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HomeMy WebLinkAbout1996-08-06MINUTES ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL and PALM DESERT REDEVELOPMENT AGENCY TUESDAY, AUGUST 6, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor/Chairman Snyder convened the meeting at 10:30 a.m. II. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson III. ROLL CALL Present: Excused Absence: Councilmember/Member Jean M. Benson Mayor Pro-Tem/Vice Chairman Richard S. Kelly Councilman/Member Buford A. Crites Councilman/Member Robert A. Spiegel Mayor/Chairman Walter H. Snyder Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, RDA Executive Director Richard J. Folkers, ACM/Director of Public Works Phil Drell, Director of Community Development Paul Gibson, Finance Director/City Treasurer John Nagus, Community Arts Manager Mary P. Gates, Deputy City Clerk IV. ORAL COMMUNICATIONS - A MRS. BARBARA BOWIE, Principal Librarian, addressed the Council and reported that 225 people had attended the recent family program at the Palm Desert Library. She noted that the circulation figures were in for the month of July and that 20,956 items were checked out. This figure was up from 17,725 items in June. She said there were still 28 volunteers who donated 261 hours of time during the month of July. V. NEW BUSINESS A. REQUEST FOR APPROVAL OF PURCHASE OF SCULPTURE FOR CIVIC CENTER ADMINISTRATION BUILDING LOBBY. Mr. Nagus reviewed the staff report, noting that the sculpture was originally seen as a temporary installation. However, because of the mechanics of the sculpture (80 to 100 MINUTES _ ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY AUGUST 6, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * gallons of circulating water, etc.) it was now felt it would be best to make the sculpture a permanent installation. He said that the owner had offered to reduce the purchase price from $2,600 to $2,100. Staff was requesting approval to purchase the sculpture for permanent placement in the Administration Building lobby and appropriate $3,200 from the unobligated General Fund Reserve to pay for same. Councilman Spiegel agreed that this piece was originally seen as a temporary piece, and he asked if Mr. Nagus would recommend it for the lobby. Mr. Nagus stated that he would recommend it because the piece actually would satisfy a lot of different criteria, including having a quiet water feature in the lobby. He added that he had contacted the designers who liked the piece and felt it would fit in with the design of the lobby. Councilmember Benson agreed and said she felt the color matched the colors in the new lobby design. Councilman Spiegel moved to, by Minute Motion, approve the purchase of a sculpture for permanent placement in the Administration Building lobby and appropriate $3,200 from the Unobligated General Fund Reserve to pay for same. Motion was seconded by Benson and carried by a 3-0-1 vote, with Councilman Crites ABSTAINING. B. CONSIDERATION OF A RECOMMENDATION FROM PROMOTION COM11i i i rr RELATIVE TO CONTRACT NO. C11400 WITH WILKINSON & PARTNERS. Mr. Diaz noted the information in the packet and stated that Mrs. Gilligan was available to answer any questions. Councilman Crites moved to, by Minute Motion, concur with the recommendation of the Promotion Committee and authorize the Mayor to sign a letter terminating Contract No. C11400 with Wilkinson & Partners effective September 5, 1996. Motion was seconded by Spiegel and carried by unanimous vote. C. QQNSIDERATION OF A NEW POLICY FOR CITY COUNCIL APPOINTMENTS TO COMMil i try AND COMMISSIONS. Mrs. Gilligan noted that as a result of her membership on the Palm Springs Airport Commission, Councilmember Benson had suggested a new policy for City Council appointments to City committees and commissions. Prospective members would be asked to attend at least two meetings of the committee or commission on which they were interested in serving. They would then be asked to turn in a form indicating the board they would like to serve on and which meetings they had attended. After that, the City would hold a meeting with all applicants to explain what is involved in serving on these boards, including the requirement for completion of conflict of interest statements, a brief overview of The Brown 2 MINUTES - ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY AUGUST 6, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Act, etc. She noted that there were many individuals who were offended by the fact that they are required to file the conflict of interest statements, and this would give them the opportunity to withdraw their applications if they chose to do so. She noted that because this new policy would take time, and because many committee/commission terms were due to expire on September 1, 1996, staff's recommendation was that the Council extend all terms until January 1, 1997, to allow time to go through the process. She