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Home My WebLink About1992-12-17MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING T'HURSDAY, DECEMBER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. IL PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder HI. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Excused Absence: Councilman Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Ramon A. Diaz, ACM/Director of Community Development Richard Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Executive Director of RDA Paul Shillcock, ACM/Economic Development Director Paul Gibson, Finance Director/City Treasurer Pat Conlon, Director of Building and Safety Dave Millheim, Human Resources Director Catherine Sass, Community Arts Manager V. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of December 3, 1992, and the Regular City Council Meeting of December 10, 1992. Rec: Approve as presented. !1'LI.'�rL'TE.S ADJOURNED PALM DFSERT CTTY COUNCII. MEETIl�IG DECEMBER 17, 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 s � i �V f �, � U f �� ! s � �� ! !1 f �\ � • � Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bighorn Golf Club for Bighorn Golf Club, 255 Palowet Drive, Palm Desert. Rec: Refer to Department of Community Development for processing of Conditiona� Use Permit. D. CLAIM AGAINST THE CITY (#199) by Angel Sierra on Behalf of Minor Jamie Sierra in an Unspecified Amount. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. E. PREI.IMINARY SCHEDiJI.FS OF INVFSTMENTS as of September 30, October 31, and November 30, 1992. Rec: Rective and file. F. BESOLUTION NO. 92-115 - A Resolution of the Ciry Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (November 1992). Rec: Waive further reading and adopt, G. $�QUFST FOR CONSIDERAT'ION of Sunline Bus Stop Relocation on Town Center Way. Rec: By Minute Motion: 1) Approve the relocation plan as presented in the staff report dated Doctmber 17, 1992; 2) authoriu staff to proceed with discussions with Sunrise Media and Sunline Transit on joint pmject funding. H. LETI'ER OF RFSIGNATTON from Mrs. Carolyn Miller from the Palm Desert Civic Arts Committee. Rec: Receive with sinctre regret. I. REOLTFST FOR APPROVAL of Change Order No. 1 to Design Contract (No. CQ5970) for Toro Peak SWrm Drain Phase I(Revisions for Caltrans Cmssing on Highway 111). Rec: By Minute Motion, approve Change Order No. 1 to the subject contract with Sanborn/Webb, Inc. to include the crossings of Highway 111 to the scope of work in the amount of S 10,000. � 2 ADJOURNED PALM DESFRT CITY COUNCIL MEETING DECEMBER 17, 1992 * a * * * * * * * * * * * * * * * * * * * * * • * • * * * * * * * * J. REQUEST FOR APPROVAL of Change Order No. 2 to The Keith Companies Contract (No. C04650) for Additional Work and Scope of Fred Waring Drive and Monterey Avenue Storm Drain/Street Rehabilitation Project. Rec: By Minute Motion, approve Change Order No. 2 to The Keith Companies contract in the amount of $20,000 for increased scope of engineering work for the subject project and authorize the appropriation of $12,600 from the Unobligated Drainage Fund Reserves. K. AWARD OF CONTRACT for Landscape Maintenance Services for the Palm Desert Sports Facility (Contract No. C06860). Rec: By Minute Motion: 1) Reject the low bid by Vintage Landscape Maintenance; 2) award the bid to Carter & Carter Landscape in the amount of $39,474.00 ($3,289.50 per month). L. REOUEST FOR AUTHORIZATION to Readvertise and Call for Bids for the Construction of Ironwood Park (Contract No. C06610). Rec: By Minute Motion: 1) Reject bids received; 2) authorize the City Clerk to readvertise and call for bids for the construction of Ironwood Park. M. ACCEPTANCE OF WORK for the Curb and Gutter and Cross Gutter Repair Program (Contract No. C06060). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N. REQUEST FOR APPROVAL of Final Tract Map 26123-2 (Sunrise Company, Applicant). Rec: Waive further reading and adopt Resolution No. 92-116, approving Tract Map 26123-2. O. REQUEST FOR CONSIDERATION of City -Wide Annual Striping. Rec: By Minute Motion: 1) Approve staffs striping program as described in the staff report dated December 17, 1992; 2) concur with staffs recommendation in utilizing the County of Riverside's Transportation staff to conduct the program in an amount not to exceed $75,000. P. REOUEST FOR CONSIDERATION of PERS Service Credit for Councilmembers. Rec: By Minute Motion, authorize the reappropriation of $17,000 from Account No. 110-4110-410-1115 for the buyback of prior service credit of Councilmembers with the Public Employees Retirement System (PERS). 3 MI.'��.. TE.S ADJOURNED PALM DESERT CITY COUNCII. MEETIlVG DECII1�iBER 17, 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 Mr. Altman asked that Item K be removed for separate discussion under Section IX, Consent Items Held Over. Upon motion by Snyder, second by Kelly, and unanimous vote of the Council, the remainder of the Consent Calendar was approved as presented. VI. ORAL CO1��Il1�iUNICATIONS - A MS. MARLENE PEISAKOFF, resident of Desert Falls Country Club, stated she could not attend the 7:00 p, m. portion of the meeting and wished to comment on the proposed shopping center at the corner of Cook and Country Club. She said she had no objection to any of the shops and restaurants planned but expressed concern that the theater might cause problems such as increased crime in the community. VII. RESOLUTIONS None With Council concurrence, Mayor Benson suspended the remainder of the Agenda at this point in order to consider Item A of New Business. See that portion of the Minutes for Council discussion and action. � VIII. ORDINANCFS � „�•_� • , • t A. ORDINANCE NO. 698 - AN ORDINANCE OF THE CTl'Y COUNCII. OF THE CTTY OF PALM DFSERT, CALIFOItNIA, AMENDING TTS CONFLICT OF I]N1'EREST CODE. Mr. Erwin reviewed the memorandum in the pack�ets and offered to answer any questions. He noted that the amendment would bring the City's Conflict of Interest Code into compliance with new State laws. Councilman Wilson movod to waive further reading and pass Ordinance No. 698 to second reading. Motion was seconded by Snyder and carried by unanimous vote. B. ORDINANCE NO. 699 - AN ORDINANCE OF T'HE CITY COUNCII, OF THE CITY OF PALM DESERT, CALIFORIVIA, RF.PEALING SF.CTION 2.52.230 OF THE PALM DESERT MUIVICIPAL CODE RELA'TII�IG TO OBSERVED CTTY HOLIDAYS AND ADDING A NEW SECTION 2.52.230 RELATIlVG TO OBSERVED CTTY HOLIDAYS. Mr. Altman noted the staff report in the packets relative W observance of Martin Luther King Day as a City holiday. He offered to answer any questions. Councilman Snyder moved to waive further reading and pass Ordinance No. 699 to second reading. Motion was seconded by Kelly and carried by �nanimous vote. 4 .vi.L....... LA... ADJOURNED PALM DES"r1" CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * 1 * * * * * * * * * * * * 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-UNTT MAXIMUM PLANNED COMMUNITY REFERRED TO AS "THE CREST", CAS B NO. C/Z 90-12 (Continued from the Meeting of December 3, 1992). Mr. Altman stated that Mr. Diaz was still working on this matter and asked that it be continued to the next meeting. Councilman Wilson moved to continue this item to the meeting of January 14, 1993. Motion was seconded by Snyder and carried by unanimous vote. B. ORDINANCE NO. 694 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PREANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND A.J. LOU AKA ALYCE LAZAR, PERTAINING TO THE FUTURE DEVELOPMENT OF A 75-ACRE SITE LOCATED ON THE NORTH SIDE OF DINAH SHORE DRIVE, CASE NO. DA 92-1 PREANNEXATION DEVELOPMENT AGREEMENT. Mr. Altman stated that no changes had been made to this ordinance since its introduction, and he recommended adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. c124. Motion was seconded by Snyder and carried by unanimous vote. C. ORDINANCE NO. 695 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PREANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MC PROPERTIES, A PARTNERSHIP, AND MACLEOD COUCH LAND COMPANY, A PARTNERSHIP, PERTAINING TO THE FUTURE DEVELOPMENT OF A 70.67-ACRE SITE ON THE EAST SIDE OF MONTEREY AVENUE, 2666 FEET SOUTH OF GERALD FORD DRIVE, CASE NO. DA 92-2 PREANNEXATION DEVELOPMENT AGREEMENT. Mr. Altman stated that no changes had been made to this ordinance since its introduction, and he recommended adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. (225. Motion was seconded by Wilson and carried by unanimous vote. 5 NUIrurEs ADJOURNID PALM DESERT CITY COUNCII. MEETIlYG DECE11��iBER 17, 1942 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 s s D. ORDINANCE NO. 696 - AN ORDINANCE OF THE CITY COUNCII. OF THE CITY OF PALM DESERT, CALIFORIVIA, APPROVING A PR:�:ANNE��ATION DEVELOPMENT AGP:�:EMENT BETWEEN THE CTTY OF PALM DESERT AND RANCHO MIRAGE INDUSTRIAL PARK, A CALIFOItNIA LII�ZTTED PARTNF.RSHIP, RUYEN INTERNATIONAL CORPORATTON; HENRY MELBY, TRUSTEE OF THE B.H. FORTNER TESTAMENTARY TRUST; AND BERNARD AND 7� DEBONNE, FOR Ti� FUTURE DEVELOPMENT OF REAL PROPERTY LOCATED WITHIN ANNEXATION NO. 30, CASE NO. DA 92-3. Mr. Altman stated that no changes had been made to this ordinance since its introduction, and he recommended adoption. Councilman Kelly mov�d to waive further reading and adopt Ordinance No. ¢�. Motion was seconded by Snyder and cazriod by unanimous vote. E. ORDINANCE NO. 697 - AN ORDINANCE OF 'THE CITY COUNCIL OF Tf� CITY OF PALM DESF1tT, CALIFORNU�, APPROVII�IG A PREANNEXATION DEVEI.OPMENT AGR.EiEMENT BEiTVVEFN Tf� CTTY OF PALM DESERT AND MONTEREY PALMS FOR THE FUTURE DEVELOPMENT OF REAL PROPF.RTY LOCATED WITHIN ASINF.XATION NO. 30, CASE NO. DA 92-4. � Mr. Altman stated that no changes had been made to this ordinance since its introduction, and he recomma�ded adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. �. Motion was seconded by Snyder and cazried by unanimous vote. IR. CONSENT ITF.MS HEL.D OVER K. AWARD OF CON'I'RACT for Landscape Maintenancx Servicts for the Palm Desert Sports Facility (Contra�cct No. �$�. Rec: By Minute Motion: 1) Reject the low bid by Vintage Landscape Maintenance; 2) award the bid to Carter & Carter Landscape in the amount of 539,474.00 (53,289.50 per month). Mr. Alhnan stated that this pmject needs to be coordinaWd with the Cities of Rancho Mirage and Indian Wells before the contract is awarded. H� said a meeting had been scheduled for the beginning of 1993, and he re�ommended continuance of the item. Councilman Kelly moved W continue this matter to the metting of January 14, 1993. Motion was seconded by Wilson and canied by unanimous vote. 0 ADJOURNED PALM DESERT CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * * * * • * * * * * • * * * * * * * * S * * X. NEW BUSINESS A. PRESENTATION BY PALM DESERT PROMOTION COMMITTEE ON NATIONAL VIDEO NEWS RELEASE RELATIVE TO GOLF CARTS ON THE STREET PROGRAM. Mr. Chuck Davis, Davis and Associates, stated that the Promotion Committee had authorized a video news release to promote the program and educate the public about golf carts on City streets. He said the program would break on January 1, 1993, and would include background on the City, its resort lifestyle, etc. He added that on January 21 they would satellite transmit information on video to 25 major markets, not only in California but nationally. He noted that no additional money was being requested and that the cost would be covered