HomeMy WebLinkAbout1993-01-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 28, 1993
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I. CALL TO ORDER
Mayor Pro-Tem Wilson convened the meeting at 4:00 p.m., noting that Mayor Benson was on her
way back from a LAFCO meeting and would be here as soon as possible.
H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites
III. INVOCATION - Councilman Walter H. Snyder
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 (arrived at 4:10 p.m.)
Also Present;
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Ramon A. Diaz, ACM/Director of Community Development
Richard Folkers, ACM/Director of Public Works
Carlos L. Ortega, ACM/Executive Director of RDA
Paul Shillcock, ACM/Economic Development Director
Paul Gibson, Finance Director/City Treasurer
Dave Millheim, Human Resources Director
John Wohlmuth, Environmental Conservation Manager
Catherine Sass, Community Arts Manager
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 14, 1993.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 32, 33, 34
and 35.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Lorraine H. and Ronald S.
Socher for KC' Mini -Markets & Deli, 42-005 Cook Street, #110, Palm Desert.
Rec: Refer to the Department of Community Development for processing of a
Conditional Use Permit.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sizzler Restaurants
International, Inc. for Sizzler Restaurant #1644, 72-920 Highway 111, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Annalisa and Luciano
Santoro for Heavenly Diner, 77-682 Country Club Drive #L, Palm Desert.
Rec: Receive and file.
F. KNLTTES of the Riverside County Free Library Advisory Committee of October 15, 1992. O
Rec: Receive and file.
G. Ix' i r is OF RESIGNATION from Mr. Randall D. White from the Rent Review
Commission and the Planning Commission.
Rec: Accept with very sincere regret.
H. REQUEST FOR APPROVAL of Change Order No. 1 for the 1993 Community Calendar
(Contract No. C06760).
Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C06760, 1993
Community Calendar, with Touch 2 Design in the amount of $320.00.
I. AWARD OF CONTRACT for Toro Peak Storm Drain (Contract No. C07070).
Rec: By Minute Motion, 1) Authorize the Mayor to enter into a contract negotiated in
the amount of $74,700, with a ten percent contingency of $7,470, with Williamson
& Schmid for the design of the Toro Peak Storm Drain; 2) authorize the
appropriation of the contingency amount of $7,470 from the Unobligated Drainage
Fund.
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J. REQUEST 1'OR APPROVAL of California Healthy Cities Project - Reappropriation of
Funds.
Rec: By Minute Motion, reappropriate $1,500 of the $2,500 previously approved from
the general fund budget reserve for Palm Desert's Healthy Cities Project.
K. REOUEST FOR APPROVAL of Training Consortium Agreement.
Rec: By Minute Motion, approve the City's participation in the Coachella Valley
Employment Relations consortium (Contract No. C07170).
L. REQUEST FOR APPROVAL, of Parcel Map 27666 (IW-8 & IW-9, Applicant).
Rec: Waive further reading and adopt Resolution No. 93-3, approving Parcel Map 27666.
M. REQUEST FOR APPROVAL for Funding from Child Care Consortium.
Rec: By Minute Motion, approve the request and appropriate $725.00 from the
Unobligated General Reserve.
Mayor Pro-Tem Wilson asked that Item G be held for separate discussion under Section IX,
Consent Items Held Over, of the Agenda. Mrs. Gilligan asked that Item A also be held over.
Councilman Crites moved to approve the remainder of the Agenda as presented. Motion was
seconded by Kelly and carried by a 4-0-1 vote, with Mayor Benson ABSENT.
VI. ORAL COMMUNICATIONS - A
JUDGE RICHARD MARSH Chairman of the Desert Protection Fund, addressed Council and said
his organization was opposed to the Eagle Mountain Landfill. He said he would be asking each
of the Valley cities to consider making a contribution to the legal expenses in filing a CEQA
lawsuit with the courts in Indio. He submitted a letter to the City Clerk (attached hereto and made
a part hereof as Exhibit "A").
Mayor Pro-Tem Wilson stated this was not on the Agenda and was not, therefore, an item for
discussion under the Brown Act. He said the letter would be referred to the City Manager to
r..,ra.., a report for a future Council meeting.
