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HomeMy WebLinkAbout1997-06-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder M. INVOCATION - Mayor Pro-Tempore Jean M. Benson IV. 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 Carlos L. Ortega, Redevelopment Agency Executive Director Paul Gibson, City Treasurer/Finance Director Pat Conlon, Director of Building and Safety John Nagus, Community Arts Manager Steve Smith, Planning Manager Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. PE1E FREESTONE, 72-761 Tamarisk Street, stated that he had addressed the Council at its last meeting relative to undergrounding of utilities on Portola Avenue between Alessandro and Fred Waring Drive, and apparently all undergrounding in that area had been done that was supposed to be done. However, he said his concern was that GTE and Edison had not vacated their facilities on the new facilities that had been installed in that area. He asked if these were secondary poles that would be removed some day or if they would remain forever. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz noted that staff would contact those agencies and report back to the Council at its meeting - — of June 26, 1997. Mr. Freestone stated that the frontage road on the north side of Highway 111 west of Deep Canyon had been closed, with palm trees down the middle, and he asked why this was done when the intersection is a mess to begin with. Mayor Kelly responded that the frontage road was blocked because it was being taken out completely with the new project on that corner. After additional discussion, Mayor Kelly stated that Mr. Folkers would provide Mr. Freestone with a summary of why this was being done. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 22, 1997, and the Adjourned Joint City Council/Redevelopment Agency Meeting of June 3, 1997. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 61, 62, and 63. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Candi Sue Elm and Ruthann Tanny Yost for Great Ideas Unlimited, 73-140 Highway 111, Suite 4, Palm Desert. Rec: Receive and file. D. MINUTES of the Rent Review Commission Meetings of February 23, April 3, and April 9, 1997. Rec: Receive and file. E. MINUTES of the Economic Development Advisory Committee Meetings of January 30, March 25, and April 17, 1997. Rec: Receive and file. F. RESOLUTION NO. 97-41 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (April 1997). Rec: Waive further reading and adopt. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * _ G. ,SCHEDULE OF INVESTMENTS for the City of Palm Desert as of April 30, 1997. Rec: Receive and file. H. CONSIDEIIATIQN OF REQUEST for Refund of Fees for Business License 95-13684 for Fiscal Year 1995/96. Rec: By Minute motion, approve the request for refund of $60.00 for North American Mortgage Co., Business License No. 95-13684 from Fiscal Year 1995/96. I. LETTER OF RESIGNATION from Mr. Gus Jones from the City's Sister Cities Committee. Rec: Receive with sincere regret. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Installation of Emergency Vehicle Pre-Emption Systems at Six Locations on State Highways (Highway 111 and Hospitality Row; Highway 111 and San Luis Rey; Highway 111 and Monterey/Highway 74; Highway 111 and Plaza Way; Highway 111 and Town Center Way/E1 Paseo; Highway 74 and El Paseo - Contract No. C12920). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for installation of Emergency Vehicle Pre-Emption Systems at six locations on State highways. K. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Asphalt Concrete Pavement Repairs at Various Locations (Project No. 754-97, Contract No. C12930). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. L. ' • 1 • ; AUTHORIZATIQN to Advertise and Call for Bids for the Traffic Signal at Portola Avenue and Magnesia Falls Drive (Project No. 556-97, Contract No. C12940). Removed for separate consideration under Section IX, Consent Items Held Over. Please see that section of the Agenda for Council discussion and action. M. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of Traffic Signal at the Intersection of Highway 74 and Haystack Road (Project No. 570-97, Contract No. C12950). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the installation of a traffic signal at the subject intersection; funds are available from Account No. 234-4265-422-4001. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * N. REQUEST FOR AWARD OF CONTRACT for the Traffic Signal Communication and Interconnect Improvements (Project No. 557-97, Contract No. C12740). Rec: By Minute Motion: 1) Award the contract to D.B.X., Inc., of Temecula, in the amount of $29,420.00 for the traffic signal communication and interconnect improvements at five locations and authorize a ten percent contingency of $2,942.00 - funds are available in Account No. 440-4594-422-4001; 2) authorize the Mayor to enter into an agreement with D.B.X., Inc. O. REQUEST FOR AWARD OF CONTRACT for Street Improvements at Monterey Avenue and Hovley Lane West (Project No. 637-97, Contract No C12600). Rec: By Minute Motion: 1) Award the contract to E.A. Mendoza, of Anaheim Hills, in the amount of $87,405.00 for street improvements and authorize a ten percent contingency of $8,740.50 - funds are available in Account No. 416-4615-433-4001; 2) authorize the Mayor to enter into an agreement with E.A. Mendoza. P. REQUEST FOR AWARD OF CONTRACT for Purchase and Installation of Four Information Kiosks for the Civic Center Park (Project No. 678-97, Contract No. C12670). Removed for separate consideration under Section IX, Consent Items Held Over. Please see that section of the Agenda for Council discussion and action. Q. REQUEST FOR APPROVAL, of Change Order No. 1 for the Minor Storm Drain on West Side of Washington Street at Hovley Lane East (Project No. 518-97, Contract No. C12390). Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract for additional construction bid items required for completion of the Minor Storm Drain Project in the amount of $1,579.00; 2) authorize the transfer of $1,579.00 from contingency to base. R. REQUEST FOR APPROVAL of Change Order No. 2 for the Local Street Paving Project (Project No. 627-97, Contract No. C12000). Rec: By Minute Motion: 1) Approve Change Order No. 2 to the subject contract for additional construction bid items required for completion of the Local Street Paving Project in the amount of $11,799.60; 2) authorize the transfer of $11,799.60 from contingency to base. 4 MINUTES ' REGULAR PALM DESERT CITY COUNCIL MEETING JUKE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. REQUEST FOR ACCEPTANCE OP WORK for Contract No C12160 for Traffic Signal Repair at Monterey Avenue and San Gorgonio Way. Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. T. REQUEST FOR ACCEPTANCE OF WORK for Contract No C12340 for Median Stamped Concrete (Project No. 676-97). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. U. CONSIDERATION OF REQUEST for Waiver of Fees for Special Event Park Use by City of Hope. Rec: By Minute Motion, consider the fee waiver request for a special event park use as a contribution to the City of Hope for its 3rd Annual Desert Communities "Lauren's Run" V. REQUEST FOR APPROVAL of Easement for Southern California Edison at Ironwood Park Site. Rec: By Minute Motion, authorize the Mayor to execute the Southern California Edison easement for underground electrical service to a privately owned irrigation well. W. LETTER from City of LaVerne Relative to Its Resolution Expressing Dissatisfaction and Disappointment with the Rate Setting Policies and Business Practices of Century Cable Television. Rec: Receive and file. X. REQUEST FOR RATIFICATION of First Amendment to Lew. Agreement Between City of Palm Desert and Palm Desert Recreational Facilities Corporation (Contract No. C12540). Rec: By Minute Motion, ratify the adoption of the First Amendment to the i ease Agreement between the City of Palm Desert and the Palm Desert Recreational Facilities Corporation providing for a monthly payment in the lease of facilities at the Desert Willow Golf Course. Y. CONSIDERATION of Resolution from City of San Bruno Objecting to the Sale of Gasoline Products Containing Methyl Tertiary Butyl Ether (MTBE). Rec: Refer to staff for report and recommendation. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Z. REQUEST FOR APPROVAL of Art Fee Refund for Gila Bar and Grill. Rec: By Minute Motion, approve staffs recommendation for refund of AIPP art fee in the amount of $2,405.10 from AIPP unobligated funds to Blue Sky Hospitality, Inc., owner of Gila Bar and Grill. Councilmember Benson asked that Item P be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Mr. Folkers asked that Item L also be removed for separate consideration. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: None IX. CONSENT ITEMS HELD OVER Mayor Kelly asked if there was a reason this section was not placed on the Agenda immediately following the Consent Calendar. Mrs. Gilligan responded that the Council Agenda is set by ordinance. Mayor Kelly suggested that the ordinance be amended so that Consent Items Held Over is considered immediately following the Consent Calendar. Council concurred. Mr. Erwin stated that this would be before the Council at its meeting of June 26, 1997. L. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Traffic Signal at Portola Avenue and Magnesia Falls Drive (Project No. 556-97, Contract No C12940). Mr. Folkers stated that staff had received a lot of complaints from residents of the mobilehome park with regard to visibility. Staffs efforts to restripe the street for better capacity has resulted in the southbound traffic moving closer to the west curb. He said right now there is only a five-foot clearance where before there was a 12-foot clearance. Staff had discussed with 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Southern California Edison and GTE the fact that there is a large green box on the northwest corner along with a wall that causes a real visibility problem. GTE would be moving the smaller box on the northeast corner, but the large box on the northwest corner was a major junction facility. He said that based on all of the comments and driving the area in the City's Lumina vehicle, staff had concerns and recommended that a four-way stop be placed at that intersection until the signal is installed. Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project and authorize staff to install a temporary four-way stop until installation of the signal is complete. Motion was seconded by Crites. Councilmember Benson asked whether there would be ample warning of the stop for people coming out of the wash. Mr. Folkers responded that staff was also concerned with this situation and would have adequate advance signage. Mayor Kelly called for the vote. The motion carried by unanimous vote of the Council. P. REQUEST FOR AWARD OF CONTRACT for Purchase and Installation of Four Information Kiosks for the Civic Center Park (Project No. 678-97, Contract No. C12670). Councilmember Benson questioned what the kiosks would look like, where they would be placed, and who would keep the information up to date on them. Mr. Winklepleck stated that a picture had been provided with the original staff report when Council authorized staff to go out to bid on these structures, and he offered to provide the picture to the Council. He said they would be similar to the City's stone entrance signs, approximately seven feet high and four feet wide, a minimum of seven inches thick. One side will have an etched metal map of the park and its amenities, and the reverse side will have an anodized aluminum board sunk into the kiosk where information can be posted relative to upcoming events such as concerts, YMCA events, etc. With regard to keeping current information on the kiosks, he stated that he would be glad to do so. Upon question by Councilmember Benson, he stated that one kiosk would be located near the "Messenger of the Puul" artwork, one near the Rose Garden, one between the YMCA and Parks and Recreation Center, and one between the tennis courts and baseball fields. Councilmember Benson moved to, by Minute Motion: 1) Award the contract to Imperial Sign Company, Inc., of Indio, in the amount of $40,427.00 for the Civic Center Park Information Kiosks and authorize a ten percent contingency of $4,042.70 - funds are available in Account No. 430-4664-433-4040; 2) authorize the Mayor to enter into an agreement with Imperial Sign Company, Inc. Motion was seconded by Spiegel and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With Council concurrence, Mayor Kelly suspended the remainder of the Agenda at this point in order to consider Continued Business Item A. Please see that portion of the Minutes for Council discussion and action. R. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF NEIGHBORHOOD TRAFFIC CONTROL PROGRAM (CALMING). Mr. Folkers noted the report in the packets and offered to answer any questions. Upon question by Councilman Spiegel, Mr. Folkers stated that it was staffs intent to come back to the Council with each of the proposed locations. Mayor Kelly noted that he had read an article in a Palm Desert Country Club Association newsletter relative to traffic, and he asked if Mr. Folkers was aware of this article. Mr. Folkers responded that he was not aware of it but that he would look into it. Councilman Spiegel suggested that since the City will be going into these areas and doing things, perhaps staff should get community input regarding what will be done. Mr. Folkers responded that staff would do so and noted that some of the areas have one individual who serves as spokesperson for that area. Councilman Crites moved to, by Minute Motion, authorize the Public Works Department to proceed with a Neighborhood Traffic Control Program in conjunction with having meetings with neighborhood impacted residents and bringing each of the proposed control mechanisms back to the Council for review, and if possible, for review prior to discussions with neighbors. Motion was seconded by Spiegel and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF DISSOLUTION OF PALM DESERT POWER DEVELOPMENT CORPORATION. Mr. Erwin stated that the Council as the Board of Directors of Palm Desert Power Development Corporation determined during the afternoon meeting that this entity should be held in abeyance for a year and that all potential contracts, responsibilities, and obligations be placed with the City. He said this matter was on the Agenda so that the Council could deal with the consultant contract before it during the afternoon Corporation meeting. Councilman Crites moved to, by Minute Motion, approve the consultant contract as presented during the afternoon meeting, subject to presentation of adequate background data to the Mayor and his appointee for signature. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel stated that there had also been discussion during the meeting relative to going to the Economic Partnership to get its involvement and possibly transfer to that organization. He said he would like to see this dealt with also. Councilman Snyder seconded the motion by Councilman Crites, and the motion carried by a 4-1 vote, with Councilmember Benson voting NO. Councilman Crites stated he felt it just needed to be mentioned that the Mayor and Economic Development Manager Paul Shillcock had been asked to sit down with the Coachella Valley Economic Partnership to see if it would be interested in taking over the legal entity of the Authority. C. CONSIDERATION OF REQUEST FROM WASTE MANAGEMENT OF THE DESERT FOR SERVICE RATE INCREASE. Mr. Wohlmuth noted the report in the packets and stated that there were still things that needed to be worked out. Councilman Spiegel moved to, by Minute Motion: 1) Direct staff to continue negotiations with Waste Management of the Desert; 2) continue this matter to the meeting of June 26, 1997. Motion was seconded -- by Crites and carried by unanimous vote. MR. PE1'h FREESTONE, 72-761 Tamarisk, Palm Desert, expressed concern with the proposed rate increase at this time and the fact that residents are not getting information except by reading about it in the newspapers. He said he felt there were things that could be done to save both money and time, and he asked that the Council consider these. Councilman Crites stated that the franchise agreement allows Waste Management to come to the City once per year to request a rate increase. He also advised Mr. Freestone that he was always welcome to come in to City Hall and ask staff any questions instead of waiting until the Council meeting to do so. He said that no matter what suggestions Mr. Freestone had, they would not be acted upon at this meeting, and to have the optimal chance of having an idea become part of what happens in the community, Mr. Freestone should put those things down in writing and give them to the Council in a way that allows them to be considered, not in a public meeting situation where not only do they not receive as much attention, but they are not in a hard form in which to be looked at. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. JNFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Monterey Avenue Mr. Folkers updated the Council on the progress of these interchanges. 