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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