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HomeMy WebLinkAboutPrelim - HA - 02-12-2015DRAFT PRELIMINARY MINUTES PALM DESERT HOUSING AUTHORITY MEETING THURSDAY, FEBRUARY 12, 2015 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chairman Weber convened the meeting at 3:00 p.m. II. ROLL CALL Present: Member Jan C. Harnik Member Sabby Jonathan Vice Chairman Robert A. Spiegel Member Van G. Tanner Chairman Susan Marie Weber Also Present: John M. Wohlmuth, Executive Director Robert W. Hargreaves, Assistant City Attorney Rudy P. Acosta, Assistant City Manager Rachelle D. Klassen, Secretary Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community 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 Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department 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 FEBRUARY 12, 2015 1) Property: 42204 Golden Eagle Lane (APN 624-431-012), Palm Desert Negotiating Parties: Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/ Palm Desert Housing Authority Property Owner: Nicholas and Corena Killebrew Under Negotiation: x Price x Terms of Payment With Authority Board concurrence, Chairman Weber 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 January 22, 2015. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AUTHORITY TREASURY - Warrant Nos. 169HA, 168-Housing, 173-Housing, 176-Housing, 174HAF, and 178HAF. Rec: Approve as presented. C. HOUSING COMMISSION MINUTES forthe Meeting of December 10, 2014. Rec: Receive and file. Upon a motion by Spiegel, second by Hamik, and 5-0 vote of the Authority Board (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the Consent Calendar was approved as presented. VI. CONSENT ITEMS HELD OVER None VII. RESOLUTIONS None K PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015 VIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT TO THE FISCAL YEAR 2014-2015 BUDGETAS A RESULT OF MID -YEAR ADJUSTMENTS (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Gibson stated staff recommended Council revise the Revenues to $49,622,500, and Expenses to $48,665.671. The major increases to revenue is due to both the sales tax and Transient Occupancy Tax (T.O.T.), stating staff had budgeted conservatively at $150,000 for short-term rentals. Even though the City collected $621,000 last year, it was for multiple years, so he didn't know how true that number was. Therefore, staff is increasing that amount to make the adjustment. In the expenditure side, staff recommended increasing the amount to $415,125, stating the major expense is the Marketing Budget of $270,000, which includes the incentive opportunities for hotel properties. On the Housing Authority side, there is a $1 million budget for resale of the housing properties. Responding to question, he said the year-end balance for the General Fund was about $65 million. Mayor Pro TemNice Chairman Spiegel moved to, waive further reading and adopt: 1) City Council Resolution No. 2015 - 08, amending the FY 2014-2015 Budget as a result of Mid -year Adjustments; 2) Housing Authority Resolution No. HA - 71, amending the FY 2014-2015 Budget as a result of Mid -year Adjustments. Motion was seconded by Jonathan. Councilman/Member Jonathan noted he had a few questions that Mr. Gibson was kind and patient enough to answer. Councilmember/Member Hamik commented she was pleased with Mr. Gibson's conservative approach and happy that short-term rentals were paying off. Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. 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 FALCON CREST — 42065 HOVLEY GARDENS DRIVE (A.P.N. 624-430-005) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Ms. Moore stated this item was a direct sale, and anytime the City/Authority is offering down payment assistance, and it reaches the point of escrow or 3 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015 potential escrow, staff seeks authorization. She noted the next four items on the agenda are similar. Councilman/Member Tanner moved to, by Minute Motion: 1) Approve a silent down payment assistance loan associated with a direct sale in Falcon Crest, not to exceed 20% of the sales price of the home, to ensure an affordable housing cost pursuant to California Health and Safety Code Section 50052.5 fora qualified low- or moderate -income household from anyavailable funding source restricted for such purpose (Low and Moderate Income Housing Asset Fund, BEGIN Fund, and Housing Mitigation); 2) authorize use of the Falcon Crest 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 Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). C. 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 — 75304 KELSEY CIRCLE NORTH (A.P.N. 634-241-027) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Ms. Moore stated this property was in the Desert Rose development, and it's anticipated that it will be a direct sale; therefore, staff is seeking Council's authorization for the down payment assistance. Councilman/Member Tanner 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 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 Jonathan and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 4 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015 D. 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 — 75329 KELSEY CIRCLE SOUTH (A.P.N. 634-241-010) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Councilmember/Member Hamik 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 use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents forthe applicable funding source, and authorize the Mayorto 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 (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). E. 