Loading...
HomeMy WebLinkAbout1990-01-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 11, 1990 CIVIC CENTER COUNCIL CHAMBER . . . • . I. CALL TO ORDER Manor Crites convened the meeting at 4:15 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly 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 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 Paul Gibson, City Treasurer/Finance Director Pat Conlon, Director of Building & Safety Frank Allen, Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Adjourned Meeting of December 7, 1989, the Regular Meeting of December 14, 1989, and the Special and Regular Meetings of December 28, 1989. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR1116, WR1200, WR1202, and WR1205. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Neal Patler for Dad's Dog House, 72-695 Highway 111, #A-7, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dervieux, Inc., for Cuistot, 73-111 El Paseo, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Alldar for Club 74, 73-061 El Paseo, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Carol P. and Gerald P. Chubak for JC's Patio, 73-200 El Paseo, #IA, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by El Prado, Inc., for El Prado, 72-820 El Paseo, Palm Desert. Rec: Receive and file. H. CLAIM AGAINST THE CITY by Tamara Rand Harrison in an Unspecified Amount (Claim No. 127). Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. I. CLAIM AGAINST THE CITY by Geraldine Zell in the Amount of $1,548.00 (Claim No. 128). Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. J. AUDITED FINANCIAL STATEMENTS and Audit Reports for FY 1988/89. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • • • • • • • • • • • * • • • • * K. REQUEST FOR APPROVAL of Final Tract Map 24539 (Triad Pacific Development). Rec: Waive further reading and adopt Resolution No. 90-1, approving Tract Map 24539. L. CONSIDERATION of Prohibiting Through Commercial Vehicles from using Fairway Drive. Rec: Waive further reading and adopt Resolution No. 90-2, designating Fairway Drive between Cook Street and Portola Avenue as a street to be prohibited from use by through commercial vehicles. M. CONSIDERATION OF STREET NAME CHANGE for a Section of Portola Avenue. Rec: Waive further reading and adopt Resolution No. 90-3, setting a public hearing to consider a street name change for section of Portola Avenue that dead ends 2,000 feet east of Highway 74. N. REQUEST FOR RATIFICATION of Change Order No. 5 to Contract No. 00-100E, J.F. Davidson Associates, Inc., for Highway 111 (FAU) Widening. Rec: Ratify the City Manager's approval of Change Order No. 5 to Contract No. 00-100E in the amount of $5,256.00. O. MINUTES of El Paseo Business Association Meeting of November 2, 1989. Rec: Receive and file. P. CONSIDERATION of Fairway Drive Traffic Management Plan. Rec: By Minute Motion: 1) Make a finding pursuant to Palm Desert Municipal Code Section 3.32.090 exempting the contracting of pavement strlpinq services on Fairway Drive between Portola Avenue and Cook Street; and 2) Authorize Public Works Staff to issue a purchase order with Arrow Straight Striping in the amount of $10,131. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • • • • • • • • • • • • • • a • • Q. ACCEPTANCE OF WORK for Contract No. 00-369, Westscape Development Corporation, for Highway 74 Landscape Beautification. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. 00-369. R. RESOLUTION NO. 90-4 - A Resolution of the City Council of the City of Palm Desert, California, Confirming Assessments on Property Owners in Said City for Abatement of Weeds and Other Nuisances. Rec: Waive further reading and adopt. Upon motion by Wilson, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the City Council. VI. ORAL COMMUNICATIONS - A MR. GENE WAGNER, 38,748 Bautista Canyon Way, Palm Desert, spoke as a representative of Palm Desert Greens. He said a meeting had been scheduled for 7:00 p.m. on January 30th at Palm Desert Greens to allow residents an opportunity to ask questions relative to annexation to the City. He said Fire Chief Eric Vogt, the Executive Director from LAFCo, Police Chief Mike Lewis, and Finance Director Paul Gibson had all been asked to serve as panelists at this meeting. Mayor Crites stated that he had received a letter from residents of Palm Desert Greens relative to the Council not participating in any informal meeting. He said he felt it would be best that a Councilmember not partipate but that the Council stood ready to answer information questions by members of City staff. He added that City Manager Bruce Altman and Director of Community Development Ray Diaz would be attending. Councilman Kelly added that the Council was concerned that it not look as if the City is the impetus behind this annexation and that it had actually from