HomeMy WebLinkAbout2015-02-12MINUTES
PALM DESERT HOUSING AUTHORITY MEETING
THURSDAY, FEBRUARY 12, 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. Hamik
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
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. Sheriffs Department
Grace L. Mendoza, Deputy City Clerk
III. ADJOURN TO CLOSED SESSION
Request for Closed Session:
A. Conference with Real Property Negotiator pursuant to Govemment Code
Section 54956.8:
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PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015
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
With Authority Board concurrence, Chairman Weber adjoumed the meeting to
Closed Session at 3:01 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 January 22, 2015.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE AUTHORITY TREASURY -
Warrant Nos. 169HA, 168-Housing, 173-Housing, 176-Housing, 174HAF,
and 178HAF.
Rec: Approve as presented.
C. HOUSING COMMISSION MINUTES for the Meeting of December 10, 2014.
Rec: Receive and file.
Upon a motion by Spiegel, second by Hamik, and 5-0 vote of the Authority Board
(AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the Consent
Calendar was approved as presented.
VI. CONSENT ITEMS HELD OVER
None
VII. RESOLUTIONS
None
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PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015
VIII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENT TO THE FISCAL YEAR
2014-2015 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS (JOINT
CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Mr. Gibson stated staff recommended Council revise the Revenues to
$49,622,500, and Expenses to $48,665.671. The major increases to
revenue is due to both the sales tax and Transient Occupancy Tax (T.O.T.),
stating staff had budgeted conservatively at $150,000 for short-term rentals.
Even though the City collected $621,000 last year, it was for multiple years,
so he didn't know how true that number was. Therefore, staff is increasing
that amount to make the adjustment. In the expenditure side, staff
recommended increasing the amount to $415,125, stating the major expense
is the Marketing Budget of $270,000, which includes the incentive
opportunities for hotel properties. On the Housing Authority side, there is a
$1 million budget for resale of the housing properties. Responding to
question, he said the year-end balance for the General Fund was about $65
million.
Mayor Pro TemNice Chairman Spiegel moved to, waive further reading and adopt:
1) City Council Resolution No. 2015 - 08, amending the FY 2014-2015 Budget as a result
of Mid -year Adjustments; 2) Housing Authority Resolution No. HA - 71, amending the FY
2014-2015 Budget as a result of Mid -year Adjustments. Motion was seconded by
Jonathan.
Councilman/Member Jonathan noted he had a few questions that Mr. Gibson
was kind and patient enough to answer.
Councilmember/Member Hamik commented she was pleased with
Mr. Gibson's conservative approach and happy that short-term rentals were
paying off.
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).
B. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS
FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS
PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE
HOUSING COST ASSOCIATED WITH A DIRECT SALE IN
FALCON CREST — 42065 HOVLEY GARDENS DRIVE
(A.P.N. 624-430-005) (JOINT CONSIDERATION WITH THE PALM DESERT
CITY COUNCIL).
Ms. Moore stated this item was a direct sale, and anytime the City/Authority
is offering down payment assistance, and it reaches the point of escrow or
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PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015
potential escrow, staff seeks authorization. She noted the next four items on
the agenda are similar.
Councilman/Member Tanner moved to, by Minute Motion: 1) Approve a silent down
payment assistance loan associated with a direct sale in Falcon Crest, not to exceed 20% of the
sales price of the home, to ensure an affordable housing cost pursuant to Califomia Health and
Safety Code Section 50052.5 for a qualified low- or moderate -income household from any available
funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund,
BEGIN Fund, and Housing Mitigation); 2) authorize use of the Falcon Crest Sales Program and
documents, including the restrictive covenant and loan documents for the applicable funding
source, and authorize the Mayor to execute; 3) authorize the Director of Finance to draw monies
from the relative funds to facilitate the transaction; 4) authorize the Authority Chairman and/or the
Authority's Executive Director, or his designee, to finalize and execute any ancillary documents
necessary to effectuate the actions taken herewith — monies are available in the appropriate
account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing
Mitigation Fund. Motion was seconded by Jonathan and carried by a 5-0 vote (AYES: Hamik,
Jonathan, Spiegel, Tanner, and Weber; NOES: None).
C. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS
FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS
PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE
HOUSING COST ASSOCIATED WITH A DIRECT SALE IN
DESERT ROSE — 75304 KELSEY CIRCLE NORTH (A.P.N. 634-241-027)
(JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Ms. Moore stated this property was in the Desert Rose development, and it's
anticipated that it will be a direct sale; therefore, staff is seeking Council's
authorization for the down payment assistance.
