HomeMy WebLinkAbout1994-09-22MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 22, 1994
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I. CALL TO ORDER
Mayor Wilson convened the meeting at 4:00 p.m.
H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson
III. INVOCATION - Councilman Walter H. Snyder
IV. ROLL CALL
Present: Excused Absence:
Councilmember Jean M. Benson Councilman Richard S. Kelly
Mayor Pro-Tempore Buford A. Crites (arrived at 5:10 p.m.)
Councilman Walter H. Snyder
Mayor S. Roy Wilson
Also Present:
Ramon A. Diaz, Acting City Manager
David J. Erwin, City Attorney
Mary P. Frazier, Deputy City Clerk
David Yrigoyen, Acting Director of Redevelopment Agency
Richard J. Folkers, ACM/Director of Public Works
Paul Gibson, Director of Finance
Wayne Ramsey, Acting Director of Code Compliance
Catherine Sass, Community Arts Manager
Ken Weller, Emergency Services Coordinator
Lisa Constande, Environmental Conservation Manager
V. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of August 25 and September 8, 1994.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AQIUNST THE CITY TREASURY - Warrant No. 13.
Rec: Approve as presented.
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Carl A. Cox and Jan A. Cox
for Palm Desert Shell, 73-051 Highway 111, Palm Desert.
Rec: Receive and file.
D. CLAIM AGAINST THE CITY (#246) by Ann Marie Pedersen in the Amount of $150,000.
C.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
E. CLAIM AGAINST THE CITY (#265) by Gary Lange in an Amount in Excess of
$2,500,000.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
F. REOUEST FOR RELEASE OF SUBDMSION IMPROVEMENT SECURITY for Parcel
Map 27400 (Trustees of the Estate of Bernice Pauahi, Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to release the subject improvement securities.
G. MINUTES of the Finance Committee Meeting of July 14, 1994.
Rec: Receive and file.
H. REOUEST FOR AWARD OF BID for Contract Sweeping Services (Contract No. C08980).
Rec: By Minute Motion, award the bid for contract sweeping services to Interstate
Sweeping, Inc. in the amount of $127,810.80 (Contract No. C08980).
I. REOUEST FOR AWARD OF BID to Purchase Grass Seed for Annual Overseeding.
Rec: By Minute Motion, accept updated staff report and recommendation for the
purchase of grass seed as a result of the September 20, 1994, bid opening.
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J. REQUEST FOR AWARD OF CONTRACT for Construction of Street Widening and
Landscaping of Highway 74 Adjacent to Bighorn Development, Assessment District 94-1,
Bighorn (Contract No. C09060).
Rec: By Minute Motion, award the contract to E.L. Yeager Construction Company for
the construction of street widening and landscaping of Highway 74 adjacent to
Bighorn Development, Assessment District 94-1 (Bighorn), in the Amount of
$782,685.00 plus a ten percent contingency of $78,269.00 and authorize the Mayor
to execute the agreement.
K. REQUEST FOR AWARD OF CONTRACT for the 1995 Community Calendar (Contract No.
C09050).
Rec: By Minute Motion, award Contract No. C09050 to Wilkinson & Parlan Advertising
in the amount of $28,538.19 plus an 8% contingency for the production of the
City's 1995 Community Calendar.
L. CONSIDERATION OF LETTER from Southern California Edison Company Requesting
Palm Desert's Support of AB1879 and SB1632 to Help Coachella Valley Citizens Lower
Their Electric Costs.
Rec: By Minute Motion, direct staff to prepare a letter for the Mayor's signature in
support of the legislation.
M. CONSIDERATION OF LETTER from the Desert Chapter of the Building Industry
Association of Southern California, Inc., Requesting that the City of Palm Desert Adopt a
Policy Relative to Provide an Incentive for Local Businesses who Bid on Public Works
Projects.
Rec: Refer to staff for report and recommendation.
N. REOUEST FOR APPROVAL of the Purchase of a New Battery Set for the Electric Bus.
Rec: By Minute Motion: 1) Authorize the purchase of a new battery set for the electric
bus from Specialty Vehicles Manufacturing Corporation; 2) make a finding pursuant
to Palm Desert Municipal Code Section 3.32.090 that the purchase of shuttle bus
batteries is unique and therefore exempt from bidding; 3) authorize the City to
utilize AB2766 Mobile Source Reduction funds in an amount not to exceed
$6,000.00 to purchase the shuttle batteries.
