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HomeMy WebLinkAbout1996-09-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Snyder convened the meeting at 4:10 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly III. INVOCATION - Councilman Robert A. Spiegel 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 Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, Redevelopment Agency Executive Director Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul Gibson, City Treasurer/Finance Director Lisa Constande, Environmental Conservation Manager Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MS. BARBARA BOWIE, Principal Librarian, provided August circulation statistics, noting the following: - 419 new library card registrations 19,863 items checked out (9,200 more than August of 1995, an increase of 87%) MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * - Volunteer staff reduced to 16 individuals due to vacations, etc. However, there were still 216 hours of volunteer time, and 94 hours donated by one individual alone. MR. LARRY GUZZETTA, General Manager of Brite Lites, addressed Council relative to the recent bid for holiday decorations. He noted that after a series of meetings earlier this year, his company was verbally awarded a contract for the City's decorations for 1996. He said the company then responded to an ambiguous bid sent out by staff for decorations. He asked whether the implied contract existed and whether it was unrealistic for staff to require his firm to submit bids. He said he felt other companies that were part of the bid process failed to follow specific instructions in the bid format such as providing a recommended disposal plan for the 19 trees now owned by the City. He requested that all bids be rejected as presented and that the Council authorize staff to rebid the decorations, with the City's new Community Arts Manager, John Nagus, to handle the process. He added that he felt Mr. Nagus was the most qualified individual to do so. Mr. Diaz noted that this item was on the Agenda under New Business and stated that staff would address the concerns raised by Mr. Guzzetta at such time as this item is considered by Council. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 22, 1996, and the Adjourned Joint Meeting of the City Council, Redevelopment Agency, and Desert Willow Committee of August 27, 1996. Rec: Minutes of August 22, 1996, to be continued to meeting of September 26, 1996. Minutes of August 27, 1996, to be approved. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 16, 17, and 18. Rec: Approve as presented. C. AUTHORIZA ION TO ADVERTISE AND CALL FOR BIDS for the 1996/97 Resurfacing Program (Contract No. C 11820). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the 1996/97 Resurfacing Program. D. AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS for the 1996/97 Drywell/Inlet Program (Contract No. C11830). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the 1996/97 Drywell/Inlet Program. 2 M3 NUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. AUTHORIZATIQN TO ADVERTISE AND CALL FOR BIDS for Pruning and Topping Tamarisk Trees on Merle Drive Between Clifford Street and Rebecca Road. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the pruning and topping of tamarisk trees on Merle Drive between Clifford Street and Rebecca Road. F. RE VEST FOR AWARD OF BID for Civic Center HVAC Replacement (Contract No. C 10890). Rec: By Minute Motion, award the bid to replace five roof mounted HVAC units to Concord Maintenance Services of Rancho Cucamonga in the amount of $49,000 and authorize a fifteen percent contingency in the amount of $7,350.00. G. REQUEST FOR APPROVAL of Subdivision Review Services Contract (Contract No. C11840). 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. H. REO>:JEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee Recommendations for Funding in Accordance with the 1996/97 Budget. Rec: By Minute Motion, approve the Charitable Contributions/Outside Agencies Committee recommendations for funding in accordance with the 1996/97 budget and authorize the Mayor to execute agreements between the City and the following agencies: 1) Palm Desert Middle School PTO (Contract No. C 11850); 2) Washington Charter School PTO (Contract No. C11860). I. SCHEDULE OF INVESTMENTS, as of July 31, 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. J. MINUTES of the Investment & Finance Committee Meeting of July 10, 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. K. REOUEST FOR APPROVAL of Joint Use Agreement between Southern California Edison Company and the City of Palm Desert (Contract No. C11870). 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. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. RESOLUTION NO. 96-5a - A Resolution of the City Council of the City of Palm Desert, California, Amending the Fiscal Year 1995-96 Budget to Provide Additional Appropriations from the Traffic Safety, Gas Tax, and General Funds. Rec: Waive further reading and adopt. Councilman Kelly asked that Item G be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Mr. Folkers also removed Item K, and Councilman Spiegel removed Items I and J for separate discussion under Section IX. Mayor Snyder asked that the Minutes of the Meeting of August 22, 1996, be continued to the meeting of September 26, 1996. Councilman Crites moved to approve the remainder of the Consent Calendar as presented, with the Minutes of August 22, 1996, continued to September 26, 1996. Motion was seconded by Spiegel and carried by unanimous vote. VII. RESOLUTIONS A. RESOLUTION NQ. 96-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A REQUEST BY RICK MURO FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN/CONDITIONAL USE PERMIT AND 18,489 SQUARE FOOT TWO STORY ATHLETIC CLUB IN THE O.P. ZONE AT THE NORTHWEST CORNER OF MONTEREY AVENUE AND FRED WARING DRIVE, Case No. PP/CUP 96-5 (Rick Muro, Applicant). Mr. Diaz noted that this resolution was requested by Council at its meeting of August 22, 1996, and set forth findings for denial of the request. He recommended its adoption. Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-59. Motion was seconded by Benson and carried by unanimous vote. B. RESOLUTION NO. 96-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE ISSUANCE OF TAX ALLOCATION REVENUE BONDS (DESERT ROSE PROJECT), 1996 SERIES A AND 1996 SERIES B BY THE PALM DESERT REDEVELOPMENT AGENCY. Mr. Diaz noted the staff report in the packets and offered to answer any questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 96-60. Motion was seconded by Benson and carried by unanimous vote. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 812 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.101 OF THE MUNICIPAL CODE TO PROVIDE A 40 MILES PER HOUR SPEED LIMIT FOR FRED WARING DRIVE. Mr. Diaz noted that this ordinance was previously introduced by Council, and he recommended its adoption. Councilman Crites moved to waive further reading and adopt Ordinance No. 812. Motion was seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER G. REOUEST FOR APPROVAL of Subdivision Review Services Contract (Contract No. C 11840). Councilman Kelly stated it appeared the individuals doing the work left one company and went to work with another company, and he did not feel it was good business practice to follow employees around if the company itself is doing a good job for the City. Mr. Folkers explained that a temporary City employee, Richard McMahon, who was doing this work was laid off by the City several years ago. He was then hired by NBS/Lowry and performed these services for the City. Due to layoffs by NBS/Lowry, this employee has now been hired by Engineering Resources. Because NBS/Lowry no longer has anyone with the necessary skills on staff, City staff would like to have Richard McMahon continue to provide these services and recommended contracting for same with Engineering Resources. Councilman Spiegel asked what would happen if the Council did not approve this recommendation, and Mr. Folkers responded that someone would have to be hired to do the work. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilmember Benson, Mr. Folkers stated that NBS/Lowry did not have anyone in this area who could provide these services. Councilman Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to enter into a contract with Engineering Resources of Hemet in the amount of $30,000.00 for subdivision review services; 2) authorize the appropriation of $30,000.00 for subdivision review services by Engineering Resources. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilman Kelly voting NO. I. 5CHEDUL1r OF INVESTMENTS as of July 31, 1996. Councilman Spiegel stated that he had noted that the City's portfolio yield from investments was down from last year at this time (from 5.9% to 5.7%). He asked the Finance Director to tell him the negative impacts on the income of the City on an annual basis and asked if he would rather wait until the next meeting to provide this information. Mr. Gibson stated that if Mr. Spiegel was asking for exact dollar amounts, he would prefer to wait until the next meeting as he did not have them with him at this time. Councilman Spiegel moved to receive and file this report. Motion was seconded by Kelly and carried by unanimous vote. J. MINUTES of the Investment & Finance Committee Meeting of July 10, 1996. Councilman Spiegel stated he had noticed that one of the items noted in the Minutes was an award presentation to the City for its investment policy by the Municipal Treasurers Association, and he congratulated staff for its efforts. He also questioned the status of the Palm Desert Water & Services District. Mr. Gibson responded that there were several matters