HomeMy WebLinkAbout1996-02-08MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 8, 1996
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Snyder convened the meeting at 4:05 p.m.
H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Buford A. Crites
Mayor Pro-Tempore Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Walter H. Snyder
Also Present:
John Wohlmuth, Acting City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, Director of Community Affairs/City Clerk
Carlos L. Ortega, RDA Executive Director
Joe Gaugush, Acting Director of Public Works
Paul S. Gibson, Finance Director/City Treasurer
Wayne Ramsey, Director of Code Compliance
Phil Drell, Acting Director of Community Development
Mary P. Gates, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
MR. ALIBABA FARZANEH, 39-902 Newcastle Drive, Palm Desert, expressed concern about the
intersection of Country Club Drive and Oasis and said he felt there was a need for a traffic signal
at this location.
Mr. Gaugush responded that staff was already going through the procedures to have a signal
installed.
IVIINUTES
PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 1996
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VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 25, 1996.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 32 and 33.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Canyon Hills USA, Inc. for
Bizen Japanese Restaurant Located at 74-970 Country Club Drive, Suite 410, Palm Desert.
Rec: Refer to the Department of Community Development for processing of a
Conditional Use Permit.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Luis Enrique Calbillo and
Alfonso N. Quinteri for Business Located at 44-795 San Pablo Avenue, #1, Palm Desert.
Rec: Refer to the Department of Community Development for processing of
Conditional Use Permit.
E. CLAIM NO. 300 AGAINST THE CITY by Mary Fisher in the Amount of $116.31.
Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant.
F. CLAIM NO. 301 AGAINST THE CITY by Sharon Murphy in the Amount of $575.95.
Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant.
G. CLAIM NO. 302 AGAINST THE CITY by Lila C. Dayton in the Amount of $195.05.
Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant.
H. MINUTES of the Promotion Committee Meetings of December 19, 1995, and January 5,
1996.
Rec: Receive and file.
I. MINUTES of the Sister Cities Committee Meeting of December 18, 1995.
Rec: Receive and file.
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J. REQUEST FORAPPROVAL of Amendment to Contract No. C06894 Between the City and
the County of Riverside for Law Enforcement Services.
K.
Rec: By Minute Motion, approve the amendment and authorize the Mayor to execute
same.
LETTER OF RESIGNATION from Sharon Spiegel from the Civic Arts Committee Effective
June 30, 1996.
Rec: Receive with sincere regret and direct the Department of Community Affairs to
r••,r�; a plaque of appreciation to be presented at a future City Council
meeting.
L. RESOLUTION NO. 96-8 - 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 (December 1995).
Rec: Waive further reading and adopt.
M. REO' JEST FOR APPROVAL of Final Tract Map 28258-1, Kaufman & Broad of Southern
California, Applicant.
Rec: Waive further reading and adopt Resolution No. 96-2, approving Final Tract
Map. 28258-1.
N. REQUEST FOR APPROVAL of Substitution of Securities for Parcel Map 2 of Parcel Map
22794, Maun & Simon, Applicant.
Rec: By Minute Motion, approve the request and authorize the City Clerk to substitute
securities associated with Parcel Map 2 of Parcel Map 22794.
O. J EOUEST FOR ACCEPTANCE OF WORK for Contract No. C09910 with Manhole
Adjusting, Inc. for Street Resurfacing Program.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to
file a Notice of Completion for Contract No. C09910.
P. REOUEST FOR APPROPRIATION of $3,400 for the Replacement of Carpet in the City
Council Office Area.
Rec: By Minute Motion, appropriate $3,400 from the Unobligated General Fund
Reserve for the purchase of carpet.
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Q.
REOUEST FOR ACCEPTANCE OF WORK for Contract No. C09110 with Michael Watling
for the West Entry Signage.
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to
file a Notice of Completion for Contract No. C09110.
R. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Replacement of the
Civic Center HVAC System (Contract No. C1089Q).
Rec: Removed for separate discussion under Section IX, Consent Items Held Over.
S. REOUEST FOR APPROVAL of State -Local Transportation Partnership Program (SLTPP)
Supplement No. 005 to Master Agreement SLTPP-5414.
Rec: By Minute Motion, approve and execute SLTPP Supplement No. 005 to SLTPP
Master Agreement 5414 for the State Share of the Monterey Avenue Bridge at
the Whitewater Channel in the amount of $806,859.
