Loading...
HomeMy WebLinkAbout1997-01-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jean M. Benson III. INVOCATION - Mayor Richard S. Kelly 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 Mary P. Gates, Deputy City Clerk John Wohlmuth, ACM/Director of Administrative Services Richard J. Folkers, ACM/Director of Public Works Phil Drell, Director of Community Development Carlos L. Ortega, Redevelopment Agency Executive Director Paul Gibson, City Treasurer/Finance Director Pat Conlon, Director of Building and Safety Paul Shillcock, Economic Development Manager V. _ .ORAL COMMUNICATIONS - A MR. PHI'h FREESTONE, 72-761 Tamarisk Street, Palm Desert, stated that he was present to discuss several items: 1) McCallum Theatre - had questions as to why Bob Hope was not doing something to help this organization since it is the Bob Hope Cultural Center. Questioned the additional $500,000 the Council would be considering after given the Theatre $350,000. Asked why the City paid for an audit. Questioned the McCallum Theatre's ability to pay its top three officials over $200,000 per 1VIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * year and not be able to float its own loan, whether that loan be from the City or an outside entity. Said from the Desert Sun story about the recent audit, it seemed there might be some fraud or embezzlement on the part of former officers. Questioned the McCallum Theatre's signs on the side of the building which were larger than the City's sign ordinance permits. f. 2) Desert Willow Golf Course - felt green fees were too high for Palm Desert residents and that only $35.00 should be charged for prime times, with $25.00 for other times. Feld if the City can give money to the McCallum, it should be able to reduce the green fees for its residents. 3) Council salaries - said he had a problem with this because salaries of four of the Councilmembers, with benefits, works out to approximately $1,200.00 per month. At 40 hours per week, four weeks per month, the pay comes to approximately $7.00 per-Joun not $1.50 per hour as noted in the newspaper. Felt a raise for the Council was not appropriate2t this time and that an appropriate time would be when the Council is going out of office and can vote on what the new Council will receive. 4) Suggested that the Council award $25,000 to each of the families of the two slain Riverside County Deputies. • Mr. Freestone also gave to Mayor Kelly a copy of an article relative to electricity[ rates. MR. JACQUE GRIGRY, 73-416 Little Bend Trail, Palm Desert, expressed concern with the green fees for the Desert Willow golf course and said he felt no one from Palm Desert would be able to afford this. He said he felt the fees should be no more than $35.00 to $40.00. i He added that citizens were really upset and had already come down to City Hall to find out how to recall the Councilmembers. MS. PATTI PATANE addressed the Council relative to the McCallum Theatre and the recent article in the Desert Sun. She stated that if the Council wants to take over the Theatre, it should be done honorably. DR. MARTIN RUSSELL, 987 No. Patencio Road, Palm Springs, stated thatThe had worked for many years to bring children's programs to the Valley, and since the McCallum Theatre opened over 30,000 children had visited the Theatre. He said plans for the McCallum forxhepresent time were more rewarding and ambitious than ever before and that he would hate to set it go down the tubes because of lack of funding. He said the Theatre was very important to - Valley. MR. STEWART WEINER, 73-266 Goldflower, editor of Palm Springs Lifer stated that his magazine supports the arts and felt the McCallum Theatre should be supported. z 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of December 12, 1996, and the Adjourned City Council/Redevelopment Agency Meeting of December 19, 1996. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 37, 37A, 38, and 39. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by R. Ronald Hare for A Thai Gourmet Restaurant, 72-850 El Paseo, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Western Host, Inc. for Sonoma Grill, 74-700 Highway 111, Palm Desert. Rec: Receive and file. E. CLAIM AGAINST THE CITY (#322) by the Estate of Pedro Alvarez, Jr., in the Amount of $15,000,000. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the claimant. F. CLAIM AGAINST THE CITY (#323) by Gladys McMillan and Laurence Bottroff in the Amount of $1,200.00. Rec: By Minute Motion: 1) Deny the claim and refer the claimant to the contractor, E.L. Yeager Construction; and 2) direct the City Clerk to so notify the Claimant. G. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Traffic Signal Repair at Monterey Avenue and San Gorgonio Way (Contract No. C12160). Rec: By Minute Motion: 1) authorize staff to advertise and call for bids for contractor service in an amount not to exceed $15,000; 2) award the contract to the lowest responsible bidder. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REOUEST FOR APPROVAL of Contract for Installation of ADA Assistive Listening Devices for the City Council Chamber (Contract No. C12170). Rec: By Minute Motion, appropriate $1,191.99 plus a 10% contingency for a total of $1,311.19 from the unobligated construction tax fund and award the contract to Allied Communications, Inc., a local contractor. I. REOUEST FOR EXTENSION OF CONTRACT for Service and Rental of Uniforms and Supplies (Contract No. C106111. Rec: By Minute Motion, approve a one-year extension of Contract No. C10610 with L&N Uniform Supply Company for the service and rental of uniforms and supplies. J. REQUE,ST FOR APPROVAL of Change Order No. 1 to Contract No. C10890 - Civic Center HVAC Replacements. Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C10890 in the amount of $1,928.00; 2) authorize the Finance Director to move $1,928.00 from contingency to base contract. K. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C09931 - Landscape Maintenance for Assessment District Zone #5, Cook Street and Country Club Drive. Rec: By Minute Motion, approve Change Order No. 1 to Contract No. C09931 in the amount of $2,400.00. L. RESOLUTION NO. 97-1 - 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 (November 1996). Rec: Waive further reading and adopt. M. INVESTMENT REPORT as of November 30, 1996. Rec: Receive and file. N. REOUEST FOR AUTHORIZATION to Proceed with Gisborne, New 7ealand, Sister City Garden. Rec: By Minute Motion: 1) Authorize staff to advertise and call for bids for the Gisborne, New Zealand, Sister City Garden landscape improvements; 2) appropriate $7,000.00 from the unobligated general fund reserve for the project. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. MINUTES, of the Civic Arts Committee Meetings of October 16 and November 20, 1996. Rec: Receive and file. P. MINUTES, of the Art -In -Public -Places Committee Meetings of October 14 and November 12, 1996. Rec: Receive and file. Q. MINUTES, of Police Advisory Committee Meeting of April 10, 1996. Rec: Receive and file. R. LETTER from Mr. Richard Darling, D.D.S., Requesting Elimination of I eat' Blowers in the City of Palm Desert and a Winter Ban on the Use of Lawn Mowers Prior to 8:00 A.M. Rec: Refer to staff for report and recommendation. S. CONSIDERATION of Request from Riverside County Transportation Commission Requesting the City of Palm Desert's Adoption of a Resolution Approving the Commission's Amendment to the Measure A Expenditure Plan. Rec: Waive further reading and adopt Resolution No. 97-2. T. REOUEST FOR APPROPRIATION of Funds to the City's Newsletter Account for the Publication of a Special Edition of The Bright Side Announcing the Opening of Desert Willow. Rec: By Minute Motion, approve the request and appropriate $5,500.00 to Account No. 110-4417-414-3610. U. CONSIDERATION OF REOUEST by Palm Desert Country Club Association for Reimbursement of Expenses Totaling $3,885.00 Associated with Proposed Sale of Homeowners' Facility (Claim #326). Rec: Discuss in Closed Session (Note: Council in Closed Session approved payment of the amount requested). V. REOUEST FOR APPROVAL of Additignal Traffic Lanes on Portola Avenue. 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. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * W. REOUEST FOR RELEASE of Improvement Security for Tract 27882-1 (Robert Mayer Corp., Applicant). Rec: By Minute Motion, accept the subject improvements as complete and authorize the City Clerk to release the appropriate improvement securities. Mayor Kelly asked that Item V be removed for separate discussion under Section IX,. Consent Items Held Over, of the Agenda. Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VII. RESOLUTIONS None VIII. ORDINANCES For Introduction: None For Adoption: A. 9RDINANCE 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 that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Snyder moved to waive further reading and adopt Ordinance No. 822. Motion was seconded by Benson and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER V. REOUEST FOR APPROVAL of Additional Traffic Lanes on Portola Avenue. , Upon question by Mayor Kelly, Mr. Folkers responded that there would be direction on Portola Avenue, with the parking to be eliminated along the si He noted that there would not be golf cart or bicycle lanes in that area. �lanes in each s of the street. s < 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly stated that his preference was that it remain at one lane near the schools and that it would be more appropriate to have golf cart and bicycle lanes. Mr. Folkers stated that until that morning he would have agreed; however, he had received calls indicating there were problems in the area with the traffic. Staff felt that a program to put in four lanes in that area would be beneficial and more safe. Councilman Crites stated that his request had been to look at Portola from Rutledge to Magnesia Falls north, which is the school side. He said that up to Magnesia Falls is two lanes, and in the mornings there is heavy traffic and people are already treating the road as if it has two lanes even though there is only one. He said he would like to see that situation corrected for this one block on the one side of the street. Councilman Spiegel stated that he would like to take a better look at this situation and suggested it be continued to the next meeting. MR. PETE FREESTONE addressed Council and said there seemed to be a need for two lanes in each direction on Portola Avenue from Alessandro to the Whitewater Wash, not just the section in front of the schools. He said the street was wide enough for two lanes in each direction as far as he could tell. Councilman Spiegel moved to continue this matter to the meeting of January 23, 1997. Motion was seconded by Crites and carried by unanimous vote. X. NEW BUSINESS A. CONSIDERATION OF REOUEST BY THE McCALLUM THEATRE FOR FUNDING IN THE AMOUNT OF $500,000. Mr. Diaz stated that it had always been the Council and Committee's position that the McCallum Theatre is a treasure, and if changes were implemented, he said he was confident the Theatre would remain and continue to be an asset to the entire Valley. He said the Committee's recommendations were as follows: 1) The City would provide a secured loan (security to be to the satisfaction of the City's financial committee) in the amount of $500,000 for a ten-year period at five percent interest per annum, with interest only for the first ten years and then the principal to be paid at the end of ten years. Mr. Diaz stated that these were public funds, and the Committee had never been instructed to look at an outright gift of funds. Instructions from the beginning were to look at an interest bearing loan and for everyone to work together in looking at both operational and fiscal management. He noted the Committee was composed of 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmembers Benson and Spiegel, himself, Director of Community Affairs/City Clerk Sheila Gilligan, and Planning Commission Chairman Jim Ferguson. 