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HomeMy WebLinkAbout1988-06-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 23, 1988 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. 1I. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson 11I. INVOCATION - Councilman Richard 5. Kelly IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard 5. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, ACM/Director of Redevelopment Agency David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/Public Information Officer Gregg Holtz, Senior Engineer Ramon A. Diaz, ACM/Director of Community Development/Planning Frank Allen, Code Compliance Director Paul 5. Gibson, Finance Director V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of May 12 and June 9, 1988 Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR 0510, 0514. and 0601. Rec: Approve as presented. PRELIMINARY MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23. 1988 . . . . . . . * . . . . . . . . . . • * . . . . C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bullocks, Inc. for Bullocks Palm Desert, 72-810 Highway 111, Palm Desert. Rec: Receive and file. D. RESOLUTION NO. 88-63 - A Resolution of the City Council of the City of Palm Desert, California, Authorizing and Agreeing to Allow Principal Mutual Life Insurance Company to Furnish Group Medical and Life Insurance Coverage for the Employees of the City of Palm Desert. Rec: Waive further reading and adopt. E. REQUEST FOR APPROVAL of Year -End Budget Adjustment for Unemployment Insurance. Rec: By Minute Motion, approve the request and appropriate $2,500 to Account No. 110-4940-1126. F. REQUEST FOR AWARD OF CONTRACT NO. 00-282. 1987-88 Slurry Seal Program - Phase 11. Rec: By Minute Motion, authorize the Mayor to enter into a contract with Pavement coatings Company in the amount of $48,368.64 and authorize a ten - percent contingency reserve in the amount of $4,836.86. G. RESOLUTION NO. 88-64 - A Resolution of the City Council of the City of Palm Desert, California, Requesting the Riverside County Board of Supervisors to Levy a Special Tax Pursuant to Section 53978 of the Government Code for Fire Protection and Prevention Services for Fiscal Year 1988-89. Rec: Waive further reading and adopt. H. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM by W.E. Knowles and Jane Knowles in an Amount in Excess of $10,000. (Claim No. 068) Rec: By Minute Motion, deny the Application for Leave to Present Late Claim and instruct the City Clerk to so advise the Claimant. 2 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • I. INFORMATIONAL ITEMS: 1. UPDATE on Highway I11 Widening Project. Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, the Consent Calendar was approved as presented. VI. ORAL COMMUNICATIONS - A MR. BEN PICKELL, 72-814 Tampico Drive, stated that he lived behind the Palm Desert Town Center. He said there was a passageway along the north wall which was used by nondrivers in the neighborhood to get out onto Monterey Avenue and into the Palm Desert Town Center. He said now a contractor was building four houses adjacent to the passageway and was putting in a slump stone wall which meant those people who do not drive would have to walk seven blocks around to get to the Town Center. He said he had talked to Mr. Diaz and Lee Haven of the Palm Desert Town Center and had also tried to contact the contractor but was advised that he was out of town and would call back. He asked for the Council's help in making the area pedestrian oriented. Councilman Crites said that although he felt Mr. Pickell's request for access was a legitimate concern, one of the reasons there was no similar access between the Palm Desert Town Center and that neighborhood was by choice of the residents. He said they wanted to way for people from the Town Center to "escape" into their neighborhood. He added that It was not a lack of caring for pedestrians. Mr. Picket! said he felt putting the wall up would create a nice hiding place for kids to gather and drink, etc. Mayor Benson stated she had looked at the area in question and had asked Mr. Pickeil to attend the meeting. She said she agreed that it would create a nuisance problem, and she asked that Mr. Diaz look into the matter and report to the Council. VII. RESOLUTIONS None 3 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • V1II. ORDINANCES For Introduction: A. ORDINANCE NO. 544 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 5.84.090 AND 5.84.110 ADDING SECTIONS 5.84.120 AND 5.84.130, REGULATING DISTRIBUTION OF LITERATURE, PEDDLING AND SOLICITATION. Mr. Allen reviewed the staff report, noting that passage of this ordinance would allow solicitation in commercial and industrial districts with a permit. Mayor Pro-Tem Wilson moved to waive further reading and pass Ordinance No. 544 to second reading. Motion was seconded by Kelly and carried by unanimous vote of the Council. For Adoption: A. ORDINANCE N0. 