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HomeMy WebLinkAbout1995-06-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 8, 1995 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman Walter H. Snyder Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Richard J. Folkers, Acting City Manager/Director of Public Works David J. Erwin, City Attorney Ramon A. Diaz, Director of Community Development/ACM Sheila R. Gilligan, City Clerk/P.I.O. Gregg Holtz, Senior Engineer John M. Wohlmuth, Assistant to the City Manager Paul Gibson, Director of Finance Wayne Ramsey, Director of Code Compliance MINUTES REGULAR PALM DESEI% . CITY COUNCIL MEETING JUNE 8, 1995 • • • • * • • • * • • * • * • • * * * * * . • • *• • • • • • * • • * • • • • V. ORAL COMMUNICATIONS - A Miss Christina Hernandez, a student from the Palm Desert Middle School, thanked the City Council for its $8,000 contribution to the school and explained how the money would be used for programs and student activities. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 25, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 48. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by B.B. O'Brien's, Inc. for 72- 185 Painters Path, Palm Desert. Rec: Receive and file. D. RESOLUTION NO. 95-46 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (April 1995). Rec: Waive further reading and adopt. E. LETTER OF RESIGNATION from David H. Eslinger from the Parks and Recreation Commission. Rec: Accept with sincere regret. F. MINUTES of the Economic Development Advisory Committee Meeting of April 20, 1995. Rec: Receive and file. G. REOUEST FOR CONSIDERATION of Recommendation by the Civic Arts Committee to Commission the Artwork "Bedtime Stories" by Gary Price for $49,000.00. Rec: By Minute Motion, deny the recommendation of the Civic Arts Committee to acquire the artwork "Bedtime Stories" due to the lack of funds available in the Fiscal Year 1994/95 AIPP budget and unresolved long-term maintenance concerns. 2 MINUTES REGULAR PALM DESER: Y COUNCIL MEETING JUNE 8, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * �* * * * * * * * * * * * H. REOUEST FOR APPROVAL of the Release of Grading Security for Parcel Map 27925, Desert Crossing (Lowe Enterprises Commercial Group, Applicant). Rec: By Minute Motion, accept the improvements as complete and authorize the City Clerk to release the grading securities for this project. I. REOUEST FOR APPROVAL of Five -Year Measure "A" Local Funds Program. Rec: By Minute Motion, approve the five-year Measure "A" Local Funds Program for the Riverside County Transportation Commission. J. REOUEST FOR CONSIDERATION of School Zone Pedestrian and Traffic Control on Cook Street at Palm Desert High School (Santa Fe Trail), Contract No. C10020. Rec: By Minute Motion: 1) Approve installation of school flashers on Cook Street at Palm Desert High School; 2) authorize the City Clerk to advertise and call for bids for the subject project. K. REOUEST FOR EXTENSION OF CONTRACT for Joe A. Gonsalves & Son as the City's Legislative Advocate (Contract No. CO29961. Rec: By Minute Motion, approve the extension of Contract No. CO2996 between Joe A. Gonsalves & Son and the City of Palm Desert for Fiscal Year 1995/96 in the amount of $28,800.00. L. REOUEST FOR APPROVAL of Maintenance Contract Extension Proposal from Bus Services Corporation for City of Palm Desert Electric Bus Maintenance (Contract No. C07961). Rec: By Minute Motion, accept a maintenance contract extension proposal from Bus Services Corporation in the amount of $4,408.00 (Contract No. C07961). M. REOUEST FOR APPROVAL of Change Order No. 1 to Contract C07401 for Consolidated Maintenance Area #1. Rec: By Minute Motion, ratify Change Order No. 1 to Contract No. C07401 in the amount of $1,500.00. N. REOUEST FOR APPROVAL of Change in the Palm Springs Desert Resorts CVB Joint Powers Agreement (Contract No. C03400). Rec: By Minute Motion, approve the change in the Joint Powers Agreement with the Palm Springs Desert Resorts Convention and Visitors Bureau. -3 MINUTES ,- REGULAR PALM DESER, 2ITY COUNCIL MEETING r JUNE 8, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REOUEST FOR APPROVAL of Notice of Completion for Gazebo/Community Walk Project for the Civic Center Walk (Contract No. C0908G). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. The following items were removed for discussion under Section IX, Consent Items Held Over: "I" by Councilman Kelly, "L" by Acting City Manager Richard Folkers, "N" by Mayor Crites, and "0" by Councilman Spiegel. Upon motion by Spiegel, second by Benson, the remainder of the Consent Calendar was approved by unanimous vote of the City Council. VII. RESOLUTIONS A. RESOLUTION NO. 95-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 95-44 RELATING TO THE MAINTENANCE OF MINUTES AND RECORDS OF CLOSED SESSIONS PURSUANT TO SECTION 54957.2 OF THE GOVERNMENT CODE. Mr. Erwin advised that this resolution clarified the wording in one adopted earlier by specifying that recording of Closed Sessions would occur only at the direction of the City Council and not at every meeting. Upon motion by Spiegel, second by Snyder, Resolution No. 95-47 was adopted by unanimous vote of the City Council. B. RESOLUTION NO. 95-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 93-81 TO DELETE TWO INDIVIDUALS AS AUTHORIZED CITY REPRESENTATIVES TO OBTAIN FEDERAL SURPLUS PROPERTY. Upon motion by Snyder, second by Spiegel, Resolution No. 95-48 was adopted by unanimous vote of the City Council. C. RESOLUTION NO. 95-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING A DECISION OF THE PALM DESERT ARCHITECTURAL REVIEW COMMISSION RELATING TO THE TIERRA VISTA DEVELOPMENT. Upon motion by Snyder, second by Kelly, Resolution No. 95-49 was adopted by unanimous vote of the City Council. 4 MINUTES REGULAR PALM DESEW Y COUNCIL MEETING JUNE 8, 1995 * * * * • * * * • * *-* • * * * * * * • * * * * * * * * * * * * * * * * • * VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 780 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES (Hovley Lane East between Portola Avenue and Eldorado Drive). Mr. Gregg Holtz, Senior Engineer, reviewed the staff report and recommendation. Upon motion by Snyder, second by Kelly, Ordinance No. 780 was passed to second reading by unanimous vote of the City Council. For Adoption: A. ORDINANCE NO. 779 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES (San Pascual Avenue between Alessandro Drive and Rutledge Way; Rutledge Way between San Pascual Avenue and Portola Avenue; Grapevine Street between Highway 74 and Ryway Place; Grapevine Street between Ryway Place and Portola Avenue). Mark Greenwood, Transportation Engineer, reviewed the staff report and recommendation. Upon question by Councilman Spiegel, Mr. Folkers responded that the ordinance would provide the lowest possible speed limit for that section of the street. Upon question by Councilman Spiegel, Mr. Folkers advised that the City could not implement a uniform speed for the entire street as certain sections of it did not meet the criteria for lowering it. Upon motion by Spiegel, second by Kelly, Ordinance No. 779 was passed to second reading by unanimous vote of the City Council. IX. CONSENT ITEMS HELD OVER I. REOUEST FOR APPROVAL of Five -Year Measure "A" Local Funds Program. Mr. Folkers presented the plan to the City Council, and it was held for action to the 7 p.m. portion of the meeting to allow members a chance to look at it during the dinner break. The following action was taken at the evening session: Councilman Spiegel moved to approve the five-year Measure "A" Local Funds Program for the Riverside County Transportation Commission. Councilmember Benson seconded the motion, and it carried by unanimous vote of the City Council. 