HomeMy WebLinkAbout1995-01-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 12, 1995
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I. CALL TO ORDER
Mayor Crites convened the meeting at 4:00 p.m.
H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
III. INVOCATION - Mayor Pro Tem Walter H. Snyder
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Richard S. Kelly
Mayor Pro Tem Walter H. Snyder
Mayor Buford A. Crites
Also Present:.
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Ramon A. Diaz, ACM/Director of Community Development
Richard J. Folkers, ACM/Director of Public Works
Carlos L. Ortega, ACM/RDA Executive Director
Paul Shillcock, ACM/Director of Economic Development
Pat Conlon, Director of Building and Safety
Paul Gibson, Director of Finance
Dave Millheim, Director of Human Resources
Wayne Ramsey, Director of Code Compliance
John Wohlmuth, Assistant to the City Manager
Lisa Constande, Environmental Conservation Manager
Catherine Sass, Community Arts Manager
Mary P. Frazier, Deputy City. Clerk
V. ORAL COMMUNICATIONS - A
None
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VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of December 22, 1994.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 26 and 27.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#275) by William A. Miller in the Amount of $231.75.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
D. REQUEST FOR RATIFICATIQIj of Hold Harmless Letter Issued by the City Manager to
Mr. Bernard Debonne Relative to Placement of a City Entrance Sign at the City's Eastern
Boundary on Property Adjacent to Embassy Suites.
Rec: By Minute Motion, ratify the hold harmless letter issued by the City Manager to
Mr. Bernard Debonne.
E. REQUEST FOR APPROVAL of Cooperative Traffic Signal Maintenance Agreement
(Contract No. C0941Q).
F.
Rec: By Minute Motion, approve the Agreement for Maintenance of Traffic Signals and
Safety Lighting with the County of Riverside for traffic signals jointly owned by
Palm Desert and Rancho Mirage (Contract No. C09410).
REQUEST FOR APPROVAL of Change Order to Contract No. C08090 for I-10 & Cook
Street Interchange Right -of -Way Acquisition Services.
Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C08090 in the
amount of $0.00 (Zero Dollars) to extend the termination date of the contract to
December 31, 1995.
G. REQUEST FOR APPROVAL of Design Contract for Gerald Ford Drive Extension (Contract
No. C09420).
Rec: By Minute Motion, approve Design Contract No. C09420 with Robert Bein,
William Frost & Associates, Inc. in the amount of $89,700.00 for roadway and
underground utility design for the extension of Gerald Ford Drive from Cook Street
eastbound to Frank Sinatra Drive; said funds available from the Year 2000 Reserve
Fund, Account No. 400-4357-433-4001.
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H. REOUEST FOR APPROVAL{ of Change Order No. 1 to Contract No. C08680 - 1994 Slurry
Seal Program.
Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $26,196.71;
2) authorize the transfer of $23,123.34 from contingency to base.
I. REQUEST FOR ACCEPTANCE OF WORK for the 1994 Slurry Seal Program (Contract No.
C08680).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
1994 Slurry Seal Program (Contract No. C08680).
J. REQUEST FOR AWARD OF BID for 4-Wheel Drive Pickup Truck.
Rec: By Minute Motion: 1) Reject the bid from Folsom Lake Ford as incomplete; 2)
award the bid for a Ford F-150 4x4 pickup truck, as specified, to Burch Ford in
the amount of $20,656.75.
K. REQUEST FOR AUTHORIZATION to Purchase Automotive Analyzer.
Rec: By Minute Motion: 1) Make a finding that the automotive analyzer (hardware,
software, training, and support) is individual and unique and exempt from bidding
as outlined in P.D.M.C. Section 3.32.090; 2) authorize the purchase of a 62-000
series Smart Engine Analyzer (hardware, software, training, and support) from
Automotive Diagnostics in an amount not to exceed $26,000.
L. REOUEST FOR CONSIDERATION of Sheriff Station Improvements to Facilitate the 911
Dispatch.
Rec: By Minute Motion: 1) Approve Contract No. C09430 with John Outcault,
Architect, to prepare the working drawings for the Sheriff Station basement
improvements in the amount of $6,000.00; 2) authorize staff to appropriate
$6,000.00 from the unobligated Construction Tax Revenue Fund; 3) upon
completion of working drawings, authorize staff to go out to bid on the proposed
Sheriff Station improvements (Contract No. C09440); 4) authorize staff to negotiate
with Riverside County for use of County pass through funds to pay for the costs of
these improvements.
