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2012 03 07 OB MinutesOVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY MINUTES MARCH 7, 2012 A special meeting of the Oversight Board of Successor Agency to La Quinte Redevelopment Agency was called to order at 4:00 p.m. by Interim City Manager, Mark Weiss. PRESENT: Board Members Ellis, Marshall, Maysels, McDaniel, Nelson, Osborne, Chairperson Pena ABSENT: None PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed PRESENTATIONS Introduction of Board Members: Wade Ellis, Director of Fiscal Services, Desert Community College District; Appointed by Chancellor of California Community College Heidi Marshall, Asst. Director, Economic Development Agency for County of Riverside; Appointed by Supervisor John Benoit Susan Maysels, City of La Quinta Employee; Appointed by Mayor of La Quinta Cindy McDaniel, Asst. Superintendent, Business Services, Desert Sands Unified School District; Appointed by Riverside County Office of Education Peter Nelson, President of Coachella Valley Water District Board of Directors; Appointed by Coachella Valley Water District Board of Directors Lee Osborne, City of La Quinta Council Member; Appointed by Mayor of La Quinta John Pena, Resident of City of La Quinta, Appointed by Supervisor John Benoit 2. Swearing in of Board Members Board Members were sworn in by the City of La Quinta Interim City Clerk. BUSINESS ITEMS 1. Election of Chair and Vice -Chair The vote was done by ballot. Chairperson: Board Member Pena - 5. votes; Board Member Ellis - 1 vote; Board Member Marshall - 1 vote. MOTION: A motion was made by Board Members Osborne /Maysels to elect John Pena as Chairperson of the Oversight Board. Motion carried by a vote of 7 ayes, 0 nays. Vice Chairperson: Board Member Osborne 6 votes; Board Member Maysels - 1 vote MOTION: A motion was made by Board Members Nelson /Ellis to elect Board Member Osborne as Vice Chairperson of the Oversight Board. Motion carried by a vote of 7 ayes, 0 nays 2. Designation of Contact Person for Department of Finance Inquiries Motion to appoint Interim Executive Director as Contact Person Pursuant to the Health & Safety Code, the Board must designate a person for the Department of Finance for any inquiries regarding actions taken by the Board. Staff recommended the Interim Executive Director as contact person. MOTION: A motion was made by Board Members Maysels /McDaniel to appoint the Interim Executive Director as contact person for Department of Finance inquiries. Motion carried unanimously. 3. Consideration of a Resolution Establishing the Date, Time and Location for Meeting of the Oversight Board of Successor Agency to La Quinta Redevelopment Agency The Board adopted a resolution to meet on the Wednesday after the first and third Tuesday of the month at 2:00 p.m. beginning Wednesday, March 21„ 2012. However, staff recommended canceling the March 21, 2012 meeting due to complex issues on the next agenda. Therefore, the next OVERSIGHT BOARD MINUTES 2 MARCH 7, 2012 Board meeting will be Wednesday, April 4 2012. MOTION: A motion was made by Board Members Nelson /Osborne to adopt Resolution No. OB 2012 -001 establishing the date, time and location of Oversight Board meetings as the Wednesday after the first and third Tuesday of the month at 2:00 p.m. at La Quinta City Hall, 78495 Calle Tampico, La Quinta, California. Motion carried by vote of 7 ayes, 0 nays. 4. Consideration of a Resolution Adopting Bylaws and a Resolution Adopting Rules of Procedure of the Oversight Board of Successor Agency to La Quinta Redevelopment Agency Board Member Maysels commented that the local practice of numbering minute actions is obsolete and of no use to the Board minutes. Maysels recommended that the reference to minute actions in Section 9 be deleted from the Rules of Procedures and as well as the word "Minute Order" on the first line of Section 91a►. MOTION: A motion was made by Chairperson Pena /Vice Chair Osborne to adopt Resolution No. 2012 -002 Bylaws and Resolution No. 2012 -003 Rules of Procedure as amended. Motion carried by vote 7 ayes, 0 nays. Public comment: Kay Wolff, 77 -927 Calle Ensenada, La Quinta Ms. Wolff had questions regarding understanding the Oversight Board: 1. How is the public to be educated on the responsibilities of the Board, the disposition of money and property that were under the Redevelopment Agency? 2. When will Conflict of Interest Statements be filed and available to the public? 3. How can a member of the Successor Agency oversee himself on this Board? 