HomeMy WebLinkAbout1989-07-20MINUTES
ADJOURNED PALM DESERT CITY COUNCIL MEETING
THURSDAY, JULY 20, 1989
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER
Mayor Wilson convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Buford A. Crites
III. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tem Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor S. Roy Wilson
Also Present:
Bruce A. Altman, City Manager
Doug Phillips, Deputy City Attorney
Carlos L. Ortega, ACM/RDA Executive Director
Mary P. Frazier, Deputy City Clerk
Ramon A. Diaz, ACM/Director of Community Development/Planning
Joseph Gaugush, Senior Engineer
Paul Shillcock, ACM/Director of Economic Development
V. CONSENT CALENDAR
A. MINUTES of the Adjourned City Council Meeting of June 15,
1989, and the Regular Meeting of June 22, 1989.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR0602, WR0605, WR0608, WR0611, and WR0615.
Rec: Approve as presented.
MINUTES
ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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C-1. AMENDED CLAIM AGAINST THE CITY by Southern California
Edison in the Amount of $3,927.10 for Alleged Damages
(Claim No. 103).
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so advise the Claimant.
C-2. CLAIM AGAINST THE CITY by Barbara Stanley in the Amount of
$250.00 for Alleged Damages (Claim No. 113).
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so notify the Claimant.
C-3. CLAIM AGAINST THE CITY by Phyllis Johnson in the Amount of
$122,142.84 (Claim No. 114).
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so notify the Claimant.
C-4. CLAIM AGAINST THE CITY by Sheri Frame in an Amount in
Excess of $100,000 for Alleged Damages (Claim No. 115).
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so notify the Claimant.
D-1. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for the Purchase of Three Pick -Up Trucks and One Cargo Van
(Contract No. 00-376).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the purchase of
the subject vehicles.
D-2. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for the Purchase of Two One -Ton Flatbed Dump Trucks for
the Maintenance Division (Contract No. 00-377).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the purchase of
the subject vehicles.
E-1. REQUEST FOR ACCEPTANCE OF WORK on Contract No. 00-336,
Allred 8 Kyser, for Magnesia Falls Bikepath.
Rec:
By Minute Motion, accept the work as complete
and authorize the City Clerk to file a Notice of
Completion with the Riverside County Recorder's
Office.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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E-2. REQUEST FOR ACCEPTANCE OF WORK on Contract No. 00-331,
Rubberized Crackfill Sealant, Inc., for the 1988-89 Crack
Sealing Program.
Rec:
By Minute Motion, accept the work as complete
and authorize the City Clerk to file a Notice of
Completion with the Riverside County Recorder's
Office.
F. REQUEST FOR APPROVAL to Release Maintenance Security for
Tract No. 21791 (Germain Development Corp., Inc.).
Rec:
By Minute Motion, authorize the City Clerk to
release the one-year public improvement
maintenance security for Tract 21791.
G. REQUEST FOR APPROVAL to Release Subdivision Improvement
Security for Tract Map 21718 (Griffin Centers, Inc.).
Rec:
By Minute Motion, accept the subdivision
improvements as complete and authorize the City
Clerk to release the subdivision improvement
securities.
H-1. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract
No. 00-334, Allred & Kyser Construction Company, for the
Curb 8 Gutter and Cross Gutter Repair Program.
Rec:
By Minute Motion, ratify the City Manager's
approval of the subject Change Order in the
amount of $9,200.00.
H-2. REQUEST FOR RATIFICATION. of Change Order No. 3 to Contract
No. 00-336, Allred & Kyser Construction Company, for the
Magnesia Falls BIkepath In the amount of $340.50.
Rec: By Minute Motion, ratify the City Manager's
approval of the subject Change Order.
I-1. REQUEST FOR APPROVAL of Change Orders No. 4 and 5 to
Contract No. 00-298, Roberts Construction Company, Joslyn
Cove Communities Senior Center Expansion Project.
Rec:
By Minute Motion, approve Change Orders No. 4
and 5 to Contract No. 00-298 in the respective
amounts of $7,501.00 and $6,999.00.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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I-2. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No.
00-334, Allred and Kyser Construction Company for 1988
Curb & Gutter and Cross Gutter Repair Program.
Rec:
By Minute Motion: 1) Approve Change Order No. 2
to Allred and Kyser Construction Company for
necessary work on the 1988-89 Curb & Gutter
Repair Program in the amount of $10,154; and 2)
Authorize the transfer of $ 1 0, 1 54 from the
Street Resurfacing Account No. 110-4311-3320 to
the project budget.
J-1. RESOLUTION NO. 89-83 - 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 & Safety that have been Microfilmed
(May).
Rec: Waive further reading and adopt.
J-2. RESOLUTION NO. 89-84 - 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 & Safety that have been Microfilmed
(June).
Rec: Waive further reading and adopt.
K. RESOLUTION NO. 89-85 - A Resolution of the City Council of
the City of Palm Desert, California, Proceeding with the
Widening of the South Side of Hovley Lane Between
Corporate Way and Portola Avenue, Under Ordinance No. 416,
Pursuant to "The Improvement Act of 1911".
