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HomeMy WebLinkAbout1996-07-03ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL, PALM DESERT REDEVELOPMENT AGENCY, and PALM DESERT FINANCING AUTHORITY WEDNESDAY, JULY 3, 1996 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor/Chairman/President Snyder convened the meeting at 10:00 a.m. H. ROLL CALL Present: Councilmember/Member/Commissioner Jean M. Benson Mayor Pro-Tem/Vice Chairman/Vice President Richard S. Kelly Mayor/Chairman/President Walter H. Snyder Excused Absence;, Councilman/Member/Commissioner Buford A. Crites Councilman/Member/Commissioner Robert A. Spiegel Also Present: Ramon A. Diaz, City Manager Carlos L. Ortega, RDA Executive Director David J. Erwin, City Attorney Richard J. Folkers, ACM/Director of Public Works Phil Drell, Director of Community Development Agnes Flor, Acting Director of Finance Mary P. Gates, Deputy City Clerk III. ORAL COMMUNICATIONS None MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL/PALM DESERT REDEVELOPMENT AGENCY/PALM DESERT FINANCING AUTHORITY JULY 3, 1996 " * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. NEW BUSINESS A. CONSIDERATIQN URGENCY ORDINANCE IMPOSING A MORATORIUM UNTIL A STUDY IS DONE AND COMPLETE ON THE EFFECT OF LOCATION ON TELECOMMUNICATIONS TOWERS AND ANTENNAS IN THE CITY OF PALM DESERT. Mr. Erwin reviewed the proposed ordinance, noting that if adopted, the moratorium would be for a period of 45 days from the date of adoption. If the Council wished to extend the moratorium, it would have to notice a public hearing within that 45 day period and then could extend the moratorium for up to ten months. He said the ordinance would have to be adopted by unanimous vote. He noted that there was a continued public hearing on the City Council Agenda of July 11, 1996, which would be affected by this ordinance. He said the August 22nd Council meeting would be 50 days from today; therefore, if the Council were to adopt the ordinance now, he would ask that it consider meeting again some time prior to August 22nd for the purpose of allowing staff to notice a pubic hearing, report to the Council on the study, and ask for an extension if necessary. He said the alternative would be to defer action until the City Council meeting of July 1 lth. If the ordinance is adopted at that time, the August 22nd meeting would fall within the 45 day period. Councilmember Benson moved to continue this matter to the meeting of July 11, 1996. Motion was seconded by Kelly and carried by unanimous vote. V. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF BLYTHE COUNTY ADMINISTRATIVE CENTER FINANCING (Continued from the Meeting of June 27, 1996). Mr. Ortega noted that this was a joint Redevelopment Agency/Financing Authority item and stated that the staff report outlined the recommended action. He offered to answer any questions and noted that approval would not commit either Financing Authority or Redevelopment Agency funds. He added that Financing Authority Resolution No. FA-17 should be amended on page 4 to reflect an amount not to exceed $7.750.0.QQ and a maximum interest rate of not to exceed 7.75% per annum. Mr. Diaz stated that one of the items attached to this and the reason for the continuance to this date was for the Council to receive information as to actions on the part of the Board of Supervisors of Riverside County. He noted a memorandum received from Linda Thomason of the County of Riverside that was distributed to the Council and said he had received a call this morning from her indicating that the Board of Supervisors voted affirmatively on this memorandum and that the County 2 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL/PALM DESERT REDEVELOPMENT AGENCY/PALM DESERT FINANCING AUTHORITY JULY 3, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * would support the City in making some changes to the current ERAF regulations that would allow the City to be considered separately in that area. Member/Commissioner Kelly expressed concern that this was for something not even in the City of Palm Desert. He said he did not see the County doing anything special for any of the cities, let alone Palm Desert, and that he could not support this. He said he did not think the citizens of Palm Desert would want to do this, and if anything went wrong with this program, it would not look good because this City Council is here to take care of the citizens of Palm Desert, not Blythe. Upon question by Benson as to why the City of Palm Desert is doing this