Loading...
HomeMy WebLinkAbout2003-10-23MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, OCTOBER 23, 2003 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Benson convened the meeting at 3:05 p.m. I1. 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: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney — Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 620-430-025 Negotiating Parties: Agency: Justin McCarthy/Dave Yrigoyen/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment MINUTES i PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 2) Property: APNs 653-740-001/002/003 APNs 653-400-045/046/047/048 APNs 653-360-010/011/012 Negotiating Parties: Agency: Carlos Ortega/Justin McCarthy/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Michael Marix, Cornerstone Developers, Inc. Under Negotiation: x Price x Terms of Payment City Attorney Erwin announced that an item of property negotiation needed to be added to this agenda by four -fifths vote. Vice Chairman Spiegel moved to add Property Negotiation Item No. 3 to the Closed Session Agenda. Motion was seconded by Member Kelly and carried by a 4-0 vote, with Member Ferguson ABSENT. 3) Property: Located north of Frank Sinatra Drive, between Portola Avenue and Cook Street, Palm Desert, CA (APNs 653-400-030/032/033/034) Negotiating Parties: Agency: Carlos L. Ortega/Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: American Realty Trust Under Negotiation: x Price x Terms of Payment With Agency Board concurrence, Chairman Benson adjourned the meeting to Closed Session at 3:07 p.m. She reconvened the meeting at 4:05 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 VI. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of October 9, 2003, and the Adjourned Joint Meeting of the City Council/ Redevelopment Agency of October 9, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 83RDA, 86RDA, and 87-Housing. Rec: Approve as presented. C. CITY'S/AGENCY'S PORTFOLIO MASTER SUMMARY for the Month of July 2003 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. D. REQUEST FOR APPROVAL of Treasury Policies and Procedures for 2004, As Amended (Joint Consideration with the Palm Desert City Council, Palm Desert Housing Authority, and Palm Desert Financing Authority). Rec: By Minute Motion, approve the Palm Desert Treasury Policies and Procedures for 2004, as amended. E. REQUEST FOR APPROVAL of Change Order No. 4 to Contract No. R20960 — Construction of the Entrada del Paseo Water Feature. Rec: By Minute Motion, approve Change Order No. 4 to the subject contract with Rock & Waterscape Systems, Inc., Irvine, California, for a 45-calendar day time extension and authorize the Chairman to execute same. F. REQUEST FOR APPROVAL of Contract Amendment No. 1 to Contract No. R20940 — Professional Services Agreement for Electrical Engineering, Design, and Construction Observation Services for Entrada del Paseo Project. Rec: By Minute Motion: 1) Approve Contract Amendment No. 1 in the amount of $963.75 plus $200 for reimbursable expenses to the subject contract with Dream Engineering, Inc., Palm Desert, California, for additional electrical design for lighted monument signs, the water feature, and working with lighting manufacturers to improve on delivery dates for certain fixtures; 2) authorize the Chairman to execute said contract amendment. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 G. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. R21090 — Construction of the Eric Johnson Memorial Gardens and Landscaping at Entrada del Paseo. Rec: By Minute Motion: 1) Approve Change Order No. 2 to the subject contract with Mark Logan Landscape, Inc., La Quinta, California, for 23 additional calendar days at no additional cost for an owner -requested revision to certain Tight fixtures at the Entrada del Paseo project; 2) authorize the Chairman to execute same. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R21700 — Installation of Curbing on the Firecliff and Mountain View Courses of the Desert Willow Golf Resort (Contreras Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented by a 4-0 vote, with Member Ferguson ABSENT. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS A. RESOLUTION NO. 483 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY, AFFIRMING ITS INTENTION THAT CERTAIN PROPERTY (APN 637-062-002) BE USED FOR THE DEVELOPMENT OF HOUSING AFFORDABLE TO PERSONS AND FAMILIES OF LOW AND MODERATE INCOME. Director of Housing Teresa La Rocca reviewed the staff report and offered to answer any questions. Vice Chairman Spiegel moved to waive further reading and adopt Resolution No. 483. Motion was seconded by Kelly and carried by a 4-0 vote, with Member Ferguson ABSENT. 