Rec: Waive further reading and adopt.
L. REQUEST FOR APPROVAL of Contract No. 00-378 with Charles
H. Davis, dba Davis & Associates, Advertising Services for
Fiscal Year 1989-90.
Rec: By Minute Motion, approve the contract and
authorize the Mayor to execute same.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
M. REQUEST FOR APPROVAL of Contract No. 00-379 with Judicial
Data Services for Processing of Parking Citations.
Rec:
By Minute Motion, approve the contract with
Judicial Data Services, a division of Optimal
Data Corporation, for parking citation processor
services at a cost of $1.35 per citation filed,
and authorize the Mayor to execute same.
N. RESOLUTION NO. 89-86 - A Resolution of the City Council of
the City of Palm Desert, California, Making Changes to the
Work and the Assessment in Connection with Assessment
District No. 87-1.
Rec: Waive further reading and adopt.
0. REQUEST FOR APPROVAL of Contract No. 00-380 for South Side
Hovley Lane Ordinance 416 Street Widening between
Corporate Way and Portola Avenue.
Rec:
By Minute Motion: 1) Authorize the Mayor to
enter into an agreement with Charles Haver 8
Associates, a Division of Robert Bein, William
Frost and Associates, in an amount not to exceed
$9,700 for the design of street improvements for
the subject project, and authorize a ten percent
contingency in the amount of $970.00; and 2)
Appropriate $10,670 to the project from the
Ordinance 416 revolving fund.
P. REQUEST FOR APPROVAL of Agreement No. 00-381 with the
Department of Transportation for Sweeping of the State
Highways.
Q.
Rec:
By Minute Motion, authorize the Mayor to enter
into an agreement with the Department of
Transportation, District 8, for sweeping of the
State highways.
REQUEST FOR APPROVAL of Contract No. 00-299-1 with Joe
Gonsalves and Son for Legislative Advocate Services for
Fiscal Year 1989-90.
Rec:
By Minute Motion, authorize the Mayor to execute
an agreement between Joe Gonsalves and Son and
the City of Palm Desert for Fiscal Year 1989-90.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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R. REQUEST FOR APPROVAL of Contract No. 00-382 for Landscape
Specialist.
Rec:
By Minute Motion, authorize the Mayor to enter
into an agreement with Eric A. Johnson Company
to serve as the Landscape Specialist for a one-
year period.
S-1. REQUEST FOR APPROVAL of Resolution Authorizing the
Transfer of Unobligated Funds to Capital Reserves as of
June 30, 1989.
Rec:
Waive further reading and adopt Resolution No.
89-87, amending the 1988-89 Budget to provide
for appropriations to Capital Projects Reserve
Funds as of June 30, 1989.
S-2. REQUEST FOR APPROVAL of Resolution Amending the 1988-89
Budget to Provide Supplemental Appropriations to Certain
Accounts.
Rec: Waive further reading and adopt Resolution No.
89-88.
T. REQUEST FOR REVIEW AND CONFIRMATION OF INVESTMENT POLICY.
Rec: Waive further reading and adopt Resolution No.
89-89, reaffirming the City of Palm Desert
investment policy.
U. REQUEST FOR RATIFICATION of Mayor's Signature on Quitclaim
Deed for Highway 111 Widening Project.
Rec:
By Minute Motion, ratify the Mayor's signature
on the Quitclaim Deed for the release of
temporary construction easement for the Highway
111 widening project.
V. REQUEST FOR APPROVAL of Grant of Easement for Desert Sands
Unified School District to Allow Construction of a School
Bus Bay on Rutledge Way.
Rec: By Minute Motion, authorize the Mayor to execute
the subject Grant of Easement.
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MINUTES
ADJOURNED PALM DESERT CITY COUNCIL MEETING
JULY 20, 1989
W. REQUEST FOR APPROVAL to Install a Four -Way Stop at El
Paseo and Sage Lane.
Rec:
By Minute Motion, approve a request for the
installation of four-way stop signs at El Paseo
and Sage Lane.
X. REQUEST FOR APPROVAL of Proposal for Window Shades in the
Civic Center Council Chamber.
Rec:
By Minute Motion: 1) Approved the proposal
submitted by Classic Draperies in the amount of
$1,380.98; and 2) Instruct the Director of
Finance to appropriate $1,380.98 plus $138.09
(10% contingency) from Unobligated General Fund
revenues.
Y. REQUEST FOR FORMATION OF A COMPLETE COUNT COMMITTEE FOR
THE 1990 CENSUS PROGRAM.
Rec:
By Minute Motion, establish a Complete Count
Committee for the 1990 Census Program and direct
the Mayor to appoint members to said Committee.
Mr. Altman asked that Item M be removed for separate discussion
under the Consent Items Held Over portion of the Agenda.
Councilman Kelly said he felt a public dedication or public
notice should be done to show what the City has accomplished in
this regard. Council concurred.
