HomeMy WebLinkAbout1994-04-14MINUTES
REGULAR PALM DESERT CITY COUNCIL Mrr, a wwG
THURSDAY, APRIL 14, 1994
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I. CALL TO ORDER
Mayor Pro-Tempore Crites convened the meeting at 4:00 p.m.
H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
M. INVOCATION - Councilman Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor S. Roy Wilson (Arrived at 4:45 p.m.)
Also Present:
Bruce A. Altman City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Carlos L. Ortega, ACM/Director of Redevelopment Agency
Ramon A. Diaz, ACM/Director of Community Development
Richard Folkers, ACM/Director of Public Works
Paul Shillcock, ACM/Director of Economic Development
Paul Gibson, Director of Finance
Dave Millheim, Director of Human Resources
Wayne Ramsey, Acting Director of Code Compliance
Pat Conlon, Director of Building and Safety
Catherine Sass, Community Arts Manager
Ken Weller, Emergency Services Director
John Wohlmuth, Environmental Conservation Manager
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V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 24, 1994.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 42 and 43.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#246) by Ann Marie Pederson in the Amount of $3,331.00.
Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the
Claimant.
D. CLAIM AGAINST THE CITY (#247) by Timothy G. Durnford in the Approximate Amount
of $1,500.00.
Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the contractor; 2)
direct the City Clerk to so notify the Claimant.
E. CLAIM AGAINST THE CITY (#248) by Loretta Lewis in the Amount of $92.22.
Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the
Claimant.
F. CLAIM AGAINST THE CITY (#249I by Southern California Edison in an Estimated
Amount of $3,000.00.
Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the
Claimant.
G. CLAIM AGAINST THE CITY (f1249-AMENDED) by Southern California Edison Company
in the Amount of $4,134.87.
Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the contractor; 2)
direct the City Clerk to so notify the Claimant.
H. SCHEDULE OF INVESTMENTS as of March 31, 1994.
Rec: Receive and file.
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I. REQUEST FOR CONSIDERATION of Waiver of Penalties for Business License of Gold's
Gym (Neste Enterprises, Inc. dba Gold's Gym, Applicant).
Rec: By Minute Motion, deny the subject request for waiver of penalties.
J. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Barrier -Free
Project (Contract No. C08520).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
Barrier -Free Project.
K. REOUEST FOR APPROVAL of Irrigation Controller Test -Demonstration (Contract No.
C08530).
Rec: By Minute Motion, enter into an agreement with Solatrol, Inc. for a test -
demonstration to computer control and monitor selected Solatrol irrigation
controllers.
L. REOUEST FOR APPROVAL of Notice of Completion of Country Club Drive and
Washington Street Improvements (Contract No. C07630).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion on the
Country Club Drive and Washington Street Improvements.
M. REOUEST FOR APPROVAL of Release of Improvement Securities for Parcel Map 15723
(Ahmanson Commercial Development, Applicant).
Rec: By Minute Motion, authorize the release of improvement securities associated with
Parcels 3 & 4 of Parcel Map 15723.
N. REQUEST FOR APPROVAL of Inclusion to the Palm Desert Consolidated Landscape and
Lighting Assessment District, Zone 11, Portola Place.
Rec: By Minute Motion: 1) Accept the request for inclusion to the consolidated
assessment district by D & F Development of lots 1 through 23, Tract 27692 as
Zone 11 (Portola Place); 2) approve the Engineer's Report and district zone
diagram and form Zone 11 to the consolidated assessment district.
O. REQUEST FOR APPROVAL of Temporary Maintenance of Ironwood Park (Contract No.
C08540).
Rec: By Minute Motion, authorize Sir Michael's Landscape & Maintenance to continue
work at Ironwood Park on a month to month basis through June, 1994.
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P. REOUEST FOR APPROVAL of CVWD Cooperative Agreement for Project Sewer Facilities
Relocation, I-10/Cook Street Interchange (Contract No. C08550) Project No. 658-94.
Rec: By Minute Motion, approve the Cooperative Agreement (C08550) with Coachella
Valley Water District for the swap of Sewer Main Design, and Cash, in the amount
of SIX HUNDRED FORTY SEVEN THOUSAND, FOUR HUNDRED SIXTY,
($647,460.00), DOLLARS, in lieu of rebuilding the existing forced main sewer
pump station (Account #481-4389-433-4001).
