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HomeMy WebLinkAbout1988-10-270 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 27, 1988 CIVIC CENTER COUNCIL CHAMBER * . . . . . . . . . . . . . . . . . I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. 11. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snvaer 1II. INVOCATION - Mayor Jean M. Benson IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore 5. Roy Wilson Mayor Jean M. Benson Also Present: Carlos L. Ortega, ACM/Director of Redevelopment Agency David J. Erwin, City Attorney Sheila P. Gilligan, City Clerk/Public Information Officer Richard J. Folkers, ACM/Director of Public Works Ramon A. Diaz. ACM/Director of Community Development/Planning Kirby J. Warner, ACM/Director of Economic Development Paul S. Gibson, Finance Director Patrick Conlon, Director of Building and Safety On behalf of the entire City Council, Mayor Benson presented to Naning San Pedro a gift certificate to the Rusty Pelican Restaurant as a token of appreciation for all of the artistic things ne does for the City, including designing the Fish float for the palm Desert Golf Cart Parade and winning the Grand SweepstaKes Trophy. V. CONSENT CALENDAR A. MINUTES of the Regu:sr City Council Meeting of October I? 1988. R Pr' : Approve 35 Presented. 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1988 • • . . * . . . . • . . • • • A i M5 AND DEMANDS AGAINST THE CITY TREASURY - Warr.sn- `.cs. WR0911. WR0913. WR0916. and WR1000. ;ec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by :.nnaia J. ; urnerford for Aikobar Liquors, 73-510 Palm Dese~- Drive. : yim Desert. Rec: Receive and file. D. _.ETTER OF RESIGNATION from Aiex Yaron from Ac7ivities - omotion Committee. rr! : Accent with sincere regret. .:_LAIM NO. 088 AGAINST THE CITY OF PALM DESERT bv Darreil rerlinq in the Amount of $1.500.000. By Minute Motion: 1) Denv the Claim because the incident occurred outside the jurisdictional limits of the City of Palm Desert: 2) Direct thet. City Clerk to so notify the Claimant. F CLAiM NO. 089 AGAINST THE CiTY OF PALM DESERT bv Stanley M. Sterling in the Amount of $1.500.000. By Minute Motion: 1) Deny the Claim because the incident occurred outside the jurisdictional limits of the City of Palm Desert: 2) Direct the City Clerk to so notify the Claimanr. G. :LAIM NO. 087 AGAINST THE CITY OF PALM DESERT ov Kenneth J. Hines in the Amount of $55.39. -per: By Minute Motion. deny the claim ana instruct the City Clerk to so advise the Claiman~. H. LAiw NO. 090 AGAINST THE CiTY OF PALM DESERT by Anne Lise Johan^essen in the Amount of $750.000. YPr: By Minute Motion: 1) Denv the Claim oecause me inciaent occurred outside the .jurisc`ctional limit; of the City of Palm Desert: 2► D'-ect me City Clerk to so notify the Claimant. 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27. 1988 . . . . . . . . . . . . . . . . . . . . . . . . 1 REOUE_- FOR AUTHORIZATION to Advertise and Cali for Bins for the Macnesia Falls Bikepatn. Rec: By Minute Motion. autnorize staff to request bias for the Magnesia Falls Bikepath. REOUE=T_ FOR APPROVAL of Construction of Hoviev Lane Street Imprcvements Between Portola Avenue and Cook Street. Rec: By Minute Motion. condition that: I. The developer of Precise Plan 87-37 construct street improvements along the park site with the cost s of such improvements repaid to the developer via a negotiated zero interest reimoursement agreement: 2. The Ke I ly Orainance process be used to improve the south side of Hovlev Lane between Portola Avenue and the Butler project; The median construction on Hoviev Lane between Portoia Avenue and Cook Street be deferred at this time. K. RESOLUTION NO. 88-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITr OF PALM DESERT. CALIFORNIA. AMENOIN6 RE SOL OJT I ON NO. 85- 1 1 3 RELATIVE TO THE NUMBER OF MFMBER� SERVING ON THE ACTIVITIES' PROMOTION COMMITTEE. Rec: waive further reading and adopt. L. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. 