within the existing budget. Councilman Wilson stated he thought this sounded like a good plan. No Council action was necessary for this item. B. REQUEST FOR CONSIDERATION OF GOLF CAR TELEVISION SHOW PROPOSAL BY MR. TOM EMMETT. Mr. Shillcock noted the two staff reports in the packets relative to the proposal to produce a number of half-hour television programs to promote the use of electric golf cars. He stated that a presentation had been made to the Promotion Committee which endorsed the concept but recommended that the sponsorship proposal be restructured to include broader participation by the private sector and that the City's participation be in the form of providing information for education and safety features for street operation of golf cars. MR. TOM EMMETT, 75-451 Santa Fe Trail, Palm Desert, said he felt the City should get information out to the public relative to where on City streets they can drive their golf carts, how they are made street legal, where to go to obtain a license, etc. He reviewed his proposal attached to the staff report and offered to answer any questions. Upon question by Councilman Kelly relative to cost, Mr. Emmett responded that it would cost approximately $2,000 per episode ($4,500 per month to have two shows per month). Councilman Kelly said he felt this was a good program and could see it as something that should be no trouble getting sponsors for in order to keep it going. He added that he felt it was something that would be a great promotion for Palm Desert as well as for the entire Coachella Valley. Councilman Kelly moved to, by Minute Motion: 1) Endorse the concept as outlined in staff report dated December 3, 1992; 2) direct staff to disseminate City of Palm Desert Golf Cart Transportation Program information to the golf cart industry and local business representatives. Motion was seconded by Wilson and carried by unanimous vote. 7 MLtiL;TFS ADJOL'RNID PALM DESERT CI'TY COUNCII. MEETING DECEMBER 17, 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 C. RFQT��'t' FOR GONSID�RATION OF TORO PEAK STORM DRAIN PROJECT PHASES II AND III. Mr. Folkers reviewed the staff report, noting that staff had been negotiating with the City of Indian Wells for some time on this project. There had be�n a change in the administration, and Indian Wells now had an Acting City Manager and Acting Public Works Director, and Indian Wells was willing to give more money than they had in the past. Based on those discussions, staff recommended that the City retain the firm of Williamson & Schmid to do the design work, with an estimated cost to the City of a2 million for all three phases. Councilman Snyder stated he was glad to see this finally come to a conclusion. Councilman Kelly moved to, by Minute Motion, approve the following: 1) That the City of Palm Desert act as the lead agency for the design of the Toro Peak Storm Drain from Highway 111 to the Whitewater Flood Control Channel; 2) that the City of Indian Wells participate in the 25 percent of the design costs while the City of Palm Desert participates in the remaining 75 percent share; 3) that the consulting firm of Williamson & Schmid be retained (Contract No. C070701 in an amount not to excced �75,000 (subject w negotiations by City staffl due to their design activities with the Indian Wells low-income housing project. Motion was seconded by Snyder and cazried by unanimous vote. D. I�EOUEST FOR CONSIDERATION OF MONTEREY AV`FNZJFJI-10 INTERCHANGE � AREA I]VT'FRIM SIGNALIZATION. Mr. Follcers r4wiewed the staff report, noting that the County of Riverside had taken over as lead agency to upgr�a�de this intorsection; however, there were interim measures that needed to be handled, such as temporary traffic controls, especially during rush hours. He said staff would also like to see the City of Rancho Mirage involved in this interim signalization, but they indicated they would like to see how things develop befor� they put any money into the project. With regard to staff s second recommendation, he said he would just as soon bring this matter back to Council for final approval. He added that staff wanted to malce sure sotnething is in before th� tourist season begins. Councilman Wilsa� stated he would have no problem authorizing staff to proceed but would like to see th� final of what staff is proposing. Councilman Kelly said he felt the intersection was a definite safety hazard and was concerned that having staff s proposal come back might delay the interim measures. Iie said he trusted staff to go ahead and get it done as quickly as possible. Mr. Follcers stated that staff could send copies of reports to the Council and City Manager in order to keep them appraised and answer any questions as the project proceeds. Councilman Wilson stated that th� worst times seemed to be people going to and from work in the early mornings and after work in the evenings. He asked what had happened to the County proposal to put traffic officers out there to keep traffic maving through during those times. 0 ADJOURNED PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * % * * * • * * * • * * DECEMBER 17, 1992 * * * * * * * * * * $ Councilman Kelly responded that he had talked to Supervisor Larson yesterday and had asked that she stress to her staff the importance of moving ahead with the City on this project. He suggested perhaps trying one more time to put someone out there for traffic control. Mr. Folkers added that the problem was with Caltrans, not the County. Councilman Wilson moved to, by Minute Motion: 1) Concur with Public Works staff s position as to the need for interim traffic control in the form of intersection signalization at the following locations: a) Monterey Avenue/I-10 Eastbound Ramp, b) Monterey Avenue/Varner Road, c) Varner Road/Westbound I-10 Ramps; 2) Appropriate an amount not to exceed $50,000 from the Measure A funding source to be made available for specific project matters such as signalization design, equipment purchasing and installation, and related electrical or sign and striping works; 3) Authorize staff to enter into negotiation with the County of Riverside and Caltrans in the development of fair -share funding formula to be presented to City Council for approval; with the proviso that staff work with the County on an interim live human being solution to the problem. Motion was seconded by Kelly and carried by unanimous vote. E. REQUEST FOR CONSIDERATION OF THE CREATION OF A SOFTBALL ORIENTED SPORTS COMPLEX TO AUGMENT EXISTING VALLEY RECREATIONAL FACILITIES AND ATTRACT VISITORS TO THE AREA. Mr. Shillcock stated that the proposal to be presented to Council had been developed over a number of months and after a series of meetings with the developer. He said it had also been presented to the Economic Development Advisory Committee, Parks and Recreation Commission, and Promotion Committee; all agreed the concept had merit and would add to the recreational opportunities in the Valley and assist in efforts to attract tourists to the area. MR. RICK ODEXIRK spoke as the applicant and stated he had been a professional baseball player for the last ten years. He introduced his father, Ron Odekirk, owner and developer of the Troy Building and Plaza Portola on El Paseo. He also introduced Mr. Jim Hilkemeyer, President of Sports Parks of America. He reviewed the proposal, noting that this sports park would include facilities for softball, basketball, volleyball, soccer, and flag football. MR. JIM H1LICEMEYER, Tucson, Arizona, reviewed the proposal in detail and offered to answer any questions. MR. RON ODEKIRK, 75-476 Augusta Drive, Indian Wells, asked that Council endorse this concept and asked for assistance in finding a location, preferably in Section 4. He also requested assistance with financing the project, noting that his company was prepared to put $1 million into this venture. He said he felt this was a project that everyone would be proud of. Upon question by Councilman Wilson relative to locating a site for the project, Mr. Altman recommended that Council endorse the concept and direct staff to go back and find a specific site. 9 tilllr�ti TES ADJOURNED PALM DFSERT CITY COUNCII. MEETIl�IG DECEN�ER 17, 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 Councilman Wilson stated he had heard this presentation three times and was more excited each time. He said he felt it was something that is different and helps to broaden our base of attractions. He said he would like to see Council endorse the concept and direct staff to find a site and work out the legal ramifications as quickly as possible. Councilman Kelly stated that although he felt the idea looked and sounded great, he had some concerns. He said he would be against the proposed sports if he thought it would resemble the one he saw in Tucson, which he felt was a shabby place. Mr. Ron Odeldrk responded that all that is available today is parks that are not built to the spocifications they should be. He said the park in Tucson was one of the first built by private enterprise, was not build to the standards he would want, and he would not be building one like it. He said he had seen a successful park in Sunnyvale with ten fu11y-occupied fields. The proposed proje�t would be a world-class facility and something the Council would not be ashamed of. He added that it would bring in close to 300,000 visitor days per year, and the people would spend approzimately $3 million. It would be a year-round facility that would benefit local businesses, restaurants, etc. , and would be another type of recreation besides golf for the Valley. Councilman Kelly stated that for a long time the City had been looldng at Section 4 as a location primarily for a golf and conference complex, and he would hate to see this facility - in Secdon 4. He said he was not against the cone.tpt as long as it is located in the proper plact. Because Section 4 has development along three sides, he expressed concern with the sound system and lights for night play. Councilman Snyder said he liked the idea but agreed with Councilman Kelly that it should be in a different location, perhaps closer to the expressway. He added that he admired what the developer was doing and hoped a combination of private financing and City financing would create something everyone could be proud of. He suggested that staff concentrate on finding a location. Mr. Ron Odelrirk stated that this facility would not compete with little league parks and would be used mainly for adult play because of the current lack of sufficient fields for adult play. He said he understood the Council's concerns about Section 4 but felt they could not make softball fields work in a location like Interstate 10 because of the wind which affects the games. He added that he hoped the City could find a suitable site that would acr,ommodate the facility. Councilmember Benson expressed concern with the project being located in Section 4 and with the City participating monetarily when there are other projects that have been in the works for a long time. She objected to lights and loud speakers in residential areas but agreed with it in concept if staff could find a proper location for it. Mr. Altman suggestod that Council refer the matter to staff with direction to not rule'out Section 4 but to look into alternate sites and come back with the pros and cons of each. .