HomeMy WebLinkAboutPrelim - SA-RDA - 02-26-2015DRAFT
PRELIMINARY MINUTES
REGULAR MEETING OF THE
BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY
TO THE PALM DESERT REDEVELOPMENT AGENCY
THURSDAY, FEBRUARY 26, 2015
CIVIC CENTER COUNCIL CHAMBER
73510 FRED WARING DRIVE, PALM DESERT, CA 92260
I. CALL TO ORDER - 3:00 P.M.
Chair Weber convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Director Jan C. Harnik
Director Sabby Jonathan
Vice Chair Robert A. Spiegel
Director Van G. Tanner
Chair Susan Marie Weber
Also Present:
John M. Wohlmuth, Executive Director
Robert W. Hargreaves, Assistant City Attorney
William L. Strausz, Successor Agency Counsel
Rudy P. Acosta, Assistant City Manager
Rachelle D. Klassen, Secretary
Russell Grance, Director of Building & Safety
Lauri Aylaian, Director of Community Development
Martin Alvarez, Director of Economic 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
Bo Chen, City Engineer
Stephen Y. Aryan, Risk Manager
Bill Sullivan, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Department
Grace L. Mendoza, Deputy City Clerk
PRELIMINARY MINUTES
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING
� � �
FEBRUARY 26, 2015
II1. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Mr. Hargreaves announced there were two items of Closed Session business that had
come up following posting of the agenda, and he asked for the City Council's/Successor
Agency Board's consideration of adding them at this time by four-fifths vote. The first
item was for both the City Council and Successor Agency's consideration, the second
only for the Successor Agency, as follows:
A. Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(d)(1):
1) City of Palm Springs v. All Persons Interested, etc., et al., Riverside County
Superior Court, Case No. INDIO 51124
2) Successor Agency to the Palm Desert Redevelopment Agency v. Cohen,
et al., Sacramento County Superior Court, Case No. 34-2014-00167698
Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the Successor Agency
Board (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None), the
aforementioned two items of Existing Litigation were added to the agenda.
With Successor Agency Board concurrence, Chair Weber 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.
Mr. Hargreaves reported that in the Closed Session just ended the Successor
Agency Board directed Legal Counsel to dismiss the lawsuit, SuccessorAgency to
the Palm Desert Redevelopment v. Cohen, et al., Sacramento County Superior
Court, Case No. 34-2014-00167698 (Section III -Adjourn to Closed Session, �tem
A[2], above).
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
2
PRELIMINARY MINUTES
� � �
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 26, 2015
VI. CONSENT CALENDAR
A. MINUTES of the February 12, 2015, Regular Meeting of the Board of Directors of
the Successor Agency to the Palm Desert Redevelopment Agency.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST SUCCESSOR AGENCY TREASURY -
Warrant Nos. 185SA and 191 SA.
Rec: Approve as presented.
Upon a motion by Spiegel, second by Harnik, and 5-0 vote of the Board of Directors of
the Successor Agency (AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None),
the Consent Calendar was approved as presented.
VII. CONSENT ITEMS HELD OVER
None
VIII. RESOLUTIONS
None
IX. NEW BUSINESS
A. REQUEST FOR AWARD OF CONTRACT TO SARGENT TOWN PLANNING IN
THE AMOUNT OF $279,411 FOR PROFESSIONAL SERVICES TO PREPARE
A SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT FOR THE
170-ACRE PARCEL OF VACANT LAND LOCATED AT THE NORTHEAST
CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE; AND
APPROVE THE EXECUTION OF A REIMBURSEMENT AGREEMENT
BETWEEN THE CITYAND SUCCESSORAGENCY FOR COSTS ASSOCIATED
WITH THE PROFESSIONAL SERVICES AGREEMENT (JOINT
CONSIDERATION WITH THE PALM DESERT CITY COUNCIL).
Ms. Aylaian stated the proposed items will accomptish three things: 1) Award of
contract to Sargent Town Planning in the amount of $279,411; 2) appropriate the
funds to pay for the contract, including a 10% contingency; 3) approve a
Reimbursement Agreement between the Successor Agency and the City. To
date, the Successor Agency has been approved for $100,000 in the current
Recognized Obligation Payment Schedule (ROPS), which will go toward this
3
PRELIMINARY MINUTES DR,AFT
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 26, 2015
contract, and complete reimbursement to the City depended on the remaining
amount being approved by the DOF in the next ROPS for July through December
2015. This contract is proposed because the City has to dispose assets owned
by the former Redevelopment Agency, one of which is 170 acres of vacant land.
It is of significance, in that it is completely undeveloped and it's also part of the
"University Park Planning Area" where a different pattern of growth is envisioned.
The land is large enough that if it were to be developed by responding to today's
market conditions, it could be a bad decision, in consideration of the long-term
development plan of the City. Staff would like to ensure that when developed, it's
done properly and appropriately for its location near the University and future
development of both Cal State and UCR campuses. It should be developed to
reflect the future demographics and style that is supportive of the nearby
campuses and that has walkable, compact resources nearby, such as retail for
convenience, recognizing there is also the need for jobs in close proximity to the
homes that are developed. Staff was afraid to sell these 170 acres to a single
developer, because a developer alone will be driven by today's market conditions.
