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HomeMy WebLinkAbout1995-06-22• MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:29 p.m. H. ROLL CALL Present: Councilman Richard S. Kelly Mayor Pro -Temp Walter H. Snyder Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Excused Absence: Councilmember Jean M. Benson David Yrigoyen, Acting Executive Director David J. Erwin, City Attorney Richard J. Folkers, Acting City Manager Sheila R. Gilligan, Agency Secretary Phill Drell, Acting Director of Community Development Agnes Flor, Acting Director of Finance Mr. Joe Gaugush, Acting Director of Public Works III. ORAL COMMUNICATIONS - A Mr. Alex Schwartz, 44-269 Venice Court, Hidden Palms, Palm Desert, inquired about how traffic would be handled with the proposed development at Deep Canyon and Highway 111. Mr. Gaugush reviewed the traffic plans with him in the Public Works Department. IV. CONSENT CALENDAR A. MINUTES of the Adjourned City Council Meeting of June 7, 1995, and the Regular Meeting of June 8, 1995. Rec: Approve as presented. MINUTES -- REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY, - Warrant Nos. 49, 50, 51, and 53. Rec: Approve as presented. C. PRELIMINARY SCHEDULE OF INVESTMENTS as of May 31, 1995. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sontag and Novascone, Inc. for 44-491 Town Center Way, Suite A, Palm Desert. Rec: Receive and file. E. MINUTES of the Investment and Finance Committee Meeting of May 4, 1995. Rec: Receive and file. F. CLAIM AGAINST THE CITY (#285) by Berry Mankins in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. G. CLAIM AGAINST THE CITY (#285) by Dawn Daval in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. H. REOUEST FOR AWARD OF BID PROPOSAL for Civic Center Roof Repairs. Rec: By Minute Motion, award the bid for the Civic Center roof repairs to Bryant Universal in the amount of $8,250.00 I. REOUEST FOR AWARD OF CONTRACT for Landscape Maintenance Services for Assessment Zone 2 - Haystack Greenbelt (Contract No. C099401. Rec: By Minute Motion, award Contract No. C09940, Landscape Maintenance Services for Assessment Zone 2 - Haystack Greenbelt, to Sir Michael's Enterprises in the amount of $22,644.00 ($1,887.00 per month). 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REOUEST FOR AWARD OF CONTRACT for Landscape Maintenance Services for Assessment Zone 5 - Cook and Country Club (Contract No. C09930). Rec: By Minute Motion, award Contract No. C09930, Landscape Maintenance Services for Assessment Zone 5 - Cook and Country Club, to Sir Michael's Enterprises in the amount of $32,760.00 ($2,730.00 per month). K. REOUEST FOR AWARD OF CONTRACT for Storm Drain, Median, Street, and Landscaping Improvements for Monterey Avenue and Fred Waring Drive (Contract No. C07550). Rec: By Minute Motion, award Contract No. C07550 to the lowest responsible bidder plus a contingency of ten percent for the installation of the storm drain, median, street, and landscaping improvements for Monterey Avenue and Fred Waring Drive. L. REOUEST FOR AWARD OF CONTRACT for Street Resurfacing Program (Contract No. C09910). Rec: By Minute Motion, award Contract No. C09910 to the lowest responsible bidder plus a ten percent contingency for the Street Resurfacing Program (Project No. 752- 95). M. REOUEST FOR AWARD OF CONTRACT for Fred Waring Drive and Portola Avenue Intersection Improvements (Contract No. C10000). Rec: By Minute Motion, award Contract No. C10000 to the lowest responsible bidder plus a ten percent contingency for the Fred Waring Drive and Portola Avenue Intersection Improvements (Project No. 636-95). N. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C09560 - Soil Removal, Transport, and Deposition at the Whitewater Storm Drain Channel. Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C09560 in the amount of $8,325.00. O. REOUEST FOR RENEWAL OF CONTRACT for Project Management Services (Contract No. C04405). Rec: By Minute Motion, authorize a one-year extension of the subject contract with Project Systems International for project management services. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REOUEST FOR RENEWAL OF CONTRACT for Landscape Specialist (Contract No. C03825). Q. Rec: By Minute Motion, authorize a one-year extension of the contract for services provided by the current landscape specialist. REOUEST FOR APPROVAL of One -Year Extension of Contract with Carl Warren and Company for Liability Claims Administration (Contract No. C00865). Rec: By Minute Motion: 1) Approve a one-year extension of Contract No. C00865 with Carl Warren & Co. for Liability Claims Administration; 2) authorize the Mayor to execute the "Letter Agreement" dated June 5, 1995, extending the contract to June 30, 1996. R. REOUEST FOR APPROVAL of the Declaration of Surplus Property and Disposal Authorization. Rec: By Minute Motion, declare fifteen KMC traffic controllers surplus property and authorize disposal of same. S. REOUEST FOR RELEASE OF SUBDIVISION IMPROVEMENT SECURITY for Tract No. 25445 (Regency Estates, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. T. LETTER from League of California Cities Relative to Proposed Splitting of Division. Rec: By Minute Motion, direct the Mayor to write a letter supporting the proposed split. U. LETTER OF RESIGNATION from Ms. Carol Whitlock from the City's Planning Commission. Rec: Accept with sincere regret. V. RESIGNATION of Mr. Jim Lopez from the City's Promotion Committee. Rec: By Minute Motion, direct the City Clerk to provide applications to the City Council Subcommittee on Appointments. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * W. REOUEST FOR APPROVAL of Notice of Satisfaction of Agreement and Discharge of Lien with Robert L. Mayer as Trustee of the Robert L. Mayer Trust of 1982. Rec: By Minute Motion, approve the request and authorize the Mayor to sign the Notice of Satisfaction of Agreement and Discharge of Lien. X. REOUEST FOR CONSIDERATION of Transfer of Liability Insurance from CVJPIA to SCJPIA. Rec: That the Mayor, Councilmembers, and Department Heads attend the June 26, 1995, presentation by representatives from Southern California Joint Powers Insurance Authority (SCJPIA) at which time issues and concerns regarding their operations can be addressed; 2) after presentation, Council can direct staff, effective July 1, 1995, to either transfer liability insurance with an interim private insurance carrier while transfer of membership to SCJPIA is being processed (which will take approximately two months) or to continue current membership with Coachella Valley Joint Powers Insurance Authority (CVJPIA). Staff strongly recommends transfer of membership to SCJPIA. Y. REOUEST FOR RENEWAL of Employee Assistance Program Contract (No. C05370). Rec: By Minute Motion, approve the renewal of Contract No. C05370 as budgeted for FY 1995-96. Councilman Spiegel removed Item "E" and Councilman Kelly removed Item "X" for discussion under Section VII, Consent Items Held Over. Upon motion by Kelly, second by Spiegel, the remainder of the Consent Calendar was approved as presented by unanimous vote of the City Council. V. RESOLUTIONS None VI. ORDINANCES For Introduction: A. ORDINANCE NO. 782 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE 531 RELATING TO COMPENSATION FOR MEMBERS OF THE CITY COUNCIL. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin stated that he had been asked to prepare this ordinance which would increase the salaries of members of the City Council as prescribed by State law according to population which had increased with recent annexations. He noted that the increases would not go into effect until after the next General Municipal Election to be held in November of 1995. Councilman Spiegel moved to deny introduction of Ordinance No. 782, and Councilman Kelly seconded the motion. The motion carried by a 3-1 vote with Councilman Snyder voting NO. For Adoption: A. ORDINANCE NO. 780 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES (Hovley Lane East between Portola Avenue and Eldorado Drive) . Mr. Folkers reported that there had been no changes to the ordinance since its introduction and recommended adoption of same. Upon motion by Spiegel, second by Kelly, Ordinance No. 780 was adopted by unanimous vote of the Council. B. ORDINANCE NO. 781 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PC(4) RESORT COMMERCIAL TO SINGLE FAMILY RESIDENTIAL (PARCELS 640-031-006 THRU 010, 640-031-015 THRU 019) AND FROM PC(4) RESORT COMMERCIAL TO O.P. OFFICE PROFESSIONAL (640-031-001). THESE PARCELS ARE LOCATED WEST OF JOSHUA ROAD BETWEEN CACTUS DRIVE AND PARK VIEW DRIVE, Case No. C/Z 95-1. Mr. Folkers reported that there had been no changes to the ordinance since its introduction and recommended adoption of same. Upon motion by Spiegel, second by Kelly, Ordinance No. 781 was adopted by unanimous vote of the City Council. VII. CONSENT ITEMS HELD OVER E. MINUTES of the Investment and Finance Committee Meeting of May 4, 1995. Upon question by Councilman Spiegel, Mayor Crites advised that a meeting which had been proposed had not been held; therefore, the minutes were correct. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon motion by Spiegel, second by Kelly, the item was Received and Filed by unanimous vote of the Council. X. REOUEST FOR CONSIDERATION of Transfer of Liability Insurance from CVJPIA to SCJPIA. Upon question by Councilman Kelly, Mr. Folkers responded that staff was strongly recommending that the City pull out of the Coachella Valley Joint Powers Insurance Authority and join the Southern California Joint Powers Insurance Authority. He noted that the Council was being asked to adjourn its meeting to 3:00 p.m. on Monday, June 26, 1995, to hear a presentation by the latter organization. He would, however, at Council's direction, invite the local agency to attend and respond to the City's concerns. Councilman Spiegel moved to continue the item to an adjourned meeting at 3:00 p.m. on Monday, June 26, 1995, with the condition that the new director of the C.V.J.P.I.A. be invited to make a presentation as well. Councilman Kelly seconded the motion, and it carried by unanimous vote. VIII. NEW BUSINESS A. PRESENTATION BY MRS. KATHLEEN KOPP RELATIVE TO THE PALM DESERT WATER AND SERVICES DISTRICT (PDWSD). Ms. Kopp addressed the City Council stating that she and others were working with the Local Agency Formation Commission for the dissolution of the Palm Desert Water and Services District. She said that LAFCo had approved the petition, and they had gathered more than enough signatures required by State law. She advised that LAFCo needed a statement from the City saying that it would provide services to the District; she noted that the Coachella Valley Water District had already provided a resolution to this effect. She concluded by saying that the dissolution of the District was long overdue, and she felt confident that LAFCo would approve such action. Councilman Spiegel moved to add the request to the agenda as an item arising after the agenda was posted. Councilman Snyder seconded the motion, and it carried by unanimous vote. Councilman Kelly moved to authorize the Mayor to send a letter to LAFCo indicating the City's willingness and capability to serve the residents of the Palm Desert Water Services District should the District be dissolved. Councilman Spiegel seconded the motion, and it carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REOUEST FOR COUNCIL ACTION TO CALL THE 1995 GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE UNIFIED DISTRICT ELECTIONS. Mrs. Gilligan reviewed the staff report and recommendation noting that this action would officially call the November 7, 1995, Councilmanic Election and set regulations for candidates. Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-52 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 7, 1995, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities and requesting the Registrar of Voters to conduct the election; 2) waive further reading and adopt Resolution No. 95-53 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 7, 1995. Councilman Kelly seconded the motion, and it carried by unanimous vote. C. REOUEST FOR APPROVAL OF 20TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUPPLEMENTAL AGREEMENT AND MEMORANDUM OF UNDERSTANDING REGARDING FOUNDATION FOR THE RETARDED PROJECT. Ms. Stephanie Smith reviewed the report and staff recommendation. Councilman Spiegel moved to, by Minute Motion: 1) Approve the Supplemental Agreement (Contract No. C10050) with the County of Riverside which will authorize the City to release award to 20th Year CDBG subrecipient Foundation for the Retarded; 2) approve the Memorandum of Understanding (Contract No. C10060) between Foundation for the Retarded and the City of Palm Desert. Councilman Snyder seconded the motion, and it carried by unanimous vote. D. REOUEST FOR AFFIRMATION OF ARCHITECTURAL REVIEW COMMISSION APPROVAL OF AN EXCEPTION TO THE TOWN CENTER PLAZA'S SIGN PROGRAM FOR BASKIN ROBBINS. Mr. Drell reviewed the staff report and recommendation. Mayor Crites supported affirmation of the Architectural Review Commission's decision with the condition that if the applicant wanted something else, he could talk to the Commission about it. Councilman Snyder moved to, by Minute Motion, affirm the Architectural Review Commission's recommendation to approve the requested exception. Councilman Kelly seconded the motion, and it carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REOUEST FOR APPROVAL OF ONE-YEAR EXTENSION OF WILKINSON PARLAN CONTRACT NO. C08441). Mrs. Gilligan reviewed the staff report and recommendation noting that some of the language in the contract had been amended to more specifically define goals and objectives for the agency in the future. Councilman Spiegel moved to, by Minute Motion, approve the one-year extension of Contract No. C08441 as amended by the Promotion Committee. Councilman Kelly seconded the motion, and it carried by unanimous vote. F. REQUEST FOR AWARD OF CONSTRUCTION CONTRACT FOR VARNER ROAD RELOCATION AND UTILITY RELOCATION (Contract No. C09900). Mr. Folkers reviewed the staff report and recommendation. Councilman Snyder moved to, by Minute Motion, award the contract to E.L. Yeager Construction Company, Inc. of Riverside, California, in the amount of $1,110,926.25 plus a contingency of ten percent for the construction of Varner Road and related utilities relocation (Project No. 658-95). Councilman Spiegel seconded the motion, and it carried by unanimous vote. G. REOUEST FOR AWARD OF CONSTRUCTION CONTRACT for All Weather Bridge, Monterey Avenue and Whitewater Storm Drain Channel (Contract No. C09700). Mr. Folkers reviewed the staff report and recommendation. Upon question by