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HomeMy WebLinkAbout1986-09-11MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 11, 1986 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:30 p.m. II. PLEDGE OF ALLEGIANCE - Councilmember Benson 1!!. INVOCATION - Councilman Wilson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Kirby J. Warner, Director of General Services Ramon A. Diaz, Director of Community Services Gregg Holtz, Senior Engineer V. CONSENT CALENDAR A. MINUTES of the Regular/Adjourned City Council Meeting of August 28, 1986. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0804, WR0806, WR0812, and WR0809. Rec: Approve as presented. MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • • • • • a • • • • • • • • • * * • • * C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Upper Crust Cooking Co., 73-580 El Paseo, #A, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Upper Crust Cooking Co., 73-580 El Paseo, #B, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Heintze 0. Abdelaziz for Village Butcher Shop, 74-410 Highway 111, #4C, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sizzler Restaurants International, Inc., for Sizzler, 72-920 Highway 111, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Papa Dan's, Inc. for Papa Dan's, 73-131 Country Club Drive, #C-9, Palm Desert. Rec: Receive and file. H. REQUEST FOR APPROVAL to Refund $507.58 to Versteeg Electric from Fiscal Year 1985/86 Revenues. Rec: By Minute Motion, approve the request and authorize staff to refund $507.58 from prior year's revenues. I. REQUEST FOR APPROVAL to Refund $340.50 to Suncastle Realty for Transient Occupancy Taxes Paid to City. Rec: By Minute Motion, approve the request and authorize staff to refund $340.50 from prior year's revenues. 2 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 . . . . . . . . . * . . * . . . . . * . . . . . . J. REQUEST FOR APPROVAL of Change Order no. 3 for Portola Fire Station Construction Contract #00-145. Rec: By Minute Motion, approve Change Order No. 3 in the amount of $1,200 for the Portola Fire Station Construction Contract. K. REQUEST FOR APPROVAL of Contract for Right -of -Way Requirements for North Sphere Assessment District 84-1. Rec: By Minute Motion, authorize the Mayor to enter into a contract with Quan and Associates, in an amount not to exceed $5,000, for completing right-of-way negotiations for the North Sphere Assessment District 84-1. It should be noted for the record that a new staff report was distributed prior to the meeting for Item K, and the new recommendation should read as follows: By Minute Motion, approve Change Order No. 1 in the amount not to exceed $5,000 with Quan and Associates for completion of right-of-way negotiations for the North Sphere Assessment District 84-1. L. REQUEST FOR APPROVAL to Release Bonds for Tract 19824 (Park Palms, Applicant). Rec: By Minute Motion, accept the tract as complete and authorize the City Clerk to release the Faithful Performance and Labor and Materials Bonds and accept a ten percent Maintenance Bond in the amount of $20,520 for the one-year maintenance period. Upon motion by Wilson, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None 3 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 * • * • . • * • • • • • * • • • • • • • • • • • • , VII. RESOLUTIONS A. RESOLUTION NO. 86-101 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING CERTAIN REAL PROPERTY INTO THE CITY STREET SYSTEM. Mr. Altman reviewed the staff report and recommended adoption of this resolution. Upon motion by Snyder, second by Wilson, Resolution No. 86-101 was adopted by unanimous vote of the Council. VIII. ORDINANCES For Introduction: None For Adoption: 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 stated that this ordinance had been introduced at the previous meeting and recommended its adoption. Upon motion by Wilson, second by Snyder, Ordinance No. 472 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF REQUEST FROM THE PALM DESERT MUSEUM OF INTERNATIONAL ARTS TO NAME THE MUSEUM AUDITORIUM IN HONOR OF MRS. NANCY REAGAN. Mr. Altman stated that although there was no formal staff report, Mr. Martin McKell had sent a letter on behalf of the Palm Desert Museum of International Arts to name the Museum Auditorium in honor of Mrs. Nancy Reagan. 