HomeMy WebLinkAbout1997-08-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 28, 1997
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 5:00 p.m.
H. ROLL CALL
Present:
Mayor Pro Tempore Jean M. Benson
Councilman Buford A. Crites
Councilman Walter H. Snyder
Councilman Robert A. Spiegel
Mayor Richard S. Kelly
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, Director of Community Affairs/City Clerk
Richard J. Folkers, ACM/Director of Public Works
John Wohlmuth, ACM/Director of Administrative Services
Carlos L. Ortega, RDA Executive Director
Pat Conlon, Director of Building and Safety
Phil Drell, Director of Community Development
Paul Gibson, Finance Director/City Treasurer
John Nagus, Community Arts Manager
Paul S'.:ili-ock, Economic Development Manager
Mary P. Gates, Deputy City Clerk
III. ORAL COMMUNICATIONS - A
MR. IVAN PRICE, Director of Capital Development for the ABC Recovery Center in Indio,
addressed the Council and stated that his organization served primarily men, women, women with
young children, and pregnant women who have had alcohol and drug problems. He said they
primarily served the Coachella Valley and the balance of Riverside County, with members of the
Board and staff from the Coachella Valley area. He said the Board had voted to expand the
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 1997
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facilities, and he distributed information to the Council and City Clerk relative to what those facilities
are.
MS. ELIZABETH LINNERBERRY (sp.), 48-010 Painted Canyon, Cahuilla Hills, addressed the
Council relative to concerns about the Crest project, both her concerns and those of her daughter and
son in law. She said her daughter and son in law were unable to be here and had asked her to attend
the meeting and ask questions regarding where we are regarding the Crest because their property sits
next to it. She said she did not know which side the gate was going to be on and whether they would
end up in the Crest property or in Cahuilla Hills. She said at one time they were going to be on the
other side of the gate and that they were one of three families that were involved. Then the gate was
moved, and at this point they did not know where they were at and whether or not they should
protest it.
Councilman Crites stated that to the best of his recollection, when the project was before the Council
the last time, the emergency access gate is to be located at the edge of their property boundary.
Ms. Linnerberry said this would not then involve them and the gate would not be close to their
property. She said mail is not delivered in the Cahuilla Hills and that residents have post office
boxes. If residents are on the other side of the gate, they will have to go all the way up Highway
74, come into Cahuilla Hills, get their mail, and then go all the way back down and then go through
the Crest.
Councilman Crites stated that one of the issues discussed at the last meeting was where that gate
would be, and it would be at the edge of the Crest property rather than at some further spot. She
said if that was not true, Mr. Drell would be in contact with her.
IV. CONSENT CALENDAR
A. MaLUM of the Adjourned City Council Meetings of March 13 and August 7, 1997, and the
Regular City Council Meetings of July 10, July 24, and August 14, 1997.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, and 12.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#338) by Berl Springer in an Unspecified Amount.
Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the
Claimant.
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— C-2. CLAIM AGAINST THE CITY (#339) by Interinsurance Exchange of the Automobile Club,
Subrogee, for Robert Hirsch in the Amount of $2,580.88.
Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the
Claimant.
C-3. CLAIM AGAINST THE CITY (,#343) by Jasna Kajtaz and Emila Rahimic in an Unspecified
Amount.
Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the
Claimant.
D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Parasol Restaurants Inc. for
Angie's, 73-030 El Paseo, Palm Desert.
Rec: Receive and file.
D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by R&R Associates LLC,
Christopher Haig Bash, Jonni-Maria Bash, and C. Kenard Riding, Jr. for Bash's Clubhouse,
74-450 Palm Desert Drive, Palm Desert.
Rec: Receive and file.
D-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marylene Pisano, Locanda
Toscana Corporation for Locanda Toscana, 72-695 Highway III, A 9-10, Palm Desert.
Rec: Receive and file.
D-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by E M T Inc. for Mario's
Restaurant, 45-299 Lupine Lane, Palm Desert.
Rec: Receive and file.
E-1 RESOLUTION NO. 97-66 - 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 (June 1997).
Rec: Waive further reading and adopt.
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E-2. RESOLUTION NO.97-67 - 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
Business Support Center that have been Microfilmed.
Rec: Waive further reading and adopt.
E-3. RESOLUTION NO. 97-68 - 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 Office
of the Director of Finance that have been Microfilmed.
Rec: Waive further reading and adopt.
F. INVESTMENT PORTFOLIO SUMMARY for June, 1997.
Rec: Receive and file.
G. REQUEST FOR APPROVAL Funding Support for the Santa Rosa Mountains National Scenic
Visitors' Center, Palm Desert, California.
Rec: By Minute Motion, authorize the Mayor to enter into a three-year Memorandum of
Understanding with the Bureau of Land Management (BLM) to assist with the costs
associated with the administration and operation of the Santa Rosa Mountains
National Scenic Area Visitors' Center (Visitors' Center) and enforcement services
for the National Scenic Area (Contract No. C13340).
H. REQUEST FOR APPROVAL of Haystack Road and Highway 74 Traffic Signal Cooperative
Agreement between the State of California (Caltrans District 08) and the City of Palm Desert
(Contract No. C13350).
Rec: By Minute Motion, authorize the Mayor to execute the Haystack & Highway 74
Traffic Signal Cooperative Agreement between the State of California and the City
of Palm Desert.
I. REQUEST FOR AWARD OF BID for Purchase of Grass Seed.
Rec: By Minute Motion, award the bid for the purchase of grass seed to Turf Partners,
Palm Desert, at the unit price of $0.7195 per pound.
