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HomeMy WebLinkAbout1993-06-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Jean M. Benson IV. ROLL CALL Present: Excused Absence*. Councilman Walter H. Snyder Councilman Buford A. Crites Mayor Pro-Tempore S. Roy Wilson Councilman Richard S. Kelly Mayor Jean M. Benson Also Present: Bruce A. Altman, City Manager Doug Philips, Deputy City Attorney Sheila R. Gilligan, City Clerk/Public Information Officer Carlos L. Ortega, ACM/Executive Director of Redevelopment Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety John Wohlmuth, Environmental Conservation Manager Larry McAllister, General Services/Purchasing Officer V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 27, 1993. Rec: Approve as presented. 'MMLNUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUKE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 51 and 52. Rec: Approve as presented. C. MINUTES of the Regular Meeting of the Palm Desert Civic Arts Committee of Monday, April 12, 1993. Rec: Receive and file. D. LETTER OF RESIGNATION from Gale Koch from the El Paseo Improvement Area Board. Rec: Receive with sincere regret. E. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the Toro Peak Storm Drain (Phase I) Project No. 515-93 (Contract No. C07540). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids or the subject storm drain project. F. RELEASE OF SUBDIVISION IMPROVEMENT SECURITY for Tract Map 25711 (Affiliated Construction, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subdivision improvement securities for this project. G. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the Monterey Avenue Storm Drain (Project #510-93) (Contract No. C07550). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the Monterey Avenue Storm Drain project. H. REOUEST FOR APPROVAL of Notice of Completion for Emergency Temporary Bridge Improvements ( u iu). / - Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. I. CONSIDERATION OF REOUEST from El Paseo Business Association for Increased Enforcement of City Business License Regulations. Rec: By Minute Motion, refer this item to the Code Enforcement Department for review and report to the City Manager regarding required manpower, costs for implementing such a program, and a recommendation for action. 2 1LJ REGULAR PALM DESER" -ITY COUNCIL MEETLNG KNE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. CONSIDERATION OF REOUEST from El Paseo Business Association for Ordinance Change to Require all Businesses on El Paseo to Pay the Existing Assessment. Rec: By Minute Motion, refer this item to the Code Enforcement Department to create the appropriate amendment in conjunction with the City Attorney's Office and to initiate the amendment process. K. REOUEST FOR APPROVAL of Utility Easement for BLM/Santa Rosa Mountains Scenic Area Visitors' Center. Rec: Waive further reading and adopt Resolution No. 93-48, granting an easement for utility purposes to Southern California Edison. L. ROUEST FOR APPROVAL of Ratification of Resolutions Declaring a State of Local Emergency. Rec: By Minute Motion, ratify the adoption of Resolution Nos. 93-25 and 93-37. M. AWARD OF CONTRACT for Furnishings for New City Corporation Yard and New Park Satellite Maintenance Facility (Contract No. C07560). Rec: By Minute Motion: 1) Award the subject Contract to Steve's Office Supply in the amount of $14,508.16 plus 10% contingency for furnishing and installing various furniture for the new Corporation Yard and Park Satellite Maintenance Facility; 2) appropriate $15,958.98 from "Unallocated Reserve" to "Capital Office Equipment", Account No. 110-4159-415-4040. N. REQUEST FOR .PPROVAL of Measure A Local Street Funds Programs for Five -Year Program. Rec: By Minute Motion, approve the attached Measure A Local Funds Programs for fiscal years 1993-1998 for the Riverside County Transportation Commission. O. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Removal of Underground Fuel Storage Tanks (Contract No. C07610). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the removal of underground fuel tanks. P. REQUEST_FOR APPROVAL of Mutual Cancellation of Easement - City National Bank Property. Rec: By Minute Motion, authorized the Mayor to execute the subject document cancelling the effects of a non-exclusive easement in gross over property adjacent to the former City National Bank. 3 MINI, 1 ES REGULAR PALM DESERT CITY COUNCIL MEETLNG JUNE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson removed Item N for separate discussion under Section IX, Consent Items Held Over. Mr. Diaz asked that Item P also be removed for separate discussion. Upon motion by Snyder, second by Wilson, the remainder of the Consent Calendar was approved by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 93-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE PALM DESERT ANTI -GRAFFITI CITIZENS' VOLUNTEER PROGRAM AND AUTHORIZING VOLUNTEERS TO OPERATE CITY VEHICLES. Mr. Allen reviewed the staff report, noting that at the last meeting he had brought up the idea of citizens using City vehicles. He said the City Attorney's Office had looked into this and recommended that the Council adopt a resolution approving the policy. He noted this would also give the Sheriff's Department the ability to look into Department of Motor Vehicle records for the citizen volunteers. Councilman Wilson asked whether there had been any response to the press release relative to volunteers. Mr. Allen responded that there were approximately 12 volunteers at this time. Councilman Wilson moved to waive further reading and adopt Resolution No. 93-49. Motion was seconded by Snyder and carried by unanimous vote. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 721 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.86.090, 5.86.100, 5.86.150, 5.86.170, 5.86.220 AND DELETE SECTION 5/86/180 OF THE CITY CODE REGULATING MASSAGE ESTABLISHMENTS, BATHHOUSES, ESCORT BUREAUS AND INTRODUCTORY SERVICES. Mr. Allen reviewed the staff report, noting that this would eliminate the requirement to hold a public hearing to consider massage establishment permits. The Director of Code Compliance would have the authority to approve such applications, and public hearings would only be conducted for applications denied by the Director. 4 NIINL TES REGULAR PALM DESEF :ITY COUNCIL MEETLNG JUNE 10, 1993 * * * * * * * * * * *--* * * * * * * * * * * * * *—* * * * * * * * * * * * * This would also clarify the reasons for denial of applications for massagist or escort permits; if an application is denied, the City Manager or his designated representative may be the hearing officer, and his/her decision would be final. Council would not have to be involved in the public hearing process for denials. Councilman Wilson questioned the requirement for a medical certificate for communicable diseases and said it seemed inconsistent that we would not also require the same for barbers and hair stylists. Mr. Allen responded that this was a standard requirement that was included in the ordinances for most other cities. Mr. Phillips stated that one reason for the requirement might be the concern that if the massagist has a cut and the client does as well, there is the potential for a problem. Councilman Wilson responded that this could also apply to hairstylists and barbers and asked where do we draw the line. Mayor Benson agreed and said the medical certificate is required at the time of application. That person might be okay when examined and then three months later not be. She said it did not make sense if there is not going to be any followup exam at the time of renewal. Upon question by Councilman Wilson, Mr. Allen responded that this was fairly routine and that he had never had any applicants question the requirement. Councilman Snyder moved to waive further reading and pass Ordinance No. 721 to second reading. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. For Adoption; A. ORDINANCE NO. 719 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 9.40.010 AND 9.40.060; DELETING SECTION 9.40.030; AND ADDING SECTIONS 9.40.005, 9.40.025, 9.40.035, 9.40.045, 9.40.065, 9.40.075 AND 9.40.080 OF CHAPTER 9.40 OF 1'11LE 9 OF THE PALM DESERT MUNICIPAL CODE RELATING TO GRAFFITI. Mayor Benson noted that there were several members of the audience who wished to address this issue. Mr. Allen reviewed the ordinance, noting that one of the new portions of the code dealt with storage and display of aerosol paint containers and required that merchants selling these items have them in areas that are viewable by but not accessible to the public - a customer would not be able to get the items without assistance from an employee. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. DAVID DORN addressed Council as a merchant and said he had a problem with having to secure these items because the whole idea of spray paint is its convenience. He said he had spoken with merchants in Chicago, which has a stiffer ordinance, and they still have the graffiti problem. Mayor Benson noted that other cities have found that locking up aerosol paint and other items has reduced the amount of shoplifting by minors wearing baggy clothing to conceal the theft. Mr. Dorn stated he had spoken with a merchant in Los Angeles who put the spray paint completely away so that people had to ask for it. This merchant had a 33% drop in sales of spray paint, and he said this really concerned him. MR. LARRY DORN also addressed the Council and said if he was losing spray paint to theft, he would lock it up; however, this is not the case. He said he felt this was an ineffective law that would hinder their business and cost them revenue. Councilman Wilson