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HomeMy WebLinkAbout1992-04-094. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 9, 1992 : s s s s* s s s s s* s s s s s s s* s s s s s s s s s s s s s s* s s I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Mayor Pro-Tempore Jean M. Benson IV. ROLL CALL Present: • Councilman Buford A. Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Pro-Tempore Jean M. Benson Excused Absence: Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Carlos L. Ortega, ACM/RDA Executive Director Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Finance Director/City Treasurer Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources Phil Drell, Acting Director of Community Development Joseph Gaugush, Acting Director of Public Works John Wohlmuth, Environmental Conservation Manager Larry McAllister, Director of General Services V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 26, 1992. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1992 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. WR0305. Rec: Approve as presented. C. SCHEDULE OF INVESTMENTS as of January 31, 1992. Rec: Receive and file. D. SCHEDULE OF INVESTMENTS as of February 29, 1992. Rec: Receive and file. E. STATEMENT OF CASH TRANSACTIONS as of January 31, 1992. Rec: Receive and file. F. STATEMENT OF CASH TRANSACTIONS as of February 29, 1992. Rec: Receive and file. L,6'. REQUEST FOR APPROVAL of Change Order No. 1 to Silver Spur Storm Drain Project (Contract No. C05830). Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C05830 in the amount of $25,000.00. H. REQUEST FOR RATIFICATION of City Manager's Approval of Change Order No. 1 to Contract with Cleanair Transit for the Purchase of the Electric Shuttle (Contract No. C05750). Rec: By Minute Motion, ratify the City Manager's approval of the subject change order. I: REOUEST FOR AWARD OF CONTRACT for Curb and Gutter and Cross Gutter Repair Program (Contract No. C06060). Rec: By Minute Motion, award the subject project to J.H.T. Construction in the amount of $129,510.00 and authorize a ten percent contingency in the amount of $12,951.00. 2 Nu.`L1L REGULAR PALM DESERT ,TY COUNCIL MEETING T. APRI., 9, 1992 * * * * * * * * s * * --'s * • * * * * * * * * • * *- * * * * * * * * * * * * K. REOUEST FOR APPROPRIATION to Cover Costs to Move Furniture, Files, Supplies, and Accessories for Civic Center Expansion. Rec: By Minute Motion, appropriate $2,908.50 from Unallocated Reserve to Moving Furniture/Accessories - Expansion Account #110-4159-3097 to move furniture, files, supplies, and accessories for Civic Center expansion. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C05600, Copeland and Associates, for 1992 Community Calendar. Rec: By Minute Motion, approve the subject change order in the amount of $1,291.00. t . CONSIDERATION of Letter from City of Rolling Hills Estates Requesting that the City of Palm Desert Support SB1861 Relative to Granting Local Law Enforcement Agencies Authority to Remove Unsafe Vehicles from Roadways in California. Rec: Refer to staff for report and recommendation. M. CONSIDERATION of Letter from Thomas S. Brachko Requesting Support of HR123 and S434 Relative to Establishing English as the Official Language of Government in the United States. Rec: Refer to staff for report and recommendation. N. L=R from Econo Lube N' Tune Withdrawing its Application for Proposed Project to be Located at the La Posada Shopping Center, Case No. PP91-7. Rec: Receive and file. O. REOUEST FOR APPROVAL of Agreement with Palm Desert National Bank for Disbursement of Loan Proceeds for the Brothers Buildings (Contract No. C0625Q). Rec: By Minute Motion, approve the agreement and authorize the Chairman to execute. Upon motion by Wilson, second by Wilson, the Consent Calendar was approved as presented by unanimous vote of the City Council. VI. ORAL COMMUNICATIONS - A MR. ED KIBBEY, stated that he represented the BIA. He said that with regard to Old Business Item A and staffs recommendation to establish a committee to review concerns, he would like to have input on it. Council concurred. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1992 s s s s s s s s s s s s s s s* s s s s s s s s s s s s s s s s s s s s s s MRS. MARIAN HENDERSON, 73-597 Pinyon Street, Palm Desert, stated she was anxious that the planting of palm trees "from the mountains to the sea", along the 52 miles from Palm Springs to the Salton Sea, be continued throughout the Valley and said other cities in the Valley were in favor of doing this. She said she felt we should think about preserving more of the trees that are dying in groves in Palm Desert and added that it seemed as if Palm Desert and Indio were the least interested in saving the trees that are dying. Mrs. Henderson stated she was sorry to see that for so long the flag flying at the Vietnam Memorial had been neglected and said she had replaced it. She expressed concern that the City was not taking proper care of this memorial which had been done entirely by public funds raised by Desert Beautiful and which was donated to the City. She added that she was informed in Washington, D.C., that this Vietnam Memorial was the first such memorial in the country. Mayor Pro-Tem Benson responded that staff would look into these concerns. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 67a - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE 345 AND AMENDING SECTION 2.52.470 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE EMPLOYMENT OF FORMER CITY EMPLOYEES. Mr. Altman stated that no changes had been made to this ordinance since introduction, and he recommended its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. ¢7$. Motion was seconded by Snyder and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None 4 11..1.lLAD REGULAR PALM DESERT — TY COUNCIL MEETING APRIL 9, 1992 * * * * s * s * * s$ __ * * * * * * s s s * * * * s * * * * * * s* s * * * R. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF THE ESTABLISHMENT OF A CITY COUNCIL POLICY REGARDING CREATION OF ASSESSMENT DISTRICTS FOR PUBLIC IMPROVEMENTS FOR NEW DEVELOPMENTS. Mr. Ortega reviewed the staff report, noting that the City had received a request from a developer in the City to form an assessment district to fund certain improvements for a new development. He added that the City had never done a new project under an assessment district. Councilman Crites stated that he personally would have a problem supporting this as a general policy and felt this would lower the home price and stick the cost of improvements in where the buyers will not see it. He said he saw advantages for the developer but not for the property owners, the new home owners, or the City. Councilman Wilson asked what advantages there would be for the City to do this. Mr. Ortega stated that a condition of approval for the project would be that the improvements be made; if not, there would be no project. He said the advantage would be that any savings accomplished by doing the improvements through an assessment district would be passed on to the homeowners. He added that the people purchasing the homes would have lower costs of financing those public improvements. Councilmember Benson agreed with Crites after what the City had gone through with other assessment districts, especially on Hovley Lane. She expressed concern that this would be a similar type of situation and that there would be ongoing problems in making sure everyone understands who is paying for what. Mr. Ortega stated that there would be a separate document approved by the City Attorney that would indicate all of the costs. Nothing would be hidden, and this would be part of the paperwork when people purchase the property. Councilman Snyder agreed that this was a way to cut down on up -front costs of financing the development. However, he expressed concern that if this becomes a policy, we might end up with developments that are not strong developments. There is the potential that a development might fail and the bonds would then go into default. He said he would want the Council to really look into any project that would use this method of financing improvements to be sure it is a "safe" project. Councilman Wilson added that he was not sure he had seen or heard the need for establishing such a policy. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, not enact a policy on this matter at this time. Motion was seconded by Benson and carried by a 3-1-1 vote, with Councilman Snyder voting NO and Mayor Kelly ABSENT. MR. CHARLES SWEET, 74-595 Pepper Tree, Palm Desert, addressed Council and said there was a real problem in that there was no development funding at this time available from any financial institutions. He stated that the 1915 Assessment District Act had been around for many decades but had not been as common in the last dozen years because developers were able to obtain development funds from real estate lenders to put in underground water and sewer systems. He said he had worked full time for three years in search of development funds and that they were not available at this time. He noted that Palm Desert Eldorado Partners had borrowed $5 million to build the subdivision on Eldorado Drive south of the Lakes Country Club and that the interest rate on that development loan was 25 % per annum. He said the sewer and water were completed and that curbs and gutters were in. The only way to abate this high cost so it does not get passed to the consumer would be funding of the 1915 Improvement Act. He said he had submitted a proposal that the 1915 District be approved in order to reduce the heavy costs. They had then been told that Council would need to adopt a policy for this type of district. Councilman Snyder stated that he had no problem with looking