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HomeMy WebLinkAboutPRELIM - RDA - 12/13/07-�L[ � D P. AF T PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, DECEMBER 13, 2007 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chairman Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Excused Absence: Vice Chairman Jean M. Benson Member Cindy Finerty Member Jim Ferguson Member Robert A. Spiegel Chairman Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Jeffrey S. Ballinger, Assistant City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Russell Grance, Director of Building & Safety Bo Chen, City Engineer Lauri Aylaian, Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Doug Van Gelder, Director of Information Systems Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs John Rios, Battalion Chief, Palm Desert Fire/Riverside Co. Fire/Cal Fire Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2007 III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 637-042-001; 637-051-001; 637-051-002; 637-061-001 Negotiating Parties: Agency: Justin McCarthy/Janet Moore/City of Palm Desert Palm Desert Redevelopment Agency Property Owner: Palm Desert Spe, LLC Under Negotiation: x Price x Terms of Payment 2) Property: APNs 622-022-089; 627-071-015 Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Foundation for the Retarded/ Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 3) Property: 44-870 San Antonio Circle Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment Upon a motion by Spiegel, second by Ferguson, and 4-0 vote of the Agency Board, with Finerty ABSENT, Chairman Kelly adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:06 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None Note: Upon returning to the regular City Council Meeting, Mayor Pro TemNice Chairman Benson had been appointed Mayor/Chairman for the coming year, and Councilman/Member Spiegel had been appointed to serve as Mayor Pro TemNice Chairman. K PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING VI. CONSENT CALENDAR DECEMBER 13, 2007 ALL MATTERS LISTED ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE ROLL CALL VOTE. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS MEMBERS OF THE REDEVELOPMENT AGENCY OR AUDIENCE REQUEST SPECIFIC ITEMS BE REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION AND ACTION UNDER SECTION VII, CONSENT ITEMS HELD OVER. OF THE AGENDA. A. MINUTES of the Regular Meeting of the Redevelopment Agency of November 8, and November 22, 2007. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 116RDA, 121 RDA, 123RDA, 126RDA, 128RDA, 132RDA, 117-Housing, 120-Housing, 124-Housing, 126-Housing, 129-Housing, 133-Housing, 118HA, 125HA, and 134HA. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS AND INVESTMENT REPORT for September 2007 and October 2007 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. D. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. R26600A - Henderson Community Building. Removed for separate consideration under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. E. REQUEST FOR APPROVAL of the 2008 Master Consultants List (Joint Consideration with the Palm Desert City Council and the Palm Desert Housing Authority). Rec: By Minute Motion: 1) Approve the 2008 Master Consultants List of Qualified Professional Services Consultants for services valued less than $25,000; 2) authorize staff to negotiate agreements and contract amendments with qualified consultants listed therein, and City Manager/Executive Director to execute same; 3) approve the proceedings for selection and award of contracts as set forth in the staff report as authorized by Section 3.32.090 of the Palm Desert Municipal Code. 3 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2007 F. INFORMATIONAL REPORT - Costs Associated with Palm Desert Country Club Undergrounding Project. Removed for separate consideration under Section VI I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Vice Chairman Spiegel requested Item F be removed for separate consideration and Member Ferguson requested Item D be removed for separate consideration. Upon a motion by Spiegel, second by Ferguson, and 4-0 vote of the Agency Board, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER D. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. R22600A - Henderson Community Building. Member Ferguson asked for the status of this project. He said it was the longest construction project in the City's history. Vice Chairman Spiegel agreed. He said Barbara DeBoom had been very patient, but it was running out. Project Coordinator Missy Wightman responded the problems started when the City got rid of the sub -contractor that was non -performing. There was also a problem with the mix design in trying to get the structural capabilities with the color the architect wanted. The contractor was also having significant problems with the schedule. Upon further question, she said the project was expected to be completed mid March 2008. Member Ferguson asked if staff was getting near the end of the change orders on this project. Ms. Wightman responded a heat pump was being added and it may add some cost to the building. It is feared the mechanical design may not hold up to the maximum capacity of the buildings occupied. Member Ferguson asked if staff had a revised total cost on what this project will cost as opposed to when it was originally awarded. Ms. Wightman responded the project had not over expended its contingency, because in one of the first change orders there was a credit to the original contract. 