00-327 the Purchase of an Aperture Card Printer/Reacer. Rec: By Minute Motion. authorize the City Clerk to acvertise and call for bids for the purchase of said equipment. M. REQUEST FOR APPROVAL of Contract No. 00-161-2 with G. Alan Smith for Proiect Manager Services. Rec. By Minute Motion. autnorize a one-year extension of Contract No. C-I61-2 for servirec cv the 7urrent contract Pr-D'ect Manager. G. A Ian 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1988 . . . . . . . . . . . . . . . . . . . . . . . N . REQUEST FOR APPROPRIATION of $12.000 for the Insrai iari Tr and Supply of Carpet at the Paim Desert Library. Rec: By Minute Motion. appropriate $12.000 for the installation and suppiv of carpet at the Paim Desert Library. O. FINANCIAL STATEMENTS AND AUDIT REPORTS for FY 1967-86. Rec: Receive and file. P . LETTER FROM U. S. DEPARTMENT OF TRANSPORTATION Relative ro Acceptance of the City's Audits under the Single Audit Act of 1984. Rec: Receive and file. Councilman Snyder asked that item K be heid over for separate d iscussion under the Consent Calendar Items Held Over portion of the Agenda. Councilman Crites removed Items G 8 J for separate discussion. .and Mavor Benson removed Item 1 ror clarification. Councilman Crites moved ro approve the remainder of the Consent Calendar as presented. Motion was seconded by Snyder and carried by unanimous vote of the Council. Councilman Crites asked that the Council suspend the Agenda •3t this point to consider Old Business Item A. Council concurred. A. REQUEST FROM THE CIVIC ARTS COMMITTEE RELATIVE TO THE AR -- IN -PUBLIC -PLACES PROGRAM. MS. JIJLIE BORNSTEIN. Chairman of the Civic Arts Committee. reviewed the staff report. noting that the City of Scottsdale. Arizona. had a well -established Art in Pubiic Places Program and had offered assistance in getting a similar program started in Palm Desert. She said the Arr Subcommittee felt it would be beneficial to send two memoers to visit Scottsdale and see their program first hand. Cour.;-i iman Kelly said he felt this was a good idea .and that a staff person should also be authorized to attend. Lioo'1 Question by mayor Benson. Ms. Bornstein raspnr7ed char Scottsdale was selected because of its s mi a* a 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27. 1988 . • . . . . • . . . . • • . . . . . . . . . . . . climate and nature. since all of the artworK will installed outaoors. Upon question by Councilman Crites relative to wnether or not this trio would cause a delay in sending out letters of intent to artists, Ms. Bornstein responded that the Committee wanted to give the artists enough direction and specifics so they would not have to come back for furtner clarification. She added that the trip might cause a short delay in the process. Councilman Crites suggested that the trip take place as soon as possible, that Julie Bornstein and Bob Spie9el be encouraged to attend as members of the Art Subcommittee. and that a staff member from the Planning Department also go along as that department would be involved in the program. Councilman Crites moved to. by Minute Motion: 1) Approve the Civic Arts Committee's recommendation that the first Art -in -Public -Place Project oe a closed competition. and 21 Appropriate $1,000 for two members of the Civic Arts Committee and a member of the City Planning Department to visit Scottsdale. Arizona, for a one -day orientation on it; program. Motion was seconded by Wilson and carried by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. WILLIAM K. SMITH, 46-039 Verba Santa Drive. Palm Desert, addressed the Council as the Executive Director of the Desert Aids Project. He requested the Council's support in the amount of $10.000. noting that his agency had already received $10,000 From Rancho Mirage and Cathedral City and $5,000 from La Quinta. He said it would require $50.000 to have one in-house health educator plus educational materials. He added that tnis area had the second highest per capita HIV infection rate in the State of California and that of the 200 or so individuals tested each month. the infection rate is approximately I57.. MR. DONALD "BUD" SHAW. 2053 Calle Palo Fierro. Palm Springs. spoke as Director of Resource Development for Desert Aids Project. and said the funds being requested would be used ro educate people on how not to contract AIDS. `1R. MICHAEL KINER. 74-654 Yucca Tree. Palm Desert. states that this was not a po itical issue but was an attempt to educate the public .end eliminate the national oanic that coula occur in the future. 