HomeMy WebLinkAbout1992-03-26MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 26, 1992
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I. CALL TO ORDER
H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson
III. INVOCATION - Councilman Walter H. Snyder
IV. ROLL CALL
Present:
Councilman Buford A. Crites
(arrived at 4:10 p.m.)
Councilman Walter H. Snyder
Councilman S. Roy Wilson
Mayor Pro-Tempore Jean M. Benson
Excused Absence:
Mayor Richard S. Kelly
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk
Carlos L. Ortega, ACM/RDA Executive Director
Ramon A. Diaz, ACM/Director of Community. Development
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
Joseph Gaugush, Acting Director of Public Works
John Wohlmuth, Environmental Conservation Manager
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 12, 1992.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR0207,
WR0211, WR0302, and WR0309.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by William J. Williams for
Billy's Philly Steaks, 73-091 Country Club Drive, #A-1, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Young Enterprises, Inc. for
Village Deli, 72-624 El Paseo, #C-7, Palm Desert.
Rec: Receive and file.
E. CLAIM AGAINST THE CITY (#187) by Michael Kwait in the Amount of $110.00
Rec: By Minute Motion: 1) Deny the Claim because the incident occurred on private
property, 2) instruct the City Clerk to so advise the Claimant.
F. MINUTES of Palm Desert Civic Arts Committee Meeting of February 10, 1992.
Rec: Approve as presented.
G. MINUTES of Building Board of Appeals and Condemnation Meeting of February 12, 1992.
Rec: Approve as presented.
H. REVIEW of City's Conflict of Interest Code.
Rec: By Minute Motion, refer to the City Manager for report and recommendation for
any necessary amendments to the City's conflict of interest code.
I. SCHEDULE OF INVESTMENTS as of December 31, 1991.
Rec: Receive and file.
J. STATEMENT OF CASH TRANSACTIONS as of December 31, 1991.
Rec: Receive and file.
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K. REQU STFOR AUTHORIZATION to Advertise and Call for Bids for the El Paseo Median
Landscape Tree Relocation/Tree Planting Project (Contract No. C06230).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
El Paseo Median Landscape Tree Relocation/Tree Planting Project (Contract No.
C06230).
L. REQUEST FOR RELEASL of Subdivision Improvement Securities for Parcel Map 25018
(Affiliated Construction Co., 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.
M. REQUEST FOR APPROVAL of Fiscal Impact Report to be Completed for the Monterey
North Sphere Annexation.
Rec: By Minute Motion, approve the execution of an agreement with Jonathan &
Associates, Inc. (Contract No. C06240) and appropriate $12,000 from the
unappropriated reserves to pay for the study.
N. REQUEST FOR CONSIDERATION of Healthy Cities Project - Water Safety and Drowning
Prevention Program.
Rec: By Minute Motion: 1) Authorize staff to seek proposals from education and
promotion consultants to prepare a water safety and drowning prevention brochure
and coordinate an injury tracking software implementation within Palm Desert Fire
Department, 2) appropriate an additional $2,500.00 from the general fund budget
reserve to the project account in order to match the State of California Consortium
of Health grant of $2,500.00.
O. CONSIDERATION of Request from Westinghouse Desert Communities, Inc. for Use of
Kleig Lights at its April 4, 1992, "Bighorn Concert on the Green".
Rec: By Minute Motion, approve the request and instruct the Director of Community
Development to issue a Temporary Use Permit for same.
P. REQUEST FROM WESTINGHOUSE DESERT COMMUNITIES. INC. for Consideration
of the Creation and Placement of a Work of Art in Full Satisfaction of its Obligation Under
the City's Art -In -Public -Places Program.
Rec: By Minute Motion, approve the request because it is in keeping with the
amendment just made to the public art ordinance.
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Councilman Wilson removed Items I and M for separate discussion under Section IX,
Consent Items Held Over.