Palm Desert Greens itself. With Council concurrence, Mayor Crites directed that members of the City staff attend the meeting at Palm Desert Greens on January 30th. VII. RESOLUTIONS None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 595 - 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 AS AN URGENCY MEASURE (FAIRWAY DRIVE BETWEEN PORTOLA AVENUE AND COOK STREET). Mr. Altman reviewed the staff report and offered to answer any questions. Councilman Wilson moved to waive further reading and adopt Ordinance No. 595 as an urgency measure. Motion was seconded by Snyder and carried by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 593 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CHANGE OF ZONE FROM R-2 (7) SINGLE FAMILY RESIDENTIAL TO O.P. (OFFICE PROFESSIONAL) FOR NINETEEN LOTS FRONTING FRED WARING DRIVE BETWEEN MONTEREY AND SAN ANSELMO AVENUES (CASE NO. C/Z 89- 11). Mr. Altman stated that there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilmember Benson moved to waive further reading and adopt Ordinance No. 593. Motion was seconded by Kelly and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. CONSIDERATION OF REQUEST BY MAY STORES AND TOWN CENTER FOR EXPANSION OF THE MAY COMPANY. Mr. Diaz reviewed the staff report, noting that May Stores wanted to expand the present store by 20,000 square feet and that it would be able to meet the parking requirements through restriping. He said the recommendation was that 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 the Planning Director be allowed to approve the expansion subject to the following conditions: 1) That May Stores agrees to participate in its fair share of the costs of a parking structure when plans for the expansion of the other major department stores are complete; 2) That the May Stores agrees to participate in the People Mover System under the same arrangements as made with Toys R Us and Ahmanson Corporation; 3) That the May Company agrees to contribute to a housing mitigation fee for its addition along the formula established by the Ahmanson development. Mr. Diaz noted that there were representatives from the May Company available to answer any questions. Mayor Crites asked that, in addition to the conditions listed in the staff report, staff also begin discussions with the Town Center relative to meeting the requirements of the new ordinance regarding trees. MR. DOUG SIMMONS, 74-130 Catalina, spoke as the General Manager of the Town Center and stated that Mr. Ernie Hahn was working with them on an expansion plan for the overall center. He said within the next 60-90 days, they hoped to come back to Council with a full program for the expansion, which would include some deck parking on the north side of the center. Councilman Wilson moved to, by Minute Motion, approve the request, subject to the conditions set forth in the staff report dated January 2, 1990. Motion was seconded by Snyder and carried by unanimous vote of the City Council. B. CONSIDERATION OF AN APPEAL OF A DENIAL BY THE ARCHITECTURAL REVIEW COMMISSION OF A REQUEST TO INSTALL CANVAS DRAPERY TO ENCLOSE AN OUTDOOR PATIO (TUTTI GUSTI. APPELLANT). Mr. Diaz reviewed the staff report. noting that the applicant wished to have temporary canvas drapery at the facility. He said staff's recommendation was that the Council grant the appeal and allow the installation of the drapery on a temporary basis for a period of three months, with the applicant to reapply to the Architectural Review Commission for approval within that period of time. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • • • • • a • • • • • • • • • • • Mayor Crites questioned the four reasons for the Architectural Review Commission's denial of this request, and Mr. Diaz responded that the applicant would address those issues. MR. PIERO PEIRATTIONI, owner of Tutti Gusti, addressed Council and said the main reason for denial was that the Commission did not like drapes. He said allowing the drapery would allow him to serve from 70 - 100 extra customers each night and that at this time it was too cold for those customers to be seated outdoors. He said the drapes would only be used in the evenings and would be pulled back during the day so that they would not be visible. Councilman Kelly stated that he had driven by the restaurant and, although the area In question could not be seen from El Paseo, Highway 111, or Highway 74, he felt the City needed to be consistent in its policies in approving this type of request. Mayor Crites stated that he had also looked at the area and that it was visible from some parts of Highway 74 and the parking lot. He said he noted three different restaurants on El Paseo where people were dining outside in the evening. He expressed concern that if the Council approved this request, there would be other restaurants