HomeMy WebLinkAbout1993-06-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 24, 1993
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:00 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder
M. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor Pro-Tempore S. Roy Wilson
Mayor Jean M. Benson
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, 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
Paul Shillcock, ACM/Director of Economic Development
Paul S. Gibson, Treasurer/Finance Director
Frank Allen, Director of Code Compliance
Pat Conlon, Director of Building and Safety
Dave Millheim, Director of Human Resources
Gregg Holtz, Acting Director of Public Works
John Wohlmuth, Environmental Conservation Manager
Ken Weller, Emergency Services Coordinator
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V. CONSENT CALENDAR
A. MINUTES, of the Regular City Council Meeting of June 10, 1993.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 52A, 53,
54, and 55.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#221) by Stanley A. Novick in an Unspecified Amount.
Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the
Claimant.
C-2. CLAIM AGAINST THE CITY (#223) by Jeffrey Dale Nadelman, Attorney and Counselor
at Law, on Behalf of Lisa J. Flower in the Amount of $515,711.00.
Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the County of
Riverside; 2) direct the City Clerk to so notify the Claimant.
D. PRELIMINARY SCHEDULE OF INVESTMENTS as of May 31, 1993.
Rec: Receive and file.
E. REOUEST 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.
F-1. REOUEST FOR APPROVAL of One -Year Extension of Contract with Carl Warren & Co.
for Liability Claims Administration (Contract No. C00863).
Rec: By Minute Motion: 1) Approve a one-year extension of Contract No. C00863 with
Carl Warren & Co. for Liability Claims Administration; 2) authorize the Mayor to
execute "Letter Agreement" dated June 2, 1993, extending the contract to June 30,
1994.
F-2. REOUEST FOR APPROVAL of Extension of Contract with Joe A. Gonsalves & Son for
Legislative Advocacy (Contract No. CO29901.
Rec: By Minute Motion, approve the extension of Contract No. CO2990 between Joe A.
Gonsalves & Son and the City of Palm Desert for Fiscal Year 1993-94.
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F-3. REQUEST FQR APPROVAL of One -Year Extension of Contract with LBT Engineers, Inc.
for Facility Management System (Contract No. C05840).
Rec: By Minute Motion, authorize a one-year extension of Contract No. C05840 for the
facility management service contract by the current company, LBT Engineers, Inc.
F-4. REQUEST FQR APPROVAL of One -Year Extension of Contract with G. Alan Smith for
Project Management Services (Contract No. C04403).
Rec: By Minute Motion, authorize a one-year extension of Contract No. C04403 for
services by the current Contract Project Manager, G. Alan Smith.
F-5. REOUEST FOR APPROVAL of One -Year Extension of Contract with Eric Johnson for
Landscape Specialist Services (Contract No. C03824).
Rec: By Minute Motion, authorize a one-year extension of Contract No. C03824 for
services provided by the current landscape specialist, Eric Johnson.
G. REOUEST FOR AWARD OF CONTRACI for Fred Waring Drive Repairs and Resurfacing
(Contract No. C06630).
Rec: By Minute Motion, authorize the Mayor to enter into a contract with E.L. Yeager
for the subject project in the amount of $88,329.00 and authorize a ten percent
contingency in the amount of $8,832.90.
H. REOUEST FOR AWARD QF CONTRACT for the Street Repair and Overlay Program
(Contract No. C06680, Project No. 761-93).
Rec: By Minute Motion, authorize the Mayor to enter into a contract with E.L. Yeager
for the subject project in the amount of $297,717.60 and authorize a ten percent
contingency in the amount of $29,771.76.
I. REQUEST FOR AWARD OF CONTRACT for the Crack Sealing Program (Contract No.
C07210, Project No. 751-93).
Rec: By Minute Motion, authorize the Mayor to enter into a contract with R.C.S.I. for
the subject project in the amount of $44,550.00 and authorize a ten percent
contingency in the amount of $4,455.00.
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J. REQUEST FOR AWARD OF CONTRACT for 1993 Slurry Seal Program (Contract No.
C0721A, Project No. 656-93).
Rec: By Minute Motion, authorize the Mayor to enter into a contract with IPS Services
for the subject project in the amount of $133,608.00 and authorize a ten percent
contingency in the amount of $13,360.80.
K. REQUEST FOR AWARD OF CONTRACT for Curb and Gutter and Cross Gutter Repair
Program (Contract No. C07450, Project No. 753-93).
Rec: By Minute Motion, authorize the Mayor to enter into a contract with Contreras
Construction Company for the subject project in the amount of $181,363.50 and
authorize a ten percent contingency in the amount of $18,136.35.
L. REQUEST FOR AWARD OF CONTRACT for Construction of Street and Traffic Signal
Modifications for Highway 111 and San Pablo Avenue (Contract No. C07500, Project No.
665-93).
Rec: By Minute Motion: 1) Award Contract No. C07500 to Dateland Construction for
the subject project in the amount of $92,278.00 plus a ten percent contingency of
$9,227.80 and authorize the Mayor to execute the agreement; 2) authorize the
appropriation of $27,597.80 from the Unobligated Measure A Funds.
M. REQUEST FOR CONSIDERATION of Improvements at the Intersection of Country Club
Drive and Washington Street.
Rec: by Minute Motion: 1) Authorize the City of Palm Desert to act as the lead agency
for this project; 2) authorize the City Clerk to advertise and call for bids for the
project (Contract No. C07630); 3) appropriate $250,000 from Unobligated Measure
A Funds.
N. REQUEST FOR APPROVAL of Final Tract Map 27709 (Westinghouse Desert Communities,
Applicant).
Rec: Waive further reading and adopt Resolution No. 93-51, approving Tract Map
27709.
O. REQUEST FOR APPROVAL of Final Tract Map 27709-1 (Westinghouse Desert
Communities, Applicant).
Rec: Waive further reading and adopt Resolution No. 93-52, approving Tract Map
27709-1.
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P. REQUEST FOR APPROVAL of Final Tract Map 27692 (D & F Development, Applicant).
Rec: Waive further reading and adopt Resolution No. 93-53, approving Tract Map
27692.
Q.
REQUEST FOR APPROVAL of Transfer of Dedicated Street Right -of -Way from the City
of Palm Desert to Caltrans for Highway 74 Bighorn Project.
Rec: By Minute Motion, authorize the Mayor to execute a Highway Easement Deed to
provide for the transfer of dedicated City right-of-way to the State of California
Department of Transportation.
