Loading...
HomeMy WebLinkAbout1991-05-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 9, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Walter H. Snyder III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: 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 Richard S. Folkers, ACM/Director of Public Works Ramon A. Diaz, ACM/Director of Community Development/Planning Paul Gibson, Director of Finance/Treasurer Frank Allen, Director of Code Compliance John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 25, 1991. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 0402 0406, and 0408. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING May 09, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REOUEST FQR APPROVAL of Refund of Business License Penalty Fee for One - Eleven Properties, 73-386 Highway 111, Palm Desert. Rec: By Minute Motion, deny the request pursuant to Sections 5.04.210and 5.04.220 of the Municipal Code. D. REQUEST FOR RATIFICATION of City Manager's Approval of Change Order No. 2 to Contract No. 00-439, Hovley Lane Improvements. Rec: By Minute Motion, ratify the City Manager's approval. E. RESOLUTION NO. 91-53. - A Resolution Of The City Council Of The City Of Palm Desert, California, Approving An Amendment To The Contract Between The Board of Administration Of The Public Employees' Retirement System And The City Council. Rec: Waive further reading and adopt. F. APPEAL OF AN ORDER TO ABATE Property Located at 45-710 Shadow Mountain Drive, Palm Desert, for Noisy Birds. Rec: By Minute Motion, refer to staff for report and recommendation. G. REOUEST FOR APPROVAL of Contract No. 00-543 with Kicak & Associates for Engineering Services for the Proposed Annexation to Landscape and Lighting Assessment District No. 5 (Country Club Drive and Cook Street). Rec: By Minute Motion, approve Contract No. 00-543 and authorize the Mayor to execute same in the amount of $15,000. H. REOUEST FOR APPROVAL of Final Parcel Map 26540, Joe Kravich/Oliphant Design Concepts, Applicant. Rec: Waive further reading and adopt Resolution No. 91-54, approving Parcel Map 26540. I. REOUEST FOR APPROVAL of Contract No. 00-532 with ASL Consulting Engineers for Engineering Design Services for the Von's Shopping Center/Highway 111 Access. Rec: By Minute Motion, approve Contract No. 00-532 and authorize the Mayor to execute same in the amount of $15,250.00,plus a 10% contingency of $1,525.00. 2 ivQNUTES REGULAR PALM DESEI CITY COUNCIL MEETING May 09, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REOUF,,ST FOR AWARD OF CONTRACT No. 00-526 to Signal Maintenance, Inc. for the Installation of a Traffic Signal on Cook Street at Hovley Lane. Rec: By Minute Motion: 1) Authorize the Mayor to execute Contract No. 00-526 with Signal Maintenance, Inc. in the amount of $119,395.00, plus 10% contingency of $11,939.50 and a five -percent contingency of $5,969.75 for contract inspection services by the County of Riverside Transportation Department; 2) Authorize the appropriation of $12,304.25from the Unobligated Signal Fund Reserve. K. REOUEST FOR AWARD OF CONTRACT No. 00-528 to IPS Services, Inc., for the 1990-91 Slurry Seal Program. Rec: By Minute Motion, award Contract No. 00-528 to IPS Services, Inc. in the amount of $185,675.16,plus a 10% contingency in the amount of $18,567.52. L. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-451, Crack Sealing Program. Rec: By Minute Motion, approve Change Order No. 1 to Contract No. 00-451 in the amount of $62,000. Upon motion by Crites, second by Kelly, the Consent Calendar was approved as presented by unanimous vote. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction; None 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING May 09, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 63_Q - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE HEALTH AND SAFETY MUNICIPAL CODE PERTAINING TO MOBILE SOURCE AIR POLLUTION REDUCTION. Mr. Altman stated that no changes had been made since introduction of this ordinance, and he recommended its adoption. Upon motion by Wilson, second by Crites, Ordinance No. 639 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 640 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDIN ' ORDP?ANCE NO. 107, THE PALM DESERT ZONING MAP, BY APPROVIN:: A NEG.