coming in with similar requests. Also, the Council would have to recognize that by approving the request, it would be approving draperies as an appropriate item for restaurants. He said he did not think it was necessary and that he was not in favor of approving the request, based on the architectural issues. Councilmember Benson stated she would be in favor of denying the appeal and upholding the decision of the Architectural Review Commission. She felt there were other business owners In the community who could also claim economic hardship in order to obtain approval for covering their outside areas and thus get more people into their businesses. Councilmember Benson moved to, by Minute Motion, uphold the decision of the Architectural Review Commission and deny the appeal by Tutti Gusti. Motion was seconded by Crites and carried by a 4-1 vote, with Councilman Wilson voting NO. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 a a • • • a a • • • • • • a • • • .• • • * • • • • C. CONSIDERATION OF AN APPEAL OF AN ASSESSMENT IN DISTRICT NO. 87-1 (DUANE I. AND SHIRLEY A. STAFFORD, APPELLANTS). Mr. Altman stated that staff's recommendatioh was to continue this matter to the next meeting. He said at that time Mr. Joe Kicak, the engineer for the assessment district, would have a report for the Council. Mayor Crites asked if anyone was present in the audience who would like to speak to this issue, and no one spoke. Upon motion by Snyder, second by Benson, this item was continued to the meeting of January 25, 1990, by unanimous vote of the Council. D. CONSIDERATION OF THE FORMATION OF A PALM DESERT/INDIAN WELLS COMMITTEE TO CONSIDER A PROJECT PROPOSED BY TED LENNON. Mr. Altman stated there was a letter in the packets. He suggested that, if the Council was interested in pursuing this matter, a committee be appointed to study such a project. Upon question by Mayor Crites relative to the current zoning designation of the Indian Wells property, Mr. Diaz responded that he was not aware of the exact density but that it was very low. He added that the zoning would be a matter for the committee to discuss. Councilman Snyder moved to, by Minute Motion, direct the Mayor to appoint two Councilmembers, the City Manager, and the Director of Community Development/Planning to serve on this committee. Motion was seconded by Benson and carried by unanimous vote of the Council. E. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mayor Crites reported that he had received letters from citizens asking that the City purchase Palmer CableVision or indicating an interest in participating in the purchase of the company by citizens in the community. He said he had forwarded these letters to Councilman Wilson. Mr. Ortega added that he had provided copies of cable complaints received for the period December 11 through December 19, 1989. In addition, he said 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 . * * s . . a r s s s . s • * . s s . . • . * • * information had been requested from the County Assessor relative to the additional rate increase Palmer was imposing on residents. He said he would forward the information to Council as soon as the report was received. XI. CONTINUED BUSINESS A. PROGRESS REPORT ON SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE (Continued from Meeting of December 14, 1989). Mr. Altman asked that this item be continued to the meeting of February 8, 1990, because staff was in the process of sending information out to the other refuse company asking for a written response. Upon motion by Snyder, second by Benson, and unanimous vote of the Council, this item was continued to the meeting of February 8, 1990. B. CONSIDERATION OF AN APPEAL OF A ZONING ORDINANCE VIOLATION, EARL HORENSTEIN, PRESIDENT OF THE CLOTHES HORSE, INC., APPELLANT (Continued from Meeting of December 14, 1989). Mr. Frank Allen stated that a letter had been received from the El Paseo Merchants Association relative to this appeal which basically supported staff's recommendation that the surrey and ricksha bicycle in front of the store be removed (on file and of record in the City Clerk's Office). Mr. Altman recommended that the Council consideration the matter at this time instead of continuing it as indicated on the Agenda. Mayor Crites invited input from the appellant. MR. EARL HORENSTIN, President of The Clothes Horse, stated that at the suggestion of the Council during the last meeting, he had contacted the El Paseo Merchants Association. He said he spoke with Dennis Becker who Indicated that the Board had met and that no one had any objections to the rickshaw and surrey in conjunction with the American flag where it is. Councilman Wilson moved to, by Minute Motion, approve the recommendation of the El Paseo Merchants Association and refer the matter to the Architectural Review Commission for judgment. Motion died for lack of a second. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11,.1990 • • • • • • • • • • • • • • • • • • • • • • • • • Council Comments/Questions: Crites: Went and looked at the business. Felt the surrey on the walkway was not objectionable. However, the rickshaw in front of the store had a large sign stating "The Clothes Horse", which he felt was advertising. In addition it had night lighting. Said it drew deliberate attention to the store and was an advertising display item, whether it was done intentionally or not. If the City's code does not allow such items, either the code must be changed or the business found in violation of the code. Kelly: Felt the appellant should have known this was against the code since he had already gone through the same process on Presidents Plaza. Felt he should have asked for Council Permission before just putting it up. Said there were other businesses where items are put out during the day and then taken back in when they close. Mr. Horenstetn said the surrey was on a patio deck, not on a roof. He said he had also circulated a petition for a two - block portion and that all businesses had approved of the surrey being there. He added that an artist had also identified it as a sculpture. Benson: Said the surrey or rickshaw does not seem to have had an effect on the business if Mr. Horenstetn has been in Palm Desert for 15 years. If the Council allows these types of items, what will be put up next? Said she did not want the matter referred to Architectural Review Commission. Felt it was objectionable and should be taken down. Wilson: Seems to be some discrepancy in that the letter from the El Paseo Merchants Association recommended that the matter be referred to the Architectural Review Commission, while the appellant stated that a member of the El Paseo Merchants Association Board had advised there were no objections. Councilman Wilson moved to continue the matter until such time as the Code Enforcement Director has an opportunity to meet with the El Paseo Merchants Association Board to determine its position. Motion was seconded by Kelly. Mayor Crites stated that there were two issues of concern: 1) Whether having the rickshaw in front of the store constitutes advertising, which the City's zoning prohibits; and 2) Whether the surrey on an interior courtyard has any particular 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 . . . . . . . . . . . . . . . * s . s . . . s . • relationship to drawing business to the type of store, which may be a judgment call. Councilman Wilson amended his motion to direct staff to separate the issues before the El Paseo Merchants Association and ask that the Board comment on both. Councilman Kelly agreed to amend his second. Motion carried by unanimous vote of the Council. XII. OLD BUSINESS A. CONSIDERATION OF REQUEST FROM PALM DESERT HISTORICAL SOCIETY FOR ASSISTANCE IN THE REHABILITATION AND MAINTENANCE OF THE EL PASEO FIRE STATION. Mr. Shillcock reviewed the staff report, noting that the recommendation was that the City accept title to the property and that staff be instructed to secure the property and initiate the preparation of bid documents for the required repairs. MR. TONY FAIRCHILD spoke on behalf of the Elks Lodge of Palm Desert and said the organization was currently renting space two blocks from the fire station. He said he wished to make Council aware of the fact that the Elks were also in need of a home and would not need any funding from the City if they were able to obtain this piece of property. He asked that they be considered for this building or another building in the City in the near future. Councilmember Benson explained that the City was not purchasing the building and that, in fact, the property was given to the Historical Society by the Clifford Henderson estate, with the provision that if the Historical Society could not finance and maintain it, it would be deeded to the City of Palm Desert. She added that since that time, the Historical Society had been trying to keep the building in a respectable condition and felt it would be best to allow the City to take title at this time in order to maintain it. Mr. Erwin added that there was a deed restriction on the property so that when it comes back to the City, it must be used for historical purposes. Councilmember Benson moved to, by Minute Motion, accept title to the property and instruct staff to secure the property and Initiate the preparation of bid documents for the required repairs. Motion was seconded by Kelly and carried by unanimous vote of the Council. 