at such a policy and would have no problem with such a program when and if it is determined that the development will be a responsible development and would provide safe bonds. However, he said he would not approve a wide open procedure. Mr. Altman stated that it staff was not sure how to deal with this issue and felt perhaps it should be looked at as a blanket policy for everyone. However, he suggested that perhaps Council might wish to look at this on a case by case basis instead and appoint a committee to sit down and analyze any requests received. Councilman Wilson moved to, by Minute Motion, direct staff to analyze on a case by case basis any such requests for funding improvements through an assessment district and bring that analysis back to Council. Councilman Crites questioned the type of guidelines that would be used in the analysis and said he remained deeply concerned about this. Councilman Wilson added to his motion that an ad hoc committee be formed to set criteria and guidelines to be used in making justification for these types of requests. Motion was seconded by Snyder and carried by unanimous vote of the Council. 6 REGULAR PALM DESERT C'' COUNCIL MEETING APRIL 9, 1992 * * * * * s * s**$*_ y$ * * * s* * * s * s * * _* * s * * * * * s* B. REQUEST FOR COUNCIL DIRECTION RELATIVE TO SB1538 (KOPP) DEALING WITH CHANGES TO THE BROWN ACT. Mr. Altman noted that this item had come up at the last meeting and that he had asked Mr. Ortega to prepare a report regarding implications of the legislation to see whether Council might wish to direct staff to support the position of the League of California Cities. Councilman Wilson stated he had read two conflicting sets of data, one from the League and the other from Best, Best & Krieger and that he was uncomfortable with both sides. He said he felt there were some loopholes that needed plugging but that from what he read he did not feel Palm Desert was in violation. He said this might be an attempt to get at those agencies that are skirting around and conducting their business in secret but that he could not strongly defend either side. He added that he would just as soon thank staff for its report and let the League fight the battle. Councilman Crites stated that if this passes as proposed, there are things in it that would be significantly harmful to the City, such as attorney/client privilege and advice on potential lawsuits and what might bring a suit, etc. having to be given in open session. Councilman Wilson said he had not read the bill itself but had read the interpretations of both sides. Upon question by Councilmember Benson as to when the bill will be heard, Mr. Ortega responded that it was continued to April 8th but that it was still at the initial committee level and still had a long way to go. Councilman Wilson said that what he felt was unreasonable was the request that the District Attorney get all of these tapes filed with his office and that he could see a warehouse full of tapes if that went through. However, he said that like any legislation, this will be massaged through the committee process and some of the more unreasonable things will be taken out. He suggested that staff watch this very carefully and ask staff to suggest amendments that would make it more palatable, such as the District Attorney requirement and the disclosure matter. Councilman Wilson moved to continue this matter for two weeks in order for staff to find out what happened to this bill in committee and what is being proposed in the way of amendments. Motion was seconded by Crites and carried by unanimous vote of the Council. C. INFORMATIONAL ITEMS; 1. Palmer CableVision Update. Mr. Ortega reported that he and Ray Janes had met with Palmer CableVision relative to the rate increases as of April 1. He said the discussion revolved around whether 7 IINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1992 * * * * * * s s * * s * * s s s s * * * * s * * * s * s * * * * * * * * * s the rate increase was appropriate considering the City's regulatory powers and that Palmer CableVision had agreed to have its attorney look at the terms of the franchise and the enabling ordinance and get back to the City with their opinion. He added that they were entitled to an automatic 5% increase; anything above that the City would be concerned with. He said another concern was that they had broken down the basic rate into two basic rates in anticipation of a Federal law that would allow them to do so. That did not happen, and staff would be looking into this issue. Staff would also be looking at the status of the cable system within the City because the franchise provides that whenever there is better technology, it will be provided to the City. 2. Update on Tri-Cities Sports Facility. Mr. Drell stated that the Environmental Impact Report had gone to the Planning Commission. After hearing arguments, the Commission instructed staff to prepare a resolution recommending that the corporation yard be removed from the facility. The basis for this direction was that it was a very heavy industrial use being placed adjacent to a residential area. The recommendation was that the sports complex be approved and that the EIR be certified for that. He said that this was a Conditional Use Permit application, which normally go to the Planning Commission, and staff was suggesting that the Planning Commission recommendation be forwarded to the City Council for final decision. Councilman Wilson suggested that staff immediately begin looking for appropriate sites out in the Cook Street service industrial area for a corporation yard. Council concurred. 