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HomeMy WebLinkAbout1996-05-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:10 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor 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, Redevelopment Agency Executive Director Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul Gibson, City Treasurer/Finance Director Pat Conlon, Director of Building and Safety Wayne Ramsey, Director of Code Compliance Phil Drell, Director of Community Development Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 25, 1996. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 46 and 47. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#3Q¢) by Colonial Penn Insurance Company in an Unspecified Amount. Rec: By Minute Motion: 1) Deny the claim and refer the Claimant to the project contractor, E.L. Yeager; 2) direct the City Clerk to so notify the Claimant. D. MINUTES of the Civic Arts Committee Meeting of January 8, 1996. Rec: Receive and file. E. MINUTES of the Economic Development Advisory Committee Meeting of January 18, 1996. Rec: Receive and file. F. RED TFST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Replacement Lighting at the Cahuilla Park (Contract No. CI1230). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the replacement lighting at the Cahuilla Park tennis courts. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Sidewalk Grinding (Contract No. C1124Q). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for a Paint Truck. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the purchase of a paint truck. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR AWARD OF CONTRACT for Traffic Signal, Median Island, and Striping Modifications on Monterey Avenue and Park View Drive/College of the Desert (Project No. 571/95, Contract No. C10420). Rec: Removed for separate discussion under Section IX, Consent Items Held Over. See that portion of the Minutes for Council discussion and action. J. REQUEST FOR AWARD OF BID for Civic Center Heating Ventilation and Air Conditioning (HVAC) Replacement (Contract No. C10890). Rec: By Minute Motion: 1) Reject all bids received; 2) authorize staff to rebid the project. K. REQUEST FOR APPROVAL of Cook Street at I-10 Interchange Construction Cooperative Agreement between the State of California (Caltrans District 08), County of Riverside, and City of Palm Desert (Contract No. C11250). Rec: By Minute Motion, approve and execute the Cook Street at I-10 Interchange Construction Cooperative Agreement between the State of California, County of Riverside, and City of Palm Desert. L. REQUEST FOR RATIFICATION of Cove Commission's Decision to Fund Equipment for the Desert Search and Rescue Team. Rec: By Minute Motion, ratify the Cove Commission's recommendation for funding of equipment for the Volunteer Desert Search and Rescue Team and appropriate $54,851.94 from the City's unobligated general fund. M. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agency Committee Recommendations for Funding. Rec: Removed for separate discussion under Section IX, Consent Items Held Over. See that portion of the Minutes for Council discussion and action. N. APPLICATION FOR ALCOHOLIC BEVERAGE LICENS by Parcival, Ltd. for Doug Arango's, 73-520 El Paseo, 1E-1J, Palm Desert. Rec: Receive and file. Councilman Spiegel asked that Items I and M be held for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Crites, second by Kelly, the remainder of the Consent Calendar was approved by unanimous vote of the Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. RESOLUTIONS A. RESOLUTION NO. 96-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING MUNICIPAL RESOURCE CONSULTANTS (MRC) TO CONDUCT A COMPLIANCE AUDIT OF FRANCHISE FEES WITH THE CITY'S FRANCHISE FEE ORDINANCES RELATED TO UTILITY AND CABLE TELEVISION SERVICES. Mr. Diaz noted the report in the packets and offered to answer any questions. Councilman Crites moved to waive further reading and adopt Resolution No. 96-29. Motion was seconded by Kelly and carried by unanimous vote. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 801 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 8.70 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE. Mr. Diaz noted the report and proposed ordinance in the packets. Upon question by Councilmember Benson relative to the replacement ordinance distributed to the Council, Mr. Erwin responded that the replacement ordinance expanded the requirement for property owners to take the maintenance out to the curb line on the property to include not only the parkway but the sidewalk area as well, and the ordinance originally included with the staff report did not include that. Code Compliance Director Wayne Ramsey and Code Compliance Officer Evelyn Bridges reviewed the staff report and gave a slide presentation to illustrate different sections of the ordinance including yards, fences, windows, doors, gates, peeling paint, damage to structures, abandoned and inoperative vehicles, street damage due to water runoff, signs, lights, awnings, graffiti, swimming