Upon motion by Snyder, second by Crites, the Consent Calendar, with the exception of Items I and
M, was approved as presented by a 3-0-2 vote with Councilmen Crites and Kelly ABSENT.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
None
VI'II. ORDINANCES
For Introduction:
A. ORDINANCE NO. 678 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 345 AND
AMENDING SECTION 2.52.470 OF THE PALM DESERT MUNICIPAL CODE
RELATING TO THE EMPLOYMENT OF FORMER CITY EMPLOYEES
Mr. Millheim reviewed the staff report, noting that the existing conflict of interest code
section dealt only with existing employees having employment other than their City position.
This ordinance would address former employees who go to work for themselves or others and
then enter into a business relationship with the City.
Councilman Wilson asked whether this ordinance would be legally enforceable. Mr. Erwin
responded that in his opinion it would.
Councilman Wilson noted a typographical error on line 2 of Exhibit "A" of the ordinance and
noted that it should state "An employee or former employee QI former City official..." rather
than "...gf City official...". He added that he felt it was a good step forward.
Councilman Wilson moved to waive further reading and pass Ordinance No. (7$ to second reading.
Motion was seconded by Snyder and carried by a 3-0-2 vote, with Councilmen Crites and Kelly ABSENT.
NOTE: COUNCILMAN CRITES ARRIVED AT 4:10 P.M.
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For Adoption:
A. ORDINANCE NO. 671, - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
SECTION 5.86.050 REGARDING PERMITTED MASSAGE ESTABLISHMENTS.
Mr. Altman noted that this had been introduced previously and that there had been no
changes. He recommended its adoption.
Upon motion by Crites, second by Snyder, Ordinance No. 671 was adopted by unanimous vote of
the Council.
B. ORDINANCE NO. 672 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
SECTION 5.88.040 REGARDING LOCATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS.
Mr. Altman noted that there had been no changes since introduction of this ordinance and
recommended adoption.
Upon motion by Snyder, second by Wilson, Ordinance No. CZ was adopted by unanimous vote
of the Council.
C. ORDINANCE NO. 673 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING TITLE 4 TO THE PALM DESERT
MUNICIPAL CODE PERTAINING TO ART AND ART IN PUBLIC PLACES.
Mr. Altman stated there had been no changes since introduction of this ordinance, and he
recommended adoption.
Upon motion by Crites, second by Snyder, Ordinance No. fp was adopted by unanimous vote of
the Council.
D. ORDINANCE NO. 674 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF
PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 91-1 (INDIAN RIDGE
PUBLIC IMPROVEMENTS).
Mr. Altman stated that no changes had been made to this ordinance since its introduction. and
he recommended adoption.
Upon motion by Snyder, second by Benson, Ordinance No. 674 was adopted by unanimous vote
of the Council.
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E. ORDINANCE NO. 675 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE
SECTION 2.16.010 RELATING TO THE INVESTMENT COMM' i Jr-L.
Mr. Altman noted that this ordinance was introduced previously and that there had been no
changes. He recommended adoption.
Upon motion by Wilson, second by Crites, Ordinance No. El was adopted by unanimous vote of
the Council.
IX. CONSENT ITEMS HELD OVER
I. SCHEDULE OF INVESTMENTS as of December 31, 1991.
Rec: Receive and file.
Councilman Wilson suggested that a column be added to the right side of this report
indicating which broker, if any, is being used by the City for that particular investment so
that the Council can keep track of it.
Mr. Gibson responded that no brokers were being used at this time; however, if we do star
using brokers, he said staff would add such a column to the report.
Councilman Wilson moved to receive and file this report. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
M.
REQUEST FOR APPROVAL of Fiscal Impact Report to be Completed for the Monterey
North Sphere Annexation.
Rec: By Minute Motion, approve the execution of an agreement with Jonathan &
Associates, Inc. (Contract No. C0624Q) and appropriate $ 12,000 from the
unappropriated reserves to pay for the study.
Councilman Wilson asked whether there was a potential conflict of interest in using a
Planning Commissioner as a consultant on a planning item such as this.
