HomeMy WebLinkAbout1993-05-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 13, 1993
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I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites
III. INVOCATION - Councilman Walter H. Snyder
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Richard S. Kelly
Councilman Walter H. Snyder
Mayor Pro-Tempore S. Roy Wilson
Mayor Jean M. Benson
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Mary P. Frazier, Deputy City Clerk
Carlos L. Ortega, ACM/Executive Director of Redevelopment
Ramon A. Diaz, ACM/Director of Community Development
Richard J. Folkers, ACM/Director of Public Works
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
Ken Weller, Emergency Services Coordinator
John Wohlmuth, Environmental Conservation Manager
Catherine Sass, Community Arts Manager
Councilman Kelly presented to Mr. Bill Bizzell, Chairman of the City's Recycle Committee, a
Certificate of Achievement for the City of Palm Desert Curbside Recycling Program. He said this
program had won first place in the Residential Recycling Category for the Riverside County
Recycling Awards on April 27, 1993, and this certificate had been signed by Supervisor Corky
Larson and Supervisor Melba Dunlap, Chairperson of the Solid Waste Management Advisory
Council/Local Task Force.
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1993
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V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of April 22, 1993.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 46, 47, 48,
and 49.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Thomas F. Kowalski for
Sandwiches Plus, 72-624 El Paseo, #C-7, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ansheng Liu and Hong Pu
for China Joe's, 73-091 Country Club Drive, #A-2, Palm Desert.
Rec: Receive and file.
E. CLAIM AGAINST THE CITY (#219) by Sanford King in the Amount of $80.00.
Rec: By Minute Motion, authorize the Claims Review Committee to negotiate settlement
in an amount not to exceed $80.00 subject to Claimant's execution of a Release of
All Claims.
F. CLAIM AGAINST THE CITY (#220) by Ralph L. Lundy in the Amount of $597.28.
Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the property
owner, 1758 Properties Ltd.; 2) direct the City Clerk to so notify the Claimant.
G. LETTERS OF RESIGNATION from Joan Towne and Tracie Philo from the El Paseo
Improvement Area Board.
Rec: Receive with sincere regret.
H. MINUTES of the El Paseo Improvement Area Board Meetings of March 18 and March 25,
1993.
Rec: Receive and file.
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I. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the Repair of the Lobby
Floor in the Administration Building of the Palm Desert Civic Center (Contract No. C07390).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
repair of the lobby floor in the Administrative Building.
J. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS, for Landscape Maintenance
for Assessment District Zone #9 and Assessment District Zone #10.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for
landscape maintenance for: 1) Assessment District Zone #9, The Grove (Contract
No. C07400); and 2) Assessment District Zone #10, Dinah Shore Medians
(Contract No. C07410).
K. REOUEST FOR APPROVAL of One -Year Extension of Contract with Sunshine Landscape
for Landscape Maintenance of Cook Street and Country Club Drive, Assessment Zone #5
(Contract No. C03150).
Rec: By Minute Motion, approve a one-year extension of the contract with Sunshine
Landscape (Contract No. C03150) for landscape maintenance of Cook Street and
Country Club Drive, Assessment Zone #5, in the amount of $60,600.00 ($5,050.00
per month).
L. REOUEST FOR APPROVAL of One -Year Extension of Contract with Sunshine Landscape
for Landscape Maintenance for the Haystack Greenbelt, Assessment Zone #2 (Contract No.
C03920).
Rec: By Minute Motion, approve a one-year extension of the contract with Sunshine
Landscape (Contract No. C03920) for landscape maintenance for the Haystack
Greenbelt, Assessment Zone #2, in the amount of $32,950.56 ($2,745.88 per
month).
M. REOUEST FOR APPROVAL of One -Year Extension of Contract with Environmental Care,
Inc. for Landscape Maintenance for Hovley Lane West, Assessment Zone #6 (Contract No.
C05520).
Rec: By Minute Motion, approve a one-year extension of the contract with
Environmental Care, Inc. (Contract No. C055201 for landscape maintenance for
Hovley Lane West, Assessment Zone #6, in the amount of $17,798.28 ($1,483.19
per month).
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REGULAR PALM DESERT CITY COUNCIL MEETING MAY 13, 1993
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N. AWARD OF CONTRACT for Construction of Traffic Signals at Cook Street and Merle
Drive and at Country Club Drive and San Tropez/Suncrest Intersections (Contract No.
C07200).
Rec: By Minute Motion: 1) Award Contract No. C07200 to Select Electric, Inc. for the
construction of traffic signals at Cook Street and Merle Drive (Project No. 566-93)
and at Country Club Drive and San Tropez/Suncrest intersection (Project No. 568-
93) in the amount of $213,167.00 plus a contingency of $21,320.00 and authorize
the Mayor to execute the agreement; 2) authorize the appropriation of $10,000 from
the Unobligated Signalization Funds to the Project Account No. 234-4272-422-4001
for the installation of the traffic signal at Country Club Drive and San Tropez.