added that new appointments could be made in December to be effective on January 1, 1997. Councilmember Benson stated that she had a sample of the form that could be used for this. She said the Airport Commission also had what they called the President's Council composed of the Mayor and the Chair of each of the committees and commissions which meets quarterly to discuss what is happening with each of the boards. Councilman Spiegel stated he felt it was very important to let applicants for these positions have a good idea as to what will be expected of them if they are appointed to serve on a committee or commission and the amount of time that will be involved. Councilman Spiegel moved to, by Minute Motion, approve the new policy as outlined by staff and continue the terms of committees and commissions until January 1, 1997. Motion was seconded by Benson and carried by unanimous vote. Councilman Spiegel suggested that the chairs of each of the committees and commissions be present when prospective applicants meet with City representatives. Councilmember Benson agreed and said that this way the chairs could give presentations as to what their respective committees and commissions are responsible for. D. REOUE$T FOR APPROVAL OF GRANT APPLICATION FOR EQUIPMENT AT THE PALM DESERT SHERIFF STATION. Mr. Diaz noted the report in the packets. He said that because of the timing involved, the Sheriff's Department needed the City's commitment to match the funding. He said the grant would be for $48,781.00, and the City's matching amount would be $4, 878.00. If the grant is approved, staff would come back and outline the priorities of the equipment in greater detail as to what it is for. Councilman Spiegel questioned the memorandum from Sgt. Kilday to Lt. Conroy listing the equipment wish list and asked why there was a need for five rental cars for a year instead of purchasing one, why the need for a lap top computer and programs, and why the personnel overtime. Mr. Diaz responded that this list is what would be prioritized if the grant is approved. 3 MINUTES ADJOURNED MEETING OF TICE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY AUGUST 6, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, approve the processing of a block grant application for law enforcement equipment. Motion was seconded by Benson and carried by unanimous vote. VI. OLD BUSINESS A. REPORT AND DISCUSSIQN RELATIVE TO STATUS OF H.R. 3640 (TORRES- MARTINEZ). Mr. Erwin stated that HR3640 was approved by the House of Representatives Resources Committee last week. There were some technical amendments proposed and offered that addressed some of the concerns expressed by the City to Congressman Bono's office. They do modify the legislation to some limited extent, but there were still concerns about the fact that the legislation does not mention in its text any ability of the local tribe and local governing body to enter into any agreement, and that is something the City requested be considered, but in the process there was not sufficient time to include that amendment. He said there was a companion bill, SB1883, that has already been through all the committees and is waiting to go to the Senate floor. He said they did delete a section in the bill and modify two or three other sections that softened some objectionable language in the bill, but it did not address an issue that the City would like to have had addressed. He said he had been provided correspondence from the Office of the Solicitor from the Department of the Interior indicating the intent that local governing bodies and the tribe may enter into agreements and stated that the legislation does not prohibit that. He said he was looking for guidance from the Council at this point as to anything further it would like for him to do. Councilman Crites asked whether the bill still contained the ability for the City to veto initial land acquisition, and Mr. Erwin responded that it did. He said he would like for the language to be clearer, but that did not occur. Councilman Spiegel asked if this also included the City's sphere of influence, and Mr. Erwin responded that it did not. Councilman Crites stated that when he read the newspaper, he saw the City listed as being actively opposed to passage of this legislation, and he asked if that were true. Mr. Erwin responded that this was not the position that he or the Mayor or City Manager took in the meetings attended. He said they suggested that if the bill were to go through, the City did not want to stop it but wanted to make modifications. Councilman Crites stated that he then understood that the City was not philosophically opposed to the bill and did not want it stopped but just wanted some clarifications made. Mr. Erwin responded that this was true. He said he advised both Congressman Bono's office and Senator Feinstein's office, both of which made inquiries as to the City's position, that the Council would be meeting today and could perhaps give further direction, and he would then convey that information to both offices. 