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HomeMy WebLinkAbout2002-07-31MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY WEDNESDAY, JULY 31, 2002 9:00 A.M. CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Pro-TemporeNice Chair Benson convened the meeting at 9:00 a.m. II. PLEDGE OF ALLEGIANCE - Councilman/Member Robert A. Spiegel III. INVOCATION - Mayor Pro-TemporeNice Chair Benson IV. ROLL CALL Present: Excused Absence: Councilman/Member Buford A. Crites Mayor/Chairman Richard S. Kelly Councilman/Member Jim Ferguson Councilman/Member Robert A. Spiegel Mayor Pro-TemporeNice Chair Jean M. Benson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, Acting ACM for Development Services Justin McCarthy, ACM for Redevelopment Amir Hamidzadeh, Acting Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Martin Pinon, Director of Human Resources Joseph S. Gaugush, Director of Public Works/City Engineer V. ORAL COMMUNICATIONS None MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY VI. ORDINANCES For Adoption: JULY 31, 2002 A. 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. Mrs. Gilligan stated that this was the second reading of the ordinance; no changes had been made since its introduction. Responding to question, she answered that in the vote of the employees, the matter was supported overwhelmingly, with over 130 "Yes" votes. There were 15 "No" votes. Mr. Pinon added that only 79 "Yes" votes were required for passage. Councilman/Member Spiegel moved to waive further reading and adopt Ordinance No. 1018. Motion was seconded by Councilman/Member Ferguson and carried by 4-0 vote, with Mayor/Chairman Kelly ABSENT. VII. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS, FISCAL YEAR 2002/03, FOR THE PRESIDENT'S PLAZA PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT. Senior Management Analyst Martin Alvarez explained the request was for approval of the President's Plaza Property and Business Improvement Assessment District budget for FY 2002/03. In order to place the levy on the tax rolls, City Council was required to review and approve the attached plan and resolutions. He said the District's Plan, as presented here, had been reviewed and approved by the El Paseo Merchants Association. Therefore, staff recommended approval of the plan and resolutions. No further vote of the members of the Assessment District was required. Councilman/Member Spiegel moved to waive further reading and adopt: 1) Resolution No. 02-85, approving the Management District Plan for the President's Plaza Property and Business Improvement Assessment District, FY 2002/03; 2) Resolution No. 02-86, ordering the levy and collection of assessments for the President's Plaza Property and Business Improvement Assessment District, FY 2002/03. Motion was seconded by Councilman/Member Crites and carried by 4-0 vote, with Mayor/Chairman Kelly ABSENT. 2 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2002 B. REQUEST FOR APPROVAL OF THE MANAGEMENT DISTRICT PLAN AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS, FISCAL YEAR 2002/03, FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT DISTRICT. Councilman/Member Ferguson stated for the record that he was a tenant in a building owned by one of the property owners in President's Plaza I11. Therefore, he would abstain from voting on this item. Councilman/Member Crites moved to, waive further reading and adopt: 1) Resolution No. 02-87, approving the Management District Plan for the President's Plaza III Property and Business Improvement Assessment District, FY 2002/03; 2) Resolution No. 02-88, ordering the levy and collection of assessments for the President's Plaza III Property and Business Improvement Assessment District, FY 2002/03. Motion was seconded by Councilman/Member Spiegel. Mr. Alvarez announced that there was a modification to be made to the recommendation. He said staff made an error in scheduling the President's Plaza III Advisory Board's meeting on this matter for today at 10:00 a.m. Therefore, staff requested that Council approve the resolutions and report with the following language, as provided by the City Attorney: "Approve the annual budget and resolutions, subject to the Advisory Board approval of a report containing the improvements and activities to be provided this year, the estimated costs, the method of assessment, the amount of surplus and deficit, and the contributions from any other sources." Mr. Alvarez further affirmed that this contingency was only applicable to the President's Plaza III District. Councilman/Member Crites and Councilman/Member Spiegel agreed to amend their motion and second, respectively, to include the recommended language. Mayor Pro-TemporeNice Chair Benson called for the vote, and the motion carried 3-0-1, with Councilman/Member Ferguson ABSTAINING and Mayor/Chairman Kelly ABSENT. VIII. REPORTS AND REMARKS A. CITY MANAGER/EXECUTIVE DIRECTOR None B. CITY ATTORNEY/AGENCY COUNSEL None 3 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY C. CITY CLERK/AGENCY SECRETARY None D. MEMBERS OF THE CITY COUNCIL/AGENCY BOARD JULY 31, 2002 1. Councilman/Member Spiegel reported that there would be a meeting at the Riverside County Office of Education, 47-336 Oasis Street, Indio, at 6:30 p.m. tonight regarding the school district boundary transfer issue between Desert Sands Unified School District and Palm Springs Unified School District for territory in the northern part of the City. He went on to say that there were nine criteria required for approval of a boundary change, and according to the report prepared by Caldwell, Flores, Winter, Inc., seven of the nine were met. The two not met were financial elements that involved Desert Sands and not Palm Springs Unified School District (PSUSD). He said ACM Justin McCarthy would speak to those two items at tonight's meeting, indicating that there was possibly some information that the consultants didn't have when their report was written, as it could be shown that Desert Sands is not hurt by the transfer. Councilman/Member Spiegel said that with regard to the City of Rancho Mirage and the letters received from them, he said Rancho Mirage was contacted some four weeks ago offering that he and Mr. Ortega would talk to their Council to explain Palm Desert's position. However, no acceptance of the offer was received. Consequently, Rancho Mirage had no background when they wrote their letter, nor did they have the information from the consultant's report. At this week's Battle At Bighorn event, he'd spoken with Rancho Mirage's City Manager, who agreed that they had been at fault. Further, he said Peter Solomon, who is developing homes west of Monterey Avenue near the intersection of Gerald Ford and Monterey, is one of the biggest opponents to the transfer; no other developers have come to the City of Palm Desert to ask for this transfer of land. He stated that those who have come to the City are present residents of Palm Desert that want to be part of Desert Sands so their children can attend Palm Desert schools. Further, he commented that the figures reflect that Palm Desert is not a "cash cow" for PSUSD and not the answer to their problems (e.g. overcrowding, with the recent $52 million bond issue not nearly enough to address the needs). Councilmen/Members Crites and Ferguson, and Mayor Pro-TemporeNice Chair Benson affirmed they would attend tonight's meeting. Councilman/Member Spiegel went on to say that he'd asked the City Manager's Office to prepare a letter for his signature, indicating Palm Desert's displeasure with Rancho Mirage's resolution and the fact that they were offered a presentation but did not receive it. He felt that after they'd heard from Palm Desert, they could have taken whatever position they wanted. Further, he believed the partnership the cities enjoyed as members of the Cove Communities should have provided for a little more understanding. 4 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2002 Mr. Ortega added that he and the City Attorney had just been reviewing several letters sent to the City by the attorneys representing PSUSD. The City Attorney would provide a position letter that will be handed to the Committee tonight along with the City's testimony on the two financial points. He commented that PSUSD's attorney wanted the City to be the lead agency on CEQA (California Environmental Quality Act) for the property transfer, which the City Attorney had also researched and would be drafting a letter to be submitted on that issue. Councilman/Member Spiegel said that interested residents had been contacted, and some of their letters had been received by the City Manager's Office for delivery at tonight's meeting. It was anticipated that a substantial turnout of residents with children from the contested area would attend as well. 2. Councilman/Member Spiegel noted that the Council had unanimously approved the Arnold Schwarzenegger proposal for an after school referendum/bond issue, and it would be on the November 2002 ballot. Therefore, he'd asked Mrs. Gilligan to draft a letter to the editor, outlining Palm Desert's support of the After School monies since approval was already given for use of the Middle School and Lincoln Elementary facilities for such programs. 3. Councilman/Member Crites said at the League of California Cities Conference he'd just attended, emphasis was placed on the need for cities to have established emergency management procedures in cases where both the Mayor and Mayor Pro Tem were absent from the City. Therefore, he felt the City Manager should be officially apprised of the City Council chain of command in such cases. He advised that it would follow the normal rotation pattern, which presently would list Councilman/Member Spiegel as the first person to contact if Mayor/Chairman Kelly and Mayor Pro Tem/Vice Chair Benson were not available, followed by Councilman/Member Crites, then Councilman/Member Ferguson. 4. Councilman/Member Crites asked for an item to be added to the Agenda, concerning a request to add more students to Palm Desert's youth delegation attending the upcoming League of California Cities Annual Conference in Long Beach in October. Councilman/Member Crites moved to, by Minute Motion, add this item to the Agenda. Motion was seconded by Councilman/Member Spiegel and carried by 4-0 vote, with Mayor/Chairman Kelly ABSENT. Councilman/Member Crites said that at the League's recent conference, he and Councilman/Member Spiegel attended a presentation on involving high school students/youth in League activities, especially the Annual Meeting. He said reports from all the various entities seemed to indicate that if it was limited to one or two students, it was very likely that one of them would cancel due to other school -related activities; and it amounted to a better experience when there was a delegation of three to six students. Therefore, staff was advised that the request for additional students would be forthcoming. 5 iv MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2002 Senior Management Analyst Pat Scully reported that in checking the availability for making additional room reservations, at this time, it was impossible to add more hotel rooms. However, it would be possible to add one student each to the two rooms already reserved. Councilman/Member Crites moved to, by Minute Motion, authorize an additional two students and the related expenditures to Palm Desert's delegation to attend the League of California Cities Annual Conference, Long Beach, in October. Motion was seconded by Councilman/Member Spiegel and carried by 4-0 vote, with Mayor/Chairman Kelly ABSENT. 5. Councilman/Member Ferguson said he, too, would like to add an item to this Agenda. It was relative to his membership on the Entrada Del Paseo Steering Committee and recommending a replacement appointment. Councilman/Member Ferguson moved to, by Minute Motion, add this consideration to the Agenda. Motion was seconded by Councilman/Member Spiegel and carried by 4-0 vote, with Mayor/Chairman Kelly ABSENT. Councilman/Member Ferguson stated that Mayor Pro TemNice Chair Benson and he had spent the last three years working on the Entrada Del Paseo Project, and if a fault could be cited, it would be that they agree too much on the project. Consequently, it seems the project has not moved forward. Therefore, it had occurred to him earlier this summer that it might be beneficial if a different Councilmember with a different perspective was appointed to work on the project with Mayor Pro TemNice Chair Benson. He discussed the issue and asked Councilman/Member Crites if he would be willing to take his place on the Committee, to which he reluctantly agreed. Councilman/Member Ferguson said he wished to resign from the Entrada Del Paseo Steering Committee and appoint Councilman/Member Crites to the position in hopes of resolving issues like whether or not the Chamber of Commerce should be on the site, whether a hotel should be part of the project, if a restaurant like Mimi's should be there, etc., that have effectively mired down the process to date. Councilman/Member Ferguson moved to, by Minute Motion, appoint Councilman/Member Crites as his replacement on the Entrada Del Paseo Steering Committee. Motion was seconded by Councilman/Member Spiegel. Councilman/Member Spiegel commented that Mr. Gibson recently provided sales tax figures, and it was the first time in many years that the figures did not exceed the previous year, acknowledging that there were many reasons for that. However, he noted that the biggest drop in tax dollars resulted in the restaurants category; he felt the Entrada Del Paseo site should be carefully examined in relation to the balance of restaurants in Palm Desert to rejuvenate that aspect of the City's sales tax base. 6 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 31, 2002 Mayor Pro TemNice Chair Benson called for the vote, and it carried 3-0-1, with Councilman/Member Crites ABSTAINING and Mayor/Chairman Kelly ABSENT. IX. ADJOURNMENT Upon a motion by Councilman/Member Ferguson, second by Councilman/Member Crites, and 4-0 vote of the City CouncU/Agency Board, with Mayor/Chairman Kelly ABSENT, Mayor Pro Tem/ Vice Chair Benson adjourned the meeting at 9:21 a.m. ATTEST: , RACHELLE D. KLASSEN CITY CLERK/AGENCY RETARY CITY OF PALM DESERT, CALIFORNIA/ PALM DESERT REDEVELOPMENT AGENCY 46,44,0r IAAN M. BENSON YOR PRO TEMNICE CHAIR 7