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HomeMy WebLinkAbout2005-10-27MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, OCTOBER 27, 2005 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Crites convened the meeting at 3:02 p.m. II. ROLL CALL Present: Member Jean M. Benson Vice Chairman Jim Ferguson Member Richard S. Kelly Member Robert A. Spiegel Chairman Buford A. Crites 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer 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 III. ORAL COMMUNICATIONS - A (Closed Session Items) None MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 27, 2005 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 640-370-012 Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Vince and Connie Cultraro Under Negotiation: x Price x Terms of Payment On a motion by Spiegel, second by Ferguson, and 5-0 vote of the Agency Board, Chairman Crites adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:03 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 - Chairman Buford A. Crites VII. INVOCATION - Member Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. TOM McCUTCHEN, 24 Via Cielo Azul, Palm Desert, addressed the Agency Board/City Council to express his continued dissatisfaction with the lack of progress made on the demolition of the duplex units known as La Paz Villas on Deep Canyon Road. He stated that the structures have been left in a blighted condition since July. He felt it continued to be a serious safety concern, both visually and for the welfare of the neighboring residents and children. He believed that he was being given the run around from the City and that Sacred Heart Church was being given preferential treatment. He implored officials to remedy this situation now. 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 27, 2005 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE SUSAN STAUBER FOR HER CONTRIBUTION TO THE CITY OF PALM DESERT AND ITS EL PASEO BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS. Ms. Stauber was unable to be present for this presentation. B. PRESENTATION TO RECOGNIZE BRIANA KIRKWOOD FOR HER CONTRIBUTION TO THE CITY OF PALM DESERT AND ITS SISTER CITIES COMMITTEE. Ms. Kirkwood was unable to be present for this presentation. C. PRESENTATION OF ANNUAL "MINI -MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. On behalf of the Agency Board/City Council, Chairman/Mayor Crites expressed the City's appreciation to all of the organizations that make the Mini -Muster possible and successful each of the last 13 years —Historical Society of Palm Desert, Palm Desert Firefighters, and Desert Sands Unified School District. He then presented framed certificates to each of the following third graders in recognition of their artwork depiction of the 2005 Mini -Muster: Blanca A. Munoz - Gerald Ford Elementary School; Kylie Gary - Washington Charter Elementary School; Chase Werry - James Carter Elementary School; and Stephanie Olivas - Abraham Lincoln Elementary School. Chairman/Mayor Crites also thanked Mr. and Mrs. John Marman for their coordination of this year's event. Mr and Mrs. Marman then presented certificates of appreciation to principals of each elementary school, Desert Sands Unified School District, Palm Desert Firefighters, and to City officials, all in recognition of their support of this annual program. D. PRESENTATION OF PROCLAMATION, RECOGNIZING NEWLYWEDS NOE & MONICA LERMA — WED DURING THE AUGUST 2005 SISTER CITIES TRIP TO IXTAPA-ZIHUATANEJO. On behalf of the Agency Board/City Council, Chairman/Mayor Crites presented a framed proclamation to Mr. and Mrs. Lerma, who became engaged on the 2004 Sister Cities Trip to Ixtapa-Zihuatanejo and were married there this year on the beach, in spite of a few near setbacks with issues of luggage, ground transportation, and the weather. Additionally, he noted that it was also a working trip for Mr. Lerma, a Riverside County Firefighter, who was providing training to lxtapa-Zihuatanejo firefighters. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 27, 2005 E. PRESENTATION ON PALM DESERT MIDDLE SCHOOL'S 7' GRADE AWARD -WINNING SCIENCE PROJECTS. MS. KARON WYLIE, Palm Desert Middle School 7th Grade Teacher made a slide show presentation on behalf of the 7th Grade teachers, Mr. Pope, Mrs. Hahn, and herself, about a project undertaken by their students last year. She outlined the comprehensive nature of the assignment, which asked students to address the issue of how they would make Palm Desert an even more desirable place to live. She noted that they'd worked closely with the Historical Society of Palm Desert to research the City's progress. She introduced her student Raine Armstrong, whose project for a new family park along the wash near Desert Crossing