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HomeMy WebLinkAbout2001-12-13MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, DECEMBER 13, 2001 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Chairman Ferguson convened the meeting at 4:08 p.m. II. ROLL CALL Present: Member Jean M. Benson Member Buford A. Crites Vice Chairman Richard S. Kelly Member Robert A. Spiegel Chairman Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Deputy City Attorney Sheila R. Gilligan, ACM for Community Services/City Clerk Richard J. Folkers, ACM for Development Services Justin McCarthy, ACM for Redevelopment Homer Croy, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa La Rocca, Director of Housing Martin Pinon, Director of Human Resources Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Rachelle D. Klassen, Deputy City Clerk III. AWARDS, PRESENTATIONS, AND APPOINTMENTS None MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2001 IV. CONSENT CALENDAR A. MINUTES of the Regular Meetings of the Redevelopment Agency of November 8, and November 22, 2001. Rec: Approve as presented. Member Crites abstained from the vote on the Minutes of the meeting of November 8, 2001, due to his absence from that meeting. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 43RDA, 45RDA, 46RDA, 47RDA, 48RDA, 42-Housing, 43-Housing, 45-Housing, 47-Housing, 48-Housing, 43HA, and 47HA. Rec: Approve as presented. C. CITY'S AND REDEVELOPMENT AGENCY'S PORTFOLIO MANAGEMENT SUMMARY for the Months Ending September 30, and October 31, 2001 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. Member Ferguson moved to approve the Consent Calendar as presented. Motion was seconded by Crites and carried by a 5-0 vote, with Member Crites ABSTAINING from the vote on the Minutes of the Agency's Meeting of November 8, 2001. V. CONSENT ITEMS HELD OVER None VI. RESOLUTIONS A. RESOLUTION NO.429 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY, AUTHORIZING AND DIRECTING THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO IMPLEMENT A MORTGAGE SUBSIDY PROGRAM, A RENTAL SUBSIDY PROGRAM, A FIRST-TIME HOME BUYERS PROGRAM, AND A HOME IMPROVEMENT PROGRAM. Mr. Ortega reviewed the staff report, noting the resolution implemented a program that was presented to the Board approximately three months ago. The program would assist with Palm Desert's production of housing, and it 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2001 had been presented to the Western Center to assist in complying with the stipulation. Member Spiegel moved to waive further reading and adopt Resolution No. 429. Motion was seconded by Ferguson and carried by a 5-0 vote. VII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR MASS GRADING OF APPROXIMATELY 40 ACRES LOCATED WEST OF THE CITY'S CORPORATION YARD BETWEEN 42ND AVENUE AND MERLE DRIVE (CONTRACT NO. R19680). Member Ferguson moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF A LEASE AGREEMENT BY AND BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND THE FAMILY YMCA OF THE DESERT (CONTRACT NO. R11811). Councilmember Benson moved to, by Minute Motion, approve a Lease Agreement with the Family YMCA of the Desert for a five-year lease of the Jean M. Benson Child Care Center for the purpose of operating a child day care center on the premises. Councilman Spiegel seconded the motion with one addition: That the playhouse (shoe) which has been stored by the City for some years be contributed and moved to the Center. Councilmember Benson agreed with the amendment, and the motion carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF A RELEASE AND TERMINATION AGREEMENT BETWEEN THE CITY OF PALM DESERT AND THE PALM DESERT REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Ortega reviewed the staff report and recommendation, noting that this would void an agreement between a previous landowner and the City for property that has been purchased by the Redevelopment Agency. Councilman/Member Spiegel moved to, by Minute Motion, approve the Release and Termination Agreement between the City of Palm Desert and the Palm Desert Redevelopment Agency. Motion was seconded by Benson and carried by a 5-0 vote. VIII. CONTINUED BUSINESS None MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2001 IX. OLD BUSINESS None X. PUBLIC HEARINGS None XI. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL 1) Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 653-400-036; 653-420-016 Negotiating Parties: Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency Property Owner: The Trustees of the California State University Under Negotiation: x Price x Terms of Payment 2) Property: APNs 640-160-007; 640-160-021; 640-170-022 Negotiating Parties: Agency: Dave Yrigoyen/Ruth Ann Moore/ Palm Desert Redevelopment Agency Property Owner: Burnham Pacific Properties Under Negotiation: x Price x Terms of Payment 3) Property: APN 627-111-012 (Vacant Lot adjacent to Catalina Gardens) Negotiating Parties: Agency: Justin McCarthy/Teresa La Rocca/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2001 4) Property: APN 640-080-011 (SWC Highway 111/EI Paseo) Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Palm Springs Desert Resorts Convention & Visitors Authority and Palm Desert Chamber of Commerce Under Negotiation: x Price x Terms of Payment 5) Property: Seven Acres - NEC Frank Sinatra Drive/Cook Street Negotiating Parties: Agency: Dave Yrigoyen/Palm Desert Redevelopment Agency 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 Palm Springs v. All Persons Interested, Riverside County Superior Court Case No. INC 051124 2) Reoort and Action from Closed Session at This Meeting. None C. CHAIRMAN AND MEMBERS OF THE AGENCY None XII. ORAL COMMUNICATIONS In response to question by the Council as to the result of the meeting City staff and concerned residents had participated in earlier, Mr. Hargreaves felt there