HomeMy WebLinkAboutRDA Preliminary Minutes - 7/14/05x. A
PRELIMINARY MINUTES
REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING
THURSDAY, JULY 14, 2005
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Chairman Crites convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Member Jean. M. Benson
Vice Chairman Jim Ferguson
Member Richard S. Kelly
Member Robert A. Spiegel
Chairman Buford A. Crites
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Justin McCarthy, ACM for Redevelopment
Stephen Y. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Mark D. Greenwood, City Engineer
Amir Hamidzadeh, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Michael J. Errante, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Robert P. Kohn, Director of Special Programs
Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF
Craig Kilday, Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
PRELIMINARY MINUTES
PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 43-775 Kelsey Court (APN 634-241-033-8)
Negotiating Parties:
Agency: Justin McCarthy/Palm Desert Redevelopment Agency
Property Owner: Palm Desert Redevelopment Agency
Other Parties: Cendant Corporation
Under Negotiation: x Price x Terms of Payment
2) Property: 43-705 Kelsey Court (APN 634-241-037)
Negotiating Parties:
Agency: Justin McCarthy/Janet Moore/
Palm Desert Redevelopment Agency
Property Owner: Terry McIntyre
Under Negotiation: x Price x Terms of Payment
3) Property: APNs 620-400-025, 620-400-003, 620-420-010
Negotiating Parties:
Agency: Justin McCarthy/Lauri Aylaian/
Palm Desert Redevelopment Agency
Property Owner: Palm Desert Redevelopment Agency
Other Parties: Les Melcher/Woodbine Development
Under Negotiation: x Price x Terms of Payment
Upon a motion by Spiegel, second by Benson, and 5-0 vote of the Agency Board,
Chairman Crites adjourned the meeting to Closed Session at 3:03 p.m. He reconvened
the meeting at 4:00 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA - Chairman Buford A. Crites
VII. INVOCATION - Member Robert A. Spiegel
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
Vill. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE NICHOLAS ASBURY,
KAYLEIGH HYDE, ERIKA McQUILLEN, AND MICHELLE STEIN FOR
THEIR SERVICE TO THE CITY OF PALM DESERT AND ITS
YOUTH COMMITTEE.
On behalf of the City Council/Agency Board, Mayor/Chairman Crites
presented an engraved clock to Ms. McQuillen, in appreciation of her service
to the City's Youth Committee, especially as one of its first members; she is
currently serving as a summer intern in the City's Public Works Department.
Mr. Asbury, Ms. Hyde, and Ms. Stein were unable to be present today, and
it was noted that they had also been initial participants on the Committee.
B. PRESENTATION TO RECOGNIZE SUNLINE/SHOPPER HOPPER DRIVER
JUAN RODRIGUEZ FOR SERVICE ABOVE AND BEYOND THE CALL OF
DUTY.
On behalf of the City Council/Agency Board, Mayor/Chairman Crites
presented a $100 gift certificate to Mr. Rodriguez for his good gesture of
retrieving a Palm Desert resident's purse that had fallen off her car as she
left The Living Desert recently and returning it to her intact at her home.
C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/
PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR
EXCEPTIONAL SERVICE — JULY 2005.
Mayor/Chairman Crites and Mr. Ortega honored the following employees
with a certificate of recognition and a $100 gift certificate for their exemplary
performance: Lorena Armenta, Amy Hughes, Karen Russo, Ahmad Karimi,
Mike Brown, Mark Greenwood, Tom Bassler, Rhonda Henderson,
Carlos Hernandez, Art Contreras, Art Escobedo, Sergio Rosas,
Aaron Zamarripa, Hart Ponder, Shawn Kilpatrick, Deborah Schwartz, and
Cyril Snake.
X. CONSENT CALENDAR
A. MINUTES of the Regular Redevelopment Agency Meeting of June 23, 2005.
Rec: Approve as presented.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant
Nos. 261 RDA, 265RDA, 262-Housing, 265-Housing, and 263HA.
Rec: Approve as presented.
C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for
the Month Ending May 2005 (Joint Consideration with the Palm Desert
City Council).
