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HomeMy WebLinkAbout1990-01-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY. JANUARY 25. 1990 CIVIC CENTER COUNCIL CHAMBER ■ i ! • # f ; I. CALL TO ORDER Manor Crites convened the meeting at 4:10 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Temoore Walter H. Snyder III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman S. Roy Wilson Manor Buford A. Crites Also Present: Bruce A. Altman. City Manager David J. Erwin. City Attorney Sheila R. Gilligan, City Clerk Carlos L. Ortega. A.C.M./Redevelopment Agency Director Paul Shillcock, A.C.M./Director of Economic Development Ramon A. Diaz. A.C.M./Director of Community Development Richard 5. Folkers, A.C.M./Director of Public Works V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 11. 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR1211, WR1213, WR0101, and WR0104. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 • • • • a • • • • • • • • • • • a • • • • • • • • C. RESOLUTION NO. 90-7 - A Resolution of the City Council of the City of Palm Desert. California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety That Have Been Microfilmed (December, 1989). Rec: Waive further reading and adopt. D. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Traffic Striping on Various City Streets (Contract No. 00-355). Rec: By Minute Motion. authorize the City Clerk to advertise and call for bids for the subject project. E. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for a Front Deck Riding Mower with Grass Catcher. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for a new front deck riding mower, Toro 220-D or equivalent, with grass catcher. F. CO NSI_DERATION of the Upgrading of City Gasoline Fuel Tanks to Meet South Coast Air Quality Management District's Requirements (Contract No. 00-409). Rec: By Minute Motion: 1) Determine that the contract for improvements constitutes a unique situation and. therefore. is exempt from normal bidding process as outlined in Palm Desert Municipal Code Section 3.32.090; 2) Authorize the approval of the subject contract and authorize the Mayor to enter into a contract with Boen's Automated Station Maintenance in the amount of $7.234.30. G. REQUEST FOR__ APPROPRIATiON_ OF _FUNDS for Upgrading of Presidents Plaza Landscaping. Rec: By Minute Motion. authorize the appropriation and loan of $20,000 from the unobligated general fund reserves to Account No. 770-4520-3320, Presidents Plaza Assessment D'trict. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 f ; f ; * f * f # f ! # i f i i f • f * f i # f i H. CONSIDERATION of Resolution Relative to Earth Day 1990. Rec: Waive further reading and adopt Resolution No. 90-8. relating to Earth Day 1990. I. REQUEST FOR APPROVAL of Final Tract Map 22283 (Lowell Wooden. Applicant). Rec: Waive further reading and adopt Resolution No. 90-9, approving Tract Map 22283. J. REQUEST FOR VACATION of Roadway Easement Within a Portion of Section 8/South Side of Country Club Drive Between Portola Avenue and Monterey Avenue. Rec: Waive further reading and adopt Resolution No. 90-10, setting a public hearing to consider the vacation request. Mayor Crites asked that Item "G" be removed for discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Wilson, second by Snyder, the Consent Calendar, except Item "G", was approved by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: None 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • IX. CONSENT ITEMS HELD OVER G. REQUEST FOR APPROPRIATION OF FUNDS for Upgrading of Presidents Plaza Landscaping. Mayor Crites asked if this landscaping would meeting the new tree ordinance. Mr. Folkers responded that it would be shy inasmuch as there was not enough space in the medians. Councilman Wilson said he would hate to see the project held up to find space to meet the new ordinance; he just wanted to see the landscaping done. Councilmen Kelly and Snyder voiced the same concern. Councilman Wilson moved to, by Minute Motion, authorize the appropriation and loan of $20,000 from the unobligated general fund reserves to Account No. 770-4520-3320, Presidents Plaza Assessment District. Councilman Kelly seconded the motion, and it carried by unanimous vote. X. NEN BUSINESS A. RE4UEST_FOR APPROVAL OF CIVIC ART COMMITTEE'S RECOMMENDATION TO RELOCATE THE VIETNAM VETERANS MEMORIAL TO THE CIVIC CENTER. Mrs. Gilligan reviewed the staff report and recommendation from the Civic Arts Committee. Councilman Kelly moved to, by Minute Motion, approve the request and direct staff to contact the appropriate individuals for permission for the relocation. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Council. B. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega said staff was still handling complaints on an individual basis. He added that he was still looking into a joint venture that would allow Purchase of Palmer CableVision. 2. Update on Tri-Cities Sports Facility. Mr. Diaz reported that the Tri-City Committee would be reconvened the second week in February which was the earliest a meetina could be arrnged. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 * * * * * * * * * * * * * * * * * * . . * * * * XI. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL OF AN ASSESSMENT IN DISTRICT NO. 87-1 (DUANE I. AND SHIRLI A. STAFFORD, APPELLANTS). Mr. Folkers reviewed the staff report, including the procedure used to process all complaints and disagreements with assessments before they were confirmed by Council. MR. DUANE STAFFORD, 4840 Par Drive, Palm Springs, addressed Council as the appellant. He said he did not think he should have been assessed for 105 feet of sewer installation when only 62 feet was installed. He added that he had not challenged it at the public hearing because he did not believe that he would be charged for what was not installed. He said the engineer's estimate was $2,647.15 which turned out to be the actual cost, and he questioned how the engineer could be that accurate before the bids were even received for construction of the project. MR. JOE KICAK, Engineer for Assessment District 87-1, noted that this should have been raised at the public hearing. He pointed out that in all curb/gutter/sewer assessment districts in the City, there had been a policy for corner lots whereby the assessment was levied for the longer of the two sides. This policy accounted for the City assessing for 105 feet instead of the 62 feet. He also noted that the City and its Redevelopment Agency had in fact contributed approximately 607 of the project cost. He concluded his remarks by stating that the Streets and Highways Code provided for protests of assessments within 30 days, and this was not, therefore, a timely protest. Upon question by Councilman Wilson, Mr. Bill Strausz. Special Counsel for the District, stated that the time for bringing a challenge to the validity of the assessment had long since passed. He said that the improvements had been completed which basically precluded the City Council from changing any of the assessments at this point in time. He said the assessment was levied at the front footage of lots, not length of sewer installation, and this was applied uniformly throughout the District. Upon question by Councilmember Benson, Mr. Folkers responded that well over 100 people had come in to review their assessment prior to the meeting when Council confirmed them. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 • • f • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder said the City had bent over backwards to handle the assessments properly and in fact had paid $6 million of the $13 million cost of the District. He moved to reject the appeal, and Councilman Kelly seconded the motion. Motion carried by unanimous vote of the Council. XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF FINAL CARPORT DESIGN, CASE NO. PP 89-6 (DAVE MANOOKIAN, APPLICANT). Mr. Diaz reviewed the staff report noting that the City Council had approved this project subject to the carport design being brought back for review and approval. He said that the Architectural Review Commission had approved the design, subject to "beefing up" the facia. He recommended reaffirmation of the A.R.C. decision. Councilman Wilson moved to, by Minute Motion, reaffirm Architectural Review Commission approval of carport design. Councilman Kelly seconded the motion, and it carried by 4-1 vote with Mayor Crites voting NO. B. CONSIDERATION OF STAFF RECOMMENDATION RELATIVE TO ENFORCEMENT OF RECREATIONAL VEHICLE ORDINANCE NO. 583 IN NEW ANNEXED AREAS. Mr. Allen reviewed the staff report and recommendation to enforce the ordinance uniformly throughout the City, even in newly annexed areas. Upon question by Mayor Crites, he responded that the County had allowed it. Mr. Erwin noted, however, that the parking of R.V.'s had no bearing on land use regulations. Councilman Kelly said that many people had been in favor of the annexation specifically because they knew the City would enforce its ordinances and qet the area cleaned up. He said he felt strongly that the R.V. Ordinance should be enforced in the newly annexed area to the same extent it was throughout the rest of the City. All Councilmembers agreed and staff was directed to continue such enforcement. In a related matter, Mr. Allen advised the City Council that the Architectural Review Commission had met and discussed its participation in the approval of screening of R.V.'s in yards. He said that the Commission felt strongly that these decisions were outside the realm of 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 s s * it a a * r s ■ * ■ * * s . a s s ; s s . E a its responsibility. Upon question by Councilman Wilson, Mr. Allen responded that the Commission did not want to review and recommend except in issues dealing with landscaping. Councilmen Wilson and Kelly expressed agreement that the City Council should be reviewing and deciding these cases. Councilmember Benson concurred and said that they could probably all be handled at once. Staff was directed to bring these issues to the City Council for review and decision and to advised the subcommittee dealing with R.V. parking that this decision had been made. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Golf Cart Legislation: Mr. Altman stated that this issue had come up after the agenda had been posted and asked Council to add it to the agenda by a 4/5 vote. Upon motion be Benson, second by Kelly, the item was added to the agenda by unanimous vote of the Council. Mr. Altman noted that a subcommittee had met and recommended that the City start working with State legislators to get legislation that would allow more local control over the use of golf carts on City streets. Councilman Wilson suggested working with Senator Presley on introducing a bill which would include promotion of the use of these eiectric carts as a means of protecting and improving air quality. Upon question by Mayor Crites, Councilman Kelly responded that these carts can be made to go as fast as 20-25 mph, significantly faster than 8 mph referred to by the Mayor. Councilman Wilson moved to, by Minute Motion, direct staff to proceed with the golf cart on public street issue. Councilman Snyder seconded the motion, and it carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • B. CITY ATTORNEY Mr. Erwin noted a need for Closed Session pursuant to Section 54956.9(a) and (b) of the Government Code, specific cases being Indian Springs Trust vs. the City of Palm Desert and Vincent Munoz vs. the City of Palm Desert. He said there were several items of potential litigation as well. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Animal Control Contract (Mayor Buford Crites). Mayor Crites reviewed a letter he had received from Supervisor Corky Larson which said that the City could have weekend coverage for $39 per hour. This would assist in the removal of dead animals on weekends which was the instance which had prompted the Mayor to look into this contract revision. Councilmember Benson moved to add the $39/hour weekend provision to the City's existing animal control contract with the County of Riverside. Councilman Kelly seconded the motion, and it carried by unanimous vote of the Council. o City Council Committee Reports: Councilman Kelly passed out a report outlining the status of the bus shelters being erected throughout the City. Councilman Wilson reported that three companies are now in the bidding for the high speed train from Las Vegas to Anaheim. He said the last major decision to be made is whether midway stops will be in Riverside or in Ontario. He said it would be advantageous to have it in Riverside because a spur from the Coachella Valley to Riverside and the Ontario Airport would be a boon to tourism. He suggested that the Mayor write a letter to the City of Riverside with such encouragement as well as take the item to CVAG for its endorsement and aggressive support in the Valley. With unanimous concurrence, staff and the Mayor were so directed. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 Mayor Crites thanked Councilmember Benson and Carlos Ortega for attending the information meeting at Indian Springs Mobile Home Park. He said their presentations were excellent. XIV. ORAL COMMUNICATIONS - B None RECESS Upon motion by Snyder, second by Wilson, and unanimous vote of the council, Mayor Crites adjourned to Closed Session at 5:05 p.m. for the reasons stated by the City Attorney, said Closed Session to be held immediately following adjournment of the Redevelopment Agency meeting. He reconvened the meeting from Closed Session at 5:55 p.m. and immediately recessed with no action announced from Closed Session. He reconvened the meeting at 7:02 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. PROCLAMATION DECLARING SUNDAY, JANUARY 28, 1990. AS "GEORGE AND ELLENE BROWNING DAY" IN THE CITY. Mayor Crites read the proclamation and presented it to Mr. and Mrs. Browning with the City's sincere congratulations on achieving such a milestone. 8. APPOINTMENTS TO THE ARCHITECTURAL REVIEW COMMISSION TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS OF RUSSELL McCREA AND MARY DRURY. Upon motion by Kelly, second by Wilson, and unanimous vote of the Council, Mary Drury and Russell McCrea were reappointed to four-year terms on the Architectural Review Commission. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • XVIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION DENYING APPROVAL OF A GENERAL PLAN AMENDMENT FROM RESIDENTIAL (MEDIUM DENSITY, 5-7 DU/AC) TO OFFICE PROFESSIONAL; CHANGE OF ZONE FROM PR-5 N S.P. (PLANNED RESIDENTIAL 5 DU/AC, NATURAL OVERLAY, SCENIC PRESERVATION) TO O.P. (OFFICE PROFESSIONAL) AND A PRECISE PLAN OF DESIGN FOR AN 11,000 SQUARE FOOT RESTAURANT ON THE FRONT OF 2.67 ACRES PRESENTLY ZONER PC-4 N (RESORT COMMERCIAL, NATURAL OVERLAY) AND 114,800 SQUARE FEET OF PROFESSIONAL OFFICES ON THE 8.62 ACRES SUBJECT TO THE ABOVE NOTED GENERAL PLAN AMENDMENT AND ZONE CHANGE REQUESTS. SAID PROPERTY IS LOCATED ON THE NORTH SIDE OF HIGHWAY 111 AT THE EAST CITY LIMIT, CASE NOS. GPA 89-4, C/Z 89-9, PP 89-9,- BERNARD DEBONNE, APPLICANT (Continued from