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Home My WebLink AboutAGENDA 14 JUL 2011 POSTED AGENDA REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, JULY 14, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 I. CALL TO ORDER - 3:00 P.M. II. ROLL CALL III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 624-440-012, 624-440-017, 624-441-007, 624-431- 029, 624-430-006, 624-431-011, 624-431-016, 624-430-018, and 624-440-006 Negotiating Parties: Agency: Justin McCarthy/Janet Moore/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency under Negotiation: x Price x Terms of Payment 2) Property: APNs 634-242-019, 634-061-038, 634-241-042, and 634-062-028 Negotiating Parties: Agency: Justin McCarthy/Janet Moore/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): POSTED AGENDA PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2011 a) Ruhnau, Ruhnau, Clarke & Associates v. City of Palm Desert/Palm Desert Redevelopment Agency, Riverside County Superior Court, Case No. INC 10008463 Conference with Legal Counsel regarding potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: Reports and documents relating to each of the following items listed on the agenda, including those received following posting/distribution, are on file in the Office of the City Clerk and are available for public inspection during normal business hours, Monday-Friday, 8:00 a.m., 73510 Fred Waring Drive, Palm Desert, CA 92260, telephone (760) 346-0611. V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR 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 Redevelopment Agency Meeting of June 23, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 260RDA, 262RDA, 266RDA, 269RDA, 260-Housing, 263-Housing, 267-Housing, 269-Housing, and 268HA. Rec: Approve as presented. C. CITIZEN'S ADVISORY COMMITTEE FOR PROJECT AREA NO. 4 Minutes for the Meeting of April 18, 2011. Rec: Receive and file. POSTED AGENDA PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2011 D. REPORT Pursuant to Section 33433(c) of the California Health and Safety Code. Rec: Receive and file. E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. R30200 - Deconstruction of Sagecrest Apartments at 73-775 Santa Rosa Way and Deconstruction of 73-805 Santa Rosa Way (Vizion's West, Inc., Winchester, CA) (Joint Consideration with the Palm Desert City Council). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Action: VII. CONSENT ITEMS HELD OVER VIII. RESOLUTIONS A. RESOLUTION NO. 587 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING THE REPLACEMENT HOUSING PLAN FOR ADOBE VILLAS APARTMENTS, 45-330 OCOTILLO DRIVE, PALM DESERT. Rec: Waive further reading and adopt. Action: IX. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN FALCON CREST AND KNOWN AS APN 624-430-016 (74506 FALCON LANE), IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT-0F-REFUSAL PERIOD, IN THE EVENT THE AGENCY IS ALLOWED TO CONTINUE SUCH OPERATIONS (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). POSTED AGENDA PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2011 Rec: By Minute Motion: 1) Authorize acquisition of the subject property for the purposes of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 45-day First Right-of- Refusal Period in amount pursuant to the Affordable Agreement (Approximately $245,952 \[to be increased by reasonable closing costs and commissions\]), in the event the Agency is allowed to continue such actions either by judicial "stay" or adoption of an Agency "Continuance Ordinance;" 2) approve Agency Silent Second and City BEGIN Third Trust Deeds in amounts necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency resale from Housing Set- aside Fund and BEGIN Program monies; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction - funds are available in Acquisition Rehab and Resale Account No. 870-4492-464-4001, BEGIN Program Fund Account No. 214-4494- 464-3901, and Homebuyer Assistance Account No. 870-4699-464- 4001. Action: B. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN DESERT ROSE AND KNOWN AS APN 634-061-028 (43-990 BLUEBERRY LANE), IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT-OF-REFUSAL PERIOD, IN THE EVENT THE AGENCY IS ALLOWED TO CONTINUE SUCH OPERATIONS. Rec: By Minute Motion: 1) Authorize acquisition of the subject property for the purposes of retaining affordability covenants and resale, if necessary, in anticipation of expiration of the 60-day First Right-of- Refusal Period, in amount pursuant to the Affordable Agreement POSTED AGENDA PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2011 (approximately $127,130 \[to be increased by reasonable closing costs and commissions\]), in the event the Agency is allowed to continue such actions either by judicial "stay" or adoption of an Agency "Continuance Ordinance;" 2) approve 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 resale from Housing Set-aside Fund monies; 3) authorize the Director of Finance to draw monies from the relative funds to facilitate the transaction; 4) authorize the Executive Director or his designee to execute any documents necessary to facilitate this transaction - funds are available in Acquisition Rehab and Resale Account No. 870-4492-464-4001 and Homebuyer Assistance Account No. 870-4699-464-4001. Action: C. REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE DIRECTOR TO INITIATE ACQUISITIONS IN THE DEVELOPMENTS OF FALCON CREST AND DESERT ROSE, IN THE EVENT THE AGENCY IS ALLOWED TO CONTINUE SUCH OPERATIONS, FOR THE PERIOD OF JULY 1, 2011, THROUGH AUGUST 25, 2011, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT-OF-REFUSAL PERIOD ON SAID PROPERTIES. Rec: By Minute Motion, authorize the Executive Director to: 1) Initiate acquisitions in the developments of Falcon Crest and Desert Rose, in the event the Agency is allowed to continue such actions either by judicial "stay" or adoption of an Agency "Continuance Ordinance," from July 1, 2011, through August 25, 2011, in anticipation of expiration of the First Right-of-Refusal Period on said properties; 2) execute any documents necessary to initiate the acquisitions. Action: X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. PUBLIC HEARINGS None POSTED AGENDA PALM DESERT REDEVELOPMENT AGENCY MEETING JULY 14, 2011 XIII. REPORTS AND REMARKS A. EXECUTIVE DIRECTOR B. AGENCY COUNSEL C. CHAIRMAN AND MEMBERS OF THE AGENCY XIV. ADJOURNMENT I hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert Redevelopment Agency was posted on the th City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 8 day of July, 2011. _____________________________________ Rachelle D. Klassen, City Clerk