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HomeMy WebLinkAbout1997-07-10MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, JULY 10, 1997 — CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Kelly convened the meeting at 4:00 p.m. H. ROLL CALL Present: Vice Chairman Jean M. Benson Member Buford A. Crites Member Walter H. Snyder Member Robert A. Spiegel Chairman Richard S. Kelly Also Present: Carlos L. Ortega, Executive Director Ramon A. Diaz,. City Manager William Strausz, Agency Counsel 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 Pat Conlon, Director of Building and Safety Paul Gibson, Director of Finance Mary P. Gates, Deputy City Clerk III. ORAL COMMUNICATIONS MR. MIKE HOMME addressed the Agency Board and stated that he was available to answer any questions relative to his item on the Consent Calendar. IV. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of June 26, 1997. Rec: Approve as presented. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 10, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 66DR, 67DR, 66RDA, and 67RDA. Rec: Approve as presented. C. INVESTMENT REPORT for the Month Ending May 31, 1997. Rec: Receive and file. D. REQUEST FOR CONSIDERATIQN of Resort Club Parcel Lot Configuration. Rec: By Minute Motion, authorize the firm of Mainiero Smith & Associates to provide the legal description and exhibit of the lot division for the resort club parcel on the Desert Willow Development, appropriating $4,260.00 to accomplish this effort. E. REQUEST FOR RATIFICATION of Grant of FacPment to the Coachella Valley Water District (CVWD) for Services to the Desert Willow Golf Resort. Rec: By Minute Motion, ratify the Grant of Easement to the CVWD to provide services to the Desert Willow Golf Resort. F. REOJJFST FOR AMENDMENT TO CONTRACT with Ray Lopez Associates for Professional Services on the Desert Willow South Course Project (Contract No. R10471). Rec: By Minute Motion, authorize the amendment of the professional design services contract to Ray Lopez Associates (Palm Desert) in the amount of $53,500.00 plus $5,000.00 (reimbursables) for the design of the perimeter walls, landscape, and sidewalk portion of the Desert Willow South Course Project. G. REQUEST FOR APPROPRIATION of Contingency Funds to Base for Contract No. R1047Q with Ray Lopez and Associates for Payment of Contract Reimbursables. Rec: By Minute Motion, appropriate contract contingency funds in the amount of $4,550.00 to contract base account for the payment of reimbursables to Contract No. R10470 - Ray Lopez and Associates (Desert Willow North Course Perimeter Walls and Landscape). 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 10, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No R12010 (James E. Simon Co.) for the Installation of Landscape at the Maintenance Facility at Desert Willow. Rec: By Minute Motion, approve Change Order No. 1 to Contract No. R12010 (James E. Simon Co.) for the installation of the landscape at the Desert Willow Maintenance Facility in an amount not to exceed $37,588.00 and authorize the transfer of funds from Account No. 851-4663-454-4001 to the contract base account. I. REQUEST FOR RATIFICATION of Miscellaneous Design Service and/or Construction Service Contracts for the Desert Willow Golf Course Project. Rec: By Minute Motion, ratify the following (under $5,000.00) contracts for miscellaneous design and/or construction services on the Desert Willow Project: 1) Pearson & Associates (Palm Desert) for architectural design services for two comfort stations on the Resort Course in the amount of $3,800.00'; 2) Nickerson, Diercks & Associates (Palm Springs) for engineering design services to provide traffic signal modifications in the amount of $3,300.00; 3) Environmental Engineering Concepts, Inc. (Palm Springs) for the installation of a micro -mist system at the interim Clubhouse in the amount of $4,721.00. J. CONSIDERATION OFF R from O. Michael Homme Relative to Development of Lots 1, 23, and 24 of Palm Dell Estates. Rec: Refer to staff for report and recommendation. Upon motion by Crites, second the Spiegel, the Consent Calendar was approved as presented by unanimous vote of the Agency Board. V. CONSENT ITEMS HELD OVER None VI. RESOLUTIONS None 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 10, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE IRRIGATION WELL AT THE SOUTH COURSE OF THE DESERT WILLOW PROJECT (Contract No. R12280). - Mr. Ortega noted the report in the packets and stated that this matter had been before the Desert Willow Committee which recommended approval. Member Crites moved to, by Minute Motion, authorize the Chairman to enter into an agreement with Layne Christiansen Co. (Fontana, California) for the construction of the irrigation well in the amount of $305,381.51 and authorize a ten percent contingency in the amount of $30,538.16. Motion was seconded by Snyder and carried by a 4-1 vote, with Member Benson voting NO. B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES ON THE DESERT WILLOW SOUTH COURSE PROJECT (Contract No. R13270). Mr. Ortega noted the report in the packets and stated that this matter had been before the Desert Willow Committee which recommended approval of the contract. Member Spiegel stated that when the North Course was built there were concerns about Project Dimensions. He said there were local representatives who came to the Board and said the Agency was not considering businesses in the Valley. He asked if there were any concerns like this for this second course. Mr. Ortega responded that he had not heard of any