Loading...
HomeMy WebLinkAbout1990-03-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 22, 1990 CIVIC CENTER COUNCIL CHAMBER s a s • s ; s s s I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Buford A. Crites 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 Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.1.O. Carlos L. Ortega, ACM/Director of Redevelopment Agency Richard Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Finance Director/City Treasurer Phil Drell, Senior Planner Frank Allen, Director of'Code Compliance Pat Conlon, Director of Building 8 Safety V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 8, 1990. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0213, WR0218, WR030I, and WR0304. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Oliva Enterprises, Inc., for Oliva's, 74-695 Highway 111, Palm Desert. Rec: Receive and refer to Department of Community Development for processing. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Olisake, Inc., for Tutti Gusti Griglieria-Pizzeria, 73-030 El Paseo, Palm Desert. Rec: Receive and refer to Department of Community Development for processing. E. CLAIM AGAINST THE CITY by the City of Upland for Damages Resulting from Falling Tree in City of Palm Desert Parking Lot (Claim #129). Rec: By Minute Motion, authorize the Claims Review Committee to negotiate a settlement in an amount not to exceed $1,100.00, subject to Claimant's execution of Release of All Claims. F. RESOLUTION NO. 90-28 - 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 (January, 1990). Rec: Waive further reading and adopt. G. RESOLUTION NO. 90-29 - 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 (February, 1990). Rec: Waive further reading and adopt. H. LETTER OF RESIGNATION from Joe Abbondondola from the Rent Review Commission. Rec: Receive with sincere regrets. I. REQUEST FOR APPROVAL of Parcel Map 24090 (Ahmanson Commercial Development Company, Applicant). Rec: Waive further reading and adopt Resolution No. 90-30, approving Parcel Map 24090. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • a • a * f s • * ■ ; s * i r • s * f s r • s * s J. REQUEST FOR APPROVAL of Parcel Map 25875 (Ahmanson Commercial Development Company, Applicant). Rec: Waive further reading and adopt Resolution No. 90-31, approving Parcel Map 25875. K. REQUEST FOR APPROVAL of Final Tract Map 21338 (The Starkey Company, Applicant). Rec: Waive further reading and adopt Resolution No. 90-32, approving Tract Map 21338. L. REQUEST FOR APPROVAL to Release Subdivision Improvement Security for Precise Plan 87-1 (Tentative Tract 22805), Marriott Phase 2 Golf Course (Marriott Desert Springs Development Corporation, Applicant). Rec: By Minute Motion, accept the subject improvements as complete and authorize the City Clerk to release the improvement securities. M. REQUEST FOR CONSIDERATION of Street Name Change for a Section of Highway 74 Frontage Road. Rec: Waive further reading and adopt Resolution No. 90-33, setting a public hearing to consider a street name change for the Highway 74 Frontage Road starting at Indian Hills Way north to the dead end. N. REQUEST FOR CONSIDERATION of South Side Hovley Lane Ordinance No. 416 Street Construction. Rec: Waive further reading and adopt Resolution No. 90-34, setting a pub llc hearing for consideration of the subject Ordinance No. 416 street project. 0. REQUEST FOR APPROVAL of Portola Avenue and Portola Country Club Intersection Channelization. Rec: By Minute Motion, approve the plan as described in the staff report, subject to approval by the Portola Country Club's Board of Directors. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • . • • • • • • • • • • • • • • • • • • • • • • • P. REQUEST FOR APPROVAL of San Pascual Avenue/Fred Waring Drive Intersection Improvement Plan. Rec: By Minute Motion: 1) 2) Implement a re -striping plan at the intersection of Fred Waring Drive and San Pascual Avenue; and Direct City staff to meet with interested residents to address traffic concerns. Q REQUEST FOR AWARD OF CONTRACT for Landscape Maintenance Services for Highway 74 Frontage Road Medians, 400 Feet South of El Paseo to Homestead Road (Contract No. 00-413). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with Environmental Care, Inc., for Contract No. 00-413 for a one-year period in the amount of $732.36 per month. R. REQUEST FOR AWARD OF BID for Front Deck Riding Mower and Accessories. Rec: By Minute Motion, reject the lowest bidder, LESCO, Inc., and award purchase of riding mower and accessories to Pacific Equipment & Irrigation in the amount of $16,855.83. S. REQUEST FOR AWARD OF CONTRACT for City -Wide Master Drainage Plan; Engineering Services Study (Contract No. 00-420). Rec: By Minute Motion: 1) Award Contract No. 00-420 to NBS/Lowry in the amount of $131,500.00 as the negotiated quotation amount and authorize a ten percent contingency reserve for the contract in the amount of $13,150.00; and 2) Appropriate $144,650.00 from the Unobligated General Fund Balance to Account Number 110-4300-3010. T. CONSIDERATION OF REQUEST by Riverside County Fire Department to Conduct Burn Exercise at 73-688 Santa Rosa Way, Palm Desert. Rec: By Minute Motion, approve the request. Mr. Altman asked that Items 0, P, and S be removed for separate discussion under the Consent Items Held Over portion of the Agency. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Upon motion by Wilson, second by Snyder, the Consent Calendar, with the exception of Items 0, P, and S, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 600 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 26.24.040 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO SUBDIVISIONS. Mr. Folkers reviewed the staff report, noting that Section 26.24.040 of the Municipal Code currently allows developers to submit improvement securities up to 60 days after the date of approval of the final map. He said the proposed ordinance would delete the 60-day "grace" period and require that both agreements and securities be submitted prior to Council consideration of final maps. Councilman Kelly moved to waive further reading and pass Ordinance No. 600 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. For Adoption: A. ORDINANCE NO. 597 - 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 (EDGEHILL DRIVE FROM GREENE WAY TO PAINTERS PATH ROAD). Mr. Altman stated there were no changes to this ordinance since its introduction, and he recommended it be adopted. Councilman Kelly moved to waive further reading and adopt Ordinance No. 597. Motion was seconded by Wilson and carried by unanimous vote of the Council. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • B. ORDINANCE NO. 598 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 8.20.200 TO TITLE 8, CHAPTER 8.20, OF THE PALM DESERT MUNICIPAL CODE AUTHORIZING RECORDING OF A NOTICE OF CODE VIOLATION WITH THE RIVERSIDE COUNTY RECORDER'S OFFICE. Mr. Altman stated that this ordinance was introduced at the last meeting and that no changes had been made. He recommended its adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 598. Motion was seconded by Benson and carried by unanimous vote of the Council. C. ORDINANCE NO. 599 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 8.50 TO TITLE 8 OF THE PALM DESERT MUNICIPAL CODE ENTITLED "REGULATIONS FOR THE CONSTRUCTION, RECONSTRUCTION, ABANDONMENT, AND DESTRUCTION OF WATER WELLS". Mr. Altman stated there were no changes since introduction of this ordinance. However, he noted there was a memo in the packets from Building Director Pat Conlon responding to questions raised at the last meeting relative to existing wells. He offered to answer any questions. Councilman Snyder moved to waive further reading and adopt Ordinance No. 599. Motion was seconded by Kelly and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER 0. REQUEST FOR APPROVAL of Portola Avenue and Portola Country Club Intersection Channelization. Mr. Folkers reviewed the staff report, noting that there were two elements to this request: 1) To have a meeting with the Board of Directors of Portola Country Club; and 2) Staff had intended to have Portola Avenue paved and striped at this time. Unfortunately, the contractor had been a little slow and, in the meantime, staff had come up with the plan for doing the additional striping. He said it would be preferable to have the restriping at the intersection to provide a safer way for people to get out of Portola Country Club along with the striping that will be taking place later next week. He said as a result, the cost would be above $5,000. He asked that Council approve this as an emergency item in the amount of $6,000 plus a 10% contingency reserve. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Crites asked if this would be contingent upon approval by the Board of Directors of Portola Country Club, and Mr. Folkers agreed. Councilman Kelly moved to, by Minute Motion, approve the plan as described in the staff report in the amount of $6,000 plus 10% contingency, subject to approval by the Portola Country Club's Board of Directors. Motion was seconded by Benson and carried by unanimous vote of the Council. P. REQUEST FOR APPROVAL of San Pascual Avenue/Fred Waring Drive Intersection Improvement Plan. Mr. Altman stated that it was staff's recommendation that this item be referred to staff to meet with people in the neighborhood and then bring a report back to Council at its next meeting. Councilman Wilson moved to, by Minute Motion, refer this matter to staff as recommended by the City Manager. Motion was seconded by Snyder and carried by unanimous vote of the Council. S. REQUEST FOR AWARD OF CONTRACT for City -Wide Master Drainage Plan; Engineering Services Study (Contract No. 00-420). Mr. Erwin suggested that Council approve this item and then add to the Agenda, by 4/5ths vote, a related item dealing with the north side of the City. Councilman Wilson moved to, by Minute Motion: 1) Award Contract. No. 00-420 to NBS/Lowry in the amount of $131,500.00 as the negotiated quotation amount and authorize a ten percent contingency reserve for the contract in the amount of $13,150.00; and 2) Appropriate $144,650.00 from the Unobligated General Fund Balance to Account Number 110-4300-3010. Motion was seconded by Snyder and carried by unanimous vote of the Council. Councilman Wilson moved to add an item for consideration which arose after the Agenda was posted and deals with drainage in the north area of the City. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Erwin stated that there was a large area of land which was not included in the City's Master Drainage Plan because It was not within the City limits when the Plan was approved. He said there were several potential projects located within this area and while the North 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • • s • • s • • • • • • • • • • s Sphere Precise Plan did address some drainage issues, it was not to any great extent, and the drainage fee was not effective for this area. He suggested that Council consider, in accordance with Government Code Section 65858, imposing a moratorium on all permits and construction for portions of the North Sphere Area of the City basically bounded on the west by Portola Avenue, on the north by Interstate 10, on the south by the ridgeline defined in the existing drainage standards, and on the east by the existing City boundaries; and that the moratorium not apply to those portions of the North Sphere Area already covered by the drainage study or those subject to a development agreement. He said the moratorium would be in effect for a period of 45 days. If the Council wished to extend the moratorium for an additional time, a public hearing would have be scheduled within the initial 45 days to consider said extension for a period of time not to exceed ten months and fifteen days, pursuant to Government Code Section 65090. Councilman Wilson moved to waive further reading and adopt Ordinance No. 601, placing a moratorium on all permits and construction for portions of the North Sphere Area of the City in accordance with Government Code Section 65858 and along the guidelines established above by the City Attorney. Motion was seconded by Snyder and carried by unanimous vote of the Council. X. NEW BUSINESS A. PRESENTATION BY WESTINGHOUSE DESERT COMMUNITIES RELATIVE TO A REVISION TO THE FORMER BELLA VISTA PLAN. Mr. Phil Joy, Associate Planner, reviewed the staff report, noting that Westinghouse had submitted a conceptual grading plan which involved a slight modification. He said staff supported the plan and felt it was consistent with the development agreement. He added that staff's recommendation was that all conditions of approval included in the original development agreement be applicable to the property. Mayor Crites added that the developer had met with individual members of Council. MR. DAVID GRAHAM, Westinghouse Desert Communities, addressed Council and stated that the improvements that had been required for the south of their property would 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 . . . . . . . . . * * . . . . . . . * . . * * . . now be shifted to the north so that it would be consistent with what had been approved for the south side. Councilman Kelly moved to, by Minute Motion, authorize the Director of Community Development to implement the changes requested by the developer. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. CONSIDERATION OF AN APPEAL BY BUSINESS OASIS, INC., OF AN ARCHITECTURAL REVIEW COMMISSION DECISION APPROVING INSTALLATION OF A BUSINESS IDENTIFICATION SIGN SUBJECT TO REMOVAL OF WINDOW SIGNS AT 41-625 ECLECTIC STREET, SUITE 01 AND P1. Mr. Drell reviewed the staff report, noting that the Architectural Review Commission had approved the requested business identification sign but required removal of the window signs. Mayor Crites asked if there was anyone in the audience who wished to speak to this issue. No testimony was offered. Councilmember Benson moved to, by Minute Motion, deny the appeal and affirm the decision of the Architectural Review Commission. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. CONSIDERATION OF AN APPEAL BY MAY CO. OF AN ARCHITECTURAL REVIEW COMMISSION DECISION REQUIRING ENTRANCE SHADE STRUCTURES TO BE CONSTRUCTED AS PART OF DEPARTMENT STORE EXPANSION. Mr. Drell reviewed the staff report, noting that the Architectural Review Commission felt May Company should be required to install a structural canopy for both the new entrance on the west and the existing entrance on the south. However, May Company felt adding the canopy to the south entrance would require that the entrance be closed; therefore, they requested permission to maintain the present design for both the west and south entrances. Mr. Drell stated staff's position was that the structural canopy was not really warranted on the south side and. therefore, recommended that the Architectural Review Commission decision be modified to apply only to the shade canopy over the new west entrance. MR. RICK HOLDEN addressed Council as a member of the Architectural Review Commission. He said he felt the Palm 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • * • • • • • • • * • • • • * • • Desert Town Center was not very pedestrian -oriented, and adding more shade would create a more pedestrian -friendly environment. People waiting outside the store for rides, etc., would be able to wait in the shade. MR. DOUG SIMMONS, 74-130 Catalina, spoke as General Manager of the Palm Desert Town Center. He said from a practical point, it did not make sense to have people stand outside under the shade; they are either entering or leaving the store. However, from an aesthetic point, it made sense to have a canopy on the west end of the store because of the exposure. He urged the Council to approve staff's recommendation and require the canopy only over the west entrance. Councilman Wilson asked whether Mr. Holden had observed any problems with the entryway as far as having people standing out in the sun. Mr. Holden responded that he did not think it had created any problems. However, he said he could ask Councilmembers whether there had been any problems with unshaded parking because now the Council was shading the parking at the Town Center. Councilman Wilson stated he felt staff's recommendation was a reasonable compromise with the addition of a friendly entrance, and he moved to, by Minute Motion, modify the Architectural Review Commission decision to apply only to the shade canopy over the new west entrance. Motion was