R. REOUEST FOR APPROVAL of Amendments to the El Paseo Business Association By -Laws.
Rec: By Minute Motion, approve the amendments to the El Paseo Business Association
By -Laws to decrease the number of Board Members and modify the method used
to fill Board seats.
S. REQUEST FOR APPROVAL of Additional Appropriations for Project Area No. 4 Adoption.
Rec: By Minute Motion, approve: 1) an appropriation of $50,000 for legal services
needed for the formation and adoption of Project Area No. 4; 2) an increase of
$50,000 of the revolving loan account to the Agency established for costs associated
with the adoption of Project Area No. 4.
T. REOUEST FOR AWARD OF CONTRACT for Construction of Street and Traffic Signal
Modifications at Highway 111 and Portola Avenue (Contract No. C07440, Project No. 653-
93).
Rec: By Minute Motion, award Contract No. C07440 to Carney Brothers in the amount
of $205,540.00 plus a ten percent contingency in the amount of $20,554.00.
U. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for Demolition of a Sub -
Standard Dangerous Structure, 44-876 San Benito Circle, Palm Desert (APN 627-092-010-5).
Rec: By Minute Motion: 1) Authorize staff to advertise and call for bids for demolition
of a sub -standard dangerous building (Contract No. C07640); 2) appropriate
$15,000.00 from unappropriated General Fund reserves to fund the anticipated cost
of the demolition; 3) authorize staff to award the demolition contract (Contract No.
C07640) to the lowest qualified bidder; 4) authorize asbestos report and, if
necessary, authorize asbestos removal prior to start of demolition; 5) upon release
from the City Attorney, authorize start of demolition.
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V. CONSIDERATION OF REQUEST for Appropriation of $3,000 for a Study by College of
the Desert for Airlines Task Force.
Rec: By Minute Motion, approve the appropriation of $3,000 as outlined in the
memorandum dated May 25, 1993.
W. REQUEST FOR APPROVAL of Revised Resolutions for the Project Area No. 2 Revolving
Loan Fund.
Rec: Waive further reading and adopt Resolution No. 93-54, revising and superseding
City Council Resolution No. 86-112A, which established a revolving loan fund for
the Palm Desert Redevelopment Agency for Project Area No. 2.
X. REQUEST FOR APPROVAL of Revised Resolutions for the Project Area No. 3 Revolving
Loan Fund.
Rec: Waive further reading and adopt Resolution No. 93-55, revising and superseding
City Council Resolution No. 91-118, which established a revolving loan fund for
the Palm Desert Redevelopment Agency for Project Area No. 3.
Y. REQUEST FOR CONSIDERATION of Resolutions for the Redevelopment Agency
Reimbursement to the City for the Costs Incurred with the North Portola Storm Drain
Construction.
Rec: Waive further reading and adopt Resolution No. 93-56, regarding the loan of
drainage funds to the Palm Desert Redevelopment Agency for the construction of
the North Portola Storm Drain Project.
Upon motion by Kelly, second by Wilson, the Consent Calendar was approved as presented by
unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
MR. ERIK LARSEN, 74-266 Fred Waring Drive, Palm Desert, addressed Council relative to
safety, traffic, and speed limit on Fred Waring Drive between Portola Avenue and Deep Canyon
and the safety of children going to and from school. He expressed concern with the traffic study
done from Friday, June llth, through Monday, June 28th, because it was done during the weekend
when school is not in session. In addition, the speed lines for the study were placed only in the
right (slower) lanes. He noted that the Sheriffs Department had indicated there was no way to
enforce the traffic laws because of the way the street is laid out. He stated he had met with the
Traffic Committee, which he felt was only interested in widening the street to six lanes instead of
the current four lanes.
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Mayor Benson stated that a report had been done following the meeting mentioned by Mr. Larsen
which had several suggestions, and she had requested that the City Manager place it on a future
City Council Agenda to see if some of those suggestions might be implemented. She noted,
however, that one thing which should be kept in mind is that Fred Waring is an east/west arterial
street through the City.
Mr. Altman stated that this matter would be placed on the City Council Agenda of July 8, 1993;
in the meantime, staff could provide Mr. Larsen with a copy of the report.
Councilman Crites stated that the same type of problem described by Mr. Larsen exists in other
parts of the City, and he asked Mr. Larsen what suggestions he might have to resolve the situation.
He asked that Mr Larsen give some thought as to what kinds of things about this community can
be used to slow down the traffic speeds and submit a letter to the City Council.
Mr. Larsen stated that he had spoken with members of the Sheriff's Department and had offered
his driveway to be used as an observation point by deputies but was turned down flat. In addition,
he said he had suggested having motorcycle officers to patrol in the City; again, he was turned
down.
Mayor Benson stated that these were the types of things the Council would like to know about.
She invited Mr. Larsen to come to the July 8th City Council meeting when this matter will be
discussed.
VII. RESOLUTIONS
A. RESOLUTION NO. 93-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING THE ESTABLISHMENT OF A
SERVICE AUTHORITY FOR ABANDONED VEHICLE ABATEMENT IN
CONJUNCTION WITH THE COUNTY OF RIVERSIDE AND PARTICIPATION CITIES.
Mr. Allen reviewed the staff report, noting that Assembly Bill 4114, adopted in 1990,
allowed for the establishment of a service authority in each county that would charge a $1.00
service fee on all vehicles registered in a participating county to provide a funding source for
the abandoned vehicle abatement program. This would replace the funds received from
landfill tipping fees. He noted that at least 51 % of the cities in Riverside County would need
to approve the program in order for the County to implement this program. He added that
Palm Desert would receive approximately $16,816.00 the first year, with approximately
$84,000 in five years. He recommended approval of the program.
Upon question by Councilman Kelly, Mr. Allen responded that each vehicle would have a
$1.00 additional charge on the registration each year. He added that the County of Riverside
would not take any action on this program until at least 51 % of the cities agree to participate.
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Upon question by Councilman Wilson, Mr. Allen stated that the funds would come to the
City of Palm Desert based on the number of vehicles registered in the City. With regard to
current costs of vehicle abatement, he said there was none because the City's towing
contractor tows the abandoned vehicles and makes his money when he takes them down to
the salvage yard.
Councilman Wilson said his only concern was adding yet another charge to citizens' vehicle
registration. He said if the County were to implement the program, he would want Palm
Desert to doing; however, he did not think Palm Desert should be one of the leaders in
approving this.
Councilman Kelly questioned why Palm Desert should join the program since it does not cost
the City anything right now to get rid of abandoned vehicles. He suggested perhaps waiting
to see what happens with the other cities and said that maybe the 51 % will not be reached.
