HomeMy WebLinkAbout1988-06-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JUNE 9, 1988
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Pro-Tem Wilson convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder
III. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor Pro-Tempore S. Roy Wilson
Excused Absence:
Mayor Jean M. Benson
Also Present:
Bruce A. Altman, City Manager
Carlos L. Ortega, Assistant City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/Public Information Officer
Richard J. Folkers, ACM/Director of Public Works
Ramon A. Diaz, ACM/Director of Community Development/Planning
Kirby J. Warner, ACM/Director of Economic Development
Paul S. Gibson, Finance Director
Wayne Ramsey, Code Compliance Inspector
Patrick Conlon, Director of Building & Safety
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of May 12 and
May 26, 1988.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR 0504 AND WR 0507.
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1988
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C. RESOLUTION NO. 88-53 - 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.
D. REQUEST FOR APPROVAL of Kelly Ordinance Agreements for
North Side Country Club Drive Widening between Portola
Avenue and Cook Street.
Rec:
By Minute Motion. authorize the Mayor to enter
into agreements (Nos. 00-289 in the amount of
$12,579.39 and 00-290 in the amount of
$14.559.03) for the subject improvements with
United Savings & Loan Association.
E. REQUEST FOR APPROVAL of Final Tract Map 22690-2 (Temple
Development Company).
Rec: Waive further reading and adopt Resolution No.
88-54 approving Tract Map 22690-2.
F. LETTER OF RESIGNATION from Mr. Al Cook as Alternate Member
of the Architectural Review Commission.
Rec: Accept with sincere regret.
G. LETTER OF RESIGNATION from Mr. Al Cook as a Member of the
Building Board of Appeals and Condemnation.
Rec: Accept with sincere regret.
H. LETTER OF RESIGNATION from Mr. Joseph Slavin as a Member
of the Activities Promotion Committee.
Rec: Accept with sincere regret.
I. REQUEST FOR APPROVAL of Change Order Nos. 1 and 2 to
Contract No. 00-181C in the amount of $3.012.75 and
2,636.65, respectively, Kretz Construction Co., for the
Civic Center Alterations.
Rec:
By Minute Motion. approve Change Order Nos. l
and 2 and ratify the approval of the City
Manager.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1988
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J. CONSIDERATION of Petition Filed by Residents of San
Pascual Avenue Requesting Installation and Enforcement of
Speed Control Devices in the 44-000 Block of San Pascual
Street.
Rec: Refer to staff for report and recommendation.
K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for Maintenance of the Highway III Medians (Contract No.
00-291).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for maintenance of
the Highway III medians.
L. REQUEST FOR AWARD OF CONTRACT for Engineering of Magnesia
Falls Bikepath (Contract No. 00-292).
Rec: By Minute Motion:
I) Authorize the execution of Contract No. 00-
292 with Joseph Cicchini, Inc., to develop
the plans and specifications for the
Magnesia Falls Bikepath in the amount of
S9,500, with a contingency reserve of
$3,500: and
2) Appropriate $108,000 from the Unobtigated
Park Fund, which will be offset by revenue
from CalTrans and Riverside County
Transportation Commission.
M. RESOLUTION NO. 88-55 - A Resolution of the City Council of
the City of Palm Desert, California, Establishing the
Appropriations Limit for the 1988-89 Fiscal Year.
Rec: Waive further reading and adopt.
Mr. Altman asked that Items A and M be removed for separate
discussion under the Consent Items Held Over portion of the
Agenda. Counc`lman Crites also asked to remove Item K, and
Mayor Pro-Tem Wilson removed Item I.
Upon motion by Kelly, second by Snyder, the Consent Calendar.
with the exception of Items A, 1, K, and M, was approved as presented by
unanimous vote of the City Council.
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VI. ORAL COMMUNICATIONS - A
MR. JOHN LUERA, 73-793 Pinon Court, Palm Desert, addressed the
Council. He said he wanted to build a house on Bursera Way but
that there was a problem as far as the pad height. He said the
City engineer suggested the pad be put in two feet below the
curb line. However, his own engineer disagreed and was
concerned with flooding In the future. He said he had gotten
other property owners in the area to sign letters approving the
height on his grading plan. He added that in his haste to get
things going, he had dirt dumped on the lot and had not
received a permit to do so. He said that caused additional
problems and that he understood if the City wanted to fine him,
but he hoped the Council would not prevent him from building
his house.