local concerns. Project Manager Rudy Acosta stated that staff did not go out to an RFP for construction management services at this time for this recommendation because there were only two other local firms when staff went out to RFP the first time. One of those firms indicated the project was not in its area of expertise, and the other consulting firm was Winchester Development, and the Agency Board was familiar with the history behind its efforts. He said the reason staff felt strongly about this recommendation was the timing of the project. He noted that the number of considerations to the eventual approval of the go-ahead for the project had considerably backed up the timeline, and to go out and solicit requests for qualifications, do the evaluation, issue RFP's, evaluate them, and then make a recommendation put staff well into the projected construction schedule and would cause difficulty in trying to meet the deadline of November 1, 1998. He added that staff was very satisfied and very pleased with the effort the Project Dimensions gave in completing the project two and a half months ahead of schedule. Upon question by Member Spiegel relative to how Project Dimensions did on the project financially, Mr. Acosta responded that the project was on budget and that the only change order was to add the interim clubhouse. 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 10, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Member Benson asked if it was necessary to go out for Requests for Qualification for this amount of money, and Mr. Acosta responded that it was not necessary. Chairman Kelly added that Requests for Qualification had already been done for the North Course, and negotiations had been conducted with the firm selected following a search for a qualified firm. Mr. Acosta noted that this recommendation was the result of approximately two months of negotiations with Project Dimensions. Member Spiegel stated that staff indicated it was necessary to do this now in order to finish the course by November, 1998, and he asked whether Intrawest was on schedule also. Mr. Acosta responded that it was staff's understanding that Intrawest was on schedule. Member Snyder moved to, by Minute Motion, authorize the Chairman to enter into an agreement with Project Dimensions to provide construction management services for the South Course of Desert Willow in the amount of $481,250.00 plus $35,000 for reimbursables. Motion was seconded by Crites and carried by a 4-1 vote with Member Benson voting NO. VIII. CONTINUED BUSINESS None IX. OLD BUSINESS None X. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR 1. Mr. Ortega reported that on Tuesday the Agency's 1997 refunding bond issue was priced, with good results. He said the financing was able to be restructured to accommodate future changes for Desert Willow, in case this needs to be done, and to be able to fund all of the capital improvement projects approved in this year's Redevelopment Agency budget. He added that in the process the Agency got a good windfall in that the market was caught at a good time, which saved approximately $2.3 million of net present value savings in today's dollars, well over 3 % net present value savings. He noted that the bond issue will close on July 24th. 2. Consideration of Naming of the Desert Willow Golf Courses. Mr. Ortega noted a provision in the agreement with Intrawest that the golf course be named. He said staff was prepared to close escrow on August 5 and that the money had been deposited. He said the name needed to be included so that when the covenants, conditions, and restrictions (CC&R's) are recorded, there is a recorded 5 1VIINUTTS PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 10, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * name of the golf course as well. He stated that this item had been taken before the Desert Willow Committee which recommended proceeding with the official naming of the golf courses. He said that what was now called the North Course would now be the Tournament Course, and the South Course would be called the Resort Course. Mr. Ortega noted that staff had received a request from IROC that they want to comment on those two names, and staff had no problem with that; however, due to the summer recess, there is a timing problem because the Board will not meet again until after escrow is closed. He said if IROC would waive that portion of the CC&R's that requires that the golf courses be named, staff would not have a problem with that; otherwise, in order to comply with that the courses would have to be named. He said if the Board had no problem with the names Tournament Course and Resort Course, he would recommend proceeding with same. Chairman Kelly stated that one of the reasons the Committee recommended these two names is to concentrate on the name and image, and all of the advertising is Desert Willow, and the Committee did not want to name the separate courses anything that would take away from the Desert Willow name. He said the North Course was always designed in a way that it would be a tournament level course, and the South Course had always been thought of as being more player -friendly. Member Benson stated she felt Tournament and Resort sounded like PGA West, and she felt Palm Desert could come up with something with a little more imagination such as Palm Course and Desert Course. Member Snyder agreed with Chairman Kelly that the major advertising and promotion should be the Desert Willow name, and the two recommended names would fit with what these courses would be used