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HomeMy WebLinkAbout1990-07-26MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL And Its Parking Authority THURSDAY, JULY 26, 1990 CIVIC CENTER COUNCIL CHAMBER • • • • • • • a • • a • • • • • • • • • a • I. CALL TO ORDER Mayor Crites convened the meeting of the Palm Desert City Council and Parking Authority at 4:00 p.m. [I. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Walter H. Snyder II1. INVOCATION - Councilmember .Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H.. Snyder Councilman S. Roy Wilson Mayor Buford A. Crites Alsn Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.1.O. Paul Shillcock. ACM/Director of Economic Development Ramon A. Diaz, ACM/Director of Planning/Community Development Paul Gibson. Finance Director/City Treasurer Pat Conlon. Director of Building & Safety Frank Allen, Director of Code Compliance Joe Gaugush, Senior Engineer V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 28. 1990. Rec: Approve as presented. MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 a a a a a a a a a a * a a a a a a * a * a a a * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0604, WR0607, WR0609, WR0612, and WR0702. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Upper Crust Cooking Company, 73-540 El Paseo, Suite D 8 E, Palm Desert. Rec: Receive and refer to the Department of Community Development for processing of a Conditional Use Permit. D-1. CLAIM NO. 131 AGAINST THE CITY by Harriet Meltzer in the Amount of $450,000. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. D-2. AMENDED CLAIM NO. 132 AGAINST THE CITY by Lisa Marie DuBois in the Amount of $24,769.17. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. D-3. CLAIM NO. 142 AGAINST THE CITY by Rebecca Avery in the Amount of $318.80. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. D-4. CLAIM NO. 143 AGAINST THE CITY by Michele Dynes in the Amount of $388.17. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. D-5. CLAIM NO. 144 AGAINST THE CITY by Olga Marie Sagastume in the Amount of Approximately $10,000. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. 2 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • * * * • • • • • • • * * * * * * a * • • D-6. CLAIM NO. 145 AGAINST THE CITY by Jeanne Carlson in the Amount of $90.00. Rec: By Minute Motion: 1) Authorize the Claims Review Committee to work with Carl Warren & Company to negotiate a settlement with the Claimant: 2) Direct the Committee to bring said negotiated settlement back to the City Council for authorization to pay. D-7. CLAIM NO. 146 AGAINST THE CITY by John W. Marzicola in the Amount of $811.56. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate a settlement in an amount not to exceed $850.00, subject to Claimant's execution of a Release of All Claims Form. E. RESOLUTION NO. 90-87 - 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 Public Works that have been Microfilmed. Rec: Waive further reading and adopt. F. MINUTES of the Civic Arts Committee Meetings of April 16. May 21, and June 18, 1990. Rec: Receive and file. G. CONSIDERATION of a Proposed B.L.M. Visitor Contact Station. Rec: By Minute Motion, direct the City Manager to work with the B.L.M. and come back with a formal report and proposal. H-1. REQUEST for Release of Subdivision Improvement Securities for Tract No. 23982, Garcon Development, Applicant. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to release the improvement securities. 3 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • H-2. REQUEST for Release of Subdivision Improvement Security for Tract Map 20960, Silver Spur Associates, Applicant. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to release the improvement security. I-1. REQUEST FOR APPROVAL of Final Tract Map 19503-1, George Fox, Applicant. Rec: 1) Waive further reading and adopt Resolution No. 90-107, approving Tract No. 19503-1; 2) By Minute Motion, authorize a credit of the applicable drainage fees for this tract against construction costs for the tract drainage improvements. 1-2. REQUEST FOR APPROVAL of Final Tract Map 24539, Triad Pacific Development, Applicant. Rec: 1) Waive further reading and adopt Resolution No. 90-108, approving Tract No. 24539; 2) By Minute Motion, authorize the Mayor to execute escrow instructions relating to +he payment of fees and improvement securities for the subject tract. J. RESOLUTION NO. 90-88 - A Resolution of the City Council of tt. City of Palm Desert. California. Amending the Fiscal Year 1989-90 Budget to Provide Appropriations to Capital Project Reserve Funds. Rec: Waive further reading and adopt. K. REQUEST FOR APPROVAL of Legislative Advocacy Program. Rec: By Minute Motion, authorize the implementation of the Legislative Advocacy Program and the extension of Joe A. Gonsalves 8 Son Contract No. 00-299-1_ for one year as approved in the FY 1990-91 budget. L. LETTERS OF RESIGNATION from Marie S Geoffrey and Alexis Larson from the Civic Arts Committee. Rec: Accept with sincere regrets. 4 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • M. REQUEST FOR AWARD OF CONTRACT NO. 00-437 - Curb and Gutter and Cross Gutter Repair Program. Rec: By Minute Motion. award Contract No. 00-437 to Allred & Kyser Construction Company in the amount of $100,134.00 and authorize a ten - percent contingency in the amount of $10.013.40. N. REQUEST FOR RENEWAL OF CONTRACT NO. 00-382 with Eric Johnson. Landscape Specialist. Rec: By Minute Motion. authorize one-year extension of the contract for services by the current contract landscape specialist. 0-1. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Traffic Signal Installation on Country Club Drive and Desert Falls Parkway (Contract No. 00-450). Rec: By Minute Motion, ratify the bid process initiated by the Public Works Department for the subject project. 0-2. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-451 for the 1990-91 Crack Sealing Program. Rec: By Minute Motion, approve the request and authorize the City Clerk to advertise for Contract No. 00-451. P. REQUEST FOR APPROVAL of Contract No. 00-452 with Davis & Associates for Agency Services for Fiscal Year 1990-91. Rec: By Minute Motion, approve Contract No. 00-452 and authorize the Mayor to execute same. Q REQUEST FOR STREET VACATION - Palm Desert Drive North/Alessandro Drive at Portola Avenue. Rec: Waive further reading and adopt Resolution No. 90-89 setting a public hearing to consider the vacation request. 5 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • * * • • • • • • R. REQUEST FOR APPROVAL of Street Vacation Grant Deed for Conditional Use Permit 87-10, ARCO Petroleum Products, Applicant. - Rec: By Minute Motion, authorize the Mayor to execute a grant deed providing for the conveyance of property previously vacated by the City. S. REQUEST FOR APPROVAL of Bylaws for the Palm Desert Parking Authority. Rec: Acting as the Governing Board of the Parking Authority, waive further reading and adopt Resolution No. PA-1, approving the Bylaws for the Parking Authority. T. REQUEST FOR APPROVAL of Prohibition of Through Commercial Vehicles from Fred Waring Drive. Rec: Waive further reading and adopt Resolution No. 90-90, designating Fred Waring Drive between Highway 111 and Cook Street as a street to be prohibited from use by through commercial vehicles from the hours of Midnight to 6 a.m. U. REQUEST FOR APPROVAL of Memorandum of Understanding for Waste Generation Study. Rec: By Minute Motion, authorize the Mayor to enter into a Memorandum of Understanding with Riverside County Waste Management for a Joint Waste Generation Study. V. REQUEST FOR APPROVAL of Water Conservation Program (Table Tent Cards). Rec: By Minute Motion, authorize the purchase of restaurant table tent cards for the water conservation program and appropriate $4,50-0 from the Unobligated General Fund Budget Reserve to the subject program. 