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HomeMy WebLinkAbout2015-02-26MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY THURSDAY, FEBRUARY 26, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chair Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present: Director Jan C. Harnik Director Sabby Jonathan Vice Chair Robert A. Spiegel Director Van G. Tanner Chair Susan Marie Weber Also Present: John M. Wohlmuth, Executive Director Robert W. Hargreaves, Assistant City Attorney William L. Strausz, Successor Agency Counsel Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, Secretary Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Martin Alvarez, Director of Economic Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bo Chen, City Engineer Stephen Y. Aryan, Risk Manager Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: FEBRUARY 26, 2015 Mr. Hargreaves announced there were two items of Closed Session business that had come up following posting of the agenda, and he asked for the City Council's/Successor Agency Board's consideration of adding them at this time by four -fifths vote. The first item was for both the City Council and Successor Agency's consideration, the second only for the Successor Agency, as follows: A. Conference with Legal Counsel regarding existing litigation pursuant to Govemment Code Section 54956.9(d)(1): 1) City of Palm Springs v. All Persons Interested, etc., et al., Riverside County Superior Court, Case No. INDIO 51124 2) Successor Agency to the Palm Desert Redevelopment Agency v. Cohen, et al., Sacramento County Superior Court, Case No. 34-2014-00167698 Mil rr MIN Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the Successor Agency Board (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the .r aforementioned two items of Existing Litigation were added to the agenda. With Successor Agency Board concurrence, Chair Weber adjourned the meeting to Closed Session at 3:03 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. Hargreaves reported that in the Closed Session just ended the Successor Agency Board directed Legal Counsel to dismiss the lawsuit, Successor Agency to the Palm Desert Redevelopment v. Cohen, et al., Sacramento County Superior Court, Case No. 34-2014-00167698 (Section III -Adjoum to Closed Session, Item A[2], above). V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 2 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING VI. CONSENT CALENDAR FEBRUARY 26, 2015 A. MINUTES of the February 12, 2015, Regular Meeting of the Board of Directors of the Successor Agency to the Palm Desert Redevelopment Agency. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY - Warrant Nos. 185SA and 191 SA. Rec: Approve as presented. Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the Board of Directors of the Successor Agency (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT TO SARGENT TOWN PLANNING IN THE AMOUNT OF $279,411 FOR PROFESSIONAL SERVICES TO PREPARE A SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT FOR THE 170-ACRE PARCEL OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE; AND APPROVE THE EXECUTION OF A REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND SUCCESSOR AGENCY FOR COSTS ASSOCIATED WITH THE PROFESSIONAL SERVICES AGREEMENT (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Ms. Aylaian stated the proposed items will accomplish three things: 1) Award of contract to Sargent Town Planning in the amount of $279,411; 2) appropriate the funds to pay for the contract, including a 10% contingency; 3) approve a Reimbursement Agreement between the Successor Agency and the City. To date, the Successor Agency has been approved for $100,000 in the current Recognized Obligation Payment Schedule (ROPS), which will go toward this 3 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 26, 2015 contract, and complete reimbursement to the City depended on the remaining amount being approved by the DOF in the next ROPS for July through December 2015. This contract is proposed because the City has to dispose assets owned by the former Redevelopment Agency, one of which is 170 acres of vacant land. It is of significance, in that it is completely undeveloped and it's also part of the "University Park Planning Area" where a different pattern of growth is envisioned. The land is large enough that if it were to be developed by responding to today's market conditions, it could be a bad decision, in consideration of the long-term development plan of the City. Staff would like to ensure that when developed, it's done properly and appropriately for its location near the University and future development of both Cal State and UCR campuses. It should be developed to reflect the future demographics and style that is supportive of the nearby campuses and that has walkable, compact resources nearby, such as retail for convenience, recognizing there is also the need for jobs in close proximity to the homes that are developed. Staff was afraid to sell these 170 acres to a single developer, because a developer alone will be driven by today's market conditions. While they might be giving favorable consideration to what is hot in the market now, such as senior homes for Canadian snow birds, it may not be the right long-term decision for the growth of the City. Therefore, staff would like to get an independent third party to address these concerns. A Request for Proposal (RFP) went out to 20 different firms, and it was publicly posted, and only two firms responded. One was Sargent Town Planning, stating the Council may already be familiar with the name, because they are working withRaimi + Associates on the Update of the