HomeMy WebLinkAbout2002-03-14MINUTES
REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING
THURSDAY, MARCH 14, 2002
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER
Chairman Kelly convened the meeting at 4:04 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/City Clerk
Richard J. Folkers, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Teresa La Rocca, Director of Housing
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
IV. CONSENT CALENDAR
A. MINUTES of the Regular Meeting of the Redevelopment Agency of
February 28, 2002.
Rec: Approve as presented.
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant
Nos. 72RDA, 73RDA, 74RDA, 72-Housing, 73-Housing, and 74-Housing.
Rec: Approve as presented.
C. CITY/AGENCY PORTFOLIO MANAGEMENT SUMMARIES for the Month
Ending January 31, 2002 (Joint Consideration with the Palm Desert
City Council).
Rec: Receive and file.
D. REQUEST FOR AUTHORIZATION to Transfer Right -of -Way to the City of
Palm Desert for Public Road Purposes (Shepherd Lane/Portola Avenue).
Rec: By Minute Motion, authorize the Chairman to execute documents
transferring Right -of -Way land to the City for public road purposes.
Upon motion by Spiegel, second by Ferguson, the Consent Calendar was approved
as presented by a 5-0 vote of the Agency Board.
V. CONSENT ITEMS HELD OVER
None
VI. RESOLUTIONS
None
VII. NEW BUSINESS
None
VIII. CONTINUED BUSINESS
None
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
IX. OLD BUSINESS
Member Ferguson moved to add the following item to the Agenda for discussion.
Motion was seconded by Spiegel and carried by a 5-0 vote.
A. CONSIDERATION OF THE ENTRADA DEL PASEO PROJECT.
Ms. Aylaian stated that the during the Study Session, the current status of
this project was reviewed, with several items in particular identified for
Council direction: 1) establishment whether the schematic design drawings
for the Visitor Information Center (VIC) were appropriate; 2) where the
Chamber of Commerce should be situation on site. In particular, staff
recommended that the Council approve an 8,150 square foot VIC as it is
currently situated on the tentative parcel for the VIC, with a separate facility
for the Chamber of Commerce to be located in the as yet undeveloped
portion of the site so that it is proximate to the VIC so that users of one
would be within walking distance of the other. A suggestion was also made
to authorize staff to work with developers who would be interested in
providing a hotel and/or restaurant on the undeveloped portion of the site,
provided they left room to accommodate the Chamber of Commerce facility.
Staff also asked for authorization to continue with the design of the VIC into
the next phase, which is design/development at its currently established
construction budget of $1,470,000.
Councilman/Member Spiegel moved to, by Minute Motion, approve staffs
recommendation as outlined by Ms. Aylaian. Motion died for lack of a second.
Councilman/Member Ferguson stated that also discussed in the Study
Session was that there are three or more decisions to be made separately,
one being the configuration of the Visitors Center, two being where exactly
the Chamber goes. He said he would like to break those down one at a
time.
Councilman/Member Spiegel stated he did not think a solution had been
arrived at as far as where the Chamber would go.
Councilman/Member Ferguson stated there had been nothing in the record
so far as to where the Chamber of Commerce is going to go. He said he felt
proximity was a very loose term that does not define anything.
Councilman/Member Crites asked if it would be appropriate to begin by
moving the staff recommendation on the Visitors Center itself.
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
Mayor/Chairman Kelly said he would be reluctant to do that until he knows
where the Chamber is included.
Councilman/Member Crites moved to, by Minute Motion, accept staffs
recommendation on the Visitors Center, noting that this is with the intention of finding
space there for the Chamber. He said he would be looking at finding that space in a
building that has multiple uses. Motion was seconded by Ferguson without the author's
intention.
Councilman/Member Spiegel asked if added to that motion could be the
building of one restaurant, and Councilman/Member Crites said he felt that
should be a separate motion.
Mayor/Chairman Kelly stated his understanding was that the motion was to
approve moving ahead with the VIC, with the caveat that the Chamber will
be taken care of in the next motion and that it would be located somewhere
near the VIC.
