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HomeMy WebLinkAbout1991-09-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1991 CIVIC crn Y r.2 COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites M. INVOCATION - Mayor Pro-Tempore Richard S. Kelly TV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tempore Richard S. Kelly Councilman S. Roy Wilson Mayor Walter H. Snyder Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Carlos L. Ortega, ACM/Executive Director of Redevelopment Agency Ramon A. Diaz, ACM/Director of Community Development/Planning Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Director of Finance Wayne Ramsey, Acting Director of Code Compliance Ken Weller, Emergency Services Coordinator John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MVIINUTES of the Adjourned City Council Meetings of July 3, August 1, and August 5, 1991, and the Regular City Council Meeting of August 22, 1991. Rec: Approve as presented. REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ***** B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 0806, 0809, and 0811. C. Rec: Approve as presented. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sharon R. Chittock for Great Ideas Unitd., 41-910 Boardwalk, #B7, Palm Desert. Rec: Receive and refer to the Department of Community Development for possible Conditional Use Permit application. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by To Your Health for Frugis, 73-375 El Paseo, #G, Palm Desert. Rec: Receive and refer to the Department of Community Development for possible Conditional Use Permit application. E. RESOLUTION NO. 91-102 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files from the Department of Building and Safety That Have Been Microfilmed. Rec: Waive further reading and adopt. F. REOUEST FOR ACCEPTANCE OF WORK for Contract No. 00-451, Crack Filling Program. Rec: By Minute Motion, accept the work as complete and direct the City Clerk to file a Notice of Completion for Contract No. 00-451. G. REOUEST FROM UCR LAW Seeking Support for the Establishment of a Law School at UCR. Rec: Waive further reading and adopt Resolution No. 91-104, support the establishment of a law school at UCR. H. REOUEST FOR APPROVAL of Parcel Map 26609, Nelcon, Inc., Applicant. Rec: Waive further reading and adopt Resolution No. 91-105, approving Parcel Map 26609. 2 MINUTES F r:3ULAR PALM DESER' CITY COUNCIL MEETING SEPTEMBER 12, 1991 * * * * * * * * * : * * * * * * * * * * * * s * * * * * * * * * * I. LETTER OF RESIGNATION from Karol Schoen As The City of Palm Desert's Representative to the Riverside County Free Library Advisory Committee. Rec: Accept with sincere regrets. J. LETTER FROM THE CITY OF SOUTH EL MONTE Seeking Support of the Passage of H.R. 100 To Combat Drive -By Shootings. Rec: Refer to staff for report and recommendation. K. REQUEST FOR APPROVAL of Water Efficient Landscape Symposium Coordinator. Rec: By Minute Motion, authorize a temporary, part-time employee contract to coordinate the planning and preparation of the Water Efficient Landscape Symposium (Contract No. 00- 2). L. $,HOLIEST FOR APPROVAL of Conversion of City Pick -Up Truck to an Electric Truck. Rec: By Minute Motion, authorize staff to work with the College of the Desert Electric Vehicle Class and Program to convert a retired City gasoline truck to electric power. M. REOUF,ST FOR APPROVAL of Liability/Insurance Policy for Display of Private Art on City -Owned Land. Rec: By Minute Motion, approve the Liability/Insurance Policy for Display of Private Art on City -Owned Land and instruct the Art -In -Public -Places Subcommittee to apply it to all projects except where specific City Council authority to exclude it is granted. N. REQUEST FOR AUTHORIZATIQN to Advertise and Call for Bids for Contract No. 00-573,, Maintenance of Presidents' Plaza East and West. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject contract. Councilman Wilson removed Item L for separate discussion under the "Consent Items Held Over" portion of the Agenda. Councilman Crites removed Item G for separate discussion and asked that Item A be continued to the meeting of September 26, 1991. Councilman Wilson moved to approve the remainder of the Consent Calendar, with Item A to be continued to the meeting of September 26, 1991. Motion was seconded by Kelly and carried by unanimous vote of the Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING sr r i r 1BER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With Council concurrence, Item B of Awards, Presentations, and Appointments was considered at this time. VI. ORAL COMMUNICATIONS A None VII. RESOLUTIONS None VDT. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 655 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 5.04.230, SECOND PARAGRAPH, OF THE PALM DESERT MUNICIPAL CODE RELATING TO PENALTIES. Mr. Altman stated that there had been no changes since introduction of this ordinance, and he recommended its adoption. Upon motion by Kelly, second by Crites, Ordinance No. 655 was adopted by a 4-0-1 vote, with Councilmember Benson ABSTAINING. IX. CONSENT ITEMS HELD OVER G. REOUEST FROM UCR LAW Seeking Support for the Establishment of a Law School at UCR. Councilman Crites called attention to page 2 of the report which indicated it was "undoubtedly true that California has enough law schools, etc." He agreed but felt the problem was with quality and that this problem would be not be solved by building more schools. Councilman Wilson disagreed and said he felt one of the problems with legal education in California was that it was saturated with proprietary rather than public law schools, and he supported the establishment of a law school at the University of California at Riverside. 4 MINUTES RECTULAR PALM DESER` COUNCIL MEETING SEPTEMBER 12, 1991 s * * * * * * * * * •. s * * * * * * * s * * * « * * * s * * * * * * * Mr. Erwin added that a number of attorneys were attempting to support this and felt that through the University of California system, a higher quality of attorneys would be obtained. He added that California was one of a few states with unaccredited law schools. Councilman Wilson moved to waive further reading and adopt Resolution No. 91-104, supporting the establishment of a law school at UCR. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilman Crites voting NO. L. REQUEST FOR APPROVAL of Conversion of City Pick -Up Truck to an Electric Truck. Councilman Wilson commended Environmental Conservation Manager for the very exciting and innovative partnership with College of the Desert to have the City vehicle converted to electric power. Councilman Wilson moved to, by Minute Motion, authorize staff to work with the College of the Desert Electric Vehicle Class and program to convert a retired City gasoline truck to electric power. Motion was seconded by Crites and carried by unanimous vote of the Council. X. NEW BUSINESS A. INFORMATIONAL, ITEMS: 1. Palmer CableVision Update. Mr. Ortega stated there was no new report at this time. 2. Update on Tri-Cities Sports Facility. Mr. Diaz stated he had nothing further to report to Council at this time. 3. Earthquake Drill Critique. Emergency Services Coordinator Ken Weller reviewed the County -wide earthquake drill which had been conducted earlier that day. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. CONSIDERATION OF REOUEST BY O. MICHAEL HOMME FOR WAIVER OF UNDERGROUNDING REQUIREMENT FOR MONTEREY AVENUE OFFICE PROJECT, CASE NO. PP/CUP 90-9 (Continued from Meeting of August 22, 1991). Mr. Phil Drell reviewed the staff report, noting the applicant, rather than undergrounding the overhead utility lines on the south side of his property, had proposed to landscape and maintain the remaining City parkway south to Hacienda de Monterey's improvements. Upon question by Councilman Crites, Mr. Drell confirmed that when the adjacent streets had been cul-de-sacced, the City had indicated it would be responsible for the landscaping. Councilman Wilson noted there were several poles in the area and asked if they would still be there even if Council decided Mr. Homme would have to underground the utilities. Mr. Drell responded that the other poles would still be there. MR. MICHAEL HOMME, 46-300 Desert Lily, stated that this was his last remaining property on that side of the street. He said he felt providing landscaping would make the area look nicer, and he said he would be happy to maintain it until the adjacent property is developed. Councilmember Benson stated that if the Council were to approve this, she would like to have something that states the condition would remain with the property. Councilman Wilson moved to, by Minute Motion: 1) Waive the undergrounding requirement in exchange for agreement to landscape and maintain the remaining parkway, with the proviso that the obligation to maintain the parkway remains with the applicant's property, until such time as the adjacent property converts to an office commercial use; 2) direct the City Attorney to prepare the necessary agreement. Motion was seconded by Kelly. Councilman Crites stated he had no objection to having a private developer take over an obligation that belongs to the City; however, he proposed that the City do the undergrounding of the poles in exchange for Mr. Homme providing and maintaining the landscaping. Councilman Wilson amended his motion to add direction to staff to prepare a plan to underground the existing utility poles on Monterey Avenue. Councilman Kelly agreed to amend his second. Motion carried by unanimous vote of the Council. 