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HomeMy WebLinkAboutPRELIM - RDA - 01/11/07PRELIMINARY MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, JANUARY 11, 2007 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Kelly convened the meeting at 3:01 p.m. II. ROLL CALL Present: Vice Chairman Jean M. Benson Member Jim Ferguson Member Cindy Finerty Member Robert A. Spiegel Chairman Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney 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 Steve Smith, Acting Director of Community Development Patrick Conlon, Director of the Office of Energy Management Paul S. Gibson, Director of Finance/City Treasurer Mark Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Director of Special Programs Walt Holloway, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Ignacio Otero, Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Jorge Rodriguez, Fire Marshal/Battalion Chief/Palm Desert Fire/Riverside Co. Fire Frank Taylor, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reouest for Closed Session: PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 11, 2007 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APNs 620-400-025; 620-400-003; 620-420-010 Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/ Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Other Parties: Michael Mahoney/Triyar Hospitality LLC Under Negotiation: x Price x Terms of Payment Mr. Erwin asked for the City Council's/Agency Board's consideration of adding a joint property negotiation item under Government Code Section 54956.8. Upon a motion by Spiegel, second by Ferguson, and 5-0 vote of the City Council/Agency Board, the following Property Negotiation Item was added to Closed Session. 2) Property: 75-423 Wildflower Lane Palm Desert Negotiating Parties: Agency: Justin McCarthy/City of Redevelopment Agency Property Owner: Oscar Salas Under Negotiation: x Price (APN 634-062-021), Palm Desert/Palm Desert x Terms of Payment On a motion by Spiegel, second by Ferguson, and 5-0 vote of the Agency Board, Chairman Kelly adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:01 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 Jean M. Benson VII. INVOCATION - Member Robert A. Spiegel 2 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 11, 2007 VIII. ORAL COMMUNICATIONS - B MR. GERHARD BEFELD, Palm Desert, addressed the City Council to ask for its help in the Riverside County Board of Supervisors' consideration of a development case in the Cahuilla Hills, Tentative Tract Map No. 34305 - Stone Haven - on January 23. He noted that the City surrounded the subject site on three sides: Stone Eagle to the north, Highway 74 to the east, and Bighorn to the south. He said he'd appealed the matter to the Board of Supervisors, and this was City Council's only meeting before that. He provided the City Council with copies of exhibits of the Tentative Tract and simulated renderings. Even though the City of Palm Desert sent a letter requesting certain conditions be placed on the map, he learned through meeting with the developer on five occasions, that there was no intention of cooperating with the City. He went on to say that as it has come to light, the County received 16 a -mails from residents of Palm Desert saying they were never notified of this case. He displayed and called attention to the renderings that illustrated 16,000 cubic yards of fill and whatwould be allowed underthe County's ordinances. He said the County has indicated a willingness to look at the matter again because they understand that it impacts most of South Palm Desert, as long as they could get some guidance from the City Council as to how they should proceed. He offered to work with the City on this issue and do whatever it took to pursue the matter with the County. Chairman/Mayor Kelly asked Mr. Befeld exactly what he wanted from the City, noting that it had already sent a letter to the County on this matter, and if anything further was requested, City Council would want staffs input. Further, he explained that the item was not on today's agenda and could not receive action unless it was an emergency. Member/Councilmember Finerty pointed out that the matter would be before the County Board of Supervisors on January 23, and the City Council's next meeting wasn't until January 25. She asked about scheduling a separate meeting for this matter. Member/Councilmember Benson moved to add consideration of Riverside County Tentative Tract No. 34305 - Stone Haven to the City Council Meeting Agenda of this date. Motion was seconded by Finerty. Mr. Ortega commented that he'd spoken with Mr. Befeld and reviewed the letter previously sent by the City that contained six or seven points, and he felt there were a couple of conditions not being honored: 1) Number of pads and their arrangement; 2) amount of grading. He said although the project was in County territory, it was still in the City's sphere of influence. Upon question, he replied that the matter was already to the Board of Supervisors, and the City was not planning to send any representative to that meeting but could if the Council so directed. 