2012 01 24 CCpp�
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CF`y OF Tt'9`V
NOTICE AND CALL OF SPECIAL MEETING
OF THE LA QUINTA CITY COUNCIL
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AND TO
THE CITY CLERK:
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the
City of La Quinta is hereby called to be held on January 24, 2012 starting at 5:00
p.m. at La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California.
Said special meeting shall be for the purpose of:
1. Considering Redevelopment Successor Agency Oversight Board
Recommendation(s)
Dated: 0( • ; (O. 241 Z-
Attest:
Veronica J. Montecino
City Clerk
of ONART •-
DECLARATION OF POSTING
I, Veronica J. Montecino, City Clerk of the City of La Quinta, do hereby declare
that the foregoing agenda for the Special La Quinta City Council meeting of
January 24, 2012, was posted on the outside entry to the Council Chamber at 78-
495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and
78-630 Highway 111 on January 2ff, 2012.
2.0 2.0
DATED: JaJluary 28, 2012
City of La
cino, City Clerk
California
CITY COUNCIL 1 JANUARY 24, 2012
6T# 4 #adja
City Council agendas and staff reports
are available on the City's web page:
www.la-quinta.org
CITY COUNCIL
AGENDA
CITY COUNCIL CHAMBER
78-495 Calle Tampico
La Quinta, California 92253
SPECIAL MEETING
TUESDAY, JANUARY 24, 2012 AT 5:00 PM
Beginning Resolution No. 2012-004
Ordinance No. 496
CALL TO ORDER
Roll Call:
Council Members: Evans, Franklin, Henderson, Osborne and Mayor Adolph
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CLOSED SESSION — NONE
CONFIRMATION OF AGENDA
PRESENTATIONS — NONE
WRITTEN COMMUNICATIONS
1. REQUEST OF ANDY VOSSLER FOR THE CITY OF LA QUINTA TO
PURCHASE TICKETS TO ERNIE'S DAY, A FUNDRAISER FOR ERNIE AND
MARLENE VOSSLER, SCHEDULED FOR FEBRUARY 6-7, 2012
CITY COUNCIL AGENDA 1 JANUARY 24, 2012
APPROVAL OF MINUTES - NONE
CONSENT CALENDAR - NONE
BUSINESS SESSION
1. CONSIDERATION OF REDEVELOPMENT SUCCESSOR AGENCY OVERSIGHT
BOARD RECOMMENDATION(S)
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
REPORTS AND INFORMATIONAL ITEMS - NONE
- NONE
MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
ADJOURNMENT
The next regular meeting of the City Council will be held on February 7, 2012
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the
City Council Chamber, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta City Council meeting was posted on the
outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin
boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on January 20,
2012.
iCity
;Lauinta,
20, 2012
NTECINO, City Clerk
California
CITY COUNCIL AGENDA 2 JANUARY 24, 2012
Public Notices
• The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's Office at
777-7103, twenty-four (24) hours in advance of the meeting and accommodations
will be made.
• If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at
777-7103. A one (1) week notice is required.
• If background material is to be presented to the City Council during a City Council
meeting, please be advised that eight (8) copies of all documents, exhibits, etc.,
must be supplied to the City Clerk for distribution. It is requested that this take
place prior to the beginning of the meeting.
• Any writings or documents provided to a majority of the City Council regarding any
item on this agenda will be made available for public inspection at the City Clerk
counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253,
during normal business hours.
CITY COUNCIL AGENDA 3 JANUARY 24, 2012
WRITTEN CORRESPONDENCE ITEM:
JAN 2 0- 2012 " 1
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Landmark Golf ---- "Fd S °`F'
Date: January 20, 2012
To: Mayor Don Adolph
From: Andy Vossler
Transmitted: Ernie's Day
Mayor Adolph,
Thanks for calling me back yesterday afternoon. Enclosed is the information regarding
Ernie's Day with Arnold Palmer and Jack Nicklaus. If the City were to see its way clear
to have a couple representatives at the dinner, the City's contribution and support will be
greatly appreciated. You will see a response date of January 3, 2012 in the enclosed
information. Please disregard that date.
I look forward to hearing from you.
Thanks,
MotPhi
Andy Y.
