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HomeMy WebLinkAbout1993-08-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:10 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Mayor Jean M. Benson IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore S. Roy Wilson Mayor Jean M. Benson Also'Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Carlos L. Ortega, ACM/Executive Director of Redevelopment Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Finance Director/City Treasurer Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources Ken Weller, Emergency Services Coordinator John Wohlmuth, Environmental Conservation Manager Catherine Sass, Community Arts Manager MINUTES REGULAR PALM DESLT CITY COUNCIL MEETING AUGUST'26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of July 22 and August 12, Adjourned Joint City Council/RDA Meeting of July 19, Special Joint City Council/RDA Meetings of July 28 and August 9, and Adjourned Special Meeting of August 4, 1993. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 57, 58, 1, 2, 3, 4, 4A, 5, and 6. Rec: Approve as presented. C-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by David, Laurie Susan, and Jerald M. Lazansky for Signature Deli & Subs, 73-705 Highway 111, Palm Desert. Rec: Receive and file C-2. APPLICATION FOR ALCOHOLIC BFVERA3E LICENSE by Thrifty Holdings, Inc. for Thrifty Drug Store #440, 72-875 Highway 111 at Hwy 74, Palm Desert. Rec: Receive and file. C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by RUI TWO CORP. for Palomino, 73-101 Highway 111, Palm Desert. Rec: Receive and file. C-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Morton's of Chicago/Palm Desert, Inc. for Morton's of Chicago - The Steakhouse, 74-880 Country Club Drive, Palm Desert. Rec: Receive and file. C-5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hardy Petrakis, Inc. for 40's Again, 72-990 El Paseo, Palm Desert. Rec: Receive and file. D-1. CLAIM AGAINST THE CITY (#226) by Barbara Durkee in the Amount of $665.36. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. 2 MINUTES REGULAR PALM DES: "T CITY COLUN'C!L MEETING AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D-2. CLAIM AGAINST THE CITY (#2271 by Jacqueline An in an Amount in Excess of $4,000.00. Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the contractor, J. D. Stine; 2) direct the City Clerk to so notify the Claimant. D-3. CLAIM AGAINST THE CITY (#2281 by John Hallock in an Unspecified Amount. Rec: By Minute Motion: 1) Deny the Claim and refer the Claimant to the contractor. J. D. Stine; 2) direct the City Clerk to so notify the Claimant. E-1. FINAL SCHEDULES OF INVESTMENTa as of June 30, 1993, and July 31, 1993. Rec: Receive and file. F. MINUTES of the Civic Arts Committee Meetings of March 8, April 12, May 10, and June 14, 1993. Rec: Receive and file. G-1. RESOLUTION NO. 93-74 - 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 (May 1993). Rec: Waive further reading and adopt. G-2. RESOLUTION NO. 93-75 - 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 (June 1993). Rec: Waive further reading and adopt. G-3. RESOLUTION NO. 93-76 - 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 (July 1993). Rec: Waive further reading and adopt. H. REQUEST FOR APPROVAL of Historical Society Request for Funding. Rec: By Minute Motion, approve the request for $2,500 from the Palm Desert Historical Society for purchase of computer equipment. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR CONSIDERATION of Sister City Program. Rec: By Minute Motion: 1) Approve out-of-state travel for Palm Desert Sister City. representatives to Osoyoos; 2) appropriate $2,500 from the unallocated General Fund budget to the Sister Cities budget. J. REOUEST FOR APPROVAL of the Refund of Fees for Business License #93-5178 for Fiscal Year 1992/93 (Palm Springs Employment Agency). Rec: By Minute Motion, approve the refund of $30.25 for business license #93-5178 for Fiscal Year 1992/93. K. REQUEST FOR APPROVAL of the Refund of Fees for Business License #93-7743 for Fiscal Year 1992/93 (Taylord Services). Rec: By Minute Motion, approve the refund of $50.00 for business license #93-7743 for Fiscal Year 1992/93. L. REQUEST FOR RATIFICATION of City Manager's Award of Contract No. R06960 for Engraving for Civic Center Signage. Rec: By Minute Motion, ratify the action taken by the City Manager and his delegate to award Contract No. R06960 to Graphic Arts in the amount of $13,950.00 for the engraving of the Civic Center Signage program. M. REQUEST FOR CONSIDERATION of Healthy Cities Project Reapplication. Rec: Waive further reading and adopt Resolution No. 93-77 in support of the California Healthy Cities Project and the City of Palm Desert's reapplication for 1993-94 designation. N. REQUEST FOR APPROVAL of the Commitment of Promotion Committee Funds for Seniors Tennis Tournament. Rec: By Minute Motion, approve the commitment of $10,000, with the understanding that additional funds may be allocated depending upon the final budget considerations for Promotion Committee activities for the balance of fiscal year 1993-94. O. LETTER OF RESIGNATION from James H. Struck from the El Paseo Business Association Board. Rec: Accept with sincere regret. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING - AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REOUEST FOR AUTHORIZATION to Convert Xerox 1090 Lease -Purchase to a New Xerox 5100 Copier Lease -Purchase (Contract No. C07730). Rec: By Minute Motion, authorize the Mayor to execute an agreement (No. C07730) with Xerox which will convert the current Xerox 1090 Copier lease -purchase, replacing the 1090 with a new Xerox 5100 copier and including two free fax machines. Q-1. REQUEST FQR AUTHORIZATION to Advertise and Ca11 for Bids for Sale of Surplus Automobile Spray Paint Shed. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the sale of an Automobile Spray Paint Shed. Q-2. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Two Electric Golf Carts. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the purchase of two electric golf carts for the City fleet. R-1. REOUEST FOR APPROVAL of Change Order No. 1 to Civic Center Parking Lot Improvements Contract (Contract No. C0698A). Rec: By Minute Motion, approve Change Order No. 1 for the increase in height of the chain link fence from five feet to six feet in the amount of $1, 344.00. R-2. REQUEST FOR APPROVAL of Change Order No. 1 to Civic Center Parking Lot Improvements Contract (Contract No. C06980). Rec: By Minute Motion, approve Change Order No. 1 for the removal of additional concrete in the circular driveway area of the Civic Center parking lot in the amount of $2,973.60. R-3. REOUEST FOR APPROVAL of Change Order No. 1 to 1993 Crack Sealing Program (Contract No. C07210). Rec: By Minute Motion: 1) Approve Change Order No. 1 for the additional crack sealing work in the amount of $57,456.30; 2) move contingency to base in the amount of $4,455.00; 3) appropriate $53,001.30 from Resurfacing Account No. 110-4311-433-3320. 5 MLNUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * s * * * * * * * * * * * * * * * * * * * s * * * * * * * * R-4. REQUEST FOR APPROVAL. of Change Order No. 1 to Contract with Muni Financial Services, Inc. (Contract No. C07140). Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C07140 with Muni Financial Services, Inc. (MFS) in the amount of $5,431.17. S. REOUEST FOR APPROVAL of Change Order No. 2 and Notice of Completion for Opticom Pre-Emptive Traffic Signal Equipment Installation Contract (Contract No. C06650). Rec: By Minute Motion: 1) Approve Construction Change Order No. 2 in the amount of $1,572.00 (0.007% of contract) to the subject contract for Paul Gardner Corporation to correct ant -damaged wires at two intersections; 2) move this same amount from contingency to base to cover these changes; 3) approve the Notice of Completion for the subject project and contract, releasing $22,082.48 in retention monies. T. REQUEST FOR APPROVAL of Extension of Landscape Maintenance Contracts C04134 and CO2976 with Environmental Care, Inc. Rec: By Minute Motion, approve one-year extensions of the following contracts with Environmental Care, Inc.: 1) Contract No. C04134, landscape maintenance services for Highway 74 Frontage Road Medians in the amount of $11,655.84 ($971.32 per month); 2) Contract No. CO2976, landscape maintenance services for Fred Waring Drive, Monterey Avenue, and Town Center Way street medians in the amount of $27,224.16 ($2,268.68 per month). U. REOUEST FOR AWARD OF BID for Forklift to be Utilized by the Public Works Department. Rec: By Minute Motion, award the bid for the purchase of a forklift to Case Power & Equipment in the amount of $28,009.61. V. ACCEPTANCE OF WORK for Contract No. C04930 for Highway 74 Entryway and Street Name Signs. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject contract. W. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Three Compressed Natural Gas Bi-Fuel Vehicles. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for three bi-fuel compact pickup trucks. 6 VZ TES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for a Trailer and Accessories for the 300KW Generator to Provide Emergency Power at the Civic Center. Y. Rec: By Minute Motion: 1) Approve Option #2 of the staff report dated August 26, 1993; 2) authorize the City Clerk to advertise and call for bids for a trailer and accessories for the 300KW generator to provide emergency power at the Civic Center. REQUEST FOR APPROVAL of System Support Technician Job Description, Salary Survey, and Recommended Salary Range. Rec: By Minute Motion, adopt the job description attached to the staff report dated August 5, 1993, for the authorized position of System Support Technician and authorize the monthly salary range for the position to be Range 560 ($2,843 - $3,455). Z. REQUEST FOR APPROVAL of Out -of -State Travel for Public Works Staff to Attend a Seminar Dealing with the National Pollutant Discharge Elimination System (NPDES). Rec: By Minute Motion, approve the request for out-of-state travel. Mayor Benson noted that Mr. Daniel Barnes had requested that Item N be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Councilman Wilson removed Item D-1 for Closed Session and Item W. Councilman Crites requested that Items R-1 and T also be removed for separate discussion. Upon motion by Wilson, second by Snyder,.the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS A. RESOLUTION NO. 93-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING RESOLUTION NO. 88-141 AND SETTING FORTH REGULATIONS RELATING TO THE PRODUCTION OF PUBLIC RECORDS. Mr. Altman stated that this was to upgrade the City's regulations relative to production of public records, and he recommended adoption. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 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 s s s s s Councilman Crites moved to waive further reading and adopt Resolution No. 93-7a: Motion was seconded by Kelly and carried by unanimous vote. B. RESOLUTION NO. 93-79. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, URGING GENERAL TELEPHONE (GTE) TO CONSIDER THE COACHELLA VALLEY AS A SITE FOR RELOCATION/EXPANSION OF ITS SOUTHERN CALIFORNIA OPERATOR SERVICES. Councilman Wilson moved to waive further reading and adopt Resolution No. 93-79. Motion was seconded by Kelly and carried by unanimous vote. C. RESOLUTION NO. 93-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1992-93 BUDGET TO PROVIDE APPROPRIATIONS TO CAPITAL PROJECT RESERVE FUNDS. Mr. Altman noted the memo in the packets and recommended adoption of the resolution. Councilman Snyder moved to waive further reading and adopt Resolution No. 93-80. Motion was seconded by Kelly and carried by unanimous vote. D. RESOLUTION NO. 93-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING THE EMERGENCY SERVICES COORDINATOR AS A CITY REPRESENTATIVE TO OBTAIN FEDERAL SURPLUS PROPERTY. Mr. Altman noted that this resolution would allow the Emergency Services Coordinator to obtain various emergency supplies to help citizen recovery following a City disaster. Councilman Kelly moved to waive further reading and adopt Resolution No. 93-81. Motion was seconded by Snyder and carried by unanimous vote. E. RESOLUTION NO. 93-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION TO MODIFY THE BOUNDARIES OF THE EL PASEO PARKING AND BUSINESS IMPROVEMENT AREA PURSUANT TO PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1979. Mr. Allen reviewed the staff report, noting that the City Attorney had brought to his attention the fact that the City must hold a public hearing in order to modify boundaries of this distract. He stated that the resolution would set the public hearing for Thursday, September 23, 1993. MR. JIM LOBLAND addressed the Council and requested on behalf of the independent contractors such as beauticians, barbers, and real estate associates that they be exempted from inclusion in the district. 8 MINUTES REGULAR PALM DESE .T CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Benson responded that this resolution was just to set the public hearing at which time Council would invite testimony in favor and in opposition. Mr. Lobland stated that he had petitions from all beauty operators on El Paseo which he would like to submit. Councilman Crites responded that the issue of whether or not to include individual categories of businesses in the district was something that would be determined during the public hearing. He added that he would not vote against the resolution setting the public hearing because he felt this would shortcut the process. Councilman Crites moved to waive further reading and adopt Resolution No. 93-82. Motion was seconded by Kelly and carried by unanimous vote. NOTE: Only one petition was submitted by another individual to the City Clerk; Mr. Lobland did not submit the petitions to which he referred. F. USOLUTION NO. 93-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TERMINATING THE EXISTENCE OF A LOCAL EMERGENCY. Mr. Altman noted the report in the packets and recommended adoption of the resolution. Councilman Kelly moved to waive further reading and adopt Resolution No. 93-83. Motion was seconded by Wilson and carried by unanimous vote. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 725 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.28.020 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO TRANSIENT OCCUPANCY TAX Mr. Allen reviewed the staff report, noting that this was a result of a question as to whether or not services such as telephone charges were included ' in the total room rate. A co m m I t tee consisting of the Mayor, City Attorney, City Manager, Finance Director, and Director of Code Compliance met to discuss the auditor's findings and review telephone charges and other amenities provided by operators; it was agreed that such amenities should not be part of the total room rate used to compute the transient orxupancy tax. He stated that this ordinance would amend the term "rent" to reflect this determination. Councilman Wilson moved to waive further reading and pass Ordinance No. 125 to second rcac . ^ g Motion was seconded by Snyder and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 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 s B. ORDINANCE NO. 726 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 8.23 OF THE PALM DESERT MUNICIPAL CODE RELATING TO FIREWORKS. Mr. Allen reviewed the staff report, noting that the County of Riverside's fireworks ordinance had always been .used as a guide in the past, even though it was not officially adopted. This ordinance would ban all types of paraphernalia normally associated with the word "fireworks" but would allow an exemption for public displays. Councilman Kelly moved to waive further reading and pass Ordinance No. 726 to second reading. Motion was seconded