Councilman/Member Tanner moved to, by Minute Motion: 1) Approve a silent down
payment assistance loan associated with a direct sale in Desert Rose, not to exceed 40%
of the sales price of the home to ensure an affordable housing cost, pursuant to Califomia
Health and Safety Code Section 50052.5 for a qualified low- or moderate -income
household from any available funding source restricted for such purpose (Low and
Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation);
2) authorize use of the Desert Rose Sales Program and documents, including the
restrictive covenant and loan documents for the applicable funding source, and authorize
the Mayor to execute; 3) authorize the Director of Finance to draw monies from the relative
funds to facilitate the transaction; 4) authorize the Authority Chairman and/or the
Authority's Executive Director, or his designee, to finalize and execute any ancillary
documents necessary to effectuate the actions taken herewith — monies are available in
the appropriate account in the Low and Moderate Income Housing Asset Fund,
BEGIN Fund, and Housing Mitigation Fund. Motion was seconded by Jonathan and
carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES:
None).
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PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015
D. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS
FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS
PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE
HOUSING COST ASSOCIATED WITH A DIRECT SALE IN
DESERT ROSE — 75329 KELSEY CIRCLE SOUTH (A.P.N. 634-241-010)
(JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Councilmember/Member Hamik moved to, by Minute Motion: 1) Approve a silent
down payment assistance loan associated with a direct sale in Desert Rose, not to exceed
40% of the sales price of the home to ensure an affordable housing cost, pursuant to
Califomia Health and Safety Code Section 50052.5 for a qualified low- or moderate -income
household from any available funding source restricted for such purpose (Low and
Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize
use of the Desert Rose Sales Program and documents, including the restrictive covenant
and loan documents forthe applicable funding source, and authorize the Mayorto execute;
3) authorize the Director of Finance to draw monies from the relative funds to facilitate the
transaction; 4) authorize the Authority Chairman and/or the Authority's Executive Director,
or his designee, to finalize and execute any ancillary documents necessary to effectuate
the actions taken herewith — monies are available in the appropriate account in the Low
and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund.
Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan,
Spiegel, Tanner, and Weber; NOES: None).
E. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS
FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS
PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE
HOUSING COST ASSOCIATED WITH A DIRECT SALE IN
DESERT ROSE — 75473 ORANGE BLOSSOM LANE (A.P.N. 634-061-031)
(JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Councilmember/Member Hamik moved to, by Minute Motion: 1) Approve a silent
down payment assistance loan associated with a direct sale in Desert Rose, not to exceed
40% of the sales price of the home to ensure an affordable housing cost, pursuant to
Califomia Health and Safety Code Section 50052.5 for a qualified low- or moderate -income
household from any available funding source restricted for such purpose (Low and
Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize
use of the Desert Rose Sales Program and documents, including the restrictive covenant
and loan documents forthe applicable funding source, and authorize the Mayorto execute;
3) authorize the Director of Finance to draw monies from the relative funds to facilitate the
transaction; 4) authorize the Authority Chairman and/or the Authority's Executive Director,
or his designee, to finalize and execute any ancillary documents necessary to effectuate
the actions taken herewith — monies are available in the appropriate account in the Low
and Moderate Income Housing Asset Fund, BEGIN Fund and Housing Mitigation Fund.
Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan,
Spiegel, Tanner, and Weber; NOES: None).
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PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015
F. REQUEST FOR APPROVAL OF THE EXECUTION OF A HOUSING BOND
PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE
PALM DESERT HOUSING AUTHORITY, AND TAKING CERTAIN
RELATED ACTIONS (CONTRACT NO. SA34210) (JOINT
CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY).
Management Analyst Veronica Tapia stated this item is similar to the
previous item, however, it's forthe Housing Bonds forthe remaining projects.
She said the Department of Finance (DOF) already approved the Carlos
Ortega Villas, the Housing Subsidy Program, and a few other items that were
on the tax certificate that funds can be used and intend for.
Director/Member Hamik moved to, waive further reading and adopt Resolution Nos.
SA -RDA 043 and HA - 74, approving execution of a Housing Bond Proceeds Funding
Agreement between the Successor Agency to the Palm Desert Redevelopment Agency
and the Palm Desert Housing Authority, and taking certain related actions. Motion was
seconded by Tanner and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner,
and Weber; NOES: None).
