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HomeMy WebLinkAbout1998-11-12MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, NOVEMBER 12, 1998 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Benson convened the meeting at 4:04 p.m. H. ROLL CALL Present: Member Buford A. Crites Member Jim Ferguson Member Richard S. Kelly Vice Chairman Robert A. Spiegel Chairman Jean M. Benson Also Present: Carlos L. Ortega, RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk John M. Wohlmuth, ACM/Director of Administrative Services Richard J. Folkers, ACM/Director of Public Works Patrick Conlon, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer John Nagus, Community Arts Manager Teresa LaRocca, RDA Housing Manager Rachelle D. Klassen, Deputy City Clerk III. CONSENT CALENDAR A. MINUTES of the Regular Meeting of the Redevelopment Agency of October 22, 1998. Rec: Approve as presented. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos 21RDA, 22RDA, 23RDA, 23DR, and 23PDHA. Rec: Approve as presented. C. REQUEST FOR APPROVAL of Engineering for the Undergrounding of Utility Lines at City's Parking Area. Rec: By Minute Motion, authorize staff to begin the engineering for the undergrounding of utility lines at the City's parking area east of Highway 74 and south of Highway 111. D. REQUEST FOR APPROVAI. of Change Order Nos. 1 and 2 to Contract No. R13320 for Additional Construction Services for the Rehabilitation of the Santa Rosa Apartments. Rec: By Minute Motion: 1) Approve Change Order No. 1 for additional construction services to Contract No. R13320 (Robert Kennedy Construction) in the amount of $2,724.39; 2) approve Change Order No. 2 for additional construction services to Contract No R13320 (Wayne Roofing) in the amount of $7,500.00; 3) authorize the transfer of funds from contract contingency to contract base amount. E. REQUEST FOR RATIFICATION of Out -of -State Travel by Development Manager Rudy Acosta. Rec: By Minute Motion, ratify travel by Rudy Acosta to Vancouver, B.C., to work with Intrawest on the development of the Art and Leisure Trail at Desert Willow. Upon motion by Crites, second by Spiegel, and unanimous vote of the Redevelopment Agency Board, the Consent Calendar was approved as presented. IV. CONSENT ITEMS HELD OVER None V. RESOLUTIONS None 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. NEW BUSINESS A. REQUEST FOR APPROVAL OF LANDSCAPE DESIGN FOR OASIS CLUB DRIVE AND HOVLEY LANE (CONTRACT NO. R15170). Vice Chairman Spiegel moved to, by Minute Motion: 1) Approve the landscape design contract with Ray Lopez Associates for the design of landscape improvements: a) East side Oasis Club Drive and north side Hovley Lane along the Palm Desert Resorter in the amount of $14,100.00 (R15170); b) south side Hovley Lane between Kansas Street and Idaho Street in the amount of $14,100.00 (R15180); 2) authorize the appropriation of such funds from the Agency's Account No. 854-4195-466-3092. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR APPROVAL WITH REGARD TO SANTA ROSA APARTMENTS REHABILITATION AND SWIMMING POOL (CONTRACT NO. R13320). Vice Chairman Spiegel moved to, by Minute Motion, approve to remove the existing swimming pool as drawn on the construction blueprints and enlarge the existing play area, at a cost of $3,000.00. Motion was seconded by Kelly and carried by unanimous vote. C. REPORT ON CONTRACTS FOR SANTA ROSA APARTMENTS REHABILITATION PROJECT. Ms. LaRocca reported that the rehabilitation project was approximately fifty percent complete. D. REPORT ON HOVLEY LANE WALL CONSTRUCTION. The following is a verbatim transcript of this item. Key: CLO Carlos L. Ortega, RDA Executive Director JMB Jean M. Benson, Chairman RSK Richard S. Kelly, Member JF Jim Ferguson, Member RAS Robert A. Spiegel, Vice Chairman BAC Buford A. Crites, Member JEF Joyce E. Frisco, Chairman, Project Area 4 Committee RDK Rachelle D. Klasaen, Deputy City Clerk CLO The...the next one is...let me give you a background and then I know you're going to have additional questions from Dave. We had come to the Council with authority to begin a program to replace walls. The only thing that the Council said to go back to the Committee was to look at the actual type and design of the wall. We did that and they selected a type and design and 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * we're proceeding. The reason we've been back to Council is to tell you that in fact that position has been made. You may have some questions of Dave. JMB I think the question... RSK No comment. JMB ...question I had was that in receiving calls from, particularly Charlie Ash, out in there, on...that we would only loan money on one kind of a wall and it was the Committee decided they're kind of a wall and not all the homeowners wanted that...and he and...I believe Charlie's talked to Councilman Kelly as well, which you can comment on, that they had other problems and we wanted to not start something that wasn't gonna be finished the way everybody was in agreement on what was