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HomeMy WebLinkAbout1996-05-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:00 p.m. H. ROLL CALL Present Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Walter H. Snyder Also Present: Ramon A. Diaz, City Manager Doug Phillips, Deputy City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, Redevelopment Agency Executive Director Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Evelyn Bridges, Acting Director of Code Compliance Mary P. Gates, Deputy City Clerk III. ORAL COMMUNICATIONS - A None IV. CONSENT CALENDAR A. MINUTE4 of the Regular City Council Meeting of May 9, 1996. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 48 and 49. Rec: Approve as presented. C. CLAIM AGAINST THE CITY ((307) by Vance E. Childers in the Amount of $78.86. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#308) by Carole Rusin in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. E. APPLICATION FQR ALCOHOLIC BEVERAGE LICENSE by Islands Fine Burgers & Drinks, 72-353 Highway 111, Pad B, Palm Desert. Rec: Receive and file. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Lucky Stores, Inc. for the Northeast Corner of Highway 111 and Deep Canyon, Palm Desert. F. Rec: Receive and file. G. RESOLUTION NQ. 96-30 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (April, 1996). Rec: Waive further reading and adopt. H. RESOLUTION NO. 96-31 - A Resolution of the City Council of the City of Palm Desert, California, Amending Section I on Salary Schedule, Ranges & Allocated Classifications of Resolution No. 95-41 to Add Step "J-10" for All Job Classifications. Rec: Waive further reading and adopt. I. REQUEST FOR RATIFICATION of Agreement for Musicians Outlet to Furnish and Operate a Public Address and Lighting System for the Summer Concert Series (Contract No. C11300). Rec: By Minute Motion, ratify the agreement with Musicians Outlet to furnish and operate a public address and lighting system package of the Palm Desert Civic Center Park Amphitheater for the eleven summer concerts at $800.00 for each concert. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Painting of the El Paseo Historical Society Fire Station. Rec: By Minute Motion, authorize staff to obtain bids for the painting of the El Paseo Historical Society Fire Station building. K. REQUEST FOR AWARD OF CONTRACT for Underground Storage Tank Removal of Fire Station #33, Town Center (Contract No. C 10100). Rec: By Minute Motion, award the bid for underground storage tank removal at Fire Station #33 to G & M Construction of Palm Springs in the amount of $11,250.00. L. REQUEST FOR EXTENSION of Graffiti Removal Contract with Sunline Services Group (Contract No. C08322). Rec: By Minute Motion, renew the graffiti removal agreement with Sunline Services Group (SLSG) for one year in the amount of $54,782.52 ($4,565.21 per month). M. REOUE$T FOR AUTHORIZATION to Advertise and Call for Bids for Cleaning of Storm Drains (Contract No. C11310). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the cleaning of storm drains. N. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of Opticom Signal Preemption System at Seven Locations (Contract No. C11320). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the above referenced project. O. REQUEST FOR APPROVAL to Attend Out -of -State Meeting. Rec: By Minute Motion, authorize attendance at the National Uniform Traffic Control Devices Committee meeting to be held in Baltimore, Maryland, on June 11-14, 1996. P. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C09700 -- Monterey Avenue Bridge at the Whitewater Channel (Project No. 696-95). Rec: Removed for separate discussion under Section VII, Consent Items Held Over. See that portion of the Minutes for Council discussion and action. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. SCHEDULE OF INVESTMENTS as of April 30, 1996. Rec: Receive and file. R. REQUEST FOR RELEASE of Subdivision Improvement Security for Tract Map 27546, Desert Rose. Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to reduce the amount of the subdivision improvement securities to ten percent of their value as maintenance security for a one-year maintenance period. S. REQUEST FOR APPROVAL. of Final Tract Map 24984 (Foxx Development Corporation, Applicant). Rec: Waive further reading and adopt Resolution No. 96-32 approving Tract Map 24984. T. REQUEST FOR APPROVAL of Final Parcel Maps 28323 and 28324 (Sunrise Desert Partners, Applicant). Rec: Waive further reading and adopt Resolution No. 96-33 approving Parcel Maps 28323 and 28324 (Monterey Country Club). V. REQUEST FOR APPROVAL of Five -Year Measure "A" Local Funds Program. Rec: Removed for separate discussion under Section VII, Consent Items Held Over. See that portion of the Minutes for Council discussion and action. Councilman Spiegel removed Item P for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Council Crites asked that Item V also be removed for separate discussion. Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. V. RESOLUTIONS None VI. ORDINANCES For Introduction: None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. DRDINANCE NO. 8Qj - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 8.70 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE. Ms. Bridges noted that the Council had met in Study Session earlier in the afternoon and had made several changes to the proposed ordinance. She asked that this matter be continued to the Council meeting of June 13, 1996. Councilman Spiegel moved to continue this matter to the meeting of June 13, 1996. Motion was seconded by Crites and carried by unanimous vote. B. ORDINANCE NO. 802 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO MUNICIPAL CODE SECTION 25.68, Case No. ZOA96-1. Mr. Drell stated that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 802. Motion was seconded by Benson and carried by unanimous vote. VII. CONSENT ITEMS HELD OVER P. REOUEST FOR APPROVAL of Change Order No. 2 to Contract No. C09700 -- Monterey Avenue Bridge at the Whitewater Channel (Project No. 696-95). Upon question by Councilman Spiegel, Mr. Folkers stated that the intent was that the City of Rancho Mirage would have sidewalk along the west side; however, the approach to the project from the south was lacking sidewalk from Magnesia Falls Drive to Gran Via on the east side of Monterey Avenue. Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 2 in the amount of $41,985.00; 2) authorize the transfer of $41,985.00 from contingency to base. Motion was seconded by Kelly and carried by unanimous vote. V. REOUEST FOR APPROVAL of Five -Year Measure "A" Local Funds Program. Councilman Crites stated that he was supportive of widening Highway 111 to three lanes from Highway 74 to Deep Canyon; however, he questioned what was being done in terms of working with Caltrans to "wiggle by six inches or a foot" in terms of lane widths so we can get three lanes in without having to go in and tear out curbs and gutter and landscaping again. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers responded that some relief had been received from Caltrans down at Deep Canyon but not as much as staff had hoped for. For the remainder of it, staff was trying to come up with a situation where, in some cases, we can move back the curb by as much as two feet without disturbing the landscaping and go with narrower lanes. Staff was now working on coming up with a design and getting approval of the whole stretch. He added that this would be part of the package to do work at San Pablo/Highway 111 and at Highway 74/Highway 111. Councilman Crites stated that he would like to look at the conceptual plan for how much narrowing and widening and curb moving when that plan is ready. Councilman Crites moved to, by Minute Motion, approve the five-year Measure "A" Local Funds Program for the Riverside County Transportation Commission. Motion was seconded by Spiegel and carried by unanimous vote. VIII. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF VACATION INN EXPANSION, ZONING ORDINANCE INTERPRETATION CONCERNING APPLICABILITY OF HOTEL DEVELOPMENT STANDARDS REQUIRING RESTAURANTS FOR PROJECTS APPROVED BEFORE ORDINANCE ADOPTION. Mr. Drell reviewed the staff report and offered to answer any questions. Councilman Crites moved to, by Minute Motion, concur with staff interpretation of inapplicability of restaurant requirement allowing expansion of Vacation Inn. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR CONSIDERATIQN OF PROPOSAL REGARDING NEIGHBORHOOD ELECTRIC VEHICLE DESIGN COMPETITION. Mr. Robert Webb, Grant Officer for the Webb Berger Foundation, reviewed the proposal and stated that no monies were being requested from the City. He did ask that the City provide staff time for judging of the competition and help with the contest design specifications. Upon question by Councilman Spiegel, he stated that the Art Center College of Design was aware of this and that the Webb Berger Foundation would be providing a grant in the amount of $35,000. He added that if the City declined to participate, they would still go ahead with the grant. Upon further question by Councilman Spiegel, he stated that he had contacts in the design world who could work to actually produce the vehicle. Councilman Spiegel commended Mr. Webb for this proposal. Councilman Kelly stated that he felt this was a great opportunity for the City to get involved in this project. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Snyder agreed and stated that it fits in with the City's package. Upon question by Councilmember Benson, Mr. Webb responded that the Webb Berger Foundation was started about seven years ago in Mr. Berger's garage. It then moved to Arcadia and then to the desert about four months ago. Councilman Kelly moved to, by Minute Motion, approve the proposed competition to proceed under the joint sponsorship of the City of Palm Desert and The Art Center, direct the City Attorney to prepare a contract, and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by unanimous vote. C. CONSIDERATION OF REOUEST FROM THE CIVIC ARTS COMMI i t r t FOR A Lbri tat OF SUPPORT FOR MR. IGOR HRUSCHEV RELATIVE TO A CULTURAL EXCHANGE WITH RUSSIA. Councilmember Benson noted that the City Clerk had requested a continuance of this item. Councilman Crites moved to continue this matter to the meeting of June 13, 1996. Motion was seconded by Kelly and carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM DESERT. Mr. Wohlmuth reviewed the staff report, noting that the Public Employees Retirement System (PERS) required an agency to adopt a resolution of intention prior to adoption of an ordinance amending the contract. He stated that staff would be bringing the ordinance to the Council during budget discussions. MS. DONNA till-1 tK, President of the Palm Desert Employees Organization (PDEO), stated that the PDEO wanted to confirm that the Council was aware that this was one of eight items for which the organization was awaiting final Council approval with the memorandum of understanding. Mr. Wohlmuth added that the "2% at 55" benefit was one of the items within the memorandum of understanding. He said it was a lengthy process to amend the PERS contract, and a resolution of intention needed to be adopted before the Council could even consider the amendment. Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-34 stating the City's intent to approve an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Palm Desert. Motion was seconded by Benson and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REQUEST FOR APPROVAL OF ARCHITECTURAL DESIGN CONTRACT FOR PORTOLA COMMUNITY CENTER(OLD PORTOLA LIBRARY - CONTRACT NO. C11330). Mr. Conlon reviewed the staff report and recommendation and offered to answer any questions. Upon question by Councilman Kelly, Mr. Conlon responded that the reason for a shared receptionist was to have someone to represent all of the different entities in the building and to work with them to make reservations for community meetings. Councilmember Benson added that that person would also be available to handle complaints rather than having them come to the City. Councilman Spiegel noted that staff was recommending $13,200.00; however, the contract indicated $12,000.00, and he questioned the difference. Mr. Conlon responded that the contract amount was $12,000.00, with a 10% contingency of $1,200.00. Councilmember Benson stated that the staff report indicated that bids would be brought back to Council by the end of July, and she noted that the Council would be cancelling its meetings of July 25th and August 8th. She asked how this would affect the project. Mr. Conlon stated that staff wanted to have the project under construction in August, with the facilities to be open in October. He said he would have a better feeling as far as the bid package once the drawings are complete, and staff would try to be ready for the July 1 lth Council meeting with a request for award of the contract for construction. If not ready, it might be necessary to call a special meeting of the Council. Councilman Spiegel moved to, by Minute Motion: 1) Approve Contract No. C11330 with Robert Ritchey, Architect, for the architectural design and bid package which covers the improvements at the Portola Community Center; 2) authorize the Director of Finance to appropriate $13,200.00, which includes a 10% contingency, from unobligated construction tax funds; 3) authorize staff, upon completion of the construction drawings, to obtain bids and report back to the City Council for award to the lowest responsible bidder. Motion was seconded by Benson and carried by unanimous vote. F. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street Mr: Folkers noted that the County had opened bids for this project and that the lowest bidder at this point was Riverside Construction in the amount of $6,650,000. The next lowest bidder was Yeager at $6.9 million, with Granite 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Construction third at $7.5 million. He stated that the engineer's estimate was approximately $10 million. He added that the Board of Supervisors would consider awarding the contract some time in June. Councilman Crites questioned whether the public art motif would be continued on the Washington Street project as it was for the Cook Street project, and Mr. Folkers responded that staff was confident it could be done. b. I-10/Cook Street Mr. Folkers noted that this project was approximately 42% complete and that the ramps on the north side had been paved. c. I-10/Monterey Avenue Mr. Folkers stated that the piles were being driven for this project and that the detour at Varner Road and Monterey Avenue was working well. IX. CONTINUED BUSINESS A. REQUEST FOR AWARD OF CONTRACT for Traffic Signal, Median Island, and Striping Modifications on Monterey Avenue and Park View Drive/College of the Desert, Project No. 571/95, Contract No. C10420 (Continued from the Meeting of May 9, 1996). Mr. Folkers reviewed the staff report, noting that there had been no word from College of the Desert to date relative to participation in this project. He recommended that the Council move forward with the project with the assumption that the College will pay half of the costs. He added that even if the College did not pay its share, staff would still recommend that the project proceed so that it could be completed by September when school starts again. Councilman Spiegel moved to, by Minute Motion, award Contract No. C10420 to V & M Construction of Indio in the amount of $32,320.00 plus a ten percent contingency of $3,232.00 and authorize the Mayor to execute the agreement. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilmember Benson ABSENT. Councilman Crites stated that each of the Councilmembers had received a memorandum from the Architectural Review Commission relative to the fencing across the street from City Hall. He said he felt it was important to obtain agreement from the College of the Desert that they will at least engage in discussions with the City and allow recommendations on architectural issues at the College. Councilman Kelly agreed and noted that the City of Palm Springs had a similar agreement with the Indian tribes. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Phillips stated that staff would attend to this matter and bring a proposed contract back to the Council for consideration. He noted that he had done some research on this issue and that what the cases said was that for it to be exempt from the City's zoning, it has to be directly related to instruction of students, and an argument could be made that what this really is is something other than that. Mayor Snyder stated that Councilman Crites request was that we put together a suggested proposal that whenever the College does anything, they at least come to the Council and have discussions with the Architectural Review Commission. Councilman Kelly stated that he would like to have a volunteer agreement rather than going and getting official. Councilman Crites agreed and said that whenever changes are made, they need to be up to standard. Mr. Wohlmuth stated that staff would meet with College officials to discuss the issue. After further discussion, Councilman Spiegel added to his motion direction for Mayor to meet with the College of the Desert Board to discuss an agreement whereby the College will bring any future projects with architectural issues to the City for discussion and recommendation. Councilman Crites agreed to the addition, and the motion carried by unanimous vote. X. OLD BUSINESS None XI. REPORTS AND REMARKS A. CITY MANAGER Mr. Wohlmuth noted that the Council had received copies of an information item relative to Park Reservations, and he offered to answer any questions. B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. At the conclusion of the Closed Session, Mr. Phillips announced the following: a) The City Council approved the Memorandum of Understanding between the City and the Palm Desert Employees' Organization by a vote of 4-0-1, with Councilman Crites ABSTAINING as he had missed the previous meeting. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * b) The City Council, by unanimous vote: 1) Authorized appropriation of $350,000.00 to the McCallum Theatre to provide affordable family programming through the summer; 2) authorized the operational and fiscal audits of the McCallum Theatre in the amount of $55,000.00. 2) Request for Closed Session Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 4 Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9: 1) Palm Desert v. Thomas, Bigbie and Smith, Riverside County Superior Court, Case No. Indio 69969; 2) City of Palm Desert v. Herrera, Superior Court Case No. 76264 3) Gerald J. Chazan, Inc., A California Corporation; Chazan Construction Company, A California Corporation, v. City of Palm Desert, Case No. Indio 59393 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency Negotiator: Ramon A. Diaz Employee Organization: Palm Desert Employees' Organization At the request of the City Attorney, Councilman Crites moved to add to Closed Session discussion of arbitration results. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Councilmember Benson ABSENT. C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Councilman Spiegel stated that he had recently attended a meeting of the CVAG Safety Committee and that one of the issues discussed was a gambling committee to analyze the effects on various cities and the Torres -Martinez 11 MINUTES REGULAR PALM DESERT CITY COUNCII, MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Indian agreement relative to acquisition of land and the possibility of placing casinos on that land. He expressed concern and said he would not be in favor of a casino in Palm Desert. He asked what would preclude acreage right across from the proposed Cal State College from becoming a casino, and he suggested that the Council ask Congressman Bono to prepare a position paper stating that casinos not be within a certain number of miles from a college facility. He said that would preclude the land in question from being sold for that purpose. Councilman Kelly agreed and said he felt there should be some sphere of influence language added into that position paper. He said he did not want anything like this in the City or near it. Mayor Snyder stated that the CVAG Executive Committee had discussed this issue. He said this was an area that could be available for the Indian Tribes to purchase; however, the City could veto that purchase. Councilman Spiegel stated that he felt someone from the City should review the law to make sure we understand it. He added that the City should also let Supervisor Roy Wilson know of its concerns since the County would be the body to approve the purchase of the land. With Council concurrence, the City Attorney's Office was requested to review the law, analyze it, and report back to the Council. o City Council Committee Reports: None XII. ORAL COMMUNICATIONS - B None Councilman Crites moved to adjourn the meeting at 5:00 p.m. to Closed Session, said Closed Session to be held immediately following the Redevelopment Agency meeting. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilmember Benson ABSENT. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - C None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO MRS. SHARON SPIEGEL FOR HER SERVICE ON THE PALM DESERT CIVIC ARTS COM1vu i On behalf of the entire City Council and staff, Mayor Pro-Tem Kelly presented Mrs. Spiegel with an engraved clock in appreciation of her many years of service on the City's Civic Arts Committee. B. PRESENTATIQN TO SAN BERNARDINO COUNTY SHERIFF'S DEPUTY JASON SCOT' HENDRIX IN RECOGNITION OF HIS UNSELFISH ACT OF HEROISM. Captain Steve Bloomquist reviewed the incident that occurred March 30, 1996, at the Circuit City store in Desert Crossing. He noted that Deputy Hendrix had assisted in the apprehension of a gunman and in doing so, was shot several times. He presented Deputy Hendrix with a plaque in appreciation of his courage and dedication and thanked him on behalf of the Riverside County Sheriff's Department. He noted that with Deputy Hendrix at this meeting tonight were his fiancee, his family, representatives from the San Bernardino Sheriff's Department, and Superior Court Judge James McGuire. He added that there were also present members of the Riverside County Sheriffs Department, including Lt. Dan Eisen, Lt. John Killen, Sgt. Mark Barfknecht, and patrol staff from the Palm Desert Station. He said it was truly an honor to have everyone in attendance for these awards. Mr. Alan Berliere, District Manager for Circuit City, thanked Deputy Hendrix on behalf of the management and employees of Circuit City and presented a plaque to him in honor of his heroism. He noted that on the date of the incident, Deputy Hendrix and his fiancee were shopping for a washer and dryer. In recognition of his assistance that day, Circuit City gave the couple a new Whirlpool washer and dryer and a 27-inch television. Mr. Tim Sullivan, General Manager of Marriott's Desert Springs Resort and Spa, presented Deputy Hendrix with a complimentary week for him and a guest at either of Marriott's resorts in Hawaii (Maui or Kauai). Mayor Snyder, on behalf of the entire City Council, presented to Deputy Hendrix a certificate for two roundtrip airline tickets to Hawaii. He said it was a great pleasure to recognize and thank someone who has truly honored his profession, and he presented to Deputy Hendrix a plaque in appreciation of all of his efforts. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF COMMUNICATION TOWERS ABOVE THE HEIGHT LIMIT IN THE ZONES IN WHICH THEY ARE LOCATED, Case Nos. 420C. 422C, and 425C (Pacific Bell Mobile Services, Applicant). Mr. Drell reviewed the staff report, noting that the applicant was proposing to install three communication antennas, one in the Palms to Pines Center in the existing tower by the theaters, one in the industrial area on Eclectic Street south of Continental Cablevision, and a third at Woodhaven Country Club. He noted that the tower at Woodhaven had been put on hold at this time while the applicant tries to find an acceptable site in the industrial park north of Country Club just west of Washington Street. He stated that staffs recommendation was to continue this matter for one month to allow the City Attorney to give a complete report on the legal impacts of the Telecommunications Act on this request. Councilman Crites asked if more than one telephone company could use the same tower. Mr. Drell responded that he believed that could be done and that his understanding was that the applicant had agreed to enter into an agreement for sharing of facilities with other providers. Councilman Crites stated that he would agree with a continuance of this matter, as he did not think the Council could make any decisions until after the City Attorney's report is received. Mayor Snyder declared the public hearing on and invited testimony in FAVOR of or OPPOSED to this request. MR. DARRYL DOHERTY, representative from Pacific Bell Mobile Services, stated that he would have no problem coming back in one month. MR. RAY McCABE, 709 Sandpiper, stated that he lived across the street from the Palms to Pines Center and was also the President of the Sandpiper Homeowners' Association representing 96 homeowners in that area. He noted that also with him were Mr. Kelly, resident of Unit 50 of Sandpiper. He said he had met with Mr. Steve Smith of the Planning Department on May 17th but could not get much information at that time because there was not a lot of information available. He said Mr. Smith assured him there would be no health hazards from this tower and no interference with other equipment in the homes. He said the residents of Sandpiper were against the tower at this time without having better information and real architectural drawings. He said they also hoped it would be located in an alternate area not so close to their residential area. Mr. Diaz stated that for the record he would like the applicant to indicate whether he would accept the continuance and time extension. 14 MINUTES REGULAR PALM DESERT (..1'Y COUNCIL MEETING MAY 23, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Doherty responded that he agreed with the continuance and time extension. Councilman Crites moved to continue this matter to the meeting of June 27, 1996. Motion was seconded by Spiegel and carried by unanimous vote. • XVII. ORAL COMMUNICATIONS - D None XVIII. ADJOURNMENT Upon motion by Crites, second by Spiegel, and unanimous vote of the Council, Mayor Snyder adjourned the meeting at 7:45 p.m. to Closed Session to continue discussions begun earlier. He reconvened the meeting at 8:15 p.m. and immediately adjourned the meeting. ATTEST: /44/4- SHEILA R.—GILLIGE DIRECTOR OF COMMUNITY AFFAIRS CITY OF PALM D T, CALIFORNIA WALTER H. SNYDER, MAYOR 15