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Home My WebLink About1992-08-13MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, AUGUST 13, 1992 CIVIC CENTER COUNCIL CHAMBER 1 1 1 i i i i i • • • • • • • • • • • • • • • • • • • • • • • • 1 t t i • I. CALL TO ORDER Chairman Kelly convened the Redevelopment Agency meeting at 4:55 p.m. II. ROLL CALL fit: Vice Chairman Jean M. Benson Member Buford A. Crites Member Walter H. Snyder Member S. Roy Wilson Chairman Richard S. Kelly Abtartlaill Carlos L. Ortega, Executive Director Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Agency Secretary Ramon A. Diaz, ACM/Director of Community Development Richard J. Foliters, ACM/Director of Public Wort Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Finance Director/City Treasurer Wayne Ramsey, Acting Director of Code Compliance Phil Drell, Senior Planner Joha.Weblmuth, Environmental Conservation Manager III. CONSENT CALENDAR A. MIN= of the Regular Meeting of the Redevelopment Agency of July 9, 1992. Rec: Approve as presented. N1LNLIES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 13, 1992 !!! i f f i i i i i i i i i i!! i f f i f i i i i f f i i! i!! i i i B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos.2, 3, 4, 5, 6, 26, and 27. Rec: Approve as presented. C. PRELIMINARY SCHEDULE OF I as of July 31, 1992. Rec: Receive and file. D. FINAL SCHEDULE OF INVESTMENTS as of April 30, 1992, and May 31, 1992. Rec: Receive and file. E. STATEMENT OF CASH TRANSACTIONS as of April 30, 1992, and May 31, 1992. Rec: Receive and file. F. itEQUEST FOR APPROPRIATION of Additional Funds to Cover Work Requested under the Caplan Agreement (Contract No. R06360). Rec: By Minute Motion, authorize an appropriation of $518.58 from the Agency's Unobligated Funds to be paid to Richard Caplan & Associates for additional work requested pursuant to professional servics contract. G. REOUEST FOR MODIFICATION of June 25,1992, Redevelopment Agency Minutes Relative to the Motion to Award Contract for Design -Build Services for the Multi - Purpose Recreation Facility. Rec: By Minute Motion, modify the June 25, 1992, motion to award the contract for design -build services for the Multi -purpose Recreation Facility (Contract No. J Q6040) to delete "and Monighan and Associates (Joint Venture)". H. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. R06040 for Addition of Police Athletic League Offices and Satellite Maintenance Facility to Scope of Work for Recreation Facility Project. Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. R06040 in an amount not to exceed $123,800.00 for additional design and construction services, 2) authorize the appropriation of an additional $ 15,000.00 from Multi -purpose Recreation Facility Funds to the Project Account No. 850-4666-454-0000, 3) authorize the appropriation of S108,800.00 from the Corporation Yard Project Account No. 400-4162-415-0000. 2 PALM DESERT RF.DEVEI,QPMFN PA l&„3t. E ..lNG AUGUST 13, 1992 1• * * * • • • * • * rr • • * • • • • • * • * • • * * • $ * $ • * • • * I. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for Planting Screening for Phase III of the Civic Center (Contract No. R0672Q). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. J. REQUEST FOR APPROVAL of Various Actions Regarding the CahuWa Hills Park. Rec: By Minute Motion: 1) Approve the Recreation Services and Maintenance Agreement with the Coachella Valley Recreation and Park District (Contract No. R06730), 2) authorize staff to execute documentation granting the Coachella Valley Water District an easement for a pumping station to serve a Westinghouse Desert Communities project, 3) authorize the acceptance of a $20,00Q contribution from Westinghouse Desert Communities to be used for improvements at Cahuilla Hills Park. ' Member Wilson asked that Item H be removed for separate discussion under Section VI, Consent Items Held Over, of the Agenda. Upon motion by Snyder, second by Crites, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Agency Board. W. ORAL COMMUNICATIONS None V. RESOLUTIONS Mr. Altman noted that an item had come up after the Agenda was posted dealing with Palm Desert Fmancing Authority tax allocation revenue bonds for Project Area No. 2. He added that it should be considered as a joint item with the Palm Desert Financing Authority. Membelt Snyder moved to add this item to the Agenda for consideration, noting that the need to take action arose Subsequent to the Agenda being posted. Motion was seconded by Crites and carried by unanimous voteothe Agency Board. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 13, 1992 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•• President Kelly convened the Special Financing Authority meeting at 12:00 a.m. ROLL CALL Vice President Jean M. Benson Commissioner Buford A. Crites Commissioner Walter H. Snyder Commissioner S. Roy Wilson President Richard S. Kelly A. RESOLUTION NO. 263 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION WITH THE SALE AND ISSUANCE OF TAX ALLOCATION BONDS (PROJECT AREA NO. 2), 1992 SERIES A, OF THE PALM DESERT FINANCING AUTHORITY. B: RESOLUTION NO. FA-9 - A RESOLUTION OF THE PALM DESERT FINANCING AUTHORITY, AUTHORIZING THE SALE AND ISSUANCE OF ITS TAX ALLOCATION REVENUE BONDS (PROJECT AREA NO. 2, AS AMENDED), 1992 SERIES A, APPOINTING A TRUS LEE, AND APPROVING AS TO FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION WITH THE SALE AND ISSUANCE OF SAID BONDS. Mr. Altman noted the staff report in the packets and stated that Mr. Ortega was available to answer any questions. Member/Commissioner Crites moved to waive further reading and adopt Redevelopment Agency Resolution No. 2(22 and Financing Authority Resolution No. FA-9. Motion was seconded by Snyder and carried by unanimous vote. VI. CONSENT ITEMS HELD OVER H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. R06040 for Addition of Police Athletic League Offices and Satellite Maintenance Facility to Scope of Work for Recreation Facility Project. Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. RatIQN in an amount not to exceed $123,800.00 for additional design and construction services, 2) authorize the appropriation of an additional $15,000.00 from Multi -purpose Recreation Facility Funds to the Project Account No. 850-4666-454-0000, 3) authorize the appropriation of $108,800.00 from the Corporation Yard Project Account No. 400-4162-415-0000. 4 PALM DESERT REDEVELOPMENT ACrENc4 MEETING • • • • • • • • • •eft! • • i • • • • • • • • • • AUGUST 13, 1992 • • • • • • • • • • • Member Wilson stated he had removed this item for two reasons: 1) more explanation of the request and exactly what the Police Activity League is, 2) comment that he felt a $123,000 change order should not be placed on the Consent Calendar but should be a separate item on the Agenda for discussion by the Agency Board. Mr. Altman explained that the Police Activity League is something that is being started to provide an alternative to the YMCA for youth who might be getting involved in things such as gangs and who would probably not participate in the YMCA program. He added that this is a national program. Member Crites expressed concern that people may think this will be a permanent arrangement and he felt the Police Activity League should be advised that it may not be a permanent location. He said he would be in favor of approving the request for one year only and then reviewing the entire matter. Member Wilson said he had an uneasy feeling that we are moving ahead with the building without really thinking it through. Member Snyder moved to, by Minute Motion, approve recommendation #3 and authorize the appropriation of S108,800.00 from the Corporation Yard Project Account No. 400-4162-415-0000 to Account No. 850-4666-454-0000. Motion was seconded by Crites and carried by unanimous vote. Member Wilson stated that although he voted in favor of this, he was concerned with the possibility that some time in the future the Recreation Department will take this over and say they need that space and that we need to get out. Member Crites responded that this would be a separate facility attached to the back wall. Wilson stated he felt this should be spelled out so they do not down the road decide that it belongs to them. Member Snyder moved to, by Minute Motion, approve recommendation #2 and authorize the appropriation of an additional $15,000.00 from Multi -Purpose Recreation Facility Funds to the Project Account No. 850-4666-454-0000 Motion was seconded by Kelly and carried by a 3-2 vote, with Members Benson and Crites voting NO. Upon question by Chairman Kelly regarding recommendation #1, Mr. Folkers responded that recommendation #1 was the total of recommendations #2 and #3. Mr. Ortega added that recommendation #1 officially allows us to change the contract, while recommendations #2 and #3 appropriate the money. . Member Crites questioned Item J of the Consent Calendar regarding the agreement with the Coachella Valley Recreation and Park District. He asked whether the agreement would allow us at a later date to say we no longer want the District to 5 MIN IiTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 13, 1992 • t • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • maintain the Cahuilla Hills Park. Mr. Ortega responded that we can cancel the agreement. VII. NEW BUSINESS A. REOUEST FOR APPROVAL OF AGREEMENT NO. C06700 WITH COOK PARTNERS LIMITED AUTHORIZING THE CITY AND THE REDEVELOPMENT AGENCY TO ENTER INTO A SIX-MONTH EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT FOR SECTION 4. Mr. Altman noted that this should be considered as a joint City Council/Redevelopment Agency item. Mr. Ortega reviewed the staff report, noting that this agreement would bind the developer to perform certain financial feasibility studies, environmental studies, and planning studies for the development of approximately 495 acres in Section 4, with the City and the Agency to deal exclusively with the developer during that 180 days. If the evaluation proves that the project would be financially feasible, then the City, the Redevelopment Agency, and the Developer would negotiate a Disposition, Development, and Implementation Agreement for the project. Councilman/Member Wilson stated that in the letter from the applicant is reference to residential units of seven stories. He asked whether entering into this agreement would give any tacit approval or commitment to the specifications in the letter. Mr. Ortega responded that such specific approvals would not be requested until the project goes through the public hearing and environmental impact report process. Mayor/Chairman Kelly stated he would like to go on record as not looking favorably on seven stories, and he said he could not see how the developer could do anything to make him change his mind on that issue. In addition, he said the reference to selling our interest at a later date did not sound like a good thing to him. He was also concerned about the golf course, who would control it, and how it would be used by the public, and he felt it was essential that the City control and own the golf course. He said he did not look favorably on time shares and did not see how that would fit in with the City's not getting any time share programs. Mr. Altman stated that the time share would be a continuance of the existing time share program by the Marriott Corporation, which has been very successful, and they would make it their world-wide headquarters. Mayor/Chairman Kelly also expressed concern that the rendering showed a lot of buildings along Country Club Drive, and he said he would not want to see any other developments similar to that along Highway 111 where the Rusty Pelican restaurant is. He said he felt it was one of the worst looking in the City. 6 PALM . lFDEVEI3PNONF AGENCY MEETING AUGUST 13, 1992 • • • • • • • • * • • • • • • • • • • • • • n • • • • _ _ _ • _ : • Councilmember/Member Benson moved to, by Minute Motion, approve the agreement and authorize the Mayor and Chairman to execute same. Motion was seconded by Wilson and. carried by unanimous vote of the Council and Agency Board. B. REQUEST FOR CONSIDERATION OF THE FILING OF A GRANT APPLICATION WITH CAL TRANS FOR THE PURPOSE OF FUNDING THE PEOPLEMOVER PROJECT. Mr. Ortega reviewed the staff report and recommendation. Member Wilson moved to, by Minute Motion: 1) Authorize the Chairman to execute a contract with The Goodman Corporation for the purpose of filing an application with the California Department of Transportation for a peoplemover within the City of Palm Desert's Core Commercial area, 2) approve an amount of S5,500.00 and appropriate such amount from the Agency's project fund, such amount to pay The Goodman Corporation for services to be rendered in accordance with the Goodman proposal dated August 4, 1992. Motion was seconded by Snyder and carried by unanimous vote. vm. CONTINUED BUSINESS None IX. OLD BUSINESS A. REQUEST FOR APPROVAL IN CONCEPT OF COOPERATIVE AGREEMENT (CONTRACT NO. C0671Q) FOR THE CONSTRUCTION OF THE JOINT LIBRARY BUILDING. Mr. Altman noted that this should be considered as a joint City Counci /Redevelopment Agency item. Councilman/Member Crites stated that he felt there were some issues that still needed to be explored as follows: 1) One thing not talked about and one reason why the Palm Springs Library is viewed as an excellent public library is the fact that it is the only place in the Valley that has access to government documents. He said he saw nothing in the agreement indicating any interest in doing this. 2) Page 2 of the agreement refers to College of the Desert's policy regarding public use of books. He said we should make that compatible with County policy so people have full use of both parts of the library. 3) On page 3 and all through the agreement, there is reference that attempts will be made to 'minimize duplication'. He said he wanted to stress this issue. If we don't minimize an enormous amount of the duplication, we might as well go out and build two or three different libraries. 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 13, 1992 Mayor/Chairman Kelly stated he saw a stipulation that people must be students to use certain items in the College library. Crites responded that this was what he was talking about and that he felt those policies should be even across the board to make sure everyone has access to everything in the library. 4) Page 9 indicates different hours of the day in which the two libraries will be open as well as different holidays. He said he felt `there should be a strong attempt to make sure hours and days are the same for both parts of the library. 5) Page 11 makes reference to some time in the future going on-line with access to the Cal State and other systems. He said he felt this library should be able to access everything that is found in the National archives. 6) Page 13 refers to a number of seminar rooms where only two or three people will fit. He felt this should be looked at again because it did not make a lot of sense to have so many rooms that can be used for only a few people at a time. 7) On page 14 regarding the story room for children, he felt the wording should be changed to reflect "primarily" to be used for children instead of "exclusively" because there may be other things that room could be used for. 8) On page 4 he said he noticed that the steering committee from the College does not have on it any members of the faculty. Crites said that he would also like to explore the ramifications of the amendment proposed from Planning Director Ramon Diaz which would cut $400,000 from the building fund. He said he understood that this was to be a Redevelopment