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HomeMy WebLinkAbout1993-10-14lNUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 14, 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 I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Mayor Jean M. Benson IV. ROLL CALL Pro= 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 Sheila R. Gilligan, City Clerk Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Director of Redevelopment Agency Paul Shillcock, ACM/Director of Economic Development Frank Allen, Director of Code Compliance Pat Conlon, Director of Building and Safety Dave Millheim, Director of Human Resources Agnes Flor, Acting Director of Finance John Wohlmuth, Assistant to the City Manager V. CONSENT CALENDAR A. MINUTES of the Adjourned City Council/Redevelopment Agency Meeting of December 21, • 1992, and the Regular City Council Meeting of September 23, 1993. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * *• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 9, 10, 12 and 13. C. Rec: Approve as presented. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jack Orville Wise for The Village Lounge, 72-795 Highway 111, Palm Desert. Rec: Receive and file. D. CLAIM AGAINST THE CITY (#231) by Michael G. Cross in an Amount in Excess of $150,000.00. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. E. CLAIM AGAINST THE CITY (#232) by Michael Vargas in an Amount in Excess of $1,106,284.46. Rec: By Minute Motion, deny the claim and instruct the City Clerk to so advise the Claimant. F. SCHEDULE OF INVESTMENTS as of September 30, 1993. Rec: Receive and file. G. RESOLUTION NO. 93-93 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (August, 1993). Rec: Waive further reading and adopt. H. REQUEST FOR ACCEPTANCE OF WORK for Civic Center Landscape Retrofit Project (Contract No. C06020). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file Notice of Completion for the subject project. I. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for a One -Ton Stake Side Flat Bed Truck. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for a one - ton stake side flat bed truck. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL Ivizzi L iG O.. i'u'nr.d 14, 1993 * * * * * * * * * s * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR APPROVAL of Agreement for Towing Services - Abatement of Abandoned Vehicles (Contract No. C07930). Rec: By Minute Motion, approve an agreement with Ted I. Dumas, T & V Towing, for towing services to remove abandoned vehicles as authorized in Palm Desert Municipal Code Chapter 10.24. K. REQUEST FOR APPROVAL of a Contract with Telecommunications Management Corporation to Conduct a Franchise Fee Audit of the City's Cable Television Franchise Fees (Contract No. C07940). Rec: By Minute Motion: 1) approve a contract with Telecommunications Management Corporation (TMC) for an amount not to exceed $6,500 to conduct a franchise fee audit of the City's cable television franchise fees; 2) approve an appropriation of $6,500 out of the City's auditing account #110-4151-415-3021 to conduct the franchise fee audit. L. REQUEST FOR CONSIDERATION of a Grant of Easement to Southern California Edison (SCE) at Ironwood Park. Rec: By Minute Motion, authorize the Mayor, on behalf of the City of Palm Desert, to execute a Grant of Easement for SCE across City -owned parcels within the Ironwood Park project. M. REQUEST FOR AWARD OF CONTRACT for Christmas Tree Installation and Storage (Contract No. C07950). Rec: By Minute Motion, award the contract (No. C07950) to The Decor Plan for the installation and storage of Christmas trees in an amount not to exceed $9,300.00. N. REQUEST FOR APPROVAL of Contract for Maintenance Services on the Electric Shuttle (Contract No. C07960). Rec: By Minute Motion, authorize the Mayor to execute a contract with Specialty Vehicles Manufacturing Company for maintenance services on the electric shuttle in an amount not to exceed $4,280.00. O. REQUEST FOR AUTHORIZATION to Distribute RFP for Support Services for Promotion Committee and Publicist Services (Contract No. C07970). Rec: By Minute Motion, authorize staff to distribute RFP to all interested parties and establish a time table for review process. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 *' * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly asked that Items I, K, and 0 be removed for separate discussion under Section IX, Consent Items Held Over. Upon motion by Crites, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. JOSEPH FRIEND, 71-434 Haleah Road, Rancho Mirage, addressed Council relative to Palm Desert Aquatics and noted their swim festival was scheduled for this coming Friday and Saturday. He thanked the City for its participation and commitment to the children in the community which helped make this event possible. He noted that several members of the team were in attendance to present each of the Councilmembers with a T-shirt. On behalf of the Council, Mayor Benson thanked Mr. Friend. She stated she felt the children would be a credit to the City of Palm Desert, and she wished them well in their swim meet. MR. BOB WOLF, 77-635 Malone Circle, expressed concern that the baseball and soccer fields behind Palm Desert High School were not being maintained properly. He asked if the Council could do something about this situation and said he and others would be willing to do the maintenance if there was not a contract already in effect. He noted he had spoken with the Public Works Department personnel who felt everything was fine as it is. Mayor Benson asked the City Manager to work with Mr. Wolf and the Public Works Department to see what can be done to take care of this situation. Council concurred. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 728 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 9.50.075 TO THE MUNICIPAL CODE REGARDING FORCED EXEMPTION OF RENTAL AGREEMENTS FROM MOBILE HOME RENT REVIEW LAW AND AMENDING SECTION 9.50.120 OF THE MUNICIPAL CODE REGARDING DISCRIMINATION AND RETALIATION. Mr. Erwin stated that this was a modification to the City's Mobilehome Rent Control Ordinance. He said the City had been made aware over some time, although it is still in litigation, that new prospective tenants in mobilehome parks were on occasion required prior to entering into any tenancy in that park to sign five-year leases. This effectively takes them 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * out of the control of the Mobilehome Rent Control Ordinance by its terms. This ordinance is a modification of the existing ordinance and would prohibit the requirement that a lease be entered into as a precondition to tenancy in mobilehome parks within the City of Palm Desert. Councilman Crites stated that the City had chosen not to act in the past because there was not any case law on this matter, and he said it was his understanding that now we have some initial decisions supportive of this amendment. Mr. Erwin agreed. Councilman Crites moved to waive further reading and pass Ordinance No. 2$ to second reading. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Mayor Benson ABSTAINING. Mayor Benson stated she had abstained from voting because she lives in a mobilehome park within the City. For Adoption: A. ORDINANCE NO. 727 - AN ORDINANCE .OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 3.40.010 AND 3.40.050 PERTAINING TO THE EL PASEO PARKING AND BUSINESS IMPROVEMENT AREA. Mr. Altman stated that there had been no changes since introduction of this ordinance, and he recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 222. Motion was seconded by Kelly. Councilman Wilson stated that Council had directed that staff put together a group of El Paseo merchants to look at the fee structure, and he asked whether this was moving ahead. Mr. Shillcock responded that this was being done. IX. CONSENT ITEMS HELD OVER I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for a One -Ton Stake Side Flat Bed Truck. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for a one - ton stake side flat bed truck. Councilman Kelly asked whether this would be a natural gas operated vehicle. Mr. Folkers responded that it would. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for a natural gas powered one -ton stake side flat bed truck. Motion was seconded by Snyder and carried by unanimous vote. K. REQUEST FOR APPROVAL of a Contract with Telecommunications Management Corporation to Conduct a Franchise Fee Audit of the City's Cable Television Franchise Fees (Contract No. C07940). Rec: By Minute Motion: 1) approve a contract with Telecommunications Management Corporation (TMC) for an amount not to exceed $6,500 to conduct a franchise fee audit of the City's cable television franchise fees; 2) approve an appropriation of $6,500 out of the City's auditing account #110-4151-415-3021 to conduct the franchise fee audit. Councilman Kelly stated that since we are going to have an audit, we should also deal with the problem of gated communities paying lower rates than regular customers, which then means that the regular customers are subsidizing those gated communities. He felt this was not fair. Councilman Wilson stated that he thought the new Cable Act reregulation addressed this problem. Mr. Ortega noted that the Cable Act does allow us to regulate those rates even where they are under contract. One of the provisions of the Act is that they can have lower rates; however, those rates must be uniform within the same type of service. In addition, the company is required to submit a list of rates and charges for the various services; when those rates are submitted, the City needs to make sure there is no cross subsidization happening such as giving one service away and then charging it to others. Councilman Kelly asked whether this was part of the audit, and Mr. Ortega responded that it was not because it was something the City itself could do by sending someone into the office to actually look at records. Councilman Kelly asked whether the Council could have a report about what prices they have for other customers, and Mr. Ortega responded that staff would get that information. Councilman Crites stated that the Council had received copies of a letter sent to Colony by an angry rate payer. He said he agreed with the issue in the letter that everyone is subsidizing that company by having to prepay their bill by three months; if you don't choose to prepay their outrageous rates, they charge you for a late payment before you've ever had the service. He said that if any other company did that, we would run them out of town. He stated that Colony ought to be paying interest on all of the literally hundreds of thousands of dollars that they set and collect before they have to even provide the service. He felt this was completely wrong. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega responded that last year there was a change of companies from Palmer to Colony. There was a request made of this Council that we allow the transfer of the franchise. Staff recommended that the transfer be allowed pursuant to certain conditions; that was one of the conditions that staff recommended. The Colony Cablevision manager effectively argued against that, and as a result that condition was not implemented. Councilman Crites asked whether staff could go to Colony and get that situation fixed. Mr. Ortega responded that staff would do so. Councilman Kelly moved to, by Minute Motion: 1) approve a contract with Telecommunications Management Corporation (TMC) for an amount not to exceed $6,500 to conduct a franchise fee audit of the City's cable television franchise fees; 2) approve an appropriation of $6,500 out of the City's auditing account #110-4151-415-3021 to conduct the franchise fee audit. Motion was seconded by Snyder and carried by unanimous vote. O. J EOUEST FOR AUTHORIZATION to Distribute RFP for Support Services for Promotion Committee and Publicist Services (Contract No. C0797Q). Rec: By Minute Motion, authorize staff to distribute RFP to all interested parties and establish a time table for review process. Councilman Kelly stated he had asked that this be removed because he did not get the last communique about this matter. Mr. Altman stated that this had been withdrawn and that no Council action was required. X. NEW