6 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • * • • • • • • • * • • * • * • W. REQUEST FOR APPROVAL of Cable Franchise Audit. Rec: By Minute Motion, approve a technical analysis and audit of our cable television franchise by Telecommunications Management Corporation and authorize the City Manager to execute Contract No. 00-453 with same. X. REQUEST FOR APPROVAL of Contract No. 00-_454 with College of the Desert for Services from the Center for Economic Development. Rec: By Minute Motion, approve Contract No. 00-454 and authorize the Mayor to execute same. Y. REQUEST FOR SUPPORT of Recycling Legislation AB3050. AB1490, and AB2622. Rec: By Minute Motion, support A83050. AB1490, and AB2622, which together create comprehensive solutions to current glass recycling problems. Z. RESOLUTION NO. 90-91 - A Resolution of the City Council of the City of Palm Desert, California, Requesting the California Transportation Commission to Adopt 100% Locally Funded Project to the State Transportation Improvement Program to Construct the I-10 and Cook Street Interchange. Rec: Waive further reading and adopt. Councilmembers asked that the following items be removed for separate discussion under the Consent Items Held Over portion of the Agenda: Kelly: Benson: Wilson: Crites: Item Q. Item X. Items 0-3 and D-5 for discussion in Closed Session; Items R. V, W, and Z for discussion under the Consent Items Held Over portion of the Agenda. Items D-2 and D-4 for discussion in Closed Session. Councilman Snyder moved to approve the remainder of the Consent Calendar as presented. Motion was seconded by Benson and carried by unanimous vote of the Council. 7 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • VI. ORAL COMMUNICATIONS - A MR. JAMES SHAVER, 73-041 Guadalupe, addressed Council and expressed concern relative to the high costs for ambulance service being provided by Springs Ambulance. He said the cost to transport a patient from Manor Home to Eisenhower Medical Center was $180 each way plus a per hour charge. An ambulance was not really required but was the only service available. He said his brother, who lived in a town in Washington which was similar in size to Palm Desert, had used a service there called "Dial -A -Ride" and had only been charged $.60 each way. He asked if something similar could be done in Palm Desert. Councilman Kelly responded that Sunline Transit had recently hired a person who specialized in such programs and was working on a program for the Coachella Valley. He said Sunline would be happy to work with Mr. haver to improve this type of service. MRS. JANET ABRAMS, 510 North Desert Falls Drive. addressed Council and first thanked the City for its continuous efforts to keep Cook Street open from Country Club to Frank Sinatra by plowing the blow sand. However, she expressed concern with Frank Sinatra from Cook Street to the Avondale golf course where the street continues to be flooded with mud due to the sprinklers and the slope of the street. She said a snow fence had been installed by the City at the northwest corner of Country Club and Cook Street up to the Temple Construction snow fence and that she had been advised by Mark Temple that the City had promised to install a water mainline at each end of Cook Street, with Temple Construction to lay irrigation lines to keep the dry sand down and grow vegetation on the berm along the snow fence. She urged the Council not to wait a season to see whether the snow fence alone would work in this area and to instead go ahead with plans to wet down the sand. Mayor Crites asked that the Public Works Department contact Mrs. Abrams regarding these issues and what the City's plans are for the area. He added that there had been a period of four to five years of fairly benign weather, and now the primary wind patters were returning. 8 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • * * • • • • • * • * • * * • * * • • • * VII. RESOLUTIONS A. RESOLUTION NO. 90-92 - 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 1990-91. Mr. Altman noted that there was a memorandum in the packets from Mr. Ortega and that this resolution was similar to those adopted by Council in previous years. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-92. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. RESOLUTION NO. 90-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE HEALTHY CITIES CONCEPT AND INDICATING THE INTENT TO CONTINUE TO PARTICIPATE. Environmental Conservation Manager John Wohimuth reviewed the staff report. He introduced Linda Moore, a graduate assistant working on the City's seatbelt project. and noted that she had results of the second seatbelt survey. Ms. Moore said there had been a 5% increase in seatbelt usage from March to June and that the goal was to reach 65% usage by April 30, 1991. She said she would continue to do educational and promotional presentations in the community. Councilman Kelly moved to waive further reading and adopt Resolution No. 90-93. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. RESOLUTION NO. 90-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN A PARTIAL SELF -FUNDED BENEFIT PLAN UTILIZING INSURANCE COMPANY OF NORTH AMERICA AS REINSURANCE COMPANY, BENEFITS CLAIMS PAYOR AS THE THIRD PARTY ADMINISTRATOR, CALHOUN INSURANCE AS AGENT OF RECORD TO FURNISH GROUP MEDICAL, DENTAL, AND VISION INSURANCE COVERAGE FOR THE EMPLOYEES OF THE CITY OF PALM DESERT. Mr. Paul Gibson, Finance Director, reviewed the staff report and offered to answer any questions. 9 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY • • • • • • • • • • • • • JULY 26. 1990 • • • • • • • • • • • • Councilman Snyder stated that he had attended a meeting where employees were briefed on this matter and that the overall response was satisfactory. Councilman Snyder moved to waive further reading and adopt Resolution No. 90-94. Motion was seconded by Benson and carried by unanimous vote of the Council. VIII. ORDINANCES For Introduction: None For Adoption: None IX. CONSENT ITEMS HELD OVER 0. REQUEST FOR STREET VACATION - Palm Desert Drive North/Alessandro Drive at Portola Avenue. Councilman Ke l l v stated that because of how vital this particular corner was, he wanted to be assured by staff that the engineering has been done properly. Mr. Gaugush responded that his department was currently reviewing the engineering for the improvements and would make sure all bases were covered. He noted that at this time Council was being asked to set a public hearing to keep the process going while staff completes its review. Councilman Kelly moved to waive further reading and adopt Resolution No. 90-89 setting a public hearing to consider the vacation request. Motion was seconded by Snyder and carried by unanimous vote of the Council. R. REQUEST FOR APPROVAL of Street Vacation Grant Deed for Conditional Use Permit 87-10, ARCO Petroleum Products, Applicant. Councilman Wilson stated that he had no objection to the recommendation but would like staff to discuss with ARCO the possibility of striping the gas bays so that one island will accommodate traffic entering from Highway 111, and one will accommodate Portola Avenue traffic. He felt 10 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • * • • * • • • this would help with the flow of traffic in this intersection. Councilman Wilson moved to, by Minute Motion. authorize the Mayor to execute a grant deed providing for the conveyance of property previously vacated by the City and directed staff to work with the applicant to stripe the gas bays in order to improve traffic circulation from Portola Avenue and Highway 111. Mr. Gaugush stated that staff was currently working with ARCO and the proprietor to develop a circulation program to relieve the congestion. He said copies would be provided to the Council. Motion was seconded by Benson and carried by unanimous vote of the Council. V. REQUEST FOR APPROVAL of Water Conservation Program (Table Tent Cards). Councilman Wilson stated he had asked that this item be removed because he wanted to say "bravo" to John Wohlmuth for putting together this program. He said a similar one was attempted a year ago and fell flat. He added that the rationale behind the program was excellent and felt it would send a good message to visitors in the Valley that the City of Palm Desert is conservation minded. Councilman Wilson moved to, by Minute Motion. authorize the purchase of restaurant table tent cards for the water conservation program and appropriate $4,50-0 from the Unobligated General Fund Budget Reserve to the subject program. Motion was seconded by Kelly and carried by unanimous vote of the Council. W. REQUEST FOR APPROVAL of Cable Franchise Audit. Councilman Wilson questioned an option listed in the recommendation for an independent cable testing system at a cost of $5.000. Mr. Yrigoyen, Administrative