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HomeMy WebLinkAboutPrelim - RDA - 05/12/2011PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, MAY 12, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 1. CALL TO ORDER - 3:00 P.M. Chairman Benson convened the meeting at 3:04 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 Manger 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 Dept./Cal Fire Misty Reynolds, Admin. Sergeant, Palm Desert Police/Riverside Co. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 12, 2011 a) Ruhnau, Ruhnau, Clarke & Associates v. City of Palm Desert/ Palm Desert Redevelopment Agency, Riverside County Superior Court, Case No. INC 10008463 On a motion by Finerty, second by Spiegel, and unanimous vote of the Agency Board, Chairman Benson adjourned the meeting to Closed Session at 3:07 p.m. Vice Chairman Spiegel reconvened the meeting at 4:03 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 28, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 226RDA, 228RDA, 230RDA, 227-Housing, 231-Housing, and 232HA. Rec: Approve as presented. C. REQUEST FOR AMENDMENT of the Palm Desert Statement of Investment Policy to Include Rabobank as an Authorized Depository (Joint Consideration with the Palm Desert City Council, Palm Desert Housing Authority, and Palm Desert Financing Authority). Rec: By Minute Motion, approve the Palm Desert Statement of Investment Policy as presented. D. REQUEST FOR ACCEPTANCE of Work for Contract No. R30380 — Perimeter Landscape Improvements at the Northeast Corner of Larkspur Lane and Shadow Mountain Drive (Project No. P87110) (Earth Sculptures, Inc., Indio, 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. 2 PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 12, 2011 Upon a motion by Finerty, second by Spiegel, 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 FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN THE FALCON CREST DEVELOPMENT AND KNOWN AS 74-478 FALCON LANE (APN 624-430-018), PALM DESERT, IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mayor Pro Tem/Vice Chairman Spiegel moved to, 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 $240,462.00 [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 Finerty and carried by a 5-0 vote. 3 PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 12, 2011 B. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY LOCATED IN THE FALCON CREST DEVELOPMENT AND KNOWN AS 42-190 VERDIN LANE (APN 624-440-006), PALM DESERT, IF NECESSARY, IN ANTICIPATION OF EXPIRATION OF THE FIRST RIGHT -OF -REFUSAL PERIOD (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mayor Pro Tem/Vice Chairman Spiegel moved to, 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 $240,462.00 [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 Finerty and carried by a 5-0 vote. X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AN EXCHANGE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE PALM DESERT REDEVELOPMENT AGENCYAND TIMOTHY R. PALMER AND LEE ANNA PALMER, AS TRUSTEES OF THE TIMOTHY R. AND LEE ANNA PALMER REVOCABLE TRUST DATED NOVEMBER 25, 1996 — PROPERTY LOCATED AT 44-845 AND 44-900 SAN CLEMENTE CIRCLE — FOR A REDEVELOPMENT PURPOSE AND PUBLIC USE — THE ALESSANDRO ALLEY IMPROVEMENT PROJECT (CONTRACT NO. R30750) (Continued from the meeting of April 14, 2011). Member Finerty noted this item was already continued and staff was requesting another continuance. S PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING MAY 12, 2011 Project Administrator Bryce L. White responded staff was requesting a continuance to the May 26, 2011, meeting. Member Finerty moved to, by Minute Motion, continue this item to the meeting of May 26, 2011. Motion was seconded by Kroonen and carried by a 5-0 vote. 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 Finerty, second by Spiegel, and 5-0 vote of the Agency Board, Chairman Benson adjourned the meeting at 6:13 p.m. ATTEST: JEAN M. BENSON, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 5