General Plan, and the second firm was MSA Consulting, Inc., out of Rancho Mirage. Staff reviewed the qualifications of key personnel based upon similar studies they had done, the ability to make their work coincide with the General Plan Update, and price. The review was unanimous by staff on all points that Sargent Town Planning was the best qualified and the least expensive for performing the services. Therefore, staff recommended award of contract to Sargent Town Planning, noting their principal representative was in attendance and available to answer questions. Councilman/Director Jonathan stated he understood staff is asking for approval of a contract in the full amount of $279,000 plus the 10% contingency, yet there is only $100,000 available. He asked if the City would be bound for the full contract if the $179,000 application is not approved by the DOF. Ms. Aylaian answered yes, stating the funds would then need to come from the General Fund. Mr. Wohlmuth added there are two ways to pay for these professional services, one is through a Reimbursement Agreement that's placed on the ROPS, stating he could argue that when the property is sold, the proceeds of the sale ultimately went to the taxing entity with reimbursement to the City for the remainder of the contract. tree alit err 4 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 26, 2015 Councilman/Director Jonathan stated the City is hopeful the DOF approves the request, but if not, there are contingency plans to avoid taking funds out of the General Fund. Mr. Wohlmuth replied that was correct. Ms. Aylaian added this item was taken to the Oversight Board on Monday, and the Board was unanimously in favor, stating the Agency was on the receiving end of the revenue received from the sale of the property. She said the Oversight Board understood an entitled property with a specific plan, such as this one, is more valuable than an unentitled property. She hopes the Board also understood there are costs associated with preparing the specific plan and the Environmental Impact Report (EIR), noting they approved of the award of contract. Mr. Hargreaves stated typically these contracts allow the City to terminate with a 30-day notice with no further obligation, but in doing that, one didn't get the benefit of a completed project. Councilman/Director Tanner asked if the $179,000 will initially be paid from the General Fund or was the contractor going to sit and wait for approval of the funds. Mr. Wohlmuth stated that because the ROPS are being submitted in March, there is the probability that it will go through, like the original $100, 000 went through, and with the timing of the contractor's work, the City might not have to front the money, except if the Reimbursement Agreement is approved, then it would. He said the work commences upon contract, but the payment is based on work performed, which will go on for months. Mayor Pro TemNice Chair Spiegel moved to: 1)Waive further reading and adopt Resolution No. 2015 - 11, authorizing award of the subject contract to Sargent Town Planning, Los Angeles, California, in the amount of $279,411 for Planning Professional Services for the Preparation of a Specific Plan and Environmental Impact Report (EIR) for the vacant 170-acre parcel of land bounded on the south by Frank Sinatra Drive and on the west by Portola Avenue (Contract No. C34120); 2) by Minute Motion, appropriate the necessary funds, including the contract amount of $279,411 plus a 10% contingency amount of $27,941, totaling $307,352 for the subject contract from Fund 400 - Unobligated Reserves to a Capital Improvement Fund; 3) waive further reading and adopt Resolution No. SA -RDA 046, approving a Reimbursement Agreement between the City of Palm Desert and the Successor Agency to the Palm Desert Redevelopment Agency for the Planning Professional Services on the 170-acre parcel, and the Executive Director, Mayor, and Chair to execute same (Contract No. C34120A). Councilman/Director Jonathan inquired about the relationship between Sargent Town Planning andRaimi + Associates. Ms. Aylaian explained thatRaimi + Associates is the lead consultant in the Update of the General Plan, and they have retained about half a dozen different specialty consultants, one of whom is Sargent Town Planning, stating they are the Urban 5 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 26, 2015 Planners for the Update of the General Plan. In this specific plan,Raimi + Associates would be a sub -consultant to Sargent Town Planning; therefore, it was the same team members. MR. DAVID SARGENT, Principal with Sargent Town Planning, stated they are enjoying their work withRaimi + Associates, City staff, and the officials that are part of the steering committee, stating he appreciated being selected to work on the specific plan. He said this was a great opportunity to take advantage of the synergy in that part of town from the University and collateral development. Mayor/Chair Weber commented everyone has been very pleased in working with them as well. Councilman/Director Tanner seconded the motion and it carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, SUCCESSOR AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. SUCCESSOR AGENCY COUNSEL None 6 MINUTES SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 26, 2015 C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY None XIV. ADJOURNMENT On a motion by Jonathan, and unanimous consent of the Successor Agency Board, Chair Weber adjourned the meeting at 5:39 p.m. ATTEST: -- (\t w Z -,i_Q/s- SUSAN MARIE WEBER, CHAIR RAC LL D. KLAS EN, S "' ' TARY SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 7