Upon motion by Crites, second by Kelly, the Consent Calendar,
with the exception of Item M, was approved as presented by unanimous vote
of the Council.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
None
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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V I I I . ORDINANCES
For Introduction:
A. ORDINANCE NO. 577 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 1.12
OF THE CODE OF THE CITY OF PALM DESERT PERTAINING TO
GENERAL PENALTIES (Continued from Meeting of June 22,
1989)
Mr. Altman recommended that Council table this item and
said that the item would be brought back to Council as
soon as staff is ready to proceed.
Councilman Crites moved to TABLE the ordinance. Motion was
seconded by Benson and carried by unanimous vote of the Council.
For Adoption:
None
IX. CONSENT ITEMS HELD OVER
M. REQUEST FOR APPROVAL of Contract No. 00-379 with Judicial
Data Services for Processing of Parking Citations.
Mr. Altman recommended that this matter be tabled until
additional work was completed.
Councilman Snyder moved to TABLE this item. Motion was
seconded by Benson and carried by unanimous vote of the Council.
X. NEW BUSINESS
A. PRESENTATION BY DESERT OFF ROAD ADVENTURES.
MR. BRUCE MERCY, General Manager of Desert Off Road
Adventures, addressed the Council and asked for Palm
Desert's support. He noted that during the summer, the
business operated with a skeleton staff. In response to a
question by Mayor Wilson relative to whether or not the
business was operating on Dunn Road, Mr. Mercy responded
that a permit was currently being considered. He added
that they thought they had obtained permission from the
property owner but did not realize that it went over
Bureau of Land Management property also.
Mayor Wilson stated that a member of the Council had
written a letter as an individual expressing opposition to
this business.
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MINUTES
ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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Councilman Crites responded that although he had written a
letter expressing several concerns, he was not absolutely
opposed to the business. He said some of the issues
raised in his letter had been corrected and that he had
also asked that if the Bureau of Land Management were to
approve the permit that certain items be included in that
approval. He said he had also found out that there were
some letters in opposition from the City of Rancho Mirage.
He said he would vote against supporting the business but
would not introduce a resolution in opposition. He added
that he thought the Bureau of Land Management would
approve the permit subject to some conditions and that he
would feel comfortable with that.
Mr. Mercy stated that after taking several people from
Rancho Mirage on a tour, they had reversed their stand and
would be sending letters in support. He added that the
firm had agreed to post bonds in the event there is any
damage to the environment and would also be paying a per
person amount for every individual going on the tour.
Councilman Kelly stated that he was a strong believer in
protecting the environment and did not like the idea of
off road vehicles driving where there are no roads. He
said although he felt the land should be protected, it
should not be protected to the point where no one is
allowed to go out and look at it. He added that he found
the types of people who participate in these types of
activities are very ecology minded. He also felt it was a
tourist draw for the Valley and said he would like to see
the City support the business.
Councilman Kelly moved to, by Minute Motion, direct the Mayor to
send a letter to Mr. Russell Kaldenburg, Bureau of Land Management,
stating that the City Council supports the application by Desert Off Road
Adventures with the proviso that the Bureau of Land Management will take
every precaution to ensure that there is no marking or scarring of the
environment. Mayor Wilson seconded the motion for discussion purposes
only.
Mayor Wilson said he also felt very strongly that the
environment needs to be protected, but at the same time
people should be able to enjoy what is available.
Councilman Snyder stated that he was not aware of the
restrictions that are going to be put on the approval of
this permit but would have no problem in supporting it if
the proper restrictions were imposed.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING
JULY 20, 1989
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Councilmember Benson said she did not feel it was the
Council's business to recommend one business over another.
However, as long as all of the conditions imposed by the
Bureau of Land Management are met, she would not object to
supporting the business.
Councilman Crites expressed concern with the number of
trips per day, whether or not the vehicles are kept on the
roads themselves, etc. He said the final document with
conditions was currently at the staff level of the BLM and
that they would like to see it before voting.
Upon question by Mayor Wilson relative to the timetable,
Mr. Mercy responded that the BLM was currently saying that
all documentation should be completed by July 21st. In
response to Councilman Crites, he said there would be 20
vehicle trips per day, seven days per week. They would
not go into the wash area and, in fact, had not been in
that area since April. He added that they agreed with all
of the environmental concerns.
Mayor Wilson called for the vote. Motion carried by unanimous
vote of the Council.
B. PRESENTATION BY THE GERITZ GROUP REGARDING THE ANNEXATION
OF PROPERTY INTO THE CITY.
Mr. Diaz stated that this involved land presently in the
County but in Palm Desert's sphere of influence, located
west of Highway 74 in the hillside area. He said the
owner wanted to annex the property into the City of Palm
Desert.
MR. EUGENE GERITZ, 2505 Ardath Road, La Jolla, stated that
the land was known as the Miller Family property. He
stated that he hoped to identify and address any issues of
concern to the Council and mitigate them now during the
planning process.
MR. JEFF HOWARD, 1565 Hotel Circle South, San Diego, spoke
as the architect and said they felt 250-300 units would be
the maximum achievable, dependent upon more specific site
studies of the area. He showed a slide presentation,
which included a similar project in Arizona. He noted
that the homes would blend in with the surrounding area
and that only native landscaping would be used.