being done. RSK I think I ought to comment before you...the...Miss...the lady's name that's the Chairman... JF Frisco. JMB Frisco. RSK ...anyway, the Chairman asked to meet with me because I'm Councilman...Frisco. Is she here? JMB Yes, she is. RSK Oh, there she is. And we met and I don't think the problem is so much...and you can speak later after I get through and either verify or correct me. But the big problem is some of those houses are only valued at about $65,000.00 and the wall that we were...the Committee was specifying that we put in there would be $14,000.00 or $16,000.00. And so some of the folks...we went out there and our Code Enforcement folks inspected some walls that, without this program, they probably would have never inspected in twenty years. But they were found to be engineered...engineer-wise not safe and so they sent, what I would consider a very threatening letter, giving them sixty days to put a new wall in at $16,000.00. And..,and so a lot of those people got very unhappy and I don't think it's just unhappy with the kind of wall that was selected by the Committee...Section...Project Area 4 Committee. But the enormous amount of money in the way we approach those folks and threatened 'ern with that they fix this right now or else. So...we...we discussed it and asked the question and I asked our Redevelopment Director if we could not do something and...to assist. In (inaudible) we're the ones that are going in there and doing the landscaping and change the medi...the parkway. There's a two foot difference in elevation between the lots and parkway. And so it seems to me we own the parkway, we can't do a redevelopment project because it's partly their property. But...it seems to me that we...we should be responsible for some kind of retaining wall for that two feet. And that if we had some kind of an agreement...and we have other places in the city where we have the same problem so we could do the same thing...that the Redevelopment 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Department would be responsible for that two feet, in this case...in other cases it might be less or more and that we would put in the first... the footing and the first two feet and that the property owner would be responsible for the six feet. Because if they have a six foot wall, it winds up as an eight foot wall, and that's why the tremendous cost...if we're ordering them to fix and put in a new wall, they can't just put in a six foot wall, it takes an eight foot wall. That's why it's such a large cost. RAS How much (inaudible) RSK I asked...Redevelopment Director to look into that and see if that's possible and if that's something that we would want to do and then the Redevelopment Agency Board could make a decision...yes or no...we could do that. BAC Quick question, Dick. Did the City create the difference then between the lots and the street? RSK Well, it was... BAC Because if we did, you're right, we're responsible. RSK It's a devel-...it was a County...it was a development and when we took it over it was the County until, you know, I suppose between...well maybe we did when we put the road through there. BAC That's what I'm asking. RSK I don't know. BAC Who created this... RSK I don't know that but maybe we ought to ask Ms. Frisco to comment on ... you're not bashful are you? You weren't bashful when you met with me the other day. JEF My name is Joyce Frisco and I live at 77575 Robin Road and I am currently the Chairman of the Project Area 4 Committee. RSK Pull that mic down there so we'll be sure and all hear you. Good. � J JEF There's lots of things I could say but I don't want to use our time up on that. There's a couple of areas I really would like to go on record about...and...and...Dick Kelly has already approached them. But...my main concern at this point...this has been a very confusing process for me. I know I've walked away from meetings shaking my head thinking, I'm not even sure what we approved and what direction we're going in. Initially we started out in our specific plan that we needed to do something about Hovley because now it's a major thoroughfare, and 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * also with the appearance of it. And...and so we...that's where we started from. That is what our intent was and I think that everyone was pretty much in agreement with that. As Dick Kelly said, where we are today is that we...we have found out that we could not put up a wall...a consistent wall along that strip even though that would really solve the problem if some way we could find a way to put up a continuous wall on the public right-of-way...or wherever ...to act as a sound barrier, and also...as a sight barrier, since now Hovley is an open road. As Dick Kelly mentioned, there's...that street, if any of you have gone by and looked at it, that elevation can start out at one foot up to two feet and we have all varying types of structures up there now. But, my main concern tonight is that we have arrived at a point where