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HomeMy WebLinkAbout1994-07-14MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, JULY 14, 1994 CIVIC t i g i i COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Wilson convened the meeting at 5:30 p.m. H. ROLL CALL Present: Member Jean M. Benson Vice Chairman Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Chairman S. Roy Wilson Also Present: Carlos L. Ortega, ACM/Director of Redevelopment Agency Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Agency Secretary Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Ecnnomic Development Paul Gibson, Director of Finance Pat Conlon, Director of Building and Safety Wayne Ramsey, Acting Director of Code Compliance Larry McAllister, General Services Director John Wohlmuth, Assistant to the City Manager III. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of June 23, 1994, and the Adjourned Meeting of June 27, 1994. Rec: Approve as presented. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant No. 56. Rec: Approve as presented. C. REQUEST FOR AWARD OF CONTRACT for Landscape Retrofit of the Town Center Way Medians from the Town Center Fire Station to Highway 111 (Contract No. R07810). Rec: By Minute Motion, authorize the Chairman to enter into a contract with Emerald Landscape Service in the amount of $30,949.00 and authorize a ten percent contingency in the amount of $3,094.00. D. REQUEST FOR CONSIDERATION of Landscape Retrofit of the Monterey Avenue Medians from Fred Waring Drive to San Gorgonio Way (Contract No. R07800). Rec: By Minute Motion, reject all bids and authorize the City Clerk to readvertise and call for bids for the subject project. E. REOUEST FOR CONSIDERATION of Landscape Irrigation Installation for Civic Center Park Phase III (Contract No. R08780). Rec: By Minute Motion, reject all bids and authorize staff to readvertise and rebid the subject project. F. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. R07620 - Civic Center Park Phase III. Rec: By Minute Motion: 1) Approve Change Order No. 3 in an amount not to exceed $33,743.00 for additional construction services; 2) authorize the appropriation of $33,743.00 from the contract contingency funds to Account No. 850-4664-454- 4001. G. REQUEST FOR CONSIDERATION of Corporation Yard Paving Project (Contract No. R08240). Rec: By Minute Motion: 1) Release $3,127.00 from the Corporation Yard's Renovation Project (Contract No. R07680) Contingency Fund Account No. 850-4162-415-4001 and transfer to Contract No. R08240; 2) approve Change Order No. 1 in the amount of $3,127.00 for additional paving; 3) authorize the City Clerk to file a Notice of Completion for the subject project. 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * H. REQUEST FOR APPROVAL of Phase III - Sports Lighting. Rec: By Minute Motion: 1) Make a finding pursuant to Palm Desert Municipal Code Section 3.32.090 that the mitigation work for the College of the Desert sports lighting is unique and therefore not subject to public bidding; 2) authorize staff to enter into an agreement with Musco Lighting (Contract No. R08920) in an amount not to exceed $26,000 for application of mitigation measures; 3) authorize staff to enter into an agreement with Northstar Sportslighting (Contract No. R08930) in an amount not to exceed $10,000 for application of mitigation measures. Upon motion by Snyder, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the Agency Board. IV. ORAL COMMUNICATIONS MR. DAN HORNE, a developer in Palm Desert, stated that in Closed Session the Agency Board would be reviewing three or more proposals for the rehabilitation of a 20-unit apartment complex on Santa Rosa. He said that of the three proposals he was aware of, he would prefer to do the tax credit proposal. He stated that a decision by the Agency needed to be made at this meeting due to August deadline for submittal of the application. Another item he said he wished to mention was that this will be the first rehabilitation done by a private developer if the Agency decides to pursue it. He said he felt it was important for the City to establish a policy for rehabilitation and said he would like to be the first developer to do such rehabilitation in Palm Desert. JUDGE ARNOLD EINBINDER, 549 Desert Falls Drive East, Palm Desert, requested that any hearing before the Redevelopment Agency regarding the project at Portola/Cook and Country Club/Frank Sinatra be delayed with respect to review of the Environmental Impact Report until at least the second meeting in September and preferably the first meeting in October. V. RESOLUTIONS None VI. CONSENT ITEMS HELD OVER None 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. NEW BUSINESS A. INFORMATION ITEMS: 1. Informational Summary of 1993/94 Housing Authority Community Liaison Work Program. Mr. Ortega noted the memorandum in the packets from Senior Planner Phil Drell. Mr. Drell offered to answer any questions. Member Crites noted that several of the items in the summary were things that were supposed to happen in the summer, and he asked what had happened on those issues. Mr. Drell responded that there had been a change in the administration of the Housing Authority, and the Community Liaison position