4 MINUTES _ ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY AUGUST 6, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that since the City was only seeking clarification but was not opposed to the bill, nothing further needed to be done. Mr. Erwin stated that he would pass that information on to both offices, that the City is still seeking clarification of the language but is not opposed to the bill. Councilman Spiegel stated that the City was giving 200 acres to Cal State San Bernardino to build a four-year college at Cook Street and Interstate 10, and it would bother him to think that right across the freeway from the college would be a major casino. He said he was not certain how Cal State San Bernardino would feel about a casino across the freeway, and he did not want to lose the college. Mr. Erwin stated that there was one item in the bill that potentially would impact that, and that was the fact that jurisdiction of the City was the City's boundaries as of June 18, 1996. No Council action was taken on this item. VII. ORAL COMMUNICATIONS - B None VIII. ADJOURNMENT Council Reports and Remgr1 1. Speed Limit on Fred Waring Drive Councilman Crites stated that he had received several telephone calls from people who live along Fred Waring Drive expressing surprise at the speed limit being raised. He said he agreed with them and felt the speed limit should be reduced from 45 miles per hour back to 40 miles per hour. He added that there were safety issues with this speed because of driveways, etc. Councilman Crites moved to add this item to the Agenda for discussion. Motion was seconded by Spiegel and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, direct staff to lower the posted speed limit on Fred Waring Drive between San Pablo Avenue and Cook Street from 45 miles per hour to 40 miles per hour and come back with findings to justify the reduction in speed. Motion was seconded by Spiegel and carried by unanimous vote. 2. Councilman Crites stated that he had received a video tape from a gentleman who lives behind the complex across Portola Avenue from the Arco Station. He said anyone living in that area would be very displeased having this kind of thing next to them with car alarms, 5 MINUTES ADJOURNED MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY AUGUST 6, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * etc. He asked that staff place this matter on the City Council Agenda for August 22, 1996, to look at the video because what the Council told this citizen would happen is not what is happening in this area. He added that he would like to consider revoking the use permit. Councilman Spiegel stated this all came out of the meeting when Council discussed approval of the Health Club. At that meeting, staff was asked to look at this situation and come back to the Council; however, he felt it never really came back. Councilmember Benson stated that the Council also granted use of that building to Rick Muro until September but wanted to look at the office professional use and agreements for use of the parking lots; however, she had not seen anything come to Council on that matter either. Councilman Spiegel added that the City's Code Compliance Department was also going to look at this situation. 3. Councilman Crites asked that another item be placed on the Agenda for August 22, 1996, for discussion relative to the U.S. Postal Service changing the postmark for the entire Coachella Valley to Palm Springs Desert Resort. Councilman/Member Crites moved to adjourn to Closed Session at 11:13 a.m. to consider the following items: Conference with real property negotiator pursuant to Section 54956.8: 1) Property: Land generally located between Portola, Monterey, Frank Sinatra, and Gerald Ford Negotiating Parties: Agency: Carlos L. Ortega and Dave Yrigoyen Property Owner: Federal Deposit Insurance Corporation Under negotiation: Price Terms of payment 2) Property: Southern half of Section Four Negotiating Parties: Agency: Carlos L. Ortega/Dave Yrigoyen Property Owner: Palm Desert Redevelopment Agency Other Party: Intrawest Resorts, Inc. Under negotiation: z Price z Terms of payment 6 MINUTES ADJOURNED MEETING OF PALM DESERT CITY COUNa.cw. AND REDEVELOPMENT AGENCY AUGUST 6, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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: Public Employee Performance Evaluation pursuant to Section 54957 Title of Positions: 1) Risk Manager; 2) Director of Code Compliance Motion was seconded by Spiegel and carried by unanimous vote. Mayor/Chairman Snyder reconvened the meeting at 1:22 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: ."91/4 ) WALTER H. SNYDER,MAYOR/CHAIRMAN Cam,, ��-�- SHEILA R!G GAN DIRECTOR 'OF COMMUNITY AFFAIRS/6 CLERK, SECRETARY TO THE PALM DESERT REDEVELOPMENT AGENCY 7