by Crites and carried by unanimous vote. For Adoption: None IX. CONSENT ITEMS HELD OVER D-1. CLAIM AGAINST THE CITY (#226) by Barbara Durkee in the Amount of $665.36. Rec: By Minute Motion, deny the Claim and direct the City Clerk to so notify the Claimant. Councilman Crites stated that per the memorandum, this matter should be discussed in Closed Session. MS. DURKEE, the Claimant, addressed the Council and explained the claim that she had submitted to the City for damage to her vehicle by a landscaping truck. Councilman Crites asked whether the truck in question had a City of Palm Desert decal on the side. Ms. Durkee responded that she had not noticed any City identification and had been told since then that the City hires a private contractor for landscaping of its streets. She added that she had obtained the name of the private contractor but had not yet had an opportunity to check further. NOTE: This item was discussed in Closed Session following the remainder of the Agenda. Council took the following action: Councilman Crites moved to, by Minute Motion, direct staff to investigate this matter further and to bring back a recommendation at the next City Council meeting on September 9, 1993. Motion was seconded by Wilson and carried by unanimous vote. 10 MINUTES REGULAR PALM DES_ ?T CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * .F * * * * * * * * * * * * * * * * * * * * * * * * N. REOI FST FOR APPROVAL of the Commitment of Promotion Committee Funds for Seniors Tennis Tournament. Rec: By Minute Motion, approve the commitment of $10,000, with the understanding that additional funds may be allocated depending upon the final budget considerations for Promotion Committee activities for the balance of fiscal year 1993-94. MR. DANIEL BARNES, 41-613 Aventine Court, Palm Desert, a member of the City's Parks & Recreation Commission, addressed Council and stated that while he was in support of this tournament take place, he was concerned with the fact that it was not discussed with the Parks & Recreation Commission. He said he thought it would be a good tournament but felt the timing (April 18-23, 1994) might not be good, especially since another tournament was scheduled to be held in Santa Barbara during that same time period. He felt the Santa Barbara tournament would draw people away from this one. He said he would recommend having a Palm Desert tournament but on a smaller scale and not until 1995. Mr. Shillcock reported that this matter had come to the Promotion Committee in June and that members felt it could be a possible replacement for the Phoenix Challenge. He said funds had been earmarked for the spring tennis event; however, because the approved budget was for a six-month period (July 1 - December 31), it would be necessary for Council to approve the use of unobligated funds. Councilman Crites expressed concern with approving $10,000 without some t'. pe f requirement similar to that for the SpringFest funding where there was a time table indicat;n2 various dates by which certain things must be done or the City could end its tinanc;ai •obligation. Mr. Shillcock responded that performance criteria could be added if Council wishes. MR_ GEORGE ANICH, developer of the proposed tournament, addressed Council and stated that he was originally going to be involved with the Phoenix Challenge as an organizer. however, that did not work out because the Phoenix Challenge moved, and he was •hen approached by the Chamber of Commerce to see if there was a way to do something ,n ..he Valley to continue the concept of a team doubles tournament. He stated this was not meant to compete against the Phoenix Challenge but would be in addition to it. He noted that the proposed tournament required a minimum of six players to play and that it would be a 'round robin" function. He added that there was also a super senior division of individuals aged ^' or older.. Heindicated there were approximately 20 teams from the desert that pan,copwed in•tiie'Tast Phoenix Challenge, and people indicated they would not want to travel out or •he Valley to play; therefore, that would leave all of those strong teams right here in •he Coachella Valley and would be a good starting point. He said this new event wou:.: U.S.T.A. sanctioned event. 11 MINUTES REGULAR PALM DES 7RT CITY COUNCIL MEETING AUGUST 26, 1993 . . . : * * s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. ROBERT LEO, Executive Director of the Palm Desert Chamber -of Commerce, stated that this tournament represented the key stone to their program to promote healthy cities through sports in Palm Desert. He said the Chamber had assisted the Phoenix Challenge and wished to continue by supporting this new event. Upon question by Councilman Kelly, he responded that it would be held at various country clubs in the Valley, such as Desert Falls, Marriott, Lake Mirage, etc. Councilman Wilson stated he felt Mr. Barnes had raised a good point in that the Parks & Recreation Commission had been bypassed; he said this was understandable since the funds were requested of the Promotion Committee for advertising of the event. He suggested that the request be approved in concept but that staff be directed to fully inform the Parks & Recreation Commission on the intent and also on what funds are being spent; i.e., promotion rather than recreational funds. Councilman Crites suggested that some kind of criteria also be set for the December 1 and March 1 payments which would give the City the option of relir quislcing its participation if the Council chooses to do so at a given time. Councilman Wilson moved to, by Minute Motion, approve the concept but direct staff to fully inform the Parks & Recreation Commission on the intent and also on what funds are being spent; i.e., promotion rather than recreational funds, with the addition that some kind of criteria also be set up for the December 1 and March 1 payments so that the City has the option of relinquishing its participation if the Council chooses to do so at a given time. Motion was seconded by Crites and carried by unanimous vote. R-1. REQUST FOR APPROVAL of Change Order No. 1 to Civic Center Parking Lot Improvements Contract (Contract No. C0698A). Rec: By Minute Motion, approve Change Order No. 1 for the increase in height of the chain link fence from five feet to six feet in the amount of $1,344.00. Councilman Wilson expressed his dislike for change orders in general and said he felt these types of things should be worked out before plans are sent out. With regard to this particular change order, he asked who had requested the increase in fence height from five feet to six feet and why. Mr. Folkers responded that it was requested by Tom Theobald, the City employee in charge of this. He added that this was an error when the design of the project was reviewed, and plans indicated a height of five feet instead of six for the chain link fence around the future dog park. He noted that staff felt it was important to have the increased height because many dogs can jump over a five foot fence. Councilman Kelly expressed concern that the City is planning to put in a chain link fence while not allowing citizens to use chain link fences that are visible. 