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HomeMy WebLinkAbout1987-05-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 28, 1987 CIVIC CENTER COUNCIL CHAMBER 1. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Mayor Pro Tem Jean M. Benson 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 V. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of May 14, 1987, Regular Meeting of May 14, 1987 (including Joint Meeting with the Redevelopment Agency), and Adjourned Meeting of May 19, 1987. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0415, WR0500, and WR0503. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Robert T. Hendler for Spring Chicken Naturally, 72-835 Highway 111, Palm Desert. Rec: Receive and refer to the Department of Community Development for processing. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Saga Corporate Food Services, Inc., for Velvet Turtle Restaurant, 74-700 Highway 111, Palm Desert. Rec: Receive and file. E. RESOLUTION NO. 87-31 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed. Rec: Waive further reading and adopt. F. RESOLUTION NO. 87-32 - A Resolution of the City Council of the City of Palm Desert, California, Declaring its Intent to Levy and Collect Assessments within Landscaping and Lighting Assessment District 81-3 in Fiscal 1987-88 (Tract Nos. 12181-1 and 12181-2 -- Lewis Homes -The Vineyards). Rec: Waive further reading and adopt. G. RESOLUTION NO. 87-33 - A Resolution of the City Council of the City of Palm Desert, California, Declaring its Intent to Levy and Collect Assessments within Landscaping and Lighting Assessment District No. 5 (Cook Street/Country Club Drive Medians). Rec: Waive further reading and adopt. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • * • * * • • • * * • • • • • • • • • • • • • • * /H. RESOLUTION NO. 87-34 - A Resolution of the City Council of the City of Palm Desert, California, Declaring its Intent to Levy and Collect Assessments within Landscaping and Lighting Assessment District No. 4 (Tract 8237 - Parkview Estates). Rec: Waive further reading and adopt. /I. RESOLUTION NO. 87-35 - A Resolution of the City Council of the City of Palm Desert, California, Declaring its Intent to Levy and Collect Assessments within Landscaping and Lighting Assessment District No. 1980-1 (Presidents Plaza). J. Rec: Waive further reading and adopt. REQUEST FOR AUTHORIZATION to Appropriate Funds for North Palm Desert Fire Station Closeout. Rec: By Minute Motion, authorize the appropriation of $11,850.00 from the Capital Projects Fire Facilities Fund to the North Palm Desert Fire Station account for the purpose of closing said account. K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Playground Equipment (Contract No. 00-212). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for playground equipment. L. REQUEST FOR__APPROVAL of Final Map for Tract 19847--2. M. Rec: Waive further reading and adopt Resolution No. 87-36 approving Tract No. 19847-2 and the bonds and agreements relating thereto. CLAIM AGAINST THE CITY jNo. _0451 by Kenneth J. and Kimberly D. Cosgrove in the Amount of $300,000 (Continued from the Meeting of May 14, 1987). Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • N. CLAIM AGAINST THE CITY (No. 046) by Gail and John Dirnberger in the Amount of $25,000 (Continued from the Meeting of May 14, 1987). Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. 0. CLAIM AGAINST THE CITY (No. 047) by Victoria Hall in the Amount of $1,000,000 (Continued from the Meeting of May I4, 1987). Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. P. REQUEST FOR CONSIDERATION of Upgrading Security System for Civic Center (Contract No. 00-213). Rec: By Minute Motion, authorize the City Manager to enter into a contract #00-213 with Sanval Security to upgrade the security system for the Civic Center. Upon motion by Snyder, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the City Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 87-37 - A Resolution of the City Council of the City of Palm Desert, California, Declaring its Intent to Levy and Collect Assessments within Landscaping and Lighting Assessment District No. 2 (Tract No. 11636-1 - Lewis Homes -Canyon Cove). Mr. Diaz reviewed the staff reports and gave a brief history of the assessment district. He noted that a suit had been filed in Small Claims Court. He recommended that Council consider the following: 1) Expand the district to include all 218 lots of the Canyon Cove development; 2) Use an assessment spread which includes homes benefitted outside the Canyon Cove development; 3) The City would pick up the assessment for those homes outside the 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 . . . . . . . . . . . . . . . . . . . . . . . . * development as the City's share; 4) The homeowners