___ -- 10 NILN L l r....3 ADJOURNED PALM DET CITY COUNCIL MEETING * * * * * * * * * * 41 * * * * * * * * * * * * DECEMBER 17, 1992 * * * • * * * * * * * * Councilman Kelly said he had such strong concern that this project not be located in Section 4 and that he felt staffs objective should be to find an alternate location. Councilman Wilson responded that he felt it was unreasonable to rule out Section 4 since it is such a large plot of land, with the west side adjacent to a golf course and the north side vacant land. He said this project would not have to be right up against a housing development, and there might be a suitable location in Section 4 that would work and would be sensitive to concerns about noise and lights. Mr. Ron Odekirk stated they wanted to be in Palm Desert and would go with whatever staff comes up with. Councilman Wilson moved to, by Minute Motion, direct staff to work with the developer to refine the proposal, come up with a financing package and proposed locations (does not have to be only one, could be several), and bring back recommendations as soon as possible, taking into consideration concerns raised by Council during this meeting. Motion was seconded by Snyder and carried by unanimous vote. F. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega reviewed the letter received from Mr. Stephen Merritt of Palmer CableVision relative to the switching of Channel 38 onto Channel 2. Councilman Wilson stated he felt the reception on Channel 2 from Los Angeles was the poorest of all in quality and asked whether this would change with the addition of Channel 38. MR. STEPHEN MERRITT, General Manager of Palmer CableVision, responded that the microwave system now being used was that which they had contracted for from a common carrier, and all cable systems in the Valley used the same common carrier. In addition to the existing Palmer system, that is the only way to bring Los Angeles signals into the Valley. MR. PETE SIELER, Vice President/General Manager of ICECY Channel 38, 646 Main Street, El Centro, explained the way television signals are transmitted from Los Angeles to the Valley. 2. Status of Multi -Agency Library. Mr. Diaz stated that negotiations were ongoing with College of the Desert and the Riverside County Library and that he had nothing new to report at this time. 11 t1Lti L; TFS ADJOL'RNID PALM DFSERT CITY COUNCII. MEETING DECE�'1�1BER 17, 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 3. Council Request for List of Change Orders to RDA-Funded Projects. Mr. Ortega reviewed the staff report in the packets and offered to answer any questions. Councilman Wilson suggested that staff set up a process where we have some of our in-house experts that would really scrutinize the architectural plans before they go out to bid and look at items such as electrical, plumbing, grading, etc. Mr. Altman responded that most of these pmjects are RDA-funded and that each one is looked at very carefully. Mr. Conlon added that the projects listed were not typical projects that the Building and Safety Dtpartment would be involved with. He noted that there is a construction committce that looks at the City projects before they go out to bid. Mr. Altman stated that staff would come back at the next meeting with a report ezplaining the City's process. XI. COrfTINUED BUSINESS A. REOUEST FOR CONSIDERATION OF AGREEMENT (NO. C06g90) FOR LAW ENFORCEMENT SERVICES BE'I'WEEN THE CTTY OF PALM DESERT AND THE COUNTY OF A:IVERSIDE (11/O1/92 - 10/20/9'n. (Continued from the Meetings of September 24, October 8, October 22, November 12, and December 3, 1992). Mr. Altman asked that this item be continued to the me�ting of January 28, 1993. Councilman Wilson moved to continue this matter to the meeting of January 28, 1993. Motion was seconded by Snyder and carried by a 3-a1-1 vote, with Councilmen Crites and Kelly ABSENf (Councilman Kelly had excused himself from the metting for a few minutes). B. REOUEST FOR APPROVAL OF AMENDMENT TO THE BYLAWS AND JOINT POWERS AG� FOR THE PALM SPRINGS/DESERT RESORTS CONVENTION AND VISTTORS BUREAU (Continued from the Meetings of November 12 and December 3, 1992). Mr. Altman recommended that this be continued to the meeting of January 28, 1993. Councilman Snyder moved w continue the matter to the meeting of January 28, 1993. Motion was seconded by Wilson and carried by a 3-0-0-1 vote, with Councilman Crites ABSENT and Councilman Kelly ABSTAIl�IING . 12 MLN L. Lt.. ADJOURNED PALM DES'FRT CITY COUNCIL MEETING DECEMBER 17, 1992 * a * * * a * * * * * * * • * * * * * * * * . * * * * * a * * a * * * XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF TRAFFIC CONTROLS ON PORTOLA AVENUE AT PORTOLA COUNTRY CLUB (QUICKSILVER DRIVE). Mr. Altman complimented Mr. Folkers for putting this together and said staff felt the solution outlined in the report was a good one. Mr. Folkers reviewed the report, noting that Council had previously approved staff s recommendation to install a three-way stop at the intersection of Portola and Quicksilver because of the slope protection project being done by the Coachella Valley Water District in the Whitewater Channel. The project was now complete, and staff recommended removal of the temporary controls. He said meetings had been held with representatives of Portola Country Club's Board of Directors to discuss options available for traffic control in the area. Because minimum warrants for a traffic signal were met, staff recommended design and installation of a traffic signal pending an agreement with the Portola Country Club Homeowners Association to share in half of the cost. Mayor Benson asked if the homeowners had agreed to pay half of the cost, and Mr. Folkers responded that they were polling their members but that the President was not there right now. He said he believed the next Board meeting was scheduled for January 10th or 14th but that the sentiment seemed to be that they would pay their fair share. Councilman Kelly stated he had met with the residents and advised that the City does everything it can to avoid adding signals anywhere in the City. This signal as planned would only trip if people are coming out of Portola Country Club to go south on Portola; the rest of the time it would remain green for through traffic on Portola Avenue. He said he felt this was a good solution that would make it safe for people to live at Portola Country Club. Councilman Wilson asked what happened with the suggestion to move the main entrance down to the north gate and whether that gate lined up with the entrance to Chaparral Country Club. Mr. Folkers responded that it does not line up with the Chaparral Country Club entrance. In addition, the gate is so narrow the City would have to purchase one or more trailer lots to obtain the necessary width. Upon further question by Wilson, Mr. Folkers responded that there was no area within this park that lines up with Chaparral Country Club that through acquisition of property an entrance could be located. Councilman Snyder said he felt the negotiating team did a good job and that this was a good solution to the problem. He moved to, by Minute Motion, approve the following: 1) That the City of Palm Desert share in at least 50 percent of the costs for the design and installation of a traffic signal at the subject location pending an agreement with the Portola Country Club Homeowners Association; 2) that City staff develop an interim solution between the removal of the temporary three-way stop control and the installation of a traffic signal. Motion was seconded by Kelly. 13 ML'� L� T Ej ADJOL'R'�1ED PALM DESERT CTTY COUNCIL MEETING DECEMBER 17, 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 Councilman Wilson said he had seen many country club entrance signals that trip immediately and stop 20 to 40 cars to allow one vehicle to exit the country club; he said he had also been frustrated when a vehicle pulls up, the light turns red for through traffic, and the car ends up turning right, which would not have necessitated the light changing. He asked if technology has come farther so that the signal will not trip automatically and would not change unless the vehicle exiting wishes to turn left. Mr. Folkers responded affirmatively. Mayor Benson called for the vote. Motion carried by a 3-0-1-1 vote, with Councilman Crites ABSENT and Councilman Wilson ABSTAINING. XIII. REPORTS AND RT11�iARI�S A. CTTY MANAGER None B. CTTY ATTORNEY Mr. Erwin requr..sted a Closed Session at the appropriate time pursuant to Government Code Section 54956.9(b), Threatened Litigation. C. MAYOR AND MEMBERS OF TI� CITY COUNCII. � � � !�! :-. � ; �� None • � � 1 �f � 1! 11 S_- � ��.� �. None XIV. ORAL CONIl1�iCTNICATIONS - B None Councilman Wilson moved to adjourn to Closed Session at 5:50 p. m. for purposes stated by the City Attorney, said Closed Session to immediately follow adjournment of the Redevelopment Agency Meeting. Motion was seconded by Kelly and carried by unanimous vote. 14 ADJOURNED PALM DESFRT CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Benson reconvened the meeting at 6:00 p.m. and recessed for dinner after announcing the following action taken in Closed Session: Councilman Snyder moved to, by Minute Motion: 1) Deny the supplemental claim against the City (#194) by Louise Chapple in an unspecified amount and direct the City Clerk to so notify the Claimant; 2) deny the subro demand from Safeco Insurance Company with regard to the claim against the City by Louise Chapple (#194) and direct the City Clerk to so notify Safeco Insurance Company; 3) deny the claim against the City (#200) by Loran Chapple in an unspecified amount and direct the City Clerk to so notify the Claimant. Motion was seconded by Kelly and carried by unanimous vote. Mayor Benson reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS Mayor Benson welcomed Boy Scout Troop 76 from Palm Desert and noted they had met earlier with the City Clerk to earn their Citizenship Merit Badges. She introduced each of the Scouts and presented them with City of Palm Desert Golf Cart Pins. XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF CHANGE OF ZONE, PRECISE PLAN OF DESIGN, TENTATIVE PARCEL MAP, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 226,790 SQUARE FOOT .RETAIIJCOMMERCIAL CENTER AT THE NORTHWEST CORNER OF COUNTRY CLUB DRIVE AND COOK STREET, Cook Partners Limited Partnership. Case Nos. C/Z 924. PP 92-6. PM 27400 (Continued from the Meeting of November 12, 1992). Mr. Diaz reviewed the staff report and the recommendation that Council affirm the Planning Commission decision and approve the change of zone, precise plan of design, and parcel map subject to conditions. He noted that Council had continued this hearing from its meeting of November 12, 1992, because of concerns raised by several area residents that they had not been notified of the hearing. Mayor Benson declared the public hearing =en and invited testimony in FAVOR of or OPPOSED to this request. MR. WILLIAM CARVER, applicant, showed Council a book with examples of the architectural style of Mexico City artist Luis Barragon, which would be used for this project. 