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HomeMy WebLinkAbout1991-11-14MINUTES PALM DESERT PARKING AUTHORITY MEETING THURSDAY, NOVEMBER 14, 1991 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Kelly convened the meeting at 8:29 p.m. II. ROLL CALL Present: Vice Chairman Jean M. Benson Member Buford A. Crites Member S. Roy Wilson Member Walter H. Snyder Chairman Richard S. Kelly Also Present: Bruce A. Altman, Executive Director David Yrigoyen, Acting RDA Executive Director Sheila R. Gilligan, Authority Secretary David J. Erwin, City Attorney Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Paul Gibson, City Treasurer/Finance Director Phillip Drell, Senior Planner John Wohlmuth, Environmental Conservation Manager III. CONSENT CALENDAR A. MINUTES of the Parking Authority Meeting of February 14, 1991. Rec: Approve as presented. MINUTES PALM DESERT PARKING AUTHORITY NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REOUEST FOR RECONFIRMATION of Acquisition and Development Agreement with Felidae, Inc. for Monterey Village Project. Rec: By Minute Motion, reconfirm the approval of the Acquisition and Development Agreement with Felidae, Inc. and authorize the Executive Director to forward such reconfirmation to the officers of Felidae, Inc. Member Wilson asked that Item B be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Upon motion by Wilson, second by Snyder, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Parking Authority Board. IV. ORAL COMMUNICATIONS None V. RESOLUTIONS None VI. CONSENT ITEMS HELD OVER B. REOUEST FOR RECONFIRMATION of Acquisition and Development Agreement with Felidae, Inc. for Monterey Village Project. Mr. Yrigoyen reviewed the staff report, noting that the developer had amended the project and redesigned the parking area to require only a portion of the parcel in question rather than the entire parcel, leaving the property owner's house and a portion of the yard intact. He said staff's recommendation was that the Parking Authority Board reconfirm the previous agreement and authorize staff to once again begin negotiations with the property owner for a portion of the parcel. He said the Planning Commission had considered the amendment at its September 17th meeting and had requested that the Parking Authority consider the ownership/acquisition issue of the parcel in question prior to its action on the amendment. Chairman Kelly noted that this was not a public hearing but asked if there was anyone who wished to speak to this matter. MRS. RUTH GEIBERSON, 44-875 San Antonio Circle, spoke as owner of the property in question and expressed her continued opposition to the plan using any part of the property owned by her and her mother. She was also opposed to any amendment that would make any portion of the lot available to this corporation and expressed concern with the location of the project as far as parking problems 2 MINUTES PALM DESERT PARKING AUTHORITY NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and increased traffic on San Gorgonio. She said this had been her home for 22 years and that she wanted to keep the property intact. MR. FRANK GOODMAN, 77-900 Avenue of the States, Palm Desert, stated that Dr. Lyons had worked with staff and changed the parking area to meet all the criteria and still only use a small portion of Mrs. Geiberson's back yard. He added that all of the other 11 properties acquired had been cleared and that the project was now ready to go forward. Member Wilson asked what the parking area would look like if none of Mrs. Geiberson's property was taken. Mr. Drell responded that it would be reduced in area by approximately one-third and would split the parking lot in two. He said the Planning Commission felt it should not consider the amendment until the disposition of the property is settled. Member Crites stated that although Mr. Goodman indicated the plan would take a small portion of the yard, it appeared from the plans that it would actually take 40% to 50% of the lot. Mr. Drell responded that it would take close to 50% of the lot. Member Crites asked whether, in all of the different configurations, the building pad had been made smaller. Mr. Drell responded that the project had excess parking initially, which had been eliminated; however, the building was exactly the same size as it was before. Chairman Kelly questioned the order of this process and asked whether the project should be approved before purchasing the land. Mr. Altman responded that the issue at this time was whether the Board wished to reconsider its previous decision and exercise the eminent domain procedure. If not, the project would go back to the Planning Commission to review what it has. Member Benson stated that when she voted against the eminent domain, it was because it would displace the property owner from her home; however, taking the back of the property was a different question. Mrs. Geiberson would still have her home, and this is a good project that would benefit the City. Member Crites stated he felt the empty space on a person's property is as much a part of that person's home as the house itself. He said eminent domain was to be used for public safety and benefit of the general public. However, in this case, it would be used to make a corner pretty, and he did not think it was worth compromising an individual's home against her will. 3 MINUTES PALM DESERT PARKING AUTHORITY NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Yrigoyen stated that one of the automatic results of the agreement is that a public hearing would be held to consider a resolution of intention to acquire the property. Member Wilson stated that since the property owner did not wish to sell her property, the Parking Authority Board needed to make a decision as to whether or not to put in the staff time and take it through the eminent domain process. If not, we should not waste the time; if the Board does want to proceed, then the staff recommendation should be approved. Member Wilson moved to, by Minute Motion, reconfirm the approval of the Acquisition and Development Agreement with Felidae, Inc. and authorize the RDA Executive Director to forward such reconfirmation to the officers of Felidae, Inc. Motion was seconded by Benson and carried by a 4-1 vote, with Member Crites voting NO. Mrs. Geiberson commented that she felt there was no point for using the eminent domain process because she was maintaining the property she acquired 22 years ago. Member Wilson responded that there would be a public hearing prior to any final , action being taken on the eminent domain process. VII. PUBLIC HEARINGS None VIII. CONTINUED BUSINESS None IX. OLD BUSINESS None X. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL None 4 MINUTES PALM DESERT PARKING AUTHORITY NOVEMBER 14, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CHAIRMAN AND MEMBERS OF THE AGENCY None XI. ADJOURNMENT Upon motion by Crites, second by Wilson, and unanimous vote of the Parking Authority Board, Chairman Kelly adjourned the meeting at 8:55 p.m. RICHARYCS S. KELLY, CHAIRMAN J ATTEST: �!f/i� ,i SHEILA R. GILL AN, SE TARY TO THE PALM DESERT PARKING' UTHORITY 5