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HomeMy WebLinkAbout1990-04-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY. APRIL 26, 1990 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Mayor Pro-Tempore Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman S. Roy Wilson Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Ramon A. Diaz, ACM/Director of Planning/Community Development Paul Gibson, Finance Director/City Treasurer V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 12, 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0318, WR0401, and WR0404. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by 18 P Investment, Inc., for Alkobar Liquors, 73-510 Palm Desert Drive, Palm Desert. Rec: Refer to Department of Community Development for processing. D. MINUTES of the Regular Palm Desert Civic Arts Committee Meeting of March 19, 1990. Rec: Receive and file. E. REQUEST FOR APPROVAL of Parcel Map 25799 (Ahmanson Commercial Development Co., Applicant). Rec: Waive further reading and adopt Resolution No. 90-44, approving Parcel Map 25799. F. REQUEST FOR APPROVAL to Release Subdivision Improvement Security for Tracts 22690-1 and 22690-2 (Temple Development, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. G. REQUEST FOR APPROVAL to Purchase Four Wheel Drive Enclosed Utility Vehicle for the Public Works Maintenance Division. Rec: Waive further reading and adopt Resolution No. 90-45, authorizing the purchase of the subject vehicle through the State of California Department of General Services. H. REQUEST FOR APPROVAL of Contract for Engineering Design Services for Highway 111/Monterey Avenue Intersection Improvements (Contract No. 00-435). Rec: By Minute Motion, authorize the Mayor to enter into a contract with The Keith Companies for the subject property in an amount not to exceed $22,500 plus a fifteen percent contingency. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 . . . . . . . . . . . . . . . . . . . * . * . . . I. REQUEST FOR APPROPRIATION of Funds for Consultants' Contracts Pertaining to Formation of Community Facilities District (Contracts 00-396 and 00-397). Rec: By Minute Motion, authorize the appropriation of $90,000 from the Unobligated Capital Projects Street Fund Reserve to Account #410-4577-3090 for consulting and legal services for the formation of the Community Facilities District. J. LETTER OF RESIGNATION from Darlene Romano from the Palm Desert Civic Arts Committee. Rec: Receive with very sincere regret. Mr. Altman asked that Item E be removed for separate discussion under the Consent Items Held Over portion of the Agenda. Upon motion by Wilson, second by Snyder, the Consent Calendar, with the exception of Item E, was approved as presented by unanimous vote. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE N0. 604 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO SECTION 25.16.030 TO ALLOW COMMERCIAL PARKING LOTS AS A CONDITIONAL USE WITHIN THE R- 1 ZONE WHEN ADJACENT TO GENERAL COMMERCIAL ZONES AND CONSISTENT WITH RECOMMENDATIONS OF A SPECIFIC PLAN - CASE NO. ZOA 90-1. Mr. Altman stated there had been no changes since introduction of this ordinance, and he recommended its adoption. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 • • • • • • • • • • • • • • • • • * • • • • • • • Councilman Snyder moved to waive further reading and adopt Ordinance No. 604. Motion was seconded by Benson and carried by unanimous vote of the Council. 1X. CONSENT ITEMS HELD OVER E. REQUEST FOR APPROVAL of Parcel Map 25799 (Ahmanson Commercial Development Co., Applicant). Mr. Folkers stated there as an error on the staff report and that the applicant was actually Entre Nous (Pamela Smallwood). He noted that Council had received a new staff report indicating the correct applicant. Councilman Kelly moved to waive further reading and adopt Resolution No. 90-44, approving Parcel Map 25799. Motion was seconded by Snyder and carried by unanimous vote of the Council. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT NO. 00-434 WITH STUART KRAFT TO PREPARE A PROPOSAL FOR THE DESIGN, EXECUTION, FABRICATION, TRANSPORTATION, AND INSTALLATION OF PUBLIC ART WORK TO BE LOCATED AT THE PALM DESERT SHERIFF STATION. Mr. Altman stated that a copy of the contract was in the packets and recommended its approval. Councilman Kelly moved to, by Minute Motion, approve the subject agreement and authorize the Mayor to execute. Motion was seconded by Benson and carried by unanimous vote of the Council. B. INFORMATIONAL ITEMS (FOR POTENTIAL ACTION): 1. Palmer CableVision Update. Mr. Altman stated there was nothing new to report at this time. 2. Update on Tri-Cities Sports Facility. Mr. Diaz reported that at the last meeting of the Tri-Cities Sports Facility Committee, staff had presented a proposal to the cities of Indian Wells and Rancho Mirage relative to division of costs. He stated that the following items were discussed: Formula would be the same fee structure as is currently being used for Joslyn Cove Senior Center, with Palm Desert paying 53%, Indian 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Wells paying 13%, and Rancho Mirage paying 34%. Representatives from both Indian Wells and Rancho Mirage will present formula to their respective Councils and report back to the Committee. - Formula would use assessed valuation as a criteria. This would be consistent with Council's direction to staff at a previous meeting. The value of the land would be the amount for which it was acquired. - A maximum of four fields would be developed initially if all three cities participated. Mr. Diaz added that he had made it clear that it was the City of Palm Desert's intention to proceed, and if the other cities did not wish to participate, only two fields would be developed, sufficient to take care of Palm Desert's youth. He added that the next Committee meeting was scheduled for Wednesday, May 2, 1990. 