Mayor Wilson noted that Councilman Crites had requested that Item K be removed from the
Consent Calendar for separate discussion under Section IX, Consent Items Held Over. He also
asked that Item L be removed. He noted that with regard to Item M, he had taken the liberty of
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sending the requested letter, and if there were no objections from the Council, the requested action
was not necessary. Council concurred.
Councilman Snyder moved to approve the remainder of the Consent Calendar as presented. Motion
was seconded by Benson and carried by a 3-0-2 vote with Councilmen Crites and Kelly ABSENT.
VI. ORAL COMMUNICATIONS - A
MR. RICHARD IMMENHAUSEN, 73-466 Goldflower Street, stated he had sent a letter to the
Council on August 30, 1994, relative to a problem he was experiencing with his home. He gave
a history of the situation, noting that he had entered into a contract in July, 1994, to have his roof
done. There was no problem until August 26, 1994, on which date there was half an inch of rain
which caused severe water damage to his home. He came to the City and discussed the matter with
Director of Building and Safety Pat Conlon. He said Mr. Conlon and inspector Joe Conway
inspected his roof and were amazed at the Building Code violations and the fact that he did not
really have a roof but instead had blue shingles and rotten plywood. He noted he paid $3,800 to
the contractor and that a different roofing expert had advised that it would cost another $3,000 to
fix the roof. He asked for Council's assistance.
Mayor Wilson noted that the Council had received Mr. Immenhausen's letter and had subsequently
received a report from the Building and Safety Department. He said the Council was in the process
of going through that report and would get back to Mr. Immenhausen as soon as possible. He
noted that his understanding was that one of the problems with this situation dealt with the fact that
Mr. Immenhausen had put a stop order on the contractor, and he could not, therefore, go in and
correct some of the problems.
Mr. Immenhausen agreed he had placed a stop order upon the specific instruction of the City.
Upon question by Mayor Wilson relative to recent contact with Mr. Conlon, he stated he had been
advised that Mr. Conlon was on vacation but that he had left messages requesting a complete report
on what they found on the roof.
Mr. Diaz stated that he had heard of this situation just prior to the Council meeting but that he
intended to call a meeting with the contractor, building inspector, Director of Building and Safety,
himself, and Mr. Immenhausen early next week to sit down and attempt to resolve the matter. He
added that a report would be prepared for the Council.
MS. LINDA KIRKENDALE, resident of Palm Desert, asked that Council consider revising its sign
ordinance relative to temporary signs for special events.
Mayor Wilson asked that staff look into this and provide Council with a report and
recommendation.
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Councilmember Benson noted that she had asked that a similar item be listed on the Agenda under
Council Reports and Remarks, and she felt staff could look at Ms. Kirkendale's request at the same
time a report is prepared for her item. Council agreed.
VII. RESOLUTIONS
None
VIII. ORDINANCES
for Introduction;
A. ORDINANCE NO. 762 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE PALM DESERT
MUNICIPAL CODE RELATING TO VEHICLE PARKING AND REPAIRS IN
RESIDENTIAL DISTRICTS.
Mr. Ramsey reviewed the staff report, noting that this was basically to change Chapter 8.32
to assist in the removal of vehicles not owned by property owners.
Councilman Snyder moved to waive further reading and pass to second reading. Motion was
seconded by Benson and carried by a 3-0-2 vote with Councilmen Crites and Kelly ABSENT.
For Adoption:
None
IX. CONSENT ITEMS HELD OVER
K. REOUEST FOR AWARD OF CONTRACT for the 1995 Community Calendar (Contract No.
C09050).
Mayor Wilson stated that Councilman Crites had expressed concern with this item and wanted
a better presentation from staff as to why the City should go with Wilkinson and Parlan. He
also wondered whether the rest of the Councilmembers had had an opportunity to view the
proposals and indicated he felt the proposal from ALZ was the best. He noted that Council
could either hold this item to be discussed upon his arrival or, if the rest of the
Councilmembers agreed with staffs recommendation, it could go ahead and approve the
contract with Wilkinson and Parlan.
Councilmember Benson stated she had looked at all of the proposals and thought Wilkinson
and Parlan was good. She added that suggestions that had been made relative to cover design
and pictures were going to be made by Wilkinson and Parlan.
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Councilman Snyder stated he had just seen some of the proposals; however, it seemed to him
that Wilkinson and Parlan were going in the right direction.
Mr. McAllister addressed Council and stated that six proposals had been received. He noted
that the City had implemented a new promotional program, and the Calendar Committee had
unanimously agreed that the design submitted by Wilkinson and Parlan embodied that new
theme. He said the Committee particularly liked the way the calendar pages had been
redesigned to include upcoming City events in addition to the regular meetings. He added
that the Promotion Committee had also met and agreed with staffs recommendation.