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J. REQUEST FOR APPROVAL of Change Order No. 1 to the Slurry Seal Program (Contract
No. C11820, Project No. 751-97).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to the Contract C11820 for the
additional construction bid items required for the completion of the Slurry Seal
Program in the amount of $11,148.56; 2) authorize the transfer of $11,148.56 from
contingency to base.
K-1. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C12600 - Monterey Avenue
and Hovley Lane West Improvements (Project No. 637-96).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject project.
K-2 REQUEST FOR ACCEPTANCE OF WORK for Contract No. C12990 - Parking Lot
Improvements at San Pablo and Highway 111 Intersection (Project No. 623A-97).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject project.
L. REQUEST FOR APPROVAL of Civic Arts/AIPP Committee Bylaws Recommendation.
Rec: By Minute Motion, approve AIPP and Civic Arts recommendation for revisions to
the Art -In -Public -Places Selection Subcommittee Bylaws.
M. REQUEST FOR WAIVER of Transient Occupancy Tax Audit Findings.
This item was removed for separate discussion under Section V, Consent Items Held Over.
Please see that section of the Minutes for Council discussion and action.
N. REQUEST FOR APPROVAL of Final Tract Map 27770 (Whitehawk Homes Development;
Sheffield Homes, Applicant).
Rec: Waive further reading and adopt Resolution No. 97-69 approving Tract Map 27770.
O. REQUEST FOR CONSIDERATION of National Pollutant Discharge Elimination System
(NPDES) Implementation Agreement (Contract No. C13360).
Rec: By Minute Motion, authorize the Mayor to execute the NPDES Implementation
Agreement.
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P. REQUEST FOR APPROVAL of the Setting of a Public Hearing to Consider Street Right -of -
Way Abandonment in Ironwood Country Club Area.
Q.
Rec: Waive further reading and adopt Resolution No. 97-70 setting public hearings to
consider the vacation request.
REQUEST FOR RELEASE of Grading Improvement Security for Tract 19814-1 (Villas at
Desert Falls, Applicant).
Rec: By Minute Motion, authorize the City Clerk to relence the subject improvement
securities.
R. REQUEST FOR APPROVAL of Revised Scope of Work for the Funded Fuel Cell Program.
Rec: By Minute Motion, approve the revised Scope of Work as proposed by the
Department of Energy and instruct staff to facilitate an amendment to Contract
#96055 with the South Coast Air Quality Management District reflecting the revised
Scope of Work.
S. REQUEST FOR APPROVAL of Transfer of Assets and Liabilities from Palm Desert Power
Development, Inc. (PD2) to the City of Palm Desert.
Rec: By Minute Motion, approve the transfer of all assets and liabilities from Palm Desert
Power Development, Inc. (PD2) to the City of Palm Desert.
T. REQUEST FOR APPROVAL of Increase in Community Development Petty Cash Fund for
Business Support Center Activities.
Rec: Waive further reading and adopt Resolution No. 97-76, increasing by $200.00 the
amount of the petty cash fund under the supervision and control of the Director of
Community Development
U. REQUEST FOR RENEWAL OF CONTRACT for Subdivision Review Services (Contract No.
C11841).
Rec: By Minute Motion: 1) Renew Contract No. C11841 for subdivision review services
with Engineering Services for a one-year period in the amount of $30,000.00; 2)
authorize the appropriation of $30,000.00 for subdivision review services to Account
No. 110-4300-413-3090 from the revenue generated from plan check fees in Revenue
Account No. 110-0000-341-1200.
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V. REQUEST FOR APPROVAL of Improvements to City Hall for the Business Assistance
Center.
Rec: By Minute Motion: 1) Approve Contract No. C13370 with Robert S. Ritchey, AIA
in the total amount of $6,017.00 for the preparation of the preliminary architectural
drawings and the preparation of the final working drawings for the interior
improvements at the Business Assistance Center; 2) authorize the Director of Finance
to appropriate $6,017.00 from unallocated Construction Tax funds for the above
contract; 3) upon final preparation of the working drawings with the City Manager's
approval, authorize staff to go out to bid for the above project and report back to the
City Council with the recommendation of award of bid (Contract No. C13380).
Councilman Spiegel asked that Item M be removed for separate discussion under Section V, Consent
Items Held Over.
Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as
presented by unanimous vote of the Council.
V. CONSENT ITEMS HELD OVER
— M. REQUEST FOR WAIVER of Transient Occupancy Tax Audit Findings.
Councilman Spiegel stated that evidently there were some hotels/motels in Palm Desert having
guests staying for longer than 31 days, in which case they're required to pay hotel occupancy
tax.
Mr. Gibson stated that this was correct. However, one of the problems discovered through the
audit was that they were not getting a signed agreement by the parties that were covered for
that 31 days. Therefore, they have to collect the first 30 days without having a signed
agreement.
Councilman Spiegel stated that from what Mr. Gibson stated, if someone stays two months,
if they do not have a signed statement, they have to pay for the first 30 days, and they do not
have to pay for the first 30 days if they have a signed statement. Mr. Gibson agreed.
Councilman Spiegel stated he felt it was important to make this easy for them. He said we
should give them the form or whatever they have to do to make it easier.
Mr. Gibson stated that this was what he was proposing to do.
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Councilman Spiegel asked if staff would be putting something together to make it easier for
the hotels.