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1988 . Councilman Wilson suggested that this matter be referred to tre Financial Contributions Committee inasmuch as this item was not listed on the Agenda and the Council could not, therefore, take any action on the reauest. Council concurred. and Mr. Warner stated that staff would do so. VII. RESOLUTIONS A. RESOLUTION NO. 88-135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING PROPOSITION 85 ON THE NOVEMBER 8, 1988, BALLOT. Councilman Crites moved to waive further reading and adopt Resolution No. 88- 1 35 . Motion was seconded by Wi l Son and carried nv unanimous vote of the Council. B. RESOLUTION NO. 88-136 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING PROPOSITION 99 ON THE NOVEMBER 8, 1988. BALLOT. Mayor Benson reported that this resoiution was the result of a presentation by the American Cancer Society at the Council's October 13th meeting. Councilman Kelly stated that although he was in favor of this ballot measure, he was concerned with the Council's endorsing or opposing a specific measure without it having some impact on City operations. He added that he felt the Counc i l should l i sten to both sides of an issue before deciding whether or not to endorse or oppose measures on the ballot. Councilman Snyder agreed and said he did not want the Council being asked to approve or disapprove every measure on the ballot. Mayor Benson said she felt this was a health issue and that the Council should be responsible to the community. Councilman Wilson added that he had a tremendous dislike for deceptive advertising. Councilman Crites stated he felt This was a "public" health issue. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1988 • . . . . . . . . . . . . . . . . . . . . . . ;_,ounc i I man W i I son moved to waive further reaai ng ana anoot Resolution No. R8-i36. amendea to remove the apostrophe on "it's" in the next to the Last paragraph. Motion was seconded by Benson and carried Dv a 3-1-1 vote, with Councilman Crites voting NO and Councilman Kelly ABSTA I N 1 NC . RESOLUTION NO. 88-137 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE ANNEXATION OF 680 ACRES LOCATED SOUTHWEST OF THE PRESENT CITY BOUNDARIES. BELLA VISTA, APPLICANT. Upon question by Crites, Mr. Diaz responded that this annexation would bring the property into the City and tnar concerns raised several months ago would be dealt with at a future time. !;ounc i I man Snyder moved to waive further reading and adopt Resolution No. 88-137. Motion was seconded by Kelly and carried by unanimous vote of the Council. VIII. ORDINANCES For introduction: None For Adoption: A. ORDINANCE NO. 560 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER VI, SECTIONS 9.50.040 AND 9.50.080, MOBILE HOME PARK RENT REVIEW, OF THE CODE OF THE CITY OF PALM DESERT. Mr. Warner stated that no changes had been made to this ordinance since its introduction, and he recommendea its adoption. Councilman Wilson moved to waive further reading and adopt Ordinance No. 560. Motion was seconded by Kelly and carries by unanimous vote of tne Council. 7 `gym MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1988 . . . . . . . . • • . . . . • . . IX. CONSENT ITEMS HELD OVER G. CLAIM NO. 087 AGAINST THE CITY OF PALM DESERT by Kenneth J. Hines in the Amount of $55.39. After discussion in Closea Session. Councilman Wilson moved to. by Minute Motion. deny the Claim and instruct the City Clerk to sn advise the Claimant. Motion was seconded by Crites and carried by unanimous vote of the Council. I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Magnesia Falls Bikepath. Upon question by Mayor Benson, Mr. Diaz responded that this would be on the west side of Magnesia Falls. Drive from Portola Avenue ~o Monterey Avenue and woula nook up with the one from Portola Avenue to Cook Street. Councilman Crites moved to. by Minute Motion. authorize staff` to request bids for the Maanesia Falls Bikepath. Motion was seconded by. Wilson and carried by unanimous vote of the Council. J. REQUEST FOR APPROVAL of Construction of Hovley Lane Street Improvements Between Portola Avenue and Cook Street. Councilman Crites expressed concern with havino two lanes of traffic westbound on Hovley narrowing down into one lane at Portola Avenue. He asked if staff had considered putting in tnree lanes instead of two. with the center lane to be used for either left or right turns. Mr. Folkers responded that he would have to look inro this possibility. He asked that the matter be continued for two weeks. Councilman Crites added that he would also like for staff to look into doina the medians on Hovley at the same time. Councilman Kelly expressed concern with the future opening of the Post Office. He said with the heavy traffic that will be generated nv the Post Office and the inaustrial area. it was very i-pnrtant to have four lanes of traffic with a signal at Portola. ijpon question by Counc_ i l man W i l son. Mr. Diaz sssoondec. That staff wou i s i cic.k into the poss i b i I i tv of i nc ; ua i nU a Dike lane on Hoviev. 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27. 