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HomeMy WebLinkAbout1990-12-131 MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, DECEMBER 13, 1990 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Chairman Snyder convened the meeting at 6:05 p.m. II. 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: Carlos L. Ortega, Executive Director Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.1.O. Paul Shillcock, ACM/Director of Economic Development Paul S. Gibson, Finance Director/City Treasurer Ramon A. Diaz, ACM/Director of Planning/Community Development Richard J. Folkers,ACM/Drector of Public Works III. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of November 8, 1990, and the Adjourned Meeting of November 29, 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. WR1019, WR1101, WR1107, and WR1109. Rec: Approve as presented. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 1990 C. REOUF,ST FOR APPROV&L of Change Order No. 9 to Contract RD-343 Sheriff's Station. Rec: By Minute Motion, approve Change Order No. 9 in the amount of S66,057.68. D. REQUEST FOR APPROVAL of Contract for Cahuilla Hills Park Roadway Easement (Contract No. RD-492). Rec: By Minute Motion: I) Authorize a contract with Allred & Kyser Construction Company in the amount of $22,326.00 to put in a roadway easement (Contract No. RD-492); 2) Appropriate $22,326.00 from the Project Area No. 2 Fund. Upon motion by Wilson, second by Crites, the Consent Calendar was approved as presented by unanimous vote of the Agency Board. W. ORAL COMMUNICATIONS None V. RESOLUTIONS None VI. CONSENT ITEMS HELD OVER None VII. NEW BUSINESS None VBI. CONTINUED BUSINESS None Member Wilson moved to adjourn the meeting at 6:06 p.m. to Closed Session pursuant to Government Code Sections 54956.9 (a), pending litigation (Smith vs. Palm Desert, Western Allied Properties vs. Palm Desert and CVWD), and 54956.8, Property Acquisition. Motion was seconded by Crites and carried by unanimous vote of the Agency Board. Chairman Snyder reconvened the meeting at 8:00p.m. in order to consider a joint public hearing with the City Council. 2 MINUTES PALM DESERT REDEVELOCINT AGENCY MEETING DECEMBER 13, 1990 IX. OLD BUSINESS NOTE: This item was considered following the joint public hearing. A. REQUEST FOR APPROVAL OF INCREASED BUDGET FOR THE SELF- HELP HOUSING PROGRAM. Mr. Ortega reviewed the staff report and offered to answer any questions. Member Crites moved to, by Minute Motion, authorize the increase in the proposed budget for the Self -Help Housing Program in the amount of $170,988 and appropriate such funds from the Agency's Low and Moderate Income Reserve Fund. Motion was seconded by Benson and carried by unanimous vote of the Agency Board. X. PUBLIC HEARINGS A. JOINT PUBLIC HEARING WITH THE CITY COUNCIL TO CONSIDER PROPOSED AMENDMENT NO. 6 AND AMENDMENT NO. 7 TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. 1, AS AMENDED. Chairman Snyder reconvened the Redevelopment Agency meeting at 8:00 p.m. for the purpose of considering this as a joint City Council/RDA public hearing. Mr. Ortega asked that the Agency Board adopt Resolutions No. 238 and 232 approving the reports and transmitting such reports and amendments to the City Council. Member Crites moved to: 1) Waive further reading and adopt Agency Resolution No. 238, approving its Report to the City Council concerning proposed Amendment No. 6 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, and transmitting such Report and Amendment to the City Council; 2) Waive further reading and adopt Agency Resolution No. 239, approving its Report to the City Council concerning proposed Amendment No. 7 to the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, and transmitting such Report and Amendment to the City Council. Motion was seconded by Benson and carried by unanimous vote of the Agency Board. Mayor/Chairman Snyder declared the public hearing peen and asked for staff's report. Mr. Ortega reviewed the letter sent by certified mail to property owners in the City, which resulted in many phone calls as well as written responses. He explained for the benefit of the audience what the Redevelopment Agency is and what it does. He said one of the concerns was whether these amendments would cause taxes to increase; he assured everyone that taxes would not be increased. He added that the amendments would allow for funding, through taxes already being paid, of projects such as the Civic Center Master Plan (including Sheriff Station and YMCA facility) and the People Mover. He noted the following examples of projects created and financed through the Redevelopment Agency: sewer and storm drain improvements in the Palma Village Area, Palm Valley 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY M=iu1u DECEMBER 13, 1990 storm channel, Portola storm drain, Fred Waring storm drain, superblocks, Town Center Fire Station, and College of the Desert Child Care Center. He said another question raised by citizens was whether their property was being considered for condemnation, and he said no specific condemnation proceedings were being considered at this time. Mr. Ortega stated that the Agency Board and City Council may not consider resolutions approving the amendments and negative declarations and may not introduce the ordinance approving and adopting the amendments if written objections are received prior to or at the joint meeting. Several written communications from property owners and affected taxing agencies had been received, and he asked that the Board and