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HomeMy WebLinkAbout1998-08-27MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, AUGUST 27, 1998 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * *'* * * * * * * * * * * * I. CALL TO ORDER Chairman Benson convened the meeting at 4:06 p.m. H. PLEDGE OF ALLEGIANCE - Chairman Jean M. Benson III. INVOCATION - Member Richard S. Kelly IV. ROLL CALL Present: Member Buford A. Crites Member Richard S. Kelly Vice Chairman Robert A. Spiegel Chairman Jean M. Benson Excused Absence: Member Jim Ferguson Also Present: Ramon A. Diaz, City Manager Robert W. Hargreaves, Deputy City Attorney Carlos L. Ortega, RDA Executive Director Sheila R. Gilligan, Director of Community Affairs/City Clerk Richard J. Folkers, ACM/Director of Public Works John M. Wohlmuth, ACM/Director of Administrative Services Patrick Conlon, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, RDA Manager Teresa LaRocca, Housing Manager Rudy Acosta, Development Manager Dennis Coleman, RDA Finance Manager Rachelle D. Klassen, Deputy City Clerk MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * *• * * * * * * * * * * * * * * * * * * * * * * * * * * V. ORAL COMMUNICATIONS MR. MARVIN FRIED, 72-600 Fred Waring Drive, No. 708, Palm Desert, stated he was a resident of One Quail Place and that he had come to the meeting in order to call attention to the roofs at One Quail Place. He said approximately one year ago he had water coming into his apartment, and that to date, the roof had not been repaired. He said he had been told repeatedly that the problem would be corrected but nothing had been done. He said he had spoken to the manager last week, as well as the contractor who he thought had the bid for the repairs, yet no repairs had been made. He asked for the Redevelopment Agency Board's assistance in rectifying his situation. Chairman Benson referred Mr. Fried to Ms. Terre LaRocca, Housing Manager, who administered the management contract with RPM. Ms. LaRocca stated that currently work was being done to establish the list of detailed work and improvement needed. She said that recently a general contractor had been brought on board who would be putting together the bid package to include all the work required. She went on to say that originally a bid package had been put together, but it was found that some crucial guidelines prescribed by law had not been followed. She added that this contractor started two weeks ago and staff had been meeting with him regularly since that time. She said the contractor would be adding a couple of people who would be responsible for minor, miscellaneous repairs and that the major deferred maintenance would go out to bid due to its extensive scope (i.e. roofing, pavement). She said the apartment management had been meeting with residents on a regular basis to identify these concerns. The Redevelopment Agency Board asked that staff work with Mr. Fried to find some sort of immediate, interim solution for his concern since it had been nearly a year that his roof had been leaking. MS. SHIRLEY COFFEY, 72-600 Fred Waring Drive, No. 702, Palm Desert, said she was also a resident of One Quail Place and had been for more than 12 years. She said her roof had just begun leaking, not to the extent of Mr. Fried's, but she was very concerned that it might reach that point since its repair had been repeatedly delayed. She added that the management in the office at One Quail Place had not been meeting with residents-- the residents had been meeting with the management. She stated Ms. LaRocca had been to the apartments, yet nothing had been accomplished and feared what would happen to her roof with another rain. She then presented to the Agency Board written communication from Lynne Irwin which was received for the record and made a part of these Minutes as Exhibit "A". MS. MELISSA LEE, 40-843 Palm Desert, said she understood the City Council would be receiving information from the "Save Our Rink" Committee, but felt she might not have the opportunity to speak directly at that time. She said that she was the parent of a figure skater, a hockey skater, and a two-year old beginner. She requested Council's quick and favorable action in whatever manner was requested (i.e. fast track permitting, etc.) for locating an ice rink in the City prior to closure of the rink at the Palm Desert Town Center. She noted that Mr. Gary Steven and the group he 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * represented had proven to be worthy of the Council's consideration, and felt location of a facility, such as the one Mr. Steven proposed, would only increase Palm Desert's favorable notoriety. MR. ROBERT REGO, 85 Athens Street, Rancho Mirage, CA, said he had been part of the group who sought a developer for the ice rink. He said he had met with the