HomeMy WebLinkAbout1986-08-28MINUTES
ADJOURNED/REGULAR CITY COUNCIL MEETING
THURSDAY, AUGUST 28, 1986
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 4:00
II. PLEDGE OF ALLEGIANCE - Councilman Wilson
III. INVOCATION - Mayor Kelly
IV. ROLL CALL
Present: Excused Absence:
Councilman Walter H. Snyder
Councilman S. Roy Wilson
Mayor Richard S. Kelly
Also Present:
p.m.
Councilmember Jean Benson
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Kirby J. Warner, Director of General Services
Ramon A. Diaz, Director of Community Services
Richard J. Folkers, Director of Public Works
Pat Conlon, Director of Building and Safety
V. CONSENT CALENDAR
A. MINUTES of the Adjourned/Regular City Council Meeting of
August 14, 1986.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. WR0621, WR0719, WR0722, and WR0802
Rec: Approve as presented.
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REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 28, 1986
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C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Iris Tire &
Rubber Co. for El Cafe de Mexico, 73-325 Highway 111,
Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Iris Tire &
Rubber Co. for Cleve's, 74-695 Highway 111, Palm Desert.
Rec: Receive and file.
E. CLAIM AGAINST THE CITY (Claim No. 024) by E. V. Natarajan
In the amount of $432.29.
Rec: Deny the Claim and Instruct the City Clerk to
so advise the Claimant.
F. CLAIM AGAINST THE CITY (Claim No. 025) by Doris Jo
Cordano in the Amount of $500,000.
Rec:
Deny the Claim as not being timely filed and
Instruct the City Clerk to so advise the
Claimant.
G. REQUEST FOR AWARD OF BID for Two -Ton Dump Truck.
Rec:
By Minute Motion, award the bid for the two -ton
dump truck to GMC Truck and Coach in the amount
of $26,830.72.
H. REQUEST FOR AWARD OF BID for Utility Tractor.
Rec:
By Minute Motion, award the bid for the purchase
of a utility tractor for park and street
maintenance to Empire Tractor Company in the
amount of $11,336.70.
I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for Highway 111 Median Landscape Maintenance (Contract
No. 00-151).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for maintenance of
Highway 111 medians between Deep Canyon Road
and 500 feet west of El Paseo/Town Center Way.
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REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING AUGUST 28, 1986
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J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for Drainage Facilities at Portola Avenue and Hovley Lane
(Contract No. 00-152).
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the subject
project.
K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for the Purchase of a Triplex Riding Mower.
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for the purchase of
a triplex riding mower.
L. REQUEST FOR FINAL APPROVAL of Parcel Map 21173.
Rec: - Waive further reading and adopt Resolution No.
86-96, approving Parcel Map 21173.
M. REQUEST FOR APPROVAL to Refund $1,779.30 to S & S
Construction from Fiscal Year 1985/86 Revenues.
Rec:
By Minute Motion, approve the request and
authorize staff to refund $1,779.30 from prior
year's revenues.
N. RESOLUTION NO. 86-97 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING
PROCEEDINGS TO VACATE A PORTION OF RIGHT-OF-WAY KNOWN AS
CATALINA WAY UNDER THE PROVISIONS OF PART 3, DIVISION 9,
OF THE STREETS & HIGHWAYS CODE, AND FIXING A TIME AND
PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING
TO THE PROPOSED VACATION.
Rec: Waive further reading and adopt.
0. CONSIDERATION OF REOUEST from Family YMCA & Youth Center
for Waiver of Inspection Fees and Construction Taxes for
Installation of its temporary facilities in Palm Desert
Park.
Rec: By Minute Motion. approve the request and
direct staff to waive the fees.
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P. REOUEST FOR APPROVAL OF CONTRACT 100-153 for Xerox Copier.
Rec:
By Minute Motion, authorize the Mayor to
execute an agreement (Contract No. 00-153) with
Xerox which will convert the Model 1075 copier
from a rental to a five-year lease -purchase
agreement and replace the existing Xerox 1035
and Pitney Bowes D-350 copiers with two new
Xerox 1025 and 1038 copiers.
Upon motion by Snyder, second by Kelly, the Consent Calendar
was approved as presented by unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
A. RESOLUTION NO. 86-98 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING FUEL
EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM.
Mr. Folkers reviewed the staff report and recommended
approval of the resolution.
