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