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HomeMy WebLinkAbout1995-10-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:10 p.m. H. ROLL CALL ?resent: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Ramon A. Diaz, Acting City Manager David J. Erwin, City Attorney Mary P. Gates, Deputy City Clerk Carlos L. Ortega, ACM/RDA Executive Director Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Wayne Ramsey, Director of Code Compliance Phil Drell, Acting Director of Community Development III. ORAL COMMUNICATIONS - A MR. HERMAN P. SLANDER, 42-980 Massachusetts Court, addressed the Council and asked whether the City had ever considered purchasing Palm Desert Country Club. Mayor Crites responded that the City had considered such a purchase approximately six years ago. Mr. Slander asked if the Council would consider it again and said anyone living on that golf course will suffer because the course is not being maintained and the Club was in trouble again. 1VHNUTFS — REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated it was his understanding that it had just been sold. Mr. Slander responded that it had fallen out of escrow again, and the owners had not reseeded the golf course. Mayor Crites stated that the Council would take this request under advisement. MS. PAMELA BAKER, LA Cellular Superstore, stated that the Waring Plaza center had a lot of tenants fall out because of the Desert Crossing center. She noted that she was requesting approval of a hot air balloon for the top of her store for a two -week period. (NOTE: SEE NEW BUSINESS ITEM A FOR COUNCIL DISCUSSION AND ACTION) MR. TIM McELRATH, head coach for Palm Desert Aquatics, stated he would like to officially thank the Council for its recent contribution, and he presented t-shirts to the Council in appreciation of this donation. He also introduced some of the team members and stated that monies raised from this have enabled the Palm Desert Aquatics to provide more equipment for the kids as well as scholarship monies. He noted ten members of the team were from Bosnia and that membership on the swim team was now up to 100. MR. MARTY BRHEL spoke as President of Crime Control Education Foundation, P.O. Box 2108, Palm Springs, 92263, and advised Council of the Desert Duathlon planned for November 25, 1995, at the Doubletree Hotel in Cathedral City. Mr. Jeff Fidler, also of the Crime Control Education Foundation, explained the event as a run/bike/run event plus a super kids event. He said they had secured $5,000 from the City of Cathedral City and a donation of an amount not to exceed $2,500 from the City of La Quinta. In addition, they had an item on the agenda for the Rancho Mirage City Council next week. He said they were shooting for the $10,000 point so they could get a full ten minutes of ESPN coverage and felt the more time they could get the more benefit there would be in showing the various parts of the desert and the race. He requested assistance from the City of Palm Desert. Mayor Crites stated that this request could be considered by the Outside Agency Contributions Committee at its next meeting. Councilmember Benson noted that the Convention and Visitors Bureau had decided not to fund this event because it was film only; however, the Bureau suggested that people like Marty write to the different cities for funding. MS. AGNES FLOR addressed the Council and explained that she would be traveling to the Philippines to celebrate her parents' 50th Wedding Anniversary. In addition, she would be visiting one of the Palm Desert Soroptimist Club's "Friendship Links" (she noted the other two were in British Columbia and New Zealand). She stated that the Philippines were celebrating 100 years of ties with the Americans and 50 years of liberation. Mayor Crites presented her with several keys to the City to take with her to present to the Soroptimist Club and wished her well. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 12, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 18. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Simonds Enterprises for The Golf Center Palm Desert, 74-945 Sheryl Drive, Palm Desert. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert Steakhouse, Palm Desert Steakhouse, Inc., and SIF Investments, Inc. for Outback Steakhouse, 72-220 Highway 111, Palm Desert. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. E. APPLICATIONFOR ALCOHOLIC BEVERAGE LICENSE by Palm Springs, Monkees, Inc. for The New Tai Ping Restaurant, 45-299 Lupine Lane, Palm Desert. Rec: Receive and file. F. MINUTES of the Promotion Committee Meeting of September 17, 1995. Rec: Receive and file. G. REOUEST FOR APPROVAL of the Serving of Beer and/or Wine at the Post Golf Cart Parade Activities. Rec: By Minute Motion, approve serving beer and/or wine at the Palm Desert Civic Center Park following the Golf Cart Parade on November 5, 1995. H. RESOLUTION NO. 95-96 - A Resolution of the City Council of the City of Palm Desert, California, Creating a Petty Cash Fund Under the Supervision and Control of the Assistant City Manager/Director of Administrative Services. Rec: Waive further reading and adopt. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR APPROVAL of Final Tract Map 27770-1 (Sheffield Homes, Applicant). Rec: This item was continued to the meeting of November 9, 1995. J. REQUEST FOR APPROVAL of the Setting of a Public Hearing to Consider a Street Name and Name Change for 42nd Avenue and New Street Construction Between Carlotta Drive and Washington Street. Rec: Waive further reading and adopt Resolution No. 95-98 setting a public hearing to consider a street name and name change for existing street and new street construction between Carlotta Drive and Washington Street. K. REQUEST FOR APPROVAL of Participation in Raising Vista Chino Near the Whitewater Channel. Rec: By Minute Motion, approve a $15,000 contribution toward the raising of Vista Chino near the Whitewater Channel and authorize the appropriation of $15,000 from the Fund 400 - Year 2000 Account unobligated reserves. L. REQUEST FOR AWARD OF BID for Mobile Generator Hookup to Civic Center Park Well Pumps (Contract No. C09760). Rec: By Minute Motion: 1) Award the bid for the electrical work to hook up the City's mobile generator to the park well pumps to LaSalle Electric of Cathedral City in the amount of $12,867.00; 2) authorize the appropriation of $12,867.00 from the unobligated general fund reserve for the work. M. NOTICE OF COMPLETION for the Whitewater Storm Drain Channel Soil Removal, Transport, and Deposition for the Cook Street Extension (Project No. 660-95, Contract No. C09560). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the Whitewater Storm Drain Channel Soil Removal for the Cook Street Extension. N. REOUEST FOR RELEASE of Subdivision Improvement Security for Tract Map 26123 (Eldorado Drive Improvements). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject security. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 s s s s* s * s s s s** s s s * s s s s s s s s s s s s s s s s * s s s s O. REQUEST FOR APPROVAL of Design Change Order No. 2 for Interstate 10/Cook Street Interchange Contract (No. C06490). Rec: By Minute Motion: 1) Approve Design Change Order No. 2 to the subject contract in the amount of $8,805.00 for the increased scope of landscape design services; 2) appropriate an additional $8,805.00 to the project account. Estimated additional revenues from CVAG reimbursement will be $8,805.00. P. CLAIM AGAINST THE CITY (#293) by Jesse Innes in an Unspecified Amount. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. Q. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. C04§50 - Engineering for the Monterey Avenue Storm Drain. Rec: By Minute Motion: 1) Approve Change Order No. 3 in the amount of $3,000.00; 2) authorize the appropriation of $3,000.00 from the Unobligated Drainage Fund Reserve to the Project Account No. 232-4370-433-3010. R. REQUEST FOR APPROVAL of Purchase of Radio Communication System for Emergency Operation Center (EOC). Rec: By Minute Motion, approve and appropriate from the unobligated general fund $21,366.20 for the purchase of the Emergency Operation Center (EOC) radio communication system. S. REQUEST FOR RATIFICATION of Soil Purchase from the Coachella Valley Water District for the Cook Street Embankment. Rec: By Minute Motion, ratify the purchase of 60,000 cubic yards of dirt from the Coachella Valley Water District in the amount of $160,000 for the Cook Street embankment. Mr. Folkers asked that Item I be continued to the meeting of November 9, 1995. Upon motion by Spiegel, second by Kelly, and unanimous vote of the City Council, Consent Item I was continued to the City Council meeting of November 9, 1995, and the remainder of the Consent Calendar was approved as presented. V. RESOLUTIONS None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * « * * * * * * * * * * * * * * « * « * * * * * * * * * * * * * * * VI. ORDINANCES For Introduction: None For Adoption: None VII. CONSENT ITEMS HELD OVER None VIII. NEW BUSINESS A. CONSIDERATION OF REQUEST BY LA CELLULAR SUPERSTORE FOR A HOT AIR BALLOON DISPLAY. Mr. Drell stated that staff had been given authority to approve requests for hot air balloons for periods of two days. Because this request is for two weeks, it exceeded staffs authority. Based on previous direction, staff did not feel a two -week display would be appropriate. MS. PAMELA BAKER, Store Manager for LA Cellular Superstore, stated that this was an effort to get some excitement into that center that is suffering because of stores leaving to go to the Desert Crossing center. In addition, she said it would give her company the opportunity to do a little more advertising. Upon question by Councilman Kelly, Ms Baker responded that LA Cellular Superstore was located in Waring Plaza across the street from Bananaz. She said the balloon would be on top of the store facing the