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HomeMy WebLinkAbout1994-05-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Wilson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder M. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites Councilman Walter H. Snyder Mayor S. Roy Wilson Excpsed Absence: Councilman Richard S. Kelly Also Present Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/Public Information Officer David Yrigoyen, Acting 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 Bob Smith, Acting Director of Code Compliance Pat Conlon, Director of Building and Safety John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTE of the Regular City Council Meeting of May 12, 1994. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 50. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#252) by Debra Hatfield in the Amount of $122.74. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#253) by Robert D. Wilmeth, III, in the Amount of $65.25. Rec: By Minute Motion, authorize the Claims Review Committee to negotiate settlement of the Claim in an amount not to exceed $70.00, subject to Claimant's execution of a Release of All Claims. E. RESOLUTION NO. 94-54 - 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 (April 1994). Rec: Waive further reading and adopt. F. PRELIMINARY SCI-LEDULE OF INVESTMENTS, as of April 30, 1994. Rec: Receive and file. G. REOUEST FOR APPROVAL of Final Parcel Map 27895 (Margaret H. Kay, Applicant). Rec: Waive further reading and adopt Resolution No. 94-55 approving Parcel Map 27895. H. REOUEST FOR RELEASE of Improvement Security for Parcel Map 26994 (Cusack & Associates, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. I. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Shade Tree Planting in the New Civic Center Parking Area (Contract No. C08740). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for tree planting in the new Civic Center parking area. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR AWARD OF CONTRACT for the 1994 Crack Sealing Program (Project No. 751-94, Contract No. C08300). Rec: By Minute Motion, authorize the Mayor to enter into a contract with R.C.S.I. for the subject project in the amount of $210,000.00 and authorize a ten percent contingency in the amount of $21,000.00. K. REOUEST FOR EXTENSION OF LANDSCAPE MAINTENANCE CONTRACT with Sunshine Landscape (Contract No. C03157) for Assessment Zone 5, Cook Street and Country Club Drive. Rec: By Minute Motion, approve a one-year extension of contract with Sunshine Landscape for landscape maintenance for Assessment Zone 5, Cook Street and Country Club Drive, in the amount of $52,800.00 ($4,400.00 per month). L. REQUEST FOR EXTENSION OF LANDSCAPE MAINTENANCE CONTRACT with Environmental Care, Inc. (Contract No. C05523) for Assessment Zone 6, Hovley Lane West and Country Club Drive Medians at San Tropez. Rec: By Minute Motion, approve a one-year extension of contract with Environmental Care, Inc. for landscape maintenance for Assessment Zone 6, Hovley Lane West and Country Club Drive Medians at San Tropez, in the amount of $20,078.28 ($1,673.19 per month). M. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C06660, Traffic Signal Installations at Cook Street and Merle Drive (Project No. 566-94) and at Country Club Drive and San TropezfSuncrest (Project No. 568-94). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject contract with Select Electric, Inc. N. REOUF,ST FOR ACCEPTANCE OF WORK for Contract No. C07500, Intersection Modifications - Right Turn Lane at Highway 111 and San Pablo Avenue (Project No. 665- 94). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject contract with Select Electric, Inc. O. REOUEST FOR ACCEPTANCE QF WORK for Contract No. C07460, Traffic Signal Installation at Portola Avenue and Quicksilver Drive (Project No. 566-94). Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the subject contract with Select Electric, Inc. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. J EOUEST FOR AUTHORIZATION for a Member of the Palm Desert Sister Cities Committee to Participate in the First Annual Osoyoos and Area Landscape Awards in Osoyoos, B.C., Canada. Rec: By Minute Motion, authorize a member of the Palm Desert Sister Cities Committee to participate in the First Annual Osoyoos and Area Landscape Awards in Osoyoos, B.C., Canada, the week of July 25, 1994. Q. J EOUEST FOR APPROVAL of Amendment to the El Paseo Business Association Bylaws. Rec: By Minute Motion, approve the amendment to the El Paseo Business Association Bylaws to reduce the number of Board members to a maximum of seven and a minimum of five. R. REQUEST FOR APPROVAL of Benches for the Civic Center Tennis Courts. Rec: By Minute Motion, approve the request and authorize appropriation of $1,500.00 from unappropriated recreation fees reserve. S. CONSIDBRATION OF Ltu1 t:x from Mr. and Mrs. Edward J. Locker Requesting a Change in the Wording of Palm Desert Municipal Code Section 9.24.070 Relative to Construction Hours. Rec: Refer to staff for report and recommendation. Councilmember Benson asked that Item S be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Snyder, second by Benson, the Consent Calendar, with the exception of Item S, was approved as presented by unanimous vote of the Council. VI. ORAL COMMUNICATIONS - A MS. EVELYN PELLICO, owner of Pel's Lemonade, read a prepared statement requesting that Council amend Palm Desert Municipal Code Section 5.97.110 relative to prohibiting vending 1500 feet from schools, parks, and playgrounds and 750 feet from restaurants. Mayor Wilson stated that this matter would be referred to staff for report and recommendation at the Council meeting of June 9, 1994. MS. MAVIS NORTHERN, Manager of Marshall's/111 Town Center, spoke on behalf of Payless Shoe Source, the newest tenant in the Center. She said they recently went before the Architectural Review Commission relative to their signage and were denied approval of their national color, red. They wished to have 24-inch letters; however, because of the number of 4 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * letters in their name, they were only allowed to have 22-inch letters. She asked that the Council consider approval of the 24-inch letters. Mayor Wilson stated that Council could not take this matter up at this time. Mr. Diaz added that this matter should be referred to staff for report and recommendation. Council concurred. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction; None For Adoption: A. ORDINANCE NO. 749 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 623 AND TERMINATING ASSOCIATED SENIOR HOUSING DEVELOPMENT AGREEMENT (Case No. CUP 90-18, John and Nancy Weber, Applicants). Mr. Altman stated that no changes had been made to this ordinance since its introduction, and he recommended adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 742. Motion was seconded by Benson and carried by unanimous vote. NOTE: The following item was listed on an Agenda Addendum and posted 72 hours prior to the City Council meeting. B. ORDINANCE NO. 750 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 11 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO GENERAL PROVISIONS AND PARK USE AND RESERVATION PERMITS. Mr. Wohlmuth reviewed the staff report, noting that there were actually two ordinances for consideration. Staff was recommending that Ordinance No. 750 be adopted as an urgency ordinance to become effective immediately and therefore allow protection of visitors, residents, and City property during the next two months. Ordinance No. 751 would allow the City to carry out the "normal" review and adoption process of a City ordinance, which takes two readings and a 30-day statutory process. He offered to answer any questions. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * s s s s * * * * * * * * * * * s s s s Councilmember Benson expressed concern with people bringing in equipment for amplified sound and asked whether someone would be checking in the people using the park and checking the equipment being brought in. Mr. Wohlmuth responded that the Recreation and Park District would be working with staff on this and would also be making random checks throughout the park. Councilman Snyder commended staff for this ordinance and said he was extremely pleased with the program. He said he felt it was vital and necessary and that it was something that was needed immediately. Councilman Crites moved to: 1) Waive further reading and adopt Ordinance No. IN as an urgency ordinance, amending Title 11 of the Palm Desert Municipal Code pertaining to general provisions and park use and reservation permits; 2) Waive further reading and pass Ordinance No. to second reading, amending Title 11 of the Palm Desert Municipal Code pertaining to general provisions and park use and reservation permits. Motion was seconded by Snyder and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER S. CONSIDERATION OF LETTER from Mr. and Mrs. Edward J. Locker Requesting a Change in the Wording of Palm Desert Municipal Code Section 9.24.070 Relative to Construction Hours. Rec: Refer to staff for report and recommendation. Councilmember Benson stated that this was an issue several years ago and that she thought it had been taken care of at that time. Mr. Conlon responded that this was correct but that a question had come from the Sheriff's Department relative to the wording of the ordinance which specifies "no person shall be employed..." He said the intent of the ordinance was that it apply to owners and builders, and the City Attorney indicated to in order for the ordinance to be enforced in that way, the language must be changed. He said an ordinance would be before the Council in the next month or so to clarify the language. He added that the offending party mentioned in Mr. Locker's letter had been put on notice that the City will be enforcing this Code section against owners and builders. Mr. Erwin added that the Code Compliance Department would have a proposed ordinance ready to go to Council shortly. Councilmember Benson moved to refer this matter to staff for report and recommendation. Motion was seconded by Snyder and carried by unanimous vote. 6 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. NEW BUSINESS A. REQUEST FOR APPROVAL OF A CONTRACT WITH WILKINSON & PARLAN FOR ADVERTISING AND PROMOTION SERVICES FOR FISCAL YEAR 1994/95 (CONTRACT NO. C08440). Mr. Altman noted the memorandum in the packets and offered to answer any questions. Councilman Snyder moved to, by Minute Motion, approve the proposal as submitted by Wilkinson & Parlan for advertising and promotion services for Fiscal Year 1994/95 and authorize the Mayor to execute a contract for said services. Motion was seconded by Benson and carried by unanimous vote. B. REQUEST FOR AUTHORIZATION TO REVERSE ONE-WAY FRONTAGE ROAD FROM JENSEN'S SHOPPING CENTER TO SAN PABLO AVENUE. Mr. Altman stated that Mr. Folkers had requested continuance of this item to the next meeting. Councilman Crites moved to continue this matter to the meeting of June 9, 1994. Motion was seconded by Snyder and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF RESOLUTION SETTING SOLID WASTE AND RECYCLING COLLECTION RATES AND AMENDING THE COUNTY OF RIVERSIDE LANDFILL CHARGE. Mr. Altman noted Mr. Wohlmuth's report in the packets and offered to answer any questions. Councilman Crites moved to: 1) By Minute Motion, ratify a .9% (nine tenths of one percent) solid waste collection rate increase, pursuant to the City's exclusive franchise agreement Section III(S)1; 2) waive further reading and adopt Resolution No. 94-56 rescinding Resolution No. 93-58 pertaining to the County of Riverside Landfill tipping fee increase and the Solid Waste and Recycling collection charge increase. Motion was seconded by Snyder and carried by unanimous vote. D. REOUEST FOR APPROVAL OF TRANSMISSION ANTENNA ON THE McCALLUM THEATER. Mr. Altman noted the memorandum in the packets from Mr. Diaz requesting Council input and direction. Councilman Snyder asked who had approved placing this antenna on the McCallum Theater, whether it was the Theater or the College. Mr. Diaz responded that no one had approved the antenna at this point and that staff and L.A. Cellular were examining whether or not this matter is precluded from City approval. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * If the City has the right of approval, staff would recommend that it be conditioned to permit the City access onto the structures for City communication equipment. Councilman Snyder stated he did not have a problem with installation or the manner in which it is being done and that he was just curious to find out who we got authorization from. He added that he would leave this matter to staff to take care of. Upon question by Councilmember Benson, Mr. Diaz responded that this was for the L.A. Cellular Phone Company to provide service for the area. Councilmember Benson expressed concern with having this antenna on top of the McCallum Theater and said she felt it ruined the look of the building. MS. LINDA PAUL from L.A. Cellular addressed the Council and stated that because of the technology involved in providing cellular service, it is necessary to have a building with some height in order to broadcast the radio waves. She said that normally a roof mount installation has far less visual impact than the normal type of installation and if this building had not been there, they would have had to locate an area for a monopole, a steel pole with an antenna at the top. She added that most people would not notice the antenna and that it would be painted an infrastructure -type light gray to minimize the impact. She noted that this matter had been discussed with representatives of the McCallum Theater who felt that actually having visible antennas had less impact on the integrity of the building than if they tried to provide some means of screening the antennas because screening them would add a lot more visible area. Councilman Crites asked whether this would available if the City were to do something with low power radio. Mr. Diaz responded that with the condition to be placed on the approval, if the City needs to have some type of antenna, they would make room for it. Ms. Paul agreed and said the L.A. Cellular was happy to work with the City. Councilman Snyder moved to, by Minute Motion, approve the request subject to a condition to permit the City access onto the structures for City communication equipment. Motion was seconded by Crites and carried by unanimous vote. E. REQUEST FOR CERTIFICATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR COOK STREET EXTENSION PROJECT. Mr. Diaz noted the memorandum in the packets and offered to answer any questions. Councilman Crites moved to, by Minute Motion, certify the Negative Declaration of Environmental Impact for the subject project. Motion was seconded by Snyder and carried by unanimous vote. 8 MINUTTS REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REOUEST FOR APPROVAL OF PARKING LOT LIGHTING RETROFIT FOR HOMEBASE AND PRICE CLUB. Mr. Wohlmuth reviewed the staff report, noting that the property manager and site anchors had requested approval to install 400 watt high pressure sodium fixtures within the parking lot and 250 watt high pressure sodium fixtures on the building, which would yield 3.43 average lumen measurement at ground level. If 250 watt high pressure sodium was used for the entire site, it would yield a 2.11 average lumen output, and the City's amended night skies ordinance would have a 2.5 average lumen maximum. Staffs recommendation was that they work with the City to drop the lumens to below 3.0. Mayor Wilson asked whether they would have the option to fix the existing lights and keep the low pressure sodium (yellow light) fixtures. Mr. Wohlmuth responded that this would be an option. Wilson asked why staff objected to 3.43 average lumen output. Mr. Wohlmuth responded that the new ordinance would require an average maximum of 2.5 lumen for newly developed parking lots. Councilman Crites stated that the way he understood this situation, with high pressure sodium fixtures, we have a choice of either 400 watt or 250 watt; the 400 watt fixtures will have an average 3.43 lumen while 250 watt fixtures will result in an average 2.11 lumen. He asked whether the 2.11 level was insufficient. Mr. Wohlmuth responded that according the Price Club, it was insufficient from a liability standpoint, although staff did not necessarily agree. Councilman Crites asked if it was possible to allow the 400 watt bulbs to be used with the proviso that if something does become available on the market that is between 400 watt and 250 watt, they would have to within a certain amount of time shift to whatever that in between bulb would be. Mr. Wohlmuth responded that this could be done. Councilman Crites asked if staff could do that and also adopt a plan that allows the use of 400 watt bulbs where necessary and 250 watt bulbs where feasible, using a combination of the two, and use a minimum number of the 400 watt bulbs for safety. Mr. Wohlmuth responded that this could be done. MR. STEVE RADIFF, Az -Tech Electric, stated that using a mixture of 400 watt and 250 watt bulbs would result in a very visible high and low spot pattern that will be very unappealing. If this is what the City wanted, he said Price Club had indicated to him that they would rather just replace the 180 watt low pressure sodium fixtures that now exist, fixture for fixture, and didn't seem willing to bend on this because the 250 watt bulbs would lower what they had set their standards at for the parking lot. He added that there would be a maintenance problem with the mixture of different watt bulbs because you do not know which is which until you get out there. Mayor Wilson stated that the issue was clear and that staff was recommending something more consistent with the new ordinance. He said this was a retrofit and that he saw it as an improvement over the existing lighting. He asked Mr. Radiff to respond to the suggestion 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * made by Councilman Crites of allowing 400 watt bulbs where necessary and replacing them if and when new bulbs come onto the market that are between 250 watt and 400 watt. Mr. Radiff responded that it would be an internal retrofit, would not change the fixture, and that it could be accomplished providing something is manufactured that is between 250 watts and 400 watts. Councilman Crites moved to, by Minute Motion, approve Option #1 of the staff report, approving the lighting design as submitted, allowing Price Club/Homebase to install 400 watt high pressure sodium in the parking lot having a 3.43 average lumen lighting plan, and that if and when new technology allows for wattage between 250 and 400, that a retrofit program be initiated. Motion was seconded by Snyder and carried by unanimous vote. G. CON$IDERATIQN OF REQUEST FROM COURT APPOINTED SPECIAL ADVOCATES (C.A.S.A.) FOR USE OF FACILITIES WITH A WAIVER OF FEES AND PROVISION THAT ALLOWS THE PRECLUSION OF A SERIES OF DATES. Mr. Altman noted the report in the packets and offered to answer any questions. Councilman Crites moved to, by Minute Motion: 1) Approve the request as recommended by staff; 2) amend the Guidelines to give the City Manager, at his discretion, the authority to both waive the fees and approve use of a series of dates. Motion was seconded by Snyder and carried by unanimous vote. H. JNFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Yrigoyen noted the report in the packets relative to cable complaints received for the period May 3-17, 1994. He stated that Mr. Steve Merritt of Colony CableVision had suggested that the City televise its Council meetings and/or any meetings such as public meetings. He said this matter would be back before Council at the next meeting for action. Councilmember Benson asked whether it would be free of charge. Mr. Yrigoyen responded that Mr. Merritt wanted a nod from the Council so that he can begin to find out what the costs will be for him to install cameras, etc. Mayor Wilson added that the Palm Springs City Council meetings were some of the best television in town and that a lot of people know more about what their Council is doing by watching these programs. Council concurred. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s s s s 2. Multi -Agency Library. Mr. Diaz stated that staff was proceeding with working drawings and going to bid on the Library and that final drawings would be before Council soon. Councilman Benson stated that she had been asked whether the City of Rancho Mirage would be coming in on the Library now that they are not going to build a civic center. Mr. Diaz responded that there had been contact made with the City of Rancho Mirage by the Riverside City/County Library people, and those discussions and negotiations were ongoing. He added that if Council wished, Palm Desert staff could also approach the City of Rancho Mirage. Mr. Altman stated he felt this should be done through the Cove Commissions, and Councilman Snyder said he would contact them as a member of the Cove Commission. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF FORMATION PROCEEDINGS FOR ASSESSMENT DISTRICT NO. 94-1 (BIGHORN). Mr. Yrigoyen reviewed the staff report, noting that the public hearing was being set for July 14, 1994, and that a pre -public hearing would be held on June 23, 1994, as required by law. He noted that Tim Ensign of Westinghouse Desert Communities, Mr. Bob Ross of RBF, and Mr. Kurt DeCrennis of the underwriter's office, were available to answer any questions. Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 94-57 amending Resolution No. 94-42 regarding compliance with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; 2) waive further reading and adopt Resolution No. 94-58 approving Assessment Engineer's Report and appointing time and place for hearing protests to the proposed acquisition and construction of public improvements. Motion was seconded by Crites and carried by a 3-0-1 vote, with Mayor Wilson ABSTAINING because he needed to talk to legal counsel. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * s * * * s * * * * * * * * * * * * * * * * s * B. REQUEST FOR APPROVAL OF FINAL BUDGET FOR SUMMER CONCERT SERIES AT THE HAHN AAir ru i rir,ATER. Mr. Altman noted the memorandum in the packets from Ms. Sass. With regard to insurance, Mrs. Gilligan noted that she had spoken with Ms. Sass and Ken Weller and that the budgeted amount did include purchasing insurance. Councilman Crites moved to, by Minute Motion, approve the final budget for four summer concerts and appropriate an additional $4,500.00 for the events. Motion was seconded by Benson and carried by unanimous vote. RIII. REPORTS AND REMARKS A. CITY MANAGER 1. Request for Designation of City Representative and Funding Support for the Coachella Valley Trails Council. Mr. Altman noted the report in the packets and recommended approval. Councilmember Benson moved to, by Minute Motion: 1) Designate Councilman Buford Crites as the official City of Palm Desert representative to the Coachella Valley Trails Council; 2) authorize support in the amount of $2,500.00 to allow the Coachella Valley Trails Council to further its efforts; 3) appropriate $2,500.00 from the General Fund Unobligated Reserve to the Outside Agency Contributions fund. Motion was seconded by Snyder and carried by unanimous vote. 2. Mr. Altman stated that he and Mr. Folkers had a meeting with representatives from the City of Cathedral City recently relative to their request that we abandon Highway 111. He said this was just to make Council aware of what was going on and that staff was not asking for any action. He said they were proposing to transfer the Highway 111 designation to Ramon Road in lieu of the Mid -Valley Parkway, and they wanted Palm Desert to abandon Highway 111 all the way to Monterey Avenue, and the City would get $300,000 from CalTrans. He said the response staff had given them at this point was that it did not sound like such a good deal for the City of Palm Desert. 3. Mr. Altman stated that the CVAG Transportation Committee had met the other day. He said they were threatening to unravel the funding formula for things like the Cook Street Bridge. He said the way the formula is, we have 50% from Proposition A, 25 % from SB300, and 25 % which would be raised by virtue of local contributions. If this is approved through CVAG, State and local contributions would be coming from future people as they develop. He said several members of the Transportation Committee were going to bring this to the Executive Committee, and he said he wanted to make sure the Council was aware of this situation. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time for the following items: 1) Conference with legal counsel re: anticipated litigation pursuant to Government code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: One 2) Conference with labor negotiator pursuant to Government Code Section 54957.6: Name of Agency negotiator: William Floyd Name of employee organization: Palm Desert Employees Organization C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideratij of City Entrance Signage on Highway 111 at Indian Wells. Councilman Crites expressed concern with the empty land on the north side of Highway 111 between Embassy Suites and Deep Canyon Road and felt there should be some City entrance signage at that location. Mr. Folkers responded that staff was working with Mr. DeBonne and Mr. Schmidt, owners of the properties east of Embassy Suites relative to other issues, and perhaps this issue could be discussed at the same time. He said staff would contact them and would let Council know what is happening. 2. Councilman Crites stated he felt now was a good time to start looking at the type of lighting that will be used in regard to the potential auto center on Highway 111 and El Paseo. He noted that most auto centers use the metal halide type of lights because they intensify the colors of autos, and he asked that staff begin looking at this issue now. 3. Councilman Crites noted that Councilmember Benson attended the recent Coachella Valley Mountains Conservancy meeting when the license plate campaign was launched. He said representatives of the Cities of Cathedral City, La Quinta, Rancho Mirage, and potentially Indian Wells had indicated they would go back to their cities to see what if anything would be appropriate in terms of using these plates on City vehicles. He asked staff to look into the possibility of using the license plates on the City of Palm Desert vehicles. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None Upon motion by Crites, second by Snyder, and unanimous vote of the Council, Mayor Wilson adjourned the meeting at 5:15 p.m. to Closed Session. 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 EL PASEO BUSINESS ASSOCIATION BOARD AND THE CITY'S ECONOMIC DEVELOPMENT ADVISORY COMM11 hE. With Council concurrence, this item was continued to the meeting of June 9, 1994. XVIII. PUBLIC HEARINGS A. PUBLIC MEETING FOR COUNTY SERVICE AREA 152 (CSA • 152) ASSESSMENT LEVY FOR STORMWATER/CLEANWATER PROTECTION PROGRAM. Mr. Folkers reviewed the staff report, noting that this program was mandated by Congress and would be of benefit to the community overall. He stated the budget would provide $116,793.00 to the City to administer the program and would be assessed to each parcel through County Service Area 152 based on land use, parcel size, and contribution of stormwater; a single-family home in Palm Desert would be assessed $3.58. He added that staff recommended that the public meeting be opened for public testimony. Mayor Pro-Tem Crites declared the public meeting open and invited testimony from the audience. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. LOWELL WEEKS addressed Council and questioned what the City would get out of that $116,793.00. He said there was nothing that said the City had to abide by the mandate, and he felt the City could refuse to participate and refuse to pay. He added that he felt the City should be meeting with other cities and counties throughout the State and stating that this is a waste of money. MS. KATHLEEN KOPP, 44-870 Cabrillo, Palm Desert, stated she did not object to the amount but did object to the way this is being done and the fact that not everyone is being assessed; i.e., agricultural lands being exempted. MR. RAYMOND G. LIRES, 73-730 Agave Lane, Palm Desert, read a prepared letter dated May 26, 1994, in opposition to this Federal mandate (on file and of record in the City Clerk's Office). MRS. LOUISE TAYLOR, 40-925 Sonata Court, Palm Desert, agreed with Mr. Lires and objected to this assessment because she felt it was another tax. She noted that the amount of assessments on her property had increased $320.00 since she purchased her home four years ago. With no further testimony offered, Mayor Pro-Tem Crites declared the public meeting closed. MR. JASON CHRISTIE, Riverside County Flood Control, addressed Ms. Kopp's concerns and noted that agricultural lands were exempted by law. Upon question by Mayor Pro-Tem Crites, Mr. Folkers reviewed the program budget and explained the benefits of the program. In response to Mr. Weeks' suggestion that the City refuse to participate and refuse to pay, Mayor Pro-Tem Crites said he did not think there were any that would want to be the single city to decide to spend the $25,000 per day in fines. With regard to the program budget, he asked whether it would be appropriate to ask for citizen input on the spending of the funds. Then, if in the judgment of the Council it is decided that not all of the funds will be spent, the amount of the assessments could be reduced. Mr. Folkers responded that this could be done. Upon question by Councilmember Benson relativeto whether all of the cities in the County had agreed to this, Mr. Christie responded that the only city in the Valley that would not be covered by some sort of NPDES permit was the City of Blythe because it was excluded by the Colorado Regional Board; the other cities in the western part of the County had received their permits in 1990. Upon further question by Councilmember Benson relative to the amount of money these other cities had been paying, Mr. Christie stated that they were paying roughly the same amount and had been more or less using general funds up to the last several years instead of taxing the people. Councilman Snyder stated that he would prefer to continue this matter to the next meeting and have the opportunity to talk to staff about the method of payment for this program. 15 IINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Crites suggested that if Councilman Snyder is going to make a motion for continuance, that he also include an invitation for interested members of the audience to come in and sit down with staff and the Council to discuss how the money will be spent. Upon question by Councilman Snyder relative to how the program budget was determined, Mr. Folkers responded that staff had worked with many organizations, including the State of California, the Riverside County Flood Control District, the Coachella Valley Water District, the State Water Quality Control Board, Environmental Protection Agency, etc. Upon further question, he stated that CVAG was the coordinating agency for this program. Councilman Snyder asked whether other cities in the Valley would collect money through an assessment district or through their general funds. Mr. Folkers responded that other cities would be entering the County Service Area 152 although not all of the cities had yet had their hearings. Councilman Snyder moved to continue this matter until such time as we have an opportunity to determine the method of funding by other cities in the Valley and other cities participating in the program. MS. THERESA SUMMERS, County of Riverside, stated that most of the other desert cities had had their public meetings. Some had continued with the recommended assessment and budget and some had continued the items to look at alternate funding sources. She added that some cities were going strictly with assessment districts while others were using some general fund monies. Upon question by Mr. Folkers relative to the time deadline, Ms. Summers responded that the Board of Supervisors' public meeting on the assessments was June 28, and the County would need the City's budget and the rate it would like to pass on by June 20th. Councilman Snyder amended his motion to continue this matter to the next meeting, ask for input from citizens, have staff determine through the County the number of cities and the methods they are using to fund this program, and have assurance that this is the proper amount of effort that is required. In addition, he asked that staff determine what we would have to give up if we went through the general fund rather than funding the program by an assessment district. Motion was seconded by Benson and carried by a 3-0-2 vote, with Councilman Kelly and Mayor Wilson ABSENT. B. PSJBLIC MEETINQ OF PRELIMINARY ANNUAL LEVY REPORT FOR PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, FISCAL YEAR 1994-95. Mr. Folkers noted the report in the packets. He stated that there was no Council action required at this hearing and that this was a public meeting to receive comments regarding aspects of the assessment district prior to the public hearing to be held on June 23, 1994, for the finalization of the assessment levy. 16 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Crites declared the public meeting open and invited testimony. MR. MARC PEVERS, 877 Box Canyon Trail, Indian Ridge Country Club, spoke in opposition to this assessment district. He said he already paid $1,500 per year for City improvements for his parcel and found it outrageous that he would have to pay another $13.26. He asked that the Council exempt Indian Ridge from paying. In addition, he said he felt the City should have undergrounded the electric lines on Country Club Drive, and he asked why this was not included in the Mello Roos district. Mr. Yrigoyen responded that the Mello Roos district was formed at the request of the developer of Indian Ridge, and improvements that were done were improvements conditioned upon the development. Mayor Pro-Tem Crites added that the undergrounding of utilities was not a direct result of the Indian Ridge Country Club and, therefore, could not be included in the Mello Roos district. He asked staff to talk to Southern California Edison in terms of whether the utilities can be undergrounded, what the cost would be, and what, if any, programs would be in place to do that. Mr. Pevers stated that Edison would not pay for the undergrounding and that the developer had advised him that there was a plan to underground all of the utilities. Mr. Diaz stated that what we're talking about here is a direct benefit or a direct reason to apply a condition of approval. On the undergrounding of some of the power lines, it was too costly to underground; therefore, that specific condition of approval was not placed on those projects. He noted the power lines in front of the Marriott Hotel were not undergrounded. He said the benefit of undergrounding those lines falls not only to the property that has the lines in front of it but also to the properties across the street. He added that the City would be happy to establish an undergrounding district if Mr. Pevers wished to come in and meet with staff to organize such a district. MR. KEN ELDRED, resident of Sonata, spoke in opposition and asked that there be some kind of review process for permits so that CC&R's for developments are reviewed and there are not the kinds of problems experienced by residents of Sonata. MRS. LOUISE TAYLOR, 40-925 Sonata Court, Palm Desert, noted the letter dated May 22, 1994, from Sonata I homeowners protesting the proposed assessment of District No. 6, Sonata I (on file and of record in the City Clerk's Office). MR. MORTON BARUH, 73-489 Mariposa, spoke as the developer of Waring Court and noted the letter he had sent to the Council opposing the increase in the assessment. MS. RITA POPOWICH, 40-824 Sonata Court, expressed concern that the approximately three and a half block area which they are being assessed for is not being properly 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * maintained. She asked how the City could justify the amount being assessed to the homeowners of approximately $420.00 per month, and she felt the homeowners could hire a gardener to take care of the area at less than what was being assessed. Upon question by Mayor Pro-Tem Crites, Mr. Diaz responded that the homeowners did have the option of hiring their own gardener and maintaining the area themselves. Mr. Folkers agreed but asked that the Council consider zeroing out the assessment district in case the homeowners are unable to or do not desire to continue maintaining it on their own; this would give the City a mechanism to fall back on. Mayor Pro-Tem Crites explained that what would happen is that the City would take the assessment district, clear up everyone's bills, take the assessment district to a levy of zero, and for as long as the residents tend to it themselves, that is where the assessment district would remain. Mr. Folkers added that the only exception was the street light that would have to be charged to the homeowners. With no further testimony offered, Mayor Pro-Tem Crites declared the public meeting closed. Mr. Pevers asked whether there would be insurance involved with the homeowners taking over the maintenance and whether they could just hire anyone they chose. Mr. Erwin responded that there was insurance involved. Mayor Pro-Tem Crites asked that the City Attorney put together a letter that explains what the requirements are for the residents to take over the maintenance. This could then be sent to the residents so they would be able to review it and ask any other questions they might have. XIX. ORAL COMMUNICATIONS - D MR. MORTON BARUH addressed Council relative to a problem he was experiencing at Waring Court, which was adjacent to the Palm Desert High School. He said there was a policy at the High School where if students break the school rules, the punishment is that they cannot bring their vehicles onto the campus. These students then park in the Waring Court development, and there are as many as nine to eleven cars parked on the street every day. He said he had talked to representatives at the High School who just say it is a public street. Mayor Pro-Tem Crites stated that staff would be asked to look at this situation to see what can be legally done to mitigate the problem. He added that staff would also contact the principal of Palm Desert High School and discuss this matter with him. 18 REGULAR PALM DESERT CITY COUNCIL Mr,r,iiNG MAY 26, 1994 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Upon motion by Benson, second by Snyder, and unanimous vote of the Council, Mayor Pro-Tem Crites adjourned the meeting at 8:25 p.m. to 1:30 p.m. on Thursday, June 9, 1994. ATTEST: /. SHEILA R. GILLIGAN, CITY/CLERK CITY OF PALM DESERT, CALIFORNIA BUFORD"CRITES, MAYOR PRO-TEMPORE 19