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Home My WebLink AboutPrelim - HA - 12/13/2012 DRAFT PRELIMINARY MINUTES , PALM DESERT HOUSING AUTHORITY MEETING THURSDAY, DECEMBER 13, 2012 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chairman Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Member Jean M. Benson Member Cindy Finerty Member Jan C. Harnik Vice Chairman William R. Kroonen Chairman Robert A. Spiegel Present at 4:00 p.m. Reconvening: Councilmember-elect Van G. Tanner Councilmember-elect Susan Marie Weber Also Present: John M. Wohlmuth, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Bo Chen, City Engineer 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 Stephen Y. Aryan, Risk Manager Kevin Vest, Chief, Palm Desert Police/Riverside Co. Sheriffs Department Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING DECEMBER 13, 2012 A. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 42-148 Verdin Lane (APN 624-440-003), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing Authority Property Owner: Justin and Patricia Mansker Under Negotiation: x Price x Terms of Payment 2) Property: 75-406 Orange Blossom Lane (APN 634-062-013), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Successor Agency to the Palm Desert Redevelopment Agency/Palm Desert Housing Authority Property Owner: Heika Pfeiffer Under Negotiation: x Price x Terms of Payment On a motion by Finerty, second by Benson, and 5-0 vote of the Authority Board, Chairman Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:05 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None Note: During the City Council Meeting conducted immediately prior to this Housing Authority Board Meeting, declaration of the 2012 General Municipal Election was made, and the annual City of Palm Desert Mayoral Rotation occurred, with Jan C. Harnik being appointed Mayor (Chairman of the Housing Authority Board), and Jean M. Benson being appointed Mayor Pro Tem (Vice Chairman of the Housing Authority Board). V. CONSENT CALENDAR A. MINUTES of the Housing Authority Meeting of November 15, 2012. Rec: Approve as presented. 2 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING DECEMBER 13, 2012 B. CLAIMS AND DEMANDS AGAINST THE AUTHORITY TREASURY - Warrant Nos. 94-Housing, 99-Housing, 103-Housing, 108-Housing, 110-Housing, 95HA, and 104HA. Rec: Approve as presented C. HOUSING COMMISSION MINUTES for the Meeting of October 10, 2012. Rec: Receive and file. Upon a motion by Spiegel, second by Benson, and 5-0 vote of the Authority Board, the Consent Calendar was approved as presented. VI. CONSENT ITEMS HELD OVER None VII. RESOLUTIONS None VIII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO REJECT ALL BIDS RECEIVED FOR THE 2013 CITYWIDE TREE PRUNING PROGRAM AND AUTHORIZE STAFF TO RE-BID THE PROJECT(CONTRACT NO.C32330, PROJECT NO.932-13) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Landscape Manager H. Spencer Knight stated this item was a rejection of all bids for the yearly tree pruning contract. The first two bidders failed to follow directions on the bids and provided inaccurate information, and the third bid was too expensive. Therefore, staff requested the Council reject all bids and authorize staff to re-bid the project. Councilman/Member Spiegel moved to, by Minute Motion: 1)Reject all bids received for Contract No. C32330 in the solicitation advertised for November 20, 2012; 2)authorize staff to re-bid the project. Motion was seconded by Benson. Responding to question, Mr. Knight said it will take 45 to 60 days until the contract is able to go forward, which included two weeks for the bidding process and 30 days for the exchange of contract documents. He hoped to return to the City Council the first meeting in January. Further responding, he said the contract for the palm trees is done separately, because the work and timing are so different, and that bid process takes place in March/April. Mayor/Chairman Harnik called for the vote, and the motion carried by a 5-0 vote. 3 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING DECEMBER 13, 2012 B. REQUEST FOR AUTHORIZATION FOR THE CITY MANAGER/EXECUTIVE DIRECTOR TO ENTER INTO AGREEMENTS TO RESTRICT THE AFFORDABILITY OF HOMES OCCUPIED BY HOUSEHOLDS OF LOWER AND MODERATE INCOMES (UPON THEIR REQUEST) FOR UNRESTRICTED UNITS IN PALM DESERT, INCLUDING DESERT ROSE AND FALCON CREST (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Ms. Moore stated the proposed Agreement authorizes the City Manager to enter into agreements to restrict homes as affordable. During the elimination of Redevelopment the City was prohibited from entering into contracts on real property transactions. Because of that restriction, staff had a few number of covenants that were released and/or lost during that period of time. However,staff has been contacted by households who have requested the covenant be placed back on their home, so they can participate in some energy efficiency programs, one of which is a program of installing solar at Desert Rose. The systems range from $18,000 to $22,000, which the homeowner receives for free; therefore, it is worth going back to the Affordable Program and restrict the home as affordable. The City has the first right-of-refusal to purchase their home, which is what the homeowner is giving the City in exchange for this opportunity. She said staff didn't want to restrict the program simply to Desert Rose and Falcon Crest, which is why staff is asking for authorization, at the owners request, to enter into any home in Palm Desert who qualifies under affordable housing cost. Councilman/Member Tanner stated he understood there have been a few units sold outside the qualifications. In other words, people have sold to somebody other than a qualified low and moderate income housing where the people that purchased these homes are asking to be recognized again as low to moderate income. He asked if there was any downfall or problem with the City doing this. Ms. Moore responded that such an agreement would reinstate the City's covenant, which would benefit the City. It is an unusual situation that someone would request this, except that they have a sizable benefit, which is a free solar system. Additionally, staff would like to maintain any covenant possible within the City under the Affordable Housing Projects. Unfortunately,the elimination of Redevelopment prohibited the City in certain situations from purchasing those properties, which had been the practice in the past, and at this point, the City is not putting itself in any obligation. She said if the home came up for sale, the City has the ability to exercise its option to purchase it. Councilman/MemberTanner asked if there was a down side to either party. 4 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING DECEMBER 13, 2012 Ms. Moore said the homeowner was restricting their own property. Further responding, she confirmed that if the City didn't have the funds to purchase the property, it will go on the market. Mayor/Chairman Harnik asked if such homes helped the City satisfy the Regional Housing Needs Assessment (RHNA) numbers. Ms. Moore answered yes, stating if it was a home that was not in a development such as Desert Rose or Falcon Crest. However, there are certain technicalities that would have to be met, like a substantial rehabilitation definition, etc., but could potentially work as an RHNA number to benefit the City. Councilman/Member Tanner moved to, by Minute Motion, authorize the City Manager/Executive Director to enter into agreements to restrict the affordability of homes occupied by households of lower and moderate incomes (at the owners' request) for unrestricted units in Palm Desert, including Desert Rose and Falcon Crest. Motion was seconded by Benson 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 DECEMBER 13, 2012 XIII. ORAL COMMUNICATIONS - C None XIV. ADJOURNMENT On a motion by Tanner, second by Spiegel, and 5-0 vote of the Authority Board, Chairman Harnik adjourned the meeting at 6:12 p.m. JAN C.HARNIK,CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT HOUSING AUTHORITY 6