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HomeMy WebLinkAbout1989-01-12r ' MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 12, 1989 CIVIC CENTER COUNCIL CHAMBER a a a a a a a a a a a a a a a a a a a a a a a a a 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 Present: Councilmember Jean M. Benson Councilmember Buford A. Crites Councilmember Walter H. Snyder Mayor S. Roy Wilson Arrived at 4:15 P.M. Councilman Richard S. Kelly Also Present: -. Bruce A. Altman, City Manager Carlos L.Ortega, Assistant City Manager/Redevelopment Sheila R. Gilligan, City Clerk/Public Information Officer David J. Erwin, City Attorney Richard J. Folkers, ACM/Director of Public Works Ramon A. Diaz, ACM/Director of Community Development/Planning Paul Gibson, Director of Finance Patrick Conlon, Director of Building 8 Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of December 8, 1988. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR 1107, WR 1110, WR 1114, WR 1200, WR 1203, WR 1206. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • * * * : * * * C. APPLICATIONS FOR ALCOHOLIC BEVERAGE LICENSE by: 1. Goldie Gillett for Goldie's Restaurant, 73-990 El Paseo, Palm Desert; 2. Iris Tire & Rubber Company for McGowan's, 73-340 Palm Desert Drive, Palm Desert; 3. Gabriel Thomas Emmett, Jr. for Cafe de Mexico, 73-325 Highway 111, Palm Desert; 4. Olijake, Inc. for Tutti Gusti Griglieria-Pizzeria, 73-030 El Paseo, Palm Desert; Rec: Receive and file. D. RESOLUTION NO. 89-1 - A Resolution of the City Council of The City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files From The Department of the City Manager That Have Been Microfilmed. Rec: Waive further reading and adopt. E. RESOLUTION NO. 89-2 - A Resolution of the City Council of The City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files From The Department of Building & Safety That Have Been Microfilmed. Rec: Waive further reading and adopt. F. RESOLUTION NO. 89-3 - A Resolution of the City Council of The City of Palm Desert, California, Declaring Certain City Property To Be Surplus and Authorizing the Public Sale of That Property. Rec: Waive further reading and adopt. G-1. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-304, Assessment District No. 87-1. Rec: By Minute Motion, approve Change Order No. 3 in the amount of $6,976.84 to Massey Sand & Rock Co. for additional work within the district. 2 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • • • • • • • • • • • • • • • • • • • • • • G-2. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. 00-304, Assessment District No. 87-1. Rec: By Minute Motion, approve Change Order No. 3 in the amount of $1,536.90 to Massey Sand & Rock Co. for additional work within the district. G-3. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. 00-304, Assessment District No. 87-1. Rec: By Minute Motion, approve Change Order No. 3 in the amount of $19,200 to Massey Sand & Rock Co. for additional work within the district. G-4. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-273E, Traffic Signal Installation at Portola & Rutledge. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $300. G-5. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. 00-292, Magnesia Falls Bikepath. Rec: By Minute Motion, approve Change Order No. 2 in the amount of $333.50. H-1. CLAIM NO. 095 AGAINST THE CITY by the City of Rancho Mirage for Indemnity. Rec: By Minute Motion: 1) Deny the Claim because the incident occurred outside the jurisdictional limits of the City of Palm Desert; and 2) Direct the City Clerk to so notify the Claimant. H-2. CLAIM NO. 094 AGAINST THE CITY BY Jimmy Lee McBride in the Amount of $177.05. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 i i i * i i * i * ! • * a a . a • * i * i f i H-3. CLAIM NO. 082 AGAINST THE CITY by Roberto A. Bohm and Associates on Behalf of Juan Romero in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. I. REQUEST FOR RATIFICATION OF PAYMENT of Insurance Policy Deductible in Gordon Hawkins vs. City of Palm Desert. Rec: By Minute Motion, ratify the action of the Claims Review Committee approving the payment of $2,500 to Guaranty National Companies for the amount of the City's insurance policy deductible. J. LETTER OF RESIGNATION by Henry F. Hoyle from the El Paseo Business Association District. Rec: Accept with sincere regret. K. REQUEST FOR APPROVAL of Contract No. 00-339 with Information for Public Affairs, Inc. for "CityLink" Services. Rec: By Minute Motion, approve Contract No. 00-339 and authorize Mayor to execute same. L. REQUEST FOR APPROVAL of Parcel Map 23287, The Lakes Country Club Assn. Rec: Waive