROVAL OF AN EXTENSION OF THE AGREEMENT FOR LEGAL SERVICES BY AND AMONG THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT HOUSING AUTHORITY, AND CITY OF PALM DESERT, AND THE FIRM OF RICHARDS, WATSON & GERSHON (CONTRACT NO. SA28881) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL AND THE PALM DESERT HOUStNG AUTHORITY). Mr. Acosta stated the City/Agency has had a long-standing relationship with Richards, Watson & Gershon (RW&G)forservices with the former Redevelopment Agency and now with the Successor Agency. Their contract is about to expire at the end of September 2014. The City Manager thought it would be prudent to bring the Agreement before the Council/Agency at this time. The proposed Agreement is for three-years with the option of two 1-year extensions at the authorization of the City Manager. He said RW&G offered to perform the same services and continue on with the dissoiution process of the former Redevelopment Agency, and now as the Successor Agency, retaining the same billing rates as in the past five years. He noted this item was in joint consideration with the Housing Authority. Councilman/Director/Member Spiegel stated that with the dissolution of Redevelopment, he wondered if Best, Best and Krieger could pick this contract up. 3 PRELIMINARY MINUTES DRAFT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETiNG AUGUST 28, 2014 Mr. Acosta said he couldn't speak for City Attomey Erwin, but his suspicion was that the expertise of Best, Best and Krieger (BB&K) has not been in Redevelopment, as with current issues with and involving the dissolution of Redevelopment, Department of Finance (DOF), and Westem Center for Law & Poverty. Therefore, staff believes it's in the best interest of the City to continue with the institutional capacity of RW8�G. Councilman/Director/Member Spiegel asked the same question of Mr. Erwin. Mr. Erwin answered yes, but there are a number of ongoing issues that Richards, Watson & Gershon is dealing with, and if there were to be a transition, it ought to be over a period of time as opposed to a complete cut off. He said it was up to the Council, but certainly, RW&G is still in the middle of a lot of things; however, Best, Best and Krieger did have the capability of handing the contract. Mr. Wohlmuth said the way that A61 X26 is prepared, the law that dissolves redevelopment agencies, the City has approximately three years left where it has an Oversight Board, and post three years from now, the County takes over the Oversight Board forthe entire County boundaries. He said there are finro important issues involved as to the difference between BB&K and RW&G. One is RW&G has been helping with the dissolution of the Redevelopment Agency providing excellent legal advice, and the City is currently in a legal battle with regards to the stipulation on the Housing Funds that they are handling. To answer Councilman Spiegel's question, he would see RW&G doing an excellent job of handling the dissolution of Redevelopment over the next three years, and post that, transition into a one City contract as redevelopment went away. However, redevelopment is slowly going away in the State of California, but it hasn't happened, because it doesn't happen ovemight. Staff will continue to dispose land and handle the Recognized Obligation Payment Schedule (ROPS) on a six-month and 1-year basis. Further responding, he said Richards, Watson Gershon's contract also has a 30-day notice opt out. Councilman/Director/MemberSpiegel moved to, by Minute Motion: 1) Approve extension of Contract No. SA28881 (formerly known as Contract No. R28880) - Agreement for Legal Services to the City of Palm Desert, Successor Agency to the Palm Desert Redevelopment Agency, and Palm Desert Housing Authority with Richards, Watson & Gershon, substantially as to form; 2) authorize the City Manager/Executive Director and City of Palm Desert to finalize the Agreement Extension with Richards, Watson & Gershon, substantially as to form; 3) authorize the Mayor/Chair/Chairman to execute the finalized Agreement. Motion was seconded by Benson. Councilmember/Director/Member Benson stated the Council owed it to RW&G for getting the clearance from the State for Palm Desert's Redevelopment, because there are a lot of Coachella Valley cities that haven't received their clearance yet, and they are unable to move forward. She said it was RW&G's foresight to � PRELIMINARY MINUTES ,� 7. SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETiNG AUGUST 28, 2014 condition all properties and financing through the State, obtaining a clean bill to work on and getting the approval fast. Councilmember/Director/Member Harnik confirmed the Agreement includes a termination with and without cause. She said RW&G has done a great job in avoiding problems and the dissolution of Redevelopment was an issue that came up. She said the process has been difficult, but RW8�G has done an excellent job of guiding the City and Council through it, crediting them for where Palm Desert stood today. Mayor/Chair/Chairman Tanner stated both the law firm and staff are to be complemented for getting Palm Desert approved, allowing the City to move forward with selling the properties. Mayor/Chair/ChairmanTanner called for the vote, and the motion carried by a 5-0 vote (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None). X. CONTINUED BUSINESS A. MINUTES OF THE JUNE 26, 2014, REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (Continued from the meeting of July 10, 2014). Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the Board of Directors of the SuccessorAgency (AYES: Benson, Hamik, Spiegel, Weber, and Tanner; NOES: None), the Consent Calendar was approved as presented. 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 5 PRELIMINARY MINUTES DRAFT SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2014 C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY None XIV. ADJOURNMENT On a motion by Spiegel, second by Weber, and unanimous vote of the SuccessorAgency Board, Chair Tanner adjoumed the meeting at 6:19 p.m. VAN G. TANNER, CHAIR ATTEST: RACHELLE D. KLASSEN, SECRETARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 0