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HomeMy WebLinkAbout1991-12-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 pm. II. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford A. Crites Councilman S. Roy Wilson Councilman Walter H. Snyder Mayor Richard S. Kelly Also Present: Paul W. Shillcock, Acting City Manager Carlos L. Ortega, ACM/Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Paul Gibson, City Treasurer/Finance Director David Millheim, Human Resources Director John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of November 14, 1991. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Registers 1102 and 1104. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 . * . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by California Pizza Kitchen, Inc., 73-080 El Paseo, Palm Desert. Rec: Receive and file as a Conditional Use Permit has been processed by the Department of Community Development. D. RESOLUTION NO. 91-132 - 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. Rec: Waive further reading and adopt. E. REOUEST FOR APPROVAL of Amendment to Contract No. 00-386 with Decor Plan for the City's 1991 Christmas Tree Program. Rec: By Minute Motion, approve Amendment -1 to Contract No. 00-386 with The Decor Plan in the amount of $12,646.03for the 1991 Christmas Tree Program. F. REOUEST FOR APPROVAL of Extension of Plan Check for Harold Housley Office Project Located at 44-311 Monterey Avenue. Rec: By Minute Motion, approve a seven -month time extension from June 20, 1991, to January 20, 1992, for said project. G. REOUEST FOR APPROVAL of Contract No. 00-213-1 with San Val Corporation for Expansion of the Existing Burglary and Fire Alarm Systems in the Civic Center. Rec: By Minute Motion: 1. Approve Contract No. 00-213-1 with San Val Corporation in the amount of $10,025.00for the expansion of the existing burglary and fire alarm systems protecting the Palm Desert Civic Center; 2. Instruct the Director of Finance to appropriate $10,025.00 plus a 10% contingency fund of $1,002.00from the Unobligated New Construction Tax Fund. H. REOUEST FOR RESCISSION of Contract No. 00-502 with Barbara Grygutis for Proposed Artwork for Civic Center Park. Rec: By Minute Motion, rescind the City Council approval of August 22, 1991. 2 MINUTES REGULAR PALM DESERT _ .TY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR APPROVAL of Proposed Waste Management of the Desert Surcharge to Cover the Increase in the Riverside County Landfill Tipping Fee. Rec: Waive further reading and adopt Resolution No. 91-133, amending Resolution No. 90-152 pertaining to an increase in the City of Palm Desert's landfill surcharge due to the County landfill tipping fee increase passed by the Riverside County Board of Supervisors. J. REOUEST FOR APPROVAL of the Transfer of Surplus Traffic Signal Equipment to the County of Riverside. Rec: By Minute Motion, authorize the transfer of traffic signal equipment to the County of Riverside's Transportation Department. K. REOUEST FOR AWARD OF CONTRACT NO. 00-583 for Construction of the Silver Spur Storm Drain Project. Rec: By Minute Motion, award Contract No. 00-583 to T. L. Pavlich Construction in the amount of $97,270.00 and authorize a 10% contingency of $9,727.00. L. REOUEST FOR ACCEPTANCE OF WORK for Contract No. 00-528, 1990-91 Slurry Seal Program. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. 00-528. M. REOUEST FOR ACCEPTANCE OF WORK for Contract No. 00-526, Traffic Signal Installation at Cook Street and Hovley Lane. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for Contract No. 00-526. N. REOUEST FOR APPROVAL of El Paseo Median Improvement and Authorization to Call for Bids for Contract No. 00-589. Rec: By Minute Motion: 1. Approve the project as outlined in Staff Report dated December 2, 1991, 2. Appropriate $170,000.00 from the Unobligated Measure "A" Funds to the El Paseo Median Improvement Account; 3. Authorize staff to advertise and call for bids for Contract No. 00-589 for the median reconstruction. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-590, Landscape Maintenance of El Paseo Street Medians. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 00-590. P. REOUEST FOR AUTHORIZATION to Refund Art -In -Lieu Fee for Artwork Placed at 73-345 Highway 111, The Southwest Plaza. Rec: By Minute Motion, approve the request and authorize staff to refund the fee paid in the amount of $6,396.94. Q. REOUEST FOR APPROVAL of Amendment No. 1 to Contract No. 00-570 for Golf Cart Transportation Study. Rec: By Minute Motion: 1. Approve Change Order No. 1 to Contract No, 00-570 to Robert Bein, William Frost & Associates, in an amount not to exceed $3,000.00 to incorporate the engineering study into the transportation plan; 2. Appropriate an additional $3,000 from the General Fund Unobligated Budget Reserve to the project budget. R. REOUEST FOR APPROVAL of Contribution to the Historical Society of Palm Desert. Rec: By Minute Motion, approve the request and authorize a contribution in the amount of $4,500 to the Historical Society of Palm Desert to assist in its efforts in the interior renovation of the El Paseo Fire Station. S. REOUEST FOR APPROVAL OF MEDIATION AGREEMENT NO. 00-591 WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS. Rec: By Minute Motion, approve Agreement No. 00-591 and authorize the Mayor to execute same. T. REOUEST FOR APPROVAL of Waste Management of the Desert Merger with Waste Management of California. Rec: By Minute Motion, approve the merger of Waste Management of the Desert with Waste Management of California. Upon motion by Snyder, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the City Council. 