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HomeMy WebLinkAbout1992-04-23MIiV'U TES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Mayor Pro-Tem Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman S. Roy Wilson Mayor Richard S. Kelly Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/RDA Executive Director Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Finance Director/City Treasurer Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES, of the Regular City Council Meeting of April 9, 1992. Rec: Approve as presented. MINI.: TES REGULAR PALM DESERT CITY COUNCIL MEETLNG APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 0308 and 0411. Rec: Approve as presented. C. RESOLUTION NO. 92-29 - 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. D. RESOLUTION NO. 92-30 - 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. E. RLSOLUTION NO. 92-31 - 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. RESOLUTION NO. 92-32 - 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. G. RESOLUTION NO. 92-33 - 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. 2 Rf.GULAR PALM DESERT' `'ITY COCNC[L NIEETLNG * * * * * * * * * * * * * * * * * * * * * APRIL 23, 1992 * * _ * * * * * * * * * * * * H. MINUTES of the Civic Arts Committee Meeting of February 10, 1992. Rec: Receive and file. I. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-475, Exploratory Potholes Project. Rec: By Minute Motion, approve Change Order No. 1 to Contract No. 00-475 in the amount of $18,000. J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. Q0-585 for HTE/Subcontractor - ISI Cabling Contract and Additional Appropriation in the Amount of $6,749 to Account No. 400-4190-4040. Rec: By Minute Motion: 1) Approve Change Order No. 1 for Contract No. 00-585; 2) Approve appropriation of $6,749 to Account No. 400-4190-4040. K. LETTER OF RESIGNATION from Ms. Gayle Thomas from the Civic Arts Committee. Rec: Receive with sincere regrets. L. REOUEST FOR APPROVAL of Extension of Contract No. 00-520 for Street Sweeping Services North of the Whitewater Flood Control Channel. Rec: By Minute Motion, authorize a one-year extension to Contract No. 00-520 with Street Works for street sweeping services north of the Whitewater Channel in the amount of $74,006.64 ($6,167.22 per month). M. REOUEST FOR APPROVAL of Release of Subdivision Improvement Securities for Tract 22111, Birtcher Construction Ltd., Applicant. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subdivision improvement securities for this project. N. REOUEST FOR APPROVAL of Mortgage Credit Certificate Program (MCC). Rec: 1) Waive further reading and adopt Resolution No. 92-24, authorizing an application to the California Debt Limit Allocation Committee and to permit the issuance of Mortgage Certificates in lieu of Qualified Mortgage Bonds; 2) By Minute Motion, approve Agreement No. C06270, a cooperative agreement between the County of Riverside and the City of Palm Desert to have the County administer the MCC Program. 3 1L; TES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1992 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s O. REQUEST FOR APPROVAL of Refund of Prior Years' Emergency Services (Fire Tax) Fees. Rec: By Minute Motion, approve a refund of $1,512 to Peter F. and Alcira E. Thompson for overpayment of Emergency Services (Fire Tax) fees during Fiscal years 1988-89 and 1989-90, 1990-91. P. RESOLUTION NO. 92-15 - A Resolution of the City Council of the City of Palm Desert, California, Opposing AB 1576 Requiring Local Agencies to Perform the Policing Duties of the State Department of Industrial Relations and Supporting AB 3251 Placing the Duties on the Department of Industrial Relations. Rec: Waive further reading and adopt. Q. PETITION from Residents of San Marino Circle for Street Closure. Rec: Refer to staff for report and recommendation. Councilman Wilson asked that Items J and Q be removed for separate discussion under Section IX, Consent Items Held Over. Upon motion by Snyder, second by Benson, and unanimous vote of the Council, the Consent Calendar, with the exception of Items J and Q, was approved as presented. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 6$0 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, A, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES ON COOK STREET FROM HIGHWAY 111 TO FAIRWAY DRIVE. Mr. Folkers reviewed the staff report, noting that speeds established by ordinance must be supported by a Traffic Engineering Study and that new speed studies must be performed 4 \IL`CIES REGULAR PALM DESEW CITY COUNCIL NIEETLtiG * * * * * * * * * * * * * * * * * * * * * * i APRIL 23, 1992 * * * * * * * * * * * * every five years for a speed zone to remain valid. Based on a recent study completed by the City of Indian Wells traffic engineering consultant, the Palm Desert Technical Traffic Committee recommended that a 35mph speed limit be established for Cook Street from Highway 111 to Fairway Drive. He offered to answer any questions. Councilman Snyder moved to waive further reading and pass Ordinance No. 680 to second reading. Motion was seconded by Wilson and carried by unanimous vote of the Council. For Adoption: None IX. CONSENT ITEMS HELD OVER J. REQULST FOR APPROVAL of