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HomeMy WebLinkAbout1990-02-22MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 22, 1990 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. Il. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Councilmember Jean M. Benson 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 Sheila R. Gilligan, City Clerk/P.I.O. Carlos L. Ortega, ACM/Director of Redevelopment Agency Ramon A. Diaz, ACM/Director of Community Development/Planning Richard Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Frank Allen, Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 8. 1990. Rec: Approve as presented. MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1990 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0113, WR0117, WR0200, and WR0202. Rec: Approve as presented. C. RESOLUTION NO. 90-21 - 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 Public Works that have been Microfilmed. Rec: Waive further reading and adopt. D. REQUEST FOR APPROVAL of Final Tract Maps 24254, 24254-1, and 24254-2 (Barcon Development, Applicant). Rec: Waive further reading and adopt Resolution No. 90-22 approving Tract Maps Numbers 24254, 24254- 1, and 24254.2. E. REQUEST FOR APPROVAL of Final Tract Map 25217 (John 8 Sean Kearney, Applicants). Rec: Waive further reading and adopt Resolution No. 90-23 approving Tract Map 25217. F. REQUEST FOR RELEASE of Subdivision Improvement Security for Tract Map 22622 (Sunrose Properties, Inc., Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject subdivision improvement securities. G. REQUEST FOR APPROPRIATION of Funds for Hazardous Waste Disposal. Rec: By Minute Motion, authorize the appropriation of $10,000 from the unobligated general fund to Account No. 110-4331-3054. 2 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1990 • * * • * * * i * • • * * • • • • • • • * • • • • H. CONSIDERATION OF REQUEST FROM VISTA PASEO for the Refund of a Portion of Building Fees Paid. Rec: By Minute Motion: 1) Authorize the refund of $15,339.56 to Vista Paseo, 102 Chelsea Circle, Palm Desert, for eight single family dwelling permits issued on June 30, 1989, which are now not going to be built; and 2) Authorize the appropriation of $15,339.56 from the unobligated general fund reserves. I. REQUEST FOR APPROVAL of the Designation of Tour Bus Loading Zones along El Paseo. Rec: By Minute Motion, approve the proposal of tour bus loading zones along El Paseo, with the exception of three midblock stops which is to be further discussed between City staff and the El Paseo Business Association. J. REQUEST FOR AUTHORIZATION to Reject all Bids Received for Riding Mower and Readvertise and Call for Bids for Same. Rec: By Minute Motion: 1) Reject all bids received for a front deck riding mower; and 2) Authorize the City Clerk to readvertise and call for bids for a front deck riding mower. K. REQUEST FOR AWARD OF CONTRACT for Traffic Signal at Country Club and Old Ranch Road/Desert Falls Parkway (Contract No. 00-418). Rec: By Minute Motion: 1) Award Contract No. 00-418 to BSI Consultants, Inc., in the amount of $5,497.00 as the negotiated quotation amount; and 2) Authorize a ten percent contingency reserve for the contract in the amount of $550.00. L. RESOLUTION NO. 90-24 - A Resolution of the City Council of the City of Palm Desert, California, Accepting the Role as Lead Agency in Connection with the Design and Construction of Certain Improvements at Monterey Avenue, Cook Street, and the Interstate 10 Freeway. Rec: Waive further reading and adopt. Upon motion by Kelly, second by Benson, and unanimous vote of the City Council, the Consent Calendar was approved as presented. 3 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22. 1990 • • • • • • • • • • • • • • • • • • • •• f •.. - • s • VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 90-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1989-90 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS. Mr. Altman stated there was a memo in the packets from City Treasurer/Finance Director Paul Gibson. He offered to answer any questions. Councilmember Benson moved to waive further reading and adopt Resolution No. 90-25, amending the fiscal year 1989-90 budget as a result of mid -year adjustments. Motion was seconded by Snyder and carried by unanimous vote of the Council. VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 596 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT PERTAINING TO PARKING LOT TREE STANDARDS, CASE NO. ZOA 89-2. Mr. Altman stated there were no changes to this ordinance since its introduction. Councilman Wilson moved to waive further reading and adopt Ordinance No. 596. Motion was seconded by Kelly and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1990 X. NEW BUSINESS A. CONSIDERATION OF OFFER BY SANDPIPER PRESIDENTS ASSOCIATION TO DONATE THE PROPERTY AT THE CORNER OF EL PASEO AND HIGHWAY 74 FOR PUBLIC ART. Mr. Altman recommended that this matter be referred to staff to negotiate an agreement and report back to Council at its next meeting. Councilman Wilson moved to, by Minute Motion, refer this matter to staff to negotiate a mutually acceptable agreement and report to Council at its meeting of March 8, 1990. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega stated that at the last meeting he had reported on the FCC meeting in Los Angeles relative to determining what is considered effective competition. He said a position paper was being put together that would be submitted to the FCC by the deadline of April 6th. He added that staff was also looking into the various bills dealing with rate reregulation. Councilman Wilson stated that the Danforth bill had been discussed at the last meeting as being the one that would facilitate telephone companies getting into the cable business. He said that apparently it was not the right one and that currently all of the bills were being reviewed by staff. 2. Update on Tri-Cities Sports Facility. Councilmember Benson reported that an item of discussion during the recent Tri-Cities Committee meeting was the way in which participation by the various cities should be computed. She said it was the consensus that it not be based on assessed property value but rather on a participant basis, because it would not be fair for those people who do not have children. Councilman Wilson disagreed with Councilmember Benson and said that even if people do not have children, they are dependent upon service workers who do have children. s MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1990 • • • • -• • • • • • • • • • • • • • • • •• -- • - -•- • • Councilman Snyder agreed with Wilson and said he felt it was the responsibility of the entire citizenry to take care of the children. Councilman Kelly also agreed and stated that the City of Palm Desert has provided the sports complex for a very long time and had never asked where the children came from. He said children from cities other than Palm Desert were not going to be turned away just because they did not live in the City. He added that he felt population was a far more equitable way to fund this facility. He suggested and with Council concurrence Mr. Diaz was directed to adjust the formula to include credit for Palm Desert for the ball fields already being provided. XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF CIVIC CENTER OFFICE SPACE CONTRACT NO. 00-415 (Continued from the Meeting of February 8, 1990). Mr. Altman asked that this item be held until after the remainder of the 4:00 p.m. portion of the Agenda was completed so that Council could recess to the Administrative Conference Room for discussion. Council concurred. 8. CONSIDERATION OF APPEAL BY SUNRISE COMPANY OF TRANSIENT OCCUPANCY TAX AUDIT (Continued from the Meeting of February 8, 1990). Mr. Altman noted that there was a letter in the packets from Sunrise Company withdrawing the appeal. Councilman Snyder moved to, by Minute Motion, accept the letter of withdrawal. Motion was seconded by Benson and carried by unanimous vote of the Council. XII. XIII. OLD BUSINESS None REPORTS AND REMARKS A. CITY MANAGER Mr. Altman stated that Council had heard a presentation at the last meeting by General Telephone relative to an 6 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1990 • • • • • • • • • • • • • a • • • • • • • • • a • alternative to cable television. He asked that the Councilmembers decide on a mutually acceptable date to visit the General Telephone office in Cerritos to look at the cable system. After discussion, it was decided that Councilmembers Benson, Kelly, and Wilson would leave at 10:00 a.m. on March 16th to visit the facilities. B. CITY ATTORNEY None C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. Senior Center Birthday. Councilmember Benson reported that when she attended the 5th Birthday celebration at the Senior Center, several Board members had indicated they were very pleased with Mr. Bob Spiegel's participation on the Board as the City's representative. She asked that the Mayor send a letter of commendation to Mr. Spiegel for his service to this organization. 2. Legislation Mayor Crites reported on the following legislation: - golf cart legislation currently in the legislative counsel office, with an initial draft to be available for review in several weeks. -- no apparent changes relative to the low- or no -tax bill, SB 709. -- legislation coming up that would have an impact on the City. Intent is to take any disputes over pass -through agreements on redevelopment funding, allow each city and 7 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1990 • • • a a a • • • • a a a a • • a • • • • • • • • •-1, the county to make its best case, and present it to a Superior Court judge for decision. He said a suggestion for the City's lobbyist was to include allowing use of a person or persons who are mutually agreeable to both parties; in other words, the arbitration system. 3. On behalf of the City Council, Mayor Crites commended the City Clerk's Office on the nice job of framing the print of the Council Chamber mural for Assemblywoman Tricia Hunter and for the invitations to the Highway 74 landscaping ribbon cutting. 4. Mayor Crites stated that an item had r -e up at Tuesday's Planning Commission meeting elative to roads in the hillside areas of the City, and he asked that Council add this item to the Agenda for discussion and possible action. Councilman Wilson moved to add this item to the agenda as one which arose after the agenda was posted. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Crites stated that a tract map had been submitted for four homesites on the west side of the Palm Valley Channel. He said the Planning Commission was ready to pass approval and felt everything about the site design, etc., was high quality. However, one Commissioner wanted to know Council's philosophy in terms of whether or not all roads in the City should be paved. He said that at the present time, roads on the other side of the Channel were not paved, and approval of this project was pending Council's determination. Mr. Diaz added that the road within the subdivision itself would be paved and colored to match the hillside. He said the issue was the road to the subdivision on the other side of the Channel. Mayor Crites stated that he had spoken with several different homeowners in the area who expressed the feeling that this was a rural area, and one of the reasons for living there is because it is an area of low density. He said 8 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING • • . . * • • • • • • • • • • • • • FEBRUARY 22, 1990 • • • • • • • the road in question actually belongs to the Water District, acts as a floodway, and would require fairly extensive flood engineering. He added that the within the tentative tract map, the developer was meeting the City's requirements for streets, and the access road to the project was not to be developed and used as a public street. Mr. Folkers added that the Water District did not intend to pave the road but that the City could if it chose to do so. Councilmember Benson stated she felt paving the road would encourage people to build up •in the hillsides. Upon question by Councilmember Benson, Mr. Diaz responded that approval was being held up because one of the Planning Commissioners wanted to have a report from staff regarding paving of roads, and the issue was whether or not the road along the Channel should be paved. Councilman Wilson moved to, by Minute Motion, direct staff to prepare such a report and bring it back to Council prior to submitting it to the Planning Commission. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIV. ORAL COMMUNICATIONS - B CONTINUED A. BUSINESS None REQUEST FOR APPROVAL OF CIVIC CENTER OFFICE SPACE CONTRACT NO. 00-415 (Continued from the Meeting of February 8, 1990). At 4:40 p.m., the Council relocated to the Administrative Conference Room for a presentation by The Brothers. Mr. Shillcock reviewed the staff report and history of the project. He introduced The Brothers, Bob and Pat Bonnett. Mr. Pat Bonnett explained the proposal and phasing, noting they were very interested in doing this project for the City, whether it was all one-story or both one- and two- story. He reviewed the financing of the project, noting that each parcel would have a $1.00 per year land lease 9 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • and would be fully owned by the City after 30 years. He said the City would receive 20% of the net cash per building. Upon question by Councilman Wilson relative to the financing mechanism, Mr. Shillcock responded that the proposal was to use available cash now and to go with a bond issue if there was not sufficient cash. He added that one of the design requirements was that the buildings have to be compatible with everything else and cannot detract from the Civic Center buildings. In addition, there would be a community room available for the tenants to use at no extra cost. It would also include kitchen facilities and oversized restrooms available for anyone performing on the amphitheater stage to use as dressing rooms. Councilman Snyder stated that he felt bringing other areas of government, such as CVAG, etc., to Palm Desert was important in making Palm Desert the center point of the Valley. Councilman Wilson verified the recommendation that staff be authorized to proceed with finalization of an agreement not to exceed $40,000 for the first step of the proposal and determine at the end of that time whether it is feasible or not. Mr. Pat Bonnett stated that if the project was determined to be feasible and construction ensued, the $40,000 would be paid back to the City in full. Mayor Crites stated he understood Councilman Snyder's statement relative to having Palm Desert the center of the Valley but did not feel Palm Desert should be subsidizing the rent for other governmental agencies. Councilman Wilson said although he had been concerned about the two-story element, he liked the concept of the two-story building not being any higher than the one-story. He moved to, by Minute Motion, authorize staff to move forward in finalizing an agreement with The Brothers for Step 1 of their proposal and appropriate $40,000 from the unappropriated reserve. Motion was seconded by Snyder. Councilman Kelly said he agreed with spending $40,000 to determine if this project is feasible. However, while he said he was not overwhelmed with the idea of subsidizing offices for senators, congressmen, etc., because he felt they had other ways of getting funds, he did understand 10 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1990 . . . . . . . . . . . . . * . . . . . . . . . . . providing office space for such organizations as CVAG. He said he was very reluctant to get into a situation where the City is competing with other businesses in the free enterprise system. He stated that, with all of the potential activities in the area, some type of food concession or restaurant should also be considered. Council member Benson agreed with Councilman Kelly's remarks about providing office space and also agreed that $40,000 was well worth spending to determine the feasibility of the project. Mayor Crites called for the vote. Motion carried by unanimous vote of the Council. Mayor Crites recessed the meeting at 5:35 p.m. for dinner. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. CONSIDERATION OF REOUEST FOR VACATION OF ROADWAY EASEMENT WITHIN A PORTION OF SECTION 8/SOUTH SIDE OF COUNTRY CLUB DRIVE BETWEEN PORTOLA AVENUE AND MONTEREY AVENUE (McBall Company, Applicant). Mr. Folkers reviewed the staff report, noting that this easement was no longer necessary. He recommended adoption of the resolution vacating the subject roadway easement. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this street vacation. None was offered, and he declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-26, vacating the subject roadway easement. Motion was seconded by Snyder and carried by unanimous vote of the Council. 11 MINUTES ADJOURNED/REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 1990 • • * • • • • • • • • • • • • • • • • • • • • • • XIX. ORAL COMMUNICATIONS - D MR. BEN WATSON, Santa Rosa Street, addressed the Council relative to rezoning his property and all of Santa Rosa from residential to office professional. Mayor Crites suggested that Mr. Watson speak with Mr. Diaz and Mr. Ortega following adjournment of this meeting to set up an appointment to discuss his concerns. XX. ADJOURNMENT Upon motion by Snyder, second by Kelly, and unanimous vote of the Council, Mayor Crites adjourned the meeting at 7:05 p.m. ATTEST: SHEILA R. GII/LIGAN, CITE-7CLERK CITY OF PALM `DESERT, CIFORNIA BUFORD CRITES, MAYOR 12