Councilman Spiegel moved to, by Minute Motion, waive audit finding dealing with improper
unsigned documentation on exemption of 31 days and implement procedures and documentation for all future
exemptions of transient occupancy tax. Motion was seconded by Crites and carried by unanimous vote.
VI. RESOLUTIONS
A. RESOLUTION NO. 97-71- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1996-97 BUDGET TO
PROVIDE ADDITIONAL APPROPRIATIONS FROM THE TRAFFIC SAFETY, GAS TAX,
AND GENERAL FUNDS.
Mr. Diaz noted the report in the packets and stated that Mr. Gibson was available to answer
any questions.
Councilman Crites moved to waive further reading and adopt Resolution No. 97-71. Motion was
seconded by Spiegel and carried by unanimous vote.
B. RESOLUTION NO. 97-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A STREET NAME CHANGE FOR A
PORTION OF DESERT SPRINGS DRIVE TO DESERT WILLOW DRIVE.
Mr. Folkers stated that this matter had been advertised as a public hearing and had been
inadvertently placed on the Agenda in the wrong place.
Councilman Spiegel moved to continue this matter to the 7:00 p.m. portion of the Agenda inasmuch
as the matter was legally advertised as a public hearing. Motion was seconded by Crites and carried by
unanimous vote.
VII. ORDINANCES
For Introduction:
A. ORDINANCE NO.850 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING SECTION 1.04.095 TO THE CODE OF THE
CITY OF PALM DESERT, CALIFORNIA, RELATING TO FEES FOR ABATEMENT
NUISANCES.
Mr. Erwin noted the memorandum in the packets and stated that this was to add a new section
to the Municipal Code concerning the award of attorney fees in abatement matters,
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administrative proceedings, or special proceedings. He added that this was a result of an
amendment to the Government Code Section 38773.5, effective January 1, 1997.
Councilman Crites moved to waive further reading and pass Ordinance No. KO to second reading.
Motion was seconded by Spiegel and carried by unanimous vote.
For Adoption:
A. ORDINANCE NO. 846 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING THE PALM DESERT ZONING
ORDINANCE BY CHANGING THE ZONE FROM R-1 13,000 TO OFFICE
PROFESSIONAL FOR PROPERTY LOCATED AT 44-835 DEEP CANYON, Case No. C/Z
97-7 (Andrew Pierce/Gary Lohman, Applicants).
Mr. Diaz noted that there had been no chances since introduction of this ordinance, and he
recommended its adoption.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 846,. Motion was
seconded by Benson and carried by unanimous vote.
B. ORDINANCE NO. 84a - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING THE PCD TEXT FOR "THE CREST" FOR
A MAXIMUM OF 151 UNITS, Case No. C/Z 90-12 Amendment #1.
Mr. Erwin noted that Ordinances 848 and 849 both dealt with the Crest project. He said he
was still working on the language for the agreement and had not been able to complete it. He
asked that Council continue both ordinances for two weeks.
Councilman Crites moved to continue this matter to a time uncertain. Motion was seconded by
Spiegel and carried by unanimous vote.
C. ORDINANCE NO. 849 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR
A MAXIMUM 151 UNIT PROJECT KNOWN AS "THE CREST", Case No. C/Z 90-12
Amendment #1 Development Agreement.
Councilman Crites moved to continue this matter to a time uncertain. Motion was seconded by
Spiegel and carried by unanimous vote.
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VIII. NEW BUSINESS
A. REQUEST FOR CONSIDERATION OF MODIFICATION TO THE PALM DESERT
RESIDENT CARD POLICY.
Mr. Diaz noted the report in the packets and stated that Mr. Wohlmuth was available to answer
any questions.
Councilman Spiegel how this would be enforced.
Mr. Wohlmuth responded that the Parks and Recreation District administers the program and
will work with the City. He said primarily what they would request would be either four
months of utility bills or a combination of utility bill and driver's license. He said the problem
with the resident card has been that many people can bring in a rental agreement of 31 days and
get a resident card. When this was brought to the Council, staff was asked to look at this issue,
bring it to the Golf Committee, and bring back a recommendation in later summer. He said
several options were considered, including doing what San Diego does and use solely a driver's
license with a City address shown on said license. The issue in Palm Desert of utilizing a
driver's license was that in California it is acceptable to drive on California roads with an out
of state driver's license, and many of our residents can legally drive in Palm Desert with an
out of state license. The Committee then looked at any method that would get us to a 160 days
worth of proof of residency in Palm Desert, and the only way it thought this could be done was
with four months of utility bills.
Councilman Spiegel stated that it was his understanding that at this point in time, approximately
45 % of the players are residents, with approximately 55 % nonresidents. Mr. Wohlmuth
agreed. Councilman Spiegel asked how many people staff and the Committee were not being
copacetic on this. Mr. Wohlmuth responded that the figure was anywhere from 10% to 20%.
Councilman Spiegel said the Council needed to consider whether the City was willing to arouse
the wrath of those citizens who do not have four months of utility bills in order to have that
10% conform.
Councilman Crites asked what would happen if citizens to do not have four months of utility
bills because they have thrown them away after they are paid. He also asked what would be
done for people who live in Palm Desert but do not get utility bills. Mr. Wohlmuth responded
that there were other options that could be used, such as rental agreements.
Councilman Spiegel moved to continue this item and direct staff to come back with a
recommendation that does not include four months of utility bills for identification.