Councilman Snyder moved to waive further reading and adopt
Resolution No. 86-98, approving the submission of a California Department
of Transportation (Caltrans) Fuel Efficient Traffic Signal Management
Grant for local governments. Motion was seconded by Wilson and carried
by unanimous vote of the Council.
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 472 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
5.88.090 OF THE CODE OF THE CITY OF PALM DESERT RELATING
TO OPERATION OF ADULT ENTERTAINMENT ESTABLISHMENTS.
Mr. Altman reviewed the staff report and recommendation.
Upon motion by Wilson, second by Snyder, and unanimous vote of
the Council, Ordinance No. 472 was passed to second reading.
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ADJOURNED/REGULAR CITY COUNCIL MEETING
AUGUST 28, 1986
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For Adoption:
A. ORDINANCE NO. 468 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT AMENDING SECTION 25.56.302 TO CHAPTER
25 OF THE PALM DESERT MUNICIPAL CODE. CASE NO. ZOA 86-4.
Mr. Altman reported that this ordinance had been intro-
duced at the last meeting and recommended its adoption.
Upon motion by Snyder, second by Wilson, Ordinance No. 468 was
adopted by unanimous vote of the Council.
B. ORDINANCE NO. 470 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE
OF ZONE FOR 7.2 ACRES ON THE SOUTH SIDE OF COUNTRY CLUB
DRIVE, 1600 FEET EAST OF MONTEREY AVENUE. n
Mr. Altman reported that no input had been received since
introduction of this ordinance.
Upon motion by Wilson, second by Snyder, Ordinance No. 470 was
adopted by unanimous vote of the Council.
C. ORDINANCE NO. 471 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOP-
MENT AGREEMENT SETTING TERMS AND CONDITIONS RELATING TO
THE MANAGEMENT OF A 113 UNIT SENIOR HOUSING PROJECT.
CASE NO. DA 86-5.
Mr. Altman reported that no input had been received since
introduction of this ordinance and recommended its
adoption.
Mayor Kelly stated that Councilmember Benson had requested
clarification of Section 2 on Page 5 relative to the last
sentence: "This agreement in no way restricts or limits
optional care services or charges."
Mr. Diaz responded that this would allow the developer to
provide additional services such as nursing care and
transportation service at a later date if he so wished, as
long as they were designated as optional services.
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ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 28, 1986
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Mayor Kelly suggested that this last sentence be deleted
inasmuch as it was unnecessary.
Upon motion by Wilson, second by Snyder, and unanimous vote of
the Council, Ordinance 471 was adopted as amended.
IX. CONSENT ITEMS HELD OVER
None
X. NEW BUSINESS
A. REOUEST FOR APPROVAL OF SPECIAL SIGN PERMIT FOR RAFFLE'S
HOTEL CONSTRUCTION SITE.
Mr. Diaz reviewed the staff report and recommended
approval of this sign permit subject to building permits
for the hotel being issued prior to erection of the sign.
Councilman Snyder moved to, by Minute Motion, approve issuance
of the sign permit subject to building permits for the hotel being issued
prior to erection of the sign. Motion was seconded by Wilson and
carried by unanimous vote of the Council.
B. CONSIDERATION OF SOUTHERN CALIFORNIA EDISON ENERGY SURVEY
ON CIVIC CENTER.
Mr. Altman reviewed the staff report and recommendation.
Councilman Wilson moved to, by Minute Motion, authorize the
Public Works staff to incorporate Edison's energy management recom-
mendations to the existing Civic Center facilities, thereby reducing
energy consumption. Motion was seconded by Snyder and carried by
unanimous vote of the Council.
C. REOUEST FOR AWARD OF CONTRACT (00-154) FOR COMMUNITY PARK
RESTROOM FACILITY DESIGN.
Mr. Folkers and Mr. John Wohlmuth of the Public Works
Department reviewed in detail the staff reports dated
August 26, 1986, and August 28, 1986, and recommended
that the Council award a contract to Stan Kassovic for
the design of the Community Park restroom facility.
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ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 28, 1986
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Councilman Snyder moved to, by Minute Motion, authorize the
Mayor to enter into a professional services contract #00-154 with Stan
Kassovic, A.I.A. for the design of the Community Park restrooms in the
amount of $5,225 and authorize a ten percent contingency reserve of
$522.50. Motion was seconded by Wilson and carried by unanimous vote of
the Council.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. 45 DAY CONSTRUCTION MORATORIUM FOR NORTH SPHERE AREA.
