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HomeMy WebLinkAbout1989-12-07MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY THURSDAY, DECEMBER 7, 1989 CIVIC CENTER COUNCIL CHAMBER 1. CALL TO ORDER Mayor Crites convened the Joint Meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson III. INVOCATION - Mayor Pro-Tempore Walter H. Snyder IV. ROLL CALL Present: Councilmember/Agency Member Jean M. Benson Councilman/Agency Member Richard S. Kelly Mayor Pro-Tempore/Agency Vice Chairman Walter H. Snyder Councilman/Agency Member S. Roy Wilson Mayor/Chairman Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/Agency Secretary Carlos L. Ortega, A.C.M./Executive Director - R.D.A. Ramon A. Diaz, A.C.M., Director/Community Development Paul Shillcock, A.C.M., Director/Economic Development Richard S. Folkers, A.C.M., Director of Public Works MINUTES OF THE ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL & REDEVELOPMENT AGENCY DECEMBER 7, 1989 • • a • • • • • • • • a a • • • • a • • • • • • • V. ORAL COMMUNICATIONS None VI. REPORTS AND REMARKS With Council concurrence, Mayor Crites moved Reports and Remarks to the end of the Agenda. VII. JOINT PUBLIC HEARINGS - CITY COUNCIL/REDEVELOPMENT AGENCY A. CONSIDERATION OF A REQUEST FOR CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT, APPROVAL OF GENERAL PLAN AMENDMENT, CHANGE OF ZONE, AMENDMENT NO. 5 TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1, AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND AHMANSON COMMERCIAL DEVELOPMENT COMPANY (CASE NOS. GPA89-1, C/Z89-1, ZOA89-1). (Continued from the Meetings of September 28, October 12, October 26, November 9, and November 16, 1989.) B. REQUEST FOR CONSIDERATION OF DISPOSITION, DEVELOPMENT AND IMPLEMENTATION AGREEMENT WITH H. F. AHMANSON DEVELOPMENT CORPORATION. Mayor Crites stated that the Joint Public Hearing was open and asked for staff's report. Mr. Erwin clarified that the hearing was a joint meeting and that the Disposition, Development, and Implementation Agreement would be acted upon by the Redevelopment Agency Board. Other necessary actions would be taken by the City Council. Mr. Diaz reviewed the staff report stating that two agreements were being considered: 1) The Development Agreement; 2) The Disposition, Development, Implementation Agreement (DDIA). He said that Development Agreement before the Council was final except for two minor modifications: 1) Within the final agreement that will be executed and signed, any reference to any signalization work being used as credit against signalization fees. That means that the developer will be paying signalization fees plus doing the signalization work and modification that is called out in the Development Agreement. 2) With regard to the issue of 2 MINUTES OF THE ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL & REDEVELOPMENT AGENCY DECEMBER 7, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • the People Mover, within the Development Agreement Exhibit on Exactions, under Transit, there is a requirement set forth that the developer or landowner will become involved in an assessment district. We would like an alternative option placed in there that the property owner can enter into an agreement to pay $2.50 per sq. ft. of building area at the time of building permit issuance for any project, and that would take care of that condition. That would mean that money would go into the People Mover Fund and would allow us to get going on that. He concluded by stating those were the only two changes suggested, and staff recommended approval. Upon question by Councilman Wilson, Mr. Diaz responded that the latter would be added as an "either/or". Mr. Altman further clarified that the $2.50 per sq. ft. which would be paid within a fixed period of time as an alternate of going along with the other aspect. It would be money that would be given; we would maintain the interest and if there is no People Mover System, there would be no refund. From our perspective, it is a good deal for the City whichever option is chosen because one balances the other. Council Comments/Questions: Benson: Nothing in the agreement about participation in a child-care program or facility. Still concerned about development of Site No. 4. Also concerned about Housing "B" proposal on page 8 of Exhibit A, Section 7. Crites: In terms of parking which is Exhibit "A", Item 10 under 3B, he asked that it be amended to also read that parking requirements for layout and ratio for Site Area #2 shall comply with parking ordinances in effect when the building permits are granted or when the specific plan is granted. In other words, this may be two to five years from now, and he was not willing to tie the City to parking standards which might be determined insufficient between now and then. With regard to Item D, Landscaping, he asked that the same wording be inserted into that portion -- wording to say "and comply with all ordinances in effect at the time of building permit issuance." He said that Ahmanson projected a ten-year buildout, and what 3 MINUTES OF THE ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL & REDEVELOPMENT AGENCY DECEMBER 7, 1989 s • • • • • • • • • • • • • • • • • • • • • • • • the City required today vs. ten years from now might be substantially different. With regard to Exhibit 0 where it addressed Painters Path, he