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HomeMy WebLinkAbout1993-04-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 8, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Excused Absence: Councilman Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney . Sheila R. Gilligan, City Clerk Ramon A. Diaz, ACM/Director of Community Development Richard Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Director of Redevelopment Paul Shillcock, ACM/Economic Development Director Paul Gibson, Finance Director/City Treasurer Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources John Wohlmuth, Environmental Conservation Manager Mayor Benson suspended the remainder of the Agenda at this point in order to present a proclamation to County Librarian Barbara Bowie, who was not able to attend the meeting of March 25, 1993. She noted that the proclamation declared the month of April as "Community Services Month" in the City of Palm Desert. Mrs'. Bowie commended the City of Palm Desert for its heart, its concern for child care, the Art - In -Public -Places, and for going ahead with a new library for the City. NI SITTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 25, 1993. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 40A and 43. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Patricia A. Downs and Robert L. Downs for Cafe de Mexico, 73-325 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nora Jean Hanson and Randolph Baker Hanson for Swenson's Town Center, 72-840 Highway 111, #156, Palm Desert. E. Rec: Receive and file. APPLICATION FOR ALCQHOLIC BEVERAGE LICENSE by Nam Sup Lee and Stella Sonha Lee for Musashi, 72-840 Highway 111, Suite 351, Palm Desert. Rec: Refer to the Department of Community Development for processing of a Conditional Use Permit. F. L AIM AGAINST THE CITY (#2181 by Mildred Jennings in the Amount of $133.52. Rec: By Minute Motion: 1) Deny the claim because the incident occurred outside the jurisdictional limits of the City of Palm Desert; 2) instruct the City Clerk to so advise the Claimant. G. LETTER OF RESIGNATION from Joan Swanson as the City's Representative on the Riverside County Library Committee. Rec: Receive with sincere regret. 2 REGULAR PALM DESER' CITY COUNCIL MEETING APRIL 8. 1993 * * * * * * * * * * : * * * * * * * * * * * * 4--.4 * * * * * * * * * * * * H. REQUEST FOR APPROVAL of the Transfer of Street Sweeping Contract No. C05200 to Quality Street Sweeping Service. Rec: By Minute Motion, authorize the transfer of Contract No. C05200 to Quality Street Sweeping Services for the balance of the original term. I. REQUEST FOR APPROVAL of Telephone Maintenance Contract with Fujitsu (Contract No. C07330). Rec: By Minute Motion, approve a six -year fixed cost maintenance contract for the Fujitsu telephone system (Contract No. C07330). J. REQUEST FOR RELEASE of Subdivision Improvement Security for Westinghouse Desert Communities - Bighorn Project (Westinghouse Desert Communities, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. K. REQUEST FOR APPROVAL of Agreement with Gruen, Gruen & Associates for Fiscal Impact Report for Sun Crest Annexation (Contract No. C0734Q). Rec: By Minute Motion, authorize the Mayor to execute a contract for consultant services with Gruen, Gruen & Associates for the preparation of a Fiscal Impact Report for the Sun Crest Annexation in an amount not to exceed 58.500 and appropriate funds from the unobligated General Fund reserves. L. REQUEST FOR APPROVAL of Change Order No. 2 to Cook Street Crossing Project (Contract No. R0593Q). Rec: By Minute Motion: 1) Approve Design Change Order No. 2 in an amount not to exceed $10,300; 2) transfer $10,300 from Account No. 110-4300-413-3010 to the Project Design Account No. 853-4385-433-3010. Upon motion by Kelly, second by Snyder, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None 3 \UNI TES RLW. LAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1993 . . . . * * * * * * * * * s * * * * * * * * * * * * * * * * * * * * * * * * VI l . RESOLUTIONS A. RESOLUTION NO, 93-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING AN AGENT TO TAKE CERTAIN ACTIONS ON BEHALF OF THE CITY OF PALM DESERT RELATIVE TO FEDERAL AND/OR STATE FINANCIAL ASSISTANCE FOR DAMAGE CAUSED BY HEAVY RAINS IN JANUARY, 1993. Mr. Altman noted the report in the packets and offered to answer any questions. Councilman Snyder moved to waive further reading and adopt Resolution No. 93-36. Motion was seconded by Wilson and carried by unanimous vote. B. RESOLUTION NQ. 93-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING A STATE OF LOCAL EMERGENCY. Mr. Altman noted that this item would appear on every Agenda until the State of Local Emergency due to the recent rains is over. He recommended adoption. Councilman Kelly moved to waive further reading and adopt Resolution No. 93-37. Motion was seconded by Wilson and carried by unanimous vote. VII I . ORDINANCES For Introduction: A. ORDINANCE NO. 712 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Corporate Way between Hovley Lane East and 42nd Avenue). Mr. Folkers reviewed the staff report, noting that the City had received a complaint relative to this location and staff had done the necessary speed surveys to recommend a 35 mile per hour speed zone on Corporate Way between Hovley Lane East and 42nd Avenue. He offered to answer any questions. Councilman Wilson moved to waive further reading and pass Ordinance No. 712 to second reading. Motion was seconded by Snyder and carried by unanimous vote. 4 ♦L ♦ 1-..3 REGULAR PALM DESEr— CITY COUNCIL tifEETLNG APRIL 8. 