HomeMy WebLinkAbout1996-06-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I. CALL TO ORDER
Mayor Snyder convened the meeting at 4:05 p.m.
II. PLEDGE OF ALLEGIANCE - Mayor Walter H. Snyder
III. INVOCATION - Councilman Robert A. Spiegel
IV. ROLL CALL
Present
Councilmember Jean M. Benson
Councilman Buford A. Crites
Mayor Pro-Tem Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Walter H. Snyder
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Mary P. Gates, Deputy City Clerk
Richard J. Folkers, ACM/Director of Public Works
Carlos L. Ortega, Redevelopment Agency Executive Director
Pat Conlon, Director of Building and Safety
Phil Drell, Director of Community Development
Paul Gibson, City Treasurer/Finance Director
Evelyn Bridges, Acting Director of Code Compliance
Paul Shillcock, Economic Development Manager
Lisa Constande, Environmental Conservation Manager
Ray Janes, Management Analyst 11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
V. ORAL COMMUNICATIONS - A
MRS. BARBARA BOWIE addressed the Council and stated that the new Multi Agency Library
had just completed its first month of activities. She noted that 1,096 new library cards were issued
in the month of May, they answered 8,340 detailed reference questions for citizens, had 16,271
items checked out, and had 28 volunteers put in 290 hours of community service. She said she
expects higher circulation figures for June because individuals with new library cards are only
allowed to check out two items at the beginning. She invited the Council to visit the library to
view the art of Jerry High on display in the adult reading room and said they would be doing a
press release about the artwork in the very near future.
VI. CONSENT CALENDAR
A. MINUTES of the Adjourned City Council Meeting of May 23, 1996, and the Regular City
Council Meeting of May 23, 1996.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 50, 51, and
52.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#309) by Max Thaler in the Amount of $1,454.39.
Rec: By Minute Motion: 1) Deny the claim and refer the Claimant to the Coachella Valley
Water District; 2) direct the City Clerk to so notify the Claimant.
D. CLAIM AGAINST THE CITY (#310) by Gene R. Gambale in an Unspecified Amount.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant.
E. CLAIM AGAINST THE CITY (#313) by Sayam Tachasooksaree in the Amount of $500.00.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant.
F. MINUTES of Charitable Contributions/Outside Agencies Committee Meeting of February 22,
1996.
Rec: Receive and file.
G. MINUTES of Sister Cities Committee Meting of February 26, 1996.
Rec: Receive and file.
2
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13,1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
H. MINUTES of Promotion Committee Meeting of April 17, 1996.
Rec: Receive and file.
I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1997 Community
Calendar (Contract No. C11340).
Rec: By Minute Motion, authorize staff to advertise and call for bids for the production of
the City's 1997 Community Calendar (Contract No. C11340).
J. REQUEST FOR APPROVAL of Change Orders for Electric Vehicle Charging Station Project
(Contract No. C10660).
Rec: By Minute Motion, approve Change Order Nos. 1 and 2 for G.J. Murphy
Construction in the total amount of $2,974.59.
K. REQUEST FOR ACCEPTANCE OF WORK for Palm Desert Community Walk Project
(Contract No. C09080).
Rec: By Minute Motion, accept the project as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
L. REOUEST FOR ACCEPTANCE OF WORK for Electric Vehicle Charging Station (Contract
No. C10660).
Rec: Removed for separate discussion under Section IX, Consent Items Held Over. See
that portion of the Minutes for Council discussion and action.
M. REOUEST FOR TERMINATION of Agreement between the City of Palm Desert and Palm
Desert Marathon Association.
Rec: By Minute Motion, direct staff to terminate the agreement dated October 26, 1995,
between the City of Palm Desert and Palm Desert Marathon Association.
N. REOUEST FQR APPROVAL of City Sponsorship of the 1996 Wildlights Presentation at The
Living Desert.
Rec: By Minute Motion, approve City sponsorship of the 1996 Wildlights presentation at
The Living Desert in the amount of $1,831.00 and add this to the Fiscal Year 1996/97
budget.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
O. REOUEST FOR APPROVAL of City of Hope Desert Children's Fun Run.
Rec: By Minute Motion, approve the City of Hope Desert Children's Fun Run on
November 17, 1996, and waive the City's normal fees.
P. $EOTJFST FOR AWARD OF CONTRACT for Curb and Gutter and Cross Gutter Repair
Program (Contract No. C11000, Project No. 753-96).
Rec: By Minute Motion, authorize the Mayor to enter into a contract with J.D.C., Inc. of
Rancho Cucamonga, California, in the amount of $244,638.93 and authorize a 5.8%
contingency in the amount of $14,189.05.
