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HomeMy WebLinkAbout1995-12-14MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, DECEMBER 14, 1995 CIVIC CENTER COUNCIL CHAMBER s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Snyder convened the meeting at 5:20 p.m. H. ROLL CALL Present: Member Jean M. Benson Member Buford A. Crites Vice Chairman Richard S. Kelly Member Robert A. Spiegel Chairman Walter H. Snyder Also Present: Carlos L. Ortega, ACM/RDA Executive Director Ramon A. Diaz, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Agency Secretary Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Wayne Ramsey, Director of Code Compliance Phil Drell, Acting Director of Community Development Mary P. Gates, Deputy City Clerk III., ORAL COMMUNICATIONS None IV. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of November 9, 1995, and the Adjourned City Council/Redevelopment Agency Meeting of November 29, 1995. Rec: Approve as presented. MINUTES PALM DESERT REDEVELOkrvIENT AGENCY MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 21, 22, 23, 24, and 25. Rec: Approve as presented. C. SCHEDULES OF INVESTMENTS as of September 30 and October 31, 1995. Rec: Receive and file. D. REOUFST FOR APPROVAL of Potholing of Existing Utilities for Deep Canyon Road Storm Drain Design (Project 516-95). Rec: By Minute Motion, approve potholing proposal from SAF-r-DIG of Palm Desert for the specialized non-destructive potholing services for the subject project. E. REOUEST FOR APPROVAL of Audited Financial Statements for the Palm Desert Redevelopment Agency for the Fiscal Year Ending June 30, 1995. Rec: Receive and file the audited Financial Statements for the Palm Desert Redevelopment Agency for fiscal year ending June 30, 1995. F. REOUEST FOR AWARD OF CONTRACT for A.L.T.A. Survey for Proposed Calstate Palm Desert Site at Cook Street and Frank Sinatra Drive (Contract No. R10720). Rec: By Minute Motion, authorize the Chairman to enter into an agreement with JMS Engineering to perform engineering and survey services with respect to the proposed Calstate Palm Desert site located at the northeast corner of Cook Street and Frank Sinatra Drive, bounded by Gerald Ford Drive northerly and easterly, for a lump sum amount of $27,000.00. Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented by unanimous vote. V. RESOLUTIONS A. RESOLUTION NO. 321- A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A REPORT REGARDING EXCESS TAX INCREMENT REVENUES AND MAKING FINDINGS RELATED THERETO. Mr. Ortega reviewed the staff report. Member Crites moved to waive further reading and adopt Resolution No. 321. Motion was seconded by Kelly and carried by unanimous vote. 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT ITEMS HELD OVER None VII. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF DESERT ROSE PROGRAM CHANGES. Housing Programs Coordinator Teresa LaRocca reviewed the staff report and proposed changes to the project to make it competitive with surrounding markets and attractive and affordable to target buyers. Member Benson moved to, by Minute Motion: 1) Establish Phase 1 sales price; 2) accelerate sinking fund deposits; 3) approve mortgage buy -down, down payment, and closing costs assistance to qualifying buyers; 4) grant qualifying families the $31,018.68 land value on their individual parcel; 5) authorize interest rate buy -downs; 6) reduce the term of the regulating agreements from 50 to 30 years relative to resale restrictions; 7) direct legal counsel to make the necessary amendments to agreements and documents reflecting program changes. Motion was seconded by Kelly and carried by unanimous vote. B. REOUEST FOR APPROVAL OF CONTRACT WITH COMMUNITY DYNAMICS FOR VARIOUS SERVICES WITH REGARD TO THE DESERT ROSE PROJECT (Contract No. R10690). Ms. LaRocca reviewed the staff report. Member Crites asked whether the people who met in his office had received copies of these documents, and he said he had advised them that staff would make sure this information was provided to them. Ms. LaRocca stated that staff did not send them this information. Member Crites stated he would vote against this because what he said would happen is not happening. He also questioned the different costs for the proposals submitted by the two companies and expressed concern that we would have someone from outside the Valley running this project when we have someone like Betty Williams locally who could do the job. Mr. Ortega stated that he was the one who suggested that we receive a proposal from Williams Development, and Mrs. Williams had the first choice in submitting a proposal. It wasn't until she had submitted her proposal that staff looked at Community Dynamics. He questioned how many times we give someone an opportunity to submit a proposal. He said this was now a public document, and do we now ask Williams Development if they can top what Community Dynamics has submitted? He expressed concern with our credibility the next time we ask people to submit proposals if they know that someone else who was given an opportunity beforehand would get a second shot. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Member Spiegel, Ms. LaRocca explained that the bank that held the Letter of Credit on this project had the right to terminate the non-profit if they felt they were not producing. They chose to execute that option and began the process of termination two weeks ago. She said the Williams proposal was submitted to the non-profit within the last four months, and the Community Dynamics proposal was very recent. Member Benson said she felt, in looking at this, that the City did what it said it would do as far as letting local developers bid on this. Member Spiegel asked whether the people in Member Crites' office were realtors who wanted to bid on this. Member Crites responded stated they were not and said they would remove themselves from being considered in this process but were very concerned about the process and did not feel the non-profit was qualified to do this. He said they felt there were a variety of things that needed to be done, and we assured them we would be looking at a variety of things and would give them an opportunity to comment on what was presented. Ms. LaRocca stated that staff would like to hear their comments and would be happy to give them an opportunity to provide input regarding the program if this is approved. Member Benson moved to, by Minute Motion, authorize the Chairman to enter into and execute an agreement with Community Dynamics of Santa Monica to act as a full service consultant on sales and marketing, program implementation, operation, and maintenance of Desert Rose. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilman Crites voting NO. C. REQUEST FOR CONSIDERATION OF CONTRACT WITH OSCAR ARMUO IN JOINT VENTURE WITH DIEHL, EVANS & COMPANY TO PERFORM AN AUDIT OF THE HOUSING AUTHORITY (Contract No. R10700). Mr. Ortega reviewed the staff report and offered to answer any questions. Member Kelly moved to, by Minute Motion: 1) Enter into a contract with Oscar Armijo in Joint Venture with Diehl, Evans and Company to perform a financial audit of the seven multi -family apartment projects owned by the Riverside County Housing Authority located within the City of Palm Desert to which the Agency provides rental subsidy financial assistance; 2) appropriate $78,860 unobligated revenues from the Special Revenue Low and Moderate Income Housing fund. Motion was seconded by Spiegel and carried by unanimous vote. D. REQUEST FOR IMPLEMENTATION OF COMMERCIAL SPACE INVENTORY FOR PALM DESERT. Mr. Shillcock reviewed the staff report, noting that earlier in the year Council requested that staff investigate the possibility of establishing a clearinghouse on available commercial space as a means of assisting in the filling of those vacancies. He noted that this report had been taken to the Economic Development Advisory Committee which resulted in several changes 4 MINUTES _ PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to the original Commercial Space Inventory Implementation Plan and Budget. He reviewed those changes and offered to answer any questions. Member Kelly asked whether this was something that could be put on the Internet. Mr. Shillcock responded that the Economic Development Office was doing an Internet and would put this in. Mrs. Gilligan added that once the process of putting the promotional information on the Internet was completed, this would be added. Member Spiegel moved to, by Minute Motion, implement the Commercial Space Inventory Program as presented for an initial six-month period from January 1, 1996, through June 30, 1996. Motion was seconded by Kelly and carried by unanimous vote. VIII. CONTINUED BUSINESS None IX. OLD BUSINESS A. UOUEST FOR APPROVAL OF PURCHASE ORDER FOR FURNISHINGS FOR THE PUBLIC PORTION OF THE MULTI -AGENCY LIBRARY PROJECT. Member Spiegel moved to, by Minute Motion, award a purchase order for the procurement and installation of furnishings for the public portion of the Multi -Agency Library to Systems Source, Inc. of Colton in the amount of $192,764.75. Motion was seconded by Kelly and carried by unanimous vote. X. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Ortega noted the items listed on both the Agenda and the Agenda Addendum for Closed Session. B. AGENCY COUNSEL Request for Closed Session: 1) Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. REFCO Capital Corp.. et al, U.S. District Court, Central District of California, Case No. CV 92-7631-RJK 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * b) United States Court of Appeals, Ninth Circuit, Case No. MP/ 94-56491, United States of America, Plaintiff v. Real Property located at 13328 and 13324 State Highway 75 North Blaine County, Idaho, Defendant, and Palm Desert Redevelopment Agency, Claimant/Appellant, and City of Palm Desert, and Federal Deposit Insurance Corporation as receiver for Jefferson Bank and Trust, et al, Claimants/Appellees (United States District Court for the Central District of California, Case No. CV92-0100 RJK). c) Palm Desert Redevelopment Agency v. Bonnett, Riverside County Superior Court Case No. 079025 d) Palm Desert Redevelopment Agency v. Palm Desert National Bank, Riverside County Superior Court, Case No. 079025 e) palm Desert Redevelopment Agency v. Kathleen S. Fox. et at, Case No. 074885, Palm Springs Superior Court. 2) Conference with Real Property Negotiator pursuant to Section 54956.8: a) Property: Vacant land Street Address:73-075 Highway 111, Palm Desert Assessor's Parcel No: 627-191-004 Negotiating Parties: Agency: Carlos Ortega/Dave Yrigoyen, Palm Desert Redevelopment Agency Property Owner: Shell and Joyce Cohn Under Negotiation: Price . Terms of payment b) Property: 5 acres vacant land Street Address: North of Country Club Drive and east of Portola Avenue Assessor's Parcel No: 620-200-009 Negotiating Parties: Agency: Carlos Ortega/Dave Yrigoyen, Palm Desert Redevelopment Agency Property Owner: Jack W. and Doris A. Morey Dennis E. and Doris M. Thorson Under Negotiation: Price Terms of payment C. CHAIRMAN AND MEMBERS OF THE AGENCY None With Agency Board concurrence, Chairman Snyder adjourned the meeting to Closed Session at 5:50 p.m. for discussion of items listed under Agency Counsel Reports and Remarks. He reconvened the meeting at 7:00 p.m. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF THREE MEMBERS TO THE REDEVELOPMENT AGENCY HOUSING ADVISORY COMMii irh (Continued from the Meetings of September 14, September 28, October 12, October 26, and November 9, 1995). Member Crites moved to, by Minute Motion, appoint Mr. William Winfield and Mr. Gilbert A. Holmes to the Redevelopment Agency Housing Advisory Committee. Motion was seconded by Spiegel and carried by unanimous vote. XII. PUBLIC HEARINGS A. JOINT PUBLIC HEARING WITH THE PALM DESERT CITY COUNCIL RELATIVE TO THE SPORTSPARK DISPOSITION AND DEVELOPMENT AGREEMENT. Mayor/Chairman Snyder noted that a request had been received from the applicant for continuance of this item to the meeting of January 11, 1996. Mayor/Chairman Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. JUDGE ARNOLD H. EINBINDER, 549 Desert Falls Drive, Palm Desert, asked why the applicant had requested a continuance of this matter. Mr. Erwin provided Judge Einbinder with a copy of the letter requesting the continuance. Upon question by Judge Einbinder, Mayor/Chairman Snyder responded that these requests for continuance are not necessarily routinely granted. Judge Einbinder said he was curious as to why this item had been scheduled for December 14th when it was his understanding that it was to be a January 31, 1996, deadline, which was the continuance date for the contract. He also noted an article in the Desert Sun relative to a meeting of a sports organization on Saturday and asked if that had affected the City Council. He said he assumed it had an affect on the request for continuance. He asked whether the Council would be ready to vote on the matter on January 11, 1996. Mr. Erwin responded that they may be some items that are not complete and that staff may have requested a continuance if the applicant had not done so. He noted that as part of this process, there was to be a financial review, and this has not been completed at the staff level. Judge Einbinder stated that he would like to reserve his testimony until the January llth meeting date. Councilman/Member Crites moved to continue this matter to the meeting of January 11, 1996. Motion was seconded by Spiegel and carried by unanimous vote. 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. ORAL COMMUNICATIONS Mr. Erwin announced that the Agency Board had discussed in Closed Session two lawsuits (Palm Desert Redevelopment Agency v. Bonnett, and Palm Desert Redevelopment Agency v. Palm Desert National Bank). He noted that the Agency Board had approved a settlement and execution of same. XIV. ADJOURNMENT Member Crites moved to adjourn the meeting at 8:40 p.m. to Closed Session to continue discussions held during the 3:00 p.m. Adjourned Meeting. Motion was seconded by Spiegel and carried by unanimous vote. With Agency concurrence, Chairman Snyder adjourned the meeting at 9:05 p.m. to 3:00 p.m. on ,Thursday, December 14, 1995, for the purpose of holding a Closed Session. ATTEST: .a 1a &a4L, WALTER H. SNYDER, C SHEILA R. GILLIGAN, RETARY TO THE PALM DESERT REDS OPMENT AGENCY 8