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Home My WebLink AboutPrelim - RDA - 11/12/09DRAFT PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, NOVEMBER 12, 2009 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chairman Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Member Jean M. Benson Member Jim Ferguson Vice Chairman Cindy Finerty Member Richard S. Kelly Chairman Robert A. Spiegel Also Present: John M. Wohlmuth, City Manager/RDA Executive Director David J. Erwin, City Attorney Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Bo Chen, City Engineer Russell Grance, Director of Building & Safety Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: ,! A PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 2009 1) Property: 42135 Kansas Street (APN 637-033-001), Palm Desert Negotiating Parties: Agency: Justin McCarthy/Mark Greenwood/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Fannie Mae/Brian Barr, Broker Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-130-015 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Barracuda, LLC Under Negotiation: x Price x Terms of Payment 3) Property: APN 628-130-008 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: David Nelson Under Negotiation: x Price x Terms of Payment 4) Property: APN 628-120-005 Negotiating Parties: Agency: John M. Wohlmuth/Lauri Aylaian/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Roger Snellenberger Under Negotiation: x Price x Terms of Payment NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. 5) Property: 74-572 King Fisher Circle, Palm Desert (APN 624-440-012) Negotiating Parties: Agency: Justin McCarthy/Janet Moore/ Palm Desert Redevelopment Agency Property Owner: Irene M. Hernandez Under Negotiation: x Price x Terms of Payment On a motion by Ferguson, second by Finerty, and 5-0 vote of the Agency Board, Chairman Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. 2 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR NOVEMBER 12, 2009 A. MINUTES of the Regular Redevelopment Agency Meeting of October 22, 2009. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos.98RDA, 100RDA, 104RDA, 98-Housing, 101-Housing, 105-Housing, and 106HA. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of June 2009, July 2009, and August 2009 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. D. CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO.4 Minutes. 1. Meeting of August 17, 2009. 2. Meeting of September 21, 2009. Rec: Receive and file. E. REQUEST FOR APPROVAL of Deposit Payment to Time Warner Cable in an Amount Not to Exceed $9,626 for Engineering Design Services for the Palm Desert Country Club Undergrounding Project. Rec: By Minute Motion, authorize payment of a deposit to Time Warner Cable in an amount not to exceed $9,626 — funds are available in Account No. 854-4256-464-4001 - Palm Desert Country Club Undergrounding. 3 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 2009 F. REQUEST FOR APPROVAL, of Amendment No. 2 to Contract No. R24310A — With Overland, Pacific & Cutler for Additional Services for the Alessandro Alley Improvements Project. Rec: By Minute Motion, authorize: 1) Amendment No. 2 in an amount not to exceed $5,000 to the subject contract with Overland, Pacific & Cutler, Palm Desert, California, for additional services for the Alessandro Alley Improvements Project; 2) Director of Finance to transfer $5,000 from contingency (Account No. 850-4341-433-4001) to base for the Amendment; 3) Chairman to execute said Amendment — funds are available in Account No. 850-4341-433-4001. Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the Agency Board, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY KNOWN AS 43980 BLUEBERRY LANE (APN 634-061-027) - DESERT ROSE - PALM DESERT. Councilman Ferguson 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 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 Account No. 870-4492-464-4001. Motion was seconded by Finerty and carried by a 5-0 vote. n D !R A F T PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 2009 B. REQUEST FOR AUTHORIZATION. TO AWARD CONTRACT TO THE LOWEST RESPONSIBLE BIDDER FOR THE DESERT WILLOW ENTRY LANDSCAPING PROJECT (CONTRACT NO. R29300). Councilman Kelly moved to, by Minute Motion: 1) Authorize the Chairman to execute the subject contract in an amount not to exceed $30,000 with the lowest responsible bidder for the Entry Landscaping Project at Desert Willow, subject to bid results of November 10, 2009; 2) authorize the Director of Finance to set aside the amount of $3,000 as 10% contingency (use of contingency requires additional action); 3) appropriate $33,000 from Unobligated Project Area No. 2 Funds - Desert Willow Parking Lot Improvements to Account No. 851-4663-454-4015. Motion was seconded by Finerty and carried by a 5-0 vote. Mr. Wohlmuth noted the bids were just opened and staff needed to report on the bid opening. Project Coordinator Heather Buck stated on Tuesday, November 10, 2009, the two bids submitted were publicly opened and read as follows: First contractor was Lippert Construction with a base bid price of $29,332 and alternative price of $16,789.65; the contractor is located in La Quinta, California. The second contractor was Doug Wall Construction with a base bid price of $39,247 and alternative price of $20,959; the contractor is located in Bermuda Dunes California. Staff reviewed the bid bonds and documents required to be submitted and recommended award of contract to Lippert Construction, La Quinta, California, in the amount of $29,332. Constructions of the project will be completed within fourteen days after the issuance of the Notice to Proceed. Mayor Spiegel asked if the contractors knew the amount could not exceed $30,000. Ms. Buck answered no. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. X. CONTINUED BUSINESS None XI. OLD BUSINESS None 5 DR,AFT PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 2009 XII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE FIVE-YEAR IMPLEMENTATION PLAN FORTHE PALM DESERT REDEVELOPMENT AGENCY'S PROJECT AREAS, ADOPTING THE AFFORDABLE HOUSING PRODUCTION PLAN, AND MAKING FINDINGS APPROVING THE AGGREGATION OF NEW OR SUBSTANTIALLY REHABILITATED DWELLING UNITS AMONG THE PROJECT AREAS. Ms. Moore stated the Agency by Redevelopment Law was required to adopt an Implementation Plan everyfive years. This was the fourth Implementation Plan, and it must include the goals and objective of each project area and the progress made. It also identified the affordable Housing Compliance Plan as well, which included what the Agency had accomplished and what it intended to do. The projects listed are not all funded; however, they are identified in the event the Council wished to undertake any of those project during that period, but they must be listed in the Implementation Plan in order for the Agency to spend Redevelopment funds. Chairman Spiegel declared the public hearing open and invited anyone wishing to address the Agency on this matter to come forward at this time. With no public testimony offered, he declared the public hearing closed. Vice Chairman Finerty moved to waive further reading and adopt Resolution No. 566, adopting a Five-year Implementation Plan for the Agency's Redevelopment Project Areas, adopting the Affordable Housing Production Plan, and making findings approving the aggregation of new or substantially rehabilitated dwelling units among the Project Areas. Motion was seconded by Kelly and carried by a 5-0 vote. XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 2009 XIV. ORAL COMMUNICATIONS - C None XV. ADJOURNMENT Upon a motion by Ferguson, second by Finerty, and 5-0 vote of the Agency Board, Chairman Spiegel adjourned the meeting at 6:50 p.m. ATTEST: ROBERTA. SPIEGEL, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 7