2) Upon receipt of an annual fund raising plan as recommended and as being under study by the firm of Caesar and Washburn, the City will review ways of supporting and cooperating with the McCallum Theatre in establishing a Valley -wide committee consisting of representatives from all of the cities and school districts in an attempt to receive grant and provide other school -type programs. The committee would look at the possibility of public/private partnerships and work with the McCallum Theatre, College of the Desert, and other educational institutions. The City staff and Public Works Department would also work with the McCallum in terms of cutting down maintenance costs as far as landscaping and utility usage. MR. TERRY GREEN, 73-424 Silver Moon Trail, Palm Desert, spoke in support of the motion to approve a loan to the McCallum Theatre and said he was a newly appointed Member of the Board and was also Director of Desert Programs for the University of California at Riverside. MR. FREESTONE addressed Council and expressed concern about the percentage rate of the loan being only five percent and said the City would not even break even at that rate. He said he felt the rate should be six to seven percent. He added that he did not have a problem with a loan as long as it is secured. MS. ANTONIA GRAPHOS, 64-854 Saragosa Drive, Palm Springs, spoke as President of the Board of Trustees and Chief Executive Officer of the McCallum Theatre. She thanked the Council for all it has done for the last year for the Theatre. She said with regard to the loan, the issue of security would present certain problems for the McCallum and that Mr. Hoffman would address that issue. MR. WAYNE HOFFMAN, 74-435 Palo Verde Drive, Indian Wells, Vice President of the Board of Trustees for the McCallum, stated that he hoped the Council would consider dropping the requirement of security for the loan. He said that funds that would be available to repay this debt would come not from the Theatre box office but from the continuing support of the individuals the Theatre had been looking to in building the Theatre. He said he hoped other cities would also consider the Theatre an asset and perhaps offer assistance in the future. MR. ANDY CASEY, 73-570 Joshua Tree, said he believed the Theatre had to continue and that if the Desert Sun article cast any negative aspersions at all, they were on the past management, not the present management who he felt seemed more professional in dealing with the problems. He said if Palm Desert was to continue to be a city of culture, he did not think the Council could abandon the Theatre, which is in the City of Palm Desert and is an extremely important part of our city. He added that it might be helpful to put members of the City, be they business people or Councilmembers, on the Board of Directors of the 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * McCallum Theatre, and this might be what is needed to secure the public's trust in the loan not being secured. MS. PATTI PATANE stated that this new administration was coming to the City and begging for money whereas the previous administration did not have to do that. She said she felt it was a mistake to even consider the loan much less consider it without security. Councilmember Benson stated that this had been a long and tedious process to figure what to do about this request. She said everyone knows the value of the McCallum Theatre, and the City has rested on its laurels for ten years. She said the McCallum did not come in for public money at the very beginning, and they probably should have, but it was Mr. Hahn's dream as well as others that this would not happen; however, she said that was hindsight. The Committee's decision in the beginning was to save the summer programs, and that was done with the help of the City of Indian Wells. She said the City had loaned money to the Coachella Valley Mountains Conservancy and to Sunline in the past, and these loans were unsecured. The City also has $1.6 million invested in the Children's Museum with the two cities of Indian Wells and Rancho Mirage. The City of Palm Desert has a history of helping organizations in the City that need it, and Palm Desert has achieved the reputation of being the most wealthy city because of the community itself. She added that she was very much in favor of helping the McCallum Theatre. She said although she understood the dilemma relative to security for the loan, she did not think it was fair to ask for security for a $500,000 loan when the City did not ask for security for the $1.6 million for the Children's Museum. She said she hoped if the Council approved the loan that some of the money would go toward getting professional help in fund raising. Councilman Spiegel stated that the Council was not here to debate prior management versus current management. He said the McCallum was a world -class facility in the Coachella Valley, and there are many reasons to be proud of it. With regard to the loan, the interest rate of five percent was about what the City gets on treasury bills. He said he could not in good faith vote for a loan that is not secured. The McCallum Theatre is in debt in the amount of $3 million, and projections are that it will lose another $600,000 this year. Councilman Crites agreed with Councilman Spiegel relative to debating past management versus current management. He noted that the loan to the Coachella Valley Mountains Conservancy was secured by property. He said that rather than have the Theatre secure the loan, this might be a contribution that an individual or organization could make and someone could choose underwrite or cosign for the loan. He said he did not think we need to have the Theatre sign for it, and one fund raising issue could be to find another organization to cosign for that which tends to the issue of giving the City a certain amount of security and also tends to not having the McCallum have problems with its existing bank, etc. He said he would ask that we see if there is not a way to both have what some of the Councilmembers feel we need and to have what the McCallum Theatre believe it