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HomeMy WebLinkAbout1994-02-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tempore Buford A. Crites convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson M. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor Pro-Tempore Buford A. Crites Excused Absence: Mayor S. Roy Wilson 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 Jeff Winklepleck, Acting Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Dave Millheim, Director of Human Resources Paul Gibson, Director of Finance Wayne Ramsey, Acting Director of Code Compliance Pat Conlon, Director of Building and Safety Catherine Sass, Community Arts Manager Larry McAllister, General Services Director Ken Weller, Emergency Services Director John Wohlmuth, Environmental Conservation Manager MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. MINUTEa of the Regular City Council Meeting of January 27, 1994, and the Special Meeting of February 2, 1994. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 29A, 32, 34, and 35. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sabatino's Italian Restaurant, Inc., 73-725 El Paseo, Suite 22A-C, Palm Desert. Rec: Receive and file. D. AMENDED CLAIMS AGAINST THE CITY (#236) by Joseph Arico for Indemnity (Munoz vs. Arico and Vrabel vs. Arico). Rec: By Minute Motion, deny the claims and instruct the City Clerk to so advise the Claimant. E. CLAIM AGAINST THE CITY (#243) by California Casualty Group (Relative to Claim Filed by Flora Van Koten). Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. F. CONSIDERATION OF REOUESI from the Coachella Valley Recreation and Park District for Cosponsorship of its Annual Easter Egg Hunt. Rec: By Minute Motion, approve the request for the City to Cosponsor the Coachella Valley Recreation and Park District Easter Egg Hunt for the Civic Center Park and aay..,r.late $700 from unobligated reserves. G. CONSIDERATION OF REOUEST from the Cook Street Business Association for City Staff Assistance in Forming an Organization Capable of Raising Funds to Accomplish the Association's Stated Goals. Rec: Refer to staff for report and recommendation. 2 MINUTES — REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Landscape Maintenance for Ironwood Park and Cahuilla Park (Contract No. C08260). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for landscape maintenance for Ironwood and Cahuilla Parks. I. REQUEST FOR APPROVAL of the Purchase of Trash Containers for El Paseo and the Civic Center Park. Rec: By Minute Motion, approve the purchase of trash containers for El Paseo and the Civic Center Park. J. REQUEST FOR AUTHORIZATION to Remove Equipment from the City's Inventory List. Rec: By Minute Motion, authorize the removal of obsolete and/or broken equipment, as well as parts, from the inventory list. K. REOUEST FOR ACCEPTANCE OF WORK for Exploratory Pothole Project (Contract No. C04750). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR AWARD OF CONTRACT for the El Paseo Palm Tree Infill Project (Contract No. R07820). Rec: By Minute Motion: 1) Award the contract for the El Paseo Tree Irifill Project to Golden Bear Arborists, Inc. in the amount of $73,697.82 and authorize a contingency of 8.55% in the amount of $6,301.16, for a total of $80,000.00 (Contract No. R07820); and 2) authorize NBS/Lowry to provide project management services in an amount not to exceed $5,000.00 (Contract No. R0782M). M. CONSIDERATION OF REQUEST from the City of Pasadena for Adoption of a Resolution Relative to Combatting Rampant Violence in the Community through Joint Efforts at the Local, State, and National Levels. Rec: Refer to staff for report and recommendation. N. REOUEST FOR APPROVAL of Contract with Keyser -Marston Associates, Inc. for Independent Review of Sports Park Pro Forma (Contract No. C08270). Rec: By Minute Motion, approve the subject contract and authorize the Mayor to execute same. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REOUEST FOR APPROVAL of Additional Arr.,..r.:ation on an Expenditure Authorized by City council on October 28, 1993, for a 45-Second Vignette to be Broadcast during The Skins Game in November, 1993. Rec: By Minute Motion, approve an additional appropriation on an expenditure authorized by City Council on October 28, 1993, in the amount of $100,000 for a 45-second vignette broadcast during The Skins Game, from the unobligated general fund reserve. P. RESOLUTION NO. 94-17 - A Resolution of the City Council of the City of Palm Desert, California, Supporting Congressional Ari,,r.:ation of Land and Water Conservation Funds to BLM for Acquisition of Lands in the Santa Rosa Mountains National Scenic Area and Morongo Canyon ACEC. Rec: Waive further reading and adopt. Mayor Pro-Tem Crites asked that Items H and N be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Councilman Kelly asked that Item P also be removed for separate discussion. Upon motion by Snyder, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction A. ORDINANCE NO. 73$ - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY CLERK TO ACCEPT RIGHTS -OF -WAY INTO THE CITY STREET SYSTEM. Mr. Erwin stated that an amendment to the Streets and Highways Code, Section 1806, effective January 1, 1994, indicated that if streets, roads, or portions thereof are to be accepted by anyone other than the City Council, the Council must by ordinance authorize this action to take place as opposed to a resolution. The Palm Desert City Council had previously by resolution authorized the City Clerk to accept rights -of -way into the City street system. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to waive further reading and pass Ordinance No. _la to second reading. Motion was seconded by Benson and carried by unanimous vote. B. ORDINANCE NO, 739 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AMENDING SECTION 10.36.010 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Cook Street Between Country Club Drive and Fred Waring Drive). Mr. Folkers reviewed the staff report, noting that City streets are required to be surveyed every five years in order for the speeds to be enforceable by radar. He offered to answer any questions. Councilman Kelly moved to waive further reading and pass Ordinance No. 739 to second reading. Motion was seconded by Snyder and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 731- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 8.36.040 OF THE PALM DESERT MUNICIPAL CODE RELATING TO SMOKING AREAS. Mr. Altman asked that this ordinance be continued. Councilman Crites added that Mr. Bob Leo of the Chamber of Commerce had contacted him because he had been asked by the Council to survey Chamber members to get their reactions to this proposed ordinance. He stated that member restaurants wished to have input prior to adoption of the ordinance, and he suggested that one member of the Council meet with the Chamber members to obtain input prior to final action. Councilman Snyder moved to continue this matter to the meeting of March 10, 1994. Motion was seconded by Benson and carried by unanimous vote. B. ORDINANCE NO. 737 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PR-5 (PLANNED RESIDENTIAL, FIVE UNITS PER GROSS ACRE) TO P (PUBLIC FACILITY) FOR A THREE -ACRE SITE LOCATED 1400 FEET NORTH OF THE INTERSECTION OF GERALD FORD DRIVE AND PORTOLA AVENUE, Case No. C/Z 93-3. Mr. Altman stated that no changes had been made to this ordinance since its introduction, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 7 7. Motion was seconded by Snyder and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. CONSENT ITEMS HELD OVER H. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Landscape Maintenance for Ironwood Park and Cahuilla Park (Contract No. C08260). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for landscape maintenance for Ironwood and Cahuilla Parks. Councilman Crites asked that something be put in the bid documents requiring that firms show some type of evidence of competence in the type of landscaping maintenance we are looking for. Mr. Folkers responded that this was fairly well covered in the bid documents but said staff would make sure it is included. Councilman Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for landscape maintenance for Ironwood and Cahuilla Parks. Motion was seconded by Benson and carried by unanimous vote. N. REOUEST FOR APPROVAL of Contract with Keyser -Marston Associates, Inc. for Independent Review of Sports Park Pro Forma (Contract No. C08270). Judge Arnold H. Einbinder, Retired, 549 Desert Falls Drive East, Palm Desert, stated he was at an earlier Council meeting where the Council approved an agreement relative to the pay for play park. He said he had cautioned the Council at that time that getting involved in contracts with regard to this park would put the City in a precarious position. He asked why the Council would want to spend money on the project if it turns out that it will not be viable, and he expressed concern that the Environmental Impact Report had not yet been done. He said it was his understanding that the project had been tabled until completion of the EIR. Upon question by Councilman Crites, Mr. Erwin stated that he was comfortable with where the City is on this project. Councilman Crites stated that Mayor Wilson had had conversations with Mr. Ortega relative to other options as far as getting this study done, and he asked Mr. Ortega to report on these discussions. Mr. Ortega stated that Mr. Shillcock had prepared the report in the packets based on directives he was given by the Council-- relative to finding an accounting firm to do an independent review of the sports park pro forma. The report indicated that use of a "Big Six" accounting firm would be extremely costly, and that might not .be the best way to proceed. He said there were other firms that provide the type of services that the Council wishes to have done; i.e., Keyser -Marston Associates, Inc. in Los Angeles. He said he agreed with Mr. Shillcock's recommendation that going with a non -Big Six firm would be 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a better way to go; however, the concern had been expressed that by going through this method, the time frame that had been provided to accomplish the study would delay the proposed project. He noted that there was a local individual who had provided examples of the type of work he does. It is similar to what Keyser -Marston does, and the individual indicated he could do the review sooner, and perhaps the City could have more input on what is actually researched. Councilmember Benson expressed concern that Items 1, 2, and 3 in the Keyser -Marston letter of January 10, 1994, are things that will be covered in the Environmental Impact Report process, and what this firm will not do is what the Council asked to be done relative to feasibility of the City's investment in the project. She said she wanted the consultant's opinion as to whether this would be a good investment for the City to make. Mr. Shillcock responded that staff found there is no one who would say whether or not it would be a good investment because of the fear that they would be held financially responsible if it did not succeed. Councilman Snyder stated he would prefer to return this matter to staff to come up with a method to handle this study. He agreed time was important in order to tie up loose ends, and if the local individual could do the study and give the City the information it needs, he said he would recommend that staff be allowed to choose which firm to use. Councilman Kelly stated that the Council had specifically asked that the study be done by a completely disinterested party from outside of the area which is not involved in any of the politics of this. The Council wanted a consultant to tell it whether or not the project was a reasonable investment for the City, and he said it was difficult for him to believe that with the number of investment advisors around there is no one who would provide that advice to the Council. He added that he felt staff really wanted the project, and the reports were very biased in that they always showed good things about the project. Councilman Crites suggested that Councilmen Kelly and Wilson, City Manager Bruce Altman, Redevelopment Director Carlos Ortega, and Economic Development Director Paul Shillcock sit down to discuss this matter and that they be given the authority to make a decision as far as which firm to use. Councilman Snyder moved to, by Minute Motion, authorize a committee composed of the City Manager, Redevelopment Director, Economic Development Director, Councilman Kelly, and Mayor Wilson to make a decision in terms of the appropriate person or firm to be used to review the sports park pro forma in an amount not to exceed $6,800.00. Motion was seconded by Benson and carried by unanimous vote. MR. RON ODEKIRK addressed Council as a member of the developer's management team and as the representative of his son, Rick Odekirk. He expressed concern that appointment of a committee would delay the approval of an outside consultant to review the pro forma. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites responded that the committee had been appointed so that this will not have to wait until the next City Council meeting before a consultant is approved. Mr. Odekirk stated that his son had received some interest from some top notch firms in the sporting world who want to make a commitment for this park for next year; i.e., Reebok. He said he felt confident that concerns could be mitigated but said time was of the essence in order to obtain commitments for the 1995 season. He added that neither the consultant recommended by Mr. Ortega nor the Keyser -Marston firm were associated with the developer or the City, and he encouraged the Council to approve either of them. Councilman Crites thanked Mr. Odekirk for his input and stated that the committee would act as expeditiously as possible in this matter. P. RESOLUTION NO. 94-17 - A Resolution of the City Council of the City of Palm Desert, California, Supporting Congressional Appropriation of Land and Water Conservation Funds to BLM for Acquisition of Lands in the Santa Rosa Mountains National Scenic Area and Morongo Canyon ACEC. Rec: Waive further reading and adopt. Councilman Kelly stated that he wished to abstain from voting on this item because he owns property adjacent to the BLM land in this area. Councilman Snyder moved to waive further reading and adopt Resolution No. 94-17 as it pertains to the Santa Rosa Mountains National Scenic Area. Motion was seconded by Benson and carried by a 3-1 vote, with Councilman Kelly ABSTAINING. R. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF JOINT POWERS AGREEMENT FOR A PROPOSED COACHELLA VALLEY REGIONAL AIRPORT AUTHORITY. Mr. Altman noted the report in the packets. He stated that Supervisor Larson had planned to attend the meeting but would not be able to be here until 7:00 p.m. If Council wished to hear from her, this item should be continued to the 7:00 p.m. portion of the meeting. He reviewed the report, noting that City Managers of Indio, La Quinta, Indian Wells, Coachella, and Palm Desert had met several times to see whether it would make sense to form a Joint Powers Authority to deal with the Thermal Airport. The City Managers felt it did make sense because one of the problems with Palm Springs was the lack of control by other cities. With this airport, the cities would have a voice in the planning and operation of the airport. Councilmember Benson stated that the Airport Authority had voted on February 9th to put the Valley cities on the Regional Airport Authority; four cities would have permanent seats, 8 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and three cities would rotate members so that all cities would be part of the Palm Springs Airport Authority. Councilman Snyder moved to, by Minute Motion, approve the City of Palm Desert's participation in the Joint Powers Agreement for a proposed Coachella Valley Regional Airport Authority. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR APPROVAL OF AN EXCEPTION TO SECTION 25.68.350 OF THE SIGN CODE TO ALLOW 15 LIGHT POLE BANNERS AT TOWN CENTER PLAZA, Case No. 4257SA (Town Center Plaza, Applicant). Mr. Winidepieck reviewed the staff report, noting that the applicant was requesting approval to place 15 light pole banners which measure 30 inches by 94 inches and read "Town Center Plaza" in which with a mint color cactus logo on a burgundy background. He stated that this idea was based on the City's banners located along El Paseo. He added that there were currently light pole banners at the center which read "Happy Holidays" that would be replaced. With regard to the Architectural Review Commission meeting of January 25, 1994, he said the Commission had reviewed the request, felt the banners would give the center a more festive feeling, and recommended approval. Councilman Kelly moved to, by Minute Motion, approve the request and affirm the recommendation of the Architectural Review Commission. Motion was seconded by Benson and carried by unanimous vote. C. INFORMATIONAL ITEMS: 1. 2. With Council regular Agenda item Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to cable complaints received for the period January 15 - 31, 1994. Status of Multi -Agency Library. Mr. Altman stated that there had been no new activity to report since the last meeting. concurrence, staff was directed to remove the "Status of Multi -Agency Library" as a and to bring back information as necessary. 3. Report of Promotion Committee Action. Mr. Shillcock stated that although this was only an information item, the Promotion Committee felt it important to convey this information to the Council. He said the Committee had approved "The Race of the Week" event scheduled for the second weekend in December and pledged funds from next year's budget as a sponsor. He 9 MINUTES REGULAR PALM DESERT CITY COUNCIL 141r z i n LTG FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * added that the Chamber of Commerce Sports Foundation would be the major organizer of the event and would work closely with the City to plan additional activities in conjunction with the race. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST FOR APPROVAL OF AN AWNING AT EL PASEO VILLAGE, 73-405 EL PASEO, Palms to Pines Canvas for El Paseo Village, Appellant, Case No. 4239SA (Continued from the Meeting of January 27, 1994). Mr. Winklepleck stated that the Architectural Review Commission was scheduled to consider this matter on February 8, 1994; however, the applicant had requested a two -week continuance. He asked that the Council also continue this matter for two weeks. Councilman Snyder moved to, by Minute Motion, continue this matter to the Council meeting of February 24, 1994. Motion was seconded by Kelly and carried by unanimous vote. XII. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF HIGHWAY 111 CORRIDOR STUDY - CONCEPTUAL IMPROVEMENT PLAN. Mr. Folkers reviewed the staff report, noting that staff had met with Councilmen Kelly and Crites to discuss this matter and were available to meet with other members of the Council to discuss the program. He said input had been received from citizens, staff, and the Council; the intent was to report back to the Riverside County Transportation Commission and bring back a final plan to the Council once comments have been incorporated into the plan. Councilman Crites stated he was appreciative of the work done by Associate Transportation Engineer Seyed Safavian and staff on this issue. He said he felt most of the Council's concerns could be mitigated if we can obtain from Caltrans the proper form of continuing variance to allow us to make thelanes on the east side of Highway 74 the same width as the west side. Councilman Kelly moved to, by Minute Motion: 1) Review the report and concur with its findings and recommendations; 2) approve the conceptual plan as documented; 3) authorize staff to relay the comments and suggestions that staff has received from the Council and citizens to the Riverside County Transportation Commission (RCTC); 4) allow staff to bring the final plan back to Council once the comments are incorporated in the plan. Motion was seconded by Snyder and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Monterey Avenue Bridge at the Whitewater Storm Channel Councilman Kelly moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote. Mr. Altman stated that the City Council of the City of Rancho Mirage had unanimously accepted the offer put forth to build the bridge over the Whitewater Storm Channel on Monterey Avenue. He said the project would be financed by the Cities of Palm Desert and Rancho Mirage, the Coachella Valley Association of Governments, and SB300 funds. He requested authorization to proceed with the agreement with Moffatt and Nichol Engineers previously approved by the Council to modify and update the existing bridge design to current standards and traffic criteria. He added that the agreement between the cities and CVAG was currently being drafted. Councilman Snyder moved to, by Minute Motion, authorize staff to proceed with the agreement with Moffatt and Nichol Engineers (Contract No. C07350) to modify and update the existing bridge design to current standards and traffic criteria and appropriate unobligated Measure "A" funds for the contract. Motion was seconded by Kelly and carried by unanimous vote. 2. Corporation Yard Generator Councilman Snyder moved to add this item to the Agenda for discussion. Motion was seconded by Kelly and carried by unanimous vote. Mr. Altman reviewed the staff report and recommendation to authorize a bid for a 125kw generator and installation at a cost of approximately $25,000.00. Upon question by Councilman Snyder, Emergency Services Coordinator Ken Weller responded that this would be permanent as opposed to a mobile generator. He stated that Council had authorized the mobile generator at its last meeting; this would be similar to the generator currently at the Civic Center and could be used to provide the City an alternate emergency operations center for smaller emergencies such as flooding, whereas the mobile generator could be used to keep the lake pumps going to provide emergency water or to power an emergency shelter such as at the YMCA building. Councilman Kelly questioned the need to have a second command center and said he felt radios could be used for communications. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Crites relative to the urgency of this matter, Mr. Weller responded that the Corporation Yard would be completed in approximately five to seven weeks, with construction currently taking place. It would take approximately seven weeks for the generator to arrive, and installation would coincide with construction and move -in of the Corporation Yard. If the Council decided not to approve this now and add the generator at a later time, there might be a higher cost. After additional discussion and with Council concurrence, this item was held until the 7:00 p.m. portion of the meeting in order for Mr. Weller to address Council concerns. Mr. Weller stated that one of the most important aspects of emergency preparedness was response. The new generator will supply power to the Corporation Yard, which is the life of the City's operations center. It will provide power to run the gas pumps and provide necessary backup power to run the telephone system for communications. He added that not having this generator might mean staff would have to try and find a generator during an emergency, which might take days. Councilmember Benson moved to, by Minute Motion, authorize staff to go out to bid for a 125kw generator and installation for the Corporation Yard. Motion was seconded by Snyder and carried by unanimous vote. 3. College of the Dewrt Foundation Charitable Function Councilman Snyder moved to add this item to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote. Mr. Altman suggested that Council authorize the Charitable Contributions Committee to look at this request for the City to purchase a table of ten at a cost of $1,500. He added that this function was scheduled for February 25, 1994. Councilmember Benson moved to, by Minute Motion, authorize the Mayor and a guest to attend the function on behalf of the City of Palm Desert. Motion was seconded by Snyder and carried by unanimous vote. 4. Southern C_alifornia Edon - Council Letter to the Public Utilities Commission Councilmember Benson moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote. Mr. Wohlmuth reviewed a draft letter (distributed to Council), noting that Southern California Edison (SCE) had requested that the City consider sending a letter to the California Public Utilities Commission asking that SCE not be required to purchase additional generating capacity from alternate energy sources that are expensive and will increase the rates paid by Coachella Valley residents. He stated that CVAG had 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * also considered this request and had sent a letter. Staff recommended that the Mayor be authorized the send the letter. Upon question by Councilmember Benson, Mr. Kermit Martin of Southern California Edison responded that other cities had also been requested to send letters. Councilmember Benson stated that she would make the last paragraph of the letter stronger because the requirement would not only add to our emergency costs, it would also be a burden to our citizens. Councilman Snyder moved to, by Minute Motion, authorize the Mayor to send a letter to the California Public Utilities Commission asking that Southern California Edison not be required to purchase additional generating capacity, with the final paragraph to be worded a lot stronger to convey that additional costs will cause a burden on the citizens. Motion was seconded by Kelly and carried by unanimous vote. 5. Mr. Altman asked that Council adjourn its meeting to Wednesday, February 16, 1994, for discussion of the City Manager's budget. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), existing litigation (Shearson v. Palm Desert re: Iowa Trust; Palm Desert v. Paradise Bar, Mihajson), (b), threatened litigation, Personnel, and 54956.8, Real Property Transactions (Lot 53 of the Palma Village Unit 10, owned by Mohammed Wasif). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilmember Benson asked that staff prepare a report for the next meeting relative to the status of SpringFest '94. Council concurred. 2. Councilman Crites stated that Mayor Wilson had asked him to place an item on this Agenda relative to the DSL security gate. Councilman Kelly moved to add this item to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites noted that the Council, at its last meeting, had authorized the Mayor to turn this matter over to the City Attorney for legal action if the gate is not up at the end of three weeks. The gate had not yet been installed, and he said Mayor Wilson had asked that staff be authorized to take whatever actions are necessary to ensure that the gate is installed. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * *,* * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, authorize staff to take whatever actions are necessary to ensure that the DSL security gate is installed. Motion was seconded by Snyder and carried by unanimous vote. 3. Dog Refuse Ordinance Councilman Crites stated that the Parks and Recreation Commission had agreed that there needs to be a dog refuse pickup ordinance for within the City parks. He asked that staff begin the process before this becomes an issue in Ironwood Park. Council concurred. 4. City Entry Signage Councilman Crites requested a progress report on the entryway signage both on Highway 111 at Rancho Mirage and on Monterey Avenue along Interstate 10, and also the signage at Ironwood Park. Council concurred. o City Council Committee Reports: 1. Councilmember Benson reported that she had asked the Palm Desert News Bureau to do a story on the Historical Society and the restored fire engine. She stated that there was a program where children are invited to come to the Historical Society on Saturdays and get their pictures taken with the fire engine. Councilmember Benson stated that she had also asked Mr. Weller to look into making the Historical Society building earthquake proof. XIV. ORAL COMMUNICATIONS - B None Councilman Snyder moved to adjourn to Closed Session at 5:12 p.m. pursuant to Government Code Section 54956.9 (a), existing litigation (Shearson v. Palm Desert re: Iowa Trust; Palm Desert v. Paradise Bar, Mihajson), (b), threatened litigation, Personnel, and 54956.8, Real Property Transactions (Lot 53 of the Palma Village Unit 10, owned by Mohammed Wasif). Motion was seconded by Kelly and carried by unanimous vote. Councilman Crites reconvened the meeting at 7:00 p.m. with no action announced from Closed r 1 Session. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING THE WEEK OF FEBRUARY 14, 1994, AS "TOUGH LOVE" WEEK. Councilman Crites read the proclamation and presented it to Ms. Cheryl Davison on behalf of the City of Palm Desert. Ms. Davison gave him a flyer relative to the Tough Love program and stated that meetings were held every Tuesday. B. PRESENTATION OF AWARD OF EXCELLENCE BY CALTRANS DISTRICT 8 DIRECTOR KEN STEELE. Mr. Steele congratulated the City on creating the Golf Cart Program and leading the way in a technical area which he said some of the more bureaucratic people had not found the challenge yet to pursue. He said the City had done an outstanding service to the community and had created an alternative form of transportation for many citizens. He presented two awards to Councilman Crites and Environmental Conservation Manager John Wohlmuth and stated that the City had also been nominated to the Federal Government for future consideration. Mr. Wohlmuth stated that four tons of pollutants per year were eliminated by use of golf carts on the City streets. On behalf of the City Council, City Manager, and staff, Councilman Crites thanked Mr. Steele for taking the time to come to Palm Desert. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF AMENDED ASSESSMENTS FOR ASSESSMENT DISTRICTS 83-1, 84-1R, AND 87-1. Mr. Folkers noted the report in the packets and offered to answer any questions. He recommended that the public hearing be opened and that testimony be received. Councilman Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was received, and he declared the public hearing closed. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson moved to waive further reading and adopt Resolution Nos. 94-1, 94-19, 94-20, 94-21, 94-21, 94-23, and 94-24, confirming the amended assessments and directing actions with respect thereto. Motion was seconded by Kelly and carried by unanimous vote. M. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting at 7:14 p.m. to 2:00 p.m. on Wednesday, February 16, 1994, to discuss the City Manager's proposed budget. Motion was seconded by Snyder and carried by unanimous vote. ATTEST: SHETLA R. GILLMAN, CITY, CITY OF PALM DESERT, C 0 MAYOR PRO-TEMPORE 16