5 MINUTES REGULAR PALM DESEF...2ITY COUNCIL MEETING JUNE 8, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. REOUEST FOR APPROVAL of Maintenance Contract Extension Proposal from Bus Services Corporation for City of Palm Desert Electric Bus Maintenance (Contract No. C079611. Upon motion by Spiegel, second by Kelly, Item "L" was continued to the meeting of June 22, 1995, by unanimous vote of the City Council. N. REOUEST FOR APPROVAL of Change in the Palm Springs Desert Resorts CVB Joint Powers Agreement (Contract No. C03400). Mayor Crites stated that this amendment gave the County of Riverside a slot for an alternate member, and he felt that all agencies should have the same opportunity. Councilman Kelly pointed out that the County only has one representative of its five members eligible to participate while each municipality had five members, any one of which could participate. Councilmember Benson moved to, by Minute Motion, approve the change in the Joint Powers Agreement with the Palm Springs Desert Resorts Convention and Visitors Bureau. Councilman Kelly seconded the motion. Motion carried by unanimous vote. O. REOUEST FOR APPROVAL of Notice of Completion for Gazebo/Community Walk Project for the Civic Center Walk (Contract No. C0908G). Councilman Spiegel stated that he had removed this for discussion to ask that staff develop a plan to complete the sale of tiles, benches, etc. for the community walk inasmuch as it now appears to be in a very unfinished state. Catherine Sass and Sheila Gilligan both agreed to work with the Civic Arts Committee and the News Bureau to promote and expedite these sales. Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. Councilman Kelly seconded the motion. Motion carried by unanimous vote of the City Council. X. NEW BUSINESS A. PRESENTATION BY MISS SARAH MILLS RELATIVE TO HER ACCEPTANCE TO THE RIVERSIDE COUNTY DELEGATION FOR THE PEOPLE TO PEOPLE AMBASSADOR PROGRAM. Ms. Mills made a presentation to the City Council relative to the People to People Program which has been started by President Dwight D. Eisenhower. She reviewed the countries she would be visiting and explained the value of such a citizen exchange. She thanked the City for its support of this program over the years. 6 MINUTES REGULAR PALM DESER" 1 COUNCIL MEETING JUNE 8, 1995 * * * * * * * * * * * , '* * * * * * * * * * * « * +_ * * * * * * * * * * * * Mayor Crites presented Ms. Mills with brochures and various gifts from the City of Palm Desert and asked that she present them to those people whom she met during her travels. B. REOUEST FOR APPROVAL OF THE PURCHASE OF THREE DELOSS MCGRAW PAINTINGS FOR AN AMOUNT NOT TO EXCEED $14,223.00 FOR FUTURE PLACEMENT AT THE MULTI -AGENCY LIBRARY (Joint item with the Palm Desert Redevelopment Agency). Mr. Folkers stated that while the staff report was self-explanatory, Ms. Sass was available to answer any questions City Council might have. Councilman Snyder moved to, by Minute Motion: 1) Approve the design and direct staff to acquire three Deloss McGraw paintings titled "Oiseau" diptych, "Lune du soir", and "Lapin du soir" for an amount not to exceed $14,223.00; 2) that the Agency direct staff to direct the District (C.O.D.) to enter into an agreement for acquisition of artwork for the Multi -Agency Library. Councilmember Benson seconded the motion, and it carried by unanimous vote of the City Council. C. REOUEST FOR APPROVAL OF CAPITAL IMPROVEMENT PROGRAM MANUAL. Mr. Folkers reviewed the staff report. Councilman Spiegel stated that the manual was outstanding and that the only thing he might like to add to it would be a prioritization of projects. Mr. Folkers responded that staff would prepare such a list. Councilman Spiegel moved to, by Minute Motion, approve the Capital Improvement Program Manual as the standard for the City's Capital Improvement Program projects. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Council. D . CONSIDERATION OF REOUEST FOR WAIVER OF PENALTIES AND FORECLOSURE COSTS ON ASSESSMENT FOR GRACE REYNOLDS. VERBATIM TRANSCRIPT: Key BAC Mayor Buford A. Crites RJF Richard J. Folkers, Acting City Manager PSG Paul S. Gibson, Finance Director/City Treasurer RSK Councilman Richard S. Kelly WHS Mayor Pro-Tempore Walter H. Snyder RAS Councilman Robert A. Spiegel JMB Councilmember Jean M. Benson 7 MINUTES • REGULAR PALM DESEI _ L'ITY COUNCIL MEETING JUNE 8, 1995 * • • * • • * • * • * • * • * • • * • • • • * • * • * • * • • • * • * • • • SRG City Clerk Sheila R. Gilligan BAC Item D...consideration of a request for waiver of penalties. Mr. City Manager... RJF Yes...Mr. Gibson will be