HomeMy WebLinkAbout2003-06-26MINUTES
REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING
THURSDAY, JUNE 26, 2003
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Chairman Benson convened the meeting at 3:04 p.m.
II. ROLL CALL
Present:
Member Jim Ferguson arrived 4:00 p.m.
Member Richard S. Kelly
Vice Chairman Robert A. Spiegel
Chairman Jean M. Benson
Excused Absence:
Member Buford A. Crites
Also Present:
— Carlos L. Ortega, City Manager/RDA Executive Director
Robert W. Hargreaves, Deputy City Attorney
Sheila R. Gilligan, ACM for Community Services
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Amir Hamidzadeh, Director of Building & Safety
Rachelle D. Klassen, City Clerk
Teresa L. La Rocca, Director of Housing
Michael J. Errante, Director of Public Works/City Engineer
David Yrigoyen, Director of Redevelopment
Robert P. Kohn, Director of Special Programs
Mark Greenwood, Engineering Manager
Jose Luis Espinoza, Finance Operations Manager
III. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
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PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 26, 2003
1) Property: APN 653-740-003
Negotiating Parties:
Agency: Justin McCarthy/Lauri Aylaian/
Palm Desert Redevelopment Agency
Property Owner: Palm Desert Redevelopment Agency
Other Parties: Debra A. Ramos
Under Negotiation: x Price x Terms of Payment
With Agency Board concurrence, Chairman Benson adjourned the meeting to
Closed Session at 3:05 p.m. She reconvened the meeting at 4:03 p.m.
IV. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
VI. CONSENT CALENDAR
A. MINUTES of the Regular Meeting of the Redevelopment Agency of June 12,
2003.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant
Nos. 270RDA, 274RDA, 271-Housing, and 275-Housing.
Rec: Approve as presented.
C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARY for the Month
of April 2003 (Joint Consideration with the Palm Desert City Council).
Rec: Receive and file.
D. REQUEST FOR AWARD OF CONTRACT for Real Estate Analysis
Consulting (Contract No. R21480).
Rec: By Minute Motion, award the subject contract to Real Estate Analysis
Services Co. (REASCO), Palm Desert, California, in an amount not to
exceed $50,000 for Fiscal Year 2003/04.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 26, 2003
E. REQUEST FOR APPROVAL of Temporary License Agreement with
American Realty Investors, Inc., for Use of the Well at the 170-Acre Site
(Contract No. R21490).
Rec: By Minute Motion, approve the subject agreement and authorize the
Executive Director to execute same.
F. REQUEST FOR APPROVAL of Contract Amendment No. 1 to Contract
No. R19300 — Design, Bidding, and Construction Administration of the Site
Improvements and Underground Utilities for the 40-Acre Parcel at
42nd Avenue and Merle Street.
Rec: By Minute Motion: 1) Approve Contract Amendment No. 1 in the
amount of $17,856 to the subject contract with Mainiero, Smith &
Associates, Palm Springs, California; 2) authorize the Director of
Finance to transfer said amount from contingency to base for the
project; 3) authorize the Chairman to execute Contract Amendment
No. 1.
Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as
presented by a 4-0 vote, with Member Crites ABSENT.
VII. CONSENT ITEMS HELD OVER
None
VIII. RESOLUTIONS
None
IX. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR ARCHITECTURAL
SERVICES FOR DESIGN OF A CLUBHOUSE FACILITY FOR CATALINA
GARDENS AND THE PUEBLOS APARTMENTS (CONTRACT
NO. R21500).
Mr. Ortega noted the staff report and recommendation in the packets.
Vice Chairman Spiegel moved to, by Minute Motion: 1) Award the subject contract
to Kristi W. Hanson, Inc., Palm Desert, California, in the amount of $65,000 and authorize
reimbursables for the project in the amount of $2,500; 2) authorize the Director of Finance
to set aside the amount of $6,500 as a 10% contingency for the project (use of contingency
requires additional action); 3) authorize the Director of Finance to appropriate $67,500 from
the Unobligated Housing Fund for this purpose — Account No. 870-4195-466-4001;
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PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 26, 2003
4) authorize the Chairman to execute all necessary documents. Motion was seconded by
Kelly and carried by a 4-0 vote, with Member Crites ABSENT.
B. REQUEST FOR APPROVAL OF A MODIFICATION AGREEMENT BY AND
BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND
VARIOUS BORROWERS PARTICIPATING IN THE SELF-HELP HOUSING
PROGRAM (CONTRACT NOS. R21510A-K).
Mr. Ortega noted the staff report and recommendation in the packets and
offered to answer any questions.
