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HomeMy WebLinkAbout1987-09-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 10, 1987 CIVIC CENTER COUNCIL CHAMBER • • • • • • • • • • • • • • • • • • • • • • • • • I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager Carlos L. Ortega, Assistant City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Richard J. Folkers, Director of Public Works Ramon A. Diaz, Director of Community Services Kirby J. Warner, Director of General Services Wayne Ramsey, Acting Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 27. 1987. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0805, WR0808. and WR081I. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Orton Jay Lofthus, David Mark Roberts. and Michael John Roberts for The Village Butcher, 74-410 Highway 111, #C, Palm Desert. Rec: Receive and refer to the Department of Community Development/Planning for processing. D. CLAIM AGAINST THE CITY (##054) by Art Linnemeyer in the Amount of $8.00. Rec: Deny the Claim and Instruct the City Clerk to so advise the Claimant. E. REQUEST FOR APPROVAL of Final Parcel Map 20948. Rec: Waive further reading and adopt Resolution No. 87-81, approving Parcel Map No. 20948. F. NOTICE OF COMPLETION for Contract No. 00-194 (1113)- Portola Avenue and Hovley Lane Drainage Facility. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject contract. G. REQUEST FOR APPROVAL to Release Subdivision Improvement Bonds for Tract 19640, Ironwood Country Club. Rec: By Minute Motion, accept the subdivision as complete and authorize the City Clerk to release the subdivision improvement bonds on Tract 19640, Ironwood Country Club. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • H. REOUEST FOR AWARD OF CONTRACT NO. 00-244E for Engineering Services for Traffic Signal Installation at Fred Waring Drive and Town Center Way. Rec: By Minute Motion, award Contract No. 00-244E to BSI Consultants, Inc., in the amount of $4,950.00 as the negotiated quotation amount and authorize a fifteen percent contingency reserve for the contract in the amount of $745.00. 1. REQUEST FOR AWARD OF CONTRACT NO. 00-245 for Highway 111 Median Landscaping Maintenance. Rec: By Minute Motion, award the contract for the Highway 111 Median Landscape Maintenance to the lowest responsible bidder, Moser Landscape, in the amount of $1,940.00 per month for nine months. J. REQUEST FOR AWARD OF CONTRACT for Purchase of Main Broom Street Sweeper. Rec: By Minute Motion, award the contract for the purchase of a main broom, conveyor belt street sweeper, to Haaker Equipment Co. in the amount of $85,303.50. K. REQUEST FOR APPROVAL of Maintenance Agreement (Contract No. 00-246) for Traffic Signal at Monterey Avenue and Clancy Lane/Avenida Del Sol. Rec: By Minute Motion. authorize the Mayor to enter into an agreement with the City of Rancho Mirage for the maintenance of the traffic signal at Monterey Avenue and Clancy Lane/Avenida Del Sol. L. REQUEST FOR APPROVAL of Street Name Change within Tract 14032 (Silver Sands Racquet Club). Rec: Waive further reading and adopt Resolution No. 87-82. approving a street name change within Tract 14032. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SE PTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • M. RESOLUTION NO. 87-83 - A Resolution of the City Council of the City of Palm Desert, California, Rescinding Resolution No. 86-116 which Established the Position of Alternate Member for the Advertising 8 Promotion Committee. Rec: Waive further reading and adopt Resolution No. 87-83. N. REQUEST FOR APPROVAL to Initiate Pre -Annexation Zoning for Country Club Village Estates Area West of Cook Street, North of Whitewater Channel. Rec: By Minute Motion, initiate pre -annexation zoning for the Country Club Village Estates area and other preparations leading to an application for annexation to the City of Palm Desert. 0. CONSIDERATION OF RESOLUTION from City of Indian Wells in Opposition to Senate Bill 87 Regarding Licensing of Landscape Architects. Rec: Receive and file. P. REQUEST FOR CONSIDERATION OF BIDS FOR CIVIC CENTER MODIFICATIONS. Rec: At this time, receive and file the bid from Kretz Construction. Councilman Wilson asked that Items H and P be held for separate descussion under the Consent Items Held Over portion of the Agenda. Councilman Crites asked that Item I also be held for separate discussion. Upon motion by Crites, second by Wilson, and unanimous vote of the Council, the Consent Calendar, with the exception of Items H, 1, and P, was approved as presented. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • a • • • • • • • • • • • a a a • • • • • VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 512 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.56.190(D) PERTAINING TO HEDGES. Mr. Altman reported that at its meeting of August 27th. the Council had directed staff to prepare an ordinance deleting the word "hedge" from Municipal Code Section 25.56.190(0). He recommended that this ordinance be passed to second reading. Councilman Crites moved to waive further reading and pass Ordinance No. 512 to second reading. Motion was seconded by Benson and carried by unanimous vote of the Council. For Adoption: None IX. CONSENT ITEMS HELD OVER H. REQUEST FOR AWARD OF CONTRACT NO. 00-244E for Engineering Services for Traffic Signal Installation at Fred Waring Drive and Town Center Way. Councilman Wilson expressed concern that staff was adding lights at almost every intersection on Country Club. Highway 111, and Fred Waring Drive. which was slowing down traffic. He agreed that the signals were necessary for safety but asked that staff investigate alternatives. such as overpasseses. underpasses, right -turn only. etc., to keep the traffic moving and still provide the safety factor. Upon question by Councilmember Benson. Mr. Folkers stated that the One Quail Place project had paid signalization fees when it was first developed. and the One Eleven Town Center project was both paying signalization fees and providing a traffic signal at Town Center Way at the entrance to the Palm Desert Town Center and One Eleven Town Center areas. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • 1 • • • • • it • • • • • • • • • * • • • • • • Councilman Wilson moved to, by Minute Motion, award Contract No. 00-244E to BSI Consultants, Inc.. in the amount of $4,950.00 as the negotiated quotation amount and authorize a fifteen percent contingency reserve for the contract in the amount of $745.00. Motion was seconded by Crites and carried by unanimous vote of the Council. I. REQUEST FOR AWARD OF CONTRACT NO. 00-245 for Highway 111 Median Landscaping Maintenance. Councilman Crites questioned whether this would be for maintenance of the existing landscaping or if something different would be put in on the medians. He stated he did not think what was there now should be maintained and still be there in nine months. Mr. Folkers explained that the City's new park supervisor was reviewing this and would be determining the appropriate plants for the medians and would be refurbishing the existing landscaping to make it look much nicer. This contract would be to maintain whatever was put in by the City. Councilman Crites moved to, by Minute Motion, award the contract for the Highway 111 Median Landscape Maintenance to the lowest responsible bidder, Moser Landscape, in the amount of $1,940.00 per month for nine months. Motion was seconded by Benson and carried by unanimous vote of the Council. P. REQUEST FOR CONSIDERATION OF BIDS FOR CIVIC CENTER MODIFICATIONS. Councilman Wilson asked whether staff had been authorized to go to bid for the Civic Center modifications. Mr. Altman responded that Council had authorized this to go to bid as three separate contracts per the staff report. He said receiving and filing the bid from Kretz Construction would give staff time to further analyze the matter. MR. DAVID KRETZ asked what the next step would be. Mr. Altman stated that the architect was presently out of town, that a meeting would be held between the architect, 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • the subcommittee, and Mr. Kretz, and that the matter would be back to the Council on September 24th for action. Councilmember Benson moved to. by Minute Motion. receive and file the bid from Kretz Construction at this time. Motion was seconded by Snyder and carried by unanimous vote of the Council. X. NEW BUSINESS A. REQUEST FOR APPROVAL of Speed Zone Establishment on Haystack Road Between State Highway 74 and Portola Avenue. Mr. Altman stated that the main reason for establishment of the speed zone in this area was so it could be enforced with radar. Councilman Wilson moved to waive further reading and pass Ordinance No. 513 to second reading, establishing a new speed zone on Haystack Road between State Highway 74 and Portola Avenue. Motion was seconded by Benson and carried by unanimous vote of the Council. B. CONSIDERATION OF REOUEST FROM NATIONAL LEAGUE OF CITIES for Support of Reauthorization of Housing and Community Development Laws. Councilmember Benson stated that this was brought before CVAG's Housing Committee and that all of the representatives on that committee were taking this matter back to their respective cities for the same action recommended here. Councilmember Benson moved to, by Minute Motion, direct Staff to advise the National League of Cities and Congressman Al McCandless that the City of Palm Desert supports the reauthorization of Housing and Community Development laws, which will not have an impact on cities. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. CONSIDERATION OF REQUEST FROM CIVIC ARTS COMMITTEE for $7,500 Per Year Funding for a Palm Desert Children's Choir. Mr. Altman stated there was a memo in the packets and that Alex Yaron, Chairman of the Civic Arts Committee, was present to answer any questions. 7 MINUTES 'REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Crites asked how the funds would be utilized in the future. Mr. Yaron explained that the request for $7,500 per year was not an open ended request and would be for a two-year trial period. He said within that time span, the value of the choir would prove itself to the City so that some community support could be obtained. He said the $7,500 was essentially seed money for each of two years and that the Committee would be happy to provide a budget as to how the monies would be used. He said the Committee felt this would be a good opportunity for children in the community. He added that he could see the choir as self-supporting in two years. DR. JOHN NORMAN, 71-503 Bistro Road, Rancho Mirage, spoke as Choir Subcommittee Chairman and stated he supported Mr. Yaron's statements as to the value of the program to the City. Upon question by Councilman Wilson, Dr. Norman responded that he estimated 35-40 children would be participating. He added that he would be willing to offer space at College of the Desert for rehearsals. Councilman Crites asked for some examples of events in which the choir would participate. Dr. Norman responded that the choir would perform for City functions and other events in the community and would probably want to have designated public concerts. Councilman Crites moved to continue this matter to the meeting of September 24, 1987, and asked for information relative to a budget showing how the funds would be utilized and a list of the kinds of civic functions in which a children's choir could participate. He also asked that at some point it be made clear for how many years the contribution would be made. Motion was seconded by Kelly. Councilman Wilson stated he supported the motion. However, he said he would like to know if there was any community interest in this choir and whether any volunteer funding was already in place. Councilmember Benson agreed and said that although the Council agreed this would be nice, it wo-uld also need to 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • a • • • • • • • • • • • • be sure this was something that the community would like to have. Councilman Snyder agreed with both Wilson and Benson and stated that he needed to have more factual data before agreeing to spend this kind of money. He suggested that it be turned over to the Charitable Contributions Committee. Councilman Wilson suggested that it might be more appropriate to have the request reviewed the the Parks & Recreation Commission and said he felt it was a very exciting adjunct to things like baseball and soccer for the kids. Councilmember Benson also asked that a press release be sent out asking for interested persons to contact the City. Mr. Diaz stated that the Parks & Recreation Commission would be meeting on September 23rd and that it might be difficult to have written comments ready for the September 24th meeting. Councilman Wilson asked that an oral report be given on September 24th. Councilman Wilson amended his motion to include the above Council requests for additional information and press release. Councilmember Benson amended her second. The motion carried by a 4-1 vote. with Councilman Snyder voting NO. D. REPORT ON MEDICAL INSURANCE PROGRAMS. Mr. Warner reviewed his memorandum dated August 18. 1987. noting that he was looking at possibly offering an alternative to Pacificare in January. 1988. Mayor Kelly stated that he had personally had very good results with Pacificare and was concerned that finding an alternative insurance plan might jeopardize that relationship. He said he wanted to be sure the City did not end up with a plan that would be more costly to the employees. Mr. Warner stated that he was trying to find something that would be a Health Maintenance Organization (HMO) like 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Pacificare. If he could not, then Pacificare would continue to be used. He added that at this point in time, he was not sure what was going to happen but that he would keep the Council informed as the program developed. With Council concurrence, the Mayor suspended the regular order of the Agenda at 4 : 53 p.m. in order to consider Item D under Old Business. Please see that section of the Minutes