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HomeMy WebLinkAbout1991-10-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tempore Richard S. Kelly convened the meeting at 4:05 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore S. Roy Wilson III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Councilman Buford A. Crites Councilman S. Roy Wilson Mayor Pro-Tempore Richard S. Kelly Also Present: Mayor Walter H. Snyder Bruce A. Altman, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, City Clerk/P.I.O. Carlos L. Ortega, ACM/RDA Executive Director Ramon A. Diaz, ACM/Director of Community Development Richard J. Folkers, ACM/Director of Public Works Paul Shillcock, ACM/Director of Economic Development Pat Conlon, Director of Building and Safety Paul Gibson, City Treasurer/Finance Director John Wohlmuth, Environmental Conservation Manager V. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 10, 1991. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Warrant Nos. WR0905, WR0908, WR0910, and WR1004. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. RESOLUTION NO. 91-119 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files for the General Services/Purchasing Department that have been Microfilmed. D. Rec: Waive further reading and adopt. REQUEST FOR APPROVAL of City of Palm Desert's Participation in the California Healthy Cities Project. Rec: Waive further reading and adopt Resolution No. 91-120, supporting the Healthy Cities concept and indicating the City's intent to continue to participate. E. REOUEST FOR REFUND of Prior Fiscal Year Business License Fee by Lois Ruth Bartel. Rec: By Minute Motion, approve the refund of $85.00 to Lois Ruth Bartel for prior fiscal year business license fee. F. REOUEST FOR REFUND of Prior Fiscal Year Building Permit for Robert Bruning. Rec: By Minute Motion, approve the issuance of a refund to Robert Bruning for Permit No. 5391 dated May 16, 1991, in the amount of $325.34. G. REOUEST FROM THE CITY OF INDIO Relative to Adoption of a "Blinder Rack" Ordinance. Rec: Refer to City Attorney for report and recommendation. H. REOUEST FOR CONSIDERATION of National Pollutant Discharge Elimination System (NPDES) Municipal Permit Requirements. Rec: By Minute Motion, authorize staff to advise the County of Riverside Transportation Department of the City's intent to co -permit with the County for NPDES permit purposes. I. REOUEST for Signalization Fee Credit for Waring Plaza, Precise Plan 90-13 (DSL Service Company, Applicant). Rec: By Minute Motion, authorize a credit of traffic signalization fees in an amount not to exceed $97,000.00. 2 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * .- * * * * * * * * * * * * * * * * * * * * * * * * J. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Maintenance of the Sports Complex (Contract No. 00-582). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. K. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for the Silver Spur Storm Drain (Contract No. 00-583). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. L. REOUEST FOR ACCEPTANCE OF WORK for Monterey Avenue Bike Path (Contract No. 00-550). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REOUEST FOR APPROVAL to Release Subdivision Improvement Security for Tract Map 25639 (RAM Development & Construction Co., Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to reduce the amount of the subdivision improvement securities to ten percent of their value as maintenance security for a one-year maintenance period. N. REOUEST FOR AWARD OF BID for Purchase of Three Replacement Pickup Trucks. Rec: By Minute Motion: 1) Reject the low bid for the subject purchase; 2) award the bid for the subject purchase to Indio Chrysler in the amount of $33,551.33. O. REOUEST FOR APPROVAL of Facility Management System Service Contract (Contract No. 00-584). Rec: By Minute Motion, authorize the Mayor to enter into a contract with LBT Engineers, Inc. in the amount of $875.00per month for the Facility Management System service contract. P. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-542, Landmark Organization, for Civic Center Addition. Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract in the amount of $65,558.00; 2) instruct the Director of Finance to transfer $65,558.00from the unobligated contingency funds, Account No. 231-4533-0000. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson asked that Item I be removed for separate discussion under Section IX, Consent Items Held Over. Councilman Wilson asked that item P also be removed for separate discussion. Upon motion by Crites, second by Wilson, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Councilmembers present. VI. ORAL COMMUNICATIONS - A None VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 656 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 25.38 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE P- PUBLIC/INSTITUTIONAL DISTRICT, CASE NO. ZOA 91-2. B. ORDINANCE NO. 659 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTERS 25.28 AND 25.30 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO THE COMMERCIAL DISTRICTS, CASE NO. ZOA 91-3. Mr. Altman asked that this item be continued to the meeting of November 14th. Mr. Erwin added that the ordinances needed three affirmative votes to pass. Councilman Crites moved to, by Minute Motion, continue Ordinance Nos. 656 and 659 to the meeting of November 14, 1991. Motion was seconded by Benson and carried by unanimous vote of the Councilmembers present. 4 MINUTES REGULAR PALM DESERT 'TY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. CONSENT ITEMS HELD OVER I. REOUEST for Signalization Fee Credit for Waring Plaza, Precise Plan 90-13 (DSL Service Company, Applicant). Councilmember Benson expressed concern with installation of a traffic signal on Fred Waring at the entrance to this project and said she did not recall that such a signal had been authorized. She said she felt there were already too many signals on Fred Waring Drive to put another one in. Mr. Folkers responded that staff felt a signal was valid because of a conflict point on Fred Waring. He said the distance was approximately 420 feet from the Highway 111/Fred Waring intersection and that dual turns would be provided in both directions. Councilman Crites asked whether this was a condition of approval for DSL, and Mr. Folkers responded that it was but that the intent was to put it in when it meets warrants. Councilman Crites added that the City did not have to put one in if it did not want to do so and said he felt it would only clog up the traffic in the area, which seemed to be the inevitable result of this type of improvement. Mr. Folkers stated that the signal was also intended to help people on the south side and that staff felt this was one way to provide safety in this area. However, staff would look at this issue again if it was the Council's desire. He recommended continuing the matter and said staff would come back with a report addressing concerns expressed. Councilman Wilson said he agreed with his colleagues and had a real problem with so many traffic signals so close together. He felt the spacing of signals on Fred Waring Drive between Town Center Way and Highway 111 was adequate, and anything more than that would be too much. In addition, he felt the signals should be programmed in such a way as to make people on the side streets wait for one minute for the signal to change and thus keep the traffic on the major streets moving. Councilman Kelly asked if Council was willing to allow staff to come back with a report. Councilman Crites said it was his understanding that Mr. Folkers felt this was the right thing to do; however, he did not agree and felt it was not the right thing. Councilman Wilson said he felt other options, such as a median, should be considered. Councilman Crites moved to, by Minute Motion, continue this matter to the meeting of December 12, 1991. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. 00-542, Landmark Organization, for Civic Center Addition. Upon question by Councilman Wilson, Mr. Conlon reviewed the staff report and explained the reasons for the additional costs, noting that the change order consisted of five parts dealing with demolition of the covered walkway structure on the north side of the building, relocation and reconstruction of the computer telephone wire connecting the Civic Center Park to the computer within the Public Works area, rerouting of the temporary water line which supplies the fire sprinkler system on the existing building, additional grading work needed to prepare a wet soil condition found at the nine foot excavation depth on the north wing addition, and removal, realignment, and replacement of the six-foot wide pedestrian sidewalk extending along San Pablo on the west side of the Civic Center Complex. Councilman Wilson asked whether an effort would be made to continue looking for the water causing the wet soil condition, and Councilmember Benson asked whether it would cause any other problems. Mr. Conlon responded that he did not think it would cause any other problems at this time and that staff would be working on it but did not know where the water was coming from. Councilman Crites asked why the City was paying for the replacement of the sidewalk if the people who trimmed the trees were to the ones who caused the damage. Mr. Folkers responded that the cracking of the sidewalk had taken place over a long period of time and that it was not possible to tie it to one particular contractor who did the work. Councilmember Benson stated she was more concerned about not finding the water. Mr. Altman responded that as far as the building