3. Status of Date Palm Grove. Mr. Shillcock stated that he was waiting for information from the developer. He said he had called today to get a tentative date for delivery of the pro forma but had not received a call back yet. He said if they cannot produce, staff will start looking for an alternative method of developing the facility. XI. CONTINUED BUSINESS A. REQUEST FOR CQNSIDERATION OF A WAIVER OF ORDINANCE NO. 642 WHICH REGULATES LIGHT POLLUTION (DSL SERVICE COMPANY, APPLICANT), Case No. PP-13 (Continued from the Meeting of March 26, 1992). Planner Steve Smith reviewed the staff report, noting that several individuals had been contacted following the last City Council meeting, including the City's Crime Prevention Officer, Fire Marshal, City of Rancho Mirage, City of Cathedral City, and a lighting A L\l 1rJ REGULAR PALM DESERT nY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * s * i•* * * * * * * * * * * APRIL 9, 1992 consultant for the Palomar Observatory relative to low pressure sodium lighting versus high pressure sodium. He said findings had been included in the staff report. Councilman Crites asked whether staff had talked with people from Palomar or local people who brought this matter to the City originally. Mr. Smith stated that he had not personally talked to these people but that Wendell Hindley with DSL Service Company had done so. He said the observatory people had advised that most of their observations took place between 1:00 a.m. and 3:00 a.m. Upon question by Benson, Mr. Smith stated that the parking lot lights would be turned off one hour after the last person leaves, and the remaining lighting would be the decorative lights. MR. KERMTT MARTIN, Southern California Edison, stated he had people on staff who could answer questions about color rendition. He said the high pressure sodium gives much better color rendition and is a more efficient source as far as getting light to a surface. He said his company sold both kinds of lighting and that the energy used is basically the same. He said the Price Club parking lot had high pressure sodium street lighting around the perimeter and low pressure in the parking lot itself. He offered to assist staff with technical reports. Councilman Wilson stated that in view of this project and all of the work that has gone into making the developer conform to the many City standards, he felt it would be inappropriate to put anything less than desirable lighting on the project. He said he could not see where this parking lot would make any difference in relationship to any other development down the street. Councilman Wilson moved to, by Minute Motion, determine the parking lot at DSL Service Company to be a Class 1 category where color rendition is important subject to the applicant using maximum 250 watt high pressure sodium units with the overall average not exceeding 2.5 footcandles on the parking lot surface. Motion was seconded by Crites and carried by unanimous vote of the Council. B. J.EOUEST FOR CONSIDERATION OF THE SELECTION OF A DEVELOPER FOR A 72-UNIT SENIOR HOUSING PROJECT (FORMERLY CABLE AND RYLEE) ADJACENT TO THE SENIOR CENTER (Continued from the Meetings of March 12 and March 26, 1992). Mr. Drell stated that proposals had been solicited from developers expressing interest in this project, with three being received. The proposal from Mr. Coty was approximately $3.1 million; Williams Development was $2,523,800; Descanso Partners development was approximately $2.45 million. In comparing the prices between the two lowest bidders, staff found that the Williams Development had probably overestimated their fees and if they were 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1992 ** s* s s s s s s s s* s* s* s s s* s s* s s s*** s* s s s s s s willing to pass on any savings in fees it would be closer to $2.5 million and would, therefore, would be relatively equivalent in cost with Descanso and it would then be a matter of design. He said both designs were presented to a group of seniors at the Joslyn Cove Senior Center, and their unanimous choice was the Williams Development project. Mr. Drell said staffs recommendation was that the Williams