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HomeMy WebLinkAbout1995-02-09MINUTES REGULAR PALM DESERT CITY COUNCIL Mr.x.awiTG THURSDAY, FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * *•* * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tem Walter H. Snyder Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk Carlos L. Ortega, RDA Executive Director Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Pat Conlon, Director of Building and Safety Paul Gibson, Director of Finance Dave Millheim, Director of Human Resources Wayne Ramsey, Director of Code Compliance John Wohlmuth, Assistant to the City Manager Lisa Constande, Environmental Conservation Manager Larry McAllister, General Services Director Catherine Sass, Community Arts Manager Mary P. Frazier, Deputy City Clerk MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 s s********** s s* s s s s s s s**** s s* s s s* s•s s* s V. ORAL COMMUNICATIONS - A MS. BARBARA BOWIE, Riverside County Library, 200 Civic Center Mall, Indio, addressed the Council and announced that the Palm Desert Library was now open 48 hours per week (six days per week, eight hours per day). She also asked that the Council consider looking at how the community would feel about having the library open on Sunday afternoons. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 26, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TRBASURY - Warrant Nos. 31 and 32. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ira Lynn Ridgway and Joy Martin Ridgway for Broadway Joy's, 42-305 Washington Street, Suite E, Palm Desert, California. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mera Boonsong and Priddy Yim for Thai Smile III, 73-460 Highway 111, Palm Desert, California. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. E. BEOUEST FOR APPROVAL of Audited Financial Reports for Fiscal Year Ending June 30, 1994, and Audit Services for Fiscal Year Ending June 30, 1995, and June 30, 1996, with Diehl, Evans & Company in Joint Venture with Oscar Armijo, CPA for the City of Palm Desert (Contract No. C06282). Rec: 1) Receive and file the audited Financial Statements for the City of Palm Desert for fiscal year ending June 30, 1994; 2) by Minute Motion, extend the contract for audit services for fiscal years ending June 30, 1995, and June 30, 1996, with Diehl, Evans and Company in joint venture with Oscar Armijo, CPA based on Finance Committee's recommendation. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REQUEST FOR APPROVAL of Audited Financial Statements for the City of Palm Desert Transportation Funds for Fiscal Years Ended June 30, 1994, and June 30, 1993.. Rec: Receive and file the audited Financial Statements for the City of Palm Desert Transportation Funds for fiscal years. ended June 30, 1994, and June 30, 1993. G. MINUTES of Sister Cities Committee Meeting of December 12, 1995. Rec: Receive and file. H. REOUEST FOR APPROVAL of Change Order to Contract No. C09050 for the 1995 Community Calendar. Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C09050 for the 1995 Community Calendar in the amount of $400.00. I. REOUEST FOR APPROVAL of Telecommunications Management Corporation Contract to Conduct an Audit of Colony Cablevision's Recent Rate Increase (Contract No. C09530). Rec: By Minute Motion, authorize the Mayor to execute an agreement with Telecommunications Management Corporation (TMC) in an amount not to exceed $7,000 to Conduct an Audit of Colony Cablevision's Recent Rate Increase; said funds available in account #110-4121-411-3015. J. REOUEST FOR APPROVAL of Out -of -State Travel for the Community Arts Manager to Inspect the Holocaust Memorial Prior to Final Casting. Rec: By Minute Motion, approve out -of -State travel to Loveland, Colorado, for the Community Arts Manager to inspect the point up of the Holocaust Memorial prior to the casting. K. REQUEST FOR AUTHORIZATION to Advertise and Ca1I for Bids for Construction of the Civic Center Trash Bin Enclosure Near the Ballfields (Contract No. C09540). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the construction of the Civic Center trash bin enclosure. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. REQUEST FOR AUTHORIZATION to Advertise and Solicit Bids for Underground Utility Lines for the Cook Street Extension from Frank Sinatra to the I-10 Interchange (Contract No. C09550J. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the construction of the underground utility lines in the extension of Cook Street from Frank Sinatra to the proposed intersection with the extended Gerald Ford Drive, Contract No. C09550. M. REOUFST FOR AUTHORIZATION to Advertise and Solicit Bids for Partial Interchange Ramp for the Cook Street Extension from Frank Sinatra to the I-10 Interchange (Contract No. C09560). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the hauling of soil from the Whitewater Storm Drain Channel and construction of the extension of Cook Street partial interchange ramp from the proposed Cook Street termination north of the proposed Gerald Ford Drive intersection to approximately 300 feet south of the Southern Pacific Railroad right-of-way. N. REQUEST FOR APPROVAL of Refund of Overpayment of Transient Occupancy Taxes for Calendar Year 1993 (Fiscal Year 1993/94) to Marriott Desert Springs Resort and Spa. Rec: By Minute Motion, approve the refund of Transient Occupancy Taxes for Calendar Year 1993 (Fiscal Year 1993/94) to Marriott Desert Springs Resort and Spa in the amount of $2,044.00. O. CONSIDERATION OF REOUEST for City Support of $1.8 Million Land and Water Conservation Fund Appropriation to Protect the Santa Rosa Mountains National Scenic Area. Rec: By Minute Motion, direct the Mayor to send a letter in support of this appropriation. P. CONSIDERATION OF REQUEST FOR APPROVAL of Fireworks Display for the Target Stores Grand Opening. Rec: By Minute Motion, approve the request by The Robbins Group for a fireworks display for the grand opening of Target March 11, 1995. Councilman Spiegel asked that Item A be removed for separate discussion under Consent Items Held Over of the Agenda. Upon motion by Snyder, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 s * * * * * * * * * * * * * * * * *.* * * * * * * * * * * * * s * * * * * s VII. RESOLUTIONS A. RESOLUTION NO. 95-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, -CALIFORNIA, GRANTING MR. CRAIG STULL AN INDUSTRIAL DISABILITY RETIREMENT AS PROVIDED BY SECTIONS 21025 AND 21022.1 OF THE GOVERNMENT CODE. Mr. Altman noted the report in the packets and offered to answer any questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-3. Motion was seconded by Kelly and carried by unanimous vote. VII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 770 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88 OF THE PALM DESERT MUNICIPAL CODE REGARDING THE OPERATION OF ADULT ENTERTAINMENT ESTABLISHMENTS. Mr. Altman noted that no changes had been made to this ordinance since its introduction. Councilman Kelly moved to waive further reading and adopt Ordinance No. 7�7 . Motion was seconded by Spiegel and carried by unanimous vote. B. ORDINANCE NO. 771 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.24.010 DELETING THE WORDING "NOT INCLUDING HIGHWAYS", SECTION 10.24.090 ADDING PARAGRAPH TO LAST PARAGRAPH OF SECTION, AND INCORPORATING SECTIONS, AS PROPOSED IN THE COUNTY OF RIVERSIDE ABANDONED VEHICLE ABATEMENT PLAN, ADDING SECTION 10.24.160 ACT OF ABANDONMENT - MISDEMEANOR, SECTION 10.24.170 REFUSAL TO ABATE - MISDEMEANOR, AND SECTION 10.24.180 CONSTITUTIONALITY, OF CHAPTER 10.24 OF TITLE 10 OF THE PALM DESERT MUNICIPAL CODE RELATING TO ABANDONED VEHICLES. Mr. Altman stated that no changes had been made to this ordinance since it was introduced, and he recommended adoption. 5 MINUTES .�:. . REGULAR PALM DESERT CITY COUNCIL Mr.ta.irolG FEBRUARY 9, 1995 * * * * * * * * * * * * * *.* * * *.* * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to waive further reading and adopt Ordinance No. Z71. Motion was seconded by Benson and carried by unanimous vote. C. 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). Mr. Altman noted that no changes had been made to this ordinance since its introduction. Councilman Kelly moved to waive further reading and adopt Ordinance No. ?Z'2. Motion was seconded by Spiegel. Mayor Crites noted the letter that had been received just that afternoon from Rosemary Beam opposed to this ordinance. MR. DAVID FLETCHER, 73-061 El Paseo, #205, stated he had spoken with a number of his tenants, and they expressed concerns consistent with what was in the letter from Rosemary Beam. He said part of the charm of El Paseo was the unique differences between the shops, and he felt that to have 100 of the same "open" signs along El Paseo would detract from that charm. He said the tenants felt it was important for the "open" signs to include logos and tie in with the store fronts. Upon question by Councilman Spiegel relative to whether or not this matter has gone before the El Paseo Merchants' Association, Mayor Crites responded that the Merchants' Association . had come to the City with this recommendation. He asked Mr. Fletcher if he had discussed his concerns with the Association. Mr. Fletcher responded that he had left three messages for President Sonia Campbell since Tuesday when he was made aware of this. He said he did not feel the person speaking on this at the last Council meeting was representing the majority of tenants on El Paseo. Mr. Diaz suggested that Council approve second reading of the sign ordinance but hold the "open" sign portion of the ordinance which applies directly to El Paseo. Mr. Erwin expressed concern with splitting one ordinance into two, and he suggested that the entire ordinance be held until the next meeting. Councilman Kelly withdrew his previous motion and moved to continue this matter to the meeting of February 23, 1995. Councilman Spiegel agreed and seconded the motion. Councilmember Benson stated that the reason the Sign Committee recommended black on white signs was to give the street uniformity. She said she felt if this ordinance was going to be postponed, other issues should also be looked at, such as size, color, logos, etc. 6 REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * rt * * * Mr. Diaz stated that regardless of the colors, the word "open" would be predominant, and the City would have some control