Mr. Diaz suggested to Mr. Wohlmuth that the words "or other documentation to demonstrate
residency more than four months" be added to the requirement. He said this way the utility
bills would be an example of that documentation.
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Mr. Wohlmuth stated to make this as easy as possible, one way would be that a majority of
residents will have a California driver's license with a Palm Desert address and a utility bill.
That would be the primary proof of residency; otherwise, they would have to provide four
months proof that they live in Palm Desert. That could be a rental agreement, four months of
utility bills, lease agreement, property tax bill, etc.
Councilman Spiegel moved to, by Minute Motion, approve the four months proof of residency
modification in concept and direct staff to work out the details of what constitutes proof of residency and to
also come back to the Council in about three months after the policy is put into affect and report on the
amount and kind of opposition that has come about as a result of the policy. Motion was seconded by Snyder
and carried by unanimous vote.
B. REQUEST FOR APPROVAL OF AN EXCEPTION TO THE SIGN ORDINANCE TO
PERMIT 24-INCH HIGH LETTERS ON TWO INDIVIDUAL AWNINGS FOR PROPERTY
LOCATED AT 73-255 EL PASEO, Case No. 4870 SA (Curtis Shupe for Troy Boutique,
Applicant).
Mr. Drell noted the staff report in the packets and offered to answer any questions.
Upon question by Councilman.Spiegel, Planning Technician Martin Alvarez responded that the
Architectural Review Commission had determined that 24-inch letters did not blend
aesthetically with the building and would not be in keeping with the 8-inch maximum allowed
by the City's ordinance.
MS. ROSEMARIE TROY, Applicant, addressed the Council and said they had changed the
letters from 24 to 18. She said the reason why the lettering had to be larger was because they
are going over a doorway. In addition, the new shop going in will house one of the foremost
American designers, David Hayes. She said the Architectural Review Commission had deemed
that the 24-inch letters did not aesthetically blend with the building. She said she had a
problem with the use of the word "aesthetically" and that "aesthetics" was the study of beauty,
and this is a beautiful store. She said Picasso is aesthetically pleasing to someone and a Grant
Woods is aesthetically pleasing to someone else. She showed Council photos of all the signs
along El Paseo that violated the City's ordinance, not in the matter of one letter, but in the
matter of design, color, fading, etc. She asked that she be allowed to place over the doorway
entrance to the two stores the names that are well -respected in the fashion industry and will
bring honor to the street, just as the large name of Saks is going to go up.
MR. BOB FEENEY, Rosemarie Troy's partner, addressed Council and stated he felt it would
be in the best interest of El Paseo to make an exception to the sign ordinance for this store.
Mr. Drell noted that staff had received a fax today showing 18-inch high letters, and staff
would not be averse to accepting the 18-inch letters.
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Councilman Spiegel stated that the City was glad Troy was in Palm Desert and on El Paseo.
He said he had driven up and down El Paseo and felt the ordinance needed to be looked at.
He said there were many areas not in compliance with Code and that his recommendation was
to send this back to the Architectural Review Commission, show the pictures without the
stipulation of the eight inches, and see what it would recommend back. He said he felt if the
Commission looked at what was trying to be accomplished, it would come up with larger that
eight -inch letters. He added that he agreed that over the door it might be very appropriate to
have larger letters.
Councilman Crites stated that he would be willing to send this back to the Commission if the
applicants had a different application. He said he had high confidence in a 4-0 decision by the
Commission and that there were reasons why variances were both given and not given. He
said if the applicant wished to submit something smaller than what was originally proposed,
he would move to send this back to the Commission and allow it to consider that new
application without any prejudice either pro or con.
Councilman Spiegel moved to, by Minute Motion, send this matter back to the Architectural Review
Commission without prejudice. Motion was seconded by Crites and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF CITY OF PALM DESERT YEAR 2010 STRATEGIC
PLAN GOALS AND OBJECTIVES.
Mr. Wohlmuth reviewed the staff report and recommendation and offered to answer any
questions.
Councilman Crites moved to, by Minute Motion, approve the Palm Desert Year 2010 Strategic Plan
goals and objectives. Motion was seconded by Spiegel and carried by unanimous vote.
D. REQUEST FOR AWARD OF CONTRACT FOR EMERGENCY VEHICLE PRE-EMPTION
SYSTEM, Project 558-97 (Contract No C12920).
Mr. Diaz noted the staff report in the packets and stated that Mr. Folkers was available to
answer any questions.
Councilman Crites moved to, by Minute Motion: 1) Award Contract No. C12920 to Sierra Pacific
of Riverside, California, for the installation of the Emergency Vehicle Pre-Emption System in the amount of
$59,043.00 plus a ten percent contingency in the amount of $5,904.30; funds are available from Account No.
213-4270-422-4001; 2) authorize the Mayor to execute the agreement. Motion was seconded by Spiegel and
carried by unanimous vote.
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E. REQUEST FOR AWARD OF CONTRACT FOR TRAFFIC SIGNAL AT PORTOLA
AVENUE AND MAGNESIA FALLS DRIVE, PROJECT NO. 556-97 (Contract No.
C12940).
Mr. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer
any questions.
Councilmember Spiegel moved to, by Minute Motion: 1) Award Contract No. C12940 to Lekos
Electric, Inc. of El Cajon, California, for the installation of the traffic signal at Portola Avenue and Magnesia
Falls Drive in the amount of $129,329.00 plus a ten percent contingency in the amount of $12,932.90; funds
are available from Account No. 234-4273-422-4001; 2) authorize the Mayor to execute the agreement.