Development Corporation be selected and that staff be directed to begin negotiations with them on an agreement relative to the disposition of the land and working with the Housing Authority to execute a purchase agreement consistent with the proposal, modified by any fee reductions that can be worked out. Councilman Wilson moved to, by Minute Motion, accept the proposal from Williams Development with fee modifications as set forth by staff and to direct staff to begin negotiations with appropriate parties, including the Housing Authority, in the resolution of the use of the site and consistent with the directive set forth by the City Council. Councilman Snyder seconded the motion. Motion carried by unanimous vote. Mrs. Betty Williams addressed Council and said she was very grateful and appreciated being selected as the developer for this project. She said her firm would do a good job for the City. XII. OLD BUSINESS A. CONSIDERATION OF FEBRUARY 24, 1992, LEA 1 ER FROM DESERT SANDS UNIFIED SCHOOL DISTRICT REQUESTING THAT THE CITY OF PALM DESERT CONDITION ALL EXISTING PROJECTS AND PROPOSED PROJECTS UNDER PLANNING REVIEW TO PROVIDE FULL MITIGATION OF THE PROJECT'S IMPACT ON THE DISTRICT. Mr. Altman stated there was a report in the packets and said staff s recommendation was that the Council establish a committee of City and District staff to review concerns outlined in the report. Councilman Wilson said he was mystified by the accusations in this letter and had contacted a member of the Desert Sands Unified School District Board who indicated the letter sent by the former superintendent was sent in error and that the complaints of cities not cooperating was targeted at Rancho Mirage and there was no intent to insinuate that we had not been doing our fair share. He said the Board member indicated there was not a problem with the City of Palm Desert and that everything going on was fine. He recommended that Council take no action on this letter at all. Councilman Crites moved to TABLE this issue and take no action. Motion was seconded by Wilson and carried by unanimous vote of the Council. REGULAR PALM DESERT iY COUNCIL MEETING * * * * * s * s * * * s_ * * * s s * s s s * * * s s * APRIL 9, 1992 s* s s** s s s B. CONSIDERATION OF PROPOSED LEASE OF 2-1/2 ACRES ON RUTLEDGE TO DESERT SANDS UNIFIED SCHOOL DISTRICT (DSUSD). Mr. Altman noted the report in the packets and stated that Mr. Drell was available to answer any questions. Councilman Crites stated he remembered that the City looked at doing something with this particular strip of land and asked staff what had been considered. Mr. Drell responded that it was going to be a temporary YMCA facility. Councilman Crites asked if it would be appropriate to ask for comments from people in the neighborhood so nothing will happen without their knowing about it. Mr. Drell stated that the City could insist as a condition of the approval that there be a hearing and environmental review on the expansion just like any other project. Councilman Crites moved to, by Minute Motion, direct City staff to continue along the lines as outlined in the staff report dated April 9, 1992, with the condition that there shall be a public hearing on ne expansion. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REOUEST FOR COUNCIL DIRECTION REGARDING PROVIDING LOCAL PREFERENCE FOR LOCAL SUPPLIERS. Mr. McAllister reviewed the staff report and offered to answer any questions. Upon question by Wilson, Mr. McAllister said he had not seen the proposal that is on the City of Los Angeles June ballot relative to this issue. Councilman Wilson suggested that staff obtain a copy of the Los Angeles proposal and also contact Gary Burton of the South Coast Air Quality Management District, which has a process for award of bids where points are given for a variety of items, such as business location of the bidders. He asked that staff then provide that data to the Council for review. He said he would like the City of Palm Desert to take a leadership role that reflects the City's commitment to locally owned and operated businesses. Councilman Crites moved to continue this matter to the meeting of April 23, 1992, and direct staff to accomplish those goals as set forth by Councilman Wilson. Motion was seconded by Wilson and carried by unanimous vote of the Council. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1992 * * * * * s s s s * * s s * * s s s s * * * * * * * * s * s * * s * * * * * XIII. REPORTS AND REMARKS A. CITY MANAGER 1. $pringFest '92 Mr. Altman asked that this item be added to the Agenda dealing with contracting for services for SpringFest '92. Councilman Snyder moved to add this item to the Agenda for discussion. Motion was seconded by Crites and carried by unanimous vote of the Council. Mr. Altman stated that Council had previously authorized funds for SpringFest '92 but staff found that contracts will be necessary for specific items. He said staff s recommendation was that the City Manager be given authority to execute necessary contracts under parameters previously approved by Council. Councilman Crites moved to, by Minute Motion, authorize the City Manager to execute necessary contracts for various services for SpringFest '92. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Erwin requested a Closed Session with both City Council and Redevelopment Agency at the appropriate time pursuant to Government Code Section 54956.8, Real Property Transactions (acquisition of property in Section 4 immediately across from the Marriott's Desert Springs, owned by Rick Morelli). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: 1. Councilman Wilson stated he had read in the Desert Sun newspaper that the County on Tuesday approved the pass through agreements. He said he would like to publicly commend Carlos Ortega for the excellent job of negotiation to put together a very complex and intricate plan, with the end result that everyone will come out a winner. Mayor Pro-Tem Benson added that Supervisor Corky Larson had said the same thing at the BIA dinner and complimented the Cit of Palm Desert foi its work. 12 �1L\L 1t..� REGULAR PALM DESERT ',Y COUNCIL MEETING APRIL 9, 1992 s s s s s s s s s s s s.,_ • * * * * * * * s$ * s* s_ * * * * * * * s$ * s XIV. ORAL COMMUNICATIONS - B MRS. MARIAN HENDERSON, 73-597 Pinyon Street, Palm Desert, addressed Council relative to undergrounding of utilities in Palm Desert. She said Indian Wells, Rancho Mirage, and Cathedral City had put all utilities underground, and she asked when Palm Desert would do likewise. She said she had offered to pay whatever is necessary to have them put underground around her home and said there were seven utility poles in the vicinity of Ironwood and Pinyon. Mayor Pro-Tem Benson said it was her recollection that undergrounding would be done for new developments and not in the residential areas because of the high cost. Mr. Drell stated that all new developments were required to put new lines under ground; however, he said it was not practical to do it in the residential neighborhoods unless you do an entire block. Mayor Pro-Tem Benson stated that the Public Works Department would look into this situation and contact Mrs. Henderson. Mr. Ortega stated that when the feasibility study was done for Assessment District No. 83-1 on the south side, it included undergrounding of all power poles and services. The citizens decided at that time that the cost was exorbitant, and it was deleted. Only curbs and gutters were done. Councilman Crites asked where staff was in resolving the issue of infill projects and having to create assessment districts to underground utilities, i.e, the Oliphant project down Fred Waring Drive. He said staff was going to find a way to do it that did not require an assessment district so that people involved could not vote it out, etc. Mr. Altman responded that this matter would be on the next Agenda for Council to consider. Councilman Crites moved to adjourn to Closed Session at 5:30 p.m., said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Wilson and carried by unanimous vote of the Council. Mayor Pro-Tem Benson reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None '" VI. ORAL COMMUNICATIONS - C None 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1992 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF AWARDS TO WINNERS OF THE 1992 STUDENT ART & ESSAY CONTEST. Mayor Pro-Tem Benson, Contest Chairperson Carolyn Miller, and Civic Arts Committee Chairman Alvin O. Mark presented awards to the following: Best of Show - Essay - 'Casey Williamson, Grade 8, Palm Desert Middle School. Best of Show - Individual An - Ryan Spring, Grade 9, Palm Desert High School. Best of Show - Group Mural - Mrs. Ewing's 3rd Grade Class, Lincoln School. Award of Excellence - Perpetual Award 1992 - Principal Jackie Colarusso, Abraham Lincoln Intermediate School. Mayor's Special Award - Group Entry - Mrs. Killebrew's 5th Grade Class, Abraham Lincoln Intermediate School. Mural Category - Group Entries - Mrs. Marks and Mrs. Morris, Grade K, Washington School; Mrs. Bowman, Grade 1, Washington School; Mrs. Lyle, Grade 2, Washington School; Mrs. Nishikawa, Grade 3, Lincoln School; Mrs. Fuller, Grade 4, Lincoln School; Mrs. Crippen, Grade 5, Lincoln School; Mrs. Andrews, Grade 6, Palm' Desert Middle School; Mrs. Gundlach, Grade 7, Palm Desert Middle School; Mr. Winder, Grade 8, Palm Desert Middle School; Mrs. McDaniel, Grades 6-8, Lincoln East. Mural Category - Special Mention - Mrs. Flanagan, Grade 4, Lincoln School; Mrs. Weeks, Grade 5, Lincoln School; Mrs. Maldonado and Mrs. Cooper, Grade 6, Palm Desert Middle School. Art Category - Individual Entries - Emma Gill, Grade K, Washington School; Mark Basham, Grade 1, Washington School; Michael Wiener, Grade 3, Washington School; Mario