T. REOUEST FOR APPROVAL of Appropriation for Telephone Maintenance Contract (No.
C07330).
Rec: By Minute Motion, approve the request and appropriate $8,000 from the
Unobligated Reserve to Account No. 110-4159-415-3090 for the continued
maintenance contract with Fujitsu.
U. REOUEST FOR RESCISSIQN of Implementation Agreement to Form a Road and Bridges
Benefit District (Contract No. C09790).
Rec: Waive further reading and adopt Resolution No. 96-14, rescinding the
Implementation Agreement No. C09790 between the City and the County of
Riverside.
V. REOUEST FOR APPROVAL of Change of Name for a Private Street in The Lakes Country
Club.
Rec: By Minute Motion, concur with the request to change the private street named
Old Ranch Road to The Lakes Drive.
Councilman Spiegel asked that Item R be removed for separate discussion under Section IX,
Consent Items Held Over, of the Agenda.
Councilman Spiegel moved to approve the remainder of the Consent Calendar as presented. Motion
was seconded by Kelly and carried by unanimous vote.
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VII. RESOLUTIONS
A. RESOLUTION NO. 96-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, STATING THE COMMITMENT OF THE CITY TO
RECOVER STATE LIBRARY FUNDING WHICH HAS BEEN WITHDRAWN.
Mr. Wohlmuth noted the memorandum in the packets and stated that staff recommended
approval of the resolution.
Councilman Kelly moved to waive further reading and adopt Resolution No. 96-11. Motion was
seconded by Benson and carried by unanimous vote.
B. RESOLUTION NQ. 96-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING SECTION I OF THE SALARY
SCHEDULE, RANGES & ALLOCATED CLASSIFICATIONS, AND AMENDING
SECTION III (GROUP B) ON EXEMPT PERSONNEL OF RESOLUTION NO. 95-41.
Mr. Erwin stated that this resolution had been prepared in accordance with Council direction.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-12. Motion was
seconded by Benson and carried by unanimous vote.
C. RESOLUTION NO. 96-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENT TO PREPARE
A CITY CHARTER, TO ESTABLISH A CHARTER CITY ADVISORY COMMITTEE,
AND TO PLACE THE CHARTER ON THE BALLOT OF THE GENERAL MUNICIPAL
ELECTION.
Mr. Wohlmuth noted the report in the packets, noting that Council had asked staff to look
into this issue. Upon question by Councilman Spiegel, he stated that staffs intent was to
draft the charter to be considered by the Council and the Advisory Committee prior to being
placed on a ballot.
Councilmember Benson noted that this month's issue of City Magazine included five articles
on one of the Constitutional amendments being proposed to allow for community charters,
and if this was going to be allowed, perhaps we would not need to go to a charter to
accomplish it. She said she would give the magazine to Mr. Wohlmuth to be reviewed.
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Councilman Spiegel asked when the Council would have to make a decision in order to have
this matter appear on the November 1997 ballot. Mr. Wohlmuth responded that a decision
would have to be made sometime around July of 1997. Mrs. Gilligan added that the Council
would have to take action to place the matter on the ballot.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-13. Motion was
seconded by Kelly and carried by unanimous vote.
VIII. ORDINANCES
For Introduction;
None
For Adoption:
None
IX. CONSENT ITEMS HELD OVER
R. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Replacement of the
Civic Center HVAC System (Contract No. C10890).
Councilman Spiegel expressed concern with whether this had been budgeted. Mr. Gibson
responded that the funds would come from an account budgeted two or three years ago for
roof repairs.
Councilman Crites expressed concern with the fact that the original Civic Center HVAC
systems are already worn out at 12 years, and he asked whether it was due to poor equipment
or poor maintenance. Mr. Bassler responded that although the equipment has been on a
routine maintenance schedule for the last six years, it was the consensus of Edison and others
that we have poor equipment. He noted that the large units over the Council Chamber were
twelve and a half ton units which no longer had replacement parts available.
Upon question by Councilman Spiegel, Mr. Gibson responded that the new units were at least
30% more efficient. Mr. Bassler noted that the City was currently paying $4,500 per month
for electricity, with $10,000 per month being spent in the summer. Upon further question
by Councilman Spiegel relative to the possibility of replacing only one bad unit, Mr. Bassler
stated that staff felt it would be more efficient to replace all remaining original units on the
roofs. Councilmember Benson agreed.