was currently under some kind of review. He said staff had indicated it felt this was one of the most important parts of their management. Member Benson suggested that the Housing Authority be advised that the Agency Board feels the current Community Liaison Specialist, Jo Anne Leonesio, has done a great job with the youth at One Quail Place and Las Serenas. With Agency Board concurrence, the Mayor/Chairman was directed to prepare and execute a letter to the Housing Authority indicating the City's support for the Community Liaison Specialist position and the work that is being done by the individual currently holding that position. VIII. CONTINUED BUSINESS None IX. OLD BUSINESS A. ROUEST EOR CONSIDERATION OF VARIOUS ACTIONS REGARDING SECTION 4. Mr. Ortega noted the report in the packets relative to activities being undertaken in Section 4 but stated that approval of the project and any specific agreements could not be done until the Environmental Impact Report has been done. He reviewed the staff report and recommendations. Member Kelly stated that he understood the Palm Desert Golf Partners "Section Four North Sphere Project" document was not the final document; however, he wanted to go on record as having a problem with something in this particular document which would hopefully not 4 -MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * be included in the final — last sentence at the top of Page 4 under Tab 4 relative to discounts. He said any discounts were intended to be for residents; one -week time shares were not residents. They do not get counted in the City's census, and the City does not get a benefit for them when monies are distributed. Mr. Ortega noted that the Memorandum of Understanding referred to in the staff report did not address this at all. He said the document discussed by Member Kelly was a background packet of information from the developer which were issues that would be addressed after the public hearing. MR. LARRY THRALL, 40-595 La Costa Circle East, spoke as the Managing Partner of Palm Desert Golf Partners. He noted that they understood Member Kelly's concerns and would address them. Member Benson expressed concern with the development team and specifically the landscape architect. She said there were landscape architects in the desert who she felt should be considered instead of bringing in someone from Santa Ana. Mr. Thrall responded that there were qualified people in the desert, and his organization would be looking at them as a priority. Member Crites commented that there was nothing in the document that binds the Agency to do anything. He further commented that he wished to thank staff for bringing in Mr. Wolk to provide an independent analysis of the Section 4 joint venture partnership project. Member Kelly moved to, by Minute Motion: 1) Authorize staff to move forward to complete documentation of the "public/private" partnership between the Redevelopment Agency/City and Palm Desert Golf Partners ("PDGP") consistent with CEQA, based on a Memorandum of Understanding attached to the staff report; 2) authorize the expenditure of $2,183,700 to continue to move the project forward to completion of environmental impact reports and full entitlements for the project (and for pre -construction funding); 3) agree to reimburse PDGP for predevelopment funds spent by it to aid the City in furthering its analysis of uses and options for the development of the project, if the RDA/City fails to complete development agreement with PDGP. (Approximately $583,905 has been spent to date in this effort.) An additional $400,000 may be spent prior to final project approval. Any future expenditures would be on uses approved by the Agency. Motion was seconded by Snyder and carried by unanimous vote. B. REOUEST FOR APPROVAL OF REGULATORY AGREEMENT, HOUSING ASSISTANCE AGREEMENT, AND BOND FINANCING DOCUMENTS FOR DESERT ROSE, A 161-UNIT SINGLE FAMILY DEVELOPMENT ON THE NORTH SIDE OF FRED WARING DRIVE EAST OF COOK STREET. Senior Planner Phil Drell noted the report in the packets and offered to answer any questions. Upon question by Member Kelly, he responded that the widening of Fred Waring would be 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 1994 * * * * * * * s * * * * s * * * * * * * * * * * s * * * * * * * * * * s * done as part of the first half of the project. Mr. Folkers added that it would probably be some time in November. Member Crites stated he felt this should be looked at so that it is done before the end of this calendar year. He said the last thing needed during the Bob Hope tournament is to have construction taking place on Fred Waring Drive. He asked that staff figure out some way to do it by Thanksgiving. Member Crites moved to: 1) Waive further reading and adopt Resolution No. 226 authorizing the issuance of Rental Housing Bonds and execution and delivery of agreements and bond documents for Desert Rose Development; 2) by Minute Motion, authorize the appropriation of $2,406,780 ($1,929,000 from bonds; $471,780 from set -aside) from unobligated Housing Fund reserve account to Housing Fund 870 for RDA/CCBHC required equity, fees and permits, architecture and engineering, project administration and marketing set-up costs, and $500,000 for creation of Deficit Operation and Maintenance Payment (DOMP) reserve account. Motion was seconded by Benson and carried by unanimous vote. Mr. Erwin noted that staff had been notified today that action needed to be taken by the City Council relative to this item. He said the Council was required to approve any bonds issued by the Agency, and he asked that this matter be added to the Agenda for discussion. Councilman Crites moved to add this item to the Agenda for discussion. Councilmember Benson moved to waive further reading and adopt Resolution No. 94 $1, (get from Sheila). Motion was seconded by Kelly and carried by unanimous vote. X. PUBLIC HEARINGS NOTE: THIS ITEM WAS CONSIDERED AT THE 7:00 P.M. PORTION OF THE MEETING A. JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY TO CONSIDER MEMORANDUM OF UNDERSTANDING BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY, THE CITY OF PAI1M DESERT, AND TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY. Mr. Diaz distributed copies of a letter to Dr. Warren H. Fox, Executive Director of the California Postsecondary Education Commission from David E. Leveille, Director of Institutional Relations for California State University dated June 10, 1994. He said this letter had been given to him by Dr. Peter Wilson indicating that Cal State was moving ahead and looking at the Coachella Valley as a site for a campus for secondary education. He noted there were several changes to the Memorandum of Understanding (MOU), including deletion of Section 1.5 on page 6. Mayor/Chairman Wilson asked that staff provide the Council/Board with a corrected copy of the MOU, and Mr. Diaz responded that this would be done. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor/Chairman Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. DR. PETER WILSON stated that the letter from the Chancellor's Office demonstrated Cal State's commitment for a permanent branch campus. He said it also indicated that it was not necessary to go through a feasibility study to have such a branch and that they would move the temporary branch to a permanent site. He offered to answer any questions. With no further testimony offered, Mayor/Chairman Wilson declared the public hearing closcd. Councilman/Member Kelly stated it was his understanding that a full Cal State campus located in Palm Desert would indicate by its name that it was actually in the City; in the meantime, he asked if there was some way to have identification and the Palm Desert name at the site. Mayor/Chairman Wilson responded that the wording of the agreement was such that the Palm Desert name would not be initiated until such time as there is a full campus. He asked Dr. Peter Wilson to address whether this could be done for the branch campus. Dr. Wilson responded that this could be a request from the Council to Cal State University that when the temporary branch is moved to a permanent branch that it would be called the Palm Desert branch. He said the only concern is that Cal State will want to raise funds, and perhaps the branch would need a more regional name. Mayor/Chairman Wilson suggested that rather than hold up the MOU perhaps Councilman/Member Kelly could be directed to appear before the Advisory Board to make such a request with the support of the Council. Dr. Wilson added that the Board would meet again either the third Tuesday in September or in October. Councilman/Member Crites moved to, by Minute Motion, approve the Memorandum of Understanding as amended by staff (Contract No. C08890) and authorize the Mayor/Chairman to execute same. Motion was seconded by Benson and carried by unanimous vote. XI. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None 7 NUT PALM DESERT REDEVELOPMENT AGENCY MEETING . JULY 14, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. AGENCY COUNSEL Mr. Erwin requested a Closed Session at the appropriate time to discuss the following: Conference with Real Property Negotiator pursuant to Section 54956.8 1) Property Street Address: 73-625 Santa Rosa, Palm Desert Negotiating parties: Agency: Palm Desert Redevelopment Agency Property Owner: Mary Stoltzman/Fidelity Development Co. Under Negotiation: x Price x Terms of Payment C. CHAIRMAN AND MEMBERS OF THE AGENCY None Member Crites moved to recess the meeting at 5:55 p.m. to Closed Session for purposes stated by the City Attorney. Motion was seconded by Kelly and carried by unanimous vote. XII. ADJOURNMENT Mr. Ortega reported the following action taken in Closed Session: Member Snyder moved to, by Minute Motion: 1) Approve a loan commitment of $570,000 to Fidelity Development Co./Dr. David Stoltzman from RDA Housing Fund for the purpose of rehabilitation of a 20-unit apartment project at 73-625 Santa Rosa Way; loan is contingent on a successful application for rehabilitation tax credits; 2) direct staff to negotiate final terms; 3) authorize the Board Chairman to execute Rehabilitation Loan and Rental Assistance Agreements consistent with Agency Board direction. Motion was seconded by Crites and carried by unanimous vote. With Agency Board concurrence, Chairman Wilson adjourned the meeting at 10:45 p.m. ATTEST: SHEILA R. PALM DESE LIGAN, SECTtETARY TO THE REDEVELOPMENT AGENCY 8