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HomeMy WebLinkAbout1988-05-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY. MAY 26. 1988 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Benson covened the meeting at 4:00 p.m. 11. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Mr. Altman announced that Councilman Kelly was attending a CVAG transportation meeting and would not be at the City Council meeting until the 7:00 p.m. session. Present: Councilman Buford A. Crites Councilman Richard S. Kelly (arrived at 7:00 p.m.) Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson (left at 6:00 p.m.) Mayor Jean M. Benson Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/Public Information Officer Joseph Gaugush, Senior Engineer Ramon A. Diaz, ACM/Director of Community Development/Planning Kirby J. Warner, ACM/Director of Economic Development Paul S. Gibson, Finance Director Frank Allen, Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 12, 1988. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0413, WR0415, and WR0501. Rec: Approve as presented. C. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-235, Fred Waring Drive, Monterey Avenue, and Magnesia Falls Drive Medians. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject contract. 0. REQUEST FOR ACCEPTANCE OF WORK for Contract No. 00-214, Community Park Restroom Facility. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject contract. E. REQUEST FOR AWARD OF 81D for Purchase of Lowboy Tilt -Bed Equipment Trailer. Rec: By Minute Motion, award the bid for the purchase of a lowboy tilt -bed equipment trailer to Whitney Machinery in the amount of $8,506.50. F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Pavement Maintenance Project, Contract No. 00-286. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for radiant -heating pavement repairs on various streets throughout the City. G. REQUEST FOR APPROVAL of Certificate of Compliance No. 88- 1, A Subdivision - David Freedman & Co., Inc., Applicant. Rec: By Minute Motion, authorize the City Engineer to execute the subject certificate and cause said certificate to be filed for record with the Riverside County Recorder's Office. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26. 1988 • • • • • • • • • • • • • • • • • • • • t ♦ • • • H. MINUTES of the Building Board of Appeals & Condemnation Meeting of May 11, 1988. Rec: Receive and file. 1. REOUEST FOR REFUND OF FEES by Kala Management Co. for the Park Palms Development. Rec: By Minute Motion, approve the request and authorize staff to refund $11,883.50 to Kale Management Company for development fees paid on September 24, 1984. J. RESOLUTION NO. 88-46 - A Resolution of the City Council of the City of Palm Desert, California, Declaring Its Intent To Levy and Collect Assessments Within Landscaping & Lighting Assessment District No. 5 In Fiscal Year 1988- 89. Rec: Waive further reading and adopt. K. RESOLUTION N0. 88-47 - A Resolution of the City Council of the City of Palm Desert, California, Declaring its Intent To Levy and Collect Assessments Within Landscaping & Lighting Assessment District No. 81-3 in Fiscal Year 1988- 89. Rec: Waive further reading and adopt. L. RESOLUTION NO. 88-48 - A Resolution of the City Council of the City of Palm Desert, California, Declaring Its intent To Levy and Collect Assessments Within Landscaping & Lighting Assessment District No. 4 in Fiscal Year 1988- 89. Rec: Waive further reading and adopt. M. RESOLUTION N0. 88-49 - A Resolution of the City Council of the City of Palm Desert, California, Declaring Its Intent To Levy and Collect Assessments Within Landscaping & Lighting Assessment District No. 1980-1 in Fiscal Year 1988-89. Rec: Waive further reading and adopt. 3 MINUTES REGULAR PALM' DESERT CITY COUNCIL MEETING -MAY 26, 1988 • • • • • • • • • • • • • • • • • • • •- •- •- • • • N. CLAIM N0. 078 AGAINST THE CITY by Marilyn A. Kerney. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate a settlement in an amount not to exceed $100.00, subject to Claimant's execution of a Release of All Claims. Mr. Altman asked that the Item A be continued to the meeting of June 9, 1988. Upon motion by Crites, second by Snyder, the Consent Calendar, with the exception of Item A, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For introduction: A. ORDINANCE N0. 