Councilman Snyder moved to, by Minute Motion, award Contract No. C09050 to Wilkinson &
Parlan Advertising in the amount of $28,538.19 plus an 8% contingency for the production of the City's
1995 Community Calendar. Motion was seconded by Benson.
Mayor Wilson stated for the record that he had not seen any of the proposals this year. He
said he had agreed with last year's choice because he had seen all of the proposals; however,
based on the fact that the Promotion Committee had seen the proposals and agreed with
staffs recommendation, he said he would vote in favor.
Mayor Wilson called for the vote. Motion carried by a 3-0-2 vote, with Councilmen Crites and
Kelly ABSENT.
M. CONSIDERATION OF LEI hR from the Desert Chapter of the Building Industry
Association of Southern California, Inc., Requesting that the City of Palm Desert Adopt a
Policy Relative to Provide an Incentive for Local Businesses who Bid on Public Works
Projects.
Mayor Wilson stated that he recalled asking staff for this very same thing about a year ago,
and staff had advised at that time that the City could not do this.
Mr. Erwin responded that the City cannot do this in the bidding process. However, in the
purchasing procedures, the possibility does exist that the City, can make some distinction.
Mayor Wilson stated that if the recommendation to refer the matter to staff was approved by
Council, he would strongly urge staff to try and find a way for the City to give preference
to local businesses wherever legally possible. He also questioned the resolution from the City
of Rancho Mirage and asked why they were able to do something that Palm Desert staff said
could not be done. He added that he would like for Palm Desert to be able to do the same
as Rancho Mirage.
Mr. Diaz stated that this issue had come up at the Chamber Board meeting yesterday, at
which Councilman Crites was present. He said one of the things that would be looked at in
terms of bidding procedures and local contractors, not only for Palm Desert but Valley -wide,
was the issue of bonding and ways to provide that bonding.
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Mayor Wilson moved to refer this matter to staff for report and recommendation. Motion was
seconded by Benson and carried by a 3-0-2 vote, with Councilmen Crites and Kelly ABSENT.
X. NEW BUSINESS
A. CONSIDERATION OF REQUEST FROM TARGET IN THE DESERT CROSSING
PROJECT FOR APPROVAL OF BANNERS.
Mr. Diaz stated that a letter had been faxed to the City requesting continuance of this item.
Councilman Snyder moved to continue this matter to the meeting of October 13, 1994. Motion
was seconded by Benson and carried by a 3-0-2 vote with Councilmen Crites and Kelly ABSENT.
B. INFORMATIONAL ITEMS:,
1. Colony CableVision of California Update.
Mr. Diaz noted the report in the packets of cable complaints received for the period
from August 29 - September 12, 1994.
XI. CONTINUED BUSINESS
A. REOUEST FOR CONSIDERATION OF CIVIC CENTER PARK AQUATIC CENTER
(Continued from the Meetings of July 14 and August 25, 1994).
Mr. Erwin stated that his office was preparing the contract that Council previously authorized
to be prepared. He asked that Council take this matter off the Agenda and reschedule it when
the contract is 'ready.
Councilman Snyder moved to remove this item from the Agenda to be brought back when contracts
are ready. Motion was seconded by Benson and carried by a 3-0-2 vote, with Councilmen Crites and Kelly
ABSENT. .
B. REOUEST FOR CONSIDERATION OF APPEAL TO A DECISION OF THE
ARCHITECTURAL REVIEW COMMISSION DENYING A REQUEST FOR APPROVAL
OF AN AWNING AS INSTALLED AT 73-199 EL PASEO, SUITE E, VISION AMERICA
OPTOMETRY, Case No. 42485A, (Continued from the Meetings of July 14 and August 25,
1994).
Mr. Diaz reviewed the staff report, noting that Council had continued this matter in order to
allow the applicant an opportunity to personally appear before the El Paseo Business
Association Board to present his case. He said it was his understanding (although he had just
received this information today and had not been able to confirm it) that although the Board
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did meet, there were only two Board members present, and the action taken by those two
members was to recommend to the City Council that the appeal be denied.
MS. VIRGINIA BROWN, Manager of Vision America Optometry, stated she had had
nothing but good reports relative to the awning except from the President of the El Paseo
Business Association Board who is also in the optical business. She added that she had
previously submitted 15 letters in support of the awning.
Upon question by Councilmember Benson relative to the El Paseo Business Association Board
and the lack of a quorum at its meeting, Mr. Erwin stated that this was the second time the
matter had gone to the Board. He added that Council had asked for a recommendation that
it technically did not need and that Council was free to act on the matter. However, if
Council so wished, it could continue the item.
