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HomeMy WebLinkAbout1992-06-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 11, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:05 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tem Jean M. Benson III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Mayor Richard S. Kelly Excused Absence: Councilman S. Roy Wilson Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/RDA Executive Director Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Finance Director/City Treasurer Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources Mayor Kelly presented a proclamation to Palm Desert High School Junior Marie Lujan who had worked in the City Clerk's Department every Thursday afternoon since December, 1991, as part of the COMPACT Business Partnership Program. He noted that the proclamation designated Thursday, June 11, 1992, as "Marie Lujan Day" in the City of Palm Desert, and he congratulated her on her accomplishments. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETLNG JUTNE 11, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * On behalf of the entire City Council, Mayor Kelly presented a plaque to the Palm Desert High School Golf Team for its undefeated record (18-0) for the 1992 season and for winning the school's first -ever C.I.F. Championship. He noted the team was as follows: Ryan Bogan, Grant Callahan, Brian Caswell, Betty Chen, Jeff Fortsen, Rocky Hill, April Packham, Jay Stewart, Mike Walton, Barry Wellins, Jeremy Whiting, and Coach Tim Kabeary. V. CONSENT CALENDAR A. MINUTE of the Adjourned City Council Meeting of May 26, 1992, and the Regular City Council Meeting of May 28, 1992. Rec: Approve as presented. B. CLAIMS AND DBMANDS AGAINST THE CITY TR ,ASURY - Warrant Nos. WR10, WR12, WR17, and WR18. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#1901 by Sarah Anne Buckle in the Amount of $124.00. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate settlement in an amount not to exceed $124.00, subject to Claimant's execution of a Release of All Claims. D. PRELIMINARY SCHEDULES OF INVESTMENTS as of March 31, April 30, and May 31, 1992. Rec: Receive and file. E. MINUTES of the Palm Desert Civic Arts Committee Meetings of March 9 and April 13, 1992. Rec: Receive and file. F. LETTER OF RESIGNATION from Mr. Kurt Sipolski from the City's Promotion Committee. Rec: Receive with sincere regret. 2 ► u..N l c:.0 REGULAR PALM DESERT' CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * JUKE 11. 1992 * * * * * * * * * * * * G. LETTER OF RESIGNATION from Col. Alvin 0. Mark from the City's Civic Arts Committee. Rec: Receive with sincere regret. H. REQUEST FOR APPROVAL of the Purchase of a Radar Display Unit. Rec: By Minute Motion: 1) Make a finding pursuant to Palm Desert Municipal Code Section 3.32.090 that the purchase of a radar display unit is unique and, therefore, is exempt from the normal bidding practice, 2) Authorize the purchase of this unit in the amount of $8,163.47. I. REOUEST FOR APPROVAL of Reimbursement Agreement with Western Community Developers (dba Quail Contractors) for Offsite Storm Drain Construction (Precise Plan 84-3, San Tropez Villas). Rec: By Minute Motion, approve the reimbursement agreement and authorize the Mayor to execute same on behalf of the City of Palm Desert. J. REQUEST FOR APPROVAL to Release One -Year Maintenance Securities for Tract 25304 (Ken-Mor Enterprises, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the one-year maintenance securities for this project. K. REQUEST FOR EXTENSION OF CONTRACT with Joe A. Gonsalves & Son (Contract No. CO2990) . Rec: By Minute Motion, approve the extension of Contract No. CO2990 between Joe A. Gonsalves & Son and the City of Palm Desert for Fiscal Year 1992-93. L. REQUEST FOR a,PROVAL of One -Year Extension of Contract with Carl Warren & Co. for Liability Claims Administration (Contract No. C00861). Rec: By Minute Motion: 1) Approve a one-year extension of Contract No. C00861 with Carl Warren & Co. for Liability Claims Administration, 2) authorize the Mayor to execute the "Letter Agreement" dated May 31, 1992, extending the contract to June 30, 1993. 