Martinez, Grade 4, Lincoln School; Casey Carnes, Grade 5, Lincoln School; Melisa Menas, Grade 6, Palm Desert Middle School; Robi Taylor, Grade 7, Palm Desert Middle School; Eri Kawaguchi, Grade 8, Palm Desert Middle School; Sergio Escareno, Grade 8, Lincoln School East; Robert Wadham, Grade 9, Palm Desert High School; Jamie Zaffis, Grade 11, Palm Desert High School; Andrea Ballesteros, Grade 12, Palm Desert High School. Essay Category - Individual Entries - Ashley Rusin, Grade 1, Washington School; Lena Zuckerman, Grade 2, Washington School; Michael Wiener, Grade 3, Lincoln School; Laura Garner, Grade 4, Lincoln School; Jenny Fettig, Grade 5, Lincoln School; Lindsey Kline, Grade 6, Palm Desert Middle School; Allison Van Oosting, Grade 7, Palm Desert Middle School; Jason Magdael, Lincoln School East. L 14 REGULAR PALM DESERT^ITY COUNCIL MEETING APRIL 9, 1992 * * * * * * * * * * * * * * * * * * * * * * s_ * * * * * * * * * * * * Closing remarks were made by Councilman Buford A. Crites, and he thanked the Civic Arts Committee members and the Art and Essay Contest Subcommittee members for all their hard work. Mayor Pro-Tem Benson presented a plaque of appreciation to Mr. Alex Yaron for his efforts on behalf of the City as a member of the Civic Arts Committee for the past seven years. B. APPOINTMENT TO THE PROMOTION COMMt i i rt TO FILL THE VACANCY CREATED BY THE RESIGNATION OF DON ALEXANDER (Continued from the Meetings of March 12 and March 26, 1992). Councilman Crites moved to continue this item to the meeting of April 23, 1992. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. APPOINTMENT TO THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE TO FILL THE VACANCY CREATED BY THE RESIGNATION OF KAROL SCHOEN (Continued from the Meetings of March 12 and March 26, 1992). Mayor Pro-Tem Benson stated that she and Councilman Crites had interviewed the applicants and suggested that Joanne Swanson fill this vacancy. Councilman Snyder moved to appoint Joanne Swanson to the Riverside County Free Library Advisory Committee to fill the vacancy created by the resignation of Karol Schoen. Motion was seconded by Wilson and carried by unanimous vote of the Council. D. PROCLAMATION DECLARING THE MONTH OF APRIL, 1992, AS "EARTHQUAKE PREPAREDNESS MONTH" IN THE CITY OF PALM DESERT. Mayor Pro-Tem Benson read the proclamation and presented it to Emergency Services Coordinator Ken Weller. XVIII. PUBLIC HEARINGS A. REOUEST FOR CONSIDERATION OF MASSAGE ESTABLISHMENT PERMIT FOR AIDA GREY. Code Compliance Officer Bob Smith reviewed the staff report and offered to answer any questions. Mayor Pro-Tem Benson declared the public hearing on and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and she declared the public hearing closed. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1992 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s Councilman Wilson moved to, by Minute Motion, approve the massage establishment permit for Aida Grey Institute de Beaute. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF ANNEXATION NO. 1 TO LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 5 (COOK STREET AND COUNTRY CLUB DRIVE). Mr. Gaugush reviewed the staff report and offered to answer any questions. Mayor Pro-Tem Benson declared the public hearing Qmn and invited testimony in FAVOR of this request. None was offered. She invited testimony in OPPOSITION, and the following individuals spoke: MR. ROBERT BARCON, President of the Mountain View Falls Homeowners Association, requested that his development not be annexed in to this assessment district. He said the homeowners were opposed because they were already taking care of the center divider, they had a watering system with timer already in place, they already had a watering system hooked up to the new complex called Mountain View Falls LPD which would eventually become part of the association, they felt they could do a better job, they had competent gardeners at the complex eight hours a day, five days a week, and the sprinkler systems are tested once a week to be sure water is not wasted. He asked that they not be included in this district. MR. KEN JOHNSON, a resident of Sandcastle, said he was not necessarily opposed but questioned how the assessment district would affect him on his property tax bill and why just certain areas of Palm Desert are assessed for landscaping and lighting. He said he was already being assessed $600 per year extra just to live in that area, and he asked what his new costs would be with this annexation. Mr. Gaugush explained that there were a lot of other landscaping and lighting districts within the community. He said the intent of the district is to cover the costs of maintenance of median islands and parkway improvements as well as the lighting. He said if there were no costs associated with a person's particular residence, there would be no assessment. He added that at