2. Progress Report on Retail Center Vacancies Mr. Drell updated the Council on this matter and offered to answer any questions. XI. CONTINUED BUSINESS A. PRESENTATION RELATIVE TO CITY'S PARTICIPATION IN "UNIVERSITY -CITY PACT FOR HEALTHY KIDS" (Continued from the Meeting of May 8, 1997). Ms. Gwen Norton Perry addressed the Council and distributed information to the Council relative to this program to evaluate the City's tobacco control policy, provide surveys of the community's attitudes toward the illegal sale of tobacco to minors, focus group assessments within local high schools regarding smoking habits and ability to obtain cigarettes, provide merchant intervention activities, etc.. She requested that the Council adopt a resolution in support of this program and allow her or a representative to make brief presentations at three future City Council meetings over the next year and a half to report on these activities. She invited the City of Palm Desert to be the first city in the Inland Empire to participate in this program. With regard to the resolution, she said she would provide a sample to staff. Councilman Crites moved to waive further reading and adopt Resolution No. 97-42 in support of the City's participation in "University - City Pact for Healthy Kids" and authorize the Mayor to sign the resolution when prepared by staff. Motion was seconded by Benson and carried by unanimous vote of the Council. B. CONSIDERATION OF APPEAL OF A PLANNING COMMISSION DECISION CERTIFYING COMPLIANCE WITH A CONDITIONAL USE PERMIT FOR TWO RESTAURANTS TOTALING 8,000 SQUARE FEET WITHIN A COMMERCIAL COMPLEX AT THE NORTHEAST CORNERS OF PORTOLA AVENUE AND HIGHWAY 111 AND PORTOLA AND ALESSANDRO DRIVE Case No. CUP 91-9, Palm Desert Ace Hardware and Raymond L. Winner, Appellants (Continued from the Meetings of May 8 and May 22, 1997). Mr. Diaz stated that staff recommended that this matter be continued to the 7:00 p.m. portion of the meeting. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to continue this matter to the 7:00 p.m. portion of the meeting. Motion was seconded by Spiegel and carried by unanimous vote. Mr. Smith noted the report in the packets. He said that staffs recommendation was that the Council adopt Resolution No. 97-38 affirming the Planning Commission decision certifying compliance of Conditional Use Permit 91-9 with amended conditions. He said the amended conditions were shown on page three of the draft resolution and specifically involved a reworking on conditions seven and eight from the Planning Commission, deletion of conditions 12 through 23 of the Planning Commission, and restatement of condition number 12. He said the deletion of the conditions 12 through 23 applied for the most part to the valet parking at the site. They were being deleted and were contained elsewhere in the valet parking permit itself. Councilman Crites asked if there were any comments concerning negotiations with nearby parties. Mr. Ortega stated that he and the City Manager had met with several property owners who indicated they were willing to offer their property for sale to the Agency. Discussions would continue with them, and the Agency would entertain an offer if they still wished to do so. Councilman Spiegel moved to waive further reading and adopt Resolution No. 97-38 affirming the Planning Commission decision with conditions as outlined by staff. Motion was seconded by Snyder and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF AMENDMENT TO THE ZONING ORDINANCE TEXT CHAPTERS 25.14 (RE RESIDENTIAL ESTATE DISTRICT). Case No. ZOA 97-2 (Continued from the Meetings of April 10 and May 8, 1997). Mr. Smith recommended that this item and Item D be continued to the 7:00 p.m. of the Agenda. Councilman Spiegel moved to continue this matter to the 7:00 p.m. portion of the meeting. Motion was seconded by Snyder and carried by unanimous vote. Mr. Smith reviewed the staff report, noting that the draft ordinance presented at the City Council meeting of April 10, 1997, proposed to allow two horses and two foals on a 40,000 square foot lot. At that point, the matter was continued. The Project Area Four Committee reviewed the issue on April 14, 1997, and recommended that horses not be permitted and that existing horse use become legal nonconforming. That recommendation is a reversal of the Project Area Four Committee's earlier position, and staff as a result sent out letters/notices to all property owners within the area and within 300 feet of the affected area. He said the matter of whether or not to allow horses was a policy matter for the Council. He noted the recommendation in the staff report from the Director of Community Development included two options, and he reviewed those. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that he had a copy of the original "Protective covenants and restrictions" for this area when it was first brought into the County of Riverside, and it allowed corrals, barns, poultry runs, etc. He asked if it was consistent with staffs understanding that when this was created, horses were an allowed part. Then when the City annexed the area, having a horse was a legal right. Mr. Smith responded that this was correct. Councilman Crites stated that if someone bought property before the area was annexed, they would have assumed they would have the right to keep some number of horses. Mr. Smith responded that if they had contacted the County, they would have been told that it was legal to have horses. Councilman Crites stated that Option 1 of the staff report would make it legal for people who physically have them on their property now; however, someone who bought the land to build on in the future and have a horse would not have that right. Mr. Smith agreed. Mayor Kelly invited testimony from members of the audience. MS. ELIZABETH WOLFE, resident of Edinborough Street, stated that the residents who live within the boundaries of Warner Trail, Edinborough, Cardiff and Missouri streets have an opinion on this matter and would prefer to not have horses because of the dust, flies, and smell it would create on the surrounding area properties. She submitted a petition which had been circulated (original on file and of record in the City Clerk's Office, copy attached hereto as Exhibit "A"). She said she was personally opposed to allowing horses because of the many pools in the and the hazard of horseflies which like wet bodies. Councilman Spiegel asked if there had been problems caused by the horses on the two properties which currently have them. Ms. Wolfe responded that there are certain times of the year in the summer when the winds are from the south, and she has heard horses whinnying and had problems with the smells; however, it was not enough to bother her. She said she would hate to think these people would have to get rid of their horses and that they had not really been a problem; however, if all of the one -acre properties have horses, it would create a real problem. MR. FRANZ TIRRE, owner of a lot on Delaware, stated that he would not like to see horses in that area mainly because of the odor and flies and the fact that it would be detrimental to the property. He said he would like to see those people who have horses now grandfathered in and that horses be completely eliminated for the rest of the property where they are not currently existing. MR. JIM JONES, owner of an apartment house on Washington Street, stated that his zoning in the County was R-3 and that it was changed to O.P. which he objected to at the time; however, he had since resolved those problems. He agreed with the previous two speakers and said he 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * would have no objections to the two property owners who presently have horses to be able to keep them and asked that the Council not allow any more. MR. JOEL OSBORNE, Delaware Place, presented a petition from 19 residents of the area between Delaware and Mountain View (original on file and of record in the City Clerk's Office, copy attached hereto and made a part hereof as Exhibit "B") requesting that the area remain for the keeping of horses and supporting the ordinance language proposed by Joel and Patricia Osborne. He said he and his wife had canvassed the neighborhood since they are horse owners in the area. He said this was more than a horse issue and that it was an issue of property rights. This area was laid out in one -acre parcels such that livestock and horses may be kept on the lots. He said they moved into the area seven years ago knowing that horses and livestock may be kept. Developers of the surrounding properties and developments of Palm Desert Country Club, Desert Breezes, and the other area on Edinborough knew and should have informed buyers that