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Home My WebLink About2015-04-09MINUTES PALM DESERT HOUSING AUTHORITY MEETING THURSDAY, APRIL 9, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chairman Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present: Member Jan C. Harnik Member Sabby Jonathan Vice Chairman Robert A. Spiegel Member Van G. Tanner Chairman Susan Marie Weber Also Present: John M. Wohlmuth, Executive Director Robert W. Hargreaves, Assistant City Attomey 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 Frankie Riddle, Director of Special Programs Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: MINUTES PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015 NOTE: THE FOLLOWING ITEM NOS. A (1) AND (2) WERE LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 42204 Golden Eagle Lane (APN 624-431-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Nicholas and Corena Killebrew Under Negotiation: x Price x Terms of Payment 2) Property: 42239 Verdin Lane (APN 624-431-017), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Florencio L. Zamoran and Maria Lopez Under Negotiation: x Price x Terms of Payment With Authority Board concurrence, Chairman Weber adjourned the meeting to Closed Session at 3:06 p.m. She 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. CONSENT CALENDAR A. MINUTES of the Housing Authority Meeting of March 26, 2015. Rec: Approve as presented. Upon a motion by Tanner, second by Hamik, and a 4-0-1 vote (AYES: Hamik, Jonathan, Tanner, and Weber; NOES: None; ABSTAINING: Spiegel), the Consent Calendar was approved as presented. 2 MINUTES PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015 VI. CONSENT ITEMS HELD OVER None VII. RESOLUTIONS None VIII. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO LIBERTY LANDSCAPING, INC., IN THE AMOUNT OF $195,639.38 FOR THE 2015 CITYWIDE TREE PRUNING PROGRAM (CONTRACT NO. C34130, PROJECT NO. 932-15) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Greenwood stated this contract is for the annual Citywide Tree Pruning Program as differentiated from the Palm Tree Pruning, which is the next item on the agenda. Mayor Pro TemNice Chairman Spiegel moved to, by Minute Motion: 1) Waive minor bid irregularity; 2) award subject contract for the 2015 Citywide Tree Pruning Program to Liberty Landscaping, Inc., Riverside, California, in the total amount of $195,639.38 ($145,538.56 - City and $50,100.82 - Housing Authority); 3) authorize the Director of Finance to set aside an additional 10% contingency for the project in the total amount of $19,563.94 ($14,553.86 - City and $5,010.08 - Housing Authority); 4) appropriate $101,077.42 ($91,888.56 for base contract plus $9,188.86 for contingency) from Unobligated General Funds to Account Nos. 110-4614-453-3370 ($55,592.58), 110-4610-453-3320 ($22,237.03), 110-4611-453-3320 ($18,193.94), and 441-4195-695-3320 ($5,053.87); 5) authorize the Mayor/Chairman to execute the agreement — funds are available for the portion of the contract relative to the City and Assessment Districts in Parks & Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 110-4610-453-3371; Repair/Maintenance Medians Account No. 110-4614-453-3370; Desert Willow Account No. 441-4195-495-3320; and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2014- 2015 and in the proposed 2015-2016 Housing Authority Operating Budgets. Motion was seconded by Harnik. Councilman/Member Jonathan noted at the last Housing Commission Meeting the Board approved its share of the funding for both the Citywide Tree and Palm Tree Pruning Programs. Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 3 MINUTES PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015 B. REQUEST FOR ACCEPTANCE OF THE LOW BIDDER'S REQUEST TO WITHDRAW AND TO AWARD CONTRACT TO SECOND LOWEST BIDDER, LIBERTY LANDSCAPING, INC., IN THE AMOUNT OF $104,397.44 FOR THE 2015 CITYWIDE PALM TREE PRUNING PROGRAM (CONTRACT NO. C34270, PROJECT NO. 931-15) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Greenwood noted this contract is for the Citywide Palm Tree Pruning Program, and there was an unusual occurrence here in that the low bidder asked to withdraw his bid. He said the contractor missed the fact that it was a prevailing wage contract, which is now required in the State of California. The contractor requested to withdraw his bid and staff recommends that the Council allow him to withdraw and award the contract to the second lowest bidder, which happens to be Liberty Landscaping, Inc., the same contractor that was just awarded the contract for the Citywide Tree Pruning Program. Councilmember/Member Hamik moved to, by Minute Motion: 1) Accept low bidder's request to withdraw (Andy's Landscape & Tree Service, Inc., Palm Desert, California); 2) award subject contract for the 2015 Citywide Palm Tree Pruning Program to Liberty Landscaping, Inc., Riverside, California, in the total amount of $104,397.44 ($93,784.64 - City and $10,612.80 - Housing Authority); 3) authorize the Director of Finance to set aside an additional 10% contingency in the total amount of $10,439.74 ($9,378.46 - City and $1,016.28 - Housing Authority); 4) appropriate $42,151.60 ($38,319.64 for base contract plus $3,831.96 for contingency) from Unobligated General Funds to Account Nos. 110-4614-453-3370 ($14,050.53), 110-4610-453-3320 ($14,050.53), and 110-4611-453-3320 ($14,050.54); 5) authorize the Mayor/Chairman to execute the agreement — funds are available for the portion of the contract relative to the City and Assessment Districts in Parks & Recreation Account Nos. 110-4610-453-3320, 110-4611-453-3320, and 110-4610-453-3371; Repair/Maintenance Medians Account No. 110-4614-453-3370; Desert Willow Account No. 441-4195-495-3320; and Assessment District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2014- 2015 and in the proposed 2015-2016 Housing Authority Operating Budgets. Motion was seconded by Tanner. Councilman/Member Jonathan stated he couldn't let this go without observing what a shame it was that as a Charter City it was subject to the prevailing wage requirement. He said even in a small contract of $100,000, the requirement will cost the City $40,000 more, which could be used so effectively elsewhere. He shuttered to think how much in totality the City will spend as a result of the State mandate. Mayor/Chairman Weber stated she shared the same sentiment, because all cities and special districts are being forced to pay these prevailing wages costing everyone much more money. 4 MINUTES PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015 Councilmember/Member Hamik noted everyone fought against it, but the efforts failed. Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). IX. CONTINUED BUSINESS None X. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE PARKING EASEMENT AGREEMENT WITH PALM CITY ASSOCIATION AND CHANGE ORDER NO. 9 TO CONTRACT WITH OPTIMUS CONSTRUCTION, INC., IN THE AMOUNT OF $187,588.66 FOR CONSTRUCTION OF THE CARLOS ORTEGA VILLAS (CONTRACT NO. HA29410B, PROJECT NO. 825-11) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Project Coordinator Heather Buck explained this request included two main items. The first portion dealt with minor miscellaneous change orders that are related to the project as it stood today, which amounted to a credit back to the Housing Authority of approximately $100. The work included electrical additions, minor changes to improve consistency throughout the project, and utility related work. Portion two is more involved relating to the Parking Easement Agreement with the Palm Desert Country Club Association, A.K.A. Palm City Association. When the Carlos Ortega Villas Project was approved, one of the requirements of the entitlement was construction of a traffic circle, which is scheduled for construction this summer. There will be a loss of approximately 20 parking spaces on the street that are utilized by residents and businesses in the associated area. Staff is working with Palm Desert Country Club Association (PDCCA) to work out a parking easement on their property that the City would construct, and PDCCA would maintain the landscaping of it. The amount for this work would be a change order to Optimus Construction in the approximate amount of $187,000, stating this work wouldn't add time to the contract. She said Successor Agency Funds, which have already been approved with the Bond Proceeds Funding Agreement, would be used for this work as well as Housing Funds. She said there are availability and contingency funds for this added scope of work. Mayor Pro TemNice Chairman Spiegel moved to, by Minute Motion: 1) Approve the Parking Easement Agreement by and between Palm City Association and the City of Palm Desert (Contract No. C29410F); 2) authorize the Mayor to execute the finalized Agreement; 3) approve the Agreement for Construction Access and Parking Easement by and between the Palm Desert Housing Authority and Palm City Association (Contract No. HA29410G); 4) authorize the Chairman to execute the finalized Agreement as approved 5 MINUTES PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015 by Housing Authority Counsel; 5) approve Change Order No. 9 in the total amount of $187,588.66 to Contract No. HA29410B with Optimus Construction, Inc., Glendale, California, for the Carlos Ortega Villas, for the items listed in the accompanying staff report; 6) authorize the transfer of $187,588.66 from contingency to base for the contract; 7) authorize the Chairman to execute Change Order No. 9 — funds for this purpose are available in Account Nos. 871-8691-466-4001 and 703-8691-466-4001 - Capital Improvements. Motion was seconded by Tanner. Councilman/Member Jonathan noted the Housing Commission reviewed and approved this item as well. Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). XI. PUBLIC HEARINGS None XII . REPORTS, REMARKS, AND AUTHORITY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AUTHORITY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AUTHORITY None XIII. ORAL COMMUNICATIONS - C None 6 MINUTES PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015 XIV. ADJOURNMENT On a motion by Tanner, second by Spiegel, and unanimous consent of the Authority Board, Chairman Weber adjourned the meeting at 4:55 p.m. ATTEST: RAHELLE D. KLASSEW', SECRETARY PALM DESERT HOUSING AUTHORIT SUSAN MARIE WEBER, MAYOR 7