Mr. Altman suggested two options: 1) continue the matter to the next meeting; 2) approve
the program contingent upon 50% of the other cities participating.
Mayor Benson moved to, by Minute Motion, continue this matter to the meeting of July 8, 1993,
and direct staff to do a study and find out how many other cities have approved this program. Motion was
seconded by Wilson and carried by a 4-1 vote, with Councilman Kelly voting NO.
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 723 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Hovley Lane East between
Portola Avenue and Cook Street; Hovley Lane East between Cook Street and Carlotta Drive).
Mr. Holtz reviewed the staff report, noting that engineering and traffic studies were
performed in both of the subject areas. As a result, staff recommended establishment of a
45 mile per hour speed zone on Hovley Lane East between Portola Avenue and Cook Street
and a 40 mile per hour speed zone on Hovley Lane East between Cook Street and Carlotta
Drive. He offered to answer any questions.
Councilman Kelly moved to waive further reading and pass Ordinance No. 723 to second reading,
establishing a 45 mile per hour speed zone on Hovley Lane East between Portola Avenue and Cook Street
and a 40 mile per hour speed zone on Hovley Lane East between Cook Street and Carlotta Drive. Motion
was seconded by Snyder and carried by unanimous vote.
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For Adoption*,
A. ODINANCE 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 TO CHAPTER 9.40 OF THE PALM
DESERT MUNICIPAL CODE RELATIVE TO GRAFFITI (Continued from the Meeting of
June 10, 1993).
Mr. Allen stated that at its last meeting Council asked that staff look at other cities and
CVAG to see what they are requiring as far as securing aerosol spray paints. He noted that
when he had written the memorandum in the packets, he did not have information about what
CVAG was doing. Since that time, he had spoken with Mike Cohen who indicated that
CVAG would be using this Ordinance No. 719 as a model ordinance for the Valley but that
it would be up to each individual city as far as the requirement for securing aerosol paint.
He added that he had sent letters to the merchants advising them of this ordinance; the only
complaint was received from Ace Hardware.
Upon question by Councilmembers Wilson and Kelly, Mr. Allen responded that the letter
specified what the City would be requiring the merchants to do with regard to the aerosol
paints, markers, etc.
Councilman Wilson stated that he continued to feel as he did at the last meeting that he could
support the ordinance with the deletion of Section 9.50.025 relative to storage of aerosol paint
containers and marking pens. He said if there is a lot of shoplifting of spray paints, the
merchants will take care of the problem themselves; however, he was not sure there is such
a theft problem.
Councilman Crites stated that another reason for locking up such items is so that they are not
sold to underage individuals.
Mayor Benson noted that the ordinance did not require merchants to actually lock up these
items but did require that they not be accessible without assistance from an employee. She
said Section 9.50.025 could be left in the ordinance and could be taken out later if problems
arise.
Councilman Kelly disagreed and said there might be merchants who spend a lot of money to
implement the requirements of the ordinance and then to change those requirements would
not be right.
Councilman Crites said that he felt sending letters to the merchants and receiving such a small
response was not an indication to him that the merchant community was unhappy with the
ordinance.
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Councilman Snyder stated that damages and costs for fighting graffiti in the City are getting
worse each day and that graffiti vandals had hit El Paseo and Highway 74 three weeks ago
and did about $6,000 worth of damage. He said there was nothing in the ordinance that
requires merchants to lock up the paint, and they could keep it behind the counter and provide
it to any customers requesting it. He added that he was in favor of the ordinance.
Councilman Kelly stated that if he thought this would stop the graffiti, he would be in favor
of adopting the ordinance; however, he did not feel this would even slow the graffiti down.
Mr. Altman stated that graffiti is the number one problem in the Nation, and this is the best
tool law enforcement has come up with. He added that he felt it would be better to outlaw
spray cans.
Councilman Wilson responded that the South Coast Air Quality Management District had
been in court for four to five years now because it attempted to ban aerosol cans. He
suggested that the ordinance be adopted with the deletion of Section 9.40.025 and that Section
9.40.025 be sent to the Chamber of Commerce Merchants Committee to workshop it with the
merchants, hold meetings with those who sell these kinds of materials, and bring back a
recommendation based on the workshopping. He said if the merchants were in favor of this
section, he felt it should then be added.
MR. DAVID DORN, part owner of Palm Desert Ace Hardware, commended the Council for
trying to enact a policy that would change the graffiti problem. However, he objected to
Section 9.40.025 of the ordinance since they would be the ones directly affected and
inconvenienced by the regulations. With regard to being the only merchants speaking out
against the ordinance, he said he had called other merchants to get their comments and was
advised that they would just have to do whatever was required. He said they were not able
to attend the meetings because they were held in the afternoon during business hours.
Councilman Snyder responded that the business owners could call the Councilmembers to
express their opinions.
Upon question by Council, Mr. Erwin responded that the Council could adopt the ordinance
with the deletion of the section in question. However, if Council then decides at a later time
that it wants to add that section back in, the ordinance would have to be reintroduced. If
Council wishes, it can adopt the ordinance as it is now and decide to do something else within
the 30 days before it is effective.
Councilman Crites moved to: 1) Waive further reading and adopt Ordinance No. 1.2 as is; 2) by
Minute Motion, direct staff to notify the Chamber of Commerce of the passage of this ordinance; 3) by
Minute Motion, direct staff to send letter to affected merchants advising them of the passage of the
ordinance, giving them an opportunity to respond within the 30-day referendum period. Motion was
seconded by Snyder and carried by a 3-1-1 vote, with Councilman Wilson voting NO and Councilman Kelly
ABSTAINING as he was not present when the ordinance was introduced.
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B. 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. Altman stated that no changes had been made since this ordinance was introduced, and
he recommended its adoption.
Councilman Wilson moved to waive further reading and adopt Ordinance No. 221. Motion was
seconded by Snyder and carried by unanimous vote.
IX. CONSENT ITEMS HELD OVER
None
R. NEW BUSINESS
A. CONSIDERATION OF APPEAL OF ORDER TO ABATE A PUBLIC NUISANCE
AND/OR FIRE HAZARD - Parcel Nos. 627-171-004-4, 005-5, 006-6, 013-2, and 014-3
(Carl Voce, Appellant).
Ms. Evelyn Bridges, Code Compliance Officer, reviewed the staff report and recommended
that Council deny the appeal and continue with the abatement under Chapter 8.20 of the Palm
Desert Municipal Code and Article 11.021 of the Uniform Fire Code.