the present time there were no assessments programmed with this particular action. Mr. Tom Bassler, Public Works Department, said that the Sandcastle development was conditioned and developed within the County. One of the conditions of development was that a landscaping and lighting district be formed for the street lights and perimeter landscaping. He said there was a County district currently, called Palm Valley Landscape and Lighting District 85-1, and every resident of Sandcastle is being assessed by the County. He added that this has now been annexed into the City, and the City will basically be shifting it into District No. 5 and taking over the maintenance. r .V112i t. L rwi REGULAR PALM DESERT "''"Y COUNCIL MEETING APRLL 9, 1992 • * * * * * * * * * * * * * * * * * * * * * i *• * i # i # * i i # # i Mr. Gaugush stated for clarification that under the County district, residents of Sandcastle are paying maintenance costs for other areas such as Country Club, Dinah Shore, and properties that are not anywhere near the development. The fee structure for the City's district is significantly different in that the assessment will be for improvements directly adjacent to the development. Mr. Altman added that the City was working with the water district to make Country Club drought tolerant, and the costs will then come down. He added that every year an engineer's report is prepared and a public hearing is held before the City Council at which time the fees are set, so the residents will always know how much they will be charged and will have an opportunity to protest those fees if they feel they are objectionable. With regard to Mountain View Falls, Mr. Bassler stated that it was set up so that landscaping maintenance on Hovley Lane is provided by the homeowners association, which is being done now. Although they are within the boundaries of the district, if the City does not have a maintenance cost for that development, they will not be charged for anything. If at some time in the future the homeowners association petitions the City to take over the maintenance of it, the City has the mechanism to do so since they are already within the boundaries. Mr. Bassler reviewed the other developments being annexed into this district and offered to answer any questions. MR. STORMY DAYTON, a resident of Cathedral City and owner of land on Country Club Drive, spoke in opposition to the district and said it would not decrease in cost and would instead escalate. Councilman Crites took issue with comments made by Mr. Dayton that the City of Palm Desert goes out and does things without any concern for water and energy consumption, etc. He said as you drive down Fred Waring, Highway 111, and Highway 74, you will see the least expensive, least maintenance, least water use of all of the public medians anywhere in the Valley. He said the City started doing this seven years ago while many of other cities, including Cathedral City, are still in the business of rolling out turf and petunias, which he agreed was inexcusable in public property with taxpayers' money. He said he felt what was done on Country Club by other entities was not good policy and was not something that this City has done or will do. He said the Council honestly believed that making something attractive benefits everyone's property, but it is done in the most cost effective way possible. Mayor Pro-Tem Benson declared the public hearing closed. Mrs. Gilligan noted for the record that one written letter of protest had been received from Cassandra Johnson. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1992 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s Councilman Crites asked that it also be noted in the record for Mountain View Falls that as long as they continue to do as they are doing now, the district exists only on paper and does not assess them anything. Councilman Wilson asked where Mr. Dayton's property was located on Country Club. Mr. Bassler responded that it was the southwest section of Section 4 on Country Club. He said there were presently no improved medians along that section and there would probably be no assessment to his unless there are developed medians along there. He said this area was included because there will be some future development over the next couple of years. Councilman Wilson said that if there is an assessment, it will occur as part of a development plan for that r.'iar ,..:jr. Mr. Bassler agreed. Councilman Crites moved to: 1) By 4/5ths vote, overrule all protests to the annexation, 2) waive further reading and adopt Resolution No. 92-28, approving the annexation to the subject assessment district. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 8:25 p.m. Motion was seconded by Wilson and carried by unanimous vote of the Council. ATTEST: SHEILA R. GILLIGAN, CIT ERK CITY OF PALM DESERT, IFORNIA JEKI. BENSON, MAYOR PRO-TEMPORE y 4 18