Mr. Erwin responded that it could have the appearance of a conflict depending on whether
the Planning Commissioner votes on it or not. He said this was not necessarily a planning
item but was a fiscal impact report which was not necessarily part of the planning process.
Mr. Diaz added that this report was not being required by the City but was required by
LAFCO as part of the analysis. He said the Planning Commissioner would not benefit in any
way nor would his payment be impacted in any way whether the property is annexed or not.
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Councilmember Benson stated that the City had been very careful to avoid this type of
situation in the past, and she did not want to do something that would have the appearance
of a conflict of interest.
Upon question by Councilman Wilson, Mr. Diaz responded that there were other firms
available to do this type of analysis but that this firm had been selected because they had done
similar analyses for the three previous annexations north of the Whitewater Channel. He
added that this firm had done a good job in the past and knows how to provide the
information which LAFCO determines is necessary. Councilman Wilson questioned how
Jonathan & Associates had been originally selected, Mr. Diaz said he believed two or three
other firms had been interviewed the first time.
Upon question by Councilman Crites, Mr. Diaz responded that the preannexation zoning was
already before the Planning Commission but that the Commission would not be voting on this
report.
Councilman Crites stated that he felt the simplest way to resolve this situation was to continue
with this firm but to ask that the principal of the firm not vote on annexation issues for which
his firm has been contracted.
Councilman Wilson stated that the voting issue may be academic if it is not tied to this and
the prezoning comes before the report is done. He said he felt this was a very important
annexation and that he would hate to slow down the process. He said he would be willing
to approve this at this time but direct staff to reexamine the issue in the future.
Councilman Wilson moved to, by Minute Motion, approve the execution of an agreement with
Jonathan & Associates, Inc. (Contract No. C0624Q) and appropriate $12,000 from the unappropriated
reserves to pay for the study, with direction to staff as indicated above regarding potential conflicts of
interest in the future. Motion was seconded by Crites and carried by unanimous vote of the Council.
X. NEW BUSINESS
A. PRESENTATION BY DR. MARK BENSON RELATIVE TO CITY OF PALM DESERT'S
PURCHASE OF A DISASTER MEDICAL CACHE.
Emergency Services Coordinator Ken Weller stated that this program had been through the
Coachella Valley Communications Group as well as the CVAG Public Safety Committee and
that both bodies had endorsed the concept. He introduced Dr. Mark Benson, who was in
charge of this program.
Dr. Benson gave a slide presentation and explained what the Disaster Medical Cache was and
how it would operate.
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Councilman Crites stated that the CVAG Public Safety Committee had responded very
positively to this as a comprehensive program.
Upon question by Councilmember Benson as to where these caches would be stored, Dr.
Benson responded that they would probably not be stored at City Hall because this will be
the location of the Emergency Operating Center for this area. He said there were
organizations that had volunteered to store these caches. In addition, fire stations, schools,
and perhaps nursing homes would also be storage locations. He added that locations would
be decided on the basis of common sense.
Councilmember Benson asked whether supplies would be replaced as they expire. Dr.
Benson responded that supplies would not expire but would be brought into the hospitals
before the expiration dates and replaced with newer supplies.
Councilman Crites moved to, by Minute Motion, forward this matter to staff with the prospect of
including it as a potential budget item for the next fiscal year. Motion was seconded by Snyder and carried
by unanimous vote of the Council.
B. REQUEST FOR CONSIDERATION OF A WAIVER TO ORDINANCE NO. 642 WHICH
REGULATES LIGHT POLLUTION (DSL SERVICE COMPANY, APPLICANT), Case No.
PP-13.
Mr. Diaz noted the staff report in the packets along with a memorandum from Director of
Building Pat Conlon regarding the lighting ordinance and whether or not a waiver should be
granted in this particular case.
MR. ED RITTER, DSL Service Company in Newport Beach, introduced Mr. Jim Smith,
consultant to the electrical engineer, and asked him to cover the technical aspects of this
request.
MR. JIM SMITH addressed Council and stated he was available to answer any questions.