over the logos, etc. He said predominant meant at least 51 % of the area. He added that staff would have that to the Council in several weeks as an alternative. Councilman Spiegel asked if the El Paseo Merchants' Association could also meet to consider this prior to the next meeting. Mr. Fletcher responded that he would be able to get other letters to the Council between now and the next meeting and would also meet with the El Paseo Merchants' Association Board. Mr. Diaz noted that the Board had just met earlier that day, and he suggested that Council continue this matter for one month to allow time for the Board to meet again. Councilman Kelly amended his motion to continue this matter to the meeting of March 9, 1995. Motion was seconded by Spiegel and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of January 26, 1995. Rec: Approve as presented. Councilman Spiegel stated he wished to abstain from voting on this matter since he was not at the meeting of January 26, 1995. Councilman Kelly move to approve the Minutes of the January 26, 1995, meeting as presented. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Spiegel ABSTAINING. X. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF INVITATION FROM AND PROCLAMATION FOR PALM DESERT HIGH SCHOOL 24 HOUR RELAY CHALLENGE. Mr. McAllister noted the staff report in the packets outlining the request by Palm Desert High School for the 24 Hour Relay Challenge. MS. MARILYN ENGEL AND MS. NANCY KURTEK addressed Council and stated that last year's event netted a little over $17,000 which went directly to the student programs at the High School, and this year's event would probably raise twice that amount. They invited the Council to join them on March 1 lth, with opening ceremonies kicking off at 9:00 a.m. They asked Mayor Crites to both proclaim March 1 lth as "24 Hour Relay Challenge Day" in the City and to shoot the gun at the opening ceremonies. They also asked that the City send a team to participate in the event. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion: 1) Direct that the Mayor proclaim March 11, 1995, as "24-Hour Relay Challenge Day; 2) accept the invitation for the Mayor and Councilmembers to participate in the Relay Opening Ceremonies; 3) approve an expenditure of $500 for the City team if needed. Motion was seconded by Kelly and carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF AMENDMENT TO THE RIVERSIDE COUNTY ANIMAL CONTROL ORDINANCE NO. 630. Mr. Altman noted the memorandum in the packets. Councilmember Benson moved to, by Minute Motion, direct staff to take no action with regard to the requested amendment at this time. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Crites noted that staff had been directed to include in this year's budget discussions alternatives to who does the City's animal control services. Mr. Altman agreed and said this would be included. C. REQUEST FOR APPROVAL OF AN UPGRADE TO THE CIVIC CENTER CHIME SYSTEM. Upon question by Councilmembers Benson and Spiegel, Mr. Diaz responded that there had not been any complaints from neighbors relative to the Civic Center chimes. Councilman Kelly noted that his voting button did not always work, and he suggested that staff also look at doing some other minor repairs as needed. Councilman Snyder moved to, by Minute Motion: 1) Appropriate $4,300 from unobligated reserves for the upgrade and acquisition of compact discs for the carillon player; 2) authorize the execution of an agreement with Maas -Rowe Carillons, Inc. for the upgrade (Contract No. C09570); 2) include other minor repairs as needed in the Council Chamber (i.e., voting buttons). Motion was seconded by Crites and carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF VARIOUS ACTIONS WITH REGARD TO ASSESSMENT DISTRICT NO. 94-3 (MERANO). Mr. Diaz reviewed the staff report, noting that this would set the matter for public hearing in April. He also stated that this was for the development at the northeast corner of Country Club Drive and Monterey Avenue. Councilman Kelly asked whether this was the type of assessment district that would have to come back to the Council annually for approval. The engineer for the project responded that with this assessment district, Council would authorize the selling of bonds, and assessments would be made on the individual properties. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * • * * * * * * * * * * * Councilmember Benson asked whether there was something to assure that this assessment district is shown in the CC&R's. The engineer responded that this assessment district would be a disclosure item on the properties. With regard to the intersection improvements, he said the developer would either pay for the completion of the intersection out of his own funds or from the reserve that is kept in case the developer will not have the funds at that time to do the intersection. Upon further question by Councilmember Benson, the engineer responded that the infrastructure of that corner would include the part that is not developed also. Councilman Spiegel asked whether the people who buy these units will have added to their real estate taxes the amount for 25 years at about $500 per