for Council discussion and action. The regular order of the Agenda was resumed at 5:45 p.m. E. REPORT ON NO PARKING SIGNS ON PORTOLA AVENUE AND FRED WARING DRIVE. Mr. Folkers stated that this was a request from a previous Council meeting and that staff had installed "no parking" signs along Portola as part of the final implementation of the Portola Storm Drain project. He said that staff would look into any citizen or Council concerns that had not yet been addressed. Councilman Wilson expressed concern with the narrowness of Portola Avenue from the water tank south to Highway 111, with a turn lane in the middle of the road. He said he had received a report from someone who rides a bike through this portion of Portola at the same time children are walking to and from school, and there is a potentially dangerous situation. If one of the kids steps out just a little bit, they are in the path of the traffic. He asked that staff investigate the possiblity of eliminating the turn lane in the middle of that strip of Portola. Councilman Snyder agreed that staff should take another look at the markings and put in turn lanes only where necessary. MR. SANDY BAUM, 45-800 Deep Canyon, stated he had been driving west along Fred Waring between Deep Canyon and Portola. He said that the car in front of hfm was forced to slow down because children had to walk out in the road to go around a parked van and the kids could not use the sidewalk. He said he felt this was a problem waiting to happen. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 Mr. Folkers stated that staff would be looking into this situation and would do any restriping necessary. Councilman Wilson asked that staff also look at the situation on Fred Waring between Phyllis Jackson Lane and Cook Street. He said several accidents had been reported to him because of the street narrowing from two lanes to one. Mr. Folkers responded that that area was the last Kelly Ordinance widening project and that staff was already considering it. F. INFORMATION ITEMS 1. California Beverage Container Recycling and Litter Reduction Act. Mr. Altman stated there was a memo in the packets from the Assistant City Manager. No Council action was necessary or taken on this item. 2. Civic Center Water Conservation Program. Mr. John Wohlmuth, Administrative Assistant, reviewed the staff report. noting that the California Soil Conservation Service was interested in conducting a three-year field trial on the City's irrigation system and landscape material. Mr. Don Ackley, 74-165 Chicory, spoke as a representative of the California Soil Conservation Service. He explained his firm's services, noting that the City could save approximately $1,000 to $1,500 per year on its water bill. He said that if the savings could be documented, his firm could use the Civic Center as an example of how the study works. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 a • • a • • • • • • a XI. CONTINUED BUSINESS • • • • • • • • • • • • • • A. REQUEST FOR WAIVER OF DRAINAGE FEES AND OFF -SITE IMPROVEMENT REQUIREMENTS FOR TENTATIVE PARCEL MAP NO. 22862 LOCATED ON THE EAST SIDE OF STATE HIGHWAY 74 BETWEEN PORTOLA AVENUE AND THE SOUTHERLY CITY LIMITS. (Continued from the Meetings of July 23. August 9, and August 27. 1987 - Ron Birtcher. Applicant). MR. SANDY BAUM. 45-800 Deep Canyon, stated he had met with the Coachella Valley Water District that day but that the meeting was not conclusive. He requested that this matter be continued to a time uncertain. Councilman Crites moved to continue this item indefinitely. Motion was seconded by Benson and carried by unanimous vote of the Council. XII. OLD BUSINESS A. CONSIDERATION OF REPORT AND RECOMMENDATION FROM CITY ATTORNEY'S OFFICE ON FINANCIAL DISCLOSURE REQUIREMENTS. Mr. Altman reviewed the memo in the packets relative to members of the various City committees and commissions filing Conflict of Interest Statements. He said staff felt it should be referred to the affected committees and commissions for information and comment before proceeding with implementation of this requirement. He said he felt the City might end up losing members on different bodies because of the disclosure requirements. Councilman Crites stated he felt the City Attorney's opinion was valid. He agreed that the committee and commission members should know of the City's intentions in this regard but did not agree that their opinions should be asked for. Councilman Wilson agreed with the City Attorney's interpretation but felt the Parks 8 Recreation Commission, which was left as acting in an advisory capacity, actually made strong recommendations and should be added to the list of committees and commissions required to file disclosure statements. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • • SEPTEMBER 10, 1987 • • • • • • • • • • Councilman Snyder asked whether staff had any background information as to what other cities in the Valley have done with regard to disclosure requirements. He said the Project Area Committee felt this was an invasion of privacy and that some of the members resented it. Councilman Wilson moved to continue this item to the meeting of October 8, 1987, and to direct staff to consult with the various committees and commissions to let them know that the Council is considering this. Motion was seconded by Snyder and carried by unanimous vote of the Council. 8. CONSIDERATION OF REPORT ON CONSUMER SERVICE PROGRAM. Mr. Altman reviewed the memo dated August 20, 1987. Councilmember Benson stated that with all the consumer programs there are, she did not feel this needed to have the Council's endorsement. Mayor Kelly asked that the letter sent to Mr. Edwards indicate that the Council encourages private ventures of this nature. Councilman Crites moved to, by Minute Motion, direct staff to prepare a letter for the Mayor's signature encouraging Mr. Jack Edwards' in his concept of a volunteer consumer service program. Motion was seconded by Snyder and carried by unanimous vote of the Council. C. UPDATE ON RODENT (RAT) CONTROL AND LETTER FROM MS. JANET THOMPSON. Mr. Ramsy reviewed the staff report, noting that although the report indicated the Mosquito Abatement District could provide rat poison, it was actually available for purchase thorugh the Agricultural Commission in Coachella for $2.56 per unit. He said the City of Indian Wells was selling this rat poison to its citizens. He added that he had invited Mr. Mike Wargo of the Coachella Valley Mosquito Abatement District to update the Council as to what his firm is doing. Councilman Crites stated he did not feel it was right to tell people that they have to drive to Coachella to obtain the rat poison and that if the City of Palm Desert wished 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • a a • • • • a • • • • • • • • • • • to provide this service it should consider doing the same thing as Indian Wells and allowing citizens to purchase the poison from the City. MR. MIKE WARGO, Coachella Valley Mosquito Abatement District. stated that his firm was not directly involved in rat control but rather mosquito and eye gnat control. However, he said they were looking at the possibl ity of expanding their services. He said they had hired an individual, bought traps, and sent him out in the field to obtain a sampling and find out just how much of a problem exists. He said they would be assessing this situation without any City involvement at this time. However, if a particular city was concerned about the rat problem, he suggested a letter be written to his firm asking for assistance, and they would work with the city's staff to see what could be done. Councilman Wilson stated that he hoped the survey of the rat situation would continue into the fail. 0. UPDATE ON COMMUNICATION FROM KCET ON PROPOSED CHANNEL REALIGNMENT BY COACHELLA VALLEY TELEVISION. Mr. Altman reviewed the staff report dated August 31, 1987, noting that staff was not prepared to make a recommendation at this time because of litigation with Coachella Valley Television (CVTV) and Palmer Cablevision. Mr. Erwin stated that Deputy City Attorney Doug Phillips had been meeting with the management of CVTV attempting to work out a solution to this problem; however, at this time, they did not have any particular answer or recommendation to give to the Council. He suggested that the Council adjourn to Closed Session if the Councilmembers wished to discuss this situation further. Councilman Wilson moved to adjourn to Closed Session in accordance with Government Code Sectio 54956.9(a), pending litigation. Motion was seconded by Crites. Councilman Crites asked Mr. Erwin to explain to the audience why a matter of pending litigation was not a matter for open discussion. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mr. Erwin stated that the City Council was required to conduct its business in open session except in matters of litigation and that the Council was given the same privilege as a private citizen to meet with its attorneys. MR. JOHN BAKER, 73-520 Joshua Tree, Palm Desert, addressed the Council in opposition to the moving of KCET from Channel 8 to Channel 28. He said that General Telephone had been denied a rate increase several years previously because of poor service and that after the denial, the service had gotten a little better. He said he had made a private study of cable service here in the Valley versus other places and had noted that there were at least