Shopping Center, was judged to be the best in the class. She provided a bound copy of his project and asked the Agency Board/City Council to give it consideration and to all the proposals that were presented, as she believed they were quite good. Chairman/Mayor Crites stated that he was thoroughly impressed with the presentation and particularly Mr. Armstrong's submittal, which he would present to the City's Landscape Beautification Committee at its next meeting. He assured Ms. Wylie and Mr. Armstrong that the students' outstanding efforts and proposals would be forwarded to the appropriate venue in the City's organizational structure for consideration and resulting recommendation on the potential for carrying them out. He hoped that Mr. Armstrong and the other students would be able to participate with the City as it studies the proposals and asked the City Manager to extend those invitations. X. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meeting of October 13, 2005. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 77RDA, 81RDA, 83RDA, 85RDA, 88RDA, 90RDA, 78-Housing, 82-Housing, 86-Housing, 88-Housing, and 91-Housing. Rec: Approve as presented. 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 27, 2005 C. REQUEST FOR DETERMINATION that Planning and Administrative Costs Incurred During Fiscal Year 2004/05 Necessary for Low and Moderate Income Housing. Rec: By Minute Motion, determine that planning and administrative expenses incurred for FY 2004/05 were necessary for the production, improvement, and/or preservation of low and moderate income housing. D. INTERIM SPECIAL AUDIT of the Affordable Files at the Palm Desert Housing Authority Properties. 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. Xl. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None XIII. NEW BUSINESS A. REQUEST FOR ADOPTION OF RESOLUTIONS AUTHORIZING THE FUNDING FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF COUNTRY CLUB DRIVE AND VIA SCENA/SHOPPING CENTER DRIVEWAY (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Ortega called attention to the new report that was distributed for this item, which includes a different amount of participation from the Agency/City. Economic Development Manager Ruth Ann Moore said the change to the report had to do with the funding and the amounts of the funding; with an appropriation of $187,500 being requested from the City and $62,500 from the Redevelopment Agency. In answer to question, she said the distance between the signal at Country Club Drive/Monterey Avenue and the proposed new signal was 900 feet, and the distance from the new signal to the next one at Suncrest Country Club was 1,200 feet, which meant there would be three traffic signals within a span of 2,100 linear feet. 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 27, 2005 Mr. Greenwood noted that after researching the matter, he transmitted a supplemental memo to Ms. Moore's staff report. He said it had always generally been assumed that there would be a signal at this intersection. Even before the Merano residential project was proposed, staff performed a study of three intersections along Country Club Drive in 1992 (i.e., the subject intersection, Suncrest/San Tropez, and Palm Desert Greens), which indicated that the signal at the shopping center driveway met the warrants and was recommended for signalization at that time. He went on to say that when the Merano project was approved, money for signalization of that intersection was included in the assessment district, further memorializing the intent for a signal at this location. Therefore, he stated that staff recommended approval. Member/Councilman Spiegel said he would approve the item; in addition to the signal always being planned for this location, it was one of the conditions necessary to secure Bristol Farms for the former Albertsons building at the subject center. Without them, he feared the center would die, and that would be very detrimental to the City. Member/Councilman Spiegel moved to: 1) Waive further reading and adopt City Council Resolution No. 05-90, authorizing a Public Improvements Funding Agreement (Contract No. C24440) between the City of Palm Desert, the Palm Desert Redevelopment Agency, and SKB-PDM Investments, LLC (SKB), for a traffic signal at the intersection of Country Club Drive and Via Scena/Shopping Center Driveway; 2) by Minute Motion, appropriate $187,500 from Merano Assessment District Account No. 464-4350-433-4001 for costs associated with the traffic signal improvements; 3) by Minute Motion, appropriate $125,000 from Traffic Signal Account No. 234-4675-433-4001 for costs associated with the traffic signal improvements funded by SKB's contribution; 4) by Minute Motion, authorize the City Manager to execute