1993 * * * * * * s * * s * * * * * * * * * * * * * > * * * * * * * * * * s s s B. ORDINANCE NO. 713 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING A STANDARD FORMAT TO SECURE SUBSTANDARD BUILDINGS DUE TO HEALTH AND LIFE SAFETY VIOLATIONS. Mr. Altman noted that it was the recommendation of the Director of Building and Safety, Pat Conlon, that this matter be continued to the next meeting in order for staff to do some additional work. Councilman Wilson moved to continue this matter to the meeting of April 22, 1993. Motion was seconded by Snyder and carried by unanimous vote. For Adoption: None IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REQUEST FOR APPROVAL OF SEARCH LIGHT FOR A GRAND OPENING AT 44-100 TOWN CENTER WAY ON APRIL 17, 1993. Mr. Diaz reviewed the staff report, noting the applicant was requesting approval to put up skylights. He said that in the past Council had limited the use of such lights to civic, patriotic, or special events of public interest such as the El Paseo Art Walk. He added that staff was requesting direction from the Council as far as determining the acceptability of the proposal. MS. DOTTIE HILL spoke as the applicant and requested that this be approved for May 7th instead of April 17th due to some delays. She added the skylights would be used for approximately two hours for the grand opening. Councilman Kelly stated that he felt this was something the Council would want to approve considering the recession and the City's efforts to keep all of its businesses healthy if it can. Councilman Wilson moved to, by Minute Motion, approve the request for a two-hour period. Motion was seconded by Kelly. Mayor Benson asked for clarification of the hours since the staff report indicated that the light would be used from 7:00 a.m. to 10:00 p.m. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ms. Hill responded that it was a typographical error and that it should be 7:00 p.m. to 10:00 p.m. The reason for the three-hour time period was because they were not sure what time it would be dark, but they would only use it for two hours. Mayor Benson called for the vote. Motion carried by unanimous vote of the Council. B. REOUEST FOR CONSIDERATION OF RECOMMENDED USE FOR REMAINING 19TH YEAR CDBG FUNDS. Mr. Ortega reviewed the staff report, noting the request received for funding of the Coachella Valley Regional Business Assistance Center. He said that rather than giving them $45,000 of General Fund Revenues for this project, staff recommended that we assist them with capital funds using CDBG funds. Councilman Kelly moved to, by Minute Motion: 1) Approve staff's recommendation to apply $90,000 in remaining 19th year CDBG funds toward the acquisition of three mobile units to house the Coachella Valley Regional Business Assistance Center; 2) authorize staff to file an application for use of such funds. Motion was seconded by Snyder and carried by unanimous vote. C. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the memo in the packets relative to complaints received between March 17 and March 29, 1993. He stated that the FCC had put out the regulations regarding some of the provision of the Cable Act and that it would be approximately a month before these regulations are put in the Code of Federal Regulations. He said it appeared that there were requirements for the lowering of rates in areas where it is determined that rates exceed certain amounts per channel. He added that a report would be submitted to the Council at the next meeting regarding the rates that are being charged and including some of the rates being charged pursuant to private contracts, and he said there were provisions in the regulations where we can file a request for determination of unreasonable rates. Councilman Wilson asked whether the City's franchise agreement spelled out what is and is not included in the basic rate. Mr. Ortega responded that this was spelled out in an exhibit to the agreement. He added that Councilman Wilson was referring to what the minimum requirements are under the Cable Act to be included in basic service. Councilman Snyder stated that he had received several telephone calls regarding Channels 2 and 10 and the fact that when they were watching news on Channel 2 it changed suddenly to a paid advertising program. They were not aware that they could change to Channel 10 to continue watching the news program. He felt this was a 6 \ILL tr i t.6 REGULAR PALM DESEF CITY COUNCIL MEETING APRIL 8, 1993 * * * * * * * * * * .