Upon question by Mayor Wilson regarding where access to
the project will be in relation to Highway 74, Mr. Geritz
10
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ADJOURNED PALM DESERT CITY COUNCIL MEETING
JULY 20, 1989
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responded that it would be somewhere in the area of
Homestead Road.
Councilmember Benson asked whether the project would be
visible from Highway 74 since it would not be visible from
the Valley floor. Mr. Geritz responded that the first
time the development would be able to be seen would be at
the second bend on Highway 74.
Mayor Wilson complimented the applicants on a very
thorough and nicely prepared presentation and its
sensitivity to the environment.
Councilman Crites suggested referring the matter to staff
and added that he felt any discussion of potential
development would be premature until the City has checked
with groups such as the Bureau of Land Management and the
Mountains Conservancy group.
Mr. Diaz asked for clarification. Mayor Wilson responded
that Council wanted staff to take what is now developed
and run it by those various groups, get feedback, and
report back to the Council.
Mr. Geritz indicated that this direction to staff was
acceptable to him.
C. REQUEST FOR COUNCIL DIRECTION RELATIVE TO CONSTRUCTION OF
A SCOUT HOUSE.
Mr. Diaz reviewed the staff report, noting that the Parks
and Recreation Commission in the past had recommended that
the City consider allowing the scouting organizations to
construct a scout house on the 2-1/2 City -owned acres next
to Portola Park, adjacent to Rutledge. He said that if
the concerns of the neighbors could be mitigated, staff
would recommend that an agreement be worked out whereby
all scouting organizations would be allowed to use the
facility.
Upon question by Mayor Wilson, Mr. Diaz responded that
staff had explored the area on the Civic Center site but
felt Portola Park area was better because of its proximity
to the bike path and schools.
After additional discussion, Mayor Wilson suggested that
staff make a presentation to the adjacent neighborhood, particularly
those facing the park area, advise the citizens of the City's intent, and
ask for their input before hearing from the scouting people. Council
concurred.
11
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
D. CONSIDERATION OF REQUEST FROM THE CITY OF MORENO VALLEY
RELATIVE TO PROPOSED STATE LEGISLATION DEALING WITH SOLID
WASTE MANAGEMENT (RECYCLING).
Mr. John Wohlmuth reviewed his memo dated July 20, 1989,
and staff's recommendation that the Council authorize
staff to draft a letter for the Mayor's signature to Ms.
Judy Nieburger, Councilmember from City of Moreno Valley
and representative for Environmental Committee for the
League of California Cities, in support of legislation
establishing a statewide integrated waste management plan.
Councilman Kelly stated he felt the letter should point
out that the City already has a recycling policy but needs
State help with 1) Promotion of packaging with recyclable
materials, 2) Creating markets for the materials recycled,
and 3) Making the program more convenient to citizens and
businesses.
Councilman Crites moved to, by Minute Motion, direct staff to
prepare a letter for the Mayor's signature to Ms. Nieburger, advising her
of the City's recycling policy, expressing support of State and Federal
legislation that encourages recycling, and asking that she forward the
aforementioned comments to the League of California Cities. Motion was
seconded by Kelly and carried by unanimous vote of the Council.
E. REQUEST FOR COUNCIL DIRECTION RELATIVE TO SUPPORT FOR A
UNIVERSITY OF CALIFORNIA CAMPUS IN THE COACHELLA VALLEY.
Mr. Altman reviewed the memo in the packets and asked for
Council direction regarding this matter.
Councilman Crites stated that the Chamber of Commerce had
received a similar request. He moved to, by Minute Motion, take the same
action as the Chamber of Commerce and endorse the formation and location
of a publicly financed four-year institution in the Valley, whether it be
a California State University or a University of California. Motion was
seconded by Benson and carried by unanimous vote of the Council.
F. REQUEST FOR CONSIDERATION OF THE REPEAL OF iRS CODE
SECTION 89 - NONDISCRIMINATION RULES FOR HEALTH PLANS.
Mr. Shillcock reviewed his memorandum dated July 20th,
noting that this addressed discrimination in the provision
of health and welfare plans by employers.
Councilman Kel ly stated that another bi 11, the
Catastrophic Care Bi 1 1 , would cost a lot of the City's
senior citizens a lot of money and would have a far bigger
12
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
impact on the citizens of Palm Desert than would this
bill. He said perhaps the Council should start taking
action on all those things that have an impact on the City
and its citizenry.
Councilman Snyder moved to, by Minute Motion, direct staff to
send letters to the National League of Cities and appropriate legislators
indicating the City's support of the repeal of Section 89. The motion
died for lack of a second.
Councilman Crites stated that he would want more
information about why this bill should be repealed and
what the benefits would be before he could vote.
Mr. Altman responded that one of the problems with this
Section was its ambiguity and the fact that not many
people knew what it was all about. He added that staff
did not have any strong feeling either way.