REOUEST FOR AWARD OF CONTRACT for Sidewalk Improvements on San Pascual
Avenue, Portola Avenue, Cook Street, and Hovley Lane (Contract No. C10750, Project No.
699-95).
Q.
Rec: By Minute Motion: 1) Award the contract to Jacobsson Engineering Construction, Inc.
of Palm Desert in the amount of $155,998.00 for the construction of the sidewalk
improvements on San Pascual Avenue, Portola Avenue, Cook Street, and Hovley
Lane (Project No. 699-95) and authorize a ten percent contingency in the amount of
$15,599.80; 2) authorize the Mayor to enter into a contract with Jacobsson
Engineering Construction, Inc.
R. REOUEST FOR AWARD OF BID for Stencil Paint Truck.
Rec: By Minute Motion, award the bid for a stencil paint truck to Kelly -Creswell Company
of Xenia, Ohio, in the amount of $58,577.00.
S. REOUEST FOR AWARD QF BID to Purchase Sod for Ironwood Park (Contract No.
C11110).
Rec: By Minute Motion, award the purchase and installation of sod for the Ironwood Park
to Valley Gardening Service of Palm Desert in the amount of $18,700.00.
T. REQUEST FOR APPROVAL of Transfer of Surplus Van to F.I.N.D. (Food In Need Of
Distribution).
Rec: By Minute Motion, approve the transfer of a surplus van to the F.I.N.D. organization.
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
U. REQUEST FOR EXTENSION of Landscape Maintenance Contracts.
Rec: By Minute Motion, approve an extension for the following landscape maintenance
contracts with Sir Michael's Enterprises: 1) Assessment District Zone #2, Haystack
Greenbelt, Contract No. C09941, in the amount of $22,644 ($1,887 per month) for
July 1, 1996, through June 30, 1997; 2) Assessment District Zone #5, Cook Street
and Country Club Drive, Contract No. C09931, in the amount of $34,260 ($2,855 per
month) for July 1, 1996, through June 30, 1997; 3) Assessment District Zone #6,
Hovley Lane West, Contract No. C09951, in the amount of $8,250 ($750 per month)
for August 21, 1996, through June 30, 1997; 4) Community/Ironwood/Cahuilla Parks,
Contract No. C09961, in the amount of $21,274 ($1,934 per month) for August 1,
1996, through June 30, 1997; and 5) Assessment District Zone #10, Dinah Shore
Medians, Contract No. C07412, in the amount of $1,443.75 ($131.25 per month) for
August 1, 1996, through June 30, 1997.
V. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for City -Wide Palm Tree
Trimming (Contract No. C11350).
Rec: By Minute Motion, authorize staff to advertise and call for bids for the annual City-
wide palm tree trimming.
W. RESOLUTION NO. 96-35 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth Its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that have been Microfilmed (May, 1996).
Rec: Waive further reading and adopt.
Councilman Spiegel asked that Item L be removed for separate discussion under Section IX,
Consent Items Held Over.
Upon motion by Kelly, second by Spiegel, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the Council.
VII. RESOLUTIONS
A. RESOLUTION NO. 96-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, DECLARING UNCLAIMED MONIES IN THE
CITY'S TREASURY.
Mr. Diaz noted the report in the packets and stated that Mr. Gibson was available to answer
any questions.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-36. Motion was
seconded by Kelly and carried by unanimous vote.
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 801 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 8.70 OF TIM PALM DESERT
MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE.
Mr. Drell reviewed the following proposed changes to the ordinance as a result of issues
raised by the Council:
Section 8.70.030 Commercial and multi -family properties' compliance with approved
Mau - Buildings, structures, and landscaping on commercial, multi -family, and
perimeter improvements and common areas within residential developments within the
City shall be maintained in a condition consistent with all approved plans on file with
the City and as installed at the time of final City inspection.
Section 8.70.080 Construction equipment. machinery. and materiall - Construction
equipment, machinery, or building materials of any type or description shall not be
parked or stored on any portion of the premises that is visible from the public right-
of-way or from adjacent r.,,r:,.Les except during excavation, construction, or
demolition operations conducted pursuant to an active building or grading permit for
the premises. In addition, vehicles towing cement mixers and other construction
equipment shall not be parked in public view for more than 12 hours at a location that
is not the site of an ongoing construction project.
Section 8.70.230 Nuisance vehicleg - Except as otherwise stated below, abandoned,
wrecked, or inoperative vehicles of all types, and parts thereof, are not permitted in
areas of property visible from the public right-of-way or from adjacent properties.