Council continue this matter to the next meeting in order to allow staff time to address concerns raised. Councilman/Member Wilson said it seemed most people were basically opposed to the amendments because they would affect the El Paseo Village Condominiums, and he asked what the affect would be. Mr. Ortega responded that the people thought the People Mover would affect their property; it would not. He noted that staff had talked to some of the residents as well as to an attorney representing some of the homeowners and explained what the amendments were about. Staff felt the attorney had understood, but apparently the letters were sent anyway. Mayor/Chairman Snyder invited testimony from the audience. MR. BRADLEY J. HUDSON spoke on behalf of the County of Riverside, County Free Library System, and County Structural Fire System. He said the County had previously submitted to the Agency a report of the Fiscal Review Committee and an analysis of the proposed amendments. He said the County was opposed to the amendments for the following reasons: unmitigated fiscal impact on the County in that $1.2 billion total increment will be diverted from all agencies, with approximately $365 million from the County of Riverside. Agency has not complied with California Environmental Quality Act (CEQA). Amendments and projects outlined with the amendments and plan itself do not comply with California Redevelopment law. Amendments and proposed projects outlined therein are not consistent with the City's General Plan. He urged the Agency not to adopt the proposed amendments and to direct staff to work with the County to address concerns raised. Councilman/Member Crites mentioned the County's ten-year adamant refusal to return to the citizens of Palm Desert for City use any part of their property tax money, all of which now goes to the County and State. He added that the County has opposed every attempt by the City to get a reasonable share (like 4 Jy MINUTESrguS PALM ur.irll■ REDEVI )4FRF AGENCY MFB'11NG DECEMBER 13, 1990 Palm Springs and Indio) of the taxes paid, and he asked if the County was now saying it was willing to give Palm Desert the same amount of property taxes as it returns to Indio, Hemet, etc. Mr. Hudson responded that cities which have a property tax rate were incorporated prior to Proposition 13. In addition, many cities such as Palm Desert and Rancho Mirage were incorporated under the banner of "we have no property tax",and then after Prop. 13 hit, they say redevelopment as a way to gain quasi -legally that which they chose not to asps up front. Councilman/Member Wilson asked why, it redevelopment was as evil as Mr. Hudson painted it, the County was so aggressively developing redevelopment areas throughout the County. Mr. Hudson responded that it was a simple case of "if you can't beat them, join them". Mayor/Chairman Snyder stated that staff would be responding to concerns raised in the letter. Mn. Altman noted for the benefit of the audience that Palm Desert generates $31 million in property tax and gets $360,000 per year for redevelopment. MR. JACK MATLOCK spoke in SUPPORT on behalf of College of the Desert, Palm Springs Unified School District, Desert Sands Unified School District, and the Mosquito Abatement District. He noted that all four agencies were members of the Fiscal Review Committee. He said although they acknowledged there would be a fiscal burden and detriment, they supported the idea of retaining local taxes for local purposes. He added that they felt they had a better chance working with the City than with the State to retain some of those local taxes for local school programs, especially in the area of facilities. In closing, he asked that the Council/Board consider that the Mosquito Abatement District exists on a very small tax increment; all the cities in the Valley receive benefits from the agency, and he asked that the increment be returned for ongoing support of the District. MR. BEN AUSTIN, owner of a condominium in Hidden Palms, spoke in opposition. He explained his view of what CRA was and felt it was not legal to set up a CRA project. Councilman Wilson responded that he felt Mr. Austin had done a good job explaining the California Redevelopment Act. However, he said a redevelopment agency was not being created; the boundaries of an existing agency were being amended. He added that when this existing redevelopment agency was created, the community was blighted, houses were off their foundations and/or torn apart, and people were out of their homes, all because the City is on an alluvial fan that allows water from heavy rains in the mountains to come down through the community. It caused millions of dollars in damage in 1976 and 1979, which would have continued if the Redevelopment Agency was not created to build the Palm Valley Channel to protect Palm Desert from continued blight. 