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M. REQUEST FOR APPROVAL of Contract with Michael Watling for Artistic Identification
Signage at the City's Corporation Yard (Contract No. C09450).
Rec: By Minute Motion, concur with the Civic Arts Committee's recommendation and
approve the proposal by Michael Watling under Contract No. C09450 to provide
artistic identification signage at the City's Corporation Yard in an amount not to
exceed $6,000.00.
N. REQUEST FOR APPROVAL of Proposal by Steve Rieman for an "Artist in Residence
Program" in Compliance with the City's Art -In -Public -Places Program Requirement at the
City's Corporation Yard (Contract NO. C09460).
Rec: By Minute Motion, concur with the Civic Arts Committee's recommendation and
approve the proposal by Steve Rieman for an "Artist in Residence Program" under
Contract No. C09460 in compliance with the City's Art -In -Public -Places Program
requirement at the City's Corporation Yard in an amount not to exceed $7,900.00.
O. REOUEST FOR CONSIDERATION of Future Use of the Portola Library Building.
Rec: By Minute Motion, concur with the Civic Arts Committee and dedicate the use of
the building at 45-480 Portola Avenue for the Palm Desert Playhouse when the
library vacates the building; 2) direct staff to work with the Palm Desert
Community Theatre to prepare an acceptable lease agreement that includes
renovation and management plans at the new operators expense.
P. C_QNSIDERATION OF REOUEST from the League of California Cities Inland Empire
Division Relative to Justification for Dues Increase.
Rec: By Minute Motion, authorize the recommended 21 percent increase in dues to the
League of California Cities Inland Empire Division.
Q. REQUEST FOR APPROVAL of Contract with the Holocaust Survivors of the Desert, The
National Sculptors Guild, and Artist Dee Clements Relative to Installation and Acceptance
of the "Desert Holocaust Memorial" Sculpture (Contract No. C09470).
Rec: By Minute Motion, approve Contract No. C09470 specifying conditions of
acceptance of the Desert Holocaust Memorial and authorize the Mayor to execute
same.
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Councilmember Benson asked that Items G and 0 be removed for separate discussion under Section
IX, Consent Items Held Over, of the Agenda. Mr. Erwin asked that Items E, N, and Q also be
removed for separate discussion.
Upon motion by Kelly, second by Snyder, the remainder of the Consent Calendar was approved
as presented by unanimous vote of the Council.
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
None
For Adoption:
None
IX. CONSENT ITEMS HELD OVER
E. REQUEST FOR APPROVAL of Cooperative Traffic Signal Maintenance Agreement
(Contract No. C09410).
Rec: By Minute Motion, approve the Agreement for Maintenance of Traffic Signals and
Safety Lighting with the County of Riverside for traffic signals jointly owned by
Palm Desert and Rancho Mirage (Contract No. C09410).
Mr. Erwin stated that he and Mr. Folkers had attempted to talk with representatives of the
County of Riverside relative to this matter. He asked that the item be deferred for two weeks
or that Council approve the agreement subject to approval by Mr. Altman, Mr. Folkers, and
himself.
Councilman Snyder moved to, by Minute Motion, approve the Agreement for Maintenance of
Traffic Signals and Safety Lighting with the County of Riverside for traffic signals jointly owned by Palm
Desert and Rancho Mirage (Contract No. C09410), said approval to be subject to approval by the City
Manager, Director of Public Works, and City Attorney. Motion was seconded by Kelly and carried by
unanimous vote.
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G. REQUEST FOR APPROVAL of Design Contract for Gerald Ford Drive Extension (Contract
No. C09420).
Rec: By Minute Motion, approve Design Contract No. C09420 with Robert Bein,
William Frost & Associates, Inc. in the amount of $89,700.00 for roadway and
underground utility design for the extension of Gerald Ford Drive from Cook Street
eastbound to Frank Sinatra Drive; said funds available from the Year 2000 Reserve
Fund, Account No. 400-4357-433-4001.
Councilmember Benson expressed concern that this is being approved to accommodate the
pay for play facility.
