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Home My WebLink About2002-08-22MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, AUGUST 22, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Kelly convened the meeting at 3:04 p.m. II. ROLL CALL Present: Excused Absence: Member Crites arrived at 3:05 p.m. Vice Chair Jean M. Benson Member Jim Ferguson Member Robert A. Spiegel Chairman Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Sheila R. Gilligan, ACM for Community Services Homer Croy, Acting ACM for Development Services Justin McCarthy, ACM for Redevelopment Amir Hamidzadeh, Acting Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Martin Pinon, Director of Human Resources Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Steve Smith, Planning Manager III. ADJOURN TO CLOSED SESSION With Agency Board concurrence, Chairman Kelly adjourned the meeting to Closed Session at 3:07 p.m. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 22, 2002 Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Land located in Section 4 - Desert Willow - Palm Desert, CA Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment Upon motion by Spiegel, second by Crites, the following items were added to the Closed Session Agenda by a 4-0 vote of the Redevelopment Agency: 2) Property: 97 Acres west of the Palm Valley Channel, south of Painter's Path Negotiating Parties: Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: George Fox Under Negotiation: x Price x Terms of Payment 3) Property: Located north of Frank Sinatra Drive, between Portola Avenue and Cook Street, Palm Desert (APNs 653-400-030/032/033/034) Negotiating Parties: Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency Property Owner: American Realty Trust Under Negotiation: x Price x Terms of Payment Upon motion by Spiegel, second by Crites, the following item was added to the Closed Session Agenda by a 4-0 vote of the Redevelopment Agency: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Springs v. All Persons Interested, Riverside County Superior Court Case No. INC 051124 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 22, 2002 IV. RECONVENE REGULAR MEETING - 4:00 P.M. Chairman Kelly reconvened the meeting at 4:01 p.m. A. REPORT ON ACTION FROM CLOSED SESSION. City Attorney Erwin reported that in the Closed Session just ended, on a 4-0 vote of the City Council/Agency Board (Benson ABSENT), the City Council/Agency Board approved a stipulation modifying the judgment in the matter of the City of Palm Springs v. All Persons Interested, Riverside County Superior Court Case No. INC 051124. V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of July 11, 2002; the Adjourned Joint Meeting of the Redevelopment Agency/Financing Authority of July 16, 2002; and the Adjourned Joint Meeting of the City Council/Redevelopment Agency of July 31, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 107RDA, 109RDA, 108-Housing, 109-Housing, 2RDA, 8RDA, 12RDA, 16RDA, 3-Housing, 9-Housing, 13-Housing, 17-Housing, and 5HA. Rec: Approve as presented. C. REQUEST FOR APPROVAL of Amendment to Contract No. R19310 — Design of the Civil Improvements, Post Design Services, and Construction Staking Services for the Entrada Del Paseo Project. Rec: By Minute Motion: 1) Approve Contract Amendment No. 3 in the amount of $9,050 to the subject contract with The Keith Companies, Palm Desert, California, for additional off -site improvements design for the south side of Painter's Path and for West El Paseo from the intersection at Highway 111 to Painter's Path; 2) authorize the Chairman to execute same; 3) authorize the Director of Finance to transfer said funds from contingency to base for the project. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 22, 2002 D. REQUEST FOR RATIFICATION of the Expenditure of Funds for Preparation of Phase I Environmental Site Assessment on an 8.1 Acre Site Known as APN 608-190-009, Palm Desert, California. Rec: By Minute Motion, ratify the expenditure of $2,150 for preparation of the subject assessment by Terra Nova Planning & Research, Inc., Palm Springs, California — funds are available in Account No. 870-4195-466-3092. E. REQUEST FOR RATIFICATION of Expenditures for Geotechnical Engineering Services and Palm Tree Maintenance at the Proposed Palm Village Apartments Site Located at 73-610 Santa Rosa Way. Rec: By Minute Motion, ratify: 1) Expenditure of $2,000 to Sladden Engineering, Palm Desert, California, for geotechnical engineering services at the subject site; 2) expenditure of $3,520 to Desert View Tree Service for palm tree maintenance at the subject site — funds are available in Account No. 870-4495-464-4001. Upon motion by Crites, second by Spiegel, the Consent Calendar was approved as presented by a 4-0 vote of the Agency Board, with Vice Chairman Benson ABSENT. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 22, 2002 IX. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO FINANCING THE COST OF PUBLIC IMPROVEMENTS TO CERTAIN CITY RIGHT-OF-WAY LOCATED NEAR THE HOUSING AUTHORITY PROPERTY KNOWN AS TAOS PALMS (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Councilman/Member Spiegel moved to: 1) Waive further reading and adopt: a) City Council Resolution No. 02-102, approving payment by the Redevelopment Agency to finance the cost of the installation and construction of public improvements to certain City right-of-way; b) Redevelopment Agency Resolution No. 452, approving payment by the Agency to finance the cost of the installation and construction of public improvements; 2) That the Agency Board, by Minute Motion: a) Authorize expenditure of funds for improvements to the alleyway located within Project Area No. 1 known as Lot C adjacent to Taos Palms Apartments — work to be performed by International Pavement Solutions, Inc., (June 13, 2002, awarded resurfacing Contract No. HA18590); b) Authorize the appropriation of an amount not to exceed $30,000 and a contingency of $3,000 from the Agency's Unobligated Funds. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro-TemNice Chairman Benson ABSENT. X. CONTINUED BUSINESS None XI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR PHASE II OF THE 40-ACRE SITE PROJECT (ALONG MERLE STREET), INVOLVING TREE REMOVAL, GRADING, SEWER, WATER, CURB, SIDEWALK PAVING, AND DRY UTILITIES (CONTRACT NO. R20190). Member Spiegel moved to, by Minute Motion: 1) Award the subject contract to Dateland Construction Company, Coachella, California, in the amount of $860,675; 2) authorize the Director of Finance to set aside the amount of $86,068 as 10% contingency (use of contingency requires additional action) — funds have been appropriated in Capital Improvements for 2002, Account No. 870-4698-466-4001; 3) authorize the Chairman to execute said contract. Motion was seconded by Ferguson and carried by a 4-0 vote, with Vice Chairman Benson ABSENT. XII. PUBLIC HEARINGS None 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 22, 2002 XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR 1. Status Report on Westfield Shoppingtown Palm Desert. Mr. McCarthy reported that the Agency continued to work diligently with Westfield in an effort to meet all the conditions of approval and return to the Agency Board in the near future with a package that can be recommended for approval. He said some of the remaining issues included access to the Whitney property immediately behind Trader Joe's; resolution of the landscaping and bus station issues were close at hand. He added that Westfield had tendered a request for payment under the progress payment regimen; however, staff was not prepared to recommend remittance of the payment since not all the necessary preconditions had been met in order to do so. Member Spiegel noted that while the parking structure near J.C. Penney seemed to be making significant progress, the one near Robinsons May was further behind, especially since the latter was to be three levels. Responding to question, Mr. McCarthy said he believed the parking structures were still scheduled for November completion. In further response, he felt it would probably be a 12-month process before the Barnes & Noble store would open. B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None XIV. ORAL COMMUNICATIONS - C None 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 22, 2002 XV. ADJOURNMENT Upon motion by Spiegel, second by Ferguson, and a 4-0 vote of the Agency Board (Vice Chairman Benson ABSENT), Chairman Kelly adjourned the meeting back to Closed Session at 5:47 p.m. He reconvened the meeting at 6:09 p .m., with no further action announced from Closed Session, and immediately adjourned to Wednesday, September 4, 2002, at 9:00 a.m. for joint discussion by the City Council and Redevelopment Agency regarding the Entrada Del Paseo project and related matters of business, including a Study Session. ATTEST: RICHARD S. ELLY, C,19AIRMAN RACHELLE D. KLASSEN�SECRETAIkY PALM DESERT REDEVELOPMENT AGENCY 7