12 ML UTES REGULAR PALM DES -tT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * s s s * * * * * * * * * * * * * * * Councilman Crites agreed and stated that was the reason he requested that this matter be held for separate discussion. He asked whether the chain link fence would be temporary. Mr. Folkers responded that this would depend on the future needs for additional parking for the Civic Center; however, he stated that staff could use a different type of fencing. Mayor Benson stated that the reason for the dog park was to give dog owners a place to bring their pets so they can run without causing problems for people in the Civic Center Park. Councilman Crites noted that there were a number of cities that had established places where people can let their dogs off their leashes, and he did not have a problem with this. However, his concern was with the use of chain link, and he said he did not think this type of material should be used on a major street; in addition, he said he felt it would detract from the beauty of the park. He suggested sending this matter back to staff to look for alternative types of fencing. Councilman Crites moved to continue this matter to the meeting of September 9, 1993, and direct staff to look at alternative fencing instead of chain link for the Civic Center Parking Lot Improvements Contract. Motion was seconded by Wilson and carried by unanimous vote. T. REOUEST FOR APPROVAL of Extension of Landscape Maintenance Contracts C04134 and CO2976 with Environmental Care, Inc. Councilman Crites asked that this matter be continued to the meeting of September 9, 1993, so that he can talk to the City's maintenance contractor about the condition of the plants along the medians. He was concerned with the way they looked and felt something should be done before the contract is extended. Councilman Crites moved to continue this matter to the meeting of September 9, 1993. Motion was seconded by Kelly and carried by unanimous vote. W. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Three Compressed Natural Gas Bi-Fuel Vehicles. Councilman Wilson stated that he did not feel that maintenance vehicles that stay in the Valley need to be bi-fuel vehicles and that the City should instead get dedicated Compressed Natural Gas (CNG) vehicles. Councilman Kelly stated that he had the same concerns as Councilman Wilson. 13 MLNUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * * * * *-* * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson moved to, by Minute Motion, direct staff to proceed in the purchase of Compressed Natural Gas (CNG) vehicles to start replacement of our truck fleet but that they explore the most cost-effective way to get that; if it is found that dedicated vehicles are not more cost-effective, staff would have the authorization to go with the cheaper dual fuel vehicles. Motion was seconded by Kelly and carried by unanimous vote. X. NEW BUSINESS A. •It REQUEST FOR APPROVAL OF DONATED ITEMS POLICY. Ms. Sass reviewed the staff report relative to a policy for items donated to be on display in the City. She said it was intended for the policy to remain flexible because we do not know what someone might want to donate in the future. She noted that the policy also covers removal of the items. She offered to answer any questions. Mayor Benson stated that she had brought to Ms. Sass's attention the suggestion that we might want to incorporate some type of plan for the park as to what items we are going to accept and where they will be placed. Councilman Crites congratulated staff on this very useful policy. Councilman Crites moved to, by Minute Motion, adopt the Donated Items Policy. Motion was seconded by Kelly and carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF CIVIC ARTS COMMITTEE RECOMMENDATION TO ACQUIRE THE ANN LAROSE SCULPTURE "C IS FOR CAT" FOR THE PALM DESERT COLLECTION. Ms. Sass reviewed the staff report, noting that this request had been reviewed by both the Civic Arts Committee and the Art -In -Public -Places Committee and received unanimous approval. She distributed color photos of the art and offered to answer any questions. Councilman Wilson moved to, by Minute Motion, affirm the recommendation of the Civic Arts Committee to purchase a sculpture titled "C is for Cat" by Ann LaRose in an amount not to exceed $8,000.00 from Account Number 436-4650-454-4001. Motion was seconded by Snyder and carried by unanimous vote. C. REOUEST FOR CONSIDERATION OF A HOLOCAUST MEMORIAL. Ms. Sass reviewed the staff report, noting that the Art -In -Public -Places Selection Subcommittee had discussed at its June meeting a proposal by Mr. Joe Brandt to place a Holocaust Memorial within the Civic Center Park, with the intent to place it some time in 1995 to celebrate the fiftieth anniversary of the end of World War II. She said Mr. Brandt 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETLNG AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * was willing to have the memorial be a work of art and be reviewed by the established process for its aesthetic merit. Mr. Ortega reported that the Civic Center Steering Committee and Construction Committee had reviewed the proposal in the context of the Donated Items Policy and had questioned whether it would be advisable to erect a memorial for each and every event that happened or whether it would be better to have a more generalized memorial and add plaques or engraving to it for different events. Councilman Crites asked whether there were any negative feelings about erecting one particular memorial to symbolize a variety of genocidal events in history such as events in Armenia, Cambodia, etc. Mr. Ortega responded that this was what the Steering and Construction Committees had in mind. Councilman Snyder stated that the Committee had discussed the fact that the City receives requests every month for some type of memorial. He said they were not against possible creating one memorial that would be more general but felt it would not be good to fill up the park with every request that comes in. Councilman Kelly said he felt it was important promote memorials so we can have art donated to the City. Councilman Snyder stated that what came to the Steering Committee was whether to put memorials in the City park. He said they were not talking about accepting art or art that would be there as a memorial. Councilman Crites stated that no matter what the City would choose to have donated, it would have to go through the normal processes of being selected as appropriate for the City's art program. He noted that the Minutes of the June 23, 1993, Art -In -Public -Places Committee indicated that Mr. Brandt and Committee Member Janet Brody felt the Holocaust Memorial need not represent solely the Jewish community but could and should stand as a memorial for all persons throughout the world who are victims of genocide. Councilman Crites moved to, by Minute Motion, conceptually approve allowing submittal of a project through normal processes that acts as a memorial to all persons throughout the world who have been victims of genocide. Motion died for lack of a second. Mayor Benson stated that this was one of the reasons she brought this to the Community Arts Manager. She said she felt what makes the park so nice is the different pieces of art throughout, and there is still plenty of room out there for other objects. She added that having a plan attached to the donated items as far as site selection would also help people in giving items to the City. When the sites are gone, it will be time for the City to look at something else. 15 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST.26, 1993 • • • • * * • • * • * * • • * * * * * * * * * * * * * * * * * * * * * * * * MR. JOE BRANDT, Chairman and Immediate Past President of the Holocaust Survivors of the Desert, stated he was shocked that the City would consider combining the Holocaust Memorial with other memorials. He said he gives lectures every year to 10th grade school students, and they are always appreciative to hear what happened to the people during World War II. He said it was something that could happen to anyone and is, in fact, happening all over the world. He felt the memorial would remind people that we do not want this type of thing to ever happen again. He added that it was not just a Jewish affair and that it would be for everyone. Councilman Wilson stated that he had heard Mr. Brandt speak about his program to not let the Holocaust be forgotten. He said he would rather support the recommendation on the Agenda and confirm that the City wants and would accept a piece of art that goes through the normal process