Councilman Spiegel moved to, by Minute Motion, authorize staff to advertise and call for bids to
replace the Civic Center heating, ventilation, and air-conditioning systems. Motion was seconded by Benson
and carried by unanimous vote.
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R. NEW BUSINESS
A. REQUEST FOR APPROVAL OF THE RIVERSIDE SYMPHONY -GRAND FINALE
SUMMER CONCERT AND SPONSORSHIP PROGRAM.
Mr. McAllister reviewed the staff report, noting that the name of the organization was
actually the Riverside County Philharmonic. He stated that Councilman Spiegel and staff
were recommending an additional appropriation of $11,000 for the Riverside County
Philharmonic and approval of a sponsorship program that would solicit $1,000 from various
Palm Desert businesses, one for each of the ten 1996 summer concerts as sponsorships. In
return for these sponsorships, the businesses would receive recognition and prominent
mention in advertising and publicity.
Councilmember Benson stated she was opposed to soliciting funds from businesses because
they are asked all year long to fund various things, and this is supposed to be something for
them to do. She also expressed concern with putting $11,000 into one concert.
Councilman Spiegel stated that local businesses in the past had indicated an interest in
participating in these concerts, and he felt it was a good idea to give businesses like First
Bank, Waste Management, etc. an opportunity to identify with the City. Upon question by
Councilmember Benson relative to why local symphonies were not invited to participate,
Councilman Spiegel stated that they had been contacted but had indicated the cost would be
higher than what we would pay for the Riverside County Philharmonic.
Councilman Crites noted that there were no Hispanic or Oriental groups in this series of
concerts.
Civic Arts Committee Chair Janet Brody addressed the Council and stated that there had been
Hispanic programs included in past concerts. She noted that the program was very
diversified, and people came out for all types of concerts whether they were Spanish,
Chinese, etc. With regard to the Riverside County Philharmonic, she said the program
requested was similar to Boston Pop, and they would be doing show and movie tunes and
family -oriented things.
With regard to the sponsorship program, Councilman Kelly stated that there were other
programs the City currently has for which sponsors are needed, such as the Community
Walk.
Councilmember Benson agreed and said there were many other ways that businesses could
identify with the City without the City asking for funds.
Councilman Crites agreed the City should not be soliciting money from the business
community; however, if a business (like the Marriott) wished to sponsor an event, perhaps
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the City could come up with something they could contribute to that would give them
recognition, and he suggested that staff look into this.
Councilman Kelly moved to, by Minute Motion: 1) Appropriate $11,000 from the Unobligated
General Fund to the Community Promotions Account No. 110-4416-414-3061; 2) direct staff to investigate
an alternative program to the recommended Sponsorship Program for the 1996 Summer Concert Series.
Councilman Crites stated he would second the motion with the addition of some type of Hispanic
event, whether it be for the Summer Concerts or some other summer occasion like the 4th of July or
SpringFest. Councilman Kelly accepted this friendly amendment. The Motion carried by unanimous vote.
B. REQUEST FOR APPROVAL OF ROSE SOCIETY FLOWER SHOW TO BE HELD IN
THE CIVIC CENTER PARK IN NOVEMBER, 1996.
Mr. Wohlmuth noted the report and recommendation in the packets.
Councilman Crites moved to, by Minute Motion: 1) Appropriate $750 from the Unobligated
General Fund and approve payment to the Rose Society; 2) approve the City's participation in the Rose
Society Flower Show to be held in November, 1996, in the Civic Center Park. Motion was seconded by
Benson and carried by unanimous vote.
C. INFORMATIONAL ITEMS:
1. Update on Interchanges.
a. I-10/Washington Street
b. I-10/Cook Street
c. I-10/Monterey Avenue
Mr. Gaugush reviewed the progress of the three interchange projects.
RI. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF LAS SOMBRAS CENTER/DESERT CROSSING
COMMON ACCESS AT FRED WARING DRIVE. (Continued from the Meeting of January
25, 1996).
Mr. Gaugush reviewed the staff report, noting that additional information requested by the
Council at its last meeting had been included.
Councilman Spiegel asked whether stop signs would be needed for the cross access from the
Desert Crossing center to Las Sombras. Mr. Gaugush responded that the current conditions
did not allow that cross movement, and this would need to be looked at if cross access were
allowed.
