HomeMy WebLinkAbout1987-03-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY. MARCH 12, 1987
CIVIC CENTER COUNCIL CHAMBER
• • • • • • • • • • • • • • • • • • • • • • • • •
1. CALL TO ORDER
Mayor Kelly convened the meeting at 4:00 p.m.
11. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly
111. INVOCATION - Councilman S. Rov Wilson
IV. ROLL CALL
Present:
Mayor Pro-Tem Jean M. Benson
Councilman Buford Crites
Councilman Walter S. Snyder
Councilman S. Rov Wilson
Mayor Richard S. Kelly
Also Present:
Bruce A. Altman. City Manager
Carlos L. Ortega. Assistant City Manager
Doug Phillips. Deputy City Attorney
Sheila R. Gilligan. City Clerk/Public information Officer
Catherine Sass. Assistant Planner
Richard J. Folkers. Director of Public Works
Kirby J. Warner. Director of General Services
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of February
26. 1987.
Rec: Approve as presented.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • * • •
B. CLAIMSANODEMANDS_AGAINST THE CITY TREASURY - Warrant
Nos. WR0202. WR0205. WR0207.WR0210. WR0213, and WR0219.
Rec: Approve as presented.
C. APPL I CA_T I.ONFO_R ALCOHOL 1 C BEvERAGE L.ICENSE_ by
SAF/MESQUITES. INC.. for Original Mesauite's. 73-030 El
Paseo. Palm Desert.
Rec: Receive and file.
0. MINUTESof Building Board of Appeals and Condemnations
Meeting of February 12. 1987.
Rec: Receive and file.
•
E. REQUEST FOR_ACCEP_T_ANCE OFWORK_ for Contract 00-109 (1091)
- Traffic Signals and Roadway Improvements.
Rec:
By Minute Motion. accept the work for Contract
00-109 (1091) as complete and authorize the
City Clerk to file a Notice of Completion.
F. REQUEST FOR ACCEPTANCE of Proposed Increase in League of
California Cities Dues.
Rec: By Minute Motion. accept the 6% increase in
member dues.
G. REQUEST FOR_APPROVAL of Contract No. 00-196 with David M.
Griffith and Associates. Ltd.. for State Mandated Cost
Reimbursement Services.
Rec:
By Minute Motion. authorize the City Manager to
enter into a Contract No. 00-196 with David M.
Griffith and Associates. Ltd.
H. LETTER OF RESIGNATION from Mr. Joseph Gibbs from the
City's Rent Review Commission.
Rec: Accept with regrets and direct the Mayor to
send a letter.
2
MINUTES
REGULAR PALM DESERT Cis( COUNCIL MEETING MARCH 12. 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
I. LETTER OF RESIGNATION. from Mrs. Lois Kent from the C i ty's
Rent Review Commission.
Rec: Accept with rearets and direct the Mayor to
send a letter.
J. LETTER OF_RESIGNATIQ_N from Mr. Bruce Romlue from the
Cltv's Advertising and Promotion Committee.
Rec: Accept with regrets and direct the Mayor to
send a letter.
K. RESOLUTION NO. 87-17 - A Resolution of the City Council
of the City of Palm Desert. California. Ordering Changes
and Modifications in Proceedings and Assessments in a
Special Assessment District Pursuant to the "4Municipal
Improvement Act of 1913".
Rec: Waive further reading and adopt.
L. CONSIDERATION_OF__REQUEST by the Vintage Club for Temporary
Directional Signaae for Golf Tournament.
Rec: By Minute Motion. approve the sign request.
M. RE VEST FOR_ APPROVAL of Agreement for Law Enforcement
Services between the County of Riverside and the City of
Palm Desert (Contract No. 00-197).
Rec:
By Minute Motion. authorize the Mayor to
execute the agreement for law enforcement
services with the County of Riverside (Contract
No. 00-197).
N. REQUEST___FOR_CO-NS I DERAT_I-ON of Pre -Annexation Agreement
with Sunrise Comoanv for Pa I m Val I ev Country C l iub
Annexation.
Rec:
0. CONS I OERAT I ON- OF REQUEST_ from City of Santa Fe Sor i na=
for Cltv's Contribution to Sister Cities International
for the Building Fund Challenge Grant Program.
Rec: Refer to Charitable Contributions Committee.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
P. RESOLUTION NO. 87-_15 - A Resolution of the City Council
of the City of Palm Desert, California, approving a
precise plan of design to allow construction of a gas
station as part of the Residence Inn protect within 10
acres in the PC (41 S.P. and PR-5 N, S.P. zone at the
northeast corner of Highway'111 and Deep Canyon Road.
Rec: Waive further reading and adopt.
Mr. Sandy Baum requested that Item P be removed. Item M was
removed by Councilman Wilson, and item N was removed by Mr.
Altman.
Upon motion by Crites, second by Kelly, the Consent Calendar,
with the exception of Items M, N, and P. was approved as presented by
unanimous vote of the City Council.
VI. ORAL COMMUNICATIONS - A
MR. RAYMOND BURKE, P.O. Box 3876, Palm Desert, requested that
he and Mr. David Kelly be allowed to address the Council when
it considered Ordinances 500 and 501. Mayor Kelly responded
that they would be allowed to do so.