__* * * * * * * * * * * * * * * * * * * * * * * * * * * disservice to the people, and he asked if there was anything that could be done about this. Mr. Ortega stated that the new Cable Act indicates what the minimum programming should be under basic service, and that is the local stations. Historically, the Los Angeles stations have been considered local, and the City continues to argue that those need to be included in basic service. He said the other things that need to be included in basic service are what are called the "peg" requirements, which are the governmental, institutional, and educational channels. The cable company argues that KECY is a local station and that because basic service is Channels 2 through 13, KECY must be included because the Cable Act is forcing them to include it. The City's position is different and is that our ordinance defines basic service as all of those services that we had when we entered into the franchise agreement. He said he and Councilman Wilson had asked when they were in Washington, D.C., whether the new Cable Act preempted any of those provisions in our franchise agreement, and the answer was no. He added that this issue would also be addressed in the report to the Council at the next meeting. XI. CONTINUED BUSINESS A. Solid Waste Municipal Code Section 8.16.060 Modification for Construction Waste Exclusivity (Continued from the Meetings of March 11 and 25, 1993). Mr. Erwin stated that at the last meeting he had requested an opportunity to brief the Council in Closed Session on the status of the litigation dealing with recycling. He said he felt said Closed Session should occur prior to Council's consideration of this item. Councilman Wilson moved to adjourn to Closed Session at 4:30 p.m. pursuant to Government Code Section 54956.9 (a), existing litigation (Palm Springs Recycling v. City of Palm Desert). Motion was seconded by Kelly and carried by unanimous vote. Mayor Benson reconvened the meeting at 4:40 p. m. Mr. Wohlmuth reviewed the staff report, noting that it was important for the City of Palm Desert to control the waste stream. He said the City needed to meet at goal of 25 % reduction by 1995 and 50% by the year 2000. He said one of the largest obstacles at this time was green waste, which is 30% of our waste stream. He reviewed the issues included in the staff report, including the 8% franchise fee paid to the City by Waste Management of the Desert. MS. KRISTI HANSON, representing Westinghouse Desert Communities, addressed Council and said they currently use Waste Management for their homeowners' association trash pickup. She said she felt the level of service had been less than reasonable, and she expressed concern that Waste Management would take over the construction pickup and provide the same unsatisfactory level of service in this area as well. She noted a problem that had occurred when several of the homeowners had their recycle bins left for three weeks without being picked up. She asked that Council not take away the ability for organizations to choose with whom they will do business. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1993 : * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly said the City had implemented one of the most successful recycling programs in the State, without additional cost to the citizens. One of the reasons was that our waste hauler includes that expense in the contract. He said the question was whether to adopt an ordinance to include construction waste hauling as part of the exclusive contract, and he felt staff should be directed to prepare such an ordinance for Council consideration. He added that no decision would have to be made until the ordinance comes to Council. Councilman Wilson said he felt this was a situation where there is unfair competition to our exclusive franchise dealer because they must pay a franchise fee while the other company does not. He said he felt competition was healthy and that he had a problem with getting so restrictive that we cut out competition. He said he could go along with Councilman Kelly's suggestion if staff could be directed to bring to the Council two ordinances; one with exclusivity on construction, and the other that would require any other hauler of construction debris to pay the 8% franchise fee. A hearing could then be held, and the Council could make a decision as to which way to go. Councilman Kelly moved to, by Minute Motion, direct staff to prepare two ordinances; one that includes construction waste hauling as part of the exclusive contract, and the other that requires any other hauler of construction debris to pay an 8% franchise fee, said ordinances to be presented in 30 days. Motion was seconded by Wilson. Mayor Benson commented that Western Waste had said they would pay the 8% and are, in fact, paying it to the PDYSA. If that is removed, PDYSA will be coming to the City of Palm Desert for funding. Mayor Benson called for the vote, and the motion carried by unanimous vote. XII. OLD BUSINESS A. REOUEST FOR AWARD OF CONTRAI FOR DESIGN CONSULTANT FOR BRIDGE AT MONTEREY