15 �'IIl�1L'TF.S ADJOURNED PALM DESERT CITY COUNCII. MEETIl�IG DECE1�fBER 17, 1992 • * • i i i • • • • i # i i t • • � * S # i s • • # i * i * i * t * i • i ! He said he wantod to make the area an architectural statement and something that would win awards. He added that the Architectural Review Commission had felt he was on the right track. MR. KF.N FEENSTRA, Project Manager, stated he had met with homeowners of Desert Falls last month to explain the project, explain the diagrams, and answer questions raised by them, and that he fe�t comfortable with the reactions. He said there were still some issues that needed to be clarified: - A letter had be�n received from Art Garcia of Ralph's Grocery Store requesting modification of the sign on the building. - Staff report dces not reflect whether Ralph's would be allowed to be open 24 hours, with the understanding that the noise ordinance would take care of any noise problems. - The center is allowed to have an identification sign for each street. They were r�questing a variance for a tenant identification sign for the major tenants on the monument sign on Country Club Drive (six feet by twelve feet). - They had been befon the Art-In-Public-Place Committoe and nceded to go back and � work on th� character of thc obelisk. H� said they would bt meeting with them again next wetk. - A letter had been received from SunLine Transit Agency relative to bus stops. He said he had responded to the letter on December 2, 1992, and submitte� a copy to the City Clerk (on fil� and of record in the City Clark's Office). - If the request from Ralph's is not granted, there is a concern about closing stores as eazly as 11:00 p.m. when there are some restaurants with bars which should be allowod to remain open until 2:00 a. m. MR. MATTIE CARRARO, resident of Desert Falls Courtyard, said he had attended the November 12th Council meeting and had advised the Council that residents in his area had not been notified of the meetings; therefore, Council postponed the project. He said none of the 44 homeowners had yet to receive any letters, although Mr. Feenstra did come out and tallc to some of them. � Mr. Diaz stated that the matter had been continued to allow staff to investigate notification of the original heazing. It was found that notification not only met but exceeded the Code requirements. 1fie applicant met with homeowners, and the Homeovmers' Association and residents of Desert Falls were told about this meeting and reminded about it through their newsletter. Staff also sent notices to the property management firm reminding them about today's me�ting and telling them they could come down to City Hall and look at the pla.�s. lb ADJOLTILNEEI PALM DESERT CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * • * * * * * * * • * * * * * • * * * * * * * * * * * * A gentleman who resides at 109 Brandigo Circle stated that people in the Courtyards were not members of the master homeowners' association. In answer to Mayor Benson's question as to whether the Courtyards was within 300 feet of the project, he said they were the most proximate to the project. He said they were concerned about visibility of the project from the Courtyards, noise, and the additional signage being requested. Mr. Diaz stated that staff s recommendation from the very beginning has been that no variance to the Code be granted regarding number and height of signs. MR. BUZZ RADOFF, General Manager of The Lakes Country Club, said he had not been contacted by the developer at all. He said he was not there to oppose or approve of the project but wanted to go on record that The Lakes had not received notification. Mr. Feenstra stated he had been told he needed to call Randy Ankeny who then advised that he should also contact Bill Reed, John Gobel, and Ed Mulligan. Mr. Radoff responded that Randy Ankeny is the department head under him who is in charge of the condominium facilities committee and is not in any way a representative of the association. He said he himself was the only one on the payroll and should have been the contact person. He added that Bill Reed is security chief but said he did not recognize John Gobel or Ed Mulligan. Upon question by Mayor Benson, Mr. Feenstra said he was given Randy Ankeny's name by someone at The Lakes, and that Mr. Ankeny had given him the additional names. Mayor Benson declared the public hearing gloat. Councilman Wilson stated he had reviewed the information provided by Mr. Carver on the architectural style and was excited about what the developer was trying to do. He said he felt it would be nice to have something besides red tile roofs with everything looking the same. With regard to notification, he said Council had asked that residents of both Desert Falls and The Lakes be contacted. He said the project had been delayed quite a bit and that he would be willing to move forward with the recommended approval of the project on a first reading if the approval could be conditioned upon a meeting to be held with the General Manager and appropriate people at The Lakes between now and second reading of the ordinance, with input to be brought back to the Council before said second reading. Mr. Erwin suggested that Council: 1) Waive further reading and pass the ordinance to second reading; and 2) hold adoption of the two resolutions until second reading of the ordinance on January 14, 1993. Mr. Diaz asked that second reading of the ordinance and adoption of the resolutions be held until the meeting of January 28th to allow sufficient time to meet with The Lakes representatives and work out their concerns. 17 :�rL�rEs ADJOC'R'vED PALM DESERT CITY COUNCII. MEETIl�IG DECEMBER 17, 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 s s Councilman Wilson asked Mr. Radoff if it would be possible to set up a meeting prior to the January 14th meeting and, if not, the matter could be continued to January 28th. Mr. Radoff responded that he felt it was possible to set up such a meeting before January 14. Upon question by Mayor Benson relative to The Villas at Desert Falls, Mr. Feenstra stated that there are two Homeowners' Boards. He said he had met with the representative of one of the Boards, Sharon Horner, and a meeting had been held with those homeowners. The representative of the other association, the Masten' Association, had taken plans to her board, and the response was that the members had no problem with the project. Councilman Wilson moved to: 1) Waive further reading and pass Ordinance No. � to second reading, approving a change of zone, C/Z 92-4; 2) by Minute Motion, direct staff and the applicant to conduct a meeting with the appropriate officials at The Lakes Country Club prior to second reading of the ordinance on January 14, 1993; 3) continue Resolution No. 92-105, approving a precise plan of design, PP 92-6, subject to conditions, to the meeting where Ordinance No. � is adopted; 4) Continue Resolution NO. 92_106, approving a parcel map, PM 27400, subject to conditions to the meeting wher� Ordinance No. � is adopted. Motion was seconded by Snyder and cazried by unanimous vote. B. $�QUFST FOR APPROVAL OF LIEN ASSESSMENT FOR ABATEMENT OF PARCELS. MS. EVEI.YN BRIDGES, Code Compliance Officer, reviewed the staff report, noting that , siz of the nine parcels had been paid. She stated that the resolution needed to be amended to delete the following parcels: No. 625-322-008-4, No. 622-200-026-8, No. 640-040-006-8, No. 627-063-005-1, No. 627-052-033-2, and No. 625-064-014-8. Mayor Benson declared the public hearing Q�t1 and invited testimony in FAVOR of or OPPOSED to this request. MR. JOHN MURPHY, 1200 Plaza Tiempo Road, Palm Springs, spoke relative to Parcel No. 622-192-010-9 owned by Robert and Judith Lewis. He sid he felt the amount charged (5335.00 plus 25 96 administrative cost for a total of 5415.75) was ezcessive. He said for the past two years he had taken a laborer over to this parcel to clean it at a cost of 560.00 for four hours, including removal of the debris to the dump. Ms. Bridges responded that the City hires Frank Ortega to clean these lots, and she felt he does an excellent job to the complete satisfaction of the Code Compliance Department. She addod that she had never questioned his bills in the past. Upon question by Mayor Benson relative to whether r.,.r�.lf owners aze given notice that they can clean the lots themselves, Ms. Bridges reviewed the history of notices mailed for this particular property owner. Mr. Murphy stated he felt an ezperienced contracWr could clean the lot in half the time. He added that he had asked if anyone from the City ever physically checked to make sure the contracWr was cleaning the lot and was told no. Ms. Bridges responded that she had advised � - 18 .1 ILA-. 1/4. • ADJOURNED PALM DESFRT CITY COUNCIL MEETING DECEMBER 17,1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that she did not supervise the contractor; however, she did go out afterwards to make sure the work is completed. Mr. Erwin noted that the property owner had known about this for approximately six months and had not done anything about it. Upon question by Mr. Altman, Ms. Bridges responded that other lots of this size with a similar type of debris on the lot had been cleaned in the same manner, and the property owners had paid a similar amount. Mayor Benson stated that staff would look into the charges. Councilman Wilson agreed and said he felt we need some kind of audit process, even if it is just a spot check to see how much manpower is being put into the cleaning of the lots. Ms. Bridges responded that for each of the lots she goes out with Mr. Ortega to inspect them and tells him what she wants done. MR. CHARLES TUNSTEAD, 73-170 Banff Street, Thousand Palms, owner of Parcel No. 630-190-030-0, also expressed concern with the charge for cleaning his lot. He said when he received notice from the City, he and his son had gone out to the property and cleared it in less than two hours. Upon question by Mayor Benson, he responded that he had not notified staff after cleaning the lot. Councilman Snyder moved to waive further reading and adopt Resolution No. 92-117, confirming assessments on property owners for abatement of weeds and other nuisances, amended to delete Parcel Nos. 625-322-008-4,622-200-026-8,640-040-006-8,627-063-005-1,627-052-033-2, and 625-064-014-8, all paid. Motion was seconded by Kelly and carried by unanimous vote. C. CONSIDERATION OF THE ADOPTION OF A RESOLUTION APPROVING AN ANNEXATION OF APPROXIMATELY 499 ACRES TO THE CITY OF PALM DESERT, GENERALLY LOCATED SOUTH OF INTERSTATE 10 AND THE SOUTHERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, EAST AND WEST OF MONTEREY AVENUE, ANNEXATION NO. 30. Mr. Diaz reviewed the staff report, noting that this annexation included the Price Club area. He said this would finalize the annexation, and he recommended adoption of the resolution. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this annexation. Mr. Erwin noted for the record a letter delivered from Cynthia Ludvigsen, attorney for the parties entering into the development agreements with the City, indicating that as long as those development agreements are in place and are not amended or modified, they would not object to the annexation. He added that the agreements had not been changed and that he would, therefore, not consider the letter as opposition. 