handling this. Incidentally, on this one, just some initial remarks. Normally we would be very much opposed to these things, and Paul will go through the deliberations that we had on this and give you his suggestions. PSG Well, just for you to understand what the request is, we're requesting, or she is asking or requesting, I'm doing this on her behalf. She didn't feel comfortable about getting in front of the Council and that. She would like you to waive the $440 of MFS administrative fees, their cost of administering the foreclosure process and collecting and delinquent assessments. The other piece is the $625.00 in attorney fees that they've actually started the procedure of foreclosing on the property. She doesn't want that to happen. As far as the background goes, she indicated to me that they've had problems on her street about getting their mail, people stealing their mail, etc., so she didn't receive the fast or second notice; however, those are courtesy notices. By law, we're not required to do that because they're supposed to pay their property taxes, etc. She also indicated that her father fell off a stepladder and, therefore, she's had a lot of medical bills and that's caused her a hardship too, and she doesn't have a lot of income to pay for her normal items and that, so she's asking to pay $100.00 a month to pay for everything other than those two items and that. That's my quick synopsis of this. I will indicate from...as a Finance Director that this does start a circumstance where other individuals could come in to the City and ask for the same circumstance, and we do have probably about 200 individuals, property owners, out there that are delinquent and could ask for the same type of circumstance. BAC But your recommendation is that we accept this request. PSG No, my recommendation is that it's up to you. I'm not making any specific recommendation. RJF Let's clarify...the staffs recommendation is the Scrooge hardline, unfortunately, to deny it. PSG I indicated to her that I'd bring this to Council in her behalf. That was my promise to her. RSK But, you didn't... WHS You did your best. RAS I move to approve the request for waiver of penalties and foreclosure costs on assessment for Grace Reynolds. 8 MINUTES REGULAR PALM DESER Y COUNCIL MEETING JUNE 8, 1995 • * * * * • • * * • ** * * * * * * * * * * * • *_ * * * * * * * * * * * * WHS JMB PSG I would like to concur but I see the precedent we'd set. We went through this once before on a gal's property by the old City Hall, and we wouldn't do that...some of you who were there at that...and much as I hate to create a hardship on her. Perhaps we could find a way that payments would take in all of the amounts. Unless there's a way we could legally...I don't want to see this coming up every month. Could I just ask on the letter from Owen, is this the father going after the daughter because it says pursuant to the request of your father and...this letter is to initiate a formal payment plan...is she paying her father, then? No, what happened on that circumstance is Bob Owen called her house, her father answered and talked to Bob Owen, and he agreed to a payment plan. This letter from Bob Owen then was sent to her, and she said wait a minute. He indicated to her it was $100.00 a month what Bob Owen said. I don't believe that was the true case, but in any case, she couldn't accept the $200.00 a month. JMB But Dan Russie is her father? PSG Yes. JMB (unclear)...a lot of property around Palm Desert...(unclear) RAS As I understand it, she's willing to pay it, it's just the back that she doesn't want to pay. She's willing to pay $100.00 a month, is that correct? PSG She can pay $100.00 a month, but the problem is two -fold. One, if she pays $100.00 a month, we have certain time constraints before more penalties and interest will be accrued on here, so if she paid the admin and the attorney fees, she'd be past that and she'd have additional fees to pay, so she'd be going another six months to a year after that. RSK Eventually it all gets paid if we approve this? PSG If you waive...if we, the City, pay the $440.00 plus $625.00 she'll pay the rest of it within about seven months, yes. RAS Well...a neighbor across the street from my home, husband died, and because of that she failed to pay her personal property taxes, and a letter was sent to R. Wayne Watts and he, based on the problem, waived the additional fee for her, and if he can do that I don't know why we can't do that. PSG Well, I guess one difference is the fact that interest goes to the County versus this goes to MFS and MFS, we've signed an agreement with them to do this service, so they are out the cost of their salaries, etc. So, we're going to have to pay the fee if she doesn't. "9 MINUTES REGULAR PALM DESEI CITY COUNCIL MEETING JUNE 8, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BAC Let me ask a different question. If we... if she had to pay the fee, if she had to pay the attorney fee, as an example, not the other one, the administrative fee, let's just say she had to pay the attorney fee, if that was also at the end of $100.00 a month it was just an additional x number of months to pay that at $100.00 a month... PSG Okay... BAC We could do that? PSG We could do that, yes. BAC With some kind of a trigger in there that by doing that we don't trigger another darn penalty thing while she's paying this off? PSG If she's paying on a payment plan, yes we can work that part of it out, yes. I guess the only other notation... BAC Okay, why don't you do this, maybe at least just to set something out, is that you visit with her... PSG Okay. BAC ...and that you bring back to us if possible something that satisfies this issue, that allows her to pay an additional $100.00 a month, gets this darn thing paid for, but does not in the doing of that trigger any further assessments or penalties or anything like that while she makes a good faith effort to tend to her business, and see if there's something like that that's findable within this process. And we might even look at the issue of the fees but not...but the attorney issue may need to be paid over that time or something, so...would you... PSG I could do that, yes. BAC Is that comfortable with my colleagues to bring something like that back to us? RSK It's okay with me. BAC Okay, if then a motion to continue to two weeks, is that sufficient, or do you wish a month? PSG I'm going to have to ask for a month. BAC Okay, to continue for one month, is there such a motion? JMB I'll move. 10 MINUTES REGULAR PALM DESER Y COUNCIL MEETING JUNE 8, 1995 « * * * * * * * * * *-* * * * * * * * * * * * * * * * * * * * * * * « * RSK Second. BAC Motion and a second, please vote. SRG The motion carries by unanimous vote. E. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Folkers noted the staff report which outlined complaints received on cable television. 2. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers reviewed the status of the design of the three I-10 interchanges. XI. CONTINUED BUSINESS A. REOUEST FOR CONSIDERATION OF INSTALLATION OF MEDIAN ON FRED WARING DRIVE EAST OF PHYLLIS JACKSON LANE - REFUND OF CONSTRUCTION DEPOSIT, Ken-Mor Enterprises, Applicant (Continued from the Meeting of May 11, 1995). Mr. Holtz reviewed the staff report and recommendation. Mr. Folkers added that it was his recommendation that the City Council take action to keep the money so that when there is a development west of Phyllis Jackson Drive, the City would proceed with the construction of the median island. Upon question by Mayor Crites, Mr. Folkers responded that the City of Indian Wells had chosen not to condition development for the installation of this median. He added that he did not believe it would do any good to discuss it further with Indian Wells inasmuch as the development had already been approved without that condition. Councilman Snyder moved to, by Minute Motion, deny the request for reimbursement of construction funds for the median installation on Fred Waring Drive east of Phyllis Jackson Lane. Councilmember Benson seconded the motion, and it carried by a 4-1 vote with Councilman Spiegel voting NO. 11 MINUTES REGULAR PALM DESER .:ITY COUNCIL MEETING JUNE 8, 1995 « « « « « « « « « « « « « « « « « « « « « « « « «'"« « « « « « « « « « « « « B. REOUEST FOR CONSIDERATION OF THE CITY OF PALM DESERT CLASSIFICATION PLAN (Continued from the Meeting of May 11, 1995). Action taken on this item at evening session: Mayor Crites stated that he would like to see this item continued for two weeks in that he had serious problems with the way the study was conducted and until he had more information, he would not vote for it. Upon motion by Spiegel, second by Snyder, the item was continued to the meeting of June 22, 1995, by unanimous vote of the Council. C. REOUEST FOR APPROVAL OF THE REFUND OF ART FEES TO ENJOY DEVELOPMENT FOR PLACEMENT OF ART (Continued from the Meeting of May 11, 1995). Mr. Folkers noted that while Enjoy Development had satisfied its requirement to the public art fund, it had not paid its TUMF fees. He added that a court order had been issued authorizing the City to hold the art fees until such time as the developer had met his obligation for the TUMF. Councilman Spiegel moved to, by Minute Motion: 1) Direct staff to refund $21,956.01 from past year unobligated Art -In -Public -Places Reserves for Enjoy Development's placement of art; 2) direct staff to transfer said funds into Account Number 610-0000-228-3100 to be held in trust pending final court decision. Councilman Kelly seconded the motion, and it carried by unanimous vote. XII. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF FRED WARING DRIVE - SOUND WALL. Mr. Folkers reviewed the staff report and recommendation. Mayor Crites stated that what he had in mind when he met with some of the property owners on Fred Waring Drive was a sound wall at the sidewalk with a minimum street behind it. A sound wall broken every few feet by a driveway doesn't do any good. He said he suspected it was even dangerous. He said that by creating an assessment district, the City would cost the people three times more than if they went out and built the wall themselves because they would not have to pay prevailing wage, etc. We are doing this in as expensive a manner as possible while providing the people there with the least possible amount of good. He concluded by saying that it was inconceivable to him how the Council wound up with the worst of all alternatives. 12 MINUTES REGULAR PALM DESER' Y COUNCIL MEETING JUNE 8, 1995 * « * * * * * * « * «- '« « « * * * * * * * * * * * « * « * * « « * * * « Councilman Spiegel said that while he agreed with the Mayor's comments about the wall design, the Council had approved this concept because the residents in attendance of the meeting in which it was being heard had indicated that they wanted an assessment district. Mayor Crites said that he was still in favor of the sound wall to the front of the property with an alley behind it. He felt it would be more attractive than what is presently on the other side of Fred Waring Drive which is a pleasant collection of aging wooden fences. Mr. Matt Mandick, Fred Waring Drive, Palm Desert, addressed Council stating that he felt it should be left the way it is. Ms. Linda Gaylor, 74-170 Fred Waring Drive, Palm Desert, said she had lived in her home for nine years and that the noise was not unbearable. She asked the Council to leave everything the way it is. Mr. Duane Stroll, 74-296 Fred Waring Drive, Palm Desert, asked the Council to leave the street the way it was. Mr. Cory Barbeau, 74-052 Fred Waring Drive, Palm Desert, stated that noise was never an issue with him. His issue was one of safety. He asked the City Council to leave it the way it is. Upon question by Councilman Spiegel, Mr. Folkers responded that staff would come back with suggestions on improving the safety of this neighborhood. Councilman Spiegel moved to direct staff to abandon the formation of the proposed sound wall assessment district. Councilman Kelly seconded the motion, and it carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER Request for Anvroval for Use of Balloon for Festivities at Jensen's Market. Mr. Folkers stated that this item had come up after the agenda had been posted and asked that the Council consider adding it to the agenda by 4/5 vote. Upon motion by Spiegel, second by Snyder, the item was added to the agenda by unanimous vote of the City Council. Mr. Diaz recommended that the City Council approve the request and also give staff authorization to approve these requests using the same criteria used by the City Council. 