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HomeMy WebLinkAbout1993-06-24MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY '.MEETING THURSDAY, JUNE 24, 1993 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Benson convened the meeting at 5:45 p.m. H. ROLL CALL Present: Member Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Vice Chairman S. Roy Wilson Chairman Jean M. Benson Also Present: Carlos L. Ortega, ACM/Executive Director Bruce A. Altman, City Manager William Strausz, Agency Attorney (arrived at 7:00 p.m.) David J. Erwin, City Attorney Sheila R. Gilligan, Agency Secretary Ramon A. Diaz, ACM/Director of Community Development Paul Shillcock, ACM/Director of Economic Development Paul S. Gibson, Treasurer/Finance Director Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources Gregg Holtz, Acting Director of Public Works John Wohlmuth, Environmental Conservation Manager Ken Weller, Emergency Services Coordinator III. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of June 10, 1993. Rec: Approve as presented. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 24, 1993 * * * * * * * * * s * * * * * * * * * * * * * * * * * * * * * s-s * * s * * B. CLAIMS AND DBMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 53, 54, and 55. Rec: Approve as presented. C. REQUEST FOR APPROVAL of Revised Resolutions for the Project Area No. 2 Revolving Loan Fund. Rec: Waive further reading and adopt Resolution No. 75, revising and superseding Agency Resolution No. 203, which agreed to the terms of the establishment of a revolving loan fund for Project Area No. 2. D. REQUEST FOR APPROVAL of Revised Resolutions for the Project Area No. 3 Revolving Loan Fund. Rec: Waive further reading and adopt Resolution No. 27,¢, revising and superseding Agency Resolution No. 232A, which agreed to the terms of the establishment of revolving loan fund for Project Area No. 3. E. REQUEST FOR CONSIDERATION of Resolutions for the Agency Reimbursement to the City for the Costs Incurred with the North Portola Storm Drain Construction. Rec: Waive further reading and adopt Resolution No. 277, accepting the loan of drainage funds to the Palm Desert Redevelopment Agency for the construction of the North Portola Storm Drain Project. Upon motion by Wilson, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Agency Board. IV. ORAL COMMUNICATIONS None 1 MI .TES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 24, 1993 * * * * s s s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * V. RESOLUTIONS A. RESOLUTION NO. 27a - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF PALM DESERT, CALIFORNIA, FINDING THAT THE USE OF TAXES ALLOCATED FROM PROJECT AREA NO. 4 FOR THE PURPOSE OF HOUSING OUTSIDE OF THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT. Mr. Ortega reviewed the staff report and offered to answer any questions. Member Wilson moved to waive further reading and adopt Resolution No. 22$. Motion was seconded by Snyder and carried by unanimous vote. B. RESOLUTION NO. 279 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING THE REIMBURSEMENT TO THE CITY OF PALM DESERT FOR THE PURCHASE OF 10 ACRES OF REAL PROPERTY LOCATED WITHIN ANNEXATION NO. 30. Mr. Ortega noted the report in the packets and offered to answer any questions. Member Snyder moved to waive further reading and adopt Resolution No. 222. Motion was seconded by Kelly and carried by unanimous vote. VI. CONSENT ITEMS HELD OVER None VII. NEW BUSINESS A. REQUEST FOR APPROVAL OF HOUSING AUTHORITY REGULATORY AGREEMENT FOR CATALINA SENIOR APARTMENTS (FORMERLY WILLIAMS PROJECT). Mr. Ortega reviewed the staff report, noting that this agreement sets the terms and conditions under which the Redevelopment Agency will participate with the Housing Authority to subsidize some of the rents to make them affordable to senior citizens. Councilman Wilson moved to, by Minute Motion, authorize the Redevelopment Agency Executive Director to execute the agreement. Motion was seconded by Snyder. Member Kelly questioned whether this agreement contains a clause relative to preference for Palm Desert residents. Mr. Ortega responded that the policy for the total program contains that clause. Chairman Benson called for the vote. Motion carried by unanimous vote of the Agency Board. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 24, 1993 * * s s s * * s * s s * * * * * s * * * * s * * * s * * * s * r * * * * * s VIII. CONTINUED BUSINESS None IX. OLD BUSINESS None X. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL Absent C. CHAIRMAN AND MEMBERS OF THE AGENCY None Upon motion by Kelly, second by Wilson, and unanimous vote of the Agency Board, Chairman Benson recessed the meeting at 5:55 p.m. She reconvened the meeting at 7:00 p.m. XI. PUBLIC HEARINGS A. REOUEST FOR CONSIDERATION OF CONTINUED CITY COUNCIL/PALM DESERT REDEVELOPMENT AGENCY JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPMENT PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT IN CONNECTION WITH PROJECT AREA NO. 4 OF THE REDEVELOPMENT AGENCY (Continued from the Meeting of June 10, 1993). Mr. Altman updated the Council/Agency Board on negotiations with the County of Riverside, noting that the City originally started out by requesting 50% of the property taxes for this area for capital improvements. He said a meeting had been held last Friday with several representatives from both the City and the County. No conclusion was reached at the meeting; however, he had asked that they County give us something in writing relative to their position, which they assured would be provided by Tuesday, June 22nd. He said he was told yesterday that the County would not approve of the 25 % of the property tax going to the City; however, nothing was in writing at this time. Mr. Altman stated that the options at this time were to: 