V11. RESOLUTIONS
None
VIII. ORDINANCES
For introduction:
A. ORDINANCE NO. 500 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
5.06. SECTION 5.06.010 BY ADDING CATEGORY 1 PERTAINING TO
BUSINESS LICENSES.
Mr. Ortega reviewed the staff report dated February 19,
1987, and offered to answer questions.
MR. DAVID KELLY, Attorney for Palm Desert Disposal. asked
that this Item be postposed. He said they had just
received this Information the previous day and had not
-had an opportunity to examine the ordinances fully.
4
MINUTES
REGULAR PALM DESERT Cite COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
Councilman Snyder moved to continue this matter to the meeting
of March 26, 1987. Motion was seconded bv Crites and carried bv
unanimous yote of the City Council.
B. ORDINANCE NO. 501_ - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT. CALIFORNIA. AMENDING CHAPTER
8.16, SECTION 8.16.060. RELATING TO SOLID WASTE.
Mr. Altman stated that this ordinance was related to
Ordinance 500. Mr. Ortega added that this. too, should
be continued.
Upon motion by Wilson. second by Crites. and unanimous vote of
the City Council, this item was continued to the meeting of March 26,
1987.
For Adoption:
A. ORDINANCE NO. 496 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT. CALIFORNIA, AMENDING CHAPTER
5.86.020(M) AND 5.86.090(1) OF THE CODE OF THE CITY OF
PALM DESERT RELATING TO MASSAGE ESTABLISHMENT. BATHHOUSE.
ESCORT BUREAU. AND INTRODUCTORY SERVICE. (Continued from
the meetings of February 12 and February 26, 1987.)
Mr. Altman stated that this ordinance was now ready for
adoption.
Mr. Allen reviewed the reasons for the amendment. noting
that the required hours of training had been reduced from
1,000 to 500. He added that there were several options
to the required 500 hours and reviewed these options
outlined in Ordinance No. 496.
Councilman Crites commended everyone who had worked on
this amendment and stated that the Council appreciated
their efforts in coming UP with a flexible. realistic
proposal.
Upon motion by Snyder. second by Benson. Ordinance No. 496 was
adopted by unanimous vote of the City Council.
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
B. ORDINANCE NO. 498 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT. CALIFORNIA, AMENDING CHAPTER
10.24 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO
ABANDONED VEHICLES.
Mr. Altman reported that no changes had been made since
introduction of this ordinance at the last meeting.
Upon motion by Crites, second by Benson, Ordinance No. 498 was
adopted by unanimous vote of the City Council.
C. ORDINANCE_ N0. 499 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING
ORDINANCE AMENDMENT AMENDING SECTIONS 25.28.030 (GENERAL '
COMMERCIAL DISTRICT) AND 25.28.020 OF THE CODE OF THE
CITY OF PALM DESERT. CASE NO. ZOA 86-6.
Mr. Altman reported that this ordinance had been
introduced at the last meeting and that there were no
changes.
Upon motion by Benson. second by Crites. Ordinance No. 499 was
adopted by unanimous vote of the City Council.
IX. CONSENT ITEMS HELD OVER
.M. REQ_UEST FOR APPROVAL of Agreement for Law Enforcement
Services between the County of Riverside and the City of
Palm Desert (Contract No. 00-197).
Councilman Wilson expressed concern with executing a
five-year agreement with nothing but a 12-month escape
clause.
Mr. Ortega reviewed the staff report, noting that the
City would be given 60 days notice of any rate changes.
Upon question by'Councilmen Wilson, Mr. Ortega responded
that staff was comfortable with this agreement.
Councilmember Benson moved to. by Minute Motion, authorize the
Mayor to execute the agreement for law enforcement services with the
County of Riverside (Contract No. 00-197). Motion was seconed by
Crites and carried by unanimous vote of the City Council.
6
MINUTES
REGULAR PALM DESERT CiTY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
N. REQUEST FOR CONSIDERATION of Pre -Annexation Agreement
with Sunrise Company for Palm Valley Country Club
Annexation.
Mr. Altman reported that he. Mayor Kelly, Councilman
Snyder. Ray Diaz, Fire Chief Eric Vogt, and Captain Mike
Lewis had met the previous Saturday with people from Palm
Valley Country Club relative to this annexation. This
agreement provides that the fee structure would be the
same as if they had staved in the County. He recommended
that the Council not approve the agreement and refer it
to the Annexation Committee for further negotiation.
Councilman Crites moved to refer this matter to the Annexation
Committee to continue negotiations with Sunrise Company. Motion was
seconded by Benson and carried by unanimous vote of the City Council.
P. RESOLUTION NO. 87-15 - A Resolution of the City Council
of the City of Palm Desert. California. approving a
precise plan of design to allow construction of a gas
station as part of the Residence inn project within 10
acres in the PC (4) S.P. and PR-5 N. S.P. zone at the
northeast corner of Highway III and Deep Canyon Road.
Ms. Sass noted that the word "foundation" should be added
to City Council condition #4 on page 8 to read as follows:
"Building permits for the gas station will not be issued
until final inspection for the hotel foundation has
occurred."
Councilman Wilson moved to waive further reading and adopt
Resolution No. 87-15 as amended. Motion was seconded by Crites.
Councilmember Benson asked the motion be amended to
include a chance to page 4. item "e". which stated "That
they prefer tile to be used at the gas station building
rather than metal." She felt it should read "That tile
be used at the gas station buildina rather than metal."