See also Palm Desert Municipal code Chapter 10.24. Likewise, highly unsightly
vehicles are not permitted in areas of property visible from the public right-of-way or
from adjacent properties and may be abated utilizing the procedures set forth in
Municipal Code Chapter 10.24. For purposes of this section, a "highly unsightly
vehicle" is a vehicle having such a poorly maintained exterior that its presence in
areas of property visible from the public right-of-way or from adjacent properties
substantially detracts from the appearance of the immediate neighborhood and/or
reduces surrounding r..,r.,.LJ values. For purposes of this section and Municipal
Code Chapter 10.24, a vehicle shall not be considered inoperative if, from all external
evidence visible from a public right-of-way or from adjacent p. 1.;..Les, the vehicle
reasonable appears to be operative.
Section 8.70.320 Parking and repairing of vehicles - Except to the extent allowed by
Palm Desert Municipal Code Chapter 8.32, it is unlawful for any person owing,
leasing, occupying or having control of any premises in any residential district in the
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
city, or for the registered owner, driver or any person in control of any passenger or
commercial vehicle, including all types of motorcycles to do, or to permit or allow
another to do the following:
A. Park passenger and commercial vehicles, including all types of motorcycles,
in front and corner side lots and vacant lots, at any time, except in designated
driveways or other designated parking areas, in any residential district;
B. Servicing, repairing, assembling, disassembling, wrecking, modifying or
otherwise working on any motor vehicles, parts, equipment, machinery, tools or other
automotive materials of any kind in public view in any residential district. Neither
this section nor Chapter 8.32 of the Municipal Code shall be construed as prohibiting
occasional minor repairs or maintenance performed in less than 8 hours, such as:
changing oil, spark plugs, and air filters; jump-starting a dead battery; and replacing
a flat tire.
Councilman Spiegel moved to waive further reading and pass Ordinance No. $Q1 to second reading,
amended to reflect changes noted by Mr. Drell. Motion was seconded by Benson and carried by unanimous
vote.
For Adoption:
None
IX. CONSENT ITEMS HELD OVER
L. REQUEST FOR ACCEPTANCE OF WORK for Electric Vehicle Charging Station (Contract
No. C10660).
Councilman Spiegel stated he had three concerns as follows:
1) The charging station looks like it is one pump short.
2) There had been discussions relative to doing something to disguise the charging station
a bit so it does not look like a gas station, and he hoped something would be done about that
soon.
3) He had not seen one electric vehicle being charged.
He suggested that the City's electric vehicles, when not in use, be parked at this facility so
that people driving by can see what the City is trying to do.
Mayor Snyder noted that this topic had been discussed at the last Civic Center Steering
Committee meeting. Staff presented a landscape plan that would cost approximately $6,000,
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
and it was hoped that this would take care of Councilman Spiegel's concerns with the facility
looking like a gas station.
Mr. Conlon noted that there were two pedestals not put in because of budget reasons (each
costs between $7,500 and $8,000). He stated that one each pedestal serves two vehicles, and
there are three pedestals currently at that facility to serve six vehicles. The spaces for the
other two spaces were already plumbed and had electrical power, but they were for two
future pedestals.
With regard to parking City electric vehicles at this location, Ms. Constande stated that the
three pedestals were for golf carts, and staff was looking at putting the three City golf carts
there. She noted there was a security issue regarding the golf carts, and staff was looking
at getting the keys changed so that they cannot be stolen. She added that the other two stalls
will be for full-sized vehicles and would depend on what vehicles the City purchases in the
future since the charger itself would have to match the type of vehicle to be charged.
Ms. Constande noted that Southern California Edison was under contract with the AQMD to
put in charging station infrastructure. She said they had approached the Marriott which
would be putting in a charger. In addition, they had approached the Palm Desert Town
Center and Desert Crossing, and they were all looking to put in one parking lot with one
charger. That money would be paid for under this grant opportunity.
Councilman Spiegel moved to, by Minute Motion, accept the project as complete and authorize the
City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Crites and
carried by unanimous vote.
R. NEW BUSINESS
A. REQUEST FOR APPROVAL of Design Change Order No. 3 for I-10 Cook Street
Interchange Contract No. C06390.
Mr. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer
any questions.
Councilman Spiegel noted that this was a large dollar amount for a change order, and he
expressed concern with the original contract being specific enough when it went out to bid.
He asked if perhaps some of the bidders who were higher and were not awarded the contract
could have known about this and figured it into their bids, thus making their bids higher.
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mr. Folkers responded that basically these items came up during the development of the
project. He said the award of the bid was based on the competency of the firm, and he did
not believe this caused any problems in that regard because this would have come up
regardless of what firm was awarded the bid.