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. Allen reported that no changes had been made since introduction of this ordinance and recommended its adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 541. 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. Allen 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. 542. Motion was seconded by Benson and carried by unanimous vote of the Council. 4 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • a • • a • • * • • • • • • • • • • • C. ORDINANCE NO. 419 - 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 W-2-20 (RIVERSIDE COUNTY ZONING) TO PC (2) AND PR-5, UPON ANNEXATION, FOR 88.96 GROSS ACRES LOCATED AT THE NORTHEAST CORNER OF GERALD FORD DRIVE AND MONTEREY AVENUE, AND APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO THE ABOVE. (CASE NO. C/Z 84-18. 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. 419. Motion was seconded by Benson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF PRELIMINARY ARCHITECTURAL PLANS FOR PAD 9 OF THE ONE ELEVEN TOWN CENTER. Mr. Altman reported that Mr. Diaz had asked that this item be continued to the next meeting. Mayor Pro-Tem Wilson moved to continue this item to the meeting of July 14, 1988. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION, OF THE PROPOSED TRANSPORTATION PLAN, ITS IMPLEMENTATION, FUNDING, AND ADMINISTRATION. Councilman Kelly reviewed CVAG's report dated June 8, 1988, noting that the summary sheet following page 5 of the report should not have been attached. He said the Transportation Uniform Mitigation Fee (TUMF) Subcommittee had worked for six months on this issue and consisted of representatives from all the cities, the Building Industry Association, and developers from the commercial sector, residential sector, and affordable housing sector. He said he felt very strongly that the Subcommittee had done an excellent job establishing the Uniform Transportation 5 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Mitigation Fee ordinance and that it was well written. He said the recommendation from the CVAG General Assembly was that the Council approve the ordinance itself and not the fees, which would be decided upon at the next General Assembly meeting. He added that even if all of the cities did not adopt this ordinance, he felt it was something Palm Desert ought to enact. Mr. Altman concurred and stated that the recommendation on the Agenda should be amended to remove the summary from the report. Councilman Crites stated that whether or not CVAG accomplishes this as a unified body, he felt the City of Palm Desert should investigate adoption of a program for the City Itself. Mayor Pro-Tem Wilson stated that he was a member of the Riverside County Transportation Commission and that the Coachella Valley was miles ahead of the rest of the County as far as having studied and determined what the traffic problems are and how they can be solved. He commended the Subcommittee for its hard work. Councilman Kelly moved to, by Minute Motion, ratify the action by the CVAG General Assembly with the removal of the summary from the report. Motion was seconded by Crites and carried by unanimous vote of the Council. C. CONSIDERATION OF ACTION REQUIRED FOR THE CALLING OF THE 1988 GENERAL MUNICIPAL ELECTION. Mrs. Gilligan reviewed the staff report, noting that this action would call for an election in November to fill two seats on the City Council, would set standards for candidates' statements to be Included in the sample ballots, and would ask the Board of Supervisors to direct the Elections Department to include our city in the Statewide General Election. 6 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL • • • • • • • • • • • • • • • • • • • JUNE 23, 1988 Mayor Pro-Tem Wilson moved to: 1) Waive further reading and adopt Resolution No. 88-65. calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 1988. for the election of certain officers as required by the provisions of the laws of the State of California Relating to General Law Cities; 2) Waive further reading and adopt Resolution No. 88-66, requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on November 8, 1988, with the Statewide General Election to be held on the date pursuant to Section 23302 of the Elections Code; and 3) Waive further reading and adopt Resolution No. 88- 67, adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 8, 1988. Motion was seconded by Snyder and carried by unanimous vote of the Council. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. CONSIDERATION OF A REQUEST BY JOHN LUERA FOR MODIFICATION OF A GRADING PLAN FOR PROPERTY LOCATED AT 73-016 BURSERA WAY. Mr. Holtz reviewed the staff report dated June 23. 1988 (attached hereto and made a part hereof as Exhibit "A"). MR. JIM FEIRO. 