4 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • At the request of Mayor Kelly, Mr. Martin McKe11, 74-410 Peppergrass, addressed the Council and asked for its support of this request. He also asked that the Council send a letter to Mrs. Reagan asking her approval. Councilman Snyder suggested that the letter be sent from the Museum Board of Directors since they would want to know which organization was requesting this and who the members of the Board of Directors are. Councilman Snyder moved to, by Minute Motion, support the Palm Desert Museum of International Arts Board of Directors in its efforts to name the museum auditorium after Mrs. Nancy Reagan. Motion was seconded by Benson and carried by unanimous vote of the Council. B. CONSIDERATION OF REQUEST FROM COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS RELATIVE TO "PROJECT QUAKESAFE". Mr. Altman reported that the Council had received two memorandums dated August 20, 1986, and September 10, 1986, from Mr. Ken Weller, Principal Plans Examiner, who had been working on this project. Upon question by Council member Benson, Mr. Weller recommended that the Council postpone action on the CVAG proposal until they come back with a specific plan but to go ahead with printing and distribution of the Quakesafe pamphlets. Councilman Snyder stated that the problem was management of the program. He stated that it was suggested that the Crime Prevention Officer be used to implement the "Project Quakesafe" and "Neighborhood Watch" programs at the same time instead of hiring a person just to accomplish "Project Quakesafe". Mr. Altman stated that if additional funds were needed for the printing and distribution of the pamphlets, staff would come back to the Council for approval. Councilman Snyder moved to, by Minute Motion, approve the staff recommendations contained in the memo dated September 10, 1986, as well as printing and distribution of "Project Quakesafe" pamphlets. Motion was seconded by Wilson and carried by unanimous vote of the Council. 5 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • C. INFORMATION ITEMS 1. Report on Revisions to Flood Insurance Rate Map. Mr. Ortega reviewed his memo dated September 2, 1986, noting that the new Flood Insurance Rate Map indicating that the City of Palm Desert is no longer in a flood prone area was effective on September 4, 1986. He added that because of this, the City would no longer have to review projects for flood hazard other than the normal grading requirements in the Municipal Code. XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Altman reported that he had received a letter from the City Manager of South Lake Tahoe (attached hereto and made a part hereof as Exhibit "A") relative to the possible organization of California Resort Cities for the purpose of improved legislative effectiveness and developing improved economic ideas and programs. He felt perhaps he as City Manager, Councilman Wilson as liaison to the A&P Committee, and Councilman Snyder as representative to the Convention & Visitors Bureau, could get together, complete the survey form, and come back to the Council with a recommendation as to whether or not Palm Desert should join this group. The Council concurred with Mr. Altman's suggestions. 2. City Christmas Trees Mr. Altman reviewed the memo from the City Clerk dated September 5, 1986, and recommended approval of the request for an additional $2,713.41. He stated 6 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • that this would cover the cost of concrete to provide for permanent locations for the trees as well as three new trees. Councilman Wilson moved to, by Minute Motion, approve the request for an additional $2,713.41 for the City's Christmas Trees (Contract No. 00-158). Motion was seconded by Snyder and carried by unanimous vote of the Council. 3. Psychic Activities Ordinance Mr. Frank Allen, Director of Code Compliance, reported that on September 9, 1986, J.W. Ministries had requested a permit for psychic activities and spiritual reading, to be done in a commercial district of the City. Mr. Allen further stated that the Zoning Ordinance and Chapter 9.48 of the Municipal Code conflict. The Municipal Code states that this type of activity cannot be conducted in a residential district, which would lead people to assume that it could be conducted in a commercial district. However, the Zoning Ordinance states that it cannot be done in a commercial district. He recommended that an ordinance be prepared showing where this type of activity would be permitted and that City Council approval also be required for these types of permits. Councilman Wilson asked whether this would be religious rights versus government rights and if it would violate the First Amendment. The Council concurred that the City Attorney should look into preparing an ordinance amendment to include Mr. Allen's suggestions and also look into whether or not this would be considered an infringement of First Amendment Rights. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. Councilman Snyder stated that a lot of residents attended the KaffeeKlatsch on September 9th and that one of their concerns was the fact that the park on 7 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Portola next to the school had become a driving range for golf, and they complained of danger to the children playing in the park. Mr. Diaz responded that the easiest way to control this would be to post sign stating that golfing practice was prohibited. Councilman Snyder moved to, by Minute Motion, direct the Public Works Department to install signs indicating that golf balls are not to be hit in the park. Motion was seconded by Benson and carried by unanimous vote of the Council. 2. Mayor Kelly reported that the junior golf course was moving along and that there had been preliminary plans for the layout submitted. He added that one problem was with three acres of land owned by someone in Los Angeles and that a member of the Junior Golf Course Committee would try to contact the owner to see if they would sell it to the City. 3. Councilman Wilson stated that Highway 86 had been tagged onto a House Special Project Bill and was facing a great deal of opposition in the Senate. Councilman Wilson moved to, by Minute Motion, direct the Mayor to write letters to Senators Cranston and Wilson, urging their support of Highway 86, HR3129. Motion was seconded by Benson and carried by unanimous vote of the Council. 4. Councilman Wilson stated that he had been approached by a person who had attended Study Sessions in the past and missed the fact that occasionally developers with projects could come before the Council for informal discussion. He added the he would like to see people who have these types of informational items encouraged to present them to the Council during this 4:30 portion of the meeting. The Council concurred with his suggestions. 5. Councllmember Benson asked Mr. Holtz to check into the widening of the Safeway parking lot entrance and exit onto Highway 111. 8 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS It was Council's concurrence that these two items would be considered prior to the dinner recess as there was sufficient time to do so. B. CONSIDERATION OF APPOINTMENTS to Parks & Recreation Commission to Fill Vacancies Created by Expiration of Terms of Doloris Driskel and John Marman (Continued from the Meeting of August 28, 1986). Mayor Kelly stated that both Ms. Driskel and Mr. Marman had indicated a willingness to continue serving of the Parks 8 Recreation Commission. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, Ms. Doloris Driskel and Mr. John Marman were reappointed to four-year terms on the Parks & Recreation Commission. C. CONSIDERATION OF APPOINTMENTS of Arthur J. Hall, Darlene Romano, and Barry J. White to Civic Arts Committee to fill New Positions Created by Council Adoption of Resolution No. 86-57. Upon motion by Snyder, second by Wilson, and unanimous vote of the Council, Mr. Arthur J. Hall, Ms. Darlene Romano, and Mr. Barry J. White were appointed to four-year terms on the Civic Arts Committee. XIV. ORAL COMMUNICATIONS - 8 MR. SANDY BAUM, 45-800 Deep Canyon Road, addressed the Council relative to paving that had been done on Highway 111 west of El Paseo. He felt this should not have been done inasmuch as Caltrans would be widening Highway 111 from El Paseo to Bob Hope Drive. Mr. Holtz responded that he did not believe widening Highway 111 would involve the existing travel lanes. He added that the application put on the Highway was a "popcorn mix", similar to an overlay, and that it was not really an overpave. Mayor Kelly adjourned the meeting at 5:20 p.m. for dinner. He reconvened the meeting at 7:00 p.m. 9 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly called everyone's attention to Future Meetings listed on the Agenda and noted that the Planning Commission should read Study Session at 5:00 p.m. and regular meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:30 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. MURRAY MAGLOFF, 229 Camino Rio, asked that the Council pass an ordinance outlawing the use of blowers by gardeners for environmental reasons. Councilman Snyder agreed with Mr. Magloff and asked the City Attorney if it was legal to outlaw use of same. Council asked that the City Attorney research this issue and keep Mr. Magloff informed of any findings. The following individuals spoke against the barriers on San Gorgonio: MR. EARL MORLEY of Rancho Mirage MS. CAROL WITTLEY, 44-850 San Antonio Circle MR. JOE SUBMACHINSKI, 44-830 San Antonio Circle MR. PAUL DOVE, who lives on San Clemente Circle, was also concerned about the proposed barrier. He felt that stop signs should be installed. Upon motion by Wilson, second by Snyder, and unanimous vote of the Council, staff was directed to back off of the barriers but focus on prohibiting truck traffic and enforce the 25 mph speed limit. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION of Plaques of Appreciation to Ralph Wood, Richard Sparks, and Hank Stokes. Mayor Kelly presented plaques of appreciation to Mr. Ralph Wood for his service on the City's Planning Commission and to Mr. Richard Sparks and Mr. Hank Stokes for their service on the City's Advertising & Promotion Committee. On behalf of the entire City Council, Mayor 10 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • • • • • • • • • • • • • • • • • • • • Kelly thanked them for all of their long-term service to the community. B. CONSIDERATION OF APPOINTMENTS to Parks & Recreation Commission to Fill Vacancies Created by Expiration of Terms of Doloris Driskel and John Marman (Continued from the Meeting of August 28, 1986). C. CONSIDERATION OF APPOINTMENTS of Arthur J. Hall, Darlene Romano, and Barry J. White to Civic Arts Committee to fill New Positions Created by Council Adoption of Resolution No. 86-57. Items B and C were considered and action was taken prior to the 6 p.m. recess. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF CHANGE OF ZONE, PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A RETAIL/RESORT COMMERCIAL PROJECT OF SOME 90,636 SQUARE FEET ON A NINE ACRE SITE LOCATED AT THE NORTHEAST CORNER OF FRED WARING DRIVE AND HIGHWAY 1 1 1 . (JOE SEITZ, APPLICANT). Continued from Meeting of August 14, 1986. Mr. Diaz briefed the Council on actions taken by the Planning Commission and indicated that the applicant had requested that this item be continued to the meeting of November 13, 1986. Mayor Kelly noted that the public hearing was open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. Upon motion by Wilson, second by Snyder, this public hearing was continued to the meeting of November 13, 1986, by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D MR. SANDY BAUM, 45-800 Deep Canyon Road, raised three points: He stated he was proud to live in Palm Desert but was concerned about the City Limit signs and lack thereof on Monterey Avenue. 11 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • * • • • • • • • • • • • • • • • • • • - He asked whether Deep Canyon was included in the No Truck designation. - He requested that the City take a traffic new Monterey extension in February. count on the Councilman Wilson asked that the nursing home in the North Sphere be called up for Council review. XX. ADJOURNMENT Upon motion by Snyder, second by Benson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 7:38 p.m. to 4:30 p.m. on September 25, 1986. ATTEST: ,_ 0 MARY P. FIQA�ZIER, DEPUT CITY CLERK CITY OF PA M DESERT, CALIFORNIA 12 i✓ RICH 1)2S. KELL , MAYOR 1 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING • • • • a • • • • • • • * • a IF • EXHIBIT "A" September 2, 1986 Bruce Altman City Manager 45-275 Prickly Pear Lane Palm Desert, CA 92260 Dear Mr. Altman: • SEPTEMBER 11, 1986 • * * • * • • CF SFP le e 041. 81986 , ,h Last month I contacted you regarding a possible organization of California Resort Cities for the purpose of improved legislative effectiveness and developing improved economic ideas and programs. As planned, a few of the cities did meet together in Monterey during the recent League of Cities meeting to discuss the topic in more detail. There was a great deal of enthusiasm and interest shown in the idea and we decided to proceed with a meeting in September, in Sacramento, to further pursue the idea. In addition, I was asked to prepare a survey of the resort cities contacted to identify their interests and issues that are of major concern so we can better determine if there is support for the formation of a formal group and, if so, what the major focus should be at the start. I have prepared a survey form and ask that you complete it and return it to A-K Associates for compilation and reporting of results. A-K Associates, Inc. 1024 Tenth Street, Suite 300 Sacramento, CA 95814 (916) 446-7505 During our Monterey meeting we talked with Nick Konovaloff of the A-K firm regarding his experience in legislative advocacy and how such