HomeMy WebLinkAbout1993-08-09MINUTES
SPECIAL MEETING OF THE PALM DESERT CITY COUNCIL
AND ITS REDEVELOPMENT AGENCY
WEDNESDAY, AUGUST 9, 1993
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I. CALL TO ORDER
Mayor Pro-Tem/Vice Chairman Wilson convened the meeting at 1:40 p.m.
II. ROLL CALL
Present: Excused Absence:
Councilman/Member Richard S. Kelly Councilman/Member Buford A. Crites
Councilman/Member Walter H. Snyder Mayor/Chairman Jean M. Benson
Mayor Pro-Tempore/Vice Chairman S. Roy Wilson
Also Present:
Paul Shillcock, Acting City Manager
Doug Phillips, Deputy City Attorney
Mary P. Frazier, Deputy City Clerk/Assistant Agency Secretary
David Yrigoyen, Acting Director of Redevelopment
Ramon A. Diaz, ACM/Director of Community Development
Richard J. Folkers, ACM/Director of Public Works
Paul Gibson, Finance Director/City Treasurer
John Wohlmuth, Assistant to the City Manager
Keri Weller, Emergency Services Coordinator
III. ORAL COMMUNICATIONS
MR. ERIK LARSON, 74-266 Fred Waring Drive, Palm Desert, stated he had come to the meeting
with his neighbor, Richard Fuller, and asked for a progress report on the City's acquisition of
residential property on Fred Waring Drive. He said they had both located other homes they wished
to purchase and wondered how soon the City would be purchasing their existing homes.
Mayor Pro-Tempore/Vice Chairman Wilson responded that staff had been directed to prepare a
report for the August 26th City Council meeting.
Mr. Folkers added that staff was in the process of preparing that report and should have a
substantial amount of information to report on August 26th; however, due to the detailed elements
involved, he said staff might not have all of the costs.
MINUTES
SPECIAL PALM DESERT CITY COUNCIL MEETING AUGUST 9, 1993
s s s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
IV. OLD BUSINESS
A. CONSIDERATION OF COOPERATION AGREEMENT WITH THE COUNTY OF
RIVERSIDE REGARDING PROJECT AREA NO. 4.
Mr. Yrigoyen noted the revised agreement distributed to Council earlier that day. He said
the agreement would provide the County with the pass through for Redevelopment Project
Area No. 4. He said the basic provisions would be that the Agency would pass through
22.34% of the 1 % of the property tax from the project up to the point of annexation of the
area; at that time the Agency would pass through to the County 16.76% of the tax increment
for use in its General Fund.
He noted a change in this new agreement from the previous version was the addition of
Section 7 relative to Indemnification, which he said was requested by the County. He added
that the City would not indemnify the County for anything caused by the County. He said
staff would recommend approval of the agreement, and he offered to answer any questions.
Councilman/Member Kelly questioned Section 8 relative to Modification and Termination and
asked whether the County could cancel the agreement if the State were to do something that
would take money away from the County.
Mr. Phillips explained that per this section, the County, City, and Agency would have to
mutually agree to cancel it; the County could not do so alone. He added that the second
portion of this section provided that if any part of the agreement is found to be invalid, that
bad portion could be cut out by a judge or court, and the rest of the agreement would remain
in effect.
Councilman/Member Snyder asked whether this agreement would be taken to the Board of
Supervisors on August loth, and Mayor Pro-Tem/Vice Chairman Wilson responded that it
was included on that Board's Agenda for August 10th.
Upon further question by Snyder, Mr. Yrigoyen stated that the County wanted the City's
approval prior to its taking action. He added that the County representative had looked at the
agreement and indicated he would take it to the Board with a recommendation for approval.
Councilman/Member Kelly moved to: 1) As City Council, by Minute Motion, approve Contract
No. C07710 between the County of Riverside, the City of Palm Desert, and the Palm Desert Redevelopment
Agency, and authorize the Mayor Pro-Tempore to execute same; 2) as the Redevelopment Agency Board,
waive further reading and adopt Resolution No. 281,, approving Contract No. C07710 and authorizing the
Vice Chairman to execute same. Motion was seconded by Snyder and carried by unanimous vote.
2
MLNU'TES
SPECIAL PALM DESERT Cl TY COUNCIL MEETING AUGUST 9, 1993
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
V. NEW BUSINESS
A. CONSIDERATION OF AGREEMENT REGARDING ANNEXATION WITH THE
COUNTY OF RIVERSIDE AND THE REDEVELOPMENT AGENCY OF THE COUNTY
OF RIVERSIDE RELATIVE TO PALM DESERT ANNEXATION NO. 29.
Mr. Diaz stated that staffs recommendation was that the Council continue this matter until
the Redevelopment Project Area is finalized and established. He said it was critical that the
annexation proceed after we have assured ourselves that we have the resources to resolve any
of the problems that may impact the City of Palm Desert. He said that County staff had
looked at the agreement and indicated they had no problem with it and would recommend
approval. He said staff wanted to be sure everything is in place in terms of the Project Area.
Upon question by Councilman Kelly, Mr. Diaz responded that staff expected everything
would be in place by September 19th to allow us to proceed with the agreement, which
should be brought back to Council at its meeting of September 23rd.
Mayor Pro-Tem Wilson asked whether the Council could approve the agreement contingent
upon establishment of the Redevelopment Project Area.
Mr. Diaz responded that counsel had recommended the item be continued. He noted that
September 19th would be the final date for someone to challenge the establishment of the
project area, and it was felt it would be better to hold the agreement until after that date. He
noted that there was a San Marino court decision that indicated the City would be better off
waiting until after the final date to challenge. He added that staff would contact LAFCO to
let them know we wish to move ahead as soon as everything is ready to go.
Councilman Snyder moved to continue this item to the meeting of September 23, 1993. Motion
was seconded by Kelly and carried by unanimous vote.
VI. ADJOURNMENT
Upon motion by Kelly, second by Snyder, and unanimous vote of the Council, Mayor Pro-Tempore
Wilson adjourned the meeting at 1:50 p.m.
ATTEST:
\NO�� � A. Q_
MARY P. IER, DEPUft CITY CLERK
CITY OF P DESERT
/��i
OY �1V, MAYOR PRC'EMPORE
3