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HomeMy WebLinkAbout1992-10-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:15 p. m. II. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly LH. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Press Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, ACM/Director of Community Development Richard Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Economic Development Director Agnes Flor, Accounting Manager Pat Conlon, Building Director Frank Allen, Director of Code Compliance Dave Millheim, Human Resources Director \IINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SPECIAL PRESENTATIONS On behalf of the entire City Council and City Staff, Mayor Kelly presented the following awards: A. PRESENTATION OF PLAOUE OF APPRECIATION TO MR. JIM RICHARDS FOR HIS SERVICE ON THE CITY'S PLANNING COMMISSION. Mr. Richards was unable to attend this meeting. B. PRESENTATION OF PLAOUE OF 8PPRECIATION TO MS. DIANA BROWN FOR HER SERVICE ON THE CITY'S PROMOTION COMMii it.t. Mrs. Gilligan noted that Ms. Brown could not attend this meeting and that this should be continued to the City Council meeting of November 12, 1992. Council concurred. C. PRESENTATION OF PLAQUES OF APPRECIATION TO MS. JULIE BORNSTEIN, MS. JANET ABRAMS, MS. GAYLE THOMAS AND PROFESSOR FREDERICK THON FOR THEIR SERVICE ON THE CITY'S CIVIC ARTS COMM' i i EE. D. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. JOHN MARZICOLA FOR HIS SERVICE ON THE CITY'S BUILDING BOARD OF APPEALS & CONDEMNATION. E. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. RANDALL WHITE FOR HIS SERVICE ON THE CITY'S PARK & RECREATION COMMISSION. F. PROCLAMATION DECLARING OCTOBER 8, 1992, AS "JOSE PEREZ DAY" IN THE CITY OF PALM DESERT. MS. DONNA GOMEZ, Economic Development Department, presented to the Mayor and City Council a Healthy Cities Project award and noted the City was one of the Charter Cities of this project. She added that the award was presented to the City at the recent League of California Cities conference in Los Angeles. V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 8, 1992. Rec: Approve as presented. 2 REGULAR PALM DESERT CITY COUNCIL '4EETENG OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * $ * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 17, 17A, 18, and 19. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Joan Cathy Bender, Neil Klemow, and Michael L. Wainwright for Rockway Beach Cafe, 73-890 El Paseo, #R-9, Palm Desert, California 92260. Rec: Receive and file. D. RESOLUTION NO. 92-100 - A Resolution of the City Council for 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 (September 1992). Rec: Waive further reading and adopt. E. MINUTES of the Building Board of Appeals and Condemnation Meeting of March 18, 1992. Rec: Receive and file. F. L EITER OF RESIGNATION from Jacques Sellam from the El Paseo Business Improvement Area Board. Rec: Accept the resignation with regret. G. CONSIDERATION OF APPOINTMENT to the El Paseo Business Improvement Area board to Fill an Existing Vacancy. Rec: By Minute Motion, appoint Tracie Philo to fill the vacancy created by the resignation of Jacques Sellam. H. REQUEST FOR AWARD OF BID for Purchase of 3-Gang Reel Turf Mower. Rec: By Minute Motion, award the bid for the purchase of a 3-gang reel turf mower to Pacific Equipment and Irrigation Inc. in the amount of $15,047.29. I. REQUEST FOR AWARD OF BID for Purchase of Replacement Vehicles for Public `Forks Maintenance Division. Rec: By Minute Motion, award the purchase of a 3/4 ton pickup truck, 1-ton flatbed truck and 1-ton 2-yard dump truck to Drew Ford in the amount of $53,662.23. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REOUEST FOR AWARD OF BID for Purchase of 4-Wheel Electric Utility Cart. Rec: By Minute Motion: 1) Reject the low bid for the subject purchase, 2) award the bid for the subject purchase to Electric Car Distributors, Inc. in the amount of $6,201.01. K. REOSJEST FOR AWARD OF CONTRACT for Design, Modification to Allow, and the Field Installation of Opticom Traffic Signal Pre-emption Equipment at Twenty -One (21) City Intersections, Project No. 558-92 (Contract No. C06650). Rec: By Minute Motion, award the subject contract to Paul Gardner Corporation for the design, modification to allow, and the field installation of opticom traffic signal pre- emption equipment at twenty-one (21) City intersections, in the amount of $211,395.00, plus a contingency of $19,900.00, and authorize the Mayor to execute same. L. REOUEST FOR AWARD_QF CONTRACT for Landscape Maintenance for Waring Court, Assessment District No. 7 (Contract No. C06780). Rec: By Minute Motion, award the maintenance contract for the subject project to Cacho Landscape in the amount of $2,880.00. M. REQUEST FOR AWARD QF CONTRACT for Highway 111 Median Landscape Maintenance (Contract No. C06790). Rec: By Minute Motion, award the contract for the subject project to Cacho Landscape in the amount of $46,800.00 ($3,900.00 per month). N. REOUEST FOR APPROVAL of the Disposal of 1987 Elgin Crosswind Sweeper. Rec: By Minute Motion, authorize Public Works staff to negotiate the sale of the surplus sweeper for a price not less than $12,000.00. O. REOUEST FOR APPROVAL OF FINAL MAP FOR TRACT 27561 (JASCORP, Applicant). Rec: Waive further reading and adopt Resolution No. 92-101 approving Tract No. 27561 and the bonds and agreements relating thereto. P. REOUEST FOR APPROVAL for Ratification of Purchase of Sister City Art Exchange. Rec: By Minute Motion, ratify the purchase of artwork for the Palm Desert Sister Cities Display Case in the amount not to exceed $1, 200.00. 