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HomeMy WebLinkAbout1994-02-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor S. Roy Wilson III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Excused Absence: Mayor Pro-Tempore Buford A. Crites 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 J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development 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 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. Ma= of the Regular City Council Meeting of February 10, 1994. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 35A and 36. Rec: Approve as presented. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Stephen James and Toni Louise Pedley for Dakota Bar & Grill, 73-260 El Paseo, #1A, Palm Desert. C. Rec: Receive and file. D. SCHEDULE OF INVESTMENTS as of January 31, 1994. Rec: Receive and file. E. REQUEST FOR CONSIDERATION of City of Palm Desert Measure A and Section 99234 Transportation Funds Audited Financial Statements for Fiscal Years Ended June 30, 1992, and June 30, 1993. Rec: Receive and file. F. CONSIDERATION OF LETTER from American Red Cross Relative to Budgeting Funds in Fiscal Year 1994 to Purchase Essential Emergency Items for Emergency Shelter Operations. Rec: Refer to Emergency Services Coordinator for report and recommendation. G. REOUEST FOR APPROVAL of Final Parcel Map 27511. Rec: Waive further reading and adopt Resolution No. 94-24A approving Parcel Map 27511. H. J EOUEST FOR RELEASE of Subdivision Improvement Security for Tract Map 24773-1. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subdivision improvement securities for the subject project. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL Aux,' u LTG FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1994 Crack Sealing Program (Contract No. C08300). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the 1994 Crack Sealing Program (Contract No. C08300). J. REQUEST FOR AWARD OF CONTRACT for Capital Improvements Program General Engineering and Management Services (Contract No. C08310). Rec: By Minute Motion, award Contract No. C08310 to NBS/Lowry, Inc. in the amount of $50,000 as the negotiated quotation amount and authorize a ten percent contingency reserve for the contract in the amount of $5,000. K. REQUEST FOR APPROVAL of Agreement with Sunline Transit Agency, Sunline Services Group, for Graffiti Removal Program (Contract No. C08320). Rec: By Minute Motion, authorize the Mayor to enter into an agreement with Sunline Transit Agency, Sunline Services Group, for graffiti removal in the amount of $54,782.52 ($4,565.21 per month) and authorize a $2,500.00 contingency for actual costs that exceed the monthly fee. L. REQUEST FOR APPROVAL of Cooperative Agreement No. 8-822 (Contract No. C08330) with Caltrans for Improvements to State Highway 74 and the Bighorn Development. Rec: By Minute Motion, authorize the Mayor to execute an agreement between the City of Palm Desert and Caltrans relative to improvements to State Highway 74 and the Bighorn development. M. REOUEST FQR APPROVAL of Change Order No. 1A to Contract No. C04650 for Engineering Services for the Monterey Avenue and Fred Waring Drive Storm Drain. Rec: By Minute Motion, approve Change Order No. 1A to Contract No. C04650 in the amount of $6,500.00. N. REQUEST FOR ACCEPTANCE OF WORK for the Fred Waring Drive Resurfacing Project (Contract No. C06630). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REOUEST FOR ACCEPTANCE OF WORK for the 1993 Slurry Seal Program (Contract No. C0721A)• Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. P. REQUEST FOR ACCEPTANCE OF WORK for the Street Repairs and Overlay Program (Contract No. C06680). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject project. Q. REQUEST FOR CONSIDERATION of School Crossing at Palm Desert High School Driveway (at Cook Street and Santa Fe Trail/Julie Lane). Rec: By Minute Motion: 1) Approve the installation of a pedestrian crossing signal per specified item (c) Pedestrian -Activated Signal located on Cook Street at Santa Fe Trail/Julie Lane; 2) authorize staff to initiate engineering designs for the pedestrian - only traffic signal; 3) recommend approval and appropriate funding in next year's Capital Improvement Projects for the installation of the pedestrian crossing signal (Option 2{b}). R. REQUEST FOR APPROVAL of Civic Center Emergency Generator Extended Warranty and Annual Service. Rec: By Minute Motion: 1) Purchase an eight -year extended warranty on the Civic Center generator for $2,575.00 through Johnson Power Systems; 2) authorize annual preventive maintenance on the Civic Center generator to be performed by Johnson Power Systems. S. CONSIDERATION OF Lr i I rat from The Living Desert Appealing Two Planning Commission Conditions of Approval Relative to Donation of Property from Mrs. Eugene Kay to The Living Desert. Rec: By Minute Motion: 1) direct the Department of Community Development to schedule a public hearing to consider the appeal; 2) waive the $50.00 filing fee for appeal of a Planning Commission decision. T. RESOLUTION NO. 94-21 - 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 (December, 1993). Rec: Waive further reading and adopt. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * U. REOUEST FOR APPROVAL of Corporation Yard Telephone System. Rec: By Minute Motion, approve the contract for Fujitsu Business Communications to provide a telephone system for the Corporation Yard in the amount of $38,602.16 plus a ten percent contingency of $3,860.21 for the total price of $42,462.38 and appropriate the funds from the undesignated construction tax reserves. V. CONSIDERATION OF CIVIC ARTS COMMITTEE REOUEST for Waiver of Business License Fee for Book Faire. Rec: By Minute Motion, approve the request and authorize the Code Compliance Department to waive the business license requirements for the authors who participate in the 1994 Patricia Anderson Book Faire and Local Authors Reception. Upon motion by Snyder, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MS. KATHLEEN KOPP, 44-870 Cabrillo, Palm Desert, addressed Council and expressed concern with the sewer sludge in the Coachella Valley. She thanked Mayor Wilson for attending the Environmental Justice Day on Monday at the catfish farm next to 120 acres of human waste on Avenue 66 near Mecca. She said that property was indian land and that the dump site was illegal. The indian tribe had asked for a cease and desist order on the site and had been ignored. She noted that there were three companies operating at this site: Chino Corona (now bankrupt), Kellogg, and Pimo Grow. She stated that Pimo Grow wanted to expand its operation and had an application filed in the City of Indio for the 40 acres on Avenue 48. She felt this was unacceptable for the Coachella Valley and stated that only 4 % of that sludge is actually from the Coachella Valley, with the rest coming from the Counties of Los Angeles, Orange, San Bernardino, etc. She added that because the City of Palm Desert was a leader in the Coachella Valley, she was asking that the Council speak out about sewer sludge in the Valley and try to halt this dumping. Mayor Wilson stated that Council could not take action on this item at this meeting. With Council concurrence, staff was directed to prepare a report and recommendation for the next meeting. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 738 - 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. Altman noted that there had been no changes to this ordinance since its introduction. Councilmember Benson moved to waive further reading and adopt Ordinance No. 738. Motion was seconded by Snyder and carried by unanimous vote. B. ORDINANCE NO. 739 - 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 (Cook Street between Country Club Drive and Fred Waring Drive). Mr. Altman noted that there had been no changes to this ordinance since its introduction. Councilman Kelly moved to waive further reading and adopt Ordinance No. 739. Motion was seconded by Benson and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER None X. NEW BUSINESS A. REOUEST FOR ACCEPTANCE OF MOBILEHOME COACH GIFT FROM MR. ROBERT DOWNS. Mr. Ortega reviewed the staff report, noting that Mr. Downs had offered as a gift to the City a mobilehome on a lot in Portola Palms. He added that a letter had been received from a resident in the area asking that the City look at this area because of a problem with weeds, etc. Staff had taken pictures of the area and felt it would not require more than $500 to get it fixed up. He recommended that the City accept the gift and arrange to give appropriate recognition to Mr. Downs. Councilman Snyder moved to, by Minute Motion, accept a mobilehome coach as a generous gift from Mr. Robert Downs and arrange for appropriate recognition. Motion was seconded by Benson. After further discussion, Councilman Snyder added to his motion that staff be authorized to make the required repairs to bring the coach up to City standards and to spend an amount not to exceed $500.00 for those repairs. Councilmember Benson agreed to the amendment. Motion carried by unanimous vote of the Council. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REOUEST FOR_ CONSIDERATION OF ACTIONS RELATIVE TO FORMATION OF BIGHORN ASSESSMENT DISTRICT NO. 94-1. Mr. Ortega reviewed the staff report, noting that in order to look at the feasibility of this district and what will be required, staff was asking that the Council take action to appoint and designate an assessment engineer, bond counsel, appraiser, and underwriter with respect to formation of and issuance and sale of bonds. Councilman Snyder asked whether monies the City would spend to do this would be reimbursed as part of the bond issue, and Mr. Ortega responded that whatever was spent would be reimbursed from the financing. Councilman Snyder moved to waive further reading and adopt Resolution No. 94-26 appointing and designating assessment engineer, bond counsel, appraiser, and underwriter with respect to formation of and issuance and sale of bonds for proposed Assessment District No. 94-1 (Bighorn) and approving and authorizing