pools, trash, stockpiling of dirt, overgrown trees, clothes lines, and recreational vehicle storage. Councilman Spiegel noted that there was no reference in the ordinance to septic tanks. Ms. Bridges responded that there were separate ordinances for noise, lighting, and sewage, and these problems are the type that are solved immediately. Councilman Kelly questioned section 8.70.030 relative to substandard buildings and houses and those in an unreasonable state of partial construction. He said he remembered when there was a building in the City that was partially completed and the owner could just go out and hammer a few nails and this would suffice for them having worked on the building. He 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * asked if this type of situation was addressed in the ordinance to prevent people from just going out and doing a few things to the building and leaving it half built. Building Director Pat Conlon responded that the State Building Code allowed six months between inspections. Once an inspection is done, the builder would have six months to cal for the next inspection for the next level of work. Mr. Erwin noted that the drafters of the ordinance tried to put into the definition some language that would allow that issue to be addressed (i.e., "substantially detracts from the neighborhood", and "lowers property values"). Councilman Kelly asked if there was something in this ordinance relative to parking of recreational vehicles that would prohibit owners from just driving them around the block and then parking them in the same spot. Mr. Erwin responded that this issue would be addressed in a separate ordinance for recreational vehicles. Councilman Crites noted the slide that showed a stake bed truck with a small cement mixer attached to the back. Assuming that that person has a small construction firm and uses the cement mixer in his business, he asked what would happen to the cement mixer when the person drives home in the evening and goes back to work in the morning. Mr. Ramsey responded that with this ordinance, it would be illegal for the cement mixer to be stored in public view, and leaving it attached to the truck overnight would be illegal. Councilman Crites expressed concern with this and said he would not want the Council to have to deal with people coming in to complain about this situation. Mr. Ramsey suggested that staff meet with the Council and discuss how to handle these types of situations. Councilman Crites also expressed concern with vegetation and landscaping. He said Mr. Diaz had indicated one area that would be addressed is the difference between what is approved as landscaping and what is there five years later. He said he did not see anything in this ordinance to say the kinds of things that are part of the conditions of approval have to remain on the property. He noted as an example that the Town Center replaced dead shade trees with oleander bushes. He expressed concern with another issue, that of trees being in the right-of-way and blocking line of sight. He asked why the City would care about trees being in the right-of-way if they are taller than commercial vehicles and do not interfere with line of sight or traffic. He expressed concern with the section in the ordinance dealing with clothes lines and the fact that a corner house cannot put one in the side yard but can have one in the rear yard, and both yards are equally visible in a corner house. He asked if the intent was not to have these clothes lines in unscreened areas, and Mr. Ramsey replied that that was the intent. Mr. Erwin added that there was a phrase indicating that they should not be visible from the public right-of-way, and fencing would prevent them from being in violation. Councilman Crites asked if that would mean homeowners could put clothes lines in the front yard, and Mr. Erwin responded that they could as long as they are not visible. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With regard to carports and vehicles, Councilman Crites asked why the City would be concerned with inoperative vehicles that people are not using, as long as the area is being kept clean. Mr. Ramsey responded that policy has been that these people are not normally bothered if the areas are kept cleaned up and without cobwebs. Councilman Crites expressed concern that the ordinance did not address the policy as noted by Mr. Ramsey. He added that another area that needed to be looked at was the section dealing with repair of vehicles and that the way the ordinance was currently written, a person with a carport could not even change spark plugs or oil on his/her vehicle without being in violation. Councilman Crites stated that he felt the ordinance was a great idea but that it needed some fine tuning. Councilman Spiegel stated that he understood Councilman Crites' concerns but felt the City needed to correct what was shown on the slides. Councilmember Benson expressed concern with the section regarding faded awnings and said that just because awnings are faded, that doesn't necessarily mean they are bad. She noted that