BUSINESS A. BEOUEST FOR CONSIDERATION OF MANDATORY SEWER CONNECTION PRIOR TO PROPERTY SALE. Mr. Conlon reviewed the staff report and offered to answer any questions. Councilman Crites agreed that sewers would be better for water quality, etc., but expressed concern with the price ranges. He felt $1,200 might be a reasonable amount but felt $8,000 might cause problems for some people and could conceivably put a home into receivership if the owner does not have that amount of money to pay before even putting the home on the market. Mr. Conlon stated that staff had discussed the possibility of assistance from the Redevelopment Agency for those people who do not have the equity to hook up to the sewers, and these loans would be repaid to the City at the time of sale. He added that it was doubtful the City would loan money to property owners who do not have equity built up on their 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * a * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson asked whether it would be possible to have this cost be part of the costs at the close of escrow; perhaps the hookup could take place and be paid out of the escrow monies. Mr. Conlon responded that this was something that could be built into the program, that the hookup would be done prior to close of escrow, with the funds to come out of escrow proceeds. Upon question by Mayor Benson, Mr. Conlon responded that this mandatory sewer connection would apply only to those homes where the sewers are accessible; if not accessible, they would receive a certificate of exception. Mr. Ortega noted that the redevelopment plan for the Palm Desert Country Club area had a project to complete all previously unsewered areas. He said some of the older areas were still without sewers, but that is a project the Redevelopment Agency has agreed to undertake. Mr. Conlon added that staff would put together an exhibit to the ordinance which would list all of the parcels not hooked up to sewers but within the older neighborhoods. Once the annexation of Palm Desert Country Club is complete, staff will come back with an amendment to the ordinance and a list of parcels in that area. Upon question by Councilman Crites, Mr. Conlon stated that the certificate of exception would be temporary, for no longer than three years. After that time, staff would go back and look at all of those parcels to see why they have not been done. He added that the cost for a certificate of exception would be $25.00. Councilman Snyder stated he felt this was a good idea and that staff had done a good job; however, he expressed concern that there are citizens who have lived in their homes for many years, and now we are going to charge them $25.00 for a certificate of exception because there is no sewer hookup in their area. Councilman Crites agreed. Mr. Conlon responded that the fee could be waived if the Council wished. He stated he would revise the ordinance to take out the certificate of exception and bring it back to Council prior to the first public hearing. Councilman Wilson stated he felt it should come back and that Council should look at how many parcels we're talking about. Councilman Crites added that he would like to see something with regard to a financial hardship clause. He said this should not end up preventing, for example, an elderly person from being able to sell their home, etc. With Council concurrence, staff was directed to revise the ordinance in accordance with concerns raised and bring it back for Council to look at prior to scheduling a public hearing. 8 11d MUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * s * s * * * * * s * s s * * * * * * * * * * * s * * * * * * s * * * B. CONSIDERATION OF REOUEST FROM THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE CITY TO TAKE A POSITION ON PROPOSITION 172, LOCAL PUBLIC SAFETY PROTECTION AND IMPROVEMENT ACT OF 1993. MR. TOM DESANTIS, Public Information Officer for the County of Riverside, addressed Council relative to this matter. He showed a slide presentation and asked that the City support Proposition 172, which he said would not cost taxpayers any additional money. He added that it would direct existing sales tax proceeds to support local public safety programs. Councilman Crites noted that assessed valuation that the citizens of Palm Desert pay on brings in about $42 million per year in tax, and the City of Palm Desert only receives approximately $700,000 back, which is less than 1 %, and this is because the County of Riverside refuses to split taxes in a equitable way for us. He added that the County has refused to even come and sit down to discuss it with the City of Palm Desert. Mr. DeSantis stated that this was not just a County issue, and this is the only option they have to preserve the basic services provided to all residents of the County. Councilman Wilson stated that Mr. DeSantis was correct that public safety is becoming an extremely important issue as crime is escalating, and this is a matter of protecting what we have or cutting back drastically. He said he was appalled by the Desert Sun article stating that 70% of the callers opposed this proposition. Councilman Wilson moved that the Council go on record urging the citizens of Palm Desert to support Proposition 172 and support law enforcement. Motion was seconded by Kelly and carried by unanimous vote of the Council. C. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to complaints received from September 14 through October 4, 1993. 2. Status of Multi -Agency Library. Mr. Diaz noted that the library was moving along. He said clearance had been received from the Office of the State Architect. He said there were some problems as far as shelf distances, but that had been worked out. He noted the next committee meeting was scheduled for November 2nd, and staff looked forward to a day when we can break ground on this facility. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Kelly relative to the art, Mr. Diaz responded that the art component was proceeding. He said he would make a suggestion to the committee that perhaps the chairperson of the Art -In -Public -Places Committee should attend the meetings along with a staff person to have a better exchange of ideas. He said he would also suggest at the November 2nd meeting that representatives from the County Library and College attend Art -In -Public -Places Committee meetings. Council concurred. XI. CONTINUED 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 (Continued from the Meetings of August 26 and September 23, 1993). Mr. Diaz reviewed the staff report and recommended moving forward with the amendment to the Municipal Code relative to the definition of "fast food restaurants". He noted that it would have to go to the Planning Commission first because it will require a Zoning Ordinance amendment. He said that in the meantime, staff would implement the proposed definition for this particular development. Councilman Snyder moved to, by Minute Motion, approve the proposed definition as submitted by the City Attorney. Motion was seconded by Crites and carried by unanimous vote. At the request of a member of the audience, Mr. Erwin read the proposed definition as follows: "A 'fast food restaurant' is a restaurant that sells and serves food products primarily over a counter rather than by waitress or waiter, packages its food in wrappers, boxes or cartons regardless of whether the food is consumed on or off the restaurant premises and sells a substantial majority of its food products on a take-out or a to -go basis. Delivery by restaurant personnel outof the premises does not in and of itself constitute a fast food or take-out restaurant." B. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH THE CITY OF INDIAN WELLS FOR THE CONSTRUCTION OF THE TORO PEAK STORM DRAIN, CONTRACT NO. C07920, (CONTINUED FROM THE MEETING OF art it tvIBER 23, 1993). Mr. Altman asked that this matter be continued to the meeting of November 18, 1993. Councilman Crites moved to continue this item to the meeting of November 18, 1993. Motion was seconded by Snyder and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR CONSIDERATION OF FRED WARING DRIVE IMPROVEMENTS (Continued from the Meeting of September 23, 1993). Mr. Diaz reviewed the three staff reports in the packets and staff's recommendation that Fred Waring Drive shall remain a four -lane street, that in 2004 be revisited to determine if widening is warranted at that time, and that staff meet with residents and look at the acceptability of installing pedestrian walkways on the north side of Fred Waring. He noted that with regard to the Coachella Valley Area Transportation Study and funds that have been allocated for future street and traffic improvements, Fred Waring is scheduled for the year 2002 or 2003. In terms of funding that will be available, he said we will be right in line for funding at that time. Councilman Crites asked whether that meant that none of the other cities had plans in the next 10 years for this, and Mr. Diaz agreed. Upon further question, Mr. Diaz reviewed the costs as noted on pages 4 and 5 of the Redevelopment Agency report. MR. COREY BARBEAU addressed Council and stated that staff had been directed by the Council to find out what it would cost to purchase those r. „r Les on Fred Waring Drive. He said he did not care what was going to be done to the street and that the City would be holding the citizens on Fred Waring hostage for the next 10 years; he noted that he could not sell his house because of this whole situation. He said they had not asked for sidewalks; they had asked the City to buy their homes. He added that the City had devalued his house by letting it be known that Fred Waring Drive will be a freeway. He stated his home had been appraised at $114,000 earlier in the year, and now the report says the homes are valued at S99,000 at the high end. He asked where the appraisals had come from that were in the report. Mr. Ortega responded that the report indicates that each house has not been specifically appraised. He stated that when Council asked whether the homes could be appraised, the answer was no because there was not enough time. Staff looked at actual sales of homes and asked real estate brokers what sales were in that area. Mr. Diaz added that the report indicates the City will not be changing the street for the next 10 years, and full market value would have to be paid for the homes at that time if the City were to purchase them. Councilman Crites stated that at that time, the City would look at the situation and choose to either do something or not. He added that there were a number of other places all over the City that at some point, given traffic and money, we may have to go in and purchase, such as Portola Avenue, cook Street, Country Club, Monterey Avenue, etc. He asked whether anything would be considered on those streets in the next 10 years. Mr. Diaz responded that in all probability something may happen; however, there would be hearings before anything is done. 11 MINUTI!.S REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Atgrt MR. RICHARD FULLER, 74-072 Fred Waring Drive, stated he believed the Council was attempting to come up with a solution that will benefit everyone. He said he had always seen positive responses at each of the Council meetings; however, after each meeting and after staff had been given direction, it seemed as if the "train was always derailed somewhere". He said certain Councilmembers had asked for certain things to be done, such as determining the feasibility of purchasing the homes on Fred Waring Drive, but staff comes back with something different. He said he had watched his home be devalued without any consideration of what the people on that street think. He said they wanted to know if the City would purchase their r. „r tJ and use the homes as part of the City's affordable housing program until such time as the street needs to be widened. He added that putting in sidewalks would devalue his home even more. Councilman Crites stated that one of the reasons people came in to talk about this was concern about the safety of children on the sidewalks, accidents in the street, etc. The situation with the purchase of the homes was a separate issue. However, he said staff was instructed to look at purchasing the homes; the cost would be approximately $4,705,000. MR. ERIK LARSEN stated he felt the $4,705,000 asgsment was not correct for the purchase of the property in that area. He said staff was directed to look at the purchase of homes between Florin and Portola on the north side of Fred Waring Drive, not the other issues raised in the report. He noted that there were only 24 homes, and at an outside base of $100,000, that would only be $2.4 million to purchase all of them. Councilman Kelly stated that perhaps the question Council should be asking is whether we have need for some additional single-family affordable housing; he said he imagined most of the people do not want to sell their homes. Mr. Ortega stated that as far affordable housing, there is a need for additional single-family affordable housing, and the report indicates there were 24 home sites on Fred Waring Drive between Florin Avenue and Portola Avenue. • MS. VERA MILES, Erik Larsen's mother, 74-266 Fred Waring Drive, addressed Council and stated she and her son had purchased their property nine months ago because they liked it and it was close to medical facilities, etc. She said their original hope was that the speed limit on Fred Waring Drive be enforced and that some day there would be some type of restriction as far as the size of trucks permitted on that street. She added that the impact of the street now is almost unlivable. Councilman Wilson stated that Highway 111 was a parallel street, and he asked staff if there was a way to restrict the truck traffic on Fred Waring Drive to no larger than the size of a pickup truck, with the larger trucks using Highway 111. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers responded that there would have to be some type of rationale for doing so and that Fred Waring Drive was considered a major arterial street. He said the hours could be restricted but he did not think the weight of the trucks could be restricted. Mr. Erwin added that he could look into it, but he did not hold out much hope that it could be done. Councilman Wilson stated that it did not seem to him to be an unreasonable request that large trucks use Highway 111 instead of Fred Waring Drive if it could be legally done, and he asked that staff look into this; he felt it might mitigate some of the problems. MR. CHARLES TAYLOR, 74-170 Fred Waring Drive, stated that the quality of life had decreased on Fred Waring Drive. He said he had been in his home for approximately seven years, and traffic had increased a lot during that time. He said he did not allow his children out to play in the front, and the mailman had indicated he was afraid to deliver the mail to the homes on Fred Waring because of the traffic. He noted that his house shakes all the time and has cracks in it from the trucks that constantly go down the street. He said if there was a need for housing, he would be willing to sell his home. Councilman Crites asked Mr. Taylor if it was his perception that living on Fred Waring Drive was not healthy for children. Mr. Taylor agreed, and Councilman Crites went on to say that if it is not good enough for Mr. Taylor, why would the City want to put someone else there? MR. MUHAMMED WASSIF spoke on behalf of Lillian Whitlock, 74-166 Fred Waring Drive. He said with regard to trying to find out within 10 years what will happen, it is clear that the traffic will increase more and more, and the City must provide for it. He added that in this area, from Portola Avenue to Deep Canyon, no one at any time can have any visitors who can come and park their vehicles right in front of the homes. In addition, if you wish to have a garage sale, the police come and tell you to get the cars out. He said he felt something needed to be done now. MR. MIKE MANDICK, 74-206 Fred Waring Drive, stated he had purchased his home for resale. He said he had already fixed it up on the inside and was now working on the outside of the home. He noted he had refinanced it five months ago but had put a hold on putting in the front yard until he finds out what is going to happen. He stated that if a wider sidewalk is put in, he would probably not be able to open his garage without hitting someone. Councilman Crites asked Mr. Mandick whether he would want to continue to live there. Mr. Mandick responded that he would wish to continue living in his home. He said they were aware of the street when they purchased the home. If the street were left alone, he would fix his front yard, but if the City is going to change it, he would prefer to know that now. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Larsen stated that at the August 26th meeting, the subject of using the area as a linear park was brought up. He said he felt this would raise the property values on both sides of the street if landscaped and dealt with nicely; it would increase values even more than renting the homes out and using them as income property. MR. RAY BRYCE, 74-240 Fred Waring Drive, asked Mr. Ortega to continue his comments about affordable housing. Mr. Ortega stated that the question was whether we need additional affordable single-family housing, and the answer was yes. With regard to whether these homes can be purchased using low and moderate income funds, the answer was also yes, but it was not a currently budgeted project. Mr. Bryce stated that he would oppose a wider sidewalk, and if homes are being purchased, he would be willing to sell if there are going to be changes to the street. He also asked if there were plans in the next two years or so to change the area to commercial property for businesses such as podiatrists, etc., and he felt this would not create additional traffic. Councilman Crites asked Mr. Bryce if he would want to continue living there if there was no sidewalk change and if in the next 10 years nothing would be done on that street or others. Mr. Bryce responded that if he was offered what his house was appraised for a year ago ($116,000), he would be willing to sell the property. He said he was not allowed to run his counseling business from his home and had trouble renting the house because of the traffic; however, if the City were to allow him to run his business from his home, he would prefer to keep it. Councilman Wilson asked whether there had been any thought given to changing the type of curb and putting in a standard curb that would perhaps add a little additional safety to the sidewalks. Mr. Folkers responded that staff had looked at this; however, if this was to be done, we would have to move further towards the homes because of the face of the curb. He said we would have to go with eight inch curbs, and the only way to compensate would be to move further back on the property and put in more sidewalk. He noted that currently the sidewalk is four feet wide. Mr. Wassif suggested that the Council acquire these properties now and completely change the outlook of the area and change the zoning to park or commercial. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson noted there were several issues; i.e., whether or not to determine not to widen Fred Waring Drive in the next 10 years and what to do with the street. Councilman Wilson moved to, by Minute Motion, accept staffs report and guarantee to the residents that we will not widen Fred Waring Drive to six lanes within the next 10 years. Motion was seconded by Snyder and carried by unanimous vote of the Council. Upon question by Mr. Fuller with regard to this motion being reversed, Mr. Erwin noted that this was a determination made by this particular City Council, and there was always the possibility that future Councils might change that decision. Councilman Wilson stated that this City Council assures that it will not address making Fred Waring Drive a six -lane road in the next 10 years; however, it cannot assure what someone else will do in the future. He added that the Council now needs to address the next step and look at how the problems can be solved. Mr. Larsen addressed Mr. Erwin and stated that when a home is sold there can be nothing that is sold without full disclosure to the purchaser relative to any easements, encroachments, or future possibilities that would have a detrimental effect on property value. Mr. Erwin responded that this was a requirement on the owner of a selling it to someone else and had nothing to do with the City Council. Mr. Diaz stated that the City was in the middle of a General Plan update now, and it will show Fred Waring Drive as a four -lane road. Before anyone can widen that road, it would be necessary to hold a public hearing to amend the General Plan, and it would take at least two years for another Council to do that. Councilman Kelly suggested holding this item until the 7:00 p.m. portion of the meeting in view of the time and the fact that there were still things that needed to be discussed. Councilman Wilson agreed and stated that the Council had difficult decisions to make that would take some time. Mayor Benson suggested that the Council sit down with residents to see what can be done in this situation. Councilman Crites stated he had not heard anyone agree to the additional six feet of sidewalk, and he said he would not be comfortable doing something with that kind of impact. Councilman Wilson agreed that there needed to be another meeting to discuss this but felt staff needed direction. He agreed with Crites about the sidewalk and felt staff should be given direction that a six-foot sidewalk will not fly in that area. In addition, he said he would like for staff to look at the issue of whether we can legally route trucks onto Highway 111 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * from Fred Waring Drive. He said he would like to see some kind of schematic of what an eight inch curb straight up would take out of a property if we had to push the sidewalk back to make that happen. Councilman Snyder said he felt the City should not do anything to the 2,.:,.::es there now. He agreed with Councilman Wilson that staff should look at the curbs and other issues. He felt the residents of Fred Waring should also be invited to contact staff and give their input as far as what they think could be done to the street to solve the problems. Councilman Crites said he felt staff should still look at the issue of affordable housing. With regard to decreased property values, he noted that it was not just something happening in this area; he said his own home had decreased in value approximately S45,000. Councilman Wilson' suggested that a Study Session be scheduled and that residents of Fred Waring between Portola Avenue and Deep Canyon be invited to join the Council in the Administrative Conference Room, bring their ideas to solve the problems, and discuss possible solutions. With Council concurrence, staff was directed to schedule the Study Session for 4:00 p.m. on Thursday, November 4, 1993, in the Administrative Conference Room. NOTE: THE REMAINDER OF THE AGENDA WAS DISCUSSED AT THE 7:00 P.M. PORTION OF THE MEETING. XII. OLD BUSINESS A. REOUEST FOR AUTHORIZATION TO RELEASE PAYMENT TO AMATO, LEWINTER & ZOLT FOR REIMBURSEMENT FOR SERVICES RELATED TO PALM DESERT MUSIC SHOWCASE 1993. Mr. Altman noted the report in the packets from Mr. Shillcock and offered to answer any questions. Councilman Crites moved to, by Minute Motion, authorize staff to release the check for payment to Amato, LeWinter & Zolt for reimbursement for services related to the Palm Desert Music Showcase 1993. Motion was seconded by Kelly and carried by unanimous vote. B. CONSIDERATION OF REQUEST FOR DEFERMENT OF SUBDIVISION FEES - TRACT 26412 (HOUSLEY ASSOCIATES, INC., APPLICANT). Mr. Altman asked that Council continue this matter to November 18, 1993. Councilman Crites moved to continue this item to the meeting of November 18, 1993. Motion was seconded by Snyder and carried by unanimous vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RM. REPORTS AND REMARKS A. CITY MANAGER 1. Southwest Museum Mr. Altman noted that this item had come up after the Agenda was posted. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Kelly and carried by unanimous vote. Mr. Altman reviewed his memorandum dated October 14, 1993, and introduced Mr. Lon Rubin and Mr. Tom Wilson. MR. RUBIN, Palm Desert Golf Partners, 77-570 Springfield Lane, Palm Desert, noted that this museum would be part of the entire project in the City's North Sphere Section 4. He stated that Southwest Museum was the oldest museum in the Los Angeles area with native American Indian materials. He said it would be good for the museum to be located in Palm Desert because it would affiliate a quality city with a quality museum. He added that it would be located directly across from the Marriott Hotel in the Desert Springs Marketplace. MR. TOM WILSON, Executive Director of Southwest Museum, reviewed the Request for Proposal process wherein they selected the City of Palm Desert in which to open their second museum. He said the Museum could offer major resources in the arts and humanities; in addition, the Museum would also be a major educational facility that would work with other educational facilities in the Coachella Valley. He stated that approximately 35,000 children went through the Los Angeles facility each year, and he offered to give guided tours of that facility to the City Council. Councilman Wilson asked what was being recommended as far as the City's financial participation at this time. Mr. Altman responded that the feasibility study would cost approximately $100,000, with the City paying one half ($50,000) and the Bishop Trust paying the other half. This study would determine the economic feasibility of locating the Museum in this area and would also determine the fund raising capabilities. He asked that the Council authorize the expenditure of up to $50,000 and authorize the City Manager to respond back to the Museum. He added that this would also give the City of Palm Desert the exclusive right to negotiate with the Museum and would allow us to go public with it. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Rubin stated that the trustees of the Museum had formed a special committee to work on this, with the objective to raise the bulk of funds in the community. He stated that the idea was for the community to own the Palm Desert facility, not for it to be a gift, and the hope was that citizens would work as docents and volunteers in the Museum. Councilman Kelly moved to, by Minute Motion, approve the expenditure of an amount not to exceed S50,000 for the feasibility study for the Southwest Museum. Motion was seconded by Benson. Councilman Wilson asked whether this project would still go ahead as part of the shopping center if something happens with the golf course project where it dies. Mr. Altman responded that this would be the case. Councilman Snyder expressed concern that this was the first he had heard of this facility, and he felt he did not know enough about it at this point. He asked whose land it would be on and how it would be handled. Mr. Altman responded that the land belonged to the Bishop Trust. He added that all of the specific details would come out in the feasibility study. Mr. Rubin stated that the only commitment the City of Palm Desert and the Bishop Trust were being asked to make was $50,000 each for the feasibility study to determine the cost of the museum, etc. Mayor Benson called for the vote. Motion carried by a 4-0-1 vote, with Councilman Snyder ABSTAINING. 2. Mr. Altman reminded the Council that it needed to adjourn this meeting to 3:30 p.m. on Tuesday, November 2, 1993, to discuss the financing aspects of the Sports Complex project. Upon question by Councilman Wilson, Mr. Altman responded that the meeting would be just to discuss the finances and that this needed to be talked about prior to discussing the project itself, which had been called up by Councilman Kelly. Mr. Erwin noted that the City Council would meet in a regular meeting on October 28, 1993, and he suggested, instead of adjourning this meeting, that the Council adjourn its October 28th meeting to November 2nd. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9(a), pending litigation (Palm Desert Greens v. City of Palm Desert; City of Palm Desert v. Refco and Iowa Trust), and Section 54956.8, Real Property Transactions (Acquisition of property on Country Club Drive currently owned by Western Community Developers). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. REQUEST FOR COUNCIL DIRECTION Relative to Sunline Regulation of Taxicab Service (Mayor Jean M. Benson). Mayor Benson reviewed the request from the CVAG relative to whether CVAG's members want it to be involved in studying the taxicab regulation issues. She noted that Code Compliance Director Frank Allen had prepared two reports, which were in the packets, recommending continued support of the regulating and issuarfce of taxicab permits by the Sunline Transit Agency and formation of a task force committee to review the regulations and rates from time to time and to render decisions on complaints received from the general public and taxi operators. Councilman Kelly stated that as a - representative to Sunline, he had been appointed to the Taxi Committee. He said this had gone through a long and tedious process to put together the program that is in effect today. He added that many meetings had been held with all Sunline Board Members and that the taxicab operators had many meetings with Sunline staff to give their input. Mayor Benson asked whether there was an appeals board that the operators can go to if they do not like what is going on. Councilman Kelly responded that there was an appeals board and that he was a member of same. He noted there were certain rules and regulations as well as fines associated with breaking those rules and regulations. He stated that Sunline was a Joint Powers Authority with representatives from each of the cities. CVAG is also a Joint Powers Authority, and he said this would mean that one Joint Powers Authority would be investigating another, which he felt was a very peculiar arrangement. Councilman Crites stated that he did not see any reason for the City Council to officially sanction opening this issue back up just because someone is unhappy, and he moved to, by Minute Motion, not support the request. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Wilson stated that the complaint he saw was that Sunline was more bus oriented instead of cab oriented, and these are two different types of transit — public and private. Councilman Kelly stated that because Sunline already has supervisors out on the road, they can take care of both buses and cabs at the same time. Councilman Wilson seconded the motion by Crites, and it carried by a 4-1 vote, with Mayor Benson voting NO. 2. Change of City Council Election Date Councilman Crites asked that this item be placed on the Agenda for discussion as one which arose after the Agenda was posted. He noted that the County of Riverside had requested that the cities change their municipal election dates to odd numbered years. He stated that in the memorandum to the City Council from the City Clerk, there was a suggestion that input be obtained from the community as to whether this is a good idea or not. He said he felt this should be done but that Mayor Benson had disagreed. He felt the Council should decide this issue before placing the actual election date change item on an Agenda. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Wilson and carried by unanimous vote. Councilman Crites stated that it did not matter to him which groups in the community were asked for input on the election date change; however, he felt the City should make an effort to make sure various organizations in the City know the Council is considering this and that they are allowed to share their points of view. Councilman Wilson asked whether all cities and special agencies have to agree to change their elections before it can actually happen of whether it would be allowed on an individual city/agency basis. Mrs. Gilligan stated that the way it was explained by the Registrar of Voters, Mr. Frank Johnson, in order for him to guarantee that each municipality would save 50% to 55 % in election costs, 100% of the agencies asked to change would have to agree to do so. She noted that Mr. Johnson had originally said he would not take this issue to the Board of Supervisors unless he had 100% of the agencies agreeing; since that time, however, he had indicated he felt that any city changing its election date would reduce the workload on his department, but he would not be able to guarantee the amount of savings. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr.,zintIG OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Wilson, Councilman Crites responded that he felt the Palm Desert Chamber of Commerce, the Senior Center, and the El Paseo Business Improvement Area Board should be asked for their input. Mayor Benson said her concern was that these groups would not have enough information to know what they are commenting on. Councilman Crites stated that the City could provide sufficient information for them to respond, and Councilman Kelly agreed. Councilman Wilson stated he would also like the input. He suggested either a well worded letter or that an ad hoc advisory committee be put together with representative of each of those groups to discuss the issue and provide input to the Council. Councilman Wilson suggested that staff prepare a letter that spells out the issues, both pro and con, and ask representatives of the different groups to respond. Mr. Altman suggested the letter indicate that the County has requested that the City Council change its election date, include the reasons why, and ask that the groups respond if they have comments. Council concurred. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Benson recessed the meeting at 6:25 p.m. for dinner. She reconvened the meeting at 7:15 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION NOTE: ITEMS UNDER OLD BUSINESS AND REPORTS & REMARKS WERE DISCUSSED FOLLOWING AWARDS, PRESENTATIONS, AND APPOINTMENTS. PLEASE SEE THOSE SECTIONS OF THE MINUTES FOR COUNCIL DISCUSSION AND ACTION. XVI. ORAL COMMUNICATIONS - C None 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF 1993 EMPLOYEE SERVICE AWARDS: ROCHF,-T.F FLEISHER, PAUL McEACHERN, GERARDO ZATARAIN, JANET MOORE, DONNA D11 1 e1C, PEDRO RODRIGUEZ, GIRARD FUNAKOSHI, AND SEYED SAFAVIAN - FIVE YEARS OF SERVICE; FLORENTINO ZAMORA, JOE ARTHUR VALDEZ, MANUEL DE LA GARZA, BRUCE ALTMAN, AND MARY FRAZIER - 10 YEARS OF SERVICE; LINDA OSBORN - 15 YEARS OF SERVICE. Mayor Jean Benson, City Manager Bruce Altman, and Human Resources Director Dave Millheim presented the 1993 Service Awards to the subject employees. They thanked the employees for all of their efforts on behalf of the City of Palm Desert. XVI J. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR AN INTERMODAL RAIL STATION, INCLUDING A 9,800 SQUARE FOOT PLATFORM, A 6,000 SQUARE FOOT STATION BUILDING, AND TWO ACRES OF PARKING ON FIVE ACRES WEST OF MIRIAM WAY EXTENDED AND SOUTH OF THE SOUTHERN PACIFIC RAILROAD. Mr. Altman noted that a meeting had been held earlier that day with him, Mr. Millheim, and the City Managers of Indio and Palm Springs to discuss the Metrolink. Mr. Millheim reviewed the staff report and offered to answer any questions. Mr. Diaz stated that the hearing needed to be opened to see if anyone wishes to testify on any potential environmental issues concerning this potential project. Staff will then research them and come back to Council. Mayor Benson declared the public hearing open and invited testimony from the audience. None was offered, and she declared the public hearing closed. Councilman Crites moved to, by Minute Motion, approve staff's findings. Motion was seconded by Snyder and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 1993 * * * * * * * s* s*********** * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Councilman Wilson moved to adjourn to Closed Session at 8:40 p.m. pursuant to Government Code Section 54956.9(a), pending litigation (Palm Desert Greens v. City of Palm Desert; City of Palm Desert v. Refco and Iowa Trust), and Section 54956.8, Real Property Transactions (Acquisition of r...1,:..1j on Country Club Drive currently owned by Western Community Developers). Motion was seconded by Kelly and carried by unanimous vote. Mayor Benson reconvened the meeting at 9:57 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GILLIGAN, CITY C CITY OF PALM DESERT, CA ORNIA •41 M. BENSON, MAYOR 1 23