Mayor Pro-Tem Wilson responded that the Council would not be
able to take action on this request at this time because it was
not on the Agenda. However, the matter would be referred to
staff.
MR. JIM FEIRO, 41-625 Eclectic, stated he was the civil
engineer for Mr. Luera and had been associated with this parcel
of land for some time. He said the grading plan had been
changed at least two times since he started working on it. He
said he had designed the grading plan so that it falls within
the minimum guidelines of the City's ordinance, and he did not
think in good engineering practice that the pad should be
lowered. He felt Mr. Luera should be allowed to build his
house per the plan submitted to the City Engineer.
Mayor Pro-Tem Wilson stated that the Council had received a
great deal of pressure from the community relative to excessive
pad heights and had directed staff to get pad heights as low as
possible. He said staff was doing as Council directed and
would look into this matter.
Councilman Crites asked if Mr. Luera had received signed
letters of approval from all of his neighbors. He responded
that he had obtained six such letters but that the other two
neighbors were out of town.
VII. RESOLUTIONS
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1988
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VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 541 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.20
OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO THE
ABATEMENT OF PUBLIC NUISANCES.
Mr. Ramsey reviewed the staff report dated May 23, 1988,
noting that the Municipal Code currently allowed twenty
days to abate a nuisance. He said the new ordinance would
allow twenty days to abate a normal nuisance, seven days
to abate a nuisance considered a fire hazard, and
immediate abatement of a nuisance of an imminent threat to
life or public safety.
Councilman Snyder moved to waive further reading and pass
Ordinance No. 541 to second reading. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
B. ORDINANCE NO. 542 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.24
OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO LITTERING.
Mr. Ramsey reviewed the staff report dated May 23, 1988.
Councilman Crites moved to waive further reading and pass
Ordinance No. 542 to second reading. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
For Adoption:
A. ORDINANCE N0. 539 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
9.24.060, SUBSECTION (H) OF THE PALM DESERT MUNICIPAL CODE
PERTAINING TO NOISE CONTROL.
Mr. Altman stated that no changes had been made since
introduction of this ordinance and recommended its
adoption.
Councilman Crites moved to waive further reading and adopt
Ordinance No. 539. Motion was seconded by Kelly and carried by a 3-1
vote, with Mayor Pro-Tem Wilson voting NO.
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B. ORDINANCE NO. 540 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, PROHIBITING
SKATEBOARDING AND ROLLER SKATING ON ROADWAYS OR PLACES
OPEN TO THE PUBLIC WITHIN COMMERCIAL DISTRICTS.
Mr. Altman reported that no changes had been made since
introduction of this ordinance and recommended its
adoption.
Councilman Kelly moved to waive further reading and adopt
Ordinance No. 540. Motion was seconded by Crites and carried by
unanimous vote of the Council.
IX. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meetings of May 12 and
May 26, 1988.
Rec: Approve as presented.
Mr. Altman asked that the Council approve the Minutes of
May 26th and continue the Minutes of May I2th to the next
meeting.
Councilman Snyder moved to approve the Minutes of May 26, 1988,
and to continue the Minutes of May 12, 1988, to the next meeting. Motion
was seconded by Kelly and carried by unanimous vote of the Council.
I. REQUEST FOR APPROVAL of Change Order Nos. 1 and 2 to
Contract No. 00-181C in the amount of $3,012.75 and
2,636.65, respectively, Kretz Construction Co., for the
Civic Center Alterations.
Rec:
By Minute Motion, approve Change Order Nos. 1
and 2 and ratify the approval of the City
Manager.
Mayor Pro-Tem Wilson asked for clarification of these
change orders.
Mr. Conlon explained that Change Order No. 1 was primarily
for work done for the conference room, including
additional computer cable, track lights over the aerial
photograph, steel jamb and header for the opening between
the conference room and employee lounge, and work done to
make the air conditioning system more quiet. He said this
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1988
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was work that had not been included in the original
contract.