Mayor Benson asked whether the appellant was present to speak to this issue. No one spoke.
Councilman Crites moved to, by Minute Motion, deny the appeal and require that the lots be abated
per Chapter 8.20 of the Palm Desert Municipal Code and Article 11.021 of the Uniform Fire Code. Motion
was seconded by Kelly and carried by unanimous vote.
B. REOUEST FOR CONSIDERATION OF RESOLUTION SETTING SOLID WASTE AND
RECYCLING COLLECTION RATES AND AMENDING THE COUNTY OF RIVERSIDE
LANDFILL CHARGE.
Mr. Wohlmuth reviewed the staff report and offered to answer any questions.
Councilman Kelly moved to: 1) By Minute Motion, ratify a 3.1 % solid waste collection rate
increase pursuant to the independent audit performed by Lund and Guttry as mandated by the Palm Desert
Municipal Code and the City's exclusive franchise agreement; 2) waive further reading and adopt Resolution
No. 93-54, rescinding Resolution No. 91-133 and Resolution No. 92-50 pertaining to the County of
Riverside Landfill tipping fee increase and the Solid Waste and Recycling collection charge increase,
respectively. Motion was seconded by Crites and carried by unanimous vote.
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C. INFORMATIONAL ITEMS:
1. Colony CableVision of California Update.
Mr. Ortega stated that he had nothing to report other than his memo in the packets
relative to complaints received.
Councilman Crites expressed concern with Colony Cablevision's telephone system
which he said does not allow callers to speak with a human being; in fact, he said he
had himself gone through the process several times and was not able to speak to a
person. He asked that staff discuss this situation with Mr. Merritt since their business
is a service to the people.
2. Status of Multi -Agency Library.
Mr. Diaz reported that the Publicity and Fund Raising Committee would be meeting
at 1:30 p.m. on Monday, June 28th, with the regular Library Committee to meet the
same day at 10:00 a.m. He said the Library was moving ahead, and it looked like it
would be ready to go to bid in a few months. He added that the plans would be
before the Council prior to going out to bid.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
A. REQUEST FOR RECONSIDERATION OF AN APPEAL OF A DECISION OF THE
ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST FOR TWO
TENANT IDENTIFICATION SIGNS (Southwest Medical Plaza, Appellant).
Mr. Diaz stated that this appeal was denied by the Council at its previous meeting; if Council
wished, it would need to vote to reconsider the item.
Mr. Erwin explained that Council would need to modify its rules which say the Council will
only reconsider an item at the same meeting at which the initial action was taken.
Councilman Wilson asked whether the Council could modify the rules for this specific case
without modifying for all matters, and Mr. Erwin responded that Council could do so if it
wished.
Councilman Wilson expressed concern that the appellant was not told the proper time at the
last meeting when this item was to be considered by Council.
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Councilman Crites stated that this not the City's error but was an error on their part, as
indicated in the letters included in the packets.
Councilman Wilson moved to reconsider this matter and give the appellant an opportunity to present
his case. Motion was seconded by Benson and carried by a 2-1-2 vote, with Councilman Snyder voting NO
and Councilmen Crites and Kelly ABSTAINING as they were not present at the last meeting.
Mr. Jeff Winklepleck, Assistant Planner, reviewed the signage history for this building,
noting that the Architectural Review Commission (ARC) was concerned that the signage was
turning into retail instead of professional signage. He said the proposal was for additional
identification signs with nine -inch bronze halo lit letters. The ARC felt that in addition to
going beyond the allowed square footage, the signage was too noisy. He recommended that
Council deny the appeal and uphold the denial of the ARC. He offered to answer any
questions.
Mr. Diaz noted for the record that at the last meeting Architectural Review Commissioner
Rick Holdren was present to answer any questions. However, he was not able to attend this
meeting.
DR. SURESH SHAH, 73-345 Highway 111, spoke as owner of the building and showed
photos of the building taken both during the day and at night. He said he felt the signs were
very professional looking and was also one of the most beautiful buildings in the City. He
said the additional signage being requested was so that they could balance the building. He
also took issue with the way total signage was calculated.
Councilman Crites asked whether the additional signage, if calculated per the City's
ordinance, would be within the allowable amount, and Dr. Shah responded that it would not.
MR. NARENDRA PATEL, 69-730 Highway 111, Rancho Mirage, spoke as the architect for
the building. He said the building was symmetrical and should be identical on both sides.
In addition, he said it was his client's desire that each of the tenants would have identification
signs.
DR. DAWN HUTCHINSON, tenant in the office building, stated that her practice was
internal medicine, which was primarily older and elderly patients. She said she had received
complaints from her patients who indicate they cannot find her office and feel she should have
a sign on the building. She added that she felt the addition of two identification signs to the
existing signage would be helpful to people rather than creating an eyesore.
Mayor Benson asked whether Dr. Hutchinson advises her patients that she is in the Southwest
Medical Plaza. Dr. Hutchinson responded that she did; however, she said her office was
- separate from that business.
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Councilman Crites stated he felt that when the building was first being done, the developer
should have come to the City and gotten approval of an overall sign program that would
indicate how many signs would be on the building. That way, this type of situation would
have been avoided.
Mr. Diaz stated that staff felt the Council should affirm the ARC decision on this case and
not modify the sign ordinance for this request.
Mayor Benson agreed and said she felt the Southwest Medical building was well identified.
She noted that when we go to Eisenhower Medical Center, we do not know where all of the
doctors are; however, we do know they are at Eisenhower,. and we can find them once we
get there.
MR. GUS HADAYA, Ultraneon Sign company, said he felt the signage was below the
allowable square footage per the City's sign ordinance and would balance the building.
Councilman Snyder asked why the appellant could not just take one of the signs from one side
and move it to the other side in order to balance the building. He added that staff indicated
the additional signage would bring the total to 81.5 square feet over the allowable signage.
Mr. Hadaya stated he had taken the City's ordinance and gone through it. He said he felt
staff had not calculated the signage properly and that the ordinance does not take dictate
whether it is a single sign or a group of signs.
Councilman Wilson said he felt the balance issue was important; however, as Councilman
Snyder indicated, that could be easily solved by moving one of the signs on the left to the
right. He said the basic issue was that of whether it is over or under the allowable square
footage, and all the Council can go by is the data it has.
Councilman Wilson moved to, by Minute Motion: 1) Deny the appeal and uphold the decision of
the Architectural Review Commission; 2) direct the sign maker if he has data to substantiate that the City
has miscalculated the total allowable signage for the building to bring it back to the staff and Architectural
Review Commission.