in Canyon Cove then pay the assessments identified; and 5) If there is a majority protest, the district would be abandoned, the maintenance would be cut back, irrigation would be provided for trees only, and the remainder of the area would be allowed to return to its natural state. Mr. Diaz added that at this time, Council was being asked to adopt a resolution which would set a public hearing for June 11 and that staff felt the above was the way the public hearing should be addressed. Mayor Kelly noted that this was not a public hearing but that there were several people who wished to speak at this time. MS. BARBARA TAUBAS, 72-910 Deergrass Drive, Palm Desgrt, stated she was a homeowner in the original tract of 68 Lewis Homes. She read a letter which had been sent to homeowners by the Mayor dated December 19, 1986, and her response which she said was dated January, 1987. She added that she felt the City had not just cut back on the maintenance, it had cut the maintenance out completely, and this was creating a worse situation. She asked why the area from Portola to Heliotrope had been paved. Mr. Altman responded that this was a bike path that was built by State grant funds and that no one had been assessed for it. MR. ALBERT BARBER, 72-750 Ambrosia, stated this district did not include all the territory that benefited from the facility. He said that only 64 homes along Haystack were being assessed, which was only one-third of the homes receiving direct benefit. MR. ROLFE SHELLENBERGER, 72-975 Deergrass Drive, Vice President of Canyon Cove Homeowners Association, reiterated points made by the other speakers and suggested an approach he felt was reasonable: 1) Abandon the current assessment district because he felt it was flawed; and 2) Establish a new assessment district, whether it be city-wide or on the basis of benefit alone. He added that the association was not unwilling to support a maintenance 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • • • • • • • • it • • • • • • district but that the homeowners felt the cost should be shared by everyone. Councilman Crites stated that he would Like to review the files to see what the intent of the Council was when this district was formed. Mr. Diaz responded that he would turn those files over to the City Clerk's office for the Council to review. Mayor Kelly reminded everyone that they would have an opportunity to speak during the public hearing on June 11, 1987. Upon motion by Crites, second by Benson, Resolution No. 87-37, setting the public hearing, was adopted by unanimous vote of the Council. VIII. ORDINANCES For Introduction: None For Adoption: s A. ORDINANCE NO. 505 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM R-2 S.P. TO OFFICE PROFESSIONAL (O.P.) FOR PROPERTY LOCATED ON THE WEST SIDE OF MONTEREY NORTH OF ARBOLEDA DRIVE - CASE N0. C/Z 87-1. Mr. Altman reported that no further input had been received since first reading of this ordinance. Upon question by Councilman Snyder, Mr. Erwin responded that if the Council wished to change the zone to O.P. S.P. (Scenic Preservation) at this time, he would prefer that a it go through the public hearing process. Councilman Snyder stated that he felt if the zoning in a particular area already included the S.P. overlay designation, it should be retained when the zoning was changed. Council concurred. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Upon motion by Crites, second by Snyder, Ordinance No. 505 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REQUEST FOR RECONSIDERATION OF DRIVEWAY ACCESS ONTO HOVLEY LANE FOR FREEMAN BUILDING #2 LOCATED AT THE SOUTHWEST CORNER OF HOVLEY LANE AND ECLECTIC WAY. Mr. Diaz reviewed the staff report dated May 28, 1987, noting that staff felt the matter should be referred by the Council back to Planning Commission since the Council officially denied the access in 1986. Councilman Snyder moved to, by Minute Motion, conclude that new conditions warrant an additional public hearing before the Planning Commission concerning the driveway access. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. INFORMATIONAL ITEMS: I. SCAG/RCTC/CVAG Transportation Study. Mr. Folkers reviewed the staff report dated May 28th. Mayor Kelly stated his understanding was that each city was asked to review the study and note any problems. These notations would then become part of the final report. Mr. Folkers stated that he would sit down with Mr. Altman and Mr. Diaz and prepare a report noting the City's concerns. Mayor Kelly suggested that at least two Councilmember also participate in the preparation of this report. With concurrence of the Council, Mayor Kelly and Councilman Wilson were selected to meet with Mr. Altman, Mr. Folkers, and Mr. Diaz to prepare a report to SCAG outlining the City's concerns with the Transportation Study. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Altman reported that the Council would be receiving copies of the proposed budget for Fiscal Year 1987/88 on May 29, 1987. He asked that a Study Session be scheduled to review it. Council concurred that it would adjourn this meeting to 1:00 p.m. on Thursday, June 11, 1987, to discuss the proposed budget prior to the Council meeting. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. Councilman Crites reported that the City Clerk's office had submitted names of people who had expressed interest in serving on a Constitutional Bicentennial Committee. He suggested that one of these individuals, Ms. Julie Bornstein, be appointed by the City Council as Acting Chairman to get this Committee off the ground. Mr. Erwin stated he felt this item should be listed on a regular City Council agenda if the Council wished to make this appointment. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • The Council concurred that this matter should be scheduled for the June 11, 1987, City Council agenda. 2. Mayor Kelly reported he had attended a RAN Board meeting that morning relative to the CAL ID program for fingerprinting lawbreakers. He said the program was running well and that the only problem was the District Attorney's concern with the processing of all the fingerprints. XIV. ORAL COMMUNICATIONS - 8 MR. VIC VILLENEUVE, 43-3498 Martini Court, Palm Desert, addressed Council relative to fill dirt which was piled_on the other side of the San Pascual Channel on the Civic Center Master Plan site. He said with the strong winds in the fast several days, a lot of dirt was being blown around and into his pool, and he questioned the purpose of this fill dirt and the City's intentions relative to mitigating dust control. He added that several of his neighbors had indicated they had already brought this matter to the attention of City staff. Councilman Wilson moved to refer this matter to staff for a report at the next Council meeting. Motion was seconded by Snyder. Upon question by Mayor Kelly, Mr. Erwin advised the Council that it could not technically take this action or discuss the matter with Mr. Villeneuve without putting the item on an agenda. Councilman Wilson withdrew his motion, and Snyder withdrew his second. Councilman Wilson suggested that this item be placed on the next City Council agenda. Council concurred. Councilman Crites moved to adjourn to Closed Session at 4:55 p.m., pursuant to Government Code Section 54956.9(a), for the purpose of discussing pending litigation. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 5:10 p.m. and immediately adjourned for dinner with no action taken or announced. He reconvened the meeting at 7:00 p.m. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • . • • • • • • • • • • • • • XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT OF MR. MILFORD TOWNE TO THE CITY'S CIVIC ARTS COMMITTEE. Councilman Crites moved to, by Minute Motion, appoint Mr. Milford Towne to the Civic Arts Committee to fill the unexpired term of Velma Dawson, who resigned. Motion was seconded by Benson and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF LIEN ABATEMENT ON PARCEL 627-101-004-7. Mr. Frank Allen, Code Compliance Director, reviewed the staff report dated April 22, 1987, noting that this was for property located at 73-567 Fred Waring Drive, across from the Civic Center. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this lien abatement. None was offered. He declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 87-38, confirming assessments on property owners in the City for abatement of weeds and other nuisances. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL of Final Map for Tract 22547-R, Reversion to Acreage. Mr. Folkers reviewed the staff report, noting that the applicant had expressed concern relative to the City's retention of fees as outlined in the report. He added that this reversion to acreage would have to affect on the right of way along Cook Street. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly declared the public hearing open and invited testimony in FAVOR of this request. MR. EDWARD ETHELL, 336 Red River, Palm Desert, spoke as President of The Lakes Country Club Homeowners Association. He stated he had submitted a letter to the City (on file and of record in the City Clerk's Office) indicating no opposition to approval of a reversion to acreage of this tract so long as it reverts to its approved zoning of PR-5, S.P. and serving notice that any change of zone on this property to other than PR-5 would be protested by his association. MR. CHUCK STROTHER, 41-555 Cook Street, spoke as one of the applicants and stated he supported this reversion to acreage. MR. MICHAEL ZAPARA, 73-700 Highway 111, Suite 9, Palm