3 4TNT:TES REGULAR PALM DESERT CITY COUNCIL MEETING JUTE 11, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REOUEST FOR APPROVAL of Changes to the By -Laws of the El Paseo Business Association. Rec: By Minute Motion, approve recommended changes to the By -Laws of the El Paseo Business Association as outlined in the staff report dated June 11, 1992, changing terms of office for the Board of Directors to coincide with the fiscal year and reducing the number of Board Members from 15 to 11. N. LETTER from Urrutia-Prest Architects Requesting an Opportunity to Address the City Council Relative to Development of the Northeast Corner of Monterey and Country Club Drive. Rec: Refer to staff to schedule a presentation for 4:00 p.m. on Thursday, June 25, 1992. O. UPDATE on Employee Assistance Program (EAP). Rec: By Minute Motion, approve the continuance of the program with no changes at this time. Upon motion by Snyder, second by Crites, the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. (NOTE: COUNCIL RECONSIDERED ITEM J AT THE 7:00 P.M. PORTION OF THE MEETING UNDER PUBLIC HEARING "B") . VI. ORAL COMMUNICATIONS - A MR. JEFF TEMPLIN and MR. BUD BOROWSKY addressed the Council on behalf of the Palm Desert Youth Foundation, formerly the John Downs Football Association. They asked for assistance and said their primary concern was to find a lighted field to practice and to play games. Mayor Kelly asked that they give their names to Mr. Diaz, who would contact them to discuss their request and would then make recommendations to the Council. VII. RESOLUTIONS None 4 t_J I L 1 1_ J REGULAR PALM DESERT CITY COUNCIL .MEETI G * * * * * * * * * * * * * * * * * * * * * * JUKE 11. 1992 * * * * * * * * * * * * VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 684 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 8.08.020, 8.08.050(C), AND 8.08.070 PERTAINING TO POSTING OF GRADING CARDS FOR RESTAURANTS. Mr. Altman noted the memo in the packets from Mr. Allen and offered to answer any questions. Councilmember Benson moved to waive further reading and pass Ordinance No. 684 to second reading. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. For Adoption: None IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. RBOUEST FOR CONSIDERATION OF CHANGE IN USE OF 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AWARDED TO EL PROGRESO DEL DESIERTO. Mr. Altman noted there was a memo in the packets and stated that Mr. Ortega was available to answer any questions. Councilmember Benson moved to, by Minute Motion, approve the staff recommendation for change in use of 17th Year Community Development Block Grant (CDBG) funds awarded to El Progreso del Desierto and authorize staff to file an application for use of such funds. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers present. B. REQUEST FOR APPROVAL OF PRELIMINARY FINANCING AGREEMENT FOR FORMATION OF COMMUNITY FACILITIES DISTRICT 91-2 (SUN CITY PALM SPRINGS PROJECT). Mr. Altman noted the memo in the packets and said Mr. Ortega was available to answer any questions Council might have. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUKE 11, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * At the request of Councilman Crites, Mr. Ortega stated that the County of Riverside will form a Community Facilities District that will encompass the Sun City project. He said the law required that those agencies that will benefit by the improvements must sign a cooperative agreement with the County. He said at this time the County wanted to sign the preliminary agreements so that the Board of Supervisors can begin formation of the district. He added that this applies to the City of Palm Desert only on the small piece of land owned by the City that will benefit by the improvements to be built. Councilmember Benson moved to, by Minute Motion, authorize the Mayor to execute a preliminary financing agreement (Contract No. C06410) between the City of Palm Desert, Del Webb, and the County of Riverside for the formation of Community Facilities District 91-2 (Sun City Palm Springs project). Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. C. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega noted there was a report in the packets relative to cable complaints. He offered to answer any questions. Mayor Kelly stated he had read the report staff prepared comparing Palm Desert's franchise agreement with that of Rancho Mirage and wanted to know, if he thought the City of Palm Desert should implement some of those changes that Rancho Mirage had made, how he could get it on a Council Agenda. Mr. Ortega responded that if Mayor Kelly would give him specific recommendations, he would look into them and report back. 2. Update on Tri-Cities Sports Facility. 3. Status of Date Palm Grove. Mr. Altman noted that the Tri-Cities Sports Facility and the Date Palm Grove would be on the next Agenda. Mr. Diaz distributed copies of the plans for the park. XI. CONTINUED BUSINESS None 6 REGULAR PALM DESERT "ITY COUNCIL \iEETLtiG JUNE 11, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF MASTER DRAINAGE PLAN - 1992. Mr. Altman noted the memo in the packets and said staff was now ready to recommend approval of the four items listed in the report. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 92-51 as amended, approving a Master Drainage Plan for the City of Palm Desert and authorizing implementation of said Master Drainage Plan, 2) waive further reading and pass Ordinance No. 653 to second reading as amended, establishing the fees for Zone 1 at $4,000.00, Zone 2 at $1,500.00 per acre, and Zone 3 at $1,000.00 per acre, with an inflation factor tied to the Engineering News Record Construction Index dated January 1992, 3) there is a need to add the anticipated cost for the Mid -Valley Storm Drain Channel; however, staff recommends negotiating with the Coachella Valley Water District before placing a fee for that facility in Zone 3, 4) that annually the staff will review the fee structure for existing and annexed areas of the City, and staff will recommend to City Council necessary funding requirements. Motion was seconded by Benson and carried by unanimous vote of the Councilmembers present. XIII. REPORTS AND REMARKS A. CITY MANAGER Appropriation of Funs for Annexation No. 30 Mr. Altman stated this had come up after the Agenda was posted. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. Mr. Altman reviewed the report and offered to answer any questions. Councilman Snyder moved to, by Minute Motion, appropriate the amount of $4,000 to Account # 110-4111-410-3640 to cover cost of filing fees for Palm Desert Annexation No. 30. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers present. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), Existing Litigation (County of Riverside v. City of Palm Desert re: Altamira, Shearson Lehman v. Palm Desert re: Wymer), (b), Threatened Litigation, and (c), Pending Litigation, and Personnel. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council ReQuests for Action: 1. Committee/Commission Member Vacancy Policy (Mayor Pro-Tem Jean M. Benson). Councilmember Benson suggested that the procedure for reappointment of Committee and Commission members be changed to require incumbents to reapply for membership instead of staff calling to ask if they were interested in continuing to serve and Council automatically reappointing if they were still interested. She said she felt this would open the committees up to more participation by members of the community. Mayor Kelly asked if it might be better to allow incumbents to serve two terms before asking that they complete new applications. After additional discussion, Councilmember Benson moved to, by Minute Motion, change the Committee/Committee vacancy procedure to require incumbents to reapply for membership after each term of office completed. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers present. o City Council Committee Reoortsr. 1. Mayor Kelly reported that he had recently visited Chicago and had spoken at the American Society of Civil Engineers conference regarding traffic impacts and fees. He said he had attended every session and had brought back information to share with Associate Transportation Engineer Seyed Safavian. 2. Mayor Pro-Tem Benson reported that she had presented a key to the City to the Kennedy Airport Management Group meeting at the Marriott Desert Springs recently. She said they noted that they had the choice of holding their meeting in either Vienna, Austria, or in Palm Desert and had chosen our city. She said they commented that they had never received finer service in the 25 years they had been meeting and that they would be coming back. XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn to Closed Session at 4:40 p.m. for purposes stated by the City Attorney, said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. 8 r1LL LCw) REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * JLNE 11. 1992 * * * * * * * * * * * * Mayor Pro-Tem Benson reconvened the meeting at 7:05 p.m. with no action announced from Closed Session. NOTE: MAYOR KELLY WAS ABSENT DURING THE 7:00 P.M. PORTION OF THE MEETING. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS TO THE PROMOTION COMMITTEE. Councilman Crites moved to, by Minute Motion, appoint William Powers, Piper Wilson, and Elizabeth Green to the Promotion Committee to fill existing vacancies. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. XVIII. PUBLIC HEARINGS A. REQUEST FOR FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 92- 8, DEEP CANYON ROAD (Continued from the Meeting of May 28, 1992). Mr. Folkers reviewed the staff report and offered to answer any questions. Mayor Pro-Tem Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was offered, and she declared the public hearing closed. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 92-52 ordering the formation of the subject district and confirming the diagram and report, 2) by Minute Motion, approve the engineer's report, as filed, for FY 1992-93. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. B. REQUEST FOR FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 92-7 (WARING COURT). Mr. Folkers reviewed the staff report, noting that it was originally intended that the developer would provide all of the maintenance for this area; however, the developer had recently asked 9 MIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that the City do the district. He added that this case was similar to the Sonata II situation and that some of the homeowners had concerns they wished to express at this time. Mayor Pro-Tem Benson declared the public hearing open and invited testimony in FAVOR of this request, and none was offered. She invited testimony in OPPOSITION to the request. MR. DENNIS MOLLOY, 74-825 Waring Court, said he was one of eight homeowners on Waring Court and that he wished to formally oppose formation of this assessment district at this time. He said the person who sold him his home had lied to him and said there would be no homeowners association and that the City had agreed to accept this property in perpetuity and would maintain it. He added that although Administrative Assistant Tom Bassler had indicated notices of this meeting had been mailed to the homeowners, he had never received any notification. Mr. Molloy noted that the developer had paid $4,000 in February, 1992, for preparation of an engineers report which is the basis for this assessment district. At that time, he felt the City should have contacted property owners to be sure there had been disclosure of the potential formation of this district. He asked that the Council defer any action on formation of the assessment district until such time as the homeowners on Waring Court have an opportunity to assess their legal options and attempt to resolve differences with the developer. He said he intended to pursue legal action against the developer and felt that if the City were to move forward with the district, it could potentially be brought in to this. He submitted letters to the City Clerk from homeowners who could not be at the meeting. MR. LOU MENEDEZ, 74-835 Waring Court, said he had also never beer] advised that there would be an assessment district or homeowners association and that he had specifically stated when purchasing his home that he would not buy it if there was any of this. He added that he would do whatever he could to pursue legal action. MR. RON MACIOSEK, 74-810 Waring Court, said he had been told by the developer that the property had been deeded to the City two years ago. MRS. DOROTHY PREUSS, 74-830 Waring Court, agreed that the developer did not advise them of the potential formation of an assessment district for the landscaping maintenance. MR. EUGENE PREUSS, 74-830 Waring Court, said he was a licensed real estate broker and had always had CC&R's and would have the buyers sign a receipt for same. He said he was the first to purchase a home on this street and had asked Morton Baruh of Ken-Mor Enterprises if there was going to be any assessments for the landscaping on the outside of the tract - he responded that it had been deeded to the City. He said he felt Mr. Baruh should be held responsible, not the homeowners. Mayor Pro-Tem Benson asked for comments from Council. 10 ML`t.ILs REGULAR PALM DESE - CITY COUNCIL MEETING JUNE 11, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites said he felt he could not make a decision on this matter at this time. He suggested that the matter be held until the first meeting in July due to the anticipated length of the June 25th meeting, and during that time the City Attorney could be asked to explore options in terms of whether or not the developer has complied with conditions of development imposed by the City and what penalties, if any, can be assessed for noncompliance. He said he would like to see developers learn from this experience that there is a stiff penalty to be paid if something like this happens again. He added that he felt it was not the City's business to go in an make sure homeowners are told everything they should be told when the purchase a home. Mr. Erwin stated that in addition to formation of the district, Council was being asked to adopt a resolution setting a public hearing for the first meeting in July to consider assessments for the upcoming year. If it is not done by the first part of August, it will not be able to be put on the tax rolls for the next year. Councilman Snyder agreed with the need for time to sort out this situation and suggested continuing the matter and perhaps the problems can be resolved in the meantime. Mr. Erwin asked whether in the past a district has been formed with a zero assessment on the tax rolls for the fiscal year. Mr. Folkers responded that it had been done in the past but that it was then difficult to correct once the situation was worked out. Councilman Crites expressed concern that formation of the district might give the developer some hope that he will not be held responsible for what has happened up to now. He said he was not sure whether the district should be formed for all of the properties or just those lots that remain unsold. Mr. Folkers said there could be a zero assessment for fiscal year 1991-92 and that we could keep going year to year with a zero assessment until the matter is worked out. The problem is that at some point in time someone will walk away from the maintenance and it will no longer be kept up. Mr. Erwin suggested that Council also reconsider action taken to approve Item J on the Consent Calendar and not release the bonds for this tract. Councilman Snyder moved to reconsider Consent Calendar Item J. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers present. Councilman Snyder moved to, by Minute Motion, deny the release of the one-year maintenance securities for Tract 25304 (Ken-Mor Enterprises, Inc.). Motion was seconded by Crites and carried by unanimous vote of the Councilmembers present. Councilman Crites noted that one possible result of postponing this is that what happens to the landscaping will end up between the homeowners and the developer. 11 NILNUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 11, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Preuss responded that it was his understanding that if the bond is not released, the developer has to continue to take care of the landscaping. Mr. Molloy stated he supported the proposed action of the Council and felt the City should not release the bond. He said maintenance of the property belongs with the developer at least for the time being, and this will give the homeowners the time to assess their legal options and perhaps resolve this matter with the developer. He added that the primary dispute of the homeowners was with the developer. Councilman Crites moved to continue this matter to the meeting of July 9, 1992. Motion was seconded by Benson and carried by unanimous vote of the Councilmembers present. C. REQUEST FOR CONSIDERATION OF SAN MARINO CIRCLE CLOSURE. Mr. Folkers reviewed the staff report, noting that access would be restricted at San Marino Circle south east of Portola, with only northbound right turn movements permitted from Portola Avenue. Left turns in or out of the circle would be prohibited, and motorists currently using San Marino Circle south would have to use alternative routes to reach their destinations. He added that no change in access to and from San Marino Circle north was proposed. He offered to answer any questions. Mayor Pro-Tem Benson declared the public hearing open and invited testimony in OPPOSITION to this matter. No testimony was offered. She invited testimony in FAVOR of this request. MR. GEORGE BUEHL, 74-022 San Marino Circle, said he was happy with staffs report and recommendation. Mayor Pro-Tem Benson declared the public hearing closed. Councilman Crites moved to, by Minute Motion, endorse staffs recommendation as outlined in the staff report and authorize staff to proceed with the implementation of the approved plan on a 180-day trial period. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. D. REOUEST FOR CONSIDERATION OF ADOPTION BY REFERENCE RIVERSIDE COUNTY ORDINANCE NO. 567 AND DELETING CHAPTER 8.04 OF THE PALM DESERT MUNICIPAL CODE REGULATING FOOD HANDLERS. Mr. Allen reviewed the staff report, noting that a representative from the County Health Department would explain the ordinance. 12 REGULAR PALM DESERT' CITY COUNCIL MEETING JUKE 11, 1992 * * * * * * * * * * * * ** * * * * * * * * 4 * * * * * * * * * * * * MS. SANDY TOSCH stated that all food handlers in the County were required to demonstrate an adequate knowledge of the sanitary principles and practices within the food industry. She explained the testing and certification procedure and offered to answer any questions. Mayor Pro-Tem Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and she declared the public hearing closed. Councilman Snyder moved to waive further reading and pass Ordinance No. 685 to second reading, adopting by reference Riverside County Ordinance No. 567 regulating food handlers and deleting Chapter 8.04 of the Palm Desert Municipal Code. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers present. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 7:52 p.m. to 2:30 p.m. on Tuesday, June 23, 1992. Motion was seconded by Snyder and carried by unanimous vote of the Councilmembers present. Mayor Pro-Tem Benson reopened the meeting at 7:54 p.m., and Councilman Snyder moved to adjourn the meeting to 9:00 a.m. on Wednesday, June 24, 1992. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers present. ATTEST: SHEILA R. GILLIGAN, CITY ,CLERK CITY OF PALM DESERT, CALIFORNIA 13 fl"lam i JEAN M. BENSON, MAYOR PRO-TEMPORE