Andy Vossler
President & CEO
Landmark Golf `� al�� ��P`-Q.Gz«1-L l/oc-� S�e.;µ�
(760) 776-6688 office t �� �%4k'4- h V I �Z L i 0 1 p QuiH�a ,
(760) 776-6686 fax Cv✓�stR�ra1�✓� T
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74-947 Highway 111, Suite 200, Indian Wells, California 92210
Telephone: (760) 776.4348 Facsimile:(760) 776.6686
November 11, 2011
!
i
i
Dear Friends of Ernie,
During the past few years our good friend Ernie Vossler has suffered unforeseen
personal and business circumstances that have left him in a dire financial position.
Ernie and his wife Marlene have exhausted all of their savings and face daily financial
challenges, including possible eviction from the home that Ernie acquired at La Quinta
Hotel Golf Club many years ago. Ernie is not in good health and for quite some time, he
has been unable to continue his position with the company he most recently founded,
Landmark Golf. His son Andy now heads up the company and like many other CEOs is
working hard to meet the business challenges presented in today's economic climate.
This brings me to a very special opportunity I would like you to consider; assisting Ernie
and Marlene in meeting these financial challenges and enjoying their later years to the
greatest degree possible, while you personally enjoy one of the most unique golf
experiences imaginable.
Jack Nicklaus and Arnold Palmer have been friends of Emie's for many years, and they
have graciously offered their time and talents for a fundraiser to assure that Ernie and
Marlene's financial obligations can be met for the foreseeable future. Although both !
Jack and Arnold have been involved in many charitable activities during their careers,
this is the first time that either have come to the aid of a special friend to this magnitude.
A select group of 8 golfers will have the opportunity to play 18 holes of golf: nine holes
with Jack on the Nicklaus Course and nine holes with Arnold on the Palmer Course at
PGA West which Ernie and Landmark Land Company developed with these longtime
friends.
In addition to your round of golf, you and your guest will join Jack and Arnold's tables at
a Dinner the evening prior to the golf, where both of these great champions will make a
short address to the group and be available for questions in a Fireside Chat atmosphere
(the dinner will also be attended by a limited number of Ernie's friends). The following
morning, you will join Jack and Arnold for breakfast at the PGA West private clubhouse
prior to meeting at the driving range for a short warm-up session with two of the greatest
names in golf's history. After golf, you will again join Jack and Arnold for lunch and a
short review of the day's activities. These events will occur on February 6 & 7, 2012.
To my knowledge, this incredible opportunity of "face time, golf tips and tour stories' ,
during an opening night dinner and a day of breakfast, practice, golf and lunch with two
of the game's greatest, in a very personal setting, has never been offered, especially
while positively affecting the quality of life for two of our very close friends. As these
Champions are nearing the "twilight of their careers," it is highly unlikely that this
opportunity will be available in the future.
!
Enclosed please find an Invitation to this once in a lifetime event. The contribution for
this enviable experience with Arnold Palmer and Jack Nicklaus is $50,000 per golfer.
Each player may bring a Dinner guest. For those who want to attend only the Dinner
and Fireside Chat, the contribution will be $5,000 per person.
On the enclosed Application, you will see special payment provisions which we believe
will maximize financial support for Ernie and Marlene. You may pay with personal funds
by following the requested payment method; the payments will be treated as a "gift"
under the IRS rules; therefore, Ernie and Marlene would have no tax consequences.
Or, you may pay by check(s) from a business, foundation or trust account(s) and obtain
tax information from your tax consultant.
I hope you will give serious consideration to this rare and worthy opportunity. I've been
a close associate of Ernie's for 50 years, beginning with my Oklahoma State golf team
days. Ernie has been my golf instructor, mentor, boss and most of all, my trusted friend.
With gratitude to Ernie for all he has done for so many in the golf world, I am compelled
to ask you to join me in helping Ernie when he needs it most and would not ask.
Two of Ernie's friends have already committed to participate in this rare opportunity.
The remaining six (6) spots will be filled on a first —come, first —served basis. Please call
me at the number below as soon as possible if you plan to join Jack and Arnold on
February 6 & 7, 2012.
