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Home My WebLink About1992-12-03MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 3, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. IL PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly TM INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Excused Absence: Councilman Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.1.0. Ramon A. Diaz, ACM/Director of Community Development Richard Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Executive Director of RDA (arrived at 7:00 p.m.) Paul Shillcock, ACM/Economic Development Director Paul Gibson, Finance Director/City Treasurer Frank Allen, Director of Code Compliance John Wohlmuth, Environmental Conservation Manager Ray Janes, Redevelopment Agency Administrative Assistant l�tL\"L-T ES ADJOL'R\ED PALM DFSERT CITY COUNCIL MEETING DECEIVIBER 3, 1992 # s s s s s s#*� s s s f•* s s s s s s#* s s s s s s s s# s* s* s Mayor Kelly noted that an item had come up after the Agenda was posted which needed to be considered at this cime relating to the San Luis Rey Storm Drain Project from Highway 111 to El Paseo. He asked that Council add it to the Agenda for discussion. Councilman Snyder moved to add this to the Agenda for discussion as an item which arose after the Agenda was posted. Motion was seconded by Wilson and carried by unanimous vote. Mr. Folkers reviewed the staff report, noting that the Mayor, City Manager, and Public Works Department had received phone calls from various local businesses expressing concern with this storm drain project and the impact on their business, especially in light of the time of the year. He said the contractor for the project, Carney Brothers, had been very diligent in trying to make sure everything possible is being done to lessen any negative impacts. However, because of the merchants' concerns, staff had been discussing with the contractor the feasibility of wor�dng during evening hours from 10:00 p.m. to 6:30 a.m. instead of during the day, which would cost $22,300.00. He said staff recommended that Council appropriate an additionai $22,300.00 for this evening construction. Upon question by Mayor Kelly, Mr. David Firestone, representing business owners and managers in the area, responded that this solution was acceptable to them. Councilmember Benson moved to, by Minute Motion, authorize the appropriation of an additional $22,300 for evening construction for the San Luis Rey Storm Drain project from Highway 111 to El Paseo. Motion was seconded by Wilson and carried by unanimous vote. Mr. Firestone thanked staff and the Council for taking such quick action in this matter and said he appre�iated the City's responsiveness. Mayor Kelly added that the Council wants all of the businesses in Palm Desert to be successful, and if that is inadvertently damaged because of something the City is doing, the Council wants to make sure it is corrected as soon as possible. V. CONSENT CALENDAR A. �j�j� of the Regular City Council Meetings of November l2 and November 24, 1992. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGA,TNST THE CITY TREASURY - Wanant Nos. 21, 22, 23, 24, and 25. Rec: Approve as presented. 2 ADJOURNED PALM DESERT CITY COUNCIL 'MEETING DECEMBER 3, 1992 * * * * * * • * * * * * * * * * * a * * * * * * * * * * * ass C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Redondo Don's for Redondo Don's 72-292 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Donsyl, Inc. for Prime Time, 72-760 El Paseo, Palm Desert. Rec: Receive and file. E. CLAIM AGAINST THE CITY (#196) by Wai-Onn Leong in the Amount of $120.00. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. F. CLAIM AQAINST THE CITY (#198) by Carl Leno, Jr. in the Amount of $27.00. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate settlement in an amount not to exceed $27.00, subject to Claimant's execution of a Release of All Claims. G. MINUTES of the Regular Civic Arts Committee Meetings of May 11, June 8, July 13, September 14, and October 19, 1992, and the Adjourned Meeting of May 18, 1992. Rec: Receive and file. H. urrER OF RESIGNATION from Mr. Billy Pence from the El Paseo Business Association Board of Directors. Rec: Accept with sincere regret. I. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS. for Landscape Maintenance of El Paseo to Include Street Median, Presidents' Plaza Parking Lots, Palm Desert Library, and Historical Fire Station (Contract No. C07010). Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the subject combined El Paseo landscape project, 2) approve an extension of Contract No. C05730 with Pacific Aquascapes, Inc. through February 28. 1993, at $475.00 per month. 3 :�iL\�: TFS ADJOUR:'�'ED PALM DESERT CITY COUNCIL MEETL'`'G DECEi�fBER 3, 1992 s s:: s s: s s s s s* s s* s s s s x s s s s s s s s: s s s s s s s� J. REOUEST FOR �7 'I�NSION OF LANDSCAPE MAINTENANCE CON'I'RACl for Assessment District No. 5, Cook and Country Club (Contract No. C03150�. Rec: By Minute Motion, extend Contract No. C03150 with Sunshine Landscape for an additional six-month period in the amount of $21,900.00 ($3,650.00 per month). K. REOU�T FOR ��PRIATION for Amendment to the Palm Desert Country Club Fiscal Impact Report. Rec: By Minute Motion, appropriate an additional $1,677.75 from unencumbered funds to cover additional costs associated with the revision and expansion of the original fiscal imgact report for the Pa�m Desert Country Club annexation by Jonathan & Associates, Inc. L. REQUFST FOR RELEASE/REDUCTION of Subdivision Improvement Security for Tract 25445 (Regency Estates, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities and accept, on behalf of the City Council, replacement securities for the subject tract. M. �EOUEST FOR RATIFICATION of Contract No. CQ7Q20 with S& S Enterprise for Christmas Tree Installation and Storage. Rec: By Minute Motion, ratify the Mayor's approval and execution of Contract No. C07020 with S& S Enterprise in the amount of $10,252.00. N. $�Q�T FOR APPROPRIATION to Meet the City's Prior Approval of Payment of the Joanna Hodges Piano Competition London Performance for the Competition Held in 1991. Rec: By Minute Motion, appropriate $16,000.00 from the Unobligated General Fund Reserve to Account No. 110-44I8-414-3090. O. CONSIDERATION OF REOUFST from Coachella Valley Water District for Waiver of Certain City Fees as Part of Precise Plan Application to Construct Facilities at the Hovley Site. Rec: By Minute Motion, approve the request as outlined in applicant's letter dated October 29, 1992. 4 � , c.4.1 rAL„vi Litz t-i< 4— I 1 COUNCIL MEETING DECEMBER 3, 1992 * * * * * a * * * = * * * * * * * * * * * * * * * * * * * * * * * * * P. REQUEST FOR APPROPRIATION for Annual Christmas Party. Rec: By Minute Motion, appropriate $2,000 to Account No. 110-4159-415-3125. Upon motion by Snyder, second by Wilson, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A DEPUTY CORKY BELL, Riverside County Sheriff's Department, thanked the City Council for allowing the Wish Upon a Star Foundation to have its fund-raising run/walk event in the City and the Civic Center Park in October. He said approximately 700 people turned out for the event and that contributions for this year were $46,000, which made the local chapter the top fund-raising group in the State. He added that they hoped Council would allow next year's event to take place in Palm Desert also. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 693 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PREZONING DESIGNATION OF OPEN SPACE, HILLSIDE PLANNED RESIDENTIAL AND PLANNED COMMUNITY DEVELOPMENT OVERLAY FOR A 104-UNIT MAXIMUM PLANNED COMMUNITY REFERRED TO AS "THE CREST", CASE NO. C/Z 90-12. Mr. Altman noted that this ordinance was introduced at the last meeting, and he recommended its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. 693. Motion was seconded by Snyder. 