that basically represents and permanently educates those that see the art about the Holocaust. He said he would also welcome someone coming forward with a piece of art memorializing the Trail of Tears, the holocaust of the Cherokee Nation, and things like that. He said he felt we could take different events that were horrendous in our history and memorialize them separately rather than come up with something generic that tries to lump them all in together. Councilman Wilson moved to, by Minute Motion, approve the concept of a Holocaust Memorial, that it go through the normal Civic Arts Committee process. Motion was seconded by Kelly. Upon suggestion by Councilman Snyder, Councilman Wilson amended his motion to include that this Holocaust Memorial be taken through the normal approval process and that the Council would welcome any other art in the same manner to represent historical events that need to be remembered. Councilman Kelly agreed to amend his second. Motion carried by unanimous vote. D. REQUEST FOR APPROVAL OF ETHICS POLICY. Mr. Altman asked that this matter be continued to the next meeting because staff is still doing work on it. With Council concurrence, the Ethics Policy for City Staff and City Officials was continued to the meeting of September 9, 1993. E. REQUEST FOR APPROVAL OF CITY'S PARTICIPATION IN THE DECEMBER, 1993, ISSUE OF SOUTHWEST ART MAGAZINE. Mr. Shillcock reviewed the staff report and offered to answer any questions. Councilman Wilson moved to, by Minute Motion, authorize the expenditure of promotion funds in an amount not to exceed $21,000 for the development and inclusion of a sixteen page section in the December, 1993, issue of Southwest Art devoted entirely to Palm Desert. Motion was seconded by Benson and carried by unanimous vote. - 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * * F. REOUEST FOR APPROVAL OF AMPHITHEATER POLICY. Mr. Altman noted the memorandum in the packets and offered to answer any questions. Councilman Crites moved to, by Minute Motion, approve the Hahn Amphitheater Use Policy. Motion was seconded by Kelly and carried by unanimous vote. G. REQUEST FOR CONSIDERATION OF COOPERATION AGREEMENTS FOR PROJECT AREA NO. 4 (JOINT MATTER WITH THE PALM DESERT REDEVELOPMENT AGENCY). Chairman Benson convened the Redevelopment Agency Meeting at 5:25 p.m. ROLL CALL Member Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Vice Chairman S. Roy Wilson Chairman Jean M. Benson Mr. Ortega reviewed the staff report and offered to answer any questions. Councilman/Member Wilson moved to: 1) By Minute Motion, approve the cooperation agreements with regard to Project Area No. 4 pass -through payments among the Palm Desert Redevelopment Agency, the City of Palm Desert, and various taxing agencies (Desert Sands Unified School District - Contract No. C07740, Desert Community College District - Contract No. C07750, Coachella Valley Mosquito Abatement District - Contract No. C07760, Coachella Valley Recreation and Park District - Contract No. C07770, Coachella Valley Resource Conservation Center - Contract No. C07780); 2) waive further reading and adopt Resolution No. Z82, approving payments with certain affected taxing agencies pursuant to various cooperative agreements with respect to Project Area No. 4; 3) by Minute Motion, authorize the Chairman to execute the cooperation agreements among the Palm Desert Redevelopment Agency, the City, and various taxing agencies. Motion was seconded by Snyder and carried by unanimous vote. meeting. Chairman Benson adjourned the Redevelopment Agency meeting to the end of the City Council 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 s s s s s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s * * H. REOUEST FOR APPROVAL OF CONVEYANCE OF LAND FROM THE CITY TO THE BLM AND APPROVAL OF A COOPERATIVE AGREEMENT (CONTRACT NO. C07790) BETWEEN THE U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, AND THE CITY OF PALM DESERT FOR THE DEVELOPMENT, ADMINISTRATION, AND MAINTENANCE OF THE SANTA ROSA NATIONAL SCENIC AREA VISITOR INFORMATION CENTER. Mr. Altman reviewed the staff report and recommendation. Councilman Crites moved to: 1) By Minute Motion, authorize the granting and conveyance of a 6.313 acre parcel of land at the southern City of Palm Desert city limit east of Highway 74, APN771-200- 006-9, from the City of Palm Desert to the U.S. Departfnent of the Interior, Bureau of Land Management; 2) by Minute Motion, authorize the Mayor to enter into a Cooperative Agreement (Contract No. C07790) between the U.S. Department of the Interior, Bureau of Land Management, and the City of Palm Desert for the development, administration, and maintenance of the Santa Rosa National Scenic Area Visitor Information Center. Motion was seconded by Wilson and carried by unanimous vote. Councilman Crites introduced Mr. Henri Bisson from the Riverside Office of the BLM. Mr. Bisson introduced Ms. Julie Dougan as the new Area Manager for the Palm Springs South Coast Resource Area and said this was her first week on the job. He read a prepared statement, noting that the City's involvement was essential in the designation of the Santa Rosa Mountains as the Nation's fourth national scenic area and also assisted the BLM by providing law enforcement funding for ranger patrols in the City limits. He said the City was instrumental in acquiring $1 million in Federal land and water conservation funds for acquisitions in the Scenic Area for the next fiscal year and had now voted to transfer title to the site of another cooperative effort, the Santa Rosa Visitor Information Center, which he said was expected to open next spring. On behalf of the BLM, he thanked the City and also Westinghouse Development Corporation which originally donated the land to the City. Mr. Bisson stated that he would also like to give some advance recognition to Councilman Crites, who he said would receive a letter soon from National Director Jim Baca. He read the letter presenting him with the "Volunteers for the Public Lands" National Award for exemplary stewardship contributions to the cultural resources of the Nation's public lands. Councilman Crites thanked Mr. Bisson and stated that the location of the Visitor Center was the entryway to the Valley from the San Diego area. He said it would be a premiere spot to initially inform people of the natural wonders and beauty of this area. I. REQUEST FOR CONSIDERATION OF COUNTRY CLUB DRIVE CENTER MEDIANS LANDSCAPE RETROFIT PROJECT. Mr. Wohlmuth reviewed the staff report, noting that there was a companion resolution for the Redevelopment Agency Board to consider later. He offered to answer any questions. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to waive further reading and adopt Resolution No. 93-84 approving payment by the Palm Desert Redevelopment Agency for a portion of the cost of the median landscape improvements. Motion was seconded by Snyder and carried by unanimous vote. J. REQUEST FOR APPROVAL TO ALLOW RETAIL USES ON FRED WARING FRONTING UNITS (B 1 AND B2) AT THE TOWN CENTER PLAZA AT THE SOUTHEAST CORNER OF FRED WARING DRIVE AND TOWN CENTER WAY, CASE NO. PP 90-22 (ENJOY DEVELOPMENT, APPLICANT). Planner Jeff Winklepleck reviewed the staff report, rioting the condition that states: "Unless specifically modified by the City Council as part of the development review process, the first 100 feet of this site adjacent to Fred Waring Drive shall be restricted to office professional use." He said the applicant was requesting approval to locate retail uses in units B-1 and B-2 of the project, and staff felt the request should be approved but limited to lower intensity uses such as furniture clothing stores, not high impact retail uses such as restaurants. Mayor Benson stated she felt this center certainly complemented what we have in the City, and she said she was in favor of this request. Mayor Benson moved to, by Minute Motion, approve the request and