41-625 Eclectic, stated he was the Civil Engineer who designed the grading plan for this property. He said he felt he could not protect the safety of his client by constructing the pad below street level. If it was done the way the City wanted. there would be at least a 10% negative grade to get into the garage. Councilman Crites asked whether the pad elevations were consistent with the adjoining properties. and Mr. Joe Gaugush, Senior Engineer, replied that they were. MR. VICTOR VILLENEUVE, 72-757 Fred Waring Drive, addressed the Council relative to the City's Grading Ordinance in general. He said it had been changed three times in the past five years, and he felt it was not very safe in an area subject to flash flooding to have residences below grade. 7 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • MR. KEN STINDELL. 72-847 Skyward Way, spoke as a developer in the City and said one of his concerns with the City's grading ordinance was the fact that engineers are reluctant to sign the grading plans because the City is making these requirements about the pad heights. He said he currently had a set of plans in the City which was being affected by this requirement, and he did not feel it made sense to build the pad below street level. He added that his exposure and liability would extend beyond several years. MRS. MARILYN LUERA. 73-793 Pinon Court, urged the Council to consider their request and approve It. Mayor Pro-Tem Wilson stated that having the pad one foot above street level would not make that much difference in a 100 year or 150 year flood. He added that staff had been directed to make the houses compatible with the existing neighborhood, make them safe. and make sure the land drains. Mayor Benson stated that the Council was aware of lawsuits and not unaware of the fact that the ordinance is not perfect. Mayor Pro-Tem Wilson moved to, by Minute Motion, approve the request by staff for a finish floor elevation of 97.5 feet for the subject property. Motion was seconded by Benson and carried by unanimous vote of the Council. B. STAFF UPDATE ON FRED FERN BUILDING ON EL PASEO AND RELATED LANDSCAPING. Mr. Diaz stated that a letter had been received from Mr. Fred Fern which would hopefully answer the Council's concerns about the project (attached hereto and made a part hereof as Exhibit "B"). No Council action was taken on this matter. 8 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23. 1988 . . . . . . . . . . . . . . . . . . . * . . . . XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Altman asked that the Council continue with budget discussions at the conclusion of the 4:00 p.m. portion of the meeting. B. CITY ATTORNEY Mr. Erwin reminded the Council of the Closed Session scheduled for the conclusion of the meeting. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: I. Discussion of Affordable Housing and Qualifications for Recipients (Councilman Richard S. Kelly). Councilman Kelly stated his concern was whether or not the City has enough controls so that citizens of Palm Desert would be the ones who would have the first opportunity to purchase affordable housing in the City. He said as the City develops commercial properties and hotels. it needs to also provide housing for employees which will be close to where they work. This would also lower the need for additional roads. Mr. Diaz stated that this could be done administratively by specifying in future development agreements that the affordable units be utilized by persons presently residing in or employed In the City. 2. Mountain Preservation (Councilman Buford A. Crites). Council -Ian Crites stated that there were a number of organizations working on potential preservation of the Santa Rosa mountains from west of Palm Springs to the borders of the Anza Borrego State Park. He said he had also been contacted by a committed called "Save Our Santa 9 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 198F • • • • • • • • • • • • • • • • • • • • • • • • Rosa mountains" in Cathedral City, which would be placing an initiative on the ballot dealing with that issue in their city. He felt the Santa Rosa mountains were an asset to the Valley floor for both visitors and residents alike. He read a proposed resolution reaffirming the Council's belief in the need for preservation and conservation of the Santa Rosa mountains. Councilman Crites moved to waive further reading and adopt Resolution No. 88-71. Motion was seconded by Wilson and carried by unanimous vote of the Council. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - 8 None Mayor Pro-Tem Wilson moved to adjourn the meeting at 5:15 p.m. to complete discussions of the 1988-89 fiscal year budget. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor Benson 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 None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPLICATIONS FOR APPOINTMENT TO THE RENT REVIEW COMMISSION. Mrs. Gilligan stated that four applications had been received for this Commission and that, with Council permission, she would schedule interviews for July 14th or August llth, immediately prior to the 4:00 p.m. meeting. She said that two terms would expire in January and that 10 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • one position might become vacant because the Commissioner's job does not allow him to attend meetings. The Council concurred that the interviews should be set for July 14th. XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF ZONING ORDINANCE AMENDMENT TO PROVIDE COLOR CONTROL IN SPECIFIC ZONES (ZOA 88-2-- Continued from the Meeting of June 9, 1988). Mr. Diaz stated that at the June 9th meeting, the Council asked staff to return with this ordinance regarding color control In the hillside planned residential zone. He added that staff was working with the Chamber of Commerce relative to color control in commercial areas of the City. He said the Council had also asked that the Planning Commission Chairman attend this meeting to express the reasons for the Commission's recommendation that the ordinance not be adopted. He said the key concern of the Planning Commission was not new construction, which could be controlled through the Architectural Review Commission, but the repainting of existing development. He said staff would continue to recommend adoption of the hillside portion of the ordinance. MR. RICK ERWOOD, 75-432 La Cresta Drive, spoke as the Planning Commission Chairman and said three of the Commissioners felt the standards which would be used to ensure color control would be too objective and there would be the potential for arbitrary decisions by the individuals enforcing the ordinance. He said the minority position was that the ordinance was needed because although the color of new construction could be regulated, there was no way to regulate repainting of any houses placed in the hillside zone once the initial construction was done. He offered to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of (2,r JPPOSED to this request. MR. SANDY BAUM, 45-800 Deep Canyon, addressed the Council and said he was not in favor of anything like this. However, If the Council insisted on having color control in the hillsides, he felt there should be a palette with a MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 . . . . . . . • . . . • . * . . . . . . . • . . . range of earth tones which would be acceptable. That way someone could come In and select a color and know there would not be a problem obtaining approval. Mayor Benson declared the public hearing closed. Councilman Crites stated it had been the Council's intent to make sure development in the hillsides blends in as much as possible with the surrounding terrain. and there was no current ordinance to control this. He said the best example of blending in would be the condominiums at the Vintage in Indian Wells. which blend almost perfectly with the mountains. He said some areas of the hillsides were very light and some very dark, and it should be left to the Architectural Review Commission to attempt to match the existing surroundings. Mayor Benson agreed and said at this time there were houses in the hillsides which stood out and could be seen for miles around. Mayor Pro-Tem Wilson moved to waive further reading and pass Ordinance No. 543 to second reading, approving an amendment to the Zoning Ordinance text relating to the control of exterior color changes in the hillside planned residential zone. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF THE ADOPTION OF APPROPRIATIONS LIMITS PURSUANT TO ARTICLE XIIIB OF THE STATE CONSTITUTION. Mr. Altman stated that there was a memo in the packets with a resolution setting the appropriations limits. He recommended adoption of the resolution. 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 Kelly moved to waive further reading and adopt Resolution No. 88-55, establishing the apPropriattons limit For the 1988- 89 Fiscal Year. Motion was seconded by Crites and carried by unanimous vote of the Council. 12 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • C. REQUEST FOR CONSIDERATION OF THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 1988-89. Mayor/Chairman Benson convened the Redevelopment Agency meeting at 7:15 p.m. for the purpose of conducting a Joint City Council/Redevelopment Agency Public Hearing. ROLL CALL Present: Member Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Vice Chairman S. Roy Wilson Chairman Jean M. Benson Mr. Altman reported that meetings had been held relative to the proposed budget for the past day and a half. He said the changes made during those sessions had been included In the report given to the Council/Agency Board by Finance Director Paul Gibson. He recommended approval of the give actions listed on the Agenda. Mayor/Chairman 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/Member Crites stated that the budget process began several months ago with a joint meeting of the Council and staff to set priorities. He said It had also gone through several subcommittees, such as Outside Agency Contributions, and had been discussed and debated in public for the last day and a half. He said there was now almost unanimous agreement on the proposed budget and that it was one which he felt the citizens of Palm Desert could be proud of. Councilman/Member Kelly stated that the Council/Agency Board wanted the public to know that a lot of time had been spent reviewing the budget and that it was not something that had just been looked at. Mayor/Chairman Benson stated that each item in the budget had been reviewed and that the efforts on the part of staff had been recognized. She said the Council/Agency Board was pleased with the manner in which it had been presented. 