1) proceed with the actions for Project Area No. 4 as listed on the Agenda and then forwar4 the matter to the County for its 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 24, 1993 * * * * * * * * * * s s s s * * * * * * * * * * * * * * * * * * * * * * * * action; 2) continue the matter for two weeks to see whether the County will indicate its position in writing. Upon question by Councilman Wilson, Mr. Altman responded that the County was objecting to signing off on Project Area No. 4 and did not want the City to receive any more than 25% of the property tax monies, which is the same for a standard annexation and would amount to approximately $400,000.00. Councilman Kelly added that the County disagreed with what we thought the capital improvements would cost. He said we asked them to get back to us with what they think it would cost, and they indicated they would do so by Tuesday, which they did not do. In addition, he said they had agreed to make a counter proposal but had not done that. Councilman Wilson asked what would happen if the City were to follow option #1 as described by Mr. Altman, forward it to the County, and the County then comes back with a counter proposal. He asked whether we would have to go through the entire process again. Mr. Ortega responded that the law does not require us to come to a settlement with the County, but the situation was that if some kind of settlement is not reached, the County would not adopt the ordinance it needs to adopt once the City takes all of its actions. He noted that we are creating a project area in County territory. He said staffs recommendation was to continue with the public hearing and then not file the annexation application until the County has adopted that ordinance and until the time has run for any challenges to the Plan. Mayor/Chairman Benson noted that this was a continuation of the joint meeting of the Palm Desert City Council and its Redevelopment Agency. ROLL CALL OF CITY COUNCIL MEMBERS: PIABIlL Councilman Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson ROLL CALL OF THE REDEVELOPMENT AGENCY; Member Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Vice Chairman S. Roy Wilson Chairman Jean M. Benson 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 24, 1993 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 s s s s s Mayor/Chairman Benson reopened the joint City Council/Redevelopment Agency public hearing. RDA Administrative Assistant David Yrigoyen stated that prior to continuing with the public hearing, the City Council/Agency Board should consider adoption of Agency Resolution No. 222 relative to certain actions to be taken by the Redevelopment Agency on relocation methods and low and moderate income housing and Council Resolution No. 93-59, electing to receive certain tax revenues in connection with Project Area No. 4. Member Wilson moved to waive further reading and adopt Resolution No. 2_7_2. Motion was seconded by Kelly and carried by unanimous vote of the Agency Board. Councilman Wilson moved to waive further reading and adopt Resolution No. 93-59. Motion was seconded by Kelly and carried by unanimous vote of the City Council. Mr. Yrigoyen stated that the purpose of the joint public hearing was to consider: 1) the proposed Redevelopment Plan for Project Area No. 4 (the "Plan"); and 2) Environmental Impact Report on the Plan, which includes an addendum. He requested that the following documents be entered into the record: 1) Exhibit "A" - the affidavit of publication of Notice of the Public hearing; 2) Exhibit "B" - the certificate of mailing of Notice of Public Hearing to each property owner in the Project Area as shown on the last equalized assessment roll and to persons, firms, or corporations which have acquired property within the Project Area from the Agency; 3) Exhibit "C" - the certificate of mailing of Notice of Public Hearing to the governing bodies of each taxing agency within the Project Area. Mayor/Chairman Benson reviewed the order of procedure for the public hearing. MS. FELICE ACOSTA, Rosenow Spevacek Group, Inc., addressed Council and stated that the primary purpose of the Plan was to provide funds to improve the infrastructure and make needed improvements to the area and also to provide for services that will be necessary once the large portion of the area currently under County jurisdiction is incorporated in the City of Palm Desert. She said the Plan had exhibits which outlined all of the necessary public improvement infrastructure projects totalling approximately $23 million. She noted the various documents in the report to Council and offered to answer any questions. MR. PHIL MARTIN, Stevenson, Porto and Pierce, Inc., 18195 McDurmott East, Suite C, Irvine, 92714, stated that his firm had prepared the Environmental Impact Report for Project Area No. 4. He stated they had mailed the notice of information to the public for the 30-day public review period. They prepared the draft Environmental Impact Report for the 45-day comment period; at the end of that time, they had not received any comments. They then prepared the Final Environmental Impact Report, which he said was in compliance with CEQA and addressed the impacts of the project. Mr. Yrigoyen requested that the following documents be entered into the record: 1) Exhibit "D" - Agency Report to the City Council; 2) Exhibit "E Environmental Impact Report, 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 24, 1993 * * * * s * * * * * * * * * * * * * * * * * * * * * s s s s s s s * * * * * including addendum; 3) Exhibit "F" - additional letters, comments, and responses, if any, from responding agencies; 4) Exhibit "G" - written public communications regarding the Environmental Impact Report; 5) Exhibit "H" - the proposed Redevelopment Plan for Project Area