O. AWARD OF CONTRACT for Design of the Extension of Cook Street from Frank Sinatra
Drive to the Terminus of the Interstate 10 Interchange Project Limit (Contract No. C07420).
Rec: By Minute Motion, award Contract No. C07420. to Robert Bein, William Frost &
Associates of Palm Desert for the design of the extension of Cook Street from
Frank Sinatra Drive to the terminus of the I-20 Interchange Project limit in the
amount of $60,700.00 plus a contingency of $6,100.00 and authorize the Mayor to
execute the agreement.
P. REOUEST FOR APPROVAL of Agreement with the County of Riverside for Signal
Maintenance and Street Striping (Contract No. C07430).
Rec: By Minute Motion, approve the agreement with the County of Riverside for
maintenance of traffic signals, safety lighting, and road striping (Contract No.
C07430).
Q. REOUEST FOR APPROVAL of Consultant Services Agreement for Development of a
Materials Recovery Facility (MRF).
Rec: By Minute Motion: 1) Approve the cooperative Coachella Valley Cities Agreement
with Valerie Lenz for MRF Consulting Services in an amount not to exceed
$7,427.00; 2) appropriate $7,427.00 from the Unobligated General Fund budget
reserve to the City recycling account.
R. REOUEST FOR CONSIDERATION of Country Club Drive Street Improvements.
Rec: 1) Waive further reading and adopt Resolution No. 93-34 declaring the need to
widen that portion of Country Club Drive on the north side from Washington Street
west approximately 1,540 feet; 2) waive further reading and adopt Resolution No.
93-35, setting a public hearing for the widening of the north side of Country Club
Drive along undeveloped property from Washington Street west approximately
1,540 feet as set forth in the Palm Desert Municipal Code, Chapter 12.20
(Ordinance No. 416).
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S. REOUEST FOR APPROVAL of Final Tract Map No. 27546 (Sterling Partners, Applicant).
Rec: Waive further reading and adopt Resolution No. 93-38, approving Tract Map 27546.
T. CONSIDERATION OF REOUEST from Eugene R. Kirkpatrick for Rehearing on Appeal of
Palm Desert Garden Apartments, 73-600 San Gorgonio, Palm Desert.
Rec: By Minute Motion, deny the request and direct the City Clerk to so notify the
appellant.
Upon motion by Kelly, second by Wilson, the Consent Calendar was approved as presented by
unanimous vote of the Council.
VI. ORAL COMMUNICATIONS - A
MR. DAVE HORLOCK, 74-080 Mockingbird Trail, Indian Wells, expressed gratitude to the City
Council for its willingness to install the barrier on Black Rabbit Road between Covered Wagon and
Setting Sun Trails. He submitted a petition signed by residents in the area in support of this traffic
control (on file and of record in the City Clerk's Office).
MR. JOHN LYNCH, 315 Desert Falls Drive East, expressed concern that the lights at the Palm
Desert High School fields were left on as late as midnight when no one is using them. He said he
felt this was a waste of energy and that it was something that had been happening for more than
two years.
Mayor Benson stated that this matter would be referred to staff.
MR. GERHART BEFELD, owner of Suncrest Country Club, thanked the Council and the City for
approving the signal at San Tropez/Suncrest. He said he felt this was something that would
improve public safety.
VII. RESOLUTIONS
None
VHI. ORDINANCES
For Introduction:
A. QRDINANCE NO. 716 - 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 SPEED ZONES (Country Club Drive Between
Eldorado Drive and Oasis Club Drive).
Mr. Folkers noted the report in the packets and offered to answer any questions.
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Councilman Snyder moved to waive further reading and pass Ordinance No. 716 to second reading.
Motion was seconded by Kelly and carried by unanimous vote.
For Adoption:
A. ORDINANCE NO. 713 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, TO PROVIDE A STANDARD FORMAT TO SECURE
SUB -STANDARD BUILDINGS DUE TO HEALTH AND LIFE SAFETY VIOLATIONS.
Mr. Altman noted that no changes had been made to this ordinance since its introduction, and
he recommended adoption.
Councilman Wilson moved to waive further reading and adopt Ordinance No. M. Motion was
seconded by Snyder and carried by unanimous vote.
B. ORDINANCE NO. 714 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP, BY CHANGING THE ZONE FROM PUBLIC INSTITUTION
TO PR-1 FOR 55 ACRES SOUTH OF THE LIVING DESERT, EAST OF PORTOLA
AVENUE (CASE NO. C/Z 93-1).
Mr. Altman stated that there had been no changes since introduction of this ordinance, and
he recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 714. Motion was
seconded by Wilson and carried by a 4-1 vote, with Councilman Kelly voting NO.
