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HomeMy WebLinkAbout1987-11-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1987 CIVIC CENTER COUNCIL CHAMBER . . . * . . . . * . I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. 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 Doug Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk Richard J. Folkers, Director of Public Works Ramon A. Diaz, Director of Community Services Kirby J. Warner, Director of General Services V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of September 24, 1987. October 8. 1987 (continued from the meeting of October 22. 1987) and October 22. 1987. Rec: Approve as presented. 8. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0917. WR1003. WR1006, WR1009. and WR1012. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • s • • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert Properties for Embassy Suites Conference Center & Resort, 74-700 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albert D. and Emma T. Vargas for El Jacal, 74-155 El Paseo, Palm Desert. Rec: Refer to the Department of Community Services for processing of a Conditional Use Permit. E. APPLICATION FOR ALCOHOLIC BEVERAGE.LICENSE by Noise Louis Scotto for Scotto's Pizza, 72-842 Highway 111, #347, Palm Desert. Rec: Refer to the Department of Community Services for processing of a Conditional Use Permit. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stanley E. Rose for Stanley B's, 73-101 Highway 111, Palm Desert. Rec: Refer to the Department of Community Services for processing of a Conditional Use Permit. G. LETTER OF REQUEST from Palm Desert Greens Association for Repairs Relative to the Frank Sinatra Street Improvements Adjacent to Palm Desert Greens. Rec: Refer to staff for report and recommendation. H. CLAIM NO. 055 AGAINST THE CITY by General Telephone in the Amount of $1,681.86. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to advise the Claimant that the matter has been referred to the contractor, Colich Construction Co. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • I. REQUEST FOR APPROPRIATION for Equipment Rental. Rec: J. REQUEST Cooperat Agreement Rec: K. REQUEST By Minute Motion, authorize the transfer of $50,000 from the Public Works Street Resurfacing Account (110-4311-3320) to the Public Works Rental of Construction Equipment (110-4310- 3430). FOR APPROVAL OF AGREEMENT NO. 00-256, a ive Agreement and Escrow Account Financing with CalTrans for the FAU Highway 111 Widening. By Minute Motion: 1) Authorize the Mayor to enter into and execute the Cooperative Agreement with CalTrans, District 08, for the implementation of the subject project; and 2) Authorize the Mayor to enter into and execute the Escrow Security Agreement with CalTrans, District 08, for the financing arrangements for the subject project. FOR APPROVAL of an Amendment to the Disadvantage Business Enterprise (DBE) Program. Rec: Waive further reading and adopt Resolution No. 87-96, amending the Program. L. REQUEST FOR APPROVAL of Final Map for Tract No. 22283-1, Lowell Wooden and Robert Smith, Applicants. Rec: Waive further reading and adopt Resolution No. 87-97, approving Tract No. 22283-1 and the bonds and agreements relating thereto. M. REQUEST FOR APPROVAL of Final Map for Tract No. 22111. Blrtcher Mesa View and Michael Smith. Applicant. Rec: Waive further reading and adopt Resolution No. 87-98. approving Tract No. 22111 and the bonds and agreements relating thereto. 3 MINUTES • REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • N. REQUEST FOR APPROVAL of Proposal/Agreement No. 00-257 for Loss Control Services with M 8 M Protection Consultants. Rec: By Minute Motion: 1) Accept the proposal for services from M 8 M Protection Services in an amount not to exceed $4.000; and 2) appropriate $4,000 from the Unobligated General Fund balance for these services. 0. REOUEST FOR APPROPRIATION OF FUNDS for the Relocation of Facilities on Fred Waring Drive and San Pablo Avenue. Rec: By Minute Motion, authorize the appropriation of $68,214.65 from the Unallocated Street Fund to Contract No. (1052) for relocation of facilities on Fred Waring Drive and San Pablo Avenue by Southern California Edison in 1985. P. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-136-1, North Sphere Special Studies. Rec: By Minute Motion, approve Change Order No. 1 and appropriate $3,850. Q. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of Traffic Signal at Fred Waring Drive and Town Center Way (Contract No. 00-258, Project No. 554-87). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of a traffic signal at Fred Waring Drive and Town Center Way. R. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT WITH COUNTY OF RIVERSIDE FOR PROJECT AREA N0. 2. Rec: By Minute Motion, approve Agreement No. 00-259 and authorize the Mayor to execute same. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • S. RESOLUTION N0. 87-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 87-57 BY CHANGING THE SALARY SCHEDULE FOR TEMPORARY MAINTENEANCE AIDES. Rec: Waive further reading and adopt. Councilmember Benson asked that Item M be removed for separate discussion under the Consent Items Held Over section of the Agenda. Upon motion by Crites, second by Snyder, and unanimous vote of the Council, the Consent Calendar, with the exception of Item M, was approved as presented. NOTE: Item R was reconsidered by the Council. Please see the Reports and Remarks section of the Agenda for Council action. VI. ORAL COMMUNICATIONS - A MR. CURT DUNHAM, Birtcher-Dunham, asked whether Item M was going to be discussed by the Council at this meeting. Mrs. Gilligan stated that it would be discussed under the Consent Items Held Over section of the Agenda. Mayor Kelly advised Mr. Dunham that he would be allowed to speak on the item at that time if he so wished. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 519 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE PARKING OF TRUCKS AND RECREATIONAL VEHICLES. Mr. Altman stated that, since introduction of this ordinance, the Planning Commission had discussed a related ordinance and that there were several issues which needed 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • to be discussed by the Council prior to adoption of this ordinance. Mr. Diaz reported that issues raised were: 1) The ordinance would require recreational vehicles (RV's) to be parked in rear yards. and there were people who could not meet this requirement; 2) There would be a problem with owners parking their RV's on their lots for loading, unloading, etc.; 3) There was a question of where the complaints were coming from --were there some sections of the City where this was a problem and other areas where it was not? He said that it was suggested at the end of the meeting that perhaps a committee could be put together to look at these issues as well as some legal issues being raised by the Good Samaritan organization. He asked that adoption of this ordinance be continued until the issues could be reviewed. Councilman Crites stated that people living on the north side of the City were the ones with problems in parking their RV's in their yards due to lack of space, etc. He said the ordinance also would not even allow visitors the ability to park their RV's overnight, and he felt this would not reflect the Council's intent. He complimented Mr. Allen for putting the ordinance together but felt some provision should be made whereby permits could be issued to allow people to park the RV's for loading and unloading, visiting, etc. Councilmember Benson stated that a resident of the Vineyards had protested this ordinance at KaffeeKlatsch because he did not have a back yard. She said that when he also protested the fact that the Palm Desert Property Owners' Association could regulate vehicles on the north side of the City when north side residents were not even members of that association. she had explained that the Property Owners' Association was only supporting the ordinance. Councilman Crites suggested encouraging the building of facilities for the containment of RV's somewhere in the North Sphere area, especially since Palm Desert seems to be conducive to these types of vehicles. Councilman Crites moved to continue this item until staff has a chance to look into the ideas and philosophies of the Planning Commission and Recreational Vehicle Subcommittee. Motion died for lackof a second. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder stated that he was a member of the Recreational Vehicle Subcommittee, which felt that this ordinance should be on the books to "start the ball rolling", while realizing that it would not solve all of the problems with RV's. Mayor Kelly stated that if the City was not going to have an ordinance to prevent people from parking RV's in their yards or on the streets, there may as well be RV's parked all over the community, which would deteriorate property values for everyone. He said the Committee had worked on this for a long time, and he felt this solution was the only one that could be reached, with the exception of some provision to allow parking for loading and unloading. Councilman Snyder moved to continue this item to the meeting of December 10, 1987, to allow staff time to amend the ordinance to provide the ability for RV owners to obtain permits from the City for guest Parking, loading, unloading, and cleaning of the RV's. Motion was seconded by Crites and carried by unanimous vote of the Council. B. ORDINANCE NO. 514 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 27, GRADING, OF THE PALM DESERT MUNICIPAL CODE (Continued from the meeting of October 22, 1987). Mr. Altman stated there was a memo in the packets from the Director of Public Works outlining staff's position and recommending adoption of the ordinance. Councilmember Benson suggested that Section 27.28.150 be amended to read "If a satisfactory agreement cannot be reached and signed between the lot developer, property owners, and adjacent neighbors, the decision is automatically placed on the next City Council agenda for review." She said she felt this approach would be better than forming another City committee. Upon question by Wilson, Mr. Phillips stated he felt this amendment was a minor one which kept the same intent of the Council, and the ordinance would, therefore, not require another reading. Councilman Crites moved to waive further reading and adopt Ordinance No. 514, amended as stated by Councilmember Benson. Motion was seconded by Wilson and carried by unanimous vote of the Council. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • a • • • • • • • • • • • • • • • • • • • • • • C. ORDINANCE NO. 520 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF ZONE FROM HILLSIDE PLANNED RESIDENTIAL (HPR) TO GENERAL COMMERCIAL FOR THAT APPROXIMATELY 7,000 SQ. FT. PORTION OF APN 640-02-003 DIRECTLY ADJACENT TO THE WEST SIDE OF HIGHWAY 111, EAST OF THE TOE OF SLOPE AND WEST OF THE PARKVIEW DRIVE/HIGHWAY 111 INTERSECTION. CASE NO: C/Z 87-10. Mr. Altman stated that this had been introduced at the last meeting and recommended its adoption. Upon motion by Wilson, second by Benson, Ordinance No. 520 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of Final Map for Tract No. 22111, Birtcher Mesa View and Michael Smith, Applicant. Councilmember Benson stated she had asked for this item to be removed from the Consent Calendar because she wanted to be sure that Mesa View Drive would be widened as part of this project. MR. CURT DUNHAM, Developer, stated that the road would be widened. In addition, the road would also have a center divider, with landscaping past the Fire Station down to Portola Avenue. Councilmember Benson moved to waive further reading and adopt Resolution No. 87-98, approving Tract No. 22111 and the bonds and agreements relating thereto. Motion was seconded by Wilson and carried by unanimous vote of the Council. X. NEW BUSINESS A. CONSIDERATION OF A REQUEST BY LOCAL HOTEL AND BUSINESS ASSOCIATIONS FOR CITY PARTICIPATION IN THE PALM DESERT TROLLEY. MR. JAMES DINGMAN, owner of The Inn at Deep Canyon, 74-470 Abronia Trail, addressed the Council and stated that the ultimate goal of the Palm Desert Trolley was to provide transportation in the desert for visitors. He reviewed 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • the Sun Trolley proposal, noting that the route would be confined to the City of Palm Desert and would run from the Marriott, down Cook Street to El Paseo, then to the Palm Desert Town Center, and back to the Marriott, with an approximate one hour route time. He said private commitments totalled $11,000, and the City's participation of $10,000 maximum would bring the total to about half of what was needed to continue the program. He added that the City's money would not be used unless the program runs into difficulties. Councilman Wilson asked whether the cities of Indian Wells and Rancho Mirage also participate in this program. Mayor Kelly responded that the plan down the road was to include all of the cities in the cove communities as well as to provide transportation to the airport. He said there were commitments received from both the Marriott and the Palm Desert Town Center to participate with two memberships, which were $10,000 commitments up front. Councilman Crites suggested that the proposal be changed to indicate that a representative of the Mayor would serve on the Trolley Committee. Councilmember Benson moved to approve the proposal and the City's commitment of $10,000 for the 1987/88 trolley program with the change suggested by Councilman Crites. Motion was seconded by Crites and carried by unanimous vote of the Council. B. CONSIDERATION OF A REQUEST BY THE EL PASEO IMPROVEMENT AREA BOARD FOR EXPANSION OF ITS BOARD FROM SEVEN TO ELEVEN MEMBERS. Mr. Altman stated there was a memo in the packets from Mr. Ortega recommending approval of this request. Upon question by Councilman Crites as to why this was being requested, Mr. Ortega responded that the Board felt it needed more participation at its meetings. Counciimember Benson stated she felt this would not be too large a board inasmuch as there were so many businesses on El Paseo. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson moved to waive further reading and pass Ordinance No. 521 to second reading. amending Section 3.40.070 of the Palm Desert Municipal Code to expand the Board. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. INFORMATIONAL ITEMS: 1. Refuse Container Trial Program in the City. Mr. Altman stated this matter was put on the Agenda to see if the Council had any questions relative to the program. Upon question by Wilson, Mr. Ortega responded that each household would be given one container, but additional containers would be available If one was not sufficient. Upon question by Snyder, Mr. Ortega stated that people who are paying extra for back yard service would still be able to receive same. Councilmember Benson stated she felt it was a good program. 2. Poi icy for Acceptance of Palm Trees, Plants, Boulders, Etc. 3. Request for Review of Sidewalk Need at Goleta Avenue and Deep Canyon Road. 4. Public Utilities Commission Decision Regarding Contributions in Aid of Construction. No Council action was necessary or taken on Items 2, 3, and 4. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. CONSIDERATION OF A REQUEST BY PALMER-CABLEVISION FOR APPOINTMENT OF TWO MEMBERS OF THE COMMUNITY TO PARTICIPATE ON AN ADVISORY COMMITTEE. Mayor Kelly stated that Councilman Wilson had suggested that the chairman of the Citizens Task Force to study 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • cable television in Palm Desert should serve as a member of this advisory committee; however, that task force was not yet formed, and no chairman had been selected. Councilman Wilson stated he had collected a number of names and asked either that the Mayor appoint the task force or have the Councilmember submit names for consideration. Councilman Crites moved to, by Minute Motion, direct that the Mayor and Councilman Wilson: 1) Compile a list of individuals to be considered by the Council for membership on the Citizens Task Force; and 2) Suggest the names of two individuals to serve on the Palmer Cablevision Community Advisory Committee. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. INVITATION BY PALMER CABLEVISION FOR A MEMBER OF THE CITY COUNCIL TO ATTEND A PREVIEW OF ITS 1988 TECHNICAL OPERATIONAL ENHANCEMENT PLANS. Councilman Wilson moved to appoint Councilmember Benson to represent the City at this function. Motion was seconded by Crites and carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega requested that Item R on the Consent Calendar be reconsidered inasmuch as he had just received some communication from the County of Riverside. Councilman Wilson moved to reconsider Item R on the Consent Calendar. Motion was seconded by Crites and carried by unanimous vote of the Council. Mr. Ortega asked that the item be continued to the meeting of December loth. Councilman Wilson moved to continue Item R to the Council meeting of December 10th. Motion was seconded by Crites and carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Phillips reminded the Council that it needed to adjourn to Closed Session pursuant to Government Code Section 54956.8 real property transactions, 54956.9(a) pending litigation, and 54956.9(b) potential litigation. 11 MINUTES. REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • a • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Councilman Crites: 1. Traffic issues at the corner of Monterey Avenue and Frank Sinatra Drive. Councilman Crites stated this corner was a major problem and asked staff to advise what the City could do to help people get through the intersection -safely. He suggested that the City Council's concern be expressed to the agencies having jurisdiction in this area. Mr. Folkers stated thata traffic signal was being designed but that it would take time for it to be installed. Councilman Wilson expressed concern with putting in a traffic signal instead of exploring some alternative way to control the traffic. Mr. Folkers responded that this was not in our jurisdiction, and the City of Palm Desert was strictly in an advisory role. He said he would express Council's concerns. 2. Yard Lighting - Mercury Vapor. Councilman Crites stated that he had been contacted by residents who were concerned with home security and wanted to install mercury vapor lights on dawn to dusk dimmers. He asked that staff look into this matter. Mayor Kelly expressed concern that citizens were being advised that they could not put in these lights when the College of the Desert was allowed to have the big lights for the driving range. Councilman Wilson stated that he would hate to see the City charge ahead ,with something like this without first finding out how members of the community feel. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites suggested putting this issue in the next newsletter and asking people for their opinions. Council concurred. 3. Tree Ordinance. Councilman Crites stated that he would like to have staff look into preparing an ordinance to protect trees of major stature in the City from being destroyed when development takes place. He said, for example, that a beautiful large oak tree was destroyed when the Iron Gate restaurant changed ownership. Council concurred. 4. Councilman Crites stated that he had noticed poles along the Palm Valley Channel and that the Coachella Valley Water District was going to be putting in chain link fencing along that area. He thanked both Mr. Ortega and Mr. Folkers for working with the Coachella Valley Water District and getting it changed to another type of fencing which would not be so offensive to the City. 5. Councilman Crites stated that several months previously. the Council had passed a resolution approving a vacation of the cul-de-sac at Highway 74 and El Paseo for the Fred Fern project. He said there was now a difference of opinion as to what was obligated in terms of public art. He asked staff to go back and research the matter to see if the developer was responsible for paying a fee or to purchase a piece of artwork. Mrs. Gilligan added that the developer had called and again asked to be placed on the next Civic Arts Committee agenda to discuss this requirement. 6. Councilman Wilson asked that staff look into how many bingo permits had been issued in the City and stated that he only remembered the Council approving a few. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • X1V. o City Council Committee Reports: None ORAL COMMUNICATIONS - B None Councilman Wilson moved to adjourn to Closed Session at 5:22 p.m. pursuant to Government Code Sections 54956.8, real property transactions; 54956.9(a), pending litigation; and 54956.9(b), potential litigation. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 6:14 p.m. and immediately recessed for dinner, with no action announced. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MS. MARY JANE OUTCAULT, 73-200 Tumbleweed, Palm Desert, addressed the Council and announced that the La Quanta Arts Foundation Fair at La Quinta would be held on November 15th from 10:00 a.m. to dusk at the La Quinta Community Park. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. REORGANIZATION OF THE CITY COUNCIL 1. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE: Mayor Kelly declared the Offices of Mayor and Mayor Pro- Tempore vacant and asked the City Clerk to conduct the selection of said officers. Mrs. Gilligan declared the nominations open for the Office of Mayor. Councilman Wilson stated that fourteen years earlier the voters elected the first woman to the Palm Desert City Council and that he now felt it was time to elect that individual to be the first woman Mayor. He nominated Councilmember Benson for the Office of Mayor. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • a * • • • • • • • • • • • * • • • • • • Councilman Snyder moved that a unanimous ballot be cast for Councilmember Benson. Motion was seconded by Crites and carried by a 4- 0-1 vote, with Benson ABSTAINING. Mrs. Gilligan declared the nominations open for the Office of Mayor Pro-Tempore. Councilman Crites stated that it was his pleasure to nominate for this office a person who had been his colleague and mentor for over a decade, and he nominated Councilman Wilson for the Office of Mayor Pro-Tempore. Councilman Kelly moved that a unanimous ballot be cast for Councilmember Wilson. Motion was seconded by Snyder and carried by a 4- 0-1 vote, with Wilson ABSTAINING. 2. COMMENTS BY NEWLY SELECTED MAYOR AND MAYOR PRO-TEMPORE. Mayor Benson stated she was honored with the appointment and proud to be the first woman Mayor. She said that it had been very easy for her to be a part of the shaping of the community since her arrival in 1969. She said, like the previous Palm Desert mayors, she was willing to do anything she could for Palm Desert to keep it the envy of all the desert cities and that, with help from above, she would do her best because her heart truly belongs to Palm Desert. Mayor Pro-Tem Wilson stated that it would be an honor for him to be able to serve with Mayor Bergson. He said this was the first time he had had the opportunity to serve as Mayor Pro-Tempore and that he looked forward to the challenge. 3. COMMENTS BY OUTGOING MAYOR. Councilman Kelly expressed his appreciation to the citizens of Palm Desert and City Staff for the help given him throughout the two years he served the City as Mayor. He said he was confident the present City Council would continue to work towards the quality of life everyone has come to expect in Palm Desert. He added that he had three more years to serve on the Council and assured everyone that he would continue to work just as hard as he had in the past. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Benson stated that it had been a pleasure for the Council to work with him as Mayor. Mayor Benson called a recess at 7:14 p.m. She reconvened the meeting at 7:25 p.m. B. CONSIDERATION OF APPOINTMENTS to Civic Arts Committee to Fill Vacancies Created by Resignations of the Following Members: Jane Leung (9/87); Michael Grossman (9/88); and Barry White (9/90) (Continued from Meeting of August 27, 1987). Councilman Crites moved to appoint the following individuals to the Civic Arts Committee: 1) Mr. Richard Johns to fill the vacancy created by the resignation of Jane Leung, said term to expire in September, 1991; 2) Mr. Frederick Thon to fill the vacancy created by the resignation of Michael Grossman, said term to expire in September, 1988; 3) Ms. Alexis Larson to fill the vacancy created by the resignation of Barry White, said term to expire in September, 1990; and 4) Ms. Diane Funk and Mr. Robert Spiegel to fill the two new positions created when the Council adopted Resolution 87-95, increasing the membership on the Civic Arts Committee from 11 to 13. Motion was seconded by Crites and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL of Final Map for Tract 21602, Reversion to Acreage - Richard Grover/John Martinez, Applicants. (Continued from the Meeting of October 22, 1987, Consent Calendar, to be conducted as a public hearing.) Mr. Folkers reviewed the staff report, noting that this final map represented the last step in the development process for the site. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. She declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 87-93, approving the Final Map. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilman Snyder voting NO. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. CONSIDERATION OF A REQUEST FOR VACATION OF STREET RIGHT- OF-WAY ON EDGEHILL DRIVE/GREEN WAY. Mr. Folkers reviewed the staff report dated October 22, 1987, and offered to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. LOWELL WOODEN, 219 Seville, Palm Desert, stated that he was the developer and was available to answer any questions the Council might have. Mayor Benson declared the public hearing closed. Councilman Kelly moved to waive further reading and adopt Resolution No. 87-100, vacating the right-of-way as shown in its Exhibits A and B. Motion was seconded by Crites and carried by unanimous vote of the Council. C. CONSIDERATION OF AN AMENDMENT TO PP 86-43 AND DA 86-7 DELETING 33 APARTMENTS FROM THE ORIGINALLY APPROVED 276 UNIT SENIOR HOUSING PROJECT AND ADDING 66 ASSISTED LIVING AND SKILLED NURSING UNITS; AMENDED PROJECT WILL THEREFORE INCLUDE 243 SENIOR CITIZEN APARTMENTS AND 66 ASSISTED LIVING/SKILLED NURSING ROOMS LOCATED ON 23 ACRES ON THE NORTH SIDE OF FRED WARING DRIVE, 1400 FEET EAST OF COOK STREET. (Dale 8 Pamela Smallwood, Applicants) Mr. Phil Drell, Associate Planner, reviewed the staff report and site plan, noting that staff felt the amended project was consistent with the original approval of October 23, 1986. He recommended approval of the project. Mayor Benson declared the public hearing open and invited testimony in FAVOR of this request. MRS. PAMELA SMALLWOOD, 71-111 La Paz, Rancho Mirage, spoke as the applicant and offered to answer any questions. Mayor Benson invited testimony in OPPOSITION to the request. and none was offered. She declared the public hearing closed. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 87-101, approving PP/CUP 86-43 amendment; and 2) Waive further reading and pass Ordinance No. 522 to second reading, amending DA 86-7. Motion was seconded by Kelly and carried by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PREANNEXATION ZONING OF APPROXIMATELY 119 ACRES DIRECTLY ADJACENT TO THE CITY OF PALM DESERT'S EASTERN BOUNDARY, WEST OF COOK STREET BETWEEN THE WHITEWATER STORM CHANNEL AND 42ND AVENUE. Mr. Diaz reviewed the staff report, noting that a petition had been submitted to the City by 21% of the registered voters in this area. He said staff's recommendation was that the Council pass Ordinance No. 523 to second reading, approving the change of zone. and adopt Resolution No. 87- 102, making application to LAFCO for Annexation No. 22. Councilman Wilson asked how much of the land east of Cook Street was in the County. Mr. Diaz responded that it was in the City of Indian Wells' sphere of influence and that everything south of Avenue 42 was Indian Wells, while everything north was Palm Desert. Mr. Drell stated that land directly across Cook Street was in the City of Palm Desert's sphere of influence and that most of it was the Coachella Valley Water District sewage treatment plant. He added that there was a line of industrial property on Cook Street which was in the County. Mayor Benson declared the public hearing open and invited testimony in OPPOSITION to this request. MS. NANCY VAN COOK, 74-873 Merle Drive, submitted a petition signed by property owners in Country Club Village Estates in opposition to the proposed annexation (on file and of record in the City Clerk's Office). She said they felt the annexation would result in undue hardship by the imposition of superfluous fire and police fees, assessment for sewer hookup, and higher taxes. MR. BILL ALEXANDER, 555 W. Baristo Road, #7, Palm Springs, submitted four letters of opposition from property owners in the Valley Industrial Park (on file and of record in the City Clerk's Office). He said that although the City 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • of Palm Desert had high standards for building, he felt they were not unreasonable. However, buildings in this park were constructed under County of Riverside standards. He said they were concerned with the following: Parking --would the City allow the angled parking to remain? - Trucks parking in the middle of the street --could the City help in this regard? - Will buildings have to be restructured to conform to City standards? What are the City fees and taxes? County has none to move in. - Police patrol very inadequate under the County --will it be better under the City? - On unimproved lots, how will the City address requirements for landscaping? - What is the time table for the annexation? Does the City just have the right to do this? He closed his comments by stating that if the people could not come to an amicable agreement with the City, they would try going directly to LAFCO to stop the annexation. He offered to answer any questions. Mr. Diaz stated that all uses permitted under the County would be legal in the City and would be legal nonconforming use, such as the angled parking. However, those uses that had come in and been allowed to exist because .of lax County enforcement or regulations would not be legal nonconforming. As far as taxes, he said the City had a fire impact fee which was for additional fire protection and paramedic service that the County did not presently have. Mr. Fo l ke r s stated that the angled parking could be handled. However, the situation of the occasional vehicle parking in the middle of the street would have to be looked at to see what mitigation measures could be taken. MR. ANDY FARGO, 42-521 Claudia, stated that people in his neighborhood had several concerns: 1) Wanted fencing around the pools; 2) Wanted the 40 foot streets widened to 60 feet with sidewalks; and 3) Wanted a grandfather clause for the existing businesses. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • if • it * • • • • • • • • • • • • Mr. Diaz stated that those businesses in the residential zone would not be considered legal nonconforming because they were illegal under the County regulations. He said that based on the new petition received and concerns expressed at this meeting. staff would recommend at the conclusion of this hearing that the matter be continued in order to allow time to study the petitions and determine whether or not any of the businesses could be grandfathered in. Upon question by Councilman Crites, Mr. Phillips stated that if they were nuisance businesses, he would recommend that they not be grandfathered in because they were uses that were nonconforming under the County Code. However, home occupations might be considered legal nonconforming. He recommended hearing from everyone and then allowing staff time to address the concerns and perhaps try to resolve them. MR. CLIFFORD SHINN, 54-721 Monroe, Thermal, stated he owned both developed and undeveloped property in the tract and expressed concern that if this annexation went through, it would cost him and his tenants more money when the property was developed. MR. DAN KELLY, 48-900 Paisano, stated he owned one of the few undeveloped properties and asked whether County requirements would still be used for undeveloped land. Mr. Diaz responded that undeveloped properties would have to conform to City of Palm Desert requirements when they were developed. MR. STEVE PANIKOFF, 74-275 Covered Wagon Trail, asked which standards would be used for land which was partially undeveloped. Mr. Phillips asked whether or not he had acquired rights to develop under the County Code when the land was acquired. Mr. Panikoff stated he had not, and Mr. Phillips said that any further development could be required to comply with City standards. M5. SUSAN BURDETT, 1815 Calle Via Alamos, San Clemente, stated she owned property in the tract and felt it would be more costly for her and her tenants to be a part of the City of Palm Desert. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEN$[It 12, 1987 • • • • • • • • • • • • • • • • • • • • •- • • • s MR. TOM ANDECK, 74-619 Gary Avenue, asked what benefits he would receive from "incorporating". Mayor Benson responded that there were many advantages to being in the City, including police, fire, and paramedic service and good street maintenance. Councilman Crites stated that it was not the City which had requested this annexation; rather, It was the neighborhood residents who had approached the City and asked to be annexed. Mr. Phillips stated that if there was 25% protest, the issue would go to an election. Then, if 50% or more of the homeowners or landowners protested, the annexation would not go forward. Mr. Diaz stated that letters had been sent from the Mayor to all property and business owners outlining the advantages and additional costs to join the City, such as fire protection. He said the letters also indicated that Phil Drell should be contacted if they had any questions. MR. BERT KAPLAN, 708 Forest Court, Rancho Mirage, stated that he owned land in the industrial area and that most of the owners in that industrial were opposed to the annexation. He asked whether only voters registered in that area were allowed to vote on the issue if it went on a ballot, and Mr. Diaz responded yes. MS. VAN COOK stated that she had contacted the Fire Marshall relative to benefits for joining Palm Desert. She said the only difference between the County and the City as far as emergency response was that there would be three less emergency persons under the County, and Springs Ambulance would respond versus the paramedics. MR. CLIFFORD SHINN asked whether or not the owners in the industrial area were allowed to vote, and Councilman Wilson responded that they would not be allowed to do so if the matter went to an election. Mr. Altman recommended that the Council receive any additional testimony at this time and then continue the matter to allow the Annexation Committee to meet with these people to discuss their concerns and come back with a report and recommendation. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Benson invited testimony in FAVOR of this request. MS. AMY ROTH-WHITE, 74-737 Gary Avenue, stated she felt the residential area was a mess because of the businesses and the parking problems. She felt this was causing the property values to go down. and the only way to increase these values was to join the City. MR. JERRY ALLEN, 74-573 Merle Drive, stated that if he had any problems or wanted to attend a meeting and speak to his representative, he had to drive to Riverside. He said his neighborhood needed help, he was tired of people running businesses in the residential area, and the County had no code enforcement at all. MR. DICK KAHL, 74-613 Merle Drive, stated he would be very proud if he could join the City of Palm Desert. MR. RICHARD JACKSON, 74-603 Merle, stated he was very much in favor of this annexation. He said he had a service business and rented space in the Valley Industrial Park. He hoped the annexation would help both his business and his tenants. MR. ANTHONY BORDERS, 74-607 Gary Street, stated that there were people in the industrial park who had concerns; however, they were not the concerns of the residents. He said it was not the residents' wish to cost the business people their profits, but they did have their needs and asked the Council to address those needs. He felt the annexation was supported by a majority of the residents, and he supported the suggestion made by the City Manager that the Annexation Committee sit down with concerned residents and business owners to explain the benefits of the annexation. He asked whether they would be obligated to pay a sewer assessment if annexed. Councilman Wilson responded that sewers were covered by the Coachella Valley Water District and that there were currently many areas in the City which were not part of the sewer system. Upon question by Councilman Wilson, Mr. Diaz stated that it would take approximately six to eight months for the annexation to be processed without going to an election. With an election, it would probably take from eight months to a year. He said that, even at the LAFCO level, if 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NO11EMt 12, 1987 • • • • • • • • • • • • • • • • • • • • •- a- • • • there was substantial oppostion, the matter could go to an election. Councilman Wilson agreed that the Council should receive as much testimony as possible at this hearing; however, he felt information needed to be given to the people. He asked if this could be done at the same time as the processing of the annexation through LAFCO. MR. SHINN stated that his main complaint was that he did not want to be "dragged into this" without a vote. Councilman Wilson moved to: 1) Waive further reading and pass Ordinance No. 523 to second reading; 2) Waive further reading and adopt Resolution No. 87-102,making application to LAFCO for Annexation No. 22; and 3) direct staff to, within the next month, get information out to the people who would be involved in this annexation and invite