Yours truly,
Terry Wilcox
Executive Director, Ernie's Day
(760) 328-4358 office
(760) 250-1331 cell
I
An Invitation to Participate In
�rrtie d 2aV
Featuring Jack Nicklaus and Arnold Palmer
Schedule of Events
i
MonbaN, Februaq 6, 20I2
i
6:oo p.m.
Cocktails and Dinner with Jack and Arnold at PGA West
Golfers and their Guests will be seated with Jack and Arnold
, I
TuesaaN, FebruaTN 7, 2012
i
9:oo am.
Private Breakfast with Jack and Arnold at PGA West
10.30 a.m.
Warm-up session with Jack and Arnold
PGA West Private Courses Driving Range
II:3o am.
Golf with Jack and Arnold
PGA West Jack Nicklaus and Arnold Palmer Courses
Each Golfer will play 9 holes with Jack and 9 holes with Arnold
on the golf course they designed. j
i
4:00 p.M
End of day Reception with Jack and Arnold at PGA West Clubhouse
Name
Address
Phone (_)_
Email Address
Shirt Size
ernie 74 all a y
Application
February 6 & 7, 2012
Cell Phone
$50.000 Contribution includes Dinner with Guest on February 6th and
Breakfast, Golf and Lunch with Jack and Arnold on February Th.
Payment is to be made as follows:
Personal Checks - Prior to January 1, 2012
One check made payable to Ernie Vossler for $13,000
One check made payable to Marlene Vossler for $13,000
After January 1, 2012 and prior to January 15, 2012
One check made payable to Ernie Vossler for $12,000
One Check made payable to Marlene Vossler for $12,000
Company or Business Checks - Prior to January 1, 2012
One check made payable to Ernie Vossler for $50,000
Funds will be held in an interest bearing account at a Federally insured
financial institution until date of play.
Dinner Only - A $5,000 Contribution for each person includes special Private
Dinner and Fireside Chat with Jack and Arnold Monday, February 6, 2012.
Each individual wishing to attend the Private Dinner may make a $5,000 check
payable to Ernie Vossler and should be mailed as stated below prior to
January 2, 2012.
Mailing Address: Landmark Golf
Attention: Ernie's Day
74-947 Highway 111, Suite 200
Indian Wells, CA 92210
Tdf 4 so a"
AGENDA CATEGORY:
COUNCIL MEETING DATE: January 24, 2012 '
BUSINESS SESSION:
ITEM TITLE: Consideration of Redevelopment Successor CONSENT CALENDAR:
Agency Oversight Board Recommendation(s) STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Approve the list of one to three potential candidates for Supervisor Benoit's
consideration for his appointment of the "member of the public" appointee to the
Oversight Board for the City of La Quinta as Successor Agency ("SA") to the La
Quinta Redevelopment Agency, and authorize the Interim City Manager to transmit
the list to Supervisor Benoit.
FISCAL IMPLICATIONS:
None for this action. However, the City, as SA is responsible for costs related to
the administration (meetings, noticing, minutes, etc.) of the Oversight Board. The
costs are to be included in the administrative budget prepared by the SA for
approval by the Oversight Board. Once approved by the Oversight Board, the SA is
entitled to receive an administrative allowance of up to 5% of property tax
allocated to the Successor Agency for FY 2011-2012, and up to 3% of the
property tax allocated to the Successor Agency for the payment of enforceable
obligations in each succeeding fiscal year. The annual amount will not be less than
$250,000 for any fiscal year.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On December 29, 2011, the California Supreme Court upheld ABx1 26, which
dissolves all redevelopment agencies in California, effective February 1, 2012. All
the assets, properties, contracts, leases, and records of the former redevelopment
agency will be automatically transferred by operation of law to an SA on
February 1, 2012. On January 3, 2012, the City of La Quinta elected to serve as
the SA to the La Quinta Redevelopment Agency. The SA is then responsible for
the winding down of the Agency's obligations subject to the monitoring by and
approval of an Oversight Board. Each SA will have its own Oversight Board until
2016, when all Oversight Boards will be consolidated into one county -wide
Oversight Board.
The Oversight Board has two main functions relating to the SA. First, many of the
SA's actions must be approved by the Oversight Board in order to become
effective. Second, the Oversight Board is required to direct the SA to take certain
actions.
