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HomeMy WebLinkAbout1990-06-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 28, 1990 CIVIC CENTER COUNCIL CHAMBER CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. I1. PLEDGE OF ALLEGIANCE - Mavor Buford A. Crites III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mavor Pro-Tempore Walter H. Snvder Councilman 5. Roy Wilson (arrived at 6:45 p.m.) Mavor Buford A. Crites Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, ACM/Director of RDA David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. 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 Pat Conlon, Director of Building & Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 14. 1990, and the Adjourned Meeting of June 14, 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. WR0601. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28. 19.90 • • • • • • • • • • • • • • • • • • • • • • • • • C. CLAIM NO. 138 AGAINST THE CITY by Mr. Verl Ellis in the Amount of $99.00. Rec: By Minute Motion, deny the Claim and instruct the City Clerk to so advise the Claimant. D. CLAIM NO. 139 AGAINST THE CITY by Mr. Joseph Tatcheli for Indemnity, Contribution, and Declaratory Relief. Rec: By Minute Motion. deny the Claim and instruct the City Clerk to so advise the Claimant. E. CLAIM NO. 141 AGAINST THE CITY by James Baumbach in the Amount of $100.00. Rec: By Minute Motion. deny the Claim and instruct the City Clerk to so advise the Claimant. F. RESOLUTION NO. 90-70 - A Resolution of the City Council of the City of Palm Desert, California. Declaring Its Intent To Levy and Collect Assessments Within Landscaping 8 Lighting Assessment District No. 2 (Canyon Cove) in Fiscal Year 1990-91. Rec: Waive further reading and adopt. G. RESOLUTION NO. 90-71 - A Resolution of the City Council of the City of Palm Desert. California. Declaring Its Intent To Levy and Collect Assessments Within Landscaping 8 Lighting Assessment District No. 6 (Monterey Meadows) in Fiscal Year 1990-91. Rec: Waive further reading and adopt. H. RESOLUTION NO. 90772 - A Resolution of the City Council of the City of Palm Desert. California. Declaring Its Intent To Levy and Collect Assessments Within Landscaping 8 Lighting Assessment District No. 1980-1 (Presidents' Plaza) in Fiscal Year 1990-91. Rec: Waive further reading and adopt. I. RESOLUTION NO. 90-73 - A Resolution of the City Council of the City of Palm Desert, California. Declaring Itc, Intent To Levy ,and Collect Assessments Within Landscaping 8 Lighting Assessment District No. 5 (Cook Street/Country Club Drive Medians) in Fiscal Year 1990-91. Rec: — Waive further readina anr=adopt. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • J. RESOLUTION NO.90-74 - A Resolution of the City Council of the City of Palm Desert. California, Declaring Its Intent To Levy and Collect Assessments Within Landscapina 8 Lighting Assessment District No. 81-3 (The Vineyards) in Fiscal Year 1990-91. Rec: Waive further reading and adopt. K. RESOLUTION NO. 90-75 - A Resolution of the City Council of the City of Palm Desert, California. Declaring Its Intent To Levy and Collect Assessments Within Landscaping 8 Lighting Assessment District No. 4 (Parkview Estates) in Fiscal Year 1990-91. Rec: Waive further reading and adopt. L. REVENUE AND EXPENDITURE REPORT as of May 31, 1990. Rec: Receive and file. M. REQUEST FOR APPROVAL of Final Tract Map 25161. Westinghouse Desert Communities. Applicant. Rec: Waive further reading and adopt Resolution No. 90-76, approving Tract Map 25161. N. REQUEST FOR APPROVAL of Final Tract Map 22690-7, Villas at Desert Falls, 11, Applicant. Rec: Waive further reading and adopt Resolution No. 90-77, approving Tract Map 22690-7. 0. REQUEST FOR APPROVAL of Temporary Closure of San Marino Circle. Rec: By Minute Motion, approve staff's recommendation for a temporary closure of the southern leg of San Marino Circle east of Portola Avenue for a ninety -day period. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 * • • • • • • • * * • • * * • • • * • • * • • • • P. REQUEST FOR AWARD OF CONTRACT NO. 00-400 - Continuing_ Project and Construction Management Services. Rec: By Minute Motion. approve Contract No. 007440 with Project Systems International of Palm Desert, California, in the amount of $49.660.00 as the negotiated quotation amount and authorize a ten percent (10%) contingency reserve for the contract in the amount of $4,970.00 to provide specifically designated project and construction management services. Q. REQUEST FOR APPROVAL of the Release of Letter of Credit from Birtcher Ltd. to Insure Completion of Landscaping on the Monterra Development. Rec: By Minute Motion, approve the request and direct the City Clerk to release said Letter of Credit. R. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-441 for the Services of an Abatement Contractor. Rec: By Minute Motion, approve the request and authorize the City Clerk to advertise and call for bids for Contract No. 00-441. 5. REQUEST FOR APPROVAL of Agreement No. 00-442 with Riverside County for a Traffic Signal at Country Club Drive and Eldorado Drive. Rec: 1) Approve the subject project and authorize the Mayor to execute Agreement No. 00-442: 2) Authorize the appropriation of $30,000 from the Unobligated Capital Projects Signalization Fund to Project Account 440-4548-0000. T. REQUEST FOR AWARD OF CONTRACT NO. 00-355 for Striping and Lane Line/Legend Removal and Pavement Marking Installation on Various Streets. Rec: By Minute Motion. award Contract No. 00^-355 to Works Striping and Marking Service in theamount of $148.445.00 and authorize a ten -Percent contingency in the amount of $14,844.50. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • U. REQUEST FOR APPROVAL of the Installation of a Water Mainline During Hovley Lane East Street Construction. Rec: By Minute Motion. approve the inclusion of an alternate bid for a water mainline installation in the Hovley Lane east street construction. V. REQUEST FOR APPROVAL of Final Tract Map 23904-5 through- 8, Marriott Ownership Resorts, Inc. Rec: Waive further reading and adopt Resolution No. 90-78, approving Final Tract Map 23904-5 through -8. W. REQUEST FOR APPROPRIATION to Mitigate Blow Sand Problem in the North Sphere. Rec: I) Authorize Westscape Corporation to complete emergency sand removal and repairs on Cook Street from Country Club Drive to Frank Sinatra Dive as well as on Frank Sinatra Drive east of Cook Street; 2). Authorize the appropriation of $20,000 from the Unobligated General Fund Reserve. Mr. Erwin asked that Item M be removed for separate discussion under the "Consent Items Held Over" portion of the Agenda. Upon motion by Kelly, second by Benson, the Consent Calendar, with the exception of Item M. was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. KEN STENDELL, 72-847 Skyward Way, Palm Desert, addressed Council and stated he had filed a letter of protest relative to Parking of recreational vehicles in front yards. He said a recreational vehicle was parked on his street and did not comply with the City's Ordinance No. 583, which stated that individual cases would be reviewed by the Architectural Review Commission and property owners association. He said neither body had reviewed this case, and he Felt the RV detracted from the quality of life and property values in the area. Upon question by Councilman Kelly, Code Compliance Director Frank Allen responded that his inspectors had investigated the situation and that he had also gone up and looked at it the day before. He said the Ordinance states if a recreational vehicle cannot be parked in the side or rear yard, it may be parked in a driveway or other hard surface. He said the vehicle referred 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • a a a a a a • a a • • • • JUNE 28, .1990 • • • • • • • a • • • to by Mr. Stendell was on two concrete runners and that he had given temporary approval. He said if a storaae facility is built by the City, the owner would have to remove the vehicle. Mayor Crites asked for the following information at the next Council meeting: 1) Report on availability of alternate storage; 2) What input the Palm Desert Property Owners Association has on the location of RV's in front and side yards; 3) Report from the City Attorney on whether or not there are issues regarding the right of the City to regulate and/or abate. Council concurred. Mr. Stendell stated that when the City's steering committee was set up a year ago. he had tried to attend the meetings because he was in the process of purchasing a recreational vehicle. He volunteered to serve on such a steering committee to help draft changes if necessary. Councilman Kelly added that the Council had made a promise to the Committee that if any changes were to be made. the Committee would be asked to meet again. He suggested that Mr. Stendell be included in any such meetings. MR. KEN DOWLING, 47-327 Abdel Circle, Palm Desert, addressed Council and reviewed his memorandum dated June 26. 1990, relative to creation of a "Colonnade of Honor" to recognize those individuals whose vision and efforts were major factors in the development of the City to its present status (on file and of record in the City Clerk's Office) . He offered to answer any questions. C:ouncilmember Benson asked whether any thought had been given to incorporating some of the names used by the Council in the Founders' Plague last year. Mr. Dowling responded that this would be something for a committee to discuss. With Council concurrence. Mr. Altman stated he would like to bring a report and recommendation to the Council at its next meeting. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • For Adoption: A. ORDINANCE NO. 608 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA. AMENDING CHAPTER 2.52 OF THE CITY OF PALM DESERT MUNICIPAL CODE AS IT RELATES TO EMPLOYEE DISCIPLINARY PROCEDURES. Mr. Altman stated no changes had been made since introduction of this ordinance, and he recommended its adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 608. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. ORDINANCE NO. 610 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.36 OF THE MUNICIPAL CODE AS IT RELATES TO THE CONDUCT OF MEETINGS. Mr. Altman stated no changes had been made to this ordinance and recommended its adoption. Councilmember Benson moved to waive further reading and adopt Ordinance No. 610. Motion was seconded by Kelly and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of Final Tract Map 25161, Westinghouse Desert Communities, Applicant. Mr. 'Altman noted that the staff report recommended approval of the tract map subject to the conditions of the tentative map. He stated a letter had been received from the attorney for the applicant requesting that the final map be approved without the condition requiring acceptance by the City of the open space. He said the applicant was still in the process of preparing a detailed legal description. He added that he felt comfortable with this request because the Development Agreement which requires the dedication at some point provides more than adequate security for the dedication. He recommended that the final map be approved without the condition. Councilman Snyder moved to waive further reading and adopt Resolution No. 90-76, approving Tract Map 25161, as amended to delete the condition requiring the acceptance of the open space by the City. Motion was seconded by Benson and carried by unanimous vote of the Council. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING s : i . • * i : • • * • f r • X. NEW BUSINESS JUNE 28, 1990 ■ A. REQUEST BY IMPERIAL SIGN COMPANY FOR RECONSIDERATION OF AN ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A SIGN FOR MINUTEMAN PRESS. Mr. Diaz stated that Council had previously considered this matter at its meeting of June 14, 1990. He said the Architectural Review Commission had denied the request because it felt the requested sign was a menu sign rather than identification. The Council had denied the request and affirmed the Architectural Review Commission's decision on June 14th. MR. MARK ROSS, imperial Sign Company. 77-255 Michigan, Palm Desert, stated he was not present at the June 14th Council meeting because neither he nor his client. Minuteman Press, had received notification. He said because Minuteman Press had taken over the business space next to the existing business, it was entitled to a larger sign. He said their feeling was that the sign was not a menu sign and that identification was not as important as indicating what the business does. He said he felt it was illegal to control sign content, and he asked that the Council reverse its previous decision and approve the sign. Councilman Kelly moved to reconsider this matter. Motion died for lack of a second. 8. REQUEST FOR AWARD OF CONTRACT NO. 00-443 TO ENVIRONMENTAL_ AND ENERGY SERVICES CO. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR MILLER/PALM DESERT PROJECT. Mr. Diaz reviewed the staff report and offered to answer any questions. Upon question by Councilmember Benson as to whether or not Miller was paying for the Environmental impact Report, Mr. Diaz stated that award of the contract was conditioned upon the applicant (Crest Corporation) depositing $177.610 with the City. Until such sum is deposited. there would be no contract awarded. Mayor Crites expressed concern with the fact that there was no information included in the staff report regardina the contractor. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Diaz responded that this was a reputable consulting Firm and that staff was comfortable with it. Mayor Crites added that he would be willing to go forward with the recommendation but asked that information be provided in the future. Councilman Kelly moved to, by Minute Motion, award Contract No. 00-443 to Environmental and Energy Services in the amount of $177.610.00, on the basis that additional information would be provided to Council at a later date regarding the contractor. Motion was seconded•by Benson and carried by unanimous vote of the Council. C. REQUEST FOR CONSIDERATION OF A LOAN TO THE PALM SPRINGS DESERT RESORTS CONVENTION/VISITORS BUREAU. Mr. Altman stated there was a memo in the packets from Mr. Shillcock and offered to answer any questions. Councilmember Benson moved to, by Minute Motion, approve the request and authorize a loan in the amount of $50,000. Motion was seconded by Kelly. Mr. Erwin asked that the motion be amended to require that the form of the note be approved by the City Attorney, City Manager. and City Treasurer. Councilmember Benson and Councilman Kelly agreed to the amendment. Motion carried by unanimous vote of the Council. D. REQUEST FOR CONSIDERATION OF AN APPEAL OF ADMINISTRATIVE INTERPRETATION FOR PRECISE PLAN 89-5. Mr. Diaz reviewed the staff report, noting that there was some confusion with regard to Sections 12.16 and 26.44 of the Palm Desert Municipal Code dealing with undergrounding of utilities. He said the applicant was advised that he would be required to pay half the costs of undergrounding utilities from the north side of Highway III to his project on the south side. He said the applicant Felt Section 12.16 limits undergrounding requirements to 16.000 volts or less; because the line he would be underaoundina was 32,000, he felt he should be exempt. In addition, the applicant felt the cost of the undergrounding was disproportionately high in relation to the value of his project. MR. NARENDRA PATEL, 69-730 Highway 111, Suite 118, Rancho Mirage. spoke as the applicant and architect for the project "Southwest Plaza". He said the reasons for the 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • ■ a • a • * • a a * a * * a a * a a * a * a a * appeal were explained in his letter to the Council dated June 15, 1990 (on file and of record in the City Clerk's Office). Councilman Ke l 1 y said he felt it was important to underground the lines now while the work is being done. and he felt the applicant knew from the beginning that the intent was to underground the utility lines. Mr. Erwin stated that there did appear to be a conflict on the undergrounding requirement; that is why this was an administrative determination. He added that he believed this was a discretionary decision on the part of the Council. Upon question by Benson relative to the difference in costs between undergrounding 16,000 versus 32,000 volts. Mr. Folkers responded that based on some of the estimates from Edison, the cost was L=tween 25 and 40 percent higher for the 32.000 volts. Mr. Patel stated that nowhere does it say an applicant must underground off of his property, and at no time did the Planning Commission state that the applicant had to ao under Highway 111. Mr. Erwin responded that his recollection was that undergrounding is always required to the nearest pole off the property. Mr. Diaz added that the nearest pole off this property was on the other side of Highway 111. Councilman Snyder asked if the applicant would obiect to the undergrounding if the City paid half of the cost. Mr. Patel responded that the problem was the entire cost of undergrounding cable television. telephone. etc.. at over $300,000. He added that he was ready to stop the project because of this requirement. Mayor Crites stated he did not feel an exception should be granted for the City's policy to underground to the nearest pole. He said the issue was that because of the way the Code is written, the City is willino to assume half the cost of the difference between 16.000 volts and 32,000 volts. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 . . * . . * . * . * . . * . . . . . . . . * . . . Councilman Kelly moved to, by Minute Motion, authorize staff to negotiate with the applicant to allow the difference between the costs of undergrounding a 16.000 volt line versus a 32.000 volt line to be taken into consideration; anything above the cost of pulling 16,000 volts across Highway 111 will be the responsibility of the City, and the applicant will pay up to that amount. Motion was seconded by Benson and carried by unanimous vote of the Council. E. REQUEST FOR APPROVAL OF SOLID WASTE COLLECTION RATE INCREASE. Mr. Altman noted there was a. memorandum in the packets from Mr. Ortega and Mr. Wohlmuth. He offered to answer any questions. Councilman Kelly moved to waive further reading and adopt Resolution No. 90-79, ratifying the rate increase requested by Waste Management of the Desert. Motion was seconded by Benson and carried by unanimous vote of the Council. F. INFORMATIONAL ITEMS (FOR POTENTIAL ACTION): 1. Palmer CableVision Update. Mr. Ortega stated that he would be preparing a report and recommendation for the July 26th Council meeting relative to transfer of the cable company. 2. Update on Tri-Cities Sports Facility. Mr. Diaz reported that the feasibility studv was continuing. He said the issue of the cost division between the cities was still being negotiated. Upon question by Kelly, Mr. Diaz responded that the project was on schedule, the fields should be available for play in the next baseball season, and the feasibility study should be completed by July 26th. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF A PROPOSED RIVERSIDE COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT. Mr. Altman noted there was a memorandum in the packets from Mr. Diaz. He noted that it was his understanding that the City of Rancho Mirage had taken different action and would be putting an issue on the ballot in November whereby monies would go directly to the City of Rancho MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mirage, and the City. at its discretion. would then put those monies into the regional district instead of having the monies go to the district first and then to the City. Mr. Diaz reviewed the staff report, noting staff was concerned with the question of City voter acceptance. He said representatives of the Riverside County Parks Department had assured them that should the voters of a city reject the district, that city would be allowed to withdraw from the district. He added that with regard to the issue of maintenance of effort, the intent was that it apply to the County only and not to the City of Palm Desert. He said the reason for this was that the City is presently in the process of devoting a lot of money to parks and recreation facilities, and the City should not be committed to that same level of effort in the next few Years. MR. PAUL ROMERO, Parks Director for the County of Riverside, stated that Rancho Mirage had not yet taken any action on the district and would be doing so that evening. With regard to the maintenance of effort issue, he said the position of the cities throughout the County was that the existing monies going to the County Parks Department not be diminished as a result of the creation of the district. Once the district is formed, those funds would be district funds and no longer part of the general fund. Therefore, this issue was resolved from the County's perspective. As far as the maintenance of effort in the cities, he said there are monies going back to the cities (20%) that could be used for operation and maintenance. He said the comment was that if the cities choose to use that money for operation and maintenance, hopefully they would not reduce their park budget by an equivalent amount. He added that they had not conflict with the ability of the cities to define projects within their sphere of influence. He noted that two cities, Desert Hot Springs, and Palm Springs, had acted positively on this matter. He said only Indio had acted in oppos•ition because of some internal problems with their budget; however, Indio had approved the district format in concept. MR. BILL HAVERT, Dangermond & Associates. spoke as a consultant for the County in development of a Multi - Species Habitat Conservation Plan and distributed a potential project list for the Coachella Valley (on file and of record in the City Clerk's Office). He said the essential goal was to identify those critical resource areas still remaining in the County and then to take action•—'o protect those areas. I' —addition. the district 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • a a • • • • • • • • • • • • JUNE 28, 1990 • • • • • • • • • • would provide an opportunity to foster partnerships, not only with agencies such as the Bureau of Land Management and Wildlife Conservation Board, but also groups such as Sierra Club, Audubon Society, Friends of the Indian Canyons, Building Industry