Mr. Folkers responded that staff had planned to put the two water lines and sewer line in
regardless of whether the pay for play facility goes or not.
Councilmember Benson moved to, by Minute Motion, approve Design Contract No. C09420 with
Robert Bein, William Frost & Associates, Inc. in the amount of $89,700.00 for roadway and underground
utility design for the extension of Gerald Ford Drive from Cook Street eastbound to Frank Sinatra Drive;
said funds available from the Year 2000 Reserve Fund, Account No. 400-4357-433-4001. Motion was
seconded by Snyder and carried by unanimous vote.
N. REQUEST FOR APPROVAL of Proposal by Steve Rieman for an "Artist in Residence
Program" in Compliance with the City's Art -In -Public -Places Program Requirement at the
City's Corporation Yard (Contract NO. C09460).
Rec: By Minute Motion, concur with the Civic Arts Committee's recommendation and
approve the proposal by Steve Rieman for an "Artist in Residence Program" under
Contract No. C09460 in compliance with the City's Art -In -Public -Places Program
requirement at the City's Corporation Yard in an amount not to exceed $7,900.00.
Mr. Erwin said he had asked that this be pulled off because information he had was that the
agreement in the packets may not be the final agreement. He said the artist had a concern
about the insurance provision included in the agreement which is a standard type of provision
and was asking that Council consider among other things eliminating that provision since the
proposal dealt with items that would be done solely on City property with discarded City
equipment.
Ms. Sass agreed and added that the reason this needed to be discussed was that the standard
contract would be changed; however, she said this was not a contract for standard artwork.
It was an artist in residence program where he will be working on City property creating the
artwork from scrap at the Corporation yard. The concern was that staff did not want this
contract approved exactly as it is in that there is a section on liability insurance that still needs
to be discussed with everyone involved.
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Mayor Crites asked if it would be acceptable to approve this subject to final review and
approval by both the City Manager and City Attorney.
Mr. Erwin responded that this would be acceptable as long as the Council was aware that the
request by the artist was that the liability insurance provision be deleted. He said if that was
acceptable to the Council, he had no problem with the rest of the provisions; however, he
said he would prefer that Council continue this matter for two weeks.
Councilman Crites moved to continue this item to the meeting of January 26, 1995. Motion was
seconded by Snyder and carried by unanimous vote.
O. REQUEST FOR CONSIDERATION of Future Use of the Portola Library Building.
Rec: By Minute Motion, concur with the Civic Arts Committee and dedicate the use of
the building at 45-480 Portola Avenue for the Palm Desert Playhouse when the
library vacates the building; 2) direct staff to work with the Palm Desert
Community Theatre to prepare an acceptable lease agreement that includes
renovation and management plans at the new operators expense.
Councilmember Benson said she had asked that this be pulled off because of the fact that this
building has been requested by many groups in the past, including the Boy Scouts of
America. She said she felt the Council should look at who else is interested in the building
and also look at the possibility of making this a multi -purpose building.
Mayor Crites agreed and said that was the direction given to staff some time ago -- to make
sure everyone who had interest in it was considered.
Ms. Sass stated she was not aware that the Boy Scouts of America had been advised they
would be considered for this building. She noted, however, that the Palm Desert Playhouse
would only be producing four shows per year. Their proposal was to renovate the building
at their own expense and act as manager for the building so other groups could come in and
use it. Such a plan would be worked out before they get the building.
Councilmember Benson stated that since this was a public building, she would not like to see
any other group manage it. She suggested some type of news release be sent out asking for
interested parties to apply for use of the building.
Councilman Snyder moved to continue this matter to the meeting of February 9, 1995. Motion was
seconded by Kelly and carried by unanimous vote.
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Q. REOUEST FOR APPROVAL of Contract with the Holocaust Survivors of the Desert, The
National Sculptors Guild, and Artist Dee Clements Relative to Installation and Acceptance
of the "Desert Holocaust Memorial" Sculpture (Contract No. C09470).
Rec: By Minute Motion, approve Contract No. C09470 specifying conditions of
acceptance of the Desert Holocaust Memorial and authorize the Mayor to execute
same.
