Loading...
HomeMy WebLinkAbout1993-12-091 IINUTFS REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Wilson requested a moment of silence in memory of Mrs. Harriet Snyder (wife of Councilman Walter H. Snyder), who had passed away on Monday, December 6, 1993. IV. ROLL CALL Present: Councilmember Jean M. Benson (arrived at 4:15 p.m.) Mayor Pro-Tempore Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Also Present: Bruce A. Altman City Manager David J. Erwin, City Attorney Mary P. Frazier, Assistant Agency Secretary Carlos L. Ortega, ACM/Director of Redevelopment Agency Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Dave Millheim, Director of Human Resources Paul Gibson, Director of Finance Wayne Ramsey, Code Compliance Officer Pat Conlon, Director of Building and Safety Catherine Sass, Community Arts Manager Larry McAllister, General Services Director Ken Weller, Emergency Services Director MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of November 17, 1993. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 18A, 19, 20, 21, 22, 23, 24, and 25. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Desert Falls Country Club for Desert Falls Country Club, 1111 Desert Falls Parkway, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by CCC&D Corporation for Captain Cook's, 72-191 Highway 111, Palm Desert. Rec: Receive and file. E. RESOLUTION NO. 93-103 - 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 (October, 1993). Rec: Waive further reading and adopt. F. REOUEST FOR APPROVAL of Audited Financial Statements for Fiscal Year 1992-1993 for the City of Palm Desert. Rec: Accept and file. G. REQUEST FOR APPROVAL of Out -of -State Travel. Rec: By Minute Motion, approve out -of -State travel for Pat Scully to attend a training class on Ergonomics in Chicago. H. REQUEST FOR AWARD OF BID for Vehicle Lift. Rec: By Minute Motion, award the bid for a vehicle lift to B & M Equipment in the amount of $8,250.25. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR AWARD OF BID for Consolidated Maintenance Area No. 1 (Contract No. C07400). Rec: By Minute Motion, award the bid for Consolidated Maintenance Area No. 1 (Contract No. C07400) to Valley Gardening Service in the amount of $10,500 ($875.00 per month). J. REOUEST FOR AWARD OF BID for Consolidated Maintenance Area No. 2 (Contract No. C08040). Rec: By Minute Motion, award the bid for Consolidated Maintenance Area No. 2 (Contract No. C0804Q) to Valley Gardening Service in the amount of $97,200 ($8,100 per month). K. REOUEST FOR AWARD OF CONTRACT for Street Widening and Intersection Improvements on Country Club Drive and Washington Street (Contract No. C07630). Rec: By Minute Motion, award the contract to James E. Simon Company for construction of the subject improvements in the amount of $280,335.80 plus a ten percent contingency in the amount of $28,034. L. REQUEST FOR APPROVAL of Change Order No. 1 to the Curb and Gutter and Cross Gutter Repair Program (Contract No. C07450). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $11,479; and 2) move contingency to base in the amount of $11,479. M. REOUEST FOR APPROVAL of Change Order No. 1 to the Design Contract for the Toro Peak Storm Drain (Contract No. C07070). Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C07070 for the design of the Toro Peak Storm Drain in the amount of $20,000. N. REQUEST FOR APPROVAL of Final Tract Map 27520-2 (Westinghouse Desert Communities, Applicant). Rec: Waive further reading and adopt Resolution No. 93-104 approving Tract Map 27520-2. O. REQUEST FOR APPROVAL to Purchase New Copier for the Building and Safety Department (Contract No. C08170). Rec: By Minute Motion, authorize staff to replace the Xerox 1025 copier in the Building and Safety Department with a new Xerox 5328 copier. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. FINAL SCHEDULES OF INVESTMENTS as of October 31 and November 30, 1993. Rec: Receive and file. Councilman Crites asked that Item F be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Crites, second by Kelly, the Consent Calendar, with the exception of Item F, was approved as presented by a 4-0-1 vote, with Councilmember Benson ABSENT. VI. ORAL COMMUNICATIONS - A None NOTE: AT THIS POINT IN THE AGENDA, MAYOR WILSON, WITH COUNCIL CONCURRENCE, TOOK ITEM C OF "AWARDS, PRESENTATIONS, AND APPOINTMENTS" OUT OF ORDER. C. aESENTATION OF PROCLAMATION DECLARING SATURDAY, JANUARY 1, 1994, "STEVEN CHASE DAY" IN PALM DESERT. Mayor Wilson noted that Mr. Chase was not able to attend the meeting. He read the proclamation, noting Mr. Chase's efforts on behalf of The Living Desert Reserve, including the "Wildlights - Holiday Magic in the Wild" display. He presented the proclamation to Mr. Chase's partner, Ms. Barbara Bracken. Ms. Karen Sausman of The Living Desert Reserve expressed appreciation to the Council for recognizing Mr. Chase for all of his efforts. VII. RESOLUTIONS A. RESOLUTION NO. 93-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION'S CHALLENGE TO CALEXICO EAST BORDER CROSSING AND NEW STATE ROUTE 7 PROJECT. Councilman Kelly moved to waive further reading and adopt Resolution No. 93-105. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilmember Benson ABSENT. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. RESOLUTION NO. 93-10O - A RESOLUTION OF APPLICATION BY THE CITY OF PALM DESERT REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE CHANGE OF ORGANIZATION KNOWN AS PALM DESERT ANNEXATION NO. 29 AND RESCINDING RESOLUTIONS 91-48 AND 92-97. Mr. Diaz reviewed the staff report, noting this would replace previous resolutions adopted by Council with certain conditions for the annexation; those conditions had been implemented through agreements and did not now need to be included on the resolution for annexation. Upon question by Councilman Crites relative to when this annexation will be final, Mr. Diaz responded that it was scheduled to be heard by LAFCO on February 24, 1994, and staff expected completion by the end of May or in early June of 1994. Councilman Crites moved to waive further reading and adopt Resolution No. 93-106. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilmember Benson ABSENT. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 733 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 10.48.240 TO CHAPTER 10.48 OF THE PALM DESERT MUNICIPAL CODE REQUIRING HANDICAP ACCESSIBLE PARKING. Mr. Ramsey reviewed the staff report, noting that at this time there is nothing in the Palm Desert Municipal Code addressing handicap accessible parking, and violators cannot be cited if the stalls for handicap parking are not clearly marked. He recommended that Council approve this ordinance. Councilman Snyder moved to waive further reading and pass Ordinance No. to second reading. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilmember Benson ABSENT. NOTE: COUNCILMEMBER BENSON ARRIVED AT 4:15 P.M. B. ORDINANCE NO. 734 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE NO. 630.3 AMENDING RIVERSIDE COUNTY ORDINANCE NO. 630 REGULATING THE KEEPING AND CONTROL OF DOGS AND CATS AND PROVIDING FOR THE CONTROL AND SUPPRESSION OF RABIES. Mr. Ramsey reviewed the staff report and offered to answer any questions. Councilman Snyder moved to waive further reading and pass Ordinance No. 734 to second reading. Motion was seconded by Kelly and carried by unanimous vote. 5 TEES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 731 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SUBSECTION (C) OF SECTION 9.50.075 OF THE MUNICIPAL CODE REGARDING RESCISSION OF CERTAIN MOBILE HOME RENTAL AGREEMENTS. Mr. Altman noted that there had been no changes to this ordinance since its introduction. Councilman Crites moved to waive further reading and adopt Ordinance No. 731,. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilmember Benson ABSTAINING. B. ORDINANCE NO. 732 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 4.10.060 OF THE MUNICIPAL CODE, REGARDING ART IN PUBLIC PLACES PROGRAM ALLOCATIONS, AND SECTION 4.10.040 OF THE MUNICIPAL CODE, REGARDING PROGRAM APPLICABILITY. Mr. Altman stated that this ordinance had been introduced at the last meeting and that there had been no changes since that time. Councilman Kelly moved to waive further reading and adopt Ordinance No.. Motion was seconded by Crites and carried by unanimous vote. IX. CONSENT ITEMS MELD OVER F. REQUEST FOR APPROVAL of Audited Financial Statements for Fiscal Year 1992-1993 for the City of Palm Desert. Rec: Accept and file. Councilman Crites stated that he had just received the information on this item and had not had a chance to review it. He asked that the matter be continued. • Councilman Crites moved to continue this matter to the meeting of December 20, 1993. Motion was seconded by Snyder and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. NEW BUSINESS A. PRESENTATION BY LINCOLN SCHOOL STUDENT MICHAEL J. WIENER PROPOSING A LAW THAT WOULD REQUIRE THAT CHILDREN UNDER THE AGE OF EIGHTEEN BE SEATED IN NON-SMOKING AREAS OF RESTAURANTS. Mr. Wiener, 40-959 Sonata Court, Palm Desert, addressed the Council and read his letter relative to his proposal that a law be passed requiring children under the age of eighteen to be seated in non-smoking areas of restaurants (on file and of record in the City Clerk's Office). Upon question by Councilman Crites relative to the reaction received from other cities, Mr. Wiener responded that the other cities had basically just thanked him for making a presentation and that nothing had yet been voted on. Upon question by Mayor Wilson, Mr. Erwin stated that the City did have smoking regulations and that it was possible, if Council wished, to modify the ordinance to provide for this additional regulation. He added that it would not require a public hearing. Councilmember Benson stated that when she had first received the letter, she had sent a copy to Governor Pete Wilson and to the American Cancer Society. She said she felt it was good for someone of Mr. Wiener's age to come forward. Councilman Snyder commended Mr. Wiener for his efforts, and he moved to, by Minute Motion, direct staff to prepare an ordinance amendment to include Mr. Wiener's suggestion. Motion was seconded by Benson. Councilman Crites asked that Mr. Wiener consider making a similar presentation to the Board of Directors of the Chamber of Commerce. He noted that if there is opposition to the ordinance amendment, it would come from the business community. Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council. Councilmember Benson suggested that after the Council adopts the ordinance amendment, perhaps it could be sent to the other cities in the Coachella Valley with a request that they join the City of Palm Desert and adopt similar ordinances. Council concurred. B. 1RfSENTATION BY DR. DAVID GEORGE RELATIVE TO THE COLLEGE OF THE DESERT'S PLANS FOR UNIVERSITY PARK. Dr. George reviewed plans for University Park which would bring in other upper division graduate programs from other universities or from CalState University to provide an enriched higher education environment for the Valley. He said the CalState University -San Bernardino center at the College of the Desert was doing that effectively now, but in many cases the 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * curriculum was somewhat limited. He said preliminary siting had been done as well as a preliminary drawing of a 50,000 square foot, two-story building which would house approximately 4,000 students. He noted that the reason for bringing this to the attention of the Council was because the tentative agreement the City has with CalState University -San Bernardino in terms of land and building on that land potentially impacts on that project. Dr. George stated that the College of the Desert has and continues to support the concept of a full-scale university some place in the Valley. He said he felt it was inevitable, it was needed, and it would help everyone, including the College of the Desert, ascent to a higher level of performance. However, he expressed concern with the State and/or local ability to fund such a venture at this time, and he said he was not sure it could be funded in his professional lifetime. He said the University Park was an interim step to allow them to build on much of the infrastructure that already exists or will exist because of the library. Those infrastructure resources will be able to be used to develop with the University Park concept a quasi -university in Palm Desert for the Valley relatively soon. He noted that a community survey had recently been completed for potential bond issue, and the University Park, at approximately $10 million, was the top supportable project within that survey. Dr. George added that the main idea of the University Park concept was to make sure we bring into the Valley as much of the upper -division graduate resources as possible to sustain and propel the Valley into a positive economic and social future. He said it would have to have the support of CalState University -San Bernardino and that he had recently spoken with the advisory committee about that. Upon question by Councilman Snyder, Dr. George stated that financing could be secured through local bonding mechanism, and the survey recently completed showed enough community support for such a project. Upon question by Councilmember Benson relative to drawings, he showed the site on the College of the Desert campus where this facility would be located. Councilman Wilson stated that Dr. George had made reference to the City's negotiations with the California State University system to arrange an offer to provide land for a full-blown university if and when they decide to build one in the Valley. He said the potential some day would be for a stand-alone university, and he personally did not see the City's efforts to acquire that and set it aside in conflict with the College of the Desert's plan to bring a multi University Park program together. Dr. George stated that the program concept was already there; the question was how best to build that structure and where best to build it initially. He said he felt that with the presence of a multi -agency library with a major student activity center, a lot of the infrastructure that normally goes with a university would be present on the Palm Desert campus over the next few years. He felt it would be somewhat of a tragic loss not to start off with the University Center at that point, understanding that eventually we would need to go with a major off -site university environment. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson stated that this was a two -stage proposal, one to offer 40 acres if and when they want to do a stand-alone branch campus, and then ultimately 200 acres. He said he saw that to be a negotiable item between all parties. The City would make the offer; if the College of the Desert made a better offer that would be more cost-effective, they would probably choose the College's offer. C. CONSIDERATION OF REOUEST FOR REFUND OF DELINQUENT CHARGES ON ISAAC'S LAWNMOWER SHOP (Business License No. 93-2173). Mr. Ramsey reviewed the report, noting that staff had no reason to believe that renewal notices had not been received by this business. Upon question by Mayor Wilson, he stated that a letter had been received from an attorney claiming that the renewal was late due to a City computer glitch and asking that the $75.00 be waived. This would refer to the time when the Code Compliance Department was changing from the old system to the new; however, renewal notices were still mailed out in a timely manner. Upon question by Councilmember Benson, Mr. Ramsey responded that this company had been in business in Palm Desert for four or five years. Councilmember Benson suggested that since this was the first time the company had been late and the error was partly caused by the City, perhaps the late charge should be dismissed or split in half. Mr. Ramsey noted that the company had already paid the late fee under protest and was asking for a refund. Councilmember Benson moved to, by Minute Motion, approve the refund of half of the penalty paid by Isaac's Lawnmower Shop. Motion died for lack of a second. Upon question by Councilman Snyder, Mr. Erwin responded that if Council approves the request for a refund, the potential would be there for other businesses to use that approval as a precedent. Mayor Benson asked how many other business license renewals were affected when the computer went down, and Mr. Ramsey responded that there were approximately 2,400. He added that he was not aware of problems experienced by other businesses and that there had not been any increase in the number of penalties due to the glitch. Councilman Snyder moved to, by Minute Motion, continue this matter to the next meeting and direct staff to research the matter and bring back to the Council a chronology of what took place. Motion was seconded by Crites and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report relative to cable complaints received November 5 - 29. 2. Status of Multi -Agency Library. Mr. Diaz stated that the Library Committee would meet on December 14th. He said that January 19, 1994, was tentatively scheduled for the site celebration, with the actual groundbreaking to be some time in May. Upon question by Councilman Crites, Mr. Diaz responded that staff anticipated the library would open in June of 1995. 3. Whitehawk Homes Street Vacation and Security Gate. Mr. Folkers reviewed the report and letter in the packets and said that staff would be working with the City Attorney to develop the necessary legal documentation so that the request can be honored once the annexation of that area is complete. XI. CONTINUED BUSINESS A. CONSIDERATION OF REOUEST FROM THE COUNTY OF RIVERSIDE FOR CHANGE IN MUNICIPAL ELECTION DATE TO ODD -NUMBERED YEARS (Continued from the Meeting of November 17, 1993). Mr. Altman noted the resolution in the packets and stated that Council had continued this matter from its meeting of November 17, 1993. Councilman Snyder moved to waive further reading and adopt Resolution No. 93-108, requesting the Board of Supervisors of the County of Riverside to authorize consolidation with the November election in the odd -numbered years. Motion was seconded by Benson. Councilman Crites asked whether there had been any response, pro or con, to the article in the City newsletter relative to changing the election date. Ms. Frazier responded that there had been no response to date. Councilman Crites stated that he had been concerned about voting on this since Councilmembers normally abstain from voting on matters in which they have an interest. He said he would vote in favor based on the perception that there has been no opposition from the community. He added that if there had been opposition, his vote would have been no. Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS A. PROGRESS REPORT - PALM DESERT CUP SENIOR TENNIS TOURNAMENT. Mr. Altman noted that this would be before the Promotion Committee later this week. Councilman Snyder moved to continue this matter to the meeting of December 20, 1993. Motion was seconded by Crites and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF HIGHWAY 111 WIDENING PROJECT STUDY REPORT. Mr. Folkers introduced Mr. Paul Blackwelder from the Riverside County Transportation Commission (RCTC). Mr. Blackwelder addressed the Council, noting that RCTC had undertaken a comprehensive study of Highway 111 from Palm Springs to Indio and had set a program of funding $20 million, of which $10 million was projected to be made available over the next five years. He said projects to be funded would be based on a priority system using an established criteria of costs, right-of-way availability, and the willingness of local jurisdictions to participate in their share of individual project funding. Mr. Folkers stated that the plan was to widen Highway 111 to six lanes all the way to Cook