Association, etc. The following individuals spoke in FAVOR of the proposed regional park and open space district: MR. ALLAN MUTH, P.O. Box 1738, Palm Desert. MR. HANK HOHENSTE!N, 65-940 Cahuilla, Desert Hot Springs, representing the Building Industry Association and Riverside Land Conservancy. MS. JOAN TAYLOR, representing the Tahquitz group of The Sierra Club. MR. M.A. HOFF, 2733 Anza Trail, Palm Springs, representing Desert Riders. MR. RUSS KALDENBURG, Area Manager of the Bureau of Land Management, 400 S. Farrell Drive, Palm Springs. MR. BILL HILLMAN, President of Desert Trails Association. MR. GEORGE MYER, resident of Desert Hot Springs, Geology Professor at College of the Desert, representing Friends of the Indian Canyons. Mr. Erwin asked, assuming the Council passed the resolution and the election was held and the proposal rejected by the voters, whether the citizens of Palm Desert would still be assessed or if the City could get out of the process. Mr. Romero responded that the Council could make a decision at that time. It could choose to stay or could choose to leave the district through a LAFCo process. He noted the reason for the LAFCo process was because of the change in legally established boundary. Councilman Kelly stated he felt it would be hard to argue with something giving people the choice and with preserving open space and trails. However, he was concerned with having control over the expenditure of funds and taxes raised in our area. He said many times money that is derived from the Coachella Valley is taken to Riverside and never comes back. Mr. Romero responded that this had been presented by many cities in the Coachella Valley and that he understood the problems and had tried to add language into the resolution that would resolve them. He said he felt conditions 7, 8. and 9 of the resolution covered these concerns. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 : * . * • • • s . * • • . • * * * . . * Councilmember Benson stated she was very pleased to see this coming about. She said she was in favor of anything that would preserve open space. Mayor Crites stated that with regard to the issue of maintenance of effort, the majority of the City of Palm Desert's effort is in capital expenditures. He felt if a maintenance of effort agreement were to be there, it should apply to operations. Mr. Romero stated this was not a critical item from his perspective but that the maintenance of effort at the County level was a critical item. Mayor Crites stated he felt placing this on the ballot for the voters to decide was the best way to do this versus the Council choosing to decide for the citizens. He said he liked the idea of being able to bow out if an agreement is not reached before November. The last issue was the opportunity for another partnership, and he said he was pleasantly surprised to have the agreement of the federal government, Business 8 Industry Association, conservation groups, etc. With regard to the comment that the City would have the option of bowing out if an agreement is not reached, Mr. Erwin stated that the resolution did not state so. Mayor Crites suggested that a provision be added to the resolution stating that if an agreement is not reached before November, the City would have the option of rescinding its motion. Councilman Kelly moved to waive further reading and adopt Resolution No. 90-86, requesting inclusion in the creation of the Riverside County Regional Park and Open Space District. amended to include a condition stating that the City reserves the right to rescind this resolution if an appropriate agreement is not reached before the November election. Motion was seconded by Benson and carried by unanimous vote of the Council. XII. OLD BUSINESS NOTE: A. REQUEST FOR APPROVAL OF CIVIC CENTER ADDITION. This item was considered after the dinner recess and following completion of the remainder of the City Council agenda and adjournment of the Redevelopment Agency Meeting. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Conlon noted there was an error in the staff report in that he had neglected to include Councilmembers Benson and Snyder as part of the team working on the preliminary design. He thanked them both for their efforts. He reviewed the staff report and offered to answer any questions. MS. DiANE FUNK addressed the Council as the representative for the Public Art Subcommittee and noted that the Committee was very enthusiastic about the possibility of a gallery for art work in the Civic Center. Upon question by Councilman Kelly, Mr. Conlon responded that staff would look into the possibility of using moveable seven -.foot partitions instead of the proposed mid -height moveable partitions. Councilman Snyder questioned the refrigeration system. Mr. Conlon responded that high -efficiency heat pump and roof mounted air conditioning units would be used. He said the cost was not as high and the efficiency was much better than the existing system. Mayor Crites stated that eventually the buildings will be open for public use one or two nights per week. He said staff needed to look into the ability to allow groups to use the facilities without having to open the entire building. With regard to the art gallery, Councilman Wilson said he felt the idea was great but did not like the location. He felt it would be better to have it located in a more accessible area such as the lobbies. He also questioned whether or not the vault was supposed to be fire proof when the existing building was constructed. Mr. Conlon responded that the vault wall is a two-hour fire -rated wall. Councilman Wilson said he felt the design was well thought out. However, he said he would be more comfortable if he had figures showing how many employees would be needed by 1992, how many by the year 2000, and how many at build - out. In addition, he asked for a summary of employees to square foot in order to determine if it is in the ball Park for space. He added that he would like this information prior to moving forward with working drawings. Councilman Kelly agreed. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • •• • Councilmember Benson agreed with having a study done. However, she said she had understood when the expansion plans were just beginning that the Administration wing would be done first in order to free up space for conference rooms. and expansion of the other wing would have to be looked at later. Councilman Snyder agreed that the original plan was to go with expanding the one building. Then the team began looking at where the City will be by the year 2000. He agreed there would be space not needed now, but it will be needed in the future. He added that there had also been discussions about leasing the extra space and bringing in some additional income. Mayor Crites agreed that there were shortages of space in the Administrative wing; however, the same situation is true in the Community Services building. He agreed with Councilman Snyder that if the City is going to do this expansion. a building should be constructed that will look nice. However, he agreed with the need for additional data before proceeding with working drawings and suggested that the matter be continued for one month until the data is brought to Council. Councilman Snyder moved to, by Minute Motion, continue this matter to the meeting of July 26, 1990. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REQUEST FOR APPROVAL OF THE FORMATION OF THE PALM DESERT PARKING AUTHORITY. Mr. Ortega reviewed the staff report and offered to answer any questions. Councilman Kelly moved to waive further reading and adopt Resolution No. 90-80, establishing the Palm Desert Parking Authority. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Valuation Criteria for Proposition A. 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. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • JUNE 28, 1990 • • • • • • • • • • • Mr. Altman stated that the CVAG Executive Committee had talked about some of the criteria. Some of the cities mentioned were communities which had done nothing with the streets and ended up Number 1 on the evaluation list. The Committee felt that cities which had done something should not get penalized. He added that he and the Mayor had also discussed the fact that some of the cities did not have a Transportation Uniform Mitigation Fee (TUMF) which meant the pot was sma 1 l er . He suggested that perhaps there should be some criteria that if the city does not have a TUMF fee, they should not be weighted. as highly as those that do. Councilman Kelly stated that he agreed that cities should not be penalized for having done a good job. However, the whole concept of a regional plan was that everyone would benefit from that plan. He said there was also not enough weight given when cities are willing to contribute funds to a project identified as a regional project. Mayor Crites suggested that a letter containing these issues be drafted for the Mayor's signature and sent in as comments. Councilman Kelly moved to, by Minute Motion, direct staff to draft a letter for the Mayor's signature indicating Council's concerns and comments. Motion was seconded by Benson and carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Erwin requested a Closed Session pursuant to Government Code Section 94956.9(b), Potential Litigation, and Personnel. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. REQUEST FOR SUPPORT OF SENATE BILI. NO. 6 RELATIVE TO A STATE-WIDE TRANSIENT OCCUPANCY TAX. Councilmember Benson asked whether a letter had already been sent to Senator Presley stating that the Council agreed in concept with this bill but that there were some things to be worked out. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Shillcock responded that no letter had been sent but that he had prepared a report regarding what was presented at the hearing. Counci 1 member Benson said she felt it was important that Senator Presley pursue this and that he be made aware of the Council's views and concerns, such as 1) the amount of money California spends on tourism should be increased, and 2) if it does come to pass, what board would direct it. She suggested that a letter be sent to Senator Presley expressing the Council's concerns and support for the program. Councilman Snyder agreed; however. he said he would 1 i ke to be sure that any method of financing is really looked into. With Council concurrence, Mr. Shillcock was directed to draft a letter to Senator Presley expressing the City's support of legislation to increase money going into tourism in California but expressing concern that the final funding and spending mechanisms be explored and worked out before the bill is passed. o City Council Committee Reports: 1. Mayor Crites stated that he, Mr. Altman. and Traffic Engineer Seyed Safavian had met with a gentleman from Portola Palms Mobile Home Park relative to the restriping of Portola Avenue. He said a number of people had been unhappy with the traffic in the area. He added that he had received a letter thanking the City and praising the Director of Public Works for the efforts in resolving these problems. 