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HomeMy WebLinkAbout1997-01-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:15 p.m. H. ROLL CALL Prent: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman Robert A. Spiegel Mayor Richard S. Kelly ALLo Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/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 III. ORAL COMMUNICATIONS - A MS. ANGELA ROMERO, Age 17, addressed Council as the reigning Miss Indio and a Princess for the Riverside County National Fair and Date Festival. She thanked the Council for the City of Palm Desert's sponsorship of this event and said they were hoping for record breaking attendance this year. She invited the Council to the opening day ceremonies at 9:30 a.m. on Friday, February 14, 1997. She noted the Parade to be held at 10:00 a.m. on Monday, February 17, 1997, and said it would be televised by KESQ-TV Channel 3. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. PETE FREESTONE, 72-761 Tamarisk, stated that he was disappointed that the Council had approved an unsecured loan to the McCallum Theatre for $500,000. He said he would not have had a problem with the loan if it had been secured. He also felt that Councilmember Benson should have abstained from voting on that issue since she is a member of the McCallum Board. With regard to the loan itself being interest only for ten years, he asked what would happen at the end of that ten years and if at that time the loan would continue at interest only or if the loan was due and payable in full. Mr. Erwin responded that the loan was due at the end of ten years. Mayor Kelly stated that when the McCallum Theatre first asked the City for help, the Council decided that it needed to have a representative from the Council that would be a part of the Board to represent the City and oversee the improvement that the Council expected to see. The Council selected Councilmember Benson. Mr. Freestone complimented the Council on the new waste system with the new type of trash cans. He said although he was adamantly opposed to it in the beginning, he now felt it was a great system. He also thanked Councilman Crites for taking care of the problem with running water at Highway 111 and Town Center Way. MR. MARK PEVERS, 877 Box Canyon Trail, Palm Desert, stated that he did not think it was appropriate for the City to loan money to the McCallum Theatre. He said originally the only suitable venue for the performing arts in the Valley was the Palm Springs High School auditorium, which seats 1,300 people versus 1,100 at the McCallum Theatre. He said it also has better acoustics. He said what happened was that the wealthy people in the Valley wanted a show place, and when the McCallum was built, it was never intended to be a financially viable entity. He said the box office supports only 50% of the total operating budget of the McCallum each year, and the intention was to go to citizens of the community for donations for the rest of the budget. He said if the citizens did not want to support the McCallum, he did not think the Council should support a facility that a majority of Palm Desert residents cannot afford to patronize. Mr. Pevers stated that the Palm Desert Economic Review of 1996 talked about "first class service is a way of life. Palm Desert is offering a world -class leisure destination." He said he did not feel the cyclone fence put up around the College of the Desert driving range was in keeping with this concept. He said Mr. Ortega did explain to him that this was State land and that the City had no jurisdiction, but he felt some of the McCallum money could have gone to subsidize a wrought iron fence or something more attractive if the area has to be fenced. He asked if the Council had any plans to do something about this situation. Councilman Crites stated that the fence had gone up without the City's knowledge. He said the driving range had been run by the College but that it was not profitable, and the College decided to go out to a private vendor who in turn decided they could not get liability insurance unless the range 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * was fenced so that people could not wander across. He said the College was working with the City, and the vendor who leases the facility for the next five years has about 30 days left before they have to submit to the City a plan to bring the area up to standard. He said he felt Mr. Pevers concerns should go to the College of the Desert Board of Trustees. MS. THERESA MYERS, 43-515 Calle Las Brisas West, said she had been a resident of Palm Desert for five years and a homeowner for eight years. She expressed concern about the McCallum Theatre and said she did not think anyone argued that there was not a justified concern by the residents regarding the loan. She said in her discussions with other residents, the concern seemed to be around three primary areas: 1) high salary for Board members; 2) lack of accountability; 3) apparent lack of a good reason to have reached this fiscal crisis. She said it was not unreasonable for residents to expect an inquiry into the causes of this crisis and expect some assurances as to the future efforts which will be made to avoid this happening in the future. She added that without accountability, residents cannot help but wonder what incentive there is for turning this around and what incentive there is for good and proper management. Councilman Spiegel stated that both a financial and a performance audit were done and had been turned over to not only the City but the new President and the Board of Directors of the McCallum. He said they had issued a response which was available at the last meeting when discussions were held to determine whether the City would approve a loan. He said this information was public record, and he suggested that Ms. Myers get a copy of that response to see what the Board has indicated it will do, and the City will be receiving annual reports regarding the Board's progress on the things it has said it will do. MR. CHRIS BLAISDELL, 72-607 Rolling Knoll, addressed Council and expressed concern with the large signs on the sides of the building to advertise coming events. He asked if the McCallum had to come to the City for a conditional use permit for these signs. Councilman Spiegel stated that the McCallum Theatre does not have to come to the City for approval of its signs because it is not on City land. He agreed with Mr. Blaisdell's concerns about the signs and asked that the matter be placed on an Agenda for the Council to go forward and ask the McCallum to correct this situation. Councilmember Benson stated that she had met the previous day with City Clerk Sheila Gilligan and McCallum Theatre President Toni Graphos, and this issue was addressed. She said one of the things the City said it would help the McCallum with was a marquis, and that would take care of the signs. With Council concurrence, Mayor Kelly suspended the remainder of the Agenda at this time in order to consider Old Business Item B. See that section of the Minutes for discussion and action. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 9, 1997. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 40, 41, 42. Rec: Approve as presented. C-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Kemper Sports Management, Inc. for Palm Desert Golf Resort (Desert Willow),38-500 Portola Avenue, Palm Desert. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. C-2. APPLICATION FOR ALCOHOLICBEVERA(E_I ICEIy,SF. by Empresas Castel', Inc. for La Taqueria, 72-286 Highway 111, Suite J5, Palm Desert.. Rec: Refer to Department of Community Development for processing of a Conditional Use Permit. D. CLAIM AGAINST THE CITY (#325) by Drexel McAndrews in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. Lt i 'Ex OF RESIGNATION from Stephanie Weinberg from the Palm Desert Community Library Committee. Rec: Receive with sincere regret. AUDITED FINANCIAL STATEMENTS for the City of Palm Desert for Fiscal Year Ending June 30, 1996. Rec: Receive and file. G. SCHEDULE OF INVESTMENTS for City of Palm Desert as of December 31, 1996. Rec: Receive and file. H. REQUEST FOR APPROVAL of Southern California Joint Powers Insurance Authority (SCJPIA) Certification of Directors and Alternates. Rec: By Minute Motion, approve the Certification of Director and Alternates as submitted. E. F. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. RESOLUTION NO. 97-4- 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 Office of the Director of Finance that have been Microfilmed. Rec: Waive further reading and adopt. J. RESOLUTION NO. 97-5 - 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 (December 1996). Rec: Waive further reading and adopt. K. REQUEST FOR APPROVAL of Lease Agreement with the Barbara Sinatra Children's Center in the Portola Community Center (Contract No. C12180). Rec: By Minute Motion, approve the lease agreement with Barbara Sinatra Children's Center in the Portola Community Center. L. RESOLUTION NO. 97-6 - A Resolution of the City Council of the City of Palm Desert, California, Amending Resolution No. 96-47 to Add the Planning Technician Position to Exempt Group B. Rec: Waive further reading and adopt. M. REQUEST FOR APPROVAL of the Purchase of Palm Desert Library Reference Collection. This item was removed from the Agenda for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. N. REQUEST FOR ACCEPTANCE OF WORK for Civic Center Heating, Ventilation, and Air Conditioning (HVAC) Replacement (Contract No. C10890, Project No. 768-96). Rec: By Minute Motion, authorize the City Clerk to file a Notice of_Completion for the subject contract. O. REQUEST FOR APPROVAL of Recommendation by Civic Arts Committee and Art -In - Public -Places Selection Subcommittee for Allocation of Funds for 1997/98 El Paseo Exhibition. This item was removed from the Agenda for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REQUEST FOR AUTHORIZATION to Submit a Grant Application to California Wellness Foundation for "Computers in our Future" Program. Rec: Waive further reading and adopt Resolution No 21/ authorizing the City to submit a grant application to California Wellness Foundation for "Computers in our Future" program. Q. CONSIDERATION OF REQUEST by Ms. S. Leslie Marchetti for Changes to the Civic Center Dog Park. Rec: By Minute Motion, refer the matter to the Parks and Recreation Commission for report and recommendation. Councilman Spiegel asked that Items M and 0 be removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved as presented by unanimous vote of the City Council. V. RESOLUTIONS None VI. ORDINANCES For Introduction: None For Adoption: None VII. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of the Purchase of Palm Desert Library Reference Collection. Councilman Spiegel asked who paid for this in the past. He said he assumed it was the Riverside Library, and if they paid for it in the past, he asked why they were not giving any money now. Mr. Diaz stated that in the past this was part of the collection funds made available throughout the County system. As budgets dropped, collection and acquisition of new books started falling down. He said he would like to change the recommendation so that the money would be given 6 1VIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to the Library Foundation of the City which would acquire the collection and give it to the Library. He said the reason for that was that it would then be the City's, not the County's, should something happen at a later date. Councilman Crites stated that one of the reasons for building the libraries together was so that there would be no duplication of collections, including reference collection. He asked how cooperative and extensive had been the discussions between the two sides about making sure there is not the exact same collection in each wing of the Library. Mr. Diaz responded that staff could come back at the next meeting to give the Council assurance that there will not be duplication of the reference section. Councilman Spiegel moved to, by Minute Motion: 1) Authorize the Palm Desert Library staff to utilize the same vendors used by the City of Riverside Library for acquiring the reference collection books; 2) authorize the Finance Director to use up to $60,000 from the funds allocated for the Library in the 1996/97 Budget for the purpose of acquiring the library reference collection. Motion was seconded by Crites and carried by unanimous vote. O. REQUEST FOR APPROVAL of Recommendation by Civic Arts Committee and Art -In - Public -Places Selection Subcommittee for Allocation of Funds for 1997/98 El Paseo Exhibition. Councilman Spiegel stated that no one was more in favor of art on El Paseo than he, but this was an amount that was not done in the past or was done by the El Paseo Merchants Association. Community Arts Manager John Nagus stated that the program had been funded in the past through funds -that had been allocated by the El Paseo Business Association. He said that last year the allocation did not match the available fund balance, and the City ended up contributing to the exhibition. He said the Committees had been considering having the City fund the exhibition to make it a much more exciting exhibition. Councilman Spiegel stated that he understood that part of the money was to upgrade the way the art works are displayed. Councilman Spiegel moved to, by Minute Motion, approve the recommendation of the Civic Arts Committee and Art -In -Public -Places (AIPP) Selection Subcommittee to allocate $50,000 in AIPP unspent capital funds for the 1997/98 El Paseo Exhibition. Motion was seconded by Crites and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF ANNUAL REVIEW OF THE CITY OF PALM DESERT INVESTMENT POLICY. Mr. Diaz stated that this was similar to what was discussed in the Redevelopment Agency Agenda. Councilman Crites moved to waive further reading and adopt Resolution No. 97-8 approving the current City of Palm Desert Statement of Investment Policy as unanimously approved at the regular meeting of the Investment & Finance Committee of January 15, 1997. Motion was seconded by Spiegel and carried by unanimous vote. B. CONSIDERATION OF REQUEST FROM THE CITY OF RIVERSIDE FOR THE CITY OF PALM DESERT TO MAKE A CONTRIBUTION TO THE COUNTY OF RIVERSIDE MILITARY ROLL OF HONOR. Councilmember Benson expressed concern that the City already had memorials both in the Civic Center Park and on Highway 111. She said these veterans were honored here and where they live, and she felt this was more meaningful. Councilman Spiegel agreed and said that anyone in the Coachella Valley who passed away during military service was listed on the Peace Memorial in the Civic Center Park, and other cities were not asked to participate when the City of Palm Desert placed that memorial. He said he did not see why those names were needed on a memorial in Riverside. Councilmember Benson moved to, by Minute Motion, deny the request. Motion was seconded by Spiegel and carried by unanimous vote. Councilman Crites stated he felt a letter should be sent to the