Councilman Crites moved to, by Minute Motion: 1) Approve Design Change Order No. 3 to the
I-10 Cook Street Interchange contract in the amount of $107,103.00 for various design contract changes;
2) appropriate an additional $94,935.00 to the project account. Motion was seconded by Spiegel and carried
by unanimous vote.
B. REQUEST FOR CONSIDERATION OF ADDITIONAL FUNDING FOR DEEP CANYON
AT HIGHWAY 111 (City Project No. 633).
Mr. Diaz noted the report in the packets.
Upon question by Councilman Kelly, Mr. Folkers responded that this project would use City
unobligated general fund monies but that the City would be getting back some State funds
plus Measure A monies for Highway 111. Councilman Kelly said he understood that most
of the funding came from Measure A monies or the developer of the Lucky center. Mr.
Folkers responded that the City would be putting in money on Deep Canyon because the City
has to pay for what is outside of State right-of-way.
Councilman Spiegel moved to, by Minute Motion, appropriate up to $500,000 from the City's
unobligated General Fund Reserve to fund the engineering and construction of reimbursable improvements
within the State right-of-way at the intersection of Deep Canyon and Highway 111, City Project No. 633.
Motion was seconded by Kelly and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF SPEED ZONE STUDIES ON VARIOUS CITY
STREETS.
Mr. Diaz noted the report in the packets and stated that Mr. Folkers would answer any
questions.
Councilman Crites asked that staff, just for his education, bring in a copy of the whatever it
is in the State code that says the City can increase speed limits.
Mr. Folkers responded that staff would be meeting with the residents out on Hovley in the
near future, and as part of that meeting this information could be provided at the same time.
He added that staff would in the meantime provide Council with copies of the California
Vehicle Code which outlines the regulations for increasing speed limits.
9
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
s s s s s s * *** s s s s s s s s s s s s s s s s s s * s s s s * s* s*
Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. $Q3 to second
reading, rescinding Ordinance No. 644 and establishing a 50 miles per hour speed zone on Country Club
Drive from Monterey Avenue to Eldorado Drive; 2) waive further reading and pass Ordinance No. $ )4 to
second reading, rescinding Ordinance No. 650 and establishing a 40 miles per hour speed limit on Deep
Canyon Road from Magnesia Falls Drive to Fred Waring Drive, a 45 miles per hour speed limit from Fred
Waring Drive to Highway 111, and a 35 miles per hour speed limit from Highway 111 to Fairway Drive;
3) waive further reading and pass Ordinance No. $Ql to second reading, rescinding Ordinance No. 644 and
establishing a 45 miles per hour speed limit on Fred Waring Drive from Highway 111 to Cook Street.
Motion was seconded by Spiegel and carried by unanimous vote.
D. REQUEST FOR APPROVAL OF SURRENDER OF TOTAL T.V. OF CALIFORNIA
FRANCHISE AGREEMENT.
Mr. Diaz noted the report in the packets and offered to answer any questions.
Councilman Crites moved to, by Minute Motion, approve the surrender of Total T.V. of
California's (Total T.V.) Franchise Agreement upon the closing of its sale to Colony Communications, Inc.,
a wholly -owned subsidiary of Continental Cablevision, Inc. Motion was seconded by Spiegel and carried
by unanimous vote.
E. REQUEST FOR APPROVAL OF CONTRACT FOR COMPLETION OF PHASE ONE OF
THE PALM DESERT SOCCER COMPLEX (MASTER PLAN AND COST ESTIMATE),
Contract No. C11360.
Mr. Diaz noted the report in the packets and stated that representatives from the City's
Planning Commission and Parks & Recreation Commission were available to answer
questions.
Councilmember Benson asked whether moving the proposed solar powered electrolyzer site
out to Hovley would impact the soccer fields.
Mr. Drell responded that staff would then design the soccer complex to accommodate that
site.
Councilman Spiegel noted that this was one of the original locations for the Field of Dreams
project which was halted very early on because of the neighbors' opposition. He expressed
concern with spending S43,700 on a location the people may not want, and he asked whether
staff had discussed this project with the neighbors.
Mr. Winklepleck responded that staff had not contacted the neighbors at this point. He said
it was staffs intention, once this firm is under contract (if approved by Council), to have
representatives from Portola Country Club, Chaparral, Marriott, and Silver Sands to be at
the ground level to work on this and put out the fires prior to any public hearings.
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * a s s * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Kelly stated that this master plan and cost estimate basically had to be done to
see if the facility is feasible.
Councilman Crites agreed with Spiegel that the neighbors needed to be contacted. He said
if he lived in this area and found out that the City had already spent money for a study, he
would feel it was a done deal. He said he felt staff should go out and talk to the people first
to make sure the City does not give them the perception that this was planned first and they
were asked afterwards.
Councilmember Benson agreed.