Street. He noted that a Public Involvement Meeting had been scheduled for Tuesday, December 14th, at 7:00 p.m. in order to provide information to the public relative to the improvements. Staff would then come back to Council with a report on input received at that meeting. He added that it was not staffs intention to use this project to change the frontage roads as long as they are working properly. Councilman Kelly expressed concern with losing any amount of landscaping when the improvements are made. He said he felt Highway 111 is absolutely spectacular now through Palm Desert, and he did not want to see this destroyed. Mr. Folkers stated that staff had the same concerns and that there would be no impact on the center medians; however, there would be some changes to the landscaping on the sides of the highway in some areas. Councilman Crites stated it was his understanding when the landscaping was put in on Highway 111 that Council was assured it would not have to be changed for street improvements. Mr. Folkers responded that curbs were not added when the landscaping was done; existing curbs were used. He said he felt the program would work and that concerns could be 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * mitigated. He added that the plans would be available in the Public Works Department for anyone who wished to review and comment on them. Councilman Crites moved to, by Minute Motion: 1) Direct that any impact on the landscaping on Highway 111 be minimized; 2) ask the Councilmembers to visit the Public Works Department to review the plans and give staff any additional comments; 3) authorize staff to hold a Public Involvement Meeting to receive input from the subject area's business owners/operators. Motion was seconded by Snyder and carried by unanimous vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM WHICH WAS POSTED AT LEAST 72 HOURS PRIOR TO THE CITY COUNCIL MEETING. C. REQUEST FOR AWap OF CONTRAT NO. C08050 FOR THE CONSTRUCTION OF SIDEWALKS AT WASHINGTON SCHOOL. Mr. Diaz reviewed the staff report, noting that it was staffs intention to have the sidewalks constructed during the Christmas holidays when school is not in session. Councilman Crites moved to, by Minute Motion, award Contract No. C08050 to Terry Construction and Engineering Company in the amount of $29,013.49. Motion was seconded by Kelly and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM WHICH WAS POSTED AT LEAST 72 HOURS PRIOR TO THE CITY COUNCIL MEETING. 1. CVAQ REOUE$T FOR APPOINTMENT OF CITY COUNCIL REPRESENTATIVE to MRF Task Force. Mr. Altman noted the letter in the packets from CVAG Executive Director Lester Cleveland. Councilman Crites moved to, by Minute Motion, appoint Councilman Kelly to represent the City on the MRF Task Force. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Kelly ABSTAINING. 2. Mr. Altman asked that the Council adjourn the City Council meeting to 3:00 p.m. on December 20, 1993. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), Existing Litigation (Levald v. Palm Desert; Farguharson v. Palm Desert; Palm Desert v. Reed; Shearson v. City of Palm Desert), and (b), threatened litigation, and Section 54956.8, Real Property Transactions (10 acres generally north of Country Club Drive, east of Portola Avenue, owner Peter Solomon; easement on property west of the Palm Valley Channel, south of Highway 111, owners George and Katherine Fox; property on southwest corner of Cook Street and Gerald Ford Drive, owners Richard and Tom Taylor). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o itv Council Requests for Action; 1. Master Sidewalk Plan (Councilman Richard S. Kelly). Councilman Kelly asked that staff be directed to put together a master sidewalk plan for the City of Palm Desert. He noted that he had attended a presentation at the League of California Cities Conference showing some things other cities were doing with sidewalks to encourage their citizens to walk. He said there were areas in the City that had large gaps where there were no sidewalks for 100 feet or so; i.e., San Pablo Avenue between Fred Waring and Highway 111 where people end up having to walk in the street. He said he felt it was important to have a plan with a priority list of where and when to put in sidewalks. Council concurred with direction to staff to put together a Master Sidewallc Plan for the City of Palm Desert. 