Mr. Diaz stated that while square footage was one issue, the Architectural Review
Commission also denied the request because of the aesthetics and the fact that the building
would look more like a retail instead of professional building.
Councilman Snyder seconded the motion by Wilson. Motion carried by a 4-0-1 vote, with
Councilman Kelly ABSTAINING.
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XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. I.R.S. (Interdisciplinary Resource Service)
Mr. Altman noted that he had distributed copies of memorandum to the City Council
regarding this program. He said he was not requesting any action at this time and
would be meeting with the City employees prior to the next Council meeting. He
asked that the Council review the memorandum dated June 21, 1993, and give him
any comments.
2. Plaque fQr Community Center & Gym
Mr. Altman noted the memorandum distributed to the Council and said the Coachella
Valley Recreation & Park District needed an answer by tomorrow relative the names
that should appear on the plaque.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Kelly and carried by unanimous vote.
Mayor Benson stated that the main issue was whether the plaque should have the name
of the person who is serving as Mayor at the time the facility is dedicated or if it
should be the Mayor at the time the project is approved.
Councilman Kelly stated that if the policy is to be changed, it should be done from
this time forward. He noted that the policy since he had been on the Council was to
have the name of the Mayor at the time the project was approved. He said this
seemed to be fair to everyone; fiowever, he added that he did not have strong feelings
one way or the other.
Councilman Snyder noted that one incident was the dedication of City Hall. He said
he was the Mayor when it was dedicated; however, Councilman Wilson's name is
shown on the plaque as Mayor since he as serving in that capacity when the City Hall
project was approved. He added that he also had no strong feelings either way.
Councilman Kelly moved to, by Minute Motion, formalize the existing policy by continuing to
identify on any dedication plaque that Councilmember serving as Mayor when the project was approved.
Motion was seconded by Crites and carried by a 4-1 vote, with Councilman Wilson voting NO.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code
Section 54956.9 (a), Existing Litigation (City of Palm Desert v. Tip Top Nails; City of Palm
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Desert v. William Frost; City of Palm Desert v. Thomas Wiems; City of Palm Desert v. Los
Angeles Homeowners Association; Security Pacific v. City of Palm Desert re: Iowa Trust and
related items; Ott v. City of Palm Desert; Chazen v. City of Palm Desert re: Cook Street
Undergrounding; Granite Construction v. City of Palm Desert re: Cook crossing; J.B.
Structures v. City of Palm Desert re: Cook crossing; City of Palm Desert v. Palm Desert
Mini Warehouse; City of Palm Desert v. Palm Springs Recycling re: Waste Management and
Palm Springs Recycling issue; City of Palm Desert v. Indian Springs Trust re: rent control)
and 54956.8, Real Property Transactions (Fox property; property owned by Steinberg).
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Councilman Wilson suggested that a subcommittee of staff and Council be
formed to revisit the issue of the names which should appear on dedication
plaques.
With no Council concurrence, Councilman Wilson withdrew his suggestion.
2. Councilman Crites asked when staff would be scheduling a meeting with the el
Paseo Business Association merchants.
Mrs. Gilligan responded that she had met with the president, Sonia Campbell,
who indicated that the Association had some by-laws that needed to be amended
and asked that we wait on the meeting. She added that the amendment to the
by-laws was done earlier in this Council meeting.
3. Councilman Crites noted the traffic problems at Monterey and Country Club,
and he said he would like to see where Palm Desert and Rancho Mirage were
in terms of solving that traffic intersection and also Monterey Avenue toward
the freeway.
Mr. Altman stated he had received a letter from the Rancho Mirage City
Manager suggesting a joint meeting some time in the fall.
Councilman Crites said he felt there was no reason either for the entire Council
to meet or to wait until the fall, and he suggested that the Mayors get together
and discuss these issues.
4. Councilman Kelly reported on the recent Sunline Transit Agency meeting
relative to adoption of the budget and adding a $.50 per ride flag drop charge •
for taxicabs. He noted that the City Council had approved a change to the Joint
Powers Agreement about a month ago that would allow Sunline Transit Agency
to handle taxicab regulation, graffiti program, and the new natural gas program.
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He stated he had given a new copy to the City Clerk yesterday and asked that
the Council review it but that no action be taken on it until we find out how the
City of Palm Springs feels about it.
5. Councilman Wilson noted the earlier action of the Council to continue
Resolution No. 93-57 to the meeting of July 8, 1993. He asked that staff find
out prior to that meeting whether the monies collected for this program would
go to the County or to all of the cities whether they vote for it or not.
o City Council Committee Reports:
None
XIV. ORAL COMMUNICATIONS - B
None
Councilman Crites moved to adjourn to Closed Session at 5:45 p.m. for the reasons stated by the
City Attorney, said Closed Session to immediately follow adjournment of the Redevelopment Agency
meeting. Motion was seconded by Wilson and carried by unanimous vote.
Mayor 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
XVI. ORAL COMMUNICATIONS - C
MR. VICTOR HASLER, 44-179 Elba Court, Palm Desert, addressed Council relative to Colony
Cablevision. He stated that several months ago the residents of Hidden Palms were approached
by Colony and asked to sign a five-year exclusive contract for services; in return for signing said
contract, they would receive additional channels, no charge for extra hookups, a lower rate, and
they would act as a collection agency, with Colony billing the Homeowners' Association one
amount and the Association having the responsibility to collect from the homeowners. He said the
CC&R's for the association did not permit the signing of a contract in excess of one year without
an amendment. A questionnaire was sent to the residents, and only two replies were received, both
indicating they did not want to sign and did not want to act as a collection agency. This
information was then given to Colony by telephone and also by letter. He noted that a copy of the
May 17th letter was given to Mayor Benson. In addition, he said he had received a written reply
from Colony dated June 1 l th.
Mr. Hasler said they felt Colony Cablevision had a monopoly and were placing homeowners'
associations in a position where if a five-year agreement were not signed, there would be no cable
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for that association, which he said is what he was advised by Colony by telephone. He said they
did not feel a company like this operating in Palm Desert should have that kind of authority, and
he asked that the Council take it under advisement to determine if this is the way the Council thinks
a company like Colony should operate in Palm Desert.
Councilman Wilson responded that Colony does have a franchise to operate in Palm Desert;
however, it is not an exclusive franchise. He stated that Mr. Hasler might want to start
negotiations with another cable company called Total TV.