6 MINUTES RLGULAR PALM DESEF CITY COUNCIL MEETING SEPTEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS A. REOUEST FOR APPROVAL OF ELECTRIC BUS JOINT PROJECT. Mr. Wohlmuth reviewed the staff report, noting that he had received letters from Mr. Kermit Martin of Southern California Edison Company and from Mr. Doug Simmons of the Palm Desert Town Center making commitments to this project. He said Mr. Martin had indicated that Edison would commit $10,000 to assist in the program and would also assist the City in promoting the bus perhaps nationally as well as regionally. The letter from Doug Simmons indicated a willingness to energize, house, and secure the bus as much as possible at the Palm Desert Town Center. He added that South Coast Air Quality Management District had committed $90,000 for the purchase of the bus. Mr. Wohlmuth also noted that the City would be working with Dan Ehrler of the Chamber of Commerce to incorporate the electric bus into the Resort Express Shuttle program. Upon question by Councilmember Benson regarding Edison's commitment, Mr. Wohlmuth responded that although the staff report indicated $5,000, Edison had increased the amount to $10,000. Councilman Wilson stated it was his understanding that if the Council were to approve this program, the bus would not be delivered until the end of November. He said he would like to see the project promoted and felt the Golf Cart Parade would be an excellent place to do so. He asked if it would be possible for Edison to loan the City its electric vehicle since ours would not be available until after the Parade. Councilman Kelly asked if the City could borrow the bus from Santa Barbara if Mr. Martin's was not available. Mr. Martin responded that he would check into this for availability and would work with John Wohlmuth. Councilman Wilson expressed concern that the City was buying yesterday's technology in electric vans. He said the 75-mile radius bus would be antiquated before the City completes the testing in a few years. He asked if Mr. Wohlmuth could assure him the City would not gain anything by trying to go out to bid to the Swiss firms, this firm, and the Washington, DC firm in order to get a good price. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING sr i- i r_ivABER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Wohlmuth responded that he had been working with Dr. Lloyd's office at South Coast Air Quality Management District and that they could not find another such bus in the United States. He said the Clean Air Transit bus was street legal in California and that he was satisfied that it was the only bus the City could purchase. Councilman Wilson asked whether the City's contributing the bus to the Resort Express would be in lieu of the cash contribution given last year. Mr. Wohlmuth responded that the City's contributing the bus and the driver would be in lieu of the cash contribution. Councilmember Benson stated that because the City was not buying a whole fleet of buses, some other use could be found for the bus as technology gets better. Councilman Kelly moved to, by Minute Motion: 1) Authorize the Mayor to enter into Agreement No. 00-574 with South Coast Air Quality Management District for purchase, operation, and testing of an electric bus; 2) make a finding pursuant to Palm Desert Municipal Code Section 3.32.090 "Exemptions" allowing the purchase of equipment that is unique in nature and is not subject to the normal bidding requirements; 3) authorize the Mayor to enter into Contract No. 00-575 with Clean .Air Transit for the purchase of an electric bus in the amount of $158,200. Mr. Wohlmuth stated that although the City Council had appropriated $80,000 in the 1990/91 budget for the purchase and operation of an electric bus, that money had not been carried over into the 1991/92 budget. He said Finance Director Paul Gibson had indicated there were adequate funds available, and he asked that Council appropriate $80,000. Councilman Kelly amended his motion to also appropriate $80,000 from the Unobligated General Fund for the purchase and operation of the electric bus. Motion was seconded by Benson and carried by unanimous vote of the Council. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Urgency Ordinance Relating to Graffiti and its Removal. Councilman Crites moved to, by 4/5ths vote, add this item to the Agenda for consideration as one which arose after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote of the Council. 8 MINUTES REGULAR PALM DESEP CITY COUNCIL MEETING 5r.r i t.MBER 12, 1991 * * * * * * * * * * __$ * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites expressed concern with imposing a minimum age limit of 21 for the purchase of spray paint. He said he did not see how banning someone over the age of 18 from purchasing something could pass legal muster, especially when they are allowed to own a business, etc. Mr. Erwin responded that this was one area he did have some real concern about. He said it was probably an area that if it was challenged, his recommendation would not necessarily be to fight it. Councilman Crites asked if staff had discussed with the business community the issue of mandatory storage of markers, paint, etc. and felt this was something that should be done before adopting an ordinance such as this. He suggested a two - week continuance. Mr. Altman responded that it was being brought up at this time as an urgency item due to some gang activity. Councilman Kelly agreed with Crites that the matter should be continued to get input from the business community. Councilman Wilson agreed and said he would feel more comfortable if staff went out and made an attempt to contact all the people who sell paint cans, markers, etc., and perhaps hold an informative workshop to explain the City's intent and get input from the people. Councilmember Benson also suggested discussing this matter with the Price Club to see if they might cooperate with the City. Councilman Kelly moved to continue this matter to the meeting of September 26, 1991, to allow staff time to work with the business community and obtain input relative to this ordinance. Motion was seconded by Wilson and carried by unanimous vote of the Council. 