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HomeMy WebLinkAbout1992-10-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 8, 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 - Mayor Richard S. Kelly IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Ramon A. Diaz, ACM/Director of Community Development Richard Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Executive Director of Redevelopment Agency Paul Shillcock, ACM/Economic Development Director Paul Gibson, Finance Director/City Treasurer Pat Conlon, Building Director John Wohlmuth, Environmental Conservation Manager Frank Allen, Director of Code Compliance Dave Millheim, Human Resources Director V. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of September 24, 1992, and the Regular City Council Meeting of September 24, 1992. Rec: Approve as presented. B . CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Register Nos. 13, 14, 15, and 16. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by James L. Krieg for Alkobar Liquors, 73-510 Palm Desert Drive, Palm Desert, California 92260. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chris and Diane C. Paolini for That Sandwich Place, 74-860 Joni Drive, #A-1, Palm Desert, California 92260. Rec: Receive and file. E. CONSIDERATION OF A REQUEST FOR REFUND of Parking Citation No. PD4258 from Prior Year FY 1991/92 Funds. Rec: By Minute Motion, approve the refund of Citation No. PD4258 in the amount of $53.00 to Ms. Rita Reed. F. CONSIDERATION OF A REQUEST FOR REFUND of Business License No. 019751 and Home Occupation Permit No. 25-1625, "The Welcome Lady", for FY 1991/92. Rec: By Minute Motion, approve the request for refund of Business License No. 019751 in the amount of $30.00. G. REQUEST FOR RATIFICATION OF MAYOR'S APPROVAL of Councilman Buford Crites' Out -of -State Travel to Arizona in Conjunction with Michael Watling Contract for Signs. Rec: By Minute Motion, ratify the Mayor's approval and authorize payment of expenses from Account No. 110-4110-410-3120. H. LETTER FROM PALMER CABLEVISION Regarding City Council Action on Its Request for Station Location Changes. Rec: Refer to staff for report and recommendation. I. LETTER OF RESIGNATION from Carl Wehrli from the El Paseo Business Improvement Area Board. Rec: Accept the resignation with regret. J. CONSIDERATION OF APPOINTMENTS to the El Paseo Business Improvement Area Board to Fill Existing Vacancies. Rec: By Minute Motion, appoint James Struck to fill the vacancy created by the resignation of Bob Gibson and Meg Firestone to fill the vacancy created by the resignation of Carl Wehrli. Upon motion by Wilson, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Council. 2 *MINUTES REGULAR PALM DESERT "TY COUNCIL MEETING OCTOBER 8, 1992 * * * * * * * * * * * * * * * * * * * * * * * _ * * * * * * * * * * * * VI. ORAL COMMUNICATIONS - A GR EG AMMONS, Deputy Sheriff with the Riverside County Sheriff's Department, addressed Council relative to the Wish Upon a Star 10k walk/run scheduled for October 31, 1992, in the Civic Center Park. He said he had received an offer from someone who wished to bring in a hot air balloon for the day; it would not be flown in but would be set up to draw attention to the event and to attract people to the park. He asked for approval of a variance to the City's ordinance relative to inflating of balloons in or around the City and approval to have the hot air balloon in the park for this event. Upon question by Councilman Wilson relative to whether this item would need to be added to the Agenda for discussion before approval, Mr. Erwin responded that the request could be approved by consensus of the Council. Councilman Wilson moved to, by Minute Motion, grant the request. Motion was seconded by Benson and carried by unanimous vote of the Council. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 688 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING TITLE 24, ENVIRONMENT AND CONSERVATION, AND ADDING CHAPTER 24 .04 , WATER EFFICIENT LANDSCAPE ORDINANCE, TO THE PALM DESERT MUNICIPAL CODE. Mr. Wohlmuth noted that there had been several changes to the ordinance and that staff had worked closely with the Building Industry Association and Coachella Valley Water District to develop a sample plan which was attached as an exhibit to the ordinance. He added that there were also some minor typographical errors which had been corrected, and he recommended that the ordinance be passed to second reading. MR. ED KIB BEY, Building Industry Association, complimented Mr. Wohlmuth for his assistance in this regard. He stated that once this ordinance is adopted, he would be recommending to his organization that it be used as a model ordinance for other cities in the Valley. Councilman Crites moved to waive further reading and pass Ordinance No. 688 to second reading. Motion was seconded by Wilson and carried by unanimous vote of the Council. For Adoption: None IX. CONSENT ITEMS HELD OVER None 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION FOR AN EXISTING SIGN AT 74-991 JONI DRIVE, #9. Mr. Diaz noted that the appellant had requested a continuance of this item because neither he nor his attorney could be present at this meeting. However, he said staff would prefer that Council proceed with the matter at this time because the sign had been up for a year without a permit. He reviewed the staff report. He said staff's recommendation was that Council deny the appeal; however, if' Council wished to grant the continuance, staff would recommend that the red stripe be covered with either blue or white or that the sign be taken down until the matter is resolved. Councilmember Benson stated that holding the matter for 30 days would not change how she would vote on this request. She said everyone had worked hard on sign programs throughout the City. Councilman Crites stated that even though he did not think he would change his mind about the sign by continuing the matter for 30 days, he felt the appellant should be given the opportunity to make comments before Council makes its decision. Councilman Wilson moved to, by Minute