13 MINUTES REGULAR PALM DESE1 . ITY COUNCIL MEETING JUNE 8, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that one of these balloons had been at the mattress showroom the weekend before, and she did not remembered approving it. Mr. Diaz said that staff had not issued any approvals and noted that he would investigate it. Councilman Spiegel moved to approve the request for a balloon at Jensen's and challenged staff to come up with criteria that would allow approval of such requests at a staff level. Councilman Snyder seconded the motion, and it carried by unanimous vote. B. CITY ATTORNEY Reauest for Closed Session Conference with Real Property Negotiator pursuant to Section 54956.8: Property: Lot 130, Country Club Village No. 1, M.B. 40/9-11 and a portion of the east half of Section 16 T5SR6E SBB&M, and 3.1 acres M/L Sec. 16 in Por SE14 RT5S Negotiating Parties: Agency: City of Palm Desert Property Owner: Jack Rule and Dr. Rigby C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Consideration of Letter from League of California Cities Relative to Telecommunications Reform (Mayor Buford A. Crites). Councilmember Benson moved to support the legislation dealing with telecommunications reform. Councilman Kelly seconded the motion, and it carried by unanimous vote. 2. Reauest for Annroval of Notice of Exemption and Certificate of Fee Exemption for the Willow Hole Multiple Species Habitat Acquisition Project (Mayor Buford A. Crites). Councilman Kelly moved to approve the Notice of Exemption and Certificate of Fee Exemption for the Willow Hole Multiple Species Habitat Acquisition Project. Councilman Snyder seconded the motion, and it carried by unanimous vote. 14 MINUTES REGULAR PALM DESER' Y COUNCIL MEETING JUNE 8, 1995 * * * * * * * * * *•* - * * * * * * * * * * * * * .. * * * * * * * * * * * * o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Mayor Crites recessed for dinner at 6:35 p.m. He reconvened the meeting at 7:50 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING THE MONTH OF SEPTEMBER, 1995, AS "JUNK YOUR JALOPY MONTH" IN THE CITY OF PALM DESERT. Mayor Crites presented the proclamation to Director of Code Compliance Wayne Ramsey. B. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. JOHN MARMAN FOR HIS SERVICE ON THE CITY'S PARKS AND RECREATION COMMISSION. Mayor Crites presented a plaque to Mr. Marman recognizing him for his 17 years of service to the community as a member of the Park & Recreation Commission. The Mayor noted the many accomplishments made by the Commission during Mr. Marman's tenure and expressed appreciation on behalf of all members of the City Council, staff, and residents. Mr. Marman thanked the City for the opportunity to serve. He congratulated staff for its accomplishments over the years and said that he had truly enjoyed working with the employees of the City. I5 MINUTES REGULAR PALM DESEI CITY COUNCIL MEETING JUNE 8, 1995 * * * * * * * * * • * * * * * • * * * * • * • • * • • • * * * * * * * * • • C. PRESENTATION TO MR. FRED TRETTA IN APPRECIATION OF HIS EFFORTS WITH REGARD TO SPRINGFEST '95. Mr. Tretta was unable to attend the meeting; this presentation will be made at the meeting of June 22, 1995. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT AND CHANGE OF ZONE FROM PLANNED RESIDENTIAL AND RESORT COMMERCIAL TO DISTRICT COMMERCIAL (PC-2) AND APPROVAL OF A PRECISE PLAN OF DESIGN TO PERMIT CONSTRUCTION OF AN 81,747 SQUARE FOOT RETAIL SHOPPING CENTER ON 8.7 ACRES AT THE NORTHEAST CORNER OF DEEP CANYON ROAD AND HIGHWAY 111, Case Nos. GPA94-2. C/Z 94-3. PP 94-7 (F & M Associates, Applicant) Continued from the Meetings of April 27, May 11, and May 25, 1995. Mr. Diaz advised the City Council that the applicant was requesting a continuance of this hearing to the meeting of June 22, 1995, to allow its representatives an