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 IX. NEW BUSINESS — A. REQUEST FOR APPROVAL OF UPDATED AUTHORIZATION TO INVEST MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Ortega noted the staff report in the packets. Upon question by Councilman/Member Kelly, Deputy City Treasurer Thomas Jeffrey responded that these funds are not secured by the State of California; however, in 20 years of operation, LAIF has never lost any principal. He said the funds were part of the State Treasury, held in trust for the City. Councilman/Member Kelly moved to waive further reading and adopt: 1) City Council Resolution No. 03-109, authorizing the investment of monies in the Local Agency Investment Fund; 2) Redevelopment Agency Resolution No. 482, authorizing the investment of monies in the Local Agency Investment Fund. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman/Member Ferguson ABSENT. B. REQUEST FOR APPROVAL OF OCCUPANCY STANDARDS FOR RESIDENTIAL UNITS OWNED BY THE REDEVELOPMENT AGENCY AND OPERATED BY THE HOUSING AUTHORITY THROUGH ITS LOW AND MODERATE INCOME HOUSING PROGRAM (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Mr. Ortega noted the staff report in the packets. Vice Chairman Spiegel moved to waive further reading and adopt: 1) Redevelopment Agency Resolution No. 484 , approving the occupancy standards for residential units owned by the Agency through its Low and Moderate Income Housing Program; 2) Housing Authority Resolution No. HA-22, approving the occupancy standards for residential units operated by the Authority on behalf of the Palm Desert Redevelopment Agency through its Low and Moderate Income Housing Program. Motion was seconded by Kelly and carried by a 4-0 vote, with Member Ferguson ABSENT. C. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY AT 75-436 WILDFLOWER LANE (APN 634-061-009-1). 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 Executive Director to execute any documents necessary to facilitate this acquisition — funds are available in the Acquisition, Rehab, Resale Budget. Motion was seconded by Crites and carried by a 4-0 vote, with Member Ferguson ABSENT. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 D. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR THE WARNER TRAIL STORM DRAIN IMPROVEMENTS (CONTRACT NO. R22040, PROJECT NO. 510-04). Mr. Ortega stated that the Agency had previously authorized payment for these improvements, and this was the follow-up of that item. He offered to answer any questions. Upon question by Vice Chairman Spiegel, he responded that the funds would come from Project Area No. 4 Capital Project funds. Mr. Yrigoyen added that this was discussed in the Project Area No. 4 Committee as a priority. Upon question by Vice Chairman Spiegel relative to whether there will be funds left to underground utilities after this payment, Mr. Yrigoyen responded that staff was looking at doing the engineering services now and would look at what the amount will be; from there, staff will try and reconcile what money is available. Vice Chairman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Willdan, Foothill Ranch, California, in the amount of $185,602 for the professional engineering and design services for the Warner Trail Storm Drain Improvements and authorize the Chairman to execute same; 2) authorize the Finance Director to set aside the amount of $18,560.20 as a 10% contingency (use of contingency requires additional action); 3) appropriate Unobligated Project Area No. 4 Capital Project funds in the amount of $204,162.20 to Account No. 854-4195-466-3092. Motion was seconded by Kelly and carried by a 4-0 vote, with Member Ferguson ABSENT. E. REQUEST FOR APPROVAL OF PUBLIC PARKING SUBLEASE AGREEMENT WITH THE LIVING DESERT RESERVE (CONTRACT NO. R22050). Member Crites noted that the requirement for the City of Indian Wells to participate in the project was something the City of Palm Desert really did not wish to do, and that should be removed from the agreement. In addition, he said in discussing this with the Executive Director of The Living Desert, he noted their spirit of cooperation and willingness to work on an access trail should one be deemed to be necessary, while noting that the cost of construction of such a trail was not the responsibility of The Living Desert, nor is it their responsibility for anything that might be necessary for said construction, such as fencing. Member Crites moved to, by Minute Motion, approve the form of the attached sublease agreement with The Living Desert