Mr. Hasler stated that Total TV also wanted a five-year agreement.
Mr. Ortega stated that the City's franchise requires Colony Cablevision to provide cable service.
He said they had, in fact, been going to the country clubs and asking them to sign five-year
agreements. When City staff has asked the country clubs for copies of these agreements, we have
not been able to acquire them; Colony threatens to sue the clubs when they call and ask whether
they can give copies to the City. He said Colony cannot refuse to serve the country clubs and that
staff would look into the matter, set up a meeting with Colony, and come back to Council if the
matter cannot be resolved.
Mr. Hasler provided a copy of the June 11 th Colony letter to Mr. Ortega.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
XVIII. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION OF CONTINUED CITY COUNCIL/PALM DESERT
REDEVELOPMENT AGENCY JOINT PUBLIC HEARING ON THE PROPOSED
REDEVELOPMENT PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT IN
CONNECTION WITH PROJECT AREA NO. 4 OF THE REDEVELOPMENT AGENCY
(Continued from the Meeting of June 10, 1993).
Mr. Altman updated the Council/Agency Board on negotiations with the County of Riverside,
noting that the City originally started out by requesting 50% of the property taxes for this
area for capital improvements. He said a meeting had been held last Friday with several
representatives from both the City and the County. No conclusion was reached at the
meeting; however, he had asked that they County give us something in writing relative to
their position, which they assured would be provided by Tuesday, June 22nd. He said he was
told yesterday that the County would not approve of the 25 % of the property tax going to the
City; however, nothing was in writing at this time.
Mr. Altman stated that the options at this time were to: 1) proceed with the actions for
Project Area No. 4 as listed on the Agenda and then forward the matter to the County for its
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action; 2) continue the matter for two weeks to see whether the County will indicate its
position in writing.
Upon question by Councilman Wilson, Mr. Altman responded that the County was objecting
to signing off on Project Area No. 4 and did not want the City to receive any more than 25%
of the property tax monies, which is the same for a standard annexation and would amount
to approximately $400,000.00.
Councilman Kelly added that the County disagreed with what we thought the capital
improvements would cost. He said we asked them to get back to us with what they think it
would cost, and they indicated they would do so by Tuesday, which they did not do. In
addition, he said they had agreed to make a counter proposal but had not done that.
Councilman Wilson asked what would happen if the City were to follow option #1 as
described by Mr. Altman, forward it to the County, and the County then comes back with
a counter proposal. He asked whether we would have to go through the entire process again.
Mr. Ortega responded that the law does not require us to come to a settlement with the
County, but the situation was that if some kind of settlement is not reached, the County would
not adopt the ordinance it needs to adopt once the City takes all of its actions. He noted that
we are creating a project area in County territory. He said staffs recommendation was to
continue with the public hearing and then not file the annexation application until the County
has adopted that ordinance and until the time has run for any challenges to the Plan.
Mayor/Chairman Benson noted that this was a continuation of the joint meeting of the Palm Desert
City Council and its Redevelopment Agency.
ROLL CALL OF CITY COUNCIL MEMBERS:
anti
Councilman Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor Pro-Tempore S. Roy Wilson
Mayor Jean M. Benson
ROLL CALL OF THE REDEVELOPMENT AGENCY;
Ersamtz
Member Buford A. Crites
Member Richard S. Kelly
Member Walter H. Snyder
Vice Chairman S. Roy Wilson
Chairman Jean M. Benson
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Mayor/Chairman Benson reopened the joint City Council/Redevelopment Agency public hearing.
RDA Administrative Assistant David Yrigoyen stated that prior to continuing with the public
hearing, the City Council/Agency Board should consider adoption of Agency Resolution No.
272 relative to certain actions to be taken by the Redevelopment Agency on relocation
methods and low and moderate income housing and Council Resolution No. 93-59, electing
to receive certain tax revenues in connection with Project Area No. 4.
Member Wilson moved to waive further reading and adopt Resolution No. 2_71. Motion was
seconded by Kelly and carried by unanimous vote of the Agency Board.
Councilman Wilson moved to waive further reading and adopt Resolution No. 93-59. Motion was
seconded by Kelly and carried by unanimous vote of the City Council.
Mr. Yrigoyen stated that the purpose of the joint public hearing was to consider: 1) the
proposed Redevelopment Plan for Project Area No. 4 (the "Plan"); and 2) Environmental
Impact Report on the Plan, which includes an addendum. He requested that the following
documents be entered into the record: 1) Exhibit "A" - the affidavit of publication of Notice
of the Public hearing; 2) Exhibit "B" - the certificate of mailing of Notice of Public Hearing
to each property owner in the Project Area as shown on the last equalized assessment roll and
to persons, firms, or corporations which have acquired property within the Project Area from
the Agency; 3) Exhibit "C" - the certificate of mailing of Notice of Public Hearing to the
governing bodies of each taxing agency within the Project Area.
Mayor/Chairman Benson reviewed the order of procedure for the public hearing.
MS. FELICE ACOSTA, Rosenow Spevacek Group, Inc., addressed Council and stated that
the primary purpose of the Plan was to provide funds to improve the infrastructure and make
needed improvements to the area and also to provide for services that will be necessary once
the large portion of the area currently under County jurisdiction is incorporated in the City
of Palm Desert. She said the Plan had exhibits which outlined all of the necessary public
improvement infrastructure projects totalling approximately $23 million. She noted the
various documents in the report to Council and offered to answer any questions.
MR. PHIL MARTIN, Stevenson, Porto and Pierce, Inc., 18195 McDurmott East, Suite C,
Irvine, 92714, stated that his firm had prepared the Environmental Impact Report for Project
Area No. 4. He stated they had mailed the notice of information to the public for the 30-day
public review period. They prepared the draft Environmental Impact Report for the 45-day
comment period; at the end of that time, they had not received any comments. They then
prepared the Final Environmental Impact Report, which he said was in compliance with
CEQA and addressed the impacts of the project.
Mr. Yrigoyen requested that the following documents be entered into the record: 1) Exhibit
"D" - Agency Report to the City Council; 2) Exhibit "E" - Environmental Impact Report,
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including addendum; 3) Exhibit "F" - additional letters, comments, and responses, if any,
from responding agencies; 4) Exhibit "G" - written public communications regarding the
Environmental Impact Report; 5) Exhibit "H" - the proposed Redevelopment Plan for Project
Area No. 4; 6) Exhibit "I" - the Preliminary Report.
