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Home My WebLink About2009-07-09MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, JULY 9, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Vice Chairman Finerty convened the meeting at 3:00 p.m. II. ROLL CALL Present: Member Jean M. Benson Member Jim Ferguson Member Richard S. Kelly Vice Chairman Cindy Finerty Excused Absence: Chairman Robert A. Spiegel r Also Present: John M. Wohlmuth, City Manager/RDA Executive Director Stephen P. Deitsch, Assistant 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 Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Frankie Riddle, Director of Special Programs J. Luis Espinoza, Assistant Finance Director Dorian Cooley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Steve Brooker, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Robert Perdue, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 9, 2009 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 627-071-013 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David and Agnes Holtz Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-074-006 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Timothy R. Palmer Under Negotiation: x Price x Terms of Payment 3) Property: APNs 694-300-008 and 694-300-009 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Jewish Federation of Palm Springs and Desert Under Negotiation: x Price x Terms of Payment 4) Property: APNs 627-262-008 and -011 Negotiating Parties: Agency: Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Larkspur Associates LLC Under Negotiation: x Price x Terms of Payment On a motion by Ferguson, second by Benson, and 4-0 vote of the Agency Board, with Spiegel ABSENT, Vice Chairman Finerty adjourned the meeting to Closed Session at 3:02 p.m. She reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Deitsch reported that the City Council and Redevelopment Agency met in Closed Session starting at 3:00 p.m. to consider Property Negotiation Item Nos. 1, 2, and 4, and two (2) pending litigation matters on the agenda, with Property Item No. 3 being continued to a continued Closed Session to take place after the open session this afternoon. No reportable action was taken on the aforementioned items that were considered in the first portion of Closed Session. 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 9, 2009 V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meeting of June 25, 2009, and the Adjourned RegularJoint Meeting of the City Council, Redevelopment Agency, and Housing Authority of June 18, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 285RDA, 287RDA, 289RDA, 293RDA, 296RDA, 286-Housing, 290-Housing, 294-Housing, 297-Housing, and 298HA. Rec: Approve as presented. C. CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA #4 Minutes of the Meeting of April 20, 2009. Rec: Receive and file. Upon a motion by Ferguson, second by Kelly, and 4-0 vote of the Agency Board, with Spiegel ABSENT, the Consent Calendar was approved as presented. VI1. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 9, 2009 IX. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS, ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM FOR THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, PALM DESERT HOUSING AUTHORITY, AND PALM DESERT FINANCING AUTHORITY (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL, PALM DESERT HOUSING AUTHORITY, AND PALM DESERT FINANCING AUTHORITY). Mr. Espinoza explained the City had a set of guidelines it had to set up to protect the borrower and prevent people from getting social security numbers, addresses, and so forth; specifically borrowers in the Energy Independence Program (EIP) and Home Improvement Program (HIP). Staff will go through the Audit, Investment and Finance Committee to set up the guidelines and distribute them to the appropriate staff. He confirmed the recommendation was supported by the Finance Committee. Councilman/Member/Commissioner Kelly moved to waive further reading and adopt the following Resolutions, relative to an Identity Theft Prevention Program for each entity, respectively: 1) City Council Resolution No. 09-58; 2) Redevelopment Agency Resolution No. 561; 3) Housing Authority Resolution No. HA-41; 4) Financing Authority Resolution No. FA-64. Motion was seconded by Benson and carried by a 4-0 vote, with Spiegel ABSENT. B. REQUEST FOR AUTHORIZATION OF A ONE-YEAR CONTRACT WITH RITE RATE BUSINESS SOLUTIONS FOR OPERATION OF THE EL PASEO COURTESY CART SERVICE (CONTRACT NO. R26892). Member Kelly moved to, by Minute Motion, authorize: 1) A one-year contract with Rite Rate Business Solutions, Palm Desert, California, in the amount of $198,000 for operation of the El Paseo Courtesy Cart Service commencing August 28, 2009, through July 4, 2010; 2) an additional $20,000 for preventative maintenance and repairs of the three carts; 3) the Chairman to execute said contract — funds are available in Account No. 850-4416-414-3681. Motion was seconded by Ferguson and carried by a 4-0 vote, with Spiegel ABSENT. C. REQUEST FOR AUTHORIZATION FOR THE ACQUISITION OF 75-434 WILDFLOWER LANE (APN 634-061-008) - DESERT ROSE, PALM DESERT. Member Ferguson moved to, by Minute Motion: 1) Authorize acquisition of the subject property for the purpose of retaining affordability covenants and resale, if necessary, in anticipation of the expiration of the 60-day Right of Refusal Period; 2) approve