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HomeMy WebLinkAbout2006-06-08MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, JUNE 8, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Ferguson convened the meeting at 3:04 p.m. II. ROLL CALL Present: Member Jean M. Benson Member Buford A. Crites arrived at 3:06 p.m. Vice Chairman Richard S. Kelly Member Robert A. Spiegel Chairman Jim Ferguson 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 Amir Hamidzadeh, Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Mark D. Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Patrick Conlon, Director of the Office of Energy Management Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriff's Dept. David Avila, Fire Marshal, Palm Desert Fire/Riverside Co. Fire Dept./CDF Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 8, 2006 Conference with Real Property negotiator pursuant to Government Code Section 54956.8: 1) Property: 74000-74002 Shadow Mountain Drive (APNs 625-132-032 and 625-132-046) Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/ Palm Desert Redevelopment Agency Property Owner: Richard R. Oliphant & Associates Under Negotiation: x Price x Terms of Payment Upon motion by Spiegel, second by Benson, and 4-0 vote of the City Council/Agency Board, with Crites ABSENT, Property Negotiation Item No. 2 was added to the agenda for Closed Session. 2) Property: APN 620-400-024 Negotiating Parties: Agency: Justin McCarthy/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: City of Palm Desert Other Parties: Jorge Boone, WC Rancho Mirage, Inc. Jim Gibbons, Resort Ventures, L.P. Under Negotiation: x Price x Terms of Payment Upon motion by Spiegel, second by Ferguson, and 4-0 vote of the Agency Board, with Crites ABSENT, Chairman Ferguson adjoumed the meeting to Closed Session at 3:05 p.m. He reconvened the meeting at 4:02 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Erwin reported that the Agency Board had authorized and executed an Exclusive Negotiating Agreement with Triyar Hospitality regarding parcels adjacent to the Desert Willow Golf Resort (APNs 620-400-025; 620-400-003; 620-420-010) (Contract No. R25390). VI. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - Vice Chairman Richard S. Kelly VII. INVOCATION - Member Robert A. Spiegel 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 8, 2006 VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE PALM DESERT POLICE DEPARTMENT/RIVERSIDE COUNTY SHERIFF'S DEPARTMENT PERSONNEL FOR OUTSTANDING EFFORTS. Chairman/Mayor Ferguson asked the City's Chief of Police, Capt. Craig Kilday, and Assistant Chief of Police, Lt. Steve Thetford, to join him at the podium to recognize officers serving the City of Palm Desert. He went on to say that in the month of May, two significant burglaries occurred on El Paseo, and a large amount of property was stolen. He said when asked, he commented that the City Council would address the problem and take care of it, and that the Police Department would find the people and the property. Subsequently last week, the officers recovered over $4 million worth of property and over $115,000 in cash, and the City wished to recognize them for their good work. Lt. Thetford expressed appreciation to the Mayor and City Council, the City Manager, Assistant City Managers, and executive staff for taking time to recognize the officers. He recounted the specific details of the Estate Jewelers robbery, noting that the enforcement team that went to work on the case had all the subjects identified within 12 hours, and two of them were in custody within 24 hours. He remarked that it was one of the biggest jewelry recoveries in Southern Califomia, if not the State. Nine search warrants were served in the case, during a 36-hour investigation in Los Angeles and four days of serving the warrants; and the case is still under investigation. He introduced all members of the investigative team. Chairman/Mayor Ferguson presented each of the officers with a $100 gift card from the City of Palm Desert in appreciation for their service. He also presented Capt. Kilday and Lt. Thetford with an engraved plaque for the Palm Desert Sheriffs Substation, recognizing all the officers involved with the case and case number, in further appreciation by the City for all the hard work and efforts extended resulting in a successful outcome. With Agency Board concurrence, Chairman Ferguson suspended the agenda at this point in order to take up City Council Section XIII - Public Hearing Items I and J. Please see those Minutes for subsequent action. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 8, 2006 X. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meeting of May 25, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 231 RDA, 235RDA, 24ORDA, 232-Housing, 236-Housing, 241-Housing, 233HA, 237HA, and 242HA. Rec: Receive and file. C. REQUEST FOR APPROVAL of Amendment No. 4 to Contract No. R22730 for Civil Engineering Services for Falcon Crest and the La Rocca Villas. Rec: By Minute Motion: 1) Approve Contract Amendment No. 4 to the subject contract with MSA Consulting, Rancho Mirage, Califomia, for reimbursables in an amount not to exceed $2,500; 2) authorize the Chairman to execute same; 3) authorize the Director of Finance to transfer $2,500 from contingency to base for the project - funds are available in Account No. 870-4698-466-4001. On a motion by Kelly, second by Spiegel, and a 5-0 vote of the Agency Board, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XII. RESOLUTIONS None 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING XIII. NEW BUSINESS JUNE 8, 2006 A. REQUEST FOR APPROVAL OF TRANSFER