19 NIIIr�L�TF..S ADJOL'RNED PALM DFSERT CITY COUNCII. MEETING DECEMBER 17, 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 With no further testimony offered, Mayor Benson declared the public hearing ��. Councilman Kelly moved to waive further reading and adopt Resolution No. 92_ 11 g, completing Annexation No. 30. Motion was seconded by Wilson and carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF THE APPROVAL OF THE PREZOIVING OF THE SUNCREST COUNTRY CLUB STTE LOCATED ON THE NORTH SIDE OF COUNTRY CLUB DRIVE AND EAST SIDE OF MONTEREY AVENUE PR-7 (PLANNED RESIDENTIAL SEVEN DWELLING UNI'TS PER ACRE) FOR TF� PURPOSE OF FACII.ITATING ANNEXATION OF THE AREA TO THE CTTY OF PALM DESERT AND APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PERTAIIVING THERETO, CASE NO. GZ 92-3. THIS ITEM WAS CONSIDERED JOINTLY WITH PUBLIC HEARING "E". SEE VERBATIM TRANSCRIP'T ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". Councilman Wilson moved to waive further reading and pass Ordinance No. 7� to second reading, amending Ordinance 107, the Palm Desert Zoning Map, by prezoning part of Section 5, TSS R6E, PR-7 (planned residential, seven dwelling units per acre). Motion was seconded by Snyder and carried by unanimous vote. E. REOUEST FOR CONSIDERATION OF THE ADOP'TION OF A RESOLUTION REQUESTII�IG LAFCO TO TAKE PROCEEDINGS IN'Tf� MATTER OF ANNEXATION NO. 31 -- TI� AREA NORTH OF COUNTRY CLUB DRNE AND EAST OF MONTEREY AVENUE, SPECIFICALLY 'THE SUNCREST COUNTRY CLUB. THIS TTEM WAS CONSIDERED JOINTLY W[TH PUBLIC HEARING "D" . SEE VERBATIM TRANSCRIPT ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A" . Councilman Wilson movod to waive further reading and adopt Resolution No. 92-119, requesting LAFCO to take pmceedings in the matter of Annezation No. 31 (Suncrest Country Club). Motion was seconded by Snyder and carried by unanimous vote. RIR. ORAL COMMiJNICATIONS - D None r 20 ADJOURNED PALM DESERT CITY COUNCIL MEETING DECEMBER 17, 1991 * * * * * * * * * * • * * * * * * * * * * * * * * * * * * * * * s * xx. ADJOURNMENT Councilman Wilson moved to adjourn the meeting at 9:05 p.m. to Monday, December 21, 1992, at 8:30 a.m. Motion was seconded by Snyder and carried by unanimous vote. ATTEST: 4 SHEILA R. GILLIGAN, Y CLERK CITY OF PALM DES , CALIFORNIA Ms:BENSON, MAYOR 21 MLtiti TES ADJOURNED PALM DESERT CITY COUNCII, MEETING DECEMBER 17, 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 EXHIBIT "A" � m PALM DESERT CITY COUNCIL MEETING LOCATION 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 �. pAIE THURSDAY, DECEMBER 17, 1992 7:00 P.M, �PORTED BY TAMARA A, MIRZA C,S.R, N0. 6874 'h� SAN Dt�60 0�}}(,z �� 'OURT REPORTER� (�1f) t�illN �� N� ��`"� °�"�` OF PALM SPRINGS � (tl�� tl�llM A°""�a C��owt� Drra�few� laoe�s � �1 ht �qu�ta C��qoe M�q'. 9Yre 10Q �i �r. ��, o.rie�.. �ii�c iy�R�� t��i�0l0 ' L06 AN661ES OFflCE Bro�dw» Plau (fl7) 3/7•Ni0 SAN �ElNAtDlNO OR10E Mdrewn BwldmR � (71�) tWM2 -�. � ' - -- =. 0 MINUTES ADJOURNED PALM DES T CITY COUNCIL MEETING DIUMBER17,VM12 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LA.ttlflhl "A" 1 APPEARANCES: 2 3 JEAN M. BENSON, MAYOR 4 S. ROY WILSON, COUNCILMAN 5 WALTER SNYDER, COUNCILMAN 6 DICK KELLY, COUNCILMAN 7 BRUCE ALTMAN, CITY MANAGER 8 DAVID ERWIN, CITY ATTORNEY 9 SHIELA GILLIGAN, CITY CLERK 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 COURT REPORTERS OF PALM SPRINGS ML'�"L, TES ADJOURNED PALM DESERT CITY COUNCII, MEETING DECEMBER 17, 1992 * * * � * * * • i i * * • # # # # i # * * �t • i • • i * * • i i * * # * i i � `- � �' � � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PALM DESERT, CALIFORNZA THURSDAY, DECEMBER 17, 1992 8:08 P.M. MAYOR BENSON: THE NEXT PUBLIC HBARZNG IS A REQUEST FOR CONSIDERATION OF THE APPROVAL OF THE PREZONING OF THE SUNCREST COUNTRY CLDB SITE LOCATED ON THE NORTH SIDE OF COUNTRY CLUB DRIVB AND EAST SIDE OF MONTBREY AVBNUE, PR-7 (PLANNED RESIDBNTIAL SEVEN DWELLING UNITS PBR ACRE), FOR THE PORPOSE OF FACILITATING ANNEXATION OF THB ARBA TO THE CITY OF PALM DBSERT, AND APPROVAL OF A NEGATIVE DBCiARATION OF ENVIRONMBNTAL IMPACT PERTAINING THBRETO, CASE N0. C/Z 92-3. MR. ALTMAN: YBS, MR. DIAZ i�IILL COVER THIS ONE. MR. DIAZ : YES, !rlADAM MAYOR, MBAlBERS OF THE COUNCIL, STAFF WOULD RECOMMEND TSAT YOU ALSO OPEN THE PUBLIC HEARING ON ITEM E, WHICH WOULD BE THE RESOLUTION -- ADOPTION OF THE RESOLUTION TO PROCEED WITH THB FIRST STEP OF THE ANNEXATION THAT IS GOZNG TO L.A.F.C.O. ON THIS ANNEXATION AFTBR THE ANNEXATION NO. 31 PREZONING IS INVOLVED. THE ISSUE BEFORE US THIS EVENING -- AND THIS IS ONE ANNEXATION WHERE A GREAT DEAL OF INFORMATION, AND AT TIMES MISINFORMATZON, HAS BEEN 3 r "'' C RT REPORTERS OF PALM SPR. ;S 'AINUTES ADJOURNED PALM DES! 7' CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * --. * * * * * * * * * * * * * * * * * * * * * * * * * LA1111311 "A" 1 PASSED BACK AND FORTH. STAFF HAS MET WITH THE 2 HOMEOWNERS IN THAT AREA, WITH THE PROPERTY OWNER IN 3 THAT AREA AND A COMBINATION OF MEETINGS WITH 4 HOMEOWNERS AND PROPERTY OWNER. IN THE SUNCREST 5 COUNTRY CLUB THE HOMES ARE INDIVIDUALLY OWNED, BUT 6 THE ENTIRE PROPERTY IS OWNED BY ONE INDIVIDUAL, AND 7 HE WILL BE HERE SPEAKING ON THE ANNEXATION ISSUE. 8 WE ARE PREZONING THE PROPERTY PR-7, WHICH 9 IS CONSISTENT WITH THE OTHER ZONING IN THE AREA, THE 10 ZONING ADJACENT TO THE SUNCREST COUNTRY CLUB, AS WELL 11 AS THE VACANT ACREAGE BETWEEN THE SUNCREST COUNTRY 12 CLUB AND THE CITY OF PALM DESERT. 13 STAFF WOULD RECOMMEND THAT YOU APPROVE THE 14 PREZONING ANNEXATION, AND THEN AFTER THAT ADOPT 15 RESOLUTION 92-119 REQUESTING THAT THE LOCAL AGENCY 16 FORMATION COMMISSION TAKE THE PROCEEDINGS ON THIS 17 MATTER OF ANNEXATION NO. 31. IF -- AS A POINT OF 18 INFORMATION, IF THE LOCAL AGENCY FORMATION COMMISSION 19 DOES TAKE THAT, THEY HAVE A PROTEST HEARING, IF THEY 20 MOVE THAT FORWARD THEN WE WOULD HAVE A PROTEST 21 HEARING HERE SIMILAR TO WHAT WE JUST HAD ON 22 ANNEXATION 30, OR THE PRICE CLUB ANNEXATION. 23 SO RIGHT NOW, REALLY BASICALLY WHAT WERE 24 TALKING ABOUT IS, ONE, THE PREANNEXATION ZONING, AND 25 IS THAT THE ZONING THAT SHOULD BE PLACED ON THIS 26 PROPERTY. AND SECONDLY, SHOULD WE GO TO L.A.F.C.O. 4 COURT REPORTERS OF PALM SPRINGS 1�'1.11,UT1�..7 ADJOURNED PALM DESERT CITY COUNCII. MEETING DECEMBER 17, 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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WITH THIS AlATTBR. AND THAT WOULD CONCLUDE THE STAFF REPORT. MAYOR BSNSON: THIS IS A PUBLIC HEARZNG AND I WILL OPEN IT NOW. IS TflERE ANYONE WHO FIANTS TO SPEAR IN FAVOR OF TBIS? MR. MALABYs GOOD EVENING, I AM HAROLD MALABY IN SUNCREST COUNTRY CLUB, SPACE NO. 146. I AM VBRY !�lUCH IN FAVOR OP SUNCRBST BBING ANNBXBD INTO THB CITY OF PALM DESSRT. WB STARTED OUR PROCESS ON THIS IIi Ml►Y THE 3RD OF ' 92 FIITH A MEETING OF THE HOMBOWIiERS AND BOARD MEMBERS. OI�1 5/ 2 8 i�/B HAD PBOPLB FROM YOUR STAFF COME OUT AND TAL1C TO US AT OUR FACILITIBS. ON 7/21 TSBRB WAS A PALM DBSERT PLANNING COMMISSIOI�1 MBSTI�IG, TO WHICH IT WAS AGAIN DISCUSSED. JIUGUST THB 18TH, PALM DESERT PLANNING MBETING, COMMISSIOI�I MBETING i�TAS AGAIN SELD. THBN II�I OCTOBER TEB 14TH, THE CITY OF PALA! DSSBRT l►T 3:30 P.M., WE TALRED WITH STEVE SMZTH AND MR. DZAZ AI�1D MANY OF THE PEOPLB FROM OUR -- AND MR. BBFBLD �1AS THBRB, AND l�lEMBERS OF OUR BOARD OF DIRECTORS. SO THIS HAS BEEN GOING ON FOR SOME TIME. BUT FIB ARE VERY MUCH -- WE HAVE PRESENTED PETITIONS TO YOUR COUNCIL HERE R$PRESENTING 62 PERCENT OF THE 5 �— . ` l .JRT REPORTERS OF PALM SPR_ _.uS 0 V1INUTES ADJOURNED PALM DEST T CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Atillii "A" 1 HOMEOWNERS IN FAVOR OF THE ANNEXATION. 2 I WANT TO SAY TONIGHT THOUGH THAT I REALLY 3 APPRECIATE THE EFFORTS OF YOUR STAFF AND THE FIRE 4 DEPARTMENT, POLICE DEPARTMENT, THE BUILDING 5 DEPARTMENT, YOUR ACCOUNTING DEPARTMENT, THAT HAS 6 GIVEN US INFORMATION SO THAT WE CAN DISSEMINATE THIS 7 TO OUR PEOPLE IN OUR PROJECT. I REALLY APPRECIATE IT 8 AND YOUR COOPERATION HAS BEEN VERY, VERY FAVORABLE. 9 TO EXPEDITE TIME I WOULD LIKE, AT THIS 10 POINT, TO HAVE ALL OF THOSE PEOPLE THAT ARE IN FAVOR 11 OF THE ANNEXATION TO STAND UP. 12 (MEMBERS OF AUDIENCE 13 FOR APPROVAL STAND.) 14 THAT WILL GIVE YOU, I THINK, A VERY GOOD 15 INDICATION OF OUR CONCERN ABOUT THIS MATTER. I 16 CERTAINLY HOPE IT WILL CONTINUE ON AND YOU WILL 17 APPROVE IT SO WE WILL HAVE THE OPPORTUNITY TO BE A 18 PORTION AND A PART OF THE CITY OF PALM DESERT. 19 THANK YOU VERY MUCH. 20 MAYOR BENSON: THANK YOU. THANK YOU FOR THE 21 NICE COMPLIMENTS ON OUR STAFF. I THINK THEY DO A 22 GOOD JOB, TOO. 23 IS THERE ANYONE ELSE WHO WANTS TO SPEAK IN 24 FAVOR OF IT? 25 THOSE THAT ARE HERE THAT WANT TO SPEAK 26 AGAINST THIS ANNEXATION. 6 COURT REPORTERS OF PALM SPRINGS ML'�'i;TES ADJOURNED PALM DFSERT CITY COUNCII, MEETING DECEMBER 17, 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 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT "A" MR. BEFELD: MADAM MAYOR, MEMBERS OF THE COUNCZL, MY NAME IS GERHARD BEFELD. I, ALONG WITS MY WIFE, ARE SOLE OWNERS OF SUNCREST COUNTRY CLUB. WE REPRESENT 100 PERCENT OF THE LANDOi�INBRS IN THE AREA UNDER STUDY TO BE ANNEXED TO THE CITY AT THIS TIME. AS THE ONLY LANDOWNER IN THB AREA TO BE ANNEXED, I AM HERE TONIGHT TO OBJECT TO THE ANNEXATION. I ALSO PRESENT TO YOU SIGNATURES FROM OVER 160 REGISTERED VOTERS OF SUNCREST, OVER 43 PERCENT OF THB RBGISTERED VOTERS IN THE AREA TO BE ANNEXSD, ALSO OBJECTING TO THE ANNBXATIOtI. THIS IS A SIGNIFICALdT PROTBST BY RESIDENTS WHICH CANNOT AND SHOULD NOT BE IGNORED BY THE COUNCIL. BARLIER THIS YEAR, A PETITION WAS PRESENTBD TO YOU RESPECTING ANNEXATION OF SUNCREST TO PALM DBSERT. TflAT PETITION SIGNED BY OVER 200 RESIDBNTS GAVB THE IMPRESSION THAT ANNBXATION HAD OVB.RWHELMING SUPPORT BY THE RESIDENTS AND REGISTERED VOTERS OF THB CLUB. SEVERAL PROBLEMS, HOWEVER, EXISTED WITH THAT PETITION. FIAST, THE PETITION WAS CIRCLUATED WITH LITTLE DISCUSSION OF THE ZSSUES; TSE OLD, "SERE, SIGN THIS, IT'S A GOOD THING." SECOND, THE PETITION WAS CIRCULATED BY SEVERAL I�OTIVATED INDIVIDUALS WHO STAND TO GAIN LARGE FINANCIAL BENEFITS FROM BEING IN THE CITY COMPARED TO 7 i-- "'� C.tT REPORTERS OF PALM SPR� ,S -imarrEs ADJOURNED PALM DEST T CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" 1 OTHER RESIDENTS. 2 THIRD, SIGNERS WERE NOT TOLD THAT THEY HAD 3 TO BE REGISTERED VOTERS AT SUNCREST TO SIGN SUCH A 4 PETITION. 5 AND FINALLY, THE ENTIRE ANNEXATION EFFORT 6 WAS BEGUN WITHOUT CONSULTATION WITH, OR THE KNOWLEDGE 7 OF, THE OWNER OF 100 PERCENT OF ALL OF THE REAL 8 PROPERTY IN THE AREA TO BE ANNEXED. 9 SINCE THE PLANNING COMMISSION 10 RECOMMENDATION TO THE CITY COUNCIL, WE HAVE HAD THE 11 OPPORTUNITY TO ENGAGE IN DISCUSSIONS OF THE 12 ANNEXATION ISSUE WITH RESIDENTS OF THE PARK. OVER 43 13 PERCENT OF THE REGISTERED VOTERS AT SUNCREST HAVE NOW 14 SIGNED A PETITION AGAINST THE ANNEXATION, MANY OF 15 WHOM WILL BE GIVING TESTIMONY TONIGHT. I IMPLORE YOU 16 NOT TO IGNORE THE WISHES OF SUCH A SUBSTANTIAL NUMBER 17 OF VOTERS. THUS, I, AS SOLE OWNER OF THE PROPERTY IN 18 QUESTION, WILL SPEAK ONLY TO MY CONCERNS WITH RESPECT 19 TO THE ANNEXATION AND LET THE RESIDENTS SPEAK FOR 20 THEMSELVES. 21 I WILL EXPLAIN MANY OF MY OBJECTIONS TO 22 THE ANNEXATION IN A MOMENT, BUT I WOULD LIKE TO POINT 23 OUT TO THE COUNCIL THAT MY OBJECTIONS ARE ONES THAT 24 CAN BE RESOLVED THROUGH DISCUSSION AND NEGOTIATION. 