C. ORDINANCE NO. 715 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND LOWE RESERVE CORPORATION
PERTAINING TO FUTURE DEVELOPMENT OF A 48 LOT SINGLE FAMILY
SUBDIVISION ON 55 ACRES COMPRISING A PORTION OF A PROJECT KNOWN AS
"THE RESERVE" LOCATED EAST OF PORTOLA AVENUE, SOUTH OF THE LIVING
DESERT.
Mr. Diaz stated that a condition of approval from the last meeting involved the advertising
of the project. He said the condition would read as follows: " The developer will cause the
entry address of the Project to be located within the City of Palm Desert. Developer will
utilize the names of the City of Palm Desert as well as the City of Indian Wells in its
advertising." He said staffs concern was to make sure the City of Palm Desert was named.
Staff did not have a problem with the suggested wording and felt this would meet the intent
of the Council condition.
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REGULAR PALM DESERT 'TY COUNCIL MEETING MAY 13, 1993
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Councilman Crites stated he did not recall any discussion at all relative to including the name
of the City of Indian Wells in the advertising. He said he felt the condition should remain
as originally stated at the last meeting.
MR. LYNN CRANDALL, 43-645 Monterey Avenue, addressed Council on behalf of the
applicant. He said his recollection of the last meeting was that there were several changes
to be included in the development agreement, which he had revised and sent to Mr. Joy of
the Planning Department. He reviewed the changes per his letter of April 29th (on file and
of record in the City Clerk's Office), including the following suggested language relative to
the address of the project: "Developer will cause the street address of the Project to be
located within the City of Palm Desert and will utilize that address in its advertising." He
added that early today he had faxed to Mr. Joy the following language in lieu of the wording
in his April 29th letter: "Developer will cause the entry address of the Project to be located
within the City of Palm Desert. Developer will utilize the names of the City of Palm Desert
as well as the City of Indian Wells in its advertising."
Mayor Benson noted that not only was the street address to be in the City of Palm Desert,
but upon buildout, those 43 Palm Desert units would remain in Palm Desert and would never
be annexed to Indian Wells.
Mr. Diaz stated that wording could be added after Section 5.2 that these units cannot be
annexed to the City of Indian Wells.
Mr. Crandall stated that the developer has tried to do the right thing with this project but was
caught in the middle of a contest between two cities which is very painful in the sense that
it is hurting the progress of the project.
Councilman Wilson said he understood the situation the developer was in and empathized
with him. When the condition relative to the address was proposed at the last meeting, it was
basically to mitigate the traffic problems of the project. He said he felt the compromise
motion does that by making it clear that the address of the project is Palm Desert and that is
where people will drive to get to the project. However, he said it was also an attempt to
mitigate the years of frustration and hard feelings that were not the fault of this project but
were the fault of other projects and some proposed projects that were not built, such as
Sunterra, which was a massive project that was in the City of Indian Wells but one that
Indian Wells residents would have had to drive a mile out of their way to enter through Palm
Desert because there was no way to get to the project from Indian Wells. He added that he
could reluctantly live with the compromise language.
Mayor Benson said the Council knows this is a good project; however, the project is not the
problem. She said she felt that advertising the project as being in Indian Wells and Palm
Desert would only cause confusion with people not knowing exactly where it is located. She
said the City of Indian Wells had put together the entire financing package without talking
to the City of Palm Desert first. She added that she could see no reason to change the motion
as voted upon at the last meeting.
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Councilman Crites moved to waive further reading and adopt Ordinance No. Di, with the
additional wording to the development agreement as submitted by Mr. Crandall in his letter of April 29th,
and with the addition of language relative to the 43 Palm Desert units always remaining in Palm Desert and
never to be annexed to Indian Wells.
Councilman Wilson moved to amend the motion to include the substitute language as suggested by
Mr. Crandall relative to the address of the project. Motion died for lack of a second.
Mayor Benson seconded the motion by Crites. Motion carried by a 4-0-0-1 vote, with Councilman
Snyder ABSTAINING, as he was not present at the last meeting when this matter was discussed.
IX. CONSENT ITEMS HELD OVER
None
X. NEW BUSINESS
A. PRESENTATION BY ALI BABA, FOUNDER OF CLUB 74, AND ARCHITECT MARK
PENTZ RELATIVE TO POSSIBILITY OF BUILDING A RESTAURANT OVER THE
POND AT THE PALM DESERT CIVIC CENTER.
MR. ALIBABA FARZANEH, 39-902 Newcastle Drive, Palm Desert, explained his idea of
building a restaurant at the Civic Center, noting that he felt it would blend with existing
facilities such as the College of the Desert, YMCA, City Hall, and Sheriff's Department.
He stated that the design of the restaurant would attract people to the Park.
MR. MARK PENTZ spoke as the architect and showed a video of the Civic Center Park and
the proposed area for the restaurant, Terrace on the Lake.
Councilman Wilson asked what the seating capacity would be as well as the kitchen square
footage, and Mr. Pentz responded that the kitchen would probably be approximately 3,000
to 4,000 square feet, and the restaurant would probably seat between 100 and 200 people.
