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HomeMy WebLinkAbout1995-01-25MINUTES REGULAR PALM DESERT CITY COUNCIL METING THURSDAY, JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:10 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tem Walter H. Snyder Mayor Buford A. Crites Also Present: Bruce A. Altman, City Manager David J. Erwin, City Attorney Mary P. Frazier, Deputy City Clerk Carlos L. Ortega, RDA Executive Director 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 Catherine Sass, Community Arts Manager Phil Drell, Acting Director of Community Development III. ORAL COMMUNICATIONS - A MR. SID OLINGER, 347 Tava Lane, stated he had sent letters to the Council a little over a month ago relative to a problem with homes on his street. A/IINUTFS REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites noted that this issue had been reviewed to determine what the City could or could not do, and he had sent a letter to Mr. Olinger the day before regarding this. Mr. Olinger explained that there were six families of Mountain View Falls who had purchased homes but did not realize there were no water meters; instead, the homes were supplied by irrigation water which was not fit to bathe in, to cook with, or to drink. He felt this was the City;s responsibility since the City inspector signed off on the homes and certificates of occupancy were issued. He said now the Coachella Valley Water District was charging $4,575 for installation of water meters which he felt should have been included in the price of their homes. In addition, the Water District was threatening to turn off their water in February if they did not pay for the meters. He added that he felt the City should address this situation so it does not happen to anyone else in the future. MS. ELIZABETH HENDERSON, owner of a condo at Mountain View Falls, said she felt this was a hidden defect that the purchasers did not know about. She asked why the City inspector would not be liable to make sure all utilities are in. Mayor Crites and Mr. Conlon explained that this situation was brought to the City's attention by the Water District and that it certainly reflected on some illegal actions done by the contractor after final inspection. Mr. Conlon noted that State law says the contractor has the option of putting in the water meters before or after the City's final inspection. Upon question by Mayor Crites, Mr. Conlon responded that staff could look at amending that State law, but three criteria would have to be met. Mr. Erwin added that State laws are imposed upon the City; they are either adopted as they are or the City can modify them based upon findings by the Council relative to topographical, climatic, and geological reasons. He said an alternative, which would have to be submitted to the State agency, would be for Mr. Conlon to go through the association which puts together the Uniform Building Code and ask that they consider not having final inspections until after water meters are installed. Mayor Crites noted that the letter he had sent indicated what State law allowed the City to do and not to do as well as what the inspector had actually done. The letter also indicated that the City would make every record that deals with this available to the homeowners and would lend whatever assistance is appropriate to give to the homeowners in terms of dealing with this problem. Mr. Erwin added that there was pending one small claims action in this matter that named the City, the contractor, and the real estate company and was set for hearing on February 24th. He noted that Mr. Bassler of the Public Works Department had started through the process of getting the records available and would be at that hearing to make these records available to the court and also to show the fact that the City does not have responsibility to make sure water meters are installed. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Conlon stated he had spoken with Jim Zimmerman of the Coachella Valley Water District who indicated the District would be amenable to working out time payment schedules for the homeowners to help in this situation. Upon question by Councilmember Benson, Mr. Erwin responded that there were six or eight homes and that one had been transferred into the individual name of the contractor. Mr. Conlon added that there were ten units in that phase that the contractor built that had not yet been finalled. Upon question by Councilman Kelly, Mr. Conlon noted that the bank took back those ten and would bring in another contractor to finish them. MS. CHERYL DAVIDSON, 364 Tava Lane, asked for clarification of the certificate of occupancy. Councilman Kelly stated it meant that the home was fit to be inhabited and that it was ready to be hooked up to the utilities. Ms. Davidson stated she assumed that if the water is turned off by the Water District, the homes would no longer have a water supply and would not then be fit for occupancy. Mr. Conlon responded that the owners would have to make provision with the Water District to have meters installed. With regard to the home itself, he said it would technically no longer be fit for occupancy without a water supply. Upon question by Ms. Davidson regarding testing of the pipes, Mr. Conlon responded that the pipes can be tested with a temporary water hookup or with compressed air but that he would need to talk to the inspector to see what method was used to test the pipes in these particular homes. Mayor Crites noted that this could be placed on the next Agenda, and he asked Ms. Davidson to put together a list of questions to be submitted to him. He said he would then provide them to staff to be addressed. Council concurred. IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 12, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST TH CITY TREASURY - Warrant Nos. 28, 29, and 30. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Mona's Cafe, 73-770 El Paseo, Palm Desert. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. 3 M NU'TI:S REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. PRELIMINARY SCHEDULE OF INVESTMENTS as of December 31, 1994. Rec: Receive and file. E. REQUEST FOR REFUND OF DUPLICATE PERMIT FEES Issued in Fiscal Year 1993/94. F. Rec: By Minute Motion, refund $339.40 to James G. Sattley, Inc. for Building Permit #12338 issued March 2, 1994, in duplicate. LETTER OF RESIGNATION from Pam Bien from the Civic Arts Committee. Rec: Accept with sincere regret. G. REQUEST FOR APPROVAL of Change Order No. 1 to Toro Peak Storm Drain Phase II and III (Contract No. C07920). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $5,539.48; 2) authorize the transfer of $5,539.48 from contingency to base. H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C08470 - Curb and Gutter and Cross Gutter Repair Program. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $10,904.00; 2) authorize the transfer of $10,904.00 from contingency to base. I. SST FOR APPROVAL of Change Order No. 2 to Contract No. C08470 - Curb and Gutter and Cross Gutter Repair Program. Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $9,340.00 2) authorize the transfer of $9,340.00 from contingency to base. J. REQUEST FOR AWARD OF BID for Seven -Passenger Minivan. Rec: By Minute Motion: 1) Reject bid proposals from Fiesta Ford and Indio Chrysler Center as incomplete; 2) award purchase of one 1995 seven -passenger minivan to Person Ford in the amount of $16,860.72. K. REQUEST FOR EXTENSION of Landscape Maintenance and Services for the Palm Desert Sports Facility (Contract No. C06861). Rec: By Minute Motion, authorize a one-year extension for the landscape and maintenance services of the Palm Desert Sports Facility with Carter and Carter Landscape in the amount of $40,656.00 ($3,388.00 per month). 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. REQUEST FOR EXTENSION of Contract No. C09090 with NBS/Lowry for Subdivision Review Services. Rec: By Minute Motion, extend Contract No. C09090 an additional six months for subdivision review services. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C08800 for Haystack Road Widening Project. Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion on the Haystack Road Widening Project. N. REQUEST TOR APPROVAL of Parcel Map 27885 (Palm Springs - Beverly Road Associates, Applicant). Rec: Waive further reading and adopt Resolution No 95-2 approving Parcel Map 27885. O. REQUEST FOR RELEASE of Improvement Security for Sacred Heart Church, CUP 92-07. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the improvement security. P. REQUEST FOR APPROVAL of Term Expirations for Promotion Committee. Rec: By Minute Motion, adopt the schedule of terms of office for members of the Promotion Committee as set forth in staff memorandum dated November 16, 1994. Councilman Kelly asked that Item J be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Mayor Crites asked that Item K also be removed. Upon motion by Snyder, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote. V. RESOLUTIONS None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .* * * * VI. ORDINANCES For Introduction; None For Adoption: None VII. CONSENT ITEMS HELD OVER J. REQUEST FOR AWARD OF BID for Seven -Passenger Minivan. Rec: By Minute Motion: 1) Reject bid proposals from Fiesta Ford and Indio Chrysler Center as incomplete; 2) award purchase of one 1995 seven -passenger minivan to Person Ford in the amount of $16,860.72. Councilman Kelly asked whether the new vans the City is purchasing are bi-fuel vehicles. Mr. Folkers responded that the ones staff is purchasing are gasoline powered vehicles that are then converted to bi-fuel after the City gets them. Councilmember Benson asked whether staff was considering purchasing a larger van than a seven-pasgenger. Mr. Tom Bassler responded that larger vans would require Class 2 licenses to operate. After further discussion by Council, Councilman Kelly moved to continue this item until staff acquires information relative to availability of larger vans and driver license requirements for same. Motion was seconded by Benson and carried by unanimous vote. K. REQUEST FOR EXTENSION of Landscape Maintenance and Services for the Palm Desert Sports Facility (Contract No. C06861). Rec: By Minute Motion, authorize a one-year extension for the landscape and maintenance services of the Palm Desert Sports Facility with Carter and Carter Landscape in the amount of $40,656.00 ($3,388.00 per month). Mayor Crites stated that while he was not dissatisfied with the contract, he felt this item should be continued rather than approved at this time because of a meeting to be held the following day to discuss what is going to be done with these playing fields. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to continue this matter to the meeting of February 9, 1995. Motion was seconded by Benson and carried by unanimous vote. VIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF REVISION TO ADULT ENTERTAINMENT ORDINANCE. THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MEETING: Kcy BAC Buford A. Crites, Mayor BAA Bruce A. Altman, City Manager WR Wayne Ramsey, Director of Code Compliance KH Karen Holgate, Executive Director, H.O.P.E. Organization DJE David J. Erwin, City Attorney WHS Walter H. Snyder, Mayor Pro Tem RSK Richard S. Kelly, Councilman MPF Mary P. Frazier, Deputy City Clerk BAC New Business...a request for approval of a revision to the adult entertainment ordinance...Mr. City Manager. BAA Yes, Mr. Ramsey and Mr. Erwin will present this one. WR Mr. Mayor and City Councilmen...you have before you the staff report which was written by Robert Hargreaves, Deputy City Attorney, so this is a joint venture for us. As you know, we had some things brought to our attention that we thought perhaps we ought to look at the adult entertainment ordinance because of possible first amendment violations. And Bob, in conjunction with the H.O.P.E. organization and some input from my department and the Sheriffs Department, reviewed a lot of that whole notebook full of things that Dave has over there, which includes some people that have already gave their opinions, etc. in other cases. One of the things that Bob brought to my attention was that Sharon Holgate and the people from H.O.P.E. were going to be here tonight and I think they are, and we should get their testimony on record in case we do have a challenge later on. So, if you have any questions of me or of Dave, and if you'd like to let Sharon and her group make a presentation at this time. BAC Okay...Karen? 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * KR Thank you. My name is Karen Holgate and I reside at 73-239 Boxthorn in Palm Desert. I speak before you tonight not only as a resident of Palm Desert but also as Executive Director for H.O.P.E. One of the things that I think you need to know, and I'm sure you do, that Bob Hargreaves has explained to you, is that a critical issue in adopting these ordinances is to establish legislative history, which attests to the fact that you are drafting these ordinances not to infringe on anyone's First Amendment rights but to best regulate against the adverse secondary effects that are know to accrue to any community in which they locate. Numerous studies have been conducted over the last 15 or 20 years of which you have the complete studies. You also have a summary of those studies for your preview. These adverse secondary effects that are addressed in those land use studies include increased crime in serious offenses such as rape, homicide, robbery, assault, burglary, theft, and auto theft. Prostitution obviously is also higher. There's also a decrease in property values. There's also the chance for urban blight in neighborhoods as families move away if these businesses locate too near their homes. There's also a loss of business revenue, often from other businesses moving away when these businesses and their crime come to their business community. These ordinances that we are asking in conjunction with Best, Best and Krieger, Dave Erwin, and Bob Hargreaves, is to provide for the maximum control that all cities have the right to do. In September of last year, our California State Legislature just finally adopted a State law which says that they agree with us, that these ordinances are good, and they're a little bit late, like maybe three or four years, but that's okay, they did move with it. Part of what these ordinances do is they provide for that kind of control for our cities by providing strict licensing requirements, they require the removal of the doors that lock on the adult bookstore so that obvious kinds of behavior do not occur, and they require both interior design to make sure that that occurs and also allow for hours of operation, in other words these businesses can be closed from one to nine. We want them to be closed till nine because we don't want a pedophile going in to one of these businesses, getting sexually aroused, and then going out and following our children to school. It is important to realize that these land use ordinances are considered content neutral, meeting that they do not violate anyone's First Amendment right. I, too, believe in my First Amendment right and would not want to do anything against that. One of the cases that is cited in the land use studies was conducted in Garden Grove, California, between '81 and 1990, right on Garden Grove Boulevard. Seven adult businesses in that area accounted for 36% of all the crime. In one case, a bar opened within 500 feet of an S.O.B., excuse me, Sexually Oriented Business, and serious crime within 1,000 feet of the business rose 300% during that same time period. Also, in your packets are included written testimonies from an L.A. vice officer, Bob Navarro, who's nationally recognized as a leading expert in these kinds of businesses, a former adult business owner herself of five businesses, a former customer and talks about his behavior, and includes testimony from Dr. Lorraine Day talking about sexually transmitted diseases that occur. Also, some surveys were conducted. The City of Palm Desert's staff sent out surveys to businessmen and also to local real estate, that is included in your packet. I'll just mention one key thing. 