5 ML\�.'TES ADJOURNED s : * s s s PALM DFSERT CITY COUNCII. MEETING DECEMBER 3, 1992 s s s s s s s s s s s s s s s* s s s s s s s s s s s s s s s s Mr. Diaz stated that at the last meeting Council passed this ordinance to second reading subject to a preannexation agreement being entered into prior to the second reading dedicating the open space azea. He said although a meeting had been scheduled for 3:00 p. m. today, the applicant had been unable to attend due to illness. He recommended that the matter be continuod to the meeting of December 17, 1992. Councilman Wilson withdrew his motion, and Councilman Snyder withdrew his second. Councilman Wilson moved to continue this matter to the meeting of December 17, 1992. Motion was seconded by Snyder and carried by unanimous vote. IX. CONSENT TI'EMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION REQUIRING THE REDESIGN AND RELOCATION O� AVVNINGS AT 73-255 EL PASEO, SUITE NO. 11 (BUD JOHNSON DESIGN, APPLICANT). Councilman Wilson stated that because his wife was employed by the applicant, he would abstain from both discussion and voting on this item. Mr. Diaz reviewed the staff report, noting that approved remodel elevations for this building showed one large dome awning flanked by two smaller domes. During the remodel, the doorway was shifted from the center to the side. Three awnings were installed, without permits, with the large awning located in front of the window. He said when the Architectural Review Commission considered the matter, it felt the color and quality of construcdon were acceptable but that the proportions did not relate well with the building. The applicant subsequently proposed to redesign and relocate the marquee to the center window, maldng it more similar to the original drawings; however, the Commission felt that a marquee located in front of a window instead of a door was unacceptable. It approved a modified design with a center cantilevered awning a maximum of five feet long with the posts eliminated and the awning on the right side to match the existing awning on the left. He said the applicant was appealing this decision and was requesting approval of the existing awnings; staff s recommendation was that Council approve the alternative design submitted by the applicant with an eight foot marquee redesigned and relocated to the center of the building. � ^ -_ ADJOURNED PALM DESERT CITY COUNCIL MEETING DECEM13ER 3, 1992 * * * * * * * * * ************ * * * * * * * * * * * MR. CURTIS SHUPE, Architect, 35-325 Date Palm Drive, Cathedral City, stated that the solution recommended by the Architectural Review Commission was unacceptable to his client who was requesting that Council approve the awnings as presently installed. Councilman Snyder asked what the Architectural Review Commission's last decision was. Mr. Diaz responded that it was to allow the center awning to be brought forward five feet rather than eight feet, which could be done without supporting posts. He said staff would not recommend approval of the awnings as they are presently but instead would concur with the applicant as far as the alternative of having a center awning come out to eight feet, which would require support posts. Councilmember Benson said she would be in favor of leaving the awnings as they are currently installed. She said she felt they blended with the building and that she did not see a problem with the proportions. Mayor Kelly agreed and said he could not imagine putting an extended awning on a window. He said he would be in favor of leaving it as it is. Councilman Snyder stated that although he had a problem overturning a decision of the Architectural Review Commission and personally felt the awnings as they are currently installed were out of proportion, he did not feel it should be changed just for the sake of change. He said he would be willing to go along with leaving it as it is currently. Councilmember Benson moved to, by Minute Motion, grant the applicant's request to leave the awnings as currently installed, with the proviso that permits are taken care of. Motion was seconded by Snyder and carried by a 3-0-1 vote, with Councilman Wilson ABSTAINING. B. CONSIDERATION OF THE PLACEMENT OF PARKING RESTRICTION SIGNS ON TAMARISK DRIVE ADJACENT TO DEEP CANYON TENNIS CLUB. Mr. Folkers reviewed the staff report and recommendation but said residents had not yet been notified of this proposed solution. He recommended Council approve the recommendation subject to the residents in the area being satisfied with the solution. Councilman Snyder moved to, by Minute Motion, approve the placement of two-hour parking restriction signs on Tamarisk Drive adjacent to Deep Canyon Tennis Club between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, subject to the approval by residents in the area. Motion was seconded by Wilson and carried by unanimous vote. 