Mr. Erwin stated he has asked that this item be removed because of a letter and updated staff
report from Catherine Sass relative to changing the agreement. He said he preferred the
agreement stay the way it was first written and felt that placing a condition on the Council
as to when it can move the memorial was inappropriate. He said the agreement as written
indicated the memorial would not be moved without proper notice and discussion in a public
Council meeting before that decision and determination is made. The Holocaust Survivors
wished to change it and add some other conditions.
Ms. Sass said the contract as written indicated that the City would notice the Holocaust
Survivors if the memorial were to be relocated. Their concern was that they were donating
the sculpture to the City and would like it to be kept in the same type of setting it is in at the
park. They were concerned that some years down the road it might be moved to a less
desirable place such as in the industrial zone.
Mr. Erwin added that the change in the agreement basically was that if the City planned to
relocate the sculpture, the new location must be comparable to or better than the existing site,
and he felt this narrowed the Council's options.
Mayor Crites said this was an issue where the Holocaust Survivors were providing the
sculpture and paying the total cost of $375,000. He said if it were him, he might also be
concerned with a future Council putting it some place not so nice.
Mr. Erwin said it was his understanding that a representative of the Holocaust Survivors would be
at the meeting to address this issue. He suggested that the matter be held until such time as a representative
arrives to do so. Council concurred.
As part of the City Attorney reports and remarks, Mr. Erwin noted that this item had been
continued to allow a representative from the Holocaust Survivors to address the Council. He
said Council might wish to approve the agreement in concept, reserving the right of Mr.
Brandt to appear before the Council to discuss that paragraph at a future meeting. He
suggested that the balance of the agreement be approved.
Councilman Snyder moved to, by Minute Motion, approve the balance of the agreement per Mr.
Erwin's suggestion and reserve the right of Mr. Brandt to appear before the Council at a future meeting to
discuss the paragraph dealing with moving the memorial. Motion was seconded by Benson and carried by
unanimous vote.
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NOTE: MR. BRANDT ARRIVED AT 5:20 P.M. AND COUNCIL CONSIDERED THIS MATTER AT
THAT TIME.
Ms. Sass noted that Mr. Joe Brandt of the Holocaust Survivors was present and that she had
explained to him that the attorney's recommendation was that the agreement be approved as
originally submitted without the changes requested by his organization.
Mr. Brandt addressed the Council and stated the reason he wished the additional language was
the concern that many years from now when all of us are no longer around, the people on
the Council at that time may not be so open minded about the Holocaust. The concern was
that the memorial might be placed somewhere not so desirable. The changes he was
requesting would give them more assurance that in future years the memorial would still be
kept in a nice setting.
Councilmember Benson said she understood Mr. Brandt's concerns and would feel better
herself knowing that someone would not come along and move it. She said since these
people were raising all of the money themselves, she felt it was important to have something
that would guarantee the memorial stays in a park or other nice location comparable to the
park.
Councilman Kelly agreed.
Councilman Snyder said he would be reluctant to go against the City Attorney's suggestion.
Mr. Erwin stated that if the Council felt other restrictions were appropriate, he would be
happy to meet with Mr. Brandt to work this out.
Mayor Crites agreed with Mr. Brandt that this is a special situation.
Councilman Snyder moved to, by Minute Motion, authorize the City Attorney to meet with Mr.
Brandt to come up with acceptable language.
Mr. Erwin stated he would have that particular paragraph back to Council for ratification at
the next meeting.
The motion was seconded by Benson and carried by unanimous vote.
Mayor Crites asked if it was the sense of the Council that when staff, the City Attorney, and Mr.
Brandt have reached agreement on this, the Mayor may execute the agreement without it having to come
back to the Council again. Council concurred.
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R. NEW BUSINESS
A. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE APPROVED SIGN
PROGRAM AT TOWN CENTER PLAZA FOR MRS. BONE'S NATURE'S GOURMET
ONLY (Case No. 4419SA, Mrs. Bone's Nature's Gourmet, Applicant).
Mr. Winklepleck distributed new plans to the Council. He reviewed the staff report, noting
that the original request was to allow 33" capital letters "M" and "B" on both west and north
elevations. The revised request was as follows:
Signage on the west elevation facing the parking lot would conform with the
existing sign program, and no Council action would be necessary.
With regard to signage facing Fred Waring, the request was for capital letters "M"
and "B" to be reduced from the requested 33" to 30" to match other existing
signage (i.e., Trader Joe's).
