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HomeMy WebLinkAbout1992-09-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 24, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman S. Roy Wilson HI. INVOCATION - Mayor Pro-Tempore Jean M. Benson IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder (arrived at 4:13 p.m.) 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 Gregg Holtz, Acting 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 Frank Allen, Director of Code Compliance Dave Millheim, Human Resources Director V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 10, 1992. Rec: Approve as presented. REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 * * * • * * * * * * • * * • * • * * * * * * * * * * * * * * * * * * * * * * B. CLABLJAND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 12 and 12A. Rec: Approve as presented. C. ERE LIMINARY $CHEDUL OF INVESTMENTS as of August 31, 1992. Rec: Receive and file. D. RESOLUTION NO. 92-90 - 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 (August 1992). Rec: Waive further reading and adopt. E. RESOLUTION NO, 92-91 - A Resolution of the City Council of the City of Palm Desert, California, Supporting the Healthy Cities Concept and Indicating the Intent to Continue to Participate. Rec: Waive further reading and adopt Resolution No. 92-91, supporting the Healthy Cities Project and approving the City of Palm Desert's reapplication for 1992-93 designation. F. REQUEST FOR AWARD OF BID for Production of the City's 1993 Community Calendar (Contract No. C06760). G. Rec: By Minute Motion, award the bid for production of the City's 1993 Community Calendar to Touch 2 in the amount of $18,321.00 plus 10% contingency. LL/ irz FROM EL PASEO BUSINESS ASSOCIATION BOARD Advising of Automatic Resignation of Joan Towne from the Board. Rec: Accept with sincere regret. H. REQUEST FOR APPROVAL of State of California Cooperative Agreement for Design of I-10 and Cook Street Interchange (Contract No. C06850). Rec: By Minute Motion, approve the cooperative agreement (CalTrans #11-0459) between the City, as Lead Agency, and the State of California and authorize the Mayor to execute said agreement for the design phase of the I-10 and Cook Street Interchange development. 2 r Lis I REGULAR PALM DESERT cm, COUNCIL MEETING SEPTEMBER 24, 1992 * * * * * * * • * * * * * * * * * * * * * * * * * * • * * • * * * * * I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Maintenance of the Sports Complex, Library, and Historical Fire Station (Contract No. C06860J. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the maintenance of the Sports Complex, Library, and Historical Fire Station. J. REOUEST FOR UPROVAL of Final Tract Map 26123-1 (Sunrise Company, Applicant). Rec: Waive further reading and adopt Resolution No. 92-92, approving Tract Map No. 26123-1. K. REQUEST FOR AWARD OF CONTRACT for Design Consultant for Traffic Signal at Country Club and San Tropez/Suncrest (Contract No. C06870). Rec: By Minute Motion, award Contract No. C07860 to DKS Associates for the design of the traffic signal at the intersection of Country Club and San Tropez/Suncrest in the amount of $8,530.00, plus a 10% contingency of $850.00, an authorize the Mayor to execute said agreement. L. REQUEST FOR APEROVAL of Contract for Preparation of the City of Palm Desert Regulation XV Trip Reduction Plan (Contract No. C06880). Rec: By Minute Motion: 1) Authorize the Mayor to enter into an agreement with Creative Energy Services, Inc. in an amount not to exceed $2,500.00 for the preparation of the City of Palm Desert Regulation XV Trip Reduction Plan, 2) appropriate $2,500.00 from Fund 238, AB2766 City Funds. M. CONSIDERATION OF REQUEST from Palmer Cablevision for Rescission of Resolution No. 91-74 Approving Transfer of the Franchise to Palmer Cable Associates and Adoption of a New Resolution Approving the Transfer of the Franchise to Colony Cablevision of California. Rec: Refer to staff for report and recommendation at the meeting of October 8, 1992. Councilman Wilson removed Items F, L, and M for further discussion under Section IX of the Agenda. Upon motion by Crites, second by Benson, the Consent Calendar was approved as presented by a 4-0-1 vote, with Councilman Snyder ABSENT. VI. ORAL COMMUNICATIONS - A MISS ANNE MARIE AGUILAR introduced the Varsity Songleader squad from Palm Desert High School. She stated that they had qualified for the national competition to be held in Orlando, Florida, which would be telecast on ESPN. She noted that the cost would be approximately $5,000 3 ANUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 * * * • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * for all eight girls to attend the competition to represent not only the City but also the Palm Desert High School and the State of California. She asked for Council's assistance in funding the trip. Upon question by Mayor Kelly, Miss Aguilar responded that they had not yet asked the cities of Indian Wells and La Quinta for assistance. NOTE: Councilman Snyder entered the meeting at 4:13 p.m. Mr. Altman suggested that the members of the squad put their request in writing and submit it to the Finance Director to be considered by the Outside Agency Contributions Committee. Councilman Wilson added that this might be something for the Promotion Committee to also look at to see if they can get involved in the promotional part of the trip. Council concurred. With Council concurrence, Mayor Kelly suspended the remainder of the Agenda at this point in order to consider Item A of New Business dealing with annexation of Palm Desert Country Club to the City of Palm Desert (see that portion of the Minutes for Council discussion and action). VII. RESOLUTIONS A. RESOLUTION NO. 92-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE ORGANIZATION, OBJECTIVES, AND