MR. SANDY BAUM. 45-800 Deep Canyon. Palm Desert.
questioned condition #13 on paae 6 and stated he felt it
was an unjust to require his client to provide curb and
gutter for someone else's property. He also questioned
condition #22 on pane 7 relative to the reauirement for a
bus turnout on Highway III. He felt it might cause
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
traffic problems since they were also providing a deac-
celeration lane at the intersection of Deep Canyon.
Councilman Wilson noted that condition #22 stated the bus
turnout on Hiahway III would be provided to the satis-
faction of the Director of Public Works and Sunline
Transit Agency. Mayor Kelly added that the applicant
would not be required to provide a bus turnout unless
Sunline said it was needed.
Councilman Wilson stated that in the past developers had
been required to put in improvements to take care of any
impacts made by the development. He added that he did
not feel It was unreasonable to ask the developer to do
the improvements on the street.
Councilmember Benson and Mayor Kelly agreed.
Councilman Wilson amended his motion to include the change
requested by Councilmember Benson, and Councilman Crites agreed to the
amendment. Motion carried by unanimous vote of the Council.
X. NEW BUSINESS
NOTE: AT THE REQUEST OF COUNCILMAN CRITES, THE AGENDA WAS SUSPENDED
TO TAKE UP ITEMS B AND C OF NEW BUSINESS, ITEM A OF CONTINUED
BUSINESS, AND ITEMS OLD BUSINESS. SEE THOSE SECTIONS FOR
COUNCIL ACTION.
A. CONSIDERATION OF MID -YEAR BUDGET ADJUSTMENTS AND RELATED
ITEMS.
Mr. Warner reviewed the staff report dated March 2, 1987,
noting the primary area of change was in the General
Fund. He offered to answer questions.
Councilman Wilson commended staff for the way in which
the budget report was prepared and stated the color coded
tabs had made it very easy to follow.
Upon question by Councilmembers Wilson and Benson, Mr.
Warner explained the need for the geobase computer
program and why it was necessary to have it approved at
this point in time instead of waiting until the Council
considers the budget for fiscal year 1987/88. He added
that it was not anticipated that any additional funds
would be necessary in the future other than possibly some
overtime or part-time help to report existing data.
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
Upon question by Crites, Mr. Altman responded that he
would be attempting to obtain reimbursement to the City
for the money being spent on the North Sphere Plan.
Crites expressed concern that money was being spent by the
City for things which should be done by developers in that
area.
Mr. Altman stated that all of these expenditures were
Part and parcel of achieving the end result of having the
kind of plan the Council desires.
Upon motion by Crites, second by Wilson, and unanimous vote of
Council, Mayor Kelly recessed the meeting at 6:05 p.m. for dinner.
The meeting was reconvened at 7:00 p.m., at which time the following
were considered prior to finishing this item: Awards.
Presentations, and Appointments; Oral Communications C and D.
Please see those sections for Council action.
Mr. Altman reviewed the North Sphere Plan in detail and
recommended approval of the change order for Wallace,
Roberts and Todd in the amount of $173,114. He added
that he was not sure when the City would be reimbursed
for this money but assured the Council that it would be
repaid.
Council Comments/Questions:
Wilson: i.s the EIR being done on the total area or just
Section 4? Mr. Altman responded that as part of the
original protect, an entire Environmental Impact Report
would be done; however, at this time a specific EIR for
Parcel 4 would be done. Councilman Wilson suggested
holding off on the EIR for the specific plan at this time.
Crites: Stated he had no obiection to Councilman Wilson's
suggestions regarding the EIR but added that he would
l i ke to see some evidence of good faith by Lama 8
Associates in terms of their commitment to the project
and also have some of the people who stand to gain from
the City's Initial investment contribute funds at this
point In time.
Ke 1 1_ We have to be careful that we do not have
developers invest money which would give them a
proprietary right and not allow the City to negotiate
with other developers. Mr. Altman stated there was an
9
MINUTES
REGULAR PALM DESERT CiTY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • a • • • • • • • • • • • •
Economic Development Committee subcommittee meeting the
following week and that it would discuss this matter and
report back to the Council.
Snyder: Concerned with the amount of money being spent
on studies but also realized that this is a big step for
the City.
Benson: What is the $15.000 for? Mr. Altman explained
that up to this point Shant Agajanlan had been working
with the Economic Development Committee, and the $15,000
was for continued consultation on en as needed basis.
Discussion of Request for Funds to Produce Video:
Crites: With the City growing so quickly, not sure it
was necessary to produce a video of the City.
Wilson: As liaison to the Advertising & Promotion
Committee, explained that the idea was to have a video
tape that would tell the story of Palm Desert by pictures
Instead of words and would draw visitors to our area.
Basic philosophy of the Advertising & Promotion Committee
is that if you do not continue to market agressively, you
lose ground. With this video, we would be able to
attract the kind of development we want.
Benson: Agreed and stated she felt this would be money
well spent and would allow people to see as well as read
about Palm Desert.
Kelly: Agreed with Crites and expressed concern that
money is being spent to develop our city faster and
faster.
Snyder: Agreed with Kelly that the City is growing too
fast. Felt by using the video to show developers our
standards, it might slow down the growth and allow us to
obtain the best developments.