Councilman Crites said he felt this item should be tabled to
allow staff to decide if the issue is important enough to bring back to
Council. Council concurred. Councilmember Benson added that this matter
should wait until more information is received from the League of
California Cities.
G. REQUEST FOR CONSIDERATION OF ASSIGNMENT AND EXTENSION OF
TIME - COOK/HOVLEY DEVELOPMENT AGREEMENT.
Mr. Phillips stated that the applicant was proposing to
assign the rights of the development agreement to a
limited partnership, Chaparral/Palm Desert, Ltd., which
was the same as the original partnership plus one
individual. He said the second request was for an
extension of time for a period of one year from the close
of escrow on Parcel 2, Parcel Map 22794.
Councilman Snyder moved to, by Minute Motion: 1) Consent to
assignment of Development Agreement to Chaparral/Palm Desert, Ltd., a
California Limited Partnership; and 2) Approve an extension of time for
construction pursuant to Condition 2, Conditions of Approval for Case No.
PP87-37, Resolution No. 88-98, to one year from close of escrow on Parcel
2, Parcel Map 22794. Motion was seconded by Benson and carried by a 4-1
vote, with Councilman Kelly voting NO for reasons stated at previous
meetings.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
H. INFORMATIONAL ITEMS:
1. Status of Multi -Agency Library Project.
Mr. Ortega reviewed the staff report and stated that
no Council action was necessary.
2. Update on Palmer CableVision.
Mr. Ortega updated the Council on the Palmer
CableVision matter before the Federal Communications
Commission. He noted that it appeared that the new
Channel 55 did meet the criteria as a signal into
this area; however, the FCC still needed to make the
final decision.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. New Desert Symphony
Mr. Altman reported that this item had come up after
the Agenda was posted and was one which needed to
have Council consideration at this time.
Councilman Crites moved to add this item to the Agenda as one
which arose after the Agenda was posted. Motion was seconded by Kelly
and carried by unanimous vote of the Council.
Mr. Altman reviewed the request by the New Desert
Symphony that the City purchase a table of ten seats
(one table) at $250. 00 per table for its July 29th
benefit. He distributed copies of a memorandum from
Mr. Paul Shil)cock describing the Symphony and this
event in more detail.
Councilman Crites moved to, by Minute Motion, approve the
request and authorize the expenditure of $250.00 to purchase a table of
ten seats for the July 29th benefit.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING
JULY 20, 1989
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Councilmember Benson stated she would hesitate to get
involved with this because of other requests for
funding that will be coming in. She said she felt
this should go to the Activities Promotion Committee
to be supported on a broader level and that she did
not feel the City should be purchasing tickets.
Councilman Kelly seconded the motion by Crites. Motion carried
by a 3-2 vote, with Councilmembers Benson and Snyder voting NO.
B. CITY ATTORNEY
1. Certificate of Compliance No. 89-1, Subdivision
Mr. Phillips stated that this item had come up after
the Agenda was posted and required Council
consideration. He said this was regarding a parcel
which was subdivided in 1945 under applicable rules
at that time. He said the need for the rush was
because escrow as about to close and could not close
unless the Certificate of Compliance was executed and
recorded. He added that it would require a 4/5ths
vote of the Council to be added to the Agenda.
Councilman Crites moved to add this item to the Agenda as one
which arose after the Agenda was posted. Motion was seconded by Snyder
and carried by unanimous vote of the Council.
Mr. Gaugush reviewed the staff report and offered to
answer any questions.
Upon question by Councilmember Benson, Mr. Lynn
Crandall, attorney for the applicant, stated that
there was an existing project by Chazen which this
adjoined. He added that it was a date grove.
Councilman Kelly moved to, by Minute Motion, authorize the City
Engineer to execute Certificate of Compliance No. 89-1, Subdivision, and
cause said certificate to be filed for record with the Riverside County
Recorders Office. Motion was seconded by Crites and carried by unanimous
vote of the Council.
2. Mr. Phillips asked that the Council adjourn to Closed
Session after completion of the 4:00 p.m. portion the
Agenda pursuant to Government Code Section 54956.9
(a) and (b), pending and potential litigation, and
personnel.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
I. Councilman Crites reported on the Housing
Conference he had attended approximately three
weeks ago.
XIV. ORAL COMMUNICATIONS - B
None
Councilman Kelly moved to adjourn to Closed Session at 5:56
p.m. pursuant to Government Code Sections 54956.9 (a) and (b), pending
and potential litigation, and personnel. Motion was seconded by Benson
and carried by unanimous vote of the Council.
Mayor Wilson reconvened the meeting at 7:00 p.m. with no action
announced from Closed Session.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO JULY 4TH GREATER DESERT FIREWORKS
COMMITTEE.
Mayor Wilson stated that on July 4th, Palm Desert had what
he, all of his colleagues, and the City Staff considered
an outstanding display of fireworks at College of the
Desert. He said the Council wanted to honor the Committee
that worked so hard to provide this display. He asked the
Committee members to stand, and he presented the Chairman,
Ms. Sheila Grattan, with a plaque in appreciation of all
of her efforts.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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B. CONSIDERATION OF APPOINTMENT OF MS. LOUELLEN FICKE TO THE
ACTIVITIES PROMOTION COMMITTEE TO FILL THE VACANCY CREATED
BY THE EXPIRATION OF TERM OF CAROL WHITLOCK.