Change Order No. 1 to Contract No. 00-585 for HTE/Subcontractor - ISI Cabling Contract and Additional Appropriation in the Amount of $6,749 to Account No. 400-4190-4040. Rec: By Minute Motion: 1) Approve Change Order No. 1 for Contract No. 00-585; 2) Approve appropriation of $6,749 to Account No. 400-4190-4040. Upon question by Wilson, Mr. Gibson explained that moving the telephone system from the Administrative Services Building to the Community Services Building was necessary because of GTE trunk lines and routing of those lines and that Emergency Services Coordinator Ken Weller could give specifics. He said the change order also included six special boxes for PC connections for the computer system at $1,500 each, which was at a discounted rate. Councilman Wilson asked that this matter be held until later in the meeting so that additional information could be provided to justify this change order. Council concurred. After further discussion during the 7:00 p.m. portion of the meeting, Mr. Altman noted that this actually was a request to ratify his approval of the change order. Councilman Wilson moved to, by Minute Motion, ratify the City Manager's approval of Change Order No. 1 to Contract No. 00-585 in the amount of $6,749 and approve appropriation of $6,749 to Account No. 400-4190-4040. Motion was seconded by Snyder and carried by unanimous vote of the Council. 5 MLN TES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. PETITION from Residents of San Marino Circle for Street Closure. Rec: Refer to staff for report and recommendation. Councilman Wilson stated that this was apparently an ongoing problem that has become significant in the neighborhood. He asked that staff make it an urgency item and try to come up with a solution as quickly as possible. Councilman Wilson moved to refer this matter to staff with a recommendation that staff come up with a solution at the next meeting. Motion was seconded by Snyder and carried by unanimous vote of the Council. X. NEW BUSINESS A. CONSIDERATION OF AN APPEAL BY T & R VALET SERVICE OF A DECISION BY THE CITY'S TECHNICAL TRAFFIC COMMruEE. Mr. Folkers reviewed the staff report, noting that many restaurants in the City were going to valet parking because it was felt patrons like it better than self -parking. However, there was a problem with valet parking businesses coming into the City without permits. In addition, the Technical Traffic Committee had considered valet parking and had developed a plan which some organizations had not followed through with. He added that complaints had been received from people who were feeling intimidated by these organizations in having to pay for valet parking service instead of being allowed to park their own vehicles. MR. BRIAN HORNICK, Romer & Hornick, spoke on behalf of T & R Valet Service, owned and operated by Tomar Meghanagi and his brother. He said the minutes of the April 3, 1992, Technical Traffic Committee meeting indicated this business could continue to operate valet parking if they filed an appeal with the City Council. He said his client was not one of the violators and that T & R did not charge or force anyone to pay for their services but instead operated only on gratuities received from customers. He spoke in opposition to the imposition of a blanket condition requiring 50% of the parking area for restaurants to be set aside for self -parking and expressed concern that this 50% area could remain empty while the valet parking area may be overflowing, which would cause problems. He said he was also concerned with other conditions such as requiring the valet service to post signage advising people where self -parking is as opposed to the valet service. He asked whether it would be better to allow the restaurant owner to decide whether he wants valet service and, if so, what percentage of the parking should be set aside for it. Councilman Wilson stated that regardless of the issue of payment, many people do not like to use valet services. With regard to Mr. Hornick's comments about the restaurant owners having control over the issue of valet service, he asked whether the restaurant owner would be using private or public parking. 6 . v il_ 4 %.. ♦ 1_.J REGULAR PALM DESERT (ITV COUNCIL NEEETLNG APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Hornick said he believed it was private property in this case. Councilman Crites said he felt his colleagues would agree that no government intervention in how a parking lot is run is the best policy except when it does not work. He said this issue did not come from the Council; it came from citizens complaining about the abuses occurring when people cannot use the parking spaces that are required by ordinance to be set aside for public use for those businesses. Mr. Hornick said he was concerned that conditions imposed will force the small operator out of business because they will deprive the businesses of the ability to effectively make money or service their clients. He said he had just received a copy of the requirements for Ruth Chris Steakhouse and had not had a chance to review them. He suggested that the Council, rather than make a decision on the appeal at this time, perhaps create a committee to address specific concerns. He said he