stated that while he had no problem with the rest of the ordinance, he did have a philosophical problem with Section 9.40.025, Storage or Display of Aerosol Paint Containers and Marking Pens. He said by this section we are dictating to a merchant how to display and sell his merchandise. He asked if the next step would be to say we do not want any minors shoplifting alcohol and requiring merchants to lock up all alcoholic beverages. He said he would like to support the ordinance with the removal of this section dealing with mandating that merchants lock up spray paint and marking pens. Councilman Snyder stated there had been a lot of time and effort spent trying to do something about the graffiti problem. He said he recognized that this would be an inconvenience but felt the graffiti problem was getting to be just as dangerous as guns as far as property damage. He asked whether staff had looked into what other cities are doing in this area. Mr. Altman responded that a similar ordinance was brought to Council several years ago, and it was tabled at that time. He added that other cities have come to us and asked up to follow suit with what they are doing. Mr. Allen added that the Cities of Desert Hot Springs, Indian Wells, and Coachella all had similar ordinances. In addition, he said he was a member of the CVAG Graffiti Committee which is looking at a model ordinance for the entire Coachella Valley that would include this provision. He said a majority of the cities in the California which are adopting new graffiti ordinances or amending existing ones are including this provision. Councilman Wilson said if businesses are losing their merchandise to shoplifting, they would probably want to lock it up. He said he would rather see the marketplace take care of the problem instead of government mandating how people display their goods. 6 ..ILL 1. 1 GJ REGULAR PALM DESEF CITY COUNCIL MEETLNG JUKE 10, 1993 * * * * * * * * * * _' * * * * * * * * * * * * _' * * * * * * * * * * * * Councilman Snyder moved to continue this matter to the meeting of June 24, 1993, and direct staff to look at other cities as well as the Coachella Valley Association of Governments to see what they are doing and come back with a report. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. Mr. Dorn submitted material to the City Clerk to be considered by staff and the Council. IX. CONSENT ITEMS HELD OVER N. REOUEST FOR APPROVAL of Measure A Local Street Funds Programs for Five -Year Program. Rec: By Minute Motion, approve the attached Measure A Local Funds Programs for fiscal years 1993-1998 for the Riverside County Transportation Commission. Councilman Wilson said he had a problem with the listing of Measure A Local Funds Programs, specifically Items 16 and 17 (traffic signals at Gerald Ford/Monterey and Hovley Lane/Monterey). He said Monterey Avenue is a major transportation lane from Interstate 10 to the City of Palm Desert; rather than signals every 100 feet or so, he said he would rather see median strips put in with right turns in and out. He added that these two signals would create problems in the future. Councilman Snyder agreed that more traffic stops on Monterey Avenue would be intolerable; however, we are trying to make the street safer, slow down the traffic, and create better traffic flow. Mr. Altman stated that just because the projects are listed here does not mean they are going to be done. Mr. Folkers added that this was just an example of how the funds could be used and said the City needed to show that it will be using the Measure A funds instead of putting the money into the General Fund. Councilman Wilson expressed concern that he was told the same thing last year when the listing included a signal at Highway 74 and Haystack. That signal was just approved at the last meeting. Councilman Wilson moved to, by Minute Motion, approve the list to be submitted to the Riverside County Transportation Commission, with the proviso that staff be directed to analyze and do a study of the traffic on Monterey Avenue, which should be a thoroughfare to get the people into our community and not slow them down, and look at alternatives such as right turns in and out controlled by median strips. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. 7 MLNUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REQUEST FOR APPROVAL of Mutual Cancellation of Easement - City National Bank Property. Rec: By Minute Motion, authorized the Mayor to execute the subject document cancelling the effects of a non-exclusive easement in gross over property adjacent to the former City National Bank. Mr. Diaz stated that this item was withdrawn at the request of the applicant. No Council action was required or taken on this item. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF AN APPEAL OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST FOR TWO TENANT IDENTIFICATION SIGNS AT 73-345 HIGHWAY 111. Mr. Jeff Winklepleck reviewed the staff report, noting that the Architectural Review Commission felt the proposed sign was more appropriate for a retail building. He reviewed the history of this matter, noting that the total allowable sign area for this building was 124.5 square feet (83 square feet for the first floor, and an additional 41.5 square feet for the second floor). The total square footage of proposed and existing signage would be 205.5 square feet, which exceeds the allowable area by 81.5 square feet. He stated that the Architectural Review Commission reviewed the proposal on May 25, 1993, and felt the previous concerns still applied with regard to the sign area and clutter. They continued the matter in order to see if any acceptable alternatives were available. The applicant then requested that the Commission deny the matter so that he could appeal to the Council. He said staff recommended that the Council uphold the decision of the Architectural Review Commission and deny the request for signage. Mayor Benson asked whether there was anyone in the audience who wished to speak to this issue; there was no one present. Councilman Wilson moved to, by Minute Motion, deny the appeal and uphold the decision of the Architectural Review Commission. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. 8 �1Lr11LS REGULAR PALM DESER" 'ITY COUNCIL MEETLNG TUNE 10, 1993 * * * * * * * * * * * _ * * * * * * * * * * * * * -:. * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF PALM DESERTS CONTINUED PARTICIPATION WITH RIVERSIDE COUNTY IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (Contract No. C07570). Mr. Altman noted the memorandum in the packets and offered to answer any questions. Councilman Wilson moved to, by Minute Motion, authorize the execution of a three-year cooperative agreement with Riverside County for funding under the Housing and Community Development Act of 1974. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. C. REQUEST FOR CONSIDERATION OF UNCLAIMED MONIES IN THE CITY'S TREASURY. Mr. Altman stated there was a memo and resolution in the packets and offered to answer any questions. Councilman Snyder moved to waive further reading and adopt Resolution No. 93-50, declaring unclaimed monies in the City's treasury. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. D. :EQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE NEW CIVIC CENTER PARKING LOT (CONTRACT NO. C0698A). Mr. Folkers reviewed the staff report and showed plans for the new Civic Center parking lot. Councilman Wilson moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the new Civic Center Parking Lot. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. E. REQUEST FOR AEPROVAL OF CONTRACT WITH SCAQMD FOR SUMMER INTERN (CONTRACT NO. C07600). Mr. Wohlmuth reviewed the staff report, noting that this position was funded by AB 2766 monies. He stated that the intern would be working primarily on the City's Golf Cart Transportation Program and alternate fuel programs. He added that the scope of work was included in the packets, and he offered to answer any questions. Councilman Wilson asked whether the summer program would use up the City's AB 2766 funds. Mr. Wohlmuth responded that approximately $30,000 had accumulated in those monies to date. The $5,000 that we will be paying for this internship should be replenished by the end of the summer because the City receives approximately $5,000 in these funds quarterly from the South Coast Air Quality Management District. 9 MLNU TES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to, by Minute Motion, authorize the Mayor to sign the MOU between the City and SCAQMD for the provision of a Summer Intern utilizing AB 2766 funds. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. F. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to cable complaints received from May 19, 1993, through June 1, 1993. 2. Status of Multi -Agency Library. Mr. Diaz stated that he had nothing new to report at this time. He noted that staff was continuing to move along with the plans that were conceptually approved by Council at its last meeting. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF INVESTMENT OF CITY OF PALM DESERT MONIES IN THE COUNTY TREASURY POOL INVESTMENT FUND. Mr. Altman requested that Council continue this matter to the next meeting because staff is still doing some work on this matter with the City Attorney. Upon question by Councilman Wilson, Mr. Altman responded that staff and the City Attorney were continuing to work out the bonding details. In addition, he said they were also looking at whether we can contract with the treasurer rather than just invest with them. Councilman Wilson expressed concern that we have already lost two weeks due to continuing this item from the last meeting, and every week that goes by we are losing the advantage of the interest that the County Treasurer could get us. He asked whether Council could approve this in concept subject to the City Manager and City Attorney working out the legal details. Mr. Altman asked that the Finance Committee also be included. Councilman Wilson moved to waive further reading and adopt Resolution No. 93-45, authorizing investment of the City of Palm Desert monies in the County Treasury Pool Investment Fund, subject to final approval by the Finance Committee, City Manager, and City Attorney. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. XII. OLD BUSINESS None 10 �11.r l 1 ES REGULAR PALM DESER" -ITY COUNCIL MEETL\G JUNE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * *•-. * * * * * * * * * * * * XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Phillips requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.8, Real Property Transactions (133 acres near the corner of Portola Avenue and Gerald Ford re: Cal State University; 100 acres of residential land and a right-of-way easement located west of the Palm Valley Storm Channel approximately half a mile south of State Highway 111, owner Fox). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. Mayor Benson stated that she had attended the Palm Desert High School graduation ceremonies on Wednesday and that it was very interesting to see how well the students have done and how proud they are of their school. She noted that there were a tremendous number of school awards earned this year. XIV. ORAL COMMUNICATIONS - B None Upon motion by Wilson, second by Snyder, and unanimous vote of the Councilmembers present, Mayor Benson recessed the meeting to Closed Session at 5:05 p.m. pursuant to Government Code Section 54956.8, Real Property Transactions (133 acres near the corner of Portola Avenue and Gerald Ford re: Cal State University; 100 acres of residential land and a right-of-way easement located west of the Palm Valley Storm Channel approximately half a mile south of State Highway 111, owner Fox). She 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 XVI. ORAL COMMUNICATIONS - C None 11 MLNI:TES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 1993 * * * * * * * * * s * s * * * * * * * * * * * * * * * * * s * s * s * * * * XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO PALM DESERT HIGH SCHOOL 1993 GOLF TEAM. Mayor Benson awarded a plaque to the 1993 Palm Desert High School Golf Team in recognition of winning its second C.I.F. Championship. She noted that the team members were as follows: Grant Callahan, Brian Caswell, Betty Chen, Paul Cotterell, Michelle Deponte, Rocky Hill, Brian Lake, Chris Meyerson, Brian Potter, Jay Stewart, Mike Walton, Jeremy Whiting, and Coach Tim Kabeary. Coach Kabeary accepted the award on behalf of the team and noted that several of the team members had received full scholarships to different colleges. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF REDEVELOPMENT PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT FOR PROJECT AREA NO. 4. The following is a verbatim transcript of the joint Palm Desert City Council/Palm Desert Redevelopment Agency public hearing: JMB - Mayor Jean M. Benson BAA - Bruce A. Altman, City Manager CLO - Carlos L. Ortega, ACM/Director of Redevelopment RAD - Ramon A. Diaz, ACM/Director of Community Development SRW - Councilman S. Roy Wilson WHS - Councilman Walter H. Snyder SRG - Sheila R. Gilligan, City Clerk BC - Bill Carver JE - James Ellis MB - Mildred Barnett JMB The next item on the Agenda is a public hearing. And the public hearing is a request for approval of Redevelopment Plan and Final Environmental Impact Report for Project Area No. 4. BAA Yes, madam Mayor, this is a public hearing of both the City and the Agency. I'll just start the brief, and then we'll call on Carlos in a minute. This is something we've been working on for a long time - annexation of Palm Desert Country Club. When we started out, we had meetings with the people at Palm Desert Country Club, then we began meeting with the County to try to resolve some kind of 12 .MLr 1. 