Councilman Crites asked what other options were available since the variance being requested
will not meet the City's lighting ordinance.
Mr. Smith responded that he was recommending use of high pressure lights whereas Palomar
Observatory was requesting use of low pressure sodium lights so they can view the heavens.
He noted that a recent newspaper article from San Diego showed that San Diego County was
recommending changing lighting from low pressure to high pressure; in addition, the City of
Long Beach was in the process of converting back to high pressure. He said one of the
reasons for converting was that they were getting a lot of pressure from the public and law
enforcement. He said low pressure was currently the best and most efficient light source as
far as lumens of light versus power used; however, if was not the most efficient as fax as
getting into the ground. He said it distorts colors of objects, such as vehicles; i.e., red looks
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grey, brown looks green, etc. He added that it was his understanding that Palomar goes on
at 9:00 p.m., and these lights would be turned off at the shopping center at 11:00 p.m., so
there would only be two hours of light pollution.
Councilmember Benson asked where else in the City the high pressure sodium lights were
used, and Mr. Smith stated they were all over the City. He cited one example as the
Marshall's Center.
Councilman Snyder asked if the applicant had a problem with the maximum 250 watt high
pressure sodium, and Mr. Smith responded that he did not.
Mr. Ritter added that they had reduced the wattage from 400 to 250.
Mr. Diaz stated that it was staffs feeling that this was a Council policy decision. In terms
of wattage and footcandles, staff recommended that it not be more than 2.5 average
footcandles and not more than a 25 % differentiation of lighting in the project. He added that
the yellow low pressure sodium lights, such as at the Price Club shopping center, were
considered to be uglier by some people than the white high pressure sodium lights.
Councilman Crites said he felt if Council were to grant the exemption, it might as well
change the current policy. Before that is done, he said he would like to have comments from
Palomar, citizens, and organizations that originally approached the City on this issue as to
the different impacts of the two types of lighting. He added that he would like to look at this
information at the next meeting.
Councilman Crites moved to continue this matter to the meeting of April 23, 1992, and direct staff
to contact the various interested parties to obtain information and dialogue regarding the impacts of the two
different types of lighting. Motion was seconded by Snyder and carried by a 3-0-2 vote, with Councilmen
Wilson and Kelly ABSENT.
C. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Ortega noted the report of cable complaints received from Palm Desert residents
for the period of March 5 - 24, 1992.
2. Update on Tri-Cities Sports Facility.
Mr. Diaz stated that staff was in the process of reviewing comments to the
Environmental Impact Report. He said the matter would be before the Planning
Commission in April. He added that the decision of the Planning Commission was
final unless the matter is appealed or called up for review by the City Council.
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3. Status of Date Palm Grove.
Mr. Shillcock stated that he and Mr. Ortega had met with the developers last week
and were continuing negotiations and discussions and would continue to move forward
as quickly as possible.
XI. CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF PROPOSAL FROM STAN COTY FOR A 72-UNIT
SENIOR HOUSING PROJECT (FORMERLY CABLE AND RYLEE) ADJACENT TO THE
SENIOR CENTER (Continued from the Meeting of March 12, 1992).
Mr. Altman stated that staffs recommendation was to continue this item to the meeting of
April 9, 1992.
Councilman Snyder moved to continue this matter to the meeting of April 9, 1992. Motion was
seconded by Crites and carried by unanimous vote of the Council.
B. REQUEST FOR CONSIDERATION OF PALM SPRINGS DESERT RESORTS
CONVENTION AND VISITORS BUREAU'S RECOMMENDATION FOR INCREASED
FUNDING. (Continued from the Meeting of March 12, 1992.)
Councilmember Benson stated she had received a request from Mr. Mason Murick for the
Council to hold discussion of this item until he arrives at 5:00 p.m. Council concurred and
returned to this item following Old Business Item B.
