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HomeMy WebLinkAbout1996-12-12'VIINUTFS REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:05 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Richard S. Kelly III. INVOCATION - Councilman Walter H. Snyder IV. ROLL CALL Present., Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk John Wohlmuth, ACM/Director of Administrative Services Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, Redevelopment Agency Executive Director Paul Gibson, City Treasurer/Finance Director Pat Conlon, Director of Building and Safety John Nagus, Community Arts Manager Jeff Winklepleck, Associate Planner Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. LARRY RHINEHART, Governmental Affairs Officer for SCAQMD, updated the Council on District activities. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that he had spent some time last fall working directly with staff of the Air Quality Management District and that they had been uniformly competent, kind, and willing to do things their jobs did not entail in order to make sure the task force had information necessary for decision making. He thanked Mr. Rhinehart and asked him to carry those comments back to the District. MR. GARY HIRSCHBERG, Chairman of the Palm Desert High School Aztec Impact Board, addressed the Council relative to this Board's buddy program. He said it was an academic incentive program which has three main areas: 1) Academic discount card - each student earning a certain grade point average (GPA) would receive a card which would enable him/her to go out to different businesses in the community and receive discounts (i.e., McDonald's), with 4.0 GPA receiving a gold card, 3.24 to 4.0 GPA a silver card, and 2.25 to 3.25 GPA a bronze card. 2) monthly awards - clubs, sports, and each academic department gives out awards. The Top Aztec award is given to someone who has consistently shown good grades, citizenship, attitude, and attendance. Most Impacted Student is given to someone who may not have been doing so well but all of a sudden is improving and may need that extra pat on the back to continue improving. Club and sports awards are chosen by students instead of teachers. 3) academic assembly — MR. DAN CASTILLO explained that an academic assembly is held during the month of February, with t-shirts and cards to be given out. This rewards those who have been given awards and gives incentives for everyone to do better in grades, attendance, attitude, and citizenship. He noted that awards will also be given to employees, teachers, administrators, etc. who have done an outstanding job. MS. ANNIE ORTEGA addressed Council and stated that she had spoken with Mayor Kelly who would be writing congratulatory letters to each of the winners. She also invited everyone to attend the Aztec Impact Assembly on February 21, 1997. Councilman Spiegel stated that he felt this was an outstanding program and said he was proud of the students. He asked whether cooperation was being received from the businesses, and Mr. Hirschberg responded that they were receiving exceptional cooperation. He added that next month an army of students would be going out into the community to request participation. Councilman Spiegel asked that the students call him if they have any difficulties. Councilmember Benson commented that Principal Vince Downey's attitude seemed to be getting to the students, and she said it was refreshing to hear the students' enthusiasm. Mr. Hirschberg stated that he had never seen such a great principal at his school as Mr. Downey. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly thanked the students for their presentation and stated that the Council strongly supported the program and would try to attend the rallies. MS. BARBARA BOWIE, Principal Librarian, Palm Desert Library, provided the Council with the following information for the month of November: 20,806 items circulated (90% increase over November 1995), and 44% was juvenile materials 506 new library cards issued 363 children attended six programs - 26 volunteers put in 264 hours of volunteer time - community room used by 28 different groups with 848 total individuals 13 groups used the seminar room with 93 total individuals 2,240 gift books received Mayor Kelly thanked Ms. Bowie and stated that the Council appreciates receiving these monthly reports. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of November 14, 1996, and the Adjourned Joint Meeting of the City Council and the Redevelopment Agency of November 21, 1996. Rec: Approve as presented. B. CLAIMS AND D$MANDS AGAINST THE CITY TREASURY - Warrant Nos. 33, 34, 35 and 36 Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Charles Clay Kirkpatrick and Richard Kirkpatrick for Hot Pocket Family Billiards, 72-175 Painters Path, Palm Desert. Rec: Receive and file. D. RESOLUTION NO. 96-71 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (October 1996). Rec: Waive further reading and adopt. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. BFQ I_FST FOR RATIFICATION of El Paseo Business Association Board of Directors Action to Reappoint Ms. Sonia Campbell to a Three -Year Term Expiring June 30, 1998, and Mr. David Fletcher, Ms. Meg Firestone, and Ms. Sandra Hartfield to Three -Year Terms Expiring June 30, 1999. F. This item was removed from the Agenda for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. L'' 1 to OF RESIGNATION from Mr. Matthew Zack from the City's Promotion Committee. Rec: Receive with sincere regret. G. RESIGNATION of Ms. Celeste Vigon from the City's Art -In -Public -Places Subcommittee. Rec: Receive with sincere regret. H. MINUTES of the Investment and Finance Committee Meeting of October 8, 1996. This item was removed from the Agenda for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Please see that section for Council discussion and action. I. MINUTES of the Economic Development Advisory Committee Meeting of August 15, 1996. Rec: Receive and file. J. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C11930 - Street Resurfacing Program (Project No. 762-97 Phase II - Country Club, Monterey to Cook Street; Cook Street, West Side Country Club to Riviera; Utah Circle and Rhode Island Court). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. RESOLUTION NO. 96-72 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files from the Department of Public Works that have been Microfilmed. Rec: Waive further reading and adopt. L. REQUEST FOR ACCEPTANCE OF WOLK for Contract No. C11470 - Street Resurfacing Program (Project No. 762-97 - San Pablo, Parkview, Hovely Lane East). Rec: By Minute Motion. accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. _ 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. R11020 - Deep Canyon Road Storm Drain (Project 517-95) Rec: By Minute Motion: 1)Approve Change Order No. 1 and appropriate funding from the Street Resurfacing Account No. 110-4311-433-3320 in the amount of $68,102.80; 2) Authorize the transfer of funds from the City Street Resurfacing Account to the Redevelopment Agency to pay for Change Order No. 1 to the Deep Canyon Road Storm Drain Project Account No. 850-4341-433-4001. N. REQUEST FOR APPROVAL of Notice of Completion and Approval of Change Order No. 2 for Portola Community Center Rec: By Minute Motion: 1) Authorize the City Clerk to file a Notice of Completion for the Portola Community Center on behalf of Diamond Construction, Contract No. C11590; 2) Authorize approval of Change Order No. 2 in the amount of $3,255.00; 3) Authorize the Director of Finance to move $3,255.00 from contingency to base contract. O. REOUEST FOR EXTENSION of Presidents Plaza Sweeping Contract No. C06804 Rec: By Minute Motion, authorize a seven month extension with M&M Sweeping in the amount of $2,380.00 ($340.00 per month) for power sweeping of the Presidents Plaza parking lots. P. REQUEST FOR RELEASE of Improvement Security for Parcel Map 27925 Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subject improvement securities. Q. REQUEST FQR APPROVAL of Change Order No. 1 to Contract No. C10750 - Sidewalk Improvements on San Pascual Avenue, Portola Avenue, Cook Street and Hovley Lane (Project 699-95) Rec: By Minute Motion: 1)Approve Change Order No. 1 in the amount of $2,766.00; 2) Authorize the transfer of $2,766.00 from contingency to base. R. REOUEST FOR APPROVAL of Notice of Completion for Contract No. C10750 - Sidewalk Improvements on San Pascual Avenue, Portola Avenue, Cook Street and Hovley Lane Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion on the subject project. 5 Items REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. AUDIT REPORT on Palm Desert Water Services District Rec: Receive and file. T. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Street Improvements on the East Side of Warner Trail Northerly and Southerly of Delaware Project 640-97 (Contract No. C12120) Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. Councilman Spiegel asked that Items E and H be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VII. RESOLUTIONS A. RESOLUTION NQ. 96-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Mr. Diaz noted the report in the packets. Upon question by Councilman Spiegel, Mrs. Gilligan noted that effective January 1, 1997, there will no longer be Forms 730 and 720. Instead, everyone will be completing Form 700 which is much simpler than the old forms. She added that the Council is required to periodically review its conflict of interest code, and that is what is accomplished with this resolution. Mr. Erwin added that it was a matter of housekeeping. Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-73. Motion was seconded by Benson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s: s s s NOTE: The following item was listed on an Agenda Addendum posted 72 hours prior to the meeting and was discussed following City Council Reports and Remarks. B. RESOLUTION NQ. 96-74A - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR AUTO ALLOWANCES FOR MEMBERS OF THE CITY COUNCIL. Councilman Crites stated that he wanted to be sure if the Council approved this that it means that Council could not receive mileage reimbursement; in other words, define the boundaries of where the Council would no longer be able to receive compensation. Another issue he had is that by doing this, the Council would no longer use City vehicles within the Coachella Valley, and the Council would also set the compensation at an amount consistent with what the Council perceives to be the general mileage accumulated by members of the Council. Councilman Snyder stated that if the Council is going to consider auto allowances, it must also consider the fact that the automobile has to be purchased, plus there is the matter of maintenance and upkeep, etc. Councilman Snyder moved to waive further reading and adopt Resolution No. 96-74A, providing for auto allowances for members of the City Council, taking into consideration the things outlined by Councilman Crites, in the amount of $200.00 per month. Councilmember Benson seconded the motion for purposes of discussion. Upon question by Councilman Crites regarding reports received from other cities, Councilmember Benson stated that the compensation amounts averaged $200 to $250 per month. Councilman Snyder added that this included travel throughout the Valley and did not exclude the Coachella Valley. Mr. Wohlmuth noted that the Coachella Valley cities ranged from $200.00 to $350.00 per month. Councilman Crites asked whether salary adjustments had been made for staff when their auto allowances were eliminated several years ago. Mr. Diaz responded that when the auto allowances were eliminated, half of the allowance amount was placed into the employees' salaries (i.e., those who were receiving $200.00 received $100.00, etc.) Mayor Kelly called for the vote. The motion carried by a 4-0-1 vote, with Councilman Spiegel ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 818 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.28.010 OF THE CODE OF THE CITY OF PALM DESERT TO ESTABLISH COMPENSATION FOR MEMBERS OF THE CITY COUNCIL EFFECTIVE DECEMBER 1, 1997 (Continued from the Meeting of November 14, 1996). Councilman Spiegel noted that the Council, conservatively speaking, works approximately 20 hours per week. Based on compensation of $561.97 per month, it averages out to approximately $ 1.50 per hour. Councilman Spiegel moved to waive further reading and pass Ordinance No. 818 to second reading. Motion was seconded by Kelly. Councilman Crites stated that he did not think anyone should or does take the job of Councilmember in order to make money. His concern was with the Council voting itself a pay raise, and he said he would rather see the matter placed on the next ballot to let the people of Palm Desert vote for Council compensation. Councilman Spiegel stated that this figure was dictated to the City by Sacramento, and because of that he would have not problem with the increase. He agreed that the Council works for the people of Palm Desert, and all the Councilmembers take their jobs seriously. He added that whatever the Councilmembers do, they do in good faith and for the citizens of Palm Desert. Councilman Snyder agreed with Councilman Crites and said it would be difficult for him to vote himself a raise. He said he would prefer placing the matter on the next ballot for a vote of the people. Councilman Kelly stated that he did not take this position for compensation. He said he did not think anyone would doubt that he puts in at least 40 hours per week as a Councilman. He said unless it is a vital matter, things usually are not taken to the voters. He added that he is frequently asked how much money the Councilmembers earn, and the people are startled when they hear the amount. He said his sense was that the people in the community feel the Councilmembers should at least make enough to compensate them for expenditures. Councilman Crites stated that he was not at the last meeting when the issue of car allowances was raised. He said Councilmembers travel throughout the Valley doing things for the community, and he suggested that Council keep track of the mileage for this type of travel and then be reimbursed for same. He added that he felt it was reasonable for Council to be compensated for mileage. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that she already keeps track of her mileage and that it averages between 100 and 200 miles per month, depending on the meetings she attends. Councilman Kelly stated that his is about the same as Councilmember Benson. Mayor Kelly called for the vote. With a vote of 2-2-1 (Councilmembers Spiegel and Kelly voting YES, Councilmembers Benson and Snyder voting NO, Councilman Crites ABSTAINING), no action was taken by the Council. Mayor Kelly suggested continuing this matter and directing staff to conduct a survey of citizens. Upon question by Councilman Crites, Mrs. Gilligan noted that the next edition of the City's newsletter was scheduled to be done in February. Councilmember Benson stated that she did not feel the newsletter would be the best way to receive this input. Councilman Crites suggested that this matter be postponed and that a way be found to get public perspective in order to get the sense of what the people think. Councilman Crites moved to continue this matter until such time as public input is received. Motion was seconded by Spiegel and carried by unanimous vote. B. QRDINANCE NO, 821 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING MINIMUM PRIVATE SWIMMING POOL CHILD SAFETY STANDARDS FOR THE PREVENTION OF ACCIDENTAL DROWNING BY CHILDREN. Mr. Conlon noted the report in the packets and offered to answer any questions. Mr. Erwin stated that if Council wishes to adopt this ordinance, a paragraph needs to be added relative to this being a matter of public health and safety and that the ordinance take effect immediately. Councilman Crites moved to waive further reading and adopt Ordinance No. Mr. Erwin. Motion was seconded by Spiegel. MR. DENNIS CUNNINGHAM, President of the Building Industry Chapter, spoke in support of the ordinance. 821 as amended by Association Desert Councilmember Benson stated that she was in favor of the ordinance but was concerned that every resident know how this will affect them. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Conlon stated that this ordinance would apply to all new pools. He said the building permits would include the provisions of this ordinance, and the applicants can select the type of barrier. He added that it would not be retroactive and would only apply to all new pools constructed after this date. Upon question by Mayor Kelly, Mr. Conlon stated that Section 19.01.070 of the ordinance would be amended to reflect that "provisions of this ordinance shall apply to all swimming pools constructed after the date of this ordinance". Mayor Kelly called for the vote. Motion carried by a 4-1 vote, with Mayor Kelly voting NO. C. ORDINANCE NO. 822 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.17 OF TITLE 8 OF THE PALM DESERT MUNICIPAL CODE REGULATING THE COLLECTION OF RECYCLABLE MATERIALS. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Snyder moved to waive further reading and pass Ordinance No. 822 to second reading. Motion was seconded by Crites and carried by unanimous vote. D. ORDINAIICENO. 