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HomeMy WebLinkAboutPrelim - RDA - 11/18/2010DRAFT PRELIMINARY MINUTES - ADJOURNED REGULAR - PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, NOVEMBER 18, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Chairman Finerty convened the meeting at 3:00 p.m. II. ROLL CALL Present: Member Jean M. Benson Vice Chairman Jim Ferguson arrived at 3:30 p.m. Member William R. Kroonen Member Robert A. Spiegel Chairman Cindy Finerty 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 Lauri Aylaian, Director of Community Development Paul S. Gibson, Director of Finance Janet M. Moore, Director of Housing Mark Greenwood, Director of Public Works Frankie Riddle, Director of Special Programs Sam Szymanski, Plan Check Manager 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. Grace L. Mendoza, Deputy City Clerk PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) 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 Upon a motion by Kroonen, second by Benson, and 4-0 vote of the Agency Board, with Ferguson ABSENT, Chairman Finerty adjourned the meeting to Closed Session at 3:00 p.m. She 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 VI. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meetings of October 28, 2010, and November 11, 2010. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 97RDA, 102RDA, 104RDA, 106RDA, 111 RDA, 98-Housing, 100-Housing, 103-Housing, 104-Housing, 107-Housing, 11 2-Housing, 99HA, 108HA, and 113HA. Rec: Approve as presented. PRELIMINARY MINUTES ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING DRAFT NOVEMBER 18, 2010 C. CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO.4 Minutes for the Meeting of August-16, 2010. Rec: Receive and file. D. REQUEST FOR AUTHORIZATION for Conveyance to the City the Southerly 27.0-foot Portions of 44-870 San Antonio Circle and of Vacant Lot 98 of Palma Village Unit No. 7 (APN 627-092-006) for the Alessandro Alley Improvement Project Right -of -Way (Joint Consideration with the Palm Desert City Council). Rec: By Minute Motion, authorize: 1) Mayor to execute Certificates of Acceptance of Grant Deeds conveying the southerly 27.0-foot portions of 44-870 San Antonio Circle and of vacant Lot 98 of Palma Village Unit No. 7 (APN 627-092-006) for the Alessandro Alley Improvement Project Right -of -Way; 2) Chairman to execute Grant Deeds conveying the southerly 27.0-foot portions of 44-870 San Antonio Circle and of vacant Lot 98 of Palma Village Unit No. 7 (APN 627-092-006) for the Alessandro Alley Improvement Project Right -of -Way; 3) staff to reimburse the Agency using Housing Set - aside Funds for the remainder portion of 44-870 San Antonio Circle if it is determined that the property qualifies as low/moderate affordable housing. Approved 55=0. (See City Council Meeting Minutes, Section X - Consent Calendar). E. REQUEST FOR AUTHORIZATION for Conveyance to the Redevelopment Agency of the Remainder Portions, Excepting the Southerly 27.0-foot Portions Retained for the Alessandro Alley Improvement Project Right -of - Way, of 44-887 San Antonio Circle, 44-850 San Antonio Circle, 44-845 San Clemente Circle, 44-889 San Clemente Circle, Vacant Lot 108 of Palma Village Unit No. 7 (APN 627-074-013), and Vacant Lot 89 of Palma Village Unit No. 7 (APN 627-092-043) (Joint Consideration with the Palm Desert City Council). Rec: By Minute Motion, authorize: 1) Mayor to execute Grant Deeds conveying to the Redevelopment Agency the remainder portions, excepting the southerly 27.0-foot portions retained for the Alessandro Alley Improvement Project Right -of -Way, of 44-887 San Antonio Circle, 44-850 San Antonio Circle, 44-845 San Clemente Circle, 44-889 San Clemente Circle, vacant Lot 108 of Palma Village Unit No. 7 (APN 627-074-013) and vacant Lot 89 of Palma Village Unit No. 7 (APN 627-092-043); 2) Chairman to execute Certificates of 3 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 Acceptance for Grant Deeds conveying to the Redevelopment Agency the remainder portions, excepting the southerly 27.0-foot portions retained for the Alessandro Alley Improvement Project Right -of -Way, of 44-887 San Antonio Circle, 44-850 San Antonio Circle, 44-845 San Clemente Circle, 44-889 San Clemente Circle, vacant Lot 108 of Palma Village Unit No. 7 (APN 627-074-013) and vacant Lot 89 of Palma Village Unit No. 7 (APN 627-092-043). Approved 5_0. (See City Council Meeting Minutes, Section X - Consent Calendar). F. REQUEST FOR AUTHORIZATION for the City Clerk to Publish a Notice Inviting Sealed Bidsfor Perimeter Landscape Improvements atthe Northeast Corner of Larkspur Lane and Shadow Mountain Drive (Contract No. R30380). Rec: By Minute Motion, authorize the City Clerk to publish a Notice Inviting Sealed Bids for the subject project. G. REQUEST FOR AUTHORIZATION for the Executive Director to Assign the Redevelopment Agency Senior Management Analyst to Fill the City of Palm Desert's Vacant Seat on the Energy Consumers Advisory Committee for the Imperial Irrigation District. Rec: By Minute Motion, authorize the Executive Director to appoint the Redevelopment Agency Senior Management Analyst to fill the vacant seat on the Energy Consumers Advisory Committee (ECAC) for the Imperial Irrigation District (IID). Upon a motion by Spiegel, second by Kroonen, and 4-0 vote of the Agency Board, with Ferguson ABSENT on Items A, B, C, F and G, the remainder of the consent calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None Vill. RESOLUTIONS None rd PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 IX. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE DESERT WILLOW GOLF RESORT LAKEVIEW TERRACE EXPANSION PATIO FURNITURE TO DAVID MOORE & CO. IN AN AMOUNT NOT TO EXCEED $73,504.12 (CONTRACT NO. R2942013) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Redevelopment Manager Martin Alvarez stated his presentation will include an update on the aggressive schedule on projects undertaken this summer and outline where the projects are and where staff was headed with some of the upcoming purchases required to facilitate the opening of the two expansion projects. He provided photographs of the construction taking place for the Lakeview Terrace and kitchen expansion, which showed construction was 50% complete. He said the project was headed toward the final stretch to securing final inspections in the coming week. The terrace expansion will accommodate 150 additional seats, and the addition of the new canopy and an outdoor bar will allow for flexibility to host multiple outdoor events. He continued to show photographs of the exterior, outdoor fire pit and outdoor fireplace. With regard to the kitchen expansion, it was also 50% complete with rough mechanical, electrical, and plumbing was ongoing; roofing construction will start next week and the drywall of the interior will start soon. He went on to describe some interior features that included the new colonnade entrance, expanded bar, and dual fireplace; the clubhouse was being expanded 5,200 square feet to accommodate the demand for the Lakeview Terrace and existing facility. He said the next several items on the agenda were purchases that pertain to furniture fixtures and equipment. The current item is to award contract to David Moore & Company in the amount not to exceed $73,504.12 for the Desert Willow Lakeview Terrace patio furniture, which will outfit the bar, terrace, dining, fire pit, and fire place areas. Staff followed the City's bid process for these items and was recommending approval. Councilman/Member Spiegel questioned why the City received one bid with all the patio furniture vendors in the Coachella Valley. Mr. Alvarez stated staff solicited bids from across the desert area and advertised in the local newspaper. He said three to five vendors requested the bid documents, but only one was submitted. Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject contract to David Moore & Co., Rancho Mirage, California, in an amount not to exceed $73,504.12 for the Lakeview Terrace Patio Furniture at Desert Willow Golf Resort; 2) authorize the Mayor to execute said agreement — funds are available in the Desert 5 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 Willow Golf Course Maintenance Fund, Account No. 241-4195-495-8092. Motion was seconded by Kroonen and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT FOR DESERT WILLOW GOLF RESORT BANQUET FURNITURE IN AN AMOUNT NOT TO EXCEED $48,038.37 TO RW SMITH & CO. (CONTRACT NO. R29420C) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Councilmember/Member Benson pointed out that again no local vendor submitted a bid. Project Coordinator Heather Buck responded RW Smith & Company had a local office and staff did solicit bids locally through The Desert Sun. Further responding, she confirmed that no local vendor submitted a bid. Councilman/Member Spiegel noted the staff report indicates RW Smith & Company and William Peterson & Associates (WP&A) bids were both not responsive, and WP&A bid was for $8,000 less, yet staff recommended approval of RW Smith & Company. Mr. Erwin explained the low bidder (W P&A) proposed alternatives that were determined not to be equal to the specifications. Councilman/Member Spiegel moved to, by Minute Motion: 1) Waive minor bid irregularity for RW Smith & Co. not affecting the bid process; 2) award the subject contract in an amount not to exceed $48,038.37 to RW Smith & Co., San Diego, California; 3) authorize the Mayor to execute said contract —funds are available in Desert Willow Golf Course Maintenance Fund Account No. 241-4195-495-8092. Motion was seconded by Kroonen and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR THE DESERT WILLOW GOLF RESORT BAR FURNITURE TO THE LOWEST RESPONSIVE BIDDER (CONTRACT NO. R29450E) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Project Coordinator Heather Buck stated the Council should have received an update on the bid results, which indicated the City received five bids for the project. The lowest bidder left out one of the items and therefore deemed as non -responsive. Staff recommended award of contract to Desert Business Interiors, which is a local contractor. Further responding, she said the contract was for an amount not to exceed $42,750.53, which included the base bid for Alternate No. 1 (casters for the dining chairs), and