wanted to work with the City instead of against it. Councilmember Benson said a similar citizens committee was formed to address the issue of smoking in restaurants, and she suggested that all valet services in the City be included as well as restaurateurs that have valet parking, the City Council, and Technical Traffic Committee members. Councilman Snyder suggested that this matter be referred to the City Manager to designate appropriate staff to put together the committee and then bring it back to Council after the committee has thoroughly discussed the matter. Councilman Crites suggested that in the future it might be appropriate to look towards a conclusion that could be included as a condition of approval when we go through the conditional use process for restaurants. This way restaurateurs will know the guidelines for the use of valet parking if they so choose. Councilman Snyder moved to, by Minute Motion, refer the matter to the City Manager for action, with the committee to consider all matters discussed during this portion of the meeting as well as any others that may arise. Motion was seconded by Wilson and carried by unanimous vote of the Council. Councilman Crites stated that one of the letters received did include another issue that he felt staff should look at. He said one of the issues when the City allowed commercial next to residential was to buffer the residences, and one of the issues was trash pickup. He said the letter from Mr. Winner noted that trash was being picked up at 5:30 a.m. approximately 20 feet from his bedroom. Council concurred that staff should look into this issue. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF EVENT AT CIVIC CENTER PARK. Mr. Altman noted there was a memo in the packets and said he felt this was a good program that would be welcome in Palm Desert. Deputy Bell from the Sheriffs Department in Indio spoke to the Council and explained the history of the "Wish Upon a Star" organization. He said the organization wished to have its "Walk for Dreams" in Palm Desert because of its central location, its attractiveness, and the fact that the Sheriff Station is here. He said the goal of the 6.2 mile fun walk was to raise funds for the organization to use in granting wishes of children afflicted with terminal or catastrophic illnesses. Councilman Wilson commended this organization for its efforts and welcomed it to Palm Desert. He moved to, by Minute Motion, approve the "Wish Upon A Star" Fundraiser Event for the Civic Center Park. Motion was seconded by Crites and carried by unanimous vote of the Council. C. REQUEST FOR APPROVQ,L OF THE SELECTION OF AN AUDIT FIRM TO PROVIDE AUDIT SERVICES TO THE CITY FOR THE FISCAL YEAR ENDING JUNE 30, 1992, WITH THE OPTION OF AUDITING ITS FINANCIAL STATEMENTS FOR EACH OF THE TWO SUBSEQUENT FISCAL YEARS. Mr. Gibson reviewed the staff report, noting that six firms had submitted RFP's and that both staff and the Investment Committee recommended the firm of Diehl, Evans and Company. He noted that there were several items to be addressed before awarding the contract to this firm; if the selected firm chooses not to abide or agree with any of the items outlined in the Investment Committee memorandum dated April 23, 1992, the firm which rated second in the selection process would be offered the contract to perform the audit services under the same conditions. Councilman Crites moved to, by Minute Motion: 1) Approve the Finance Committee recommendation and award Contract No. C06280 to Diehl Evans & Co. as the firm to provide audit services to the City for the Fiscal Year Ending June 30, 1992, with the option of auditing its financial statements for each of the two subsequent fiscal years, 2) approve the retaining of the same audit firm for an additional two years if the terms and services in the first year are satisfactory to the City, complying with the Finance Committee recommendation that at the appropriate time before the second year of service, the Finance Department staff will submit a report on the outcome of the first year's audit and its recommendation(s) based on that report, 3) request that if we do not hire the first firm that staff bring the issue back before the Council prior to hiring another firm. Motion was seconded by Wilson and carried by unanimous vote of the Council. 8 REGULAR PALM DESERT CITY COUNCIL NEEETL\G * * * * * * * * * * * * * * * * * * * * * * * * APRIL 23, 1992 * * * * * * * * * * * * D. REOUEST FOR CONSIDERATION OF FINANCING OF PROJECTS IN PROJECT AREA NO. 2. Chairman Kelly convened the Redevelopment Agency meeting at 4:45 p.m. to discuss this matter as a joint item. Mr. Ortega reviewed the staff report and offered to answer any questions. Councilman/Member Crites moved to: 1) Waive further reading and adopt Resolution No. 92-M, a Resolution of the City Council of the City of Palm Desert, California, approving the payment by the Palm Desert Redevelopment Agency for all or part of the value of the land for and the cost of installation and construction of certain publicly owner facilities and improvements, 2) waive further reading and adopt Resolution No. 260, a Resolution of the Palm Desert Redevelopment Agency approving the payment by the Agency for all or part of the