saw nothing that would provide for either pedestrian or bicycle bridge across that street, and he felt there should be. Upon question by Councilman Wilson, he said it should be anywhere across the wash, not necessarily at Painters Path, but allow foot traffic across so that people did not have to walk to the highway and back or get in their cars and drive to the site. With regard to the Fairhaven Drive area behind the Fire Station, it should be noted there that pedestrian access should be provided from residential areas into that commercial areas so as to prevent what happened a year ago with Mr. Pickell and the wall at the Town Center. With regard to the section entitled "Housing", he had two comments: 1) Wording now ties us to a fixed total amount of money that's obviously fixed in 1989 dollars. Much of that funding may not be paid to us until up to ten years from now, and those dollars wi 1 l not be the same as it will not take into consideration the inflation that has occurred in that time. In the same issue, he did not have any rationale of how the City arrived at the initial statements that had to do with so many housing units per square foot of shopping center down to this particular number. He objected to the wording "this fee shall be payable by the developer only if an equivalent fee based upon the same formula shall be required by the City with respect to all other commercial development within the City. The acceptance of that wording, he felt tied the City to no ability to be flexible in the future. Mr. Drell responded that staff had forecast what the cost of the City's housing agreement with Western Center on Poverty would cost, what our needs beyond that would be in the year 2008 in terms of building units, and then revenue was forecast which would be available to pay for those housing programs, principally the 20% Redevelopment Agency set aside. From that analysis. a shortfall was determined beginning in the years 2002 and 2003 between how much money we'd need to subsidize the required number of unitE 4 MINUTES OF THE ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL A REDEVELOPMENT AGENCY DECEMBER 7, 1989 r s s s * * * r s * s • s * s s s s s ■ a • * s s and what our revenues would be and how much money we would have to collect to eliminate that deficiency. That was the source of the total amount of money needed to supplement other housing revenues. Then staff determined over that period of time how much commercial development would occur, and it was projected at approximately 2 million sq. ft. of general commercial, 500,000 sq. ft. of office, and 1 , 500 hotel rooms. The costs to raise the desired amount of money were then apportioned among those uses based on the project's relative contribution to the problem. Mr. Diaz added that it did not matter how big or where, it was more or less the type, and the formula takes all of that into consideration. Councilman Wilson suggested taking the sentence of concern and change the wording slightly to say: "This fee shall be payable by the developer only if a similar fee equal to or greater is charged all other commercial development." He said this indicated that the City was going to charge every commercial development at least this much and leave the option open." Councilmembers concurred. Kelly: Concerned about the ratio of parking for the project vs. the Lucky Store on Country Club Drive. Mr. Diaz said that center ended up at around 5 instead of 5.5. The ordinance for supermarkets calls for 5. Mr. Kelly felt it should be examined in that there is not enough parking there, and he did not feel that 5.5 would be enough for these developments. Mr. Diaz responded. that 5.5 parking spaces for this development is sufficient in terms of numbers, but if the parking lots are not laid out properly, it does not work. This will be considered at the time the specific plans are considered by both the Planning Commission and City Council. Benson: Said that the CVAG Committee on Housing was working with the Riverside Consortium on Child Care and she asked if this development would be obligated to address child-care needs. Mr. Diaz responded that the developer was most willing to sit down and talk about it when specific plans were available. He said that within the last three months, the Planning Commission had approved an adult day care center In the Industrial area 5 MINUTES OF THE ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL & REDEVELOPMENT AGENCY DECEMBER 7, 1989 • • ■ • • • • • • • • • • • • • • • • • • • • • • as well as a 24--hour child care center at Country Club and Portola development. With regard to Site Area #4, Mr. Diaz noted that the wording under 8A, Development Site Area #4, changed from the earlier agreement. It now says "special consideration shall be given to the design of the structures on Site Area 4 to assure the development shall be compatible with developments east of Fairhaven Drive on the south side of Fred Waring Drive" and "unless specifically modified by the City Council as part of the development review process, the first 100 feet of the site adjacent to Fred Waring Drive shall be restricted to Office Professional use." Mayor Crites invited testimony from the developer, and the following spoke: MR. GREG SIMON, Vice President of Ahmanson Development Company, said they whole-heartedly