Q. REQUEST FOR APPROVAL of CVAG Reimbursement Agreement for the Cook Street/I-10
Interchange (Contract No. C08560).
Rec: By Minute Motion: 1) authorize the Mayor and City Manager to enter into an
agreement with CVAG for the reimbursement of expenditures for the Cook Street/I-
10 Interchange; 2) increase the estimated revenue for CVAG reimbursement based
upon the new revised agreement for the Coachella Valley Water District. ,
R. REOUEST FOR CONSIDERATION of Design Change Order Approval, DCO#1, I-10/Cook
Street Interchange (Contract No. C06490), Project No. 658-94.
Rec: By Minute Motion: 1) Approve the subject design change order in the amount of
$81,000.00 for the design of the Varner Road Sewer Main Extension; 2)
appropriate an additional $15,000.00 to the Project Account. Estimated additional
revenues from CVAG reimbursement will be $81,000.00.
S. CONSIDERATION OF REOUEST from The American Cancer Society for Use of Klieg
Lights at a Private Party to .be Held at 73-179 Joshua Tree, Palm Desert.
Rec: By Minute Motion, approve the subject request.
T. REOUEST FOR APPROVAL of Out of State Travel for Acting Director of Code Compliance
to NBBLO Conference.
Rec: By Minute Motion, approve out of state travel request for Wayne Ramsey to the
NBBLO Conference in the amount of $488.60.
U. CONSIDERATION OF Ltd 'Lis from the City of Modesto Requesting the City of Palm
Desert Adopt a Resolution Urging Local Legislators to Support an Amendment to State Law
Allowing Cities and Other Public Agencies to Adopt Ordinances Imposing Financial
Responsibility on Both the Perpetrator and the Parents of Minor Children Who Commit Acts
of Graffiti Vandalism.
Rec: By Minute Motion, refer to staff for report and recommendation.
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V. colismigeincaDELMER from the Department of Community Action Urging the City
of Palm Desert to Adopt a Resolution to "Move Families Out of Poverty with Dignity".
Rec: By Minute Motion, refer to staff for report and recommendation.
W. CONSIDERATION OF REOUEST from the City of West Hollywood Urging the City of
Palm Desert to Support AB 13 Relative to Banning Smoking in Restaurants.
Rec: By Minute Motion, delay any action until the State has approved a bill and enacted
some type of legislation.
X. CONSIDERATION OF LETTER from the Coachella Valley Mountains Conservancy
Requesting that the City of Palm Desert Adopt a Resolution in Support of Designating
National Forest Lands as National Scenic Area.
Rec: Waive further reading and adopt subject Resolution.
Councilmember Benson asked that Item W be removed for separate discussion under Section IX,
Consent Items Held Over, of the Agenda. Councilman Snyder removed Item S, and Councilman
Crites removed Item E.
Upon motion by Snyder, second by Benson, and unanimous vote of the Council, the Consent
Calendar, with the exception of Items E, S, and W, was approved as presented.
VI. ORAL COMMUNICATIONS - A
MR. KEVIN SMITH, owner of the Drum Stop in Palm Desert, submitted a letter to the Council
(on file and of record in the City Clerk's Office) requesting financial assistance for the "All City
Drumlin". He noted that several members of the group were in attendance, and they gave a brief
performance for the Council.
Mayor Pro-Tem Crites stated that this item would be referred to staff for a report and
recommendation at the next meeting.
MR. AL PELLEGRINO, 43-456 San Pascual, addressed Council relative to the lighting at the new
ballfields in the Civic Center Park. He said the lights were turned on Tuesday, April 12, 1994,
and they were so bright that all of the neighbors came out. They were told that the lights were
being redirected and adjusted, and after waiting two to three hours, the situation was actually worse
than before the adjustments. He stated that another light test was scheduled for Tuesday, April
19th, and he invited the members of the Council to come and sit on his front lawn to observe first-
hand the intensity of the lighting.
MRS. GEORGIA PELLEGRINO, 43-456 San Pascual, addressed Council and said it had been 83
days since she requested that a noise study be done on the Civic Center Amphitheater. She said
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she did not want 70 decibels in front of her house, and she submitted a written chronology of what
had happened with her request to date (on file and of record in the City Clerk's Office). She asked
that the Council look into this problem.
Upon question by Councilmember Benson relative to noise testing to be done by Musician's Outlet,
Mr. Folkers responded that staff would try to get this accomplished in the next week. He added
that sound readings would also be taken this weekend during SpringFest.