Councilman Crites added that he would not be opposed to approving staff's recommendation
subject to meetings with the neighbors.
Councilman Crites moved to, by Minute Motion, authorize the Mayor to enter into a contract with
T.I. Maloney, Inc. and allocate $43,700 from Fund 233 for the completion of Phase One of the Palm Desert
Soccer Complex (master plan and cost estimate), subject to staff conducting meetings with surrounding
homeowners and soliciting information from them prior to beginning any master planning.
Councilman Crites stated that he appreciated the information included on page 2 of the staff
report explaining why staff chose this particular firm for the project, especially since he had
already received a telephone call relative to the fact that the proposed firm is not local.
MR. VAN TANNER, Parks and Recreation Commissioner, stated that one of the things faced
with in this community is that we are running out of space. He said the hope was to have
this facility up and running by Fall of 1997 for the beginning of the soccer season. He said
they would do as Council asked; however, many residents of the adjacent country clubs
would be gone on vacation.
Councilmember Benson stated that if the surrounding neighbors are not contacted, the Council
could be accused of running this project through during the summer.
MR. SABBY JONATHAN, Planning Commissioner, stated that he appreciated the Council's
sensitivity to the neighbors and surrounding areas. He agreed with approving the request
subject to meetings with the neighbors and getting them involved with the process from the
beginning. He added that he felt everyone could work together on this project.
Motion was seconded by Spiegel and carried by unanimous vote.
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * s * * * * * * * * * s s * * * * s s *
F. REQUEST FOR CONSIDERATION OF FREEWAY INTERCHANGE COMMERCIAL
ZONING.
Mr. Drell reviewed the staff report and offered to answer any questions. He said staff was
getting a lot of inquiries about development along the freeway interchanges. The question
is whether the Council wants staff to investigate creation of some alternative standards and
specifically regarding drive-thru fast food restaurants or more than one gas station per
interchange. He said right now the way the Code reads, only one gas station could be located
within 500 feet of another, and this would pretty much preclude more than one gas station
at each location. He said the complicating issue was that these interchanges are at boundaries
with the City and the County, and the County has no such restrictions.
Councilman Spiegel stated that he would like to see a map of what kind of space is being
talked about.
Mayor Snyder added because this falls within the zone of influence, the County is not
supposed to override the City's zoning unless it is a necessity.
Councilman Spiegel moved to, by Minute Motion, direct staff to take a little look at it, not a big
look at it, with a map of the kind of location being talked about, the signs being talked about, and the other
issues being talked about.
Councilmember Benson stated that in looking at it, it was important to look at things that are
now in effect in the City that we would not want to be impacted by changing what we do out
there; i.e., a drive-thru coming down on Highway 111 because there is one out on the
freeway, and you can't distinguish between the two. She said she felt it was important to
make sure that does not happen.
Mr. Drell stated that staff would come back with additional information.
Councilman Spiegel seconded the motion, and it carried by unanimous vote.
G. INFORMATIONAL ITEMS
1. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Cook Street
c. I-10/Monterey Avenue
Mr. Folkers updated the Council on these three interchange projects.
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
XL CONTINUED BUSINESS
A. CONSIDERATION OF REQUEST FROM THE CIVIC ARTS COMMl1 i ..r FOR A
LETTER OF SUPPORT FOR MR. IGOR HRUSCHEV RELATIVE TO A CULTURAL
EXCHANGE WITH RUSSIA (Continued from the Meeting of May 23, 1996).
Councilman Crites moved to, by Minute Motion, concur with the Civic Arts Committee and
authorize the Mayor to send a letter to Mr. Igor Hruschev in support of his proposal for a cultural exchange
with Russia and ask that he outline his proposal. Motion was seconded by Spiegel and carried by unanimous
vote.
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Proposal for McCallum Fiscal Audit
Councilman Crites moved to, by Minute Motion, add this item to the Agenda for discussion.
Motion was seconded by Spiegel and carried by unanimous vote.
Councilmember Benson moved to, by Minute Motion, approve the proposal from the accounting
firm of Maryanov, Madsen, Gordon & Campbell to perform the fiscal audit and other examinations
pertaining to the McCallum Theatre financial operations (Contract No. C11370). Motion was seconded by
Kelly and carried by unanimous vote.
B. CITY ATTORNEY
1) Report and Action on Items from Closed Session Made at This Meeting.
None
13
rs
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
2) Request for Closed Session
Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code
Section 54956.9:
Significant exposure to litigation pursuant to subdivision (b):
Number of potential cases:
Conference with Real Property Negotiator pursuant to Section 54956.8:
Property: APN Nos. 771-050-003, 004, and 771-060-002
Negotiating Parties:
Agency: City of Palm Desert
Property Owner: C.C. Meyers
Under negotiation: a Price Terms of Payment
C. CITY CLERK
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of the Formation of a Library Committee (Councilman Robert
Spiegel).