unit, and the engineer responded that the assessment will appear as an item on their tax bills. He added that those funds would then come back to the City to pay off the bonds. Upon question by Councilman Spiegel relative to what would happen if the units were not sold, the engineer responded that the developer would pay for them. He added that the assessment would be placed on each parcel of land, and it is the responsibility of the developer to pay for those parcels that do not sell. Councilman Snyder moved to: 1) Waive further reading and adopt Resolution No. 95-4 appointing Superintendent of Streets; 2) waive further reading and adopt Resolution No. 95-5 designating newspaper for publication of notice; 3) waive further reading and adopt Resolution No. 95-6 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; 4) waive further reading and adopt Resolution No. 95-8 adopting map describing proposed boundaries of assessment district and ordering filing of map; and 5) waive further reading and adopt Resolution No. 95-9 approving assessment engineer's report and appoint time and place for hearing protests to the proposed acquisition and construction of public improvements. Motion was seconded by Benson and carried by unanimous vote. E. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Altman noted the report in the packets relative to complaints received for the period January 18 - 31, 1995. He said he, Ray Janes, and John Wohlmuth had met with representatives of the company proposing to take over Colony, and a report would be before the Council at its next meeting. 2. Survey on Televising Council Meetings. It was the consensus of the Council to receive and file staffs report. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * « * * * * * * * * * * * 3. World Series Tournament. Mr. Altman noted the report in the packets relative to the Softball World Series Tournament for Palm Desert. Mr. Folkers reviewed the report, noting that the only problem would be a delay in the overseeding of the baseball fields. He said staff felt this was something that would be beneficial for the City. Upon question by Councilman Spiegel, Mr. Folkers responded that this would bring players from all over the United States. Councilman Kelly stated he felt this was a fantastic thing for the City. It was the consensus of the Council that this will be a very beneficial event for the City of Palm Desert and that staff should move forward with it. XL CONTINUED BUSINESS A. BEOUEST FOR AWARD OF BID for Seven -Passenger Minivan (Continued from the Meeting of January 26, 1995). Mr. Bassler reviewed the staff report, noting a requirement in the Motor Vehicle Code that a driver of a vehicle that seats more than ten persons must have an additional endorsement to their license to operate a commercial motor vehicle. For routine staff use, the ten passenger restriction would limit the purchase to a vehicle that seats only eight, one person more than a minivan. He said their was also a significant difference in vehicle size, weight, handling, fuel economy, maneuverability, and cost associated with the one passenger capacity increase. He said staff recommended that the Council proceed with the purchase of the seven -passenger minivan specified in the January 26th staff report. Councilman Kelly stated that an eight -passenger van would not require a special license, and he asked what the rest of the Councilmembers thought about an eight -passenger van. Councilmember Benson agreed with Councilman Kelly. Councilman Snyder moved to, by Minute Motion, reject all bids received for the seven -passenger minivan and direct staff to go out to bid for an eight -passenger van. Motion was seconded by Spiegel and carried by unanimous vote. r 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR EXTENSION of Landscape Maintenance and Services for the Palm Desert Sports Facility, Contract No. " (Continued from the Meeting of January 2¢, 1995). Mr. Wohlmuth asked that this matter be continued to the meeting of February 23, 1995. Mayor Crites added that the Recreation and Parks District had bid on doing the maintenance of the grass and infield areas of all of the City's fields, and staff was reviewing that bid. Councilman Snyder moved to continue this matter to the meeting of February 23, 1995. Motion was seconded by Benson and carried by unanimous vote. C. CONSIDERATION OF A REQUEST FROM SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR SUPPORT OF A REVISION TO THE FEDERAL IMPLEMENTATION PLAN (FIP) TO REDUCE ITS POTENTIAL ADVERSE ECONOMIC IMPACTS ON CALIFORNIA (Continued from the Meeting of January 26, 1995). Ms. Constande briefly reviewed the staff report and offered to answer any questions. Councilman Snyder moved to, by Minute Motion: 1) Urge Congress and the Federal Executive Branch to amend the HP for cleaner air to significantly reduce its adverse economic impact on California; 2) strongly urge local governments, including school boards within the SCAQMD, to adopt a resolution opposing those portions of the FIP that would have unacceptable economic impacts and supporting the Board's action, and urging the EPA to approve the California State Implementation Plan (SIP) including delaying promulgation of a FIP if needed; 3) request that the EPA commit to the aggressive national regulation of those sources over which the federal government has sole jurisdiction or which area best regulated on a national level, as outlined in the California SIP. If these policies are adopted the Federal Implementation Plan (FIP) would not be required. Motion was seconded by Kelly and carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF FUTURE USE OF THE PORTOLA LIBRARY BUILDING (Continued from the Meeting of January 12, 1995). Mr. Altman noted the report in the packets from Mr. Diaz. Councilmember Benson stated that the concern was that the building stays under the control of the City, and the City would have control over what groups would use the facility. Another concern was that the building and grounds be maintained to the City's standards. She said she felt before the Council sets conditions, staff should find out who is interested in using the building, how often they would want to use it, where they are meeting now, etc. She said she had checked with the Historical Society, whose only interest at this time was for a room for storage. Councilman Spiegel asked if it would be necessary to hold a public hearing if a theater group were going to put in 100+ seats because of the parking problems, etc. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * *.* * s * * * * * * * * * * * * s * * * * Mr. Diaz stated that if Council wished to have a public hearing for the use of the building, that could be done. He said that could be another condition, that a public hearing similar to a Conditional Use Permit hearing be held prior to any finalization of any request. Ms. Sass added that the Palm Desert Community Theatre had been before Council twice, and when staff reviewed the request, the Theatre had made some arrangements with surrounding property owners, like the church, to have a reciprocal parking arrangement. Mayor Crites stated he was not sure we need to have others pay for utilities. He said if it is a community building, the City should pay for the utilities. He said this would be less expensive than taking staff time to figure out who used the facility and how much utilities they used. Councilman Snyder stated that in yesterday's newspaper there was an article announcing that the City was looking for people to come in and use the library. He said we need to decide what we really want to do with this building, whether giving it to one group alone or reserving it so other organizations can use it. With regard to utilities, Councilman Kelly stated that if the City did want to do something about that, a lot of community buildings have an hourly charge for use of the facility. The City would take care of the building, and the group would pay an hourly charge. Mr. Diaz stated that a concern of staff was that the Theatre group had indicated it would fix up the building in terms of meeting the ADA requirements, etc. When the City was going . out to get proposals from other agencies, staff wanted to make sure everyone was looking at the same thing. He asked if in those proposals we should say they would be responsible for doing all the ADA improvements. Mayor Crites stated that we need to know what groups have an interest, what they would propose to use the facility for, how often they..would want to use it, and what they would be willing to contribute. He asked that two Councilmembers volunteer to meet with Mr. Diaz to review all proposals received and come back to the Council at its second meeting in March to set a public hearing. Councilmembers Benson and Spiegel agreed to meet with Mr. Diaz. It was Council's consensus as follows: 1) Concur with the direction to be taken by staff as indicated in the report dated February 9, 1994, relative to contacting groups interested in using the facility; 2) direct staff to meet with two Council representatives, Councilmembers Benson and Spiegel, to review proposals submitted by these groups and to prepare a report and recommendation for the Council meeting of March 23, 1995. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL 111r.r.iuJG FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * s * * * * * * * * * s * * * * * *•* * * * XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF CONCERNS RAISED BY RESIDENTS ON TAVA LANE RELATIVE TO LACK OF WATER METERS. Mr. Conlon stated that the City Attorney had forwarded a report to the Council relative to this matter. He said he had met with representatives of the Desert Chapter BIA and the Desert Contractors Association relative to changes to the Uniform Plumbing Code. He said this matter would be taken to both Boards and that staff would come back with recommendations. He said both representatives had concerns about mandatory water meters at final inspection. He noted he would also be meeting with California Building Officials at its first meeting in March to talk about changing the California Plumbing Code. Mayor Crites asked that Mr. Conlon telephone Keith Carter of the Desert Sun to let him know that while he may be right in terms of spirit, the City does not legally have the right to do what he is asking in his editorial. Mr. Conlon stated he would be happy to call Mr. Carter and relay Mayor Crites comments. With Council concurrence, Mr. Conlon was directed to contact Mr. Keith Carter of the Desert Sun in response to his editorial and let him know that the City does not legally have the right to do what he is asking with regard to water meters. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of Resolution Supporting Continued Opgotions of Southern California Military Facilitie Councilmember Benson moved to add this item to the Agenda for discussion as an item which arose after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote. Mr. Altman noted the staff report and recommended support of' the resolution from the Southern California Association of Governments. Councilman Snyder moved to waive further reading and adopt Resolution No. 95-7 supporting the continued operations of the Long Beach Naval Shipyard and other Southern California Military facilities. Motion was seconded by Spiegel and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. h)formation Item Relative to Cook Street/I-10 Mr. Altman noted the report from Mr. Folkers. Mr. Erwin stated he had met with County Counsel and other representatives to discuss the implementation agreement. He said they were at a point where they had a final draft of the implementation agreement for all three overpasses as well as a final draft of the ordinance establishing the roads and bridges district and reimbursement agreements that would be separate for each overpass. Mr. Altman stated this item would appear on every Agenda until resolved. Councilman Snyder asked whether it would do any good to have members of the City Council appear at the Board of Supervisors meeting, and Mr. Erwin responded that he would express a sense of urgency at such a meeting. 3. Mr. Altman noted that this was the last official City Council meeting for Mr. David Millheim who would be leaving the City of Palm Desert to accept the position of City Manager of the City of South Jordan, Utah. He said a pot luck luncheon had been planned for him and also for Palm Desert Sheriff's Lieutenant Gayle Janes who was leaving Palm Desert to go to Indio as Captain. He added that he would be asking the Council to consider adopting a resolution at its next meeting introducing Mr. Millheim to his new City Counsel in South Jordan. B. CITY ATTORNEY Mr. Erwin noted the following items for Closed Session and asked that they be discussed at the appropriate time: Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9: Palm Desert v. Thomas, Byrne and Smith, Riverside County Superior Court, Case No. Indio 69969; Palm Desert v. Refco Capital Corp., United States District Court, Case No. CV92-7633RJK. City of Indio v. Community Redevelopment Agency of the City of Palm Desert, City of Palm Desert, et al., Riverside County Superior Court Case No. 079129. C. CITY CLERK None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action; 1. Anti -Raiding Councilmember Benson asked for a written report on how the City is doing on anti -raiding. She asked what would be going into the old Marshall's store when it moves across the street to Desert Crossing. She said she did not believe the City should allow those stores to move if we do not have something else coming in. 2. Councilmember Benson stated she kept reading articles about the sports complex. She said the developer indicated he had $1 million, and now the paper reports he has $260,000 of his own money and is out in the community looking for the rest of it. 3. Councilmember Benson stated that Mr. Ted Lennon had given her the name and address of a representative of Target Stores and that she had sent a letter to this man expressing how disappointed she was that they did not keep their word as far as the Indio store. She said they really did the City a disfavor. Council concurred. Mayor Crites said he felt it might be a good idea to send a copy of that letter to a local publication because Target needs to be publicly called out for not doing what they said they would do. Councilman Spiegel stated that as he understood it, there was a verbal agreement that they would not close the Indio store. 4. University Master Plan Advisory Commit= Mayor Crites stated that he had met with Peter Wilson today and that the agreement says there needs to be an advisory committee for the process of establishing a Cal State campus. He distributed information showing the 11- member University Master Plan Advisory Committee (attached hereto and made a part hereof as Exhibit "A"). He said he had suggested to Mr. Wilson that instead of the members being permanent until recalled there should be a term of office that individuals can then be reappointed to. He noted that two seats were from the Palm Desert community and two from the City of Palm Desert. He asked whether the composition of the Committee met with the Council's approval. He also asked that the Council give some thought to who 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * from staff and the Council should be appointed to this Committee and who from the community. Council concurred. o City Council Committee Reports: None XIV. ORAL COMMUNICATIONS - B None With Council concurrence, Mayor Crites recessed the meeting at 5:20 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 XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING .THURSDAY, FEBRUARY 9, 1995, AS "CHAD GRIFFITH ARNOLD DAY" IN THE CITY OF PALM DESERT (Continued from the Meeting of January 26, 1995). At the request of Mayor Crites and on behalf of the entire City Council, Councilmember Benson read the proclamation and presented it to Chad Griffith Arnold, commending him for his achievement as an Eagle Scout. She also presented him with a key to the City. B. APPOINTMENT TO THE FINANCE COMMi i i tt. Councilman Kelly moved to, by Minute Motion, appoint Mr. Bill Veazie to the Finance Committee. Motion was seconded by Snyder and carried by unanimous vote. C. APPOINTMENT TO THE CIVIC ARTS COMM' i i = TO FILL THE VACANCY CREATED BY THE RESIGNATION OF MARY ANN BECKHAM. Councilmember Benson noted that she and City Clerk Sheila Gilligan had interviewed several applicants that day and selected two who they felt would bring expertise to the Committee. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 1995 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s Councilmember Benson moved to, by Minute Motion, appoint the following individuals to the Civic Arts Committee: 1) Ms. Mary Jean Leimkuhler to fill the vacancy created by the resignation of Mary Ann Beckham; and 2) Mr. Colin M. Wilson to fill the vacancy created by- the resignation of Pam Bieri, both terms to expire in September, 1995. Motion was seconded by Kelly and carried by unanimous vote. D. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TO FILL THE VACANCIES CREATED BY THE RESIGNATIONS OF DON HEDLUND AND CITY REPRESENTATIVE S. ROY WI SON. Councilman Snyder moved to, by Minute Motion, appoint Councilman Spiegel to the Economic Development Advisory Committee to fill the vacancy created by the resignation of S. Roy Wilson, with the appointment to the other vacancy to be placed on the Agenda for the Council meeting of February 23, 1995. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Spiegel ABSTAINING. Mayor Crites noted that Councilman Spiegel had also volunteered to join CVAG as a member of the Public Safety Committee and had also indicated a willingness to work on the CalState Committee. Councilman Kelly asked whether the Council would be conducting interviews to fill the other vacancy on the EDAC and said he had someone he wished to recommend. Councilman Snyder suggested asking the EDAC to recommend someone. Mayor Crites responded that this would be placed on the next Agenda for appointment. He. said that between now and then members of the EDAC and Council could recommend people to be interviewed by two Councilmembers who would then bring back a recommendation to the entire Council. Councilmembers Snyder and Spiegel were selected to conduct the interviews. E. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF ROBERT SPIEGEL. Mayor Crites stated there was no action that would be taken on this matter at this meeting; however, he asked for comments from the Council relative to procedure for filling this vacancy. After discussion and with Council concurrence, no further interviews will be conducted, and this vacancy will be filled from interviews previously conducted in September, 1994, for Planning Commission and in January, 1995, for City Council. agreed. Mayor Crites asked that this matter be placed on the next Agenda for appointment. Council 17 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr-n" i u'iG FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * *. * * * * * * * * * .* * * * * * * * * * * XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting at 7:14 p.m. to 8:30 a.m. on Friday, February 17th, for the purpose of discussing budget philosophy for fiscal year 1995/96. ATTEST: /SHEILA R. Ott AN, C CLERK CITY OF PALDESER , IFORNIA 18 MINUTES REGULAR PALM DESERT CITY COUNCIL 111r e, i u iG FEBRUARY 9, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * LA.ruusi i "A" (DRAFT) University Master Plan Advisory Committee CS • 'v The University Master Plan Advisory (C ;.) has been established to provide advice and support regarding the development of California State University, San Bernardino's Coachella Valley Campus (CVC), and later an indpendent California State University (CSU) campus, on land provided by the City of Palm Desert. The Committee is appointed by the CSU Chancellor based on nominations made by appropriate officials as shown below. The Chancellor will also appoint the Chair. The Committee may establish sub -committees and request technical support from the City and the CSU as appropriate. The Committee shall serve as a local forum for discussion issues that arise during the development of CVC and campus including the development of the academic and physical master plans. Membership 2 From CSUSB 2 From CSU 2 From City of Palm Desert 2 From Palm Desert Community 2 From Coachella Valley Region I From College of the Desert Nominated By President of CSUSB Chancellor of CSU Mayor of Palm Desert Mayor of Palm Desert Supervisor of Fourth District President of COD The Committee shall serve at the pleasure of the CSU Chancellor. 19