2. Request for Award of Contract for 1992 Community Calendars. Councilman Crites moved to add this item to the Agenda for discussion as one which arose after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote of the Council. General Services Officer Larry McAllister reviewed the staff report, noting that Copeland and Associates was the only vendor to submit sample designs, including photographs of some of the Art -in -Public -Places art pieces. He stated that the Calendar Committee had unanimously recommended that the contract for the 1992 Community Calendar be awarded to Copeland and Associates. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING sr r i r.MBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, award Contract No. 00-560 to Copeland and Associates in the amount of $26,291.00 plus a 10% contingency for production of the City's 1992 Community Calendar. Motion was seconded by Kelly. Councilman Wilson asked whether the RFP had specified that bidders were to provide samples, and he said he had a problem going with a middle bidder if it was not clearly spelled out what they were being asked to provide. Mr. McAllister responded that bidders were asked to provide samples of previous work; other vendors had submitted previous work, but Copeland was the only firm that actually prepared a calendar with the City's artwork. The other vendors did comply with the RFP but did not go the extra mile to provide a sample of what the City would actually get as its calendar. Councilman Kelly stated that the samples provided by Copeland and Associates convinced him that Mr. Copeland would give the City something to be proud of. He added that he would be more concerned about going with a lower bidder and having to worry about what the City might get. Councilman Wilson asked whether Mr. Copeland had also submitted copies of other work his firm had done, and Mr. McAllister responded that he had. Mayor Snyder called for the vote, and the motion carried by a 4-1 vote, with Councilman Wilson voting NO. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. City Telephone System (Mayor Pro-Tempore Kelly). Councilman Kelly expressed concern with the proposed new telephone system and said he wanted to be sure the City does not have an automated system. He said he wanted a system that would allow callers to speak to a person, not a machine, when calling the City and would also allow for direct dialing to a specific person or department if the caller knows that particular number and does not want to go through the switchboard. Mr. Weller reviewed the Request for Proposal and said the concerns expressed by Councilman Kelly would be addressed in the RFP. 10 MINUTES REGULAR PALM DESEF CITY COUNCIL MEETING * * * * * * * * * * « * * * * * * * * * * * * brr i r.MBER 12, 1991 * * * * * * * * * * * * Mr. Altman added that the RFP's were being sent out and suggested that Councilman Kelly go with staff and actually look at the systems being considered. 2. Request from Urban Forests for a Letter to Congressman Al McCandless Supporting the Naming of the Oak Tree as a National Tree (Councilman Crites). Councilman Crites reviewed the magazine article regarding naming of the oak tree as a national tree. He added that a grove of oak trees had recently been put in the City Park and said he felt the oak most symbolized the United States. Councilman Crites moved to, by Minute Motion, direct the Mayor to send a letter to Congressman Al McCandless in support of the naming of the Oak Tree as a National Arboreal Emblem. Motion was seconded by Wilson and carried by unanimous vote of the Council. 3. Councilmember Benson stated she had received a letter from Santa Clarita asking the City of Palm Desert to join them in support of the Vietnam Veterans. She asked staff to look into this request. 4. Councilmember Benson said it was her understanding when the Oliphant/Lizza building on Portola and Highway 111 was approved that the sign program for the building would come back for Council to review. She called up the sign program for the entire building for Council review. 