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HomeMy WebLinkAboutPRELIM - RDA - 08/24/06PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, AUGUST 24, 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 Vice Chairman Richard S. Kelly Member Robert A. Spiegel Chairman Jim Ferguson Also Present: Homer Croy, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Frankie Riddle, Director of Special Programs John Garcia, Engineering Manager Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF 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: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 1) Property: APNs 637-170-003, -004, and -007 Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/ Palm Desert Redevelopment Agency Property Owner: Paula Turner / Desert Pacific Properties Raymond Hill A/J C Trust Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 1 With Agency Board concurrence, Chairman Ferguson adjourned the meeting to Closed Session at 3:01 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 - Member Jean M. Benson VII. INVOCATION - Member Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MS. CRIS ROMERO of Coachella, CA, addressed the Agency Board/City Council on behalf of the Retired and Senior Volunteer Program (RSVP). She presented a symbolic check in the amount of $291,155, which represented 16,590 donated hours in the community by their 253 volunteers. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE COSTCO PALM DESERT FOR ITS GENEROUS DONATION TO LINCOLN ELEMENTARY SCHOOL. On behalf of the Agency Board/City Council, Chairman/Mayor Ferguson presented an engraved plaque to representatives from Costco Palm Desert for their generous donation of 756 backpacks full of school supplies to each Lincoln Elementary School student. He further congratulated Costco for their community spirit and involvement. 3 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 MS. NELDA ESMERELDA, Principal of Lincoln Elementary School, commented that their all -day pre -registration event was underway currently where students were presented with and were very excited to receive the backpacks. B. PRESENTATION TO RECOGNIZE SERGEANT VERN JAKSCH OF THE PALM DESERT POLICE DEPARTMENT. On behalf of the Agency Board/City Council, Chairman/Mayor Ferguson presented Sgt. Jaksch with an engraved platter, recognizing his 17 years of service to the Palm Desert Police Department. He noted that his intimate involvement with City officials during planning sessions for traffic teams and special events had been invaluable. C. PRESENTATION TO RECOGNIZE JAMES RON FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS LIBRARY PROMOTION COMMITTEE. Mr. Ron was unable to be attend today's meeting for the presentation. D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE - JULY 2006. Chairman/Mayor Ferguson and Acting City Manager Homer Croy recognized Ryan Gayler for going above and beyond the call of duty for the past several months in the Public Works Department. X. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meetings of July 13, 2006, July 27, 2006, and August 10, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 271 RDA, 275RDA, 2RDA, 3RDA, 5RDA, 9RDA, 12RDA, 15RDA, 17RDA, 23RDA, 25RDA, 29RDA, 32RDA, 272-Housing, 276-Housing, 3-Housing, 6-Housing, 10-Housing, 13-Housing, 18-Housing, 21-Housing, 26-Housing, 30-Housing, 33-Housing, 273HA, 277HA, 7HA, 19HA, 27HA, and 34HA. Rec: Approve as presented. 12 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 C. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the La Spiga Civil Improvements at Entrada del Paseo (Contract No. R25590). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. D. REQUEST FOR AUTHORIZATION to Reject All Bids Received for the Rehabilitation of Lake #3 at the Desert Willow Golf Resort (Contract No. R25340). Rec: By Minute Motion, reject all bids received for the subject project. E. REQUEST FOR RATIFICATION of a Professional Services Agreement for Site Utilization and Configuration Studies of the Country Village Apartment Site and Proximate Parcels (Contract No. R25600). Rec: By Minute Motion, ratify the subject agreement with Interactive Design Corporation, Palm Springs, California, in the amount of $24,500 plus $400 in reimbursable expenses —funds are