HomeMy WebLinkAboutPrelim Minutes - RDA 02/24/2011DRAFT
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REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING
THURSDAY, FEBRUARY 24, 2011
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Chairman Benson convened the meeting at 3:01 p.m.
II. ROLL CALL
Present:
Member Cindy Finerty
Member Jan C. Harnik
Member William R. Kroonen
Vice Chairman Robert A. Spiegel
Chairman Jean M. Benson
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
Andrew Shouse, Asst. Chief, Palm Desert Police/Riverside Co.
Grace L. Mendoza, Deputy City Clerk
III. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Dept./Cal Fire
Sheriff's Dept.
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
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PALM DESERT REDEVELOPMENT AGENCY MEETING
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FEBRUARY 24, 2011
1) Property: APNs 627-041-008, 627-041-009, and 627-041-026
Negotiating Parties:
Agency: John M. Wohlmuth/Justin McCarthy/
Palm Desert Redevelopment Agency
Property Owner: Jay D. & Kristine M. Wahlin
Under Negotiation: x Price x Terms of Payment
On a motion by Spiegel, second by Kroonen, and 5-0 vote of the Agency Board,
Chairman Benson adjourned the meeting to Closed Session at 3:03 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 February 10,
2011.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant
Nos. 1 70RDA, 172RDA, 177RDA, 169-Housing, 170-Housing, 173-Housing,
178-Housing, 174HA, and 179HA.
Rec: Approve as presented.
C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS for the Months
of September 2010, October 2010, and November 2010 (Joint
Consideration with the Palm Desert City Council).
Rec: Receive and file.
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PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 24, 2011
D. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. R30380 — Perimeter Landscape Improvements at the Northeast Corner
of Larkspur Lane and Shadow Mountain Drive (Project No. P87110).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$2,510.49 to the subject contract with Earth Sculptures, Inc., Indio,
California, for removal of additional asphalt and installation of
additional irrigation lines; 2) authorize the Chairman to execute
Change Order No. 1; 3) authorize the Director of Finance to transfer
$2,510.49 from the 10% contingency set -aside to base contract —
funds are available forthe project in Account No. 850-4388-433-4001.
E. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C29570 —
Deconstruction of 44-887 San Antonio Circle, 44-870 San Antonio Circle,
44-850 San Antonio Circle, and 44-889 San Clemente Circle Associated with
the Alessandro Alley Improvement Project; and the Deconstruction of
42-135 Kansas Street (Three D Service Company, Pomona, CA).
Rec: By Minute Motion, accept the work as complete and authorize the City
Clerk to file a Notice of Completion for the subject project.
Upon a motion by Spiegel, second by Kroonen, 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 FORAWARD OF CONTRACTTO LEON'S LANDSCAPING AND
TREE SERVICE, INC., IN THE AMOUNT OF $13,639.25 FOR
CONSTRUCTION OF THE KANSAS STREET RETENTION BASIN
LANDSCAPE (CONTRACT NO. C30530, PROJECT NO. 910-10) (JOINT
CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Award the
subject contract for Construction of the Kansas Street Retention Basin Landscape to
Leon's Landscaping and Tree Service, Inc., Thousand Palms, California, in the amount of
$13,639.25; 2) authorize the Director of Finance to set aside a 10% contingency in the
amount of $1,363.93; 3) authorize the Mayorto execute said contract —funds are available
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PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 24, 2011
in Account No. 854-4625-454-4001, Palm Desert CC Park — no General Funds being used
for this expenditure. Motion was seconded by Finerty and carried by a 5-0 vote.
B. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED
IN FALCON CREST KNOWN AS 42190 GOLDEN EAGLE LANE
(APN 624-431-011), IF NECESSARY, IN ANTICIPATION OF EXPIRATION
OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION
WITH THE PALM DESERT CITY COUNCIL).
Ms. Moore stated this property was located in Falcon Crest and the owner
has expressed a desire to sell the property. The City/Agency has the first
right -of -refusal to purchase the property, but at this time, staff would not be
able to identify a buyer in time to purchase it within the 45-days. Therefore,
staff recommends authorization to acquire the property at this time.
Responding to question on the condition of the home, she said the property
was in good shape.
Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Authorize
acquisition of 42190 Golden Eagle Lane (APN 624-431-011) for the purpose 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
$226,188, to be increased by reasonable closing costs and commissions); 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 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. Motion was seconded by
Kroonen and carried by a 5-0 vote.
X. CONTINUED BUSINESS
None
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PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 24, 2011
XI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO COOLEY CONSTRUCTION
IN THE AMOUNT OF $1,058,441 FOR CONSTRUCTION OF THE BERGER
CIRCLE AND BERGER DRIVE SOUTH RING ROAD AT THE CAL STATE
UNIVERSITY, SAN BERNARDINO, AND UNIVERSITY OF CALIFORNIA,
RIVERSIDE - PALM DESERT CAMPUSES (CONTRACT NO. R28830,
PROJECT NO. 814-09) (JOINT CONSIDERATION WITH THE
PALM DESERT CITY COUNCIL).
Mr. Greenwood stated this contract is to build the Ring Road on the Cal
State UCR campus in the amount of $1,058,441.
Mayor/Chairman Benson noted for the benefit of the audience that the funds
had been set aside for the past three years.
Councilman/Member Kroonen moved to, by Minute Motion: 1) Award the subject
contract for construction of the Berger Circle and Berger Drive South Ring Road to Cooley
Construction, Inc., Hesperia, California, in the amount of $1,058,441; 2) authorize the
Director of Finance to set aside a 10% contingency for the project in the amount of
$105,844.10; 3) authorize the Director of Finance to appropriate $1,339,000 from the
Unobligated Redevelopment Agency Project Area No. 2 Funds to Account
No. 851-4432-464-4001 for the project; 4) authorize the Mayor to execute said contract —
funds will be available in Account No. 851-4432-464-4001 (Cal State Infrastructure) upon
Council's authorization. Motion was seconded by Spiegel.
Ms. Klassen pointed out for the record that there was a supplemental sheet
handed out with an amended appropriation in the amount of $1,339,000
instead of what was listed in the agenda.
Mayor Pro Tem/Vice Chairman Spiegel stated it was still less than the $1.5
million that was originally appropriated.
Ms. Klassen agreed.
Mayor/Chairman Benson called for the vote and the motion carried by a 5-0 vote.
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PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 24, 2011
B. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE
COOK STREET DRAINAGE AND INTERSECTION IMPROVEMENTS AT
COUNTRY CLUB DRIVE AND HOVLEY LANE EAST TO THE LOWEST
RESPONSIBLE BIDDER (CONTRACT NO. C29370C, PROJECT
NO. 505-03) (JOINT CONSIDERATION WITH THE PALM DESERT CITY
COUNCIL).
Mr. Greenwood stated this was a project staff was expediting due to the
State budget issues. The contract is for improvements to the intersections
of Cook Street and Hovley Lane East, and Cook Street and Country Club
Drive, which will provide drainage, street widening, and traffic signal
improvements. Responding to question about the construction time frame,
he said construction will begin in April and run through October, which was
about eight months worth of work. He said traffic control will be difficult
because the hole in the ground for the drainage will be almost twenty feet
deep, and in order to do that work, traffic will be down to one lane in each
direction on Cook Street. He said the goal was to get the bulk of the work
done in the summer.
Mayor Pro Tem/Vice Chairman Spiegel asked if there was any way to get the
work done at night like it's being done with the overpasses along the freeway
by closing traffic lanes down at night and opening them up during the day.
Mr. Greenwood responded that's not how the projects were bid, and it could
run the cost and time frame up considerably if the contractor had to back fill
his work every night. He said it was technically possible, but more
expensive, and the overall length of the construction would also take longer.
Councilman/Member Kroonen moved to, by Minute Motion: 1) Award the subject
contract for Construction of the Cook Street Drainage and Intersection Improvements at
Country Club Drive and Hovley Lane East in the amount of $2,581,205; 2) authorize the
Director of Finance to set aside a 10% contingency for the project in the amount of
$258,120.50; 3) authorize the Director of Finance to set aside a 15% allocation for
Construction Support and Material Testing Services in the amount of $387,180.75; 4)
authorize the Mayor to execute said contract — funds are currently available in Account
Nos. 213-4385-433-4001 (Measure "A"), 232-4375-433-4001 (Drainage), and
853-4385-433-4001 (Resolution Nos. 07-60 and 542). Motion was seconded by Benson
and carried by a 5-0 vote.
Ms. Klassen pointed out this item also had a supplemental report that gave
the award to Cooley Construction in the amount of $2,581,205.
Mayor Pro Tem/Vice Chairman Spiegel requested staff inquire what cost
would be involved for performing the work during the nighttime hours to
lessen the impact on traffic.
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PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 24, 2011
C. REQUEST FOR AWARD OF CONTRACT TO THE PENTA BUILDING
GROUP IN AN AMOUNT NOT TO EXCEED $848,149 FOR THE
FIRE STATION NO. 33 (PROJECT NO. 613-09) AND FIRE STATION
NO. 71 (PROJECT NO. 871-09) RENOVATION PROJECT (CONTRACT
NO. C30300) (JOINT CONSIDERATION WITH THE PALM DESERT CITY
COUNCIL).
Mr. Aryan noted this was another project staff was attempting to expedite
due to the current State budget situation. The contract is for the renovation
of the Town Center Fire Station No. 33 and the North Fire Station No. 71.
Mayor Pro Tem/Vice Chairman Spiegel moved to, by Minute Motion: 1) Approve
the two project options of Landscaping and QuakeGuard System at Fire Station Nos. 33
and 71; 2) authorize the Mayor to execute Contract No. C30300 with The Penta Building
Group, Palm Desert, California, in an amount not to exceed $848,149 (including
Landscaping and QuakeGuard Options) for the Fire Station Nos. 33 (Project No. 613-09)
and 71 (Project No. 871-09) Renovation Project; 3) authorize the Director of Finance to set
aside the amount of $84,814.90 as 10% contingency (use of contingency requires
additional action) — funds for this project are included in the 2010/2011 Redevelopment
Agency Financial Plan in Project Area Nos. 1 and 2, Account Nos. 850-4220-464-4001 and
851-4220-464-4001. Motion was seconded by Finerty.
Councilmember/Member Harnik asked if the QuakeGuard System had been
installed at Fire Station #67.
Mr. Aryan answered no.
Ms. Klassen announced the motion carried by a 5-0 vote.
XII. PUBLIC HEARINGS
A. REQUEST FOR REDEVELOPMENT AGENCY PUBLIC HEARING AND
THE AGENCY'S AND CITY'S ADOPTION OF RESOLUTIONS APPROVING
THE DELEGATION AND CONVEYANCE AGREEMENT BETWEEN THE
CITY OF PALM DESERT AND THE PALM DESERT REDEVELOPMENT
AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT CITY
COUNCIL).
Senior Management Analyst Catherine Walker stated this action provides the
transfer of several Palm Desert Redevelopment Agency properties to the
City and delegates to the City the Agency's powers and functions with
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PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 24, 2011
respect to the planning and undertaking of the redevelopment of these
properties as per the current Redevelopment Plan. Further responding, she
said this action was an effort to preserve both the City and Agency's intention
for the properties.
Mayor/Chairman Benson declared the public hearing open and invited anyone
wishing to address the City Council on this matter to come forward at this time.
With no testimony offered, she declared the public hearing closed.
Mayor Pro Tern/Vice Chairman Spiegel moved to: 1) Waive further reading and
adopt Redevelopment Agency Resolution No. 581 and City Council Resolution No.
2011 -12, approving the Delegation and Conveyance Agreement (Contract No. R30610),
and authorizing the City Manager/Executive Director to execute the Agreement and any
and all documents necessary to facilitate the Agreement; 2) By Minute Motion, authorize
the Mayor/Chairman to execute any and all documents necessary for the conveyances.
Motion was seconded by Finerty and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE
CONVEYANCE OF TWO SINGLE-FAMILY LOTS KNOWN AS
APNs 627-092-050 AND 627-092-006 TO HABITAT FOR HUMANITY OF
THE COACHELLA VALLEY, INC. (PURSUANT TO HEALTH AND SAFETY
CODE 33433[c]).
Management Analyst Jessica Gonzales stated the Agency received a
request by Habitat for Humanity of the Coachella Valley for the donation of
lots to build single-family dwelling units in connection with a vocational
program with the College of the Desert (COD). The Agency currently owns
two lots located at San Benito Circle that would be suitable for construction
of two single-family dwellings to be made available to qualified lower income
households.
Vice Chairman Spiegel said this was the first time COD would be involved,
and as he understood it, these are new classes provided to teach their
students how to build LEED certified homes.
Chairman Benson 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 Finerty moved to: 1) Waive further reading and adopt Resolution No. 582,
pursuant to California Health and Safety Code Section 33433 (c), approving the
conveyance of the Property to Habitat pursuant to a Disposition and Development
Agreement (the "Agreement") between the Agency and Habitat in substantially the form
presented to the Agency Board herein; 2) By Minute Motion, approve deferred payment
("Silent Second") Trust Deeds in favor of the Agency in amounts necessary, not to exceed
$20,000 per lot, and, if necessary, an additional amount of $20,000 for homebuyer
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PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 24, 2011
assistance to secure an affordable housing cost pursuant to Redevelopment Law — funds
are available in Housing Mitigation Account No. 214-4490-466-3901 and Housing
Set -aside Account No. 870-4699-464-4001; 3) By Minute Motion, reaffirm reimbursement
from Housing Set -aside Funds to the Agency for acquisition and auxiliary costs associated
with the subject property — funds are available in Housing Set -aside Account
No. 870-4492-464-4001. Motion was seconded by Kroonen and carried by a 5-0 vote.
Chairman Benson stated she was pleased that Habitat for Humanity of the
Coachella Valley will redo these homes, because the City's had success with
the one's they have built in the City of Palm. If you attend the grand opening,
you will find the people moving in are so deserving. She said it was a great
benefit and contribution to the community.
XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION
A. EXECUTIVE DIRECTOR
Mr. Wohlmuth acknowledged Habitat for Humanity of the Coachella Valley
Board Members Fred Bell and Patrick Swarthout in attendance at today's
meeting. He said each dedicate a great deal of time and expertise to the
organization, and he thanked them for their efforts to help people get into
homes in Palm Desert. Chairman Benson agreed.
B. AGENCY COUNSEL
None
C. CHAIRMAN AND MEMBERS OF THE AGENCY
None
XIV. ADJOURNMENT
Upon a motion by Spiegel, second by Kroonen, and 5-0 vote of the Agency Board,
Chairman Benson adjourned the meeting at 4:49 p.m.
ATTEST:
JEAN M. BENSON, CHAIRMAN
RACHELLE D. KLASSEN, SECRETARY
PALM DESERT REDEVELOPMENT AGENCY
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