- "-'VE DECLARATION OF ENVIRONMENTAL IMPACT AND PREZONING THE IF1:OPERTY SOUTH OF COUNTRY CLUB DRIVE TO FRED WARING DRIVE AND WEST OF WASHINGTON STREET TO THE EXISTING CITY LIMIT FOR THE PURPOSE OF FACILITATING ANNEXATION OF THE AREAS TO THE CITY OF PALM DESERT, SAID AREA BEING SECTIONS 12, 13, AND THE EAST HALF (1/2) OF SECTION 14, T5S R6E. CASE NO. C/Z 91-1. Mr. Altman stated that no changes had been made to this ordinance since introduction, and he recommended that it be adopted. Upon motion by Kelly, second by Wilson, Ordinance No. 640 was adopted by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REOUEST FOR APPROVAL of Tree Lighting Outside The Rusty Pelican Restaurant. Mr. Diaz reviewed the staff report, noting that this was before the Council because of the unusual nature of the request in that the Rusty Pelican Restaurant wished to place lights on the trees outside the restaurant. He said staff was not sure whether or not this should be interpreted as a sign. He showed a sample of the proposed lighting to be used, noting that the lights would be white in color and would not be blinking. He adcA 4 MINUTES REGULAR PALM DESERT -.ITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * May 09, 1991 * * * * * * * * * * * that the Architectural Review Commission had recommended approval, and staff recommended affirm the Commission's decision. Upon question by Councilman Wilson, Mr. Diaz responded that staff felt the purpose of the lighting was to identify the area, similar to the purpose of the lights along El Paseo. Councilman Kelly said he thought the lights could be considered as part of the landscaping aesthetics, and he felt they would add class to the area. Councilman Crites commented that one person's aesthetics could be another person's perception of advertising. Councilmember Benson asked whether the lights would be on only during hours of operation and turned off during the night. Mr. Diaz said it was staffs recommendation that the lights be allowed to remain on during the night; however, if it was Council's wish, they could be limited to hours of operation only. Councilman Wilson moved to, by Minute Motion, uphold the decision of the Architectural Review Commission and approve the request. Councilman Kelly seconded the motion, and it carried by a 4-1 vote with Councilman Crites voting NO. B. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega stated he had no new report at this time. 2. Update on Tri-Cities Sports Facility. Mr. Diaz reported that staff (including himself, Mr. Folkers, Mr. Yrigoyen, and Lt. Janes) had met with representatives from Monterey Country Club Homeowners Association as well as a resident from the Vineyards area Monday evening to discuss Phase III of the Civic Center, which included the ballfields and corporation yard. The end result of the meeting was that concerns could not be addressed and the representatives from the Homeowners Association wished to have a full series of public hearings on the proposed plans. He said staff was prepared to proceed along those lines but noted that this would cause Phase III to be delayed for possibly three to four months pending the outcome of the hearing process. Upon question by Councilman Wilson, Mr. Diaz responded that it was staff s intent to begin the hearing process immediately. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING May 09, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Crites, Mr. Diaz responded that the representatives had indicated they wished the hearings to be before the City Council; however, staff recommended scheduling the hearings before the Planning Commission initially and possibly the Parks & Recreation Commission prior to City Council hearings. The representatives asked that the hearings not be held until October or November because residents would not be returning from the summer break until that time. He added that it was staffs intention to have some of the initial hearings in September. Upon question by Councilmember Benson, Mr. Diaz responded that the ballfields would not be ready until after the next baseball season; however, there was the