Assistant, responded that it was listed as an option in the proposal but that staff felt it was something that should be done. Councilman Wilson suggested that staff discuss this matter with Mr. Merritt of Palmer CableVision to find out what kind of data is available before spending $5.000; then if MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • staff felt it was necessary to do an independent analysis. he would have no problem with doing so. Councilman Wilson moved to, by Minute Motion, approve a technical analysis and audit of our cable television franchise by Telecommunications Management Corporation and authorize the City Manager to execute Contract No. 00-453 with same, with direction to staff to look into the independent cable testing system before spending $5,000 for same. Motion was seconded by Kelly and carried by unanimous vote of the Council. X. REOUEST FOR APPROVAL of Contract No. 00-454 with College of the Desert for Services from the Center for Economic Development. Councilmember Benson questioned the survey that would be done regarding a people mover and asked if there was enough information about the type of people mover to know whether people would use it or not. She said there were things she herself did not know, and she wondered whether people taking the survey had enough information to be able to answer the questions. Mr. Altman responded that staff felt at least a preliminary survey should be done to get some indications as to the overall feasibility. Mayor Crites suggested that a copy of the questionnaire he provided to Council as an informational item before the survey actually begins. Counci1member Benson moved to. by Minute Motion, approve Contract No. 00-454 and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by unanimous vote of the Council. Z. RESOLUTION NO. 90-91 - A Resolution of the Citv Council of the City of Palm Desert, California, Requesting the California Transportation Commission to Adopt 1009. Locally Funded Project to the State Transportation Improvement Program to Construct the 1-10 and Cook Street lnterchanae. Mayor Crites stated that with construction of the Price Club and Home Club, the Cook Street interchange becomes essential. Council directed staff to do everything possible to expedite the Cook Street Interchange, including asking the Riverside County Transportation Commission to expedite the project. 12 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Altman noted that the Council had a substitute resolution bearing the same number as that included in the packets but changing the funding from a 100% locally funded project to a sales tax funded project. Councilman Wilson moved to waive further reading and adopt substitute Resolution No. 90-91. Motion was seconded by Kelly and carried by unanimous vote of the Council. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT NO. 00-456 WITH TERRA NOVA FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED RANCHO PORTOLA PROJECT. Mr. Altman noted there was a memorandum in the packets and offered to answer any questions. Mayor Crites expressed appreciation to staff for providing this data. Councilman Wilson asked whether the conference center was included in this project. He also questioned the proposed hotel, specifically its size and whether it would be two stories or less. Mr. Altman responded that this was only for the Swank property north of Frank Sinatra Drive and did not include the conference center. He said the hotel would be 250 rooms or less. Councilman Kelly moved to, by Minute Motion. approve Contract No. 00-456 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REPORT FROM THE CITY MANAGER RELATIVE TO FINDINGS FROM A RESEARCH REPORT ON THE GOLF INDUSTRY IN PALM DESERT AND ITS SPHERE OF INFLUENCE. Mr. Altman commended Mr. Ken Dowling of the Office of Leisure Research for preparing this report and noted that it had been included in the packets. Mr. Dowling reviewed his report and suggested that consideration be given to distributing copies of the report to some of the City's standing committees to perhaps monitor some of the issues identified in the 13 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • report. He added that he had worked in part with the National Golf Foundation and had discovered that "Summit '90" would be held at the Marriott Desert Springs Hotel from November 12 to 14. He explained that this was a biennial meeting attended by approximately 500 golf industry leaders in manufacturing, course operations, etc. He asked if Council would consider presenting a proclamation or some other type of recognition to the National Golf Foundation at that time because of its prestigious position and the role it plans in disseminating information. Councilman Wilson stated that he felt the report was excellent. He said it was concise and gave an overview of something taken for granted. He agreed that the report should be given to the Planning Commission, Economic Development Committee. In addition, he felt the report should be given to the Activities Promotion Committee members with a request that they make an effort to do some VIP marketing for the November conference. He also felt the City needs to capitalize on maintaining its advantageous position in the golf industry and asked that staff follow up on this process. Councilman Snyder extended his gratitude to Mr. Dowling for his excellent efforts in preparing the report. Mayor Crites stated that he would share the report with his colleagues on the Board of Directors for College of the Desert. C. CONSIDERATION OF THE ADOPTION OF AN ECONOMIC DEVELOPMENT MARKETING PLAN FOR THE CITY OF PALM DESERT. Mr. Shillcock reviewed his report and offered to answer any questions. Councilman Wilson said he felt this was a good report. He asked if it would be advantageous for staff and the Council to sit down in a half day session to reexamine the strengths and weaknesses and see if priorities have changed and if perceptions for the 1980's are different for the 1990's. Councilman Kelly agreed. He said he had some comments but felt it would be better to be in an atmosphere where everyone can discuss specifics. 14 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 Councilman Wilson moved to, by Minute Motion, adopt the plan and authorize staff to begin implementing same. with direction to the City Manager to schedule a session for the Council and staff as suggested above. Motion was seconded by Kelly and carried by unanimous vote of the Council. D. REQUEST FOR WAIVER OF BUSINESS LICENSE PENALTY, MS. MARIANNE RUE. APPLICANT. Mr. Allen reviewed the staff report, noting that payment of the business license was considered late on April 10. 1990, and had not been received by his department until July 2, 1990. He said staff's recommendation was that Council deny the appeal and require the appellant to pay the 50% late penalty. MS. MARIANNE RUE addressed Council and stated that she had mailed her renewal on April 1, 1990, but that the Post Office had not stamped the envelope until June 28th. She said she had never been late in any of her dealing and felt she was a victim of circumstances beyond her control. She added that she felt the late fee was unfair in this situation, and she asked that Council consider waiving it. Upon question by Councilman Wilson, Ms. Rue responded that she had put her payment in the mailbox at the Portola Post Office on April 1st. Councilman Snyder asked whether the appellant had contacted the Post Office relative to the late postmark. Ms. Rue responded that she had contacted the Post Office and was advised that this happens from time to time. Councilman Wilson said he would like to believe in the honesty of Palm Desert's citizens. He moved to grant the appeal and waive the 50% late fee. Councilmember Benson seconded the motion, noting that she had known Ms. Rue for at least ten years and believed what she had stated to the Council. Motion carried by unanimous vote. E. REQUEST FOR APPROVAL OF ACQUISITION AND DEVELOPMENT AGREEMENT WITH FELIDAE, INC. Mr. Altman noted there was a memo in the packets and offered to answer any questions. Member Kelly asked whether the Parking Authority was in effect throughout the entire City, and Mr. Yrigoyen responded that it was. 15 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Member Kelly moved to, by Minute Motion and acting