value of the land for and the cost of installation and construction of certain publicly owner facilities and improvements. Motion was seconded by Benson and carried by unanimous vote. Chairman Kelly recessed the Redevelopment Agency meeting at 4:50 p.m. to the end of the City Council meeting. E. REOUEST FOR APPROVAL OF EL PASEO MEDIAN LANDSCAPE PROJECT. Mr. Wohlmuth reviewed the staff report, noting that the contract had been awarded for the street improvements on El Paseo. In order to complete that work, certain palm trees needed to be relocated. He said some of the palms would not be used on the project, and it was staffs desire to relocate them to the Civic Center site and incorporate them in the landscaping around the new tennis courts. Councilmember Benson suggested preparing a press release to let people know what is being done and that the trees are not just being removed. Council concurred. Mr. Wohlmuth added that approximately 100 trees would be affected by the street improvements, with about 30 percent of them requiring relocation. Councilman Snyder moved to, by Minute Motion: 1) Make a finding pursuant to Palm Desert Municipal Code Section 3.32.090 that the El Paseo palm tree relocation plan is unique and urgent and, therefore, is exempt from the normal bidding practice, 2) approve Contract No. C06290 with Prices Nursery for palm tree relocation in an amount not to exceed $14,900. Motion was seconded by Crites and carried by unanimous vote of the Council. 9 MINT TES REGULAR PALM DESERT CITY COUNCIL MEETLNG APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REOUEST FROM RESIDENTS OF PORTOLA COUNTRY CLUB FOR STOP SIGN ON PORTOLA AVENUE AT QUICKSILVER LANE. Mr. Folkers reviewed the staff report, noting that based on studies done by staff and considering the function of Portola Avenue, results of the traffic engineering studies, lack of accidents recorded, and action taken by the Technical Traffic Committee, staff would recommend denial of the request from residents of Portola Country Club for a change in traffic controls at Portola Avenue and Quicksilver Drive. MR. WALLACE HAGER, resident of Portola Country Club and President of the Homeowners Association, said they maintained, swept, and lighted their own streets within the club and called upon the City primarily for police and fire service. He submitted 564 petitions in favor of this request and said that although there had not been five accidents which would warrant a stop sign, the traffic had increased in the area partly because of the new four lanes on Hovley Lane; there would be even more traffic generated by the new school which will be built on Hovley Lane. He said he felt people in Portola Country Club should not be endangered by people not obeying traffic laws and not stopping when they are supposed to. He added that one other alternative would be to extend the 35 mph speed limit all the way to Hovley on Portola Avenue. MS. LOUISE WAGNER, resident of Portola Country Club, said turning into the complex was difficult because of the cars coming up from the Wash and the poor visibility. MR. BOB ALTSOP, resident of Portola Country Club and a retired police officer from the City of Los Angeles, said he felt the primary issue here was one of visibility. MS. ROSE HAMMONTREE spoke in favor of the installation of a stop sign at this location. Mr. Folkers reviewed other options that had been considered, such as modifications to the channelization and the possibility of access at the maintenance gate that is further north, approximately 500 feet from Chaparral Country Club. Councilman Wilson commended Mr. Hager for his clear and persuasive presentation. He said he was not one who likes additional stop signs because they slow down traffic; however, he said Mr. Hager convinced him that this was something that needed to be looked at. He said he felt some of the suggestions made by staff were worthy of further study, such as a new opening to the north and changes to the channelization; however, as a temporary measure, he said maybe we should go with stop signs at the requested location, with the idea that staff is looking at more permanent solutions. Upon question by Councilmember Benson regarding the relocation of the gate to the north, Mr. Hager responded that he was willing to look at this option; however, he said he doubted that it has the width necessary to make it a permanent means of ingress and egress to Portola. 10 REGULAR PALM DESERT CITY COUNCIL MEETLNG * * * * * * * * * * * * * * * * * * * * * * 4 APRIL 23, 1992 * * * * * * * * * * * * In addition, he said that aesthetically the current entrance was a straight shot back to the clubhouse, with a divided street with palms and grass in the middle, and it would be impossible to do anything like that with the new entrance. He expressed concern that property values would be reduced tremendously. He agreed with Councilman Wilson's suggestion that stop signs be installed to see how they will work. Councilman Crites said the problem was trying to make left turns out of the club. He said he felt staff should look at the entrance to the north and making it a usable entrance. He said another issue was that as long as we are looking at a stop sign, we might as well also