3 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 11, 2007 Chairman/Mayor Kelly called for the vote, and the motion carried by 4-0, with Ferguson ABSENT. (Please refer to the City Council Meeting Minutes of January 11, 2007, Section X - New Business, Item D, for resulting discussion and action.) MS. NORINE BOWEN, General Manager of Westfield Palm Desert and current Chairman of the Board for the Palm Desert Chamber of Commerce, and MR. ROB BALLEW, Chairof the 2007 Palm Desert Golf Cart Parade, presented the City Council and City Manager each with an official 2007 Golf Cart Parade shirt for the event this Sunday, January 14. He reported there were a variety of activities planned, starting at 7:30 a.m. with the Rotary Pancake Breakfast, a golf car show beginning at 10:00 a.m. and a golf cart agility competition at 10:30 a.m., with the parade beginning at 1:00 p.m. He thanked the City for its support and looked forward to a wonderful day. MS. SAMANTHA CORTESE, Vice Chair of the Palm Desert Youth Committee, announced the Committee's upcoming Jr./Sr. Prom on Saturday, February 3, from 5:00 p.m. to 8:00 p.m. at the Palm Desert High School Gym and asked for the City Council's support. She said the Prom is being held to bring the community's youth and more mature residents together in a setting that both will enjoy, and all proceeds from ticket sales will benefit the Joslyn Senior Center. She said the Ted Herman Big Band will entertain with dance music, and there will also be professional swing dancers providing demonstrations. Admission tickets were being sold for $5.00 each, and grandchildren of seniors would be admitted for $1.00 each. MR. LANNY SWERDLOW, Director of the Marijuana Anti -Prohibition Project, Palm Springs, expressed his grave concern over comments made by the representative from the U.S. Department of Justice at Monday's CVAG (Coachella Valley Association of Governments) Meeting, in that the elected officials there were threatened if they passed any kind of ordinance allowing for dispensaries or cooperatives, they could be arrested for aiding and abetting a Federal crime. He felt this type of threat was totally unacceptable and the City Council should too. He planned to address the other Coachella Valley City Councils about this matter as well. MR. GARY SILVA addressed the City Council, noting his condition had worsened since his last appearance and now required him to be transported by wheelchair, and he needed surgery. He hoped that under State law, people like him would still be allowed some access to medical marijuana. He was disappointed that what the voters approved seemed to mean nothing. MS. KRISTA SILVA commented that she was Gary Silva's wife. She held up a bag of various prescription pills that he was required to take daily and said the only way he was able to not take half of them is with medical cannabis. She believed patients should have the right to safe access; if the dispensaries were all closed, her husband would be unable to get off all that medication, even after having to be de- 4 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 11, 2007 toxed twice previously. She said he was unable to work, she was running their business, and they would be losing their home. She asked City Council to consider safe access for patients and help them get ordinances written for it because it does help. MR. BOB LYLES, Cathedral City, said he was a patient of Cannahelp and asked the City Council to allow it to remain in Palm Desert so that he and patients like him weren't driven underground. He stated that the marijuana helped him with pain and appetite. MR. KEVIN LEE said he was a 40-year California resident, 12 of them in the Coachella Valley, recalling that the people voted for the use of medical marijuana in 1996. Although he was not a cannabis user, medical or otherwise, he thought the issue was really a greater one about civil rights being taken away, and he was concerned about this for the sake of his children. He believed the medical cannabis users were making appropriate decisions by not obtaining their medicine on the street corner but through the parameters of the law and felt it was up to elected officials to do the right thing. MR. ALAN SCHIFF stated he'd addressed the City Council twice before about alternative energy and expressed appreciation for the City's aggressive stance in passing a law for it. He hoped other Coachella Valley cities would follow suit. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE 2007 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. MS. BARBARA CRESON, "Queen Mom," presented the Queen's Court: MS. JESSICA WALLS, Queen Scheherazade; MS. CASSIE FAUSEL, Princess Dunyazade; and MS. SARAH MANNING, Princess Jasmine. Each of the ladies greeted the Agency Board/City Council and personally invited them and all present to visit and enjoy the upcoming Fair, February 16-25. They also thanked the City for its continued support of the Fair. B. PRESENTATION TO RECOGNIZE BATTALION CHIEF WALT HOLLOWAY FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS FIRE DEPARTMENT. On behalf of the City Council, Chairman/Mayor Kelly presented Chief Holloway with an engraved granite and cherry wood plaque, recognizing his four years of service assigned to the Palm Desert Fire Department. 