HomeMy WebLinkAbout1991-01-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 24, 1991
CIVIC CENTER COUNCIL CHAMBER
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I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites
III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Buford A. Crites
Mayor Pro-Tempore Richard S. Kelly
Councilman S. Roy Wilson (Arrived at 7:00 p.m.)
Mayor Walter H. Snyder
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Carlos L. Ortega, ACM/RDA Executive Director
Paul Shillcock, ACM/Director of Economic Development
Richard S. Folkers, Director of Public Works/ACM
Ramon A. Diaz, ACM/Director of Community Development/Planning
Pat Conlon, Director of Building & Safety
Frank Allen, Director of Code Compliance
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 10, 1991.
Rec: Approve as presented.
MINUTES
REGULAR CITY COUNCIL MEETING JANUARY 24,1991
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR
0104, 0115 and 1205.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Desert Food
Development Inc. for Caffee Milano Restorante, 73-375 Highway 111, Palm Desert.
Rec: Receive and refer to the Department of Community Development for
processing.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Daniel Mumeston and
Gary Kevorkian for New York Pizza, 72-840 Highway 111, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Lakes Golf, Inc.
for Palm Lakes Golf Course, 74-945 Sheryl Drive, Palm Desert.
Rec: Receive and refer to the Department of Community Development for
processing.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Trader Joe's Company
for Trader Joe's, SEC Town Center Way and Fred Waring Drive, Palm Desert.
Rec: Receive and refer to the Department of Community Development for
processing.
G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by XECAFE, Inc. for Cafe
De Mexico, 73-325 Highway 111,Palm Desert.
Rec: Receive and file.
H. REOUEST FOR APPROVAL of Plan Check Extension for Butler & Associates.
Rec: By Minute Motion, approve the request for a 180-day plan check extension
for J. E. Butler and Associates for the Pepperwood Apartments located at 74-
410 Hovley Lane. Precise Plan No. 87-37.
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REGULAR CITY COU1 L MEETING JANUARY 24,1991
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I. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-439, Hovley
Lane Street Construction.
Rec: By Minute Motion, approve Change Order No. 1 to Contract No. 00-439 in the
amount of $14,556.40.
J. REOUEST FOR AWARD OF CONTRACT NO. 00-486 for Landscape Maintenance
on El Paseo Medians from Highway 74 to Portola Avenue.
Rec: By Minute Motion, award Contract No. 00-486 to Environmental Care, Inc. in
the amount of $30,540 ($2,545 per month).
K. REOUEST FOR APPROVAL of Lot Line Adjustment Grant Deed for Tract No. 24591.
Alacano Enterprises, Applicant.
Rec: By Minute Motion, authorize the Mayor to execute a Grant Deed providing for
the conveyance of property associated with lot line adjustment PMW 90-14.
L. REOUEST FOR APPROVAL of Country Club Drive/Suncrest Mobile Home Park
Intersection Improvement Plan.
Rec: By Minute Motion: 1) Approve the proposed interim intersection improvement
plan; 2) Authorize staff to proceed with implementation of the approved plan.
Upon motion by Kelly, second by Crites, all items on the Consent Calendar, except Item "L",
were approved as presented by unanimous vote of the Councilmembers present.
VI. ORAL COMMUNICATIONS - A
MR. BILL THOMPSON, 45-385 Taos Cove, Indian Wells, addressed Council with concern
about the surface water drainage from Candlewood that was threatening the Cove at Indian
Wells, the homeowners association of which he is president. Mayor Snyder advised that staff
would look into the matter, and Mr. Altman said a report would appear on the February 14,
1991, City Council Agenda.
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REGULAR CITY COUNCIL MEETING JANUARY 24,1991
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VII. RESOLUTIONS
A. RESOLUTION NO. 91-09 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CONTIGUOUS
TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE
CORTESE/KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985,
WHICH PROCEEDINGS ARE DESIGNATED AS PALM DESERT ANNEXATION
NO. 27. LAFCO NO. 90-95-4 - SUNRISE COMPANY.
Mr. Altman noted that Mr. Diaz had advised him that this annexation had been approved
by LAFCo, and he recommended adoption of the resolution.
Upon motion by Crites, second by Kelly, Resolution No. 91-09 was adopted by unanimous vote
of the Councilmembers present.
VIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 628 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR
PROJECT AREA NO. 1, AS AMENDED, OF THE CITY OF PALM DESERT
REDEVELOPMENT AGENCY. (AMENDMENT NO. 6)
Mr. Altman stated that no changes had been made since introduction of this ordinance,
and he recommended its adoption.
Upon motion by Kelly, second by Benson, Ordinance No. 628 was adopted by unanimous vote
of the Councilmembers present.
B. ORDINANCE NO. 629 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN
AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR
PROJECT AREA NO. 1, AS AMENDED, OF THE CITY OF PALM DESERT
REDEVELOPMENT AGENCY. (AMENDMENT NO. 7)
Mr. Altman recommended adoption of the ordinance, noting that no changes had been
made since its introduction.
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REGULAR CITY COUI L MEETING JANUARY 24,1991
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Upon motion by Crites, second by Kelly, Ordinance No. 629 was adopted by unanimous vote
of the Councilmembers present.
IX. CONSENT ITEMS HELD OVER
L. REOUEST FOR APPROVAL of Country Club Drive/Suncrest Mobile Home Park
Intersection Improvement Plan.
Councilman Kelly stated that he had asked for this item to be removed because he felt
more explanation was needed before he could make a decision.
Councilman Crites agreed and expressed concern that this particular mobilehome park
was actually located in the County of Riverside, not the City of Palm Desert. He felt the
cost of the signal should be split between the County and the Suncrest Homeowners
Association and not be borne by citizens of Palm Desert.
Mr. Folkers responded that installation of a signal at this location would in fact affect
residents of Palm Desert, specifically San Tropez Villas. He said he had just received
information from the County that they would not proceed with any kind of signalization
until warrant studies had been done.
Upon question by Councilmember Benson regarding cost, Transportation Engineer Seyed
Safavian responded that no specific figures were available at this point in time; however,
the County had indicated it would share in the cost. Staff was requesting direction from
Council and would then proceed with obtaining cost figures.
Councilman Crites asked whether, by approving staffs recommendation, Council would
be committing the City to pay a portion of the signal. He also asked if San Tropez was
willing to pay a portion of the signal. Mr. Folkers responded that approval of staff's
recommendation would not commit the City to pay a portion of the signal and said this
was just an interim plan. Mr. Safavian added that staff had not discussed the
signalization fee with the San Tropez representatives.
Councilman Kelly said he felt if this was something that was not taken care of properly
when San Tropez was approved, the City should pay for correcting the problem, not the
residents. He asked if the City required San Tropez to put the median in the way it is
now.
Mr. Folkers responded that the median was proper for the development at that time.
Councilman Crites stated that the staff report indicated the Technical Traffic Committee
had been split on the matter of allowing U-turns at mid -block locations, and he asked
staff to explain.
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REGULAR CITY COUNCIL MEETING JANUARY 24,1991
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Mr. Safavian responded that the Committee unanimously approved the interim plan but
was split on allowing U-turns either at mid -block or at the Palm Desert Greens
intersection. The problem with having it at the Palm Desert Greens intersection was the
fact that it was so much further away from San Tropez.
Councilman Benson moved to, by Minute Motion: 1) Approve the proposed interim intersection
improvement plan; 2) Authorize staff to proceed with implementation of the approved plan.
Councilman Kelly seconded the motion, and it carried by unanimous vote of the Councilmembers
present.
Mr. Gerhard Befeld, owner of Suncrest Mobilehome Park, addressed Council and offered
to pay 1/2 of the improvements if the County failed to pay it.
X. NEW BUSINESS
A. CONSIDERATION OF PROJECT AREA COMMI'1'1'hE FOR PROJECT AREA NO.
3.
Mr. Ortega reviewed the report in the packets outlining staff's recommendation for
obtaining input from the property owners and residents in the project area.
Councilman Crites moved to waive further reading and adopt Resolution No. 91-1Q, declaring
that a Project Area Committee is not necessary for Project Area No. 3 and that the City Council
endorses the proposed Citizen Participation Program. Councilman Kelly seconded the motion and it
carried by unanimous vote of the Councilmembers present.
B. CONSIDERATION OF PROPOSAL FOR PALM DESERT PEOPLE MOVER.
This item was considered at the 7 p.m. portion of the meeting so that Councilman Wilson could
participate in the discussion.