seconded by Kelly and carried by a 4-1 vote, with Mayor Crites voting NO. D. REQUEST FOR APPROVAL OF CONTRACT NO. 00-421 WITH MICHAEL ANDERSON TO FABRICATE A SCULPTURE TO BE LOCATED NEAR THE PROPOSED YMCA/YOUTH CENTER BUILDING. Ms. Catherine Sass, Associate Planner, reviewed the staff report, noting that staff's recommendation was that the Council waive the requirement for a Labor 8 Materials Bond as well as for a Performance Bond. She said it would be extremely difficult to find a surety company that would underwrite artists. She said the City Attorney had suggested that the City require 1 ife and disability insurance on the artist, with the City as an additional insured. Upon question by Councilman Wilson. Ms. Sass responded that the YMCA had been contacted re' tive to having the 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 * s s t a a * a ; a * * f s s ; * * • ; * * • * sculpture located near its facilities and using it for promotional purposes. Upon question by Councilman Snyder, Ms. Sass responded that the cost would be the same as when the competition was going on. Councilman Kelly moved to, by Minute Motion, approve Contract No. 00-421 in the amount of $75,000, with the above stated bond variance, and appropriate funds from the Art -in -Public -Places fee account. Motion was seconded by Benson and carried by unanimous vote of the Council. Ms. Sass asked whether Council wished to modify the manual to delete the requirement for bonds. Mrs. Gilligan added that when the Council adopted the ordinance, it also approved an Art -in -Public -Places Program, and page 10 specifically required bonds. With Council concurrence, staff was directed to prepare for the next meeting a modification to the Art -in -Public -Places manual to delete the section relative to the requirement for bonding. E. REQUEST FOR CONSIDERATION OF UNIFORMS FOR CITY CODE COMPLIANCE OFFICERS. Mr. Allen reviewed the staff report, noting it was staff's feeling that the wearing of uniforms would make the Code Compliance Officers more easily identifiable in the community. Mayor Crites stated he had no objection to the concept of uniforms but would strongly object if the uniforms were perceived as being "citizen unfriendly". Upon question by Councilman Kelly, Mr. Allen responded that Council was being asked to approve the uniforms in concept at this time and would have an opportunity to make the final approval as to the exact uniforms. Councilman Wilson asked if there might be a better way of solving the problem of visibility without having to go with uniforms, and he suggested that Mr. Allen come back with samples of the type of uniform he was recommending. Mayor Crites suggested having the officers wearing shirts with the City seal on them as a form of identification, similar to the gas company. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Kelly agreed and said he felt they would look nice having white shirts with the City Seal. He felt the shirts would not intimidate anyone, and people in the community would get the feeling that the officers were doing official business for the City. Councilman Wilson moved to continue this item to the meeting of April 12, 1990, and ask that Mr. Allen provide samples of suggested uniforms. Motion was seconded by Snyder and carried by unanimous vote of the Council. F. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega noted that a report had been included in the packets relative to cable complaints received. He added that several Councilmembers and staff had visited General Telephone Company in Cerritos to look at their cable capabilities. Mr. Ortega stated there was a cable bill currently being considered, HR2437, which was known as the "Cable Competition Act", introduced by Rick Bauscher of Virginia. He reviewed the bill, noting that it would allow telephone companies to provide cable programming. Councilman Kelly stated he felt the only way better cable service can be provided to the citizens is to have competition. Councilman Wilson suggested that staff prepare a resolution in support of HR2437 for the next meeting. Council concurred. 2. Update on Tri-Cities Sports Facility. Mr. Drell noted that this issue had been referred to the Charitable Contributions Committee and that a report would be provided at the next Council meeting. 3. Old Prospector Trail Traffic Management Plan. Mr. Seyed Safavian, Traffic Engineer, distributed copies of letters from Mr. Jack Henessey relative to his home on Old Prospector Trail. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 s a s * a s • s s a s s a s s s s s • s s ; s s s Mr. Folkers reviewed the staff report, noting that staff's recommendation was to proceed with mitigation measures. Upon question by Councilman Wilson, Mr. Safavian responded that Mr. Henessey's home was at the intersection of Old Prospector Trail and Panorama, which was an uncontrolled intersection at this time. He said the proposal was that a two-way stop be installed. Councilmember Benson noted that Mr. Henessey was suggesting that the two-way stop be in the north/south direction instead of east/west. Mr. Safavian responded that because of line -of -sight problems as well as a dip on Old Prospector Trail, it would make more sense to control Old Prospector rather than Panorama. Mayor Crites invited input from members of the audience. MR. CORE BIDDELL, 74-181 Old Prospector Trail, said he was happy the Council was taking action to do something about the traffic. He said he did not believe the stop signs on Fairway had improved the traffic much at all and that vehicles continued to speed through. He said he was not opposed to the mitigation measures proposed but felt it would put most of the traffic back onto Fairway Drive. Mayor Crites stated that if these devices were installed, staff would be looking to see what the impacts were on both speed and volume on Fairway and adjacent streets. Upon question by Councilman Wilson relative to the posting of streets as 25 mph, Mr. Folkers responded that he would be reluctant to do so because of the cost of the signs as well as the maintenance associated with painting the streets, etc. Councilman Wilson stated that the studies show the problems on Fairway Drive have been mitigated because the traffic has been put onto Old Prospector Trail, and that was not Council's intent. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22. 1990 Councilman Kelly added that he had abstained from voting at the time the mitigation measures were approved; however, he said it would not have been his intent to put the traffic onto his neighbors' streets. Mayor Crites suggested that Council consider setting aside a certain amount of money per year to be used for signage of residential streets that have heavy traffic. He said he felt it would not be a bad expenditure of public funds if the posting of signs reminded drivers of the speed limits. MR. SANDY BAUM, 45-800 Deep Canyon, said he felt if signs were going to be installed on Old Prospector Trail, they should also be put in on Broken Wagon. He added that the speed limit on Deep Canyon is currently 35 mph while Fairway Drive is 25 mph, and he suggested that Council consider changing the speed limit on Deep Canyon. Councilman Snyder agreed with Wilson and Kelly that although Fairway Drive had definitely shown improvement, it had been Council's intent to put the fast traffic on the highways, not on other residential streets. Councilman Wilson moved to, by Minute Motion, approve the recommendations listed in the staff report, amended to include the installation of at least two 25 mph signs on Old Prospector Trail, and direct staff to ask that the Sheriff's Department increase the frequency of patrol, at least in the initial phase, to try and slow down the traffic. Mr. Folkers asked whether Council was basically concurring with recommendations of the Technical Traffic Committee, and Council agreed. Councilman Wilson withdrew his motion, and staff was directed to: 1) Implement the recommendations of the Technical Traffic Committee; and 2) At budget time, look into the possibility of setting aside a specific amount of money each year to be used for signage of residential streets with heavy traffic. 4. Update on Cook Street improvements - East Side, North of Hovley Lane. Mr. Folkers reviewed the report and offered to answer any questions. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 * . . . . . * . * . . . . . * . * . . . * . . . * 5. Update on Monterey Avenue and Highway 111 Intersection improvement Plan. Mr. Folkers reviewed the staff report, noting that staff would be making recommendations to the Council at either its April 12th or April 26th meeting. XI. CONTINUED BUSINESS A. CONSIDERATION OF REQUEST BY NEXUS, THE CONNECTING PLACE, INC., FOR WAIVER OF 1,000 FOOT LOCATION REQUIREMENT FOR INTRODUCTORY SERVICE TO BE LOCATED AT 72-221 HIGHWAY 111, SUITE A-8 (Continued from Meeting of March 8, 1990). Mr. Allen reviewed his report dated March 16th, noting that the report from the Sheriff's Department was not yet ready. Mr. Altman recommended continuing this matter for two weeks so that Council could review the police report. Councilman Snyder moved to continue this matter to the meeting of April 12, 1990. Motion was seconded by Kelly. Upon question by Councilman Wilson relative to the applicant's timetable, Mr. Alan Mitchell responded that the continuance would be okay if Council ultimately approved the request. Mayor Crites called for the vote. Motion carried by a 4-1 vote, with Councilman Wilson voting NO. B. REPORT RELATIVE TO PAVED ROADS WEST OF THE PALM VALLEY CHANNEL (Continued from Meeting of March 8, 1990). At this point, Mayor Crites removed himself as Chair of the meeting because he was an affected property owner in the area being discussed. He indicated he wished to address the Council as a citizen. Mr. Folkers reviewed the staff report, noting that staff recommended that asphalt concrete be used on grades of less than 12% unless otherwise required by the Fire Department. On grades above 12%, staff would recommend using Portland Concrete Cement with appropriate colorization. He added that staff also recommended the streets be private roads but that the City assist the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 s a a • • s s a r a 1 s a s s * s s s s ; a s s s residents in creating a private maintenance district so that everyone pays their fair share of the cost. Councilmember Benson stated that although Council had asked for information on this item, she felt it might be a little premature to implement these recommendations without first finding out what the people in the area actually want. MR. RICHARD HOWARD, 41-910 Boardwalk, Suite B-3, addressed Council and stated that he had a tentative map in the Cahuilla Hills and had not had time to meet with surrounding property owners before this meeting. He asked that Council continue this matter to the meeting of April 12th. He said that would give him enough time to talk to them and have them attend the meeting to speak to this