with the heat here in the desert, an awning could be up for a relatively short period of time before fading. She said she felt a faded awning was not necessarily bad unless it is also in a state of disrepair. Mr. Drell stated that there was a lot of language in the proposed ordinance that was inherently very subjective. He said he saw this as being like the California Environmental Quality Act. He said there was a very generalized law out there, and then there were the CEQA Guidelines where they've gone through and specifically made those sorts of judgments of how we're going to enforce this law. He said he would envision those sorts of fine points being describe in an enforcement policy document for the proposed property maintenance ordinance with a set of photographs which depict a whole range of disrepair, from awful to acceptable, showing the line between what is okay and what is not okay. Councilmember Benson asked if this same document would show the timeline the property owners would have for correcting or repairing the problem, and Mr. Drell responded that it would. Upon further question by Councilmember Benson, Mr. Diaz responded that there would be a separate document showing the financing package for people who are not financially able to correct these problems. Mr. Diaz requested that the Council adjourn this meeting to 3:00 p.m. on Thursday, May 23, 1996, prior to the next City Council meeting, to discuss the issues raised here. Councilman Crites moved to waive further reading and pass Ordinance No. 801, to second reading. Motion was seconded by Spiegel and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 800 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 9.50.040, 9.50.050, AND 9.50.060 OF THE PALM DESERT MUNICIPAL CODE PERTAINING TO MOBILE HOME PARK RENT REVIEW. Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 800. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilmember Benson ABSTAINING. IX. CONSENT ITEMS HELD OVER I. REQUEST FOR AWARD OF CONTRACT for Traffic Signal, Median Island, and Striping Modifications on Monterey Avenue and Park View Drive/College of the Desert (Project No. 571/95, Contract No. C10420). Councilman Spiegel stated that because the City is doing this to make it easier to get into and out of College of the Desert, and because it will benefit both the College students and the Street Fair, he felt the College of the Desert should participate in the cost of these modifications. Mr. Folkers responded that staff would contact representatives of the College and discuss the sharing of the cost. However, he asked that the Council authorize staff to proceed with these modifications. Councilman Crites stated that the semester would be over in two and a half weeks, the Street Fair will diminish in size due to summer, and summer school is smaller than regular semesters. He suggested continuing this matter for two weeks while staff looks into participation by the College. He also suggested that staff inquire as to what the College has planned for improvement of its part of that intersection, with perhaps an option being that we pay for ours if the College does theirs. Councilman Spiegel moved to continue this matter to the meeting of May 23, 1996. Motion was seconded by Benson and carried by unanimous vote. M. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agency Committee Recommendations for Funding. Councilman Spiegel stated that he had spoken with Fire Marshall Mike McConnell this afternoon relative to the driving range at the College and the fact that it is currently fenced. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He said with the numbers of people we could have there for the 4th of July, there are two things that bother him, including what if something happens in the driving range. Councilman Crites noted that the fence would be taken down for the 4th of July event. Upon question by Councilman Spiegel, he stated that although the entire fence would not be taken down, large sections would be removed for emergency access. Councilman Spiegel moved to, by Minute Motion, approve the Charitable Contributions/Outside Agencies Committee recommendations for funding in accordance with the 1995/96 budget for the July 4th Greater Desert Fireworks and authorize the Mayor to execute the agreement between the City and this same agency. Motion was seconded by Benson and carried by unanimous vote. X. NEW BUSINESS A. INFORMATIONAL ITEMS: 1. Update on Fuel Cell Project: a. Status of AQMD/DOE funded program b. Proposal for solar powered electrolysis facility c. Program possibilities/needs assessment for diagnostic center at former City Corporation Yard Economic Development Manager Paul Shillcock noted the reports in the packets and briefly reviewed them. With regard to the solar powered electrolysis facility, he stated the location that appealed to staff, DOE, and Humboldt State was in the Civic Center Park, north of the recharging facility currently under construction. He said the idea was to make this an educational facility and that he expected it would get a lot of use with both