City of Riverside explaining why the Council denied this request. C. REQUEST FOR APPROVAL OF PURCHASE AND INSTALLATION OF TWO ADDITIONAL PICNIC PAVILIONS IN THE CIVIC CENTER PARK. Mr. Diaz noted the report in the packets and stated that Mr. Drell was available to answer any questions. He noted that the request had gone to the Parks and Recreation Commission. Councilman Crites moved to, by Minute Motion: 1) Allocate $39,127.16 plus 10% contingency from Parks and Recreation Account No. 430-4664-433-4040 for the sole source of procurement of two Poligon SQ- 20 picnic pavilions manufactured by W.H. Porter, Inc; and 2) authorize staff to advertise and solicit bids for the installation of the picnic pavilions. Motion was seconded by Snyder and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF REQUEST FROM STUDENTS CREATIVE RECYCLE ART PROGRAM FOR A $10,000 CONTRIBUTION. Councilmember Benson stated that this had been asked to be continued. Councilman Crites moved to continue this matter to the meeting of February 13, 1997. Motion was seconded by Spiegel and carried by unanimous vote. F. JNFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers stated that everything was still on schedule for these three interchanges. 2. Progress Report on Retail Center Vacancies Mr. Diaz stated that very successful meetings had been held with representatives of the Palm Desert Town Center in terms of its plans for future expansion and addition. He said those meetings were established monthly to make sure the progress continues in that area. Once the Committee has resolved that issue, it will be looking more earnestly at the other areas. Councilman Spiegel stated that it looked like Madison Realty, the brokers staffing the new Saks center, seemed to be doing a really good job. He said hopefully at one of the next several Council meetings the names of the official tenants would be able to be announced. Mr. Diaz stated that at the request of Councilman Spiegel, staff will be providing to the Council weekly an update of new business licenses issued in the City of Palm Desert. MR. PETE FREESTONE stated that at the last meeting he had discussed with Councilman Crites the non -operational signal at the old Varner Road/Monterey Avenue intersection and about the possibility of moving it to the new t-intersection on a temporary basis to alleviate the traffic congestion at that location. Councilman Crites stated that the original response when asking a person at Caltrans about this was that by the time it was done, there would no longer be a need for it. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers stated that staff would discuss this with both the County of Riverside and Caltrans to see what can be done to improve the situation at this location. He added that a temporary traffic signal would take too long to put in. IX. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF ISSUES RAISED BY MONTEREY COUNTRY CLUB HOMEOWNERS ASSOCIATION WITH REGARD TO A SIDEWALK ON THE WEST SIDE OF MONTEREY AVENUE AND DESIGN OF THE TWO ENTRANCES INTO MONTEREY COUNTRY CLUB (Continued from the Meeting of December 12, 1996). MR. TONY BRUNNER, General Manager at Monterey Homeowners Association, stated that although this matter was on the Agenda, he was there to ask for a continuance because discussion between City staff and the Association had not yet taken place. Councilman Crites moved to continue this matter to the meeting of February 27, 1997. Motion was seconded by Spiegel and carried by unanimous vote. MR. PETE FREESTONE asked whether there was really a need for a sidewalk at this location and said he would think the only people who would benefit by it would be Monterey Country Club homeowners. Councilman Crites stated that the City Council receives many requests from people who either walk or bicycle from places on the other side of the Whitewater Wash to the College, Palm Desert Town Center, etc. for a sidewalk on Monterey. B. REQUEST FOR RATIFICATION OF EL PASEO BUSINESS IMPROVEMENT AREA BOARD OF"DIRECTORS ACTION TO REAPPOINT MS. SONIA CAMPBELL TO A THREE-YEAR TERM EXPIRING JUNE 30, 1998, AND MR. DAVID FLETCHER, MS. MEG FIRESTONE, AND MS. SANDRA HARTFIELD TO THREE-YEAR TERMS EXPIRING JUNE 30, 1999 (Continued from the Meetings of December 12, 1996, and January 9, 1997). Mrs. Gilligan stated that this matter had been continued so that she and Mrs. Campbell could discuss the history of the El Paseo Business Improvement Area and appointments. She said when the District was first formed, the City did handle elections for the Board, with nomination forms being sent out as well as ballots, etc. The people who were elected often times did not serve, and over the years it was decided to do away with the ballot. Instead, the process was to go to people who were involved with the Association and ask them to serve. She said over the years there had been relatively few applicants expressing an interest in serving on this board. She stated that in speaking with Mrs. Campbell, they decided they could probably do a much better job of notifying the businesses on El Paseo that this board does exist and that individuals could apply for Board membership. She noted that at this point in time, staff was notifying new businesses about the Board when they come in to take out business 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * licenses, and staff would make a concerted effort in the future to notify all businesses of vacancies. This would include a letter and application form, and anyone who applies would be asked to complete the same process as any other City committee or commission by attending two meetings so that they understand what the Board is doing. This way they would be able to get a feel for whether or not they would be a good participant. She stated that at this time, with Mrs. Campbell's concurrence, staff would recommend that the Council make the appointments as indicated on the Agenda. Councilman Spiegel stated he felt it was imperative to have a representative from Gardens on El Paseo when that project is put together, since that project will be the keystone to the street. Councilman Snyder moved to, by Minute Motion, ratify the El Paseo Business Improvement Area Board of Directors action to reappoint Ms. Sonia Campbell to a three-year term expiring June 30, 1998, and Mr. David Fletcher, Ms. Meg Firestone, and Ms. Sandra Hartfield to three-year terms expiring June 30, 1997, contingent upon staff and the El Paseo Business Improvement Area working closely in a new program to notify business owners of the Board and the potential for membership on it. Motion was seconded by Crites and carried by unanimous vote. C. CONSIDERATION OF COMPLIANCE AUDIT OF CITY'S BUSINESS TAX ON RENTAL UNITS (Continued from the Meeting of January 9, 1997). Mr. Wohlmuth reviewed the staff report, noting that as a result of a compliance audit of the City's business license fees for years 1994 to the current year, it was found that there were over 100 multi -family complex owners were not in compliance. He said this was probably the first time these owners were ever notified that they had to obtain a business license, and in the letter sent to them by Municipal Resources Consultants (MRC), the firm retained by the City to conduct the audit, the owners were requested to pay business licenses for the last three years with 50% penalties. Staff felt this was harsh since this was the first time they were notified of the requirement to obtain a business license. Staff was recommending that the business owners obtain a 1997 business license and pay the appropriate amount, with the Council to consider waiving the three years in arrears and the 50% penalty for the first time. Councilman Spiegel agreed with staffs recommendation. He expressed concern that MRC had sent this type of letter to these business owners without the City knowing about them. He also was concerned with charging people, who do not know they are supposed to be paying taxes, for three years in arrears plus a 50% penalty. He said he felt this was probably one of the worst things the Council could do. He asked what could be done to ensure that something like this does not happen again. Mr. Wohlmuth responded that the City Manager has requested that all correspondence going out on City letterhead be brought before him for his review. He said MRC was a consultant of the City of Palm Desert, and in this case it was not reviewed by the City Manager. Future cases will be reviewed by the City Manager. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion: 1) Waive the three years in arrears business license fee and 50% penalty fees for first time multi -family residential business owners license recipients; 2) direct the City Manager to issue a letter of apology to all individuals who received the original letter, said letter to include notification of the City Council action of January 23, 1997. Motion was seconded by Spiegel and carried by unanimous vote. MR. CHARLES BROWN, 73-906 Lion Canyon, Palm Desert Greens, stated that he had received two of the letters from MRC for a four-plex at 74-316 Alessandro and another on Driftwood Drive. He said the letter indicated that he would have to pay business license fees and penalties for the applicable years he had been conducting business, and for him this would go back before 1994. He said his understanding as far as the Department of Real Estate was concerned was that four units and below was considered residential, while five units and more was considered commercial. D. REQUEST FOR APPROVAL OF ADDITIONAL TRAFFIC LANES ON PORTOLA AVENUE (Continued from the Meeting of January 9, 1997). Mr. Folkers reviewed the staff report, noting that staff was recommending removal of northbound right turn restrictions for Rutledge which causes congestion in the mornings. He said this was something that was necessary in order to widen the street to four lanes. Councilman Crites asked whether staff was also proposing to make Portola Avenue southbound two lanes. Mr. Folkers responded that this was being proposed also. Councilman Crites stated that this would then remove some front of home parking on Portola, and he asked if staff had discussed this with the people who would be impacted. Mr. Folkers stated that staff had not yet contacted the people and would do so if Council took action to approve this request. Councilman Crites suggested removing the right turn lane, adding a second lane northbound in front of Palm Desert Middle School area (the block from Rutledge to Magnesia Falls), and initiating a questionnaire with residents who would be affected by making the southbound lane two lanes. MR. PEI'h FREESTONE addressed the Council regarding the northbound right turn lane at Rutledge and asked if there was any reason that could not be a combination right turn and straight ahead lane at that location. Mr. Folkers stated that this was the way the lane would be so that people could either turn or go straight. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, direct staff to begin the process by removing the right turn restriction on the northbound lane at Portola and Rutledge, that two lanes of northbound traffic be allowed from Rutledge to Magnesia Falls, and begin the process of chatting with residents and exploring options for having two lanes going both directions in that area and southward to Fred Waring. Motion was seconded by Benson and carried by unanimous vote. E. CONSIDERATION OF ACCEPTANCE OF HIGHWAY 111 AND HIGHWAY 74 BY CITY OF PALM DESERT FROM CAL TRANS DISTRICT 8 (Continued from the Meeting of January 9, 1997). Mr. Diaz noted the memorandum in the packets relative to the meeting with District 8 Caltrans officials. He said he would recommend that the City not take over Highway 74 and Highway 111 at this time. He said, if anything, the Council might want to seriously look at giving the State responsibility for Highway 74. Councilman Spiegel stated that they had no desire to take any more of Highway 74 than what they had now to Highway 111. He said there was consideration to give them Highway 74 all the way to Interstate 10 now that the bridge is complete over the Wash on Monterey Avenue., but Caltrans does not want it and would like to be able to give back Highway 111 and the part of Highway 74 that is in the City. He added that it seemed that Caltrans was going to be most cooperative with anything that the City really wanted to do if it made any kind of sense at all. He noted that he would agree with the City Manager's recommendation. Councilman Crites stated it seemed that what we have is the promise of the future, which will be neat and wonderful, and the reality of the past, which has been consistently awful. He said it has taken years to get things done, Caltrans does not respond, etc. He said he hoped Councilman Spiegel was right but asked that this matter be brought back to see whether what Caltrans said -they would do has any relationship to what they actually do. He added that he was still suspicious that when push comes to shove we won't get anything more done than we have in the past. Councilmember Benson said that she did not feel this was the proper time to be taking over Highway 74 and Highway 111. Councilman Snyder agreed. Mayor Kelly stated that he was not so concerned about Highway 111. With regard to Caltrans, the problem was that the individual the City deals with today may not be the same tomorrow since they are moved around a lot. He said he would really like to see the City take over Highway 74 and make it into a resident -friendly arterial. He added that there was a real need for a few signals through there, and there was an ideal situation to put some nice, wide combination bicycle and golf cart lanes on that road. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, follow the City Manager's recommendation for a period of three months and then ask that it come back to see whether or not the promise of a new tomorrow turns out to be the sadness of yesterday. Motion was seconded by Snyder and carried by unanimous vote. R. OLD BUSINESS A. CONSIDERATION OF AN APPEAL BY DENNIS GODECKE TO A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST BY CAM NEVINS FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT FOR CONSTRUCTION AND OPERATION OF A FUEL STATION/CONVENIENCE STORE WITH SALE OF BEER AND WINE AND ANCILLARY RETAIL USES ON THE C-1 ZONED PROPERTY AT THE NORTHWEST CORNER OF HIGHWAY 111 AND DEEP CANYON ROAD, ALSO KNOWN AS APN 625- 095-003 AND 004, Case No. CUP/PP 96-la (Continued from the Meeting of January 9, 1997). Mr. Drell reviewed the staff report, noting that there were two issues after the public hearing at the last City Council meeting that the Council wanted to have more discussion of: 1) Input from the Sheriff on some law enforcement concerns, especially dealing with minors stealing beer from these facilities; 2) elaboration from the City Engineer on the traffic study. He noted that a representative from the Sheriff's Department was available to provide information to the Council. Captain Steve Bloomquist addressed the Council and stated that he had been requested