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HomeMy WebLinkAbout1995-04-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Mayor Pro-Tempore Walter H. Snyder IV. ROLL CALL Present-, Excused Absence Councilman Richard S. Kelly Councilmember Jean M. Benson Councilman Robert A. Spiegel Mayor Pro-Tem Walter H. Snyder Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, ACM/Executive Director of Redevelopment Agency Paul Shillcock, ACM/Director of Economic Development Paul S. Gibson, Director of Finance Lisa Constande, Environmental Conservation Manager Mayor Crites introduced Jessica Hawkins and Carly Dove, students at Washington School, and said they were doing an interview process of various people in Palm Desert. He said they had spent time with him and Councilman Kelly, and he thanked both of the students for taking the time to do something special and complimented them on behalf of the Council for being part of a very fine quality school. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. ORAL COMMUNICATIONS - A MR. LOUIS KEMP, President of Palm Valley Homeowners Association, addressed Council relative to Item VI-C of the Agenda regarding a claim filed by the Palm Valley Homeowners Association. He whether they would be given an opportunity to address the Council on this issue prior to a decision. Mayor Crites responded that this item would be removed from the Consent Calendar and held for discussion under Section IX, Consent Items Held Over. MS. KATHLEEN KOPP, 44-870 Cabrillo, Palm Desert, stated she lived in the Palm Desert Water & Services District (PDW&SD). She expressed concern that a five-year recycling program had just been "tossed out the window" by the District. Because of her concerns, she attended a Board meeting of the PDW&SD yesterday to find out the reasons for the change. She received no answer from the Board and said it seemed as if no one was in charge. Finally, the Manager said there had been some complaints by phone. When she asked how many calls, how many complaints, and what type of complaints had been received, she was told they did not know and that they did not keep any records of them. During the entire time, she said it was never said that the trash companies were changed in an effort to give the residents greater service; greater service was never the motivation for giving the residents a different trash company. She said she stayed two hours through a very heated discussion, and it was evident to her that there were some bad feelings, some personal conflicts, and some vindictiveness on the part of some Board members as well as the Manager towards the City of Palm Desert and Waste Management. She said it was her opinion that this decision was made as an "in your face, Palm Desert; in your face, Waste Management" decision. She said the District was formed in 1954 to perform two duties -- trash and water, and she felt it was a little outdated and that it was time to dismantle the District. She suggested three things: 1) Take this out of the attorney's hands; 2) dismantle the District; 3) get on with the business of taking Palm Desert as a whole into the 21st century. Mayor Crites stated that this matter would be referred to staff. He said there had been no discussions between the City and the District before the change in trash companies was made. He said the City had no record of any series of complaints about the existing franchise with Waste Management and had no series of issues about costs or any other issues. The City had serious concerns about being compelled to do their recycle business for them, and this issue was being looked at from a legal point of view. He said that the suggestion about dismantling the District was primarily a matter for the people who are members of that District. He added that the idea of dissolving small water districts had been done in a lot of places in California, and there was a lot of history about how those things play out. MS. SOPHIA CAJUN, resident in the PDW&SD, also expressed concern with the lack of a recycling program. She said the District was referring people to the City instead of dealing with this. She said she wouldlike to see something done so they can get their recycling back. 2 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. PORTINO DIAZ, 74-030 Aster, said he would like to have a more open process where companies can come in and bid on trash collection and recycling services. He said he felt competition was good. MS. SALLY REIDER, Medical Supervisor with the Department of Social Services, invited the Council to the organization's first Job Fair on April 21 from 10:00 a.m. to 2:00 p.m. She submitted brochures to the City Clerk to distribute to the Council. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 23, 1995. Rec: Removed from Consent Calendar. See Section VII, Consent Items Held Over, for Council action. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 39 and 40. Rec: Approve as presented. C-1. CLAIM AGAINST THE CITY l#2781 by Palm Valley Homeowners Association in the Amount of $4,817.68. Rec: Removed from Consent Calendar. See Section VII, Consent Items Held Over, for Council action. D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Islands Restaurants, Inc. for Islands Fine Burgers & Drinks, 72-353 Highway 111, Pad B, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by John Robert Grubb and Joni Aliline Shannon for String Cheese, 44-250 Town Center Way, C-1, Palm Desert. Rec: Receive and file. D-3. APPLICATION FOR aLCOHOLIC BEVERAGE LICENSE by Jeanette Catalano and Dragan P. Rankovich for Apache Corral, 72-990 El Paseo, #2, Palm Desert. Rec: Receive and file. E. MINUTES. of the Promotion Committee Meeting of February 15, 1995. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REQUEST FOR APPROVAL of Final Parcel Map 28059 (The Price Company, Applicant). Rec: Waive further reading and adopt Resolution No. 95-24 approving Parcel Map 28059. G. REOUEST FOR APPROVAL of Traffic Signal Installation at Magnesia Falls Drive and Portola Avenue. Rec: Removed from Consent Calendar. See Section VIE, Consent Items Held Over, for Council action. H. REQUEST FOR ENDORSEMENT of the Concept of Establishing a Coachella Valley NAFTA Rail Corridor. Rec: Waive further reading and adopt Resolution No. 95-25 endorsing the concept of establishing a Coachella Valley NAFTA rail corridor. I. CONSIDERATION OF REOUEST from Caltrans for Support of Cooperative Training Assistance Program (CTAP). Rec: By Minute Motion, support the Caltrans CTAP program by responding affirmatively to the questionnaire attached to the staff report dated April 13, 1995. J-1. REOUF' FOR AUTHQRIZATION to Advertise and Ca11 for Bids for Traffic Signal and Striping Modifications on Fred Waring Drive at Phyllis Jackson Lane (Contract No. C09730). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. J-2. REOUEST FOR AUTHORIZATION to Advertise and Call for Bid Proposals for City -Wide Palm Tree Trimming (Contract No. C09740). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bid proposals to perform City-wide palm tree trimming. J-3. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Civic Center Roof Repairs (Contract No. C09750). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for repairs to the original Civic Center roof. 4 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. REQUEST FOR CONSIDERATION of Electrical Work to Connect Mobile Generator to Civic Center Park Well Pumps (Contract No. C09760). Rec: By Minute Motion: 1) Approve the project and authorize the City Clerk to advertise and call for bids for same; 2) authorize the appropriation of $13,000 from the unobligated General Fund Reserve for the work. L-1. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. C08980 with Interstate Sweeping, Inc. for Street Sweeping North of the Whitewater Wash. Rec: By Minute Motion, ratify Change Order No. 1 to Contract No. C08980 in the amount of $1,560.00. L-2. REOUEST FOR RATIFICATION of Change Order No. 1 to Contract No. C08040 with Valley Gardening Service for Maintenance of Trash Receptacles on El Paseo. Rec: By Minute Motion, ratify Change Order No. 1 to Contract No. C08040 in the amount of $5,850.00. M. REOUEST FOR APPROVAL of Change Order No. 2 to Contract No. C08710 with Granite Construction Company for the Cook Street Extension from Frank Sinatra Drive to I-10. Rec: By Minute Motion, cancel Construction Change Order No. 1 and approve Construction Change Order No. 2 to the subject contract for delay and utility coordination construction costs in an amount not to exceed $53,010.00 and transfer this amount from contingency to base in Project Account No. 400-4356-433-4001. N. REOUEST FOR APPROVAL of Graffiti Removal Program (Contract No. C08321). Rec: By Minute Motion, extend the graffiti removal contract with Sunline Services Group through June 20, 1996, at a rate of $4,565.21 per month. O. UOUEST FOR APPROVAL of Public Art at Avenue of the States and Washington Street. Rec: By Minute Motion: 1) Authorize the Mayor to sign Contract No. C09770 between the City of Palm Desert and Marlo Bartels for design, fabrication, and installation of an art work for Palm Desert Country Club; and 2) appropriate $45,000 from CSA-26 to pay $40,000 for the artist contract and $5,000 to cover the City's cost of adjacent island median landscaping. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. RE•UFST FOR APPROVAL of Lineup for Summer Concert Series. Q. R. Rec: By Minute Motion, authorize the Mayor to sign contracts with performers lined up for the Summer Concert Series as outlined in the staff report dated April 13, 1995. RESUFST FOR APPROVAL of Consulting Agreement for a Utility Audit (Contract No. C09780). Rec: By Minute Motion, authorize the Mayor to execute a consulting agreement with Tri-Stem, Incorporated, to conduct a study of prior electrical and telephone billing to determine that the amounts paid by the City are correct. REOUEST FOR APPROVAL of Public Art Projects for the Multi -Agency Library. Rec: By Minute Motion, approve the proposed designs by artists Barbara Field and Reese Neimi for installation at the Multi -Agency Library. S. REOUEST FOR RATIFICATION of City Manager's Approval of Additional Cost of Airline Ticket to Washington, D.C. for Mayor Buford A. Crites. Rec: By Minute Motion, ratify the City Manager's approval of the payment of airline ticket for Washington, D.C. for Mayor Buford A. Crites and direct the City Clerk to process same. T. LE 1TER from the City of Indian Wells Giving Notice of Its Withdrawal from the Coachella Valley Regional Airport Authority. Rec: Removed from Consent Calendar. See Section VII, Consent Items Held Over, for Council action. U. CONSIDERATION OF REOUEST from The Trust for Public Lands Relative to Proposition 117 Habitat Conservation Fund. Rec: By Minute Motion, direct the Mayor to send letters to Assemblyman Jim Battin and Senator David Kelley in opposition to Assembly Bill 117 (Knowles) which would eliminate Proposition 117 Habitat Conservation Fund. Councilman Spiegel asked that Items T and C-1 be held over for discussion under Section IX, Consent Items Held Over. Mr. Altman asked that Item G also be held over, and Mrs. Gilligan asked that Item A be continued to the meeting of April 27, 1995. Upon motion by Spiegel, second by Kelly, the Consent Calendar, with the exception of those items removed for separate discussion, was approved as presented by unanimous vote of the Council. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. RESOLUTIONS None VDT. ORDINANCES For Introduction: NOTE: THE FOLLOWING WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE CITY COUNCIL MEETING. A. ORDINANCE NO. 776 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.16 OF THE MUNICIPAL CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO INVESTMENT COMM' Mayor Crites noted the memorandum in the packets and the ordinance adding a member to its Investment Committee. Mr. Erwin stated that this would add one more member from the public to the Committee. Councilman Spiegel moved to waive further reading and pass Ordinance No. 776 to second reading. Motion was seconded by Kelly and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 772 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO SIGNS, SECTION 25.68, Case No. ZOA 94-3 (Continued from the Meeting of March 9, 1995). Mr. Altman noted that there had been no changes to this ordinance since its introductin. Mr. Diaz added that there had been no changes except for those approved last time. Councilman Kelly moved to waive further reading and adopt Ordinance No. 772. Motion was seconded by Spiegel and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of March 23, 1995. With Council concurrence, this matter was continued to the meeting of April 27, 1995. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C-1. CLAIM AGAINST THE CITY (#278) by Palm Valley Homeowners Association in the Amount of $4,817.68. MR. LOUIS KEMP, President of Palm Valley Homeowners Association, steed that the traffic signal in question as installed at Palm Valley Drive and Country Club in 1990 by the developer, Sunrise. On January 27, 1992, that part of the area was annexed to the City of Palm Desert. He said it was true that the developer paid for installation of the signal, and it was true that until June of 1994, the Palm Valley Homeowners Association paid for the energy costs charged by Southern California Edison in the amount of approximately $4,800.00. He said contrary to a letter received from either Legal Counsel or City Administrative Offices stating that the signal only served the purpose of controlling traffic into both Palm Valley Country Club and Indian Ridge Country Club, it also served as a speed control for through traffic on Country Club. In June of 1994, the Homeowners Association advised the City that it had learned for the first time that it was paying the energy costs and was seeking reimbursement. He said they were advised that the City would pay for future energy costs but would not reimburse the Association for those costs already expended for energy by the Association. When they asked why, they did not receive any answer and instead received a conclusion stating that the Association had not given the City good reason to pay it. The Association's General Counsel then wrote a letter to Mr. Erwin in December, 1994, siting Section 989 of the Government Code. He said he would like to obtain a legal opinion from the City Attorney about why they were not entitled to be reimbursed. He urged the Council to reconsider its denial before it becomes definitive. He added that if a legal citation existed that exempted the City from liability, he would urge the City to give it to them to look at; if it was correct, he assured the Council that the Association would drop the claim with grace and with regrets for taking any more of the Council's time. Mayor Crites stated that this matter would be taken up in Closed Session and would then either through the City Clerk or City Attorney be in touch with the Association. G. REOUEST FOR APPROVAL of Traffic Signal Installation at Magnesia Falls Drive and Portola Avenue. Mr. Folkers stated that latest studies indicated that a signal was warranted at this location. He reviewed the staff report, noting that there would be a slight delay while plans are modified to provide opticom emergency controls as this was not on the original design. Mayor Crites stated he did not believe the Council had ever taken final definitive action on whether or not we should put a traffic bridge across the San Pascual Channel. He said it had been talked about several times in the past; some Councilmembers were in favor and some, including himself, were not in favor. He said he did not feel this was an appropriate Consent Calendar item and needed to be scheduled for a separate full discussion by the Council. With Council concurrence, this matter was continued to the meeting of May 11, 1995. 8 1VIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * T. Lr, i i rx from the City of Indian Wells Giving Notice of Its Withdrawal from the Coachella Valley Regional Airport Authority. Councilman Spiegel stated that this was strictly for information purposes. He asked for clarification. Mayor Crites responded that this was the withdrawal of Indian Wells from the Regional Airport Authority. He suggested that this be received and filed and also scheduled as an informational item for the next City Council meeting with a report from Mayor Pro-Tem Snyder. Councilman Spiegel moved to receive and file the letter and direct staff to place this item on the Agenda for the City Council meeting of April 27, 1995, with a report from Mayor Pro-Tem Snyder. Motion was seconded by Kelly and carried by unanimous vote. R. NEW BUSINESS A. MUST FOR CONSIDERATIQN OF NEW DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) REQUIREMENTS. Mr. Altman noted the report in the packets from Mr. Diaz. Upon question by Councilman Kelly regarding Broadway Joy's, Mr. Diaz responded that it did not qualify as a restaurant under the ABC regulations. Councilman Kelly stated he would not like to go to a restaurant to have dinner and then have to go next door to have a drink. Mr. Erwin commented that this basically was not applicableto liquor licenses that are restaurants as well. It was applicable only to the two license categories of liquor stores and bars. Restaurants were excepted from this determination, and ABC would continue to make that determination. Mr. Diaz stated that he believed Item 2 on the staff report might be the best way to go. He said staff could come back to the Council with the criteria that would be used in making the decision; if that criteria meets Council's criteria, it would be implemented. Councilman Kelly moved to, by Minute Motion, direct staff to take appropriate action and come back with the criteria if Council were to delegate to staff. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR APPROVAL OF PALM DESERT MARATHON '96. Mr. Altman noted the report in the packets. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. LARRY McALLISTER, General Services Director, reviewed the staff report, noting that the 26.2 mile marathon was planned for November, 1996, in the City of Palm Desert. He said the Promotion Committee, Parks & Recreation Commission, and City staff unanimously recommended that this matter be moved ahead to the City Council. He added that the organizers were requesting approval to use the City's name. Councilman Kelly moved to, by Minute Motion: 1) Approve the use of the name and approval of Palm Desert Marathon '96 as recommended by. the Promotion Committee and the Parks and Recreation Commission; 2) direct the City Attorney to prepare an agreement between the City of Palm Desert and the Palm Desert Marathon Association. Motion was seconded by Spiegel and carried by unanimous vote. Mr. Gregory Carel thanked the Council and City staff for their assistance. C. CONSIDERATION OF REOUEST FROM BERMUDA DUNES COMMUNITY COUNCIL FOR CITY OF PALM DESERT REPRESENTATION AT ITS PUBLIC MEETING OF MAY 2, 1995. Mr. Altman noted the report in the packets. He said City staff was invited to attend their public meeting of May 2, 1995, to answer any questions that might arise relative to annexation. Councilman Spiegel stated that Bermuda Dunes came to the City requesting information about annexation. He said they had their own board and had called a meeting of all the people who live in Bermuda Dunes and asked that someone from the City be present to answer questions, with no commitment on the City of Palm Desert's part. He said it was the recommendation of the Annexation Committee to have staff attend this meeting. Mayor Crites stated that he will want to hear good reasons about why this annexation should take place and felt it was important that no, in essence, implied consent be given. He said we have never had any implied obligations on the other side of Washington Street, and he felt staff should make sure people do not assume automatically that the Council has any feelings one way or the other about this. Councilman Spiegel moved to, by Minute Motion, authorize staff to attend the meeting and respond on behalf of the City of Palm Desert. Motion was seconded by Kelly and carried by unanimous vote. D. RE•U ST FOR APPROVAL OF IMPLEMENTATION AGREEMENT TO FORM A ROADS AND BRIDGES BENEFIT DISTRICT (Contract No. C09790). Mr. Erwin stated that New Business Items D, E, and F and Old Business Item C all went together. He reviewed the staff report relative to the implementation agreement to form the Roads and Bridges Benefit District. He noted a letter received from the City of Indian Wells indicating they had decided to opt out of this particular process and to otherwise pay its fair share in cash or something else that is acceptable. He said the agreement in front of the 10 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Council for this particular item was to form the District. It indicated the District would be formed as one or three districts. If formed as one, there would be three benefit areas because the Roads and Bridges District covers the interchanges at Washington Street/I-10, Cook Street/I-10, and Monterey Avenue/I-10. The implementation agreement was basically to start the mechanism to have the City of Palm Desert, the County of Riverside, the City of Rancho Mirage, and the City of La Quinta approve so we can move this forward as quickly as possible. It would also allow us to change the number of agencies that may be involved in it from five to four or three or however many it takes as long as there is adequate consideration and compensation for that other entity's share as previously determined in the County reports. In addition, the agreement contains as an attachment the ordinance that staff is asking approval in principle as the next item. The ordinance in effect puts the Board in place, sets the hearing process for the notification and determination of the fees that would be entailed in that process. As set up, the implementation agreement allowed for determination of the lead agency and provides that the State and Local Partnership would be expected to provide reimbursement of 25 % of the amount from CVAG, with the Roads and Bridges Benefit District providing 25 %, and the other 50 % coming from Measure A and TUMF fees. With regard to the reimbursement agreements (New Business Item F) he said there were three agreements implementing the implementation agreements providing reimbursement to CVAG for the 100% advance that CVAG would be doing. These agreements assume that the District will be in place and that there will be funds coming back from the State with regard to their contribution. There was an additional agreement to be approved in principle only that would in effect allow Palm Desert to move forward with the project itself. This would be in the event the District is stalled for some reason. He noted that it would potentially commit the City for those funds. He said it allowed substitute to be put in place, that being the Roads and Bridges Benefit District contribution from the State of California to reimburse CVAG. That particular agreement dealt with Cook Street only. Upon question by Councilman Spiegel, Mr. Erwin stated that Indian Wells had sent to the City a letter indicating they had decided they did not want to participate in the Roads and Bridges Benefit District and they believed their share to be a certain dollar figure or percentage which they would contribute to the acquisition and construction costs. He said the implementation agreement was written and a great deal of time was spent in providing a mechanism that any of the entities could withdraw if they wished so long as they had complied with and provided their commitment on their proportionate part of the expense. Mayor Crites asked . what would happen if at the end of this, by either protest or Council action, the District is not formed. Mr. Altman responded that the only ones who will pay on this are undeveloped properties as they develop. If it does not happen, the City can commit a portion of its Measure A funds which would satisfy the requirement. Mayor Crites expressed concern that this would leave the City's General Fund on the hook as far as paying for this, and Mr. Altman responded that there was no way the General Fund would come into play. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin stated that one of the agreements, one that he had not had an opportunity to discuss with the City Manager, that allows us to move forward with all of this other as an alternative, they have put into that agreement a commitment that those funds will come from the City's general fund. He said that was the last agreement to be signed and only in the event of an emergency. Mr. Altman said he would propose that we substitute in there what he had just described. Mayor Crites asked whether there were any down sides to the City doing this. Mr. Erwin responded that if the District is not formed, the City decides to move forward anyway, and we don't get any money back from the State, there is a potential exposure of one-half of the cost. That would assume this last agreement that he was talking about putting into place is, in effect, ever signed. He said we would hopefully never get to that point and that it was a last resort, but in a worst case scenario, there could be a hit on the General Fund. Upon question by Mayor Crites relative to how much that would potentially be, Mr. Erwin responded that it would could be $12 million. Councilman Kelly stated his opinion is that we should be building it anyway, the same as we should have built a bridge over Portola, and the same as we should build a bridge over Monterey. He added that he felt this was the best way to proceed. Councilman Spiegel asked how soon the City could find out if the State will pay its fair share. Mr. Erwin responded that it should be in a relatively short period of time since the City is the lead agency. Councilman Kelly added that the State had already committed to Cook Street. Mr. Erwin stated that he felt the best course was to move forward on the implementation agreement and all of these agreements other than the last one that he had talked about and just hold that one. He said that last agreement was the one that would impact the General Fund, and we may never need it. He noted that this was listed on the Agenda as Item F under New Business, and he said he would recommend deferring action on that item. With regard to the agreement that would impact the General Fund, Councilman Kelly asked whether it could be written in such a way that Redevelopment Funds would be impacted instead of the General Fund. Mr. Erwin responded that he assumed this could be done. Mr. Altman stated that the worst thing that could happen is that we would want to form the District, and the County would not want to do so, and the City would have to pay the entire cost. He felt the City should go with trying to form the District; if that fails, then the whole subject should be revisited. Councilman Kelly moved to, by Minute Motion: 1) Approve in principal the agreement attached to the staff report for the Roads and Bridges Benefit District for the three interchanges consisting of Monterey Avenue and I-10, Cook Street and I-10, and Washington Street and I-10; 2) authorize the Mayor to enter into the subject agreement. Motion was seconded by Spiegel and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REOUEST FOR CONSIDERATION OF ROADS AND BRIDGES BENEFIT DISTRICT. See discussion under New Business Item D above. Councilman Kelly moved to, by Minute Motion, ratify and approve in principle Ordinance No. 95- 1, an ordinance of the Roads and Bridges Benefit District Board of the Coachella Valley Association of Governments. Motion was seconded by Spiegel and carried by unanimous vote. F. REOUEST FOR APPROVAL OF INTERCHANGE REIMBURSEMENT AGREEMENTS: MONTEREY AVENUE AT INTERSTATE 10 (CONTRACT NO. C09800); COOK STREET AND INTERSTATE 10 (CONTRACT NO. C09810); WASHINGTON STREET AND INTERSTATE 10 (CONTRACT NO. C09820). Councilman Kelly moved to, by Minute Motion: 1) Authorize the Mayor to enter into the subject agreements for the three interchanges; 2) hold the alternative agreement. Motion was seconded by Spiegel and carried by unanimous vote. G. CONSIDERATION OF REOIJEST FROM KEN-MOR ENTERPRISES FOR REIMBURSEMENT — MEDIAN ISLAND CONSTRUCTION ON FRED WARING DRIVE (TRACT 25304). Mr. Folkers reviewed the staff report, noting that a cash deposit was made by Mr. Morton Baruh and his associates in April, 1990, in lieu of median island construction on Fred Waring Drive. He said at this point in time a median had not been constructed; however, staff felt in this situation the return of the money would not be in the City's best interests. Councilman Kelly asked if this was the same development that had assessment district problems and what the status was of that situation. Mr. Folkers responded that this was the same tract and that those assessment district problems had all been resolved. Mayor Crites asked whether it was still the City's intention to build a median and what the time frame would be for that. Mr. Folkers responded that it was the City's intent to build a median but that there was no time frame at this time. He said the problem was that the development between Deep Canyon and Phyllis Jackson on the north side had not been widened. He said staff would be going with a different plan to provide dual turns into the High School; because of all of this being an interim measure, he said it did not make sense to put in a median now and then modify it again. MR. MORTON BARUH, 73-489 Mariposa Drive, said he and his wife were the sole owners of Ken-Mor Enterprises, the developer of Waring Court. He noted that Mr. Ken Stendell was formerly a stock holder in Ken-Mor Enterprises and had since sold his shares to the Baruh's. He noted that as part of the approval of Waring Court, the City required Ken-Mor to deposit the sum of $13,300 to be used to construct a median island on Fred Waring Drive. On April 12, 1990, Ken-Mor complied and issued a check payable to the City in that amount. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He said they were informed by Mr. Stendell, who deposited the check with the City, that since the south side of Fred Waring lay within the City of Indian Wells, the median would probably never be built. He said it was understood by Ken-Mor that if construction did not take place within a five-year period, the deposit would be returned. He noted that the receipt stated that the deposit was refundable and that the date to be refunded was April 12, 1995. He said the Public Works Department had turned down the request for a refund based on the fact that the City Council must decide whether to proceed with the island installation before the deposit can be returned. He questioned why the date the funds were to be returned was so clearly spelled out on the deposit receipt if the deposit was only refundable upon the decision of the City Council not to proceed with the subject installation. He added that the City of Indian Wells had not required the developer of the property now being developed directly across Fred Waring from Waring Court to pay for the other half of the median, and he asked who would pay for that. He asked that the Council vote to not proceed with the island installation so that these funds could be returned to Ken-Mor Enterprises. Upon question by Councilman Spiegel relative to whether the City of Indian Wells planned to put in a median. Senior Engineer Joe Gaugush stated that in recent discussions with representatives of the City of Indian Wells Public Works Department, the question was asked as to whether or not they had conditioned that residential development to construct or fund the construction of a median island adjacent to that property. The response to that question was that they had not conditioned that developer to install or fund the island. He said he did not know whether the City of Indian Wells planned to install a median. MR. KEN STENDELL, 72-847 Skyward Way, stated that he had gone to the City of Indian Wells and obtained a copy of the conditions of approval for the residential development across Fred Waring Drive from Waring Court, and there was no condition for a median. He discussed this issue with the City of Indian Wells Public Works staff who indicated there was no intention to install a median. They told him the reason was that from a report from CVAG, the level of servicability of Fred Waring from Cook Street west has a rating of a "D" to an "F", and as far as the City of Indian Wells was conerned, it had too many problems presently, and they did not intend to look at putting in any island improvements on Fred Waring Drive from Cook Street west. Upon question by Councilman Spiegel, Mayor Crites noted that the deposit was refundable if a decision is made by the Council not to proceed with the island installation. As stated on the deposit receipt, that is a condition to be met before refunding the deposit, and the Council has not yet made that decision. He said in his opinion there was nothing to indicate that the money would be automatically refunded at the end of five years. Mayor Crites said he felt there was a need to meet with not only Indian Wells staff but also the elected officials and CVAG representatives to make a decision relative to proceeding with the island installation. 14 11IIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Kelly, Mr. Folkers responded that the Master Plan for Fred Waring Drive had it as a six -lane divided road through that area with a median. Councilman Spiegel moved to, by Minute Motion: 1) Direct staff to come back with a report and recommendation at the meeting of May 11, 1995, after discussing this matter with the City of Indian Wells. Motion was seconded by Kelly and carried by unanimous vote. With Council concurrence, the City Attorney was directed to come back at that same meeting with an opinion with respect to whether there are time limits on these particular fees. H. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Altman noted the report in the packets relative to cable complaints received for the period from March 14 through April 4, 1995. 2. Electric Rate Deregulation. Mr. Altman noted the report in the packets from Administrative Assistant Ray Janes. Mayor Crites stated that a representative from the Imperial Irrigation District was present at the Energy and Environment Committee meeting earlier that day and noted that there is a third alternative. He said there was one alternative being advanced by Southern California Edison and others, another being advanced by Pacific Gas and Electric, and a third that is not ready for presentation but will be ready for presentation in about a month or so. 3. Update of SpringFest '95. Mr. Altman noted the report in the packets. 4. Cook Street and I-10 Interchange Update. No further report was presented. 5. Annual Water Quality Report - Palm Desert Water & Services District. Mr. Folkers noted that there was an informational report in the packets and offered to answer any questions. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6. National League of Cities 1995 Action Agenda and Request. Mayor Crites distributed copies of an article from the Wall Street Journal relative to the Endangered Species Act and the requirement that anything that changes the value of property by potential of 20% be considered a taking. He said the effect of that would be that, for example, any changes in density, any removal of pieces of property for public improvements, roads and bridges, flood control, etc. or anything else that might have any impact would constitute a taking under the Federal Government, and the City's ability to make land use decisions undergoes potentially radical change. He asked that the City Attorney provide an opinion on this so that he can discuss this matter with Congressman Bono during the April 17th reception at Palm Desert City Hall. NOTE: THE FOLLOWING WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE CITY COUNCIL MEETING. I. CONSIDERATION OF A REOUEST FROM THE HOLOCAUST MEMORIAL COMMi i FOR PAYMENT OF $2,500 FOR INSTALLATION OF A SIDEWALK AT THE MEMORIAL. Mr. Altman noted the report in the packets and staffs recommendation for approval. Councilman Spiegel moved to, by Minute Motion, appropriate $2,500 for reimbursement to the Holocaust Memorial Committee for installation of a sidewalk at the memorial. Motion was seconded by Kelly and carried by unanimous vote. XI. CONTINUED BUSINESS A. REOUEST FOR CONSIDERATION OF LAS SOMBRAS CENTER/DESERT CROSSING COMMON ACCESS -- FRED WARING DRIVE (Continued from the Meeting of March 23, 1995). Mr. Folkers reviewed the staff report, noting that the concern was with access points between the two centers. He said the current median construction did not allow for someone to get from one center to the other. One option was to relocate the driveway a bit further to the west and open it up. Staff had no problem with that but did not feel it was an appropriate cost for the City. He offered to answer any questions. Councilman Kelly said he did not like any of the options that would take the people back out onto Highway 111 to get from one center to the other other, and he felt staff should find a way that they can go from one to the other without having to go out onto Highway 111. Mr. Folkers said there was a solution, but the question was who would pay for it. Mayor Crites asked if it was staffs opinion that the City would pay for the part on the public street, 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and it would be the responsiblity of the property owner to redo the driveway connections on their property. Mr. Folkers responded that it was his recollection that the City would be willing to take care of the part in the middle, and it would be the property owner's responsibility for the new driveway and all of the parking lot modifications. Mayor Crites asked whether this was agreeable to the property owner. MR. DON BALLARD, 44-832 San Luis Rey, stated that the only part he would also like the City to pay for was the moving of his driveway down. He said he felt this driveway had been there for twelve years and had not been a problem. When the development across the street was built, whoever designed it just built their driveway corning out of their side just about 50 feet off of meeting the Las Sombras driveway. If it had been designed to come straight across, there would not be this problem being dealt with now. He felt he should not have to pay the cost of moving his driveway. Upon question by Crites, Mr. Folkers responded that based on traffic projections, there was not the option of having a driveway directly across from the Las Sombras Center; in fact, staff was not happy with it being as close as it is and was trying to get it further to the west. Mr. Ballard said he guessed this was alright. He said he knew the total cost was $10,000 to $15,000, but he did not break out what it would cost to move the driveway. He said there was also a storm drain to be considered. Mayor Crites said this could either be held until Mr. Ballard comes back with that information or a motion could be put on the floor that the Council agrees in principle and the City will pay for the part in the middle if the property owner decides to pay for the other part. Mr. Ballard said he felt the solution was good. Councilman Kelly moved to, by Minute Motion, authorize staff to go ahead with these modifications with the City paying for that portion in the center of Fred Waring Drive and the property owner paying for the relocation of the driveway on their property. Motion was seconded by Spiegel and carried by unanimous vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF PROPOSED FEMA FLOOD ZONE REMAPPING. Mr. Altman noted the report in the packets. Councilman Kelly moved to, by Minute Motion: 1) Authorize the expenditure of funds in the amount not to exceed $5,000.00 in support of the appeal to the proposed flood zone remapping; 2) authorize the appropriation of $5,000.00 from the unobligated General Fund reserves to Account No. 110-4300-413- 3010. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR RATIFICATION OF SOIL PROCUREMENT: I-10 INTERSTATE AND COOK STREET INTERCHANGE, PROJECT #658-95; AND MONTEREY AVENUE BRIDGE AT THE WHITEWATER STORM DRAIN CHANNEL, PROJECT #696-95. Mr. Altman noted the report and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion, ratify the procurement of 410,000 cubic yards from the Koll Real Estate Company project in Rancho Mirage for use in three major area transportation projects. Motion was seconded by Kelly and carried by unanimous vote. C. REOUEST FOR APPROVAL OF CONSTRUCTION AGREEMENT WITH CALTRANS DISTRICT 08 - COOK STREET AND I-10 INTERCHANGE (Contract No. C09690). Mr. Erwin recommended that Council approve this cooperative agreement. Councilman Spiegel moved to, by Minute Motion, approve Contract No. C09690 with Caltrans District 08 for the construction of the Interchange at Cook Street and Interstate 10 and authorize the Mayor to execute the Agreement. Motion was seconded by Kelly and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Letter from Riverside County Economic Development Agency Requesting City Support of Assembly Bill 243 Relative to California's Enterprise Zones. Mr. Altman noted the letter from the Riverside County Economic Development Agency requesting that the City support the continuation of the Enterprise Zone. Councilman Kelly moved to, by Minute Motion, support Assembly Bill243 relative to California's Enterprise Zones. Motion was seconded by Spiegel and carried by unanimous vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Request for Approval of City's Participation with the United States Post Office and Southern California Edison Company in the Project Care Program. Ms. Constande reviewed the staff report, noting that this program would be integrated into the City's Gatekeeper Program. MS. CHRISTINA GARANT, Regional Customer Advocates, Community Outreach Division, addressed the Council and gave a brief history of the program. She offered to answer any questions. Councilman Spiegel asked whether the Joslyn Senior Center was involved. Ms. Garant responded that she had just attended a meeting and been given the contact for the Senior Center. Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-26 approving the City's participation with the United States Post Office and Southern California Edison in the Project Care Program. Motion was seconded by Kelly and carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time to discuss the following items plus Item C-1 from the Consent Calendarz: Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9(a): 1) Names of Parties: City of Orange and Others v. Alabama Treasury Advisory Program and Others Case or Claim Numbers: Superior Court for the County of San Francisco, Case No. 956982 (OCM) 2) Names of Parties: Palm Desert Redevelopment Agency v. Peter D. Solomon, City of Palm Desert, Orange Coast Title Company, Country Club Care Center, Neufeld Investments, Ltd. Case or Claim Numbers: Riverside County Superior Court Case No. Indio 80122 3) Names of Parties: John Hallock v. State of California, City of Palm Desert, et al Case or Claim Numbers: Riverside County Superior Court, Indio Division, Case No. 72949 Conference with Legal Counsel - Anticipated Litigation pursuant to Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 2 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Initiation of litigation pursuant to subdivision (c): Number of potential cases: Mr. Erwin also asked that the Council add an item under Section 54956.9(a), Palm Desert Parking Authority vs. Geiberson, Superior Court of Riverside County, Indio, Case No. 68362. Councilman Spiegel moved to add this item to the Closed Session. Motion was seconded by Kelly and carried by unanimous vote. C. CITY CLERK Mrs. Gilligan reminded the Council that its meeting of April 27th would include the awards ceremony for the Student Art & Essay Contest. She added that the dinner would be at 6:00 p.m. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports;, None XIV. ORAL COMMUNICATIONS - B None With Council concurrence, Mayor Crites recessed the meeting at 6:00 p.m. to Closed Session. He 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 With Council concurrence, Mayor Crites suspended the Agenda at this point to consider Public Hearing "B". Please see that portion of the Minutes for Council discussion and action. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TO FILL THE VACANCY CREATED BY THE RESIGNATION OF DON HEDLUND (Continued from the Meetings of February 9, February 23, and March 23, 1995). Mayor Crites stated that there were five individuals to be considered for appointment, and he suggested that between now and the next meeting the Council interview those individuals not known by the Council. Councilman Spiegel noted that there were actually vacancies on this committee, one to replace Don Hedlund and the other to replace Ed Mullins. He said the Economic Development Executive Committee met and recommended appointment of Charles Tatum, owner and operator of four small stores in Palm Desert, and Dr. Lyons who lives part of the year in the City of Palm Desert. Councilman Spiegel moved to, by Minute Motion, accept the recommendations of the Economic Development Executive Committee. Mayor Crites stated that one of the recommendations was for a person who he and Councilman Kelly felt had no connection to the City of Palm Desert. Everything on his resume was from Pennsylvania or Ohio, and there was no evidence of any commitment to this community. The motion died for lack of a second. Councilman Kelly moved to, by Minute Motion, direct that the Council interview the potential members as stated by Mayor Crites. Motion was seconded by Crites. Mrs. Gilligan noted that the City had not received a formal resignation from Mr. Mullins. Councilman Spiegel responded that he had given his verbal resignation to the Committee. Mayor Crites added that a formal written resignation would be obtained from Mr. Mullins. Mayor Crites called for the vote. Motion carried by unanimous vote of the Council. XVIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF VARIOUS ACTIONS WITH REGARD TO ASSESSMENT DISTRICT 94-3 (MERANO). Mr. Diaz reviewed the staff report, noting that this was the assessment district for the development at the corner of Monterey Avenue and Country Club Drive. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. LARRY COVINGTON, KWC Engineers, stated that the Monterey Avenue/Country Club Drive intersection was the first of the actual assessment work to be completed. He offered to answer any questions. Mayor Crites declared the public hearing open and asked the City Clerk for proof of mailing of the notice of hearing. Mrs. Gilligan stated that the notice was mailed on February 22, 1995, postage prepaid, and it was mailed to all persons owning real property proposed to be assessed in Assessment District 94-3. Upon question by Mayor Crites relative to written protests or objections, Mrs. Gilligan responded that none had been received. Mayor Crites invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed and stated that there were not objections by a majority of owners in the area. Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-27 confirming assessment and ordering acquisition and construction of improvements. Motion was seconded by Kelly and carried by unanimous vote. Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-28 determining amount of unpaid assessments. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A 6,000 SQUARE FOOT RESTAURANT WITH 1,350 SQUARE FOOT OUTDOOR DINING PATIO AND FULL LIQUOR LICENSE WITHIN AN EXISTING COMMERCIAL BUILDING, AND DEVELOPMENT OF A PARKING LOT LOCATED AT THE NORTHEAST CORNER OF EL PASEO AND HIGHWAY 74, Case No. 95-2 (Churchill Management, Applicant). Mayor Crites stated that the applicant had requested a continuance of this matter. He said the appellant was unable to attend the next meeting, and he asked if the Council would consider continuing this matter to the meeting of May 11, 1995. Councilman Spiegel moved to continue this matter to the meeting of May 11, 1995. Motion was seconded by Kelly and carried by unanimous vote. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 13, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Mayor Crites noted that a letter had been received from the Palm Desert Resorter Association, and he distributed copies to the Council. He asked that this matter and Mr. Folkers' response be placed on a future agenda for discussion. With Council concurrence, Mayor Crites adjourned the meeting at 8:00 to Closed Session to continue discussions as outlined under City Attorney Reports and Remarks. He reconvened the meeting at 9:15 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. OICIAGAN, CP!' CLERK CITY OF PALM DESER1ALIFORNIA zz.-c BUFORD CRITES, MAYOR 23