VII. RESOLUTIONS
A. RESOLUTION NO. 93-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING RESOLUTION 76-145 BY EXP A ND I NG
THE BOARD OF PARKS AND RECREATION COMMISSION TO SEVEN MEMBERS
Mr. Altman stated that at its last meeting Council had directed staff to prepare this resolution
to increase the membership of the Parks and Recreation Commission to seven.
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Councilman Crites moved to waive further reading and adopt Resolution No. 93-4. Motion was
seconded by Snyder and carried by a 4-0-1 vote, with Mayor Benson ABSENT.
VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 704 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING APPENDIX "A" OF THE CITY'S
CONFLICT OF INTEREST CODE.
Mr. Altman noted that this was to add several positions that had been inadvertently left off
the ordinance adopted by Council at its meeting of January 14, 1993.
Councilman Kelly moved to waive further reading and pass Ordinance No. TSZ4 to second reading.
Motion was seconded by Snyder and carried by a 4-0-1 vote, with Mayor Benson ABSENT.
For Adoption;
A. ORDINANCE NO. 702 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Country Club Drive Between
Oasis Club Drive and Washington Street).
Mr. Altman stated no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Snyder moved to waive further reading and adopt Ordinance No. 2Q2. Motion was
seconded by Crites and carried by a 4-0-1 vote, with Mayor Benson ABSENT.
IX. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meeting of January 14, 1993.
Rec: Approve as presented.
Mrs. Gilligan asked that approval of these Minutes be continued to the meeting of February
11, 1993.
Councilman Crites moved to continue this matter to the meeting of February 11, 1993. Motion
was seconded by Snyder and carried by a 4-0-1 vote, with Mayor Benson ABSENT.
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VOTE: MAYOR BENSON ARRIVED AT 4:10 P.M.
G. LzL1C.rt OF RESIGNATION from Mr. Randall D. White from the Rent Review
Commission and the Planning Commission.
Rec: Accept with very sincere regret.
Mayor Pro-Tem Wilson asked that the letter, instead of accepting Mr. White's resignation
with sincere regret, congratulate him for his appointment to a judgeship.
Mayor Pro-Tem Wilson moved to accept the letter of resignation with sincere regret and also
congratulate Mr. White on his recent appointment to a judgeship. Motion was seconded by Kelly and
carried by unanimous vote.
Mayor Benson noted that she had already sent a letter to Mr. White congratulating him and
thanking him for his efforts on behalf of the City.
X. NEW BUSINESS
A. REQUEST FOR ApPROVAJ OF PURCHASE OF J. SEWARD JOHNSON SCULPTURE
TITLED "MIDSTREAM".
Mr. Altman noted the memorandum in the packets and recommended that Council direct staff
to purchase the sculpture titled "Midstream" which is located in the Civic Center Park.
Mayor Pro-Tem Wilson moved to, by Minute Motion: 1) Concur with the recommendation of the
Civic Arts Committee and direct staff to purchase "Midstream" at a price not to exceed $70,000; 2) concur
with the recommendation of the Civic Center Steering Committee to leave the sculpture in its present
location and find a vandal -resistant material to make a new fishing pole. Motion was seconded by Kelly
and carried by unanimous vote.
B. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Ortega stated he had no report this evening other than the memo in the packets
relative to cable complaints received.
Mayor Pro-Tem Wilson stated he would like to add a complaint to the list. He said
last Friday Channel 2 News from Los Angeles was switched to Channel 40 with 30
minutes of Infomercial. He said he would much prefer that the Channel 2 news was
kept on.
2. Status of Multi -Agency Library.
Mr. Diaz reported that staff had received the five-year budget from the College of the
Desert and was in the process of reviewing it. He said the attorneys for all three
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agencies seemed to be wrapping up the agreements, and staff hoped to be back to the
Council shortly with a recommendation.
XI. CONTINUED BUSINESS
A. RREOUEST FOR CONSIDERATION OF THE CREATION OF A SOFTBALL -ORIENTED
SPORTS COMPLEX TO AUGMENT EXISTING VALLEY RECREATIONAL FACILITIES
AND ATTRACT VISITORS TO THE AREA (Continued from the Meeting of December 17,
1992).
Mr. Shillcock stated that this project had been presented to Council previously. He said it
was a softball -oriented complex supported by batting cages, tot lots, etc., and was designed
to add to the spectrum of recreational facilities but also as a tourist attraction to bring people
to the Valley. He added that staff had been instructed to look at sites for the complex, and
it was subsequently determined that the best site would be the City -owned 20 acres on
Hovley. He showed a video of the proposed site, noting that because it was only 20 acres
in size, additional rL would have to be purchased to fully develop the project, and
r. , , was available both to the west and to the south of this land.