7 �'IL`2 TES ADJOUR'vFD PALM DESERT CITY COUNCII. MEETING DECEMBER 3, 1992 s s s s r s s s s s s s s+e s s s s s s s s s s� s s s s s s s s s s s s s C. REQUEST FOR APPROVAL OF PROPOSAL FROM AD STREET U.S.A. FOR SPRINGFFST '93. Mr. Shillcock reviewe�i the staff report, noting that the Promotion Committee had considered the proposal from Ad Street USA and recommended that a detailed work plan be prepared. He said that had been included in the report. He distributed a revised budget and apologized for the lateness in providing this to Council, noting that it was being revised on almost a daily basis. He recommended approval of the concept, with direction to staff to continue working on the development of the program. MS. CHRISTINE KtTI'T, Ad Street USA, briefly reviewed the concept of the event and various activities that could be incorporated, such as Earth Day at The Living Desert. She said the name suggested for the event was "Palm Desert Music Showcase". She offered to answer any questions. Upon question by Councilmember Benson relative to admission fees for the various talent events, Ms. Kutt responded that the plan was to sell tickets through Ticketmaster here and in Los Angeles, San Diego, Orange, and Riverside Counties. Mr. Shillcock added that some of the events will take place at locations such as The Living Desert, Costa's, etc., which charge fees to get in. These locations will waive the admission fees for people who purchase tickets to attend the events. Councilman Wilson asked if any consideration was being given to having an event at a location such as on El Paseo where no admission fees would be charged. Mr. Shillcock responded that this could be done. He added that these were details that still needed to be worked out. Couneilman Wilson expressed concern with the focus of the SpringFest '93 program being on the Joanna Hodges Piano Competition and that he would hope the focus would be equally strong on the SpringFest program itself and that it could stand on its own. Ms. Kutt responded that the idea was to promote SpringFest '93 to complement the Joanna Hodges Piano Competition. In years when the Competition is not going on, SpringFest would bt able to stand on its awn. Councilmember Benson expressed concern with soliciting sponsorships and said when the Ciry agrced to put up the $20,000 to support the event, it was with the understanding that local merchants would not be contacted for sponsorships. �3 Q ADJOURNED PALM DES t") T CITY COUNCIL MEETING DECEMBER 3, 1992 * * * * * * * * * * * * * * * a * * * ; * * * * a * * • * * Ms. Kutt responded that the proposal was to seek sponsorships regionally and nationally from companies such as Sony, Cadillac, etc. as well as major record labels. She added that although local merchants would not be solicited for sponsorship, they could advertise in the program itself. Councilman Wilson moved to, by Minute Motion, approve the concept and instruct staff to continue working on the development of it and approve Agreement No. C07030 with Ad Street USA to continue in their project development efforts. Councilmember Benson commented with regard to corporate sponsorships that she would vote in favor if Miller Brewing Company was a sponsor because it also owns a tobacco company. Ms. Kutt responded that the companies listed in the proposal were just suggestions; any advertisers that might make the Councilmembers uncomfortable could be avoided. Councilman Snyder seconded the motion. The motion carried by unanimous vote of the Council. D. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Janes stated that Mr. Ortega would be meeting next week with the cable television administrator that represents all of the cities served by Palmer Cablevision to try and come up with recommendations to submit to the Federal Communications Commission regarding the Cable Act. He added that a report would be submitted to Council once information is received back from the FCC on the new Cable Act. Councilman Wilson asked that staff provide a report at the next meeting clarifying the situation with Palmer substituting Channel 40 on Channel 2 on a regular basis, whether this is a temporary situation or if we will be able to get Channel 2 news. Mr. Janes stated that staff would