Mr. Altman reviewed the staff report and offered to answer any questions.
Upon question by Councilman Wilson relative to possible future expansion and getting
federal help for a Valley wide system, Mr. Altman responded that part of the Urban
Mass Transit Administration (UMTA) program would be to see how it could be
expanded Valley wide.
Councilman Wilson asked that staff and the consultant touch bases with the Riverside
County Transportation Commission, which normally handles the UMTA funding for the
County, as well as the Palm Desert Chamber of Commerce Environmental Affairs
Committee, which was pushing for a Valley wide monorail system.
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Councilman Crites moved to, by Minute Motion, authorize the City Manager to negotiate
Agreement No. 00-501 with Goodman Corporation to put together an application to Urban Mass
Transit Administration (UMTA) for preliminary engineering for Phase I of the project.
Councilmember Benson seconded the motion, and it carried by unanimous vote.
C. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Ortega reviewed the staff report, noting that a letter had been received from
Steve Merritt of Palmer CableVision responding to the first phase audit results.
He said the letter had been submitted to the consultant for comment and that a
report would be prepared for the Council once those comments were received.
2. Update on Tri-Cities Sports Facility.
Mr. Altman stated that the Cities of Indian Wells and Rancho Mirage had adopted
the Memorandum of Understanding and that staff was now getting ready to get
things going.
Mr. Ortega reported that the Civic Center Steering Committee had considered the
Council directives from the last meeting and made several recommendations,
including keeping the ball diamonds in the same area as originally planned. With
regard to the date palms, he showed a recommended layout, noting that Council's
direction was to space the trees the same way they are in the date groves;he said
the Committee recommended inclusion of sufficient trees to make it look like a
grove, but it did not recommend an actual square grove. He stated that another
recommendation was that San Pablo not go through to Magnesia Falls Drive.
Mr. Folkers added that this plan would provide 300 parking spaces and
approximately 370 palm trees.
Councilman Crites expressed concern regarding the suggested layout of the date
trees and asked if the ballfields could be shifted to the left. He felt the idea was
to have a square block of trees, not to leave a fringe of palms like a country club.
He felt this plan negated the initial concept and made it not a viable concept.
Councilman Kelly said the plan was as he had envisioned it. He said the most
important thing to him was that this was a recreational area for the citizens of
Palm Desert, and moving the ballfields would disrupt the whole plan. He said he
felt this was a beautiful plan with parking right next to the ball diamonds. and he
did not agree that a date preserve had to be square. He felt the plan took care
of all the requirements.
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REGULAR CITY COUNCIL MEETING JANUARY 24,1991
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Mayor Snyder said that to move everything north would cost a lot of money and
would not make sense to him. He added that he really liked the plan.
Councilman Crites said that for the last two years the five acres in the lower
corner had been set aside for a date preserve. The purpose of having it in a
square was to make it a living replica of an actual date grove, and he felt this was
a policy decision that was made two years ago.
Mayor Snyder agreed that the date grove had been discussed in the past, but at
that time there were no discussions about having ball diamonds here also. He said
it was decided this was the best place for ballfields, and the Committee had to find
a way to include them. He suggested moving the date grove and said the City had
a lot of property in the north sphere.
Mr. Altman added that the idea was to keep all the recreational facilities together
and that the YMCA would be supervising those activities.
Councilmember Benson agreed that the recreational facilities should be kept
together but also felt the date grove needed to be kept on the Civic Center site.
Councilman Kelly said he felt the date grove would enhance the entire area and
add pizzazz to the site.
Councilman Crites said he felt the date grove as recommended would do nothing
to mitigate the ballfields for the adjacent property owners.
Councilmember Benson suggested leaving the date trees as shown on the
renderings and perhaps some time in the future a place could be found for a real
date grove.
Councilman Crites agreed.
Councilman Kelly moved to approve the plan for the ballfields, tennis courts, etc. as presented
by staff and to direct staff to search for another location for the date palm preserve where it could be
laid out in accordance with Councilman Crites suggestions. Councilmember Benson seconded the
motion, and it carried by unanimous vote of the Councilmembers present.
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REGULAR CITY COUNT MEETING JANUARY 24,1991
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3. Cook Street and Interstate 10 Mello Roos Community Facilities District.