to look into the issue of beer runs in the communities, particularly as it dealt with local convenience stores. He said that in the 1996 calendar year, there were a total of 31 beer runs at seven locations in the City. Of those, 24 were at the CircleK locations (seven at the Portola location, and 17 at the San Pablo location), four at the 7/11, and three at the Am/Pm. He said none were reported at Alkobar Liquor and none at Country Club Liquor. He added that there were statistics as far as whether the individuals were adults or juveniles. He said in looking at it, it would be individuals under the age of 21; however, some of the suspects were over the age of 21, and the beer runs took place after 2:00 a.m. when they could not legally buy liquor. Councilman Crites stated that a number of citizens at the last meeting expressed a concern that the very nature of a gas station and convenience store is an attraction to crime and a variety of negative activities. He asked if the mere presence of a gas station was an attraction to crime and would raise the likelihood of crime in a neighborhood. He also asked if the Sheriff's Department had looked at the conditions placed on the proposed service station/convenience store and if those conditions were appropriate and sufficient or if there were other things that Captain Bloomquist would recommend. Captain Bloomquist responded that he did not believe those locations that are managed appropriately have any more calls for service than other businesses such as Bullocks or May Company, etc. He said for seven businesses to have a total of 52 calls for service, including 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * petty theft, narcotics, robberies, etc. this was not an inordinate number. He said the vast majority were calls for petty theft. With regard to conditions, he said he had not looked at them. However, the Sheriffs Department was looking at other locations and discussing conditions such as locking coolers, multiple staffing at the locations, etc. which would perhaps prevent beer runs. Mr. Drell stated that staff had come up with two conditions based on those discussions and discussions with the applicant: 1) That there be at least two employees on the property during all open hours; 2) that there be no open floor store display of alcoholic beverages, and all alcoholic beverage shall be either in a locked cabinet under the control of the clerk or otherwise inaccessible to the general public, and staff had suggested that this be after 9:00 p.m. until closing. Councilmember Benson questioned the issue of locking cases and asked if that was more of a hazard to the clerk having to open them. She expressed concern that something could happen to the clerk while being distracted by having to unlock the case. Mr. Drell responded that this would be an electronic remote lock. He added that it was also suggested that the liquor cabinet actually be at the checkout counter and under the direct control of the clerk. Mr. Folkers reviewed the traffic study. Councilman Spiegel stated that if there is a traffic problem with the Lucky Center, the left turn out onto Deep Canyon can be eliminated because people would still be able to get out onto Highway 111. Mr. Folkers agreed and said staff felt that most people who would be leaving the Center and traveling west on Highway 111 would actually leave the Center by the Highway 111 exit and not use the Deep Canyon exit. MR. DENNIS GODECKE addressed the Council and stated he had nothing more to add at this time with regard to the project. However, he stated that within the last several days he had filed an application for a zone change for the property immediately to the north of this property. Coupled with that, he also filed an application for the City to vacate property on the north side of Alessandro to bring Alessandro into conformity so that it matches with property lines on both sides, north and south, so that the dividing line is down the middle. He added that the change of zone was to Office Professional from R-3. Councilmember Benson moved to waive further reading and adopt Resolution No. 97-3 denying the appeal and affirming the action of the Planning Commission in the matter of Case No. CUP/PP 96-18. Motion was seconded by Spiegel and carried by unanimous vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR CONSIDERATION OF GREEN FFFS FOR DESERT WILLOW GOLF COURSE. Mr. Ortega stated that the project would be operated by a private operator, and one of the objectives was that the City would not have to put any money into the project. The green fees originally presented to the City would have accomplished this objective. He said the Council approved a 25% discount on the established rates for Palm Desert residents. Since that time, Council had asked staff and the operator to look at the issue of having lower rates for Palm Desert residents. A committee had been formed composed of members of the City Council, Planning Commission, Economic Development Advisory Committee, citizens, and private developers to look at this matter. He said the committee looked at the current fees and voted to recommend to the Council that it not implement the 25 % discount but to instead have a resident rate for October through April at $45.00 with three days notice, with discounts in the off-season (May through September) to be determined at a later date. Upon question by Councilman Spiegel, Mr. Ortega responded that this was every day, including weekends. Mayor Kelly added that what this meant was that a Palm Desert resident would never pay more than $45.00, and off-season rates would be set at a later time. MR. Phi FREESTONE, 72-761 Tamarisk Street, stated that this announcement took the wind out of everyone's sails. He asked if the Council had taken any surveys as to how many golfers there are who are residents of Palm Desert and how many of those golfers belong to country clubs and would probably not be interested in a municipal course because they already play on their own country club courses. Mayor Kelly stated that it would be very difficult to do a survey as suggested by Mr. Freestone. He said that in addition to the full-time residents in Palm Desert, there are also seasonal residents who own homes and live here during the season. He added that he had talked with several individuals who are members of private country clubs, and they are still looking forward to receiving resident cards and playing on the municipal course. MR. DOUG BROWN, 72-827 Joshua Tree Street, complimented the Council for the $45.00 green fee which he felt was a reasonable and equitable rate that people in Palm Desert can afford to pay. He said he did not think anyone should pay a lower rate than a Palm Desert resident pays to play that golf course except a PGA card holder. MR. CHRIS BLAISDELL, 72-607 Rolling Knoll, stated that he would like to volunteer his time and said he felt there were many others who would volunteer to help operate the range, be starters, run the snack bars, etc. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. GAIL PAPARIAN, 72-343 Sommerset Drive, complimented the Council for being sensitive to the needs of the residents. MR ART BLACK, 74-489 Zircon, also complimented the Council on its decision. Councilman Snyder moved to, by Minute Motion, approve staffs recommendation to provide Palm Desert residents a $45.00 green fee with three-day advance notice. Motion was seconded by Spiegel and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF TRAFFIC SIGNAL ON FRED WARING DRIVE AT THE COLLEGE OF THE DESERT ENTRANCE NEXT TO THE LIBRARY. Councilman Crites moved to receive and file the response from the Interim Superintendent/President of the College of the Desert. Motion was seconded by Snyder and carried by a 4-1 vote, with Mayor Kelly voting NO. Note: The remainder of the items on the 4:00 p.m. portion of the Agenda were considered at 7:00 p.m.. D. REQUEST FOR APPROVAL OF AMENDED POLICY FOR RESIDENT CARDS FOR DESERT WILLOW GOLF COURSE. Mr. Ortega reviewed the staff report, noting the Desert Willow Committee recommendations for the Desert Willow resident cards. He stated that the current policy specifically indicates that a Driver's License is required; however, there is another form of identification issued by the State of California which is not a Driver's License, and this was discussed as being adequate proof for those who do not have a License. Councilman` Crites stated that with the Recreation and Park District policy also gives the Director the power to issue a card without the required identification, and he felt this should be included in the policy for the resident cards. He said there were a lot of people whose names will not appear on utility bills, such as spouses, dependents, etc. He said something else needed to be allowed as identification instead of just a picture identification and utility bill; in addition, someone should also have the power to make judgment calls. He said there were also people with Palm Desert addresses (i.e., Palm Desert Greens) who were not Palm Desert residents. Mrs. Gilligan responded that this issue had been addressed by the City preparing for the Recreation and Park District a list of streets that are only in Palm Desert. Councilman Crites stated that he felt the charge for one of these cards should be the same as for a Recreation and Park District card -- $3.00 per year. Upon question by Councilmember Benson, Mayor Kelly stated that the reason for having the Recreation and Park District issue the cards instead of the YMCA was because it would cost 17 1VIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * approximately $1,500 to purchase the necessary equipment, and the District already has that equipment. Councilman Crites suggested having a combination Recreation District/Desert Willow card. Mayor Kelly stated that the program for the resident cards was already set up, and he suggested moving forward with it at this point in time to at least get started. Councilmember Crites moved to, by Minute Motion, direct staff to prepare a written policy that requires applicants having a resident card to provide photo identification (preferably a driver's license) and proof of residency, said policy to include a provision that allows for judgment calls to be made by the director of the Coachella Valley Recreation and Parks District organization, which is issuing the cards on behalf of the City. Motion was seconded by Snyder Councilmember Benson asked if this would exclude business owners. Councilman Crites responded that the policy was that business owners who are not residents do not qualify as residents for purposes of golf, that the cost of the card be the same as the cost of the Recreation and Park District card, and that we look toward the placing of a joint card. Mayor Kelly called for the vote. Motion carried by unanimous vote of the Council. XL REPORTS AND REMARKS A. CITY MANAGER Mr. Wohlmuth introduced Mr. Jerry Clark, the City's new Urban Forester, who started work on Tuesday. - B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. None 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: 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Donation to the Riverside County Sheriff's Relief Fund in Memory of Two Slain Officers (Mayor Richard S. Kelly). Mayor Kelly stated that these were two Riverside County Sheriff's Deputies who were shot and killed in the Whitewater area. Councilman Snyder stated that the City of Indian Wells and the City of Rancho Mirage were each contributing $5,000 to each of the families. Councilman Snyder moved to, by Minute Motion, approve a contribution of $5,000 to each of the families of the slain deputies. Motion was seconded by Crites and carried by unanimous vote. 2. Consideration of the Purchase of Promotional Canvas Bags. Councilmember Benson moved to add this item the Agenda for discussion. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Kelly noted the memorandum prepared by staff. Councilmember Benson moved to, by Minute Motion, approve the request and appropriate $6,500 to Account No. 110-4416-414-3215 for the purchase of 1,000 promotional canvas bags to be used for special events in the City. Motion was seconded by Snyder and carried by unanimous vote. o City Council Committee Reports: 1. Mayor Kelly noted that the League Division meeting was scheduled for February 26, 1997, in the Multi Agency Library. He said there would be a dinner and also awards for the Design Center car. 2. Mayor Kelly stated that each of the Councilmembers had received a letter describing what would happen to transportation funds if the Riverside County Transportation Commission was to be split into two sections. He said a meeting would be held in the next week or so between RCTC, CVAG, and RCOG. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Councilmember Spiegel stated he had comments regarding a story on page 3 of the Desert Sun that day. He said the story showed a condemned apartment complex that was full of trash. Mr. Conlon stated that this story was about the Esquire Apartments, and Judge Doherty granted the City's motion to approve the demolition order, but the Judge gave the developer, American Piopeities, a chance to get building permits issued and plans approved to start on the rehab of the units. He said the drop dead date for American Properties was April 1, 1997, and he would come back to the Council in February for authorization to go out to bid for demolition of the properties if the developer drops the ball and lets the building permits expire. He added that the building permits had been issued and plans were approved. He stated that the City had given the developer a 72-hour compliance order to get the property premises cleaned up and gates padlocked again. He noted that he had also spoken with Captain Bloomquist who had given him direction as to what he needs from the r.k,r;,.ly owner to have the deputies enter the property and arrest any of the vagrants trespassing. Councilman Spiegel stated that he had gone over to the Esquire Apartments earlier that day, and they looked as bad as the newspaper indicated. He said the gate was unlocked and that the padlock had been broken or taken. He said as he walked into the courtyard area, there was a couch with several vagrants sleeping on it with empty beer cans all over. He asked if extra police could be placed in this area to review the situation. 4. Councilman Crites stated that some time ago, the City decided with the Cove Commission to work with the local Search and Rescue Team to help fund basic equipment, etc. He said it had been about a year, and he asked that the Search and Rescue Team Board be invited to a Council meeting to discuss their accomplishments, how they have used the funds, etc. 5. Councilmember Benson stated that there would be a ceremony on Saturday at 1:00 p.m. at the Palm Springs Air Museum, and she invited. everyone to attend. 