Highway 111 side. It is 33 feet tall and weights 120 pounds and would be clamped to the edge of the building. She said it would have the LA Cellular logo (royal blue with a white background) and probably a yellow grand opening banner. Councilman Spiegel welcomed LA Cellular to Palm Desert and said the City was proud to have them here. He said he felt this business would be an asset to the City. He said he would love to approve the banner for two weeks; however, that might set a precedent for other people to come in and make similar requests, and he could not personally vote for approving the two weeks. Ms. Baker said that when she first approached the City with the idea of having a balloon, she was told that it would be a "two day, never again" type of thing. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Drell stated that staff was authorized to approve a balloon for two days for a one-time grand opening or other event without consulting with the Council. Councilmember Benson noted that two days would be okay with her. Councilman Kelly said he agreed the City should help that center and would be supportive of a two-day approval. Councilman Kelly moved to, by Minute Motion, approve a hot air balloon display for LA Cellular Superstore for a two-day period. Motion was seconded by Spiegel and carried by unanimous vote. B. REQUEST FOR APPROVAL OF A 4 FOOT BY 16 FOOT TEMPORARY BUSINESS IDENTIFICATION SIGN AT 72-240 HIGHWAY 111 IN THE PC-3 ZONE, Case No. 4562SA, (The Book Market, Applicant). Mr. Drell reviewed the staff report, noting that this business was a temporary replacement for the Circuit City store site and only planned to be open until Christmas or early next year. He said the applicant did not want to go the expense of wiring in a permanent sign. The Architectural Review Commission had approved a sign with lighting matching the burgundy color or the tile for a three-month period. The approval included a stipulation that if they were in business longer than the three months, they would have to come in with a permanent sign program. Mayor Crites expressed concern that we not encourage temporary businesses to come in and do well at the height of the season and then leave the community. Ile said he wanted to make sure we do not encourage anything that would do a disservice to our permanent residents. MS. LYNNE PACHEN, Representative of The Book Market, 72-240 Highway 111, addressed the Council and stated that most of what her business sold was publishers' overstock, and most of the books were ones that had been published prior to 1994. She said they were not really competition to stores selling best sellers. Upon question by Councilman Spiegel, she stated that the sign would not really be illuminated at night because they did not have a way to light the sign without great expense. Councilmember Benson stated there was a similar situation last year at the Palms to Pines Center where the business came in just during the holiday season. She said she did not think this was fair for temporary businesses to come in just during this time. Councilman Kelly asked what the specific issue was that kept this sign from conforming with the sign ordinance since size was not a problem. Mr. Drell responded that the sign program indicates individual halo lit letters, whereas this sign would be unlit and would be one big sheet of aluminum painted white with red letters. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites suggested asking that a representative from Downey Savings appear before the Council to support this request and explain what they plan to do about the merchant mix. Councilman Kelly stated he did not feel the Council had the authorization to say this business could not come into the City for three months. He also felt they had the right to have some type of identification, but he said we should make sure the people who own the center and are in charge of the leases have some concern for the rest of the businesses that are in that center. He also said there were illegal signs all over the City right now, including window advertising, and the City does nothing about them. Here is a business that is wanting to get permission for signage and doing it legitimately. Councilman Spiegel stated that the only problem he saw was that this was to be for three months, and it is already almost November. The space has been leased, and the books are already in the building. He suggested appointing two Councilmembers to talk to representatives of the center and have authorization to make a decision on this. Councilmember Benson stated she was not in favor of this sign and felt that to put a temporary sign up for three months in a nice looking center like this would not be right. Councilman Snyder volunteered as one of the Councilmembers to meet with representatives of Downey Savings & Loan. Mayor Crites said he felt Barnes and Noble should also have input into this matter. Councilman Spiegel also volunteered to work on this and said they would try to get it resolved as quickly as possible. Councilman Kelly moved to, by Minute Motion, authorize Councilmen Spiegel and Snyder to work on this matter, including having discussions with representatives of the center's management company and Barnes & Noble Bookstore, and to make the decision on behalf of the Council relative to approving or denying the request. Motion was seconded by Crites and carried by a 4-1 vote, with Councilmember Benson voting NO. C. INFORMATIONAL ITEMS: 1. Continental Cablevision Update. Mayor Crites noted the report in the packets regarding cable complaints received for the period from September 20, 1995, through October 17, 1995. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue d. Roads and Bridges Benefit District. Mr. Erwin noted that an item had come up in the last day relative to the interchanges and asked that it be added to the Agenda for discussion in Closed Session pursuant to Government Code Section 54956.9(b). Councilman Snyder moved to add this item to the Closed Session. Motion was seconded by Spiegel and carried by unanimous vote. 3. Final Report from Cal State University San Bernardino, Coachella Valley Campus, Students Entitled "A Business Retention Study for the City of Palm Desert". Mayor Crites noted the report in the packets. Councilman Snyder stated that this had been presented to the Economic Development Advisory Committee and showed that our college students can accomplish a great deal if they have the opportunity and guidance that they received. He said he felt they did an excellent survey on Palm Desert. Councilman Spiegel stated he felt this was a good first effort but that he was disappointed that there were not enough groups of some stores to respond. He suggested that the next time we should look at the questions a bit more in advance. Councilman Snyder stated that the Chamber of Commerce had assisted in creating some of the questions, and he agreed with Councilman Spiegel that the City needed to be more part of creating the questions. IX. CONTINUED BUSINESS None 9 Items REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. OLD BUSINESS A. REPORT AND RECOMMENDATION RELATIVE TO FOURTH SIGN COLOR FOR REMODEL AND ADDITION AT THE FORMER ONE ELEVEN TOWN CENTER ON THE WEST SIDE OF TOWN CENTER WAY BETWEEN HIGHWAY 111 AND FRED WARING DRIVE, Case No. PP 86-28 Amendment #1 (Festival Management Corporation, Applicant). Mayor Crites noted a request from the applicant for continuance of this matter. Councilman Spiegel moved to continue this matter to the meeting of November 9, 1995. Motion was seconded by Kelly and carried by unanimous vote. XI. REPORTS AND REMARKS A. CITY MANAGER 1. Constitution Revision Commission's Summary of Preliminary Recommendations. Mr. Diaz noted the memorandum in the packets. He asked that Council let staff know if are any issues that Council wishes staff to look into at this point or in the near future. He also noted the suggestion in the last paragraph of the letter relative to the possibility of looking at the "general law" versus "charter city" issue at a later date. Councilmember Benson stated that she had asked several months ago for staff to look into the pros and cons of this and had never heard anything else. Mr. Diaz responded that staff would prepare a report for the next meeting. Mayor Crites asked that staff also provide a progress report at the next meeting relative to the school district boundary change. No Council action taken on this item. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * f B. CITY ATTORNEY Mr. Erwin noted the items listed on the Agenda for Closed Session, including the item added by the Council. Request for Closed Session: Public Employment pursuant to Section 54957 Title of Position: City Manager C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o pity Council Requests for Action: 1. Councilman Spiegel stated that Council may wish to some time in November look at the political sign ordinance as far as sizes. o City Council Committee Reports: 1. Councilman Kelly reported that at the recent League of California Cities meeting, the issue of a new Riverside County Division of the League was passed by a vote of 90% to 10%. 2. Councilmember Benson reported that LAFCO today approved the dissolution of the Palm Desert Water and Services Agency. She said the next step would be a protest hearing before the Board of Supervisors. She added that there will not be an election. XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XIII. PUBLIC HEARINGS None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B None XV. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting at 5:07 p.m. to Closed Session to discuss items listed by the City Attorney. Mayor Crites reconvened the meeting at 6:10 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: ‘tce MARY P. G , DEPUTY CITY CLERK CITY OF PA DESERT, CALIFORNIA ./is BUFORDYA. CRITES, MAYOR 12