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Home My WebLink About1994-11-10MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, NOVEMBER 10, 1994 CIVIC CENTER COUNCIL CHAMBER s s s s s s s s s s s s s s s# s s s s s s s s s s s s* s* s s s s* s I. CALL TO ORDER Chairman Wilson convened the meeting at 5:15 p.m. II. ROLL CALL Present: Member Jean M. Benson Vice Chairman Buford A. Crites (arrived at 5:35 p.m.) Member Richard S. Kelly Member Walter H. Snyder Chairman S. Roy Wilson Also Present:, Carlos L. Ortega, ACM/RDA Executive Director 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 Economic Development Paul Gibson, Director of Finance Dave Millheim, Director of Human Resources Wayne Ramsey, Director of Code Compliance Phil Drell, Acting Director of Community Development John Wohlmuth, Assistant to the City Manager Ken Weller, Emergency Services Coordinator Lisa Constande, Environmental Conservation Manager Catherine Sass, Community Arts Manager Mary P. Frazier, Deputy City Clerk III. ORAL COMMUNICATIONS None MINUTES PALM DESERT REDEVELOPMENT AGENCY NOVEMBER 10, 1994 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s IV. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of October 27, 1994. Rec: Approve as presented. • B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 18, 19, and 20. Rec: Approve as presented. C. REOUEST FOR APPROVAL of Notice of Completion for Contract No. R07320 for Country Club Drive Median Landscaping Retrofit (from Cook Street to Oasis Club Drive). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. D. MOLEST FOR CONSIDERATION of Deep Canyon Road/Highway 111 Intersection Realignment. Rec: By Minute Motion: 1) Approve engineering design proposal from NBS Lowry for the subsurface storm drain facilities at the above location (Contract No. R09250); 2) appropriate $18,820.00 plus a 10% contingency of $1,880.00 for a total of $20,700.00 from RDA Account No. 850-4341-433-4001. E. CONSIDERATION OF REOUEST from Mr. Paul Murphy for Use of Public Land for Christmas Tree Lot. Rec: By Minute Motion, approve the lease of the lot at the southeast corner of Portola Avenue and Highway 111 to Mr. Paul Murphy subject to the conditions set forth in the staff report dated November 10, 1994. With regard to Item D, Member Kelly questioned plans for undergrounding the utilities in this area as well as the few remaining areas in the City that are not currently undergrounded. Mr. Conlon responded that Deep Canyon undergrounding was scheduled and under way now. He said there were two other projects that would be before the Council in January for approval. Other than those two locations, he said he was not aware of any other areas of the City that were not undergrounded except for a small circuit in front of the Palms to Pines East center, and staff could program that for the future if the Board wished. Member Kelly stated he felt staff should really put a high priority on that. The Members concurred 2 MINUTES - PALM DESERT REDEVELOPMENT AGENCY NOVEMBER 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Conlon stated that this would be added to the program that would be before the Council in January for approval. Upon motion by Snyder, second by Kelly, the Consent Calendar was approved as presented by a 4-0-1 vote, with Member Crites ABSENT. V. RESOLUTIONS A. RESOLUTION NO. 299 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING AN AGREEMENT FOR ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE AND OVERHEAD EXPENSES AND APPOINTING AN EXECUTIVE DIRECTOR. Mr. Ortega noted that this was related to the City Council item regarding restructuring of City Departments. He suggested that this be held until such time as the Council takes action on its item. With Board concurrence, this item was continued until after the Council took action on its item regarding restructuring of City Department. Mr. Ortega noted that this was the Agency action related to Item #2 in the City Manager's recommendation. He said the agreement related to how he as Executive Director would be requesting City services and how the cost of those services would be estimated. He said the agreement also stated that those City employees who are deemed to be working for the Agency would be working under the Executive Director. Upon question by Member Benson relative to the last sentence in Section 5, Mr. Ortega explained that this meant that in terms of the Agency Board giving staff formal directive, that should be done during a meeting. He said this was the same as the City Manager and City Council relationship. Chairman Wilson added that the Agency Board sets policy and gives direction, and that is done during formal meetings. However, that does not mean the Agency Board Members cannot informally ask staff for direction, etc. outside of a meeting. Member Snyder moved to waive further reading and adopt Resolution No. 222. Motion was seconded by Kelly and carried by unanimous vote. VI. CONSENT ITEMS HELD OVER None 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY NOVEMBER 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. NEW BUSINESS A. REOUEST FOR APPROVAL OF COACHELLA VALLEY WATER DISTRICT BILLINGS FOR THE COOK STREET CROSSING AT THE WHITEWATER CHANNEL PROJECT. Mr. Ortega noted the report in the packets and said this was a late billing for the work on the Cook Street crossing. Member Kelly moved to, by Minute Motion: 1) Approve the expenditure of $290,585.80 for water and sewer relocation work associated with the Cook Street-Whitewater Channel crossing construction; 2) appropriate $290,585.80 from the unobligated funds. Motion was seconded by Snyder and carried by a 4-0- 1 vote, with Member Crites ABSENT. VIII. CONTINUED BUSINESS None IX. OLD BUSINESS None R. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Ortega noted the Closed Session items listed below. B. AGENCY COUNSEL Request for Closed Session: 1. Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9 (a) Names of parties: Palm Desert Redevelopment Agency v. Refco Capital Corporation, et al case Number: U.S. District Court, Central Division, Case No. CV93-00571-RJK 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY NOVEMBER 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin noted that an additional item had arisen this morning relative to threatened litigation, and he asked that the Agency Board consider placing it on the Agenda for discussion in Closed Session pursuant to Government Code Section 54956.9(b), Threatened Litigation. He said he did not believe it was appropriate to publicly disclose what the threat was. Member Snyder moved to add this item to the Agenda to be discussed in Closed Session. Motion was seconded by Benson and carried by a 4-0-1 vote, with Member Crites ABSENT. C. CHAIRMAN AND MEMBERS OF THE AGENCY None XL ADJOURNMENT Member Snyder moved to recess the meeting to Closed Session at 5:25 p.m. Motion was seconded by Benson and carried by a 4-0-1 vote, with Member Crites ABSENT. MOTE: Member Crites arrived at 5:35 p.m. and ioined the Agency Board in Cigsed Session. Upon motion by Wilson, second by Kelly, and unanimous vote of the Agency Board, Chairman Crites adjourned the meeting at 8:35 p.m. to 5:00 p.m. on Wednesday, November 16, 1994. ATTEST: X-- 4. c'die-J SHEILA R. GILLIGAN, SECETARY TO THE PALM DESERT REDEVELOPMENT AGENCY d/r /'i1 BUFD A. CRITES, CHAIRMAN 5