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HomeMy WebLinkAbout1995-06-07MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING WEDNESDAY, JUNE 7, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 9:00 a.m. B. PLEDGE OF ALLEGIANCE - Mayor Pro-Tem Walter H. Snyder M. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Richard J. Folkers, Acting City Manager Doug Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk Carlos L. Ortega, ACM/RDA Executive Director Ramon A. Diaz, ACM/Director of Community Development Gregg Holtz, Acting Director of Public Works Agnes Flor, Accounting Manager MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING JUNE 7, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. ORAL COMMUNICATIONS - A VERBATIM TRANSCRIPT Ira BAC Mayor Buford A. Crites RSK Councilman Richard S. Kelly SRG Sheila R. Gilligan, City Clerk RJF Richard J. Folkers, Acting City Manager JMB Councilmember Jean M. Benson DB Debbie Byk, resident RAS Councilman Robert A. Spiegel CLO Carlos L. Ortega, Executive Director of Redevelopment Agency WHS Councilman Walter H. Snyder DB Debbie Byk, 57 Birdie Way, Palm Desert. What I am about to address is not on your present agenda but it is on the agenda for the Redevelopment Agency. May I speak to that? BAC Certainly. DB Ok. Item #4-B on the Redevelopment Agency Agenda talks about real r. „y i.A V negotiations between the City and the Odekirks. Just as a chronology leading up to what I am going to say, the Odekirks came to the town to propose a sports park. BAC Ms. Byk this doesn't have anything to do with a sports park. I mean this is property down town. DB Ok, I understand that. RJF This is property down town. BAC This is on El Paseo. DB Ok but this relates to it because when I receive this in my mind, it looked like bail out. Now the Odekirks have requested extensions for payment. BAC This doesn't have anything to do with that issue. DB It doesn't? Ok may I just. Ok if it doesn't have, it has the appearance of, well, lets see, I went to church on Sunday and our minister gave a talk about kindness and when I read this that brought to mind that this council and this town is being very kind to these developers maybe too much so. What this appears to be like it looks 2 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING JUNE 7, 1995 * * * * s* * * * s * * s * s s * * * s * * * s* * * * s * * * * * * s* s like a conflict of interest in propriety and something that the media would have a field day with. Mayor Crites you look puzzled and I would like to say that I have to relate to the developer of the Sports Park and the purchase of this If the town feels that it is very necessary to purchase this r...r;..ty at this time it seems to be the wrong time. Why can't the town wait until the developer has all his money in the bank for the Sports Park and then purchase the property. If it's sold by that time, well so be it. There is an old saying that some things that happen, happen for the best. I don't know what this property is. I don't know what it's all about. But in John Q Public's mind reading this, what I'm expressing to you is what people think this is. And it shouldn't be you people don't want a sullied reputation, you do a fine job. I think everything is just wonderful here. This sports park has been the most contentious thing that has come before this board. Don't add to it by this appearance of something that really doesn't sit well. This can be accomplished at another time. I would recommend that it does not take place at this time. I think that's about all I have to say on this matter but I hope you take it seriously. The thousands of people who wrote expressing their opinions about this sports park, many of them are not here now, people don't know about this purchase of ...Ai and I hope that it doesn't have to go any further with anybody expressing their thoughts on this matter. Thank You. JMB Ms. Byk, I think the Mayor was trying to explain to you that this property that we're talking about is nothing to do with the Sports Park. It is to correct an error on some r,.,r:,. t1 on El Paseo. It has nothing at all to do with the Sports Park. DB But it's the same people who are involved. JMB Unfortunately it is the same people but it has nothing to do with that. DB But that's not the appearance it gives. JMB Well if they know the property. Anybody that knows where the property is would know it had nothing to do with it. DB But it is purchase of property from these people. Am I correct in saying that? BAC Perhaps Ms. Byk might wait and want to listen to the staff report about why were doing this now. DB Ok, thank You. BAC Ok with that in mind perhaps lets just start with that item. CLO Mr. Chairman, in about in 1978-79 the Redevelopment Agency constructed what is what we call the Presidential area parking lots. At that time there was some 3 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING JUNE 7, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * easements for parking that were held by the county. All of those easements were turned over to the City and subsequently the Agency was able to build the parking. However, the initial design is not what was actually built. When the project was openly built it was built on that is owned and has been owned by the Odekirks and the folks that owned the property prior to the Odekirks. So what this means is that we have public parking that is currently built on private and from the Agency perspective we want to clean that up. BAC And this is an issue that has come to our attention when? CLO It has come to our attention recently as a result of the r. „p:.. ty owner discovering that he was paying taxes on an area that is public parking. That is how it has come to our attention as far as the Agency is concerned. BAC So we have a piece of land that we're using for public parking that doesn't belong to us? CLO That's correct. WHS The man that owned it is paying taxes all this time improperly. CLO That's correct. WHS We're trying to clear that matter up? CLO Yes sir. BAC Comments from members of the Council. RAS I hope this answers your questions. DB May I ask why the Council wouldn't consider returning the property? RAS Because it's being used for public parking right now there are maybe 30 different businesses that use this piece of property during the day for people to park. DB How many parking spots are involved? RAS Golly, I have no idea. BAC It's part of an existing public parking lot that you can drive down and take a look at if you so choose. Located on what end of President's Plaza9 East end is that correct? 