Some of the key actions of the SA that are subject to Oversight Board approval
include the following (Attachment 1):
(1) Establishing a Recognized Obligation Payment Schedule.
(2) Approving the Administrative Budget for the SA and Oversight Board.
(3) Entering into any new agreements with the City.
(4) Refunding of outstanding bonds.
(5) Establishment of new repayment schedules for outstanding loans.
(6) Setting aside reserves required by indentures or bonds.
(7) Merging of project areas.
(8) Entering into "compensation agreements" with other taxing entities for
the purpose of retaining RDA funded properties or assets for future redevelopment
activities.
(9) Pledging of tax revenues.
The Oversight Board is to "direct" the SA to do as follows:
(1) To dispose of all assets and properties of the former RDA that were
funded by tax increment. (Some public facilities can be treated differently.) The
disposal is to be done expeditiously and in a manner aimed at maximizing value.
(2) To cease performing in connection with and terminate all existing
agreements that do not qualify as enforceable obligations.
(3) To terminate certain types of agreements between the dissolved RDA
and any other public agency relating to funding for construction or operation of
facilities if the Oversight Board finds that the early termination of the agreement
would be in the best interest of the taxing agencies.
(4) To determine whether any contract between the RDA and a private party
should be terminated or renegotiated to reduce liabilities and increase the net
revenues to the taxing agencies.
The members of the Oversight Board have fiduciary responsibilities both to the
holders of enforceable obligations and to taxing entities who are supposed to
benefit from the distribution of the revenues generated by the dissolution of the
RDA.
Pursuant to Health & Safety Code Section 34179 (provided as Attachment 1), the
Oversight Board to the SA will consist of 7 members who will be appointed as
follows.
(1) County Appointees (2). Supervisor Benoit will appoint two members,
one of whom is . required to be a member of the public. Pursuant to the
interpretation of the County Counsel, the person should live or work in La Quinta.
Supervisor Benoit has requested the City's input regarding this appointment
(Attachment 2) by February 1, 2012. Based upon a conference organized by
Supervisor Benoit on January 17, 2012, it is likely that Supervisor Benoit's second
appointee will be a County employee familiar with redevelopment.
(2) City of La Quinta Appointees (2). The Code authorizes Mayor Adolph to
appoint two members to the Board. One of the appointees is specifically required to
be a City's employee whose salary was partially paid by the RDA and who is a
member of the Recognized Employee Organization. Approximately 22 employees
are eligible for that appointment. The second member appointed by Mayor Adolph
can be the Mayor himself, one of the Council Members, a staff member, a former
council member, or a resident who is familiar with finance and redevelopment
matters. The Mayor will need to make these two appointments within the next
month.
(3) County Superintendent of Education Appointee (1). Kenneth Young, the
Riverside County Superintendent of Education will be entitled to appoint one
member.
(4) Chancellor of California Community College Appointee (1). Jack Scott,
the California Community College Chancellor is authorized to appoint one member.
(5) Special District Taxing Entity Appointee (1). The largest special district
by property share within the RDA project areas is entitled to appoint one member.
School districts are not considered "special districts" for this purpose. Based upon
preliminary information, staff believes this may be the Coachella Valley Water
District. The County is in the process of verifying the identity of this entity.
The meetings of the Oversight Board will be subject to the Brown Act. The Board
will be subject to requests under the Public Records Act. The Board Members will
be subject to the conflict of interest rules in the Political Reform Act and in
Government Code section 1090. Board members receive no stipend or
compensation, and serve at the pleasure of the entity that appointed such member.
The meeting frequency is not spelled out in the Health & Safety Code, so it is
assumed the Board will set its meeting schedule.
The Oversight Board actions must be taken by a "majority of their members" rather
than a majority of the quorum. Therefore, a motion must be passed by 4
affirmative votes.
Members of the Oversight Board are immune from any personal liability for their
actions.
The location of the Board meetings is not yet known. Supervisor Benoit had
indicated the County was investigating a common location for all nine (9) Coachella
Valley Oversight Boards, such as the CVAG offices. However, under the Brown
Act, the Oversight Board may be required to meet within the jurisdiction at issue.