issue. MR. BUFORD A. CRITES, 72-350 Chapel Hill Lane, stated that this item had originally come up because of the air quality issue. He said the South Coast Air Quality Management District (SCAQMD) was doing a PM-10 study in the Coachella Valley and would be reporting back to the Coachella Valley Association of Government's (CVAG) Energy 8 Environment Committee with the final results as well as a list of options. He said the issue of improving roads was a small piece in a large puzzle. He suggested that the Council postpone any action on this issue until the study results have been received from CVAG and the SCAQMD with suggested measures to mitigate future dust emissions from roads. He added that the SCAQMD would also be recommending funding to do these types of mitigation measures, and one potential source of funds would be a $4.00 per vehicle registration fee. He also suggested that Council take the same action on Mr. Howard's tract map as it has in the past; that is. approve the map and leave the issue of access as the developer's concern, not the City's. Councilman Snyder stated that if an assessment district is to be created, it is usually done at the request of property owners in a particular area. He said he felt this matter should be continued to an indefinite time. Councilman Wilson stated that the SCAQMD would be holding a workshop at 10:00 a.m. on May llth in the Council Chamber to get public input relative to the PM-10 study. He suggested that the matter be continued until after the May Ilth workshop, and he asked how this would affect the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 . . . . . . . . . . . . . . . . . . . . . . . . . Planning Commission's approval of Mr. Howard's tentative map. Mr. Drell responded that Planning Commission was Postponing approval of the map until it receives Council's response. Councilmember Benson stated she felt there was no real need to hold up Mr. Howard's approval. Councilman Wilson moved to, by Minute Motion: 1) Continue this matter until after the PM-10 study has been finalized and strategies developed; and 2) Direct staff to advise the Planning Commission that the Council is not at this time ready to make any recommendations on road improvements in the hillside areas. Motion was seconded by Benson and carried by a 4-1 vote, with Mayor Crites ABSTAINING. XII. OLD BUSINESS 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 ZONED 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 (LAST BEFORE COUNCIL ON 01/25/90). Mr. Drell reviewed the staff report. He recommended that Council adopt the resolution and pass the ordinance to second reading, with final adoption of the ordinance to be held in abeyance pending the applicant providing the City with adequate documentation to ensure that the access from the east can be accomplished. Mayor Crites stated that this issue was sent back to the Planning Commission for comment. Councilmember Benson said she agreed that the Office Professional zoning should go into that area, and she asked whether the zone change was all that Council was being asked to approve. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 . . . . . . . . . . . . . . . . . * * . . . . . . Mr. Drell responded that the request was to approve the project itself if everything can be worked out. Councilman Kelly asked whether it would include a restaurant, and Mr. Drell responded that a restaurant was really the only use that was required by the existing zoning on Highway 111. Councilmember Benson moved to: 1) Waive further reading and adopt Resolution No. 90-11, certifying a negative declaration of environmental impact and approving an amendment to the general plan from residential medium density to office professional; 2) Waive further reading and pass Ordinance No. 581 to second reading, certifying a negative declaration of environmental impact and approving a change of zone from PR-5 to O.P. (Office Professional), with second reading of the Ordinance to be held in abeyance pending the applicant providing the City with adequate documentation to ensure that the access from the east can be accomplished; 3) Waive further reading and adopt Resolution No. 90-12, certifying a negative declaration of environmental impact and approving a precise plan of design for an 11,000 square foot restaurant and 114,800 square feet of professional office. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. CONSIDERATION OF POLICY RELATIVE TO LAND FOR NON-PROFIT SERVICE ORGANIZATIONS. Mr. Altman stated there was a memo in the packets from the Director of Community Development. Councilmember Benson questioned the recommendation that each request must include a proposed plot plan and location map. Councilman Snyder responded that the purpose was to make sure the requests were very specific. Mayor Crites expressed concern with Item #1 of the staff report which stated that all requests shall be processed on a first in, first out basis. MS. GAIL THOMAS, Director of Development for Coachella Valley Counseling Center, 73-302 Highway 111, addressed Council and stated that of the four areas indicated in the staff report as City -owned park land, the only one that would be appropriate for her organization's facility would be #4, adjacent to Portola Community Park. She added that it would be difficult for them to submit a proposal in accordance with this policy, especially in terms of having the firm's books from the previous five years audited by 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • the City. She asked