Councilman Kelly stated there were several things that bothered him about the park, including the
use of "boom boxes" which he felt should not be allowed, and the night time closing of the park.
He said he was aware that staff was working on a park ordinance at this time, and he did not know
how a park of this size could be managed without some type of professionally paid security for the
closing hours. He asked that a report be prepared for the next Council meeting outlining a plan
to control problems in the park.
Council concurred, and Councilman Crites added that he felt there should be some type of
coordinated plan for all of the City's parks.
VII. RESOLUTIONS
None
VIII. ORDINANCES
None
IX. CONSENT ITEMS HELD OVER
E. CLAIM AGAINST THE CITY (#248) by Loretta Lewis in the Amount of $92.22.
Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the
Claimant.
Councilman Crites stated that this claim noted the triangular island at the entrance to Trader
Joe's was a traffic hazard. He asked that staff look into this and provide the Council with
data with regard to whether there are structural defects in terms of alignment.
Councilman Snyder moved to, by Minute Motion, deny the Claim and direct the City Clerk to so
notify the Claimant. Motion was seconded by Benson and carried by unanimous vote.
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S. CONSIDERATION OF REQUEST from The American Cancer Society for Use of Klieg
Lights at a Private Party to be Held at 73-179 Joshua Tree, Palm Desert.
Rec: By Minute Motion, approve the subject request.
Councilman Snyder asked whether neighbors had been contacted relative to this request. Mr.
Diaz responded that to his knowledge the neighbors had not been contacted; however, this
could be a made a condition of approval of the request.
Councilman Crites moved to, by Minute Motion, approve the subject request with the understanding
that the approval is contingent upon acceptance by the neighborhood. Motion was seconded by Kelly and
carried by unanimous vote.
W. CONSIDERATION OF REQUEST from the City of West Hollywood Urging the City of
Palm Desert to Support AB 13 Relative to Banning Smoking in Restaurants.
Rec: By Minute Motion, delay any action until the State has approved a bill and enacted
some type of legislation.
Councilmember Benson stated that the report from the League of California Cities last week
encouraged all cities to write to Sacramento and voice their concerns that the bill is not
acceptable as it is now written. She said a sample letter had been included, and she felt the
Council should send such a letter.
Councilman Crites suggested that Councilmember Benson and Mayor Wilson work together to draft
an appropriate letter to the legislators relative to this Assembly Bill. Council concurred.
X. NEW BUSINESS
A. REQUEST FOR APPROVAL OF PURCHASE OF AMERICAN RED CROSS. SUPPLIES
Mr. Altman noted the report in the packets and offered to answer any questions.
Councilman Crites stated that as a representative to the Public Safety Committee, it had come
as a surprise to a lot of people that the total number of cots the Red Cross has available in
the Valley is approximately 250. He added that the request had come from the Coachella
Valley Association of Governments that each city purchase supplies. Upon question by
Councilman Snyder, he responded that supplies purchased by each city would remain in that
city.
Mr. Weller added that the Cities of La Quinta and Rancho Mirage were already participating,
and other Valley cities would be going through the same process.
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Councilmember Benson moved to, by Minute Motion, approve Option II to purchase emergency
shelter supplies (cots, blankets, etc.) for $24,400.00. Motion was seconded by Snyder and carried by
unanimous vote.
B. REOUEST FOR APPROVALS OF ZONE CHANGE FOR FRED WARING PROPERTIES.
Mr. Diaz reviewed the staff report, noting staffs recommendation that prior to the City
initiating a change of zone to Office Professional on the north side of Fred Waring between
San Pascual and Deep Canyon, a meeting should be held with all r...k .. ty owners to let them
know the pros and cons and the procedure for changing the zone. He also indicated that the
rezoning would need to occur in sections no smaller than three or four connected lots because
rezonings of less than that size could be questioned as "spot zones" which are illegal in the
State of California.
Councilmembers Crites and Kelly expressed concern that the homeowners behind the area that
would be rezoned should also be notified, as should those who live on the south side of the
street. Councilmember Benson agreed.
Councilman Snyder moved to, by Minute Motion, direct staff to: 1) Contact neighbors on both
sides of Fred Waring Drive as well as on the street behind the property being considered for rezoning; 2)
look at how much right-of-way will be needed for acceleration and deceleration lanes. Motion was seconded
by Kelly and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF A MICROWAVE TOWER AT THE COACHELLA
VALLEY WATER DISTRICT'S SATELLITE FACILITY ON HOVLEY LANE EAST OF
COOK JYit r:i
Mr. Diaz reviewed the staff report and offered to answer any questions.