Mayor Crites, he responded that construction would begin by August of this year with anticipated completion in the Spring of 1996. He noted that one lane of traffic would remain open in each direction during the construction. Mayor Crites moved to, by Minute Motion, award Contract No. C09700 to the lowest responsible bidder, identified and quantified by the followup staff report, for the construction of the All Weather Bridge, Monterey Avenue and Whitewater Storm Drain Channel, Project No. 696-95. Councilman Kelly seconded the motion, and it carried by unanimous vote of the Council. H. CONSIDERATION OF APPEAL OF A CIVIC ARTS COMMITTEE DECISION TO DENY SOROPTIMIST INTERNATIONAL OF PALM DESERT A VENDOR PERMIT FOR THE SUMMER CONCERTS. Ms. Sandra Massa-Lavitt addressed the City Council on behalf of Soroptimist International of Palm Desert and in support of its appeal of the Civic Arts Committee decision to deny the 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * permit for sale of hot dogs at the summer concerts. She noted that the Committee had agreed to issue four vendor permits and that only two had been issued to date. Upon question by Councilman Spiegel, Ms. Elizabeth Green, Civic Arts Committee representative in charge of vendor sales, stated that she saw no problem with the issuance of the permit. She added that there was currently no food sale at the concerts, and people often asked for it. Councilman Spiegel moved to, by Minute Motion, approve the appeal and direct staff to authorize Soroptimist International of Palm Desert to operate a booth at the remaining summer concerts for fiscal year 1994/95. Councilman Kelly seconded the motion, and it carried by unanimous vote. I. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers provided an update to the City Council on all three interchanges. IX. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF MAINTENANCE CONTRACT EXTENSION PROPOSAL FROM BUS SERVICES CORPORATION FOR CITY OF PALM DESERT ELECTRIC BUS MAINTENANCE - Contract No. C07961 (Continued from the Meeting of June 8, 1995). Councilman Kelly moved to continue the item to the meeting of July 13, 1995. Councilman Spiegel seconded the motion, and it carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF THE CITY OF PALM DESERT CLASSIFICATION PLAN (Continued from the Meetings of May 11 and June 8, 1995). Mr. Wohlmuth reviewed the staff report and recommendation and outlined the process that had been followed for the study. He reviewed concerns that had been raised by employees and how those concerns had been addressed. He concluded his report by stating that staff recommended that the Classification Study be approved. Mr. Folkers noted that he had presented the City Council with a memorandum dated June 19, 1995, wherein he recommended that a task force be creased to review certain positions consisting of senior support personnel and to do so with the assistance of Ralph Anderson and 10 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Associates. Recommendations from this task force would be presented to the City Council at its meeting of September 14, 1995. Mr. Ray Gary, President of the Palm Desert Employees Organization, addressed Council noting first a memorandum from Deni Weller and Alana Townsend which outlined concerns with the study. He said the organization did not wish to be an obstructionist. However, it did feel that the recommendations before the City Council do not address all the inconsistencies identified in the Study. He said that the Organization had not received Mr. Folker's June 19th memo until that morning and did not, therefore, feel it had a fair opportunity to review and respond to it. He requested that the Council continue the matter to allow for a meet and confer process and additionally that the Council direct Management to deal with the Employee organization in a timely, professional, and good faith manner. Mayor Crites pointed out that this item could not go on indefinitely, that the City Council would have to take action on it. He asked Mr. Gary if he could be ready with final comments at the meeting of July 13, 1995, which would give the P.D.E.O. three weeks. Mr. Gary responded that the organization could work within that time frame. Mr. Wohlmuth noted that information had been made available to the P.D.E.O. based on what they had asked for. He assured the City Council that he would continue to work with the organization during the next three weeks. Upon motion by Spiegel, second by Kelly, the item was continued to the meeting of July 13, 1995, by unanimous vote of the City Council. X. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF LETTER FROM CITY OF ROSEMEAD RELATIVE TO VOTER FRAUD. Councilman Kelly moved to receive and file the letter. Councilman Spiegel seconded the motion, and it carried by unanimous vote. B. REOUEST FOR CONSIDERATION OF CRITERIA FOR STAFF APPROVAL OF LARGE ADVERTISING BALLOONS. Mr. Drell reviewed the staff report and recommendation. Councilman Spiegel moved to, by Minute Motion, authorize the Director of Community Development to approve balloon requests which meet the criteria outlined in the staff report dated June 22, 1995. Councilman Snyder seconded the motion, and it carried by unanimous vote. 11 MINUTES REGULAR PALM DESERT Ctr f COUNCIL MEETING -- JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Reauest 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 Corn.. et al. U.S. District Court, Central District of California, Case No. CV 92-7631-RJK. Reauest for Closed Session (continued): Conference with Legal Counsel regarding anticipated litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b). Number of potential cases: one Conference with Real Property Negotiator pursuant to Section 54956.8: Property: Lot 130, Country Club Village No. 1, M.B. 40/9- 11 and a portion of the east half of Section 16 T5SR6E SBB&M, and 3.1 acres M/L Sec. 16 in Por SE14 RT5S. Negotiating Parties: Agency: City of Palm Desert Property Owner: Jack Rule and Dr. Rigby C. CITY CLERK Mrs. Gilligan reported that she had been asked to investigate an invitation for the Mayor to participate in a trip to Washington, D.C. for a Holocaust memorial. She advised that the Mayors of Rancho Mirage and Desert Hot Springs had confirmed attendance to date as had 12 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Congressman Sonny Bono. She said that the parties inviting the Mayor felt Palm Desert's participation was important in light of the City's new Holocaust Memorial. The trip would cost approximately $900, and sufficient money was budgeted if Council desired to participate in the observance. Council concurred with the importance of the City's participation and directed the Mayor to attend and encourage the Mayor to schedule the trip. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: o City Council Committee Reports: 1. Leadership Award from American Lung Association (Councilman Richard S. Kelly). Councilman Kelly stated that he had been present to accept this award for the City and had expressed the City's gratitude and pride in receiving it. 2. Engineering Award for Golf Cart Program (Councilman Richard S. Kelly). Councilman Kelly presented the award to the City Council which he had accepted on behalf of the City. He commended John Wohlmuth and other staff members for an outstanding job on this program. 3. Consideration of the City's Purchase of a Nine -Hole Golf Course. (Councilman Richard S. Kelly). (From Agenda Addendum) Councilman Kelly stated that he realized that this item would have to be discussed in Closed Session but had asked that it be agendized to allow members of the community an opportunity to express their opinion on the purchase. The following spoke in favor of the purchase: MS. HOLLY NEAL, Director of Programs for Jr Golf, 41-945 Boardwalk, #G, Palm Desert, stated her organization was looking for a home such as this and that the facility would be ideal for both junior and senior golf. 13 MI111UTES REGULAR PALM DESERT —.fY COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * JUNE 22, 1995 * * * * * * * * * Upon question by Mayor Crites, Ms. Neal responded that the organization had 300 members locally and over 500 from the entire Valley. Upon question by Councilman Spiegel, she responded that her organization worked with the High School. MS. BARBARA POWERS, 76-915 Kentucky, Palm Desert, noted that her son had received a golf scholarship as a result of his involvement in Junior Golf. MR. JOHN DADIO said that a course like this was needed for both Senior and Junior Golf. MS. PATTY POWER, Realtor for the property, stated that she had met with the Director of the Joslyn Cove Communities Senior Center who had told her the seniors would be very excited to have such a course available to them. Mayor Crites advised the audience that this item would be discussed in Closed Session and thanked them for taking the time to let the City Council know their feelings on the issue. XII. ORAL COMMUNICATIONS - B None Mayor Crites adjourned the meeting to Closed Session at 5:55 p.m. He reconvened the meeting at 7:10 p.m. with no action announced. XIII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS Judge Arnold H. Einbinder, Retired, 549 Desert Falls Drive East, said although he did not attend the June 8th City Council meeting, he understood action was taken regarding the Sports Complex and felt there were things that should be reiterated to the record. When the development was first brought to Council, the developer claimed to have $1 million in the bank for this project. Verification of funds was delegated as a responsibility to the City Manager. To his knowledge that verification was never done, and if it was done it was never made public. Although there was opposition to the project then and now, the Council and