possibility of having the soccer fields ready for the next soccer season in October or November of 1992. Upon question by Councilman Kelly, Mr. Diaz responded that concerns raised included traffic, noise, lowering of property values, and crime as well as the lighted ballfields. Staff was directed to proceed with scheduling the consideration of Phase III of the Civic Center Park for public hearings before the Planning Commission and the City Council. XI. CONTINUED BUSINESS A. REOUEST FOR APPROVAL OF CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT AND APPROVAL OF A PRECISE PLAN, CONDITIONAL USE PERMIT, CHANGE OF ZONE, AND TENTATIVE TRACT MAP FOR A 687-UNIT RESIDENTIAL DEVELOPMENT, 18-HOLE GOLF COURSE, AND A 225-SUITE HOTEL ON 420 ACRES LOCATED EAST OF PORTOLA AVENUE, NORTH OF FRANK SINATRA DRIVE. Senior Planner Phil Drell noted that everyone had received a copy of the expanded Mitigation Monitoring Program which addressed air quality/blowsand impacts, mitigation measures and monitoring associated with this project. He noted a correction to Item #7 on Page 6 and stated that the word "should" needed to be changed to "shall". He added that this report would be included as an exhibit to Resolution No. 91-52. He offered to answer any questions. Councilman Crites moved to waive further reading and adopt Resolution No. 91-52, approving PP/CUP 90-27 and TT 26562, subject to conditions and to waive further reading and adopt Ordinance No. 641, changing the zone of said property. Councilman Kelly seconded the motion, and it carried by unanimous vote of the Council. 6 MINUTES REGULAR PALM DESERT "ITY COUNCIL MEETING May 09, 1991 * * * * * * * * * * * * * * * * * * * * * * * x * * * * * * * * * * * XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Altman stated that a letter had been received from Riverside County Fire Department Battalion Chief Mike McConnell regarding a practice burn to be held on June 4, 1991. He said that the Fire Department would proceed with this practice burn unless there were any objections raised by Council. MR. MARVIN EAVES, Riverside County Fire Department, added that this property was located at the corner of Acacia Drive and Fred Waring Drive and was actually the property where Peggy Ames' project, previously approved by Council, would be developed. No objections were raised by the Council. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Sections 54956.9 (a) (Levald vs. Palm Desert - Indian Springs Mobile Home Park), (b), and (c). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites asked that staff prepare a report for the next meeting regarding the feasibility of undergrounding utilities from Fred Waring Drive behind the Town Center Apartments east to Monterey Avenue and south to Park View Drive. Upon question by Councilmember Benson regarding the Town Center Apartments and when the sidewalks and landscaping would be put in since it looked like the apartments were just about ready, Mr. Ortega responded that the Housing Authority had received bids and were requesting that the City participate in the financing. He said staff had asked that the Housing Authority provide information about the project costs, but the information had not yet been received. He assured Councilmember Benson that the sidewalks and landscaping would be put in. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING May 09, 1991 * * * * * * * * * * * * * * * * * * * * s * * * * * * * * * * * * * * * * 2. Councilman Wilson stated that several months ago we met with Palm ...prings Library relative to it providing Palm Desert with library services. Staff was asked to prepare a written report, and he asked whether it had been done. Mr. Diaz responded that a report had been prepared and distributed to Council but that it could be updated if Council wished. In response to Councilman Crites, Mr. Altman stated that the County had still not provided an accurate accounting of how much money it receives from Palm Desert. Mr. Diaz added that staff had attempted to contact the City of Rancho Mirage to get copies of their agreement to see how much money they are receiving and from what sources. He said Council would be given copies as soon it is received. Councilman