Councilman Snyder moved to, by Minute Motion, approve the request as revised by staff to allow
30" capital letters "M" and "B" on the north elevation of Mrs. Bone's Nature's Gourmet facing Fred Waring
Drive. Motion was seconded by Kelly and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF 20TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROJECT CHANGE AND REPROGRAMMING.
Mr. Altman noted the report in the packets from Dave Millheim and offered to answer any
questions.
Councilmember Benson moved to, by Minute Motion: 1) approve the application from Foundation
for the Retarded of the Desert (attached to the staff report dated January 12, 1995) to change the use of its
20th Year grant; 2) approve the reprogramming of the Foundation's 19th Year grant of $15,000 and unused
18th Year funds of $5,500 to its 20th Year grant so that it can complete its project. Motion was seconded
by Snyder and carried by unanimous vote.
C. REQUEST FOR CONSIDERATION OF 21ST YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS.
Mr. Altman noted the report in the packets and offered to answer any questions.
Councilman Snyder moved to, by Minute Motion, approve the staff recommendation for use of the
21st Year Community Development Block Grant (CDBG) funds and authorize staff to file applications for
use of such funds. Motion was seconded by Kelly and carried by unanimous vote.
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D. REQUEST FOR CONSIDERATION OF MATERIAL RECOVERY FACILITY (MRF)
SITING.
Mr. Wohlmuth reviewed the staff report relative to locating a MRF in Palm Desert. He
noted that as of January 11, 1995, the only other entity expressing interest in a MRF site was
the County of Riverside, to be located on the proposed closed Coachella landfill site. He aid
the consultant was asking that the Council seriously consider having a site in Palm Desert
because of the City being in the center of the Valley. The proposed Palm Desert site would
be out by the railroad tracks on Portola Avenue extended. He said staff was asking for a yes
or no from the Council on this site so a report could be made to the MRF Task Force.
Councilman Snyder expressed concern that such a facility would be too close to the proposed
college in that area of Palm Desert.
Councilman Kelly said he felt there might be other mid -valley locations available, and he did
not think it would absolutely have to be near the railroad tracks. He said he did not think
we should have such a facility in Palm Desert because of the number of trucks that would be
coming in and out all the time. He said there were other places that would have less effect
on the community.
Council agreed.
Councilman Kelly added that he felt we were getting to where we need a transfer station, not
a MRF. He said at the last meeting he made a pitch that we would send out an RFP, and it
would be written in such a way so that the free enterprise system could make a proposal and
be free to make any kind of proposal that would solve our problems in an innovative way.
He said if Council agreed, he would continue to take that direction. Council concurred.
E. REQUEST FOR CONSIDERATION OF COMPLAINT REGARDING RETENTION
TRENCH AT 73-190 JOSHUA TREE.
Mr. Winklepleck reviewed the staff report and showed photos of the retention trench. He
noted that the owner of 73-181 Shadow Mountain Drive (Mr. Charles Kaban), had attended
the Architectural Review Commission meeting of October 25, 1994, to express concern with
the irrigation runoff from the property of Mr. and Mrs. Jaymes at 73-190 Joshua Tree. He
said the irrigation was in place as a result of an Architectural Review Commission condition
requiring oleanders along the rear property line of the Jaymes residence, and the problem was
corrected when the Public Works Department had the Jaymes did a trench along the rear of
the lot to retain any irrigation runoff. Mr. Kaban indicated the trench had actually been dug
on his property which extends up to five feet beyond his back fence. The Architectural
Review Commission felt the City should get involved because the planting of oleanders was
done at their direction; therefore, staff was directed to prepare a brief history of the project,
including the intent of the grading plan, and forward it to the Council for action. He offered
to answer any questions.
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Mayor Crites asked if the oleanders were on drip irrigation, and Mr. Winklepleck responded
that they were not.
MRS. PAMELA JAYMES, 73-190 Joshua Tree, noted that the oleanders had been planted
during a heat wave and, therefore, needed a lot of watering.