Motion was seconded by Benson and carried by unanimous vote.
F. REQUEST FOR AWARD OF CONTRACT FOR GERALD FORD DRIVE EXTENSION,
PROJECT NO. 677-96 (Contract No. C13230).
Mr. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer
any questions.
Councilman Spiegel asked that staff address the issue of prevailing wages.
Mr. Folkers stated that staff felt proceeding with this project would cause development along
this area to accelerate, which will be economically beneficial for the City. He noted that this
would provide a link on Gerald Ford from Portola to Cook Street.
Councilmember Benson stated that she would prefer to wait on this until after the election. She
added that development will not occur until there is a sign ordinance for that area, and that will
not happen for another six months.
Mr. Folkers noted that all property on Gerald Ford from Monterey to Portola and about 3/8
of a mile south of Gerald Ford on Portola do not have sewer at this time, and sewer will be
provided as part of this project. He also stated that there would be a benefit traffic -wise as well
since this is the east end of the mid -valley parkway. He added that bids are good for only 60
days.
Councilman Crites suggested that this matter be continued for two weeks to see what staff finds
out regarding prevailing wages and the charter city issue as discussed earlier in the meeting.
Councilman Crites moved to continue this matter to the meeting of September 11, 1997. Motion was
seconded by Spiegel and carried by unanimous vote.
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G. REQUEST FOR APPROVAL OF CIVIC ARTS/AIPP COMM' i i rt ARTWORK --
RECOMMENDATION.
Mr. Nagus reviewed the staff report and distributed photos of the proposed artwork.
Upon question by Councilman Spiegel relative to vandalism of the piece of art, Mr. Ware
responded that the only thing that could be done if that were to happen would be to spray paint
the artwork.
Councilman Crites moved to, by Minute Motion, approve AIPP and Civic Arts recommendation for
Ms. Terry Harris to commission Bill Ware to create an artwork for the Sunlife Medical Building. Motion was
seconded by Spiegel and carried by unanimous vote.
H. REQUEST FOR APPROVAL OF HIGHWAY PROGRAM FOR PAINTING LIZARDS ON
INTERSTATE 10.
Mr. Diaz noted the staff report in the packets and stated that Mr. Nagus was available to
answer any questions.
Councilman Crites moved to, by Minute Motion, approve an agreement with Caltrans to utilize the
Adopt a Highway program to provide for maintenance of painted lizards on the retaining wall along the south
side of the Interstate 10 freeway at Cook Street utilizing Art -In -Public -Places funding (Contract No. C13400).
Motion was seconded by Spiegel and carried by unanimous vote.
I. REQUEST FOR CONSIDERATION OF PROPOSED LEGISLATION RESTRUCTURING
FOR RIVERSIDE COUNTRY TRANSPORTATION COMMISSION (RCTC).
Mr. Diaz noted the report and recommendation in the packets.
Councilman Crites moved to, by Minute Motion, approve the proposed legislation and direct staff
to notify RCTC of the Council's support. Motion was seconded by Spiegel and carried by unanimous vote.
J. INFORMATIONAL TTEMS:
1. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Monterey Avenue
Mr. Folkers updated the Council on the progress of these interchanges.
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2. Progress Report on Retail Center Vacancies
Mr. Drell stated that he had a report but requested that the matter be held for
discussion in closed session due to litigation involved.
3. Second Quarterly Report for the Urban Forester Contract.
Mr. Diaz noted the report in the packets.
IX. CONTINUED BUSINESS
None
X. OLD BUSINESS
A. CONSIDERATION OF FRED WARING DRIVE UTILITY UNDERGROUNDING.
Mr. Diaz noted the staff report in the packets and stated that Mr. Conlon was available to
answer any questions.
Councilman Snyder moved to, by Minute Motion: 1) Authorize approval of Southern California
Edison Company Project No. 67797133, 67105 for the purpose of completing the Fred Waring Drive utility
undergrounding in the amount of $118,458.00; 2) authorize the Director of Finance to appropriate $52,547.07
currently held in Trust Account No. 610-0000-228-4700 for Mr. Lacerte's outstanding obligation for this
project; 3) authorize the Director of Finance to appropriate $8,700.00 from unobligated General Fund reserves
which is the amount of interest earned on the above trust account; 4) authorize the Director of Finance to
appropriate $57,210.93 from unallocated Construction Tax funds for the above project. Motion was seconded
by Benson and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF TRANSIT CAPITAL IMPROVEMENT (TCI)
GRANT.
Mr. Diaz noted the staff report in the packets and stated that Mr. Janes was available to answer
any questions.
Councilman Spiegel moved to: 1) By Minute Motion, authorize staff to use the $42,370.00 TCI grant
to begin work on the environmental impact report, preliminary engineering design work, and the final
engineering design work on an Intermodal Station adjacent to the Town Center Mall; 2) waive further reading
and adopt Resolution No. 97-73 stating Palm Desert's commitment to this project. Motion was seconded by
Snyder and carried by unanimous vote.
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C. REQUEST FOR AWARD OF CONTRACT FOR 1998 COMMUNITY CALENDAR
(Contract No. C13060)
Councilman Crites suggested that the Council go over to the North Wing Conference Room
during the dinner break to look at the proposals submitted.
