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HomeMy WebLinkAboutRDA Minutes - 5/13/04PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, MAY 13, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Spiegel convened the meeting at 3:03 p.m. II. ROLL CALL Present: Member Jean M. Benson Vice Chairman Buford A. Crites Member Ferguson arrived at 3:24 p.m. and left the meeting at 6:00 p.m. Member Richard S. Kelly arrived at 3:04 p.m. Chairman Robert A. Spiegel Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs Richard Twedt, Public Arts Manager III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 1) Property: APNs 634-061-004; 634-061-033; 634-062-017; 634-061-027 Negotiating Parties: Agency: Justin McCarthy/Teresa L. La Rocca Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2) Property: APN 620-430-024 Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Palm Desert Redevelopment Agencyv. Cendant Mortgage Incorporated, PHH Mortgage Services Corporation, Robert E. Weiss Incorporated, Banca Financial Incorporated, C & V Investment Incorporated; Riverside County Superior Court Case No. INC 042142 Upon motion by Crites, second by Benson, and 3-0 vote of the Agency (Members Ferguson and Kelly ABSENT), Chairman Spiegel adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:04 p.m. Recesses were observed from 6:00 p.m. to 6:47 p.m., 9:05 p.m. to 9:08 p.m., and 9:30 p.m. to 9:38 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 2 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 VI. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meetings of April 8, and April 22, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 199RDA, 201 RDA, 203RDA, 205RDA, 209RDA, 214RDA, 217RDA, 219RDA, 200-Housing, 201-Housing, 204-Housing, 210-Housing, 215-Housing, 217-Housing, 220-Housing, 206HA, 211 HA, and 216HA. Rec: Approve as presented. C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for March 2004 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. D. REQUEST FOR APPROVAL of Contract for Audit Services for the City of Palm Desert, Palm Desert Redevelopment Agency, Desert Willow Golf Resort, Palm Desert Recreation Facilities Corporation, and the Palm Desert Housing Authority for the Fiscal Year Ending June 30, 2004 (Contract No. C20182) (Joint Consideration with the Palm Desert City Council and the Palm Desert Housing Authority). Rec: By Minute Motion, approve the subject contract with Lance, Soll & Lunghard, LLP, Brea, California. E. REQUEST FOR AWARD OF CONTRACT for Design of Four Single -Family Residential Models Located Between Merle Drive and 42"d Avenue (Contract No. R22700). Rec: By Minute Motion: 1) Award the subject contract to Kristi Hanson, Architects Inc., Palm Desert, California, in the amount of $16,000 for architectural services and an amount not to exceed $1,000 for reimbursables; 2) authorize the Director of Finance to appropriate $17,000 from the Unobligated Housing Fund, Account No. 870-4698-466-4001 for this purpose; 3) authorize the Chairman to execute said contract and all necessary documents. 3 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 F. REQUEST FOR AWARD OF CONTRACT for Professional Consultant Services for Reporting and Filing of the Five -Year Implementation Plan and Ten -Year Housing Compliance Plan Proposal (Contract No. R22710). Rec: By Minute Motion: 1) Award the subject contract to Rosenow Spevacek Group Inc., Santa Ana, California, in the amount of $41,810; 2) authorize the Director of Finance to set aside the amount of $4,181 as 10% contingency (use of contingency requires additional action); 3) appropriate $23,908 from Unobligated Housing Set -Aside to Account No. 870-4195-466-3092; 4) appropriate $22,083 from Unobligated Agency Funds to the following accounts: a) $5,520.75 to Account No. 850-4195-466-3092; b) $5,520.75 to Account No. 851-4195-466-3092; c) $5,520.75 to Account No. 853-4195-466-3092; d) $5,520.75 to Account No. 854-4195-466-3092. G. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R21810 - Construction of Storage Garage for the El Paseo Courtesy Cart Program (James E. Simon Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Upon motion by Crites, second by Kelly, the Consent Calendar was approved as presented by a 4-0 vote, with Member Ferguson ABSENT. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE TRANSFER OF THE DISPOSITION DEVELOPMENT AGREEMENT AND ITS AMENDMENTS, AND THE DEVELOPMENT AGREEMENT FROM INTRAWEST RESORT OWNERSHIP CORPORATION TO ITS PARENT COMPANY, INTRAWEST CORPORATION (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Ortega noted the staff report and recommendation in the packets. 