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Home My WebLink AboutPrelim - HA - 11-14-2013 DRAFT V � PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING THURSDAY, NOVEMBER 14, 2013 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chairman Harnik convened the meeting at 3:00 p.m. II. ROLL CALL Present: Vice Chairman Jean M. Benson Member Robert A. Spiegel Member Van G. Tanner Member Susan Marie Weber Chairman Jan C. Harnik Also Present: John M. Wohlmuth, Executive Director Robert W. Hargreaves, Assistant City Attorney 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 Bill Hunley, Division Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Casey Hartman, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department Stephen Y. Aryan, Risk Manager Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING NOVEMBER 14, 2013 1) Properties: APNs 634-242-019, 634-241-042, 624-440-012, 624-430-006,624-431-011,624-440-006,624-431-016, 624-430-018,624-440-019,624-431-029,624-440-017, 624-431-020, 624-431-001 Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/ Palm Desert Housing Authority Property Owner: Palm Desert Housing Authority Under Negotiation: x Price x Terms of Payment 2) Property: 43705 Kelsey Court (APN 634-241-037), Palm Desert Negotiating Parties: Agency: John M.Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Terri L. McIntyre Under Negotiation: x Price x Terms of Payment 3) Property: 43930 Blueberry Lane (APN 634-061-024), Palm Desert Negotiating Parties: Agency: John M.Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Rebecca Baker Under Negotiation: x Price x Terms of Payment With Authority Board concurrence, Chairman Harnik adjourned the meeting to Closed Session at 3:01 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. None V. CONSENT CALENDAR A. MINUTES of the Housing Authority Meeting of October 10, 2013. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AUTHORITY TREASURY - Warrant Nos.86-Housing,90-Housing,87HA,92HA,97HA,81 HAF,88HAF, 93HAF, 98HAF, and 105HAF. Rec: Approve as presented 2 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING NOVEMBER 14, 2013 C. INFORMATIONAL REPORT on the Authority's Participation in the Energy Savings Assistance Program Through Southern California Edison and Southern California Gas Company. Rec: Receive and file. Upon a motion by Spiegel, second by Weber, and 5-0 vote of the Authority Board, the Consent Calendar was approved as presented. VI. CONSENT ITEMS HELD OVER None VII. RESOLUTIONS A. RESOLUTION NO. HA - 60 - A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY, PALM DESERT, CALIFORNIA, AS HOUSING SUCCESSOR TO THE FORMER PALM DESERT REDEVELOPMENT AGENCY, DETERMINING THAT PLANNING AND ADMINISTRATIVE EXPENSES INCURRED DURING FISCAL YEAR 2012-2013 AND PAID FOR WITH MONEYS IN THE LOW AND MODERATE INCOME HOUSING ASSET FUND ARE NECESSARY FOR THE PRODUCTION, IMPROVEMENT, AND PRESERVATION OF LOW AND MODERATE INCOME HOUSING. Management Analyst Veronica Tapia stated the report before the Authority Board was previously the responsibility of the Redevelopment Agency and is being brought to the Authority Board as Successor/Housing entity. The report determines that the administrative costs for 2013 were necessary and were not disproportionate to the overall cost for that year. For the year, the cost was at 14% of the overall total. Member Spiegel moved to waive further reading and adopt Resolution No. HA-60. Motion was seconded by Benson and carried by a 5-0 vote. 3 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING NOVEMBER 14, 2013 VIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF DOWN PAYMENT ASSISTANCE LOANS FROM ANY AVAILABLE FUNDING SOURCE RESTRICTED FOR THIS PURPOSE IN AN AMOUNT NECESSARY TO SECURE AN AFFORDABLE HOUSING COST ASSOCIATED WITH A DIRECT SALE IN DESERT ROSE (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Management Analyst Jessica Gonzales stated this request is to approve a down payment assistance loan to a qualified low or moderate income buyer in a direct sale of the property located at 43-930 Blueberry Lane (APN 640-140-019), in order to ensure an affordable closing cost. Councilman/Member Spiegel moved to, by Minute Motion: 1)Approve a silent down payment assistance loan associated with a direct sale in Desert Rose, not to exceed 40% of the sales price of the home to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5, for a qualified low- or moderate-income household from any available funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund,and Housing Mitigation);2)authorize the use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayor to execute; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Authority Chairman and/or the Authority's Executive Director or his designee to finalize and execute any ancillary documents necessary to effectuate the actions taken herewith — monies are available in the appropriate account in the Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation Fund. Motion was seconded by Tanner and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF AN AGREEMENT WITH CENTURY 21 OSBORNE REALTY TO LIST SEVERAL PROPERTIES OWNED BY THE PALM DESERT HOUSING AUTHORITY IN DESERT ROSE AND FALCON CREST FOR SALE TO INCOME-QUALIFIED HOUSEHOLDS(CONTRACT NO. HA32990). Ms. Moore stated staff conducted a Request for Proposal (RFP)for services to list properties owned by the Authority; there is currently an inventory at both Falcon Crest and Desert Rose. The reason staff conducted an RFP is because of the current inventory. In general situation, staff tries to do direct sales to the extend possible, and the owner of the home can select a real estate agent they can use. However, in the case, the Authority is in now, staff would like to encourage additional participation in its programs, even those it didn't own. To date, there have been two responses, and of the two, one was from John Osborne, Century 21 Osborne Realty, who has been doing a majority of the sales in Desert Rose and sales in Falcon Crest. He has been doing this for more than ten years, and he did demonstrate the 4 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING NOVEMBER 14, 2013 most experience with this program. Staff recommended approval to enter into an agreement to list several of the homes with Century 21 Osborne Realty. Member Spiegel moved to, by Minute Motion: 1) Approve an agreement with Century 21 Osborne Realty, Palm Desert, California, substantially as to form,to list several of the properties owned by the Palm Desert Housing Authority, based on the response to the Request For Proposals dated September 12, 2013; 2) authorize the payment of a listing commission of 11/2%of the sales price at the close of escrow to Century 21 Osborne Realty; 3) authorize the payment of a sales commission of up to 11/2% of the sales price at the close of escrow to a licensed real estate agent or broker(the listing agent may also be the sales agent)responsible for the sale of a property to an income-qualified household; 4) authorize the Chairman to execute the finalized agreement and the Executive Director to execute any other documents necessary to facilitate the listing and/or sale transaction. Motion was seconded by Tanner and carried by a 5-0 vote. IX. CONTINUED BUSINESS None X. OLD BUSINESS None XI. PUBLIC HEARINGS None XII . REPORTS, REMARKS,AND AUTHORITY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AUTHORITY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AUTHORITY None 5 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING NOVEMBER 14, 2013 XIII. ORAL COMMUNICATIONS - C None XIV. ADJOURNMENT On a motion by Member Spiegel and unanimous Authority Board concurrence, Chairman Harnik adjourned the meeting at 5:13 p.m. JAN C. HARNIK, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT HOUSING AUTHORITY 6