Mayor Crites asked whether staff had suggested changing to a water efficient irrigation
method, and Mr. Winklepleck responded that staff had not done so because there did not
appear to be any problem with irrigation runoff. Upon further question by Mayor Crites
relative to the oleanders and the lot not meeting specifications from the Palm Desert Property
Owners Association, Mr. Winklepleck responded that they were put in because of concerns
from Mr. Kaban regarding the method in which the grading was done and because of the
view line from this back yard. Mayor Crites asked whether the Palm Desert Property
Owners Association (PDPOA) and the Architectural Review Commission had agreed this was
an appropriate consideration, and Mr. Winklepleck responded that the PDPOA had not gotten
involved with this through the Architectural Review Commission. He added that they
eventually approved it. He noted that the Architectural Review Commission felt it as an
appropriate concern. Mayor Crites asked if by grading permit a lawn was supposed to retain
its own runoff, and Mr. Folkers responded that it was unless there were other provisions for
taking water to another street, which there was not in this case. Mayor Crites asked whether
this lot was in conformance, and Mr. Winklepleck responded that it was according to the
grading plan and discussions with Public Works. When asked if it would hold its own runoff
without the trench, Mr. Winklepleck responded that it would not.
MR. WILLIAM JAYMES addressed the Council and said he was at this meeting because of
a personal vendetta by a neighbor. He said their grading plan conformed to that requested
by the City, they were given full approval for the grading plan, and they were issued a
Certificate of Occupancy. They were also approved by the PDPOA, and he had obtained
80% agreement to a variance. He noted the trench in question was about 6" deep and 6-8"
wide and was not part of the grading or drainage plan; it was requested by the City after he
had occupied the property and was done to stop runoff from watering. He said the trench
was not on Mr. Kaban's property -- it was partly on the Jaymes property and partly on the
borderline between the two properties. He added that that five feet was subject to an
electrical easement on both sides. He said they had complied with everything the City had
asked. At one point they tried to placate Mr. Kaban by offering to pay half the cost of a
wall, but Mr. Kaban did not want to do so, and the cost to do a wall now would be much
higher. He agreed it might be appropriate to slow down on watering, and once the oleanders
are growing well, the problem will probably go away. He added that he felt this was a civil
matter and that it would be inappropriate for the City to try to make them build a wall now
since they already have a Certificate of Occupancy.
MR. BERT KRIEGER, 45-565 Verba Santa Drive, spoke as a friend of Mr. Kaban and as
a member and director of the PDPOA for 17 years. He said the house plans originally were
for a different location. The PDPOA Architectural Committee disapproved those plans.
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They did not approve the resubmitted plans for the new address. He noted the PDPOA
started a suit against the Mr. Jaymes because he did not have permission from the Association
for these plans. He was told if he could get 65% of the homeowners within 500 feet to
approve it, the lawsuit would be dropped. He reiterated his statement that there was no
written approval by the PDPOA for this address.
MRS. PAMELA JAYMES stated she had contacted the PDPOA and was disappointed they
did not approve her home. She added that she had been told by the City that she did not need
to go to the Palm Desert Property Owners Association for approval.
Mayor Crites stated that the issue here was drainage, and he asked if there was any data
about what happened during the recent rains. Mr. Winklepleck said he had no information
at this time.
MR. CHARLES KABAN addressed Council and stated there was damage to his fence. He
noted that his property was shaped like a triangle and that the trench ran parallel with his
fence line, with about 80% of it on his property. Upon question by Mayor Crites, Mr.
Kaban agreed that the trench did work as far as stopping the runoff of water from the Jaymes
property under his fence.
Councilmember Benson stated this appeared to be a civil matter and that she did not think it
was something the City needed to get involved with.
Councilman Kelly agreed and said he did not know why the Council was dealing with this.
Mr. Erwin said his position had for several months been that this is a civil matter and that
Council has no involvement.
Mayor Crites stated that even though this is a civil matter, he felt it was highly unlikely that
anyone was going to use the two feet between the oleanders and the fence and that a
reasonable compromise might be to: 1) have the Jaymes change to a drip irrigation system
for the oleanders so they are not spraying water; and 2) have the property owner on the other
side of the fence leave the ditch in a place where no one can use the land anyway. Between
the drip system and the trench, the problem should be solved.
Councilmember Benson moved to, by Minute Motion, express the Council's position that this issue
is a civil matter. Motion was seconded by Kelly.
Councilman Snyder stated that he was part of the original approval of the grading for this
property and felt he should, therefore, abstain from voting
Mayor Crites called for the vote, and it carried by a 3-0-1 vote, with Councilman Snyder
ABSTAINING.