agreed that child care was a real issue. Agreed with frontage development along Fred Waring Drive as well as the condition dealing with Fairhaven Drive. Felt that 5.5 space parking requirement was more than sufficient especially in light of the proposed people mover. Did not agree with the bridge over the wash as he felt it would not be necessary and the cost would be a deterrent to providing other amenities. He commended the City staff for its excellence in preparing the development agreement and working diligently with his company. Mayor Crites asked if Ahmanson would be willing to commit to building the parking lots at the 5.5 standard in exchange for Ahmanson's relinquishing its right to come in and ask for a reduction. Mr. Simon responded in the negative. With no further public testimony offered, Mayor Crites closed the Public Hearing. Councilman Wilson complimented staff and the developer for efforts in what he called a long, arduous process in working out many details and coming up with something that sets a direction for our future over the next ten years. Councilman Snyder echoed the sentiments. 6 MINUTES OF THE ADJOURNED MEETING OF THE PALM DESERT CITY COUCNIL 6 REOVELOPMENT AGENCY DECEMBER 7, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Upon motion by Kelly, second by Wilson, Ordinance No. 588 was passed to second reading by unanimous vote of the Council. Upon motion by Wilson, second by Snyder, Ordinance No. 589 was passed to second reading by unanimous vote of the Council. Upon motion by Kelly, second by Benson, Ordinance No. 590, with the Exhibit titled Housing amended to include wording "This fee shall be payable by the developer only if a similar fee equal to or greater is charged all other commercial development" was passed to second reading by a 4-1 vote of the Council with Mayor Crites voting NO. Upon motion by Wilson, second by Snyder, Ordinance No. 591 was passed to second reading by unanimous vote of the Council. Upon motion by Snyder, second by Wilson, Redevelopment Agency Resolution No. 228, approving the DDIA, was adopted by unanimous vote of the Agency Board. VI. REPORTS AND REMARKS A. CITY MANAGER A. CONSIDERATION OF BIRTCHER-DUNHAM PEOPLE MOVER AGREEMENT. Upon motion by Wilson, second by Snyder, the item was added to the agenda by unanimous vote of the Council. Mr. Altman said that after meeting with the City Attorney, Ray Diaz, and himself, Birtcher-Dunham was willing to agree to paying $2.50 per square foot of building space at the time of building permit issuance. The City would keep any interest gained on the money, and it would not be refunded if the People Mover did not go forward. Upon motion by Wilson, second by Snyder, the Mayor was authorized to execute such an agreement with Birtcher-Ounham. 7 MINUTES OF THE ADJOURNED MEETING OF THE PALM DESERT CITY COUCNIL & REDVELOPMENT AGENCY DECEMBER 7, 1989 • • • • • • • • • • • • • • • • • • • • • • • • a B. REQUEST FOR APPROVAL of a Temporary Use Permit for a Tent Party in Presidents' Plaza East. Upon motion by Snyder, second by Benson, the item was added to the agenda by unanimous vote of the Council. Mr. Altman reviewed the staff report and recommendation for approval. Upon motion by Wilson, second by Snyder, the request was approved by unanimous vote of the Council, and staff was directed to issue the Temporary Use Permit. B. CITY ATTORNEY Mr. Erwin stated a need for a brief Closed Session pursuant to Section 54956.9(a), Litigation, to discuss the case of Babich vs. The City of Palm Desert. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Committee Reports: Councilman Wilson asked that staff be directed to look into the pros and cons of the City's purchase of Palmer CableVision, perhaps as a joint powers agreement with other cities in the Valley. Mr. Altman said staff would look into it and report at a future meeting. Mayor Crites appointed Councilmen Wilson and Kelly to serve with Carlos Ortega and Paul Gibson in looking into the purchase. Councilmember Benson said she had read in the Press Enterprise that four to six trains a day would be traveling to the Eagle Mountain site if approved as well as 200 trucks. She felt the City should ask South Coast Air Quality Management District and the CVAG Energy Committee to look into this as to its effects on our air quality and environment. Perhaps a condition that the trains be electric and the trucks be required to use alternate fuel should be encouraged. Mr. Altman said he would investigate and report to the Council at a future meeting. MINUTES OF THE ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL & REDEVELOPMENT AGENCY DECEMBER 7, 1989 s s ; . s ■ . • . a * • s s a s s s : • s * s ; • would be submitted to the Board of Supervisors. He asked that staff look at this latest draft. Mayor Crites reported that the BLM had approved the Santa Rosa Mountains as a National Scenic Area. o City Council Requests for Action: None VIII. ORAL COMMUNICATIONS - B None IX. ADJOURNMENT Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Mayor Crites adjourned at 5:10 p.m. to Closed Session pursuant to Government Code Section 54956.9(a), Litigation. He reconvened the meeting at 5:25 p.m. with no action announced. ATTEST: 'l ILL GAN Y 8 SHEILA R. G � , CITLERK SECRETARY TO THE PALM D ERT CITY COUNCIL/REDEVELOPMENT AGENCY 9 BU A. CRITES, MAYOR/CHAIRMAN