execution of an agreement regarding formation of said Assessment District (Contract No. C08340). Motion was seconded by Kelly and carried by unanimous vote. C. REOUEST FOR AUTHORIZATION FOR ENVIRONMENTAL IMPACT PROCESS FOR SECTION 4. Chairman Wilson convened the Redevelopment Agency meeting at 4:20 p.m. to consider this as a joint item. ROLL CALL Present: Member Jean M. Benson Member Richard S. Kelly Member Walter H. Snyder Chairman S. Roy Wilson Excused Absence: Vice Chairman Buford A. Crites Mr. Altman noted the report in the packets requesting authorization to retain a consultant to begin the environmental impact process for development of the Section 4 project and appropriate $225,000 for that purpose. He offered to answer any questions. Upon question by Councilmember/Member Benson relative to how long a process this would be, Mr. Diaz responded that staff felt it would take approximately 120 days to complete. Mayor/Chairman Wilson asked whether the City was bearing the cost, and Mr. Altman responded that it was. Wilson further asked what the future contribution of the Bishop Foundation or others would be, and Mr. Altman responded that all costs would go into the pro forma. Mr. Ortega added that each of the parties involved would bear a proportionate share of the costs. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * • * * * • • * * • * • • * • * * * • • * * * • • * • • • * * * • • * • * Councilman/Member Snyder asked whether the EIR would be on the entire Section 4. Mr. Ortega responded that it would cover all of the activities being considered now, including the ball park, condominiums that might be developed, golf courses, and hotel sites. He added that some of the costs may be apportioned to other developers in that area. Upon question by Benson, Mr. Diaz responded that this would be a full EIR. He said that while it was not anticipated that the cost would be as high as $225,000, staff did not want to have to come back and request additional funds. Councilmember/Member Benson moved to, by Minute Motion, authorize staff to retain a consultant to begin the environmental impact process for the development of the Section 4 project and appropriate $225,000 from the Redevelopment Agency's Unobligated Funds for that purpose. Motion was seconded by Kelly and carried by unanimous vote. NOTE: WITH COUNCIL CONCURRENCE, MAYOR WI SON SUSPENDED THE REMAINDER OF THE AGENDA AT THIS POINT IN ORDER TO DISCUSS ITEM C OF OLD BUSINESS. SEE THAT PORTION OF THE MINUTES FOR COUNCIL DISCUSSION AND ACTION. D. JNFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to cable complaints received for the period January 27 - February 14, 1994. Upon question by Councilman Kelly, RDA Administrative Assistant Ray Janes stated that staff had responded to the letter from Mr. Steven J. Ross that had been included in the packets. 2. Report on SpringFest '94. Mr. Weller distributed a list of special events for the Council's information. He reviewed the events proposed to take place during SpringFest '94, including Eisenhower Medical Center health screenings; country, calypso, and jazz bands, Karate and fencing demonstrations, a musical instrument "petting zoo", magicians, radio -powered boat races in the lagoon, train rides for the kids, an inflatable slide, and skateboard demonstrations. Councilmember Benson expressed concern with the skateboard exhibition as far as liability, and Mr. Weller responded that the City was requiring Si million of insurance from each of the groups. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF MANDATORY SEWER CONNECTION ORDINANCE UPON SALE OF PROPERTY (Continued from the Meetings of November 17, 1993, and January 13, 1994). Mr. Conlon reviewed the staff report and offered to answer any questions. Upon question by Councilman Snyder, Mr. Conlon responded that except for the first phase of Marrakesh and the recently annexed streets off Cook Street (i.e., Gary, Leslie, etc.), all other areas on the list of parcels included in the staff report did have sewer available but had not yet been hooked up. Upon question by Mayor Wilson relative to concerns raised by realtors, Mr. Conlon responded that they had a copy of the ordinance but had not yet received the list of parcels. He added that he would make sure they had the parcel list. Councilman Snyder moved to, by Minute Motion, direct staff to schedule a public hearing to consider the subject ordinance. Motion was seconded by Benson and carried by unanimous vote. B. REOUEST 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 Meetings of January 27 and February 10, 1994). Mr. Diaz stated that there still had not been a new presentation before the Architectural . Review Commission, and he recommended continuance for two more weeks. Upon question by Mayor Wilson, Mr. Diaz responded that although staff had been in contact with the appellant, the appellant had not come to the meetings. Councilmember Benson moved to continue this matter to the meeting of March 10, 1994. Motion was seconded by Snyder and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF 20TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Mr. Ortega reviewed the staff report, noting that several requests received could not be funded; i.e., the Senior Center Health Facility and the Foundation for the Retarded request for $290,910 to rehabilitate six donated independent living units. He recommended that left over funds be used towards the Foundation's request; in addition, staff suggested that the 9 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr.,r.iu+iG FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Foundation request funds from Supervisor Larson's allocation. He added that staff would help the Senior Center put together other sources of funding for its Health Center. Councilmember Benson asked whether CDBG was the only source of funds for the Senior Center's parking lot lights and electric doors. She said she would like to see the CDBG funds go to Alternatives to Domestic Violence because this organization does not get other kinds of funding like the Senior Center. Mr. Ortega responded that two requests dealing with the same issue had been received, and staff had allocated some funds for the Shelter from the Storm organization which is a local shelter. Councilmember Benson stated that while Shelter from the Storm was for families and children, the cold weather shelter and Nightingale Manor were for the homeless, and she felt the City should do something for these people. Since the Senior Center belongs to the City, she felt the cost of repairs should be taken from City funds. She also felt the lights and the electric doors were something that the City should have done something about before now. Mr. Ortega stated that the City could pay for these repairs but that it would have to be put into the budget. He added that Nightingale Manor was a housing project in Palm Springs operated by the County Housing Authority as a Valley -wide facility, and Redevelopment Agency monies had been appropriated for that. Mayor Wilson spoke in support of keeping the Senior Center improvements as a CDBG use rather than trying to find another way to do them. Councilman Snyder moved .to, by Minute Motion, approve the staff recommendation for use of 20th Year Community Development Block Grant (CDBG) funds and authorize staff to file an application for use of such funds. Motion was seconded by Kelly and carried by unanimous vote. B. CONSIDERATION OF REQUEST TO ALLOW A SPECIAL EVENTS BANNER TO REMAIN UP AN ADDITIONAL 60 DAYS, Case No. 4261SA (Palm Lake Village Apartments, Applicant). Mr. Diaz reviewed the staff report, noting that the applicant had requested approval to keep the grand opening banners up an additional 60 days beyond the 30 days already approved. He said staff would recommend approval. Councihnan Kelly moved to waive further reading and adopt Resolution No. 94-27 approving 4261SA for an additional 60 days. Motion was seconded by Snyder and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR APPROVAL OF DESIGN FOR A HOLOCAUST MEMORIAL BY ARTIST DEE CLEMENTS FOR PLACEMENT AT A SITE IN THE SOUTHEAST AREA OF THE CIVIC CENTER PARK. Ms. Sass reviewed the staff report, noting that a maquette of the memorial was before the Council. She said it had been reviewed by both the Art -In -Public -Places Selection Subcommittee and the Civic Arts Committee, and both boards unanimously approved the project. She added that this memorial would be located in a circular area located in the southeast area of the Civic Center Park near the Brothers building. She reviewed the elements of the sculpture and stated that the City would provide the land, with all of the funding to be private. She said that the budget for the piece was $354,000; this had been guaranteed by the Jewish Foundation, with one-third of the funds already donated. MR. JOHN KINCAID, Director of the National Sculpture Guild, also addressed the Council. He introduced and thanked Mr. Joe Brandt for stepping forward and devoting so much of his time on this project. MR. JOE BRANDT spoke as Chairman of the Holocaust Memorial Committee and stated that Palm Desert was chosen as the site for this memorial because it has the nicest park in the Coachella Valley and because the City was centrally located. MR. DEE CLEMENTS spoke as the artist and offered to answer any questions. Councilmember Benson stated that she felt the Committee had done a wonderful job selecting this piece and that Palm Desert was very fortunate to have the Civic Center Park in which to place a monument like this that will attract world-wide visitors. Mayor Wilson agreed. He said he had visited the site of a concentration camp approximately ten years ago that was now a memorial. He felt the memorial to be placed in Palm Desert would capture the spirit of much of what was done in Europe and that it was far better than what he had envisioned when Mr. Brandt first came to the Council with the idea. He thanked the Civic Arts Committee and the Art -In -Public -Places Committee for their work on the project and said he felt it would be of long lasting educational value to the Coachella Valley. Councilman Kelly moved to, by Minute Motion, concur with the recommendations of the Art -In - Public -Places Selection Subcommittee and the Civic Arts Committee to accept the design for a Holocaust Memorial proposed by artist Dee Clements for placement at a site in the southeast area of the Civic Center Park. Motion was seconded by Benson and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER None 11 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY Mr. Erwin reported that in a Closed Session at the City Council meeting of February 10, 1994, the City Council had approved retaining Mr. William Floyd to assist in labor negotiations. Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a), existing litigation (City of Palm Desert v. Mihajson re: Paradise Bar). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action; None o City Council Committee Reports: 1. Annexation of Palm Desert Country Club Area Mayor Benson stated that the City was one step further in the annexation of the Palm Desert Country Club area. Mayor Wilson asked what the timetable was for this annexation. Mr. Diaz responded that the City Council would have to hold a public hearing as the conducting body within 35 days. He noted that there had been changes in the notification laws and that this would be discussed with the City Attorney. He added that staff expected the process to be completed by the end of June. 2. Meeting with Palm Desert Restaurateurs Relative to Michael Wiener's Proposed Smoking Ordinance Councilman Snyder noted that the Council had appointed him to meet with the Chamber of Commerce and Palm Desert restaurateurs regarding the proposed ordinance dealing with minors and smoking areas in restaurants. A meeting had been held that morning, and he said there seemed to be some problems with the proposed ordinance that could involve infringing on civil rights and the issue of whether the City can tell parents their children cannot eat with them in a smoking area of a restaurant. He stated that restaurateurs had no problem with the current smoking ordinance. He added that he had asked the City Attorney to look into the civil rights aspect of this matter and to contact State legislators to determine the current status of other bills regarding 12 REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * smoking. He asked that the Council not take action on this new ordinance until some of these other matters are cleared up. Mr. Erwin agreed and stated that staff was looking at various alternatives and perhaps some additional language that may assist in this regulation. He said he was waiting for information from Sacramento regarding bills that deal with smoking. Mrs. Gilligan noted that at its meeting of February 10, 1994, the Council had continued adoption of the ordinance to its meeting of March 10. Mr. Erwin added that he did not feel he would have the information for Council at that time and would ask that it be tabled until such time as the information is received. If that would be staffs recommendation, Mayor Wilson asked that the recommendation be made very clear on the Agenda so that we do not have a lot of people showing up to speak on something that will be tabled. 3. Sewer Sludge Mayor Wilson stated that with regard to the sewer sludge matter brought up under Oral Communications earlier in the Agenda, he would be happy to provide resources from the South Coast Air Quality Management District. He said there was a PM-10 problem in the area discussed that would be compounded with expansion of the Pimo Grow operations. XIV. ORAL COMMUNICATIONS - B None Upon motion by Kelly, second by Snyder, and unanimous vote of the City Council, Mayor Wilson adjourned the meeting at 5:40 p.m. to Closed Session pursuant to Government Code Section 54956.9 (a), existing litigation (City of Palm Desert v. Mihajson re: Paradise Bar). He reconvened the meeting at 7:00 p.m. with no action announced from Closed Session. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MEMBERS TO THE AD HOC EL PASEO ASSESSMENT REVIEW COMM i irz. Councilman Kelly moved to, by Minute Motion: 1) Appoint Sonia Campbell, Gary Wiedle, Jackie Bowker, Meg Firestone, Jacques Sellam, Joyce DeFrisco, Jim Lobland, Richard Ayres, and Sherry Mesa to the Ad Hoc El Paseo Assessment Review Committee; 2) request that the Committee report its findings to the City Council in a timely manner; 3) direct that the Committee be disbanded following completion of the review and submission of the final report. Motion was seconded by Benson and carried by a 3-0-2 vote, with Mayor Pro-Tem Crites and Mayor Wilson ABSENT. XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF THE REPROGRAMMING OF 16TH AND 18TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO COMPLETE THE COLLEGE OF THE DESERT REGIONAL BUSINESS ASSISTANCE CENTER. Mr. Ortega reviewed the staff report and offered to answer any questions. Acting Mayor Snyder declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. None was offered, and he declared the public hearing closed. Councilman Kelly moved to, by Minute Motion, approve the reprogramming of 16th and 18th Year Community Development Block Grant (CDBG) in order to complete the College of the Desert Regional Business Assistance Center (RBAC). Motion was seconded by Benson and carried by a 3-0-2 vote, with Mayor Pro-Tem Crites and Mayor Wilson ABSENT. B. REQUEST FOR CONSIDERATION OF THE REROUTING OF TRUCK TRAFFIC FROM A SECTION OF FRED WARING DRIVE BETWEEN PORTOLA AVENUE AND DEEP CANYON ROAD TO OTHER ADJACENT i icrc i J SUCH AS COOK STREET, DEEP CANYON ROAD, PORTOLA AVENUE, SAN PABLO AVENUE, OR MONTEREY AVENUE. Mr. Folkers reviewed the staff report, noting that the recommendation was that Council extend the truck movement curfew by two additional hours (changing from 12:00 a.m. to 6:00 a.m. to 10:00 p.m. to 6:00 a.m.) and deny the request for truck movement ban along Fred Waring Drive. Acting Mayor Snyder declared the public hearing pi= and invited testimony in FAVOR of or OPPOSED to this request. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * *• * * * * * * * * * * * * * * * * * * * * MS. VERA MILES stated she appreciated the Council giving the two additional hours of prohibiting through truck traffic on Fred Waring Drive; however, she said this would just mean they would not obey for two more hours. Mr. Folkers stated that Sheriff's Department surveillance indicated that trucks going through were legal loads. He said that to his knowledge, enforcement was being done every day. The trucks going through are those that cannot be prohibited from using Fred Waring Drive. He added that he would again go to the Sheriffs Department to explain the situation and suggest they continue their enforcement. MR. ERIC LARSON, 74-266 Fred Waring Drive, read a prepared statement with the history of the area. He requested that the zoning in the two -block area on Fred Waring Drive between Portola and Florin be changed from residential to commercial and said he felt it was already a commercial thoroughfare. He said he felt this would enable residents to sell their homes or convert them to commercial. He said that just changing the truck times by two hours was ridiculous because the trucks do not obey the signs. MR. COREY BARBEAU, 74-052 Fred Waring Drive, stated that the homes on Fred Waring had really gone down in value since this entire matter started. He noted there was a house that the State bought for some handicapped children at Primrose and Fred Waring which had since become trashy and had been abandoned. He asked if the Council could do something about it. Mr. Altman responded that the Code Compliance Department would be asked to meet with Mr. Barbeau to take care of the situation. Mr. Larson stated that other cities had denied the rerouting of trucks because of commercial . reasons or because of the way the cities are laid out. He said if this is going to be a commercial thoroughfare, the City of Palm Desert needs to comply with that and make the area commercial; it cannot be residential housing. Mr. Barbeau stated that he would try to sell his home and leave the area because he needed to think about the safety of his children. With no further testimony offered, Councilman Snyder declared the public hearing closer'. Councilmember Benson stated she was not concerned about what other cities want on Palm Desert's streets when they are not willing to cooperate with what Palm Desert wants on Highway 111; however, she was concerned with the hours of curfew and would like to see it be from 9:00 p.m. to 9:00 a.m. which would allow children to get to school and people to get out of their driveways in the morning. She added that she would also like to see staff directed to look into the possibility of rezoning the area to commercial. Mr. Folkers stated that the Public Works Department would support that recommendation. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated that he hoped the residents on Fred Waring Drive realized that the Council was aware of the problems on this street, and there were other areas of the City which also had difficult situations. He said this area was set up before Palm Desert was a city and before the City had control over the way development is done. He said he did not feel residents should be misled to believe that it would be easy to change the zoning from residential to commercial because there are other neighbors behind Fred Waring who might not think it is a good idea. He added that the Council will try to work with the residents any way it can. Councilmember Benson moved to, by Minute Motion: 1) Extend the truck movement curfew to be in effect from 9:00 p.m. to 9:00 a.m. and; 2) direct staff to look at the possibility of rezoning the area from residential to commercial. Motion was seconded by Kelly and carried by a 3-0-2 vote, with Mayor Pro-Tem Crites and Mayor Wilson ABSENT. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting at 7:25 p.m. Motion was seconded by Benson and carried by a 3-0-2 vote, with Mayor Pro-Tem Crites and Mayor Wilson ABSENT. Al lra l: 4. SHEILA R. GGAN, CT/CLERK CITY OF PALM DESERT, CALIFORNIA 7'7X WII SOON, MAYOR 16