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Home My WebLink AboutPrelim - RDA - 05/13/10DRAFT PRELIMINARY MINUTES -)il A REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, MAY 13, 2010 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. Agency Secretary Rachelle Klassen convened the meeting at 3:00 p.m. Due to the lack of a quorum, she immediately adjourned the meeting to 3:30 p.m. Chairman Finerty reconvened the meeting at 3:30 p.m. II. ROLL CALL Present: Member Jean M. Benson Vice Chairman Jim Ferguson arrived at 3:40 p.m. Member Richard S. Kelly 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 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 Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co. Grace L. Mendoza, Deputy City Clerk ADJOURN TO CLOSED SESSION Reauest for Closed Session: Dept./Cal Fire Sheriff's Dept. PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2010 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 2) 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 3) Property: APN 637-263-008 Negotiating Parties: Agency: John M. Wohlmuth/Justin McCarthy/Janet Moore/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: US Bank Under Negotiation: x Price x Terms of Payment With Agency Board concurrence, Chairman Finerty adjourned the meeting to Closed Session at 3:31 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 Meeting of April 22, 2010, and the Special Joint City Council, Redevelopment Agency, and Housing Authority Meetings of April 9, 2010, and April 26, 2010. Rec: Approve as presented. oil PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2010 B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 219RDA, 223RDA 226RDA, 228RDA, 220-Housing, 224-Housing, 226-Housing, 229-Housing, and 225HA. Rec: Approve as presented. C. CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO.4 Minutes for the Meeting of March 15, 2010. Rec: Receive and file. D. REQUEST FOR APPROVAL of Professional Architectural Services Contract Amendment No. 1 A and Ratification of Amendment No. 1 B to Contract No. R29420 with Smart Michael Siminoff Architects, Inc., in an Amount Not to Exceed $7,850 for the Desert Willow Lakeview Terrace Expansion Design Project. Rec: By Minute Motion: 1) Approve Professional Services Contract Amendment No. 1A ($2,100) and ratify Amendment No. 1 B ($5,750) to the subject contract with Smart Michael Siminoff Architects, Inc. (SMS), Irvine, California, in a total amount not to exceed $7,850 for additional architectural design services for the Lakeview Terrace Expansion at Desert Willow; 2) authorize the Director of Finance to transfer $7,850 from contingency (Account No. 851-4663-454-4001) to base for the project; 3) authorize the Chairman to execute the Amendment — funds are available in RDA Post Construction Costs, Account No. 851-4663-454-4001. Upon a motion by Spiegel, second by Ferguson and 5-0 vote of the Agency Board, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None 3 PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2010 IX. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE FIRE STATION NO. 33 CONCRETE DRIVEWAY REPAIR PROJECT TO ASR CONSTRUCTORS, INC., IN THE AMOUNT OF $94,300 (CONTRACT NO. C28550, PROJECT NO.613-09) (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Councilman/Member Spiegel asked what kinds of clerical errors occurred with Southland Construction and Doug Wall Construction that would cause them to withdraw their bid. Project Administrator Ryan Gayler responded the first low bidder Southland Construction didn't specify the clerical errors they had, but in review of their bid documents there were multiple empty spaces with their forms. He tried contacting them, but they didn't return the call, except for a fax from them stating they wished to withdraw their bid. After Southland Construction withdrew their bid, he contacted the next lowest bidder Doug Wall Construction to discuss the project, but they were confused with the addendum. He said going into the bid, Doug Wall Construction bid on six-inch thickness of concrete instead of one foot, so they had a legitimate misunderstanding. Mayor Pro Tem/Vice Chairman Ferguson moved to, by Minute Motion: 1) Accept withdrawal of bids from Southland Construction and Doug Wall Construction, and award the subject contract for Construction of the Fire Station No. 33 Concrete Driveway Repair Project to ASR Constructors, Inc., Riverside, California, in the amount of $94,300; 2) authorize the Mayor to execute the contract — funds are available in Redevelopment Agency Account No. 850-4220-464-4001 - Project Area No. 1 Fire Services. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR AUTHORIZATION TO ACQUIRE A PROPERTY LOCATED IN FALCON CREST KNOWN AS APN 624-430-016 (74506 FALCON LANE), IF NECESSARY, IN ANTICIPATION OF THE EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Councilmember/Member Benson 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 45-day first right -of -refusal period, in the amount pursuant to the Affordable Agreement; 2) approve Agency Silent Second and City BEGIN Third Trust Deed in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale orAgency resale from Housing Set -aside Fund and BEGIN Program monies; 3) authorizethe Directorof Finance to draw monies to facilitate the transaction from Account No. 870-4492-464-4001 and the BEGIN Program Fund, Account No. 214-4492-464-4001; 4) authorize the Executive 0 PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 13, 2010 Director or his designee to execute any documents necessary to facilitate this transaction. Motion was seconded by Spiegel and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO ACQUI RE PROPERTY KNOWN AS APN 634-061-028-8 (43990 BLUEBERRY LANE - DESERT ROSE), IF NECESSARY, IN ANTICIPATION OF THE EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD. Member Spiegel 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 Account No. 870-4492-464-4001. Motion was seconded by Benson and carried by a 5-0 vote. D. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY KNOWN AS APN 634-062-024 (75435 WILDFLOWER LANE - DESERT ROSE), IF NECESSARY, IN ANTICIPATION OF THE EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD. Member 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 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 Account No. 870-4492-464-4001. Motion was seconded by Kelly and carried by a 5-0 vote. X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. PUBLIC HEARINGS None 5 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DRAFT MAY 13, 2010 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. ADJOURNMENT Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the Agency Board, Chairman Finerty adjourned the meeting at 4:42 p.m. ATTEST: CINDY FINERTY, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 0