Councilman Snyder moved to, by Minute Motion, approve the microwave tower, subject to the City
having the right to install emergency communication equipment on the tower and that use of the tower be
made available to other utility companies with City of Palm Desert approval based on demonstration that
such use will not interfere with other uses on the tower. Motion was seconded by Kelly and carried by
unanimous vote.
D. REOUEST FOR APPROVAL OF ARTWORK TO BE PLACED AT THE ERNEST W.
HAHN ANAL- lun rsr.ATER.
Mr. Altman noted the report in the packets from Community Arts Manager Catherine Sass.
Councilman Snyder moved to, by Minute Motion, affirm the recommendation of the Civic Arts
Committee and approve the commission of two 30" bronze reliefs by Sharles for an amount not to exceed
$6,400.00. Motion was seconded by Benson and carried by unanimous vote.
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E. REOUTF_ST FOR WAIVER OF HOME OCCUPATION REQUIREMENTS FOR G.J.
MURPHY CONSTRUCTION.
Councilman Crites noted that a request had been received from the applicant for a
continuance.
Mr. Ramsey stated that staff did not have a problem with this request if it was Council's
desire to continue the item. However, he said staff felt sufficient time had been given the
applicant, and he had personally spoken with him.
Councilman Snyder moved to continue this matter to the meeting of April 28, 1994. Motion was
seconded by Kelly.
Councilman Crites asked for clarification from the City Attorney relative to a potential
conflict of interest. He stated that he and Mr. Murphy had made arrangements in January
to go down to San Felipe to Mr. Murphy's home; this trip was made last week, and he asked
whether he should abstain from voting on this issue.
Mr. Erwin responded that the conflict of interest provisions address themselves to financial
aspects; if there was no affect on Councilman Crites' income or any assets, there would be
no conflict of interest.
Councilman Crites called for the vote. The motion carried by unanimous vote of the Council.
F. REOUEST FOR APPROVAL OF ASSESSMENT DISTRICT NO. 94-1 (BIGHORN).
Mr. Altman noted the report in the packets and offered to answer any questions.
Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 94-40, appointing
Superintendent of Streets; 2) waive further reading and adopt Resolution No. 94-41, designating newspaper
to be used for Assessment District proceedings; 3) waive further reading and adopt Resolution No. 94-42,
declaring intention to order the acquisition and construction of certain improvements within and for a
proposed assessment district and the payment of certain expenses incidental thereto pursuant to the Municipal
Improvement Act of 1913, describing the Assessment District to be assessed to pay the costs and expenses
thereof, and determining that bonds shall be issued in the amount of the unpaid accevsments pursuant to the
Improvement Bond Act of 1915; 4) waive further reading and adopt Resolution No. 94-43, adopting map
describing proposed boundaries of Assessment District and ordering filing of map. Motion was seconded
by Snyder and carried by unanimous vote.
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G. CONSIDERATION OF LETTER FROM THE CITY OF PALM SPRINGS REQUESTING
THAT THE CITY OF PALM DESERT MAKE AN APPOINTMENT OF AN ELECTED
OFFICIAL, STAFF MEMBER, OR CITIZEN AT LARGE TO SERVE ON THE AIRPORT
EXPANSION COMMISSION.
Councilman Kelly stated he felt one of the Councilmembers should serve on the Airport
Commission.
Councilmember Benson stated that Mayor Wilson had asked whether she would be interested
in serving, and she said she would be happy to represent the City of Palm Desert.
Councilman Snyder also expressed interest in serving on this Commission.
With Council concurrence, Mayor Wilson was asked to make the appointment of a Councilmember
to serve on the Regional Airport Commission.
H. CONSIDERATION OF A Lti ir,K FROM MRS. THELMA GUFFAN REQUESTING AN
ORDINANCE AMENDMENT (TREEHOUSE, 74-391 SANTOLINA).
Councilman Crites stated he had visited the site to look at the tree house in question. He said
it was approximately four feet by eight feet by five feet high and was elevated approximately
six feet above the ground. He said he had spoken with the applicant's brother who indicated
the applicant had not been able to make contact with the neighbor (the owner of the tree
house). He suggested that Mr. Diaz be directed to work with the applicant and her neighbor
to see if this situation can be. resolved.
