HomeMy WebLinkAbout1989-08-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 24, 1989
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER
Mayor Wilson convened the meeting at 4 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder
III. INVOCATION - Councilmember Jean M. Benson
IV. ROLL CALL
Members Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor S. Roy Wilson
Also Present:
Bruce A. Altman, City Manager
Carlos L. Ortega, Assistant City Manager/R.D.A.
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Paul A. Gibson, Director of Finance/Treasurer
Richard S. Folkers, Director of Public Works
Ramon A. Diaz, Director of Community Development/ACM
Paul Shillcock, Director of Economic Development/ACM
Patrick Conlon, Director of Building & Safety
Frank Allen, Director of Code Compliance
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of July 13,
JULY 27, and August 10, 1989, the Adjourned Meeting of
July 20, 1989, and the Special Meeting of July 24, 1989.
Rec: Approve as presented.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • 4 • • • • • • •
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrants
Dated 7/07/89 (WR0619), 7/14/89 (WR0622), 07/21/89
(WR0701), 07/28/89 (WR0704), and 8/04/89 (WR0800), .
Rec: Approve as presented.
C-I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kathleen M.
Vollstedt for Great Ideas Unitd., 41-910 Boardwalk, #B-7,
Palm Desert.
Rec:
Receive and refer to the Department of Community
Development for processing of a Conditional Use
Permit.
C-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mama Leah's.
i nc . , for Mama Leah's Italian Kitchen & Deli. 72-624 El
Paseo, #C-7 8 8, Palm Desert.
Rec:
Receive and refer to the Department of Community
Development for processing of a Conditional Use
Permit.
C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by James G.
Laier for Emerald Desert Country Club, 76-000 Frank
Sinatra Drive, Palm Desert.
Rec:
Receive and refer to the Department of Community
Development for processing of a Conditional Use
Permit.
D-1. CLAIM AGAINST THE CITY NO. 114 By Phyllis Johnson in the
Amount of $123,974.98.
Rec: By Minute Motion, deny the Claim and instruct
the City Clerk to so notify the Claimant.
D-2. CLAIM AGAINST THE CITY NO. 116 by Gilbert and Diane Olson
in an Unspecified Amount.
Rec: By Minute Motion: 1) Deny the Claim because the
incident occurred outside the jurisdictional
limits of the City of Palm Desert; 2) Direct the
City Clerk to so notify the Claimant.
2
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • ► • • • •
0-3. CLAIM AGAINST THE CITY NO. 118 by Los Lagos Homeowners
Association in the Amount of $122,130.00.
Rec:
By Minute Motion: 1) Deny the Claim because the
incident occurred outside the jurisdictional
limits of the City of Palm Desert; 2) Direct the
City Clerk to so notify the Claimant.
E-1. REQUEST FOR RATIFICATION of Change Order No. 2. Contract
No. 00-353 with ASL Consulting Engineering for Presidents'
Plaza Engineering In the Amount of $582.10.
Rec: By Minute Motion, ratify the City Manager's
approval.
F. REQUEST FOR APPROVAL of Marriott Time Share Project, Golf
Course Project Letter Agreement (Contract No. 00-385).
Rec: By Minute Motion, approve the agreement and
authorize the Mayor to execute same.
G-1. REQUEST FOR APPROVAL, of Refund of Prior Year's Plumbing
Permit for Valley Plumbing Company in the Amount of
$21.20.
Rec: By Minute Motion, approve the refund and
authorize the Department of Building & Safety to
refund $21.20 to Valley Plumbing Company.
G-2. REQUEST FOR APPROVAL. of Refund of Prior Year's Building
Permits for Vista Paseo of Palm Desert in the Amount of
$3,928.17.
Rec: By Minute Motion, approve the refund and
authorize the Department of Building 8 Safety to
refund same to Vista Paseo of Palm Desert.
H. REQUEST FOR WAIVER OF BUSINESS LICENSE PENALTY, by Nelda J.
Landers for Nelda's Gold Shop.
Rec: By Minute Motion, authorize the Code Compliance
Department to waive the penalty.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
I-1. RESOLUTION NO. 89-94 - A Resolution of the City Council of
the City of Palm Desert, California, Rescinding Resolution
No. 87-95 and Amending Resolution No. 85-121 by Increasing
the Membership of the Civic Arts Committee from 13 to 15
Members.
Rec: Waive further reading and adopt.
I-2. RESOLUTION NO. 89-95 - A Resolution of The City Council of
The City of Palm Desert, California, Taking Certain
Actions in Connection with Proposed Amendment No. 5 to the
Redevelopment Plan, As Amended, for Project Area No. 1, As
Amended, of the Palm Desert Redevelopment Agency, and
Scheduling a Public Hearing for September 28, 1989.
Rec: Waive further reading and adopt.
1-3. RESOLUTION NO. 89-96 - A Resolution of the City Council of
the City of Palm Desert, California, Supporting the
Healthy Cities Concept and Indicating the Intent To
Participate in the Project.
Rec: Waive further reading and adopt.
1-4. RESOLUTION NO. 89-97 - 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
Carlotta Drive under the Provisions of Part 3, Division 9,
of the Streets and 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.