No. 4; 6) Exhibit "I" - the Preliminary Report. Mr. Yrigoyen noted that written comments were received from the County of Riverside challenging the validity of the Plan, the Plan's compliance with CEQA, and the adequacy of the General Plan. He stated that Exhibit "B" of Resolution No. 93-60 addressed those comments. In addition, a letter was received from the Coachella Valley Water District challenging the finding of blight. Because the letter was just received today, it would hinder action on the Ordinance at this time. With regard to the comment received at the last public hearing relative to eminent domain in the northwest corner of the project area, he said staff felt the eminent domain action would not hamper the generation of financing for that development. He noted that both Project Area No. 2 and Project Area No. 3 have a blanket eminent domain process that would allow the Agency to pursue eminent domain actions in those area; that has not hampered the ability of those developers to obtain financing. In addition, the developer who brought up those concerns at the last meeting is currently developing a shopping center project at Cook and Country Club (in Project Area No. 2), and it has not hampered his ability to obtain financing for that development. Mr. Yrigoyen requested that the written comments be entered into the record in the following categories: 1) Exhibit "J" - taxing agencies' response to the Redevelopment Plan; and 2) Exhibit "K" - public communications concerning the Plan. Mayor/Chairman Benson invited testimony from the audience. No testimony was offered. Councilman/Member Wilson moved to close the public testimony portion of the joint public hearing. Motion was seconded by Kelly and carried by unanimous vote. Mr. Yrigoyen stated that any further action would not be warranted at this time because of the written comments received from the Coachella Valley Water District. He said staff needed to come back with a response at the next meeting, and he recommended that the remainder of the actions be continued to the meeting of July 7, 1993. Councilman/Member Wilson moved to continue this matter to the meeting of July 8, 1993. Motion was seconded by Wilson and carried by unanimous vote. 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 24, 1993 * * * * * * * * s * * * * * * * * * * * * * * * * * * * * * s s_* * $ * * * B. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S PROPOSED FINANCIAL PLAN FOR FISCAL YEAR 1993/94. Chairman Benson reconvened the Redevelopment Agency meeting at 8:25 p.m. to conduct a joint public hearing on the proposed City and Agency budgets. Mr. Gibson reviewed the staff report, noting that all changes from the Study Sessions had been made. He stated that the estimated expenditures were $17,114,511; however, that amount was reduced to $16,810.641 by the following transfers: 1) $35,000 transfer from insurance reserves; 2) $258,370 transfer from capital project reserves. Estimated General Fund Revenues were $16,978,300, which indicated that we have a balanced budget. Mr. Gibson stated that the Charitable Contributions Committee had met this week and agreed on the following: Approve specific contributions without any additional items to review for Alternatives to Domestic Violence ($5,000), Riverside County Child Care Consortium ($5,000), and McCallum Theatre Presidents Club Membership ($1,000). Approved Chamber of Commerce, YMCA, and RSVP contributions as listed in the Preliminary Budget. Placed on hold but budgeted for: Coachella Valley Counseling, F.I.N.D., and Humane Society. Decided to do a school program where a lump dollar amount is placed into a pot, with specific actions to be taken upon further review. He noted the dollar amount in the current budget was $14,000. The Committee discussed a figure of $30,000, which would require Council approval for the increased amount. Councilman/Member Wilson asked where the additional $16,000 was coming from if this was a balanced budget. Mr. Gibson responded that the overall difference between revenues and expenditures was $168,000, and the $16,000 would come out of that amount. Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. No testimony was offered, and she declared the public hearing closed. Mr. Gibson noted for the record that Recommendation #5 on the Agenda was worded differently than the same recommendation on the staff report and that the staff report recommendation was the correct one. 8 MINT:TES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 24, 1993 * * s * s s s s * s s s * * * * * * * * * * * * * * * * * * * * * * * Councilman/Member Crites stated that it was with pleasure and gratitude to Mr. Gibson and his staff that he would moved to: 1) Approve the factors used in calculating the Gann Limit per discussion and waive further reading and adopt Resolution No. 93-64, adopting the 1993/94 Appropriation Limit at $25,754,843 as per calculation; 2) waive further reading and adopt Resolution No. 93-65, adopting a program and financial plan for the Fiscal Year July 1, 1993, through June 30, 1994, as amended to increase the amount for Charitable Contributions by $16,000; 3) by Minute Motion, approve the 1993/94 Fiscal Year Budget for the Redevelopment Agency; 4) waive further reading and adopt Resolution No. 93-66, rescinding Resolution No. 92-55 and adopting allocated classifications, authorized positions, compensation plan, related employee benefits, and new Memorandum of Understanding for the 1993/94 Fiscal Year, effective July 1, 1993. Motion was seconded by Kelly and carried by unanimous vote. XII. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the Agency Board, Chairman Benson adjourned the meeting at 8:35 p. m. ATTEST: SHEILA R. GILLIGAN, SEC R TARY TO THE PALM DESERT REDEVELOPMENT AGENCY JEA1Gi. BENSON, CHAIRMAN 9