pending before the assets and liabilities can be turned over to the Coachella Valley Water District. He said the audit had not yet been completed, and there was also a matter of potential litigation that needed to be discussed. He added that it should be complete within one to two months. Councilman Spiegel moved to receive and file these minutes. Motion was seconded by Kelly and carried by unanimous vote. K. J EOUEST FOR APPROVAL of Joint Use Agreement between Southern California Edison Company and the City of Palm Desert (Contract No. C 118701. Rec: By Minute Motion, authorize the Mayor to execute the Joint Use Agreement between Southern California Edison Company and the City of Palm Desert. Mr. Folkers asked that this matter be pulled at this time. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to approve staffs request to pull this matter indefinitely. Motion was seconded by Spiegel and carried by unanimous vote. Upon question by Councilman Kelly, Mr. Folkers stated that this was for property on Country Club Drive. X. NEW BUSINESS A. REOUEST FOR REVIEW AND SELECTION OF HOLIDAY DISPLAY PROPOSALS (Contract No. C11880). Mr. Diaz noted the report in the packets as well as a memorandum addressing some of the issues raised by Mr. Guzzetta in his materials submitted to the Council. Councilman Crites stated that there had been issues raised about the perception of an oral contract, and he asked the City Attorney if it might be appropriate for the Council, after staffs report and public testimony, to adjourn to Closed Session to discuss some of these issues before taking action. Mr. Erwin responded that it might be appropriate but that it would be brief. Mr. Tom Bassler, Senior Management Analyst, reviewed the staff report outlining what has occurred over a period of time with this matter. He showed samples of holiday decorations brought by bidders Harrington and Dekra Lites. He reviewed the different proposals submitted and stated that all three companies responded to the bid package with a variety of proposals. He added that it appeared the other companies did not have any problems interpreting the bid package as presented and that there were specific things spelled out and others that were in more general terms to allow the companies to be creative. He also reviewed the summary recap of the proposals cost -wise. Councilman Spiegel asked when staff planned to have the decorations installed, and Mr. Bassler responded that the timeframe was to have them installed just after Thanksgiving and taken down just after the new year. He added that Council needed to decide between the traditional garland type of decoration or the flitter type, and he said they would be installed at 12 main intersections along Highway 111 in the City. Councilman Spiegel asked whether staff had considered looking at one signature display for the entire City, such as a wreath with a red ribbon. Mr. Bassler stated that four designs were chosen as having the most appeal, including a candle, wreath, french horn, and bell. He added that Dekra Lite had also presented a poinsettia as a substitute for the wreath because they felt the wreath was not very attractive. Councilman Kelly asked who was on the committee, and Mr. Bassler responded that he, Mrs. Gilligan, and Councilmember Benson had met and selected the designs. Councilman Kelly asked what the Committee's recommendation was and said he felt the Council should have 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * such a recommendation, and Mr. Bassler responded that the members had not made a recommendation. Councilman Crites stated that he would vote for the traditional garland, not flitter, but that designs with the traditional garland and a touch of flitter would also be acceptable. Councilman Spiegel stated that he would like to have one design selected for the entire City, and he felt the wreath would be most traditional. Councilmember Benson stated that the one design concept was discussed but that it was felt it would be better to have different designs. She added that the City of Palm Springs uses just one design, and the committee felt it would be more outstanding to have several designs at each intersection. Mr. Bassler added that each of the poles would be wrapped with gold garland. Councilman Kelly stated that he would prefer to have different designs on the poles as opposed to just one design throughout the City. Mrs. Gilligan suggested that Council continue this matter for two weeks to allow staff and the committee to meet and review Council's comments and then to come back with a more definitive recommendation. MR. LARRY GUZZETTA addressed the Council stated that he had met with staff and was assured there was sufficient time to reject the bids and readvertise. He added that October 15 to November 23 was more than adequate time for his company to make 48 items, and he asked that