MR. MASON MURICK spoke as the owner of Casa Larrea Motel in Palm Desert. He
expressed concern with raising the Transient Occupancy Tax and said people who check in
feel the City is trying to drive the tourists away. He said he was also concerned with the
funding of the CVB and said he felt 90% goes to promote Palm Springs instead of benefiting
Palm Desert. He suggested taking that money and setting up our own advertising and
publicity department perhaps through the Chamber of Commerce and appoint an advertising
agency to handle the promotion for Palm Desert, Indian Wells, La Quinta, and perhaps
Rancho Mirage.
Councilmember Benson responded that the City of Palm Desert has its own Promotion
Committee with funding to promote just Palm Desert and the activities that take place in our
city. She noted that the City also has contracted with an advertising firm to promote Palm
Desert. With regard to the CVB, she said it was a joint effort among the nine cities in the
Valley and has been of benefit to all of the cities since its formation.
Councilman Crites said he understood Mr. Murick's perceptions that the money mainly
benefits Palm Springs; however, there were those in Palm Springs who felt it benefited
mostly Palm Desert and the other cities in the Valley.
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NOTE: Councilman Wilson returned to the meeting at 5:05 p.m.
In response to Mr. Murick's comment that the small hotels do not participate in this,
Councilmember Benson stated that part of the philosophy of the CVB's request for additional
funding was to be able to put on programs that will attract the smaller hotels to join.
Mr. Murick stated it was his understanding that the CVB wants to assess the smaller hotels
10% for each booking, like a travel agent.
MR. MICHAEL FIFE, President of the Palm Springs Desert Resorts Convention and Visitors
Bureau, responded that there is a 10% fee that the City of Palm Springs Visitors and
Promotion Bureau charges as a commission if they make a reservation for one of their hotels.
He said this was a Palm Springs City booking only.
Councilman Crites stated that at the last meeting, Council had asked that Mr. Fife contact the
smaller hotel owners to find out their feelings about the increase in the Transient Occupancy
Tax.
Mr. Fife responded that they had contacted 18 room tax collecting agencies, including hotels
and some condominiums that also rent and collect room tax. They had faxed information and
sent letters to them. He said he was not personally able to talk to all of the hotel owners but
had talked with approximately half. From that he said he had received some positive
comments from them about things the medium and small -sized hotels would like the CVB to
do with the money, such as cooperative advertising programs for mid and small -sized, non -
convention hotels. He said they would also like some consumer show joint shares so we can
all go together in small and mid -sized hotels. As a result of that, the CVB put together a
program that is geared specifically to small and mid -sized hotels. He said he would be happy
to share that information with Mr. Murick and anyone else in the small hotels. He added that
until this meeting he had not had any hotelier comment negatively on the proposal.
Councilman Crites stated that at the last meeting he was voting NO on this for several
reasons, including his concern that the smaller hotels had not been contacted on this.
However, after correspondence and conversation with Mr. Fife and others, he said he was
now ready to vote in favor of the proposal.
Councilman Crites moved to: 1) Waive further reading and adopt Ordinance No. f72, increasing
the Transient Occupancy Tax (TOT) by 1 %. Motion was seconded by Snyder with the amendment that if
this falls apart and we lose four or five members of the current consortium, we have the opportunity to
revisit this proposal and determine whether or not we should continue under the present program.
Councilman Crites agreed with the amendment and said he would like to see six months from
now what kind of follow through has really happened in terms of programs for smaller hotels.
He said we have to zealously watch to make sure that our small hotels, our colleagues here
in town that are locally owned and managed, benefit from this process.
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Councilmember Benson added that the HIBC, which is the Hospitality Industry Council that
is part of the Bureau, is very concerned about doing something also and will make sure this
does benefit the smaller hotels.
Mayor Pro-Tempore Benson called for the vote. Motion carried by unanimous vote of the Council.
XII. OLD BUSINESS
A. REQUEST FOR CONSIDERATION OF 18TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS.
Mr. Ortega stated that a public hearing had been held at the March 12th meeting to consider
requests for this money. He said the staff report included recommendations for use of the
funds for this year. He explained the table included in the report, noting that staff could not
recommend that all of the requests be funded because the amount requested would exceed the
amount available to the City for this year.
Mr. Ortega added that while staff was willing to keep the three years' funding as stated in
the table, they would be going back to all of those people who have previously been awarded
funds; if they cannot show a plan to use the funds expeditiously, staff will come back to the
Council with recommendations for reallocating those funds.
Councilman Crites expressed concern that a City project seemed to be the neediest as far as
the table in the staff report, and Councilmember Benson asked why CDBG funds were being
used for the City's Barrier Free project. Mr. Ortega responded that this was one of the
primary eligible activities for use of CDBG funding.
Mr. Altman added that it would cost a lot of money for the City to comply with the new
Americans with Disabilities Act.
Councilman Snyder moved to, by Minute Motion, approve staffs recommendation for use of 18th
Year CDBG funds and authorize staff to file an application for use of such funds.
Councilman Crites seconded the motion amended to direct staff to review the status of previous
projects and make recommendations for reprogramming of those funds if necessary.
Councilman Snyder agreed to the amendment. Motion carried by a 3-0-2 vote, with Councilmen
Wilson and Kelly ABSENT.
B. REQUEST FOR APPROPRIATION FOR MATCHING FUNDS FOR SPRINGFEST '92.
Mr. Altman noted the report in the packets and recommended approval of an amount not to
exceed $10,000 with City money being used to match monies raised in the community
through sponsorships.
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Councilman Crites asked staff if there was a projected total budget for this event. Mr.
Shillcock responded that the majority of the funds to date have been from the Promotion
Committee budget for promotional activities. He stated that staff felt this would be the sum
total of expenditures. He added that to date, there had been commitment of approximately
$8,000.
Councilman Crites suggested that this be included in next year's budget so that when Council
looks at the budget, it can look at the entire thing instead of a piece at a time.
Councilman Snyder said he felt this event was going to be a great one.
Councilman Snyder moved to, by Minute Motion, appropriate an amount not to exceed $10,000.00
with City money being used to match monies raised in the community through sponsorships. Motion was
seconded by Crites and carried by a 3-0-2 vote, with Councilmen Wilson and Kelly ABSENT.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Request from YMCA to Display Banners for its 2nd Annual Card Show and 1992
Spring Festival.
Mr. Altman stated this request had come in after the Agenda was posted.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Snyder and carried by unanimous vote of the Council.
Mr. Altman noted the memo from Mr. Diaz and the recommendation for approval
subject to the banners not directly facing a public street.
Upon question by Councilmember Benson, Mr. Diaz responded that the banners
would be up through April 26th and would help publicize both the Desert Card Show
and the SpringFest '92.
MR. GERALD HUNDT, Executive Director of the YMCA, stated they were only
requesting that the banners be up during the days of the event to tell people what was
taking place at the YMCA building and the rest of the park.
Councilman Crites moved to, by Minute Motion, grant the YMCA request to display banners for
its 2nd Annual Desert Card Show and SpringFest '92, subject to the banners not being directly visible from
a public street. Motion was seconded by Wilson and carried by unanimous vote of the Council.
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B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code
Section 54956.9 (a), pending litigation (Big Horn Research Institute v. Palm Desert; Shearson
v. Palm Desert) and 54956.8, Real Property Transactions (north of Frank Sinatra on both
sides of Cook Street, owned by David Friedman; parcels of property in Section 4 owned by
various entities).
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Councilman Crites stated that the BLM would be approaching the various cities
in the Coachella Valley for a memo of understanding concerning management
of City lands that are within the National Scenic Area. He said this was their
first cut at what they would like to see us look at. He gave copies to the City
Attorney and to Mr. Diaz and asked that they look at it and within two weeks
provide a response for the BLM.
o City Council Committee Reports:
1. Councilman Crites reported that CVAG is sending forth its annual
reorganization plan and said that TAC would be reviewing it soon. He said it
had been presented at meetings of both the Energy and Environment Committee
and the Public Safety Committee and was met with unanimous NOs from
everyone commenting.
Councilmember Benson added that the response had been about 50/50 at her
committee meeting.
Upon question by Councilman Wilson, Councilman Crites stated that the plan
would basically allow fewer committees, and the major committees would
consist only of elected officials. He said the negative reaction from the two
committees was that even though elected officials are the only ones to vote,
having staff be able to sit down at the table and interact as equal colleagues is
one of the strengths of CVAG and is something the committee members do not
want to see lost.
Councilmember Benson added that it would create more technical working
groups, with staff doing more of the background work prior to discussions on
particular items.
2. Councilman Crites stated that the task force working on the Eagle Mountain
issue is still working at it. He said he did not expect the Planning Commission
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to finish with that item until some time in June, so it will not be to the Board
until some time in summer. He said the final EIR may be available within the
month.
3. Councilman Wilson asked when Council will receive information on a
purchasing policy for locally owned and operated businesses to be given
preference.
Mr. Altman responded that General Services Director Larry McAllister was
working on this matter and that he would have a status report to Council at the
next meeting.
4. Councilmember Benson noted that the Housing Committee had voted yesterday
not to pursue Senator Bergeson's bill on affordable housing. She said there
were two to three other bills which had come up since her bill was entered. A
subcommittee of herself, Dave Yrigoyen, Amy Parker, and John Meely had
been appointed to look at those bills to see if there is anything to be attached to
and would be reporting back.
5. Councilmember Benson reported that the Children's Museum now had three
representatives from the City who had demanded that they come up with a
budget to see how they will be operating.
6. Councilmember Crites stated that a memo had been received from the City
Attorney regarding proposed revisions to The -Brown Act. He asked if there
were ongoing efforts through the League of California Cities to discuss this
issue with the State Legislature.
Mr. Ortega responded that there were and said staff was looking at this matter.
He said it was a delicate issue for city councils to consider because it restricts
a lot of the activities of the city councils.
Mr. Erwin stated that he had provided this more as an information item to the
Council than anything else. He said although certainly there were reasons for
The Brown Act, he felt some of the provisions were tremendously overreaching,
and he said he would like to see the State Legislature apply it to themselves
first.
XIV. ORAL COMMUNICATIONS - B
None
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Councilman Wilson moved to adjourn to Closed Session at 5:30 p.m. following the Redevelopment
Agency Meeting and the Financing Authority Meeting. Motion was seconded by Crites and carried by
unanimous vote of the Council.
Mayor Pro-Tem Benson reconvened the meeting at 7:00 p. m. with no action announced from
Closed Session.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENT TO THE PROMOTION COMMii itt TO FILL THE VACANCY
CREATED BY THE RESIGNATION OF DON ALEXANDER (Continued from the Meeting
of March 12, 1992).
Councilman Crites moved to continue this item to the meeting of April 9, 1992. Motion wa,
seconded by Snyder and carried by unanimous vote of the Council.
B. APPOINTMENT TO THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY
COMML i i tt TO FILL THE VACANCY CREATED BY THE RESIGNATION OF
KAROL SCHOEN (Continued from the Meeting of March 12, 1992).
Councilman Crites moved to continue this item to the meeting of April 9, 1992. Motion was
seconded by Snyder and carried by unanimous vote of the Council.
C. PRESENTATION OF PLAOUES OF APPRECIATION TO DON ALEXANDER AND
ALEX YARON.
Mayor Pro-Tem Benson presented a plaque of appreciation to Don Alexander for his service
on the City's Promotion Committee for the last three years.
She noted that Mr. Yaron was not present at this meeting and that presentation of his plaque
would be done at the April 9, 1992, City Council meeting.
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MARCH 26. 1992
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D. COUNCIL PRESENTATION OF PLAQUE OF APPRECIATION.
Mayor Pro-Tem Benson presented a plaque of appreciation and a gift certificate for dinner
at Las Casuelas to thank them for putting on their annual St. Patrick's Day lunch for all of
the City's employees.