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Upon question by Councilman Kelly, Mr. Gaugush stated that it was staffs understanding
from last year's Council action that the City would provide reimbursement for the median
island portion of the work only and not the actual driveway relocations within the public
right-of-way. Councilman Kelly said he felt the City had some responsibility for not doing
better planning for this area and that something should have been done to take care of this
property when the Desert Crossing project was planned. He agreed it was difficult to exit
the Desert Crossing project and go to restaurants in the Las Sombras center.
Councilman Crites stated that this was why the City was picking up the cost of approximately
$13,000 in order to fix what should have been done before.
Councilman Spiegel moved to, by Minute Motion, approve paying the City's portion of the cost
for modifications if the property owner agrees to pay his portion. Motion was seconded by Kelly and
carried by unanimous vote.
B. REQUEST FOR APPROVAL OF AMENDMENT TO THE POLICE ADVISORY BYLAWS
AND RESOLUTION NO. 92-4. (Continued from the Meeting of January 11, 1996.)
Mr. Wohlmuth reviewed the report in the packets amending the bylaws regarding appointment
of members. He noted the letter from Chairman Duke Baker agreeing to the amendment but
requesting that the Council delay action on the appointment of new members because he felt
the Committee already had too many members. He said staffs recommendation was that the
Council adopt Resolution No. 96-4 amending the bylaws.
Councilman Spiegel noted that consideration of appointments to this committee was scheduled
for the 7:00 p.m. portion of this meeting.
Councilman Crites moved to waive further reading and adopt Resolution No. 2.( amending
Resolution No. 92-4 and the Police Advisory Committee bylaws. Motion was seconded by Spiegel.
Mrs. Gilligan stated that the City Manager's Secretary brought up the fact that two of the
members were students with voting privileges, and this was something that was not mentioned
in Mr. Baker's letter. She said the question was whether these students should be ex-officio
members, if they should be voting members, and if they needed to be included in the bylaws.
Councilman Crites stated that if we have voting members of an organization, they need to be
members of the organization. Councilman Kelly stated he felt they should be voting
members.
Councilman Crites amended his motion to include the two student representatives to the Police
Advisory Committee as voting members and direct staff to make the appropriate changes to the resolution.
Councilman Spiegel agreed to amend his second. Motion carried by unanimous vote of the Council.
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C. CONSIDERATION OF REQUEST FROM BIG BROTHERS BIG SISTERS OF THE
DESERT FOR OFFICE SPACE IN THE PALM DESERT AREA. (Continued from the
Meeting of January 25, 1996.)
Mr. Gibson stated that at a recent Executive Management meeting, he was directed to provide
a charitable contributions form to this organization as well as the old library report that
requires they fill out information regarding what space they are needing. This information
had been provided, and the matter would be considered by the Charitable Contributions
Committee as soon as that information is received.
Councilmember Benson stated she felt a meeting also needed to be scheduled for the
committee considering space at the library and the Brothers building. Mr. Gibson suggested
convening a joint meeting of the two groups.
Councilmember Benson moved to continue this matter for one month to gather the needed data.
Councilman Kelly stated he agreed that something could be worked out with charitable
organizations for use of the library building. However, the Brothers building has been set
up as an income type program, and it should be kept for that use. He felt the City should
be looking at places like the library building for charitable organizations.
Councilman Crites stated he felt if there was empty space at the Brothers building not being
use, it should also be considered for charitable organizations.
Mr. Ortega responded that staff would look into this. He said the space at the Brothers
building that is not rented needed to be improved. The cost would be approximately $15 per
square foot, with management, electrical, and maintenance costs being about $.50 per square
foot per month.
MR. ALIBABA FARZANEH addressed Council as the applicant and stated that the
paperwork would be submitted to the City by the following Monday. He said he had found
that $90,000 had previously been requested for funding of Big Brothers Big Sisters; however,
they would prefer to have space rather than money. With regard to improvements for the
Brothers building, he said they had a construction company that would donate all the needed
improvements so it would not have to be paid for by the City. He said if his organization
had to come up with monies for improvements, they would prefer to have space at the
Brothers building rather than the library building. He said they would also pay for all
utilities; all they needed from the City was space.
Motion was seconded by Spiegel and carried by unanimous vote.
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D. REPORT RELATIVE TO HIGHWAY 111 AND PANORAMA DRIVE. (Continued from
the Meeting of January 25, 1996.)
Mr. Gaugush reviewed the staff report and the Caltrans proposal to extend the median on
Highway 111 through the intersection at Panorama Drive to prevent all left turn movements
at this location. He said staff concurred that extension of the median is the most appropriate
remedy to this situation.