4. How can former council members now oversee actions relating to his or her prior RDA decisions? Interim Executive Director Weiss indicated that the Board can add these items to the next agenda packet to address these questions. OVERSIGHT BOARD MINUTES 3 MARCH 7, 2012 Chairperson Pena stated that meetings are open to the public and will be advertised. He indicated that Conflict of Interest Form 700 will be completed by all Board members and must be filed by April 2, 2012. Vice Chairperson Osborne added that the State Legislature dictates the composition of the Board. INFORMATIONAL ITEMS 1. Purpose of Oversight Board Staff presented staff report. Board Member Nelson asked if the attachments to the staff report were the actual law and if it was a complete summary of Oversight Board responsibilities. Staff indicated that it is complete. Board Member Nelson asked if the total amount of indebtedness of the Successor Agency will be presented to the Board. Staff stated that it will be presented in the annual budget and a summary report would be prepared for the Board at the next meeting. Vice Chairperson Osborne noted that there may be differences in interpretation of the law between the City and County with regard to sending property tax funds to the city for debt service on bonds. He asked if the resolution to those issues would come before the Oversight Board. Kathy Jenson explained how the bond payments are made. The bond payments are listed on the Recognized Obligation Payment Schedule. The payment schedule will come before the Board for approval. 2. Overview of Former La Quinta Redevelopment Agency Frank Spevacek, Principal, RSG, Inc., presented report. Vice Chairperson Osborne asked about the changing laws in Sacramento and was concerned that the Board Members would be in a position of making a decision and the laws could change and could possibly negate what the Board has done. Mr. Spevacek explained that one of the duties of the Oversight Board is to look at existing bond issues and determine if it makes economic sense to either pay off those bond issues or restructure them to lower the amount of property tax revenue needed to retire that debt. There are currently OVERSIGHT BOARD MINUTES 4 MARCH 7, 2012 legislative proposals in Sacramento to allow the Successor Agency to keep non - housing bond proceeds as well as potentially housing bond proceeds. At this time, this Agency has approximately $12 million /$13 million of non - housing bond proceeds available and approximately $28 million of housing bond proceeds available. If these legislative proposals are successful and the Successor Agency and the La Quinta Housing Authority can keep those funds, than decisions regarding those bonds would not be part of the Board's oversight. Mr. Spevacek mentioned the Recognized Obligation Payment Schedule ( "ROPS "), needs to move forward. A project known as the Coral Mountain development proposal must also be addressed shortly. The Developer is going to be applying for tax credits on March 16, 2012. They will not get the award of tax credits until May 2012. The former Redevelopment Agency, when it was in existence, was looking to fund a $29 million commitment to facilitate that development through housing fund cash that the Agency was accruing over about the last three years. So that proposal will be brought forward by staff to see if 1) it meets with the Board's approval and 2) if it does and because it is on the BOPS, it would then be sent up to the State for their blessing or contention. If the legislation passes, then it will be a non - issue; if it doesn't pass and the Board looked favorably on it and the State didn't, than we get into a gray area, which is one of the facets of ABx 1 26 (the legislation the Board is operating under). The second project is the Torre Nissan remodel. Currently, that facility has been demolished. The showroom is a series of tents and temporary structures and inventory is now displayed throughout their blacktop facility. The Agency committed through an owner participation agreement to provide $1.5 million to facilitate the remodel. The fund designated for that are taxable Project Area No. 2 bonds, of which out of the $3.9 million proceeds amount, $1.5 million is designated for the Torre Nissan remodel. This issue will be brought forward in April to seek Board approval. If the Board agrees with that proposal and it is approved, then those funds would be designated for Torre Nissan, sent up to the State Department of Finance for review. If they do not give it their blessing, then we fall into the gray area again. At this point, staff is trying to balance moving some proposal forward for Board consideration because third parties that are under contract, are on a set time frame to move forward. The Board needs to facilitate their time frames and their funding needs and at the same time, there are no absolute guarantees in terms of what the State's position will be or what the Board's collective position will be on blessing or not blessing pending projects. OVERSIGHT BOARD MINUTES 5 MARCH 7, 2012 Vice Chairperson Osborne asked for clarification on the State's review of all Board decisions. The State has three days after each Board meeting to question any decision and ten days to approve the action or return it to the Board for reconsideration. If the Board does not hear anything from the State, it is assumed that they have agreed or allowed the Board to move forward with what they decided. CHAIR AND BOARD MEMBERS' ITEMS — None ADJOURNMENT There being no further business, it was moved by Board Members Nelson /McDaniel to adjourn. Motion carried unanimously. Respectfully LORI LAFOND Oversight Board OVERSIGHT BOARD MINUTES 6 MARCH 7, 2012