Councilman Snyder moved to, by Minute Motion, appoint Ms.
LouEllen Ficke to a three-year term on the Activities Promotion Committee
to Fill the vacancy created by the expiration of term of Carol Whitlock,
term to expire in September, 1992. Motion was seconded by Wilson and
carried by unanimous vote of the Council.
Mayor Wilson explained that the Council had conducted
interviews that afternoon for the various committee and
commission vacancies. He said the Council felt very
fortunate to have so many qualified people stepping
forward to volunteer to serve their community.
C. CONSIDERATION OF APPOINTMENT TO THE RIVERSIDE COUNTY FREE
LIBRARY ADVISORY COMMITTEE TO FILL THE VACANCY CREATED BY
THE RESIGNATION OF MS. KAY KING.
Councilmember Benson moved to, by Minute Motion, appoint Ms.
Karol Schoen to the Riverside County Free Library Advisory Committee to
fill the vacancy created by the resignation of Ms. Kay King. Motion was
seconded by Snyder and carried by unanimous vote of the Council.
D. CONSIDERATION OF APPOINTMENTS TO THE CIVIC ARTS COMMITTEE
TO FILL THE VACANCIES CREATED BY THE RESIGNATIONS OF DR.
HOVAK NAJARIAN AND MS. ANDREA VON MILBACHER-KOHL (TERMS TO
EXPIRE 09/91).
Councilman Crites moved to, by Minute Motion: 1) Appoint Mr.
Alvin Marks and Ms. Lois Agnew to new, three-year terms on the Civic Arts
Committee; and 2) Appoint Mr. John Scott Dorius and Ms. Janet Brody to
fill the vacancies created by the resignations of Dr. Hovak Najarian and
Ms. Andrea Von Milbacher-Kohl. Motion was seconded by Benson and carried
by unanimous vote of the Council.
XVIII. PUBLIC HEARINGS
A. RECONSIDERATION OF ACTION TAKEN BY COUNCIL TO LEVY AND
COLLECT ASSESSMENTS WITHIN LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 2 (CANYON COVE) IN FISCAL YEAR
1989-90.
Mr. Phillips stated that, since the decision was made to
place this item on the Agenda, a lawsuit had been filed in
the Superior Court in Indio. He said it was his
recommendation that because this is an item of pending
litigation, Council should open the public hearing and
take public comment from those present. He added that it
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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was his strong recommendation that the Council make no
comment and no decision on this item.
Mayor Wilson declared the public hearing open and invited
testimony from the audience.
MR. ROBERT SANDOVER, 73-030 Deergrass, stated that he was
just getting ready to build his home and had just become
aware of this situation. He said he would like to see it
stay green and overseeded in the winter.
MR. JOE McGALLIARD, 73-310 Desert Rose, said he felt last
year that $60.00 was not adequate, recommended that $100
be assessed at that time, and recommended $200.00 this
year. He added that he wished to go on record as
supporting the greenbelt at whatever assessment may be
required.
MS. SUZANNE HOWELL, 73-350 Calliandra, asked if the
Council still planned to overseed this year.
Mr. Phillips responded that it might be up to the decision
of the Superior Court. He said the hearing was set for
August 9th and he believed that it would be decided before
it was time for reseeding to take place.
MR. RAY OTT, 72-990 Deergrass, said he wanted to assure
everyone that those who brought the lawsuit were just as
much in favor of the park remaining green as anyone else.
He added that over 50 homes had now contributed to the
expenses and legal fees of this lawsuit, which was not a
minority of the homeowners. He said the issue was not the
money but was a matter of equity, and he felt the people
who were paying for this greenbelt were less than half of
those who actually benefit by it. He said either expand
the assessment district to include everyone who benefits
or do not have one at all.
MR. TONY CAMPANERO, 73-037 Haystack, stated that he was
very proud of the Council. He said when he got the notice
of this public hearing, he thought the Council was going
to back down on its previous decision. He commended
Council for not doing so.
MR. PHIL MESSER, 72-775 Deergrass, spoke as President of
the Canyon Cove Homeowners Association and said two years
ago a committee with Jean Benson, Bruce Altman, and six
members of the association had been formed. Part of the
agreement was that the assessment would be $60 per year
assessed to the homeowners, with the City paying $120.00.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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He said he was very displeased when the Council then
reneged on the Benson/Altman agreement and determined that
the assessment would be $100.
MR. BOB SMITH, 72-710 Calliandra, stated he had as much or
more to lose if the greenbelt was removed. He added that
money was not the issue here but that it had not been
handled properly.
Mayor Wilson declared the public hearing closed.
There was no Council discussion or action on this item.
B. REQUEST FOR CONSIDERATION OF THE ADOPTION BY REFERENCE OF
RIVERSIDE COUNTY ORDINANCE NO. 630.1 AND COUNTY RESOLUTION
89-148 PERTAINING TO FEES FOR CAT TRAPS.
