HomeMy WebLinkAbout1991-09-26MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 26, 1991
CIVIC t.r..r4 rat COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Snyder convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly
M. INVOCATION - Councilmember Jean M. Benson
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Buford A. Crites
Mayor Pro-Tempore Richard S. Kelly
Councilman S. Roy Wilson
Mayor Walter H. Snyder
Also Present:
Ramon A. Diaz, Acting City Manager/Director of Community Development
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Carlos L. Ortega, ACM/RDA Executive Director
Richard J. Folkers, ACM/Director of Public Works
Paul Shillcock, ACM/Director of Economic Development
Paul Gibson, City Treasurer/Finance Director
Pat Conlon, Director of Building and Safety
Frank Allen, Director of Code Compliance
Ken Weller, Emergency Services Coordinator
John Wohlmuth, Environmental Conservation Manager
V. CONSENT CALENDAR
A. MINUTES of the Adjourned City Council Meetings of July 3, August 1, and August 5,
1991, and the Regular City Council Meetings of August 22 and September 12, 1991.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos.
WR0815, WR0902, and WR0914.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#174) by Andrew C. Hathaway in the Amount of
$1,279.59.
Rec: By Minute Motion, deny the Claim and Instruct the City Clerk to so advise the
Claimant.
D. CLAIM (#175) AGAINST THE CITY (City Employee Pedro Martinez Rodriguez, Jr.)
by ITT Hartford on Behalf of its Insured Fred Moldenhauer in an Unspecified Amount.
Rec: By Minute Motion, deny the Claim and Instruct the City Clerk to so advise the
Claimant.
E. CLAIM AGAINST THE CITY (#176) by Attorney Stephen B. Shore on Behalf of
Coldwell Banker/Skyridge Realty and Robert and Terri Cross for Indemnity.
Rec: By Minute Motion, deny the Claim and Instruct the City Clerk to so advise the
Claimant.
F. CLAIM AGAINST THE CITY (#177) by Pete Huerta in the Amount of $4,089.95.
Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the contractor,
Griffith Company; 2) instruct the City Clerk to so advise the Claimant.
G. MJNUTES of the Regular Civic Arts Committee Meetings of May 20 and June 17, 1991.
Rec: Receive and file.
H. REQUEST FOR APPROVAL of Parcel Map 27065, DSL Service Company, Applicant.
Rec: Waive further reading and adopt Resolution No. 91-111,, approving Parcel Map
27065.
I. REOUEST FOR APPROVAL of Final Tract Map 26757, Sunrise Desert Partners,
Applicant.
Rec: Waive further reading and adopt Resolution No. 91-112, approving Tract Map
26757.
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J. REOUEST FOR CONSIDERATION of Von's Shopping Center/Highway 111 Roadway
Improvements.
Rec: 1) Approve staffs recommendation to proceed with the roadway widening,
including securing approval by Caltrans;
2) Authorize the appropriation of funds in the amount of $80,000.00 plus a
ten percent contingency in the amount of $8,000.00 from Measure A
reserves;
3) Authorize the City Clerk to advertise and call for bids for the subject
project (Contract No. 00-576).
K. REOUEST FOR ACCEPTANCE OF WORK for Contract No. QO-548, Traffic Signal
Head Replacement at Monterey Avenue and San Gorgonio Way.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk
to file a Notice of Completion for Contract No. 00-548.
Mayor Snyder noted that Mr. Andrew Hathaway had requested that Item C be removed
from the Consent Calendar for separate discussion under the Consent Items Held Over
portion of the Agenda.
Upon motion by Crites, second by Benson, the Consent Calendar, with the exception of Item
C, was approved as presented by unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
MR. MARVIN EAVES, Riverside County Fire Department, addressed Council and gave a
report on the thunder storm that went through the Coachella Valley that afternoon. He noted
that approximately 150 tree fires had been started by the lightning.
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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IX. CONSENT ITEMS HELD OVER
C. CLAIM AGAINST THE CITY (1174) by Andrew C. Hathaway in the Amount of
$1,279.59.