as the Governing Board of the Palm Desert Parking Authority, approve Acquisition and Development Agreement No. PA-457 with Felidae. Inc., and authorize the Executive Officer to execute same. Motion was seconded by Benson and carried by unanimous vote of the Board. F. CONSIDERATION OF APPEAL OF BUILDING BOARD OF APPEALS AND CONDEMNATION DECISION DENYING A VARIANCE TO INSTALL A SPIRAL STAIRWAY IN AN OFFICE OCCUPANCY, LOBLAND/WARING REALTY, APPLICANT. Mrs. Gilligan noted that she had received a telephone call from Mr. Lobland requesting that this matter he continued to the meeting of August 23rd because he had just returned from vacation. Councilman Snyder moved to continue this matter to the meeting of August 23, 1990. Motion was seconded by Wilson and carried by unanimous vote of the Council. Upon question by Councilman Wilson, Mr. Conlon responded that with regard to the letter included in the packets, he had checked with the City of West Covina and found that there was no record of a spiral stairway being approved. Councilman Wilson asked that staff contact ICBO to see if there are any amendments to the Building Code currently Pending. Mr. Conlon stated that he had just received a packet of information from ICBO which noted that the next change session would be held in Denver. He said he would review the packet to see if there are any changes to the section dealing with stairways. G. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. No new report was given. 2. Update on Tri-Cities Sports Facility. Mr. Altman stated that a meeting had been held with City Managers of neighboring cities relative to possible funding of the sports complex and other 16 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • regional facilities. He said a report would be given to Council at its next meeting. Mr. Diaz added that he had met with Frank Urrutia and representatives of the Swank company, the owners of property to the south of the City -owned land. He said the soils report had been completed and that no major problems had been identified within the report. With regard to utilities, he said this was a major area of concern. He said water was available on Portola Avenue to take care of drought tolerant landscaping. He noted that sewers would be a major cost and reviewed problems discovered in this regard. He said telephone and gas were approximateiy one mile from the site at Portola and Frank Sinatra, so no major problems were anticipated with these utilities. With regard to electric, he said bringing power to the site could be a major concern but that he was sure it could be worked out with Southern California Edison. He concluded his report and stated that the topography information for the area should be completed in two weeks with a report to Council at its next meeting. 3. Recreational Vehicle Report. Mr. Altman stated there was a report in the packets and offered to answer any questions. Councilman Snyder said he felt a meeting of the RV Committee should be held to reevaluate the entire matter which is becoming a difficult situation in the City. Councilman Kelly stated he had read some time ago in the newspaper that cities could no longer regulate recreational vehicles. He added that the City Attorney had submitted a letter stating the same thing, that the cities no longer have the ability to regulate RV's separately from other vehicles, that the law has to be written in such a way that it covers all vehicles. Mayor Crites stated he had discussed this issue with the City Attorney and that basically the City can continue to regulate RV's on private property but not on City streets. He said the Attorney General's opinion states that for streets, the cities cannot 17 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • make regulations concerning RV's that do not also apply to automobiles. He suggested that the Palm Desert discuss with other cities the possibility of going to Sacramento and begin the process of requesting legislation that would allow cities the right to differentiate between automobiles and large recreational vehicles. Councilman Kelly stated that several members of the RV Committee were promised that they would be involved in anything the City does relative to recreational vehicles, and he wanted to make sure they were included. Council concurred. XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF CIVIC CENTER ADDITION. Councilman Wilson moved to continue this item to the meeting of August 23, 1990. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF COLONNADE OF HONOR PROPOSAL. Mr. Altman stated that this matter was referred to staff by Council at its last meeting. He said there was a memo in the packets from Mr. Diaz and offered to answer any questions. Councilman Snyder moved to, by Minute Motion, create the program as outlined by Ken Dowling and establish a subcommittee to work out the final details. Motion was seconded by Kelly and carried by unanimous vote of the Council. With Council concurrence, Councilman Snyder and Councilmember Benson were appointed to serve on the subcommittee. XII. OLD BUSINESS A. REQUEST FOR WAIVER OF FEES FOR PALM LAKES GOLF COURSE AT COOK STREET 8 SHERYL AVENUE. MELVIN CURCI, APPLICANT. Mr. Gaugush reviewed the staff report, noting that a meeting was held with the developer to review the fees applicable to the project. He said the several of the 18 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • * • • • a • • a • • • * * • a • • • • • • • • fees were not controlled by the City and would. therefore, be applied to the project. He added that the developer had expressed reluctant agreement with the fees as identified in the staff report. Councilman Wilson moved to, by Minute Motion, affirm the staff's position with respect to development fees for Conditional Use Permit 90-6. Motion was seconded by Snyder. Mr. David Evans spoke as a general partner for this project and expressed reluctant agreement to staff's position. He said they would stand by whatever decision is made by the Council and thanked staff for its consideration in this matter. Mayor Crites called for the vote. Motion carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY I. 60 Acres for City Park Mr. Erwin stated that an item had been brought to his attention yesterday regarding the current escrows dealing with the remaining 60 acres of land where the City park is. He asked that the Council place this matter on the agenda by 4/5ths vote for discussion. Councilman Snyder moved to add this item to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote of the Council. Mr. Erwin stated that the 60 acres was in two escrows, one for 40 acres and the other for 20 acres. He said the seller was David Freedman Company, and the purchaser was Swank. He said the escrow on the 40 acres was scheduled to close on Friday, July 28th, with the 20-acre escrow scheduled to close just prior to the end of the year. He noted that the division was involved in the proposed development by Mr. Swank. He said the request was that he, on behalf of the Council, acknowledge that the division is a 19 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • violation of the City's Parcel Map ordinance but that it is anticipated within the next 60-90 days applications that will allow the City to place on both of these parcels the same conditions that would be placed on a Parcel Map process. He said that in acknowledging that it is a violation, the City would not attempt to enforce or allege that violation against the title company. He added that he was comfortable with it and that there were other things that both the buyer and seller were being required to do by the title company that would cause all of these applications to be before the City very quickly. Councilman Snyder moved to, by Minute Motion, authorize the City Attorney to so advise the title company. Motion was seconded by Wilson and carried by unanimous vote of the Council. 2. Mr. Erwin requested a Closed Session pursuant to Government Code Section 54956.9(b), potential litigation, and claims. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Kelly asked to be excused from the meeting of August 23rd because he was scheduled to be out of town. 2. Contribution for Junior Girls National Softball Team Mayor Crites stated that this was something that had come up after the Agenda was posted and asked that the Council consider it by 4/5 vote. Councilmember Benson 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. Mayor Crites reported that this was the first year this group had been able to participate in the World Series and, therefore, the item was not included in the budget for the Desert Youth Sports Organization. He said Palm Desert was being asked to contribute $500 above and beyond the normal contribution to help send three girls from Palm Desert to the fifteen -member All -Star 20 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 Team that will be playing in the National World Series in Morris, Illinois. Councilman Wilson moved to, by Minute Motion, approve the Charitable Contributions Committee recommendation to contribute $500 toward the cost of sending the three Palm Desert girls to the World Series in Morris, Illinois. Motion was seconded by Benson and carried by unanimous vote of the Council. 3. Civic Arts Committee Request for Funding for Holiday Festival of Music Mayor Crites asked that this be added to the Agenda for discussion. Councilman Kelly moved to add this item to the Agenda as one which arose after the Agenda was posted. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Wilson voting NO. Mayor Crites reviewed the staff report, noting that this request for $8.000 was included in the preliminary 1990/91 budget but had been removed until Or. John Norman could prepare a justification. Councilman Kelly stated ne felt tnis was a nominal Fee to provide such a program for the City. Councilman Kelly moved to, by Minute Motion, approve the request From the Civic Arts Committee for $8,000 for the Holiday Festival of Music. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Snyder voting NO. 4. Cahuilla Hills Grading Mayor Crites stated that he had received complaints from property owners in Palm Desert relative to a proposed grading plan in the Cahuilla Hills adjacent to Palm Desert but located in the County of Riverside. He said it involved removal of over 40 feet from the top of the hill and then 50 feet of fill. Since this was not even close to the standards set by the City of Palm Desert, he asked if the Council would have a problem with his going to the County Supervisor and asking that anything done 21 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • in that area be compatible with what the City of Palm Desert does. Councilman Wilson 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. Councilman Kelly agreed that the County of Riverside should want to follow standards set by the City of Palm Desert. Councilman Wilson agreed this should be done. At the same time, he noted that there was what looked like a tropical hotel being built on the top of the ridge. Councilman Kelly moved to, by Minute Motion, authorize the Mayor to file an official protest with the County of Riverside to the proposed grading plan in the Cahuilla Hills area. Motion was seconded by Wilson and carried by unanimous vote of the Council. o City Council Committee Reports: 1. Councilman Wilson stated that there was an article in the Los Angeles Times yesterday reporting that the Bush administration had come out strongly against reregulation of the cable industry. He said the bill was on the floor of the Senate and House. He added that because of the strong interest our community has in reregulation of the industry. the City should, through the media, get the word out that concerned citizens should be writing to the President of the United States saying they strongly support reregulation of an uncontrolled monopoly. Mayor Crites as►ced that Councilman Wilson draft a paragraph or two that can be given to citizens who call in with complaints with the suggestion that this might be something they would want to do. Council concurred, and Councilman Wilson said he would turn this over to the C.ity's cable experts. 22 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY • a a a a a a a a a a a a XIV. ORAL COMMUNICATIONS - B None a a a JULY 26, 1990 a a a a a * • a a Mayor Crites recessed the meeting at 5:35 p.m. for dinner. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION It was noted that the recommendations of the following claims were approved as presented by unanimous vote in Closed Session: D-2. AMENDED CLAIM NO. 132 AGAINST THE CITY by Lisa Marie DuBois in the Amount of $24,769.17. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. D-3. CLAIM NO. 142 AGAINST THE CITY by Rebecca Avery in the Amount of $318.80. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. D-4. CLAIM NO. 143 AGAINST THE CITY by Michele Dynes in the Amount of $388.17. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. 0-5. CLAIM NO. 144 AGAINST THE CITY by Olga Marie Sagastume in the Amount of Approximately $10,000. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. XVI. ORAL COMMUNICATIONS - C Mayor Crites explained the sweat equity self-help housing program for the City, noting that a meeting would be held at 7:00 p.m. on Tuesday, July 31, 1990, in the Council Chamber, at which time City staff would make a presentation and explain the program in more detail. He added that anyone interested in commenting on the program would have an opportunity to do so and that the Council was not yet ready to take any action on the issue. 23 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • MS. JUDITH LANGE, 73-330 Royal Palm Drive, Palm Desert. presented a petition to the City Clerk (on file and of record in the City Clerk's Office). She thanked the Council for listening to the citizens and stated that one of the concerns was having all eleven of the homes built in her neighborhood rather than being distributed throughout the City. MS. VONDA HERRICK, 73-041 San Nicholas Avenue, said she had been asked by several people to express their concerns to the Council about this project. She said low income housing had a history of being of minimum standards, with no provision for upkeep and maintenance. She expressed concern with the materials to be used and who would be reviewing plans and specifications to ensure that the quality of workmanship is the same as that being used in construction today. She also was concerned with the possible lowering of property values and that the market would be flooded by people trying to sell the homes in a year or so. She asked if there were any requirements that the homes not be sold within five years and suggested that a provision be added that most of the equity profit from the sale of the homes be put back into the program. MR. PABLO ORTEGA addressed Council as one of the individuals who will be using the self-help housing program. He said there was pride of ownership in these homes because the work is actually done by the people themselves. He added that he felt this was a good program and thanked the Council for allowing people the chance to own a home. MS. GEORGIANNA BARTON, 44-519 San Anselmo, stated she felt the City should get out of the real estate business. She said her neighborhood was being overloaded with sweat equity homes and felt the property values would be lowered and the area made less desirable for existing property owners. MR. DON FERGUSON, 73-092 Catalina, stated that one of the lots to be used for this program was next to his home. He spoke in favor of the program but did not feel they were fairly distributed throughout the City. He was also concerned with the quality of the homes as well as maintenance and upkeep. MR. MARTIN ZONE. Executive Director of the Coachella Valley Housing Coalition. 