further reading adopt Resolution No. 89- 4, approving Parcel Map 23287. M. REQUEST FOR APPROVAL of Parcel Map 22285, Thomas Miller & Suncastle Real Estate, Applicants. Rec: Waive further reading adopt Resolution No. 89- 5, approving Parcel Map 22285. N. REQUEST FOR AWARD OF CONTRACT NO. 00-331, Crack Sealing Program. Rec: By Minute Motion, award Contract No. 00-331 to Rubberized Crackfill Sealant, Inc. in the amount of $96,000 and authorize ten percent contingency in the amount of $9,600. C 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • * • * s IF a * a a a * * a * • * * a s • a * • 0. REQUEST FOR ACCEPTANCE OF WORK on Contract No. 000-181C, Civic Center Remodel, with Kretz Construction Co. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. City Manager Bruce Altman asked that Items A and 0 be removed for discussion under Section IX of the Agenda, and Councilman Crites asked that Item H-2 be removed for discussion in Closed Session. Upon motion by Crites, second by Benson, the Consent Calendar, with the exception of Items A, 0, and H-2, was approved by unanimous vote of the Councilmembers present. 1 VI. ORAL COMMUNICATIONS - A MR. MURRAY MCLAUGHLIN, Chaparral Country Club, addressed Council in opposition to Palmer CableVision's rate increase. He said that the addition of channels should be charged to only those individuals who want them. He also complained about the company's service and urged Council to file an injunction against the company to stop the rate increase until service was greatly improved. MS. DIANA COX, Retail Committee of the Chamber of Commerce, presented the Council with a directory for the industrial area of the city. Mayor Wilson commended Ms. Cox and the Chamber for the effort noting that the brochure was very badly needed. MS. LUCILLE SWAIN, District Manager of the Coachella Valley Recreation and Park District, stated that she had mailed each Councilmember a copy of the District's new Master Plan. She said she was new to her position and hoped to open the lines of communication between the City and the District. MR. RON GREGORY, Landscape Architect, noted he was working for ARCO in the construction of its new facility at Portola and Highway 111. His purpose of addressing the Council was to ask that it not require the moving of three 100 foot Washingtonian palm trees located on the site in an area needed for right-of- way. He said that while he knew they were historical, their chances of surviving a move were very slim. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 * * * a a * a a * a a a a * a a a a a a a a a a a Councilman Crites noted that these three trees were the tallest in the valley and pointed out that ARCO knew their historical value when they came before the Council and had committed to their preservation. He suggested that Mr. Gregory meet with both the Historical Society and Desert Beautiful to get input from both organizations before Council's consideration of amending its condition of approval. VI1. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 565 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 8.17, RECYCLABLE MATERIALS, TO THE MUNICIPAL CODE. Mr. Altman said the ordinance was necessary in light of the commencement of the City's new recycling program. The ordinance made it illegal for anyone but Waste Management Company to remove the recyclable materials from the bins placed at curbside. Upon motion by Benson, second by Crites, Ordinance No. 565 was passed to second reading by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 563 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES. Mr. Altman said that no input had been received since first reading of the ordinance and recommended its adoption. Upon motion by Snyder, second by Benson, Ordinance No. 563 was adopted by unanimous vote of the Councilmembers present. 1 6 i 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • B. ORDINANCE NO. 564 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT SPECIFYING TERMS AND CONDITIONS OF A MASTER PLAN OF DEVELOPMENT FOR THE VILLAGES OF BELLA VISTA. Mr. Altman said that no input had been received since first reading of the ordinance and recommended its adoption. Upon motion by Snyder, second by Benson, and a 2-2 vote with Councilmembers Benson and Snyder voting AYE and Councilmembers Crites and Wilson voting NOE, no action was taken on adoption of Ordinance No. 564. Councilman Snyder moved to continue consideration of the adoption of Ordinance No. 564 to the 7 p.m. portion of the meeting when'Councilman Kelly would be present. Councilmember Benson seconded the motion, and the motion carried by unanimous vote of the Councilmembers present. IX. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of December 8, 1988. Rec: Approve as presented. Upon motion by Crites, second by Snyder, and unanimous vote of the Councilmembers present, the approval of the Minutes was continued to the meeting of January 26, 1989. H-2. CLAIM NO. 094 AGAINST THE CITY BY Jimmy Lee McBride in the Amount of $177.05. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. Mr. Altman noted that discussion about this item should be held only in Closed Session at the end of the meeting. 0. REQUEST FOR ACCEPTANCE OF WORK on Contract No. 000-181C, Civic Center Remodel, with Kretz Construction Co. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder's Office. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 Mr. Altman requested that the item be tabled as Kretz Construction had not completed all necessary work. Upon motion by Benson, second by Snyder, the item was tabled by unanimous vote of the Councilmembers present. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF WAIVER OF ART -IN -PUBLIC -PLACES FEE, TRIAD DEVELOPMENT CO., APPLICANT. Mr. Diaz reviewed the staff report and recommended that the City Council concur with the findings of the Civic Arts Committee and waive the fee in lieu of the artwork proposed. MR. BILL TAYLOR, Triad Development Co., showed the Council a model of the proposed building and its accompanying artwork. He said that the fountains around the building alone would cost $94,000 and that together with th artwork would cost between $170,000 and $200,000. H noted that the sculptures would be structural steel frame with stucco over lathe finish. Councilman Crites asked how the Civic Arts Committee distinguished between the regular gingerbread finish of buildings and what is art? Mr. Diaz responded that this was the first request to come before the Committee and that the proposal met with what the Committee wanted to see as art throughout the community. Councilman Crites noted that many projects in the City had been approved with conditions that they be constructed with extensive water treatments around them, and these treatments had not been considered art. He asked that a message be given to the Civic Arts Committee that it must maintain a distinction between what is part of the building and what is normally required of the developer but not in lieu of the art -in -public - places fee. Councilman Kelly said he would relay this to the committee, but that in the case before the Council, he believed the Committee 11/ had recognized the sculptures as art, not the fountains the were in. 8 F x 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • JANUARY 12, 1989 • • • • • • • • • a • Councilman Snyder moved to, by Minute Motion, concur with the recommendation of the Civic Arts Committee and approve the request. Councilman Kelly seconded the motion, and the motion carried by unanimous vote. B. CONSIDERATION OF AN APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION DELETING MARTINI GLASS FROM RESTAURANT IDENTIFICATION SIGN. Mr. Diaz reviewed the staff report noting that the proposed martini glass would be reddish in color. He said that the Architectural Review Commission had suggested that rather than use the glass, the applicant should include the words "restaurant/lounge" in his sign. He recommended that the Council affirm the decision of the Architectural Review Commission and deny the appeal based on its incompatibility with the surrounding area. MR. TOM CHAMPEAU, 118 Racquet Club Drive, Palm Springs, spoke as the applicant and stated that the sign was important because it was their logo. He said that the restaurant had been completely remodeled and that they has put some "class" into it. He felt the sign, which was done in brass, was tasteful. Upon question by Council, Ron Gregory, Chairman of the Architectural Review Commission, responded that the Commission did not feel that a martini glass was in keeping with the caliber of signs the City wanted. He said that a smaller version of the glass embossed into the sign could be worked out and probably approved by the Commission. Councilmember Benson said she was willing to let the applicant work with the Commission but did not like the sign as it looked more like Las Vegas than what should be on El Paseo. Councilman Snyder agreed and said he was in favor of confirming the Commission's decision. Councilman Kelly moved to continue the matter January 26, 1989, to allow the applicant time Architectural Review Commission to modify his sign. Iseconded the motion pointing out to the applicant that voted on the issue at this meeting, the decision would in favor of the Commission's decision. Motion carried 9 to the meeting of to work with the Councilman Crites if the Council had probably have been by unanimous vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • C. REQUEST FOR APPROVAL OF PROPOSED 4TH ANNIVERSARY BANNER FOR THE AEROBIC MART, 73-100 EL PASEO. Mr. Diaz reviewed the staff report and recommended the Council deny the appeal as it was not in keeping with the intent of Section 25.68.350 of the Municipal Code. No one was present to speak on behalf of The Aerobic Mart. Councilmember Benson moved to, by Minute Motion, deny the request based on incompatibility with the surrounding area. Councilman Kelly seconded the motion, and the motion carried by unanimous vote of the Council. D. REQUEST FOR FUNDING BY THE COMMUNITY COUNSELING AND CONSULTATION CENTER, INC. FOR THE DESERT AIDS PROJECT. Councilman Crites said that this request had been before the Contributions Committee, a subcommittee of the City Council, and had been sent back to the Project several times because of the committee's concern of specifics as to its benefits to citizens of Palm Desert. He said that the last letter from Mr. Smith answered those questions and gives the City a nexus of benefit to our local citizenry and with that, the subcommittee gave it an affirmative recommendation of approval. MR. DONALD SHAW spoke on behalf of the Project and offered to answer any questions Council might have. Mr. Altman said he had received a letter from the group recently asking for Community Block Grant funds. He asked if this $12,000 request was for those funds or General Fund monies. Mr. Shaw responded that the recent letter was for consideration with the City's budget, and this request was for General Fund monies. Councilman Crites moved to approve the request and approve payment of $12,000 to the Community Counseling and Consultation Center, Inc. Councilmember Benson seconded the motion. The motion carried by a 4-1 vote with Councilman Kelly voting NO. E. REQUEST FOR FUNDING BY THE DESERT YOUTH SPORTS ORGANIZATION. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 . . . . . * . . . . . . . * . . . * . . * * . . Mr. Diaz reviewed the staff report noting: 1) The request should be evaluated by the City's Contribution Committee; 2) CVAG is currently studying valley cities' contributions to non-profit organizations; 3) the request should be evaluated by the Parks & Recreation Commission; 4) the Tri-Cities Recreational Needs Committee needed to review it. With those reasons, he recommended Council take no action until the request could be considered with all necessary input and at budget preparation time. Councilman Crites noted the staff report said fiscal year 1988-89. Mr. Diaz said that was a typographical error and should be fiscal year 1989-90. MR. AL DURRETT, President of DYSO, 73-925 Highway 111, Palm Desert, said the recommendation of staff was satisfactory with him. Councilman Crites moved to forward the request to the Outside Agency Contribution Committee and to the Parks & Recreation Commission for recommendation for the 1989-90 budget. Councilman Snyder seconded the motion. The motion carried by unanimous vote. F. CONSIDERATION OF THE OBSERVANCE OF MARTIN LUTHER KING DAY. Mr. Altman reported that at Council direction, staff had polled other cities to find that about half observe the day. He said that a few years ago, the employees had asked for it but had not wanted to trade another day for it. He noted that if Council desired to change the holiday schedule, it required a "meet and confer" session with the employees. If Council wanted to add the day as a holiday, it could merely be done by the Mayor's proclaiming it a holiday. Mayor Wilson felt it was a holiday that should be recognized. Councilman Kelly agreed that it was an important day but felt that the City Council had a responsibility to its constituents for fiscal management and adding holidays was not in keeping with that management. He said the issue should be considered at the same time as the budget and salary setting issues were considered. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • * • • • • • • • * • • a * • * • • • • * • Councilman Crites said the issue was one of symbolic importance in that the contributions Martin Luther King made were not just simply to the equality and freedom of blacks, but to the benefit of everyone in the nation. On the other hand, he felt that the contributions Columbus made by accidentally discovering America were somewhat questionable. Councilman Crites moved to have the employees consider trading Columbus Day for Martin Luther King Day next year. Councilman Kelly seconded the motion, and the motion carried by unanimous vote. G. INFORMATIONAL ITEMS: 1. Request from Dean Donnellon for Airfare to Sister City Gisborne, New Zealand, for Basketball Student. Mr. Altman said he and Kirby Warner had both met with Mr. Donnellon and because neither he nor the student mentioned in his letter lived in Palm Desert, the request should be denied. Mayor Wilson said he too had met with Mr. Donnellon a few days before he left for New Zealand and felt to some extent that Gisborne does far more to enhance the Sister City relationship and that possibly this would be a way for us to contribute. He said that Mr. Donnellon had indicated he would speak at group meetings to promote Palm Desert. Councilman Kelly said he was opposed to giving to people who did not live in the City and would feel better about donating money to such causes as Gisborne's flood relief. He said he did not think someone who did not live in Palm Desert could adequately promote the city. He took issue with the statement that we don't do our share in that he had personally hosted a group of students from Gisborne, had held at least two receptions at his home for visitors from Gisborne, and knew of several Palm Desert residents who had done the same. Councilman Snyder concurred and said that while he was Mayor, he had welcomed a New Zealand basketball team playing at College of the Desert and because 12 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • • • • * • • • • • a * • • • • * • • * * * • they handily beat C.O.D., he was hard pressed to believe they did not have a basketball program. Council member Benson agreed and said she would support fund raising efforts for someone to go to Gisborne, but had a difficult time making an outright donation to someone who did not live in Palm Desert. No action was taken on the request. 2. Bus Shelter Cost Breakdown. Mr. Folkers reported that staff had been requested to look into the cost of constructing the City's own bus shelters and that figure would be $18-20,000 per shelter with each one costing approximately $1,000 per year maintenance. Upon question by Councilman Crites, he said that Rancho Mirage had paid $36,000 a few years ago for two shelters. MR. LEE NORWINE, Sunline Transit Agency, reviewed what Sunrise Media would be responsible for including having the concrete poured, the utilities put in, etc. in exchange for $50 per month per shelter income to be split by the City and Sunline. Maintenance would be up to the City. Councilman Crites asked how Sunline could justify discontinuing its responsibility for maintenance of the new shelters and not give up some of its income from the City. Mr. Norwine said that the Board had looked at it and found it economically unfeasible. Councilman Kelly said he had been adamantly opposed to the proposal at Sunline but had been the only member of the Board who had been. Councilmember Benson said she would like to see a committee formed to look into the issue of funding the City's own shelters in the 1989-90 budget. Mayor Wilson said he felt the City should let Sunrise Media go ahead with the one-year trial period as it would get the 25 much needed shelters in place now and if the program doesn't work out, they can be removed. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 a • • • • • • • • • • • • • • • • • • • • • • • Upon question by Councilman Crites, Mr. Jones of Sunrise Media responded that any shelter could be removed for any reason with 30-day written notice, and his firm was responsible for returning the site to its original condition. Upon question by Councilman Snyder, he responded that any advertising found to be incompatible with the City's desires would be removed within 24 hours of receiving notice from the City. While advertisers from Palm Desert would be solicited and given first choice, it would be first -come, first -served after that. Councilmember Benson noted there were many stops in the City where bus riders were waiting in unlit, isolated areas, and she concurred with the urgency of getting shelters placed as soon as possible. Councilman Kelly said one of his biggest problems with this program was that the Council had a strict sign ordinance and had denied business owners signs they wanted, and this program seemed in violation of the intent of the Council's own rules. Mayor Wilson agreed but said that there was an urgency to get shelters in the City before the hot summer months, and this program offered the City a way to do that. Upon question by Council, Mr. Norwine responded that Palm Springs, Desert Hot Springs, Coachella, Indio, La Quanta, and Cathedral City had all opted to join the program. Mayor Wilson moved to approve the one-year program with Sunrise Media to start as soon as possible and to ask a subcommittee of two members of the City Council to work with staff to review the three shelter designs to select the most appropriate design so that the program could move forward as rapidly as possible. Councilman Snyder seconded the motion. The motion carried by a 3-2 vote with Councilmen Crites and Kelly voting NO. 14 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • 1 1 3. Joni Drive Parking Problem. Mr. Diaz and Mr. Folkers both reviewed their staff reports and recommendations. Mr. Altman recommended that the City Council try the maintenance worker/van pooling program for a trial period to alleviate parking problems at the Corporate Yard and to do a survey to create Redevelopment Area #3 to create revenues to do improvements in this area. Councilman Snyder said he felt the Council should adopt an ordinance prohibiting the type of parking in the roadway that was creating these problems. He also suggested a strong look at the City's liability insurance before any van pooling program was started. Mayor Wilson encouraged moving ahead with the van pooling program for a trial period. Council concurred with staff's recommendation. No official action was taken. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. CONSIDERATION OF A JOINT POWERS AGREEMENT FOR THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU. Mr. Altman, noting that a majority of the other cities had now joined the new JPA, recommended that the City Council ratify the agreement and designate a member of the Council to serve as its representative. He noted that the City's share of dues as calculated in the memorandum from Rancho Mirage appeared to be inaccurate but said that the formula was correct so it merely needed recalculation. Councilman Snyder said he had definite problems with this new program. He said he would like to see the City join with the condition that the unresolved problems of both the existing bureaus be resolved first. He cautioned the Council that joining was tying the City into the agreement for no less than two years. He said he needed answers to about six questions before feeling comfortable joining, 15 Councilman Kelly moved to, by Minute Motion, ratify the Joint Powers Agreement, and Councilmember Benson seconded the motion. The motion carried by unanimous vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • some of which were: 1) How will the two existing bureaus be wound down? 2) What happens to existing employees of both bureaus? 3) What's to be done about the cavalier attitude towards the creditor problems such as paying off the debt of the DRCCVB? Upon question by Mayor Wilson, Councilman Snyder said that Indian Wells, Coachella, and Palm Desert are the only cities who have paid their debt allocation. Indio and Cathedral City have paid 1/4 of their assessment. Mayor Wilson agreed that caution should be exercised but felt that if the City was going to be in on the ground floor, it had to join now. Councilman Kelly said he too felt very strongly about the fact that the other cities have not met their commitment to the existing bureau, and these concerns should be addressed in joining the new one. Regardless, the City II should join the new one and work towards its goals. Councilman Crites moved to appoint Councilmember Benson to serve on the Board. Mayor Wilson seconded the motion which carried by a 4-0-1 vote with Councilmember ,Benson ABSTAINING. XIII. REPORTS AND REMARKS A. CITY MANAGER PERSONNEL CLASSIFICATION STUDY Councilman Crites moved to add the item to the agenda as it had come up after the agenda was posted. Councilman Snyder seconded the motion which carried by unanimous vote. Mr. Altman said a committee comprised of Councilman Crites, himself, Larry McAllister, Phil Drell, Alana Townsend, Joe Pudis and Joe Gaugush had interviewed six I/ firms and were recommending that the firm of Personnel Associates be awarded the contract. 16 1 1 1 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 a a * a * a * a a a * * a a * at a * a * a a a a a Councilman Crites said that the representative of this firm had interviewed very warmly and that his answers had not been in the abstract, but rather very concrete and specific. Councilman snyder moved to award Contract No. 00-340 to Personnel Associates and authorize the Mayor to execute same. Councilmember Benson seconded the motion which carried by unanimous vote. REAFFIRMATION OF TOWN CENTER PARKING REQUIREMENTS Upon motion by Crites, second by Snyder, and unanimous vote of the Council, the item was added to the agenda as having come up after the agenda was posted. Mr. Altman stated that the new owners of the Town Center wished to have a reaffirmation of the parking requirements which were established in 1983-84. These conditions arose from the desire to increase the size of the Robinson's store and accommodate potential future expansion. Robinson's was allowed to proceed with a parking shortage that would be offset by: 1) Parking being provided in the retention basin that existed at that time when the drainage line was installed connecting the Town Center to the Palm Valley Channel, and 2) the remainder would be provided in a parking structure that would be built when any of the major stores were to expand. Councilman Snyder moved to, by Minute Motion, reaffirm the agreements that had been reached with the Town Center at the time of he Robinson's development. Councilmember Benson seconded the motion which carried by unanimous vote. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • • • • • • • • • • • • • • * • • • • • • • Councilman Kelly noted he had attended his first League of California Cities Transportation Committee meetings that day which was why he was late for the meeting. He felt his participation in this group was going to be very beneficial to the City. Councilmember Benson said she was seeing more and more requests on the Architectural Review Commission agenda for approval of neon signs. She felt that a joint meeting with that group before the City looked like Las Vegas was critical. Councilman Crites referred to his memo to the Council relative to his attendance at the National League of Cities meeting. He noted the several recommendations relative to earthquake preparedness and asked that Council read and consider his recommendations. Mayor Wilson said that there was more and more publicity about the impact trees have on protecting the environment. He asked that staff investigate some type of condition of development that would require a tree for every so many square feet of development. Councilman Crites said he too had read these articles and had in fact written to the National Forestry Association for information which he would share with staff when it arrived. XIV. ORAL COMMUNICATIONS - 8 None DINNER RECESS AT 6 P.M. Mayor Wilson recessed the meeting at 6 p.m. and reconvened it at 7 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION B. ORDINANCE NO. 564 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT SPECIFYING TERMS AND CONDITIONS OF A MASTER PLAN OF DEVELOPMENT FOR THE VILLAGES OF BELLA VISTA. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • • • • • • • • • • • • • • • • • • • • • • City Attorney Dave Erwin noted that the vote on this ordinance at the 4 p.m. session had resulted in a tie vote and that action had been put over to this portion of the agenda. Upon motion by Snyder, second by Benson, Ordinance No. 564 was adopted by a 3-2 vote of the Council, with Crites and Wilson voting NO. 1 XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION BY CITY STAFF TO MARY HELEN 8 RICHARD KELLY. Mr. Altman presented Mary Helen and Councilman Kelly with a gift certificate for dinner at Stanley B's as well as a card in thanks for the lovely luncheon they hosted for the employees at Christmas time. B. CONSIDERATION OF APPOINTMENTS TO THE CIVIC ARTS COMMITTEE TO FILL THE EXPIRED TERMS OF PATRICIA ANDERSON AND FREDERICK THON. Upon question by Council, Mrs. Gilligan responded that both individuals were willing to serve another term. Councilman Kelly moved to reappoint Patricia Anderson and Frederick Thon to three-year terms on the Committee. Councilman Snyder seconded the motion, and it carried by unanimous vote. C. CONSIDERATION OF APPOINTMENTS TO THE EL PASEO BUSINESS ASSOCIATION DISTRICT TO FILL THE EXPIRED TERMS OF CARL MARTIN, CONNIE BUNYARD, MARIANNE HODGKINS,•AND LISA FINNE. Councilmember Benson moved to appoint Mary Ann Hodgkins, Paul Campbell, Tom Hogan, and Bob Sorrentino to three-year terms on the El Paseo Board. Councilman Crites seconded the motion, and it carried by unanimous vote. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 • • • • • • • • • • • • • • • • • • • • • • • • • XVIII. PUBLIC HEARINGS A. CONSIDERATION OF THE APPROVAL OF THE INSTALLATION OF STREET IMPROVEMENTS ON THE PORTION OF HOVLEY LANE NORTH SIDE BETWEEN MONTEREY AVENUE AND MONTEREY MEADOWS 11 UNDER THE PROVISIONS SET FORTH IN THE STREETS AND HIGHWAYS CODE, PART 3, SECTION 5103, PURSUANT TO ORDINANCE NO. 416. Mr. Altman stated that staff would like to withdraw the project at this time so that it could be redesigned. However, since it had already been legally advertising, public testimony should be taken. Mayor Wilson declared the hearing OPEN and invited public testimony. None was offered. He declared the hearing CLOSED. The project was withdrawn for redesignation by staff and presentation to the City Council at a later time. B. CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO CHAPTER 25.100 OF THE PALM DESERT MUNICIPAL CODE RELATING TO TIMESHARE PROJECTS. Associate Planner Catherine Sass reviewed the staff report and recommendation noting that the Planning Commission had recommended denial because of the negative reputation the timeshare industry had created for itself in the past. She further noted that the Economic Development Committee had reviewed the ordinance amendment on December 15th and had recommended approval with the feeling that timeshare units as permitted under the amendment were economically beneficial to the City. She noted that just prior to the meeting, the City Attorney had presented Council with a further amendment to Section 25.100.020 which had the paragraph now reading: Permitted Zones. A time-share project shall be permitted only in a Planned Residential (PR) zone, a General commercial Zone, or in a Planned Commercial Resort (PC-4) zone. Any time-share project shall be developed in conjunction with a resort hotel having 500 or more rooms and an 18-hole golf course of not less that 6,400 yards, and then only if and when a Conditional Use Permit has been obtained therefore from the Planning Commission in accordance with Chapter 25.72 of this Code. 20 1 i MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 12, 1989 1 Ms. Sass concluded her report by stating that staff was confident that the amendment was strong enough to provide for only the quality development the City was seeking. City Attorney Dave Erwin stated that the amendment would give the City a more restrictive ordinance than it already had. Mayor Wilson declared the hearing OPEN, and invited testimony in FAVOR of the request. MR. EDWARD MCMULLEN, Executive Vice President of Marriott, spoke in favor of the ordinance change. He noted that he had Marriott's attorneys and architects with him to answer questions if Council had any. Mayor Wilson invited testimony in OPPOSITION to the request, and none was offered. He declared the hearing CLOSED. Councilman Kelly said he had been one of the members of Council always opposed to timeshare, and this ordinance was a big improvement. Councilman Crites said that the absence of any opposition to this ordinance certainly spoke to the maturing of the industry over the last several years. Councilmember Benson said she too had always been opposed to timeshare but felt this ordinance a major improvement over what the City currently had. Councilman Snyder agreed. Upon motion by Snyder, second by Kelly, and unanimous vote of the Council, Ordinance No. 566 was passed to second reading. 1 C. CONSIDERATION OF THE REPLACEMENT OF A SUBCONTRACTOR ON THE SENIOR CENTER EXPANSION PROJECT. Mr. Ortega reported that the differences between the contractor and subcontractor had been resolved, thus eliminating the need for the hearing. He recommended the Council receive testimony, if any, and take no action. Mayor Wilson declared the hearing OPEN and invited public testimony. None was offered. He declared the hearing CLOSED. Council took no action on this matter. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • a a • • • XIX. ORAL COMMUNICATIONS - D None • • • JANUARY 12, 1989 • • • • • • • • • • • Staff was directed to work with the Marriott in getting Hovley Lane open in conjunction with the opening of the new Post Office, or as soon after as possible. Councilman Crites proposed that staff contact IBM to see if they would like to use Palm Desert as a test site for one of the information computers which could be located in the Town Center. Mr. Altman said staff would look into it. XX. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session pursuant to Government Code Section 54956.8, Real Property Transactions and 54956.9 (a) and (b), Pending and Potential Litigation, specifically Palm Desert vs. Indian Wells/Sunterra. Councilman Kelly seconded the motion which carried by unanimous vote. Mayor Wilson adjourned at 7:35 p.m. with Closed Session to be held immediately following adjournment of the Redevelopment Agency meeting. Mayor Wilson reconvened the meeting at 8:55 p.m. and adjourned with no action announced. ATTEST: SHEILA R. GI LIGAN, CITY OF PALM DESERT, Y CLERK LIFORNIA •22 1