4 MIND ES REGULAR PALM DESFRT �iTY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 662 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.30 TO ARTICLE "V" OF TITLE 9 OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO TRESPASSING ON PRIVATE PROPERTY. Mr. Allen reviewed the staff report, noting there had been concerns regarding the problems of vagrants living at the shopping areas and non -shopper groups refusing to leave when ordered to do so. He said an ordinance was necessary because the California Penal Code prohibiting trespassing did not address this issue. He offered to answer any questions. Councilmember Benson asked whether this would protect buildings where homeless people sleep in areas such as behind stairs at the Fred Waring Building, and Mr. Allen responded that the ordinance would cover such situations. Councilman Wilson asked what happens to the people removed under this ordinance; are they taken to jail, do we pay a booking fee, are they taken to a homeless shelter? Mr. Allen stated he was not sure but thought they might be given a first-time warning to move on, and then if they presented a problem they would be booked. Councilman Snyder moved to waive further reading and pass Ordinance No. 662 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 663 - 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 SPEED ZONES ON MAGNESIA FALLS DRIVE BETWEEN PORTOLA AVENUE AND DEEP CANYON ROAD, EL PASEO WEST OF HIGHWAY 74, AND SAN PABLO. AVENUE BETWEEN SAN GORGONIO WAY AND COLLEGE OF THE DESERT. Mr. Folkers reviewed the staff report, noting that surveys had been done and information reviewed by the Technical Traffic Committee. Based on those discussions, staff recommended 35 mph speed zones on Magnesia Falls Drive between Portola Avenue and Deep Canyon Road, on El Paseo west of Highway 74, and on San Pablo Avenue between San Gorgonio Way and the College of the Desert driveway at the YMCA. Councilman Snyder moved to waive further reading and pass Ordinance No. 663 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. C. ORDINANCE NO. 664 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CATEGORY "J"TO CHAPTER 5.06 PERTAINING TO THE ESTABLISHMENT AND DEFINING OF BUSINESS LICENSE TAX CATEGORIES AS AN URGENCY ORDINANCE. Mr. Shillcock noted that this was no longer an urgency ordinance and that Council had received a copy of the revised ordinance. Mr. Allen reviewed the staff report, noting that staff had been directed to amend the Business License Ordinance to include a category for vendors of outdoor events and to establish a new rate for same. He said the ordinance would establish the new category and that the resolution would set the rate at $5.00 per day for each booth, space, stall, table, or similar device. He offered to answer any questions. Mayor Kelly questioned the word "table" in the resolution and asked how this would apply to someone who had a permit and wanted to use more than one table. Mr. Allen suggested deleting the word "table" from the resolution. Councilman Wilson asked if this would apply to veterans groups putting tables out in front of businesses, merchants (i.e. on El Paseo) putting displays out in front of their stores, and the newspaper boy selling papers in front of Vons. Mr. Allen responded that disabled veterans groups are exempt. Organizations such as the American Legion usually get non-profit permits, not business licenses. Mr. Diaz added that it was his understanding that newspaper racks and the newspaper boys would come under the First Amendment. Mr. Erwin agreed and added that the intent of the ordinance as he read it was spelled out in the last portion of the ordinance as follows "...inconjunction with outdoor events 6 MINUTES REGULAR PALM DESEk r- CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * or outdoor sales." Therefore, this would not apply to newspaper boys and veterans groups. Mr. Diaz stated that one -day special events, such as an outdoor display on El Paseo, were permitted under the old ordinance as a special permit from the Community Development Department with payment of a $10.00 fee, and it was still in effect. Councilmember Benson moved to: 1) Waive further reading and pass Ordinance No. 664 to second reading; 2) waive further reading and adopt Resolution No. 91-134,amended to delete the word "table". Motion was seconded by Snyder and carried by unanimous vote of the Council. NOTE: Mayor Kelly welcomed Palm Desert Boy Scout Troop 168 and leader Gary Homec to the Council meeting and said the scouts were attending the meeting as part of the requirements for their Citizenship Badge. For Adootion: A. ORDINANCE NO. 661 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 538, TERMINATING DEVELOPMENT AGREEMENT 88-1, RELATING TO THE CONSTRUCTION OF LOW-INCOME SENIOR HOUSING ON THE NORTH SIDE OF CATALINA WAY, WEST OF THE JOSLYN COVE SENIOR CENTER. CASE NOS. DA 88-1. PP/CUP 89-18. Mr. Shillcock stated this ordinance was before Council at its November 14,1991, meeting. He said the developer had requested 30 days to try to work out some financing arrangements and was advised there would be approximately 30 days between first and second reading of this ordinance. Senior Planner Phil Drell stated that staff was not aware of any changes since first reading and that as far as he knew there were no new developments between the parties involved. He recommended adoption of the ordinance. Councilman Wilson moved to waived further reading and adopt Ordinance No. 661. Motion was seconded by Benson and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. PRESENTATION BY LESTER D. CLEVELAND ON CVAG'S CURRENT ACTIVITIES. MR. LESTER CLEVELAND, Coachella Valley Association of Governments, 73-710 Fred Waring Drive, addressed Council and reviewed a report prepared by his office (on file and of record in the City Clerk's Office). On behalf of the entire City Council, Mayor Kelly thanked Mr. Cleveland for taking the time to attend the meeting and speak to the Council. B. REOUEST FOR AUTHORIZATION