self -guided tours and tours provided to students in the Valley schools. He noted the footprint of the facility included in the staff report and stated that a lot of space had been allowed for students to congregate in and around the various facilities. He added that there was also an artist's concept included in the staff report. He said that since this would be located on the Civic Center site, it would go to the Civic Center Steering Committee for review; if it is successful in its review there, it will go on to Architectural Review Commission and then to City Council with recommendations from those two bodies. He offered to answer any questions. Councilman Crites stated that he would hope that those involved in this would remain open to alternate sites. As an example, he said the College had an empty corner across from the Civic Center ballfields at San Pablo and Magnesia Falls. Mr. Shillcock responded that the design would be site -specific based on the restrictions of the site. If it Council's feeling that it would rather not have it on the Civic Center site, he would like to know that now so that an alternate site could be located. 8 MINUTES -- REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated she felt we had already messed up the entrance to the most beautiful park in the Valley with the recharging facility. She said there were many other locations for this facility. She added that she had gone to a lot of site exhibitions throughout the United States, and these facilities are not in the center of town and do not have to be off of the first main street coming into town. They can be out at a facility where this is room to demonstrate it, and she felt it was a crying shame to bring in multiple large numbers of school buses to the site on San Pablo as an entrance to the park. Councilman Spiegel agreed and said that in looking at the layout, this facility would be twice the size of the current charging station. He said he did not feel it was appropriate for that location. Mr. Shillcock asked whether the concern was with the use and not necessarily the design. Councilman Spiegel stated that the concern was with the facility being at the main entrance to the Civic Center park. Councilmember Benson stated that she was opposed to having the facility in the park. Councilman Kelly stated that he had had discussions with Mr. Shillcock today, and they were willing to look for other sites. Councilman Crites stated that he had asked the City Clerk to pull the staff report approving the charging facility, and the report indicated only the location. He said nothing that he saw, that the City Clerk's Office had, indicated that the City Council ever saw the footprint of the facility. He agreed with Councilmember Benson that not only was this facility absolutely in the wrong spot, as we wait for the program to grow what people will see as they drive in is an empty charging station. He said this was not the advertising that he felt the City wanted to create. Over time it won't be empty, and it will be used, but he felt that was certainly not the spot for it. Councilman Kelly stated that if it was not appropriate there on the east side of San Pablo, then it would also not be appropriate across the street on the west side of San Pablo. Councilman Crites responded that the west side was not a park. Mr. Diaz stated that with Council's permission, staff would hold the process on this facility here and come back to the Council with alternate locations to evaluate. Upon question by Councilman Spiegel as to who would pay for this, Mr. Shillcock responded that because of restrictions on the use of our Redevelopment dollars, the City would actually be paying for a goodly percentage of it. He said that in talking with Mr. Ortega, he indicated the Redevelopment dollars have to be spent on bricks and mortar. They cannot be spent on a fleet of vehicles because that can move around. With regard to the former corporation yard, Mr. Shillcock stated that the City had agreed to have a diagnostics center/fuel cell lab at that facility, and he reviewed the report. He explained the "business incubator" concept where local government agencies or institutions 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * of higher education create an in-between step for small businesses that are too large to continue in the garage or back yard workshop but are too small to move out into the real world and into a full-blown employment business operation. The business incubator provides shared overhead within the rent structure, with someone who will answer the phone for all of the tenants within the incubator, shared receiving and shipping facilities, shared forklift, shared copy and fax machines, so individual businesses do not have to purchase or rent all of these things themselves. Then using some standards set in the beginning, whether it is the size of the business or the gross sales or the time they have been there, they are forced to move out into the real world and rent space in a business setting, thus opening up the incubator space to another small