MR. ANDREW HATHAWAY reviewed the claim he had submitted for an accident that
occurred at Hovley and Via Cinta, noting that the word "stop" had been newly painted
on the street. He said there were no cones and nothing to indicate that there was a
slippery substance on the roadway. He added that the reflective highway safety spheres
did not adhere to the surface of the paint because they either were not applied correctly
or too much was applied. He asked that Council reconsider the claim. He presented
samples of the highway safety spheres for consideration.
Councilman Wilson moved to, by Minute Motion, continue this matter to the meeting of
October 10, 1991, and direct the Claims Review Committee to reexamine this claim in light of the
additional information presented by the Claimant at this meeting. Motion was seconded by Crites and
carried by unanimous vote of the Council.
X. NEW BUSINESS
A. REVIEW OF CIVIC CENTER STEERING COMM' i i tt RECOMMENDATIONS
FOR UPGRADING OF EXISTING CIVIC CENTER LANDSCAPING.
Mr. Folkers reviewed the Minutes of the September 5,1991, meeting of the Civic Center
Steering Committee, noting that estimated costs ranged from $274,000 for the basic
design package (Alternative C) to $402,000 (Alternative A). He added that the
Committee recommended Alternative C.
Councilmember Benson asked whether this design included eliminating the grassy areas
at the entrances to the Civic Center, and Mr. Folkers responded that it did not and would
be a separate program.
Mr. Conlon stated that staff was not requesting approval of the $274,000 at this time but
was requesting approval of a contract with Wayne Carlton Connor & Associates for
design of the Civic Center landscape system. He added that the primary design would
be brought back to Council for review before Mr. Connor begins working drawings.
Councilmember Benson stated she felt the entryways were very important because it is
the first thing people visiting the Civic Center see. She added that she felt it should be
included in these modifications.
Upon question by Councilman Kelly, Mr. Conlon responded that the pedestrian walkway
would be a separate, stand-alone program and was not included in this design.
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Councilman Crites agreed with Benson that the entrances should be included in this
design contract. He also asked why the area between the sidewalk and the street was
remaining turf.
Mr. Folkers responded that staffs feeling was that because of the many compliments
regarding the landscaping around the Sheriff's Station, the remainder of Fred Waring as
well as the San Pablo frontage should be done the same.
Councilman Wilson moved to, by Minute Motion: 1) Affirm the Civic Center Steering
Committee's recommendations and direct the landscape architect to implement the design; 2) Approve
Contract No. 00-577 with Wayne Connor and Associates for landscape architectural services; 3)
Appropriate $26,000.00from the unobligated New Construction Tax Fund and include $2,600.00(10%
contingency) for a total amount of $28,600.00 to cover Mr. Connor's design services; 4) Direct staff
to look into retrofitting the entryway medians to drought tolerant landscaping. Motion was seconded
by Kelly and carried by unanimous vote of the Council.
Councilman Crites stated that an issue that had come out of public art was to have a
method of night lighting for the sculptures, such as the one at the Sheriff's Station, and
he asked if this had been addressed.
Mr. Conlon responded that the only lighting anticipated in the design budget of $274,000
was perimeter "up lighting" of the date palms along the Fred Waring and San Pablo
sidewalks, both for aesthetics and security reasons for pedestrians.
Councilman Crites added that the Public Art Subcommittee was talking about solar
lighting of the sculptures. Mr. Diaz suggested contacting the artist to see if he would
want the lighting on the piece to be a certain way.
B. REQUEST FOR CONSIDERATION of Civic Arts Committee Recommendation for
Approval to Commission Artist Curt Mattson to Fabricate and Install an Artwork at the
Civic Center Sculpture Walk Site "C" (Contract No. 00-578).
Public Art Coordinator Catherine Sass reviewed the staff report and gave a slide
presentation of the area where the proposed art would be installed. She said the piece
was a Cahuilla Shaman, or medicine man, entitled "Messenger of the Puul". She
introduced the artist.