all documents that may be necessary to facilitate the application or award; 5) waive further reading and adopt Redevelopment Agency Resolution No. 509, authorizing a Public Improvements Funding Agreement (Contract No. C24440) between the City of Palm Desert, Palm Desert Redevelopment Agency, and SKB-PDM Investments, LLC, for a traffic signal at the intersection of Country Club Drive and Via Scena/Shopping Center Driveway; 6) by Minute Motion, appropriate $62,500 from Project Area No. 2 Unobligated Funds Account No. 851-4675-433-4001 for costs associated with the traffic signal improvements; 7) by Minute Motion, authorize the Executive Director to execute all documents that may be necessary to facilitate the application or award. Motion was seconded by Kelly and carried by a vote of 5-0. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 27, 2005 XIV. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF SECOND AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT WITH AMERICAN INVESTMENT PALMS TO PINES EAST LLC (CONTRACT NO. R19820A) (Continued from the meeting of September 8, 2005). Mr. Ortega noted the staff report for this item, adding that this project was a long time in the making. He said even though there has been an extension of time and additional monies requested of the Agency, there is a contract to be executed in order to guarantee the work will be done. Additionally, he said one of the conditions was that the developer will spend his money first before the Agency does. Senior Management Analyst Catherine Walker offered that the developer was also in attendance to answer any questions. Member Spiegel said he felt that the Agency was between a rock and a hard place here —it was going to require a lot of money to redevelop an area that needed it, which included the new Staples Building there, etc. He went on to say the center was about two-thirds of the way done, but there was much yet to do, like the parking lot. He felt it would be important to get the center finished. Member Spiegel moved to, by Minute Motion: 1) Approve the subject Second Amendment for improvements to the property pursuant to the Owner Participation Agreement between the Redevelopment Agency and American Investment Palms to Pines East LLC; 2) authorize the Chairman to execute same; 3) approve the appropriation of the additional $732,820 of funds from the Redevelopment Agency's Unobligated Project Funds for this purpose. Motion was seconded by Kelly. Chairman Crites commented that as was discussed the last time this was considered, there was a significant amount of unhappiness expressed by the Agency Board due to the lack of overall progress to date. He asked how staff was sure that it would come to pass this time. Ms. Walker responded that the Redevelopment Agency had taken every measure it possibly could, working with Agency Counsel to tighten up the agreement to provide that the developer's money would be put up first. She added that staff would closely monitor the project and its progress and provide assistance as necessary. She said if the developer did not perform, Code Compliance has already moved forward and made preparations on its own accord in anticipation of the potential need to correct any code violations immediately. 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 27, 2005 Chairman Crites called for the vote, and the motion carried 5-0. He expressed appreciation to staff for providing more information and additional assurance for the project. XV. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 8 AND ACCEPTANCE OF WORK FOR CONTRACT NO. R19540A — CONSTRUCTION OF THE NEW VISITOR INFORMATION CENTER AT ENTRADA DEL PASEO (WDL Construction, Palm Desert, CA). Member Kelly moved to, by Minute Motion: 1) Approve final Change Order No. 8 in the amount of $71,381.81 to the subject contract for adding fire lane signage, increasing the quantity and nature of hardscape and landscape around the building, and increasing the contract duration by 25 days — funds are available in Account No. 850-4358-433-4001; 2) accept the work as complete upon staff confirmation that all punchlist work has been completed and authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Spiegel. In answer to Chairman Crites' question whether or not it had been made clear to both the architect and all contractors that there would be no further approvals for any changes, Redevelopment Manager Lauri Aylaian said it had been. Chairman Crites called for the vote, and the motion carried 5-0. XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE ADVANCE OF MONIES TO THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, FOR COST OF CERTAIN PUBLIC IMPROVEMENTS TO BE CONSTRUCTED IN PROJECT AREA NO. 2 (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Ortega