Councilman Kelly asked why these people were allowed to build the tree house without a
building permit and asked whether it passed the Building Code. Mr. Conlon responded that
there is an exception in the Building Code for play houses, tree houses, etc. that do not
exceed 120 square feet.
Councilmember Benson expressed concern with the line of sight.
Councilman Snyder moved to, by Minute Motion, refer this matter to staff for arbitration. Motion
was seconded by Kelly and carried by unanimous vote.
NOTE: MAYOR WI SON ARRIVED AT 4:45 P.M.
I. PRESENTATION BY THE CHAMBER ORCHESTRA OF THE DESERT.
MS. JOANNE BOURQUIN addressed Council as the Music Director and Conductor of the
Chamber Orchestra of the Desert and read a statement about this organization. She
distributed programs relative to the group's upcoming concert at Hope Lutheran Church this
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weekend, and she invited the Council to attend. She added that she felt the Orchestra
deserved both the verbal and financial support of the Palm Desert City Council.
Mayor Wilson thanked her and advised her that the City also had its SpringFest event this
weekend.
J. INFORMATIONAL ITEMS:
1. Colony CableVision of California Update.
Mr. Ortega noted the report in the packets relative to cable complaints received for
the period March 12 through April 4, 1994.
2. Traffic Signal Installation at Monterey Avenue and I-10.
Mr. Folkers noted the report in the packets and offered to answer any questions.
3. City of Pasadena Resolution #7045 - Eradicating Rampant Violence.
Mr. Altman noted the report in the packets from the City Attorney and offered to
answer any questions.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Altman stated he was sad to announce that Mr. Seyed Safavian would be leaving the
City's employment and moving to the state of Washington to accept another position. He
added that a get-together had been planned for noon on Tuesday, April 26, 1994, at
Chaparral Country Club to wish him farewell.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time for the purposes listed under
Section XX-A of the Agenda.
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
Councilman Crites stated that with the citizens of Rancho Mirage casting an advisory
ballot to the negative on the Civic Center complex, including a new library, this might
be the appropriate time to discuss with the City Council of Rancho Mirage the issue
of perhaps their city joining in the financing of the joint City/County library. He
asked that staff look into this, and Council concurred.
o City Council Committee Renorts:
None
XIV. ORAL COMMUNICATIONS - B
None
Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Mayor Pro-Tem
Crites recessed the meeting at 5:10 p.m. to Closed Session pursuant to Government Code Section 54956.8,
Real Property Transactions. The properties in question are: 1) A portion of a 60 foot easement owned by
Kathleen Fox located west of the Palm Valley Channel south of Painters Path; 2) a 12.2 acre site owned by
ACD 2 (Ahmanson Co.) west of Highway 111 between El Paseo and the Palm Valley Storm Water Channel;
3) 9.6 acres north of Country Club Drive owned by Peter Solomon; price and terms of payment will be
discussed.
Mayor Wilson 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
None
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XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF REQUEST BY CONDUCTING AUTHORITY — LAFCO NO. 93-
43-4 — FOR A PUBLIC HEARING ON ANNEXATION NO. 31 (SUNCREST COUNTRY
CLUB).
Mayor Wilson noted that this was a protest hearing in which to object to the annexation of
Suncrest Country Club to Palm Desert. He stated that written protests were required to be
filed by the end of the hearing. He said he had read some of the correspondence which
indicated the City was out to grab the Suncrest area for some kind of financial gain — that
was not the City's intent. He said the City was approached over a year ago by residents who
said they would like to be considered for annexation; the City proceeded with the paperwork
through Lafco and was now in the process of determining whether to move forward, call for
an election, or cancel the annexation. He added that the philosophy of the City of Palm
Desert has been and continues to remain that it does not go out and seek annexation of areas
that are populated; however, if people wish to annex in to the City of Palm Desert, the
Council will consider and process their request.
Mr. Erwin reviewed the legal requirements, noting that Council's action was dependent on
the number of written protests received, and only written protests would be considered per
the Government Code. He said that if less than 25 % of the registered voters filed written
protests, the Council would be directed to order annexation of the property. If more than
25 % but less than 50% of the registered voters file written protests, Council must call an
election for the purpose of determining whether the annexation shall occur. If more than
50% of the registered voters file written protests, the annexation would stop. He added that
protests by the land owner must also be in writing. In this case, there is only one land
owner, and if he protests, the matter would be set for election of the registered voters; if he
does not protest, and depending on the registered voter protests, the annexation would go
through.
