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HomeMy WebLinkAbout1994-03-24MINUTES REGULAR PALM DESERT CITY COUNCIL Mt iiitTG THURSDAY, MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder III. INVOCATION - Mayor Pro-Tempore Buford A. Crites 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 Also Present: Bruce A. Altman City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Carlos L. Ortega, ACM/Director of Redevelopment Agency Ramon A. Diaz, ACM/Director of Community Development Richard Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Director of Finance Dave Millheim, Director of Human Resources Bob Smith, 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 Mayor Wilson requested a moment of silence in memory of Mr. Vic Meyerhoff, a long-time City employee who had recently passed away. 1bNNUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 10, 1994. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 40 and 41. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Southland Corporation for 7-Eleven Store #2171-22362, 73-800 Highway 111, Palm Desert. Rec: Receive and file. D. REOUFST FOR AUTHORIZATION to Advertise and Call for Bids for Curb, Gutter, and Cross Gutter Repairs (Contract No. C08470). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. E. REOUEST FOR AWARD OF CONTRACT for the Toro Peak Storm Drain Project - Phase I (Contract No. C07540). F. G. Rec: By Minute Motion, award the contract for the Toro Peak Storm Drain (Phase I) to Granite Construction Company in the amount of $195,051.00 and authorize a ten percent contingency in the amount of $19,505.10, for a total of $214,556.10. RESOLUTION NO. 94-3k - 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 (January 1994). Rec: Waive further reading and adopt. RESOLUTION NQ. 94-37 - 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 (February 1994). Rec: Waive further reading and adopt. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s * H. CONSIDERATION OF REQUEST for Refund of Overpayment of El Paseo Assessment Fees for the Years 1989, 1990, 1991, and 1992 (Robert W. Stewart, Jr., Esq., Applicant). Rec: By Minute Motion, approve the refund of prior years overpayment of El Paseo Assessment Fees in the amount of $364.00. I. REOUEST FOR APPROVAL of Additional Appropriation for the Electric Shuttle. Rec: By Minute Motion, appropriate an additional $5,000.00 from the unobligated General Fund Budget Reserve to the Electric Shuttle account. J. SCHEDULE OF INVESTMENTS as of February 28, 1994. Rec: Receive and file. K. REQUEST FOR APPROVAL of Mayors' and Councilmembers' Conference Bylaws. Rec: By Minute Motion, approve the Bylaws as submitted. L. CONSIDERATION OF REOU$ST from the City of South El Monte for Adoption of a Resolution Urging the District Attorney's Office and the Courts to Adopt a "Zero Tolerance Policy" for Persons Found Guilty of Illegal Gun Possession. Rec: Refer to staff for report and recommendation. M. CONSIDERATION OF RROUEST from Palm Desert High School for Approval of the Use of a Tethered Balloon for the 24-Hour Relay on Saturday, March 26, 1994. Rec: By Minute Motion, approve the tethered hot air balloon ride for March 26, 1994, at the Palm Desert High School 24-Hour Relay Challenge. N. REQUEST FOR APPROVAL of Agreement with Muni Financial Services, Inc. for Landscape and Lighting District and the Fire Tax District Administration (Contract No. C08480). Rec: By Minute Motion, enter into agreement with Muni Financial Services, Inc. for landscaping and lighting assessment district in the amount of $18,202.00 and the fire tax district in the amount of $7,300.00 (Contract No. C08480). 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 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 s s s s a s s: O. ItEOUEST FOR APPROVAL of Agreement with Muni Financial Services, Inc. for Comprehensive Mello -Roos Community Facilities District Administration, Arbitrage Rebate Calculations, and Related Administrative Services (Contract No. C08490). Rec: By Minute Motion, enter into agreement with Muni Financial Services, Inc. for Mello -Roos Community Facilities District (CFD) administration (Contract No. C08490). P. CONSIDERATION OF LEMER from Independent Cities Association Urging the City of Palm Desert to Oppose AB 3156 (Tucker) and AB 3721 (Tucker) Which Would Remove the Right of Cities to Provide Emergency Ambulance Service Without Approval of the Board of Supervisors. Rec: Refer to staff for report and recommendation. Upon motion by Snyder, second by Kelly, the Consent Calendar was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MR. JERRY LOVE, Local Streets and Roads Engineer for CalTrans District 11, presented an award to the City for excellence in transportation facilities, noting that this award was specifically for the City's golf cart transportation program. Mayor Wilson and Councilman Kelly accepted the award on behalf of the City. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction., None r 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: 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 that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 744. 