HomeMy WebLinkAboutPrelim - HA - 04-09-2015PRELIMINARY MINUTES
PALM DESERT HOUSING AUTHORITY MEETING
THURSDAY, APRIL 9, 2015
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
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
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
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:
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PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015
NOTE: THE FOLLOWING ITEM NOS. A (1) AND (2) WERE LISTED ON AN AGENDA
ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING.
A. Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
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
2) Property: 42239 Verdin Lane (APN 624-431-017), Palm Desert
Negotiating Parties:
Agency: John M. Wohlmuth/Janet M. Moore/City of Palm Desert/
Palm Desert Housing Authority
Property Owner: Florencio L. Zamoran and Maria Lopez
Under Negotiation: x Price x Terms of Payment
With Authority Board concurrence, Chairman Weber adjourned the meeting to
Closed Session at 3:06 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 March 26, 2015.
Rec: Approve as presented.
Upon a motion by Tanner, second by Harnik, and a 4-0-1 vote (AYES: Harnik,
Jonathan, Tanner, and Weber; NOES: None; ABSTAINING: Spiegel), the Consent
Calendar was approved as presented.
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PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015
VI. CONSENT ITEMS HELD OVER
None
VII. RESOLUTIONS
None
VIII. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO LIBERTY LANDSCAPING,
INC., IN THE AMOUNT OF $195,639.38 FOR THE 2015 CITYWIDE TREE
PRUNING PROGRAM (CONTRACT NO. C34130, PROJECT NO. 932-15)
(JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Mr. Greenwood stated this contract is for the annual Citywide Tree Pruning
Program as differentiated from the Palm Tree Pruning, which is the next item
on the agenda.
Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Waive
minor bid irregularity; 2) award subject contract for the 2015 Citywide Tree Pruning
Program to Liberty Landscaping, Inc., Riverside, California, in the total amount of
$195,639.38 ($145,538.56 - City and $50,100.82 - Housing Authority); 3) authorize the
Director of Finance to set aside an additional 10% contingency for the project in the total
amount of $19,563.94 ($14,553.86 - City and $5,010.08 - Housing Authority); 4)
appropriate $101,077.42 ($91,888.56 for base contract plus $9,188.86 for contingency)
from Unobligated General Funds to Account Nos. 110-4614-453-3370 ($55,592.58),
110-4610-453-3320 ($22,237.03), 110-4611-453-3320 ($18,193.94), and
441-4195-695-3320 ($5,053.87); 5) authorize the Mayor/Chairman to execute the
agreement — funds are available for the portion of the contract relative to the City and
Assessment Districts in Parks & Recreation Account Nos. 110-4610-453-3320,
110-4611-453-3320, and 110-4610-453-3371; Repair/Maintenance Medians Account No.
110-4614-453-3370; Desert Willow Account No. 441-4195-495-3320; and Assessment
District Fund 200 Accounts; and forthe Housing Authority, funds are set aside in the 2014-
2015 and in the proposed 2015-2016 Housing Authority Operating Budgets. Motion was
seconded by Harnik.
Councilman/Member Jonathan noted at the last Housing Commission
Meeting the Board approved its share of the funding for both the Citywide
Tree and Palm Tree Pruning Programs.
Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote
(AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
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PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015
B. REQUEST FOR ACCEPTANCE OF THE LOW BIDDER'S REQUEST TO
WITHDRAW AND TO AWARD CONTRACT TO SECOND LOWEST
BIDDER, LIBERTY LANDSCAPING, INC., IN THE AMOUNT OF
$104,397.44 FOR THE 2015 CITYWIDE PALM TREE PRUNING
PROGRAM (CONTRACT NO. C34270, PROJECT NO. 931-15) (JOINT
CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Mr. Greenwood noted this contract is for the Citywide Palm Tree Pruning
Program, and there was an unusual occurrence here in that the low bidder
asked to withdraw his bid. He said the contractor missed the fact that it was
a prevailing wage contract, which is now required in the State of California.
The contractor requested to withdraw his bid and staff recommends that the
Council allow him to withdraw and award the contract to the second lowest
bidder, which happens to be Liberty Landscaping, Inc., the same contractor
that was just awarded the contract for the Citywide Tree Pruning Program.
Councilmember/Member Harnik moved to, by Minute Motion: 1) Accept low bidder's
request to withdraw (Andy's Landscape & Tree Service, Inc., Palm Desert, California); 2)
award subject contract for the 2015 Citywide Palm Tree Pruning Program to Liberty
Landscaping, Inc., Riverside, California, in the total amount of $104,397.44 ($93,784.64 -
City and $10,612.80 - Housing Authority); 3) authorize the Director of Finance to set aside
an additional 10% contingency in the total amount of $10,439.74 ($9,378.46 - City and
$1,016.28 - Housing Authority); 4) appropriate $42,151.60 ($38,319.64 for base contract
plus $3,831.96 for contingency) from Unobligated General Funds to Account Nos.
