HomeMy WebLinkAbout1994-11-10NIINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, NOVEMBER 10, 1994
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I. CALL TO ORDER
Mayor Wilson convened the meeting at 4:05 p.m.
H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly
III. INVOCATION - Councilman Walter H. Snyder
IV. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tem Buford A. Crites (arrived at 5:35 p.m.)
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.
Ramon A. Diaz, ACM/Director of Community Development
Richard J. Folkers, ACM/Director of Public Works
Carlos L. Ortega, ACM/RDA Executive Director
Paul Shillcock, ACM/Director of Economic Development
Paul Gibson, Director of Finance
Dave Millheim, Director of Human Resources
Wayne Ramsey, Director of Code Compliance
Phil Drell, Acting Director of Community Development
John Wohlmuth, Assistant to the City Manager
Ken Weller, Emergency Services Coordinator
Lisa Constande, Environmental Conservation Manager
Catherine Sass, Community Arts Manager
Mary P. Frazier, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
None
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1994
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VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of October 27, 1994.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 18, 19, and
20.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Max's of Palm Desert, Inc.
for Max's Opera Cafe, 73-030 El Paseo, Palm Desert.
Rec: Receive and file.
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSL by Victor Mihajson for 73-375
El Paseo, Q and R, Palm Desert.
Rec: Receive and file.
D.
E. RESOLUTION NO. 94-1 L1- 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 (September 1994).
Rec: Waive further reading and adopt.
F. THANK YOU Lb i i , from Coachella Valley Taxpayer's Action Network Relative to
"Taxpayer's Action Day" on Saturday, October 15, 1994.
Rec: Receive and file.
G. REQUEST FOR APPROVAL of Contract for Christmas Tree Installation, Removal, and
Storage (Contract No. C09210).
Rec: By Minute Motion, award the contract to The Decor Plan for the installation,
removal, and storage of Christmas trees in an amount not to exceed $8,000.00.
H. REQUEST FOR APPROVAL of Revision of Agreement for Maintenance of Traffic Signals,
Safety Lighting, and Pavement Stripes and Legends with the County of Riverside (Contract
No. C07431).
Rec: By Minute Motion, approve the Agreement for Maintenance of Traffic Signals,
Safety Lighting, and Pavement Stripes and Legends with the County of Riverside.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1994
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I.
REQUEST FOR APPROVAL of Cooperative Agreement with the City of Indian Wells for
the Maintenance of Traffic Signals Located at the Intersection of Fred Waring Drive and
Cook Street (Contract No. C09220).
Rec: By Minute Motion, authorize the Mayor to enter into an agreement with the City
of Indian Wells for the maintenance of traffic signals located at the intersection of
Fred Waring Drive and Cook Street.
J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C09060 for
Construction of Street Widening and Landscaping of Highway 74 Adjacent to the Bighorn
Development (Bighorn).
K.
Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C09060 in an
amount not to exceed $4,739.38 for additional asphalt removal.
REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C04650) for Monterey
Avenue and Fred Waring Drive Storm Drain.
Rec: By Minute Motion: 1) Approve Change Order No. 2 to Contract No. C04650 in the
amount of $1,500.00; 2) authorize the appropriation of $1,500.00 from the
Unobligated Drainage Fund Reserve to the Project Account No. 232-4370-433-
3010.
L. REQUEST FOR EXTENSION of Presidents Plaza Parking Lot Sweeping Contract (No.
C06802).
Rec: By Minute Motion, authorize a one-year extension to Contract No. C06800 with M
& M Sweeping in the amount of $4,080.00 ($340.00 per month).
M. REQUEST FOR aPROVAL of the Release of Completion Security for Tract 24603 (Mr.
Raymond J. Langrish, United Properties Ltd., Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the completion security for
the subject tract.
N. APPROVAL OF REQUEST by the Palm Springs Airport Commission for Letter to the
Secretary of Transportation Relative to Airport Funding.
Rec: By Minute Motion, approve the letter and authorize the Mayor to sign.
O. LETTER from Diane G. Schmidt, Executive Vice President of Sandpiper Homes, Ltd.
Commending the City's Architectural Review Commission.
