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HomeMy WebLinkAbout2009-03-231 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY. MARCH 23, 1989 CIVIC CENTER COUNCIL CHAMBER • • • • . • • • . • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Councilman Richard 5. Kelly IV. ROLL CALL Members Present: Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Excused Absence: Councilmember Jean M. Benson Mayor Pro-Tem Buford Crites Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, ACM/R.D.A. Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Paul A. Gibson, Director of Finance/Treasurer Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shiilcock, ACM/Director of Economic Development Patrick Conlon, Director of Building 8 Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 9, 1989. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 0211, 0217, 0300, and 0303. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 1989 C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hamburger Hamlets, Inc. for Hamburger Hamlet of Palm Desert, 72-840 Highway 111, Space 465, Palm Desert. Rec: Receive and refer to Department of Community Services for necessary processing. D. LETTER OF RESIGNATION from David Cearley from the Activities Promotion Committee. Rec: Receive with sincere regret. E. REQUEST FOR APPROVAL of Final Map for Tract 23982, Barcon Development Co., Applicant Rec: Waive further reading and adopt Resolution No. 89-22, approving Tract No. 23982. F. REQUEST FOR APPROVAL of Addition of Monterey Avenue and Town Center Way Median Maintenance from Highway 111 to Fred Waring Drive to Contract No. 00-297. Rec: By Minute Motion, add the subject medians to maintenance contract No. 00-297 with Environmental Care Co. G. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. 00-298, Joslyn Cove Communities Senior Center Addition. Rec: By Minute Motion, approve Change Order No. 2 to Contract No. 00-298 in the amount of $3.098.00 H. MINUTES of the Building Board of Appeals 8 Condemnation Meeting of February 8, 1989. Rec: Receive and file. I. MINUTES of the El Paseo Business Association's Meeting of February 2, 1989. Rec: Receive and file. 2 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • J. REQUEST FOR SCHEDULING OF A PUBLIC HEARING for the Purpose of Considering the Vacation of Street Right -of -Way Known as Grapevine Street. Rec: Waive further reading and adopt Resolution No. 89-23. setting a public hearing for the 27th day of April. 1989. Mayor Wilson asked that Item I be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Upon motion by Snyder, second by Kelly. the Consent Calendar. with the exception of Item I, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 569 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING REGULATIONS RELATIVE TO COMMITTEE/COMMISSION MEMBER ATTENDANCE. Mr. Altman said no changes had been made to this ordinance since its introduction, and he recommended it be adopted. Councilman Kelly moved to waive further reading and adopt Ordinance No. 569. Motion was seconded by Snyder and carried by unanimous vote. 3 a MINUTES REGULAR PALM DESERT CITY'COUNCIL MEETING MARCH 23. 1989 • a • • • • • • • • • • • • • • • • • • • • • • • IX. CONSENT ITEMS HELD OVER I. MINUTES of the El Paseo Business Association's Meeting of February 2, 1989. Mayor Wilson stated he had removed this because he wanted clarification of Item CI on page 3 of the Minutes. Mr. Folkers responded that the contract referred to in the Minutes was for the engineering. He said the engineering contract had been awarded and construction was on schedule. Mr. Altman added that a letter had been received from Larry Grotbeck and that Mr. Diaz would be drafting a response because the letter was not in accordance with what was adopted by the Council. Mayor Wilson moved to, by Minute Motion, receive and file the Minutes of the El Paseo Business Association's Meeting of February 2, 1989. Motion was seconded by Snyder and carried by unanimous vote. X. NEW BUSINESS A. REQUEST FOR DIRECTION TO THE PLANNING COMMISSION RELATIVE TO NATURAL OVERLAY (NATURAL FACTORS/RESTRICTED DEVELOPMENT OVERLAY DISTRICT) SPECIFICALLY RELATED TO THE PROCESSING OF TENTATIVE TRACT MAP TT24287. Mr. Diaz revieweei the staff report, noting that a proposal had been presented for 37 single family lots on the east side of Deep Canyon, north of Fred Waring Drive, and that the Planning Commission had refe red the matter to the Council for direction as to the City's current policy concerning the preservation of the date palm trees. COUNCIL COMMENTS/QUESTIONS: Kelly: Felt single family homes was a badly needed commodity in the City and that this was a good location. Although he felt it was important to preserve the date Palm trees, he did not feel they should all have to be kept on the single family lots, especially in light of the tremendous expense to take care of them. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Snyder: Agreed with Kelly that the developer should not be forced to preserve all of the trees on the lots. Added that these were very old trees and a lot of them were dead. Wilson: Asked if there had been any problems with the date palm preserve across the street at Hidden Palms. Mr. Diaz responded that some of the trees had died and been removed. He said there was a split in the homeowners, with one group wanting to have 20-30 of the trees eliminated, and the other group wanting to keep them. He said staff had c''onsidered creating a "Date Grove Habitat" similar to the one for the Fringe -Toed Lizard Habitat in order to preserve these trees. Mayor Wilson said that Councilmembers Benson and Crites had both indicated they would like to see a date palm preserve created, with newer and younger trees in a more central location. Councilman Kelly asked if such a program could be started with this project. Mr. Diaz responded that staff would evaluate it and condition the project accordingly. Councilman Kelly moved to, by Minute Motion, direct staff to implement the program as discussed. Motion was seconded by Snyder and carried by unanimous vote. B. REQUEST FOR PARTICIPATION IN THE CELEBRATION OF YOUNG CHILDREN DAY ON SATURDAY, APRIL 1, 1989. Mr. Altman stated this item had been placed on the Agenda for discussion and Information. Mrs. Gilligan added that although the letter indicated a form was attached that needed to be completed in order to reserve a space, the form was not included. She said she had called and asked that the information be sent, and nothing had been received. Councilman Kelly moved to, by Minute Motion, receive and file the letter. Motion was seconded by Snyder and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • C. INFORMATIONAL ITEMS: MARCH 23, 1989 • • • • • • • • • • A. CVAG Initiated Transportation Program Documents. (This item was discussed after the Reports 8 Remarks portion of the Agenda). Mr. Altman stated that the Council had received copies of the staff report dated March 23, 1989, including the Transportation Uniform Mitigation Fee (TUMF) Ordinance, Amended Joint Power Agreement (JPA) for CVAG, and TUMF Program Implementation Agreement. Mayor Wilson said he had polled the other Councilmembers but needed to know how Councilmen Kelly and Snyder felt about the controversial issue of eminent domain powers for transportation purposes for CVAG. Councilmen Kelly said two major items that would come up at the Executive Committee meeting would be eminent domain power and binding arbitration for the streets and roads portion of the CVAG agreement. He said he felt binding arbitration was an absolute necessity to keep things moving along in case of a disagreement. He said the Transportation committee had recommended against eminent domain, with his being the only dissenting vote. He said he felt very strongly that the Authority should have the power of eminent domain if this program was going to move forward. MR. LESTER CLEVELAND, Coachella Valley Association of Governments (CVAG), added that he had received several recommendations from committees, the City of Rancho Mirage, and the County for changes which he felt were policy changes that would have to be acted on one by one. Mayor Wilson asked that Councilmen Kelly and Snyder review these suggested policy changes and provide a report back to him the following day so that he could take it with him on Monday evening to the Executive Committee meeting. He added that both Mayor Pro-Tem Crites and Councilmember Benson felt the eminent domain power was necessary. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23. 