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HomeMy WebLinkAbout1992-09-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 10, 1992 CIVIC CENTER COUNCIL CHAMBER * * * * * * * • • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. IL PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson IH. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Mayor Pro-Tempore 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. Follows, ACM/Director of Public Works Carlos L. Ortega, ACM/Executive Director of Redevelopment Agency Paul Shillcock, ACM/Economic Development Director Paul Gibson, Finance Director/City Treasurer Pat Conlon, Building Director John Wohlmuth, Environmental Conservation Manager Dennis Coleman, RDA Accountant Wayne Ramsey, Acting Director of Code Compliance V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 13, 1992. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1992 * * * * * * * * • * * * • • * * * * * * * * * * * * • * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 7, 7A, 8, 9, 10, and 11. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (,193) by Virginia F. Dallas in the Amount of $1,755.53. Rec: Deny the claim and instruct the City Clerk to so advise the Claimant. D. CLAIM AGAINST THE CITY (#194) by Louise Chapple in the Approximate Amount of $6,500.00. Rec: Deny the claim and instruct the City Clerk to so advise the Claimant. E. CLAIM AGAINST THE CITY (//195) by Richard J. Solecki in the Amount of $372.34. Rec: Deny the claim and instruct the City Clerk to so advise the Claimant. F. RESOLUTION NO. 92-89 - 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. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. C06780 for Landscape Maintenance Services for the Waring Court Assessment District. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the Contract No. C06780. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Contract No. C06790 for Landscape Maintenance Services on Highway 111 and the Frontage Road. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Contract No. C06790. I. REQUEST FOR AUTHORIZATION for the Disposal of the Elgin Crosswind Street Sweeper. J. Rec: By Minute Motion: 1) Declare the Elgin Crosswind Street Sweeper excess k.."...ti; 2) authorize the City Clerk to advertise and call for bids for the sale of same. REQUEST FOR APPROVAL of Release of Subdivision Improvement Security for Precise Plan 87-1 (Tentative Tract 22805) Marriott Phase 2 Golf Course. Rec: By Minute Motion, accept the subject improvements as complete and authorize the City Clerk to release the improvement securities. 2 MINUTES REGULAR PALM DESERT• Y COUNCIL MEETING SEPTEMBER 10, 1992 * * * * * * • • * • * * * * * * * * * * * • * * • * * K. REOUEST_FOR APPROVAL of Release of Grading Security for Parcel Map 24794 (Toys R Us). Rec: By Minute Motion, accept the improvements as complete and authorize the City Clerk to release the grading securities for this tract. L. REOUFST FOR APPROVAL of Release of One -Year Maintenance Security for Tract 25304, Ken-Mor Enterprises, Inc., Applicant. Rec: By Minute Motion, approve the request and authorize the City Clerk to release the one-year maintenance security for Tract No. 25304. M. REQUEST FOR APPROVAL of Release of Improvement Security for Tract 23939, Mark Temple Construction, Applicant. Rec: By Minute Motion, approve the request and authorize the City Clerk to release the subject improvement securities for Tract No. 23929. N. REQUEST FOR APPROPRIATION of $800.00 for Balance on Seward Johnson Lease. Rec: By Minute Motion, appropriate $800.00 to Account No. 110-4418-414-3420 for payment of the balance of the Seward Johnson lease. O. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Sweeping Services for Presidents Plaza Parking Lots (Contract No. C06800). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. Councilmember Benson asked that Item D be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Crites, second by Snyder, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. DAN EHRLER, Palm Desert Chamber of Commerce, expressed appreciation to City Manager Bruce Altman and Assistant City Manager Paul Shillcock for acting as tour guides for the 4th Annual Palm Desert City Tour. He said this event was important to the Chamber because it was instructive and exciting for people to see what has been accomplished from the years before and to find out what was being planned for the future. MR. BARRY BARICZA addressed Council regarding a letter he had sent (on file and of record in the City Clerk's office) about the Sun Terrace project adjacent to his property in the Sandcastle development and said the homes would have back yards with 15 foot setbacks. He expressed 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1992 * * * • * s * * * * * * * * * * * * * * * * * * * * * * * * * * * concern that this would decrease his property