The City Clerk's office will be responsible for noticing the meetings and for the
preparation of minutes.
Staff has been in contact with three former council members regarding possible
interest in serving on the Oversight Board as Supervisor Benoit's "member of the
public" appointee. Former City Council Member Jim Cathcart of La Quinta Palms
Realty, and former Mayor John Pena indicated a willingness in having their names
forwarded for consideration. Staff also contacted former Council Member Tom
Kirk, who indicated that he prefer not to have his name forwarded due to the
regional nature of his position at the Coachella Valley Association of Governments.
Additionally, Mayor Adolph has indicated that Planning Commissioner, Bob Wright,
has offered to serve.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the list of one to three potential candidates for Supervisor Benoit's
consideration for his appointment of the "member of the public" appointee to
the Oversight Board for the City of. La Quinta as Successor Agency to the
La Quinta Redevelopment Agency, and authorize the Interim City Manager to
transmit the list to Supervisor Benoit; or
2. Do not Approve the list of potential Oversight Board members to represent
the City of La Quinta as Successor Agency to the La Quinta Redevelopment
Agency; or
3. Provide staff with alternative direction.
Respectfully submitted,
Debbie Powell
Economic Development/Housing Manager
Approved for submission by:
Mark Weiss, Interim City Manager
Attachment: 1. Health & Safety Code 34179, 34180, 34181, "Oversight
Boards"
2. Letter from County Supervisor Benoit
ATTACHMENTI
— 29 — Ch. 5
shall be modified in the manner described in Section 34191. All other dates
shall be modified only as necessary to reflect the appropriate fiscal year or
portion of a fiscal year.
CHAPTER 4. OVERSIGHT BOARDS
34179. (a) Each successor agency shall have an oversight board
composed of seven members. The members shall elect one of their members
as the chairperson and shall report the name of the chairperson and other
members to the Department of Finance on or before "nuafy 1, 2012.
Members shall be selected as follows:
(1) One member appointed by the county board of supervisors.
(2) One member appointed by the mayor for the city that formed the
redevelopment agency.
(3) One member appointed by the largest special district, by property tax
share, with territory in the territorial jurisdiction of the former redevelopment
agency, which is of the type of special district that is eligible to receive
property tax revenues pursuant to Section 34188.
(4) One member appointed by the county superintendent of education to
represent schools ifthe superintendent is elected. If the county superintendent
of education is appointed, then the appointment made pursuant to this
paragraph shall be made by the county board of education.
(5) One member appointed by the Chancellor of the California
Community Colleges to represent community college districts in the county.
(6) One member of the public appointed by the county board of
supervisors.
(7) One member representing the employees of the former redevelopment
agency appointed by the mayor or chair of the board of supervisors, as the
case may be, from the recognized employee organization representing the
largest number of former redevelopment agency employees employed by
the successor agency at that time,
(8) If the county or a joint powers agency formed the redevelopment
agency, then the largest city by acreage in the territorial jurisdiction of the
former redevelopment agency may select one member. If there are no cities
with territory in a project area of the redevelopment agency, the county
superintendent of education may appoint an additional member to represent
the public.
(9) If there are no special districts of the type that are eligible to receive
property tax pursuant to Section 34188, within the territorial jurisdiction of
the former redevelopment agency, then the county may appoint one member
to represent the public.
(10) Where a redevelopment agency was forted by an entity that is both
a charter city and a county, the oversight board shall be composed of seven
members selected as follows: three members appointed by the mayor of the
city, where such appointment is subject to confirmation by the county board
of supervisors, one member appointed by the largest special district, by
Fi 96
J e-Ora/i'-
Ch. 5 — 30 —
property tax share, with territory in the territorial jurisdiction of the former
redevelopment agency, which is the type of special district that is eligible
to receive property tax revenues pursuant to Section 34188, one member
appointed by the county superintendent of education to represent schools,
one member appointed by the Chancellor of the California Community
Colleges to represent community college districts, and one member
representing employees of the former redevelopment agency appointed by
the mayor of the city where such an appointment is subject to confirmation
by the county board of supervisors, to represent the largest number of former
redevelopment agency employees employed by the successor agency at that
time.