Odekirk's, Steven, City Skate, and noted the recent newspaper reports citing concern for too many rinks and too many developers. He said that since Cathedral City stepped forward and prematurely announced their desire to build the rink, others had stepped back to see what Cathedral City wanted to do. Therefore, he stated that the developer who had the money, experience, expertise, track record, and integrity be chosen, and based upon those factors, suggested Mr. Steven's group seemed to be that one. He added that he had personally spoken before the Rancho Mirage City Council to ask for their support of Palm Desert in approving an ice rink. He said he had also spoken to the city councils of La Quinta, Indian Wells, and the Cove Communities Commission to ask for their support of an ice rink. He stated that after doing this, he felt comfortable supporting Mr. Steven as the provider of a successful facility that would attract world class skaters and promoters to the desert. VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of July 9, 1998, and the Special Joint Meeting of the City Council/Redevelopment Agency of August 10, 1998. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TUASURY - Warrant Nos. 1RDA, 2RDA, 3RDA, 4RDA, 5RDA, 6RDA, 7RDA, 8RDA, 9RDA, 10RDA, 11RDA, 12RDA, _ 2DR, 3DR, 6DR, 7DR, 8DR, 9DR, and 10DR. Rec: Approve as presented. C. REQUEST FOR APPROVAL of Contract No. R14760 with K. B. Leung and Associates, Inc. for the Provisions of Professional Design Services at the Desert Willow Project. Rec: By Minute Motion: 1) Approve the subject contract with K. B. Leung and Associates, Inc., Alta Loma, California, in an amount not to exceed $8,500.00 at the Desert Willow Project for the provision of structural engineering services; 2) appropriate $7,000.00 from Account No. 851-4663-454-4001 and $1,500.00 from Account No. 851-4619-433-4001. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR APPROVAL of Amendment to Contract No. R10470 with Ray Lopez Associates for Professional Services on the Desert Willow Project. Rec: By Minute Motion: 1) Authorize the amendment of the professional design services contract with Ray Lopez Associates, Palm Desert, California, in an amount not to exceed $3,290.00 for the provision of additional design and construction observation services at the Desert Willow Project; 2) appropriate said amount from Account No. 851-4619-433-4001. Upon a motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented upon a 4-0-1 vote with Member Ferguson ABSENT. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. NEW BUSINESS A. REQUEST FOR APPROVAL OF SOUTHERN CALIFORNIA EDISON FEES FOR THE ELECTRICAL "BACKBONE" (WITHIN DESERT WILLOW DRIVE) AT THE DESERT WILLOW GOLF RESORT. Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize the payment of Southern California Edison fees in the amount of $155,641.32 for the provision of the electrical "backbone" conduit at the Desert Willow Golf Resort; 2) appropriate the required fees from the project Account No. 851-4663- 454-4001. Motion was seconded by Kelly and carried by a 4-0-1 vote with Member Ferguson ABSENT. B. REQUEST FOR APPROVAL OF ACQUISITION, REHABILITATION, AND RESALE PROGRAM. Ms. LaRocca stated that staff had been investigating the possibility of negotiating property acquisition for the Agency's Acquisition, Rehabilitation, and Resale Program. She added that through the Housing Urban Development's (HUD) Internet program, bids could be submitted when these properties become available, and that staff's recommendation would simplify the process and expedite its ability to acquire homes at a discount. She said these homes would then be rehabilitated and sold to lower income households. 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Vice Chairman Spiegel stated he thought it an excellent idea and moved to, by Minute Motion: 1) Authorize the Executive Director or his designee to negotiate the acquisition of Housing Urban Development (HUD) repossessions, bank foreclosures, and for sale properties as part of the Acquisition, Rehabilitation, and Resale component of the Home Improvement Program (HIP) not to exceed a cumulative financial commitment of $250,000.00 from program funds; 2) in the case of HUD properties, authorize submittal of bids through HUD's Internet program at the discretion and approval of the Executive Director. Motion was seconded by Kelly and carried by a 4-0-1 vote with Member Ferguson ABSENT. X. CONTINUED BUSINESS None XI. OLD BUSINESS A. REOTIF„ST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT FOR THE CONSTRUCTION OF THE MOUNTAIN VIEW COURSE AT DESERT WILLOW (CONTRACT NO. R12790). Member Kelly moved to, by Minute Motion: 1) Approve Change Order No. 2 to the subject contract with Park West Golf, Inc., San Marcos, California, in the amount of $160,000.00 for additional construction