Council allow him an opportunity to clarify the circumstances. He said he would like to design a traditional look that would be special for the City, and he cautioned that the term not be extended beyond three years because the decorations would become dull due to the sun and the dirt particles in the air. Councilman Crites moved to continue this matter to the meeting of September 26, 1996, and discuss matters of legal import in Closed Session. Motion was seconded by Spiegel and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF SPEED ZONE STUDIES ON VARIOUS CITY STREETS. Mr. Folkers reviewed the staff report and recommendation. Councilman Spiegel moved to: 1) Waive further reading and pass Ordinance No. 814 to second reading, rescinding Ordinance No. 663 and re-establishing a 35 miles per hour speed zone on El Paseo, west of Highway 74; 2) waive further reading and pass Ordinance No. $L to second reading, rescinding Ordinance No. 663 and re-establishing a 35 miles per hour speed zone on Magnesia Falls Drive from Portola Avenue to Deep Canyon Road; 3) waive further reading and pass Ordinance No. 816 to second reading, reducing the speed limit from 55 miles per hour to 50 miles per hour on Dinah Shore Drive from the westerly City limit to Monterey Avenue based on the Engineering and Traffic Study prepared by the City of Rancho Mirage. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSTAINING. C. REQUEST FOR CONSIDERATION OF TRAFFIC MITIGATION ON HOVLEY LANE EAST BETWEEN WATER WAY AND ELDORADO DRIVE. Mr. Diaz noted the staff report in the packets. Councilman Crites moved to, by Minute Motion: 1) Determine that turn pockets as well as widening should be completed for eastbound Hovley Lane East at three locations entering subdivisions as soon as possible; 2) direct staff to develop a plan in conjunction with the City of Indian Wells and Sunrise Company to shift the traffic farther south and provide improved visibility and safety. Upon question by Councilmember Benson, Mr. Folkers explained that sidewalk and housing in this area was only along the north side. He said sidewalk was recently completed to the west, and students can walk all the way from Portola on sidewalks. Councilman Spiegel seconded the motion, and it carried by unanimous vote. Mr. Diaz added that staff will be back to the Council if anything goes awry on this. D. CONSIDERATION OF REQUEST FROM COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR FUNDING. Mr. Diaz noted the letter in the packets sent to him from the Coachella Valley Economic Partnership requesting funding. MR. JON HEIMERMAN addressed Council on behalf of the Coachella Valley Economic Partnership and stated that they were requesting $5,000 from each of the cities in the Valley. Councilman Crites expressed concern with information in the brochure and said he was offended by the statement about the Coachella Valley sitting atop a vast underground lake and 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that adequate water supply thus existed for even the largest industrial or commercial user. He said it looks like we have water to waste, and we do not. He added that the Valley did not sit on top of a lake and that it was lucky to have the water it does. He stated that he felt the brochure needed work before he would want his city to be represented. Mr. Heimerman stated that he understood Councilman Crites' concerns. He said the brochure was approximately two years old and needed to be updated. He said they would take Councilman Crites' remarks into consideration and would look to Economic Development Manager Paul Shillcock for guidance in this matter. Councilman Spiegel stated that the letter indicated a brochure was included which detailed the mission, objectives, and function of this organization in the community. He said he did not see that in the packets and would like to have that information. Mr. Heimerman responded that he would be sure to get this information to the Council. Councilman Kelly stated that it seemed this group had been working hard, and he felt every city should help in this effort. He commended Mr. Heimerman for the work that had been done in the past several years. Councilman Kelly moved to, by Minute Motion, approve funding for the Coachella Valley Economic Partnership for one year in the amount of $5,000.00 and appropriate said funds from the unobligated General Reserve fund. Councilman Benson seconded the motion and stated that she agreed with Councilman Kelly that this was a small amount of money for what they are trying to accomplish. Motion carried by unanimous vote. E. INFORMATIONAL ITEMS: 1. Report from Sheriff's Department. Captain Steve Bloomquist reported on the Sheriff s Department budget, noting that the 8% increase planned for the last fiscal year did not come to pass. Instead, it was a 4 % decrease, and this resulted in 12 % that was not spent. He stated they had all but one position filled, and they planned to have that vacancy filled by January. He noted the Department was starting a substation in the Palm Desert Town Center just east of Robinson's May on the bottom floor where the toy store was previously located. Councilman Kelly suggested that a five-year plan be considered to determine the numbers of officers, etc. that will be needed. Captain Bloomquist responded that he would have such a plan to the Council in December. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Report Relative to Power Outage of August 10, 1996. Risk Manager Ken Weller reviewed the functions of an Emergency Operations Center (EOC) and offered to answer any questions. Mr. Diaz stated he felt it was important to have a surprise exercise where everyone would have to cancel anything else they had going on in order to respond to the exercise. He said he felt this was the only way to really assess staffs response to an emergency situation. Councilman Spiegel expressed concern with being able to get in touch with City staff in an emergency; i.e., during the Idyllwild fire he heard on the radio that people were leaving Idyllwild and evacuating to Palm Desert High School, but he was unable to find any staff who knew what was happening. Mr. Diaz stated that from now on the Councilmembers will be contacted whenever there is any type of emergency situation. 3. Coachella Valley Solid Waste Management Authority Joint Powers Authority. Mr. Wohlmuth reviewed the memorandum in the packets and stated that staff was currently looking into other MRF options as directed by the Council at the last meeting. Councilman Crites commented that the CVAG Energy and Environment Committee sent a policy recommendation to the City Managers for a meeting on Friday and then on to the Executive Committee dealing with getting a mechanism on line to deal with unfunded closure liability of County landfills. As long as we stay within the County for depositing our landfill needs for the next eight years, current mechanisms will tend to it. If we don't and choose for example to go to Arizona or somewhere else, we will have to set up, as a city or a JPA, a mechanism to pay to the County whatever we would have been paying within the County tipping fee as that component that goes over seven years to pay off the backlog of unfunded liability for closure, post -closure, and remediation, and all of those kinds of things. He added if either Eagle Mountain or El Sabrante come on board, a portion of the fees coming to them as host fees from landfill materials with their origin outside the County will be used to help pay for post -closure costs, etc. He added that the County's current calculation was that out of CVAG cities, the City of Palm Desert had approximately 17% of that responsibility, based on current tonnage. He noted that he had a copy of what was passed which had five items, and he stated that we were approximately $8 to $9 million in the hole right now for closure costs County -wide, and it would be about a nine-year process to pay it off. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated that the Council might wish to have a meeting down the line with the County and have them actually brief the Council on this issue. He said he felt it was important for the Council to participate with an open mind and study the options available. 4. 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 status of these interchanges. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. F. REOUEST FOR APPROVAL OF CONTRACT FOR PART TIME SPECIAL EVENTS COORDINATOR (Contract No. C11910). Mr. Wohlmuth reviewed the staff report, noting that the interview panel had selected the firm of Creative Spirit Enterprises for this contract. He stated that the Director of Community Affairs would be coordinating the contract and that staff recommended approval in an amount not to exceed $32,500. Councilman Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to enter into a contract with Creative Spirit Enterprises in an amount not to exceed $32,500; 2) appropriate $32,500 from the unobligated general fund reserve to Account #110-4111-410-3090. Motion was seconded by Crites and carried by unanimous vote. XI. CONTINUED BUSINESS None XH. OLD BUSINESS A. CONSIDERATION OF APPROVAL OF A CHANGE OF ZONE FROM PC(4) RESORT COMMERCIAL TO PC(2) DISTRICT COMMERCIAL AND APPROVAL OF A PRECISE PLAN OF DESIGN FOR A 9200 SQUARE FOOT RETAIL COMMERCIAL CENTER ON THE NORTH SIDE OF HIGHWAY 111 APPROXIMATELY 505 FEET EAST OF DFF.P CANYON ROAD, LOCATED BETWEEN THE NEW LUCKY SITE AND EMBASSY SUITES, Case Nos. C/Z 96-4 and PP 96-6 (Real Property Associates, Applicant). Mr. Drell noted the report in the packets. He stated that staff did not have the correct elevations before the Council at its last meeting. They were now included, and staff recommended approval. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson expressed concern with the number of trees for the property line screening and noted that the staff report indicated there would be 16 trees while the landscape drawings indicated 19 trees. Mr. Drell stated that 16 trees would be adequate. Mr. Diaz added that Landscape Specialist Eric Johnson would be asked to look at this to see if 16 trees would be sufficient. Councilman Crites expressed concern with the east elevation and the possibility that the same thing that happened with the Marshall's center would happen here -- that five years from now we will have just a few bare trees with very few leaves on them. He asked if the applicant had a copy of what this would look like without the trees. A representative for the applicant stated that he had drawings in his car that showed the rear elevation without trees. Mr. Drell added that there is a six-foot wall right behind the building. Mr. Robert stated that in answer to Councilmember Benson's concerns, their plan indicates there will be 19 trees, and that was their goal. He said he did not have a picture of what the trees would look like and would suggest that this be deferred to Mr. Eric John to explain that. He said he had worked closely with the Architectural Review Commission because it had concerns with the rear elevation, and these new elevations are what they came up with. Upon question by Councilmember Benson relative to the Highway 111 loading space, Mr. Robert stated that this was generally for light delivery trucks such as UPS or FedEx. He added that there would not be loading and unloading of the larger eighteen wheeler trucks. Upon question by Councilman Crites, Mr. Robert stated that they had at least three potential leases of the stores at this time. Councilman Spiegel moved to: 1) Waive further reading and adopt Ordinance No. Ill, approving C/Z 96-4; 2) waive further reading and adopt Resolution No. 96-57 approving PP 96-6. Motion was seconded by Kelly and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Mr. Diaz noted that the City had received an award from the Municipal Treasurers' Association and a Certificate of Excellence for its investment policy. On behalf of the entire City Council, Mayor Snyder complimented staff for the good job they are doing. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Mr. Diaz noted that Mr. Folkers had received an award as chair of the California Traffic Control Devices Committee for 1994/95. 3. Consideration of Substitution of Subcontractor for Monterey Avenue All -Weather Bridge at the Whitewater Channel (Project No. 696-95, Contract No. C09700). Mr. Folkers stated that this item had come up after the Agenda was posted. Councilman Crites moved to add this item to the Agenda as one which came up after the Agenda was posted. Motion was seconded by Snyder and carried by unanimous vote of the Council. Mr. Folkers reviewed the staff report and recommendation. Councilman Spiegel moved to, by Minute Motion, approve the substitution of Southwest "V" Ditch, Inc. as the subcontractor to replace E.L. Yeager to perform the concrete slope protection for this project. Motion was seconded by Crites and carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin noted the items listed on the Agenda for Closed Session. He also asked that the Council add an item pursuant to Government Code Section 54956.9(c) and stated he chose not to disclose the subject of same until the Council was in Closed Session. Councilman Crites moved to add an item to the Closed Session pursuant to Government Code Section 54956.9(c), Initiation of Litigation. Motion was seconded by Kelly and carried by unanimous vote. 1) Report and Action on Items from Closed Session Made at This Meeting. None 2) RQuest 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 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: a_ 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 x Terms of Payment Public Employee Performance Evaluation pursuant to Section 54957 Title of Position: 1) Risk Manager; 2) Director of Code Compliance C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. consideratioq of Letter from Congressman Ernest J. Istook, Jr., Relative to the Interior Appropriations Bill (Councilman Buford A. Crites). Councilman Crites suggested that the Mayor be asked to send a letter in support of this concept. Councilman Kelly moved to, by Minute Motion, ask the Mayor to send a letter in support of this concept. Motion was seconded by Spiegel and carried by unanimous vote. 2. Consideration of Letter from Mr. Gary Tryon Relative to Sound Tests for the Parking Lot Behind Ruth's Chris and Tsing Tao Restaurants (Councilman Buford A. Crites). Councilman Crites stated that Mr. Tryon and a neighbor had come to him today and said that doing sound tests in October would not obtain a good reading and asked that it wait until December or January. He said he had advised them that if they were willing to wait until that time, it would be okay with the Council. Councilman Kelly moved to, by Minute Motion, approve the request by Mr. Gary Tryon to delay the sound tests until December or January. Motion was seconded by Spiegel and carried by unanimous vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Councilman Crites suggested that staff place an informational item on the Agenda for the next several months relative to a progress report on where we are in terms of backfilling for the Lucky's Store, Marshall's Center, and Palm Desert Town Center. Council concurred. 