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HomeMy WebLinkAbout2007-04-26MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, APRIL 26, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Kelly convened the meeting at 3:02 p.m. II. ROLL CALL Present: Vice Chairman Jean M. Benson Member Jim Ferguson arrived at 3:10 p.m. Member Cindy Finerty Member Robert A. Spiegel Chairman Richard S. Kelly 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 Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 26, 2007 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 42-455 Washington Street (APN 637-071-002) Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Casey Lucas Under Negotiation: x Price x Terms of Payment With Agency Board concurrence, Chairman Kelly adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:02 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 Redevelopment Agency Meeting of April 12, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 205RDA, 207RDA, 205-Housing, 208-Housing, and 209HA. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS AND INVESTMENT REPORT for February 2007 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 26, 2007 D. REQUEST FOR APPROVAL of Amendment No. 1 to Contract No. R25410C — Redevelopment Financial Consulting Services for FY 2006/07. Rec: By Minute Motion, approve Amendment No. 1 in an amount not to exceed $10,000 to the subject contract with Real Estate Analysis Services Co. (REASCO), Palm Desert, California. E. REQUEST FOR APPROVAL of Amendment No. 2 to Contract No. R25620 — Professional Landscape Design Services for Site Surrounding the Future La Spiga Restaurant at Entrada del Paseo. Rec: By Minute Motion, approve Amendment No. 2 in the amount of $1,000 to the subject contract with Randy Purnel Landscape Architects, Rancho Mirage, California, for reimbursable expenses related to the subject services — funds are available in Account No. 850-4358-433-4001. Upon motion by Spiegel, second by Ferguson, the Consent Calendar was approved as presented by a 5-0 vote of the Agency Board. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. NEW BUSINESS Upon a motion by Finerty, second by Spiegel, and 5-0 vote of the Agency Board, the following item was added to the agenda. A. REQUEST FOR RATIFICATION OF SOLE SOURCE BID FOR EMERGENCY DEMOLITION AND CLEARING OF THE 2.6-ACRE PROPERTY LOCATED AT 42-615 DUDLEY STREET, PALM DESERT, CALIFORNIA, FOR PUBLIC HEALTH AND SAFETY (CONTRACT NO. R26450). Member Ferguson asked why a sole source bid was done in the amount of $92,000. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 26, 2007 Mr. Yrigoyen replied that as an emergency item, staff went out to one contractor to begin to take care of the house and pool issues. He said the bid was reviewed by both Public Works and Building & Safety and found to be appropriate and justified. He said it was important to demo the pool and house, because the pool was being used as a skateboard ramp. Member Ferguson said comments had been made to him that Council played fast and loose with the term "Emergency." He said there were legal definitions of what is considered an emergency, not what Council thought would be expedient. He asked Mr. Yrigoyen if this situation was a valid emergency. Mr. Yrigoyen replied it was because the house had been boarded up, only to find it open the next day with people sleeping inside, taking showers, and using the pool as a skatepark. People in the surrounding area had started complaining, and Code Enforcement was requesting that the Agency do something about it. Responding to further questions, he said the property was owned by the Redevelopment Agency and was located next to Casey's. He said the house couldn't be seen, because it was hidden behind all the Tamarisk trees, but the noise from the kids playing there could be heard. Mr. McCarthy added that part of the urgency consideration was also that he's been in similar situations where property was acquired by an agency, people began living there and cooking, set fire and killed themselves. He's seen that happen in a number of jurisdictions; it was unfortunate, but these types of things did happen. In response to question, Senior Management Analyst Catherine Walker replied the property was purchased in December 2006. However, in the recent past three weeks, it seemed the vacant property was discovered. Upon further comment, Ms. Walker explained the property was used by the Sheriffs SWAT team as a training facility; there was a four -week lag time to accommodate their training and use of the property. Member Finerty asked if demolishing the property was the overall intent when it was purchased. Mr. Yrigoyen replied it was, but as noted by Ms. Walker, the Sheriff's Department used it. The Fire Department was also going to use it as a burn to demolish the house but later opted not to. Upon further question, he said the property will be used for a low -moderate income housing project. Member Ferguson stated his two concerns were with running afoul of two _ provisions of California Law. First was the Ralph M. Brown Act, because the MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 26, 2007 work had been done, and if the contractor didn't get paid, the City could get sued. Mr. Yrigoyen clarified the work had not been done yet. Member Ferguson said that was good to hear. The second concern was the Government Contracting Code. He noted earlier this evening a low bidder was rejected because he forgot to include the face sheet to the bid, in strict adherence to that code. He felt in this instance, it was like getting someone from Indio under the excuse that it's an emergency; some would claim it was convenient. He requested the City Attorney provide Senior Executive Management and Council the legal definition of what an emergency was to sufficiently justify side-stepping the Brown Act and taking action such as this one. Mr. Erwin stated the Brown Act required actions be done at a public meeting. It allowed for items to be added to the Agenda, if Council determined in their discretion it was an emergency and needed to be dealt with prior to the next regular meeting. He said he didn't have the case law with him to refer to but recalled that an emergency required urgent action where there was a potential risk of liability to persons in the community, or a risk of liability to the City for not taking action, or for delaying action. Upon further question, he agreed to provide a written definition of an emergency along with similar court cases where it was felt to be an emergency and the Court determined it was not. Member Ferguson asked if the building could be secured long enough to go out bid. Mr. Yrigoyen said every attempt had been made by staff. The building had a fence around it, a lock, and boards. Responding to question regarding the pool, he said the pool had not been covered. The recommendation from Code Enforcement Department was to put dirt in the pool, but it's not been done yet. Mr. McCarthy said if the Agency Board would like, security could be added, but it would be expensive. Responding to question, Lt. Frank Taylor replied he was aware of the situation and the building was on extra patrol for some time, but it appeared the fences had been kicked down to get in, especially to use the pool. 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 26, 2007 Vice Chairman Benson stated people from the adjacent apartments knew the building was empty and would continue to find a way in. She suggested getting rid of the problem before it cost more money. Vice Chairman Benson moved to, by Minute Motion: 1) Ratify Bid Proposal by Demo Unlimited, Inc., Indio, California, authorized by the Executive Director for demolition services at 42-615 Dudley Street, Palm Desert, in the amount of $92,500 — funds are available in Account No. 870-4495-464-4001; 2) authorize the Chairman to execute same. Motion was seconded by Spiegel. Responding to question, Mr. Erwin confirmed he was satisfied the situation constituted a valid emergency. Chairman Kelly called for the vote, and the motion carried by a 5-0 vote. X. CONTINUED BUSINESS None 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 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING APRIL 26, 2007 XIV. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the Agency Board, Chairman Kelly adjourned the meeting at 5:13 p.m. ATTEST: ,---r—.--) RACIgLLED. SS SE RETARY PALM DESERT REDEVELOPMENT AGENCY I( a RD S. KELLY, CHAIRM 7