Councilman Spiegel stated that he felt it was important to make sure that what
happened during the first month of operation of the Multi Agency Library
continues. He said one of the problems is that it is on College of the Desert
property, and people driving by do not realize that it is a City library as well
as a College facility. He felt it was important to promote the Library to the
citizens, and he suggested formation of a Library Committee that would
consist of one Council representative (Councilmember Benson), one staff
representative (Director of Community Affairs Sheila Gilligan), an ex-officio
member from the Library (Mrs. Barbara Bowie), an ex-officio member from
the College Library portion, and five to seven community members. Their
focus would be to put together promotional activities for the Library (i.e.,
petting zoo, etc.).
Councilman Crites moved to, by Minute Motion, approve the proposal submitted by Councilman
Spiegel and direct staff to look into installation of appropriate signage that would allow people going up and
down Fred Waring Drive to know that this is a City library and that this signage is done as quickly as
possible so that it is completed by September when school starts again. Motion was seconded by Kelly and
carried by unanimous vote.
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
2. Councilman Spiegel noted that a letter had been received from Mrs. Dorothy
Contopulos of Lincoln School expressing concern with the fact that the
children are eating under a metal canopy for shade which becomes like a
furnace because of the summer heat. She said the school solicited quotes from
several companies for mist systems, and Creative Mist System provided the
best price at $5,800.00. Mrs. Contopulos, on behalf of the Lincoln School
PTA, was requesting that the City provide funding for this mist system. He
said he was concerned for the children and recommended that the City provide
50% of the funding through its matching grant program with the school.
Councilmember Benson noted that this program was already available to the
school and that the City would match projects brought in by the school. She
suggested that a letter be sent to Mrs. Contopulos advising this.
Councilman Crites added that if the school chooses this as a number one
priority, they can come to the City and state that it has educational benefits,
and the City will match it.
Mr. Diaz stated that staff would prepare a letter for the Mayor's signature
advising of the matching grant program.
o City Council Committee Reports:
1. Councilman Kelly noted that he had recently spent several days in Sacramento
talking to legislators. With regard to AB 1590, he said he felt it would not go
anywhere, and he said that Republican legislators were taking a hard line
position on it even though it would affect cities.
2. Councilman Crites stated that the CVAG Energy and Environment Committee
today voted to request that the Executive Committee, at its next meeting, direct
the MRF Transfer Station Task Force to also look at the handling of potential
unfunded closing costs for local landfills should we, as a result of having a
transfer station, choose to ship our refuse somewhere else. He said if we
don't choose to do that, then over the next ten years, those unfunded closing
costs will be brought down to zero. If we do that, someone will pay the bill,
and whether it ought to be us or not us, it was Energy and Environment's
unanimous feeling that right now is when we ought to be having that
discussion. He said he just wanted the Council to know that this will be
coming along, and he said he hoped the Mayor would be supportive of
directing the MRF Task Force to do this.
3. Councilman Crites stated that this fall's Local Government Commission
Conference is on successful government and school district board
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
collaboration. He said there are some things that have been done through
CVAG that are good examples of that, such as the matching grant program
with parents' clubs, the multi agency library, etc. He felt these should be put
together in a presentation and that several members of each group (i.e., Desert
Sands Unified School District interim superintendent and several board
members, and the same kinds of positions from the College of the Desert) be
invited to attend that conference with the City to see what else can be learned
about cooperative ventures. He said he felt we should be on the agenda for
probably having done more of this than most other communities and to share
what has been found to work and not work. Council concurred and asked that
the City Manager handle this.
XIV. ORAL COMMUNICATIONS - B
None
Councilman Spiegel moved to adjourn the meeting to Closed Session at 5:15 p.m., said Closed
Session to be held immediately following the Redevelopment Agency meeting. Motion was seconded by
Crites and carried by unanimous vote.
Mayor Snyder reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO MR. HOWARD MARGULEAS.
On behalf of the entire City Council, Councilman Crites presented a framed copy of the
Council Chamber mural to Mr. David Marguleas, son the Howard Marguleas. He said it was
the desire of the City to make sure that people coming to the City of Palm Desert are able
to experience the beauty of date groves. He expressed appreciation to Howard Marguleas for
providing the date garden in the Civic Center Park which he said will be a producing garden.
He noted that this is where Palm Desert got its name. He added that Mr. Marguleas was a
good friend and good samaritan to the City, and the trees will be taken care of.