6. Councilman Spiegel stated that the Council had received a memorandum from their secretary about the Date Festival. Mrs. Gilligan stated that the four questions the Date Festival representatives had were: 1) Does the City want an entry in the Parade; 2) does the City want a booth; 3) how does the City want to appear on the posters; and 4) if the City wants a logo on the posters, they need a copy of it. Mr. Diaz recommended that this matter be referred to the Promotion Committee. Council concurred. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. ORAL COMMUNICATIONS - B Councilman Crites moved to adjourn the meeting to Closed Session at 6:15 p.m. to discuss items listed on the Agenda under Closed Session. Motion was seconded by Benson and carried by unanimous vote. Mayor Kelly reconvened the meeting at 7:00 pm.. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION See specific items for Council discussion and action. XIV. ORAL COMMUNICATIONS - C MR. FRED SAGG, 43-345 Texas Avenue, stated that there were problems in Palm Desert Country Club Estates with children running all over in the streets because they have no place to play. He suggested that the City of Palm Desert take over the Palm Desert Association which runs two lots in the Country Club. He said he understood in the past that the City of Palm Desert wanted to take it over but did not want to pay for the r.orc..ty. He said the Association had a nice large yard where a playground could be put in for the children. He asked that the City initiate a petition to do this and said he would take it around and get it signed. Mayor Kelly responded that the Parks and Recreation Department was looking at this again and approaching it from a different perspective that might work out. Councilman Crites stated that one of the things a city cannot do is send around a petition against an organization within its own city. However, what the Council can do is receive a petition from residents and use it as part of the process of looking for and acquiring appropriate park land there. MR. BRUCE rti iiNGILL, 44-805 Deep Canyon, thanked the Architectural Review Commission for its help regarding the Lucky market. He said apparently there was no approved landscape plan yet. He said he had had the Sheriffs Department over there four times in the last month for code violations. He said something had to be done with the tunnel and the trash compactor that was now illuminated and that it was very unsightly. Although the Architectural Review Commission was working on the situation, it was not getting any response from Lucky. Mr. Drell stated the issue was that if there is no response, the building does not open. He said all of those issues had to be resolved before occupancy of the building occurs. Mr. Diaz stated that he would work with Mr. Pettingill on these concerns. MR. JOHN GRONER, 74-581 Driftwood, stated that the Desert Sun had mentioned a lot about the Desert Willow Golf Course. He said there were two hotel sites out there, and he asked who the City was working with in regard to those two hotel sites. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly stated that the City was putting out a newsletter in the next few weeks about the entire project. Mr. Ortega explained the process for approval of the hotel sites and stated that negotiations were still taking place. MR. JOHN COFIELD, 48-405 Prairie Drive, stated that at Torrey Pines, ' one of the premier golf course sites in the nation, citizens of San Diego are able to play for $18.00, while San Diego County residents can play for $26.00. He noted that residents and non-residents can play the Coronado Golf Course for $20.00. He also showed the Golf Pass Book for 1997 and stated that there were 37 courses listed in the Palm Springs area, and for five to six months through the year, Palm Desert will be competing with those 37 golf courses at rates ranging from $15.00 to $25.00, with the two most expensive ones being $55.00. He said rates really went down in the off season, and he suggested that the Council keep those rates in mind when setting the off season rates for Desert Willow. MR. FLOYD FITCH, 16227 Gramercy Place, #4, Gardena, California, 90247, read a prepared statement (attached hereto and made a part hereof as Exhibit "A"). XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS TO PALM DESERT LIBRARY COMMi i i rt TO FILL VACANCIES CREATED BY RESIGNATIONS OF STUART SMITH AND STEPHANIE WEINBERG. Councilmember Benson moved to refer this matter to the Council subcommittee on appointments. Motion was seconded by Spiegel and carried by unanimous vote. XVI. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE EL PASEO PEDESTRIAN COMMERCIAL OVERLAY ZONE, Case Na. ZOA 96-3 (Continued from the Meetings of October 10 and October 24, 1996). Mayor Kelly noted that this was a continued public hearing and that the hearing was open. Mr. Drell stated that the El Paseo Business Association was still debating these points and had requested a continuance until April 24, 1997. Mayor Kelly invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. Councilman Spiegel moved to continue this matter to the meeting of April 24, 1997. Motion was seconded by Benson and carried by unanimous vote. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF APPROVAL OF A DEVELOPMENT AGREEMENT WAIVING CERTAIN REQUIREMENTS OF THE MUNICIPAL CODE TO ALLOW FINAL APPROVAL OF A CONDITIONAL USE PERMIT FOR A 310-UNIT RESIDENTIAL VACATION OWNERSHIP COMPLEX (TIMESHARE) PROJECT AND RELATED TENTATIVE TRACT MAPS TT28450 AND TT28451, ALL LOCATED ON PROPERTY IN A PORTION OF SECTION 4 T5S R6E, Case No. DA96-1 relating to cases PP/CUP96-28, TT2845Q, and TT28451 (Intrawest Resort Ownership Corporation, Applicant). Mr. Diaz stated that staff was recommending continuance of this public hearing and the following one as well. Mayor Kelly declared the public hearing wen and invited testimony in FAVOR or OPPOSED to this request. No testimony was offered. Councilman Spiegel moved to continue this matter to the meeting of February 13, 1997. Motion was seconded by Crites and carried by unanimous vote. C. CONSIDERATION OF DISPOSITION AND DEVELOPMENT AGREEMENT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433 RELATIVE TO INTRAWEST RESORT OWNERSHIP CORPORATION - 76 ACRES OF LAND LOCATED ON APPROXIMATELY NORTH OF COUNTRY CLUB DRIVE BETWEEN COOK STREET AND PORTOLA AVENUE, PALM DESERT (JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor/Chairman Kelly declared the public hearing open and invited testimony in FAVOR or OPPOSED to this request. No testimony was offered. Councilman/Member Spiegel moved to continue this matter to the meeting of February 13, 1997. Motion was seconded by Crites and carried by unanimous vote. XVII. ORAL COMMUNICATIONS - D None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. ADJOURNMENT Upon motion by Crites, second by Spiegel, Mayor Kelly adjourned the meeting at 8:20 p.m. RIC�HAS. KELLY, MAYOR / ATTEST: SHEII.A(,1 GILLIGAN, DIRECTOR OF COMMUNITY AFFAIRS/CITY CLERK 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" TO THE PALM DESERT CITY COUNCIL, THE PALM DESERT REDEVELOPMENT }, AGENCY, ALL ITS EMPLOYEES, AGENTS AND REPRESENTATIVES. I, EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERAL DEPOSITS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME, ACCORDING TO THE PROVISION OF THE ACT OF CONGRESS APPROVED June 1 1938 (52 stat 609) AS RESERVED IN THE PATENT RECORDED JANUARY 8, 1960 AS INSTRUMENT NO. 1793, OFFICIAL RECORDS. Subject property and Title to property is five acres described as: THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MARIDIAN. Land Patent No. 120 1947 This appearance is made to exhaust administrative remedies, not to grant jurisdiction