Councilman Kelly questioned the project at Deep Canyon and Highway 111 and asked when
the realignment of that intersection was scheduled to start. Mr. Gaugush responded that as
of today, he had returned to the design engineer a complete package of preliminary drawings
for their submittal to Caltrans. He said this should be happening next Monday and that
construction was anticipated to start in May or June. Councilman Kelly said he was opposed
to doing anything at Panorama Drive until Deep Canyon is improved.
Mr. Gaugush noted that the State was looking at this as a traffic safety improvement and had
indicated to staff that it would take at least six months.
Councilman Crites stated that it would be appropriate for staff to come back and talk about
this once Deep Canyon is completed.
Councilman Kelly moved to continue this matter until such time as improvements to the Deep
Canyon/Highway 111 intersection are completed. Motion was seconded by Spiegel and carried by
unanimous vote.
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Mr. Wohlmuth stated that staff had not had a chance to schedule a budget session with
the Council to get ideas on what projects and what information the Council would like
to have included in this year's budget. He said February 27th was the first staff
budget meeting. He said there were three options: 1) Council could provide
information to staff prior to February 27th; 2) a meeting with the Council could be
scheduled prior to February 27th; 3) Council could provide information to staff at the
next Council meeting on February 22nd and that information could be included and
discussed in the first stage of the budget process.
Mayor Snyder stated he felt a meeting needed to be scheduled with the Council to
discuss the budget process.
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Councilmember Benson suggested that the Council meet at 2:00 p.m. on February
22nd prior to the regularly scheduled Council meeting.
Councilman Kelly stated that he would miss the February 22nd Council meeting but
that he would submit the one item he would like to have considered.
Council concurred.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at an appropriate time to discuss the following items:
Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section
54956.9:
Significant exposure to litigation pursuant to subdivision (b):
Number of potential cases:
Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section
54956.9 (a):
Names of Parties: City of Palm Desert vs. Grenzow & Davis
Case Number: Superior Court No. 70208
C. CITY CLERK
1. Mrs. Gilligan noted that the El Paseo art exhibit was complete, and she distributed
copies of the new brochure explaining the exhibit. She noted that a second brochure
describing the self art tour through the City, including 79 pieces of art, was ready to
go to the printer. She said one thing that came out of the meeting with the task force
for the Visitor Center in the Promotion Committee was the lack of a map for the
Civic Center Park which not only outlined the pieces of art but also the different
facilities in the park. She said staff had asked the vendor for the public art tour to
expand her bid to include that so there will be a foldout in the brochure. Extra maps
would also be printed, and staff would be coming back at the next meeting to ask for
an increase in that budget in the amount of approximately $1,700 to produce 20,000
extra maps.
Councilman Kelly asked whether the Parks & Recreation Commission was involved
in this. Mrs. Gilligan responded that she would make sure this went to the
Commission before it is sent to the printer. Councilman Kelly stated that members
of the Parks & Recreation Commission were complaining to him one day that there
was not a map of the Civic Center Park, and he advised that they should contact Mrs.
Gilligan and that it was their job to recommend it. He said he wanted to make sure
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the information the Commission wants in the brochure is included. Mrs. Gilligan
responded that she had spoken with Mary Kucala from the Parks & Recreation
Commission and Bob Leo of the Chamber of Commerce and that the map would be
submitted to both prior to being printed.
Councilman Spiegel stated that he did not see the Club 74 sculpture identified in the
brochure, and Mrs. Gilligan responded that that would be on the next Council
Agenda.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action;
1. Councilman Crites asked that a report be prepared for the next Council
meeting relative to the Senior T.V. issue. He said the primary person working
on this from the Senior Center was Janet Underwood. He noted that
Continental Cable had in essence told us to "go take a hike" and would not do
anything about this. He said he would like a report by the next meeting
relative to what we can do to get this situation fixed.
2. Councilman Crites stated he would like a report on the next Agenda relative
to the lighting situation at the Target Center and how close we are to getting
it fixed.
Mr. Wohlmuth responded that the City Manager had requested a meeting with
Lowe Development to try and resolve the lighting issue. He said staff had
requested that Lowe repair the lights. They had verbally indicated they would
at one time; since then, they have had a difference of opinion. He said staff
had not been able to meet with them and had not received their commitment
to take care of the problem.