3. Update on Healthy Cities Project. Mr. Shillcock reviewed the report from John Wohlmuth dated April 26, 1990, noting that Palm Desert was one of seven cities throughout the State designated as a California Healthy City. He stated the report included results of the first seat belt use survey. with the second survey scheduled for the end of June. He added that the overall target for the end of the year was to attain usage of 66% or more throughout the City. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. STATUS REPORT ON ONE OUAIL PLACE. Mr. Erwin stated this matter had been referred to his and that it should be discussed in Closed Session. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Earthquake Drill Mr. Altman reported that the earthquake drill held that morning from 8:30 to Noon had gone very well and that City staff now had a good idea of what would happen in such a situation. Mayor Crites agreed and stated that staff would be addressing those areas in which the City needs to be better prepared. He commended staff for all the hard work and effort that went into this exercise. 2. Coachella Valley Water District Mr. Altman stated that Mr. Tom Levy of the Coachella Valley Water District had met with staff recently and was invited to make a presentation to the Council. He asked that Council allow him to make his presentation at this time. Council concurred. Mr. Levy introduced Mr. Dale Bohnenberger, Deputy Chief Engineer for the Coachella Valley Water District. He said the District had been considering increasing its reservoir storage in what they called the "Valley Zone", which runs from Washington Street to Bob Hope Drive, from Highway 111 north across Interstate 10 into the Thousand Palms area. He said although this was the largest domestic water service area, the District only had four reservoirs which provided water storage for the area. He reviewed the locations of the existing reservoirs as well as potential sites, noting that the District felt a good location for a new tank would be on the Palm Valley Channel just south of the Green Way bridge. He said the reservoir would be a 10 million gallon steel tank similar to the one at the Vintage or Alamo/Mesa View except that it would be bermed and landscaped. He said it would be roughly the size of a football field in diameter and 24 feet high. He reviewed the proposed landscaping and berming, noting that the tank would not be visible from anywhere except hillside properties. He estimated the cost to be $4.5 to $5 million. He said an environmental impact report was currently being done and that, assuming they could acquire necessary r._hts-of-way, they homed to be under construction —sometime in the fall. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Crites stated that one of the things the City requires of private developers in the hillsides is that if they do any road work in the hills, they must make sure when they are finished that the colors blend in with what is already there and that it does not look as if they went in and bulldozed the area. He asked whether Mr. Levy would be willing to work with Planning staff to see how well the proposal would meet the intent of the City's "aesthetics ordinances" for hillside development. Mr. Levy responded that the District would not want to create an eyesore in the community and would be happy to work with City staff to make sure the project is something the City would be happy with. Upon question by Snyder, Mr. Levy responded that there were three property owners involved and that the hope was to work something out that would be acceptable to all of them. Mr. Altman stated there was no Council action required on this matter at this time. 8. CITY ATTORNEY Mr. Erwin asked that Council adjourn to Closed Session pursuant to Government Code Section 54956.9 (a) and (b). pending and potential litigation. C. MAYOR AND MEMBERS OF THE CITY COUNCIL 1. CALCOG Councilman Kelly reported that he had been appointed to a two-year term as Chairman of the Transportation Committee of the California Association of Councils of Government (CALCOG) at its last meeting. Mayor Crites congratulated Kelly on behalf of his colleagues and the citizens of Palm Desert. 2. Councilmember Benson reported that the Convention & Visitors Bureau had hosted a reception for the NTA conference in Palm Springs the previous week. She said she had attended the Board of Directors dinner and was the only representative from any of the Valley cities. She said they were very pleased and enthusiastic about the area and that it had been 15 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 • • • • • • • • • s • • • s • • • • • s • • • • • years since some of them had been in California for their meeting. She added that the reception was one of the nicest she had ever seen in Palm Springs. 3. Mayor Crites reported that at its last Executive Committee meeting, CVAG had agreed to accept the City's offer and move its offices to the Civic Center site for a minimum of five years once the building is complete. 4. Mayor Crites stated that CVAG's Transportation Committee would be meeting at 2:00 p.m. on Monday in the Council Chamber to review the initial report regarding Measure A, Transportation Uniform Mitigation Fees (TUMF), etc. He added that there would be a special CVAG Executive Committee meeting on May 14th to discuss transportation issues and that Councilman Kelly would be representing Palm Desert at that meeting. 5. Mayor Crites asked for a status report regarding the library grant. Mr. Diaz responded that the State was in the process of establishing the administration regulations for the grant. He said one of the key concerns raised by some cities was that the regulations as currently written required a great deal of preliminary work and expense (such as architectural plans, soils tests, etc.) as part of the grant application, with the possibility that the application could be rejected. 6. Mayor Crites stated that City Manager Bruce Altman had been invited by the Citizen Ambassador Program to be a "Citizen Ambassador to the Soviet Union". He distributed copies of a memorandum which explained the program and included a list of activities. He asked that Council: 1) Look at the program in general; 2) Look at the proposed schedule of activities to see whether or not it fits Council's idea "hands on, working with people, teaching experience" versus a tour; 3) Consider whether or not the proposed program would justify the expenditure of $4,000 to $5,000. 7. Mayor Crites reported on his recent trip to Gisborne, New Zealand, Palm Desert's sister city. He said the International Sister Cities Conference would be held this summer in Albuquerque and tha4 he had extended an invitation to visit Palm Desert- He added that 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • for the first time ever, the 1992 International Sister Cities Conference would be held in Christ Church, New Zealand, and he felt it might be worthwhile to consider sending someone from Palm Desert to attend and possibly also visit Gisborne. He reported that in terms of special programs, Gisborne officials were very excited about having some level of staff exchange with Palm Desert for a period of two to three months. He said there had also been discussions about the exchange of artwork between the two cities. He added that he had also received from Gisborne a variety of seeds of different New Zealand plants and trees which the University of California at Riverside, UCLA Botanic Garden, Living Desert, and College of the Desert would attempt to raise to see what can be adjusted to the desert climate. These plants could then be included in the City park as an exhibition commemorating Palm Desert's sister city. He concluded his report by stating that he had also received a request to check into the possibility of using the Rotary Club High School Student Exchange Program to exchange students between the two cities. In addition, there was interest shown in exchanging correspondence between grade schools. XIV. ORAL COMMUNICATIONS - B MR. STEVEN SIMS, spoke as President of Palm Springs Cycle Sport, which he said had 150 members Valley -wide. He said his club was working with CVAG on bikepaths and also with the County of Riverside Recreation Department for trails for off - road bicyclists. He said he Just wanted Council to know his organization was available for any bicycle needs in the Valley. Mayor Crites suggested that Mr. Sims meet with Mr. Diaz to discuss bikepaths within Palm Desert. Councilman Kelly added that in the years he had been on the CVAG Transportation Committee, Palm Desert had been one of the most active cities in the Valley as far as getting grants for bikepaths and following through with getting a bikepath from one end of the Valley to the other. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson moved to adjourn to Closed Session at 5:00 P.M. pursuant to Government Code Section 54956.9 (a) and (b), pending and Potential litigation (Cox vs. Falsetti - Indio #54676; Rojo vs. City of Rancho Mirage); said Closed Session to immediately follow adjournment of the Redevelopment Agency Meeting and a tour of the Riverside County Mobile Emergency Operations Center. Motion was seconded by Kelly and carried by unanimous vote of the Agency Board. Mayor Crites reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENT OF CITY REPRESENTATIVE TO SENIOR CENTER BOARD (Continued from Meeting of April 12, 1990.) Councilman Wilson stated that Mr. Robert Spiegel had indicated he would like to remain Palm Desert's representative even though he would also be the Treasurer of the Senior Center. Wilson moved to, by Minute Motion, reaffirm the Council's appointment of Mr. Robert Spiegel as the City's representative to the Senior Center Board. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. CONSIDERATION OF APPOINTMENT TO THE RENT REVIEW COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF JOE ABBONDONDOLA. Councilman Snyder stated that Council had interviewed Mr. Robert Coates, a local CPA, for this vacancy and that he had expressed his willingness to serve on this Commission. Councilman Snyder moved to, by Minute Motion, appoint Mr. Robert Coates to the Rent Review Commission to fill the vacancy created by the resignation of Mr. Joe Abbondondola. Motion was seconded by Kelly and carried by unanimous vote of the Council. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 * * * * * • * • • • • • • * • • • • • * * • * * • C. PROCLAMATION DECLARING MAY, 1990, AS "SENIOR CITIZENS' MONTH" IN THE CITY OF PALM DESERT. Mayor Crites read the proclamation and presented it to Mr. Bob Steffy, President of Harvest House, and Mr. Bob Smith. D. PROCLAMATION DECLARING MAY 6 THROUGH 12, 1990, AS "SMALL BUSINESS WEEK" IN THE CITY OF PALM DESERT. Mayor Crites read the proclamation and presented it to Mr. Claude Browning of the Palm Desert Chamber of Commerce. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF THE EXTENSION OF THE MORATORIUM IMPOSED BY ORDINANCE NO. 601 ON MARCH 22, 1990, BEING A PORTION OF THE NORTH SPHERE AREA OF PALM DESERT, AND ORDINANCE NO. 602 ON APRIL 1 2 , 1990, FOR ALL AREAS OF THE CITY NOT OTHERWISE COVERED BY A CURRENTLY ADOPTED CITY MASTER DRAINAGE PLAN OR APPROVED DEVELOPMENT AGREEMENT, FOR A PERIOD OF TIME NOT TO EXCEED TEN (10) MONTHS AND FIFTEEN (15) DAYS. Mr. Erwin reviewed his memorandum dated April 26, 1990 (on file and of record in the City Clerk's Office). He suggested that the recommendation be modified to extend the moratorium "until December 1, 1990", instead of "for a period of time not to exceed six (6) months from this date". He said this would allow time for the study by NBS Lowry to be finalized and adopted. In addition, Mr. Erwin stated that a letter had been submitted by Mr. John Flynn of Nossaman, Guthner, Knox 8 Elliott on behalf of Sunrise Company (on file and of record in the City Clerk's Office). He said he had discussed the requested change with Mr. Flynn and agreed with his suggestion that Ordinance No. 602 should apply to Development Agreements which are entered into during the pendency of the moratorium. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. None was offered. He declared the public hearing closed. Councilman Wilson moved to, by Minute Motion: 1) Extend the moratorium imposed by Ordinance No. 601 and Ordinance No. 602 until December 1, 1990; and 2) Approve the interpretation of Ordinance No. 602 to include Development Agreements which are entered into during the pendency of the moratorium. Motion was seconded by Snyder and carried by unanimous vote of the Council. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING 'APRIL 26, 1990 • . . . . •. . . . . . •* . . * -. . . . * •. . . . * Mr. Erwin asked that Council consider an additional item related to this moratorium. He said a tentative map had gone through the Planning Commission and unless called up by Council, the project could potentially be in violation of the moratorium. Councilman Snyder moved to consider this item as one which arose after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mr. Erwin stated that Tentative Tract 24866, Southwest Partners, was outside of the current City Drainage Plan area but within City limits. He said the storm drainage fees in accordance with the existing Plan had been imposed upon the tract; however, if the tentative map was allowed to go forward, the City would not be allowed to enforce those fees. He asked that Council call up the tract in order to consider rejection of the map based on the inability to mitigate the drainage because the City would be unable to collect drainage fees. Councilman Wilson moved to, by Minute Motion, call up Tentative Tract Map 24866, Southwest Partners, for review at the Council meeting of May 10, 1990. Motion was seconded by Snyder. Mayor Crites asked whether this was the same development that had been postponed previously because of the issue of paved roads in the hillsides. Mr. Diaz responded that it was the same project. Mayor Crites expressed concern with now denying something that could have been done except for the fact that the Council held them up. He asked whether some type of agreement could be signed which would allow the developer to proceed without having to wait until the moratorium expires. Mr. Erwin responded that this issue had been addressed. He said he had received from Mr. Diaz a proposal from the developer which stated their intent to pay all necessary storm drainage fees within reason from the current fee structure for this tract. He said it might be possible to work something out in the interim period. Mayor Crites called for the vote. Motion carried by unanimous vote of the Council. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • XIX. ORAL COMMUNICATIONS - D MR. DIAZ addressed the Council and stated that the City had received a Gold Award for its contribution to the United Way. As Chairman, he thanked the City employees who made the contributions. He expressed appreciation to the Finance Department and in particular to Janet Moore, who kept track of all of the records. He also thanked Paul Shillcock, who was Employee Campaigns Area Chairman for the Palm Desert Division of the United Way, and he presented the award to the Council. Councilman Kelly stated that because of the good job done this year by both Ray Diaz and Paul Shillcock, if he was still on the Council next year, he would volunteer to be the Chairman of the United Way drive if Mr. Folkers would be his Co -Chairman. Mr. Folkers agreed. XX. ADJOURNMENT Upon motion by Snyder, second by Benson, and unanimous vote of the City Council, Mayor Crites adjourned the meeting at 7:17 p.m. ATTEST: MARY P. F ER, DEPUTY CIT CLERK CITY OF PA DESERT, CALIFORNIA BUFORD A. CITES, MAYOR 13