Mr. Diaz stated that If the Council wished to
extend the construction moratorium for the North
Sphere area beyond the 45 day time period, a public
hearing was required and must be legally advertised,
with all property owners in the area notified of the
hearing. He added that although the Council would
not decide at this meeting whether or not to extend
the moratorium, it was necessary to make a decision
now as to whether or not a public hearing should be
scheduled to consider the extension. He advised that
the consultants felt an extension would be helpful
but did not feel that a year would be necessary.
Councilman Snyder moved to, by Minute Motion, direct staff to
advertise for a public hearing to consider the possibility of an
extension of the construction moratorium for the North Sphere area.
Motion was seconded by Wilson and carried by unanimous vote of the
Council.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session for the purpose of
discussing personnel matters.
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ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 28, 1986
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
1. PALM DESERT HIGH SCHOOL ACCESS ROAD
Councilman Wilson suggested that the new road to the
high school be named in honor of Councilmember
Phyllis Jackson who had passed away in July. He
said that she had put in a lot of hard work to make
the high school a reality and felt something like
"Phyllis Jackson Lane" would be appropriate.
Upon question by Councilman Snyder, Mr. Erwin
responded that he could see no problem with the
Council taking this action.
After further discussion, Councilman Wilson moved to, by
Minute Motion, direct staff to proceed with naming the new road to the
high school "Phyllis Jackson Lane". Motion was seconded by Snyder and
carried by unanimous vote of the Council.
2. STARTING TIMES FOR CITY COUNCIL MEETINGS
Councilman Wilson stated he felt the starting time for
Council meetings should be changed since the Agendas have
been light.
Councilman Wilson moved to, by Minute Motion, change the
starting time for City Council meetings from 4:00 p.m. to 4:30 p.m.
Motion was seconded by Snyder and carried by unanimous vote of the
Council.
3. Councilman Snyder stated he had received telephone calls
and visits from residents the night before regarding the
Portola Storm Drain and asking how long the streets were
going to be torn up. He also reported that the water had
been turned off that same evening from dinner time until
early in the morning.
Mr. Folkers responded that he had met that morning with
the contractor, the superintendent, and the resident
engineer for the project regarding some of these concerns.
They will be installing some temporary paving so that
people will not have so much dirt and dust to travel
through.
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ADJOURNED/REGULAR CITY ..OUNCIL MEETING - AUGUST 28, 1986
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Mayor Kelly added that a large sign will be put up which
will explain the project and will also ask citizens to be
patient and understanding.
XIV. ORAL COMMUNICATIONS - 8
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
It was Council's concurrence that these items would be
considered prior to the dinner recess as there was sufficient
time to do so.
A. CONSIDERATION OF APPOINTMENTS to Palm Desert Advertising
& Promotion Committee.
Councilman Wilson stated he agreed with the recommendation
from the Membership Subcommittee of the Advertising &
Promotion Committee (on file and of record in the City
Clerk's Office). He added that this subcommittee had
done a good job in selecting the individuals recommended.
Mayor Kelly stated that he had received a call from one
applicant who wondered why he had not been interviewed.
He added that this applicant was a representative of the
news media.
Councilman Wilson responded that perhaps the Membership
Subcommittee had interviewed only applicants in certain
fields which were not already represented on the
Committee. He added that the Committee currently has
several representatives in the same field as the applicant
mentioned by Mayor Kelly.
Councilman Wilson moved to, by Minute Motion: 1) Appoint Ms.
Carol Whitlock, Mr. Bruce Romjue, Mr. Terry Green, Ms. Marilyn Delaney,
and Mr. Michael Grossman for three year terms; and 2) Appoint Mr. Kendale
Trahan for two years to fill the vacancy created by the resignation of
Mr. Joe Gibbs. Motion was seconded by Snyder and carried by unanimous
vote of the Council.
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AUGUST 28, 1986
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B. CONSIDERATION OF APPOINTMENTS to Palm Desert Planning
Commission to Fill Vacancies Created by Expiration of
Terms of Bob Downs and Ralph Wood.
Councilman Snyder stated that he had spoken with
Commissioners Bob Downs and Ralph Wood relative to
whether or not they wished to continue serving on the
Palm Desert Planning Commission. Mr. Downs had indicated
that he was willing to serve another four years; however,
Mr. Wood had indicated that he felt it was time for him
to step down and rest for a time.
Councilman Snyder nominated Mr. Bob Downs and Ms. Carol
Whitlock to fill the two vacancies.
Councilman Wilson stated he supported these nominations.
He said he felt Mr. Downs had done an outstanding Job and
that Ms'. Whitlock would add a new dimension to the
Commission. He said that Ms. Whitlock would bring to
the Commission a woman's point of view which had been
missing for several years and would also bring a business
point of view from the resort industry that is important
for the City.
Upon motion by Snyder, second by Wilson, and unanimous vote of
the Council, Mr. Bob Downs and Ms. Carol Whitlock were appointed to the
Palm Desert Planning Commission for terms of four years.
C. CONSIDERATION OF APPOINTMENTS to Parks & Recreation
Commission to Fill Vacancies Created by Expiration of
Terms of Doloris Driskel and John Marman.
Upon question by Mayor Kelly, Mr. Diaz responded that he
believed Ms. Driskel and Mr. Harman would be willing to
continue serving on this commission but that they had not
been formally contacted.
Mayor Kelly stated he felt no appointment should be made
until both Individuals had been contacted.
Upon motion by Snyder, second by Wilson, this item was
continued to the meeting of September 11, 1986, by unanimous vote of the
Council.
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AUGUST 28, 1986
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0. CONSIDERATION OF APPOINTMENTS to Building Board of
Appeals 8 Condemnations to Fill Vacancy Created by
Expiration of Term of Paul White.
Mrs. Gilligan stated she had been advised by the Building
Department that Mr. White was willing to serve an
additional five years on this board.
Upon motion by Wilson, second by Snyder, and unanimous vote of
the Council, Mr. Paul White was reappointed for a five-year term on the
Building Board of Appeals 8 Condemnations.
Upon motion by Wilson, second by Snyder, and unanimous vote of
the Council, Mayor Kelly adjourned the meeting at 5:00 p.m. to Closed
Session for the purpose of discussing personnel matters. He reconvened
the meeting at 5:30 p.m. with no action taken or announced and
immediately recessed for dinner. The City Council meeting was reconvened
at 7:00 p.m.
1 XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
These items were considered and action was taken prior to
the 6 p.m. recess.
XVIII. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION OF A PROPOSED "ART IN PUBLIC
PLACES" ORDINANCE AND RELATED DEVELOPMENT FEE.
Mr. Altman stated that before he made his presentation he
would like to point out to the City Council that he would
recommend that any action on this ordinance be continued
to the Council meeting of September 25. This request was
made to allow staff and the City Attorney some additional
time to work on clarification of wording as well as
specific terms for payment of the fee, where, and when.
He continued by stating that at budget preparation time
and based on the recommendation of the 2000 Committee,
this particular subject was referred to the Civic Arts
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ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 28, 1986
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Committee to let them come forward with an ordinance. He
noted that the members of the Committee had worked very
diligently to do Just that. He said that while the
ordinance itself was a very well prepared one, it did
need some fine tuning, and he again recommended that the
Council continue any action on it until its second
meeting in September.
Mayor Kelly declared the public hearing open and invited
testimony either in FAVOR of or AGAINST the proposed ordinance.
MR. ALEX YARON, Chairman of the Civic Arts Committee,
addressed the City Council and said that the members of
the Committee had spent a great deal of time reviewing
ordinances from other cities in the State who have
adopted similar types of programs. He said they reviewed
countless pages of information about these programs so
that they could be well versed in what approach the City
of Palm Desert should take. He said that the Committee,
as a whole, was very much in support of the Councfl's
adoption of this ordinance and the program. He added
that historically these kinds of programs have worked to
increase property values as well as the image of the city
they are in. He said that Palm Desert has a terrific
image and that this program would only enhance that
image.
Councilman Snyder stated that the entire City Council
appreciated all the efforts of the Committee. He said
that if we are indeed to be "the city" in the valley,
these are the things we need to do. He commended the
Committee and its efforts.
Mayor Kelly invited input in OPPOSITION to the ordinance.