to this body and to demand due process of law. Property, and the transfer thereof is a matter of law, the transfer of which must be based upon an agreement, protected by the United States and California Constitutions. There is no contract or nexus between the CITY OF PALM DESERT, its REDEVELOPMENT AGENCY and the Omni Trust or Title holder by United States Patent holder. This objection and denial encompasses each and every actiom initiated by or in the name of the CITY OF PALM DESERT from the time of the CITY'S founding and the exercize of their purported authority to usurp State ceded federal land granted to Mrs Phyllis Johnson surviving spouse of William T. Johnson by said land Patent as evidence of fraud exists. All previous correspondence to CITY of PALM DESERT and to PALM DESERT REDEVELOPMENT AGENCY that has been received by each are included in this denial as if fully set forth herein. No responce has been reeived by Title holder in regards to land the CITY claims is within their incorporated area. In the words of Supreme Court: "Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading. "United States v Burr, 309 US 242; U.S. v Tweel, 550 F2d 297. (1977). The CITY COUNCIL OF PALM DESERT and it's alter ego PALM DESERT REDEVELOPMENT AGENCY are (Municipal) commercial corporations with the same principals who have acted in a private character and are liable for these private acts. Nowhere has it been shown that the City Council, its Manager, its Agents nor its employees have eminent domain authority as it is well settled in law that a Page 1 of 4 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" municipal corporation is not an agent of the State. "The Clearfield Doctrine was eloquently expressed as follows: "Governments descend to the level of a mere corporation and take on the character of a private citizen where private corporate commercial paper (securities) are concerned. ..For purposes of suit, such corporations and individuals are regarded as an entity separate from government." And in Bank of US v Planters Bank. 22 US 904: "When Governments enter the world of commerce, they are subject to the same burdens as any private firm or corporation." EMINENT DOMAIN authority is defined (restricted) to: "The power of a nation or sovereign state, to take, or to authorize the taking uf, private property for a public use without the owner's consent, conditioned upon a payment of a just compensation." ... "The theory of such power is that all lands are held mediately or immediately by the state upon implied condition that the eminent domain, the superior dominion, remains in the state authorizing it to take the same for public uses, when necessity requires it, by paying therefore an equivalent in money." 26 Am Jur2d EM D Sec 1. EMINENT DOMAIN PURPOSE: ... The primary purpose for eminent domain authority by sovereign authority is for public purposes when necessity requires it by paying in money the equivalent of value of the property... Re Barre Water Co, 62 Vt 27. (1) "No person shall .. be deprived of property without due process of Law, (2) "nor shall private property be taken for public use, without just compensation". To take for the purpose of ridding the area of slums is one thing, is quite another to take a man's property merely to develope a better balanced, more attractive community. The District Court stated that an Agency could condemn property only for the reasonable necessities of slum clearance and prevention, its concept of "slum" being the existence of conditions "injurious to the public health, safety, and morals and welfare" 117 F Supp 705. The CITY OF PALM DESERT and the PALM DESERT REDEVELOPMENT AGENCY are not a Sovereign nation nor a sovereign State nor constitutional or statutory agents of the State, therefore all purported lawful acts including condemnation and court actions have been perpetrated under color of law, therefore the actions by the CITY OF PALM DESERT and PALM DESERT REDEVELOPMENT AGENCY involved must be treated as one and the same as the principals are one and the same. It is no secret the City Council and the Redevelopment Agency Board of Directors are the same individuals. It will be noted that the PALM DESERT REDEVELOPMENT AGENCY (claiming to be a public body, Corporate and politic, is not registered with California Secretary of State. It has no authority to make a claim as a body politic nor authority as an agency of the state to effect eminent domain. Page 2 of 4 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" FACT: The CITY OF PALM DESERT was organized approximately thirteen years after Patent was issued by the United States Patent Office, No. 120 1947. IN CONCLUSION LETS REVIEW THE FACTS ... FACT: The CITY OF PALM DESERT was organized over twelve years after title holder received Title by Land Patent from the United States Patent Office. FACT; The founding of the CITY OF PALM DESERT did not include the above described property in its incorporation. FACT; Title holder of subject property has never entered into any express or implied agreement of contract or compact with the CITY or its Agency. FACT: The CITY OF PALM DESERT and its REDEVELOPMENT AGENCY has refused to supply demanded information or documents showing its authority, and thereby admitted to no authority. FACT; Research has shown that the CITY OF PALM DESERT REDEVELOPMENT AGENCY is not registered with the Secretary of State of California. FACT; Research has shown that INTRAWEST RESORT OWNERSHIP CORPUKHliON is not a California Corporation. Contact with the California Secretary of State has revealed that there is no record of INTRAWEST RESORT OWNERSHIP CORPORATION registered to do business in the State of California, an apparent State corporate tax evader or non -filer. It is well settled law that Title Holder by Patent has a superior title to all other alleged claims. Summa Corporation v Los Angeles, The deprivation of Rights of this Patent holder under color of law is well established by evidence and the remedies are well defined. This Council having been informed of some of the Real Property Laws and any continuing abuse are subject to remedies under the law. 42 USC 1986, "Every Person who, having knowledge that any of the wrongs conspired to be done, and mentioned in sec 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reaonable diligence could have prevented; and such damages may be recovered in an action on case; and any number guilty of such wrongful neglect or refusal may be joined as defendants in this action;" . I thank you for your receipt of this statement and would hope that this City will review and reasses their actions to take Page 3 of 4 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT "A" private lands that have long been beyond the reach of the State. When the Bureau of Land Management was created, the foundation and intent of the United States was to create a superior Title by Patent to prevent speculators from trespassing and stealing property from owners. Land holders or other claimants were given three years to contest valid ownership with the Bureau. California never made claim to any property within the State and was prohibited from making claim against Patent holders. As of 1980, that law is in full force and effect consequently even the State of California cannot contest Patent Title. I thank you for giving me this opportunity to give you and each of you personal Notice of the ramifications of your action against above described property. Respectfully submitted Dated this 23 day of January 1997 _.274 i(-7/ r ; Page 4 of 4 28