Councilman/Member Crites said his motion was to simply get the first thing
done.
Councilman/Member Spiegel responded that without the second thing, he
was not sure he would vote for it.
Councilman/Member Ferguson stated he felt the Council's first priority was
to do a Visitors Center. The second priority has been clearly expressed over
the years, that something be done with the Chamber. The third priority has
been the private sector parties. He said he would like to take it in that order.
Mayor/Chairman Kelly called for the vote, and the motion carried by a 5-0 vote.
Councilman/Member Spiegel moved to, by Minute Motion, place the Chamber of
Commerce in proximity to the Visitors Center on the same pad of land.
Councilman/Member Ferguson asked how the word "proximity" modified the
words "same pad."
Councilman/Member Spiegel said "same pad" meant the entire 12 acres.
Mayor/Chairman Kelly said the Chamber would be placed in a position
where visitors would not have to re -park their cars to visit both facilities.
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
Councilman/Member Crites said the idea that the Council is looking for a
place where a person can have access to both.
Councilman/Member Ferguson said if that is on the front, that's great; if it's
on the third pad, that's great; if it's in conjunction with the hotel, that's great.
He said his bias would be to put the Chamber in the best place possible after
consulting with the Chamber to see where they would like to go and what the
other land uses are.
Mayor Pro-TemNice Chairman Benson said she felt spending $1.2 million
plus tenant improvements to put a building up that only represents 33% of
the businesses in the community was fiscal irresponsibility when there is a
perfectly good building on the corner of Monterey and Highway 111 that
could have a story added and that would suffice. She said if the City had
never purchased that land, the Chamber would still be on that corner. She
said it was thought it would be feasible to connect them to the building, but
in viewing the new building and looking for future space, it did not seem to
be possible. She said she felt spending that kind of money when there are
a lot of other improvements still needed within the City was not good
business. She said no one had been a bigger supporter of the Chamber
than she over the years, and she firmly believed in the Chamber and wanted
them to be in a great location and have all the modern things. However, she
felt spending a huge amount of money for someone that does not represent
even 50% of the businesses in the City was just not good business.
Councilman/Member Crites said the $1.2 million was to build a building in
which the Chamber had approximately 2,400 square feet, with the rest to be
vacant for other things. If the City ends up building a building that has 2,400
square feet used by the Chamber, and the rest is vacant, he would not think
the City had done a very good job. If the City ends up building a building in
which the Chamber has 2,400 square feet and the rest of the building is
used by other things, then the City would not end up spending that kind of
money for a Chamber building, and it would be part of a good complex that
works for everyone. He said he personally hoped that was the direction the
Council would head.
Councilman/Member Ferguson seconded Councilman/Member Spiegel's motion and
said he would worry about the Visitors Center when it comes to the Council.
Councilman/Member Ferguson stated that the issue of where the Chamber
is going has slowed up the City getting its Visitors Center started. He
agreed with Mayor Pro-Tem/Vice Chairman Benson and said while stating
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
a desire to have the Chamber on the property, he would not vote for any
outrageous sum of money. If it is commensurate with the remodel of the
corner of Monterey and Highway 111, and it can be done in conjunction with
other uses in the community that are non -profits and serve a similar function
(like the Historical Society or other types of elements), he would vote for it.
If not, he would not vote for it.
Mayor/Chairman Kelly said when he votes, his interpretation was that the
City would also move ahead with the location of the Chamber. He did not
feel the Chamber had held anything up; what held it up was consideration
of the Convention and Visitors Bureau.
Councilman/Member Ferguson said he was only clarifying and was not
blaming the Chamber at all. If anything, he felt the Chamber had not had
enough input into this process, and that would be amended going forward.
He said it had been the issue of where the Chamber goes.
Upon question by Councilman/Member Spiegel as to how long before staff
could come back with a recommendation on the location for the Chamber on
the site, Ms. Aylaian responded that there were two options: 1) work with the
master architect to identify a place, and that could probably be done within
six weeks; 2) do it in concert with a developer and have the developer help
identify the location, and that would be a longer process, perhaps six months
or so.