for assistance from staff in preparing her proposal. Mayor Crites stated that if Council approved this policy, Ms. Thompson would have an opportunity to make a presentation once the application was submitted. Councilman Snyder moved to, by Minute Motion, direct staff to: 1) Prepare a resolution relating to the use of City -owned land by private non-profit philanthropic organizations; and 2) Meet with representatives of Coachella Valley Counseling Service to assist them in the preparation of appropriate data for review. Councilman Kelly stated he would second the motion but was concerned with the processing of all requests on a first in, first out basis. He said he felt before a request was approved, the City should be assured that the organization had all the funds and was ready to complete the project. Councilman Snyder amended his motion to eliminate Item ##1 regarding the processing of requests on a first in, first out basis. Councilman Kelly agreed to the amendment. Motion carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS NOTE: THESE ITEMS WERE CONSIDERED FOLLOWING COMPLETION OF THE 7:00 P.M. PORTION OF THE AGENDA. A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin asked that the Council adjourn to Closed Session at the end of the meeting. C. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action: 1. Consideration of Request from The United States Conference of Mayors for City of Palm Desert's Participation In "New Annual City Livability Awards Program" (Mayor Buford A. Crites). Mayor Crites noted there was a letter in the packets from the United States Conference of 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • f • • • • • • • • • • • • • • • Mayors relative to this new program. He suggested that this matter be referred to staff to discuss programs the City has implemented and which ones should be submitted for the award, such as landscaping, etc. Councilman Kelly asked that staff consider the Art & Essay Contest and how it featured recycling. He said the Chairman of the Contest Subcommittee was compiling a procedures manual that could be submitted for this awards program. Council concurred that this item should be referred to staff. 2. Consideration of Request from Coachella Valley Mountains Trust Relative to City Membership (Mayor Buford A. Crites). Mayor Crites stated a letter had been received from the Coachella Valley Mountains Conservancy inviting the City to be charter member of the organization. He said the cost would be $5,000, and he recommended that the matter be referred to the Charitable Contributions Committee for consideration. Council concurred. 3. California Clean Air and Transit Initiative (Councilman S. Roy Wilson). Mayor Crites asked whether Council wished to support this measure. Councilmember Benson stated that while she was in Sacramento, she had heard Senators Garamendi and Hanson both speak on this issue and urge passage. With Council concurrence, staff was directed to prepare a resolution for consideration at the April 12, 1990, meeting. 4. One Quail Place (Mayor Buford A. Crites). Mr. Ortega stated that this issue involved the default and subsequent purchase of One Quail Place by another group, which was requesting that the City consider refunding the existing 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 * * * * * * * * * * * * * * ! * • • * * * * * * • City of Palm Desert housing revenue bonds and issuing new bonds in order to take advantage of lower interest rates. He said he had received a legal opinion that there could be some issues that current bond holders could raise if the City chose to approve the request. However, if the developer wished to proceed, he could hold the City harmless and thus provide some protection for the City. Mr. Ortega stated there were two issues for Council to consider: 1) Financial - whether or not this would be an advantage to the City and if some of the savings could be used to provide additional affordable units; and 2) Policy decision - does the Council wish to approve the refunding at this time? He added that the City was under no obligation to approve the request at this time. MR. SAM RASMUSSEN spoke as President of Ocean Properties, one of the three partners that purchased the apartments in December of 1989 and as managing partner of the project. He said he felt the project was a strong one and that the partners were willing to commit a significant number of apartments to low income housing in addition to the 20% already provided under the current bonding. He added that there were also legal issues to be considered, and he stated he would submit a formal proposal to the City If the Council wished. Mr. Altman asked that the proposal be submitted to him for review by the City Attorney and Finance Department. Council concurred. o City Council Committee Reports: 1. Councilman Kelly reported on the plastics recycling conference that he and Environmental Conservation Manager John Wohlmuth had recently attended. He presented each Councilmember with a urinal pad manufactured from recycled plastic. 2. Councilmember Benson stated she had visited Assemblywoman Tricia Hunter in Sacramento and was pleased to see the City's mural print displayed in her office. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • * • • • • • • * • • • • • • • • • • • • 3. Councilman Snyder stated he and Councilman Kelly had attended the Public Safety Commission meeting recently. He said they had discussed the City's participation financially in the JPA program. He added that there would be additional discussions and that he would report back to Council. 