Vice Chairman Spiegel moved to, by Minute Motion: 1) Approve as to form the
Modification Agreement proposed, attached to the staff report as Exhibit "A," with the
11 families who purchased homes in the Palma Village area in 1992, built in conjunction
with the Coachella Valley Housing Coalition ("CVHC") as part of the Self -Help Housing
Program ("Program"); 2) authorize the Executive Director to execute the Agreements with
the individual homeowners. Motion was seconded by Kelly and carried by a 4-0 vote, with
Member Crites ABSENT.
C. REQUEST FOR APPROVAL OF THE ACQUISITION OF PROPERTY
KNOWN AS 43-860 BLUEBERRY LANE (APN 634-061-039).
Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize acquisition of the
subject property for the purpose of retaining affordability covenants and resale; 2) authorize
the Executive Director to execute any documents necessary to facilitate this acquisition —
funds are available in the Acquisition, Rehab, Resale Budget. Motion was seconded by
Kelly and carried by a 4-0 vote, with Member Crites ABSENT.
D. REQUEST FOR APPROVAL OF THE ACQUISITION OF PROPERTY
KNOWN AS 75-339 KELSEY CIRCLE SOUTH (APN 634-241-008).
Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize the acquisition of
the subject property for the purpose of retaining affordability covenants and resale;
2) authorize the Chairman to execute any documents necessary to facilitate this acquisition
— funds are available in the Acquisition, Rehab, Resale Budget. Motion was seconded by
Kelly and carried by a 4-0 vote, with Member Crites ABSENT.
E. REQUEST FOR APPROVAL OF THE ACQUISITION OF PROPERTY
KNOWN AS 43-715 KELSEY COURT (APN 634-241-036).
Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize acquisition of the
subject property for the purpose of retaining affordability covenants and resale; 2) authorize
the Chairman to execute any documents necessary to facilitate this acquisition — funds are
available in the Acquisition, Rehab, Resale Budget. Motion was seconded by Kelly and
carried by a 4-0 vote, with Member Crites ABSENT.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 26, 2003
X. CONTINUED BUSINESS
None
XI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR PROVISION OF THE
TREES FOR LANDSCAPING AT THE ENTRADA DEL PASEO PROJECT
(CONTRACT NO. R21170).
Mr. Ortega noted the staff report and recommendation in the packets and
offered to answer any questions. Upon question by Member Kelly,
Mr. Ortega responded that they can use the plants that are being taken out
on Highway 111.
Vice Chairman Spiegel asked if there was any guarantee on the plants that
are going to be put in.
Mr. Ortega responded that there is typically a guarantee and a maintenance
period.
Vice Chairman Spiegel moved to, by Minute Motion: 1) Award the subject
procurement contract to Randy G. Myers & Nurseries in the amount of $99,315 for
— provision of the trees to be used in landscaping the Eric Johnson Memorial Gardens and
the Entrada del Paseo project; 2) authorize the Director of Finance to set aside the amount
of $9,931 as a 10% contingency (use of contingency requires additional action) — funds are
available in Account No. 850-4358-433-4001; 3) authorize the Chairman to execute said
contract. Motion was seconded by Kelly and carried by a 4-0 vote, with Member Crites
ABSENT.
B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 5 TO CONTRACT
NO. R19720—CIVIL IMPROVEMENTS AND SITE INFRASTRUCTURE FOR
THE ENTRADA DEL PASEO PROJECT.
Mr. Ortega noted the staff report and recommendation in the packets.
Vice Chairman Spiegel moved to, by Minute Motion: 1) Approve Change Order No.
5 in the amount of $79,858.25 to the subject contract with Dateland Construction Company,
Inc., Coachella, California, for: extension of the signal interconnect work west of the
Highway 111 entrance to the project site (previously ratified by the Executive Director);
installation of a fire detector check line from the detector check to the Cuistot restaurant
pad; and enhanced concrete and decorative pavers upgrade at the site hardscape;
2) authorize the Chairman to execute the Change Order. Motion was seconded by Kelly
and carried by a 3-0-1 vote, with Member Ferguson ABSTAINING and Member Crites
ABSENT.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 26, 2003
XII. PUBLIC HEARINGS
A. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S AND
EXECUTIVE DIRECTOR'S PROPOSED FINANCIAL PLAN FOR
FISCAL YEAR 2003/04 (JOINT CONSIDERATION WITH THE
PALM DESERT CITY COUNCIL AND THE PALM DESERT
HOUSING AUTHORITY).