itself, staff was not concerned and had mitigated the problem per the recommendations of the soils engineer. Councilman Wilson stated that since we are water conservationists, we should be concerned about where the water is coming from. Councilman Crites added that he would bet that if it is wet where the new building is going to be located, it is also wet under the existing building. Mr. Conlon responded that the water was only on the northern one-third of the site. He added that staff would continue to look into the source and would probably need to hire a consultant to do the work and look into the matter for the City. Councilman Crites moved to, by Minute Motion: 1) Approve Change Order No. 1 to the subject contract in the amount of $65,558.00;2) instruct the Director of Finance to transfer $65,558.00 from the unobligated contingency funds, Account No. 231-4533-0000. Motion was seconded by Benson and carried by a 3-1 vote, with Councilman Wilson voting NO. MINUTES REGULAR PALM DESERT ' TY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * - * * * * * * * * * * * X. NEW BUSINESS A. CONSIDERATION OF REOUEST BY WASTE MANAGEMENT OF THE DESERT FOR APPROVAL OF NORMAL ANCILLARY USE OF AN EXISTING FACILITY FOR THE PURPOSE OF ESTABLISHING A RECYCLE CENTER. Mr. Wohlmuth reviewed the staff report, noting that Waste Management wanted to have a site to collate and prepare recycled materials to be delivered to market without having to go through a middle man. MS. KATHY MITCHELL, Recycling Coordinator for Waste Management, stated that her company had been recycling 17% of the City of Palm Desert's waste. She said approval of this request would allow residents to sell their recyclables and would also allow Waste Management to assist the City in reaching the State -mandated levels of recycling set forth by AB939. She also showed slides of current operations and a proposed buy-back center. Upon question by Councilman Wilson, Mr. Diaz responded that a Conditional Use Permit was not required for this because it was considered a normal ancillary use. However, if Council wished, the Architectural Review Commission could review the matter and make a recommendation. Councilman Crites asked why the matter was before the Council if it was a normal ancillary use. Mr. Diaz responded that staff felt it was important to bring it to Council at this time and address any concerns. MR. RAY BURKE, Waste Management, stated they were trying to give residents an opportunity to sell their items to Waste Management. Councilman Wilson asked whether all the activities were already in existence and what was being discussed here was only the matter of a buy-back center. Mr. Burke responded that this would make it a more professional, cleaner, safer, and efficient operation and that activities shown were already going on at the present location. He said they were proposing to do exactly the same landscaping as they did for the last expansion. He added that it would take about six months to get the recycling center ready for people to use. Councilman Wilson moved to, by Minute Motion, permit the normal ancillary use of an existing facility for the purpose of establishing a recycle center. Councilman Crites asked if it would be possible to shift the hours of operation. He said there was nothing available in the evenings, and people who work from 8:00 a.m. to 4:00 p.m. would have no option except Saturdays, which is not always a good option. He added that he felt it would be nice to have the center open at least one evening each week. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. JOHN LAVENDER, Waste Management, stated that they would be flexible on the hours. Councilman Crites seconded the motion, and it carried by unanimous vote of the Council. B. REOUEST FOR APPROVAL OF SKYLIGHTS AT THE MARRIOTT DESERT SPRINGS RESORT FOR THE ANNUAL CHARITY EVENT GIVEN BY THE HEART INSTITUTE OF THE DESERT, DONNA CASSIDY-GROVES. APPLICANT, Mr. Altman stated there was a report in the packets from Mr. Diaz and that staff was requesting a City Council policy decision in this matter. Councilman Kelly noted an error in the staff report, which indicated the request was for a skylight permit from 6:00 p.m. to 12:00 a.m. on November 16th. He said although the letter from the applicant indicated the event would be held from 6:00 p.m. to 12:00 a.m., the request was to have the skylight from 5:30 p.m. to 7:30 p.m. Councilmember Benson moved to, by Minute Motion, approve the request for use of skylights at the Marriott Desert Springs Resort from 5:30 p.m. to 7:30 p.m. on November 16, 1991, for The Heart Institute of the Desert annual charity event. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. C. INFORMATIONAL ITEMS: 1. Palmer CableVision Update. Mr. Ortega noted a report had been included in the packets relative to complaints received and how they were dealt with. 2. Update on Tri-Cities Sports Facility. Mr. Diaz reported that since the last meeting, a representative from the Bureau of Land Management had gone over the site for Phase III and found some remnants of Cahuilla Indian pottery. He said the City was contracting with a company to do an archaeological survey, which would take four to six weeks to complete. He added that work on the Environmental Impact Report was continuing and staff would wait for final results of the archaeological survey. 3. Status of Date Palm Grove. Mr. Shillcock reported formal Request for Proposal had been prepared for the approximately 20 acres on Hovley Lane. He said the RFP indicated the date palm grove was to be an integral part of the park and should be so placed as to be easily accessible to everyone. He added that the RFP would be distributed to staff tomorrow so that comments could be returned within three weeks, and then staff would bring back to the Council those responses. 8 MINUTES REGULAR PALM DESERT 'Y COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * *---4 * * * * * * * * * * * * *--* * * * * * * * * * * XI. CONTINUED BUSINESS meeting. A. RMOUEST FOR CONSIDERATION of Landscape and Lighting Assessment for Fiscal Year 1991/92 for Tract 23982-Sonata I (Continued from the Meetings of August 22 and September 26, 1991). With Council concurrence, this item was continued to the 7:00 p. m. portion of the Council B. REOUEST FOR FORMATION OF COMMUNITY FACILITIES DISTRICT TO FINANCE THE PUBLIC CAPITAL IMPROVEMENTS, INFRASTRUCTURE, AND FEES RELATING TO THE CONSTRUCTION OF INDIAN RIDGE COUNTRY CLUB (Continued from the Meeting of October 10, 1991). Mr. Altman noted the report in the packets from Mr. Ortega and stated that he was available to answer any questions. Councilman Kelly asked how this district would affect the Cook Street Assessment District. Mr. Ortega responded that the Cook Street Assessment District was addressed in the preannexation and development agreement between the City and Sunrise Desert Partners. He added that the developer had agreed to fund the Cook Street Assessment District out of this Indian Ridge Community Facilities District. Councilman Wilson asked if it had been determined what the per parcel unit assessments would be once the project is subdivided and homes sold. Mr. Ortega responded that it was too early yet to determine such assessments and that it would be necessary to hire an appraiser and a tax consultant to give us the value of various improvements in order to determine the lien to value ratio. Councilmember Benson asked what would happen if the country club did not proceed and it was time to do the overpass. Mr. Ortega responded that the Indian Ridge district had a very short time schedule. He said bonds would be sold in February and that this district was ahead of the Cook Street Assessment District. If the Community Facilities District is not created, we would still create the Cook Street Assessment District. Councilman Wilson moved to waive further reading and adopt Resolution No. 91-116, accepting the petition filed by Sunrise Desert Partners, authorizing staff to commence proceedings to form the District, and' approving an agreement (No. 00-581) regarding certain monies that the developer agrees to advance to the City in connection with such District. Motion was seconded by Benson and carried by unanimous vote of the Councilmembers present. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JOI. OLD BUSINESS A. REQUEST FOR CONSIDERATION of Computer RFP Evaluation and Award of Contract for Acquisition of Computer Software and Hardware Systems (Contract No. QQ Mr. Gibson reviewed the staff report, noting that Recommendation Numbers 3, 4, and 5 were options that were extra. He said Mr. Tug Tamaru would answer any questions and that HTE and IBM vendors were available to make short presentations. Upon question by Councilman Crites relative to a kiosk feature, Mr. Gibson responded that it was included in the HTE proposal He said this would allow people at the Palm Desert Town Center to access information such as locations of parks and any events taking place in those parks. He said the current proposal was to have a fixed station for this information because of the way it needs to be set up and tied in with a modem (phone line) connection. Mr. Tamaru added that there was a wireless system available, but it would be a project in itself to get the necessary radio frequencies. Councilman Wilson stated that he had the opportunity to look at the system and its capabilities but felt the Council might like to hear from HTE and IBM representatives. MR. DAVID HOSFORD, Sales Representative from HTE, gave an overview of the system. With regard to the kiosk, he said it could be used in the stand-alone mode if a limited program was put