823 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING VOLUNTARY EXPENDITURE CEILINGS FOR MUNICIPAL ELECTIONS IN THE CITY OF PALM DESERT Mrs. Gilligan asked that this request be withdrawn at this time and stated the ordinance would be brought back to Council in February. She said staff had originally thought the ordinance needed to be on the books prior to January 1; however, she had since been advised that it could be brought back six months prior to the election. Councilman Crites moved to continue this matter to the second meeting in February. Motion was seconded by Spiegel and carried by unanimous vote. For Adoption: A. ORDINANCE NO, 819 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 25.72.130 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE SUSPENSION AND REVOCATION OF CONDITIONAL USE PERMITS. Mr. Diaz stated that there had been no changes since introduction of this ordinance. Councilmember Benson moved to waive further reading and adopt Ordinance No. $12. Motion was seconded by Crites and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 820 - 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 OPEN SPACE, NATURAL FACTORS, TO PLANNED RESIDENTIAL (FOUR UNITS PER ACRE), Case No. C/Z 96- I. (LOCATION: NORTHEAST CORNER OF DEEP CANYON & FRED WARING) Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he recommended adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 820. Motion was seconded by Snyder and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER E. REQUEST FOR RATIFICATION of El Paseo Business Association Board of Directors Action to Reappoint Ms. Sonia Campbell to a Three -Year Term Expiring June 30, 1998, and Mr. David Fletcher, Ms. Meg Firestone, and Ms. Sandra Hartfield to Three -Year Terms Expiring June 30, 1999. Councilman Spiegel stated that in talking to business owners on El Paseo, they indicated they knew nothing of an election to fill these seats. Mrs. Gilligan explained that elections had been held in the past; however, that practice was discontinued several years ago, and the Board had been allowed since then to bring forward their own recommendations to the City Council. She said the application process had been completed and that there were several individuals who indicated an interest but did not know of these vacancies. She said there needed to be a better process of informing people on the street of these vacancies. She added that Mrs. Campbell was in the audience and might be able to answer questions relative to the notification process. MRS. SONIA CAMPBELL, President of the El Paseo Improvement Area Board, stated that when there is a vacancy, the businesses on El Paseo are notified and interested individuals are asked to complete applications and submit them either to her or to the City Clerk. The applications are then reviewed. What this request for ratification involved was reappointment of members who had been voted in. She said what typically happened in the past with the elections is that people were nominated; however, when it came time for them to serve, they did not know they had even been nominated and were not interested in serving. Councilman Crites stated that what he understood with conversations with the merchants, restaurant owners, and building owners was that they have an interest and did not know about the process. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * After further discussion, Councilman Crites moved to affirm the appointment of Ms. Campbell, Mr. Fletcher, Ms. Firestone, and Ms. Hartfield for one year and that a maximum effort be put forth during that year to let everyone know of the opportunity to serve on the Board. Motion died for lack of a second. Councilman Snyder expressed concern with the Council directing the El Paseo Board on how to run its organization. Councilmember Benson asked whether the bylaws would have to be amended in order for the Board to abide by the Council's action. Mr. Erwin responded that this is an organization formed by the City Council and that the Council had the discretion to make the appointments for a specific time. The bylaws would not have to be amended unless Council plans to do this every time an appointment is made. After additional discussion, Mrs. Gilligan suggested that the Council continue this matter to the meeting of January 9, 1997. She stated that she would work with Mrs. Campbell during that time and would come back with more information relative to vacancies on the Board. Councilman Snyder moved to continue this matter to the meeting of January 9, 1997, and direct staff to come back with additional information. Motion was seconded by Spiegel and carried by unanimous vote. H. MINiTTT of the Investment and Finance Committee Meeting of October 8, 1996. Councilman Spiegel stated that a correction need to be made on Page 7 of the Minutes relative to the McCallum Theatre. The Minutes as presented indicated "Mr. Veazie commented that he heard reports of 'record ticket sales' for the new theater season. He inquired as to whether the City was keeping track of this in light of the loan to the theater and any past or future audit of its records. Mr. Gibson replied that an audit was performed prior to the loan of the $350,000 and since that time the City of Indian Wells has written a check for $50,000 to the City of Palm Desert to mitigate the loan's impact on our City. Staff also stated that a contingency of our loan to them was that Councilwoman Jean Benson be named to the Board of Directors of the McCallum. Mr. Gibson stated that any future action on this issue by Council will be reported to this Committee." He said this was wrong and as he remembered what happened, the City was asked for a contribution of $350,000 in order for the McCallum Theatre to stay open during the summer months. As a concession for that, they were going to bring in some more friendly priced products during the summer, and this was done. The City of Palm Desert also requested that the Councils of the Cities of Indian Wells and Rancho Mirage be consulted to participate in this gift and, based on the size of the cities, it was arbitrarily determined that the City of Indian Wells should participate in the amount of $50,000, with the City of Rancho Mirage's share to be $100,000. Indian Wells City Council considered this request and agreed to participate in the amount of $50,000; however, the City of Rancho Mirage did not agendize 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * this matter and did not participate. Consequently, the City of Palm Desert gave the McCallum $300,000 for which the City expects no money in return. He said it was not a loan, and there was no audit done prior to giving this $350,000. Councilmember Benson stated that the contingency that she be on the Board was not part of this contribution. She said she had been on the Board since January as an exchange program with the Promotion Committee where on member of the City Council went to that Board as a liaison, and a member of the McCallum comes to the Promotion Committee meetings representing the McCallum Theatre. Councilman Spiegel moved to approve the Minutes with the above two corrections. Motion was seconded by Crites and carried by unanimous vote. X. NEW BUSINESS A. REOUEST FOR CONSIDERATION OF MONTEREY AVENUE BRIDGE LANDSCAPING AND SIDEWALK. MS. MARCIA ERICKSON, President of the Monterey Country Club Homeowners Association (MCCHOA), stated that they were seeking relief from the City's decision to install a sidewalk on the east side of Monterey Avenue from Gran Villa to Clancy Lane. She said they felt this was lacking in common sense and good judgment and had been made without the knowledge or input from two properties immediately involved as well as the City of Rancho Mirage. They were seeking only the completion of the bridge project in accordance with the original plans and expressed a grievance over the delay in replacing the landscaping. She also brought up the issue of the decibel test which was to be done on December 3, 1996; however, they were told the morning of the test that it had been cancelled until the landscaping was installed. They subsequently learned that the test had in fact been done that morning but that two lanes of traffic had been closed during the test. With regard to the sidewalk issue, she said their main concern was with people walking along Monterey Avenue and having to cross it when traffic is traveling at 50 miles per hour. She asked what the traffic studies showed that would justify installation of a sidewalk and encouraging pedestrians to use this side of the street. She also asked whether the bicycle lane proposal would be revived and what effect this would have on the now proposed traffic configurations. The Landscape Chairman of the MCCHOA addressed Council and asked what the purpose is in having a sidewalk on the east side of Monterey Avenue. MR. BOB MITCHELL, MCCHOA Architectural Chairman, expressed concern that the sidewalk would have severe and extreme