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Home My WebLink About2002-12-12MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, DECEMBER 12, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Vice Chair Jean M. Benson Member Buford A. Crites Member Jim Ferguson Member Robert A. Spiegel Chairman Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director — David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Amir Hamidzadeh, Acting Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 12, 2002 1) Property: APN 640-080-011 (SWC Highway 111 /EI Paseo) (Entrada del Paseo) Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Palm Desert Chamber of Commerce Under Negotiation: x Price x Terms of Payment 2) Property: APN 640-080-011 (SWC Highway 111/EI Paseo) (Entrada del Paseo) Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Tod McClaskey/McClaskey Enterprises Under Negotiation: x Price x Terms of Payment 3) Property: APNs 637-190-006; 637-190-007 Negotiating Parties: Agency: Justin McCarthy/Teresa L. La Rocca/Palm Desert Redevelopment Agency Property Owner: A. F. Properties, Inc. Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 1 With Agency Board concurrence, Chairman Kelly adjourned the meeting to Closed Session at 3:03 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. Chairman Kelly reconvened the meeting at 4:00 p.m. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 12, 2002 VI. CONSENT CALENDAR A. MINUTES of the Regular Meetings of the Redevelopment Agency of November 14, and November 28, 2002; and the Adjourned Joint Meeting of the City Council/Redevelopment Agency of December 3, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 122RDA, 126RDA, 128RDA, 132RDA, 138RDA, 141RDA, 144RDA, 120-Housing, 123-Housing, 129-Housing, 133-Housing, 139-Housing, 142-Housing, 145-Housing, and 135HA. Rec: Approve as presented. C. CITY'S/AGENCY'S PORTFOLIO MASTER SUMMARY for October 2002 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. D. REQUEST FOR APPROVAL of Attorney Conflict Waiver Regarding the Riverside County Palm Desert Financing Authority. Rec: By Minute Motion, approve the subject Waiver for the firm of Richards, Watson & Gershon, Los Angeles, California, and authorize the Executive Director to execute same. E. REQUEST FOR APPROVAL of a Grant of Easement to Southern California Edison for Tract No. 30193 (Hovley Gardens). Rec: By Minute Motion, authorize the subject Grant of Easement for the construction and maintenance of Southern California Edison electric facilities to Tract No. 30193 (Hovley Gardens) and the Chairman to execute the subject Grant of Easement Upon motion by Crites, second by Spiegel, the Consent Calendar was approved as presented by a 5-0 vote of the Agency Board. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 12, 2002 IX. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE SALE AND ISSUANCE OF TAX ALLOCATION REVENUE BONDS (PROJECT AREA NO. 2), 2003 SERIES A, OF THE PALM DESERT FINANCING AUTHORITY (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY). Member/Commissioner Crites moved to: 1) Waive further reading and adopt Redevelopment Agency Resolution No. 459, 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. 2), 2003 Series A, of the Palm Desert Financing Authority; 2) Waive further reading and adopt Financing Authority Resolution No. FA-40, authorizing the sale and issuance of its Tax Allocation Revenue Bonds (Project Area No. 2), 2003 Series A, appointing a trustee, and approving as to form and authorizing the execution and delivery of certain documents in connection with the sale and issuance of said bonds; 3) By Minute Motion, approve a conservative bond issue size, which may result in the deferral of certain interest payments to the City from the Agency, on outstanding loans to the City in Project Area No. 2. Motion was seconded by Ferguson and carried by a 5-0 vote. X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, THE RICHARD J. HECKMANN FOUNDATION AND THE PALM DESERT REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Yrigoyen reviewed the staff report, noting that the public hearing was being held pursuant to Health and Safety Code Sections 33445 and 33433, essentially finding that there are no other reasonable means of funding for the transfer of the land and the $2 million loan other than with redevelopment funds. He said the Council/Agency Board also had the 33433 report finding that there is a fair reuse value consideration in the transfer of the land. The other aspect of the hearing provided for the fact that the project was of benefit to Project Area 4, in which case funds could be utilized from Project Area 4 contingencies. He offered to answer any questions. 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 12, 2002 Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. MIKE WEBSTER, Vice Chancellor for Administration at the University of California at Riverside, spoke in favor of this agreement and transfer of land. He noted that they were committed to start construction on Phase I in April of 2003 and on Phase II in September of 2003, with an approximate 12 to 14-month construction time for the two facilities. Councilman/Member Crites said he appreciated very much all of the hard work done by City staff to bring this remarkably time-consuming and complex and difficult task to fruition. MR. WEBSTER agreed and said Justin McCarthy, Dave Yrigoyen, Jim Grayson (attorney representing the City), and Carlos Ortega had played a major role in this endeavor. He said in his responsibilities at the University, he deals with an enormous array of governmental agencies and other institutions, and Palm Desert is the most professional group he had ever met with. Mayor Pro-Tem/Vice Chairman Spiegel said he was impressed with the new Chancellor and her enthusiasm. He said that the Chancellor had committed that as soon as the first building is finished, there will be 12 faculty assigned to that building who will be living in our community and would be responsible for all of the academics that go on there. Councilman/Member Ferguson said he felt the City would be remiss if it did not give the lion's share of thanks to Chancellor Ray Orbach who a number of years ago was willing to take on the Office of the President in the U.C. system, the lobbyists in the U.C. system, work with Mr. Heckmann and Governor Gray Davis to secure the $10 million to take a chance on putting a U.C. campus with a CSU campus 60 miles from Riverside. Mayor/Chairman Benson said she felt working with Terry Green was a big asset, especially since he is a resident of the community. With no further testimony offered, Mayor/Chairman Benson declared the public hearing closed. Councilman/Member Ferguson moved to waive further reading and adopt: 1) City Council Resolution No. 02-156, approving the sale of the property by the Palm Desert Redevelopment Agency to the University of California, Riverside, for development pursuant to the Redevelopment Plan for Project area No. 2, and loan by the Agency for costs of certain public improvements; 2) Redevelopment Agency Resolution No. 458, approving the sale of property by the Agency to the University of California, Riverside, for development pursuant to the Redevelopment Plan for Project Area No. 2, and loan by the Agency for MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 12, 2002 costs of certain public improvements. Motion was seconded by Spiegel and carried by a 5-0 vote. XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None XIV. ADJOURNMENT Vice Chairman Spiegel moved to adjourn the meeting at 5:59 p.m. Motion was seconded by Kelly and carried by a 5-0 vote. ATTEST: M. BENSON, CHAIRMAN RACF-(ELLE D. KLASSEN, S�CRETARY' PALM DESERT REDEVELOPMENT AGENCY 6