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 that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 741. Motion was seconded by Kelly. Mayor Wilson asked Mr. Eric Larsen if he had any comments relative to this action. Mr. Larsen responded that when he last spoke with Council, there was discussion relative to rezoning the area to partial commercial from residential. He asked where that rezoning stood at this time. Mr. Folkers responded that the Planning Department was currently working on the rezoning which would come back to Council as a separate action. Mayor Wilson called for the vote. Motion carried by unanimous vote. IX. CONSENT ITEMS HELD OVER None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. REQUEST FOR APPROVAL OF PALM DESERT PEOPLEMOVER FUNDING APPLICATION. Mr. Altman noted the memo in the packets from Mr. Ortega recommending proceeding with the next step in the Peoplemover project. He added that the consultant, Barry Goodman, was available to answer any questions. MR. BARRY GOODMAN addressed the Council and reviewed the current status of this project. He offered to answer questions. Councilman Kelly moved to waive further reading and adopt Resolution No. 94-38 authorizing the City Manager to execute and file a grant application with the Federal Transit Administration seeking discretionary Section 3 funding to support the design phase of the Palm Desert Peoplemover Project. Motion was seconded by Crites and carried by unanimous vote. B. REQUEST FOR AUTHORIZATION TO NEGOTIATE FRANCHISE AGREEMENT BETWEEN THE CITY OF PALM DESERT AND WASTE MANAGEMENT (Contract No. C041701. Mr. Wohlmuth reviewed the staff report, noting that in 1989 the City initiated negotiations with Waste Management of the Desert to provide solid waste and recycling services. A contract was subsequently signed by the Mayor in February of 1990. The contract was for a five-year period "commencing on March 1, 1990, to and including the 28th day of February, 1995. Both parties shall work in good faith to extend the Franchise Agreement for an additional five (5) years." He said the process five years ago had taken approximately ten months to complete, and staff felt it was appropriate to begin negotiations now in order to complete them prior to the expiration of the contract. MR. CHUCK CERVELLO, 44-616 Buckingham, Indio, addressed Council as a representative of Western Waste and asked that his organization be allowed to participate in the negotiations with the City by submitting a proposal for solid waste and recycling services. He noted Palm Desert Municipal Code Section 3.32.090 relative to competition and bidding for any services over $5,000. Upon question by Mayor Wilson, Mr. Wohlmuth responded that part of the contract with Waste Management was that at the end of the five years, the City and Waste Management would "work in good faith to extend the Franchise Agreement for an additional five (5) yam" Councilman Crites confirmed with Mr. Erwin that "negotiating in good faith" meant the City would not have to agree to another five years and could look at other options. In addition, the City is not legally obligated at this point to go out for RFP's but could do so if it wished. 6 1bIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * Councilman Kelly moved to, by Minute Motion, authorize staff to negotiate with Waste Management of the Desert pursuant to Section II of the subject agreement. Motion was seconded by Snyder and carried by unanimous vote. C. CONSIDERATION OF CIVIC ARTS COMMu i r. , REQUEST FOR FUNDING FOR SUMMER CONCERTS - HOT NIGHTS/COOL SOUNDS. With Council concurrence, this item was held until later in the meeting. Mrs. Gilligan noted that this item was placed on the Agenda at the request of Councilmember Benson. MS. DIANNE FUNK, Chair of the Civic Arts Committee, thanked the Council for its continued support of and interest in the Committee's numerous projects and programs. MRS. PAULA KROONEN, Chair of the Subcommittee for the Summer Concerts, stated that the funds being requested were to pay for the groups that will be performing in the Hahn Amphitheatre during the months of June, July, and August. She said the Committee also found that additional funds would be needed to provide audio and lighting systems, and she hoped this matter would be before Council at its next meeting. Councilman Crites moved to, by Minute Motion, approve the request and appropriate $4,000 for production of four summer concerts in the Civic Center Park. Motion was seconded by Snyder and carried by unanimous vote. D. CONSIDERATION OF REOUESI FROM SEVERAL EL PASEO GALLERIES TO PRESENT THEIR VIEWS ON THE EL PASEO ARTWORK EXHIBIT. Ms. Sass reviewed the staff report and offered to answer any questions. Upon question by Councilman Crites, she stated that letters requesting artwork to be exhibited had been sent out on December 3, 1993, and the Selection Committee had looked at all submittals in January and selected those pieces that would be exhibited. She noted that the Committee consisted of the Chair of the Civic Arts Committee, the Chair of the Art -In -Public -Places Committee, Mr. Paul Campbell, Mr. Jim Struck as an El Paseo gallery owner, and one other individual. With regard to concerns raised about telephone numbers being listed on the art pieces, she stated that the original letter indicated that "the sponsor will be credited with signage at the sculpture which can include a phone number of purchase information". MS. CLAIRE JOELS, A Gallery Fine Art, 73-580 El Paseo, read a prepared statement and said she felt placing the telephone number of an outside artist on the sculptures was a very serious problem for the El Paseo galleries. She said the issue was not the exhibit itself; the El Paseo galleries wanted the telephone numbers of outside galleries and artists removed. Allowing them to remain was allowing these people to do business on El Paseo without the required business licenses. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. LESLIE MARt.nti iI, Whitt -Krauss Galleries, stated that the problem was that their overhead was so great and art is very competitive. She said they paid property taxes, business license fees, and high insurance rates to have this product on the street. When a telephone number is on a piece of art, it is promoting business outside of the community. She said she felt the entire program needed to be restructured to encourage more participation by and benefit to the community businesses She also expressed concern that the letters were sent to the galleries on December 3, 1993, with a deadline of December 31, 1993, which was very difficult to respond to in a timely manner. Councilman Crites said he was not sure there was a problem. He agreed that the letter should not have been sent out so late; however, that is when the City and the merchants obtained the funding for the project, and some of the El Paseo galleries did submit pieces for the exhibit. He said one of the things this program does is provide art for the entire street. He said the El Paseo Merchants' Association had endorsed the program, and the Board had met to consider complaints. The preference is to have the art pieces come from El Paseo galleries; however, if there is not enough response from within the community, the art must come from somewhere else. Councilman Kelly said he understood what Crites was saying; however, he agreed that there are merchants on El Paseo who pay a high fee to be there, and he felt the City may have made a mistake in accepting pieces from outside Palm Desert. He said he personally felt it was important to help and support the people who are paying taxes in Palm Desert, and it is especially important to make sure the El Paseo businesses are supported. MRS. SONIA CAMPBELL, President of the El Paseo Business Association and owner of Spectacular Shades on El Paseo, stated that although one-third of the art galleries were on El Paseo, the rest of the businesses on the street were other types of merchants. While the Association was trying to promote art on El Paseo, nothing had been done for any of the other merchants; however, she felt this program did benefit all of El Paseo by bringing in people who will look at the art and then shop on the street. She added that she felt the telephone numbers should be allowed, and she noted that the pieces are not for sale until after the exhibit ends next year. Mayor Wilson stated that with any program, you learn as you go along. He said he felt that next year, staff should begin earlier to get local galleries involved and to put together a program everyone can live with. With regard to the telephone numbers listed on the art piece, he said he felt the letter of intent indicated the number could be included on the signage, and to remove that now would be a violation of that intent. He added that he did not think the telephone numbers should be allowed next year. Councilman Snyder stated that the City had been trying for a long time to find ways to increase traffic on El Paseo and to bring in more people to look at the art in the City. He added that he felt this program did need to have some corrections. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a *** Councilman Crites suggested that next year's program have a two -tiered selection process, with Palm Desert galleries being the first group to be considered. If the Selection Committee does not find enough 4 f,r..,r...ate art from galleries within the City, the second tier would be those galleries outside the community. The telephone issue could also be discussed at that time. Councilman Kelly moved to, by Minute Motion: 1) Concur with the El Paseo Business Association's finding that the exhibit program is contractually set for the February 1994 - February 1995 exhibit; 2) form an ad hoc committee of interested parties to set parameters for any future sculpture exhibit on the street island medians. Motion was seconded by Crites and carried by unanimous vote. E. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the memo in the packets relative to cable complaints received for the period March 1-11, 1994. 2. El Paseo and Ocotillo Drive Intersection Traffic. Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Crites moved to, by Minute Motion, approve the recommendations and direction contained in the staff report. Motion was seconded by Snyder and carried by a 3-0-1 vote, with Councilman Kelly ABSTAINING as he was not present for the discussion. 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 Meetings of January 27, February 10, February 24, and March 10, 1994). Mr. Diaz reviewed the staff report and circulated the original awning plan that was submitted to the Architectural Review Commission and was denied and appealed. He then showed the new awning plan that was submitted by the applicant after the Council referred the matter back to the Commission. He said the matter was at an impasse because the Architectural Review Commission members felt that while something should be out there to draw attention of pedestrians into the center, they also felt that just having an awning sticking out was not the best way to do this. They felt that something more than just an awning should be done. Staff agreed with the Commission that neither of the plans was acceptable. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites asked whether the Commission had given any definition to "something more substantial". He also asked whether they had been willing to help the applicant in terms of something they felt would deal with the integrity of the building and the street and the applicant's need for identification and drawing power. Mr. Diaz responded that he felt the Commission had given the applicant sufficient direction. MS. VAL WATTS, 73-405 El Paseo, spoke on behalf of the owner and management of El Paseo Village. She said the merchants in this center had been suffering for the past several years because of the lower volume of business. She said she felt an entrance awning was an integral part of the overall concept and design which were vital to the center. She said that most of the tenants did not have El Paseo exposure because of the courtyard area, and she added that the second rendering was done to meet the changes suggested by the Architectural Review Commission. MR. ERNIE BROOKS, Palms to Pines Canvas, noted the changes in the second rendering from the first, including a lowering of the height from seven feet six inches to five feet. He said the Commission also suggested extending the awning further back by eight feet to go back inside the building. Ms. Watts added that these changes were made after the Council referred the matter back to the Architectural Review Commission, and these were changes originally recommended by the Commission and before the appeal. She also stated that the Commission did not like the idea of canvas stretching over the structure. Upon question by Mayor Wilson, Mr. Brooks stated that several members of the Commission were leaning toward a lighter structure made out of tubular material but did not like the use of canvas and would rather see banners hanging from the structure or wrought iron over the structure. He said his client did not want that look over the plaza and would rather have canvas. Ms. Watts stated that there was also an issue of expense in that it Would cost $15,000 as opposed to $5,000 to do what the Commission wanted. She said they could not pass this expense on to their tenants, and it would be a financial burden to make the type of structure change suggested by the Commission. Councilman Kelly stated that he did not think the first rendering submitted looked bad. He expressed concern that the applicant is trying to work things out to everyone's satisfaction; then when the applicant makes some of the changes suggested by the Architectural Review Commission, the Commission changes the whole idea of the design. He said he did not think the applicant was any less interested in the looks of the building than the City was, and he felt the applicant should have some leeway to design the building they way they would like to have it. He added that he felt the applicant had considerably out of their way to satisfy 10 Items REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the Architectural Review Commission, and he would like to see the second rendering approved. Councilman Snyder disagreed and said the Commission indicated at the beginning that it did not want to have an awning on that building. He said he wanted to do everything possible to encourage business on El Paseo; however, the same conditions needed to apply to everyone. He said the Architectural Review Commission was appointed by the Council to help properly design the streets and make them attractive but still be fair to everyone. He said it was difficult for him to override a decision of the Commission without first hearing the views of the Commissioners. Councilman Crites expressed concern that the Minutes of the last Architectural Review Commission meeting where this matter was discussed were not included in the packets. He said it would be a different issue if the applicant complied with the wishes of the Commission and then the Commissioners changed their minds. He asked whether it would be possible for the Council to direct two members (Kelly and Snyder) to meet with two members of the Architectural Review Commission to discuss this matter and to authorize the two Councilmembers to make a decision on behalf of the Council. Mr. Erwin responded that this was allowable. NOTE: Councilmember Benson arrived at 5:30 p.m. Mayor Wilson stated that he personally did not find the awning objectionable; however, the absence of the Architectural Review Commission Minutes and discussion did deprive the Council of information needed to make a decision on this matter. Mr. Diaz apologized for not including the Minutes in the staff report. He noted that the Commissioners, from day one, were not happy with the awning structure and wanted some other type of structure. Councilman Kelly stated that he saw nothing wrong with the awning and felt it was wrong to keep continuing this matter. He said he would like to see the Council grant the appeal and approve the second. rendering. Councilman Kelly moved to, by Minute Motion, grant the appeal and approve the second awning rendering. Motion was seconded by Wilson. Mayor Wilson said he felt the issue was clear. The Architectural Review Commission is basically doing what the Council appointed it to do in making sure improvements are of the most desirable design. He said this is an issue of economics; what the Commission is recommending is more expensive, and the tenants do not want to pay that much money but still want to draw people into the courtyard. He said he agreed with Councilman Kelly that the awning is acceptable and would not detract from the structure. 11 11dINU'TES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that the staff report did not include good rationale from the Commission for what it is doing. He added that the Council needs to get a better presentation of the issues so it can make better decisions. Councilman Snyder stated he did not really mind the awning but was concerned that the Architectural Review Commission's recommendation was being ignored. Councilmember Benson stated that the Commission was doing what the Council asked it to do. The Council indicated it did not want awnings that did not connect to a building, and an entryway into a courtyard is not a building. She said she felt banners would do a lot more to bring people into the center, and she would not vote in favor of approving the awning. Mayor Wilson called for the vote. The motion failed by a 2-3 vote, with Councilmembers Benson, Crites, and Snyder voting NO. Councilman Crites moved to, by Minute Motion, refer the matter to an ad hoc committee of Councilmen Kelly and Snyder to meet with a representative or representatives of the Architectural Review Commission (to see what the Commission's position is) and the applicant to discuss the matter and try to come to a consensus, with Kelly and Snyder given the authority to make the final decision on behalf of the City Council. Motion was seconded by Wilson and carried by a 4-0-1 vote, with Councilman Kelly ABSTAINING. B. REOUEST FOR APPROVAL OF DESIGN CHANGE ORDER NO. 1 TO CONTRACT NO. C06490 (PROJECT NO. 658-94) FOR THE INTERSTATE 10/COOK STREET INTERCHANGE PROJECT (Continued from the Meeting of March 10, 1994). Mr. Altman recommended that this item be continued to the meeting of April 14, 1994. Councilman Crites moved to continue this matter to the meeting of April 14, 1994. Motion was seconded by Snyder and carried by unanimous vote. XII. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF LOCAL VENDORS' PREFERENCE POLICY. Mr. Altman noted the memorandum in the packets and stated that Mr. McAllister was available to answer any questions. MR. DENNIS CHAPPELL, 39-670 Regency Way, Palm Desert, spoke in favor of this concept. He agreed with the Council that we should not interfere with free trade; however, he felt more diligence was needed on the part of the Council, staff, and those in charge of purchasing of any kind in the City to put forth more effort in obtaining bids, quotes, etc. from the local community in addition to architectural and interior design of projects. He said he felt that whoever is assisting with the preparation of RFP's should not be allowed to 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * participate by submitting an RFP; this would eliminate the ability for them to design that request and gear it toward their own company. He congratulated the City for making a strong effort to involve the local community, and he asked that the Council continue to do so. Councilman Crites moved to, by Minute Motion, based on legal opinion and factors outlined in the staff report, approve the following: 1) That the City continue to rely upon Palm Desert Municipal Code Chapter 3.32 and direct all City departments to encourage the use of local firms whenever possible; 2) that the City decline to adopt a more restrictive local preference policy at this time; 3) that Council direct staff to develop, for Council's approval, an outreach program similar to the program adopted by the Riverside County Board of Supervisors on March 8, 1994. Such a program would formalize a policy to encourage businesses run by minorities, women, and disabled veterans to compete for City business (see Desert Sun article attached to the staff report). Motion was seconded by Snyder. Mayor Wilson questioned recommendation #2. He said the South Coast Air Quality Management District was attempting to develop a local preference weighting system. He said he did not want to close the door and wanted to be able to present to staff some of the findings from the District to see if perhaps there might be something that would also work for Palm Desert. Mr. McAllister noted that recommendation #2 was that the City decline to adopt a more restrictive local preference policy "at this time", so what Mayor Wilson was requesting would fit in with this recommendation. Mayor Wilson called for the vote. Motion carried by unanimous vote of the Council. B. CONSIDERATION OF REPORT RELATIVE TO SEWER SLUDGE DUMPING WITHIN THE COACHELLA VALLEY. Mr. Folkers noted the staff report in the packets and offered to answer any questions. Mayor Wilson stated that Mrs. Kopp had asked that the Council make some type of expression of concern with regard to the effect on the environment in the Coachella Valley. Councilman Crites stated that the lead editorial in the Desert Sun the previous Tuesday was about this matter, and it pointed out that the Bureau of Indian Affairs looked like it had been abject in its failure to regulate this dumping. He said the area in question was not the only area in the Valley where this type of dumping was being done. He suggested that a letter be directed to the Valley's Congressional delegate requesting investigation into the general issue of oversight by the Bureau of Indian Affairs of tribal lands because we have had the same type of issue almost exist on Highway 74. He added that there seemed to be a systemic lack of good regulation. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson also suggested that a copy of the letter be sent to other Valley cities to show what Palm Desert is doing and encourage their participation. Mrs. Kopp thanked the Council for its support and said she would like to see other cities participate. She also agreed with sending a letter to Congress. Councilman Crites added that he had asked that this be placed on a Coachella Valley Association of Governments (CVAG) Agenda for consideration. Councilman Crites moved to, by Minute Motion: 1) Direct the Mayor to send a letter (stronger than the one included in the staff report) to the appropriate governmental and regulatory agencies outlining the City of Palm Desert's concerns with the dumping of sewer sludge within the Coachella Valley, with copies to other Coachella Valley cities, the Bureau of Indian Affairs, and Mrs. Kopp; and 2) direct the Mayor to also send a letter to our Congressman requesting investigation into the general issue of oversight of tribal lands by the Bureau of Indian Affairs. Motion was seconded by Benson and carried by unanimous vote. C. CONSIDERATION OF THE REVOCATION OF BUSINESS LICENSE PURSUANT TO PALM DESERT MUNICIPAL CODE SECTION 5.04.160(B) (VICTOR MIHAJSON INDIVIDUALLY AND DBA VICTOR'S BISTRO AND DBA PARADISE BAR). Mr. Erwin noted the report in the packets, which included the history of this matter and set forth what the Council may or may not do. He stated the three alternatives were listed starting on the bottom of page 7 and said the findings would include the staff and Sheriff's Department reports. At the request of Mayor Wilson, Mr. Erwin stated that the business license was temporarily suspended because Mr. Mihajson was allegedly operating and adult entertainment establishment in a zone in which it was not permitted. That adult entertainment business is permitted under the City's code in specific zones, and this was not one of them, and no application had been made for a change of zone. He briefly reviewed the history of this matter. MR. VICTOR MIHAJSON addressed Council and stated that he had checked with the City's Code Enforcement Department before starting this business and had asked what kind of entertainment he could put in his establishment. He said he had specifically asked about exotic and belly dancers. He had also checked with his attorney, Bruce Blaisdell, who indicated there would be no problem. He said he opened his business and was then cited by the Police Department. He added that he had tried to contact the City Attorney to see what he could put in there but that the City Attorney would not speak with him. He asked Council for permission to operate his nightclub business without dancers. MR. JAMES DUBBERVILLE, 44-635 San Carlos, asked that the Council allow Mr. Mihajson to have his business license reinstated. MR. JAMES VUKOVICH, 44-635 San Carlos, also spoke in favor of reinstating Mr. Mihajson's business license. 14 MINUTES -- REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * s s * * * * * * * * * Upon question by Mayor Wilson, Mr. Erwin stated that it was communicated to Mr. Mihajson what type of entertainment was allowed, and he was told he could operate his business as long as he did not have the type of entertainment that falls under the City's definition of "adult entertainment". He said Mr. Mihajson did not appear at the February 16th hearing. He said it was not the desire to shut him down; however, Mr. Mihajson chose per the declaration in the report to continue to operate in the same manner. Councilman Kelly asked what affect any action taken by the Council would have on the court hearing. Mr. Erwin responded that action by the Council would not have any detrimental affect from the City standpoint. He said the court will make a determination whether on the date alleged Mr. Mihajson is in contempt of the court order. He added that the court order was based on violation of the zoning ordinance and had nothing to do with the business license. Councilmember Benson stated that she would be in favor of Alternate #3 of the staff report since Mr. Mihajson's past history was that he had not done what the City asked. Councilman Snyder agreed that Mr. Mihajson had done enough in the past to justify the City's removal of his business license. Councilman Crites agreed that taking away Mr. Mihajson's business license in a permanent way was very strong; however, evidence showed that violation of the law had been continuing after two court hearings. He said he felt this was evidence that showed deliberate lack of willingness to abide by what the courts determined. Councilman Kelly agreed with the statement that it was serious to take someone's business license away. On the other hand, the City was serious when it adopted its ordinances and serious each time it took action. He said there was also an opportunity on Mr. Mihajson's part to abide by both the City's ordinances and the court injunction. Mr. Mihajson stated that his attorney had advised him that he was not doing anything to violate the City's code. He added that he did not appear in court because his attorney said he was not seeking a permit for adult entertainment. Mayor Wilson stated that he was swayed by the fact that Mr. Mihajson had been in business in the City for six years, and this was to his knowledge the first and only violation of the City's code. Because of this history, he said he would lean toward not revoking the business license permanently but to reinstate the license with the understanding that any adult entertainment as defined in the City's code would mean immediate revocation of the business license. Councilmember Benson moved to, by Minute Motion, revoke the business license of Mr. Mihajson based on findings and conclusions of the staff report and declarations. Motion was seconded by Crites and carried by a 3-2 vote, with Councilman Snyder and Mayor Wilson voting NO. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL b1r.r.i u ITG MARCH 24, 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 RBI. REPORTS AND REMARKS Note: These items were considered following the public hearing portion of the Agenda. A. CITY MANAGER 1. El Paseo Banners Councilman Crites moved to add this item to the Agenda for discussion as an item which arose after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote. Mr. Altman noted the memo dated March 24, 1994, and offered to answer any questions. Councilman Snyder moved to, by Minute Motion, approve the El Paseo Business Association request for seasonal banners in an amount not to exceed $3,000.00. Motion was seconded by Crites and carried by unanimous vote. B. CITY ATTORNEY Deputy City Attorney Doug Phillips requested a Closed Session at the appropriate time pursuant to Government Code Section 54956.9(a), Existing Litigation (City of Palm Desert v. Palm Desert Mini Warehouse), Section 54956.9(c), Pending Litigation, and 54956.8, Real Property Acquisition (property owners Ahmanson and Kathleen Fox - south of Painter's Path; property located on El Paseo - owners Wilmot and Lennon; property in Section 4 - owners the Taylor brothers; potential lease with the Odekirks). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Crites asked that the next City Council Agenaa include a report on what staff is planning to do and the timetable in terms of welcoming in the newly annexed components of Palm Desert. He said approximately 10,000 people would be added to the City, and he asked how they would be notified that they were Palm Desert residents and welcomed to the City. Mr. Altman responded that staff was working on various things in this regard. He said the annexations would not take effect until closer to June, and he suggested that this wait until then. Council concurred. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Palm Springs Desert Resorts Airline Service Task Force Councilman Crites moved to add this item to the Agenda for discussion as one which arose after the Agenda was posted. Motion was seconded by Benson and carried by unanimous vote. MR. ED BARTH, President of BDM Global Marketing Group, Inc., gave a brief presentation to the Council relative to the development of the Airline Service Council, noting that Palm Desert's share of the cost would be $25,000 per year. Councilman Snyder stated he agreed with the concept but felt it should be under the Convention & Visitors' Bureau since we charge them with bringing tourists here. He asked how many of the cities listed in the report had actually agreed to participate. Mr. Barth responded that this was the second City he had made a presentation to; he said that the City of Cathedral City would have a special vote on the subject on Tuesday. He would then go to the rest of the cities. He added that to date, only the JPA Executive Committee had agreed to participate. With regard to the Convention & Visitors' Bureau function, Councilmember Benson stated that this Service Council was a community effort and not just on the back of the CVB or hotels. She added that it involved a greater segment of the community to further this effort. Mayor Wilson stated he felt this was a modest investment that has tremendous potential for the business community and hotels and the potential to serve our own citizens, especially year-round residents. He said it would be nice to fly out of Palm Springs for the same rate as out of Ontario, and he felt this would be money well spent. Councilmember Benson stated that they had worked hard to get to this point, and it is the biggest improvement in the airline dilemma in recent years. She said one of the reasons for this accomplishment was the cities working together, and the vote of the Task Force was unanimous to take this back to their respective City Councils. Councilman Crites asked whether this program was dependent on unanimous approval of all of the cities. Councilmember Benson responded that if there is not unanimous approval, the Airline Task Force will look at the matter again to see if the JPA will contribute more. She added that Dave Rolston of the Marriott had indicated he would go out into the hotel community to get additional funding. Councilmember Benson moved to, by Minute Motion, approve the funding formula and change in the bylaws, with the City of Palm Desert's participation. Motion was seconded by Kelly. 17 Items REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * Mr. Altman stated that he was present at the meetings with Councilmember Benson where the executive group voted unanimously in favor; however, the JPA requires unanimous consent for change. He said the Technical Advisory Committee (TAC) had unanimously recommended against it because they see it as a speculative thing, and there are legal issues such as how to change the agreement without unanimous consent for the funding formula. Councilmember Benson stated that this was not a change in the funding formula. Mayor Wilson asked whether the motion was to commit the City of Palm Desert to participate in the program and approve the payment of $25,000. Councilmember Benson agreed as did Councilman Kelly as the maker of the second. Motion carried by unanimous vote of the Council. 3. Stage Shade Cover for Hahn Amphitheater Chairman Wilson convened the Redevelopment Agency meeting at 8:07 p.m. to discuss this as a joint item. Present: Member Jean M. Benson Vice Chairman Buford A. Crites Member Richard S. Kelly Member Walter H. Snyder Chairman S. Roy Wilson Councilman/Member Crites moved to add this item to the Agenda for discussion as one which arose after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote. Councilman/Member Snyder stated that for some time the Civic Center Steering Committee had been trying to get an appropriate cover for the Hahn Amphitheater. An organization had been located that would do a good job for the City, and he showed photos of the types of covers this organization could provide. He noted that the urgency was because the organization had just received a major contract that would take up all of its facilities for the next nine months, and manufacturing a cover for the City would take from four to five weeks. If it was not ordered quickly, the organization would not be able to manufacture the cover to be used for the coming year. He added that the total cost would be approximately $43,000. Upon question by Councilman/Member Crites relative to whether or not local people were contacted who manufacture canvas awnings, Councilman/Member Snyder responded that staff had looked at many organizations, and this was the only one that was found that could do this for the City. He added that the fabric was a heavy material, not canvas, with a heavy aluminum frame. 18 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * Councilman/Member Snyder moved to, by Minute Motion, authorize the Redevelopment Agency to purchase the stage shade cover for the Hahn Amphitheater in an amount not to exceed $43,000.00 and authorize the appropriation of funds from the Agency project fund reserve. Motion was seconded by Benson and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Crites distributed information relative to the California Center for Civic Renewal, which is 12 communities in the State that do one -day forums bringing together people from the business community, government, religion, etc. to talk about what is right and wrong in terms of local government. He said that given the kinds of things Palm Desert has done in the past to bring citizens together to look at various issues, he asked permission to pursue more information on that with the idea of Palm Desert being a potential site for this type of forum. Council concurred. Councilman Crites added that throughout the entire conference he had attended, the issue of local government and education kept coming up from speakers. He asked that Councilman Snyder and several interested staff members continue to meet with the Charter School Committee and principal at Washington School to help make that kind of project work. Councilman Snyder stated he had attended a meeting last week at the Board of Education and was very enthusiastic about the philosophy and approach. He said he would be very happy for the Council to give its go-ahead. Mayor Wilson said he also agreed this was a good opportunity for Washington School. He added that the Desert Sands Unified School District Board would be acting on this matter in April. He suggested that the City Council meeting immediately following the Board's decision include an Agenda item whereby the Council formally expresses its support for the Washington School Charter School Program. 2. Councilman Crites stated that one of the things he was reminded of while he was at Yosemite was the importance of the City's Public Works Department. He added that that park was falling apart in terms of infrastructure. 3. Councilmember Benson commented that in watching Steven Spielberg accept his Academy Award the other night, at the end of his acceptance speech he encouraged the schools and communities to teach and make the children and the communities aware of the Holocaust. She said she thought how appropriate it was that the City of Palm Desert would have a Holocaust Memorial in its park. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Mayor Wilson noted that he had been asked to sign a letter to a city in Ixtapa, Mexico, asking them to consider becoming a sister city to Palm Desert. He read the letter and asked if this had come through the Council. Councilman Crites stated that the last minutes of the Sister Cities Committee reflected a discussion of this issue. He said although he was not at that meeting, he had been asked to be at the next meeting to discuss next year's work plan. He said his honest bias was that this was premature and that the Committee needed to put together a work plan to discuss these types of issues. Mayor Wilson stated that he was reluctant to sign the letter issuing an invitation until he had Council direction. He noted that there was another letter for him to sign that basically rejected an offer from a city in England. Mr. Wohlmuth stated that the Sister Cities Committee had been working on a third sister city for Palm Desert and noted that the bylaws allowed for the consideration of an additional sister city every three years. The direction of the Sister City Committee was to look for a city in a third -world country. The aim was a city in Mexico because of its proximity, the NAFTA considerations, etc. After looking at many cities in Mexico, the Committee found that very nearly all of the cities favored by the Committee had sister city relationships with cities in California. The Committee wanted to investigate whether Ixtapa would even be interested in such a relationship before the matter came to Council, and the letter indicated that this was the first step in the process. Mayor Wilson suggested that the chairman of the Sister Cities Committee send an exploratory letter asking for general information instead of having a formal letter from the Mayor that might indicate the City of Palm Desert is seriously interested. Councilmember Benson agreed with Crites that this might be a bit premature and that a work program needed to be developed by the Sister Cities Committee to determine how much time and money will be spent. Council concurred that the Sister Cities Committee chairman send an exploratory letter. XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Wilson recessed the meeting at 6:15 p.m. for dinner. He reconvened the meeting at 7:00 p.m. 20 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION See the Reports and Remarks section of the Minutes for Council discussion and action. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING SATURDAY, MARCH 26,1994, AS "24-HOUR RELAY CHALLENGE DAY" IN THE CITY OF PALM DESERT. Mayor Wilson read the proclamation and presented it to Ms. Nancy Kurtik on behalf of the City Council. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST TO DELEit: PUBLIC WORKS CONDITIONS AS THEY RELATE TO DRAINAGE FEES AND PUBLIC SIDEWALK IMPROVEMENTS FOR THE PROPERTY AT 73-020 HOMESTEAD ROAD IN THE R-1 10,000 ZONE, Case Nos. PM 77895. VAR 93-6. ADJ 93-10 (THE LIVING DESERT, APPELLANT). Mr. Diaz reviewed the staff report and recommendation to approve the request. Mayor Wilson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MS. KAREN SAUSMAN, Executive Director of The Living Desert, stated they would not be planning any construction on the site and would not change the property in any way at all. She added that required sidewalk improvements would cause the removal of a great deal of plant material that is part of the garden aspect of the property. Upon question by Mayor Wilson relative to the conditions as amended and deleted, she said she was satisfied and would be happy to meet the conditions relative to filing and survey fees. She added that just the sidewalk improvements and drainage fees were the problem. Upon question by Mayor Wilson relative to public works condition #2 regarding signalization fees, Ms. Sausman stated that they were fairly modest and were not a problem. Mr. Diaz added that those fees would only be collected if construction were to take place on the site. As long as there is no building, no fees will be collected. MR. CLAUDE BLACK, property owner to the west of the in question, stated it was his understanding that The Living Desert wanted to put in four R-1 lots, and he asked which direction the drainage would go. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 24, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Wilson responded that the division of the lots was for the purpose of donating some land to The Living Desert. He said there would be no changes made to that land; at such time as they should want to come in and build something, they would have to come in with a grading plan at that time to make sure it would not have an impact on surrounding pa upies Les. Mr. Black asked whether he would be given the same consideration if he decided to build with regard to the sidewalk. Mr. Diaz responded that it would be a public hearing matter just like this item, and staff could not commit to it one way or the other at this time. Mayor Wilson declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 94-39 approving PM 27895, VAR 93-6, and ADJ 93-10, subject to conditions, and with thanks to the donor. Motion was seconded by Benson and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Wilson adjourned the meeting at 8:25 p.m. to Closed Session for purposes noted by the City Attorney. He reconvened the meeting at 10:05 p.m. and immediately adjourned with no action announced from the Closed Session. ATTEST: SHEILA R: GILLIGAN, CITY CLERKS CITY OF Pi LM DESERT, CALIFORNIA Y WILSONi MAYOR 22