4 ALL\L LL.S REGULAR PALM DESER"' CITY COUNCIL MEETING * * * * * * * * * * . * * * * * * * * * * * * OCTOBER 22, 1992 * * * * * * * * * * * * Q. CONSIDERATION OF REOUEST from Desert Communities Employee Advisory Council for Use of Civic Center Facilities for Monthly Meetings. Rec: By Minute Motion, authorize the Desert Communities Employee Advisory Council to hold their monthly meetings in the Palm Desert Civic Center as scheduled by staff. R. CONSIDERATION OF REOUEST from the Palm Desert Gallery Association for the Use of Klieg Lights for Art Walks During the Months of November, 1992, Through April, 1993. Rec: By Minute Motion, approve the request. Upon motion by Snyder, second by Crites, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None V III. ORDINANCES For Introductions None For Adoption: A. ORDINANCE NO. 68$ - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING TITLE 24, ENVIRONMENT AND CONSERVATION, AND ADDING CHAPTER 24.04, WATER EFFICIENT LANDSCAPE ORDINANCE, TO PALM DESERT MUNICIPAL CODE. Mr. Altman noted that this was introduced previously and that no changes had been made. He recommended adoption of the ordinance. Councilman Crites moved to waive further reading and adopt Ordinance No. fz$$. Motion was seconded by Benson and carried by unanimous vote of the Council. 5 %1I\t TES REGt LAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 621- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.24 OF THE MUNICIPAL CODE PERTAINING TO NOISE CONTROL (Continued from the Meeting of September 24, 1992). Mr. Allen reviewed the staff report, noting that at second reading of the Ordinance on September 24, 1992, a letter was submitted by representatives of Shadow Mountain Golf Club requesting that golf course maintenance be allowed to start earlier than other activities regulated by the Municipal Code. Council continued the item to the meeting of October 22, 1992, and directed staff to review the letter submitted and report back at that meeting. Mayor Kelly asked whether the ordinance had been changed, and Mr. Allen responded that Section 9.24.060(K) would be added allowing golf course ground maintenance hours to be from 5:30 a.m. to 7:00 p.m., seven days a week, including government holidays. Councilman Wilson moved to waive further reading and pass Ordinance No. 691 to second reading as amended. Mr. Altman stated that the City Attorney had advised that this would be considered a minor change to the ordinance rather than a substantive one. Councilman Wilson's motion died for lack of a second. Councilman Snyder moved to waive further reading and adopt Ordinance No. 691. Motion was seconded by Wilson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION REQUESTING A WAIVER OF SECTION 25.68.090 (I) WHICH LIMITS THE NUMBER OF MENU ITEMS ON AN AWNING TO TWO (2), Case No. 4019 SA (Leeds & Sons Jewelers, Applicant). Mr. Diaz reviewed the staff report, noting that the applicant was requesting approval to have more than the allowed number of menu items on its awning. He said staff recommended that Council deny the appeal and uphold the decision of the Architectural Review Commission. Councilmember Benson moved to, by Minute Motion, deny the appeal and uphold the decision of the Architectural Review Commission limiting the number of menu items on the awning to two (2) per section 25.68.090. Motion was seconded by Crites and carried by unanimous vote of the Council. 6 LLN LA) REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * * * * ;_ * * * * * * * * * * * * B. INFORMATIONAL, ITEMS: 1. Palmer CableVision Update. Mr. Altman noted the memo in the packets from Mr. Ortega indicating that only three complaints had been received from October 1st through October 13th. 2. Status of Multi -Agency Library. Mr. Diaz reported that the Library Committee had met the previous day. He noted that the architect was present to explain the different alternatives to the site selection which were evaluated at the direction of Council several meetings ago. Mr. Paul Zajfen, IBI Group, Architect, distributed information to the City Council (on file and of record in the City Clerk's Office) and reviewed different options for location of the library building. Mr. Diaz stated that staff