Change Order No. 2 was for the changes in the Council
office area. He said the original plans were modified to
add extra office space. He said the City received a
credit of $2,352 for deletion of moveable partitions and
cabinets. He added that the actual breakdown of work was
included on the back of the Change Orders.
Councilman Kelly moved to, by Minute Motion, approve Change
Order Nos. 1 and 2 and ratify the approval of the City Manager. Motion
was seconded by Snyder and carried by unanimous vote of the Council.
Councilman Kelly stated he felt the accoustics in the new
conference room were tremendous and that it would be
terrific if the same thing could be done for the Council
Chamber.
K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for Maintenance of the Highway 111 Medians (Contract No.
00-291).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for maintenance of
the Highway 1I1 medians.
Councilman Crites stated he and Councilman Kelly had
attended a meeting relative to landscape plans for Highway
1 1 1 . He said he felt the City might need to establish
specifications for the hiring of landscape maintenance
contractors in terms of making sure they have the
necessary prior experience and skills.
Mr. Folkers responded that staff agreed and would like the
Council's concurrence to go ahead with prequalification of
contractors.
Councilman Crites asked if approval of this request would
preclude staff from taking that particular approach. Mr.
Folkers responded that it would not.
Councilman Crites moved to, by Minute Motion, authorize the
City Clerk to advertise and call for bids for maintenance of the Highway
III medians. Motion was seconded by Kelly and carried by unanimous vote
of the Council.
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M. RESOLUTION NO. 88-55 - A Resolution of the City Council of
the City of Palm Desert, California, Establishing the
Appropriations Limit for the 1988-89 Fiscal Year.
Rec: Waive further reading and adopt.
Mr. Altman asked that Council remove this item from the
Agenda, as it would be scheduled as a public hearing at
the June 23rd meeting.
Councilman Crites moved to remove this item from the Agenda.
Motion was seconded by Kelly and carried by unanimous vote of the
Council.
X. NEW BUSINESS
A. REQUEST FOR CONSIDERATION of City Attorney Procedures and
Cost.
Mr. Diaz reviewed the staff report. He noted that this
was an attempt to reduce City Attorney costs that are
outside of the litigation area, beginning with measures
Identified In the staff report.
Councilman Crites moved to, by Minute Motion: I) instruct
staff to process amendments to the Palm Desert Municipal Code necessary
to implement the program as outlined in the staff report dated June 9,
1988; and 2) Appropriate funds necessary to complete needed legal
services for Fiscal Year 1987-88 for both the City of Palm Desert and
Redevelopment Agency. Motion was seconded by Kelly and carried by
unanimous vote of the Council.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
None
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XIII. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Altman stated that the City was in the process of an
insurance crisis as far as group insurance. He asked
Administrative Officer Larry McAllister to address the
Council. He said no action was necessary by the Council
at this time.
Mr. McAllister explained changes in the medical insurance
(report attached hereto and made a part of as Exhibit
"A"). He said staff would prepare a resolution for the
Council at its next meeting to change from Blue Cross to
Principal Mutual.
B. CITY ATTORNEY
Mr. Erwin asked that the Council consider adjourning to
Closed Session before the dinner break if time permitted
doing so.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
o City Council Committee Reports:
1. Councilman Kelly reported that he and Mr. Warner
had recently attended an ICMA Conference on
"Building and Image and Economy", and he
distributed the report they had completed upon
their return. He said they had a chance to work
with representatives from cities 50 years or
more older than Palm Desert but with a similar
economic makeup, and they were able to see what
kinds of problems can be created if things are
not done correctly. He said they had also
looked at Hilton Head, South Carolina, a city
which he felt had done a good job
architecturally, where all of the buildings fit
in with the architecture of the city. Upon
question by Councilman Wilson, he responded that
Mr. Warner had some pictures that were taken at
the conference. He thanked the Council for
allowing him and Mr. Warner to represent Palm
Desert.
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2. Councilman Crites asked what was happening with
the Sister Cities Committee. Mr. Altman
responded that the meeting scheduled for the
previous week had been changed to June 10th at
10:00 a.m.