MISS EILEEN BROWN, Executive Director of the Building
Industry Association, spoke not in opposition to the
program but in opposition to yet another fee for
developers. She reviewed specific points of opposition
as outlined in her letter of August 28, 1986, to the City
Council (attached hereto and made a part hereof as
Exhibit "A").
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ADJOURNED/REGULAR CITY COUNCIL MEETING
AUGUST 28, 1986
•
• With no further testimony offered, Mayor Kelly declared the
public hearing closed.
Councilman Snyder moved to continue this item to the meeting
of September 25, 1986. Motion was seconded by Wilson and carried by
unanimous vote.
8. REQUEST FOR CONSIDERATION OF LOT ABATEMENT CHARGES.
Mr. Altman stated that these were charges associated with
the C i ty' s having to go in and clean private property
which was a threat to public health and safety. At the
recommendation of Acting Director of Code Enforcement,
Mr. Altman stated that Parcel Number 625-061-020-4 in the
amount of $396.15, Parcel Number 625-061-018-4 in the
amount of $62.50, Parcel Numbers 625-100-015-0 and
625-100-016-1 in the amount of $12,017.23, and Parcel
Number 625-100-004-0 in the amount of $3,072.05 should be
removed as the property owners had paid their assessments.
Mayor Kelly declared the public hearing open. He invited
testimony in FAVOR of or OPPOSED to this request, and none was
offered. He declared the public hearing closed.
Upon motion by Wilson, second by Snyder, Resolution No. 86-99
as amended was adopted by unanimous vote.
C. REQUEST FOR CONSIDERATION OF APPEAL BY DESERT CITIES
BAPTIST CHURCH TO CERTAIN CONDITIONS IMPOSED ON A DECISION
OF THE PLANNING COMMISSION APPROVING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF
DESIGN TO ALLOW CONSTRUCTION AND OPERATION OF A CHURCH
FACILITY (AND USE OF TEMPORARY MODULAR STRUCTURE FOR
CHURCH SERVICES) ON FIVE GROSS ACRES IN THE PR-5 ZONE
(PLANNED RESIDENTIAL, MAXIMUM FIVE DWELLING UNITS PER
ACRE), LOCATED ON THE EAST SIDE OF PORTOLA AVENUE,
APPROXIMATELY 660 FEET NORTH OF COUNTRY CLUB DRIVE.
Mr. Diaz reviewed the staff report and recommendations.
He said that condition #1 dealt with drainage and
signalization fund fees and that the appellant had
requested that the drainage fees be waived because they
are a nonprofit organization. He said this type of
waiver has not been granted to religious organizations
and other churches that have developed before and in fact
they were required to pay the appropriate fees.
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He indicated that the appellant was also appealing
condition #9 which dealt with the installation of an
eight foot meandering sidewalk on Portola Avenue. He
said the appellant was requesting that a straight sidewalk
be installed instead. He noted that it was staff's
feeling that a meandering sidewalk would be preferable
inasmuch as it looked better and that staff was unaware
of any particular hardship involved with the installation
of the meandering sidewalk versus a straight one. He
added that a sidewalk adjacent to the street would be
traffic prone, and staff continued to recommend the
condition of a meandering sidewalk.
Mr. Diaz went on to note that the appellant was also
opposing the imposition of condition #ll which dealt with
a one-half landscape median on Portola Avenue or cash
payment for one-half the cost of the landscape median at
the option of the Director of Public Works. He said that
the condition goes on to read that if it is determined
to be unfeasible, the City shall refund the bond after a
two-year period. Mr. Diaz noted that the General Plan
does not currently show a landscape median on Portola.
However, he noted that the City is currently undertaking
a specific plan for that whole area and in the event that
the consultants recommend this type of median, staff felt
that the City should be prepared to have property being
developed now conditioned to the point where they would
have to participate at such time as that decision was
made. He concluded his remarks by stating that in
summary, staff would recommend that the City Council
affirm the decision of the Planning Commission by adopting
Resolution No. 86-100 denying the appeal.
Upon question by Mayor Kelly, Mr. Diaz responded that
this particular applicant was affected by the moratorium
currently in effect in the North Sphere.
Mayor Kelly noted that the streets currently under
construction in the North Sphere, such as Frank Sinatra
Drive and Gerald Ford Drive, would have landscape medians.
Mayor Kelly declared the public hearing open and invited
testimony from the applicant.