5. Proposed Resolution in Support of Congressional Appropriation of $2 Million to the BLM for Acquisition of Land in the Santa Rosa Mountains National Scenic Area. Councilman Crites moved to add this item to the Agenda for consideration. Motion was seconded by Kelly and carried by unanimous vote of the Council. Councilman Crites reviewed the memorandum from Dangermond & Associates and asked that Council consider adoption of a resolution in support of this appropriation. Councilman Crites moved to waive further reading and adopt Resolution No. 91-110, supporting Congressional appropriation of $2 million for fiscal year 1991/92 to the Bureau of Land Management for acquisition of lands within the Santa Rosa Mountains National Scenic Area. Motion was seconded by Wilson and carried by unanimous vote of the Council. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING sr.r i rivIBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6. Consideration of Correspondence to Senator Robert B. Presley. Councilman Crites moved to add this matter to the Agenda for consideration. Motion was seconded by Wilson and carried by unanimous vote of the Council. Councilman Crites said he felt the Council should authorize the Mayor to send a letter to Senator Robert Presley thanking him for his efforts over the years on behalf of this portion of the Valley and seeking his advocation that Palm Desert remain within his Senatorial district when reapportionment and/or realignment is completed. He said the way it looked at this time, we would be represented by a Senator who resides in Chula Vista, and Senator Presley's district would end in Rancho Mirage or Cathedral City. Councilman Wilson agreed with sending the letter to Senator Presley but suggested a not so positive letter be sent to the Senate Reapportionment Committee, the Governor, and the California Supreme Court indicating that although the Coachella Valley has been represented by good people, they are not available to the citizens of our district, do not know the issues of the Valley, etc. He said he like a strong message sent that we want the entire Coachella Valley as a part of a Senatorial district and not split up, and he asked the City Attorney if there was any recourse available through the court system. Mr. Erwin responded that although there was some recourse available, it was not speedy. Councilman Wilson moved to, by Minute Motion: 1) Direct the Mayor to send a positive letter to Senator Robert Presley; 2) Direct the Mayor to work with the City Attorney and City Manager on the type of letter that should be sent to the State Supreme Court, the Governor, and the State Reapportionment Committee regarding the fact that they are once again considering making the Coachella Valley unwhole. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Snyder suggested that the letter to the Supreme Court, Governor, and State Reapportionment Committee be signed by the entire City Council, and Councilman Wilson suggested that a resolution of commendation be prepared and sent to Senator Presley with the letter of appreciation. Council concurred. 7. Request from Imaad Wasif for Financial Assistance. Mayor Snyder moved to add this item to the Agenda for consideration. Motion was seconded by Wilson and carried by unanimous vote of the Council. 12 MINUTES FGULAR PALM DESEF' CITY COUNCIL MEETING SEPTEMBER 12, 1991 * * * * * * * * * * _s * * * * * * * * * * * * * * * * * * * * * * * * MR. IMAAD WASIF, 77-365 California Drive, addressed Council and stated that he was 15 years old and a senior at Palm Desert High School. He said he had been nominated to represent California at the National Young Leaders Conference in Washington, D.C. from November 12 to November 17, 1991, and needed to raise $1,400 for the trip. He added that he would be honored to represent Palm Desert in Washington. Mayor Snyder suggested referring the matter to the Charitable Contributions Committee to determine what assistance could be given. Councilman Wilson said he felt this was a very worthy cause and that the City should support Mr. Wasif if possible; however, he also felt the service clubs in the City, such as Rotary and Soroptimist, should be made aware of this opportunity for them to support a Palm Desert High School student. He also agreed with having the matter referred to the Committee to see if something could be worked out. Councilman Crites suggested that the applicant meet with Finance Director Paul Gibson. MR. MOHAMMED WASIF, father of the applicant, stated that they had already approached the Rotary Club and other organizations and had not received any funds, although they did send congratulations. Councilman Wilson suggested that Mayor Snyder send letters to the service clubs expressing the City's support in concept. Council concurred. Councilman Crites moved to, by Minute Motion, continue this matter to the meeting of September 26, 1991, and refer it matter to the Charitable Contributions Committee for review. Motion was seconded by Wilson and carried by unanimous vote of the Council. 