3. Councilman Crites questioned the status of the
Foxx project at the corner of El Paseo and
Highway 74. He said the inside was undone to
the degree that it was literally "dirty" and did
not even have any flooring. He said nearby
property owners had asked him how long it would
stay In that condition. He also asked when the
landscaping in front of that same building would
be completed. Mr. Diaz responded that he would
have a report to the Council at its June 23rd
meeting.
4. Councilman Wilson stated that the Mayor had
received a letter from the Financial Commentary
asking if the City of Palm Desert would care to
host a debate relative to the formation of
Cahuilla County. He said this would need to be
done before August. He added that the
Conference Room would not be large enough to
accommodate such a meeting and that he would be
glad to advise the writer of the letter that the
City does not currently have a Council Chamber
and suggest they try to find another place.
Council concurred.
XIV. ORAL COMMUNICATIONS - 8
None
Councilman Crites moved to adjourn to Closed Session at 4:43
p.m. pursuant to Government Code Section 54956.8, Real Property
Transactions and 54956.9 (a) and (b), Pending and Potential Litigation
(City of Palm Desert vs. Indian Wells - Sunterra, and Villages of Bella
Vista litigation). Motion was seconded by Snyder and carried by
unanimous vote of the Council.
Mayor Pro-Tem Wilson reconvened the meeting at 6:00 p.m. and
immediately recessed for dinner. He reconvened the meeting at
7:00 p.m.
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XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENT to the Rent Review Commission to Fill the
Vacancy Created by the Resignation of Sabby Jonathan.
(Continued from the Meetings of April 28, May 12, and May
26, 1988.)
Mrs. Gilligan reported that the Council had interviewed
Mr. Joe Abbondondola several weeks ago and that at that
time he did not live In Palm Desert. She said since that
time he had moved into the City and had registered to vote
and was, therefore, now eligible to be appointed to the
Rent Review Commission If the Council so desired.
Councilman Snyder moved to, by Minute Motion, appoint Mr.
Joseph Abbondondola to the Rent Review Commission to fill the vacancy
created by the resignation of Sabby Jonathan.
Councilman Kelly stated that he had heard that Mr.
Abbondondola was possibly related to someone who owned a
mobilehome park.
Mrs. Gilligan responded that a question had been raised
relative to Mr. Abbondondola possibly being the grandson
of the owner of Portola Palms Mobilehome Park. However,
she said she had contacted the applicant and was advised
that this was not the case.
Councilman Kelly seconded the motion. The motion carried by
unanimous vote of the Council.
8. PROCLAMATION Declaring the Week of June 11 through June
17, 1988, as Chiropractic Wellness Week in the City of
Palm Desert.
Mayor Pro-Tem Wilson read the proclamation and presented
it to Dr. Jim DeBoer.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1988
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XVIII. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION OF EXPANSION (ANNEXATION NO. l)
OF LANDSCAPING AND LIGHTING DISTRICT NO. 2 AND CONTINUED
OPERATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 2
(LEWIS HOMES).
Mayor Pro-Tem Wilson reported that he, Mayor Benson, and City
Manager Bruce Altman had been meeting during the past month
with interested and concerned residents in the Canyon Cove area
and that he was pleased with those meetings. He said everyone
who attended the meetings had done so with the intent to try
and resolve the matter and come up with something that would be
best for everyone. He thanked all of the property owners who
participated, and he declared the public hearing open.
Mr. Altman reported that the result of the meetings was a
recommendation that the Council assess a $60 per year fee
per residence or home or empty lot that would eventually
have a home on it. The City would then pay the remainder
of the maintenance cost for the channel. He said
originally the homeowners were to pay for one-third of the
cost, with the City paying the other two-thirds. If the
Council agreed to this $60, he suggested that the Canyon
Cove homeowners then appoint representatives to work with
the City to decide how to maintain the channel at a level
that could be paid for with that amount of money.
Mayor Pro-Tem Wilson added that one thing this committee
would look into would be a plan for drought tolerant
landscaping to perhaps reduce the amount to less than $60
per year.
Councilman Crites asked if the reduction from the proposed
$ 1 00 per home or lot down to $60 was reflective of the
amount of money the City intended to spend and whether the
one-third/two-thirds split would still be maintained. Mr.
Altman responded that that was the reason for having the
committee.