Wilson stated that we need to look at the who._ situation to make sure that we could defend ourselves as elected officials if indeed Rancho Mirage is getting more money and will have better services than that which the County provides. o City Council Committee Reports: I. Councilmember Benson reported that she had attended the Desert Beautiful Awards Ceremony the previous evening and that Palm Desert had again received many awards for landscaping and buildings throughout the City. She said Environmental Conservation Manager John Wohlmuth had accepted the awards on behalf of the City. 2. Councilman Kelly reported on the recent SCAG meeting he had attended, noting that he was probably the only person from the Coachella Valley serving on the SCAG board. He felt it was important to keep someone from the Valley on this Board and said he was a: pointed to a committee for redistricting repr: ntation. XIV. ORAL COMMUNICATIONS - B MR. MARVIN EAVES, Riverside County Fire Department, stated that the Fire Department would be meeting with the Board of Supervisors on May 21st to discuss County -wide assessment for fire protection services. He noted that this would not affect any of the cities contracting for fire protection, but he felt Council should know this was being considered. He said the proposal was for single-family residences to pay $50.00 per year (average of $4.16 per month) for fire protection and that it would be included on the tax bills. He noted that he would be giving an informational packet to Mr. Altman on Friday. 8 MINUTES REGULAR PALM DESERT 'ITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * May 09, 1991 * * * * * * * * * * * * * Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Snyder adjourned to Closed Session pursuant to Government Code Section 54956.9 (a), (b), and (c) at 4:35 p.m. Mr. Erwin noted that specific litigation to be discussed was Levald vs. City of Palm Desert. Mayor Snyder reconvened the meeting at 5:45 p.m. and recessed for dinner. 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 MS. BARBARA CRESON, 43-270 Rutledge, and MS. JUNE OLEKSON, 43-455 Stony Hill, submitted a petition (attached hereto and made a part hereof as Exhibit "A") requesting that the City install a foot path bridge over the San Pascual flood channel from either Rutledge Avenue or Krug Avenue into the new Civic Center Park. Mayor Snyder stated that this matter would be referred to staff for a report and recommendation. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING THE WEEK OF MAY 5TH AS NATIONAL TOURISM WEEK IN THE CITY OF PALM DESERT. Mayor Snyder presented the proclamation to members of the Palm Desert Chamber of Commerce declaring the week of May 5, 1991, as National Tourism Week in the City of Palm Desert. B. PROCLAMATION DECLARING THE WEEK OF MAY 19TH AS NATIONAL PUBLIC WORKS WEEK IN THE CITY OF PALM DESERT. Mayor Snyder presented the proclamation to Public Works Director Richard Folkers declaring the week of May 19, 1991, as National Public Works Week in the City of Palm Desert. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING May 09, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF LOT ABATEMENT CHARGES FOR PARCEL NO. 625-243-004-2 (Continued from the Meeting of April 25, 1991.) Mr. Altman advised the City Council that the property owner had paid the nuisance abatement costs, and the public hearing was no longer necessary. Since this was a scheduled public hearing which had been left open at the meeting of April 25, 1991, Mayor Snyder closed the hearing. XIX. ORAL COMMUNICATIONS - D MR. ERWIN stated that a letter had been given Council during the afternoon portion of the meeti- ; from Dr. David George, President of liege of the Desert, regarding the Street Fair (attaned hereto and made a part hereof as E;.nibit "B"). He said it basically requested that the Council initiate an amendment to the zoning ordinance to allow for the filing of a conditional use permit which would potentially allow the continued operation of the Street Fair. He said if Council wished to take formal action at this time, it would require either a 4/5ths vote or, in view of abstentions by two of the Councilmembers, unanimous vote of the remainder of