Desert, spoke as the Mr. Strother's partner and stated he was also in favor of this reversion. However, he questioned the City's retention of almost $10,000 for administrative costs. He said that he was not opposed to paying some costs but felt $10,000 was unreasonably high. Mr. Folkers responded that staff had researched this matter and found that per the Uniform Building Code and the Subdivision Tract Map Act, there were allowances for retention of funds because of staff time spent by various departments to process this project. Mayor Kelly invited testimony in OPPOSITION to this request. MR. PHILLIP FEDERGREEN, 138 Running Spring Drive, Palm Desert, stated he had a copy of an application submitted to the City by Mr. Strother requesting a change of zone to O.P. PR-9 in lieu of the existing PR-5 zoning. He said homeowners at The Lakes were opposed to this zone change. and he submitted a petition signed by 179 residents as well as several letters of opposition (on file and of record in the City Clerk's Office). MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Council Comments/Questions: Benson: What will the zoning be for this -property after it is reverted to acreage? Mr. Diaz responded that the zoning stays with the property and would stay at PR-5. Wilson: Felt staff should prepare an itemization of administrative costs to the City rather than taking an arbitrary 10%. Benson: Agreed with Wilson and did not think $10,000 was the correct amount to be paid. Kelly: It is common practice to have administrative overhead costs and stated he felt comfortable with this figure. Crites: No one is opposed to the reversion of the land to acreage. Agreed that the applicant should pay actual costs, not just an arbitrary figure. How much is the City actually required to refund? Does the City have to refund any amount at all? Mr. Erwin responded that the amount to be refunded on reversions to acreage were discretionary decisions on the - part of the City, including the decision not to refund any monies at all, if that was the Council's desire. Mr. Zapara stated that he would be willing to split the costs with the City and that he felt $5,000 was a more reasonable amount for him to pay than the full $10,000. Snyder: Would not l i ke to see the Council get into a debate relative to fees. Would rather have staff prepare a report relative to these fees for Council's review inasmuch as he felt this might become Council's policy from this time on. Stated he did not see any justification for reverting the land at this time and felt the only reason the applicant was requesting said reversion at this time was so that he could get his money returned to him. Mr. Zapara responded that he had approximately $660,000 worth of bonds for this property which would not be 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 28, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • developed as planned because he could not obtain financing. He said the reversion to acreage would allow him to get his money back from the bonds. Crites: How many times in the past has this type of situation come up where the developer could not obtain financing and the City refunded the monies? Mr. Erwin responded that most times when the City has refunded monies, it has been in the building permit process. He said this was a situation where the applicant was asking the Council to allow the property to go back to the way it was before the developer presented his plans and before the tract map was approved and fees paid. Allowing this would remove from the developer the responsibility to do public improvements and would release him from the bonds. Councilman Crites asked if this reversion to acreage could be approved, with the amount of the refund to be determined after Council reviews the report to be prepared by staff. Mr. Erwin responded that Council could impose such conditions as it feels reasonable. Mr. Folkers stated that staff would prefer that this item be continued until staff could review the entire matter. Councilman Crites moved to, by Minute Motion, continue this matter to the meeting of June 25, 1987. Motion was seconded by Benson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D MR. SANDY BAUM, 45-800 Deep Canyon, Palm Desert, addressed the Council and stated that although people in the audience could now hear the Councilmembers, there was still a problem hearing whenever staff members spoke. He suggested having staff use microphones. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 7:33 p.m. to 1:00 p.m. on Thursday, June 11, 1987, for the purpose of reviewing the preliminary budget for Fiscal Year 1987/88. Motion was seconded by Wilson.and carried by unanimous vote of the Council. ATTEST: MARY P. A IER, DEPUTY CI CLERK CITY OF PA DESERT, CALIFORNIA 14 RICH D 5. KELLY, MAYOR