Motion, continue this matter to the meeting of November 12, 1992, and instruct the appellant to immediately either 1) mask the red color on the sign with either white or blue or 2) take the sign down until such time as the matter is heard by Council. Motion was seconded by Crites and carried by a 4-1 vote, with Councilmember Benson voting NO. B. CONSIDERATION OF A REQUEST FROM SUNLINE TRANSIT AGENCY RELATIVE TO BUSINESS LICENSE FEES FOR TAXI OPERATORS. Mr. Allen reviewed the staff report, noting that Sunline had underestimated operating costs when considering this program last year. He said there would not be the same problem in future years because there would be no start-up costs, and he recommended waiver of the business license fees in the amount of $3,559.00. Mayor Kelly spoke as a Boardmember of Sunline and said the Agency had underestimated legal and start-up costs and at the present rate would not be able to recoup those costs. He agreed with the recommendation to waive the fees. Councilmember Benson questioned the letter in the packets from Chairperson Larson dated September 22, 1992, asking for waiver of future years' fees also instead of just for fiscal year 1992. Mayor Kelly responded that the request was not just to waive fees for this fiscal year but was to change the policy and waive that income in future years also. Councilman Wilson moved to, by Minute Motion, approve the request as stated in the letter from Sunline dated September 22, 1992, to forgive the fees for the last fiscal year in the amount of $3,559.00 and change the policy so that Sunline does not make that payment to the City in future years. Motion was seconded by Snyder and carriee—by unanimous vote of the Council. MINUTES REGULAR PALM DESERT 'Y COUNCIL MEETING OCTOBER 8, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * • * * * * * * C. CONSIDERATION OF A REQUEST FROM RIVERSIDE COUNTY FOR ADOPTION OF ITS GROWTH AND DEVELOPMENT MANAGEMENT STRATEGY PLAN. Mr. Altman noted the memo in the packets from Mr. Diaz recommending adoption of the resolution approving the plan and committing the City of Palm Desert to implementation. MR. ED KIBBEY, Building Industry Association, said he felt the title on the Agenda was incorrect and said it was not a request from Riverside County but was instead a request from CVAG for adoption of the plan. He noted that his understanding was that the County representatives were very much against this plan. He said it had been reviewed by the executive committee of Western Riverside Council of Governments (WRCOG) and was rejected for various reasons and sent back to staff for more work. Somehow it was then sent on to CVAG for the cities to consider without ever being cleared by the WRCOG executive committee. He said there were some basic problems with the plan, including the fact that it would put in another level of government that is not really required but will cost a lot of money, all of which would come from new fees to developers, as listed on pages 23 and 24 of the report. He said there was no way that the development community, in today's economy or tomorrow's economy, can afford any new fees, and certainly not the fees that would be charged under this plan. He added that this takes away all of the County's development abilities and, therefore, all of the associated fees, and the cities would be required to give up some of their fees to the County to overcome this deficit so the County can continue to work. He said he did not think there were many City Councils in Riverside County that would be willing to give up half of the fees they are collecting now to make up what the County does not get. Mr. Kibbey asked that the Council follow the lead of Desert Hot Springs and send the matter back to staff to look into all of these questions and comments instead of passing a resolution that backs a plan that has not been approved by the executive committee of the people who wrote it. Mr. Altman responded that he had sent a memo to the Council on October 2nd which he felt answered all of these questions. He said the growth management policy was something unilaterally done by the County. He said Councilman Snyder was the only representative from the Coachella Valley on the Committee, which consisted of the Mayor of Hemet, Mayor of Riverside, Mayor of Cathedral City, Councilman Snyder, City Manager of Corona, City Manager of Elsinore, City Manager of Cathedral City, City Manager of Palm Desert, County Supervisor Norton Younglove (Chairman of the Committee), County Supervisor Kay Ceniceros, the County C.A.O. , and the County Planner. He said they were not talking about paying any more fees; instead, the plan is saying that development should be in cities, not in counties, where the counties put things in and do not provide the services. Councilman Snyder stated that there were at least five items in the original plan with which he disagreed. He said there were also things to which the BIA objected, and the plan did not go through. A smaller committee was then asked to streamline the program. Mr. Kibbey stated that the BIA would like to have a growth plan and would like to be a part of the study of it; what it does not want, and what it feels WRCOG is asking for is blanket approval of this plan. He said all the BIA is asking is that 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the Council not just give it approval but send it back to staff to look into the comments and questions raised. Mayor Kelly noted that the resolution in the packets indicates that we will be working on all of these issues with WRCOG, CVAG, etc. Mr. Diaz added that staff has also looked at this very carefully. He noted that page 2 of the resolution indicates the City's commitment to growth control and cooperation with other cities in the Valley. Councilman Snyder moved to waive further reading and adopt Resolution No. 92-99, endorsing the cooperative policies for local governments articulated in the "Growth Management Strategy for Riverside County" and agreeing to participate in the cooperative process defined therein. Motion was seconded by Benson and carried by unanimous vote of the Council. D. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega noted that there is a new cable bill and that staff would be obtaining a copy to review to see what it means to the City. He added that staff would be coming back to Council with recommendations regarding the request for transfer of the franchise. 2. Status of Multi -Agency Library. Mr. Diaz stated that he had nothing new to report at this time. He noted that the architect was working on the alternatives for the proposed location of the library on the south side of the College entrance at San Pablo and that this would be before Council at its next meeting. 3. Update on Issues Raised at Joint Meeting with Rancho Mirage. Monterey Bike Lane Mr. Diaz stated that Palm Desert staff had discussed with members of the Rancho Mirage staff the issue of the Monterey bike lane. He said they would hesitant to recommend modification of their policy to have only Class 1 off-street bike lanes. He said he would be sending a letter to Rancho Mirage formalizing that and reminding them that we would like to have this situation resolved by November. Council agreed that the issue will not be resolved through letters and that it would be best for the Mayors and City Managers of both cities to sit down and discuss this matter. Mr. Altman added that a meeting had already been scheduled. Annexations Mr. Diaz stated that this issue is being worked out and that staff hoped to have some resolution at a later date. .......... 6 ....a.m.. MINUTES REGULAR PALM DESERT 'Y COUNCIL MEETING OCTOBER 8, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Other Developments on Monterey Mr. Diaz stated that it was anticipated that the formal application for zone change would be made some time in the next week or so and that our staff would be discussing it with Rancho Mirage staff. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF AGREEMENT (NO. C06890) FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE (11/01/92 - 10/20/97). (Continued from the Meeting of September 24, 1992). Mr. Altman asked that Council continue this item to the meeting of October 22, 1992, and said the City Attorney was working with County Counsel on this matter. Councilman Crites moved to continue this matter to the meeting of October 22, 1992. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. CONSIDERATION OF A REQUEST FROM PALMER CABLEVISION FOR RESCISSION OF RESOLUTION NO. 91-74, APPROVING TRANSFER OF THE FRANCHISE TO PALMER CABLE ASSOCIATES AND ADOPTION OF A NEW RESOLUTION APPROVING THE TRANSFER OF THE FRANCHISE TO COLONY CABLEVISION OF CALIFORNIA. Mr. Altman stated that staff was still working on this and asked that the matter be continued to the meeting of October 22, 1992. Councilman Crites moved to continue this matter to the meeting of October 22, 1992. Nlotion was seconded by Snyder and carried by unanimous vote of the Council. XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. CITY MANAGER None B . CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Sections 54956.9 (a), Existing Litigation (Rancho Mirage Industrial Park v. Palm Desert re: Annexation No. 30; Levald v. Palm Desert re: Indian Springs Mobilehome Park), (b), Threatened Litigation, and (c), Pending Litigation. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 8, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Banners on El Paseo Streetliahts Councilmember Benson moved to add this item to the Agenda for discussion. Motion was seconded by Wilson and carried by unanimous vote of the Council. Councilmember Benson reviewed the report and said she felt the installation of banners along El Paseo would add some color to the street and help make it a more exciting place to shop. She said the El Paseo Business Association had offered to install the necessary brackets for the banners. She added that she felt the City should take advantage of this offer and purchase a generic banner that would be used at all times except holidays and special events. Councilmember Benson moved to, by Minute Motion, appropriate funds in an amount not to exceed $7,500 and commit to the purchase and installation of brackets and a banner as shown in the report, contingent upon the El Paseo Business Association purchase of Christmas season banners for this year. Motion was seconded by Wilson and carried by unanimous vote of the Council. o City Council Committee Reports: 1. Councilman Crites distributed copies of a letter he had received from George Berkey, Jr. relative to preservation of the Santa Rosa Mountains (attached hereto and made a part hereof as Exhibit "A") . He said Mr. Berkey had worked for a number of years on a land exchange with the Bureau of Land Management, which had finally happened with support from the City of Palm Desert. He said 3,000 acres of land in the mountains had been put into public ownership. 2. Mr. Crites noted that he had photographs of some of the entrance rocks that are proposed for signage in the City of Palm Desert and said he would make them available for any of the Councilmembers who wished to look at them. 3. Councilmember Benson stated that she had attended the Coachella Valley 2000 Youth to Youth Conference held on September 26, 1992, in Indio. She said this event was to train youth leaders to go out and train their peers in staying drug -free. She added that the City of Palm Desert had sponsored 20 students for this event and had been presented with a Certificate of Appreciation for its efforts in this regard. XIV. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XV. PUBLIC HEARINGS None ••••••••.. 8 MINUIES REGULAR PALM DESERT ^ITY COUNCIL MEETING OCTOBER 8, 1992 * * • * * * * * t • * * * * * * * * * * $* • * * * • * * * • XVI. ORAL COMMUNICATIONS - D None XVII. ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session at 5:00 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 Council. Mayor Kelly reconvened the meeting at 5:30 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: N'IARY P. FR'ApER, DEPUTY CLITY CLERK CITY OF PALM DESERT, CALIFORNIA RIC AAD S. kELL , MAYOR - 9