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HomeMy WebLinkAbout1992-05-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 14, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Acting Mayor Snyder convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Excused Absence: Councilman Buford A. Crites Mayor Richard S. Kelly Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Pro-Tempore Jean M. Benson (arrived at 6:08 p.m. for Closed Session) Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Carlos L. Ortega, ACM/RDA Executive Director Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Finance Director/City Treasurer Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources Phil Drell, Acting Director of Community Development Joseph Gaugush, Acting Director of Public Works John Wohlmuth, Environmental Conservation Manager Larry McAllister, General Services/Purchasing Officer V. CONSENT CALENDAR A. 1MINUTES of the Regular City Council Meeting of April 23, 1992. Rec: Approve as presented. NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 * * * * s s s * * s s s s s s * s * * * * * * * * * * * * * * * * * * * * * B. CLAIM$ AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0314, WR0404, and WR0413. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#188) by David James Marr in the Maximum Amount of $10 Million. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. D. CLAIM AGAINST THE CITY (#189) by Heidi A. Mezzano in the Amount of $372.28. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate settlement in an amount not to exceed $375.00, subject to Claimant's execution of a Release of All Claims. E. REOUEST FOR APPROVAL of Final Tract Map 24773-1 (Hovley Lane Associates, Applicant). Rec: Waive further reading and adopt Resolution No. 92-32, approving Tract Map 24773-1. F. REOUEST FOR FORMATION of Landscaping and Lighting Assessment District No. 92-8 (Deep Canyon). Rec: Waive further reading and adopt Resolution No. 92-33, approving the engineer's report and setting a public hearing for the formation of the subject district. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Carpeting for Administrative Services and Community Services Buildings of the Palm Desert Civic Center (Contract No. C06330). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids to furnish and install new carpet for the Administrative Services and Community Services Buildings. H. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. CO2970 with Environmental Care, Inc. for Landscape Maintenance Services. Rec: By Minute Motion, approve Change Order No. 2 to the subject contract in the amount of $5,000.00. 2 REGULAR PALM DESERT CITY COUNCIL MEETLNG * * * * * * * * * * k * * * * * * * * * * * * :SLAY 14, 1992 * * * * * * * * * * * * I. REOJJEST FOR APPROVAL of Change Order No. 2 to Contract No. C05520 with Environmental Care, Inc. for Landscape Maintenance for Assessment District No. 6 (Hovley Lane West). Rec: By Minute Motion, approve Change Order No. 2 to the subject contract in the amount of $1,020.00. J. REQUEST FOR APPROVAL of Engineering Services Contract for the Proposed Annexation No. 2 to Landscape and Lighting Assessment District No. 5, Country Club Drive and Cook Street (Contract No. C06320). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with Kicak and Associates in the amount of $12,000.00. K. REQUEST FOR APPROVAL of Engineering Design by Riverside County Transportation Commission Consultant for Highway 111 and Portola Avenue (Contract No. C06340). Rec: By Minute Motion, approve an engineering design contract for NBS/Lowry in the amount of $11,833.00 and authorize a ten percent contingency in the amount of $1,183.30. L. REQUEST FOR ACCEPTANCE OF WORK for Silver Spur Storm Drain Project (Contract No. C05830). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REQUEST FOR AUTHORIZATION to Transfer Presidents Plaza Landscape Maintenance Contract to Pacific Aquascape, Inc. (Contract No. C05730). Rec: By Minute Motion, authorize the transfer of Contract No. C05730 to Pacific Aquascape for the balance of the original term. N. REQUEST FOR APPROVE of Palm Desert Utility Undergrounding Program. Rec: By Minute Motion, approve Contract No. C06350 with Richard Recht and Associates in the amount of $11,500.00 for the necessary nexus study on the proposed Palm Desert street utility undergrounding program and authorize a contingency of $1,500.00 (total $13,000.00). 3 ♦rT`l TES .,tit LA* PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 • • • • • • • . . . . . . . . . . . . s * s $ * s s * * * * * * * * * * * * 0 Rec: V of FAU/FAS Candidate Projects. By Minute Motion, review and approve the FAU/FAS Candidate Project Listing and funding and authorize staff to begin negotiating with The Holt Group to extend their services to cover the Superblock III widening. P. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Purchase of New Street Sweeper. Roc: By Minute Motion, authorize the City Clerk to advertise and call for bids for purchase of new street sweeper. Q. 'MIER from City of Chino Requesting the City of Palm Desert's Opposition to Proposed SCAQMD Rule 110 and Senate Bill 1328. Rec: Refer to staff for report and recommendation. Councilman Wilson asked that Item Q be removed for separate discussion under Section IX, Consent Items Held Over. Councilman Crites also removed Items G and N, and Mr. Altman removed Item O. Upon motion by Crites, second by Wilson, the remainder of the Consent Calendar was approved as presented by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. I. ORAL COMMUNICATIONS - A None RESOLUTIONS None Vm. ORDINANCES For Introduction: A. ORDINANCE NO. 681- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE NO. 712, REGULATING THE COLLECTION, TRANSPORTATION, AND REMOVAL OF LIQUID WASTES AND ANIMAL BY-PRODUCTS. Mr. Allen reviewed the staff report, noting that this ordinance had also been endorsed by the Coachella Valley Association of Governments. 4 REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MAY 14, 1992 Councilman Wilson moved to waive further reading and pass Ordinance No. §$1 to second reading. Motion was seconded by Crites and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. B. ORDINANCE NO. 6$2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.28.040 OF THE PALM DESERT MUNICIPAL CODE RELATING TO EXEMPTIONS FOR COMPLIMENTARY ROOMS PROVIDED AT NO CHARGE BY TRANSIENT OCCUPANCY TAX OPERATORS. Mr. Allen reviewed the staff report, noting that Council had asked that staff look into this matter subsequent to the audit report being prepared. He added that the operator manual had also been revised. He stated one change to the ordinance as submitted was the first line of Section 1, which should read "Complimentary rooms provided at no charge and not in exchange for services to employees..." Councilman Crites moved to waive further reading and pass Ordinance No. 682, as amended, to second reading. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. For Adoption: A. ORDINANCE NO. 680 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES (COOK STREET FROM HIGHWAY 111 TO FAIRWAY DRIVE). Mr. Altman stated that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 680. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. IX. CONSENT ITEMS HELD OVER G. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Carpeting for Administrative Services and Community Services Buildings of the Palm Desert Civic Center (Contract No. C06330). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids to furnish and install new carpet for the Administrative Services and Community Services Buildings. 5 M1'N2'TES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that while he agreed there were worn spots in the existing carpeting, he felt we could get an additional three years' wear from it and said he would vote against new carpeting at this time. Councilman Snyder moved to hold this matter until Mayor Pro-Tem Benson arrives, since she was the other Councilmember on the Civic Center Steering Committee. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. This matter was considered after Awards, Presentations, and Appointments. Councilman Snyder moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids to furnish and install new carpet for the Administrative Services and Community Services buildings. Motion was seconded by Benson. Councilman Wilson asked that the vote on this matter be held until the end of the meeting so that he could walk through the worn areas before casting a vote. Council concurred. Following completion of the remainder of the Agenda, Councilman Wilson commented that he had looked at the worn areas of carpeting and would reluctantly support the motion for approval. However, he recommended to staff that the Council area, which has a thicker carpeting, be bid as a separate item so it can be excluded. He said he did not think that area was worn and would prefer that it not be replaced. He added that he would like the bid for this area to be for an easier to maintain carpeting, similar to the rest of the building, and if Council decides in the next few weeks that new carpeting is not really needed for that area, it can be deleted from the bid. Mayor Pro-Tem Benson called for the vote. Motion carried by a 3-1-1 vote, with Councilman - Crites voting NO and Mayor Kelly ABSENT. N. REOUEST FOR APPROVAL of Palm Desert Utility Undergrounding Program. Rec: By Minute Motion, approve Contract No. C06350 with Richard Recht and Associates in the amount of $11,500.00 for the necessary nexus study on the proposed Palm Desert street utility undergrounding program and authorize a contingency of $1,500.00 (total $13,000.00). Councilman Crites stated he felt this was a good idea but said when he looked at the contract it looked as if the City was doing all of the work and collecting all of the data. He expressed concern with spending $11,500 and said he did not see where this firm was doing $11,500 worth of work. Mr. Conlon responded that the contract range was $8,500 to $11,500. He added that he felt this was a very important study. 6 REGULAR PALM DESERT CITY COUNCIL NIEETLNG MAY 14, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin added that he felt there was a need to have an outside consultant for a study of this type on an item of this nature. He said we have been challenged on these in the past, and we need to make sure we establish a nexus. Upon question by Crites, he said staff could do a study but it was questionable as to whether we have the manpower to do so. In addition, the question could be raised as to whether the study was being done by someone who would be objective, and an outside consultant would be considered to give a more objective report. Councilman Wilson said he understood Crites' concerns; however, in view of the importance of this program and the City Attorney's opinion relative to the importance of establishing the nexus in order for the program to hold up in court, he would support staffs recommendation. Councilman Wilson moved to, by Minute Motion, approve Contract No. C06350 with Richard Recht and Associates in the amount of $11,500.00 for the necessary nexus study on the proposed Palm Desert street utility undergrounding program and authorize a contingency of $1,500.00 (total $13,000.00). Motion was seconded by Snyder. Councilmen Wilson and Snyder voted AYE, and Councilman Crites voted NO. Mr. Erwin stated that the motion failed because three affirmative votes were required to spend money. He suggested that the Council reconsider and wait until Mayor Pro-Tem Benson arrives at 7:00 p.m. Councilman Wilson moved to reconsider this matter at the 7:00 p.m. portion of the meeting. Motion was seconded by Crites and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. At the 7:00 p.m. portion of the meeting, Councilman Wilson moved to, by Minute Motion, approve Contract No. C06350 with Richard Recht and Associates in the amount of $11,500.00 for the necessary nexus study on the proposed Palm Desert street utility undergrounding program and authorize a contingency of $1,500.00 (total $13,000.00). Motion was seconded by Snyder and carried by a 3-1-1 vote, with Councilman Crites voting NO and Mayor Kelly ABSENT. O. REQUEST FOR jtEVIiW AND APPROVAL of FAU/FAS Candidate Projects. Rec: By Minute Motion, review and approve the FAU/FAS Candidate Project Listing and funding and authorize staff to begin negotiating with The Holt Group to extend their services to cover the Superbiock III widening. Mr. Altman stated that Mr. Folkers had asked that this item be held over so that he could explain some of the options. Mr. Folkers stated that the report noted that we have a priority list that has been developed, with Superblock III as the number one choice. He said it appeared there might be some environmental problems that could delay this project, and staff would like to proceed with the 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Deep Canyon project which seemed to have less environmental problems. He asked that staff be allowed to proceed with negotiations with CalTrans and that staff would come back to Council for confirmation. Councilman Crites moved to, by Minute Motion, approve staffs request. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. Q. LETTER from City of Chino Requesting the City of Palm Desert's Opposition to Proposed SCAQMD Rule 110 and Senate Bill 1328. Rec: Refer to staff for report and recommendation. Councilman Wilson stated that this item should not have been placed on the Agenda for Council consideration because it was requesting that he vote against Rule 211 before the Air Quality Board, which he had done a week ago. He said the matter was dead and that no Council or staff action was necessary. X. NEW BUSINESS A. PRESENTATION OF PROPOSED IRONWOOD COUNTRY CLUB DEVELOPMENT ON APPROXIMATELY 30 ACRES OF UNDEVELOPED LAND ADJACENT TO THE EXISTING DEVELOPMENT AND GOLF COURSE. Mr. Diaz stated that Mr. Leonard Czarnowski of SunRay Engineering and Land Planning, Inc. would address Council at this time. He said this matter had been before the Ironwood Country Club homeowners group and had been approved. Mr. Czarnowski made an informal presentation to the Council relative to the proposed Ironwood Country Club single-family home development adjacent to the existing development and golf course and annexation of the area into the City of Palm Desert. Councilman Crites suggested that this matter be referred to the Annexation Committee of the Council for review. Council concurred. With Council concurrence, Acting Mayor Snyder suspended the remainder of the Agenda in order to consider Items C and D at this time. B. LETTER FROM COUNTY OF SANTA CRUZ REQUESTING THE CITY OF PALM DESERT'S ENDORSEMENT OF AN "ALTERNATIVE STATE BUDGET". Mr. Yrigoyen reviewed the staff report, noting that this was an attempt to raise additional revenue by closing loopholes in the current tax laws and disallowing deductions for corporations and individuals. He said staff recommended supporting it in concept but not specifically supporting all of the recommended tax revenue measures. 8 REGULAR PALM DESERT CITY COUNCIL NtEETLNG MAY 14, 1992 *a * * * * * * * * * * * * * * * * * * * * * * « * * * * * * * * * * * After discussion by Council, Councilman Crites moved to take no action on this item. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. C. REOUEST FOR CONSIDERATION OF COMMUNITY FACILITIES DISTRICT 91-1 (INDIAN RIDGE PUBLIC IMPROVEMENT DISTRICT). Mr. Yrigoyen reviewed the staff report and offered to answer any questions. Councilman Wilson moved to waive further reading and adopt Resolution No. 92-34, authorizing the issuance of Special Tax Bonds for the City of Palm Desert Community Facilities District No. 91-1 (Indian Ridge Public Improvements), approving and directing the execution of a fiscal agent agreement, funding and acquisition agreement and approving other related documents and actions. Motion was seconded by Crites and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. Councilman Crites asked if it was norm that whoever acts as the fiscal agent may also become the bond owner even though they are the agent. Mr.. Yrigoyen responded that the fiscal agent will be required to disperse all proceeds that are collected on the bonds and will hold the bonds until payout of all the principal is received and bonds are released. Crites asked if they may then choose to be the owners of the bonds versus someone else, and Mr. Yrigoyen responded that it was often done that way. Mr. Erwin added that this was particularly true when a larger institution is the fiscal agent. D. REQUEST FOR CONSIDERATION OF ASSESSMENT DISTRICT 91-1 (I-10 AND COOK STREET INTERCHANGE). Mr. Yrigoyen reviewed the staff report, noting that staff had been working on this for a long time. He offered to answer any questions. Councilman Wilson asked staff to address issues raised in the letter of objection from Mr. F.X. McDonald, Jr., relative to his property being assessed at a higher rate when it is quite a bit removed from the interchange. Mr. Jim Sims of J.F. Davidson, assessment engineers for the project, explained the formula used to determine the assessments, noting that many items were taken into consideration, such as proximity to the interchange. He said Mr. McDonald's assessment was not as high as those closer to the interchange but was also not as low as those further south and closer to the Whitewater Channel. Upon question by Crites relative to why the east/west boundaries were stopped where they were, Mr. Sims responded that two other assessment districts were being planned for that area. 9 MINUTES REGULAR PALM DESERT CITY COUNCLL MEETING MAY 14, 1992 : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson asked whether this will set a public hearing at which time Council will again consider this matter and receive input. Mr. Folkers responded that there will be other opportunities for input from concerned people. He said another meeting was scheduled for May 15th and that staff was consistently having meetings with property owners to keep them informed and to receive input from them. Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 92-35, adopting the proposed map of the boundaries for Assessment District 91-1, 2) waive further reading and adopt Resolution No. 92-36, covering preliminary determination and ordering the preparation of a report on said improvement, 3) waive further reading and adopt Resolution No. 92-37, approving a report under the "Special Assessment Investigation, Limitation, and Majority Protest Act of 1913", and fixing a date of hearing thereon, 4) waive further reading and adopt Resolution No. 92-38, approving a proposed resolution of intention and requesting consent and jurisdiction from the City of Indian Wells, 5) waive further reading and adopt Resolution No. 92-39, approving a proposed resolution of intention and requesting consent and jurisdiction from the County of Riverside. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. E. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. a) Report on Palmer CableVision Franchise. Mr. Yrigoyen noted the memos in the packets and offered to answer any questions. Councilman Wilson questioned the rebuild and installation of fiber optic cable and said he did not think the fiber optics would improve the Channel 2 signal from Los Angeles, which is weak when it gets here. Administrative Assistant Ray Janes responded that the fiber optic cable was a $35 million program over a five-year period. With regard to Channel 2, he said the signal used to come from Mt. Wilson and Cucamonga; now there is a new relay station in Riverside, which should improve reception. Councilman Wilson asked that his name be added to next meeting's list of cable complaints because of Channel 2 coming in with an inferior signal. Councilman Crites asked that the recommendations in the report be followed in terms of looking for a legal opinion in terms of our franchise agreement and also asked that the City Attorney look at rate schedules in terms of our ability to impact rate structures. Council concurred. 10 REGULAR PALM DESERT CITY COUNCIL MEETING * s * * s * * * s$- s * * * * * * * * * s s, `LAY 14, 1992 * * $ * s** * * * * * 2. Update on Tri-Cities Sports Facility. Mr. Diaz stated that as a result of the Environmental Impact Report comments and the public hearing, a new plan was done calling for four ball diamonds, elimination of the corporation yard, and inclusion of a date grove. He added that this new plan was considered by the Planning Commission at its last meeting and would be discussed tomorrow by representatives of Monterey Country Club, The Vineyards Homeowners Association, the Planning Commission, and the Parks and Recreation Commission. He said any vacation of Magnesia Falls Drive was not part of the plan and that it would have to come before the Council as a separate issue; however, staff was not recommending that it be done because of traffic issues. He said one of the conditions being placed on the Conditional Use Permit was that a $20,000 study be done to correct the lighting problems of the driving range and ball fields. He noted that subsequent to the meeting with youth sports groups, Planning Commission representatives, Parks & Recreation Commission representatives, and homeowner representatives, input would be given to the Planning Commission next Tuesday. If approved by the Planning Commission, the decision would be final unless appealed or called up by the Council. Councilman Crites said he had no problem with the fact that there are problems with the lights; however, he felt this problem was the College's, not the City's. The College did not come to us for advice, right or wrong. We did not have any part in the approval process, right or wrong. Mr. Diaz responded that this same information had been stated in meetings with residents, and the response was "who do we turn to?" He said staff felt it the issue can be resolved for $20,000 or less, the City should do so. With regard to the proposal to cut off access from Magnesia Falls, Councilman Wilson questioned what would happen if this street some day goes through and whether access would be permanently cut off. Mr. Altman noted that consideration had been given to putting in a gate that would not be used except for something like the 4th of July when it could be opened for people to park there Mr. Diaz added that it would not be closed off permanently. If we ever wanted to place access onto the park, we would have to go through the hearing process, but it could be done. Councilman Crites said he felt Council should make a decision about the street now and not wait until some time in the future. He suggested that the matter be placed on the Agenda for consideration. He said if we are not going to signalize both ends, it will not be a safe street, and we should consider vacating it and using that area as part of the park. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 * * * * * * * * * s s * s * s * * * * * * s s s * * * * * * * * * * * * * * Councilman Wilson said although he was concerned with the signalization problems, he did not think we should cut off our option to have another access point east/west in our city that may become necessary as our traffic increases. Mr. Altman stated that staff would prepare a report to Council on this issue of Magnesia Falls Drive. Councilman Wilson asked whether the ball fields would be built for the next season, and Mr. Diaz said he would guarantee it. 3. Status of Date Palm Grove. Mr. Altman stated that this would be included in the above plans but that the palm trees would be a mixture of sizes. Councilman Crites stated that as long as the 16 x 16 block of trees was uniform in size, he was not concerned with the remainder of the trees. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. DRAFT Li i t t,x EXPRESSING COUNCIL'S CONCERNS RELATIVE TO SB1538 (KOPP). Mr. Yrigoyen stated that staff had drafted a letter to Senator Presley expressing the City's concerns relative to this Senate bill. He distributed copies of the draft letter. Mr. Erwin stated that he would like the opportunity to review the letter before it is mailed. Councilman Crites moved to, by Minute Motion, approve the letter to Senator Presley, subject to review by the City Attorney. Motion was seconded by Snyder and carried by a 2-1-2 vote, with Councilman Wilson voting NO and Mayor Kelly and Mayor Pro-Tem Benson ABSENT. B. PETITION FROM RESIDENTS OF SAN MARINO CIRCLE FOR STREET CLOSURE. Mr. Folkers reviewed the staff report and recommendation and offered to answer any questions. MR. GEORGE BUEHL, 74-022 San Marino Circle, presented an alternate proposal to the Council for consideration. 12 REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * f MAY 14, 1992 * * * * * * * * * * * * Upon question by Councilman Crites, Mr. Buehl responded that most of the traffic generated was from people who want to go into the superblock, and they turn in at San Marino thinking they are turning into the superblock. Councilman Snyder said he felt Mr. Buehl's alternative was a good one, and he suggested continuing this matter for two weeks to allow staff to look into this and bring back a report. Councilman Wilson said he would like staff to seriously consider this as a possible sooution on a trial basis and move very quickly to implement. Councilman Wilson moved to continue this matter to the meeting of May 28, 1992, with direction to staff that if they see it as a possible solution, that they be geared up to move ahead immediately. Mr. Folkers noted that a public hearing would still be necessary to close the street. Mr. Erwin agreed. Councilman Wilson amended his motion to schedule a public hearing for June 1 lth, with direction to staff to bring back recommended solutions at the May 28th meeting so that Council can examine them in advance of the public hearing. Motion was seconded by Crites and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. C. CONSIDERATION OF SUNCREST MOBILE HOME PARK AND COUNTRY CLUB DRIVE INTERSECTION. Mr. Folkers reviewed the staff report and recommendation. Upon question by Councilman Crites, Association Transportation Engineer Seyed Safavian responded that two intersections (Lucky's Shopping Center and Suncrest Mobile Home Park/San Tropez Villas) were found to be appropriate for signalization, and staff recommended that the Suncrest intersection be selected as the first phase. Councilman Wilson questioned whether we should reevaluate the signal at Palm Desert Greens which has just one access point and said he felt we should look at the possible relocation of signalization. Mr. Safavian responded that staff had not looked closely at this intersection because the City has no control over it. Councilman Crites added that staff should also look very carefully at what will happen whenever anyone decides to develop the land at the northwest corner of Monterey and Country Club. MR. ERHARD BEFELD, owner of Suncrest Mobile Home Park, said they had County approvals and County funding and that he was financing the Park's part of this signal. He 13 MLNC TES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 * * * * * * * s * * * * * * s * * * * * * s * * * * * * * * * * * * * s * * said the City had originally indicated that if everything worked out, the City would pay 1/4th of the cost of this signal. He said he had no problem with having his residents wait a minute or two for the light to turn green so they can exit the Park if this will lessen the impact of the signal on the rest of the traffic; he just wanted to make sure they were protected by a signal. Councilman Crites stated that when this same type of situation was considered at Highway 111 before the Mervyn's center came in, a policy decision was made that we were not going to put another light in the middle of the block on Highway 111. Before any consideration about what would be developed, it was determined that it would be right turn in and right turn out only. He asked that staff look at the possibility of putting into the traffic plan now for the empty space on the north side of Country Club a restriction for right turn in and right turn out so we do not have to address the issue at a later date. Councilman Crites moved to, by Minute Motion: 1) Review and approve staffs overall plan to address traffic along Country Club Drive, 2) authorize staff to work with the County of Riverside and the affected area's property owners to address funding for signalization, 3) direct staff to make notations to the traffic plan that right turn in and right turn out is what will be viewed as appropriate on the vacant land on the north side of Country Club. Motion was seconded by Snyder and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. D. REPORT RELATIVE TO RB FURNITURE SIGNS. Mr. Erwin stated there was a memo in the packets from his office. He said basically the City cannot do anything about the signs. He said the City could go in and attempt to modify the court order; however, he felt this would be a waste of time. He suggested that we wait until June 30th because the court order indicated they would only be conducting business until that date. Council concurred, with direction to staff to look at the issue again on June 30th. E. REQUEST FOR CONSIDERATION OF HAYSTACK ROAD STRIPING CHANGES. Mr. Folkers asked that this matter be continued to the next meeting because staff had inadvertently neglected to notify those residents on Haystack who are interested in this matter. At the request of Councilman Wilson, Mr. Safavian reviewed the staff report and recommendation. Councilman Wilson said he felt what was being proposed for Haystack Road from Portola to Heliotrope was good and that he would like to see that idea continued all the way to Highway 74. He said the last time this was discussed, a resident kept referring to the turning lane as a passing lane; he subsequently drove up and down that street and found that it was true it was becoming a passing lane, and he felt it should be eliminated. 14 REGULAR PALM DESERT CITY COUNCIL MEETLNG * * * * * * * * * * * * * * * * * * * * * * * MAY 14, 1992 * * * * * * * * * * * * Councilman Snyder said that having a left turn lane for the entire street did not make sense to him when there are only a few streets to turn into. Councilman Wilson asked that staff reevaluate and bring back some proposals for the entire street. Councilman Snyder moved to continue this matter to the meeting of May 28, 1992, with direction to staff to come back with some additional options for striping changes. Motion was seconded by Crites and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Request from Palm Springs Desert Resorts Convention and Visitors Bureau for Loan to Cover Projected Shortfall. Mr. Altman reviewed the memo in the packets and offered to answer any questions. Councilman Crites moved to, by Minute Motion: 1) Approve the requested loan funds in the amount of $35,000, subject to the CVB Technical Advisory Committee recommendations, 2) Appropriate $35,000 from the unobligated general fund reserve. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. 2. Update on Ironwood Park Mr. Wohlmuth reported that construction drawings for Ironwood Park were currently being done by The Planning Center, with completion expected by the first week in July. He said the project would go out to bid in August and September, with construction to begin some time in October. He noted that the park would be 90% native plant, with less than one acre of turf. He offered to answer any questions. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), Existing Litigation (Rojo v. Palm Desert, Big Horn Research Institute v. Palm Desert re: Altamira, Shearson Lehman v. Palm Desert re: Wymer), (b), Threatened Litigation, and (c), Pending Litigation, and 54956.8, Real Property Transactions (Acquisition of property in Section 4 dealing with Mr. Carver; potential acquisition of 15-unit apartment project adjacent to the Joslyn Cove Senior Center - Los Pueblos Project). 15 1EL' UTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 * * * * * * * s s s s s * s * * s s * s * * * s s * s * * s * * * s * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites stated that a memo had been received today from Frank Allen relative the size of various signs in the City on political campaigns. He asked that this be referred to the City Attorney to find out whether we have any reason to be involved. 2. Councilman Crites asked that Planning staff bring to Council at its next meeting a brief written report on the new two-story building on the southwest corner of Fred Waring and Monterey Avenue and how it had been approved. 3. Councilman Wilson asked that staff prepare a report on the City Trails Committee, what it is doing now, and whether there are any proposals for next year's budget. o ON Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn to Closed Session at 6:07 p.m. Motion was seconded by Wilson and carried by a 3-0-2 vote, with Mayor Kelly and Mayor Pro-Tem Benson ABSENT. NOTE: MAYOR PRO-TEM BENSON ARRIVED AT 6:08 P.M. FOR CLOSED SESSION. Mayor Pro-Tem Benson reconvened the meeting at 7:05 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Following completion of the remainder of the Agenda, Council considered Items G and N of the Consent Calendar under the Consent Items Held Over portion of the Agenda. XVI. ORAL COMMUNICATIONS - C MS. CORA SALAS, 73-350 Royal Palm, Palm Desert, Southern California Softball, introduced girls who had been chosen to represent the United States in international softball competition in Europe this summr. She said eight of the girls were residents of Palm Desert and attended Palm Desert High School. She said their problem at this point was that there was no funding and that each of the girls needed to raise $3,300 to participate. She asked for Council's advice. 16 REGULAR PALM DESERT CITY COUNCIL MEETING * * * * * * * * * * - * * * * * * * * * * * * • NIA 14. 1992 * * * * * * * * * * * * MS. CAROL COX, Palm Desert High School Coach, said a fund-raising tournament was being planned for June 12-13 and that the girls would also be holding a car wash where they would get sponsors to donate funds. Councilmember Benson suggested that this group draft a letter and meet with Finance Director Paul Gibson to outline the program so that it can then be brought to the Outside Agency Contributions Committee for review. She said the City would work with this group to see what can be done to assist. Council concurred. MRS. RUTH GEIBERSON, 44-875 San Antonio Circle, Palm Desert, said she had addressed Council at its meeting of April 23, 1992, relative to petitions she had gathered from her neighbors who would be affected by the proposed commercial building on the east side of Monterey Avenue between Highway 111 and San Gorgonio. She asked that Council table the issue at this time and said she would bring the petitions to the Council at its next meeting. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE CIVIC ARTS COMMI'i'i EE TO FILL THE VACANCIES CREATED BY THE RESIGNATION OF ALEX YARON AND GAYLE THOMAS. Councilman Crites stated that the Nomination Committee had met and interviewed those applicants interested in serving on this committee. Councilman Crites moved to, by Minute Motion, appoint Patricia Power and Sharon Spiegel to fill the vacancies created by the resignations of Alex Yaron and Gayle Thomas. Motion was seconded by Wilson and carried by a 4-0-1 vote, with Mayor Kelly ABSENT. B. APPOINTMENTS TO THE PROMOTION COMMli'iEE. Mayor Pro-Tem Benson stated that the Nomination Committee was still interviewing applicants for appointment to the Promotion Committee and suggested that this matter be continued to the meeting of May 28th. Council concurred. C. PRESENTATION OF CERTIFICATES OF APPRZCIATION TO STUDENTS PARTICIPATING IN STUDENT GOVERNMENT DAY. Mayor Pro-Tem Benson noted there had been a change in scheduling and that Student Government Day would be held at the next meeting on May 28th. D. PUS1 NTATION OF P)YAOUES OF APPRECIATION FOR SPRINGFEST '92. Mayor Pro-Tem Benson presented awards to Committee members, sponsors, docents, and volunteers in appreciation of their efforts on behalf of the City during SpringFest '92. 