1 ES REGULAR PALM DESER" 'ITY COUNCIL MEETING * * * * * * * * * * * __ * * * * * * * * * * * * * _ * * * * * * *iNE * * 1 *• * 199* equitable financial situation where the City of Palm Desert could afford to take on Palm Desert Country Club without jeopardizing the health of our city. We were hopeful that by this evening we would have concluded the negotiations with the County. Unfortunately, we haven't. We're still trying to come up with what monies it's going to take to provide not only police services but also some of the capital improvements. The recommendation tonight is to continue this matter until June 24th, and we're hopeful that maybe we'll have an answer from the County. I personally would encourage folks that live in Palm Desert Country Club and that area that are really interested in pursuing the annexation to contact Supervisor Larson and the County folks to let them know your feelings so that we can try to get this things off dead center. If we don't complete our process by December, then we'd really have to wait another year because we wouldn't be able to get any of the tax money. And this happened to us before, and again Palm Desert just can't afford to get into that type of situation. So that's kind of the general opening, and unless there are questions of the Council, we'll ask Carlos to kind of go through the briefing for this evening. CLO Madam Mayor, we have advertised this as a public hearing of both the City Council and the Redevelopment Agency acting in joint session. For the folks out there, we have requested that this hearing be continued, so if you are here and you cannot be here in a couple of weeks and you want to give testimony, you should go ahead and do so. However, one of the things that is lacking as part of this hearing is, of course, we don't know at this time officially what the County's and the other taxing jurisdictions' response to our plan is. One of the items that is missing at this time is what we call the fiscal impact report in which the agencies (for example the County, the school districts, and all other agencies that levy taxes in your area) what their response is going to be to our plan. And the reason that is important is because, as you know, our plan is to take some of those taxes that are being levied by those agencies and to in turn use them specifically for your area for public improvements, for additional police services, and other public facilities that the City is planning for the future for your area. Some of you folks that were here for our citizen participation process I think had a chance to ask questions of our Police Department, our Fire Department, our Public Works Department, our Planning Department, on some of the specifics of what it is that we are going to do. And we talked about some of the projects. Today, we held a meeting with the County and the other taxing jurisdictions in which they presented us with a report. If that report had been ready a couple of weeks ago, we would have been able to respond and today we would not be seeking a continuance of the public hearing. However, under the Redevelopment Law, the Council cannot act on the ordinance to create the plan until we have answered the questions posed by the County and the other taxing entities. Essentially what it boils down to is we identified the number of dollars that we are going to be taking from those entities to do the improvements for your area, and under the procedure that we have to use, they look at the impacts that the withdrawing of those funds from them will create on the ability to continue to provide those services that they provide (for example, the County and the school districts). During the next week we will be looking at their comments and looking at the number of dollars that they're talking about. And part of this process is that we will negotiate what we call some tax sharing agreements because the formation of this project area is of course closely linked to the annexation of your 13 MLNUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * area. There is a double process; not only are we looking at the impacts of the redevelopment plan with the County but as the City Manager said we area also looking at the impacts of the City annexing you to the City and setting aside sufficient revenue so that we can provide the proper level of services and also be able to make improvements to your area. Our recommendation tonight is, of course, that we will continue it. However, based on the fact that we did finally get a report from the County today, we do not foresee any further continuation. The process will be that at the next meeting of the Council and the Agency, we should be able to close the public hearing, both on the Environmental Impact Report and on the Redevelopment Plan. If there are issues that are brought up either by yourselves or any other interested parties, we will answer those questions and adopt the ordinance at a subsequent meeting. The importance of us creating this in a timely manner is that, of course, we will be able to receive those monies beginning in Fiscal Year 1993/94, whereas if we don't complete the process by the end of July, we will not be able to receive any funds until 1994/95, and of course that will delay the implementation of the plan. So if you do have some comments, of course, you should present those to the Council. If somebody needs a very brief summary of what we're doing and what the creation of a redevelopment plan for your area is, my assistant Dave is here. If not, of course we would encourage