Mr. Yrigoyen noted that written comments were received from the County of Riverside
challenging the validity of the Plan, the Plan's compliance with CEQA, and the adequacy of
the General Plan. He stated that Exhibit "B" of Resolution No. 93-60 addressed those
comments. In addition, a letter was received from the Coachella Valley Water District
challenging the finding of blight. Because the letter was just received today, it would hinder
action on the Ordinance at this time. With regard to the comment received at the last public
hearing relative to eminent domain in the northwest corner of the project area, he said staff
felt the eminent domain action would not hamper the generation of financing for that
development. He noted that both Project Area No. 2 and Project Area No. 3 have a blanket
eminent domain process that would allow the Agency to pursue eminent domain actions in
those area; that has not hampered the ability of those developers to obtain financing. In
addition, the developer who brought up those concerns at the last meeting is currently
developing a shopping center project at Cook and Country Club (in Project Area No. 2), and
it has not hampered his ability to obtain financing for that development.
Mr. Yrigoyen requested that the written comments be entered into the record in the following
categories: 1) Exhibit "J" - taxing agencies' response to the Redevelopment Plan; and 2)
Exhibit "K" - public communications concerning the Plan.
Mayor/Chairman Benson invited testimony from the audience. No testimony was offered.
Councilman/Member Wilson moved to close the public testimony portion of the joint public
hearing. Motion was seconded by Kelly and carried by unanimous vote.
Mr. Yrigoyen stated that any further action would not be warranted at this time because of
the written comments received from the Coachella Valley Water District. He said staff
needed to come back with a response at the next meeting, and he recommended that the
remainder of the actions be continued to the meeting of July 7, 1993.
Councilman/Member Wilson moved to continue this matter to the meeting of July 8, 1993. Motion
was seconded by Wilson and carried by unanimous vote.
Chairman Benson recessed the Redevelopment Agency meeting to the close of the City Council
meeting.
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B. REQUEST FOR CONSIDERATION OF FISCAL YEAR 1993/94 ASSESSMENTS FOR
PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT
DISTRICT, ZONES 1 THROUGH 10.
Mr. Holtz reviewed the staff report, noting that all procedural and legal requirements of these
districts had been met for Zones 1 through 10. He added that this public hearing would
provide an opportunity for affected property owners to protest.
Mr. Erwin noted for the record that a letter had been received relative to the Waring Court
assessment district alleging a conflict of interest with his law firm (Best, Best & Krieger).
He said he did not agree that there was a conflict; however, to avoid any questions, he said
he would remove himself from any discussions relative to Zone 7, Waring Court, and had
asked Redevelopment Agency Counsel Bill Strausz to answer any questions that might come
up.
Mayor Benson declared the public hearing open and invited testimony from the audience.
MR. DENNIS MOLLOY, 74-825 Waring Court, reviewed the history of the assessments for
this district, noting that this assessment district was a condition of approval placed on the
developer by the City. When the residents purchased their homes, the developer did not
disclose this condition of development to them. In addition, he said he recently became
aware that two Deputy City Attorneys for the City of Palm Desert were representing the
developer. He said last year a zero assessment had been placed on this district, and the City
had agreed to stay neutral until the dispute between the developer and homeowners was
resolved. Upon question by Councilman Crites relative to who he wished to have pay for the
cost of maintaining the landscaping for the next year, he said they felt the developer should
assume that cost indefinitely because he failed to disclose the condition to the homeowners.
MR. TOM FRANCIS, Attorney representing the homeowners, said his clients felt they did
not own, maintain, or control the area of this landscaping and believed there was some sort
of agreement between the developer and the City. They also felt the City should seek remedy
from the developer because the developer deeded the land to the City.
Upon question by Councilman Crites, Mr. Strausz stated that under the Landscaping and
Lighting Act of 1972, unless that developer still owns the property the City would not be able
to charge him for the cost to maintain the landscaping. The City can only assess those
owners of the property that benefit from the maintenance of the landscaping.
Administrative Assistant Tom Bassler stated that at this time last year the developer, Ken -
More Enterprises, owned half of the parcels and still owns half of them now Last year the
assessment was deferred because of the conflict. The assessment amount for this year is
approximately $700.00 per parcel, which includes all expenses from last year plus this year's
assessment.
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Councilman Crites asked whether the Council could bill the entire amount to the developer
until this situation is resolved since there is the contention that a number of the homeowners
were not given notification of the existence of the pending assessment district.
Mr. Strausz responded that he did not feel Council could do this under the 1972 Act which
allows only properties that benefit from the district to be assessed for the maintenance of the
landscaping, and that must be in proportion to the benefits those properties receive.
Mayor Benson asked whether the assessments could be withheld until the lawsuits are settled.
Mr. Strausz responded that he felt this would be appropriate. He said he felt this was
between the developer and the property owners, and it would not be appropriate for the City
to get involved in the dispute.
Councilman Snyder stated that when Council deferred the assessments last year, it was with
the hope that the situation would be resolved by this time. He said the parties had a year and
were apparently no closer to a settlement now than they were last year.
MR. LOU MENENDEZ, resident of Waring Court, said he felt the City should get involved
in this situation and should not allow developers like this to operate in the City. He added
that he could not afford to pay this kind of money and felt the City should protect its citizens.
Mr. Molloy added that they had made every effort to try and bring the developer, Morton
Baruh, to the table to resolve this dispute.
Mr. Francis stated there was an agreement by the developer deeding land to the City; as part
of that agreement, it was understood by the City that the developer would inform the
homeowners that the district would be formed, and he felt the developer had breached that
agreement. He said he had proposed that the developer pay for the landscaping for five
years, including last year, this year, and the next three years, and then the homeowners
would take it over. He felt the homeowners would accept this proposal.
Councilman Kelly asked whether the Council could require the developer to do what Mr.
Francis has proposed. Mr. Strausz responded that he was not aware of any provision of the
law that would allow the City to require this, and without reviewing the agreement referred
to, he said he was not prepared to comment on it.
Councilman Snyder asked whether this district, Zone 7, could be removed from the rest of
the zones and continued to the next meeting in order to give Mr. Strausz time to review the
agreement.
MR. JIM McGUIRE, Muni Financial Services, said it would be better to continue the entire
- matter to the next meeting instead of pulling out this one piece because by doing so. Council
would actually be adopting a variance to the entire engineer's report. In addition, he said that
in dealing with the 1972 law, there was no way the Council could take action to require the
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developer to pay the assessment because the 1972 Act says it is the individual property
owners who are responsible to pay the assessment. He added that the Council, by saying the
developer was responsible, was in fact making a decision for the courts.