17 MLNUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 : s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION AND PREZONING OF PARTS OF SECTIONS 19, 20, AND 29 T4S R6E, THE AREA SOUTH OF INTERSTATE 10, EAST AND WEST OF MONTEREY AVENUE, PC(3) (REGIONAL COMMERCIAL), SI (SERVICE INDUSTRIAL), AND PCD (PLANNED COMMUNITY DEVELOPMENT) TO FACILITATE THE ANNEXATION OF THE AREA TO THE CITY. Mr. Diaz reviewed the staff report, noting that this was the first step of annexing the area into the City. Mayor Kelly declared the public hearing open and invited testimony in OPPOSITION to this request. The following were opposed because of MR. TOM DODSON, representing three property owners within the proposed annexation area, said he was the environmental consultant for San Bernardino LAFCO. He said they were opposed to the prezoning and subsequent annexation at this time. He said property owners had been working with the County of Riverside to form a Community Facilities District, had prepared an Environmental Impact Report, and would be proceeding through the Riverside County Planning Commission. He said they had submitted a letter on March 15th which outlined significant impacts of the prezoning. He asked that Council either continue this matter until their projects get through the County planning process or send the matter back to staff and direct that an Environmental Impact Report be prepared. He added that if Council wishes to proceed with this, the affected property owners would like to have preannexation agreements with the City prior to the annexation. He noted that if the Council waits until the final Environmental Impact Report of Riverside County is certified, it could use that EIR in making future decisions and would not have to have staff prepare an EIR. MR. STEVE FORTNER, 1033 Cornell Drive, Burbank, said he represented Henry Melby, Trustee of the E.H. Fortner Testimentary Trust, owner of a 17-acre parcel in this area proposed for annexation into the City of Palm Desert. He reviewed the history of this parcel, noting that they had an approved map from the County of Riverside four years ago but had not been able to meet the conditions of the map because it was conditioned on their neighbor, Rancho Mirage Industrial Center, getting their map approved. Their map was approved, but then a lawsuit was subsequently filed by the City of Rancho Mirage. He said the County of Riverside gave no consideration on the amount of time that passed while the lawsuit between Rancho Mirage, the County of Riverside, and the Rancho Mirage Industrial Center took place. He said they have had to start all over again and pay double fees. He said although he would like to be in Palm Desert, at this point he just wanted to finish what they started with the County of Riverside. Mayor Kelly invited testimony in FAVOR of this request. None was offered, and he declared the public hearing closed. 18 tck,l,L LAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * $ Mr. Diaz stated that staff would analyze projects as they come. He said these gentlemen are going through the County, and staff will sit down with them with a preannexation agreement. With regard to Mr. Fortner's map, he said he felt this was an improper condition and that you cannot condition a tentative map on someone else's actions. He said staff still recommended continuing with this change of zone and noted that with the Sunrise property on Hovley, it took nine months to bring it into the City, and this was one property with no opposition. Councilman Snyder moved to waive further reading and pass Ordinance No. 683 to second reading. Motion was seconded by Wilson. Councilman Wilson commented that he was sympathetic to needs but said this process takes time, and we have taken a long time on it. He said the City had a track record of processing applicants and building facilities a lot more quickly than the County. Councilman Crites asked whether anything in this process would prevent the gentlemen from continuing to process their projects with the County. Mr. Diaz responded that there was nothing to prevent that and said that in some annexations in the past staff has assisted the applicants. Councilman Crites asked whether the City is obliged to follow any decision made by the County and, therefore, the applicant will not have to start over in this community. Mr. Diaz agreed based on past policy. Mayor Pro-Tem Benson called for the vote. Motion carried by a 4-0-1 vote, with Mayor Kelly ABSENT. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session at 8:15 p.m. to continue discussion begun earlier. Motion was seconded by Snyder and carried by unanimous vote of the Council. 19 NIL'MT TES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 14, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Benson reconvened the meeting at 8:45 p.m. and announced the following action: Los Pueblos Apartment Project Member Crites moved to authorize the Housing Authority to purchase this 15-unit apartment complex adjacent to the Joslyn Cove Senior Center. Motion was seconded by Wilson and carried by unanimous vote of the Agency Board. 74-600 Country Club drive Mr. Ortega announced that the City Council and Agency Board had discussed in Closed Session the purchase of this 40 acres. He said it would be purchased jointly by the Redevelopment Agency and Carver Management Company. He said a purchase price and terms and conditions had been successfully negotiated and asked that the Agency and Council approve the agreement before them. Upon motion by Wilson, second by Benson, the purchase agreement was approved by a 3-0-1 vote, with Councilman/Member Crites ABSTAINING. Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, Mayor Pro- Tem Benson adjourned the meeting at 8:55 p.m. to 12:00 p.m. on Tuesday, May 26, 1992, for review and discussion of the proposed fiscal year 1992-93 budget. ATTEST: �' , , _1/L,.;l� /Az-(,/i.u' SHEILA R. GILLIGAN, CIT CLERK CITY OF PALM DESERT JE M. BENSON, MAYOR PRO-TEMPORE 20