110-4614-453-3370 ($14,050.53), 110-4610-453-3320 ($14,050.53), and
110-4611-453-3320 ($14,050.54); 5) authorize the Mayor/Chairman to execute the
agreement — funds are available for the portion of the contract relative to the City and
Assessment Districts in Parks & Recreation Account Nos. 110-4610-453-3320,
110-4611-453-3320, and 110-4610-453-3371; Repair/Maintenance Medians Account
No.110-4614-453-3370; Desert Willow Account No. 441-4195-495-3320; and Assessment
District Fund 200 Accounts; and for the Housing Authority, funds are set aside in the 2014-
2015 and in the proposed 2015-2016 Housing Authority Operating Budgets. Motion was
seconded by Tanner.
Councilman/Member Jonathan stated he couldn't let this go without
observing what a shame it was that as a Charter City it was subject to the
prevailing wage requirement. He said even in a small contract of $100,000,
the requirement will cost the City $40,000 more, which could be used so
effectively elsewhere. He shuttered to think how much in totality the City will
spend as a result of the State mandate.
Mayor/Chairman Weber stated she shared the same sentiment, because all
cities and special districts are being forced to pay these prevailing wages
costing everyone much more money.
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PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015
Councilmember/Member Harnik noted everyone fought against it, but the
efforts failed.
Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote
(AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
IX. CONTINUED BUSINESS
None
X. OLD BUSINESS
A. REQUEST FORAPPROVAL OF THE PARKING EASEMENT AGREEMENT
WITH PALM CITY ASSOCIATION AND CHANGE ORDER NO. 9 TO
CONTRACT WITH OPTIMUS CONSTRUCTION, INC., IN THE AMOUNT
OF $187,588.66 FOR CONSTRUCTION OF THE CARLOS ORTEGA
VILLAS (CONTRACT NO. HA29410B, PROJECT NO. 825-11) (JOINT
CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Project Coordinator Heather Buck explained this request included two main
items. The first portion dealt with minor miscellaneous change orders that
are related to the project as it stood today, which amounted to a credit back
to the Housing Authority of approximately $100. The work included electrical
additions, minor changes to improve consistency throughout the project, and
utility related work. Portion two is more involved relating to the Parking
Easement Agreement with the Palm Desert Country Club Association, A.K.A.
Palm City Association. When the Carlos Ortega Villas Project was approved,
one of the requirements of the entitlement was construction of a traffic circle,
which is scheduled for construction this summer. There will be a loss of
approximately 20 parking spaces on the street that are utilized by residents
and businesses in the associated area. Staff is working with Palm Desert
Country Club Association (PDCCA) to work out a parking easement on their
property that the City would construct, and PDCCA would maintain the
landscaping of it. The amount for this work would be a change order to
Optimus Construction in the approximate amount of $187,000, stating this
work wouldn't add time to the contract. She said Successor Agency Funds,
which have already been approved with the Bond Proceeds Funding
Agreement, would be used for this work as well as Housing Funds. She said
there are availability and contingency funds for this added scope of work.
Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Approve
the Parking Easement Agreement by and between Palm City Association and the City of
Palm Desert (Contract No. C29410F); 2) authorize the Mayor to execute the finalized
Agreement; 3) approve the Agreement for Construction Access and Parking Easement by
and between the Palm Desert Housing Authority and Palm City Association (Contract No.
HA29410G); 4) authorize the Chairman to execute the finalized Agreement as approved
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PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015
by Housing Authority Counsel; 5) approve Change Order No. 9 in the total amount of
$187,588.66 to Contract No. HA29410B with Optimus Construction, Inc., Glendale,
California, forthe Carlos Ortega Villas, forthe items listed in the accompanying staff report;
6) authorize the transfer of $187,588.66 from contingency to base for the contract; 7)
authorize the Chairman to execute Change Order No. 9 — funds for this purpose are
available in Account Nos. 871-8691-466-4001 and 703-8691-466-4001 - Capital
Improvements. Motion was seconded by Tanner.
Councilman/Member Jonathan noted the Housing Commission reviewed and
approved this item as well.
Mayor/Chairman Weber called for the vote and the motion carried by a 5-0 vote
(AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: 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
XIII. ORAL COMMUNICATIONS - C
None
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PALM DESERT HOUSING AUTHORITY MEETING APRIL 9, 2015
XIV. ADJOURNMENT
On a motion by Tanner, second by Spiegel, and unanimous consent of the Authority
Board, Chairman Weber adjourned the meeting at 4:55 p.m.
ATTEST:
RACHELLE D. KLASSEN, SECRETARY
PALM DESERT HOUSING AUTHORITY
SUSAN MARIE WEBER, MAYOR
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