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HomeMy WebLinkAbout1994-01-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson convened the meeting at 4:05 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Bruce A. Altman City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Carlos L. Ortega, ACM/Director of Redevelopment Agency Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Dave Millheim, Director of Human Resources Paul Gibson, Director of Finance Wayne Ramsey, Acting Director of Code Compliance Pat Conlon, Director of Building and Safety Phil Drell, Acting Director of Community Development Catherine Sass, Community Arts Manager Larry McAllister, General Services Director Ken Weller, Emergency Services Director John Wohlmuth, Environmental Conservation Manager MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of December 20, 1993. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE 1TY TREASURY - Warrant Nos. 25A, 26, 27, 28, and 29. Rec: Approve as presented. C-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Flora Fantasy, Inc. for LeDonne, Cucina & Italian, 72-624 El Paseo, #C-7, Palm Desert. Rec: Receive and file. C-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Flying J, Inc. for Flying J, 72-300 Highway 111, Palm Desert. Rec: Receive and file. C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Main St. California, Inc. for TGI Friday's, 72-620 El Paseo, Palm Desert. Rec: Receive and file. C-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hotel of Distinction California, Inc. for Sonoma Grill, 74-700 Highway 111, Palm Desert. Rec: Receive and file. C-5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jillian's Restaurant, Inc. for Jillian's, 74-155 El Paseo, Palm Desert. Rec: Receive and file. C-6. APPLICATION FOR ALCQHOLIC BEVERAGE LICENSE by Ignacio Castell DelRio and Jenell Louise Fontes for La Taqueria, 72-286 Highway 111, #J5, Palm Desert. Rec: Receive and file. 2 REGULAR PALM DESERT CITY COUNCIL JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s C-7. APPLICATION FOR ALCHOLIC BEVERAGE LICENSE by Ignacio DelRi0 and Jenell L. Fontes for La Taqueria, 72-840 Highway 111, Suite 353, Palm Desert. Rec: Receive and file. C-8. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Host International, Inc. for Host International, Inc., 74-855 Country Club Drive, Palm Desert. Rec: Receive and file. D. CLAIM AGAINST THE CITY (#238) by Dawn M. Catalano in the Amount of $298.44. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY (#239) by S. Leslie Marchetti in the Amount of $283.84. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. F. CLAIM AQINST THE CITY (#240) by Holly Ilminen in the Amount of $635.00 to Date. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. G. CLAIM AGAINST THE CITY (#241) by Melinda G. Samuelson in the Amount of $1,870.00 to Date. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. H. CLAIM AGAINST THE CITY (#242) by Graigory Allen Dunham in the Amount of $990.00 to Date. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. I. Lt' izg1 OF RESIGNATION from Robert T. Rottschaefer, M.D., as the City's Representative to the Coachella Valley Mosquito Abatement District. Rec: Accept with sincere regret. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REOUEST FOR APPROVAL of Six -Month Plan Check Extension for the Mack Residence Located at 73-150 Loma Vista (Susan Mack, Applicant). Rec: By Minute Motion, approve a 180-day (six-month) plan check extension for the above residence to expire on June 30, 1994. K. REQUEST FOR APPROVAL of Six -Month Plan Check Extension for Indian Ridge Country Club (Sunrise Company, Applicant). Rec: By Minute Motion, approve the request for plan check extension through June 15, 1994. L. RESOLUTION NO. 94-1 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (November, 1993). Rec: Waive further reading and adopt. M. REOUEST FOR APPROVAL of Budget Adjustment for Temporary Help. Rec: By Minute Motion, authorize the appropriation of $45,500 from unobligated general fund reserves for temporary help related to a maternity leave and continuation of the student work program in account number 110-4154-415-3035 through the end of FY 93/94. N. REQUEST FOR ACCEPTANCE OF WORD for Washington School Sidewalk Project (Contract No. C08050). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. O. REQUEST FOR AWARD OF CONTRACT for Highway 111 and Sage Lane Improvements (Contract No. C07480; Project No. 630A). Rec: By Minute Motion, award Contract No. C07480 to Granite Construction for the construction of the above -referenced improvements in the amount of $127,127, plus a ten percent contingency in the amount of $12,713. P. REOUEST FOR AWARD OF BID for the Purchase of Vehicles. Rec: By Minute Motion: 1) Award the bid for three mid -size pickup trucks to Burch Ford in the amount of $33,566.28; 2) award the bid for a one -ton flat bed truck to Tom Bell Chevrolet in the amount of $20,721.97. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL 1Mir r.iii IG JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REQUEST FOR _EXTENSION of Graffiti Removal Program (Contract No. C07361). Rec: By Minute Motion, authorize the extension of the graffiti removal program contract with Sunline Transit Agency through February, 1994. R. REQUEST FOR CONSIDERATION of Amended Assessments - Assessment Districts 83-1, 84-1R, and 87-1. Rec: 1) Waive further reading and adopt Resolution Nos. 94:2, 94:2, 94-4, 94-5, Q4=, 94-7, and 944, ordering the making of amended assessments under Part 10 of Division 10 of the Streets and Highways Code and directing actions with respect thereto; 2) waive further reading and adopt Resolution Nos. 94-9, 94-10, 94-11, 24-. 12, 94-13, 94-14, and 94-15, approving preliminary amended assessments, ordering hearing and directing actions with respect thereto. S. REQUEST FOR AUTHORIZATION to Enter into a Contract with Rutan & Tucker, Specializing in Cable Television Law (Contract No. C08180). Rec: By Minute Motion, authorize the City to enter into a contract with the law firm of Rutan & Tucker, specializing in Cable Television Law, and authorize the City Manager to execute the contract. T. REQUEST FOR ACCEPTANCE OF WORK for the Curb and Gutter and Cross Gutter Repair Program (Contract No. C07450). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. U. REQUEST FOR AUTHORIZATION to Solicit Bids in Cooperation with the Coachella Valley Water District for Removal of Soil from the Whitewater Flood Control Channel near Portola Avenue (Contract No. C08190). V. Rec: By Minute Motion, authorize staff to solicit bids in cooperation with the Coachella Valley Water District for the subject project. FINAL SCHEDULE OF INVESTMENTS as of December 31, 1993. Rec: Receive and file. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * W. REQUEST FOR CONSIDERATION of the Use of Travel Agency Services. Rec: By Minute Motion, affirm the recommendations of the City's Investment Finance Committee that: 1) That there be no award of a contract to any one travel agency inasmuch as there would be no distinct financial advantage to the City of Palm Desert; and 2) that the City's travel services policy be to purchase travel services from any travel agency with an office in Palm Desert. X. REQUEST FOR APPROVAL of Sculpture Lineup for the 1994 El Paseo Exhibition. Rec: • By Minute Motion, approve the sculpture lineup for the 1994 El Paseo Exhibition. Councilman Crites asked that Item.P be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Snyder, second by Kelly, and unanimous vote of the Council, the remainder of the Consent Calendar was approved as presented. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 735 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 8.36.040 OF THE PALM DESERT MUNICIPAL CODE RELATING TO SMOKING AREAS. Mr. Ramsey reviewed the staff report and offered to answer any questions. Upon question by Councilman Crites, Mr. Erwin responded that there would not be a public hearing held to discuss this matter. Councilman Crites stated he wanted to be sure there would be adequate time for him to take the proposed ordinance to the Chamber of Commerce for input prior to adoption. Mr. Erwin responded that second reading of the ordinance did not necessarily have to be held at the next meeting and that Council could defer it to another date. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to waive further reading and pass Ordinance No. 2 to second reading, with second reading of the ordinance to be held at the City Council meeting of February 10, 1994. Motion was seconded by Crites and carried by unanimous vote. For Adoption; None IX. CONSENT ITEMS HELD OVER P. REQUEST FOR AWARD OF BID for the Purchase of Vehicles. Upon question by Councilman Crites relative to spending $33,566.28 for the mid -size pickup trucks, Mr. Folkers responded that it was for three trucks, not just one vehicle. Mayor Wilson stated he understood staffs recommendation for the one -ton flat bed truck; however, with regard to the three mid -size pickup trucks, he said he noted there had been only one Coachella Valley bidder, and that company's bid was less than $1,000 higher than the firm being recommended by staff. He expressed concern that there was no procedure within the bid package indicating that location would be evaluated as part of the bid, with preference given to local bidders. He asked where Burch Ford was located. Mr. Folkers responded that he was not sure where the dealership was located, and he asked that this matter be held until later in the meeting so that he could obtain the information from the staff member involved, Mr. Tom Bassler. • Councilman Kelly moved to continue this item until later in the meeting. Motion was seconded by Crites and carried by