needs, which is not having restrictions in terms of how it currently does its business. He said he felt everyone had confidence in the Theatre and treasured it. He added that this was not the first 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * time the Theatre had come to the City and that past management had come to the City in past years requesting money. He noted that the star outside the front door of the McCallum had the City's name on it because the City made a contribution. He said in the long term what was important was to have Valley -wide support, and he felt it was important to involve the other cities in the Valley. Councilman Snyder said he felt this was something that needed to be done and that he would vote in favor. Mayor Kelly stated that every year in the budget, the City subsidizes the Senior Center, YMCA, etc. He suggested that the Council look at including the McCallum Theatre in its budget next year. He said he felt it should be included in the Cove Commission budget and use the same formula and same percentage as used for the Senior Center, YMCA, etc. He offered to take the lead in presenting this to the Cove Commission. Councilman Spiegel moved to, by Minute Motion, accept the recommendation of the City Manager that the City loan the McCallum Theatre $500,000 at five percent, with the loan to be secured in a fashion acceptable to the Finance Committee. Motion was seconded by Crites. Councilmember Benson expressed concern that this would set a precedent since the City has not asked other organizations for security for loans in the past. She said the City has spent more than $500,000 over the years on the Chamber of Commerce that has not been secured. She felt this would hamper the Board of the McCallum in going out and getting further donations of big money. She said the City wants to help the McCallum go forward in a positive note, and the management has worked diligently to get people in who will work to get this back on its feet. She said she felt this was a way to reach out to the community and say the City is putting its money where its mouth is. She said she could not vote for a secured loan because she did not feel the City was doing its share. Councilman Snyder stated that he also had a problem with a secured loan. Councilman Crites withdrew his second, and the motion died for lack of a second. Councilman Snyder suggested that the Council approve the recommendation of the City Manager except that the loan would be unsecured, and the City would look at including funding for the Theatre through the Cove Commission. Councilmember Benson suggested that the motion also include the recommendation that a portion of the money be used to seek help in fund raising. Councilman Spiegel stated that he would like to have two separate motions. He said he could not vote in favor of an unsecured loan; however, he was in favor of including the McCallum Theatre in the City's budget and taking it to the Cove Commission. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to, by Minute Motion, approve an unsecured loan to the McCallum Theatre in the amount of $500,000 for a ten-year period at five percent interest per annum, with interest only for the first ten years and then the principal to be paid at the end of ten years. Motion was seconded by Benson and carried by a 3-2 vote, with Councilman Crites and Spiegel voting NO. Councilman Snyder moved to, by Minute Motion, approve the second recommendation as outlined by the City Manager, with direction to staff to include this as an annual budget item for the City of Palm Desert and/or the Cove Commission as stated by Mayor Kelly, include the investigation of the approval of the installation of a low monument marquis to be located at the corner of Fred Waring Drive and Monterey Avenue, and recommend to the McCallum Theatre that a portion of the money be used to seek professional help in fund raising. Motion was seconded by Crites and carried by unanimous vote. B. REOUEST FOR APPROVAL OF QUALIFICATIONS AND PROCESSING OF DESERT WILLOW RESORT RESIDENT CARDS. Mayor Kelly explained the process for the Desert Willow Resort resident cards. Councilman Spiegel moved to, by Minute Motion, approve the recommended policy and direct the City Manager to implement same. Motion was seconded by Crites and carried by unanimous vote. Mayor Kelly noted that the Council had received numerous comments relative to the green fees for Desert Willow being too high. He said the fees were considered on a break even basis for the golf course. If the Council wishes to reconsider the fees, he said it needs to be done on the basis that we have set the fees in a way that the City would break even and the Council should consider whether or not it wishes to subsidize the residents. Councilmember Benson said her understanding was that this would be analyzed in three months time. She suggested that the Council stay with its original plan and said she did not think it was a good idea to change the procedure now. Councilman Spiegel agreed with Councilmember Benson but said he felt it was imperative that this information be given to the press so they know what the Council is doing. Mr. Freestone stated he felt $82.50 was a lot to pay, especially for a new course. He suggested that an incentive be offered for the first 90 days for the entire Coachella Valley, not just for Palm Desert residents, and see how many people like the course. Then the fees could be raised. Upon question by Councilman Spiegel, Mayor Kelly said he felt a need to do something before the three months is over because of the many calls he has gotten. He suggested that this matter be discussed by the Desert Willow Committee at its meeting of January 21, 1997, and that the matter be brought back to the Council on January 23, 1997, for consideration. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With Council concurrence, staff was directed to place an item on the January 23, 1997, City Council agenda relative to reconsideration of green fees for Desert Willow. NOTE: THE REMAINDER OF THE CITY COUNCIL AGENDA, WITH THE EXCEPTION OF CITY ATTORNEY REPORTS AND REMARKS, WAS DISCUSSED FOLLOWING THE DINNER RECESS. C. CONSIDERATION OF COMPLIANCE AUDIT OF CITY'S BUSINESS TAX ON RENTAL UNITS. Councilman Crites moved to continue this matter to the meeting of January 23, 1997. Motion was seconded by Spiegel and carried by unanimous vote. D. CONSIDERATION OF SELECTION OF PALM DESERT INDIVIDUAL FOR "LIVING FOR YOUR 90'S" SENIOR INSPIRATION AWARD. Councilman Spiegel moved to, by Minute Motion, approve the recommendation as submitted by Mayor Pro-Tempore Jean Benson in her memorandum dated January 2, 1997, to select Fred Tretta as its 1997 honoree and appropriate $650.00 from the unobligated general reserves to Account No. 110-4110-410- 3125 for the event. Motion was seconded by Snyder and carried by unanimous vote. E. REOUEST FOR APPROVAL OF 22ND YEAR CDBG REPROGRAMMING OF FUNDS TO BENEFIT THE JEAN M. BENSON CHILD CARE CENTER. Councilman Snyder moved to, by Minute Motion: 1) Approve and authorize a transfer, in the amount of $35,000, of the 22nd Year Community Development Block Grant (CDBG) funds from the housing rehabilitation appropriation; 2) approve and authorize the reprogramming of $35,000 of the 22nd Year CDBG funds into the Jean M. Benson Child Care Center program; 3) approve an additional appropriation of additional 22nd Year CDBG funds in the amount of $38,000 to the rehabilitation program. Motion was seconded by Spiegel and carried by unanimous vote. F. REOUEST FOR CONSIDERATION OF PERFORMANCE EVALUATION FOR COUNCIL -APPOINTED OFFICIALS. Councilman Spiegel moved to, by Minute Motion: 1) Initiate the annual evaluation process for Council -appointed officials; 2) set a date for an executive session to discuss performance evaluations with the full City Council. Motion was seconded by Crites and carried by unanimous vote. G. REOUEST FOR APPROVAL OF ADDENDUM TO CONTRACT NO. C10130 WITH ARBOR WEB DEVELOPMENT FOR PROFESSIONAL SERVICES FOR UPGRADE AND MAINTENANCE OF THE CITY'S WEB SITE. Councilman Crites moved to, by Minute Motion, approve Contract No. C10132 and appropriate $10,000 from the unobligated general reserve fund to Account No. 110-4416-414-3215. Motion was seconded by Spiegel and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers gave a brief update of these interchange projects and offered to answer any questions. 2. Progress Report on Retail Center Vacancies Mr. Diaz noted that there would be another meeting with the Palm Desert Town Center on Tuesday. 3. Consideration of Acceptance of Highway 111 and Highway 74 by City of Palm Desert from Cal Trans District 8. Councilman Crites stated that he would like to see this matter brought back at the next meeting. Councilman Spiegel moved to continue this matter to the meeting of January 23, 1997. Motion was seconded by Kelly and carried by unanimous vote. XI. CONTINUED BUSINESS A. REOUEST FOR RATIFICATION OF EL PASEO BUSINESS IMPROVEMENT AREA 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 (Continued from the Meeting of December 12, 1996). Councilman Spiegel moved to continue this matter to the meeting of January 23, 1997. Motion was seconded by Benson and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. OLD BUSINESS NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM AND POSTED 72 HOURS PRIOR TO THE MEETING. A. CONSIDERATION OF THE PURCHASE OF STREET BENCHES FOR EL PASEO. Councilman Spiegel moved to, by Minute Motion, authorize the purchase of 25 street benches for El Paseo from Wausau Tile in Banning, California, as a sole source vendor in an amount not to exceed $12,000 to include delivery to the site location. Motion was seconded by Crites and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin asked that Council add an item to the Closed Session pursuant to Government Code Section 54956.9(a), Palm Desert v. Western Waste. Councilman Spiegel moved to add this item to the Closed Session for discussion. Motion was seconded by Crites and carried by unanimous vote. 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Reauest for Closed Session 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: .3._ Public Employee Performance Appointment pursuant to Section 54957 Title of Position to be Filled: Business Support Manager C. CITY CLERK None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action:, 1. Councilman Spiegel stated that the City's transient occupancy tax (TOT), based on current estimates, would remain about the same as last year - $4.8 million. He said the City of Palm Springs increased its TOT from $6.8 million to $8.2 million, and he asked that an analysis be done as to why staff feels this happened. o City Council Committee Retorts: 1. Councilmember Benson stated that the County Free Library Advisory Committee was meeting at the Multi Agency Library, and anyone interested was invited to attend. Councilman Spiegel added that the meeting was scheduled for 10:00 a.m. on January 16 and that there was a memorandum being sent to the Council regarding this meeting. 2. Councilmember Benson stated that she had a time line for what will be happening with the Children's Museum for the rest of this year. She noted that in February they would be having a steel party and that the building framing would be going up. She added that the Museum was still on schedule to open in November, 1997. 3. Councilman Crites gave staff three recent articles from the Los Angeles Times newspaper to look at relative to metal framed buildings and the welding materials used and the lawsuits that had been filed as a result of earthquakes. Mr. Diaz stated that staff would look into this. 4. Mayor Kelly noted that February 26 was the League of California Cities dinner which would be held in the Multi Agency Library and hosted by the City of Palm Desert. 5. Mayor Kelly stated that he was putting together a trip for Bob Spiegel and the City's traffic people to go to Temecula and look at the speed humps. He said there were several streets in Palm Desert where these might be used and that they were set to control traffic at 35 miles per hour, etc. Councilman Snyder stated that the Council had discussed this at one time and nothing was done because there were insurance problems. He said he would like the City Attorney to look at this issue. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor _Kelly stated that the City of Thousand Oaks had a detailed plan that could be looked at first. Councilman Crites suggested that Councilman Spiegel also look at skateboard parks while he is there. XIV. ORAL COMMUNICATIONS - B None Councilman Crites moved to recess the meeting at 6:06 p.m. for dinner and Closed Session. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Kelly reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION See individual items for Council discussion and action. XVI. ORAL COMMUNICATIONS - C MR. GEORGE MURPHY, 44-599 Sorrento Court, Hidden Palms, expressed concern with the green fees for Desert Willow and asked that the Council relook at the issue and think about Palm Desert residents first. He said he felt the City's investment and the way the Council is going about it represents misfeasance or nonfeasance, and the Council is not representing the people of this community. He questioned the City's investment philosophy to make more money to pay a bigger staff. DR. JOHN COFIELD addressed Council relative to the green fees at Desert Willow and said the people who pay taxes in this community will not be able to play this course. MR. DON THOMPSON stated he was a retired instructor at College of the Desert and taught golf. He said it was difficult to look people in the eye and say golfing is something they should do and then have to tell them they will not be able to play on this municipal course. He said it was not really a municipal course and that it was a resort course that has been built for resort people. He added that the City of Indian Wells had a fee of 35.00 for residents to play golf. Mayor Kelly stated the Council took action during the 4:00 p.m. portion of the meeting to place an item on the agenda for the next Council meeting of January 23, 1997, to reconsider the green fees. MR. LES CLEMMER, 73-661 Haystack, stated he felt spending $20 million on something like this golf course was outrageous and would bankrupt the City. He asked that the Council consider charging $40.00, and then the average person could perhaps play twice as much golf. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. MIKE TRIPLEY, Hidden Palms, stated that there was one section of Deep Canyon near Highway 111 and the new Lucky store that needed to be widened, and he asked if there were plans to do so. Mr. Folkers responded that the street would be widened shortly and that staff would try to get the contract underway in February, with completion in May. MR. BILL HOOPS, 72-678 Pitahaya, addressed Council with concerns about the recent fatal traffic accident at Pitahaya and Highway 74, and he suggested that a traffic signal be installed at this location. He also distributed copies of photographs of that traffic accident. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CALIFORNIANS AGAINST WASTE FOUNDATION "RECYCLING HERO OF THE YEAR" AWARD. Mr. Tom Freeman, Waste Management of the Desert, presented this award to Councilman Buford A. Crites on behalf of Californians Against Waste Foundation. He acknowledged Councilman Crites' support for the recycle and solid waste programs and his leadership in the preservation of the mountains around the Coachella Valley. Councilman Crites stated that he did not feel worthy to do so. He said the City of Palm Desert had a Council that supported these programs and an excellent staff to administer them, and he felt the award should really be presented to the community of Palm Desert. He asked Mayor Kelly to join him at the podium to accept the award on behalf of the City. B. CONSIDERATION OF APPOINTMENTS TO VARIOUS CITY COMMI1 ES/COMMISSIONS. Councilmember Benson reviewed the new procedure for appointments to various City committees and commissions and noted that there were several new committees that would be looked at in January and February, including the newly formed Library Committee and the Housing Advisory Committee. Councilman Crites moved to, by Minute Motion, make the following appointments: 1) Architectural Review Commission - Reappoint Wayne Connor; 2) Art -In -Public -Places Committee - Reappoint Carolyn Miller and leave one seat vacant; 3) Civic Arts Committee - Reappoint Evelyn Bennett, Dianne Funk, Diane Morgan, and Mark Ross, and Appoint Maureen Mendoza and Dale Gribow to new terms; 4) Parks and Recreation Commission - Reappoint Robert Royer and appoint Michelle Bats -O'Donnell; 5) Planning Commission - Reappoint Paul Beaty; 6) Promotion Committee - Reappoint Bill Powers, appoint Arnold Kirschenbaum, and leave one seat vacant; 7) Rent Review Commission - reappoint Robert Coates; 8) Sister City Committee - Appoint Linda Alderman; 9) Housine Advisory Committee - Appoint Carrie Wick; 10) Library Committee - Appoint Catherine Levitt and Gail Paparian. Motion was seconded by Snyder and carried by unanimous vote of the Council. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVIII. PUBLIC HEARINGS _ A. REQUEST FOR CONSIDERATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE. Mr. Gibson reviewed the staff report and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. With Council concurrence, this report was received and filed. B. CONSIDERATION OF AN APPEAL BY DENNIS GODECKE TO A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST BY CAM NEVINS FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT FOR CONSTRUCTION AND OPERATION OF A FUEL STATION/CONVENIENCE STORE WITH SALE OF BEER AND WINE AND ANCILLARY RETAIL USES ON THE C-1 ZONED PROPERTY AT THE NORTHWEST CORNER OF HIGHWAY 111 AND DEEP CANYON ROAD, ALSO KNOWN AS APN 625-095-003 AND 004, Case No. CUP/PP 96-18. Mr. Drell reviewed the staff report, rioting that the project as proposed met all code requirements and as a result of the Architectural Review Commission input exceeded many of the prescribed standards. He stated that both the Architectural Review Commission and Planning Commission had approved the project, although the Architectural Review Commission approval was preliminary only. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. CHRIS McFADDEN, 73-929 Larrea Street, Suite 1A, spoke as the architect for the project and stated that they had tried to mitigate all of the concerns that had been raised and had reduced the square footage of the building. He offered to answer any questions. The following individuals spoke in OPPOSITION to the project because of the following reasons: it would cause a public nuisance, there is no need for another place selling alcohol, too close to both Palm Desert High School and Palm Desert Middle School, increased traffic on Deep Canyon, the gas station will benefit Indian Wells residents rather than Palm Desert residents, increase in undesirable element due to night time activities, there is no need for another gas station in Palm Desert, increased crime rate, drug dealing, decreased property values, and this is a historical site. MR. DENNIS GODECKE, 75-654 Via Serena Street, Indian Wells, owner of the property immediately to the north of the proposed project, stated that he felt City staff had encouraged this project to go forward and that the combination of the Lucky store, a gas station, a video 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * store, and a deli would cause problems. He said the applicant was actually requesting three conditional use permits. He also expressed concern with the vacation of property to the developer and felt the City had enabled the project by vacating the property. He said he felt there was a requirement for the City to show the benefit in order to vacate property. He said the project had been before the Architectural Review Commission seven times. The Commission had a problem with the design of the project and had not approved what was before Council at this time. MR. VICTOR HASLER, 44-179 Elba Court, Palm Desert. MR. HAROLD HOPP, 44-379 Cannes Court, Palm Desert. MR. MEL BENJAMIN, 44-479 Baden Court, Palm Desert, asked that the hours be restricted to 6:00 a.m. to 10:00 p.m. MR. JIM KRIEG, 72-121 Clancy Lane, Rancho Mirage, owner of Country Club Liquor directly across Highway 111 from the proposed project. MS. MARY LOU MILLER, 44-439 Cannes Court, Palm Desert. MR. SCOTT JOHNSON, 45-930 Panorama Drive, Palm Desert. MR. BILL CANADY, Manager of the Holiday Express, 74-675 Highway 111. MR. GEORGE MURPHY, 44-599 Sorrento Court, Palm Desert, stated he felt the Council should require an environmental impact report and that a negative declaration was not sufficient. MS. PAT LANE, 45-670 Dakota Lane, Indian Wells. MS. MARLEA TAYLOR, 78-887 Mountain Hills Drive. MR. CHARLES SLAUGHTER, 44-605 Monacco Circle. DR. CHRISTOPHER LAURENCE, 74-478 Highway 111, a tenant in the existing project that would be torn down. The following individuals spoke in FAVOR of the project: MR. CHRIS NEVINS, 42-695 Kansas Street, Palm Desert, brother of the applicant. MR. TIM BARTLETT, 73-382 Salt Cedar, Palm Desert, stated that the project could go forward even without the vacated land and felt this was not an issue. With regard to the comment that the gas station would benefit Indian Wells residents rather than Palm Desert residents, he noted that current stations in Palm Desert were already serving Indian Wells residents and that they just have to come farther into the City to purchase their fuel. MS. TRUDY NEVINS, 72-815 Davis Road, noted that a petition had been turned in to the City previously with over 500 signatures of citizens in favor of this facility. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. CHRIS McFADDEN, 74-251 DeAnza Way, Palm Desert. MS. COURTNEY LOWE, 74-216 Velardo. MR. CAMERON NEVINS, applicant, said his team had worked very hard to mitigate all of the concerns raised by Mr. Godecke and the adjacent residents. He said they had done a lot of things to keep this facility from being a hangout for kids; i.e., no video arcade would be included. He added that there would always be at least three employees on the property, with more employees at the higher peak hours in the evenings. Mayor Kelly declared the public hearing closed. Upon question by Councilman Spiegel relative to the three conditional use permit issued raised by Mr. Godecke, Mr. Drell responded that technically the City requires a conditional use permit for both gas stations and convenience stores. However, in reality, the two do not occur separately any longer. Councilmember • Benson stated she was very disturbed at the fact that there are so many people at this meeting in opposition to the project; however, she did not see where many of them actually spoke at the Planning Commission meetings. She also was disturbed at the fact that the Council receives a report every month from the Sheriffs Department, and since the Arco went in at Portola and Highway 111 there has never been any report from them that there is a problem. She said this was also a facility that was open 24 hours, and the Council had advised Arco that if there were problems there hours would be cut so that they would close at midnight. She said she did not see anything that would tell her there was mass opposition to the Lucky store without an environmental impact report, and it is only half a block from the Ralph's store in Indian Wells. She noted that she was on the Council when Mr. Godecke came in and asked for his conditional use permit because he wanted his building to be the buffer between the commercial and residential zones, and the Council bent over backwards to accommodate his building in order to have that buffer. She agreed that there is drug abuse out there; however, she said she also knew that kids can get the drugs anywhere in the Valley and even on their school campuses. She said she did not feel this project should be denied and felt the applicant had bent over backwards to mitigate concerns raised. In addition, she felt that corner needed to be cleaned up. Councilman Spiegel said he was not sure whether or not there was a need for another gas station in the City but that there were no gas stations in Indian Wells because they keep them out. With regard to the staff report being misleading, he said he took pride in the City's staff. Although he agreed mistakes are sometimes made, he had never seen staff mislead anyone, and he would hold this staff up to any other staff in any other city in the Coachella Valley. He said he disagreed that this was a historical site. He said he would like to see the corner cleaned up because it is a major entrance to the City. He added that he was not really sure there should be a gas station there but was not sure what else he would recommend. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that he took a certain amount of affront at the suggestion by an opponent that the vote was in and counted before the meeting. He said Mr. Godecke had been in Palm Desert long enough to know that this is not the case and he need not imply this when he knows better. With regard to whether the Architectural Review Commission approved the project, he said the Chair of that commission could be asked that question. With regard to the street vacation issue, he said one of the things the City wants to do is to get rid of that frontage road at that corner, and he felt this would have public benefit as far as getting rid of that corner. With regard to whether there is a need for another gas station, he said a person has a right to develop something in the City and lose money on it as long as they are willing to meet each standard set down for them, and "need" by State law is not something the Council can consider. With regard to the issues of drugs and alcohol, he said the Police Chief and head of the narcotics squad could be asked to come in and tell the Council if there are problems at other similar locations, whether there were things that should be done to make sure there are not problems, and whether drug and alcohol abuse is inherit in these types of facilities. He said he was still concerned with the issue of traffic and the turns into and out of the facility along with the ingress and egress for the Lucky store. He said his concern was that we will end up with the same situation as that on Portola and Highway 111 and end up barricading roads. Mr. Folkers stated that there was a possibility of conflicts in this area, and the analysis that — was done indicated that impacts would be minimal. Councilman Snyder said he found it difficult to tell someone that they cannot do something when they abide by all of the rules and comply with all of the laws. He said one thing that bothered him was that the City had tried for some time to find something good to put on that corner, and he felt this was the best project that had been proposed for the corner. Upon question by Mayor Kelly, Mr. Drell responded that since there is no longer the program with advertising on bus shelters, his understanding was that a shelter would e designed that would fit in with the architecture of the building. Councilmember Benson moved to waive further reading and adopt Resolution No. 96-73 denying the appeal and affirming the action of the Planning Commission. Councilman Crites asked whether there was any support for holding this issue until the Sheriffs Department can provide comments on the issue of alcohol sales and restrictions. He said the people opposed to the project felt that facilities such as this cause these types of problems, and perhaps someone from the Sheriffs Department should come and address that issue. He added that he was not ready to vote for the project at this time. Councilmember Benson stated that if the Council did not have the Sheriffs Department providing reports monthly prior to Council meetings, she might agree with Councilman Crites; however, she said she could see no reason to delay the applicant any more and felt he had been through enough hoops already. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Drell stated that a condition could be placed that the applicant would agree to any security measures suggested by the Sheriffs Department, and a meeting could be set up within the next two weeks to discuss this. Councilman Spiegel stated that the Sheriffs Department should then be advised so that there will be representatives here to give their recommendations. Mr. Diaz added that the street vacation issue could also be included in discussions at the next meeting. Councilmember Benson amended her motion to deny the appeal but to add .a condition that the applicant would agree to security measures suggested by the Sheriff's Department. Motion died for lack of a second. Councilman Spiegel stated he felt this entire matter could wait for two weeks. Councilman Spiegel moved to continue this matter to the meeting of January 23, 1997, to allow the Sheriff's Department to report to Council regarding similar establishments at other locations, whether there are certain things that should be done from a security standpoint in these types of establishments, and whether there are problems with drug and alcohol abuse inherent in these types of facilities. Motion was seconded by Crites. Councilmember Benson stated that she would support the motion because this is Palm Desert's way to do things, and if there are issues that need to be addressed further to make someone happy, she would go along with that. She added that she was satisfied that the Sheriffs Department has kept the Council informed, and she did not see the need for them to come out again. Mayor Kelly called for the vote. The motion carried by unanimous vote of the Council. Mayor Kelly called a five-minute recess at 9:40 p.m. XIX. ORAL COMMUNICATIONS - D None 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XX. ADJOURNMENT Upon motion by Crites, second by Spiegel, and unanimous vote of the Council, Mayor Kelly adjourned the meeting at 10:08 p.m. ATTEST: ST: ) /1\-‘160(--Q-<-7 MARY P. GATES, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA RICHARD S. KELLY, MAYOR 23