MR. NOEL CHRISTENSEN, 2627 South Waterman Avenue, San
Bernardino, spoke as the engineer. He said the original
district was formed in 1979 and involved one subdivision
(11636-1) and now being considered was the annexation of
the other tracts (11636-2, -3, -4, and -5). He said the
district would involve benefits received from the interior
lighting system as well as maintenance and upkeep of the
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landscaping between Haystack and Calliandra. He reviewed
the engineer's report (on file and of record in the City
Clerk's Office).
Mayor Pro-Tem Wilson called upon the City Clerk for proof of
publishing and mailing of resolutions of intention.
Mrs. Gilligan stated that resolutions of intention were
mailed to all affected property owners on May 13, 1988.
She added that the Notice of Intent to Hold a Public
Hearing was published in the Palm Desert Post on May 13
and May 20.
Mayor Pro-Tem Wilson called for all written objections or
protests filed, received, read and considered.
Mrs. Gilligan stated that one letter of opposition had
been received from Milton and Ruby Rhea and was included
in the Council packets.
Mayor Pro-Tem Wilson Invited testimony from anyone in the
audience in PROTEST. The following people were opposed because
of cost. benefit to the entire City rather than Just to Canyon
Cove, and the quality of the landscaping:
MR. BUD WINTERBOTTOM, 73-290 Desert Rose, stated he had
not received any notice in the mall and only knew about
the hearing because he saw the notice In the newspaper.
Mrs. Gilligan noted that she had checked a duplicate list
of mailing labels from the Tax Assessor's Office and that
Mr. Winterbottom's correct address was shown.
MR. ALBERT BARBER, 72-750 Ambrosia, submitted petitions of
opposition (on file and of record in the City Clerk's
Office).
MR. DEAN RYMAN, 72-795 Deergrass.
MR. DON GAMMEL. 72-950 Calliandra, spoke in favor of the
annexation but felt both sides of Haystack Road should be
assessed.
Councilman Crites stated that everyone should remember
that when the Lewis Homes Project was proposed, there was
opposition from the people on the south side of Haystack
because of the increased density. One of the compromises
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was the setback along the north side of Haystack and the
creation of an assessment district to pay for the
mainteanance of that wide setback. The district was to be
paid for 100% by the residents of the project. He said it
was part of the compromise to minimize the opposition.
Had that not been done, the Lewis Homes project would
probably not have been built. He said 1t was the choice
of the developer and the choice of those people who
decided to purchase homes there. He said the people on
the south side of Haystack were not responsible for that
belt.
The following people spoke in FAVOR:
MR. MORT GREEN, 72-890 Deergrass, said he attended the
meetings and that it was his understanding that the $60
would only be for the first year.
Mayor Pro-Tem Wilson explained that there were two issues
before the Council: 1) Whether or not to expand the
district to include all 218 parcels; and 2) Setting the
fee for the current year. He said another public hearing
would be held a year from now to set the fee for that
year.
Mr. Green said that everyone agreed, including Mr. Barber,
to recommend the $60 for one year, with a committee to be
formed to determine what can be done with the area.
MR. ALBERT A. HUNT, 72-730
serve on the committee.
MR. TONY CAMPANERO.
MR. BOB DEXTER, 72-910 Calliandra.
MS. SUSANNE HOWELL, 73-350 Calliandra,
serve on the committee.
MR. JOE McGALLIARD, volunteered to serve on
M5. GOLDIE SIROTA, 73-310 Calliandra.
Calliandra,
volunteered to
volunteered to
the committee.
Mayor Pro-Tem Wilson declared the public hearing closed.
Mr. Erwin noted for the benefit of the City Council that
with regard to the annexation of a number of these tracts
to the existing district, determination should be based
upon both written and oral protests from the property
owners within the area to be annexed. He said the written
protests filed by Mr. Barber stated they were protesting
the levying of the assessment only. They did not,
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therefore, have any application to the annexation. He
said the annexation appeared to have only two or three
objections from property owners within the area to be
annexed. With regard to the second item, the levying of
the assessment, that determination was not subject to a
majority protest. He said although protests could be made
and could state the grounds for protest, the Council did
not have any legal obligation to abandon the assessment
because of those protests.
