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HomeMy WebLinkAbout1994-05-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilman Walter H. Snyder W. ROLL CALL Present: Mayor Pro-Tempore Buford A. Crites Councilman Richard S. Kelly Councilman Walter H. Snyder Mayor S. Roy Wilson Excused Absence; Councilmember Jean M. Benson Also Present:. Bruce A. Altman, City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Carlos L. Ortega, ACM/Director of Redevelopment Agency Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Paul Gibson, Director of Finance Joe Gaugush, Senior Engineer Bob Smith, Acting Director of Code Compliance Pat Conlon, Director of Building and Safety Catherine Sass, Community Arts Manager Ken Weller, Emergency Services Director John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 28, 1994. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * * * * * * s B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 46, 47, 48, and 49. Rec: Approve as presented. C. RESOLUTION NO.94-52 - 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 (March 1994). D. E. Rec: Waive further reading and adopt. LETTER OF RESIGNATION from Ms. Diane S. Cox from the Planning Commission. Rec: Receive with sincere regret. REQUEST FOR APPROVAL of Five -Year Measure "A" Local Funds Program. Rec: By Minute Motion, approve the five-year Measure "A" Local Funds Program for the Riverside County Transportation Commission. F. REOUEST FOR APPROVAL of Design Change Order No. 2 to the Cook Street Extension Contract (No. C07420), Project No. 660-94. Rec: By Minute Motion, approve Design Change Order No. 2 to the subject contract in the amount of $11,700.00 for the designmodification of the extension of Cook Street at Frank Sinatra Drive (funds available from the Capital Project Reserve Fund, Account No. 400-4356-433-4001). G. REOUEST FOR AUTHORIZATION to Transfer Funds for Project Management Services (Contract No. C044031. Rec: By Minute Motion, authorize the transfer of $10,000 from Public Works Professional Services Account 110-4300-413-3010 to Account No. 110-4300-413- 3090 for the continuation of Contract No. C04403 through June 30, 1994. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Stolinization at the Ironwood Park and Various Locations at the Civic Center Park (Contract No. C08650). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL lbw i ii G MAY 12, 1994 s * * * * s * s * s s s s s s * s s * s s s s * * * s * s * * * s * * * * * I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Street Maintenance and Repair Program (Contract No. C08660). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the Street Maintenance and Repair Program. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Curb, Gutter, and Cross Gutter Repairs (Contract No. C08670). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1994 Slurry Seal Program (Contract No. C08680). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject program. L. REQUEST FOR APPROVAL of Administrative Services Agreement Relative to County Service Area 152 (NPDES), Contract No. C08690. Rec: By Minute Motion, authorize the Mayor and City Manager to execute an Administrative Services Agreement between the City of Palm Desert and the County of Riverside relating to CSA 152 - NPDES. M. REQUEST FOR APPROVAL of Painters Path Quitclaim Deed. Rec: By Minute Motion, authorize the Mayor to execute a Quitclaim Deed for the transfer of the City's interest in Painters Path. N. RESOLUTION NO. 94-53 - A Resolution of the City Council of the City of Palm Desert, California, Opposing Assembly Bill 122 Which Would Amend the Mobilehome Residency Law to Prohibit Cities and Counties from Adopting or Enforcing Rent Controls Within Mobilehome Parks. Rec: Waive further reading and adopt. Mr. Altman asked that Item E be held for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Crites, second by Kelly, the Consent Calendar, with the exception of Item E, was approved as presented by unanimous vote of the City Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL Mrx.. i jr G MAY 12, 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 s s s s s VL ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 744 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 10.64 OF THE PALM DESERT MUNICIPAL CODE RELATING TO PARADE PERMITS. Mr. Altman noted that no changes had been made since introduction of this ordinance, and he recommended adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 2.44. Motion was seconded by Kelly and carried by unanimous vote. B. ORDINANCE NO. 745 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Ocotillo Drive between El Paseo and Grapevine Street). Mr. Altman noted that no changes had been made since introduction of this ordinance, and he recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 245. Motion was seconded by Kelly and carried by unanimous vote. 4 M3NUTES REGULAR PALM DESERT CITY COUNCIL b r r.iudG MAY 12, 1994 s s * * * * * s s s* * * s* s * * s * * * * * s s * * * * * * * * s s s s C. ORDINANCE NO. 746 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Portola Avenue between Fred Waring Drive and Magnesia Falls Drive; Portola Avenue between Magnesia Falls Drive and Country Club Drive). Mr. Altman noted that no changes had been made since introduction of this ordinance, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 246. Motion was seconded by Snyder and carried by unanimous vote. D. ORDINANCE NO. 747 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Monterey Avenue between Fred Waring Drive and Park View Drive; Monterey Avenue between Park View Drive and Country Club Drive). Mr. Altman noted that no changes had been made since introduction of this ordinance, and he recommended adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. Z. Motion was seconded by Kelly and carried by unanimous vote. E. ORDINANCE NO. 748 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 9.20.040 OF THE PALM DESERT MUNICIPAL CODE AND ADDING SUBPARAGRAPH (C) OF CHAPTER 9.20 OF TITLE 9 OF THE MUNICIPAL CODE RELATING TO HUMAN WASTE. Mr. Altman noted that no changes had been made since introduction of this ordinance, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. 248. Motion was seconded by Snyder and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER E. REQUEST FOR APPROVAL of Five -Year Measure "A" Local Funds Program. Rec: By Minute Motion, approve the five-year Measure "A" Local Funds Program for the Riverside County Transportation Commission. Mr. Folkers noted the new Page 1 of the five-year program and stated that funding for the all-weather bridge at Monterey Avenue and Whitewater was at one time intended to be 5 MINUTES REGULAR PALM DESERT CITY COUNCIL 111N•zi11iG MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * through the Redevelopment Agency; however, it will actually be done through Measure "A" funding, and the project had been moved up on the list. He said Items 1 and 2 of the report in the packet would be shifted to the next year. The projects to be funded for Fiscal Year 1994/95 would be the traffic signal at Gerald Ford Drive and Monterey Avenue, the all- weather bridge at Monterey Avenue at Whitewater Flood Control Channel, and the traffic signal and intersection improvements at Country Club Drive and Monterey Avenue. Councilman Kelly moved to, by Minute Motion, approve the five-year Measure "A" Local Funds Program for the Riverside County Transportation Commission, as amended by Mr. Folkers. Motion was seconded by Snyder and carried by unanimous vote. A. NEW BUSINESS A. PRESENTATION BY MS. DONNA K. McCUNE, BRANCH MANAGER OF THE PALM DESERT LIBRARY, RELATIVE TO CHANGES, ADDITIONS, AND UPGRADES INITIATED IN THE PAST YEAR AT THE PALM DESERT LIBRARY. Mrs. Ella Manor, representative to the Library Advisory Board, introduced Ms. Donna McCune, Branch Manager of the Palm Desert Library. Ms. McCune reviewed changes and upgrades initiated in the past year at the Palm Desert Library, including acquisition of a "Magazine Collection" microfilm reader/printer and attendant files from 1980 to present, addition of "Infotrac", a periodical directory, to the computerized public access catalogue, and upgrading of the reservation and renewal functions in the Library's automated circulation system. Councilman Kelly complimented Ms. McCune on the improvements to the Library. B. PRESENTATION BY THE PARENTS' CLUBS OF THE SCHOOLS OF PALM DESERT. MR. DAVID BURROUGHS, Teacher at Washington Charter School, addressed Council and introduced student Kristen Losher, a fifth grader at Washington School. Ms. Losher thanked the Council for its funding and support of the school. Washington School student Paul Friend presented each of the Councilmembers with a button which read "Palm Desert Loves Kids". Seven students from Abraham Lincoln School read the following speech to the Council: "We, the children of Abraham Lincoln Elementary School would like to thank you for your support. We are very proud to live in a city that cares so much about the education of its youth. Because of your generous grant, we have been able to enhance our cultural arts program with several music and theatrical performances throughout the year. We were also able to enrich our understanding of our environment by taking field trips to the California missions, San Diego Zoo, Sea World for whale watching, and the District Science Fair, just to name a few. Support also went towards our school Science Fair, the Annual Art Fair, our Reading Railroad read-a-thon, playground