1988 f • • • • • • • • • • • • • • • • • • • • • • • • Mr. Folkers asked that this item be continued until the December 8th meeting and that staff would look into all of the concerns raised here by the Council. Councilman Snyder moved to continue this item to the meeting of December 8, Ic488. Motion was seconded by Benson and carried oy unanimous vote of the Council. K RESOLUTION NO. 88-134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA. AMENDING, RESOLUTION NO. 85- 1 1 3 RELATIVE TO THE NUMBER OF MEMBER SERVING ON THE ACTIVITIES' PROMOTION COMMITTEE. Councilman Snyder stated that he thought the Council had decided that this committee should have no less than nine members. Councilman Wilson moved to waive further reading and aaont Resolution No. 88-134. amended to reflect "no less than nine members". Motion was seconded by Benson and carried by unanimous vote of the Counc i l . X. NEW BUSINESS A. CONSIDERATION OF A REQUEST BY THE EL PASEO MERCHANTS ASSOCIATION FOR FUNDING ro PURCHASE MEDIAN LIGHTC,. Mr. Diaz asked that this item be continued until the 1:00 p.m. portion of the meeting. noting that he would have present an oral report and recommendation at that time. Councilman Wilson moved to continue this matter untii 7:00 p.rn. Motion was Seconded by Snyder and carried by unanimous vote of the Council. XI. CONTINUED BUSINESS A. CONSIDERATION OF PETITION SUPPORTING THE RESTRICTION OF TRUCKS ON FRED WARING DRIVE. Mr. Folkers reviewed the staff report and recommendation. Upon question by Councilman Crites relative to restrictina truck traffic on Fred Waring between the nour=. of Mianianr ana 6:00 a.m., Mr. Folkers responded 'hat after discussions with the Sheriff's Department, i- ?= ''lt the amount Of truck traffic on Fred Waring our i ra rung P nour5 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27. 1988 . . . . . • . . . . . . . . . . . . . . . . . . was minimal. He said staff's concern in posting_ si,:rs for suc- a restriction was in enforcing it. M.j Cr Benson stated that she would sti 1 l like to see the signs posted, especially since Fred Waring is becomina mo-e and more residential in nature. C.ouncilman Kelly agreed and said he did not see any prooem with prohibiting truck traffic from Midniant. ro 6.CJ a.m. Counc i I man W i I son said he felt staff had given 3 ar(mt deal of time to this study and that the recommenaat'c.n was the nest from an engineering standpoint. He said rn•3t. if Me Sure A is passed on November 8th, Fred Warin:- Drive wi;' become a major four -lane road from Indio throuDn Palm De rt; if efforts are made to get trucks off me roan. our'ng the hay and during heavily travelled perior,s and ger them to make deliveries in the evening nolJr=.. restricting truck traffic to certain hours would oe an unnecessary obstacle. He said he supported staff's recommendation. Councilman Crites moved to. by Minute Motion. ban truck traffic on Fred Waring Drive between the hours of 12:00 Midnight to hall, a.m. Motion was seconded by Benson and carried by a 3-2 vote. with Councilmen Snyder and Wilson voting NO. XII. OLD BUSINESS A. REOUEST FROM THE CIVIC ARTS COMMITTEE RELATIVE TO T-iL APT - IN -PUBLIC -PLACES PROGRAM. This item was discussed immediately following action on the Consent Calendar. B. CONSI DERAT ION OF STAFF REPORT AND RECOMMENDAT,ON ON MARKETING PROGRAM ACTIVITIES. Mr. warner suggested that the Council consider continuing this item to allow more time for other agencies to review thi= report prior to taking action on the recommenc•,t`or:=. MR. DAN EHRLER spoke on behalf of the Board of Di'e.tors of the Chamber of Commerce and requested that aisc.:ssi^n arc: action on this item he postponed for one me^-n -:h ,. .2w the Civic Affairs Committee to review it mor? 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1988 • • • • • • • • • • • • • • • • • • • • • • • MR. DAViD CEARLEY, Chairman of the Activities Promotion Committee. noted that the next Committee meeting was scnedulea for November 16 ana tnat there had not yet been time to make any recommendation on the report. He suggestea that the item be continued to the first meeting in December. Councilman Snyder agreed with delaying the item because ne said the Convention and Visitors Bureau was currently going throuqn some reorganization. Councilman Snyder moved to, by Minute Motion, continue this item to the meeting of December 8, 1988. Motion was seconded by Kelly and carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Warner stated that an item had come up after the CVAG Executive Committee meeting Monday evening ana was something which neeaed to have action taken by the Council. Councilman Crites moved to consider this item as one which arose after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Warner