Councilman Crites moved to waive further reading and adopt
Resolution No. 88-56, ordering Annexation No. 1 to the City of Palm
Desert Landscaping and Lighting District No. 2. Motion was seconded by
Snyder and carried by unanimous vote of the City Council.
Mr. Altman suggested that the Council approve the
recommendation made earlier in the meeting relative to
assessing each parcel $60 for the coming year and forming
a committee to look into what type of landscaping is
desired and what can be done for this amount of money.
Councilman Snyder moved to: 1) Waive further reading and adopt
Resolution No. 88-57 ordering continued operation of Landscaping and
Lighting District No. 2 and assessing each parcel $60 for this year; and
2) Move forward with a representative committee of homeowners to help
determine the type of landscaping and assessment amount for the future.
Motion was seconded by Kelly and carried by unanimous vote of the City
Council.
B. REQUEST FOR CONSIDERATION OF ANNUAL ASSESSMENT FOR
LANDSCAPING AND LIGHTING DISTRICT NO. 81-3 (TRACT NOS.
12181-1 AND 12181-2, THE VINEYARDS).
Mayor Pro-Tem Wilson declared the public hearing open and asked
for staff's report.
Mr. John Wohlmuth, Administrative Assistant, reviewed the
staff report and offered to answer any questions.
Mayor Pro-Tem Wilson invited testimony in FAVOR of or OPPOSED
to this request. None was offered. He declared the public
hearing closed.
Councilman Snyder moved to waive further reading and adopt
Resolution No. 88-58 levying the annual assessments for fiscal year 1988-
89. Motion was seconded by Kelly and carried by unanimous vote of the
Council.
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C. REQUEST FOR CONSIDERATION OF ANNUAL ASSESSMENTS FOR
LANDSCAPING d LIGHTING DISTRICT 1980-1 (PRESIDENTS PLAZA).
Mayor Pro-Tem Wilson declared the public hearing open.
Mr. Wohlmuth reviewed the staff report, noting that the
total cost for the assessment district had increased
approximately $25,000, which was primarily due to an
increase In the level of refuse collection during 1987-88.
Mayor Pro-Tem Wilson invited testimony in FAVOR of or OPPOSED
to this request. None was offered. He declared the public
hearing closed.
Councilman Crites moved to waive further reading and adopt
Resolution No. 88-59 levying the annual assessments for fiscal year 1988-
89. Motion was seconded by Kelly and carried by unanimous vote of the
Council.
D. REQUEST FOR CONSIDERATION OF ANNUAL ASSESSMENTS FOR
LANDSCAPING AND LIGHTING DISTRICT NO. 4 (TRACT 8237,
Parkview Estates).
Mayor Pro-Tem Wilson declared the public hearing open_.
Mr. Wohlmuth reviewed the staff report and offered to
answer any questions.
Mayor Pro-Tem Wilson invited testimony in FAVOR of or OPPOSED
to this request. None was offered. He declared the public
hearing closed.
Councilman Snyder moved to waive further reading and adopt
Resolution No. 88-60 levying the annual assessments for fiscal year 1988-
89. Motion was seconded by Kelly and carried by unanimous vote of the
Council.
E. REQUEST FOR CONSIDERATION OF ANNUAL ASSESSMENTS FOR
LANDSCAPING AND LIGHTING DISTRICT NO. 5 (COOK
STREET/COUNTRY CLUB DRIVE MEDIAN ASSESSMENT DISTRICT).
Mayor Pro-Tem Wilson declared the public hearing open.
Mr. Wohlmuth reviewed the staff report and offered to
answer any questions.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1988
• • • • • • • • • • • • • • • • • • • • • • • • •
Mayor Pro-Tem Wilson invited testimony in FAVOR of or OPPOSED
to this request. None was offered. He declared the public
hearing closed.
Councilman Crites moved to waive further reading and adopt
Resolution No. 88-61 levying the annual assessments for fiscal year 1988-
89. Motion was seconded by Snyder and carried by unanimous vote of the
Council.
F. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM LOW
DENSITY RESIDENTIAL (3-5 DU/ACRE) TO DISTRICT COMMERCIAL
FOR 22.1 GROSS ACRES, A PREANNEXATION CHANGE OF ZONE FROM
W-2-20 (RIVERSIDE COUNTY ZONING) TO PC (2) (DISTRICT
COMMERCIAL) FOR 22.1 GROSS ACRES AND PR-5 (PLANNED
RESIDENTIAL, FIVE DWELLING UNITS PER ACRE) FOR 66.76 GROSS
ACRES, A PARCEL MAP TO CREATE TWO PARCELS, AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE
ABOVE FOR 88.86 GROSS ACRES LOCATED AT THE NORTHEAST
CORNER OF GERALD FORD DRIVE AND MONTEREY AVENUE (MONTEREY
AVENUE ASSOCIATES AND HOUSLEY ASSOCIATES, APPLICANTS).
Mayor Pro-Tem Wilson declared the public hearing open.
Mr. Steve Smith, Associate Planner, reviewed the staff
report, noting that the Council was being asked to approve
the preannexation zoning at this time, not the precise
plan.
Councilman Crites questioned the negative declaration of
environmental impact inasmuch as a full blown EIR is being
done on the North Sphere right now. He questioned the
timing of this application prior to the presentation of
the EIR to the City Council.
Mr. Smith responded that at this time staff was trying to
get the paperwork lined up. He said review of the precise
plan would not take place until and unless the area is
annexed to the City. At that point in time, the North
Sphere Specific Plan and the environmental documentation
will have been reviewed by the Council. He said an EIR
could be done without having a project before the Council,
but he would not recommend that being done. He said in
the past the practice has been to do the more detailed
analysis at the same time as the review of the precise
plan because then more accurate information would be
available. He added at this time there was only a
conceptual plan, and staff does not know what the actual
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REGULAR PALM DESERT CITY COUNCIL MEETING
. . .
. . . . .
. .
JUNE 9, 1988
. . . . . . . . . . .
makeup of the project will be and where the majority of
the traffic will be, whether north to Gerald Ford or out
onto Monterey.
Councilman Kelly asked what the North Sphere Plan
recommends. Mr. Smith responded that it shows PC-2, 20
acres, with the remainder of the site as low density
residential, which would be in the 3-5 du/acre range.
Councilman Crites asked why staff was recommending PR-5
instead of the 3-5 range. Mr. Smith responded that the
City zones to a maximum, not to a range.
Mayor Pro-Tem Wilson invited testimony in FAVOR of this
request.
MR. MIKE PERRONE from Smith, Perrone, & Fox, 980 East
Tahquitz, addressed the Council and stated that the plan
was conceptual only. He said it would include 50 foot
setbacks with desert oriented landscaping.
MR. LIONEL STEINBERG, 57-800 Fillmore Street, Thermal, and
471 Monte Vista, Palm Springs, addressed the Council as
the applicant. He said he was told in 1985 that his
concept for this project was good but that he should wait
for six to eight months. He said he had paid over
$459,000 in assessments in 1986/87 (a year and a half),
plus another $262,236 in 1987/88 assessments to help pay
for seven miles of road and a bridge on Monterey being
enjoyed by everyone In the Coachella Valley. He said he
had borrowed money in order to keep his property and was
now having some of his property foreclosed on. He said he
could not continue to borrow money without having the
right to do something with his property.
Mayor Pro-Tem Wilson invited testimony in OPPOSITION to this
request. None was offered. He declared the public hearing
closed.
Councilman Snyder stated he felt Mr. Steinberg had been
more than fair in trying to find a way to live with the
City. He said he felt the plan submitted was within the
realm of what the Council wanted In that area of the City
and that an effort should be made to help him get the
project going.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1988
. . . . . . . . . . .
. . . . . . . . •
. . . . .
Councilman Snyder moved to: 1) Waive further reading and pass
Ordinance No. 419 to second reading, approving C/Z 84-18; and 2) Waive
further reading and adopt Resolution No. 88-62, approving GPA 84-3 and PM
20560, subject to conditions. Motion was seconded by Crites and carried
by unanimous vote of the Council.
G. REQUEST FOR CONSIDERATION OF ZONING ORDINANCE AMENDMENT TO
PROVIDE COLOR CONTROL IN SPECIFIC ZONES (ZOA 88-2).
Mayor Pro-Tem declared the public hearing open.