equipment, and the Talent Show. Portions of the 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 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 grant were also used for the completion of the beautiful new mural at the front of our school. Please accept this plaque as a token of our appreciation. Thank you very much, The students of Abraham Lincoln Elementary School, 1993-94." They then presented a plaque to the City Council. MS. KELLY CHAPPEL addressed Council as President of the Palm Desert Middle School Parent Teacher Association and introduced students Katie Blakely and Iona McMillin, who presented a collage to the Council in appreciation of the $8,000 funding which was planned to be used to purchase computers. MR. RAY HILL, Principal of Palm Desert High School, thanked the Council for its funding of $10,000 which was used to purchase computer equipment at the High School. He introduced student David Gudelunas, Editor -in -Chief of the Palm Desert Spirit newspaper. Mr. Gudelunas stated that they would be able, with the new computer, to do their own layout for the newspaper and save money by doing so. He presented the Councilmembers with T- shirts and copies of several issues of the Palm Desert Spirit. Mayor Wilson stated that as a long-time journalism professor, he was very impressed with the newspaper put out by the students. On behalf of the entire City Council, he thanked all of the individuals from the schools for their presentations. C. CONSIDERATION OF REOUEST BY D & F DEVELOPMENT FOR REIMBURSEMENT OF COSTS ASSOCIATED WITH CITY REQUESTED POST BUILDING PERMIT FRAMING CHANGES AND ONE FOOT PERIMETER WALL HEIGHT EXTENSION FOR A 23-UNIT ZERO LOT LINE SINGLE-FAMILY RESIDENTIAL PROJECT AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND SANTA ROSA WAY (Tract No. 27692). Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Kelly moved to, by Minute Motion, approve the request for reimbursement and appropriate $14,080 from the unobligated General Fund Reserves. Motion was seconded by Snyder and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF APPEAL OF AN ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A REQUEST FOR SIGN APPROVAL OUTSIDE OF THE CENTER'S APPROVED SIGN PROGRAM, Case No. PP90-13 (DSL Service Company on Behalf of Payless ShoeSource, Appellant). Planner Steve Smith reviewed the staff report, noting that Payless ShoeSource would be locating in Waring Plaza where Patrini currently is plus the vacant unit to the west formerly occupied by Zebra's Mane. He stated that the approved sign program for the center required - reverse channel letter signs in the approved colors of two shades of blue, white, and burgundy. Tenants up to this point had all worked within this criteria. The appellant was requesting approval of internally illuminated channel letters, six new colors, and 84.75 square feet of sign area instead of the allowed 48 square feet. Since the Architectural Review Commission hearing of April 26, the appellant had indicated they would comply with the reverse channel letters and the allowable sign area but still requested approval of the additional colors. Staff's recommendation was that Council deny the appeal. Councilman Crites noted that Mr. Wendell Hindley had called him earlier to apologize for not being able to attend the meeting. A representative for Payless ShoeSource addressed Council and stated that they had reduced the sign size in order to comply with the code. He noted that there would actually be two stores, Payless ShoeSource and Payless Kids, thus the request for three signs. He said he felt they could live with the channel lettering but should be allowed to have the additional colors which are used for their stores throughout the country and are part of their identification. He added that yellow was the only major color change and that the other colors requested were only for one or two letters each. Councilman Crites stated that there is an adopted sign program for this center, and a number of other major chain stores in the center had identificationissues and logo issues as well; they had met the requirements of the sign program and were successful. He said he would vote to uphold the recommendations of the Architectural Review Commission and staff. Councilman Kelly stated that the Council and staff had spent a lot of time on this center to make it something special. He said he felt it would be a mistake to change direction now. Councilman Snyder stated that it would be difficult for him to overrule a unanimous decision of the Architectural Review Commission. Councilman Crites moved to, by Minute Motion, deny the appeal for the reasons outlined in the staff report. Motion was seconded by Kelly and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1994 