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HomeMy WebLinkAbout1994-03-10iv F MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tem Crites convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Mayor Pro-Tempore Buford A. Crites Councilmember Jean M. Benson Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson (arrived at 4:03 p.m.) 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 Phil Drell, Acting Director of Community Development Joe Gaugush, Acting 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 MARCH 10, 1994 s * * * * * * * * * * * * * * * * * * * * s * * * * * * * * * * * * s * * * V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 24, 1994. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 37, 38, and 39. Rec: Approve as presented. C. MINUTES of the Regular Meeting of the Palm Desert Civic Arts Committee of January 10, 1994. Rec: Receive and file. D. REQUEST FOR APPROVAL of the Addition of Golf Cart Lanes on Country Club Drive and Cook Street. Rec: By Minute Motion, approve: 1) the installation of golf cart lanes on Country Club Drive between Cook Street and Oasis Club Drive by removing curb -side parking; 2) the use of a golf cart route in the existing bike lanes on Cook Street from Fred Waring Drive to Country Club Drive; 3) extension of the golf cart lanes along Country Club Drive from Cook Street to Desert Springs Drive once the area's roadway construction is completed. E. REQUEST FOR APPROVAL of Final Parcel Map 27563 (Marriott Ownership Resorts, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 94-28 approving Parcel Map 27563. F. REOUEST FOR APPROVAL of Final Tract Map 27698 (Temple Construction, Applicant). Rec: Waive further reading and adopt Resolution No. 94-29 approving Tract Map 27698. G. CONSIDERATION of Requests for Proposal for Advertising/Publicist Services for Fiscal Year 1994-95. Rec: By Minute Motion, approve the release of the Requests for Proposal (RFP's), instruct staff to duly advertise the process, and proceed with the RFP process using the schedule in the staff report as a guide. 2 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REOUEST FOR APPROVAL of Art -In -Public -Places Selection Subcommittee Bylaws. Rec: By Minute Motion, adopt the bylaws for the Art -In -Public -Places Selection Subcommittee. I. CONSIDERATION OF LETTER from the. City of West Hollywood Requesting Several Actions by the City of Palm Desert Relative to Assembly Bill 13 Which Would Make all Workplaces, Including Restaurants, Smoke Free. Rec: Refer to staff for report and recommendation. J. REOUEST FOR APPROVAL of the Assignment of Cook Hovley Street Associates Development Agreement to Ironwood Associates. Rec: By Minute Motion, approve the assignment of the Cook Hovley Street Associates Development Agreement to the new r.�r;,.lg owner, Ironwood Associates. K. CONSIDERATION OF REQUEST for Vacation of Street Right -of -Way for Painters Path between Fred Waring Drive and the Palm Valley Channel. Rec: Waive further reading and adopt Resolution No. 94-30, setting a public hearing to consider the street vacation request. L. REOUEST FOR APPROVAL of Appropriation of Funds for City Representative for Labor Relations. Rec: By Minute Motion, authorize the appropriation of $10,000 from unobligated General Fund Reserves for using William Floyd of Best, Best and Krieger as the labor negotiator for the City of Palm Desert. M. REQUEST FOR APPROVAL of Refund of Business License for Tracie Bett Philo (Great Stuff), Business License No. 93-1949. Rec: By Minute Motion, approve the request for refund of business license fee for Tracie Bett Philo (Great Stuff), Business License No. 93-1949, in the amount of $45.51. Councilman Crites asked that Item G be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Councilman Kelly asked that Items H and J 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. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 s s s s s s * s s s* * s s s s s * s* s s s * * * s s * s s s s * s s s s VI. ORAL COMMUNICATIONS - A MS. L. JEAN DORES, Desert Falls Master Association, addressed Council relative to Item D on the Consent Calendar dealing with golf cart lanes on Country Club Drive. She expressed concern that these lanes would use the existing sidewalks on the perimeter of Desert Falls. Mr. Gaugush responded that the intent was not to have golf carts use the sidewalks, it was to continue the current program and use the roadways. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 740 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 284 AND DETERMINING THAT GENERAL MUNICIPAL ELECTIONS IN THE CITY SHALL BE HELD IN NOVEMBER OF ODD -NUMBERED YEARS. 