11 MINUTES REGULAR PAL.M.DKSERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • • • • • • • a a • • • • a • • • B. CONSIDERATION OF REQUEST BY COACHELLA VALLEY COUNSELING SERVICE FOR FACILITIES IN THE CIVIC CENTER SITE. Mr. Diaz reviewed the staff report, noting that when the City first incorporated, there was a policy of no donations to outside organizations. When the City became stronger economically, it began to assist organizations, and each year a committee reviews the requests for assistance. He said that in no instance has the City granted private philanthropic organizations a donation of land. MS. GAYLE THOMAS, Director of Development for Coachella Valley Counseling Service, addressed the Council and showed them a rendering of the building being proposed for the Civic Center site. She said she had spoken with Jerry Hundt of the YMCA and was advised that there was no space available for her organization in the YMCA facilities. She asked that the Council approve her organization's request for a donation of land. Councilman Wilson asked whether his position on the Advisory Board for the Coachella Valley Counseling Clinic would be considered a conflict of interest. Mr. Erwin responded that it would not but that it might give the appearance of a conflict of interest. Council Comments/Questions: Wilson: Years ago had reservations about opening up the flood gates by providing lands for outside organizations. Precedent wise, that flood gate had been opened up and the City now needed to decide these requests on a case by case basis. The YMCA provides a legitimate recreational need for the community and should be supported. The City has done a lot for the youth of the community as far as recreational facilities. However, one area where nothing has really been done other than the $12,000 contribution to the Coachella Valley Counseling Clinic is to look at the mental health needs of the youth in the community. This is an opportunity for the City to say it is concerned with the mental as well as physical health of the youth, and the Civic Center site would be ideal because of the YMCA facility also being located there. Snyder: Recognized everything Councilman Wilson stated, but as a member of the Civic Center Steering Committee, said there was not an abundance of lard to give. It was Mkb 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • a • • • • • • • • • • • • • • • • • • a • • just recently determined that the library is to be located on the Civic Center site. The Committee last week completed the Master Plan for this area, and there is no space available. Kelly: It was his understanding that this Council felt if an organization was considered a worthwhile organization that contributed to the community, and if it showed there wherewithal to put together and finance a building program, the City would assist in acquiring or providing land. The Coachella Valley Counseling Service has indicated it would completely finance the building; all the City would have to do in order to have this facility in the community is to provide the land. Although there are plans for this area, that is all they are, and plans can be adjusted if necessary. Felt a more detailed staff report would be helpful in making a decision. Would like to see this facility in Palm Desert. Benson: Did not understand that the organization was going to build the faci 1 ity with no help from the City. Asked where the financing would come from, since this organization comes to the Council every year with a request for assistance. Councilman Wilson responded that a fund raising committee was working on obtaining contributions, similar to what the YMCA has done in the past. Crites: Felt this was a private, not public organization. Concerned with not duplicating services that might be better provided by a facility using County services. Councilman Snyder moved to, by Minute Motion, deny the request for a building on the Civic Center site. Benson: Some time ago the Art Museum asked for a site, and the Council said the City would assist in finding land somewhere else. The same thing happened with the Children's Museum. An economic study has been done relative to what will go on this property, and it cannot keep being changed. Mr. Altman stated that staff was finally ready to go out to bid and suggested that another suitable site be found for this organization. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • a • • • • • • • a • • • • a a • After additional discussion, Councilman Snyder withdrew his previous motion and moved to, by Minute Motion, direct staff to bring forward to the Council a program of philosophy dealing with the locating of not -for -profit organizations on public land and, if this organization fits into that philosophy, to recommend a site location. Motion was seconded by Benson and carried by unanimous vote of the Council. C. CONSIDERATION OF CITY OF RANCHO MIRAGE PARK/MONTEREY AVENUE AND DINAH SHORE DRIVE. Mr. Diaz reviewed the staff report and recommendation and offered to answer any questions. Mayor Crites stated that he had spoken with the Mayor of Rancho Mirage, who had indicated that the only request they wanted to make of Palm Desert was cooperation in terms of an active sports facility. He said he had also indicated there was no objection to reconvening the Tri- Cities Committee. However, an actual timetable needed to be established. He said if, in three months time, the committee is still just studying the matter, the Desert Youth Sports Organization (DYSO) would have good reason to question the ability of government to move forward. He said he did not want to see a long series of meetings that ends up with another report. Councilman Wilson agreed, stating that the committee was first convened in 1987 and was no closer to having a park now than it was then. Mr. Diaz responded that the reason for the delay was that the city volunteering the acreage for the park had requested time to complete the consulting study. Councilman Wilson moved to, by Minute Motion, indicate the City of Palm Desert's willingness to pay its fair share for the building of the athletic fields on the land provided by Rancho Mirage and reconvene the Tri-Cities Committee to facilitate the quick construction of those facilities. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mayor Crites also asked that staff include on every City Council Agenda an update on the Tri-Cities sports complex. Council concurred. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 * * * * * * * * * • s ; * * * • * s ; • • s * • * D. CONSIDERATION OF A STAFF RECOMMENDATION FOR APPLICATION FOR A LIBRARY GRANT. Mr. Diaz stated that staff was in the process of applying for a State library grant and asked for authorization to do so. Councilman Kelly moved to, by Minute Motion, authorize staff, in coopration with the Riverside County Library, to process an application for a 15,000 square foot library facility to be located within the Civic Center complex. Councilman Wilson stated that he had attended a meeting with the College of the Desert and an ad hoc committee working on the library. He said although the College was anxious to move forward, there were difficulties as far as the cooperative agreement, and an alternative proposal was suggested. Councilman Wilson asked if Councilman Kelly would agree to amend his motion to authorize staff to proceed with the processing of the application for the grant and also direct staff to explore the alternative proposal submitted to the ad hoc committee. Councilman Kelly agreed. After additional discussion, Mr. Diaz stated that the grant would just be for the building. He suggested that there be two separate motions in order to avoid any confusion when applying for the grant. Councilman Kelly withdrew his motion. Councilman Wilson moved to, by Minute Motion, authorize staff to proceed with the processing of the application for a library grant. Motion was seconded by Kelly and carried by unanimous vote of the Council. Councilman Wilson moved to, by Minute Motion, direct staff to explore the alternatives presented to the library ad hoc committee by College of the Desert. Motion was seconded by Snyder and carried by unanimous vote of the Council. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • • • • • • • • • • • • a •• • • .• XIII. REPORTS AND REMARKS NOTE: This section was discussed following Public Hearings. A. CITY MANAGER 1. Speed Controller Radar Display Mr. Altman asked that the Council add this item to the Agenda for consideration. Councilman Snyder moved to add this item to the Agenda as one which arose after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mr. Altman reviewed the memorandum dated January 9, 1990, from Captain Mike Lewis. He noted that both the Police Advisory Committee and the Technical Traffic Committee had recommended that the City purchase the speed controller display device at a cost of approximately $1,800. He added that it would be used by citizen volunteer groups in the various problem areas of the City, such as El Paseo, Fairway Drive, Portola Avenue, etc. Councilman Kelly moved to, by Minute Motion, approve the purchase of a speed controller radar display device for the City at a cost of approximately $1,800. Motion was seconded by Benson. Councilman Wilson said he would support the purchase but expressed concern that once the newness wears off, it wi l 1 be difficult to find volunteers to operate it. He asked that staff come up with a "Plan B" to ensure that this device will not just "sit in the closet". Mr. Altman responded that staff would do so. Mayor Crites called for the vote. Motion carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Erwin asked that Council adjourn to Closed Session following the meeting pursuant to Government Code Section 54956.9 (a) and (b), pending and potential litigation (Indian Springs Trust vs. City of Palm Desert). 