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HomeMy WebLinkAbout1988-03-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 24, 1988 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. I[. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Jean M. Benson IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Excused Absence: Councilman 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/Public Information Officer Joseph Gaugush, Associate Engineer Ramon A. Diaz, Director of Community Services/ACM Kirby J. Warner, Director of Economic Development/ACM Paul S. Gibson, Finance Director Patrick Conlon, Director of Building 8 Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 10. 1988. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrarr Nos. WR-0210. wR-0212, and WR-0303. . Rec: Approve as presented. MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL MARCH 24, 1988 • • • • • • * • • • • • * • • • • * • • • * • • • C. CLAIM AGAINST THE CITY (NC____067) by Col ich and Sons for Indemnity in an Undetermined Amount. Rec: By Minute Motion: 1) Deny the Claim and instruct the Cit\, Clerk to so advise the Claimant; 2) Authorize the filing of a Cross - Complaint against Co) ich and Sons. D. CLAIM AGAINST THE CITY (NO. 069) by Palm Desert Water and Services District in the Amount of $10,000. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. E. CLAIM AGAINST THE CITY (NO. 070) by Palm Desert Water and Services District in the Amount of $112,631.84. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. F. REQUEST FOR AWARD OF A PURCHASE ORDER For the Purchase of a One -Ton Utility Flatbed Truck with Crew Cab. Rec: By Minute Motion, award a purchase order to the lowest responsible bidder, DeAnza Chevrolet, in the amount $17,392.48. G. RESOLUTION NO. 88-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. H. REQUEST FOR APPROVAL AND APPROPRIATION, for City's Participation in A.P.W.A. Research Foundation Program for the Development of Standards for Public Works Performance. Rec: By Minute Motion: 1) Authorize the Public Works Department to participate in the research funding for the American Public Works Association; 2) Appropriate $1,500 from the Unallocated General Fund Budget Reserve to Professional Services Account No. 4300-3090. 2 J. MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL • • • • • • • • • • • • • • • • MARCH 24. 1988 • • • • • • • • • I. STATUS REPORT ON PETITION FILED WITH THE FEDERAL COMMUNICATIONS COMMISSION (FCC). Rec: Receive and file. STATUS REPORT on El Paseo Christmas Lights. Rec: Receive and file. Councilman Wilson asked that Items D and E be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Upon motion by Crites, second by Snyder, the Consent Calendar, with the exception of Items D and E, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VII1. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 518 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE N0. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-3, S.P.. TO PR-3.5, S.P. Mr. Altman stated that this ordinance was introduced s' the Counci 1 's October 8, 1987 , meeting and wa, inadvertently not brought back for second reading. r� recommended adoption. Councilman Crites moved to waive further reading and ado - Ordinance No. 518. Motion was seconded by Snyder and carried b. unanimous vote of the Council. 3 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL MARCH 24, 1988 • • • • • * • • • • • • • • • • • • • • • • • • • B. ORDINANCE NO. 532 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.86, SECTIONS .090, .100. .120, .170, .180, .190, AND .200 OF THE CODE OF THE CITY OF PALM DESERT, RELATING TO MASSAGE ESTABLISHMENTS, BATHHOUSES, ESCORT BUREAUS, AND INTRODUCTORY SERVICES. Mr. Altman stated that this ordinance was introduced at the last meeting and recommended its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. 532. Motion was seconded by Crites and carried by unanimous vote of the Council. C. ORDINANCE NO. 533 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FOR 34 ACRES OF LAND AT THE NORTHEAST CORNER OF COOK STREET AND HOVLEY LANE. CASE NO. C/Z 87-5. Mr. Altman reviewed the staff report and recommended adoption of this ordinance. Councilman Snyder moved to waive further reading and adopt Ordinance No. 533. Motion was seconded by Wilson and carried by unanimous vote of the Council. 1X. CONSENT ITEMS HELD OVER D. CLAIM AGAINST THE CITY (NO. 069) by Palm Desert Water and Services District in the Amount of $10,000. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. E. CLAIM AGAINST THE CITY (NO. 070) by Palm Desert Water and Services District in the Amount of $112,631.84. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. Mr. Phillips requested that these items be discussed during Closed Session, pursuant to Government Code Sections 54956.9 (a) and (b). X. NEW BUSINESS None 4 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL MARCH 24, 1988 • • • • • • • • • • • • • • • • • • • • ♦ • • • • XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF MITIGATION OF OUTSTANDING CONDITIONS OF APPROVAL - PALM DESERT TOWN CENTER. (Continued from the Meeting of February 25, 1988) Mr. Altman stated there was a memo in the packets recommending that the Council: 1) Approve the invoicing of $210,000 to finalize the outstanding balance owed the City of Palm Desert; and 2) Approve the commencement of construction of the remaining four requirements, as listed on Page 3 of the staff report, for the Palm Desert Town Center after the Federal Aid Urban (F.A.U.) project has been completed. He offered to answer any questions. Councilman Wilson stated that the subcommittee appointed at a previous Council meeting had met and gone over the original conditions and the rationale for this recommendation. He said he felt comfortable with the recommendation. Councilman Wilson moved to, by Minute Motion: 1) Approve the invoicing of $210,000 to finalize the outstanding balance owed the City of Palm Desert; and 2) Approve the commencement of construction of the remaining four requirements, as listed on page 3 of the staff report, for the Palm Desert Town Center after the Federal Aid Urban (F.A.U.) project has been completed. Motion was seconded by Snyder and carried by unanimous vote of the Council. XII. OLD BUSINESS A. REQUEST BY SANDY BAUM FOR RECONSIDERATION OF CONDITIONS OF APPROVAL FOR RESIDENCE INN TO BE LOCATED AT THE CORNER OF HIGHWAY 1 1 1 AND DEEP CANYON ROAD IN THE CITY OF PALM DESERT. CASE NO. 86-45. Mr. Altman said a letter had been received from Mr. Baum requesting that this item be continued to the meeting o* April 14th. Councilman Wilson moved to. by Minute Motion, continue this matter to the meeting of April 14. 1988. Motion was seconded by Snvde- and carried by unanimous vote of the Council. 5 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL MARCH 24, 1988 • • • • • • • • • • • • • • • • • • • • • • • • XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Altman reminded everyone of the upcoming Town Hall Meeting to be held on April 7th from 6-8 p.m. He said the theme would be "Earthquake Preparedness", and he encouraged everyone to attend. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites said he had a copy of a letter which had been sent to the Public Works Department from the City of Rancho Mirage concerning a sidewalk on Monterey Avenue from Clancey Lane to Park View Drive. He asked if this was something the City was in the process of doing. Mr. Altman responded that he and Mr. Folkers had met with the Rancho Mirage City Manager and Engineer. He said the consensus was that a sidewalk would not be feasible but that Monterey Avenue needed to be realigned. He said there were no funds budgeted for the realignment at this time, but it would be included in discussions for the 1988-89 budget. o City Council Committee Reports: 1. Councilman Wilson read a Statement of Purpose which had been endorsed by the Economic Development Advisory Committee at its last meeting (attached hereto and made a part hereof as Exhibit "A"). Councilman Crites moved to. by Minute Motion, endorse the Economic Development Advisory Committee's Statement of Purpose. Motion was seconded by Benson and carried by unanimous vote of the Council. 2. Councilman Wilson reported that the Advertising 8 Promotion Committee had spent several months discussing what had -been done in the past, what 6 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL MARCH 24, 1988 * a * a * * * * • should be done now, and changing the focus of the Committee as far as promoting the City. He said the Committee was thinking of changing its name to "Activities Promotion Committee" and focusing more on promoting local events and planned to work closely with the Chamber of Commerce to coordinate activities and brochures that are sent out. The Committee had also discussed the formation of a news bureau to put out press releases to advertise these events in the City. He added that the 1988-89 budget for this committee would reflect this ..hange of direction. 