2. Mayor Crites stated he had also received a letter that day thanking the Code Compliance staff for taking care of an issue relative to a construction trailer (on file and of record in the City Clerk's Office). XIV. ORAL COMMUNICATIONS - 8 None Mayor Crites recessed the meeting for dinner at 6:01 p.m. He reconvened the meeting at 7:00 p.m. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28. 1990 • • • • • • • • • • • • • • • • • • • • • • • • • XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Old Business Item A was considered following the Public Hearings portion of the Agenda. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS. PRESENTATIONS. AND APPOINTMENTS A. PRESENTATION OF PLAQUE TO KEN EKINS ON HIS RETIREMENT FROM THE CITY OF PALM DESERT. Mayor Crites read the plaque of appreciation and presented it to Mr. Ekins. He congratulated him for his years of service to the City. B. CONSIDERATION OF THE APPOINTMENT OF ALVIN MARK TO THE ART - IN -PUBLIC -PLACES SUBCOMMITTEE. Councilman Kelly moved to, by Minute Motion, appoint Mr. Alvin Mark to the Art -In -Public -Places Subcommittee. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING because he was unable to attend the interviews held earlier that day. C. REQUEST FOR APPOINTMENT OF TWO MEMBERS OF THE CIVIC ARTS COMMITTEE TO FILL THE VACANCIES CREATED BY THE RESIGNATION OF LOIS AGNEW AND ALEXIS LARSON. Councilmember Benson moved to, by Minute Motion, appoint Marie Geoffrey and Gayle Thomas to the Civic Arts Committee to fill vacancies created by the resignations of Lois Agnew and Alexis Larson. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Wilson ABSTAINING. D. REQUEST FOR APPOINTMENT OF TWO MEMBERS TO THE ACTIVITIES PROMOTION COMMITTEE TO FILL THE VACANCIES CREATED BY THE RESIGNATION OF LOU ELLEN FICKE AND MARC GLASSMAN. Councilmember Benson moved to, by Minute Motion, appoint Diana Brown and Paul Campbell to the Activities Promotion Committee to fill vacancies created by the resignations of Lou Ellen Ficke and Marc Glassman. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Wilson ABSTAINING. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF THE ADOPTION OF THE APPROPRIATIONS LIMITS PURSUANT TO ARTICLE XIIIB OF THE STATE CONSTITUTION. Mr. Altman stated there was a memorandum from Finance Director Paul Gibson in the packets. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Upon motion by Benson, second by Snyder, and unanimous vote of the Council, Resolution No. 90-81 was adopted, establishing the appropriations limit for the 1990-91 Fiscal Year. B. REQUEST FOR CONSIDERATION OF THE CITY MANAGER'S PROPOSED BUDGET FOR FISCAL YEAR 1990-91. NOTE: This was considered as a joint public hearing with the Palm Desert Redevelopment Agency Board. Mr. Altman noted there was a memorandum from him in the packets, and he thanked the Council for its support. Mr. Gibson reviewed the recommendations from the Charitable Contributions Committee for FY 1990-91 (on file and of record in the City Clerk's Office). He also distributed a report relative to the number of employees in each Coachella Valley city employed for police and fire services, noting that Council had previously requested this information. He offered to answer any questions. Mayor/Chairman Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. With no testimony offered he declared the public hearing closed. Councilman/Member Snyder complimented the City Manager and staff for coming up with a comprehensive and well-intentioned budget. He moved to: 1) Waive further reading and adopt Resolution No. 90-82, adopting a program and financial plan for the fiscal year July 1, 1990, through June 30, 1991; 2) By Minute Motion, approve the 1990-91 Fiscal Year Budget for the Redevelopment Agency; 3) Waive further reading and adopt Resolution No. 90-83, adopting allocated classifications, authorized positions, compensation plan, and related employee benefits for the 1990-91 Fiscal Year; and 4) Recess the Redevelopment Agency Meeting to the close of the City Council Meeting. Councilman/Member Kelly seconded the motion with a comment to the audience that many hours of discussion had previously taken place between Council and staff before +rye budget got to tr point. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • * • • • Councilman/Member Wilson asked for clarification of a point by the City Attorney. He was concerned with the appearance of a conflict because the Council was being asked to approve funds for the Coachella Valley Counseling Center, of which he serves as President. He said he would like to vote in favor of the budget but abstain from voting on the Charitable Contributions funding. Mr. Erwin agreed. Mayor Crites called for the vote. Motion carried by unanimous vote of the Council, with Councilman Wilson ABSTAINING from voting on the Charitable Contributions funding. C. CONSIDERATION OF AN APPEAL BY PERRY ASHBY TO A DECISION OF THE PLANNING COMMISSION DENYING A VARIANCE TO THE CREATION OF TWO (2) 13,068 SQUARE FOOT LOTS, WHEREAS THE EXISTING R-1, 14,000 ZONING REQUIRES A MINIMUM OF 14,000 SQUARE FEET PER LOT; DENIAL OF A TENTATIVE PARCEL MAP FOR A LOT SPLIT OF AN EXISTING 26,138 SQUARE FOOT LOT INTO TWO (2) 13,068 SQUARE FOOT LOTS AND CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO TO THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF DE ANZA AND SAN PASCUAL AVENUE. Mr. Diaz reviewed the staff report, noting that the variance had been denied and, therefore, the parcel map could not be approved as it did not comply with the minimum size of the ordinance. He stated that a property owner, Mr. C. Erik Baltzar, could not attend the meeting and had submitted a letter of opposition, which was included in the packets. Mayor Crites declared the public hearing open and invited testimony in FAVOR of this appeal. MR. PERRY ASHBY, 75-110 St. Charles Place, Suite #2, spoke as the applicant and distributed copies of the site plan and area photos. He said the majority of lots in this zone did not meet the minimum size specified in the zoning ordinance. With regard to the letter from Mr. Baltzar, he said that neither he nor any of his representatives had every approached this gentleman and had not done any of the things stated in the letter. He said he was willing to have a condition placed on this lot split mandating that the plot or site plan be complied with in regard to the house footprint, three -car garage footprint, and all front yard landscaping, setbacks, etc. He said he did not feel the pool and rear yard landscaping should be a mandatory requirement. 