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HomeMy WebLinkAbout1992-02-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tem Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Mayor Richard S. Kelly Also Present: Councilman S. Roy Wilson (arrived at 7:00 p.m.) Bruce A. Altman, City Manager 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 Carlos L. Ortega, ACM/Director of Redevelopment Paul W. Shillcock, ACM/Director of Economic Development Paul Gibson, City Treasurer/Director of Finance Pat Conlon, Director of Building & Safety Wayne Ramsey, Acting Director of Code Compliance David Millheim, Director of Human Resources Larry McAllister, General Services Director V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 23, 1992. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0103, WR0105, and WR0112. Rec: Approve as presented. C. SCHEDULE OF INVtSTMENTS as of November 30, 1991. Rec: Receive and file. D. STATEMENT OF CASH TRANSACTIONS dated November 30, 1991. Rec: Receive and file. E. MINUTES of the Civic Arts Committee Meetings of October 21, November 12, and December 9, 1991. Rec: Receive and file. F. CLAIM AGAINST THE CITY (#1841 by Gail Weisler in an Unspecified Amount. Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. G. CLAIM AGAINST THE CITY (#18551 by Anita Derleth for Indemnity (Related to Claim #149). Rec: Deny the Claim and instruct the City Clerk to so advise the Claimant. H. CLAIM AGAINST THE CITY (#1861 by Rand?11 R. Lamere in the Amount of $24 '.60. Rec: By Minute Motion: 1) Deny the Cl:. ,ecause the in: t occurrt the jurisdictional limits of the City o.. :n Desert; 2) 1 A the City cle: _o so notify the Claimant. I. REQUEST FOR REFUND of Prior Year Business License Fee(' (Stark Construction Company, Applicant). Rec: By Minute Motion, approve the refund of $40.00 (Liter, : i umber 016527) for fiscal year 1990-91, issued to Stark Construction Company. J. REOUEST FOR APPROVAL of Final Map for Tract 19847-3 (Marvin J. McConnell and Eileen L. McConnell, Applicants). Rec: Waive further reading and adopt Resolution No. 92-10, :::proving Tract 19847- 3 and the bonds and agreements relating thereto. 2 ., A.A. l li • REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * • * * * * * * * * * * * * , * * * * * * * * * * K. REQUEST FOR RELEASE of Subdivision Improvement Security for Tract Map 24539 (Triad Pacific Development Corporation, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to reduce the amount of the subdivision improvement securities to ten percent of their value as maintenance security for a one-year maintenance period. L. REOUEST FOR APPROVAL of Joint Use Agreement along Fred Waring Drive with the Southern California Edison Company (Contract No. 00-605). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with the Southern California Edison Company. M. RESOLUTION NO. 92-11 - 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 Public Works that have been Microfilmed. Rec: Waive further reading and adopt. N. REQUESTS FOR APPROVAL of Charitable Contribution Committee Recommendations Relative to the McCallum Theatre and the Coachella Valley Mountains Conservancy. Rec: By Minute Motion, approve the recommendations of the Outside Agency Contribution Committee for contributions to the McCallum Theatre of the Stars Project in the amount of $20,000 and for the Coachella Valley Mountains Conservancy in the amount of $5,000 and approve the additional appropriations in the amount of $25,000 to Account #110-4116-3215. O. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Curb, Gutter, and Cross Gutter Repairs (Contract No. 00-606). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. P. REQUEST FOR AWARD OF CONTRACT for Engineering Services for the Toro Peak Storm Drain Project (Contract No. 00-597). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with Sanborn -Webb, Inc. in the amount of $19,200.00,and authorize a ten percent contingency in the amount of $1, 920.00. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REQUIST FOR AWARD OF CONTRACT for Engineering 'ices for the San Luis Rey Avenue Storm Drain Project (Contract No. 00-596). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with BSI Consultants, Inc. in the amount of $19,310.00 and authorize a ten percent contingency in the amount of $1,931.00. R. REQUEST FOR UXTENSION of Highway 74 Landscape Maintenance Agreement (Contract No. 00-413). Rec: By Minute Motion, authorize a five -month extension for the subject contract with Environmental Care, Inc. in the amount of $4,917.35 ($938.47 per month). S. REOUEST FOR AWARD OF CONTRACT for the El Paseo Median Improvements (Contract No. 00-589). Rec: By Minute Motion, award a contract for the subject project to Matich Corporation in the amount of $118,289.00 and authorize a ten percent contingency in the amount of $11, 828.90. T. REOUEST FOR CONSIDERATION of People Mover Demonstration Program (Contract No. 00-621). Rec: By Minute Motion, authorize Barry Goodman to file an application on behalf of the City of Palm Desert for