Loading...
HomeMy WebLinkAbout1989-02-091 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 9, 1989 CIVIC CENTER COUNCIL CHAMBER s s a a s s s s r a a • s ; 8 a a f s a 8 s a s I. CALL TO ORDER Mayor Wilson convened the meeting at 4 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Buford A. Crites III. INVOCATION - Councilman Richard S. Kelly 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 Greg Holtz, Acting Director of Public Works Ramon A. Diaz, Director of Community Development/ACM Patrick Conlon, Director of Building F. Safety Wayne Ramsey, Acting Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 26, 1989. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 • • • • • a • • a • • • • a • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR 0104 and WR 0107. Rec: Approve as presented. C. CLAIM NO. 093 AGAINST THE CITY by Summit Homeowners Association for Indemnity. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D. CLAIM NO. 096 AGAINST THE CITY by Rand Morris in the Amount of $3,308 for Alleged Damages. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. E. REQUEST FOR APPROVAL of Final Tract Map 23929, Temple Development Company, Applicant. Rec: Waive further reading and adopt Resolution No. 89-13, approving Tract Map 23929. Mayor Wilson noted that the minutes of the January 26, 1989, meeting had a typo in reference to the Center for Leisure Research in that they stated U.C. Riverside, and they should be University of California at Riverside. He asked that this be corrected. Upon motion by Benson, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. TED SHOWALTER, 74-254 Aster, Palm Desert, asked to address the issue of Pop Warner Football and was advised that it was an agenda item and should be discussed at the time it came up on the agenda. VII. RESOLUTIONS None 2 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 s s • • s s • • s s • • s • • • s s • s • • s • s VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 567 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING 9.50 OF THE MUNICIPAL CODE RELATING TO MOBILE HOME PARK RENT REVIEW. Upon motion by Crites, second by Kelly, Ordinance No. 567 was passed to second reading by unanimous vote of the Council. For Adoption: None IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DENIAL OF PLANS FOR TWO NEW CENTER IDENTIFICATION SIGNS FOR THE COLUMBIA CENTER LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND HIGHWAY 74. Mr. Diaz reviewed the staff report and the Architectural Review Commission's justification for denial of the request. He said that staff agreed that the proposed sign was not in keeping with the image the City wished to portray and also recommended denial. Upon question by Crites, Mr. Diaz responded that the decision of the Architectural Review Commission was unanimous. MR. MIKE STANLEY, Imperial Sign Company, Indio, addressed the City Council in support of the sign and stating that it had been reduced twice and had still been denied. He said there were several stores in the back of the center that did not have signage on El Paseo. He said he only wanted to be able to use the ordinance as it is written and that his proposed sign did conform to the ordinance. Mr. Diaz stated that the key wording was that they have a right to the sign provided they are approved by the 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 • • • • a • • a • • • • • • a • • • • • • • • a • Architectural Review Commission and in this particular case, it did not approve it. Councilman Kelly felt that the sign ordinance should be followed, and he did not agree that this request followed the ordinance. Councilman Crites said he had voted against the Town Center sign and that he was opposed to this one as well as it attempted to be a menu display. The fact that there is wording in the ordinance to allow such a sign is not justification to do so. Upon motion by Crites, second by Benson, and unanimous vote of the council, the Architectural Review Commission denial was upheld. B. CONSIDERATION OF AN AMENDMENT TO SECTIONS 5.04.210 AND 5.04.220 DEALING WITH A GRACE PERIOD FOR DELINQUENT BUSINESS LICENSE ACCOUNTS. Mr. Ramsey reviewed the staff report noting that a City Council subcommittee had recommended it. In essence, the ordinance revision reduced the grace period for the filing of business licenses from 45 days to 10 days. Upon question by Crites, he responded that none of the other cities have a grace period over 30 days; some have no grace period. Upon motion by Snyder, second by Kelly, Ordinance No. 568 was passed to second reading by unanimous vote of the Council. C. REQUEST FOR SCHEDULING OF PRESENTATION TO THE CITY COUNCIL ON A 79-ACRE MULTI -USE DEVELOPMENT PLAN. Mr. Alex Yaron asked that this item be held for a few minutes awaiting the arrival of the applicant he represented. Council agreed to continue to a later