a Silent Second Trust Deed in an amount necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency sale; 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 9, 2009 3) authorize the Executive Director to execute any documents necessary to facilitate this transaction — funds are available in the Housing Set -aside Fund. Motion was seconded by Kelly and carried by a 4-0 vote, with Spiegel ABSENT. D. REQUEST FOR AUTHORIZATION FOR STAFF TO PROCEED WITH MODIFICATIONS TO THE EXISTING DESERT WILLOW GOLF RESORT PARKING LOT IN AN AMOUNT NOT TO EXCEED $50,000 (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Councilman/Member Ferguson asked if anything was being done about the adjacent temporary parking lot or if this item was for improvements only. Councilman/Member Kelly said he spoke with Redevelopment Agency staff about it, and he was assured work would move ahead with the temporary parking area while it was installing the driveway. Councilman/Member Kelly moved to, by Minute Motion, authorize: 1) Staff to proceed with the modifications to the existing Desert Willow Golf Resort Parking Lot; 2) Director of Finance to appropriate funds in an amount not to exceed $50,000 from Unobligated Project Area No. 2 Funds for this purpose, with the condition that the appropriate steps are being taken to also improve the temporary parking area at Desert Willow. Motion was seconded by Ferguson and carried by a 4-0 vote, with Spiegel ABSENT. X. CONTINUED BUSINESS None XI. OLD BUSINESS A. REQUEST FOR ACCEPTANCE OF LEGAL SERVICES SELECTION COMMITTEE'S RECOMMENDATION FOR CITY ATTORNEY AND REDEVELOPMENT AGENCY COUNSEL SERVICES (CONTRACT NO. C28880) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Councilman/Member Ferguson stated that in the absence of Mayor/Chairman Spiegel, he felt obliged to provide a report on behalf of the two Council representatives. He said a total of eleven applications were received, and the Committee consisting of himself, the Mayor, City Manager, Retired Judge, and former CEO with the County of Riverside, narrowed the selection down to the three most qualified. The Committee interviewed all three firms on the same day and returned the following day to take a vote. The Committee voted unanimously to keep things the same. He said it may appear like a waste of time, but it was reaffirming to know the fees were 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 9, 2009 market -rate, and the City was paying a fair amount. In his opinion, Palm Desert had two of the best municipal law firms available today. He said some things were cleaned up, which he wouldn't go into, but he felt much better going forward. He said Palm Desert was fortunate to have had two firms that served the City well for 30+ years. Councilman/Member Ferguson moved to, by Minute Motion: 1) Approve the Legal Services Selection Committee's recommendation to retain Mr. David Erwin of Best, Best & Krieger as City Attorney and William Strausz of Richards, Watson & Gershon as Redevelopment Agency Counsel; 2) authorize the City Manager/RDA Executive Director to negotiate the Legal Services Contracts and return to the City Council/Redevelopment Agency Board in August for approval. Motion was seconded by Kelly. Councilman/Member Kelly thanked the Committee for all the time spent in the selection process. Mayor Pro TemNice Chairman Finerty called for the vote and it carried by a 4-0 vote, with Spiegel ABSENT. XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Wohlmuth publicly thanked Senior Management Analyst Pat Scully for coordinating the City of Palm Desert's Independence Day Celebration and Fireworks Event on Saturday. He said she'd done a wonderful job this year, particularly because she was not given as much planning time this year as in the past, but it still turned out to be one of the best. He also extended great appreciation to the City's Public Works and Parks Crews for the fabulous effort they extended to make the event very successful. B. AGENCY COUNSEL None 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 9, 2009 C. CHAIRMAN AND MEMBERS OF THE AGENCY Member Kelly commented that now that Eisenhower Medical Center had closed its therapy pool, he hoped that the City of Palm Desert was moving ahead with plans for a pool complex. Member Ferguson concurred, noting that he'd gotten a flier from the YMCA announcing free swim lessons for kids in Desert Hot Springs, Palm Springs, and La Quinta, with none offered in Palm Desert. XIV. ADJOURNMENT Upon _a motion by Ferguson, second by Kelly, and 4-0 vote of the Agency Board, with Spiegel ABSENT, Vice Chairman Finerty adjourned the meeting to Closed Session at5:25 p:m. She reconvened the meeting at 5:41 p.m. Mr. Deitsch reported that the City Council and Redevelopment Agency convened in a continued Closed Session moments ago and concluded same, after discussing Property Negotiation Item No. 3 on the Posted Agenda under Closed Session; no reportable action was taken on it. Additionally, the City Council completed its discussion of anticipated litigation as listed on the Posted Agenda under Closed Session, and no reportable action was taken on those items. On a motion by Benson, second by Kelly, and 3-0 vote of the Agency Board, with Ferguson and Spiegel ABSENT, Vice Chairman Finerty adjourned the meeting at 5:44 p.m. ATTEST: LLE . KLASSEN'SECRETARY' PALM DESERT REDEVELOPMENT AGENCY CINDY FI ('TY, VICE HAIRMAN 7