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Home My WebLink About2001-09-27MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, SEPTEMBER 27, 2001 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Chairman Ferguson convened the meeting at 4:01 p.m. II. PLEDGE OF ALLEGIANCE - Chairman Jim Ferguson III. INVOCATION - Member Jean M. Benson Following the invocation, the Palm Desert High School Chamber Singers performed the National Anthem and God Bless America. IV. 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 David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services/City Clerk Richard J. Folkers, ACM for Development Services Homer Croy, Director of Building & Safety Phil Drell, Director of Community Development J. Luis Espinoza, Finance Operations Manager 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 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 27, 2001 V. ORAL COMMUNICATIONS MR. JERRY BEAUVAIS, 74-060 San Marino Circle, Palm Desert, addressed the City Council to propose restoration of homes in one of the oldest Palm Desert neighborhoods, the Palma Village area bordered by Highway 111 and Portola Avenue. Further, he proposed that the restored dwellings could be turned into vacation homes with easy access to the City's major shopping areas and attractions. MR. STEVE BOWER, 73-093 Santa Rosa Way, Palm Desert, asked that two traffic signs be placed in his neighborhood, one declaring that there was no outlet on Santa Rosa Way, and a 25 miles per hour speed limit sign. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VII. CONSENT CALENDAR A. MINUTES of the Regular Meetings of the Redevelopment Agency of August 23, and September 13, 2001. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 17RDA, 18RDA, 19RDA, 21RDA, 23RDA, 24RDA, 25RDA, 27RDA, 17-Housing, 18-Housing, 19-Housing, 21-Housing, 23-Housing, 25-Housing, 27-Housing, and 23HA. Rec: Approve as presented. Upon motion by Spiegel, second by Crites, the Consent Calendar was approved by a 5-0 vote of the Agency Board. VIII. CONSENT ITEMS HELD OVER None IX. RESOLUTIONS None 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 27, 2001 X. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE SALE AND ISSUANCE OF TAX ALLOCATION REVENUE BONDS (PROJECT AREA NO. 4), SERIES 2001, OF THE PALM DESERT FINANCING AUTHORITY (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY). Mr. Ortega reviewed the staff report and offered to answer any questions. Mr. Dennis Coleman noted that Project Area 4 is located in the northeast section of the City, from Fred Waring on the south side to Country Club on the north, to Washington on the east and approximately Eldorado on the west. Member/Commissioner Spiegel moved to waive further reading and adopt: 1) Redevelopment Agency Resolution No. 426, approving as to form and authorizing the execution and delivery of certain documents in connection with the sale and issuance of Tax Allocation Revenue Bonds (Project Area No. 4), Series 2001, of the Palm Desert Financing Authority; 2) Financing Authority Resolution No. FA-29, authorizing the sale and issuance of its Tax Allocation Revenue Bonds (Project Area No. 4), Series 2001, appointing a trustee, approving as to form and authorizing the execution and delivery of certain documents in connection with the sale and issuance of said bonds. Motion was seconded by Kelly and carried by a 5-0 vote. XI. CONTINUED BUSINESS A. CONSIDERATION OF MEMBERSHIP PROVISIONS OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND FRIENDS OF THE CULTURAL CENTER, INC. (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL) (Continued from the meetings of June 28, July 19, and August 23, 2001). Mr. Ortega stated that this was continued from the last meeting in order to obtain a legal opinion from the City Attorney, which had been provided to the Council. Councilman/Member Spiegel noted that one provision being considered was the possibility of the member being one of the Council or a person designated by the Council. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 27, 2001 Mr. Erwin noted that the agreement provides that the designation of the member be done by the McCallum Theatre Board rather than the City Council. Mayor Pro-TemNice Chairman Kelly expressed concern with this requirement. Upon question by Councilman/Member Crites, Mr. Erwin stated that the requirement does not trigger any legal issues. Mayor Pro-TemNice Chairman Kelly said he felt the requirement that a member of the City Council be on the Board exposes the City to being part of the decision -making process. If the City were then to look to the Board to correct a liability, they could say that the City is part of the process and helped make the decisions. Mr. Erwin noted that the agreement does have a hold harmless provision holding the City harmless from any responsibility of being on the Board, both the Foundation Board and the Theatre Board. Councilman/Member Spiegel stated that this has nothing to do with the $5 million already approved and given to the McCallum Theatre, and Mr. Erwin agreed. Councilman/Member Spiegel said he would like to be at arm's length from any financial problems which might arise at the McCallum Theatre, and he expressed concern that this would not be the case if the City had representation on the Board. Mr. Erwin stated that if three members of the Council were on that Board, the City would certainly be at risk; however, with only one member, one member does not have the ability to obligate the City or the Council. Mayor Ferguson noted that this had been set up so that it would not implicate the Brown Act and would not involve the City to the degree beyond monitoring the $5 million investment. He said if something were to go wrong, he would want to be the first, not the last, to know about it. Councilman/Member Crites moved to, by Minute Motion, approve the agreement as written. Motion was seconded by Benson and carried by a 3-2 vote, with Councilmen/Members Kelly and Spiegel voting NO. 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 27, 2001 XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE CIVIC CENTER CARPORTS - PHASE I (CONTRACT NO. R18610). Mr. Conlon noted the staff report in the packets and offered to answer any questions. Member Spiegel moved to, by Minute Motion: 1) Award the subject contract to James E. Simon Company, Indio, Califomia, in the amount of $515,115 and authorize the Chairman to execute same; 2) authorize the Director of Finance to appropriate $515,115 plus a 10% contingency in the amount of $51,500, totaling $566,615, from Unallocated Project Area No. 1 Fund (Account No. 850-4361-466-4001). Motion was seconded by Ferguson and carried by a 5-0 vote. XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NO. 138 (APN 622-351-138-3), LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK), AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Chairman/Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was offered, and he declared the public hearing closed. Vice Chairman/Mayor Pro-Tem Kelly moved to waive further reading and adopt: 1) City Council Resolution No. 01-103, authorizing the Palm Desert Redevelopment Agency to sell mobile home lot #138, located at 43-155 Portola Avenue (Portola Palms Mobile Home Park), at fair market value; 2) Redevelopment Agency Resolution No. 427, making the finding that the sales price for the subject mobile home lot is not less than its 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 Spiegel and carried by a 5-0 vote. XIV. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 27, 2001 B. AGENCY COUNSEL Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: NEC Frank Sinatra Drive/Cook Street Negotiating Parties: Agency: Carlos L. Ortega/Dave Yrigoyen/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: University of California, Riverside Under Negotiation: x Price x Terms of Payment 2) Property: APN 640-080-011 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 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 C. CHAIRMAN AND MEMBERS OF THE AGENCY None 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING SEPTEMBER 27, 2001 XV. ADJOURNMENT With Agency Board concurrence Mayor Ferguson adjourned the meeting to Closed Session at 6:28 p.m. He reconvened the meeting at 7:04 p.m. Upon motion by Spiegel, second by Crites, and a 5-0 vote of the Agency Board, Chairman Ferguson adjourned the meeting at 8:47 p.m. to Closed Session. Vice Chairman Kelly reconvened the meeting at 9:45 p.m. and immediately adjourned with no action announced. ` ./ SHEILA R. GI LIGA PALM DESERT R CRETARY TO THE ELOPMENT AGENCY 7 FEUSN, CHAIRMAN