unanimous vote. Council continued its discussion of this matter following Old Business Item A. Mr. Bassler advised that Burch Ford was located in LaHabra, California. Mayor Wilson stated that the question was whether there is some way we can factor in the bidding process some kind of credit or points for local versus outside of the area vendors. Mr. Erwin responded that the technical requirement is that the City take the lowest responsible bidder. He said there was a possibility that the City could put into place some form of bidding that would allow consideration of the amount of sales tax that would be taken in by the City by using a local bidder and to that extent allow the local bidder to get preference; however, it would not affect this situation. Councilman Crites asked whether another item could be factored in — the fact that these four vehicles will have to be serviced at some point in time at a local dealership. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Rieder noted that all of the City's vehicles are serviced locally, with warranty work done at dealerships in Indio and Palm Springs. He added that since 1991, the City had purchased twelve vehicles, and seven of them were from Valley dealers. Councilman Crites asked if we could make a determination that because of the need to utilize service contracts locally, local bidders would receive preference. Mr. Erwin responded that this could not be done because we are dealing with State law. Councilman Crites moved to, by Minute Motion: 1) Award the bid for three mid -size pickup trucks to Burch Ford in the amount of $33,566.28; 2) award the bid for a one -ton flat bed truck to Tom Bell Chevrolet in the amount of $20,721.97. Motion was seconded by Kelly and carried by unanimous vote. Mayor Wilson stated that he was aware of other agencies that factor in geographic location and give points for that in a weighting system in evaluating RFPs. He asked whether this same type of system could be used by the City in. soliciting bids for the purchase of products. Mr. Erwin responded that it could be done to some extent. He added that it would have to be put together in program form. Mayor Wilson asked that staff work with the City Attorney on this issue and bring back to the Council a report and recommendation as to a purchasing policy that factors in credits for local bidders, with highest priority going to bidders within the City of Palm Desert, second highest priority to those in the Coachella Valley, and no special credits for others. Council concurred. R. NEW BUSINESS A. PRESENTATION BY ALBERTSON'S RELATIVE TO PROPERTY LOCATED AT THE NORTHEAST CORNER OF DEEP CANYON AND HIGHWAY 111. Mr. Drell stated that this was an informational item. He said that based on past history, staff advised the applicant to first work with the surrounding r.„;,.t� owners (Hidden Palms and other residences on Deep Canyon), which was being done. He said the applicant wanted to get reactions from the Council considering the past history of this property. MR. DAVE PAINTER addressed Council and said it had been suggested by the Director of Community Development that in addition to meeting with surrounding owners, that they also make a presentation to the City Council to see if there is a desire on the part of the Council to allow a grocery store at this location. He showed the preliminary site plan and said they had eliminated several things from previous drawings, including the driveway for truck service at the back of the center. He noted that most of the concerns of the neighbors were things that could be dealt with, such as noise, hours of delivery, etc. He said they were not asking for design approval at this time but were instead asking if the Council would look favorably on having a grocery store at this location; if so, he said they would make formal 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * application, work with staff, and continue to work with the neighbors to mitigate their concerns. He added that it was his understanding that the front half of the property was zoned resort commercial and that the back was multi -family. MR. HAROLD HOPP. 44-379 Cannes Court, Palm Desert, stated that he was a member of the Board of Directors of Hidden Palms and said the Homeowners' Association had formed a special committee last month to deal with this issue. It was felt this would be the best way to facilitate communications between the homeowners and the developer. He noted that a meeting was held on December 13 with the developer and homeowners wherein a number of concerns were raised. The developer promised to get back to the homeowners the following week, and although they had not yet gotten a response, he said he hoped the delay meant the response would be that much better and of higher quality. He said they were very much interested in the project and very much wanted to have input