six outages in the last 12 months ranging from several minutes to several hours. He said if these people were going to be allowed to make more money, they should be required to improve their service. Mayor Kelly assured the audience that every Councilmember felt the same as they did and were trying to do something about the situation. Councilman Wilson explained that the City had filed a legal action against CVTV and that the Council had to be careful of what was said because of this legal action. He assured everyone that after Closed Session, the Council would return to the Chamber and announce any decision authorized by the City Attorney. Councilman Snyder reiterated Wilson's comments, noting that the Council must proceed with caution because this was a legal matter. MS. JUNE DICKSON, 72-827 Haystack, stated that Public Television had received the most Emmy Awards recently in news, etc. She felt the citizens were entitled to view KCET without having to subscribe to cable television. Mayor Kelly called for a vote. The motion carried by unanimous vote, and the Council adjourned to Closed Session at 5:10 p.m. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Mayor Kelly reconvened the meeting at 5:30 p.m. Mayor Kelly announced that by unanimous vote in Closed Session, Council instructed staff to meet with Palmer Cablevision the following day, September llth, to negotiate moving KCET back to Channel 8. If that was not done by 5:00 p.m. on September 11th. the City Attorney was authorized to file with Superior Court violation of the City's franchise agreement. Councilman Wilson moved to, by Minute Motion, direct staff to establish a citizens' task force to explore alternatives to monopoly control of television signals in Palm Desert. Said task force should, among other things, look into the following: 1) The feasibility of the City of Palm Desert using its eminent domain powers to purchase this cable monopoly and operate it as a municipal cable system; 2) The feasibility of obtaining the necessary broadcasting frequencies to establish in the City of Palm Desert a privately or municipally owned and operated Multichannel, Multipoint Distribution Service that will provide television programming to households over the air using a microwave transmission system. Although programming would be limited, it could carry network and PBS channels that are not available over the air locally; and 3) The feasibility of the citizens of Palm Desert being among the first in the nation to take advantage of the new Direct Broadcast Satellite (DBS) technology that was authorized by the FCC in June of 1982. Such a study would include: a) making contact with the various companies developing this system to determine when their programming will be available; and b) the feasibility of the City making available to its citizens, either by rental or sales, the $100-$200 antenna receiving dishes. The motion was seconded by Snyder and carried by unanimous vote of the Council. MR. PAUL J. JONES, 73-244 Bursera Way, Palm Desert, stated he appreciated the Council's work and asked how long the existing franchise would be in effect. Mr. Ortega responded that the Council had authorized a 15- year franchise in 1983; therefore, there was still approximately 10 years left. MS. CAROL ANN NELSON, a resident of La Quinta, addressed the Council and stated she had read a newspaper article wherein Mr. Stuart Nazarro of CVTV stated his company could do what it was doing because of the Cable Act of 1984. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • f • • • • • • • • • • • • • • • • • Mayor Kelly stated that the Council had a different interpretation and that it would be negotiated during the lawsuit. Mayor Kelly called a recess at 5:40 p.m. and reconvened the meeting at 5:45 p.m. The Council moved to Item E of New Business. XIII. REPORTS AND REMARKS NOTE: These items were considered after the Public Hearing. A. CITY MANAGER 1. Charitable Contributions Subcommittee. Mr. Altman stated that the Charitable Contributions Subcommittee, consisting of himself, Councilman Wilson, Councilmember Benson, and Mr. Warner, had been receiving many different requests for City funding and that they did not know what to do at this point. He suggested that this matter be referred to the CVAG executive committee to determine the issue of regional policy for charitable contributions. Councilman Snyder stated he felt it was always difficult to turn down requests for funding. However, he felt it would be a good idea to have all of the cities get together to discuss philosophies and legalities of charitable contributions so that all of the cities are doing the same thing. Council concurred and asked that this matter be investigated. Councilman Snyder stated that he would take it to the next Executive Committee. 2. Mr. Altman reminded the Council that it needed to adjourn to Closed Session in accordance with Government Code Sections 54956.9(a) and (b) for the purpose of discussing pending and potential litigation. B. CITY ATTORNEY None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Alignment of Mesa View Drive near Mesa View Fire Station. Councilmember Benson stated she had received several calls asking what could be done to align the strip of road between the fire house and Alamo Drive where it narrows. She said Mesa View was being used as a collector street from Portola to Highway 74 and asked whether the Kelly Ordinance could be used to widen this and if staff could prepare a report for the Council. She said she felt this was a very dangerous situation which should be corrected. Mr. Folkers stated that J.F. Davidson was currently doing the engineering and design for the Birtcher project and that it would hopefully be under construction in December or January and that the widening of Mesa View would be part of the project. 2. Left -Turn Pocket at Monterey/Highway 111. Councilman Crites stated that he had asked staff in February to look into this situation where the left -turn pocket at Monterey and Highway 111 was not long enough. He reminded Mr. Folkers that this still needed to be done. Mr. Folkers responded that staff had contacted CalTrans, who had changed the timing of the lights. He said staff would follow up on this matter. Councilman Wilson stated that the left -turn pocket at Fred Waring and Portola Avenue was also not long enough. He said that through traffic blocked the pocket and people had to wait for two signal changes in order to turn left. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING . . . . . . . . . * . . . . . . . . . . . . . . . SEPTEMBER 10, 1987 Mayor Kelly commended staff for correcting the situation at the intersection of El Paseo and Highway ill at the Palm Desert Town Center and stated that this left -turn pocket was working well. He said he had seen a lot of improvement in the traffic control throughout the City. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - 8 None Mayor Kelly recessed the meeting at 6:19 p.m. for dinner. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION The Council considered Reports and Remarks after Awards, Presentations, and Appointments. Please see the Reports and Remarks section of the Minutes for Council action. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF EMPLOYEE ORIENTATION SLIDE PROGRAM. Ms. Sandra Vinocur, Communications Coordinator, stated she had been working for the past several months with the I nformat i on Task Force on a new employee slide presentation. She showed the approximately 15-minute program to the Council. B. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. DEL SHARBUTT. Mayor Kelly noted that Mr. Del Sharbutt was the voice of the Campbell's Soup commercials and stated that he felt 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • Privileged to have Mr. Sharbutt as one of Palm Desert's citizens. He said that Mr. Sharbutt had donated his time to narrate the City's slide program. On behalf of the City Council, Mayor Kelly presented Mr. Sharbutt with a plaque of appreciation. Mr. Sharbutt stated that he was proud to be a citizen of Palm Desert and that it was his adopted home town. Mayor Kelly also presented a plaque of appreciation to Ms. Vinocur for her efforts in putting together the City's first employee orientation slide program. He stated he felt it was a very fine presentation. Councilman Wilson stated this was the first time he had seen the program and felt that Ms. Vinocur and Ms. Sharbutt had put together a fine presentation which would be an asset for the City's employees. He added that he would also like to see it go out to the different service clubs to be used as an information tool about the City and its employees. C. PRESENTATION BY DR. SCOTT MILLER OF HIS DISSERTATION RELATIVE TO CITY OF PALM DESERT TRAINING PROGRAM. Mayor Kelly introduced Dr. Scott Miller, who participated in the City's first internship program. Dr. Miller stated that what he did in Palm Desert, thanks to the Council and City Manager, was to conduct an experiment. Staff went through a two-day seminar regarding public relations and communications skills. They were tested before training, after training, and again six months after the training was completed to see the effects of this training. The supervisors of these staff members were also asked to indicate what these employees were like before and after training and again six months later. He said this was the first time