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2007 Member Ferguson noticed the report stated the revised contract total was $4,615 million. Mr. McCarthy added the Henderson Building was unique because of its architecture, and the architect specified a very unique material. There was only one individual in the Valley that could perform it and that individual had to be released from the project. This was the primary cause of the delays. Upon further question, he said the primary contractor was attempting to address the issue and stated he would perform even though he was having difficulties. Ms. Wightman stated someone was on board performing the shotcrete, and it was about 75% complete; only the east side remained to shotcrete. Member Ferguson moved to, by Minute Motion: 1) Approve Change Order No. 3 in the amount of $47,945.85 to the subject contract with Steton Construction Group, Brea, California; 2) authorize the Director of Finance to transfer said funds from contingency to base for the project. Motion was seconded by Spiegel and carried by a 4-0 vote, with Finerty ABSENT. F. INFORMATIONAL REPORT - Costs Associated with Palm Desert Country Club Undergrounding Project. Vice Chairman Spiegel stated this item referred to the utility lines in the Palm Desert Country Club area. If approved, it would then go to vote by the residents. RDA/Housing Finance Manager Arla Scott responded the engineering study would need to be conducted first. Mr. McCarthy clarified this was a receive and file item. He said once the City received strong bids from Southern California Edison on what the engineering design would cost, the result would be presented to Council for approval and that would trigger the process to move forward. Vice Chairman Spiegel moved to, by Minute Motion receive and file. Motion was seconded by Kelly and carried by a 4-0 vote, with Finerty ABSENT. Vill. RESOLUTIONS None PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2007 IX. NEW BUSINESS A. REQUEST FOR AUTHORIZATION OF ACTIONS RELATED TO THE FALCON CREST PHASE II DEVELOPMENT (CONTRACT NO. R23390) WITH COMDYN PD, LLC FOR BOTH THE FALCON CREST AND LA ROCCA VILLAS PROJECTS - RELEASE OF PERFORMANCE BOND ASSOCIATED WITH PHASE II OF THE FALCON CREST, NOT AFFECTING THIRD PARTY RIGHTS, ACCEPT THE 10% MAINTENANCE BOND, AND ACCEPTANCE AND EXECUTION OF QUITCLAIM AND ASSIGNMENT. Mr. Ortega noted phases of the project were being released as they are completed. Vice Chairman Spiegel moved to, by Minute Motion, that the Agency Board authorize the Executive Director to execute the following: 1) Accept Phase II (Lots 30-45, inclusive, Lots 51-58, inclusive, and Lots 89-94) at Falcon Crest; 2) release the Performance Bond No. 1000750765 for Phase II, not affecting third party rights; 3) accept 10% Maintenance Bond No. 1000750765 for Phase II; 4) authorize Executive Director to accept and execute the Quitclaim and Assignment. Motion was seconded by Kelly and carried by a 4-0 vote, with Finerty ABSENT. B. REQUEST FOR APPROVAL OF FINAL RELOCATION PLAN FOR THE ALESSANDRO ALLEY WIDENING PROJECT. Mr. Ortega stated the plan outlined the procedures taken to relocate occupants whether they are tenants or owners. By law this plan needed to be adopted. Upon further question, he said people that did not want to be relocate, the matter would be brought back for Council to deal with and provided with options to take. However, this item had nothing to do with that type of situation. Vice Chairman Spiegel moved to, by Minute Motion, that the Agency Board approve the Final Relocation Plan for the Alessandro Alley Widening project. Motion was seconded by Kelly and carried by a 4-0 vote, with Finerty ABSENT. X. CONTINUED BUSINESS None XI. OLD BUSINESS None 6 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2007 XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR 1) Update - Presidents Plaza Parking Structure Feasibilitv Studv Mr. McCarthy stated staff was requesting a schedule of a study session for February 14, 2008, to present and discuss the parking situation. With Agency Board concurrence, Study Session was scheduled for February 14, 2008. Staff to notify the Agency Board with the time of the Study Session. B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None XIV. ADJOURNMENT Upon a motion by Spiegel, second by Kelly, and 4-0 vote of the Agency Board, with Finerty ABSENT, Chairman Benson adjourned the meeting at 5:25 p.m. ATTEST: JEAN M. BENSON, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 7