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
XVIII. PUBLIC HEARINGS
A. PUBLIC MEETING ON PRELIMINARY ANNUAL LEVY REPORT FOR PALM DESERT
LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, FISCAL
YEAR 1996/97.
Mayor Snyder noted that the Council would take testimony relative to this matter but that no action
would be taken at this meeting. He declared the public meeting sarm and invited testimony.
MS. MARY SAFE, Palm Desert Country Club, stated she understood the money for the
lighting was supposed to come from the CSA (Community Services Area), and she asked
what happened to that money.
Mr. Tom Bassler responded that CSA 26 and 131 were dissolved by the County during
annexation of this area to the City, and existing funds from those districts were turned over
to the City in the amount of approximately $100,000. He said the money was being used to
pay for landscaping and lighting, and there would be approximately $75,000 left at the end
of this year. This would provide approximately two more years of ongoing maintenance
without any further assessments; however, at the end of that time, there would be no more
funds. Because of that, it was necessary to form a district to collect funds and pay for the
maintenance. He noted that a letter had been sent to Mr. Charles Ash of Palm Desert
Country Club explaining this process, and the letter was to have been distributed in the
homeowners association newsletter so that everyone would know what is happening.
MS. SYLVIA STEWART, resident of Primrose II, stated that her assessment was being
increased from $13.26 per year to over $200.00, and she asked for clarification of the
increase and what services will be provided for her area.
Mr. Bassler responded that the Primrose subdivision was still being fully developed. The
development, as a condition of approval, was required to be within an assessment zone. The
developer installed perimeter landscaping and, as has happened with other developments, the
developer declared bankruptcy and the bank took over the subdivision. The property owners
were being assessment for the zone in the Cook Street/Country Club area; however, now the
City was providing landscaping maintenance that the developer was previously taking care
of. He said the area had not been maintained, the Coachella Valley Water District shut off
the water because of a leak, and the bank taking over the property provided very limited
landscape maintenance. The increased assessment from $13.26 to $204.00 reflects what it
will cost to maintain that landscaping that benefits the entire development.
Mr. Folkers added that it is not unusual to have assessments of $200.00 to $300.00 per parcel
per year for landscaping districts.
Upon question by Councilman Spiegel, Mr. Bassler explained that the normal reserve for
these districts is half of the annual assessment. He said there is no money coming into the
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
district for the first six months each year, and a six-month reserve is necessary to continue
the maintenance. Upon further question by Councilman Spiegel, Mr. Bassler responded that
the $204.00 was needed to have a reserve and that the amount needed would decrease by
approximately $2,300.00 next year. This amount would be divided between the parcels for
a savings of approximately 30%.
Councilman Crites asked whether the bank still owned some parcels and whether it was
paying its fair share for those parcels, and Mr. Bassler responded that it was.
Upon question by a resident of Primrose 2, Mr. Bassler explained the boundaries of the
landscaping district noting that it was basically all around the outside wall.
Councilman Crites noted that similar circumstances had occurred with other assessment
districts in the past, and the City gave those residents the option of forming their own
homeowners' associations and tending to this themselves. They all decided to come back and
take the assessment district instead. He indicated that this same option was available for these
residents.
MR. BOB STONICK stated that homeowners in this area have taken a beating. He said the
streets are not finished yet, and there are problems on Hovley with the traffic and noise. He
said he did not see where the builder and the bank could be let off the hook. He noted that
there were six empty lots in the development, and he asked who would finish their streets.
Mr. Erwin stated that there was a bond for the development, and the City could go after the
bonding company. He added that he would look into this matter.
Mr. Stonick stated that he would bring up the matter of a homeowners' association with the
people who own homes in the area.
Mr. Erwin added that it was his belief that the City was already in litigation with the bonding
company.
Ms. Stewart asked whether the intent to form a homeowners' association would have to be
known prior to the next Council meeting, and Mayor Snyder responded that it would. Mr.
Bassler added that if a homeowners' association is formed, the assessment district could be
dissolved.
MS KELLY GOLDING, resident of Hovley Estates, stated that she did not have a problem
with the $39.64 per year assessment. However, she expressed concern that there was little
if anything being done in the area. She said her husband had been doing all of the
maintenance for the past month in the area.
Mr. Bassler stated that he had not met with any of the property owners for some time and
was not aware of these problems.
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ms. Golding added that these problems had been going on for a year and that residents had
been calling City Hall to complain. She added that the landscape contractor had not been
going out to that area once a week as he should have been doing.
Councilman Crites suggested that staff set up a meeting either Friday or Monday at the site
with the City Manager and Public Works staff to discuss with the residents the issues raised
here and report back to the Council.
Mr. Diaz stated that staff would meet with the residents next week.
With no further testimony offered, Mayor Snyder declared the public closed.
No Council action was required or taken on this matter.
B. CONSIDERATION OF REQUEST BY SANTA ROSA COUNTRY CLUB, INC., TO
PREZONE THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 5, T5S
R6E, O.S. (OPEN SPACE) AND TO CONSIDER ADOPTING A RESOLUTION
REQUESTING LAFCO TO TAKE PROCEEDINGS TO ANNEX SAID PROPERTY,
APPROXIMATELY 80+/- ACRES, GENERALLY LOCATED ON THE SOUTH SIDE OF
FRANK SINATRA DRIVE, WEST OF PORTOLA AVENUE, Case No. C/Z 96-3 -
Annexation #33 (Santa Rosa Country Club, Inc., Applicant).
Mr. Drell reviewed the staff report and offered to answerany questions.
Mayor Snyder declared the public hearing o n and invited testimony in FAVOR of or OPPOSED
to this request. No testimony was offered, and he declared the public hearing closed.
Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. $Qk to second
reading; 2) waive further reading and adopt Resolution No. 96-37 requesting LAFCO to take proceedings
for the change of organization known as Palm Desert Annexation No. 33. Motion was seconded by Spiegel
and carried by unanimous vote.
C. REOUEST FOR CONSIDERATION OF APPROVAL OF CHANGE OF ZONE FROM R-3
S.O. TO O.P. (OFFICE PROFESSIONAL), A PRECISE PLAN OF DESIGN, NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, AND PARCEL MAP WAIVER FOR
A PROPOSED 31,180 SQUARE FOOT TWO-STORY OFFICE BUILDING TO BE
LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE, EXTENDING WEST
FROM SAN PASCUAL AVENUE A DISTANCE OF 430 FEET, ALSO KNOWN AS APN
627-101-011, 012, 013, 014, AND 015. CHANGE OF ZONE REQUEST APPLIES ONLY
TO EAST AND WEST MOST LOTS OF THE FIVE LOTS, Case Nos. C/Z 96-2 and
Addendum tp PP 95-8 and PMW 95-21 (Narendra Patel and Dr. Suresh Shah, Applicants).
Mr. Drell reviewed the staff report, noting that this was an amendment to a project previously
approved by the Council on December 14, 1995, as a three -lot proposal for a 16,768 square
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
foot building. He noted changes to the proposed project as outlined in the staff report and
offered to answer any questions.
Councilmember Benson stated she felt the project would certainly add to that block.
Mayor Snyder declared the public hearing ogen and invited testimony in FAVOR of or OPPOSED
to this request. No testimony was offered, and he declared the public hearing closed.
Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. $QZ to second
reading, approving the change of zone; 2) waive further reading and adopt Resolution No. 96-38 approving
an addendum to PP 95-8 and PMW 95-23. Motion was seconded by Benson and carried by unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Mr. Diaz asked that the Council add an item to the Agenda which was discussed in Closed Session
relative to the Multi Agency Library funding.
Councilman Crites moved to add this item to the Agenda. Motion was seconded by Snyder and
carried by unanimous vote.
Mr. Diaz stated that this needed to have Council action at this time because of the timing involved.
He noted that at the budget session last week, staff identified in the 1996/97 Fiscal Year budget
approximately $200,000 to extend library services for the Multi Agency Library from the 32 hours
per week being proposed throughout the County to 48 hours per week. He said cost estimates were
received from the County relative to this extension of hours, and in order to have full service, it
would cost approximately $211,000 for 12 months. He noted that if only the circulation desk was
left open, the cost would be $100,000. Inasmuch as the funds had been appropriate, staff
recommended going ahead and advising the County that the City would opt for the additional 16
hours per week to provide full service.
Councilman Spiegel asked whether the approval could be for a lesser period of time, and Mr. Diaz
responded that it could. Spiegel suggested approving it for six months to see how much traffic
there is through the Library and how many books are being checked out and then analyze that
information.
Councilman Spiegel moved to, by Minute Motion, approve the request as outlined by staff for a
period of six months and direct staff to come back with a report and recommendation. Motion was seconded
by Kelly and carried by unanimous vote.
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 13, 1996
* * * * * * * * * * * * * * * * * * * * * * s * * * * * * * * * * * s * * *
Councilman Crites moved to adjourn the meeting at 7:50 p.m. to Closed Session. Motion was
seconded by Spiegel and carried by unanimous vote.
Mayor Snyder reconvened the meeting at 8:15 p.m. and immediately adjourned with no action
announced from Closed Session.
ATTEST:
MARY P. GAS , DEPUTY CITY CLERK
CITY OF PAL DESERT, CALIFORNIA
WALTER H. SNYDER, MA R
21