impacts on the aesthetics of Monterey Country Club as well as the City of Palm Desert. It would cause the loss of a minimum of five to seven mature palm trees, four flag poles, and two new planters including one surrounded by brick 13 MIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s* s s s s s s that was constructed just in the past year. With regard to a bicycle lane, he said when it was first proposed the City indicated that if it was constructed, the security walls around Monterey Country Club would be raised. He said he felt people walling were a greater security problem than people on bicycles. With regard to the decibel test, he said he hoped it would be done with full traffic at 50 miles per hour. When it was done with only two lanes open, there was less traffic, it was slower, there was less noise, etc. Additional comments were received from the following individuals in support of a new decibel test with all traffic lanes open and in opposition to a sidewalk and bicycle lane due to safety of pedestrians and security of homes in Monterey Country Club: MR. LEE MINOR, MCCHOA Facilities. MR. JERRY PAULSON, MCCHOA Vice President, said there were school children walking north on Portola from Rutledge without a sidewalk, and he felt they should receive a sidewalk instead of Monterey Country Club. He asked that Council look into this before installing a sidewalk that the residents do not want and do not need. MS. WINNIE WALKER, 156 Don Miguel Circle. Mayor Kelly noted that the issue of the sidewalk was listed on the Agenda under Council Reports and Remarks, and he asked that Council consider that item at this time following a five-minute recess at 5:30 p.m. Council concurred. Mr. Folkers stated that it was never staffs intention to cause turmoil or problems with the residents. He said this had been a difficult project, and staff appreciated the cooperation received from the homeowners association and others. With regard to the decibel test, he agreed that there had been problems with it. He said the City of Rancho Mirage informed staff that on December 3rd they were going to be doing a test, so staff hired a consultant and said that since Rancho Mirage was doing it on December 3rd, staff wanted its consultant out there to do a decibel test. Unfortunately, the City of Rancho Mirage cancelled. He said the contractor was in a situation where the test was really not meaningful but it was done, and staffs intention was to come back at a later time to have a more reliable test done. He said a test had been done in the spring, then the one on December 3rd, and another more reliable test will be done soon, and this will allow a determination as to whether the noise is worse, better, or the same. With regard to discussions held, representatives of both country clubs had been invited and were present at each of the meetings with the project development team. Former Project Manager G. Alan Smith met with both country clubs on numerous occasions while plans were being prepared. With regard to pedestrian "walk" lights, he said that in certain situations where there is a long green time, such as along Monterey Avenue, pedestrian indications are not essential although 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * they are desirable. As far as the appropriateness of disturbing the north entrance, this is something that could be looked at as we get further along in development. He said if the City went with a sidewalk on the west side, we still would have to cross pedestrians at the north light at Clancy Lane/Avenida Del Sol, and they would have to go through that intersection. Normally, pedestrian indications would be placed to cross Monterey wherever possible. With regard to the bicycle lane, Mr. Folkers stated the Planning Department several years ago was working with the City of Rancho Mirage to provide bicycle lanes in the City. He said that this was something that was shelved in the development of the plan, and then there was an opportunity to include in using some monies that might be available. He said that Phil Joy of the Planning Department met with residents, and because this had not been discussed with them before that time, it was not a positive meeting. He said staff would continue looking into this situation. With regard to landscaping, he noted that on September 20, 1995, and October 5, 1995, letters were sent to the country club with regard to the landscaping which was being put in north of Avenida Del Sol. Staff made some recommendations which were never implemented as part of the program put in. With regard to the potential loss of trees and flag pole as indicated by Mr. Mitchell, he said that in talking with Landscape Specialist Eric Johnson the feeling was that it was possible to move things around and still keep the essence of the beautiful entry and provide for the amenities of sidewalk and traffic signal facilities. With regard to noise from the pavement, Mr. Folkers stated that the City had paid additional money to put in latex modified asphalt for the final lift, both north and south of the bridge to make it a quieter riding pavement. He said this was something that was not called out in the specifications, but the City went ahead and did that because of concerns for residents in both country clubs. With regard to striping, he said most of the striping had been finished; however, the contract was injured and was not able to complete all of the striping. Mr. Folkers stated that staffs concern and intent with this project was to provide a safe, convenient facility. In response to the suggestion to provide a sidewalk for school children instead of in this area, Mr. Folkers reported that the City just recently finished a portion of Hovely Lane East where students had to walk in the street because there was no sidewalk. There is now sidewalk between Cook Street and the facility where the Coachella Valley Water District is located. Sidewalks had also been put in along Portola on the West side from Magnesia Falls down to connect to the Vineyards project. Sidewalk had also been put in on San Pascual which again helps students going to school. Mr. Folkers stated that the sidewalk that staff had intended to provide along the west side is a sad situation. He said it was his understanding that the City of Rancho Mirage intended 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to underground the utility lines beyond the bridge all the way to Temple Sinai and all the way to Clancy Lane using Rule 20A monies provided through the PUC from Southern California Edison. At the same time they had applied for a grant to provide sidewalk all the way along that west side from where the sidewalk terminates at Temple Sinai all the way to the Clancy Lane intersection. He gave a slide presentation and offered to answer any questions. Councilman Crites stated that he had walked that area earlier in the day. He said he did not think Council could make a decision at this meeting without talking to representatives of the City of Rancho Mirage about their intentions. He said he felt it was inconceivable to not have a sidewalk on Monterey Avenue to connect both sides of the City. He said he had received complaints from students living on the north about not being able to get from the Country Club Drive area down to this part of the community, and he felt it was the business of the City to encourage pedestrian traffic. He said he had lived on Don Miguel for several years and knew the area well, and even with the oleanders there, it was not hard to know what was on the other side of the wall, and there were significant issues of noise in the area. He said he was not sure most people having sidewalks in front of their homes have burglars; however, the issue of safety was something that needed to be discussed. He did not think the City of Rancho Mirage had any intentions of going further north than Clancy Lane, and he felt the City of Palm Desert would have to go ahead and put in sidewalk and not wait for development on Clancy to go in. He said there needed to be a design on how we are going to do this, and there may be a way to narrow the sidewalk to go through the palm trees instead of having to remove them. He said he felt people had the right to make the entrance to their homes look nice. Councilman Spiegel stated that he did not have enough information to go one way or the other. He agreed with Councilman Crites that it needed to be done; however, it was not a decision he felt needed to be made at this meeting. Councilmember Benson stated she had visited the area earlier in the day. She said this was something that needed to be done, and the City was trying to complete so there are no unprotected sidewalks. She said it was amazing to her that there are sidewalks along the back side of Monterey Country Club, and if she were a burglar, this is where she would go over the wall instead of along Monterey Avenue. She added that she did not see the logic in saying the sidewalk would cause burglaries. Councilman Snyder stated that the final goal was to have sidewalks in that entire area, and he agreed the decision should not be made at this time. He suggested that this matter be continued and direct staff to continue working with Monterey Country Club Homeowners Association to come up with a solution that is satisfactory to both the Club and the City. He offered to work on a small committee if needed. He added that he had confidence in the City staff and felt they had done a tremendous job building the bridge and keeping traffic moving through that area. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL, MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to continue this matter to the second meeting in January with specific direction to staff to contact the City of Rancho Mirage to ascertain their intentions, look at the two entrances to Monterey Country Club and prepare some kind of preliminary design for the sidewalk and getting people back and forth across Monterey Avenue, and look at aesthetics and safety to come up with something that meets the general public's needs as well as those of the homeowners at Monterey Country Club. Councilman Spiegel seconded the motion with a minor amendment that staff get involvement from Monterey Country Club after going to the City of Rancho Mirage. Councilman Crites agreed to the amendment, and the motion carried by unanimous vote. Ms. Erickson thanked the Council for its time and the manner in which this matter is being handled. She said they would be nudging the Council about the sidewalk and also some of the landscaping, at least up near the wall which not be affected by the sidewalk issue. B. REOUEST FOR APPROVAL OF ARTWORK BY MICHAEL WATLING AT THE NEW LUCKY STORE AT THE CORNER OF DEEP CANYON ROAD AND HIGHWAY 111. Mr. Nagus reviewed the staff report, noting that both the Art -In -Public -Places Committee and Civic Arts Committee had approved this artwork with provisions as outlined in the staff report. Upon question by Councilmember Benson, he described the artwork. Councilman Snyder moved to, by Minute Motion, approve the Civic Arts and AIPP recommendation for American Stores Properties to commission Michael Watling to create an artwork for the new Lucky Store property located at Highway 111 and Deep Canyon. Motion was seconded by Crites. Mayor Kelly stated that no one admired Mr. Watling's work more than he; however, he felt there were so many pieces already in the City that they were beginning to all look alike. He said he felt there was supposed to be more diversification in the City. Mr. Nagus stated that both the AIPP and Civic Arts Committees discussed this concern; however, as the program and policies currently exist, there is no criteria as to how any artworks of a similar nature should be throughout the City. Mayor Kelly asked how the developer ended up picking the same theme for their project as the entrances to the City. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. WATLING addressed Council and stated that he had received a call from the developer stating they liked his artwork in Palm Desert and wanted him to design something that would fit the theme of what he had already done. He said he told them he would do it but would not do the same artwork over and over again. He said he tried to work on a plant -based theme using sandstone material but to go as far away from the other artworks as possible. That is why the steel element was added and why the stone element was smaller than what he had done in the past. He added that this would be very different in visual impact than the agave piece down the street. Mayor Kelly called for the vote. Motion carried by a 4-1 vote, with Councilman Spiegel ABSTAINING. C. REQUEST FOR APPROVAL AUTHORIZING MAYOR TO ENTER INTO CONTRACTS WITH T.I. MALONEY, INC. AND ALLOCATE AN AMOUNT NOT TO EXCEED $200,000 FROM PARKS AND RECREATION FUND 233 FOR THE COMPLETION OF PHASE TWO OF THE PALM DESERT SOCCER FACILITY (FINAL MASTER PLAN AND CONSTRUCTION DOCUMENTS). Mr. Diaz noted the report in the packets and stated that Mr. Winklepleck was available to answer any questions. Mr. Winklepleck noted that T.I. Maloney, Inc. had just recently changed its name to Community Works Design Group. He reviewed the staff report, noting that there had been no objections received at the Planning Commission meeting. He said staffs recommendation was to go forward with the next phase. Councilman Crites asked whether adjacent properties and nearby residential communities had been notified of this meeting, and Mr. Winklepleck responded that they had. Upon question by Mayor Kelly, Mr. Winklepleck stated that there were still five more days to go in the call-up period for this matter. Councilmember Benson stated that she would feel more comfortable if the City had something in writing from Portola Country Club and Chaparral Country Club. She said her concern was that we will have them coming in later and saying they did not know about this or there was a different board of directors, etc. Mr. Winklepleck stated that one of the conditions of the Conditional Use Permit was that a standing committee be formed, including the City, Coachella Valley Recreation and Park District, Palm Desert Youth Soccer League, and members from the different residential communities, and that way, if there are problems, they would go to the committee first to try and resolve them prior to bringing them back before the Planning Commission. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, authorize the Mayor to enter into contracts (Contract No. C12140) with Community Works Design Group (formerly T.I. Maloney, Inc.) and allocate an amount not to exceed $200,000 from Parks and Recreation Fund 233 for the completion of Phase Two of the Palm Desert Soccer facility (final master plan and construction documents), amended to reflect that approval would not take effect until the expiration of the appeal period so that staff does not go forward until after that time. Motion was seconded by Spiegel and carried by unanimous vote. D. REOUEST FOR APPROVAL OF CITY OF PALM DESERT COMMERCIAL VEHICLE OPERATORS DRUG AND ALCOHOL POLICY AND AUTHORIZE MAYOR TO ENTER INTO AN AGREEMENT WITH TAG/AMS INC. FOR DRUG TESTING Mr. Wohlmuth reviewed the staff report, noting that this was a Federal Government mandated program. He stated that the City currently had three vehicles and one trailer that qualified. He said staff was also recommending that the City join a consortium that will draw random names for our drivers. He said the current consortium had 1600 employees and 200 employers. Councilman Spiegel moved to, by Minute Motion: 1)Approve City of Palm Desert Commercial Vehicle Operators Drug and Alcohol Policy; 2) Authorize the Mayor to enter into an agreement (Contract No. C12150) with TAG/AMS, Inc. Consortium for random selection and drug testing laboratory analysis of all specimens. Motion was seconded by Snyder and carried by unanimous vote. E. INFORMATIONAL ITEMS: Mr. Diaz introduced the City's new Project Manager Michael Errante from the Public Works Department. 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers updated the Council on the progress of these interchanges. 2. Progress Report on Retail Center Vacancies Mr. Diaz noted that the committee had met with representatives of the Palm Desert Town Center in terms of the proposed expansion and renovation of the mall. He said another meeting had been set for 10:00 a.m. on January 7, 1997. With regard to the Best Buys store at 111 Town Center, he said it was proceeding on schedule. With regard to the Circuit City property, Councilman Spiegel noted that Mr. Shillcock had set up a meeting earlier today with the new person who will be handling the 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * property, and it looked as if he would be aggressively looking to get someone in that building. He added that Merle Norman would be opening in 111 Town Center in January and that World Gym was open and had over 200 members for opening day. XI. CONTINUED BUSINESS A. REOUEST FOR APPROVAL OF URBAN FORESTER CONTRACT, Contract No. C12090 (Continued from the Meeting of November 14, 1996). Mr. Wohlmuth stated that Council had continued this item from its last meeting. He said staff had information regarding some of the work that the consultant will be doing for the different departments and provided it to the Council along with some comparisons regarding rates. Councilman Spiegel stated that the reason this was questioned at the last meeting was because the person was starting