the Council. Councilmember Benson moved to place this item on the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote of the Council (Councilmen Crites and Wilson ABSTAINING). Mr. Erwin stated that the zoning ordinance amendment would allow an application to be filed with the City to let the Street Fair continue its operation. )uncilmember Benson moved to, by Minute Motion, direct staff to begin the process of amendir Section 25.38.030of the Municipal C _xde. Motion was seconded by Snyder. Councilman Kelly said he would much prefer that this be on the Agenda for the next Council meeting; however, in the interest of cooperation, he said he would vote yes. Mayor Snyder called for the vote. Motion carried by unanimous vote of the Council (Crites and Wilson ABSTAINING). 10 MINUTES REGULAR PALM DESERT "TTY COUNCIL MEETING May 09, 1991 *********** ************,_*********** XX. ADJOURNMENT Upon motion by Kelly, second by Crites, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 7:25 p.m. ATTEST: SHEILA R. L IGAN, CITY C ERI CITY OF PA DESERT, CALIFORNIA WALTER H. sSNYDER, MAYO* 11 22. 23. _l i�x-+ Ny�i-vim 24_ .7 74 —6 REGULAR PALM DESERT CITY COUNCIL MEETING May 09,1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k'XHIIBPT 'A` N THE FOLLOWING INDIVIDUALS WHO RESIDE IN THIS AREA, HAVE EXPRESSED A DESIRE yr TO HAVE A FOOT -PATH BRIDGE INSTALLED OVER THE SAN PASQUAL FLOOD CHANNEL FRUM EITHER RUTLEDGE AVENUE OR KRUG AVENUE INTU THE NEW CIVIC CENTER PARK: 2. 3. 5. b. 7. 8. 9. lu. 11. 12. 13. 14. 15. ib. 17. NAME: (ThSca, 18. k 19. ADDRESS: PHONE NO: 1.1 / 44 5/e rkt.11 7 if-r3rS 'Fb 7 % l 77 /f u%7Cde?C c- /'0 _ GC/sy ,eu-).'t 1072 16y i1 V:AS i - -- 7_y_"237 f2. cei 7y?i 2 A.,T :C.E y3"/� y � =Cyr_ .,Li.clL,ru;• [,'i_ u - �i-r.. Try .3-lti' L5t,'Tc.E _533u -3 -,PPs4' 2VD- 30,fr 3 490 7d /' 3y6-?Ze- 1/43be' v r_ _ 21 . . �Cv7 ��'° 3y/- 3-5 7 _ 3 ' - �, o 75 MINUTES REGULAR PALM DESERT 'ITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * May 09, 1991 * * * * * * * * * * * EXHIBIT "A" THE FOLLOWING INDIVIDUALS WHO RESIDE IN THIS AREA, HAVE EXPRESSED A DESIRE TO HAVE A FOOT -PATH BRIDGE INSTALLED OVER THE SAN PASQUAL FLOOD CHANNEL FROM EITHER RUILEDGE AVENUE OR KRUG AVENUE INTD_I -.NEY CIIUC CENTER PARK; NAME: 2. 3. 4. ADDRESS: - 5. ; `fir b. \\ ?Z - l r 7• _23:9109 K..(- -rfdv Eck. 14.4 x_ - ,, K 4 b. 5. 10. 11. 12. 13. 14. 15. lo. 17. 18. 19. 2U. 21. 22. 23. 24. 25. 1 F PHONE NO: (71 5 17� / filed 3 f3; 73-79e, v� 75 710 /el.-47 az 34b_a-74-(0 3 773 -G/Zz_, 7.3 - ; 77 `�/ti..Lt��.�ti - L/ • - r� 1 fat 737(-1 6,)C") - Y -$7y /'?Gsyo►J _ S"�'"_. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING May 09, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 26. T� 27 . EXFIIBIT '6' 1%)Kc:55 "ut(��G![.. i Q/' 28. ") -171M 30.! 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. CDaSd? 7W 2 14 Cr a4xtw�����-7 i 0 5 i, 51. . MINUTES REGULAR PALM DESERT TTY COUNCIL MEETING May 09, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 29 31 04:05 COLLEGE OF THE DSRTi619-34t�bw ' � Be ,�),: -• /, Colleg : Desert 43-500 Monterey Avenue _ ; ^ Palm Descry, California 92260 May 9, 1991 City Council, City of Palm Desert 75-510 Fred Waring Drive Palm Desert, CA 92260 Re: College of the Desert Street Fair Dear Council Members: P.E/E Much has been made of the activities on the College of the Desert campus over the past six to nine months. To potentially put the matter completely to rest, I would request the City Council initiate an appropriate amendment to the City's Zoning Ordinance, specifically Section 25.38.030, to permit the filing of a Conditional Use Permit which could allow the continued future operation of the College of the Desert Street Fair and its attendant financial assistance to the College of the Desert and their various programs. I understand that such an amendment would require a public hearing and any Conditional Use Permit applied for under such amended ordinance would also require a public hearing and perhaps that or in that process this issue will be finally put to rest. Your consideration and assistance in this regard would be appreciated. David George, President College of the Desert dl 15 Desert Community Colleve District • 5191346.8041