IX. CONTINUED BUSINESS
None
X. OLD BUSINESS
None
XI. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE
PROPERTY LOCATED AT 75333 KELSEY CIRCLE NORTH
(A.P.N. 634-242-019) - DESERT ROSE, PALM DESERT, PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT
CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Ms. Moore stated the subject property is owned by the Authority and before
it can be sold a public hearing has to be conducted in order to hear
testimony on the proposed purchase contract.
Mayor/Chairman Weber declared the public hearing open and invited public
testimony in FAVOR of or in OPPOSITION to this matter. With no testimony
offered, she declared the public hearing closed.
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PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015
Councilmember/Member Hamik moved to: 1) Waive further reading and adopt
Resolution No. HA - 72, approving the sale of the property pursuant to the attached draft
Purchase and Sale Agreement for up to $121,710, depending on terms of the negotiated
sale; 2) by Minute Motion: a) Approve silent homebuyer assistance loan in an amount that
does not exceed 40% of the sales price for the homebuyer to ensure an affordable housing
cost for a qualified low- or moderate -income household from any available funding source
restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority
Program Income; b) authorize payment of transaction costs from the sale proceeds for the
purpose of repairs required for closing and fees customary to real estate transactions in
Riverside County, including escrow, title, FHA fees, inspections, vermin eradication,
commissions, and disclosures; c) authorize use of the Desert Rose Sales Program and
documents, including the restrictive covenant and loan documents for the applicable
funding source, in their substantial form; d) authorize the Mayor, Authority's Chairman,
and/or Authority's Executive Director, or his designee, to finalize and execute the Purchase
and Sale Agreement and any ancillary documents necessary to effectuate the sale and
actions taken herewith. Motion was seconded by Spiegel and carried by a 5-0 vote
(AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
B. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE
PROPERTY LOCATED AT 43710 KELSEY COURT (A.P.N. 634-241-042) -
DESERT ROSE, PALM DESERT, PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM
DESERT CITY COUNCIL).
Ms. Moore stated the proposed property is owned by the Authority and is
contemplating selling it; therefore, a public hearing must be conducted to
receive public testimony on the purchase contract.
Mayor/Chairman Weber declared the public hearing open and invited public
testimony in FAVOR of or in OPPOSITION to this matter. With no testimony
offered, she declared the public hearing closed.
Mayor Pro TemNice Chairman Spiegel moved to: 1) Waive further reading and
adopt Resolution No. HA - 73, approving sale of the property pursuant to the attached draft
Purchase and Sale Agreement for up to $131,512, depending on terms of the negotiated
sale; 2) by Minute Motion: a) Approve silent homebuyer assistance loan in an amount that
does not exceed 40% of the sales price for the homebuyer to ensure an affordable housing
cost for a qualified low- or moderate -income household from any available funding source
restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority
Program Income; b) authorize payment of transaction costs from the sale proceeds for the
purpose of repairs required for closing and fees customary to real estate transactions in
Riverside County, including escrow, title, FHA fees, inspections, vermin eradication,
commissions, and disclosures; c) authorize use of the Desert Rose Sales Program and
documents, including the restrictive covenant and loan documents for the applicable
funding source, in their substantial form; d) authorize the Mayor, Authority's Chairman,
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PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015
and/or Authority's Executive Director, or his designee, to finalize and execute the Purchase
and Sale Agreement and any ancillary documents necessary to effectuate the sale and
actions taken herewith. Motion was seconded by Tanner and carried by a 5-0 vote
(AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
XII . REPORTS, REMARKS, AND AUTHORITY BOARD ITEMS REQUIRING ACTION
A. EXECUTIVE DIRECTOR
None
B. AUTHORTTY COUNSEL
None
C. CHAIRMAN AND MEMBERS OF THE AUTHORITY
None
XIII. ORAL COMMUNICATIONS - C
None
XIV. ADJOURNMENT
Upon a motion by Tanner, second by Spiegel, and unanimous consent of the
Authority Board, Chairman Weber adjourned the meeting at 5:47 p.m.
ATTEST:
Al..,111NOFP-'411
' ELLE .. KLASSEN, SECRETARY
PALM DESERT HOUSING AUTHORITY
SUSAN MARIE WEBER, CHAIRMAN
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