Councilmember Benson stated she had gone out and looked at all the awnings along the street
and had found others that were made of shiny material. She then checked and found that
some of the approvals specified what material would be used and some did not. She said she
did not find the awning objectionable. Although she realized the awning company made a
mistake, she said she did not think it was such a glaring mistake that we couldn't go ahead
and leave it up and have a condition on future approvals that the awning companies must sign
and agree that any deviations from the original approval must come back to the City, and if
they do not do so, they will be liable for any costs incurred in removing the awning.
Councilmember Benson moved to, by Minute Motion: 1) Grant the appeal and allow the awning
to remain as installed; 2) direct that all future approvals include a condition that the awning company must
sign and agree that any deviations from the original approval must come back to the City, and if they do
not do so, they will be liable for any costs incurred in removing said awning. Motion was seconded by
Wilson.
Councilman Snyder expressed concern with the representative of the awning company
disregarding proper procedures.
Councilmember Benson stated that Mr. Brooks had used his own best judgment in selecting
an alternate color when the color originally approved had been discontinued.
Mr. Diaz stated he had a suggestion for a way to make sure a similar situation does not occur
in the future. He said the City could require that a sample of the awning material be included
with all awning applications. When the applicant comes in to secure a building permit for
the awning, the City could require that whoever is installing the awning bring in a sample of
the material; both the material and the permit could then be brought over to the Planning
Department for approval and to compare the two materials.
Councilmember Benson asked that the applicant also be required to sign a statement of
responsibility. Mr. Diaz agreed.
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Mayor Wilson asked if Councilmember Benson's motion was to grant the appeal, allowing the
awning to remain as installed, and direct that staff tighten up the regulations so this type of situation does
not happen again. Benson agreed. Motion carried by a 3-0-2 vote, with Councilmen Crites and Kelly
ABSENT.
XII. OLD BUSINESS
A. PROGRESS REPORT RELATIVE TO REQUEST FROM RESIDENTS OF BELMONTE
ESTATES RELATIVE TO ADOPTION OF A RESIDENTIAL COMPATIBILITY
ORDINANCE SIMILAR TO ONE ADOPTED BY THE CITY OF LA QUINTA.
Mr. Diaz stated that he had met with representatives of Century Homes as well as the
Building Industry Association. He said Mr. Steve Smith of his office pointed out to him that
the City's current Architectural Review Commission ordinance had a provision to ensure
compatibility. He said his concern with this provision was that it was not specific in terms
of square footage, etc. and did not give us the opportunity to tell individuals how big or small
the homes must be. He said he had advised the developer that the current City ordinance
might be more restrictive than the La Quinta ordinance; however, they indicated they wished
to attempt resolution of this matter under the City's ordinance. He noted that the new
elevations would be before the Architectural Review Commission at its next meeting and that
homeowners of Belmonte Estates had been notified of this meeting. He said the Commission
would make a decision based on the current findings set forth within the City of Palm Desert
ordinance; if an agreement cannot be reached, the matter would then be appealed to the
Council. He recommended that at this time the La Quinta ordinance be held in abeyance and
that resolution of the matter attempt to be achieved under Palm Desert's present ordinance.
He added that this was the first time this type of situation had occurred and, therefore, the
first time this particular ordinance would be used. Upon question by Mayor Wilson, Mr.
Diaz stated that no Council action was necessary at this time.
MR. TOM O'NEAL, resident of Belmonte Estates, stated he had not heard about the meeting
between staff, the developer, and the Building Industry Association. Mr. Diaz explained the
meeting and noted that under the City's current ordinance, we can achieve more than under
the La Quinta ordinance.
MRS. GIEGLING addressed the Council with regard to elevation plans. She said at the
original meeting, Century Homes did have pictures; however, they indicated that they had
brought the wrong ones. This same thing happened in a second meeting, and the
homeowners do not, therefore, really know what they are building.
Mr. Diaz stated that when this matter is before the Architectural Review Commission,
whatever the developer presents will be approved or denied, and they will not be able to
change it.
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Upon question by Mayor Wilson, Mr. Erwin stated that to the extent there is a problem, it
will automatically be placed on the City Council Agenda and that no Council action was
necessary at this time.
B. REOUEST FOR APPROVAL OF CONTRACT WITH RALPH ANDERSEN &
ASSOCIATES FOR CLASSIFICATION STUDY (CONTRACT NO. C09070).