4. Mayor Crites stated that he would be asking the Nominating Subcommittee to submit the names of individuals to be considered for appointment to the Senior Center Board to replace Mr. Bob Spiegel as the City's representative. Upon question by Councilman Kelly, Mr. Altman responded that Mr. Spiegel was resigning from the Board due to his appointment as Treasurer of the Senior Center. Councilman Kelly stated he felt the Council should consider appointing a member of City staff this time. Councilman Wilson stated that when this matter first came to the Council, each of the three cities was asked to appoint someone to serve on the Board. He asked what advantage there would be to having a staff member as opposed to a citizen representative. Mayor Crites asked that Mr. Altman review the agreement signed by the three cities to find out if there are specific guidelines regarding this appointment and report back to Councilmember Benson. 5. Taxicabs Mayor Crites stated that he and Mr. Allen had met with representatives of the Public Utilities Commission (PUC) relative to taxicab services. He said because the City of Palm Desert had chosen not to regulate taxicabs, they were regulated by the PUC. He said complaints had been received from drivers and other individuals that the PUC was not enforcing its regulations. Because of those complaints, they were in the process of investigating those cabs which do not meet regulations. He said the PUC, by its own regulations, only allows cab firms in the City 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 a • • • • • • • • • • • • • • • • • • • • • • • • to pick up people on a prearranged basis, they were not allowed to use meters, and were not allowed to have domes on top of the vehicles. He said he felt the City had no option but to begin regulating taxicabs, and he asked that staff prepare an ordinance for the next meeting. Council concurred. XIV. ORAL COMMUNICATIONS - B None Mayor Crites recessed the meeting for dinner at 6:20 p.m. He reconvened the meeting at 7:10 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Council considered the Reports and Remarks portion of the Agenda following Awards, Presentations, and Appointments. XVI. ORAL COMMUNICATIONS - C MR. SANDY BAUM, 45-800 Deep Canyon Road, addressed the Council and stated that CalTrans had increased the speed limit on Highway 111 from 40 mph to 50 mph. He asked whether the City would try to fight this increase. Mr. Folkers responded that although CalTrans had installed signs that indicated 50 mph, the traffic was not going any faster or any slower than before. He said in the spirit of cooperation, the City would continue to work with CalTrans to see that things get done the way the City wants them. Particularly the coordination of traffic signals. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE OF APPRECIATION TO HERB PASIK. On behalf of the entire City Council as well as the City Attorney, staff, and the community, Mayor Crites presented a plaque of appreciation to Herb Pasik for his honesty end integrity in reporting the issues in Palm Desert; for his fairness and accuracy, which bridged the gap between legislator and Journalist; and for his sincerity and friendship, which endeared him to everyone in Palm Desert. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 • • • • • • • • • • • • • • • • • • • • • • • • • B. PROCLAMATION DECLARING APRIL, 1990, AS "EARTHQUAKE PREPAREDNESS MONTH" IN PALM DESERT. Mayor Crites read the proclamation and presented it to Mr. Ken Weller, Emergency Services Coordinator for the City. He noted that the City of Palm Desert would be an active participant in the upcoming earthquake drill in April. C. CONSIDERATION OF THE REAPPOINTMENT OF DR. ROBERT ROTTSCHAEFER TO THE COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES AS THE CITY OF PALM DESERT'S REPRESENTATIVE. Councilman Snyder moved to, by Minute Motion, reappoint Dr. Robert Rottschaefer to a four-year term on the Coachella Valley Mosquito Abatement District Board of Trustees. Motion was seconded by Kelly. Mayor Crites asked that Dr. Rottschaefer be invited to a future Council meeting to give a report on what this Board has done in the last several years. Mayor Crites called for the vote. Motion carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Mr. Erwin stated that an item had come up after the Agenda was posted which dealt with potential litigation, and he asked that Council add it to the Agenda for consideration in Closed Session. Councilman Wilson moved to add this item to the Agenda pursuant to Government Code Section 54956.9 (b), potential litigation. Motion was seconded by Snyder and carried by unanimous vote of the Council. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 1990 . . . . . . . . . . . . . . . . . . . . * . . . . Councilman Snyder moved to adjourn to Closed Session at 7:48 p.m. pursuant to Government Code Sections 54956.8, Real Property Transactions (re: Lionel Steinberg; and Southeast Corner of Highway 111 and Portola Avenue), and 54956.9 (b), potential litigation; said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Crites and carried by unanimous vote of the Council. Councilman Snyder moved to adjourn the meeting at 8:45 p.m. with no action announced from Closed Session. Motion was seconded by Kelly and carried by unanimous vote of the Council. ATTEST: SHEILA R. G71L'IGAN, CIT///CLERK CITY OF PALM DESERT, CACIFORNIA BUFORD A. CRITES, MAYOR 25