s s s s * * * s s s s * s* s$ s* * s s s* * s s s s s * s* s * *** s E. BEOUEST FOR APPROVAL AND APPROPRIATION FOR THE PURCHASE OF THE RECOVERED STOLEN SCULPTURE "ONE ON ONE". Mr. Altman noted the memorandum in the packets from City Clerk Sheila Gilligan. Councilman Kelly stated he felt this was a great opportunity because when .the sculpture is back on El Paseo, it will have a great story behind it. Councilman Kelly moved to, by Minute Motion, approve the request and appropriate $6,000.00 for settlement with Fireman's Fund Insurance Company, current owner of the sculpture. Councilman Snyder stated he felt credit should be given to the Sheriff's Department and the Crime Stoppers organization for tracking down this stolen sculpture and recovering it. Councilman Crites added that he also felt it was appropriate to thank City Clerk Sheila Gilligan and Community Arts Manager Catherine Sass for learning how to negotiate with insurance companies. Councilman Crites seconded the motion. The motion carried by unanimous vote. F. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted the report in the packets relative to cable complaints received for the period April 22 - May 2, 1994. 2. Drive-Thru at Lucky Shopping Center. Mr. Diaz noted the report in the packets and said he would be meeting tomorrow with the owner of the Center and representatives of Jack in the Box to discuss what applications must be processed through the City. He said if he was incorrect in what he wrote in his letter to the attorney for the center, Council may wish to process an amendment amortizing the existing drive-thru restaurant uses. He added that there were two drive-thru restaurant uses on the other side of Washington at the present time. Councilman Crites stated he had brought up this issue because after the annexation hearing someone who was in the audience had asked whether the City was going to do something about the proposed drive-thru restaurant. He said at that time he had felt comfortable advising that the City had never actively approved that facility because of issues about litter, etc. He said he had checked the next day, and this report was the result. He said he did not know if the City was too late to do something about it but that he would think that the past way in which the Council has 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1994 s s s s s s * s* s* * * * ** * * * * **s* * * *** s* *** s s s s looked at applications for this use should be good evidence to call an issue like that to the attention of staff and to perhaps seek clarification before blanket agreement. He said he did not want the perception out that our standards for the City change when it is something located out on Washington Street. Mayor Wilson stated that this was not the first time Council has given direction to staff that when annexations are being processed, the City will live with the various things that are in the permitting process. He said he felt that what staff had done here was consistent with direction given by Council in the past. Councilman Kelly asked where the process of approval was and whether this drive- thru restaurant had already been approved. Mr. Erwin responded that it was his understanding that this particular use was shown on the approved plot plan. He said they had not yet pulled a building permit; however, the current state of the law was basically that until such time as they have pulled a building permit, they legally do not have a vested right to move forward. Mr. Diaz stated that what staff would do, if Council concurred, was to determine that the drive-thru use is the land use issue, and the building design is a design issue. The building design would go through the Architectural Review Commission and could be conditioned to be screened and done in such a manner that in terms of visibility from Washington Street it would not appear to be a drive-thru. Councilman Crites added that he thought he had inquired at the time this area was discussed whether there would be uses in this center that would be in conflict with what the City would approve and, if so, the Council should know about it and talk about it. Nothing was ever discussed, and he assumed all along that there was nothing in there that would be a conflict. He said that in the future if a question is asked about whether there is anything that would raise a red flag, the Council should know about it. XI. CONTINUED BUSINESS A. CONSIDERATION OF CITY'S POSITION RELATIVE TO ASSEMBLY BILL 3255 (BORNSTEIN). Mayor Wilson stated this had been on the CVAG agenda and that he had to leave the meeting for a class prior to this item being discussed. Apparently it was continued for one month. Mr. Altman stated that it would be on the