(b) The Governor may appoint individuals to fill any oversight board
member position described in subdivision (a) that has not been filled by
January 15, 2012, or any member position that remains vacant for more
than 60 days.
(c) The oversight board may direct she staff of the successor agency to
perform work in furtherance of the oversight board's duties and
responsibilities under this part. The successor agency shall pay for all of
the costs of meetings of the oversight board and may include such costs in
its administrative budget. Oversight board members shall serve without
compensation or reimbursement for expenses.
(d) Oversight board members shall have personal immunity from suit
for their actions taken within the scope of their responsibilities as oversight
board members.
(e) A majority of the total membership of the oversight board shall
constitute a quorum for the transaction of business. A majority vote of the
total membership of the oversight board is required for the oversight board
to take action. The oversight board shall be deemed to be a local entity for _
purposes of the Ralph M. Brown Act, the California Public Records Act,
and the Political Reform Act of 1974.
(f) All notices required by law for proposed oversight board actions shall
also be posted on the successor agency's Internet Web site or the oversight
board's Internet Web site.
(g) Each member of an oversight board shall serve at the pleasure of the
entity that appointed such member.
(h) The Department of Finance may review an oversight board action
taken pursuant to the act adding this part. As such, all oversight board actions
shall not be effective for three business days, pending a request for review
by the department. Each oversight board shall designate an official to whom
the department may make such requests and who shall provide the
department with the telephone number and e-mail contact information for
the purpose of communicating with the department pursuant to this
subdivision. In the event that the department requests a review of a given
oversight board action, it shall have 10 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 returns the
Fil 96
-31— Ch.5
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) Oversight boards shall have fiduciary responsibilities to holders of
enforceable obligations and the taxing entities that benefit from distributions
of property tax and other revenues pursuant to Section 34188. Further, the
provisions of Division 4 (commencing with Section 1000) of the Government
Code shall apply to oversight boards. Notwithstanding Section 1099 of the
Government Code, or any other law, any individual may simultaneously be
appointed to up to five oversight boards and may hold an office in a city,
county, city and county, special district, school district, or community college
district.
0) Commencing on and after July 1, 2016, in each county where more
than one oversight board was created by operation of the act adding this
part, there shall be only one oversight board appointed as follows:
(1) One member may be appointed by the county board of supervisors.
(2) One member may be appointed by the city selection committee
established pursuant to Section 50270 of the Government Code. In a city
and county, the mayor may appoint one member.
(3) One member may be appointed by the independent special district
selection committee established pursuant to Section 56332 of the
Government Code, for the types of special districts that are eligible to receive
property tax revenues pursuant to Section 34188.
(4) One member may be appointed by the county superintendent of
education to represent schools if the superintendent is elected. If the county
superintendent of education is appointed, then the appointment made
pursuant to this paragraph shall be made by the county board of education.
(5) One member may be appointed by the Chancellor of the California
Community Colleges to represent community college districts in the county.
(6) One member of the public may be appointed by the county board of
supervisors.
(7) One member may be appointed by the recognized employee
organization representing the largest number of successor agency employees
in the county.
(k) The Governor may appoint individuals to fill any oversight board
member position described in subdivision 0) that has not been filled by July
15, 2016, or any member position that remains vacant for more than 60
days.
(I) Commencing on and after July 1, 2016, in each county where only
one oversight board was created by operation of the act adding this part,
then there will be no change to the composition of that oversight board as
a result of the operation of subdivision (b).
(m) Any oversight board for a given successor agency shall cease to exist
when all of the indebtedness of the dissolved redevelopment agency has
been repaid.
D1 96
Ch. 5 — 32 —
34180. All of the following successor agency actions shall first be
approved by the oversight board:
(a) The establishment of new repayment terms for outstanding loans
where the terms have not been specified prior to the date of this part.
(b) Refunding of outstanding bonds or other debt of the former
redevelopment agency by successor agencies in order to provide for savings
or to finance debt service spikes; provided, however, that no additional debt
is created and debt service is not accelerated.
(c) Setting aside of amounts in reserves as required by indentures, trust
indentures, or similar documents governing the issuance of outstanding
redevelopment agency bonds.
(d) Merging of project areas.