in actuality we have not involved the homeowners of those properties, or the property owners in the process. And I know that our Committee in July wanted to send a letter to the homeowners to explain to them exactly where we were coming from and how we...this all got started. We were asked to wait on that until...oh let's see...till we had a time line. And then we were asked to wait until we had actual wall requirements. In the meantime, you had your meeting in August and the City Council also saw the need to involve the homeowners and actually requested our Committee to... or the City, I'm not real sure who was really be requested to...get the homeowner's association involved. Because as a Committee, I feel...I do not feel right making decisions on what kind of wall these people need to put up there. Given the fact that we can not go in now and put in one consistent wall, we've been told we can't do that. So now we're talking about private owners having to erect these walls. And I...I don't feel comfortable telling people, especially like Dick Kelly referred to, a Realtor did some appraisals in there that...mainly those houses are worth between $55,000.00 and $60,000.00. And we are now coming to them and saying we'd like them to erect a slump stone wall...anywhere from six to eight feet with who knows what kind of engineering problems they may have. And...and so I'm...I'm coming to you tonight just to go on record to say that somehow we ended up at this place and I'm not comfortable with it. I am also telling you that we are not making friends in that area and probably most of those people, their friends, and that somehow if we can go back a"few steps...I hate to say that because you know when walls come up, I mean everybody wants to run out of the room but...somehow we're not doing our job because we're not...and I'm taking responsibility for that as well...in really meeting with those homeowners and really coming together and to see what we can do...working with Redevelopment and the funds...I mean that's wonderful, because that gives us an avenue but it is not the only solution and the solution to come up with something that is gonna make everyone happy and something we can all be proud of. So...that's why I'm here tonight. That's why I met with Dick Kelly, because I was very concerned as where we were going with this program. And I knew it was not your intent nor our intent to put these property owners in this position...or the City in this position. JMB I was thinking another issue...the main issue I had too on it was the fact that we would only loan money if it was on one kind of a wall and not loan it on the other. JEF Exactly. JMB I think...you can't force people to do that. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JEF And actually, in your City Council minutes it...it addresses that. That that was a concern that you had, and in actuality I didn't understand it that it was really our Committee's responsibility to make that determination. RAS And the concern that I had was limiting it to one area of the City and not offering the same kind of loan and situation to all of our residents...that have a wall that's not up to snub. JF I...also want to offer a couple comments because I've received a lot of...input from residents out there. I'm not on the Project Area 4 Committee, but...the conversation you had with Mrs. Frisco I probably had with a half -dozen residents out there and...I think that the City can... RSK We welcome your help. JF ...point it's finger at itself for a bunch of foibles in getting going on this because when this first came up we were faced with a dilemma. An undesirable visual aspect on that lane because of the disjointed and dilapidated walls versus Councilman Spiegel's concerns, well if we just go start building parameter walls for residents, where does it stop and how do you cap it. And I think I...if not suggested, whole-heartedly concur that we write a letter to all the property owners say here is our dilemma, we would appreciate your input and then we'd get some idea of who was willing to work with us in constructing their walls and who wasn't and get a better definition of the problem. What I heard from residents was that they were asked to pay for walls that were disproportionate in value to the value of their homes. And when they expressed their reluctance to do so, immediately got a citation saying build a $16,000.00 wall or we're going to cite you, which came across as being...very heavy-handed, Stalinesque, if you will...and it upset a lot of people there and it's just gone from bad to worse to horrible and I don't think anyone on this Council ever intended to go beat up our residents. We just simply wanted to have them share with us on how we approach this problem and the one missing link is I don't think they've ever gotten the property owners to sit down with our staff and this Committee and say "how do we make this better than what it is today" and "how can we do that in a way that it accommodates the City's interest with your interest". And...for the life of me, from last Spring, don't understand why that's never occurred. BAC How 'bout as one thing that to everybody that received a citation we begin by sending'6ut a "whoa - we goofed" letter. JF That's an excellent idea. BAC Because I can't imagine...I mean unless we...if we went around this City and looked in everybody's yard in terms of their fences...this room wouldn't be large enough to accommodate...I mean we wouldn't have a large enough Council chambers to accommodate everybody who would be down here to have a chance at lynching us. And thank goodness we wouldn't get it done until we had a new Mayor in who is fresh and can run fast and so on. But I think we ought to start by undoing what we've done and go on from there. 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JF I would also, with my apologies to the City Clerk in advance, like to have a transcript made of this discussion provided to the Project Area 4 Committee so that when residents come in and want to know where the Council stands on this issue, they can read our comments verbatim and see what are intent was then, what are intent is now and...our reluctance, or I guess unhappiness at what has unfolded over the last eight months. Because it certainly was not my intent that we go this far. JMB No. And I think I know I had given to Ray several times some of those letters and said...and I thought we brought it up here to quit sending them out until we resolved the situation. But I guess four of 'ern went out. RAS Well I would...I would like to make a motion that we act on Councilman Crites' suggestion that we send out an "Oops, we goofed!" letter... RSK Now hold everything. RAS Wait a minute, let me just finish. RSK I didn't mean to bother you. RAS That's all right. You bother me all the time so that's all right. And that we continue this and ask the Section 4 Committee to go back and revisit the walls, get the people that are living in the area involved, etc. and then bring it back to Council. RSK Just one comment. The folks there don't know what can be done and what can't be done. We have experts in the field that know all those things that can be done and can't be done and we...our experts need to help those folks and consult with those folks to bring them on board so they understand all those things and search for a way to do something that's fair to everybody. RAS I agree totally. RSK And you can't just bring them together and see what they want. We need to be...we're the experts. We need to help them. RAS I agree totally. r JF Can I go one step further, be perhaps a little bit more specific than we were last Spring and ask that our Executive Director of our Redevelopment Agency, our Mayor and Councilman Kelly set up a meeting with those residents, perhaps out at the Palm Desert Country Club community facility, invite them in, bring the consultants, lay out the options, explain how we got here and have the meeting that I'd hoped we would have had last Spring now, and try and repair some of the past and maybe prepare for a better future. 8 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RAS And at the same time look at what the City can do. Councilman Kelly suggested we two feet with... JF Right. RAS ...and so on. I am not opposed to that if the expense is not too heavy, if it's allowed to be used in the rest of the City. RSK But we need to decide what we're willing to do before... RAS You know. RSK ...I want to go out there and have a meeting. I want to give those people some option as to what they can do. In other words, if we can do this, I would like to know can we do this before I go face the people. BAC Alright...so number one, we send the "oops" letter. Number two, at our next Council meeting we have a report from staff saying legally here are what our options are. And I...I very much want to know staffs perception of the consequences of our options. As an example, if we choose to go in and build the footings and the base two feet of walls in order to help people, I want to make sure that we understand what that means community -wide, or that we don't do...whatever we do that we have a real good idea of what we're embarking on so 'that somebody else doesn't come down here six months and want to know where the bottom of their wall is and so on and so forth. JMB Go ahead. RSK If we did something separate and different just for the Palm Desert Country Club area, we would not be setting a precedent. We have done this before. We have done these kinds of things before. We did curbs and gutters in two large assessment districts and the City contributed about fifty percent of that cost. BAC Well, Dick... RSK My point is that...my point is I don't want to get wrapped up in this. If we do this here then we gotta do it everywhere else. Because if...if everybody else is willing to contribute and work with us, yeah, we probably should. But don't...don't think for a minute that we haven't'done this before. BAC That's the kind of think that should come back... RSK It's not a precedent. It's not a precedent. 9 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 19,98 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BAC Okay. JF Well, and I...I also... RSK Like everybody thought it was new and different. It's not. JF I also wanted to follow up on that. Because if somebody else can come to us and say we were annexed by the City with substandard public infrastructure, and if they can say we have a specific plan written for our area, and if they can say a project area has been created within the Redevelopment Agency for our area, and if they can save $13 million of bonds have been floated to make specific improvements, I would be very inclined to listen to their argument. BAC Okay. RAS Okay. Alright. So we've got the motion. JF You need a second. JMB We need a second. JF I'll second. JMB Please vote. RDK The motion carries by unanimous vote. RSK Excuse me...excuse me. I just thought of something. When we got through doing this we didn't ask the Chairperson how she felt about what we just did. And that's been our problem before. Before she leaves maybe we can get a response...and I hate to butt in but... JMB I thought she was happy if she was leaving. RSK Well I don't know for sure and I'd like to...I hope she is. But I would... JEF I did say thank you. No...I think...I think we're where we need to be right now and I think that process will be much more acceptable to everybody so...I appreciate that. RSK Thank you. I didn't want to find out we did the wrong thing. Member Crites moved to, by Minute Motion: 1) Direct staff to send letters to all residents affected; 2) continue the matter to December 10, 1998; and 3) direct staff to bring to Council the legal options of the Redevelopment Agency. Motion was seconded by Ferguson and carried by unanimous vote. 10 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. CONTINUED BUSINESS None VIII. OLD BUSINESS None IX. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR Mr. Ortega stated he wanted to thank Bryce White for his work yesterday. He also noted the items for Closed Session consideration. B. AGENCY COUNSEL Request for Closed Session: Conference with Real Property Negotiator pursuant to Section 54956.8: 1) Property: Land located in Section 4 - Desert Willow Negotiating Parties: Agency: Palm Desert Redevelopment Agency/Carlos L. Ortega, Executive Director Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x. Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior court Case No. BC106461 b) Palm Desert Redevelopment Agency v. Shell Cohn Family Trust, RCSC Case No. INC 004 090 C. CHAIRMAN AND MEMBERS OF THE AGENCY None Upon motion by Crites, second by Spiegel, and unanimous vote of the Agency Board, Chairman Benson adjourned to Closed Session at 6:07 p.m. She reconvened the meeting at 7:00 p.m. 11 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XI. PUBLIC HEARINGS A. CONSIDERATION OF THE SALE OF MOBILE HOME LOTS #18 (APN NO. 622-351-018-9), #98 (APN NO. 622-351-098-0), AND #134 (APN NO. 622-351-134-9) LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT PUBLIC HEARING WITH THE PALM DESERT CITY COUNCIL) . Ms. LaRocca noted that there were three proposals for the purchase of the subject lots by the existing tenants of those lots at Portola Palms Mobile Home Park. She said lot numbers 18 and 134 had been appraised at $22,500.00, which was the same as the offer from those tenants; and lot number 98, on the greenbelt, appraised at $25,000.00, which was also the offer from the tenant. She stated staff recommended acceptance of the offers. Chairman/Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the matter. With no public testimony offered, he declared the public hearing closed. Member/Council Member Benson moved to: 1) Waive further reading and adopt City Council Resolution No. 98-137 authorizing the Palm Desert Redevelopment Agency to sell the subject mobile home lots; 2) waive further reading and adopt Redevelopment Agency Resolution No. 364 making and finding that the sales price for the lots is not less than their fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded by Ferguson and carried by unanimous vote. XII. ORAL COMMUNICATIONS None 12 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING NOVEMBER 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. ADJOURNMENT Upon a motion by Ferguson, second by Crites, and unanimous vote of the Redevelopment Agency Board, Chairman Spiegel adjourned the meeting to an Adjourned Joint Meeting of the City Council and Redevelopment Agency on Monday, November 23, 1998, in the Administrative Services Conference Room of the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. Said Closed Session to be held pursuant to Government Code Section 54957 regarding Public Employment: Titles of Positions: A'1"LEST: SHEILA R. GIL IGAN, RETARY TO THE PALM DESERT REDE OPMENT AGENCY City Manager City Clerk Redevelopment Agency Executive Director City Attorney ROBERT A. SPIEL , IRVIAN 13