Technical Advisory Committee agenda tomorrow, and he asked for Council direction. Mr. Wohlmuth stated that the PM10 Technical Working Group of CVAG had recommended at the last meeting that AB3255 include having a permanent member from the Coachella 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Valley on the South Coast Air Quality Management District. The Energy and Environment Committee today recommended that there be two representatives from the County, one from the eastern portion and one from the western portion. Councilman Kelly stated that because the bill had been sponsored by Assemblywoman Bornstein, he would like her reaction to this approach. Mayor Wilson stated that she had been given a two-hour briefing on the bill, and one of the issues brought up was the building industry's desire to have permanent representation from this area; at the Energy and Environment meeting today, they basically opposed the idea she had presented of trying to go into the Mojave District. They had researched it extensively and felt that the real issue was to get permanent representation from this area and felt it was far more important. Latest information was that her bill basically wants someone to fund the $40,000 study that most people feel is not necessary. He said the ARB had come out and said it did not want to pay that money, and they are the ones that are going to be targeted to pay the $40,000. Rather than take the risk of amending the bill that probably would be shot down by the ARB and other entities because no one wanted to pay for it, it would be better to focus her bill so it becomes a constructive bill that would do some good for the area by getting permanent representation. Councilman Kelly asked who would take the lead in working with Assemblywoman Bornstein to try to amend the bill. Mayor Wilson responded that this was just a recommendation from the Energy and Environment Committee. The TAC would review it tomorrow, and it would then go to the Executive Board. He added that he felt it would be appropriate to sound her out in the meantime prior to the Executive Board reviewing the matter. He said it might also be appropriate to suggest that Mr. Wohlmuth contact Ms. Bornstein with a report on what has happened so that it does not come as a surprise. Mr. Wohlmuth stated that a representative of the BIA was at the meeting; he discussed this idea with him briefly after the meeting, and he was willing to carry this forward to Assemblywoman Bornstein's office. He said he would work with the BIA representative to bring this to Ms. Bornstein's attention. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL 111t iuiG MAY 12, 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 Councilman Crites moved to, by Minute Motion, instruct the official representatives of the City to support the unanimous recommendation of CVAG's Energy and Environment Committee. Motion was seconded by Snyder. Councilman Kelly stated that he may well support the motion when he has more information, but at this time he did not feel he had enough to do so. Mayor Wilson called for the vote. The motion carried by a 3-1 vote, with Councilman Kelly voting NO. XII. OLD BUSINESS A. CONSIDERATION OF LETTER FROM CITY OF MODESTO REQUESTING THE CITY OF PALM DESERT'S SUPPORT FOR A CHANGE IN THE STATE LAW TO ALLOW CITIES AND u i rir k PUBLIC AGENCIES TO ADOPT ORDINANCES IMPOSING FINANCIAL RESPONSIBILITY ON BOTH THE PERPETRATOR AND PARENTS OF MINOR CHILDREN WHO COMMIT ACTS OF GRAFFITI VANDALISM. Mr. Altman noted that the Police Advisory Committee had asked that it be allowed to review this matter prior to the Council taking action. Councilman Crites moved to, by Minute Motion, refer this matter to the Police Advisory Committee for report and recommendation. Motion was seconded by Snyder and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. REPORT Relative to the Employee Classification Study. Mr. Altman reported that staff was ready to put out the Requests for Proposal (RFP's) for this study, with the main focus to be to look at classifications, not salaries. He added that Council would receive copies of the RFP's. 12 HmvU'rEa REGULAR PALM DESERT CITY COUNCIL Mre. I ut1G MAY 12, 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* B. CITY ATTORNEY Mr. Erwin requested that the City Council adjourn its meeting to 3:30 p.m. on Tuesday, May 24, 1994, for the purpose of holding a Closed Session to discuss the following: PUBLIC EMPLOYEE PERFORMANCE EVALUATION: The position title of employee being reviewed: City Manager PUBLIC EMPLOYEE PERFORMANCE EVALUATION: The position title of employee being reviewed: City Attorney PUBLIC EMPLOYEE PERFORMANCE EVALUATION: The position title of employee being reviewed: City Clerk C. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action: 1. Request for Direction Relative to the M.R.F. Site Selection. Mr. Wohlmuth reviewed the staff report relative to the Materials Recovery Facility (MRF) site, noting that such a site may be necessary in the Coachella Valley because of AB939 requirements for cities to reduce their waste and also because the Coachella Landfill is targeted to close in late 1995 due to environmental problems. He stated that the MRF Task Force had identified many sites and had ultimately voted on two sites, one in Indio near Interstate 10 on Van Buren Street, and the other located in Coachella near Avenue 52. He added that early in the site selection process, a site was identified in Palm Desert adjacent to the Southern Pacific Railroad line between Monterey Avenue and Cook Street; this was dropped in priority due to the high cost of land and anticipated infrastructure improvement costs to and around the site. He reviewed the advantages and disadvantages to locating a site in Palm Desert and asked for Council direction. Councilman Snyder stated he would like to continue the study on the two sites chosen in Indio and Coachella. Upon question by Councilman Crites, Councilman Kelly stated that a Materials Recovery Facility did not have to be a bad thing and that it could be done well. He suggested that the Council go and look at an MRF site before deciding. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL 11Trr. i iiiG MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that he was not opposed to looking at this issue and that there might be substantial money in it. He said Palm Desert produces trash just like everyone else, and we should not send all our trash to the poorer areas. He said he would like to find out whether or not there would be acceptance of such a facility from the area of the community that could be impacted by it. Mayor Wilson stated that his understanding was that Indio and Coachella wanted an MRF station, and he expressed concern with Palm Desert getting into the picture as a competitive entity. Councilman Kelly added that the indians would be bringing in a proposal to put the MRF down by the Colmac site, and there was the possibility that we might need a transfer station somewhere else. He suggested that he and Mr. Wohlmuth be directed to keep an eye on the situation and keep going in the current direction. Council concurred. 2. Mayor's Request for Appointment to Thermal Airport Joint Powers Authority. Mayor Wilson noted his memorandum relative to appointing a Council representative to the Thermal Airport Joint Powers Authority. He stated that the first meeting was scheduled for Monday, May 16th, at which time officers would be elected. He nominated Councilman Snyder for this position. Councilman Crites moved to, by Minute Motion, appoint Councilman Snyder to serve as the City of Palm Desert's representative on the Thermal Airport Joint Powers Authority. Motion wa seconded by Kelly and carried by a vote of 3-0-1, with Councilman Snyder ABSTAINING. 3. Consideration of Peer Review of Sunline Regulatory Administration (SRA). Councilman Kelly stated he felt this was an excellent report. He asked for direction relative to the recommendation that the City of Palm Springs be the agency that would regulate the taxicab industry. Councilman Crites stated he did not understand the rationale for the proposed change since the SRA found nothing wrong with what was going on and no conflicts of interest. Councilman Kelly stated that in his opinion, for the amount of time we were in this (about a year and a half), an excellent job was being done. One of the major problems was the amount of the flag drop that pays for the regulation. The reason it was so high was because of startup costs which were mostly 14 MINUTES - REGULAR PALM DESERT CITY COUNCIL 111r rA iPIG MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * attorney fees. He said he did not know why the City of Palm Springs would want to be the agency to regulate the taxicab industry, and he asked for comments from the Council. Councilman Crites stated that he agreed a better job needed to be done policing this. He said the two rationales for Palm Springs were that it had a police system and that it was the site of the airport. He said this was only one airport; Councilman Snyder had just become a member of a group working on another airport, and in times to come we will be in Thermal as well as Palm Springs. He said he did not think the recommendation made good sense although he felt Sunline and the people who worked on this deserved commendation. Councilman Snyder agreed with Crites and said he did not see any justification for changing at this time. He felt the program should be given the opportunity to