Mayor Pro-Tem Wilson asked whether the project would go all the way to Portola Country
Club. Mr. Shillcock responded that the full 20 acres would be used for the first phase but
that the developer had indicated 30 acres would be needed for the full development of the
project. He suggested that the first phase would be on the 20 acres which would go all the
way back to Portola Country Club.
He said staff was asking approval of the project and the Hovley site contingent upon
addressing any concerns of Portola Country Club. He asked that staff also be directed to put
together a financing package and bring it back to the Council within four weeks.
Councilman Kelly said he felt the concept and location were good and he would agree with
approving the idea; however, he wanted to see the financial figures of who will pay how
much and what the City's commitment will be before the project receives final Council
approval.
Mr. Shillcock stated that staff was requesting conceptual approval of the project and the site
contingent upon approval by Portola Country Club, and staff would then come back to
Council with the financial package.
Councilman Snyder stated he would rather see all of the information before approving even
the location and the first phase.
Councilman Crites said he had no objection to the developer and staff working on this site,
but he would not vote to approve the site. He said the Council would never tell a developer
yes on a site approval based on a generic drawing without a site -specific drawing in terms
of setbacks, heights, etc. He added that Portola Country Club is not the only adjacent
property to this site, although it is an important one.
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Mr. Altman recommended that staff be directed to come back with figures and details on this
specific site, and Council can make its determination at that time.
Mayor Benson asked that the report from staff include the surrounding area because there will
be a lot of impact on Portola Avenue.
Councilman Kelly moved to continue this item and refer it back to staff to address concerns
expressed by the Council. Motion was seconded by Crites with further direction to examine traffic impacts
of the project.
Councilman Wilson stated that staff had requested conceptual commitment that this is worth
investing time in, and they will bring back additional details for the Council. He said he saw
no problem with it and that this was not the first time we've seen the development. He asked
when it first when to the Economic Development Advisory Committee, and Mr. Shillcock
responded that it was about six months ago. Councilman Wilson said he did not want to see
the Council continue and continue this project and discourage something that would be an
attraction to the City. He felt Council should do everything it can to let the developer know
the City is interested in him and his project, concerned about location and the financial
aspects, but is committed to direct staff to move forward in a 4, .i„..etive way to see if we
can make sure it is an attractive deal for everyone. He said he would like to offer a
substitute motion.
Councilman Wilson moved to, by Minute Motion, direct staff to encourage the developer to come
ip with new drawings that will be site -specific, to work with Portola Country Club and other neighbors to
make sure this will be compatible, and come up with the exact financial figures necessary to give the
Council enough information to make an intelligent decision on this project, and bring the matter back to
Council in two weeks. Motion was seconded by Snyder.
Mr. Odekirk, developer of the project, said he appreciated what the Council was saying and
felt they could specifically design the project to address concerns of their neighbors. He said
they would have the f.,,, .,'.y completely fenced, with 24-hour security, and could also
address concerns about noise by the design of the stadium, which would direct noise upward.
He added that he would like to see some direction that the developer come back to Council
within two weeks because they had been working on the project for quite some time.
After further disc on, Mayor Benson declared that the intent of both motions was the same, and
she called for the vote. Motions carried by unanimous vote of the Council.
B. AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE
PALM DESERT SPORTS FACILITY (CONTRACT NO. C06860) (Continued from the
Meeting of January 14, 1993).
Mr Altman stated that staff had recommended continuance in order to get approval from the
Cove Commission. Said approval was received, and staff recommended that Council approve
this contract.
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Councilman Critetinoved to, by Minute Motion: 1) Reject the low bid by Vintage Landscape
Maintenance; 2) award the bid to Carter & Carter Landscape in the amount of $39,474.00 ( $3,289.50 per
month) Motion was seconded by Snyder and carried by unanimous vote.
Councilman Crites thanked the members of the Cove Commission and the City Manager for
getting this accomplished.
C. REOUEST FOR APPROVAL OF EXPANSION OF CONTRACT NO. C06771 WITH
BARRY GOODMAN FOR ADDITIONAL SERVICES RELATIVE TO THE
PEOPLEMOVER SYSTEM FUNDING APPLICATIONS (Continued from the Meeting of
January 14, 1993).