4 Items ADJOURNED PALM DESERT CITY COUNCIL MEETING JUNE 7, 1995 s s s s s s * s s s* s* s s s s s s s s s s s s s s s * * s* s * s s s s RAS Portola. CLO Right on Portola on the east end. I think the question could be very simply answered. Yes we could reconfigure the parking lot and leave the out. But from a cost stand point it is much cheaper to just go ahead and buy the r • „r . • tI and leave the improvements as they are. JMB This is the entrance to the east end on that r...r;.. ty? CLO That's correct. JMB So we would have to close off that whole parking lot. BAC The entrance to our parking lot is over private r..,r;,.LJ. CLO Well what happened is that there was one entrance originally designed when the project was built. There were two entrances designed and unfortunately those entrances were built on that was not held in easement by anybody or was not owned by the City. BAC And we're looking at a purchase price of? CLO That's the purpose of the closed session to discuss the purchase price. BAC Ok, alright. So were looking at a potential purchase then? And how large is the piece of land? CLO They're relatively small but half an acre between both pieces. RJF Less than a half acre. RAS The spaces are needed for parking for the businesses that are there. It's a screw up that goes way back. And one really has nothing to do with the other. This has nothing to do with the ball fields. It's correcting a problem that exists with public parking on private land is basically what it is. CLO I think Mr. Chairman that it is my feeling that based on recommendation that the board is going to take action when that price is revealed I'll be glad to discuss it with Mrs. Byk. She'll find out that we're not talking about a substantial amount of money. RAS DB It's not a lot. I don't think it's a lot of money. You'll have to agree it looks like a lot of money. 5 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING JUNE 7, 1995 « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « « RAS It looks like a lot of money. Yeah, it really looks like a lot of money. But if you would be kind enough either to stay around or give us your phone number I'm sure Mr. Ortega would be glad to discuss the purchase price with you. DB Thank you very much. RAS As a matter of fact if you'll give me your phone number I'll call you in a little while. BAC Alright is there any action that we wish to take then is to go to closed session on this item then? CLO Yes sir. BAC That's what we will do on that item. Well go back to the front of the agenda then we have one resolution to look at Resolution 95-45. Declaring acquisition of certain real property by eminent domain being necessary for Cook Street/I-10 interchange. VI. RESOLUTIONS A. RESOLUTION NO. 95-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THAT THE ACQUISITION OF THE INTERESTS IN CERTAIN REAL PROPERTY BY EMINENT DOMAIN IS NECESSARY FOR CONSTRUCTION OF THE INTERSTATE 10/COOK STREET OVERPASS AND RELATED PUBLIC ROADWAYS. VERBATIM TRANSCRIPT Key BAC Mayor Buford A. Crites RSK Councilman Richard S. Kelly SRG Sheila R. Gilligan, City Clerk RJF Richard J. Folkers, Acting City Manager RAS Councilman Robert A. Spiegel RJF Mr. Mayor you have before you a report from the City Attorney or Deputy City Attorney. Gregg Holtz is going to brief you on some other additional information then I'll proceed with both of the schedules you've been given. BAC Ok. 6 MINUTES ADJOURNED PALM DESERT CITY COUNCIL lhr r. i ai4G JUNE 7, 1995 *,*.*,* s s: s s s s s s s s s s s s s s s s s s s s s s s s s s s s GH Mr. Mayor and members of the City Council, I'll be reading a document that will cover the novvissary issue that we have to cover for the proceeding. The City of Palm Desert is proposing to construct a new connection to Interstate 10 at the planned northly extension of Cook St.. This proposed interchange will consist of 4 diamond ramps and one single loop ramp and is located 1.9 miles east of existing Monterey Ave. Interchange and 3.1 miles west of the existing Washington Interchange. This project will reduce congestion at the adjacent interchanges and complete the City of Palm Desert's traffic circulation plan, therefore being necessary and in the best public interest. This proposed project has been planned and located in a manner that would be most compatible with the greatest public good and the least private injury. The City of Palm Desert together with the Coachella Valley Association of Governments will fund 100 percent of the project through a combination of revenue sources including Measure A funds, local transportation uniform mitigation fees and a proposed local acqPssment district. Since last March of this year the real r. ,.r .,. tj division of GSA Building Services, County of Riverside, has been making every effort to acquire the rights of way needed for this project. All offers to the property owners whose lands are affected by this project have been made as required by Sections 7267.2 of the California