assistance could be of direct benefit to resort cities. We reviewed some of the specific legislative accomplishments the City of South Lake Tahoe has achieved and discussed some of the needs facing all of the resort cities together. Examples where legislative assistance can help us together are: economic assistance from the rural area program that is being pushed by the Assembly; specific help from the Tourist Advisory Commission on movie and television on -location filming; protection for the snow removal funding for mountain resorts; help with the liability problem facing beach resort cities; improved regulation of time-share sales programs; identification of special grant assistance programs not typically directed to resort cities as a group. 13 f 1 • t r MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 * * * • - * * * • * • • • • • • * • • * * • * • • * September 2, 1986 EXHIBIT W A N Page Two We concluded that there are five areas where a council of resort cities could be effective: 1) legislative assistance; 2) economic development efforts; 3) collection of data and information common to the group; 4) closer involvement with regulatory boards and commissions; and 5) periodic conferences to discuss common issues and to meet with key legislative and administrative leaders. It was agreed that I would send out this summary of the meeting to those that were not there and to survey both the cities in attendance and those that had been contacted but did not attend. We are going to hold a meeting in Sacramento on September 26, 1986 to review the results of the survey and to determine if there is sufficient interest to proceed with formation of the regional council of resort cities. If there is, we need to begin preparation of appropriate documents and ground rules to get started in time for the 1987 legislative session. If we are going to mount an effective program to secure legislation next year, we need to begin in October with the drafting and preparation of support information for the legislation. Please share this concept vial your staff and most certainly with your council so that we can either drop the idea altogether or proceed to get it started. I welcome your comments, suggestions and questions. Please give me a call if you would like to discuss any aspect of this and be sure to return the survey form. I hope to see you in Sacramento in September and you need to know that spouses are welcome too. We will be having a program separate for them, but one of special appeal. Sincerely, Richard Milbrodt enclosure 14 • • MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • •. • • • • • • • • * • • • • * * * • CALIFORNIA COUNCIL OF RESORT CITIES In discussing the possidiAKE6611oW a council to represent resort cities, it has been suggested that potential members be surveyed as to their interests and concerns that would suggest the elements of the joint program and content of a membership agreement. It would be appreciated if you would take the time to completa this survey and return it to: A-K Associates, Inc. 1024 Tenth Street, Suite 300 Sacramento, CA 95814 I. Priority of Issues -- Five topics have been identified for membership purposes. Please rank these according to your needs and add any purpose not shown here: Legislative Assistance Improved representation on state boards and commissions Source of data pertaining to resort city activity (visitor nights; per capita TOT; room tax delinquency trends; public service performance measures, etc.) Economic Development issues and ideas Annual Conference to host contemporary speakers on critical issues; panel discussions on concerns to resort developments; interviews with key legislators; etc. Other (explain) II. Subjects of immediate concern to you (list in order of importance the top three subjects). III. Current legislative topics that require emphasis in the 1987 legislature: (1) (2) (3) (4) IV. Are there federal issues that require attention for your city? _yes no. If yes, describe briefly: 15 MINUTES REGULAR/ADJOURNED PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1986 • • • • • • • * * a • • • a • • • • • • • • • • t OM EXHIBIT "A" CALIFORNIA COUNCIL OF RESORT CITIES Page Two V. From your personal experience, which of the following would be of most help to the success of your city's needs? Better access to staff for legislative committees? Better contact with selected legislators? Improved knowledge of the legislative process? More direct contact with, and support from, regulatory boards/commissions? VI. Other comments (please use other side if necessary) 16