on how it is developed so everyone can live together. MR. WILLIAM J. ADAMS, 44-671 Monaco Circle, Palm Desert, Hidden Palms Development, said he was in attendance as a resident/tax payer of the City of Palm Desert. He said he had attended at least one of the meetings with the Albertson's people. He noted that although he had indicated on the speaker card that he was opposed to the project, there were many residents of Hidden Palms who were really looking forward to having this merchant in the community if it could be done in a very comfortable manner. He said his concern was with what he would be able to hear and smell and what would happen when a truck drives by since his home would be right up against the development. He felt the concern over those items would drop considerably if the project were reoriented on the site. He said one of the things that had been discussed was to take an innovative approach a "Palm Desert approach" and orient the back of the store against Highway 111 with nice landscaping and completely hidden loading dock, etc. This would greatly reduce the problems of site, sound, potential odors, and vibration in the area. He added that he would probably continue to check the opposed box on future public hearings; although he looked forward to having a grocery store within easy walking distance of his home, he would prefer that it not be so close to his back yard. MR. WAYNE BARLOW, 44-685 Monaco Circle, Palm Desert, said he felt it was important that Council understand that the plan presented here had not changed in the 12 years since Albertson's first attempted to place a market at this location; in fact, he said there were aspects of it that were less desirable than 12 years ago. He said the drawings presented had not been seen by the homeowners until this meeting, notwithstanding earlier promises to provide them to the homeowners the third week in December, 1993. He said he felt there were so fuzzy and imprecise that it was impossible for anyone with a concern for the area to make specific, concrete, targeted comments, and it was hard to get a grip on how this particular development would impact the homeowners. He added that it was his understanding that 12 years ago staff had imposed certain conditions with respect to the development of the and Albertson's at that time walked away, at that time also 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * declining to give enough specifics for homeowners to meaningful consider the plan. He said we are right where we were 12 years ago. MR. SCOTT THAYER, Real Estate Manager of Albertson's, stated he was not around 12 years ago when all of this took place. He said Ray Diaz had explained some of the past history to him, and it was agreed that it was a good idea for the developer to meet with homeowners and the Council to see if this was something the Council wanted to have at this location. He said two meetings had been held with homeowners to date; some of the concerns were noise, smells, etc, which would all have to be dealt with during the application process. He added that they had not taken the community's concerns lightly. Mayor Wilson stated that at this stage, the Council could not approve or disapprove the project, and whatever was said by the Council at this time would be subject to public hearings before any final determination is made. He said it was his understanding that the developer was asking for an informal sense of whether a market is acceptable on that site, assuming that all of the concerns of the neighborhood could be worked out. Mr. Thayer agreed that that was basically what they were looking for. Mayor Wilson stated he felt the process outlined by Mr. Hopp was a very good one, with the homeowners setting up a mechanism to facilitate the developer's ability to mitigate any concerns that come forward from the homeowners. He said he would strongly urge that if the developer does get a green light to develop an Albertson's, that they work very closely with the committee that has been set up and resolve all of the problems at that level before they start taking it through the public hearing process. Councilman Crites said he felt it was essential to meet with the people around the development, not only because of development standards but also because it would be necessary to have a zone change. He added that a zone change assumes there is not adverse impact, and that burden rests completely on the developer. Councilman Kelly said he felt the key to entire development was the zone change, and he would want to make sure that those residents in the area are satisfied. • Councilmember Benson said she felt it was important that the direct neighbors have all the input needed on this development. She added that she knew how anxious Albertson's was to get into the City of Palm Desert and that was sure they would meet all of those demands. Councilman Snyder said he felt if the developer followed the normal procedures and settle the problems, the Council would be happy to have the developer in the community. Mayor Wilson stated that from Council comments, no one was violently opposed to the project; however, everyone felt it was essential for the developer to work with the homeowners. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL .tr z i LAG JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. PRESENTATION BY DEB TRUAX RELATIVE TO ASSEMBLY BILL NO. 486. MS. DEB TRUAX, President of Advocacy in Action, reviewed her letter dated December 9, 1993, noting that As of January 1, 1994, Assembly Bill No. 486 would become effective for the State of California. This would allow public agencies to certify women owned or minority. owned businesses in much the same way that CalTrans does now. She said her vision was that the City of Palm Desert act as the anchor for this area, which would mean that people could come to the City and get a Palm Desert certification and then be able to go anywhere in the State. Mayor Wilson suggested that General Services/Purchasing Officer Larry McAllister meet with Ms. Truax to discuss her request and see how the City can work with her to facilitate her suggestions. He asked that staff then bring a report back to the Council at a future meeting. Council concurred. C. REOUEST FOR CONSIDERATION OF SAN PABLO AVENUE AND SAN GORGONIO WAY STOP CONTROL. Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Crites stated that in reading through the report, he was not convinced that the traffic control needs to be changed from a two-way to a four-way stop since it does not meet most of the warrants. In addition, he said he had gone over to this area for an hour a few days earlier and that there was .not a line of sight problem as far as he could tell. Councilmember Benson said that she often sees people creeping out on San Gorgonio trying to see if they can go all the way across San Pablo. She said she felt driver confusion was a problem here, with people getting in the left turn only lane when they really want to go straight. Councilman Kelly said he had no strong feelings either way; however, he said the left turn lane was used primarily by people wishing to make a u-turn and head north, so the left turn lane and golf cart lane were needed. If a four-way stop is installed, this will encourage more traffic on San Gorgonio, and Council and staff had spent a lot of time trying to get traffic off that street. He said he would be inclined to go along with the recommendation of the Technical Traffic Committee. Councilman Snyder agreed with Councilman Kelly. Mayor Wilson stated he also did not have any strong feelings one way or the other. He said he had seen the problem, and what is most difficult is coming off San Gorgonio and turning left onto San Pablo. He said there isn't a visual problem; however, it is so wide and, because the lanes change, it is confusing. He said he did not know what a stop sign would do to through traffic on San Pablo; however, he assumed the Traffic Engineer had studied this thoroughly and recommended it. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly said he uses this intersection a lot and considers it a place where he has to be very careful. He added that he would not have any problem with being required to stop before proceeding through the intersection and would actually feel better about the whole situation. Councilman Kelly moved to, by Minute Motion: 1) Review and approve staffs findings as outlined in the staff report dated January 13, 1994; 2) approve the change in traffic control from a two- to a four-way stop; 3) authorize staff to proceed with the four-way stop control implementation; 4) consider the intersection in the future signalization program on a priority and need basis. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites voting NO. Councilman Crites stated that he had voted against the motion because he was not comfortable putting in a stop sign when warrants are not met. D. REQUEST FOR CONSIDERATION OF TRAFFIC CONTROL PLANS FOR MONTEREY AVENUE AND PORTOLA AVENUE AREA. Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Kelly stated he had no strong feelings either way on this matter. Councilman Crites stated he felt there was an issue that Council may as well face now — Magnesia Falls and Monterey Avenue. He said people would come to the Council and raise problems with the fact that they cannot get out the other end of Magnesia Falls to make a left turn onto Monterey; in addition, there would be problems with not having a protected left turn lane on Monterey. He said we would end up signalizing the intersection, and he expressed concern with this because it meant there would be four signals in a very short distance on Monterey. Mayor Wilson agreed and said he would oppose signalizing Magnesia Falls and Monterey; however, in order to free up traffic and give additional traffic movement options, he felt Magnesia Falls should go through from Portola Avenue to Monterey Avenue. Councilman Crites stated he felt money should be spent at the corner of Fred Waring Drive and Portola Avenue to purchase a piece of the lot on the southwest corner so that a right turn lane can be installed to allow traffic traveling north on Portola to have an automatic right turn onto Fred Waring Drive. Councilman Snyder said he felt what staff had done so far was a good attempt to increase traffic circulation. He suggested approval of staffs recommendation as presented, with the addition of looking into the possibility of purchase the southwest corner lot and installing a right turn lane similar to that at the southwest corner of San Pablo and Highway 111. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With regard to San Pablo Avenue, Councilman Crites asked whether the way in which the street is now being designed from the intersection to Monterey Country Club included parking along the sides. Mr. Folkers responded that at this point in time, it was primarily the street with a drop off by the center of the ball complex. He said the intention was to go with a lane and a half in each direction and then when we get enough growth that we can remove the tamarisk trees, we would have a regular street section. He said it was not designed to have parking on the sides of the street. Mayor Wilson said he felt staff had done a good job and that we should proceed with this plan. He said he felt it would facilitate getting in and out of the ball fields, and he would like to see staff proceed as proposed. Councilman Kelly moved to, by Minute Motion: 1) Concur with the findings of the staff report dated January 13, 1994; 2) approve in concept a roadway circulation modification as outlined in the report; 3) include intersection signalization for Portola Avenue/Magnesia Falls Drive with the construction contingent upon the completion of a vehicular pedestrian bridge over the San Pascual Channel; 4) direct staff to look into the possibility of purchasing v. .r;,. t f at the southwest corner of Portola Avenue and Fred Waring Drive in order to install a dual right turn lane so that vehicles traveling northbound on Portola Avenue can turn right onto Fred Waring Drive without having to wait. Motion was seconded by Snyder and carried by unanimous vote. E. ,QUEST FOR CONSIDERATION OF MONTEREY AVENUE AND I-10 INTERCHANGE IMPROVEMENT PLAN. Mr. Folkers reviewed the staff report and offered to answer any questions. Upon question by Mayor Wilson, Mr. Folkers responded that it was his understanding from the County of Riverside that the 1000 Palms Community Council had been involved in this. Councilman Crites moved to, by Minute Motion, approve staffs recommendation on the preferred improvement alternative (Alternative #3) based upon approval by CVAG and an appropriate financing mechanism created by Riverside County. Motion was seconded by Snyder and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report relative to cable complaints received for the period November 29, 1993 through January 4, 1994. 2. Status of Multi -Agency Library. Mr. Drell noted that a ground breaking fund raising kickoff had been scheduled for January 19, 1994. 3. Metric Conversion. Councilman Crites asked whether the City would have the option of posting signs in both the metric and standard system. Mr. Folkers responded that the City would be very fortunate as far as not having to put up mile posting, etc. like along State routes. However, he said it would eventually affect us because all of our drawings will have to be in metric scale. 4. I-10 Interchange Projects (Project Nos. 657/658/662-94). Councilman Kelly stated he felt this was a good report. He asked whether staff was saying that Cook Street and Monterey are ahead of the Washington Street project now. Mr. Folkers agreed. XL CONTINUED BUSINESS A. CONSIDERATION OF REOUEST FOR REFUND OF DELINQUENT CHARGES ON ISAAC'S LAWNMOWER SHOP, BUSINESS LICENSE NO. 93-2173 (Continued from the Meeting of December 9, 1993). Mr. Altman stated that after the last meeting, staff sat down and looked at the chronology of this issue; staffs recommendation at this point was to approve the request for the refund because it was a unique case. Councilman Crites moved to, by Minute Motion, approve the request for refund. Motion was seconded by Kelly and carried by unanimous vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR CONSIDERATION OF MANDATORY SEWER CONNECTION ORDINANCE UPON SALE OF PROPERTY (Continued from the Meeting of November 17, 1993). Councilman Crites questioned suggestion #2 of the staff report relative to granting of a Certificate of Exception based on economic hardship when the cost of connection is excessive. He said he