values and asked why he was not notified when the developer was offered a variance to allow such small setbacks. He asked that Council review and answer questions raised in his letter. Mayor Kelly responded that staff would look into this matter and report back at the next meeting. Mr. Altman noted that he had met with Mr. Etaricza regarding this matter. He suggested that two Councilmembers and staff meet with Mr. Baricza to discuss his concerns. Council concurred. VII. RESOLUTIONS None VIEL ORDINANCES For Introduction: A. ORDINANCE NO. 690 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DELETING CHAPTER 8.08 OF THE MUNICIPAL CODE AND ORDINANCE NO. 684 PERTAINING TO THE POSTING AND GRADING OF RESTAURANTS AND ADOPTING RIVERSIDE COUNTY ORDINANCE NO. 492.7. Mr. Ramsey reviewed the staff report and recommendation. Councilman Wilson moved to waive further reading and pass Ordinance No. fl2Q to second reading. Motion was seconded by Benson and carried by unanimous vote. B. ORDINANCE NO. 691 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.24 OF THE MUNICIPAL CODE PERTAINING TO NOISE CONTROL. Mr. Ramsey reviewed the staff report, noting that the change was in the method of determining violations. Councilman Snyder moved to waive further reading and pass Ordinance No. f/21 to second reading. Motion was seconded by Benson and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 68t1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING TITLE 24, ENVIRONMENT AND CONSERVATION, AND ADDING CHAPTER 24.04, WATER EFFICIENT LANDSCAPE ORDINANCE, TO THE PALM DESERT MUNICIPAL CODE. Mr. Wohlmuth reviewed the staff report, noting that several changes had been made to the ordinance since its introduction. He recommended that it he. reintroduced and passed to 4 NENUTES REGULAR PALM DESERT fY COUNCIL MEETING SEPTEMBER 10, 1992 * * * * * * • * * * * * * * • * * * * * * * • * * * * * * * second reading. He stated that he would be working with the Coachella Valley Water District on two sample residential and commercial Water Efficient Landscape Documentation Packages to assist the developers or developers' consultants with plan preparation. He noted that the following wording should be added to Item B on Page 7 of the ordinance: "For commercial and multi -family developments, a copy of the landscape construction..." MR. ALAN LEVINE, Vice President, Sunrise Company, 42-600 Cook Street, stated that he had not had time to review the changes but had sent a letter to Mr. Wohlmuth relative to some typographical errors in the ordinance. He added that many times throughout the ordinance the word "should" is used as opposed to "shall", and he said he wanted to be sure of the intent of the ordinance. He expressed concern as follows: The ordinance places another burden of cost on the developer in having to hire a landscape architect to look over the shoulder of the landscape contractor who is putting in the things that are required. He asked for the deletion of the required certification of the licensed landscape architect. Having the ordinance apply to multi -family means having to deal with homeowner associations. He asked that this be eliminated because the individual owners are not known at the time of development. He also asked for deletion of the ownership certificate relative to maintenance of the project. Mr. Levine asked for a two -week continuance so that he could discuss concerns with staff. He also asked what the enforcement provisions were if the landscape is not maintained and where in the ordinance does it address the issue of the owner wishing to change the landscaping. Mr. Wohlmuth responded that the developer is required to develop a plan to maintain the project, and the City would review that plan. He said staff felt the owner should know what the developer has agreed to do in terms of the maintenance plan; if they then do not maintain it accordingly, he said the City could not go on private property, and it would be the same type of situation as with Toys R Us, with the City going to court. MR. ED KIBBEY commended Mr. Wohlmuth for his cooperation to date; however, he said he had not had a chance to discuss changes with him this week, and he asked for a two -week continuance of the matter. He said there were several major items of cost he felt were not really necessary, and he expressed concern with Section 24.04.150(A) relative to an irrigation audit. He said he felt this was an expensive redundancy because the plan must be submitted to the City and the CVWD and certified as having been installed. He agreed that an audit every five years is okay, but to audit something that has just been designed does not make sense. Councilman Wilson moved to continue this item to the meeting of September 24, 1992, and direct staff to further refine the document. Councilman Crites seconded the motion with the idea that what we are looking for is not to have something that is on the books and is not enforceable. Mayor Kelly called :or the vote, and it carried unanimously. 