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HomeMy WebLinkAbout2003-09-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 25, 2003 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson Also Present: Excused Absence: Councilman Jim Ferguson Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Amir Hamidzadeh, Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs Spencer Knight, Landscape Manager Steve Smith, Planning Manager III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs Limited, et al., v. City of Palm Desert, U.S. District Court Case No. CV-EDCV 03-298 RT SGLx 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: Titles of Positions: City Attorney City Manager THE FOLLOWING WAS ADDED TO CLOSED SESSION AGENDA BY 4-0 VOTE: Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 With Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:02 p.m. She reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. ALI BABA FARZANEH, 39902 Newcastle Drive, Palm Desert, congratulated the City Council for approving the Hovley Gardens project, which was now available to residents. He stated that his daughter was handicapped and was able now to live independently there in a very nice apartment. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE MICHAEL HOMME FOR HIS SERVICE TO THE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY AND ITS ENTRADA DEL PASEO STEERING COMMITTEE. Mr. Homme was unable to be present at this meeting. B. PRESENTATION TO RECOGNIZE AULDEN SCHLATTER FOR HIS SERVICE TO THE CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY AND ITS CITIZENS' ADVISORY COMMITTEE FOR PROJECT AREA NO. 4. Mr. Schlatter was unable to be present at this meeting. C. PRESENTATION TO THE CITY COUNCIL BY PALM DESERT YOUTH COMMITTEE MEMBERS WHO WERE DELEGATES TO THE LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE, SEPTEMBER 7-10, 2003. Mayor Benson noted that as many other cities had done, the Palm Desert City Council had appointed a Youth Committee to provide advice on programs affecting the community's youth. She said this will be the first full year that the group will be active, with interviews just completed for full membership of seven and three alternates who will meet monthly. MS. MICHELLE STEIN, introduced herself as a member of the Youth Committee, stating, however, that she hadn't been able to participate in Sacramento. MS. KAYLEIGH HYDE and MS. ERIKA McQUILLEN reported that they very much enjoyed and benefitted from the opportunity to attend the League Conference with City officials. They participated in sessions including how to communicate more effectively, after school programs, and how "smart" communities promote the utilization of technology. Additionally, the delegates visited Senator Jim Battin and Assemblyman John Benoit, who provided them an opportunity to go on the Assembly floor at the Capitol; they visited the railroad museum in Sacramento and were also quite pleased to have lunch with Palm Desert City Councilmembers. Mayor Benson commented that the youth delegates represented the City very well, and it looked forward to continuing this component of the Committee's outreach. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 11, 2003, and the Special City Council Meeting of September 11, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 54, 55, 59, 61, 62, 66, 69, 70, 58PDOC, and 60PDOC. Rec: Approve as presented. C. CLAIMS AGAINST THE CITY (#s520A-D) by the Heirs of Scott Petruno in an Unspecified Amount. Rec: By Minute Motion, reject the Claims and direct the City Clerk to so notify the Claimants. D. ANNUAL REVIEW of the Statement of Investment Policy (Joint Consideration with the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and Palm Desert Financing Authority). Rec: By Minute Motion, approve the City of Palm Desert's "Statement of Investment Policy" for the Year 2004, as submitted by the City Treasurer. E. MINUTES of City Committee and Commission Meetings. 1. El Paseo Business Association Meetings of January 23, February 27, and July 17, 2003. 2. Housing Commission Meeting of July 9, 2003. 3. Sister Cities Committee Meeting of June 19, 2003. Rec: Receive and file. F-1. REQUEST FOR APPROVAL of Sister Cities Weekend Event, October 31 - November 3, 2003. Rec: By Minute Motion, approve the subject Sister Cities event to commemorate official establishment of Ixtapa - Zihuatanejo (Ix-Zi) as a Sister City to Palm Desert and appropriate $10,000 from the Unobligated General Fund to Account No. 110-4416-414-3126 for said activities. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 F-2. REQUEST FOR APPROVAL of Out -of -State Travel for Fire Department Representatives to lxtapa-Zihuatanejo, Mexico. Rec: By Minute Motion: 1) Concur with the recommendation of the Sister Cities Committee and approve out-of-state travel for three fire department representatives to make the subject trip; 2) approve the expenditure for same in an amount not to exceed $1,200 from the Sister Cities budget, Account No. 110-4416-414-3126. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C21120 — Removal and Boxing of Plant Material Along the Highway 111 Corridor between Larkspur Lane and Deep Canyon (Project No. 910-03). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $3,422.18 to the subject contract with Hort Tech, Inc., Palm Desert, California, and authorize the Mayor to execute same; 2) authorize the transfer of sad funds from contingency to base for the subject project. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20830 — Civic Center North Phase Carports (4-Con Engineering, Inc., Fontana, 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. REQUEST FOR AUTHORIZATION to Apply for the Roberti-Z'Berg Harris Block Grant Program Under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. Rec: Waive further reading and adopt Resolution No. 03-100, approving the City of Palm Desert as applicant for the subject grant funds. 1-2. REQUEST FOR AUTHORIZATION to Apply for the Per Capita Grant Program Under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002. Rec: Waive further reading and adopt Resolution No. 03-101, approving the City of Palm Desert as applicant for the subject grant funds. J. REQUEST FOR AUTHORIZATION to Accept the Local Law Enforcement Block Grant (LLEBG) Award. Rec: By Minute Motion, accept LLEBG Award in the amount of $29,136 and approve the matching fund expenditure in the amount of $2,914 from Police Contingency Funds for a total LLEBG Grant eligible award amount of $32,050. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 K. REQUEST FOR RATIFICATION of Out -of -State Travel to New York to Inspect The Parker Group. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. L. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Mayor Pro Tempore Spiegel asked that Item K be removed for separate consideration under Section XI, Consent Items Held Over. Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved by a 4-0 vote, with Councilman Ferguson ABSENT. XI. CONSENT ITEMS HELD OVER K. REQUEST FOR RATIFICATION of Out -of -State Travel to New York to Inspect The Parker Group. Mayor Pro Tempore Spiegel said he would like this to be approved subject to the Mayor's review and acceptance of the amount expended. Mayor Pro Tempore Spiegel moved to, by Minute Motion, ratify subject out-of-state travel by Councilman Ferguson to conduct due diligence regarding The Parker Group and their operations in New York City, subject to the Mayor's review and acceptance of the amount expended. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XII. RESOLUTIONS A. RESOLUTION NO. 03-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS. Mr. Ortega reviewed the staff report in the packets and provided a history of the City's relationship with the State for receipt of certain revenues. Mayor Benson noted that the reason the League of California Cities was proposing the initiative is because no City funds could be expended on the ballot measure. All funds would be raised by outside sources through the League of California Cities. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 Councilman Kelly added that the subject resolution was a way to keep the State from continually reaching back to the local governments to take revenue to cover its bad management. Councilman Crites said according to Councilman Ferguson, a Constitutional Initiative would supersede legislative action in authority. Therefore, he felt this should refer to the full one cent, not just the remaining %2 cent so the State would be prevented from taking any of the City's sales tax revenue. Responding to the comment, Mr. Ortega believed it would be best to first actually read the wording of the initiative, as he thought possibly many sources of local revenue would be covered in addition to sales tax. Mayor Pro Tempore Spiegel moved to waive further reading and adopt Resolution No. 03-102. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XIII. ORDINANCES For Introduction: None For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION OF REQUEST BY THE CHAPARRAL ASSOCIATION RELATIVE TO TRAFFIC SIGNALIZATION COST SHARING. Mr. Ortega stated that the City Attorney had been asked to negotiate on this matter, and his indication was that he does not have the authority to do anything except to recommend against the return of the funds. He reviewed the staff report, noting that this money was collected from the developer when the property was developed some time in the 1970s, and that fund was to be used for area -wide street signals, not necessarily for one particular signal. The request from Chaparral was that $40,000 be returned to them so they can pay for their contribution to the signal light that has now been required as a result of the approval of the project across the street. Staff's recommendation was that the request be declined for two reasons: 1) the money has already been spent; 2) when the City approved the Venezia project, it did not require Chaparral to participate. He noted that Minutes provided with the staff report showed that the developer of the Venezia project agreed to pay 100% for that signal. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 Councilman Crites asked whether a general signal fee is collected from each new development, whether or not an actual signal is going in front of that specific development. Mr. Erwin responded that it was his understanding the City used to do this. Councilman Crites stated that the fee, then, that was collected was no different than what would have been collected proportionally from any other project that would or would not have had its own signal, and Mr. Erwin agreed. He said there would not have been any implied agreement that those funds would have been segregated for thirty years for this specific project, and Mr. Erwin responded that there would not have been any such implied agreement. Councilman Crites noted that according to the Minutes, the developer of Venezia agreed to pay 100% of the cost of the signal; therefore, any agreement that Chaparral made with the developer was nothing the City encouraged or asked them to do. Mr. Erwin agreed. MR. H. RUDY FRIEDRICH, 12 Maximo Way, Palm Desert, Chaparral Country Club, Homeowners Association, said he was here approximately a year ago when these discussions were ongoing with the developer, he did not see much change in anything in the way it had come toward Chaparral, and he basically had no comment on this subject. Upon question by Mayor Pro Tempore Spiegel, he responded that Chaparral was in dealings with the Venezia Corporation. He agreed that helping Venezia with the signal was being done by their own free will, although this was the direction they were guided into. Upon question as to who had guided them in this direction, he said "no comment." MR. MURRAY MAGLOFF said signalization money was put into the City coffers a long time ago, and Chaparral should not be responsible for paying that $50,000 to help put in the signal. Councilman Crites moved to, by Minute Motion, decline the request for reimbursement of $40,000 in Signalization Fees by the Chaparral Homeowners Association for the proposed traffic signal at Portola Avenue and the Chaparral/Venezia gates. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. REQUEST FOR DIRECTION RELATIVE TO THE CITY OF PALM DESERT'S POSITION ON THE PROPOSED COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS' (CVAG) FIRST-TIME HOME BUYER PROGRAM. Ms. La Rocca reviewed the staff report and noted that John Wohlmuth, Executive Director of CVAG, was available to answer any questions. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 Councilman Kelly said he felt this was an excellent program. Responding to question about his reservations about the program, Mr. Ortega said he and other City Managers were concerned whether this was an appropriate role for CVAG — to be making loans to individuals — and whether there was any liability on CVAG and its members for the second mortgages. He had subsequently discussed the concerns with Ms. La Rocca. Councilman Kelly commented that he served on the committee that worked on the proposal from the beginning. The situation was that financial institutions had to give something back to the community, and this represented a great opportunity for CVAG to accept what they're giving to help a group that was not addressed in any other affordable housing program --the group had the income to make payments, but they didn't have quite enough to make the down payments. Responding to question, he answered that the financial institutions put up all the money, and they would make the loans. He said similar programs had been successful in other communities, there would be a reserve fund to handle any defaults, and he pointed out that those other communities experienced a low rate of default. MR. WOHLMUTH explained that the program amounted to a loan from the banks in the amount of $2.35 million to place a second that the potential owner would pay back over a 30-year period. The loan loss reserve would also be funded by an institution. It would be a loan that was not necessarily payable back by CVAG, so a $200,000 security blanket would be put up by a financial institution for the loan loss reserve in the event that the 25% second to be paid back by the owner is foreclosed upon. He affirmed that Mr. Ortega and other City Managers were primarily concerned for: 1) Whether CVAG should be involved in this program; 2) what the risk would be to CVAG; 3) what the risk would be to CVAG's member entities. The second and third questions were addressed with the loan loss reserve and setting up a separate JPA (Joint Powers Agreement) to protect the cities. He said CVAG was asked to participate because it would be difficult for individual cities to administer such a program; it would need to be Valley - wide, since local financial institutions' branches in a particular city served an area greater than the city boundaries. He said the proposed enabled the moderate income home buyer, who would pay back the entire amount, to achieve home ownership with funds deposited by the banks into the consortium managed by CVAG. Responding to question about foreclosure, he said if the first is foreclosed upon and the second has to be paid back, the home would be sold, and the proceeds would repay the first and the second, and the money returned to the consortium. If there was a loss in property value, the loan loss reserve would be tapped. He said the research done on similar programs in Southern California and some Statewide, which have been in place for over five years (the Orange County and Claremont 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 Consortiums), do not have a history of any foreclosures at this point. Additionally, he said in order for a home buyer to participate in the program, they must go through an elaborate education and an annual counseling program, which would be ongoing. Councilman Kelly moved to, by Minute Motion, provide endorsement for the program. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. C. CONSIDERATION OF THE APPROVAL OF ARCHITECTURAL SERVICES PROPOSAL FOR MESA VIEW FIRE STATION #67 RENOVATION PROJECT. Mr. Ortega noted the staff report in the packets. Mayor Pro Tempore Spiegel moved to, by Minute Motion: 1) Award the subject contract for the preparation of construction drawings and bid specifications to Urrutia Architects, Palm Desert, California, in the amount of $92,750 plus reimbursables (Contract No. C20580C) — funds are available in Construction Tax Fund 231; 2) upon completion of the above construction drawings and bid specifications, authorize the City Clerk to advertise and call for bids for construction of the project (Contract No. C20580D). Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XV. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION BY THE ARCHITECTURAL REVIEW COMMISSION, REQUESTING APPROVAL OF A NEW ILLUMINATED SIGN LOCATED AT 73-983 HIGHWAY 111 Case No. SA 03-83 (Sohail Mull, Appellant) (Continued from the meeting of August 28, 2003). Assistant Planner Tony Bagato reviewed the staff report, noting that this item was before Council on August 28'h, and the applicant had installed the sign. He noted that at the Architectural Review Commission meeting Tuesday, the Commission was split 3-3. Staff felt the sign does fit with the context of the building and recommended approval. Upon question by Councilman Crites, Mr. Bagato responded that the applicant had installed the sign without any approvals and permits. Upon question by Mayor Pro Tempore Spiegel, Mr. Bagato responded that the three Architectural Review Commissioners who voted against the sign felt that it did not fit in with the architecture of the building and did not like the color yellow on the building. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 Councilman Kelly moved to, by Minute Motion, approve the sign. Motion was seconded by Spiegel. With a 2-2 vote (Councilman Kelly and Mayor Pro Tempore Spiegel voting AYE, Mayor Benson and Councilman Crites voting NO); no action was taken. Mr. Erwin suggested that the Council continue this matter to the next meeting. Councilman Crites noted that there was an issue, the Council sent the matter back for discussion, and he felt the person would wait until there was a final decision before installing the sign. He said that would suggest to him that the appellant was less than particularly interested in the Council's decision and went ahead and installed the sign. In addition, he agreed with the three Architectural Review Commissioners who felt the sign as not in keeping with the rest of the signage on the building. He added that he agreed with suggestions made by the Architectural Review Commission, none of which were acceptable to the appellant. Councilman Crites moved to continue this matter to the meting of October 9, 2003. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACTS FOR COMMUNITY SERVICES BUILDING RENOVATION PROJECT. Mr. Ortega noted that Council had previously approved this project conceptually and had instructed staff to proceed. Councilman Crites moved to, by Minute Motion: 1) Award contract for construction of the improvements for renovation of the Community Services Wing to Doug Wall Construction, Inc., Bermuda Dunes, California, in the amount of $175,479 (Contract No. C20880) and authorize the Mayor to execute same, and authorize a 10% contingency for the project in the amount of $17,547.90; 2) award contract for Office Furniture/Workstations to Seal Furniture and Systems, San Diego, California, in the amount of $95,067.73 (Contract No. C20880A) and authorize the Mayor to execute same, and authorize a 10% contingency in the amount of $9,506.77; 3) authorize staff to donate old office furniture and other items to various non-profit organization(s) and/or to sell to a company that specializes in the refurbishing and sale of old office furniture; 4) appropriate funds for this purpose in the amount of $297,601.40 from the New Construction Fund 231. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 B. CONSIDERATION OF THE UPDATED FISCAL IMPACT ANALYSIS FOR ANNEXATION NO. 37 — PALM DESERT GREENS AND SUNCREST COUNTRY CLUBS (LAFCO #2002-37-4). Mr. Ortega reviewed the staff report. Discussion was held relative to non -inclusion of Traffic Safety/Measure A fund revenue, tax restricted for funding highway improvements and local street and road maintenance. MR. JACK EDELMAN, 73-450 Country Club Drive, Space #35, Suncrest Country Club, said he felt the Council should not be so concerned about money but should approve this annexation. MS. EMMA DOE, 39326 Moronga Canyon Drive, Palm Desert, Annexation Chairman of Suncrest, said its citizens were overwhelmingly in support of this annexation. She noted a survey taken in June 2001, resulted in a total of 342 household responses in favor of annexation who had not signed any petitions. 742 had signed petitions, and there were 300 responses from people who had not lived here long enough and were not even aware of the annexation issue. There were only 261 negative responses. She said it was her opinion that the opposition to annexation would not garner the 25% necessary to trigger an election; however, if they do accomplish that, she felt she had absolute proof that the large majority of votes would be in favor of annexation. MR. MAL SINCLAIR, 74-691 Oak Flats Drive, Palm Desert, Palm Desert Greens Country Club, presented documentation he had prepared relative to property tax revenue, public safety, etc. He said that by making the adjustments he recommended, the original deficit of $1,006,061 became a surplus of $296,547. MR. VERN MARIO, 39-208 Desert Greens Drive E, Palm Desert, spoke in favor of the annexation, saying he felt Palm Desert Greens would do nothing but enhance the City. He said he could not see where they would be a burden to the City, and they would contribute greatly. MR. RICHARD UNITAN, 73-450 Country Club Drive, Palm Desert, President of the Suncrest Country Club Homeowners Association, spoke in favor of annexation. Although the revised financial impact study indicated a five-year shortfall in revenues versus expenses, he felt adjustments could be made in expense areas such as public safety (Palm Desert Greens has its own full- time security force of 14 members plus a citizens patrol; Suncrest has contracted its own security patrol service and maintains a security committee comprised of former police officers and those in the security industry). He noted that police calls to these two communities were negligible. Residents 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 were law-abiding, and there was Tess police activity than any other part of the City. He said if the City needs five additional officers to annex these two communities, then it would benefit the entire City and should be borne by the entire City rather than the two communities. He noted that if only three officers were hired, the deficit would disappear. Another area of expense was the general fund expenditures, projected to total $1,463,379 in five years. The report indicated an allocation of 20% of the cost to support building and safety; however, these two communities were all built and, with little exception, there would be little need for these services. There was also an allocation of 50% for the cost of risk management and development services, and he did not see where the two communities would need these services, as they are fully developed. Code enforcement costs were allocated at 50%; however, both communities were gated and on private property. Palm Desert Greens has its own CCC&Rs, and Suncrest has a very tight oversight by its management as to enforcement of community regulations. He noted they maintained their own streets, landscaping, and lighting, and he felt some additional reductions on anticipated usage of general services should be considered with regard to this impact report. He added that the main reason for the annexation request was for them to be able to receive prompt, competent emergency ambulance services. For that, the expected to pay the emergency tax and other reasonable expenses. He noted that the financial impact report indicated projected income from the emergency tax was $105,216; projected cost of emergency services for 2002 was $46,867. That left a profit to the City of $58,349. He said he felt they would not be a burden to the City and would actually be an asset, and he urged the Council to approve the annexation. Councilman Crites questioned the ratio of police officers to residents and said he assumed that was based on a proposed growth mix that averages in gated residential, non -gated residential, commercial, office professional, etc. He asked if the residual cost of additional public safety services had been calculated, were the City to add only gated communities and not the rest of the mix that goes into calculating that ratio. Finance Director Paul Gibson