federal funding for People Mover Demonstration Program and authorize an expenditure in conjunction with this application in accordance with The Goodman Corporation's contract dated February 4, 1992. Upon motion by Snyder, second by Crites, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None 4 REGULAR PALM DESERT CITY. COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 667 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.24PERTAINING TO NOISE CONTROL. Mr. Altman stated that staffs recommendation was to table this ordinance at this time because additional work was being done on it. Upon motion by Snyder, second by Crites, Ordinance No. 667, was TABLED by unanimous vote of the Council. B. QRDINANCE NO. 668 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6 APPLICABLE TO ALL FINAL ADMINISTRATIVE DECISIONS OR ORDERS WHICH ARE SUBJECT TO REVIEW UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.5. Mr. Erwin noted the memorandum in the packets and stated that although the City currently had this procedure on the books, it was in resolution form and was enacted a long time ago. Putting it in ordinance form would make it easier to find and would also clarify the matter of final decisions when notice is to be given. Councilman Snyder moved to waive further reading and pass Ordinance No. 668 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. For Adoption; None IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. PETITIONS FROM LA ROCCA FOR DEANNEXATION. Mr. Diaz noted that Council had received copies of petitions filed by residents of LaRocca requesting deannexation from the City of Palm Desert and annexation into the City of Indian Wells. He said he believed petitions had also been filed with the City of Indian Wells requesting annexation into that city. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL METING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He said that staffs recommendation at this time was that if Council wished for this to proceed: 1) that the cost of such process and all applications shall be borne by the residents of LaRocca; 2) that no costs for this process or excessive amount of staff time be devoted to the procedure. He said his preference was that LaRocca remain in the City of Palm Desert; however, deannexation would not present any problems with boundaries, etc. Councilman Crites questioned the financial contribution of that piece of property to Palm Desert. Mr. Diaz responded that LaRocca was within the redevelopment project area to pay for the Palm Valley Storm Channel, so deannexation would not change the amount of property tax and increment that would come to the City of Palm Desert. He said he was unsure of the exact financial impact of the deannexation but that staff would come back at the next meeting with a report. MR. WALTER McINTYRE, 74-849 Chateau Circle, Palm Desert, spoke on behalf of the residents of LaRocca and presented a letter to the Council (on file and of record in the City Clerk's Office). He noted that the only way to get to this development was to go through Indian Wells on Cook Street. In addition, the Post Office had requested that they use the Indian Wells address for mailing purposes. He added that there were also problems in selling their homes because if people requested listings of property in Palm Desert, LaRocca would not be included. He noted there was a median on Cook Street from Highway 111 south that was planned to stop at the LaRocca development and then continue again on the other side of the development, and he worked with officials in both cities to get that median installed the entire length. Mr. McIntyre closed his remarks and stated that residents felt there were compelling reasons to begin the process of deannexation. Councilman Crites asked what potential changes or problems there would be with giving the City of Indian Wells the entire frontage on Cook Street and expressed concern that they might be able to gate off Cook Street. Mayor Kelly responded that this could be addressed in the staff report. Councilman Crites moved to, by Minute Motion, refer this matter to staff for report and recommendation. Motion was seconded by Benson and carried by unanimous vote of the Council. 6 REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * FEBRUARY 13, 1992 , * * * * * * * * * * * * B. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega reported that staff was continuing to keep track of Senate Bill 12 which would clarify some of the issues regarding regulation. a. Request for Council Direction Relative to Public Access Channel (Mayor Richard S. Kelly). Mayor Kelly stated that he had met with Steve Merritt of Palmer Cablevision to discuss a public access channel. He said Mr. Merritt was very interested and agreed to go ahead with some type of public access channel and studio at this time. Mayor Kelly suggested that a committee be formed with representation from the Senior Center, College of the Desert, Library, etc. to work with Palmer Cablevision to set up an public access station. He said he was bringing this to the attention of the Council because this will take a certain amount of staff time to put it together and get it off the ground. He asked for Council approval of the use of staff time and direction for him to proceed as outlined above. Councilman Crites moved to, by Minute Motion, approve the use of staff time in helping to set up a public access station and direct the Mayor to proceed in the direction as outlined. Motion was seconded by Benson and carried by unanimous vote of the Council. 