out at $80,000 and would end up making $96,000. He said his question was what was the City going to get for this money. He said he was not suggesting that the City does not need this position; however, he suggested that after the consultant is on the job for several months, a job description needs to be prepared with goals and objectives which can then be reviewed quarterly to see what has been accomplished. He suggested that the contract not be for two years but instead that it be something that can be looked at every six months. Mr. Wohlmuth stated that the contract itself was for approximately $80,000 per year. The first six months the City, as part of last year's budget, had allocated $50,000 for this year, not knowing what the hourly rate of an urban forester or landscape architect would be. The total contract would be $80,000 for a 12-month contract. He said we are at the mid -year point now and, unfortunately, we are off the fiscal year cycle. He noted that with regard to the two years, the consultant had requested a two-year contract to move to Palm Desert. If Council desires a shorter term contract, staff had proposals from other consultants. He said the consultant had requested two years, and staff negotiated a rate reduction based on a two- year contract. Councilman Crites stated that no matter how long a contract, if the person is not performing, the City has the right to terminate the contract. Mr. Wohlmuth agreed and stated that this was the best definition of an at -will employee. He said the contract had a 30-day termination clause for any reason. Councilman Spiegel stated he still felt there should be a job description with goals and objectives defined by the Urban Forester and that the Council receive a quarterly update on what has been accomplished. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Wohlmuth stated that a job description had already been prepared but that staff would be happy to provide quarterly updates. Councilmember Benson stated that she was not against the Urban Forester position. She said when this came up several years ago, the Council approved an allocation of $50,000 a year for something like that. Now the $50,000 does not cover the whole year, and staff is asking that an additional $30,000 be put in, and next year it will go up. She said this is not what we started out with, and she would not vote for something with this type of salary for this type of program. She said she felt there were other needs and things we don't know yet that will have to be paid for. She added that she thought this was to be for someone to come in and show the employees how to trim trees, etc. Now we're in to multiple programs for an Urban Forester which she felt were superfluous. She expressed concern that the reserve that the City has worked so hard to keep is going to be chipped away at until some day we are going to wonder where it went. Councilman Crites stated that one of the ways we could be most likely to chip away at that reserve is by doing things that are not appropriate to do, by letting millions of dollars that we now have as inventory in trees and shrubs not be properly taken care of, by letting things like those that have gone on at the mall where we now have oleanders where we were hoping for shade trees, etc. He said we don't have anyone to do these things. He said as the staff report notes, we would be paying $80,000; however, we would not be paying any benefits. If we were to pay someone in-house, we could pay them about $50,000 but by the time benefits, office, clerical assistance, etc. are provided we would be right back at this same amount. He also noted that the City had the opportunity to hire someone who has been chief of this program for a city that is known nationally for having one of the best programs of this nature anywhere. He said from the job summary, it looked like there was enough work for three people to do. Councilman Crites moved to, by Minute Motion, authorize the Mayor to enter into a two-year, forty hours per week contract with Clark and Company to provide urban forestry consulting services at an hourly rate of $38.46, with direction that the contractor shall establish goals and objectives and come back with quarterly reports as to how those goals and objectives have been met and recognizing that the contract can be cancelled with 30 days notice. Motion was seconded by Spiegel and carried by a 4-1 vote, with Councilmember Benson voting NO. XII. OLD BUSINESS A. REOUEST FOR CONSIDERATION OF TRAFFIC CONTROL AT LINCOLN SCHOOL/PALM DESERT MIDDLE SCHOOL. Mr. Diaz noted the report and recommendation in the packets. Councilman Crites recommended that staff look at making Portola northbound in front of the school two lanes. He said Portola northbound from Fred Waring to Rutledge was two lanes, 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and after that the street narrows and is no longer two lanes; however, people make it two lanes anyway. He said that traffic -wise, he felt it would be good to make it two lanes all the way. Mr. Folkers stated that he felt this was an excellent suggestion and that staff would look into it. Councilman Spiegel moved to, by Minute Motion, continue the school area traffic control plan throughout the school year. Motion was seconded by Crites and carried by unanimous vote. B. REVIEW OF DRAFT 2010 STRATEGIC PLAN GOALS AND OBJECTIVES. Mr. Wohlmuth noted the staff report in the packets, noting that over 100 volunteers helped to draft this document, 20 steering committee members reviewed it, and 15 facilitators also assisted. He said staff was requesting that Council review the document, look at it carefully, and provide comments within 30 days so that the document can be finalized and brought back in January or February of 1997. Councilman Spiegel stated that a lot of citizens put a lot of effort into this plan, and he recommended that time be set aside for the Council to sit down with the Chair of each of these groups and let them present to the Council what they want in the 2010 Plan so the Council feels comfortable with it, even if it takes longer than the 30 days. They will then have a feeling that the Council really understands what they are trying to do. He asked that staff put together some type of a schedule for this. Councilman Crites also suggested that when this is complete, it should be published and sent to all residents with a request for comments. Councilman Spiegel agreed. Councilman Spiegel moved to, by Minute Motion, direct staff to proceed as outlined above and set up a schedule for the Council to meet with each of the Chairs and committee groups to review their efforts. Motion was seconded by Crites and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Diaz asked that the Council add to the Agenda several items which came up after the Agenda was posted. He stated these items dealt with a request for postponement of sewer fees for Dash Golf Carts in a vacant store on Highway 111 and issues dealing with the charging station. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to add these items to the Agenda. Motion was seconded by Spiegel and carried by unanimous vote. 1. Mr. Diaz stated that Dash Golf Carts wished to occupy a vacant building between Ace Hardware and Ruth's Chris Steak House. The current ordinance requires sewer hookup payment prior to close of escrow, and Dash Golf Carts was requesting approval to postpone hookup until after the main season is over and there is less traffic and customers. They were also requesting approval to postpone payment of the fee for 90 days, and staff recommended approval of these requests subject to the applicant bonding for those things. He also suggested that Council direct staff to prepare a revision to the sewer ordinance to allow the City Manager or another department head to handle these types of requests so that they do not have to keep coming back to Council. Councilman Crites moved to, by Minute Motion, approve the requests as outlined by Mr. Diaz. Motion was seconded by Spiegel and carried by unanimous vote. Councilman Kelly stated that at one time, Council was looking into the purchase of a Trans2 golf cart, and he asked the status of this matter. Mr. Wohlmuth responded that departments were asked if there was a need for another golf cart in the City's fleet, and it was felt there may not be such a need at this time. Staff had discussions with the owner of Trans2 who would be willing to loan one to the city. He added that there was no money in the budget for another golf cart at this time but that it could be included in next year's budget. 