Mr. Altman asked that Council continue this item to the meeting of February 11, 1993.
Councilman Crites asked, given that this is now 1993 and there is a new administration, if
this was real and what were the odds of us getting anything else out of this expenditure of
$90,000.
Councilman Wilson also asked whether we could accomplish what the consultant wants to do
in-house.
Councilman Crites moved to, by Minute Motion, continue this matter to the Meeting of February
11, 1993. Motion was seconded by Wilson and carried by unanimous vote.
D. REQUEST FOR CONSIDERATION OF AGREEMENT NO. C FOR LAW
ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE
COUNTY OF RIVERSIDE (11/01/92-10/20/97). (Continued from the Meetings of September
24, October 8, October 22, November 12, December 3, and December 17, 1992).
Mr. Altman recommended approval of the contract, noting that it was held up to give the
other contract cities an opportunity to meet with the Sheriff's Department and the Chief
Administrative Officer for the County.
Councilman Wilson asked whether basically we are agreeing to the booking fees but not
retroactively, and Mr. Erwin responded that that was correct. Wilson added that it bothered
him that the County of Riverside makes money every time someone is booked.
Councilman Kelly expressed concern that we end up paying twice for booking people. We
pay the Sheriff a salary, and if he spends an hour booking someone, we then pay the booking
fee — that is paying twice.
Councilman Wilson moved to, by Minute Motion, approve Contract No. C06$90 between the City
of Palm Desert and the County of Riverside for law enforcement services. Motion was seconded by Snyder
and carried by unanimous vote.
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E. jtEOUEST fiOR APPROVAL OF AMENDMENT TO THE BYLAWS AND JOINT
POWERS AGREEMENT FOR THE PALM SPRINGS DESERT RESORTS CONVENTION
AND VISITORS BUREAU (Continued from the Meetings of November 12, December 3, and
December 17, 1992).
Mr. Altman stated that a lot of work had been done on this contract. At the last meeting of
the Joint Powers Authority, everyone unanimously agreed to move forward. He noted the
report in the packets and offered to answer any questions.
Mayor Benson added that this had a lot of discussion for the last few months to get all of the
cities' wishes in.,.,.r.,...ted. She said the feeling was that this was a better set of bylaws that
would protect the Bureau and help promote all of the cities.
Councilman Crites moved to, by Minute Motion, approve the amendment and authorize the Mayor
to execute same. Motion was seconded by Kelly and carried by unanimous vote.
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Request for Consideration of a Resolution Supporting the Concept of Ending
Unfunded Federal Mandates on Local Governments.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Kelly and carried by unanimous vote.
Mr. Altman recommended that this resolution be adopted. Mr. Ortega added that
there were federal mandates which create additional expense to the cities, and this
resolution was to support the concept of ending those unfunded federal mandates.
Councilman Kelly moved to waive further reading and adopt Resolution No. VA. Motion was
seconded by Snyder and carried by unanimous vote.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code
Sections 54956.9(a) Existing Litigation (Levald v. City of Palm Desert re: Indian Springs
Mobilehome Park), (b) Threatened Litigation, 54956.8, Real Property Transactions
(acquisition of , . r ...j in Fox Canyon west of the Palm Valley Channel and south of the
Mansur -Wilmot
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C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Artwork on El Paseo
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Wilson and carried by unanimous vote.
Councilman Crites reviewed the memorandum from Community Arts Manager
Catherine Sass relative to placement of art on El Paseo and the City providing
matching funds to install permanent pads for the exhibit.
Ms. Sass stated that the El Paseo Business Association would contribute at
least $5,000, and staff was requesting approval for the Art -in -Public -Places
Committee to appropriate monies in an amount up to $5,000 to get the
program moving forward instead of having to come back to Council at a later
date for the appropriation.
Councilman Wilson said he felt this was a worthy project for the City to get
involved with.
