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HomeMy WebLinkAbout1996-03-14MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, MARCH 14, 1996 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Snyder called the meeting to order at 4:20 p.m. to consider Old Business Item A. II. 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, RDA Executive Director Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Agency Secretary Joe Gaugush, Acting 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, 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 February 22, 1996. Rec: Approve as presented. MINUTES - PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 36, 37, 38, and 39. Rec: Approve as presented. C. REOUEST FOR APPROVAL of Execution of Instrument of Resignation, Appointment of and Acceptance by Fiscal Agents Per Tri-Party Agreement (Contract No. R10950). Rec: By Minute Motion, authorize the Chairman to execute the tri-party agreement accepting the resignation of City National Bank as the Fiscal Agency of the $15,000,000 1982 Tax Allocation Bonds for Project Area No. 1 (As Amended) and the appointment of and acceptance by Bank of America National Trust and Savings Association/First Trust of California as substitute fiscal agent. D. REOUEST FOR FINAL APPROVAL of Agency Board Direction to Name the New Palm Desert Golf Course as "Desert Willow at Palm Desert" and to Designate a $450,000 Budget for Art In Public Places for Said Project. Rec: By Minute Motion, approve Agency Board direction to name the new Palm Desert golf course as "Desert Willow at Palm Desert" and to designate a $450,000 budget for Art In Public Places for said project. E. REOUEST FOR AWARD OF CONTRACT for Construction Pre -Watering of the North Golf Course at the Desert Willow Project (Contract No. R10960). Rec: By Minute Motion, authorize the Chairman to enter into an agreement with Nuevo Engineering for construction pre -watering at the North Golf Course at the Desert Willow Project in the amount of $23,450.00 and authorize a ten percent contingency in the amount of $2,345.00. F. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. R10670 (South West Pump and Drilling) for Additional Construction Services on the Desert Willow Project "North Course" (Project No. 931-95). Rec: By Minute Motion: 1) Approve Change Order No. 1 for additional construction services to Contract No. R10670 in the amount of $32,000; 2) authorize the transfer of contingency funds to base account in the amount of $22,381.50; 3) appropriate additional funds from Account 851-4663-454-4001 in the amount of $9,618.50 to the contract base account. 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REOUEST FOR APPROVAL of Storm Channel Improvement Agreement between the Redevelopment Agency and the Coachella Valley Water District (Contract No. R10970) Relative to the Desert Rose Project. Rec: By Minute Motion, approve the agreement and authorize the Chairman to sign. Member Spiegel asked that Item D be removed for separate discussion under Section VI, Consent Items Held Over. Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Agency Board. V. RESOLUTIONS A. RESOLUTION NO. 324 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION WITH THE SALE AND ISSUANCE OF TAX ALLOCATION REFUNDING REVENUE BONDS (PROJECT AREA NO. 1, AS AMENDED), SERIES 1996, OF THE PALM DESERT FINANCING AUTHORITY. Mr. Ortega reviewed the staff report and offered to answer any questions. Member Spiegel moved to waive further reading and adopt Resolution No. 324. Motion was seconded by Kelly and carried by unanimous vote. VI. CONSENT ITEMS HELD OVER D. REOUEST FOR FINAL APPROVAL of Agency Board Direction to Name the New Palm Desert Golf Course as "Desert Willow at Palm Desert" and to Designate a $450,000 Budget for Art In Public Places for Said Project. Member Spiegel asked for clarification of this item as the report in the packets was not this item. Mr. Ortega explained staffs request and offered to answer any questions. Mrs. Gilligan added that this was to formalize a discussion held in a previous study session and that it was to designate $450,000 for Art In Public Places for the project. Member Crites moved to, by Minute Motion, approve Agency Board direction to name the new Palm Desert golf course as "Desert Willow at Palm Desert" and to designate a $450,000 budget for Art In Public Places for said project. Motion was seconded by Benson and carried by unanimous vote. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. DANIEL BARNES, 41-613 Aventine Court, Palm Desert, addressed the Board and said he was speaking as a citizen of Palm Desert and not as a member of the Parks and Recreation Commission. He expressed concern with the amount of money the City spends on art in public places and said he felt $450,000 was an extravagant amount to spend on art for a golf course these days when our schools, colleges, police, and fire could use a good part of that money. Member Kelly noted that this was for an entire section of land with hotel sites, two golf courses, and many other items. Member Spiegel added that each piece of art would be voted on by the Agency Board, and Member Benson stated that this was not money that could be used for anything else mentioned by Mr. Barnes. Mr. Barnes stated that he still felt all the art in the City was excessive and that it should be put under better control. VII. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF MID -YEAR BUDGET REVIEW FOR FISCAL YEAR 1995/96. Mr. Ortega noted the report in the packets and offered to answer any questions. Member Spiegel moved to waive further reading and adopt Resolution No. 325 amending the Fiscal Year 1995/96 Budget for mid -year adjustments. Motion was seconded by Kelly and carried by unanimous vote. B. CONSIDERATION OF REOUEST TO AUTHORIZE THE COACHELLA VALLEY WATER DISTRICT TO AWARD THE BID FOR THE DESERT ROSE SLOPE PROTECTION CHANNEL PROJECT. Mr. Ortega reviewed the staff report and noted that the Coachella Valley Water District had agreed to pay a major portion. Member Kelly moved to, by Minute Motion: 1) Authorize the Coachella Valley Water District (CVWD) to award the low bid for the slope protection project adjacent to Desert Rose pre the Storm Channel Agreement dated January 18, 1995, by and between the Palm Desert Redevelopment Agency and Coachella Valley Water District; 2) appropriate $292,787 from the Unobligated Redevelopment Agency Funds to Account No. 850-4496-433-4001; 3) authorize the transfer of the balance in the pass -through trust account No. 880-0000-239-1300 (CVWD PA#1)up to a maximum of $190,000. Motion was seconded by Benson and carried by unanimous vote. VIII. CONTINUED BUSINESS None 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. OLD BUSINESS A. REOUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE PUMP STATION AT THE NORTH GOLF COURSE OF DESERT WILLOW PROJECT (Contract No. R10790). Mr. Ortega reviewed the procedure for going to bid on projects. Mr. Yrigoyen noted that the Notice Inviting Bids was advertised in the Desert Sun on February 9, 1996, and that the notice had also been faxed to four different agencies: The Dodge Construction News, F.W. Dodge, Desert Contractors Association (DCA), and CMD. While nine construction companies pulled bid packages, only one bid was received on March 1, 1996, and staff recommended that the Agency Board award the contract to Formost Construction for this project so that the construction can commence. Chairman Crites noted that both Dodge and the Desert Contractors Association indicated they had not received any fax relative to this bid. Member Spiegel stated that the letter from DCA indicated that this was originally to be bid as one project. Mr. Yrigoyen responded that it was decided that the project should be broken up so as many local companies as possible could bid. Member Spiegel asked how many of the nine companies were local, and Mr. Yrigoyen responded that six were local companies. Upon question by Member Kelly as to whether there was any doubt in the minds of those nine companies as to what they were bidding on, Mr. Yrigoyen responded that staff did not receive any requests for clarification of the bid. Mr. Ortega added that when staff receives requests for clarification, addendums are usually sent out to everyone so that all of the bidders have the same information. Mr. Chappel noted that he had a list of the companies taking out bid packages, and most of the local people were not the type qualified to do this type of project. He said most did general grading and dirt moving. He added that the DCA's job and responsibility was to let members know of projects that are being bid. Member Kelly stated that he felt the contractors had some responsibility themselves to keep track of projects being bid. Member Benson agreed. Member Spiegel asked if this should be held for two weeks and whether it should be reopened for additional bids. Mr. Ortega noted that the Board's options at this time were to accept the bid or reject it and direct staff to readvertise. After further discussion and with Agency Board concurrence, staff was directed to put together a program to meet with both staff and DCA approval to make sure proper notification of projects is sent out. 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Chappel introduced Ms. Diana Garcia, Executive Director of the DCA, P.O. Box 1178, Palm Desert. Ms. Garcia offered to assist in any way possible. Member Kelly expressed concern with only one bid being submitted and said he had no way of telling whether this was a high or low bid. He said he felt the Board did not have much information to go by. Project Administrator Rudy Acosta stated that it was not uncommon or unusual to receive only one bid, and the safeguard was that staff compares the bids with the engineer's estimate for the project. He said that staff also had Golf Dimensions review the bid to determine whether it was fair and reasonable, and the recommendation from Mr. Reuben Ramirez was that the bid from Formost Construction was fair and reasonable. He noted that the engineer's estimate for the project was $475,000 to $500,000. Member Benson expressed concern with going out to bid again and felt it would not be fair. Upon question by Chairman Crites relative to a time frame if the Board rejected the bid and directed staff to readvertise, Mr. Acosta responded that it would require about six weeks to two months to readvertise before the award would be back before the Agency Board. Member Benson moved to, by Minute Motion, authorize the Chairman to enter into an agreement with Formost Construction for the construction of the pump station (and construction of the pre -water lake) in the amount of $435,496.00 and authorize a ten percent contingency in the amount of $43,550.00. Motion was seconded by Kelly and carried by a 4-1 vote, with Member Spiegel voting NO. X. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Ortega noted the Closed Session items listed on the Agenda and requested a Closed Session at an appropriate time. B. AGENCY COUNSEL Request for Closed Session Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9 (a): 1) Palm Desert RDA v. Morey. etc.. et al, Riverside Superior Court, Indio Branch, Case No. 85968. 2) Palm Desert RDA v. Swiniuch. etc.. et al, Riverside Superior Court, Indio Branch, Case No. 85969. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3) City of Indio v. Palm Desert Redevelopment Agency and City of Palm Desert, Riverside County Superior Court, Case No. 79129. 4) Steven Wymer Litigation, United States vs. Idaho Real Property, Ninth Circuit Court of Appeals No. 94-56491. 5) Palm Desert Redevelopment Agency v. Kathleen S. Fox. et al, Palm Springs Superior Court, Case No. 074885. Conference with Real Property Negotiator pursuant to Section 54956.8: 1) Property: Lease property - Civic Center Plaza Street Address: 73-710/73-720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: Carlos Ortega/Dave Yrigoyen Property Owner: Redevelopment Agency Under negotiation: x Price x Terms of Payment 2) Property: 39 acres, north side of Country Club and east of Portola Negotiating Parties: Agency: Carlos Ortega Property Owner: Palm Desert Redevelopment Agency/CT Golf Under negotiation: x Price x Terms of Payment 3) Property: South side of Fred Waring between San Pablo and San Anselmo Assessor's Parcel No. 627-041-009 Negotiating Parties: Agency: Carlos Ortega Property Owner: Jay A. Wahlin and Kristine M. Wahlin Under negotiation: x Price x Terms of Payment C. CHAIRMAN AND MEMBERS OF THE AGENCY Member Crites expressed appreciation to Member Kelly for his efforts in the creation of caps with the new Desert Willow logo on them. XI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT TO THE REDEVELOPMENT AGENCY HOUSING ADVISORY COMMITTEE. With Agency Board concurrence, this item was continued to the meeting of March 28, 1996. 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. PUBLIC HEARINGS None XIII. ORAL COMMUNICATIONS None XIV. ADJOURNMENT MARCH 14, 1996 * * * * * * * * * Member Spiegel moved to adjourn the meeting at 5:15 p.m. to Closed Session, said Closed Session to immediately follow recess of the City Council meeting. Motion was seconded by Kelly and carried by unanimous vote. Upon motion by Spiegel, second by Kelly, and unanimous vote of the Agency Board, Chairman Snyder adjourned the meeting at 8:00 p.m. ATTEST: r el �SHEILA R. GILLIGAN, CRETARY TO THE PALM DESERT REDEVELOPMENT AGENCY WALTER H. SNYDERVCHAIRMAN 8