Rec: Receive and file.
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P. REOUEST FOR APPROVAL of Treasury Officer Position.
Rec: By Minute Motion, authorize the position of Treasury Officer and direct staff to
begin the recruitment process immediately.
Upon motion by Snyder, second by Kelly, the Consent Calendar was approved as presented by a
4-0-1 vote, with Councilman Crites ABSENT.
VII. RESOLUTIONS
None
VIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 764 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND AMENDED AND RESTATED DEVELOPMENT
AGREEMENT CONCERNING THE COMMERCIAL DEVELOPMENT ON SOUTH SIDE
OF EL PASEO BETWEEN SAN PABLO AVENUE AND LARKSPUR LANE, Project
Title: Ahmanson Commercial Development Plan Amended and Restated Development
Agreement.
Mr. Altman noted that no changes had been made to this ordinance since its introduction.
Councilmember Benson asked if the developer was any closer to getting a major retailer for
this center.
MR. BILL BONE responded that they were still working on it and that an agreement had not
yet been consummated. He said negotiations were still ongoing with Saks and that the odds
were 70% or greater that an agreement would be reached.
Mr. Altman noted that there were still some traffic issues in regard to this center that needed
to be discussed.
Councilmember Benson stated that she had received several calls this week relative to the
City participating in this project if there is not going to be a major, and she suggested that
the project go back to the Economic Development Advisory Committee and the El Paseo
merchants to see if they want it if there is no guarantee of a major. She said there were also
concerns raised relative to the anti -raiding provision being different than what was presented
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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
at EDAC, and Councilman Crites had expressed concern with that particular section of the
ordinance.
Councilman Snyder stated Councilman Crites had asked that this matter be continued to the
next meeting so that he could talk to the merchants and the EDAC since there is nothing in
the revised version of the development agreement that says there will be either a Saks or an
equivalent anchor store.
Councilman Kelly stated that his understanding was that Council had approved the
development without an anchor, and this request was to add a certain amount of footage on
the condition that there be an anchor store. If there is no anchor, the development will fall
back to the original approval, which was without an anchor.
Mr. Drell stated that the original development agreement did not specify an anchor store and
indicated that the project would be 167,000 square feet. The amendment provides that if an
anchor store is secured, the project will get an additional 30,000 square feet; if no anchor
store, it goes back to the original 167,000 square feet.
Councilmember Benson stated that the El Paseo Merchants Association was under the
impression that there would be an anchor store there; if not, they would like to look at the
project again to see if they want that many small shops in there to compete with them.
Mayor Wilson noted that the issue of road improvements on San Pablo also needed to be
discussed.
Mr. Folkers responded that Mr. Phil Smith was currently meeting with City staff (Ray Diaz
and Joe Gaugush) to discuss these issues. He said staff had met with the owner of Ed
Mullins Pharmacy on the southwest corner of Highway 111/San Pablo relative to widening
the road to provide a left turn lane, through lane, and free flowing right turn lane through that
area and also closing off the frontage road to try and widen both sides and get five lanes on
San Pablo.
Mr. Bone noted that the developer had offered to pay for whatever street improvements the
City wanted between Highway 111 and El Paseo within the right of way, including sidewalks,
curbs and gutters, paving, etc. He said they just did not want to pay for any condemnation
and taking of pits;,. ty in order to do that.
Upon question by Mayor Wilson, Mr. Folkers responded that we would have to go beyond
the right of way for the street improvements, and the City would be responsible for picking
up the additional right of way.
Mayor Wilson noted that there were three options for the Council to consider: 1) Delay this
matter until Councilman Crites arrives so that he can express his concerns; 2) adopt the
Ordinance; 3) continue the matter to the first meeting in December as suggested by
Councilmember Benson.
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Mr. Altman noted that an additional option would be to continue the matter to the Adjourned
City Council Meeting of November 16, 1994.
Mr. Bone stated he would have no problem continuing this ordinance to the November 16th
meeting in order for these concerns to be addressed. He added that he had not seen anything
yet as far as what property would have to be taken to do the street improvements.