13 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • ■ Councilman/Member Snyder said that the budget indicates an estimated City revenue of $11.391 million, with estimated expenses of $10.198 million. He said the City was in fine financial shape and that the was a tribute to staff and everyone who worked on It. Councilman Snyder moved to waive further reading and adopt Resolution No. 88-68, adopting a program and financial plan for the fiscal year July 1, 1988, through June 30, 1989. Motion was seconded by Kelly and carried by unanimous vote of the Council. Member Crites moved to, by Minute Motion, approve the 1988-89 Fiscal Year Budget for the Redevelopment Agency. Motion was seconded by Kelly and carried by unanimous vote of the Agency Board. Councilman Snyder moved to waive further reading and adopt Resolution No. 88-69, adopting allocated classifications, authorized positions, compensation plan and related employee benefits for the 1988- 89 Fiscal Year. Motion was seconded by Kelly and carried by unanimous vote of the Council. 7:21 p.m. by Wilson Member Crites moved to adjourn the Redevelopment meeting at to the close of the City Council meeting. Motion was seconded and carried by unanimous vote of the Agency Board. D. REQUEST FOR CONSIDERATION OF ACTION NECESSARY TO FINALIZE ANNEXATION NO. 22 INVOLVING THE VALLEY INDUSTRIAL PARK AND COUNTRY CLUB ESTATES RESIDENTIAL AREA ON THE WEST SIDE OF COOK STREET NORTH OF THE WHITEWATER CHANNEL. Mr. Phill Drell, Associate Planner, reported that this was the final hearing and that adoption of the resolution would conclude the annexation. He reviewed the staff report, noting that the annexation was approved by LAFCo on May 26th. He said because the land to be annexed is inhabited, the hearing at this time was a protest hearing. where any resident, property owner, or registered voter had the opportunity to protest the annexation either in writing or in person. He said the law stated that written protests must be dated no sooner than the date when the notice of the hearing was published. The notice of hearing was published in this case on June 8th and. therefore, only written protests dated on or after that time would be considered valid. He said there were twc categories of protests: 1) Property owners - if protests received (either written or in person and not withdrawn before the end of the hearing) are equal to or greater 14 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • than 25% of the property owners in the area who represent 25% of the assessed valuation, the Council cannot approve the annexation and must order that an election be held; and 2) Registered voters - protests by 257% or more of registered voters will also trigger an election. If it exceeds 50%, it would be a clear indication that the majority are against the annexation, and the proceedings would be terminated. Mr. Smith said that the Council had received copies of 48 protests received from property owners in the Valley Industrial Park. However, only nine of the protests were dated after June 8th, and none of the nine were registered voters. Mr. Smith noted the following: 1) Any approval already received from the County will be honored by the City for as long as the life of that approval; 2) Any use in the Industrial area which is legal under the County will be legal under the City as well. This would include the parking arrangement, which would not meet current City codes; 3) In residential areas, any uses now permitted by the County will be allowed under the City and will be grandfathered In. New uses will have to comply with current City codes. Mayor Benson declared the public hearing open and invited testimony in FAVOR of this request. The following individuals spoke in favor based on lower property taxes, increased enforcement of codes,: MR. BILL ALEXANDER, 555 West Baristo Road, #7 (Also owns a building at 74-818 Joni Drive, Palm Desert. MR. DICK POWELL, 74-613 Merle Drive. M5. VIRGINIA JOHNSON, 74-700 Gary Avenue, said she felt annexing to the City would help clear up the area due to people working on cars at their homes. MR. HUGH HOARD, 74-991 Joni Drive, stated that although he had signed a protesot, he now knew the facts and was now in favor of the annexation. He felt it would improve the area. MR. HARRY McMILLAN, 74-807 Leslie. 