this was County land and there were areas that allowed livestock to be kept on the properties. He said it was the buyers' responsibility to be informed in this case. He noted that there had been horses in this area for over 25 years, and no one had complained about horses in the area. If the horses are properly maintained, it will not be a problem, as was stated in the substantial guidelines in the proposal presented by him and his wife six weeks ago. He said one of those guidelines was that boarding would not be allowed because it would be a commercial business which would no longer be allowed. He said the issue of the number of horses that was proposed would allow property owners to maintain a reasonable number. The location of the stalls and exercising of the horses would not be a problem, and he said he had done this for six years with control of dust, odors, and flies. He said horses are not required to be kept in a pasture and are content to be kept in a small space as long as they are properly exercised. He noted that the encroachment on others was not a significant issue because the encroachment was so minor that no one had ever complained about horses until this issue came to light. He said everyone seemed to be most emotional about the issue offlies, and there was no way to eliminate flies on horses; however, if properly maintained, the flies can be mitigated and can be substantially controlled. He stated that horses do not create flies -- flies come to the horses because they sense they have the manure in which they normally would breed. However, flies also breed in any kind of decaying vegetation, such as grass clippings, and golf courses create just as much of a fly problem in the Valley as horses. He said ffies require a great deal of moisture and that he keeps his property as dry as possible except for the watering to control the dust. He asked that the Council enact an ordinance that would keep the property rights of property owners and recognize the unique are of the Delaware, Mountain View, and Robin Lane area and allow the property owners to continue with the history they've had, the rights they've had, and the tradition in this area. Ms. Matilda Jones, apartment owner, stated that everyone has to understand that areas change with time, becoming less and less rural. She said she felt the people who currently have horses should be allowed to keep them and that the rest of the zoning should be changed to not allow horses. JOY OSBORNE, Delaware Place in Palm Desert, stated that she had been riding and showing her horse for the last years and had won numerous awards. She said for the past four years she had 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * been a junior representative at the Coachella Valley Horsemen's Association. She said being able to keep her horse at home with her had taught her responsibility and dedication that had helped her in all aspects of life. She said she had maintained a high grade point average iq all of her high school years which had kept her on the Principal's Honor Roll and earned her an academic letter. She had been accepted at CalPoly San Luis Obispo, would be majoring in Environmental Engineering, and would be taking lessons in the Equine Unit and Breeding Facility there. She urged the Council to keep the entire area zoned for horses. MR. BILL WOLFE said he owned one of the lots backing up to a property with horses. He urged the Council to grandfather in the people who already have horses and gradually phase them out. Councilman Spiegel stated that he had not been aware of horses in Palm Desert. He said the City's ordinance limits horses to three, two big ones and one small, so no one would really be able to board horses. On the other hand, there are no open trails, so if someone wants to ride a horse other than in their own small area, the horse has to be taken to an appropriate place. He said a comment was made that a few people did not like horses, and he felt that this was possibly because of the ffies and the perception of odor from the horses. With regard to the lots, he said he felt one of the problems was that people are worried about their property values; however, they should have thought about that when they moved into the area because horses already existed there. He said his personal feeling was that he did not anticipate too many people moving to Palm Desert with horses because there is no place to ride them. He said while there were approximately 70 lots, he could not see them all filled with three horses and did not think there would be over 200 horses in the area being discussed. He said he did not think if it was advertised in the newspaper that Palm Desert accepts horses on one -acre lots that they would all fill up with horses. He added that if he had a preference, it would be to let the ordinance stay as written and go with it as it was in the County but with the limitation that it be no more than three horses and not something like a big poultry ranch. Councilman Crites stated that there are people in this area who bought and moved in with horses, and there was no issue about what to do with them. There are also a number of people on Mountain View and Delaware who signed a petition stating they want to do that. He said he could understand neighbors not wanting the horses nearby but also agreed with Councilman Spiegel that if you buy a piece of property next to a place where keeping an animal is legal, that is what you bought a property next to and that is what the past law has been and allows. He asked if the City would have the right to set a maximum percentage on which horses may be kept, such as 20%. He said he would have a hard time telling someone who purchased the property five years ago, with the understanding that they could have horses or other animals, that now they cannot have those animals. Mr. Erwin responded that he was not sure whether or not this would be something the City could do. He said his initial reaction was that there may be ways to accomplish something similar to that by allowing a time period within which, if they are going to establish it, they do, and if they do not do it within that period of time, it would be foreclosed. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * — Councilman Snyder stated understood the problem but would have a hard time telling people they cannot do something that the zoning says they are allowed to do and which they knew they were allowed to do when they purchased their property. Councilmember Benson agreed with her colleagues and said she felt the Council needed to encourage strong families, whether it is horses or whatever. She said whether the Council likes specific things or not, it has to consider everyone's needs. The Council has tried to do this with the different types of shopping encouraged in the City so that there is something for everyone. She agreed with Councilman Spiegel and said she did not think the City would have an abundance of people with horses. The City has not had this problem in the past, the County did not have that problem, and there had not been complaints to the City that some of these standards could regulate. She said she would be in favor of leaving the ordinance the way it is now with the other conditions. Councilman Spiegel moved to waive further reading and pass Ordinance No. 840 to second reading, amended to include conditions as outlined in the second recommendation on the staff report dated June 12, 1997. Motion was seconded by Crites and carried by a 4-1 vote, with Mayor Kelly voting NO. D. REQUEST FOR APPROVAL OF A ZONING ORDINANCE AMENDMENT, SPECIFICALLY THE EXPANDED SIGNAGE PROVISIONS WITHIN THE FREEWAY COMMERCIAL OVERLAY DISTRICT, Case No. ZOA 97-1. Mr. Smith recommended that this item be continued to the 7:00 p.m. of the Agenda. Councilman Spiegel moved to continue this matter to the 7:00 p.m. portion of the meeting. Motion was seconded by Snyder and carried by unanimous vote. Mr. Smith stated that contrary to the recommendation on the Agenda, staff was not recommending that this item be continued to the meeting of July 10, 1997. Instead, staff was recommending that the Council table the freeway signage issue. He stated that the Zoning Ordinance Review Committee had met the previous week and concluded that the size and heights that had been proposed in the draft ordinance were inadequate to create visible signage from the freeway. It also concluded that the size and height that would be necessary to create freeway visible signage would be far in excess of what the City would be prepared to allow. Accordingly the Committee directed staff to table the sign provisions of the Freeway Commercial Overlay