Following the dinner break, Councilman Crites moved to, by Minute Motion, grant conceptual
approval to staff's recommendation to award the contract for the 1998 Community Calendar to Publicity
Unlimited in the amount of $34,210.63, appoint Mayor Pro Tempore Jean M. Benson as the Council Liaison
to the Calendar Committee, and direct that a report be made at the next City Council meeting relative to new
samples of proposed calendar pages to include comments made by Councilmembers relative to photos, etc.
Motion was seconded by Spiegel and carried by unanimous vote.
D. REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT ASSIGNMENT FOR
"THE RESERVE" TO DEEP CANYON ASSOCIATES LLC.
Mr. Diaz noted the report in the packets and offered to answer any questions.
Councilman Spiegel moved to, by Minute Motion, approve assignment of "The Reserve" development
agreement to Deep Canyon Associates LLC, subject to review by the City Attorney. Motion was seconded
by Crites and carried by unanimous vote.
E. REQUEST FOR APPROVAL OF AN ALLOCATION FOR SOUTHERN CALIFORNIA
EDISON VAULT RELOCATION IN PRESIDENTS PLAZA.
Mr. Diaz stated that Mr. Drell was available to answer any questions.
Councilman Crites moved to, by Minute Motion, allocate $30,000.00 plus a 25 % contingency from
the Presidents Plaza Realignment budget for relocation of an Edison pull box vault. Motion was seconded
by Spiegel and carried by unanimous vote.
XI. REPORTS AND REMARKS
A. CITY MANAGER
1. El Paseo Median
Councilman Snyder moved to add this item to the Agenda. Motion was seconded by Kelly and
carried by unanimous vote.
Mr. Diaz stated that the one bid on this project came in at $95,000, close to 100%
above the estimate of $55,000. He said staff felt part of the reason was that the
electrical work had been combined with the concrete work. He said staff would like
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to reject all bids and go out and rebid the project with some reformulation of the
concrete. He added that staff wanted to have everything completed on El Paseo for
the artwork prior to the November Golf Cart Parade.
Councilman Spiegel moved to, by Minute Motion, reject all bids and direct staff to rebid this project
with some reformulations on the concrete work. Motion was seconded by Crites and carried by unanimous
vote.
2. Bids on Soccer Park
Mr. Diaz noted that the lowest bid on this project came in approximately $300,000
above the estimate, with no local firms bidding. He said this matter will be taken to
the Parks & Recreation Commission and then back to the Council. He said there was
no Council action required at this time.
B. CITY ATTORNEY
Mr. Erwin noted the items listed on the Agenda for Closed Session and requested a Closed
Session at an appropriate time.
1) Report and Action on Items from Closed Session Made at This Meeting.
2) Request for Closed Session
Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
City of Palm Desert v. REFCO Capital Corporation, et al, United States
District Court, Central District, Case No. CV92-7632-RJF
Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
Stull v. Bank of America NT & SA, et al, Superior Court of the State of
California, City and County of San Francisco, Case No. 968-484
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:
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Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1) Property: 44-876 San Benito Circle
Negotiating Parties:
Agency: Philip Drell, Director of Community Development
Property Owner: Cynthia Taylor
Under negotiation: Price Terms of Payment
2) Property: 44-890 San Benito Circle
Negotiating Parties:
Agency: Philip Drell, Director of Community Development
Property Owner: Robert Del Gagnon
Under negotiation: Price Terms of Payment
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Letter from City of Temecula Relative to Selection of a
Representative and Alternate for the League of California Cities Riverside
Division (Mayor Richard S. Kelly).
Councilman Snyder moved to, by Minute Motion, appoint Mayor Kelly as the City of Palm Desert's
representative and Councilman Snyder as the alternate for the League of California Cities Riverside Division.
Motion was seconded by Benson and carried by unanimous vote.
2. Consideration of Request from Joslyn Senior Center for $15,000.00 for
Addition (Councilman Walter H. Snyder).
Councilman Snyder stated that the Senior Center was trying to create an art
center which would be a continuation of the present building. He said it would
cost about $87,000 to build the art center, and to get the proper cabinets in as
well as a kiln would run about $100,000. He said the Senior Center had come
to the City some time ago and requested assistance; however, the Council
determined it really didn't want to do so and wanted instead for the Senior
Center to go out and try to get monies other than from the three cities. The
Senior Center ended up receiving an offer of $25,000 from one source, plus
$15,000 from Indian Wells. He noted he had a letter indicating that if Rancho
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Mirage would commit $15,000 each to this program, Mr. Joslyn would cover
the remaining $30,000.
Councilman Snyder moved to, by Minute Motion, authorize an expenditure of $15,000.00 to assist
the Joslyn Senior Center with the addition of an art center. Motion was seconded by Crites and carried by
unanimous vote.
o City Council Committee Reports:
1. Economic Partnership
Mayor Kelly stated that the Economic Partnership had been offered the City's
501(c)3 and project for fuel cell research center. He asked Mr. Shillcock to
explain this.
Mr. Shillcock stated that as instructed, the offer was made to the Economic
Partnership. They reviewed all aspects of it and at their Board meeting of
August 11 indicated they appreciated the offer but did not feel it was appropriate
at this time for them to assume that corporate shell. At that meeting there were
representatives from Sunline Services Group, and they saw considerable value
to having that corporate shell operate in the Valley and, consequently,
presuming that their might be an offer from the City, at their Board meeting
yesterday they agreed to accept the corporate shell from the City under certain
conditions if the City were to offer that shell to them. He said it appeared this
would be a win/win situation. He said there were costs involved to the City in
dissolving the corporation, and Sunline had indicated a willingness to help pay
the costs of transferring instead of dissolving. He said if Council gives staff
direction, staff will negotiate those points and come back at the next meeting.