reviewed the CVAG Executive Committee's Regional Housing Needs Analysis Report, noting that the cost would be approximately $38,750 and would be allocatea to the various member cities at the same rate as annual dues. He said that if all member cities were to pay their share, Palm Desert's woula be approximately $5-6,000. However. the cost for any cities not willing to participate in the study would be allocates among the Participating cities. He aaoed that in no case would Palm Desert pay more than $10,000. Mayor Benson added that this study would be done by me firm of Hunter/Johnson ana would determine what P3im Desert's noosing needs are. Councilman Kelly moved to, by Minute Motion, approve the C'.ry s p.3rt i c i par i on in the subject study and an expenditure not to exceel] $10.000 for Palm Desert's snare of the cost to prepare same. Motion was seconded ^,v Cr i rpc .3r.c carried Dv unanimous vote of the Counc' i . 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27. 1988 • B. CITY ATTORNEY Mr. Phillips stated that although a Closea Session was nor listed on the Agenda. an item needea to be discusses pursuant to Government Code Section 54956.9(:i1. Denning litigation. Councilman Wilson moved to add this item to tne Agenda. Motion was seroncpg by Kelly and carried by unanimous vote of tne Council. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action: COI.INC I LMAN R ICHARD S. KELLY Councilman Kelly reported that Mr. Bob Spiegel. the City's representative on the CanIe Committee. r c advisea that he would be preparina •3 written raper'~ and submitting it to the City by Monday. October 31st. He added that Palmer Cablevision had hired r new manager and that the Council would be aavised of the names of the new people. He asked thar staf.: look into the possibility of having a consultant who knows and understands the caole business look at this situation as discussed at the last meeting .3na suggest some solutions. Councilman Wilson asked for the status of a telephone hot line for complaints relative to cable outages. Mr. Phillips responded that his office was preparing a report. He said he had found that there was nn leaai problem with the City setting up a hot line. The concern was to make sure the hot line wa= coordinated with the customer complaint system currently in effect; i.e.. when a call is rereivea. make sure the information is immeaiately turned over to the right people. He said the only possible legal problem is that the City cannot hinder the c n e company's ability to conauct business. Councilman Wilson askew that st•3*f bring_ a renor- back to the next meeting with a cropos.a l on nnw -- implement tnis telephone line. He 3ddea that ne Haan been ':ontactec nv a computer r^rDanv ana that re wou i o refer tnem to staff. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1988 . . . . . . . . . . . . . . . . . . . . . . . 2. Councilman Kelly reported that he and Administr.3tive Assistant John Wohlmuth had recently visited a major recvclina center in California and also looked .3t the mechanical equipment in operation. He said he has also been contacted by Councilmember Lee Karr from Rancho Mirage. who indicated that her city would like to join with Palm Desert in its pilot recvciing program. n City Courr_il Committee Reports: COUNCILMAN 5. ROY WILSON I . Councilman Wilson stated that an item han come Up which needed to have Council action. He said ne had received a letter from Davis & Associates regarriind plans for the City's 15th Birthday Celebration. .and tnev neerea Council direction as to whetner or nor it was a aood idea. Counc i I man Crites moved to p i ace this item on the Agenda for Coiunc i i consideration as an item which arose after the Acienaa was Posted. Motion was seconded ov Wilson and carried by unanimous vnre of the Coinrii. Councilman Wilson said that the Activities promotion Committee had been working on the C i tv's 15th 8irtnd.av celebration which would take place on Novembe' 26th. He said there was a proposal to Purchase a major plaque i $ 1 . 500 to $2 . 5nU aoproximareiv) to be mounted at the Civic Center. and this plaque would honor pioneers of Palm Desert. HP said 15 of the original pioneers would be honored and that Davis & Associates would work with the Historical Society to find these people. Councilman Kelly asked wnether or not plans had been made for some type of affair on the same ciao. Councilman Wilson responded rhat it wouid be simii.ar to wnat was done for the Golf Cart Parade. with f est i i t i es and an Open House here at rrP civic Center. Maynr 3e^son said sne tnouaht this would ne .3 good i rte-3 an•o `oat it would ne nice to have a permanent record .7,1: oeop i e who, nave cunt r i hura 7 . _ rr,e commur 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27. 