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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. MINUTES 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 2 MINUTES 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. 3 MINUTES 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. 4 MINUTES 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 5 MINUTES 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. 6 MINUTES 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. 7 MINUTES 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. 8 MINUTES 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: 9 MINUTES 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 10 MINUTES 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