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Home My WebLink AboutPrelim - RDA - 01/08/09PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, JANUARY 8, 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 3:03 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: Justin McCarthy, Interim 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 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 Steve Brooker, Battalion Chief, Palm Desert Fire/Riverside Co. Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Fire Dept./Cal Fire Sheriff's Dept. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 8, 2009 1) Property: APN 627-092-005 Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Jeffrey D. Bancroft Under Negotiation: x Price x Terms of Payment 2) Property: APN 627-092-007 (73-341 San Benito Circle) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Donna M. Matson Under Negotiation: x Price x Terms of Payment 3) Property: APN 627-092-008 (73-361 San Benito Circle) Negotiating Parties: Agency: Justin McCarthy/Martin Alvarez/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Lucia Rodriguez Under Negotiation: x Price x Terms of Payment 4) Property: APN 627-122-003 (73-805 Santa Rosa Way) Negotiating Parties: Agency: Justin McCarthy/Janet Moore/Martin Alvarez/ Palm Desert Redevelopment Agency Property Owner: Natalee Cartier Other Parties: Bernard Investment Group, Inc. Under Negotiation: x Price x Terms of Payment On a motion by Ferguson, second by Spiegel, and 5-0 vote of the Agency Board, Chairman Spiegel adjourned the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 2 � v . -, +ate PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 8, 2009 VI. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meetings of November 27, 2008, December 11, 2008, and December 25, 2008; and the Continued Adjourned Regular Joint Meeting of the Palm Desert City Council and Palm Desert Redevelopment Agency of November 24, 2008. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 98RDA, 128RDA, 130RDA, 133RDA, 135RDA, 76-Housing, 98-Housing, 128-Housing, 131-Housing, 136-Housing, 132HA, and 137HA. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months of September 2008 and October 2008 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. D. CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA #4 Meeting Minutes of October 20, 2008. Rec: Receive and file. E. REQUEST FOR DETERMINATION that Planning and Administrative Costs Incurred During the 2007-2008 Fiscal Year Are Necessary for the Production, Improvement, and/or Preservation of Low- and Moderate -Income Housing. Rec: By Minute Motion, determine that: 1) Planning and general administrative expenses associated with the development, improvement, and preservation of low- and moderate -income housing and paid for with moneys in the Housing Fund for Fiscal Year 2007-2008 were necessary for such production, improvement, and preservation; and were not disproportionate to the rest of the expenditures of the Agency for the production, improvement, and/or preservation of low- and moderate -income housing; 2) Planning and general administrative expenses incurred were directly related to the Agency's production, improvement, and/or preservation of low- and moderate -income housing. 3 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 8, 2009 F. REQUEST FOR AUTHORIZATION for the Redevelopment Agency Chairman to Execute a Quitclaim Deed Conveying Various Parcels Within the Entrada del Paseo Project from the Agency to the City of Palm Desert (Joint Consideration with the Palm Desert City Council). Rec: By Minute Motion, authorize the Redevelopment Agency Chairman to execute a Quitclaim Deed conveying various Entrada del Paseo Parcels to the City of Palm Desert and the City to accept same. Upon a motion by Finerty, Second by Kelly, and 5-0 vote of the Agency Board, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None Vill. RESOLUTIONS None IX. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS OF THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY, AMENDING THEIR FISCAL YEAR 2008-2009 BUDGETS, RESPECTIVELY (JOINT CONSIDERATION WITH THE PALM DESERT HOUSING AUTHORITY). Member Benson moved to, waive further reading and adopt: 1) Redevelopment Agency Resolution No. 554, amending the Fiscal Year 2008-2009 Budget as a result of Mid -year Adjustments; 2) Housing Authority Resolution No. HA-39, amending the Fiscal Year 2008-2009 Budget as a result of Mid -year Adjustments. Motion was seconded by Finerty and carried by a 4-0 vote. X. CONTINUED BUSINESS None 0 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 8, 2009 XI. OLD BUSINESS A. REQUEST FOR APPROVAL OF FIFTH AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT WITH AMERICAN INVESTMENT PALMS TO PINES EAST LLC (CONTRACT NO. R19820). Responding to question, Senior Management Analyst Catherine Walker said the various costs for each phase was set in the Second Amendment, and Mr. Glasser would not be able to exceed those current amounts, so there would be no additional costs. Member Ferguson asked what was the need for the Fifth Amendment. Ms. Walker replied that Mr. Glasser had exceeded his contractual time line to submit appropriate materials and back up to receive payment, and in doing so, the agreement dissolved. Approval would reinstate the Agreement and allow Mr. Glasser the ability to submit various forms of payment and any additional necessary materials to be considered by the Agency for reimbursement. Further responding, she said the Agency received a public parking easement that served the central business district in that area, Pines to Pines East. Vice Chairman Finerty moved to, by Minute Motion: 1) Approve the Fifth Amendment for improvements to the property pursuant to the Owner Participation Agreement between the Redevelopment Agency and American Investment Palms to Pines East LLC; 2) authorize the Chairman to execute the Amendment incorporating the changes — funds are available in Account No. 850-4435-464-4001. Motion was seconded by Kelly and carried by a 5-0 vote. XII. PUBLIC HEARINGS None XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL None 5 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 8, 2009 C. CHAIRMAN AND MEMBERS OF THE AGENCY None XIV. ADJOURNMENT Upon a motion by Kelly, second by Ferguson, and 5-0 vote of the Agency Board, Chairman Spiegel adjourned the meeting at 5:18 p.m. ATTEST: ROBERTA. SPIEGEL, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY R