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HomeMy WebLinkAbout1987-06-11 AdjournedMINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY. JUNE 11, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 1:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tem Jean-M. Benson III. INVOCATION - Councilman Walter H. Snyder Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting until after discussion of the proposed 1987/88 Fiscal Year Budget. Action taken by the Council during that discussion is attached hereto and made a part hereof as Exhibit "A". Mayor Kelly reconvened the meeting at 4:45 p.m. IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Ramon A. Diaz, Director of Community Development/Planning Richard J. Folkers, Director of Public Works Kirby J. Warner, General Services Director Patrick Conlon, Director of Building and Safety MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1967 • • • • • • • • • • • • • • • • • • • • • • • • • V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 28, 1987. Rec: Approve as presented. 8. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0506, WR0509, and WR0511. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pantele Enterprises, Inc., for 73-111 El Paseo, Palm Desert. Rec: Refer to Department of Community Development for processing. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dan Love Restaurants, Inc., for Dan Love's Barbecue Restaurant, 72-760 El Paseo, #D-7, Palm Desert. Rec: Refer to Department of Community Development for processing. E. CLAIM AGAINST THE CITY by Eugene B. Sherwood to the Amount of $100.00. Rec: By Minute Motion, authorize the Claims Review Committee to settle the claim. F. MINUTES of the Building Board of Appeals and Condemnations Meeting of May 13, 1987. Rec: Receive and file. G. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Construction of the Community Park Restrooms (Contract No. 00-214). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for construction of the Community Park restrooms <Contract No. 00- 214). 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • f • • • • it • • • • • • • • • • • • • • • H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Replacement of the Roof at the Palm Desert Library (Contract No. 00-215). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project (Contract No. 00-215). I. REQUEST FOR APPROVAL of Final Parcel Map Nos. 20949, 20950, 20955, 20958, 21009, and 21215. Rec: Waive further reading and adopt Resolution No. 87-40, approving Parcel Map Nos. 20949, 20950, 20955, 20958, 21009, and 21215. J. REQUEST FOR APPROVAL of Change Order No. A to Contract:No. 00-125 for Engineering Services for Monterey Avenue Storm Drain. Rec: By Minute Motion, approve Change Order No. A appropriating an additional $2,598 for engineering services in conjunction with the Monterey Avenue storm drain. K. REQUEST FOR AWARD OF CONTRACT NO. 00-212, for Playground Equipment for Community Park. Rec: By Minute Motion, award the contract for playground equipment for the Palm Desert Community Park to Hanson Associates in the amount of $19,340. L. REQUEST FOR APPROVAL of Vacation of Street Right -of -Way on Highway 74 Frontage Road. Rec: Waive further reading and adopt Resolution No. 87-41, setting a public hearing for consideration of vacation of street right-of-way on Highway 74 frontage road. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • i 4 4 • • • • en 40 M. REQUEST FOR CONSIDERATION of Revision of Requirements for Conflict of Interest Disclosure Statements. Rec: Waive further reading and adopt Resolution No. 87-42, revising the list of officers and employees required to file statements disclosing financial interests. N. CONSIDERATION OF REQUEST from National League of Cities, United States Conference of Mayors, and the International City Management Association for Support of State and Local Legal Center. Rec: By Minute Motion, approve the City's participation with the Academy for State and Local Government and authorize the payment of $250. 0. REQUEST FOR APPROVAL of Proposal Submitted by Kicak 8 Associates for Assessment District Administration (Contract No. 00-216). Rec: By Minute Motion, approve the proposal submitted by Kicak 8 Associates for various administrative services to be provided for assessment districts. P. CONSIDERATION OF REQUEST FOR APPROVAL OF PURCHASE OF RADAR UNIT FOR SHERIFF'S DEPARTMENT. Rec: By Minute Motion, approve the purchase of a radar unit for the Sheriff's Department. Q. CONSIDERATION OF REOUEST FROM CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO, FOR PERMISSION TO USE EDUCATIONAL ACCESS CHANNEL. Rec: By Minute Motion, authorize California State University, San Bernardino, to use the educational access channel with the provision that if at a later time there are other educational institutions that also want to use i t , a schedule will be worked out so that everyone is assured a fair share of time available. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites asked that Item "L" be removed from the Consent Calendar for separate discussion under Section IX, Consent Items Held Over. Mayor Kelly asked that Item "D" also be removed for separate discussion. Upon motion by Wilson, second by Crites, the Consent Calendar, with the exceptions of Items "D" and "L", was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MS. SANDRA YAVITZ, Carver Company, 555 South Palm Canyon, stated that she wished to speak to Item X - D relative to the Building Board of Appeals decision. Mayor Ke 1 1 y stated she would be allowed to do so when. the Council considered that item. MR. AL DURRETT, 79-325 Highway 111, Suite L, addressed the Council relative to the San Pablo baseball fields. He stated he represented the Desert Youth Sports Organization (DYSO), which was concerned that the fields would not be lighted for evening use. He also stated that the DYSO was interested in having more acreage in the North Sphere set aside for the young People. Mr. Altman responded that staff would prepare a report relative to these concerns. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • IX. CONSENT ITEMS HELD OVER D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dan Love Restaurants, Inc., for Dan Love's Barbecue Restaurant, 72-760 El Paseo, #0-7, Palm Desert. Mayor Kelly stated that he would be abstaining from voting on this item inasmuch as he had an interest in the restaurant. Councilman Wilson moved to, by Minute Motion, refer this item to the Department of Community Development for processing. Motion was seconded by Crites and carried by a 4-0-1 vote, with Mayor Kelly ABSTAINING. L. REQUEST FOR APPROVAL of Vacation of Street Right -of -Way on Highway 74 Frontage Road. Councilman Crites stated he had requested removal of this item because he wanted to know if the City was merely returning this land to its rightful owner or if the land was being given to the adjacent property owner, and if so, whether the City should receive compensation. He also questioned whether or not a building would be allowed on that corner once the right-of-way was vacated and if the City would have control over the height of that building. Councilman Snyder suggested that this item not even be considered by the Council and stated he felt there was no need for this vacation, it was too close to El Paseo, and it could cause problems for Highway 74. Upon question by Councilmember Benson, Mr. Diaz responded that the project considered for this corner had already been submitted to the Planning Commission. He recommended that the Council call up this project at the same time It holds the public hearing for the street vacation since the project itself is based upon approval of the street vacation. Councilman Crites asked what staff felt the City would gain by giving up that piece of land. Mr. Diaz responded that it would mean a nicer development on that corner and a better entry onto El Paseo. He added that while that land was not currently on the tax roles, It would be if it were vacated by the City. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites moved to remove this item from Council consideration. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Wilson voting NO. X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF DANGEROUS STRUCTURE ABATEMENT. Mr. Conlon reviewed the staff report and offered to answer any questions. Councilman Crites moved to, by Minute Motion: 1) Approve Contract Nos. 00-217, 00-218, and 00-219 with Mardav Construction Company for the demolition of dangerous structures; and 2) Instruct the Dtrector of General Services to appropriate $5,413.00 to cover the cost of the demolition contracts from the City's unappropriated General Fund balarLce. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR COUNCIL DIRECTION RELATIVE TO APPROVAL OF SPECIAL EVENTS. Mr. Diaz reviewed the staff report dated June 11, 1987, outlining various general conditions or criteria to be used in approving special events at the staff level. Councilmember Benson suggested that anyone requesting this type of approval also be required to post a cleaning bond. That way, if the area is not cleaned up within 24 hours, the City could use that bond to pay for the cleaning. Mr. Diaz stated that a cash deposit could be required which would be forfeited if cleanup was not done. Councilman Crites moved to, by Minute Motion: 1) Delegate to the Director of Planning the authority to issue permits for special events, using conditions he deems appropriate to protect the City; and 2) Require the posting of a cash deposit by each applicant for cleanup after each event. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. CONSIDERATION OF REQUEST FROM CITY OF EL MONTE FOR SUPPORT OF ASSEMBLY BILL 1125 (TANNER) RELATIVE TO CANDIDATES' STATEMENTS FOR NONPARTISAN ELECTIONS. Mayor Kelly stated that this request had been sent to him by the Mayor of the City of El Monte and that he did not 7 'I MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • want to answer the letter until the rest of the Councilmembers had reviewed it. Upon motion by Wilson, second by Benson, and unanimous vote, this matter was TABLED by the City Council. D. REQUEST FOR CONSIDERATION OF APPEAL BY MR. ALLEN TROMBINO, OWNER OF THE PASTRY SWAN, AND MS. JUNE HANE, OWNER OF THE SWISS DONUT #2 OF BUILDING BOARD OF APPEALS AND CONDEMNATION DECISION. Mr. Conlon reviewed the staff report dated May 21, 1987, noting that businesses selling food which is consumed on the premises are considered restaurants according to the Uniform Plumbing Code and must, therefore, have public toilet facilities. He added that the problem in the two cases here was that these businesses were approved by the City as "take out" food services and had subsequently moved in chairs and tables for the use of their patrons; however, they dfd not have any restroom facilities. MR. JOSEPH A. TROMBINO, 73-131 Country Club Drive, spoke as the owner of The Pastry Swan and reviewed his letter dated May 19, 1987 (on file and of record in the Cfty Clerk's office). He added that he felt the requirement to install a restroom in his establishment would create a hardship for him. MS. JUNE HANE, 72-793 Bursera Way, spoke as the owner of The Swiss Donut #2 and stated she did not feel her store should be considered a restaurant since she only served pastries, donuts, and drinks. MS. SANDRA YAVITZ, 555 South Palm Canyon, Palm Springs, stated she was with the Carver Company and agreed with what Mr. Tromb i no and Ms. Hane had said. She said her company had private agreements with the City and with the tenants and that they had approved the same plans approved by the City, which she said showed seating areas in these establishments. Councilman Crites asked how the other businesses in the Plaza de Monterey center had solved the problem of providing restrooms. Mr. Conlon responded that China Jo's and Mississippi Jack's Chicken had agreed to provide a common area set of restrooms for public use and were now in compliance with the Code. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • . . • . • • • • • •. • • • • • • • • • • • Upon question by Councilman Snyder, Mr. Conlon responded that the Pastry Swan and Swiss Donut could not do the same thing because they were separated by the Lucky's store. Councilman Snyder moved to continue this item to the meeting of June 25, 1987, to give staff and the business owners an opportunity to meet and try to work out a solution to this problem, with staff to bring back a report and recommendation at that meeting. Motion was seconded by Benson. Mayor Kelly stated that he would vote against continuing this item because there had been other businesses with the same problem (providing public restrooms) which had not had the same opportunity to work out a solution. Mayor Kelly called for the vote. The motion carried by a 4-1 vote, with Mayor Kelly voting NO. E. INFORMATION ITEMS 1. CIVIC CENTER BLOWING DIRT SITUATION. Mr. Folkers reviewed the staff report dated June 11, 1987, and offered to answer any questions. No action was necessary or taken by the Council relative to this item. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. CONSIDERATION OF REQUEST BY MR. JOHN DELLA FOR WAIVER OF SIDEWALK REQUIREMENT AT 74-465 DRIFTWOOD DRIVE, PRECISE PLAN NO. 86-13. Mr. Folkers reviewed the staff report and offered to answer questions. Councilman Wilson moved to, by Minute Motion, deny the applicant's request and require the installation of sidewalk for the subject property. Motion was seconded by Snyder and carried by unanimous vote of the Council. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XIII. REPORTS AND REMARKS A. CITY MANAGER None 8. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. Bicentennial Celebration of U.S. Constitution Mb Councilman Crites introduced Ms. Julie Bornstein who had been working on establishing a committee to celebrate the bicentennial of the United States Constitution and stated that Council would be considering appointments to this committee later during the meeting. Ms. Bornstein updated the Council on preliminary plans for establishment of this committee as well as plans for activities which would be taking place during the celebration of the United States Constitution. She said the committee would report back to the Council and would also be requesting funding at a later time. She added that It would be celebrated from September 1987 through 1991. 2. Per Councilman Crites' request, Mr. Ortega updated the Council on the conference he had attended with Councilmembers Crites and Benson. He said that counties were opposed to Campbell Senate Bill 409 relative to no -tax cities because whatever funds are given to no -tax cities will be taken from the counties; however, there is also a bill being considered which would assist the counties. He added that an item for discussion at the next Council meeting would be whether or not we need to have someone 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • JUNE 11, 1987 • • • • • • • • • • in Sacramento to keep track of this bi l l and represent the City's interest because he had gotten the feeling from what was said that we could be cut out of the bill if someone was not there from the City. 3. Councilman Wilson stated he had attended a meeting that morning relative to the 1/2 cent sales tax. He said they discussed the results of the recent telephone survey of 500 people (200 in the Coachella Valley) and that the highest concern was traffic congestion. He said 56% of the people surveyed were in favor of a 1/2 cent sales tax for street improvements and that the Riverside County Transportation Committee had directed a subcommittee to explore whether or not to go forward with this for .the November ballot. XIV. ORAL COMMUNICATIONS - 8 None Mayor Kelly recessed the meeting at 6:15 p.m. for dinner. He reconvened the meeting at 7:05 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. SANDY BAUM, 45-800 Deep Canyon, Palm Desert, addressed the Council relative to Fred Waring Drive between Deep Canyon and Cook Street. He said there is no room for vehicles to go around others waiting to turn left into the north gate of Hidden Palms. He also read a Letter to the Editor from Mrs. Polly Wensworth which had appeared in the June 11, 1987, Desert Sun newspaper relative to this same problem (attached hereto and made a part hereof as Exhibit "B"). Mayor Kelly stated that Mr. Folkers would look into the situation. MS. JO McCART, 47-440 Rabat, Palm Desert, addressed the Council relative to the City -owned parking which would be put in near her property at El Paseo and Prickly Pear Lane. She stated she was still opposed to any City -owned parking in that area and 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • that the property owners in that area were happy with the parking as it was. Mayor Kelly stated that staff would advise Ms. McCart when this is considered by the Council again. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENTS TO PALM DESERT BICENTENNIAL UNITED STATES CONSTITUTION COMMITTEE. Councilman Crites moved to, by Minute Motion, appoint the following people to the Palm Desert Bicentennial United States Constitution Committee: Ms. Julie Bornstein, Mr. Jack Hennessey, Ms. Kay Craig, Ms. Vonna Westfall, Mr. Paul Murphy, Ms. Isabel Lozano, Mr. Richard Payne, Mr. Richard Knowles, Ms. Jeanette Rak, Ms. Phyllis Mickeison, Ms. Phyllis Channing, Mr. Fred Thon, and Mr. Ray Ott. Motion was seconded by Snyder and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS O. • A. REQUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING & LIGHTING DISTRICT NO. 2 (LEWIS HOMES - CANYON COVE). Mr. Folkers reviewed the staff report, noting that for the previous three years no assessment had been levied for this district. He said the City had spent approximately $18,000 to date for water and $37,000 for labor in the upkeep of the area. He explained that there had been allegations that the City was not maintaining this park and although it had not been overseeded, it was mowed. He said it was basically a drainage facility, with the park feature added after It became a large development by Lewis Homes. He offered to answer any questions. Mr. Altman reviewed the history of the district, noting that a subcommittee of Councilmembers Wilson and Snyder, Mr. Diaz, Mr. Folkers, and himself had been meeting for the previous year and a half relative to this district. He said that Lewis Homes had been required to dedicate and maintain the area in return for the zoning of that property and that the assessment district was formed when the original homes went in. He added that due to the history of problems with this district, staff recommended Alternative #2 of the staff report which would dissolve the assessment district and provide no maintenance to the 12 -- MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • linear park except watering of the trees and minimal maintenance to the drainage facilities. Councilman Wilson stated that Lewis Homes wanted higher density than the zoning allowed, and this greenbelt was a condition of approval for that higher density. Councilman Snyder added that since the people in that area had indicated they did not want the assessment district, the subcommittee felt it should be allowed to return to its natural state. Mayor Kelly declared the public hearing open and invited testimony from the audience. MR. ROLFE SHELLENBERGER, 72-975 Deer Grass Drive, spoke as an owner of one of the original 69 homes in the district. He reviewed a letter written by Mr. Ray Ott which he said questioned the right of the City Council to impose any assessment district fees on the five legal bases: I) The district does not include all the territory it benefits; 2) A park type of assessment district is not authorized under the enabling act which affected establishment of this district; 3) There is no reference to an engineer's report, which is required under the enabling act; 4) There is no way for a property owner to know in advance what his relative profits will be and what his relative assessments wi 1 1 be; and 5) The City of Palm Desert prides itself on being a non -taxing city, and according to the establishment of the act which permits formation of these districts, it is not within the category of local agencies entitled to make assessments under the Landscaping and Lighting Assessment Act of 1972. He recommended that the City abandon the assessment district, declare the area a park, and follow the recommendations outlined by Mr. Ott's letter. He also said that the homeowners had been advised by Lewis Homes that the assessment would be approximately $30 per year; then they found out that it would be between $40 and $60, and in 1983 they were assessed $181. MS. KATHLEEN HAWK, 72-725 Sweetbush Lane, asked where the City had gotten funds to put in the two to three blocks of sidewalk that "went nowhere". Mr. Diaz responded that it came from the SB821 Bikeway funds and was part of the Living Desert Bikeway. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • MR. ALLEN MURDOCK, 72-715 Sweetbush Lane, stated he owned one of the first 69 homes and was opposed to having only those homes included in the assessment district. MR. MICHAEL MILLER, 72-650 Lotus Court, asked why grass and trees were planted in that area instead of desert plants. Mr. Diaz responded that it was part of the landscaping plans submitted by Lewis Homes and part of the approval for the project. Mr. Miller stated he was not opposed to paying $100 per year to keep it looking decent; however, he felt other residents should pay their fair share. He added that he was also wi l 1 ing to let it go back to its natural desert state if the Council wished to do so. MR. ALBERT BARBER, 72-750 Ambrosia, reviewed a letter and petition submitted to the City Council dated September 9, 1983, urging the Council to redesign the district to a more reasonable level. He also read a letter dated August 15, 1983 (both letters on file and of record in the City Clerk's office). MS. ILSE FLORES, 73-751 Haystack Road, stated she supported this assessment district and would be happy to pay $100 per year or more for a park and proper flood control. She added that she was not aware of this situation where only 69 homeowners were being assessed. MR. R. T. WINTERBOTTOM, 73-290 Desert Rose, stated he would be happy to pay his fair share if he had to but felt the maintenance should actually be paid by the City because it benefits everyone. MS. GOLDIE SIROTA, 73-310 Calliandra, stated she had never been asked to participate in this assessment district but did have to pay more for her home because it was facing the greenbelt. She suggested that independent contractors be given the opportunity to bid on maintenance of this area. She added that she would not be opposed to participating in the district and paying her share. MS. JANET WATERS, 72-990 Amber Drive, stated she would be willing to pay for the district and did not think it was fair that only 69 homes were being assessed. MR. EMMET RILEY, 73-410 Calliandra, stated that one of the reasons he had purchased his home was because he had been told there would be a parkway on Haystack. He also said 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • . . . • • • . . • • . • • . • • • • • • • • . • he had no objection to paying his fair share. However, he asked for clarification of the boundaries of the district. Mr. Altman responded that it went from Highway 74 to the boundary of Marrakesh and from Haystack to the wall at the back of the Lewis Homes project. MR. JAMES CLARK, 73-081 Haystack, stated he would be willing to participate in the district and felt it would be a shame to let the improvements go. Councilman Snyder stated the original idea of Lewis Homes was to build out all 218 homes. Part of the agreement was to landscape the area so that it would be more attractive. However, he felt the logical solution at this point would be to stop the assessment district so that no one has any responsibilities and then if the residents in the area want an assessment district and put together the specifics as to what they want, the City would assist. MR. KEN BOONE, 72-735 Deer Grass, stated he loved the looks of Haystack and did not agree with allowing the greenbelt to revert to its natural state. MR. ROBERT JONES, 72-995 Deer Grass, stated he did not feel this was a Council problem. He said he felt the residents should regroup and come back to the Council with an approach to keeping the area green if that is what they decide they want. MR. BOB DEXTER, 72-910 Calliandra, stated that if it was the Council's decision to abandon the district, he would prefer paying the $100 for a year along with the original 69 homeowners and coming back with a proposal to the Council the following year. MS. SUE HOWELL, 73-350 Calliandra, felt it would be criminal to let the area revert to its natural state. MR. ED NEWMEYER, 72-975 Amber, stated he was unaware of this situation when he purchased his home and did not have a problem in paying for this. Mayor Kelly declared the public hearing closed. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • IND Council Comments/Questions: Wilson: The intent of the district was that all 218 lots would pay $100 and provide $21,600 per year, which would be one-third of the cost, and the City would pay the other two-thirds. Crites: Felt the Council should abandon the district and allow the people to decide what they want to be there, what they are willing to pay, and who is willing to participate. Snyder: Agreed with Crites that the people should decide what they want, and the City will assist. Mr. Folkers stated that it would be a year before the City could abandon the district, and someone would have to maintain the area until then. Mr. Erwin advised that the Council could decide on a zero assessment for this year. However, he suggested that the Council not abandon the district because it would create major problems in establishing a new one. Wilson: Rather than abandoning the district, perhaps the Council should consider a zero assessment for this year and instruct staff to explore the possibility of expanding the district to include all 218 homes. He added that he would like to see that area maintained with grass and trees until these problems are worked out. Crites: If the City maintains it until a new assessment district is formed, can that new district be billed for the expense of the maintenance up to that time? Mr. Erwin responded that the Council could make an assessment at this time on the 69 homes to carry through the current fiscal year. However, if a zero assessment is determined at this time, the Council potentially has the option of coming back next year and either spreading the deficit over the 69 homes or 218 homes or assessing zero again. Mayor Kelly called a recess at 9:15 p.m. He reconvened the meeting at 9:20 p.m. Crites: Felt the City should abandon the district and just water the trees. Also felt it was a mistake for the homeowners not to accept the offer for the City to pay 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • two-thirds of the cost and they would pay the other one- third. Mr. Altman stated an alternative would be to maintain it until the City's two-thirds share runs out, which would be some time around February 1, 1988. At the end of that time, it would be up to the people in Canyon Cove to continue with It. Wilson: Would like to have staff provide to the Canyon Cove residents the latest costs of water and for reseeding the entire area in winter. He added that he would also like to see the plants kept alive until the people decide what they want to do. Councilman Crites moved to, by Minute Motion: 1) Place-er zero assessment on the property owners for fiscal year 1987/88; and 2) Maintain the landscaping of the district until the City's two-thirds share runs out, which would last approximately until February 1988, with the remainder to come from the Canyon Cove homeowners if they choose to present a proposal to the City. Motion was seconded by Wilson and carried by a 4-1 vote, with Councilman Snyder voting NO. B. REOUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING 8 LIGHTING DISTRICT NO. 81-3 (TRACT NOS. 12181-1 AND 12181-2 -- THE VINEYARDS). Mr. Folkers reviewed the staff report and recommendation and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was received. He declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 87-43, levying the annual assessments for this assessment district for fiscal year 1987-88. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING & LIGHTING DISTRICT NO. 4 (TRACT 8237- PARKVIEW ESTATES). Mr. Folkers reviewed the staff report and recommendation. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request, and none was received. He declared the public hearing closed. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites moved to waive further reading and adopt Resolution No. 87-44, levying the annual assessments for this assessment d istrict for fiscal year 1987-88. Motion was seconded by Wilson and carried by unanimous vote of the Council. D. REQUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING & LIGHTING DISTRICT NO. 1980-1 (PRESIDENTS PLAZA). Mr. Folkers reviewed the staff report and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request, and none was offered. He declared the public hearing closed. Councilmember Benson moved to waive further reading and adopt Resolution No. 87-45, levying the annual assessments for this assessment d istrict for fiscal year 1987-88. Motion was seconded by Wilson and carried by unanimous vote of the Council. E. REQUEST FOR APPROVAL TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPING & LIGHTING DISTRICT NO. 5 (COOK STREET/COUNTRY CLUB DRIVE MEDIAN ASSESSMENT DISTRICT). Mr. Folkers reviewed the staff report and recommended that this resolution be adopted. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered.d He declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 87-46, levying the annual assessments for this assessment d istrict for fiscal year 1987/88. Motion was seconded by Benson and carried by unanimous vote of the Council. F. REQUEST FOR APPROVAL OF A ZONE CHANGE FROM R-1 TO R-2 5,000 TO CONSTRUCT A SEVEN UNIT APARTMENT PROJECT AT THE INTERSECTION OF PORTOLA AND SAN JACINTO DIRECTLY SOUTH OF DE ANZA WAY. Mr. Diaz reviewed the staff report, noting that the Architectural Review Commission had approved this project. He added that it was staff's feeling this project was consistent with the Palma Village Specific Plan which would actually allow ten units. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • •. • • . • • • • • • • • Upon question by Crites, Mr. Diaz responded that he believed Planning Commissioner Faith Ladlow felt this property should be retained as single family residence. However, it was staff's concern that it was not really appropriate to have additional single family units on Portola Avenue because of the traffic and based on the Palma Village Specific Plan. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. CHARLES MARTIN, 40-840 Thunderbird Road, Rancho Mirage, spoke as the architect and stated that although the property could hold ten units, only seven were being requested. Mayor Kelly invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Councilman Wilson moved to waive further reading and pass Ordinance No. 506 to second reading. Motion was seconded by Crites and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D MR. JIM FOXX, 73-111 El Paseo, asked that the Council reconsider its previous action relative to Resolution No. 87-41 setting a public hearing to consider vacation of the street right-of-way on the Highway 74 frontage road. He said he had expected this item to be on the agenda for the 7:00 portion of the meeting. He offered to answer any questions the Council might have. He said the project had been approved by the Planning Commission in concept because it felt El Paseo needs to have this kind of project on it. He added that he felt the corner of Highway 74 and El Paseo would be a distinctive and attractive gateway to El Paseo if this project were built. Councilmember Benson moved to reconsider Item L of the Consent Calendar. Motion was seconded by Wilson and carried by a 4-1 vote, with Councilman Snyder voting NO. Councilman Crites stated he could not see any reason to abandon the street area for anything except perhaps some type of park. Councilmember Benson stated if a public hearing were set, she would also like to call up the project itself for Council consideration. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson moved to waive further reading and adopt Resolution No. 87-41, setting a public hearing for consideration of vacation of street right-of-way on Highway 74 frontage road and call up the project itself for Council review. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Kelly announced at 10:03 p.m. that the Redevelopment Agency meeting would be convened in order to conduct a Joint Public Hearing. ROLL CALL Present: Mayor Pro-Tem/Vice Chairman Jean M. Benson Councilman/Member Buford A. Crites Councilman/Member Walter H. Snyder Councilman/Member S. Roy Wilson Mayor/Chairman Richard S. Kelly CONSENT CALENDAR A. MINUTES OF THE MEETING OF THE REDEVELOPMENT AGENCY OF MAY 28, 1987. Rec: Approve as presented. 8. NOTICE OF COMPLETION for Monterey Avenue Storm Drain (Contract No. 00-125C). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject storm drain construction. C. NOTICE OF COMPLETION for Demolition of Well Pump House Contract #RD-183. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion on the Demolition of the Well Pump House on the Civic Center Site. Upon motion by Crites, second by Wilson, the Consent Calendar was approved as presented by unanimous vote of the City Council/Agency Board. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • * • ORAL COMMUNICATIONS None PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF COMMERCIAL CORE AREA SPECIFIC PLAN AND ASSOCIATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (Continued from the Meeting of May 14, 1987). Mr. Ortega reported that this item was continued from the May 14, 1987, meeting because the City Council/Agency Board did not wish to make a final determination until after meeting with the Project Area Committee. He said that since a meeting had not yet been scheduled, stdff was recommending that this item be continued to the meeting of July 9, 1987. Mayor/Chairman Kelly noted that this was a continued public hearing and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. Upon motion by Crites, second by Benson, and unanimous vote of the City Council/Agency Board, this item was continued to the meeting of July 9, 1987. RESOLUTIONS None CONSENT ITEMS HELD OVER None NEW BUSINESS None CONTINUED BUSINESS None OLD BUSINESS None 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XX. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None ADJOURNMENT Upon motion by Crites, second by Wilson, and unanimous vote of the Agency Board, Chairman Kelly adjourned the Redevelopment Agency meeting at 10:06 p.m. to 8:45 a.m. on Thursday, June 25, 1987, for the purpose of attending the Project Area Committee meeting. Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, Mayor Kelly adjourned to Closed Session at 10:08 p.m. pursuant to Government Code Section 54956.9(a) for the purpose of discussing pending litigation. 110 Mayor Kelly reconvened the meeting at 10:35 p.m. with no action taken =or announced. Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting to the following times on Thursday, June 25, 1987: 8:45 a.m. - Project Area Committee Meeting 1:00 p.m. - Library Study Committee Meeting 2:00 p.m. - Wallace/Roberts/Todd North Sphere Meeting ATTEST: t R1C MARY P. FRA ER, DEPUTY ' C.ITY CLERK OF THE CITY OF ALM DESERT AR b S. KF/LLY, MAYO 22 MINUTES REGULAR PALM DESERT CIT' 'OUNCIL MEETING JUNE 11, 1987 EXNOTES "An BUDGET SESSION JUNE 11, 1987 PRESENT Dick Kelly Buford Crites Roy Wilson Pat Conlon Ray Diaz Paul Gibson Walt Snyder Jean Benson Bruce Altman Frank Alien Carlos Ortega Linda Russell INTRODUCTION BY BRUCE ALTMAN OVERVIEW BY KIRBY WARNER REVENUES - General Fund ($9,134.878) EXPENDITURES BY DEPARTMENTS i RDA Add: $2800 for Trolley Delete: Local Transportation from $74,000 to 0. Review City Attorney's Contract Legal opinion needed: When right of way is given back, does city get anything? Buford Crites noted that on the right side of Highway 74, sidewalks are needed next to the Oleander hedges. This will be looked into. STAFFING City Council: 1 Clerk Typist I (Temp) Buford Crites felt that perhaps a student from the college could be hired to input records that are backed up. it was explained that when the Clerk Stenographer was hired she was to do the input of records but due to workload for the Council it has not be possible. Kirby noted that if a student is hired it would still be a Clerk Typist I position but does not have to be full time. Motion was made by Councllmember Benson to authorize funds available for a position to do computer input only until the records are up-to-date. Councllmember Wilson seconded the motion 23 MINUTES JUNE 11, 1987 REGULAR PALM DESERT CITY COUNCIL•MEETING EXHIBIT "A" and added that the position be deleted from the list. The motion carried unanimously. City Menaflers, 1 Assistant to the City Manager Bruce explained that this request •came as a recommendation from the Economic Development Committee. They felt that the workload is there for an Assistant to the City Manager position. Walt Snyder was concerned that there are too many projects but not enough staff. Jean Benson stated that maybe a Redevelopment Director was needed rather than two Assistant City Managers. Carlos gave examples of projects they are currently working on and felt they will run short In staffing for all these projects. Buford Crites was in favor of the position and stated they need to rely on Administration to do the work. Roy Wilson felt that a specialist was needed for these projects: Mayor Kelly felt there were too many positions being created and therefore was not in favor of this one. Bruce stated that there was work to be done and he is just asking for this person to help do it. Walt Snyder added that we need a competent person working for Administration, one who will assist the Economic Development -Committee. Motion was made by Councilmember Crites to authorize the position of Assistant to the City Manager. The motion was seconded by Councilmember Snyder. The motion did not pass, the vote was as follows: AYES: NOES: Buford Crites, Walt Snyder Jean Benson, Dick Kelly, Roy Wilson Code Compliance Department: 1 Zoning and License Officer II Councilmember Snyder made a motion to approve the position of Zoning and License Officer Ii. The motion was seconded by Councilmember Crites. The motion passed unanimously. Clerk Typist I (Temp) 24 MINUTES JUNE 11, 1987 REGULAR PALM DESERT CITE' 'OUNCIL'MEETING EXHIBIT "A" Motion was made by Councilmember Crites to approve the position of Clerk Typist 1 and Clerk Typist 11 (in Public Works). The motion was seconded by Coqncilmember Snyder. The motion passed unanimously. Eag1lc Works,: Street Supervisor and Park Supervisor Jean Benson was in favor of approving one position for the maintenance of the medians. Roy Wilson asked which one was needed the most. Dick replied that both positions were important but the position of Parks Supervisor was needed most if he had to choose. Buford Crites suggested that we get the best individuals possible for those expertise. Motion was made by Councilmember Snyder, seconded by Councilmember Crites, to approve the positions of Street Supervisor and Park Supervisor. Dick Kelly asked how many worked under the present maintenance supervisor. Dick Foikers replied 15 plus the temporaries. The motion passed unanimously. Planning and Community Development: Draftsman Councilmember Crites made a motion to authorize expenditures for a new drafting technician to be hired on an es needed basis. Councilmember Benson seconded the motion. Motion carried unanimously. Administration: Communication Specialist Pat Conlon explained how the Information Center Task Force Committee members ail felt that Sandy's position as Communication Specialist was definitely needed. Sandy gave a presentation on what the information center does for the City and also showed a 1-minute employee orientation slide presentation. Other programs implemented: monthly newsletter telephone directory suggestion box employee orientation slide show video tape traffic study opening ceremonies employee handbook 25 MINUTES JUNE 11, 1987 REGULAR PALM DESERT CITY COUNCIL •MEETING EXHIBIT "A" Walt Snyder agreed with the recommendation of the Information center task force. Buford Crites wanted to see a job description of the Communication Specialist position and felt that if it were made e position It should be opened to applicants that might be more qualified. Roy Wilson commended Sandy for doing her job well, but was not convinced that this position was needed. Jean Benson felt that this position might be needed in the future but Is not needed right now. She also felt that staff could carry on the programs. Dick Kelly was concerned that intern positions should stay as Intern positions and not be made permanent positions. He also felt the programs can be carried on by other employees. He was not in favor. Roy Wilson explained that perhaps the existing position could be extended for 6 months to train existing staff to continue implementing some of the programs listed above and run the video equipment. Motion was made by Councllmember Snyder to extend the Communications Coordinator for 6 months. Roy Wilson seconded the motion with the understanding that the position will no longer exist after the 6 months. The motion carried 4-1 with Mayor Kelly opposing. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1987 . . . . . . . . . . . . . . . . . . . . . . . . . EXHIBIT "B" MI 27