available in Account Nos. 870-4195-466-3092 and 854-4195-466-3092. F. REQUEST FOR AUTHORIZATION to Award Contract for Geotechnical Consulting Services During Construction of Freedom Park (Contract No. R23210C). Rec: By Minute Motion: 1) Award the subject contract to Sladden Engineering, Palm Desert, California, in an amount not to exceed $17,600; 2) allocate said amount from the Freedom Park Construction contingency — Account No. 851-4670-454-4001. G. REQUEST FOR RATIFICATION of the Executive Director's Approval of the Construction and Conveyance of an Extension of the Commercial Domestic Water and Sanitation Systems at Entrada del Paseo to the Coachella Valley Water District (Contract No. R25610). Rec: By Minute Motion, ratify the Executive Director's approval of the Commercial Domestic Water and/or Sanitation Installation Agreement between the Coachella Valley Water District and the Palm Desert Redevelopment Agency. 5 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 H. REQUEST FOR RATIFICATION of Professional Services Agreement for Landscape Design Services for the Site Surrounding the Future La Spiga Restaurant (Contract No. R25620). Rec: By Minute Motion, ratify the subject agreement with Randy Purnel Landscape Architects, Rancho Mirage, California, in an amount not to exceed $7,150 — funds are available in Account No. 850-4358-433-4001. REQUEST FOR RATIFICATION of Professional Services Agreement for Coordination of Dry Utilities for the Future La Spiga Restaurant, Henderson Community Building, and the Surrounding Site at Entrada del Paseo (Contract No. R25630). Rec: By Minute Motion, ratify the subject agreement with Stantec Consulting, Inc., Palm Desert, California, in an amount not to exceed $10,450 (including reimbursables) — funds are available in Account No. 850-4358-433-4001. J. REQUEST FOR RATIFICATION of Professional Services Agreement for Inspection and Quality Control Services at the Palm Village Apartments Project (Contract No. R21780A). Rec: By Minute Motion, ratify the subject agreement with Harris & Associates, Palm Desert, California, in an amount not to exceed $24, 500. K. REQUEST FOR APPROVAL of Amendment No. 5 to Contract No. R22730 for Civil Engineering Services at La Rocca Villas. Rec: By Minute Motion: 1) Authorize Amendment No. 5 in an amount not to exceed $25,000 to the subject contract with MSA Consulting, Rancho Mirage, California, for production of engineering and construction documents for the removal and replacement of a deteriorated CVWD (Coachella Valley Water District) irrigation line and the design and engineering of a temporary access road; 2) authorize the Chairman to execute the Amendment — funds are available in Account No. 870-4698-466-4001. 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R24710 — Trenching and Laying of Conduit for the Underground Dry Utilities at Laguna Palms Apartments (HCI, Inc., Norco, 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 a motion by Member Spiegel, second by Vice Chairman Kelly, and 4-0 vote of the Agency Board, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF AMENDING THE FISCAL YEAR 2005/06 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Vice Chairman/Mayor Pro Tem Kelly moved to, by Minute Motion: Waive further reading and adopt: 1) City Council Resolution No. 06-115, amending the Fiscal Year 2005/06 City Budget as a result of Year-end Adjustments; 2) Redevelopment Agency Resolution No. 532, amending the Fiscal Year 2005/06 Redevelopment Agency Budget as a result of Year-end Adjustments. Motion was seconded by Benson. Member/Councilman Spiegel noted the City's budget was mentioned in the morning newspaper. He said the final figures from last year indicated the City of Palm Desert exceeded revenue projections by $4 million in General Funds and that expenses were down, resulting in a substantial increase to the City. Motion carried by a 4-0 vote. 7 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 B. REQUEST FOR APPROPRIATION FROM THE CITY'S AND AGENCY'S UNOBLIGATED FUNDS FOR THE PROPOSED REMODEL OF THE REDEVELOPMENT LOBBY AND THE CONFERENCE ROOMS LOCATED IN THE PUBLIC WORKS AND PLANNING DEPARTMENTS, THE CITY COUNCIL OFFICE AREA, AND THE NORTH WING (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). In response to Vice