AL BRUN, Pastor of the Desert Cities Baptist Church,
addressed the Council. He stated that with regard to
condition ##1 and the drainage and signalization fees that
were being required to be paid prior to the building
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permit and grading permit issued, it was a hardship to
pay this in advance. He said that all they were asking
is for the Council to give them a one-year extension for
this payment. He said that if it had to be paid prior to
the grading, it was an astronomical amount of money that
they would have to come up with inasmuch as they were
trying to use as much of their building fund as possible
to construct the church itself and to landscape it. With
regard to condition #9 and the meandering sidewalk, he
said that he felt that this type of sidewalk would cut
into their land which was needed for a parking lot and
said that if it was in fact to be put on publ i s
right-of-way, then they would have no objection.
Mr. Folkers advised that the meandering sidewalk would in
fact be constructed in the public right-of-way and would
not, therefore, impact the amount of land for parking.
Paster Brun stated with regard to the median that if the
City Council decided that it did in fact want a landscape
median on Portola, then the church would be willing to
pay this fee. In the meantime, however, the church was
being asked to post a bond for this cost for a maximum of
a two-year period, and he pointed out that these bonds
were extremely expensive. He said that at one point when
the church needed a bond for something else, they had
gone to an insurance company, which made them place an
equal amount of money into a trust account which was then
held as collateral for the bond. He said it was almost a
no win situation and he asked if there was any other
solution other than a bond.
Mayor Kelly invited testimoney in OPPOSITION to the appeal,
and none was offered. He declared the public hearing closed.
Councilman Wilson asked the City Attorney whether or not
there was another way the church could guarantee the
installation of this landscape median in the future
without having to come up with a bond --was there another
means of compliance?
Mr. Erwin responded that there were other alternatives
available, but he felt that as a practical matter they
would create the same kinds of problems for the church.
He said that when Council deferred payment of any or part
of something for a period of time the concern that he had
was looking to protect the City and assure that it is
going to come in at that period of time regardless of all
15
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ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 28, 1986
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good intentions now. He said that there might be
circumstances that could change over a two-year period of
time and he would prefer to have a letter of credit as
security for that. He did note that in another case, the
City had required a lien against the property or a lien
against the deed of trust. He said that if it was
Council's decision to follow those same lines as in the
past, he could find a way that will not cost them a bond
premium but that it will create some other potential
problems.
Upon question by Mayor Kelly, Mr. Folkers responded that
with extensive activity in grading taking place, it can
create significant problems for the City as far as
drainage. If we have not collected money up front, then
these drainage problems must be resolved at taxpayers'
expense.
Upon further question by Mayor Kelly, Mr. Folkers
responded that the drainage fees amounted to $24,000.
Mayor Kelly reopened the hearing and asked the appellant his
reaction to a lien against the property versus a bond at this
time.
Pastor Brun stated that they would much prefer a lien
inasmuch as they did not know whether or not they could
afford the premium on a bond. The Pastor also asked
whether or not it was true that it is no longer City
policy to collect this drainage fee at building permit
stage.
Mr. Folkers responded that it had always been collected
at the time the grading permit was issued and that the
fee would be for all five acres at this point.
Mayor Kelly closed the public hearing.
Councilman Snyder stated that it was the intention of the
City Council and the City to find ways to help people.
He said that we had to work for the entire City, however,
and the minute the City tried to help one individual area
or person, it came back to haunt us.
Councilman Wilson stated that with respect to condition
##I, it was the way it had to be. With regard to condition
#9 and the meandering sidewalk, it was apparent tnat this
was not a problem for the applicant inasmuch as the
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• • • • • • • • • • • • • • • • • • • • • • • • • •
sidewalk would be in the public right-of-way and not
interfering with the appellant's parking lot. With
regard to condition #11, he suggested that the City
Council direct the City Attorney to prepare a document
authorizing the granting of a lien which would protect
the City for a two-year period of time. He suggested
possibly condition #11 be reworded to add, after the word
"payment": "or other said security at the option of the
Director of Public Works".
Upon motion by Snyder, second by Wilson, Resolution No. 86-100
was adopted by unanimous vote, with condition #11 being amended to
include the wording suggested by Councilman Wilson.
XIX. ORAL COMMUNICATIONS - D
MR. SANDY BAUM, 45-800 Deep Canyon Road, said that ever since
the mural in the Council Chamber had been hung, the City
Council, City -staff, and members of the public had complained
that it was not finished. He asked why nothing had been done
to get in touch with the artist to get him in to finish it.