AVENUE AND WHITE WATER STORM CHANNEL (Contract No. C07350). Mr. Folkers reviewed the staff report, noting that staff had received approval and direction in February to negotiate with Moffatt and Nichol Engineers with regard to an all-weather crossing on Monterey Avenue at the Whitewater Flood Control Channel. He said staff recommended approval of this contract in the amount of $273,100.00 plus contingency. He added that CVAG and the City of Rancho Mirage would be our partners in the construction of the project. He noted the construction schedule and said it was expected to be complete by June, 1994. He added that negotiations were continuing with CVAG and the City of Rancho Mirage with regard to the funding, and he offered to answer any questions. Councilman Snyder asked whether there was any assurance that the City of Rancho Mirage would not change its mind midstream as it did once before. 8 LNLTES REGULAR PALM DESET CITY COUNCIL MEETING APRIL 8, 1993 * * * * * * * * * * a. * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers responded that before this gets too far along, staff intended to get this point tied down so we don't spend a lot on engineering; if it looks like an impasse will be reached, staff will stop and not go any further. Councilman Snyder stated that if the Council approves this request, he would like to see that the City of Palm Desert does not spend any money until we have an agreement in writing. Mr. Folkers stated that the only problem was that it might delay the project. Councilman Wilson asked the City Attorney whether a contract could be written with the engineering company with an escape clause that if at any time our support from Rancho Mirage dissipates, we can abort the contract. Mr. Erwin responded that the contract could be written so that Rancho Mirage must consent before we start, or if at any time they pull out we can stop. However, he said he was not sure the engineers would sign it. Councilman Wilson stated that he felt we should at least try to write the contract that way. He added that he would hate to see us slow down the process because we need another all- weather crossing. Councilman Snyder moved to, by Minute Motion: 1) Award Contract No. C07350 to Moffatt & Nichol Engineers for the design modification of the bridge for Monterey Avenue and the White Water Storm Channel in the Amount of $273,100.00 plus a ten percent contingency of $27,310.00 and authorize the Mayor to execute the agreement, with the condition that if the City of Rancho Mirage withdraws its support, the City of Palm Desert will rescind this contract; 2) appropriate $300,410.00 from the unobligated Measure "A" Fund for the subject contract. Motion was seconded by Kelly and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Town Center Plaza Parking Lot Lights (Case No. PP 90-23) Mr. Altman stated that this item had come up after the Agenda was posted, and he asked that Council add it to the Agenda for discussion. Councilman Wilson moved to add this item to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote. Mr. Wohlmuth reviewed the staff report, noting that the developer of this project had designed a lighting plan that did not meet the City's dark skies ordinance. He said that in an attempt to open at least one of the buildings by April 17th, the developer had asked that this item be resolved so that they can put in the parking lot lights. He said staff had prepared a memorandum dealing with the issue of the parking lot lights 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and the issue of placing high pressure sodium fixtures instead of low sodium. He noted that there were two basic parking areas on the site, with the majority of the parking area on the front facing Fred Waring and parking for employees in the rear. Staff had worked with the electrical engineer and the developer and recommended that the rear lighting, be modified from 400 watt high pressure sodium to 400 watt low pressure sodium. He said this was the area in the rear of the building, and light rendition is not as important because you are not looking at the face of the building. In addition, the residential area that is near this site is to the rear of the building. With regard to the front parking area, he said the developer was requesting 400 watt high pressure sodium. He said the light fixture was fully shielded, with the bulb inside the box of the fixture to not allow any light to escape above horizontal. He added that these lights were the same design as those in the Town ,Center Mall. Although it did not meet the dark skies ordinance, he said the City Council has in the past made a determination that Downy Savings could use a similar style, and it matched the adjacent Town Center Mall parking area. Staff recommended that the City Council make a determination that the developer can use high pressure sodium in those areas fronting the building and low pressure sodium in those areas in the rear of the building next to the residential areas. He offered to answer any questions. Councilman Snyder moved to, by Minute Motion, make a determination that the developer of Town Center Plaza can use high pressure sodium light fixtures in those areas fronting the building and low sodium in those areas to the rear of the building next to the residential areas. Motion was seconded by Kelly. Mr. Whitney, the developer, addressed the Council and said he concurred with staff. However, he said there were concerns with the low pressure sodium fixtures to the rear of the building due to liability it may cause with employees parking in this area. He said they were backed up to the Town Center Mall parking area which has high pressure sodium, and they felt they should also be allowed to put in high pressure sodium fixtures with shields that would prevent the light from going upwards. Mr. Wohlmuth stated that the fixtures he had reviewed were 400 watt high pressure sodium sitting at ten feet high on the wall of the building, lighting the parking area to the rear. He said the lights were not fully shielded, and the light escaped substantially above horizontal. In addition, he said he had a concern that one of the reasons Council passed the dark skies ordinance was not necessarily for just project by project but rather the glow created by projects all together in an urban setting, and reducing that glow was a primary goal of that ordinance. He said that in reviewing the plan, he felt it was within reason to allow high pressure sodium in the front of the building because of the compatibility with neighboring projects; however, there was no reason to approve it in the rear. Mr. Wohlmuth stated that there were cities moving away from low pressure sodium because of the ability to make identification under that yellow light source, similar to that at the Price Club shopping center. He said the issue was whether colors could 10 REGULAR PALM DESERT CITY COUNCIL :MEETING * * * * * * * * * * * * * * * * * * * * * * * APRIL 8, 1993 _* * * * * * * * * * * * * be identified under this type of lighting. He said he discussed the issue in-depth with the City's Crime Prevention Officer, who indicated there was no problem with that and, in many instances, they encourage that in Riverside County because there is less tendency to gather under this light source because things do not look as good. He said the other issue was that if something happens, would you be able to make positive identification of a color or person, with perhaps reds looking gray and other colors changing a bit. He said the Crime Prevention Office indicated this was also not a problem. Councilman Wilson asked whether there was any low pressure sodium used in that general vicinity in the commercial area and whether this would be the only low pressure sodium lighting. Mr. Wohlmuth responded that he believed this would be the only low pressure sodium lighting in the area. MR. PAT KELLY, 181 Las Lomas, Palm Desert, said he had been in the lighting industry for 41 years. He said it was against all lighting practices to mix high pressure and low pressure sodium lighting. He said he saw no reason to put high pressure on one side and low pressure on the other side of the wall. He added that there were no 400 watt low pressure sodium lamps and that they would be using 250 watt high pressure sodium lamps on the rear of the building. He said there were no 250 watt low pressure sodium lamps and that the highest wattage low pressure sodium lamps were 90 watt. Councilman Wilson moved to, by Minute Motion, approve staffs recommendation with the exception that the developer be allowed to use the high pressure sodium lighting in the back if the developer can satisfy staff that it is adequately shielded to prevent spillover into the adjacent neighborhoods. Motion was seconded by Kelly and carried by unanimous vote. B. • CITY ATTORNEY Mr. Erwin asked that Council place on the Agenda discussion of Senate Bill 695 and Assembly Bill 1262. Councilman Kelly moved to add this to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote. Mr. Erwin stated that these were companion bills and that there was a hearing on Senate Bill 695 in the Senate Local Government Committee on April 14th. He said he had just become aware of this bill on April 7th and that it was called the "Homeowners Relief Act of 1993". He said basically the bill would change the way we do business in all assessment districts and landscape and lighting districts and would require that the Council go back in each of the assment districts that are already set and if we have not had an election, we must go through an election before any assessments are placed; otherwise, the City would have all of the charges and expenses of those assessments back into the General Fund. He asked that 11 MIIs'UTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Council consider sending a letter expressing at least concern if not opposition to this process. Councilman Wilson moved to, by Minute Motion, allow the City Attorney to draft a letter for the Mayor's signature expressing concern and potential opposition to these two