was a pretty comprehensive airing of the various issues surrounding the Betty Ford Center and residences on Daisy Lane. He said City staff members tried to stress to all concerned that the City found itself in somewhat of a difficult situation, trying to balance the patients' rights, which are protected by a series of State and Federal Laws, with those of residents for fair notice and process with respect to events in their neighborhood, and it is a complicated legal and factual situation that the City is trying to evaluate. Staff members encouraged the different sides to engage in a dialog to see if they could come to some interim agreement while the City had a chance to decide which way it wanted to go; there were discussions back and forth MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2001 in that regard, and actually, City staff members left before there was any conclusion. He felt the various participants should be asked whether there had been any resolution or where they had left off. Further responding, he said on behalf of the City, staff stated that it hoped to have something on the next City Council Meeting Agenda, January 10, and it was hoped that would be enough time to sort through the process. MR. MARTIN NETHERY, 45-025 Manitou Drive, Indian Wells, CA, attorney for the Betty Ford Center, spoke about his interpretation of the outcome of today's earlier meeting between his group, residents adjacent to Daisy Lane, and City staff. He noted that his group was invited to today's meeting in response to the indication that residents would be in attendance to speak during Oral Communications. He said the groups met until about six o'clock; there was an attorney present who said he represented some of the homeowners but was unsure exactly how many, and they continued to meet following his group's departure. However, before leaving, the Betty Ford representatives offered that they would freeze the number of patients, the status quo, at the current level (11 or 12 patients plus some staff currently in the homes) in exchange for a commitment by the homeowners present (a significant number) and those they could influence not to harass, picket, yell at, or otherwise disrupt the situation on Daisy Lane. The homeowners met afterwards, and he learned, after returning to City Hall and speaking with a homeowner who appeared to speak for a significant number of them, that they were unable to reach consensus on that proposal; the homeowner could not guarantee that there would be no further disruptive actions. He reiterated what the Betty Ford group had offered, that it would meet anytime, anywhere, with them, with their lawyers, with a combination of homeowners and City representatives, including tomorrow. Their attorney said he would probably make contact tomorrow. Therefore, Mr. Nethery said he could not report that there was anything specifically agreed to at this time. MS. STACY WENSEL, 74-119 College View Circle East, Palm Desert, stated she was not represented by the attorney who represented other residents. She said if she had known of the intention for Daisy Lane, of which there was no indication when she made an offer and did some research on the area beginning in February 2001, she may have made another decision before closing escrow on her home in September 2001. She learned recently, though, that the Betty Ford Center had known of the proposal for nine months; it was her opinion that the City had not been informed of the intentions either. She wondered why, if the proposal was deemed to be so beneficial for the City and its residents, the proper channels weren't followed. MR. THOMAS HALLECK, 67-980 Foothill Road, Cathedral City, CA, stated he was one of the developers of College View Estates, and he, too, believed the system had been intentionally circumvented when World Development sold 15 homes to the Betty Ford Center. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 13, 2001 Councilman/Member Ferguson said he felt it was important to note that the issue was not with the patients who were trying to get help with their addictions, and he did not feel picketing and harassing innocent people was a positive way for adjacent residents to respond. He said the City did have a process that would be used. He said whether legally this required a Conditional Use Permit or not, let's talk about what conditions would be put on it if it were required and see if there are legitimate uses that need to be mitigated that affect neighbors. He added that he did not see any bad faith on the part of anyone other than just a series of decisions made on some somewhat unclear law resulting in the residents and the Council finding out this week about the situation. He asked that the residents be patient, work with the City as it works through this process, and leave the patients alone. Councilman/Member Crites agreed and noted that the Council was not just dealing with local laws here but that there were very specific State laws that were involved as well. He said he wanted to have input from the residents but agreed with Councilman/Member Ferguson that harassing people and sending threatening letters was a wonderful way to make any case less valuable. He added that the Council would do its best to be wise and fair within what the law does and does not allow. XIII. ADJOURNMENT ._._ Upon motion by Spiegel, second by Crites, and unanimous vote of the Agency Board, Chairman Kelly adjourned the meeting at 7:50 p.m. to Closed Session. He reconvened the meeting at 8:45 p.m. in order to add an item to the Agenda for City Council Closed Session, and immediately adjourned back to Closed Session. Chairman Kelly reconvened the meeting at 9:10 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: (Q.,x2,a 4e, SHEILA R. GILLIGAN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY ez RICHARD S. KELLYHAIRMAN