87% of the single-family residence owners believed, or real estate, believed 8 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BAC DJE that if a sexually oriented business operated within less than 200 feet of these businesses, 87% percent felt that the r..,rLi value would decrease 10% to 20%. So obviously we've always recommended that they be greater than that. Also, H.O.P.E. had a group of their volunteers, of which by the way over 500 of our volunteers live in Palm Desert, and they conducted a survey and found that...they contacted 42 homeowners, and while the various responses were different depending on how people felt about these businesses, it was interesting to note that 98 % of all the residents felt that the City Council should, in fact, regulate how and where these businesses operate, and the 98% came from one person not responding to that question. 48% believed that the businesses should be zoned in an industrial area, 86% said they would support an ordinance that prohibited adult entertainment within 500 feet of their home, and 73 % said that they would support an ordinance that placed those businesses at least 1,000 feet from their homes. We of H.O.P.E., in conjunction with your City Attorney, who has been a delight to work with, encourage you to adopt these ordinances tonight. Thank you. Thank you, ma'am. While this is not a public hearing, Council is very interested in taking comments from anyone who wishes in the audience to address us on this matter. Are there questions from members of this body concerning this set of ordinances? Is there a motion? I might comment, Mr. Mayor, for the record that you do have the staff report summaries in front of you. I do have a loose leaf notebook which contains the text of those studies that will be lodged with the City Clerk as substantiation for this process which does include testimony, the results of the surveys locally, as well as some testimony in other local communities within and without of the Coachella Valley, all of which support the findings of the ordinance. BAC Thank you, sir. Mr. Kelly... WHS Mr. Mayor, I would be pleased... BAC Just a second, Councilman Kelly has a question. RSK In your mind we've done the best possible job to control... DJE Yes, sir. I think Karen Holgate and her organization has done an outstanding job and a great assist to us with her volunteers in assisting us with the local surveys and in keeping us moving in this process. WHS Mr. Mayor, first I'd like to congratulate the people who have worked on this and I would like to move we waive further reading and pass Ordinance No. 770 to second reading. RSK Second. 9 M NUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * *. * * * * * * * * * * * * * * * s * * * * BAC There's a motion and a second, please vote. MPF The motion carries by unanimous vote. BAC Joining Mayor Pro Tem Snyder, on behalf of the citizens, 40,000 plus in Palm Desert, we thank the people who have taken time out of their private lives to make sure that we get this accomplished. Thank you all. And that takes us to the second item under New Business having to do with abandoned vehicles... B. REQUEST FOR APPROVAL, OF AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 10.24 RELATIVE TO THE RIVERSIDE COUNTY ABANDONED VEHICLE PROGRAM. Mr. Ramsey reviewed the staff report, noting that the City had joined the Riverside County Abandoned Vehicle Program approximately one year ago. He stated that this ordinance would amend the Palm Desert Municipal Code and include changes requested by the County of Riverside. Councilman Kelly moved to waive further reading and pass Ordinance No. 271 to second reading. Motion was seconded by Snyder and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF EXPANSION AND REMODEL OF SAINT GEORGE ORTHODOX CHURCH OF THE DESERT, SPECIFICALLY THE DOME ELEMENT WHICH EXCEEDS THE HEIGHT LIMIT IN THE O.P. ZONE. Mr. Drell reviewed the staff report, noting that the Architectural Review Commission had approved the proposed expansion and remodel of this church subject to conditions. He noted the 29 foot diameter dome feature over the new sanctuary area and stated it would reach a height of 36 1/2 feet at its apex, with a five-foot high cross atop the dome. The top of the dome would be set back 29 feet from the east property line and 58 feet from the curb on Larrea. He said Council approval was necessary due to the height of the dome. Councilman Snyder moved to, by Minute Motion, approve the architecture, including the dome element to a maximum height of 36 1/2 feet. Motion was seconded by Kelly and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 a * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR APPROVAL OF CITY'S PARTICIPATION IN THE SCAG CLEAN CITIES PROGRAM. Mr. Altman noted the memorandum in the packets and offered to answer any questions. Councilman Kelly moved to, by Minute Motion, approve the Memorandum of Understanding between the Southern California Association of Governments (SCAG) and the City of Palm Desert regarding Participation in the Clean Cities Program (Contract No. C09520). Motion was seconded by Benson and carried by unanimous vote. E. REQUEST FOR CONSIDERATION OF BRIDGE ACROSS THE SAN PASCUAL WASH. Mr. Altman noted the report in the packets. Councilmember Benson moved to, by Minute Motion, appropriate $75,000 from developer recreation fees to build this much needed facility. Motion was seconded by Snyder and carried by unanimous vote. F. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Ortega noted that no complaints had been received for the period January 4 - 17, 1995. Councilman Kelly noted that progress was being made on the rebuild of the entire City of Palm Desert. IX. CONTINUED BUSINESS A. CONSIDERATION OF REQUEST FROM MR. V. N. ERICKSON, PRESIDENT OF MONTEREY COUNTRY CLUB ASSOCIATION, INC., RELATIVE TO VEHICULAR ACCESS TO BALLFIELDS AT THE CIVIC CENTER (Continued from the Meeting of January 12, 1995). Mr. Altman noted the report in the packets and stated that Mr. Folkers and Mr. Drell were prepared to respond to specific questions by the Council. He noted an additional memorandum from Projects Coordinator Rudy Acosta relative to the status of the lights at the ballfields. MR. TONY BRUNER , General Manager of Monterey Country Club Homeowners Association, stated he was present to observe and listen to Council comments. Upon question by Mayor Crites relative to Mr. Erickson's perception that the Council had agreed to close Magnesia Falls, Mr. Bruner stated that was their understanding of the provisions in the 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conditional Use Permit; however, in looking at the conditions as shown in the staff report, he said they appeared to be a different set of conditions than shown on the documents they had. Mayor Crites stated that the conditions shown in the staff report were the conditions passed by the Council. He called Mr. Bruner's attention to page 36 of the minutes in the report and said it was the perception of the Council that Mr. Erickson was incorrect and that there was no condition that says the road will be closed. He also noted the partial verbatim transcript on page 2 of the report. Mr. Bruner stated that Monterey Country Club was very appreciative of what the Council has done to mitigate the lighting problems. Mayor Crites stated that he would assume then that this discussion takes care of the matter unless representatives from Monterey Country Club come back to the Council at a later date. Mr. Bruner agreed. B. REQUEST FOR APPROVAL OF PROPOSAL BY STEVE RIEMAN FOR AN "ARTIST IN RESIDENCE PROGRAM" IN COMPLIANCE WITH THE CITY'S ART -IN -PUBLIC - PLACES PROGRAM REQUIREMENT AT THE CITY'S CORPORATION YARD, CONTRACT NO. C09460 (Continued from the Meeting of January 12, 1995). Mr. Erwin stated that this contract had been on the last City Council Agenda for approval. He said there was a provision requiring that the artist provide insurance coverage; the cost for that coverage turned out to be relatively high, and he asked Ms. Sass to address that cost. MS. SASS stated that the amount quoted was between $750 and $1,000 for $300,000 coverage which would take care of the City's deductible amount. She said it was not clear at this point whether the artist would have to purchase that insurance or if the City can purchase it. If the artist would have to purchase it, then staff would ask that the amount for the project be increased to $8,900 ($7,900 for the contract and $1,000 to cover the insurance). Councilman Snyder stated he had attended a meeting of the JPIA where members discussed investigating insurance for cities that use volunteer labor or labor from prisons on various City projects, whether these individuals would be considered employees, and how the cities can protect themselves. He asked if this would be something that could be looked at. Mr. Erwin stated that this was something that came up when cities were using jail personnel on projects. He said staff could explore that also. He said staffs recommendation was to approve the contract with a maximum amount of $8,900 and let staff figure out the least expensive way to cover the insurance aspect. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to, by Minute Motion: 1) Concur with the Civic Arts Committee's recommendation and approve the proposal by Steve Rieman for an "Artist in Residence Program" under Contract No. C09460 in compliance with the City's Art -In -Public -Places Program requirement at the City's Corporation Yard in an amount not to exceed $7,900.00; 2) approve an additional amount of $1,000 for insurance and allow staff to figure out the least expensive way to handle the insurance aspect of the project. Motion was seconded by Benson and carried by unanimous vote. R. OLD BUSINESS A. REPORT RELATIVE TO FRED WARING DRIVE REZONING. Mr. Phil Joy reviewed the staff report, noting that staff had been directed to meet with residents of Fred Waring Drive relative to possible rezoning of the area. That meeting was held on January 4, 1995, with approximately 50 residents present. The consensus rather than rezoning was to make the area more livable for the residents. Upon question by Councilman Kelly, Mr. Folkers responded that plans for the intersection improvements were already included in the streets program. He said staff had the preliminary design and were in the process of selecting a consultant. He added that it should be under construction during the summer months. MR. ERIK LARSEN, 74-266 Fred Waring Drive, submitted a drawing he had done after reviewing staffs drawings in the report (on file and of record in the City Clerk's Office). He said he felt the drawings done by staff and included in the report were not the consensus of the citizens. He explained his drawing, noting that there would be two lanes west and two lanes east with a reduced center median. There would be a two -foot landscape strip, and the power poles would not have to be moved. There would also be a 14-foot access road on the far side of the wall with one-way traffic moving east to west. He noted these changes would apply to Fred Waring from Florine to Primrose and from Primrose to Portola. The wall would be a sound barrier and would provide safety as well as reduced noise from truck traffic. Mayor Crites stated that staff would be asked to look at Mr. Larsen's drawing and come back with a response in two weeks. Mr. Folkers asked that staff be given more time since staff reports are due to the City Manager on Tuesday. With Council concurrence, this matter was continued to the meeting of February 23, 1995. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. REPORTS AND REMARKS A. CITY MANAGER Mr. Altman noted that Mr. Diaz was not present at this meeting because he was the first recipient of the 1994 Library Person of the Year Award by the Inland Empire Library Association. B. CITY ATTORNEY Mr. Erwin noted the following items for Closed Session: 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. C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action; 1. Discussion of Charter Cities (Councilmember Jean M. Benson). Councilmember Benson stated that inasmuch as the County was looking at the possibility of being a charter county and other cities were also becoming charter cities, she felt perhaps the City of Palm Desert should also look at this issue now before the State places a moratorium on cities changing their status. She suggested that a committee look into this issue. With Council concurrence, staff was directed to begin this process. 2. Report Relative to the "Shopper Hopper" Shuttle. Councilman Snyder moved to place this item on the Agenda as an item which came up after the Agenda was posted. Motion was seconded by Kelly and carried by unanimous vote. Mr. Wohlmuth reported that he had attended a meeting with a representative of the Chamber of Commerce relative to this shuttle, which the Council had r 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * approved funding for in the amount of $1,500.00 to get it running. He said the El Paseo Merchants and the Chamber of Commerce wanted to include as part of this shuttle trips to three of the Indian Wells hotels and three Palm Desert hotels. The original intent was to have this be a shopping shuttle and take people between the Palm Desert Town Center, El Paseo, and The Living Desert. He said representatives of the Palm Desert Town Center did not want to have people they bring in to the Town Center taken away to other retail centers in the City as well as El Paseo, while the El Paseo people feel it is important to connect people with the hotels. Councilmembers Benson and Kelly asked whether the hotels in Indian Wells were willing to make a contribution to the shuttle. Mr. Wohlmuth responded that according to the Chamber of Commerce, the hotels were interested in contributing to the promotion of the shuttle but not to its operation. Upon question by Councilman Kelly, Ms. Sonia Campbell, El Paseo Merchants Association, responded that El Paseo merchants would be happy to have the hotels included; however, the Palm Desert Town Center was not happy to have customers taken from the hotels to other places for shopping. Mr. Wohlmuth added that the Palm Desert Town Center has a service providing transportation to their mall for people at the east, west, and north hotels. This is a service paid for by the Town Center, and this is where their concern comes in. He said they were paying approximately $5.00 per passenger to bring people to the Town Center. Upon question by Councilman Kelly relative to passengers having to pay to use the Shopper Hopper, Mr. Wohlmuth responded that it would be a violation of the PUC to charge unless we stay within the City limits of Palm Desert. If we go outside, it is a violation of the PUC. Councilman Snyder moved to, by Minute Motion, conduct the shopper hopper program as originally designed to go from the Palm Desert Town Center to other areas of shopping in the City. Motion was seconded by Kelly. Mr. Wohlmuth stated that there were concerns that we would not increase the number of shoppers to the El Paseo area and The Living Desert. He said if a guest at a hotel in Indian Wells or Palm Desert were to make a trip to The Living Desert, they would have to ride two buses to get up there. With this program, they could get up to The Living Desert, spend the day, and even go shopping in Palm Desert in one trip. Councilman Kelly suggested that when we receive the letters from the hotels in Indian Wells requesting that the shuttle serve their areas, he will go and 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * meet with Councilman Bostley in Indian Wells to see if his city would be willing to contribute some funds. If Indian Wells decides to make a contribution, we can have the shuttle serve the hotels; if no contribution, then the shuttle will not serve those hotels. He. added that either the City of Indian Wells or the hotels themselves in Indian Wells would need to make a contribution in order to have this service. Councilman Snyder amended his motion to start the program as previously approved by the Council and give Councilman Kelly the time to meet with the City of Indian Wells and hotels in Indian Wells to see if they will contribute money to fund this shuttle; if they will contribute funds, the schedule of the shuttle could then be modified to serve that area. Motion was seconded by Kelly and carried by unanimous vote. NOTE: THE FOLLOWING ITEMS 3 THROUGH 7 WERE LISTED ON AN AGENDA ADDENDUM THAT WAS POSTED 72 HOURS PRIOR TO THE CITY COUNCIL MEETING. 3. Request for Approval of $500 Contribution to Desert Rose Society for Its Participation in the Maintenance of the City's Rose Garden (Mayor Buford A. Crites). Mayor Crites noted the event in the City's Rose Garden the previous Saturday wherein citizens received instruction from members of the Desert Rose Society relative to pruning their rose bushes. He stated that there was a great turnout for this event, and he felt it would be appropriate for the Council to contribute funds to this organization since it would be maintaining the City's Rose Garden. Councilmember Benson moved to, by Minute Motion, approve a contribution of $500 to the Desert Rose Society for its participation in the maintenance of the City's Rose Garden and appropriate said funds from the City's General Fund. Motion was seconded by Snyder and carried by a 3-0-1 vote, with Councilman Kelly ABSENT. 4. Instruction to Staff Regarding Signage for Rose Garden and for Plant Identification in Civic Center Park (Mayor Buford A. Crites). Council concurred. Mayor Crites stated that with Council concurrence he would ask that staff begin the process of working with people from the Desert Rose Society to get appropriate signage and identification for the different types of roses in the City's Rose Garden and also signs that would note the Desert Rose Society's participation in the maintenance of that garden. 16 ItTs REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Request for Funding to Provide a Picnic Lunch for a Meeting of the State Land Conservancy to be Held in Palm Desert on February 24, 1995 (Mayor Buford A. Crites). Mayor Crites stated that approximately 15 people from various conservancy organizations would be meeting in Palm Desert on February 24th to attempt to put more money into the Santa Rosa Mountains Conservancy. He asked for Council approval of a picnic lunch for approximately 20 people. Councilmember Benson moved to, by Minute Motion, approve funding to provide a picnic lunch for a meeting of the State Land Conservancy to be held in Palm Desert on February 24, 1995. Motion was seconded by Snyder and carried by unanimous vote. 6. Request for Approval of the Use of Klieg Lights for the El Paseo "Classic" Artwalk and Appropriation of $1,200 to Pay for Same (Councilman Richard S. Kelly). Councilman Kelly noted the memorandum in the packets relative to the use of Klieg Lights for the El Paseo celebration on February 18th. Councilman Kelly moved to, by Minute Motion, approve the use of Klieg Lights for the El Paseo "Classic" Artwalk on February 18, 1995, and appropriate $1,200 to pay for same. Motion was seconded by Benson and carried by unanimous vote. 7. Consideration of a Regme1 from South Coast Air Quality Management District for Support of a Revision to the Federal Implementation Plan to Reduce Its Potential Adverse Economic Impacts on California (Mayor Buford A. Crites). Mayor Crites noted that staff had requested a continuance of this item to the meeting of February 9, 1995. Councilman Kelly moved to continue this matter to the meeting of February 9, 1995. Motion was seconded by Snyder and carried by unanimous vote. 8. Mayor Crites noted the meeting scheduled for the following day with representatives from the various youth sports organization to discuss the use of the playing fields and getting cooperation from the various agencies. He said they were also looking for space to have a desk and telephone for central reservations and were also looking at the old library on Portola. He asked that staff look into the possibility of providing space to do something on a temporary basis pending results of staffs study of organizations wishing to use the Portola library building. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .* * * * Council concurred with the direction to staff, and Councilman Kelly suggested there may be something in the Building Department area where the South Coast Air Quality Management District office space is located. o City Council Cpmmittee Reports: 1. Mayor Crites stated he had asked the City Manager to continue discussions with representatives from Sun City Palm Springs relative to the Post Office issue and to also discuss with representatives of the Post Office what kinds of things they can do to accommodate Sun City without being a burden to Palm Desert residents. He said a report would be coming back to Council at a later date. XII. ORAL COMMUNICATIONS - B None With Council concurrence, Mayor Crites adjourned the meeting at 5:45 p.m. to Closed Session to discuss items listed under City Attorney Reports and Remarks. He reconvened the meeting at 7:00 p.m. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - C None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING THURSDAY, JANUARY 26, 1995, AS "CHAD GRIFFITH ARNOLD DAY" IN THE CITY OF PALM DESERT. Mayor Crites noted that the recipient of this proclamation was not in attendance and stated this item would be placed on the City Council Agenda for February 9, 1995. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. APPOINTMENT TO THE CITY COUNCIL TO FILL THE VACANCY CREATED BY THE RESIGNATION OF S. ROY WILSON. NOTE: THIS MATTER WAS DISCUSSED FOLLOWING THE PUBLIC HEARING. Mayor Crites noted that at its Adjourned Meeting of January 25, 1995, the City Council/Agency Board had appointed Mr. Robert Spiegel to the City Council/Agency Board to fill the vacancy created by the resignation of S. Roy Wilson. Deputy City Clerk Mary Frazier administered the Oath of Office to Mr. Spiegel. XVI. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE SIGN ORDINANCE AS RECOMMENDED BY THE PLANNING COMMISSION, Case No. ZOA 94-3. Mr. Drell reviewed the staff report in the packets as well as the text of the amendment. He noted discussion on how restrictive the provisions for "open" signs should be and said Sonia Campbell of the El Paseo Merchants argued for color control (black on white only) and the prohibition of logos on the open sign. In the end, the Planning Commission decided that since the size was only three square feet, the colors used and whether or not a logo was placed on it should not be a concern. Councilmember Benson stated she did not know where the discussion came from on the colors on the open signs because the Sign Task Force Committee discussed black on white. She suggested that the black on white restriction be put in now or at the next reading of the ordinance. Mayor Crites declared the public hearing open and invited testimony. MS. SONIA CAMPBELL, 73-910 El Paseo, spoke as President of the El Paseo Business Association, stated that three members of the El Paseo Board had been meeting with the Sign Task Force Committee and had spoken with regard to having "open" signs on El Paseo. She said there would be certain qualifications as far as size and height that would have to be met, and they were talking about having "open" signs or "(name of business) is open" with black on white. She said at the last Planning Commission meeting, the Commission did not agree with what she was saying, and she did not agree with having a logo on the "open" sign. She said the Board did not want to have the street cluttered, and she noted that approximately 27 signs were removed from the street in last year and a half. She said they did want to keep the street uniform and clean, with black on white signs and no logos, with the signs to just say "open" or "(name of business\ is open". 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 26, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Mayor Crites, Mr. Erwin responded that the ordinance could be amended to include a separate district for El Paseo. Mr. Drell added that the ordinance already contained a section on temporary signs with limitations on El Paseo, and this amendment could be included in that section. With no further testimony offered, Mayor Crites declared the public hearing closed. Councilmember Benson moved to waive further reading and pass Ordinance No. 731 to second reading, amended to add special El Paseo limits with only black on white, with no logos, and only the word "open" or "(name of business) is open". Motion was seconded by Snyder and carried by unanimous vote. XVII. ORAL COMMUNICATIONS - D None XVIII. ADJOURNMENT With Council concurrence, new Councilman Robert Spiegel adjourned the meeting at 7:15 p.m. ATTEST: MARY P. CITY OF P ZIER, DEPUTY' CITY CLERK DESERT, CALIFORNIA 20