Mayor Wilson stated that a special meeting of the EDAC would also have to be called, and
he asked that this be scheduled for Tuesday, November 15th.
Councilmember Benson moved to continue this matter to the Adjourned City Council Meeting of
November 16, 1994, and to instruct staff to call a Special Meeting of the Economic Development Advisory
Committee for Monday or Tuesday, November 14th or 15th. Motion was seconded by Snyder and carried
by a 4-0-1 vote, with Councilman Crites ABSENT.
IX. CONSENT ITEMS HELD OVER
None
X. NEW BUSINESS
A. IMQUEST FOR CONSIDERATION OF AN APPEAL OF PUBLIC NUISANCE
VIOLATION.NOTICE RELATIVE TO REMOVAL OF A GOAT, Case #94-1339 (Clair
Bouwhuis and Brent Bouwhuis, Appellants).
Mr. Ramsey reviewed the staff report and offered to answer any questions.
The owners of the goat addressed Council and asked what they would need to do in order to
keep their pet. They noted that the goat, Wilbur, was always on a leash when out of the pen.
Councilmember Benson asked whether any of the neighbors had personally contacted the
owners or asked them to do anything about the goat, and the owners responded that no one
had contacted them. They said they had resided in the City of Palm Desert for over five
years and had never had any complaints. In addition, they had contacted both the City and
the County before they got Wilbur to find out the regulations for keeping such a pet. .They
were told that as long as he was a pet, they just needed to make sure he was always under
restraint and that there was no ordinance against having a goat within the City limits.
Councilman Snyder he could see no problem with this. Councilman Kelly agreed and said
he was reluctant to take someone's pet away.
Councilman Snyder moved to grant the appeal and allow the goat to remain. Motion was seconded
by Kelly and carried by a 4-0-1 vote, with Councilman Crites ABSENT.
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Councilman Kelly asked that staff look at sending out a different type of letter than the
standard form used. He added that he felt it was too bureaucratic.
Mr. Ramsey responded that staff would do so.
B. REQUEST FOR CONSIDERATION OF ORDINANCES AMENDING THE
REDEVELOPMENT PLANS FOR PROJECT AREAS 1, 2, 3, AND 4 PURSUANT TO AB
1290, THE COMMUNITY REDEVELOPMENT LAW REFORM ACT OF 1993.
Mr. Ortega reviewed the staff report, noting that AB 1290 became effective on January 1,
1994. By adoption of these ordinances, the Council was essentially concurring with
amendments that the Agency would come back with at a later time.
Councilmember Benson moved to: 1) Waive further reading and pass Ordinance No. 765 to second
reading, amending the Redevelopment Plan, As Amended, for Project Area No. 1, As Amended, of the
Palm Desert Redevelopment Agency; 2) waive further reading and pass Ordinance No. 1E6 to second
reading, amending the Redevelopment Plan for Project Area No. 2 of the Palm Desert Redevelopment
Agency; 3) waive further reading and pass Ordinance No. 2 2 to second reading, amending the
Redevelopment Plan for Project Area No. 3 of the Palm Desert Redevelopment Agency; 4) waive further
reading and pass Ordinance No. 768 to second reading, amending the Redevelopment Plan for Project Area
No. 4 of the Palm Desert Redevelopment Agency. Motion was seconded by Snyder and carried by a 4-0-1
vote, with Councilman Crites ABSENT.
C. REOUEST FOR APPROVAL OF CONTRACT WITH THE GOODMAN CORPORATION
FOR COMPLETION OF A MAJOR METROPOLITAN INVESTMENT STUDY FOR THE
PALM DESERT PEOPLEMOVER (Contract No. C09230).
Mr. Millheim introduced Mr. Barry Goodman of the Goodman Corporation.
Mr. Goodman addressed the Council and reviewed the reports in the packets relative to the
Major Metropolitan Investment Study (MMIS) and the FTA Innovative Financing Initiative.
He offered to answer any questions.
Councilman Snyder stated he felt this was a very well put together program.
Councilman Kelly stated he felt the money spent for this study would be a good investment
towards the City's objectives.
Councilman Kelly moved to, by Minute Motion: 1) Authorize The Goodman Corporation ("TGC")
to complete a Major Metropolitan Investment Study ("MMIS") for the Palm Desert Peoplemover as outlined
in the scope of services attached to the staff report dated November 10, 1994; 2) authorize the appropriation
of $56,000 for this project which includes $38,000 from the Peoplemover unobligated fund reserves and a
transfer of $18,000 from the Year 2000 Capital Project Unobligated Reserves. Motion was seconded by
Snyder and carried by a 4-0-1 vote, with Councilman Crites ABSENT.
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D. REOUEST FOR CONSIDERATION OF PROPOSED ASSESSMENT DISTRICT FOR
MERANO (ROBERT L. MAYER TRUST) -- ASSESSMENT DISTRICT NO. 94-3.
Mr. Diaz reviewed the staff report for this assessment district at the northeast corner of
Monterey Avenue and Country Club Drive, noting that the developer had already deposited
$50,000 with the City and could recover those funds from the bond proceeds. He stated that
the City would retain the $50,000 whether the bonds are sold or not.
Councilmember Benson questioned the infrastructure for this corner piece and asked if it
would be the same for commercial as for residential as far as the assessment district.
Mr. Diaz stated that the Public Works Director had advised that it would not be the same.
Councilman Kelly asked what the Planning Commission had done with that corner.
Mr. Diaz asked that Council continue this matter so that he could provide the information
requested. Upon question by Mayor Wilson, he responded that the corner was zoned PR-7,
and conditions of approval on the tentative map had been submitted by the Public Works
Department.
Mayor Wilson stated it was his understanding the staff was requesting that the Council start
the process to establish the assessment district for the entire project even though the developer
was only doing a portion of it. Mr. Diaz agreed.
With Council concurrence, this item was held until the 7:00 p.m. portion of the meeting to allow
staff time to review the project and provide the information requested by Council.
Mayor Wilson stated that staff had provided Council with the conditions of approval from the
Planning Commission.
Councilman Kelly moved to waive further reading and adopt Resolution No. 94-114, appointing
and designating assessment engineer, bond counsel, appraiser, and financial advisor with respect to the
formation of and the issuance and sale of bonds for the proposed Assessment District No. 94-3 (Merano)
and authorizing negotiation of agreement regarding formation of said assessment district with Robert L.
Mayer Trust. Motion was seconded by Snyder and carried by unanimous vote.
E. INFORMATIONAL ITEMS:
1. Colony CableVision of California Update.
Mr. Ortega noted the report in the packets and offered to answer any questions.
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2. Alternative Energy/Alternative Transportation Industry Update.
Mr. Shillcock reviewed his report dated November 10, 1994, and offered to answer
any questions.
XL CONTINUED BUSINESS
A. REQUEST FOR CONSIDERATION OF ACQUISITION OF TWO SCULPTURES FOR
INCLUSION IN THE DESIGN OF THE POP -JET FOUNTAIN (Continued from the
Meeting of October 27, 1994).
Mr. Erwin stated he had asked for this item to be continued because of concerns with the
contract. He said there was no further reason at this point to hold the item and that could
now take action if it wished to do so.
Upon question by Councilmember Benson, Ms. Sass responded that the sculptures were not
available at this point in time and still needed to be fabricated, a process that could take up
to six months. She added that the smallest piece was being sold now and that the artist had
contacted her this week. There was one piece left, and she felt it was small enough that
whether or not we have the fountain, we could find a place for it in the park. She asked that
Council approve its purchase at this time.
Councilman Kelly moved to, by Minute Motion: 1) Affirm the recommendation of the Civic Arts
Committee and approve the acquisition of "Proceed with Caution" by Gary Alsum for $12,000.00 and
"Finders Keepers" by Rosalind Cook for $8,500.00 for inclusion in the overall design of the pop -jet fountain
in the Civic Center Park; 2) approve the expenditure of $20,500.00 from Account #436-4650-454-4001.
Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Crites ABSENT.
B. PRESENTATION BY DINERS CLUB RELATIVE TO THE "DINERS CLUB MATCHES"
GOLF EVENT (Continued from the Meeting of October 27, 1994).
Mr. Kent Jackson, Regional Sales Director for Diners Club, addressed Council relative to this
event which will take place December 8 - 11 at the Jack Nicklaus Resort Course at PGA
West in La Quinta. He asked that the Council encourage merchants throughout the City to
accept the Diners Club cards. He added that he would leave a media kit with the City Clerk.
Councilman Snyder moved to, by Minute Motion, direct staff to work with the Diners Club on this
project. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Crites ABSENT.
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XII. OLD BUSINESS
A. FINAL REPORT AND RECOMMENDATION ON PROPOSED RESTRUCTURING OF
CITY DEPARTMENTS.
With Council concurrence, this item was held until the 7:00 p.m. portion of the Agenda so that
Councilman Crites could speak to the issue.
Councilman Kelly asked what the final decision had been with regard to the Parks &
Recreation Commission's concerns.
Mr. Altman responded that no final decision had been made. He said a team of staff people
had gone to the Parks & Recreation Commission meeting to find out what their concerns
were. He said they had come up with about 15 or 20 concerns, and the Commission was
giving staff a month to come back with some responses. After that, staff would ask for a
joint meeting between the Council and the Parks & Recreation Commission. He added that
Councilman Crites also attended the meeting and might wish to comment on it.
Councilman Crites stated that his observation was that there was nothing in the meeting that
said that right now we need to restructure where the Parks & Recreation Commission is in
terms of the organizational chart. He said there were significant concerns about areas such
as the following:
1) In their ability to have input into master planning and into the budget for parks and
recreation;
2) A number of decisions they thought had appeared without them having any idea of
what those decisions were all seemed to have their source in the Civic Center Steering
Committee. These were decisions the Steering Committee had initially made and then
forwarded to the Council for action, and the concern was that recommendations from
the Steering Committee did not go to the Parks & Recreation Commission before
going to Council.
3) Issues dealing with feedback and what happens to projects when they are
recommended, or ideas or motions that they make and where do they go, etc.
He said the request was that by their next meeting staff will come back with a list of
responses to that and that from that, the Commission will try to make some recommendations
to the Council about what changes need to occur. He said he felt this was a fairly reasonable
way to do this in a fairly short time frame.
Councilman Crites stated that there was a memo that had been prepared by John Wohlmuth
and then meetings after that with the City Clerk's Office on issues of staffing and who is
going to back up who, etc. He said he assumed the final results of that were yet to come to
the Council.
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Mr. Altman responded that what was before Council for consideration at this meeting was
information that was in the packets. He said he would also come back at the next meeting
with recommendations on how to staff that. He said staff was requesting that Council
approve the recommendation on the Agenda, and the other items would come back at the next
meeting.
Councilmember Benson clarified that the memorandum from John Wohlmuth was the least
of what would be done; there may be more but this is the least. Mr. Altman agreed.
Councilman Snyder moved to, by Minute Motion, approve staffs recommendation as identified in
the Agenda [1) Approve the reorganization plan and amend the allocated staff positions to include the
addition of a Finance Investment Officer funded from the general fund unobligated reserves and a Senior
Office Assistant, Housing Coordinator and RDA Analyst funded by the RDA; 2) authorize the Mayor to
enter into an agreement between the City and the Redevelopment Agency for the provision of related
services (Contract No. C09240)]. Motion was seconded by Crites and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF PURCHASE OF LOW POWER RADIO
EQUIPMENT.
Councilman Snyder moved to continue this matter to the meeting of December 8, 1994. Motion
was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
On behalf of City staff, Mr. Altman commended Mayor Wilson for all his years of service
as Palm Desert's leader. He congratulated Mayor Wilson on his election to the Riverside
County Board of Supervisors, and he wished him well in the future.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session to discuss the following items listed on the Agenda:
1. Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9 (a)
Names of parties: City of Palm Desert v. Refco Capital Corporation, et al
Case Number: U.S. District Court, Central Division, Case No. CV92-7631-RJK
2. Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9 (a)
Names of parties: Gonzalez v. City of Palm Desert
Case Number: Riverside Superior Court, Indio Branch, Case No. 257063
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3. Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9
Names of Parties: Craig Stull - workers comp cases
Case numbers: SBR 169336 and SBR 0197690
Mr. Erwin noted that an additional item had arisen this morning relative to threatened
litigation, and he asked that the Council consider placing it on the Agenda for discussion in
Closed Session pursuant to Government Code Section 54956.9(b), Threatened Litigation. He
said he did not believe it was appropriate to publicly disclose what the threat was.
Councilman Snyder moved to add this item to the Agenda to be discussed in Closed Session.
Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT.
C. CITY CLERK
1. Mrs. Gilligan noted that the Adjourned City Council meeting of November 16th was
scheduled to be held at 7:00 p.m.; however, due to other items that needed to be
considered at that same meeting, staff was requesting that it be held at 6:00 p.m.
instead.
2. Mrs. Gilligan noted that the Civic Arts Committee Festival of Music would be held
on December 4, 1994, at 12:30 p.m. in the Civic Center Park Amphitheater.
3. Mrs. Gilligan reminded the Council of the City -sponsored "5K Run" scheduled for
Noon on December 14, 1994.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Request for Approval of the Production of a Book on Palm Desert History.
Councilman Kelly noted that this was something he saw another city do and
felt it would be something good for Palm Desert. He stated that
Councilmember Benson had discussed this with the Palm Desert Historical
Society, and those members were very enthused about the project.
Councilmember Benson added that the Councilmembers had recently received
a letter from Mr. Ted Lennon indicating that he was working on a film that
would tie in with this book. Upon question by Mayor Wilson relative to the
accuracy of the book, Councilmember Benson responded that the Historical
Society members would be monitoring that very closely. She added that one
of the members, Mrs. Ginny Folkers, had entered a lot of information about
the City into the computer, and it had been done very well.
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Mrs. Gilligan added that there was a retired curator from the Riverside
Museum working with the Historical Society.
Councilman Kelly moved to, by Minute Motion, appropriate $10,000 to the Palm Desert Historical
Society for the production of a book on the history of Palm Desert. Motion was seconded by Benson and
carried by a 4-0-1 vote, with Councilman Crites ABSENT.
o City Council Committee Reports:
1. Councilmember Benson noted the Convention and Visitors Bureau (CVB)
Christmas party scheduled for December 13th from 5:30 p.m. to 7:00 p.m. at
the Atrium in Rancho Mirage.
2. Councilmember Benson stated that the Joslyn Cove Communities Senior Center
had scheduled a reception to be held on December 16th from 4:00 p.m. to
7:00 p.m. and had asked that as many City representatives as possible attend.
3. Councilman Kelly reported that he had been elected Chairman of the Mayors'
and Councilmembers' Conference, and he reported on the meeting held the
previous evening. He added that he would like to this year get as many of the
Riverside County Supervisors as possible to attend the meetings.
4. procedure to Fill Vacant City Council Seat
Councilmember Benson asked what the proper procedure was to fill the vacant
City Council seat due to the election of Mayor Wilson to the Riverside County
Board of Supervisors.
Mrs. Gilligan responded that per the Government Code, the Council has 30
days from the date of a Councilmember's resignation to appoint a new member
or call for a special election. A special election must be held no less than 114
days from the calling of the election. She said it was her understanding that
Mayor Wilson would leave the beginning of 1995, which means a special
election could be held in June. She added that his current term on the Council
is due to expire in November, 1995, and the nomination period for that
election would begin in July.
Mr. Erwin clarified that the 30-day time limit starts to run from the date of the
vacancy, which is when he is sworn in as a member of the Board of
Supervisors.
Mayor Wilson stated that Council could: 1) Appoint someone to fill the
vacancy; 2) call a special election; 3) do nothing, and the City Clerk would
then call for a special election.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1994
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Mrs. Gilligan noted that an election would cost approximately $55,000.
With Council concurrence, the City Clerk was directed to place this item on the Agenda for the
Adjourned City Council meeting of November 16th for discussion.
5. Mayor Wilson reported that the Trustees of the Cal State system met yesterday
to talk about our Memorandum of Understanding (MOU). Questions and
comments were all very positive, and they felt this was the wave of the future
in meeting demands for higher education in California. He added that they
had unanimously approved execution of the MOU.
XIV. ORAL COMMUNICATIONS - B
Councilman Snyder moved to recess the meeting to Closed Session at 5:25 p.m. Motion was
seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT.
NOTE: Councilman Crites arrived at 5:35 D.M. and ioine�e City Council in Closed Session.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
See individual items for Council discussion and action.
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PLAOUES OF APPRECIATIQN TO THE FOLLOWING
INDIVIDUALS FOR THEIR SERVICE ON THE CITY'S BUILDING BOARD OF
APPEALS AND CONDEMNATION: MR. JOHN MARZICOLA - MAY 1975 TO MAY
1992; MR. AL COOK - MAY 1977 TO JUNE 1988; MR. PAUL WHITE - APRIL 1976 TO
SEPTEMBER 1991.
Mayor Wilson presented a plaque of appreciation to Mr. Cook for his years of service on the
City's Building Board of Appeals and Condemnation.
Mr. Cook thanked the Council and stated it had been a pleasure serving with the Council and
staff.
NOTE: The remaining plaques were mailed by staff to the recipients.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1994
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B. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. DENNIS ORSBORN FOR
HIS SERVICE ON THE CITY'S PARKS AND RECREATION COMMISSION FROM
SEPTEMBER 1991 TO AUGUST 1994.
NOTE: This plaque was mailed to Mr. Orsborn as he was unable to attend the meeting.
C. PRESENTATION OF PLAQU'e OF APPRECIATION TO MR. PAUL CAMPBELL FOR
HIS SERVICE ON THE CITY'S PROMOTION COMMi i i = FROM JUNE 1990 TO
OCTOBER 1994 AND AS THE CITY'S REPRESENTATIVE ON THE JOSLYN COVE
COMMUNITIES SENIOR CENTER BOARD FROM DECEMBER 1993 TO OCTOBER
1994.
Mayor Wilson presented the plaque to Mr. Campbell and thanked him on behalf of the entire
City Council for his service to the City.
D. PRESENTATION BY THE PALM DESERT COMMUNITY THEATRE OF ITS
PROPOSAL REGARDING LEASE OF THE PORTOLA LIBRARY BUILDING.
Mr. Dale Erickson, President of the Palm,Desert Community Theatre, thanked the Council
for the opportunity to present the Theatre's proposal. He noted that they had investigated the
parking situation at the Portola Library Building and had contacted Tom Costa at the church
across the street and had obtained mutual agreement that the parking overflow by both
organizations would be shared, with the church using the Theatre parking at the library
building, and vice versa. He said they would request a waiver of rent for the Community
Theatre, and other than that, he said they felt the Theatre could be supported from ticket sales
as well as private and corporate donations. He offered to answer any questions.
Councilman Crites commented that aside from the request from the Community Theatre, he
felt it was appropriate for the Council to contact other groups that would have a potential
interest in using this building. He said the City had had a number of different groups in the
past requesting donation of a facility for their organization, and he said he felt it was
important to make sure that everyone who has an interest has the opportunity to come forward
and express that interest.
Mayor Wilson added that the Council also must keep in mind that this is not the first time
this group has come to the City. He said many years ago they explored this same possibility
with the Council, and they were advised that the City would entertain the idea when the new
library was built.
Councilman Snyder moved to refer to Civic Arts Committee for report and recommendation.
Motion was seconded by Kelly and carried by unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1994
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E. REORGANIZATION OF THE CITY COUNCIL.
1. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE.
Mrs. Gilligan declared the Office of Mayor vacant and asked for nominations for
the position of Mayor.
Councilmember Benson nominated Councilman Buford A. Crites and asked that nominations be
closed and that a unanimous ballot be cast. Motion was seconded by Kelly and carried by a 4-0-1 vote, with
Councilman Crites ABSTAINING.
Mrs. Gilligan declared the Office of Mayor Pro-Tempore vacant and asked for
nominations for that position.
Councilman Kelly nominated Councilman Snyder and asked that nominations be closed and
that a unanimous ballot be cast. Motion was seconded by Crites and carried by a 4-0-1 vote, with
Councilman Snyder ABSTAINING.
2. COMMENTS BY NEWLY SELECTED MAYOR AND MAYOR PRO-TEMPORE.
Mayor Pro-Tem Snyder stated that he hoped to be able to continue with the present
program and said he would work with the Mayor to keep the teamwork going and
make Palm Desert the best city in the Valley.
On behalf of his colleagues on the City Council, Mayor Crites stated that his first
official act was to congratulate Councilman Roy Wilson on the outstanding campaign
for office that was positive instead of negative. He said the Council would sincerely
miss him as well as his judgment, wisdom, and calmness. He said he would
especially miss Councilman Wilson because he would also lose a colleague at the
College of the Desert.
XVIII. PUBLIC HEARINGS
A. REOUEST FOR CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT
NO. 94-2 (SUNTERRACE) AND THE ACQUISITION OF PUBLIC IMPROVEMENTS
WHICH HAVE BFFN CONSTRUCTED WITHIN AND FOR THE ASSESSMENT
DISTRICT.
Mayor Crites declared the public hearing overt and called on the City Clerk for proof of
mailing of the Notice of Hearing.
Mrs. Gilligan reported that a Notice of Hearing and Public Meeting had been mailed to all
persons owing real property proposed to be assessed in Assessment District No. 94-2 whose
names and addresses appear on the last equalized assessment roll of the County of Riverside
or as known to her.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1994
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Mayor Crites called on the Assessment Engineer for summary of the Engineer's Report.
MR. BAHADUR S. GILL, Advanced Engineering, 74-140 El Paseo, #5, Palm Desert,
summarized the Engineer's Report, noting that this district had been formed to improve public
streets (Sandcastle, Eldorado, and Hovley Lane). He said this would include curbs and
gutters, pavement, sewer, water, etc. He offered to answer any questions.
Mayor Crites called on the City Clerk for a summary of all written objections or protests, and
Mrs. Gilligan responded that no written objections or protests had been received. Mayor
Crites called for questions, comments, protests, or objections from the audience,- and none
were offered. He announced that there did not appear to be objections or protests by the
owners of a majority of the area of the land within the Assessment District, and he declared
the public hearing closed.
Councilman Wilson moved to: 1) Waive further reading and adopt Resolution No. 94-115,
confirming assessment and ordering acquisition of improvements; 2) waive further reading and adopt
Resolution No. 94-116, determining unpaid assessments; 3) waive further reading and adopt Resolution No.
94-117, approving the acquisition agreement and agreement for acquisition, conveyance, and operation of
water and sanitary sewer system improvements; 4) waive further reading and adopt Resolution No. 94-118,,
approving the issuance of bonds. Motion was seconded by Kelly and carried by unanimous vote.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
1. Mayor Crites noted that he had had the opportunity to go with Mr. Ortega and Mr. Diaz to
look at Mr. Howard Marguleas' offer for date trees for the Civic Center date garden. He
said they were excellent trees that were approximately five years old, and he congratulated
the Public Works Department for their efforts. He said they also recommended that there be
a separate area with one of each of the commercial date varieties used in the Valley.
2. Mayor Crites asked that a report be included on the next Agenda relative to what is
happening with the rest of the colonnade for the softball fields.
3. Mayor Crites congratulated his colleagues on the Council and City Manager Bruce Altman
relative to the stories in the media recently about the 911 dispatch center coming to the
Valley.
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REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 10, 1994
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Upon motion by Wilson, second by Kelly, and unanimous vote of the City Council, Mayor Crites
adjourned the meeting at 8:35 p.m. to 5:00 p.m. on Wednesday, November 16, 1994.
ATTEST:
SHEILA R GU1 AN, Cth CLERK
CITY OF PALM DESERT,' ALIFORNIA
BUFQ A. CRITES, MAYOR
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