Councilman Wilson asked Alibaba whether he was proposing a joint venture with the City.
Alibaba responded that at this time he was proposing only the idea of a restaurant; the size,
location, etc. was very premature at this point in time, and whether it would be a joint
venture was still open for discussion. He said he was only interested in finding out whether
the Council would consider such a project.
Councilman Kelly asked whether we would have to put this out for an RFP in order to give
other people an opportunity to bid. Mr. Altman responded that if the Council is interested,
it could enter into an exclusive right to negotiate with Alibaba because they are interested in
protecting the copyright the document. He said the Council could negotiate up to a point and
enter into a development agreement to see if this is what we want and under what conditions.
Mr. Erwin agreed.
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Councilman Snyder stated that he felt before Council rushes into any decisions it should turn
the matter over to the City Manager to form a committee to look into the concept.
Councilman Crites stated his first thought when he heard about putting a restaurant in the
park was that this would be some kind of free-standing building sticking up out of the park,
and this was fairly appalling to his sensitivities; however, he said he should have known with
Alibaba being a part of this proposal that it would not look that way. He said while he did
not have an opinion as to whether or not this is something that should be done, he felt this
was the type of thing the Council should look at, especially if it is something that enhances
the quality of the park.
Councilman Crites moved to, by Minute Motion, refer this matter to the Civic Center Steering
Committee for review. Motion was seconded by Kelly and carried by unanimous vote of the Council.
B. REOUEST FOR CONSIDERATION OF DEEP CANYON ROAD AND HIGHWAY 111
INTERSECTION AREA MASTER PLAN.
Mr. Folkers reviewed the staff report and recommendation.
Mayor Benson expressed concern that there would be three lanes in each direction on
Highway 111 and then it would go down to two lanes in Indian Wells since they consistently
maintain that they will not have three lanes through their city..
Mr. Folkers responded that the City of Indian Wells has indicated they would be willing to
go with three lanes up to Cook Street.
Mr. Seyed Safavian, Associate Transportation Engineer, reviewed the proposed plan and
offered to answer any questions.
Councilman Wilson asked what would happen to the parking for the area on the north side
frontage road where the only entrance is DeAnza. Mr. Folkers responded that staff was
working with the developer on this.
Upon question by Councilman Snyder, Mr. Folkers responded that Mr. Ortega had been
discussing this matter with the property owners in the area and that staff would also be
contacting the owner of Smokeys as we go along.
Councilman Kelly moved to, by Minute Motion, approve the report and recommended concept plan
and authorize staff to include the plan in the overall Highway 111 Corridor Improvement Plan. Motion was
seconded by Snyder and carried by a 4-1 vote, with Councilman Crites voting NO.
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NOTE: The remaining items were considered at the 7:00 p.m. portion of the meeting.
C. RREOUEST FOR CONSIDERATION OF HIGHWAY 111 FRONTAGE ROAD ACCESS
MODIFICATIONS.
Mr. Folkers reviewed the staff report. Associate Transportation Engineer Seyed Safavian
reviewed the various locations outlined in the report.
a) San Pablo Avenue and Hiehwav 111
Mr. Safavian stated that the plan for this intersection was to extend the median on
the north side of San Pablo so that traffic will not be able to turn left onto the
frontage road, nor will it be able to turn left from the frontage road onto San Pablo.
Councilman Crites said he felt this was a bad situation to make traffic turn right
onto San Pablo from the frontage road, go down San Pablo a bit, and then have to
make a u-turn in order to be able to then turn right onto Highway 111 to travel
westbound.
Mr. Folkers stated that staff could come back with more detailed plans to take these
concerns into account.
Councilman Wilson stated that historically what was being proposed does work.
He said this had been done in the past and that it was opened back up again after
vehement protest from the public.
Councilman Snyder stated he felt this needed to be closed as quickly as possible
because it is a very dangerous area.
Councilman Kelly said he felt the traffic volume now is considerably more than
when the area was opened up last time and that he was willing to close it again.
Councilman Wilson suggested that before anything is done, staff should hold block
meetings with all of the merchants in the area to let them know what will be done.
He added that this was one of the worst mistakes in 1978 when the intersection was
first modified.
Mr. Folkers stated that one of the reasons for the concern in moving forward is that
we have a CalTrans grant that would cover a lot of this, and the larger the project,
the more funds we will get from CalTrans.
b) San Luis Rev and Hiehwav 111
Mr. Safavian stated that this was similar to the San Pablo/Highway 111 intersection
but with substantially less traffic volume.
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Councilman Crites questioned why anything needed to be done at this intersection
since there is considerably less traffic and no steep incline like that at San Pablo.
Mayor Benson agreed and suggested that this intersection be left alone.