Reserve to provide public parking facilities in consideration of payments totaling $1,250,000, with the following amendments: 1) Removing the requirement for the City of Indian Wells to participate in the project; 2) that The Living Desert agrees to work together with the Agency on an access trail should one 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 be deemed necessary, noting that the cost of construction and anything related thereto (e.g. fencing) is not the responsibility of The Living Desert. Motion was seconded by — Spiegel and carried by a 4-0 vote, with Member Ferguson ABSENT. X. CONTINUED BUSINESS A. RESOLUTION NO. 474 — A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING A PROGRAM TO DISSEMINATE REDEVELOPMENT INFORMATION, INCLUDING THE ACQUISITION OF ALTERNATIVE FUEL VEHICLES TO ACCOMPLISH SAME (Continued from the meetings of August 28, September 25, and October 9, 2003). Member Crites moved to waive further reading and adopt Resolution No. 474. Motion was seconded by Benson. Member Kelly proposed that Redevelopment funds also be used for the Shopper Hopper since they are being used for other vehicles. Chairman Benson called for the vote, and the motion carried by a 3-1 vote, with Member Kelly voting NO and Member Ferguson ABSENT. B. REQUEST FOR APPROVAL OF THE EL PASEO COURTESY SHUTTLE — (EPCS) PROGRAM, INCLUDING APPROPRIATION OF FUNDING AND CONTRACTS (Continued from the meetings of August 28, September 25, and October 9, 2003). Member Crites asked staff to respond to Member Kelly's suggestion to use Redevelopment funds for the Shopper Hopper. He asked whether the only reason Redevelopment monies could not be used for the Shopper Hopper was the fact that there is a place where the Shopper Hopper stops. Mr. McCarthy stated that this had been discussed very thoroughly with Agency Counsel. One of the issues with the Shopper Hopper was that it basically acts as being a municipal transit system. He said there was a clear record of it being a General Fund item; changing the manner of its stops would do little to change the record with respect to how it has been funded in the past, and it would be deemed a maintenance of effort if we tried to use Redevelopment funds for it. Staff felt there was a significant distinction between the two programs and would like to maintain a clear line between them for funding purposes. Based on advice of Counsel, staff recommended not using Redevelopment money for the Shopper Hopper. He said staff had tried to structure the El Paseo Shuttle program to pass muster with respect to the use of Redevelopment funds. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 Member Kelly noted that there would be a new program to have a shuttle in the North Sphere, and he asked if that could be funded with Redevelopment funds. Mr. McCarthy stated that issue had been discussed with Counsel as well and the fact was that the Shopper Hopper does act like a transit system. He said it was on a defined route, and it would be on a defined route in the North Sphere. Counsel recommended staying away from using Agency funds for that purpose. Member Crites suggested scheduling a meeting with Agency Counsel and staff and Member Kelly to look at specifics of his request regarding a potential new unscheduled route that might stop at a variety of places that house large numbers of people on a temporary basis. Vice Chairman Spiegel noted Attachment C to the staff report relative to cost comparisons and stated that it indicated $200,000 for operation of the Shopper Hopper for one year. He asked whether this was for one vehicle or two. Business Support Manager Ruth Ann Moore indicated this was for two operators from November to May and one operator from June to October. The prices for the Courtesy Cart was also for two operators from November to May and one operator from June to October. She added that the City would still have to pay for the purchase of the carts, which would be approximately $30,000 each. She said staffs recommendation was to stay with five days a week operation. Member Crites asked whether it would take two weeks for staff to negotiate a contract if the Board approved this matter today, and Ms. Moore said she did not believe it would take that long. Chairman Benson stated she said a golf cart would never be a complete waste because it could be used for other purposes if this program did not work out. She suggested going forward to see how this program will work. The Agency Board would not necessarily have to renew it after the first year. She said she felt it was worth trying to see if will work, and she felt people