TO EXTEND EMPLOYMENT OF TEMPORARY PLANS EXAMINER AND BUILDING INSPECTOR. Mr. Conlon reviewed the staff report, noting that staff expected a very busy second six months of this year. He noted that a $171,000 check was received this afternoon for the Mervyn's Department Store building permit. Upon question by Councilman Crites, Mr. Conlon responded that there currently one plans examiner and five building inspectors were on staff. Mayor Kelly expressed concern and stated that all reports showed Palm Desert down in building from last year and from three years ago. Mr. Conlon responded that the year- to-date building valuation was down but that the last four months construction activity had doubled. Councilmember Benson asked whether staff planned to make these temporary positions full-time ones in the next budget. Mr. Conlon responded that these positions would not be made permanent ones. Councilman Crites stated he was looking at this from the perspective that as the economy has changed and staff has remained as before, we consistently have an imbalance of workload between the various departments. He asked what kind of flexibility there would be in terms of placing these individuals in other areas where they can best be used to the City's benefit if things do not happen as projected by staff. Mr. Conlon responded that the plans examiner was a very narrow technical type of job description but that the building inspector could probably help the Public Works Department if needed. He said he could look into this matter and provide the Council with some options. 8 MINUTES REGULAR PALM DESFRT -1ITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * - * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to, by Minute Motion: 1) Extend employment of the temporary plans examiner and building inspector for three (3) months; 2) direct staff to look for ways of getting the best value for our money and provide a report to Council with some options before further approval of the remaining three months requested; 3) instruct the Finance Director to appropriate the necessary funds from the unobligated General Fund Reserves. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. REOUEST FOR APPROVAL OF PROPOSED SIGN PROGRAM FOR DSL SERVICE COMPANY CENTER AT FRED WARING DRIVE AND HIGHWAY 111. Associate Planner Steve Smith reviewed the staff report, noting that one of the conditions of approval for this project was that Council have final approval of the sign program. He showed the proposed signs, stating they would be reverse channel, halo lit letters, with white neon inside. He said colors approved by the Architectural Review Commission were green, blue, and white. He added that although the applicant had requested approval of two shades of blue, the Commission had directed that DSL was to choose only one shade, and either shade would be acceptable. He also showed the three proposed monument signs which he said were not reviewed by the Architectural Review Commission. Upon question by Councilmen Crites and Wilson, Mr. Smith responded that the maximum height of the center signs would be four feet. The monuments themselves would be eight and a half to nine feet, with the signs to be six feet, which was consistent with the City's ordinance. He noted Council would not be considering the monument signs at this time because the applicant would be taking them to the Architectural Review Commission for approval first. MR. WENDELL HINDLEY, DSL Service Company, 3501 Jamboree Road, Newport Beach, stated that although the City's Sign Ordinance allowed only three colors, he was requesting approval of an additional color. He said the two different colors of blue were for the Ross and Mervyn's stores. He noted that the Circuit City and BookStar signs were originally done in red but were changed because he knew the Council did not allow red. He added that all signs either met or were below City code in size. Councilman Crites asked what the green color was for. Mr. Hindley responded that green would be used for the satellite tenants and the other shops in the center. Councilman Wilson moved to, by Minute Motion, affirm the recommended sign program as approved by the Architectural Review Commission, with approval of the additional color as requested by the applicant. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Hindley addressed the Council and reviewed the progress of the site itself and plans for public art therein, including several pieces depicting Cahuilla Indians. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly commended him for the project and said it would be the first to do something representing he Cahuilla Indians. Councilman Wilson seconded the comment. Community Arts Manager Catherine Sass advised Council that the proposed public art had not yet gone through the approval process for art in lieu of fees. She added that application of the Cahuilla Indian imagery outside of traditional ceremonial ways was a very sensitive issue and said she would advise obtaining approval from the Cahuilla Indians Tribe. Mr. Hindley responded that it was his understanding that approval had already been received from the Cahuilla Indians. Chairman Kelly convened the Redevelopment Agency meeting at 5:30 p.m. for the purpose of considering New Business Item A as a joint matter with the City Council. Roll Call Present: Vice Chairman Jean M. Benson Member Buford A. Crites Member S. Roy Wilson Member Walter H. Snyder Chairman Richard S. Kelly Also Present: Carlos L. Ortega, ACM/Executive Director Paul W. Shillcock, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Agency Secretary Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Paul Gibson, City Treasurer/Finance Director David Millheim, Human Resources Director John Wohlmuth, Environmental Conservation Manager D. REOUEST FOR AUTHORIZATION TO PAY FOR CONSTRUCTION OF A COOK STREET BRIDGE AND APPROVAL OF A REIMBURSEMENT AGREEMENT (NO. 00-592) BETWEEN THE CITY AND THE AGENCY. Mr. Ortega reviewed the staff report, noting that both the City Council and the Redevelopment Agency Board needed to take action. He recommended approval of the resolutions and agreement and offered to answer any questions. 