authorize the Mayor to execute the agreement. N PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 MR. JASON CASON, stated he was the owner of Desert Business Interiors (DBI) and a local Palm Desert resident. He said he initially was intending to protest the bid award, but obviously he wasn't going to do that now, since staff was recommending award of contract to his business. He appreciated the fact that Ms. Buck and her team reviewed the bids and found a mistake. However, if the mistake hadn't existed, the contract would have been given to a company outside of the Coachella Valley in Ohio. He said he felt mislead by the manufacturer, because the five bidders could not beat the manufacturer's bid, which was his point. He's approached Mr. Greenwood and the Palm Desert Chamber of Commerce about keeping the bids' local. He said he also sold patio furniture, but he didn't read the Sunday paper, so he didn't see that bid notice. He would be happy to bid on any patio furniture, because he sold commercial furniture as well. He said the enclosed documents he had in his possession were about the City of Desert Hot Springs and City of Palm Springs that have an ordinance to give local vendors an extra 5% so they can beat others in San Diego, Los Angeles, and in this case, Ohio. He said "local" meant Coachella Valley cities between the Salton Sea on the south and the Santa Rosa Mountains on the west, and San Bernardino Mountains on the east and north. He asked the City Council to review those ordinances and noted the City of Indian Wells was now reviewing this matter as well. He said the Council had to keep businesses local for the Coachella Valley to stay alive. He said his employees worked here in Palm Desert, and his business can provide the same service as those in Ohio, San Diego, Las Vegas, etc. He hoped the Council will consider modifying its ordinance where local businesses would get a 5%, because sometimes the difference was only $100. He said DBI was local and can service the product and furniture; how would the manufacturer in Ohio come to Desert Willow to fix a broken chair. He appreciated the recommendation to award the contract to his business, but was hoping Palm Desert would change the way it conducted its bids. Councilman/Member Kroonen moved to, by Minute Motion: 1) Award the subject contract in an amount not to exceed $42,750.53 (Base Bid and Additive Alternate 1) to Desert Business Interiors, Rancho Mirage, California, for the bar furniture at Desert Willow Golf Resort; 2) authorize the Mayor to execute said contract — funds are available in the Desert Willow Golf Course Maintenance Fund Account No. 241-4195-495-8092. Motion was seconded by Benson and carried by a 5-0 vote. 7 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 D. REQUEST FOR AUTHORIZATION FOR EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT WITH ECOMOTION IN AN AMOUNT NOT TO EXCEED $63,175 TO ORGANIZE, PLAN, AND OPERATE A PALM DESERT AB 811 PROPERTY ASSESSED CLEAN ENERGY (PACE) CONFERENCE. Redevelopment Manager Martin Alvarez stated that since the passage of AB 811 (Property Assessed Clean Energy -PACE) in 2008, the City had been very active in the Energy Independence Program (EIP). To date the City had issued $5.5 million in loans for a total of 235 project for energy efficiency upgrades in Palm Desert. With the recent developments and statements issued by the Fair Housing Finance Agency (FHFA), which questioned the seniority lien or the position of the lien for the City's EIP loans and those issued through the PACE programs across the nation has placed a damper on the EIP loans as they have slowed down significantly. The Energy Subcommittee has directed staff to look at the feasibility of putting on another conference that will draw for national attention and other cities that were in the process of establishing AB 811 programs. Staff is proposing to contract with EcoMotion in the amount of $63,175. Staff proposed a budget that will allow recruitment of funds through participation, registration, and sponsorships that could be delivered from utility companies, cities, and counties that are interested in these types of programs. In general, staff was requesting authorization to proceed with the PACE Conference, and if authorized, it will be held in Palm Desert, preferably at UCR or one of the local areas that would accommodate this conference in the Spring of 2011. If significant sponsorships are established, the total exposure to the City could be anywhere between zero and $10,000 depending on the amount of revenue generated from registration and sponsorships. Further responding, he said this request would be funded through redevelopment dollars. Member Spiegel moved to, by Minute Motion: 1) Authorize Executive Director to enter into a contract with EcoMotion, Irvine, California, in an amount not to exceed $63,175 to organize, plan, and operate a City of Palm Desert AB 811 PACE Conference (Contract No. R30390); 2) establish a budget for estimated revenues to Account No. 850-0000-379-9900 - Misc. Rev -Other in the amount of $53,175 and appropriate $63,175 to the related Local Meetings Expense for the Energy