Mr. Folkers reviewed the staff report and asked for Council approval in concept.
Councilman Crites moved to approve the plan as submitted by staff and to direct staff to
proceed as outlined in the staff report. Mayor Snyder seconded the motion, and it carried by
unanimous vote of the Councilmembers present.
4. Library Report and Recommendation.
Mr. Altman noted that staff was not requesting formal Council action at this time.
Mr. Diaz introduced Regional Librarian Barbara Bowie, Acting Library Director
Judith Auth, Carol Schoen, member of the Riverside County Free Library
Advisory Committee, and Greg McDonald, in charge of construction and
development for the Riverside City and County Public Library System, and said
they were available to answer any questions about future servicing. He noted that
two staff reports had been included in the packets: 1) Future Library Services; 2)
Palm Springs Library Proposal. He said staffs recommendation was to continue
with the present contract with Riverside City and County Public Library and
remain part of the district. He reviewed the reports and offered to answer any
questions.
Councilman Crites asked if the City had already signed on to the County Library
System for the next year. He also asked where the Palm Springs Library proposal
was and noted he had only seen a one page letter in the packet listing library
options.
Mr. Diaz confirmed that Palm Desert had already signed on to the County Library
System. He said the Palm Springs proposal was not in writing and added that it
had also been made to Rancho Mirage.
Councilman Crites said Rancho Mirage had pulled out of the system, and he asked
when it would be known how much money it would get back. He said he did not
think the current library was good and was not sure the County was the best
provider of library services in the long run.
Mayor Snyder responded that this information would probably not be available
until the middle of the year.
Mr. Altman stated that staff was bringing Council up to date on what had been
done for the past few years. He added that a top notch architect was ready to
start drawings of the library the City wants.
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REGULAR CITY COUNCIL MEETING JANUARY 24,1991
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MS. JUDITH AUTH, Acting Director of the Riverside City and County Public
Library, commended Council on its goal of having a library that is state of the art
and also a community library for the future. She said the County library system
was willing to work with the City of Palm Desert to get the best library for its
citizens.
Mr. Diaz showed renderings of the proposed library designs recommended by the
Library Committee.
Council concurred with the staff report, and directed staff to proceed in the direction outlined.
No official action was required or taken.
5. Prototype Electric Vehicle.
Environmental Conservation Manager John Wohlmuth said he had received a call
from the Research Division of the South Coast Air Quality Management District
(SCAQMD) relative to the City's interest in working with them on an electric bus
for El Paseo. He said the matter would be before the SCAQMD Board this week
relative to purchase of the bus; if passed by the Board, they were looking for a
commitment from the City of Palm Desert to operate, maintain, and store the bus.
He added that $80,000 had been approved by the Council in the 1990/91 budget,
and he felt it could be done for less than $80,000 per year.
Upon question by Councilmember Benson regarding how this would fit in with
the bus system on El Paseo which had just been implemented, Mr. Wohlmuth
responded that the intent was to take pedestrian shoppers on and around El
Paseo, to the Palm Desert Town Center, and to the commercial district of Palm
Desert. He added that there were no plans at this time to go to any of the hotels
primarily because of the range of the bus (approximately 100 miles) and the all
day use.
Councilman Kelly added that the bus would have City of Palm Desert and South
Coast Air Quality Management District signage on it and would stay strictly in the
commercial areas of the City.
Councilman Crites moved to approve the City's participation in this project with South Coast
Air Quality Management District. Councilmember Benson seconded the motion, and it carried by
unanimous vote of the Councilmembers present.
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REGULAR CITY COUNC MEETING JANUARY 24,1991
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XI. CONTINUED BUSINESS
A. REOUEST FOR APPROVAL OF Warrant No. 1202 of the City of Palm Desert.
(Continued from the meeting of January 10, 1991.)
Councilmember Benson said that she was now satisfied with this particular item.
Upon motion by Benson, second by Crites, the item was approved as presented by unanimous
vote of the Councilmembers present.
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session in accordance with Government Code Section
54956.9 (a), (b), and (c), noting that the pending litigation was Levall vs. The City of
Palm Desert.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Gallerv/Restaurant Brochure
Councilman Kelly stated - that this item had come up after the agenda had been
posted and asked that it be added to the agenda.
