Loading...
HomeMy WebLinkAbout2006-12-14MINUTES ____ REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, DECEMBER 14, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Ferguson convened the meeting at 3:01 p.m. II. ROLL CALL Present: Member Jean M. Benson Member -elect Cindy Finerty Vice Chairman Richard S. Kelly Member Robert A. Spiegel Chairman 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Patrick Conlon, Director of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Doug Van Gelder, Director of Information Systems Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Jorge Rodriguez, Fire Marshal/Battalion Chief, Palm Desert Fire Dept./Riv. Co. Fire Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 2006 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 620-400-025; 620-400-003; 620-420-010 Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Michael Mahoney/Triyar Hospitality LLC Under Negotiation: x Price x Terms of Payment 2) Property: APNs 620-420-001/002/003/004/005/006/007/008 Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/ Palm Desert Redevelopment Agency Property Owner: Jorge Boon/WC Rancho Mirage, Inc. Under Negotiation: x Price x Terms of Payment Upon a motion by Spiegel, second by Kelly, and 4-0 vote of the Agency Board, Chairman Ferguson adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:01 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Chairman Jim Ferguson VII. INVOCATION - Vice Chairman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. ROB BALLEW, Chairman of the 2007 Palm Desert Golf Cart Parade, addressed the Agency Board/City Council to present posters for the upcoming event on Sunday, January 14, noting that additional activities were planned this year — a golf cart show and a golf cart agility competition. Additionally, there would be entertainment provided and special activities for the kids scheduled around the Parade, which kicks off at 1:00 p.m. Speaking as CEO/Executive Director of the Family YMCA of the Desert, he related that earlier this week he had participated in an event for kids at the City's Desert Willow Golf Course, which was a wonderful event at a terrific facility. He also commended the Agency Board/City Council for installing the disc golf course at the Palm Desert Soccer Park, which was a great addition to the City's recreation facilities. 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 2006 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS With Agency Board concurrence, Chairman Ferguson suspended the Agenda at this point in order to take up City Council Agenda Section X - New Business Items A and B - Declaration of the 2006 General and Special Municipal Elections and the Annual Mayoral Rotation. Please see those Minutes for resulting discussion and action. With Agency Board concurrence, a recess was observed from 4:20 p.m. to 4:31 p.m. Note: Upon retuming to the regular Redevelopment Agency Meeting Agenda, Mayor Pro TemNice Chairman Kelly had been appointed Mayor/Chairman for the coming year, and Member/Councilmember Benson had been appointed to serve as Mayor Pro TemNice Chairman. A. PRESENTATION TO RECOGNIZE JIM WEST FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS HISTORIC PRESERVATION COMMITTEE. On behalf of the City Council, Chairman/Mayor Kelly presented an engraved crystal clock to Historic Preservation Committee Chairman Kent Routh on behalf of Mr. West, who was unable to be present. Chairman/Mayor Kelly noted that Mr. West's contributions had been invaluable since the Committee was activated in 2004. B. PRESENTATION TO RECOGNIZE PATRICIA BANNON, DONNA JEAN DARBY, WILLIAM HARRIS, ROLF HOEHN, JOHN MARMAN, NANCY JO McINTOSH, ROSE MARY ORTEGA, MARK TALBOYS, FRANK VILLAR, GARY WALKER, AND JEAN WHITNEY FOR THEIR SERVICE TO THE CITY OF PALM DESERT AND ITS SISTER CITIES COMMITTEE. On behalf of the City Council, Chairman/Mayor Kelly presented engraved crystal clocks to Patricia Bannon, William Hams, Rolf Hoehn, John Marman, Nancy Jo McIntosh, and Mark Talboys; Donna Jean Darby, Rose Mary Ortega, Frank Villar, Gary Walker, and Jean Whitney were unable to be present forthe recognition. Chairman/Mayor Kelly commended the group for their service and for becoming their own entity, the Palm Desert Sister Cities Foundation. He noted that small efforts, such as the Sister Cities Program, provided valuable outreach that resulted in large benefits. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 2006 C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — NOVEMBER 2006. Chairman/Mayor Kelly and Mr. Ortega presented a printed certificate and $100 gift certificate each to Janet Moore, Jessica Gonzales, Patty Leon, and Missy Wightman, honoring their exemplary service. X. CONSENT CALENDAR A. MINUTES of the Adjourned Regular Redevelopment Agency Meeting of November 16, and the Regular Redevelopment Agency Meeting of November 23, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 9ORDA, 92RDA, 96RDA, 99RDA, 102RDA, 106RDA, 109RDA, 114RDA, 93-Housing, 97-Housing, 99-Housing, 103-Housing, 107-Housing, 110-Housing, 115-Housing, 94HA, 104HA, 111 HA, and 116HA. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS AND INVESTMENT REPORT for October 2006 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. D. REQUEST FOR APPROVAL of a License Agreement Between Palm Desert Redevelopment Agency and The Marrakesh Country Club to Provide for Maintenance of 1.88 Acres of Agency Property (Contract No. R26060). Rec: By Minute Motion, approve the subject agreement and authorize the Executive Director to execute same. E. REQUEST FOR APPROVAL of the First Amendment to Lease for the Jean M. Benson Child Care Center (Contract No. R11812). Rec: By Minute Motion, authorize: 1) First Amendment, a 30-day extension, to the subject Lease with The Family YMCA for the Jean M. Benson Child Care Center; 2) Chairman to execute same. 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 2006 F REQUEST FOR RATIFICATION of Amendment No. 1 to Contract No. R22600C — Professional Services for Testing and Inspection for Construction of the Henderson Community Building. Rec: By Minute Motion, ratify Amendment No. 1 in the amount of $1,086 to the subject contract with Earth Systems Southwest, Bermuda Dunes, California, and authorize the Chairman to execute same — funds are available in Account No. 850-4358-433-4001. G. REQUEST FOR APPROVAL of Amendment No. 6 to Contract No. R22730 — Engineering Services for Falcon Crest/La Rocca Villas (Merle Drive/42nd Avenue). Rec: By Minute Motion: 1) Authorize Amendment No. 6 in an amount not to exceed $43,000 for professional services and not to exceed $2,000 for reimbursables to the subject contract with MSA Consulting, Rancho Mirage, California, for revisions to the rough grading, street and storm drain, water and sewer plans to accommodate the street tree layout; for the production of engineering and construction documents for the removal and replacement of deteriorated CVWD irrigation line, and the design and engineering of a temporary access road; 2) authorize the Chairman to execute said Amendment — funds are available in Account No. 870-4698-466-4001. H. REQUEST FOR RATIFICATION of Amendment No. 1 to Contract No. R25620 — Professional Services for Landscape Design of the Site Surrounding the Future La Spiga Restaurant. Rec: By Minute Motion, ratify Amendment No. 1 in the amount of $13,295 to the subject contract with Randy Pumel Landscape Architects, Rancho Mirage, California, for additional landscape design services — funds are available in Account No. 850-4358-433-4001. I. REQUEST FOR RATIFICATION of the Executive Director's Approval of the Construction and Conveyance of an Extension of the Commercial Domestic Water and Sanitation Systems at Entrada del Paseo to the Coachella Valley Water District (CVWD) (Contract No. R25610A). Rec: By Minute Motion, ratify the Executive Director's approval of the subject agreement with CVWD. 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 2006 J. REQUEST FOR RATIFICATION of the Revision of Dates Established Through Agency Board Action in the Third Amendment to Owner Participation Agreement with American Investment Palms to Pines East, LLC (Contract No. R19820A). Rec: By Minute Motion, authorize: 1) Ratification of the revision to dates established through Agency Board action in the subject Third Amendment to the Owner Participation Agreement; 2) authorize the Chairman to execute same. Upon motion by Benson, second by Ferguson, the Consent Calendar was approved as presented by a 5-0 vote of the Agency Board. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE 2007 MASTER CONSULTANTS LIST (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL AND THE PALM DESERT HOUSING AUTHORITY). Redevelopment Manager Lauri Aylaian stated that two consultants' names were inadvertently left off the list that was presented in the Agency Board packets. She asked for approval of the revised list, adding that it had been provided to the City Clerk. Member/Councilman Spiegel moved to, by Minute Motion, approve the revised 2007 Master Consultants List, authorize staff to negotiate agreements and contract amendments with qualified consultants listed therein, the City Manager/Executive Director to execute same; and approve the proceedings for selection and award of contracts as set forth in the accompanying staff report as authorized by Section 3.32.090 of the Palm Desert Municipal Code. Motion was seconded by Ferguson and carried by a 5-0 vote. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 2006 XIV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. R25410A FOR REDEVELOPMENT CONSULTING SERVICES (Continued from the meeting of November 16, 2006). Mr. McCarthy requested consideration of this item be continued to a date uncertain. Member Spiegel moved to, by Minute Motion continue this matter to a date uncertain. Motion was seconded by Ferguson and carried by a 5-0 vote. XV. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 5 TO CONTRACT NO. R21780 — CONSTRUCTION OF THE PALM VILLAGE APARTMENTS. Member Ferguson moved to, by Minute Motion: 1) Approve Change Order No. 5 in the amount of $209,912 and 21 additional work days to the subject contract with Taylor Frager, Inc., Temecula, Califomia; 2) authorize the Director of Finance to transfer $152,989.80 from contingency (Account No. 870-4349-433-4001) to base for the subject — Change Order; 3) authorize appropriation of $56,922.20 from the Agency's Unobligated Funds. Member Spiegel asked if the matter was related to previous contractor not doing the work properly or because the contractor abandoned the project. Project Administrator Bryce Lynn White replied those were not the reasons for the change order. He said the company's corporate structure had changed; the whole purpose of the change order was for extension of workdays previously authorized. Member Spiegel asked if that meant the City would lose $209,912 or it be taken from the previous contractor's contract. Mr. White explained this item had no effect on any other action and the change order was for work previously authorized and completed. Chairman Kelly remarked the City was only going to pay those people that should be paid. Mr. White agreed. Member Spiegel asked if the City was adding $209,912 to what was originally approved. 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 2006 Mr. White said it was and that it was also for extending conditions on time previously approved by Agency Board action on four previous change orders. Member Ferguson commented the contingency account was set aside for that specific purpose. Mr. White agreed, adding that the majority of the funds requested were available in the contingency fund. Member Spiegel seconded the motion and it carried by a 5-0 vote. XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF ACTIONS, INCLUDING MAKING FINDINGS, APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS, AND ACKNOWLEDGING A FINDING OF SIGNIFICANT BENEFIT IN CONNECTION WITH THE ISSUANCE, SALE, AND DELIVERY OF THE PALM DESERT FINANCING AUTHORITY'S TAX ALLOCATION (HOUSING SET -ASIDE) REFUNDING REVENUE BONDS, SERIES 2007, AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL AND THE PALM DESERT FINANCING AUTHORITY). Mr. Ortega referred to staff report and stated Bond Counsel, City and Agency staff, and the Financial Consultant were available to answer questions. The Agency was requesting authority for the issuance of bonds composed of two components: new money and refunding of small bonds. In answer to question, if it was for low and moderate housing, he said it was. Mayor Kelly declared the public hearing open and invited anyone who wished to come forward to speak on the subject to do so at this time. With no testimony offered, he declared the public hearing closed. Member/Councilman Spiegel moved to, by Minute Motion, waive further reading and adopt: 1) City Council Resolution No. 06-155, making a finding of significant public benefit and other findings in connection with the issuance and sale of the Palm Desert Financing Authority Tax Allocation (Housing Set -Aside) Refunding Revenue Bonds, Series 2007 (the "Bonds"); 2) Financing Authority Resolution No. FA-60, acknowledging finding of significant public benefit in connection with the issuance and sale of the Bonds, approving of the issuance, sale, and delivery of the Bonds, and authorizing the execution and delivery of documents relating to the Bonds; 3) Redevelopment Agency Resolution No. 536, approving and authorizing the execution and delivery of documents relating to the Bonds. Motion was seconded by Ferguson and carried by a 5-0 vote. 8 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 14, 2006 XVII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY 1. Vice Chairman Benson reported that Family YMCA of the Desert CEO/Executive Director Rob Ballew had provided her a copy of a letter, stating that Mr. Loren Bloch of Community Dynamics, who is developing the Falcon Crest and La Rocca Villas project near Hovley Lane, had made a $10,000 donation to the Family YMCA of the Desert Jean M. Benson Child Care Center for scholarships for children of low-income families. She expressed her deep personal appreciation for this generous donation for child care, showing how much Mr. Bloch is dedicated to providing the best possible service to the City of Palm Desert. Chairman Kelly suggested Mr. Bloch be specifically recognized at the next City Council Meeting. Vice Chairman Benson agreed wholeheartedly. XVIII. ADJOURNMENT With Agency Board concurrence, Chairman Kell adjourned the meeting at 7:15 p.m. FQICHARD S. KELLY, QiAIRMAN ATTEST: 4- RA HELLE D. kSSEtII, SECRETAR PALM DESERT REDEVELOPMENT AGENCY