Mr. Diaz recommended that this item be continued to the
next meeting.
Mayor Wilson declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this request. None was
offered.
Councilman Crites moved to continue this item to the meeting of
August 24, 1989. Motion was seconded by Snyder and carried by unanimous
vote of the Council.
C. REQUEST FOR APPROVAL OF A PRECISE PLAN, PARCEL MAP, AND
FIVE F00T HEIGHT VARIANCE TO PERMIT A 47,340 SQUARE FOOT
MEDICAL COMPLEX ON 4.08 ACRES ON THE EAST SIDE OF PORTOLA
AVENUE, 700 FEET NORTH OF COUNTRY CLUB DRIVE (DAVID H.
STOLTZMAN, M.D., AND MARY STOLTZMAN, APPLICANTS), Case No.
PP 89-11, VAR 89-3, PM 24630.
Mr. Phil Drell, Planner, reviewed the staff report, noting
that Public Works Condition #9 on page 4 should be amended
to read "Applicant shall emphasize drought resistant and
water conserving plant materials and irrigation
technologies into landscape plan."
Mayor Wilson declared the public hearing open and invited
testimony in FAVOR of this request.
MRS. MARY STOLTZMAN, 74-055 Highway 111, spoke as the
applicant and stated she agreed with Mr. Drell's
presentation and the modified condition. She added that
the architect and engineer were both available to answer
any questions Council might have.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING
JULY 20, 1989
Mayor Wilson invited testimony in OPPOSITION to this request.
None was offered. He declared the public hearing closed.
Councilman Kelly moved to waive further reading and adopt
Resolution No. 89-90, approving PP 89-11, VAR 89-3, and PM 24630 subject
to conditions, as amended by Mr. Drell. Motion was seconded by Wilson
and carried by unanimous vote of the Council.
D. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-I AND R-3
TO O.P. AND A 35,075 SQUARE FOOT, PARTIAL TWO-STORY OFFICE
COMPLEX AND A NEGATIVE DECLARATION, LOCATED NORTH OF
ALESSANDRO BETWEEN SAN JUAN AND SAN PASCUAL (DAVID
MANOOKIAN AND BERNARD LEUNG, APPLICANTS), Case No. C/Z 89-
6, PP 89-6, Amendment 2.
Mr. Diaz reviewed the staff report, noting that access to
the project would be solely from Alessandro, with the exit
to San Juan as a fire exit only.
Councilman Crites stated he would like to have conditions
added with regard to canopy trees and also that:11
landscaping will be maintained in perpetuity.
Mayor Wilson declared the public hearing open and invited
testimony in FAVOR of this request.
MR. DAVID MANOOKIAN spoke as the developer and stated he
would have no problem with continuing to maintain the
landscaping. He said there would be carports on the
property even though they were not shown on the plans. He
said they had gotten unanimous approval from the
Architectural Review Commission and Planning Commission.
Upon question by Councilman Crites, Mr. Bernard Leung,
architect, stated that he would make sure the trees at the
back of the lot would be in 24-inch boxes.
Mayor Wilson invited testimony in OPPOSITION to this project.
MS. FERN JACOBS, 44-801 San Pascual, stated she felt the
project would look nice but was concerned with people
parking on the street and especially in front of her
house.
Mr. Diaz responded that the original plan showed access
from the back; however, that had been changed in an
attempt to mitigate this concern. He said if there was a
problem with people parking on the residential streets,
the area could be posted to limit the parking between
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ADJOURNED PALM DESERT CITY COUNCIL MEETING
JULY 20, 1989
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specific hours but staff would not recommend posting "No
Parking" signs at this time.
Mayor Wilson asked that a condition be added where anyone
leasing offices will require their employees to use the
Parking lot and not the residential streets to park. The
developer agreed to this condition.
MR. ERIC BALSER, 44-750 San Pascual, said he would like to
see the street cul-de-sacced which was in the original
master plan. He was also concerned with the heavy traffic
in the area which he said came basically from Wise
Athletic Club. He added that he had no problem with the
building itself but did not want additional traffic put
onto the streets in the neighborhood.
Mr. Diaz responded that at the current time San Pablo
Avenue was being repaired, and people were using San
Pascual to get around the construction. He recommended
waiting until the repair work is completed and the streets
back to normal before studying San Pascual and San Juan as
a separate issue to see if the streets could be cul-de-
sacced.
Mayor Wilson declared the public hearing closed.
Mr. Diaz reviewed the added conditions: 1) Trees in the
parking area shall be canopy type trees a minimum height
of 10 feet, with a canopy of 8 feet at installation; 2)
Trees along the rear, front, and side of the project shall
be a minimum 24 inch box; 3) Council shall be informed of
the design of the carport within 15 days of design
approval by the Architectural Review Commission; 4)
Applicant shall require lessee employees to park within
the parking area, and a plan implementing that requirement
shall be submitted for City review and become part of the
file; and 5) Landscaping shall be maintained permanently.