OF THE DISPOSITION AND DEVELOPMENT AGREEMENT AS AMENDED, THE DEVELOPMENT AGREEMENT, AND RELATED DOCUMENTS RELATING TO THE ENTITLEMENT AND REMAINING DEVELOPMENT OBLIGATIONS FOR A PORTION OF THE DESERT WILLOW TIMESHARE DEVELOPMENT FROM RESORT VENTURES, LP TO WVC RANCHO MIRAGE, INC. (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Ortega indicated that this item was a transfer of development rights on a parcel at Desert Willow to another development entity. He offered that staff was available to answer any questions. Member/Councilman Crites moved to, by Minute Motion, that the Agency Board approve: 1) Transfer from Resort Ventures, LP, a Califomia limited partnership to WVC Rancho Mirage, Inc., a Delaware Corporation, of portions of that certain Disposition and Development Agreement dated February 13, 1997 (as amended August 1, 1997, and January 23, 2003, the "DDA") and the Development Agreement DA 96-1 dated February 27, 1997 (the "DA"); 2) a Golf Course Use Agreement; 3) an Amendment to Declaration of Covenants, Conditions, and Restrictions (Subject Property); 4) an Amendment to Declarations of Covenants, Conditions, and Restrictions (Golf Course); 5) authorize the Executive Director /City Manager to execute such documents and take other steps as are necessary to accomplish subject transfer. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF A GRANT DEED FOR THE CONVEYANCE OF ADDITIONAL STREET RIGHT-OF-WAY ALONG PORTOLA AVENUE NORTH OF EL CORTEZ WAY. Member Crites moved to, by Minute Motion, authorize the Chairman to execute a Grant Deed for the conveyance of additional street right-of-way along Portola Avenue and north of El Cortez Way. Motion was seconded by Kelly and carried by 5-0 vote. XIV. CONTINUED BUSINESS None XV. OLD BUSINESS None 5 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 8, 2006 XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO THE THIRD FIVE-YEAR IMPLEMENTATION PLAN OF THE PALM DESERT REDEVELOPMENT AGENCY (FY 2004-05 THROUGH 2008-09). Mr. Ortega explained that this item was solely on the Redevelopment Agency agenda, and a public hearing with subsequent actions would actually be held by the Palm Desert City Council concurrently with the Palm Desert Redevelopment Agency and the Palm Desert Financing Authority. He asked Redevelopment Agency Counsel Mr. William Strausz to explain the procedure for the adoption of the various resolutions. Mr. Strausz stated the first item on the agenda was a public hearing held by the Redevelopment Agency Board, and it would be appropriate to open the public hearing, hear testimony, close the public hearing, and move on to consider Resolution No 526. It would then be appropriate for the Palm Desert City Council to open a public hearing concurrently with the Palm Desert Redevelopment Agency and the Palm Desert Financing Authority. Vice Chairman Kelly stated the Project Area No. 4 Committee had seen reports for undergrounding and wondered if that needed to be a project in order to be listed as part of the Plan. Senior Financial Analyst Aria Scott replied that it didn't have to be, but was listed in order to make sure that the Agency was covered. She said it was in the Implementation Plan and was a project in Project Area No. 4. Chairman Ferguson declared the public hearing to be open, and invited testimony SUPPORTING or OPPOSING this matter. With no testimony offered, he declared the public hearing to be closed. Member Crites moved to waive further reading and adopt Agency Resolution No. 526, adopting an Amendment to the Agency's Third Five -Year Implementation Plan (FY 2004-05 through 2008-09). Motion was seconded by Benson and carried by a 5-0 vote. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 8, 2006 B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 1, AS AMENDED (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY AND THE PALM DESERT CITY COUNCIL). Mr. Ortega stated the resolutions were necessary for issuance of the bonds that contained plans for how the bond proceeds would be used. The Agency would have the ability to change the use of the bond at a later time, but at this time, it was their best estimate. He said the projects intended to be financed were included in the resolutions, and he recommended they be adopted. Chairman/Mayor/President Ferguson declared the public hearing to be open and invited testimony SUPPORTING or OPPOSING this matter. With no testimony offered, he declared the public hearing to be closed. Member/Councilman/Commissioner Spiegel moved to waive further reading and adopt the following resolutions relating to Project Area No. 1, As Amended, Bonds: 1) City Council Resolution No. 06-74, supplementing Resolution No. 06-56 and further making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006 Series A (Tax -Exempt), and Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2006 Series B (Taxable); 2) Financing Authority Resolution No. FA-55, acknowledging a finding of significant public benefit and affirming certain matters in connection with the issuance and sale of the Authority's Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006 Series A (Tax -Exempt), and Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2006 Series B (Taxable), and approving the issuance, sale, and delivery of such bonds; 3) Agency Resolution No. 527, affirming the Agency's approval of documents and certain other matters relating to the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Revenue Bonds (Project Area No. 1, As Amended), 2006 Series A, and Tax Allocation Refunding Revenue Bonds (Project Area No. 1, As Amended), 2006 Series B (Taxable). Motion was seconded by Kelly and carried by a 5-0 vote. 7 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 8, 2006 C. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 2 (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY AND THE PALM DESERT CITY COUNCIL). Mr. Ortega stated that essentially, the Palm Desert City Council would be adopting the same actions for Project Area Nos. 2, 3, and 4 as they did with Project Area No. 1. Chairman/Mayor/President Ferguson declared the public hearing to be open for Project Area Nos. 2, 3 and 4, and invited testimony SUPPORTING or OPPOSING these matters. With no testimony offered, he declared the public hearing to be closed. Member/Councilman/Commissioner Crites moved to waive further reading and adopt the following resolutions relating to Project Area No. 2 bonds: 1) City Council Resolution No. 06-75, making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D; 2) Financing Authority Resolution No. FA-56, acknowledging a finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D, and approving the issuance, sale, and delivery of such bonds and authorizing certain other matters relating thereto; 3) Agency Resolution No. 528, approving certain documents in connection with the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Refunding Revenue Bonds (Project Area No. 2), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), 2006 Series C, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 2), 2006 Series D, and authorizing certain other related matters. Motion was seconded by Spiegel and carried by a 5-0 vote. 8 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 8, 2006 D. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 3 (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY AND THE PALM DESERT CITY COUNCIL). Mr. Ortega stated that essentially, the Palm Desert City Council would be adopting the same actions for Project Area Nos. 2, 3, and 4 as they did with Project Area No. 1. Chairman/Mayor/President Ferguson declared the public hearing to be open for Project Area Nos. 2, 3 and 4, and invited testimony SUPPORTING or OPPOSING these matters. With no testimony offered, he declared the public hearing to be closed. Member/Councilman/Commissioner Crites moved to waive further reading and adopt the following resolutions relating to Project Area No. 3 Bonds: 1) City Council Resolution No. 06-76, making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series B, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3) 2006 Series C: 2) Financing Authority Resolution No. FA-57, acknowledging a finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series B, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series C, and approving the issuance, sale, and delivery of such bonds and authorizing certain other matters relating thereto: 3) Agency Resolution No. 529, approving certain documents in connection with the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Revenue Bonds (Project Area No. 3), 2006 Series A, Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series B, and Subordinate Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 3), 2006 Series C, and Authorizing Certain other related matters. Motion was seconded by Spiegel and carried by a 5-0 vote. 9 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 8, 2006 E. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE ISSUANCE AND SALE OF TAX ALLOCATION REVENUE BONDS BY THE PALM DESERT FINANCING AUTHORITY FOR PROJECT AREA NO. 4 (JOINT CONSIDERATION WITH THE PALM DESERT FINANCING AUTHORITY AND THE PALM DESERT CITY COUNCIL). Mr. Ortega stated that essentially, the Palm Desert City Council would be adopting the same actions for Project Area Nos. 2, 3, and 4 as they did with Project Area No. 1. Chairman/Mayor/President Ferguson declared the public hearing to be open for Project Area Nos. 2, 3 and 4, and invited testimony SUPPORTING or OPPOSING these matters. With no testimony offered, he declared the public hearing to be closed. Member/Councilman Crites moved to waive further reading and adopt the following resolutions relating to Project Area No. 4 Bonds: 1) City Council Resolution No. 06-77, making a finding of significant public benefit and other findings in connection with the issuance and sale by the Palm Desert Financing Authority of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 4), 2006 Series A, and Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 4), 2006 Series B; 2) Financing Authority Resolution No. FA-58, acknowledging a finding of significant public benefit in connection with the issuance and sale of the Authority's Tax Allocation Refunding Revenue Bonds (Project Area No. 4), 2006 Series A, and Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 4), 2006 Series B, and approving the issuance, sale, and delivery of such bonds and authorizing certain other matters relating thereto; 3) Agency Resolution No. 530, approving certain documents in connection with the sale and issuance by the Palm Desert Financing Authority of Tax Allocation Refunding Revenue Bonds (Project Area No. 4), 2006 Series A, and Tax Allocation Revenue Capital Appreciation Bonds (Project Area No. 4), 2006 Series B, Tax Allocation Revenue Bonds (Project Area No. 2), and authorizing certain other related matters. Motion was seconded by Spiegel and carried by a 5-0 vote. 10 r- - MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JUNE 8, 2006 VII. 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 Upon motion by Crites, second by Spiegel, and a 5-0 votepf the Agency Board, Chairman Ferguson adjourned the meeting at 6:5 ,f ATTEST: HELLE D. IESSEN, SECRETARY) PALM DESERT REDEVELOPMENT AGENCY JIM FE SOH CHAIRMAN