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F. CONSIDERATION OF REQUEST FROM MR. V. N. ERICKSON, PRESIDENT OF
MONTEREY COUNTRY CLUB ASSOCIATION, INC., RELATIVE TO VEHICULAR
ACCESS TO BALLFIELDS AT THE CIVIC CENTER.
Mr. Altman asked that this matter be referred to staff for report and recommendation at the
next meeting.
Councilman Snyder moved to continue this item to the meeting of January 26, 1995. Motion was
seconded by Kelly and carried by unanimous vote.
Mayor Crites asked that when this comes back that staff also provide a copy of the conditions
and Council minutes from that time to see what was said or not said. Council concurred.
G. REQUEST FOR CONSIDERATION OF THE ADOPTION OF A RESOLUTION
SUPPORTING THE PASSAGE OF PROPOSITION 172, THE "LOCAL PUBLIC SAFETY
PROTECTION AND IMPROVEMENT ACT OF 1993".
Mr. Altman stated that a report and recommendation would be prepared for the next meeting.
Councilman Snyder moved to refer this matter to staff for report and recommendation at the
meeting of January 26, 1995. Motion was seconded by Kelly and carried by unanimous vote.
H. REOUEST FOR APPROVAL of the Resort Express Shopping Shuttle.
Mr. Wohlmuth reviewed the staff report, noting that the El Paseo Business Association had
agreed to fund the retail express in the amount of $1,500 contingent upon Council approval
and neighboring retail center participation in this program. He said the budget he had
prepared as part of the staff report would be enhanced by the El Paseo Merchants. He said
staffs recommendation was that Council approve the retail express for a four month program.
Councilman Kelly said he felt this would enhance the community and was something that
would be extremely beneficial.
Councilman Kelly moved to, by Minute Motion, appropriate $15,000.00 from the General Fund
Unobligated Budget Reserve to the Resort Express Account No. 110-4416-414-3681 for the purpose of
providing a community shopping shuttle. Motion was seconded by Snyder and carried by unanimous vote.
I. INFORMATIONAL ITEMS:
1. Colony CableVision of California Update.
Mr. Ortega noted the report in the packets relative to cable complaints received for
the period from December 28, 1994, through January 3, 1995.
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2. Flood Insurance Rate Map -- Proposed Revisions.
Mr. Folkers stated there as a meeting of January 13, 1995, with other City Managers
from Rancho Mirage, Cathedral City, and possibly Palm Springs to talk about this
matter with the Water District. He said he felt any real discussion before that meeting
was premature. He added that staff would keep the Council informed about what is
going on.
XI. CONTINUED BUSINESS
None
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
Request for Closed Session:
Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9:
Palm Desert v. Thomas, Byrne and Smith, Riverside County Superior Court, Case No. Indio
69969;
Palm Desert v. Refco Capital Corp., United States District Court, Case No. CV 92-7633
RJK.
C. CITY CLERK
None
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D. MAYOR AND MEMBERS OF THE CITY COUNCIL
City Council Requests for Action:
1. Letter dated November 30, 1994, from Local Government Commission
Requesting that the City of Palm Desert Take Various Actions with Regard to
Communicating Its Concerns About the California Public Utilities Commission
Electricity Deregulation (Mayor Buford A. Crites).
Councilman Kelly stated he would like a staff report on this item.
Mayor Crites suggested that this be referred to staff for report and recommendation, with the City
Manager to assign this matter to the appropriate staff person. Council concurred.
2. Letter from Water Education Foundation Relative to the March 8-10, 1995,
Southern California Water Tour (Mayor Buford A. Crites).
Mayor Crites stated that this had been included in the packets as an
information item and that no Council action was required.
o City Council Committee Reports:
1. City Selection Committee
Councilman Kelly stated that there had been a meeting of the City Selection
Committee to select representatives to the Riverside County Transportation
Commission and the South Coast Air Quality Management District Board.
Two of the positions were those vacated by S. Roy Wilson. He noted that
Ron Loveridge from Riverside was selected to serve on the SCAQMD and the
Mayor Pro Tem from Murrietta was selected to serve on the Riverside County
Transportation Commission. He said he was also selected to fill a seat on the
Riverside County Transportation Commission. He added that he had attended
an RCTC meeting on January 11, 1995, and he looked forward to representing
the cities of Riverside County on that board.