Councilman Kelly moved to, by Minute Motion: 1) Direct staff to move forward with modifications
as proposed for the intersection of San Pablo and Highway 111 after holding informational meetings with
merchants in the area; 2) direct staff to take no action to modify the intersection of San Luis Rey and
Highway 111. Motion was seconded by Crites and carried by a 4-1 vote, with Councilman Wilson voting
NO.
Councilman Crites asked whether this vote was just to authorize staff to go ahead with the
planning and was not to go ahead with construction.
Mr. Folkers responded that it authorized staff to proceed with construction; however, staff
will bring the plans back to Council to show what will be done. He said if this is not out to
bid by June 30, 1993, the City will lose State funding. He said he hoped to have something
to bring back to Council by the next meeting.
D. REOUEST FOR CONSIDERATION OF HIGHWAY 111 AND PORTOLA AVENUE
INTERSECTION IMPROVEMENTS.
Mr. Safavian reviewed the staff report and offered to answer any questions.
Upon question by Councilman Kelly, Mr. Folkers responded that the southwest corner was
not part of this project.
Councilman Crites expressed concern with the efficiency of the intersection and said if this
is done as proposed, you would have to run the traffic on one entire side at one time and then
the other side.
Councilman Kelly stated he felt there should be two left turn lanes as well as two lanes for
through traffic.
Councilman Wilson moved to, by Minute Motion: 1) Approve the plan as prepared by the
consultant; 2) authorize the City Clerk to advertise and call for bids for the construction of the project
(Contract No. C07440). Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Crites
voting NO.
E. INFORMATIONAL ITEMS:
1. Colony CableVision of California Update.
Mr. Ortega noted the report in the packets relative to complaints received during the
period April 14 - May 3, 1993.
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Upon question by Mayor Benson, Mr. Ortega responded that staff had sent the City's
franchise agreement as well as copies of all correspondence with Colony to our
attorney who will be preparing a report for Council.
2. Community Development Block Grant (CDBG) Designation as a Metropolitan City.
Mr. Ortega reviewed the memorandum in the packets and offered to answer any
questions.
3. Various Concrete Surface Treatments.
Mr. Folkers reviewed the memorandum and offered to answer any questions.
4. Anti -Graffiti Program.
Mr. Allen reviewed his staff report dated May 13, 1993. He noted there was an error
on Page 2 relative to damages, which should read as follows: "Abatement damages
of $500 to result in incarceration of one day for every $100 in damages in excess of
$500; abatement damages in excess of $5000 would be filed as a felony." He said
this felony would result in a fine of approximately $10,000 and possible incarceration
in the State prison. He added that at the next Council meeting he will present the
graffiti ordinance that would tie into this program.
Councilman Wilson said he wished to pass along a comment from a colleague at the
College of the Desert who suggested that perhaps we should begin graffiti education
in the early school ages and have programs that tell about the value of citizens and
how nice it is to keep a community clean. He said perhaps school children can make
a pledge that they will not do graffiti, and if they see any graffiti they will report it.
He added that he would get more information to Mr. Allen and also have his
colleague talk to Mr. Allen.
XI. CONTINUED BUSINESS
A. REOUEST FOR APPROVAL OF RATIFICATION OF RESOLUTIONS DECLARING A
STATE OF LOCAL EMERGENCY.
Mr. Altman stated that this item will appear on each City Council Agenda until such time as
we receive funds from the Federal Government.
Councilman Wilson moved to, by Minute Motion, ratify the adoption of Resolution Nos. 93-25 and
93-37. Motion was seconded by Snyder and carried by unanimous vote of the Council.
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XII. OLD BUSINESS
A. REOUEST FOR CONSIDERATION OF AMENDMENT TO THE PALM DESERT
MUNICIPAL CODE RELATIVE TO CONSTRUCTION DEBRIS COLLECTION.
Mr. Altman stated that Council had previously asked that staff and the City Attorney prepare
two different ordinances. One ordinance would amend the Palm Desert Municipal Code to
make construction debris an exclusive service provided by our solid waste and recycling
franchisee (Ordinance "A" for clarification purposes); the other would amend the Municipal
Code to include a provision for the City to set and collect an annual fee equal to 8% of the
charges for service within the City for hauling construction debris (Ordinance "B" for
clarification purposes).
Councilman Crites asked whether any additional correspondence had been received from local
businesses that have debris hauling or from any other groups relative to this matter. Mr.
Wohlmuth responded that he had not received any correspondence since March; however, he
had received telephone calls from several businesses in the community, both in favor of and
opposed to making it an exclusive service.
Councilman Kelly stated that because of the problems and due to the fact that the City will
have to make decisions in the near future relative to mandatory recycling, etc., he would be
in favor of approving Ordinance "A" and making construction debris an exclusive service
provided by the solid waste and recycling franchisee.
Councilman Wilson said he believed that competition was healthy as long as there is an even
playing field, which he felt would be provided by Ordinance "B" to require everyone to pay
a franchise fee.
Mayor Benson agreed.