Councilman Wilson asked whether the Council could adopt this with the assessments for Zone
7 but suspend the actual levy of the assessments until such time as our attorneys have the
opportunity to look into whether there is something that might show that the developer is
responsible.
Mr. McGuire responded that he felt it would be better for Council to postpone the entire
matter to another meeting. He said that by adopting the resolution to approve the engineer's
report, Council was basically setting the assessments.
Mayor Benson stated she knew of another assessment district where the individual
homeowners took the developer to court and won, and she asked why these residents had not
yet taken this developer to court.
Mr. Molloy responded that they had been trying to resolve the dispute without having to end
up in the courts.
Councilman Crites suggested that everything be approved but that the City, for a second year,
put the money in for the landscaping.
Mr. Bassler recommended that at least the administrative costs be levied against all parcels.
That way it would show up on the escrow papers in case any of the property is sold in the
next year. He said if no assessment is levied and a property is sold, the new property owners
would have no way of knowing about the assessment district.
Mr. McGuire suggested that Council go ahead and assess the properties for this year's cost
and waive last year's cost for one more year.
Mr. Francis stated that there was a provision in the Subdivision Improvement Agreement that
the developer would form an association and in the event that no association was formed, the
developer would provide for a landscaping and lighting district. He said he felt what the City
had proposed they could resolve in Small Claims Court, and the City could proceed with the
assessment.
With no further testimony offered, Mayor Benson declared the public hearing closed.
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Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 93-62, approving
the final consolidation, annexation, and levy report, amended to assess the property owners of Waring Court
this year the amount of $100.00 as a portion of the administrative fee for the district, with the rest of last
year's fee and this year's fee to be held until next year, and unless there is a court judgment or settlement
to the contrary, at that time the full amount will be assessed; 2) waive further reading and adopt Resolution
No. 93-63, ordering the levy and collection of assessments as approved.
Mr. Strausz stated that the 1972 Act does not provide a mechanism to levy or collect only
a portion of the assessment and does not provide a mechanism to defer the assessment. He
said what concerned him about the proposal was that it treats some property owners
differently than others and might be construed that the City is somehow involved in this.
Councilman Crites' motion died for lack of a second.
Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 93-62, approving
the final consolidation, annexation, and levy report as presented or amended; 2) waive further reading and
adopt Resolution No. 93-63, ordering the levy and collection of assessments as approved, with direction that
Attorney Bill Strausz work with the attorney for Waring Court to review the applicable documents that were
signed to see if there are any legal loopholes that might assist the homeowners in clarifying responsibility
for the assessment district. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilman
Crites voting NO.
C. REOUEST FOR VACATION OF STREET RIGHT-QF-WAY -- FAIRHAVEN DRIVE
NORTH OF SAN JUAN AVENUE.
Mr. Holtz reviewed the staff report and offered to answer any questions.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request.
MS. SERENE WIESE, 72-764 San Juan, Palm Desert, spoke in favor of this street vacation.
With no further testimony offered, Mayor Benson declared the public hearing flogil.
Councilman Wilson moved to waive further reading and adopt Resolution No. 93-64, vacating a
portion of public right-of-way known as Fairhaven Drive subject to retention of any and all public utility
easements existing within the subject right-of-way. Motion was seconded by Kelly and carried by
unanimous vote.
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 24, 1993
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D. CONSIDERATION OF THE ADOPTION OF THE CITY MANAGER'S PROPOSED
FINANCIAL PLAN FOR FISCAL YEAR 1993/94.
Chairman Benson reconvened the Redevelopment Agency meeting at 8:25 p.m. to conduct a joint
public hearing on the proposed City and Agency budgets.
Mr. Gibson reviewed the staff report, noting that all changes from the Study Sessions had
been made. He stated that the estimated expenditures were $17,114,511; however, that
amount was reduced to $16,810.641 by the following transfers: 1) $35,000 transfer from
insurance reserves; 2) $258,370 transfer from capital project reserves. Estimated General
Fund Revenues were $16,978,300, which indicated that we have a balanced budget.
Mr. Gibson stated that the Charitable Contributions Committee had met this week and agreed
on the following:
Approve specific contributions without any additional items to review for Alternatives
to Domestic Violence ($5,000), Riverside County Child Care Consortium ($5,000),
and McCallum Theatre Presidents Club Membership ($1,000).
Approved Chamber of Commerce, YMCA, and RSVP contributions as listed in the
Preliminary Budget.
Placed on hold but budgeted for: Coachella Valley Counseling, F.I.N.D., and
Humane Society.
Decided to do a school program where a lump dollar amount is placed into a pot, with
specific actions to be taken upon further review. He noted the dollar amount in the
current budget was $14,000. The Committee discussed a figure of $30,000, which
would require Council approval for the increased amount.
Councilman/Member Wilson asked where the additional $16,000 was coming from if this was
a balanced budget.
Mr. Gibson responded that the overall difference between revenues and expenditures was
$168,000, and the $16,000 would come out of that amount.
Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this matter. No testimony was offered, and she declared the public hearing closed.
Mr. Gibson noted for the record that Recommendation #5 on the Agenda was worded
differently than the same recommendation on the staff report and that the staff report
recommendation was the correct one.
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MES TES
REGULAR PALM DESERT CITY COUNCIL MEETING JU E 24, 1993
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Councilman/Member Crites stated that it was with pleasure and gratitude to Mr. Gibson and his
staff that he would moved to: 1) Approve the factors used in calculating the Gann Limit per discussion and
waive further reading and adopt Resolution No. 93-65,, adopting the 1993/94 Appropriation Limit at
$25,754,843 as per calculation; 2) waive further reading and adopt Resolution No. 93-66, adopting a
program and financial plan for the Fiscal Year July 1, 1993, through June 30, 1994, as amended to increase
the amount for Charitable Contributions by $16,000; 3) by Minute Motion, approve the 1993/94 Fiscal Year
Budget for the Redevelopment Agency; 4) waive further reading and adopt Resolution No. 93-67, rescinding
Resolution No. 92-55 and adopting allocated classifications, authorized positions, compensation plan, related
employee benefits, and new Memorandum of Understanding for the 1993/94 Fiscal Year, effective July 1,
1993. Motion was seconded by Kelly and carried by unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Benson
adjourned the meeting at 8:35 p.m.
ATTEST:
/•
•
SHEILA R. GILLIGAN, CLERK
CITY OF PALM DESERT ALIFORNIA
JEI M. BENSON, MAYOR
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