services; 2) appropriate the amount from contract contingency to base; 3) approve project modifications ledger. Motion was seconded by Crites and carried by a 3-1-1 vote with Chairman Benson voting NO and Member Ferguson ABSENT. B. REQUEST FOR _APPROVAL OF PROFESSIONAL SERVICE CONTRACT AMENDMENTS TO DESERT WILLOW CONSULTANTS FOR MOUNTAIN VIEW COURSE DESIGN CHANGES. Vice Chairman Spiegel moved to, by Minute Motion: 1) Approve the contract amendments to the following Desert Willow professional service consultants for design changes performed on the Mountain View Course-- Mainiero-Smith Associates, Palm Springs, California, $55,200.00; Horton-Shepardson Associates, Palm Desert, California, $5,800.00; Waterscapes, Buena Park, California, $4,100.00; Dream Engineering, Palm Desert, California, $950.00; 2) authorize the appropriation of the amounts from the project Account No. 851-4619-433-4001. Motion was seconded by Kelly and carried by a 3-1-1 vote with Chairman Benson voting NO and Member Ferguson ABSENT. C. REQUEST FOR APPROVAL OF AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND REAL ESTATE ANALYSIS COMPANY (REASCO). Mr. Ortega noted that previously the Agency Board had requested an amended recommendation for this agreement. 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Member Crites said that he had no dissatisfaction with the services received from REASCO. However, he wondered if there was a general City policy regarding how long it could stay with an outside analyst before it was necessary to seek proposals from other such firms. Mr. Ortega stated that there was not currently a policy. He said that Mr. Wolk had been brought in when there was a particular issue which required his expertise and since then had continued with his service. He added that there were other companies who provided the same services and suggested requesting qualifications of these other firms prior to the end of the current fiscal year. Member Crites moved to, by Minute Motion: 1) Approve Contract No. R14670 with REASCO to provide consultant services on an as -needed basis in accordance with the attached agreement; 2) appropriate $48,600.00 for a 10-month contract with the consultant; and 3) directed staff to return to the Agency Board with its observations on the appropriate length of time for renewing this type of contract before it was necessary to seek proposals of other firms which provide the same service. Motion was seconded by Spiegel and carried by a 4-0-1 vote with Member Ferguson ABSENT. D. REQUEST FOR APPROVAL OF EAST HOVLEY LANE WALL CONSTRUCTION PROGRAM. Mr. Ortega noted this request reflected the Agency Board's desire for presentation of the methodology to be implemented for the East Hovley Lane Wall Program. Vice Chairman Spiegel noted that of the 32 homes involved, 12 (37%) said they were not interested in the program at all, 5 (15 %) provided no response, and 9 homes said maybe yes/maybe no. Mr. Yrigoyen said that many of those had indicated that if the entire wall was done, they would be willing to participate. Vice Chairman Spiegel added that the no responses and no's combined amounted to 50% and wondered why it was necessary to proceed. Mr. Yrigoyen said this loan program was devised to accommodate those people who did not qualify under the Home Improvement Program. He noted that the report included information on the preliminary analysis provided by the Code Compliance Department as to whether the walls were unsafe or did not meet the City's criteria. He said the finding reflected that all of the walls were citable for one reason or another, except for one, which he noted the individual had just built an eight inch block wall which was satisfactory. He stated that staff decided to have the loan criteria in place so that if the residents decided for whatever reason, perhaps even citation, there was an alternative available to them. He said this could be the loan program, the Home Improvement Program, or a possible grant program. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * — Member Kelly said he was in favor of affordable loans for repairing walls in the City; however, he noted that while the City had focused on the subject area for clean up, there was an area nearby on Fred Waring that had never been successfully cleaned up. He said from the input he received from the community, he did not feel this plan would work. He added that he was concerned for the equity of applying this type of program throughout the City. Chairman Benson said she was concerned by the statement that the residents were not being forced into this program, but then heard that all the people were citable. She cautioned the impropriety in offering the program as an "out" and nonparticipation resulting in citation. Mr. Diaz stated that the Code Compliance Department had been requested to inspect