Agency project and not a City project, but if this S400,000 will detract from what we get when we build this facility, he felt it was a small amount of money to make sure we get what we want. Mr. Altman responded that he had discussed this with Mr. Ortega and what we could do is backtill with RDA money. He added that the City money was always front money. Mr. Ortega added that in the project, there were certain people who would contribute certain amounts of money. He said staff would be going back and looking at the budget with the College and see who comes up with more money. Councilmember/Member Benson asked whether it was set in stone that the library would be so far back off San Pablo that it looks like part of the College of the Desert campus instead of a City library. She said she felt this would intimidate people from 8 PALM DESERT REDEVE .QPl12NT AGENCY MEETING * • • • • • • • • • rr lass s • • s • • • • • • AUGUST 13, 1992 • * • • • • • • • • • going to the library and that something should be done to change it and bring it out so it looks like a public library and is more accessible to our citizens. Councilman/Member Wilson responded that this was something that could be handled by the architect with direction from the Council. He added that he was pleased to see all the work that has been done since the last time the library was discussed, and he commended everyone involved. Councilman/Member Wilson moved to, by Minute Motion, approve the subject agreement in concept between the City of Palm Desert, . the Palm Desert Redevelopment Agency, the County of Riverside, and the Desert Community College District. Motion was seconded by Crites and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF PORTOLA PALMS MOBIL.EEIOME PARK CONVERSION. Mr. Ortega reviewed the staff report, noting that the Agency's contribution would be S600,000. MR. BILL MESSICK, 43-155 Portola Avenue, 1122, read and submitted a letter regarding two issues which he felt were very important and needed to be addressed (attached hereto and made a part hereof as Exhibit "A"). He added that several months ago he had written a letter to Mayor Kelly which had been referred to the City Attorney regarding ballots opened on January 5, 1992, for the election of new members to the Portola Palms Homeowners Association Board. He said he had gone to the Park Manager's office to cast his ballot on January 3, 1992, and was told by the Park Manager that he could not vote. When he asked why, he said he was advised that three people who made up the rules as, to whocould and could not vote had eliminated his name and the names of approximately 30 other residents from the list of those allowed to vote. He said he was further advised that the reason was that he and the other 30 people had not indicated they intended to purchase their lots should the transition take place. He said he had never indicated he would not purchase the lot, but he said he would not indicate he would buy it until he knew what the price would be. He added that to this day, he still did not know what the applied price of his lot was. He noted that he had ban eliminated from receiving many notices sent around the park announcing meetings and that he had not been invited *any of those meetings. He said he felt his civil rights had been violated and that the officers of the Homeowners Association had been illegally elected. He said all of this information had been included in a letter he had written to the Mayor several months ago and which was subsequently referred to the City Attorney. MR. DAVID SUMMERS, Vice President of Mobilehome Conversion Consultants, said they had consistently maintained that any leases entered into between members of the park and the owners would be upheld until the expiration dates of those 1Pasps. 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Motion was seconded by Snyder and carried by unanimous vote. Mr. Ortega reviewed the staff report, noting that this project would be built on the City -owned land next to the Joslyn Cove Communities Senior Center. He said when appraisal of the property was done, the value of the land was not considered, and the appraisal amount was not, therefore, high enough to provide enough construction loan funds for all the costs. He requested that S30,000 in City fees be deferred until the earlier of an increased construction loan or close of escrow upon sale of the project to the Housing Authority. He added that assurance would be made that upon close of escrow, the City will be paid the fees plus appropriate interest. Councilman/Member Wilson moved to, by Minute Motion, authorize the deferral of City fed for the 72 senior apartments to be paid at the earlier of an increased constructin loan or the close of escrow upon sale of the project to the Housing Authority. Motion was seconded by Crites and carried by unanimous vote. B. AGENCY COUNSEL Absent C. CHAIRMAN AND MEMBERS OF THE AGENCY None XL ADJOURNMENT Upon motion by Crites, second by Benson, and unanimous vote of the Agency Board, Chairman Kelly adjourned the meeting at 12:25 a.m. ATTEST: -SHEILA R GILLIW'AN, SECRLIARY TO THE PALM DESERT REDEVELOPMENT AGENCY 11 RI S. 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