21 MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING JUNE 28, 1990 • • • • • • • • • • • • • • • • • • • • • • • • Mayor Crites invited testimony in OPPOSITION to this request. None was offered, and he declared the public hearing closed. Councilmember Benson stated she had looked at the area and found that most of the corner lots were single-family homes. She said she did not see any reason to split this lot in order to put two houses on it. Councilman Wilson asked what staff's rationale was for first recommending the lot split to the Planning Commission and now supporting the Commission's denial of same. Mr. Diaz responded that the rationale for the original recommendation was set forth on page 3 of the original staff report. He said staff felt at that time that the request did meet the required findings. He said most of the lots in the area were less than 14,000 square feet and most were less than the requested 13,000 square feet. Mayor Crites said it looked like almost all of the nearby lots were 19,000 square feet and above. They do not get smaller until you go some distance away. Councilmember Benson moved to waive further reading and adopt Resolution No. 90-84, denying the appeal and affirming the position of the Planning Commission. Motion was seconded by Crites and carried by a 4-I vote, with Councilman Kelly voting NO. D. CONSIDERATION OF AN APPEAL BY CJH PARTNERS OF A PLANNING COMMISSION DENIAL OF AN AMENDMENT TO AN APPROVED OFFICE BUILDING CONDITIONAL USE PERMIT LOCATED AT THE NORTHEAST CORNER OF SANTA YNEZ AND ALESSANDRO DRIVE ADDING A PUBLIC DRIVEWAY ONTO SANTA YNEZ AVENUE. Mr. Diaz reviewed the staff report, noting that the request was to allow an access drive onto Santa Ynez Avenue. He said this matter had come up after the applicant had gone through the precise plan process and that the Fire Department wished to have access onto Santa Ynez and to have better circulation in the parking lot. He noted there were some objections at the Planning Commission hearing and that the applicant had since resolved those objections. He said staff would recommend thatany opening onto Santa Ynez be subject to the condition that it be closed in the event there are turning movements heading north through the residential areas. He added that the Planning Commis=;on felt intrusion into the -residential area should not b ) 1 l owed and that all ac >s should be through MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 28, 1990 . . . . * . . . . . . . . . . . . . . . . . * . • Alessandro and not even emergency access should be granted. However, staff felt at a minimum there should be some type of emergency access onto Santa Ynez. Mayor Crites declared the public hearing open and invited testimony in FAVOR of this request. MR. RICHARD HOWARD, 41-910 Boardwalk, Suite 83, Palm Desert, spoke as the applicant and said the reason for the appeal was basically that there was no opposition from the residents on Santa Ynez. He noted that he had done a door-to-door survey and although the primary objections had come from Mrs. Fleming, he had discussed this with her and she no longer had any problem with the access and had, in fact. signed a letter stating so. He said he had gone door-to-door to six other residents and had obtained signatures from four of them; the other two were not home. He said he felt very little traffic would be generated, and he felt blocking the access would gridlock the project. He added that architecturally an emergency gate would look hideous compared with the proposed landscape plan for the access. Mayor Crites invited testimony in OPPOSITION to this request, and none was offered. He declared the public hearing closed. Mr. Diaz stated that if Council were to approve the conditional use permit, staff would recommend two additional conditions: 1) That the landscaping plan be revised to be drought tolerant landscaping; and 2) That the applicant provide for commercial recycling. Councilmember Benson moved to waive further reading and adopt Resolution No. 90-85, granting the appeal for a second public driveway with conditions. as amended to include the two additional conditions recommended by Mr. Diaz. Motion was seconded by Snyder and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None At this point, Council discussed Item A of Old Business dealing with the Civic Center Addition. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • XX. ADJOURNMENT JUNE 28, 1990 • • • • • • • • • • • Mayor Crites adjourned to Closed Session at 9:05 p.m. pursuant to Government Code Section 54956.8. Real Property Transactions. and 54956.9(a) and (b), Pending and Potential Litigation. He reconvened the meeting at 9:50 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: 5HEILA R. GJLLIQAN, CITY' ERK • CITY OF PALM DESERT, CAL FORNIA BUFORD A. CRITES, MAYOR