J-1. A RESOLUTION OF THE CITY OF LOMA LINDA Pertaining to
Regional Disposal of On -Site Septage Wastes.
Rec: Refer to staff for response.
J-2. A RESOLUTION OF THE CITY OF NEEDLES. CALIFORNIA,
Pertaining to the Management of Liquid Wastes Associated
with the Maintenance, Replacement, Abandonment, or Failure
of Individual On -Site Waste Disposal Systems.
Rec: Refer to staff for response.
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
• • • • • • • • • • • • • •
AUGUST 24, 1989
• • • • • • • • • • •
K-1. MINUTES of the Palm Desert Civic Arts Committee for
Meetings of April 17 and May 15, 1989.
Rec: Receive and file.
K-2. MINUTES of the El Paseo Business Improvement Area Board
for Meetings of June 1 and July 6, 1989.
Rec: Receive and file.
L. REQUEST FOR APPROVAL OF CONTRACT NO. 00-386- DECOR PLAN
for 1989-90 Christmas Tree Program.
Rec: By Minute Motion, approve Contract No. 00-386
and authorize the Mayor to execute same.
M. REQUEST FOR CONSIDERATION of Deferment of TUMF Fee for
Residential Use.
Rec:
By Minute Motion, approve the form and
procedures and authorize the City Clerk to
record same with the Riverside County Recorder.
N. REQUEST FOR AWARD OF BID of Sale for a Surplus Property
Item.
Rec:
By Minute Motion, award one Xerox 860 Word
Processor to Linda Russell as the next highest
responsible bidder in the amount of $76.00.
O. REQUEST FOR AWARD OF CONTRACT N0. 00-369, Highway 74
Frontage Road Beautification Program.
Rec:
By Minute Motion: 1) Authorize the Mayor to
enter into Contract No. 00-369 with the lowest
bidder, Empire Landscape, in the amount of
$214,507.00, and authorize a ten -percent
contingency of $21,450.70: 2) Appropriate an
additional $120,000 from the Unallocated Street
Fund balance to the project budget.
5
MINUTES
REGULAR PALM DESERT CiTY COUNCIL MEETING
f • • • • • • • • • • • • •
AUGUST 24, 1989
• • • • • • • • • • •
P. REQUEST FOR AWARD OF CONTRACT NO. 00-368, Highway 74
Sidewalk Project.
Rec:
By Minute Motion: 1) Allocate an additional
$3,397.80 from the Unobligated Reserve to the
project budget; 2) Award Contract No. 00-368 to
Massey Sand 6 Rock Company in the amount of
$27,998.25.
Q-1 REQUEST FOR ACCEPTANCE OF CONTRACT NO. 00-298, Senior
Center Addition by Roberts Construction.
Rec:
By Minute Motion, accept the work as complete
and authorize the City Clerk to record a Notice
of Completion for Contract No. 00-298.
Q-2. REQUEST FOR ACCEPTANCE OF CONTRACT NO. 00-296, Traffic
Signal Installation at Portola Avenue & Rutledge Way.
Rec:
By Minute Motion, accept the work as complete
and authorize the City Clerk to record a Notice
of Completion for Contract No. 00-296.
Q-3. REQUEST FOR ACCEPTANCE OF CONTRACT NO. 00-234, Traffic
Signal Modification, El Paseo & Highway 74.
Rec:
By Minute Motion, accept the work as complete
and authorize the City Clerk to record a Notice
of Completion for Contract No. 00-234.
R-1. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids
for Contract No. 00-387, Maintenance of the Highway 111
Frontage Road Beautification Landscape.
Rec•
By Minute Motion, authorize the City Clerk to
advertise and call for bids for Contract No. 00-
387.
R-2. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids
for Contract No. 00-388, Maintenance of the
Landscaping/Hov1ey Lane.
Rec:
By Minute Motion, authorize the City Clerk to
advertise and call for bids for Contract No. 00-
388.
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
• • • • • • • • • • • • • •
AUGUST 24, 1989
• • • • • • • • • • •
5-l. REQUEST FOR RELEASE OF SUBDIVISION IMPROVEMENT SECURITY
for Tract Map 19619, Marriott Desert Springs Development
Corp., Applicant.
Rec:
By Minute Motion, accept the subdivision
improvements as complete and authorize the City
Clerk to release the subject improvement
securities.
S-2. REQUEST FOR RELEASE OF MAINTENANCE SECURITY for Tract No.
21602, United Properties & Investments, Applicant.
Rec:
By Minute Motion, authorize the City Clerk to
release the one-year public improvement
maintenance security for Tract No. 21602.
T. REQUEST FOR REFUND of Demolition Bond for 73-960 El Paseo,
R. Oderkirk, Applicant.
Rec:
By Minute Motion, approve the request and
authorize the Department of Building & Safety to
refund the demolition bond in the amount of
$3,200.00.
U. REQUEST FOR APPROPRIATION for Sales Tax Audit.
Rec:
By Minute Motion, appropriate $11,401 to Account
No. 110-4159-3090 from the Unobligated General
Fund balance.
V. REQUEST FOR APPROVAL of Reporting Procedures for Self -
Insured Workers' Compensation Program.
Rec: Waive further reading and adopt Resolution No.
89-98, Adopting Self -Insured Annual Reporting
Procedures for Workers' Compensation Program.
