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HomeMy WebLinkAboutPrelim - RDA - 08/25/2011711 PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, AUGUST 25, 2011 CIVIC CENTER COUNCIL CHAMBER 73510 FRED WARING DRIVE, PALM DESERT, CA 92260 CALL TO ORDER - 3:00 P.M. Chairman Benson convened the meeting at 3:00 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 Robert W. Hargreaves, Assistant City Attorney William L. Strausz, Redevelopment Agency Counsel 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 Clayton von Helf, Information Systems Manager Bill Hunley, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./Cal Fire Steve Brooker, Fire Marshal, 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 A. ORIENTATION TO UPDATED COUNCIL CHAMBER AUDIO-VISUAL SYSTEM PRESENTED BY CITY'S CONSULTANT, K2 AUDIO, LLC. Mr. von Helf provided a brief overview of the new audio-visual equipment for Agency Board Members and staff. PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 25, 2011 III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) California Redevelopment Association, et al., v. Ana Matosantos, et al., Supreme Court of the State of California, Case No. S194861 Upon a motion by Kroonen, second by Spiegel, and 5-0 vote of the Agency Board, Chairman Benson adjourned the meeting to Closed Session at 3:14 p.m. She reconvened the meeting at 4:01 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 July 14, July 28, and August 11, 2011. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 2RDA, 6RDA, 9RDA, 13RDA, 16RDA, 20RDA, 22RDA, 24RDA, 26RDA, 30RDA, 33RDA, 35RDA, 39RDA, 3-Housing, 7-Housing, 1 0-Housing, 17-Housing, 21-Housing, 22-Housing, 27-Housing, 31-Housing, 36-Housing, 40-Housing, 4HA, 11 HA, 18HA, 28HA, 32HA, and 37HA. Rec: Approve as presented. C. COMPLIANCE ANALYSIS AND INVESTMENT REPORTS, for the Months of April 2011 and May 2011 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. �: PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 25, 2011 D. CITIZENS' ADVISORY COMMITTEE - PROJECT AREA NO.4. Minutes for the Meeting of June 20, 2011. Rec: Receive and file. E. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C30300 — Renovation of Fire Station Nos. 33 and 71 Project (Project No. 613-09) (Joint Consideration with the Palm Desert City Council). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $7,481 to the subject contract with The PENTA Building Group, Palm Desert, California, to perform a structural repair of an existing condition, as part of the Fire Station No. 33 Renovation Project; 2) authorize the Chairman to execute said document; 3) authorize the Director of Finance to transfer $7,481 from the 10% contingency set - aside to the base contract — funds are available in Account No. 850-4220-464-4001. F. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C30530 — Kansas Street Retention Basin Landscape Project (Project No. 910-10) (Leon's Landscaping and Tree Service, Inc., Thousand Palms, 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. Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the Agency Board, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None Vlll. RESOLUTIONS None 3 PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 25, 2011 IX. NEW BUSINESS A. CONSIDERATION OF AN ORDINANCE, APPROVING PARTICIPATION IN THE "ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM," AND RELATED ACTIONS TO MAKE THE REQUIRED PAYMENTS TO THE STATE OF CALIFORNIA AND CONTINUE REDEVELOPMENT ACTIVITIES UNDER AB X1 27 (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Accountant Veronica Tapia stated staff recommended approval of Ordinance No. 1227, confirming the City's participation in the voluntary program to continue Redevelopment activities under AB X1 27. She noted the Amended Ordinance was presented during the Study Session, and the minor numbering changes reflected the modifications to the Stay of the Supreme Court filing that was done relative to the legitimacy of the AB X1 26 and AB X1 27 legislation. Mayor Pro Tem/Vice Chairman Spiegel stated for the benefit of the audience that this item was related to the ransom the State was charging the Redevelopment Agency. He said the Supreme Court was asked to review this legislation, and if approved, it will cost the City of Palm Desert between $17 and $20 million next year. Mayor Pro Tem/Vice Chairman Spiegel moved to:1) Waive further reading and pass Ordinance No. 1227 to second reading, approving the City of Palm Desert's participation in the Alternative Voluntary Program in compliance with Part 1.9 of Division 24 of the California Health and Safety Code; 2) By Minute Motion, direct staff to prepare and present at a future City Council Meeting agreement between the City and Agency to transfer Tax Increment in reimbursement of the annual remittance due per the calculation set forth by AB X1 27 and recommended adjustments to the City and Agency budgets necessary to make the required AB X1 27 payment for FY 2011-2012; 3) By Minute Motion, ratify the City Manager's filing to the State Department of Finance, appealing determination of the amount of the City's required AB X1 27 payment for FY 2011-2012, including the amended Ordinance No. 1227 presented at the Study Session earlier today. Motion was seconded by Kroonen and carried by a 5-0 vote. El PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 25, 2011 B. CONSIDERATION OF RESOLUTIONS THAT ADOPT AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AND MAKE AN ELECTION FOR THE CITY TO SERVE AS A SUCCESSOR AGENCY UNDER PART 1.85 OF COMMUNITY REDEVELOPMENT LAW IN THE EVENT THE AGENCY IS DISSOLVED PURSUANT TO THE REQUIREMENTS OF AB X1 26 (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Accountant Veronica Tapia stated the proposed Resolutions are required under AB X1 26 in order to deliver some required reporting, which is noted as the City's Enforceable Obligation Payment Schedule, in addition to designating the City as the successor agency, if in fact, the Agency is dissolved. She noted the revised payment schedule was presented during the Study Session. Staff recommended approval of both Resolutions. Councilmember/Member Finerty moved to waive further reading and adopt: 1) Redevelopment Agency Resolution No. 588, adopting an Enforceable Obligation Payment Schedule; 2) City Council Resolution No. 2011 - 76, making an election for the City to serve as a successor agency under Part 1.85 of Community Redevelopment Law in the event the Agency is dissolved pursuant to the requirements of AB X1 26, including the amended Enforceable Obligation Payment Schedule as presented at today's Study Session. Motion was seconded by Harnik and carried by a 5-0 vote. Mayor/Chairman Benson stated it might appear the Council was being generous by giving away money, but this was State mandated, which the Council didn't take lightly. These steps will hopefully place the City in a good position if the Supreme Court votes in favor of the lawsuit that was filed to overturn Governor ,terry Brown's attempt to take the City's money. X. CONTINUED BUSINESS None XI. OLD BUSINESS None X1I. PUBLIC HEARINGS None XI11. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None 5 PRELIMINARY MINUTES DRAFT PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 25, 2011 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, said that with regard to Chairman Benson's comments during the public hearing where she attributed certain remarks to the Chamber of Commerce regarding the hotel project, she wanted to clarify that the statement was made by another speaker at the last meeting, and she'd probably read it in those minutes, but it was not made by the Chamber of Commerce. She said Chairman Benson's respect for the Chamber was too important to her to let the comment go unaddressed. Chairman Benson remarked that she'd seen it in a letter from Ms. deBoom to constituents where she'd read, "...the NIMBY's that disapprove of this project," and it was signed by Ms. deBoom. MS. deBOOM asked to have a look at that communication sometime, if possible. Chairman Benson was unsure if she still had it on hand but would look. XV. ADJOURNMENT On a motion by Spiegel, second by Finerty, and unanimous vote of the Agency Board, Chairman Benson adjourned the meeting at 9:26 p.m. ATTEST: JEAN M. BENSON, CHAIRMAN RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 0