Discussion of Senior Administrative Assistant Position
Wilson: Although most resistant to adding staff, would
support this on the concept that there is a need for it.
However, felt that it should be a full time temporary
position, perhaps a contract position for someone with
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
tremendous experience in this type of work to help the
City Manager and also work on emergency preparedness.
Mr. Altman responded that he felt two positions were
actually needed, but he was only requesting one and would
be looking for someone to do both jobs. He said he was
not looking for an expert in Just one field. He added
that he did not think a contract person was the answer
because it would be difficult to get someone to take a
Position for Just one year, and it would not really be
feasible to spend the time training someone for that
short a time.
Wilson: Explained that he had not meant for the City to
hire someone .lust out of school who would have to be
trained but someone who was perhaps retlred front a major
corporation and looking for something to do and who would
be willing to work for six months, a year, etc.
Snyder: Expressed concern that if the City Manager did
not receive this help now for the project, there may be
problems later when the moratorium in the North Sphere.
Benson: Agreed that a protect manager was needed for the
time It would take to complete the job. However, did not
think it was necessary to hire another employee who would
divide his time between both jobs since that person would
probably become involved with one or the other, and one
of the areas would suffer.
Kelly: Wouldn't the fire department or police department
be the ones to work on a disaster preparedness plan? He
also felt mid -year budget time was not when the Council
should be considering the addition of employees. Mr.
Altman responded that the City could not count on the
County for its disaster preparedness.
fiscussion of the internship Program
Mr. Altman reviewed the staff report dated January 14,
1987.
Wilson: Agreed with the first and second recommendations
of the staff report but questioned the third regarding
establishment of a temporary full time position of
Communications Coordinator to continue ongoing programs.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • ■ • • • • • • • • • •
Mr. Altman responded that it would be on a year-to-year
basis similar to the Intership program. He added that the
Art In Public Places program still needed to be worked out
and that someone with the kind of background as the
current intern could help the Advertising & Promotion
Committee and the Economic Development Committee with the
video presentation.
Snyder: Felt the purpose of the intern program was to
give someone the opportunity to train in city government
and the Council an opportunity to look at them. Stated
he was in favor of continuing this on a year-to-year
basis and was pleased with the person currently in that
Position.
Benson: Agreed with Wilson. Felt additional help was
needed in other departments in the City and that the
money could be better spent. Also felt that mid -year
budget time should be to discuss adjustments to the
current budget, not the addition of personnel.
Mr. Altman responded that the current internship was
expiring and he felt it should be brought to Council's
attention at this time.
Kelly: Did not feel money should be spent to add a new
Position just to provide "fringe benefit" type things.
Would rather see someone hired to patrol the streets or
pull weeds or do some kind of public work.
Crites: Did not feel this was the time to discuss the
addition of personnel. Felt the intern position should
be continued until regular budget time and from that
point on have any one-year positions like the Intership
program expire at budget time.
Mayor Kelly called a 10 minute recess at 9:20 p.m. The meeting was
reconvened at 9:30 p.m.
Discussion on Request for Funding for Children's Museum
Wilson: Stated the Committee for Charitable Contributions
recommended approval of the requested $1,500 seed money
to indicate the City's interest in assisting in finding a
place in Palm Desert for a Children's Museum. Said that
one of the issues discussed in the Committee was that the
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
City had done a great deal for seniors and should make a
similar commitment for the young people.
Snyder: Expressed concern with spending taxpayers' money
for this endeavor and stated that other museums for
children were in large cities like Los Angeles, Boston,
and San Francisco which could afford them. Felt the City
already had a balanced program for the young people with
the sports center, ballfields, and the building of a
better library.
Crites: Stated he saw this as a cultural need for young
people and would be an excellent way to draw families
Into the City.
Benson: Stated the people involved in getting this
museum started were well educated and had a lot of
credibility. The Committee felt the $1,500 was an
appropriate amount to be contributed by the City to get
the program started.
Councilman Wilson moved to, by Minute Motion, authorize the
expenditure of $1,500 to Children's Museum organization as a contribution
to Initialize the program. Motion was seconded by Benson and carried by
a 4-1 vote, with Councilman Snyder voting NO.
Councilman Crites moved to, by Minute Motion, approve a Change
Order to Contract 00-030 with Computer Applied Systems in the amount of
$25,500. Motion was seconded by Wilson and carried by unanimous vote of
the Council.
Councilman Wilson moved to. by Minute Motion, approve a Change
Order to Contract 00-136 with Wallace, Roberts and Todd in the amount of
$124,214, deleting the cost of an Environmental Impact Report on the
Specific Plan at this time in the amount of $48.900. Motion was seconded
by Benson and carried by unanimous vote of the Council.
Upon question by Councilman Crites, Mr. Altman responded that
this action would still allow approval of the cost to conduct
an Environmental Impact Report to be considered at the next
budget time.
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • a • • • • • • • • •. • • • • • • • • • • •
Councilman Snyder moved to, by Minute Motion: 1) Authorize
staff to accept the proposal from Aaa.ianian and Associates (Contract No.