4 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 Mayor Pro TemNice Chairman Crites moved to, by Minute Motion, approve the transfer of the Disposition Development Agreement and its amendments, and the Development Agreement from Intrawest Resort Ownership Corporation to its parent company, Intrawest Corporation, and authorize the City and Agency to execute the agreements authorizing said transfer. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman/Member Ferguson ABSENT. B. REQUEST FOR APPROVAL OF PAYMENT FOR ALL OR A PART OF THE VALUE OF THE LAND FOR AND THE COST OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS TO FRED WARING DRIVE (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Coleman reviewed the staff report and recommendation. Councilman/Member Kelly moved to waive further reading and adopt: 1) City Council Resolution No. 04-40, approving payment by the Palm Desert Redevelopment Agency for all or a part of the value of the land for and the cost of the installation and construction of certain improvements to Fred Waring Drive; 2) Redevelopment Agency Resolution No. 491, authorizing payment by the Palm Desert Redevelopment Agency for all or a part of the value of the land for and the cost of the installation and construction of certain improvements to Fred Waring Drive. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman/Member Ferguson ABSENT. C. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY KNOWN AS 43-820 BLUEBERRY LANE, PALM DESERT (APN 634-061-037). Member Kelly moved to, by Minute Motion: 1) Authorize acquisition of the subject property for the purpose of retaining affordability covenants and resale; 2) authorize the Executive Director to execute any documents necessary to facilitate this acquisition — funds are available in the Housing Set -Aside Fund. Motion was seconded by Benson and carried by a 4-0 vote, with Member Ferguson ABSENT. D. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY KNOWN AS 43-915 ROCKROSE COURT, PALM DESERT (APN 634-241-018-5). Member Kelly moved to, by Minute Motion: 1) Authorize acquisition of the subject property for the purpose of retaining affordability covenants and resale; 2) authorize the Executive Director to execute any documents necessary to facilitate this acquisition — funds are available in the Housing Set -Aside Fund. Motion was seconded by Benson and carried by a 4-0 vote, with Member Ferguson ABSENT. b7 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 E. REQUEST FOR AUTHORIZATION TO NEGOTIATE TEMPORARY LICENSE AGREEMENTS WITH RESIDENTS WHOSE PROPERTIES SHARE PROPERTY LINE WITH HOUSING AUTHORITY PROPERTY KNOWN AS CALIFORNIA VILLAS. Mr. Ortega reviewed the staff report and offered to answer any questions. Member Kelly moved to, by Minute Motion: 1) Authorize staff to negotiate said Temporary License Agreements and the Chairman to execute same; 2) authorize residents with properties sharing property lines with California Villas to use and maintain approximately two feet of Agency -owned property adjacent to their property line. Motion was seconded by Crites and carried by a 4-0 vote, with Member Ferguson ABSENT. F. REQUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL AND CONSTRUCTION MANAGEMENT SERVICES FOR THE PALM VILLAGE APARTMENTS (CONTRACT NO. R22720). Member Kelly moved to, by Minute Motion: 1) Award the subject contract to V2C Group, Inc., Palm Desert, California, for hourly services in an amount not to exceed $43,120 in the aggregate, plus reimbursable expenses in an amount not to exceed $2,000 in the aggregate for construction management services at the Palm Village Apartments; 2) authorize the Director of Finance to set aside an additional amount of $4,312 as 10% contingency (use of contingency requires additional action); 3) authorize the Chairman to execute said contract. Motion was seconded by Crites and carried by a 4-0 vote, with Member Ferguson ABSENT. G. REQUEST FOR APPROVAL OF CONTRACT FOR FINAL DESIGN CIVIL ENGINEERING SERVICES FOR THE SINGLE-FAMILY AND SENIOR HOUSING PORTION OF THE 40-ACRE SITE (BETWEEN MERLE DRIVE AND 42ND AVENUE) (CONTRACT NO. R22730). Mr. Ortega noted the staff report and recommendation in the packets. Member Benson moved to, by Minute Motion: 1) Approve the subject contract between the Redevelopment Agency and MSA Consulting, Inc. (Mainiero, Smith & Associates), Rancho Mirage, California, in an amount not to exceed $273,995, plus $12,595 for reimbursables for final design civil engineering services for the single-family and senior housing portion of the 40-acre site; 2) authorize the Director of Finance to set aside the amount of $27,399 as 10% contingency (use of contingency requires additional action); 3) authorize the Chairman to execute said contract. Motion was seconded by Kelly and carried by a 4-0 vote, with