RESPONSIBILITIES OF THE PALM DESERT SISTER CITY Mr. Altman noted the staff report in the packets and stated that Mr. Wohlmuth was available to answer any questions. Councilman Crites questioned the length of term being set at two years and said that most of the terms for most of the City's committees and commissions were either three or four years. Mr. Wohlmuth responded that staff had originally recommended indefinite terms, but the committee felt there should be a specific length set and recommended two years. He added that it was his understanding that there was not a strong feeling about two years as opposed to three or four years and that he did not think there would be a problem if the length was changed. Mrs. Gilligan noted that most of the City's committees have terms of three years, v.hile commissions are four-year terms. Councilman Crites moved to waive further reading and adopt Resolution No. 92-93, amended to change the terms of members to three years. Motion was seconded by Benson and carried by unan:us vote of the Council. 4 REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 * • * • * * * * * * * * * * • * * * * * * * * * * * * * * • * * * * * VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCB NO. 6 - 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. Altman recommended that Council continue this item to the meeting of October 8, 1992, to allow Mr. Wohlmuth additional time to work on the ordinance. Councilman Crites moved to continue this matter to the meeting of October 8, 1992. Motion was seconded by Snyder and carried by unanimous vote. B. 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. Altman noted no changes had been made to this ordinance since its introduction, and he recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 629. Motion was seconded by Snyder and carried by unanimous vote. C. 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 Altman noted no changes had been made to this ordinance since its introduction, and he recommended adoption. MR. HARRY ARMSTRONG, President of Shadow Mountain Golf Club, read a prepared statement (attached hereto and made a part hereof as Exhibit "A") requesting that council consider amending the Municipal Code and adopting a separate ordinance relative to noise on golf courses. Mayor Kelly responded that this would have to be referred to staff for review and recommendation. 5 MINUTES REGULAR PALM DESERT. CITY COUNCIL Nust, I triG SEPTEMBER 24, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to continue this item to the meeting of October 22, 1992, and direct staff to review the letter submitted by Mr. Armstrong and report back at that meeting. Motion was seconded by Crites and carried by unanimous vote of the Council. IX. CONSENT ITEMS HELD OVER F. REQUEST FOR AWARD OF BID for Production of the City's 1993 Community Calendar (Contract No. OEM). Councilman Wilson commended staff for getting a low bid for this year's calendar. However, he said he was going to vote against it because he did not feel the City should be spending this kind of money with the current economy. He added that if the request is approved, he would like for the committee to correct the listings of political offices and make sure they are in the correct order; i.e., not listing the United States Senator after the California State Assembly representative. Councilmember Benson expressed concern with the low bid of the firm being recommended by staff. She stated that in the last several years we had spent $25,000 to $30,000, and she wanted to be sure we end up with a really nice calendar since 1993 marks the City's 20th anniversary. Mayor Kelly responded that each of the firms had submitted examples and that the committee had really liked that submitted by Touch 2. He said that he felt the City would get a better quality of calendar than ever before. General Services/Purchasing Officer Larry McAllister added that he would be meeting with Mr. Mueller of Touch 2 on Friday, with the full committee to meet with him some time next week. He said he would be checking with him and asking about who will actually be doing the printing, binding, etc. Councilmember Benson said she would also want to make sure the price quoted is a firm price and that no change orders would have to be done. Councilman Crites moved to, by Minute Motion, award the bid for production of the City's 1993 Community Calendar to Touch 2 in the amount of $18,321.00 plus 10% contingency. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Wilson voting NO. 6 REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 * * * * * * * * * * * * * * * * * * * * * * I * * * * * * * * * * * * L. REOXIEST FOR APPROVAL of Contract for Preparation of the City of Palm Desert Regulation XV Trip Reduction Plan (Contract No. C06880). Rec: By Minute Motion: 1) Authorize the Mayor to enter into an agreement with Creative Energy Services, Inc. in an amount not to exceed $2,500.00 for the preparation of the City of Palm Desert Regulation XV Trip Reduction Plan, 2) appropriate $2,500.00 from Fund 238, AB2766 City Funds. Councilman Wilson stated that he would vote in favor of this request but, as a member of the South Coast Air Quality Management District Board, asked that he be kept advised of the progress of the plan to see if there is any way the District can provide guidance and perhaps also keep down some of the consultant costs. Councilman Wilson moved to, by Minute Motion: 1) Authorize the Mayor to enter into an agreement with Creative Energy Services, Inc. in an amount not to exceed $2,500.00 for the preparation of the City of Palm Desert Regulation XV Trip Reduction Plan, 2) appropriate $2,500.00 from Fund 238, AB2766 City Funds. Motion was seconded by Crites and carried by unanimous vote. M. CONSIDERATION OF REQUEST from Palmer Cablevision for Rescission of Resolution No. 91-74 Approving Transfer of the Franchise to Palmer Cable Associates and Adoption of a New Resolution Approving the Transfer of the Franchise to Colony Cablevision of California. Rec: Refer to staff for report and recommendation at the meeting of October 8, 1992. Councilman Wilson stated he would vote in favor of this request but asked if staff could explore the possibilities of getting some kind of agreement to cooperate in the new franchise when it is transferred. He said there had been many problems with the old company and disagreements about the interpretation of the Cable Act, etc. He felt there should be some kind of meet and confer process to discuss changes instead of having the cable company arbitratily going forward and making changes in such things as rates and station locations. Councilman Crites questioned whether the City would have the ability when the transfer occurs to ask for changes within the franchise agreement. He added that his bill for cable service includes charges for three months down the road, which he did not feel was right. Councilman Wilson added that one of the changes that he did not think the City knew about beforehand was that apartment owners of ten units or less are being billed for each individual unit, while those with 11 units or more are charged one fee. He suggested referring the matter to staff with a request to look into these types of things. Mr. Ortega responded that apparently Palmer is going and working out agreements A landlords, which is contrary to the franchise agreement. He added that a copy of ore • agreement had been secured and that legal counsel was reviewing it. 7 .‘11NL 1 f...S REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 ************************** a **a a ******* Councilman Wilson moved to, by Minute Motion, refer this matter to staff for report and recommendation at the meeting of October 8, 1992, with direction to look into issues discussed during the meeting. Motion was seconded by Crites and carried by unanimous vote. X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF VARIOUS ACTIONS IN CONNECTION WITH SIERRA NOVA ASSESSMENT DISTRICT. Mr. Ortega reviewed the staff report, noting that this was part of the process of forming the assessment district. He stated that a summary of what was being funded was included on page 4 of the engineer's report. Councilman Crites expressed concern that there be some way to guarantee that no one who purchases a home here will ever be able to come to the City and say they did not know about the assessment district, as has happened in the past with other districts. He suggested that some type of statement be prominently displayed on the disclosure papers when someone purchases a home that they would be required to sign off that they know about the district. Upon question by Mayor Kelly as to whether or not a public hearing will be required each year for this assessment district, Mr. Erwin responded that he did not believe there would have to be a public hearing; however, it will be an item on the Agenda each year. Councilman Snyder expressed concern with the safety of the bonds and said he had read in the Wall Street Journal where some of these bonds have gone bad because the development itself was a questionable development from the beginning. He said he hoped we would exercise due caution in this particular case to make sure we work together to create the bond issue. Mr. Erwin stated that the process in the ones we have done in the past has been that we get our own experts, have them go through and make an analysis, and provide us with their best evaluation of whether it is within the acceptable margins, total tax rates, and the probability of success. Mr. Ortega reviewed the procedure, noting that an appraisal is done to make sure that the improvements have a certain lien to value ratio; in this case, the costs are $2.3 million, and the value of the property must be more than three to one. He said the bondholders (investors) buy these bonds knowing that the value exists in the property. He said the official statement includes a paragraph that this is not a debt of the City, that the City is not responsible for paying the debt, the City is the issuer, and the bondholders' only recourse is to the property. He said the underwriter, who buys the bonds from the City and sells them to the investors, also has to make sure that the value is there so the bondholders can be paid in case of a default. He added that projects in the City of Palm Desert have historically been very strong. 8 REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEM13ER 24, 1992 a * * * * * * * * ******* **** * * * * * * * * * * * * Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 92-94, declaring intent to order acquisitions for proposed Assessment District No. 92-1 (Sierra Nova) pursuant to the Municipal Improvement Act of 1913 and to comply with the requirements of Division 4 of the California Streets and Highways Code by proceeding under Part 7.5 thereof, 2) waive further reading and adopt Resolution No. 92-95, approving the Report of the Engineer in connection with Assessment District No. 92- 1 (Sierra Nova) and appointing a time and place for hearing protests. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. REQUEST FOR CONSIDERATION OF AGREEMENT (NO. C06890) FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE (11/01/92 - 10/30/97). Mr. Altman stated that subsequent to posting of the Agenda he had received a call from the finance director for the County of Riverside asking that the matter be continued for two weeks so that the Chief Executive Officer could meet with him. Councilman Crites moved to continue this matter to the meeting of October 8, 1992. Motion was seconded by Wilson and carried by unanimous vote. Councilman Wilson asked whether five-year agreements had been approved in the past. Mr Altman responded that they had but that the difficulty with this particular agreement was that the County had included language relative to charging the City for booking fees. C. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega stated that he had received information from Administrative Assistant Ray Janes relative to status of the cable bill and that the Mayor would be sending a letter to the Congress asking them to override the President's veto of that bill. 2. Status of Multi -Agency Library. Mr. Diaz reported that a meeting was held on Friday and that additional drawings would be done to relocate the library closer to San Pablo and to have the circulation route remain open. He added that Mr. Ortega would be writing the final agreement and that the plans would be before Council at its meeting of October 22, 1992. 3. Report on Superblock III Project (Highway 111 at Sage Lane). Mr. Holtz reviewed the report and offered to answer any questions. 9 NIL'S L TES REGULAR PALM DESERT CITY COUNCEL MEETING SEPT'EMBER 24, 1992 * * * * • • * * * * * * * * * * * * * * * * * * * * a * a * * * a * * * * * XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF THE ANNEXATION OF PALM DESERT COUNTRY CLUB TO THE CITY OF PALM DESERT (Continued from the Meeting of September 10, 1992). Mr. Altman noted that the Council had discussed this at length during the 3:00 p.m. Adjourned City Council meeting this afternoon. He said staff s recommendation was to direct staff to proceed with annexation only upon the following conditions: 1) The establishment of Redevelopment Project Area No. 4, 2) securing 50% of the County share of property tax, 3) receiving funds generated in the area by the Supervisorial Road District and County Service Area No. 26, 4) if needed, look at the establishment of a Mello -Roos district to provide for additional improvements. Councilman Wilson stated he agreed with the first three recommendations; however, he felt we would be spinning our wheels with condition #4 in view of our other attempts to establish such districts in areas less densely populated. Councilman Wilson moved to, by Minute Motion, direct staff to proceed with annexation only upon the following conditions: 1) The establishment of Redevelopment Project Area No. 4, 2) securing 50% of the County share of property tax, 3) receiving funds generated in the area by the Supervisorial Road District and County Service Area No. 26, 4) if this cannot be accomplished and staff feels a Mello -Roos district is necessary, staff shall place this on a City Council Agenda for consideration and public comment. Motion was seconded by Snyder and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF RETIREE HEALTH CARE PROGRAM COST REPORT. Mr. Millheim reviewed the staff report, noting an error in the way the report read relative to Medicare. He said Medicare is primary insurance if there is not group health insurance available or if the spouse of someone not covered by group insurance is not working. If there is group health insurance available, either through a retiree plan or through a spouse being insured and the retired employee being listed as a dependant, then Medicare is not primary. He stated that Paragraph "E" on Page 11 should be added to the general provisions section of the resolution. He added that staff was continuing to recommend a plan with 50% contribution by the City and the other 50% to be paid by the retired employee. In addition, staff was recommending a sinking fund of $200,000 from general reserves. He offered to answer any questions. Councilman Snyder commended Mr. Millheim and the committee for their efforts in putting together an excellent program that will ensure that the City will be able to retain its employees. - 10 REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 *********** ************* ************ Councilmember Benson expressed concern with the lack of a Medigap option, especially with so many of the City's employees being maintenance workers who may not be able to pay the premium. She felt it as important to include this as an option if they so chose. Upon question by Councilman Wilson, Mr. Millheim distributed a Medigap fact sheet (attached hereto and made a part hereof as Exhibit "C"). Councilman Crites agreed with Councilman Snyder's comments in terms of the work done on this and the clarity of the report. He asked whether the Principal company would have the option of coming back in a year or so and telling us that the minimum of our contribution is no longer 50% but instead is 60% or 75% or whatever. Mr. Millheim responded that it could do so but that he would consider it an unlikely situation. If they did, however, the City could go out and get a new provider, and he said the ability to do that has been built into the resolution. Councilman Crites questioned the letter on page 21 of the staff report which discussed "substantial financial impacts to the future cost..." He asked what this meant. Mr. Altman responded that at the time the letter was written, we were at the 100% level and did not have a sinking fund. Councilman Wilson stated that he was skeptical of this plan when it was first proposed. He complimented Mr. Millheim on an outstanding amount of research and the very clear and understandable report. Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 92-96, amending Resolution No. 92-55 as it relates to a retiree health care program, amended to include additional language in the general provisions section of the program outline dealing with a national health care program, 2) by Minute Motion, establish a retiree health care sinking fund of an initial $200,000 from the General Fund Unobligated Reserves, 3) direct staff to explore the pros and cons, including costs, of an additional medi-gap option in order to give employees a choice of health care plans at time of retirement. Motion was seconded by Snyder and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Cove Communities Fire Commission Amendment No. 4 (Contract No. C03160). Councilman Crites moved to add this to the Agenda for discussion as an item which came up after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, approve the amendment and authorize the Mayor to execute same. Motion was seconded by Snyder and carried by unanimous vote. 1 1 • A-1.. L. REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEND3ER 24, 1992 ***as** a **************** *** *********** B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9(a), Existing Litigation (Rancho Mirage Industrial Park v. Palm Desert re: Annexation #30; Save -Most v. Palm Desert re: Cook Street Undergrounding; Rojo v. Rancho Mirage and Palm Desert), (b), Threatened Litigation, and (c), Pending Litigation. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Request from The Friends of the Environment for City Support for the Listing of the Peninsular Big Horn Sheep (Councilman Buford A. Crites). Mr. Mark Glassman addressed the Council and read the letter from the Friends of the Environment dated September 16, 1992, requesting a resolution in support of the listing of the Peninsular Big Horn Sheep as an endangered species pursuant to the provisions of the Endangered Species Act of 1973 as Amended (attached hereto and made a part hereof as Exhibit "B"). Mr. Ken Glassman spoke as President of the Friends of the Environment and offered to answer any questions. He said the sheep were a symbol of the entire Valley and that the organization was trying to create public awareness of them. Upon question by Councilman Wilson relative to impact of such a listing on the area, Mr. Glassman responded that he did not believe there would be any impact due to the stringent hillside ordinances of the cities involved. Councilmember Benson moved to waive further reading and adopt Resolution No. 92-98, in support of the listing of the Peninsular Big Horn Sheep as an endangered species and directed the Mayor to send a letter of support to the U.S. Fish & Wildlife Service. Motion was seconded by Wilson and carried by unanimous vote. 2. Request for Consideration of the Crest project (Miller). Councilman Crites stated that he and Councilmember Benson had met earlier in the day with the owner and developer of the proposed Crest project; he said he wished to place this item on the Agenda for Council to consider the authorization of an appraisal of that land. Councilmember Benson moved to add this to the Agenda as an item that came up after the Agenda was posted. Motion was seconded by Crites and carried by unanimous vote. 12 REGULAR PALM DESERT CITY COUNCIL NIEETING SEPTEMBER 24, 1992 * * a a * * * * * * * * * * * * * * • * * * * • * * * * * a * * * * * * Councilman Crites stated this project would be before the Planning Commission next month. He said there was a recent article in the Desert Sun newspaper about hillside development in which the Millers expressed a desire to potentially sell the property, and he said in order to find out whether or not that would be feasible, an appraisal was necessary to determine the worth of the property. He asked that the City Manager be authorized to look at an appraisal of the property aside from the appraisal that the developer has on that piece of property. Upon question by Councilman Wilson, Crites responded that he was thinking the City might wish to purchase the property. Councilmember Benson moved to, by Minute Motion, authorize staff to obtain an appraisal of the Crest property in an amount not to exceed $2,500.00. Motion was seconded by Crites and carried by unanimous vote. 3. Councilman Crites stated that some issues from the joint Palm Desert/Rancho Mirage meeting today were the bikeway, Monterey Avenue, Walmart, either yes or no on an environmental impact report, etc. He asked that staff prepare a report for the next meeting about where we are on those issues. Council concurred. 4. Out of State Travel to Tucson Councilmember Crites moved to add this to the Agenda as an item which arose after the Agenda was posted. Motion was seconded by Wilson and carried by unanimous vote. Mayor Kelly reviewed the memorandum from Paul Gibson, noting that several Councilmembers and staff had recently traveled to Tucson to look at various golf courses which are well designed and landscaped and which would really fit in with the Palm Desert environment. He said he now wanted to take the City Manager and Community Development Director to look at them. He added that Councilman Wilson had expressed an interest in going but now was unable to do so because of another commitment. He requested approval for a total of four staff and/or Councilmembers to take this trip. He added that one of the courses they would see was a Jack Nicklaus designed golf course with drought tolerant landscaping similar to the Highway 111 median landscaping. Councilmember Crites moved to, by Minute Motion, approve the request for a total of four staff and/or Councilmembers to travel to Tucson on October 23, 1992, to visit several golf courses which use 'rought tolerant landscaping. Motion was seconded by Benson and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Crites noted an article he had distributed earlier in the week regarding public art in Riverside County. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEE-TING SEPTEMBER 24, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Councilman Crites distributed information from the last Chamber of Commerce meeting relative to giving local jobs to local businesses and also a memorandum from Chamber Executive Vice President Dan Ehrler to the Board regarding proposed implementation of a Retail Committee (attached hereto and made a part hereof as Exhibit "D"). 3. Councilmember Benson noted that invitations had been sent out for the Child Care Consortium fund raiser which will be held the first night of the League of California Cities meeting. She said the Building Industry Association had come forward and offered this fund raiser for the Consortium, and she asked that the Council encourage their friends to attend this event since they themselves will be unable to go. 4. Councilman Wilson asked that the Council meet at 6:45 p.m. in a brief study session to discuss the proposed appointments to the various committees. Council concurred. 5. Councilman Wilson stated that when he was at the League of California Cities meeting in Monterey this summer, another city in the Bay Area had a special session dealing with sister cities. He said they had just adopted a sister city that was was actually a sovereign Indian nation in northern California. He said the idea was to culturally exchange with that nation ideas and at the same time give prominence to the fact that these Indian nations do indeed have sovereignty. He said he would like to pursue this as an idea and take it through the Sister City Committee. Mayor Kelly stated he did not see any problem with exploring this. Councilman Wilson added that he would try to come up with some ideas and take it through the appropriate channels and then bring the idea back in a more crystallized form. He noted he was not thinking about adopting a nearby nation and that he would work with staff on this. Council concurred. XIV. ORAL COMMUNICATIONS - B None Upon motion by Snyder, second by Crites, and unanimous vote of the Council, Mayor Kell recessed the meeting at 6:00 p.m. for dinner. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 14 MINUTES REGULAR PALM DESERT —TY COUNCIL MEETING SEPTEMBER 24, 1992 * * * a * * * * * * * _ * * * * * a * * * * * • * * * a * * * a * a * XVI. ORAL COMMUNICATIONS - C None XVII AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE EL PASEO BUSINESS IMPROVEMENT AREA BOARD TO FILL VACANCY CREATED BY THE RESIGNATION OF JOAN TOWNE. Councilman Crites noted that the El Paseo Business Improvement Area Board had indicated a desire to remove from the Consent Calendar the item dealing with the resignation of Ms. Joan Towne. Since Council had already taken action to accept the resignation, staff felt the simplest way to accomplish this would be to reappoint her to the Board. Councilman Crites moved to, by Minute Motion, reappoint Ms. Joan Towne to the El Paseo Business Improvement Area Board (term to expire June, 1994). Motion was seconded by Wilson and carried by unanimous vote. B. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. JIM RICHARDS FOR HIS SERVICE ON THE CITY'S PLANNING COMMISSION. Mayor Kelly noted that Mr. Richards was not present at the meeting to receive his plaque and that this item would be placed on the next Council agenda. C. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. DAN EHRLER FOR HIS EFFORTS ON BEHALF OF THE CITY AS EXECUTIVE VICE PRESIDENT OF THE PALM DESERT CHAMBER OF COMMERCE. Mayor Kelly presented Mr. Ehrler with a plaque of appreciation on behalf of the staff and City Council. Councilman Crites presented several Palm Desert items, including T-shirts, a video, and a photo album of people at the City who worked with Dan over the years. Mayor Pro-Tem Benson also presented Mr. Ehrler with a framed copy of the Council Chamber mural and said that the framing was a gift from Patrick Scluvben of FastFrame. Everyone thanked Mr. Ehrler for his efforts on behalf of the citizens and his community and said he would be missed by all. D. CONSIDERATION OF ANNUAL APPOINTMENTS TO VARIOUS CITY COMMITTEES AND COMMISSIONS. Councilman Crites moved to, by Minute Motion, appoint the following individuals to the Architectural Review Commission: 1) Mr. Richard O'Donnell to fill the unexpired term of Kirby Warner, 2) Mr. Wayne Connor to fill the expired term of Mr. Ron Gregory, 3) Mr. Ron Gregory as the new alternate member to fill Mr. Wayne Connor's unexpired term. Motion was seconded by Benson and carried by unanimous vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 * * * * * * * * * a * • * * * * * * * * * * * * * a * * * * • * * * s * * * Councilman Crites moved to, by Minute Motion, appoint Mr. Dennis Chappel to the Building Board of Appeals & Condemnation to fill the expired term of John Marzicola. Motion was seconded by Snyder and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, appoint the following individuals to the Civic Arts Committee: 1) Reappoint Ms. Mary Patricia Martin and Mr. James Struck to new, three-year terms, 2) Ms. Sharon Spiegel to fill the expired term of Col. Alvin Mark, 3) Mr. Earle Stone to fill the expired term of Ms. Julie Bornstein, 4) Ms. Kimberly "Sloane" Halloran to fill the expired term of Professor Frederick Thon, 5) Professor Frederick Thon to serve as project coordinator for the ethnic art program and also to serve as the first Member Emeritus of the Civic Arts Committee. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites moved to, by Minute Motion: 1) Reappoint Mr. Robert Royer to a second term on the Parks & Recreation Commission, 2) Interview Mr. Paul Beatty, Ms. Patricia McLarand, Mr. David Esslinger, and Ms. Donna Peat, and consider these four individuals as well as Mr. Diane Cox, who was previously interviewed, to fill the unexpired term of Mr. Randall White. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, appoint Rev. Brad Hall to a three-year term on the Sister City Committee. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites moved to, by Minute Motion: 1) Reappoint Mr. Paul Campbell to a second term on the Promotion Committee, 2) reappoint Mr. Steve Warsh to a second term on the Promotion Committee, 3) leave the remaining seat vacant and look for a representative from other retail areas in the City to strengthen that component, and direct staff to advertise for people with that background to fill the vacancy. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, appoint Mr. Michael Zakian, Assistant Art Curator for the Palm Springs Desert Museum, to the Art -In -Public -Places Committee. Motion was seconded by Benson and carried by unanimous vote of the Council. Councilman Wilson moved to, by Minute Motion, appoint Mr. Ed Mullins to the Economic Development Advisory Committee to replace Mr. George Berkey. Motion was seconded by Crites and carried by unanimous vote of the Council. - 1 4 ILN4 1, 1 LS REGULAR PALM DESERT r"TY COUNCIL NEEETENG SEPTENTBER 24, 1992 * * • * * * * * * *a** * * * * * * * * * * * * * * * * * * * • * * XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF RESOLUTION REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE CHANGE OF ORGANIZATION KNOWN AS PALM DESERT ANNEXATION NO. 29 (AREA SOUTH OF COUNTRY CLUB DRIVE, NORTH OF FRED WARING DRIVE, AND WEST OF WASHINGTON STREET). Mr. Altman noted that this resolution was related to the earlier Council action under Continued Business. He recommended its adoption, amended to delete Item #4 relative to the establishment of a Mello -Roos district. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing clogs!. Councilman Wilson moved to waive further reading and adopt Resolution No. 92_-97, requesting the Local Agency Formation Commission to take proceedings for the change of organization known as Palm Desert Annexation No. 29, amended to delete Condition #4 relative to establishment of a Mello -Roos districy. Motion was seconded by Benson and carried by unanimous vote of the Council. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session at 7:30 p.m. for reasons stated by the City Attorney. Motion was seconded by Crites and carried by unanimous vote of the Council. Mayor Kelly reconvened the meeting at 8:05 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: - •• • ( • (-4 I-- SHEILA R. GruipAN, CITY CL CITY OF PALM DESERT, CALLPORNIA 14,14 RICHARD S. ICELLY, MAYOR 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" The City Council City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 P.O. BOX 667, PALM DESERT, CA 92261. (619) 346-0766 September 24, 1992 To the City Council: The Shadow Mountain Golf Club asks that the City of Palm Desert give consideration to a change in Ordinance #9.24.070 which regulates the construction industry for noise levels. This ordinance is used by your a guide when noise complaints are mobile mowers, and other equipment. hours of operation are as follows: May 1st through September 30th Mon - Fri 6A14 to 7PM Saturday 8AM to 5PM Sundays and Holidays NONE Code Enforcement Department as placed concerning golf course The ordinance states that the October 1st through April 30th Mon to Fri 7A11 to 5:30PM Saturday 8AM to 5PM Sundays and Holidays NONE We ask that you consider a separate Ordinance for Golf Courses, because to properly maintain our facilities and have our courses ready for play each day, we must start our mowers and other equipment at 6A11 seven days per week. It is mandatory that the greens be mowed daily, especially on the weekends when all courses have maximum play. Our crews must be able to start at 6AM to do a proper job. Later starts make the job completely inefficient both for the crews, and, most importantly, for the golfers. Golfing at our course starts at 8AM or, at the latest, 6:30A11. Our Club is not within a walled community governed by a Homeowners' Association. We request that the Ordinance be revised to include a section for Golf Courses only, which will allow us to operate our equipment from 6AM to 5PM daily throughout the year. Weekends would have the same hours. We do not operate our equipment on Holidays. Would you please give this request your attention. Sin ely yours, Harr;:Ltrong,Presidnt 18 NENUTES REGULAR PALM DESERT iFY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SEPTEMBER 24, 1992 /fl EXHIBIT "B" Friends of the Environment P.O. Box 9601 Palm Springs, California 92263 (819) 778-7596 9/22/92 to: Mayor Kelly and Members of the Palm Desert City Council 5ublect: A. resolution in support of the_Listingsof the Peninsular Dig,Horn Sheep as an Zndanaered Species pursuant to the provisiort. gf tha Endangerad Scacias Act of 1973 aiLamended. My name is Marc Glassman, I have lived in Palm Desert for 13 years. I am proud of our city and its accomplishments. I am also a member of Friends of the Environment. I appear before you today to ask you to approve a resolution to support the listing of the Peninsular Big Horn Sheep as an Endangered Species for the following reasons: 1. The comment period to US Fish 11 Wildlife Service expires November 4,1992. 2. There are only 125 Peninsular Sig Horn sheep left in the Santa Rosa and San Jacinto Mountains and approximately 3$0 in the entire United States. 3. Listing the Peninsular Big Horn Sheep will result in recognitioniconservation and Federal protection of the species. 4. If the Peninsular Big Horn Sheep survives as a species they will perform aesthetic and educational functions. 5. As knowledge, studies and technology improvesthe possibility of re-establishing the Big Horn population increases. G. The protection of the Sig Horn Sheep enjoys community support and their listing as an endangered species will have little negative economic impact in our city now. 7. my generation and future generations will be able to enjoy these magnificent animals. Thank you for your time and consideration. Marc Glassman ,(.)