recommended option #1. He added that, if the location was acceptable to the Council and staff is able to work out several details with the College, staff would recommend authorization to proceed with preliminary designs for option #1, including soils tests. MS. JUDITH AUTH, County Library Director, addressed Council and said she had previously expressed the following concerns: 1) Parking - wanted to make sure it is adequate and accessible to the citizens, 2) that access from the public thoroughfare be available for people using public transportation as well as pedestrians and those on bicycles, 3) that the library be visible from the public thoroughfare and inviting to the public as an institution that belongs to them. She said all of the diagrams were acceptable to her in terms of the parking. While some options were better than others, she said she felt option #1 was the best in terms of access. She said visibility was addressed differently in all of the options; however, she felt it was important to protect the visibility by ensuring that buildings not be permitted between the library and San Pablo Avenue. She also expressed concern with parking be allowed on San Pablo Avenue and felt this would make it difficult for people turning into and out of the parking lot. She concluded her remarks and said she would endorse option #1 if there were pedestrian access, no street parking allowed, and protected visibility from San Pablo. Councilman Wilson said the visibility issue seemed to be addressed better in options #2 and #3 as far as making a statement of a library as you drive into it. He asked whether this was discussed in Ms. Auth's meeting and what were the arguments for and against. Ms. Auth responded that one of the arguments was presented by the architect that these were just layouts and were not necessarily the exact way in which the building 7 MINUTES 1 ES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * will be positioned on the site. She added that the drawback of options #2 and #3 was using the entryway as the access for the ring road because it would be a source of congestion to have College traffic coming in and both turning into the public library parking lot and also using that same road and that same intersection to access the ring road for the College. DR. DAVID GEORGE, College of the Desert, stated that staff had reviewed the designs and would be meeting with the Board tomorrow to go over the designs. He said he felt each one had pros and cons but that they were more enamored in terms of the visibleness and protection of the quad feature of the College campus with options #2, #3 and #5; however, staff had pointed out that there were expenses and other issues of concern with each one of those. He said the recommendation to their Board would be that staff work with the Palm Desert staff to review in more detail each of the sites, especially in terms of the kinds of long-range planning for the College and the expense for each of those sites. He said they would probably not come back with a specific site recommendation until all of those issues can be looked at more closely. He added that the only site they would not support was option #4. He said option #1 had some problems in terms of the College's established long-range plan, and in terms of visibility, he agreed with Wilson that option #1 was not a particularly appealing site, even though it might be the most cost effective. Councilman Crites asked whether on option #1 we could propose other kinds of cuts for parking entrances, etc., and that what was shown to the Council was just a schematic. Mr. Diaz concurred. Councilman Crites stated he felt the comments by the County Librarian relative to options #2 and #3 were very important in that while they may look better, there would be a problem with traffic congestion especially just before and just after classes each day. He said he did not think anything should be done that would cause more problems with the traffic patterns in this area and that he felt options #2 and #3 were classic examples of poor traffic planning. Councilman Wilson asked if there might be another option that would retain the visibility of options #2 and #3 but correct the traffic problem. Mr. Zajfen responded that what they had tried to do with the diagrams was to show generically as much as possible the big differences in the various options. He said the schematic designs would be done during the next phases. He said during those next phases they would also get a topo done and surveys so they would know exactly where the running track, the road, the tennis courts, etc. were located. He added that as this is being developed, we will get the important points of a lot of the options and try to blend it into one design that addresses all of the issues. Councilman Wilson said he would like to be certain that this library make an important statement from San Pablo that this is a public library that is very inviting. 