Redevelopment Agency chose to go forward and provide millions of dollars in public monies to the project. He felt this was with the belief that there was a good faith effort on the developer's part to comply with any requirements proposed by 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING — JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the Council and/or Redevelopment Agency. One important requirement was that the developer provide funds to the project. He said that $1 million seemed to have dissipated, and the developer had been seeking other means of obtaining monies, including proposing some kind of limited partnership so as to not have any direct liability and most recently proposing a non-profit corporation so as to provide benefits to children playing at the complex. He understood Council would not want to deny children the ability to play baseball but asked that it consider that the millions of dollars it had devoted to this project might be ill-advised and not in the best interests of either the Council or residents of Palm Desert. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO MR. FRED TRETTA IN APPRECIATION OF HIS EFFORTS WITH REGARD TO SPRINGFEST '95 (Continued from the Meeting of June 8, 1995). Mayor Crites presented Mr. Tretta with a plaque signifying the City's appreciation for all his efforts in making SpringFest '95 such a tremendous success. Mr. Tretta thanked the City, his committee members, and the Chamber of Commerce for their support in this event. B. PRESENTATION OF PLAQUF QF APPRECIATION TO MS. CAROL WHITLOCK FOR HER SERVICE ON THE CITY'S PLANNING COMMISSION. Mayor Crites presented Ms. Whitlock with a clock thanking her for all the time and effort she had devoted to the City of Palm Desert as a Planning Commission, a Promotion Committee member, and a member of the Economic Development Committee. Ms. Whitlock thanked the City Council for the opportunity she had to serve and commended staff members, particularly Ramon Diaz and Tonya Monroe, for their assistance over the years. XVI. PUBLIC HEARINGS A. REOUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT AND CHANGE OF ZONE FROM PLANNED RESIDENTIAL AND RESORT COMMERCIAL TO DISTRICT COMMERCIAL (PC-2) AND APPROVAL OF A PRECISE PLAN OF DESIGN TO PERMIT CONSTRUCTION OF AN 81,747 SQUARE FOOT RETAIL SHOPPING CENTER ON 8.7 ACRES AT THE NORTHEAST CORNER OF DEEP CANYON ROAD AND HIGHWAY 111, Case Nos. GPA94-2. CO: 94-3. PP 94-7 (F & M Associates, Applicant) Continued from the Meetings of April 27, May 25, and June 8, 1995. Mr. Drell reviewed the staff report and recommendation noting that new conditions had been written relative to the issue of the vacancy of the current Lucky's store on San Pablo. 15 MINUTES REGULAR PALM DESERT CTi•Y COUNCIL MEETING * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JUNE 22, 1995 Mr. Erwin advised that the new conditions had been delivered to him at 3 p.m. that day and that he had a problem with "sole and exclusive" which to him meant they would do as they pleased for $250,000. He said he would prefer a penalty provision to the wording proposed. Councilman Spiegel noted that if they were unable to find a new tenant, they would be required to keep the existing store open for a minimum of eight hours a day until a suitable replacement tenant was found. He agreed with the City Attorney that the "sole and exclusive" condition should not be included. Mayor Crites opened the public hearing, and the following spoke: MR. CHRIS SUSS, Vice President of American Stores, stated that his Board wanted to include the proposed wording to insure that was the maximum amount they could be charged. Mr. Erwin responded that that was specifically his concern. The wording limited to payment to $250,000 when that was not the City's intent. MR. RICHARD FRANZEN, developer of the project, addressed Council asking if it could pass the ordinance to second reading and in the three weeks between City Council meetings, the applicant and City Attorney could meet to try to resolve concerns about the proposed wording. Mayor Crites declared the public hearing closed. Councilman Spiegel moved to waive further reading and pass Ordinance No. 778 to second reading with direction to staff to bring the resolutions for the General Plan amendment and the Precise Plan of Design back for Council consideration when the Ordinance is considered for adoption. Councilman Snyder seconded the motion, and it carried by unanimous vote. B. JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY BOARD TO CONSIDER THE ADOPTION OF THE CITY'S AND AGENCY'S PROPOSED FINANCIAL PLANS FOR FISCAL YEAR 1995-96. Mr. Folkers reviewed the staff report and recommendation. Mayor/Chairman Crites opened the Public Hearing and invited testimony. None was offered. He declared the Public Hearing closed. Councilman Spiegel pointed out that the total annual budget was $71.9 million. Revenues were projected at $20.7 million, and the General Fund expenditures projected at $2.6 million. He noted that of the $20.7 revenues 39% came from sales tax and 22% from hotel occupancy tax or in dollars, $12 million of the $20 million. He noted that about $2 million came from property taxes. 