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HomeMy WebLinkAbout1991-03-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 28, 1991 CIVIC k.rty COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson III. INVOCATION - Mayor Pro-Tempore Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tempore Richard S. Kelly Councilman S. Roy Wilson 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 Gregg Holtz, Acting Director of Public Works Ramon A. Diaz, ACM/Director of Community Development/Planning Frank Allen, Director of Code Compliance John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 14, 1991. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Warrant Nos. WR0217, WR0302, and WR0316. Rec: Approve as presented. MINUTES REGULAR MEETING OF ' E PALM DESERT CITY COUNC MARCH 28, 1991 * * * * * * * * * * * 4 * * * * * * * * * * * * * * * * * * * * * * * * C. CLAIM NO. 164 AGAINST THE CITY by Yolanda Mijarez in the Amount of $850,000. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. D. CLAIM NO. 165 AGAINST THE CITY by Harris Dubrow, C.P.A., on Behalf of Embassy Suites, in the Amount of $28,914.00. Rec: Deny the Claim and Instruct the City Clerk to advise the Claimant that the City of Palm Desert's Transient Occupancy Tax (T.O.T.) is based on the room rate. E. REOUEST FOR REVIEW AND CONFIRMATION of the City of Palm Desert's Investment Policy. Rec: Waive further reading and adopt Resolution No. 91-33, reaffirming the City's Investment Policy. F. REOUEST FOR APPROVAL of Final Tract Map 25436, Starkey Company, Applicant. Rec: Waive further reading and adopt Resolution No. 91-22, approving Tract Map 25436. G. REOUEST FOR APPROVAL of Final Tract Map 26018, Westinghouse Desert Communities, Applicant. Rec: Waive further reading and adopt Resolution No. 91-4Q, approving Tract Map 26018. H. REOUEST FOR APPROVAL of Application for Office of Traffic Safety (OTS) Grant. Rec: By Minute Motion, concur with submitting an application for funding to the Office of Traffic Safety for eligible projects. I. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-526 for the Traffic Signal Installation at Cook Street and Hovley Lane. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 00-526 for the installation of a traffic signal at the subject location. 2 MINUTES REGULAR MEETING OF ' 3 PALM DESERT CITY COUNC MARCH 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * Ti * * * * * * * * * * * J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-527 for the Purchase of a Five -Gang Riding Reel Mower. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 00-527 for the purchase of said equipment. K. REOUEST FOR APPROVAL of Reimbursement to Mark A. Temple Construction, Inc. for Clean Up of the Cook Street Medians. Rec: By Minute Motion, authorize reimbursement to Mark A. Temple Construction, Inc. in the amount of $9,545.01. L. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Contract No. 00-528 for the 1990-91 Slurry Seal Program. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. 00-528, the 1990-91 Slurry Seal Program. M. REOUEST FOR EXTENSION OF CONTRACT NO. 00-413. with Environmental Care, Inc. for the Maintenance of the Highway 74 Medians from El Paseo to Homestead Road. Rec: By Minute Motion, approve the extension of Contract No. Q0-413 in the amount of $938.47 per month and authorize the Mayor to execute same. N. REOUEST FOR REFUND of Business License Penalty Fee for Instep Shoes. Rec: By Minute Motion, deny the request per Municipal Code Section 5.04.210 which states payments are due whether or not renewal was received. O. REOUEST FOR APPROVAL of Waiver of Special Events Permit Fee for Shelter from the Storm. Rec: By Minute Motion, approve the request and waive the $10 Special Events Permit fee. P. REOUEST FOR APPROVAL of Waiver of Permit Fees for the Living Desert Reserve. Rec: By Minute Motion, approve the request and waive the fees in the amount of $237.00 for Building Permits and $190.00 for Grading Permits. 3 MINUTES REGULAR MEETING OF ' 3 PALM DESERT CITY COUNC MARCH 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REQUEST FOR APPROVAL OF COLLEGE OF THE DESERT ROTATING SCULPTURE EXHIBIT PROGRAM. Rec: By Minute Motion, approve the College of the Desert rotating sculpture exhibit program and appropriate $5,000 to Account No. 236-4537-0000. Upon motion by Kelly, second by Benson, the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 622 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.68.310,25.68.390, AND 25.68.490 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO FREESTANDING SIGNS. Mr. Diaz explained that this ordinance was presented as a housekeeping item in that the wording of the ordinance needed to be clarified for the purposes of codification. Upon motion by Benson, second by Kelly, Ordinance No. 637 was passed to second reading by unanimous vote of the Councilmembers present. For Adontion: None IX. CONSENT ITEMS HELD OVER None 4 M I TTFS REGULAR MEETING OF ' 3 PALM DESERT CITY COUNC MARCH 28, 1991 * * * * * * * * * * * *- * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. REOUEST FOR APPROVAL OF ASSEMBLY BILL 3158 DE MINIMUM IMPACT FINDINGS AND CRITERIA FOR IMPLEMENTATION. Mr. Diaz reviewed the staff report and recommended Council's approval. Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 91-41, establishing a policy for the granting of a Certificate of Fee Exemption for AB 3158; 2) By Minute Motion, approve the criteria to be used for determining whether or not a "De Minimus Impact" finding should be granted. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Councilmembers present. B. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega stated that Council had received a report on the second phase of the Palmer audit; beyond that, there was nothing new to report. 2. Update on Tri-Cities Sports Facility - MUSCO Lighting Presentation. Mr. Jeff Rupp of David Evans Co. stated his firm was currently doing the design of Phase III of the Civic Center site which included four lighted ballfields, a snack bar, two soccer fields, restrooms, and a 300 car parking facility. He said emphasis was being given to the design of the ballfields to make sure that the lights would in no way affect adjoining properties. He said that the fields were being arranged to minimize light spillage and that his firm had spoken to lighting consultants as well as to other cities with lighted ballfields to determine the best method of illuminating the City's fields. He introduced a representative from MUSCO Lighting Co. who presented a video showing how the light spillage was minimized. He said they were proposing 24 poles, 60 to 80 feet high, with 122 fixtures. He concluded by stating that the lighting was a custom design, guaranteed to appear and function exactly the way it was shown in the video. Council directed staff to proceed with presenting the lighting plan to the residents of the area it will affect. 3. Portola Avenue Speed Limits. Mr. Holtz reviewed the staff report and recommended that the Council concur with the staff recommendation that the speed differential between Portola Avenue and Mesa View Drive be looked at as a part of an overall traffic survey currently 5 MINUTES REGULAR MEETING OF ' 3 PALM DESERT CITY COUNC MARCH 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * being conducted. He noted that the matter would come before the City Council after it is reviewed by the Technical Traffic Committee. Council concurred. 4. Library Update - Architect Presentation. This item was presented at 5:40 p.m. upon arrival of the architect. Architect Paul Zajfen of I.B.I.reviewed the renderings and plans for the proposed library. He said that he would proceed with defining the costs of the library but that he needed the City Council's initial approval at this time. The City Council gave its initial approval and directed staff and the architect to move forward with the project. XI. CONTINUED BUSINESS A. CONSIDERATION OF A REOUEST FROM SILVER SANDS HOMEOWNER, ASSOCIATION FOR A WATER RECLAMATION DISTRICT. (Continued from the Meeting of February 28, 1991.) Mr. Wohlmuth addressed the City Council and explained that while staff was most supportive of this project and the use of reclaimed water, research had shown that the only area the City could be involved was in the public right-of-way and that the City's bonding capability as a mechanism for funding the project was ineffective. He said staff encouraged the homeowner's association to pursue the idea through private funding or through the Coachella Valley Water District. MR. JIM GLEASON, addressed the City Council on behalf of the residents of Silver Sands. He thanked staff for its support and assistance and assured the City Council that they were going to move forward with discussions with Tom Levy, General Manager of the Water District. He said that it would save over an acre of water per day which would ultimately provide for the growth and development of the community and for the quality of life. He said the infrastructure would cost $200,000, and they would pursue funding opportunities through the Water District. He thanked the City and its staff for its assistance. Councilman Kelly moved to, by Minute Motion, concur with the staff report dated February 28, 1991, and to prepare a letter to the Coachella Valley Water District supporting the project. 