business. He noted that this business incubator would use the approximately 5,000 square feet of space that would not be needed by the fuel cell project. Councilman Kelly stated that he would not want the incubator project to jeopardize the fuel cell project. Mr. Shillcock responded that the fuel cell project had top priority and was the anchor for the entire operation. The incubator would be the balance of the space not used by the fuel cell project. Councilman Kelly said he felt the two needed to be kept completely separate. Mr. Shillcock noted that there were a number of incubator facilities in other cities that the Councilmembers could tour if they were interested, including a prize-winning facility in Chula Vista, with others in Lancaster, Ridgecrest, and Santa Ana, etc. Councilmember Benson stated that she would be interested in seeing such a facility before having one at the old corporation yard facility. 2. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers briefly reviewed these projects. With regard to the I-10/Washington project, he stated that bids would be opened on May 14th, with award of the contract by the Board of Supervisors hopefully to be made on June 4th. He added that the I-10/Cook Street project was scheduled to be opened in February 1997. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF PROPOSAL TO UPDATE PERSONNEL ORDINANCE AND REWRITE CITY'S EMPLOYEE MANUAL (Contract No. C11260) Mr. Diaz noted the report in the packets and stated that Mr. Wohlmuth as available to answer any questions. Councilman Crites moved to, by Minute Motion, 1) authorize the Mayor to enter into contract with Best, Best and Krieger to update the City's personnel ordinance and rewrite our employee handbook; 2) appropriate an additional $25,000 in Account #110-4121-411-3015 (C11260). Motion was seconded by Benson and carried by unanimous vote. XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT OF DESIGN CONCEPT FOR THE REMODEL OF THE ADMINISTRATION BUILDING LOBBY (LYNNE CLARK CONTRACT DESIGN COMPANY, CONTRACTOR - C11070), Continued from the Meeting of April 25, 1996. Mrs. Gilligan noted that the contract had previously been approved by the Council with the exception of the flooring. She stated that she, Councilmember Benson, and Councilman Spiegel had visited a home in La Quinta to view the proposed flooring and had determined that it might not be what the City needed for the Administration Lobby. She added that because of that determination, Ms. Roberta Clark and Ms. Judith Lynne would present new proposals for the flooring. Ms. Lynne showed three new tile selections to the City Council and stated they had gone with tile instead of stone. Upon question by Councilman Spiegel, she stated that these tiles had more depth and were made of a stronger substance than stone; therefore, they would hold up very well for the lobby flooring. She added that there would only be 1/8 inch grout between the tiles as opposed to the existing tile which had 1/4 inch. Councilman Kelly moved to, by Minute Motion, approve the Versailles tile. Motion was seconded by Benson and carried by unanimous vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS A. CONSIDERATION OF REQUEST FROM EL PASEO BUSINESS ASSOCIATION FOR THE CITY TO INSTALL PALM TREES ON THE NORTH SIDE OF EL PASEO BETWEEN SAN LUIS REY AND LARKSPUR. Mr. Diaz noted the report and recommendation in the packets. Councilman Kelly moved to, by Minute Motion, approve the City's installation of trees in concert with the El Paseo Business Association commitments. Motion was seconded by Spiegel and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. California Bike Commute Day Councilman Spiegel moved to add this matter to the Agenda for discussion. Motion was seconded by Crites and carried by unanimous vote. Mr. Diaz asked that the Council designate Thursday, May 16, 1996, as California Bike Commute Day in the City of Palm Desert. Councilman Kelly added that he had written a letter as President of SCAG asking that the cities do this. Councilman Spiegel moved to, by Minute Motion, declare Thursday, May 16, 1996, as "California Bike Commute Day" in the City of Palm Desert. Motion was seconded by Crites and carried by unanimous vote. 2. Request for Approval of Funding for Sunline Bus Advertisements. Councilman Spiegel moved to add this matter to the Agenda for discussion. Motion was seconded by Crites and carried by unanimous vote. Councilman Kelly stated that Sunline would be providing three buses for the Olympics in Atlantic City, and this was a great opportunity for the City of Palm Desert to be advertised on the buses. He noted that the request was for $3,000.00. Councilman Spiegel moved to, by Minute Motion, appropriate $3,000 to advertise on Sunline buses going to Atlantic City for the Olympics. Motion was seconded by Crites and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Mr. Diaz stated that he would be meeting with representatives from the Palm Desert Town Center at 9:30 a.m. on Tuesday, May 14, 1996, to discuss the future of the mall. He asked that one or two Councilmembers volunteer to meet with them. Councilmembers Benson and Spiegel volunteered to meet with Mr. Diaz and representatives of the Palm Desert Town Center on Tuesday, May 14, 1996. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time to discuss the following: 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: 4 Mr. Erwin asked that the Council add an item to the Closed Session pursuant to Government Code Section 54956.9(a), existing litigation, Gonzales vs. City of Palm Desert. Councilman Spiegel moved to add this item to the Closed Session. Motion was seconded by Kelly and carried by unanimous vote. C. CITY CLERK Mrs. Gilligan noted the May edition of the Bright Side would be mailed out on Friday, May loth. She commended Environmental Conservation Manager Lisa Constande who produced a brochure with Waste Management explaining the trash pickup program. She added that there was an insert in the newsletter announcing the Summer Concert Series. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Discussion Relative to Park Reservations (Councilman Robert A. Spiegel). Councilman Spiegel stated that he had received complaints from three different Palm Desert residents who indicated that they have come out to the park on Saturdays or call and want to use one of the three picnic pavilions on the weekend but are unable to do so because there is nothing available. He asked that staff look into the possibility of having a policy to make the picnic pavilions available for citizens of Palm Desert until two days before the weekend and then open up reservations for others in the Valley. He also asked that staff look at the possibility of adding more pavilions and barbecues. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Consideration of Request from County Board of Supervisors Relative to Funding. Councilman Crites moved to add this matter to the Agenda for discussion. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Snyder asked that Mr. Ortega explain this request. Mr. Ortega stated that the County of Riverside was asking for assistance in funding some court facilities and would commit to use a portion of their pass - through monies to pay for bonds. Staff recommended using the Financing Authority to issue bonds and that an agreement be entered into with the County that the County authorizes the Redevelopment Agency to forward sufficient monies on a yearly basis to the Financing Authority to refund the bonds. He said the amount the County needed was $6 million net, so the bond issue would be for a greater amount. Staffs recommendation was that all the cost of issuance would be added to the bond so that there is no cost to either the Financing Authority, the Redevelopment Agency, or the City. He said if Council felt this was a good idea, staff would prepare the documents and bring them back for action. He added that the Council would not be approving anything at this time. Upon question by Councilman Kelly, Mr. Ortega responded that the facilities to be funded were in Blythe. Councilman Kelly noted that the City would be helping the County with something not within the City, and he asked where we stand on the disagreement about property tax in Palm Desert Country Club. Mr. Diaz responded that this was one of the areas to be discussed in Closed Session under potential litigation. Councilman Crites moved to continue this matter until after Closed Session. Motion was seconded by Spiegel and carried by unanimous vote. Following Closed Session and just prior to adjournment of the City Council meeting, Councilman Spiegel moved to, by Minute Motion, approve the recommendation of Mr. Ortega and direct staff to prepare a staff report and documents relative to this funding. Motion was seconded by Snyder and carried by a 4-0- 1 vote, with Councilman Crites ABSENT. 3. Councilmember Benson noted that the Children and Youth Committee had recently sent notices asking that cities putting out newsletters include information about the 900 number that lists sex offenders so that parents can check on organizations their children will be attending as far as teachers, etc. Mrs. Gilligan responded that this information could be included in the next Bright Side newsletter. 14 MINUTES - REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Councilman Crites stated that he had a memorandum from the Architectural Review Commission asking the City to initiate some discussions with the College. He asked that this be placed on the next Agenda for a report from the City Manager and City Attorney to see what we can do about this issue. Mr. Diaz recommended that a committee be established composed of two members of the Council and the City Manager to meet with the College. He asked if the Council wished to set that committee up at this meeting. Councilmembers Spiegel and Snyder volunteered to serve on this committee, with Councilman Kelly to be the alternate. o City Council Committee Reports: 1. Presentation of CVB Promotional Video (Councilmember Jean Benson) Councilmember Benson recommended that this video be shown under New Business at the Council meeting of May 23, 1996. 