While they might be giving favorable consideration to what is hot in the market
now, such as senior homes for Canadian snow birds, it may not be the right
long-term decision for the growth of the City. Therefore, staff would like to get an
independent third party to address these concerns. A Request for Proposal (RFP)
went out to 20 different firms, and it was publicly posted, and only two firms
responded. One was Sargent Town Planning, stating the Council may already be
familiar with the name, because they are working withRaimi + Associates on the
Update of the General Plan, and the second firm was MSA Consulting, Inc., out
of Rancho Mirage. Staff reviewed the qualifications of key personnel based upon
similar studies they had done, the ability to make their work coincide with the
General Plan Update, and price. The review was unanimous by staff on all points
that Sargent Town Planning was the best qualified and the least expensive for
performing the services. Therefore, staff recommended award of contract to
Sargent Town Planning, noting their principal representative was in attendance
and available to answer questions.
Councilman/Director Jonathan stated he understood staff is asking for approval
of a contract in the full amount of $279,000 plus the 10% contingency, yet there
is only $100,000 available. He asked if the City would be bound for the full
contract if the $179,000 application is not approved by the DOF.
Ms. Aylaian answered yes, stating the funds would then need to come from the
General Fund.
Mr. Wohlmuth added there are two ways to pay for these professional services,
one is through a Reimbursement Agreement that's placed on the ROPS, stating
he could argue that when the property is sold, the proceeds of the sale ultimately
went to the taxing entity with reimbursement to the City for the remainder of the
contract.
0
PRELIMINARY MINUTES
� ' � -
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 26, 2015
Councilman/Director Jonathan stated the City is hopeful the DOF approves the
request, but if not, there are contingency plans to avoid taking funds out of the
General Fund. Mr. Wohlmuth replied that was correct.
Ms. Aylaian added this item was taken to the Oversight Board on Monday, and the
Board was unanimously in favor, stating the Agency was on the receiving end of
the revenue received from the sale of the property. She said the Oversight Board
understood an entitled property with a specific plan, such as this one, is more
valuable than an unentitled property. She hopes the Board also understood there
are costs associated with preparing the specific plan and the Environmental
Impact Report (EIR), noting they approved of the award of contract.
Mr. Hargreaves stated typically these contracts allow the City to terminate with a
30-day notice with no further obligation, but in doing that, one didn't get the benefit
of a completed project.
Councilman/Director Tanner asked if the $179,000 will initially be paid from the
General Fund or was the contractor going to sit and wait for approval of the funds.
Mr. Wohlmuth stated that because the ROPS are being submitted in March, there
is the probability that it will go through, like the original $100,000 went through, and
with the timing of the contractor's work, the City might not have to front the money,
except if the Reimbursement Agreement is approved, then it would. He said the
work commences upon contract, but the payment is based on work perFormed,
which will go on for months.
Mayor Pro TemNice Chair Spiegel moved to: 1)Waive further reading and adopt
Resolution No. 2015 - 11, authorizing award of the subject contract to Sargent Town Planning,
Los Angeles, California, in the amount of $279,411 for Planning Professional Services for the
Preparation of a Specific Plan and Environmental Impact Report (EIR) for the vacant 170-acre
parcel of land bounded on the south by Frank Sinatra Drive and on the west by Portola Avenue
(Contract No. C34120); 2) by Minute Motion, appropriate the necessary funds, including the
contract amount of $279,411 plus a 10% contingency amount of $27,941, totaling $307,352 for
the subject contract from Fund 400 - Unobligated Reserves to a Capital Improvement Fund; 3)
waive further reading and adopt Resolution No. SA-RDA 046, approving a Reimbursement
Agreement between the City of Palm Desert and the Successor Agency to the Palm Desert
Redevelopment Agency for the Planning Professional Services on the 170-acre parcel, and the
Executive Director, Mayor, and Chair to execute same (Contract No. C34120A).
Councilman/Director Jonathan inquired about the relationship between Sargent
Town Planning andRaimi + Associates.
Ms. Aylaian explained thatRaimi + Associates is the lead consultant in the Update
of the General Plan, and they have retained about half a dozen different specialty
consultants, one of whom is Sargent Town Planning, stating they are the Urban
��
PRELIMINARY MINUTES D�.,A�T
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 26, 2015
Planners for the Update of the General Plan. In this specific plan,Raimi +
Associates would be a sub-consultant to Sargent Town Planning; therefore, it was
the same team members.
MR. DAVID SARGENT, Principal with Sargent Town Planning, stated they are
enjoying their work withRaimi + Associates, City staff, and the officials that are
part of the steering committee, stating he appreciated being selected to work on
the specific plan. He said this was a great opportunity to take advantage of the
synergy in that part of town from the University and collateral development.
Mayor/Chair Weber commented everyone has been very pleased in working with
them as well.
Councilman/Director Tanner seconded the motion and it carried by a 5-0 vote
(AYES: Harnik, Jonathan, Spiegel, Tanner, and Weber; NOES: None).
X. CONTINUED BUSINESS
None
XI. OLD BUSINESS
None
XII. PUBLIC HEARINGS
None
XIII. REPORTS, REMARKS, SUCCESSORAGENCY BOARD ITEMS REQUIRING ACTION
A. EXECUTIVE DIRECTOR
None
B. SUCCESSOR AGENCY COUNSEL
None
0
PRELIMINARY MINUTES
� ' �
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 26, 2015
C. CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY
None
XIV. ADJOURNMENT
On a motion by Jonathan, and unanimous consent of the Successor Agency Board,
Chair Weber adjourned the meeting at 5:39 p.m.
ATTEST:
RACHELLE D. KLASSEN, SECRETARY
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
SUSAN MARIE WEBER, CHAIR
7