bills. Motion was seconded by Kelly. vote. Councilman Snyder suggested sending a copy of the letter to Senator Dave Kelley and ask him to also work on this. Council concurred. Councilmen Wilson and Kelly agreed to include this in the motion. Motion carried by unanimous C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. REOUEST for a Site in the Civic Center Park for Holocaust Memorial (Mayor Jean M. Benson). Mayor Benson stated she had placed this on the Agenda at the request of Mr. Joe Brandt, and she asked him to make a presentation to the Council. MR. BRANDT, resident of Rancho Mirage and business owner in Palm Desert, stated he was a Holocaust survivor and noted that May 8 was the 50th Anniversary of the end of World War II. He said he had been giving talks to high school students for the past six years and was sad to see that they really did not know about the Holocaust. He felt there should be some kind of memorial in the Coachella Valley so that everyone remembers what happened. He felt perhaps the City of Palm Desert could donate some property for such a memorial, and he said he felt it would be an honor for the City to do something like this in the Civic Center Park. Councilman Wilson asked how many square feet Mr. Brandt was talking about. Mr. Brandt responded that he felt 300 to 400 square feet in a corner of the park would be sufficient. Councilman Snyder stated he had no problem with the request except that as a member of several committees, he knew that the City was constantly being asked by many different organizations for land to be used for different reasons. He said the City had a Civic Center Steering Committee and an Art -In -Public - Places Committee which he felt should consider such requests before they go to the Council, since they are responsible for building the park and determining what should be included in it. 12 REGULAR. PALM DESERT CITY COUNCIL MEETLNG APRIL 8, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Brandt stated that he did not want for this to be in some kind of temple because he wanted it open to the public. He said it was not a question of being of the Jewish faith; it was people of every nationality, race, color, etc. to let them see what happened during World War II and not to let it happen again. Councilman Kelly explained that what the Council would do is refer Mr. Brandt to the Civic Arts Committee and the Art -In -Public -Places Committee since they are the committees that would then come back to the Council with a recommendation. Upon motion by Kelly, second by Wilson, and unanimous vote, the matter was referred to the Civic Arts Committee and to the Civic Center Steering Committee. 2. CONSIDERATION of El Paseo Improvement Plan (Mayor Pro-Tempore S. Roy Wilson). Councilman Wilson noted the City's POD Plan for El Paseo several years ago which no one seemed to like and which would have torn up the streets and take out the medians, etc. He said he felt there were a lot of good elements in that Plan, such as benches, waste receptacles, etc, and he said he would like to see staff directed to look at not a major renovation of El Paseo but implementing some of the more easily done things to make the street pedestrian friendly. He also suggested looking at the feasibility of taking the Sun Colony frontage on El Paseo and turning that into a temporary mini park or something attractive with benches for pedestrians. He said he would also like for staff to look at the possibility of allowing people to flag down the electric bus or some other type of shuttle and have it stop and pick them up anywhere on the street. He felt this would be something that would help more business to the eastern end of the street, which he felt was being neglected. Councilman Kelly stated that he would even support having some kind of people mover during the season that would travel back and forth along El Paseo all day long. Council concurred to direct staff to review the previously considered POD Plan for El Paseo and bring forward a recommendation from it concerning benches, a mini park, a temporary park at the Sun Colony site, and a tram service of some kind to encourage pedestrian traffic the length of the street. 13 \11\t TES R E G l LAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1993 ...** s s s s* s s s s s s s s s s s s s s s s s s s s s s s s s s s s 3. CONSIDERATION of the Amendment of the Loan_ _Agreement with the Mountains Conservancy for $65,000 (Councilman Buford A. Crites). Mayor Benson stated that this was a request for an extension of the repayment schedule from 12 months to 18 months. Councilman Kelly moved to, by Minute Motion, approve the extension of the repayment schedule from 12 months to 18 months. Councilman Snyder expressed concern with the ability to repay the City and said he had not seen any proforma of what they are doing with the funds loaned to them. Mr. Erwin stated that the Conservancy had not yet received any money. He said the request was for $65,000, due in 18 months, with the interest to accrue and be payable at that time as well. He said their specific intended purpose was to use the funds for the purchase of land, with the intent that the Bureau of Land Management would then purchase that land from them in exchange. He stated there was some ongoing discussion that if they use the funds to purchase the land and the Bureau of Land Management does not purchase it, the City would have a security interest in that land and be entitled to the land. He added that this was his understanding of the transaction although he did not have anything in writing. Councilman Kelly amended his motion to approve the extension of the repayment schedule from 12 to 18 months, subject to the City Attorney's approval. Motion was seconded by Wilson and carried by unanimous vote. 4. Dedication of Sports Field Mayor Benson noted that Coach David Nola had called the City and asked that one of the sports fields be dedicated in memory of a young baseball player who recently passed away. After discussions, it was concluded that a sports field should be dedicated to honor all of those who are taken from us at a young age. Mr. Diaz reviewed the memorandum and showed a drawing of what the plaque would look like that would be on the field named "Remembrance Field". He said this plaque would include the names of those young athletes who pass away. Councilman Wilson suggested instead of "dedicated to the memory of the young athletes who will never be forgotten" that the plaque read "dedicated to the memory of young local athletes who will never be forgotten" in order to distinguish that they are local individuals. 14 MLOl1LS REGULAR PALM DESF - CITY COUNCIL MEETING APRIL S. 1993 * * * * * * * * * * _ * * * * * * * * * * * * * * * * * * * * * * * * * * • Councilman Kelly felt "young local athletes" sounded a bit hard and suggested instead that it be "our young athletes". Council concurred. Upon motion by Kelly, second by Snyder, and unanimous vote, staff was directed to name one of the new ballfields "Remembrance Field" with a plaque to read "Dedicated to the memory of our young athletes who will never be forgotten". o City Council Committee Reports:. 1. Mayor Benson stated that she had attended the Week of the Young Child event in the park and that it was very rewarding to see how many children were out there with their families enjoying the day. She said it made her proud of the City's park. 2. Mayor Benson reported that she and Councilman Kelly had attended Sunrise Company's grand opening of Indian Ridge Country Club. She said both Warren Smith and Bill Bone were complimentary of City staff for their courtesy and assistance in getting everything done. XIV. ORAL COMMUNICATIONS - B None Upon motion by Wilson, second by Kelly, and unanimous vote of the Council, Mayor Benson recessed the meeting at 5:35 p.m. for dinner. She reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1993 s s s s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X V III. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF PERMIT TO OPERATE A MASSAGE ESTABLISHMENT AT MONTEREY COUNTRY CLUB (Sunrise Desert Partners, Applicant). Mr. Wayne Ramsey, Code Compliance Officer, reviewed the staff report and offered to answer any questions. Councilman Wilson stated that he realized the City's ordinance required that a public hearing be conducted to approve such applications; however, he suggested that staff look into some kind of amendment to the Code so that if an application is approved by the Sheriff's Department and staff, the public hearing process could be avoided and the matter could be placed on the Consent Calendar instead. This way we could avoid a public hearing on non- controversial issues. Mr. Erwin stated that this could be done with an ordinance amendment if Council so desired. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and she declared the public hearing closed. Councilman Wilson moved to, by Minute Motion, approve the permit to operate a massage establishment for Sunrise Desert Partners, dba Monterey Country Club, located at 41-500 Monterey Avenue, Palm Desert. Motion was seconded by Snyder and carried by unanimous vote. B. REQUEST FOR APPROVAL OF PERMIT TO OPERATE A MASSAGE ESTABLISHMENT AT BIGHORN GOLF CLUB (Westinghouse Desert Communities, Applicant). Mr. Ramsey reviewed the staff report and offered to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and she declared the public hearing closed. Councilman Snyder moved to, by Minute Motion, approve the permit to operate a massage establishment for Westinghouse Desert Communities, dba Bighorn Golf Club, located at 255 Palowet Drive, Palm Desert. Motion was seconded by Wilson and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None 16 ML`L:TES REGULAR PALM DESEF 2ITY COUNCIL MEETM APRIL 8, 1993 * * * * * * * * * * s. * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT 'NT Upon motion by Wilson, second by Snyder, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 7:10 p.m. ATTEST: , , i , / f ` / %t SHEILA R. GILLIGAN, CITY/CLERK CITY OF PALM DESERT, CALIFORNIA JEANM. BENSON, MAYOR 17