00-198) In an amount not to exceed $25.000 for services In connection
with the creation of a computer -based, long-range fiscal model; 2)
authorize the City Manager to enter into an agreement with Agajanian and
Associates (Contract No. 00-199) in the amount of $15.000 for staff, as
needed, for the Economic Development Advisory Committee and Conference
Center project; and 3) Authorize the City Manager to enter into an
agreement with Agajanian and Associates (Contract No. 00-200) in the
amount of $33.000 for a financial feasibility study and computer
simulation model for the North Sphere Planning area. Motion was seconded
by Kelly and carried by a 4-1 vote, with Councilman Wilson voting NO.
Councilman Crites moved to, by Minute Motion. direct staff to
prepare appropriate documentation (Resolution No. 87-20) approving the
internship/communications specialist to the end of the budget year.
Motion was seconded by Snyder and carried by a 3-2 vote, with Council -
member Benson and Mayor Kelly voting NO.
Councilman Crites moved to, by Minute Motion, direct staff to
prepare appropriate documentation (Resolution No. 87-19) approving
promotion of the Clerk Typist 1 to Clerk Typist ii for General Services,
approving the temporary full-time position of Zoning & License Officer
for Code Compliance Department. Motion was seconded by Benson.
Upon question by Wilson, Mr. Frank Allen explained why the temporary
Zoning. d License Officer position was needed. Councilman Wilson
suggetted that the position be approved until the end of fiscal year
1986/87 and that a report be prepared showing how much money has
been generated between now and then.
Crites amended his motion to approve the temporary full time
Position of Zoning and License Officer until the end of fiscal year
1986/87, with the Director of Code Compliance to prepare a report at that
time showing how much money has been generated for the City. Council -
member Benson amended her second. Motion carried by unanimous vote of
the Council.
Snyder moved to approve the position of Senior Administrative
Assistant for the City Manager's Office as outlined in the staff report
dated February 17, 1987, and listed as Alternative A. Motion was
seconded by Crites.
Councilman Wilson stated he would vote against it because he felt
the position should be a project manager who would give full
attention to the Economic Development Plan and the North Sphere.
14
MOVIES
REGULAR PALM DESERT CITY COUNCIL MEETING
MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • 4 4 • •
Counc i l man Snyder stated he felt someone should be hired for
Economic Development so that the City Manager could run the City as
he was hired to do.
Mayor Kelly stated he would also vote against It for the same
reasons as Councilman Wilson.
Councilmember Benson expressed appreciation for the City Manager's
work. end stated she would be in favor of hiring someone for Economic
Development on a contract basis.
Mayor Kelly called for the vote. Motion was defeated by a 2-3 vote,
with Councilmember Benson, Councilman Wilson, and Mayor Kelly voting NO.
Councilmen Wilson stated he knew how much work was involved with the
Economic Development Project, knew how much staff time it would
take, felt the City Manager needed executive level assistance, and
felt a project manager was needed.
Councilman Wilson suggested the City Manager take time to consider
this matter and report back to the Council with his ideas and recom-
mendation. Mayor Kelly stated the Council would do the same, and the
matter would be scheduled for further discussion at the Council meeting
on March 26, 1987. Council concurred.
Councilman Wilson moved to approve the request for funding in the
amount of $25,000 for a City video presentation. Motion was seconded by
Benson. Mr. Warner noted that the amount requested was actually $30,000.
Councilman Wilson amended his motion, and Councilmember Benson amended
her second. Motion carried by a 3-2 vote, with Councilman Crites and
Mayor Kelly voting NO.
Councilman Crites moved to approve Resolution No. 87-18 amending the
1986-87 budget to include revised revenue estimates and appropriations,
as amended. Notion was seconded by Benson and carried by unanimous vote
of the Council.
B. CONSIDERATION OF REQUEST BY 8. B. O'BRIENS FOR TEMPORARY
USE PERMIT FOR A CHARITY FUND RAISER.
Mr. Altman reported there was a memo to the packets from
the Director of Community Development/Planning indicating
denial of this request based on lack of parking and
objections raised by the Sheriff's Department. An
additional memo had been received from Lt. Jake Bowser
indicating the Sheriff's Department no longer had those
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • a • • • • • •
concerns. He added that at this point it was a Council
decision as to whether or not to approve the request.
MR. DAViD 5. FORMAN. 72-185 Painters Path, Palm Desert,
spoke as the owner of B. B. O'Briens and said this would
be a fund raiser to benefit the Crfinestoppers program.
He said he had contacted the Sheriff's Department and
advised that they would have uniformed security personnel
on the premises. had a staff fully versed in alcohol
awareness, and would be monitoring that. He added that
they had secured an additional 70 to 80 parking spaces
from Moeller Landscaping end asked for the Council's
consideration of this request.
Council Questions/Comments:
Snyder: Have other businesses in the area given their
approval? Mr. Forman replied that Mr. Moeller and the
Computer Center had both agreed with it. He added that
most of the restaurants did not open until 5:00 and that
most of the event would be taking place during the day.
Benson: Have the other restaurants been notified? Mr.
Altman stated that the applicant could be required to
contact other businesses in the area.
Kelly: We could approve the request contingent on the
applicant showing consent from adjacent businesses.
Ms. Sass stated It was also staff's recommendation that a
hold harmless agreement be executed prior to issuance of
the permit. Mr. Forman agreed to do both.
Councilman Crites moved to. by Minute Motion, approve the
request for a temporary use permit for a charity fund raiser, contingent
upon receipt of approval of adjacent businesses and execution of a hold
harmless agreement. Motion was seconded by Benson and carried by
unanimous vote of the Council.