8 REGULAR PALM DESER'" ':ITY COUNCIL MEETING OCTOBER 22, 1992 * * * * * * * * * * i! * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly stated he did not see that as a problem. He said his biggest concern was that there should be a street that goes down the middle of the campus that buses could travel down and let students off to go to the College. He said the current bus stops were at Monterey and Fred Waring, and students go right across the street without even going down the traffic signal. He added that he felt it would not be easy for people using public transit to access the new library. Mr. Diaz responded that staff would look into this situation and also discuss it with representatives from SunLine. Councilman Snyder stated that although he liked option #1, he preferred #2 and #3. Upon question by Mayor Kelly, Mr. Crites responded that he felt option #3 was not a good one in terms of the building; that would leave options #1 and #2 for consideration. Councilman Wilson said he would like to see the Council endorse options #1 and #2 and ask the architect to go back and see if he can develop an option #2 that has the traffic and parking advantages of option #1 and to come up with something that meets all of our desires. Councilman Wilson moved to, by Minute Motion, direct staff to further explore options #1 and #2 as potential locations. Councilman Crites asked if that would include as a primary issue the consideration of Mayor Kelly's comments about the importance of keeping free flowing traffic in and out of the campus. Wilson agreed that that was a key issue to be addressed as well as access to the parking lot. Motion was seconded by Crites and carried by unanimous vote. Mr. Diaz asked whether the motion also included authorization to proceed with the soils testing, and Council concurred that it did. 3. Lighting Mitigation. Mr. Diaz introduced Mr. Joe Nolan of Dream Engineering, the lighting consultant who completed the lighting study for the Civic Center Park. Mr. Nolan distributed copies of the completed study to the City Council (on file in the City Clerk's Office). He also reviewed the cost of recommended corrective action on the lights as follows: 1) Baseball field - reaim lights and louvres - $20,550, 2) Golf Driving Range - Reaim lights and additional poles - $18,450, 3) Football field - new lights and louvres, 4) Tennis courts - install eye lids - $314, 5) Volleyball courts - reaim lights - $65. He said the total cost would be $52,506. He noted the tamarisk 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * trees and proposed buildings on the Civic Center site would also help to block some of the light from residents in the adjacent homes and mobile home park. Councilman Wilson stated that if we are going to proceed, we should proceed doing the golf lights correctly rather than trying to hide them with buildings or trees. Mr. Diaz stated that the condition of approval was that if the baseball lights went in, the ambient light level would have to be lower. He said the purpose of the study was to determine that it can be accomplished and to determine what the problem actually was. He showed the revision to the plan which he said would result in less lights being installed and saving up to $100,000. He said the Parks and Recreation Commission had seen the plan and liked it as well as the soccer youth groups. Mr. Diaz said staffs recommendation to Council was that we proceed with the lighting and authorization for the $52,506 plus 5 % contingency for corrections to the lighting. In addition, as a show of good faith, staff recommended proceeding with the modifications to solve the lighting problems as they currently exist and then move on. MR. WAYNE GURALNICK stated that they did not know this item was on the Agenda and had just happened to find out about it. He said this was the first time they had seen the information submitted to Council. He expressed concern with the methodology in determining the corrective measures and whether what the Council was proposing to spend money for would accomplish the condition of approval. Mr. Diaz responded that with regard to methodology, what had been discussed from the beginning was putting shields on the lights, reaiming the bulbs, and taking whatever steps were necessary to reduce the ambient lighting. With regard to inviting them to this meeting, he said the City Clerk had called Mr. Brumner this week; he added that he had not had a chance to contact the Vineyards people until just that day, and he apologized. He said Council could continue the matter if it wished to do so but that his recommendation was to proceed at this time. He said the lighting expert had indicated that a lower ambient lighting level could be achieved to cut down glare. Mayor Kelly referenced the "Ranking of Lighting System Contribution" in the study and asked the consultant whether each