Member Ferguson ABSENT. N. PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 H. REQUEST FOR APPROVAL OF REDEVELOPMENT ASSISTANCE FOR FACADE IMPROVEMENTS TO A RETAIL BUILDING LOCATED AT 73-740 EL PASEO. Chairman Spiegel stated that he and Member Benson had looked at the proposal and agreed on the assistance in the amount of $70,000 because the new owners, Chapman Enterprises, Inc., is going to be doing not only the front but also the back of the building and redoing the entire interior. Upon question by Chairman Spiegel, Mr. Scott Chapman stated they were staying in the Chapman & Son building until the end of May when the lease is up, and the Michael Scott store will continue to run as it is. MR. MICHAEL BRACKEN noted that the recommendation from the Retail Subcommittee was for $70,000. The request made by the developer, Mr. Chapman, originally was for $150,000, and they wished to renew that request. He said Mr. Chapman had spent approximately $2.1 million purchasing the building and would be spending another $500,000+ in a fairly substantial rehab for both sides of it. He had financed the building through an SBA loan, and it was almost impossible to layer a rehabilitation loan through conventional sources on top of an SBA. Without receiving assistance in the amount of $150,000, Mr. Chapman would need to go back and redesign what has already been through and approved by Architectural Review Commission because he would not have the funds to do both sides of the building. He asked that the Board reconsider the request for $150,000 in assistance. Member Benson said the $150,000 was far beyond what was meant for the Facade Program to help, and it was supposed to be for those who could not afford it or were not able to improve their buildings. The Committee did consider the fact that Mr. Chapman had been doing business in this community for so many years and actually agreed to go $35,000 above the $35,000 that would normally be approved because there are two entrances. She said she stood by the Retail Subcommittee recommendation for $70,000. Chairman Spiegel agreed and said he also stood by the $70,000 recommendation. Mr. Ortega added that this was in line with the City's program and policy in that it was to be $35,000 per frontage; the Committee decided this building has two frontages, and that is why it recommended $70,000. Member Kelly said he felt the City should stick with its policy. He noted that originally it was $25,000 per frontage, and it was increased to $35,000. In 7 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 this case, the amount was doubled because of the back of the building, and he felt the City had already been extravagant in its approval. Member Benson moved to, by Minute Motion: 1) Approve the recommendation for Redevelopment assistance in the amount of $70,000 to Chapman Enterprises, Inc., for improvements to a commercial building located at 73-740 El Paseo; 2) authorize the preparation of an Owner Participation Agreement for this purpose. Motion was seconded by Crites and carried by a 4-0 vote, with Member Ferguson ABSENT. I. REQUEST FOR APPROVAL OF AN AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BY AND BETWEEN PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT DEVELOPMENT COMPANY REGARDING OCCUPANCY STANDARDS. Mr. Ortega reviewed the staff report and recommendation. Member Benson moved to, by Minute Motion: 1) Approve the Amendment to the DDA by and between the Palm Desert Redevelopment Agency and Palm Desert Development Company, requiring Palm Desert Development Company to comply with Redevelopment Agency Board Resolution No. 484, relative to occupancy standards; 2) authorize the Chairman to execute the Amendment to the DDA and any other documents necessary to facilitate such amendment. Motion was seconded by Crites and carried by a 4-0 vote, with Member Ferguson ABSENT. X. CONTINUED BUSINESS None XI. OLD BUSINESS A. REQUEST FOR APPROVAL OF REVISED SITE MASTER PLAN, SCHEDULE, AND BUDGET FOR THE ENTRADA DEL PASEO PROJECT. Development Manager Lauri Aylaian reviewed the staff report and recommendation. She noted that committee reviews had taken place yesterday. The Steering Committee suggested that the multi -use building outdoor meeting space be moved over to the side where it would take better advantage of the views of the mountains and that it be sized adequately such that it would hold the number of people that met indoors in an outdoor setting. They also suggested that the parking area be reworked to accommodate bus drop off and parking so that if tour buses or school buses come to visit the site, they would have a place to be accommodated. They requested that garden seating be provided in the Eric Johnson Memorial Gardens