25 MANY OF THE PROBLEMS OF ANNEXATION ARE MERELY TIMING 26 ISSUES, AND A CONTINUANCE OF THIS VOTE IS APPROPRIATE 8 COURT REPORTERS OF PALM SPRINGS 1�II1�'UTFS ADJOURNED PALM DFSERT CITY COUNCII. MEETING DECEMBER 17, 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 EX��BIT "A" i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN ORDER TO ADDRESS THOSE CONCERNS AND REMOVE THE OBSTACLES WHICH CURRENTLY EXIST. AS YOU MAY RECALL FROM THE LAST SEVERAL TIMES YOU SAVE SEEN ME, I HAVE BEEN WORRING LONG AND HARD FOR THB SIGNAL AT SUNCREST'S ENTRY. I AM CONCBRNBD THAT THB ANNEXATION EFFORT MIGHT EFFECT -- OR TflE ANNEXATZON, RATHBR, MIGHT EPFECT THB FUNDING COMMITMBNT WE HAVE FROIr! THE COUNTY i�TITH REGARD TO THAT SIGNAL, WHICH IS $25,000. I AM ALSO CONCERNED THAT THE POTBI�1TIAi LOSS OF SUPERVISOR LARSON'S SUPPORT FOR THE PROJBCT MIGST MA10E IT TOO EASY FOR THE CITY TO BBCOMB ENAMORED WITH THE PROPOSED WAL-MART PAOJBCT AND MOVB THB SIGNAL THERE. OBVIOUSLY, THE SIGNING OF THE CONSTRUCTION CONTRACTS FOR TBB SIGI�IAL WOULD LAY THIS CONCERN TO REST. ANOTHBR CONCBRN I HAVE RELATES TO CODES AND ORDINANCBS. MY PROPERTY CURRENTLY IS IN COMPLIANCB WITH COUNTY CODES AND ORDINANCES. THERE ARE, HOFIBVBR, DIFFERENCES IN COUNTY AND PALM DESERT ORDINANCBS, CODBS AND POLICIES PERTAINING TO INSPBCTIONS, STREET DESIGN, SIGNAGE AND OTHER REQUIRBMBNTS. I HAVE REQUESTED, BUT HAVE NOT RECEIVED, VERIFIABLB ASSURANCES FROM THE CITY THAT I WILL NOT HAVE TO MAKE ADDITZONAL INVESTMENTS IN THE PROPERTY WHICH THE COUNTY WOULD NOT REQUIRE, AND THAT ALL ASPBCTS OF MY OPBRATION ARE ACCEPTABLE TO THE 9 r- � C RT REPORTERS OF PALA! SPR �S � MLNUTES ADJOURNED PALM DES' T CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * _, * * * * * * * * * * * * * _ * * * * * * * * * * * * EXHIBIT "A" 1 CITY AS THEY CURRENTLY EXIST. 2 WE ALL KNOW THAT THE DRIVING FORCE BEHIND 3 THE ANNEXATION IS THE CITY'S RENT CONTROL ORDINANCE. 4 THIS, IN AND OF ITSELF, IS DISTURBING AND SUBVERTS 5 THE VERY PURPOSE FOR ANNEXATION. OUR LEASES COMPLY 6 WITH THE COUNTY RENT CONTROL ORDINANCE, WHICH ALLOWS 7 100 PERCENT OF THE ANNUAL C.P.I. INCREASE, WHILE THE 8 CITY ORDINANCE ALLOWS 75 PERCENT OF THE ANNUAL 9 INCREASE. IF ANNEXED TO THE CITY, THIS WILL HAVE AN 10 ADVERSE EFFECT ON MY INCOME, WHILE THE BENEFITS TO 11 EACH RESIDENT IS MINIMAL. THAT ADVERSE EFFECT WOULD 12 CONTINUALLY COMPOUND OVER TIME. 13 FAR MORE SERIOUS, THOUGH, IS THE VACANCY 14 DECONTROL ASPECT OF THE CITY'S ORDINANCE. BECAUSE OF 15 UNIQUE CIRCUMSTANCES, A MINORITY -- A SUBSTANTIAL 16 MINORITY OF RESIDENTS CURRENTLY HAVE LEASES WITH RENT 17 PAYMENTS UP TO $50 PER MONTH LESS THAN THEIR 18 NEIGHBORS. UNDER THE COUNTY ORDINANCE, THE SITUATION 19 CAN BE RECTIFIED WHEN THE LEASES EXPIRE; UNDER THE 20 CITY ORDINANCE, IT CANNOT. 21 WORSE YET, THE CITY ORDINANCE PERPETUATES 22 THE INEQUITY EVEN WHEN HOMES ARE SOLD: THE EFFECT ON 23 ME COULD RUN INTO THOUSANDS OF DOLLARS. THE 24 SITUATION ALSO CREATES THE INEQUITY THAT SOME SELLERS 25 ARE ABLE TO PASS ON LOWER RENTS TO BUYERS FOR 26 COMPARABLE SPACES, WHILE OTHERS CANNOT. THIS WILL 10 COURT REPORTERS OF PALM SPRINGS 1�1LNUTF..S ADJOURNED PALM DFSERT CITY COUNCII. MEETING DECEMBER 17, 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 s s EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ie 19 20 21 22 23 24 25 26 RESULT IN FRICTION BETWEEN RESIDENTS AND A DIVIDED COMMUNZTY. DIVIDED COMMUNITIES ARE NO FUN TO LZVE ZN OR OPERATE. I DO BELIEVE, HOWEVER, TflAT THERE MAY BE ENOUGH COMMON GROUND ON THIS ISSUE TO WORR OUT A COMPROMISE, FAIR AND ACCEPTABLE TO ALL. BUT SUCH AN ARRANGEMENT MUST BE REACHED BETWEEN THE CITY AND I�IN ADVANCE. BBCAUSB I A!! THE ONLY LANDOWNBR EFFECTED BY THIS ANNEXATION PROPOSAL, I FEEL THE CITY SHOULD DO MORE TO ALLAY MY CONCERNS THAN THEY HAVB TO DATB. OVER MY VEHEMENT OBJECTION, THE PLANNING COMMISSION PREZONED MY VACANT PARCEL IMMEDIATELY ADJACBNT TO TflB COUNTRY CLUB PR-7, ALONG WITH THE MOBILE HOME PAR1C ITSELF. TSIS IS TOTALLY UNACCEPTABLB TO MB AND IS A VERY SERIOUS FINANCIAL BLOW. THB COUNTY CURRENTLY HAS THIS VACANT PROPERTY ZONED W-2, AiLOi�IING ALL RINDS OF USES. THE ONLY WAY TSIS ANNBXATION WOULD BE PALATABLE TO ME IS IF THE 12-AND-A-HALP 1►CRBS WERB ZONED COMMERCIAL, ESPECIALLY IN LIGHT OF THB FACT THAT I WOULD PROBABLY HAVE TO MARE FINANCIAL CONCESSIONS TO MARE THE RENT CONTROL ISSUE WOR1C. I ALSO HAVE SOME CONCERNS ABOUT THE LEGAL PROPRIETY OF FIHAT IS BEING PROPOSED. THE PARR NEXT DOOR TO ME, PALi! DESERT GREENS, IS IDENTICAL IN USE AND IS ALSO WITHIN THE COUNTY. WHY ISN'T PALM DESERT 11 � � ��RT REPORTERS OF PALM SPI� 3S MINUTES ADJOURNED PALM DES'T CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" 1 GREENS A PART OF THIS ANNEXATION PROPOSAL INASMUCH AS 2 THEY HAVE THE SAME RIND OF USE AND ARE SIMILARLY 3 SITUATED ON COUNTRY CLUB DRIVE? I QUESTION WHETHER 4 THIS KIND OF DISPARATE TREATMENT IS APPROPRIATE AND 5 SUGGEST THAT THE COUNCIL ANALYZE THE LEGAL 6 RAMIFICATIONS OF IT AND DEFER PASSING ON AN 7 ANNEXATION PROPOSAL UNTIL THAT ANALYSIS HAS BEEN 8 COMPLETED. 9 IN CONCLUSION, ALTHOUGH I DID NOT INITIATE 10 THIS ANNEXATION PROPOSAL, I AM WILLING TO ENGAGE IN 11 DISCUSSIONS WITH THE CITY AND STAFF TO DETERMINE 12 WHERE THERE IS ENOUGH COMMON GROUND TO WORK OUT A 13 CONSTRUCTIVE AND AMICABLE SOLUTION BETWEEN THE CITY, 14 THE RESIDENTS OF THE PARR AND MYSELF. IF THIS CAN BE 15 ACCOMPLISHED, PERHAPS CONSIDERABLE SUMS OF MONEY CAN 16 BE SAVED, INCLUDING ELECTION COSTS. TIME IS NOT OF 17 THE ESSENCE WITH RESPECT TO THIS ANNEXATION PROPOSAL, 18 BUT A PROPERLY CONSTRUCTED AND FAIR AGREEMENT IS. 19 THANK YOU. 20 MAYOR BENSON: ANYONE ELSE WOULD LIKE TO SPEAK 21 AGAINST THIS? 22 MS. CONLEY: MY NAME IS SHIRLEY.CONLEY. I LIVE 23 AT SUNCREST COUNTRY CLUB, SPACE 83. 24 I JUST WANT TO GET ON THE RECORD SAYING I 25 AM AGAINST THE ANNEXATION AT THIS TIME. I THINK WE 26 NEED MORE TIME TO REALLY LOOK INTO THIS. I DID NOT 12 COURT REPORTERS OF PALM SPRINGS M L�'L; TES ADJOURNED PALM DESERT CITY COUNCIL MEETING DECEMBER 17, 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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SIGN THE FIRST PETITION. Z WAS APPROACHED AND WAS TOLD TO SIGN IT BECAUSE MR. MALABY SAID IT WAS ORAY TO SIGN IT. WELL, AT THAT TIME I DIDN'T RNOW WHO MR. MALABY WAS. I DO NOW. I HAVE SIGNED THIS NEW PETITION AGAINST THE ANNEXATION, AND I WOULD JUST LIRE TO GO ON RECORD SAYING TflAT I THINlC IT S80ULD BE DZSCUSSED FURTHER BEFORE WE MARE A DECISION. THANR YOU. lrlAYOR BBNSON: ANYONE ELSE? MR. 1COLLER: THANR YOU. MADAIr! MAYOR, MEMBERS OF COUNCIL, MY NAME IS CHUCR 1COLLER. I AM AN ATTORNBY WITH THB LAW OFFICES OF ROBMBR i HARNIR, 74-090 BL PASBO. I RBPRESENT THE LANDOWNER, MR. BEFELD, IN THIS MATTER. I COMB TO YOU FIRST WITH THE IDEA OF CONTINUING DISCUSSION ON THIS ANNEXATION. I HOPE THAT THIS IS SOI�ETHING THAT CAN BE DONE IN THE SPIRIT OF COOPERATION AND WITH THE IDEA IN MIND TO MARE EVERYTHII�iG WORR FOR THE BENEFIT OF EVERYBODY INVOLVED. TO THAT END, I HAVE SOME SUGGESTIONS IN WHZCH WB MIGHT BB ABLE TO AMICABLY COME TO A SOLUTION REGARDING THIS PARCEL. MY CLZENT'S MAIN CONCERN IS THE LACR OF COMMUNZCATION AND THE SPEED WITH WHICH THIS APPEARS TO BE BEING PUSHED THROUGH. I HAVE, FROM A LEGAL PERSPECTIVE, SEVERAL 13 � � � RT REPORTERS OF PALM SPF. �S MINUTES ADJOURNED PALM DES'T CITY COUNCIL MEETING DECEM33ER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" 1 TECHNICAL PROBLEMS, AS WELL AS SUBSTANTIVE LEGAL 2 PROBLEMS, WITH THE ANNEXATION ITSELF. AND I KNOW 3 THAT LAWYERS COME BEFORE YOU ALL THE TIME AND SAY, 4 "IF YOU DON'T SEE IT MY WAY, WE'RE GOING TO SUE YOU." 5 AND I DON'T WANT TO COME ACROSS LIKE THAT, BUT I NEED 6 TO ASSURE YOU THAT MR. BEFELD IS VERY CONCERNED ABOUT 7 WHAT IS GOING ON WITH HIS PROPERTY. SO WE NEED TO 8 UNDERSTAND THAT THERE ARE PROBLEMS WITH THE 9 ANNEXATION PETITION THAT WILL BE CHALLENGED, BUT WE 10 WOULD LIKE TO WORK THEM OUT WITHOUT THAT PROCESS 11 GOING ON, BECAUSE FRANKLY, IN THOSE SITUATIONS, THERE 12 REALLY ISN'T A WHOLE LOT OF BENEFIT TO ANYBODY. 13 MR. BEFELD BROUGHT UP THE IDEA OF THE 14 DESERT -- OF THE PALM DESERT GREENS SITUATION. I 15 BELIEVE THAT IS SOMETHING THAT SHOULD BE LOOKED AT. 16 RATHER THAN PIECEMEALING IN PARCELS OF PROPERTY ALONG 17 A MAJOR ARTERY THAT IS A PART OF PALM DESERT, WE 18 SHOULD PROBABLY BE LOOKING AT THE WHOLE, BIG PICTURE 19 AND WHAT WE MIGHT WANT TO DO IN THE FUTURE ABOUT THIS 20 STUFF. 21 AND TO THAT END, BEFORE I BECAME A LAWYER 22 I WAS AN ASSISTANT PLANNING DIRECTOR IN A CITY IN 23 FLORIDA, AND I UNDERSTAND AND I APPRECIATE -- EXCUSE 24 ME, SIR, I'M SORRY THAT THAT BOTHERED YOU. I 25 APPRECIATE A PLANNER'S DESIRE TO DO GOOD PLANNING. 26 AND PLANNING IN THE WHOLE IS ALWAYS BETTER THAN 14 COURT REPORTERS OF PALM SPRINGS 1��L�,"L TES ADJOURNED PALM DFSERT CITY COUNCIL MEETING DECEMBER 17, 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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PLANNING BY THE PIECE. PROBABLY ONE OF THE WORST-REPT SECRETS IN THE CITY OF PALM DESERT RIGHT NOW IS THE WAL-MART PROJECT THAT IS BEING SITED FOR THE CORNER OF THE VACANT PROPERTY THAT ABUTS THIS. WB HAVE A RECOMMENDATION RIGHT NOW TO PREZONE THIS PROPERTY, THE VACANT PARCEL, TO A RESIDENTIAL CLASSIFICATION UNDER THE GUZSB THAT IT IS COMPATIBLB WITH SURROUNDING ZONING. WE ALSO 1CNOFI THAT IF WAL-MART IS TO GO INTO THAT SECTION, THAT 40-ACRB SBCTION, THAT ZONING WILL HAVE CHANGED SIGNIFICANTLY. AND I THINR IT WOULD JUST SIMPLY BB GOOD PLANNING TO LOOR AT THE WHOLE PARCEL AS A i�iHOLB, TO LOO1C AT THAT WHOLE PROJECT AS A i�1HOLE. WHAT IMPACT DOES THIS 12-AND-A-HALF ACRBS OF VACANT PROPBRTY NEXT TO THE 40 ACRBS MAlCB ON THIS PROJECT? WHAT �CIND OF LAND USES ARE GOING TO OCCUR BECAUSE OF THAT7 AND I DON'T THINR THAT HAS BBEN LOORED AT, OR AT LBAST WE'VE SEEN NO RBPORTS THAT ANALYZE IT IN THAT CONTEXT. AND FINALLY, AND I THINR THAT THIS IS VERY IMPORTAIJT, 43 PBRCENT OF THE PEOPLE IN THAT PARR -- AND THIS flAS ONLY OCCURRED IN THB LAST MONTH -- HAVE OPPOSED THIS. AND I THINR THAT MOST OF THE OPPOSITION COMBS FROM LACR OF RNOWLEDGB. AND IF THOSE CONCEANS CAN BE MET, THEN THE BFFORT CAN BE ONE OF COOPERATION INSTEAD OF DEVISIVENESS. 15 J i-- ^ JRT REPORTERS OF PALM SPi GS MINUTES ADJOURNED PALM DES'T CITY COUNCIL MEETING DECEIVIBER 17, 1992 * * * * * * * * * * * * * * * * * * * * * _ * * * * * * * * * * * * EXHIBIT "A" 1 WE WOULD ENCOURAGE YOU TO SIMPLY CONTINUE 2 THIS MATTER SO THAT THESE PROBLEMS CAN BE WORKED 3 OUT. THERE IS NO REQUIREMENT. THIS HAPPENED VERY 4 QUICKLY. THERE IS NO EMINENT EMERGENCY THAT REQUIRES 5 THIS ANNEXATION TO GO FORWARD IMMEDIATELY. AND I 6 BELIEVE THAT WE COULD MEET AND STRAIGHTEN THIS OUT, 7 AND THEN IT CAN GO FORWARD PROGRESSIVELY AND 8 COOPERATIVELY. 9 THANK YOU. I'LL ANSWER ANY QUESTIONS, IF 10 YOU HAVE ANY. 11 THANK YOU VERY MUCH. 12 MAYOR BENSON: ALL RIGHT. BEFORE WE HAVE ANY 13 MORE OPPOSITION TO -- 14 UNIDENTIFIED SPEAKER: CAN I SPEAK FOR -- 15 MAYOR BENSON: WE NEED TO HAVE A FIVE-MINUTE 16 BREAK HERE AND THEN WE'LL GET RIGHT BACK ON IT. 17 (BREAK IN PROCEEDINGS.) 18 MAYOR BENSON: I'LL RECONVENE THE MEETING AND WE 19 WILL GO ON WITH ANYONE WHO WANTS TO SPEAK AGAINST THE 20 ANNEXATION. 21 MR. RESSLER: I AM WALT RESSLER. I LIVE AT 22 252 SOUTHCREST IN SUNCREST COUNTRY CLUB. I'VE LIVED 23 THERE ABOUT TWO AND A HALF YEARS. 