the walls under discussion. He said some walls were found to be structurally unsafe and unacceptable, others had issues of maintenance and appearance, and the structurally unsafe walls were cited as there was no other alternative once their status was determined. He said on the walls with appearance issues, staff was awaiting determination of this problem. He added that for the walls which were cited, those people can qualify for assistance through existing programs, low interest loans. Mr. Yrigoyen stated the program outlined here had been designed for those people who could not qualify under the criterions of the existing Home Improvement Program, which was based upon income qualifications. Vice Chairman Spiegel asked if this program would apply to a resident of Fred Waring. Mr. Yrigoyen replied it could if that was the way the program was directed by the Agency Board. Member Kelly noted that it had only been the residents of East Hovley Lane who had been approached about such a program. Mr. Yrigoyen stated that the Hovley Lane area had been targeted at the direction of the Project Area No. 4 Committee. Member Kelly said that he was a representative to the Project Area No. 4 Committee and was in favor of implementing this program there; however, he wanted the same attention be given to those residents who had been in the City for over 20 years. Mr. Hart Ponder, Code Compliance Supervisor, stated that of the 32 walls, 16 had been identified in violation of the Health and Safety Code. He said that with regard to Fred Waring Drive, substandard walls had also been identified and had since been replaced. He added that the problem seemed to be uniformity. He said there was allowance in the code for wood, in certain areas, etc.; therefore, when the walls were being replaced or repaired, wood could be 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * *• * * * * * * * * * * * * * * * * * * * * * * * * * * utilized. He stated that one of the problems with Project Area No. 4 was that they sought a uniform stretch where everyone had the same type of wall. Upon question by Member Crites, Mr. Ponder responded that the 16 walls with Health & Safety Code violations meant they were structurally unsound, including retaining wall problems, etc. Member Crites said that it would be appropriate to move ahead with this program in the subject area, as well as other areas. He felt that when dealing with individual homes and choice of construction materials allowable by the City's code, caution should be exercised when demanding uniformity on one street-- this was a demand that only a homeowners' association could make. Member Kelly suggested that if the subject walls were located in the Palm Desert Country Club Homeowners' Association, perhaps they had the ability to require uniformity, and agreed that the City did not. Vice Chairman Spiegel suggested continuance of this matter to the first meeting in September to provide staff time to contact the Palm Desert Country Club Homeowners' Association for their interest in becoming involved by setting such standards. Mr. Ortega stated that the next Project Area No. 4 Committee meeting would be held September 16. Member Crites moved to, by Minute Motion, approve the document now before the Agency Board providing the ability for residents to borrow money without regard to exact specifications for the wall. Motion died for lack of a second. Member Kelly stated if the residents wanted to take the extra step to address uniformity and this loan program was utilized before the standards were set, perhaps this would be a hindrance. Member Crites moved to, by Minute Motion, approve the implementation of a loan program for the construction of private walls along the south side of Hovley Lane East between Kansas and Warner Trail and authorize staff to proceed with same, but requested that the program not take effect until following the next Project Area No. 4 Committee in order to allow contact of the Palm Desert Country Club Homeowners' Association for their involvement in making certain specifications with regard to the walls which were identified. Motion was seconded by Kelly. At the suggestion of Vice Chairman Spiegel, Member Crites amended his motion to make funds available for all residents of the City of Palm Desert where it appeared such walls abutted the public right-of-way and were affected with Health & Safety issues. Member Kelly seconded this amendment to the previous motion. 