provide such a report for the next meeting. Councilman Snyder agreed with Wilson and said he had received several telephone calls from citizens expecting to see the news on Channel 2 and getting something else instead. He added that he would prefer to see this situation brought to Palmer's attention as soon as possible and not waiting for a report. Mr. Janes responded that staff would contact Mr. Merritt as soon as possible to see what can be done. 9 :��'I: TFS ADJOUR'�'ED PALM DFSERT CITY COUNCIL MEETING DECEMBER 3, 1992 ::: s s s s s s s s s s s s s s s s s s s: s s s s** s s s s s s s s s 2. Status of Multi-Agency Library. Mr. Diaz reported that staff would be meeting tomorrow with representatives from Collegc of the Desert, County of Riverside, and Riverside City/County Library W work out final details of the cooperative agreement and funding for the joint library facility. He said they were proceeding generally along the lines of having the facility located on the Fred Waring site but would finalize the location prior to spending any money for plans, soils analyses, etc. 3. Washington Street/I-10 Interchange Interim Intersection and Signalization. Mr. Folkers noted the memorandum in the packets and offered to answer any questions. He said the bottom line is that we aze working with Del Webb and the County of Riverside to do something about the Washington Street interchange. Upon question by Mayor Kelly regarding whether or not we could do something with Monterey Avenue since the majority of people who use that interchange are from Palm Desert, Mr. Folkers responded that staff was trying to gct the County W do something because it is the lead agency. 4. Golf Cart Transportation Program. Mr. Wohlmuth reported that golf carts will be allowed on public streets beginning January 1, 1993. He said that Golf News would be producing an eight-page City of Palm Desert educational brochure that would include the routes the golf carts may use, minimum requirements for golf cart modifications, driver requirements, and helpful hints. He noted that registration forms were complete and that permits would be completed some time in December, with the fee to be $10.00 for a two-year permit. He added that striping and signage of the appropriate streets would start on Monday, December 7th. Upon question by Councilmember Benson with regard to what type of driver's license would be required, Mr. Wohlmuth responded that valid licenses would be any that area accepted by the State of California as well as handicap licenses that permit individuals to drive electric vehicles under the current California Vehicle Code. Councilman Snyder stated he felt it was good that Golf News was doing the educational brochure but asked if a story could also be run in the Desert Sun newspaper so that people will be aware that the program will start in January. 10 0 ADJOURNED PALM DESERT CITY COUNCIL MEETING DECEMBER 3, 1992 * * * a * * * * * * * * * * * * * * * a * * * * * * * * * a * * * * * * Councilman Wilson also suggested that with this being a major historical item and Palm Desert being the first city in the State to have such a program, the Palm Desert News Bureau should be alerted to put together a major kickoff of the program with more than just local publicity. Mr. Wohlmuth stated that the lack of coverage was not the fault of the media. He said the City had been carefully holding off on giving them the story because of a concern that getting the information out too early might cause problems with people misunderstanding and getting their golf carts onto the streets before the City is prepared. He added that the media had actually been very eager to do the story. Mrs. Gilligan stated that the News Bureau was already working on publicity for the program and would be meeting with Mr. Wohlmuth to coordinate everything. She added that the City's newsletter would be sent out the middle of December, and its feature would be the golf cart program. 