Councilman Spiegel asked what staff was talking about in terms of dollars. Mr.
Shillcock responded that indications by Sunline were that filing the forms would
be in the neighborhood of $8,000 to $10,000. Sunline indicated they would be
willing to pay $2,5000 +/- of that amount
Mayor Kelly stated that no Council action was needed at this time and that the
matter would be brought back for Council consideration at a later time.
Mr. Shillcock stated that staff would bring this matter back to the next meeting
inasmuch as there is a need to move along because of the requirement to file for
tax exemption.
2. Councilman Spiegel asked that staff look at the City's sphere of influence on the
west side of Highway 74 and the possibility of annexing that area to the City.
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He said the City will not have control of any of the building in that area if it
does not annex it. He added that this was the last developing area for the City,
and he asked that staff look at the entire sphere of influence, not just the Crest,
and whether or not we should annex that area. Council concurred.
Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council, Mayor Kelly
adjourned the meeting to Closed Session at 6:10 p.m. He reconvened the meeting at 7:00 p.m.
XII. ORAL COMMUNICATIONS - B
None
XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Old Business Item C was held over to the 7:00 p.m. portion of the meeting. Please see that portion
of the Minutes for Council discussion and action.
XIV. ORAL COMMUNICATIONS - C
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
XVI. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-1 (RESIDENTIAL) TO
OFFICE PROFESSIONAL AND A PRECISE PLAN TO ALLOW THE CONVERSION OF
A 1,581 SQUARE FOOT RESIDENCE INTO AN OFFICE LOCATED AT 44-835 DEEP
CANYON, Case Nos. C/Z 97-7, PP 97-7 (Andrew Pierce Corporation/Gary Lohman,
Applicant), Continued from Meeting of June 26, 1997.
Mr. Drell stated that the Council had already dealt with the ordinance which had already gone
to public hearing. He said this was something that needed to be included on the Agenda but
that no action was required by the Council.
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B. CONSIDERATION OF APPROVAL OF A GENERAL PLAN AMENDMENT FROM
MEDIUM DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL AND CHANGE OF
ZONE FROM R-1 13,000 TO urri-z PROFESSIONAL (O.P.) FOR FOUR PROPERTIES
LOCATED ON THE WEST SIDE OF DEEP CANYON ROAD, STARTING 217 FEET
NORTH OF ALESSANDRO DRIVE, CaseNos. GPA 97-5 and C/7 97-10.
Mr. Steve Smith reviewed the staff report and offered to answer any questions.
Mayor Kelly declared the public hearing Open and invited testimony in FAVOR of or OPPOSED to
this request. No testimony was offered, and he declared the public hearing closcd.
Councilmember Benson moved to: 1)Waive further reading and adopt Resolution No. 97-74
approving General Plan Amendment 97-5; 2) waive further reading and pass Ordinance No. 851 to second
reading approving Change of Zone 97-10. Motion was seconded by Spiegel and carried by unanimous vote.
C. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING A REQUEST BY MR. RICK MURO AND DR. PETER GREENBERG FOR
A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A 22,000 SQUARE
FOOT HEALTH CLUB AND FUTURE BEER AND WINE LICENSE IN THE VACANT
INDUSTRIAL BUILDING AT 74-824 LENNON PLACE, Case No. CUP 97-10 (Paul Lupo,
Appellant) .
Mr. Diaz noted that the appeal had been withdrawn and that the City Attorney indicated no
action was required by the Council.
D. REQUEST FOR APPROVAL, OF A GENERAL PLAN AMENDMENT FROM OFFICE
PROFESSIONAL TO DISTRICT COMMERCIAL, A CHANGE OF ZONE FROM OFFICE
PROFESSIONAL (O.P.) TO DISTRICT COMMERCIAL (PC2), PRECISE PLAN OF
DESIGN FOR A 125,000 SQUARE FOOT RETAIL COMMERCIAL CENTER,
AMENDMENT TO THE EXISTING DEVELOPMENT AGREEMENT AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR AN
11.95 ACRE SITE AT THE SOUTHWEST CORNER OF EL PASEO AND HIGHWAY 111,
Case Nos. GPA 97-3. C/Z 97-9. PP 97-9 (Lowe Enterprises Commercial Group, Inc.,
Applicant).
Mr. Diaz stated that staff recommended continuing this matter to the meeting of September 25,
1997, to permit the DDIA and Redevelopment issues to catch up with this process. He said
that would also require a public hearing, so the Council would hear everything at once. He
said rather than hear the staff report this evening, staff recommended continuing it to
September 25, 1997.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request.
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A gentleman addressed the Council and stated he agreed that individuals should reserve
anything they have to say until a later time. He said that on behalf of the people at Sandpiper,
he wondered it the matter could be continued to a later date than September 25, 1997, because
a lot of their residents are out of town. He asked if it could be continued until some time in
October.
Mayor Kelly asked the applicant if this would be acceptable to him.
MR. TED LENNON stated that he would prefer that the matter not be put off any longer than
necessary.