Councilman Crites asked that Mr. Wohlmuth work with the City Attorney
between now and the next meeting to find out what we can do to fix the
lighting situation.
Councilman Spiegel noted that there was a meeting with Lowe Development,
with a Vice President in charge of laying centers out, in the City Manager's
office last week. He said the primary reason for the meeting was the 111
Town Center; however, at that meeting, there was a discussion of the lights
at Desert Crossing. They are coming back with a plan for some type of
covers to place on the lamps to bring down the level of light. He said they
were going to show this to the City within the next week.
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Mr. Wohlmuth noted that there was a public hearing at the 7:00 p.m. portion
of this meeting, and Council might wish to discuss this situation with
representatives of Lowe and have it on the record that they will fix the lights.
o City Council Committee Reports:
None
XIV. ORAL COMMUNICATIONS - B
None
Councilman Crites moved to adjourn the meeting to Closed Session at 5:25 p.m. Motion was
seconded by Spiegel and carried by unanimous vote. Mayor Snyder reconvened the meeting at 7:05 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
A. PROCLAMATION DECLARING SATURDAY, FEBRUARY 10, 1996, AS
"CHRISTOPHER RIES DAY" IN THE CITY OF PALM DESERT.
On behalf of the City Council, Buford presented the proclamation to Mr. Ries.
Mr. Ries thanked the Council for the proclamation and invited the Councilmembers to come
to the Ritz Carlton to look at some of the world's largest sculptures carved from crystal.
B. CONSIDERATION OF APPOINTMENTS TO THE POLICE ADVISORY COMMITTEE.
Councilman Spiegel stated that from Chairman Duke Baker's letter, it seemed the Committee
did not have much stimulus. He suggested that the Council consider applicants who have
listed this committee as their first choice and interview those interested applicants for possible
appointment. He asked if there were term limits for this committee, and Mrs. Gilligan noted
that the bylaws indicated "undetermined term".
With Council concurrence, this matter was continued until after the Council has the opportunity
to interview applicants.
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Councilman Crites asked that staff place an item on the next Agenda for appointment to the Sister
Cities Committee. Council concurred.
C. CONSIDERATION OF APPOINTMENT TO THE HOUSING ADVISORY COMMITTEE.
Mrs. Gilligan noted that this had been placed on the Agenda at the direction of
Councilmember Benson to appoint Mr. Rod Murphy.
Councilmember Benson noted that this committee was recently formed by the Council to look
at affordable housing throughout the City.
Upon question by Councilman Kelly, Mrs. Gilligan responded that in addition to
Councilmember Benson, former Planning Commissioner Jim Richards was also a member of
this committee. Mrs. Benson added that Mr. Gil Holmes had also been appointed to this
committee. Councilman Kelly asked that staff prepare a report for the next meeting
indicating who the members of this committee are.
Mayor Snyder asked that the City Clerk provide to the Council a list of this committee's members
and place this item on the Agenda for the next Council meeting. Council concurred.
XVIII. PUBLIC HEARINGS
A. CONSIDERATION OF A REQUEST BY LOWE RESERVE CORP TO AMEND ITS
TENTATIVE MAP BY REDUCING THE NUMBER OF HOMESITES FROM 48 TO 43
SURROUNDING THREE GOLF HOLES WITH A MODIFIED CIRCULATION PLAN ON
55 ACRES EAST OF PORTOLA AVENUE AND SOUTH OF THE LIVING DESERT,
Case No. TT27710. Amendment #1.
Planner Phil Joy reviewed the staff report, noting that one of the requirements of the
Environmental Impact Report was that an errant ball study be done and that a shot deterrent
be provided. It did not require that the deterrent be a lake, and staff had worked with the
applicant to devise a shot deterrent consisting of native plantings. He noted a change to the
proposed conditions as follows: "Prior to grading permit issuance, the developer shall submit
its golf club bylaws to the City Attorney. Such bylaws shall include appropriate provisions
to establish a lateral hazard along the west side of the #4 fairway as more fully described in
the errant ball study. Such provisions shall not be amended without the consent of Ironwood
HOA #5." He noted for the record that the City had received letters from Mr. Recupero,
Mr. Lires, and Mr. Coker. He said he spoke with Mr. Coker, and he had no problems with
the project at this time. He offered to answer any questions.
Mayor Snyder declared the public hearing oven and invited testimony in FAVOR of this request.