5. Back Yard Composting Program. Mr. Wohlmuth stated that approximately a year ago, the City initiated a back yard composting pilot program. Reports had just been received from all participants who felt the program should be carried forward. He said it had been presented to CVAG, and its AB939 Technical Working Group had asked the City of Palm Desert to work with them and Waste Management to make these back yard composters available to the public. He said the composters would be available at wholesale cost (approximately $40 - $50) beginning in January. In addition, the vendor selling the composters was looking at providing free delivery to purchasers. He added that it was believed approximately 25% of the residents in Palm Desert could take part in this program. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF AGREEMENT (NO. C06890) FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE (11/01/92 - 10/20/97). (Continued from the meetings of September 24, October 8, October 22, and November 12, 1992). Mr. Altman asked that Council continue this item again. He noted that a meeting had been held with the County CAO earlier this week and that the City's Finance Director had recommended the continuance. 11 1�1L'��L�TES ADJOt`R.�ED PALM DFSERT CITY COUNCII, MEETING DECEMBER 3, 1992 s s::.: s s s s s s s s s s s s s s s s* s s s s s s� s s s s s s s s Councilman Wilson moved to continue this matter to the meeting of December 17, 1992. Motion was seconded by Snyder and carried by unanimous vote. B. $�QUEST FOR APPROVAL OF AMENDMENT TO THE BYLAWS AND JOINT POWFRS AGREEMENT FOR THE PALM SPRINGS/DESERT RESORTS COrNENTION AND VISITORS BUREAU (Continued from the Meeting of November 12, 1992.) Mr. Altman asked that this matter be continued to the next meeting. Councilman Wilson questioned the City of Palm Springs' resistance and their desire to rename the organization to The Palm Springs �i Desert Resorts Convention and Visitors Bureau. Councilmember Benson responded that the feeling was that the other cities are capitalizing on their name. Councilman Wilson said he understood their concern and asked why the Bureau objected to adding the word "and" . Councilmember Benson stated that when the organization was first formed, the City of Palm Springs did not want to participate unless it the name was all-encompassing. Palm Springs has a different City Council now than it did then, and they feel this is infringing on their city. She added that with the new funding the CVB received, there were several amendments that were made W the bylaws; each time there was a meeting and it was close to being approved, the City of Palm Springs would come up with another motion. Councilman Wilson said he was sympathetic with Palm Springs and felt they should be allowed W change the name. Councilman Snyder disagre�d and felt all of the cities had bent over backward to accept the name as it is now. Councilman Wilson moved to continue this matter to the meeting of December 17, 1992. Motion was secondeti by Snyder and carried by unanimous vote. XII. OLD BUSINFSS None 12 ADJOURNED PALM DESERT CITY COUNCIL MEETLNG DECEMBER 3, 1992 *********** ************* ************ XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), Existing Litigation (Shearson Lehman v. Palm Desert regarding Wymer; Price Company v. Palm Desert), and (b), Threatened Litigation. Councilman Snyder moved to add this to the Agenda. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action., None o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Councilman Wilson moved to adjourn to Closed Session at 5:09 p.m. for purposes as stated by the City Attorney, said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Snyder and carried by unanimous vote of the Council. He 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 13 N1L'�`L TES ADJOL'R'�TFD PALM DFSERT CITY COUNCII. NIEETING DECEMBER 3, 1992 s s s s s s s s s s s s s s s s s s: s s s s s s s s s s s* s s s s s s s XVI. ORAL COMMU1vICATIONS - C None XVII. AWARDS, PRFSENTATIONS, AND APPOINTMENTS REORGANIZATION OF THE CITY COUNCII. A. RFSOLUTION NO. 92-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFO1tNIA, RECTTING THE FACT OF THE G� MiJIJICIPAL ELEC'ITON HELD IN SAID CITY ON NOVEMBER 3, 1992, IN CONSOLIDATION WITH THE STATE-WIDE GENERAL ELECTION, AND DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Mrs. Gilligan stated that this resolution set forth the facts of the election held on Tuesday, November 3, 1992, in the City of Palm Desert. She noted the following facu: - Total number