this type of experiment was conducted in the United States and that his dissertation was written about the entire program. He added that his dissertation had caused a lot of interest in the community and that he had also received four or five requests from different cities for copies of it. He dedicated a copy of his dissertation to the City 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • • • • • • • • • • • • • • • • • • • • • • • • • and presented it to the Mayor, thanking everyone for all that had been done for him during his stay with the City. D. RESOLUTION OF SUPPORT OF THE EFFORTS OF THE UNITED STATES SOCCER FEDERATION IN BRINGING THE 1994 WORLD CUP TO THE UNITED STATES. Mayor Kelly read the resolution and presented it to Ms. Theresa McKay and Mr. Phil Moore. Mr. Moore stated he represented the Board of the Cove Communities Youth Soccer Organization. He said they were expecting approximately 700 children to sign up for soccer this year and that soccer was second only to baseball for children. E. PROCLAMATION DECLARING OCTOBER 4 THROUGH 10, 1987, AS FIRE PREVENTION WEEK IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Kelly presented the proclamation to Eric Vogt, Eastern Division Fire Chief, noting that the City of Palm Desert had one of the most outstanding fire departments anywhere. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE ISSUANCE OF MASSAGE PERMITS- JACQUAELINE M. HELLMAN, LAFAYE T. GOODIN, AND CHERYL E. C. LOOMIS, APPLICANTS.__ Mr. Ramsey reviewed that staff report, noting.that the Sheriff's Department had recommended approvai''of these permits. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered. He declared the public hearing closed. Councilman Crites moved to, by Minute Motion, approve the request and authorize the issuance of Massage Permits for Jacquaeline M. Hellman, Lafaye T. Goodin, and Cheryl E. C. Loomis. Motion was seconded by Snyder and carried by unanimous vote of the Council. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 • i • • • • • • • i • • • • ■ • • • • • • • • • • XiX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session at 7:50 o.m. in accoraance with Government Code Section 54956.9 (a) and (b). for the purpose of discussing pending and potential litigation. said Closed Session to immediately follow the Redevelopment Agency meeting. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor/Chairman Kelly reconvened both the Council and Agency meetings at 8:53 p.m. for the purpose of holding a joint discussion on a request by the County of Riverside for an extension of time relative to an agreement to pass through tax increment from the Palm Desert Redevelopment Project Area #2 to the County of Riverside. Mr. Ortega stated this item had come up after the Agenda was posted. He said he had received communications from the County of Riverside requesting that action be taken at this time by both the City Council and Redevelopment Agency Board. Councilman/Member Snyder moved to determine that this item came up after the Agenda was posted and needed to be considered at this time. Motion was seconded by Benson and carried by unanimous vote of the Council/Agency Board. Upon question by Wilson. Mr. Ortega stated that a letter had been hand -delivered that day from the County of Riverside. He said he had been unable to finalize a final agreement with the County and that they were asking the Council/Agency Board to approve an agreement for a time extension of two months so that an acceptable pass through agreement could be negotiated. He asked that the extension agreement be approved in concept because there were several items which had to be changed. Councilman/Member Crites moved to approve in concept the agreement extending for 60 days the period that the County can commence a validation action. Motion was seconded by Wilson and carried by unanimous vote of the Council/Agency Board. Councilman Crites stated that proposed questions for Civic Arts Committee applicants had been distributed the previous day. Councilmember Benson added that proposed questions for Adver- 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1987 a • a * a a a a a a a a a a a * a a * * a a a a a ttsing & Promotion Committee applicants and Parks & Recreation Commission applicants had also been distributed. She reviewed the questions she and Councilman Crites had decided to use. Council concurred with all of the recommended questions (all on file and of record in the City Clerk's Office). Upon motion by Snyder, second by Crites, and unanimous vote of the Council/Agency Board, Mayor/Chairman Kelly adjourned the meeting at 9:00 p.m. ATTEST: MARY P. CITY OF ZIER, DEPUT'P CITY CLERK M DESERT, CALIFORNIA 23 RICRARD S. KELL , MAYO