for the County, Mr. Ortega responded that we are basically being cooperative in the same way that we were cooperative with the County in the building of the Sheriffs Station and the Multi Agency Library. Member/Commissioner Kelly expressed concern that the County would get the pass through funds and could spend the money any way they wanted to. He said this is money collected in Palm Desert, but it would be used to build something in Blythe. He said when that system of pass through funds was set up, the stipulation was that we were going to do things like libraries and sheriffs stations and that it would be used in Palm Desert. He said he had never seen Blythe do anything to further the planning process in the Coachella Valley and that he had a difficult time understanding why Palm Desert involved in this at all. Member/Commissioner Benson asked if there was a down side or any risks associated with this. Mr. Ortega responded that with regard to the City and Financing Authority there was no risk. He said the underwriters and purchasers of the bonds will fully know, pursuant to disclosure, that their only recourse is to the lease payments and facilities. He said we were not obligated to make up any shortages in the trust fund. Member/Commissioner Benson asked what the money could be used for within the City if this request was not approved. Mr. Ortega responded that if the monies are not committed to projects, the County can, once a year, request the excess funds and use them for whatever County projects they have. The funds would not have to be used in Palm Desert. He said, for example, that for fiscal year ending June 30, 1995, Palm Desert send them a check for $5 million which was excess funds that had built up. Mr. Diaz stated it was his understanding that the County could use those pass through funds in any supervisorial district, not necessarily within our district. Mr. Ortega added that the County could not be forced to use the money anywhere in our district. 1 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL/PALM DESERT REDEVELOPMENT AGENCY/PALM DESERT FINANCING AUTHORITY JULY 3, 1996 -w• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Member/Commissioner Benson stated she would rather see the money used in the lower end of the Valley than somewhere out of the Valley such as Corona. Chairman/President Snyder moved to approve the following: 1) That the Financing Authority, by Minute Motion, approve the site lease, I ease Agreement (Contract No. R11420), Assignment Agreement (Contract No. R 11430), Indenture (Contract No. R 11440), Implementation Agreement (Contract No. R11450), Purchase Contract (Contract No. R11460), and Preliminary Official Statement, and waive further reading and adopt Financing Authority Resolution No. FA-17 authorizing the issuance of its I pace Revenue Bonds; 2) that the Redevelopment Agency, by Minute Motion, approve the Implementation Agreement (Contract No. R11450), waive further reading and adopt Redevelopment Agency Resolution No. 32$ approving the Implementation Agreement, and by Minute Motion, approve certain actions with regard to the transaction. Motion was seconded by Benson, and the vote was 2-1-2, with Benson and Snyder voting YES, Kelly voting NO, and Crites and Spiegel ABSENT. Mr. Erwin stated that the motion did not pass because the expenditure of funds requires three affirmative votes. Member/Commissioner Benson moved to continue this matter to the meeting of July 11, 1996. Motion was seconded by Snyder and carried by a 2-1 vote, with Benson and Snyder voting YES, Kelly voting NO, and Crites and Spiegel ABSENT. VI. REPORTS AND REMARKS A. CITY ATTORNEY Mr. Erwin noted the items for Closed Session listed on the Agenda. 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Rwuest for Closed Session Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 1 Initiation of litigation pursuant to subdivision (c): Number of potential cases: 1 4 11,1 NUTES ADJOURNED JOINT MEETIl F THE PALM DESERT CITY COUNCIL/PALM DESERT REDEVELOPMENT AGENCY/PALM DESERT FINANCING AUTHORITY JULY 3, 1996 * * * 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 VII. ADJOURNMENT Upon motion by Kelly, second by Benson, and unanimous vote of the City Council/Agency Board/Financing Authority Board, Mayor/Chairman/President Snyder adjourned the meeting to Closed Session at 10:30 a.m. ATTEST: rdieac, MARY P. G , , DEPUTY CITY CLERK/ ASSISTANT • CY SECRETARY/ ASSISTANT AUTHORITY SECRETARY /./e4r-4 WALTER H. SNYDER, MAYOR/CHAIRMAN/PRESIDENT 5