( ji4/PAGV/1/ P77,16, 3c353—/Li- 19 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "C" MEDIGAP ILLUSTRATION / FACT SHEET Prepared 9-24-92 What is Medigap Insurance? Medigap Insurance is private health insurance designed specifically to supplement Medicare's benefits by filling in some of the gaps in Medicare coverage. According to City's brokers: When available, standard medigap policies are priced at approximately 70% of the premium cost of most PPO group health plans. The coverage levels are very different than PPO group health plans due to a variety of factors. Staff Recommendation: Continuation Plan (Principal) Same coverage in retirement Covers employee 6 dependents Group rated (Statewide) $100 Individual yearly Deductible Family out of pocket limit = $300 annually Current premium cost = $571 for Family Rate ASSUMPTION of obtaining a different Premium $571 City 50% Employee City 75% Employee ($285.50) 50% ($285.50) or ($428.25) 25% ($142.75) Same coverage Same deductibles \ ballot its \andigaP Medigap (PrinCare): Medigap via Principal Different coverage Lower levels Covers only employee Individually rated based on health 3 premium levels 3 different deductibles $250, $500 or $1000 Single out of pocket limit = $2,000 annually Quoted premium cost = $167 for employee only Medigap policy with dependents (Medicare Premium $400 (est.) City 50% Employee City 75% Employee ($200) 50% ($200) or ($300) 25% ($100) Different is lower coverage Higher deductibles hospital deductible .• $652 every 60 days) ..,••••• 20 MINUTES REGULAR PALM DESERT ITV COUNCIL MEETING SEPTEMBER 24, 1992 * * * * * * * * * * * _ * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "D" LOCAL JOBS FUR LOCAL PEOPLE, INC. 67440 SARAH STREET CATHEDRAL CITY, CA 92234 PHONE - 619-322-1925 NON-PROFIT ORGANIZATION August 31, 1992 Palm Desert Chamber of Commerce 72-990 Highway 111 Palm Desert, CA 92260 To whom it may concern: Please allow our organization to introduce ourselves to you, we are a grass roots non-profit organization called, Local Jobs for Local People Inc., our executive board consists of members from various walks of life. However, we all seem to have the same concern, that the majority of construction earned dollars leave our valley each week, and do not revolve through our local economy, as they should. In the past, we have spoken to the city council of La Quinta, La Quinta planning commission, the Desert Sun' s community forum, and to many people through -out Coachella Valley. We have opened their eyes to a sad situation, in all our cities. Local Jobs for Local People Inc. are basically wanting our leaders to take a step in the right direction. We all need to work together, and find a way to correct the unfair practice of giving our construction jobs away to non -local residents. Our organization is well aware, that all valley cities are currently under governmental regulations, requiring them to accept the lowest responsive bid. However, this can and should be changed! The bottom line dollar amount, should not be all that matters. We feel that a fair 50% of all sub -contractors, and workers, should be permanent Coachella Valley residents, not part-time residents, leaving the valley each pay day with what should be our pay checks. Should these construction earned dollars revolve through our local economy, all Coachella Valley businesses, and residents, would benefit tremendously. Local Jobs for Local People Inc., recently, notified all candidates seeking public office, of our concerns, and that we will be holding a forum in the not so far future, requesting their attendance, as well as, their suggestions as to what can be done to make a change for the good of the people they wish to represent. Several candidates have so far expressed their delight, and have expressed their wish to attend. Local Jobs for Local People Inc. wish to have our Chamber of Commerce support, and we hope to receive a response a soon as possible. 21 • NILNUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 24, 1992 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Pagfc Peatee CHAMBER OF COMMERCE EXHIBIT "D" 72-990 HIGHWAY 111 PALM DESERT, CALIFORNIA 92260 TELEPHONE: (619) 346-6111 FAX:1619) 346-3263 September 22, 1992 To: Palm Desert Chamber of Commerce Board of Directors From: Daniel L. Ehrler Re: Proposed (RE)Implementation of a PDCofC RETAIL COMMITTEE Dear Friends: Staff respectfully requests your consideration and approval for a (RE)implementation of a Chamber Retail Committee. This has been attempted at least three times since late 1987. The primary reason it did not develop is because there was a lack of response and participation by our retail members. One of our retail members thoroughly reviewed the need for such a retail committee with Staff recently, and we come to you for approval to try to organize a retail-onlv member Chamber committee. We believe their concerns energy need to be focused into a positive direction through the Chamber's proactive and responsive committee system. Our recommendation is that an all-out effort be made to invite C-smber -etail members, as well as nonmember retail businesses, to form a ":==it:ee. 2erhaps a more creative name could be developed, and a prs=otion of this committee would take place during October and early November. The committee would meet either the second or third week in November. This would also be an excellent topic for the October 23-24 Planning Conference. Our suggested Chair for this committee is Chuck Weisba from It's In The Bag. If he is unable to chair it, staff suggests any of the following retailers: Linda &/or Pat Schruben (Fast Frame), Grace Hurley (Ethel M Candies) or Gale Koch (Cammeron's) who would also do an exceptional job. By consensus, the Executive Board approves the concept of this proposal. The committee would meet once a month at, preferrably, a retail location. Staff doe'tot know of any expenses at is time, but if the committee were to i, are any, it would also have J off -set them.