539 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 9.24.060, SUBSECTION (H) OF CHAPTER 9.24, PERTAINING TO NOISE. Mr. Wayne Ramsey, Code Compliance Inspector, reviewed the staff report dated May 4, 1988. Councilman Wilson stated he appreciated the intent of the ordinance and the problems which caused it to be written. He said he felt the intent was to prohibit commercial gardeners from operating the blowers during hours disturbing to residents in commercial areas. He felt it was too restrictive in not allowing homeowners to mow their lawns on Sundays and holidays or after certain hours Monday through Friday. When Mr. Ramsey explained that the ordinance would allow the Sheriff's Department to cite people because of noise levels, Councilman Wilson stated he did not feel residents should be cited --only commercial gardeners and those individuals who do this type of work 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1988 • . • • • • • • • • • • • • • • • • • • • • • for a living should be cited. He felt the hours indicated in the ordinance should be less restrictive. Councilman Snyder disagreed and said he did not think homeowners should be mowing their lawns early in the mornings. However, he felt that homeowners using good judgment would not be prosecuted under this ordinance. Councilman Crites said he understood Councilman Wilson's concerns but agreed with Councilman Snyder about the early morning hours. Mayor Benson said most of the complaints were coming from the commercial areas of the City. She felt the ordinance should be tried the way it is written now and if it becomes a problem, it can be looked at again. Councilman Snyder moved to waive further reading and pass Ordinance No. 539 to second reading. Motion was seconded by Crites and carried by a 3-1 vote of the Council, with Wilson voting N0. B. ORDINANCE NO. 540 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, GALIFORNIA, PROHIBITING SKATEBOARDING AND ROLLER SKATING ON ROADWAYS OR PLACES OPEN TO THE PUBLIC WITHIN COMMERCIAL DISTRICTS. Mr. Allen reviewed the staff report dated May 11, 1988, and offered to answer any questions. Mayor Benson said that all the cities In the Valley were plagued by this problem. She said she was pleased with this ordinance. Councilman Crites moved to waive further reading and pass Ordinance No. 540 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. For Adoption: A. ORDINANCE N0. 536 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 5.04.010 AND SECTION 5.06.010 OF THE CODE OF THE CITY OF PALM DESERT AS THEY RELATE TO DEFINITIONS AND CLASSIFICATIONS OF OWNER/BUILDER AND DEVELOPERS. Mr. Altman stated that no changes had been made since introduction of this ordinance and recommended its adoption. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26. 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites moved to waive further reading and adopt Ordinance No. 536. Motion was seconded by Benson and carried by unanimous vote of the Council. 8. ORDINANCE N0. 537 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DELETING SECTION 10.16.100 AND 25.58.070 AND ADDING CHAPTER 8.40, REGULATING THEPARKING AND STORAGE OF RECREATIONAL VEHICLES ON PRIVATE PROPERTY. Mr. Altman reported that no changes had been made since introduction of this ordinance and recommended its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. 537. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. ORDINANCE NO. 538 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO CITY ASSISTANCE FOR A LOW INCOME SENIOR HOUSING PROJECT. CASE NO. DA 88-1. Mr. Altman reported that no input had been received since Introduction of this ordinance and recommended its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. 538. Motion was seconded by Benson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REQUEST FOR APPROVAL OF AGREEMENT NO. 00-287 WITH COACHELLA VALLEY WATER DISTRICT FOR PARTICIPATION IN ASSESSMENT DISTRICT 87-1. Mr. Ortega reviewed the staff report dated May 16, 1988, noting that in addition to cash participation. the Coachella Valley Water District had also agreed to provide Inspection services for the installation of sewer facilities with an in -kind services cost of approximately $200,000 to them. He recommended approval of the agreement and offered to answer any questions. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NAY 26. 1988 Councilman Crites moved to, by Minute Motion, approve the Agreement No. 00-287 with the C.V. Water District for their participation in Assessment District 87-1 and authorize the Mayor to execute same. Motion was seconded by Snyder and carried by unanimous vote of the Council. XI. CONTINUED BUSINESS. None XII. OLD BUSINESS A. LETTER FROM GISBORNE, NEW ZEALAND SEEKING SISTER CITY ASSISTANCE FOR FLOOD RELIEF. Mr. Altman stated that Mayor Benson had written a letter to Glsborne stating that the Sister Cities Committee had been asked to coordinate an effort to provide some relief. He said no action needed to be taken by the Council. Upon question by Councilman Crites as to whether individuals could donate funds, Mr. Altman said this could be done through the Sister Cities Committee or City Hall. 8. REQUEST FOR CERTAIN ACTIONS DEALING WITH ASSESSMENT DISTRICT N0. 