Rec: Receive and file.
D. REQUEST FOR APPROVAL of Firms to be Included in the Investment
Banking Pool for the City of Palm Desert and the Palm Desert
Redevelopment Agency (Joint Consideration with the Palm Desert
City Council and the Palm Desert Financing Authority).
Rec: By Minute Motion, approve the recommended firms, as listed on the
accompanying staff report, to be included in the Investment Banking
Pool for the City and the Redevelopment Agency bond issuance.
E. CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA #4, Minutes for
the Meeting of May 16, 2005.
Rec: Receive and file.
F. REQUEST FOR AUTHORIZATION to Award a Contract for Demolition of the
One-story Structure Located at 44-215 San Pascual Avenue (Contract
No. R23810).
Rec: By Minute Motion: 1) Authorize award of the subject contract to
Vizion's West, Inc., Quail Valley, California, in the amount of $8,900;
2) authorize appropriation of said funds from Unobligated Project Area
No. 1 for this demolition project.
G. REQUEST FOR AUTHORIZATION to Award a Contract for Professional Civil
Engineering Services for Well Site Bat the Desert Willow Golf ResortFirecliff
Course (Contract No. R23970).
Rec: By Minute Motion: 1) Authorize award of the subject contract to The
Keith Companies, Palm Desert, California, in an amount not to
exceed $19,000, plus reimbursable expenses in an amount not to
exceed $1,500, for the well site improvements at Desert Willow Golf
Resort; 2) authorize the Director of Finance to set aside the amount
of $1,900 as 10% contingency (use of contingency requires additional
action); 3) authorize the Chairman to execute the contract —funds are
available in Account No. 851-4663-454-4001.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
H. REQUEST FOR APPROVAL of Southern California Edison (SCE) Work
Order No. 6879-7110, 47121 for Frank Sinatra Drive Utility Undergrounding.
Rec: By Minute Motion: 1) Authorize approval of the SCE Invoice in the
amount of $13,851 for the Frank Sinatra Utility Undergrounding
project on the north side of Frank Sinatra Drive from Portola Avenue
to Cook Street; 2) authorize the Director of Finance to appropriate
$13,851 from Account No. 851-4255-464-4001 for this purpose.
I. REQUEST FOR APPROVAL of Construction Change Order No. 4 to
Contract No. R19540A — Construction of a New Visitor Information Center
(VIC) at Entrada del Paseo.
Rec: By Minute Motion, approve Construction Change Order No. 4 in an
amount not to exceed $43,343.97 to the subject contract with WDL
Construction, Palm Desert, California, for increasing the scope of
contract work to include construction of a trash and recyclable
materials enclosure to serve the VIC and the future Henderson
Community Building at Entrada del Paseo, plus performing
miscellaneous extra work associated with construction of the VIC.
J. REQUEST FOR APPROVAL of Construction Change Order No. 1 to
Contract No. R23070 — Construction of the Catalina/Pueblos Community
Room.
Rec: By Minute Motion: 1) Approve Construction Change Order No.1 in the
amount of $8,707.70, ratifying approval of Proposal 01 in the amount
of $1,908.90 and Proposal 08 in the amount of $6,798.80 with no time
extensions, to the subject contract with Commercial Diversified, Inc.,
Twentynine Palms, California; 2) authorize the Director of Finance to
transfer $8,707.70 from contingency to base for the subject project.
K. REQUEST FOR APPROVAL of Out -of -State Travel for the Urban Land
Institute Workshop in Seattle, Washington.
Rec: By Minute Motion, approve the subject travel request for the
Redevelopment Manager to attend the Workshop on pro forma
modeling to be held August 8-9, 2005 — funds are available in
Account No. 850-4195-466-3120.
L. INFORMATIONAL REPORT on Entrada del Paseo Project Costs.
Rec: Receive and file.
Upon motion by Spiegel, second by Ferguson, the Consent Calendarwas approved
as presented by a 5-0 vote.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
None
XIII. NEW BUSINESS
A. CONSIDERATION OF REQUEST BY CALIFORNIA STATE UNIVERSITY,
SAN BERNARDINO - PALM DESERT CAMPUS, FOR ITS PHASE III
FUNDRAISING CAMPAIGN.