portion of the agenda. The item was considered immediately after Old Business on the Agenda when the applicant, Mr.Lundine, arrived. Mr. Diaz reported that the applicant was seeking rezoning on 20% of the property from PR-5 to Commercial. However, staff did not feel there was justification for this change of zone nor did the Planning Commission when it was presented in a study session. MR. ALEX YARON spoke on behalf of the applicant and stated that there was no quorum during the Planning Commission 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 a a a a a a a a a a a a a a s a a a a a a a a a s study session and the Economic Development Committee only said that the project needed a greater feasibility study. He said they were prepared to do that but needed indication from the Council as to whether on not it would consider changing the zone. HR. HERB LUNDINE, applicant, described the project and presented renderings and site plans for it. He noted that it would include an artists colony, a performing and visual arts center, and three art galleries. He said that representatives from the Riverside County Arts Foundation were present to offer their support if Council desired to hear any. He noted that representatives of Albertson Markets was present as well to elaborate on their market study which they felt indicated that additional convenience retail was badly needed in this area. Council Comments Crites: As far as he was concerned, it may be a fine project but until convinced of a need to change the zone, he saw no need to discuss it further. He said that he had heard no evidence that the existing zoning was not appropriate, and this project could be placed somewhere else. Mr. Lundine responded that his market surveys indicated that other locations such as Monterey Avenue and Gerald Ford Drive were not good for convenience retail, but Councilman Crites disagreed. Kelly: Said he found it very difficult to consider the issue one way or the other without it going through the formal approval process required by law. He said he could offer no opinion without it going through the process which would review it from all points of view. Benson: Said she would be very hesitant to change the zone as she believed PR-5 was the best zoning for it. She said convenience was not the only issue for consideration and while she thought it a fine project, it was not for this location. Snyder: Said it looked like a good project but he was unwilling to voice any opinion on the merits of changing the zone without it going through the normal approval process. Wilson: Advised the applicant that he was not going to get a commitment from the Council and that the only way it would 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • listen to arguments was if he were to proceed through the regular approval process. C. REQUEST BY ASSEMBLYWOMAN BEV HANSEN FOR SUPPORT OF AB SS DEALING WITH MOTORCYCLE SAFETY. Councilman Crites said that this particular bill was an attempt to find a compromise for the bill that was vetoed the previous year, and he did not feel it was a good compromise in that it applied to only those riders under the age of 21 years. Mayor Wilson advised that Assemblyman Floyd had reintroduced his bill which had passed last year but been vetoed by the Governor. Upon motion by Crites, second by Kelly, the request was received and filed with no action. D. INFORMATION ITEMS: 1. Update on Palmer CableVision. Mr. Ortega noted that the City had filed an appeal of the recent FCC decision. He said staff was continuing to work the company for improved service. In addition, he said he had completely reviewed both the enabling ordinance and the cable franchise agreement and would be providing the Council with a full report on what course of action should be followed. Councilman Kelly said he still got lots of complaints about the television service and asked if the City kept a log of complaints coming in daily. Mr. Ortega responded that staff did. Councilman Kelly said that Rancho Mirage was doing this to build a case for breaking its franchise with Palmer and thought we should be thinking along those lines as well. Mr. Ortega said he would contact Rancho Mirage to determine what action it was taking. Mayor Wilson said that he, Mr. Ortega, and Mr. Altman met with the manager of Palmer Cablevision and recommended that they hold a public forum to meet with people dissatisfied with their service. He said Palmer had agreed to do this, and the forum was scheduled for March 2nd in the Council Chamber. He also noted a newspaper article that stated that U. S. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1969 s a a a s a s a s a a a s s s s a * s s s s ; s s Senator Metsinbaum was going to introduce federal legislation that would reinstate regulation of cable companies and urged constituents to write him if they supported such a bill. Councilman Crites suggested investigation the bi 11 and placing a generic ad in the local newspapers advising people to write of their opinions -- good or bad. XI. CONTINUED BUSINESS A. REQUEST FOR AWARD OF CONTRACT 00-296 - Traffic Signal Installations at Portola Avenue and Rutledge Way. Councilman Kelly moved to, by Minute Motion, award Contract 00-296 to Signal Maintenance, Inc., the lowest responsible bidder, in the amount of $70,875.00 and authorize a ten -percent contingency reserve in the amount of $7,087.50, and Councilmember Benson seconded the motion. The motion carried by a 3-2 vote with Crites and Wilson voting NO. B. REQUEST FOR APPROVAL OF THE ASSESSMENT OF A PERMIT FEE FOR HOME OCCUPATIONS. Mr. Altman recommended tabling of this issue to allow staff time to further investigate it. Councilman Snyder moved to, by Minute Motion, table the matter, and Councilman Crites seconded the motion. Motion carried by unanimous vote. C. CONSIDERATION OF THE APPOINTMENT OF A COUNCIL LIAISON TO THE EL PASEO BUSINESS DISTRICT BOARD. Mayor Wilson said that after reviewing staff recommendations against Council's sitting in on these meetings, he would recommend that the new Director of Economic Development Paul Shillcock be appointed liaison. Councilman Crites moved to send a letter to the El Paseo Business Improvement Area board noting the appointment of the Director of Economic Development as liaison. Councilman Kelly seconded the motion. Motion carried by unanimous vote. XII. OLD BUSINESS A. CONSIDERATION OF FUNDING REQUEST FOR POP WARNER FOOTBALL PROGRAM AND RELATED RECOMMENDATION FROM PARK 8 RECREATION COMMISSION. Mr. Diaz reviewed the staff report and the recommendations of the Park 8 Recreation Commission. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 s a 8 s a s * a a s s * a s r a s i a a s s s s Councilman Crites noted that representatives were present to address Council and felt they should be heard. However, he did not feel the Council should take any action on the request but rather should ask the group to submit a written proposal to the Council for consideration at another meeting. MR. DONATO RODRIQUEZ spoke on behalf of Pop Warner Football and stating he represented the conference, not the association. He said they had made no recommendation to ask the City for funding and asked that Council take not action on the request until his organization could investigate the source of the request. MR. TED SHOWALTER, representation of the association, said he and Mr. Jon Downs had met with the Mayor who had sent them to the Parks 8 Recreation Commission and specifically to Ray Diaz for agenda placement. He said that Mr. Downs had attended the meeting and had been treated very rudely and unfairly by members of the Commission. He said Mr. Downs was just there to tell the Commission that the organization was here as an alternative to soccer. Upon question by Council, he said they would be willing to submit a written proposal. Councilman Crites moved to take no action and invite the Pop Warner Football Association and/or Conference to submit information and a proposal to the City Council for consideration. Councilmember Benson seconded the motion, and it carried by unanimous vote. B. REQUEST FOR APPROVAL OF THE INITIATION OF AN ENVIRONMENTAL AWARD OF EXCELLENCE. Mr. Diaz reviewed the staff report and recommended that these awards be given annually. Councilman Kelly said they would be more meaningful if given as the project was completed and it would be more encouragement for others to improve their properties. He suggested staff look into the type of plaque that Sunline used and purchase something similar. Mayor Wilson said while he concurred with the concept, he did not want it confused with improvements being made by a developer that were required by the City as part of their development's approval. Staff was directed to implement the program with a plaque 1 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 • • * • • • • a • • • a • • • • • • a • • • • • similar to the one used by Sunline, an example of which Dick Kelly will provide to staff. C. CONSIDERATION OF THE INSTALLATION OF SIDEWALKS ON PORTOLA AVENUE. Mr. Holtz reported that as soon as the front-end loader was received, the City's crews would install a path along this area for pedestrians. It should be completed by the end of March. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Update on Recommendations from Economic Development Committee Relative to El Paseo Improvements. Mr. Altman reviewed the staff report and advised that since the preparation of the agenda, the need for an appropriation for the engineering contract for the realignment of the President's Plaza Parking Lot had arisen. He asked for Council action to add It to the agenda. Upon motion by Snyder, second by Benson, and unanimous vote of the Council, the item was added to the agenda for consideration. Upon motion by Crites, second by Benson, and unanimous vote of the Council, $34,240 was appropriated from the Unobligated Reserve for the engineering of the parking lot improvements. B. CITY ATTORNEY Mr. Erwin advised the need for a Closed Session. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Proposed Legislative Retreat for City/County Officials - Councilmember Jean M. Benson. Councilmember Benson said that a letter had been sent to all members of the Riverside County Mayors' & Councilmembers' Conference seeking their interest in a retreat with the Board of Supervisors. She noted that CVAG and Board 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 s a ; a s a a s s a a a r a a a a s le s s s s a Members Larson and Ceniceros had expressed a strong interest in such a meeting. Counci1members agreed with the idea and instructed Councilmember Benson to extend Palm Desert's support for such a retreat. o City Council Committee Reports: Councilman Kelly reported that he had attended a two- day recycling conference where they had four concurrent workshops going at once. He said the information gathered had been passed on to staff for review. Mayor Wilson, noting that styrofoam cups were non - biodegradable and if burned, puts noxious gases in the air. He recommended that the City quit using them and go back to paper cups, thus setting an example. Mayor Wilson asked for the preparation of an ordinance limiting the membership of City committees and/or commissions to three absences in one year. He said he had complaints from various committees that absences were creating a problem and felt the City Council should consider such an ordinance. Mr. Altman advised one would be presented at the next meeting. XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Benson, and unanimous vote of the Council. Mayor Wilson adjourned to Closed Session at 5:35 p.m.pursuant to Section 54956.9(a) of the Government Code to discuss Indian Wells/Sunterra vs. Palm Desert and related suits. He reconvened the meeting at 7:00 p.m. with no action announced from the Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 10 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 a a • • • • • • a • a • • • • • a a • • • • a • • XVI. ORAL COMMUNICATIONS - C MR. JEFF DIERICK, Representing Albertson's Markets, Brea, addressed the Council about the Lundin project proposed for Portola Avenue and Country Club and stating that his organization very much wanted to be a part of Palm Desert. He introduced Mr. Greg Beaver of Newberry Stores and said they both would like some type of indication that their project was viable enough to proceed with the rezoning proceed. Mayor Wilson responded that what the gentlemen had heard earlier in the meeting when this issue was discussed was that the City Council was not willing to commit to a zone change prior to putting the project through the proper procedures of approval. He said that he had not heard the Council say no, absolutely no, but that was a risk the applicant would have to take in seeking the necessary approvals. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A GENERAL PLAN AMENDMENT, ZONE CHANGE, AND PRECISE PLAN OF DESIGN TO ALLOW CONSTRUCTION OF A 21,450 SQ. FT. SINGLE -STORY OFFICE PROJECT SOUTHWEST OF FRED WARING DRIVE AND SAN LUIS DRIVE. Mr. Joy reviewed the staff report and recommendation. Mayor Wilson declared the hearing open and invited testimony in FAVOR of the request. MR. CHARLES MARTIN, 40-840 Thunderbird Road, Rancho Mirage, addressed Council on behalf of the applicant. He reviewed the new design and explained how it mitigated the concerns of the neighbors and the city. Mayor Wilson invited testimony in OPPOSITION to the request, and none was offered. He declared the hearing CLOSED. Councilman Snyder moved to send the new plan to the Planning Commission for consideration In a newly advertised public hearing. Councilman Crites seconded the motion, and it carried by unanimous vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1989 a • • • a • • s s • a a • • • • a a • • s is a • a B. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT CREATING SECTION 25.58.313 PROVIDING FOR THE INCLUSION OF COMPACT PARKING SPACES IN REQUIRED OFF-STREET PARKING LOTS. Mr. Altman request Council's continuance of this item to allow staff more time to review alternatives. Mayor Wilson declared the hearing OPEN and invited public testimony. None was offered. Upon motion by Crites, second by Benson, and unanimous vote of the Council, the item was continued to the meeting of March 9, 1989. XIX. ORAL COMMUNICATIONS - D MR. EDWARD BENSON addressed the Council and introduced two visitors from Canada. XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Wilson adjourned the ATTEST: SHEILA R. G LIGAN, CI CLERK CITY OF PALM DESERT, ALIFORNIA meeting at 7:35 p.m. 12