15 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Benson invited testimony in OPPOSITION to the annexation. The following individuals were opposed based on decreased Police and fire protection, zoning restrictions, stricter codes, increased costs, and higher taxes: MS. NANCY VAN COOK, 74-873 Merle Drive, said she felt the matter should be placed on the ballot. MS. MAUREEN HEEMSTRA, 74-862 Leslie. MR. ANDY FARGO, 915 B Street, Cathedral City (owns property with Ms. Van Cook at 42-521 Claudia Street). MR. SID HEEMSTRA, 74-862 Leslie. MR. DAN KELLY, 48-900 Paisano, said he owns one of the last three undeveloped properties in the area and was speaking neither for nor against the annexation. He expressed concern with his property and said his project had already been approved by the County. Mr. Diaz responded that the City would honor that approval for as long as it was valid. Mayor Benson declared the public hearing closed. Mr. Erwin stated that based upon the petitions that had been filed and the necessity to compare those petitions with the registered voter rolls, he recommended continuing the matter to the next meeting to allow staff to verify signatures with the Elections Department to see if there are sufficient registered voter protests. He said it did not appear as if there was sufficient property owner protest. Mayor Pro-Tem Wilson moved to continue this matter to the meeting of July 14, 1988, and direct staff to report back to the Council relative to the number of registered voters protesting the annexation. Motion was seconded by Snyder and carried by unanimous vote of the Council. E. CONSIDERATION OF APPROVAL OF AMENDMENTS TO OR THE POSSIBLE VOIDING OF THE EXISTING DEVELOPMENT AGREEMENT SPECIFYING TERMS AND CONDITIONS FOR THE MARKETING AND SALES OF RESIDENTIAL CONDOMINIUM IN MOUNTAIN VIEW FALLS. Mr. Diaz reviewed the staff report, noting that this was a recipient of the 25% density bonus. 16 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23. 1988 * . . . . * . . . . . . . * . • Mayor Benson declared the public hearing open and invited testimony in FAVOR of this request. MR. JOHN DOUGLAS, 68-895 Perez Road, Cathedral City, spoke as the applicant and said he would like to go ahead with the building of these last units. He said in order to do so, he needed a construction loan, which was predicated on the reassessed value of the homes to be sold. He asked that the Council approve the recommendation by staff. MR. ROBERT SCHMITZ, 311 Tava Lane, spoke as President of the Mountain View Falls Homeowners Association in support of Mr. Douglas. Mayor Benson invited testimony in OPPOSITION to this request, and none was offered. She declared the public hearing closed. Mayor Pro-Tem Wilson moved to waive further reading and pass Ordinance No. 545 to second reading, declaring that the conditions and intent of DA 2 have been met and terminating the agreement. Motion was seconded by Kelly and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session at 8:15 p.m. pursuant to Government Code Section 54956.8, Real Property Transactions and 54956.9 (a) and (b), Pending and Potential Litigation; said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Wilson and carried by unanimous vote of the Council. Mayor Benson stated, "Before we go to the Closed Session, I would just like to make a comment on behalf of the City of Palm Desert. You have heard rumors throughout the area that the City has signed an agreement on the Sunterra/Indian Wells lawsuit, and I would like to say that that is not true. We are scheduled for a hearing beginning July 8th, and the court trial is set -c.r July 15. So we would like to put those rumors to rest. Our main concern throughout all these prenegotiations has been the traffic situation. It has not been met to our satisfaction and, therefore, we are proceeding in this manner." 17 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 . . . . . . . . . . . . . . • . . . . • . . • . . Mayor Benson reconvened the meeting at 8:44 p.m. and immediately adjourned with no action announced. ATTEST: SHEILA R. GILCIGAN, CIT CLERK CITY OF PALM DESERT, LIFORNIA 18 ,/i 1--".----1.4 VL M. BENSON. MAYOR MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT 'A" INTEROFFICE MEMORANDUM T0: City Council and Clty Manager FROM: Richard J. Folkers, Assistant Clty Manager/Public Works Director SUBJECT: REQUEST BY JOIIN LUERA FOR MODIFICATION OF GRADING PLAN DATE: June 23. 