look at a signal because stop signs stop traffic at times when there really is no need. He said he felt we should look at the whole issue of what is needed and what it will cost and make a decision to do something right away. Councilman Snyder agreed that perhaps a better solution to stop signs would be a traffic signal. He commended all of the citizens who came in, said they had a problem, and asked how the Council could address it. Councilman Wilson asked if it would be possible to have a one-way stop for northbound traffic which would leave southbound traffic as through traffic. Mr. Folkers responded that staff had attempted to do that and then went back and did the most recent striping but that they could look at it again. Councilman Wilson said he felt something needed to be done quickly and that the long range solution is a stop light activated by ingress and egress from Portola Country Club. Councilman Wilson moved to, by Minute Motion, direct staff to: 1) Prepare a report for the second meeting in May with both interim and long range solutions to this problem, and 2) ask staff to sit down with Mr. Hager and other representatives of the park to look at other possibilities such as the north entrance. Councilman Crites asked that the motion also include direction to staff to include a variety of options in the staff report as well as staffs perceptions of the advantages and disadvantages, and that these options be given to the homeowners far enough in advance so that Council will also have their reactions. Councilman Wilson agreed with the amendment. Motion was seconded by Benson and carried by unanimous vote of the Council. G. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega stated that per Council direction, staff had discussed with the City of Rancho Mirage the terms of its new franchise agreement. He said this agreement had 11 MINI: TES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * not yet been signed because there were changes being negotiated between Palmer and the City of Rancho Mirage. He said once the agreement is signed, staff would come back with a written report for Council. 2. Update on Tri-Cities Sports Facility. Mr. Diaz stated that the Civic Center Steering Committee would be examining alternative plans that were being formulated as a result of the meeting with opponents of the project as it now stands. He said the matter would be back before the Planning Commission on May 5 and that the Commission's decision would be final unless appealed to the Council. 3. Status of Date Palm Grove. Mr. Shillcock stated that the Civic Center Steering Committee would also be discussing the steps necessary to accommodate the date palm grove on the Civic Center site. 4. Recovery/Recycle/Reclaim of CFC and HCFC's. Mr. Altman noted the memo in the packets from Mr. Wohlmuth and offered to answer any questions. Councilman Wilson said he felt the suggestion in the last paragraph to have SCAQMD materials on hand to pass out to the appropriate air conditioning people was a good one and that we should assist as much as possible to make sure there is uniformity and compliance with this new rule without getting into the inspection, etc. 5. Update on Undergrounding Program. Mr. Altman said Councilman Crites had asked for a brief update on this program. Mr. Conlon stated that Council would be asked to consider at its first meeting in May approval of a contract with a consulting firm (Richard Recht & Associates) to do the nexus study on a proposed revision to our existing underground ordinance. He said through the years staff had seen some flaws to the undergrounding ordinance that cost the City attorney fees to defend. Through this study, staff proposed to change the ordinance to facilitate a street undergrounding program throughout the City of Palm Desert which would primarily focus on major arterials, collectors, and cross collectors. He added that this was not a neighborhood undergrounding program. Mayor Kelly said he knew the Palm Desert Homeowners Association had asked previously about going into some kind of assessment district program to underground 12 REGULAR PALM DESERT CITY COUNCIL \IEETL\G APRIL 23. 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * in their area. Mr. Conlon responded that what was being looked at now was not an assessment district and was a program funded through developer fees, Rule 20 contributions, and redevelopment increment. He said he would recommend going with this program first, which would greatly facilitate and reduce the cost of the neighborhood undergrounding assessment districts later. XI. CONTINUED BUSINESS A. REQUEST FOR COUNCIL DIRECTION RELATIVE TO SB1538 (KOPP) DEALING WITH CHANGES TO THE BROWN ACT. (Continued from the Meeting of April 9, 1992). Mr. Ortega reviewed the staff report, noting that the bill had been amended at the Local Government Committee; however, the latest information from the League indicated it still contained provisions objectionable to the cities such as the requirement that the attorney advise the Council in public of issues that may cause potential litigation. In addition, it still contained provisions that would apply The Brown Act to committees that make recommendations to the legislative body, even if those committees are not created by the City Council. Councilman Wilson requested clarification on the litigation advice and said he did not see the harm in it. He said he was sure the City Attorney would not tell Council anything that other lawyers wouldn't already know as far as what they can sue the City over. Mr. Erwin responded that if Council is advised, for example, that stop signs should not be placed, and the Council then places the stop signs anyway, this will impact greatly in front of the jury because of the fact that Council was advised in public by its legal advisor that it should not do so. Councilman Crites stated he would like to see the Council take the stand that this particular issue may have large financial impact on cities. Councilman Crites moved to, by Minute Motion, direct the Mayor to write a letter to our representatives in the Assembly and Senate voicing the Council's opposition to the particular provision discussed above. Motion was seconded by Benson. Councilman Wilson asked whether the provision that tape recordings from every executive session be given to the District Attorney was still in this bill. Mr. Ortega responded that it was still included in the bill, and he asked the City Attorney whether giving the District Attorney copies of these tapes would place the City at a disadvantage when there are lawsuits dealing with the County. Mr. Erwin agreed and said there was no prohibition to the District Attorney listening to the tapes and then passing that information on to the Board of Supervisors, County Counsel, etc. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1992 * * s * *** s s s s s s s s * s s s s s * * s s s s* s s s s s s * * s s He said he believed most of the items in this legislation were overkill and a reaction to someone who has abused the system and that he saw no need for them. He said if it was necessary that tapes be maintained of Closed Sessions, that could be done. However, he felt the requirement should be that they be placed with an impartial party at least. Councilmember Benson questioned Section 9 prohibiting city council members, planning commissioners, and other permanent board members from attending social or ceremonial occasions sponsored by the city. She asked whether this would apply to things like SpringFest '92 and the League of California Cities meetings. Mr. Erwin said he read in another place where it appeared to "except" social occasions. He said he was not sure what they were really trying to do with this issue. Upon question by Councilmember Benson relative to Section 12 dealing with city officials from attending retreats, lectures, etc. outside of their city, he said he felt this was designed to determine where city officials can meet but was also directed to the different types of retreats that many cities have and have had for many years. Councilman Wilson said he felt this was an issue that should be addressed. He said some cities use these types of retreats to get far away from the press and the public. He said he did not see this as a bad provision. Mr. Ortega stated there would be some amendments to this bill. He said he felt Council would be more successful if it concentrates on pointing out provisions that it feels are not in the public interest and ask that they be removed. He said the League felt that the requiring of the taping of Closed Sessions and the Attorney/Client privilege were the two key issues and, if Council agrees, staff could ask that those two be amended out. Councilman Crites amended his motion to include in the letter the issue of taping Closed Session and the District Attorney having those tapes and clarification of the provision prohibiting city officials from attending retreats, lectures, etc. outside of their city. Councilman Wilson said he could support part of this motion. He said he felt we need to suggest wording to amend the taping of executive sessions to be reasonable, such as putting the tapes on file locally. He said he felt it would be a bureaucratic nightmare to have every agency in the County flood the District Attorney with audio tapes after every meeting. He said he did not have a problem with the City Attorney publicly advising the Council when it is potentially malting an error. Councilmember Benson said she felt there should be clarification on Section 9. The City has many different types of receptions (i.e., Local Authors Book Display, Art Receptions, etc.), and if no Councilmembers attend them, the citizens wonder where they are. 14 REGULAR PALM DESERT CITY COUNCIL `IEET1I G * * * * * * * * * * a * * * * * * * * * * * * * ARIL 23. 1992 * * * * * * * * * * * * Upon question by Mayor Kelly relative to timing for comments, Mr. Ortega responded that this bill still had to go to the other house and then through the committee process. Councilman Crites amended his original motion to direct the Mayor to draft a letter expressing reasonable concerns on this bill and bring the letter back to Council in two weeks for action. Councilmember Benson amended her second. Motion carried by unanimous vote of the Council. Councilmember Crites moved to adjourn to Closed Session at 6:00 p.m. pursuant to Government Code Section 54956.9 (a), pending litigation (Big Horn Research Institute v. Palm Desert re: Altamira Project), and (b), potential litigation, and 54956.8, Real Property Transactions (acquisition of Morelli property in Section 4). Motion was seconded by Benson and carried by unanimous vote of the Council. NOTE: CONTINUED BUSINESS ITEMS B, C, AND D, OLD BUSINESS, AND REPORTS AND REMARKS WERE CONSIDERED AT THE 7:00 P.M. PORTION OF THE MEETING. B. REOUEST FOR COUNCIL DIRECTION REGARDING PROVIDING LOCAL PREFERENCE FOR LOCAL SUPPLIERS. (Continued from the Meeting of April 9, 1992.) This item was considered during the 7:00 p.m. portion of the Agenda. Mr. Altman noted the report in the packets from General Services/Purchasing Officer Larry McAllister. Mr. McAllister reviewed the staff report, noting that Council had continued this matter from the meeting of April 9, 1992, and asked that staff investigate the City of Los Angeles "Local Preference Measure" on the June, 1992, ballot as well as the South Coast Air Quality Management District's policy for criteria and weighting of proposals by points. He said there were three alternatives proposed in the report and asked that Council select one of the three and direct staff to proceed with same. Councilman Wilson moved to direct staff to take the three alternatives and the backup material to the Chamber of Commerce Board of Directors and ask them to consider putting together an ad hoc committee to review this and give input on the business community's views of this issue, with the matter to be brought back to Council at a later date. Councilman Crites seconded the motion, noting that he had already asked Mr. Dan Ehrler, Executive Director of the Chamber, to distribute the information at the next Board meeting. Motion carried by unanimous vote of the Council. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1992 * s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CONSIDERATION OF LETTER FROM CITY OF ROLLING HILLS ESTATES REQUESTING THAT THE CITY OF PALM DESERT SUPPORT SB1861 RELATIVE TO GRANTING LOCAL LAW ENFORCEMENT AGENCIES AUTHORITY TO REMOVE UNSAFE VEHICLES FROM ROADWAYS IN CALIFORNIA. (Continued from the Meeting of April 9, 1992). Councilman Crites moved to table this matter because the bill has been withdrawn. Motion was seconded by Wilson and carried by unanimous vote of the Council. D. CONSIDERATION OF LETTER FROM THOMAS S. BRACHKO REQUESTING SUPPORT OF HR123 AND S434 RELATIVE TO ESTABLISHING ENGLISH AS THE OFFICIAL LANGUAGE OF GOVERNMENT IN THE UNITED STATES. Councilman Wilson questioned whether the Council really needed to do anything with this since the letter indicates that our Congressman supports it. Councilman Wilson moved to table this matter. Motion was seconded by Snyder and carried by unanimous vote of the Council. XII. OLD BUSINESS A. REOUEST FOR AWARD OF CONTRACT NO. C06300 TO DAVID MUELLER AND BREEZE AIR-CONDITIONING FOR THE DESIGN, FABRICATION, AND INSTALLATION OF AN ARTISTIC PICNIC TABLE FOR AN AMOUNT NOT TO EXCEED $2,000. Mrs. Gilligan reviewed the staff report, noting that concerns about the material that the tables are made out of were addressed by Breeze Air Conditioning. Councilman Crites moved to, by Minute Motion, award Contract No. C06300 to David Mueller and Breeze Air -Conditioning in an amount not to exceed $2,000, subject to the contract including provisions for the City receiving a percentage of the sales price of all future picnic tables. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 16 .v 1LNi -REGULAR PALM DESERT CITY COUNCIL MIEETItiG APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * . * * * * * * * s * $ * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Committee Reports: 1. Councilman Crites complimented everyone who came down to City Hall after the earthquake last night. 2. Councilmember Benson suggested that the Chamber of Commerce be involved in the committee being formed to look at the restaurants and valet parking. Council concurred. 3. Councilman Wilson agreed with Councilman Crites' comments regarding the earthquake. He suggested in the future that once the EOC is set up that someone be designated to call and update each Councilmember and advise whether they should come down to City Hall. Mr. Altman said that in a full-scale opening of the disaster center, this would automatically be done. Emergency Services Coordinator Ken Weller added that during a major disaster, staff would notify the Councilmembers after the EOC is opened. He noted that 14 staff responded after last nights quake. He said that although the quake was centered close to the Marriott, only some of the crystals from the chandeliers were damaged. He added that the Department of Building & Safety had gone out and done inspections of major facilities and also for anyone who called in requesting inspections. He noted that there was an earthquake alert in effect stating there was a 10% chance of another significant earthquake equal to or larger than yesterday's. 4. Councilman Wilson stated that a month or two ago there was a request to reexamine the Haystack Road striping. He asked for the status of this report. Mr. Folkers responded that it would be on the Council Agenda for May 14, 1992. 