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HomeMy WebLinkAboutPRELIM - RDA - 03/09/06PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, MARCH 9, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Ferguson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Member Jean M. Benson Member Buford A. Crites Vice Chairman Richard S. Kelly Member Robert A. Spiegel Chairman Jim Ferguson 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Doug Van Gelder, Director of Information Systems Mark D. Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A - (Closed Session Items) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: None PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 9, 2006 Upon a motion by Crites, second by Spiegel, and 5-0 vote of the Agency Board, Chairman Ferguson adjourned the meeting to Closed Session of the City Council at 3:01 p.m. He reconvened the meeting at 4:01 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 - Member Buford A. Crites VIL INVOCATION -Vice Chairman Richard S. Kelly Vill. ORAL COMMUNICATIONS - B MR. PAT MICHAUD, resident of Acacia Drive, addressed the Agency Board/City Council about cars parking all up and down his street and the cut -through traffic experienced there every weekend during the Street Fair, now that it's on the northwest corner of the College of the Desert campus. He felt it was out of control and asked for help in addressing what he believed was not only an inconvenience but a safety hazard. He said he's already talked to Gene Marchu from the College as well as the City's Mark Greenwood, and he's also had the Police Department at his home the past three weekends. Chairman/Mayor Ferguson responded that staff would be looking into the matter and trying to find°a solution as soon as possible. He asked Mr. Michaud to be sure to leave his telephone number so that he could also be contacted for further information. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION ON PROPOSITION 42 FROM LEAGUE OF CALIFORNIA CITIES REPRESENTATIVE DAVID WILLMON. Mr. Willmon provided an update, advising that yesterday the California Infrastructure Coalition staged a press conference in the Coachella Valley, and he thanked Vice Chairman/Mayor Pro Tern Kelly for welcoming their speakers to the Valley. He said although it was a light press turnout, there was some coverage in The Desert Sun, an interview was provided for Channel 12 - Univision, there would also be an article to appear in the next El lnformador, and KPSI ran an interview with League Executive Director Chris McKenzie. He said it was also noticed in the newspapers, 2 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 9, 2006 blogs, Internet communications, and other daily publications that focus on the Capitol and happenings in Sacramento. He went on to thank the City of Palm Desert for being a signer on the Federal Telecom letter, and he noted that this issue would be a topic of discussion at the upcoming National League of Cities Conference and in meetings with Members of Congress. Additionally, he acknowledged the City's efforts regarding Community Development Block Grant (CDBG) Funds; while the cuts in CDBG would be disastrous for cities, Palm Desert has been in front of the issue. Lastly, he talked about the Secretary of State's Status Report on initiatives, the most recent dated March 2, with two propositions qualified for the June Ballot and one for the November Ballot. Two initiatives were pending raw count signatures and 51 initiatives are in circulation; 13 initiatives were pending at the Attorney General's Office. With regard to the eminent domain issue, he said there were four initiatives, two circulated by the Howard Jarvis Organization and Senator Tom McClintock; one is independently generated, and one has just gone into circulation sponsored by Anita Anderson. He said the McClintock Measure, identified by the Secretary of State as Item 1187, and the Anderson Measure are the two being watched most closely by the League currently. He went on to say that he'd discussed the Proposition 42 fixed Ballot Measure with City Legislative Analyst, Pat Scully, and there was also a sample resolution that the League encouraged the City to adopt in support of the Proposition 42 fix that closes the provision allowing the State to declare a fiscal emergency and claim Prop. 42 monies, which are rightfully for local government. He said only in Fiscal Year 2005/06 has the Governor fully funded Prop. 42, which hadn't occurred since its passage in 2002. He left materials for staff and the Agency Board/City Council to review, including the sample resolution in support of Proposition 42. Responding to Member/Councilman Kelly's question about Prop. 42 and the recent State of the State address, Mr. Willmon agreed that the Governor had committed to not signing anything that would divert those funds. He went on to say that the Governor's Strategic Growth Plan within the State Budget Proposal submitted in January includes a closure of the loophole for Prop. 42; however, the League didn't believe it would survive legislative scrutiny. As an insurance policy, Transportation California, the Alliance for Jobs, California Infrastructure Coalition, and many other like organizations have proposed to close the loophole by ballot measure if necessary. X. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meeting of February 23, 2006. Rec: Approve as presented. 