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Home My WebLink About1999-12-09MINUTES — REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, DECEMBER 9, 1999 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Chairman Crites convened the meeting at 4:04 p.m. H. ROLL CALL Present: Member Jean M. Benson Vice Chairman Jim Ferguson Member Richard S. Kelly Member Robert A. Spiegel Chairman Buford A. Crites Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Rachelle D. Klassen, Acting City Clerk Sheila R. Gilligan, Acting Assistant City Manager Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, RDA Executive Director Patrick Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer With Agency Board concurrence, Chairman Crites adjourned the meeting to Closed Session at 6:10 p.m. He reconvened the meeting at 7:03 p.m. M. CONSENT CALENDAR A. MINUTES of the Adjourned Meeting of the Redevelopment Agency of November 18, 1999. Rec: Approve as presented. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 25RDA, 26RDA, 27RDA, 25-Housing, 26-Housing, 27-Housing, and 26HA. Rec: Approve as presented. C. AGENCY PORTFOLIO MASTER SUMMARY for the Month Ending October 31, 1999. Rec: Receive and file. D. PRESENTATION of Agency's Audited Financial Statements for the Fiscal Year Ending June 30, 1999. Rec: Receive and file. E. REOUEST FOR ACCEPTANCE OF WORK for Contract No. R13320 -- Rehabilitation of Santa Rosa Apartments (Robert Kennedy Construction). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. F. REOUEST FOR ACCEPTANCE OF WORK for Contract No. R15280 -- Rehabilitation of the Rebecca Road Properties (Robert Kennedy Construction). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. G. REOUEST FOR DETERMINATION that Planning and Administrative Costs are Necessary for the Low and Moderate Income Housing Program. Rec: By Minute Motion, determine that planning and administrative expenses incurred for Fiscal Year 1998/1999 were necessary for the production, improvement, or preservation of low and moderate income housing. Upon motion by Member Spiegel, second by Member Kelly, and unanimous vote of the 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 DECEMBER 9,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. NEW BUSINESS A. REOUEST FOR APPROVAL OF FURTHER APPROPRIATIONS TO THE REDEVELOPMENT REVOLVING LOAN FUND (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mayor/Chairman Crites noted that this item would be considered jointly with the Palm Desert City Council. Mr. Diaz noted the staff report in the packets and stated that Redevelopment Agency Finance Manager Dennis Coleman was available to answer any questions. Councilman/Member Kelly moved to: 1) Waive further reading and adopt City Council Resolution No. 99-114, making a further appropriation to the Redevelopment Revolving Fund; and 2) waive further reading and adopt Redevelopment Agency Resolution No. 384, agreeing to terms of a resolution of the City Council of the City of Palm Desert, California, making a further appropriation to the Redevelopment Revolving Fund. Motion was seconded by Councilman/Member Spiegel and carried by unanimous vote. VII. CONTINUED BUSINESS None VIII. OLD BUSINESS None IX. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL Prior to adjourning to Closed Session, Mr. Erwin asked the Agency Board to consider adding the following property negotiation to the Closed Session agenda pursuant to Government Code Section 54956.8, which was approved on a motion by Member Spiegel, second by Vice Chairman Ferguson, and unanimous vote of the Agency Board: 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 9,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1) Property: 27 Acres West of Highway 74, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega Property Owner: Homme Under Negotiation: x Price x Terms of Payment Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Land located in Section 4 - Desert Willow - Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Dave Yrigoyen Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 2) Property: Southwest corner Highway 111/El Paseo (APN 640-090-011-6) Negotiating Parties: Agency: Carlos L. Ortega/Dave Yrigoyen Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 3) Property: APN 627-102-012 Negotiating Parties: Agency: Carlos L. Ortega/Teresa LaRocca Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 4) Property: APN 653-380-004 Negotiating Parties: Agency: Carlos L. Ortega Palm Desert Redevelopment Agency Property Owner: Dennis J. and Wilma Parrish Under Negotiation: x Price x Terms of Payment 5) Property: APN 653-380-021 Negotiating Parties: Agency: Carlos L. Ortega Palm Desert Redevelopment Agency Property Owner: Palm Desert Church of Christ Under Negotiation: x Price x Terms of Payment 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6) Property: APN 653-380-025 Negotiating Parties: Agency: Carlos L. Ortega Palm Desert Redevelopment Agency Property Owner: Lincoln McKay Development Under Negotiation: x Price x Terms of Payment 7) Property: APN 653-370-019 Negotiating Parties: Agency: Carlos L. Ortega Palm Desert Redevelopment Agency Property Owner: Larry D. And Barbara Clarence Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 No action was announced from Closed Session. C. CHAIRMAN AND MEMBERS OF THE AGENCY None X. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XI. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF AB1290 FIVE-YEAR IMPLEMENTATION PLAN. Mr. Ortega noted the report and recommendation in the packets. Chairman Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. Mr. Dennis Coleman, Redevelopment Agency Finance Manager, stated that as part of the adoption of this five-year plan, one of the things that the Agency does as it pertains to the affordable housing plan, known as AB315, is to aggregate its affordable housing numbers — between all Project Areas. He said there was a new law, and in order to do that, a finding had to be made at a public hearing, after hearing substantial evidence, that by aggregating the numbers the way the Agency does, the Agency will not cause or exacerbate racial, ethnic, or 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 9,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * economic segregation. He said Palm Desert did not have what would be considered pockets of segregation from an ethnic, racial, or economic standpoint. The housing is spread throughout; however, most of it is in Project Area 1. He read the following into the record: "That by aggregating the numbers for the production of affordable housing between the Project Areas, this will not cause nor exacerbate racial, ethnic, or economic segregation." He said this needed to be read into the record and reflected in the Minutes. Vice Chairman Ferguson asked where the substantial evidence was, as he did not see it in the report. MS. FELISE ACOSTA , Rosenow Spevacek Group, Santa Ana, CA, addressed the Agency Board and stated that updated information had been secured for the City of Palm Desert which indicated the racial, ethnic, and economic breakdown really had not changed from 1990 to 1999. She said it was her understanding from Planning staff and from general knowledge that the City's racial, ethnic, and economic makeup had really not changed substantially, and she believed that both in terms of the census information of the City on a whole and common knowledge among City staff and citizens in the community is substantial evidence. In response to question whether the Board could rely on its common knowledge, Ms. Acosta responded that the Board could do so. With no further testimony offered, Chairman Crites declared the public hearing closed. Mr. Ortega stated that he had asked Mr. Coleman to identify the projects as we know them and to provide the information in language that is understandable. He said when everyone looks at all the priorities and monies, staff would then come back and readvertise the public hearing and make any changes that need to be done. When asked whether the readvertised public hearing could be set now, Mr. Ortega responded that it would be some time in February or March 2000. Member Spiegel moved to waive further reading and adopt Resolution No. 385, adopting an Implementation Plan for Project Area No. 1, Project Area No. 2, Project Area No. 3, and Project Area No. 4 of the Palm Desert Redevelopment Agency, with the finding that the aggregation of the Agency's Affordable Housing numbers produced between all Project Areas does not cause not exacerbate racial, ethnic, or economic segregation. Vice Chairman Ferguson stated that he would like to see the consultant's report on Project Area No. 1. Mr. Coleman stated that by approving the resolution, the Agency Board would adopt the plans — for all four Project Areas, the Housing portion, and the Affordable Housing Compliance Section. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Member Ferguson seconded the motion, and it carried by unanimous vote of the Agency Board. Mr. Coleman suggested that a Study Session be scheduled to look at this, and Chairman Crites agreed and said such a Study Session should be scheduled for a non -Council meeting day. XII. ORAL COMMUNICATIONS None XIII. ADJOURNMENT Upon motion by Member Spiegel, second by Member Kelly, and unanimous vote of the Redevelopment Agency Board, Chairman Crites adjourned the meeting to Closed Session at 10:25 p.m. He reconvened the meeting at 11:00 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: bilge RACHELLE D. KLAS N, ACTING SECRETARY TO THE PALM DESERT REDEVELOPMENT AGENCY BUFF RD A. CRITES, CHAIRMAN 7