Councilman/Member asked if staff could come back with a realistic figure for
the Chamber building.
Ms. Aylaian stated she would need clarification as to what other groups the
Council envisioned including in that building so they would know how to size
it.
Mayor Pro-TemNice Chairman Benson said she thought in the Study
Session that Ms. Aylaian indicated there were spaces in the Visitors Center
building for the Historical Society and other things, so they would not be
included in this building.
Councilman/Member Crites said if there is now interest in restaurants, we
should try to figure out how one roof can serve more than one function. As
the Mayor said, there are restaurants in the lobbies of five-star hotels that do
not appear to run the guests out the door. He said he felt that could surely
be figured out.
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
Ms. Aylaian agreed and said involving any private developer, like a
restaurant, would be what would take longer to get back to Council with a
concrete recommendation because they had not identified another developer
at this point.
Councilman/Member Ferguson suggested that the committee that was
charged with planning this be asked to come up with recommendations and
report back to the Council with those recommendations on where the
Chamber should go. Then the Council could decide once and for all, with
the understanding that the desire is to have it on the parcel and in close
proximity to the Visitors Center.
Mayor Pro-TemNice Chairman Benson said she would agree with that,
except every time we come up with a recommendation, it has been turned
down. She said she would just as soon have the entire Council involved in
picking the site this time.
Councilman/Member Ferguson disagreed. He said it was not his desire to
be in the minority yet again. He said he felt he heard the direction the
Council wants to take, and he would like to take a crack at implementing that
in a way he thinks makes the most sense.
Mayor/Chairman Kelly called for the vote, and the motion carried by a 5-0 vote.
With regard to the third item, the restaurant pad, the Council/Agency Board
said this was something that needed to be discussed in Closed Session.
Ms. Aylaian said at this point no action would be required for the restaurant
pad. She said the tentative parcel map had already been approved, and
staff was negotiating with the developer and would be coming back to the
Council with the DDA.
As clarification, the following actions were taken by the Council/Agency Board as
stated above: 1) By Minute Motion, authorized continuance of the design and
development of the Visitor Information Center, as proposed, at its currently established
construction budget of $1,470,000 — carried by a 5-0 vote; 2) by Minute Motion,
authorized placement of the Palm Desert Chamber of Commerce at a suitable location on
the subject 12-acre site, within walking distance of the new Visitor Information Center,
further directing that said location be identified by having the Entrada Del Paseo
Committee work with Chamber representatives and return to the Council with
recommendation for same — carried by a 5-0 vote.
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
X. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF THE CONVEYANCE OFA
SINGLE-FAMILY LOT TO HABITAT FOR HUMANITY OF THE COACHELLA
VALLEY, INC., AND APPROVAL OF A DISPOSITION AND DEVELOPMENT
AGREEMENT RELATED THERETO (JOINT CONSIDERATION WITH THE
PALM DESERT CITY COUNCIL).
Director of Housing Teresa LaRocca reviewed the staff report and offered
to answer any questions.
Mayor/Chairman Kelly declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this request. With no testimony offered, he
declared the public hearing closed.
Mayor Pro-TemNice Chairman Benson moved to: 1) Waive further reading and
adopt City Council Resolution No. 02-26, approving the conveyance of certain real
property located on Virginia Avenue and known as APN 637-362-002 to Habitat for
Humanity of the Coachella Valley, Inc., for the purpose of constructing a single-family
dwelling to be made available to a family of lower income; 2) waive further reading and
adopt Redevelopment Agency Resolution No. 437, approving the conveyance of certain
real property located on Virginia Avenue and known as APN 637-362-002 to Habitat for
Humanity of the Coachella Valley, Inc., for the purpose of constructing a single-family
dwelling to be made available to a family of lower income and approving a Disposition and
Development Agreement and Declaration of Conditions, Covenants, and Restrictions;
3) by Minute Motion, authorize the Executive Director or his designee to execute all
necessary documents. Motion was seconded by Spiegel and carried by a 5-0 vote.