continue and get better. Mayor Wilson agreed that this was a good report and showed that Sunline took on a very difficult task and straightened it out. He said the basic philosophy that kept coming up in the area of criticism was that Sunline was an operational entity rather than a regulatory entity and they are being made to take on another duty that is not really in the spirit of what they are doing. He said he would agree with Snyder and Crites that they are doing a good job and should continue, but if Palm Springs wants to take it over, he would have no problem. Councilman Kelly stated that his understanding of the Council's direction was to take a good look at what the City of Palm Springs is willing to do and see if it will work out. He commented that if someone takes it over just so we get rid of that perceived notion that it might be a conflict, then Sunline might go to work on a problem that we have that might be more detrimental to the cab industry than it is now because there is a problem with transportation between the hotels and the airport, and Sunline is reluctant to get into it because it regulates the cabs. He said if Sunline did not regulate the cabs, he would be the leader to put together a program that would get people back and forth between the hotels and the airport. o City Council Committee Reports: 1. Councilman Crites complimented City Clerk Sheila Gilligan and the City Clerk's Office for getting the Palm Desert Country Club annexation finalized so quickly. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL M1r4r Y J IG MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Councilman Kelly ...r . t;,1 that he had the privilege of representing the Coachella Valley and CVAG's Energy and Environment Committee in accepting a PM-10 award from the South Coast Air Quality Management District. Mayor Wilson stated that this was a very prestigious award that is not given lightly. He said it was very competitive and was given in recognition of local governments working together. XIV. ORAL COMMUNICATIONS - B None Mayor Wilson noted that the Student Government Day had been cancelled because of the lack of participation by Palm Desert High School students due to jobs, etc. He added that it would be held again next year. Upon motion by Crites, second by Kelly, and unanimous vote of the Council, Mayor Wilson recessed the meeting at 5:43 p.m. for dinner. Mayor Pro-Tem Crites reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PLAQUE OF APPRECIATION TO MS. DIANE COX FOR HER SERVICE ON THE CITY'S PLANNING COMMISSION. On behalf of the entire City Council, Mayor Pro-Tem Crites presented a plaque of appreciation to Ms. Diane Cox for her service on the City's Planning Commission. B. pRESENTATION OF PLAQUE OF APPRECIATION TO MR. GROVER NOBLES FOR HIS SERVICE ON THE CITY'S PROMOTION COMIvu 1 i r.0 AND SISTER CITY COMIsii Mayor Pro-Tem Crites presented a plaque of appreciation to Mr. Nobles for his service on the City's Promotion Committee and Sister City Committee. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. PRESENTATION OF CERTIFICATES OF APPRECIATION TO STUDENTS PARTICIPATING IN STUDENT GOVERNMENT DAY. No action was taken on this item because of the cancellation of Student Government Day. D. pRESENTATION BY MR. DENNIS DEVLIN, RELAY DIRECTOR OF THE 1ST ANNUAL PALM DESERT HIGH SCHOOL 24-HOUR RELAY CHALLENGE. Mr. Devlin showed a slide presentation of the 1st Annual Palm Desert High School 24-Hour Relay Challenge held on March 26th. He thanked the Council for its support and stated he was looking forward to the 2nd Annual event. RVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT ESTABLISHING "LARGE FAMILY DAY CARE" PERMITS AND SETTING A PERMIT FEE (Continued from the Meetings of March 10, April 14, and April 28, 1994). Mr. Diaz reviewed the staff report, noting the revised ordinance with changes by the City Attorney as a result of meetings held with child care representatives, staff, and the City Attorney. He added that both the original ordinance and the revised ordinance met State law. Upon question by Mayor Pro-Tem Crites, Mr. Diaz responded that he believed the revised ordinance had been given to the members of the committee. He added that the revisions were what the committee looked at. He noted that staff recommended continuance of this matter because Councilmember Benson is not present at this meeting, and she had been very instrumental up to this point. Mayor Pro-Tem Crites noted that the hearing was still open and invited testimony in FAVOR of or OPPOSED to this request. The following spoke in opposition because they had not received a copy of the revised ordinance, they were opposed to the regulations relative to traffic, parking of only four cars in front of the houses