Councilman Wilson moved to, by Minute Motion, approve staffs request and authorize the Art -In -
Public -Places Committee's appropriation of an amount not to exceed $5,000 for the placement of artwork
on El Paseo. Motion was seconded by Kelly and carried by unanimous vote.
o City Council Committee Reports:
1. Sunline Natural Gas Buses
Councilman Kelly noted the story in this morning's newspaper relative to
Sunline working for the last three hears on a grant to purchase some natural
gas operated buses. He said this work had been successful; Sunline was
awarded a $2.175 million grant and should have delivered by next September
40 new natural gas operated buses. He said they would be able to change out
the entire fleet in one swoop and that the buses would have a new and lighter
paint design to go with the new image of clean -running buses. He added that
the air contaminants in the Coachella Valley would be reduced by over one ton
per bus, and he felt this was the greatest thing to happen in the Valley since
Measure "A" was passed.
2. Mayor Benson stated that the City had sponsored two holes in the recent
Mountains Conservancy Golf Tournament at Big Horn and that Councilman
Kelly's team had won first place. She added that one of his partners w as
Emergency Services Coordinator Ken Weller.
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XIV. ORAL COMMUNICATIONS - B
None
Councilman Wilson moved to adjourn the meeting at 4:55 p.m. to Closed Session per the City
Attorney's request, said Closed Session to immediately follow the Redevelopment Agency Meeting. Motion
was seconded by Kelly and carried by unanimous vote.
Mayor Benson reconvened the meeting at 7:00 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. MICHAEL BROWN, spoke on behalf of Palm Lake Village Apartments, 43-376 Cook Street.
He expressed concern with the closure of Cook Street due to flooding, said occupancy in the
apartments had gone down by 8% since the closure, and requested additional signage to bring
people to the building. He said he had applied for a variance and was basically told that the
variance would amount to a 3-foot by 10-foot sign. He said he was hoping for more than that and
had several options he wished the City to consider, including a temporary monument sign at Cook
and Santa Fe, directional signs that indicate the location of the rental offices, and an A -frame sign
to perhaps be placed at the northeast corner of Fred Waring and Cook Street.
Mr. Folkers responded that if everything goes well and there are no delays or rain, the road should
be opened some time tomorrow afternoon or Saturday.
Mr. Brown asloed that he still be allowed some type of ,.dry signage.
Mr. Diaz stated that staff would look at the request to see if they could assist him. He asked Mr.
Brown to call him tomorrow to discuss the situation.
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
XVM. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL, OF PM10 MITIGATION PLAN REVIEW AND
INSPECTION FEE.
Mr. Wohlmuth reviewed the staff report, noting that the Council had set this public hearing
at the last meeting when it adopted Ordinance No. /a adding a chapter to the Municipal
Code relative to control of fugitive dust. He said this resolution sets the plan review,
monitoring, and inspection fees. He offered to answer any questions.
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Mayor Benson decared the public hearing op and invited testimony in FAVOR of or OPPOSED
to this request. No testimony was offered, and she declared the public hearing gloat
Councilman Crites moved to waive further reading and adopt Resolution No. 2 setting the
review, inspection and monitoring fees for the City of Palm Desert Fugitive Dust (PM10) Mitigation Plan.
Motion was seconded by Kelly and carried by unanimous vote.
B. REQUEST FOR APPROVAL OF THE 19TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
Mr. Ortega reviewed the staff report, noting that the City would be receiving approximately
$ 115,000 for the next funding year. He said funds requested by community groups were to
be used for the benefit of low and moderate income persons. This public hearing wat to
receive requests for funding from different groups. Once applications are completed, staff
will analyze them and come back to Council with a recommendation for specific funding.
Mayor Benson declared the public hearing on and invited testimony from the audience.
MR. HUGH HARMON, Vice President of Shelter from the Storm, 73-290 El Paseo, Suite
4, Palm Desert, addressed Council and said he would be submitting a request for funding of
an outreach program in the amount of $12,500 (total program cost $118,400). He added that
this outreach program would commence in July, 1993.
MR. PAUL COLIN, Development Director for Shelter from the Storm, added that
approximately $12,500 was being requested from Palm Desert and that they would be asking
other cities to also contribute to the program.
MS. NORMA BRANSON, President of the Board of Directors for FISH of the Lower
Coachella Valley, 83-115 Requa Street, #4, Indio, stated her organization served residents
from Palm Desert eastward to the Salton Sea. She said they could use between $10,000 and
$ 12,000 but did not know what was a realistic figure to request; she added that she would
contact staff further about this.