area and that staff continue to work with Art In Public Places to make sure good locations are provided for the future art that will be dedicated there. The Landscape Beautification Committee did not reach a consensus and had a couple of concerns. Although they generally endorsed PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 the concept for completion of the Eric Johnson Memorial Gardens, one of the Committee members had a concern as to the extent of the landscaping. On the western portion of the site, there was concern that the landscape buffer came back too far and limited the amount of open space left at the back of the site. Member Kelly stated that with regard to the one disagreement with the Landscape Committee, he felt Council had agreed that there would be a landscape buffer but that it would not be this extravagant. He felt some space needed to be left there in order to put something in there that will help generate some revenue and help maintain this extravagant garden. Vice Chairman Crites stated when he looked at the recommendation, his perception was that it fit the recommendation of a majority of the Council in terms of extending the landscaping in an equivalent depth on both sides of the entrance to the Visitors Center all the way over to the Palm Valley Channel. Chairman Spiegel agreed with Member Kelly and said the garden itself had been enlarged by going all the way over to the main road coming in, and the look of open space had been maintained beyond the entrance road over to the Channel, the same kind of look that there is on Fred Waring. He said it would accomplish a lot and still give room for whatever the Council might decide to put in as open space. Member Crites stated he had asked staff to pull the Minutes from the February 121h meeting to find out what Council had actually said. Ms. Aylaian stated she had pulled the Minutes from the February 121h meeting. The motion was to adjust the placement of the multi -use building such that it was sited the same approximate distance from Highway 111 as the Visitors Center, thereby providing park space along the entirety of the frontage. Vice Chairman Crites moved to, by Minute Motion, approve the following Entrada del Paseo Committee recommendations relative to the Master Plan: 1) Building placement for the Visitor Information Center; 2) conceptual approval for continuation of the Eric Johnson Memorial Garden; 3) conceptual placement of the Multi -Use Building; with issues related to depth of landscaping and mounding from Highway 111 for the westerly two berms closest to the Palm Valley Channel to be brought back to the Agency Board for further discussion and action. Motion was seconded by Benson and carried by a 4-0 vote, with Member Ferguson ABSENT. PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF SIDEWALKS ON THE NORTH/SOUTH SIDE OF 42ND AVENUE BETWEEN PALM DESERT SOCCER PARK AND COOK STREET (CONTRACT NO. R22320). Mr. Ortega noted the staff report and recommendation in the packets. Member Kelly moved to, by Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $167,410; 2) authorize the Director of Finance to set aside $16,741 as 10% contingency (use of contingency requires additional action); 3) appropriate $184,151 from Account No. 853-4616-433-4001 for the subject project; 4) authorize the Chairman to execute said contract. Motion was seconded by Benson and carried by a 4-0 vote, with Member Ferguson ABSENT. XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY 1. Sidewalk — Grapevine Street — Member Kelly said he'd noticed a condominium complex along Grapevine had taken out oleanders and built a wall. He understood they'd asked the City to participate in landscaping there. However, he recalled Grapevine residents complained that they had to walk in the street where it narrowed because there was no sidewalk available. He believed it would be a logical place for sidewalk installation instead of negotiating for landscaping. He asked staff to look into this possibility. 10 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2004 2. Alessandro Allev— Chairman Spiegel commented that in the General Plan process, approval was given for an alley project behind the buildings on the north side of Highway 111. He said in its current condition, that area is in very poor shape. He felt some standards needed to be established for the businesses there in order that they are prepared to be aesthetically pleasing when the new alley project is initiated. XIV. ADJOURNMENT Vice Chairman Crites moved to adjourn the meeting at 11:39 p.m. Motion was seconded by Kelly and carried by a 4-0 vote, with Member Ferguson ABSENT. ATTEST: ROBERTA. SPIEGEL, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 11