for. Member Benson asked whether the Marketing Committee of Desert Willow had recommended these names. Chairman Kelly responded that they were in attendance at the meeting. Member Crites stated that he felt the people from Kemper would prefer to have fancier names. He said there had been significant discussion of names and that these were simple and easy; however, if there were better suggestions, he was open to hear them. Member Spiegel expressed concern with the recommended names and said he did not feel people would understand if, when they call to make reservations to play golf, they are asked if they want to play the Tournament Course or the Resort Course. He said we have right now the North Course and South Course, and if you want to tie the mountains in that would be okay too. He agreed with Member Benson that it 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING * * * * * * * * * * * * * * * * * * * * JULY 10, 1997 * * * * * * * * * * * * should be revisited because these two names do not mean a thing as far as he is concerned. Chairman Kelly stated that as a golf player, he could assure Member Spiegel that Tournament Course and Resort Course will mean more to golf players, and they will understand what type of course it is by the name. He said the names would also describe what the players are looking for, and they will make their decision based on those names, better than any other way, which course they want to play. Member Snyder moved to, by Minute Motion, approve the Desert Willow Committee recommendation to name the two golf courses Tournament Course and Resort Course. Member Snyder noted that the name could always be changed at a later date, and this would allow the escrow to be closed. Member Crites asked if this is approved tonight and if Board members come up with other alternatives before the August 28th meeting and it is determined that these other alternatives are better, would the names be able to be changed. Mr. Ortega responded that the names can be changed up until the CC&R's are recorded and escrow closed on August 5th. Chairman Kelly noted that the CC&R's could be amended. He stated that it would be a lot simpler to change the names if they are given generic names like Tournament Course and Resort Course. Member Crites seconded the motion with direction to staff to list this as a potential agenda item for the August 28, 1997, meeting. Member Snyder agreed with the amendment. Motion carried by a 4-0-1 vote, with Member Spiegel ABSTAINING. 3. Mr. Ortega noted there was a housing project in which the Agency has a financial interest, and the Planning Commission would be meeting to consider this before the Agency Board meets again in August. He asked that it be added to the Agenda. Member Benson moved to add this item to the Agenda. Motion was seconded by Spiegel and carried by unanimous vote. Mr. Ortega stated that the Agency was involved in the Las Serenas project on Country Club Drive. The Planning Commission is considering amending the Conditional Use Permit for the Foundation for the Retarded, and the proposal was to continue some of the activities that have to do with training of its clients. He said this item had been before the Housing Committee the previous day, and the Committee made a motion to support the project subject to a list of mitigation 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 10, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * measures dealing with traffic, lighting, security measures, construction issues such as limiting hours and days of construction, etc. He said there was remaining concern dealing with whether all of the tenants had been notified. Chairman Kelly asked why staff felt this would be an emergency item. Mr. Ortega stated that staff wanted to have the Agency Board's official response to present to the Planning Commission. City Attorney Dave Erwin responded that the Planning Commission meeting would be held on July 15, 1997. Member Crites suggested that the Planning Commission be allowed to make a decision and present it to the Agency. He added that there was nothing for the Agency to look at, and staff was asking that the Board approve something without looking at anything. With Agency Board concurrence, no action was taken on this item. Mr. Erwin stated that basically, staff will advise the Planning Commission that no action was taken by the Agency Board other than to suggest that the Commission act on this matter in whatever manner it feels is appropriate, and the Agency Board and/or City Council will call the matter up if they wish to do so. Member Benson stated that the Housing Committee Minutes could be sent to the Planning Commission. Mr. Drell agreed and stated that the Planning Commission could review the Housing Committee's recommendation like it reviews the recommendations of Economic Development Advisory Committee or other committees that comment on projects. B. AGENCY COUNSEL &quest for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632 C. CHAIRMAN AND MEMBERS OF THE AGENCY None 8 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DULY 10, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XII. PUBLIC HEARINGS None XIII. ORAL COMMUNICATIONS None XIV. ADJOURNMENT Member Spiegel moved to adjourn to Closed Session at 6:00 p.m. Motion was seconded by Crites and carried by unanimous vote. Upon motion by Spiegel, second by Crites, and unanimous vote of the Agency Board, Chairman Kelly adjourned the meeting at 8:27 p.m. ATTEST: SPEILA R -G LIGAN, FALM DESERT RED1a RETARY TO THE PMENT AGENCY /74,Cs RICHARD S. KELLY, CHAIRM 9