4. Request for Consideration of the Purchase of Trees for the 1996 Holiday Festival of Music. Councilman Kelly noted that this item had come up after the Agenda was posted, and he asked that it be added. Councilman Crites moved to add this item to the Agenda as one which came up after the Agenda was posted. Motion was seconded by Spiegel and carried by unanimous vote. Councilman Kelly distributed copies of a staff report requesting Council approval of the purchase of two trees to be placed on either side of the Civic Center Park Amphitheater for the 1996 Holiday Festival of Music. Councilman Crites moved to, by Minute Motion, approve the purchase of two trees ("Pinus Mondale") to be planted at the Civic Center Park Amphitheater in an amount not to exceed $2,000.00 and appropriate said funds from the unobligated General Reserve Fund. Motion was seconded by Spiegel and carried by unanimous vote. 5. Councilman Spiegel stated that at the last Council meeting the City Manager discussed reviewing the definition of Office Professional in the zoning ordinance. He said he would like to see that accomplished. Mr. Diaz responded that the report was being prepared and would be presented at the next Council meeting. 6. Councilman Spiegel stated that he would like the City to relook at the streets around the College of the Desert that were closed because people were concerned with traffic from the College and the Swap Meet. Councilman Kelly added that there were other ways to mitigate those concerns and make it convenient for the people who live there to get in and out. o City Council Committee Reports: 1. Councilman Crites advised Mr. Gibson that next week he would be writing a check to the City from the Coachella Valley Mountains Conservancy in the amount of approximately $73,000 to pay the City back with interest. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Councilman Kelly presented to the Council an award which he had accepted on behalf of the City of Palm Desert at a recent Parks & Recreation Commission meeting. He stated that the award was presented by the City of Palm Springs to the City of Palm Desert for its cooperation and support of the 7th Annual Senior Softball World Series hosted September 29 to October 8, 1995. 3. Councilman Kelly stated that on Friday, September 13, 1996, the City and the Webb -Burger Foundation were hosting 36 students from the Art Center College of Design who would be doing the project approved by the Council. He said this semester each student would be spending between 500 and 800 hours doing a design for a car that would be put onto a golf cart frame. The City was the sponsoring organization, and the winner's design would be built by Schatz Energy through the fuel cell program. He invited members of the Council to have lunch on Friday with these students. 4. Councilmember Benson stated that she had attended a regional meeting at the Foundation for the Retarded recently from their parent funding organization from Ontario, where their main office is located. She said the Foundation received outstanding compliments on the programs they have. She said it was encouraging to know they have about 160 clients who go to the Foundation every month, and 33 of them are out working in the community in places like the Marriott, Stouffer's Esmeralda, Carl's Jr., McDonalds, Buffs Pets, etc. She added that several were out living in apartments of their own. She added that the Foundation had come a long way in helping those students that need it, and the Director they have now seems to be very well liked and innovative. XIV. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XV. PUBLIC HEARINGS None XVI. ORAL COMMUNICATIONS - B None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING br r it i4BER 12, 1996 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Councilman Crites moved to adjourn to Closed Session at 5:55 p.m., said Closed Session to immediately follow the Redevelopment Agency meeting. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Snyder reconvened the meeting at 7:23 p.m. and immediately adjourned with no action announced from Closed Session. iII4J4 WALTER H. SNYDER, MA'OR ATTEST: `4,1 SHEII.A R. PICI4GAN / DIRECTOR OF CO AFFAIRS/CITY CLERK 18