2. Consideration of the City's Endorsement of the Guess Tennis Tournament. Councilman Crites moved to add this item to the Agenda for discussion by the Council. Motion was seconded by Snyder and carried by unanimous vote. Councilman Kelly stated that the Parks and Recreation Commission had recommended approval of the endorsement of this tennis tournament which will take place January 8 - 16, 1994, to raise funds for the College of the Desert tennis team. He said they had requested approval to use the City's logo on advertising. Councilman Crites moved to, by Minute Motion, approve the request and endorse the Guess Tennis Tournament to benefit the College of the Desert tennis team. Motion was seconded by Snyder and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Consideration of "Day in the Park" in the Month of April, 1994 (Councilmember Jean M. Benson). Councilmember Benson stated that this was the result of not having a SpringFest '94. She said that with such a nice park in the City, she felt the citizens should be encouraged to use it more. She noted that at the Christmas music festival in the park the previous weekend, the park was full of children. She felt that the money left over from the City's 20th Birthday Celebration should be used to sponsor a "Day in the Park". Councilman Kelly added that he felt the Music Festival was extremely successful. Councilmember Benson moved to, by Minute Motion, direct staff to work on a "Day in the Park" celebration for some time in April of 1994. Motion was seconded by Kelly and carried by unanimous vote. 4. Discussion Relative to the Possibility of Establishing a C.O.P. Program (Mayor S. Roy Wilson). Mayor Wilson stated that if Council agreed, he felt Crime Prevention Officer Brent Conley should be asked to do some research to find out where the successful Citizen on Patrol programs are located and bring back to the Council a plan that the City could administer through Officer Conley. Council concurred. NOTE: THE FOLLOWING ITEMS WERE LISTED ON AN AGENDA ADDENDUM WHICH WAS POSTED AT LEAST 72 HOURS PRIOR TO THE CITY COUNCIL MEETING. 5. REQUEST FROM COLLEGE OF THE DESERT for Appointment of City Council Representative to Multi Agency Library Development Committee (Mayor S. Roy Wilson). Mayor Wilson noted the letter in the packet. Councilman Crites moved to, by Minute Motion, appoint Councilman Snyder as the City representative to the Multi Agency Library Development Committee. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Snyder ABSTAINING. 6. PRESENTATION BY MR. MIKE DAB Seeking City Support for The Living Desert's Wild Lights Program (Mayor S. Roy Wilson). Mr. Daily addressed the Council and asked that the City get involved with the Wild Lights Program by sponsoring one the light exhibits for a three-year 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * period. He noted the proposal left with the Council earlier and offered to answer any questions. Mayor Wilson stated that the urgency was because the holiday season will be almost over by the next time the Council meets. After additional discussion, Councilman Kelly moved to, by Minute Motion, approve the City's sponsorship of The Living Desert's Wild Lights Program (Tortoises Scene) and authorize the appropriation of funds in the amount of $5,494.00 for three years from the unobligated General Fund reserves. Motion was seconded by Snyder and carried by unanimous vote. Mayor Wilson suggested that a presentation on this program be given to the Promotion Committee and that next year it be promoted in Los Angeles, Moreno Valley, etc. He said he felt this light program would bring in a lot of people to Palm Desert to shop and see the lights. Council concurred. 7. REQUEST FOR PROGRESS REPORT on Parking Lot Tree Ordinance (Mayor Pro-Tempore Buford A. Crites). Councilman Crites stated that the City had an ordinance relative to requirements for shade trees in parking lots. He said he felt the ordinance had been in effect long enough to see how the requirement is working, and he asked that staff look at several areas of the City and check it out. Councilman Crites said he also felt something should be done relative to enforcement of the tree ordinance on existing plans. He noted the area behind Redondo Don's where there are very few shade trees still alive; everything else has been allowed to die. In addition, he felt the Palm Desert Town Center was not the best example of an urban tree and forestry program. 8. REQUEST FOR PROGRESS REPORT on Resolution with the Coachella Valley Water District on the Wash Road in the Cahuilla Hills (Mayor Pro- Tempore Buford A. Crites). Councilman Crites stated that Mr. Folkers had already sent to him a progress report on this matter. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9. REQUEST FOR PROGRESS REPORT on the Intersection Improvements at Monterey Avenue and Country Club Drive (Mayor Pro-Tempore Buford A. Crites). Councilman Crites stated that when Council reviewed the proposed Walmart plans and denied the project, part of the discussion was that the City recognized the problems with this intersection. He said he would like to see within a reasonable time a report on what can be done with the neighboring City of Rancho Mirage to take care of the area. He noted there were times when people waiting to turn right cannot do so because the person stopped in front of them is waiting to go straight. 