Loading...
HomeMy WebLinkAbout1995-11-09MINUTES REGULAR PALM DESERT riru� v r.LOPMENT AGENCY MEETING THURSDAY, NOVEMBER 9, 1995 CIVIC �r.iv ir.ic COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER H. ROLL CALL 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, ACM/RDA Executive Director Ramon A. Diaz, Acting City Manager David J. Erwin, City Attorney Mary P. Gates, Assistant Agency Secretary Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Wayne Ramsey, Director of Code Compliance Phil Drell, Acting Director of Community Development Lisa Constande, Environmental Conservation Manager III. ORAL COMMUNICATIONS None IV. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of October 26, 1995. Rec: Approve as presented. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 19 and 20. C. Rec: Approve as presented. AUTHORIZATION to Annual Transfer the Commercial Development Housing Mitigation Fees to the Redevelopment Agency's Low and Moderate Income Fund for the One Quail Place Rent Subsidy Program. Rec: By Minute Motion, authorize the Finance Director to transfer funds from the Housing Mitigation Fee Account to the Redevelopment Agency's Low and Moderate Income Fund, on an annual basis, for use in the One Quail Place Rent Subsidy Program. Upon motion by Kelly, second by Spiegel, the Consent Calendar was approved as presented by unanimous vote of the Agency Board. V. RESOLUTIONS None VL CONSENT ITEMS HELD OVER None VII. NEW BUSINESS A. REQUEST FOR APPROVAL OF EXECUTION OF CONTRACT WITH LYNN AND ASSOCIATES TO PROVIDE SUPPORT TO THE CITY'S FUEL CELL PROJECT (CONTRACT NO. Jt10650). Mr. Shillcock reviewed the staff report and recommendation. Member Kelly moved to, by Minute Motion, authorize the execution of a contract with Lynn and Associates in the amount of $20,000.00 for the period of September 1, 1995, through June 30, 1996, and authorize the arr.r.Y.:ation of the $20,000.00 from the Agency's Unobligated Funds. Motion was seconded by Spiegel. Member Benson expressed concern with the $20,000.00 and asked whether the contract was for a flat $20,000.00 or an amount up to $20,000.00 and if there were going to be invoices submitted showing what the contractor is doing. Mr. Ortega responded that this would be the budgeted amount and that the contract was not for a flat $20,000.00. He noted Page 2, Section 7 of the agreement which required that the contractor provide a statement to the Agency specifying services it has completed. If there is not $20,000.00 worth of work done 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * in that period, we will not pay the $20,000.00. Member Benson asked whether that amount could be higher, and Mr. Erwin responded that it was the maximum without coming back to the Agency Board for approval. Chairman Crites called for the vote. Motion carried by unanimous vote of the Agency Board. B. REQUEST FOR ESTABLISHMENT OF PROJECT AREA ADVISORY COMMITTEE - PROJECT AREA NO. 4. Chairman Crites noted the memorandum in the packets. Member Snyder moved to, by Minute Motion: 1) Authorize staff to establish the Project Area Advisory Committee for Project Area No. 4; 2) appoint Members Kelly and Spiegel to represent the Agency Board. Motion was seconded by Benson and carried by unanimous vote. C. INFORMATIONAL ITEMS: 1. Mobile Home Park Survey. Mr. Ortega noted the report in the packets and stated that this was informational in case the Agency Board Members receive questions. VIII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT NO. R10340 WITH THE DESERT COMMUNITY COLLEGE DISTRICT AUXILIARY, dba REGIONAL BUSINESS ASSISTANCE CENTER (Continued from the Meeting of October 26, 1995). Mr. Ortega noted the agreement and report in the packets. He stated that some of the services included in this original agreement would now be provided by Lynn and Associates; therefore, this contract needed to be amended. Member Snyder moved to, by Minute Motion, amend existing Contract No. R10340 with Desert Community College District Auxiliary (dba Regional Business Assistance Center) to reduce the Scope of Services. Motion was seconded by Kelly and carried by unanimous vote. IX. OLD BUSINESS None 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY bir rairiG NOVEMBER 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s s * X. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL Mr. Ortega noted the items listed on the Agenda for Closed Session. Request for Closed Session: Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): 1) Palm Desert Redevelopment Agency v.BEFCO Capital Corp.. et al, U.S. District Court, Central District of California, Case No. CV 92-7631-RJK 2) Palm Desert Redevelopment Agency v. Morey, City of Palm Desert, et al, Riverside County Superior Court, Case No. 85068 3) Palm Desert Redevelopment Agency v. Swiniuch, City of Palm Desert, et al, Riverside County Superior Court, Case No. 85069 4) Palm Desert Redevelopment Agency v. Bagdasarian, City of Palm Desert, et al, Riverside County Superior Court, Case No. 84507 5) Palm Desert Redevelopment Agency v. Johnson (Omni), City of Palm Desert, et al, Riverside County Superior Court, Case No. 85070 Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: .1 Conference with Real Property Negotiator pursuant to Section 54956.8: Property: Southern half of Section Four Negotiating Parties: Agency/Property Owner: Carlos L. Ortega, Executive Director Other Party: Intrawest Resorts, Inc. Under Negotiation: a Price . Terms of payment 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 9, 1995 * * * * * * * * * * * * * * * -* * * * * * * * * * * * * * * * * * * * * * * C. CHAIRMAN AND MEMBERS OF THE AGENCY None XI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF ini rJ MEMBERS TO THE REDEVELOPMENT AGENCY HOUSING ADVISORY COMMii Iran (Continued from the Meetings of September 14, September 28, October 12, and October 26, 1995). Chairman Crites stated that there were two more individuals who had submitted applications to serve on this committee, and he suggested that this matter be continued to the meeting of December 14, 1995. With Agency Board concurrence, this matter was continued to the meeting of December 14, 1995. Chairman Crites recessed the meeting