Government Code. Settlements with all r..,r...ti owners have not been reached and negotiations will continue. All parcels and their interest as referenced in Resolution #_ are necessary for the proposed project construction. On behalf of the Public Works Department of the City of Palm Desert, staff recommends the adoption of Resolution # proceedings declaring that the acquisition of interest of certain real properties by eminent domain is necessary for this project. RJF Mr. Mayor, the City Attorney has some questions to ask. DP First for the record I have the notice of hearing that I believe our City Clerk has and if our City Clerk does not have, I have them now and will file them with the City Clerk and for the record they reflect that Notice of Hearing went out on May 12, 1995. I had some questions if I could ask just for the record with respect to this matter. First of all, Mr. Holtz, with respect to the public interest and necessity, can you briefly explain how the overpass will be either socially or economically helpful to the public. GH OK, it will reduce the traffic congestion in the other two intersections with Interstate 10. It is also on the alignment of the extension of Cook Street and will provide another access point to the Palm Desert, Indian Wells, Rancho Mirage areas. DP As far as the location of this project as opposed to other potential locations, why was this one selected and not others? 7 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING JUNE 7, 1995 s s s s s s * s s s s * s s s s s s s s s s s * s s s s s s s s s s s s s s GH DP Because of its alignment with the proposed Cook St. extension and FHWA also approves this location because of its proximity to the other two existing overpasses, Monterey and Washington. They will not allow any closer than this Cook St. Interchange. Thank you, and finally with respect to properties that are being acquired either by way of easement or fee, could you tell us whether or not those t,..,,,,.A lies are suitable and desirable for the construction of the overpass? GH Yes they are. DP Can you tell us why. GH The necessary right-of-way in the design of interchange is located in an area of agricultural zoning. The access provided to these r- „r :.. L es by this interchange will be something that is good for those r. , r .. Les even though. we are taking portions of those for the construction of the interchange. DP All right, and the that is being acquired is simply that property that is necessary for the overpass and nothing else? GH That is correct. DP And the necessary rights -of -way so that the overpass ---- GH Yes, that's correct. DP Thank you very much. I have no further questions. Thank you Mr. Mayor and Council. BAC Comments from members of this body? If there are none then I will open the public hearing and ask if there is anyone in the audience who wishes to offer comment on this matter. Ask the City Clerk for proof of mailing of Notice of Hearing. SRG As Mr. Phillips reported we are now filing the Proof of Mailing. BAC OK. We have had a staff report concerning the real property to be possibly acquired and the relation to the City's purpose. To the City Clerk, are there any filed written objections, protests or requests to be heard? SRG None. 8 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING JUNE 7, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s s BAC RAS RJF Is there anyone in the audience who wishes to offer comment on this matter? With that then I would close the public hearing and ask for comments from members of the Council. Well, obviously the interchange based on the traffic we have in Palm Desert is necessary. One question I should have asked before, how much property were we able to acquire and how much are we going to acquire by eminent domain? At this point in time there are five parcels that we are attempting to acquire, one from the SP Railroad is in process, two parcels, Ivy Ranch and the Paris Brothers, are at this point close to agreement, the other two Mr. Hahn r. ,,r ty and TMP we are still negotiating. We haven't gotten closure on those. RAS Thank you. BAC Ok, if there is no one else who wishes to comment, is there support for making a resolution? RAS RSK BAC SRG I move to approve Resolution #95-45. Second. There's a motion and a second. If there's no further discussion, please vote. And the motion carries by unanimous vote. B. CLAIM AGAINST THE CITY (#281) BY RON ODEKIRK IN THE APPROXIMATE AMOUNT OF $33,000.00 (Continued from the Meetings of April 27 and May 11, 1995). Mr. Phillips recommended denial of this claim. Councilman Spiegel moved to, by Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. Motion was seconded by Benson and carried by unanimous vote. VII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 9 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING JUNE 7, 1995 s* s s s s * s* s s * s s s s s s * s s s s * *** s * s s s s s s s s s C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action., Councilman Kelly stated that Mayor Crites had just handed to him a letter from the California Energy Commission announcing the electric vehicle facilities development and regulations, and he noted for the record that there was a little red bug parked in his position where the charging station is for his electric vehicle and he said he thought we ought to see that other vehicles are not allowed to park at his charging station. o City Council Committee Reports: None VIII. ORAL COMMUNICATIONS - B None IX. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting to Closed Session at 9:30 a.m. He reconvened the meeting at 9:35 a.m. and immediately adjourned with no action announced from Closed Session. ATTEST: 1 SHEILA R. GILLIGAN,`Y CLERK CITY OF PALM DESERT, CALIFORNIA BUFO'ii A. CRITES, MAYOR 10