allow limited retail uses to occupy units B1 and B2 of the Town Center Plaza. Motion was seconded by Kelly and carried by unanimous vote. K. PRESENTATION OF "HEADQUARTERS DESERT GOLF OF PALM DESERT" BY JAMES T. DALE, PRESIDENT OF JTD PRODUCTS. MR. JAMES T. DALE addressed Council and noted that packets of information had previously been distributed. He said he felt his project could enhance the project presented to Council at the 3:00 p.m. Study Session by CT Golf. Councilman Wilson stated he felt this proposal needed to have more specifics as far as how it will work. However, in concept, he said he felt it would complement the CT Golf project and would "put more icing" on what the City is attempting to do to make a world -class project. He said he would encourage Mr. Dale to work with the developer, Planning staff. and the Economic Development office on the financing and specifics of the project. He added that he felt the time was not premature and that Mr. Dale should move quickly so he will not be excluded. Mr. Ortega noted that staff had met with Mr. Dale relative to the concept. He stated there was at least one other firm that had approached the City and expressed interest in doing the same type of facility. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to cable complaints. 2. Status of Multi -Agency Library. Mr. Diaz introduced the architect for the library, Mr. Paul Zajfen, who reviewed the plans and the model for the new library. Councilman Kelly stated that there had been an article in the newspaper a week or so ago about cutting back on library hours and eliminating mobile libraries. He asked whether it was assured after we build the library that we will have adequate coverage to run it, and he said it was important that our branch be open. County Library Barbara Bowie addressed Council and stated that the Bookmobile that was being eliminated was for the western County, not ours, and it was done because their circulation was down. She added that the Coachella Valley Bookmobile was very busy and would not be affected. Upon further question by Councilman Kelly relative to any cutbacks for Palm Desert, she said hours would be cut; however, it was hoped the economy would turn around in the next two years before this facility is opened. She added that they had put aside $50,000 worth of new materials both last year and this year, so that when the new facility opens, it will be ready to go on the shelves. Councilman Kelly asked that the City be advised ahead of time if it becomes necessary to cut hours for the Palm Desert branch. He expressed concern that we are building such a large library, and we might end up not having anyone to give out the books. Ms. Bowie agreed and said nothing was finalized yet because the County Board of Supervisors does not set the budget until next week. She added that she would not have put eight years of her life into this facility if she did not believe it would be a great library. Councilman Wilson asked the architect whether this one-story facility had enough room for seating. Mr. Zajfen responded that his firm had assessed how many seats were needed, how many books needed to be housed, etc. All of that information was factored in. He added that they had gotten their information on the number of volumes from the College. Upon further question by Councilman Wilson. he said they were planning to house approximately 80,000 volumes for the put _ library portion and over 20 MINUTES REGULAR PALM DL—ERT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 100,000 for the College portion. Councilman Wilson asked whether there was any room for expansion looking down the road 30 to 40 years. Mr. Zajfen responded that there was room available on three sides. Councilman Kelly stated that the City might end up down the road having to put in a satellite facility in order to serve all of its residents. Ms. Bowie responded that she had heard that Palm Desert Country Club would soon be annexed, and the Palm Desert Country Club Library will be reopening in a new location in the Lucky Shopping Center within six weeks; that would take care of that portion of the City. XI. CONTINUED BUSINESS A. CONSIDERATION OF REQUEST FROM EL PASEO BUSINESS ASSOCIATION FOR INCREASED BUSINESS LICENSE ENFORCEMENT (Continued from the Meeting of July 8, 1993). Mr. Altman asked that this be continued. Councilman Crites moved to continue this matter to the meeting of September 9, 1993. Motion was seconded by Snyder and carried by unanimous vote. With Council concurrence, Mayor Benson suspended the remainder of the Agenda at this point in order to discuss Item D of Old Business. The remainder of the items were considered following the Awards, Presentations, and Appointments portion of the Agenda. XII. OLD BUSINESS A. REQUEST FOR DETERMINATION OF CONDITION IMPOSED BY CITY COUNCIL ON THE CARVER COMMERCIAL DEVELOPMENT AT COOK AND COUNTRY CLUB. CASE NO. PP 92-6. Mr. Diaz stated that staff had received a letter from the applicant requesting that this matter be continued to the meeting of September 23, 1993, so that a representative from the McKenna Development Group can be here to address Council on this issue. Councilman Kelly moved to continue this matter to the meeting of September 23, 1993. at the request of the applicant. Motion was seconded by Snyder and carried by unanimous vote. 21 MINUTES REGULAR PALM DFS:-RT CITY COUNCIL MEETING AUGUST 26, 1993 s s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. FOLLQWUP REPORT RELATIVE TO ORDINANCE NO.- '719 GRAFFITI REGULATIONS. Mr. Allen reviewed the staff report, noting that he had sent letters notifying for the second time those merchants who would be affected by Section 9.40.025 of the ordinance requiring that aerosol spray paint containers and other implement used in graffiti vandalism be secured in a manner which does not make them readily accessible to the public without an employee's assistance. He said he had not gotten any response and would, therefore, recommend that Section 9.40.025 continue to be in effect. Councilman Kelly moved to, by Minute Motion, determine that Section 9.40.025 should remain in Ordinance No. 719, requiring the securing of aerosol spray paint containers and other implements used in graffiti vandalism. Motion was seconded by Snyder and carried by unanimous vote. C. J EOUEST FOR RECONSIDERATION OF A BOWLING CENTER ON THE CITY'S 20- ACRE SITE ON HOVLEY LANE. Mr. Diaz noted the letter in the packet from Mr. Kenneth D. Hinsvark who had previously approached the City relative to the City -owned 20-acre site on Hovley. He said Mr. Hinsvark was interested in developing an upscale bowling center on this site, and staff wanted to know if the Council would like for discussions to begin again with the developer. Mayor Benson stated she felt there were enough public/private ventures on the table now, and she did not think the City needs another one. She added that she did not think that 20-acre site should be cut up. Mr. Diaz responded that what was being considered was the developer using a portion of the site and then perhaps developing another portion as open space, etc. He added that staff would require an overall plan for the entire 20-acre section. Councilman Wilson stated he had no problem with staff talking with the developer and bringing back a report to the Council as to what is being proposed. Council concurred that staff be allowed to go forward with discussions with the developer for this proposed project. D. REOUEST FOR CONSIDERATION OF FRED WARING DRIVE WIDENING. Mr. Folkers reviewed the staff report, noting that City crews had recently gone out and cleaned off the sidewalks along Fred Waring Drive so that pedestrians could walk along the road. He stated that the staff report covered a whole series of possibilities, from doing nothing to actually widening everything on the north side and using the approximately 18 feet of right-of-way the City has to do