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. 74 to second reading. Motion was seconded by Kelly and carried by unanimous vote. B. ORDINANCE NO. 741 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING FRED WARING DRIVE BETWEEN HIGHWAY 111 AND COOK STREET AS A STREET TO BE PROHIBITED FROM USE BY ANY THROUGH COMMERCIAL VEHICLE BETWEEN THE HOURS OF 9:00 P.M. AND 9:00 A.M. Mr. Altman noted the staff report in the packets and stated that Mr. Gaugush would answer any Council questions. Councilman Kelly moved to waive further reading and pass Ordinance No. 2,11 to second reading. Motion was seconded by Snyder and carried by unanimous vote. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL 1V t i i u1G MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 735 - 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. Erwin noted that he was still waiting for information requested from Sacramento, and he requested additional time before adoption of this ordinance. Councilman Crites noted that Item I of the Consent Calendar dealt with a request from the City of West Hollywood to endorse Assembly Bill 13 which would make all workplaces, including restaurants, smoke free. He asked whether passage of the Bill would make the proposed ordinance a moot point. Mr. Erwin agreed that it would. Councilman Snyder moved to table the ordinance until a report is received from the Chamber of Commerce and the City Attorney. Motion was seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER G. CONSIDERATIQN of Requests for Proposal for Advertising/Publicist Services for Fiscal Year 1994-95. Rec: By Minute Motion, approve the release of the Requests for Proposal (RFP's), instruct staff to duly advertise the process, and proceed with the RFP process using the schedule in the staff report as a guide. Councilman Crites asked for clarification of Item #4 under "Qualifications". Mr. Shillcock responded that the City had historically required that the firm providing these services not also be working in the same capacity with another city or chamber of commerce in the Coachella Valley. He said the concern was the possibility of a conflict of interest if the firm was working for two different Coachella Valley agencies and trying to attract tourists to both. Mayor Wilson stated he felt this type of a conflict could be determined in the interview process instead of having it be a requirement. Mr. Shillcock agreed this could be done; however, making it a requirement would eliminate the need to determine the possibility of a conflict on a case by case basis. Councilman Crites asked whether Item #5 under "Qualifications" would rule out organizations that are part of larger organizations that might have other components in other cities or states. He expressed concern that this would narrow qualified firms down to local agencies with no affiliation with anyone else and which do not already do this kind of work. Mr. Shillcock responded that one of the concerns was, for example, if the City contracted the advertising services with a firm that also owned a television station, it might be found that 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the majority of the advertising would be done with that television station, and this would be a conflict. Councilman Crites stated he felt this requirement would put an undue restriction of the application process. Upon question by Mayor Wilson relative to whether the Committee was adamant about these requirements, Mr. Shillcock responded that Item #4 had always been included in contracts and RFP's in prior years. He said the Committee did discuss Item #5 and agreed that this was a reasonable requirement. Councilman Kelly suggested doing the RFP's this time without Items 4 and 5. Crites agreed and said the selection committee could be directed to pay particular attention to make sure there are no such conflicts. Councilman Kelly also suggested an additional condition under "Scope of Work" for the advertising services. He said this would be Item #8 on the RFP for advertising services, and he suggested wording as follows: "If the City of Palm Desert had a train station, how would you promote it?" Mr. Shillcock agreed that this question could be added to the RFP. Councilman Kelly moved to, by Minute Motion: 1) Approve the release of the Requests for Proposal (RFP's), instruct staff to duly advertise the process, and proceed with the RFP process using the schedule in the staff report as a guide, with both RFP's amended to eliminate Items 4 and 5 under "Qualifications" and with the advertising services RFP amended to add Item #8 to the "Scope of Work" relative to promoting a train station; and 2) direct the selection committee to consider possible conflicts when it does the evaluations. Motion was seconded by Crites and carried by unanimous vote. H. REQUEST FOR APPROVAL of Art -In -Public -Places Selection Subcommittee Bylaws. Rec: By Minute Motion, adopt the bylaws for the Art -In -Public -Places Selection Subcommittee. Councilman Kelly expressed concern with the staff report indicating that the nine -member committee would be made up of two members appointed from the Civic Arts Committee, one architect appointed from the Architectural Review Commission, and six members from the community and that at all times the membership should include: architect, sculptor, landscape designer, engineer, museum professional, gallery owner, and three others from the design/art field (i.e., artist, art educators, art historians, conservators/restorers, and art promoters/collectors). He said he felt this makeup only represented 20% of the citizenry in Palm Desert, and he felt an average citizen should also be on the Committee to represent the other 80%. Community Arts Manager Catherine Sass stated that the Selection Subcommittee was more a technical committee, with decisions going to the Civic Arts Committee which has 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * representatives who do not all have the backgrounds listed in the report. She added that having the Committee made up of these types of professionals was a benefit in that the City was able to receive free advice that perhaps would have to be paid for otherwise, such as architectural services. Councilman Crites suggested that the fourth paragraph under Section 2 "MEMBERSHIP" of the by-laws be amended to read as follows: "At all times the A.I.P.O. shall strive to maintain a membership that includes: A professional artist, an architect, a landscape architect/designer. Other expertise includes gallery professionals, museum professionals, art educators, art historians, art conservators, designers, construction trades, and engineers. Membership shall also attempt to bring in one or more City residents with general interest in this Councilman Crites moved to, by Minute Motion, adopt the bylaws for the Art -In -Public -Places Selection Subcommittee as amended by Councilman Crites to include additional wording to Paragraph 4 under Section 2 "MEMBERSHIP" as stated above. Mr. Erwin noted that the second paragraph of Section 2 "MEMBERSHIP" would also need to be amended to reflect "Membership may be comprised of people..." instead of "Membership shall be comprised of people..." Councilman Crites agreed to amend his motion per Mr. Erwin's suggestion. Motion was seconded by Kelly and carried by unanimous vote. J. REQUEST FOR APPROVAL of the Assignment of Cook Hovley Street Associates Development Agreement to Ironwood Associates. Rec: By Minute Motion, approve the assignment of the Cook Hovley Street Associates Development Agreement to the new property owner, Ironwood Associates. Councilman Kelly stated that he had not agreed with this project when first approved and still did not feel the City needed an additional 600 apartment units. He stated he would, therefore, vote against this assignment. Councilman Crites moved to, by Minute Motion, approve the assignment of the Cook Hovley Street Associates Development Agreement to the new property owner, Ironwood Associates. Motion was seconded by Wilson and carried by a 3-1 vote, with Councilman Kelly voting NO. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 s s s s s s * s s s*$ s s s s s s s s s s * * * * s s * s s s s * s s s s X. NEW BUSINESS A. CONSIDERATION OF REQUEST BY RIVERSIDE ECONOMIC DEVELOPMENT AGENCY FOR CITY PARTICIPATION IN THEIR MORTGAGE CREDIT CERTIFICATE PROGRAM. Mr. Drell reviewed the staff report, noting that this program would allow first-time home buyers to deduct 20% of their mortgage interest up to $2,000 as a credit on their Federal income tax. Each city and county it allocated by the law a certain total dollar amount of credits based on bonding capacity. The City of Palm Desert's credits were $5 million. He added that this would not result in any financial obligation for the City nor would it restrict the City's ability to issue bonds in the future. Councilman Kelly moved to waive further reading and adopt Resolution No. 94-31, authorizing an application to the California Debt Limit Allocation Committee (CDLAC) to permit issuance of Mortgage Credit Certificates and authorize the Mayor to sign a Cooperation Agreement with the County of Riverside to administer the program (Contract No. C08370J. Motion was seconded by Crites and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF LAS PALMAS AND HIGHWAY 111 UNDERGROUNDING PROJECT (JOINT ITEM WITH THE PALM DESERT REDEVELOPMENT AGENCY). Chairman Wilson convened the Redevelopment Agency Meeting at 4:35 p.m. in order to consider this as a joint City Council/RDA item. ROLL CALL Present: Vice Chairinan Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Chairman S. Roy Wilson Excused Absence; Member Jean M. Benson Mr. Ortega reviewed the staff report. Upon question by Mayor Pro-Tem/Vice Chairman Crites, he stated that several years ago there was a requirement to underground some utility lines where the former A&W Root Beer business was located. There was a settlement by which the City agreed to do the undergrounding. In order to complete the work, the matter on this Agenda was necessary because it was not part of the settlement. He said this was considered 'to be a second phase and that it had been budgeted and bid for a long time; however, the work had been held until after Christmas and until the Classic was over. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman/Member Kelly moved to: 1) Waive further reading and adopt City Council Resolution No. 94-32 which will permit the Redevelopment Agency to pay for the undergrounding of utilities near the intersection of Las Palmas and Highway 111; 2) waive further reading and adopt Redevelopment Agency Resolution No. 292 which will permit the Redevelopment Agency to pay for the undergrounding of utilities near the intersection of Las Palmas and Highway 111. Motion was seconded by Snyder and carried by unanimous vote. C. REQUEST FOR APPROVAL OF DESIGN CHANGE ORDER NO. 1 TO CONTRACT NO. C06490 (PROJECT NO. 658-94) FOR THE INTERSTATE 10/COOK STREET INTERCHANGE PROJECT. Mr. Altman stated that staffs recommendation was that this item be continued to the meeting of March 24, 1994. Councilman Crites moved to continue this matter to the meeting of March 24, 1994. Motion was seconded by Kelly and carried by unanimous vote. D. CONSIDERATION OF THE RECLASSIFICATION OF DATA PROCESSING TECHNICIAN TO INFORMATION SYSTEMS MANAGER. Mr. Altman asked that this item be tabled because Data Processing Technician Stuart McClure had accepted another position. He said staff wanted to do additional research on this reclassification and would come back with a recommendation at a later date. He added that everyone at the City wished Stuart well in his new endeavors. Councilman Snyder also wished Stuart well and said he felt he had done a tremendous job while he was with the City. Councilman Crites moved to table this item. Motion was seconded by Snyder and carried by unanimous vote. E. REOUEST FOR CONSIDERATION OF APPEAL OF AUDIT FINDINGS BY MARRIOTT DESERT SPRINGS RESORT AND EMBASSY SUITES RELATIVE TO TRANSIENT OCCUPANCY TAX. Mr. Ramsey noted the staff report in the packets. He said staff had met with both hotels and had not been able to come to agreement. MR. DAVE ROLSTON, Marriott Desert Springs Resort and Spa, addressed Council relative to this matter. He said the hotel business had what is called "guaranteed no-shows", where guests who do not show up are billed for the cost of the room since the hotel cannot sell the room due to it being held for someone else. He said that 50% of the time the money is collected; however, it is not collected the other 50% of the time. He said they did not ask for the transient occupancy tax on these no-shows and were not made aware that they needed 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to do so until they were notified in December of 1993. At that time, they began taxing their guests on guaranteed no-show room revenue and remitting the tax to the City. He asked that the Council waive the payment of this tax for prior years. MR. LUIS VALDERRAMA, Embassy Suites, also addressed Council and said his hotel was in a similar position with regard to notification in December of 1993. He added that according to the City's brochure, the definition of "occupancy" is "use or occupation of any hotel room". Upon question by Mayor Wilson, he responded that Embassy Suites did start collection this tax in January of 1994. Councilman Crites stated that perhaps under strictest interpretation of the law the hotels should have known about this tax and should have been collecting it; however, if he had been the hotelier, he would not have been collecting it. Councilman Crites moved to, by Minute Motion: 1) approve the waiver of payment of transient occupancy tax on guaranteed no-show room revenues for prior years (until January, 1994); and 2) direct staff to process an amendment to the Transient Occupancy Tax (TOT) ordinance to clarify TOT charges on non-refundable room deposits. Motion was seconded by Kelly and carried by unanimous vote. F. INFORMATIONAL ITEMS 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to cable complaints received for the period February 15-28, 1994. 2. Highway 111 and Portola Avenue; Construction of Street & Traffic Signals Modifications Status Report (Contract No. C07440). Mr. Gaugush reviewed the staff report, noting that the contractor for this project, Carney Bros. Construction, had been given a Notice to Proceed in October, 1993; however, due to the onset of the season, this was modified by the City and work was scheduled to begin March 1, 1994. He said staff had subsequently received a letter indicating that the contractor's superintendent hadbeen injured and requesting postponement of the construction start until the first week of April. Staff did not have a problem with this request and just wished to inform Council of the changes. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMIVIISSION 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, February 10, and February 24, 1994). Councilman Crites noted that a letter had been received from the appellant requesting a two - week continuance. Councilman Crites moved to continue this matter to the meeting of March 24, 1994. Motion was seconded by Kelly and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF PROPOSAL BY DEB TRUAX RELATIVE TO HAVING ONE COACHELLA VALLEY AGENCY ACT AS A SINGLE REPOSITORY TO CERTIFY MINORITY BUSINESS ENTERPRISES (MBE). Mr. McAllister reviewed the staff report and recommendation. Councilman Crites moved to, by Minute Motion, approve the recommendation in the staff report that: 1) The City continue to use Caltrans as the established database for interagency use for shared information and the centralized "clearing house" for MBE certification; 2) the City of Palm Desert meet State and Federal requirements regarding compliance of MBE inclusions in its contract bidding procedures (per Caltrans letter dated December 22, 1993). Motion was seconded by Kelly. Mayor Wilson stated that he had attended a presentation recently relative to the Datamax Program. He said the City of Palm Springs would be doing a pilot program and that it was interested in getting as many CVAG cities as possible to participate. He added that Palm Desert's computer equipment was compatible and that there would be no cost. Councilman Crites agreed to amend his motion to add direction to staff to explore the possibility of developing Valley -wide participation in the Datamax Program. Councilman Kelly agreed to amend his second. Motion carried by unanimous vote of the Council. B. pISCUSSIQN OF CITIZENS ON PATROL (C.O.P.) PROGRAM. Deputy Brent Conley reviewed the Citizen Volunteer Program, noting that the group was considering changing the name of the program to VIPS (Volunteers in Public Service). He stated that the concept was to recruit volunteers from the community and train them in various duties such as crossing guards, art docents, park patrol, etc. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson stated that an advisory committee had been put together to work on this and that it was scheduled to meet next week. Councilman Crites moved to, by Minute Motion, approve the conceptual plan distributed to the Council during this meeting and to authorize the development of specifications for the program. Motion was seconded by Snyder and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. national Pollutant Discharge Elimination System (NPDES) Permit Funding Mechanism - County Service Area 152 Mr. Altman noted that this item had come up after the Agenda was posted. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Snyder and carried by unanimous vote. Mr. Gaugush reviewed the staff report, noting that public notices would be mailed out in early April from the County of Riverside announcing a public hearing before the County Board of Supervisors and a public forum before the Council on Thursday, May 26, 1994, with staff making presentations. He said Council could change the date if it wished so that the public forum would not be part of the regular City Council meeting and would instead be an informal public information session. Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 94-35, setting rates for County Service Area 152 - Palm Desert to fund City's National Pollutant Discharge Elimination System (NPDES) Permit Program; and 2) by Minute Motion, set 7:00 p.m. on Thursday, May 26, 1994, as the time and date for the public forum regarding the NPDES Program. Motion was seconded by Crites and carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9 (a) (Palm Desert v. Stine; Levald v. Palm Desert; Palm Desert v. Mihajson re: Paradise Bar), 54956.8, Real Property Transactions (easement by Katherine Fox west of the Storm Channel; 10 acre parcel in the North Sphere owned by Peter Solomon), and a Personnel session with the labor negotiator and team. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Approval of Out of State Travel for Community Arts Manama Councilman Crites noted that this item had come up after the Agenda was posted. Councilman Kelly moved to add this item to the Agenda for discussion. Motion was seconded by Crites and carried by unanimous vote. Councilman Crites reviewed the memorandum, noting that Ms. Sass had received an invitation to attend a reception honoring the Denver International Airport Public Art I:�t.�m. He said he felt this was a good opportunity for Ms. Sass and recommended approval. Councilman Snyder moved to, by Minute Motion, approve the request for out of State travel for Community Arts Manager Catherine Sass, with funds from the Public Art and Civic Arts Committee budgets to cover the cost. Motion was seconded by Kelly and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Kelly reported that he had attended a two-day workshop and General Membership Meeting of Southern California Association of Governments (SCAG). At that meeting, KMIR had received an award for outstanding television station in communication. He noted that he had also been elected to serve as Second Vice President of SCAG. XIV. ORAL COMMUNICATIONS - B Councilman Crites moved to adjourn the meeting at 5:00 p.m. to Closed Session, said Closed Session to immediately follow adjournment of the Redevelopment Agency meeting. Motion was seconded by Snyder and carried by unanimous vote. Mayor Wilson 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 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. ORAL COMMUNICATIONS - C MR. DAVID MAYBRUCK, 73-141 Fred Waring Drive, Palm Desert, addressed Council relative to an "environmental problem". He added that he did not feel he could discuss it with the Council at this time but that he would be going to the Air Quality Management District Board. Mayor Wilson suggested the Mr. Maybruck contact the City Manager and make an appointment to sit down and discuss the specifics of this situation. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING LABOR DAY AS "TRY AMERICAN DAY" IN PERPETUITY IN THE CITY OF PALM DESERT. Mayor Wilson read the proclamation and presented it to Mr Charlie Whalen on behalf of the entire City Council. B. PRESENTATION TO PATTY AND BOB DOWNS IN APPRECIATION OF THEIR GENEROUS GIFT TO THE CITY'S AFFORDABLE HOUSING PROGRAM. Mayor Wilson presented a plaque of appreciation to Patty and Bob Downs and thanked them for their generous gift of a mobilehome to be used as part of the City's affordable housing program. C. PROCLAMATION DECLARING SATURDAY, MARCH 12, 1994, AS "JONATHAN BERMAN DAY" IN THE CITY OF PALM DESERT. Mayor Wilson stated that he had an opportunity last month to attend the Desert Beautiful luncheon where awards for art and essay were presented to various young people from throughout the Valley. Several of those recipients of essay awards were from Palm Desert High School, and he asked Jonathan Berman to read his essay. He then presented him with a proclamation declaring Saturday, March 12, 1994, as "Jonathan Berman Day" in the City of Palm Desert. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT ESTABLISHING "LARGE FAMILY DAY CARE" PERMITS AND SETTING A PERMIT FEE (Case No. ZOA 94-1). Planner Jeff Winklepleck reviewed the staff report and offered to answer any questions. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. DORIS MECHANICK, Coachella Valley Child Care Coordinator, asked that this matter be continued so that the ordinance can be redone to be "family friendly" to the environment of Palm Desert. She noted that a committee of family child care providers and other professionals doing child care in Palm Desert felt the ordinance was very restrictive. Upon question by Councilman Crites, she stated that the report indicated that a provider could only have 12 children in the home total; however, State licensing requirements allow for up to 20 registered children with no more than 12 in the home at one time. She said she felt a lot of things in the ordinance would not hold up in court. She added that the ordinance as written was not encouraging people to become family child care providers. Mayor Wilson stated that he felt uncomfortable with the fact the Councilmember Benson was not present at the meeting, and he said he would like for her to participate in the discussion since she is the Council expert on child care. He suggested continuing the matter and asking staff to sit down with Ms. Mechanick, Councilmember Benson, several child care providers, and perhaps several people who live in that area and walk through the ordinance to see if it can be worded so that it is satisfactory to all parties and satisfies all requirements. Councilman Snyder moved to continue this matter to the meeting of April 14, 1994. Motion was seconded by Crites and carried by unanimous vote. B. REOUEST FOR APPROVAL OF AMENDMENT TO THE GENERAL PLAN LAND USE AND CIRCULATION ELEMENTS (Case No. GPA 93-3). Planner Jeff Winklepleck reviewed the staff report relative,to the land use element. He offered to answer any questions. Planner Steve Smith reviewed the staff report relative to the circulation element. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. EDWARD NOWAKOSKI, Attorney representing Mr. F.X. McDonald, addressed the Council and requested a continuance of this matter. He said this circulation element would impose a new street across the south side of Mr. McDonald's property at the southeast corner of Hovley and Portola. He said the original County General Plan provided that 42nd Avenue would cross from Cook Street to Portola. This was deleted when the City adopted its own General Plan in the 1970's and was replaced with Hovley Lane. He said that the plan would reestablish that segment of street. He added that Mr. McDonald requested the continuance in order to meet with staff and discuss the ramifications. Mr. Smith stated that staff had talked to Mr. McDonald's attorney earlier in the day and had no problem with continuing the matter to the meeting of April 14, 1994. He noted that page 4 of the circulation element should be changed to provide language in the first paragraph to indicate that the crossing at Cook Street has been completed. In addition, he noted changes 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 • * • • • • • * * • * * * • • * * • • * * * • * * * * * • * * • • * * • * * to page 8 relative to level of service. He said that for existing intersections that operate below service level "C", the goal will be to remain at the existing level or to improve it. Councilman Crites moved to continue this matter to the meeting of April 14, 1994. Motion was seconded by Kelly and carried by unanimous vote. C. jtEOUEST FOR APPROVAL OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT IN CONNECTION WITH THE BARRIER -FREE PROGRAM, A 19TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT. Mr. Drell reviewed the staff report and offered to answer any questions. Mayor Wilson declared the public hearing men and invited testimony in FAVOR of or OPPOSED to this request. MR. PETER THOMSON, 44-611 San Pablo Avenue, between Royal Palms and San Gorgonio on the west side of the street, spoke against the installation of a sidewalk by his r. ,r �-ti because it would take six feet away from his r and there would be no place for his tenants to park their vehicles. MR. CHARLES BROWN, 73-906 Lion Canyon Lane, Palm Desert Greens, spoke as owner of property adjacent to Mr. Thomson's on the south side. He said that in front of his property in the front yard was the largest tree along that side of the street. He said he was confused as to whether or not the tree would be removed and where the sidewalk would actually go. Upon question by Councilman Crites relative to what would be done about the Palm Desert Water Agency property on the west side of San Pablo, Mr. Gaugush responded that this matter was just being considered in general terms at this time. He added that points raised by Mr. Thomson, Mr. Brown, and Councilman Crites were all issues that would have to be addressed later during the design portion of the project. Mr. Drell added that what was before Council at this time was not the program itself; it was just to determine that there will be no significant negative impact on the environment. With no further testimony offered, Mayor Wilson declared the public hearing gloat Councilman Crites moved to, by Minute Motion, approve the Negative Declaration. Motion was seconded by Kelly and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 10, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Upon motion by Crites, second by Kelly, and unanimous vote of the Council, Mayor Wilson adjourned the meeting at 7:50 p.m. ATTEST: / ,, SHEILA R. GILLIGAN, CIT' /CLERK CITY OF PALM DESERT,'CALIFORNIA 17