2. Update on Tri-Cities Sports Facility. Mr. Diaz showed the draft Environmental Impact Report document and series of exhibits attached to it. He said the following would take place between now and start of construction: - Review period for the Environmental Impact Report will start February 14th and will go until March 15th; - Hearing on the project will be held before the Planning Commission; - Discussion before Council; - Design contract with working drawings; - Authorization to seek bids; - Begin construction, implementing all mitigation measures indicated in the report. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He publicly thanked Mr. Rudy Acosta of the Public Works Department for his assistance in getting information whenever it was needed. He added that construction was expected to begin in late April or early May. 3. Status of Date Palm Grove. Mr. Shillcock stated that since the last meeting he had met with the architect and individuals proposing to develop the date palm grove and presented all of staffs comments and recommendations. He said they were in the process of redoing the conceptual site plan, which should be before Council within the next several weeks. XL CONTINUED BUSINESS A. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR FURNISHINGS FOR THE CIVIC CENTER EXPANSION, CONTRACT NO. 00-603 (Continued from the Meeting of January 23, 1992). Mr. Altman stated that a new report and recommendation from the Civic Center Steering Committee had been distributed to Council. Councilman Crites stated he had just received the report earlier that day, had not had a chance to review it, and was not willing to vote on the matter at this time. Councilmember Benson reported that after the last City Council meeting, staff took the original request of $76,830and cut it down to $39,352. Then she and Councilman Snyder went through it and cut out additional items, bringing the request down to $34,705. She said what was being purchased was mostly shelves, office equipment, computer tables, etc., things the employees have needed but have been unable to purchase because of space limitations. Councilman Snyder stated that holding this matter until the next meeting would cause problems as far as timing because the new buildings are scheduled to be completed in April. Councilman Crites stated he still was not convinced of the need for all of the items being requested. Councilmember Benson stated that the majority of the furniture was for those offices that do not currently have anything to move to the new building. She added that she was convinced that what was left in the request was necessary. 8 REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * r * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids to furnish and install various furnishings for the City Hall expansion expected to be completed this spring, and appropriate $34,705 from the Unallocated Reserve to Capital Office Equipment, Account No. 110-4159-4040. Motion was seconded by Snyder. Mayor Kelly stated that on the basis of review of the requested furnishings by two Councilmembers, he would be voting in favor. Mayor Kelly called for the vote. Motion carried by a 3-1-1 vote, with Councilman Crites voting NO and Councilman Wilson ABSENT. B. REOUEST FOR APPROVAL of Amendment #4 to Cove Public Safety Commission Joint Powers Agreement, Contract No. 00-316-4 (Continued from the Meeting of January 23, 1992). Mr. Altman stated that this matter was continued from the last meeting and that additional language had been drafted by the City Attorney to mitigate Councilman Crites' concerns. He added that Council would have to amend the agreement and take it back to the Cove Commission and then to each city. Councilman Crites stated he felt this was an improvement to the way it was originally. Councilmember Benson moved to, by Minute Motion, authorize the Mayor to execute Amendment #4 to the Cove Public Safety Commission Joint Powers Agreement (Contract No. 00- 316-4), with language as indicated in the staff report added to the agreement regarding approval of programs. Motion was seconded by Snyder and carried by unanimous vote of the Council. XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF ORDINANCE REGULATING FOOD SALES FROM VENDING VEHICLES. Mr. Ramsey reviewed the staff report, noting that this had been brought up last spring and was tabled because staff could not come up with a definitive answer. He said several complaints had been received from a business in the City relative to food vending trucks parking at the rear of his sandwich shop during the lunch period, and staff had looked at ways to control these vending trucks in the commercial districts. He added that a letter had also been received from the Desert Sands Unified School District asking the City to take action to regulate these in the vicinity of the schools. He reviewed the ordinance and offered to answer any questions. Upon question by Councilman Snyder, Mr. Ramsey responded that the Cities of Indio and Cathedral City both had ordinances regulating these vehicles, although Cathedral City's was not quite as restrictive. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * « * * * « * * * * « * * * * * MR. PAUL CAMPBELL, 73-910 El Paseo, President of th :.1 Paseo Business Association, stated that the Association had not had an oppo: ity to review this ordinance and asked that it be given an opportunity to do so prior to any Council action. Councilman Crites stated that the ordinance would require two readings before adoption. He suggested that it be passed to second reading at this time but that the second reading be held until the Association has the opportunity to look at the ordinance and make any suggestions or modifications. Mr. Campbell agreed and expressed appreciation on behalf of the Association. Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 669 to second reading, regulating food vending vehicles and deleting Section 10.48.120 of the Municipal Code, with second reading of the ordinance to be held until Council receives input from the El Paseo Business Association; 2) waive further reading and adopt Resolution No. 92-12, establishing regulatory business permit fees for food vending vehicles. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REOUEST FOR CONSIDERATION OF ORDINANCE REGULATING FOOD SALES FROM PUSHCARTS. Mr. Ramsey stated that this item was similar to the ordinance regulating food sales from vending vehicles; however, this would regulate food sales from the hand pushed carts. He said the City of Indio had a moratorium on these vehicles and did not allow any more in the City. Councilmember Benson commented that she had received complaints from the schools relative to this type of vehicle. MR. PAUL CAMPBELL, 73-910 El Paseo, asked that second reading of this ordinance also be held until the El Paseo Business Association has a chance to review it. He stated that in the past the Association has taken the stand against food stands outside of establishments and said they would appreciate an opportunity to review the ordinance. Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 670 to second reading, regulating food sales from pushcarts, with second reading of the ordinance to be held until Council receives input from the El Paseo Business Association; 2) waive further reading and adopt Resolution No. 92-13, establishing regulatory business permit fees for food sales from pushcarts. Motion was seconded by Benson and carried by unanimous vote of the Council. Councilman Crites asked that the Chamber of Commerce also be notified of first reading of the ordinance to see if they might have comments. 10 .:♦•i \ v • Lam.) REGULAR PALM DESERT CITY .COUNCIL MEETING * * * * * * * * * * ' * * * * * * * * * * * * FEBRUARY 13, 1992 * * * * * * * * * * * * C. REPORT ON ABC (ALCOHOLIC BEVERAGE CONTROL) FUNDING. Mr. Ramsey reviewed the staff report, noting that staff was notified by Lt. Janes of the Sheriff Department that the local ABC office in Rancho Mirage would remain. He said the only cutback would be one supervisor position, with field personnel remaining at the level it is currently. No Council action was necessary or taken on this item. D. REPORT ON EAGLE MOUNTAIN LANDFILL PROPOSAL. Mr. Altman noted there was a report in the packets from Environmental Conservation Manager John Wohlmuth recommending that the City continue to take an aggressive stance on the Eagle Mountain Landfill Project Environmental Impact Report. No Council action was necessary or taken on this item. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Highway 74 Bus Crash Emergency Services Coordinator Ken Weller reported on the bus crash which occurred outside the City limits on Highway 74 on January 31st with children traveling to a church camp and how City staff had reacted to it very positively. He said City Hall provided information to parents looking for their children and tracked where the children went, such as the different hospitals. He added that everyone had worked together very well. He noted that he was asked to go to the Coast Hills Community Church in Laguna Nigel on Sunday and accepted a plaque presented to the City in appreciation of the staffs efforts. He presented the plaque to Mayor Kelly. Mayor Kelly commended staff for their efforts and said there had been great reaction from the parents of children involved, including letters to the editor. On behalf of the entire City Council, he expressed pride in the City Manager and staff alike. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Investment Committee Councilmember Benson stated that due to a number of telephone calls and letters received by Council regarding investments, she would like to see the Investment Committee changed to consist of the City Manager, Assistant City Manager/ Director of Redevelopment, City Attorney, City Treasurer, Mayor, Mayor Pro-Tem, and a member of the community with financial or investment background. She felt this would provide a link to the community and continuity for future years. Councilman Snyder expressed concern that much of the business discussed by the investment committee pertains to City business, and he said he would like to give the matter more consideration before proceeding with changes. Mayor Kelly suggested that this matter be referred to the City Attorney for review and recommendation. Council concurred. 2. Piano Picnic Table and Rental of Pieces of Seward Johnson Collection for Use in Art Tours During SpringFest '92. Councilman Crites moved to add these items to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote of the Council. Community Arts Manager Catherine Sass reviewed the staff report regarding the piano picnic table, noting that it had bee- reviewed by tr= Civic Ars Committee and Art -In -Public -Places Comm ee, b. of whit recc ended nova. She said the proposal was for $2,00..vhich J1d include fa ation ai: .istaliL m. She added that the actual cost was not kr1uwn at this time ut that thL artist would absorb the difference between the $2,000 and the actual cost. She stated that it would be made from sheet metal and noted that staff had several concerns as outlined in the report. Councilmember Benson asked whether these concerns would be addressed. Ms. Sass responded that they would not be addressed if the table was made from sheet metal as proposed. 12 f'ti i k tom) REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * t * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder said he felt this should be reviewed by the Civic Center Steering Committee since the table would be placed in the Civic Center Park. Councilman Snyder moved to, by Minute Motion, refer this matter to the Civic Center Steering Committee for review and recommendation. Motion was seconded by Crites and carried by unanimous vote of the Council. Ms. Sass reviewed the staff report regarding the Seward Johnson artwork and said it had been presented to Council briefly on December 12, 1991, as part of the preliminary proposal for the Spring Festival. She noted that the purpose of this proposal was to fill in the gaps in the public art tour and that it would also add a promotional element to the Spring Festival that we would not otherwise have. She added that the pieces were for sale and that staff needed authorization to proceed with the lease in order to confirm the agreement so that the pieces will be available for the Festival. MR. DAN EHRLER, Chairman of the Spring Festival Committee, stated he felt the artwork would enhance the Festival and requested approval. Mayor Kelly said he felt this was a spectacular exhibit and would make the tour of the public art more polished. He felt promoting this exhibit would be the best money we ever spent. MR. PAUL CAMPBELL concurred with comments made and said that in the past the El Paseo Business Association had made a formal request to the Art - In -Public -Places Committee for artwork to be placed on El Paseo. He said the City would have 100% support of the El Paseo Merchants to have work of this quality, even for a short time. MR. JAMES STRUCK, member of the Spring Festival Committee and Civic Arts Committee, stated that the possibility of having a sculpture exhibit from an artist of this magnitude was a good opportunity for the City. He said the artist was known internationally as well as in mainstream America as well. Councilman Crites moved to, by Minute Motion, approve the Civic Arts Committee recommendation to lease the Seward Johnson exhibit at a cost not to exceed $15,000 and appropriate said amount to the Spring Festival Committee's budget from the unobligated general fund reserve. Motion was seconded by Snyder and carried by unanimous vote of the Council. 3. Surplus Property off Hig_hwa,y 74 Owned by Coachella Valley Water District Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote of the Council. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly stated that this triangular piece of property was located just north of the Bighorn development next to the Palm Valley Channel. He said he felt it would make a nice place for school buses and Sunline buses to turn around. He said the cost of the 3/4 acre property was $30,000 and that a commitment had been received from the adjacent property owner to purchase the north 1/2 acre for $20,000; that would leave us the bus turnout we want, and there would be a condition that the owner could not build on that piece of property. He said his job would be to get the appropriate parties together to contribute funds to purchase the 1/4 acre (i.e., the School Board, Sunline Transit Agency, and the City), with the City handling the transaction and owning the property. He requested approval for the expenditure of $2,500 as the City's share and direction for him to proceed in that effort. Councilmember Benson asked what would have to be done to the road when the property is purchased, and Mayor Kelly responded that both Westinghouse and the people in the neighborhood had indicated they would do that work, and Sunline would provide a bus shelter for that location. Councilman Crites stated he would like to look at a map to see how all of this would work together. Mr. Erwin expressed concern that this property is outside the City limits and said he would like to review the matter before the City spends any money. Mayor Kelly stated he was bringing this matter to Council now because he needed to make a commitment to the Coachella Valley Water District by March 1st, and with three Councilmembers scheduled to be out of town on February 27th, the Council meeting for that date would have to be cancelled, and Council would not meet again in regular session until March 12th. He added that the Water District had already advertised for bids for this property. Councilman Crites said he would prefer that Mr. Erwin re\ iew the matter and that staff put together a map before a decision is made and schedule a Special City Council meeting if necessary between now and March 1st. Mr. Erwin added that either a Special City Council meeting can be scheduled or the February 27th meeting can be adjourned to a specific time and place in order to consider this item. Councilman Crites moved to refer this matter to the City Attorney for review and recommendation and ask that staff put together a map of the area showing how this would all work together. Motion was seconded by Snyder and carried by unanimous vote of the Council. 14 REGULAR PALM DESERT CITY .COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * • t * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B MRS. AUDREY OSTROWSKY, owner of a unit at Desert Falls, said she was very much against having an landfill in the Coachella Valley and felt it would be detrimental in that trains would be running all day long instead of occasionally as they do now. She said it would also cause a severe financial problem for people in Desert Falls and hoped the Council was seriously opposed to the Eagle Mountain Landfill for all the right reasons. MS. EMILY SAMONS, 43-650 Carmel Circle, said she felt the idea of having a landfill in the Coachella Valley would not be considered if money had not been squandered by the Board of Supervisors. Councilman Crites moved to adjourn to Closed Session at 5:32 p.m. pursuant to Government Code Section 54956.9 (a), pending litigation (Levald v. Palm Desert, Big Horn Research Institute v. Palm Desert, Shearson v. Palm Desert) and 54956.8, Real Property Transactions (ingress and egress easement for potential City property - Visitor Center to the south on Highway 74). Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. NOTE: COUNCILMAN WILSON ARRIVED AT 7:00 P.M. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO SISTER CITY COMMITTEE TO FILL VACANCY CREATED BY THE RESIGNATION OF VONNA WESTFALL. Councilmember Benson moved to, by Minute Motion, appoint Mr. Gus Jones to the Sister City Committee to fill the vacancy created by the resignation of Ms. Vonna Westfall. Motion was seconded by Crites and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REQUEST 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, November 14, and December 23, 1991, and January 23, 1992). Mr. Altman recommended that this matter be tabled at this time because staff was still working on it. He said it would be readvertised for a public hearing once staff is ready to bring it back for Council consideration. Mayor Kelly noted that this was a continued public hearing and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilman Crites moved to TABLE this matter. Motion was seconded by Benson and carried by unanimous vote of the Council. B. REOUEST FOR CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ON THE FINAL DRAFT OF THE CITY OF PALM DESERT SOURCE REDUCTION AND RECYCLING ELEMENT AND THE HOUSEHOLD HAZARDOUS WASTE ELEMENT IMPOSED BY ASSEMBLY BILL 939, CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT (Continued from the Meeting of January 23, 1992). Mr. Wohlmuth reviewed the staff report, noting that the Coachella Valley Association of Governments had approved the Negative Declaration of Environmental Impact at its meeting of February 3, 1992. He added that this particular public hearing was to certify the Negative Declaration and that the next public hearing would be for plan adoption. He offered to answer any questions. Mayor Kelly noted that this continued public hearing was still open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. 