FRED JANDT (Dean of the Palm Desert Campus) made a presentation
relative to seeking the City's participation in funding the Health Sciences
Building at California State University, San Bernardino - Palm Desert
Campus. He noted the third phase of the campus was focused on Health
Science and Nursing; a successful program had begun in that area, and this
building would make it possible to extend that reach and direct the need into
that area. He said the request was for the City of Palm Desert's participation
in the amount of $4.5 million.
MR. RICHARD OLIPHANT, 77-900 Avenue of States, Palm Desert, thanked
the City for its past efforts in helping to get the campus off the ground with
the contribution of land, and thanked the Council/Agency Board for its
consideration in helping the campus further with funding for the third phase.
He noted that they were very close in getting this building funded and asked
that Council/Agency Board approve the City's participation.
Vice Chairman Ferguson said he and Dean Jandt had discussed some time
ago the possibility of, as part of this request, modifying the City's agreement
with Cal State to reduce the threshold number from 25,000 students enrolled
to some unspecified number yet to be decided. He asked whether there was
still an opportunity if the City were to move forward with negotiating a funding
agreement with Cal State. Mr. Jandt responded affirmatively.
Member Spiegel moved to, by Minute Motion, approve the $4.5 million commitment,
payable over three years, and name the building after Palm Desert.
Member Benson said while she agreed with the $4.5 million funding, she felt
a committee should look at the naming of the building, even though she
agreed the City should have the right to name it.
Chairman Crites said he felt strongly enough about the issue to vote against
the appropriation if it was tied in to naming of the building.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
Member Kelly said he felt the City should have the right to name the building
rather than a committee.
Vice Chairman Ferguson pointed out that the way he read the
recommendation, it was to negotiate a funding agreement and tend to issues
such as landscaping of the open area, the naming opportunity, etc. He said
he would also like to see that 25,000 student number come down so that the
school has a shot at becoming a freestanding campus in the near future.
Mr. Ortega stated that because the proposal was to use Redevelopment
Agency money, the Board could not actually award the funding at this time;
however, staff would recommend that an agreement be brought back to the
Agency Board as a public hearing item.
DR. ALBERT KARNIG, President of Cal State, San Bernardino, said that not
only was the 25,000 renegotiable, it was an irresponsible number and must
be much lower. He also thanked the City Council, on behalf of the
University, for its thoughtfulness, its long-term perspective in serving the
entire Coachella Valley, and its fundamental philanthropy demonstrated
throughout his years with the University.
Vice Chairman Ferguson said the existing ten-year agreement with Cal State
was done some time ago and would be coming due in two years. As part of
the modification of that agreement, he suggested consideration of extending
the time within which the University has exclusive rights for development.
Member Spiegel noted that Parks & Recreation had been working with a
group of individuals who want to provide a place for children to play football
because there is currently no such place. Football cannot be played on the
City's soccer field because both sports occur at the same time each year,
and the soccer field would be tom up. In addition, football cannot be played
on a baseball field. He said there was a possibility that Cal State would have
some land it would not need for a long time. The individuals he had been
working with would grade, pay for insurance, and do all the things necessary
so that children can use it to play football.
Vice Chairman Ferguson noted that the City had initially set aside 200 acres
for this project. With planning issues with the California State Architect and
other such things, the City deeded over 50 acres to Cal State and said it
would hold the balance of 150 acres for ten years and kind of take a "wait
and see" approach. It has now been seven years, and the City has seen
plenty, with the University at the point of getting its last building done. He
said he would be very comfortable refreshing that Memorandum of
Understanding (MOU) to recognize current realities of the City's relationship
and make it more modern and up to date. He suggested that staff be
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
directed to update the MOU as well as to develop a funding agreement for
the $4.5 million.
