HomeMy WebLinkAbout2002-07-11MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 11, 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
Councilman Robert A. Spiegel
Mayor Richard S. Kelly
Excused Absence:
Councilman Jim Ferguson
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Richard J. Folkers, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Homer Croy, Director of Building & Safety
Rachelle D. Klassen, City Clerk
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Martin Pinon, Director of Human Resources
Teresa L. La Rocca, Director of Housing
Joseph S. Gaugush, Director of Public Works/City Engineer
David Yrigoyen, Director of Redevelopment
III. ORAL COMMUNICATIONS - A
None
IV. ADJOURN TO CLOSED SESSION
Upon motion by Benson, second by Spiegel, and unanimous vote of the City
Council, Mayor Kelly adjourned the meeting to Closed Session at 3:03 p.m.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - 0.68± Acres located on Painter's Path behind
Desert Crossing Center (APN 640-091-010)
Negotiating Parties:
Agency: Carlos L. Ortega/Phil /Drell/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Hobby Town USA, Palm Desert
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Max Equipment Rental v. City of Palm Desert, et al., Riverside County
Superior Court Case No. INC 029329
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Public Employment pursuant to Government Code Section 54957:
Title of Position: City Attorney
V. RECONVENE REGULAR MEETING - 4:00 P.M.
Mayor Kelly reconvened the meeting at 4:00 p.m.
A. REPORT ON ACTION FROM CLOSED SESSION.
No report
VI. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson
VII. INVOCATION - Mayor Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
With City Council concurrence, Mayor Kelly suspended the Agenda at this point in
order to consider Item XVII - Public Hearing A. Please see that portion of the
Minutes for discussion and action.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of June 27, 2002.
Rec: Approve as presented.
This item was approved with Councilman Crites ABSTAINING due to his
absence from the meeting of June 27, 2002.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 104, 105, and 104PD Office Complex.
Rec: Approve as presented.
C. CITY/AGENCY PORTFOLIO MASTER SUMMARY for the Month Ending
May 31, 2002 (Joint Consideration with the Palm Desert
Redevelopment Agency).
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Jowyn Garcia Villanueva for Alkobar Quick Stop & Deli, 42-005 Cook Street,
#110, Palm Desert.
Rec: Receive and file.
E. MINUTES of City Committee and Commission Meetings.
1. Entrada Del Paseo Steering Committee Meetings of May 30, and
June 6, 2002.
2. Investment & Finance Committee Meeting of May 22, 2002.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
F. REQUEST FOR APPROVAL. of Contract for Citywide Office Supplies
(Contract No. C20230).
Rec: By Minute Motion, approve the proposal for Citywide office supplies
from Corporate Express, Inc., Yucca Valley, California.
G. REQUEST FOR APPROVAL of Agreement for the Installation and Storage
of Holiday Decorations (Contract No. C19351).
Rec: By Minute Motion, authorize the Mayor to execute the annual holiday
decoration installation and storage agreement in the amount of
$8,497.85 with The Jarvis Company, Brentwood, California.
H. REQUEST FOR APPROVAL, of Amendment to the Palm Springs Desert
Resorts Convention and Visitors Authority Joint Powers Agreement (Contract
No. C03400).
Rec: By Minute Motion, approve the amendment, as presented in the
accompanying staff report.
I. REQUEST FOR EXTENSION, of Contract for City Fleet Maintenance
Services (Contract No. C12885).
Rec: By Minute Motion, approve extension of the subject contract with
M & N Mobil Service Center, Palm Desert, California, for a
one-year period and authorize the Mayor to execute same —funds are
available in Account No. 110-4331-413-3340.
J. REQUEST FOR APPROVAL of Change Order No. 2 to Contract
No. C19260 — Construction of Sidewalk and Wall on El Paseo at Sandpiper
(Project No. 698-99).
Rec: By Minute Motion, approve Change Order No. 2 in the amount of
$7,524 to the subject contract with Contreras Construction Company,
Indio, California, and authorize the Mayor to execute same — funds
are available in Account No. 400-4616-433-4001.
K. REQUEST FOR RATIFICATION, of Change Order No. 2 to Contract
No. C19830 — Tenant Improvements at Palm Desert Police Department
Substation Located at 42-305 Washington Street.
Rec: By Minute Motion, ratify Change Order No. 2 in the amount of $830
to the subject contract with Wise Maintenance and Construction,
La Quinta, California, and authorize the Mayor to execute same.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
L. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of
— Work for Contract No. C19810 — Construction of Sidewalk Improvements at
Portola Avenue and the Haystack Channel (Project No. 699-01)
(Contreras Construction Company, Indio, CA).
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of
$8,117 to the subject contract with Contreras Construction Company;
2) authorize the transfer of said funds from contingency to base for
the project; 3) accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
M. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of
Work for Contract No. C19230D — Installation of Decomposed Granite at
Desert Willow Golf Resort (Project No. 850-01) (Marina Landscape,
Anaheim, CA).
Rec: By Minute Motion: 1) Approve Change order No. 1 in the amount of
$21,196.45 to the subject contract with Marina Landscape;
2) authorize the transfer of said funds from contingency to base for
the project; 3) accept the work as complete and authorize the City
Clerk to file a Notice of Completion for the subject project.
— N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19590 —
Civic Center Photovoltaic System (D & G Electric Company, Banning, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19630 —
Drainage Improvements with the Sagewood Subdivision (Project No. 504-01)
(Cora Constructors, Palm Desert, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19830 —
Tenant Improvements at Palm Desert Police Department Substation Located
at 42-305 Washington Street (Wise Maintenance and Construction,
La Quinta, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
Q. REQUEST FOR AUTHORIZATION to Release Improvement Security for
Tract No. 25296-7 (Bighorn Development, LLC, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject
improvement securities.
R. REQUEST FOR AUTHORIZATION to Provide Workers' Compensation
Insurance Coverage for Members of the Palm Desert Citizens On
Patrol Program.
Rec: Waive further reading and adopt Resolution No. 02-76, providing
Workers' Compensation Coverage for certain City volunteers
pursuant to the provisions of Section 3363.5 of the Labor Code.
S. REQUEST FOR DECLARATION of Surplus Equipment at Desert Willow
Golf Resort.
Rec: By Minute Motion, declare the subject equipment listed on the
accompanying staff report as surplus and authorize staff to provide for
its disposition.
T. CONSIDERATION of Request from the Desert Rose Society for
Sponsorship of the "Queen of Rose Award" at the Annual
Desert Rose Society Show.
Rec: By Minute Motion, authorize sponsorship of the subject award in the
amount of $500 at the Desert Rose Society's Annual Rose Show
scheduled to be held on November 2, 2002, in Palm Desert.
U. INFORMATIONAL ITEMS:
1. Retail Center Vacancies Report
2. Report on Phased Installation of Improvements at
Hovley Lane East/Kansas Street/Oasis Club Drive
3. Update Regarding Waste Transfer Station Proposals
4. Status Report on Promotion and Civic Arts Committees' Activities
Upon motion by Spiegel, second by Crites, the Consent Calendar was approved as
presented by a 4-0 vote, with Councilman Ferguson ABSENT and Councilman Crites
ABSTAINING on the Minutes of June 27, 2002.
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XI. CONSENT ITEMS HELD OVER
None
XII. RESOLUTIONS
A. RESOLUTION NO. 02-77 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS
TO ABANDON A PORTION OF THAT PUBLIC SERVICE EASEMENT
AFFECTING LOTS 1-5 AND 10-14, DESCRIBED AS A PUBLIC UTILITY
EASEMENT, AS SHOWN ON THE DESERT PARADISE TRACT
SUBDIVISION MAP UNDER PROVISIONS OF PART 3, DIVISION 9, OF
THE STREETS & HIGHWAYS CODE, AND FIXING A TIME AND PLACE
FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE
PROPOSED ABANDONMENT.
Mr. Ortega noted the staff report and recommendation in the packets.
Councilman Crites moved to waive further reading and adopt Resolution No. 02-77.
Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson
ABSENT.
B. RESOLUTION NO. 02-78 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING PASSAGE OF
MEASURE "A" ON THE NOVEMBER 2002 BALLOT.
Mr. Ortega noted the staff report and recommendation in the packets.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 02-78. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman
Ferguson ABSENT.
C. RESOLUTION NO. 02-79 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, STATING THE CITY'S
INTENT TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF
PALM DESERT.
Mr. Ortega reviewed the staff report.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 02-79. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman
Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1017 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.34,
2.20, 2.60, 2.64, 2.68, AND 2.72 OF THE PALM DESERT MUNICIPAL
CODE RELATIVE TO COMMITTEE/COMMISSION MEMBER
REQUIREMENTS.
Mr. Ortega reviewed the staff report.
Councilman Crites asked that the Ordinance be amended to include the
words "at least" preceding any reference to bimonthly meetings. He said
since a lot of the committee meetings had been changed to bimonthly, he
had found that there were members perceiving this to mean they could only
meet bimonthly. He said while this would not force any committee to meet
more often, it made it obvious that if there is a need for additional meetings,
that would be appropriate.
Councilman Crites moved to waive further reading and pass Ordinance No. 1017
to second reading, amended to include the words "at least" preceding any reference to
bimonthly meetings. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Councilman Ferguson ABSENT.
B. ORDINANCE NO.1018-AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM.
Mr. Ortega reviewed the staff report and recommendation.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 1018
to second reading. Motion was seconded by Benson and carried by a 4-0 vote, with
Councilman Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
For Adoption:
A. ORDINANCE NO. 1016 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE
NO. 917, AND AMENDING SECTION 2.28.010 OF TH E PALM DESERT
MUNICIPAL CODE, ESTABLISHING COMPENSATION FOR MEMBERS
OF THE CITY COUNCIL EFFECTIVE SEPTEMBER 1, 2002.
Mr. Ortega stated that no changes had been made to this ordinance since
its introduction, and he recommended adoption.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1016.
Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson
ABSENT.
XIV. NEW BUSINESS
A. REQUEST FOR AUTHORIZATION. FOR STAFF TO ENTER INTO
DISCUSSION WITH HABITAT FOR HUMANITY TO IDENTIFY A
CITY -OWNED, VACANT LOT FOR THE CONSTRUCTION OF A
SINGLE-FAMILY HOME.
Mr. Ortega reviewed the staff report and recommendation.
Councilman Spiegel stated that the Council had recently received a letter
from Director of Housing Teresa LaRocca stating there was a problem with
Habitat for Humanity because they could not agree with the City to make the
properties low income housing property after a certain period of time.
Ms. LaRocca agreed and said the mortgages that Habitat for Humanity gives
its homeowners are 20-year mortgages. Because of a new State law, the
requirement of affordability covenants (the term that we would restrict the
resale of the house and control that resale of the house) would now have to
be 45 years. They felt this was overburdening the home buyers. She said
if the decision was to have the City to contribute the site, they would no
longer fall under that State regulation. She added that it would not count
toward our low income housing production.
Mayor Kelly asked if the City could contact legislators and explain that they
are defeating their objective and see if we can get the legislature to adjust
the law. Ms. LaRocca agreed that this could certainly be looked into. She
added that this regulation just went into effect on January 1, 2002, and there
was still a lot of discussion going on about it.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
Councilman Crites said he felt the City should make sure it becomes part of
the dialogue at the State level.
Ms. LaRocca noted that the housing advocates did not come out against this
because they want to see affordability covenants for the longest possible
time and for some reason they felt this would make it better.
Mayor Pro-Tem Benson moved to, by Minute Motion, authorize staff to enter into
discussion with Habitat for Humanity to identify a vacant, City -owned residential lot for the
construction of a single-family home, with staff also directed to work with legislators to find
a way to reduce the length of the requirement for 45-year affordability covenants that have
been imposed by State regulation as of January 1, 2002. Motion was seconded by Spiegel
and carried by a 4-0 vote, with Councilman Ferguson ABSENT.
B. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES FY 2002/03 FOR
CONSOLIDATED MAINTENANCE AREA NO. 1 (CONTRACT NO. C17662,
PROJECT NO. 901-02).
Councilman Spiegel moved to, by Minute Motion, approve the subject extension of
contract in the amount of $102,894.58 with Garza Landscaping, Inc., Indio, California, and
authorize the Mayor to execute same— funds are available in Park Maintenance Account
No. 110-4611-453-3370. Motion was seconded by Crites and carried by a 4-0 vote, with
Councilman Ferguson ABSENT.
C. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES FY 2002/03 FOR
CONSOLIDATED MAINTENANCE AREA NO. 2 (CONTRACT NO. C17672,
PROJECT NO. 902-02).
Councilman Crites moved to, by Minute Motion, approve the subject extension of
contract in the amount of $106,422.67 with Shadow Palms Gardening Service, Indio,
California, and authorize the Mayor to execute same — funds are available in Park
Maintenance Account No. 110-4611-453-3370. Motion was seconded by Spiegel and
carried by a 4-0 vote, with Councilman Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
D. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES FY 2002/03 FOR
CONSOLIDATED MAINTENANCE AREA NO. 4 (CONTRACT NO. C17692,
PROJECT NO. 904-02).
Councilman Crites moved to, by Minute Motion, approve the subject extension of
contract in the amount of $115,033.20 with Valley Gardening Service, Palm Desert,
California, and authorize the mayor to execute same —funds are available in Parks Median
Account No. 110-4611-453-3370. Motion was seconded by Spiegel and carried by a 4-0
vote, with Councilman Ferguson ABSENT.
E. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES FY 2002/03 FOR
CONSOLIDATED MAINTENANCE AREA NO. 6 (CONTRACT NO. C16003,
PROJECT NO. 906-02).
Councilman Crites moved to, by Minute Motion, approve the subject extension of
contract in the amount of $85,759.87 with Garza Landscaping, Inc., Indio, California, and
authorize the Mayor to execute same — funds are available in the Desert Willow operating
budget. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman
Ferguson ABSENT.
F. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR
LANDSCAPE MAINTENANCE SERVICES ON A MONTH -TO -MONTH
BASIS FOR CONSOLIDATED MAINTENANCE AREA NO. 7 (CONTRACT
NO. C18871, PROJECT NO. 907-02).
Councilman Crites moved to, by Minute Motion, approve the subject extension of
contract in the amount of $7,081 per month with Garza Landscaping, Inc., Indio, California,
and authorize the Mayor to execute same —funds are available in the various Assessment
District accounts. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Councilman Ferguson ABSENT.
G. CONSIDERATION OF REQUEST FOR ENDORSEMENT OF
"THE AFTER SCHOOL EDUCATION AND SAFETY ACT."
Mayor Pro-Tem Benson moved to, by Minute Motion, approve the request and direct
staff to prepare a letter of support for the Mayor's signature. Motion was seconded by
Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT.
XV. CONTINUED BUSINESS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
XVI. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR THE 2002 STREET
RESURFACING/OVERLAY PROGRAM (CONTRACT NO. C20130,
PROJECT NO. 752-02).
Mr. Ortega reviewed the staff report and recommendation.
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract in
the amount of $2,440,044 to Granite Construction Company, Indio, California; 2) authorize
a 10% contingency for the project in the amount of $244,004.40; 3) authorize the Mayor
to execute the agreement. Motion was seconded by Crites and carried by a 4-0 vote, with
Councilman Ferguson ABSENT.
B. REPORT ON SUMMARY OF COSTS FOR ADDITIONAL COVERED
PARKING AREA LOCATED EAST OF THE CIVIC CENTER SKATE PARK.
Mr. Alvarez reviewed the staff report and estimated costs of four different
types of carport structures for the area north of the Civic Center and east of
the Skate Park with a total of 82 parking spaces.
Mayor Pro-Tem Benson stated she liked Proposal No. 4, custom masonry
with wood beams. Councilman Spiegel agreed.
Councilman Spiegel suggested that Proposal No. 4 be approved, custom
masonry with wood beams, with the possible modification of utilizing
masonry end panels. Mayor Pro-Tem Benson agreed.
Mayor Kelly expressed concern that this project be expedited, and he agreed
with Proposal No. 4.
Mayor Pro-Tem Benson moved to, by Minute Motion, approve Proposal No. 4,
custom masonry with wood beams, with the possible modification of utilizing masonry end
panels, and direct that staff expedite construction of such structure. Motion was seconded
by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
C. REQUEST FOR APPROVAL OF SOUTHERN CALIFORNIA EDISON (SCE)
AND VERIZON WORK ORDERS FOR THE HIGHWAY 74 UTILITY
UNDERGROUNDING PROJECT.
Councilman Spiegel moved to, by Minute Motion, approved: 1) SCE Work Order
No. REL 0260868 in the amount of $366,499.41 for the underground cable, equipment,
and related work for the subject project from El Paseo to Shadow Mountain Drive; 2) SCE
Work Order No. REL 0259710 in the amount of $469,496.14 for the underground cable,
equipment, and related work for the subject project from Willow Street to Bel Air Road;
3) SCE Work Order No. REL 6379-7138-07103 in the amount of $91,167 for the
underground cable, equipment, and related work for the subject project from Sommerset
Drive to Cahuilla Way; 4) Verizon Work Order No. 547-8P001JV in the amount of
$31,244.61 for the underground phone cable, equipment, and related work for the subject
project; 5) authorize the expenditure of $958,407.16 for the total of the aforementioned
work orders — no appropriation is required; funds are budgeted for this project in Account
No. 400-4262-422-4001; 6) after review and approval by the City Attorney, authorize the
Mayor to execute the required Rule 20B agreements with SCE. Motion was seconded by
Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT.
XVII. PUBLIC HEARINGS
NOTE: Public Hearing Item A was considered out of order, the first item of
— business at the convening of the Regular Meeting at 4:00 p.m.
A. CONSIDERATION OF THE CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT FY 2002/03.
Senior Management Analyst Martin Alvarez reviewed the staff report. He
recommended that the Council open the public hearing, take public
comments, and then come back to this item once the ballots have been
counted. He offered to answer any questions.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or
in OPPOSITION to this request.
MR. WARREN JACOBSON, 75-748 Easy Street, Palm Desert, stated that
an April 9th letter from the City to residents indicated that if a majority of the
returned votes indicated approval of the new levy, the level of landscape and
service would increase, including plant replacement and other improvement
as provided by the budget. The letter further stated that the landscape
service would decrease if it did not pass. He reviewed other points of the
letter and the map that was included. He said he felt there was confusion
with regard to the letters sent out and what was actually going to be done,
landscaping versus lighting. He said representatives of the City had
indicated they would send clarification letters to the 41 residents, but this had
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REGULAR PALM DESERT CITY COUNCIL MEETING JULY 11, 2002
not been done, and all but three residents believed that it would include all
landscaping and lighting. He added that there was also a question as far as
who owns the property, Lot G, and it was his understanding that it belongs
to the City. He said he felt the way the ballots were sent out was not fair,
and the information given to the residents in the area was not clear.
MRS. LOUISE KERMODE, 38-731 Desert Mirage Drive, Palm Desert, said
she had measured the amount of property that goes onto Cook Street, and
that plus a tiny island with two trees came to one -tenth of a mile. She said
there were 30 lots on the street and four lamp posts, and the cost to the
street was over $16,000, an increase of $45 per month per lot. She said she
felt this was an excessive amount for one -tenth of a mile.
MS. RAMONA FLETCHER spoke against the lighting and beautification
maintenance increase for District 11. She said she and her husband were
resident owners there and were unhappy with the way the money they had
been allocating the last seven years had been used. In addition, they had
attended the meetings and relayed that they would like to have the grass
removed and watering eliminated, which would cut down on the cost. She
said some residents were for the trees, some against, some were neutral;
however, all the trees were cut down. There was still grass, and it was still
being watered. She added that she did not feel they had received the
maintenance, the service, or the response for the money they had already
expended and did not care to raise it.
MR. GEORGE KERMODE, 38-731 Desert Mirage Drive, spoke in opposition
and said he felt the costs should have been included in the total cost of the
property rather than being assessed to the residents.
MR. WILLIAM BESSE, 40-685 Cabana Court, Sonata II, said it was his
understanding that the City would continue to maintain the landscaping up
to the level of the present assessment now being paid by the homeowners,
and he asked for clarification.
Mr. Alvarez responded that if the residents vote against the increase, the
original assessment stays.
Mayor Kelly added that the City would not then be able to maintain the
landscaping at the same level because it costs more, and it would have to
do as much as possible at that level of cost.
Councilman Crites noted that removing grass and replacing with other
materials was not an inexpensive process. In addition, the irrigation system
would have to be changed over, and there are costs involved with that as
well.
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MR. JAMES BROWN, Hovley Lane West, said he felt a sudden 133%
increase in his current tax bill was pretty hefty; however, he commended
Councilman Spiegel for his comments that appeared in the Desert Sun on
May 19, indicating that if the districts do not pass, the City will pretty much
put in everything drought resistant.
Councilman Spiegel commented that the reason the City had assessment
districts was because the developer that produced the original project asked
the City to put an assessment district into place. He said homeowners'
associations (HOAs) would be much preferred, and then residents could be
responsible for their areas. Whereas, the City has to go out to bid, a great
deal of paperwork was involved, and it cost the City more than it would cost
an HOA; however, 100% participation was required for an HOA.
MR. STAN SOFFHILL (sp?), resident of Cabana Court in Sonata II, said the
assessment district properties belonged to the City. He asked why the
residents were not notified if the City ran out of money three years ago to
take care of the landscaping and lighting districts.
MS. KAREN MORELAND, resident of Carlotta Drive, said she was also
confused by the first and only letter she received from the City about this
issue. She said it was her understanding that this assessment included
landscaping and the maintenance of landscaping. Had she known it did not
include maintenance of the landscaping, she may have voted differently.
She said she felt before any votes are counted, everything should be
completely clarified as to what is and what is not covered under this
additional assessment.
MR. ETIENNE EGRAM (sp?), resident of Centennial Circle, said over the
past ten years the area has deteriorated significantly; not one tree or shrub
has been replaced in that time. He felt the City had not maintained the area
very well at all. He also felt the proposed increase was outrageous and
unbelievable. He noted that he had spoken with some business owners on
Highway 111 in Palm Desert, and one had told him that they received
approximately $60,000 from the City for an upgrade of their property on
Highway 111. If the City is so generous as to give business owners
thousands and thousands of dollars to upgrade the business facades, he felt
it was outrageous to require homeowners to finance the expenses for the
landscaping and lighting.
MR. ROBERT CITROEN (sp?), Avenida Rosario, said he had found out in
a meeting with City representatives that the contract with the landscaper
governs all groups that border on Hovley Lane. He said this was manifestly
unjust because his area, Paloma I, Paloma II, Paloma III, and Sandpiper
don't require the kind of landscaping or the labor intensive work and
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plantings that are required by the opposite side of the street. He noted that
on some of the side streets adjacent to Hovley Lane, like Rosario, Sonata,
there was a cul de sac with a lot the furthest away from Hovley, and it was
being planted by the residents rather than the landscaper. He said the
residents' objection had obviously filtered down to the landscaper. The grass
started turning yellow, and the homeowners found that the watering device
had been turned off, which they felt could only have been done by the
landscaper.
MR. RON MATUSEK (sp?), of Waring Court, said if the increase passed, he
would be paying $726.00 per year, which he felt was a lot of money that
would not benefit him as a homeowner. He was also concerned about future
increases and the effect the assessment amount for landscaping on the
outside of the development might have on the possible sale of his property
in the future. Even if it passed, he felt it was the responsibility of the City to
look at that property and decrease some of the excessive landscaping. He
believed since it was the City that approved the landscape, it should be the
City's responsibility to maintain it and not the homeowners.
Councilman Crites explained that drought resistant landscaping was not
desirable 10 years ago. However, he said perceptions have changed in that
same time period, and he reiterated that changing the systems over was not
without cost.
MR. MATUSEK stated that the homeowners in his development were not
made aware that an assessment was placed on their property.
MR. CITROEN added that his group and those surrounding objected to the
allocation of benefits. He had written a letter to the City on May 30, received
a response on June 3, stating that his letter had been submitted to
MuniFinancial. He had not yet heard back from MuniFinancial.
MR. JACOBSON stated he understood the ownership concept, noting that
he did not own the property outside his wall, and he could show
documentation of where the lot on Hovley was given to and accepted by the
City. He didn't mind paying the lighting tax, and he now understood the
increase was due to rising costs; he felt it was the City's responsibility to care
for its property. Further, he noted that he lived in Sandcastle, but every
communication he received referred to Primrose Assessment District, and
he hadn't been able to get a satisfactory answer for why the discrepancy.
Councilman Crites acknowledged that Mr. Jacobson was correct that the City
owned the property outside his wall. However, part of the original
development agreement was the conveyance of property to the City with the
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understanding that an assessment district was formed for the maintenance
— of that property along the street.
MR. BESSE asked why his development, Sonata II, had to pay for the two
street lights on Hovley Lane that were not within the development and did not
benefit the homeowners therein. If the homeowners didn't have to pay for
them, the cost should be taken off the assessment.
With no further testimony offered, Mayor Kelly declared the public hearing closed
and directed that the ballots be counted, with results to be declared at a later point in the
meeting.
Following completion of the remainder of the City Council meeting, and the
tallying of ballots, Mayor Kelly asked the City Clerk to announce the results
of the ballot count.
Mrs. Klassen announced the vote as follows:
Zone #3, Vineyards — yes
Sub -Zone #5, Desert Mirage — no
Sub -Zone #5, Sandcastle — no
Sub -Zone #5, Primrose II — yes
Sub -Zone #6, Monterey Meadows — yes
Sub -Zone #6, The Glen — no
Sub -Zone #6, Hovley Estates — no
Sub -Zone #6, Sonata I — no
Sub -Zone #6, Sonata II — no
Sub -Zone #6, Hovley Collection — no
Sub -Zone #6, La Paloma I — no
Sub -Zone #6, La Paloma II — no
Sub -Zone #6, La Paloma III — no
Sub -Zone #6, Sandpiper Court — no
Sub -Zone #6, Sandpiper West — no
Sub -Zone #6, Hovley Court West — no
Zone #7, Waring Court — no
Zone #8, Palm Gate — no
Zone #9, The Grove — yes
Zone #11, Portola Place — no
Zone #14, Kaufman & Broad at Palm Desert — no
Mayor Kelly noted that, regardless of how the vote came out, the City is not
going to abandon those assessment districts. He said the City has a
Landscape Committee, and it will take each of those districts, one at a time,
and try to do what is best for each particular neighborhood.
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Councilman Spiegel moved to waive further reading and adopt: 1) Resolution
No.02-80, declaring the results of the property owner protest proceedings for the subject
District; 2) Resolution No. 02-81, approving and/or amending the Final Engineer's Report
for the subject District (per the districts that voted in favor); 3) Resolution No. 02-82,
approving the levy and collection of annual assessments within the subject District (per the
districts that voted in favor). Motion was seconded by Crites and carried by a 4-0 vote, with
Councilman Ferguson ABSENT.
B. CONSIDERATION OF AN APPEAL TO A PLANNING COMMISSION
DECISION, DENYING A CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF A 57-FOOT HIGH WIRELESS TELECOMMUNICATION
TOWER ON PROPERTY AT 42-275 WASHINGTON STREET
Case No. CUP 02-02 (Verizon Wireless, c/o 02 Wireless, Applicant).