2. Fred Waring Drive Rezoning Issue
Mayor Crites asked staff for a report relative to the meeting held with
residents of Fred Waring Drive regarding possible rezoning.
Mr. Diaz stated that there seemed to be some strong sentiment that if
something else could be done to relieve the existing residential area from
noise, the change of zone to Office Professional would not be necessary. He
said there was also some feeling and concern raised by residents to the rear of
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those who front on Fred Waring Drive relative to changing the zone to more
intensive use. He said the Public Works staff was working on some ideas
which would be part of the report coming to the Council on January 26, 1995.
He added that the people on Fred Waring who met with staff were aware of
the fact that a report would be presented to the Council on January 26th.
XIV. ORAL COMMUNICATIONS - B
None
With Council concurrence, Mayor Crites adjourned the meeting at 5:30 p.m. to Closed Session to
discuss items listed under Section XIII-B. He reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PLAOUE OF APPRECIATION TO MS. MARY ANN BECKHAM
FOR HER SERVICE ON THE CITY'S CIVIC ARTS COMMITTEE FROM SEPTEMBER
1993 TO NOVEMBER 1994.
On behalf of the entire City Council, Mayor Crites read and presented a plaque of
appreciation to Mary Ann Beckham for her service on the City's Civic Arts Committee.
Mrs. Gilligan added her thanks to Ms. Beckham on behalf of staff.
XVIII. PUBLIC HEARINGS
A. REOUEST FOR AUTHORIZATION TO ASSESS LIEN ON ABATEMENT OF PUBLIC
NUISANCE AT 72-666 HEDGEHOG STREET, PARCEL #640-281-029-4, PROPERTY
OWNER MS. MARY LOU ECHTERNACH.
Mr. Ramsey reviewed the staff report and offered to answer any questions.
Councilman Snyder asked whether staff had ever heard from this property owner. Mr.
Ramsey responded that staff had made several attempts to contact the property owner but that
no response had ever been received.
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Mayor Crites 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 closed.
Councilmember Benson moved to waive further reading and adopt Resolution No. 95-1,, assessing
a lien against Parcel Number 640-281-029-4 for lot abatement costs in the amount of $ 1, 642.00 plus 25 %
Administration Fee. Motion was seconded by Snyder and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF APPLICATION BY SHAWNA CHRISTINE
MASON FOR ADULT ENTERTAINMENT LICENSEJPERMIT.
Mr. Ramsey reviewed the staff report, noting that the City's current adult entertainment
ordinance did not have a specific classification for this type of activity. However, it was
currently being revised, and the new ordinance would deal with this type of activity. He
added that the new ordinance should be before the Council at its next meeting for first
reading. He noted the options Council has at this time and said staffs recommendation was
that the Council declare a moratorium until review of the revised ordinance is completed.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request.
MR. ROBERT STONICK, resident of Palm Desert, addressed the Council and asked what
the permit was for.
Mr. Ramsey responded that the applicant was applying to conduct exotic dancing at private
parties or for individuals at hotels. He noted that her establishment was actually in Palm
Springs and added that the new ordinance would cover this activity.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Mr. Erwin stated that staff anticipated that the comprehensive ordinance would be on the
Agenda for the January 26th meeting for first reading. Since this application had been filed,
he recommended rather than do nothing, Council should at least look at processing it. He
said Council's options were to: 1) approve the request; 2) deny it; 3) declare a moratorium
on this type of activity. He suggested that if Council wishes to declare a moratorium that it
be declared on all adult activities of any sort to the fullest extent. He added that this was set
forth in the ordinance he had prepared.
Councilmember Benson moved to waive further reading and adopt Interim Urgency Ordinance No.
2(22 Adopting a Moratorium on Adult Entertainment Businesses. Motion was seconded by Kelly and carried
by unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
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XX. ADJOURNMENT
Councilman Snyder moved to adjourn the meeting at 7:35 p.m. to 6:00 p.m. on Monday, January
23, 1995. Motion was seconded by Benson and carried by unanimous vote.
ATTEST:
11 SHEILA Rl�
CITY OF 1i?
ILLIGAN, CITE'
.M DESERT, CALIFORNIA
BUFOR A. CRITES, MAYOR
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