Member Spiegel amended his motion to, by Minute Motion, authorize staff to:
1) Prepare the appropriate funding agreement and necessary documents for contributing
$4.5 million to CSUSB-Palm Desert- Health Sciences Building, including reserving naming
rights for said building, and return it to the Agency Board for approval; 2) return to the
Agency Board with an amendment to the existing agreement to bring it current with present
conditions (i.e., reduced student number threshold, extension of time for exclusive
development rights, etc.). Motion was seconded by Kelly and carried by a 5-0 vote.
B. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY AT
75-455 WILDFLOWER LANE (APN 634-062-028-1) FOR THE PURPOSE
OF RETAINING AFFORDABILITY COVENANTS AND RESALE.
Member Kelly moved to, by Minute Motion: 1) Authorize acquisition of the subject
property for the purpose of retaining affordability covenants and resale, if necessary, in
anticipation of the expiration of the 60-day Right of Refusal period; 2) approve a Silent
Second Trust Deed in an amount necessaryto secure an affordable housing cost pursuant
to Redevelopment Law for either a direct sale or Agency sale; 3) authorize the Executive
Director to execute any documents necessary to facilitate this transaction — funds are
available in the Housing Set -aside fund. Motion was seconded by Ferguson and carried
by a 5-0 vote.
C. REQUEST FOR AUTHORIZATION TO ENTER INTO CONTRACT FOR
CONSULTING ARCHITECTURAL SERVICES AT 77-107 CALIFORNIA
AVENUE (CONTRACT NO. R23980).
Member Spiegel moved to, by Minute Motion: 1) Authorize staff to enter into the
subject contract with Prest Vuksic Architects, Palm Desert, California, for: a) Consulting
Architectural Services at 77-107 California Avenue in an amount not to exceed $75,300,
based on the proposal, allowances, and hourly rates in Exhibit "A"; b) Architectural
Construction Observation in an amount not to exceed $48,000; c) authorize an allowance
to Prest Vuksic for civil engineering in the amount of $48,300; d) authorize an allowance
for reimbursable costs in the amount of $12,000; 2) authorize the Chairman to execute said
contract. Motion was seconded by Kelly and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF CONTRACTS FOR REDEVELOPMENT
CONSULTING SERVICES.
Member Kelly asked whether these were retainer fees. Mr. McCarthy
responded that they were not retainer fees and were service contracts
against which the amounts would be charged. The Agency Board was being
asked to approve up to $30,000 for each of the contracts.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
Vice Chairman Ferguson moved to, by Minute Motion: 1) Authorize award of a
contract to Keyser Marston Associates, Inc., in an amount not to exceed $30,000 (Contract
No. R23990A); 2) authorize award of a contract to Rosenow Spevacek Group, Inc., in an
amount not to exceed $30,000 (Contract No. R23990B); 3) authorize award of a contract
to REASCO in an amount not to exceed $30,000 (Contract No. R23990C); 4) authorize the
Chairman to execute said contracts. Motion was seconded by Benson and carried by a
5-0 vote.
E. REQUEST FOR APPROVAL OF AN AGREEMENT FOR DEVELOPMENT
OF AFFORDABLE HOUSING ON A 20-ACRE SITE LOCATED ADJACENT
TO HOVLEY GARDENS AT MERLE DRIVE/42ND AVENUE (CONTRACT
NO. R23390).
Member Benson noted that she, Member Kelly, Lauri Aylaian, and
Cathy Walker had last week traveled to Oxnard to look at some of the
housing projects done by this developer and met with Oxnard's Mayor,
Mayor Pro Tern, and Housing Coordinator. The projects were well-done, and
the president of one of the homeowners associations stated how pleased
they were with this firm, its work, and its commitment to the community.
Member Spiegel asked where the City would stand with regard to meeting
its requirements under the Regional Housing Needs. Housing Authority
Administrator Janet Moore responded that this will actually assist the City in
meeting those requirements.
Member Kelly moved to, by Minute Motion, consider and approve the subject
agreement between the Palm Desert Redevelopment Agency and Comdyn PD, LLC,
Santa Monica, California, for fee developer services for Agency -owned property located
in the City of Palm Desert for the development of affordable housing consisting of
infrastructure, 27 senior rental units, and 94 single-family homes, and authorize the
Executive Director to finalize the agreement and the Agency Chair to execute same.