MR. KEITH DAVIS, Alternatives to Domestic Violence, stated that his organization would
be requesting $5,000 for the next fiscal year. He added that their annual budget was
$719,000 and that they were seeking to maintain that budget and keep the current level of
service.
Mayor Benson stated that the City had received the letter from Alternatives to Domestic
Violence. She said it was considered by the Outside Agency Contribution Committee and that
Finance Director Paul Gibson would be contacting the organization.
With no further input offered, Mayor Benson declared the public hearing gloat.
Mr. Ortega noted that several other people had requested funds and that staff would . be
considering those requests as well as the ones received at this meeting.
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Councilman Crites moved to, by Minute Motion, consider the requests for use of our 19th Year
Community Development Block Grant (CDBG) funds and direct staff to work with applicants to develop
eligible projects. Motion was seconded by Snyder and carried by unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Amendment to Rent Control Guidelines
Mr. Erwin asked that this item be added to the Agenda for consideration.
Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by
Snyder and carried by unanimous vote.
Mr. Erwin reviewed his memorandum dated January 27, 1993, noting that these guidelines had
come before Council at its previous meeting. They were approved by the Rent Review
Commission and required Council ratification. He said he wanted to have the modified guidelines
in place prior to the oral arguments in the Court of Appeal on February 4, 1993, relative to
pending litigation on Indian Springs Mobile Home Park. He added that the modification would
basically allow consideration by the Rent Review Commission of any and all evidence that may
have some relevance to value on the return on investment. He noted that this was something to
be discussed with representatives of the residents of the mobilehome parks and said he would be
happy to meet with them and explain why the City feels it is necessary. If afterwards the residents
feel the City should not have changed the guidelines, the Council could then consider going back
to the way it was before.
Councilman Wilson moved to, by Minute Motion, ratify the Rent Review Commission's adoption
of Resolution No. 11RC-1, amending the Guidelines of the Mobilehome Rent Control Ordinance and direct
the City Attorney; Mayor, and a. ,,, ,,,,.;.ate people to meet with the residents of the mobilehome parks.
Motion was seconded by Crites and carried by unanimous vote.
Upon motion by Crites, second by Kelly, and unanimous vote of the Council, Mayor Benson
adjourned the meeting at 7:28 p.m.
ATTEST:
.-7//(7/6.4(.1
SHEILA R. GIL AN, CITY LERK
CITY OF P DESERT,' ALIFORNIA
13
. BENSON, MAYOR
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
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Richard Marsh, Chairman
Indian Wells
Dr. R. T. Blowers
Canyon Lake
Gregorio Cervantes Jr.
Mayor, Coachella
Steve Clute
Assemblyman, Riverside
John Coudures
Perris Valley
Amalia and Roberto DeAztlan
Bermuda Dunes
Marian Henderson
Palm Desert
John Isaacs
Mayor, Desert Hot Springs
Mike Kimbrough
Moreno Valley
Walter Laffranchini
Palm Desert
Pat and Glenda Leja
Coachella
Marcos Lopez
Mayor, Indio
Diver Meredith
Palm Desert
Tom O'Connell
Palm Springs
Jim Parkinson
Palm Springs
Joseph Sadacca
Palm Desert
Dr. Robert Stebbins
Berkeley
Dorothy Tenny
Palm Springs
Jackie Underwood
San Jacinto
Citizens for the
Chuckwalla Valley
Defenders of Wildlife
Eagle Mountain Landfill
Opposition Coalition
Natural Resources
Defense Council
The Wilderness Society
46
JANUARY 28, 1993
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LAtiust l "A"
DESERT PROTECTION FUND
73790 El Paseo, Suite B-200 • Pahn Desert, California 92260 • Phone: (619) 776-6088
January 28, 1993
Honorable Mayor and
City Council
City of Palm Desert
Re: Eagle Mountain Landfill
Dear Council Members:
A CEQA lawsuit has been filed in the Superior
Court in Indio seeking a determination that the
EIR on the Eagle Mountain Landfill was inadequate.
Gibson, Dunn & Crutcher is handling the case for
us. The lead attorney, Joel Moskowitz, is very
experienced in this field and feels we have a
strong case.
We are asking
assistance toward
is $5,000 but any
RMM/lw
the various cities for financial
the legal expenses. Our suggestion
amount would be helpful.
14
Very truly yours,
te€1,J1)''L
Richard M. Marsh, Chairman
Office: 347-4664