responded that when Mr. Jonathan was preparing the fiscal impact report, he had gone to each of the departments, including the Sheriffs Department, and requested the assumptions as far as each department was concerned. However, he did not believe the assumptions of Councilman Crites were taken into consideration. Councilman Crites asked whether the Sheriffs Department believed the current ratio is accurate for the normal growth of the City, and Mr. Gibson responded affirmatively. He asked if the Sheriffs Department had looked at the fact that this is not adding what would normally be thought of as the mix of growth that the City anticipates, and Mr. Gibson said he did not believe 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 that discussion occurred, although it would be a reasonable discussion to have. MS. JACKSON, 73-281 Cold Springs Way, Palm Desert Greens, noted that while the property values in the community show up on the tax rolls at the land value, the actual tax rate is based on the selling price of all those homes that were put in service after July 1981. The average selling price on the least expensive home was currently approximately $125,000 to $200,000. Councilman Crites said he did not think anyone on the City Council had ever not thought of these communities as an asset. Mayor Pro Tempore Spiegel noted that in the past, residents of Palm Desert Greens and Suncrest had not wanted to be annexed to the City. Mr. Ortega noted that in the fiscal analysis report, when the original prices were compared with the sales through October, assessed valuation dropped by a million dollars. He said the issue was that if one looks at how property taxes are distributed, the City is hamstrung by a policy that has been implemented that says when you annex, you will basically get very little of the money. He added that he had recommended negotiating new tax distributions with the County, which resulted in the City being able to gain an additional 30% of the fire tax and also have the library tax come to Palm Desert. Upon question by Councilman Crites, Mr. Ortega responded that he did not think there was any practical value in additional negotiation with the County. Councilman Kelly said he felt the largest issue was that there is a group of people in these communities, surrounded by Palm Desert, who are definitely a part of the City and utilize Palm Desert's services. He said he felt the City had done enough due diligence for the Council to go ahead and make a decision. Councilman Kelly moved to, by Minute Motion: 1) Approve the annexation; 2) direct staff to prepare the appropriate Resolution implementing said action and forward it to the County (Resolution No. 03-103). Mayor Pro Tempore Spiegel said he could understand additional expenses for fire and law enforcement; however, there were additional expenses of $199,000 for Public Works which he did not understand since these are gated communities. There is also $1.4 million in affected General Fund expenditures per capita, and he did not see where the General Fund was going to be affected to that degree. These residents already use City parks, go to the concerts, use the Joslyn Cove Communities Senior Center, etc., and he did not understand where that figure came from. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 Mr. Ortega responded that because the formula for fire protection through Cove Commission was based on assessed valuation, the City will have to pay more; however, as of July 1, 2004, the City will no longer be in the Cove Commission. Mayor Pro Tempore Spiegel seconded the motion, and the motion carried by a 4-0 vote, with Councilman Ferguson ABSENT. A five-minute recess was observed prior to introducing Public Hearing Item A. XVII. PUBLIC HEARINGS A. RE -NOTICED CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF THE PLANNING COMMISSION'S APPROVAL OF A REQUEST, AMENDING A CONDITION OF APPROVAL BY DELETING THE REQUIREMENT TO CONSTRUCT A 6-FOOT WIDE, 90 LINEAL FOOT LONG CONCRETE SIDEWALK FORATRIPLEXAPARTMENT PROJECT UNDER CONSTRUCTION AT 74-140 CANDLEWOOD STREET (BETWEEN SHADOW MOUNTAIN DRIVE AND QUAILBRUSH AVENUE) Case No. PP 02-15. Amendment No. 1 (A. R. Woolworth d.b.a. Westwind Development, Applicant). Associate Planner Francisco Urbina reviewed the staff report, noting that an error was made in the original notice of the public hearing, indicating it would take place at 7:00 p.m. rather than at 4:00 p.m. The public hearing was readvertised and renoticed to surrounding property owners within 300 feet. He noted that at the Planning Commission public hearing in December2002, the applicant did not voice any objections to a Public Works condition requiring the construction of a six-foot wide sidewalk along the project site's frontage. The applicant also did not file a timely appeal within 15 calendar days of the December 2002, Planning Commission approval. Later on, as the grading plans proceeded through the plan check process, the applicant decided that the six-foot wide sidewalk did not make sense since there are no existing sidewalks in the vicinity of the project; therefore, in June 2003, the applicant filed an amendment to the precise plan to have the Planning Commission amend Public Works Department condition of approval regarding the sidewalk to delete or defer the requirement for construction of that sidewalk. The response from the Public Works Department was that it had been standard operating policy to require that all projects involving new construction must provide their fair share of offsite public improvements where there are none; in this case, the offsite public improvements consist of a six-foot wide sidewalk. The applicant's reasons for the request are: 1) that there are no existing public sidewalks adjacent to the project site, and it would not make any logical sense to require construction of a sidewalk that would not connect to any other sidewalks; 2) construction of a sidewalk might impact the root system of an existing mature olive tree, which might require 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 its removal. Planning staff discussed this issue with the Public Works Department landscape staff; it was determined that the existing olive tree was not in a healthy, viable condition, and staff felt it was not necessary to preserve this tree. Staff did agree to reduce the width of the sidewalk from six feet to five feet, but that was still not acceptable to the applicant. He said although 90 lineal feet of sidewalk may not seem to be a large benefit from the applicant's point of view, it would incrementally add to pedestrian safety in the neighborhood from staff's perspective. He noted that at the July, 2003, Planning Commission public hearing, the applicant stated that there was only an eight -foot distance between that existing six -foot -high block wall and the curved street curb on Candlewood Street; however, since that meeting, staff had revisited the project site and taken measurements, finding that the exact distance varied from 10 feet 5 inches to 11 feet. Therefore, there is sufficient room to accommodate the construction of a five-foot sidewalk and allow for a six-foot wide landscape planter to accommodate the planting of street trees, which is a standard condition of approval for all new projects. Staff's recommendation was that the Council adopt a resolution reversing the Planning Commission's approval of Amendment No. 1, which deleted the requirement for the construction of a sidewalk. Staff also recommended that Public Works Condition #7 be amended to reduce the width of the required 90 lineal feet of sidewalk from six feet in width to five feet in width. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. AL WOOLWORTH, 77-240 Iroquois Drive, Indian Wells, spoke as owner of the property. He said he had gone to Architectural, Landscaping, and Planning with this plan showing all of the landscaping where he wanted it and where the City wanted it and was finally ready to pick up his permit. The City's Engineering Department, which had reviewed his plans and sent them back for revision, had never mentioned the sidewalk until he went to pick up his permit, although he agreed it was on the notes. The City Code section which the requirement quotes applied to a subdivision as far as he could understand and did not apply to one individual piece of property. He said he was not objecting to the cost of constructing the sidewalk; he was objecting to the way it would look since there are no sidewalks anywhere else in that area. He said the Planning Department's remarks were that the sidewalk was not consistent with the neighborhood, that landscaping looked better, and there were no other sidewalks in the foreseeable future. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 03-99A, as amended for Public Works Condition No. 7 to reduce the width of the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 required 90 lineal feet sidewalk from six feet in width to five feet in width. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE AS IT RELATES TO PARKING REQUIREMENTS FOR CHURCHES AND OTHER PLACES OF ASSEMBLY (P.D.M.C. SECTION 25.58.310) Case No. ZOA 03-01 (City of Palm Desert, Applicant). Planning Manager Steve Smith reviewed the staff report, noting that this amendment would allow the Planning Commission, where a conditional use permit is required for a place of assembly, to require additional parking mitigation and/or a parking management plan if the Commission makes the finding that the specific operational characteristics of the use create additional demand for parking. Upon question by Mayor Pro Tempore Spiegel as to whether this was done specifically for the Presbyterian Church on Highway 74, Mr. Smith responded that there was a parking survey done by Code Compliance in February 2003, and there was evidence of street parking occurring around the Catholic Church on Deep Canyon, Hope Lutheran, etc. The survey did not study the two churches on Highway 74 because they were under construction at the time. Staff's position through this whole process was that the problem was negligible and occurs a couple of hours per week during the season. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this amendment. With no testimony offered, she declared the public hearing closed. Mayor Pro Tempore Spiegel moved to waive further reading and pass Ordinance No. 1053 to second reading, approving Case No. ZOA 03-01. Motion was seconded by Crites and carried by a 3-1 vote, with Councilman Kelly voting NO and Councilman Ferguson ABSENT. XVIII. REPORTS AND REMARKS Councilman Crites moved to add the following items to the Agenda. Motion was seconded by Spiegel and carried by a 4-0 vote. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE CAHUILLA HILLS PARK LOOP TRAIL, HOMME/ADAMS PARK CONNECTOR TRAIL AND HOMME/ADAMS PARK MULTI-USER LOOP TRAIL, AND THE VISITOR CENTER LOOP TRAIL (CONTRACT NO. C21880). Councilman Spiegel moved to, b Minute Motion, award the subject contract to Michael Schuler, Palm Desert, California, in the amount of $122,430, subject to 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 concurrence by the City Attorney. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. CONSIDERATION OF REQUEST FOR A LETTER TO SACRAMENTO FOR A SPECIAL MEETING ON SEPTEMBER 29, 2003, REGARDING MEGAN'S LAW. Mayor Benson noted that she had received an emergency fax yesterday stating that the Speaker of the Assembly would reconvene the Assembly at 11:00 a.m. on September 29, 2003, to reconsider the vote and consider passage of AB 1313 by Assemblymember Parra, extending Megan's Law. Councilman Crites moved to, by Minute Motion, authorize the Mayor to send a letter of support for passage of AB 1313 (Parra), the extension of Megan's Law. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. A. CITY MANAGER 1. Consideration of Municipal Utility Study. Mr. Ortega noted that when staff last reported on the formation of the municipal utility, Council was advised that staff would have a complete financial feasibility report. He asked how Council would like this to be presented. With Council concurrence, staff was directed to schedule an adjourned meeting of the City Council and Redevelopment Agency for 2:00 p.m. on Thursday, October 9, to begin review of the feasibility study. B. CITY ATTORNEY None C. CITY CLERK 1. Consideration of November and December Meeting Schedule Relative to the General Plan Process. Council asked that this question be raised again at the next meeting. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Multi-Aaencv Library 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 a) Mayor Pro Tem Spiegel stated that the College side of the Multi -Agency Library was open again with restricted hours (no evenings or weekends) after having been closed all summer and scheduled to be closed the month of December. He said Mayor Benson had asked him to attend the Library Promotion Committee Meeting recently to ask if the City Library would be willing to take over the College's stacks when they were unable to staff them. The Library Committee unanimously supported the idea. He then talked with College President Dr. Sheehan, who indicated she would be also willing to support the proposal with a couple of operational caveats. Therefore, with his colleagues' concurrence, he wanted to ask staff to begin working with College of the Desert in order to make the Library fully accessible on a set schedule of hours. Councilmembers concurred. b) Mayor Benson reported that currently there was a commemorative September 11 tapestry on display at the City Library. She noted that Public Arts Manager Richard Twedt assisted with its installation, and the tapestry will be on display until October 15. She encouraged everyone to go the Library to see it. o City Council Committee Reports: (See above.) o City Council Comments: 1. City Council Liaison Reports. a) Mayor Benson commented she attended graduation exercises for the first class of TIP (Trauma Intervention Program). She said 24 members graduated from the 55-hour program, and they were ready to begin providing services on October 1. Law Enforcement representatives on hand were very excited to have them in the Valley, and Palm Desert was recognized for initiating the P.A.C.T program, tailored for children, whereas, TIP was for both adults and children in traumatic situations. She said it was good to take the next step in helping the community. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 25, 2003 b) Mayor Benson stated earlier today she welcomed 500 campers at Emerald Desert RV Park. She said the group was also here in 2001 and said they would be back in 2005. XIX. ADJOURNMENT With City Council concurrence, Mayor Benson adjourned the meeting at 6:59 p.m. to a Joint Meeting of the City Council and Redevelopment Agency at 2:00 p.m. on Thursday, October 9, 2003. ATTEST: J'AN M. BENSON, MAYOR RACHELLE [5-.7ITASSEN, CITY CLERK ) CITY OF PALM DESERT, CALIFORNIA 20