of the items on the bar graph would be a lot less after all of the adjustments are made. In addition, he asked whether we could then determine once the ballfield lights are put in how much light it would take and if it would fit within the totals on the bar graph. Mr. Nolan responded that as far as the new lights for the ballfields, we have a guarantee from the lighting manufacturers that they will contribute no outside or spill light; in looking at the bar graph the way it is now, there would be no change with the new ballfield lights. He added that further guarantees from the two existing sports lighting manufacturers, Hubble Lighting for the football field and Northstar Lighting for the basball fields, were that spill lighting an &glare could be cut appreciably. 10 • .a_.,.. •._A.J REGULAR PALM DESER— CITY COUNCIL MEETING OCTOBER 22, 1992 * * * * * * * * * * . * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson asked whether this would have to go out to bid for the corrective lighting, and Mr. Diaz responded that it would have to go through the bid process but that staff would work with the City Attorney to see if it could be considered a sole source item, particularly with the football lighting. Councilman Wilson moved to, by Minute Motion: 1) Direct staff to prepare the necessary bidding paperwork to move forward, 2) withhold final approval at this time and direct staff to hold meetings with Monterey Country Club and neighbors across the San Pascual Channel in the next two weeks and have the electrical engineer make this presentation to all those in attendance so this information can be disseminated a little more before Council makes a final decision. Councilman Crites said he felt the final concern for Mr. Guralnick and his clients was not glare, which is easy to get rid of, but that the ambient level of light in someone's back yard or bedroom is lower when this is done. He said what Council needed was the consultant's professional guarantee that that is what we will have happen in this case. Mr. Nolan said that was correct and that what Crites was referring to was called "spill light", which are the shadows on the walls in the bedrooms. He said he was sure when this was done that there would be no shadows on the walls. Councilmember Benson expressed concern with the corrective action for the golf driving range and asked what the alternative would be. Mr. Nolan responded that the alternative as recommended by the lighting manufacturers was to go in with new, higher (60 foot) poles. He said they would hit the same spot but would tilted down. Mr. Folkers noted that Council had appropriated the amount of $50,000, part ($30,000) to be used for screening along the College so some day when the tamarisk trees are gone there would be adequate screening. He said the other $20,000 was being used to provide screening along the north side of Magnesia Falls Drive as protection for the south side of the wall of Monterey Country Club so that both sound and light would be further mitigated. Councilman Crites seconded the motion by Councilman Wilson. Motion carried by unanimous vote of the Council. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REOUEST FOR CONSIDERATION of BLM Santa Rosa Mountains Visitors Center. Mr. Phillips reviewed the staff report, noting that the conveyance agreement would provide that Westinghouse convey the parcel of land to the City now. He offered to answer any questions. Councilman Snyder moved to, by Minute Motion: 1) Authorize the Mayor to enter into a conveyance agreement with Westinghouse Desert Communities (Contract No. C06940) for the 6.8 acre parcel west of Highway 74 at the southerly City limits, 2) accept the property deed for the 6.8 acre parcel from Westinghouse, 3) authorize BLM to proceed with the construction of the Santa Rosa Mountains Scenic Area Visitor's Center, 4) authorize staff to develop a conveyance agreement between the City of Palm Desert and BLM for the 6.8 acre parcel. Motion was seconded by Crites and carried by unanimous vote of the Council. Councilman Crites commended the City Attorney for all of his work in this matter and Westinghouse for its cooperation. XI. CONTINUED BUSINESS A. REOUEST FOR CONSIDERATION OF AGREEMENT (NO. C06590) FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE (11/01/92 - 10/20/97). (Continued from the meetings of September 24 and October 8, 1992.) Mr. Altman recommended that this item be continued to the meeting of November 12, 1992. Councilman Crites moved to continue this matter to the meeting of November 12, 1992. Motion was seconded by Snyder and carried by unanimous vote. B. CONSIDERATION OF A RBOUEST FROM PALMER CABLEVISION FOR RESCISSION OF RESOLUTION NO. 91-74 APPROVING TRANSFER OF THE FRANCHISE TO PALMER CABLE ASSOCIATES AND ADOPTION OF A NEW RESOLUTION APPROVING THE TRANSFER OF THE FRANCHISE TO COLONY CABLEVISION OF CALIFORNIA (Continued from the Meetings of September 24 and October 8, 1992). Mr. Altman recommended that this matter be continued to the meeting of November 12, 1992. Upon question by Wilson, Mr. Altman responded that Mr. Ortega was still working on the agreement and that Palmer Cablevision had also requested continuance. Councilman Crites moved to continue this matter to the meeting of November 12, 1992. Motion was seconded by Wilson and carried by unanimous vote. 12 REGULAR PALM DESEPT CITY COUNCIL MEETING * * * * * * * * * i * * * * * * * * * * * * * * * * * * * * * * * * * * OCTOBER 22. 