improvements. He reviewed the options discussed in the 22 MINUTES REGULAR PALM DESL :T CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * # * # # * * * * * * * * * * * * # * * * * * * * * * * # • * # staff report and said that staff's recommendation was to proceed with Option IIB to do some widening for sidewalks to the north of the utility power pole line. MR. ERIK LARSEN, 74-266 Fred Waring Drive, stated he felt Option IIB did not address the traffic safety problem, nor does it give any time frame for completion of the six lane highway. He noted that he had read in the newspaper today that Mr. Folkers indicated the City might decide not to widen Fred Waring, and he asked for a legal commitment from the City that Fred Waring will not become a major arterial or highway any time in the future, that traffic speeds will be reduced, and that safe passage will be arranged for the children traveling to and from schools. He said he felt the only option the Council could go with was Option IIIC in the staff report - purchase all or most of the homes and vacant lots/reconstruct the roadway with raised median. He added that he had indicated at the last meeting that his home was for sale; however, he had not yet heard anything from the City, and he asked what was happening at this time. MR. COREY BARBEAU, 74-152 Fred Waring Drive, also expressed concern that staff's recommendation did not address the problems. He said he no longer cared what was going to be done as long as he could get out of his house. He said it was so dangerous that his son could not go outside to play in the front yard. He could not sell his home because he would have to disclose that the City is thinking about widening the street, and the house may be torn down in a few years. He asked Council for a decision as to what will be done with the homes on Fred Waring so that he could move to a better part of the neighborhood. MR. MOHAMMED MOUSSEF, representing a homeowner at 74-166 Fred Waring Drive, expressed concern that if the City takes the right-of-way to widen the street, that will put the garages too close to the street and will not allow sufficient setbacks. Councilman Kelly stated that he had not seen in the report any consideration for beginning the purchase of the homes on Fred Waring. Councilman Wilson agreed and said he felt this was an issue that the Council needed to focus on. He asked Mr. Ortega if there was a way that the City could begin acquiring homes as part of its low and moderate income housing stock program, with the City acquiring the homes from those residents who want to sell and then renting them until such time as the houses need to be demolished. Mr. Ortega responded that this could be done but that it might cost in excess of $6 million. Councilman Crites expressed concern about widening the street to six lanes for such a short distance unless it will connect to another six -lane road to the east and west. Mr. Folkers stated that it was his recommendation that staff be directed to prepare a further report covering these other issues. 23 M11N1 TES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 * * . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson suggested that staff be directed to do a survey on how many people would want to sell their homes and relocate, get an appraisal of the market value of those homes, get more data in order for the Council to make a decision, and determine how much time it would take to accomplish this. Councilman Wilson moved to, by Minute Motion: 1) Direct the Redevelopment Agency Director to do the necessary studies to determine what it would take to acquire properties on Fred Waring Drive that residents wish to sell; 2) direct the Public Works Department in the meantime to look at the study that has already been done and come back to Council with specific recommendations on several of the suggestions that the City can afford to implement quickly to make the street safer. Motion was seconded by Crites and carried by unanimous vote. Upon question by Councilman Crites, Mr. Ortega responded that he could have some information to Council by its September 23rd meeting. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Report Relative to the Altman Commission - Consultant Review of News Bureau Mr. Altman reviewed the memorandum dated August 26, 1993, and noted that it was just to update the Council and did not require any action. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a) (City v. County of Riverside re: booking fees; Palm Desert Greens v. Palm Desert; Chazen v. Palm Desert), (b), and (c). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o Eity Council Requests for Action: 1. REOUEST FOR ENDORSEMENT of "English for Latino Workers" (Mayor Jean M. Benson). Councilman Crites moved to take no action on this item. Motion was seconded by Wilson and carried by unanimous vote. 24 MINUTES REGULAR PALM DESF_tT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. CONSIDERATION OF REOUEST for Adoption of a Resolution in Support of Assembly Bill 13 (Mayor Jean M. Benson). Councilman Wilson moved to waive further reading and adopt Resolution No. 93-86 in support of Assembly Bill 13 (T. Friedman) relative to prohibiting smoking in all enclosed work places, bars, and hotel/motel banquet rooms and allowing smoking in hotel and motel guest rooms and lobbies. Motion was seconded by Crites and carried by unanimous vote. 3. CONSIDERATION of Public Art Entrance Signs on Monterey Avenue at Interstate 10 (Mayor Jean M. Benson). Mayor Benson stated that she agreed with Councilman Wilson about the entrance signs on Highway 74 and that we should do something similar at the other entrances to the City, such as Monterey Avenue at I-10. Councilman Wilson moved to, by Minute Motion, direct staff to work closely with the artist who has done the entrance signs on Highway 74 to find a suitable location for a similar entrance sign at Monterey Avenue and I-10 that does not interfere with the freeway interchange and identifies Palm Desert apart from the other cities. Motion was seconded by Kelly. Councilman Crites asked what had been decided about the Rancho Mirage connection to Palm Desert on Highway 111. He said there were currently a number of service club signs by the Rusty Pelican restaurant, but at one time the City was going to do an entryway sign further up. He said he felt this was something that should also be looked at. Councilman Wilson agreed to modify his motion that staff be directed to look at all of the entryways to the City for appropriate similar signage. Councilman Kelly agreed to modify his second. Motion carried by unanimous vote. 4. DISCUSSION of Possible Support for EIR on Truck Traffic Impact on Coachella Valley as a Result of NAFTA (Mayor Pro-Tem S. Roy Wilson). Councilman Wilson stated it had been brought to his attention that a CalTrans Director had estimated that with the new crossing station going up already in Mexicali before the treaty is even adopted, there will be 2100 trucks a day estimated with an annual growth of about 5% coming through the Coachella Valley. He said we already in California had a tremendous problem of bung unable to regulate interstate commerce; i.e., the smoking diesel trucks on the highways usually have out of state license plates on them. He said Mexico burns a dirtier diesel than we do in the U.S., they have no maintenance or inspection programs on their vehicles, and if we are going to be transporting through this Valley that depends on clean air for its economy, having 2100 dirty trucks a day going through here will have a definite environmental and 25 MLNi: TES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * economic impact. He proposed that the Mayor be authorized to write a long letter to the President of the United States indicating that we support an environmental assessment of the impacts of NAFTA on our Valley and in particular on truck traffic that would