at 6:00 p.m. to Closed Session to discuss items listed under Agency Counsel Reports and Remarks. He reconvened the meeting at 7:10 p.m. XII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN OF DESIGN FOR A 207,000 SQUARE FOOT RETAIL COMMERCIAL/RESTAURANT (..r.A4 Ira( (WITH LIQUOR LICENSES) AND BUILDING HEIGHT VARIANCE LOCATED ON 10.68 ACRES ON THE SOUTH SIDE OF EL PASEO BETWEEN SAN PABLO AVENUE AND LARKSPUR AVENUE, Case Nos. PP95- 5. VAR95-2 (Madison Marquette, Applicant) JOINT PUBLIC HEARING WITH THE PALM DESERT CITY COUNCIL. Mr. Drell reviewed the staff report, noting that staff, the Architectural Review Commission, and the Planning Commission all believed that the applicant had a very outstanding project. The Planning Commission and Architectural Review Commission recommended approval of the project, and staff believed the project presented was consistent with the wishes and goals of the Redevelopment Agency for this site. Mayor/Chairman Crites asked whether there had been attempts to blend artistic elements into the architectural design instead of having pieces of art in front of the project. Mr. Drell responded that the applicant had been directed to have discussions with the Community Art Department relative to this. Mayor/Chairman Crites declared the public hearing guta and invited testimony in FAVOR of or OPPOSED to this request. 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. PAUL HETSS, Development Director for Madison Marquette, noted that they had a signed lease with Saks. He said they wanted to design the project with walkways, fountains, etc. to be designed by artists. He urged the Council's support of the Architectural Review Commission and Planning Commission recommendations for approval. MR. CARL MEYER addressed the Council/Agency Board and stated that the project would have a one thousand car, two -level parking garage and that the central theme of the project was a garden along with secondary courtyards. He said they felt this would provide an architectural centerpiece for El Paseo and that the project was designed as an oasis in the desert. Upon question by Councilman/Member Spiegel, Mr. Heiss responded that they would have to have at least 80% pre -leased to open the project in the 1997 season, and they hoped to open with 100%. Councilman/Member Spiegel stated that another concern was with the parking structure upper level and the amount of shaded area, especially during the summer months. Mr. Meyer responded that there would be structures that shade both sides of the parking rows. He said this would meet the coverage requirements and that they hoped this would do it in a way that is much more efficient. Councilman/Member Spiegel stated he also felt the developer should make sure there were plenty of benches for people to sit on in this project. He questioned the name change from Madison Realty to Madison Marquette. Mr. Heiss stated that in February of this year Madison Realty purchased Marquette and changed the name to Madison Marquette. Councilman/Member Kelly questioned the need for an entrance on Shadow Mountain and said he felt it would be a security problem. Mr. Meyer responded that at this point the stairs were shown as required exits from the parking structure and that they would have to discuss this with the Fire Department before making changes to the exits. Councilman/Member Kelly stated he would prefer that something be worked out so that these exits would be for emergency use only. Mr. Meyer stated that they shared Council's concerns with regard to the security issue and that they were looking into the situation. Upon question by Councilmember/Member Benson, Mr. Heiss responded that they had the ability to build the project in phases but that they did not intend to do so. He said the development agreement indicated they must build the first 100,000 square feet of space to receive Redevelopment monies. The only way to possibly phase the project would be to cut off one of the front buildings, but they had no intention to do that. Councilmember Benson stated that at one point the Council was looking at a tenant agreement so we do not have people moving from all over town to this project. Mr. Ortega responded that this was still in effect. Councilmember/Member Benson asked whether there was a crosswalk on El Paseo from the northeast corner over to the project. She said she knew there was a crosswalk now from the northwest corner from San Pablo to Cedar Creek. Mr. Folkers responded that there was no crosswalk at this time but that it could be put in when we get into the signalization 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * revisions. She asked how much money the City was putting into this project, and Mr. Ortega responded that it was up to $5 million for the parking easement. Councilman/Member Snyder complimented the developer for spending a lot of time with the people and making changes after talking to them. He said he felt this was a beautiful project, and he wished them success. Mayor/Chairman Crites suggested that when the developer was looking at how to do the back parking structure treatment on Shadow Mountain that they consider what was done on parking structures in Phoenix and Sacramento where they were very imaginative in creating the illusion of space and making people want to stop and look at them. With no further testimony offered, Mayor/Chairman Crites declared the public hearing. Councilman Snyder moved to waive further reading and adopt Resolution No. 95-103 approving PP95-5 and VAR95-2, subject to conditions. Motion was seconded by Spiegel and carried by unanimous vote. Member Spiegel moved to, by Minute Motion, approve the plans and specifications. Motion was seconded by Kelly and carried by unanimous vote. XIIL. ORAL COMMUNICATIONS None XIV. ADJOURNMENT With Agency Board concurrence, Chairman Crites adjourned the meeting at 8:00 p.m. to Wednesday, November 29, 1995, at 6:00 p.m. to Closed Session and at 7:00 p.m. for the purpose of certifying the results of the November 7, 1995, election, swearing in the newly elected Councilmembers, and selecting the Mayor and Mayor Pro-Tempore. ATTEST: MARY P. GA THE PALM D ASSISTANT SECRETARY TO T REDEVELOPMENT AGENCY 7