24 AND I WOULD JUST LIKE TO SAY I AM AGAINST 25 THE ANNEXATION, AND I DO FEEL -- I KNOW WE DON'T HAVE 26 THE NUMBERS HERE RIGHT NOW -- BUT I DO KNOW WE HAVE 16 COURT REPORTERS OF PALM SPRINGS MIl�IUTE.S ADJOURNED PALM DESERT CITY COUNCII, MEETING DECEMBER 17, 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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 THE NUMBERS, BECAUSE I TOOR PETITIONS AROUND. WE WENT DOOR TO DOOR ZN A CERTAIN AREA OF OUR PARR, AND I WOULD SAY OF THE PEOPLE WE TALRED TO WHO WERE THERE -- I WOULD SAY 40 PERCENT OF THE PEOPLE WEREN'T THERE. THIS•IS JUST ABOUT A THIRD OF THE PARR THAT WE WENT TO. AND ABOUT, OH, I WOULD SAY, THE PEOPLE THAT SIGNED IT, THE PEOPLE WE SAW, I BET YOU WE GOT ABOUT 55 TO 60 PERCENT TO SIGN THE PETITION. SO I FEEL THAT IF WE COULD GET A LITTLE MORE TIME ON THIS I TSINR YOU'LL FIND OUT A MAJORITY OF THE PEOPLB IN THB PARR ARE AGAINST THIS ANNEXATION. THANIC YOU VERY l�lUCS. MAYOR BENSON: ANYONE ELSE THAT WANTS TO SPEAR AGAINST IT? MR. ZEREz AGAINST OR FOR? IdAYOR BBNSON: AGAINST. MR. ZERE: MY NAME IS FRANR ZERE (PHONETIC), AND I�,IVE AT SUNCREST, SPACE 2. I'VE BEEN THERE SEVEN YEARS AT THE END OF THIS MONTH. BVBRYTHING IS GOING FINE. I THINR WE SHOULD LBAVE EVBRYTHZNG JUST LIRE IT IS. I'M AGAINST THE ANNEXATION. THANR YOU. MAYOR BENSON: ANYONE ELSE WHO WOULD LIRE TO SPEAR AGAINST? MS. YOUNG: I AM BETTY YOUNG. I LIVE AT 261. 17 r. �— ^ �'RT REPORTERS OF PALM SPP 3S Mlis41.) LES ADJOURNED PALM DES'IT CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * • * * * * * * * * * * * * _ * * * * * * * * * * * * EXHIBIT "A" 1 I AM AGAINST THE ANNEXATION. I THINK IT 2 SHOULD BE LOOKED INTO, AND I THINK THERE ARE A LOT OF 3 PEOPLE THAT AREN'T THERE THAT COME DOWN IN THE WINTER 4 AND THEY BUY THE PROPERTY AND THEY SHOULD BE -- I AM 5 VERY DEFINITELY AGAINST IT. 6 MAYOR BENSON: WOULD ANYONE ELSE LIKE TO SPEAK 7 AGAINST IT? 8 BEFORE I CLOSE THE PUBLIC HEARING, IS 9 THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK FOR OR 10 AGAINST? 11 MR. SAMOW: I WASN'T INTENDING TO SPEAK TONIGHT, 12 BUT AFTER LISTENING TO THE DISSERTATION THAT WE GOT 13 FROM THE OWNER OF THE PARK AND HIS ATTORNEY, I'M 14 FEELING THAT I SIMPLY MUST. 15 IN THE FIRST PLACE, I DON'T THINK YOUR 16 STAFF IS STUPID, AND I DON'T THINK THE HOMEOWNERS ARE 17 STUPID EITHER, AND I DON'T BELIEVE THIS CITY COUNCIL 18 IS STUPID WHEN PEOPLE SAY YOU DIDN'T TAKE ENOUGH TIME 19 TO STUDY THIS. IT HAS BEEN GOING ON FOR, I KNOW, FOR 20 ALMOST A YEAR OR OVER A YEAR. 21 I DON'T KNOW WHERE THEY GOT -- WE 22 PRESENTED ENOUGH PEOPLE ON A PETITION TO PROCEED WITH 23 THE ANNEXATION. MR. DIAZ HAD COME OUT AND SPOKE TO 24 US, WE ASKED QUESTIONS OF HIM, WE ASKED PROS, WE 25 ASKED CONS. WE DID NOT JUST BLINDLY SIGN A PETITION 26 BECAUSE SOMEBODY PASSED OUT A PAPER. 18 COURT REPORTERS OF PALM SPRINGS ML'�`LrI'FS ADJOURNED PALM DFSERT CITY COUNCII. MEETING DECEMBER 17, 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* EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 YOU HAVE A RESPONSIBILITY. I DON'T RNOW WHY -- WHEN I SIGNED MY LEASE WZTH THAT PARR AND I BOUGHT IrlY PLACB IN THE PARR -- INCIDENTALLY MY SPACE NUMBER IS N0. 11 -- I WAS NOT TOLD THAT I WAS NOT GOING TO LIVE IN THE CITY OF PALM DESERT. AS A MATTER OF FACT, THERE IS NOTHING IN�MY LBASE THAT EVEN MENTIONS THE FACT THAT IT IS A COUNTY PROPERTY. MAYBE I SHOVLD HAVE INVESTIGATED MORB. BOT ON THE OTHER HAND, I DZDN'T, AND THAT IS MY OWN FAULT. BUT I'M NOT -- I'M TZED IN WITH THE LBASE, SO AS FAR AS THE AMOUNT OF 75 PERCENT VBRSUS 100 PERCENT OF THE INFLATION QUOTIENT THAT WB USE, IT IS NOT GOING TO AFFECT MB ANY. AND I THINIC MOST OF THE PEOPLB THERE, IT IS NOT GOING TO AFFBCT THEM EITHER. SO BASICALLY, WHAT WB HAVB IS A PERSON TRYING TO HOLD UP THE PROPERTY FOR HIS OWN FINANCIAL GAIN. AND I CERTAINLY DO NOT OBJECT TO THAT IN THE LEAST. I THINIC IF HE'S ENTITLED TO CHANGE THE ZONING ON HIS PROPERTY, THEN HE HAS EVERY RIGHT TO FIGHT FOR IT. I AM SIMPLY TALRING ABOUT THE HOMEOWNERS THAT WOULD PREFER TO LIVE IN THE CITY OF PALI�! DESERT AS A CITY AIdD TARB THB BENEFITS OF THB CITY, AS WELL AS BEING OUT IN THE COUNTY. NOW THE BIG ARGUMENT IS, AS SOON AS WE GET IN THERE OUR TAXES ARE GOING TO BE RAISED. I DON'T THINR THIS CITY COUNCIL IS GOING TO RAISE TAXES JUST 19 0 _�, URT REPORTERS OF PALM SP IGS MINUTES ADJOURNED PALM DEST CITY COUNCIL MEETING DECEM33ER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * _ * * * * * * * * * * * * EXHIBIT"A" 1 BECAUSE WE CAME INTO THE CITY. 2 MAYOR BENSON: WE DON'T HAVE ANY PROPERTY TAXES 3 IN THE -- 4 MR. SAMOW: WELL, SOME PART OF THE PROPERTY TAX 5 COMES BACK TO THE CITY. BUT YOU HAVE OTHER TAXES 6 COMING INTO IT. BUT THAT IS THE WORD THAT IS BEING 7 PASSED AROUND. YOU WANT TO COME INTO THE CITY? 8 YOU'RE GOING TO PAY HIGHER TAXES. YOU KNOW YOU CAN'T 9 BELIEVE THESE POLITICIANS, NO WAY. BECAUSE AFTER 10 ALL, THEY'RE GOING TO STICK IT INTO YOU ONCE YOU COME 11 INTO THE CITY. 12 NOW AGAIN, I (INAUDIBLE) FOR THE PROBLEMS 13 THAT ARE INVOLVED WITH THE ZONING. I AM ONLY TRYING 14 TO SAY, AS A PROPERTY OWNER IN THE PLACE, I PREFER TO 15 BE IN THE CITY OF PALM DESERT AND NOT IN THE COUNTY 16 OF RIVERSIDE, PRIMARILY BECAUSE THAT IS WHERE I TELL 17 PEOPLE I AN. AND I'M SURE THAT THE REST OF THE 18 PROPERTY OWNERS WOULD JUST AS SOON BE THERE. SO WITH 19 THAT, I EXPRESSED MY OPINION. 20 THANK YOU VERY MUCH. 21 MS. RESSLER: MY NAME IS GLORIA RESSLER, AND I 22 LIVE AT SUNCREST, SPACE 252. 23 MY HUSBAND AND I WERE SOLICITING 24 SIGNATURES AGAINST THE ANNEXATION, AND WHAT CONCERNS 25 ME THE MOST WAS THAT MOST OF THE PEOPLE THAT WE 26 CONTACTED WOULD SAY, "I SIGNED THE FIRST ONE, BUT NOW 2 0 COURT REPORTERS OF PALM SPRINGS MI.��T[.J'I'E.S ADJOURNED PALM DFSERT CITY COUNCIL MEETING DECEMBER 17, 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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I'M NOT SURE, BECAUSE NOTHING WAS REALLY EXPLAINED TO ME. BUT IF Z SIGN YOURS, WILL YOU PLEASE NOT TELL MALABY?" THANK YOU. 1r1AYOR BENSON: WE ARE HERE TO HEAA PRO OR CON OF THIS ANNEXATION. UNIDENTIFIED SPEAICER: EXCUSB ME. THAT IS TffE TYPE OF ATTITUDE WE WERE MET WITH. THANIC YOU. MR. BACHRACHs I AM MR. BACHRACH, AND I RESIDE AT NO. 72 AT SUNCREST COUNTRY CLUB. ALL THBSE INNUENDOS THAT ARB GOING BACR AND FORTH ARB COMPLETELY OUT OF LINB. NOW I DIDN'T DO ANY OF THE RESBARCH WORK. I DIDN'T DO ANY OF THE HOUSB—TO—HOUSB CALLZNG. BUT I SIGN$D FOR THE PETITION. I HAD A REASON AT THE TIME FOR SIGNZNG IT, AND I STILL BBLIBVB 100 PERCENT OF IT. NOW THESE INNUENDOS SINCB THE FILING OF THIS OVBR A PERIOD OF TIME 1CBBP COMING BACR, WELL, IF YOU'RE FOR THE PETITION, FTB MIGHT NOT BE ABLE TO GET LIGHTING, WE MIGHT NOT BB ABLB TO GET SOMETHING ELSE, WE MIGHT NOT BE ABLB TO DO THIS. ALL OF THESB INNUENDOS ARE SAYING THEY'RB GOING TO EFFECT US, BUT WITH NO CONCRETE PROOF OF EVERYTHING. NOW !!A. MALABY WHO WAS HERE BEFORE -- AND HIS COI�lMITTBE DID A TERRZFIC JOB. THEY SPENT flOURS AND HOURS AND flOURS, NOT JUST POUNDING THE DOORS. 21 r— --� :TRT REPORTERS OF PALM SP: GS � MINUTES ADJOURNED PALM DES" 'T CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * * * * * * * a * * * * * _ * * * * * * * * * * * * EXEaBrr"A" 1 NOW THERE ARE A FEW PEOPLE THAT MIGHT NOT -- THAT 2 MIGHT FEEL THERE IS A MISCONCEPTION THAT THE FACTS 3 WEREN'T PRESENTED PROPERLY TO THEM. THAT COULD BE. 4 YOU COULD MISS A FEW WHO THINK THAT THEY DIDN'T GET 5 TEE FACTS PROPERLY. NOW MR. MALABY AND HIS STAFF 6 WORKED MANY, MANY HOURS. THEY CONTACTED THE CITY, 7 THEY CONTACTED THE COUNTY, THEY CONTACTED EVERYBODY. 8 AND I'M NOT SMART ENOUGH TO FIGURE OUT ALL OF THE 9 PEOPLE THEY HAVE TO CONTACT. 10 BUT I WOULD LIKE TO GIVE TO THE COUNCIL -- 11 AND THIS WAS RECOMMENDED BY THE COMMISSION TO BE 12 PASSED TO THE COUNCIL. THIS ISN'T JUST OUR DOING. I 13 WOULD JUST LIKE TO GIVE YOU THIS AND LET THE COUNCIL 14 TAKE A LOOK AT THIS. THE AMOUNT OF TIME AND THE 15 FACTS AND FIGURES, AND MR. MALABY DOESN'T HAVE THEM 16 ALL HERE, BUT THIS WILL GIVE YOU A PORTION OF THE 17 TIME THAT HE SPENT GETTING FACTS AND FIGURES OF 18 TAXES, OF BENEFITS THAT BELONG TO THE CITY AS OPPOSED 19 TO THE COUNTY, THE BENEFITS OF THE FIRE AND THE 20 POLICE. HE DIDN'T JUST COME OUT AND SAY, "YOU'VE GOT 21 TO JOIN. IF YOU DON'T JOIN, THIS IS GOING TO 22 HAPPEN." BE GAVE THEM -- HE PRESENTED THEM WITH 23 FACTS. THE FACTS ARE ALL THERE. NOT THIS INNUENDO. 24 SO ALL I'M SAYING IS, I'M 100 PERCENT FOR 25 TEEM AND FOR ALL OF THE PEOPLE THAT -- EXCUSE ME -- 26 AND ALL OF THE -- I GET A LITTLE EXCITED, EXCUSE ME. 22 COURT REPORTERS OF PALM SPRINGS h1L'��, TES ADJOURNED PALM DFSERT CITY COUNCIL MEETING DECEMB�R 17, 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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OF ALL THE PBOPLE THAT SIGNED THE ORIGINAL PETITION, I THINR YOU'LL FIND THAT IF YOU HAD A MEETING RZGHT HERE TONIGHT AND EXPLAINED BOTH SIDES OF IT, YOU WILL FIND THAT TSOSE WITH THE 42 PERCENT WHO HAVE NOW RESIGNED AGAINST THE PETITION WOULD LOOR AT IT IN ANOTHER WAY. AND ONE MORE FACT. BEAR WITH ME. I FORGOT WHAT IT WAS NOW, BUT IT WAS 1CIND OF IMPORTANT. HAVE YOU GOT TIME? OFF TOP OF MY HEAD, I CAN'T T$INR OF IT OFFHAND. ALL I CAN SAY IS, I AND MY WIFE ARE 100 PERCENT -- OH, I RNBW WHAT I WAS GOING TO SAY. MR. BEFELD IS ENTIRELY CORRECT IN SOME OF HIS OPPOSITIONS. ONE OF THEM, PARTICULARLY, IS THE ANNEXATION OF TH8 PROPERTY HE OWNS NEXT TO IT, WHICH WOULD BB AFFECTBD BY THB WAY IT WAS ZONED ACCORDING TO COUNCIL'S RBCOMMENDATION WITH WAL-MART COMING IN. I CAN UNDERSTAND THAT -- MAYOR BBNSON: LET ME CORRECT THAT. THE COUNCIL HASN'T RECOMMENDBD THAT WAL-MART COME IN THERE. THIS IS NOT A HBARZNG ON THAT PROPERTY, WHICH IS ZONED RESIDBNTIAL. MR. BACHRACH: I APOLOGIZE. BUT I CAN UNDERSTAND HIS FEELINGS TOWARDS THAT, AND THERE IS A RECOMMENDATION TOWARDS THAT. I CAN UNDERSTAND THAT. HE IS THE OWNER OF THE 23 ,,._ ,..� JRT REPORTERS OF PALM SPl .GS MINUTES ADJOURNED PALM DES' 'T CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXEUBIT"A" 1 PROPERTY. HE IS ENTITLED TO A FAIR RETURN ON HIS 2 INVESTMENT. I CAN UNDERSTAND THAT 100 PERCENT. THE 3 ONLY THING I AM SAYING IS THAT AS FAR AS BEING A 4 HOMEOWNER ON THAT PROPERTY, I FEEL THAT I, MY WIFE, 5 AND THOSE WHO I KNOW HAVE SIGNED THE PETITION, FEEL 6 THAT THE PETITION SHOULD BE GRANTED. 7 MAYOR BENSON: THANK YOU. 8 ALL RIGHT, I ASKED FOR THOSE IN FAVOR 9 BEFORE AND NOBODY CAME FORWARD, BUT GO AHEAD. 10 IF YOU WILL BE BRIEF. 11 MR. FLAGG: I WILL BE BRIEF. 12 MY NAME IS BILL FLAGG. I LIVE AT NO. 51 13 AT SUNCREST. 14 I JUST WANT TO SAY THAT THE NEIGHBORS 15 AROUND ME WHO ARE NOT CLOSE, PERSONAL FRIENDS AND 16 MYSELF ARE 100 PERCENT IN FAVOR OF ANNEXATION. THERE 17 YOU ARE. THAT'S IT. 18 MAYOR BENSON: THANK YOU. 19 MR. MORRISON: MADAM MAYOR, COUNCIL, I'LL BE 20 VERY BRIEF. MY NAME IS RICHARD MORRISON. MY WIFE 21 AND I LIVE AT SPACE 198, SUNCREST COUNTRY CLUB. 22 WE ARE VERY MUCH /N FAVOR OF THE CITY 23 ANNEXATION. I HAVE WORKED WITH MUNICIPALITIES FOR 24 OVER 30 YEARS. IN ONE CAPACITY, IN ONE CITY FOR 12 25 YEARS, IN ANOTHER CAPACITY FOR 13 YEARS. I AM QUITE 26 FAMILIAR WITH CITY GOVERNMENT AND THE PROCESSES. I 24 COURT REPORTERS OF PALM SPRINGS ML'��,�I'ES ADJOURNED PALM DESERT CITY COUNCIL MEETING DECEMBER 17, 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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AM VERY MUCH IN FAVOR OF LIVING UNDER CITY GOVERNMENT. I WANT THE PROTECTION OF THE CITY. TflE FACT OF THE MATTER IS, MY WIFE AND I FELT SO STRONGLY ABOUT THIS PROJECT THAT WE VOLUNTEERED TO COLLECT CANS AND BOTTLES IN ORDER TO RAISE FUNDS FOR OUR COMMITTEE. TO THIS DATE WE HAVE RAISED OVBR FIVE, $600 IN CANS AND BOTTLBS TO BE RECYCZED. THEY COME TO US, WE TA1CB THEiK AND -- TO BE PROCESSBD AND WE BAVE THEM RECYCLBD. THAT IS JUST AN EXAMPLB OF OUR CONCERNS. I WOULD APPRBCIATE YOUR THOROUGH CONSIDERATION OF TSIS PROJECT AND RECOIrlMEND THAT WE GO AHEAD. THANIC YOU . MAYOR BENSON: TSANK YOU. ANYONB ELSE? PLEASE STEP FORWARD. MS . SlCLAR s I�IY NAIrlE I S MADELYNE SRLAR . IN NO. 91. I LZVE MY INTBRBST IS BEING PART OF THE CITY, ZN ORDER TO GO TO CITY ISSUES THAT CAN AFFECT US, I HAVE TO GO TO RIVBRSIDE TO GO TO A COUNTY MEETING. I WANT TO BE PART OP THE CITY WHERE I CAN COME TO CITY HALL, WHERE I CAN COME TO CITY COUNCIL MEETINGS, PLANNING MEETINGS, AND HAVE A VOICE AND HAVE A VOTE. AND TflAT IS MY INTEREST IN BEING PART OF THE CITY OF 25 �--- -� � RT REPORTERS OF PALM SPR �S 0 MIN Li TES ADJOURNED PALM DE'RT CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT"A" 1 PALM DESERT, AND I THINK THERE ARE PROBABLY OTHER 2 PEOPLE WHO ARE INTERESTED IN THE CIVIC MATTER. 