C. CONSIDERATION OF REQUEST FROM IRONTREE MANAGEMENT COMPANY,
INC., FOR INSTALLATION OF TRAFFIC CONTROL LIGHTS AND
OVERHEAD SAFETY LIGHT AT THE INTERSECTION OF MONTEREY
AVENUE AND HOVLEY LANE.
Mr. Altman recommended that this item be referred to
staff for report at a subsequent meeting.
16
M I RUNES
REGULAR PALM DESERT CITY COUNCIL MEETING
• • • • • • • • • • • • • • •
MAACM 12. 1987
• • • • • • • • • •
Councilman Wilson moved to, by Minute Motion, refer this to
staff for a report and recommendation at a future meeting. Motion was
seconded by Benson and carried by unanimous vote of the Council.
Xl. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL of Work for Contract 00-105 (1-106) -
1985-86 Curb and Gutter and Cross Gutter Repair Program
(Continued from meeting of February 26, 1987).
Mr. Folkers briefly reviewed the staff report —and recom-
mendation, noting that the incorrect item was pulled from
the February 26. 1987, Consent Calendar. No sold this
action would correct the error.
Councilman Wilson moved to, by Minute Motion: 1) A.ccept Item
"M" (1985-86 Street Repair Program) rather than Item "J" (198S-86
Curb and Gutter and Cross Gutter Repair Program) on the Consent Calendar
for the February 26, 1987, City Council meeting; 2) Approve Change
Order No. 1 in the amount of $ 1 6, 484. 48; and 3) Accept the work for
Contract 00-105 (1106) as complete and authorize the City Clerk to file a
Notice of Completion. Motion was seconded by Crites and carried by
unanimous vote of the Council.
XII. 0L0 BUSINESS
A. CONSIDERATION OF APPROVAL OF CONTRACT N0. 00-201 WITH
COMMUNITY COUNSELING AND CONSULTATION CENTER, INC., FOR
THE DESERT AIDS PROJECT.
Mr. Altman recommended that this item be continued to the
meeting of March 26, 1987, inasmuch as the contract had
been sent to the applicant and had not yet.been returned.
Councilman Crites moved to, by Minute Motion, continue this
item to the meeting of March 26, 1987. Motion was seconded by Benson
and carried by unanimous vote of the Council.
B. REQUEST FOR AWARD OF CONTRACT NO. 00-194 (1113) FOR
DRAINAGE FACILITIES AT PORTOLA AVENUE AND HOVLEY LANE.
Mr. Folkers reviewed the staff report, noting that a
fifteen percent contingency reserve was being requested
due to the complex nature of the work.
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
Councilman Wilson moved to. by Minute Motion: 1) Award Contract
No. 00-194 (1113) to Bonadiman-McCain, Inc., In the amount of $214,886,
and authorize a fifteen percent contingency reserve for the contract in
the amount of $32,232.90; and 2) Authorize the transfer of $247,II8.90
from the $2.1 million budget reserve for the North Side Area Drainage
projects to the subject budaet. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
XIii. REPORTS AND REMARKS
A. CiTY MANAGER
1. McStop Sign at Ramon Road and Interstate 10
Mr. Altman reported that this matter had come up
after the agenda had been posted and would require a
4/5 vote of the Council to consider it at this time.
Mayor Kelly noted that the City of Rancho Mirage was
requesting that the City of Palm Desert join in its
appeal of a Riverside County Planning Commission
decision to allow a sign variance. He added that
time was a problem because the item could be before
the Board of Supervisors at any time.
Councilman Crites moved to consider the matter at this
time. Motion was seconded by Wilson and carried by unanimous vote of
the Council.
Councilman Crites moved to, by Minute Motion, join the
City of Rancho Mirage in its appeal of the granting of a sign variance.
Motion was seconded by Wilson.
Counc1lmember Benson asked whether the appeal was for the
sign only and stated she did not feel that development
was consistent with what the Council wished to see along
Interstate 10.
Councilman Snyder agreed and suggested that the appeal
include Items 1 through 4 of the staff report dated March
12, 1987.
Councilman Crites amended his motion to include Items 1
through 4 of the staff report dated March 12. 1987, relative to required
major improvements to the freeway interchange. and Councilman Wilson
amended his second. Motion carried by unanimous vote of the Council.
18 .
IrkTE Sc -
REGULAR' PALM DESERT CITY COUNCIL MEET I NG4 ` - '' - ' ' ' I*ARCMW 1 F•, 1187
• • • • • • • • • • • • • • • • • K •* •., • • •
B. CITY ATTORNEY -
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reayests for Action:
Councilman Buford Crites
1. Discussion of left turn lane onto Highway III
from southbound Monterey Avenue.
Councilman Crites asked that the staff prepare • report as
to any options the City would have to alleviate this situation, which he
felt would only get worse. Council concurred.
2. Development of dual left turn lanes aright
turn lanes as City intersections are,improved.
Councilman Crites asked that this item be considered
as City intersections are improved. Council concurred.
3. Development of Monterey Avenue north of Country
Club to three lanes each direction.
Mayor Kelly noted that the SCAG study had been
completed, which showed Monterey Avenue as
having two lanes in each direction.
Councilman Crites asked that this matter be
investigated to see if it was possible to have
three lanes in each direction.
Mr. Altman added that the plan being prepared
by Wallace, Roberts, and Todd would do that.