them come in and ask questions about specific areas of concern. Motion was seconded by Kelly and carried by unanimous vote of the Council. E. CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT ZONING ORDINANCE, SECTION 25.56.200, REGARDING CORNER TRAFFIC SIGHT OBSTRUCTIONS. Mr. Diaz stated that the Agenda Indicated staff's recommendation was to continue this item to the meeting of December 10th because the Public Works Director had concerns with the proposed amendment. However, those concerns had since been cleared up. He said the amendment would clarify the starting point for determining the obstruction -free triangle at street corners. He recommended that the Council waive further reading and pass Ordinance No. 524 to second reading. - Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this amendment. None was offered. She declared the public hearing closed. Councilman Crites moved to waive further reading and pass Ordinance No. 524 to second reading. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor/Chairman Benson convened the Redevelopment Agency meeting at 8:49 p.m. for the purpose of holding a joint City Council/Redevelopment Agency public hearing relative to the Sheriff's Substation. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • ROLL CALL • • • • • • • • • • • • • • • Present: Councilman/Member Buford A. Crites Councilman/Member Richard S. Kelly Councilman/Member Walter H. Snyder Mayor Pro-Tem/Vice Chairman S. Roy Wilson Mayor/Chairman Jean M. Benson Also Present: Carlos L. Ortega, Assistant City Manager/Executive Director Bruce A. Altman, City Manager Doug Phillips, Deputy City Attorney Sheila R. Gilligan, City Clerk/Secretary Richard J. Folkers, Director of Public Works Ramon A. Diaz, Director of Community Services Kirby J. Warner, Director of General Services CONSENT CALENDAR A. MINUTES of the Meeting of the Redevelopment Agency of October 22, 1987. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Demand No. WR0916. Rec: Approve as presented. C. LETTERS OF RESIGNATION from Carl L. Karcher, William Tennison, M.D., and James C. Foster from the Project Area Committee. Rec: Accept with sincere regret. D. REQUEST FOR WITHDRAWAL OF RESIGNATION from Sandy Baum as Member of the Project Area Committee. Rec: Approve the request and reinstate Mr. Baum as a member of the Committee. E. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT WITH COUNTY OF RIVERSIDE FOR PROJECT AREA NO. 2. Rec: By Minute Motion, approve Agreement No. 00-259 and authorize the Mayor to execute same. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • i 1--i- -F • • Mr. Ortega asked that Item E be removed from the Consent Calendar for separate discussion under the Consent Items Held Over section of the Agenda. Upon motion by Wilson, second by Snyder, and unanimous vote of the City Council/Agency Board, the Consent Calendar, with theexception of Item E, was approved es presented. ORAL COMMUNICATIONS None RESOLUTIONS None CONSENT ITEMS HELD OVER E. REQUEST FOR APPROVAL OF COOPERATIVE AGREEMENT WITH COUNTY OF RIVERSIDE FOR PROJECT AREA NO. 2. Rec: By Minute Motion, approve Agreement No. 00-259 and authorize the Mayor to execute same. Mr. Ortega stated that an agreement had not yet been reached between the City, Redevelopment Agency, and County of Riverside. He said the County had indicated It would agree to continue the negotiations if the Redevelopment Agency and City would agree to extend the time within which it could commence validation action by private party. He noted that a letter had been sent by the Mayor agreeing to extend the time to December 18th, and, he asked that the Council/Agency Board ratify the action taken by the Mayor. Mayor Pro-Tem/Vice Chairman Wilson moved to, by Minute Motion: 1) ratify the action taken by the Mayor which extended the County's time to file a validating action against the City to December 18, 1987; and 2) continue consideration of the cooperative agreement #00-259 to the meeting of December 1Oth. Motion was seconded by Crites and carried by unanimous vote of the Council/Agency Board. NEW BUSINESS None CONTINUED BUSINESS None 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • a • • • a • • • • • a • • a • • • • • • • • • OLD BUSINESS None JOINT PUBLIC HEARING WITH CITY COUNCIL A. CONSIDERATION OF THE USE OF TAXES TO BE ALLOCATED AND PAID TO THE AGENCY FOR THE PURPOSE OF PAYING ALL OR PART OF THE VALUE OF THE LAND FOR AND INSTALLATION AND CONSTRUCTION OF A PROPOSED SHERIFF'S SUBSTATION. Mr. Oretega stated that the purpose of the public hearing was to hear any objections to this matter. Mayor/Chairman Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. None was offered. She declared the public hearing closed. Councilman/Member Snyder moved to: 1) Waive further reading and adopt City Council Resolution No. 87-103; and 2) Waive further reading and adopt Redevelopment Agency Resolution No. 210. Motion was seconded by Crites and carried by unanimous vote. REPr^TS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None ADJOURNMENT Member Snyder moved to adjourn the Redevelopment Agency meeting at 8:55 p.m. Motion was seconded by Crites and carried by unanimous vote of the Agency Board. XIX. ORAL COMMUNICATIONS - D None 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 12, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • XX. ADJOURNMENT Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 8:56 p.m. ATTEST: SHEILA R. GILL GAN, CITY ERK CITY OF PALM DESERT, CA FORNIA AN BENSON, MAYOR 27