16 ML UTES REGULAR PALM DESERT CITY COUNCIL MEETING DUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder commended the City Manager and staff for the superb job done in creating this fiscal plan. He pointed out that it was again a non -deficit budget and a program that only exemplified the excellent staff the City of Palm Desert had. Mayor Crites stated that he had not been present in the budget study session when discussion had been held relative to the Community Arts Manager becoming part of the employee exchange program of the Sister Cities Committee. He pointed out that Gisborne was in the process of establishing a public art program and since we already had the employee exchange program, he felt the Arts Manager an appropriate person to send as she would be of great assistance to them in this effort. He asked only that he be allowed to bring the request back for special appropriation at a future date if the City received a request for her assistance. Council concurred. Councilman Spiegel asked that the City Council consider adding an additional $16,000 to the Special Events Fund so that the summer concert series could be increased to 10 performances next summer. Mr. Folkers pointed out that in April, 1995, the City Council had directed staff to include $38,000 for the upgrading of electrical in the medians on El Paseo. Since this had not been included in the proposed budget, he asked that Council add it. Additionally, Mr. Folkers asked that the City Council add $75,000 for the remodeling of the Administrative Services Building lobby as discussed in the budget study session. Councilman Spiegel moved to waive further reading and adopt Resolution No. 95-4 adopting the appropriation Limit at $34,666,437 as per calculation; to waive further reading and adopt Resolution No. 95- 55, adopting a program and financial plan for the Fiscal Year July 1, 1995, through June 30, 1995. with the addition of $16,000 for four more summer concerts, $38,000 for the upgrading of electrical on El Paseo, and $75,00 for the remodel of the Administrative Services Building Lobby; to by Minute Motion, approve the 1995-96 Fiscal Year Budget for the Redevelopment Agency. Councilman Kelly seconded the motion, and it carried by unanimous vote. C. PUBLIC MEETING ON PRELIMINARY ANNUAL LEVY REPORT FOR PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, FISCAL YEAR 1995-96. Mr. Gaugush reviewed the staff report. Judge Arnold J. Einbinder, Retired, addressed the City Council asking whether or not this had been originally assessed against the developer. Mr. Bassler advised that this district was originally established when Desert Falls went bankrupt, and the landscaping was left uncared 17 MINUTES REGULAR PALM DESERT CI. , i' COUNCIL MEETING JUNE 22, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * for. He outlined the boundaries of the district and its history. Judge Einbinder said he wanted the City Council to know that it could imposed conditions on the developers, and that was what he felt the Council should do. Mayor Crites assured Judge Einbinder that the Council was aware of this and that in fact it did impose conditions on the developer including a requirement that buyers know up front of any assessment district they will be required to participate in as a result of purchase. Mayor Crites noted that this was a public forum to hear from residents and that no action was required by the City Council at this time. XVII. ORAL COMMUNICATIONS - D None XVIII. ADJOURNMENT Councilman Spiegel stated that the Planning Commission had approved a development which is currently in the County and known as The Crest. He said that this project would be developed on the hillsides adjacent to Palm Desert. He asked if it was appropriate for the City to act on it in light of current litigation in a neighboring city or if the City should let the County take care of it. Mr. Drell responded that this was a preannexation zoning request for change to an already approved project which would be before the City Council at its next meeting. Mayor Crites asked staff to take a look at Rancho Mirage's hillside ordinances to see what impact they noting he would like that information prior to considering this proposed amendment. He also asked staff to look at Federal law affecting zoning in areas like this. Councilman Spiegel moved to adjourn the City Council meeting to 2:30 p.m. on Monday, June 26, 1995. Councilman Kelly seconded the motion, and it carried by unanimous vote. Mayor Crites adjourned the meeting at 8:30 p.m. BUFORD • CRITES, MAYOR ATTEST: SHEILA R. GPI LIGAN, CMC U 18 CITY CLERK TY OF PALM DESERT, CALIFORNIA