Mr. Diaz noted the memorandum in the packets and offered to answer any questions.
Upon question by Councilmember Benson, Mr. McAllister responded that the City had used
this same firm for its first classification study in 1978.
Councilman Snyder moved to, by Minute Motion: 1) Approve a contract with Ralph Andersen &
Associates to complete a classification study for the City of Palm Desert; 2) authorize the appropriation of
$20,000 from unobligated general fund reserves for this purpose. Motion was seconded by Benson and
carried by a 3-0-2 vote, with Councilmen Crites and Kelly ABSENT.
C. REOUEST FOR CONSIDERATION OF ACTIONS WITH REGARD TO PROPOSED
ASSESSMENT DISTRICT FOR SUNTERRACE - ASSESSMENT DISTRICT 94-2.
Mr. Diaz reviewed the staff report and offered to answer any questions.
Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 94-101
appointing and designating assessment engineer, bond counsel, appraiser, and underwriter with respect to
the formation of and the issuance and sale of bonds for proposed Assessment District No. 94-2 (Sunterrace),
and approving and authorizing execution of agreement regarding formation of said assessment district; 2)
waive further reading and adopt Resolution No. 94-102 adopting map describing proposed boundaries of
assessment district and ordering filing of map; 3) waive further reading and adopt Resolution No. 94-103
designating newspaper to be used for assessment district proceedings; 4) waive further reading and adopt
Resolution No. 94-104 declaring intention to order the acquisition and construction of certain improvements
within and for a proposed assessment district and the payment of certain expenses incidental thereto pursuant
to the Municipal Improvement Act of 1913, describing the assessment district to be assessed to pay the costs
and expenses thereof, and determining that bonds shall be issued in the amount of the unpaid assessments
pursuant to the Improvement Bond Act of 1915; 5) waive further reading and adopt Resolution No. 94-105
approving assessment engineer's report and appointing time and place for hearing protests to the proposed
acquisition and construction of public improvements. Councilmember Benson seconded the motion, and it
carried by a 3-0-2 vote, with Councilmen Crites and Kelly ABSENT.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Diaz reported that trenching was underway for the new Library and that things were
moving along well. He said the proposed groundbreaking celebration was scheduled for
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October 21 st and that there might be a need for City contribution for that celebration. He
noted that the total cost, according to Mr. Terry Green, would be approximately $6,000, and
the City would be asked to contribute $3,000.
With Council concurrence, staff was directed to place this item on the next City Council Agenda.
B. CITY ATTORNEY
None
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Review of Existing Sign Ordinance Provisions (Councilmember Jean M.
Benson).
Councilmember Benson stated she felt it was time for the City to look at its
sign ordinance in view of all the shopping centers and businesses that are
expanding.
With Council concurrence, staff was directed to convene the former committee to look at the City's
sign ordinance.
NOTE: COUNCILMAN CRITES ARRIVED AT 5:10 P.M.
2. Low Power Radio (Councilman Buford A. Crites).
Councilman Crites stated that he had attended a National League of Cities
Conference in Boston in 1986 and had brought back an idea at that time
relative to low power radio systems that the City can purchase and place at
locations such as the McCallum Theatre and the Marriott that would have a
range of five miles. The City could then install signs at entrances to the City
which advise people where they can tune their radios to receive information
relative to the City. He said the message could be recycled every three
minutes or so. He added that he felt with one or two repeaters, this could
handle the entire City. He asked that staff prepare a report for the Council to
consider and vote on such a system. Council concurred.
3. Councilman Crites stated that he had gone out yesterday to look at the Civic
Center Ballfields and got a report that we are close to being able to use the
lights. ,He asked for the status of the pennants that were planned for the area
on both sides of the catcher artwork.
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Mr. Yrigoyen responded that it was his understanding that the pennant aspect
of the program was put on hold. He said staff would look into this and report
back to Council.
4. Councilman Crites asked if there was anything that could be done with the 1/4
and 1/2 lots on San Pablo Avenue. He said he had walked along that street
and noticed a boarded up house and the fact that these lots did not look very
nice.
Mr. Diaz responded that staff would look into this and bring a report back to
Council.
5. Councilmember Benson asked whose responsibility it was to clear the area by
the wash on Cook Street. She said she had noticed a lot of debris left from
the construction of the overpass. In addition, she said there was a bus stop
sitting in the corner of the lot at Portola Avenue and Highway 111, and she
asked what was going to be done about that.
Mr. Gregg Holtz responded that the debris at Cook Street was not from the
bridge construction and that it was actually from the Coachella Valley Water
District project to extend sewer lines. With regard to the bus stop at Portola
and Highway 111, he said it had been pulled by our contractor and set on that
lot when we made modifications at that intersection. He said staff would
contact Sunline Transit Agency to see if they will retrieve it or relocate it.
Councilmember Benson asked that staff also contact CVWD and ask them to
clean up the Cook Street area since many people come into Palm Desert along
that street.
o City Council Committee Reports:
1. Councilmember Benson showed the Council , an article published in the
American Airlines Golden Gavel relative to the Palm Springs Desert Resorts
Convention and Visitors Bureau. Upon question by Mayor Wilson, she stated
she would provide copies of the article for the Council. She also noted that
the PSDRCVB had, for the 5th straight year, been named one of the top seven
bureaus in the west and 44th in the world.
XIV. ORAL COMMUNICATIONS - B
None
With Council concurrence, Mayor Wilson recessed the meeting at 5:25 p.m. for dinner. He
reconvened the meeting at 7:00 p.m.
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XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMEI TO THE CIVIC ARTS COMMI i i tt TO FILL THE VACANCY
CREATED BY THE RESIGNATION OF EARLE STONE (Continued from the Meetings
of August 25 and September 8, 1994).
Councilman Crites moved to, by Minute Motion, appoint Ms. Pam Bieri to the Civic Arts
Committee to fill the vacancy created by the resignation of Earle Stone. Motion was seconded by Snyder
and carried by unanimous vote.
B. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION TO FILL THE
VACANCY CREATED BY THE RESIGNATION OF DENNIS ORSBORN (Continued from
the Meetings of August 25 and September 8, 1994).
Councilmember Benson moved to, by Minute Motion: 1) Appoint Mr. David Eslinger to the Parks
and Recreation Commission to fill the vacancy created by the resignation of Dennis Orsborn; 2) appoint Mr.
Van Tanner to the Parks and Recreation Commission as an Alternate Member to fill the vacancy created
by the appointment of Mr. David Eslinger as a regular member. Motion was seconded by Snyder and
carried by unanimous vote.
C. APPOINTMFI TO THE PROMOTION COMM' iixt TO FILL VACANCIES
CREATED BY THE RESIGNATIONS OF LLOYD CHESTER AND STEVE WARSH AND
THE EXPIRATION OF TERMS OF DIANA BROWN, ELIZABETH GREEN, GROVER
NOBLES, LOU FEIRING, JIM LOPEZ, ALLAN NYMAN, ROBERT SCHOLL, DICK
SHALHOUB, AND PIPER WILSON (Continued from the Meetings of August 25 and
September 8, 1994).
Councilman Crites moved to, by Minute Motion: 1) Reappoint Elizabeth Green, Jim Lopez, Allan
Nyman, Robert Scholl, Dick Shalhoub, and Piper Wilson; 2) Appoint David Panullo, Robert Evans, and
Matt Zack; 3) appoint James Ferguson to the Committee and to serve as the Promotion Committee liaison
to the Sister Cities Committee. Motion was seconded by Benson and carried by unanimous vote.
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1VIINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1994
s* s** s* s s s**** s s s** s** s s s**** s s*** s s s s
D. APPOINTMENT TO ART -IN -PUBLIC -PLACES COMIvu i t rr TO FILL THE
VACANCIES CREATED BY THE RESIGNATION OF EARLE STONE AND THE
EXPIRATION OF TERMS OF VALERIE MILLER AND WAYNE CONNOR.
Councilman Crites moved to, by Minute Motion, reappoint Wayne Connor and appoint Kevin
Grauchau and David Katz to the Art -In -Public -Places Selection Subcommittee. Motion was seconded by
Snyder and carried by unanimous vote.
XVIII. PUBLIC HEARINGS
A. REOUEST FOR CONSIDERATIQN OF THE RELINQUISHMENT OF HIGHWAY 111.
Mr. Diaz reviewed the staff report, noting that at the meeting of September 16, Council
representatives made it clear that the City of Palm Desert wishes to cooperate with the City
of Cathedral City and would consider adoption of a resolution requesting the State
Department of Transportation and the California Transportation Commission to evaluate the
relinquishment and/or relocation of State Route 111 designation from Palm Desert western
city limits to Monterey Avenue/Highway 111, as long as it did not commit the City of Palm
Desert to any particular course of action. He noted the resolution in his report dated
September 21, 1994, and said he had received a faxed memorandum from the City of
Cathedral City relative to this resolution and requesting that the word "evaluate" be changed
to "initiate". It also included suggested wording for a third section which would provide
additional security to the City of Palm Desert that the initiation of the process does not
commit the City to formal adoption of a relinquishment at this time. He said staff felt
"evaluate" was a better word than "initiate" in terms of meeting the goals the City of Palm
Desert wishes to set forth.
Mr. Folkers added that Cathedral City staff had periodically mentioned that time is of the
essence in this matter.
Upon question by Mayor Wilson relative to staffs specific objection to changing "evaluate"
to "initiate", Mr. Diaz stated that he felt "initiate" indicated the City of Palm Desert was
initiating the process and had already evaluated whether or not we wish to have the
relinquishment whereas "evaluate" meant we want to look at the issue.
Mayor Wilson stated that his understanding from the City of Cathedral City was that they are
under a deadline and want to initiate the process, not study it more. He added that they had
assured him that it did not mean the City of Palm Desert is committed.
Councilman Crites stated that he wanted it made clear that this is something we very well
may not complete. He added that it was not his intent at this time that the City of Palm
Desert would actually do this, and he did not want Caltrans to believe otherwise.
Mayor Wilson invited testimony from the audience.
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REGULAR PALM DESERT CITY COUNCIL MEETING &r r i r iBER 22, 1994
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MR. STEVE CRAIG, Community Development Director for the City of Cathedral City,
addressed Council and said he felt the resolution prepared would be adequate for the purpose
of securing the $1.5 million of consideration that is to be shared approximately equally among
all jurisdictions. He said his memorandum did suggest adding a Section 3 as noted by Mr.
Diaz to read as follows: "SECTION 3. This resolution is conditioned upon negotiation and
approval of a suitable Cooperative Agreement between Caltrans and the City of Palm Desert
to implement the relinquishment of the present highway alignment." In addition, it requested
that the word "evaluate" be changed to "initiate" in the title line 5. He added that he was
sure most of the Council was aware of Cathedral City's plans and what they intended to do
with regard to improvements to the level of service on Highway 111.
Councilman Crites asked when this would be implemented in Cathedral City, assuming all
goes as planned, and how long before intersections are improved and we have six lanes
through that area.
Mr. Craig responded that it was anticipated that it would take approximately two years.
Councilmember Benson stated she had not received a sufficient answer to a question she
asked at the meeting the other day. She questioned whether Caltrans would take the Highway
111 designation and change it to Highway 74 from Monterey Avenue east. She expressed
concern because all of the merchants on Highway 111 would then have to change their
addressed to Highway 74. She said she was not told whether Caltrans could actually do that
or whether they would or would not consider doing so.
Mr. Craig responded that they had discussed with Caltrans exactly how they would handle
designating the remainder of the area that is currently designated as Highway 111. He felt
this was something that should be worked out by the City of Palm Desert directly with
Caltrans in the cooperative agreement.
Councilmember Benson asked what would happen if Palm Desert were to go ahead and do
as requested and then decide at a later time to pull out - would that mean that everyone's
funding was lost?
Mr. Craig responded that in order for this to move forward and in order for them to keep the
allocation of funds from Caltrans which was proposed to be divided among all the
jurisdictions, the step needs to be taken now to initiate the relinquishment. If cooperative
agreements are not worked out between each of the parties, he said it was his understanding
that that would be the end of the availability of the funds - they would go ahead and use the
funds for other purposes.
Councilman Crites stated that his understanding was that Palm Desert would get $300,000.
In addition, staff estimated that this would cost the City $50,000 per year. If all of that is
accurate, after six years, that road that used to be Highway 111 is ours, out of pocket,
forever.
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REGULAR PALM DESERT CITY COUNCIL MEETING bra i r.141BER 22, 1994
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Mr. Craig agreed.
Councilman Crites stated that it would not do the City of Palm Desert any good to relinquish
Highway 111, and he asked whether the City of Cathedral City had entertained the idea of
figuring out a way to hold Palm Desert at a net zero cost increase for doing that. He said
the obvious question a citizen in Palm Desert is going to ask is why we should spend $50,000
a year for the next 50 years to simply remove a designation from a roadway that does not do
us any good within our own city.
Mr. Craig stated that the goal and benefits for everyone in this is to improve Cathedral City's
downtown area and get traffic moving through there. In order to accomplish that, Cathedral
City felt this was an essential first step. The benefits to the region and to the daily movement
of people through this corridor is that they can get through in an expedited manner and get
through an area that will enhance the total economy of the region.
Councilman Crites agreed and said Palm Desert had done that itself over the last 20 years,
going from two lanes and awful frontage roads to six lane highways, etc., which also helps
people from Cathedral City, Indio, etc. and paid for it itself.
Mr. Craig stated that it was also important to keep in mind what will be coming in the future,
and that is that ultimately the Highway 111 designation is to be moved down to the mid -valley
parkway. Whether Palm Desert takes the action to support Cathedral City and move forward
with this process now, recognizing the regional and inter -city benefits for transportation, or
whether it comes at a later date when the mid -valley parkway move occurs, there will still
be the issue that the road will ultimately be moved. He said in terms of the liability and
insurance issues, those had been reviewed by the Joint Powers Insurance Authority, and no
significant claims of conflict arose out of that. He felt the compensation providing by
Caltrans was quite substantial, and he disagreed with staff that it would cost $50,000 per year
to maintain the roadway. He said he did know that this was the last opportunity to take
advantage of this kind of funding for the relocation. With the seismic bonds failing on the
last election, he said there will not be money available for this purpose in the future to fund
a relinquishment, and it may be many, many years before these funds are available. He said
the grateful position was that at least we have the opportunity now to take advantage of this.
The money will be held and if in the future a cooperative agreement is validated and the City
of Palm Desert decides it does want to go forward, the money will at least have been retained
by initiating the process.
Mayor Wilson stated he would like to acknowledge and welcome several elected officials in the
audience - Carol Englehard, Mayor of Cathedral City, and Former Mayor Pat Murphy.
CAROL ENGLEHARD, Mayor of Cathedral City, addressed Council and asked for its
support of this process. She said if the process is not initiated, they would lose the money.
She agreed with Steve Craig that this is a regional project that will bring jobs to the County.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1994
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Upon question by Councilmember Benson relative to what action had been taken by the City
of Palm Springs, Mayor Englehard responded that they had similar concerns to Palm Desert
but were sure that these things could be worked out. She said there were some language
problems and some questions that staff needed to answer, and a meeting had been set for
Wednesday, September 28, at which time this would be discussed again. She noted that the
cutoff date was September 30, and she said she felt confident from the response at last night's
meeting that the Palm Springs City Council was encouraged about the initiation process.
MS. ANNE ZACHARY, Member of the Downtown Task Force, addressed Council and
stated that this would take nothing away from Palm Desert. She asked for Council's
approval.
With no further testimony offered, Mayor Wilson declared the public hearing closed.
Mayor Wilson asked Mr. Erwin whether changing the word "evaluate" to "initiate" and
adding Section 3 would weaken Palm Desert's position in any way.
Mr. Erwin noted for the record that he was the City Attorney for the City of Cathedral City
as well as for Palm Desert. He said he believed that changing the wording in the title did
nothing to weaken Palm Desert's position. He also believed that adding Section 3
strengthened Palm Desert's position.
Councilman Crites moved to waive further reading and adopt Resolution No. 94-106, amended to
replace the word "evaluate" with "initiate" in the title line 5 and adding Section 3 to read as follows: "This
resolution is conditioned upon negotiation and approval of a suitable Cooperative Agreement between
Caltrans and the City of Palm Desert to implement the relinquishment of the present highway alignment."
Motion was seconded by Wilson.
Councilman Crites noted that he had not yet had anyone in Palm Desert express support of
this request and that everyone he spoke with felt it should be left as it is. He said there
needed to be a very good campaign on the part of Cathedral City to convince a lot of people
that not only will this cure conditions of blight, etc., it will also facilitate the movement of
traffic with the improvements to six lanes, etc.
Councilmember Benson added that we really need the facts down because in the hearing that
was held, she had never heard that there would be six lanes.
Mayor Wilson the public hearing to receive additional testimony.
Mr. Craig stated that there would be four dedicated travel lanes plus turn lanes and parking
on the side. In some areas, where the road opens out at intersections, there would be six or
seven lanes. He said the actual design for the project was based on the fact that constraints
of keeping traffic moving is related to the intersections, not the number of lanes between
intersections. He added that this would be clarified in more detail in the Environmental
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 22, 1994
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Impact Report. He said it needed to be made clear to the public that there will be significant
change to the traffic.
Councilman Crites noted that there would be skeptics to that. He said you do not get good
traffic flow by leaving the lanes the same and just changing the intersections.
Mayor Wilson declared the public hearing closed.
Mayor Wilson called for the vote. Motion carried by a 4-0-1 vote, with Councilman Kelly
ABSENT.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Upon motion by Crites, second by Benson, and unanimous vote of the Council, Mayor Wilson
adjourned the meeting at 7:43 p.m.
ATTEST:
MARY P. FRAPER, DEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Y N ON, MAYOR
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