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HomeMy WebLinkAbout1997-05-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:25 p.m. H. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites (arrived at 7:00 p.m.) Councilman Walter H. Snyder Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, 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 Mary P. Gates, Deputy City Clerk M. ORAL COMMUNICATIONS - A MS. BARBARA BOWIE, Principal Librarian, reported on April's statistics for the Palm Desert Library as follows: 25,806 items circulated 11,825 reference questions answered - 39,000 people passed through the front doors 595 new library cards issued 585 children attended 10 youth and family programs MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 83 adults attended 3 adult programs 32 volunteers gave 307 hours of time, not including the "Grandparents 19 "Grandparents" gave 58 hours of time 185 children in the community were read to by the "Grandparents" - 21 new "Grandparents" trained, with 27 on the waiting list for training Kiosk had 683 transactions, more than 26 transactions per day Bike racics have been installed - The walkway between the Community Room patio and the parking lot Screens to cut glare at the circulation desk have been ordered & Books" program on June 3 and 10 is now installed Ms. Bowie reported that she and the City Manager were among the 100 librarians and library supporters chosen by the California State Librarian to attend the California State Library's convocation on providing public library services to California's 21st century population. She said the State Library was planning to conduct five or six forums throughout various regions in the State, and she and the City Manager had requested that one of those forums be held in Palm Desert's Multi - Agency Library. She noted that at that time, the State would sponsor the forum, including providing refreshments, and would provide feedback and invite comments from the community on where the libraries in the State of California should be in the 21st century. Councilman Spiegel noted that he had attended a luncheon earlier that day to honor Palm Desert High School students who had excelled at various academic efforts. A discussion was held at his table relative to whether the students ever used the Palm Desert Library, and one of the students indicated that she did not use the Palm Desert Library but instead used the College Library. When he questioned this, she indicated it was the library at College of Desert. When he asked which side she went to once she enters the Library, she indicated she used the side on the right, and he advised her that that side was really the City's Library. He expressed concern that this interpretation was not unique to this young lady, and he said he felt there needed to be some kind of program that gets the word out to citizens that this is the City Library and that everyone is welcome to use it. Councilmember Benson asked how many of the new library cards were issued to Palm Desert residents, and Ms. Bowie responded that her staff would research how many were Palm Desert residents and that she would then let the Council know the results. MR. ED KIBBEY, representative of the Building Industry Association Desert Chapter, addressed New Business Item D relative to President's Plaza realignment. He said that after discussions with staff he understood that this was a redesign to increase available parking but that the Association's concern was that funds were coming from the new construction tax revenues. He said that while the City's Chapter 3.20 on construction tax was rather broad as to use of these monies, it had always been the industry's understanding that these monies were charged to mitigate the negative impact on the City, and as they understood it, this would mean new construction. He noted that the City had a parking and business area improvement tax, and he felt the money from this account should be spent on parking and redesign of parking areas rather than from the construction tax which should be used for new roads, etc., something that is additional building in the City. He added that he was 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * passing on the concern of the building community that they would like to see the funds they pay in used to mitigate their impact rather than to be used for other purposes wherein the City apparently has a funding vehicle in place that would cover these expenses. MR. MANUEL MITRE, 52-040 Avenida Cortez, La Quinta, spoke as a soccer coach and expressed concern that there was nothing in the community for summer indoor soccer. He asked that the Council consider this. Mayor Kelly stated that this matter would be referred to staff, specifically Planning and Community Development Director Phil Drell. MR. PETE FREESTONE, 72-761 Tamarisk Street, thanked the Council for its quick work in installing the stop sign at Grapevine and Portola Avenue. He noted that he had an opportunity to use the new Cook Street interchange. He felt it was a very nice facility but that he had some concerns with