5 mr.t RE(;. 1_411 PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1992 * s • • s * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 689 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING CHAPTER 24.08 OF THE PALM DESERT MUNICIPAL CODE, TRAFFIC DEMAND MANAGEMENT REQUIREMENTS FOR SPECIFIED NEW DEVELOPMENT PROJECTS. Mr. Altman noted that this was introduced at the last meeting and that no changes had been made since first reading. Councilman Wilson moved to waive further reading and adopt Ordinance No. (2112. Motion was seconded by Crites. Mayor Kelly stated that he noticed this did not address golf cart parking. He suggested amending the ordinance as follows: Page 2, Item A - amend it to read "as well as public transit, bicycling, walking, or use of alternate clean air powered vehicles". Page 6, Item B - add "#4 - Golf cart facilities". Councilmen Wilson and Crites agreed to these amendments, and the motion carried by unanimous vote. IX. CONSENT ITEMS HELD OVER D. CLAIM AGAINST THE CITY (#194) by Louise Chapple in the Approximate Amount of $6,500.00. Rec: Deny the claim and instruct the City Clerk to so advise the Claimant. Following discussion in Closed Session, Councilmember Benson moved to, by Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. Motion was seconded by Crites and carried by unanimous vote of the Council. X. NEW BUSINESS - Benson. A. REOUEST FROM PALMER CABLEVISION OF A WAIVER OF CITY COUNCIL POLICY DEALING WITH THE USE OF CITY OF PALM DESERT FACILITIES. Mr. Altman reviewed the staff report, noting that the guidelines adopted by the Council prohibit profit -making organizations from using the facilities. Mrs. Gilligan added that the policy currently precludes staff from granting requests to use the facilities for a series of dates for any organization. Councilman Crites moved to, by Minute Motion, deny the request. Motion was seconded b!, 6 NELNI:TES REGULAR PALM DESERT IT COUNCIL MEETING SEPTEMBER 10, 1992 * * * * * * * * a * * ***** a a ******** ******* Mayor Kelly stated he could understand why we would not want to just schedule these meetings without a request each time. However, he said this company does have a franchise, and the City is deriving income from the organization, and he felt this was different from private companies that we do not derive income from. Councilman Wilson stated that when the facilities were built, it was with the idea that it belonged to the community, was not just a government building, and that it would be made available for the community to use. He said he realized the danger of setting a precedent due to the fact that we have other companies which have franchises with the City. He asked if there was a way to grant a conditional permit for perhaps six months, with the Council to review the matter to see if problems have been created and if additional requests are received from other organizations; at that time, the Council would reserve the option of saying yes, no, or modifying its earlier action. Councilman Snyder agreed with Wilson and said the request was to use the facilities just four times during the year for one hour each time. He agreed with a conditional approval as described by Councilman Wilson. Councilman. Crites withdrew his motion for lack of a second. Councilman Wilson moved to, by Minute Motion, grant the request on a conditional basis for one year, with Council to reevaluate the request at that time; if at any time during that one-year period problems develop (i.e., too many similar private organizations wanting to use the facilities that we cannot schedule them all), Council would have the option of reconsidering the request at such time as the problem arises. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Crites voting NO. B. INFORMATIONAL ITEMS 1. Palmer CableVision Update. Mr. Ortega noted that no cable complaints had been received for the period from August 1 through August 31, 1992. 2. Status Report of Multi -Agency Library. Mr. Diaz showed a rendering of the proposed location of the joint library, approximately 600 feet west of San Pablo. He said public library representatives were concerned with the location and felt it might be too far into the College of the Desert campus. He noted that the different parties involved were still working on the operational agreement. Councilman Snyder stated he did not agree with the location of the building and asked where the circular road would be located. Mr. Diaz responded that it would be to the west of the building so that public library users would be separated from the College students and would be encouraged to enter from the east side, with the students entering from the west. 7 NECCUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. TERRY GREEN, College of the Desert, stated that the County had expressed concern with the ability to design adequate and protected parking for the public. He said one option would be that people entering the parking lot from San Pablo would have to stop and would not be able to go through the College campus. He said the problem with moving the library closer to San Pablo was with the baseball fields; he said they were trying to keep the expense down by not having to move the baseball fields or lighting. Councilmember Benson said she felt the building should be moved closer to San Pablo to make it more of a City library and so that citizens visiting the facility do not feel intimidated by having to go on the College campus. She suggested having the two libraries joined by an arbor and have the public library building closer to San Pablo. Councilman Crites stated that when this facility was first discussed, it was to be located on the east side of San Pablo. It was then moved to the middle where San Pablo ended; now it is way back on the west side of San Pablo. He said he felt there was legitimate concern about the public r .....si-rUon of where the building is. He also asked whether the College people had considered the traffic problems if San Pablo is closed to College access. He added that this would leave all of the exiting east -bound traffic from the College with no signalized left turn onto Fred Waring. Mayor Kelly stated he would not vote for anything that far onto the campus. He said the citizens of Palm Desert need a library they can get to, and the Council owes it to the citizens to provide something that they will feel is their library. He noted that Council had not seen the letter from the County relative to its concerns and asked that staff provide copies. Councilman Wilson stated he felt we were dealing with a design issue and that all parties needed to get together with the architect. He said the design of the parking lot needed to be looked at so citizens do not feel they are driving onto the College campus. He asked that these things be worked out with the architect and that staff come back with a report when it can give Council something specific. Council concurred. 3. Mid -Valley Parkway Eastern Terminus Alignment Options. Mr. Folkers reviewed the report. He stated that the recommendation was that staff be directed to proceed with the recommended option #3 in the staff report in further analysis and studies currently under way. Council concurred. XI. CONTINUED BUSINESS None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1992 * • * * * * * • * * * * * • * * * * * * * • * * * * * * • * * XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF THE ANNEXATION OF PALM DESERT COUNTRY CLUB TO THE CITY OF PALM DESERT. Mr. Diaz reviewed the staff report, noting that the resolution requesting LAFC0 to take proceedings would be before Council at a public hearing on September 24, 1992. Councilman Crites stated that he had not received much of the material until shortly before this meeting and that he did not feel comfortable at this point with approving the four recommendations listed in the report. Councilman Wilson stated he had also not had a chance to read all of the material. Councilman Crites suggested that the Council adjourn this meeting to 3:00 p.m. on Thursday, September 24, 1992, prior to the next regular Council meeting for the purpose of discussing this matter. Mayor Kelly questioned the recommendation #4 dealing with undergrounding of utilities as well as curbs and gutters, sidewalks, etc. Mr. Altman responded that it would be an alternative if recommendations #1 through #3 did J not happen. Councilman Crites moved to continue this matter to the meeting of September 24, 1992, and direct staff to schedule a Study Session for 3:00 p.m. on September 24th to discuss this request and review additional information received. Motion was seconded by Wilson and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF A PRECISE PLAN OF DESIGN FOR A 479,000 SQUARE FOOT RETAIL COMPLEX ON 50 ACRES ON THE WEST SIDE OF HIGHWAY 111, SOUTH OF FRED WARING DRIVE, CASE NO. PP 92-5 (MANSUR- WILMOT, APPLICANT. Mr. Drell reviewed the staff report and summarized the Council Subcommittee's discussions concerning remaining issues for this project. Councilmember Benson noted that one of the things not discussed was golf cart parking, and she felt this should be addressed in the redesign to push the buildings back. Councilman Wilson asked whether it would be possible for Council to adopt the resolution but word it in such a way that the project can move forward but the committee would have the authority to work out some of the fine tuning of the project as well as concerns about the public art, etc. Mr. Erwin responded that this could be done. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1992 * * * * * * * * * * * * * * * * * * * * * * * * • * * * * * * * * * Mr. Drell suggested that the resolution be adopted to include the staff report as an exhibit, noting that items included in the report must be resolved to the satisfaction of the subcommittee. Councilman Wilson moved to waive further reading and adopt Resolution No. 92-B4, approving PP 92-5 subject to conditions and adding as an Exhibit to the resolution the staff report dated September 10, 1992, noting that these are items which need to be resolved to the satisfaction of the subcommittee, including golf cart parking and integration of public art in the plaza. Motion was seconded by Snyder and carried by a 4-1 vote, with Councilman Crites voting NO. C. REQUEST FOR APPROPRIATION OF FUNDS FOR THE PROPOSED REGIONAL BUSINESS ASSISTANCE CENTER. Mr. Shillcock reviewed the staff report, noting that Terry Green from College of the Desert would make a brief presentation. MR. TERRY GREEN addressed Council and stated that College of the Desert had attempted in the last several years to obtain grant funding for this type of facility. He reviewed the function of the Center, noting that the basic core of funding would come from cities in the Coachella Valley as well as agencies involved in economic development issues. He added that he had commitments from the cities of Rancho Mirage and La Quinta and the Riverside County Economic Development Agency, with tentative commitments from the cities of Indio, Palm Springs, Cathedral City, and Indian Wells. He said that any city participating at the $15,000 level would have a seat on the executive committee that would determine policy and procedures for operation of the Center. Councilman Wilson stated that he and Councilman Snyder had attended the Economic Development Committee meeting where this was presented and that he had found very enthusiastic support for the Center. Councilman Snyder asked what would happen if the Center was not able to get all of the cities to participate or less than half. Mr. Green responded that he would suggest that Council make its commitment contingent upon securing an adequate level of funding to start the Center at a full level of service. He added that in the event they could not secure that level, the City would not be obligated for those funds committed. Councilman Crites moved to, by Minute Motion, appropriate funds from the Unobligated General Fund Reserve at $15,000 a year for three years, contingent upon the Center securing adequate funding to start at a full level of service. Motion was seconded by Benson and carried by unanimous vote. ......... 10 Mrs1.-TES REGULAR PALM DESERT IT COUNCIL MEETING SEPTEMBER 10, 1992 * * * • * * * * • *-- * • • * * • * * • * * • • • * * • • * * * D. REOUFST FOR CONSIDERATION OF A 422-UNIT COUNTRY CLUB ON 344 ACRES AND CREATION OF A 20.4 ACRE PARCEL ADJACENT TO THE BIGHORN INSTITUTE - SOUTHEAST OF HIGHWAY 74 AND INDIAN HILLS WAY, CASE NO. TT 25296. PM 27501 (ALTAKIRA VENTURES, APPLICANT). Mr. Erwin stated that at its meeting of August 13, 1992, the Council directed staff to prepare a resolution approving the amended tentative tract map. He noted that the approval was with the deletion of the buffer. He stated that the resolution was in the packets, and he reviewed the changes to conditions of approval, noting that they were acceptable to both Altamira Ventures and the Big Horn Research Institute. He added that there was also a condition which required that a minimum of 62.5% of the project total acres shall remain in an undisturbed natural state. He stated that Council did not yet have the resolution in its final form but said he would get it to them. He suggested that the resolution be adopted with conditions. MR. JACK BECICER, AltaWest, stated that they would be renaturalizing some of the land with landscaping and rocks, and he asked that Council consider amending the resolution to allow for the minimum 62.5% of the project total acres to be undisturbed "or renaturalized". Mr. Erwin stated that "undisturbed" meant that the land was not touched at all. He said what Mr. Becker was suggesting was that it be undisturbed and/or returned to a natural state. Councilman Crites stated that when the Planning Commission adopted the Hillside Ordinance, it was with the intent that a minimum amount shall remain undisturbed; on top of that, there would be other percentages of the land that would be returned to its natural state. He said he felt approving Mr. Becker's request would change the intent of the Hillside Ordinance and set a precedent. Mr. Becker expressed concern that this might jeopardize the settlement agreement with the Big Horn Institute. Councilman Wilson moved to waive further reading and adopt Resolution No. 92-87, approving TT 25296 and PM 27501, to include revisions as noted by the City Attorney, including that a minimum of 62.5% of the project total acres