the Meeting of August 24, 1989). Mayor Crites noted that the Public Hearing was open and asked staff for its report. Mr. Diaz reviewed the staff report and recommendation for approval. Upon question by Councilman Wilson, Mr. Diaz replied that the Civic Arts Committee was recommending the Art -In - Public Places fee be waived in light of the applicant's willingness to provide space on his property for an entrance sign. Councilman Wilson said he felt the fee should be waived only if the developer was providing art. Upon question by Mayor Crites, Mr. Diaz responded that he was saying that the conditions of access were significantly different than what was presented to the Planning Commission. Mayor Crites asked if it was not the policy to send significantly changed projects back to the Planning Commission, and Mr. Diaz responded it was. Mayor Crites invited public testimony; the following spoke: MR. ROBERT RICCIARDI, project architect, said that he had no luck in dealing with the Embassy Suites but had in fact talked several times successfully with the property owner to the east. He said they had agreed to give him access in exchange for curbs, gutters, etc. Mr. Ricciardi said that Community Development Conditions No. 12 and No. 20 could not be achieved because the adjacent property 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • owners were unwilling. However, the flood control conditions could be met. Upon question by Councilman Wilson as to the deletion of Conditions 12 and 20, Mr. Diaz said the wording could be changed to read "applicant shall record an ingress/egress easement with the property to the west subject to the property on the west granting ingress/egress easement." Mr. Ricciardi said that they would agree to grant that access. Upon question by Mayor Crites, Mr. Diaz responded that while a specific condition did not address recycling, general conditions did. MR. RICHARD R. SCHMiD, 77-622 Country Club Drive, Palm Desert, addressed Council stating he was Chairman of the Committee for Responsible Planning in Indian Wells and as the property owner adjacent to this project. He said he had spoken with Mr. Ricciardi and had reached verbal agreements. He said he had attempted to get a general plan amendment from Indian Wells which would allow the frontage of his property to be developed with commercial units. It is now zoned for affordable housing units. He said he could not grant an easement if in fact the property had to be developed as affordable housing. He concluded by stating that he had no intention of asking the Indian Wells Gardens, now on his land, to leave. MR. VIC HASSLER, 44-179 Alba Court, Palm Desert, addressed Council on behalf of the homeowners of Hidden Palms. He noted they had met several times with Mr. Ricciardi, and their concerns had been mitigated. With no further public testimony offered, Mayor Crites declared the Public Hearing Closed. Council Questions/Comments: Wilson: In view of what Council heard about east/west access, he asked what was substantially different than when the Planning Commission heard it. Mr. Diaz responded, for the record, that securing of that access to the east should be a mitigation to the traffic impact so that this is not conditional zoning but rather a condition for the zoning to take effect when it is accomplished. He said that until that easement is in place, that zoning would not take place. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 25. 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Snyder, in light of significant changes to the project, moved that it be sent back to the Planning Commission with a recommendation that it look at it one more time, including possibly deleting Conditions 12 and 20 and adding a specific recycling condition. Councilmember Benson seconded the motion. Councilman Wilson said he would vote for the motion but asked staff to express his feeling to the Planning Commission that the Art -In -Public Places Fee should not be waived. Motion carried by unanimous vote. B. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A REQUEST BY KEN-MOR ENTERPRISES FOR A 16 LOT SINGLE FAMILY SUBDIVISION NORTHEAST OF FRED WARING DRIVE AND PHYLLIS JACKSON LANE, CASE NO. TT25034, KEN-MOR ENTERPRISES, APPLICANT; VALLEY PALMS HOMEOWNERS ASSOCIATION, APPELLANT (Continued from the Meeting of January 11, 1990). With concurrence from the Council, Mayor Crites took this issue first inasmuch as the Department of Community Development had received a letter from the appellant in which the appeal had been withdrawn. There was no need for City Council consideration and/or action. C. REQUEST FOR CONSIDERATION OF ABATEMENT OF PUBLIC NUISANCE. Mr. Altman advised the City Council that this assessment had been paid the prior day. There was, therefore, no need for Council consideration and/or action. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Benson, second by Kelly, and unanimous vote of the Council, Mayor Crites adjourned the meeting at 7:45 P.M. ATTEST: _ SHEILA R. GILLtGAN, CITY �,Z�ERK BUFORD/A. CRITES, MAYOR 12