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HomeMy WebLinkAbout1997-03-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel M. INVOCATION - Mayor Richard S. Kelly 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 Phil Drell, Director of Community Development Carlos L. Ortega, Redevelopment Agency Executive Director Paul Gibson, City Treasurer/Finance Director Pat Conlon, Director of Building and Safety Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MRS. BARBARA BOWIE, Principal Librarian; reported on February's statistics for the Library as follows: - 23,730 items circulated, more than double the circulation in February 1996 - 1,419 items checked out for the College of the Desert side of the Library 14,484 inquiries answered compared to 6,818 for same month last year MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - 34 volunteers gave 265 service hours 244 children participated in eight programs - 18,000 people passed through the front doors - 669 people attended 44 meetings in the community and. seminar rooms 547 new library cards issued Mrs. Bowie also noted that on March 5, 1997, the public information kiosk was installed and is now operational. She stated that by next month she would be able to advise the Council as to how many people are using this service on a monthly basis. She added that in approximately two weeks, people will be able to use their home and office computers to reserve items from the Library. She also submitted the above noted statistics in written form to the City Clerk in response to Council's request at a previous meeting. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 27, 1997. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 48 and 50. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Jerry Donald Miles for Guido's Pizza Parlor, 72-790 El Paseo, Palm Desert. Rec: Receive and file. D. MONTH -END INVESTMENT REPORT dated January 31, 1997. Rec: Receive and file. E. CITY OF PALM DESERT SINGLE AUDIT of Federally Assisted Grant Program for Fiscal Year Ended June 30, 1996. Rec: Receive and file. F. LETTER OF RESIGNATION from Ms. Linda Alderman from the City's Sister Cities Committee. Rec: Receive with sincere regret. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Cook Street Median Improvements (Contract No. C12340). Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for Cook Street median improvements between Frank Sinatra Drive and Country Club Drive; 2) appropriate $50,000 from the unobligated Year 2000 fund reserve for the project. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1997 Slurry Seal Resurfacing Program (Contract No. C12350, Project No. 751-97 Phase II). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the 1997 Slurry Seal Resurfacing Program. I. REQUEST FOR AWARD OF CONTRACT for Engineering Design of Highway 111 and Highway 74 Intersection Improvements (Contract No. C12360, Project No. 626). Rec: By Minute Motion: 1) Approve engineering design proposal from Robert Bein, William Frost & Associates for the subject engineering street design in the amount of $66,200 plus a ten percent contingency of $6,620 for a total amount of $72,820, funds available from Account No. #213-4387-433-4001; 2) authorize the Mayor to execute the agreement. J. REQUEST FOR AWARD OF BID for Landscape Maintenance Services for Consolidated Maintenance Area No. 4 (Contract No C12300). Rec: By Minute Motion, award the bid for Consolidated Maintenance Area (CMA) No. 4 to Valley Gardening Service, Palm Desert, in the amount of $32, 813.50 ($2,117.00 per month). K. REQUEST FOR AWARD OF BID for Landscape Maintenance Services for Consolidated Maintenance Area No. 3 (Contract No C12290). Rec: By Minute Motion, award the bid for Consolidated Maintenance Area (CMA) No. 3 to Valley Gardening Service, Palm Desert, in the amount of $75,640.00 ($4,880.00 per month). L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C11060, Signal Modifications at Three Locations (Country Club Drive and Oasis Club Drive, Project No. 567; Tamarisk Row Drive, Country Club Drive, and Resorter Blvd., Project No. 575; Country Club Drive and Park Center Drive/Barrington Drive, Project No. 553). Rec: Removed for separate discussion under Section IX, Consent Items Held Over. See that section of the Minutes for Council discussion and action. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REOLIEST FOR APPROVAI, of Reassignment of Deep Canyon Storm Drain Phase II Design Services (Contract No. C09850, Project No. 516-95). Rec: By Minute Motion, approve the reassignment of the design services contract for Deep Canyon Storm Drain - Phase II to Engineering Resources of Southern California, Inc. N. RESOLUTION NO. 97-19 - 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 (February 1997). Rec: Waive further reading and adopt. Mr. Diaz asked that Item L be removed for Held Over, of the Agenda. Upon motion by Spiegel, second by Snyder, as presented by unanimous vote of the City Council. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: separate discussion under Section IX, Consent Items the remainder of the Consent Calendar was approved A. ORDINANCE NO. 823 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING VOLUNTARY EXPENDITURE CEILINGS FOR MUNICIPAL ELECTIONS IN THE CITY OF PALM DESERT (Continued from the Meetings of December 12, 1996, and February 27, 1997). Mrs. Gilligan reviewed the staff report, noting the summary which outlined changes to the Election Code as a result of the passage of Proposition 208. She noted that the Council could set a voluntary expenditure ceiling in any amount up to $1.00 per resident in the City. In addition, the ordinance also included an option for incentive to provide candidates' statements at no charge to those candidates who agree to the voluntary expenditure ceiling. She also noted Resolution No. 97-22 in the packets establishing the number of residents of the City for the purpose of determining the voluntary expenditure ceiling for City elections. Councilman Spiegel stated that as he understood this, if the Council did nothing, there would be no ceiling on how much a candidate could raise, but individual contributors could only give up to $100.00. If the Council were to adopt a voluntary expenditure ceiling, individual contributors could then give up to $250.00. He said the City's current population was 33,474 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and asked what the ceiling would be if the Council set the per resident amount at $.75. Mrs. Gilligan responded that the amount would be $25,105 per candidate. Councilman Spiegel stated that he felt $25,000 would be a fair limit. Upon question by Councilmember Benson relative to Item 9b on page 5 of the summary, Mrs. Gilligan responded that this would apply to all of the Council positions because the entire Council makes appointments to City committees and commissions, not individual Councilmembers as in some cities. Mayor Kelly stated that there were pending lawsuits challenging the validity of Proposition 208. He asked if there would be less chance of someone challenging the voluntary expenditure ceiling if the Council were to implement it at $1.00 per resident as approved by the voters. Mr. Erwin responded that he was not sure adopting the ceiling at a lower amount would increase the chances of someone challenging the validity. He said he felt the possibility of a challenge to this proposition would have to be on a much larger constitutional basis other than a variation of the $1.00 per population. Upon further question by Mayor Kelly as to whether there was a chance the City's decision would be challenged, Mr. Erwin responded that he doubted that would happen. Mayor Kelly asked how many other cities had adopted such a ceiling. Mrs. Gilligan responded that La Quinta and Palm Springs were taking the matter to their respective Councils this month and that she did not know about the other cities in the State. Mayor Kelly asked whether this matter could be continued to find out what other cities are doing. Mr. Erwin stated that if Council wished, it could pass the ordinance to second reading, and if there are changes between now and the next meeting, the Council could then make changes to the ordinance. He suggested that the resolution also be held until second reading of the ordinance. Councilman Spiegel moved to: 1) Waive further reading and pass Ordinance No. 823, to second reading, amended to establish a voluntary expenditure ceiling in an amount equal to seventy-five cents ($.75) per resident of the City; 2) continue Resolution No. 97-22 to the meeting of March 27, 1997. Motion was seconded by Crites and carried by unanimous vote. 5 UNUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 829 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR REGULATION AND NOISE CONTROL OF PORTABLE POWERED BLOWERS AND ADDING SECTIONS 9.24.020 AND 9.24.075 TO CHAPTER 9 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA. Senior Code Compliance Officer Evelyn Bridges reviewed the staff report, noting that several letters had been received and were included in the packets. She said several other letters had been received just that day which she had not yet had an opportunity to review. Upon question by Councilman Crites relative to whether or not staff has received any letters in support of the continued use of gas powered leaf blowers, Mrs. Bridges responded that she had only received correspondence from a manufacturer of these devices. Councilman Spiegel stated that he had spoken with the City Manager of Indian Wells about this issue since Indian Wells is the only city in the Coachella Valley that has an ordinance on leaf blowers. He said he asked him if there were any problems with the ordinance and was advised that he did not remember there being any problems except possibly one. Councilman Spiegel stated that he had received more calls and letters on this issue than anything in the years he has been on the Council. He added that he did not feel what staff had put together was restrictive enough based on what people are telling the Council. Mrs. Bridges stated that is was the intention of the Code Enforcement staff to take direction from the Council on this issue. She said she had received a lot of information just in the last two days, and prior to that she had received only two letters. MR. MURRAY MAGLOFF, Chaparral Country Club, stated he felt the ordinance as proposed did not go far enough and that all blowing of leaves