2. Councilmember Benson stated that with regard to the space at the Portola Library building, Big Brothers and Sisters, the Girls Scouts, and the Conservancy were all interested in the space. She said a press release would be put out asking any other interested organizations to come forward. 3. Councilmember Benson noted that both today and tomorrow she was attending the Children and Youth Conference being put on by the County of Riverside. She said there were probably over 350 individuals attending just from Riverside County from all the cities interested in children and youth activities and how we can better serve them. 4. Councilman Kelly noted that Mayor Snyder had accepted the Clean City Award on behalf of the City of Palm Desert. 5. Councilman Kelly stated that he and Councilman Spiegel had attended the loth Anniversary celebration at The Carlotta last Sunday, and the City was presented with a plaque. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS - B MS. GAIL LEEDS, representing an organization called Citizens Wanting Prostitution Eradicated (CWPE), stated that she and Mr. Rutkoff had met with City Attorney Dave Erwin two days ago. She said what needed to be done was to look into having an ordinance to address outcall services. She noted that an incident had occurred yesterday wherein Mr. Rutkoff was at Golds Gym and was threatened that he would be killed if he continued with this effort. This threat came from an owner of a business in the area offering prostitution services. Mayor Snyder noted that the Council could not take action on anything not listed on the Agenda. Mr. Erwin stated that he had indicated to Ms. Leeds and Mr. Rutkoff that he would report to the Council in Closed Session tonight and that the Council would be giving him direction either during this Closed Session or at a future meeting. He said he had also suggested that the incident be reported to the police department. Ms. Leeds responded that it was reported to the Palm Springs Police Department. MR. ANANDO RUTKOFF stated that he would personally be stepping back from this effort due to the threat to his life. Mr. Erwin stated to both Ms. Leeds and Mr. Rutkoff that he wanted it made clear that this City Council has no authority in Palm Springs. With Council concurrence, Mayor Snyder adjourned the meeting at 6:08 p.m. for dinner recess and to consider items noted by the City Attorney for Closed Session. He reconvened the meeting at 7:08 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVI. ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF UNITED WAY PLATINUM AWARD TO THE CITY COUNCIL ON BEHALF OF THE EMPLOYEES OF THE CITY OF PALM DESERT. Mr. Pat Conlon, Director of Building and Safety, presented the award to the City Council, noting that this was the highest award given, and it was for over $100 per capita in donations to the United Way. He added that Palm Desert was the only Coachella Valley city to receive this award. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. APPOINTMENT TO THE ECONOMIC DEVELOPMENT ADVISORY COMM111r.0 TO FILL THE VACANCY CREATED BY THE RESIGNATION OF DAVID ROLSTON. Councilman Spiegel noted that there were different areas of responsibility on the Economic Development Advisory Committee, one of which is hotel management. He noted that Mr. Rolston had resigned from this committee due to his retirement, and Mr. Tim Sullivan was the new General Manager of the Marriott's Desert Springs. Councilmember Benson moved to, by Minute Motion, appoint Mr. Tim Sullivan to the Economic Development Advisory Committee to fill the vacancy created by the resignation of David Rolston. Motion was seconded by Kelly and carried by unanimous vote. C. APPOINTMENI OF BUSINESS COMMUNITY REPRESENTATIVE TO THE AIRLINE SERVICES COMMI 1 1 rh. Councilmember Benson moved to, by Minute Motion, appoint Mr. Tim Sullivan as the business community representative to the Airline Services Committee to fill the vacancy created by the resignation of Mr. David Rolston. Motion was seconded by Spiegel and carried by unanimous vote. XVIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF EXTENSION IN THE TERM OF ORDINANCE NO. 772, SIGN PROVISIONS, RELATED TO SIGNS FOR PEDESTRIAN TRAFFIC, SPECIAL EVENT SIGNS, AND TEMPORARY WINDOW SIGNS, Case No. ZOA 96-1. Mr. Diaz noted the report in the packets and stated that Mr. Drell was available to answer any questions. Councilman Kelly moved to waive further reading and pass Ordinance No. 802 to second reading. Motion was seconded by Spiegel and carried by unanimous vote. XIX. ORAL COMMUNICATIONS - D None 17 MINUTES REGULAR PALM DESERT C1T"Y COUNCIL biu1G MAY 9, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting to Closed Session at 7:15 p.m. Motion was seconded by Kelly and carried by unanimous vote. Mayor Snyder reconvened the meeting at 8:10 p.m. and adjourned to 3:00 p.m. on Thursday, May 23, 1996, for the purpose of discussing the proposed rs rlr ,w ly maintenance ordinance. ATTEST: t,L6& SHEII.A R. GAN, D . CITY OF PALM DESERT, (: WALTER H. SNYDER, MAYOW OR OF COMMUNITY AFFAIRS ORNIA 18