Councilman Kelly moved to waive further reading and pass Ordinance No. 717 to second reading,
amending the Palm Desert Municipal Code to make construction debris an exclusive service provided by
our solid waste and recycling franchisee. Motion was seconded by Kelly and carried by a 3-2 vote, with
Councilman Wilson and Mayor Benson voting NO.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Authorization to Advertise and Call for Bids for Curb, Gutter, and Cross Gutter
Repairs (Contract No. C07450).
Mr. Altman stated that this item had come up after the Agenda was posted.
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Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Kelly and carried by unanimous vote.
Mr. Folkers reviewed the report and recommendation.
Councilman Wilson moved to, by Minute Motion, authorize the City Clerk to advertise and call
for bids for the subject project. Motion was seconded by Crites and carried by unanimous vote.
2. Mr. Altman reported that Mr. Ortega had spend the last few days in Sacramento
trying to figure out what they are going to do next. He said there were several things
being considered, including: 1) taking half the sales tax; 2) taking one-third of the
property tax; 3) taking all of the DMV monies. He said he just wanted to let Council
know that we should be prepared to go up to Sacramento and fight these things.
Mr. Ortega added that staff had been in close contact with Julie Bornstein and David
Kelley. He said Assemblywoman Bornstein was on the Assembly Committee on
Housing and Community Development, which had a hearing yesterday and discussed
the impacts of the State budget on Redevelopment. He added that staff also presented
testimony at that hearing. He noted that staff was tracking several bills that would
impact the City: 1) A bill requiring that we share sales tax if there is a project
approved in a Redevelopment project area; 2) A bill that was defeated in the Senate
Local Government Committee that would require a hearing and vote on any new or
increased assessments.
3. Thrush Road Drainage
Mr. Altman noted that this item had come up after the Agenda was posted.
Councilman Crites moved to add it to the Agenda for discussion. Motion was seconded by Kelly
and carried by unanimous vote.
Mr. Diaz reviewed the staff report, noting that Councilman Crites had expressed
concern that drainage from certain areas in the Cahuilla Hills was not going into the
Palm Valley Channel and was eroding the unpaved roadway on the west side of the
Channel. He said staff's recommendation was that Council instruct it to meet with
the Coachella Valley Water District to look at potential solutions, estimated costs,
responsibility, and methods of financing. Staff would then come back to Council as
soon as possible with a report.
Councilman Wilson moved to, by Minute Motion, direct staff to proceed as outlined in the staff
report. Motion was seconded by Snyder and carried by unanimous vote.
B. CITY ATTORNEY
None
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Request for Consideration of "October Splash" - Palm Desert Aquatics Team
(Mayor Jean M. Benson).
Mayor Benson stated that Maria Netherton had brought this to her and asked
whether the City would promote the "October Splash" which would be
advertised as the City of Palm Desert and the Palm Desert Aquatics Team.
She said there were several cities in Southern California that had done the
same, and this group had been performing for a number of years and never
had any recognition. She said they would do the work, promote the event, do
the mailings, get the participants, get the hotel package, etc.; the City would
do the same as it has done in the past with The Phoenix Challenge and pay for
the trophies for the event.
Councilman Kelly moved to, by Minute Motion, direct the City Manager to add $2,000 to the FY
1993-94 Budget, Account No. 110-4416-414-3060, to pay for the trophies for this event. Motion was
seconded by Crites and carried by unanimous vote.
2. Master Parking I..ot Tree Plan (NOTE: This item was presented to the City
Clerk's Office after the Regular Agenda had been copied and posted. It was
presented on an Agenda Addendum and posted within the 72-hour posting
requirement).
Mr. Altman noted the memorandum from Mr. Diaz and stated that this was an
information item for the Council.
o City Council Committee Reports;
1. Certificate of Achievement for City of Palm Desert Curbside Recycling
Program (Councilman Richard S. Kelly).
This certificate was presented to Mr. Bill Bizzell at the beginning of the
meeting.
2. Report Relative to Odyssey's End - Gisborne The Year 2000 New Zealand
(Mayor Jean M. Benson).
Mayor Benson reported that there was an organization called "Odyssey's End"
which had made a presentation to the Sister City Committee and presented the
City of Palm Desert with an honorary membership in Club Odyssey's End.
She said the group had not made any request of the City for funding. She
noted they had submitted in their packet a time capsule form which they
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wanted the City of Palm Desert to complete and return by December, 1998.
She said we needed to have people make suggestions as to what should go into
the time capsule from the City of Palm Desert.
Councilman Crites added that Gisborne, New Zealand, was going all out to
advertise itself as being the first city to see the beginning of the 21 st Century.
3. Mayor Benson reported that she had attended the Southern California Sister
Cities meeting with John Wohlmuth and Doug Simmons. She said there were
a lot of things the City of Palm Desert needed to look at if it was going to be
involved in the program. She added that she had information which she would
distribute to the Council.