6 MINUTES REGULAR MEETING OF " 3 PALM DESERT CITY COUNC MARCH 28, 1991 * * * * * * * * * * * 16-* * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF NAME FOR CAHUILLA HILLS PARK. Mr. Diaz reviewed the staff report noting that the Parks & Recreation Commission had recommended either Foothills Park and Homestead Park as a name for this recreational area. Councilman Kelly said that one of the images the City wanted to get away from was that of homesteads, and he moved to name the park the Foothills Park. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Councilmembers present. B. REOUEST FOR CONSIDERATION OF 1040 RESERVOIR SITE AT WESTINGHOUSE BIGHORN PROJECT. Mr. Diaz reviewed the staff report and recommendation. Councilman Kelly moved to, by Minute Motion, approve the reservoir site subject to it being relocated or having it proven that grading will not have an adverse aesthetic impact on hillside area. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Councilmembers present. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. REOUEST FOR APPROVAL OF APPROPRIATION TO PAY FILING FEES FOR ANNEXATION NO. 28. Upon motion by Kelly, second by Benson, the item was added to the agenda by unanimous vote of the Councilmembers present. Councilman Kelly moved to, by Minute Motion, appropriate $3,000 to Account No. 110-4111- 3640 from the Unobligated General Fund Balance. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Councilmembers present. 7 MINUTES REGULAR MEEFING OF ; ? PALM DESERT CITY COUNC MARCH 28, 1991 * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY C. Mr. Erwin asked for a Closed Session at an appropriate time in the agenda in accordance with Section 54956.9 (a) for the purpose of discussing litigation, specifically Levall vs. Palm Desert, Palm Desert Water & Services District vs. the C.V.W.D.,and Smith vs. Palm Desert - Haystack Channel, and in accordance with Government Code Section 54956.9(b), land acquisition in Section 4. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. REOUEST FROM THE STY OF LAKE ELSINORE for Support in Its Claim for Ownership of Lake Elsinore. Mayor Snyder advised that he had received a letter asking for this support. Staff was directed to come back with report and recommendation relative to Lake Elsinore's request for support of its position on taking over control of the lake area. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None XX. ADJOURNMENT Upon motion by Kelly, second by Benson, Mayor Snyder adjourned to Closed Session pursuant to Government Code Section 54956.8, Real Property Transactions, 54956.9(a) and (b), Pending and Potential Litigation at 4:50 p.m. He reconvened the meeting at 5:30 p.m. with no action announced. The architect's presentation on the library took place at this time. Mayor Snyder recessed the meeting at 6:00 p.m for the dinner break. He reconvened the meeting at 7:00 p.m. XV.COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None 8 MINUTES REGULAR MEETING OF Z 1 PALM DESERT CITY COUNC MARCH 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING THE MONTH OF APRIL, 1991, AS EARTHQUAKE PREPAREDNESS MONTH IN THE CITY OF PALM DESERT. Mayor Snyder read the proclamation and asked that staff deliver it to the City's Emergency Services Coordinator, Ken Weller. XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF LOT ABATEMENT CHARGES FOR PARCEL NO. 627-231-010-4. Mr. Allen reviewed the staff report and recommendation. Mayor Snyder declared the Public Hearing opened and invited testimony. None was offered. He declared the Public Hearing closed. Councilmember Benson moved to waive further reading and adopt Resolution No. 91-42, confirming assessments on property owners in said City for abatement of weeds and other nuisances. Councilman Kelly seconded the motion, and it carried by unanimous vote of the Councilmembers present. B. REOUEST FOR APPROVAL OF LOT ABATEMENT CHARGES FOR PARCEL NO. 628-081-008-7. Mr. Allen reviewed the staff report and recommendation. Mayor Snyder declared the Public Hearing opened and invited testimony. None was offered. He declared the Public Hearing closed. Councilman Kelly moved to waive further reading and adopt Resolution No. 91-4, confirming assessments on property owners in said City for abatement of weeds and other nuisances. Councilmember Benson seconded the motion, and it carried by unanimous vote of the Councilmembers present. XIX. ORAL COMMUNICATIONS - D None 9 MINUTES REGULAR MEETING OF ' E PALM DESERT CITY COUNC MARCH 28, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Upon motion by Kelly, second by Benson, and unanimous vote of the Councilmembers present, Mayor Snyder adjourned the meeting at 7: 10 p.m. to 8:00 a.m. on Monday, April 8, 1991.0 ATTEST: -� SHEILA R. GI IGAN ,,ITY CLERK CITY OF PALM DES T, CALIFORNIA WALTER H. SNYDER, MAYOO 10