8. Eagle Mountain Landfill. Councilman Wilson moved to add this matter to the Agenda for consideration. Motion was seconded by Crites and carried by unanimous vote of the Council. Councilman Wilson stated that several weeks ago the Council had approved comments on the Eagle Mountain Landfill Environmental Impact Report. He said he was comfortable with the process underway with CVAG's Energy and Environment Committee looking at the issue; however, after Monday night's Executive Committee voted for "no position" and more or less left the cities on their own, he felt several comments should be added: 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING Jr r i =ABER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * * * * * He suggested that a trust fund be started to set aside five cents on the dollar to cover any unforeseen environmental hazards that might come about. The proposal was that this fund live 25 years beyond the life of the landfill to take care of any situations that might arise. Councilman Kelly . agreed. Councilman Crites said he had no problem with a trust fund but questioned whether five cents on the dollar was enough or too much. He felt it would be better to say that an appropriate amount of each dollar should be set aside in the trust funds and that there were experts that should determine what that amount should be. Councilman Wilson suggested "an appropriate and substantial amount ..." Upon question by Wilson relative to the timetable for submitting comments, Mr. Wohlmuth responded that comments on the Environmental Impact Report were due September 29th, with comments to the Riverside Planning Commission in November. Councilman Wilson stated another comment he would like included is a condition of approval requiring that the 52 miles of private train line be electrified before the landfill is opened and operational. In addition, a financial arrangement should be made with Southern Pacific to electrify the remaining rail line. Councilman Crites expressed concern as to which alternate fuel method would be best. He said there was no comparative data on pollution per mile. He suggested that the portion of the Environmental Impact Report dealing with alternate fuels be redone and returned for evaluation before adoption so we have some idea as to which is the best solution as opposed to diesel sources. Councilman Wilson added that he would like to see the rails electrified within a specific timetable. With Council concurrence, Councilman Wilson asked that these comments be forwarded to staff to bring back to the next City Council meeting a new list of issues the City wants addressed in the Environmental Impact Report. In addition, he asked that staff look at what the CVAG Energy & Environment Committee came up with and, if there are any other appropriate issues that have not been addressed, that these be brought back to Council at the same time. 14 MINUTES REGULAR PALM DESER' CITY COUNCIL MEETING SEPTEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9. Monterey Interchange. Councilman Wilson noted as an informational item that although RCTC had been directed as the lead agency to move forward with the Monterey interchange, at yesterday's meeting the Board indicated it wanted to give it to the County to act as lead agency. He said prior to that meeting he had met with Supervisor Corky Larson, Jack Regan of RCTC, and the new County Road Department Director Frank Sherkow. He said they had assured him that the project would be fast -tracked and that they would work with the City on all three interchanges that affect Palm Desert (Cook Street, Washington, and Monterey Avenue). Councilman Kelly stated there was an active committee working with Del Webb on the Washington Street interchange and that it looked like things were getting done. He asked whether a similar committee should be set up for Cook Street. Mr. Folkers responded that there was already a committee set up and that the next meeting was set for 2:00 p. m. on September 20th. He added that they were in the process of reviewing the preliminary study which was begun in February and hoped to complete it by the end of the month. • 10. City Street Sign for Monte Verde. Councilman Wilson stated that there was a private street in the Deep Canyon/Fairway Drive area by Peppertree that had a very old street sign identifying it. He said the residents had asked that a new City street sign be installed and were advised that the City does not provide signs for private streets, which he felt was the appropriate response. However, the person who requested the sign researched the issue and found that prior to 1985 the City had provided signs for some private streets. He said the street was Monte Verde and Deep Canyon, and he asked that staff provide signs at every street rather than having ugly old ones on some streets. He said it would make the neighborhood look nicer and would be consistent with other City signs. He asked that the City Manager follow through on this request. Mr. Altman stated that this could be done as long as there is access to the street and it is not a gated area. o City Council Committee Reports: 1. Councilman Kelly reported that he had attended a joint meeting of Western