commented that this matter represented formal approval of the funding request granted by the Agency Board/City Council back in July. Mr. Yrigoyen stated that the subject matter was a public hearing pursuant to Section 33445 of the Health and Safety Code for purposes of conveying the $4.5 million to California State University (CSU). He said the CSU Board will have to hold a similar public hearing pursuant to the same section of the Health and Safety Code in order to complete the process. He went on to say the agreement dealt with the conveyance and with the naming rights that the Agency Board/City Council had asked for. He offered that although it is not being considered with this request, but will be at a later time, staff will be working closely with CSU officials on the matter of full-time equivalent 8 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 27, 2005 student numbers that will ultimately establish this campus as California State University, Palm Desert, along with the resulting time lines for construction. Chairman/Mayor Crites declared the public hearing open and invited public testimony for this matter. With no public testimony offered, he declared the public hearing closed. Member/Councilman Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 05-91, approving the advance of monies to the Foundation for California State University, San Bernardino, for cost of certain public improvements to be constructed in Project Area No. 2; 2) Redevelopment Agency Resolution No. 510, approving the advance of monies to the Foundation for California State University, San Bernardino, for cost of certain public improvements to be constructed in Project Area No. 2. Motion was seconded by Ferguson and carried by a 5-0 vote. Chairman/Mayor Crites recognized both President Kamig and Vice President DeMauro of California State University, San Bernardino, who were in attendance this afternoon, and he thanked the California State University System for being a part of education in the Coachella Valley. DR. ALBERT KARNIG, President of California State University, San Bernardino, conveyed thanks on behalf of both the University and the community. With regard to the Palm Desert Campus, he remarked that the City of Palm Desert has been both the alpha and the omega from the very beginning —with the land, the improvements, now with the third building, which will be essential to health care and nursing for the area, and completing the initial campus. B. REQUEST FOR APPROVAL OF THE CONVEYANCE OF A SINGLE- FAMILY HOME TO RANCHO HOUSING ALLIANCE AND FOR A DISPOSITION AND DEVELOPMENT AGREEMENT RELATING THERETO (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Ms. Aylaian stated that the subject public hearing was being held because the Redevelopment Agency owns a blighted, deteriorating, single-family home on San Marino Circle that it would like to sell to Rancho Housing Alliance, a non-profit agency in the Coachella Valley. In turn, she said Rancho Housing Alliance will renovate and upgrade the facility and will qualify and put a family of low or moderate income into it. She said Rancho Housing will also attach restrictions to the deed so that it will remain an affordable home in the community for 45 years. Chairman/Mayor Crites declared the public hearing open and invited public testimony for the matter. With no public testimony offered, he declared the public hearing closed. 9 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING OCTOBER 27, 2005 Member/Councilman Spiegel moved to:1) Waive further reading and adopt City Council Resolution No. 05-92, approving a Disposition and Development Agreement between the Palm Desert Redevelopment Agency and the Rancho Housing Alliance, Coachella, California, concerning property owned by the Agency in the City of Palm Desert located at 74-047 San Marino Circle; 2) waive further reading and adopt Redevelopment Agency Resolution No. 511, approving the conveyance of certain real property located at 74-047 San Marino Circle to Rancho Housing Alliance, Coachella, California, for the purpose of rehabilitating the deteriorated single-family dwelling to be made available to a family of lower income; 3) by Minute Motion, approve a Disposition and Development Agreement and Declaration of Conditions, Covenants and Restrictions; 4) by Minute Motion, authorize the Executive Director or his designee to execute all necessary documents. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Ferguson ABSTAINING. 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 XVIII. ADJOURNMENT With Agency Board concurrence, Chairman Crites adjourned the meeting at 7:00 p.m. ATTEST: 7 .fr-DP RA HELLE D. KLASSEN, SECRETARY' PALM DESERT REDEVELOPMENT AGENCY BUFOI A. CiRITES, CHAIRMAN 10