Independence Program in Account No. 850-4511-442-3125. Motion was seconded by Benson and carried by a 4-0 vote, with Ferguson ABSENT. PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 E. REQUEST FOR AUTHORIZATION FOR THE CITY OF PALM DESERT TO WAIVE ALL COSTS ASSOCIATED WITH INSPECTIONS AND PERMIT ISSUANCE FOR THE METER PANEL UPGRADES REQUIRED AS PART OF THE PROPOSED PALM DESERT COUNTRY CLUB UNDERGROUNDING PROJECT IN AN AMOUNT NOT TO EXCEED $285,826. Responding to question, Senior Management Analyst Catherine Walker said the undergrounding for the Palm Desert Country Club has not reached a final balloting process. She said that as part of the City's outreach to the residents, staff conducted a number of community forums and waiving all costs associated with inspections and permit issuance for the meter panel upgrades was one of the questions asked as a community concern. Member Spiegel asked if the residents didn't approve the undergrounding, would the City still want to do the meter panel upgrades. Ms. Walker answered no, stating the meter panel upgrades are required as part of the undergrounding. In order to connect from the public improvement street to the home, the amps need to be upgraded. Therefore, if the residents did not approve the undergrounding, the City would not pursue this request. Member Spiegel moved to, by Minute Motion, approve the City of Palm Desert's waiver of all costs associated with inspections and permit issuance for the meter panel upgrades required as part of the proposed Palm Desert Country Club Undergrounding Project. Motion was seconded by Kroonen and carried by a 4-0 vote, with Ferguson ABSENT. X. CONTINUED BUSINESS None XI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE DESERT WILLOW GOLF RESORT KITCHEN EQUIPMENT PROJECT TO KAMRAN AND COMPANY, INC., IN AN AMOUNT NOT TO EXCEED $169,899.71 (CONTRACT NO. R29454D) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Responding to question, Project Coordinator Heather Buck stated only one bid was received, but it was not completely responsive. Therefore, staff 9 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 requested authorization to negotiate for the full scope of work with this sole bidder at a previous meeting. Further responding, she said the vendor was located in Santa Barbara, California. Councilman/Member Spiegel moved to, by Minute Motion: 1) Award the subject contract to Kamran and Company, Inc., Santa Barbara, California, in an amount not to exceed $169,899.71 for the Kitchen Equipment at Desert Willow Golf Resort; 2) authorize the Mayor to execute said contract; 3) appropriate $231,000 for non -fixed furniture, fixtures, and equipment associated with the Kitchen/Building Expansion to Desert Willow Golf Course Maintenance Fund 241 (Account No. 241-4195-495-8092) from Unobligated Golf Maintenance Fund 241. Motion was seconded by Kroonen. Councilman/Member Kroonen commented he had a nice trip around Desert Willow about ten days ago and urged his colleagues to go out and take a look, because there was a lot of exciting stuff happening with the construction. He's always been proud of Desert Willow, but the new additions will take everyone to a new level of pride; he appreciated all the work being done. Mr. Alvarez echoed Councilman/Member Kroonen's comments and invited the rest of the Councilmembers/Members on a group or individual tour. He said he could work with Secretary to the City Council Wilma Michelson to arrange some type of schedule. Ms. Klassen announced the motion carried by a 4-0 vote, with Ferguson ABSENT. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. R29420A WITH DAVISREED, INC., IN THE CUMULATIVE AMOUNT OF $70,025 FOR THE LAKEVIEW TERRACE EXPANSION PROJECT AT DESERT WILLOW GOLF RESORT. Redevelopment Manager Martin Alvarez stated the Lakeview Terrace project was essentially complete, but as with any type of renovation or expansion projects, staff encountered unforeseen conditions that had to be addressed in order to properly install and provide for code requirements. The proposed change order was a cumulative amount of $70,025, which included credits and deductions of $20,642. A complete breakdown of the unforeseen conditions, which included Americans with Disabilities Act (ADA) requirements and structural and electrical modifications were listed in the staff report. Responding to question, he said significant modifications were made, one of which was the relocation of a 12-inch irrigation mainline that was in the way of the proposed patio area. Member Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in the cumulative amount of $70,025 to the subject contract with DavisReed, Inc., 10 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 San Diego, California, for unforeseen site conditions and items not included in the original contract for the Lakeview Terrace Expansion at Desert Willow Golf Resort; 2) authorize the Chairman to execute said Change Order; 3) authorize the Director of Finance to transfer $70,025 from contingency to base for the project, Account No. 851-4663-454-4001. Motion was seconded by Kroonen and carried by a 4-0 vote, with Ferguson ABSENT. C. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. R29450C WITH THE PENTA BUILDING GROUP IN THE CUMULATIVE AMOUNT OF $148,026 FOR THE KITCHEN/BUILDING EXPANSION PROJECT AT DESERT WILLOW GOLF RESORT. Mr. Alvarez noted this was a change order for the kitchen expansion where unforeseen conditions were discovered. The total contract is for $2,880,000, but a 10% contingency was set aside to address any change orders in the amount of $288,000. The proposed change order is only 5%; therefore, contingency funds will still be available if other unforeseen conditions are discovered. He said a listing of the change order items are included in the staff report. Member Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 to the subject contract with The Penta Building Group, Palm Desert, California, in the cumulative amount of $148,026 for items not included in the original contract for the Kitchen/Building Expansion at Desert Willow Golf Resort; 2) authorize the Chairman to execute said Change Order; 3) authorize the Director of Finance to transfer $148,026 from contingency to base for the project, Account No. 851-4663-454-4001; 4) authorize the Executive Director to utilize a portion of the remaining contingency, if applicable, to accelerate the construction schedule and,recoup a 14-day schedule delay resulting from Change Order No. 1 items. Motion was seconded by Kroonen and carried by a 4-0 vote, with Ferguson ABSENT. XII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE PROPOSED SALE OF A PROPERTY LOCATED AT 75-435 WILDFLOWER LANE (APN 634-062-024), PALM DESERT, PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433(c). Ms. Moore stated whenever an agency held property was sold, it needed to be held in front of a public hearing to take public testimony before the sale takes place. She said the staff report identified the proposed terms and conditions of the sale. She offered to answer questions. 11 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 Chairman Finerty declared the public hearing open and invited public testimony FAVORING or OPPOSING this matter. With no public testimony offered, she declared the public hearing closed. Member Kroonen moved to: 1) Waive further reading and adopt Resolution No. 578, approving the sale of 75-435 Wildflower Lane (APN 634-062-024) to a qualified household of very low, low, or moderate income pursuant to the attached Purchase and Sale Agreement; 2) By Minute Motion, reaffirm the approved Silent Second Trust Deed in an amount necessary to secure an affordable housing cost for the qualified household pursuant to Redevelopment Law — funds are available in Account No. 870-4699-464-4001; 3) By Minute Motion, authorize the Executive Director to finalize and execute the Purchase and Sale Agreement and any ancillary documents related to the sale to qualified households of very low, low, or moderate income. Motion was seconded by Spiegel and carried by a 4-0 vote, with Ferguson ABSENT. 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 XIV. ORAL COMMUNICATIONS - C MS. BARBARA deBOOM, President/CEO of the Palm Desert Chamber of Commerce, wanted to ask the City Council about comments made earlier at this meeting about the different bids and out-of-town vendors. She was aware that the City did not have a local preference ordinance, but she wondered if the Chamber of Commerce could be contacted whenever a bid notice was issued, and they would notify Chamber Members to encourage some to do business here or at least be aware and be able to bid on projects. Member Benson said she thought the City had an ordinance to give local vendors a 6% or another type of advantage. Mr. Erwin responded that the City did not have such a provision. He recalled that it was a subject that has been discussed on and off for several years, believing it 12 PRELIMINARY MINUTES DRAFT ADJOURNED REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 18, 2010 first came up when S. Roy Wilson became Mayor, and City staff has continued to review the issue. For the City of Palm Desert, it is probably unenforceable; but it may be for the Coachella Valley. He went on to say that there is still some serious question; there is only one case that has really approved such a provision, and it is for the City and County of San Francisco, and in order to support their ordinance, they developed a number of other things that bidders located within the City and County were paying to those entities that people outside were not. There was a financial disadvantage, so to speak, and if the City of Palm Desert could show something of that nature, then it could probably have an enforceable provision. He offered to take another look at the issue and see if anything could be drafted to this end. Members Benson and Spiegel agreed that staff should take up the matter, and Member Spiegel provided a copy of Palm Springs Ordinance for reference, adding that he felt it should be placed on a future agenda. XV. ADJOURNMENT Upon a motion by Spiegel, second by Kroonen, and 4-0 vote of the Agency Board, with Ferguson ABSENT, Chairman Finerty adjourned the meeting at 5:48 p.m. ATTEST: CINDY FINERTY, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 13