Zone, and the Committee will continue to address the issue of signage and will be looking at creating a separate sign ordinance for businesses within the Freeway Commercial Overlay Zone. He added that it was suggested by Councilmember Benson that a second member of Council be appointed to participate in the discussions of signage in the Freeway Commercial Overlay Zone. Councilman Spiegel moved to table this matter and appoint Councilman Crites as the second Councilmember to serve on this committee. Motion was seconded by Snyder and carried by unanimous vote. 15 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF MOTHER/CHILD SCULPTURE PROJECT BUDGET RECOMMENDATION. Mr. Nagus reviewed the staff report and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion: 1) Approve staffs recommendation for budget allocation of $150,000.00 from unallocated reserves for the proposed Mother/Child sculpture project; 2) determine account from which funding will come (General Fund, Year 2000 Fund, AIPP Fund). Motion was seconded by Benson and carried by unanimous vote. B. REQUEST FOR APPROVAL, OF HOME IMPROVEMENT PROGRAM GUIDELINES. Housing Coordinator Teresa Larocca reviewed the staff report and offered to answer any questions. Councilman Spiegel stated he felt this was a great program. He said the program indicated that the County offers loans up to $30,000, and he asked how this would work. Ms. Larocca stated that staff here would facilitate the application process for the County program. The County would actually process and either approve or disapprove the application aside from the City. The City would administer and process applications for the City's grant program. She noted that the County has someone in the Coachella Valley three times per week, and the City would facilitate the setting up of appointments for potential applicants. Councilman Spiegel asked how people would find out about this program, and Ms. Larocca responded that advertising would be done through possibly radio and local print media as well as the City newsletter. Councilmember Benson stated that another way people will be advised of this program is by the City's Code Compliance Officers handing out brochures to people as they notice areas that need repairs. Councilman Spiegel moved to, by Minute Motion: 1) Approve guidelines for the City of Palm Desert Home Improvement Program; 2) authorize the use of 22nd and 23rd CDBG funding allocation for the Palm Desert Home Improvement Program; 3) authorize a contract position for the purpose of implementing the Home Improvement Program (Contract No. C12960) Motion was seconded by Benson and carried by unanimous vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * —" XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Diaz stated that he had several items which he was requesting be added to the Agenda as items which arose after the Agenda was posted. 1. Economic DevelopmentBrochure Mr. Diaz stated that this was a request for appropriation of $5,000 for preparation of the Economic Development Brochure. Councilmember Benson moved to add this item to the Agenda for consideration. Motion was seconded by Crites and carried by unanimous vote of the Council. Mrs. Gilligan noted that when this was originally brought to the Council, she had just returned from medical leave and did not realize that she should have included a ten percent contingency because it had not yet been determined how many would be printed. Councilman Crites moved to, by Minute Motion, authorize an additional $5,000.00 to Account No. 110-4416-414-3215 (Purchase Order No. 4914) for production of an Economic Development brochure. Motion was seconded by Snyder and carried by unanimous vote. 2. Consideration of Resolutions in Support of Legislation Relative to the Torres - Martinez Indians. Councilmember Benson moved to add this item to the Agenda for consideration. Motion was seconded by Snyder and carried by unanimous vote. Mr. Diaz stated that the measure previously supported by the Council, a House bill to resolve the land taking from the Torres -Martinez by the Coachella Valley Water District and Imperial Irrigation District last year, was held in abeyance. He said that bill had all of the City's concerns included in it. He noted that the bill had been reintroduced in Congress and that it gave even greater protection than the City had previously, and because of the timing of the measure, it was necessary to reaffirm support of the measure. He added that this bill was sponsored by Congressman Bono. Upon question by Councilman Crites, Mr. Diaz stated that staff did not have a copy of the current bill but that the City was totally out of the area that could be used for additional casinos. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to, by Minute Motion, support the measure as outlined by Mr. Diaz. Motion was seconded by Councilman Spiegel and carried by unanimous vote. 3. Request for Authorization to Advertise and Call for Bids for Paving on the South Side of Magnesia Falls Drive between San Pablo and Monterey Avenue (Contract No. C12980). Mr. Diaz stated that there was a timing problem as part of the PM10 issue. Councilmember Benson moved to add this item to the Agenda. Motion was seconded by Crites and carried by unanimous vote. Mr. Folkers stated that staff was contacted by Jerry Mechanick of CVAG, and there is funding available for doing this work. He stated that complaints had been received from the Monterey Homeowners and the College of the Desert where the property has had dust blowing, etc., and this was an opportunity to do something similar to what was done with Mountain View and Delaware. Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for paving on the south side of Magnesia Falls Drive between San Pablo and Monterey Avenue (Contract No. C12980) Motion was seconded by Snyder and carried by unanimous vote. 4. Request for Approval of Rental Agreement for Portola Palms Mobile Home Park Space Number 8$ Councilman Snyder moved to add this item to the Agenda. Motion was seconded by Benson and carried by unanimous vote. Mr. Diaz noted the report distributed to Council prior to the meeting and recommended approval of the rental agreement. He noted that Housing Programs Coordinator Teresa LaRocca was available to answer any questions. Councilman Spiegel moved to, by Minute Motion, ratify a rental agreement between the City of Palm Desert and Mr. and Mrs. Ventura Munoz for the rental of a mobilehome owned by the City of Palm Desert and located on Space 88 at Portola Palms Mobile Home Park. Motion was seconded by Snyder and carried by unanimous vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Request for Closed Session Mr. Erwin requested a Closed Session at an appropriate time to discuss items listed on the Agenda. In addition, he asked that the Council add an item to the Closed Session under Government Code Section 54957.6 so that instruction may be given to labor negotiator dealing with the City Manager and the Palm Desert Employees Organization. In addition, he asked that an item be added to both the City Council and Redevelopment Agency Closed Session Agenda under Government Code Section 54956.9(a), City of Palm Springs v. Redevelopment Project Area No. 2 in Palm Desert, Indio Superior Court 51124. Councilman Spiegel moved to add these items to the Agenda. Motion was seconded by Crites and carried by unanimous vote of the City Council. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: APN 624-162-009 Negotiating Parties: Michael A. Noto, Ruth Ann Demos, George D. Demos Agency: City of Palm Desert Property Owner: Owner; dba Palm Desert Lodge Under negotiation: Price a_ Terms of Payment 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: .3 C. CITY CLERK None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration JaLRequest from Building Industry Association Desert Chapter for Waiver of City Fees for the BIA House in Palm Desert (Mayor Richard S. Kelly). Councilman Crites moved to, by Minute Motion, approve the request and waive the City's fees involved with the BIA house in Palm Desert. Motion was seconded by Benson and carried by unanimous vote. On behalf of the City Council, Councilman Crites commended the BIA for undertaking this project. Mr. Mike Marix addressed the Council and stated that he had brochures to distribute to the Council if desired. Upon question by Councilman Spiegel, Mr. Marix responded that completion was expected approximately October 1, 1997. He also asked that the Council not disclose the names in the brochures until such time as all of the people have been notified. 