1988 • . . . . • • • . . • . . . * . . • . • • . . . Councilman Snyder movea to, by Minute Motion, inaicate the Council's support for the proposal outlined by Councilman Wilson and direct the Activities Promotion Committee to move area with its plan; for the City's 15th Birthday Ceiebration. Motion was seconded by Kelly and carried by unanimous vote of the Council. COiiNCILMAN BUFORD A. CRITES 1. Councilman Crites reported that 'e was the City's representative on the CVAG Energ‘. and Environment Committee. He said that CVAG was -.re first regional government association to take a strong positive stand on cleaning up the air in the next 20 years. Councilman Wilson stated that the Cr'a rman of the Air Quality Mananement District (AQMO) was very Pleased that CVAG had gotten united an] taken sucn a position. Councilman Crites stated that the ;nazan proiect on the south side of Palm Desert had been called up dna' would be scheduled for the Councii's next meeting. He said Ms. Donna Peat had presentee a petition from a large number of citizens from the south side in favor of beginning work on a passive park in the Ironwood area. He asked that str,f= take a look at this request and have it included as part or Council's discussion of the Chazan oroiect. XIV. ORAL COMMUNICATIONS - B MR. RICHARD FOLKERS. Public Works Director. introduced the new Traffic Engineer for the City, Mr. Seyed SafaN.'an. Councilman Wilson moved to adjourn the meetin•; at 5:35 P.M. to Closed Session oursuant to Government Code Section 54956.9(a). pending litigation (City of Palm Desert vs. Palm Desert Garaens). Motion was seconded by Crites and carried by unanimous vote of the-ouncii. Mayor Benson reconvenea the meeting at 6:00 p.m. .and immeaiately recessed for sinner. She reconvened the meeting 3r 7:0)0 p.m. 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING • • • • • • • • • • • • • • OCTOBER 27, 1988 • • • • • • * • • • XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION NEW BUSINESS i.ONSIDERATiON OF A REOUEST 8Y THE EL PASEO "'ERCriANTS ASSOCIATION FOR FUNDING TO PURCHASE MEDIAN LIGiTS Mr. Diaz reviewed the staff report, noting that althougn the report indicated that the street trees wouid be lit. the lighting would actually oe just within the medians. He said the initial request was for $I7,500: however, since the writing of the staff report, the Ei Paseo Merchants Association had indicated it would pick up an additional $5,000, leaving the amount reauested 35 $12,500. He added that if the City wished ro become involved in the proposal financially, staff would recommend that the City loan the funds to the Association, to be repaid from assessments collected from the Association by the City. As far as whether or not the existing eiecrric3' sysrem would be sufficient, Mr. Diaz recommended that a complete set of plans and specifications be submittec ro me Building Department .for evaluation so any eiertrical problems can be resolved prior to installation of the lights. He also recommended that the Public Works Department examine the plans to be sure the installation of the lights will not adversely impact the City's maintenance programs. MR. LARRY GROTBECK. Co -Chairman of the El Pasec Business Improvement Area Board, addressed the Council and said he felt this was a wonderful opportunity for the City to participate in the community and was "good Government at work". He said the Association would oa' for .3 maintenance program to make sure the strings of iiahts are lit, the electrical cords are kept out of the street. etc. He added that this proposal was for a year-round ightinq program for the median 'strip which would sena a clear message to everyone that El aaseo is becoming a 12-month Der year street. Upon comment ov Mayor Benson that this procc:ai went beyond what was originally proposed, Mr . rbec), responded that. this was a purchase program as ,dre. _ ec to a3 ie35ina program -- the $7.5(D originally propoc 3 was For .3 one-year i e3s i ng period, arc_ now the Assoc: wo!; I c ne ourchasinc the Monts and :sina them for 0 0 MINUTES REGULAR PALM DESERT CiTY COUNCIL MEETING OCTOBER 27, 1988 • • • • • • • • • • • • • • • • • • • • • • • • • Councilman Wilson saio ne felt this was a very desiraDie tning to do for the business district ana that ne would like to see it done the right way and as soon as possible. Councilman Crites agreed and said he was