4. Mayor Benson reported that she had attended the Future of Coachella Valley
seminar. She said the first day was Ted Graber and reinventing government
and dealt with his book and what he sees is wrong with the governmental
system today. She said the second day was Senator David Landis from
Nebraska on the art of negotiations, which had good information on how the
cities could work together to make the Coachella Valley a better place in many
areas.
5. Mayor Benson reported that she and Councilman Kelly and represented the
City of Palm Desert on a float in the Riverside Centennial Parade recently.
She said the City's float looked very nice with the wording "Golf Capital of
the Coachella Valley" on it.
Councilman Kelly expressed appreciation to Mr. Shillcock for this outstanding
job he did to make sure the float looked great.
XIV. ORAL COMMUNICATIONS - B
None
With Council concurrence, Mayor Benson adjourned the meeting at 5:15 p.m. She reconvened the
meeting at 7:00 p.m.
Palm Desert High School Students Convened a Mock City Council Meeting at 5:15 a.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Item C of New Business through Council Reports and Remarks were considered following Awards,
Presentations, and Appointments. See those items for Council discussion and action.
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XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF ADDITIONAL AWARDS TO WINNERS OF THE 1993 STUDENT
ART & ESSAY CONTEST.
Dr. Carole Hartle of Palm Desert High School accepted the awards for students Bryon
Burkett and Marty Stephen.
Mayor Benson also presented awards to four Lincoln School classes: Mrs. Ewing's 3rd grade
class, Mrs. Flanagan's 4th grade class, Mrs. Killebrew's 5th grade class, and Mrs. Weeks'
5th grade class.
B. PRESENTATION TO DR. MIKE JONES, PRINCIPAL OF PALM DESERT HIGH
SCHOOL.
Mayor Benson noted that Dr. Jones had already left the Valley to accept a position in Indiana.
She said the City would make sure he receives his plaque of appreciation.
C. PRESENTATION OF CERTIFICATES OF APPRECIATION TO STUDENTS
PARTICIPATING IN STUDENT GOVERNMENT DAY.
Mayor Benson presented certificates of appreciation to the following students: Mayor Jamille
Coulter; Mayor Pro-Tempore Mark Pages; Councilmembers Jessica Isen, Jennifer Coate, and
Ben Francois; City Manager Brian Pearce; City Attorney Peter Smith; City Clerk Tracy
Brown; Police Chief Heath Scarinci; Fire Chief Jason Bianco; Public Works Director John
McGowan; Planning Director Nikeidra Shegog; Economic Development Director Joan Heron;
Redevelopment Director Steffany Hoos; Code Compliance Director Cory Yount; Finance
Director Sheila Casey; Human Resources Director Lisa Shorter; Building and Safety Director
Kim Cargill; Environmental Conservation Manager Tiffany Friedli; Emergency Services
Coordinator Curtis Miles; Community Arts Manager Livnat Cohn; and General
Services/Purchasing Officer Randi Brazier. She thanked the students for participating in this
year's Student Government Day.
XVIII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF BINGO PERMIT (KIWANIS CLUB OF PALM DESERT,
APPLICANT).
Mr. Allen reviewed the staff report and recommendation for approval.
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Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request. None was offered, and she declared the public hearing closed.
Councilman Wilson moved to, by Minute Motion, approve the request of the Kiwanis Club of Palm
Desert to conduct Bingo games at 73-750 Catalina Way, Palm Desert (Joslyn Cove Communities Senior
Center), in compliance with stated terms and conditions on the application. Motion was seconded by Kelly
and carried by unanimous vote.
B. REOUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT, A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY
RESIDENTIAL TO OFFICE PROFESSIONAL, A CHANGE OF ZONE FROM R-1 TO
O.P., A PRECISE PLAN, A SETBACK VARIANCE, AND A PARKING LOT VARIANCE
FOR A 4,600 SQUARE FOOT ONE-STORY OFFICE BUILDING AT THE SOUTHEAST
CORNER OF FRED WARING DRIVE AND SAN LUIS DRIVE (FRANK MILLER,
APPLICANT), Case Nos. GPA 93-2. C/Z 93-2. PP 93-2. and VAR 93-1 and 93-2.
Mr. Diaz reviewed the staff report, noting that this involved three lots on the south side of
Fred Waring between San Luis Drive and Acacia Drive. He said the change of zone had not
been done before now because the City was waiting for a project to be proposed. He noted
that the Architectural Review Commission had approved the design, and the Planning
Commission had unanimously recommended approval of the project to the Council. With
regard to the parking variance, he said what was being requested was modification of the
parking stall depth from 20 feet to 19 feet, which is consistent with the parking at Presidents'
Plaza.
With regard to the south property line where the parking will be located, Councilman Crites
asked what was being done for the property directly adjacent; he said he did not see any
landscaping and that it looked as if there would be nothing but a blank wall with a parking
lot on the other side.
Mr. Diaz responded that Council could require that the developer install some landscaping
and trees along the site.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of this project.