5 MINUTES TTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 1990 MR. BROOKS COLEMAN, County Office of Education, an affected taxing agency, spoke in favor of the amendments. He said the City had demonstrated a good attitude in the past and good faith negotiations. He commended staff, particularly Mr. Ortega, for the professionalism exhibited in going through the fiscal review process. He added that as Iong as the detriment is mitigated with a reasonable sharing of the tax increment, the Office of Education would support the project. MR. CHARLES SHELTON, 72-771 Sage Court, said he was not necessarily opposed to the proposed project but asked how the City planned to spend the $500 million and what was the total assessed value of private property in the project area. Mr. Ortega responded that total assessed value within the City was $3.1 billion for 1990/91. Councilman/Member Wilson suggested that Mr. Shelton meet with Mr. Ortega to discuss fiscal planning for the spending of the funds. He noted that a lot of tax money generated in the Coachella Valley is spent in western Riverside County; we do not get an equal return of our tax dollars. What the redevelopment process allows is capturing some of those tax dollars and spending them where they are generated. MR. ANTONIO CARDONA, 45-901 Toro Peak, said he disagreed that the City had paid for curbs and gutters because he had been assessed for those improvements to his property. Mr. Ortega responded that the City had paid 60% of the total cost for curbs and gutters. MR. ANDREW BROOKS of Dye, Thomas, Luebs & Mort, spoke on behalf of the Coachella Valley Recreation and Parks District and submitted a letter in opposition to the proposed Amendment No. 6 (on file and of record in the City Clerk's Office). He said staff of the City and the Recreation District had reached an agreement in principal to mitigate the financial impact to the District as a result of the proposed amendments; the reason he was speaking in opposition was because there was not as yet a final agreement to bring to the Council. He added that the District would be prepared to waive its objections when a final agreement is ready MR. CHARLES GAYLOR, 74-170 Fred Waring Drive, expressed concern with homes on Fred Waring being taken to widen the street without being paid the fair market value. Mr. Ortega responded that there were no plans by the City to take any homes on Fred Waring Drive. With regard to payment of fair market value, he said State law protects property owners in California and that there was an entire eminent domain process that must be gone throt'ah before property is taken. 6 MINUTES PALM DESERT REDEVELO . AGENCY MEETING * * * * * * * * * * * * * * * * * * * * * * * * DECEMBER 13, 1990 MR. PHL'hI( RODHOLM, 43-570 Carmel Circle, asked if there were any plans for the City to purchase homes in his area and develop a condominium project. He also asked if there were plans to put a bridge across the San Pascual Wash to the park for the people on the opposite side of San Pascual. Mr. Ortega responded that this was not in any of the plans being proposed in the amendments. MR. GARY GOUDSWAARD, 44-755 Deep Canyon, said he felt the primary concern of almost everyone present was what would happen to their homes, and this had not really been addressed. He said Mr. Ortega had said everyone north of Alessandro would be affected, and he asked what the affect would be. Mr. Ortega responded that everyone north would be affected by the amendment because of additional projects, bonding capacity, and added revenues. Councilman Kelly suggested that better wording would be to say these homes would be "included in", not "affected by" the amendments. Councilman Wilson asked staff if there was anything in any of the plans that require the taking of any homes in the City of Palm Desert. Mr. Ortega responded that there was nothing in the plans to require the condemnation of any property. The only case where there may be a condemnation is to those single family lots immediately north of Alessandro and adjacent to Highway 111 which were included in the plan as possible conversions to parking area when the plan was adopted three years ago. MR. MIKE KOUBA, 73-484 Shadow Mountain Drive, President of the El Paseo Village Homeowners Association, expressed concern with the City's timing in sending letters out during the holidays. He also felt it was difficult to understand legal terms in the letter. He asked that the entire matter be continued until after the homeowners meeting the first week in January. He also asked that the City send out a letter explaining that citizens' homes and properties are safe. Councilman/Member Wilson felt it would be a good idea for the Mayor to attend the homeowners association meeting to make a presentation. He added that this matter would be continued with no action taken until after the first of the year. Mayor/Chairman Snyder agreed and said he would be willing to make a presentation to any group of people who want additional information. MR. DON ACKLEY, 74-165 Chicory, said he was not pro or con at this point but was concerned with what would happen to his home. He also questioned the environmental impact report. 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Final Tract Map 24289R Mr. Joe Gaugush asked that the Agency Board add this item to the Agenda for discussion. Member Crites moved to add discussion of Final Tract Map 24289R. Motion was seconded by Kelly and carried by unanimous vote of the Agency Board. Mr. Gaugush stated this matter had been discussed and approved as City Council Public Hearing G and asked that the Board authorize the Chairman to execute the final tract map. Member Crites moved to, by Minute Motion, authorize the Chairman to execute Final Tract Map 24289R on behalf of the Agency. Motion was seconded by Kelly and carried by unanimous vote of the Agency Board. B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None XI. ADJOURNMENT Upon motion by Crites, second by Kelly, and unanimous vote of the Agency Board, Chairman Snyder adjourned the meeting at 11:43 p.m. ATTEST: SHEILA R. GI LIQAN, SECR PALM DESERT REDEVELOP Aliedia“ WALTER H. SNYDER, C ARY TO THE ENT AGENCY 9