3. Mayor Benson said she and Councilman Wilson had attended the Chamber of Commerce Business Outlook Conference held at the Ramada Inn on March 19th. She said the Chamber should be congratulated for its efforts in getting the goals and objectives of the community in tune with those of the City. MR. DAN EHRLER, Executive Director of the Chamber, expressed appreciation for the City's participation in the Conference and said each participant would receive a copy of the goals and objectives decided upon at that meeting. He said another meeting would be held for those who were unable to attend on the 19th. 4. Councilman Crites reported on the National League of Cities Conference in Washington, D.C.. which he and Mr. Ortega had attended. Mr. Ortega reported on the meeting he has attended with the Chief of the Cable Bureau for the FCC. He said the FCC would be making a determination on the three station effective competition issue, which the City had been fighting for. XIV. ORAL COMMUNICATIONS - B None 7 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL MARCH 24, 1988 • • • • • • • • • • • • • • • a • • • • • • • • • Upon motion by Wilson. second by Crites, and unanimous vote of, the City Council, Mayor Benson adjourned the meeting at 4:30 p.m. to "tosed Session pursuant to Government Code Section 54956.8. Real Property Transactions and 54956.9 (a) and (b). Pending and Potential Litigation. =he reconvened the meeting at 5:00 p.m. and recessed for dinner. Mayor Benson reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Councilman Crites moved to approve the staff recommendations for Items D and E of the Consent Calendar, which were removed from the Consent Calendar and discussed during Closed Session. Motion was seconded by Benson and carried by unanimous vote of the Council. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT to the Rent Review Commission to Fill the Vacancy Created by the Resignation of Sabby Jonathan. Councilman Wilson moved to, by Minute Motion, continue this item to the meeting of April 28, 1988. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. PROCLAMATION Declaring the Month of April, 1988, as Earthquake Preparedness Month in the City of Palm Desert. Mayor Benson said in addition to this proclamation, Earthquake Preparedness would be the topic for the Town Hall Meeting on April 7th. She said the community needed to be alerted as to what they can do to prepare themselves and their homes for an earthquake. C. PROCLAMATION Declaring Saturday, March 26, 1988. as Big Horn Sheep Day in the City of Palm Desert. Mayor Benson read the proclamation declaring Saturday, March 26th, as Big Horn Sheep Day in the City. 8 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL MARCH 24, 1988 • a a a a * a a a * a a * a a * a a * * * a- * a * XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF A STREET NAME CHANGE FOR A PORTION OF BURSERA WAY TO EDGEHILL DRIVE. Mr. Altman stated there was a memo in the packets from the Director of Public Works which gave the background for this request. 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 Snyder moved to waive further reading and adopt Resolution No. 88-32, approving a street name change for a portion of Bursera Way to Edgehill Drive. Motion was seconded by Wilson and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PREANNEXATION ZONING OF SERVICE INDUSTRIAL (S.I.), PUBLIC INSTITUTIONAL (P), AND OPEN SPACE (0.S.) AND APPLICATION FOR ANNEXATION OF APPROXIMATELY 203 ACRES ON THE EAST SIDE OF COOK STREET BETWEEN THE WHITEWATER STORM CHANNEL AND 42ND AVENUE. Mr. Diaz reviewed the staff report, noting that a letter had been received from George Ritter requesting that he be allowed to complete his project per County of Riverside standards since it was already approved. He said City policy in the past had been to allow completion of a project already approved by the County If actual construction had begun. He said staff recommended that the Council reaffirm the Planning Commission recommendation and approve the change of zone. He noted that property owners were notified by legal notice and letter. Mayor Benson declared the public hearing open- and invited testimony in FAVOR of this request. None was offered. She invited testimony in OPPOSITION to this request. MR. GEORGE BERKEY, JR., developer of 24 acres included in this preannexation zoning, read a letter to the Council (attached hereto and made a part hereof as Exhibit "B") and asked if, because he had gone through the mapping 9 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL MARCH 24, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • process, he