10. REQUEST FOR PROGRESS REPORT on City's Bus Shelter Program (Mayor Pro-Tempore Buford A. Crites). Councilman Crites asked that staff come back at the beginning of next year with a report on the progress being made on the City's bus shelter versus what we agreed would be done when we first allowed advertisements to be placed on the shelters. He added that there were still many places where people have to stand in the dirt while waiting for a bus, and he thought we would have shelters in all of those places. o City Council Committee Reports: 1. Councilmember Benson reported that the Convention and Visitors Bureau had recently hosted a reception at The Atrium with 300 to 400 people attending. She said it was a nice affair with lots of exhibits, and people were encouraged by the progress being made as a joint effort of all the cities. 2. Councilman Crites noted that work had begun on the Bureau of Land Management Visitor Information Center on Highway 74. He thanked Mr. Wohlmuth for his efforts. 3. Mayor Wilson asked whether the green Palm Desert City Limit sign on Highway 74 can be taken down since we now have the nice rock entrance sign. Mr. Folkers responded that the city limit sign was owned by CalTrans but said staff would discuss this with them and ask whether it could be removed. XIV. ORAL COMMUNICATIONS - B None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to adjourn to Closed Session at 5:35 p.m. for reasons stated by the City Attorney, said Closed Session to immediately follow the Redevelopment Agency meeting. Motion was seconded by Wilson and carried by unanimous vote. Mayor Wilson reconvened the meeting at 7:30 p.m., with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. BRIAN HYDE, a resident of Palm Desert, addressed the Council relative to the high rates charged by Southern California Edison for electricity. He noted that there was a gas powered air conditioner that when running does not use any electricity at all, and he felt residents in the Valley would be very interested to know about it. He said neither Southern California Edison nor Southern California Gas Company supported this product but that Pacific Gas & Electric Company in northern California had supported it. He asked that the Council take affirmative action on addressing this issue and said the only way we will get it done is through Public Utilities Commission representatives in Sacramento. Mayor Wilson stated that under the open meeting laws, the Council was not able to take action on this matter during this meeting. He asked that staff meet with Mr. Hyde to find out more about the proposal and bring it back to Council at a later time. Council concurred. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF CITY REPRESENTATIVE TO THE JOSLYN COVE COMMUNITIES SENIOR CENTER BOARD TO REPLACE MR. CLAUDE BROWNING (Continued from the meeting of November 17, 1993). Councilman Crites moved to, by Minute Motion, appoint Mr. Paul Campbell as the City of Palm Desert's representative to the Joslyn Cove Communities Senior Center Board to replace Mr. Claude Browning. Motion was seconded by Snyder and carried by unanimous vote of the Council. B. PRESENTATION OF RESOLUTION OF COMMENDATION TO MR. FRANK ALLEN FOR 19 YEARS OF SERVICE TO THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Wilson read and presented a resolution of commendation to Mr. Frank Allen for his 19 years of service to the City of Palm Desert. He added that everyone in the City would miss Mr. Allen. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. PRESENTATION OF PROCLAMATION DECLARING FRIDAY, DECEMBER 10, 1993, "STEVEN CHASE DAY" IN PALM DESERT. NOTE: THIS PROCLAMATION WAS PRESENTED AT THE BEGINNING OF THE MEETING. SEE "ORAL COMMUNICATIONS - A" FOR COUNCIL ACTION. XVM. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF DESERT CROSSING DISPOSMON, DEVELOPMENT AND IMPLEMENTATION AGREEMENT (JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor/Chairman Wilson stated for the audience that it was the intent of the City Council/Agency Board to continue this item to the meeting of December 20, 1993, beginning at 3:00 p.m.; however, a brief presentation would be made at this meeting, the public hearing would be opened, and testimony would be taken from anyone in the audience who wished to speak at this time. He assured everyone that they would have an opportunity to speak at the December 20th meeting. Mr. Ortega reported that this public hearing had been advertised at least, and documents had bee made available for public inspection for at least two weeks prior to the hearing. At the request of a member of the audience, Mr. Yrigoyen briefly reviewed the staff report. Mayor/Chairman Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was received. Councilman/Member Crites moved to continue this hearing to December 20, 1993. Motion was seconded by Snyder and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 9, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Councilmember Benson moved to adjourn the meeting at 7:45 p.m. to 3:00 p.m. on Monday, December 20, 1993. Motion was seconded by Snyder and carried by unanimous vote. ATTEST: �J MARY P. F Z R, DEPUTY CLERK CITY OF PAL DESERT 19