The following individuals also requested that the matter be continued to October:
MR. ANDRES DOVES
MS. SANDY HOGUE, President of Sandpiper Homeowners Association
MR. C.J. McLUCAS noted that he had submitted a letter to the Council and stated that he had
some corrections to make to that letter. He said his letter indicated there would be a need for
maintenance and insurance with regard to the bridge across the wash; however, Mr. Ortega had
advised him that insurance and maintenance are not in the agreement he is working on with the
developer. He said he felt the insurance and maintenance were important issues, and he asked
if he could find out what is happening with those issues between now and the date to which this
matter is being continued. He said a second issue not in the memorandum was the signal at
Painters Path and El Paseo. He said he had heard that the cost would be approximately
$100,000 but did not know who would pay for it and would like to get correct information
about this signal.
Mayor Kelly stated that staff would have those answers for Mr. McLucas.
MR. DAVID SMITH, representing Lowe Enterprises, said he understood the residents' desire
to put this matter off; however, the developer was on a very tight time frame if they wish to
make the next season. He said he felt delaying this beyond September 25th would be crippling
to their efforts. He noted the ICSC meeting in late September is the forum where people have
an opportunity to show what they are working on and make deals. Being able to attend this
meeting on Friday, September 26th and being able to say they had a project was extremely
important in getting this project done. He added that postponing it much further would be
virtually a vote not to do this for at least two years.
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MR. JACK HOOVER spoke as President of Sandpiper 1700 who he said were the most
affected. He said one of their main concerns was traffic in the area. He agreed with other
residents and requested that the matter be postponed until October.
Councilmember Benson moved to continue this matter to the meeting of October 9, 1997.
Councilman Spiegel stated that he felt the Council should consider the issue raised by Mr.
Smith relative to the ICSC meeting in September.
Mayor Kelly seconded Councilmember Benson's motion to continue this matter to October 9, 1997.
Councilman Crites commented that if there is any meting in which there is the lowest
percentage of people in town, this is that meeting. He said September and October bring more
people to town and that approximately ten years ago the Council began doing business as a 12-
month Council, trying to move things out of the middle of the summer for public hearings that
are of import. He said he felt the end of September is the time of year when the City is back
in full swing and that he did not have a problem continuing this matter to the September 25th
meeting.
Councilman Spiegel agreed and said that he felt September 25th would be an adequate date.
Mayor Kelly called for the vote. The motion was defeated by a 2-3 vote, with Councilmen Crites,
Snyder, and Spiegel voting NO.
Councilman Spiegel moved to continue this matter to the meeting of September 25, 1997. Motion
was seconded by Crites and carried by a 3-2 vote, with Councilmembers Benson and Kelly voting NO.
E. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM R-3 (MULTI -FAMILY
RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) FOR TWO LOTS ON THE SOUTH
SIDE OF FRED WARING DRIVE, 396 FEET EAST OF SAN PASCUAL AVENUE, Case
No. C/Z 97-8 (Luis E. Perez, Applicant).
Mr. Steve Smith reviewed the staff report and offered to answer any questions.
Mayor Kelly declared the public hearing ripen and invited testimony in FAVOR of or OPPOSED to
this request. No testimony was offered, and he declared the public hearing closed.
Councilman Crites moved to waive further reading and pass Ordinance No. 852 to second reading,
amending the Palm Desert Zoning Map. Motion was seconded by Benson and carried by unanimous vote.
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F. REQUEST FOR APPROVAL, OF A TENTATIVE PARCEL MAP TO SUBDIVIDE A 28,400
SQUARE FOOT PARCEL INTO TWO, EACH 13,068 SQUARE FEET; REQUEST
INCLUDES AN ADJUSTMENT OF 932 SQUARE FEET TO PERMIT TWO 13,068
SQUARE FOOT LOTS IN THE R-1 14,000 ZONE FOR PROPERTY LOCATED ON THE
SOUTHEAST CORNER OF DE ANZA WAY AND SAN PASCUAL AVENUE, Case No.
TPM 28630, ADJ 97-8 (Palm Desert Redevelopment Agency, Applicant).
Mr. Ortega recommended that the Council concur with the Planning Commission action.
Mayor Kelly asked if a stipulation could be included that if the Council concurs with the
Planning Commission there would be a deed restriction so that the lot is split only on the
condition that houses built there must be at least 2,000 square feet.
Councilmember Benson asked if the Council would want a deed restriction on the property if
it was going to be put up for sale.
Mayor Kelly said he would rather withdraw the split and just sell the property.
Council concurred.
Councilman Crites suggested that this public hearing be opened and that the audience be
advised that at least a majority of the Council are of the opinion that the lot split should be
withdrawn and the property sold as one piece.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request. No testimony was offered, and he declared the public hearing clautd.
Councilman Crites moved to, by Minute Motion, withdraw this application and direct that the parcel
remain as one parcel. Motion was seconded by Snyder and carried by unanimous vote.
NOTE: THE FOLLOWING ITEM ORIGINALLY LISTED ON THE AGENDA UNDER
RESOLUTIONS
G. RESOLUTION NO. 97-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A STREET NAME CHANGE FOR A
PORTION OF DESERT SPRINGS DRIVE TO DESERT WILLOW DRIVE.
Councilman Crites moved to waive further reading and adopt Resolution No. 97-72, approving a
street name change for a portion of Desert Springs Drive to Desert Willow Drive. Motion was seconded by
Spiegel and carried by unanimous vote.
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— XVII. ORAL COMMUNICATIONS - D
None
XVIII. ADJOURNMENT
Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council, Mayor Kelly
adjourned the meeting at 8:50 p.m.
ATTEST:
— . HEILA R. GAN, CIS C7LERK
CITY OF PALM DESERT
RI HARD S. KELLY, MAYOR
25