COG, Caltrans, and RCTC and felt it was an outstanding conference which covered from beginning to end the subject of transportation, its problems, 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING sr r i = V BER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * laws, etc. He said the Coachella Valley was cited as a model for what is trying to be accomplished throughout the State of California. He said he felt it might be good to have such a conference in the Coachella Valley and have all elected officials attend. In the meantime, the Council had been advised of a conference being held at Grand Champions in Indian Wells October 3- 4 relative to the half -cent sales tax. He said he would not be able to attend the conference and asked that other members of the Council attend. Councilman Wilson said he would able to attend one of the two days. He added that he felt it would be a good idea to have staff from the Public Works Department register for the conference and that it was a good opportunity to find out what other self-help counties are doing with their moneys. 2. Councilman Kelly stated he was a member of the SCAG Redefinition Task Force which was an attempt by SCAG to restructure and possibly get better representation from all areas in southern California. He said he was working towards having permanent representation from the Coachella Valley on the Board. He added that another meeting would be held on Monday and that there were three models of other regional governmental agencies they would be looking at. 3. Councilman Kelly stated that there was a CVAG Transportation Committee meeting scheduled for Monday at 10:00 a.m. and that he would not be able to attend. He said there had been problems in the past with having a quorum, and he asked that another member of the Council attend this meeting. Mayor Snyder stated he would be able to attend the meeting. XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn to Closed Session at 6:03 p.m. pursuant to Government Code Sections 54956.9 (a) (Big Horn Institute/County of Riverside v. City of Palm Desert, Indio Case 65057, and Del Gagnon v. City of Palm Desert, Indio Case 65036) and (b), and Personnel. Motion was seconded by Kelly and carried by unanimous vote of the Council. Mayor Snyder reconvened the meeting at 7:15 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 16 MINUTES REGULAR PALM DESER' CITY COUNCIL MEETING SEPTEMBER 12, 1991 s * * * * * * * * * _ , * * * * * * * * * * * * * * * * * * * * * * * * XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION QF PLAOUES OF APPRECIATION TO KAROL SCHOEN, ROBERT SPIEGEL, SUSAN MACK, AND RUSS MCCREA. Plaques of Appreciation were presented to Mr. Robert Spiegel for his service as the City's representative on the Joslyn Cove Communities Senior Center Board and to Ms. Susan Mack for her service on the City's Parks & Recreation Commission. Ms. Karol Schoen and Mr. Russ McCrea were not able to attend the meeting. B. PRESENTATION $Y THE COACHELLA VARY ASSOCIATION OF GOVERNMENTS OF A COPY OF ITS DISTINGUISHED LEADERSHIP AWARD. At the 4:00 p.m. portion of the meeting, Mr. Nick Nickerson, Regional Planner for CVAG, presented the Council with a copy of the Distinguished Leadership Award received from the American Planners Association. C. APPOINTMENTS TO THE PROMOTION COMMITTEE, PARKS & RECREATION COMMISSION, BUILDING BOARD OF APPEALS, ARCHITECTURAL REVIEW COMMISSION, PLANNING COMMISSION AND JOSLYN COVE COMMUNITIES SENIOR CENTER BOARD TO FILL VACANCIES CREATED BY RESIGNATIONS AND EXPIRATION OF TERMS. Mayor Snyder noted that the Council, at its August 22nd meeting, had continued these appointments to its meeting of October loth because Councilmember Benson was not expected to be back until that time. Councilman Wilson moved to add this item to the Agenda for consideration at this time. Motion was seconded by Kelly and carried by unanimous vote of the Council. Councilman Crites noted that there would not be Civic Arts Committee vacancies until December and that appointments did not need to be made at this time. Councilman Wilson moved to, by Minute Motion, make the following appointments: Promotion Committer, - Reappoint Lou Feiring, Lloyd Chester, Kurt Sipolski, and Robert Scholl to a second three-year term; increase membership to 11 and appoint Alan Nyman and Jim Lopez to a new three-year term. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Parks & Recreation Commission - Reappoint Daniel Barnes to a four-year term, appoint Randall White to fill the vacancy created by the resignation of Susan Mack, appoint Dennis Orsborn as an Alternate Member, a new position. Building Board of Appeals - Appoint Ken Stendell to fill the vacancy created the expiration of Paul White's term. Ar hitecturaJ Review Commission - Reappoint Rick Holden and Frank Urrutia to four- year term. Appoint Kirby Warner to fill vacancy created by resignation of Russ McCrea. Wayne Connors returns to his position of Alternate. City Representative on Senior Center Board - Appoint Claude Browning to replace Robert Spiegel who resigned. Planning Commission - Appoint Robert Spiegel to fill the vacancy created by the expiration of Richard Erwood's term. Motion was seconded by Councilman Kelly and carried by unanimous vote of the Council. Councilmember Benson commented that many applications had been received for City committees and commissions and as the City grows, many more people are interested in serving. She said the Council had adopted a policy stating that three unexcused absences constitute automatic resignation of the member absent. She said she would like to see this policy enforced and some method established whereby quarterly attendance reports are given to Council so it can keep track of these absences and keep the committees and commissions full. Council concurred. XVIII. PUBLIC HEARINGS A. ROUEST FOR APPROVAL OF A PUBLIC NUISANCE ABATEMENT OF PARCEL NO. 625-181-002-9 IN THE CITY OF PALM DESERT. Mr. Ramsey reviewed the staff report and offered to answer any questions. Councilman Kelly noted that he had been working on the PM10 Committee and that in the past the abatement contractors would go in and plow the lot, which was apt to have a lot of dust when the wind blows. He said we need to look at how to clean those lots a different way in the future. Mr. Ramsey responded that staff could discuss this with the contractor to see if there are different methods for abating the lots. He added that the contractor had been encouraged to disturb the top soil as little as possible. 18 MINUTES IZ GULAR PALM DESET CITY COUNCIL MEETING SEPTEMBER 12, 1991 * * * * * * * * * * _s * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Wilson moved to waive further reading and adopt Resolution No. 91-109, confirming assessments on property owners for abatement of weeds and other nuisance. Motion was seconded by Kelly and carried by unanimous vote of the Council. B. REOUJST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS FROM HIGH DENSITY RESIDENTIAL TO PROFESSIONAL OFFICE, CHANGE OF ZONE FROM R-3 (MULTIFAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL), A PRECISE PLAN FOR A 5,400 SQUARE FOOT OFFICE BUILDING ON THE SOUTH SIDE OF FRED WARING DRIVE BETWEEN SAN PABLO AVENUE AND SAN PASCUAL AVENUE (MICHAEL BUCCINO, APPLICANT). Mr. Drell reviewed the staff report, noting that although the applicant was only interested in one particular lot, the zone change involved a number of lots in the area. He added that no objections had been received from any of the other property owners in the area. MR. DAVID PREST, 73-550 Alessandro, spoke as the applicant's representative and offered to answer any questions. Council expressed concern with the lack of an elevator to provide access to the second floor. Mr. Drell stated that Council could make it a policy that all two-story buildings be handicap accessible. Councilmember Benson said she would be in favor of such a requirement and felt it would make it easier to rent the buildings. Councilman Wilson asked if there would be any liability for not providing for handicapped in the City's policies. Mr. Erwin responded that he did not believe there would be any liability but that he would check into it. Councilman Crites suggested that the Council approve the General Plan Amendment, pass the ordinance approving the change of zone to second reading, continue the precise plan until the ordinance approving the change of zone is adopted, ask the applicant to look at what would or would not happen if the City were to require elevators for two- story buildings, and ask the City Attorney to check into the liability issue. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. PREST stated that Councilman Crites' suggestion would be acceptable and that he would pass this information on to the applicant. He added that the plans for the project were based on the Uniform Building Code requirements which did not require an elevator. Mayor Snyder declared the public hearing closed. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 91-106, approving GPA 91-2; 2) waive further reading and pass Ordinance No. 657 to second reading for Change of Zone No. 91-2; 3) continue Resolution No. 91-107 for Precise Plan No. 91-8 until second reading of the Ordinance No. 657. Motion was seconded by Benson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Crites moved to, by 4/5ths vote, place an item on the Agenda for Council consideration relative to recommendations of the Personnel Salary Committee, noting that it had been discussed in Closed Session. Motion was seconded by Kelly and carried by unanimous vote of the Council. Councilman Kelly moved to waive further reading and adopt Resolution No. 91-108, reorganizing the Community Development Department and placing the City Manager's Secretary in Exempt Group B. Motion was seconded by Crites and carried by unanimous vote of the Council. Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 7:59 p.m. ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, 'CALIFORNIA WALTER H. SNYDER, MAYOR 20