Planning Technician Tony Bagato reviewed the staff report and
recommendation.
Upon question by Mayor Pro-Tem Benson, Mr. Bagato responded that it was
his understanding that the tower behind Rite -Aid was 65 feet in height.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or
in OPPOSITION to this request.
MS. MINAKSHI V. HEMLANI, 02 Wireless Solutions, representing Verizon
Wireless, reviewed the map showing cell phone coverage areas.
MR. BILL DUES, said he felt a 57-foot cell phone tower on Washington
Street, a main artery, would not be a problem.
With no further testimony offered, Mayor Kelly declared the public hearing closed.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 02-83, granting the appeal and approving Case No. CUP 02-02, subject to the
attached conditions. Motion was seconded by Kelly and carried by a 4-0 vote, with
Councilman Ferguson ABSENT.
C. CONSIDERATION OF THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT
AGENCY AND DERVIEUX, INC. (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Mr. Ortega noted the staff report and recommendation in the packets.
Upon question by Councilman/Member Spiegel, Ms. Lauri Aylaian responded
that the Committee unanimously endorsed the project.
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Mayor/Chairman Kelly declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this request. With no testimony offered, he
declared the public hearing closed.
Mayor Pro-TemNice Chairman Benson moved to waive further reading and adopt:
1) City Council Resolution No. 02-84, approving the sale by the Palm Desert
Redevelopment Agency to Dervieux, Inc., of approximately 0.39 acres of real property on
a parcel located between Painter's Path, Highway 111, the Palm Valley Storm Channel,
and West El Paseo; 2) Redevelopment Agency Resolution No. 450, approving the sale to
Dervieux, Inc., of approximately 0.39 acres of real property on a parcel located between
Painter's Path, Highway 111, the Palm Valley Storm Channel, and West El Paseo. Motion
was seconded by Spiegel and carried by a 4-0 vote, with Councilman/Member Ferguson
ABSENT.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
1. Reminder to Adjourn today's Redevelopment Agency Meeting to
3:30 p.m. on Tuesday, July 16, 2002, for the purpose of conducting
a Joint Public Hearing of the Agency and the Palm Desert
Financing Authority.
Mrs. Klassen reminded the City Council to adjourn the
Redevelopment Agency meeting to 3:30 p.m. on Tuesday, July 16,
2002, for the purpose of conducting a joint public hearing.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
None
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o City Council Committee Reports:
1. Parks & Recreation Commission
(Councilman Robert A. Spiegel).
Councilman Spiegel reported on the 2002 Palm Desert
Senior Games, sponsored by the City and held in February,
with the highest turnout for the event in Southern California's
history. He said they were very successful and would again be
held in Palm Desert in 2003, February 20-23, including games
of tennis, golf, swimming, walking/running, and age groups
beginning at 55. He added that Palm Desert was a candidate
for hosting the California State Senior Games next year as
well. He noted that at the opening of this year's event,
Mrs. Don Drysdale participated in a dinner, where Mayor Kelly
spoke, and he presented Mayor Kelly with a gold medal for his
contribution to the event. Additionally, he commented that
either Johnny Bench or George Brett would be honored at the
beginning of the 2003 Senior Games.
o City Council Comments:
1. Mayor Pro-Tempore Benson commended the Palm Desert
Chamber of Commerce for a great event, the "Putt Putt on
El Paseo" held last evening.
XIX. ADJOURNMENT
With Council concurrence, Mayor Kelly recessed the meeting at 5:22 p.m. to
complete the ballot count for the Consolidated Landscaping & Lighting District for
FY 2002/03. He reconvened the meeting at 5:50 p.m., and following the completion
of that Public Hearing item, adjourned the meeting at 5:55 p.m
ATTEST:
RACHELLE D. KLASSEN, CITY CL RK
CITY OF PALM DESERT, CALIFORNIA
RICF,4RD S. KEI21%7
Y MAYO
20