should be eliminated in the City of Palm Desert because of the noise and air pollution they cause as well as for health reasons. Mayor Kelly asked Mr. Magloff whether the association where he lives has eliminated blowers. Mr. Magloff responded that the gardeners in the association blow only on the streets and that the patios are swept with brooms. Upon further question by Mayor Kelly as to why the association has not banned blowers in the country club, Mr. Magloff stated that they were not banned because the gardeners complained that it would cause them a hardship. Councilman Snyder stated that he, too, had received more calls and letters on this issue in the last four days than on any other issue in the recent past. He said he would like to see the ordinance made tougher. Councilmember Benson agreed and said she felt the ordinance should be to get rid of the blowers once and for all, not just to regulate them. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that the Indian Wells ordinance bans gas powered leaf blowers except for golf course operators during the summer. He said he felt if the gas powered blowers were not good for the golf course in the winter, they were not good in the summer either. He said one of the issues was noise. He said gas powered blowers are higher in noise ambiance than electric, and banning gas powered blowers would get rid of the majority of the noise issue. He said gas powered blowers are a lot more powerful and throw dust higher in the atmosphere. He suggested that if the Council were to ban gas powered blowers, perhaps something could be put in the next newsletter requesting input on whether or not the Council should eliminate individual homeowners' electric powered leaf blowers as well. Mayor Kelly stated he felt the ordinance should be that no one is permitted to operate portable blowers. Councilman Spiegel moved to, by Minute Motion, direct staff to prepare two ordinances for consideration at the next City Council meeting, one to eliminate all mechanisms defined as leaf blowers within the City, and one that would eliminate gas powered leaf blowers and still allow individual homeowners to operate electric powered blowers. Motion was seconded by Snyder and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 826 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 24.16 OF TITLE 24 OF THE PALM DESERT MUNICIPAL CODE REGULATING OUTDOOR LIGHTING REQUIREMENTS AND REPEALING CHAPTER 8.28 OF TITLE 8 OF SAID CODE. Mr. Diaz stated that here had been no changes to this ordinance since introduction, and he recommended adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. $26. Motion was seconded by Snyder and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C11060, Signal Modifications at Three Locations (Country Club Drive and Oasis Club Drive, Project No. 567; Tamarisk Row Drive, Country Club Drive, and Resorter Blvd., Project No. 575; Country Club Drive and Park Center Drive/Barrington Drive, Project No. 553). Mr. Folkers stated that staff had discovered a spelling error in the internally illuminated sign for Barrington and, therefore, requested that this matter be continued to the next meeting. Councilman Crites moved to continue this matter to the meeting of March 27, 1997. Motion was seconded by Spiegel and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. PRESENTATION BY MR. VERN KEENER AND MR. JIM NOON OF SOUTHERN CALIFORNIA GAS COMPANY RELATIVE TO GAS PIPELINE PROTECTION. Two gentlemen from Southern California Gas Company indicated that Mr. Keener and Mr. Noon could not attend and had asked them to make a presentation in their absence. They reviewed their program to protect the pipes from elements in the soil and stated that they currently had one permit pending and had one other installed in the City already. Mr. Diaz stated that the request was that the Gas Company be allowed to put these poles in the City on an individual basis. Upon question by Mayor Kelly, Mr. Folkers responded that these have to go through an approval process and that staff was not happy with the way they had located the one installation. With Council concurrence, staff was directed to prepare a report and recommendation for a future City Council meeting. B. CONSIDERATION OF CONTINUED CONTRACT WITH BIG BROTHERS & BIG SISTERS OF THE DESERT FOR LEASE OF THE PORTOLA COMMUNITY CENTER. Risk Manager Ken Weller stated that he had been working with this organization for some time to have it comply with the terms of the lease as far as providing insurance. He said he spoke with a representative last week who indicated he had received an application for insurance. Since that time the application has been completed and referred to the organization's underwriter for processing. He requested that the Council continue this matter to the next meeting. Councilman Spiegel moved to continue this matter to the meeting of March 27, 1997. Motion was seconded by Benson and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF ADMINISTRATIVE POLICY AND GUIDELINES FOR A CITY COUNCIL RETIREE HEALTH CARE PROGRAM. A. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Spiegel moved to: 1) By Minute Motion, approve the Administrative Policy and Guidelines for a City Council Retiree Health Care Program; 2) waive further reading and adopt Resolution No. 97-20 adopting a City Council Retiree Health Care Program. Motion was seconded by Kelly 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated he felt the report did a good job of pointing out that there are lapses in the existing policy, and under the current policy for all employees, spouses are not covered. Mr. Wohlmuth stated that dependents are covered but that beneficiaries are not. He said spouses are covered as long as the retiree is alive, and once the retiree dies, benefits go away. Councilman Crites stated he felt anything that members of the Council receive in terms of this issue should be consistent with what members of staff receive. He said he would have to vote against the motion. Councilmember Benson agreed and said she had a concern on the eligibility part of the program. She said she did not feel that having four years of service entitles anyone to what this program would give. She said she could not vote for it. Mayor Kelly suggested that the employees' plan also be looked at. Councilman Crites stated he would be supportive of a motion to continue this matter but that he felt this would set a poor policy to have a member of the Council serve for a certain number of years and retire at the age of 50 when other employees doing the same thing are treated in a different manner. Mayor Kelly called for the vote. Motion was DEFEATED by a 2-3 vote, with Councilmembers Benson, Crites, and Snyder voting NO. D. REQUEST FOR APPROVAI. OF NEW PROPOSAL AS SUBMI11 ru BY PROMOTION COMM' i 1 tt RETAIL MARKETING SUBCOMMi i i r i. Mrs. Gilligan reviewed the staff report, noting that the first retail promotion program was now completed. She said the new plan was entitled "Million Dollar Days" and would help to increase retail sales during the summer months. She said the program had been presented to the Promotion Committee in February and was unanimously approved. Councilman Spiegel moved to, by Minute Motion, approve the program as recommended by the Promotion Committee and approve payment of $55,000 from the Street Fair Retail Marketing Account. Motion was seconded by Benson and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. CONSIDERATION OF REQUEST FROM OPTIMIST INTERNATIONAL FOR ENDORSEMENT OF OPTIMIST INTERNATIONAL CHILD SAFETY PROGRAM. Mr. Diaz stated that staffs recommendation was to approve the request and authorize that a letter be sent. Councilmember Benson moved to, by Minute Motion, approve the request and authorize the Mayor to send a letter to Optimist International. Motion was seconded by Crites and carried by unanimous vote. F. REQUEST FOR APPROVAL OF ART -IN -PUBLIC -PLACES AND CIVIC ARTS COMM' i i Et RECOMMENDATIONS RELATIVE TO COMMISSION OF PETER DONARTH ARTWORK BY DR. FRANK KERRIGAN. Mrs. Gilligan stated that staff would like to pull this item at this time and would bring the matter back at a later date. Councilman Snyder moved to, by Minute Motion, approve staffs recommendation to withdraw the request at this time. Motion was seconded by Crites and carried by unanimous vote. G. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers updated the Council on the progress of these interchanges, noting that May 16th was the target construction completion date for the Cook Street Interchange and that staff hoped to have it completed prior to that date. 2. Progress Report on Retail Center Vacancies Mr. Diaz reported that discussions with Palm Desert Town Center representatives were continuing and that he would be meeting with them again in April. He said he was also meeting with a representative of Palms to Pines West to put a program together to revitalize that center. 3. Home Improvement Program Housing Coordinator Teresa LaRocca reviewed the two reports in the packet describing the Home Improvement Program currently available through the County of Riverside. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel stated he felt this was a wonderful program. He noted that in November there were 40 homes identified as needing assistance, and he asked if there was an implementation date to see results. Ms. LaRocca responded that staff could start processing those 40 units immediately. Councilman Spiegel stated that he would like to see plans and a time line, and Ms. LaRocca responded that staff would begin work in that direction. 4. Sister Cities International Conference Update Community Arts Manager John Nagus noted the report in the packets and offered to answer any questions. Upon question by Councilman Spiegel, he noted that he anticipated 200 attendees. Councilman Crites noted that when he was in Washington recently, he had to go through a security checkpoint at the Hartford Office Building. When he mentioned that he was from Palm Desert, two people behind him indicated they were attending a Sister Cities National Conference in Washington and had a commitment to attend the conference here in Palm Desert. He congratulated Mr. Nagus for a job well done. Mr. Nagus also noted that a Councilmember from Palm Desert's Sister City of Gisborne, New Zealand, would also be attending the conference. He said an invitation that had been extended last year to 30 Maori dancers was accepted, and the dancers were able to raise the money to attend. Upon question by Councilman Crites relative to other performances in the community, Mr. Nagus responded that they were currently scheduled to perform at the Friday night Mayor's Reception. He added that Committee member Mike Kellner was also working on taking the dancers around the community. Councilman Crites suggested that they put on a performance at Palm Desert High School. Mr. Nagus noted that Committee member Gus Jones was working with the Key Club at Palm Desert High School. Councilmember Benson stated she felt Mr. Nagus had done a great job on this conference which was floundering six weeks ago when he took it over, and she expressed her appreciation to him for his efforts. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. CONSIDERATION OF Ltd 1 tit FROM RICHARD DARLING RELATIVE TO LEAF BLOWERS (Continued from the Meeting of February 27, 1997). With Council concurrence, this letter was received and filed. Mrs. Gilligan noted that staff would send a letter to Dr. Darling advising him of Council's action with regard to the proposed leaf blower ordinance. XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF FINAL RESOLUTION RELATIVE TO ANNEXATION NO. 33, SANTA ROSA COUNTRY CLUB AND APPROPRIATION OF FUNDS FOR STATE BOARD OF EQUALIZATION FEE. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 97-21, completing Annexation No. 33 which was before LAFCO February 27, 1997; 2) by Minute Motion, appropriate $500.00 for State Board of Equalization administrative fee from the unobligated general fund reserve. Motion was seconded by Spiegel and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF REMOVAL OF PARKING ON THE WEST SIDE OF PORTOLA AVENUE NORTH OF FRED WARING DRIVE. Mr. Folkers reviewed the staff report, noting that one resident expressed concerns as outlined in the report. He said staff would try to mitigate these concerns as much as possible. Councilman Crites moved to, by Minute Motion, approve the removal of parking on Portola Avenue from Fred Waring Drive to Quicksilver Drive. Motion was seconded by Benson and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. ,SB1310 - City of Covina Legislatigp Relative to One -Cent Sales Tax Being Given Back to Cities Mr. Diaz said the City of Palm Desert originally supported this legislation and that there were some misconceptions as far as the present legislation. He said what will occur is that if a local city votes to be a participant in the process, the State will take 1 % less sales tax and distribute that 1 % on a per capita basis. If a city chooses not to participate, the State will take that 1 % and split it among those cities and counties that 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do participate. He said this would mean approximately $90 per capita, which will be about $3.2 million in sales tax. He said staff will be keeping an eye on this legislation. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time to consider items listed on the Agenda. 1) Report and Action on Items from Closed Session Made at This Meeting. Mr. Erwin announced the following actions taken in Closed Session: a) Adoption of Resolution No. 97-23 authorizing the sale of certain real property to the Palm Desert Redevelopment Agency and authorizing a loan to the Palm Desert Redevelopment Agency of the purchase price thereof (relative to property in Section 4). The Resolution was adopted by a 4-1 vote, with Councilmember Benson voting NO. b) Approval of a Purchase and Sale Agreement for said real property and authorization for the Mayor to execute said Agreement (Contract No. 12380). 2) Request for Closed Session Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632-RJF 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: C. CITY CLERK Aftlib Mrs. Gilligan expressed her appreciation to the Council for their support during the last month when she was off on medical leave. She also thanked Deputy City Clerk Mary Gates, Community Arts Manager John Nagus, and Council Secretary Pat Scully for their assistance during this time. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Approval of the Use of City Stationery by the Palm Desert Chamber of Commerce for Use in Mailing Letters to Merchants Announcing the July Chamber/City Retail Promotion Campaign (Mayor Pro-Tem Jean Benson). Councilmember Benson stated she had discussed this matter with City Attorney Dave Erwin who indicated it would be okay to use City stationery for this announcement as long as the Council approves it. She said the Mayor would sign the letters, and she noted that this was not a Chamber of Commerce promotion. Mrs. Gilligan expressed concern with the Mayor signing the letter because of the mass mailing regulations relative to mailings to over 100 people. Mr. Erwin stated he was not aware that the Mayor would be signing the letters. Mrs. Gilligan suggested that perhaps the letters could be signed by the City Manager, and Mr. Erwin agreed. Councilman Spiegel moved to, by Minute Motion, approve the request and authorize the City Manager to sign said letters. Motion was seconded by Crites and carried by unanimous vote. o City Council Committee Reports: 1. Councilmember Benson stated that last week's Soroptimist Night on El Paseo was a tremendous success. She said it was really nice at night to see stores lit up and the Trolley going up and down the street. She noted that people on the Trolley were singing "This is My Kind of Town". 