Chairman/Mayor Pro Tem Kelly's question, Ms. Sheila Gilligan said applicants can sit in the lobby to fill out employment application; they are provided with a clipboard to write on. A desk inside the office was also available if they preferred sitting down at a desk. She stated space was limited, but she had not heard of any complaints. Member/Councilman Spiegel moved to, by Minute Motion, authorize appropriation of the following for the subject projects: 1) $78,616.50 from the City's Unobligated Funds to Account No. 110-4159-415-4040; 2) $39,308.25 from the Agency's Unobligated Funds to Account No. 850-4195-466-4040; 3) $39,308.25from the Agency's Unobligated Housing Set -aside Funds to Account No. 870-4195-466-4040. Motion was seconded by Benson and carried by 4-0 vote. C. REQUEST FOR APPROVAL OF THE PURCHASE OF AND APPROPRIATION OF MONIES FOR MODULAR FURNITURE SYSTEM FOR THE OPEN OFFICE AREAS IN THE CITY HALL NORTH WING (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Member/Councilman Spiegel moved to, by Minute Motion: 1) Approve the purchase of a modular furniture system for the open office area in the North Wing of City Hall by authorizing a purchase order in the amount of $61,372 to Total Plan Business Interiors, Inc., Riverside, California; 2) authorize the appropriation of $18,411.60 from the City's Unobligated Funds to Account No. 110-4159-415-4040; 3) authorize the appropriation of $21,480.20 from the Agency's Unobligated Funds to Account No. 850-4195-466-4040; 4) authorize the appropriation of $21,480.20 from the Agency's Unobligated Housing Set - aside Funds to Account No. 870-4195-466-4040; 5) authorize the Director of Finance to set aside an additional amount of $6,137.20 as 10% contingency ($1,841.16 from Account No. 110-4159-415-40407 $2,148.02 from Account No. 850-4195-466-4040, and $2,148.02 from Account No. 870-4195-466-4040) (use of contingency requires additional action). Motion was seconded by Benson and carried by a 4-0 vote. 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 D. REQUEST FOR APPROPRIATION OF ADDITIONAL FUNDS AS AUTHORIZED BY THE AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND COMDYN PD, LLC, FOR FEE DEVELOPER SERVICES FOR AGENCY -OWNED PROPERTY (CONTRACT NO. R23390). Member Benson moved to, by Minute Motion: 1) Appropriate $1,245,490.88 from Unobligated Housing Set -aside Funds to Account No. 870-4698-466-4001 for additional funds authorized by the Agreement between the Palm Desert Redevelopment Agency and ComDyn PD, LLC, Santa Monica, California; 2) ratify execution of the related document by the Executive Director. Motion was seconded by Spiegel. In response to Chairman Ferguson's question, Senior Management Analyst Catherine Walker said this item was the Falcon Crest and La Rocca Villas Development project. Mayor Ferguson called for the vote, and the motion carried by a 4-0 vote. E. REQUEST FOR AUTHORIZATION FOR ACQUISITION OF PROPERTY LOCATED AT 75-454 ORANGE BLOSSOM LANE (APN 634-062-004) - DESERT ROSE - PALM DESERT. Vice Chairman 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 necessary to 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 Spiegel and carried by a 4-0 vote. F. REQUEST FOR AUTHORIZATION FOR ACQUISITION OF PROPERTY LOCATED AT 75-475 WILDFLOWER LANE (APN 634-062-032) - DESERT ROSE - PALM DESERT. Vice Chairman 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 necessary to 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 Spiegel and carried by a 4-0 vote. 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 G. REQUEST FOR AUTHORIZATION TOAWARD CONTRACT FOR TESTING AND INSPECTION SERVICES FOR CONSTRUCTION OF THE HENDERSON COMMUNITY BUILDING (CONTRACT NO. R22600C). Vice Chairman Kelly moved to, by Minute Motion: 1) Authorize award of the subject contract to Earth Systems Southwest, Bermuda Dunes, California, in the amount of $73,801; 2) authorize the Director of Finance to set aside the amount of $7,380 as 10% contingency (use of contingency requires additional action); 3) authorize the Executive Director to execute said agreement — funds are available in Account No. 850-4358-433-4001. Motion was seconded by Spiegel and carried by a 4-0 vote. Member Benson noted the Henderson Building Groundbreaking was attended by the largest crowd she'd ever witnessed for that type of event. H. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT FOR DESIGN SERVICES FOR THE ADDITION OF A BALL FIELD AT FREEDOM PARK (CONTRACT NO. R23210D). Vice Chairman Kelly said he thought there wasn't going to be lighting at this park. Councilman Spiegel stated the City Council decided not to build one of the baseball fields in orderto provide additional recreational area, butthe middle school and high school were closing down fields due to remodeling. An additional field was necessary for the next couple of years for the Little League group. Once construction is complete, it may go back to a recreational area, but on a temporary basis, it was needed for baseball. Parks & Recreation Services Manager Janis Steele agreed with Councilman Spiegel. She said the City currently has four ball fields. Once the high school begins their construction, the City would lose three. The addition of the third one at Freedom Park will keep the City even with the same number of ball fields it currently has. Member Benson asked if there was a time element when lights were to be turned off. Ms. Steele stated that the same ordinance would be followed as for the rest of the City unless directed otherwise; whenever possible, the lights are politely turned off at 9.00 p.m., rather than the10.00 p.m. limit. She agreed with Chairman Ferguson that if there was a problem with the time, it will be dealt with then. Vice Chairman Kelly moved to, by Minute Motion: 1) Authorize award of the subject contract to David Evans and Associates, Ontario, California, in an amount not to exceed 10 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 $39,633 and authorize the Chairman to execute same; 2) allocate said amount from the Freedom Park Construction contingency, Account No. 851-4670-454-4001. Motion was seconded by Benson and carried by a 4-0 vote. REQUEST FOR AUTHORIZATION TO EXTEND CONTRACT FOR THE OPERATION OF THE EL PASEO COURTESY CART SERVICE (CONTRACT NO. R21802). Vice Chairman Kelly moved to, by Minute Motion: 1) Authorize a one-year extension of the subject contract with Rite Rate Business Solutions, Palm Desert, California, in an amount not to exceed $188,000 for an 11-month period, September 1, 2006, through July 31, 2007; 2) authorize the Director of Finance to set aside the total amount of $18,000 as 10% contingency (use of contingency requires additional action); 3) authorize an additional $10,000 for renovation of the carts and general maintenance upkeep; 4) appropriate an additional $91,000 to Account No. 850-4416-414-3681 to cover additional operation and maintenance repair; 5) authorize the Chairman to execute said contract. Motion was seconded by Spiegel and carried by a 4-0 vote. XIV. CONTINUED BUSINESS None XV. OLD BUSINESS A. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BY AND BETWEEN RANCHO HOUSING ALLIANCE AND THE PALM DESERT REDEVELOPMENT AGENCY, AND APPROVE THE CERTIFICATE OF COMPLETION FOR THE SUBJECT DDA. Vice Chairman Kelly moved to, by Minute Motion: 1) Approve First Amendment to the subject DDA to revise the limitation on sales price; 2) authorize the City Clerk to file a Certificate of Completion for the rehabilitation of the home at 74-047 San Marino Circle; 3) authorize the Chairman to execute the Amendment and Certificate of Completion. Motion was seconded by Benson and carried by a 4-0 vote. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO 4 TO CONTRACT NO. R21780 — CONSTRUCTION OF THE PALM VILLAGE APARTMENTS. Vice Chairman Kelly moved to, by Minute: 1) Approve Change Order No. 4 in the amount of $75,235 to the subject contract with Taylor Frager, Inc., Temecula, California, with the addition of nine (9) days to the contract time for said construction; 2) authorize the 11 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 2006 Director of Finance to transfer said funds from contingency to base for the project, Account No. 870-4349-433-4001. Motion was seconded by Benson and carried by a 4-0 vote. XVI. PUBLIC HEARINGS None 12 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 24, 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 With Agency Board concurrence, Chairman Ferguson adjourned the meeting at 5:35 p.m. ATTEST: JIM FERGUSON, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 13