2. Mr. Diaz distributed copies of the proposed landscape plan for the charging station and stated that the plan had been done by Landscape Specialist Eric Johnson to make sure it is compatible with the landscaping across the street and throughout the Civic Center complex. With regard to public art, he said Community Arts Manager John Nagus had indicated he felt the landscaping should be completed first, and then staff would look to see if a piece of art could go there or whether it would be overwhelmed. He said either way, the one percent fee would go to either install a piece of art or would be put into the Art -In -Public -Places fund. He said staff recommended proceeding with the landscaping and that funds were already available in the contingency funds set aside when the facility was constructed. He noted that $10,000 was available, and staff was assured the landscaping in the plan could be done with this amount of money. Councilman Snyder stated that the plan had been considered by the Park Steering Committee and approved unanimously. Upon question by Councilman Spiegel as to why we are keeping this facility when it does not get any use, Councilman Kelly responded that electric vehicles will be used 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * more in the near future, and this facility will be used. He added that he felt it was a good project. Councilman Crites moved to, by Minute Motion, approve the plan as outlined by Mr. Diaz. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Spiegel ABSTAINING. 3. kiydrQgen Charging Station Mr. Diaz stated that this facility was proposed to be located at the College of the Desert entrance on the south side of San Pablo. He said the following day the College Board of Trustees would be meeting to discuss this matter and that Mr. Shillcock had been working on the matter of potential liability and insurance. Mr. Erwin stated that he had received that afternoon confirmation from the Southern California Joint Powers Insurance Authority that they had received all of the information about the station, etc., and indicated coverage was in place for the facility and the program. He said there was still an issue of who drives the vehicles, and he was still dealing with that. Mr. Diaz stated that a second item of concern was the need to process any plans through the Office of State Architect. He said Blurock was the firm that had been working with the College on the plan, and they had a proposal that they would make the design and carry it forward, securing necessary approvals through the Office of State Architect. However, they have a fee of $25,000 which is not currently budgeted for in the program. He said that while staff would try to pay for it out of the existing program, he did not want to have to come back to Council in 14 months and request that •$25,000. He asked that Council take action with regard to the $25,000 contract with Blurock. Mayor Kelly asked whether this had been reviewed and concurred by the rest of our partners, and Mr. Shillcock responded that it had been and they understood that the only way to move this forward was to go through the review of the State Office of Architecture. Mayor Kelly asked whether Schatz Energy had agreed to the design and everything. Mr. Shillcock responded that we do not yet have the design but that Schatz Energy was not overly concerned with the physical appearance of the facility, as long as the inside of the building had all of the pieces they felt were necessary. Mayor Kelly expressed concern that this was $25,000 that we did not know about and he asked if there would be more requests down the road. Mr. Shillcock responded that he hoped there would be no others but could not guarantee it. He said there is money to construct to refueling facility but there was not this kind of money for design because we did not expect to have to go through this review process. Councilmember Benson asked whether this was on the corner of San Pablo and the entrance to the College of the Desert, and Mr. Shillcock responded that it was. 24 DNUTFS REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that the Council did not want it on the Civic Center side of the street and it is now going to be on the other side, and she felt it was ridiculous that the City of Palm Desert keeps being asked for money. She expressed concern with San Pablo being ruined by these facilities. Councilman Crites asked whether the $25,000 included some design services as well, and Mr. Shillcock responded that this was for a 20' by 20' building, so the design would be minimal. Most of the money was taking it through the review process with the State Architect. Councilman Crites asked if design money was included in the original budget, and Mr. Shillcock responded that it was not specifically identified. The intent when the project was initially presented as a concept was to have the refueling station on City property and use the same architectural style as the rest of the City buildings. This would have made it fairly easy to do the design, and there was not, therefore, a substantial amount set aside for the design. After additional discussion, Councilman Crites moved to, by Minute Motion, approve the request. Mayor Kelly seconded the motion to get it on the floor. Mayor Kelly noted that Councilman Snyder had left the meeting for a short time and suggested that this matter be continued until such time as Councilman Snyder returns to the meeting. Mayor Kelly called for the vote. With a vote of 2-2 (Councilmembers Crites and Kelly voting YES, Councilmembers Benson and Spiegel voting NO), no Council action was taken. After Councilman Snyder returned to the meeting, Councilman Crites moved to, by Minute Motion, approve the request and staffs recommendation. Motion was seconded by Snyder and carried by a 3-2 vote, with Councilmembers Spiegel and Benson voting NO. B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Request for Closed Session Conference with Legal Counsel - Existing Litigation pursuant to Section 54956.9(a): City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No. 090744 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 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: j Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: Southeast corner of Portola Avenue and Hovley Lane East Assessor's Parcel Number: 624-040-024 Negotiating Parties: Agency: Richard J. Folkers, Director of Public Works Property Owner: F.X. McDonald Under negotiation: _ Price _s_ Terms of Payment Conference with Real Property Negotiator pursuant to Section 54956.8: Property: APN Nos. 771-050-003, 004, and 771-060-002 Negotiating Parties: Agency: City of Palm Desert Property Owner: C.C. Meyers Under negotiation: _ Price _ Terms of Payment Conference with Real Property Negotiator pursuant to Section 54956.8: Property: 73-975 Shadow Mountain Drive, APN:627-351-039 Negotiating Parties: City: Philip Drell Property Owner: Denise Roberge Under Negotiation: x Price x Terms of Payment Conference with Real Property Negotiator pursuant to Section 54956.8: Property: The northwest corner of Fred Waring Drive & Warner Trail APN:637-281-023 thru 026 & 637-281-016 thru 023 Negotiating Parties: City: Philip Drell Property Owner: Korn Family Trust Public Employee Performance Appointment pursuant to Section 54957 Title of Position to be Filled: Business Support Manager 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CITY CLERK 1. Mrs. Gilligan stated that the applicant process had been completed and that Councilmembers had each received notebooks with copies of all of the applications received. She asked that they review the applications and provide recommendations to Councilmembers Benson and Crites for appointment to various committees and commissions. 2. Mrs. Gilligan reminded Council of the 5K race this Sunday, December 15, 1996. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Authorization of Funds for a Sidewalk on the Palm Desert Side of the Monterey Avenue Bridge (Mayor Richard S. Kelly). Mayor Kelly noted that this item had previously been discussed under New Business Item A. 2. Consideration of a Report of the County Library Committee Relative to County Library Services (Mayor Pro-Tempore Jean M. Benson). Councilmember Benson stated that she had attended a library committee meeting last Monday put together by County Supervisor Roy Wilson, and the purpose was to decide which way this area would like to go relative to the library. She said if cities wished to withdraw from the County Library System, they would have to do so no later than December 31, 1996. She said the consensus of the committee, which included all of the Coachella Valley cities plus Noel Brush from CSA 51 representing Desert Center, was that they were not interested in the County running the library per se but might be interested if it was run by a zone approach where the Coachella Valley is one zone. She added that withdrawing from the County Library System at this time was not a commitment that had to be honored, but a resolution of intent needed to be adopted prior to December 31. She noted that an RFP would be put together in January. Upon question by Councilman Crites, Councilmember Benson stated that she did not really have a recommendation at this time; however, money had been previously allocated for a consultant to determine what it would cost to operate our own library. She said it might be a good idea for Palm Desert to adopt a resolution of intention to withdraw from the County Library System and then go ahead with the study to determine where the money would come from and how much it would cost to operate the library. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites asked Principal Librarian Barbara Bowie for her comments on this matter. She responded that she was available to answer questions. She said she had sat with Councilman Crites and Snyder on the committee with the City Manager when this was being explored a year ago. At that point the committee was looking closely at recommending withdrawal, and that is the point at which the committee recommended the hiring of Beverly Simmons to look into this. That was put on hold as different things have happened recently with the County. She added that next Tuesday the City of Riverside would be making a decision as to whether they would even be interested in a contract with the County Libraries. If they say no, they are not interested, that will change the complexion of the County Libraries, no matter what the City of Palm Desert does. Councilman Crites moved to waive further reading and adopt Resolution No. 96-74, notifying the County of Riverside of the intention of the City of Palm Desert to withdraw from the Riverside City and County Public Library System, noting in the resolution that the filing of intent is done so that we maximize the options that we have during the next year. Motion was seconded by Snyder and carried by unanimous vote of the Council. Council concurred. 3. Consideration of Benches for El Paseo (Councilman Buford A. Crites). Councilman Crites asked the status of this matter. Councilmember Benson stated it was her understanding that funds had previously been allocated for benches on El Paseo and said she had met with Board President Sonia Campbell and looked at designs for said benches. Mr. Folkers indicated that there was money in the budget but that he did not know the status at this time. Councilman Crites asked that staff come back with a status report at the January 9th meeting. 4. Councilman Crites stated that he had received a telephone call from Ed Kibbey of the Building Industry Association relative to a vacancy on the Art -In -Public - Places Committee, and his suggestion was that, given the amount of business the construction industry does relative to public art, the Council should consider appointing a member of their organization to this committee. He said he had brought this to the attention of Mrs. Gilligan and Community Arts Manager John Nagus, and their initial reaction was positive. He noted that he felt Mr. Kibbey would be interested in being appointed himself if the Council 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Council concurred. Council concurred. wished to do so. He added that the Art -In -Public -Places Committee would be meeting next week and that he would bring this matter to their attention. 5. Councilman Crites stated that Councilman Spiegel had asked staff to look at the Conditional Use Permit for La Bamba, a dining and dancing place, and check for violations and, if appropriate, begin the hearing process on that. 6. Councilman Crites stated that Councilman Spiegel asked that staff be directed to look again at the issue of leaf blowers in the City. He noted an article in the Los Angeles Times relative to the demise of leaf blowers in the City of Los Angeles and said Councilman Spiegel felt if Los Angeles could ban them, the City of Palm Desert should also look at the issue again. 7. R guest for Approval of City Philosophy (Mayor Richard S. Kelly) Mayor Kelly noted the draft City of Palm Desert Philosophy and asked Council for comments. Councilman Crites suggested that this be taken to the Palm Desert Employees Organization for comments and also to each of the City's Committees and Commissions for comments. Then, when appropriate, it should be brought back to the Council. Councilman Crites moved to, by Minute Motion, approve this process. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Spiegel ABSENT. o City Council Committee Reports: 1. Mayor Kelly stated that he had received a call from Mr. Carl Still from Imperial Irrigation District who indicated that a representative from Palm Desert was not eligible to be on the IID Advisory Board because we are not served by their organization. Councilman Crites moved to, by Minute Motion, direct the Mayor to send a letter to the Chairman of the Board of Imperial Irrigation District noting that the City of Palm Desert had been asked by IID to serve on its Advisory Board and that being that IID covers a very tiny percentage of the City of Palm Desert, that we would appreciate them waiving the service/residency requirement for the City of Palm Desert. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Spiegel ABSENT. 29 MINUTES REGULAR PALM DESERT CITY COUNCLL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Councilman Snyder complimented and thanked the Planning Department staff for their recent assistance in the EIR process for a major program adjacent to the Thermal Airport. 3. Mayor Kelly noted that he had participated in judging in a design contest for a neighborhood vehicle electric car and that there were approximately 28 students at the art institute who participated in this program. He said the vehicle would fit on the chassis of a golf cart. He said the top five awards would be on display in Palm Desert in January, and he hoped the Council would do something to recognize those five students. He added that he felt the Library might be a good place for this display. XIV. ORAL COMMUNICATIONS - B None City Attorney David Erwin asked that the City Council and Agency Board add to their Closed Session items two items which came up after the Agenda was posted dealing with real property negotiations (Government Code Section 54956.8) - parcels of property in Section 4 owned by the City, with negotiations to be conducted with 1) Intrawest and 2) Marriott Corporation. Councilman/Member Crites moved to add these items to the Agenda for discussion in Closed Session. Motion was seconded by Snyder and carried by unanimous vote. Councilman Crites moved to adjourn the meeting at 6:16 p.m. for dinner and Closed Session to discuss the above two items plus those listed under City Attorney Reports and Remarks. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Kelly reconvened the meeting at 7:10 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF 1996 APPOINTMENTS TO VARIOUS CITY COMMITTEES AND COMMISSIONS. Councilman Snyder moved to continue this item to the meeting of January 9, 1997. Motion was seconded by Crites and carried by u unanimous vote. X V III. PUBLIC HEARINGS A. REOUEST FOR CONSIDERATION OF 23RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Mayor Kelly declared the public hearing open. Mr. Ray Janes, Management Analyst II, reviewed the staff report and recommendation, noting that this year's block grant allocation was $229,309, of which 85% or $173,987 has to go toward capital improvement projects. The remaining 15% or $55,322 is to be given to local public service agencies, and the application deadline for the 23rd year funding was Thursday, January 2, 1997. He offered to answer any questions. Councilman Crites asked whether all of the organizations already knew of this. Mr. Janes responded that notice had been published in the Desert Sun. Councilmember Benson asked whether organizations funded in the past had been notified of the deadline. Mr. Janes responded that they should be aware of the deadline but that staff had not sent out notices to them. Mr. Diaz stated that staff would call anyone who has indicated an interest and follow up with a letter. Mayor Kelly invited testimony relative to this request, and no testimony was offered. He declared the public hearing closed. Councilman Spiegel moved to, by Minute Motion, direct staff to work with the applicants to develop eligible projects. Motion was seconded by Crites and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT With Council concurrence, Mayor Kelly adjourned the meeting at 10:45 p.m. to 11:00 a.m. on Tuesday, December 17, 1996, for the purpose of holding a Closed Session. ATTEST: SHEILA R. GILLIGAN DIRECTOR OF COMMU RICHA AFFAIRS/CITY CLERK 32