1989 • • • • • • • • • • • • • • • • • • • • • • • • • • B. Palmer CableVision Update. Mr. Ortega reported that in the past several weeks, he had distributed to the Council copies of the appeal of the FCC decision regarding the deregulation issue. He said he had also given the Councilmembers a copy of the letter from the consulting engineer regarding the time frame for bringing in signals. He added that the City would be working with a Councilman from the City of San Jose to prepare a position paper to be submitted to Senator Howard Metzenbaum during hedrings beginning April 4th. He concluded his report by noting that many complaints had been received from the Haystack Road area and that Palmer CableVision would be doing reconstruction work in that area to improve the service. XI. CONTINUED BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF ARCHITECTURAL REVIEW COMMISSION ACTION GRANTING PRELIMINARY APPROVAL OF BUILDING PLANS FOR PADS 1 & 8 AT 111 TOWN CENTER (Ahmanson Company, Applicant). Mr. Diaz reviewed the staff report and recommendation, noting that the overall building height on both pads had been lowered by two feet. He said Music Plus, the tenant for Pad 1. had withdrawn their previous City sign approval and would be proposing a new sign program. Upon question by Councilman Snyder, Mr. Phil Drell responded that the issues of trash collection as well as loading and unloading of merchandise, etc., were operational problems that would have to be dealt with. After additional discussion and review of the plans, Councilman Snyder moved to. by Minute Motion, affirm the action taken by the Architectural Review Commission for Pads 1 and 8. Motion was seconded by Kelly and carried by unanimous vote of the Council. XII. OLD BUSINESS None 7 MINUTES REGULAR PALM OESERT CITY COUNCIL MEETING MARCH 23, 1989 XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Altman introduced Paul Shillcock, the City's new Assistant City Manager/Director of Economic Development. 2. Art -in -Public -Places Administrative Expenses Mr. Altman asked that the Council add this item to the Agenda. Councilman Kelly moved to add this item to the Agenda as one which came up after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Altman reviewed the staff report and asked that the Council appropriate $10,750.00 from the Art -in - Public -Places unobligated fund balance to cover necessary administrative expenses associated with the City's first sculpture program. Upon question by Mayor Wilson relative to the need for a temporary clerical person, Mr. Altman responded that it would be a contract position and that there was a real push at this time to get the first piece of art done. Councilman Kelly moved to. by Minute Motion, appropriate $10.750.00 from the Art -in -Public -Places unobligated fund balance to cover necessary administrative expenses associated with the City's first sculpture program. Motion was seconded by Snyder and carried by unanimous vote of the Council. 3. Villages of Bella Vista Annexation Mr. Altman asked that this item be added to the Agenda. Councilman Snyder 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 stated that a resolution had been prepared which would finalize this annexation. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to waive further reading and adopt Resolution No. 89-26, approving Annexation No. 16. Motion was seconded by Kelly. Mr. Diaz asked that the motion include appropriating the LAFCo application fee in the amount of $1,500.00. Councilman Snyder agreed to amend his motion to include this appropriation. Councilman Kelly amended his second. Motion carried by unanimous vote. Mayor Wilson stated.for the record that he did not approve the project as currently designed but that he would not vote against the annexation. B. CITY ATTORNEY Mr. Erwin asked that the Council adjourn to Closed Session after the 4:00 p.m. portion of the Agenda pursuant to Government Code Section 54956.9 (a) and (b), pending and potential litigation. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Mayor Wilson said he had noticed there were a large number of mileage reimbursement requests after the recent budget retreat. He suggested that next year staff consider the possibility of renting a van or car pooling to the location. 2. Mayor Wilson announced that the Kaffeeklatsches were scheduled for 9:00 a.m. on the second Thursday of each month. He extended an invitation to members of the audience and asked that they pass the word. o City Council Committee Reports: 1. Councilman Kelly stated that the subject of the April 5th Mayor's Breakfast would be recycling and that he would not be able to attend. He said John Wohlmuth would be the speaker and would unveil the City's recycling mascot at that time. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 1989 • • • • • • • • • • • • • • • • • • • ♦ • • • • XIV. ORAL COMMUNICATIONS - B None Councilman Snyder moved to adjourn the meeting at 5:07 p.m. to Closed Session pursuant to Government Code Section 54956.9 (a) and (b), pending and potential litigation (Palm Desert vs. Indian Wells/Sunterra, Save -Most Desert Rancho vs. City of Palm Desert); said Closed Session to be held following adjournment of the Redevelopment Agency meeting. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mayor Wilson reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION XVI. ORAL COMMUNICATIONS - C MR. VICTOR HASLER, 44-179 Elba Court, spoke on behalf of the Board of Directors of Hidden Palms Homeowners Association. He asked for clarification of the City's policy regarding removal of date palm trees. He said although the Association used to have over 500 of the trees in the complex, there were now only about 300. He said some members wanted to have 40-50 of the trees removed and asked what the City's policy was as far as replacing the trees. Mayor Wilson responded that this had been discussed earlier in the meeting and added that Mr. Diaz would be contacting him with an official report. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RATIFICATION OF MAYOR'S APPOINTMENTS to City's Personnel Board. Mr. Altman stated that a memo had been distributed to the Counc i 1 from Administrative Services Officer Larry McAllister. He reviewed the memo and offered to answer any questions. 10 1 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to, by Minute Motion, ratify the following appointments by the Mayor to the City's Personnel Board: George Frias, Director of Human Resources, Marriott; Kermit Martin, Manager, Southern California Edison; Isabel Lozano, Marketing Director, Palm Desert Town Center; Diane Cox, Owner, Palm Desert Stationers; and Ray Burke, General Manager, Waste Management. Motion was seconded by Kelly and carried by unanimous vote. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF APPROyAL OF ANNEXATION NO. 23- APPROXIMATELY 160 ACRES, GENERALLY LOCATED NORTH OF 42ND AVENUE, EAST OF PRESENT CITY BOUNDARY, SOUTH OF LAKES COUNTRY CLUB AND WEST OF FUTURE EL DORADO DRIVE, MORE PARTICULARLY DESCRIBED AS THE SOUTHEAST 1/4 SECTION 10, T5S R6E. Mr. Diaz reviewed the staff report, noting that this public hearing was necessary because the City did not have petitions from all six property owners involved. He said staff's recommendation was that upon conclusion of the public hearing the Council adopt the resolution and appropriate the funding to complete the annexation. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this annexation. MRS. HELEN DOWLING, 43-041 Balsam Lane, Palm Desert, spoke as the Administrator of the Good Samaritan Village and urged the Council to approve the annexation. With no further testimony offered, Mayor Wilson declared the public hearing closed. Mayor Wilson said he would like to acknowledge a member of the audience --Mr. .Phil Boyd, Palm Spring's first Mayor. Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 89-24, approving annexation of 160 acres to the City known as Annexation No. 23; and 2) By Minute Motion, appropriate $1,500 from the Unobligated Reserve to 110-4111-3640 for the payment of necessary filing fees for Annexation No. 23. Motion was seconded by Snyder and carried by unanimous vote of the Council. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 23, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • B. CONSIDERATION OF APPROVAL OF ANNEXATION NO. 24 - KNOWN AS THE INDUSTRIAL AREA EAST OF COOK STREET. Mr. Diaz 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 annexation. No testimony was offered. He declared the public hearing closed. Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 89-25, approving Annexation No. 24; and 2) By Minute Motion, appropriate $1,500 from the Unobligated Reserve to 110-4111-3640 for the payment of necessary filing fees for Annexation No. 23. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mr. Diaz noted that, as a result of the three actions taken regarding annexations at this meeting, the City had added one and a half square miles to its area. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Kelly, second by Snyder, and unanimous vote of the Council, Mayor Wilson adjourned the meeting at 7:12 p.m. ATTEST: ,l r-J -'SHEILA R. GTA IGAN, cVrY CLERK CITY OF PALM DESERT, ALIFORNIA 12