MR. TED LENNON, 72-805 Clancy Lane, Rancho Mirage, President of Lowe Reserve
Corporation, showed the plan originally approved by the Council and said the difference
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between the two plans was reduced density. He reviewed what they would be doing to
mitigate concerns of adjoining property owners and showed the new plans with 375 feet
between the front of the home lots and the adjoining property lot lines. He explained the
reasoning behind deletion of the lake and inclusion of additional landscaping and trees to
mitigate concerns with errant balls.
Upon question by Councilman Spiegel, Mr. Lennon stated that he felt it would be extremely
rare to have errant balls go over into the homeowners' area.
With regard to architectural changes, Councilman Crites asked whether the fairway was in
the same place. Mr. Lennon responded that it was further away from the homeowners. He
added that the water would not have stopped the balls from going over into the homes, and
that is why the changes were made.
Councilman Spiegel asked whether the homeowners association had signed off on the water,
and Mr. Lennon responded that the water was actually never part of the agreement.
Mayor Snyder invited testimony in OPPOSmON to this request. None was offered, and he
declared the public hearing closed.
Councilman Crites moved to, by Minute Motion, adopt the findings; 2) waive further reading and
adopt Resolution No. 96-1A, approving TT 27710, Amendment #1, as amended by Mr. Joy.
Councilman Spiegel asked whether it would be possible to stipulate that if in fact the errant
balls become a hazard to the people who live in Ironwood, the matter could be brought back
to the Council.
Mr. Erwin responded that a condition could be added that if it becomes a hazard, the matter
could come back for corrective action.
Councilman Kelly stated that he would vote against the request because he voted against the
original project. His vote against the original project was because he did not think anything
was done to mitigate the extra traffic on Portola Avenue. He said this was mostly an Indian
Wells project, and everyone enters from Palm Desert streets. He noted that he had a problem
with the Vintage project and everyone entering from Fairway, and he had the same concerns
with this project.
Councilman Spiegel stated that he did not disagree but felt this was a good development.
With a Palm Desert address, it adds to the City of Palm Desert, and he said he would vote
for it if the stipulation is added relative to the errant ball hazard. Upon question by Mr.
Lennon, he said the stipulation would mean that the developer would have to look at the
errant ball situation again if it is a problem for Ironwood residents.
Mr. Lennon stated that he would immediately address the situation if it arises.
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Councilman Spiegel added that the complaint would come to the City, and the Planning
Department would come to the Council with suggestions to fix the problem.
Upon further discussion, Councilman Crites added to his motion that if errant balls become a
hazard to the people who live in Ironwood, the matter would be brought back to the Council for review.
Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Kelly voting NO.
Councilman Crites noted that he agreed with Councilman Kelly about the traffic and said he
would never have voted for this project if there had been anything the Council could legally
do about the traffic.
Councilman Crites stated that there was another issue that needed to be addressed, and that
was the lighting issue at Desert Crossing.
Mr. Lennon stated that he had spoken with City Manager Ray Diaz last week and had given
him his schedule so that a meeting could be set up to discuss this situation and come up with
a solution. He said he agreed with Mr. Diaz that this needed to be addressed and solved, and
he was now waiting for the meeting to be scheduled by Mr. Diaz.
XIX. ORAL COMMUNICATIONS - D
MR. MICHAEL HOLME, 17989 Corkhill Road, Desert Hot Springs, 92241 addressed the Council
and said he was picketing on February 6, 1996, on the northwest corner of Fred Waring and
Monterey, walking back and forth displaying his sign. Public Officers approached him and said
he was disturbing the peace and being offensive and needed a permit to picket on private land. He
said he had not been informed that the land was private and that he needed a permit, and he asked
who he should speak to about this situation.
Mayor Snyder referred him to the City Attorney. Mr. Erwin gave Mr. Holme his business card
and asked that he call the next day to discuss this.
Upon question by Councilmember Benson relative to the content of the sign, Mr. Holme stated that
it was an issue that was of personal concern to him and something that had disturbed his own
peace, and that was the issue of nonreligious circumcision.
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XX. ADJOURNMENT
Upon motion by Spiegel, second by Crites, Mayor Snyder adjourned the meeting at 7:55 p.m.
ATTEST:
1
1
WALTER H. SNYDER, MAY
SHEILA R. G I - GAN, D 1 • • OR OF COMMUNITY AFFAIRS
CITY OF PALM DESERT, C ORNIA
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