Upon motion be Crites, second by Benson, and unanimous vote of the Council, the item was
added to the agenda for consideration.
Mr. Kelly reviewed the staff report, noting that the cost of the brochure would
be between $7,500 and $8,000. He said 35 galleries and/or restaurants had
contributed $100 each for a total of $3,500, and he requested that Council
approve payment of the difference.
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REGULAR CITY COUNCIL MEETING JANUARY 24,1991
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Mayor Snyder said he had no problem with payment but asked why the CVB
was not participating.
Councilmember Benson responded that this matter had not been brought to
the CVB. She added that in order for the CVB to participate, the brochure
would have to include other cities for people to visit, not just Palm Desert.
Upon question by Councilman Kelly, Mrs. Gilligan responded that the money
would be added to the Activities Promotion budget.
Councilman Crites said he felt if the City was paying half the cost of the
brochure, it should highlight the City's art program and show what types of
things are available in the City in the public art domain.
Councilman Kelly agreed.
Councilman Crites moved to, by Minute Motion, appropriate an amount not to exceed $4,500
to the Community Promotion Budget to participate in the production of a Gallery/Restaurant Brochure
with the condition that Dick Kelly and Sheila Gilligan work with the Public Art Coordinator to
highlight the City's public art in the brochure. Councilman Kelly seconded the motion, and it carried
by unanimous vote of the Councilmembers present. Councilman Crites asked that the matter be fully
discussed at budget time before including monies for another brochure next year.
2. PM-10 Micron Technical Workine Group
Councilman Crites stated that he, Councilman Wilson, and Environmental
Conservation Manager John Wohlmuth had represented the City of Palm
Desert at the first meeting of this group. He said they would be meeting again
at the end of February and would be setting up six or more test
demonstrations. He noted that Palm Desert had been complimented by the
Air Quality Management District as being the only jurisdiction in the Valley
to send in reports on what is being done within the City. He added that Dr.
Emily Nelson would chair this group for the next five years and that he would
be acting as the Vice Chair for a while.
o City Council Committee Reports:
XIV. ORAL COMMUNICATIONS - B
None
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REGULAR CITY COUN' MEETING JANUARY 24,1991
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Councilman Crites moved to adjourn to Closed Session at 5:55 p.m. for purposes as stated by
the City Attorney. Motion was seconded by Kelly and carried by unanimous vote of the
Councilmembers present.
Mayor Snyder reconvened the meeting at 7:00 p.m. and turned it over to the students of Palm
Desert Middle School who conducted a Candlelight Vigil in support of the U.S. troops in the
Persian Gulf.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
B. CONSIDERATION OF PROPOSAL FOR PALM DESERT PEOPLE MOVER.
This item was considered at the 7 p.m. portion of the meeting so that Councilman Wilson could
participate in the discussion.
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. REOUEST FOR REAPPOINTMENTS TO THE CIVIC ARTS COMMITTEE.
Councilman Crites moved to, by Minute Motion, reappoint Robert Spiegel, Dianne Funk, Evelyn
Bennett, and Janet Abrams to each serve three-year terms. Councilmember Benson seconded the
motion, and it carried by unanimous vote.
B. REOUEST FOR APPOINTMENTS TO THE NEWLY CREATED CITY TRAILS
COMMITTEE.
Councilman Crites moved to appoint Janet Abrams, Doug Simmons, Steve Sims, and Ron
Gregory to the newly created City Trails Committee and to ask that group to make recommendations
relative to other individuals who should be appointed. Councilman Wilson seconded the motion, and
it carried by unanimous vote.
XVIII. PUBLIC HEARINGS
None
XIX. ORAL COMMUNICATIONS - D
None
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REGULAR CITY COUNCIL MEETING JANUARY 24,1991
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XX. ADJOURNMENT
Upon motion be Crites, second by Wilson, and unanimous vote of the Council, Mayor Snyder
adjourned the meeting at 8:00 p.m.
Mayor Snyder reconvened the meeting at 8:45 p.m. and immediately adjourned with no action
announced from Closed Session.
ATTEST:
SHEILA R. GIL GAN, CIT)LERK
CITY OF PALM DESERT, IFORNIA
WALTER H. SNYDER, Mta6(76.--
A
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