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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: MINUTES 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. 2 MINUTES 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; MINUTES 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. 4 MINUTES 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. MINUTES 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, 6 MINUTES 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. MINUTES 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 8