1988 RE COMMF NDAT I ON : By minute motion, approve the request by staff for a finish floor elevation of 97.5 feet for the subject property located at 73-016 Bursera Way. BACKGROUND: At the request of Mr. John Luera, the owner of the above -referenced property, a grading plan was submitted to the Public Works Department by engineering consultant, JIm Felro, which requested a relative pad elevation of 99 feet and a finish floor elevation of 99.5 feet. This would correlate to one foot and I-I/1 foot. respectively, above the lowest top of curb. It would Involve Importing over 1.000 cubic yards of fill and would place the flnlsh floor approximately one foot above the flnlsh floor of Lot 22 to the west. It would also mean fills of anywhere from two to four feet on various portions of the lot. The Public Works Department reviewed the grading plan and Engineering Technician. Ron Ayala, checked the site to review the compatibility between adlacent parcels. At that time, he also took Polaroid pictures of the subject lot, as well as the vacant lot Immediately east of it. That field reconnaissance Indicated that the property owner to the east had brought In illegal fill and raised the elevation of that lot by at least two to three feet. Since It appeared that the engineer -of -work had used that Illegally imported grade elevation. the Public Works Department Indicated to Jim Felro that the proposed elevations for the Luera property were too high. At a meeting held with Mr. Luera. JIm Felro, Ron Ayala. and myself, I Indicated my concern about the elevation and compatibility with adjacent residences. it was agreed that the property owner, who desired to build a house as soon as possible. would contact the adjacent neighbors to point out the proposed flnlsh floor elevation, as well as ridge line height by the use of stakes and a pole, to insure they understood the affect that the construction of a residence would have at the requested elevation. I explained the concerns of the City Council regarding the elevation of houses In this area, and briefly discussed the situations involving the residences of Mario Lalll, Don Briscoe, and Bishop Anthony. Mr. Luera asked If the city would consider modifying their request for a lower building pad If helcjbtalned letters of approval from the eight surrounding property owners. The answer was affirmative from the Public Works Director. PRELIMINARY MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL JUNE 23, 1988 • • • • • • • • • • • • • • • • • • • • • • • • EXHIBIT "A" City Council and Clty Manager Page 2 June 23, 1988 1 Indicated that I would check the site after the meeting to determine if the clty's recommendation could be modified to enable the pad elevation to be raised as requested. Upon checking the site the next morning, It was found that considerable illegal fill had been placed on the subject property. Approximately two-thirds of the site was covered with fill that had been leveled off. I contacted Mr. Luera and he Indicated that he had an opportunity to get a considerable amount of fill at a very reasonable price. so he proceeded to do so In anticipation of receiving the clty's approval for the higher pad elevation. At that time, I Indicated this was not an acceptable practice and that It was my feeling that the proposed finish floor elevation of 99.5 feet was too high. Even though the surrounding neighbors had consented to the higher elevation, It was felt that this would be unacceptable when the house was eventually constructed. Mr. Luera Inquired as to what action could be taken to override the decision of the Public Works Department and It was pointed out that the Clty Council had the authority to override a decision of this type. As a result, Mr. Luera and his engineer, Jim Felro, attended the City Council meeting on June 9, 1988, to request Clty Council's approval of the higher elevation. RICIIARD J. FOLKERS, P.E. RJF.ms (WED AND CONCUR ITY MANAGER 20 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL • • • • • • • • • • • • • • • • Ff1'A 0 \ . June 21, 1988 EXHIBIT "B 1 1 1'...'u l'.,11 . n.,n 71061 11 i'.nou, Sint. 511 1'..I11111, :XII ( A 912611 tir. Ramon A. Diaz Assistant City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Diazi w (619) 111 4888 011we (619) 5(41 9958 FAX JUN 2 2 1988 l /''awl�•1•i/ Or .I ILE/11 NI (.I I•.r.IMINI 111( JUNE 23, 1988 • • • • • • • • We are in reoeipt of your letter dated June 16. As per my disouesion with Mr. Phillip Drell, you oan inform the City Counoil that we have immediately reviewed the oity'e oonoerne with our advisors and have oonoluded to implement and prooeed without further delay. Already we have asked our landaoape arohiteot, Ron Gregory b Aesooietee, to prepare a plan for approval by the Arohiteotural Committee. Our oontraotor, 11r. Dan Foxx, will be in 000rdination with your office on the timing of the piok up list sent to us inoluding the storefront glees installation. As we hed disouseed, the only delay here is we have a number of leases to oonolude and we felt it foolish to put in the glass only to teke it out a few weeks later - let alone the additional expense that is involved. But understanding the Counoil'e oonoerne, we will expedite this whole eubjeot, hopefully to everyone's satisfsotion. Very truly yours, Fr,4/ . Fern Mehhag ng Partner FAF/br `3