87-I. Mr. Ortega reviewed the staff report dated May 16, 1988, noting that this was for the same assessment district as the agreement with the Coachella Valley Water District just approved by Council. He said one of the resolutions in the staff report would approve the map for the district, one authorizes the levying of the assessments as indicated in the engineer's preliminary report, and the third approves the preliminary engineer's report. He added that the public hearing would be held in July. He recommended approval of all three resolutions. Councilman Snyder moved to waive further reading and adopt Resolution Nos. 88-50, 88-51, and 88-52, authorizing specific actions as outlined in the staff report initiating proceedings for Assessment District 87-1. Motion was seconded by Crites and carried by unanimous vote of the Council. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Altman reminded the Council that the CVAG General Assembly meeting was scheduled for June 6th from 1:00 to 4:00 p.m. He said the purpose of this meeting was to discuss the transportation plan, and he encouraged as many as possible to attend. 2. Mr. Altman reported that the 1988-89 Preliminary Budget was almost ready to be presented to the Council. He suggested that a date be set for some time after June 16th for the Council to sit down with Staff to discuss it. He said the public hearing would be held on June 23rd. Council concurred that the study session would be held at 8:30 a.m. on Wednesday, June 22nd. 3. Mr. Altman reported that June l6th had been set for a Joint City Council/Civic Arts Committee luncheon meeting. 4. Mr. Altman stated that he, Mayor Benson, and Mayor Pro-Tem Wilson had been meeting for the past several weeks with Canyon Cove representatives and that a public hearing would be held on June 9th relative to the assessment district. He said hopefully something could be presented to the Council that would be more affordable for everyone. B. CITY ATTORNEY None C. MAYOR ANO MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of an Ordinance Prohibiting Animal Manure in the City. (Councilman Richard Kelly) Mayor Benson stated that this item would be held over to the 7:00 p.m. session so that Councilman Kelly could be present to discuss it. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • 2. Cancellation of second meeting in July (28th) or second meeting in August (25th) - or both. (Councilman Buford Crites) Councilman Crites said he brought this item up so that a decision could be made ahead of time as to whether or not these meetings would be scheduled. Mr. Altman stated that no public hearings were scheduled for either date; however. if something were to come up, the Council could either adjourn a meeting to that date or call a special meeting. Councilman Wilson suggested that staff plan not to schedule anything for either date. If a week before the meeting it does not look like there is anything significant for the Agenda, the meeting can be cancelled. Mr. Altman responded that the City Clerk would cancel the meeting due to the lack of a quorum and adjourn to the next regular meeting. Councilman Wilson asked that the Agendas distributed the week before indicate that the meeting will be cancelled. Council concurred. o City Council Committee Reports: I. Councilman Crites stated that in the latest issue of Western Cities Magazine, he had read where the Office of Technology and Fuels is accepting applications for flexible fuel vehicle demonstration programs. He said from what he and Councilman Wilson had seen In recent Air Quality Management District presentations, Southern California is very quickly moving towards looking at methanol and various other kinds of fuel substitutes. He suggested that staff at least investigate what the requirements are for being a demonstration project and see whether or not it is appropriate for the City to participate. Council concurred, and Councilman Crites provided the information to the City Manager. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1988 • • • • • • • • • • • • • • • • • • • • -• -• -• • • 2. Councllman Crites stated that the Chamber of Commerce had prepared a detailed report of the excessive costs to administer the visitors information program for the City. At the same time, Councilman Wilson had reported on the change in focus of the Activites Promotion Committee. He said the budgets for these two programs is approximately $250,000. Councllman Crites suggested that a task force study whether or not due to the excessive costs to the Chamber and due to the change of scope for the Activities Promotion Committee, the two programs could be put together and have those services operate as an arm of City government. Councilman Wilson concurred that now is the time to look at this. Councilman Crites asked that the Mayor and City Manager appoint such a task force. Council concurred. XIV. ORAL COMMUNICATIONS - 8 MR. DOUG KINCAID, 74-850 Leslie, addressed the Council and asked what action had been taken relative to the skateboard ordinance. Mayor Benson stated that the Council had passed the ordinance to second reading. Mr. Frank Allen explained where skateboarding would be prohibited in the City. Councilman Wilson moved to adjourn to Closed Session at 4:45 p.m. pursuant to Government Code Section 54956.8, Real Property Transactions, and 54956.9 (a) and (b), Pending and Potential Litigation (Palm Desert vs. Indian Wells - Sunterra, Villages of Bella Vista, Hall vs. City of Palm Desert, and Friedman vs. City of Palm Desert); said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Benson recessed the meeting at 6:00 p.m. for dinner with no action announced. She reconvened the meeting at 7:00 p.m. I0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION NOTE: THIS ITEM WAS CONSIDERED AFTER THE AWARDS, PRESENTATIONS, AND APPOINTMENTS SECTION OF THE AGENDA. 1. Consideration of an Ordinance Prohibiting Animal Manure In the City. (Councilman Richard Kelly) Councilman Kelly stated a constituent had asked that the Council look into adopting an ordinance similar to that of the City of Palm Springs prohibiting "real" fertilizer In the City. He said the citizen was concerned not with the odor but with the fact that It drew flies. Councilman Crites moved to refer this matter to staff. Motion was seconded by Kelly and carried by unanimous vote of the Council. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. AWARD CEREMONY FOR STUDENT ART & ESSAY CONTEST - THE UNITED STATES CONSTITUTION AS SEEN THROUGH MY EYES. 1. Performance by Palm Desert Children's Choir. 2. Skit by P.O. Middle School Drama Club. 3. Mayor's Presentation of Essay/Poster Contest Awards. First place winners in the individual entry/art category: Melissa Keyes (Grade 1), Kirsten White (Grade 2), Renee McMahon (Grade 3), Eri Kawaguchi (Grade 4), Suzanne Plimpton (Grade 9), and Mike Arnold (Grade 10). Winners in the group entry/art category: Mrs. Jane Cameron's Kindergarten Class; Mrs. Donna Bowman's First Grade Class; Mrs. CInda Killebrew's Third Grade Class; Mrs. Sue Beaty and Mrs. Sherry Hicks Fourth Grade Class; Mrs. Karen Olsen's Seventh and Eighth Grade Class; Steve Silva, Chris Farley, and Paula Wilford; Nick Alessio, Jerry Hammons, Josh Diffey, and Luis Flores; and Jackie Becker, Jason Bengeter. Earnie DeLeon, A.P. Foty, and Matt Shardy. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NAY 26. 1988 Winners in the essav cateaorv: Marcus Martinez (Grade 2), Maureen Gaffney (Grade 4), Suzy Sprunger (Grade 5), Jana Nickerson (Grade 8), Rebekah Broder (Grade 10), and Octavia Howell (Grade 11). Mrs. Paula Fuller's fourth grade class at Lincoln School also received an award in the essary category. Mayor Benson also presented a plaque of appreciation to Mrs. Patricia Anderson, naming her as Honorary Curator for the City for all her efforts to keep the lobby display cases filled with interesting exhibits. Mayor Benson pointed out that this had been Mrs. Anderson's idea and was something that the residents of Palm Desert had truly enjoyed since It began. Mr. Alex Yaron presented the Desert Arts Calendar Best of Show Awards as follows: Awards for 1986 Season: Alice Abshier (Art), Mrs. McGihon's Fifth Grade Class at Lincoln School (Group Art), and Lisa Sloan (Essay). Awards for 1988 Season: Chris Farley, Steve Silva, and Paula Wilford (Group Art); and Octavia Howell (Essay). B. PROCLAMATION Declaring the Week of May 23rd as "Chamber of Commerce Week. Mayor Benson read the proclamation and presented it to Councilman Crites as a representative of the Chamber of Commerce. C. APPOINTMENT to the Rent Review Commission to Fill the Vacancy Created by the Resignation of Sabby Jonathan. (Continued from the Meetings of April 28 & May 12.) Councilman Snyder moved to continue this item to the meeting of June 23, 1988. Motion was seconded by Crites and carried by unanimous vote of the Council. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF FRED WARING DRIVE (KELLY ORDINANCE) WIDENING BETWEEN VALLEY PALMS ESTATES AND DEEP CANYON ROAD. Mr. Gaugush reviewed the staff report. Upon question by Mayor Benson, he responded that the plan would include asphalt sidewalks. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. She declared the public hearing closed. Councilman Snyder moved to: l) Waive further reading and adopt Resolution No. 88-53, enabling the City to proceed with the subject widening; and 2) By Minute Motion, authorize the City Clerk to advertise and call for bids for the construction of said widening. Motion was seconded by Kelly and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - 0 None XX. ADJOURNMENT Mayor Benson called attention to the Future Meetings listed on the Agenda and noted that she would not be able to attend the June 9th City Council meeting. Councilman Crites moved to adjourn to Closed Session at 8:30 p.m. to continue discussions pursuant to Government Code Sections previously cited. Motion was seconded by Kelly and carried by unanimous vote of the Council. ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA G L ,,: l� ? c JEAN M. BENSON, MAYOR 13