W. REQUEST FOR APPROVAL of Contract No. 00-389 with P & D
Technologies for Transportation Studies.
Rec:
By Minute Motion: 1) Approve Contract No. 00-389
with P & D Technologies and authorize the Mayor
to execute same; and 2) Appropriate $30,000 from
the Unallocated Gas Tax Fund with future
reimbursement from the Palm Desert Town Center
and the Ahmanson Corporation for their
respective facilities.
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
X. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No.
RD-184, Kicak & Associates, Engineering Services for
Assessment District No. 87-1.
Rec:
By Minute Motion: 1) Approve Change Order No. 1
to Contract No. RD-184 in the amount of
$64,988.15 for additional engineering services
in connection with Assessment District 87-1; 2)
Appropriate $22,191.50 from the unobligated
drainage fund for the drainage design to Account
No. 232-4523-3010; 3) Appropriate $9,934 from
the unobligated general fund balance to Account
No. 110-4300-3010; and 4) Appropriate $32.862.65
for street design engineering to Account No.
110-4311-3010.
Councilman Kelly asked that Items "M" and "W" be removed for
discussion under Section IX of the agenda
Councilman Crites asked that Item "0" be removed for discussion
under the same section.
Upon motion by Snyder, second by Benson, the Consent Calendar,
except Items M, 0, and W were approved as presented by unanimous vote of
the Council.
VI. ORAL COMMUNICATIONS - A
MR. DAN EHRLER, Executive Director of the Chamber of Commerce,
addressed Counc i l to inform them that the staff of the
Visitor/Information Bureau had participated in a conference at
the Marriott where they had passed out pamphlets and brochures
on Palm Desert. He said most questions to them had centered
around transportation, tours, shopping, museums, and
restaurants - and in that order. He felt the effort had been
very successful.
MR. JOHN LAVENDER, Waste Management of the Desert. addressed
Council with greetings from Palm Desert's Sister City.
Gisborne, New Zealand, where he had recently visited. He
presented gifts from the Mayor of Gisborne and told of the warm
hospitality he had been treated to during his stay there.
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
• • • • • • • • • • • • • •
VII. RESOLUTIONS
AUGUST 24, 1969
• • • • • • • • • • •
A. RESOLUTION NO. 89-99 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT
PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK
LAND CONSERVATION ACT .OF 1988 FOR THE CONSTRUCTION OF PARK
FACILITIES ON THE CIVIC CENTER SITE.
B. RESOLUTION NO. 89-100 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-
HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR
CONSTRUCTION OF PARK FACILITIES ON THE CIVIC CENTER SITE.
Mr. Altman recommended Council's adoption of the proposed
resolution as per the staff report.
Upon motion by Snyder, second by Benson, Resolution Nos. 89-99 and
89-100 were adopted by unanimous vote of the Council.
C. RESOLUTION N0. 89-101 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING A
REDEVELOPMENT SURVEY AREA TO DETERMINE IF AN ADDITIONAL
REDEVELOPMENT PROJECT OR PROJECTS ARE FEASIBLE.
Mr. Altman recommended adoption of the proposed resolution
as per the staff report.
Upon motion by Kelly, second by Snyder, Resolution No. 89-101 was
adopted by unanimous vote of the Council.
VIII. ORDINANCES
For Introduction:,
None
9
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
For Adoption:
A. ORDINANCE NO.578 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
N0. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE
FROM R-1 AND R-3 TO 0.P. NORTH OF ALESSANDRO BETWEEN SAN
JUAN AND SAN PASCUAL. CASE N0. C/Z 89-6.
Mr. Altman said that this ordinance had been introduced at
the Council meeting of July 20, 1989, and that no changes
had been recommended or made since then. He recommended
adoption.
Upon motion by Benson, second by Kelly, Ordinance No. 578 was
adopted by unanimous vote of the Council.
B. ORDINANCE NO.579 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF
ZONE FROM R-2(7) TO 0.P. TO ALLOW CONSTRUCTION OF A 4,770
SQUARE FOOT OFFICE BUILDING ON THE SOUTHEAST CORNER OF
FRED WARING DRIVE AND SAN ANSELMO AVENUE. CASE NO. C/Z
89-10.
Mr. Altman said that this ordinance had been introduced at
the Council meeting of July 20, 1989, and that no changes
had been recommended or made since then. He recommended
adoption.
Upon motion by Benson, second by Kelly, Ordinance No. 579 was
adopted by unanimous vote of the Council.
IX. CONSENT ITEMS HELD OVER
M. REQUEST FOR CONSIDERATION of Deferment of TUMF Fee for
Residential Use.
Councilman Kelly asked if these fees were not l i ke the
school fees. Mr. Folkers responded that they were but
that these were felt to be more of a hardship which
justified the deferment in some cases to the end of the
construction. He noted that the City would not be
encouraging anyone to defer the fee but would rather would
make it available to those proving inability to pay it
until the end of the construction period. The City will
have the documentation recorded to the property so that
the fees are secure.
Deputy City Attorney Doug Phillips pointed out that
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
Section 66000 of the Government Code provided for this
deferment.
Councilman Snyder moved to, by Minute Motion, approve the form and
procedures and authorize the City Clerk to record same with the Riverside
County Recorder, and Councilmember Benson seconded the motion. It
carried by unanimous vote.