Mr. Diaz reviewed the staff report, noting that in May of 1992 the City received a petition
from residents of Suncrest Country Club asking to be annexed to the City. He offered to
answer any questions.
Mayor Wilson declared the public hearing gign and invited testimony in FAVOR of or OPPOSED
to this annexation.
MR. GERHARD BEFELD, 73-450 Country Club Drive, owner of Suncrest Country Club,
spoke in opposition to the annexation.
MRS. MARIE BEFELD, 73-450 Country Club Drive, read a prepared statement in
opposition and submitted it to the City Clerk (on file and of record in the City Clerk's
Office).
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MR. DAVID L. BARON, 1900 Tahquitz Canyon Way, Attorney for the owner of Suncrest
Country Club, stated that signatures submitted by the Befelds showed a great majority of
registered voters as opposed to the annexation. He noted that opposition was not against the
City of Palm Desert but was because of some unique financial disparities and financial burden
that would occur.
The following residents of Suncrest Country Club, 73-450 Country Club Drive, spoke in
OPPOSITION to the annexation:
MR. PAUL DIAMOND, No. 215.
MS. ANITA ROBINSON, No. 128.
MS. CARRIE BT T J P KASSON, No. 90.
MR. DARROW YOUNGS, No. 251.
MR. WALT RESSLER, No. 212.
MS. PATRICIA KEEP, No. 123.
MR. FRANK ZIERER, No. 2.
The following residents of Suncrest Country Club, 73-450 Country Club Drive, spoke in FAVOR
of annexation:
MR. K NNETH DUNKELBERGER, No. 349.
MR. PHIL ZELL, No. 64, President of the Suncrest Homeowners Association, read a
prepared statement, stated that at the Executive Board meeting of April 1, a majority of the
Board voted that annexation to the City would be an advantage to the residents. He requested
that the annexation proceed to election.
MR. SANFORD SKYLAR, No. 91, questioned whether the current voter list was current.
He stated that there were people on the list who, while they worked at Suncrest, did not
reside there. He asked that this be checked. He added that he wanted a chance to vote by
secret ballot without any coercion.
MR. HAROLD MALABY, No. 146, expressed appreciation to the City staff for their
assistance in obtaining the necessary information for dissemination to the residents of
Suncrest.
MRS. ARLENE MALABY, No. 146.
MR. HERMAN SAMOW, No. 11, read a r.:,ra.:,,i statement refuting statements made at the
Lafco meeting.
With no further testimony offered, Mayor Wilson declared the public hearing closed.
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After review by the City Attorney and City Clerk of the written protests received, Mr. Erwin
stated that in all probability this proceeding would stop because there appeared to be more
than 50% of the registered voters protesting the annexation. He noted that the petitions
would be sent to the Registrar of Voters for verification of signatures, and he asked that the
Council continue this matter for two weeks.
Councilman Snyder moved to continue this matter to the meeting of April 28, 1994, and to direct
the City Clerk to forward the petitions to the Registrar of Voters for verification of signatures. Motion was
seconded by Crites and carried by unanimous vote of the Council.
B. REOUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT
ESTABLISHING "LARGE FAMILY DAY CARE" PERMITS AND SETTING A PERMIT
FEE.
Mr. Altman noted a letter in the packets from Ms. Doris Mechanick requesting continuance
of this hearing.
Mayor Wilson stated that this mattes was before Council at its last meeting; however,
Councilmember Benson, who works most closely with child care, was not present, and the
item was continued to this time in order to hold a meeting with her and other interested
parties and to provide a report to the Council. That meeting had not yet been held. He noted
that this was a continued public hearing and that the hearing was open.
MS. SUSAN REED, 74-388 Myrsine Avenue, stated that she as a family day care provider
for 12 in Palm Desert. She said renewal of her City business license had been denied
approximately a year ago because she did not have a Conditional Use Permit to operate her
center. The matter ended up in the courts, with Judge Doherty ruling on the case and
settlement being reached in December. With regard to the meeting to be held with interested
parties, she said she understood there was no one on that committee who is a day care
provider.
Councilmember Benson stated that she did not see any reason not to have someone from the
community on the committee.