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 — 75473 ORANGE BLOSSOM LANE (A.P.N. 634-061-031) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Councilmember/Member Hamik 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 use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, and authorize the Mayorto 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 (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). 5 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015 F. REQUEST FOR APPROVAL OF THE EXECUTION OF A HOUSING BOND PROCEEDS FUNDING AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY, AND TAKING CERTAIN RELATED ACTIONS (CONTRACT NO. SA34210) (JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY). Management Analyst Veronica Tapia stated this item is similar to the previous item, however, it'sforthe Housing Bonds forthe remaining projects. She said the Department of Finance (DOF) already approved the Carlos Ortega Villas, the Housing Subsidy Program, and a few other items that were on the tax certificate that funds can be used and intend for. Director/Member Hamik moved to, waive further reading and adopt Resolution Nos. SA -RDA 043 and HA - 74, approving execution of a Housing Bond Proceeds Funding Agreement between the Successor Agency to the Palm Desert Redevelopment Agency and the Palm Desert Housing Authority, and taking certain related actions. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). IX. CONTINUED BUSINESS None X. OLD BUSINESS None XI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTY LOCATED AT 75333 KELSEY CIRCLE NORTH (A.P.N. 634-242-019) - DESERT ROSE, PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Ms. Moore stated the subject property is owned by the Authority and before it can be sold a public hearing has to be conducted in order to hear testimony on the proposed purchase contract. Mayor/Chairman Weber declared the public testimony in FAVOR of or in OPPOSITION t o 0 PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015 Councilmember/Member Harnik moved to: 1) Waive further reading and adopt Resolution No. HA - 72, approving the sale of the property pursuant to the attached draft Purchase and Sale Agreement for up to $121,710, depending on terms of the negotiated sale; 2) by Minute Motion: a) Approve silent homebuyer assistance loan in an amount that does not exceed 40% of the sales price for the homebuyerto ensure an affordable housing cost for a qualified low- or moderate -income household from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority Program Income; b) authorize payment of transaction costs from the sale proceeds for the purpose of repairs required for closing and fees customary to real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions, and disclosures; c) authorize use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form; d) authorize the Mayor, Authority's Chairman, and/or Authority's Executive Director, or his designee, to finalize and execute the Purchase and Sale Agreement and any ancillary documents necessary to effectuate the sale and actions taken herewith. Motion was seconded by Spiegel and carried by a 5-0 vote (AYES: Hamik, Jonathan, Spiegel, Tanner, and Weber; NOES: None). B. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF THE PROPERTY LOCATED AT 43710 KELSEY COURT (A.P.N. 634-241-042) - DESERT ROSE, PALM DESERT, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(c) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Ms. Moore stated the proposed property is owned by the Authority and is contemplating selling it; therefore, a public hearing must be conducted to receive public testimony on the purchase contract. Mayor/Chairman Weber declared the public hearing open and invited public testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, she declared the public hearing closed. Mayor Pro TemNice Chairman Spiegel moved to: 1) Waive further reading and adopt Resolution No. HA - 73, approving sale of the property pursuant to the attached draft Purchase and Sale Agreement for up to $131,512, depending on terms of the negotiated sale; 2) by Minute Motion: a) Approve silent homebuyer assistance loan in an amount that does not exceed 40% of the sales price for the homebuyer to ensure an affordable housing cost for a qualified low- or moderate -income household from any available funding source restricted for such purpose (BEGIN, Housing Mitigation, Agency/Housing Authority Program Income; b) authorize payment of transaction costs from the sale proceeds for the purpose of repairs required for closing and fees customary to real estate transactions in Riverside County, including escrow, title, FHA fees, inspections, vermin eradication, commissions, and disclosures; c) authorize use of the Desert Rose Sales Program and documents, including the restrictive covenant and loan documents for the applicable funding source, in their substantial form; d) authorize the Mayor, Authority's Chairman, rA PRELIMINARY MINUTES DRAFT PALM DESERT HOUSING AUTHORITY MEETING FEBRUARY 12, 2015 and/or Authority's Executive Director, or his designee, to finalize and execute the Purchase and Sale Agreement and any ancillary documents necessary to effectuate the sale and actions taken herewith. Motion was seconded by Tanner and carried by a 5-0 vote (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: 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 XIII. ORAL COMMUNICATIONS - C None XIV. ADJOURNMENT Upon a motion by Tanner, second by Spiegel, and unanimous consent of the Authority Board, Chairman Weber adjourned the meeting at 5:47 p.m. SUSAN MARIE WEBER, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT HOUSING AUTHORITY