together. He said several pieces of information could be stored but that it would not be able to go back on-line without a power source because it does not run on batteries. Councilmember Benson asked whether the equipment being purchased included what was needed for the additional buildings being constructed now. Mr. Altman responded that the proposal included the future expansion. Mr. Gibson added that the only thing not included was PC's for any additional personnel hired in the future. Upon question by Councilman Wilson relative to how this system will be funded, Mr. Gibson responded that $550,000 was approved in the 1991/92 budget in the Year 2000 Capital Reserve. In addition, $89,000 had been carried over from last year's budget and $50,000 would come from the new construction tax funding account, the same account being used for the new Civic Center wings. He said staff was also requesting an additional appropriation from the Year 2000 Capital Reserves for Recommendations #3 (Optical Imaging System) and #4 (Geographical Information System). Councilman Wilson stated he had the opportunity to see the system demonstrated and that the first time around he was not very happy with the proposal and felt the City should have gone with an IBM compatible system. He said he now felt what the City 10 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * _ * r * * * * * * * * * * * * * * * * * * * * * * * * * was getting would be a much better system and that he would support the additional options recommended by staff. He said the Optical Imaging System would replace the need to microfilm documents and would pay for itself in several years. Mr. Gibson added that the City spends approximately $25,000 per year to microfilm records. Upon question by Councilmember Benson regarding what happens to the system we have now, Mr. Gibson responded that the RFP from the current vendor indicated the City could only get $8,000 for the total system. However, staff planned to advertise with a national marketing group across the United States to computer vendors for the mini computers in order to get the best possible price for it. The PC's could be either be donated to the College of the Desert and high schools or declared surplus and sold to the highest bidder, which was staffs recommendation. Councilmember Benson noted there were organizations supported by the City, such as the Historical Society, which are looking for computers. Mr. Altman responded that staff would come back to the Council with ideas. Councilman Wilson asked whether a terminal would be accessible near the Council offices so Councilmembers would be able to call up data, and Mr. Gibson responded that there would be one available. Councilman Wilson moved to, by Minute Motion: 1) Accept consultant Tug Tamaru's report on evaluating the RFP proposals on Management Information Systems and award the bid to Harward Technical Enterprises (HTE), Contract No. 00-585; 2) authorize staff to negotiate and the Mayor to execute an agreement with HTE to provide software applications, hardware, computer and telephone cabling, computer training, and implementation assistance; 3) authorize staff to add an optional Optical Imaging System to HTE contract and appropriate an additional $88,254 from the unobligated Year 2000 Capital Project Reserves; 4) authorize staff to negotiate and the Mayor to execute an agreement with HTE to acquire data base necessary for immediate usage of Geographical Information System based on option selected by Council and appropriate funds necessary for said option; 5) authorize staff to fill temporary part-time computer technician position in order to coordinate, assist in data conversion, and implement MIS requirements. Motion was seconded by Benson and carried by a 3- 1 vote, with Councilman Crites voting NO. 7GII. REPORTS AND REMARKS A. CITY MANAGER 1. Palm Desert Middle School Expansion Mr. Altman stated this matter had come up after the Agenda was posted. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Altman noted the staff report in the packets. Mr. Diaz stated that the Desert Sands Unified School District had requested approval to use the undeveloped two and a half acre City -owned piece of land along Rutledge to expand Palm Desert Middle School rather than expanding the school into the Portola Park area. He said staff wished to discuss this with the District and would come back to the Council with a proposal. Upon question by Councilman Crites, Mr. Diaz responded that the residents on Rutledge would be notified and this matter would be discussed with them. Councilman Wilson moved to, by Minute Motion, direct staff to meet with Desert Sands Unified School District staff to discuss an agreement for use of the City -owned park area adjacent to Palm Desert Middle School along Rutledge. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers present. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code Sections 54956.9 (a) (Levald v. Palm Desert re: Indian Springs Mobile Home Park; Palm Springs v. Palm Desert, Indio Case #51124) and (b), and 54956.8, Real Property Transactions (acquisition of Westinghouse seven plus acres on Highway 74). C. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Appointment of Additional Promotion Committee Member Councilman Wilson moved to add this item to the Agenda for discussion. Motion was seconded by Benson and carried by unanimous vote of the Councilmembers present. Councilman Wilson moved to, by Minute Motion, appoint Mr. Dick Shalhoub to the Promotion Committee and expand membership on said Committee to 12, with membership to return to 11 if any resignations occur. Motion was seconded by Crites and carried by unanimous vote of the Councilmembers present. 2. Yellow Umbrellas in Gorman Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. Councilman Kelly stated that he had recently driven to Gorman to view the yellow umbrellas and felt the display was spectacular. He said he thought it would be nice to organize a field trip to Gorman, rent a van, and invite members of the Civic Arts Committee and Art -In -Public -Places Committee to attend. He felt this would be both an educational and rewarding experience 12 MINUTES. REGULAR PALM DESERT ( Y COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * *-1: * * * * * * * * * * * *-* * * * * * * * * * * for everyone. He added that they were scheduled to come down on October 31 st and suggested the field trip be scheduled for Wednesday, October 30, 1991. Councilman Crites moved to, by Minute Motion, approve the request by Councilman Kelly to organize a field trip on Wednesday, October 30th, to visit the yellow umbrellas in Gorman and invite members of the Civic Arts Committee and Art -In -Public -Places Committee to attend. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. o City Council Committee Reports: 1. Art -In -Public -Places Councilman Crites stated he had attended a seminar at the League of California Cities conference relative to public art. He said the way the City's ordinance is written, a developer is assessed a fee for public art and is then allowed to place a piece of art in lieu of the fee. He said a number of attorneys said the City would be much stronger legally if it had a requirement for a dedicated piece of public art and if that did not work for the developer, a fee could be collected instead. He added that the Art -In -Public -Places Committee agreed and said he would like to work with the City Attorney and the Committee to revise the Art -In -Public -Places ordinance. Council concurred. 2. Artwork at Haystack and Hiehwav 74 Councilman Crites said he felt the City had a beautiful piece of art at Haystack and Highway 74. He expressed concern that there might soon be a problem because the City's watering system gets the sculpture wet, and a calcium deposit has already formed. He asked that staff look into this matter as soon as possible. 3. Liability Insurance Relative to Skateboarding Councilman Crites stated that he had noticed in the packets at the League of California Cities conference that there was a State law regarding some form of liability insurance indemnifying cities relative to skateboarding. He said he would like to see the City Manager get people together and look into a place to let the youth in the City do something they really enjoy. 4. Council Appointed Employee Evaluations Councilman Wilson stated that one of the League of California Cities sessions he attended dealt with evaluations of Council appointed employees. He said he felt the way the City currently did it was haphazard. He felt a formalized process should be set up for regular and annual evaluations and that the Director of Personnel should bring it to the Council each time. In addition, he felt the Council should be focusing on the City Attorney and City Clerk as well as the City Manager. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly agreed and suggested that the new Human Resources Director look into this matter. 