HomeMy WebLinkAbout2002-10-10MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 10, 2002
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Kelly convened the meeting at 3:02 p.m.
II. ROLL CALL
Present:
Mayor Pro-Tempore Jean M. Benson
Councilman Buford A. Crites arrived at 3:04 p.m.
Councilman Jim Ferguson arrived at 4:00 p.m.
Councilman Robert A. Spiegel
Mayor Richard S. Kelly
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Rachelle D. Klassen, City Clerk
Paul S. Gibson, Director of Finance/City Treasurer
Teresa L. La Rocca, Director of Housing
Joseph S. Gaugush, Director of Public Works/City Engineer
David Yrigoyen, Director of Redevelopment
Robert P. Kohn, Director of Special Programs
Steve Smith, Planning Manager
III. ORAL COMMUNICATIONS - A
None
IV. ADJOURN TO CLOSED SESSION
Upon motion by Spiegel, second by Benson, and a 4-0 vote (with Councilman Crites
ABSENT), Mayor Kelly adjourned the meeting to Closed Session at 3:03 p.m.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 44-630 Portola Avenue (APNs 625-062-015/016)
Negotiating Parties:
Agency: Carlos L. Ortega/Lauri Aylaian/City of Palm Desert
Property Owner: City of Palm Desert
Under Negotiation: x Price x Terms of Payment
2) Property: 97 Acres west of the Palm Valley Channel, south of
Painter's Path
Negotiating Parties:
Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: G. George Fox
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
V. RECONVENE REGULAR MEETING - 4:00 P.M.
Mayor Kelly reconvened the meeting at 4:05 p.m.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson
VII. INVOCATION - Councilman Jim Ferguson
VIII. ORAL COMMUNICATIONS - B
MS. LUCIA MORAN, P. O. Box 1305, La Quinta, CA, asked to speak at this time as
she was unable to stay until Ordinance No. 1025 would be considered on the
agenda. She stated she was a property manager for a Canadian company,
Whiterock Investments, the owner of several commercial buildings in the area of
Enfield Lane, where the parking of commercial trailers and trucks along the street
had become a significant issue. She presented the Council with a booklet of
pictures documenting the situation in the area she managed and urged adoption of
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
Ordinance No. 1025. She expressed appreciation to the City Council for taking up
the matter.
MS. LISHA SMITH, South Coast Air Quality Management District (SCAQMD),
introduced herself to the City Council as the new liaison for Riverside and
San Bernardino Counties. She presented each member with a portfolio of resource
information on the agency and reported on the programs it currently offered,
including no-fault consultations for businesses and a Small Business Conference
to be held on Monday, October 21.
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO THE CITY COUNCIL BY THE PALM DESERT
HIGH SCHOOL MEN'S AND WOMEN'S GOLF TEAMS.
Coach Jack Stewart and representatives of the two teams presented Mayor
Kelly with a framed photograph and thanked the City for its support, including
the use of the Desert Willow Golf Resort for all their matches.
With City Council consent, Mayor Kelly suspended the agenda at this point in order
to take up Item XVII - Public Hearing A.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 26, 2002.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 18, 22, 24, 28, 32, 34, 89, 90, 21 PD Office Complex, 27PD Office
Complex, 31PD Office Complex, 37PD Office Complex, and 93PD Office
Complex.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#490) by William L. Anderson in the Amount
of $299.95.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
C-2. CLAIM AGAINST THE CITY (#491) by Jacqueline Rothe in the Amount
of $405.42.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for the
Months of July and August 2002 (Joint Consideration with the
Palm Desert Redevelopment Agency).
E-1.
Rec: Receive and file.
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Esther Pelech
and Pierre L. Pelech for Chez Pierre, 44-250 Town Center Way, #C-1,
Palm Desert.
Rec: Receive and file.
E-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Jalazone Enterprise, Inc., for Coco's #6024, 73-397 Highway 111,
Palm Desert.
Rec: Receive and file.
E-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Alicia S. Y. Jeonkim and Myong Bae Kim for Clubhouse Liquor and Deli,
73-510 Palm Desert Drive, Palm Desert.
Rec: Receive and file.
F. MINUTES of City Committee and Commission Meetings.
1. Investment and Finance Committee Meeting of July 24, 2002.
2. Outside Agency Funding Committee Meeting of April 18, 2002.
Rec: Receive and file.
G. REQUEST FOR APPROVAL of Outside Agency Funding for
Fiscal Year 2002/03.
Rec: By Minute Motion, concur with the recommendation of the
Outside Agency Funding Committee and approve contributions
totaling $24,500 to: 1) CASA; 2) College of the Desert; 3) Food In
Need of Distribution; 4) Harvest of Wellness; 5) Retired and Senior
Volunteers.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
H. REQUEST FOR APPROVAL of Contract for Sponsorship of the
2003 Riverside County Fair and National Date Festival
(Contract No. C20490).
Rec: By Minute Motion, approve the subject contract with the
Riverside County Economic Development Agency in the amount of
$20,000 for sponsorship of the 2003 Riverside County Fair and
National Date Festival scheduled to be held February 14 - 23, 2003
and authorize the Mayor to execute same — funds are available in
Account No. 110-4800-454-3880, no additional appropriation is
requested or necessary.
I. REQUEST FOR APPROVAL of Sculpture Entitled AB OVA in the 2003/04
El Paseo Exhibition.
Rec: By Minute Motion: 1) Concur with staff and Exhibition Curator
John Nagus's recommendation to include the subject sculpture in the
2003/04 El Paseo Exhibition; 2) authorize a contract be executed
between the artist or artist's representative for the subject exhibition
(Contract No. C20270A-R).
J. REQUEST FOR APPROVAL of the Commissioning of Artist for the Property
Located at 72-960 and 72-980 Fred Waring Drive (Homme Property,
Applicant).
Rec: By Minute Motion, approve the request by Homme Property to
commission Artist John Krawczyk to create an artwork for the
Milestone Building located at 72-960 and 72-980 Fred Waring Drive.
K. REQUEST FOR APPROVAL of One -Year Lease Agreement for a Remote
Controlled Car Racetrack on City -owned Property Behind Desert Crossing
Shopping Center on Painter's Path (Contract No. C20500).
Rec: By Minute Motion, authorize the Mayor to enter into a one-year lease
agreement with Hobby Town USA, Palm Desert, California, for the
subject property and purpose (APN 640-091-010).
L. REQUEST FOR APPROVAL of Agreement for Processing a Grant for
Accident Record System (Contract No. C20510).
Rec: By Minute Motion: 1) Appropriate $43,750 from the General Fund for
the new Accident Record System; 2) authorize the City Manager to
execute the agreement with the Office of Traffic Safety to process a
grant in the amount of $43,750 for reimbursement to the City of
Palm Desert for the subject system.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
M. REQUEST FOR APPROVAL of Contract for Engineering and Professional
Services for Highway 74 Street Improvements at Indian Springs Mobile
Home Park (Contract No. C20520, Project No. 628-02).
Rec: By Minute Motion: 1) Award the subject contract to NAI Consulting,
Inc., Cathedral City, California, in the amount of $19,040; 2) approve
a 10% contingency for the project in the amount of $1,904;
3) authorize the Mayor to execute said contract.
N. REQUEST FOR APPROVAL of Contract for Design Services for the
Civic Center Administrative Services Wing Building Remodeling Project
(Contract No. C20530).
Rec: By Minute Motion: 1) Award the subject contract to
Leigh & Associates, Palm Desert, California, in the amount of $11,400
plus $1,140 for reimbursables for space design services for the
Administrative Services Wing of the Palm Desert Civic Center;
2) authorize the appropriation and expenditure of said funds from the
New Construction Tax Fund; 3) authorize the Director of Finance to
set aside a 10% contingency for the project in the amount of $1,140.
O. REQUEST FOR RATIFICATION of Contract Amendment No. 2 to Contract
No. C18710 — Relocation Services for the Proposed Widening of
Portola Avenue.
Rec: By Minute Motion, ratify Contract Amendment No. 2 in the amount of
$1,700 to the subject contract with Overland Resources, Palm Desert,
California, for provision of additional services associated with the
relocation of residents for the proposed project to widen
Portola Avenue to El Cortez Way — funding for this amendment is
available in the approved Capital Improvements Program Budget for
FY 2002/03.
P. REQUEST FOR AUTHORIZATION to Release Maintenance Security for
Tract No. 25102 (Rancho Capistrano Development, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subdivision
improvement maintenance securities for Tract No. 25102.
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Q. REQUEST FOR AUTHORIZATION to Serve Wine in Connection with Two
North Wing Gallery Artist Receptions in October 2002.
Rec: By Minute Motion, permit the possession and consumption of
alcoholic beverages in connection with two receptions to be held in
the North Wing Gallery of the Palm Desert Civic Center on
October 17, and October 31, 2002.
R. REQUEST FOR APPROVAL of the Desert Cities Track Club's Fourth Annual
"Turkey Trot."
Rec: By Minute Motion, authorize the Desert Cities Track Club to stage
their fourth annual "Turkey Trot" on Thursday, November 28, 2002
(Thanksgiving Day), from 6:30 a.m. to 8:30 a.m. in the City of
Palm Desert.
S-1. REQUEST FOR RATIFICATION of Out -of -State Travel for the Fiber Optic
Communications Training Seminar.
Rec: By Minute Motion, ratify approval of the subject out-of-state travel for
the Transportation Engineer's attendance in Verdi, Nevada,
September 29 - October 1, 2002.
S-2. REQUEST FOR APPROVAL of Out -of -State Travel for Autodesk University
User Conference.
Rec: By Minute Motion, approve the subject out-of-state travel for the
Transportation Engineer and Senior Engineering Technician in
Las Vegas, Nevada, December 3 - 6, 2002.
T. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Upon motion by Spiegel, second by Crites, the Consent Calendar was approved as
presented by a 5-0 vote.
XI. CONSENT ITEMS HELD OVER
None
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
XII. RESOLUTIONS
A. RESOLUTION NO. 02-128 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DENYING A REQUEST FOR
APPROVAL OF A GENERAL PLAN AMENDMENT AND CHANGE OF
ZONE FROM LOW DENSITY RESIDENTIAL (PR-5) TO OFFICE
PROFESSIONAL (O.P.), AND A PRECISE PLAN OF DESIGN ALLOWING
UP TO 33,310 SQUARE FEET OF OFFICE PROFESSIONAL USE FOR
3.90 ACRES AT THE NORTHWEST CORNER OF FRANK SINATRA DRIVE
AND PORTOLA AVENUE Case Nos. GPA 02-02. C/Z 02-02. and PP 02-06
(NBNA Unique Properties, LLC, Applicant).
Mayor Pro-Tem Benson moved to waive further reading and adopt Resolution
No. 02-128. Motion was seconded by Spiegel and carried by a 5-0 vote.
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1023 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY
REFERENCE, WITH CERTAIN ADDITIONS, DELETIONS, AND
AMENDMENTS, THE RULES, REGULATIONS, PROVISIONS, AND
CONDITIONS SET FORTH IN THOSE CERTAIN CODES ENTITLED,
"CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2; UNIFORM BUILDING
CODE, VOLUME 3; CALIFORNIA PLUMBING CODE; CALIFORNIA
ELECTRICAL CODE; CALIFORNIA MECHANICAL CODE; CALIFORNIA
FIRE CODE; THE MOST RECENT ADOPTED EDITIONS AND ALL
FUTURE EDITIONS AS ADOPTED AND AMENDED BY THE CALIFORNIA
BUILDING STANDARDS COMMISSION."
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1023.
Motion was seconded by Ferguson and carried by a 5-0 vote.
B. ORDINANCE NO. 1025 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 10.98
IN SECTION 10.98.010 OF THE PALM DESERT MUNICIPAL CODE,
RELATING TO COMMERCIAL VEHICLES.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1025.
Motion was seconded by Ferguson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE 2002/2003
GRANT AWARD - RIVERSIDE COUNTY ECONOMIC DEVELOPMENT
AGENCY: PALM DESERT LABOR MARKET AND BUSINESS SURVEY,
PALM DESERT BUSINESS RESOURCE GUIDE, COACHELLA VALLEY
LABOR MARKET AND BUSINESS SURVEY, AND COACHELLA VALLEY
BUSINESS RESOURCE GUIDE.
Mr. Ortega noted the staff report in the packets.
Councilman Crites moved to, by Minute Motion: 1) Appropriate $120,000 from the
Unobligated General Fund to Account No. 110-4416-414-3892 for payment of services for
the Labor Market and Business Survey, as outlined in the County of Riverside Economic
Development Agency (EDA) Grant and budget estimated revenues of $120,000 from the
County of Riverside EDA into Account No. 110-0000-331-1201 of the General Fund;
2) approve the following contracts and authorize the Mayor to execute same: a) Riverside
County EDA (Contract No. C20540A), not to exceed $120,000; b) Full Gallop Marketing
(Contract No. C20540B), not to exceed $20,000; c) College of the Desert Community
Education (Contract No. C20540C), not to exceed $13,500; d) Coachella Valley Economic
Partnership(Contract No. C20540D), not to exceed $78,000. Motion was seconded by
Ferguson and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF AN AMENDMENT TO EXTEND THE
FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN MEMORANDUM
OF UNDERSTANDING (MOU) (CONTRACT NO. C18282).
Councilman Ferguson moved to, by Minute Motion, authorize the Mayor to execute
the subject MOU Amendment. Motion was seconded by Spiegel and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF PROPOSED LANDSCAPE CONCEPT,
PHASING, AND LANDSCAPE AGREEMENT WITH
WESTFIELD CORPORATION.
Mr. Ortega noted the staff report and recommendations in the packets.
Councilman Spiegel said he had asked Public Arts Manager Richard Twedt
if he had been working with Westfield on any art pieces that might be going
into the project, and he said he had not. Councilman Spiegel asked that the
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two get together and bring to Art In Public Places Commission plans for the
center.
Councilman Crites moved to, by Minute Motion: 1) Approve the proposed landscape
concept; 2) approve the proposed phasing and accompanying Landscape Agreement with
Westfield Corporation (Contract No. C16920A); 3) direct the Developer to submit full
construction documentation within sixty (60) days of Conceptual Landscape Plan approval;
4) authorize the requested Site Plan modifications, with the Developer directed to work with
staff in order to bring plans for artwork to the Art In Public Places Commission in the near
future. Motion was seconded by Spiegel and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF APPROVAL OF THE PRE -ZONING OF
PALM DESERT GREENS, LOCATED ON THE NORTH SIDE OF
COUNTRY CLUB DRIVE AND EAST SIDE OF MONTEREY AVENUE, PR-5
(PLANNED RESIDENTIAL, FIVE DWELLING UNITS PER ACRE) FOR THE
PURPOSE OF FACILITATING ANNEXATION OF THE AREA TO THE CITY
OF PALM DESERT AND APPROVE A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT PERTAINING THERETO AND PLAN FOR
SERVICES FOR THE AREA TO BE ANNEXED Case No. C/Z 02-03
(Palm Desert Greens Association, Applicant) (Continued from the meeting
of September 12, 2002).
Mr. Ortega noted that this public hearing had been opened at a previous
public hearing during which time public testimony was received. He said the
public hearing had been kept open for the purpose of reviewing a fiscal
impact analysis related to the annexation. That fiscal impact analysis was
prepared by Sabby Jonathan, CPA, and distributed to the Council for review.
He offered to answer any questions.
Councilman Ferguson stated that he was not able to participate in this matter
because he had represented and continued to represent Suncrest Country
Club. He said although this was just the preannexation zoning for Palm
Desert Greens Country Club, and Suncrest Country Club already had its
preannexation zoning, it was his understanding that both properties would be
going to LAFCo, and the law said he should not participate in this vote.
Mayor Kelly noted that the public hearing was open, and he invited testimony in
FAVOR of or in OPPOSITION to this proposed annexation.
MS. EMMA DOE, 39-326 Moronga Canyon, Chairman of the annexation
effort in Palm Desert Greens, read a prepared statement (on file and of
record in the City Clerk's Office).
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MR. MONTE POST, 73-248 Cold Springs Way, Palm Desert Greens, asked
whether the City really wanted to annex a tract where there are already
substandard Tots not in conformance with the City's current zoning and
subdivision ordinance due to the existing encroachments across property
lines and particularly where numerous original tract monuments had been
unlawfully destroyed pursuant to Section 8771(b) of the Business and
Professions Code such that the original lot lines could not be retraced.
MS. MIRIAM MILLS, 73-450 Country Club Drive, #102, Palm Desert, said it
had been necessary for her to call 911 several times since moving into this
area, and she felt no one should object to the modest price of $36 per year
per unit. She urged the Council to annex these properties into Palm Desert.
MR. JACK EDELMAN, 73-450 Country Club Drive, #35, Palm Desert,
Suncrest Country Club, said the people from these two communities spent
a lot of money in Palm Desert, with the City receiving 1 % of all the sales tax.
He said he did not object to the City receiving this sales tax; if the City is
willing to accept their money, he felt the residents of Palm Desert Greens
and Suncrest should be allowed to be able to vote. He said he wanted to be
able to vote for whatever goes on in Palm Desert, and the only way that
would be possible is for the Council to vote in favor of the annexation.
MR. RICHARD UNITAN, 73-450 Country Club Drive, Palm Desert,
Annexation Chairman for Suncrest Country Club, said he had received a
letter from Supervisor Roy Wilson (attached hereto and made a part hereof
as Exhibit "A"). He read the letter aloud for the benefit of the audience and
distributed copies to the City Council. With regard to the Fiscal Impact
report, he noted that Page 12 indicated the projected annual revenue to the
City of Palm Desert from the Fire Tax Revenue of $36 per unit was
$105,216. The projected cost of the emergency services to be provided by
the City was $46,867 (as shown on Page 22), netting a profit to the City of
$58,349. He said the major projected cost in this Fiscal Impact study was
the addition of five Deputy Sheriff positions in order to maintain the same
ratio of officers to residents. He said in his opinion, these additional five
positions would be a benefit to the entire City. He noted that Suncrest had
a private patrol service on a daily basis. In addition, they had a very active
community security committee composed of law enforcement and security
people. The addition of five officers to the City Police force will allow for
greater law enforcement and police presence throughout the City in general
and should not be looked upon by the Council as a negative cost factor. He
said he did not think these five officers were needed just for these two law-
abiding senior citizen communities. He added that a vast majority of the
residents in these communities supported annexation, and he urged the
Council to vote in favor.
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With no further testimony offered, Mayor Kelly declared the public hearing closed.
Councilman Spiegel asked for staff's recommendation.
Mr. Ortega noted that the Fiscal Impact Analysis included a comment about
the value of the entire area. This value came from the Tax Assessor and
was not necessarily reflective of the current value, particularly if the property
has not changed hands in some time. The property value and assessed
value (which determines what the City collects as far as taxes) are two
different things. Given that, the consultant made an assumption based on
previous history, that the City would only receive 7% of the property tax
collected; however, the Council has now rescinded that resolution. He said
Council could go ahead with the prezoning and other actions, with the
condition that the City would only agree to the annexation if it could receive
a higher percentage of the property tax revenues.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1019
to second reading, pre -zoning Palm Desert Greens, subject to successful negotiation with
Riverside County for property tax revenues at a rate higher than 7%. Motion was
seconded by Crites and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING.
With Council concurrence, Mayor Kelly called a recess at 4:31 p.m. and reconvened
the meeting at 4:37 p.m.
B. CONSIDERATION OF THE FORMATION OF THE "SUNDANCE"
LANDSCAPE AND LIGHTING DISTRICT.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or
in OPPOSITION to this district.
MR. MARIO GONZALES, 28-561 Avenida Diosa, Cathedral City, spoke as
the developer of the Sundance project off of Shepherd and the two cul-de-
sacs known as Kokopelli Circle and Chinook Circle. He said he had received
approval on this project over a year ago, and they were conditioned to enter
into the landscape and lighting district, which was done. He said they had
sold and closed 29 of the 32 homes, and they had disclosed to the buyers
as part of the purchase that they would be entering into a landscape and
lighting district. He added that he did not know what to do at this point. He
felt this could be a legal issue if something is not worked out because this is
what was represented to the homeowners based on the conditions of
approval. He noted that he had another cul-de-sac immediately to the east
of the Chinook Circle project called "Chinook Circle East" which was
approved by the City in June with the same conditions, and that is what had
been disclosed to those buyers as well. He said all of the landscape and
lighting in the tracts were in compliance with the new regulations of the City
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with regard to the drought tolerant type of design. He asked the Council for
direction.
Councilman Ferguson asked who had advised the developer that he did not
need approval from the City Council before promising to the homeowners
that they would have a landscape and lighting assessment district.
Mr. Gonzales responded that his conditions of approval included a landscape
and lighting district. He said they indicated that upon completion and for a
certain amount of money, the developer would contact the landscape
department of the City for a range price in respect to how much that
assessment would be on a yearly basis that would be included on the
homeowners' taxes. He said it was his clear understanding that the City had
required a landscape and lighting district.
Mr. Erwin suggested that the City Council continue the public hearing for two
weeks, with the City Clerk to count the ballots and report the results at that
meeting. He said there would also be a report at that meeting that would
suggest some alternatives that might be available. He added that he
believed this developer had complied with the City's conditions by going to
this extent.
Councilman Crites said that, unless there was something remarkably
different, he had no intention of voting in favor of this when the matter comes
back to the Council.
Councilman Spiegel said he hoped the developer understood the Council's
concerns and the reasons for same.
Mr. Gonzales responded that he had been an active developer in the City for
many years, and he also developed projects where homeowners
associations (HOAs) were created. He said he believed in HOAs and felt
they gave property owners a lot of control to maintain the streets, gates,
landscaping, etc. He said in this particular area, he felt it was difficult to
justify putting together an HOA for the properties because they were
basically only a couple of cul-de-sacs and some frontages along Shepherd.
He expressed concern with the type of fees that would have to be passed on
to the buyers while being sensitive to the buyers and trying to create nice
neighborhoods for families. He said he believed in this situation that they
were conditioned and came in and complied with those conditions all the way
through the process. It is now a year down the road after approval, the
landscape and lighting district had been disclosed legally, and now there was
an issue.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
Councilman Crites stated that the developer had indicated he had been in
the City of Palm Desert for several years, and perhaps some of the projects
he had developed were the very same ones the Council had concerns with
as far as the landscape and lighting districts, where years down the road the
costs have climbed and the homeowners have rebelled and refused to pay
more for the maintenance. The City is then left with the choice to subsidize
the districts or let landscape die. The City and the homeowners were all in
a bad place, but the one person not in a bad place was the developer, who
had done everything legally and properly, etc. The City was left holding the
bag several years later on a lot of these projects. He said it didn't work, it
was not working, and he did not have any reason to believe the system the
developer wished to have would work this time either four years down the
road. He said he did not want to do this again.
Mayor Kelly said he felt the developers needed to work with the City to come
up with a system that is workable.
Mr. Gonzales responded that the formation of this landscape and lighting
district was pretty consistent in all cities. If the developer was conditioned or
had been told to handle this or treat it differently, he said he was sure they
would have made those arrangements; however, the developer/project was
conditioned by the City to engage in a landscape and lighting district with the
City.
Councilman Ferguson said the financial instability of these assessment
districts was catching up with the City. At some point, the City has to say
"enough." The developer was telling the Council that the numbers work at
this point, and the Council was simply inviting the homeowners to take that
risk instead of the City. The developer was not wanting to do this because
it would cost the homeowners more money, and he said this was evidence
in and of itself that the City was absorbing that overhead cost and that extra
expense. The Council made a policy decision that it was not going to do this
any more and declared a moratorium and a continuance to study these
things. He suggested that the developer go back to the homeowners and tell
them they will not have to pay an assessment if this ultimately does not go
through and that they are free to pool their money on an annual basis to
make these improvements themselves or contract with someone else. He
said the City has an ordinance requiring the developer to file an application
with the Architectural Review Commission, but it does not guaranty that the
developer will receive approval. He said the condition of approval was that
the developer process a landscape assessment district plan, but that did not
mean the developer had approval for that plan. He said if the developer
warranted that that would be the case with the homeowners, he suspected
there might be some legal problems, but they were not the City's problems.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
Mr. Gonzales stated that he had said if they were to form an HOA, the HOA
fee could result in a higher fee than what the proposed assessment district
costs would be. He reiterated that he had only done what he was
conditioned to do. He said he was willing to sit down with the appropriate
bodies to discuss this and see if some agreement can be reached.
Councilman Crites moved to continue the public hearing to the meeting of
October 24, 2002, with the City Clerk authorized to count the ballots in the interim period.
Motion was seconded by Ferguson and carried by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
Upon motion by Crites, second by Spiegel, the following item was added to the
Agenda by a 5-0 vote.
1. Request for Approval of Fireworks Display for the
Veterans' Day Concert.
Mayor Kelly said the Air Force Band from Washington, D.C.,
had volunteered to play an evening concert in the Civic Center
Park on Veterans' Day. Time was short to order the fireworks
for the event, and the cost would be $6,000.
Councilman Spiegel moved to, by Minute Motion, approved contract in the amount
of $6,000 for a fireworks display for the Veterans' Day concert by the Air Force Band.
Motion was seconded by Benson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
2. Councilman Ferguson reported that he had received a call
from one of the Trustees of the Palm Desert Presbyterian
Church, the Trustee also being a member of the Rancho
Mirage City Council. The Church had received architectural
approval for its expansion project and was ready to undertake
construction beginning in December, providing that Planning
Commission approval was also received. He stated that the
Church had been using for its overflow parking the City's
temporary parking facility for Homme/Adams Park; due to the
delayed construction schedule, the Church was asking for the
City's permission on Sunday mornings to park some cars on
the Homme/Adams Park parcel for the months of January,
February, and March 2003. He recalled that the palm Togs had
been taken out, which he was thankful for, but the soil
stabilizer for the parking area was still in place. While he didn't
know what the plans were to begin construction at the park, he
was forwarding the Church's request.
Councilman Spiegel commented that he would be in favor of
the request. He understood that the Church would closely
supervise the parking, it was only on Sunday mornings, and it
would be needed as the Church would lose about 100 spaces
during the construction.
Mayor Pro-Tempore Benson said she received a call about the
request too, and she was shocked that there wouldn't be any
parking at the Homme/Adams Park. She was told that staff
had advised that the City had given up the parking, yet she
didn't recall taking such an action. She felt the hikers that the
area was planned for would need a place to park other than
along the road, which would upset area residents. Therefore,
she wanted to find a way to retain the parking lot.
Councilman Crites believed there was an action taken at a
meeting where he was absent; the Council voted to eliminate
the parking lot because of the concerns of one area resident
who didn't like the parking lot there.
Councilman Spiegel recalled that instead of one large parking
lot that there would be three smaller parking areas to
accommodate five cars each.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
Councilman Crites suggested staff investigate how to keep
what's been used as the parking lot for park users and for
potential overflow church parking in the future.
Mr. Kohn commented that the parking area was one of the first
projects that he had been assigned by Dick Folkers. He
prepared the RFP, then Jeff W inklepleck took over the project.
He went on to say that the plan that was put to bid was for
removal of the logs and parking structure, use of soil stabilizer
on the road, and re -grading of the road. He didn't recall
exactly what Council had approved; he didn't know if there
were still plans to remove the soil stabilizer from the parking
area, but some additional parallel parking was to be added
along the roadway.
With City Council concurrence: 1) Palm Desert Presbyterian Church's request for
use of the area to park cars on Sunday mornings during the months of January, February,
and March 2003 was approved as proposed; 2) staff was asked to investigate the history
of the parking issue at Homme/Adams Park.
3. Councilman Spiegel said he had spoken with Mr. Kohn this
afternoon about researching the financial impact on the City if
the Council decided to fund after school programs at both
Lincoln Elementary and Palm Desert Middle Schools. He
asked that the matter be placed on a future City Council
Agenda, with the YMCA and Park & Recreation District
proposed to administer the programs.
Councilman Ferguson noted that Proposition 49 already had
about a 27% lead in the polls, favoring passage. He didn't
think it would be a question of if or when it would pass.
However, there was a triggering provision that required general
fund revenues exceed $1.5 billion before the program was
funded, but when it was funded, it would give the Elementary
school $100,000 and the Middle School $175,000. He asked
that before the City decided to fund the program, staff
investigate an agreement between the City and Desert Sands
that would provide reimbursement to the City when funding
was received or at least agree that the money would be used
to fund the program in the future so that the City wasn't
obligated in perpetuity.
The City Council concurred that such a report and recommendation should be on
a future Agenda.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
o City Council Committee Reports:
1. Councilman Spiegel reported that he believed the League of
California Cities' Annual Conference last week was very
successful, especially due to the addition of the four
Palm Desert High School students who participated with City
representatives. He commented that two of the students were
the academic leaders of the school, and the other two were
President and Vice President of the Senior Class; an Assistant
Principal served as chaperone. As a follow-up to the
Conference, a luncheon was being scheduled for the
City Council and School representatives.
Councilman Ferguson agreed that the League Conference was
probably the best he had participated in, particularly because
of the focus on youth. He especially enjoyed
Arnold Schwarzenegger's speech on Proposition 49 for After
School Programs.
Secondly, from the League Conference, Councilman Spiegel
felt the sessions on ethics were very good. He noted that
many other cities, e.g., San Diego, Fremont, Santa Monica,
Claremont, Colton, Oakland, and Riverside, had adopted an
Ethics Code, and he asked that the City Attorney review
information on ethics codes to see if it would be appropriate
for Palm Desert.
2. Councilman Crites reported that he had represented the City
at the County Transfer Station Location Committee for the last
six months; the Committee had finished its business, with the
following recommendations passed:
a) Two sites were considered, one at the existing Edom Hill
Landfill (the "up the hill" site) proposed by the County, with
a second site proposed near the intersection of
Varner Road and 1-10 (the "City" site) proposed by the City
of Cathedral City. Waste Management was the selected
vendor on both sites, and following collaboration by the City
and County, a combined recommendation was made that
the "up the hill" site be used for the new transfer station in
2004 when the Landfill reaches capacity. The
aforementioned resulted in a $1 .00/ton payment to the City
of Cathedral City for road and other off -site improvements
as they determined necessary.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
b) The "County" site was approved for recommendation to the
Board of Supervisors, with seven "yes" and one "no,"
Councilman Crites casting the "no" vote on behalf of the
City. He believed that site was five or six miles farther
away than the "City" site that was adjacent to the freeway,
meaning the waste would have to be hauled up the hill to
the site, transferred, then whatever eventually goes to the
landfill hauled right back down the same road and back to
the freeway. He said at that meeting, at least, the site was
incredibly tight for a transfer station as well as for a
potential alternative waste -to -energy facility; however, since
that vote, the County had found a way to make the site
larger. Therefore, his vote against the site was because he
didn't feel it was the best of the two, and because he felt
the $1.00/ton to Cathedral City was probably significantly
in excess of their actual costs.
He appreciated City staff's assistance in reviewing the matter,
and he left the Committee saying that the City of Palm Desert
might participate in this transfer station, it might use the
transfer station in Coachella, it might build its own transfer
station, or something else entirely; the City would investigate
what it felt best for its residents. He noted that the rate for the
"County" site was very good; Waste Management was
proposing $34.10/ton, which is $4.00 - $5.00 than the
Coachella Transfer Station.
Responding to question, Councilman Crites said the proposal
goes before the Riverside County Board of Supervisors, and
it didn't commit anyone to anything. He said now the transfer
site operator, Waste Management, would have to approach
each City for a commitment of their waste stream. He
expected the Board of Supervisors would approve the proposal
at their next meeting, and Waste Management would be asked
to begin construction so that a facility is in place when Edom
Hill closes in the Spring of 2004.
o City Council Comments:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
XIX. ADJOURNMENT
Councilman Spiegel moved to adjourn the meeting at 5:17 p.m. Motion was
seconded by Ferguson and carried by a 5-0 vote.
ATTEST:
RACHELLE D. KLASSEN, CITY CLERIC
CITY OF PALM DESERT, CALIFORNIA
1
RICHARD S. KELLY, MAYOR
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 10, 2002
EXHIBIT "A"
ltiBH u. u of Prursito
Rtva asmt; OFFICE:
4080 Lemon Street, 14th Floor
Riverside, CA 92502-1647
(909) 9554040
Fax (909) 955-2194
SUPERVISOR ROY WILSON
FOURTH DisTiucr
Richard Unitan
Suncrest Country Club
Annexation Committee
73-450 County Club Drive, Unit 169
Palm Desert, California 92260
Dear Mr. Unitan,
Disrmcr Omca/MA1uNc ADDRESS:
46-200 Oasis Street, Ste. 318
Indio, CA 92201-5933
(760) 863-8211
Fax (760) 8634905
October 8, 2002
Thank you for inquiring about my position on the application of Suncrest Country Club
and Palm Desert Greens for annexation to Palm Desert.
My position is that, while it is up to the residents in the area to decide whether they want
city services or not, from a practical point of view it makes sense for an island
surrounded on all sides by a city to annex into that city. Moreover, in this particular case,
the City of Palm Desert can provide paramedic response and transport services, which the
county is prohibited by law from providing. Residents do pay a small amount on their
tax bill ($36, 1 believe), but the service, it seems to me, is well worth it.
In short, I don't want to tell the residents what to do, but if I lived in Suncrest Country
Club or Palm Desert Greens, I would be very much inclined to vote in favor of
annexation.
Sincerely,
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