MR. JOHN COTY, Project Architect, stated that the site is very tight and that the wall in
question was a six-foot wall along a side yard of the residence. He said he did not know how
they could get some tree wells in there; however, he said they might be able to put in some
hedging.
Mayor Benson invited testimony in OPPOSITION. No testimony was offered, and she declared
the public hearing closed.
Mr. Diaz stated that if Council wished, it could approve the general plan amendment, change
of zone, and precise plan, with a City Council condition on the precise plan that the neighbor
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to the south shall acknowledge that they have seen the plans and do not have a problem with
them.
Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. la to second
reading, approving C/Z 93-2; 2) waive further reading and adopt Resolution No. 93-39, approving GPA 93-
2, PP 93-2, and VAR 93-1 and 93-2, subject to conditions, including a City Council condition that the
neighbor to the south shall acknowledge that they have seen the plans for the project and do not have a
problem with them. Motion was seconded by Wilson and carried by unanimous vote.
C. REQUEST FQR CONSIDERATION OF CONSOLIDATIONS, ANNEXATION, AND
PRELIMINARY ANNUAL LEVY REPORT FOR PALM DESERT LANDSCAPE AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICTS, FISCAL YEAR 1993-94.
Mr. Folkers reviewed the staff report, noting that this public hearing was the result of
changes to the Streets and Highways Code in January, 1993, which required that all property
owners within a district that have a new or increased assessment must be provided a 45-day
written notice prior to an assessment levy. In addition, the legislative body must conduct an
additional hearing where property owners are provided an opportunity to comment on the
district report. He stated that this was the hearing for comments and that no Council action
was required at this time.
Mr. Folkers noted that the report from Muni Financial _Services was excellent and
comprehensive. In addition, a brochure was sent out to residents explaining the whys and
hows of the assessment districts.
Councilman Wilson said he felt the brochure was nicely done and asked who had designed
it. Mr. Folkers responded that it was done through Muni Financial Services.
Councilman Crites agreed with Wilson and said the brochure was something that people can
read without having to go through a lot of material. He said it was well designed,
informative, and not filled with technical language that is difficult to understand.
Mayor Benson declared the public hearing open and invited testimony from the public.
MR. H. A. FREET, 75-575 Dempsy Drive, Palm Desert, stated he lived in the Primrose
development and asked what sort of cost controls the City was going to maintain on the
landscaping so that it does not become a "runaway item". He said he felt government had
become too greedy.
Mr. Folkers responded that City staff does an annual review of costs for the particular areas
or zones to see what it has cost the City to maintain that landscaping. Another factor that is
considered is cost of living, which in the past year (March 1992 to March 1993) was 3 % .
He added that in the past the City has not increased the levy more than the cost of living
increase.
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Mr. Freet asked whether this policy was in writing. Mr. Erwin responded that he did not
believe it was in writing at the present time but that Council could do so if it wished.
Councilman Crites noted that the City has a long history of not exceeding the cost of living
increase; however, it is a policy that the Council could change, even if it were in writing.
He said the residents' best protection is that they are living in a city that for a long time has
done its best to make sure it does not do anything that costs more than is reasonable.
Mr. Altman added that all the City is doing is trying to recover its costs to maintain the
landscaping, and the Council will not change things without going out and talking to the
people. He suggested that staff prepare a report explaining the criteria used in determining
the cost for these districts. Council concurred.
MR. JAMES TALLIS, 40-875 Centennial, stated he had been a resident of Palm Desert for
only three weeks. He expressed concern that the maintenance district was not imposed on
the church on Hovley Lane nor on any other residences except Hovley West.
Mr. Folkers responded that the only assessments included are for developments that came to
the City before the units were sold out or when a developer was building a project and asked
for an assessment on it. He said the church and others have the option of doing the landscape
maintenance themselves. In this case, when the development took place, the developer
requested that an assessment district be formed for it.
Mr. Tanis added that he felt his assessment amount of $338.50 per year was far too much
considering the City is only paying 3 % for its annual increase.
Councilman Crites stated that the assessment district only exists to recoup the cost of
maintaining the landscaping adjacent to the public street in front of the development. The
levy amount per parcel is determined by dividing the total cost by the number of homes in
that development.
Mr. Folkers added that if the residents wish, they may form an association and to their own
maintenance. The City would then drop them out of the program.
With no further testimony offered, Mayor Benson declared the public hearing closed.
No Council action was necessary or taken on this matter.
XIX. ORAL COMMUNICATIONS - D
None
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s s s s s s$ s s s s s s s s s s s s s s s s b s s* s s* s s s s s$
XX. ADJOURNMENT
Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Benson
adjourned the meeting at 8:45 p.m. to 2:00 p.m. on Wednesday, May 26, 1993, for a Budget session.
ATTEST:
(L1./
MARY P. •iy ZIER, DEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
21
-.--- ik I :,,Li v '%------
AN M. BENSON, MAYOR