MR. CURT MATTSON addressed the Council and noted that the Shaman was one of
the most important people in the Cahuilla tribe and was a powerful religious person.
He explained his artwork and offered to answer any questions.
Upon question by Councilman Kelly, Mr. Mattson responded that he had been in touch
with the Cahuilla Indians to discuss this with them.
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Councilmember Benson asked how tall the figure would be, and Mr. Mattson responded
that it would be 9-1/2 feet tall plus the base, for a total of 13 feet.
Councilman Kelly stated that the artwork itself would probably not be ready in time for
it to be included in the City's 1992 Community Calendar, and he asked if a photo of the
maquette could be used. Mr. Mattson agreed. Councilman Kelly added that he felt this
would be one of the most outstanding pieces of art in the program.
Councilman Kelly moved to, by Minute Motion, approve Contract No. 00-578 with Curt
Mattson for the fabrication and installation of an artwork entitled "Messenger of the Puul" at the Civic
Center Sculpture Walk Site "C"at a cost not to exceed $56,838.00. Motion was seconded by Wilson
and carried by unanimous vote of the Council.
C. INFORMATIONAL IT MS:
1. Palmer CableVision Update.
Mr. Ortega noted that a report had been included in the packets regarding the
transfer of the franchise to Palmer CableVision; he offered to answer any
questions.
Councilman Kelly commented that he felt Palmer CableVision had done
something really good in televising the Palm Desert High School football games.
Councilman Wilson said there was a group in Palm Springs looking into and
planning to implement a provision of public access, taking advantage of the
franchise agreement. He asked if our franchise required two channels or one.
Mr. Ortega responded that our franchise required two channels, one for
educational and one for governmental. He said some time ago Palmer
CableVision was trying to put together all the cities so that we could have a
common provider of services. He said they had at one time been working with
College of the Desert Communications Department where programs would be
recorded from there. He said Palm Desert was willing to participate, which
meant funding a portion of that ourselves, with some of it through the franchise
provisions; however, other cities were not as willing to participate and contribute
funds, and the idea broke down. He added that the only alternative was for the
City of Palm Desert to work out some sort of access channel and be able to
broadcast.
Councilman Wilson suggested that Mr. Ortega keep an eye on what happens
in Palm Springs with Warner Cable to monitor it to see if it is something we
want to do.
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2. Update on Tri-Cities Sports Facility.
Mr. Diaz reported that he had just today received the noise study. He said the
Environmental Impact Report would now be able to be completed, with
hearings to be held in late October or early November. He stated that the
study did not point out at this time any significant mitigation measures that
need to be implemented. He added that he had also received the noise study
on the corporation yard.
3. El Paseo Business Association Proposed Fiscal Year 1991-92 Budget.
Mr. Shillcock reviewed the staff report, noting that the El Paseo Business
Association had been working very closely with staff to provide information to
the Council. He said this was a conservative budget that would give the
Association a great deal of direction through the year.
Upon question by Councilman Wilson regarding the Meetings/Receptions line
item for $1,000.00,Mr. Shillcock responded that the Association holds several
meetings during the year and invites all the businesses on El Paseo to attend
and give input regarding various issues. This amount would be to purchase
refreshments, rent meeting space if necessary, etc.
No Council action was necessary on this item.
D. REOUEST FOR CONSIDERATION OF AMENDMENT TO THE JOINT POWERS
TRANSPORTATION AGENCY AGREEMENT - TAXICABS (from Agenda Addendum
dated September 23, 1991).
Mr. Allen reviewed the staff report and recommended approval of the amendment to the
Joint Powers Transportation Agency agreement. He said this would allow Sunline Transit
Agency to collect the business license tax fees for taxicab operators.
Councilman Kelly commented that the objective was to make the collection of these fees
simpler and have it all done at one place.
Councilman Kelly moved to, by Minute Motion, approve the amendment to the Joint Powers
Transit Agency Agreement (Contract No. 00-515) authorizing the Sunline Transit Agency to collect and
dispense the business license tax fees for taxicab operators. Motion was seconded by Benson and
carried by unanimous vote of the Council.
