HomeMy WebLinkAbout1994-04-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 28, 1994
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I. CALL TO ORDER
Mayor Wilson convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly
III. INVOCATION - Councilmember Jean M. Benson
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Buford A. Crites
Councilman Walter H. Snyder
Mayor S. Roy Wilson
Excused Absence:
Councilman Richard S. Kelly
Also Present:
Bruce A. Altman City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk/P.I.O.
Carlos L. Ortega, ACM/Director of Redevelopment Agency
Ramon A. Diaz, ACM/Director of Community Development
Richard Folkers, ACM/Director of Public Works
Paul Shillcock, ACM/Director of Economic Development
Paul Gibson, Director of Finance
Dave Millheim, Director of Human Resources
Wayne Ramsey, Acting Director of Code Compliance
Pat Conlon, Director of Building and Safety
Catherine Sass, Community Arts Manager
Ken Weller, Emergency Services Director
John Wohlmuth, Environmental Conservation Manager
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of April 14, 1994.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 43A, 44
& 45.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ignacio Castel' Del Rio and
Jenell Louise Fontes for La Taqueria, 72-286 Highway 111, #J5, Palm Desert.
Rec: Receive and file.
D. RESIGNATION from Mr. Earle J. Stone from the Civic Arts Committee.
Rec: Accept with regret.
E. RESIGNATION from Mr. Grover Nobles from the Promotion and Sister City Committees.
Rec: Accept with regret.
F. REOUEST FOR APPROVAL for Authorization to Advertise and Solicit Bids for Cook Street
Extension - Frank Sinatra to I-10 Interchange, Project No. 660-94 (Contract No. C087101.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
Construction of the extension of Cook Street from Frank Sinatra to the proposed
I-10 Interchange
G. REOUEST FOR APPROVAL of Extension of Street Sweeping Contract No. C05203.
Rec: By Minute Motion, authorize a one year extension with Quality Street Services for
street sweeping services.
H. REOUEST FOR APPROVAL of Release of Improvement Securities for Tract 26970.
Rec: By Minute Motion, authorize the release of improvement securities associated with
Tract 26970.
I. REOUEST FOR APPROVAL of Consolidated Landscaping and Lighting District, FY 1994-
95 Report and Proceedings.
Rec: 1) Waive further reading and adopt Resolution No. 94-46 to initiate proceedings for
annual levy and annexation; 2) waive further reading and adopt Resolution No. 94-
47 for preliminary approval of annexation and assessment levy report.
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J. REQUEST FOR APPROVAL of City of Palm Desert's Electric Shuttle to the City of Canyon
Lake.
Rec: By Minute Motion, authorize staff to negotiate a lease of the electric shuttle to the
City of Canyon Lake for a demonstration project in the months of June, July and
August, 1994.
K. REQUEST FOR APPROVAL of Palm Desert Branch Public Library Lease Agreement.
Rec: By Minute Motion, approve the Palm Desert Branch Public Library Lease
Agreement (Contract No. C0084-2) between the City of Palm Desert and the City
of Riverside and authorize the Mayor to execute such lease.
L. REQUEST FOR CONSIDERATION of Special Event - Festivale Italiana Concourse
d'Elegance.
Rec: By Minute Motion, approve the request for the closing of selected street segments
on El Paseo on May 28 and 29, 1994, and the use of a tent, music and festive
decoration on El Paseo.
M. REQUEST FOR APPROVAL of Resolution Accepting Certain Real Property into the City
Street System.
Rec: Waive further reading and adopt Resolution No. 94-48 accepting the proposed
Painter's Path re -alignment right-of-way into the City street system.
N. REOUE.ST FOR APPROVAL{ of Performance Evaluations For Appointed Officials.
Rec: By Minute Motion: 1) Authorize beginning the performance evaluation process for
the City Attorney, City Clerk and City Manager; 2) select the date of for a
closed session meeting of the City Council to discuss and prepare the formal group
evaluation; 3) modify the existing performance evaluation system to include Mayor
Wilson's suggestions outlined below.
O. REQUEST FOR APPROVAL of Sponsorship Agreement with Elite Racing (Contract No.
C08580).
Rec: By Minute Motion, authorize the Mayor to execute the subject contract and stipulate
that the funds are to be earmarked in the Promotion Committee's FY 94-95 budget.