X V III. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN
FOR A 161-UNIT, SINGLE-FAMILY PROJECT ON 23 ACRES ON THE NORTH SIDE
OF FRED WARING DRIVE, 1400 FEET EAST OF COOK STREET, No. PP 91-12
(Sterling Partners, Inc., Appellant). (Continued from the Meeting of March 12, 1992).
Mr. Drell reviewed the staff report, noting that this matter had been continued from the
meeting of March 12, 1992, to allow the developer to continue discussions with the residents
of Waring Place relative to mitigation measures for this project. He said he had a copy of
a letter which he believed contained an agreement by those residents. He said in this letter,
the residents described what they wanted, and staff felt it was reasonable and would amount
to approximately $667 per unit extra cost on the project. It would provide additional safety
lighting along Fred Waring and Cook Street which would benefit the development. He
recommended that the letter dated March 23, 1992, be incorporated as conditions of approval.
Upon question by Council, Mr. Drell stated that the letter describing what the homeowners
want is actually the same letter the Council received at the last meeting.
With regard to the homeowners' request that the City never purchase the Palm Lake Village
apartment project, Mr. Drell said the language had been modified to read that the City would
not purchase it without first consulting with the Waring Place Homeowners' Association and
obtaining their consent. He said this condition would also be added to the resolution.
Mr. Drell stated that staff would recommend approval with those additional conditions as
outlined above. He added that staff is working on the program for the affordable housing and
the financing and would be back to Council in approximately one month with the details of
the entire ,,.,.s.dm.
Councilman Crites questioned the proposed lighting along the exterior and asked if those light
fixtures were acceptable and met the City's lighting ordinance. Mr. Drell responded that they
did meet the City's lighting ordinance. He said they would qualify as landscape decorative
lighting and are not subject to the dark skies ordinance.
Upon question by Councilmember Benson, Mr. Drell responded that the total cost of items
in the letter would be approximately $109,000 and that the money would be dispersed at
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various stages of the project as the work is contracted for. He added that Waring Place
would have the responsibility to do the work.
Councilman Snyder noted that the public hearing on this project had been closed at the March
12th meeting.
Councilman Crites moved to waive further reading and adopt Resolution No. 92-26, reversing the
Planning Commission denial and approving PP 91-12, subject to conditions and amended to include
conditions that have been agreed to by the Waring Place Homeowners Association and the developer.
Motion was seconded by Snyder and carried by unanimous vote of the Council.
B. REOUEST FOR CONSIDERATION OF PROPOSED PAYMENT BY THE PALM DESERT
REDEVELOPMENT AGENCY OF ALL OR PART OF THE VALUE OF THE LAND
FOR, AND THE COST OF INSTALLATION AND CONSTRUCTION OF, CERTAIN
PUBLICLY OWNED BUILDINGS IN THE CITY OF PALM DESERT.
Mr. Ortega reviewed the staff report, noting that the Redevelopment Agency had proposed
to pay for certain improvements within the City. He said these proposed improvements were
listed in Exhibit "A" of the staff report and included items such as rehabilitation of the El
Paseo Fire Station and the library on land owned by Desert Community Colleges District.
He noted that in order for the Agency to pay for these activities, the City Council must have
a public hearing to determine if there any are objections.
Mayor Pro-Tem Benson declared the public hearing zacn and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and she declared the public hearing closed.
Councilman Crites moved to waive further reading and adopt City Council Resolution No. 92-27,
approving the payment by the Palm Desert Redevelopment Agency for part of the value of the land for and
the cost of installation and construction of certain publicly owned buildings. Motion was seconded by
Snyder and carried by unanimous vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
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XX. ADJOURNMENT
Upon motion by Crites, second by Wilson, and unanimous vote of the City Council, Mayor Pro-
Tem Benson adjourned the meeting at 7:20 p.m.
ATTEST:
SHEILA R. GILLIGA1 , ITY CLERK
CITY OF PALM D T, CALIFORNIA
JEENSON, MAYOR PRO-TEMPORE
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