Mr. Smith reviewed the staff report, noting that staff had
been directed in January to look into the matter of color
control in both commercial and hillside residential areas.
He said the Planning Director recommended approval of the
proposed ordinance although the Planning Commission had
recommended disapproval.
Mayor Pro-Tem Wilson stated that he had not received a
copy of the Planning Commission Minutes and did not,
therefore, know the reasons for its vote.
Councilman Crites added that in the past the Chairman of
the Planning Commission had been invited to address the
Council to explain the Commission's vote in instances
where staff's recommendation is different.
Mr. Smith responded that he was not sure whether or not
the Chairman had been asked to address Council.
Councilman Kelly stated that although he was inclined to
agree with the proposed ordinance, he felt it would be
more proper to hear from the Planning Commission Chairman
prior to making a decision.
Councilman Kelly moved to continue this matter to the meeting
of June 23rd in order to allow the Planning Commission Chairman to
address the Council. Motion was seconded by Snyder.
Mayor Pro-Tem Wilson suggested that the Council hear from
members of the audience hefore voting, and he invited testimony
in FAVOR of or OPPOSED to this matter.
MR. DAN EHRLER, Palm Desert Chamber of Commerce, requested
that he be allowed to sit down with the appropriate
persons to discuss this ordinance and said he felt the
Chamber should be aware of the ramifications, especially
the newly formed Retail Committee and the Board of
Directors.
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REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9, 1988
. . . . . . . . . . . . . . . . . • . . • • . • .
MR. SANDY BAUM, 45-800 Deep Canyon, said he felt the
ordinance was 111-conceived and would be detrimental to
the community. He said the City should be trying to
create an exciting environment for the shoppers. He
suggested that the City create a pallette of acceptable
colors and this way developers would know in advance
whether or not a particular color theme would be allowed.
He urged the Council to table the matter to a time
uncertain.
Councilman Crites said he felt the ordinance should be
divided into two separate ordinances, one for hillside
residential zones, and one for commercial. He suggested
that the Council: 1) Table the hillside color ordinance
for two weeks and ask the Chairman of the Planning
Commission to explain the Commission's vote; and 2) Table
the commercial color ordinance for an indefinite time to
give anyone interested a chance to look at this issue for
possible alternatives.
Councilman Kelly said he felt Mr. Baum had a good idea
relative to making up a pallette of colors that are
acceptable, and this way architects would have a chance to
choose from the pallette for their designs.
Councilman Crites moved to, by Minute Motion; 1) Divide the
ordinance into two separate ordinances, one for hillside planned
residential zones and one for commercial, and bring the hillside color
ordinance back to the Council in two weeks; 2) invite the Planning
Commission Chairman to address the Council relative to the Commission's
vote on this Issue; and 3) Table the commercial color ordinance for an
indefinite time. Motion was seconded by Kelly and carried by unanimous
vote of the Council.
XIX. ORAL COMMUNICATIONS - D
MR. SAL PISCITELLI, 44-200 San Pascual, addressed the Council
relative to Item J of the Consent Calendar. He said when he
filed his petition he found out that this was the second
petition filed with the City in four months. He said a study
had been conducted regarding installation of four-way stop
signs, and the result was that they were not warranted. He
asked that something be done to slow the traffic down.
Mayor Pro-Tem Wilson responded that staff would bring a report
back to the Council at another meeting.
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 9. 1988
• • • • • • • • • • • • • • • • • • • • •
MS. JANENE MILIS addressed the Council and stated she was the
mother of the little girl hit by a motorist on December 29,
1987. She said she had also lost two pets due to the traffic
in the area. She asked for the Council's help in slowing down
the traffic.
MR. SANDY BAUM, 45-800 Deep Canyon, said it was nice to sit in
this conference room and be able to both see and hear the
Council and that it would be a good room for the Architectural
Review Commission to meet in.
XX. ADJOURNMENT
Upon motion by Crites, second by Snyder, and unanimous vote of
the Council, Mayor Pro-Tem Wilson adjourned the meeting at 8:55 p.m.
ATTEST:
OP
SHEILA R. GIVLIGAN, C�' CLERK
CITY OF PALM DESERT, ALIFORNIA
�� l•
, MAYOR PRO-TEMPORE
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