Mr. Ortega noted the staff report and recommendation in the packets and
offered to answer any questions. He noted that the proposed budget was a
balanced budget. He stated that Ordinance No. 1051 dealt with Council
salaries and provided for a cost of living increase for Council, provided for
compensation as members of the Housing Authority, and also provided for
compensation as members of the Redevelopment Agency. Upon question
by Mayor Pro TemporeNice Chairman Spiegel, Mr. Ortega responded that
the cost of living increase was 3.9% for the Council. He also requested that
an additional item be added to the Agenda dealing with compensation for
Redevelopment Agency Legal Counsel, which was inadvertently omitted from
the Agenda recommendations.
Councilman/Member Ferguson moved to add this item to the Agenda. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Councilman/Member Crites ABSENT.
Mr. McCarthy noted that a request had been received from Redevelopment
Agency Legal Counsel (Richards, Watson & Gershon) to amend the fee
schedule for the partners and legal staff in terms of paralegals and
assistants. The current rate for the partners was $175 per hour, and this was
established in 2000. The request was that the amount be amended to $185
per hour. With regard to paralegals and legal assistants, the request was for
a $5 per hour increase to $95 per hour.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter. With no testimony offered, she declared the
public hearing closed.
Mayor Pro TemporeNice Chairman Spiegel moved to: A) Waive further reading and:
1) Adopt Resolution No. 03-87, adopting a City Program and Financial Plan for the Fiscal
Year July 1, 2003, through June 30, 2004; 2) adopt Resolution No. 03-88, establishing the
Appropriations Limit for Fiscal Year 2003/04; 3) adopt Resolution No. 469, adopting a
Redevelopment Agency Program and Financial Plan for the Fiscal Year July 1, 2003,
through June 30, 2004; 4) adopt Resolution No. HA-20, adopting a Housing Authority
Program and Financial Plan for the Fiscal Year July 1, 2003, through June 30, 2004;
5) adopt Resolution No. 03-89, setting the Salary Schedule, Salary Ranges, and Allocated
Classifications for FY 2003/04; 6) pass Ordinance No. 1051 to second reading, adding
Sections 2.24.030 and 2.64.140 and amending Section 2.28.010 of the Palm Desert
Municipal Code, establishing compensation for Members of the City Council,
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PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 26, 2003
Redevelopment Agency, and Housing Authority effective September 1, 2003; B) By Minute
Motion: 1) Approve Outside Agency Funding as outlined in the accompanying staff report;
2) approve adding $20,000 to Budget for retaining Legislative/Regulatory Advocacy
Services (Municipal Electric Utility) — action approved by the Legislative Review Committee
at its meeting of June 17, 2003; 3) approve an amendment in hourly rates paid by the
agreement with Richards, Watson & Gershon for Redevelopment Agency Legal Services,
with new rates effective July 1 (Partners — $185/hour; Paralegals/Assistants — $95/hour).
Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman/Member
Crites ABSENT.
B. CONSIDERATION OF THE PROPOSED SALE OF PROPERTY LOCATED
AT 43-980 BLUEBERRY LANE, PALM DESERT (APN 634-061-027), TO A
PERSON OR FAMILY OF LOW OR MODERATE INCOME.
Mr. Ortega stated that Redevelopment law required that before the Agency
can dispose of property, a public hearing must be held. He noted the staff
report and recommendation in the packets and offered to answer any
questions.
Chairman Benson declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request. No testimony was offered, and she declared
the public hearing closed.
— Vice Chairman Spiegel moved to waive further reading and adopt Resolution No.
470, approving the sale of the subject property to a person or family of low or moderate
income pursuant to the attached Purchase and Sale Agreement. Motion was seconded by
Kelly and carried by a 4-0 vote, with Member Crites ABSENT.
C. CONSIDERATION OF THE PROPOSED SALE OF PROPERTY LOCATED
AT 75-353 KELSEY CIRCLE NORTH, PALM DESERT (APN 634-242-034),
TO A PERSON OR FAMILY OF LOW OR MODERATE INCOME.
Chairman Benson declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this matter. No testimony was offered, and she deciared
the public hearing closed.
Vice Chairman Spiegel moved to waive further reading and adopt Resolution
No. 471, approving the sale of the subject property to a person or family of low or moderate
income pursuant to the attached Purchase and Sale Agreement. Motion was seconded by
Ferguson and carried by a 4-0 vote, with Member Crites ABSENT.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 26, 2003
XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION
A. EXECUTIVE DIRECTOR
None
B. AGENCY COUNSEL
None
C. CHAIRMAN AND MEMBERS OF THE AGENCY
None
XIV. ADJOURNMENT
Vice Chairman Spiegel moved to adjourn the meeting at 5:50 p.m. Motion was
seconded by Kelly and carried by a 4-0 vote, with Member Crites ABSENT.
ATTEST:
AN M. BENSON, CHAIRMAN
RACHELLE D. KLASSEN, SECRETARY
PALM DESERT REDEVELOPMENT AGENCY
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