would ride it. Member Crites moved to, by Minute Motion: 1) Make a finding that no bids were received for the design -build of the courtesy carts; 2) authorize staff to negotiate a procurement contract (Contract No. R21790) with Western Golf Car Manufacturing, Inc., Desert Hot Springs, California, in an amount not to exceed $60,000 for the provision of two 8-passenger Neighborhood Electric Vehicles (NEVs) for use in the proposed new El Paseo Courtesy Cart Service Program; 3) authorize staff to negotiate a service contract (Contract No. R21800) with Rite Rate Business Solutions, Palm Desert, California, in an amount not 8 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 to exceed $84,000 for operation of the El Paseo Courtesy Cart Service for a 12-month period to commence upon delivery of the new NEVs provided under Contract No. R21790; — 4) authorize the Finance Director to set aside the total amount of $14,400 as a 10% contingency for the vehicles and operation ($6,000 for Contract No. R21790; $8,400 for Contract No. R21800) (use of contingency requires additional action) — funds are available in Account No. 850-4416-414-3681; 5) authorize staff to solicit bids for construction of a storage area for the vehicles (Contract No. R21810); 6) appropriate $199,000 from Redevelopment Agency Account No. 850-4416-414-3681 for capital, marketing, and contract service expenditures associated with the program; 7) authorize the Chairman to execute said contracts. Motion was seconded by Benson. With a 2-2 vote (Member Crites and Chairman Benson voting AYE, Member Kelly and Vice Chairman Spiegel voting NO, Member Ferguson ABSENT), no action was taken on this item. Member Crites stated he suspected at the next meeting the Agency Board will approve this matter, and he asked what happens halfway through the year if it is found that the use of these vehicles has made the use of the Shopper Hopper even lower on El Paseo. He asked if halfway through the year just one would be used for hotel runs. Mr. McCarthy responded that if an adjustment is necessary, it would be done at the discretion of the Agency Board/City Council. However, he said staff saw these programs and their functions in the City to be mutually exclusive. It was anticipated that people using the courtesy shuttle woukj want to go short distances or to their vehicles, for example, and that was not a function the Shopper Hopper would provide. He said he would be surprised to see an impact attributable to the shuttle in terms of lowering the ridership on the Shopper Hopper. Member Crites said if that was the case, he did not really feel it would be necessary to have the Shopper Hopper go up and down El Paseo, and it should be used to get people to El Paseo and off of El Paseo and to do the loop of other shopping centers. Mr. McCarthy said that might make sense in terms of possibly reducing the number of stops on El Paseo, with El Paseo/The Gardens being the "destination" and letting the El Paseo shuttle move people around on El Paseo. Ms. Moore stated that the City would have the discretion to change the stops, although she felt it would be necessary to announce it to the public since it is a published route. Prior to the close this meeting, it was decided to adjourn to Tuesday, October 28, at 4:30 p.m. for the purpose of discussing this matter. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 C. REQUEST FOR RATIFICATION OF CONTRACT AMENDMENT NO. 4 TO CONTRACT NO. R19970 FOR SITE MASTER PLANNING SERVICES FOR THE ENTRADA DEL PASEO DEVELOPMENT (Continued from the meeting of October 9, 2003). Vice Chairman Spiegel moved to, by Minute Motion, ratify Contract Amendment No. 4 in the amount of $10,000 to the subject contract with Interactive Design Corporation, Palm Springs, California, for additional site master planning services for the Entrada del Paseo project — funds for this purpose are available in the current fiscal year Capital Budget (Fund 850-4358-433-4001, Entrada del Paseo). Motion was seconded by Kelly and carried by a 4-0 vote, with Member Ferguson ABSENT. XI. OLD BUSINESS None XII. PUBLIC HEARINGS None 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 10 MINUTES i PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 23, 2003 XIV. ADJOURNMENT — Member Crites moved to adjourn the meeting at 6:01 p.m. to 4:30 p.m. on Tuesday, October 28, 2003, for a Joint Meeting of the City Council and Redevelopment Agency. Motion was seconded by Benson and carried by a 4-0 vote, with Member Ferguson ABSENT. Aak--10k Lf7s-t, N M. BENSON, CHAIRMAN ATTEST: S RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY