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Home My WebLink About1995-02-23MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, FEBRUARY 23, 1995 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Crites convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Member Robert A. Spiegel M. INVOCATION - Vice Chairman Walter H. Snyder IV. ROLL CALL Present: Member Jean M. Benson Member Richard S. Kelly Vice Chairman Walter H. Snyder Member Robert A. Spiegel Chairman Buford A. Crites Also Present: Carlos L. Ortega, RDA 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 Gregg Holtz, Acting Director of Public Works Paul Gibson, Director of Finance Wayne Ramsey, Director of Code Compliance Lisa Constande, Environmental Conservation Manager Larry McAllister, General Services Director Agnes Flor, Accounting Manager Mary P. Frazier, Deputy City Clerk V. ORAL COMMUNICATIONS - A None PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VL CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of February 9, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THB AGENCY TREASURY - Warrant Nos. 33, 33A, and 34. Rec: Approve as presented. C. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Legends Fields Entry Way Columns (Contract No. R09600). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. D. REOUEST FOR APPROVAL of Engineering Services Contract for Phase I Environmental Assessment and Alta Survey (Contract No. R09610). Rec: By Minute Motion: 1) Authorize staff to retain the services of Robert Bein, William Frost & Associates to accomplish a Phase I Environmental Assessment and Alta Survey on approximately 68.5 acres of land in Section 4; 2) authorize the Chairman to execute an agreement in an amount not to exceed $8,200.00; 3) appropriate $8,200.00 from the Agency's Unobligated Reserve Fund. E. REQUEST FOR APPROVAL to Purchase Data Processing Equipment for Reorganization Moves. Rec: By Minute Motion, authorize: 1) The purchase of data processing equipment for reorganization moves; 2) appropriation of $8,080.00 from the RDA Unobligated Fund Reserve Account to RDA Account No. 850-4195-466-4060. Upon motion by Snyder, second by Benson, the Consent Calendar was approved as submitted by unanimous vote of the Agency Board. VII. RESOLUTIONS None VIII. CONSENT ITEMS HELD OVER None 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. NEW BUSINESS A. JOINT ITEM WITH PALM DESERT CITY COUNT TO CONSIDER PREPAYMENT OF $30,000 MULTIPLE SPECIES HABITAT CONSERVATION PLAN MITIGATION CONTRIBUTION AS IDEN itrlrli IN THE SECTION 4 PROJECT ENVIRONMENTAL REPORT TO EXPEDITE PLAN COMPLETION. Mr. Ortega reviewed the staff report and offered to answer any questions. Member Spiegel moved to, by Minute Motion, authorize the City or Redevelopment Agency to prepay to the Coachella Valley Association of Governments (CVAG) the $30,000 Section 4 Multiple Species Habitat Conservation Plan mitigation contribution. City payment would be reimbursed by the RDA when the development occurs. Motion was seconded by Snyder and carried by unanimous vote. B. INFORMATION ITEMS: 1. Update on Marshalls and Circuit City Replacement Efforts. Mr. Ortega noted the report in the packets detailing agreements with the developer of Desert Crossing to make sure that Marshalls, Circuit City, and any other stores relocating to Desert Crossing would be replaced with similar stores within one year of the vacation. Member Spiegel noted that he had attended the meeting with Festival Management and that representatives had indicated they would let the City know by April 1 if they were able to put together a package that would provide 83.7% occupancy for the entire center. Member Benson expressed concern that Marshalls would move before we have something in writing and said she did not feel they should be allowed to do so. Mr. Ortega responded that the City had an agreement backed up by a demand letter of credit with the developer of the center, and the developer is supposed to abide by all conditions of the agreement; if the developer does not, the City would declare a default and call upon that letter of credit. Chairman Crites agreed with Benson that there should be a replacement before the stores area allowed to relocate. Mr. Ortega responded that the agreement states that a replacement must be in within one year after it is vacated. He said the letter of credit was issued by someone other than the developer, and even if the developer were to abandon the center and declare bankruptcy, the City could call upon that letter of credit. 3 �... MINUTES PALM DESERT REDEVELOPMENT AGENCY Mrr. Y u 1G FEBRUARY 23, 1995 * * « * * « « « « * * * * * « * * * * « * * « * * * * * * * * * * * * * * * Member Benson stated that allowing them to find a replacement within one year of moving was not what the Council wanted. 2. Odekirks Funding Obligation for the Sportspark. Mr. Ortega noted the report in the packets relative to the Odekirks' commitment to come up with their share of the money for the Sportspark. He added that the deadline to deposit these funds was July 31, 1995. 3. Desert Rose Housing Project. Mr. Ortega reviewed the staff report. He stated that several members of the Council/Agency Board had attended the groundbreaking the previous week for this housing project. Member Benson stated it was very heartwarming to see the care that is going into building these homes and felt it dispelled the idea that low and moderate income housing has to be cheap. She stated that the view of the mountains from these homes is spectacular, and anyone would be happy to live there. She added that the project would certainly be a credit to the City. X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Ortega noted the items listed under Agency Counsel Reports and Remarks for Closed Session. 4 MINUTES • PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. AGENCY COUNSEL Request for Closed Session: Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9: Palm Desert v. Thomas, Byrne and Smith, Riverside County Superior Court, Case No. Indio 69969; Palm Desert v. Refco Capital Corp., United States District Court, Case No. CV92- 7633RJK. C. CHAIRMAN AND MEMBERS OF THE AGENCY None XIII. ORAL COMMUNICATIONS - B None XIV. ADJOURNMENT With Agency Board concurrence, Vice Chairman Snyder adjourned the meeting at 6:25 p.m. to Closed Session for reasons listed under Agency Counsel Reports and Remarks. Mr. Erwin asked that an item that was on a previous Agenda for Closed Session be added to this one for discussion as an emergency item. He noted that it was pursuant to Government Code Section 54956.8 as follows: Conference with Real Property Negotiator pursuant to Section 54956.8 1) Property Street Address: 73-625 Santa Rosa, Palm Desert Negotiating parties: Agency: palm Desert Redevelopment Agency Property Owner: Mary Stoltzman/FE'delity Development Co, Under Negotiation: x Price x Terms of Payment Member Benson moved to add this item to the Agenda for Closed Session. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Chairman Crites ABSENT. 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING FEBRUARY 23, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Chairman Crites reconvened the meeting at 8:15 p.m. and, with Agency Board concurrence, immediately adjourned with no action announced from Closed Session. ATTEST: • SHEILA R. GIGAN, S RETARY TO THE PALM DESERT REDE I PMENT AGENCY 6