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. RCTC Report on Measure A Funds. Councilman Wilson stated that the Riverside County Transportation Commission's report on Measure A monies allocated in 1989 indicated that Palm Desert was receiving $140,000. He said he felt it was important to let the citizens know how the City uses those funds and asked for a quarterly report from staff. He suggested that after each such report, staff be directed to publicize it in the newspaper. 2. Sister Cities Program Councilmember Benson said she felt that, in view of the fact that Steve McGrath is here from Sister City Gisborne, New Zealand, staff should be looking at other ways the City of Palm Desert can participate in the Sister Cities Program. Mayor Crites stated that he had met with Brian Crawshaw of Gisborne during the holidays and discussed the current level of activity. He said that since that time, Mrs. Gilligan had been directed to begin packaging materials to be sent to Gisborne, including the Palm Desert Post newspaper, the quarterly City newsletter, the calendar, etc. He said he had also been in contact with The Living Desert relative to a tree exchange program with Gisborne but that there were problems with Customs regulations. He suggested that perhaps an area could be set aside in the Civic Center Site for representative tree samples from Gisborne. Mayor Crites also reported that he had discussed with Mr. Altman the possibility of having a more formalized, ongoing exchange of personnel between the two cities, such as every other year selecting two or three people who are most innovative, etc., and sending them to Gisborne. Mayor Crites reported that he, as current Mayor, had been invited to speak at the National Sister 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • • • • • • • • • • • • s • • • • Cities Conference in New Zealand in April of this year. Councilman Kelly said he felt if Palm Desert were to decide to have another sister city, it should be somewhere closer, such as Canada, Mexico, or Central America. He said he felt Gisborne was so far away it was very difficult to do much with them. 3. Half Lots on San Pablo Mayor Crites asked that staff provide a progress report in the next few weeks on the City's half lots on San Pablo, including what is currently happening and plans for the future. 4. RV Ordinance Mayor Crites asked that a report be provided at the next meeting relative to enforcement of the Recreational Vehicle Ordinance in newly annexed areas of the City. o City Council Committee Reports: 1. Report Relative to City/County Cooperation (Mayor Buford A. Crites). Mayor Crites noted that an information report had been included in the packets relative to City/County Cooperation. 2. Mayor Crites stated that Mr. Charles Martin wished to address Council as a member of the City's Pubilc Art Committee. Mr. Martin reported on the recent meeting of the Committee and its recommendation that the City postpone for approximately six months going out to bid for the center medians from the west end of Palm Desert to Monterey Avenue. He said the Committee felt there should be some kind of statement and something unifying through the City and if the Council agreed, then it needed to decide what kind of statement should be made for those medians. He also suggested getting input from other City committees and commissions on what kind of art should be put there. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 * • * • • • • • * • * • • • • • • • • • • • • • • Mr. Altman responded that he would not favor this approach because the City has received more heat on that particular segment of landscaping than any other in the City, especially since it is the entrance to Palm Desert. He added that it was too busy an area to put a piece of art. Mayor Crites said if the City was starting from scratch to look at this issue, he would favor not doing anything until the Public Art Subcommittee had a chance to look at not only making a landscaping statement there, but also moving well beyond traditional landscaping. He said the idea of having art primarily appearing in corners or on pedestals needed to be changed. Councilman Kelly asked whether this had gone back to the Civic Arts Committee and was advised thatit had not. He said a committee had been working on this landscaping for the.last two and a. half years, and the City needed to momve forward with it now. No Council action was taken on this matter. XIV. ORAL COMMUNICATIONS - B None Mayor Crites recessed the meeting at 6:06 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 A. APPOINTMENTS TO THE CIVIC ARTS COMMITTEE. Councilman Snyder moved to, by Minute Motion, appoint Julie Bornstein and Alex Yaron to fill new three-year terms. Motion was seconded by Kelly and carried by unanimous vote of the Council. 19 MINUTES Rf GULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • • • • • • • • • • • • • • • -• • • • B. APPOINTMENT OF FOUR MEMBERS TO THE EL PASEO BUSINESS IMPROVEMENT AREA BOARD OF DIRECTORS. Councilman Kelly moved to, by Minute Motion: 1) Ratify the results of the election held in December, 1989; and 2) Appoint Mao Ling Linstead, Dennis Becker, Harry Hoyt, and Tyler Ryder to serve three-year terms. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. APPOINTMENT OF TWO MEMBERS TO THE ARCHITECTURAL REVIEW COMMISSION. Councilman Wilson moved to, by Minute Motion, appoint Frank Urrutia to the Architectural Review Commission as a regular member and Wayne Connor as an Alternate. Motion was seconded by Snyder and carried by unanimous vote of the Council. XVII1. PUBLIC HEARINGS WITH COUNCIL CONCURRENCE, PUBLIC HEARING "D" WAS CONSIDERED PRIOR TO THE REMAINDER OF THE PUBLIC HEARINGS. SEE THAT SECTION OF THE MINUTES FOR DISCUSSION AND COUNCIL ACTION. matter. A. REQUEST FOR CONSIDERATION OF ABATEMENT OF PUBLIC NUISANCE. Mr. Altman stated that this was not legally advertised correctly and that a new notice had to be published. He recommended that any public testimony be received and that the public hearing be closed. Mrs. Gilligan added that the legal notice indicated the incorrect name for the property owner. Mayor Crites declared the public hearing open and invited testimony from the audience. None was offered, and he declared the public hearing closed. No Council action was necessary or taken relative to this B. REQUEST FOR CONSIDERATION OF HOVLEY LANE STREET NAME CHANGE. Mr. Folkers reviewed the staff report, noting that staff's recommendation was that the Council adopt Resolution No. 90-5, approving the street name change to the following: a) "Hovley Lane West" between Monterey Avenue and Portola Avenue; 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • * * • * • • • • * • * • • • * • a • • • • * b) "Hovley Lane East" between Portola Avenue to Carlotta Drive, which includes the unpaved section from Portola Avenue to Corporate Way; c) "Silver Sands Park Way", the existing Hovley Lane east of Portola Avenue adjacent to the Silver Sands Racquet Club to the dead end. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-5, approving a street name change/redesignation for Hovley Lane as described above and in the staff report. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT FOR AN 11,537 SQUARE FOOT OFFICE PROJECT WITHIN AN R-3 (4) ZONE LOCATED AT THE NORTHEAST CORNER OF ALESSANDRO DRIVE AND SANTA YNEZ AVENUE (CJH PARTNERS, APPLICANT) Case No. CUP 89-12. Mr. Phil Drell, Associate Planner, reviewed the staff report and offered,to answer any questions.. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. CHARLES MARTIN, 40-840 Thunderbird Road, Rancho Mirage, spoke as the architect and offered to answer any questions Council might have. Councilman Wilson moved to waive further reading and adopt Resolution No. 90-6, approving CUP 89-12, subject to conditions attached to the Resolution. Motion was seconded by Kelly and carried by unanimous vote of the Council. D. CONSIDERATION OF AN APPEAL OF CASE NO. TT25034 - KEN-MOR ENTERPRISES (VALLEY PALMS HOMEOWNERS ASSOCIATION, APPELLANT). Mr. Diaz stated that staff's recommendation was to continue this matter to the meeting of January 25th because it was not advertised correctly. He said in the meantime, staff's intention was to try and arrange a meeting between the applicant and the appellant to see if it is possible to mitigate the differences and concerns. Mayor Crites declared the public hearing open, and invited testimony from the audience. None was offered. 21 MINUTES REGULAR PALM 6ESERT CITY COUNCIL MEETING JANUARY 11, 1990 • • • • • • • * • • • • • * • • * • • * • • • - • • On behalf of the City Council, Mayor Crites apologized to the applicant for the error in not properly noticing this public hearing and, therefore, causing it to be continued. Councilman Snyder moved to continue this matter to the meeting of January 25, 1990. Motion was seconded by Benson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilmember Benson moved to adjourn to Closed Session at 7:50 P.M. pursuant to Government Code Section 54956.8, Real Property Transactions, 54956.9(a) and (b), Pending and Potential Litigation (Indian Springs Trust vs. City of Palm Desert), and Personnel; said Closed Session to immediately following ajdournment of the Redevelopment Agency meeting. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mayor Crites reconvened the meeting at 8:15 p.m. and immediately adjourned with no action announced from Closed Session. BUFP0 A. CRITES, MAYOR ATTEST: / // SHEILA R. GILLIGAN, CITy CLERK CITY OF PALM Dt-SERT, CALIFORNIA