0. REQUEST FOR AWARD OF CONTRACT NO. 00-369, Highway 74
Frontage Road Beautification Program.
Councilman Crites said he had pulled this item for two
reasons: First to commend Dick Folkers, John Wohlmuth,
and Eric Johnson for their outstanding work on this
project; secondly, he felt staff needed to reexamine the
project and the bids in light of the comments received
about the low bidder. He said this bidder had not done
any drought tolerant landscaping in the desert before and
that the City did not need to be experimented on. Upon
response from Doug Phillips that it was not mandatory that
the bid be awarded to the low bidder, Councilman Crites
said he would oppose such an award based on the
contractors quality of work, fitness, and capacity to
perform the work.
Mr. Folkers noted that the contractor had been notified
that the Council would be considering this award of bid as
well as the negative references received, and he had
indicated he would be at the meeting to respond. No one
from the company was present.
Councilman Crites moved to defer action on the award of Contract No.
00-369 until responsibility of the low bidder is determined with
direction to staff to contact the low bidder and ask him to respond in
writing to the concerns expressed by the City Council. Councilmember
Benson seconded the motion, and it carried by unanimous vote.
W. REQUEST FOR APPROVAL of Contract No. 00-389 with P R. 0
Technologies for Transportation Studies.
Upon question by Councilman Kelly, Mr. Altman responded
that Lee Norwine of Sunline had been involved in this and
was supporting it. Councilman Snyder noted that the
Economic Development Committee minutes had information on
what brought this about, and Mayor Wilson said that while
El Paseo was a priority with the City, the EDC Felt we
should try this first.
MINUTES
REGULAR PALM DESERT CiTY COUNCIL MUUTiAiG-
•. •. •, •, .. a. •. •. •. •. •. •. •. •.
AUGUST, 244;. 1989.
., .� *, •, • ., • •, •. •.
Councilman Snyder moved to, by Minute Motion: 1) Approve Contract
No. 00-389 with P 8 D Technologies and authorize the Mayor to execute
same; and 2) Appropriate $30,000 from the Unallocated Gas Tax Fund with
future reimbursement from the Palm Desert Town Center and the Ahmanson
Corporation for their respective facilities. Councilmember Benson
seconded the motion, and it carried by unanimous vote.
X. NEW BUSINESS
A. PRESENTATION BY PALM DESERT DISPOSAL, INC. RELATIVE TO A
GALLUP POLL PERFORMED ON ITS BEHALF.
Mr. John Lavender, Vice President of Special Projects for
Waste Management of the Desert, addressed Council stating
that his company had hired the Gallup Poll to do a survey
of its customers in Paim Desert to determine how satisfied
or dissatisfied they were. He noted that each member of
the Council had a copy of this poll and introduced Mr.
Rodney Penner of Gallup Poll to review the results.
Mr. Penner reviewed the information gathered from a
telephone survey noting the positive comments made.
Councilman Kelly asked whether or not the people being
surveyed knew when saying no to having their trash bills
added to their tax bill it would save them between 50
cents and a dollar. Mr. Penner said that no additional
information was given to the person so they probably did
not know.
Mayor Wilson asked Mr. Burke, General Manager of Waste
Management, whether or not a publicity campaign should not
be conducted about plastics being accepted for recycle
since they were not included in the first pilot program
and many people were still unaware that they could put
them out. Mr. Burke agreed and said he would look into
including such information in the bills.
Mayor Wilson commended Waste Management for the service
they were providing which as a result of the poll appeared
to be well accepted by the Palm Desert residents.
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
8. CONSIDERATION OF AN APPEAL OF ARCHITECTURAL REVIEW
COMMISSION DECISION DENYING A REQUEST FOR APPROVAL OF AN
INTERNALLY ILLUMINATED BUSINESS IDENTIFICATION SIGN - CASE
NO. 1590 SA/WESTERN MUTUAL ESCROW SERVICES. APPELLANT.
Mr. Diaz reviewed the staff report and stated that the
Architectural Review Commission had denied the request
based on four findings: 1) Internally illuminated can
signs would not be compatible with existing signage in the
area; 2) The proposed signs do not relate well to the
building architecture; 3) The sign program for the
building has not been submitted and as a result. this
cabinet sign, if approved, would likely become the
standard for the rest of the building; 4) Signs hanging
between arches are inappropriate.
MR. JAMES DUNN, 13802 Diodar Street, Santa Ana, spoke on
behalf of the applicant. He said that the examples used
at the ARC meeting had been the signs of an eye doctor and
a dentist, neither of which usually needs signage. He
said this particular business was an escrow company which
is open in the early evening hours, and a lighted sign was
necessary for customers to find the business. He said
that the proposed sign had rounded corners to blend with
the cactus garden in front of the building. With regard
to the sign program for the entire building, he said that
they had come up with potentially three signs for the
three tenants. Also at the suggestion of staff, they had
removed a sign from the top and placed it in line with the
others for a more uniform look. He said they agreed with
the Commission that signs in arches are not appropriate.
Councilman Crites said the key issue involved was whether or
not the City wants to start putting internally lit signs up and
down Monterey Avenue. He personally would like to thank the
Architectural Review Commission for its courage in saying no to
this request as he felt it was an aesthetically inferior
quality sign. He said the signs for both the eye doctor and
the dentist were excellent examples of good taste.
Councilmember Benson agreed with Crites and said that if
Council allowed this one, it would have to allow all the others
that would follow. Monterey was a scenic entry to the City.
and there was nothing scenic about internally lit signs.
Councilman Crites moved to uphold the findings of the Architectural
Review Commission and deny the appeal. Councilmember Benson seconded the
motion, and it carried by unanimous vote.
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • * • • • • • • • • •
C. REQUEST FOR APPROVAL OF PARKING LOT TREE PROGRAM.
Mr. Altman said the staff report was self-explanatory and
offered to answer any questions Council might have.
Councilman Crites expressed sincere thanks to the staff for
this program which in his estimation was an excellent one and
one which moved the City forward. He said what was still
missing, however, was something in the program that would
guarantee maintenance of planted trees and thus continued
growth. He added that establishment of a program that would
fertilize existing trees would aid to that end as well.
Mr. Woh l muth responded that this was the first phase of the
Master Tree Plan; the two items mentioned by Councilman Crites
would be added to future phases.
Councilman Crites moved to, by Minute Motion, direct staff to
prepare a Parking Lot Tree Ordinance which can be utilized and included
as a condition of approval for privately constructed and publicly
constructed parking lots. Councilman Snyder seconded the motion, and it
carried by unanimous vote.
D. INFORMATIONAL ITEMS:
1. UPDATE ON PALMER CABLEVISION.
Mr. Ortega reported that he had issued a staff
memorandum to the members of the City Council
outlining each cable complaint as well as the
disposition of each.
Xi. CONTINUED BUSINESS
A. CONSIDERATION OF THE APPROVAL OF A PRECISE PLAN OF DESIGN
TO ALLOW CONSTRUCTION OF A 5,770 SQUARE FOOT OFFICE
BUILDING ON THE SOUTHEAST CORNER OF FRED WARING DRIVE AND
SAN ANSELMO AVENUE. CASE NO. PP 89-10.
Mr. Diaz reviewed the staff report noting that this item
had been continued from the meeting of July 20th for
preparation of the proposed resolution which includes all
the conditions imposed by the City Council at that time.
He requested the addition of two conditions which would
require the applicant to comply with the Master Parking
Lot Tree Program and their sign program to be submitted
prior to the issuance of a Certificate of Occupancy.
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
Councilman Crites moved to waive further reading and adopt
Resolution No. 89-93. as amended to include a condition requiring
compliance with the Master Parking Lot Tree Program and their sign
program to be submitted prior to the issuance of a Certificate of
Occupancy. Councilman Kelly seconded the motion, and it carried oy
unanimous vote.
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF NOMINEES FOR CITY ENVIRONMENTAL
AWARD OF EXCELLENCE.
Councilman Kelly moved to. by Minute Motion, approve the request and
direct staff to proceed with awards and to further direct staff to
nominate the Newman Center when it is completed. Councilman Crites
seconded the motion, and it carried by unanimous vote.
B. REQUEST FOR APPROVAL OF CERTIFICATE OF TERMINATION OF
CHARTER COMMUNITIES DEVELOPMENT AGREEMENT.
Mr. Altman said that the staff report was self-explanatory
and offered to answer questions of Council, if any.
Councilman Snyder moved to, by Minute Motion, approve the request
and authorize the Mayor to execute after approval by the City Attorney.
Councilmember Benson seconded the motion, and it carried by unanimous
vote.
C. CONSIDERATION OF FINAL REPORT ON CITY OF PALM DESERT
CURBSIDE RECYCLING PILOT PROGRAM.
Mr. Wohlmuth reviewed the staff report and the three
options available to Council: 1) Renegotiation of Waste
Management of the Desert's franchise prior to its
expiration date of June 30, 1 991 ; 2) Do not include
recycling in the franchise but rather contract for
recycling separately; 3) Put the franchise out to bid.
He added that the pilot recycling program produced 371
tons of recycled material, and 80% of the residents in the
program participated - 40% higher than anticipated at the
outset as the program's goal.
He concluded his report by stating that the pilot program
was up on July 26th and that the program had an
approximately $5,000 balance. He recommended that the
Council direct staff to renegotiate the franchise for
refuse services with Waste Management of the Desert.
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
Councilman Crites stated he would prefer delaying action until
staff could determine costs associated with each alternative
mentioned. Since the account had a surplus balance, this could
be accomplished with no interruption in the program.
Councilmembers concurred, and staff was so directed.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Request for Funding from the July 4th Greater Fire
Works Committee.
Mr. Altman said this request had come in since
posting of the agenda and asked Council's
consideration of adding it.
Upon motion by Benson, second by Wilson, the item was added to the
agenda by unanimous vote.
Mr. Altman read a letter from the Committee which
asked the City of Palm Desert to contribute $646.50
to overall $3,879.00 deficit experience from the
staging of the fireworks display. He recommended the
City participate by paying the requested amount.
Mayor Wilson stated that the City benefited tenfold the amount
asked for in the way of promotion.
Councilmember Benson moved to approve the request for payment of
$646.50 to the July 4th Greater Fire Works Committee, and Councilman
Kelly seconded the motion. It carried by unanimous vote.
B. CITY ATTORNEY
Mr. Phillips noted that Council should adjourn to Closed
Session in accordance with Government Code Section
54956.8, real property acquisition (One Quail Place),
Section 54956.9 (a) and (b) pending and potential
litigation, and Section 54957, personnel.
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
C. MAYOR AND MEMBERS OF THE CITY COUNCIL,
o City Council Requests for Action:
1. Proposal for Continuing the Art -In -Public Places
Program at the Corner of Fred Waring Drive and
San Pablo Avenue on the Civic Center Site -
Mayor Pro-Tempore Crites.
Councilman Crites referred to the memorandum he
had distributed to Council for the meeting. He
said that if Council wanted a statue at the
corner, then it should allow staff to follow
this procedure of selecting three artists to
prepare maquettes.
Mayor Wilson said he remembered directing staff
to schedule a joint meeting of the Council,
Civic Arts Committee, and Public Art
Subcommittee to discuss what course to follow.
He said he preferred waiting until after such a
meeting before taking action. He said dialogue
with these people might help the Council decide
whether or not that site is appropriate, if the
theme is appropriate, and whether impressional
or abstract is better.
Councilmember Benson agreed with Mayor Wilson
and said the last thing she wanted at this point
was three more maquettes. She felt the joint
meeting would be helpful to the Council.
Councilman Kelly agreed and suggested scheduling
the joint meeting for the next regular meeting
of the Civic Arts Committee on Monday, September
l8th, at 12:30 p.m. Councilmembers concurred,
and Mrs. Gilligan was directed to notify all
Parties. She stated that it would be a luncheon
meeting.
2. Draft Resolution on H.R. 2323 and South Coast
Air Quality Management District Memo of July 12,
1989 - Mayor Wilson.
Mayor Wilson said he had asked that this be
placed on the agenda for consideration of
support of this resolution. He said it is the
most appropriate of all the various clean air
proposals for the nation.
17
MINUTES
REGULAR PALM DESERT CiTY COUNCIL MEETING
AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
Upon motion by Crites, second by Snyder, Resolution No. 89-117,
supporting Draft Resolution H.R. 2323, was adopted by unanimous vote of
the Council.
3. Consideration of Support of Moreno Valley's
Position on H.U.D. Housing Repossessions-
Councilmember Benson.
Councilmember Benson said that as Chairwoman of
the Mayors' & Councilmembers' Conference, she
was asking each member City Council to take a
Position on Moreno Valley's request. She
recommended supporting it.
Councilman Kelly moved to support Moreno Valley's Position on H.U.D.
Housing Repossessions, and Councilman Crites seconded the motion. Motion
carried by unanimous vote.
o City Council Committee Reports:
San Tropez Villas Daily/Weekly Rentals:
Councilman Crites said he had read an advertisement
in the L.A. Times for daily/weekend rentals at the
San Tropez Villas. He said he did not believe that
the project was zoned for that and he certainly never
intended for it in his approval of the project. He
said that in checking with staff, San Tropez does
have a permit to rent to transient occupants, but the
development agreement for the project does not allow
it. He asked for permission to send it to staff for
a report and recommendation at the next meeting.
Council concurred, and staff was so directed.
Observance of Martin Luther Kinq Day
Councilman Crites asked that the matter of the
observance of Martin Luther King Day be placed on the
next City Council agenda for action. Mr. Altman said
he would have it placed on the September 14th agenda.
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
XIV. ORAL COMMUNICATIONS - 8
None
DINNER RECESS
After convening the Redevelopment Agency meeting. Councilman Snyder
moved to adjourn to Closed Session for the purposes stated by the Deputy
City Attorney. Councilman Kelly seconded the motion, and it carried by
unanimous vote. Mayor Wilson adjourned to Closed Session at 5:50 p.m.
Mayor Wilson reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
A representative of Chazan Development addressed the Council
asking that it reconsider its action on the agenda items which
approved a precise plan (Resolution No. 89-93) and a zone
change (Ordinance No. 579). He asked that the approval be
based on the site plans submitted weeks ago because of their
inability to negotiate with the adjacent property owner.
At this point, Mr. Diaz recommended that Council continue the
matter for two weeks by rescinding its earlier action on
Resolution No. 89-93. He said that the adoption of Ordinance
No. 579 would have no bearing on this gentleman's request.
Upon motion by Benson, second by Wilson, Council's previous approval
of Resolution No. 89-93 was rescinded, and the matter was continued to
the meeting of September 14, 1989, by unanimous vote.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PLAQUE To The Reverend Dean W. Miller for
28 Years of Community Service.
Mayor Wilson read the wording of the plaque for The
Reverend Miller and noted that it had been presented to
Mrs. Miller earlier in the week so that she could deliver
it to him in the hospital in Los Angeles.
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
. • • . * . . . . . • . . . . • . . . . . * . . .
B. APPOINTMENT TO THE PLANNING COMMISSION To Fill The Expired
Term of Sabby Jonathan.
Upon motion by Crites and second by Kelly, Sabby Jonathan was
reappointed to the Planning Commission to serve a four-year term by
unanimous vote.
C. APPOINTMENTS TO THE ARCHITECTURAL REVIEW COMMISSION To
Fill The Expired Terms of Mary Drury and Russell McCrea.
Councilman Crites said he and Councilmember Benson had
visited about these appointments. He said that the
Chamber of Commerce had expressed interest in expanding
the philosophy and expertise of the Commission,
particularly in light of the sign ordinance review and
proposed revision. He said both he and Councilmember
Benson agreed and felt the Council should go forth and
solicit applications from individuals to see who is
available before making any further appointments.
Councilman Kelly said he felt that Russell McCrea had been
a good member of the Commission and one whose attendance
record was excellent. He felt Mr. McCrea should be given
strong consideration for reappointment, and Councilman
Crites agreed this would be done.
Councilman Crites moved to continue the matter to the meeting of
September 28, 1989, and ask staff to set up appropriate interviews.
Councilmember Benson seconded the motion, and it carried by unanimous
vote.
D. APPOINTMENT TO THE EL PASEO IMPROVEMENT AREA BOARD To Fill
Vacancy Created By The Resignation of Robert Sorrentino.
Upon motion by Snyder, second by Benson, Mr. Bob Barrett was
appointed to fill the unexpired term of Robert Sorrentino by unanimous
vote.
XViii. PUBLIC HEARINGS
A. CONSIDERATION OF THE ADOPTION OF RIVERSIDE COUNTY
ORDINANCE NO. 630.1 AND COUNTY RESOLUTION NO. 89-148 BY
REFERENCE DEALING WITH CAT TRAPS. (Continued from the
meeting of July 20, 1989).
Mayor Wilson declared the Public Hearing open and asked staff
for its report.
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
. . . . . . . . . . . . . . . . . . . . . . . .
•
Mr. Allen stated that the County of Riverside Animal
Control Department would not issue cat traps to Palm
Desert residents unless the City had an ordinance and
companion resolution on the books. Upon question From
Council as to how many are issued in the City, Mr. Allen
responded the number was few.
Councilman Crites noted that he had rented cat traps From
the County to trap Jack rabbits. Upon question from
Council as to how many he had caught, he said "there has
been a paucity of positive results."
Mayor Wilson invited testimony in FAVOR or in OPPOSITION to the
issue, and none was offered. He declared the hearing closed.
Councilman Snyder moved to direct staff to prepare the necessary
ordinance and resolution. Councilman Crites seconded the motion, and it
carried by a 4-1 vote with Councilmember Benson voting NO because of her
love of cats.
B. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DEVELOPMENT, A
DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 13-UNIT
SENIOR PROJECT AT THE SOUTHEAST CORNER OF CATALINA WAY AND
SAN CARLOS (CABLE & RYLEE, APPLICANT).
Mayor Wilson declared the Public Hearing open and asked staff
for its report.
Mr. Diaz reviewed the report and recommendation. He noted
that there had been no opposition at the Planning
Commission hearing.
Mayor Wilson invited testimony in FAVOR of the request, and the
following individual spoke:
MR. WENDELL RYLEE addressed Council as the applicant and
in support of the staff report and recommendation.
Mayor Wilson invited testimony in OPPOSITION to the request,
and none was offered. He declared the hearing closed.
Councilmember Benson moved to waive further reading and adopt
Resolution No. 89-102 and to waive further reading and pass Ordinance No.
502 to second reading. Councilman Kelly seconded the motion, and it
carried by unanimous vote.
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
C. REQUEST FOR APPROVAL OF A BINGO PERMIT FOR THE PALMS TO
PINES ROTARY CLUB.
Mayor Wilson declared the Pubic Hearing open and asked staff
for its report.
Mr. Alien reviewed the report and recommendation.
Mayor Wilson invited testimony in FAVOR of or in OPPOSITION to
the request, and none was offered. He declared the hearing
closed.
Councilman Kelly moved to, by Minute Motion, approve the request and
authorize staff to issue said permit. Mayor Wilson seconded the motion,
and it carried by unanimous vote.
0. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
DECISION DENYING APPROVAL OF A GENERAL PLAN AMENDMENT FROM
RESIDENTIAL (MEDIUM DENSITY, 5-7 DU/AC) TO OFFICE
PROFESSIONAL; CHANGE OF ZONE FROM PR-5 N S.P. (PLANNED
RESIDENTIAL 5 DU/AC, NATURAL OVERLAY, SCENIC PRESERVATION)
TO O.P. (OFFICE PROFESSIONAL) AND A PRECISE PLAN OF DESIGN
FOR AN 11,000 SQUARE FOOT RESTAURANT ON THE FRONT OF 2.67
ACRES PRESENTLY ZONED PC-4 N (RESORT COMMERCIAL, NATURAL
OVERLAY) AND 114,800 SQUARE FEET OF PROFESSIONAL OFFICES
ON THE 8.62 ACRES SUBJECT TO THE ABOVE NOTED GENERAL PLAN
AMENDMENT AND ZONE CHANGE REQUESTS. SAID. PROPERTY IS
LOCATED ON THE NORTH SIDE OF HIGHWAY 111, AT THE EAST CITY
LIMIT (BERNARD DEBONNE, APPLICANT).
Mayor Wilson declared the Public Hearing open and asked staff
for its report.
Mr. Diaz reviewed the staff report and recommendation for
approval of the project. He said that the property was of
an unusual shape but that all concerns had been mitigated
by the proposed conditions of approval. He noted that
Council had received a letter of opposition from Mr. R.
Schmid, the owner of the property adjacent to the proposed
project.
Mayor Wilson noted that the Planning Commission had expressed
concern over this project's access to the highway yet staff was
recommending approval without resolution to that. Mr. Diaz
responded that it would be right turn in only to the project.
Mayor Wilson asked if the Chairman or a representative of the
Planning Commission had been invited to the meeting to express
22
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
•
• • • • • • • • • • •
• • • • • • • • • •
that group's concerns, and Mr. Diaz responded no one had been
invited. He said the Council had the option of sending it back
for further clarification and report, having a representative
here at the next meeting, or upholding the findings of the
Commission.
Councilman Crites asked if the property were developed as it is
zoned, would the issues of access and traffic be lessened. Mr.
Diaz responded that the PR-5 zoning would create less traffic.
Councilman Crites noted that the property in Indian Wells just
adjacent to this was zoned residential so it would be
consistent to leave this residential.
Mayor Wilson invited testimony from the appellant, and the
following spoke:
MR. ROBERT RICCIARDI, 45-275 Prickly Pear Lane, Palm Desert,
said the letter from Mr. Schmid was in opposition to the Indian
Wells zoning of its land as affordable housing. He said the
property to the east was limited commercial. He said the
project would cover only 24% of the lot and that the office
professional zoning would create less traffic and only five
days a week. He said the hotels, offices, shopping center, and
restaurant across the street worked well with an access road in
place as would this project.
He pointed out that the property had an old flood control
problem which this project would resolve, noting too that he
had spoken with Mayor Oliphant in Indian Wells who said they
would be very happy to get it resolved. He said they were
interested in working with both cities to solve not only that
problem but also to mitigate the concerns over access and
traffic.
He said that the main objection of the Planning Commission was
that of traffic. One member said he would not vote for the
project because he did not want to see any development on the
property.
He concluded by saying that staff had looked at the project
very well and that they were in concurrence with staff's
recommendation. He asked Council's favorable consideration in
sending it back to the Planning Commission with direction to
focus on traffic and flood control. Then they would have
something to move forward with.
MR. HAROLD HOUSLEY addressed Council in support of sending it
back to the Planning Commission to work out that body's
23
MINUTES
REGULAR PALM DESERT CiTY COUNCIL MEETING AUGUST 24, 1989
• • • • • • • • • • • • • • • • • • • • • • • • •
concerns first.
Mayor Wilson invited testimony in FAVOR or in OPPOSITION to the
appeal, and no one spoke. He closed the hearing.
Council Comments:
Crites: Thought the project had very poor access and that it
would create massive traffic in an area that didn't need any
more. Felt single-family homes would not be practical but
multi -family units would be. Price of housing might be less
next to a hotel. Seriously doubted that Planning Commission
voted unanimously to deny it because of one Commissioner's
comments as had been mentioned by the appellant.
Kelly: Felt something should be worked out so that the change
of zone would off set problems with traffic and flood control.
Felt the property was logically commercial on the front or
office professional. Said he felt the Planning Commission
denied it because the problems had not been worked out.
Favored sending it back to them.
Benson: Disagreed with Crites that housing should go there
unless it would fit in with that of Indian Wells' affordable
housing. Opposed approval of something to be built in phases.
Didn't want something built that was going to stand empty.
Wilson: First reaction was that Office Professional was not
undesirable. However, in no way could approve the project as
it was. Would like to see developer get together with property
owner to the east, Planning staff, and Indian Wells staff and
talk about reasonable uses of both parcels. Was not sure
sending it back to the Planning Commission at this point was
the answer.
Upon question by Counciimember Benson, Mr. Diaz responded that
no action on the appeal would allow staff an opportunity to
work with the developer and Indian Wells before taking the
matter back to the Planning Commission. Denying the appeal at
this time would force the applicant to start over.
Councilman Crites asked that staff be encouraged to look at a
variety of use options; perhaps R-1 is not appropriate but
some other type of housing with more density might be.
Mayor Wilson reopened the public hearing.
Councilman Kelly moved to continue the matter and refer it to staff
24
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 1989
. . * . . . * . * . . . . . . . * * . . . . . . .
to work out the problems with the adjacent property owner and the City of
Indian Wells. Councilman Snyder seconded the motion. With the
appellants agreement to a continuance, the Council voted unanimously to
approve the motion.
XIX. ORAL COMMUNICATIONS - 0
MR. DAN EHRLER. Executive Director of the Chamber of Commerce.
addressed Council and expressed his appreciation for the
approval of the money for the fireworks. He said once again
Palm Desert had taken the lead for providing a very special
event for the entire valley.
XX. ADJOURNMENT
Upon motion by Snyder, 'second by Kelly, and unanimous vote of the
Council, Mayor Wilson adjourned the meeting at 8:20 p.m.;
ATTEST:
SHEILA R. GIL IGAN, C
CITY OF PALM IESERT,
—4' pJ
CLERK
LIFORNIA
25
:44
Y iI LSON , Mp'YOR