4. Change in zoning to prohibit hotel development
in southern portion of the City near Highway 74.
With Council concurrence, staff was directed to prepare
the appropriate zoning ordinance amendment and recommendation.
19
*
CO
tT
..•
tV •
_ •
V
Qr
<•
•
•
•
•
•
•
•
Z
I- •
W
Z •
J
- •
Z
•
0
U
•
F••
- •
tJ
Fes•
CC
La
to •
La
c
•
J
< •
a
<ntx•
W <
H J
> > •
Z C7
- W
Z CX •
Committee Reports:
V
C
7
0
V
>
4)
V
0
C
0
n
c
10
E
U
c
7
0
V
•
rorrov
u }►
ro
C) t O L
• T L
C i' W
C) C) n
0
4' 4+ s a
O 4-) 10 0
vEma
cE
0 C
U 0
CO en
L 0 4")
L 7 w
C
w x 41
4-)
n<a)0
C > .0
0 V ;'
1n
L
3 a-)
4- C)
0 -D
C
CI
C E
- E
4' 0
Q) u
Q) N
E
C
�-
0 Y 43
4) ro n
N n 0
C)I rnL a4-V
C 0 10
L
c !;'4.. cJ'
0 01)
n p) -
4)t
E
L J' 7
n V C) 0 0
O C.0C C L C
a-4'- 0 0)10
n
L
u
n
7
a-+
0
V
a-)
�4'4_ 1 a)
ro C 4_ L —.
C) 0 y
c E a
0 0) Y C C
> u 7 0
n 0 10 3
n E
u
7 L L
eennE4)4+3
0 en CO aJ
O a) _C a
en0
v to a
COLAJ M a
tU
4- n C)
CO O n -C
= E 0
0
E 4 to 4- 4/
O
.c
t d CI
�+ L C -
4) 0 i'
10
4)
C ++
0--
n
4'
O.
n
0
n
d0
a)
0
L
a
O
0
0
C)
L
C)
L
C)
4-)
ro
i'
n
n)
n
L
C)
Cr
C)
L
4-)
0
WOW X 4.) n C)
.0 .0 ro 00 y L
i+ 4'
C 4'
W 0 4-n 0 C
L.r.r
01) 0 4.)O E -
t0 Cr 0 >,
.-
a •' v 0) 40
X an ton to C J'
C) - - en
CO 44 W
0 C) y C = co
4-)a
V 'C
O
4'
E
E
0
U
c
0
b+
C y�
O L
n 0
c
ro
c O L
ro H
C)
4'
a'
E
E
0
.0
n
O)
C
or
C)
10
C)
a
n
a)
c 0
4' c
O
lT —
4.+
4-
0 W
C1
c
— ro
.0 <u
n
n ro
O C
aC)
C)
W
V
C)
1V
C)
O
L
a
a
C)
U
0
n
L
Cr
0
0
ro
0
L
Y
ro
0
n
(0
ro
V
4-)
Councilman Snyder
CV
Q
V
a)
r
4'
C1
L
O
ro
4.+
n
L
1V
>.
c
1n
C
(0
E
u
C
0
U
0
a.)
4-)
W
E
D
ro
C)
4)
4)
E
E
0
U
— c
10 -
u
01p
- a
X
C
10 0
>.i'
C
ro
a
E
0
U
C
0
In
W
C
L
4)
i+
7
0
N
a) c
_-
L
O
C
C1 C
O
E
ea
(-4)
4'
n
0
C)
4)
L
O C
L �
n
V
ro
4-)
c
4,
n
CJ
L
0
N
L
L
0
4-
L
0
4-
en
C)
W
L
L
0
4_
n
4'
m
L
4!
C.) 0)
7 n
aro
C) (1)
L L
u
O C
v C
ro
7
a in
E L
0 V
V n
L
ea
n
(1)
i'
10
L
t
V
L
v
.c
4-)
4)
4-)
V
X
w
W
4)
0
ro
n
W
0)
c
0
0
4-
CJ
4'
0)
C
4-1
C)
C)
E
t
1'
ro
C)
L
ro
E a)
t
O 4'
uv-
0
4)
C+
on
10
V
C)
n
L
0)
y
7
0
tT
C
0
E
C)
L
C)
n
L
C)
n
c
ro -
u
Qt C
L 7
10 0
a
C)
L N
a L
0
C
10 4)
4)
C
O
i'
ro
++
n
n
V
n
0
4'
10
7
0
N
+)
ro
,L
i'
c
CO
ro
d
a
a
•
n
n
a)
L
0'
0
L
a
0)
4'
4-
0
D
4)
E
L
0
4-
C
ti
AR�PACN-DESERT CITY COUNCIL MEETING,
s
1 f '�"�A11 •1
i... • • • • • •• • •- • •. • •- •. •. •, •, •� •. i�
XIV. ' CATIONS - 8
•
None
Mayor Kelly recessed the meeting at 6:0S p.m.- for dinner. The
meeting was reconvened at 7:00 p.m.
Upon motion by Wilson. second by Benson. and . unef l moos vote of the
Council. the following items were discussed prior to returning to the
Items unflnl'shed prior to the break: Awards. Presentations. and Appoint-
ment's . Oror Communications C and D. Please' see. Moose . _Met for
Counc i 1' act i on .
XV. COMPLETION Of ITEMS HELD OVER FROM 4:00 P.M. SES
None' ,
XV I . ORAL COMMUNICATIONS - C - ;..E,
MR. DANIEL BARNES, 41-613 Aventine Court, Pmiik.:De$sr ted
he was a concerned citizen who wished to be proud of the
community in which he lives. However, he said he had found it
difficult to do so because of the trash and filth along side
lots In the City and asked that the Council make aneffort to
have these areas cleaned up.
Mayor Kelly stated that staff would look Into th.ls and get
back to him relative to what would be done.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESgNTATION of Plaque of Appreciation to Mr. Charles L.
Martin for his, Service on the City's Architectural Review
Commission.
B. PRESENTATION of Plaques of Appreciation to Mr. Joseph
Gibbs and Mrs. Lois Kent for their Service on the City's
Rent Review Commission.
Mrs. Gilligan stated that Mr. Martin, Mr. Gibbs, and Mrs.
Kent had not been able to attend the meeting and that their
Plaques would be held for them by staff and given to them at a
later date.
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• . • • • • • . • • • • • • • • • • • • • • • • •
C. PRESENTATION of Plaque of Appreciation to Mr. Bruce
Romjue for his Service on the City's Advertising and
Promotion Committee.
On behalf of the City Council and the citizens of Palm Desert,
Mayor Kelly expressed appreciation to Mr. Bruce Romjue for his
time and effort on the City's Advertising and Promotion
Committee and presented him with a plaque.
D. DISCUSSION of Planning Commission Philosophy and Possible
Reconsideration of Vote for Replacement of Buford Crites
on the Planning Commission (Continued from Meeting of
March 5, 1987).
Councilman Crites moved to declare the office of Planning
Commissioner vacant, noting 1) that two members had resigned from the
Rent Review Commission; 2) a hearing had been scheduled for March 27,
1987; and 3) the Council might not wish to remove a third person from the
Rent Review Commission to put them on another commission. Motion was
seconded by Benson.
Council Comments:
Wilson: Stated that he was the one who nominated Sabby
Jonathan and sti 11 felt he would be a good Planning
Commissioner. However, removal of Mr. Jonathan from the
Rent Review Commission at this time would leave only two
experienced members. Felt it might be better to take advantage
of Mr. Jonathan's leadership on that commission until it is
fully staffed and then consider him for a different
appointment.
Benson: Agreed and stated that as liaison to that commission,
she felt its strength was between Mr. Jonathan and Mr. Gibbs as
far as technical knowledge and being able to sift through the
data submitted at hearings. Also concerned with the fact that
Mr. Jonathan is a board member of a local bank, which is
involved In development of the community, and felt there might
•be a lot of things coming up in the next year that he would not
be able to vote on.
Kelly: Has generally been the practice of the Council in
the past to give qualified people the opportunity to serve on
other boards. Felt Mr. Jonathan presents himself well, had
served faithfully. was always wel 1 prepared, and had done a
good job as chairman of the Rent Review Commission. Also felt
22
a 37
M AI!& PAWR'PESERT `1.I TY COUNCIL MEENIMlI ; • , f i7.12 40400*a
-- 0 r • r • a •r a a a. al a a a a a •, ti •
bars should be given some orientation as to what
their responsibilities are. Was in favor of staying with the
action taken byr'Council'at Its meeting of February 26, 1987.
- Mayor Kelly called for the vote on the motion to declare the
office of Planning Coemis•eloner vacant. Motion carried by a 3-2 vote,
with Councilman Snyder and Mayor Kelly voting NO.
1
•
•
Mayor Kelly 'declared the nominations open~ for that office of
Planning Coelmt's'stoner.
Councilman Wilson nominated Ms. Faith Ladlow for the office of
Planning Commissioner. Nomination was second mac i•t-
wewl§.r 'enson. Mayor Kelly reminded the - *Aet
nimetnet len*• d' not require a second.
r .:a
Upon question by Councilman Crites, Kr. P .;^•-4 ated
that he believed the voting procedure far _ ' .ti the
February 26, 1987, meeting was valid undii►+ C Pbrnla
law. He added that he was currently research, ' they' law
and would advise the Council if he foue¢.,t t the
procedure was not proper.
Councilman Wilson moved that the ballot be cast by normal
procedure. Councilman Crites moved to cast a unanimous ballot for Ms.
Faith Ladlow. Councilman Wilson withdrew his motion. Councilmember
Benson seconded the motion by Crites; motion was carried by unanimous
vote.
XVIII. PUBLIC HEARINGS
None
XIX. ORAL COMMUNICATIONS - D
None
23
I I NOTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1987
• • • • • • • • • • • • • • • • • • • • • • • • •
XX. ADJOURNMENT
Upon motion by Wilson, second by Crites, and unanimous vote of
the City Council, Mayor Kelly adjourned the meeting to Closed Session in
accordance with Government Code Section 54956.9(a), potential litigation,
said Closed Session to immediately follow adjournment of the Palm Desert
Redevelopment Agency meeting.
Mayor Kelly reconvened the meeting at 10:47 p.m. and
immediately adjourned with no action taken or announced.
ATTEST:
/
SHEILA R. GILLI4AN, CITY,/ LERK
CITY OF PALM DESERT, CA FORNIA
24
4RICH D S. KELLY, MAYy