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HomeMy WebLinkAbout2005-12-08MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, DECEMBER 8, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Crites convened the meeting at 3:01 p.m. 11. ROLL CALL Present: Member Jean M. Benson Vice Chairman Jim Ferguson Member Richard S. Kelly Member Robert A. Spiegel (arrived at 3:17 p.m.) Chairman Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Stephen Deitsch, Assistant City Attomey Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Mark Greenwood, City Engineer/Acting Director of Public Works Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, Director of Redevelopment & Housing Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk 11I. ORAL COMMUNICATIONS - A (Closed Session Items) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 8, 2005 Conference with Real Property Negotiator pursuant to Govemment Code Section 54956.8: 1) Property: APN 627-192-043 Negotiating Parties: Agency: Justin McCarthy/Dave Yrigoyen/ Palm Desert Redevelopment Agency Property Owner: Joyce Cohn Under Negotiation: x Price x Terms of Payment 2) Property: NWC Monterey Avenue/Highway 111 Negotiating Parties: Agency: Justin McCarthy/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment 3) Property: 44-870 San Antonio Circle (APN 627-071-015) Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/ Palm Desert Redevelopment Agency Property Owner: Philip C. Witte Under Negotiation: x Price x Terms of Payment 4) Property: APN 640-370-012 Negotiating Parties: Agency: Justin McCarthy/Ruth Ann Moore/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Susan Harvey/ Palm Desert Chamber of Commerce Under Negotiation: x Price x Terms of Payment With Agency Board concurrence, Chairman Crites adjoumed the Meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA- Vice Chairman Jim Ferguson VII. INVOCATION - Member Robert A. Spiegel 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 8, 2005 VIII. ORAL COMMUNICATIONS - B MR. ROBERT SMITH, resident of Rancho Mirage, came to express his continuing concern over the noise coming from South Beach Nightclub. After being awakened by it twice in the last two weeks, he telephoned the police on both occasions. He wanted to know what is being done about this issue, noting that he'd sent each Councilmember an e-mail with photos of the club showing the open-air patio, which he believes to be the source of a majority of the noise that regularly disrupts his family's sleep. He said the door leading to the patio remains open throughout most of the night as club patrons move back and forth until closing time at 2:00 a.m., resulting in music from inside the club emanating throughout the surrounding neighborhood. Further, he was also awakened by the loud sounds coming from club patrons partying on the patio. At the minimum, he felt the outside patio should be closed, and the door there should be used as an emergency exit only. He urged the City Council to take action. MR. ERNIE FARACI, resident of Rancho Mirage, commented that he had some observations after driving by Southbeach Nightclub late on Saturday night: 1) A bouncer escorting a young lady to her illegally parked car; 2) graffiti on the Rancho Mirage Wall; 3) in addition to the issues of noise, increased burned rubber street marks and evidence of unsafe vehicular movement at Joshua and Rancho Road. He felt the situation was similar to a cancer as it attracts an undesirable element to the neighborhood; it needed eradication and a radical evasive action. He was expecting a faster remedy than seemed to be forthcoming and pressed the City Council to hit it head-on. MR. TED LEMEROND, resident of Barbara Drive, Rancho Mirage, said he came to make two points on the issue of noise and nuisance from the South Beach Restaurant and Nightclub. He said the owners of South Beach are the same ones as were there with The Jetty previously. Because there were no noise issues before, he thought what had changed is the amplification system and increased patronage at South Beach. He asked if there were set hours for South Beach's operation — if it was 12:00 a.m. or 2:00 a.m. Agency Board Members/City Councilmembers confirmed it was 2:00 a.m. MR. RANDY CASE, 77-200 California Drive, Palm Desert, and one of the partners at Palm Desert Country Club provided an update on the progress of the renovation project there. He presented Agency Board Members/City Councilmembers with a hand-out, illustrating the project to date with photographs. He said highlights included that the 18-hole championship golf course was nearly completed and would open on February 1; the 9-hole executive course would be completed shortly thereafter, with an anticipated May 2006 opening; clubhouse and maintenance facility also expected to be done around May 2006, with clubhouse opening in June; grading completed for the 95 lots with D. R. Horton to begin residential home construction in March 2006. He pointed out that his group was also working hard 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 8, 2005 to uphold the Maintenance Agreement, which was an important condition of the project's approval. Responding to question, he said this report would be put on their website, and they would also incorporate it into the monthly newsletter to the homeowners association to keep everyone updated. MS. JAN GARRARD, representing Palm Desert Presbyterian Preschool & Kindergarten, said they had brought forward a grant application (Child Care Mitigation Fees), which was first considered by the City Council in July and several times since. She noticed that it wasn't on today's agenda and wondered when it would be considered. Member/Councilmember Benson responded that she had called the City Manager on Monday and understood he would add it to tonight's agenda as an emergency item. After six months' time, she felt a decision needed to be made. Mr. Ortega noted that the City Attorney has already provided his opinion on this item, and he recommended waiting until Mr. Erwin was again