shall remain in an undisturbed natural state. Motion was seconded by Snyder and carried by unanimous vote of the Council. With Council concurrence, Mayor Kelly recessed the meeting at 6:05 p.m. He reconvened the meeting at 7:10 p.m. XIIL REPORTS AND REMARKS A. CITY MANAGER None 11 MECCUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPT'EMBER 10, 1992 * * * * * s * * a, * * * * * * * * • * * * * * * * * * * * * * * * * B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Sections 54956.9 (a), Existing Litigation (Levald v. Palm Desert re: Indian Springs Mobilehome Park; Rancho Mirage Industrial Park v. City of Palm Desert; Palm Desert Greens v. Palm Desert, Shearson Lehman v. Palm Desert - Iowa Trust), (b), Threatened Litigation, and (c), Pending Litigation, and 54956.8, Property Acquisition (potential acquisition of r.,"-ty dealing with Portola Palms Mobile Home Park). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Appropriation of Funds for Joanna Hodges Piano Competition Fund Raiser - Mayor Richard S. Kelly. Mrs. Gilligan reviewed the staff report, noting that the Rome Chamber Orchestra would be giving a free performance in Palm Desert at the McCallum Theatre the evening of Sunday, October 25. She reviewed the different events, including the reception planned following the performance to meet members of the Orchestra. She said the request was that the City host the reception at a cost of approximately $1,200.00. In addition, she stated that the McCallum Theatre was requiring that the Orchestra provide two free performances the following day for school children. The Orchestra agreed; however, the Desert Sands School District does not have funds to bus children to the performance, and the organizing committee was requesting funding from the City of Palm Desert in the amount of $1,100 for school buses. She added that the total request was not to exceed $2,500.00. Councilman Benson moved to, by Minute Motion, appropriate an amount not to exceed $2,500 to Account No. 4418-414-3025 to assist the Joanna Hodges Piano Competition in its fund raising effort with the Rome Chamber Orchestra. Motion was seconded by Crites and carried by unanimous vote. 2. Consideration of the Establishing of an "Emergency Operating Center" at the Civic Center - Mayor Richard S. Kelly. Mayor Kelly stated he had visited the emergency centers for the County and Cathedral City and wondered if Council might wish to investigate the feasibility of setting up a separate emergency center in some of the empty space in the Civic Center buildings. Councilmember Benson said she felt this would be a great idea as long as we will be using furniture and space we already have. ............ 12 ............., MINUTES REGULAR PALM DESERT _ fY COUNCIL MEETING brie JuvIBER 10, 1992 * * • * * * • * • * * • * • • * • * * * * • * * * * * * • • Councilman Snyder moved to direct staff to look into this request, how much it would cost, and how it would be set up. Motion was seconded by Crites and carried by unanimous vote. 3. Consideration of a Request for City Participation in Youth To Youth Conference - Mayor Richard S. Kelly. Mayor Kelly noted that several individuals were available to explain the program and answer any questions. MS. JACQUELINE BETHEL, Coachella Valley Public Education Foundation, reviewed the letter sent to Mayor Kelly requesting the City's participation in the She said it would be held September 26, 1992, from 8:30 a.m. to 10:30 p.m. at the National Date Festival Grounds in Indio. She said the purpose of the Conference was to provide a commitment for the youth to be drug -free and to provide a drug -free community in our area. She said it was hoped the Coachella Valley youth attending the Conference would develop leadership skills to become role models for not only their peers but also their culture, their community, and their parents. She asked that the Council consider sponsoring one or more students to attend at a cost of $20.00 per student. She noted that the Foundation had been very involved with many "Say No to Drugs" programs and that an event was planned for October 24th with a running of a red ribbon beginning at the North Palm Springs Post Office and ending at the parking lot of Burns Brothers; she said she hoped the City would also participate in this event. She offered to answer any questions. MS. JANELL ESMERALDA added that they were trying to bring this to the Valley as a drug -free activity that would eventually roll from the one -day event into an Easter Break event that would become an annual four -day conference for drug -free activities during Easter break for the youth. She said this was a family grouping internationally of youth that are dedicated to living drug -free lives, encouraging their peers to do the same, and doing community service within their own communities. She noted that they had received donations of $100.00 from the City of Indian Wells and $500.00 from the City of La Quinta. Councilman *der moved, by Minute Motion, approve the City's sponsorship of five students. Motion was seconded by Wilson. Councilmember Benson suggested that Palm Desert sponsor 10 students. Councilman Snyder moved to, by Minute Motion, approve the City's Participation by sponsoring 10 students at $20.00 per student. Motion was seconded by Wilson and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPT'EMBER 10, 1992 * * * * * • * * * * * * • • * * * * * * * * • • * * * * • • * * * 4. Consideration of a Request from Certain El Paseo Merchants for a "Walk of Fame" Program - Councilman Walter H. Snyder. Councilman Snyder stated he had recently attended a meeting with merchants on El Paseo who were trying to find ways to increase interest on El Paseo. One of the suggestions from the meeting was to create a "Walk of Fame" where all of the stars who live here or have lived here would be put on the sidewalk. He said the question was whether the City would allow it; he had spoken with both the City Attorney and City Manager who felt there was no legal problem with the City allowing such a project. He said it was his understanding that the El Paseo Merchants Association would create a committee to look into the where, when, why and how much of this project. Councilman Crites moved to direct staff to work with the committee of El Paseo Merchants to assist them in their efforts to determine whether or not the project is feasible. Motion was seconded by Benson and carried by unanimous vote. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION See Reports and Remarks for Council discussion and action. XVI. ORAL COMMUNICATIONS - C MRS. RUTH GE:BERSON, 44-875 San Antonio Circle, submitted a petition protesting the commercial core area specific plan superblock concept and the existing superblock on Highway 111 and Portola (on file and of record in the City Clerk's Office). XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. pRESENTATION OF DISTINGUISHED CITIZEN AWARDS TO RICHARD HERRERA AND MICHAEL BLAICE FOR THEIR ACTS OF HEROISM IN TWO CRIME ACTIVITIES IN THE CITY OF PALM DESERT. Mayor Kelly and Mayor Pro-Tem Benson expressed the Council's gratitude and appreciation to these two citizens for their unselfish actions in two recent crimes in Palm Desert. They noted that Mr. Herrera had attempted to stop a robbery on El Paseo and had been injured in that circumstance; Mr. Blake, who is a driver for Sparkletts Water, had pursued and caught a bank robber. 14 MINUTES REGULAR PALM DESERT _ Y COUNCIL MEETING 6 tgr 'LASER 10, 1992 • * • • • • • • • • • • —• • * * * * * • • • • * • • -• • • • • • * • Sheriff Lt. Gayle Janes also presented the Sheriff Gold Star Awards to both of these citizens and expressed the Sheriff's Department appreciation for their efforts as well. B. pRESENTATION OF PLAQUE OF APPRECIATION TO MR. KURT SIPOLSKI FOR HIS SERVICE ON THE CITY'S PROMOTION COMMITTEE. Mayor Kelly presented a plaque to Mr. Sipolski and thanked him for his many years of service to his community as a member of the Promotion Committee. C. CONSIDERATION OF TO VARIOUS CITY COMMITTEES AND COMMISSIONS. Councilmember Benson moved to, by Minute Motion, appoint Mr. Randall White to the Planning Commission to fill the vacancy created by the expiration of term of Mr. Jim Richards. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Wilson ABSTAINING. Councilman Snyder moved to continue the appointments to other City Committees and Commissions to the meeting of September 24, 1992. Motion was seconded by Crites and carried by unanimous vote. D. CONSIDERATION OF APPOINTMENT OF A CITIZEN REPRESENTATIVE TO THE INVESTMENT COMIvu I L rm. .• Councilman Crites moved to, by Minute Motion, appoint Mr. Murray Magloff to a one-year term on the Investment Committee, said term to commence September 1, 1992. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Snyder ABSTAINING. XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Member Wilson moved to adjourn to Closed Session at 7:50 p.m. pursuant to Government Code Sections 54956.9(a), Existing Litigation (Levald v. Palm Desert re: Indian Springs Mobilehome Park; Rancho Mirage Industrial Park v. City of Palm Desert; Palm Desert Greens v. Palm Desert, Shearson Lehman v. Palm Desert - Iowa Trust), (b), Threatened Litigation, and (c), Pending Litigation. Motion was seconded by Snyder and carried by unanimous vote. 15 REG t 1_ R PALM DESERT CITY COUNCIL MEETING SEPTEMBER 10, 1992 * • • • • * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly reconvened the meeting at 9:07 p.m. Upon motion by Crites, second by Benson, and unanimous vote of the Council, Mayor Kelly adjourned the meeting to 3:00 p.m. on Thursday, September 24. 1492. ATTEST: , SHF.ILA R GI AN, CITY LERK CITY OF PALM DESERT, ALIFORNIA RICHARD S. KELLY, MAYOR 16