P. RETEST FOR APPROVAL of Bank of America Custodian Agreement (No. C08590).
Rec: By Minute Motion, approve Bank of America Custodian Investment Agreement No.
C08590 and authorize the Mayor to execute same.
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Q. BEOUEST FOR CONSIDERATION of Information Systems Manager.
Rec: By Minute Motion: 1) Replace the existing Data Processing Technician position
with the new position of Information Systems Manager; 2) approve the attached job
description for Information Systems Manager; 3) authorize the exempt, mid -
management salary range /730 ($3,677-$4,460) for this position.
R. REOUEST FOR APPROVAL of the Purchase of 50 Copies of the Multi Agency Strategic
Acquisition and Funding Plan in the Amount of $292.00.
Rec: By Minute Motion, approve the request and authorize the City Clerk to process said
payment from the City Council's budget.
Mayor Wilson questioned Item N on the Consent Calendar and stated felt that the performance
evaluation process should apply to the Executive Director of the Redevelopment Agency as well
as the City Attorney, City Clerk, and City Manager. Council concurred. He also noted that
Recommendation #2 for Item N did not include a specific date, and he asked that the City Clerk
coordinate and firm up a date before the end of the meeting.
Upon motion by Snyder, second by Crites, and unanimous vote of the Council, the Consent
Calendar was approved as presented, with Item N amended to include the Executive Director of the
Redevelopment Agency and that a date be firmed up prior to the end of the meeting.
VI. ORAL COMMUNICATIONS - A
None
VII. RESOLUTIONS
A. RESOLUTION NO. 94-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, TO THE CALIFORNIA BOARD OF EDUCATION
ENDORSING THE CONCEPT OF A CHARTER SCHOOL FOR GEORGE WASHINGTON
ELEMENTARY SCHOOL.
Mr. Altman noted the staff report in the packets and offered to answer any questions.
Councilman Crites moved to waive further reading and adopt Resolution No. 94-49. Motion was
seconded by Snyder and carried by unanimous vote.
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VIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 744 - AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA AMENDING CHAPTER 10.64 OF THE PALM DESERT MUNICIPAL
CODE, RELATING TO PARADE PERMITS.
Mr. Altman noted that this ordinance had been reviewed and approved by Police, Fire, and
the City Attorney.
Councilman Crites moved to waive further reading and pass Ordinance No. 24_4 to second reading.
Motion was seconded by Benson and carried by unanimous vote.
B. ORDINANCE NO. 745 - 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 ON OCOTILLO DRIVE
BETWEEN EL PASEO AND GRAPEVINE STREETS.
Mr. Altman noted the staff report in the packets and offered to answer any questions.
Councilman Crites moved to waive further reading and pass Ordinance No. 245 to second reading.
Motion was seconded by Snyder and carried by unanimous vote.
C. ORDINANCE NO. 746 - 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 ON PORTOLA AVENUE
BETWEEN COUNTRY CLUB DRIVE AND FRED WARING DRIVE.
Mr. Altman noted the staff report and recommendation. He offered to answer any questions.
Councilman Snyder moved" to waive further reading and pass Ordinance No. 746 to second
reading. Motion was seconded by Benson and carried by unanimous vote.
D. ORDINANCE NO. 747 - 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 ON MONTEREY AVENUE
BETWEEN COUNTRY CLUB DRIVE AND FRED WARING DRIVE.
Mr. Altman noted the report in the packets and offered to answer any questions.
Councilman Crites moved to waive further reading and pass Ordinance No. 242 to second reading.
Motion was seconded by Snyder and carried by unanimous vote.
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E ORDINANCE NO. 748 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 9.20.040 BY ADDING
SUBPARAGRAPH (C) OF CHAPTER 9.20 OF TITLE 9 OF THE PALM DESERT
MUNICIPAL CODE RELATING TO HUMAN WASTE.
Mr. Ramsey reviewed the staff report.
Councilman Snyder moved to waive further reading and pass Ordinance No. 242 to second
reading. Motion was seconded by Benson and carried by unanimous vote.
For Adoption;
A. ORDINANCE NO. 743 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, TO REQUIRE SEWER CONNECTION OF ALL
EXISTING BUILDINGS AND STRUCTURES PRIOR TO SALE OR TRANSFER OF
OWNERSHIP.
Mr. Altman noted there had been no changes to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. /43. Motion was
seconded by Snyder and carried by unanimous vote.
IX. CONSENT ITEMS HELD OVER
None
X. NEW BUSINESS
A. INFORMATIONAL ITEMS:
1. Colony Cablevision of California Update.
Mr. Ortega noted the report in the packets relative to cable complaints received for
the period April 4 - 21, 1994.
2. Traffic Island on Fred Waring Drive at Trader Joe's.
Mr. Altman noted the information report in the packets.
3. City of Palm Desert's Park Ordinance.
Mr. Wohlmuth reviewed the staff report, stating that it was before the Council at this
time for review and comment. He noted several major changes to the ordinance
r
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relative to curfew, park enforcement, dog leashes, amplified sound, use of the
amphitheater, park reservations, and fees.
He stated that changing the Municipal Code would allow the Coachella Valley
Recreation and Park District to provide supervision in the Civic Center Park. He said
the District had staff available seven days a week, and it had agreed, with the use of
radios, staff, and golf carts, to supervise the entire park. District personnel would
also post the reservation permits, make timely checks to see how that reservation is
being carried out, and check afterwards for cleanliness.
Mr. Wohlmuth added that staff was requesting Council comments at this time and
planned to bring the ordinance back for first reading at a City Council meeting in
May. In addition, comments were being sought from neighbors, the Recreation and
Park District, and all departments in City Hall.
Councilman Snyder stated that Councilman Kelly had expressed concern with the
Recreation and Park District assuming responsibility for making sure everything is
okay in the park instead of having a uniformed officer on patrol when necessary,
especially with the increased use of the park. He was also concerned that District
personnel would not be able to handle situations involving gangs, etc.
Mr. Wohlmuth responded that District people were trained to do this type of park
supervision. They would ask users of the park to follow the rules; if those users
refuse to do so, the District personnel would then be able to use their radios and call
for law enforcement.
Councilman Crites stated he felt it was okay to have thb Recreation and Park District
people do this; however, he did not feel this plan was entirely sufficient because it did
nothing for the other parks in the City, such as Ironwood. He said he felt this was
a short-sighted policy, and he asked that staff come back with alternatives for the
Council to consider.
Councilmember Benson stated she felt there should be something in the ordinance
relative to outside security. Mr. Wohlmuth responded that staff felt this should be in
a policy, not the ordinance, so that staff would not have to come back to Council. He
said the policy would allow the City Manager and staff to set rules and regulations.
Councilman Snyder stated he agreed with the ordinance; if it does not work, we can
call on outside help. He added that he felt staff had written a fine ordinance that
covered most of the things Council wanted done.
Councilman Crites asked why the Cahuilla Hills park was not mentioned in the
ordinance. Mr. Wohlmuth responded that this was an oversight and that it was
included in the newest draft of the ordinance. He asked that any Council comments
be forwarded to him.
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4. I-10 & Cook Street Interchange Project.
Mr. Altman noted the report in the packets and read an update that he had received
earlier that day. He stated staff would come back to the Council if it was necessary
for action to be taken.
XI. CONTINUED BUSINESS
A. REQUEST FOR WAR OF HOME OCCUPATION REQUIREMENTS FOR G.J.
MURPHY CONSTRUCTION (Continued from the Meeting of April 14, 1994).
Mr. Ramsey reviewed the staff report, noting that a letter had been received earlier that day
from Mr. Murphy. He said staffs position had not changed and that the recommendation
would be to deny the request for time extension to find a suitable business location.
Councilman Crites asked whether the substance of Mr. Murphy's letter was correct and
whether there had been complaints by neighbors. Mr. Ramsey responded that there had not
been complaints from neighbors. Crites asked whether the entirety of this issue came from
one complaint by one person, and Mr. Ramsey agreed.
MR. ROD MURPHY, 72-764 Arboleda, stated he had contacted all of his neighbors within
300 feet and had received approval for all but one party on vacation and those individuals
who own vacant lots who were not in the area. He offered to answer any questions.
Upon question by Mayor Wilson, Mr. Murphy responded that he did not have regular
customers who come and go, perhaps one or two people in a month's time. He said most
of his work was done out of the office on the job site, and the office was solely for clerical
and accounting purposes. He added that it was not his intention to keep the business at this
location and that this was a temporary situation due to the economy.
Councilman Crites stated that the Municipal Code requirements were clear and that Mr.
Murphy was not in compliance with the exact letter of the Code; on the other hand, all of
those people who would be impacted by what is going on have only positive things to say
about it, and he was moved by the people who live in the neighborhood.
Upon question by Councilmember Benson, Mr. Murphy responded that he had both a
business license and a home occupation permit.
Councilman Snyder stated he would hate to see the City's Code fall by the wayside or not be
properly enforced and that he had a problem going against what the Code says; on the other
hand, he said the neighbors agreed with the applicant that there is no problem. He added that
unless the Council can authorize a definite time limit on the approval, he could not go along
with it. Mr. Erwin stated that this would be at the discretion of the City Council.
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Mr. Murphy said he agreed that the Code was in place for the good of the City, and he
requested a limited time extension of 18 months at the most.
Councilmember Benson stated she would go along with an extension of time but felt 18
months would be too long.
Councilman Crites suggested that whatever time period is approved is done with the
understanding that the matter will come back to the Council should an impacted 1.0„1;,. ty
owner bring forward a complaint.
Mr. Erwin stated that if the Council wished to do this, it would be with the understanding
that it could be called back up upon 15 day notice to the applicant.
Mayor Wilson stated that the Council had allowed other types of exceptions in the past
because of the economy. He said that if there are enough conditions that the Council can call
the matter back up if it starts to become a problem, he would be comfortable with an 18-
month extension.
Councilman Snyder moved to, by Minute Motion, approve an 18-month extension of time to find
a suitable business location, with the understanding that this is an extenuating circumstance due to the
economy and that the matter will be brought back to the Council if complaints are received. Motion was
seconded by Crites and carried by unanimous vote.
B. REOUEST FOR CONSIDERATION OF ANNEXATION NO. 31 - SUNCREST COUNTRY
CLUB (Continued from the Meeting of April 14, 1994).
Mr. Altman noted the report in the packets detailing the recommended action.
Mayor Wilson stated that he had sent a memo to Mr. Altman relative to putting together a mini
handbook spelling out the annexation process. He said he felt it would be helpful to have a clear
document that could be handed out to anyone wanting to start the process that would set forth all
of the things that would happen.
Mr. Diaz stated that it was being prepared and that it should be ready for the next Council
meeting.
Councilman Crites asked whether it would also spell out conditions under which having people
sign petitions becomes binding. He said he was troubled by some of the unsaid perceptions about
how data was gathered for this annexation, and he felt people should not be signing petitions
under coercion.
Mr. Erwin responded that this was an extremely difficult thing to regulate; however, it could be
addressed in the handbook that an individual's consent or approval should be of their own free
choice. He added that Council could not really do much about it other than to remind people it
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should be their own choice and that they have the right to withdraw their approval at any time
to the close of the public hearing.
Councilman Crites moved to waive further reading and adopt Resolution No. 94 30, terminating
proceedings to annex certain contiguous territory to said City under the provisions of the Cortese Knox Local
Government Reorganization Act of 1985, which proceedings are designated as Palm Desert Annexation No. 31
and LAFCO Annexation No. 93-43-4. Motion was seconded by Benson and carried by unanimous vote.
Upon question by Mayor Wilson relative to the time period before this annexation could be
reconsidered, Mr. Erwin responded that it is one or two years depending on certain circumstances
and that the entire process would have to start from scratch.
Councilman Crites asked, assuming that Palm Desert Greens were to become part of the City and
the Suncrest Country Club area was left alone, whether there was any provision whereby an area
can choose to remain in the County as an isolated pocket.
Mr. Erwin responded that there are provisions within LAFCO rules where islands cannot be
created without the LAFCO's consent.
Mr. Diaz added that if Palm Desert Greens were to file an annexation application, staff wot
recommend that Suncrest Country Club be part of that annexation.
XII. OLD BUSINESS
None
XIII. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Altman stated that this evening Mr. Folkers, Rudy Acosta, and Eric Johnson would be
turning on the lights at the new Civic Center ballfields to see how to further mitigate the impact
to surrounding areas. He invited the Council to go out to see the fields and the lights.
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B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time to discuss the following:
Liability Claims pursuant to Government Code Section 54956.95 (Claimant Name - James S.
Hawkins; Agency Claimed Against - City of Palm Desert).
Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9:
Shearson v. Palm Desert (Iowa Trust), United States District Court, Case No. 91-6905 RJK;
Palm Desert v. Thomas, Bigbie and Smith, Riverside county Superior Court, Case No. Indio
69969;
Palm Desert v. Refco Capital Corp., United States District Court, Case No. CV 92-7633 RJK.
Open Session/Announcements (if any) pursuant to Government Code Secti
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Retorts:
1. Councilman Snyder expressed concern with legislation in Sacramento which would
affect the manner in which our paramedics and ambulances are utilized.
Mr. Ortega stated that staff was aware of this legislation and that he was working
with Emergency Services Coordinator Ken Weller to prepare a letter of opposition.
He said the feeling was that if changes are made to current contracts, the
grandfather clause goes away, and staff was concerned that the City would be
outside the grandfather clause provision if it added the Palm Desert Country Club
area.
2. Councilman Crites stated that Council had received a letter from the Desert
Chapter of the Building Industry Association relative to SCAG's regional report
and the City's response to it. He noted that the matter would be considered by
CVAG, and he asked whether it would be appropriate for Council to discuss this
now and provide input to the Mayor or if it should be scheduled for a future
Council meeting.
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Mayor Wilson stated that the matter would probably be on CVAG's Agenda for
Monday, April 2nd. He stated that several months ago, CVAG took the position
that SCAG should limit and try not to get so involved in local decision making; it
was passed and apparently ignored by SCAG. He said he had supported that
position before, and if there was any indication otherwise, he asked that Council
let him know.
3. Councilman Crites stated that CVAG would be called upon to make a
recommendation relative to legislation by Assemblywoman Bornstein which
originally proposed to move the Coachella Valley to the Mojave Air Basin and now
proposes to study that issue and spend a lot of money doing that study. He said
he felt this was a matter of some significance, and he asked that it be scheduled for
the next Council meeting.
Mayor Wilson expressed concern that this matter would be on CVAG's Monday
Agenda, and he said he would like direction from the Council. He said he had
spent two hours with AQMD staff briefing Assemblywoman Bornstein on this
issue. He said the facts were clear that the amount of money spend on Federal and
State mandated programs in the Coachella Valley is far greater than the amount
spent in fees in the Valley. He said the Valley was a receptor area and imports air
from the Los Angeles Basin, and big refineries should pay for our cleanup.
Switching to the Mojave district that does not have the revenue base would put the
burden for paying the costs of the Federal and State mandated programs on the
backs of the Coachella Valley. He said he felt this was a bad bill and a bad
expenditure of tax money and that he would be inclined to support the opposition
to the Bornstein bill. Upon question by Councilman Snyder, he responded that
there were people who thought the PM10 program would go away with the switch
to the Mojave district; however, this is not the case, and we would not get out of
that program by switching districts.
Councilman Crites stated that, speaking as the person who chaired the PM10
program for the Valley, he felt the South Coast Air Quality Management District
was superb in beginning the program, financing it, and making it acceptable. He
said he had a high level of confidence in what they have done in this valley;
however, he said he had spoken with Councilman Kelly who did not share this
perception. He said he had hoped this item could be discussed when Councilman
Kelly is present. He said his preference would be that CVAG not take action on
this matter at the upcoming meeting so that Council has time to study the pros and
cons of endorsing the study.
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is time in the legislative
Council concurred.
XIV.
Councilman Snyder stated he would agree with Mayor Wilson's feelings if a
decision must be made by CVAG on Monday.
Mayor Wilson stated that his understanding of Council's comments was that if there
process, CVAG should take no position until such time as further study is done.
4. Councilman Crites stated that he had heard of a proposal to rotate the senior staff
members. He asked whether this issue would be before the Council as a group for
discussion.
Mr. Altman responded that it would be an information item for the Council if it
goes forward.
5. Councilman Crites stated that during Spring Fest he had wandered through the
Civic Center Park looking at everything and that he was of the opinion that a
commercial venture in the park, specifically a restaurant, would not add to what
the park is intended to be.
ORAL COMMUNICATIONS - B
None
Councilman Crites moved to adjourn to Closed Session at 5:15 p.m. for the purposes listed under
Section XIII-B of the Agenda, said Closed Session to immediately follow the Redevelopment Agency meeting.
Motion was seconded by Snyder and carried by unanimous vote.
Mayor Wilson reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
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XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF AWARDS TO WINNERS OF THE 1994 STUDENT ART & ESSAY
CONTEST.
Mayor Wilson, Contest Chairperson Evelyn Bennett, and Civic Arts Committee Chairman Dianne
Funk presented awards to the following:
Best of Show - Essay - Ashley Schoenbrun, Grade 7, Palm Desert Middle School.
Best of Show - Individual Art - Otilio Lozano, Grade 11, Palm Desert High School.
Best of $how - Group Mural - Mrs. Granik's 3rd Grade Class, Washington School.
1994 Perpetual Award - Principal Jackie Colarusso, Abraham Lincoln School.
Mayor's Special Award - Mrs. Watson's 3rd-4th Grade Class, Abraham Lincoln School.
Col. Alvin O. Mark Art Award - Ms. Crippen's 5th Grade Class, Abraham Lincoln School.
Paula N. Kroonen Essay Award - Michael Wiener, Grade 5, Abraham Lincoln School.
Mural Category - Group Entries - Ms. Nevins, Grade K, Lincoln School; Ms. Young, Ms.
Bowman, Ms. Valley, and Ms. Moretti, Grade 1, Washington School; Ms. Haven, Ms. Hultgren,
Ms. LeBlanc, Ms. Lyle, and Ms. Menzel, Grade 2, Washington School; Ms. Pedersen, Grades
3-4, Lincoln School; Ms. Cleland, Grade 4, Washington School; Ms. Deady, Grade 5, Lincoln
School; Ms. Killebrew, Grade 6, Palm Desert Middle School.
Special Mention - Ms. Nishikawa's 3rd Grade Class, Washington School
Special Mention - Small Group - Grade 6, Palm Desert Middle School, Students Teresita Jimenez
and Karla Vasquez; Grade 8, Palm Desert Middle School, Students Gina Bakal, Hillary Herr, and
Marisa Glass.
Art Category - Individual Entries - Kevin Miller, Grade K, Lincoln School; Paul Friend, Grade
1, Washington School; Tucker Aiton, Grade 2, Lincoln School; Todd Diamond, Grade 3, Lincoln
School; Oscar Armijo, Grade 4, Washington School; Paul Heredia, Grade 5, Washington School;
Michael Lemus, Grade 6, Palm Desert Middle School; Nicole Nigosian, Grade 7, Palm Desert
Middle School; Chris Reed, Grade 8, Palm Desert Middle School; Hugo Ordonez, Grade 9, Palm
Desert High School; Jeffrey Pina, Grade 10, Palm Desert High School; Otilio Lozano, Grade 11.
Palm Desert High School; Melissa Moore, Grade 12, Palm Desert High School.
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Essay Category - Individual Entries - Anthony Lopez, Grade K, Lincoln School; Kristin
Whitacre, Grade 1, Washington School; Krystle Gomez, Grade 2, Washington School; Jessica
Schwartz, Grade 3, Washington School; Amber Rae Jones, Grade 4, Lincoln School; Anant Patel,
Grade 5, Lincoln School; Shawn M. Hansen, Grade 6, Palm Desert Middle School; Corey
Berghoefer, Grade 7, Palm Desert Middle School; Vishnu Maraj, Grade 8, Palm Desert Middle
School.
Closing remarks were made by Councilman Buford A. Crites, and he thanked the Civic Arts
Committee members and the Art and Essay Contest Subcommittee members for all their hard
work.
XVIII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT ESTABLISHING
"LARGE FAMILY DAY CARE" PERMITS AND SETTING A PERMIT FEE (Continued from
the Meetings of March 10 and April 14, 1994).
Mayor Wilson stated that it was his understanding that the recommendation was to continue this
matter to the meeting of May 12, 1994.
Councilmember Benson noted that a meeting had been held on Wednesday with some day care
providers, staff, and the City Attorney. Some of the difficulties with the ordinance had been
ironed out; these would be reviewed next week. She asked that the matter be continued to the
meeting of May 12, 1994.
Mayor Wilson noted that this continued public hearing was still, and he invited testimony in
FAVOR of or OPPOSED to this matter. No testimony was offered.
Councilman Crites moved to continue this matter to the meeting of May 12, 1994. Motion was
seconded by Snyder and carried by unanimous vote.
B. CONSIDERATION OF REOUEST BY CONDUCTING AUTHORITY FOR A PUBLIC
HEARING ON ANNEXATION NO. 29 - LAFCO NO. 93-46-4 - PALM DESERT COUNTRY
CLUB AREA.
Mayor Wilson declared the public hearing o n, noting that this was a protest hearing and that people
needed to submit written protests by the time the public hearing was closed in order to be counted. He
asked for staffs report.
Planner Steve Smith reviewed the staff report and history of this annexation and summarized
LAFCO Resolution 05-94. He noted that in order for this annexation to go to an election, there
would need to be 25% or 916 registered voters in opposition, and at this time he was aware of
only four written protests. He said that if at the end of the hearing there were less than 25 %
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registered voters in opposition, the Council could adopt the resolution approving the change
organization without an election.
Mr. Diaz acknowledged two individuals who began the annexation process several years ago: Mr.
Joe McMann and Mr. Bert Monahan (who passed away and was not able to see the fruits of his
labor). He reviewed plans for the area following its annexation, including the following:
Meetings with different property owner associations in the area to inform residents about
the City of Palm Desert, its committees and commissions, and the opportunities to work
with staff and the Council to create a better city.
Utilization of some existing facilities to have staff present in the community during the
work week so people can obtain information about City codes and ordinances, etc. without
having to come to the Civic Center.
Mr. Diaz added that he wished to clarify a matter. He said a letter had been sent out stating that
if the area is annexed, the City had planned to build a wall around the area and have an
assessment district. He said no wall was planned, and the only additional tax would be for
paramedic services.
Mayor Wilson invited testimony in OPPOSITION to this proposal. None was offered. He invit
testimony in FAVOR.
MR. FLOYD OSBORN addressed the Council and stated that he was active with others in getting
the Palm Desert Country Club area to become part of the City of Palm Desert. He asked how
soon residents could refer to themselves as part of the City.
Mr. Diaz responded that it would take approximately four to six weeks to finalize the annexation.
He said that once this hearing is complete, the resolution is sent to LAFCO for the remainder of
the necessary actions.
Mayor Wilson declared the public hearing km'.
Councilman Crites moved to waive further reading and adopt Resolution 94-51, ordering the change of
organization without an election since written protests had been filed and not withdrawn by less than 25 percent
of the registered voters or less than 25 percent of the number of owners of land owning less than 25 percent of
the assessed value of land within the affected territory. {Said resolution will authorize the extension/continuation
of any previously authorized charge, fee, assessment or tax by the local agency or successor local agency in the
affected territory (i.e., specifically, the City Fire Tax as approved by City voters april 8, 1980, will be extended
into the affected territory and existing County Service Areas [CSA Nos. 26 and 131] will be transferred to the.
City.) Motion was seconded by Benson and carried by unanimous vote.
Mayor Wilson welcomed the Palm Desert Country Club area residents to the City of Palm De&
on behalf of the entire City Council.
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XIX. ORAL COMMUNICATIONS - D
MR. BOB WOLF, 77-635 Malone Circle, stated that he had addressed Council seven to eight months
ago relative to the Cook Street ballfields and the bad conditions therein. He said Mr. Folkers and Mr.
Bassler had been quite responsive to what he was trying to do. He said he wanted to challenge the City
to see if it can allocate additional funds to improve the condition of the fields, and he felt there was a
health hazard due to the amount of dust caused by lack of green grass.
Mayor Wilson responded that the City Manager would be asked to prepare a report on what it will take
to bring those fields up to a better standard and that the report should be before the Council at its
second meeting in May.
XX. ADJOURNMENT
Mr. Erwin stated that one of the Brown Act requirements was that announcements be made relative to
actions taken in Closed Session. He said there were no actions that were required to be announced
pursuant to Government Code Section 54957.1.
Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Wilson adjourned
the meeting at 8:35 p.m.
ATTEST:
SHEILA R. GILLIGAN, Sirpv CLERK
CITY OF PALM DESERT, CALIFORNIA
OY WIIN, MAYOR
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