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XI. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF URGENCY ORDINANCE RELATING TO
GRAFFITI AND ITS REMOVAL (Continued from the Meeting of September 12, 1991).
Mr. Diaz stated that Council had received a new staff report and amended resolution
from Code Compliance Director Frank Allen. He said the report included the results
of interviews with different merchants throughout the City who sell aerosol spray paint
containers and wide -tipped markers.
Upon question by Mayor Snyder, Mr. Diaz responded that the amended ordinance
deleted the requirement that merchants lock up aerosol spray paint containers and also
lowered the age from 21 to 18 to purchase these items.
Councilman Crites moved to waive further reading and adopt Ordinance No. 65$ as an
urgency ordinance, amended to delete Section 9.40.015 requiring mandatory storing of aerosol spray
paint containers and wide -tipped markers. Motion was seconded by Benson and carried by unanimous
vote of the Council.
B. REOUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, CHANGE OF ZONE FROM R-3 (MULTIFAMILY
RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL), AND A PRECISE PLAN FOR
A 5,400 SQUARE FOOT OFFICE BUILDING ON THE SOUTH SIDE OF FRED
WARING DRIVE BETWEEN SAN PABLO AVENUE AND SAN PASCUAL
AVENUE, MICHAEL BUCCINO. APPLICANT (Continued from the Meeting of
September 12, 1991).
Mr. Drell reviewed the staff report, noting that Council had continued this item and
asked staff to look into the issue of whether or not elevators for two-story buildings were
necessary or required by Code. He said with regard to this particular building, there
were no requirements for an elevator in local, State, or Federal laws.
Councilmember Benson asked whether the City's existing ordinance would have to be
amended if the Council wished to have this requirement considered for future buildings.
Mr. Erwin responded that it would have to go through the normal requirements to
establish uniqueness and need for it in this area. He added that we would have to go
through the State of California in order to have a more restrictive ordinance.
Mr. Conlon stated that the California Health and Safety Code states that the only way
cities can amend the Building Code to be more restrictive would be to base it on climatic,
topographical, or geographical circumstances that necessitate the change. He asked the
City Attorney if there was a way to include a requirement for elevators in two-story
buildings without necessarily modifying the Building Code.
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Mr. Diaz stated that staff would come back with a report for Council at the next meeting
as to what can be done to achieve Council's goal for complete accessibility for buildings.
Councilman Wilson moved to: 1) Waive further reading and adopt Ordinance No.`7,
approving Change of Zone No. 91-2; 2) waive further reading and adopt Resolution No. 91-1Q7,
approving PP 91-8 subject to conditions; 3) direct staff to investigate how future projects can be
conditioned for elevators without using the Uniform Building Code. Motion was seconded by Kelly
and carried by unanimous vote of the Council.
C. REQUEST FOR CONSIDERATION of Landscape and Lighting Assessment for Fiscal
Year 1991/92 for Tract 23982-Sonata I (Continued from the Meeting of August 22,1991).
Councilman Crites moved to, by Minute Motion, hold this matter for the 7:00 p.m. portion of
the meeting. Motion was seconded by Benson and carried by unanimous vote of the Council.
D. CONSIDERATION OF REQUEST FROM IMAAD WASIF FOR FINANCIAL
ASSISTANCE (continued from the Meeting of September 12, 1991).
Mr. Gibson stated that the Council, at its last meeting, had requested that the Outside
Agency Contribution Committee discuss this request with Mr. Wasif. He said the
applicant was given notice that he should list what hours he would be willing to work as
community service in exchange for any funding the City might provide. As of this date,
staff was still waiting for a response.
Mayor Snyder indicated that he had sent letters to various service clubs in the City
asking them to consider providing some financial assistance for this trip.
No Council action was taken on this item.
XII. OLD BUSINESS
A. LETTER FROM THE CITY OF SOUTH El;, MONTE SEEKING SUPPORT OF THE
PASSAGE OF H.R. 100 TO COMBAT DRIVE -BY SHOOTINGS.