10 MINUTES REGULAR PALM DESERT —.ITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * — * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman/Member Snyder as to how soon this project would start, Mr. Folkers responded that if it were approved tonight, staff would begin immediately. He said the projected date for completion was May, 1993, and that staff would see what could be done to move it up. Councilman/Member Snyder moved to: 1) Waive further reading and adopt Resolution No. 91-135, approving payment by the Agency for the value of constructing a bridge at the Cook Street Crossing; 2) approve Reimbursement Agreement No. 00-592 between the City of Palm Desert and the Palm Desert Redevelopment Agency; 3) waive further reading and adopt Agency Resolution No. 252, approving payment by the Agency for the value of constructing a bridge at the Cook Street Crossing. Motion was seconded by Wilson and carried by unanimous vote of the Council/Agency Board. With Agency Board concurrence, Chairman Kelly adjourned the Redevelopment Agency meeting at 5:38 p.m. until completion of the City Council meeting. E. REOUEST FOR APPROVAL OF PRELIMINARY PROGRAM FOR A PALM DESERT SPRING FESTIVAL. Ms. Sass reviewed the staff report, noting that this event was scheduled for April, 1992, at which time the Civic Center Park would also be formally dedicated. She said staff was requesting approval of the program, which would allow staff to begin organizing the event. She offered to answer any questions. Upon question by Councilman Wilson, Ms. Sass explained the Seward Johnson lease program, noting that he would be bringing six to eight pieces of art, which were planned to be located throughout the community and the fair in areas where there is not currently public art. Councilman Wilson asked whether the pieces of art could be moved to other locations during the two month lease period or if they would have to remain where placed for that length of time. Ms. Sass responded that they could be moved around. Mayor Kelly stated he thought it sounded like a great program. He added that in the staff report was a request that a Councilmember be appointed as liaison to the Spring Festival Committee. Councilman Crites suggested that the Architectural Review Commission also approve this event, and Ms. Sass responded that Architectural Review Commissioner Daniel Barnes had just been appointed to the Committee. Councilmember Benson moved to, by Minute Motion, approve the preliminary program for a Spring Festival and' authorize staff to proceed with securing funding, volunteers, and performers. Motion was seconded by Crites and carried by unanimous vote of the Council. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to, by Minute Motion, appoint Councilman Crites and Mayor Kelly as Council liaisons to this Committee. Motion was seconded Wilson and carried by unanimous vote of the Council. F. INFORMATIONAL ITEMS: NOTE: These items were discussed at the 7:00 p.m. portion of the meeting following completion of public hearings. 1. Palmer CableVision Update. Mr. Ortega noted the memorandum in the packets relative to complaints received and resolution thereof by staff. 2. Update on Tri-Cities Sports Facility. Mr. Diaz reported that the last of the noise studies had been completed which included the projections of noise with Magnesia Falls extended through to Portola Avenue. He said the archaeological study had also been completed and that staff anticipated the EIR would be out for review in January, with the matter before Council some time in February. 3. Civic Center Park Amphitheater/Landscaping. Mr. Folkers showed some renderings of proposed landscaping and, if acceptable, that staff would proceed with working drawings. Councilman Wilson said he liked the concept but would feel uncomfortable approving it just as a concept. He said he would like to see the committee engage the services and expertise of a professional amphitheater designer to review it before we go ahead. Councilman Crites asked what the consultant's opinion was. Mr. Shillcock responded that he was still under contract with the City and that he had scoped the project from a very simple and concrete slab up through some very elaborate facilities using artificial rock structures. Prices ranged from low to very high. He said the steering committee chose a basic facility that had risers built into the front, with necessary ramping, etc. 12 REGULAR PALM DESERT ciTY COUNCIL MEETING — DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson suggested that this matter be referred to the consultant on board and ask that he look at the proposal and react to it as is it part of the scheme of things he would consider or is it out of place, etc. Councilman Crites added that he would also ask what would be the consultant's choice of a backdrop, if any, or what elements it should have. Council concurred. 4. Golf Cart Transportation Plan. Mayor Kelly reviewed the memo in the packets, noting that the study would be sent to Sacramento and that a Transportation Committee meeting would be held on January 6th at which time this study would be considered. Council would then be asked to appropriate funds to proceed. XI. CONTINUED BUSINESS A. REOUEST FOR APPROVAL OF DOWNEY SAVINGS AND LOAN (DSL) ACCESS FROM FRED WARING DRIVE. (Continued from the Meeting of October 24, 1991.) Councilman Crites stated that the developer had requested continuance of this matter. Mr. Folkers added that he understood the request was to continue it to the second meeting in January. Councilman Crites moved to continue this matter to the meeting of January 23, 1992. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REOUEST FOR APPROVAL of Contract with T.I. Maloney, Inc. for Engineering and Landscape Design Services for Ironwood Park (Contract No. 00-587). (Continued from the Meeting of November 14, 1991.) Mr. Wohlmuth stated that this matter had been continued from the last meeting at the request of Councilman Crites who asked that the recommended firm provide information about three parks it has designed with drought tolerant landscaping themes. He noted this information was included in the packets. Councilman Crites stated he had tried to go out and see what this firm had done and how it looked but could not find where anything had been done. He suggested that staff look at the two top firms and then go out and look at completed projects designed by those firms. He said he was concerned with selecting a firm that says it is sensitive to the environment, etc., but there is nothing to show that. Councilman Wilson asked whether the RFP indicated that firms must have experience in drought tolerant type parks. Mr. Wohlmuth responded that the RFP stated we wanted information about their experience in the design of parks and drought tolerant features, whether it is a frontage or other types of designs. He said the selection committee had 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * not gone out and looked at the parks but had just looked at the plans submitted with the bids. Councilman Crites moved to refer this matter to staff to go out and look at the completed design products that fit the things the City wants to do. Motion was seconded by Wilson. Councilman Wilson asked why no local firms bid on this project. Mr. Wohlmuth responded that 18 proposals had been received, ranging in price from $15,000to $40,000. He said the selection committee reviewed the proposals on the basis of expertise in park design, experience in drought tolerant landscaping, and competitive price. He said the top two candidates had done work in the Coachella Valley. One firm was The Planning Center, which had done Bighorn. The other was T.I. Maloney, which had done some parks in the Coachella Valley, although they were not drought tolerant (i.e. Panorama Park). Councilman Wilson stated he felt this needed to go back for review, and if it comes to down price, he would prefer spending a little more money and doing it right in order to have a showpiece. Mayor Kelly called for the vote. Motion carried by unanimous vote of the Council. C. REOUEST FOR CONSIDERATION OF ASSESSMENT DISTRICT NO. 91-1 (COOK STREET ASSESSMENT DISTRICT). (Continued from the Meeting of November 14, 1991.) Mr. Ortega stated a meeting had been held with the consultants and that staff was requesting a continuance in order to obtain additional information to bring to Council before action is taken. Councilman Crites moved to continue this matter for an indefinite period of time. Motion was seconded by Wilson and carried by unanimous vote of the Council. JGI. OLD BUSINESS A. CONSIDERATION OF A REPORT AND FINDINGS OF NOISE COMPLAINT BY LORI CARANGELO REGARDING CARILLON CHIMES FROM THE PALM DESERT COMMUNITY CHURCH. Mr. Allen reviewed the staff report and offered to answer any questions. MS. LORI CARANGELO, 72-670 Thrush, #1, reviewed points in her letter of December 9, 1991 (on file and of record in the City Clerk's Office). She said she felt the City's 14 MINUTES REGULAR PALM DESERT iITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * noise equipment did not measure pure tone readings and asked that the Palm Desert Community Church be asked to lower the chimes. MR. STEVE ROBBINS, 78-365 Via Caliente, La Quinta, spoke as the owner of an apartment unit at 72-657 Thrush and said he was also on the Board of Directors of Indian Creek and had served as President. He said during that time there was never one complaint directed to the Board. He said he felt the bells were a very enjoyable and historical part of Palm Desert. He said he supported the Church and its bells. MS. KATHRYN DEVINE spoke as President of the Board of Directors of Indian Creek Villas and said she had been on the Board for approximately 13 years off and on and had never heard a complaint. She said she lived on Somera and the Frontage Road and that everyone in the neighborhood loved the music. She concurred with Mr. Robbins that the enjoyment of so many people should not be sacrificed for the possible discomfort of a very few. MR. RONALD FREEBORN, 72-670 Thrush Road, said the two people who just spoke do not live in the area and could not comment on the bells as of this date. He said he was not asking that the bells be completely discontinued, just reduced a little in volume. Councilman Crites stated he had lived in Palm Desert for 16 years, all of them within a stone's throw of the Community Church. He said he had lived at Indian Creek Villas and now lived just above the Church. He complimented Mr. Allen for doing a good job and for going out and getting someone to do an independent analysis. He said it did not make any difference if it was a simple tone issue or not; the noise level of the bells was lower than the adjacent highway. He said he had talked to people walking on the street and that the sampling he did showed that no one was concerned about the noise. He added that if there was a violation in the future, the City should do something about it. Councilman Crites moved to, by Minute Motion: 1) Direct staff to prepare an amendment to the existing noise ordinance to include suggestions by Gordon Bricken & Associates; 2) accept the engineering report as conclusive evidence that the carillon chimes do not violate Chapter 9.24 of the Municipal Code. Motion was seconded by Councilman Wilson. Councilman Wilson stated the issue of church bells was an age-old problem and that he was not comfortable with government getting involved in the regulation of the level of church bells. Mayor Kelly called for the vote. Motion carried by unanimous vote of the Council. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE: This item was considered at the 7:00 p.m. portion of the meeting following completion of public hearings. B. LETTER FROM CITY OF EL MONTE SEEKING SUPPORT OF THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) AND CALLING UPON THE GOVERNOR AND THE STATE LEGISLATURE TO CONSIDER THE MATTER OF FUNDING TO THE STATE ABC. Mr. Allen reviewed the staff report, noting that cuts would result in each county having only one inspector. Businesses waiting for liquor licenses would probably have to wait a year instead of three months as it is now. Councilman Crites moved to direct staff to look into whether there are things we can do through the Sheriff's Department to accomplish some of the inspection functions we will be losing as a result of State budget cuts. Councilman Wilson said he felt passing a resolution in support would be like "spitting in the wind". He said Council should be more concerned with Sacramento turning to the cities for revenues and said he would rather see us not approve this because he did not think it would do any good. Instead, he agreed with Councilman Crites that staff should look into the possibility that we will face some serious problems as a result of this cutback and see what we can do to correct that. Councilman Snyder seconded the motion. Motion carried by unanimous vote of the Council. Councilman Crites asked that staff prepare a report by February relative to funding in this matter. C. REOUEST FOR CONSIDERATION OF CERTAIN RESOLUTIONS FOR INDIAN RIDGE CFD 91-1. Mr. Ortega reviewed the staff report, noting that it included recommendations for assessing detached residences differently than attached. He offered to answer any questions. Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 91-136, indicating the City's intention to establish a Community Facilities District and authorizing the levy of special taxes; 2) waive further reading and adopt Resolution No. 91-137, indicating the City's intention to incur bonded indebtedness of the proposed Community Facilities District Nol 91-1; 3) by Minute Motion, authorize the proposed budget of $100,000 for the purpose of obtaining consultants as outlined and authorized by Resolution Nol 91-116 to be paid for by Sunrise Desert Partners. Motion was seconded by Crites and carried by unanimous vote of the Council. 16 MINUTES REGULAR PALM DESERT z:ITY COUNCIL MEETING - DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. REPORTS AND REMARIGS A. CITY MANAGER 1. Mr. Shillcock introduced the City's new Director of Human Resources, David Millheim. 2. Fundine for Coordination of NPDES Program throueh CVAG Councilman Wilson moved to add this item to the Agenda by 4/5ths vote. Motion was seconded by Benson and carried by unanimous vote of the Council. Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Snyder moved to, by Minute Motion: 1) Authorize the City of Palm Desert as a co-permittee with the County of Riverside to participate with CVAG in the NPDES Stormwater Permit Program; 2) appropriate an amount not to exceed $10,000.00from the unobligated general fund reserve as the City's required financial share as a participant in the CVAG coordinated program. Motion was seconded by Crites and carried by unanimous vote of the Council. 3. Letter from City of Rancho Mirage Relative to "Living for Your 90's" Community Role Model Awards. Councilmember Benson stated that a letter had been received from Rancho Mirage Councilmember Lee Karr and herself who are co-chairing this program. She reviewed the letter (on file and of record in the City Clerk's Office) and said the request was that the City either sponsor a table at the awards luncheon at a cost of approximately $250.00 or pay for an award. She said the criteria for the award was that the nominee be someone over the age of 80 who has contributed to the community and is still active and could serve as a role model to people who feel there is nothing to do. She asked Council submit names of people they feel qualify for this award. She added that Palm Desert's nominee needed to be selected by January 1st because a film would be done on all of the recipients. Councilman Crites moved to add this item to the Agenda for consideration. Motion was seconded by Benson and carried by unanimous vote of the Council. Councilmember Benson added that the awards luncheon would be held on February 21. She asked that Council approve payment for a table in the amount of approximately $250.00and designate a committee to select the City's nominee. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, approve the City's payment for a table for this event in the amount of $250.00 and asked that Mayor Kelly, Councilmember Benson, and City Clerk Sheila Gilligan meet to select the City's nominee. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), pending litigation, (Levald v. Palm Desert, Big Horn Research Institute v. Palm Desert, County of Riverside v. City and Redevelopment Agency), and (b), and 54956.8, Property Acquisition. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None o City Council Committee Reports: 1. Budget Items Mayor Kelly stated there were several items from the last budget session that had not been resolved yet - car allowances and looking at the cities used to compare wages. He said he had discussed this with the City Manager who assured him that there were people working on these issues and that Council would have information regarding both before the upcoming budget. 