B. CONSIDERATION OF THE SALE OF APN 627-171-001 LOCATED AT THE
SOUTHEAST CORNER OF SAN PASCUAL AVENUE AND DE ANZA WAY
AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE
PALM DESERT CITY COUNCIL).
Director of Housing Teresa LaRocca reviewed the staff report and offered
to answer any questions.
Councilman/Member Ferguson asked whether either of the two homes to be
built by the developer if he is successful in splitting the lot would contribute
toward the City's low and moderate income housing.
Ms. LaRocca said they would not. She said this land would be sold at
market value and would not contribute to our housing program at all.
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
Mayor Pro-TemNice Chairman Benson questioned how a developer will be
able to split the lot into two if the City could not do so. Ms. LaRocca said she
did not know whether the developer could do this; however, he felt he could
be more successful at doing this than he City was. Staff advised him that the
City had attempted to split the lot and that there had been concern from the
neighborhood, but the developer was interested in trying to do it anyway.
Councilman/Member Ferguson suggested that the lot, instead of being sold,
be made into a neighborhood park or that it be kept as open space.
Councilman/Member Crites agreed, as did Mayor/Chairman Kelly who felt it
could also be kept for Habitat for Humanity down the road.
Mayor/Chairman Kelly declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this matter. With no testimony offered, he
declared the public hearing closed.
Councilman/Member Spiegel noted that the City was already in the process
of putting in a park directly across the street from this lot. He said the City
had agreed to buy the property across the street, which was considerably
larger, and the design would include a tot lot, basketball courts, etc.
Councilman/Member Ferguson moved to deny the request for sale of the lot.
Motion was seconded by Crites and carried by a 5-0 vote.
XI. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION
A. EXECUTIVE DIRECTOR
None
B. AGENCY COUNSEL
1) Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government
Code Section 54956.8:
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
1) Property: APN 653-360-010/011/012
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert
Redevelopment Agency
Property Owner: Palm Desert Redevelopment Agency
Under Negotiation: x Price x Terms of Payment
2) Property: Located north of Frank Sinatra Drive, between
Portola Avenue and Cook Street, Palm Desert
(APNs 653-400-030/032/033/034)
Negotiating Parties:
Agency: Carlos L. Ortega/Palm Desert
Redevelopment Agency
Property Owner: American Realty Trust
Under Negotiation: x Price x Terms of Payment
NOTE: THE FOLLOWING TWO ITEMS OF PROPERTY NEGOTIATION WERE LISTED
ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING.
3) Property: APNs 637-190-006; 637-190-007
Country Club Estates - 77-107 California Drive
Negotiating Parties:
Agency: Justin McCarthy/Teresa La Rocca
Palm Desert Redevelopment Agency
Property Owner: Al Fenstermacher
Under Negotiation: x Price x Terms of Payment
4) Property: Land located in Section 4 - Desert Willow
Negotiating Parties:
Agency: Carlos L. Ortega/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
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PALM DESERT REDEVELOPMENT AGENCY MEETING MARCH 14, 2002
Conference with Legal Counsel regarding significant exposure to
litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases: 1
2) Report and Action from Closed Session at This Meeting.
See announcement made at adjournment.
C. CHAIRMAN AND MEMBERS OF THE AGENCY
None
XII. ORAL COMMUNICATIONS
None
III. ADJOURNMENT
With Agency Board concurrence, Chairman Kelly adjourned the meeting to Closed
Session at 5:47 p.m. He reconvened the meeting at 8:14 p.m. and immediately adjourned
.— after the following announcement from Closed Session:
The Settlement Agreement between the State of California and
the Palm Desert Redevelopment Agency was approved on a
5-0 vote of the Agency Board.
RI FIARD S. KELLY, CKAIRMAN
ATTEST:
SHEILA R. GIL IGA , SECRETARY
PALM DESERT RE E ELOPMENT AGENCY