present at the next meeting. With Agency Board/City Council concurrence, it was agreed to place this item on the next City Council Meeting agenda. Vice Chairman/Mayor Pro Tem Ferguson further asked the City Manager if he could have someone from the firm of Richards, Watson & Gershon independently look at this matter and provide their opinion on it as well. Mr. Ortega agreed. MR. DAVID DOMNIK resident of Sun Terrace, Palm Desert, came to thank the City Council and staff for finishing up the landscaping on Hovley Lane. He said the section across from Toscana looked very good. The only drawback is a small section on Hovley, east of Carlotta about 300 feet — part of the exterior wall to the Sandcastles project, which was built before it became part of the City. He said there was no homeowners association there; but over the years, homeowners from his development and other people have chipped in to landscape the area. However, it often dies when the water is shut off there periodically. He asked if there was anything the City could do, like making it part of a landscape and lighting district. He believed they'd gladly pay a couple of bucks a month, since it's a real eyesore and the only section left on Hovley that is not in good shape. Additionally, he commended City Risk Manager Gary Rosenblum forthe presentation on disaster preparedness he recently provided for the Sun Terrace Homeowners Association. He encouraged other residents to avail themselves of this resource as well. Lastly, he noted that he was here with a group of Boy Scouts working towards a communication badge. Chairman/Mayor Crites asked Mr. Domnik provide his mailing information to the City Clerk and asked that staff have a report on what the City can do in that area for the January meeting, with a copy of it also to be forwarded to Mr. Domnik. 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 8, 2005 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT/ PALM DESERT REDEVELOPMENT AGENCY EMPLOYEES FOR EXCEPTIONAL SERVICE — DECEMBER 2005. On behalf of the Agency Board/City Council, Chairman/Mayor Crites and Mr. Ortega honored the following employees for outstanding performance with a certificate of recognition: Phil Joy, Patricia Leon, Hart Ponder, Mike Adkins, Pedro Rodriguez and Johnny Terfehr. B. APPOINTMENT TO THE CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. With Agency Board concurrence, this matter was held until consideration of the remaining City Committee and Commission appointments was taken up just prior to adjournment of the City Council Meeting. Upon a motion by Vice Chairman Kelly, second by Member Spiegel, and 5-0 vote of the Agency Board, Susan McMillen was appointed to the Citizens' Advisory Committee for Project Area No. 4 to fill the seat formerly held by Rick Post (term 1/1/06-12/31/09). X. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meetings of November 10, and November 24, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 102RDA, 106RDA, 112RDA, 116RDA, 103-Housing, 107-Housing, 108-Housing, 113-Housing, 117-Housing, 104HA, 114HA, and 118HA. Rec: Approve as presented. C. CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA #4 Minutes for the Meeting of September 19, 2005. Rec: Receive and file. Upon a motion by Kelly, second by Spiegel, and 5-0 vote of the Agency Board, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 8, 2005 XII. RESOLUTIONS None XIII. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO ACQUIRE PROPERTY KNOWN AS 43-795 KELSEY COURT (APN 634-241-032-7), PALM DESERT (DESERT ROSE). Vice Chairman Ferguson moved to, by Minute Motion: 1) Authorize acquisition of the subject property for the purpose of retaining affordability covenants and resale, if necessary, in anticipation of the expiration of the 60-day Right of Refusal period; 2) approve a Silent Second Trust Deed in an amount necessary to secure an affordable housing cost pursuant to Redevelopment Law for either a direct sale or Agency sale; 3) authorize the Executive Director to execute any documents necessary to facilitate this transaction — funds are available in the Housing Set -aside Fund. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR RATIFICATION OF CONTRACT AWARD AND APPROVAL OF ADDITIONAL PROJECT MANAGEMENT SERVICES FOR THE 20-ACRE SITE (FALCON CREST AND LA ROCCA VILLAS). Mr. Ortega said staff requested that this item not be considered at this time and suggested a continuance to the first meeting in January. Member Spiegel moved to continue this matter to the meeting of January 12, 2006. Motion was seconded by Kelly and carried by 5-0 vote. C. REQUEST FOR AUTHORIZATION TO NEGOTIATE WITH A QUALIFIED GENERAL CONTRACTOR TO PROVIDE A PROPOSAL FOR THE EXTERIOR RENOVATIONS - PHASE A - AT CALIFORNIA VILLAS (CONTRACT NO. R24630). Member Spiegel moved to, by Minute Motion: 1) Authorize staff to negotiate with the most qualified general contractor (selected from the list of contractors who picked up the bid package) for exterior renovations at California Villas; 2) in the event that staff is unsuccessful with the most qualified contractor, allow staff to negotiate, if necessary, with the second and third qualified contractors, with resulting recommendation to be returned to the Agency Board at a future meeting. Motion was seconded by Kelly and carried by 5-0 vote. XIV. CONTINUED BUSINESS None 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING DECEMBER 8, 2005 XV. OLD BUSINESS None XVI. PUBLIC HEARINGS None XVII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None Note: At the Regular City Council Meeting of this date, the annual rotation of Mayor and Chairman of the Redevelopment Agency took place, with Mayor Pro TemNice Chairman Ferguson being appointed to serve as Mayor/Chairman for the coming year and Member/Councilman Kelly being appointed to serve as Mayor Pro TemNice Chairman. XVIII. ADJOURNMENT With Agency Board concurrence, Chairman Ferguson adjourned the meeting at 7:14 p.m. ATTEST: J RA HELLS U. KLASS , SECRETARY' PALM DESERT REDEVELOPMENT AGENCY M'ER N, CHAIRMAN 7