Mr. Diaz noted that a staff report was in the packets and that staffs recommendation
was to support the City of South El Monte's resolution endorsing legislative efforts to
combat drive -by shootings and supporting H.R. 100 (Torres).
Councilman Kelly moved to, by Minute Motion, support Resolution No. 91-3122 of the City
of South El Monte. Motion was seconded by Benson and carried by unanimous vote of the Council.
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XIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Sending a Councilmember to a Tourism Conference Being
Held November 3 - 8, 1991 (Councilmember Jean M. Benson).
Councilmember Benson stated that Councilman Crites had been invited to
attend a tourism conference in Honolulu as a representative of the Santa
Rosa Mountains National Scenic Area. She said this had been discussed
at the Promotion Committee meeting on September 18th and that the
members felt this would be an excellent way to find out how other areas
are doing things.
Upon question by Councilman Wilson, Benson responded that the
Committee did not have any travel funds. She added that there had not
yet been a budget worked up for this conference as far as costs for airfare,
hotel, registration, and meals.
Councilman Crites said he felt one of the things that needs to be looked
at is the marketing of the material resources of the Coachella Valley, not
just as a backdrop for playing golf, but as a way of bringing people to visit
and stay. He said he was convinced that the business community would
take better care of the environment when the environment has a payoff that
is very specific and direct in terms of bringing in tourism dollars.
Councilman Kelly stated he felt this was a very important conference.
Councilman Crites noted that a friend of his had a business 10 to 15 years
ago that had jeep tours of the Valley but went out of business because the
high costs, such as insurance, did not justify continuing the business. He
said this contrasted with the people who are doing similar jeep tours now
and are packed full. He said people are interested in doing these types of
things, and the City should take advantage of its resources.
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Mayor Snyder moved to, by Minute Motion, approve sending a Councilmember to a tourism
conference being held November 3-8, 1991, in Honolulu, Hawaii. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
2. Toys R Us Landscaping (Councilman Buford A. Crites - from Agenda
Addendum dated September 23, 1991).
Councilman Crites asked the status of the landscaping at Toys R Us and
stated it had been almost 12 months since Council was assured that it would
be improved.
Mr. Diaz responded that it had not been done and noted it was difficult
to deal with Toys R Us. He said staff (Eric Johnson and Frank Gonzalez
of the Public Works Department) had been working with representatives
in New Jersey as well as Stockton. He said the landscaping plans had been
redone and that planting should be completed within four weeks; if not,
the next step would be legal action. He asked that this matter be placed
on the City Council Agenda for the first meeting in November.
Councilmember Benson stated because this has been going on for two years,
she felt more mature trees should be used instead of starting all over with
new ones.
Mr. Diaz stated that staff would prepare a report for the first meeting in
November relative to this landscaping.
3. Date Palm Grove (Councilman Buford A. Crites - from Agenda Addendum
dated September 23, 1991).
Councilman Crites asked that staff bring back a report at the October loth
Council meeting regarding the status of the Date Palm Grove.
o City Council Committee Reports:
1. Redesign of Brothers Building #2 RE: Public Art Placement (Councilman
Buford A. Crites - from Agenda Addendum dated September 23, 1991).
Councilman Crites stated that when the contract was approved for the
public art in The Brothers building, it was for both buildings. Because of
the redesign of the second building, the art no longer fits. He asked for
a report on what will be done with the artwork and said he wanted to be
sure something like this does not happen again.
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Upon question by Councilman Wilson as to why public art was approved
for a building that was not designed yet, Councilman Crites responded that
it had been designed to go into an atrium; however, now that the building
has been redesigned for the State Water Control offices, there will not be
an atrium and the artwork will not fit.
2. CVB
Councilmember Benson reported that at last month's CVB meeting, the
Hotel Industry's new Chairman, Judy Woodard from La. Quinta, indicated
they were starting a new procedure and that beginning in October, a
representative from the hotel industry of each city would be giving a report
for the previous month about the number of hotel rooms booked and how
much money was brought in to the area. This report would be given at
each City Council meeting in the Valley to keep the cities informed on a
month -to -month basis as to how the hotels are doing.