2. considcradon of Contracting for Design Consulting Services for the Parkview Office Building Conference Room (Mayor Richard S. Kelly). Mayor Kelly stated that the conference room at the lower level of the Parkview Office building was in dire need of rehab. He suggested that a design consultant be hired, just as the City did for the Administration Building lobby. He added that everyone knows the City owns that Parkview Office Building, and there would be a lot more pride if the conference room looks nicer. Councilmember Benson suggested that this be included with the consultant that is being brought in to do the Community Services Building lobby. Mayor Kelly agreed that it could be done all at the same time. Councilman Spiegel moved to, by Minute Motion, combine the design of the Parkview Office Building Conference Room and the remodel of the Community Services Building lobby and bid the two projects together. Motion was seconded by Snyder and carried by unanimous vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Consideration of Letter from the McCallum Theatre Relative to Educational Outreach Program. Councilman Crites asked that this item be added to the Agenda for the express purpose of authorizing Councilmember Benson, as.the Council's representative to the McCallum Board, to make the proposed trip to look at ways in which the Lincoln Center Institute Programs may be of value to local high schools, middle schools, etc. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilmember Benson ABSTAINING. Councilman Crites reviewed the letter from the McCallum Theatre dated June 12, 1997, suggesting that selected members of the McCallum Theatre Board visit the Lincoln Center Institute's summer workshops in New York scheduled for July of 1997. He said he felt Councilmember Benson's presence would be valuable and that it would be an appropriate gift from the City to pay for that. Councilman Crites moved to, by Minute Motion, approve the request for out of State travel and expenses for Councilmember Benson to visit the Lincoln Center Institute in New York in July. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilmember Benson ABSTAINING. o City Council Committee Reports: 1. Councilman Crites reported that the CVAG Energy and Environment Committee had met earlier that day. He said there were two reports that he felt were of importance to the City Council. One was from Robyn Nagle, the County's representative on the Salton Sea Authority, that we are getting a lot of positive participation by all of the members who represent southern California in the U.S. Congress to seek funding for solutions to the Salton Sea. He distributed copies of an article from the Los Angeles Times discussing some of the issues. Councilman Crites stated that the second item of interest was that Bill Haver, Executive Director of the Coachella Valley Mountains Conservancy, attended the meeting and gave an update on the multiple species planning effort. That effort was going along well, and it was hoped to have a final set of maps done by the end of this year which would show plant and animal communities, what is protected, what is not, where we need to go, etc. He added that all of this was being done with the cooperation of the BIA and other business entities. 2. Councilman Crites distributed a report on "oleander blight" and said that data from the University of Riverside indicated that this had now been found in the Tustin area of Orange County. In addition, Caltrans was now beginning to find it on the oleanders on the freeway. It was also in the City of Palm Springs which had passed an ordinance to no longer allow the use of oleanders for landscaping. He noted that this particular blight was internal to the stem and 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * stopped the ability of the plant to transfer water. He added that there did not appear to be anything that could be done at this time to combat it. He said he felt the Council needed to be aware of it in light of the many oleanders in the City itself, and he also felt it should be discussed at the Architectural Review Commission level when landscaping is being discussed. Mr. Smith stated that the City had already started moving people away from the use of oleander. 3. Councilman Crites .;.,„ .t:,1 that CVAG had interviewed five candidates for the position of Environmental Affairs Director and had announced that Steve Nagle had been selected to fill this position. He said he had sat on the interview panel and would concur with that choice. 4. Councilman Crites stated that he had left shortly to take a telephone call when it was time for the election of officers for the CVAG Energy and Environment Committee and when he returned, he found that he had been appointed as Chair for an additional two years. 5. Councilman Snyder reported that a meeting had been held of the Joint Powers Authority to further the Thermal Airport into a better airport earlier that day. He said the FAA and the State had approved the funding to fence the Airport, and the bids would go out next month for that project. 6. Councilmember Benson reported that at the final meeting of the Children's Museum of the Desert, the contractor gave an update and the building will probably be ready for dedication and opening the first part of December. 7. Councilmember Benson stated that with regard to the McCallum Theatre, when Mark Shubart was out here from the Lincoln Center, they met with Dr. Kroonen and all of the school superintendents and representatives relative to the programs such as the Lincoln Center has to involve children. She said they were all very receptive, and their comments were that they would like more information on how to integrate it with their programs. She stated that this was some of the purpose of visiting New York in July. In addition, as part of their community outreach, the McCallum Theatre was putting on two summer camps, July 7-11 and July 14-18, and the price was in the same range as other programs in the Valley. 8. Councilman Spiegel stated there would be a major announcement Saturday by Cal State San Bernardino relative to its Palm Desert campus. He said this would be a very positive announcement, and he encouraged everyone to look for it in the Desert Sun this weekend. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B DR. RICHARD FARMER, Executive Director of the Foundation for the Retarded of the Desert, home address 44-201 Hazel Canyon Lane, Palm Desert, expressed the Foundation's appreciation to the Council for all of its work and assistance. He said the Foundation was one of the leading organizations, especially in the Riverside County area, in providing services for the developmentally disabled and all mentally retarded individuals. He said the State of California and Inland Regional Center visited the Foundation within the past two weeks to evaluate the programs. They indicated that out of the 1,500 organizations providing similar services in Riverside County, this organization ranked in the top four. In addition, they were so impressed with the programs that they are now assisting the Foundation in trying to expand services, and programs for the disabled would be opened within the next three months in Anza. In addition, they are assisting with opening a very new project in Palm Springs, where the Foundation will merge with another program called Koala -Tee Printing. This is a profit enterprise organization that is going to be working with the Foundation in providing a better service to the disabled and to the business community as well in doing silk screening, offset printing, printing, and embroidery work. In addition, as of Monday, the Foundation had gone on the Internet and was known as "desertarc.org". Upon motion by Crites, second by Spiegel, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 5:25 p.m. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Continued Business Items B, C, and D were continued to the 7:00 p.m. portion of the Agenda. Please see those portions of the Minutes for Council discussion and action. XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENTS TO CIVIC ARTS COMMITTEE, PROMOTION COMMITTEE, AND POLICE ADVISORY COMMITTEE (Continued from the Meetings of May 8 and May 22, 1997.) Councilman Crites moved to, by Minute Motion: 1) Appoint Mr. Jim Lopez to the Promotion Committee; 2) appoint Mr. Robert Paul to the Civic Arts Committee; 3) appoint Mr. Dale Gribow to Police Advisory Committee, who will then be leaving the Civic Arts Committee. Motion was seconded by Spiegel and carried by unanimous vote. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF APPOINTMENT TO PALM DESERT LIBRARY COMIvu i i rt. Councilman Crites moved to, by Minute Motion, appoint Mr. George Kermode to the Palm Desert Library Committee. Motion was seconded by Spiegel and carried by unanimous vote. Councilman Spiegel noted that there is a vacancy on the Economic Development Advisory Committee for the restauranteur position, and staff would come back to the Council at the next meeting with a recommendation for that vacancy. C. PRESENTATION OF CERTIFICATES OF APPRECIATION TO PARTICIPANTS WHO HAVE COMPLETED ONE YEAR IN THE STUDENT PROGRAM. Human Resources Manager Gloria Darling thanked the Council and staff for their support of the students and the Student Work Program. She explained the program for the benefit of the audience and introduced Ms. Danielle Surdin, one of the students who participated in the program. Ms. Surdin expressed her gratitude and appreciation to the Council and staff. She said she had learned a lot during her year as a student worker and was excited to be able to work as a regular employee now. She thanked the Council on behalf of her fellow student workers. Mayor Kelly presented certificates of appreciation to Ms. Surdin and also to Daniel Garcia, Maintenance Aide in Public Works. Ms. Darling noted that three of the students who participated were not able to attend this awards ceremony for various reasons. These students were as follows: Jennifer Berardo, Office Aide in Public Works; Tate Jansen, Office Aide in Redevelopment; and Jennifer Sierra, Office Aide in Finance. She said they really wanted to attend but that circumstances prevented their doing so. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF PRELIMINARY ANNUAL LEVY REPORT FOR PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, FISCAL YEAR 1997/98. Mr. Gibson reviewed the staff report, noting that this public hearing was an opportunity for individuals to comment on aspects of the assessment district prior to the public hearing for finalization of the acessment levy. He stated that there was no official action necessary other than to receive testimony. He noted that telephone calls had been received relative to the way notices were addressed. In talking to Muni Financial who provided the data base for the City, they indicated that the County of Riverside provided them with information which included three fields, the first of which included only one name; therefore, whatever name was in that 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * first field was the name that appeared on the notices. Staff apologized and said it was not the intention to omit anyone's name. Councilman Spiegel stated that in other words, if the was jointly owned by a husband and wife, the husband's name might be the only one on the notice. Mr. Gibson agreed and said that would happen if the husband's name was the one in the first field. Upon question by Councilman Crites, Mr. Gibson stated that in the future the notices will either be addressed to the property owners owning the 1.1,Q.or to "Mr. and Mrs." and the name. Councilman Spiegel stated that he had received an official ballot in the mail from the Coachella Valley Recreation and Park District. After reading through the information, he found that he had to cut off the ballot, provide an envelope, put a stamp on the envelope and either mail it to India or drive down there. He said he felt it was most unfortunate the way it was put together because if he had not already known it was coming he would have thrown it away. He commended Mr. Gibson for the way the City of Palm Desert's ballots were presented. He said they went out well indicating what they were, they included prepaid return envelopes, and they identified what the assessment district is and why it is there. Councilman Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MS. MARIANNE BERGSON, Hovley Lane in Primrose Development, stated that she had received her official ballot and had several questions. With regard to benefits from the zone, the information indicates the district is supposed to maintain the area with trees, flowers, shrubs, water, etc. She said the information indicated this would be along the east side of Hovley Lane; however, she felt this meant along the north side of Hovley Lane from the western to the eastern boundary because Hovley Lane does not have an east side. She said she paid $204.24 last year, and based on 39 homes in the area, that comes out to a little over $3,700, and she questioned what was done with that money and what the City would do with this year's assessment. She also stated that information sent to her indicated this year's assessment would be less because of the City's contribution to the Cook Street medians, and she felt these medians were not part of Primrose II. She said in her area, the homeowners themselves are putting in the plantings on the town land, which is on the outside of the wall that borders the property. If this is not done by the homeowners, it is not done at all. Senior Management Analyst Tom Bassler stated that the zone for Primrose provided for landscaping along the perimeter along Hovley Lane on the north side generally between Carlotta and Hemingway plus on the west side of Carlotta along a small portion of the perimeter. The developer had maintained it for a period of time and then abandoned it. There were problems with the plant material because there was no legal electric meter hooked up and the water system had a major break in it. The City went in and made the necessary repairs and 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * removed a lot of the plant material. The cost itself goes to provide landscape maintenance, electric service, the street light on the corner, water for the plantings along there, etc. He said there had been considerable expense and cleanup due to the developer abandoning the development. He said it was also his understanding that there were other plantings that were being replaced as part of this. He noted that any monies previously collected do go and stay within the pool for that particular subdivision, and any monies not spent carry over. Ms. Bergson stated that she had been in this development since inception, including the difficulties with the builder. She said she did not feel it took $3,700 to pull up dead plants, and they have not been replanted. She said she could not see where anything has been changed from the time they first moved in three years ago. Councilman Crites asked that staff work with the residents to provide a copy of the expenditure report for the last fiscal year in terms of monies expended in that assessment zone. Mr. Busier responded that he could provide this information in terms of utility bills and landscape amounts that have been paid out. Councilman Crites added that if people did not want to participate in a City assessment district, they have the right to set up their own district of homeowners and tend to it themselves. MR. PAT KELLY, a resident of the Kaufman & Broad development, asked for the same consideration as will be given to Ms. Bergson as to expenditures for maintenance in his area. He said it looked now as if the maintenance has been discontinued for quite some time. He said he understood the assessments and agreed with them but said he did not feel they were getting anything of value at this time. MS. DIANNA McGINNITY, a resident of Monterey Meadows, 40-501 Meadow Lane, requested the same consideration but for a different reason. She said her development had been paying $5,093 per year for two blocks, and it was so overgrown that residents could hardly pass by. She said residents knew when the contractor was going to come along and cut the bushes; it is usually right before a meeting such as this, and the contractor cut the bushes earlier that day. She said she had brought pictures with her showing people having to walk and ride in the street because they cannot pass by. She said there were a lot of bougainvilleas which grow horrendously in the desert, and she felt they should not be in this area to begin with. She asked for an accounting for the money and said she agreed with the assessment if people can pass by. MR. AL GERNSBACHER, a resident of Sonata, 40-640 Posada Court, expressed concern about the present level of maintenance, particularly at the intersection of Hovley Lane and Posada Court and Centennial. He said the two trees at either corner were so overgrown that it was impossible to see the street signs. He said residents had continually called and asked the City to come up and view the situation, but either no one comes or someone comes and cuts off a few tree limbs. In addition, he said the planter boxes were in disrepair, there was bare land along Hovley Lane because things had died and not been replaced, an electric light had 