opportunity to meet with the major tenant of the project to discuss conditions imposed by the Planning Commission. Mayor Crites declared the Public Hearing OPEN and invited public testimony. Mr. Dick Franzen confirmed the reason he was requesting a continuance. He said he would have something for review by the City Attorney one week in advance of the next regularly scheduled meeting of June 22nd. Upon motion by Spiegel, second by Snyder, the item was continued to the meeting of June 22, 1995, by unanimous vote of the City Council. B. REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM PC(4) RESORT COMMERCIAL TO SINGLE FAMILY RESIDENTIAL (PARCELS 640-031-006 THRU 010, 640-031-015 THRU 019) AND FROM PC(4) RESORT COMMERCIAL TO O.P. OFFICE PROFESSIONAL (640-031-001), AND GENERAL PLAN AMENDMENT FROM RESORT COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL (640-031-006 THRU 010, 640-031-015 THRU 019) AND FROM RESORT COMMERCIAL TO OFFICE PROFESSIONAL (640-031-001), SAID PARCELS LOCATED WEST OF JOSHUA ROAD BETWEEN CACTUS DRIVE AND PARK VIEW DRIVE (WILLIAM J. COX AND CITY OF PALM DESERT, APPLICANTS), Case Nos. GPA95-1 and C/Z 95-1. Mr. Diaz reviewed the staff report and recommendation. 16 MINUTES REGULAR PALM DESER'_ Y COUNCIL MEETING JUNE 8, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites explained that when Waring Plaza was developed by Downey Savings and Loan, there had been negotiations involving this piece of land which had not been resolved and the land, therefore, remained separate. The thinking at that time was there would probably be a resort commercial project on it in the future. Mayor Crites declared the Public Hearing OPEN, and invited testimony. Mr. Jeff Cox addressed Council as representative of the applicant, his father. He commented about the commercial piece of land which had no bearing on his request but noted that it had a four foot berm up front and if the zoning was changed to residential, the City would have to figure out how to come in off the back street which would put an extra financial burden on that property's development. Upon question by Councilman Spiegel, Mr. Cox responded that neighbors did have concerns he was developing affordable housing; however, he said he could not pay for the land by building $100,000 houses. He would be better off dumping the land as commercial and take 50 cents on the dollar. Upon question by Councilman Spiegel, Mr. Cox responded that while neighbors had expressed concern about the proposed wall, the Planning Commission had pointed out that that issue would be resolved when the developer came in for a conditional use permit on that particular piece of property. With no further public testimony offered, Mayor Crites declared the Public Hearing CLOSED. Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-50 approving GPA 95-1; 2) waive further reading and pass Ordinance No. 781 to second reading approving C/Z 95-1. Councilmember Benson seconded the motion, and it carried by unanimous vote. C. REOUEST FOR CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR PROJECT NO. 633-95 (DEEP CANYON/HIGHWAY 111 ROAD REALIGNMENT PROJECT). Mr. Diaz reviewed the staff report and recommendation. Mayor Crites declared the Public Hearing OPEN and invited testimony. None was offered. He declared the Public Hearing CLOSED. Councilmember Benson moved to, by Minute Motion, certify the Negative Declaration of Environmental Impact for Project No. 633-95. Councilman Kelly seconded the motion, and it carried by unanimous vote of the City Council. 17 MINUTES REGULAR PALM DESER , 2ITY COUNCIL MEETING JUNE 8, 1995 * * * * * * * * * * * * * * * * * * * * * * * • •..* • • * * * * * * * * * • XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Benson, second by Snyder, and unanimous vote of the Council, Mayor Crites adjourned the meeting to Closed Session at 8:20 p.m. for the reasons stated by the City Attorney. He reconvened the meeting at 8:50 p.m. and immediately adjourned announcing no action from the Session. ATTEST: 11 SHEILA R. GILLIGAN, CI CLERK/P.I.O. CITY OF PALM DESERT, CALIFORNIA ' 7 B ORD /A: CRITES, MAYOR 18