would be allowed to develop his project under County standards. Mr. Diaz responded that the City was required to accept the parcel map if it has been approved. He said the devel.opment could proceed if: 1) the development plan itself had been approved and time had not lapsed on it; or 2) the developer had begun actual work on the project. Mr. Berkey said that several people had purchased parcels recently and did not know about this annexation. He asked whether there would be a second reading before this was final. Mr. Diaz suggested that new owners of parcels meet with City staff to look at the plans between now and second reading of the ordinance. Mr. Berkey agreed. Mayor Benson declared the public hearing closed. Councilman Wilson moved to: 1) Waive further reading and pass Ordinance No. 534 to second reading, approving the change of zone; and 2) Waive further reading and adopt Resolution No. 88-33, initiating Annexation No. 24. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Wilson, second by Crites, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 7:25 p.m. SHEILA R. GILLLIGAN/tITY CLERK CITY OF PALM DESERT, CALIFORNIA JE4M M. BENSON, MAYOR 10 MINUTES REGULAR MEETING.OF THE PALM DESERT CITY COUNCIL MARCH 24, 1988 * * * * * * * * * * * * * * * * * * * * i • * * * EXHIBIT "A" ECONOMIC DEVELOPMENT ADVISORY COMMITTEE STATEMENT OF PURPOSE The Palm Desert City Council appointed the Economic Development Advisory Committee to advise the council about strengthening our civic economy in general, with a particular mission to suggest creative economic initiatives. The committee is specifically charged with the following tasks: 1. To identify desirable economic development opportunities, that is, developmental opportunities which are (a) economically viable; (b) environmentally sensitive; and (c) compatible with Palm Desert's standing as a premier destination resort community. 2. To inform and advise the council on ways to implement these opportunities. 3. To render advice on such other matters of economic significance as the city council or staff may, from time to time, request. 11 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL - MARCH 24, 1988 * * • • • • • • • * • * * • • * • * • a • • • • • GEORGE Y A5µCR,CIATES, INC. GEORGEV BERKEY GEORGEP BERKEY DUKE BAKER MARCO BARLEY DICK BARLEY ELDON E GILL WILLIAM M TALBOTT FADI A SAAB REBECCA M PA;TON STEPHENM KROESING March 24, 1988 The Honorable Clty Council City of Palm Desert Palm Desert, CA 92260 RE: Case No. C/2 88-1 Dear Members of The Council: With partners we own approximately 14 art rc which has been subdivided and Is now known as par eel map No. 21898. The lots are under contracts for sale to buyers who expect to develop under County standards and have already spent money for architecture, engineering, etc. We would be happy to he In the Clty but believe that you should either omit the land from reroning and annexation or permit our buyers to develop their property under the County standards. This Is a very serious matter to us and can be very costly, so we respectfully ask for your favorable decision. Please consider this to be a formal request to be omitted from the annexation unless development can be done under County standards. Sincerely, George V. Berke GVB:cm 41.555 COOK STREET. SUITE 200 • PALM DESERT. CALIFORNIA 92260 • 6191346 6677 12 GEORGE BERKEY & ASSOCIATES, INC. COACHELLA VALLEY REAL ESTATE SINCE 1946 GEORGE V. BERKEY GEORGE P BERKEY DUKE BAKER MARGO BAXLEY DICK BAXLEY ELDON E. GILL WILLIAM H. TALBOTT FADI A SAAB REBECCA M. PAXTON STEPHEN M. KROESING March 24, 1988 The Honorable City Council City of Palm Desert Palm Desert, CA 92260 RE: Case No. C!Z 88-1 Dear Members of The Council: With partners we own approximately 24 acres which has been subdivided and is now known as parcel map No. 21898. The Tots are under contracts for sale to buyers who expect to develop under County standards and have already spent money for architecture, engineering, etc. We would be happy to be in the City but believe that you should either omit the land from rezoning and annexation or permit our buyers to develop their property under the County standards. This is a very serious matter to us and can be very costly, so we respectfully ask for your favorable decision. Please consider this to be a formal request to be omitted from the annexation unless development can be done under County standards. Sincerely, George V. Berkey GVB:cm 41-555 COOK STREET, SUITE 200 • PALM DESERT. CALIFORNIA 92260 • 619/346-6677