(e) Continuing the acceptance of federal or state grants, or other forms
of financial assistance from either public or private sources, where assistance
is conditioned upon the provision 6f matching funds, by the successor entity
as successor to the former redevelopment agency, in an amount greater than
5 percent.
(f) (1) If a city, county, or city and county wishes to retain any properties
or other assets for future redevelopment activities, funded from its own
funds and under its own auspices, it must reach a compensation agreement
with the other taxing entities to provide payments to them in proportion to
their shares of the base property tax, as determined pursuant to Section
34188, for the value of the property retained.
(2) If no other agreement is reached on valuation of the retained assets,
the value will be the fair market value as of the 2011 property tax lien date
as determined by the county assessor.
(g) Establishment of the Recognized Obligation Payment Schedule.
(h) A request by the successor agency to enter into an agreement with
the city, county, or city and county that formed the redevelopment agency
that it is succeeding.
(i) A request by a successor agency or taxing entity to pledge, or to enter
into an agreement for the pledge of, property tax revenues pursuant to
subdivision (b) of Section 34178.
34181. The oversight board shall direct the successor agency to do all
of the following:
(a) Dispose of all assets and properties of the former redevelopment
agency that were funded by tax increment revenues of the dissolved
redevelopment agency; provided, however, that the oversight board may
instead direct the successor agency to transfer ownership of those assets
that were constructed and used for a governmental purpose, such as roads,
school buildings, parks, and fire stations, to the appropriate public
jurisdiction pursuant to any existing agreements relating to the construction
or use of such an asset. Any compensation to be provided to the successor
agency for the transfer of the asset shall be governed by the agreements
relating to the construction or use of that asset. Disposal shall be done
expeditiously and in a manner aimed at maximizing value.
a] 96
- 33 — Ch. 5
(b) Cease performance in connection with and terminate all existing
agreements that do not qualify as enforceable obligations.
(c) Transfer housing responsibilities and all rights, powers, duties, and
obligations along with any amounts on deposit in the Low and Moderate
Income Housing Fund to the appropriate entity pursuant to Section 34176.
(d) Terminate any agreement, between the dissolved redevelopment
agency and any public entity located in the same county, obligating the
redevelopment agency to provide funding for any debt service obligations
of the public entity or for the construction, or operation of facilities owned
or operated by such public entity, in any instance where the oversight board
has found that early termination would be in the best interests of the taxing
entities.
(e) Determine whether any contracts, agreements, or other arrangements
between the dissolved redevelopment agency and any private parties should
be terminated or renegotiated to reduce liabilities and increase net revenues
to the taxing entities, and present proposed termination or amendment
agreements to the oversight board for its approval. The board may approve
any amendments to or early termination of such agreements where it finds
that amendments or early termination would be in the best interests of the
taxing entities.
Cvuntp of Rtberotbe
ATTACHMENT 2
RRTRSIDE OFFICE:
4080 Lemon Street, 5"' Floor
Riverside, CA 92502-1647
(951)955-1040
Fax (951) 95.5 2194
16i
To:
From
Date:
Re:
SUPERVISOR JOHN J. BENOIT
FOURTH DISTRICT
Coachella Valley City Managers
Supervisor John J. Benoit
January 11, 2012
DIS'rRlcr OFFICEIMAILINc OFFICE:
73-710 Fred Waring Drive, Ste. 222
Palm Desert, CA 92260
(760)863-8211
Fax (760)863-8905
Creation of Oversight Boards for Newly Created Successor Agencies
In the wake of last month's California Supreme Court ruling, the County of Riverside is
in the process of complying with the RDA Dissolution Act. Although there is potential
for legislation to delay the dissolution of RDAs from February Ito April, it is necessary
to initiate steps to comply with the Dissolution Act.
According to the Dissolution Act, an oversight board must be created to oversee the
activities of the successor agency of each RDA. The Board of Supervisors is
responsible for appointing one member of the public to each oversight board. I would
appreciate receiving recommendations from your city for the county's public member
appointee.
Please provide the list of name(s) and your thoughts relating to this appointment to my
office as soon as possible.
Thank you for your assistance.
John J. Benoit
INTERNET: www.RivCo4.org