felt it should also include "when the income is low" because there may be people for whom the cost might not be perceived as "excessive" but who are not able to pay. Mr. Conlon responded that this wording was left open in order to be able to factor in several different issues, such as sales price, income, etc. Councilman Kelly moved to continue this matter to the meeting of February 24, 1994. Motion was seconded by Snyder and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF PROMOTION COMM'', i r.0 BUDGET FOR PERIOD JANUARY 1 THROUGH JUNE 30, 1994. Mr. Altman noted the report in the packets from Mr. Shillcock and recommended approval of the Promotion Committee budget for the period January 1 through June 30, 1994. Councilman Snyder moved to, by Minute Motion, approve the proposed Promotion Committee budget for the period January 1 through June 30, 1994, in the amount of $114,500, authorize the appropriation of said amount, and extend the contract with Davis and Associates for a six-month period. Motion was seconded by Crites and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin requested a Closed Session pursuant to Government Code Section 54956.9 (a) (Shearson v. Palm Desert re: Iowa Trust; Chapple v. Palm Desert; Wymer forfeiture actions regarding the Palm Desert Redevelopment Agency), 54956.8, Real Property Acquisition (South side of El Paseo between Larkspur and San Pablo, current owner.ACD II Corporation - Ahmanson Development; property generally at the southeast corner of Frank Sinatra and Cook Street, owned by the Taylor brothers; some undeveloped single-family lots, one located on Santa Rosa Way owned by Lester Bagwell, one located on Buena Circle owned by 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mohammed Wasif, one on San Pascual owned by Louis Gerken, one on San Clemente Circle owned by Fox Development). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o itv Council Committee Reports: 1. Councilman Crites thanked staff for the Golf Cart Report. He said he felt it was very well written and easy to follow. Councilman Kelly agreed and said he had received a lot of positive feedback on the report. 2. Councilman Crites complimented Public Works for the nice letter relative to the dog park. He said the writer of the letter had some very positive suggestions to make it better, and he said he hoped staff would follow up and try to implement those suggestions. XIV. ORAL COMMUNICATIONS - B None Councilman Snyder moved to adjourn to Closed Session at 5:17 p.m. pursuant to Government Code Section 54956.9 (a) (Shearson v. Palm Desert re: Iowa Trust; Chapple v. Palm Desert; Wymer forfeiture actions regarding the Palm Desert Redevelopment Agency), 54956.8, Real Property Acquisition (South side of El Paseo between Larkspur and San Pablo, current owner ACD II Corporation - Ahmanson Development; property generally at the southeast corner of Frank Sinatra and Cook Street, owned by the Taylor brothers; some undeveloped single-family lots, one located on Santa Rosa Way owned by Lester Bagwell, one located on Buena Circle owned by Mohammed Wasif, one on San Pascual owned by Louis Gerken, one on San Clemente Circle owned by Fox Development), said Closed Session to immediately follow the Redevelopment Agency meeting. Motion was seconded by Crites and carried by unanimous vote. Mayor Wilson reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF GISBORNE, NEW ZEALAND, ARTWORK BY SISTER CITY COMMI i i r.E. Mr. Doug Simmons, Chairman of the Sister City Committee, stated that the Committee was fortunate to be able to raise funds and commission a work of art from Gisborne, New Zealand. He presented the art piece to the Mayor and Council. He also introduced Mr. Patrick Turner, publisher and editor of The Osoyoos Times, noting that Osoyoos, British Columbia, was Palm Desert's other Sister City. Councilman Crites added that the Associate Curator of the Gisborne Natural History and Fine Arts Museum was commissioned through the Sister City program to do this work, and he explained the symbolism of the piece. B. Mayor Wilson introduced Ms. Isabel Castillon, the new City Clerk for the City of Coachella and noted that she was in attendance at this meeting as an observer. XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE TO ESTABLISH A DEFINITION FOR "FAST FOOD RESTAURANTS". Mr. Drell reviewed the staff report and offered to answer any questions. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing cam. Councilmember Benson moved to waive further reading and pass Ordinance No. 236 to second reading. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Crites ABSENT. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Kelly, second by Snyder, and unanimous vote of the Council, May gf Wilson adjourned the meeting at 7:10 p.m. ATTEST: %.fil i SHFILA R. GItLIGAN, C CLERK CITY OF PALM DESERT,�ALIFORNIA OY WILSON, MAYOR 18