3 THANK YOU. 4 MAYOR BENSON: THANK YOU. 5 MS. SIVLEY: HONORABLE MAYOR, CITY COUNCIL 6 MEMBERS, I WAS NOT PREPARED TO SPEAK TONIGHT, BUT 7 BECAUSE -- 8 MAYOR BENSON: WOULD YOU GIVE YOUR NAME? 9 MS. SIVLEY: I'M SORRY. MY NAME IS JOYCE SIVLEY 10 AND MY SPACE NO. IS 184. 11 I DO NOT LIVE AT SUNCREST ANYMORE. I 12 MOVED THREE AND A HALF YEARS AGO FOR TAX AND 13 INDIVIDUAL PURPOSES TO THE CITY OF LA QUINTA. I HAVE 14 BEEN TRYING TO SELL MY HOME FOR THREE AND A HALF 15 YEARS. AND I UNDERSTAND GERHARD'S POSITION AND HIS 16 LOSS OF INCOME WHEN 75 PERCENT, ACCORDING TO 100 17 PERCENT, OF REVENUE FOR THE HUNDREDS OF PROPERTIES HE 18 OWNS WOULD BE A GREAT BIG DIFFERENCE IN HIS INCOME, 19 AND IT IS A DIFFERENCE IN HIS CASH VALUE. 20 BUT I PERSONALLY, AS AN INDIVIDUAL, DO 21 FEEL THE DIFFERENCE TOO, BECAUSE IF THE TAX -- THE 22 RAISE IN THE RENT CONTROL, WHEN I AM TRYING TO SELL 23 MY PROPERTY, THEN THE NEW OWNER HAS TO PAY A 24 DIFFERENT PRICE FOR WHAT I AM PAYING. AND THE FIRST 25 PERSON THAT LOOKED AT MY PROPERTY, THREE AND A HALF 26 YEARS AGO, TALKED TO MR. FENSKE, THE LEASING MANAGER, 2 6 COURT REPORTERS OF PALM SPRINGS MINUTES ADJOURNED PALM DFSERT CITY COUNCII. MEETING DECEMBER 17, 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* EXHIBIT "A" � 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FOR 45 MINUTES. THEY WERE VERY INTERESTED ZN BUYING. WHEN THEY HEARD T$AT THE PROPERTY RENT WAS GOING TO GO UP SO MUCH MORE, EVERY CASE HAS BEEN THE SAME. AND, OF COURSE, I HAVE PERSONAL AND SELFISH REASONS, BUT I AM NOT THE ONLY ONE. THERE ARE A LOT OF PEOPLE ON FIXED INCOMES AND THEY CANNOT AFFORD IT. SO MANY PBOPLE HAVE LOST SO MUCH OF THEIR INCOME AND T$EIR SAVINGS BY LEAVING BECAUSE THBY COULD NOT SELL T$EIR PROPERTIES, BECAUSE OF THE SPACB INCREASE. AND WE HAVE PRIME PROPERTY, YES, BUT THEY HAD TO GIVE THEIR PROPERTIES AWAY, AND IT IS REALLY SAD. SO MANY PEOPLE HAVE B$EN UNDER STRESS. AND BVEN !�!Y DEAREST FRIEND DIED ON THB DAY AFTER THANICSGIVING AFTER TRYING TO SELL HER PROPERTY. SHB BVEN HAD A BUYER IN THB OFFICE THERE. SO I Alr! SPBAICING PERSONALLY FOR INDIVIDUAL REASONS. BUT FOR OTHER REASONS BESIDES, S AM FOR ANNEXATION FOR BEING PART OF PALM DBSERT. I AM GIVING MONBY AiiAY EVERY MONTH BECAUSE I DON'T LIVE THBRB. WB CAN'T AFFORD IT. AND WE'RE AFRAID, AND SO MANY PBOPLE ARE AFRAZD TOO, BECAUSB THBY'RE NOT IN GOOD HBALTH. THEIR HEIRS CANNOT SELL IT EITHER BECAUSE OF THE SPACE INCREASES. AND THAT IS THE PRIMARY REASON THAT I AM AGAINST IT. THANR YOU VERY MUCH. MAYOR HENSON: ANYONE ELSE? LAST CALL FOR OR 27 � � JRT REPORTERS OF PALM SP. GS 0 uThs ADJOURNED PALM DE "T CITY COUNCIL MEET1NG DECEMBER 17, 1992 * * * * * * * * * * '-' $ * * * * * * * * * * * *- * * * * * * * * * * * * tAl-ILbil 1'A" 1 AGAINST. 2 REEUTTAL. 3 MR. BEFLD: NO, MA'AM. 1 WOULD JUST LIKE TO 4 REITERATE. WE ARE NOT TOTALLY AGAINST ANNEXATION -- 5 1 AM NOT TOTALLY. 1 JUST BELIEVE TEERE ARE SOME 6 ISSUES THAT NEED TO BE WORKED OUT SO TEAT EVERYONE 7 COMES OUT HAPPY, SO TEAT NO ONE FEBLS LIKE TBEY GOT 8 THE SHORT END 0? THE DEAL. 9 THANK YOU. 10 MAYOR BENSON: THANX YOU. 11 ALL RIGBT, 1 WILL CLOSE THE PUBLIC 12 BEARING. 13 COMMENTS? 14 COUNCILMAN WILSON: MADAN MATOR, FIRST 0? ALL, 15 QUESTION TO MR. DIAZ. 16 WEAT DOES TEB COUNTY'S W-2 ZONE ALLOW? 17 MR. DIAZ: THE COUNTY'S W-2 ZONE DOES NOT HAVE 18 ANY SPECI?IC LAND USES WITHIN IT. 11 ALLOWS 19 VIRTUALLY ANYTHING, DEPENDING ON WHAT IS IN THE 20 SURROUWDING AREAS. SO IT IS NOT REALLY CLEAR. 21 ANYTHING FROM FARMING TO SINGLE-FAMILY RESIDENTIAL. 22 COUNCILMAN WILSON: SECOND QUESTION. 23 THERE HAS BEEN SOME CONCERN EXPRESSED BY 24 THE OPPONENTS THAT TBIS IS BEING RUSHED THROUGH. 25 WHEN WAS TBIS HEARD BY THE PLANNING COMMISSION? 26 I4R. DIAZ: MY RECOLLECTION -- I'LL BAVE TO CHECK 28 COURT REPORTERS 0? PALM SPRINGS 1�'lu\ l,? 1 r-' ADJOURNED PALM DFSERT CITY COUNCII. MEETING DECEMBER 17, 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT "A" THE STAFF REPORT -- Z BELZEVE IT WAS HEARD AS EARLY AS JUNE. THZS WAS NOT RUS$ED THROUGH. COUNCILIdAN WILSON: WHEN DID THIS PROCESS BEGIN? WHEN DZD THE STAFF FIRST GET INVOLVED, APPROXIMATELY7 MR. DIAZ: WB HELD THE HEARINGS ON JULY THE 21ST AND AUGUST 18TH BEFORE THE PLANNING COMMISSION, AND OCTOBER 20TH. SO WE'VE HAD THREE HEARINGS BEFORE THE COMMISSION THAT WERE DELAYED. AND THE APPLICATIONS WERE PILED PROBABLY 30 TO 60 DAYS IN FRONT OF THAT. SO FIE WOULD BE TALRING JUNE OR MAY OF THIS YEAR. WE'VB HAD NUMBROUS CONVERSATIONS WITH THE PROPERTY OWNER AND INDIVIDUALS THERE AND EXPLAINED THE ZONING AND ALL OF T8B ISSUES. SO IT'S BEEN A LONG TIME. COUNCZLMAN WILSON: A COUPLE OF COMMENTS. I THINIC -- FIRST OF ALL, I THINR WE NEED TO PUT WHAT WS'R$ DOING HERE TONIGHT INTO PERSPECTIVB. WE ARE NOT HERE APPROVING ANNEXATION OR DISAPPROVING AI�INEXATION OF THE SUNCREST PROPERTY. WE ARB MBRELY, IF WE MOVE FORWARD, ESTABLISHZNG WHAT WE FEEL IS THB PRBANNEXATION ZONING THAT S$OULD BE ON THE PROPERTY. IT THEN GOES TO L.A.F.C.O. THEY WILL THEN HAVE HEARINGS. IF TBEY APPROVE IT, MOST LIRELY IT WILL COIrlS BACK HERE AND WE WILL HAVE A PROTEST HEARING. AND IF, INDEED, THE OPPONENTS HAVE 43 PBRCENT OF THB PROPERTY OWNERS IN OPPOSITION -- ASR 29 .�-� ,� JRT REPORTERS OF PALM SP� .GS � UNUTFS ADJOUR?4ED PALM DEf T CLTY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * __* * $ * * * * * * * * * * s-- * * * * * * * * * * * * LALILbIL NAN 1 TEE CITY ATTORNBY TO CORRECT MB IF 1 AM WRONG -- BUT 2 1, FOR ONE, WOULD CERTAINLY BE IN FAVOR OF AN 3 ELECTION 0? TEE PEOPLE TEAT LIVE THERE 1? INDEED 4 TEERE IS A SIZABLE PROTEST. 5 SO TE! DECISION SHOULD ULTIMATELY BE THE 6 PEOPLB'S. AND 1? INDEED TEE OPPONENTS DO NOT WANT TO 7 COMB IN, TEEY, IN TRE DEMOCRATIC PROCESS, WILL BAVE 8 TEB RIGRT TO SO VOTE. BUT IF TBB MAJORIT! DO WANT TO 9 COME EN, TREN THIS COUNTRY IS OPERATED ON )4AJORITY 10 RULE. 11 SO 1 TBINK, FIRST 0? ALL, WE SBOULD MOVE 12 FORWARD WITH THE PROCESS 0? PREZONING. 1 GUESS TBE 13 QUBSTION THE PROPERTY OWNER REASONABLY RAISES, IS 14 THAT PAIR? TEB UNDEVELOPED PARCEL, RE TRINKS, 15 SHOULDN'T BE DEVELOPED RESIDENTIAL, BECAUSE EB SEARS 16 RUMORS TEAT WAL-KART WOULD LIE TO COPIE IN. 1? 17 WAL-MART WERE TO CONE IN, IT WOULD REQUIRE A CHANGE 18 0? ZONING. AND 1? THAT CBANGE 0? ZONING DID OCCUR -- 19 AND TBERE'S NO ASSURANCE IT WILL OCCUR -- THEN, 0? 20 COURSE, TE! R!ASONABLE THING TO DO WOULD BE TO LOOK 21 AT TEN ADJACENT UNDEVELOPED LAND, BECAUSE THE LAND 22 USBS IN THAT AREA BAVE CHANGED. 23 BUT RIGHT NOW, THE BEST JUDGMENT WE HAVE 24 TO GO ON 18, WBAT 18 TBE ZONING IN TEAT AREA NOW? 25 TEB ZONING IN TEAT ENTIRE AREA, ENTIRE CORNER, IS 26 RESIDENTIAL. AND SO TO DO ANYTHING DIF?ERENT WOULD 30 COTJRT REPORTERS 0? PALJ4 SPRINGS ML'�1UTES ADJOURNED PALM DFSERT CITY COUNCIL MEETIlVG DECEMBER 17, 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 EXHIBIT "A" i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BE -- WOULDN'T BE A RESPONSIBLE ACT. SO I TBINR WITH THE ASSURANCE THAT IF ZNDEED THE PEOPLS OR THE tdAJORITY OPPOSE IT, I'M SURE AN ELECTION WILL BE HELD AND THAT DETERMINATION WILL BE MADE. IS THB ZONING THAT WE'RE BBING ASRED TO PROVE HERE TONIGHT CONSISTENT WITH THE SURROUNDING PROPERTY7 TSB ANSidER, IN MY MIND, IS YES. SO I WOULD BE IN FAVOR OF ADOPTING RESOLUTION NO. 700. COUNCILMAN SNYDBR: I BELIEVE THAT I CONCUR WITH COUNCILMAN WILSON. I THINIC THIS MATTER NEEDS TO BE SOLVED, AND VBRY OBVIOUSLY IT NEEDS TO PROBABLY COME TO A VOTB. TH8 ii1AY WB CAN ACCOMPLISH THAT IS TO CONTINUB THE MATTER, LET IT GO AHEAD, LET ZT GO TO L.A.F.C.O., AND LBT L.A.F.C.O. MAlCE TH8 bETERMINATIOH. THEN THERE WILL BE THE OPPORTUNITY TO HOLD THE HEARIHGS THAT WIiL BE REQUIRED TO BRING TflIS MATTER TO A FINAL CONCLUSION. SO I NOULD CONCUR WITH MR. WILSON'S SUGGESTION. MAYOR BENSON: MR. RELLY. COUNCILMl1N 10ELLY: WELL, OBVIOUSLY WE HAVE A LOT MORE TO DO AND IT WILL TARE A LOT MORE TIME, AND OUR EFFORT WILL BB TO REEP THE ZONING CONSISTENT. AND I GUESS THB MOST IMPORTANT THING TO ME OF ALL IS, WE DON'T ACTIVSLY SOLICIT ANNEXATION, BUT WE DO LIRE TO 31 %RT REPORTERS OF PALM SPF `3S � IINTES ADJOURNED PALM DE' T CITY COUNCIL MEETING DECEMBER 17, 1992 * * * * * * * * * * .a * * * * * * * * * * * * * . * * * * s * • * * * * * EXHIBIT "A" 1. RESPOND TO TBE PEOPLE. WE HAVE NO INTENTION 0? 2 ANNEXING ANYTRING THAT TEE PEOPLE D0NT WANT TO BE 3 ANNEXED. BUT ON THE OTHER BAND, IF T�E PEOPLE ARE IN 4 OUR SPEERE 0? INFLUENCE AND RAVE OUR ADDRESS AND THEY 5 WANT TO BE 114 THE CITY, THEN 1 T�INK TEAT THEY SBOULD 6 HAVE TEAT OPPORTUNITY. 7 1 AGREE 100 PERCENT WITE WEAT COUNCILMAN 8 WILSON BAS EXPRESSED. 9 MATOR BENSON: 1 WOULD AGREE WITB ALL 0? YOU ON 10 TEAT. 11 AND JtJST TO ANSWER THE GENTLEMAN AS TO WHY 12 DON'T WE TAXE 114 PALM DESERT GREENS AT TE! SAME 13 TIME? TEEY BAVE NOT PETITIONED. THEY HAVE L0O1ED AT 14 IT SEVERAL TIMES BUT HAVE NEVER GOTTEN BNOUGH TO ASK 15 FOR IT 114 TENIR OWN PARK. SO AS MR. KELLY SAID, WE 16 DON'T GO OUT AND SOLICIT TBESE TBINGS, TBEY COMB TO 17 US. 18 SO DO WE HAVE A -- 19 COUNCILXAN WILSON: 1 MOVE WE WAIVE FURTEER 20 READING AND PASS ORDINANCE 140. 700 TO A SECOND 21 READING. 22 COUBCILMAN SNYDER: 1 SECOND TEAT MOTION. 23 MAYOR BENSON: ALL 114 FAVOR? 24 145. GILLIGAN: MOTION CARRIES BY UNANIMOUS 25 VOTE. 26 COUNCILMAN WILSON: WAIVE FURTHER READING AND 32 COURT REPORTERS OP PALM SPRINGS ML'�'TES ADJOURNED PALM DESERT CITY COUNCIL MEETIl�IG DECEMBER 17, 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 EXHIBIT "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ADOPT RESOLUTZON NO. 92-119, REQUESTING L.A.F.C.O. TO TAKE PROCEEDINGS IN THE IdATTER OF ANNEXATZON NO. 31, SUNCREST COUNTRY CLUB. COUNCILMAN SNYDER: SECOND THAT MOTION. I�lAYOR BENSON: ALL IN FAVOR? MS. GILLIGAN: MOTION CARRIES BY UNANIMOUS VOTE. (WHEREUPON, THE ABOVE PROCEEDINGS CONCLUDED AT 8:58 P.M.) � 33 ,...-,. ... JRT REPORTERS OF PALM SP: GS MJN UTES tDjoURNED. E. CITY COUNCIL MEETING DECEMBER 17, 1992 *a***** ** - ************* ************ 1 2 3 STATE OF CALIFORNIA 4 COUNTY OF RIVERSIDE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHLBIT "A" CRTFICATE ss. 1, TAMARA A. MIRZA, C.S.R. NO. 6874, A CERTIFIED SHORTHAND REPORTER IN AND FOR TSE STATE 0? CALIFORNIA, DO REREBY CERTIYY: TEAT TSR SAID BEARING WAS TAKEN BEPORE ME AT TBE TIME AND PLACE THEREIN STATED, AND WAS TREREAPTER TRANSCRIBED INTO TYPEWRITING UNDER MY DIRECTION AND STJPERVISION, AND 1 BEREBY CERTI?Y TSR FOREGOING SEARING IS A FULL, TRUE AND CORRECT TRANSCRIPT 0? MY SHORTEAND NOTES SO TAKEN. 1 PURTHER CRRTIPY TEAT 1 AM NOT 0? COUNSEL OR ATTORNEY FOR EITRBR 0? TSR PARTIES HERETO OR IN ANY WAY INTERESTED IN TSR EVENT 0? TSIS M.ATTER AND TEAT 1 AM NOT RELATED TO EITBER 0? TSR PARTIES TSERETO. WITNESS NY BAND THIS 6T5 DAY 0? JANUARY, 1993. A A. MIRZA NO. 6874 COURT REPORTERS 0? PALM SPRINGS 34