2. SCAG Redefinition Task Force Mayor Kelly reported that at the last meeting of this task force a recommendation was passed that the organization would have a representative from every area with a population of 200 - 250 population, which meant the Coachella Valley would have a permanent representative on SCAG. He said this only had one item to be worked out and that it would go to the general membership in January for ratification. He added that he was proud of this because it was his recommendation in order to get the Valley representation on this organization. 18 REGULAR PALM DESERT z-,iTY COUNCIL MEETING - DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Bus Crash Mayor Kelly stated that an exercise was being planned for a mock bus crash on Highway 74. Agencies involved would be the California Highway Patrol, Sheriff Department, Fire Department, County Disaster, Eisenhower Medical Center, Desert Hospital, JFK Hospital, etc. He said everyone was very enthusiastic about the drill and added that they were looking for potential victims. 4. Councilmember Benson stated that she was sure everyone had read in the newspapers about the CVB's request to cover the shortfall of $150,000 that will be in this year's budget due to the slow down in the tourism industry in the Valley. She assured Council that this had not been voted on yet and was a recommendation from the Executive Committee of the JPA, of which she was a member. She said City Managers would be looking at the budget to see what can be cut out of something that is non -service to see if the amount can be reduced. She said the $150,000 just keeps it at the level originally approved and was not any increase in anything. She said it would come back with the proper recommendations from TAC before being presented to Council. X1V. ORAL COMMUNICATIONS - B MS. GAIL SAUTER, 46-225 Verba Santa, addressed Council and asked for help in opposing what a group of Palm Desert citizens and others view as a threat to the community - the Eagle Mountain Landfill proposed plan. She said that currently the Environmental Impact Report (EIR) did not provide sufficient information to ensure the public safety, health, and welfare and to show that it would not impact both the water and air quality in a negative fashion. She said the San Gabriel Valley area Sierra Club, along with four other community citizen groups, were concerned about the project, and she asked for Council's help in opposing it under the current conditions. Mayor Kelly responded that the Council had addressed this issue and had previously taken official action on the EIR. He asked Environmental Conservation Manager John Wohlmuth to meet with Ms. Sauter to explain the City's position. He added that the City had some serious concerns and had asked that the EIR be done over and that those concerns be addressed. Councilman Crites added that the City had chosen to do this instead of a blanket opposition. Mayor Kelly adjourned the meeting at 6:15 pm. for dinner. He reconvened the meeting at 7:10 p. m. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION See specific items for Council action. XVI. ORAL COMMUNICATIONS - C MRS. RUTH GEIBERSON, 44-875 San Antonio Circle, addressed Council and expressed her confusion as to what happened at the Planning Commission meeting of December 3, 1991. Mayor Kelly responded that no final action had been taken yet and that the matter would come back to Council. Mrs. Geiberson was asked to meet with Planning staff for an explanation of the Planning Commission action. She presented the City Clerk with copies of the following: Notice of public hearing before the Planning Commission at its meeting of September 17, 1991, relative to Felidae, Inc.; Posted Agenda of the Palm Desert Parking Authority Meeting of November 14, 1991; Agenda for Planning Commission Meetings of November 5 and December 3, 1991. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO LINDA MOORE. Mayor Kelly noted that Ms. Moore had worked with City staff for the last year and a half on the seat belt program and the Drought Tolerant Landscape Symposium and had also represented the Environmental Conservation Department at times. He presented her with a plaque from the Council in appreciation of her efforts on the City's behalf. B. PRESENTATION OF PLAQUES OF APPRECIATION TO ART -IN -PUBLIC -PLACES SUBCOMMITTEE MEMBERS. Mayor Kelly presented plaques of appreciation to Art -In -Public -Places Subcommittee Members Dianne Funk, Wayne Connor, Alvin Mark, Frank Urrutia, Carolyn Miller, and Council Liaison Buford Crites. He also thanked Ms. Sass for her work on this committee. C. PROCLAMATION IN APPRECIATION OF THE VALLEY PARTNERSHIP. No one was present to receive this proclamation, and Mayor Kelly noted it would be placed on a future Agenda for presentation. 20 MINUTES REGULAR PALM DESERT UTY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. PROCLAMATION DECLARING DECEMBER 15, 1991, AS BILL OF RIGHTS DAY. Mayor Kelly read the proclamation and presented it to a representative of the Daughters of the American Revolution. E. PROCLAMATION DECLARING DECEMBER 15, 1991, AS BILL OF RIGHTS DAY FOR THE NATIONAL SOCIETY COLONIAL DAMES XVII CENTURY. Mayor Kelly read the proclamation and presented it to a representative of the National Society Colonial Dames XVII Century. F. APPOINTMENTS TO THE PALM DESERT CIVIC ARTS COMMITTEE TO FILL VACANCIES CREATED BY EXPIRATION OF THE TERM OF JANET BRODY AND PAULA KROONEN AND TO FILL THE VACANCY CREATED BY THE RESIGNATION OF ROBERT SPIEGEL. Councilman Snyder moved to, by Minute Motion: 1) Reappoint Paula Kroonen and Janet Brody to the Civic Arts Committee; 2) appoint Diane Morgan to fill the vacancy created by the resignation of Robert Spiegel as a result of his appointment to the Planning Commission. Councilman Crites noted that when the subcommittee on appointments reviewed vacancies in