be going through our .Valley from Mexico. Councilman Crites suggested that copies of that letter also be sent to our local legislators (Senate, Assembly, Congress). Councilman Kelly stated that SCAG was also very much involved in this issue, and somewhere down the line he said he would be asked to vote for or against endorsement of NAFTA. He said he has asked that the issue be placed on the CVAG Agenda since he represents the cities in the Coachella Valley and Blythe on SCAG. He said he would have to vote on the basis of how those ten cities instruct him to vote. He added that there will also come a time when the Mayor will have to cast a vote at CVAG on behalf of the City of Palm Desert. Councilman Wilson stated that his intent was not to make a decision for or against NAFTA but to indicate that the City of Palm Desert supports having an environmental assessment done. In response to Councilman Kelly's concerns, he suggested placing this matter on the next City Council Agenda to give direction to the Mayor. Councilman Crites moved to place this item on the City Council agenda for September 9, 1993, for direction to the Mayor relative to the City's support of NAFTA, with authorization in the meantime to the Mayor to write a strong letter of support to the President of the United States indicating the City's support for environmental assessment of the impacts of NAFTA on our Valley, particularly as it relates to truck traffic that would be going through the Coachella Valley. Motion was seconded by Crites and carried by unanimous vote. 5. CONSIDERATION of Transit Capital Improvement Grant Application Related to Metrolink Train Service. Councilman Wilson stated that he had just become aware of this on Tuesday, and it has a deadline of Wednesday, September 1, 1993. He asked that this be added to the Agenda for discussion. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote. Councilman Wilson stated that the City recently, as part of the Price Club annexation, entered into a joint venture agreement with the County of Riverside to acquire 10 acres of property adjacent to the railroad tracks 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETLNG AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : : * between Monterey Avenue and Bob Hope Drive in the City of Palm Desert. He said it was the County's hope that we would go into some kind of joint partnership in the development of that land and to also generate sales tax as well as revenue that would help both the City and the County. He said a study was done in 1991 by the Riverside- County Transportation Commission on the feasibility of bringing Metrolink Rail Service from Los Angeles to the Coachella Valley and down to El Centro; that study indicated it would be feasible some time down the road. A subsequent study was done to determine the feasibility of a tourist Metrolink train service that would come down Friday night, have train service on Saturdays and Sundays, with the last train going back on Monday morning for people to have alternative ways to get down to our hotels, condos, etc. for the weekend. That study says it is feasible if there is some subsidy, and he said he had heard that perhaps the hospitality industry might be interested in doing something through the Convention Bureau to encourage that. He said the City of Palm Springs was interested in applying for a station and had talked to Corky Larson. She felt we might propose our site as a train location since it is more central and would be an ideal location. The idea would be that perhaps we could jointly build restaurants, boutiques, etc. to service the train station. Councilman Wilson stated that the reason for the urgency was that he had found out there was a State pot of money called "Transit Capital Improvement Program" that is a 50/50 kind of match where the State will build the train stations if the local communities will match it. Land can be a match, so the City of Palm Desert could make an application where it would put up the land for the station, and the State would put up the money to build the platform for the station. He said, the deadline for the grant was September 1st for this year's money. He noted that the consultant who did the study would come down on Monday to put together the application to be submitted by Wednesday. Councilman Kelly moved to waive further reading and adopt Resolution No. 93-85 authorizing the City Manager to study and prepare a Transit Capital Improvement Grant Application related to Metrolink Train Service. Motion was seconded by Snyder and carried by unanimous vote. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None 27 M MITES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1993 s s s s s s s s s s* s s s* s*** s*********** s* s s s s s XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Items A, B, and C of Old Business and the Reports and Remarks section were discussed following Awards, Presentations, and Appointments. See those sections for Council discussion and action. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RECOGNITION OF PALM DESERT BOY SCOUT TROOP NO. 168 - LEADER GARY HOMEC AND SCOUTS PAT ANDERSON, BRYCE CARROLL, AND COLBY HOMEC. Mayor Benson noted that members of Palm Desert Boy Scout Troop No. 168 were attending the Council meeting as part of the requirements for their Citizenship Badges. She welcomed them on behalf of the entire City Council. B. PJJESENTATION OF DISTINGUISHED CITIZEN AWARD TO JOSEPH DIRIENZO. Mayor Benson presented a plaque to Mr. Joseph DiRienzo for his courageous act of saving the life of Palm Desert resident Mary Reznicek. C. 'RESENTATIONI OF ENVIRONMENTAL AWARD OF EXCELLENCE TO SUNRISE COMPANY FOR THE INDIAN RIDGE DEVELOPMENT. Mayor Benson presented the award to Mrs. Mary Drury and Mr. Chuck Shepardson for the Indian Ridge Development's water efficient landscaping. D. APPOIN'TMaa TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY EXPIRATION OF TERM OF SABBY JONATHAN. E. APPOINTMENTS TO THE ARCHITECTURAL REVIEW COMMISSION TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS OF RON GREGORY (ALTERNATE), RICHARD O'DONNELL, AND CHRISTOPHER VAN VLIET. F. APPOINTMENT TO BUILDING BOARD OF APPEALS TO FILL VACANCY CREATED BY THE EXPIRATION OF TERM OF CHARLES MILLER. G. APPOINTMENTS TO THE CIVIC ARTS COMMITTEE TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS OF EVELYN BENNETT, DIANNE FUNK, AND DIANE MORGAN, AND VACANCIES CREATED BY THE RESIGNATIONS OF JANET ABRAMS, CAROLYN MILLER, AND PATRICIA POWER. 28 MTh'L'TES REGULAR PALM DESERT CITY COUNCIL MEETLN G AUGUST 26, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. APPOINTMENTS TO THE PROMOTION COMMITTEE TO FILL VACANCIES CREATED BY THE EXPIRATION OF TERMS OF ELIZABETH GREEN AND GROVER NOBLES, AND VACANCY CREATED BY THE RESIGNATION OF STEVE WARSH. Councilman Snyder moved to continue Items D through H to the meeting of September 9, 1993. Motion was seconded by Crites and carried by unanimous vote. XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Snyder moved to adjourn to Closed Session at 8:10 p.m. pursuant to Government Code Section 54956.9 (a) (City v. County of Riverside re: booking fees; Palm Desert Greens v. Palm Desert; Chazen v. Palm Desert), (b), and (c). Motion was seconded by Crites and carried by unanimous vote. item: Mayor Benson announced action taken during Closed Session on the following Consent Calendar D-1. CLAIM AGAINST THE CITY (4226) by Barbara Durkee in the Amount of $665.36. Councilman Crites moved to, by Minute Motion, direct staff to investigate this matter further and to bring back a recommendation at the next City Council meeting on September 9, 1993. Motion was seconded by Wilson and carried by unanimous vote. Upon motion by Wilson, second by Crites, and unanimous vote of the Council, Mayor Benson adjourned the meeting at 8:45 p.m. ATTEST: MARY P. FRAMER, DEP CITY CLERK CITY OF PALM DESERT, CALIFORNIA JE/(N M. BENSON, MAYOR 29