5. Councilman Kelly reported that the resolution before the League of California Cities convention to make Riverside County a separate division was defeated 128-100 even though he had worked really hard to get it passed. He said the new president of the Inland Empire Division had promised to form a committee to work on this issue. He said he would impress on the committee the fact that 90% of the elected officials want to have a separate division. He added that it was possible somewhere down the line that he would be asking the Councilmembers to sign a petition. Councilman Wilson asked who had voted against the split. Councilman Kelly responded that at the Inland Empire Board of Directors meeting, the separate Riverside County division had passed very easily. However, the Resolution Committee then recommended denial, and it was defeated on the floor. He said it was a hotly debated issue and that 18 or more people from Riverside and San Bernardino Counties had spoken. He said all of the people from San Bernardino County voted against it, while all of the Riverside County representatives voted in favor. He added that the Cities of Riverside and Moreno Valley did not speak to the issue and that Calimesa spoke in opposition. He said there would be another resolution at the 1992 League meeting and that he was certain he could present the issue so that the Inland Empire Board of Directors would recommend approval. 6. Councilman Wilson reported that he had attended a land use planning conference which he felt was a really good session with a lot of ideas about land use planning related issues, pedestrian and bike traffic, and public transit. One issue that was really brought out was that the way density is figured needs to be changed. He said there were ways to have higher density and plan projects so that open space is brought together in one place and make it easy for pedestrians to walk to where they want to go and still have open space around that would include public transit. XIV. ORAL COMMUNICATIONS - B MS. KIMBERLY MARVIN, 135 Villa Court, Board of Directors of Shelter from the Storm, women and children in the Coachella Valley. this facility and asked for assistance from the Palm Desert, stated she was a member of the Inc., which was building a shelter for battered She explained the plans for raising funds for City of Palm Desert. Council suggested that this matter be reviewed by the Charitable Contributions Committee and asked that Ms. Marvin submit the information to the City Clerk. 14 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Pro- Tempore Kelly adjourned the meeting at 5:55 p.m. to Closed Session for reasons stated by the City Attorney. He reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Mayor Pro-Tempore Kelly asked that Council consider Oral Communications prior to the Sonata I item from the 4:00 p.m. session. Council concurred. A. RUOUEST FOR CONSIDERATION of Landscape and Lighting Assessment for Fiscal Year 1991/92 for Tract 23982-Sonata I (Continued from the Meetings of August 22 and September 26, 1991). Mr. Folkers reviewed the staff report, noting that staff had hoped to have the developer pay for the relandscaping of the area; however, there had not yet been a firm commitment from them. He reviewed the history of this district, noting there was definite concern on the part of the City to resolve the issue. He said the worst case situation if nothing could be resolved to change it to drought tolerant landscaping would be to cap the sprinklers and let the grass die out. Mayor Pro-Tem Kelly stated this was not a public hearing but invited testimony from the audience. MR. LARRY SCHONCITE, 40-862 Sonata Court, stated that at the last City Council meeting, the residents of Sonata -I had requested a $250.00 freeze for ten years. He said they were thankful the Council was looking into retrofitting the area to drought tolerant. He said he had spoken with Tom Bassler and Dick Folkers just prior to this meeting and did not see that any solution had been reached since Barcon, the developer, would not pay for the retrofit. With regard to the recommendations in the staff report dated October 24, 1991, he questioned Item #3 which did not indicate what the "full annual estimated costs" would be beginning in fiscal year 1992-93. He said the residents hoped the matter could be resolved amicably but did not feel this was the end. He added that he did not want to threaten litigation but felt the matter might have to be left up to the courts. Councilman Crites stated he would like to place a solution on the floor for discussion but would first make some preliminary comments: 1) Whether members of this association or other people in the City do or do not like the idea of landscaping and lighting assessment districts, the method for this district is the same method used by the City in a large number of places all over the City, including on Monterey Avenue, Country Club, Fred Waring, the Vineyards, etc. It is not something this particular development is being singled out for; 2) We have gone both by attorney opinion and court case to see whether this type of assessment does meet the requirements of California State Law, and the answer has consistently been "yes";3) As to whether he personally believed the residents of Sonata -I received adequate notice from the person who was the developer, he said he personally did not feel adequate notice was received. That is different from whether or not the residents legally received enough information MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * from them. However, that is something the residents and the developer may need to sort out through the court system; 4) It seems one of the big concerns of the residents is escalation of costs, and the best way to take care of that is to get something that will not change much in cost and that would be a low maintenance, low water usage. Councilman Crites stated his proposal was as follows: 1) That the City lean with all possible leverage on the developer to pay the cost to retrofit the landscaping to drought tolerant; 2) if the developer does not pay those costs, the City will pay the retrofit costs; 3) property owners shall pay the $282.88 per parcel for fiscal year 1991-92 in two installments due December 10, 1991, and April 10, 1992; 4) in the future, the property owners shall be assessed for the full annual estimated costs. He added that all he could honestly tell the homeowners with this kind of landscaping was that maintenance costs did not appreciably change, which is different from the landscaping where it is necessary to put in annual color and flowers and reseed the grass, etc. Councilman Crites added that he felt the developer had at least a moral if not legal obligation to these residents. At the request of Mr. Schoncite and with Council concurrence, Mayor Pro-Tem Kelly declared a recess at 7:30 p.m. for residents to discuss this proposal. He reconvened the meeting at 7:40 p.m. Mr. Schoncite stated that after discussion, there remained several questions: - With regard to "full assessment", property owners still wanted to know what the costs would really be. Councilman Crites responded that over the past several years, the City had gone to drought tolerant landscaping as much as possible throughout the City. He asked Environmental Conservation Manager John Wohlmuth to explain the City's track record as far as what costs were before drought tolerant landscaping was put in. Mr. Wohlmuth reported that this program was begun five years ago and that maintenance costs had gone down over the years. On Highway 111, costs were approximately $.13 per square foot per year five years ago; bids had just been opened for Highway 74 median maintenance at approximately $.04 per square foot per year. He added that water usage for drought tolerant landscaping was about 10% of the water cost for non -drought tolerant. Mr. Schoncite asked whether the trees would remain when the area is converted to drought tolerant. Mr. Folkers responded that the trees would remain. Mr. Schoncite stated he really did not think the City would end up having to pay for the retrofit because Mr. Golds of Barcon would not want to look bad in the City's eyes. He stated that the residents had reached a majority decision. He thanked Councilman Crites and stated that the residents would accept the proposal outlined. 16 MINUTES REGULAR PALM DESERT TY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * *-. * * * * * * * * * * * Councilman Crites stated this was the product of a group of residents and City staff working together. He admired the residents for their persistence and willingness to listen and to work with the City to resolve this matter. Councilman Crites moved to, by Minute Motion, approve the following proposal: 1) That the City lean with all possible leverage on the developer to pay the cost to retrofit the landscaping to drought tolerant; 2) if the developer does not pay those costs, the City will pay the retrofit costs; 3) property owners shall pay $282.88 per parcel for fiscal year 1991-92 in two installments due December 10, 1991, and April 10, 1992; 4) in the future, the property owners shall be assessed for the full annual estimated costs. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. Mayor Pro-Tem Kelly added his thanks. He said he had read in Newsweek where someone won a Pulitzer prize because of a demonstration that no matter what the problem, if people sit down and talk about things, they can work it out. XVI. ORAL COMMUNICATIONS - C MS. JACQUIE BETHEL, P.O. Box 138, La Quinta, spoke on behalf of the Coachella Valley Education Foundation. She said this week was designated as "Red Ribbon Week", and she presented the City with a large red bow to symbolize a commitment to a drug -free America. On behalf of the entire City Council, Mayor Pro-Tempore Kelly thanked her for her efforts and for taking the time to attend the meeting. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 24, 1991 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Pro- Tempore Kelly adjourned the meeting to Closed Session at 7:45 p.m. to continue discussions begun at 5:55 p.m. He reconvened the meeting at 8:15 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GILLIGA , CITY C 'r :• CITY OF PALM DESERT, CALI • RNIA RICHAI`ZD S. KELLY, MAYOR PREMPORE la