16 RErULAR PALM DESERT CITY . COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * • * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to waive further reading and adopt Resolution No. 92-8, certifying a Negative Declaration of Environmental Impact for the City of Palm Desert Source Reduction and Recycling Element and the Household Hazardous Waste Element. Motion was seconded by Benson and carried by unanimous vote of the Council. C. REQUEST FOR CONSIDERATION_ OF FINAL DRAFT OF THE CITY OF PALM DESERT SOURCE REDUCTION AND RECYCLING ELEMENT AND THE HOUSEHOLD HAZARDOUS WASTE ELEMENT IMPOSED BY ASSEMBLY BILL 939, CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT (Continued from the Meeting of January 23, 1992). Mr. Wohlmuth reviewed the staff report, noting that this would culminate 18 months of planning. He stated that CVAG had adopted the elements at the Executive Meeting of February 3, 1992, and that staff was in the process of implementing the programs within these documents. He added that we are one of the first in Southern California to implement this plan. Mayor Kelly noted the public hearing was still open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilman Snyder moved to waive further reading and adopt Resolution No. 92-9, approving the final draft of the City of Palm Desert Source Reduction and Recycling Element and the Household Hazardous Waste Element. Motion was seconded by Wilson and carried by unanimous vote of the Council. Mayor Kelly expressed appreciation to Mr. Wohlmuth for his outstanding efforts not only on behalf of Palm Desert but for providing leadership for the entire Coachella Valley. D. CONSIDERATION OF APPEAL OF A PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT AMENDMENT REQUEST TO ALLOW AN ADDITIONAL ACCESS POINT TO THE PROJECT AT 74-330 ALESSANDRO, CASE NO. 91-11A, (MAPLE LEAF PLUMBING, HEATING, AND AIR CONDITIONING, APPLICANT). Senior Planner Phil Drell noted that the applicant had withdrawn the appeal and that no actinak needed to be taken on this issue. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. CONSIDERATION OF AN AMENDMENT TO AN APPROVED PRECISE PLAN AND CONDITIONAL USE PERMIT REDUCING THE SIZE OF THE PARKING LOT FOR A 35,000SQUARE FOOT COMMERCIAL CENTER ON THE EAST SIDE OF MONTEREY AVENUE BETWEEN HIGHWAY 111 AND SAN GORGONIO WAY AND AN ADDENDUM TO A PREVIOUSLY APPROVED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO, CASE NO. PP/CUP 90-5. AMENDMENT,.. (FELIDAZ, INC., APPLICANT). Mr. Drell reviewed the staff report, noting that the developer had not been able to obtain one of the lots needed for this project but had proposed an alternative that would take only the rear half of that lot, with the remaining lot still conforming to all standards of the R-1 zone. He reviewed the negative declaration of environmental impact, noting that to help mitigate noise concerns the project had been conditioned to restrict deliveries and trash collection to between the hours of 8:00 a.m. and 10:00 p.m. In terms of air quality impacts due to dust and PM 10 during grading and construction, the project would have to conform with the City's dust management requirements and Air Quality Management District's PM10 management plans. He added that in other respects, the project was identical to when the original negative declaration was approved. Mayor Kelly declared the public hearing open and invited testimon in FAVOR of this project. MR. FRANK GOODMAN, 77-900 Avenue of the States, Palm Desert, stated that the applicant concurred with the staff recommendation except he was requesting that Council override the decision of the Planning Commission and allow commercial uses as well as office uses for this project. He offered to answer any questions. Mayor Kelly invited testimony in OPPOSITION to this request. Councilman Crites stated he would like to mention to Mrs. Geiberson that this hearing was not about taking her land but instead was about whether or not the Council approve a buildi• on that 1c• for which the applicant would need at a pont. her land or par' That w; Id then become a discussion bcween M .berson the devei2per, a. if it no acctdtable solution is found, the mLtter wou.,. come to Council for consideration of whether or not to implement the eminent domain prow MRS. RUTH GEIBERSON, 44-875 San Antonio Circle, spoke in opposition to the project because of its plan to take .44 acres of her property which she had pl.-fined for an orange orchard. She also objected to paving - parking lot wit` .