October and made the recommendation for reappointment of Paula Kroonen and Janet Brody, Committee Member Robert Spiegel had not yet resigned. He said the subcommittee had not had a chance to look at the appointment of a member to fill the vacancy created by the resignation of Robert Spiegel. Councilman Snyder amended his motion to, by Minute Motion, reappoint Paula Kroonen and Janet Brody to the Civic Arts Committee and to refer the matter of the vacancy created by the resignation of Robert Spiegel to the subcommittee on appointments for review. Motion was seconded by Wilson and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF A PRECISE PLAN TO ALLOW CONSTRUCTION OF A 3,120 SQUARE FOOT AUTO SERVICE FACILITY ON THE SOUTH SIDE OF FRED WARING DRIVE, 680 FEET EAST OF HIGHWAY 111 (ECONO LUBE N' TUNE, APPLICANT). (Continued from the Meeting of November 14, 1991.) Mr. Shillcock noted that staff had recommended this matter be continued to the meeting of January 23, 1992. Mayor Kelly noted this was a continued public hearing and invited testimony in FAVOR of or OPPOSED to this request. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. LARRY BALL, Econo Lube N' Tune, 4911 Birch Street, Newport Beach, stated that on November 14 Council had asked the applicant to meet with representatives of DSL Service Company relative to its letter of concern regarding this project. A meeting was held on November 20th and since that time he said he had been trying to meet with them again in order to get their final feelings on the project and had been assured Mr. Hindley would be at this meeting. He asked what Council wanted him to do now. He added that Council had also directed that poles be placed on the property showing the location of the buildings and that he had sent a letter to the property manager and had not yet received a reply. Mayor Kelly stated he had assumed, Econo Lube N' Tune had a lease on the property. Mr. Ball responded that the property was currently owned by Pizza Hut but that they were going through the proper channels as required by the CC&R's. Councilman Wilson stated he would like to see a letter from DSL indicating its opinion regarding the November 20th meeting. Councilman Wilson moved to continue this matter to the meeting of January 23, 1992. Motion was seconded by Crites. Councilman Snyder noted that staff had requested continuance to a date uncertain. Mr. Erwin stated that doing so would require that the matter be taken off the Agenda, readvertised, and renoticed. Mayor Kelly called for the vote. Motion carried by unanimous vote of the Council. B. REOUEST FOR CONSIDERATION OF THE ADOPTION OF THE MASTER DRAINAGE PLAN DATED JUNE, 1991, AND SETTING FEES FOR DRAINAGE FACILITIES IN ACCORDANCE WITH THE MASTER DRAINAGE PLAN (Continued from the Meetings of July 11, August 22, and November 14, 1991). Mr. Shillcock noted that staff's recommendation was to continue this matter to the meeting of January 23, 1992. Mayor Kelly noted that the public hearing was still open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. Councilman Wilson moved to continue this matter to the meeting of January 23, 1992. Motion was seconded by Snyder and carried by unanimous vote of the Council. 72 MINUTES REGULAR PALM DESFRT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REOUEST FOR FINAL APPROVAL OF ANNEXATION NO. 28, INCLUDING AVONDALE COUNTRY CLUB, PALM VALLEY COUNTRY CLUB, REGENCY PALMS, REGENCY ESTATES, THE VACANT 118 ACRES AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND OASIS CLUB DRIVE, THE PALM DESERT BUSINESS PARK, AND THE VACANT PROPERTY AT THE NORTHWEST CORNER OF COUNTRY CLUB DRIVE AND WASHINGTON STREET. Mr. Shillcock recommended that the hearing be opened to determine if there were any protests. Mayor Kelly 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. Councilman Crites moved to waive further reading and adopt Resolution No. 91-138, completing Annexation No. 28. Motion was seconded by Snyder and carried by unanimous vote of the Council. D. CONSIDERATION OF AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST BY THE COLLEGE OF THE DESERT ALUMNI ASSOCIATION FOR APPROVAL OF A CONDITIONAL USE PERMIT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO ALLOWING CONTINUED OPERATION OF THE C.O.D. STREET FAIR BETWEEN 8:00 A.M. AND 2:00 P.M. ON SATURDAYS AND SUNDAYS ON A YEAR-ROUND BASIS AND ADDITIONAL DAYS AROUND CERTAIN HOLIDAYS. Mr. Shillcock stated that staff's recommendation was to open the public hearing, listen to any comments from the audience, and take appropriate action. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MRS. JULIE BORNSTEIN, President of the Board of Trustees of College of the Desert, requested that the Council continue this matter to the meeting of January 9, 1992. She said staff's report had been received earlier this week and that there were several conditions that needed to be discussed with there staff and the Board. In addition, she said they hoped to meet with members of the community to discuss concerns and that tentative meeting dates had been set. She offered to answer any questions. No further testimony was offered. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson moved to continue this matter to the meeting of January 9, 1992. Motion was seconded by Snyder and carried by a 3-0-2 vote, with Councilmen Crites and Wilson ABSTAINING. NOTE: At this point in the meeting, the Council continued with items not discussed during the 4:00 p.m. portion of the meeting. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Wilson, second by Crites, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 8:45 p.m. to Closed Session as stated by the City Attorney. He reconvened the meeting at 9:45 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GIL I IGAN, CI CITY OF PALM DESERT t CLERK ALIFORNIA RICH S. KELLY,`'MAYOR 24