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HomeMy WebLinkAbout1987-09-10MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, SEPTEMBER 10, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • I. CALL TO ORDER Chairman Kelly convened the meeting at 7:50 p.m. II. ROLL CALL Present: Vice Chairman Jean M. Benson Member Buford A. Crites Member Walter H. Snyder Member S. Roy Wilson Chairman Richard S. Kelly Also Present: Carlos L. Ortega, Executive Director Bruce A. Altman, City Manager Mary P. Frazier. Assistant Agency Secretary Ramon A. Diaz, Director of Community Development/Planning Richard J. Folkers. Director of Public Works Kirby J. Warner, Director of General Services 111. CONSENT CALENDAR A. MINUTES of the Meeting of the Redevelopment Agency of August 27, 1987. Rec: Approve as presented. MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • •• • • B. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-123E for Magnesia Falls Drive Extension Design. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $6.442.60 for engineer services on Magnesia Falls Drive Extension and Portola Avenue by ASL Consulting Engineers; and 2) Appropriate an additional $6,442.60 from the Redevelopment Agency Budget Reserve to the subject contract for Change Order No. 1. C. LETTER OF RESIGNATION_ from Sandy Baum from Redevelopment Agency Project Area Committee. Rec: Accept with sincere regret. Upon motion by Snyder. second by Wilson, and unanimous vote of the Agency Board, the Consent Calendar was approved as presented. Mr. Ortega stated that he inadvertently forgot to ask that Item C of the Consent Calendar be removed for separate discussion. He said the Fair Political Practices Commission (FPPC) had ruled that members of the Project Area Committee were required to file conflict of interest statements, which caused a lot of concern among members. He said some of these members did not wish to disclose their holdings and were objecting to this requirement because they understood that they would have to abstain from voting on any issues. He said he had sent copies of Deputy City Attorney Doug Phillips' memorandum regarding these disclosure statements to each of the Committee members and now did not think the Agency would have as many resignations as he had originally thought. He added that Mr. Baum was not able to stay for the meeting and had asked that the Board not accept his letter of resignation and allow him to withdraw it. Member Wilson moved to reconsider the vote relative to Mr. Sandy Baum's letter of resignation from the Project Area Committee. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Member Crites ABSTAINING. 2 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 10, 1987 : * . . . Member Wilson asked how Mr. Baum's situation had changed since submittal of his letter. Mr. Ortega responded that Mr. Baum thought he would have to abstain from voting on any decision of the Committee. However, the written opinion of Mr. Phillips had indicated it only applied to decisions the members were making that would be of particular personal benefit or detriment to them. Mr. David J. Erwin, City Attorney, explained that if there was a substantial financial detriment or benefit to a particular individual, he or she would have to abstain from any decision. Member Wilson suggested tabling this item until staff and Mr. Baum could meet to discuss the various implications of the law as far as clients. Mr. Erwin stated that in this regard, if a client was a source of income to Mr. Baum, he would have to disqualify himself from voting on anything dealing with that client. Member Crites moved to allow Mr. Baum the right of reconsideration of his letter of resignation. Motion was seconded by Kelly and carried by unanimous vote of the Agency Board. IV. ORAL COMMUNICATIONS None V. RESOLUTIONS A. RESOLUTION NO. 209 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY AMENDING THE AGENCY BYLAWS TO ESTABLISH THE MEETING TIME OF THE AGENCY AT 4:00 P.M. Member Crites moved to waive further reading and adopt Resolution No. 209. Motion was seconded by Kelly and carried by unanimous vote of the Agency Board. VI. CONSENT ITEMS HELD OVER None 3 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 10, 1987 • • • • • • • • VI1. NEW BUSINESS • • • • • • • • • • • A. REQUEST FOR APPROVAL OF PASS THROUGH AGREEMENTS WITH AFFECTED TAXING AGENCIES. Mr. Ortega reviewed the staff report dated August 28th, noting that the recommendation was that the agreements be approved in concept only because several changes still needed to be made. He said staff was asking for the approval at this time so that the affected agencies could be notified that the Agency Board was willing to enter into the agreements and the project could proceed. Member Crites moved to, by Minute Motion, approve in concept the pass through agreements with Palm Springs Unified School District (Contract No. RD-247), Desert Sands Unified School District (Contract No. RD-248), College of the Desert (Contract No. RD-249), and the Mosquito Abatement District (Contract No. RD-250) as affected taxing agencies for the Redevelopment Project Area No. 2. Motion was seconded by Benson and carried by a 4-0-1 vote, with Member Wilson ABSTAINING. VIII. CONTINUED BUSINESS None IX. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT #RD-240 - HIGHWAY 111 (FAU) WIDENING PROJECT ELECTRICAL UNDERGROUNDING CONVERSION. Mr. Folkers reviewed the staff report, noting that Mr. Kermit Martin from Southern California Edison was present to answer any questions. Member Snyder moved to, by Minute Motion: 1) Award Contract No. RD-240 to Southern California Edison Company in the amount of $205,422.00, and authorize a fifteen percent contingency reserve for the contract in the amount of $30,813; and 2) Approve the execution of the Letter of Agreement with Southern California Edison for the deferred payment of the applicable ITCC, not to exceed $224,525. Motion was seconded by Crites and carried by unanimous vote of the Agency Board. 4 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • X. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Ortega asked that the Agency meeting be left open until after the City Council Closed Session. B. AGENCY COUNSEL Absent C. CHAIRMAN AND MEMBERS OF THE AGENCY None XI. ADJOURNMENT Member Snyder moved to adjourn the meeting at 8:15 p.m. until after the City Council Closed Session. Motion was seconded by Wilson and carried by unanimous vote of the Agency Board. Mayor/Chairman Kelly reconvened both the Council and Agency meetings at 8:53 p.m. for the purpose of holding a joint discussion on a request by the County of Riverside for an extension of time relative to an agreement to pass through tax increment from the Palm Desert Redevelopment Project Area #2 to the County of Riverside. Mr. Ortega stated this item had come up after the Agenda was posted. He said he had r-eceived communications from the County of Riverside requesting that action be taken at this time by both the City Council and Redevelopment Agency Board. Councilman/Member Snyder moved to determine that this item came up after the Agenda was posted and needed to be considered at this time. Motion was seconded by Benson and carried by unanimous vote of the Council/Agency Board. Upon question by Wilson. Mr. Ortega stated that a letter had been hand -delivered that day from the County of Riverside. He said he had been unable to finalize a final agreement with the County and that they were asking the Council/Agency Board to approve an agreement for a time extension of two months so that an acceptable pass through agreement could be negotiated. He asked that the extension agreement be approved in concept because there were several items which had to be changed. 5 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman/Member Crites moved to approve in concept the agreement extending for 60 days the period that the County can commence a validation action. Motion was seconded by Wilson and carried by unanimous vote of the Council/Agency Board. Upon motion by Snyder, second by Crites, and unanimous vote of the Council/Agency Board, Mayor/Chairman Kelly adjourned the meeting at 9:00 p.m. ATTEST: • MARY P. F• IER, ASSISTANT SECRETARY TO THE PALM D. RT REDEVELOPMENT AGENCY a / RIC ARD S. KEL Y, CHAL"MAN 6