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HomeMy WebLinkAbout1991-02-14MINUTES PALM DESERT PARKING AUTHORITY MEETING THURSDAY, FEBRUARY 14, 1991 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Snyder convened the meeting at 9:38 p.m. 11. ROLL CALL Present: Member Jean M. Benson Member Buford A. Crites Vice Chairman Richard S. Kelly Member S. Roy Wilson Chairman Walter H. Snyder Also Present: Bruce A. Altman, Executive Office/City Manager Carlos L. Ortega, ACM/RDA Executive Director Sheila R. Gilligan, Authority Secretary Paul Shillcock, ACM/Director of Economic Development Richard J. Folkers, Director of Public Works/ACM Ramon A. Diaz, ACM/Director of Community Development/Planning Pat Conlon, Director of Building & Safety Frank Allen, Director of Code Compliance Ill. CONSENT CALENDAR A. MINUTES of the Parking Authority Meeting of January 24, 1991. Rec: Approve as presented. Upon motion by Crites, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Parking Authority Board. IV. ORAL COMMUNICATIONS None MINUTES PALM DESERT PARKING AUTHORITY FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. RESOLUTIONS None VI. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF ACQUISITION FOR THE DEVELOPMENT OF PARKING IMPROVEMENTS. (Continued from the meeting of January 24, 1991.) Mr. Ortega reviewed the staff report and showed photos of the proposed project fronting on Monterey Avenue and San Antonio Circle. He said this matter was before the Parking Authority Board to consider a resolution of necessity declaring certain real property necessary for public purposes and authorizing the acquisition thereof. He said a letter had been received from Richard R. Holtz of the law firm of Rohrer and Holtz stating that Mrs. Toracey Yardley and Mrs. Ruth Guiberson, owners of the property at 44-875 San Antonio Circle, were requesting the right to appear and be heard at this hearing. He offered to answer any questions. Chairman Snyder declared the public hearing open and invited testimony in FAVOR. MR. FRANK GOODMAN, 77-900 Avenue of the States, Palm Desert, addressed the Board and asked that he be allowed to rebut any negative comments that might be offered. Chairman Snyder invited testimony in OPPOSITION. MRS. RUTH GUIBERSON, 44-875 San Antonio Circle, Palm Desert, said this had been her home for over 20 years and was very sentimental for her because she had raised her daughter there and thought she would live there the rest of her life. She said it was her understanding that eminent domain was used only in projects where the public good was in order, such as parks, hospitals, libraries, schools, etc., which would benefit the entire community. She said she wondered about all of the proceedings taking place and said Member Crites had given his verbal word that she would not be subjected to any of the things she had been subjected to since November. She questioned who the real party of action was, noting that different pieces of correspondence from the City showed first the City, then Frank Goodman, and again the City as the real party of action. With regard to the project, Mrs. Guiberson suggested scaling it down somewhat and allowing her and her mother to keep their home since she did not feel her property was necessary for the project. She added that she felt her feelings had not been taken into consideration in this matter. 2 MINUTES PALM DESERT PARKING AUTHORITY FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. FRANK GOODMAN addressed the Board and pointed out that the project had been approved by the Economic Development Committee, City Planning staff, Planning Commission, and City Council, and it met all criteria of the Redevelopment Commercial Core Area development plan. He felt the project was definitely in the public interest. Chairman Snyder declared the public hearing closed. Board Comments/Ouestion: Crites: Felt the eminent domain process should be used only when there is an absolute public necessity. Although this project would be nice for the City and the area, felt the primary beneficiary of the eminent domain process in this case would be the private developer, not the public. Said when it came to a choice between a private developer and someone's home, it was easy for him to make a decision, and that decision would be "no". Upon question by Member Benson relative to property along Alessandro, Mr. Ortega responded that in accordance with the Commercial Core Area Specific Plan (Plan), there was other property that if someone were to put together several parcels for a project, the City might use its powers of eminent domain to assist in that development. Kelly: Said this was not a matter of dealing with a situation where the economy of the City would be affected, and it would be very difficult for him to approve the use of the eminent domain process under these circumstances. He agreed that the purpose of the Plan was to get developments such as this; however, if people do not want to sell their property and want to stay where they are, this will have to wait a while. Wilson: The Plan calls for the whole redesign of that area, and it will not happen unless difficult decisions such as this are made. Member Crites moved to deny Resolution No. PA-2. Motion was seconded by Kelly. Chairman Snyder reopened the public hearing at the request of the developer. MR. GOODMAN stated he felt it was totally unfair that the City had allowed the property owner, Dr. Lyons, to proceed for better than three years along this line with the tacit approval of the Planning Commission and the City Council. He said the issue here was not Mrs. Guiberson's home and that she had absolutely refused to listen to anything other than two and a half times the appraised value of her home. He said she was perfectly willing to sell and to move; however, her problem was that because she was the owner of the last of 12 lots, she felt she could hold up the entire project and get more for her property. He added that much more than the value of her property had already been offered to her. 3 MINUTES PALM DESERT PARKING AUTHORITY FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Chairman Snyder declared the public hearing closed. Kelly: Said he remembered when the Parking Authority was formed. He said Member Crites asked if it was being formed to take someone's property and clearly did not want such a thing to happen. He said there were lots of parcels that had been put together since he was on the Council; if they could not get all of the parcels they wanted, they developed the project with what they could acquire. He added that he had never told anyone he would use the eminent domain process to help them out. Chairman Snyder called for the vote. Motion carried by a 4-1 vote, with Member Wilson voting NO. VII. CONTINUED BUSINESS None VIII. OLD BUSINESS None IX. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE OFFICER None B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None 4 MINUTES PALM DESERT PARKING AUTHORITY FEBRUARY 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. ADJOURNMENT Upon motion by Crites, second by Benson, and unanimous vote of the Agency Board, Chairman Snyder adjourned the meeting at 10:25 p.m. WALTER H. SNYDER, CHAIRfAN ATTEST: SHEILA R. GILL ' AN, j' CRETARY TO THE PALM DESERT PARK AUTHORITY 5