you to come back next time, because by that time we will have a complete report and a report of the County and we will have a better idea on what the negotiating points with the County have been. And hopefully we will have reached an agreement by that time. So if people are here and wish to speak, you should let them speak. If not, they can come back in a couple of weeks. JMB Are there any questions of staff? Alright, I will open the public hearing. Is there anyone here that would like to speak at this time? BC Honorable Mayor and Councilmembers, my name is Bill Carver. I am the general partner of the property at the corner of Country Club and Washington. This has been shown on the...within the area that we are discussing tonight. I have a three-part question here, so I'll start with my first one, which is something that I should have asked staff a long time ago. We are in the middle of a project which has been approved by the County and which has been approved on a phase basis. Is the approval process and all of the entitlements that we received under the County going to be adopted by the City and, therefore, negate the necessity for us having another public hearing? I guess that's my first question and one that I should have asked on another similar situation that happened a little while ago but I failed to ask the question. JMB Carlos, would you like to answer him? CLO With regards to the creation of the Redevelopment Plan, there is a section of the Plan that talks about that. And basically those approvals that have been given are part of the Plan, and that zoning that exists is part of the Plan. And if the zoning were to change, the Plan is automatically amended to comply with that zone. I think the question is more appropriate 14 A LLr REGULAR PALM DESER TITY COUNCIL NIEETI\G JUNE 10, 1993 * * * * * * * * * * *. ___... * * * * * * * * * * * * * _ . * * * * * * * * * * * * to what happens from the City's standpoint when it annexes the County territory. And I think Ray can answer that. RAD Madam Mayor and members of the Council. It has been the policy of the City of Palm Desert that when property is annexed and it is in a development mode such as the shopping center Mr. Carver alludes to, the Council's policy has been that the approvals of the County continue to remain in effect, and therefore, those approvals that you have would continue. If there is any changes in building codes which would apply, that's different, but the approvals that you have you would be permitted to complete the center. That has been the City's policy consistently. BC Well, that's great, I'm not much good at public hearings. The next question is...it seemed to me just looking, I've read the thing, I guess I didn't read it closely enough, though. It seems that one of the great income producing capabilities within the district is being left out or it's jogging around the shopping center that is presently under construction that would help defray some of the costs of this thing. Was there some reason for that? CLO The shopping center is included within the area to be annexed. It is not within the Redevelopment Plan area at this time because it is currently in a County redevelopment area. One of the negotiating points that we're working with the County is an agreement that we tendered to the County for their consideration is that as part of this Redevelopment Plan and this annexation that they let us implement that County plan. And so even though it will technically be a separate project area, we are asking that they give us the County project area and let us carry out that redevelopment plan. We may need to have special legislation passed in Sacramento, but we have drafted that also, and as soon as we conclude our negotiations with the County we will both march up to Sacrament and get that so that this can happen. BC Okay, and lastly, and by far the most important, the map that you have there shows our property in black and at the bottom of the map it shows that the property in black is the only property that is subject to eminent domain. And I was wondering what that meant as far as our ability to develop the property. CLO The fact that we are including our ability to have eminent domain is so that in the future if there ever arose the need for us to, say, put a through street or to acquire a piece of property, we would have that ability, although in the Plan we don't have any particular activities that would identify a need to acquire any properties by eminent domain at this time. It's merely that we need to keep that ability because if we did not include that and later we wanted to have the ability to condemn any property, we would have to go through the whole process of doing the plan all over again. But there are no plans, there are no projects, that would require eminent domain at this time. BC I've got