3 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 9, 2006 B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 172RDA, 174RDA, 178RDA, 172-Housing, 175-Housing, and 179-Housing. Rec: Approve as presented. C. REQUEST FOR RATIFICATION of Professional Services Agreement for Evaluation of Country Village Apartments (Contract No. R24980). Rec: By Minute Motion, ratify the subject professional services agreement with Interactive Design Corporation, Palm Springs, California, in the amount of $15,000 for services including the evaluation of and recommendations concerning renovation or replacement of Country Village Apartments located at the corner of Washington Street and Avenue of the States — funds are available in Account Nos. 870-4195-466-3092 and 854-4195-466-3092. D. REQUEST FOR RATIFICATION of Professional Services Agreement to Study Costs and Technical Feasibility of Renovating Electrical Systems, Lighting, Irrigation, Landscaping, etc., on El Paseo (Contract No. R24990). Rec: By Minute Motion, ratify the subject agreement in an amount not to exceed $24,500, including reimbursables, with Stantec Consulting, Inc., Palm Desert, California, fortechnical studies related to electrical engineering, civil engineering, irrigation, and landscaping elements necessary for renovating the medians and public right-of-way along El Paseo — funds are available in Account No. 850-4195-466-3092. E. CONSIDERATION of the Request for Subcontractor Withdrawal and a Substitution for the Construction of Palm Village Apartments (Contract No. R21780). Rec: By Minute Motion, approve withdrawal of subcontractor The Allison Company, Fontana, California, and the substitution of De Soto Pipeline Construction, Moreno Valley, California, for underground utilities work related to the subject contract with Taylor Frager, Inc., Temecula, California. Upon motion by Spiegel, second by Kelly, and 5-0 vote of the Agency Board, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 9, 2006 XII. RESOLUTIONS None XIII. NEW BUSINESS A. CONSIDERATION OF SUPPLEMENTAL RESOLUTIONS DESIGNATING THE PALM DESERT HOUSING AUTHORITY AS THE OPERATOR OF AGENCY -OWNED HOUSING PROJECTS (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Housing Authority Administrator Janet Moore explained that the resolutions clarified a couple of issues that were left unaddressed in previous versions regarding how shortfalls would be covered; they would be covered strictly from the low -mod income housing fund (the 20%). Further, she said they also designated any future acquisitions by the Agency as being operated by the Authority. Responding to question, she confirmed the Agency currently owned approximately 1,000 apartments. Member Spiegel moved to waive further reading and adopt Redevelopment Agency Resolution No. 517, supplementing its resolutions designating the Palm Desert Housing Authority as the operator of certain Agency -owned Rental Housing Projects in the City of Palm Desert. Motion was seconded by Benson and carried by 5-0 vote. Member Spiegel moved to waive further reading and adopt Housing Authority Resolution No. HA-29, acknowledging and accepting its designation by the Palm Desert Redevelopment Agency as the operator of certain Agency -owned Rental Housing Projects in the City of Palm Desert. Motion was seconded by Benson and carried by 5-0 vote. B. REQUEST FOR ADOPTION OF RESOLUTIONS APPROVING PAYMENT BY THE REDEVELOPMENT AGENCY FOR ALL OR A PART OF THE COST OF THE INSTALLATION AND CONSTRUCTION OF FREEDOM PARK (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Yrigoyen stated that the resolutions provided ability to fund the next item on the Agenda, construction of Freedom Park, with Project Area No. 2 funds, and made a finding of benefit to that Project Area. Member/Councilman Spiegel moved to waive further reading and adopt:1) Redevelopment Agency Resolution No. 518, approving payment by the Agency for all or a part of the cost of the installation and construction of Freedom Park; 2) City Council Resolution No. 06-29, approving payment by the Palm Desert Redevelopment Agency for all or a part of the cost of the installation and construction of Freedom Park. Motion was seconded by Kelly and carried by 5-0 vote. 5 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 9, 2006 XIV. CONTINUED BUSINESS None XV. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF FREEDOM PARK (CONTRACT NO. R23210, PROJECT NO. 713-00) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Ortega commented that now that the Agency Board/City Council had authorized the Agency to pay for the cost, staff was recommending award of the construction contract and appropriation of funding. Member/Councilman Spiegel stated that the Park was badly needed in this area of the City, and he moved to, by Minute Motion: 1) Authorize award of the subject contract to James E. Simon Company, Indio, California, in the amountof$9,769,276 ($7,186,115from Project Area No. 4 and $2,338,961 from Project Area No. 2) and authorize the Chairman to execute same; 2) authorize the Director of Finance to set aside a 5% contingency in the amount of $488,464 from Project Area No. 2 (use of contingency requires additional action); 3) approve an appropriation of $244,200 from Public Works Unobligated Fund 232, Zone 3 Drainage; 4) approve an appropriation of $2,827,425 from Project Area No. 2 Unobligated Project Funds. Motion was seconded by Kelly. Responding to question, Parks Maintenance Supervisor Jay Niemczak said groundbreaking was anticipated by early next month, with completion in fall 2006. Chairman/Mayor Ferguson called for the vote, and the motion carried 5-0. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO.2 TO CONTRACT NO. R21780 — CONSTRUCTION OF PALM VILLAGE APARTMENTS. Member Benson moved to, by Minute Motion: 1) Approve Construction Change Order No. 2 in the amount of $92,327.87 and 17 additional days to the subject contract with Taylor Frager, Inc., Temecula, California; 2) authorize the Director of Finance to transfer $92,327.87 from contingency to base for the subject project. Motion was seconded by Kelly and carried by a 5-0 vote. 1.1 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 9, 2006 XVI. PUBLIC HEARINGS A. CONSIDERATION OF THE CITY OF PALM DESERT'S CONVEYANCE OF A SINGLE-FAMILY DWELLING LOCATED AT 74-065 GOLETA AVENUE, APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., RELATING THERETO, AND AUTHORIZATION FOR REIMBURSEMENT OF ACQUISITION COST BY THE REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Ortega stated that before the Agency could transfer property, it needed to be the subject of a public hearing. He said in this case, two actions were being approved, one by the Agency and one by the City, and staff was available for questions. Housing Authority Administrator Janet Moore noted that members of the Habitat For Humanity of the Coachella Valley Board of Directors were present today, as was the founder of the local Habitat Chapter, and she said they wanted to briefly address the Agency Board/City Council. MS. TERESA LA ROCCA, member of the Board of Habitat For Humanity of the Coachella Valley, Inc., and on its behalf expressed sincere appreciation to the Agency Board/City Council for its continued support of all of Habitat's efforts. She said they looked forward to this project, with Jerry Cole as its manager. Chairman/Mayor Ferguson declared the public hearing open and invited testimony SUPPORTING or OPPOSING the matter. With no public testimony offered, he declared the public hearing closed. Member/Councilman Spiegel moved to: 1) By Minute Motion, approve a Disposition and Development Agreement, substantially as to form, conveying the property located at 74-065 Goleta Avenue by the City of Palm Desert to Habitat For Humanity for the purpose of rehabilitating a single-family residential property to be made available to a very low or low income family with the condition that Habitat For Humanity enter into an Affordable Housing Restriction and Lien Agreement with the Palm Desert Redevelopment Agency; 2) by Minute Motion, authorize the Mayor or his designee to execute all necessary documents to facilitate the transfer; 3) waive further reading and adopt City Council Resolution No. 06-30, accepting reimbursement bythe Redevelopment Agencyforthe cost of acquisition by the City for certain real property located at 74-065 Goleta Avenue in the Cityof Palm Desert; 4) waive further reading and adopt Redevelopment Agency Resolution No. 519, approving reimbursement by the Agency for the cost of the acquisition by the City for certain real property located at 74-065 Goleta Avenue (APN 625-022-005) in exchange for the requirement with Habitat For Humanity to record an affordability restriction for the period of 45 years in favor of the Palm Desert Redevelopment Agency; 5) by Minute rl PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 9, 2006 Motion, appropriate $200,905 plus any transfers or closing costs to Account No. 870-4492-464-4001 for reimbursement from the Agency; 6) by Minute Motion, authorize the Chairman or his designee to execute all necessary documents to facilitate the transfer. Motion was seconded by Kelly and carried by 5-0 vote. B. REQUEST FOR APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN PALM DESERT REDEVELOPMENT AGENCY AND C V FOOD SERVICE, INC., d.b.a. LA SPIGA, AND THE RELATED SUMMARY REPORT (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Economic Development Manager Ruth Ann Moore reviewed the request for approximately one-half acre of property in the southwest corner of Tract Map No. 30226 (Entrada del Paseo). She said the developer, C V Food Service, Inc., was proposing to build a high -end Italian restaurant, approximately 4,500 square feet with an outdoor patio for dining and outdoor gardens encircled by a wall that will allow for hosting private events. She said the terms of the agreement involved the Agency's sale of a parcel with utilities installed to the parcel boundaries; the Agency will also construct parking and landscaping around the parcel and will maintain the area between it and the parcel planned for the Henderson Community Building. Terms were similar to those with Cuistot at Entrada del Paseo in 2003. She went on to say that the developer here will construct a fine dining restaurant, featuring Italian cuisine that will be open a minimum of five days per week, eight and one-half months per year, with the potential of also serving lunch at some time in the future. Additionally, she said the developer would pay common area maintenance fees for landscaping and parking on a prorated basis. She noted that a financial analysis for the agreement was included in the staff report. In response to question, she estimated there would be seating for 100 people. Chairman/Mayor Ferguson declared the public hearing open and invited testimony SUPPORTING or OPPOSING the subject request. With no public testimony offered, he declared the public hearing closed. Member/Councilmember Benson moved to waive further reading and adopt: 1) City Council Resolution No. 06-31, approving the sale by the Palm Desert Redevelopment Agency to C V Food Service, Inc., of approximately 0.53 acres of real property on a parcel located between Painter's Path, Highway 111, the Palm Valley Storm Channel, and west El Paseo; 2) Redevelopment Agency Resolution No. 520, approving the sale to C V Food Service, Inc., of approximately 0.53 acres of real property on a parcel located between Painter's Path, Highway 111, the Palm Valley Storm Channel, and west El Paseo. Motion was seconded by Spiegel and carried by vote of 5-0. 1*1 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 9, 2006 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 XVIII. ADJOURNMENT Upon a motion by Crites, second by Spiegel, and 5-0 vote of the Agency Board, Chairman Ferguson adjourned the meeting at 5:18 p.m. ATTEST: JIM FERGUSON, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY E