HomeMy WebLinkAbout1997-04-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 24, 1997
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I. CALL TO ORDER
Mayor Kelly convened the meeting at 4:05 p.m.
H. ROLL CALL
Present:
Mayor Pro-Tempore Jean M. Benson
Councilman Buford A. Crites
Councilman Walter H. Snyder
Councilman Robert A. Spiegel
Mayor Richard S. Kelly
-- Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk
John Wohlmuth, ACM/Director of Administrative Services
Richard J. Folkers, ACM/Director of Public Works
Phil Drell, Director of Community Development
Carlos L. Ortega, Redevelopment Agency Executive Director
Paul Gibson, City Treasurer/Finance Director
Pat Conlon, Director of Building and Safety
Mary P. Gates, Deputy City Clerk
III. ORAL COMMUNICATIONS - A
MR. PEIE FREESTONE, 72-761 Tamarisk Street, stated that although he had three issues he would
like to address, he was willing to wait until the meeting of May 8, 1997, in the interest of time.
MS. BETTY TUMINELLO addressed Council relative to her previous discussions about the abortion
clinic and her feeling that there were abuses by the Police Department. She said she was hoping to
receive a written reply in the near future. She said she felt there had been some Constitutional
violations with regard to freedom of speech. She also noted that the clinic was zoned for outpatient
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 1997
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surgery, and she wondered what the disposition of the aborted fetuses was, whether they were
disposed of, if they received decent burial, or if they were used for research.
MS. PATRICIA FRIDAY and MR. GILBERT FRIDAY, 16500 Vernon Road, Whitewater, also
addressed the Council and expressed concern with the treatment they received from the Police
Department while protesting outside the abortion clinic on Painter's Path.
IV. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of April 10, 1997.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 53, 55, &
56.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#332) by Michael Anthony Pytel and Norma Linda Pytel in
the amount of $2,500,000.00
Rec: By Minute Motion, deny the claim and direct the City Clerk to notify the Claimant.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Le Donne Cucina Italiana,
Inc., for Le Donne Cucina Italiana, 72-624 El Paseo C7, Palm Desert, California.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nava Eduardo Ochoa for
Napas Tapas, 73-900 El Paseo 2, Palm Desert, California.
Rec: Receive and file.
F. INVESTMENT PACKAGE for Month Ended March 31, 1997.
Rec: Receive and file.
G. MINUTES of Police Advisory Committee Meeting of March 12 1997.
Rec: Receive and file.
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H. MINUTE of Housing Advisory Committee Meeting of March 12, 1997.
Rec: Receive and file.
I. REQUEST FOR AUTHORIZATION for Out -of -State Travel to the ASCE Conference in
Chicago, Illinois, on Traffic Congestion and Traffic Safety in the 21 st Century.
Rec: By Minute Motion, authorize attendance by the Director of Public Works to the ASCE
Conference in Chicago, Illinois.
J. REQUEST FOR APPROVAL of Out of State Travel to Ft. Lauderdale, Florida, for Director
of Finance Paul S. Gibson and Finance Operations Manager Agnes Flor to Take the First of
Five Annual Exams for the National Level GFOA's Certification Program for Designation of
Certified Public Finance Officer.
Rec: By Minute Motion, approve out-of-state travel to Ft. Lauderdale, Florida and authorize
the Director of Finance to process an expense report estimated in the amount of
$1,500.00, which includes flight and accommodations for the Director of Finance and
Finance Operations Manager; funds are available in the Employees City -Wide Training
Account.
K. REQUEST FOR AWARD OF CONTRACT for the Minor Storm Drain Improvements on the
West Side of Washington Street at Hovley Lane East (Contract No. C12390, Project No. 518-
97).
Rec: By Minute Motion: 1) Award the Contract to JDC, Inc., of Rancho Cucamonga,
California, in the amount of $29,690.00 for the Minor Storm Drain Improvements
(Project No. 518-97) and authorize a ten percent contingency of $2,969.00 - funds are
available in Account No. 110-4310-433-3320; 2) authorize the Mayor to enter into an
agreement with JDC, Inc.
L. REQUEST FOR AWARD OF CONTRACT for the Monterey Avenue Sidewalk Project
(Contract No. C12080, Project No. 697-97).
Rec: This item was removed from the Agenda for separate consideration under Section VII,
Consent Items Held Over, of the Agenda. See that portion of the Minutes for Council
discussion and action.
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M. REQUEST FOR AWARD OF CONTRACT for Landscape Project Associated with the
Monterey Avenue Bridge Project 605-96 (Contract No. C12030)
Rec: This item was removed from the Agenda for separate consideration under Section VII,
Consent Items Held Over, of the Agenda. See that portion of the Minutes for Council
discussion and action.
N. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for bids for the Street
Improvements at Monterey Avenue and Hovley Lane West (Contract No. C 12600, Project No.
637-97)
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the street
improvements at Monterey Avenue and Hovley Lane West.
O. REQUEST FOR AUTHORIZATION to Advertise and Call for bids for the Street
Improvements at Portola Avenue and Hovley Lane East (Contract No. C12610, Project No.
638-97).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the street
improvements at Portola Avenue and Hovely Lane East.
P. REQUEST FOR APPROVAL of Revision and Extension of Landscape Contracts (Contract
No. C07041 and Contract No. C08041).
Q.
Rec: By Minute Motion, approve a six-month extension and revision to the subject contracts
awarded to Valley Gardening Services.
REQUEST FOR APPROVAL of Change Order No. 1 for the Local Street Paving Project
(Contract No. C12000, Project No. 627-97).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C12000 for the
additional construction bid items required for the completion of the Local Street Paving
Project in the amount of $17,466.70; 2) authorize the transfer of $17,466.70 from
contingency to base.
R. REQUEST FOR CONSIDERATION of Updated Master Agreement for Federal -Aid Projects
Agreement No. 08-5414
Rec: By Minute Motion, authorize the execution of the updated Master Agreement for
Federal -Aid Projects with the State Department of Transportation.
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S. REQUEST FOR APPROVAL of Agreement with the City of Indian Wells Regarding the
Structural Fire Tax (Contract No C12620).
Rec: By Minute Motion, approve the interim agreement between the City of Palm Desert and
the City of Indian Wells.
T. RESOLUTION NO. 97-32 - 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 (March 1997).
Rec: Waive further reading and adopt.
U. LETTER OF RESIGNATION from Ralph Wood from the Police Advisory Committee
Rec: Receive with sincere regret.
V. REQUEST FOR APPROVAL of RFP's for Banking, Trustee, and Custody Accounts.
Rec: By Minute Motion, award bids for Banking Services to Union Bank, Trustee Services
to First Trust, and Custody Services to Union Bank.
W. REQUEST FOR APPROVAL of Memorandums of Understanding (MOU) for Barbara Sinatra
Children's Center and Jean M. Benson Child Care Center.
Rec: By Minute Motion: 1) Approve the Memorandum of Understanding for the Barbara
Sinatra Children's Center (Contract No. C12050); 2) approve the Memorandum of
Understanding for the Family YMCA of the Desert/Jean M. Benson Child Care Center
(Contract No. C12650)
X. REQUEST FOR APPROVAL . of Contract No. C126f20 with Sunline Transit Agency for Street
Sweeping Services (Agenda Addendum item)
Rec: This item was removed from the Agenda for separate consideration under Section VII,
Consent Items Held Over, of the Agenda. See that portion of the Minutes for Council
discussion and action.
Councilman Spiegel asked that Items L and M be removed for separate discussion under
Section VII, Consent Items Held Over, of the Agenda. Councilman Crites asked that Consent
Calendar Item A on the Agenda Addendum (Item X on this Agenda above) also be removed
for separate discussion.
Councilman Snyder moved to, by Minute Motion, approve the remainder of the Consent Calendar
as presented. Motion was seconded by Spiegel and carried by unanimous vote.
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VII. RESOLUTIONS
None
VI. ORDINANCES
For Introduction:
A. ORDINANCENO. 842 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, PROVIDING FOR THE REGULATION AND NOISE
CONTROL OF PORTABLE POWERED BLOWERS AND ADDING SECTIONS 9.24.020
AND 9.24.075 TO CHAPTER 9 OF CODE OF THE CITY OF PALM DESERT,
CALIFORNIA.
Senior Code Compliance Officer Evelyn Bridges reviewed the staff report, noting that the
result of the April 9, 1997, meeting with representatives of the California Landscape
Contractors Association, Desert Contractors Association, Echo/Golden Eagle Manufacturing,
five local distributors, seven homeowners' associations, five country club management
personnel, five local resorts, and ten local independent gardeners resulted in this new ordinance
to restrict the use of power blowers in the City to Monday through Friday from 8:00 a.m. to
3:00 p.m., with no use on Saturdays, Sundays, and government holidays. She also noted that
the ordinance included control of the decibel level of this equipment to 70 decibels.
Councilman Spiegel noted that he had just received information relative to decibel levels for
various types of things and that at the top of the list was jack hammers and leaf blowers at 140
decibels. Ms. Bridges responded that all of the blowers she had measured were under 80
decibels.
Councilman Crites expressed concern with the hours being restricted to Monday through Friday
from 8:00 a.m. to 3:00 p.m. and asked what homeowners would do who are working during
the week. Ms. Bridges responded that this ordinance would not allow the use of the blowers
on the weekends. Upon question by Councilman Crites relative to why the Committee made
this recommendation, Ms. Bridges responded that the various homeowners' associations had
restrictions on hours of use, and what was in the proposed ordinance was consistent with the
homeowners' associations. Councilman Crites stated that this ordinance would apply to
citizens in general, and he asked whether general citizens had been included in this meeting.
Ms. Bridges responded that the committee only discussed opposition to Ordinance No. 830
which as a ban on blowers within the City limits. With regard to decibel limits, Councilman
Crites asked how this would compare with Los Angeles decibels of under 45. Ms. Bridges
stated that the measurements in Los Angeles were taken from further away than Palm Desert's,
and she added that she did not know of any blowers that would actually come in under 45
decibels according to her research. Councilman Crites questioned the enforcement issue, and
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Ms. Bridges responded that as with any other misdemeanor in the City of Palm Desert, if the
Code Compliance Department does not observe a violation, it cannot issue a citation.
Mayor Kelly stated that there were noise minimums for leaf blowers but not for other yard
machines, and he asked whether staff felt it would be wise to include other equipment in the
noise limitation. Ms. Bridges responded that staff had not found other equipment to be a
problem at this time.
The following individuals addressed the Council in favor of a total ban on leaf blowers because
of health problems, noise, and dust:
Ms. Sharon Matthews
Mrs. Marian Henderson
Ms. Theda Bassman
Mr. Stan Rys, 74-523 Azurite Circle
Ms. Sophy Rys, 74-523 Azurite Circle
Ms. Janice Wright, 48-114 Silver Spur Trail, owner of apartments on Ocotillo and
Tumbleweed
Ms. Sharon Butvidas, 73-338 Joshua Tree Street
Ms. Marian Carter
The following individuals spoke in opposition to a ban on leaf blowers:
Mr. Pete Freestone, 72-761 Tamarisk Street, Palm Desert, stated that he used his blower as
a vacuum instead and suggested that others do the same.
Ms. Bernardine Vallenty, 73-320 San Nicholas
Ms. Catherine Coleman, 43-125 Warner Trail, asked that the Council not take away the
blowers but that the hours just be restricted, and she submitted a petition with approximately
100 signatures of individuals who opposed the ban on use of leaf blowers.
Mr. C. J. McLucas
Ms. Sharon Howard, owner of a small landscape and maintenance company in Palm Desert,
stated she felt vacuums were not as effective as blowers, and she had not yet found a way to
use brooms on rock. She added that electric blowers were not good for the workers because
of the danger with swimming pools, etc., and sometimes electrical outlets were not available
to plug the electric blowers in.
Ms. Diana Lamar, 43-827 Acacia Drive, Palm Desert, stated she was opposed to the restricted
hours and felt the homeowners' associations and land owners should be allowed to make their
own decisions relative to the use of blowers.
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Mr. Bill Wolfs, 72-845 Davis Road, Palm Desert, President of the Coachella Valley Chapter
of the California Landscape Contractors Association, stated he felt gas powered blowers were
equally as quiet as electrical blowers at this time. He added that he felt blowers should be
limited to use during business hours Monday through Friday from 8:00 a.m. to 5:00 p.m.,
10:00 a.m. to 5:00 p.m. on Saturdays, and no use on Sundays and holidays. He recommended
that the Council table Ordinance Nos. 829 and 830 and consider Ordinance No. 842.
Councilman Crites asked Mr. Wolfs to address the vacuum approach versus the blowers. Mr.
Wolfs stated that he had submitted to staff a time study which indicated that vacuuming takes
about three to four times as long as blowers as far as labor costs. He said he felt vacuums had
a use in landscaping, but they are not as effective in removing leaves and other matter from
under shrubs and from rock areas. Councilman Crites asked what Mr. Wolfs position was
relative to converting from blowers to vacuums, minus the issue of time. Mr. Wolfs responded
that he had not really studied the vacuum issue as much as blowers.
Mr. Bob Sandifer, 73-030 Deer Grass, and owner of Sunshine Landscape, felt there were
already enough restrictions on the books to control noise, etc. in the City.
Councilman Crites asked how large the area was in Indian Wells that Mr. Sandifer was taking
care of. Mr. Sandifer responded that one of the areas was over 500 units with 28 gardeners.
He added that banning the blowers would cause an increase of 20% in the gardening labor.
Councilman Crites noted that the Council had received an enormous number of letters from
people on both sides of this issue.
Mr. Jack Kerns, owner of Hort-Tech Landscape, stated that the blowers his company used are
manufactured by Echo. He said he felt vacuums looked just like blowers and actually made
more noise than blowers. He said they were useful on rock but did not do as good a job as
blowers. He added that he did not think vacuums were the answer.
Upon question by Councilman Spiegel relative to the decibel levels of leaf blowers, Mr. Kerns
stated that the new generation blowers would comply with the City's new ordinance.
Councilman Spiegel asked how much they would cost. Mr. Kerns responded that the
gentleman from Echo indicated they would run about $429 retail. He said he had also heard
discussions about a buy-back program for older blowers, and there was also talk in the
committee meeting about funds available through the State for buy-back to get rid of the older
blowers.
Councilman Spiegel noted that he had that day received a poster relative to "International Noise
Awareness Day" on April 30, 1997. He said the poster noted decibel levels, indicating that the
highest level, 140 decibels, was a jet taking off, a jack hammer, and a leaf blowers. At 120
decibels was a rock concert, a subway, and a loud personal stereo. At 100 decibels was trucks,
and factory machinery. He said the poster also noted that noise over 85 decibels can be
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damaging to one's hearing. At 80 decibels was an air conditioner and a ringing telephone, 60
decibels was normal talking, 40 talking soft whispers, and 20 decibels a watch ticking.
MR. STEVE TRUSSER, Golden Eagle, distributor for Echo products, stated that he did not
know where these numbers came from. He stated that the standards set by the Federal
Government rated the dba at 50 feet from the operator. He noted that the original blower he
sold at Echo was rated at 76 dba and that the new generation blowers recently tested came in
at 64.8 dba. He added that the ratings were printed on the tops of their blowers.
Councilman Spiegel noted that the poster he had received had come from The League of the
Hard of Hearing, 71 West 23rd Street, New York, New York.
MR. MICHAEL BASSMAN, 73-490 Buckboard Trail, Palm Desert, spoke in opposition to
leaf blowers because of noise and the pollutants they blow into the air.
MR. PAUL TORTERILLA (sp.?) stated that he was a gardener, and he spoke in favor of
allowing the use of leaf blowers.
Councilman Spiegel stated that at the last meeting two Councilmembers were selected to be part
of a committee to look at this issue with gardeners, etc., and he asked for comments from the
committee.
Councilman Snyder stated that the predominance of his mail regarding this issue was to ban the
blowers. He said the committee met to try and find a compromise. It discussed modification
of the ordinance to allow the use of blowers at certain times per day as well as other programs.
Another area discussed was the fact that the older blowers are the noisier ones and also the fact
that some people do not know how to properly operate them. He said manufacturers indicate
they should be operated at 50% of their power and will work satisfactorily at that level. The
committee also discussed the possibility of a program where the City would have some money
from perhaps the State, and people could turn in their old blowers and receive assistance in
purchasing the newer generation blowers. He said he would personally like to see the blowers
banned; however, he felt there might be ways to reduce the problems, teach people how to
properly use the blowers, etc.
Councilmember Benson added that the meeting was primarily a meeting session, and as Ms.
Bridges indicated in her report, the outdoor test, although there was wind, the Echo machine
was a lot quieter than the gas -driven one. She said there was also a demonstration of a lawn
mower and edger, and they were just as obtrusive as the loud gas blower. She said there was
a comment that the test was not being done against a solid brick wall, so they moved over to
such a wall, and there were primarily the same readings against the wall as in the open space.
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Councilman Spiegel asked if this meant the new leaf blower was less noisy than the weed
whacker, and Councilmember Benson agreed. She noted that the weed whacker and blower
were gas, but the blower was quieter.
Councilmember Benson noted that this issue had heightened the awareness of noise around the
neighborhood and how everyone would like to get rid of all of them, mainly the trash pickup
and the recycling as they dump into the trucks. She said she agreed with Councilman Snyder
and would like to see the blowers totally banned; however, she also did not think everything
could be totally banned in life and that people have to learn to live with some things and adjust
as well as possible. She added that Councilmembers are elected to look at all sides of an issue,
try to involve the community in the decision, and try to work out a decision to the best of their
abilities. She commented that when people think the Councilmembers are being one way or
the other, she liked to think that the Councilmembers are independent thinkers and were elected
to be independent thinkers. She said the Council was not being lobbied, pro or con. She noted
that she was very encouraged by the fact that staff had advised there are programs available for
people to trade in old equipment and get new, and she would be very much in favor of working
out a program where the old equipment could be brought in and exchanged for new.
Councilman Spiegel stated he had received a lot of letters and comments both in favor of
banning leaf blowers and also opposed to a ban on leaf blowers. He said he felt if blowers are
allowed, that should include some hours on Saturdays when some homeowners do their own
yards. He expressed concern with the $429.00 cost for the newer generation blowers which
he felt would probably not be a problem for the bigger companies but would for the smaller
ones, and he felt that something should be done to help the smaller companies. He said he was
not sure electric vacuums were the answer because too many people use rock instead of grass.
Councilman Crites stated that he did not think the City's policy could be based solely on cost,
and there would be no change to have a better environment in this world if people said it just
cost too much to do things; i.e., unleaded gas, reformulated things, air quality and water
quality standards. He said he did not know of any changes on any policies that would get rid
of all the problems. He said he had looked carefully at the Los Angeles ordinance which
banned gas -powered blowers within 500 feet of a residence unless they meet a certain decibel
standard. The City of Indian Wells has banned them, except homeowners can use an
electrically powered blower if they are doing their yard work themselves. He said if the person
who owns the house is allowed to use a blower, the person that is hired to do yard work for
that house should also be allowed to use one, and he felt Indian Wells' policy was very
inconsistent. He expressed concern about passing ordinances that appear to help people but that
cannot be enforced. He said he still needed to be convinced that noise and amount of dust in
the air can be significantly lowered.
Mayor Kelly noted that none of the associations had banned the blowers in their gated
communities. He agreed with Councilman Crites that people who do their own yards usually
do so on Saturdays, and he felt the blowers should be allowed at some times on Saturday.
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Councilmember Benson stated that she would agree, if the Council were to change the hours,
that the working people need Saturday morning, and perhaps the blowers should be allowed
for some time on those mornings.
Councilman Spiegel agreed with Councilman Crites that this will be difficult to enforce.
Ms. Bridges stated that a well -trained Code Compliance Officer would have to conduct an
investigation, and through that investigation violations are determined. She said that was how
the Department addressed all violations of the City's Code. Unless caught in the act at the
moment, an investigation will ensue, and from that investigation it will be determined if any
future violations would occur. She said enforcement of hours was easy for the Department,
and any use outside of those specified hours would be a violation.
Councilman Spiegel asked if anything came up during Committee discussions relative to
licensing of the blowers. Ms. Bridges responded that the Committee had discussed permitting
and that staff would like to research this matter and come back to Council at a later date.
Another item to be brought back to Council at a later date would be any incentive programs
or monies that would be available through any Federal or State programs that could be
qualified for.
Councilman Spiegel asked if a possibility would be to work with a bank to provide a loan that
the City would stand behind. Ms. Bridges responded that this would be a possibility.
Councilmember Benson stated that this is one thing that would need to be looked at seriously
and perhaps see within six months what could be accomplished on a program such as that
because the City subsidizes other things such as child care, housing, etc., and if it is an
economic hardship for someone to trade in their old one, it behooves the City to help them
because that in term is helping the entire City.
Councilman Crites stated that whether correct or not correct, the majority of the Council was
going to leave some use of blowers within regulated times, within regulated decibels, and that
at least commercial users would have to use only blowers that meet a certain level. He noted
that the City of Indian Wells ordinance permanently installs throttle controls so that they cannot
be used past half speed which also significantly reduces the amount of noise and how far the
pollutants are spread. Councilman Crites noted that if citizens decide this is either not enough
or too much, they have the right to propose to place something of their own choice on a City
ballot.
Mr. Erwin agreed and stated that this would be a referendum because it calls into question
whether the ordinance the Council has passed should be approved by the voters. He said that
was the reason for the 30-day period of time after second reading of the ordinance before it
goes into effect.
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Councilman Crites asked what percentage of citizens would have to sign a petition.
Mr. Erwin stated that it was his understanding that it was a certain percentage of the voters
who voted at the last election in the City. He said he thought that number was 10% but that
it could be 15 %. He said this would then be vote on at an election and depending on the
outcome, the ordinance would either be passed or not passed. Upon question by
Councilmember Benson, he said if a certain percentage of signatures is received, it goes on a
regular election ballot, probably in November. If it is above that percentage, then the Council
can call a special election for the purpose of having it acted upon.
Councilman Crites asked if citizens could propose, through the initiative process, their own
solution to a problem, and Mr. Erwin agreed.
Councilman Spiegel stated that perhaps the gated communities should be looked at differently
than the rest of the City since they take care of their own roads, etc.
Councilmember Benson stated that the committee discussed the issue of treating homeowners'
associations and country clubs differently if they wanted to have blowers, and the reason this
was left out of the new ordinance was because the proposed hours are the same as the
associations.
Councilman Spiegel stated that if a decibel level is set, it could be different for these
associations.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 842 to second reading
as amended to permit leaf blowers that are of the 70 decibel or less range during the hours of 8:00 a.m. to
3:00 p.m. Monday through Friday, 10:00 a.m. to 2:00 p.m. on Saturday, no use on Sundays or government
holidays, that these leaf blowers be licensed by the City of Palm Desert by a certain date, and that this license
be identifiable so that anyone from Code Enforcement could drive up and down to street to make sure whether
people are in compliance, and that the City look at the possibility of aiding those small landscapers that find
the price of the blower a hardship.
Councilman Crites asked whether homeowners would have to bring their leaf blowers down
to City Hall and have them licensed, and Councilman Spiegel agreed.
Motion was seconded by Benson.
Councilman Crites stated that the City of Indian Wells restricts the throttle speed so that it
lowers the distance to which debris is blown, and this deals with commercial blowers.
Councilman Spiegel and Councilmember Benson agreed to this friendly amendment. Motion carried _-
by unanimous vote of the Council.
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Mr. Diaz noted that staff would have before the Council at its next meeting a resolution
addressing the licensing of the blowers.
With Council concurrence, Mayor Kelly recessed the meeting at 6:20 p.m. for dinner with the
winners of the 1997 Student Art & Essay Contest. He reconvened the meeting at 7:00 p.m. for the awards
ceremony.
Following the public hearing at 7:00 p.m., Councilman Crites moved to reopen this matter for
clarification of one of the issues. Motion was seconded by Spiegel and carried by unanimous vote.
Councilman Crites moved to, by Minute Motion, clarify first reading of the ordinance to note that
the licensing requirement for these mechanisms is directed toward commercial use of the mechanisms.
Councilman Spiegel stated that, in other words, individual homeowners would not have to
come down and obtain a license, and Council agreed.
Motion was seconded by Spiegel and carried by unanimous vote.
For Adoption:
A. ORDINANCE NO. 827 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING THE CREATION OF A FREEWAY
COMMERCIAL OVERLAY ZONE DISTRICT Case Nos. ZOA 97-1 and C/Z 97-2.
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 827. Motion was
seconded by Benson and carried by unanimous vote.
B. ORDINANCE NO. 830 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING SECTIONS 9.24.020 AND 9.24.075 TO
CHAPTER 9 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, TO
PROHIBIT THE USE OF LEAF BLOWERS WITHIN THE CITY OF PALM DESERT.
Mr. Erwin stated that the Council did not have to take any action on this ordinance, and no
action meant that the ordinance would not be effective.
No action was taken by the City Council relative to Ordinance No. 830.
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C. ORDINANCE NO. 831 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Eldorado Drive from Frank Sinatra
Drive to Hovley Lane).
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 831 Motion was
seconded by Spiegel and carried by unanimous vote.
D. ORDINANCENO. 832 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Gerald Ford Drive from Monterey
Avenue to Portola Avenue).
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 832. Motion was
seconded by Spiegel and carried by unanimous vote.
E. ORDINANCE NO. 833 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Frank Sinatra Drive to Tamarisk
Row Drive).
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 833. Motion was
seconded by Spiegel and carried by unanimous vote.
F. ORDINANCE NO. 834 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Portola Avenue from Gerald Ford
Drive to Country Club Drive).
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 834. Motion was
seconded by Spiegel and carried by unanimous vote.
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G. ORDINANCE NO. 835 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Oasis Club Drive to Hovley Lane
East)
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 835. Motion was
seconded by Spiegel and carried by unanimous vote.
H. ORDINANCE NO. 836 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL
CODE RELATIVE TO ESTABLISHING SPEED ZONES (Tamarisk Row Drive from Frank
Sinatra Drive to Country Club Drive).
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 836. Motion was
seconded by Spiegel and carried by unanimous vote.
I. ORDINANCENO. 837 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A MASTER PLAN OF DEVELOPMENT,
CHANGE OF ZONE TO PCD (PLANNED COMMUNITY DEVELOPMENT) AND
CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR 270 +/- ACRES GENERALLY LOCATED SOUTH OF
INTERSTATE 10 EAST AND WEST OF COOK STREET. ALSO KNOWN AS WONDER
PALMS COMMERCIAL CENTER Case No. C/Z 96-6.
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 837. Motion was
seconded by Spiegel and carried by unanimous vote.
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J. ORDINANCE NO. 838 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ----
PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR
270 +/- ACRES GENERALLY LOCATED SOUTH OF INTERSTATE 10, EAST AND
WEST OF COOK STREET. Case No. DA 97-2.
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 838. Motion was
seconded by Benson and carried by unanimous vote.
K. ORDINANCE NO. 839 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP, BY CHANGING THE ZONE IMPLEMENTING
RECOMMENDATIONS OF THE PROJECT AREA 4 SPECIFIC PLAN Case No. C/Z 97-3.
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites asked whether this still excluded the exponent dealing with large domestic
animals, and Mr. Drell responded that staff would be coming back to the Council at the next
meeting or the meeting after regarding this matter.
Councilman Crites moved to waive further reading and adopt Ordinance No. 839. Motion was
seconded by Spiegel and carried by unanimous vote.
L. ORDINANCE NO. 841 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING
ORDINANCE TEXT CHAPTER 25.76 - NONCONFORMING LOTS, BUILDINGS, AND
USES. Case No. ZOA 97-3.
Mr. Diaz stated that no changes had been made to this ordinance since its introduction, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 841. Motion was
seconded by Spiegel and carried by unanimous vote.
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VII. CONSENT ITEMS HELD OVER
L. REQUEST FOR AWARD OF CONTRACT for the Monterey Avenue Sidewalk Project
(Contract No. C12080, Project No. 697-97).
Councilman Spiegel asked whether the City of Rancho Mirage was contributing to this project
and whether the Monterey Country Club Homeowners Association was contributing to the
landscaping. He said residents of Rancho Mirage would be using the sidewalk as much as
Palm Desert residents, and the City of Rancho Mirage had indicated it would like to have a
sidewalk but that there was not enough room to do so.
Mr. Folkers stated that the sidewalk project was a 100% City of Palm Desert project. He said
the bulk of pedestrian activity was from Palm Desert, and it was staffs feeling that the City
of Palm Desert should go ahead and put in the sidewalk.
Councilman Spiegel asked whether the City of Rancho Mirage had been asked to participate,
and Mr. Folkers responded that he had discussed this with the Public Works Director and City
Manager in Rancho Mirage, and they had indicated Rancho Mirage would not participate.
Mr. Diaz indicated that he had not discussed this issue with the Rancho Mirage City Manager.
Councilman Spiegel asked whether it would be appropriate for the Mayor to send a letter to the
Mayor of Rancho Mirage requesting that city's participation. Mr. Folkers agreed but asked
that the Palm Desert Council in the meantime approve staffs recommendation as outlined in
the staff report.
Councilman Spiegel moved to, by Minute Motion; 1) Award Contract No. C12080 to Contreras
Construction of Coachella, California, the apparent low bidder, in the amount of $149,672.25 plus a ten
percent contingency in the amount of $14,967.22 for the Monterey Avenue Sidewalk Project; funds are
available from the Sidewalk Improvement Account No. 400-4616-433-4001; 2) direct staff to send a letter to
the Rancho Mirage requesting its participation in the funding of the sidewalk.
Mayor Kelly stated that he would like to concentrate on the City of Rancho Mirage's
participation because basically the City of Palm Desert for half of Rancho Mirage's sidewalk
on the bridge. He said Palm Desert ought to get its money back for that sidewalk which will
help pay for this sidewalk.
Motion was seconded by Benson and carried by unanimous vote.
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M. RF,Q, LEST FOR AWARD OF CONTRACT for Landscape Project Associated with the
Monterey Avenue Bridge Project 605-96 (Contract No. C12030)
Councilman Spiegel asked whether anyone else was participating in the funding of this
landscaping.
Mr. Folkers responded that this was supposed to be replacement landscaping, and CVAG
should pay $127,000.
Mayor Kelly stated that he was sure the City would be able to get CVAG to pay.
With the comment that pressure should be put on CVAG for payment, Councilman Spiegel moved
to, by Minute Motion, award the Contract No. C 12030 to Gali Landscaping of Reseda, California, for the
installation of landscaping along both sides of Monterey Avenue in the amount of $136,102.00, plus a ten
percent contingency in the amount of $13,610.20 and authorize the Mayor to execute the agreement; funds
are available from the Project Account No. 213-3613-433-4001. Motion was seconded by Benson and carried
by unanimous vote.
X. REQUEST FOR APPROVAL of Contract No. C12660 with Sunline Transit Agency for Street
Sweeping Services (Agenda Addendum item)
Councilman Crites stated he felt Sunline should do this as a last resort, and the first resort
should be to have a private company do the sweeping.
Mr. Folkers stated that Sunline did go out to bid again for these services, including to the firm
that complained it had not bid; however, no firms submitted bids.
Councilman Spiegel asked that staff let him know why the person who complained did not
participate in the bidding process.
Councilman Crites suggested that this matter be held for two weeks. Mr. Folkers responded
that the contract would start on May 5th.
Mr. Diaz stated that the purpose of the agreement is to be protected. He said Sunline does the
street sweeping as part of the PM10 funding that it receives. He said the agreement had been
looked at by the City Attorney, and staff would recommend that the agreement be approved.
The only other choice would be to hold it and not have them sweep any of Palm Desert's
streets while the other cities are getting their streets swept.
Councilman Crites stated a concern from the firm referred to by Mr. Folkers was that Sunline
had set the bidding so that it was the only firm that could bid. He said he would not vote for
this until he was sure that had not happened. He said as an alternative, he would suggest
moving this item forward but allowing the Mayor to sign the contract when he and Councilman
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Spiegel are satisfied as to the disposition of the questions raised and that they could come back
to the Council at its first meeting in May. If the questions had not been answered by that time,
the Council could do something about it then.
Councilman Crites moved to, by Minute Motion, approve Contract No. C12660 with Sunline Transit
Agency for street sweeping services, with the provision that such contract be signed only after Councilman
Spiegel and Mayor Kelly have looked at the issues brought up by the Council during this meeting and are
mutually satisfied as to the disposition of those items. Motion was seconded by Benson and carried by
unanimous vote.
VIII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF TRANSFER OF DEVELOPERS FOR THE GARDENS ON
EL PASEO PROJECT (JOINT MATTER WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Mr. Ortega reviewed the staff report in the packets and offered to answer any questions.
Councilman/Member Spiegel moved to, by Minute Motion, approve the transfer of developers for
The Gardens on El Paseo from the Madison Realty Partnership to Madison/Lend Lease -El Paseo LLC
" authorizing the Mayor/Chairman to sign said transfer documents for the City and Agency. Motion was
seconded by Snyder and carried by unanimous vote.
B. CONSIDERATION OF LETTER TO GOVERNOR PETE WILSON REGARDING THE
EDUCATIONAL REVENUE AUGMENTATION FUND (ERAF).
Mr. Diaz stated that after the staff report was given to the Council, staff had done further
research in terms of impacts of these bills and now recommended that the Council not support
these measures until the no and low tax cities are made whole and receive some of the ERAF
funds. He said there was also news from Sacramento that these measures will be vetoed by the
Governor and that there are not enough votes to overturn the veto.
Mayor Kelly stated it was his feeling that the City should not take a position of just opposing
the bill. He said he felt the City should support the bill but qualify that the City does not think
no and low tax cities are being recognized in the bill and ask our legislators to do whatever
they can to do something for these cities.
Councilman Crites suggested that the letter state the City of Palm Desert would support them
when they include no and low tax cities.
Councilman Crites moved to, by Minute Motion, direct staff to send letters of support for AB95,
SB880, AB1, and ACA4 but that the support be contingent on inclusion of no and low tax cities in the benefit
pool. Motion was seconded by Spiegel and carried by unanimous vote.
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C. CONSIDERATION OF A REPORT BY MUNIFINANCIAL SERVICES, INC. RELATIVE
TO THE CITY'S COMPLIANCE WITH PROPOSITION 218.
Mr. Gibson reviewed the staff report and recommendation to proceed with a consolidated
district and at the next meeting to adopt a resolution of intent to do a mail ballot.
Councilman Spiegel moved to, by Minute Motion, approve staff's recommendation. Motion was
seconded by Snyder and carried by unanimous vote.
Councilmember Benson asked whether the Council was going to look at appointing a member
to help on this committee. She suggested that one Councilmember and the City Clerk be
appointed to the committee to make sure the wording is correct.
With Council concurrence, Councilman Spiegel and City Clerk Sheila Gilligan were appointed to
the committee as outlined by Councilmember Benson. Councilman Crites ABSTAINED.
D.
REQUEST FOR APPROVAL OF CONCEPTUAL SITE PLAN FOR CIVIC CENTER
RECREATION FACILITIES (ROLLER HOCKEY, SKATEBOARD, AND DOG PARK).
Associate Planner Jeff Winklepleck noted the report in the packet. He stated that staff had
received 1000 signatures in favor of the project. He said there might be concern with one
portion of this project, the coated chain link fence for roller hockey. He pointed out that there
is approximately 65 feet of setback from curb face along San Pablo which would allow for
quite a bit of landscaping; if that is not acceptable, staff could look into some sort of wrought
iron fencing along the perimeter to disguise the chain link and would work with the Building
Department to make sure it meets code.
Councilman Spiegel asked how much more expensive it would be to use the kind of plexiglass
used for professional ice hockey.
Mr. Winklepleck stated that while it would be more expensive, staff had not gotten any bids
for two reasons: 1) plexiglass is more prone to vandalism, such as scratching; and 2)
plexiglass would not allow for air circulation which is needed due to the intense heat in the
desert.
Councilmember Benson said she would agree with the wrought iron to disguise it.
Councilman Crites agreed, especially since the City has problems with the fact that the College
of the Desert has chain link fencing across the street from City Hall.
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Mayor Kelly stated that the chain link could be backed with wrought iron.
Mr. Winkepleck stated that staff would come up with something that would disguise the chain
link and make everything will work the way it is supposed to, including spectator viewing.
Mayor Kelly stated that he felt it should be chain link with wrought iron against it, between the
chain link and the street.
Mr. Diaz stated that staff would come back to the Council with drawings to show exactly what
it will be like.
Upon question by Councilman Spiegel, Mr. Winklepleck stated that staff would work with the
YMCA in running this and the skate park. He added that each of these components (the roller
hockey rink, skate park, and dog park) will be before Council again.
Councilman Snyder moved to, by Minute Motion, approve the conceptual site plan and direct staff
to proceed with the design/estimate phase for each of the projects, with staff to come back to Council with
plans for the fencing. Motion was seconded by Spiegel and carried by unanimous vote.
E. INFORMATIONAL ITEMS:
1. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Cook Street
c. I-10/Monterey Avenue
Mr. Folkkers updated the Council on the progress of these interchanges, noting that the
grand opening of the I-10/Cook Street interchange was scheduled for 8:15 a.m. on
Friday, May 9, 1997.
2. Progress Report on Retail Center Vacancies
Mr. Drell noted that the permit for construction of Saks was ready to be picked up at
the Department of Building and Safety.
Councilman Spiegel stated that the committee had met with the owners of Metropolitan
Theaters who indicated they were negotiating with the City of Rancho Mirage to open
a 16-screen theater out by the International House of Pancakes restaurant on Monterey
Avenue. He said they had not yet signed a deal and indicated they would put the
theaters in Palm Desert if the City were to give them 15 acres of land. They also
indicated they did not want to start remodeling the theaters in the Palm Desert Town
Center until the new theater opens as well as an eight -screen theater in the Walmart
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shopping center in La Quinta. He added that there were also rumors that they were
talking to Cathedral City.
IX. CONTINUED BUSINESS
A. CONSIDERATION OF APPROVAI < OF TRANSIT CAPITAL IMPROVEMENT (TCI)
GRANT.
Mr. Wohlmuth reviewed the staff report, noting that subsequent to preparing its report, staff
was having problems with RCTC, CTC, and Caltrans in getting the $482,000 committed for
this project (on the City's 10-acre site near the Price Club). He said the CTC would consider
on April 30 and May 1 reallocation of this money for two BART stations in Contra Costa
County, and they wanted to transfer the funds to that county. Hesaid staff had been working
with RCTC to get their commitment that this site, if built, would be served by enhanced
Amtrak throughway service or enhanced bus service that would connect with Metrolink or any
other bus service to the Coachella Valley. He noted that since last week, staff had been unable
to get those commitments from RCTC, and staff was prepared to change its recommendation
at this time. He said staff was initially working on a project on the Town Center site for an
intermodal station, which is a need that exists right now and which would require negotiations
with the Palm Desert Town Center. He said staffs recommendation at this point was that staff
not go up to the CTC meeting on April 30 and May 1 since the Board and the Executive
Director were not going to support this.
Mayor Kelly read a letter that was sent to Jack Reagan by the City Manager and which he had
not seen before it was mailed. He noted that RCTC had come up with the money, and it was
the idea of their staff to use that money to supplement some kind of bus service to the
Coachella Valley to connect with Metrolink. As they were working on that, Amtrak (which
comes through Palm Desert already) was interested in something where we would stay on the
freeway as they make a stop in Indio, Thousand Palms, North Palm Springs, the Pass area, and
then depending on whether it was going on to San Bernardino or Riverside, make a stop in the
Calimesa area or Moreno Valley, and then connect both with Metrolink and Amtrak. RCTC
staff was eager to work on that. Then it got into the $482,000 which is going to go to Contra
Costa County. He said if you look at our location, it is not really anything to look at unless
there is a train station there; on the other hand, we could come up into the parking area of
Price Club and Sunline would be willing to put up some nice shelters which they have been
developing themselves and which would have a mist system where people waiting for the bus
could push a button and the mist would run for 20 minutes to help keep the shelter cool. He
said he talked to a commissioner with the California Transportation Commission who
represents this area on the Commission, and he was not enthusiastic about supporting a parking
lot out in an area where there is no train. He said tax payers' money would be better spent at
a facility like the one in Contra Costa County where it is full. He noted he had just received
a letter from Mr. Jack Reagan of RCTC indicating that "it would seem that the issue of getting
commitment from Caltrans for the Amtrak throughway bus service at I-10 and Monterey is now
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a moot point". He said he interpreted that to say if we are not going to build the station and
spend the $482,000, they are not going to help us get Amtrak through there. He said he
needed to talk to Mr. Reagan to find out if he really means what he says in the letter because
there are other cities besides Palm Desert that would be affected by this. He said he felt right
now an intermodal station in town would mean far more to Palm Desert and would be far more
practical than one out in the Price Club area. He said the staff of the California Transportation
Commission would love to help Palm Desert get a grant for a downtown intermodal station.
Mr. Wohlmuth stated that in talking to the California Transportation Commission, it might be
to the City's advantage to offer the $482,000 to Contra Costa County in hopes they would
consider a reapplication in the September cycle for a Palm Desert Town Center intermodal
station. He said it may look favorably at an application in September if Palm Desert lets the
Board and Executive Director know that we are not going to go up there and fight for the
$482,000. With regard to Jack Reagan's letter, he said he had directed Ray Janes to prepare
the letter signed by the City Manager because Mr. Reagan had come and talked to staff a week
ago. Since Palm Desert had already made reapplication for the intermodal station, Mr. Reagan
asked Palm Desert to back off with the reapplication for the Town Center because he wanted
to enhance the bus service out by Interstate 10. Staff was asking him to make the commitment
that if Palm Desert builds something, he will deliver buses to that site, and that was what the
intent of the letter from the City Manager to him. He also noted that the City met the
environmental process on the site three years ago when the Metrolink service out to the Valley
was discussed, and staff had indicated to the Board that the City could do the hazardous
material in approximately 30 days before the money had to be encumbered.
Mayor Kelly stated that City staff was working with CTC staff, but RCTC feels it is the agency
that should be doing this. He stated he felt the Council should follow staff's recommendation.
Councilman Snyder moved to, by Minute Motion, direct staff to not pursue the grant at this time for
the area out by the Price Club and instead to pursue an intermodal station down town as well as a bus route.
Motion was seconded by Spiegel and carried by unanimous vote.
Mayor Kelly noted that last year Senator Kelley fought tenaciously for a bill to provide
intercity rail. He said the reason he did that is that we cannot connect to Metrolink. As an
alternative, the bill that Senator Kelley put in would provide funding for intercity rail and this
would be designated as a corridor, with the idea that we would actually have funding to be able
to get a train out here. He said he had started about four months ago to try and get the Chair
of RCTC to meet with Dick Cromwell of Sunline, himself, and other people in the Valley to
begin discussions about how to get a train out here, but the Chair refused to meet. The
Chairmanship changed, and the new Chair agreed to meet but has not had a chance to do so.
In the meantime, in Sacramento they are already utilizing that bill and they have a train
running. He said this upset Senator Kelley that they already have a train while he fought so
hard for that bill and we do not have anything running. He said he would be going to
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Sacramento on Sunline business the following week and had set up an appointment with
Senator Kelley to discuss these issues.
X. OLD BUSINESS
A. REQUEST FOR APPROVAL OF LEASE OF PROPERTY FROM DESERT COMMUNITY
COLLEGE DISTRICT FOR SOLAR HYDROGEN REFUELING FACILITY.
Mr. Erwin noted the staff report and proposed lease agreement in the packets. He stated that
the College Board had approved this lease agreement last week subject to some final
determination on the language of the insurance issue. He suggested that the City's Risk
Manager and a representative of the JPIA meet with representatives of the College of the
Desert so that everyone is talking the same language. He asked that the Council approve the
lease subject to his final approval of the language.
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute a Lease
Agreement with the Desert Community College District for the site of the Solar Hydrogen Refueling Station
(Contract No. C12630), said approval to be subject to the City Attorney's final approval of the language.
Motion was seconded by Crites and carried by a 4-1 vote, with Councilmember Benson voting NO.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS
PRIOR TO THE CITY COUNCIL MEETING.
B. REQUEST FOR APPROPRIATION FOR THE PRODUCTION OF A PALM DESERT
HISTORICAL VIDEO, AN ECONOMIC DEVELOPMENT VIDEO, AND AN ECONOMIC
DEVELOPMENT BROCHURE.
Mrs. Gilligan noted the report in the packets and offered to answer any questions.
Councilmember Benson questioned the need for 7,000 brochures. Councilman Spiegel
responded that this brochure would also be used by the Chamber of Commerce.
Mrs. Gilligan added that the cost for 5,000 brochures was $19,249, while 7,000 brochures
would cost $19,469.
Councilman Snyder moved to, by Minute Motion, appropriate $38,869 for the production of a City
of Palm Desert historical video, an Economic Development video, and an Economic Development brochure.
Motion was seconded by Spiegel and carried by unanimous vote.
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XI. REPORTS AND REMARKS
A. CITY MANAGER
1. Mr. Diaz noted that the plaque at the new library had been vandalized, with a lot of the
letters removed. He said staff had received an estimate to replace the plaque with a
better type of material. It would contain all of the same information it now has but
would be of a type of material that is more resistant to vandalism. He said unless
Council had objections, he would authorize the payment of half of the cost by the City
of Palm Desert, with the College of the Desert to pay the other half.
There were no Council objections to this request.
2. Mr. Diaz asked that Council add to the Agenda consideration of a contract with a
consulting firm for the Business Support Manager position.
Councilman Crites moved to add this item to the Agenda for consideration. Motion was seconded
by Snyder and carried by unanimous vote.
Mr. Diaz stated that staff recommended retaining the firm of Marvin Laba and
Associates in an amount not to exceed $18,600 to help recruit for this position and
extend the period for recruitment for an additional six weeks. He said staff felt the
expertise of this firm and the uniqueness of this type of position warranted the
expenditure of funds to retain a consultant to help fill the position. He noted that Mr.
Wohlmuth was available to answer any questions.
Mayor Kelly stated that he was impressed by the process and the work this firm does.
Councilman Spiegel noted that in 1986 the City of Palm Desert had $234 million in
retail sales, while the City of Palm Springs had $271 million. In 1996 the City of Palm
Springs had $266 million, down from $271 million in 1986, while the City of Palm
Desert had $590 million. He said that with all of the things that Council wants to do
in the City, there is a need to continue to grow in retail sales in order to fund those
things. He said he felt the person to fill this position should come from the private
sector instead of the public sector because they speak a different language. He said the
City can teach someone the public sector, but it can't teach someone the private sector.
He noted that he had known Mr. Laba for about 20 years.
Councilmember Benson moved to, by Minute Motion, approve staffs recommendation to retain the
firm of Marvin Laba and Associates in an amount not to exceed $18,600, authorize the Mayor to execute the
contract (No. C12700), and appropriate the funds from the unappropriated reserves. Motion was seconded
by Crites and carried by a 4-0-1 vote, with Councilman Spiegel ABSTAINING.
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3. Mr. Diaz stated that a fax had been received today from the City of Cerritos to the —
Redevelopment Agency asking for support of AB1342 which would extend the lifetime
limitations for redevelopment plans and agencies. He said the City's lobbyist, Joe
Gonsalvez, recommended that the City support this measure.
Councilman Crites moved to place this matter on the Agenda for consideration. Motion was
seconded by Benson and carried by unanimous vote.
Councilman Crites moved to, by Minute Motion, direct staff to send a letter of support and ask that
those who represent the City in Sacramento be involved in supporting this legislation. Motion was seconded
by Spiegel and carried by unanimous vote.
4. Mr. Diaz reported that the City of Indio had Senator Kelley supporting an Eastern
Valley intermodal transportation authority measure through the legislature. He said the
City of Palm Springs had contacted him, and they met with representatives of Indio,
Corky Larson, and members of CVAG staff. He said the concern they had was that
this type of authority should be Valley -wide instead of just for one city, and Palm
Springs indicated it would be sending a letter of recommendation against that
legislation. He said he had indicated to Indio that he would recommend that rather than
holding up the measure, if the City of Palm Desert could be assured by the City of
Indio that it would support a Valley -wide authority and eventually fold in the eastern
Valley transportation authority if it is created, he would recommend to the Council that
the City of Palm Desert not oppose the measure and that, in terms of operation and
control of their station, he would recommend to the Council that every city that has a
station would have control of those operations. He added that he just wanted to report
on this as an informational item.
Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Benson and
carried by unanimous vote.
Councilmember Benson moved to, by Minute Motion, direct staff to proceed with inclusion of the
City of Palm Desert in the Valley -wide authority. Motion was seconded by Spiegel and carried by unanimous
vote.
B. CITY ATTORNEY
1) Report and Action on Items from Closed Session Made at This Meeting.
None
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Mr. Erwin noted the items listed on the Agenda for Closed Session:
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:
Conference with Real Property Negotiator pursuant to Section 54956.8:
Property: APN Nos. 771-050-003, 004, and 771-060-002
Negotiating Parties:
Agency: City of Palm Desert
Property Owner: C.C. Meyers
Under negotiation: Price Terms of Payment
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
1. Special Issue of City Newsletter on Utility Deregulation (Councilman Buford
A. Crites).
Councilman Crites suggested that the City, before the summer high bills hit, put
out a brief newsletter telling residents what the State legislation does and does
not mean in terms of utility deregulation. He said a lot of people were
expecting a lot more and quicker than what will actually happen. He noted that
CVAG was working with the City Clerk on such a newsletter, which he hoped
to get out to residents by June. He added that Assemblyman Battin was very
supportive of this idea and that he had advised that the newsletter would be run
by him and Senator Kelley to make sure the facts are correct.
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Mayor Kelly asked whether other City Managers were working together and
getting out the same information to everyone.
Councilman Crites stated that he had no objections to doing so but that staff was
working with CVAG, which was the original direction.
Mr. Diaz noted that John Wohlmuth was working on this matter. Mr.
Wohlmuth stated that he had been appointed by the City manager to work with
Assistant City Managers in other cities to do this. He said he would try to get
the other two cities to meet with him shortly to try and come up with a common
article. He said he would then take this to Councilman Crites for review.
Council agreed.
2. Councilman Spiegel stated that he was aware that burglaries are up dramatically
in Palm Desert. He said that in talking with Captain Bloomquist, he found that
there is a form available for citizens to fill out when they go on vacation, and
the police department will stop by daily to check their homes. He asked that the
City Clerk put this information in the next newsletter indicating to citizens that
these forms are available and advising how they can obtain them.
3. Mayor Kelly noted that he had a letter wherein the Coachella Valley Recreation
and Park District will be going to the voters regarding an assessment which will
cost people $.82 per month. He said the District contributes a lot to the City's
youth program, and if this assessment does not pass the City will really have
problems. He said this would be going out the middle of May as a mail ballot.
Councilmember Benson stated that information will be sent out shortly from the
City regarding its assessments as well as what the District is mailing. She
expressed concern that people will start receiving one right after another because
of the passage of Proposition 218 and then all of the assessments will be
defeated.
Councilman Crites moved to add this item to the Agenda. Motion was seconded by Spiegel and
carried by unanimous vote of the City Council.
Mayor Kelly asked that Council direct the Mayor to send a letter of support to
the Coachella Valley Recreation & Park District.
Councilman Spiegel moved to, by Minute Motion, direct the Mayor to send a letter of support to the
Coachella Valley Recreation & Park District. Motion was seconded by Crites.
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Councilman Crites asked whether this was something that could be discussed in
a City newsletter, and Mr. Erwin responded that it could.
Mrs. Gilligan noted that the newsletter could indicate that the City supports this.
Councilmember Benson stated that if something is going to be in the newsletter,
it should not be issue by issue but rather have something to the people indicating
they will be receiving various things to vote on that were caused by Proposition
218 and the City wants them to know what effect this will have on the citizens
and the community. She said she felt it should be a general article on the whole
subject rather than just supporting the District, and she felt there should be
something to explain why they are getting these since a lot of people do not
even know what Proposition 218 was.
Mayor Kelly called for the vote. Motion carried by unanimous vote of the Council.
XII. ORAL COMMUNICATIONS - B
None
XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
See individual items for Council discussion and action.
XIV. ORAL COMMUNICATIONS - C
None
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF CERTIFICATES OF ENVIRONMENTAL ACTION TO ISABELLE
DE LA ROSA, JANICE WILHELM, KAREN MEEKER, BELL YARNELL-KIEF,
ELIZABETH WOLFE, NOELLE RIGGINS, LESLIE RIGGINS, WARD RIGGINS, JUDY
REEDER, BOONE PULIS, DEDE PITRUZZELLI, SYLVIA PASTERNACK, SUSAN
O'BRIEN, TRISHA MONROE, ROSEMARY MINDIOLA, STEVE MERRITT, JONATHAN
MARCUS, CHRIS LYMAN, AND EMMETT GEORGE.
Mayor Kelly and Environmental Conservation Manager Lisa Constande presented Certificates
of Environmental Action to the above mentioned individuals.
Assemblyman Jim Battin presented a resolution to the City Council in appreciation of
SpringFest '97.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 1997
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B. PRESENTATION OF AWARDS TO WINNERS OF THE 1997 STUDENT ART & ESSAY
CONTEST.
Mayor Kelly, Contest Chairperson Sloane Halloran Lewis, and Civic Arts Committee
Chairman Evelyn Bennett presented awards to the following:
Best of Show - Essay - Michael Wiener, Grade 8, Palm Desert Middle School
Best of Show - Individual Art - Sabrina Mauricio, Grade 12, Palm Desert High School
Best of Show - Group Mural - Ms. Gillentine's 1st Grade Class, Abraham Lincoln School
1997 Perpetual Award - Principal Jackie Colaruso, Abraham Lincoln School
Mayor's Special Award - Group Art - Ms. Egan's 8th Grade Class, Palm Desert Middle School
Mayor's Special Award - Group Essay - Kindergarten Class of Ms. Marks and Ms. Mascho,
Washington Charter School
Mayor's Special Award - Individual Art - Crystal Hernandez, Grade 11, Palm Desert High
School
Mayor's Special Award - Individual Essay - Bernice Gonzalez, Grade 2, Abraham Lincoln
School
Mayor Kelly read the winning essay as follows:
"If I could design public art it would be a mother and daughter walking, holding hands. It
would be a big sculpture made out of metal. I would put it in the park in Palm Desert with sun
flowers growing around it. When I would look at the sculpture of the mother and daughter
together, it would make me feel good and close to my mom. I want other people to feel close
to their moms too."
Mayor Kelly noted that he had been very touched by this writing, and he suggested that the
Council approve the commission of an artist to actually make a statue as outlined in the essay.
He also suggested that Bernice and her mother be used as models for this statue.
Col. Alvin O. Mark Art Award - Lea Stocker, Grade 12, Palm Desert High School
Paula N. Kroonen Essay Award - Michael Wiener, Grade 8, Palm Desert Middle School
Mural Category - Group Entries - Ms. Martin, Grade K, St. Margaret's Episcopal School; Ms.
White, Grade 1, Abraham Lincoln School; Ms. Wiener, Grade 2, Abraham Lincoln School;
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 1997
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Ms. Ewing, Grade 3, Abraham Lincoln School; Ms. Johnson, Grade 4, Washington Charter
School; Mr. Sitko, Grade 5, Abraham Lincoln School; Ms. Egan, Grade 8, Palm Desert
Middle School
Art Category - Individual Entries - Jay Jerez, Grade K, Abraham Lincoln School; Arron Horn,
Grade 1, Abraham Lincoln School; Vanessa Branger, Grade 2, Abraham Lincoln School; Julie
Ann Becker, Grade 3, Gerald Ford Elementary School; Zack Fleming -Boyles, Grade 4, Gerald
Ford Elementary School; Bethany Walker, Grade 5, Sacred Heart Catholic School; Kate
Crumpton, Grade 6, Palm Desert Middle School; Paul Heredia, Grade 8, Palm Desert Middle
School; Ashlee Weiss, Grade 9, Palm Desert High School; Jesse Cameron, Grade 10, Palm
Desert High School; Christian Niles, Grade 11, Palm Desert High School; Sabrina Mauricio,
Grade 12, Palm Desert High School
Essay Category - Individual Entries -Maral Babai, Grade 1, St. Margaret's Episcopal School;
Cameron Bridges, Grade 2, Abraham Lincoln School; Max Weiner, Grade 3, Washington
Charter School; Trevor Strong, Grade 4, Washington Charter School; Crystal Padilla, Grade
5, Sacred Heart Catholic School; Nick Rondeau, Grade 6, Palm Desert Middle School.
Mayor Pro-Tempore Benson stated that it was such an inspiration to see these children win the
awards and that some of the Councilmembers had seen some of the children since they were
in kindergarten walk up to receive their awards year after year. She congratulated the students,
the teachers, and parents.
She noted that several months ago Michael Wiener had approached her and asked that she write
a letter for him. She said that each year Pizza Hut and National Geographic Hall of Fame ask
for nominees from the community, and she wrote a letter of support for him. She noted that
a number of years ago Michael came and spoke to the City Council and asked that it adopt an
ordinance prohibiting smoking in restaurants because it is offensive to kids and detrimental to
their health. She stated that Michael's parents had just shared with her today a letter he had
received congratulating him on being selected as one of the 12 finalists. She explained that this
was an annual search for young people who are making or who have made a positive difference
for their family, school, community, state, country, or world. Nominations are encouraged
for sustained efforts in areas such as humanitarian causes, athletics and physical achievement,
creative and performing arts, scholarship, statesmanship, science and technology, or for heroic
efforts. The six national prize winners each receive a $10,000 post -high school scholarship and
a trip to Washington, D.C. for themselves and up to two parents. The six runners up will each
receive a $500 U.S. Savings Bond, and all winners receive a one-year complimentary
subscription to National Geographic World. She congratulated Michael on behalf of the City
Council and citizens of Palm Desert.
With Council concurrence, Mayor Kelly called a five-minute recess to allow those who wished to
leave to do so.
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Councilman Crites moved to, by Minute Motion, add an item to the Agenda for consideration relative
to the commission of a statue as outlined in the essay by Bernice Gonzalez and as recommended by Mayor
Kelly. Motion was seconded by Snyder and carried by unanimous vote.
Councilman Crites moved to, by Minute Motion, direct the Community Arts Manager to work with
the Art -In -Public -Places Committee and Civic Arts Committee to begin the process of commissioning a statue
to reflect Mayor Kelly's comments and that the funding for said statue be appropriated from the unobligated
reserves to accomplish this. Motion was seconded by Spiegel and carried by unanimous vote.
XVI. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION OF STREET RIGHT-OF-WAY VACATION FOR
McMILLON DRIVE BARRIER STRIPS AND FOR PALM DESERT DRIVE NORTH
(FRONTAGE ROAD) AT DEEP CANYON ROAD.
Mr. Folkers reviewed the staff report and recommendation.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request.
MR. MICHAEL ROVER, Attorney representing Dennis Godecke, 44-875 Deep Canyon Road,
stated that Streets and Highways Code 8324 required a public hearing for street vacations and
also required that the Council make a finding of fact that there is no present or public use for
such a street. He said as far as he was aware, there were no facts to support such a finding by
the Council. He also asked what public benefit would be gained by this vacation and said he
felt there would be no public benefit. He expressed concern with increased traffic on Highway
111, Deep Canyon, and Alessandro, and he said he felt the vacation would be a burden to the
public. With regard to reconfiguration of the frontage roads due to street vacation, he said the
AM/PM at Portola and Highway 111 had caused increased debris, loitering, vandalism, and
miscellaneous garbage strewn around that property and surrounding properties. He said it had
changed the whole nature of the neighborhood from an office/professional to a high traffic
area. He said the Streets & Highways Code required adequate notice be given to the public
about a hearing of this nature. He said he was aware that notice had been published as
required; however, Streets & Highway Code Section 8223 required that three or more signs
are placed with at least two weeks notice given, and to his observation in driving by that area
every day for the last month, no such posting had occurred. He asked that the Council
consider the facts and the public benefit issue and reject the resolution approving the vacation.
Councilman Crites asked if Mr. Rover felt the City would be better served with a frontage road
at the intersection of Portola and Highway 111. Mr. Rover responded that he felt the City was
in no better position without the frontage road. He said he felt the area was an absolute mess
and that the public had no benefit. Councilman Crites asked Mr. Rover if he felt the problems
were primarily due to the vacation of the frontage road, and Mr. Rover agreed.
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With no further public testimony, Mayor Kelly declared the public hearing closed.
Mr. Erwin asked what the record indicated with regard to notice of the hearing. Mr. Drell
responded that notices had been posted.
Mr. Folkers added that there had been ample discussion of this matter, including the traffic
issues, and studies indicated that traffic issues would be mitigated by the future improvements
that will be put in.
Mr. Diaz added that if the street is vacated, it is consistent with the City's adopted General
Plan and Specific Plan for that area, and any other course of action would be inconsistent with
those plans. He said that, in and of itself, would be considered sufficient findings for the
public good requirement findings for street vacation.
Mayor Kelly stated that this would strictly be in the best interests of the City. He said the City
had been successful in doing this at the southeast corner of Portola, the northeast corner of
Portola, the northwest corner of Portola, the southwest corner of San Pablo, the northwest
corner of San Pablo, northeast corner of Monterey, northwest corner of Monterey, etc. He
said these had caused terrific improvement in the City's traffic patterns.
Councilman Spiegel stated that he could think of no other intersection that is more dangerous
at this time.
Councilman Spiegel moved to waive further reading and adopt Resolution Nos. 97-33 and 97-34
vacating certain public rights -of -way subject to retention of any and all public utility easements and other
easements of record and subject to determination by the City Attorney that the public hearing was properly
noticed and posted. Motion was seconded by Benson and carried by unanimous vote.
XVII. ORAL COMMUNICATIONS - D
None
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 24, 1997
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XVIII. ADJOURNMENT
Councilman Spiegel moved to adjourn to Closed Session at 10:10 p.m., said Closed Session to be
held immediately following adjournment of the Redevelopment Agency meeting. Motion was seconded by
Crites and carried by unanimous vote.
Mayor Kelly reconvened the meeting at 10:45 p.m. and immediately adjourned with no action
announced from Closed Session.
ATTEST:
1 ;
/SHEILA R. GILL GAN, CITj LERK
CITY OF PALM DESERT,
RIC ARD S. KEL',Y, I{AYOR
34