1992 XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Westinghouse Desert Communities - Tract Man 27520 Mr. Altman noted that this item had come up after the Agenda was posted. Councilman Crites moved to add it to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote. Mr. Altman noted a report had been distributed to Council and recommended approval of the tract map. Councilman Wilson moved to waive further reading and adopt Resolution No. 92-102 approving Tract Map 27520-1. Motion was seconded by Crites and carried by unanimous vote. 2. House Encroachment Into 15-Foot Rear Yard Setback at 41-965 Jones Drive (Sun Terrace Tract), Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote. Mr. Altman reviewed the memorandum distributed to Council. He noted that this was a complaint from Mr. Barry Baricza and that Council had directed a committee of staff and a Councilmember to meet with him to discuss his concerns. The committee felt the City's position had not changed and that the developer was not in violation of the City's code. Mayor Kelly stated he and staff had met with Mr. Baricza and inspected the site. He said their investigation indicated that not only was the developer within the City of Palm Desert's code, they could actually have developed the tract under their earlier County of Riverside approval because the area was not annexed to Palm Desert until after that County approval. He said the developer, at the request of City staff, went above and beyond his duty to try and make it a better environment. He agreed with the recommendation. Councilman Crites moved to receive and file the report. Motion was seconded by Snyder and carried by unanimous vote of the Council. 13 MI • UTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 22, 1992 * : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Holiday Meeting Schedule Mr. Altman recommended that Council schedule its November and December meetings as follows: November 12, December 3, and December 17. He noted that the second regular meeting in November would fall on Thanksgiving, while the second meeting in December would be Christmas Eve. Council concurred with the recommended dates. B. CITY ATTORNEY Mr. Phillips requested a Closed Session at the appropriate time pursuant to Government Code Sections 54956.8, Real Property Transactions (I 27ar property - 70 acres directly to the east of the Price Club property); 54957, Personnel; 54956.9(a), Existing Litigation (Epps v. City of Palm Desert). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. Councilman Crites noted for the record that he had sent a memorandum to Mr. Diaz with a portion of the City of La Quinta General Plan and asked that staff look at all alternatives in light of the upcoming issue of The Crest Development in the hillsides. Mr. Diaz stated he had received the memorandum and that staff would be looking into this. 2. Annexation No. 30 Mr. Diaz reported that earlier today the Local Agency Formation Commission, by a 7-0 vote, had approved the City of Palm Desert's proceeding with Annexation No. 30, which includes the Price Club and the 1 azar property referenced by the City Attorney. He added that staff would proceed to schedule the necessary hearings. 3. Mayor Kelly noted that Planning Commission Robert Downs had resigned from the Planning Commission at its meeting of October 20, 1992. He noted that Council had just recently completed interviews for this seat, and he recommended that it be filled as quickly as possible, especially with all of the things that are coming up. 14 REGULAR PALM DESERT CITY COUNCIL MEETLNG OCTOBER 22, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote of the Council. Councilman Crites moved to, by Minute Motion, appoint Ms. Diane Cox to fill the vacancy created by the resignation of Mr. Robert Downs. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING. Councilman Wilson explained his vote and stated that Ms. Cox was a close friend of his. He added that he felt the Council had made a fine decision in appointing her to this Commission. XIV. PUBLIC HEARINGS None XV. ORAL COMMUNICATIONS - B None XVI. ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session at 6:05 p.m., said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 6:40 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GILL1GAN, C CITY OF PALM DESERT, A 1 ITS LERK LIFORNI 15 RICHARD S. KELLY, MAYOR