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * been out for three years and had never been replaced, etc. He said maintenance people were out there today but that he felt it was only because of the City Council meeting today. He asked for an itemized expenditure for his area. Councilman Crites suggested that the City's Arborist be asked to go out tomorrow and check the trees and see what can be done to mitigate Mr. Gernsbacher's concerns. MS. MARY JANE CORDON, Virginia Avenue, stated that she had purposely purchased a free-standing home because she did not want to assume homeowners' dues. She said she was confused about some of the questions and answers in the information packets sent out to residents. The information sent out noted that only 2,800 parcels would be voting and that all the country clubs had established homeowners associations which maintain areas around and within their confines. She said the Palm Desert Country Club was not a walled community as are others in the City, and she asked if Palm Desert Country Club maintains its own areas and its own lighting or if she was paying for that. Mr. Bassler responded that Palm Desert Country Club association is broken up into several sections, including the Country Club, the golf course, and the clubhouse facility, swimming pool, etc. The assessment district was originally part of the County Service Areas 26 and 131. This was an ongoing acsacsment levied by the County before the area was incorporated into the — City. That County Service Area became a City assessment district which provides the same services, including the street lighting and the maintenance of the landscaped median on Avenue of the States at the entryway. This has always been paid by the property owners through a special assessment, either to the County or now to the City. He said the street lighting was the majority of the service provided and that there were 223 street lights throughout that area. The cost of maintenance for power was $22,000 per year, with the landscaping being a relatively minor cost compared to that. Mayor Kelly declared the public hearing clo. Councilman Crites stated that a letter had been received from Paul and Sue Beaty relative to the assessment district, and he asked that staff also respond to this letter. With Council concurrence, staff was directed to work with residents and provide statements of expenses for the various zones. XIX. ORAL COMMUNICATIONS - D None 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Mr. Diaz asked that Council add an item to the Agenda relative work that is to be done at San Pablo and Highway 111 and the turn as it impacts the Ed Mullins Pharmacy. He said staff was requesting authorization to advertise and call for bids for the parking stalls close to Highway 111 and maintain the timing agreements with the property owner. Councilman Crites moved to add this item to the Agenda. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, authorize staff to advertise and call for bids for parking lot improvements at Ed Mullins Pharmacy (Contract No C12990). Motion was seconded by Kelly and carried by unanimous vote. Upon motion by Snyder, second by Spiegel, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 8:20 p.m. ATTEST: / SHEILA R. GIw GAN, CIT'I CLERK CITY OF PALM DESERT RICHARD S. KELLY, I 'AYOR 28 111.1NUT ES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * p.AriIbJ1 "A" jug �/1 PETITION I� Presented to the Palm Desert City Council on June 12, 1997 C G urther to recent discussions at several recent City of Palm Desert Council and Planning Committee meetings, we as residents, who live within the boundaries of Warner Trail, ...47.1 Edinborough, Cardiff, and Missouri Streets, would like to express our opinion on the subject of allowing horses in the neighboring Residential Estate district. We support a complete ban on horses in the area, since they would encourage dust, flies, and smells. With the growth in the surrounding areas in the last 3-10 years, plus new housing developments in progress on the immediate south side, we feel that this is no longer a Waal area and we would like to preserve the value of our properties. We do, however, feel it is reasonable to allow existing horses in the area to stay if they are regulated to insure sanitary conditions, as per the recommendations of the Project Area 4 Committee. DDRESS AMIE ►rsl f �arui H2A .tail l 1�) 9a•t// 4/7 5CS �iv ca", 57 , ? ! .. F 2Z// -777 Fdm � (1 i) 9 rf 77'JI7 fdi/1frnctgl / A 922 /72-&13 .rhrouyh D.221) #i*n' (-70/e'Dd.� G_ �a /J. �OY�i/r1 iMAV2V-- n 2) ;Ya o , 5oIa,. ->e ote g.1,7 m►t�¢;,,, o(t t4 e CLA4 fit.,;._ ;)J90f JL?' cfv, `J 2 z ! ) go)-63R /-/9s7 j, St 922i/ Lf2 Sr° s-541e.s 5 S4- 9-22 l I 77G7r tit„ L gl. , / P. Qzzit Z - Wail t{ C;i1' ((Z—(701 ((PcPOc(ZZII ?SAX e,4Y)/f� 47,U09 .n 922k( /-1723 E P47. 77 649 c:o(rM )vurll Lid1R(,-1 qz((/ ffa)W•,fs 9// /Q 9z2 (/ 1;.£ilews 4-- 4. ? 6�? F�,'eJ ,ram SC SF• 7761 -r - /. c l .� � dry, 2? ) - 6.r, /7-G6 1 t Sf. 4z -(- ( 5vssex Y7 - 6A/ .S, c rQ,a 475 11 big ' 'oe(ra•!- sr -»t-y4 51 - .29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 14,An1nee "A" 06/10/97 15:38 M & N CLAIM SERVICE INC 4 619 773 4590 00/O9/67 MON O7:43 FAX 010 773 9690.9NNENRERG CENTER PETITION Preaent*d to the Palen Desert City Council on Ju»s 12,1997 urthss to *scant discussions at several recent City of Palm Desert Cvttncil and Committee meetings, we as residents, who live within the boundaries of Warner Edinboeough, Cardiff, and Missouri Streets, would like to express ~opinion On the JubJed of allowing horses In the neighboring Residential Estate district We support a crimplete ban on horse& the area, since they would encourage dust, flies, and smells. With the growth in the surrounding areas *the last 3-10 years, plus new housing developments M progress on the immediate south side, we feel that dais is no lord a rural area and we would like to preserve the value of our properties. We do, however, feel it is seasonable to allow relating horses in the area to:stay if they are mutated to insure sanitary conditions, as per the ■econunendaticns of the Project Area a Committee. No.088 P02 AVOWS a-1131 Cat" 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * j�.�lt11p11 "B' Petition to the City Of Palm Desert We the signed are residents of Delaware Place, Mountain View Road, Robin Road, Latisha Lane. We wish that the area above remain for the keeping of horses and we support the ordinance language proposed by Joel and Patricia Osborne. NAME .S,�r�.T �a-_. ADDRESS 1 h A A'# - \/ (r121A/ SIGNATURE 'S, NAME ADDRESS SIGNATURE NAME ADDRESS SIGNATURE NAME ADDRESS SIGNATURE NAME ADDRESS SIGNATURE NAME ADDRESS SIGNATURE 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * j Aiiinix "B" Petition to the City Of Palm Desert We the signed are residents of Delaware Place, Mountain View Road, Robin Road, Latisha Lane. We wish that the area above remain for the keeping of horses and we support the ordinance language proposed by Joel and Patricia Osborne. NAME ADDRESS SIGNATURE NAME ADDRESS WAI•1E F SuVANisE vv \GK " - A9-E_ Q LACe-. , CD, . 141-21: SIGNATURE ic? -0 - NAME /,Z V /jJI CrIgo.c Y)4/C,PSTt /' ADDRESS SIGNATURE Q / ✓tom--�/ (-J NAME D. 97- Soo z ADDR J2 7 7 O )" - it (Q) 4e&- YL 1 SIGNATU��C�g NAME&yam ADDRESS "27,iR ) LL Ja4„ / ( c SIGNATURE NAME P4 ,, / t1/17-, 7 e. ADDRESS 9 7fyo �) /A lit/a/je, Ph . 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JiAitlnti "B" Petition to the City Of Palm Desert -- We the signed are residents of Delaware Place, Mountain View Road, Robin Road, Latisha Lane. We wish that the area above remain for the keeping of horses and we support the ordinance language proposed by Joel and Patricia Osborne. NAME 41//jl \ J . 0l sN',J ADDRESS -7 6 QDp7.4 !�H- 4'ti7/ ADDRESS SIGNATURE NAME ADDRESS SIGNATUR NAME 1-ECRy ADDRESS 77r1 I 1 m-m. VIEW SIGNATURE .....14.447 I NAME ADDRESS SIGNATUR NAME 7 9-7 2/( elf. tGbr 7T 42 777 /72nct P ADDRESS 1-) "-? m / VI l-A) SIGNATURE ,� J 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 12, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * k,Ari n11 "B" • Petition to the City Of Palm Desert We the signed are residents of Delaware Place, Mountain View Road, Robin Road, Latisha Lane. We wish that the area above remain for the keeping of horses and we support the ordinance language proposed by Joel and Patricia Osborne. NAME /6? 71,P 17/ /1, ADDRESS 777A,t �/�� 42, ,// SIGNATURE NAME Dnn 1 Li ww k 'e y..nLb) ADDRESS SIGNATURE (I 1/yuito NAME "R'CLAI (t. AAd4 4A-T 1 ADDRESS -T� v(1.. , CMU L SIGNATURE i NAME .,. L7/%.4L %�, /C ADDRESS _S SIGNATURE NAME Gul, ADDRESS 27 o SIGNATURE NAME 1Ck\ j sSCJi 1 42-S ADDRESS t °Li ) I` j \`�J fV U Qr SIGNATUR 34