at a time, time limits (7:00 a.m. to 5:30 p.m. Monday through Friday), placement of playground equipment in the yards, and limitations as far as where children may play in the yards. MS. SUSAN REED, 74-388 Myrsine Avenue, Palm Desert, stated that she was a member of the committee and had not received a copy of the revised ordinance. She noted she had a letter faxed to her today from legislative counsel in Sacramento. At the request of the Mayor, she submitted the letter to the City Attorney. MS. LAVONNE EDMONDSON, 74-672 Gary Avenue, Palm Desert, family day care provider licensed for 12. She said she felt Council should be more concerned with the traffic 17 I1S REGULAR PALM DESERT CITY COUNCIL Mr e,11L IG MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * on Portola, Deep Canyon, Fred Waring, and Rutledge from 7:45 a.m. to 8:30 a.m. than worrying about four cars being parked in front of homes while parents are dropping off their children. MS. CANDICE BARNHOORN, 45-796 Sago Palm Lane, Palm Desert, President of CVFCCA. MS. YOLANDA SANCHEZ, 41-260 Dixon Drive, Hemet, President of Mid -County Child Care Association. MS. MARIANA ROSEN, 42-176 Ferguson Drive, Vice President of Mid -County Child Care Association, expressed concern that so many regulations would mean some of the parents would not be able to work and would, therefore, have to be on welfare. MS. LANA THOMAS RADFORD, 1129 E. Oakland Avenue, Secretary of the Mid -County Child Care Association. MS. DEBORAH A. CRABTREE, 4070 Linwood Place, Riverside, Riverside County Office of Education, opposed the ordinance as written. She said she was also part of the committee on the rewrites and had not received a copy of the revised ordinance. She added that the ordinance was not within State guidelines. MR. BUCK PRUETT, 76-800 Lancelot Court, Palm Desert. MS. KATHERINE NEIBERGER, 37-530 Los Alamos Road, Murrieta. MS. CARRIE PARDUHN, 52-080 Avenida Alvarado, La Quinta, Vice President of the Coachella Valley Child Care Association. MS. JUDY SADLER, 73-780 Krug Avenue, Palm Desert, spoke as a licensed family day care provider and a member of the committee. She said day care providers were fully regulated by the State, and she felt the ordinance was unconstitutional and unenforceable. MS. ANNE SIMMON-YOUNG, 1092 Main Street, Fallbrook, spoke as a sponsor for day care providers. MS. SHARLENE GRIFFIN, 11929 Albion Way, Moreno Valley, member of the Moreno Valley Child Care Association. MS. THERESA EVOLA, 24479 Jonna Lane, Moreno Valley. MS. ENZA POSTLETHWAIT, 19350 Totem Court, Riverside. MS. LOLA WURTZ, 24845 Carolyn, Moreno Valley. MS. CALESTA STOKES DANIELS, 23793 Swan Street, Moreno Valley, member of the Moreno Valley Child Care Association. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With no further testimony offered, Mayor Pro-Tem Crites suggested that this matter be continued for a longer period of time than two weeks in order to allow everyone sufficient time to review the revised ordinance and comment on the changes. Councilman Snyder moved to continue this matter to the meeting of June 23, 1994. Motion was seconded by Kelly and carried by a 3-0-2 vote, with Councilmember Benson and Mayor Wilson ABSENT. B. REQUEST FOR TERMINATION OF A DEVELOPMENT AGREEMENT ASSOCIATED WITH A PROPOSED 22-UNIT SENIOR APARTMENT PROJECT ON .936 ACRES ON THE EAST SIDE OF SAN RAFAEL SOUTH OF CATALINA WAY, Case No. CUP 90-18 (John and Nancy Weber, Applicants). Mr. Diaz noted the report in the packets and offered to answer any questions. Mayor Pro-Tem Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. JIM SATTLEY, 74-050 San Marino Circle, spoke on behalf of the applicants and in favor of this request. With no further testimony offered, Mayor Pro-Tem Crites declared the public hearing closed. Councilman Kelly moved to waive further reading and pass to second reading Ordinance No. 242 rescinding Ordinance No. 623 terminating Senior Housing Development Agreement between the City and John and Nancy Weber. Motion was seconded by Snyder and carried by a 3-0-2 vote, with Councilmember Benson and Mayor Wilson ABSENT. XIX. ORAL COMMUNICATIONS - D None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr i 1 1G MAY 12, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting at 8:08 p.m. to 3:30 p.m. on Tuesday, May 24, 1994, for the purpose of conducting employee evaluations of the City Manager, City Attorney, and City Clerk pursuant to Government Code Section 54955. Motion was seconded by Snyder and carried by unanimous vote. Councilman Kelly noted that he would not be able to attend the Council meeting of May 26, 1994, and requested to be excused. Council concurred. ATTEST: MARY P. FRS , DEPUTY CLERK CITY OF P DESERT, CALIFORNIA BUFORD A. CRITES, MAYOR PRO-TEMPORE 20