8 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz commented that in the past, the Departments of Building & Safety and Community Development had maintained the policy of working with and involving active homeowners' associations, where present, in such issues. He suggested that in this case, a condition of approval for the low interest loan could be approval of the design by the homeowners' association to address the significance of the uniformity issue here. He added that staff would not proceed with the loans or any wall construction until this matter was resolved, but would cite and also investigate other areas of the City. The motion carried by 4-0-1 vote with Member Ferguson ABSENT. XII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Ortega noted the items listed on the Agenda for Closed Session consideration. B. AGENCY COUNSEL Request for Closed Session: Conference with Real Property Negotiator pursuant to Section 54956.8: 1) Property: Southwest corner of Highway 111 and El Paseo Negotiating Parties: Agency: Palm Desert Redevelopment Agency/Carlos L. Ortega, Executive Director Property Owner: ACD2 under Negotiation: Price a_ Terms of Payment 2) Property: Land located in Section 4 - Desert Willow Negotiating Parties: Agency: Palm Desert Redevelopment Agency/Carlos L. Ortega, Executive Director Property Owner: Palm Desert Redevelopment Agency Under Negotiation: . . Price . Terms of Payment 3) Property: 77-200 California Drive, Palm Desert. Negotiating Parties: Agency: Palm Desert Redevelopment Agency/Carlos L. Ortega & David Yrigoyen Property Owner: Gutta Percha Under Negotiation: x Price . Terms of Payment 9 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4) Property: 74-039 San Marino Circle, Palm Desert. Negotiating Parties: Agency: Palm Desert Redevelopment Agency/Carlos L. Ortega, Executive Director Property Owner: Ray Winner Under Negotiation: Price Terms of Payment 5) Property: 74-047 San Marino Circle, Palm Desert. Negotiating Parties: Agency: Palm Desert Redevelopment Agency/Carlos L. Ortega, Executive Director Property Owner: Gary and Norma Tryon Under Negotiation: Price .2_ Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. REFCO Capital Corporation, et al., United States District Court, Central District, Case No. CV92-7632 b) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior court Case No. BC106461 C. CHAIRMAN AND MEMBERS OF THE AGENCY None XIII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XIV. PUBLIC HEARINGS None 10 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 27, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ADJOURNMENT Upon a motion by Crites, second by Spiegel, and a 4-0-1 vote with Member Ferguson ABSENT, Chairman Benson adjourned the meeting to Closed Session at 4:42 p.m. She reconvened the meeting at 7:07 p.m., and upon a motion by Spiegel, second by Crites, and a 4-0-1 vote of the Agency Board with Member Ferguson ABSENT, adjourned the meeting to Closed Session at 9:33 p.m. She reconvened the meeting at 10:30 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GILIXGAN, SE TARY TO THE PALM DESERT REDEVEL MENT AGENCY JE. BENSON, CHAIRMAN 11 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" AUGUST 27, 1998 * * * * * * * * * * * Lynne Irwin 72-600 Fred Waring Drive, #2306 Palm Desert, CA. 92260 ph: 760-341-5767 / wk: 760-778-0276 / fax: 760-778-0206 /e: Iai0316c<< aol.com NOTES FOR CITY COUNCIL MEETING 08 27: Primary concerns: Inadequate security FOWLING of east pool 07 98 RULES NOT enforced Management irresponsibility: RE -ROOFING not completed as noted in 06 15 resident advisory meeting. At 07 16 meeting manager Steve Skibel told us that we should call Jim Foley at RPM to complain as he had put the roofing job out to bid without stressing bids in prevailing wage. Steve said they had not known that that was necessary and so had to re -bid it. For a company supposedly so experienced in management (20 years per Jim at 1" meeting with us on 06 15) this is incomprehensible. ONE WEEK: from initial call (07 1?),to repair garbage disposal. Apartment entrance slip (07 21) noted "will retum tomorrow/had to order new garbage disposal". Second call to management on 07 24 as still not repaired; disposal operative by nightfall, but not a new unit - the very same unit was in place. Was the City charged for a new unit when none was used in this case? PAINTING: Promised for one specific day, weeks in advance. Tenant made rooms ready for painting including fumiture and storage displacement and wall preparation. Asked by maintenance to delay one day. OK. No one showed up the next day. When management contacted, manger Steve Tied to tenant and stated "sometimes promises cannot be kept". RULES VIOLATIONS not addressed unless tenants bring them to managements attention. (Teri LaRocca, employee of the City of Palm Desert, has told tenants to address violations with other tenants THEMSELVES and obtain apartment numbers for management. Tenants have been verbally abused when this approach was used. Further, it is not tenants responsibility to confront other tenants. Specific written documentation available upon request ED: If the Citv wants a tenement within the Citv limits. they are well on the way. 12