of ballots cast in the City was 12,491. - Walter H. Snyder received 5,303 votes; Caroline Bell received 4,728 votes; Jean M. Benson received 5,247 votes; Pat Cranford received 4,437 votes. - Walter H. Snyder and Jean M. Benson were each elected for a fuil term of four years. Councilman Wilson moved to waive further reading and adopt Resolution No. 92-113. Motion was seconded by Kelly and carried by unanimous vote. B. ADMINISTERING OF OATH OF OFFICE TO NEWLY ELECTED COUNCILMEMBERS. City Clerk Sheila Gilligan administered the oath of office to newly elected Councilmembers Walter H. Snyder and Jean M. Benson and congratulated each of them. C. SEATIIJG OF AND COMMENTS FROM NEWLY ELECTED COUNCILMEMBERS. Councilmcmber Benson said she was grateful for the support of the community in returning her to the Council for another term. She added that she would continue to do her best for Palm Desert and would continue to do so with honesty and integrity. Councilman Snyder said he was pleased to be returned to the team. He said he was proud of the way the Council works together and that the people of Palm Desert must have felt the same because they allowed both of the incumbents to return for new terms. He said he would continue to do the best job he could for Palm Desert. 14 � ADJOURNED PALM DESERT CITY COUNCIL MEETING DECEMBER 3, 1992 * * • * * * * • * * - * * * * * * * s * * * • * • % * a * * * * * * * * * * D. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE. Mrs. Gilligan declared the office of Mayor as vacant and asked for nominations. Councilman Wilson stated it was his privilege to nominate Jean M. Benson as Mayor and hoped a unanimous ballot would be cast. Councilman Snyder moved that a unanimous ballot be cast for Jean M. Benson as Mayor. Motion was seconded by Kelly and carried by a 3-0-1 vote, with Benson ABSTAINING. Mrs. Gilligan declared the office of Mayor Pro-Tempore as vacant and asked for nominations. Councilman Snyder nominated S. Roy Wilson for the office of Mayor Pro-Tempore and moved that a unanimous ballot be cast. Motion was seconded by Kelly and carried by a 3-0-1 vote, with Wilson ABSTAINING. E. COMMENTS BY NEWLY SELECTED MAYOR AND MAYOR PRO-TEMPORE. F. Outgoing Mayor Kelly thanked his fellow Councilmembers, staff, and citizens of Palm Desert for allowing him to serve as Mayor for the last year. He said it had been an extreme privilege for him and that he felt there was not another city in the world that he would enjoy serving as much. He added that it was his intent under the direction of the new Mayor and Mayor Pro-Tempore to still make a major contribution to the City and that he looked forward to the next two years. Mayor Benson said she felt privileged to be selected as the City's first woman Mayor in 1988 and was doubly privileged with this appointment. She thanked Councilman Kelly for his leadership this past year and said she was grateful for what she had learned from him. She added that she knew the Council would continue to work well together. Mayor Pro-Tempore Wilson said he looked forward to working with Mayor Benson this coming year and assisting her in any way he could. He added that he was very pleased that the complete team was still together after the election and that he looked forward to two more years of the same. PROCLAMATION DECLARING THE WEEK OF DECEMBER 13, 1992, AS "HOME BUILDERS WEEK" IN THE CITY OF PALM DESERT. Mayor Benson read the proclamation and presented it to Building Industry Association President Mike Marix. 15 :�iLtit�7'FS ADJOL7LtiED PALM DFSERT CITY COUNCII, MEETING DECEMBER 3, 1992 s:..: s s s s s s s s s s s s s s s s s s s s s s*** s s s s s s s s Mr. Marix thanked the Council and said the BIA looked forwazd to continuing to work with City staff. G. APPOINTMENT TO THE EL PASEO BUSINFSS ASSOCIATION BOARD OF DIRF.CTORS. Councilman Wilson moved to, by Minute Motion, appoint Ms. Sandra Harvey to the El Paseo Business Association Board of Directors to fill the vacancy created by the resignation of Mr. Billy Pence. Motion was seconded by Snyder and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVA� OF LIEN ASSESSMENT FOR LOT ABATEMENT. Mr. Allen reviewed the staff report, noting that the fust notice to the property owner to abate the public nuisance had been returned because the forwarding address had expired; a second notice was mailed to the new address and was returned unclaimed. He said the City's contractor had subsequently abated the lot, and staff recommended adoption of the resolution assessing a lien on the property. Mayor Benson declared the public hearing oven and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and she declazed the public hearing closed. Councilman Wilson moved to, waive further and adopt Resolution No. 92-114, assessing a lien against Parcel Number 627-092-025-9 for lot abatement costs plus 25 % administrative fee. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. I3EOUEST FOR APPROVAL OF PREANNAXATION DEVELOPMENT AGR.E:EMENT AS IT PERTAINS TO THE FUTURE DEVELOPMENT OF A 75-ACRE SITE LOCATED ON THE NORTH SIDE OF DINAH SHORE DRIVE APPROXIMATELY 1295 FFET WEST OF MONT'EREY AVENUE, �ASE NO. DA9�-1 (A.J. LOU, aka ALYCE LAZAR, APPI,ICANT`). With Council concurrence, Mr. Diaz gave one oral staff report to cover Public Hearings B, C, D, and E, which he said were all related and were within the Annexation No. 30 area. H� said all of the development agreements reaffirmed previous commitments and Council's policy relative to annexations in that the City will accept and abide by any previous County approvals for as long as their time lasts. Mr. Diaz recommended that the four ordinances be passed to second reading at the meeting of December 17, 1992, at which time another public hearing would be held to consider adoption of a resolution approving Annexation No. 30. Mayor Benson declared the public hearing �n and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and she declared the public hearing �losed. .. — EL: ADJOURNED PALM DESERT CITY COUNCIL MEETING DECEMBER 3, 1992 * * * * * * s * * • * * * * * * * * • * * * * * • * * * * * Councilman Wilson moved to waive further reading and pass Ordinance No. 694 to second reading. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. REOUEST FOR APPROVAL OF PRENNAXATION DEVELOPMENT AGREEMENT AS IT PERTAINS TO THE FUTURE DEVELOPMENT OF A 70.67 ACRE SITE LOCATED ON THE EAST SIDE OF MON'TEREY AVENUE, 2666 FEET NORTH OF GERALD FORD DRIVE, CASE NO. DA92-.2 (MC PROPERTIES, A PARTNERSHIP, AND MacLEOD COUCH LAND COMPANY, A PARTNERSHIP, APPLICANTS). NOTE: For staff report, see public hearing "B". Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and she declared the public hearing closed. Councilman Snyder moved to waive further reading and pass Ordinance No. cal to second reading. Motion was seconded by Kelly and carried by unanimous vote of the Council. D. REQUEST FOR APPROVAL OF PREANNEXATION DEVELOPMENT AGREEMENT AS IT PERTAINS TO THE FUTURE DEVELOPMENT OF REAL PROPERTY LOCATED WITHIN ANNEXATION NO. 30, CASE NO. DA92-3 (RANCHO MIRAGE INDUSTRIAL PARK; HENRY MELBY, TRUSTEE OF THE B.H. FORTNER TESTAMENTARY TRUST; AND BERNARD AND JEANETT DeBONNE, APPLICANTS). NOTE: For staff report, see public hearing "B". Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and she declared the public hearing closed. Councilman Kelly moved to waive further reading and pass Ordinance No. 6$9 to second reading. Motion was seconded by Snyder and carried by unanimous vote of the Council. E. REOUEST FOR APPROVAL OF PREANNEXATION DEVELOPMENT AGREEMENT AS IT PERTAINS TO THE FUTURE DEVELOPMENT OF REAL PROPERTY LOCATED WITHIN ASSESSMENT DISTRICT NO. 30, CASE NO. DA92-4 (MONTEREY PALMS, APPLICANT). NOTE: For staff report, see public hearing "B". Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and she declared the public hearing closed. Councilman Wilson moved to waive further reading and pass Ordinance No. 1292 to second reading. Motion was seconded by Snyder and carried by unanimous vote of the Council. 17 tiiL'��i; TES �JOURNED PALM DESERT CITY COUNCII, MEETING DECEMBER 3, 1992 i * * �R ! ! i � i # R * * # i # * # i * * f • # • i 1 i * i i ! * i • * � i XIX. ORAL CO1��VIiJNICATIONS - D None xx. and0 � Councilman Wilson moved to adjourn the meeting at 7:25 p.m. Motion was seconded by Snyder and carried by unanimous vote of the Council. Aitest: , � /� / h , ` � t � � / � SHEILA R. LIGAN, CLERK CITY OF PALM DFSER , CALIFOItNIA _ 18 , ' . .1.-��'�-� � .� /�' ti','; .T�� M. BENS4N, MAYOR � r ,� 0