two problems. Number one, I've never seen a nine -acre street, square, which is the size of the property. The second is that this precludes me from getting financing, from doing long-term leases, from being able to develop my property. I would either like to see the property not be designated as being subject to eminent domain or for you to buy it. 15 MINT TES REGULAR PALM DESERT CITY COUNCIL MEETLNG JUNE 10, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CLO It is a comment that we should actually consider, and we will bring back to you an answer and a response to an issue that was brought up at the public hearing. BC Thank you very much. JMB Is there anyone else that would like to speak tonight? If you would, please step forward and give your name and address. JE Honorable Mayor, my name is James Ellis. I live at 43-340 Illinois Avenue. And I have some questions here. For example, it says that...I don't see where this redevelopment plan is going to do any good for the area that they're talking about, this area #4. For example, it includes Palm Desert Country Club, it includes Woodhaven Country Club, which has its own entity, has a homeowners association, pays for its own streets, and so forth, as does Palm Desert Resort Country Club, where I work, as the new development Indian Ridge Country Club. You're talking about implementing activities which will eliminate and prevent the spread or reoccurrence of conditions of blight in the project area. We've been doing pretty well. The only thing that we're concerned about, and it has been neglected in Palm Desert Country Club where I live, is the streets, and that's the County. The County should take care of those streets. We've been paying taxes on it for years and years. A lot of those streets haven't been touched in 30 years; I've lived here for 30 years. I don't see where we need a redevelopment plan to give a bunch of money for the protection of police, flood control improvements, all these things have been taken care of when the different country clubs have been built. And to tell you the truth, I am completely against the whole plan. I don't think we need it at all. We're taking care of ourselves, it is not a blight area. What are you going to give us with the money you're going to get. I've read over part of the development, you're going to fix our streets and so forth. The County should fix the streets. This is all I'm going to say. Thank you very much. SRW Would you like an answer to that? This is contingent upon the request for annexation. Once we annex that area, the County has no obligation to touch streets, provide police protection, fire protection, or anything else. We wi' have that obligation. So what we are trying to do is set up the financing mechanism so that we will have the money to provide those services and those improvements to the area once it becomes part of the City of Palm Desert, if it becomes part of the City of Palm Desert. JE Well, the point I'm trying to get at, Mr. Wilson, is when we get this money, the money they're talking about, there isn't that much to do in this particular area for the money. So I don't see any reason for the redevelopment plan. In fact, 1 don't see any reason actually myself to be joined in with the City of Palm Desert. SRW That was going to be my second question. Do you favor annexation or do you oppose it? JE I don't favor it, no. SRW Okay, thank you. 16 .'11..r1. tt REGULAR PALM DESET CITY COUNCIL MEETLNG JUNE 10, 1993 * * * * * * * * * * ._* * * * * * * * * * * * * * * * * * * * * * * * * * JE You bet. JMB Is there anyone else that would like to speak? MB I'm Mildred Barnett. I live on Massachusetts Court in Palm Desert Country Club. I, too, have lived there for over 30 years, 32 years to be exact. For all of these years, the County has completely neglected our streets. I see no hope of having the County do one thing for us. The only hope I see is for us to be annexed to the City of Palm Desert, and apparently the only hope we have of being annexed to the City is to have this redevelopment plan go through. So I am thoroughly in favor of having this redevelopment plan. JMB Thank you. Anyone else that would like to speak tonight? You will also have the June 24th hearing. Seeing no one else, I will leave the public hearing open. SRW I move we continue this item to our meeting of June 24th. WHS I'll second it, and thank you all for coming down. And hopefully, we'll finalize this at out next meeting. Thank you for being here tonight. JMB Please vote. SRG The motion carries by unanimous vote. (Note: Councilmen Crites and Kelly were absent.) XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Snyder, second by Wilson, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 7:30 p.m. ATTEST: r,�%ifs,/ SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ,/ A 1 JEAN M. BENSON, MAYOR 17