3. SCAG Redefinition Task Force
Councilman Kelly reported that the SCAG Redefinition Task Force had
another meeting and was down to two recommendations. He said these
recommendations would be considered at the next meeting, and he asked
that Council submit comments to him.
4. Public Safety Commission
Councilman Crites reported that at the last Public Safety Commission
meeting a physician from Desert Hospital Emergency Services made a
presentation and stated they did not expect any medical care to be available
for the first 8 to 10 hours of a major disaster and suggested storage of basic
medical supplies in various parts of the City to help in such situations.
MR. MARVIN EAVES stated that the County Fire Department had
prepared kits that included everything needed to set up mobile MASH units
with drugs, etc. He said they were available for any city with facilities to
store such kits.
XIV. ORAL COMMUNICATIONS - B
None
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Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Snyder
adjourned the meeting to Closed Session at 5:20 p.m. pursuant to Government Code Sections 54956.9
(a) (County of Riverside/Bighorn v. City of Palm Desert, Levald v. City of Palm Desert re: Indian
Springs Mobile Home Park, Cox v. City of Rancho Mirage, and Rojo v. City of Rancho Mirage), (b),
and (c), and 54956.8, Real Property Transactions.
Mayor Snyder reconvened the meeting at 7:00 p. m. and noted that an item discussed in Closed
Session was assistance for the Portola Palms Mobile Home Park.
Mr. Ortega stated that this item involved both the City Council and the Redevelopment
Agency, and he asked that it be added to the Agenda for consideration as a joint matter.
Councilman/Member Crites moved to, by 4/5ths vote, add this item the Agenda for
consideration by the City Council and Redevelopment Agency Board. Motion was seconded by Wilson
and carried by unanimous vote.
Mr. Ortega reported that residents of the Portola Palms Mobile Home Park had
requested that the City serve as a co -applicant with them to obtain funds to provide
assistance to low and moderate income residents of the park. For people who qualify,
these funds are available to assist them in purchasing their own space. He said the
Redevelopment Agency had also been asked to participate as a co -applicant.
MR. DAVID J. SOMMERS, Mobile Home Park Conversion Consultants, said he
represented residents of Portola Palm Mobile Home Park. He said that without funds
from the City, it was very unlikely that the residents would be able to convert. He said
they were also concerned that because there were a number of low and moderate income
residents in the park, the State would not be able to provide the total amount of funds
needed by the residents. He said they needed to know by October 1 lth that a
commitment has been made for some amount of funds.
Councilman Wilson moved to waive further reading and adopt Resolution No. 91-114,
authorizing the submittal of a loan application, execution of a standard agreement and any
amendments thereto, and any related documents necessary to participate in the Mobilehome Park
Resident Ownership Program and secure a commitment of funds from the California Department of
Housing and Community Development. Motion was seconded by Kelly and carried by unanimous vote
of the Council.
Member Wilson moved to waive further reading and adopt Resolution No. 22., authorizing
the submittal of a loan application, execution of a standard agreement and any amendments thereto,
and any related documents necessary to participate in the Mobilehome Park Resident Ownership
Program and secure a commitment of funds from the California Department of Housing and
Community Development. Motion was seconded by Kelly and carried by unanimous vote of the
Agency Board.
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XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
1. Continued Business Item C - REQUEST FOR CONSIDERATION of Landscape and
Lighting Assessment for Fiscal Year 1991/92 for Tract 23982-Sonata I (Continued from
the Meeting of August 22, 1991).
Mr. Folkers reviewed the report, noting that staff felt it was time to make a decision
based on the analysis of the situation regarding how the financial aspects will be handled
with respect to the properties in this assessment area. He said the proposal was that
each r.,.,r:..ty owner pay $250.00 for this year, with the City and the developer to pick
up the remaining cost. In addition, any payments not collected in fiscal year 1991-92
would be added to the fiscal year 1992-93 assessment; and beginning fiscal year 1992-
93, the property owners shall be assessed for the full annual estimated costs.
Mayor Snyder noted that this was not a public hearing but invited testimony from the
audience.
MR. LARRY SCHONCITE read a prepared statement protesting the assessment and
stating that the property owners felt the area in question belonged to the City and that
they did not receive any more benefit from it than other developments on Hovley Lane.
He requested that for ten years a cap of $250.00 be placed on the assessment plus annual
CPI increase.
MRS. LOUISE TAYLOR stated that all of the residents had the same concerns and that
she concurred with Mr. Schoncite's comments. She expressed the following concerns:
At the meeting with Mr. Folkers and the developer, residents were not allowed
to voice their opinions at all unless it dealt with how the payment of the
assessment would be split.
Until residents voiced opposition, they had been advised the assessment would be
$626.00. She said they had also been advised that a lower bid was received for
basically the same services, and she asked if residents would have had to pay the
higher amount and not been told about the lower bid if they had not protested.
She said residents had not had any meetings with Barcon at all; the developer was
not interested in meeting with the residents and had only spoken with Mr.
Schoncite.
Mrs. Taylor concluded her remarks by asking that Council give relief to the residents for
ten years and said they needed time to resolve the issue of responsibility for this property.
She said they did intent to resolve the issue, had met with their attorney, and were
advised of their rights. She added that they would take whatever steps were necessary
to resolve the issue with the developer.
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MINUTES
REGULAR PALM DESER" CITY COUNCIL MEETING Jr.?i r_[vIBER 26, 1991
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MR. KEN ELDRED asked why the assessment district was not included in the CC&R's
and said they were told they were not responsible for any assessment district.
Mr. Folkers stated that the whole intent of the first meeting with the developer and
Sonata residents present was to deal with the issue of the assessment for the landscaping
costs. He said it was specifically stated that the meeting would not deal with the legal
issues between the residents of Sonata and the developer. He said the initial estimate
for the landscaping maintenance was $626.00; when bids were received, that amount was
reduced to $440.00 per parcel. He noted that the developer had agreed, even though
he had no responsibility, to pay $95.00 per parcel for the rest of this year to help with
the maintenance; the other portion would be shared between the City and the property
owners.
In response to Mr. Eldred's question, Mr. Folkers stated that it was his understanding
that it was not specifically called out as an assessment district in the CC&R's but was
called a maintenance district.
Councilman Crites asked whether staff had looked at a copy of the CC&R's to see if they
mentioned an assessment district. Mr. Folkers responded that Mr. Joe Gaugush of his
office had looked into this with Mr. Freeman of Barcon. Councilman Crites asked
whether one of the City's conditions of approval for the project was the establishment
of this assessment district, and Mr. Folkers responded that the condition was included.
Councilman Crites asked whether acceptance of the developer's willingness to pay $95.00
per parcel in any legal way reduced the developer's potential exposure to complaint by
the homeowners. He also asked whether the City had any responsibility to ensure that
the conditions of approval are passed on to the homeowners.
Mr. Erwin responded that it was extremely doubtful that participation by the developer
would in any way affect any individual rights against the developer. He added that
conditions of approval are imposed on the developer, and it is the developer's
responsibility to advise homeowners of specific conditions.
MR. SCHONCTTE asked whether the CC&R's were approved by the City since the City
imposes conditions of approval, and Mr. Diaz responded that the City does not approve
CC&R's.
MR. MAX MARKOVITZ, 40-993 Sonata Court, said the residents were not here to
discuss their problems with Barcon but to determine what their outlay of cash will be so
they know how to negotiate with Barcon. He said they were not asking anything from
the City except relief with a cap for a period of time.
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING Jr r 1 r.tviBER 26, 1991
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Mr. Folkers stated it was staffs position that the City should not provide the requested
cap because it is not being done for any of the other developments in the area.
Councilman Crites asked whether the average change in cost per year over a five-year
period for other assessment districts is approximately the same as the CPI increase, and
Mr. Folkers responded that it was.