5. Councilman Wilson noted that the temporary bankruptcy sign on the R & B Furniture store had been there for the last four to six months and asked if they had exceeded the emergency sign limit of 30 days. Mr. Allen responded that staff had notified the business that the sign needed to be taken down. Within a week, the business sent the City a copy of the order signed by a judge in the Santa Ana Court system stating that no city regulations would have any affect on that sale. He said the order also stated that the business could bring in merchandise from other stores. 17 MII i; TFS REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin stated that there were some time limits in the Chapter 11 proceedings which may not be very restrictive. He said he would look into this. 6. Mayor Kelly asked that the Council add an item to the Agenda dealing with support for Transit Pass Reform. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote of the Council. Mayor Kelly reviewed the proposed resolution and the sample proclamation declaring May 11-15, 1992, as "TRY TRANSIT WEEK". He added that the Boardmembers of Sunline Transit pledged to use public transit some time during that week. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 92-40, proclaiming support for Transit Pass Reform, 2) by Minute Motion, direct staff to prepare a proclamation declaring the week of May 11-15, 1992, as "TRY TRANSIT WEEK" in the City of Palm Desert. Motion was seconded by Kelly and carried by unanimous vote of the Council. 7. GOLF CART LEGISLATION Mayor Kelly reported that the Golf Cart Legislation had gone through both Houses and was now on the Governor's desk. He said it was planned to put together a signing ceremony to get some publicity for this legislation. He said he and the City Manager would make it a dual trip to meet with the head of CalTrans to get better cooperation as far as our Cook Street access to Interstate 10. o City Council Reouests for Action: 1. REOUEST FOR CONSIDERATION OF LOAN AGREEMENT (NO. 06310) WITH SUNLINE TRANSIT AUTHORITY. Mr. Altman reviewed the staff report and offered to answer any questions. Councilman Snyder asked how this note would be repaid, and Mr. Altman responded that it would be out of revenues from taxicab funds. Councilman Snyder moved to, by Minute Motion, approve the loan agreement (No. 06310) between the City of Palm Desert and the Sunline Transit Authority with the understanding that approval by the City Council will allow staff to consult with the City Attorney for execution of this agreement. Motion was seconded by Benson and carried by unanimous vote of the Council. 18 . • t ._ &...J REGULAR PALM DESERT (ITY COL�CIL MEETLNG APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B None XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Continued Business Items B, C, and D, Old Business, and Reports and Remarks were considered during the 7:00 p.m. portion of the meeting. See those sections of the Minutes for discussion and action. XVI. ORAL COMMUNICATIONS - C MRS. RUTH GEIBERSON, 44-875 San Antonio Circle, addressed Council relative to a petition she had circulated objecting to a commercial center on the east side of Monterey Avenue between Highway 111 and San Gorgonio. She said the people who signed the petition feel they are already overburdened by the Palm Desert Town Center across the street and had been under the impression that the vacant area would be utilized for a modest office complex such as those on Monterey. She said they were also disturbed about having a restaurant and shops placed in the center of a residential area and were concerned about increased traffic on Monterey and San Gorgonio. She presented the petitions to the City Clerk (on file and of record in the City Clerk's Office). XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE CIVIC ARTS COMMITTEE TO FILL THE VACANCIES CREATED BY THE RESIGNATION OF ALEX YARON AND GAYLE THOMAS. Councilman Crites moved to continue this appointment to the meeting of May 14, 1992 Motion was seconded by Wilson and carried by unanimous vote of the Council. B. APPOINTMENTS TO THE PROMOTION COMMITTEE. Councilman Crites moved to continue this appointment to the meeting of May 14, 1992. Motion was seconded by Wilson and carried by unanimous vote of the Council. C. APPOINTMENT TO THE SISTER CITY COMMITTEE TO FILL THE VACANCY CREATED BY THE RESIGNATION OF VONNA WESTFALL. Councilman Crites moved to, by Minute Motion, appoint Mrs. Ella Manor to the Sister City Committee to fill the vacancy created by the resignation of Vonna Westfall. Motion was seconded by Wilson and carried by unanimous vote of the Council. 19 NI MUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE. Councilman Crites moved to, by Minute Motion: 1) Add two new positions to the Economic Development Advisory Committee and appoint Kermit Mertin and Nancy Artis to those two new positions, 2) appoint Dave Rolston to the Economic Development Advisory Committee to fill the vacancy created by the resignation of John Ceriale. Motion was seconded by Wilson and carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Wilson, second by Crites, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 7:42 p.m. ATTEST: SHEILA R. GILLIGAN, -CTY CLERK CITY OF PALM DESERT, CALIFORNIA RICH 1LD S. KELLY, M YOR 20