2. Councilman Spiegel stated that a sign would be unveiled tomorrow morning at 10:00 a.m. at the site of the Cal State San Bernardino campus in Palm Desert. He said fund raising was well under way, and in the not too far distant future an announcement would be made relative to a ground breaking ceremony. 3. Councilman Spiegel stated that he and Mr. Folkers had previously been given the task of contacting the owner of property adjacent to the Saks store to see what could be done so that Larkspur would not have to be closed. He said at the present time the owner was involved in discussions with the general contractor, and it did not look like there would be any problems. He added that the property owner would contact him if any problems arise. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Councilman Crites expressed appreciation to Councilmember Benson for chairing the Living for Your 90's committee. He said 550 people attended the luncheon at the Marriott the previous day and that it was sold out. XIV. ORAL COMMUNICATIONS - B None Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 5:25 p.m. to Closed Session for consideration of items listed on the Agenda under City Attorney Reports and Remarks. Mayor Kelly reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C MR. BRUCE PATTENGILL, 44-805 Deep Canyon, addressed the Council relative to the new Lucky Store at Deep Canyon/Highway 111. He thanked the Council for the great landscaping but expressed concern with the traffic, especially the illegal left turns and the u-turns in his circular driveway. He added that he had gone to see the manager at Lucky about the semi trucks exiting on Deep Canyon instead of Highway 111, but the manager had been no help. Mr. Diaz stated that staff would provide a report at the next meeting. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE PALM DESERT LIBRARY COMM' i i tt TO FILL THE VACANCY CREATED BY THE RESIGNATION OF STEPHANIE WEINBERG (Continued from the Meetings of February 13 and February 27, 1997). Councilman Crites moved to, by Minute Motion, appoint Ms. Beth Ash to the Palm Desert Library Committee to fill the vacancy created by the resignation of Stephanie Weinberg. Motion was seconded by Spiegel and carried by unanimous vote. B. PROCLAMATION DECLARING THE WEEK OF MARCH 16-22, 1997, AS "MEDIATION WEEK" IN THE CITY OF PALM DESERT. Mayor Kelly read and presented the proclamation. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. PROCLAMATION DECLARING TUESDAY, MARCH 25, 1997, AS "DIABETES AWARENESS WEEK" IN THE CITY OF PALM DESERT. Mayor Kelly read the proclamation and presented it to Mr. Mark Nichols. D. PROCLAMATION DECLARING THE MONTH OF MARCH AS "AMERICAN RED CROSS MEMBERSHIP ENROLLMENT MONTH" IN THE CITY OF PALM DESERT. No one was in attendance to receive this proclamation, and Mayor Kelly asked the Deputy City Clerk to make sure the appropriate people receive it. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF A ZONING ORDINANCE AMENDMENT AND CHANGE OF ZONE TO ESTABLISH A FREEWAY COMMERCIAL OVERLAY DISTRICT IN WHICH EXPANDED USES MAY BE PER/kill i wli SUBJECT TO ISSUANCE OF A CONDITIONAL USE PERMIT, SAID CHANGE OF ZONE TO BE AN OVERLAY TO CERTAIN PROPERTIES NEAR THE I-10 INTERSECTION WITH MONTEREY AVENUE, COOK STREET, AND WASHINGTON STREET, Case Nos. ZQA 97-1, and Ca 97-2. Mr. Diaz stated that staffs recommendation was that this public hearing be continued to the meeting of April 10, 1997. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED. No testimony was offered. Mr. Marvin Rouse, Mainiero-Smith, spoke as a representative of David Freedman Company and asked that the Council include the Freedman property in this proposed Freeway Commercial Overlay Zone. Councilman Spiegel moved to continue this matter to the meeting of April 10, 1997. Motion was seconded by Crites and carried by unanimous vote. B. CONSIDERATION OF APPROVAL OF A CHANGE OF ZONE FROM R-3 (MULTIPLE FAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) FOR THE EXISTING OFFICE COMPLEX AT 44-875 DEEP CANYON ROAD, THE NORTHWEST CORNER OF DEEP CANYON ROAD AND ALESSANDRO DRIVE, Case No. C/Z 97-1 (Dennis Godecke, Applicant). Mr. Diaz stated that staffs recommendation was that the Council approve this change of zone. He said the use was already there and that there would be no changes in use or anything else. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 13, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly declared the public hearing Qam and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing clastd. Councilman Spiegel moved to waive further reading and pass Ordinance No. 828 to second reading. Motion was seconded by Snyder and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Crites, second by Spiegel, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 7:18 p.m. to 4:00 p.m. on Tuesday, March 18, 1997, for a joint meeting with the Redevelopment Agency and Desert Willow Committee. ATTEST: AHEILA R. GILLICAN, C ERK CITY OF PALM DESERT RICHARD S. KELLY, MAYOR 17