45-701 Monroe Street. Suite G. Indio, said his firm was contracted by the City to work on the supervision of the construction of these homes. He said almost all of the work would be done by the families. with licensed State contractors doing the rest. He added that the quality of the project would be the same as the quality of any other 24 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 development that would be approved to be built within the City. With regard to maintenance and upkeep, he stated that the owners would definitely have pride in their homes because of the amount of work they would have to put into them to get them built. He offered to answer any questions. MR. ENNO KLOEFKORN, 75-125 Guadalupe, was concerned with upkeep and maintenance of the homes. MR. BEN WATSON, a resident of Santa Rosa Way, expressed concern that the people building these homes would have two or three families living in one house and not being able to afford the payments. He was also concerned with the potential crime that would come with this project. MR. TIM BARRY, 73-340 Royal Palm, suggested a program where an owner who builds the home and stays in it until the value is up the fair market value of the neighborhood is given half the equity when the home is sold, with the other half of the equity going back into the program. MR. JIM SHAVER, 73-041 Guadalupe, expressed concern with the architecture and felt these were "plain Jane tract homes". Mayor Crites reminded everyone of the meeting to be held Tuesday, July 31, 1990, at 7:00 p.m. in the Council Chamber to explain the program and answer specific questions. He added that the Council was just in the exploring stage of this program. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Crites noted that all of the members whose terms were expiring had indicated a willingness to continue serving on their respective committees. A. CONSIDERATION OF APPOINTMENTS TO THE PLANNING COMMISSION TO FILL THE VACANCIES CREATED BY THE SEPTEMBER 1, 1990, EXPIRATION OF TERMS OF CAROL WHITLOCK AND ROBERT DOWNS. B. CONSIDERATION OF APPOINTMENT TO THE ACTIVITIES PROMOTION COMMITTEE TO FILL THE VACANCY CREATED BY THE SEPTEMBER I, 1990, EXPIRATION OF TERM OF GROVER NOBLES. C. CONSIDERATION OF APPOINTMENTS TO THE BUILDING BOARD OF APPEALS & CONDEMNATION TO FILL THE VACANCIES CREATED BY THE EXPIRATION OF TERMS OF KEN ROBERTS AND TOM SCOTT. 25 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • D. CONSIDERATION OF APPOINTMENTS TO THE PARKS & RECREATION COMMISSION TO FILL THE VACANCIES CREATED BY THE EXPIRATION OF TERMS OF DOLORIS DRISKEL AND JOHN MARMAN. Councilman Wilson moved to, by Minute Motion, reappoint all of the above members to their respective committees/commissions. Motion was seconded by Snyder and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF THE ANNUAL ASSESSMENT FOR LANDSCAPE & LIGHTING DISTRICT NO. 1980-1 (PRESIDENTS' PLAZA). Mr. Altman noted that a report had been included in the packets and offered to answer any questions. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilmember Benson moved to waive further reading and adopt Resolution No. 90-95, levying said assessments. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. CONSIDERATION OF THE ANNUAL ASSESSMENT FOR LANDSCAPE & LIGHTING DISTRICT NO. 81-3 (TRACT NOS. 12181-1 AND 12181- 2) (THE VINEYARDS). Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this assessment. None was offered, and he declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Resolution No. 90-96, levying said assessments. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. CONSIDERATION OF THE ANNUAL ASSESSMENT FOR LANDSCAPE & LIGHTING DISTRICT NO. 4 (TRACT NO. 8237) (PARKVIEW ESTATES). Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this assessment. None was offered, and he declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-97, levying said assessments. Motion was seconded by Benson and carried by unanimous vote of the Council. 26 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • D. CONSIDERATION OF THE ANNUAL ASSESSMENT FOR LANDSCAPE & LIGHTING DISTRICT NO. 5 (COOK STREET & COUNTRY CLUB DRIVE MEDIANS). Mayor Crites asked whether this assessment district included the landscaping on the medians In front of San Tropez. Mr. Folkers responded that the San Tropez medians were not included in an assessment district and were actually being handled by that development itself. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this assessment. None was offered, and he declared the public hearing closed. Councilman Kelly moved to waive further reading and adopt Resolution No. 90-98, levying said assessments. Motion was seconded by Wilson and carried by unanimous vote of the Council. E. CONSIDERATION OF THE ANNUAL ASSESSMENT FOR LANDSCAPE & LIGHTING DISTRICT N0. 6 (MONTEREY MEADOWS). Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this assessment. None was offered, and he declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-99, levying said assessments. Motion was seconded by Benson and carried by unanimous vote of the Council. F. CONSIDERATION OF THE ANNUAL ASSESSMENT FOR LANDSCAPE & LIGHTING DISTRICT NO. 2 (CANYON COVE). Councilman Wilson stated that the staff report indicated the assessment would be dropped to $63.00 and asked if this would take care of reseeding and keeping it at the same level it is currently. Mr. Altman responded that this was the staff's intent. He said the $63 . 00 was the $60.00 agreed to two years ago plus the CPI increase. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this assessment. 27 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • a • • • • • • MR. RAY OTT, 72-990 Deer Grass Drive, read a prepared statement (on file and of record in the City Clerk's Office). Councilman Wilson noted the following In response: - Mr. Ott states that it is not true that Canyon Cove development received a density increase. Said the land was zoned 13,000 sq. ft. per lot throughout the subdivision. Council lowered some of the lots to 10,000 sq. ft. as part of the development agreement. Said he was on the Council at the time, voted against that and voted against the project. - Council just held five public hearings for other assessment districts. Said these assessments do not apply just to country clubs; i.e., the Summit development is a single-family residential development that maintains the landscaping on the peripheral of the site. Said it is a development similar to Canyon Cove. - Said throughout Mr. Ott's presentation, the area has been referred to as a park. The City and the Council do not see it as a park. However, the problem could be solved by putting picnic tables, barbecue pits, children's playground, skateboard park, etc., to turn it into a park. He said he had suggested this to Mr. Ott and gotten no response. If this was done, he said he would be the first to vote for no assessment for Canyon Cove. He added that the City and Council still did not feel it is a park; it is a greenbelt around the area, coupled with a drainage channel that the City puts water into and because of that the City pays two-thirds of the cost to maintain it. Said this was the only place in Palm Desert where the City subsidizes the peripheral area. Mr. Altman stated that he had arranged a meeting with two members of the City Council and discussed in good faith Mr. Ott's petition indicating a desire to go back to the $60.00 assessment. In good faith, the $60.00 assessment was agreed upon. Yet in his remarks at this meeting, Mr. Ott was challenging how the City came up with the $60.00 plus a CP1 increase each year. He said he felt Mr. Ott was not representing himself in good faith. The following spoke in opposition to the assessment with the feeling that the City should either pay for it in its 28 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • entirety or that all residents in the area should be assessed: MR. ROLFE SHELLENBERG. 72-975 Deer Grass. said he felt everything stated by Mr. Altman and Councilman Wilson was an attempt to mask the fact that the establishment of the assessment district was illegal. ill-advised. and done in haste. He asked the Council to admit that a mistake had been made in the past and to rectify that mistake. He said the Council could go ahead and put in picnic benches. etc., in that area because it is treated like a park now. Councilman Wilson asked if Mr. Shellenberg was saying he would support turning the greenbelt into a park with playground equipment. swings. etc. Mr. Shellenberg said "absolutely". MS. JANET WATERS, 72-990 Amber Drive, stated she would have no objection to making this a full-fledged park. MR. PHIL MESSER, 72-775 Deer Grass, spoke as President of the Canyon Cove Homeowners Association, and said he felt the 1 i near park was an asset to the City and that protecting and maintaining it should be regarded as top priority. He pledged his continued support and cooperation with the City to properly maintain it. MR. TONY CAMPANEIRO, 73-273 Haystack, encouraged the Council to stay with its decision made a year ago to charge $100 per parcel. He said he was afraid the Council would get so fed up with the whole situation that the