Councilman Wilson asked why the assessments for this development were higher than
other units in the assessment district.
Mr. Folkers responded that this development has frontage on both Hovley Lane and
Portola Avenue, and the area per square foot for the 16 houses is higher than Sonata
II which only has frontage on Hovley Lane and has more lots.
Councilman Wilson asked whether the costs for the entire district could be averaged out
instead of taking each individual tract and figuring cost.
Mr. Folkers stated that it has to be done by benefit analysis, and the City has to be able
to prove in court the benefit assessment.
Mr. Erwin agreed and said the City relies on its benefit engineers to separate the
assessments.
Upon question by Councilman Wilson, Mr. Folkers explained that the landscaping on
Portola Avenue is turf with trees and some plants against the wall. He added that staff
had looked at the area to see what could be done to reduce the maintenance costs of
the area. Councilman Wilson asked if this was the only assessment district along Portola
Avenue, and Mr. Folkers responded that the wall along The Vineyards was paid for by
that development.
Councilman Crites stated that if this development were to be built today, there would
not be turf and petunias; the developer would be required to plant drought tolerant
landscaping. He suggested that staff look into the cost of converting the area to drought
tolerant. He asked what the difference in cost would be to maintain drought tolerant
versus the turf landscaping that is there.
Environmental Conservation Manager John Wohlmuth responded that in the City
medians, the cost is approximately $.13 per square foot per year for drought tolerant and
$.30 per square foot per year for turf and trees. He added that this did not include
water, which was about 10 % more per square foot.
Mr. Diaz suggested that staff prepare a report for Council at its October 24th meeting
on what the cost would be to retrofit the assessment district to drought tolerant
landscaping, what the maintenance costs would be for drought tolerant compared with
16
MINUTES
RFC WLAR PALM DESERT " TY COUNCIL MEETING
*'s * * * * * * * * * * * * * * * * * * * * * *
err i tMBER 26, 1991
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what is there now. In addition, staff should talk to the developer to see what he would
pay for this retrofit.
Councilman Wilson moved to continue this matter to the meeting of October 24, 1991, with
direction to staff to look into what the cost would be to retrofit the assessment district to drought
tolerant landscaping, compare the costs to maintain drought tolerant landscaping versus the existing
landscaping, and work with the developer to determine who would pay for subject retrofitting. Motion
was seconded by Kelly and carried by unanimous vote of the Council.
MR. SCHONCITE asked that Council consider the item at 7:00 p. m. at the October 24th
meeting to allow homeowners to attend.
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PLAQUES OF APPRECIATION TO RICK ERWOOD AND
PAUL WHITE.
Mayor Snyder presented a plaque of appreciation to Mr. Richard Erwood for his service
on the City's Planning Commission from August, 1983, through September, 1991.
Mr. Erwood thanked the Council for the opportunity to serve the City for eight years on
the Planning Commission. He said it had been a very rewarding and enjoyable
experience.
Mr. Paul White was not able to attend this meeting to receive his plaque.
XVIII. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION OF STREET VACATION - DESERT MIRAGE
DRIVE (TRACT 25639), RAM DEVELOPMENT & CONSTRUCTION COMPANY.
APPLICANT.
Mr. Diaz noted there was a staff report in the packets and that Mr. Folkers was available
to answer any questions.
Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request.
MR. MICHAEL ROBINSON, RAM Development, spoke in favor of this street vacation
and offered to answer any questions.
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING err i t.i (BER 26, 1991
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With no further testimony offered, Mayor Snyder declared the public hearing closed.
Councilman Crites moved to waive further reading and adopt Resolution No. 91-113, vacating
a portion of the right-of-way known as Desert Mirage Drive. Motion was seconded by Wilson and
carried by unanimous vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Crites, second by Benson, and unanimous vote of the City Council, Mayor
Snyder adjourned the meeting at 8:00 p.m.
WALTER H. SNYDER, 1 &YOR
ATTEST:
SHEILA R. LLIGAN, CITY CLERK/.I.O. (�
CITY OF P M DESERT, CALIFORNIA
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