in favor of programs that help peop.e to help themseives. Counc i I man W i I son as►<ea Mr. Diaz if he would have a proDiem with Council autnorizing staff to move forward with whatever is necessary to put the loan package together andgetting the proper drawings and installation done so that the lignrs are in place Dy Thanksgiving weefiend. Mr. Diaz responded that he aid not have a proolem with this. Mr. Phillips said nis only concern was with the Association repaying the loan out of assessments collected from the memoers and whether or not the City would require any interest to be pa i a on those funds. Mr. Grotbeck responded that the loan would be paid in two insr:ailmenrs ana would be repaid in two years. The Council concurred tnat no interest would oe charged. Mr. Conlon asked that Council also approve a $5,000 contingency for any necessary electrical wor►c that might need to he done on the medians. MR. ED BENSON, 1106 Sandpiper, advised the council that a new resident of Sandpiper was Mr. Bill Shallot. a leading liarting expert in the 'Jnited States. He said Mr. Shallot has heen responsible for lighting Dodger Stadium. Disneyland. and the Oak'and A's Stadium. among otners. Ho said ne was sure Mr. Shallot would be willing to offer his expertise and opinion if the City had any problems relative to the quality of the present lighting on the meaian strip. MR. SANDY BAUM, 45-800 Deep Canyon Roaa. said the allure of El Paseo was the stores and that he felt the mercnants should light up their Dui laings. He saia he was also a member of the Ad Hoc Committee for Ei Paseo and was concerned with putting a lot of money into tnis prcoram if next year it would all oe torn out. Councilman Ke l l y stated ne was all in favor of rn i s tYPe of :rogram out wantea :'arification of the Kinds of iiohrs to oe used. Mr. Grorcec<< responded that rhere would) be MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27, 1988 . write lignt strings in the trees and that every tree would be lit. He said there would also be Malibu lights witn colored lenses for Christmas and that the lenses wnu;c1 oe changed to wnite afterwards. Upon question by Councilman Crites. Mr. Grotbeck re_ponaed tnat rhere would be no blinking lights. He added -r.at if the median strip is later changed and the lights are no longer used. he felt the Merchants Association woula be willing to donate them to the City to be used elsewhere. Councilman Wilson moved to, by Minute Motion: 1) Aurnorize staff to move forward immediately with the loan agreement as discussea oy the City Attorney and move as quickly as possible to get this project completed before the Christmas lignting weekend: and 2) Appropriate the loan in accordance with the payback agreement discussed, plus a $5,000 contingency for any unexpected work necessary on the medians, said funds to he appropriated from the Unappropriated Reserves. Motion was seconded by Kelly and cdrrieo by unanimous vote of the Council. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS. AND APPOINTMENTS None XVIII. PUBLIC HEARINGS A. CONSIDERATION OF FORMATION OF PROPOSED UNDERGRC:IND I Nr; ASSESSMENT DISTRICT NO. 88-1 (Continued from the meeting_ of August 11 and September 8. 1988). Mr. Warner recommended that this item be continued ro the meeting of December 8. 1988. Haver Senson notea that this was a continued public hearing and invited testimony in FAVOR of or OPPOSED to this request. None was offered. Counci man Crites moved to, by Minute Motion. contin.,e tr,is matter to the meeting of December 8. 1988. Motion was seconded DV :!I" ;n Ina carried ov Jnanimous vote of the Council. 0 0 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 27. 1988 . . . . . . . . . . . . . . . . . . XIX. ORAL COMMUNICATIONS - D MR. SANDY EAUm, 45-800 Deep Canyon Road, Palm Desert, addressed the Counr_'i relative to what had nappened to the program tne City had or unoergrounding electrical lines throughout the City. Councilman Wilson responded that to i s issue was being exam i nen by the Planning Commission and that a presentation would ne made to tne City Council in November by Mr. Kermit Martin and his staff From Southern California Edison relative to rc,st`.. impiementation, etc. XX. ADJOURNMENT Counrilman vvilson moved to adjourn the meeting at 7:45 o.m. to 4:00 o.m. on Tuesday. November 1. 1988, for the purpose of holding a !Hosed c)e3sion relarve to personnel and potential litigation. Motion was seconaed by Benson .3no carried by unanimous vote of the Council. ATTEST: 1/, • WEILA K. GILLIGAN. c.i/iY CLERK !!Tf OF PALM DESERT. ,CALIFORNIA M. BENSON, MAYOR 18