greenbelt would be allowed to revert back to native desert. He said to let the courts decide the matter. Mayor Crites responded that this had already gone through some court proceedings and that Mr. Ott had chosen to appeal the court's decision. MR. RUSS RICHARDSON, 73-270 Calliandra, agreed with Mr. Campaneiro that the City has done the right thing. He said he felt the worst thing the City could do is to turn this into a park with swings, etc. He thanked the Council for what had been done in the past year for the area. MR. ALBERT BARBER said he wanted to rebut Councilman Wilson's statements about The Summit and said this development was surrounded by a wall. 29 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Upon question by Mayor Crites, Mr. Barber responded that he would support the City taking the property for use in perpetuity as a public park. MR. BOB SMITH, 72-710 Calliandra, said he felt the City had done a good job. He said with regard to the lawsuit, he felt it was a dead issue and that they had lost. He added that the petition submitted to the City was circulated before the residents realized the City might reduce the assessment to $63.00, and they had not been approached since then. He said he was in favor of dropping the lawsuit and compromising with this assessment. MR. LARRY McCOWSKY, 73-275 Desert Rose, said he felt the $63.00 per year was a trivial amount and that the residents should just agree to it and put the matter behind them as long as the condition of the greenbelt remains the same. MR. KYLE KAKER, 47-295 Sand Sage Court, spoke against the district because he felt both sides use the park, and both sides should pay for it. Mayor Crites declared the public hearing closed. Councilman Wilson said that despite Mr. Shellenberg, Mr. Ott, and Mr. Barber's comments, he felt turning the area into a real public park would be a mistake for everyone living there. People from all over the Coachella Valley would come and use it, and property values for Canyon Cove would suffer because the image would suffer. He said he would support the City Manager's recommendation that $63.00 is a reasonable assessment, with the assurance that the greenbelt would be kept at the same level of maintenance as it currently is. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-100, levying said assessments. Councilman Snyder agreed with Wilson and said the City had been willing to pay two-thirds of the cost for maintaining the greenbelt. Now the City is willing to drop the assessment from $I00.00 assessed last year to $63.00 this year. He felt the City had worked with the residents in good faith, and to make this greenbelt a public park would be a mistake. 30 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY • • * * • • • • • • • JULY 26, 1990 * * * • • • • • • • • • • • Councilman Kelly said he felt a compromise had been reached and that a majority of homeowners agreed to pay the $60.00 plus CPI increase. He seconded Wilson's motion. Counci1member Benson agreed with Snyder and Wilson regarding turning the area into a park. She added that the people in the Vineyards assessment district have a lot lower income than those people in Canyon Cove, yet the Council never hears from them relative to these costs. Mayor Crites called for the vote. Motion carried by unanimous vote of the Council. G. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ESTABLISHMENT OF A COMMERCIAL DEVELOPMENT LOW INCOME HOUSING MITIGATION FEE FOR ALL COMMERCIAL DEVELOPMENTS WITHIN THE CITY OF PALM DESERT. Mr. Shillcock stated that staff's recommendation was to open the hearing, receive any public testimony, and continue the hearing to the meeting of September 13th. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. None was offered. Councilman Wilson moved to continue this hearing to the meeting of September 13, 1990. Motion was seconded by Benson and carried by unanimous vote of the Council. H. REQUEST FOR LEVY OF A PROPERTY LIEN FOR LOT ABATEMENT CHARGES. Mr. Shillcock noted there was a memo in the packets from Mr. Frank Allen. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. None was offered, and he declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Resolution No. 90-101, confirming assessment of $476.56 against Parcel No. 634-120-009-3. Motion was seconded by Benson and carried by unanimous vote of the Council. 31 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY • • • • • • • • • • • • • • • • JULY 26, 1990 • • • • • • • • • 1. REQUEST FOR AMENDMENT TO THE R-2 ZONE TO ALLOW PARKING AS A CONDITIONAL USE WHEN ADJACENT TO OFFICE PROFESSIONAL ZONE AND CONSISTENT WITH RECOMMENDATIONS OF SPECIFIC PLAN. CITY OF PALM DESERT. APPLICANT. Mr. Phil Drell reviewed the staff report and offered to answer any questions. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilman Snyder moved to waive further reading and pass Ordinance No. 610 to second reading. Motion was seconded by Kelly and carried by unanimous vote of the Council. J. REQUEST FOR APPROVAL OF PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT, NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, AND PARCEL MAP WAIVER TO ALLOW CONSTRUCTION OF A 13,000 SQ. FT. OFFICE BUILDING ON THE SOUTHEAST CORNER OF FRED WARING DRIVE AND SAN ANSELMO AVENUE. FOXX & ASSOCIATES, APPLICANT. Mr. Drell reviewed the staff report, noting that there would be no access from the project onto Santa Rosa Way. Upon question by Councilman Kelly, Mr. Drell responded that the trash enclosure was yet to be located; however, there would be provision for commercial recycling. Mayor Crites asked that a condition be added that the trash enclosures must not in any way conflict with traffic patterns on the surrounding streets. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. BEN WATSON, a resident of Santa Rosa Way, stated he agreed with the staff report and was in favor of this project. Mayor Crites declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Resolution No. 90-102, approving a Negative Declaration of Environmental Impact, PP/CUP 90-11, and PMW 90-10, subject to conditions and as amended to include provision for trash enclosures as discussed above. Motion was seconded by Benson and carried by unanimous vote of the Council. 32 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • * • • • • IF • K. CONSIDERATIf1N OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF A LOT SPLIT 300 FEET WEST OF THE SUNROSE LANE SOUTHERLY TERMINUS. KENT PHILLIPS, APPELLANT. Mr. Diaz reviewed the staff report, noting that the Planning Commission had denied the request because it felt the lots were smaller than others in the area. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. JOE LADEMAN spoke as one of the applicants and said all of the adjacent lots were the same size as the two lots he would have after the spilt. He said the lots were no smaller than any others and were, In fact, larger than other shared lots in the same vicinity. Upon question by Councilman Wilson relative to the PR-7 designation, Mr. Diaz responded that the density varied throughout the Ironwood development, with an overall PR-7 density. Mayor Crites stated that he had a difficult time approving the splitting of lots and suggested that the matter be postponed for a month In order to allow him an opportunity to view the area. MR. JAN JANURA, 49-335 Sun Rose Lane, spoke in opposition to the lot split and asked that the Council not approve the request. MR. JAMES BROWN, 49-400 Della Robbia, spoke in opposition. He said there were five lots which adjoined this property, and as far as he knew, none of those owners were asked to approve this. MS. BETTY GILSON McGILL, 49-355 Sunrose Lane, was also opposed to the lot split. Mr. Kent Phillips reviewed a letter dated July 19, 1990, from Mr. Daniel Johnson, representing the property owners, Mr. and Mrs. Lademan (on file and of record in the City Clerk's Office). Mr. Lademan recommended that the Councilmembers actually walk the area and be able to come to a more complete conclusion that the lot Is no smaller than those surrounding it. 33 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • a a a • a * • • • • • a • • • • • Mayor Crites declared the public hearing closed. Councilman Wilson stated he was always leery of lot splits in general. He said when a lot is purchased, the buyer knows what it is designated for