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