Councilman Crites also asked that staff note that once San
Pablo repairs are completed, the traffic patterns on San
Pascual and San Juan sha l l be examined to determine if
they should be cul-de-sacced.
Councilman Snyder moved to approve the findings and 1) Waive
further reading and adopt Resolution No. 89-91, approving Precise Plan
89-6 Amendment 2, as amended by conditions as described above; and 2)
Waive further reading and pass Ordinance No. 578 to second reading,
approving the Change of Zone. Motion was seconded by Crites and carried
by unanimous vote of the Council.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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E. REQUEST FOR CONSIDERATION OF NORTH SIDE FRED WARING DRIVE
ORDINANCE 416 WIDENING FROM DEEP CANYON ROAD TO VALLEY
PALMS ESTATES.
Mr. John Wohlmuth reviewed the staff report and offered to
answer any questions.
Mayor Wilson declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this request. None was
offered. He declared the public hearing closed.
Councilmember Benson moved to waive further reading and adopt
Resolution No. 89-92, placing a lien on a property affected by the
subject Ordinance 416 widening project. Motion was seconded by Kelly and
carried by unanimous vote of the Council.
F. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND
CHANGE OF ZONE TO ALLOW CONSTRUCTION OF A 5,770 SQUARE
FOOT BUILDING ON THE SOUTHEAST CORNER OF FRED WARING DRIVE
AND SAN ANSELMO AVENUE (CHAZAN CONSTRUCTION, APPLICANT),
Case No. PP/CZ 89-10.
Mr. Diaz reviewed the staff report, noting that one of the
conditions of approval was a joint access agreement
between this property owner and the owner to the east. He
said staff would recommend imposing the same conditions of
approval as the previous project in terms of size of the
trees in the parking lot and maintenance of the
landscaping.
Councilman Crites asked if another condition could be
added whereby a building -wide sign program would be
submitted for all tenants. Mr. Diaz responded that it
could be added to the resolution.
Mayor Wilson declared the public hearing open and invited
testimony in FAVOR of or OPPOSED to this project.
MS. CHARLENE McCLA1N, 72-757 Fred Waring Drive, spoke on
behalf of Chazan Construction, and said the applicant was
aware of the reciprocal agreement with the adjacent
property owner and would do so. She said they wanted to
go ahead with the plan but eliminate the wall to the east
of the property so that when the adjacent property owner
gets ready to develop, there will be a joint driveway out
to Fred Waring. Also, rather than maximizing the square
footage on the building, they wanted to have expanded
parking and landscaping.
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MINUTES
ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
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Mr. Diaz stated that staff would not have a problem with
removing the wall and getting additional landscaping and
parking instead of adding more square footage for the
building.
MR. MATTHEW KOCHER, 18942 Pacific Coast Highway, Malibu,
spoke as one of the owners of the lot to the east. He
said they needed the access to the parking lot in order to
develop the property in coordination with the neighboring
property.
Mr. Diaz stated that the condition would read that the
applicant may bond for the wall to the east for a given
period of time and then if things could not be worked out
with the adjacent property owner, the wall would be built.
MR. JIM FOXX, 74-818 Velie Way, asked for clarification of
the parking lot and the condition regarding the driveway.
Mr. Diaz stated that the matter of access in the back
could be worked out by the developer. He recommended
introducing the ordinance at this time; then between now
and the next meeting, ask that the adjacent property
owners meet and work out details regarding access.
MR. JUDITH BURNS, 72-757 Fred Waring Drive, thanked Mr.
Diaz and noted that the same type of agreement was worked
out when Holden & Johnson built their offices. The
driveway was not completed until Dr. Bruce Baumann built
his office next door, and this arrangement seemed to work
quite nicely.
Mayor Wilson declared the public hearing closed.
Councilman Snyder moved to approve the findings and: 1) Waive
further reading and pass Ordinance No. 579 to second reading, approving
C/Z 89-10; and 2) Continue approval of Resolution No. 89-93 to the next
meeting to allow staff to add conditions of approval regarding the
driveway and joint access, canopy trees, maintenance of landscaping, etc.
Motion was seconded by Kelly and carried by unanimous vote of the
Council.
XIX. ORAL COMMUNICATIONS - 0
MR. DAN EHRLER, Vice Chairman of the Desert Commemorative
Committee, stated that when Ms. Sheila Grattan introduced
members of the committee for the 4th of July Fireworks, she
inadvertently forgot Councilmember Jean Benson. On behalf of
the entire Committee, he thanked Councilmember Benson and
expressed sincere appreciation for all of her efforts.
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ADJOURNED PALM DESERT CITY COUNCIL MEETING JULY 20, 1989
XX. ADJOURNMENT
Upon motion by Snyder, second by Kelly, and unanimous vote of
the City Council, Mayor Wilson adjourned the meeting at 8:30 p.m.
ATTEST:
h-,kA \ ';
MARY P. FR 41\ ER, DEPUTY CI T OCLERK
CITY OF PArr4M DESERT, CALIFORNIA
RO Y WILSON, MAYOR
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