Mrs. Gilligan responded that great attempts had been made to
contact Mr. Bill Ware relative to his coming in and finishing
the right hand side of the mural. She said that in fact she
had spoken with him a week previous and that he felt that the
mural, in his artistic opinion, was in fact completed and he
had no intention of coming and adding anything to it.
Councilman Snyder added that he, too, had made personal
contact with Mr. Ware when he was Mayor and had received the
same response. It was suggested that maybe Mr. Baum, as a
member of the general public of the City of Palm Desert, might
try to contact Mr. Ware to see how successful his attempts
might be.
Mayor Kelly stated that Mr. Stan Haas, Engineer for the
Bechtel Corporation, had approached him after the 4:00 p.m.
session relative to the need for some type of a walkway on the
Cook Street wash. He said Mr. Haas was concerned about
pedestrian safety, particularly with the opening of the High
School.
Mr. Altman stated that staff was meeting with the City of
Indian Wells next week and he would approach them on the
subject and see if some mutual program might be undertaken to
address this problem.
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XX. ADJOURNMENT
Upon motion by Wilson, second by Snyder, and unanimous vote of
the Council, Mayor Kelly adjourned the meeting at 7:50 p.m. to 4:30 p.m.
on Thursday, September 11, 1986, noting that the City Clerk would not be
in attendance at that meeting because she would be on vacation but would
be sorely missed.
ATTEST:
et.24/
SHEILA R. ILLIGAN,r/CITY CLERK
CITY OF PALM DESE , CALIFORNIA
VL(J�
RICHARD S. KELLY,IMAYOR J
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ADJOURNED/REGULAR CITY COUNCIL MEETING AUGUST 28, 1986
13111
riversids county region
EXHIBIT "A"
building k,dusby association of southern collfomio. Inc
Mayor Richard Kelley
City of Palm Desert
P.O. Box 1977
Palm Desert, CA 92260
4-5
r-
vi
ri
August 28, 1986
Dear Mayor Kelley:
The Building Industry Association Desert Council has several
concerns regarding the proposed Ordinance No. 473. We wish to
emphasize we are attempting to speak on behalf of the new homeowners
and new commercial businesses that will be moving into Palm Desert
and will be asked to pay this new fee.
Our primary concern is that those who benefit from a service
should pay their fair share for that service. In the instance of
this proposed fee, new homeowners, new commercial businesses, and
the Redevelopment Agency, will be paying to help provide art that
will be enjoyed by the entire community. The new development in
Palm Desert will already be paying its fair share through property
taxes and sales taxes. The provision of public art should be
funded through the general fund, not through fees that penalize
the newest resident or business.
In additon, it is not clear to us how it has been determined
that new development should pay a fee in order to purchase public
art. I do not know of any State mandate or General Plan requirement
which would authorize a city to collect such a fee, or that this
fee would be in conformance with. Further, it is my understanding
fees are to be calculated and paid based on the amount of adverse
impaction caused by a subdivision. I do not perceive how new deve-
lopment can adversely impact the cultural atmosphere of a city.
A final concern is regarding Section 2, point 5, which states
said fees "shall be reimbursed after two years if such a program
has not been adopted and implemented by the City." It is not clear
if there is an existing program and plan for utilizing the fees once
they are collected. If new development is to pay a fee, the funds
should be applied to the use they are intended for as soon as possible.
We would appreciate clarification as to whether or not a program is
adopted and ready to utilize the funds as they become available.
4333 Orange Street, Suite 21
Riverside, CA 92501 (714) 781-7310
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EXHIBIT "A"
The Desert Council encourages the City Council to consider
this matter carefully, and to keep in mind the concerns we have
just expressed. While this may seem to be a relatively small fee,
we feel it would be very significant. Thank you for your considera-
tion of our concerns.
cc:
Sincerely,
Eileen Brown
Executive Director
Councilmember S. Roy Wilson
Councilmember Jean Benson
Councilmember Walter Snyder
Betty Williams, E.G. Williams Co.
Phil Smith, Sunrise Co.
Larry Spicer, Ironwood Corp.
Jack Corkill, Massey Sand and Rock Co.
Bob Hooker, Safeco Title Insurance Co.
20