and buys it for that purpose. if the buyer thinks something else can be done with that parcel, there are always ways to find out if it is possible. However, he said he would be willing to go up and take a look at the parcel to see if it makes a physical impact on his decision. He added that at this time he felt the Planning Commission decision should be upheld. Councilman Kelly agreed that basically a buyer purchases a lot and knows what is there. He said if he voted now, he would vote to uphold the Planning Commission decision. He said he did not know whether his feelings would change if he went and walked the area. Councilmember Benson agreed and said she had not yet had a chance to look at the property. However, she would be willing to do so at the request of the property owners. Councilman Snyder stated that he had looked at the site and felt strongly that when you buy a lot, you buy a lot. He said there were beautiful homes in the area and that he would have a difficult time overriding the Planning Commission decision. Mayor Crites agreed with comments of the other Councilmembers. He said that splitting the lot had the potential to significantly depreciate the neighborhood. Mr. Erwin stated that because at least four of the Councilmembers had indicated they had not seen the site, it might be appropriate to continue the hearing for a month. Mayor Crites reopened the public hearing. Councilman Wilson moved to continue this hearing to the meeting of August 23, 1990, and ask staff to make arrangements for the Council to get behind the gates at Ironwood to look at the site before making a decision relative to this request. Motion was seconded by Snyder and carried by unanimous vote of the Council. 34 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND IT5 PARKING AUTHORITY JULY 26, i990 • • • • • • . • . • • • • . • • • • . • . • • • • L. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN FOR A 47,000 SQUARE FOOT MEDICAL OFFICE BUILDING AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND SAN PABLO AVENUE. TOWNSGATE FINANCIAL, APPLICANTS. Mr. Drell reviewed the staff report and offered to answer any questions. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. TERRY HOYER, 3915 Freshwind, Westlake Village, apologized for not being able to bring the rendering of this project with him. He offered to answer any questions. Mayor Crites asked if any consideration had been given to placing a major piece of public art at this corner. He said he felt this particular corner was one of the most important in the City and was perfect place for public art. Councilman Kelly agreed that this would be a good opportunity for the applicant to display where his building was as a landmark. He asked what the amount of the Art -In -Public -Places fee was for this project. After asking the applicant what the estimated value of the project was, Mr. Drell responded that the AIPP fee would be approximately $45,000. Mr. Hoyer stated he would be happy to cooperate in this regard but was not familiar with the Art -In -Public -Places Fee. Mayor Crites explained the program and said the Council would prefer that the applicant use the money to actually provide a piece of art for the corner and felt such artwork would actually add to the building. Councilmember Benson agreed that this was a great corner for a piece of art but said she did not want to see a sign on it. Upon question by Mayor Crites, Mr. Drell responded that there were no remaining objections from the adjacent property owners. 35 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY • • • • • • • • • • • • • • • • JULY 26, 1990 • • • • • • • • • Mayor Crites asked that the condition be added as follows: "Developer will work with City to include an appropriate public art rendering to be placed in the plaza area at the intersection of San Pablo and Fred Waring Drive." Councilman Kelly questioned Item # 1 1 on Page 4 of the resolution relative to trash. He said he felt something needed to be done about requiring commercial recycling, both inside and outside the building. Mayor Crites declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Resolution No. 90-104, approving PP 90-8 subject to conditions and as amended to include provision for commercial recycling and public art. Motion was seconded by Ke i l y and carried by a 3-2 vote, with Councilmember Benson and Councilman Wilson voting NO. M. CONSIDERATION OF A REQUEST BY MICHAEL HOMME TO CHANGE THE GENERAL PLAN AND ZONING OF THE TWO (2) LOTS ON THE SOUTH SIDE OF CATALINA WAY FROM MEDIUM DENSITY RESIDENTIAL R- 2(7) TO OFFICE PROFESSIONAL (O.P.), APPROVE A PRECISE PLAN TO CONSTRUCT A 7,333 SQ. FT. PROFESSIONAL OFFICE COMPLEX, GRANT A VARIANCE TO THE SETBACK REQUIREMENTS OF THE ORDINANCE, AND CERTIFY A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT APPLIES TO THE PROJECT ON THE EAST SIDE OF MONTEREY AVENUE NORTH AND SOUTH OF CATALINA WAY. Mr. Drell reviewed the staff report, noting that a condition would be added relative to commercial recycling as follows: "Applicant shall make provision for commercial recycling, including a program for collection inside the building and external trash containers as approved by Waste Management of the Desert." Mayor Crites declared the public hearing open and invited testimony in FAVOR of this request. MR. MICHAEL HOMME, 43-600 Desert Lily, spoke as the applicant and offered to answer any questions. Mayor Crites declared the public hearing closed. 36 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 90-105, approving the requested amendment to the General Plan; 2) Waive further reading and pass Ordinance No. 611 to second reading; and 3) Waive further reading and adopt Resolution No. 90-106, approving PP 90-9 and VAR 90-3, as amended to include the condition as stated by Mr. Drell. Motion was seconded by Wilson and carried by unanimous vote of the Council. N. JOINT PUBLIC HEARING WITH THE REDEVELOPMENT AGENCY TO CONSIDER THE LEASE OF CERTAIN REAL PROPERTY BY THE AGENCY TO B. ROBERT BONNETT AND PATRICK E. BONNETT, SAID PROPERTY APPROXIMATELY A FIVE -ACRE PARCEL GENERALLY LOCATED ON FRED WARING DRIVE ADJACENT TO THE SHERIFF'S STATION. Mr. Shillcock reviewed the staff report, noting that the ground lease agreements had been prepared since the last meeting. He said one major component was the promissory note, which was standard but not yet completed. He said that Palm Desert National Bank had been determined to provide the best deal for the City and The Brothers. He added that staff was recommending approval of the ground lease and agreement #00-458 with The Brothers and adoption of Redevelopment Agency Resolution No. 232. Mayor/Chairman Crites asked whether provisions had been included for commercial recycling and drought tolerant landscaping. Mr. Shillcock responded that this was only for the financing part of the project and that plans were being finalized for the construction, which would include the Councii's concerns regarding recycling and drought tolerant landscaping. Mayor/Chairman Crites declared the joint public hearing open and Invited testimony in FAVOR of or OPPOSED to this request. MR. BOB BONNETT of The Brothers offered to answer any questions. MR. DAN EHRLER, Executive Vice President of the Palm Desert Chamber of Commerce, stated that he personally felt as a citizen of Palm Desert that the addition of this complex would add a great deal to the community. Mayor/Chairman Crites declared the public hearing closed. 37 MINUTES REGULAR MEETING OF THE PALM DESERT CITY COUNCIL AND ITS PARKING AUTHORITY JULY 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman/Member Wilson moved to: 1) By Minute Motion, approve Lease Agreement No. 00-458 and authorize the Mayor/Chairman to execute same; 2) Waive further reading and adopt Redevelopment Agency Resolution No. 232 approving the ground lease; 3) By Minute Motion, approve an agreement with Palm Desert National Bank for disbursement of the loan to The Brothers; 4) By Minute Motion, approve a note to be executed by The Brothers for repayment of the loan. Motion was seconded by Snyder and carried by unanimous vote of the Council/Agency Board. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Wilson, second by Snyder, Mayor Crites adjourned the meeting at 10:05 p.m. ATTEST: SHEILA R. GILLIGAN, CJ/tY CLERK CITY OF PALM DESERT‘ CALIFORNIA BUFO&BA: CRITES, MAYOR 38