Mayor Wilson stated that one of the intents in setting up a committee was to involve all
parties. He asked that Ms. Reed submit to the City Clerk a list of several people representing
the interests of the family day care providers, and one or two would be selected to be on the
committee to give that point of view.
MR. JOE BROWN, 74-300 Erin Street, stated he had submitted a written letter of protest
relative to this ordinance. He said he was strongly opposed to the City even being involved
in this area at all, and he felt the ordinance would have a negative impact on young, dual -
career families as well as the City.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 1994
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MS. JOYCE HUXLEY, 74-330 De Anza Way, spoke as a day care provider and asked why
the City was even getting involved in this matter.
Councilman Crites responded that State law put the City in a situation where it must set up
a procedure for licensing of these types of businesses In addition, there are people who
continually question businesses being in residential areas.
Ms. Huxley added that she had been in this business for 30 years and had never had any
problems until now.
MS. DONNA PRUETT, 76-800 Lancelot Court, spoke as a parent and said she was looking
for something for her children that is more family -oriented. She said she felt some of the
things being considered by the committee would be restrictive to the type of family day care
she wants for her children.
MS. MARGARET GERTZ, 74-457 Myrsine Avenue, expressed opposition because, if her
child care provider is closed down, she will be out of a job herself.
With no further testimony offered, Councilman Crites moved to continue this matter to the meeting
of April 28, 1994. Motion was seconded by Snyder and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF AMENDMENT TO THE GENERAL PLAN LAND USE
AND CIRCULATION ELEMENTS.
Mr. Diaz reviewed the staff report and recommendation.
Mayor Wilson declared the public hearing Dm and invited testimony in FAVOR of or OPPOSED
to this request. No testimony was offered, and he declared the public hearing.
Councilman Crites moved to waive further reading and adopt Resolution No. 94-34, approving
amendments to the General Plan Land Use and Circulation Elements as amended. Motion was seconded
by Kelly and carried by unanimous vote.
D. REOUEST FOR VACATION OF STREET RIGHT-OF-WAY: PAINTERS PATH
BETWEEN FRED WARING DRIVE AND THE PALM VALLEY CHANNEL.
Mr. Folkers reviewed the staff report and recommendation.
Mayor Wilson stated it was his understanding that by implementing this street vacation, the
City would in no way cut off access to Mr. Fox's r..,r...tJ.
Mr. Erwin stated that was correct.
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Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request.
MR. GEORGE FOX, Fox Canyon, Palm Desert, asked that Council table this matter or
abandon the request in its entirety because of documentation he would show during the
Redevelopment Agency public hearing.
MR. GREG HOXWORTH, Lowe Enterprises, representing ACD2, showed the proposed new
realignment of Painters Path which he felt would provide better access to the Fox r...r:.a�.
Mayor Wilson declared the public hearing gig.
Councilman Crites moved to waive further reading and adopt Resolution No. 94-44 vacating the
subject right-of-way. Motion was seconded by Snyder and carried by unanimous vote.
E. REQUEST FOR APPROVAL OF SEWER CONNECTION ORDINANCE.
Mr. Conlon reviewed the staff report and recommendation. He noted additional language
should be included at the end of Section 8.60.010 to read as follows: "This ordinance shall
apply to any , building, or structure which enters into escrow after the effective date
of the ordinance."
Councilman Crites expressed appreciation to Mr. Conlon and stated that every time he asked
for additional information, it was provided to him in a very timely manner.
Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request.
MR. KURT SIPOLSKI, 74-619 Candlewood, Palm Desert, asked whether the ordinance
would put the onus on the buyer or the seller to pay for the sewer connection..
Mr. Conlon responded that the way the ordinance is structured, the seller must connect to the
sewer before the r. i.r t, transfer takes place. He added that this is only for those
VA ties, buildings, etc. that enter into escrowafter the effective date of the ordinance and
that also have the sewer connection available.
With no further testimony offered, Mayor Wilson declared the public hearing cligal.
Councilman Snyder moved to waive further reading and pass Ordinance No. RI to second reading
as amended to include additional language as stated by Mr. Conlon. Motion was seconded by Benson and
carried by unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL 1tiir.r.ii G APRIL 14, 1994
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XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Crites, second by Snyder, and unanimous vote of the City Council, Mayor Wilson
adjourned the meeting at 9:10 p.m.
ATTEST:
is,//tL//
SHEILA R. GILLIG - , CITY
CITY OF PALM DESERT, C _ . •+1 ORNIA
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