__phalt, wl . would kill the plants that are there, and to the incre d traffic the p 't would . _ Ise on Monterey Avenue and to the residential streets She said Plan C, presented in September, would have enabled the developer to build office buildings on Monterey without using any of her property. She felt that taking the 18 REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * -* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * back portion of her lot would not be for the good of the community, which is what the eminent domain powers should be used for. MR. DUANE BAMBUSCH, 44-887 San Antonio Circle, stated his property was directly east of the proposed parking lot. He said he was not really against the project because he felt the area was an eyesore, and the project would really help in both the rainy season and when the winds blow. However, he was concerned with the fact that the City might take Mrs. Geiberson's land against her will. With no further testimony, Mayor Kelly declared the public hearing closed. Councilman Wilson asked whether other alternatives had been considered for what might go on that property without infringing on Mrs. Geiberson. Mr. Drell responded that there had never been another diagram shown. If that portion of Mrs. Geiberson's land was not purchased, the project would have to be redesigned and would probably be reduced by 20% to 30% because of the geometry of the land. Councilman Wilson asked if there was precedent where a design or a building concept has been approved where the person making the application did not at that time own all of the property. Mr. Drell responded that when the plan for the Palm Desert Town Center was approved, it required the purchase of the Exxon station at that corner as well as buildings along Monterey Avenue. Councilman Crites stated that as long as a vote on this project in no way impacts the ability to say yes or no at some other time to the taking of property, he would have no objection to approving this project as office space but not retail. He said the office professional use was consistent all the way down Monterey and that he felt there was nothing unique about the project to change it to retail. Councilmember Benson noted that Council had changed this last time to be a combination of both office and retail. Mr. Dreg stated that the front lots were zoned C-1, General Commercial, and if approved would permit all uses of the General Commercial zone, including retail. He said the second Sex would be office, and it remained to be seen how much would be retail. He said the resolution contained a condition added by the Planning Commission that would restrict the use of the project to office only but that Council could either keep that condition or take it out. Councilmember Benson said she felt strongly before that it should be a combination of both, with office on the second floor. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 1992 * s*** s s s* s s s s s******* s s s s s* s s s s s s* s** Councilmember Benson moved to waive further reading and adopt Resolution 92-15,approving PP/CUP 90-5 and approving an addendum to a previously approved Negative Declaration of Environmental Impact as it pertains thereto, amended to allow up to 50% of the project to be commercial. Mayor Kelly seconded the motion for discussion purposes. Councilmember Benson stated she felt the use of commercial and office professional was appropriate at this location. Councilman Snyder asked whether this change would require that the project be sent back to the Planning Commission, and Mr. Erwin responded that it was not necessary. Mayor Kelly called for the vote. Motion carried by a 3-2 vote, with Councilmembers Crites and Wilson voting NO. F. CONSIDERATION OF AN AMENDMENT TO THE GENERAL PLAN HOUSING ELEMENT ADDING AN ANALYSIS OF EXISTING LOW INCOME ASSISTED HOUSING AT RISK OF BEING LOST OVER THE NEXT TEN YEARS, CASE NO. SPA 92-1, Mr. Drell reviewed the staff report, noting that the Government Code was amended in , 1989 to require housing elements to contain an analysis of existing assisted housing at risk of being lost in a ten-year period through expiration of HUD contracts or other rental contracts. He said only one project, Candlewood Apartments, was at risk. He said this project was covered by a HUD contract and that the owner had expressed the intention to maintain the contract through its entire term. If he were to withdraw, the City and Redevelopment Agency would consider acquiring the project to preserve the low income units. He offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilmember Benson moved to waive further reading and adopt Resolution No. 92-16, approving GPA 92-1. Motion was seconded by Wilson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilmembers Benson, Crites, Kelly, and Wilson indicated they would each be out of town on February 27th, the next regularly scheduled City Council meeting. 20 vua v L Lv REGULAR PALM DESERT CITY. COUNCIL MEETING FEBRUARY 13, 1992 * * * * * * * * * * k * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin stated that the City Clerk would call the meeting to order and then adjourn it due to the lack of a quorum. If there was a need for a meeting based on Council's discussion of the property on Highway 74, the City Clerk could be advised of that need and could then adjourn the February 27th meeting to a specific date and time to consider that matter. Otherwise, the meeting would be adjourned to the next regular meeting of March 12th. Upon motion by Snyder, second by Wilson, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 7:55 p.m. ATTEST: SHEILA R. G IGAN, CO'Y CLERK CITY OF PALM DESFR , CALIFORNIA RICHA'LD S. KELLY, MAYOR 21