Motion was seconded by Spiegel and carried by a 5-0 vote.
F. REQUEST FOR AUTHORIZATION TO EXECUTE A 90-DAY EXCLUSIVE
NEGOTIATING AGREEMENT FOR DEVELOPMENT OF A RESTAURANT
AT ENTRADA DEL PASEO (CONTRACT NO. R24010).
Member Kelly moved to, by Minute Motion, approve the subject 90-day Exclusive
Negotiating Agreement with owners of La Spiga Restaurant to sell them approximately
0.6 acres at Entrada del Paseo for development of a high -end Italian restaurant. Motion
was seconded by Spiegel and carried by a 5-0 vote.
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
G. CONSIDERATION OF A REIMBURSEMENT AGREEMENT WITH
PONDEROSA HOMES II, INC., SARES-REGIS GROUP, AND RILINGTON
DOLCE, LLC (CONTRACT NOS. R24020A-C).
Member Kelly moved to, by Minute Motion, direct staff to draft said reimbursement
agreement with each of the named entities and return them to the Agency Board for
approval. Motion was seconded by Spiegel and carried by a 5-0 vote.
H. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT
NO. HA23010A FOR ARCHITECTURAL SERVICES AT LAGUNA PALMS
APARTMENTS (JOINT CONSIDERATION WITH THE PALM DESERT
HOUSING AUTHORITY).
Mr. Ortega reviewed the staff report and recommendation.
Housing Authority Member Spiegel moved to: 1) By Minute Motion, assign the
contract and remaining balance of the original Contract No. HA23010A to the
Redevelopment Agency, Account No. 870-4481-464-4001, from the Housing Authority,
Account No. 871-8610-466-4001, and authorize the City Clerk to so notify contractor.
Motion was seconded by Kelly and carried by a 5-0 vote.
Redevelopment Agency Member Spiegel moved to: 2) By Minute Motion: a) Accept
Contract No. HA23010A from the Housing Authority; b) approve Change Order No. 1 in an
amount not to exceed $36,000 to said contract with Prest Vuksic, Inc., Palm Desert,
California, for additional architectural services needed for Laguna Palms Apartments —
funds are available in the FY 2005/06 Capital Improvement Budget, Account
No. 870-4481-464-4001; c) authorize additional reimbursables of $2,000; d) authorize the
Chairman or his designee to execute all documents necessary to implement the
assignment and Change Order request. Motion was seconded by Kelly and carried by a
5-0 vote.
XIV. CONTINUED BUSINESS
None
XV. OLD BUSINESS
None
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
XVI. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A LEASE AGREEMENT BETWEEN
DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE PALM DESERT
REDEVELOPMENT AGENCY FOR THE PURPOSE OF FACILITATING A
PRESCHOOL PROGRAM AT THE WALLAROO CHILDREN'S CENTER
LOCATED AT 44-911 CABRILLO AVENUE (CONTRACT NO. R24030).
Mr. Ortega reviewed the staff report and recommendation.
Senior Management Analyst Catherine Walker gave a brief summary of the
staff report and offered to answer any questions.
Chairman Crites declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request. With no testimony offered, he declared the
public hearing closed.
Vice Chairman Ferguson moved to, by Minute Motion: 1) Approve a Lease
Agreement by and between the Desert Sands Unified School District and the Palm Desert
Redevelopment Agency for the Preschool Program at the Wallaroo Children's Center;
2) authorize the Chairman to execute such Lease Agreement and necessary documents.
Motion was seconded by Benson and carried by a 5-0 vote.
XVII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION
A. EXECUTIVE DIRECTOR
None
B. AGENCY COUNSEL
None
C. CHAIRMAN AND MEMBERS OF THE AGENCY
None
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PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2005
XVIII. ADJOURNMENT
With Agency Board concurrence, Chairman Crites adjourned the meeting at
8:22 p.m. to Wednesday, July 20, 2005, at 9:00 a.m.
ATTEST:
BUFORD A. CRITES, CHAIRMAN
RACHELLE D. KLASSEN, SECRETARY
PALM DESERT REDEVELOPMENT AGENCY
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