5 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 11, 2007 Chief Holloway expressed his thanks to the City Council and staff and noted that he was accepting a new assignment at one of the mountain fire stations. With Agency Board concurrence, Chairman Kelly suspended the agenda at this point in order to take up City Council Section XIII - Public Hearings - Items B and C regarding Benefit District No. 1 and Section 29 Assessment District balloting. Please see the January 11, 2007, City Council Meeting Minutes for the resulting discussion and action. X. CONSENT CALENDAR A. MINUTES of the Regular Redevelopment Agency Meetings of December 14, 2006, and December 28, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 112RDA, 122RDA, 117-Housing, 123-Housing, and 124HA. Rec: Approve as presented. C. CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA #4 MINUTES for the Meeting of September 18, 2006. Rec: Receive and file. D. REQUEST FOR RATIFICATION of Professional Services Agreement for Inspection Services — Entrada del Paseo Phase 2 Civil Improvements (Contract No. R25590A). Rec: By Minute Motion, ratify the subject agreement in an amount not to exceed $8,000 ($7,460 for the original contract and $540 for reimbursables or miscellaneous expenses) with Sladden Engineering, Palm Desert, California — funds are available in Account No. 850-4358-433-4001. E. REQUEST FOR APPROVAL of the Substitution of Subcontractor for Construction of the Henderson Community Building (Contract No. R22600A). Rec: By Minute Motion, approve the substitution of Hegge Electrical Contractors, Inc., with Circle City Electric, Inc., on the subject contract with Steton Construction Group, Brea, California. PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 11, 2007 F. REQUEST FOR RATIFICATION of Grant of Easement to Southern California Edison Company for Facility Service Installations at Palm Village Apartments. Rec: By Minute Motion, ratify the subject Grant of Easement to Southern California Edison Company. G. REQUEST FOR RATIFICATION of the Executive Director's Approval of a Contract for Grading and Installation of Turf Block for Fire Lane Access at Catalina/Pueblos Community Room (Contract No. R23070A). Rec: By Minute Motion, ratify the Executive Director's approval of the proposal by Macklin Construction, Indio, California, in the amount of $19,100 —funds are available in Account No. 850-4433-433-4001. H. REQUEST FOR RATIFICATION of Amendment No. 1 to Contract No. R24770 — Design Services for the Civil Work and Infrastructure for Future Development at Entrada Del Paseo. Rec: By Minute Motion, ratify Amendment No. 1 in the amount of $18,000 to the subject contract with Stantec Consulting, Inc., Palm Desert, California, for additional design work associated with the civil improvements for La Spiga and the Henderson Community Building at Entrada del Paseo — funds are available in Account No. 850-4358-433-4001. Upon a motion by Spiegel, second by Finerty, and 5-0 vote of the Agency Board, the Consent Calendar was approved as presented. XI. CONSENT ITEMS HELD OVER None XI1. RESOLUTIONS None XIII. NEW BUSINESS None 7 PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 11, 2007 XIV. CONTINUED BUSINESS None XV. OLD BUSINESS None XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE PAYMENT FOR ACQUISITION AND DEVELOPMENT OF PROPERTY FOR CHILD CARE CENTERS LOCATED AT 44-911 CABRILLO AVENUE AND 75-433 ORANGE BLOSSOM LANE IN THE CITY OF PALM DESERT, AND AUTHORIZATION OF THE CONVEYANCE AGREEMENT AND ASSIGNMENT AND ASSUMPTION OF LEASES WITH THE REDEVELOPMENT AGENCY RELATED TO SAID PROPERTY (JOINT CONSIDERATION WITH THE PALM DESERT CITY COUNCIL). Mr. Ortega stated in order for the Agency to transfer properties to the City, a public hearing was first required as part of the process. Member Spiegel stated one of the centers would be run by Desert Sands Unified School District and the other by the YMCA of the Desert. Senior Management Analyst Catherine Walker agreed. Chairman/Mayor Kelly declared the public hearing open and invited anyone wishing to address the City Council on this matter to come forward at this time. With no testimony offered, he declared the public hearing closed. Member/Councilman Spiegel moved to waive further reading and adopt: 1) City Council Resolution Nos. 07-1 and 07-2, and Redevelopment Agency Resolution Nos. 537 and 538, making findings in accordance with Health and Safety Code Section 33431 and Sections 33445 and 33679 for the conveyance of property located at 44-911 Cabrillo Avenue, Palm Desert, California, and 75-433 Orange Blossom Lane, Palm Desert, California, from the Palm Desert Redevelopment Agency to the City of Palm Desert for the purposes of childcare/early education facilities; 2) by Minute Motion, approve Contract No. C26100, conveying the property located at 44-911 Cabrillo Avenue, the City of Palm Desert Early Childhood Education Center in conjunction with Desert Sands Unified School District, PRELIMINARY MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING JANUARY 11, 2007 from the Palm Desert Redevelopment Agency to the City of Palm Desert; 3) by Minute Motion, approve: a) Contract No. C26110, conveying the property located at 75-433 Orange Blossom Lane, Palm Desert, California, the Jean M. Benson Child Care Center, from the Palm Desert Redevelopment Agency to the City of Palm Desert; b) Contract No. R11813 - Second Amendment to Lease, extending the Lease of the property located at 75-433 Orange Blossom Lane, Palm Desert, California, the Jean M. Benson Child Care Center. Motion was seconded by Ferguson and carried by a 5-0 vote. 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 Upon a motion by Spiegel, second by Ferguson, and unanimous vote of the Agency Board, Chairman Kelly adjourned the meeting at 5:33 p.m. RICHARD S. KELLY, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY