HomeMy WebLinkAbout1997-03-27MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 27, 1997
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 4:10 p.m.
H. ROLL CALL
Present:
Mayor Pro-Tempore Jean M. Benson
Councilman Buford A. Crites
Councilman Walter H. Snyder
Councilman Robert A. Spiegel
Mayor Richard S. Kelly
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk
John Wohlmuth, ACM/Director of Administrative Services
Richard J. Folkers, ACM/Director of Public Works
Phil Drell, Director of Community Development
Carlos L. Ortega, Redevelopment Agency Executive Director
Paul Gibson, City Treasurer/Finance Director
Pat Conlon, Director of Building and Safety
Mary P. Gates, Deputy City Clerk
III. ORAL COMMUNICATIONS - A
MR. PETE FREESTONE, 72-761 Tamarisk Street, Palm Desert, stated that several meetings ago
the Council had tabled an issue dealing with the Highway 111/Highway 74 corridor and whether or
not the City of Palm Desert was going to take it over. He said the biggest problem as he saw it was
the traffic signal timing. He said he had discussed this with Public Works Director Dick Folkers
who indicated a survey was presently being done by an outside party to determine whether this is a
way to synchronize these signals. He said he noticed the light at the intersection of Fred Waring and
San Pablo seemed to have a "smart sensor" which meant, for example, that when someone entered
the left turn lane to go south on San Pablo and the light was red, it would change to green (if the
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sensor sensed there was no traffic coming from the east on Fred Waring) without that person having
to wait for the light to cycle through. He asked whether that type of sensor could be installed on
Highway 111 also. Mr. Folkers responded that this was a possibility and that staff could discuss this
with Caltrans.
Mr. Freestone also asked that when the City considers the Highway 74/Highway 111 issue, it also
consider making the existing Highway 111 an alternate route, with Gerald Ford being made the new
Highway 111. He said this would be similar to what the City of Palm Springs did with Highway 111
through that city.
Councilman Crites stated that the City Council would look at this issue which came to it from the
Executive Committee of the 2010 Steering Committee. He said a report would be coming in the near
future on costs and alternatives.
Mr. Freestone stated that it would not be very long before the Cook Street overpass is complete and
available for use. He said he felt there was a problem at the intersection of Velie and Cook which
has a three-way stop, and he asked if there were plans to remove the stop and make it a signalized
intersection. Mr. Folkers responded that staff is looking at several different ways to make
improvements.
MS. BETTY TUMINELLO addressed the Council relative to a recent situation wherein she was
sitting under a tree reading her Bible and was suddenly surrounded by police officers with their guns
drawn. She said their arrival was in response to a telephone complaint that she was across the street
at a clinic on Painters Path pounding on the windows and trying to break down the doors. She said
people at the clinic were calling in false police reports. She also noted that one of the police officers
threatened that he would do everything he could to arrest her.
Mayor Kelly stated that this matter would be turned over to the City Manager who would meet with
Ms. Tuminello and the Chief of Police to try and resolve this issue.
IV. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 13, 1997, and the Adjourned Joint
City Council/Redevelopment Agency/Desert Willow Committee Meeting of March 18, 1997.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 51 and
51(prepaid), and 52.
Rec: Approve as presented.
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C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert Recreational
Facilities Corporation for Desert Willow Golf Course, 38-500 Portola Avenue, Palm Desert.
Rec: Receive and file.
D. RESOLUTION NO. 97-24 - 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 Business License & Code Compliance that have been Microfilmed.
Rec: Waive further reading and adopt.
E. CONSIDERATION OF REQUEST from Paul Johnson, Owner of Desert Patch Inn, for
Reimbursement of Overpayment of Transient Occupancy Tax for January, 1996.
Rec: By Minute Motion: 1) Direct staff to request an audit of Desert Patch Inn by MRC; 2)
if the audit verifies that an error was made when reporting, approve the requested
reimbursement of $171.00.
F. CONSIDERATION of Letter from Shadow Mountain Golf Club Requesting Paving of
Ironwood Street.
Rec: Refer to the Department of Public Works for report and recommendation at the City
Council meeting of April 10, 1997.
G. REQUEST FOR APPROVAL of Beer Concession for SpringFest '97.
Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages
on City -owned property in connection with a special event, SpringFest, scheduled to
be held April 20, 1997.
H. REQUEST FOR ADOPTION of Resolutions Setting Public Hearings for Consideration of
Street Right -of -Way Vacation for McMillon Drive Barrier Strips and Palm Desert Drive North
(Frontage Road) at Deep Canyon Road.
Rec: 1) Waive further reading and adopt Resolution No. 97-25, setting a public hearing to
consider the vacation of a portion of right-of-way known as Palm Desert Drive North,
westerly of Deep Canyon Road; 2) waive further reading and adopt Resolution No. 91:
2,h, setting a public hearing to consider the vacation of right-of-way known as Lot "D"
and Lot "E", being one foot barrier strips on Tract 2915.
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I. REQUEST FOR AWARD OF CONTRACT for Demolition of Esquire Apartments (Contract
No. C11620).
This item was removed for separate discussion under Section VII, Consent Items Held Over.
Please see that portion of the Minutes for Council discussion and action..
J. REQUEST FOR APPROVAL of Change Order No. 1 to the Warner Trail Street Improvement
Contract (No. C12120).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C12120 for the
additional construction bid items required for the completion of the project in the
amount of $2,660.78; 2) authorize the transfer of $2,660.78 from contingency to base.
K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Minor Storm Drain
Improvements on the West Side of Washington Street at Hovley Lane East (Contract No.
C12390, Project No. 518-97).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
L. REQUEST FOR AUTHORIZATION to Refund a Portion of Dog License Fee Issued to Linda
Kimball.
Rec: By Minute Motion, approve the request and authorize a refund to Linda Kimball in the
amount of $37.00.
M. REQUEST FOR APPROVAL of Consultant Services to Determine Revenue Projections for
Project Area No. 2 Pass -Through Agreements in Connection with Proposed School District
Boundary Change North of Frank Sinatra.
Rec: By Minute Motion, authorize an agreement with Rosenow Spevacek Group for
professional services in an amount not to exceed $10,000 for projections and analysis
of Project Area No. 2 pass -through agreement with Palm Springs Unified School
District (Contract No. C12400).
N. CONSIDERATION OF REQUEST from National Multiple Sclerosis Society for Waiver of
City Fees in connection with the Society's Annual Walk Against Multiple Sclerosis to be held
on April 13, 1997, in the Civic Center Park.
Rec: By Minute Motion, approve the requested waiver of City Fees and direct staff to notify
the National Multiple Sclerosis Society that said fee is waived as a donation to this
event.
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O. REQUEST FOR RATIFICATION of Councilman Buford Crites' Out of State Travel to
Washington, D.C. to Testify Before the House Subcommittee on Mountains Conservancy
Funding.
Rec: By Minute Motion, ratify the out of State travel to Washington, D.C. and authorize the
Director of Community Affairs to process an expense report in the amount of
$1,580.00.
Mr. Erwin asked that Item I be removed for separate discussion under Section VII, Consent Items
Held Over, of the Agenda.
Upon motion by Snyder, second by Spiegel, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the City Council.
With Council concurrence, Mayor Crites suspended the remainder of the Agenda at this time in order
to consider Items X-A and XII-A. Please see those portions of the Minutes for Council discussion
and action. Note: Mayor Kelly left the meeting at 5:30 p.m. following discussion of Item X-A
regarding leaf blowers.
V. RESOLUTIONS
A. RESOLUTION NO. 97-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 96-47, SECTION I,
SALARY SCHEDULE, RANGES AND ALLOCATED CLASSIFICATIONS, AND
SECTION II, EXEMPT PERSONNEL, RELATING TO THE CREATION OF A BUSINESS
SUPPORT DIVISION OF COMMUNITY DEVELOPMENT AND A REORGANIZATION
OF THE FINANCE DEPARTMENT.
Mr. Diaz noted the report in the packets and offered to answer any questions.
Councilman Crites moved to waive further reading and adopt Resolution No. 97-27 amending
Resolution No. 96-47 allocating three new positions -- Business Support Manager, two Business Support
Technicians, and Account I (Enterprise Fund) - amending classification and salary range of the Accounting
Manager to Finance Operations Manager, and eliminating the allocation of two positions -- Secretary (Code
Compliance) and Senior Human Resources Technician. Motion was seconded by Spiegel and carried by
unanimous vote.
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VI. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 823 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ESTABLISHING A VOLUNTARY CAMPAIGN
EXPENDITURE CEILING FOR ELECTIONS TO CITY OFFICES AND AMENDING THE
PALM DESERT MUNICIPAL CODE.
Councilman Spiegel moved to: 1) Waive further reading and adopt Ordinance No. 823,, establishing
a voluntary expenditure ceiling for each election to City elective office in an amount equal to seventy-five
cents ($.75) per resident of the City; 2) waive further reading and adopt Resolution No. 97-22, establishing
the number of residents of the City for the purpose of determining the voluntary expenditure ceiling for the
City elections. Motion was seconded by Crites and carried by a 4-1 vote, with Mayor Kelly ABSENT.
Mrs. Gilligan reported, in response to a request from the Mayor, that the City of La Quinta had
adopted an expenditure ceiling and that the Cities of Palm Springs and Indio would also be
adopting similar ordinances.
B. ORDINANCE NO. 828 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-3 (MULTIPLE FAMILY
RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) FOR THE EXISTING OFFICE
COMPLEX AT 44-875 DEEP CANYON ROAD, THE NORTHWEST CORNER OF DEEP
CANYON AND ALESSANDRO DRIVE, rase No. C/Z 97-1, Dennis Godecke, Applicant.
Mr. Diaz stated that there had been no changes to this ordinance since its introduction, and he
recommended adoption.
An attorney representing Mr. Dennis Godecke addressed the Council and recommended
approval of the ordinance.
Councilman Snyder moved to waive further reading and adopt Ordinance No. 828,. Motion was
seconded by Crites and carried by a 4-0 vote, with Mayor Kelly ABSENT.
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VII. CONSENT ITEMS HELD OVER
I. REQUEST FOR AWARD OF CONTRACT for Demolition of Esquire Apartments (Contract
No. C11620).
Please see verbatim transcript attached hereto and made a part hereof as Exhibit "B". Also
attached is a construction completion schedule which was submitted during the City Council
meeting (attached as Exhibit "C").
VIII. NEW BUSINESS
A. CONSIDERATION OF A REQUEST FROM ELITE RACING FOR FUNDING OF 1997
PALM DESERT 5K RUN.
Mr. Diaz noted the report in the packet and offered to answer any questions.
Councilman Spiegel moved to, by Minute Motion, approve the request and direct the City Manager
to include $55,000 in the 1997/98 Fiscal Year Budget. Motion was seconded by Crites and carried by a 4-0
vote, with Mayor Kelly ABSENT.
B. REQUEST FOR APPROVAL of Contracts for 1997 "Haute Nights - Cool Sounds" Summer
Concert Series.
Mr. Diaz noted the report in the packet.
Councilman Crites moved to, by Minute Motion: 1) Approve the following contracts and authorize
the Mayor to execute same: a) No. C12410 with Kal David & The Real Deal; b) No. C12420 with Coyote;
c) No. C12430 with Navy Band of San Diego; d) No. C12440 with Stan Miller's Big Band; e) No C12450
with Swing Savant; f) No. C12460 with Pandemonium Steel Drum Band; g) No. C12470 with The Ho Dads;
h) No. C12480 with Bobby Rodriguez; i) No. C12490 with Franklin Haynes Marionettes; j) No. C12500 with
Alive & Pickin; k) No. C12510 with Gregg Young & the 2nd Street Band; 1) No. C12520 with Riverside
County Philharmonic Symphony; m) No. C12530 with PyroSpectacular Fireworks Display; and 2) appropriate
an additional $19,000 to Account No. 110-4416-414-3061 to provide payment for all costs of the summer
concerts such as sound/lighting, insurance, and incidentals and for payment of an additional concert for the
Sister City Convention. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Kelly
ABSENT.
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C. REQUEST FOR CONSIDERATION OF OPERATING AGREEMENT BETWEEN THE
CITY OF PALM DESERT AND KEMPER SPORTS MANAGEMENT.
Mr. Diaz noted the report and recommendation in the packets.
Councilman Crites asked when the Council will be able to come back and spend some time on
the issue of resident cards. He said the report noted that the Council would consider this policy
in November as to who is considered to be a resident; however, he felt something needed to
be done in the Spring. He said that in terms of a resident card, someone who lives here for
30 days as a visitor to the community is not the same as someone who lives here for 12
months. He said what we are talking about now is people who lease or rent something for 31
days are considered permanent residents of Palm Desert, and he felt the entire issue needed to
be discussed. He added that his initial understanding was that resident cards were for those
people who spend a majority of their year in Palm Desert.
Councilman Snyder suggested setting up a study session with the City Council and the Golf
Course Committee.
Councilmember Benson commented that she felt the Promotion Committee should be involved
in the operation and promotion of the different events at Desert Willow which is charged with
promoting these types of things for the City and have been excluded from as far as the Desert
Willow golf course. She said she felt there should be more discussion on who is handling
Desert Willow, how it is handled, who will be the ultimate say on promotion, what kind of
promotions, etc. With regard to green fees, she said she had been approached by someone who
was very irate because they had the resident card and their neighbors told them they were only
resident six months out of the year and had gone in and were given a resident card also.
Councilman Spiegel stated he had asked staff to prepare a report for him relative to summer
rates at other public golf courses. He said that right now a non-resident paying $110.00 Friday
through Sunday, June 1 to September 30, will pay $50.00 for summer, which is a 60%
decrease. On the other hand, the Palm Desert resident rate goes from $45.00 to $35.00, which
is not even 25 % decrease. He said he had not yet received the comparison report he had
requested and, therefore, he was not prepared to vote on this issue at this time.
Councilman Spiegel moved to continue this matter. Motion died for lack of a second.
Councilman Crites agreed that Council needs to look at other cities. He added that staff s
report recommended that two Councilmembers be appointed to the Golf Course Committee.
Mr. Ortega noted that the agreement requires the operator to promote the golf course as part
of the contract to make sure the course attracts people. The Golf Course Committee is also
provided for in that agreement. He suggested perhaps appointing a member of the Promotion
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Committee to the Golf Course Committee, and that person would have input on types of
advertising being done. He noted that the Golf Course Committee was an oversight committee
that judges whether the operator is complying with terms of the agreement, maintaining the
appropriate decorum at the golf course, whether it is being maintained properly, etc. He stated
that the agreement requires the main participation on the Golf Course Committee to be two
members of the Council, the Golf Course Manager, the Redevelopment Agency Executive
Director (perhaps the City Manager instead since it has been transferred to the City), and others
as requested by the City.
Mr. Diaz stated that staff recommended that those things dealing with promotion of the Golf
Course go to the Promotion Committee as informational items for comment and
recommendation. This would ensure that the promotion of the course was not out of line with
other promotions that are going on at the City. He said a member of the Promotion Committee
could be appointed to the Golf Course Committee; however, decisions on the promotion of the
Golf Course would not be the only things that would come up at those meetings.
Councilmember Benson said she felt this matter should be continued.
Councilman Spiegel moved to continue this matter. Motion died for lack of a second.
Councilman Crites suggested that the Council liaison to the Promotion Committee be appointed
as one of the two Councilmembers on the Golf Course Committee. Because it was important
to have input from the Desert Willow Committee, he suggested that Mayor Kelly be the second
Council appointee. He also suggested the chair of the Promotion Committee be appointed and
that an informational item be included on the Promotion Committee Agenda relative to
promotion of the Desert Willow project.
Councilman Crites moved to, by Minute Motion, approve recommendation #3 to approve, as
recommended, submitted requests for charitable golf tournaments as set forth in the memorandum, with the
remainder of the recommendations to be continued to the meeting of April 10, 1997. Motion was seconded
by Spiegel and carried by a 4-0 vote, with Mayor Kelly ABSENT.
D. INFORMATIONAL ITEMS:
1. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Cook Street
c. I-10/Monterey Avenue
Mr. Folkers noted that everyone was proceeding well for these three interchanges.
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2. Progress Report on Retail Center Vacancies
Mr. Drell noted that the Saks project was moving forward.
3. 1997 United Way Campaign Results
Mr. Weller reviewed the staff report and offered to answer any questions.
IX. CONTINUED BUSINESS
A. CONSIDERATION OF REQUEST FROM STUDENTS CREATIVE RECYCLE ART
PROGRAM FOR A $10,000 CONTRIBUTION (Continued from the Meetings of January 23
and February 13, 1997).
Mr. Wohlmuth stated that he had received a request from this organization to continue this
matter to the next fiscal year so that they could request funding from the Charitable
Contributions Committee.
Councilman Crites moved to, by Minute Motion, deny the request for funding and direct staff to
notify this organization of its right to apply next fiscal year for funding from the Charitable Contributions
Committee. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Kelly ABSENT.
B. CONSIDERATION OF PETITION FOR STOP SIGN AT PORTOLA/GRAPEVINE
(Continued from the Meeting of February 13, 1997).
Mr. Diaz noted the report in the packets. Mr. Folkers added that staffs recommendation was
that this request be received and filed because the intersection does not meet warrants for a stop
sign.
MR. PETE FREESTONE, 72-761 Tamarisk, asked how the Council could make a decision
that the intersection did not meet warrants when a traffic study has not been done since this
item was brought to the Council.
Mr. Folkers responded that an analysis of facts was done on January 31, 1997, and that the
staff report did not have attached to it a copy of the traffic count for that intersection. He said
staff would be glad to bring this back to the Council but that it had gone through the Technical
Traffic Committee already.
Councilman Crites suggested that the Council hold this item until such time as it has seen the
latest data.
Mr. Diaz added that the City's Traffic Engineer would contact Mr. Freestone.
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Councilman Snyder moved to continue this matter to the meeting of April 10, 1997. Motion was
seconded by Crites.
MR. CURTIS COHEE, Member of the Board of Palm Desert Homeowners Association,
addressed the Council and urged it to approve the requested stop sign.
Councilman Crites asked that staff also provide the Council with an accident analysis of the
intersection.
Mayor Pro-Tem Benson called for the vote. The motion carried by a 4-0 vote, with Mayor Kelly
ABSENT.
C. CONSIDERATION OF CONTINUED CONTRACT WITH BIG BROTHERS & BIG
SISTERS OF THE DESERT FOR LEASE OF THE PORTOLA COMMUNITY CENTER
(Continued from the Meeting of March 13, 1997).
Risk Manager Ken Weller stated that this organization was having difficulty in meeting the
requirement for general liability insurance. He noted that at 2:30 p.m. that date, he had
received evidence of insurance from St. Paul of Minnesota extending coverage, and he asked
that this item be removed from the Agenda.
Councilman Crites moved to, by Minute Motion, remove this item from the Agenda. Motion was
seconded by Snyder and carried by a 4-0 vote, with Mayor Kelly ABSENT.
X. OLD BUSINESS
A. REQUEST FOR CONSIDERATION OF LEAF BLOWER ORDINANCE.
Senior Code Compliance Office Evelyn Bridges reviewed the staff report, noting that proposed
Ordinance No. 829 would prohibit gas -powered blowers while proposed Ordinance No. 830
would prohibit all blowers in the City.
Councilman Crites verified with Ms. Bridges that the Council had received copies of all
correspondence received relative to this matter. He asked if he would be correct in
summarizing the correspondence to say that well over 90% were in favor of one of the two
ordinances, and Ms. Bridges agreed.:
MR. WILLIAM KILLION, 40-232 Sagewood, Grounds Manager at Marriott Desert Springs,
said his employees only used blowers between the hours of 8:00 a.m. and 3:00 p.m. and not
on Sundays and that they were used for cleaning of the rock landscape around the hotel. He
said he felt this was an efficient and economical way to clean the landscape for the hotel guests.
He noted that the debris is blown onto a hard surface, raked up, and taken away. He said he
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felt a total ban would decrease the quality of their maintenance and increase the budget for
maintenance of the resort. He said the Marriott Desert Springs was not opposed to enactment
of an ordinance but would like to see a separation of commercial versus residential use. In
addition, he said they would like to work with a committee and give input on a draft ordinance.
MR. TIM SCOGGIN, 73-102 Skyward Way, Director of Golf at Marriott Desert Springs,
stated that restrictions had been placed several years ago on leaf blowers including limiting the
time of day they are to be in operation, placing governors on the blowers to make sure the
high-pitched whine is eliminated, and using blowers as part of a maintenance program instead
of as the first line. He said he felt a committee should be formed to assess the impacts, both
from a residential and a commercial setting.
The following individuals also spoke in OPPOSITION to a ban on leaf blowers:
MR. JOSE SANCHEZ, gardener for the past 17 years, suggested that something be placed on
the blowers to silence them similar to silencers on guns.
MR. PETE FREESTONE, 72-761 Tamarisk Street, said he was opposed to the ordinance
banning leaf blowers. He said there were two issues as he saw them -- air pollution and noise
— and eliminating only gas blowers would only take care of the noise problem. He felt weed
whackers make just as much noise as the blowers. They cause trimmings to land on the
sidewalks and then the blowers are used to blow the debris back on the grass. He said he did
not feel this was an issue on which Council should take action and that it should either go to
a vote of the citizens in November or the Council should send out cards to all residents
requesting input before the Council makes a decision as to whether or not leaf blowers should
be allowed in the City. He also felt that if the blowers are to be eliminated, it should apply to
everyone, including the City maintenance people in their upkeep of the park and golf courses.
MR. RICHARD COOK, 180 Via Madrid Avenue, agreed with Mr. Freestone and said he felt
there were a great many things that needed to be considered prior to enactment of an ordinance.
He said there were a lot of things that caused air pollution, including golf course construction,
City street sweepers, lawn mowers, renovation of the golf courses in the fall, etc. He said he
felt the new low -speed electric blowers, if used judiciously, cause few problems for anyone.
MR. JACK HEARNS, 76-785 Ascot Circle, owner of Hort Tech and representative of the
California Landscape Contractors Association, submitted a report outlining the Association's
position on leaf blowers (attached hereto and made a part hereof as Exhibit "A"). He said his
business maintains The Lakes Country Club and that he had imposed restrictions wherein leaf
blowers are used only from 8:00 a.m. to 3:00 p.m. and not on weekends. He added that an
outright ban on blowers would make it necessary for them to go to the Association and ask for
higher fees.
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MS. SHARON HOWARD, 43-866 Adonis Drive, landscape contractor for the last 15 years,
asked that the Council withhold a vote on the issue and sit down with some of the professionals
in the industry to obtain their input. She said as a whole the contractors did not like blowers
but felt they were a necessary part of the industry. She added that she did not remember ever
receiving any complaints from clients or neighbors about the misuse of blowers.
MR. TED SHOWALTER, 74-254 Aster Drive, owner of a landscape business, said he found
it ironic that he tries to install drought tolerant and rock scapes to cut down on water use and
now the Council is talking about banning leaf blowers. He asked if weed eaters were going
to be banned next.
MR. CASEY SORENSON, VIP Landscape, 74-600 Old Prospector, said he had 35 licensed
contractors in the landscape business in the Coachella Valley, and they knew how to operate
blowers correctly. He said he also employed 40 people, and they were all instructed on the
correct use of blowers. He said they used hand-held blowers for better control. He noted that
a meeting had been held the previous evening with the California Landscape Contractors
Association to discuss this issue, and he asked that they be allowed to sit down with a
committee and interact before a decision is made. He added that properly used, leaf blowers
are an effective tool for the landscape business.
The following individuals spoke in FAVOR of a leaf blower ordinance because of concerns
about noise, health, and dust.
MS. MARIAN CARTER, 72-692 Pitahaya, spoke in favor of a ban on leaf blowers and asked
that the Council also consider amending the noise ordinance and hours of operation.
MRS. MARIAN HENDERSON said she felt the blowers should be eliminated until such time
as a way is found to silence them.
MS. JANICE WRIGHT, 48-114 Silver Spur Trail, owner of apartments at 45-330 Ocotillo.
MR. CHARLES SLAUGHTER, 44-605 Monacco Circle, stated he had no suggestions and
wished the Council luck in this matter.
Councilman Crites stated that the Council had received more calls and letters on this one issue
than on almost any other issue that has come before it. Most are opposed to leaf blowers and
are asking for a ban on all of these devices due to the perceived noise and dust problems. He
suggested, since passage of an ordinance would require two readings, that the Council, before
second reading of an ordinance, sit down with the Desert Contractors Association and talk
about these issues with them.
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Councilman Snyder stated that people have pointed out the PM10 problems and the fact that
this is not helping the problems. He said he would like to see the Council take action and set
up a program in the immediate future to sit down and discuss this issue with the Contractors
Association and landscape professionals so that they realize the number of people who are upset
about the problem and to try to find a solution. He agreed with Councilman Crites' suggestion
to meet with representatives and discuss the issue prior to second reading of an ordinance.
Councilman Spiegel stated that he had received 25 telephone calls that day regarding leaf
blowers, with 21 opposed and 4 in favor. He said there were 45 cities in California that have
either partially or totally banned leaf blowers. He felt the recommendation to sit down with
the Contractors Association would also apply to the California Landscape Contractors
Association, and he recommended that the Mayor assign two Councilmembers plus staff to
meet with these groups and come back with recommendations.
Councilmember Benson agreed and said this is the Palm Desert way to do things. She felt in
addition to the two groups mentioned by Councilman Spiegel, input is also needed from the
hotel industry.
Mayor Kelly said he would be inclined to go along with the idea of passing one of the
ordinances to second reading, with the second reading to be in 30 days.
Councilman Crites addressed a comment from one of the speakers relative to City street
sweepers and stated that the City had spent a lot of money to make sure the City's sweepers
are now vacuum trucks that collect most of the debris off the street instead of blowing it.
Councilman Crites moved to waive further reading and pass Ordinance No. 829 to second reading,
eliminating all gas -powered blowers but allowing electric and vacuum blowers for property maintenance.
Motion was seconded by Spiegel.
Mayor Kelly asked if the motion could be amended to include appointment of two members of the
City Council to work with representatives of the various groups as discussed above. Councilmen Crites and
Spiegel agreed to amend their motion and second to include this appointment.
Councilmember Benson expressed concern with passing either of the two ordinances to second
reading until a report and recommendation are received. She felt electric blowers were just as
noisy as gas -powered, and if the Council is going to have a ban, it should include all blowers,
not just those that are gas -powered. She suggested postponing action until the next meeting and
then make a decision as to which ordinance should be adopted.
14
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1997
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After additional discussion, Councilmen Crites and Spiegel withdrew their motion and second.
Councilmember Benson moved to waive further reading and pass Ordinance No. B30 to second
reading, prohibiting all leaf blowers within the City, with the stipulation that a meeting be held with staff, two
Councilmembers, and representatives of the Desert Contractors Association, California Landscaping
Contractors Association, and hotels between now and second reading of the ordinance, said second reading
to take place in 30 days. Motion was seconded by Kelly.
Councilman Crites asked whether it would be possible to amend the ordinance if after the
stipulated meeting it is decided that electric blowers should be allowed, and Mr. Erwin stated
that the ordinance could be amended.
Mayor Kelly called for the vote. Motion carried by a 4-1 vote, with Councilman Crites voting NO.
XI. REPORTS AND REMARKS
A. CITY MANAGER
1)
Discussion and Recommendation Relative to Withdrawal from County Library System.
Mr. Diaz stated that he would not at this time recommend that the City withdraw from
the County Library System. He said staff was still studying this issue and would bring
additional information back to the Council at a later date.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at an appropriate time to discuss items listed on the
Agenda and Agenda Addendum as follows:
1) Report and Action on Items from Closed Session Made at This Meeting.
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:
15
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1997
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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: Price Terms of Payment
Conference with Real Property Negotiator pursuant to Section 54956.8:
Property: Southeast corner of Hovley Lane West and Monterey Avenue
Negotiating Parties:
Agency: City of Palm Desert/Richard J. Folkers
Property Owner: Morris Cohen
Under negotiation: _2L_ Price x Terms of Payment
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Letter to the Riverside County Board of Supervisors Relative
to City Donation of $10,000 to Indio Date Fair in Relation to County's
Acceptance of $25,000 from Marlboro Cigarettes (Mayor Pro-Tem Jean M.
Benson).
Mayor Pro-Tem Benson stated that she would like the Council to consider
sending a letter to the County of Riverside, in the event it requests another
donation in the future. She said Palm Desert was the only City in the Coachella
Valley, with the exception of Indio, to make a contribution, and she asked that
the Council support her request that no future funding be given to the Date
Festival from the City of Palm Desert if they take money from Marlboro.
Councilman Crites moved to, by Minute Motion, authorize the Mayor Pro-Tem to send a letter to
the County of Riverside expressing sentiments as outlined above. Motion was seconded by Snyder and carried
by a 4-0 vote, with Mayor Kelly ABSENT.
2. Councilman Crites stated that on April 24, 1997, the Boys & Girls Club would
be holding a fund raiser and that Alibaba Farzaneh was one of the honorees.
16
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1997
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He said that while the Council could not attend due to the function being held
at the same time as a City Council meeting, he felt the City should purchase a
table and have several City staff members attend to act as representatives of the
Council.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Spiegel and carried by a 4-0 vote, with Mayor Kelly ABSENT.
Councilman Spiegel suggested that the Council proclaim that day in honor of
Alibaba Farzaneh.
Councilman Crites moved to, by Minute Motion: 1) Direct the City Clerk to prepare a resolution for
that day in honor of Alibaba Farzaneh; and 2) direct staff to purchase a City table and ask several staff
members to donate their time to attend this fund raiser on behalf of the Council. Motion was seconded by
Spiegel and carried by a 4-0 vote, with Mayor Kelly ABSENT.
o City Council Committee Reports:
None
XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENT TO THE JOSLYN COVE SENIOR CENTER BOARD OF DIRECTORS
TO FILL THE VACANCY CREATED BY THE EXPIRATION OF TERM OF FRANK
LAIACONA (Continued from the Meeting of February 13, 1997).
Councilman Crites moved to, by Minute Motion, appoint Mr. Bernard Kurtz to the Joslyn Cove
Senior Center to fill the vacancy created by the expiration of term of Frank Laiacona. Motion was seconded
by Spiegel and carried by unanimous vote.
XIII. PUBLIC HEARINGS
None
XIV. ORAL COMMUNICATIONS
MR. CHRISTOPHER BLAISDELL, 72-687 Rolling Knoll, addressed the Council relative to the
Golf Course and summer green fees. He said it was his understanding that the issue was that because
there are so many more residents in Palm Desert than in Indian Wells, our one municipal golf course
might get too much play by local residents and affect the bottom line, which would not be the case
in Indian Wells because of its population. He suggested that other golf courses in Palm Desert be
approached, such as Palm Desert Country Club and Palm Desert Resorter to see if they would honor
17
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 27, 1997
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the resident card, and this would create three golf courses that would be available to City residents,
and this would spread the load of reduced fees over three courses and lessen the impact on the City
course as the sole provider of discount fees. He said he felt the other operators might think this was
good public relations.
XV. ADJOURNMENT
Councilman Crites moved to adjourn the meeting to Closed Session at 6:25 p.m. Motion was
seconded by Snyder and carried by a 4-0 vote, with Mayor Kelly ABSENT.
Mayor Pro-Tem Benson reconvened the meeting at 6:50 p.m. and immediately adjourned with no
action announced from Closed Session.
ATTEST:
II/ !�
SHEILA R. G1LLIGAN, CI I* CLERK
CITY OF PALM DESERT
RIC
18
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MARCH 27, 1997
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EXHIBIT "A"
CLCA Positions on Leaf Blowers I,
tj\tc,;,
• The California Landscape Contractors Association (CLCA) opposes across-
the-board bans on gasoline -powered leaf blowers, such as the 1996 Los
Angles ordinance which prohibits their use within 500 feet of a residence.
CLCA believes these bans are unnecessary, bad public policy, and extremely
harmful to the landscape industry.
• Leaf blowers are essential for landscape maintenance professionals. This is
because these machines are very efficient tools for cleaning up leaves and
other small debris from landscape sites. Since their development in the
1970s, leaf blowers to a large extent have supplanted brooms, hoses, and
rakes. Leaf blowers even perform functions that no other tool can handle
effectively, such as cleaning areas covered by rock, gravel, bark, or mulch.
• Leaf blowers save enormous amounts of time. Most landscape industry
estimates suggest that it takes at least five times as long to clean a typical
landscape site with a broom and rake than it does with a power leaf blower.
A similar estimate was provided in 1994 by the City of San Luis Obispo for
its parks and public buildings; the city's maintenance supervisors estimated
that their crews would take 50 hours to do work that took 10 hours with
leaf blowers, and that much of the work would require the use of water.
Some estimates substantially exceed the five times one rule -of -thumb: in a
1992 labor efficiency comparison report, the City of Whittier concluded that
a job that took 2.25 labor hours with a backpack leaf blower took 76 labor
hours with a hose and 282 with a broom. The bottom line is that without
leaf blowers, public agencies and private owners would have to spend more
time on outdoor work or accept a lower level of upkeep.
• Time is money. CLCA members estimate that their costs (and therefore
their charges) would increase from twenty to forty percent if they must
perform the same functions without the leaf blower.
• CLCA believes many clients can't afford or are not willing to pay for the
additional costs of performing landscape maintenance without the leaf
blower. They would either allow their landscapes to deteriorate, do the
work themselves, or flaunt the law by using leaf blowers or hiring
gardeners willing to do so. The last option is a possibility because leaf
blower bans have been difficult to enforce in municipalities that have
passed an ordinance to date. That option would adversely affect our
members because we play by the rules by the very nature of the way our
businesses are organized. CLCA members are all state -licensed contractors.
• California Landscape Contractors Association •
2021 N Street, #300, Sacramento, CA 9S814
(9l6) 448-CLCA
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EXHIBIT "A"
CLCA Positions on Leaf Blowers
Page 2
Pg°
We have a license bond on file with the Contractors State License Board,
and we pay workers' compensation as well as liability insurance. We
deduct federal and state income taxes from payrolls. Most of our members
offer health insurance for employees and their families. Unfortunately, we
compete against a vast underground economy of unlicensed operators
which does not play be the rules. It would flaunt a leaf blower ban if given
the chance, and consequently it would be able to underbid our members for
landscape maintenance contracts. Legitimate landscape contractors could
go out of business and their employees would lose good paying jobs.
• The leaf blower is an alternative to hosing down walks and driveways with
water. Using water in this manner is unreasonable, especially in drought -
prone California.
• Leaf blowers make no more noise than most other types of power
equipment. Nor does the hum of these tools dwarf the decibel output of
other gasoline -powered equipment such as the automobiles we drive and
trains we ride.
• High decibel noise exposure can be severely damaging to hearing.
However, to provide some perspective on the issue of leaf blower noise
and hearing loss, it should be pointed out that the U.S. Department of
Labor Occupational Safety & Health Administration (OSHA) does not
require a hearing protection program for employees unless noise exposures
equal or exceed an eight -hour, time -weighted average sound level of 85
decibels. Although this regulation should not be taken to imply that lower
decibels are always safe, compare it with the noise from a typical leaf
blower. Most of the newer machines are rated at somewhere between 65
and 75 decibels at 50 feet at full throttle. And, unlike leaf blower users, who
need hearing protection because of their long hours of exposure to noise
coining from a machine a few feet away from their ears, residents and
homeowners are exposed to leaf blower noise for only a few minutes a
week at much greater distances.
• CLCA acknowledges that leaf blowers can be a nuisance. However, we
believe the culprits are old technology and improper use. Both problems
can be remedied by means other than indiscriminate bans.
• CLCA strongly encourages leaf blower manufacturers to place a high
priority on noise reduction improvements. However, credit should go
where credit is due. Today's leaf blowers are significantly more quiet than
their predecessors of 10 years ago. Manufacturers have steadily reduced
noise levels, and in recent years most have voluntarily adhered to a
maximum of 70 decibels (dBa) at full -throttle at 50 feet from the source. In
• California Landscape Contractors Association •
2021 N Street, 8300, Sacramento, CA 95814
(916) 448•CLCA
20
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EXHIBIT "A"
CLCA Positions on Leaf Blowers
Page 3
1996 one manufacturer introduced a revolutionary leaf blower that
generates a mere 65 dBa at full throttle at fifty feet from the source --
without sacrificing performance. Manufacturers can be expected to make
future noise reduction improvements, if given the chance.
• Although CLCA prefers other methods of dealing with leaf blower noise,
our association does not oppose efforts to prohibit outmoded equipment --
as long as the standards are not unreasonable in light of the existing
technology on the market. We suggest that efforts to prohibit outmoded
equipment be accompanied by buy-back programs such as the one instituted
by the City of Redondo Beach in 1994. At a minimum, bans on outmoded
equipment should go into effect at least one year after a decision is made.
This would give users crucial lead time to phase out their equipment.
• CLCA believes the vast majority of commercial operators use their leaf
blowers responsibly. Nevertheless, we acknowledge that improper use is a
problem. It is caused chiefly by lack of knowledge, but, regrettably, it is
sometimes a result of lack of courtesy for others.
• Cities, municipalities, and the CLCA should partner together to educate the
public as well as the landscape industry about proper use of leaf blower
equipment. Educational programs should include the following
information:
- Generally speaking, leaf blowers should be run at half throttle most
of the time. Low throttle speeds not only significantly reduce noise,
but they also provide the operator with maximum control. Full
throttle is seldom necessary.
- Leaf blowers should not be used in residential areas at unreasonable
hours -- early in the morning or late at night when people are likely
to be disturbed.
- Debris should never be blown onto adjacent property, the street,
vehicles, people, or pets.
- Leaf blowers should not be used within ten feet of doors or windows.
- Crews should operate only one leaf blower at a time on small
residential sites.
- Rakes or brooms should be used to loosen heavier debris.
• Caljjornia Landscape Contractors Association •
2((1I221 t Street, #300, Sacramento, CA 95814
(916) 448-CLC,A 1
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EXHIBIT "A"
�.. : rowno s on :,eai powers
Page 4
The full nozzle extension should be used so the air stream can work
close to the ground.
The muffler, air intakes, and air filters should be routinely checked
to make sure they are working properly.
Leaf blowers should not be used to move large debris piles from one
spot to another.
If conditions are very dry and dusty, mister attachments should be
used.
('LCA believes that informed citizens and landscape maintenance workers
are likely to be more considerate. For the few bad apples who may lack
common courtesy even with increased knowledge, city ordinances to
require proper use under penalty of a steep fine may be necessary. CLCA
does not oppose ordinances that mandate common sense rules of leaf
blower courtesy.
• Electric -powered leaf blowers are not an acceptable substitute for gas -
powered machines. Most landscape maintenance professionals estimate
that electric leaf blowers reduce efficiency by 50 percent. They tend to be less
powerful than gas leaf blowers, and they are limited by the need for an
xtension cord that must be continually plugged in and unplugged. In
addition, they can be hazardous to operators. Swimming pools, spas,
garden ponds, and moisture from garden irrigation make for a potential
electric shock problem. Finally, the heavier duty electric leaf blowers,
which are comparable in power to gas leaf blowers, do not reduce noise that
significantly. Plus, the electric leaf blower's noise is compounded by the
noise produced by a generator if electrical outlets aren't available.
• The dust issue is spurious. Brooms create dust too. Properly used leaf
blowers do not raise an inordinate amount of dust. No scientific
documentation whatsoever exists on the health impacts of airborne
particulate matter from leaf blowers.
• The air emissions issue is likewise spurious. Standards that were put in
place by the California Air Resources Board (CARS) for 1995 have been
met, and in most cases, exceeded by all leaf blowers sold in the state today.
Air pollution issues are being addressed, and should be addressed, by
CARB, the federal Environmental Protection Agency (EPA), and the
regional air quality districts -- not cities and counties. Moreover, the
frequently used criticism that leaf blowers produce emissions greater than
automobiles should be placed in proper perspective. Actual emissions
• Caljjornia Landscape Contractors Association •
2021 N Street, #300, Sacramento, CA 95814
(916) 448-CLCA
22
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LLI.H rotations on Leaf blowers
Page 5
EXHIBIT "A"
fi
from leaf blowers are few because of the equipment's intermittent use. For
example, one year of volatile organic compound (VOC) emissions from
automobiles compares to 21 years of emissions from portable lawn and
garden products. Portable lawn and garden equipment contributes only 0.8
percent of all U.S. VOC emissions, 0.6 percent of carbon monoxide
emissions, and no nitrogen oxide emissions. (This comparison comes
from an analysis of EPA emissions inventory data prepared for the Portable
Power Equipment Manufacturers Association by Heiden & Associates of
Washington, DC.)
• CLCA members are always willing to work constructively with city and
county public officials to find win -win solutions to this increasingly
prominent issue.
• California Landscape Contractors Association •
2021 N Street, #300, Sacramento, CA OS814
(916) 448-CLCA
23
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Esquire Apartments
EXHIBIT "B"
CondenseItTM March 27, 1997
Pace 1
13
:4
.5
16
17
18
19
20
21
22
23
24
25
26
PALM CESERT CITY COUNCIL MEETING
DATE
THURSDAY, MARCH 27, 1997
TIME
4:00 P.M.
LOCATION
cENTER
FRED COUNCIL
NGCHAAMBEERS
PALM DESERT, CALIFORNIA
REPORTED BY
NO
—AMARA A. . 66ON
C.S.R.
PRq. 2
1 APPEARANCES:
2
3 JEAN M. BENSON, MAYOR PRO TEM
4 ROBERT A. SPIEGEL, CITY COUNCIIJNIN
5 BUFORD A. CRITES. CITY COUNCILMAN
6 WALTER SNYDER. CITY COUNCILMAN
7 DAVID J. ERNIN, CITY ATTORNEY
8 RAY DIAL. CITY MANAGER
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 3
PALM DESERT, CALIFORNIA, MARCH 27. 1997
2 4:00 P.M.
3
4 MAYOR PRO TEM BENSON: THE NEXT ITEM IS CONSENT
5 ITEMS HELD OVER, L
6 CITY ATTORNEY IRWIN: MADAM MAYOR I WOULD ASK
7 THAT IT COME OFF THE AGENDA. I BELIEVE THERE ARE
8 PEOPLE HERE TO SPEAK ON IT. MR. CONLON HAS A REPORT
9 IN YOUR PACKET UNDER THE CONSENT CALENDAR IF
10 COUNCIL HAS ANY QUESTIONS, WE WILL ATTEMPT TO ANSWER
11 THE.'M.
12 MAYOR PRO TEM BENSON: YES.
13 MR. CONLON: YES, MADAM MAYOR, MEMBERS OF THE
14 COUNCIL, MAYOR PRO TEM OF THE COUNCIL. AN UPDATE ON
15 WHERE WE STAND TODAY WITH THE ESQUIRE APARTMENTS.
16 YOU HAVE A COPY OF THE STAFF REPORT IN YOUR AGENDA.
17 THE BUILDING PERMITS FOR THAT REMODEL TECHNICALLY
18 EXPIRED. THEY DID CALL FOR AN INSPECTION TODAY, THIS
19 AFTERNOON, FOR A PARTIAL INSPECTION OF THE GROUNDWAY
20 SYSTEM ON TO THE APARTMENT UNITS. THE CITY ATTORNEY
21 AND I WALKED THROUGH THE APARTMENT COMPLEX TODAY TO
22 GET DAVE'S OPINION ON EXACTLY WHAT HE FELT
23 CONSTITUTED COMMENCEMENT OF WORK
24 THE UNIFORM BUILDING CODE SECTION THAT
25 TALKS ABOUT WHEN A PERMIT EXPIRES IS RATHER VAGUE IN
26 THE CONTEXT OF EXACTLY WHAT CONSTITUTES A
Yates & Associates
Pace 4
1 COMMENCEMENT OF WORK. THE WAY THE CODE IIAS BEEN
2 ENFORCED, ADMINISTRATIVELY THROUGH MY DEPARTMENT, IS
3 THAT THE APPLICANT HAS TO CALL FOR A COMPLETE
4 INSPECTION, THE FIRST INSPECTION NECESSARY IN THE
5 PROJECT.
6 IN THIS CASE ITS A REMODEL OF THE
7 APARTMENT COMPLEX. THAT COMPLETE INSPECTION HAS TO
3 BE APPROVED FOR THE PERMIT TO REMAIN ACTIVE IT'S
9 DIFFERENT IN THIS CASE. THEY DID NOT CALL FOR A
10 COMPLETE INSPECTION, ONLY A PARTIAL INSPECTION.
11 WITH THAT IN MIND, I'M SURE THAT THESE
12 FOLKS HERE WOULD LIKE TO ADDRESS THE ISSUE. I WILL
13 STAND BY FOR ANY QUESTIONS.
14 CITY COUNCILMAN CRITES: MR. CONLON. DO YOU
15 STAND BY THE STAFF RECOMMENDATION TO APPROVE CONTRACT
16 FOR DEMOLITION?
17 MR. CONLON: YES.
18 CITY COUNCILMAN CRiIES: AND THAT POINT OF VIEW
19 IS CONSISTENT WITH HOW YOU HAVE ENFORCED THESE ISSUES
20 WITH OTHER CONTRACTORS IN THE PAST?
21 MR. CONLON: WELL, WE'VE NEVER HAD A CONTRACT
22 GET TO THIS POINT WHERE WE'VE HAD A PENDING
23 DEMOLITION ORDER FOR PUBLIC NUISANCE. WE'VE HAD
24 OTHER CONSTRUCTION PROJECTS THAT HAVE HAD THEIR
25 PERMITS EXPIRE, BUT NOTHING WITH A COURT ORDER
26 AUTHORIZING DEMOLITION.
1 CITY COUNCILMAN CRITES: BUT IN TERMS OF HOW
2 THIS FITS WITH OTHER PAST ISSUES IN TERMS OF WHAT WE
3 CALL COMPLETE, FIRST, PARTIAL, AND SO ON, YOU ARE
4 DOING THIS IN A CONSISTENT FASHION?
5 MR CONLON: THAT IS THE UNIFORM WAY TO DO IT.
6 CITY COUNCILMAN CRITES: SO YOU ARE COMFORTABLE
7 THEN WITH THE STAFF'S RECOMMENDATION?
8 MR CONLON: I AM COMFORTABLE WITH THE STAFF'S
9 RECOMMENDATION.
10 THE ISSUE THAT I WOULD LIKE TO POINT
11 OUT — AND I THINK DAVE WILL HAVE AN OPINION ON IT
12 AND CERTAINLY THESE FOLKS WHO WILL SPEAK BEHIND ME
13 TONIGHT WILL HAVE AN OPINION ON IT — IS
14 RECOMMENDATION NO. 3, WHICH SAYS, "UPON EXPIRATION OF
15 THE BUILDING PERMIT, PURSUANT TO THE COURT ORDER
16 AUTHORIZE DEMOLITION OF THE SUBJECT PROPERTY." I
17 THINK DAVE WILL GIVE US SOME GUIDANCE IN THAT AREA.
18 CITY COUNCILMAN CRATES: THANK YOU.
19 CITY COUNCILMAN SPIEGEL: MR. CONLON, CAN I ASK
20 ONE QUESTION? YOU HAD NINE BIDS TO DO THE
21 DEMOLITION?
22 MR CONLON: YES. SIR.
23 CITY COUNCILMAN SPIEGEL: THEY RANGE FROM
24 S23,900, WHICH IS THE ONE YOU'RE RECOMMENDING. TO
25 $168,580. WHAT IS THE DIFFERENCE?
26 CITY MANAGER DIAZ: THE GRIP ON THE HAMMERS.
Page 5
Page 6
1 CTY COUNCILMAN SPIEGEL: ARE THEY ALL GOING TO
2 DO THE SAME THING? ONE IS GOING TO CHARGE S23,900,
3 AND THE OTHER ONE IS GOING TO CHARGE —
4 MR CONLON: I THINK NO.9 IN THE UST MIGHT
5 HAVE BEEN CONFUSED. MAYBE THEY THOUGHT WE WANTED
6 THEM TO REMODEL THE PROPERTY.
7 MAYOR PRO TEM BENSON: THEY WERE PROBABLY GOING
8 TO CLEAN THE LOT.
9 MR HOMME: GOOD AFTERNOON. MY NAME IS MARC
10 HOMME I'M AN ATTORNEY IN PALM DESERT AND I
11 REPRESENT GENEVIEVE PROPERTIES, LLC, WHO IS THE OWNER
12 OF THE PROPERTY.
13 BEFORE I COMMENT ON WHAT MR CONLON SAID,
14 I THINK ITS - IT WOULD BE GOOD FOR THE COUNCIL TO
15 GET A HISTORICAL BACKGROUND OF WHATS HAPPENED HERE.
16 I THINK MR CONLON — WHO I RESPECT VERY DEEPLY, I'VE
17 IGNOWN HIM FOR MANY YEARS — IS KIND OF MISSING WHAT
18 THE REAL ISSUE IS BEFORE THE COUNCIL TODAY.
19 THIS PROPERTY WAS BOUGHT OUT OF A
20 FORECLOSURE. WE BOUGHT THE PROMISSORY NOTE AND
21 PURCHASED THIS PROPERTY ABOUT A YEAR AGO. THIS
22 PROPERTY WAS IN A DEPLORABLE CONDITION BEFORE WE
23 PURCHASED THE PROPERTY OUT OF THE FORECLOSURE. WE
24 DID NOT CAUSE THE CONDITION OF THAT PROPERTY.
25 WHEN WE BOUGHT THE PROPERTY, THERE WAS A
26 DEBT ON THE PROPERTY AS A RESULT OF A PRIOR ABATEMENT
24 Page 1 - Page 6
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EXHIBIT "B"
�luirc Apartmcnts Condcnseltrm
PaRe 7
1 ACTION AGAINST THE OLD OWNER. NOT AGAINST US. WE
2 WENT FORWARD AND NEGOTIATED WITH THE CITY. AND
3 THROUGH MR. CONLON'S GOOD EFFORTS AND DOUG PHILLIPS'
4 GOOD EFFORTS. WE NEGOTIATED A DEAL WHERE WE PAID THE
5 CITY S16,000 TO CLEAR UP THAT DEBT FROM THE PRIOR
6 OWNER.
7 SINCE THE TIME WE PURCHASED THIS PROPERTY
3 WE HAVE SPENT 85 - NO, STRIKE THAT - $97,000 ON
9 THIS PROPERTY. THIS INCLUDES OVER 57,000 FOR
10 ASBESTOS REMOVAL IT INCLUDES 39.000 THAT WE HAVE
I 1 SPENT ON DEMOLITION AND CLEANUP WORK AT THE SITE. IT
12 DOES NOT INCLUDE WORK WHICH '7E'VE RECENTLY DONE ON
13 DOING PLUMBING WORK ON THE OPERTY.
14 THE REASON FOR THE DEL.. ON THIS
15 PROPERTY - WELL. LET ME GIVE YOU SOME MORE HISTORY
16 ON THIS. WHAT HAPPENED IS, WE MADE A STIPULATION
17 WITH THE CITY IN THAT ACTION. AND IN THAT ACTION
13 CERTAIN PARTIES WERE DISMISSED AND WE PAID THE
19 S16,000. AND WE'VE ALSO PAID TO GET A BUILDING
20 PERMIT ON THAT PROPERTY. WE'VE PAID THE CITY FOR
21 THAT.
22 WE, WE BELIEVE, HAVE COMMENCED THIS
23 CONSTRUCTION AND MOVED FORWARD IN GOOD FAITH. WHY
24 THE DELAY OF NOT GOING FORWARD AS FAST AS WE WOULD
25 ALL LIKE TO GO FORWARD? IT ISN'T A LEGAL ISSUE, IT
26 IS AN EMOTIONAL ISSUE. THE REASON IS, WE'VE HAD
Page 8
1 DIFFICULTY OBTAINING FUNDING FROM LENDERS FOR THIS
2 PROPERTY. AND WHAT THE LIKELIHOOD IS, WE WILL HAVE
3 TO SPEND THE 5440,000 OUT OF OUR OWN POCKET TO BUILD
4 THIS PROPERTY. NOW PUT YOURSELF IN OUR POSITION.
S440,000 IS A LOT OF MONEY VERSUS A LOAN FROM THE
BANK. WE'VE APPLIED TO SEVERAL BANKS ON THAT LOAN.
AND YOU KNOW WE'VE ALREADY PUT $97,000 INTO THE
PROPERTY.
.-� WHERE WE HAVE THE ISSUE TODAY IS, TWO DAYS
10 AGO WE APPLIED FOR AN INSPECTION. IT WASN'T JUST
1 I TODAY. IT WAS TWO DAYS AGO. THE CITY INSPECTED THE
12 PROPERTY; SAID THERE WERE A FEW CONDITIONS THEY
13 WANTED TO HAVE MET. THEY CAME BACK TODAY AND THEY
14 ISSUED A - THEY SIGNED OFF ON ONE OF THE ISSUES OF
15 WORK.
16 THE CODE ITSELF SAYS THAT WE HAVE TO,
17 QUOTE. "COMMENCE CONSTRUCTION." IT DOESN'T SAY ON
18 SOME UNILATERAL ACTION BY THE CITY BUILDING
19 DEPARTMENT THAT, WELL YOU HAVE'I'O HAVE EVEN AN
20 INSPECTION. THE CODE DOESN'T SAY THAT, AND THE CITY
21 CAN'T - THE BUILDING DEPARTMENT JUST CAN'T MAKE ITS
22 OWN RULES.
23 NOW YOU RAISED AN EXCELLENT POINT. ARE WE
24 APPLYING THE RULE CONSISTENTLY WITH OTHER
25 CONTRACTORS? THIS RULE DOESN'T HAVE ANYTHING TO DO
26 WITH THIS ISSUE TODAY ABOUT DEMOLITION. THE ISSUE
Page 9
1 IS, CAN THE CITY GO AND REVOKE OR ALLOW A PERMIT TO
2 EXPIRE WHEN WE'VE COMMENCED CONSTRUCTION? THATS THE
3 SOLE ISSUE. IT CAN'T. WE HAVE SUBSTANTIAL PROPERTY
4 RIGHTS ON THIS PROPERTY. THE EXPOSURE TO THE CITY
5 AND THE LIABILITY IN A LAWSUIT - WHICH WE CERTAINLY
6 DON'T WANT, WE WANT TO PUT OUR MONEY INTO THE
7 PROPERTY. IT'S THAT SIMPLE
3 WHAT I'M SAYING HERE IS WE HAVE A
9 CONSTRUCTION SCHEDULE THAT WE ARE, YOU KNOW - THAT
10 WILL TAKE US ABOUT A YEAR 70 COMPLETE CONSTRUCTION OF
11 THIS PROPERTY. I DON'T THINK THATS NECESSARILY
12 UNUSUAL TO CONSTRUCT. WHEN I BUILT MY HOUSE IT TOOK
13 MY HOUSE OVER A YEAR TO BUILD.
14 IF YOU GO AND LOOK AT THE PROPERTY TODAY,
` t LADIES AND GENTLEMEN, THI: PROPERTY HAS BEEN PARTIED.
AND, ACTUALLY, THAT'S FROM ME. CONLON'S GOOD
EFFORTS. THERE'S BEEN A MAJOR CLEANUP OF THE
PROPERTY. ITS CLEAN. THERE'S A CONSTRUCTION FENCE
AROUND THE PROPERTY.
1 REPRESENT TO YOU THAT WITHIN THE NEXT
71 SLX WEEKS WE ARE GOING TO DO A COMPLETE - OR
22 COMPLETE OUR DEMOLITION ON THE PROPERTY, WHICH IS
23 GOING TO COST L'S OVER S20,000. THAT ENTRYWAY, WERE
24 GOING TO TEAR DOWN. WE HAVE TO REMOVE THE FLAP WORK
25 OUTSIDE WE HAVE TO DO SUBSTANTIAL INTERIOR
26 DEMOLITION.
MARCH 27, 1997
* * * * * * * * * * * *
March 27, 1997
Fage 10
1 SO WHILE I UNDERSTAND THE FRUSTRATION. I'M
2 JUST SAYING HIS IS NOT A DEMOLITION ISSUE WE
3 ARE -• WE ARE NOT EVEN THE PARTIES THAT WERE THERE
4 FOR THE ORIGINAL DEMOLITION PERMIT THAT GOES BACK. I
5 THINK, ACTUALLY TWO OR THREE YEARS ON THIS PROPERTY.
6 WE STARTED CONSTRUCTION, AND ALL WE WANT IS OUR
7 RIGHTS. WE PAID FOR A CONSTRUCTION PERMIT. WE PAID
3 S16,000 TO THE CITY. WE HAVE ACTED IN GOOD FAITH.
9 AND WE JUST WANT TO GO FORWARD AND CONTINUE BUILDING
10 ON OUR PROPERTY.
11 ARE THERE ANY QUESTIONS?
12 MAYOR PRO TEN BENSON: YOU SAID IT WAS 450,000
13 THAT YOU NEED TO FINISH THE PROJECT. DO YOU HAVE
14 THAT MONEY?
15 MR HOMME WELL, WE HAVE THE MONEY, BUT IT'S
16 NOT THROUGH A LOAN. AND WE HAVE ALREADY - OF THAT
17 TOTAL, WE HAVE ALREADY PROBABLY PUT IN DIRECTLY IN
18 CONSTRUCTION COSTS ABOUT S20,000 INTO THE PROPERTY.
19 JUST THE ASBESTOS REMOVAL ON THE PROPERTY, AS I
20 INDICATED, WAS OVER S7,000. HOW THIS CAN BE
21 CONSTRUED AS NOT COMMENCING CONSTRUCTION IS AN
22 AMAZEMENT TO ME.
23 THERE'S SO MANY CONTRACTORS - I AM A
24 DIRECTOR OF THE DESERT CONTRACTORS ASSOCIATION.
25 THERE IS A LOT OF SLACK THE art CUTS WITH
26 CONTRACTORS AS FAR AS WHAT INVOLVES COMMENCEMENT OF
Page 11
1 CONSTRUCTION TO GIVE A CONTRACTOR OR DEVELOPER A
2 BREAK BECAUSE THEY DO HAVE PROBLEMS WITH THEIR
3 FINANCING. THE PROBLEM HERE ISN'T COMMENCING
4 CONSTRUCTION. THE PROBLEM IS THE BUILDING DEPARTMENT
5 HAS PUT UP WITH A LOT OF HEAT BECAUSE OF THIS
6 BUILDING, AND ITS BAD BLOOD FROM BEFORE ON THIS
7 BUILDING.
8 CITY COUNCILMAN CRITES: MR. HOMME, YOU'VE HAD
9 NO CONTROL OVER IT THIS LAST YEAR?
10 MR. HOMME: WE'VE HAD CONTROL OVER IT AND WE'VE
11 ACTED -
12 CITY COUNCILMAN CRITES: WELL, I JUST -
13 MR HOMME: RIGHT, WE'VE -
14 CTIY COUNCILMAN CRITES: THE ISSUE IS NOT FROM
15 WAY BACK WHEN.
16 MR HOMME: WELL, NO, WHAT I'M TALKING ABOUT -
17 CITY COUNCILMAN CRITES: I SEEM TO REMEMBER IT
13 BEING IN THE DESERT SUN A SHORT TIME AGO, DIDN'T I?
19 MR. HOMME: PARDON ME?
20 CITY COUNCILMAN CRITES: I THINK I REMEMBER SOME
21 THINGS DURING THIS LAST YEAR ABOUT THAT PROPERTY AND
22 ABOUT SOME OF THE WAYS IN WHICH IT'S BEEN TREATED AND
23 WHAT HASN'T HAPPENED. SO WHILE YOU MAY OR MAY NOT
24 HAVE AN ISSUE ABOUT THIS. TO SUGGEST THAT ALL OF
25 THESE ISSUES ARE BACK IN THE OLD DAYS BEFORE YOU WERE
26 THERE IS, I THINK, SOMETHING THAT YOU'RE ILL-ADVISED
Page 12
1 SAYING. AND I THINK EVEN YOU KNOW THAT'S NOT TRUE
2 MR. HOMME: WELL NO, WHAT I WAS REFERRING TO,
3 COUNCILMAN, IS THE PROPERTY WAS PUT INTO ITS
4 CONDITION PRIOR TO US OWNING THE PROPERTY. I'M NOT
5 SAYING WE'RE NOT - WE HAVEN'T BEEN IN CONTROL OF THE
6 PROPERTY IN THE LAST YEAR. THATS ALL I'M SAYING.
7 CITY COUNCILMAN CRITES: AND THE ISSUES THAT
8 HAPPENED DURING THE LAST YEAR HAVE BEEN WHILE YOU
9 HAVE BEEN IN CONTROL OF THAT PROPERTY.
10 MR. HOMME: ABSOLUTELY. NO QUESTION.
11 ABSOLUTELY.
12 MAYOR PRO TEM BENSON: DO YOU HAVE ANY
13 QUESTIONS?
14 CITY COUNCILMAN SPIEGEL: YEAH, I HAVE ONE.
15 FIRST OF ALL, DO YOU HAVE THE BILL TO SHOW
16 THE S95,000 YOU HAVE REINVESTED?
17 MR. HOMME: I WILL BE HAPPY TO SUBMIT THAT FOR
18 THE RECORD. HERE'S THE COMPUTER -
19 CITY COUNCILMAN SPIEGEL: I APPRECIATE THAT.
20 AND SECONDLY. YOU SAID THAT YOU'LL NOW
21 HAVE EVERYTHING PRETTY WELL UNDER CONTROL IN
22 APPROXIMATELY A YEAR.
23 MR HOMME: ABSOLUTELY.
24 CITY COUNCILMAN SPIEGEL: IS THERE ANY KIND OF A
25 TIME FRAME THAT THE CITY CAN SEE, AND IF YOU DON'T
26 LIVE UP TO THAT TIME FRAME. THEN WE WOULD GO AHEAD
Yates & Associates
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Page 7 - Page 12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
* * * * * * * * * * * * * * * * * * * *
EXHIBIT "B"
Esquire Apartments Condenselt"'I
Page 13
1 WITH THE COURT ORDER? 1
2 MR. HOMME: WELL, THAT'S A MULTI -PART QUESTION. 2
3 FIRST, WE HAVE A CONSTRUCTION SCHEDULE 3
4 THAT I'D BE HAPPY TO SUBMIT THAT WE PREPARED. 4
5 I MEAN, TECHNICALLY THE ISSUE IS, HAVE WE 5
6 COMMENCED CONSTRUCTION? AND YOU'RE RIGHT, WILL WE 6
7 KEEP TO THE SCHEDULE OR NOT? BUT I'D BE HAPPY TO 7
3 CONTINUE THIS MEETING UNTIL MAY 15 AND SHOW TO YOU 3
9 OUR GOOD FAITH THAT WE PUT OVER 22,000 JUST DOING 9
10 DEMOLITION ON THE FIRST PART OF THE CONSTRUCTION 10
II SCHEDULE. 1'D BE HAPPY TO DO THAT. 11
12 CITY COUNCILMAN SPIEGEL: YOU'VE ALREADY CHANGED 12
13 APRIL THE 30TH TO MAY 15TH. 13
14 MR. HOMME: THE REASON I DID THAT IS BECAUSE I'M 14
15 NOT GOING TO STAND UP AND MAKE A PROMISE FOR MY 15
16 CLIENT THAT I DON'T THINK WE CAN KEEP. THE 16
17 CONTRACTOR IS HERE AND HE SAID, MARC, IT WILL TAKE AT 17
13 LEAST SIX WEEKS TO COMPLETE THAT. AND IT'S THAT 18
19 SIMPLE. 19
20 MAYOR PRO TEM BENSON: WHAT GUARANTEE DO WE 20
21 HAVE, THOUGH, AFTER THAT BIT IS DONE, WHICH IS JUST 21
22 TAKING CARE OF THE IMMEDIATE, THAT YOU'RE GOING TO 22
23 CONTINUE AND FINISH IT ON SCHEDULE? DO WE HAVE ANY 23
24 FINANCIAL BOND OR ANYTHING THAT YOU'RE WILLING TO PUT 24
25 UP TO SHOW? 25
26 MR. HOMME: WELL, WHAT YOU COULD DO IS YOU COULD 26
Page 14
1 CONTINUE YOUR HEARINGS AND WE COULD HAVE REVIEWS OF
2 IT AS WE GO. AND IF YOU — AND THE CITY COUNCIL IS
3 FREE TO TAKE — TO ATTEMPT TO TAKE ANY ACTION THEY
4 WANT IF THEY DON'T THINK WE'RE GOING TO COMPLY WITH
5 THAT SCHEDULE BUT I BELIEVE WE WILL COMPLY WITH THE
6 SCHEDULE.
7 CITY COUNCILMAN CRITES: I WOULD LIKE TO ASK THE
8 CITY ATTORNEY WHETHER OR NOT HE'S COMFORTABLE WITH
9 STAFF RECOMMENDATION, OR DOES HE BELIEVE WHAT
10 MR HOMME HAS SUGGESTED?
11 CITY ATTORNEY IRWIN: I HAVE NOT SEEN ANY OF
12 MR HOMME'S DOCUMENTS. 'THEY'RE BEING PASSED AROUND.
13 I DID GO WITH MR. CONLON THIS AFTERNOON TO
14 THE APARTMENTS. THE COUNCIL SHOULD BE AWARE THAT
15 THEY HAVE PUT INTO TWO OF THE APARTMENTS SOME GROUND
16 PLUMBING. IT IS — IF IT IS COMMENCEMENT, IT IS A
17 BARE COMMENCEMENT, IN MY ESTIMATION.
18 AND I GO BACK AND RELY UPON COUNCIL'S —
19 AT LEAST ONE MEMBER OF THE COUNCIL, I THINK WILL
20 RECALL THE EXERCISES THAT THIS CITY WENT THROUGH IN
21 1973 WHEN THE QTY INCORPORATED, WHEN WE HAD A NUMBER
22 OF ISSUES LIKE THIS DEPENDENT UPON WHETHER THE COUNTY
23 PERMITS THAT HAD BEEN ISSUED, WHETHER CONSTRUCTION
24 HAD BEEN COMMENCED UNDER THOSE OR NOT. IF I WERE TO
25 COMPARE THIS WITH WHAT WE DID AT THAT TIME, THIS
26 WOULD NOT BE A COMMENCEMENT OF CONSTRUCTION.
Page 15
l CITY COUNCILMAN SPIEGEL: HAVE YOU READ THE
2 COURT ORDER?
3 CITY ATTORNEY IRWIN: YES, I HAVE A COPY OF THE
4 COURT ORDER HERE, IF COUNCIL WOULD LIKE TO SEE IT.
5 BASICALLY IT STARTS WITH THE STIPULATION THAT REALLY
6 EXTENDS THE DEMOLITION ORDER WHICH WAS TO BE
7 ACCOMPLISHED OCTOBER 1 OF '96. IT EXTENDS IT FOR
8 THIS PERIOD OF TIME.
9 THE CONSTRUCTION THAT HAS BEEN DONE, THERE
10 HAS BEEN A START OF SOMETHING. I DO NOT BELIEVE IT
11 IS SUBSTANTIAL CONSTRUCTION.
12 CITY COUNCILMAN CRITES: IT MIGHT BE APPROPRIATE
13 TO MOVE THE STAFF RECOMMENDATION ONLY ALLOWING THE
14 MAYOR TO SIGN OR TO SO CERTIFY AFTER VISITING WITH
15 THE CITY ATTORNEY AND MAKING SURE THE CITY ATTORNEY
16 IS SATISFIED —
17 CITY ATTORNEY IRWIN: I THINK THAT'S
18 APPROPRIATE-
19 CITY COUNCILMAN CRITES: — WITH THE CITY'S
20 LEGAL POSITION.
21 CITY COUNCILMAN SPIEGEL: I'LL SECOND.
22 MAYOR PRO TEM BENSON: ANY OTHER DISCUSSION?
23 VOTE ON THE MOTION.
24 CITY CLERK GILLIGAN: HAS EVERYONE VOTED?
25 MOTION CARRIES BY UNANIMOUS VOTE.
26 (END OF PROCEEDINGS.)
Yates & Associates
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MARCH 27, 1997
* * * * * * * * * * * *
CERTIFICATE
STATE OF CALIFORNI1 SS
COUNTY OF RIVERSIDE )
March 27, 1997
Page 16
I, TAMARA A. BARON, C.S.R. NO. 6874, A CERTIFIED
SHORTHAND REPORTER IN AND FOR THE STATE OF
CALIFORNIA, DO HEREBY CERTIFY:
THAT THE SAID PROCEEDINGS WERE TAKEN BEFORE ME
AT THE TIME AND PLACE THEREIN STATED, AND WAS
THEREAFTER TRANSCRIBED INTO TYPEWRITING UNDER MY
DIRECTION AND SUPERVISION, AND I HEREBY CERTIFY THE
FOREGOING IS A FULL, TRUE AND CORRECT TRANSCRIPT OF
MY SHORTHAND NOTES SO TAKEN.
I FURTHER CERTIFY THAT I AM NOT OF COUNSEL OR
ATTORNEY FOR EITHER OF THE PARTIES HERETO OR IN ANY
WAY INTERESTED IN THE EVENT OF THIS CASE AND THAT I
AM NOT RELATED TO EITHER OF THE PARTIES THERETO.
WITNESS MY HAND THIS 7TH DAY OF APRIT., 1997.
Z-11~5 ON
CERTIFIED COPY CERTIFICATE
Page 17
I, TAMARA A. BARON, A CERTIFIED SHORTHAND
REPORTER, NO. 6874, HEREBY CERTIFY THAT THE ATTACHED
TRANSCRIPT IS A CORRECT COPY OF THE ORIGINAL
TRANSCRIPT OF THE PROCEEDINGS TAKEN BEFORE ME ON
MARCH 27, 1997, AS THEREON STATED.
I DECLARE UNDER PENALTY OF PERJURY THAT
THE FOREGOING IS TRUE AND CORRECT.
EXECUTED AT PALM SPRINGS, CALIFORNIA, THIS
7TH DAY OF APRIL, 1997.
TAMARA A. BARON
C.S.R. NO. 6874
Page 13 - Page 17
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
* * * * * * * * * * * * * * * * * * *
Esquire Apartments
$16,000 [3] 7:5 AMAZEMENT [1]
7:19 10:8 10:22
$168,580pi 5:25 ANSWER pi 3:10
$20,000 [2] 9:23 APARTMENT p1
10:18 3:20 3:21 4:7
$23,900 [2] 5:24 APARTMENTS pi
6:2 3:15 14:14 14:15
$440,000 [2] 8:3 APPEARANCES p1
8:5 2:1
$7,000 [21 7:9 APPLICANT p1
10:20 4:3
$9,000 [1] 7:10 APPLIED [2] 8:6
$95,000 pi 12:16 8:10
$97,000 [2] 7:8 APPLYING [11 8:24
8:7 APPRECIATE P1
'96 [11 15:7 12:19
00 [2] 1:12 3:2 APPROPRIATE (2]
1 [11 15:7 15:12 15:18
15 (1) 13:8 APPROVE [1] 4:15
15TH [1] 13:13 APPROVED (1]
1973 p] 14:21 4P
1997 pi 1:8 3:1 ��' p1 13:13
16:19 17:11
16:19 17:7 17:11 AREA [1] 5:17
22,000 (11 13:9 ASBESTOS [2] 7:10
3:1 10:19
ASSOCIATION [1]
10:24
ATTACHED (11
17:4
ATTEMPT P] 3:10
14:3
ATTORNEY (11]
2:7 3:6 3:20
6:10 14:8 14:11
15:3 15:15 15:15
15:17 16:16
AUTHORIZE p]
5:16
AUTHORIZING (1]
4:26
AWARE p] 14:14
ACCOMPLISHED p1 BACKGROUND [11
15:7 6:15
10:8 BAD (1] 11:6
BANK [1] 8:6
BANKS pi 8:6
BARE [11 14:17
4:8 BARON [s] 1:21
16:6 16:22 17:3
17:17
BEHIND (1] 5:12
BENSON [s1 2:3
3:4 3:12 6:7
10:12 12:12 13:20
15:22
BIDS [11 5:20
BILL (1] 12:15
BIT [1] 13:21
BLOOD [11 11:6
12:26 BOND (1] 13:24
9:1 BOUGHT p] 6:19
6:20 6:25
BREAK [11 11:2
BUFORD [1] 2:5
?7 [31 1:8
17:7
3 (11 5:14
30TH [11
4 (21 1:12
450,000 [11
6874 [s] 1:22
16:22 17:4
73-510 (1]
7TH [2] 16:19
85 p1 7:8
9 p] 6:4
ABATEMENT [11
6:26
ABSOLUTELY p]
12:10 12:11 12:23
ACTED p1
11:11
ACTION pi
7:17 7:17
14:3
ACTIVE [11
ADDRESS [11
13:13
3:2
10:12
16:6
17:18
1:17
17:11
7:1
8:18
4:12
ADMINISTRATIVELY
[11 4:2
AFTERNOON p1
3:19 6:9 14:13
AGAINST p1 7:1
7:1
AGENDA [2]
3:16
AGO (416:21
8:11 11:18
AHEAD (11
ALLOW [11
ALLOWING [11
15:13
3:7
8:10
EXHIBIT "B"
CondenseIt�'
BUILD [21 8:3
9:13
BUILDING 11613:17
3:24 5:15 7:19
8:18 8:21 10:9
11:4 11:6 11:7
BUILT p1 9:12
C [21 16:1 16:1
C.S.R (4) 1:22
16:6 16:22 17:18
CALENDAR [1]
3:9
CALIFORNIA (s7
1:17 3:1 16:3
16:8 17:10
CARE [11 13:22
CARRIES (1] 15:25
CASE [3) 4:6
4:9 16:17
CENTER p] 1:16
CERTAIN (1] 7:18
CERTAINLY [2]
5:12 9:5
CERTIFICATE (1]
17:1
CER111(1hD p]
16:6 17:1 17:3
CERTIFY pi 15:14
16:8 16:12 16:15
17:4
CHAMBERS (1]
1:16
CHANGED (1] 13:12
CHARGE [2] 62
6:3
MARCH 27, 1997
* * * * * * * * * * * * *
$ 16,0
COMMENCE pi
8:17
COMMENCED [4]
7:22 9:2 13:6
14:24
COMMENCEMENT
[61 3:23 4:1
10:26 14:16 14:17
14:26
COMMENCING 121
10:21 11:3
COMMENT p] 6:13
COMPARE [11 14:25
COMPLETE [ii
4:3 4:7 4:10
5:3 9:10 9:21
9:22 13:18
COMPLEX (2) 3:21
4:7
COMPLY [21 14:4
14:5
COMPUTER (11
12:18
CONDITION [3]
6:22 6:24 12:4
CONDITIONS p]
8:12
CONFUSED [1]
6:5
CONLON (13] 3:8
3:13 4:14 4:17
4:21 5:5 5:8
5:19 5:22 6:4
6:13 6:16 14:13
CITY (s41 1:4
2:4 2:5 2:6
2:7 2:8 3:6
3:20 4:14 4:18
5:1 5:6 5:18
5:19 5:23 5:26
6:1 7:2 7:5
7:17 7:20 8:11
8:18 8:20 9:1
9:4 10:8 10:25
11:8 11:12 11:14
11:17 11:20 12:7
12:14 12:19 12:24
12:25 13:12 14:2
14:7 14:8 14:11
14:20 14:21 15:1
15:3 15:12 15:15
15:15 15:17 15:19
15:21 15:24
C1TY'S p] 15:19
CIVIC (1] 1:16
CLEAN p] 6:8
9:18
CLEANUP PI 7:11
9:17
CLEAR [11 7:5
CLERK (1] 15:24
CLIENT (1] 13:16
CODE [4] 3:24
4:1 8:16 8:20
COMFORTABLE p]
5:6 5:8 14:8
CONSTRUED [1]
10:21
CONTEXT p1 3:26
CONTINUE [4] 10:9
13:8 13:23 14:1
CONTRACT (2]
4:15 4:21
CONTRACTOR [2]
11:1 13:17
CONTRACTORS (5]
4:20 8:25 10:23
CONLON'S [2] 7:3
9:16
CONSENT (2] 3:4
3:9
CONSISTENT (21
4:19 5:4
CONSISTENTLY (11 DAVE [2]
8:24 5:17
CONSTITUTED p] DAVE'S pi
3:23
CONSTITUTES (1] DAVID [11
3:26
CONSTRUCT pi
9:12
CONSTRUCTION
[2o1 4:24 7:23
8:17 9:2 9:9 DECLARE [11
9:10 9:18 10:6 DEEPLY [11
10:7 10:18 10:21 DELAY [2]
11:1 11:4 13:3 7:24
13:6 13:10 14:23
00 - DEPLORABLE
10:24 10:26
CONTROL [5] 11:9
11:10 12:5 12:9
12:21
COPY [41 3:16
15:3 17:1 17:5
CORRECT p] 16:13
17:5 17:9
COSTA] 9:23
COSTS p] 10:18
COUNCIL pit 1:4
1:16 3:10 3:14
3:14 6:14 6:18
14:2 14:14 14:19
15:4
COUNCIL' S (11
14:18
COUNCILMAN [271
2:4 2:5 2:6
4:14 4:18 5:1
5:6 5:18 5:19
5:23 6:1 11:8
11:12 11:14 11:17
11:20 12:3 12:7
12:14 12:19 12:24
13:12 14:7 15:1
15:12 15:19 15:21
COUNSEL [1] 16:15
COUNTY [2] 14:22
16:4
COURT [51 4:25
5:15 13:1 15:2
15:4
CRITES [1s] 2:5
4:14 4:18 5:1
5:6 5:18 11:8
11:12 11:14 11:17
11:20 12:7 14:7
15:12 15:19
CUTS pi 10:25
DATE p] 1:7
5:11
3:22
2:7
DAYS [3] 8:9
8:11 11:25
DEAL (11 7:4
DEBT (2] 6:26
7:5
17:8
6:16
7:14
14:26 15:9 15:11 DEMOLITION (131
4:16 4:23 4:26
5:21 7:11
9:22 9:26
10:4 13:10
5:16
8:26
10:2
15:6
DEPARTMENT [4]
4:2 8:19 8:21
11:4
DEPENDENT p]
14:22
DEPLORABLE [11
6:22
Yates & Associates 27
Index Page 1
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
* * * * * * * * * * * * * * * * * * *
Esquire Apartments
DESERT [6] 1:4
1:17 3:1 6:10
10:24 11:18
DEVELOPER pi
11:1
DIAZ [2] 2:8
5:26
DIP1-hRENCE p]
5:25
DIFFERENT p]
4:9
DIFFICULTY p]
8:1
DIRECTION p]
16:12
DIRECTLY p] 10:17
DIRECTOR p1 10:24
DISCUSSION p]
15:22
DISMISSED p]
7:18
DOCUMENTS p]
14:12
DOESN'T [3] 8:17
8:20 8:25
DONE p] 7:12
13:21 15:9
DOUG p] 7:3
DOWN p] 9:24
DRIVE (1] 1:17
DURING [2] 11:21
12:8
E [2] 16:1 16:1
EFFORTS [3] 7:3
7:4 9:17
EITHER [2] 16:16
16:18
EMOTIONAL p1
7:26
END p] 15:26
ENFORCED (2]
4:2 4:19
ENTRYWAY p]
9:23
ERWINpi 2:7
ESQUIRE pi 3:15
ESTIMATION p]
14:17
EVENT p1 16:17
EXACTLY [2] 3:22
3:26
EXCELLENT p]
8:23
EXECUTED p1
17:10
EXERCISES (i1
14:20
EXPIRATION p]
5:14
EXPIRE [2] 4:25
9:2
EXPIRED p] 3:18
EXPIRES p1 3:25
EXPOSURE p]
9:4
Yates & Associates
EXTENDS [2] 15:6
15:7
Fp] 16:1
FAITH [3] 7:23
10:8 13:9
FAR pi 10:26
FASHION p1 5:4
FAST p] 7:24
FELT pi 3:22
FENCE p] 9:18
FEW pi 8:12
FINANCIAL p]
13:24
FINANCING [i]
11:3
FINISH [2] 10:13
13:23
FIRST [s] 4:4
5:3 12:15 13:3
13:10
FITS (u 5:2
FLAP p] 9:24
FOLKS [2] 4:12
5:12
FORECLOSURE[2]
6:20 6:23
FOREGOING [2]
16:13 17:9
FORWARD [s] 7:2
7:23 7:24 7:25
10:9
FRAME [2] 12:25
12:26
FRED [i] 1:17
FREE p] 14:3
FRUSTRATION p]
10:1
FULL p] 16:13
FUNDING p] 8:1
GENEVIEVE p]
6:11
GENTLEMEN p]
9:15
GILLIGAN p] 15:24
GOES p] 10:4
GOOD [a] 6:9
6:14 7:3 7:4
7:23 9:16 10:8
13:9
GRIP pi 5:26
GROUND p] 14:15
GROUNDWAY [i]
3:19
GUARANTEE pi
13:20
GUIDANCE p]
5:17
HAMMERS [i] 5:26
HAND p] 16:19
HAPPY [4] 12:17
13:4 13:7 13:11
HEARINGS p] 14:1
HEAT (i] 11:5
HELD p] 3:5
EXHIBIT "B"
CondenseItr`
' HEREBY (3] 16:8
16:12 17:4
HERETO p1 16:16
HISTORICAL [I]
6:15
HISTORY p] 7:15
HOMME [16]
6:10 10:15
11:10 11:13
11:19 12:2
6:9
11:8
11:16
12:10
12:17 12:23 13:2
13:14 13:26 14:10
HOMME'S p1 14:12
HOUSE [2) 9:12
9:13
ILL-ADVISED p]
11:26
IMMEDIATE [1]
13:22
INCLUDE p] 7:12
INCLUDES [2] 7:9
7:10
INCORPORATED p]
14:21
INDICATED p]
10:20
INSPECTED p]
8:11
INSPECTION [9]
3:18 3:19 4:4
4:4 4:7 4:10
4:10 8:10 8:20
INTERESTED p]
16:17
INTERIOR pi 9:25
INVOLVES p] 10:26
IRWIN [41 3:6
14:11 15:3 15:17
ISSUE p3] 4:12
5:10 6:18 7:25
7:26 8:9 8:26
8:26 9:3 10:2
11:14 11:24 13:5
ISSUED [z] 8:14
14:23
ISSUES [6] 4:19
5:2 8:14 11:25
12:7 14:22
ITEM p] 3:4
ITEMS p] 3:5
ITSELF p] 8:16
J p] 2:7
JEAN p] 2:3
KEEP [2] 13:7
13:16
KIND [2] 6:17
12:24
KNOWN p] 6:17
LADIES p] 9:15
LAST [4] 11:9
11:21 12:6 12:8
LAWSUIT p] 9:5
LEAST [21 13:18
14:19
LEGAL [2] 7:25
MARCH 27, 1997
* * * * * * * * * * * * *
15:20
LENDERS p] 8:1
LIABILITY (i] 9:5
LIKELIHOOD p]
8:2
LIST p] 6:4
LIVE p] 12:26
LLC p1 6:11
LOAN [3) 8:5
8:6 10:16
LOCATION (q 1:15
LOOK p1 9:14
Mp] 2:3
MADAM [2] 3:6
3:13
MAJOR p] 9:17
MANAGER [2) 2:8
5:26
MARC [2] 6:9
13:17
MARCH [3] 1:8
3:1 17:7
MAY [4] 11:23
11:23 13:8 13:13
MAYOR p2] 2:3
3:4 3:6 3:12
3:13 3:14 6:7
10:12 12:12 13:20
15:14 15:22
MEAN pi 13:5
MEETING [2] 1:4
13:8
MEMBER pi 14:19
MEMBERS p] 3:13
MET p] 8:13
MIGHT [2] 6:4
15:12
MIND p] 4:11
MISSING [i1 6:17
MONEY [4] 8:5
9:6 10:14 10:15
MOTION [2] 15:23
15:25
MOVE p] 15:13
MOVED p] 7:23
MULTI -PART p]
13:2
NAME p] 6:9
NECESSARILY [11
9:11
NECESSARY p]
4:4
NEED p] 10:13
NEGOTIATED [2]
7:2 7:4
NEVER p] 4:21
NEXT [2] 3:4
9:20
NINE ri] 5:20
NOTE p] 6:20
NOTES pi 16:14
NOTHING p] 4:25
NOW [3] 8:4
28
DESERT - PRO
8:23 12:20
NUISANCE p] 4:23
NUMBER p] 14:21
OBTAINING p]
8:1
OCTOBER pi 15:7
OFF pi 3:7 8:14
OLD [21 7:1 11:25
ONE m 5:20 5:24
6:2 6:3 8:14
12:14 14:19
OPINION [3] 3:22
5:11 5:13
ORDERm 4:23
4:25 5:15 13:1
15:2 15:4 15:6
ORIGINAL [2] 10:4
17:5
OUTSIDE p] 9:25
OWN [2] 8:3
8:22
OWNER [3] 6:11
7:1 7:6
OWNING p] 12:4
P.M [2] 1:12 3:2
PACKET p] 3:9
PAID [6] 7:4
7:18 7:19 7:20
10:7 10:7
PAINTED p] 9:15
PALM pi 1:4
1:17 3:1 6:10
17:10
PARDON p] 11:19
PART p] 13:10
PARTIAL [3] 3:19
4:10 5:3
PARTIES (4] 7:18
10:3 16:16 16:18
PASSED p] 14:12
PAST [2] 4:20
52
PENALTY [I] 17:8
PENDING p] 4:22
PEOPLE 11 3:8
PERIOD 1] 15:8
PERJURY 11 17:8
PERMIT m 3:25
4:8 5:15 7:20
9:1 10:4 10:7
PERMITS [3] 3:17
4:25 14:23
PHILLIPS' 1] 7:3
PLACE 1] 16:10
PLUMBING (2]
7:13 14:16
POCKET p] 8:3
POINT [4] 4:18
4:22 5:10 8:23
POSITION [2] 8:4
15:20
PREPARED p] 13:4
PRETTY p] 12:21
PRO [v] 2:3 3:4
Index Page 2
EXHIBIT "B"
O
v_, 00 M _M _N /� ,O N •-. _ _ d' 0 _N Vl N Tr h 00 -. N ry N ,O n N' N N N " ON 00 n
• '. �O (n v, O, A n-. -. -N+ 00 ' J : M A M M O� -� .M� M M 00 7 ^�I kii ^ M N -� --' O1 as ,O --. Nr ,O
... _^ �+ Fey_( r a M �O w
^E" ^�+nA n a v c+? F [}] yam-, N ri
M OiJ O; h z z^ y^ ~ 0 ~ C^ n E[j] .�"^. 'NLi �'' CI jily�y yN. ~ W (]] O W W O F N ~ v � uj � � N � � W � a O N N � .n t-i
OO:°NOOO `0PCOC ao 9NnFo _ aNaQw OVIO MC� O^+N O^O00
_ a O M M 0 _ O 00 ,O Cr)
-+ Vl ,D v) N O ^+ N vl M ? "N. N 00
M 00 7 N ^ �.. 17:`. M V1 O ,/) ,p is oo -.. N .M-., N N N v n .-. -. .^. vl NO' (y O N
M .� [� Vj -. ." ± y M r') •-. O ,' t%i �o Vi Yi
NCI a"0 M o �Q G V�F ooN `' "' �^ ;--6"1).,Li;1
dq^��-. v'��``~7�y Qzy4FFFy�J~ y[�.�W •• rWzi.��� o V�iv%��
U �WW��°v�,ddl- � p�q;pq�v�A�M009, ypWFi0°4
cno "wwm wmcno^� woo-m Vavi-ow "V�FFFF
^-. O .t teD ,O sO -.-.- n N �o ;"N
00
^ -4+ 7 y . n O, M b y '0 b .�. Q\ ^ al: N 00 00 -.. V'1 M � �+ MV'. -^-� 00 .-+ q'r .nw .N-, .v'. .07 O, .M-j O^ N O, M
EE
cl
W aW� y A OCcz,_ W /�1 W^M >. Vl Zv v,
EE
F E ^O4'O OE oFIS c4 V��WFW " H a v y A� Zz 0 H � c= Aa 1~ w e
4'.°,1,› R R(P1RUi,02,,02,7 .1.-ccil Fl"'n cCA44
al WW"DM )�UUC�+UWW00nOoo'Z — ^71 �C1U W
(g2 '[g2[g2 [��] 7 0 M !v n ,o �%`-i �]o -0i.J ooQoo Uv�,'-m W WSW W W4.1zri'ol�rm Ul„` ... `� L-l.4 otz
W W W ^ ^ ^ ^ ^ �^ W ^ ^ a g c. &D V) col cn V: VI cn cn cn Vi~VJ~Vi cn Vi^V w cn cn cn cn
y _ z
o o^ 00
0 N M 7,0 •1 . N N ✓1 O Tr O, N ,O M ') Cl -. n M M Vl „ 00 V) r�Orr O,
f� M ^-� y ^ V, N - u ! N N O' Cl 00 Q -. C1 - fN N N n ,,,. M O -• N N N yj -• Vl �-• t'r n .^.
o •-. ..» 7 V n b ,D ,O n t, 00 O, O, Ot -. •-4 st t` 00 �...-. ~^.-. o0 00 v, M -. '0 -. n �• v, -�.. � N-.
CA
Q. ^ ... A Ol N O W ... 7 •--� oo Vl Q W M f+ •-. Oi •-. 'Ed
^ r.' ^ .�..�. sr ...
r.
�y r.,1 W LU W b UU WU (J W W ,D bap r-n00 Qi O)�O^ O-N+ r` Q'sO d 00—. -• O7 4.1 ~ b /\ W N :^ .-�+ Z.M. Vl �/
.:..7 NNQ' Q: d, ,.., 5 ft! a co W U N `. N0 ,L- FtW-�0 -Qaa� W O ,., ♦WWWO� o ry ..., N Q 7 O (V 0 !V O -. ✓O O/ O O � O/ Q no. M 47 M N v, N -. M Ch pn .-. P4 n M .-. O .- O r1 Z >"< d d b V r V^ _ ^. V !V
N 'OV, g.. g7: Wv'-. g� W W gN W ••CNN.-. N... n^. NO W N �N `.'. so
N N
' w ,� o o v, o 0 0�00006 0 o c v o^ ri WW WW WW WWt WWr v ttrUy WGU WW
^a. a a a waa a a '"aa a ls. ""d ^da: oLaoEoC aC �a` �o4`�acG�
i
Yates & Associates
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
* * * * * * * * * * * * * * * * * * * * * * * * * * MARCH 2* * * *, *9*7
EXHIBIT "C"
Mar-27-97 04:18P
GENEVIEVE COURT APARTMENTS
73-555 San Gorgonio Way
Palm Desert, CA 92260
CONSTRUCTION COMPETION SCHEDULE
Complete Demolition
Ground Plumbing and Electrical
Complete Framing
Air Conditioning Prep Work
Rough Plumbing and Electrical
I.a th
Roofing
Drywall
Plaster
Finish Carpentry
Paint
Cabinets
Concrete Decks and Flatwork
Finish Plumbing and Electrical
Complete Air Conditioning
Pool Equipment and Pool Plaster
Floor Coverings
Landscaping
soV, 1997
June 15, 1997
August 1, 1997
September 1, 1997
September 15, 1997
October 1, 1997
November 1, 1997
December 1, 1997
January 15, 1998
January 20, 1998
January 25, 1998
February 1, 1998
February 15, 1998
March 1, 1998
March 1, 1998
March 15, 1998
March 15, 1998
April 1, 1998
P.O1
30