it. He questioned why there were only two lanes of traffic northbound and southbound south of Interstate 10 while there are three lanes of traffic northbound on Varner Road. In addition, he asked why there is such an elaborate traffic signal at Cook Street and Varner Road and said that at this time he could not see that the traffic volume necessitated such a stop light. He said he had used the eastbound off ramp at Cook Street and that the signs were blocked by 18-wheelers. He said there was no indication prior to Ramon Road and Monterey Avenue that the new Cook Street off ramp was now open. He asked if there was any plan to install signs overhead. Mayor Kelly stated that staff had been working with Caltrans on signage. Mr. Freestone expressed concern with the parking lot at the new Lucky store and said he had noticed the "no left turn" sign had been removed from the parking lot exit but that nothing had been done about the median which forces people to turn to the right on Deep Canyon. He questioned why the improvements had not yet been made at Highway 111 and Deep Canyon since the project had been completed since February 20th. He said he had noticed that the new Lucky center had no golf cart parking. Mr. Drell stated that he would check into this and report back to the Council relative to the golf cart parking. Mr. Freestone expressed concern with perpendicular parking in the shopping centers as opposed to angled parking and said people had difficulty parking in these types of spaces. He expressed concern with the handicap parking in the Lucky Center and that some of that parking was further away from the stores than. regular parking spaces. He asked how much longer it would be until the television and telephone wires are undergrounded on Portola. He noted that the Edison undergrounding was completed in December or January but that the television and telephone undergrounding was not yet done. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With Council concurrence, the remainder of the Agenda was suspended at this time in order to consider New Business Item A. See that portion of the Minutes for discussion and action. IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 8, 1997. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 58A, 59 and 60. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Patricia A. Downs and Robert L. Downs for Keedy's Fountain & Grill, 73-633 Highway 111, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by The Vons Companies, Inc. For Von's, 72-675 Highway 111, Palm Desert. Rec: Receive and file. E. MINUTES of Civic Arts Committee Meetings of February 10 and March 10, 1997. Rec: Receive and file. F. MINUTES of Art -In -Public -Places Selection Subcommittee Meetings of January 15, February 19, and March 19, 1997. Rec: Receive and file. G. REQUEST FOR AUTHORIZATION to Record Grant Deeds for Right -of -Way on Cook Street, Gerald Ford Drive, and Frank Sinatra Drive. Rec: By Minute Motion, authorize the recordation of grant deeds for right-of-way on Cook Street, Gerald Ford Drive, and Frank Sinatra Drive. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REQUEST FOREXTENSION OF CONTRACT for Civic Center Park Lagoon Water Quality Management (Contract No. C05135). Rec: Removed for separate discussion under Section VII, Consent Items Held Over. See that section of the Minutes for Council discussion and action. I. REQUEST FOR APPROVAL of Change Order No. 1 for Median Stamped Concrete Installation (Contract No. C12340, Project No. 676-97). Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C12340 in the amount of $8,038.00; 2) authorize the transfer of $1, 890.00 from contingency to base; 3) appropriate $6,148.00 from the Unobligated Year 2000 Fund to the project account #400-4377-433-4001. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids and Proposals for Various Vendor Agreements and Services. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids and proposals for annual vendor agreements. K. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Curb, Gutter, and Cross Gutter Repairs (Contract No. C12830). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. L. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Resurfacing of El Paseo between Portola Avenue and Highway 74 (Contract No. C12840, Project No. 752-97). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the resurfacing of El Paseo between Portola Avenue and Highway 74. M. REQUEST FOR APPROVAL of Purchase of New GIS Computer System. Rec: By Minute Motion, approve $21,500.00 to be used from Data Processing Account No. 110-4190-415-4040 for purchasing a new IBM RS/6000 computer system for use with the City's Geographic Information System (GIS) software and award the bid to Encore Technology (this expenditure is in the Fiscal Year 1996/97 capital budget). 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * N. ' .• J • ; : CCEPTANCE OF WORK for Contract No. C11060 for Signal Modification at Three Locations (Country Club Drive and Oasis Club Drive, Project No. 567; Tamarisk Row Drive, Country Club Drive, and Resorter Blvd., Project No. 575; Country Club Drive and Park Center Drive/Barrington Drive, Project No. 553). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion on the subject contract. O. REQUEST FOR APPROVAL of Five -Year Measure "A" Local Funds Program. Rec: Removed for separate discussion under Section VII, Consent Items Held Over. See that section of the Minutes for Council discussion and action. P. REQUEST FOR APPROVAL of Final Tract Map 28227-1, Sunrise Desert Partners, Applicant (Located in the Undeveloped Southwesterly Portion of the Indian Ridge Country Club Property) . Q. Rec: Waive further reading and adopt Resolution No. 97-39, approving Tract Map 28227-1. REQUEST FOR APPROVAL of Final Tract Map 28450, City of Palm Desert/Palm Desert Redevelopment Agency, Applicant (Located in Section 4, Bounded by Portola Avenue, Frank Sinatra Drive, Cook Street, and Country Club Drive). Rec: Waive further reading and adopt Resolution No. 97-40 approving Tract Map 28450. R. REQUEST FOR APPROVAL of Funding for Ergonomic Assessment by Eisenhower Medical Center. Rec: Removed for separate discussion under Section VII, Consent Items Held Over. See that section of the Minutes for Council discussion and action. S. REQUEST FOR APPROVAL of Amendment to Agreement No. C09240 for Advance and Reimbursement of Administration and Overhead Expenses. Rec: By Minute Motion, adjust an amended agreement for Advance and Reimbursement of Administrative Overhead Expenses and to provide for Regional Economic Development responsibilities of the Agency within the Project Areas. T. CLAIM AGAINST THE CITY (No. 333) by Timothy J. Cullen in the Amount of Approximately $4,000.00. Rec: Removed for separate discussion in Closed Session. See City Attorney Reports & Remarks section of the Minutes for Council discussion and action. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * U. CLAIM AGAINST THE CITY (No. 334) by Mr. and Mrs. Don Wilholm in the Amount of Approximately $2,600.00. Rec: Removed for separate discussion in Closed Session. See City Attorney Reports & Remarks section of the Minutes for Council discussion and action. Councilman Spiegel asked that Items 0 and R be removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Mr. Erwin asked that Item H also be held for separate discussion. Mrs. Gilligan noted that Councilman Crites had asked that the Council also remove Items T and U for discussion in Closed Session. Councilman Snyder moved to, by Minute Motion, remove Items T and U for discussion in Closed Session. Motion was seconded by Spiegel and carried by unanimous vote. Upon motion by Spiegel, second by Snyder, the remainder of the Consent Calendar, with the exception of items held over, was approved by a 4-0-1 vote, with Councilman Crites ABSENT. V. RESOLUTIONS None VI. ORDINANCES For Introduction: None For Adoption; A. ORDINANCE NO. 842 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR REGULATION AND NOISE CONTROL OF PORTABLE POWERED BLOWERS AND ADDING SECTIONS 9.24.020 AND 9.24.075 TO CHAPTER 9 OF CODE OF THE CITY OF PALM DESERT, CALIFORNIA. Mr. Conlon noted that the ordinance in the packets had been revised as a result of the last City Council meeting. He offered to answer any questions. MR PETE FREESTONE, 72-761 Tamarisk, stated that he had a neighbor who had complained that her gardener is a small independent person who sometimes would be unable to get to her home until after 4:00 p.m., and she wondered if there would be repercussions if the gardener used his blower after that time of day. He asked if there would be some kind of leeway in regard to gardeners who work past 3:00 p.m. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Conlon responded that there would be repercussions if gardeners go past the 3:00 p.m. deadline on weekdays for leaf blowers and 5:30 p.m. for other machinery. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 842. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT. B. ORDINANCE NO. 843- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 24.16 TO THE PALM DESERT MUNICIPAL CODE ESTABLISHING STORM WATER MANAGEMENT AND DISCHARGE CONTROLS. Mr. Erwin noted that there were some minor clerical changes to this ordinance but nothing substantive. Councilmember Benson moved to waive further reading and adopt Ordinance No. 843. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Councilman Crites ABSENT. VII. CONSENT ITEMS HELD OVER H. REQUEST FOR EXTENSION OF CONTRACT for Civic Center Park Lagoon Water Quality Management (Contract No. C05135). Mr. Erwin recommended that this be approved with the ability of the City Attorney's office to add a paragraph to the contract naming the City as an additional insured. Councilman Spiegel moved to, by Minute Motion, authorize an extension of the lagoon maintenance contract with Southwest Aquatics in the amount of $11,640 ($970.00 per month), with the ability of the City Attorney's office to add a paragraph to the contract naming the City as an additional insured. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Crites ABSENT. O. REQUEST FORAPPROVAL of Five -Year Measure "A" Local Funds Program. Upon question by Mayor Kelly, Mr. Folkers explained the changes in the list of items attached to the staff report. He noted that whatever Council approves, this needs to be sent to the Riverside County Transportation Commission (RCTC) prior to adoption of the City's budget. Councilman Spiegel and Mayor Kelly asked who had provided staff with the list of projects. Mr. Folkers responded that there had been a meeting with the City Manager, Director of Finance,' and Director of Public Works, and the list was based on their recommendations for the next fiscal year budget. He noted that much of it was taking the previous years' budgets and rolling them over. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly suggested that staff and one or two Councilmembers sit down and discuss these items. Mr. Folkers stated that an option would be to have a committee of two meet with the City Manager, Finance Director, and Public Works Director and if they are satisfied, pass it on. Councilman Spiegel moved to, by Minute Motion, approve the five-year Measure "A" Local Funds Program for the Riverside County Transportation Commission, contingent upon discussion and approval of the five-year Measure "A" Local Funds Program by Mayor Kelly, Councilman Spiegel, the City Manager, and the Public Works Director. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Crites ABSENT. R. REQUEST FOR APPROVAL of Funding for Ergonomic Assessment by Eisenhower Medical Center. Councilman Spiegel stated that while he had no problem with spending the $2,000, he questioned whether there was a chance that this study may show that the City needs to spend $2 million so that no one hurts their wrists. Risk Manager Ken Weller responded that while there may be costs associated with the study, it was more the positioning of people at their desks, etc. Councilman Spiegel moved to, by Minute Motion: 1) Approve the service agreement (Contract No. C12850) with Eisenhower Medical Center for ergonomic assessment, subject to approval by the City Attorney; 2) approve $2,000.00 from the existing budget plus a 10% contingency of $200.00 for a total of $2,200.00. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT. VIII. NEW BUSINESS A. PRESENTATION BY JOHN SCHWARZLOSE AND VINCE DOWNEY ON BEHALF OF THE DESERT SANDS UNIFIED SCHOOL DISTRICT SAFE AND DRUG FREE SCHOOLS ADVISORY COMMI i i mot. MR. JOHN SCHWARZLOSE, President of the Betty Ford Center, stated that he and Palm Desert High School Principal Vince Downey were representing the Desert Sands Unified School District's Chemical Conflict Awareness Network Advisory Board, which was a group of community representatives who assist Desert Sands with the task of implementing the Federal Safe and Drug Free Schools and the California Tobacco Prevention Funds. He said they also oversee the Office of Criminal and Justice Planning Drug Suppression Grant and a small Riverside County Conflict Resolution Grant. He said all of these sources of funding were designed to provide safe and drug -free schools for all of our children. He said they were at this meeting to thank the Palm Desert City Council for its support of this goal. He said by providing Resource Officers to Palm Desert High School and Palm Desert Middle School, the 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Council was making the schools safer and the community a better place to live. He stated that Officer Armando Munoz and Officer Tom Lee had created a bridge between law enforcement and schools which had improved the schools' climate, and all of the staff, parents, and students appreciated their dedication. Palm Desert High School Principal Vince Downey presented plaques of appreciation to Riverside County Sheriff's Deputies Tommy Lee and Armando Munoz, School Resource Officers at Palm Desert Middle School and Palm Desert High School, respectively. He then noted that there would be fund raising dinner celebration at Palm Desert High School at 6:30 p.m. on June 4th to help with the School's new career and college center and purchase computers and other things. B. REQUEST FOR APPROVAL OF A COOPERATIVE AGREEMENT FOR CERTAIN AREA OF THE COUNTY PROJECT AREA NO. 4 ANNEXATION. Mr. Diaz noted the report and recommendation in the packets. Redevelopment Agency Manager David Yrigoyen stated that this was a pass -through agreement for the City to receive its property taxes for the portion of the County Redevelopment Project Area within the City limits. Upon question by Councilman Spiegel relative to what this would amount to dollar -wise, Mr. Yrigoyen responded that the County was currently doing an audit to determine that amount and would let the City know. He added that it might be approximately $50,000 per year. Councilman Spiegel moved to, by Minute Motion, approve the Cooperative Agreement with the County of Riverside, County of Riverside Redevelopment Agency, and City of Palm Desert regarding pass - through of funds from the County Redevelopment Project Area No. 4. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Crites ABSENT. C. CONSIDERATION OF REQUEST FOR DISPLAY OF THE VIETNAM VETERANS MEMORIAL, THE MOVING WALL, AT PALM DESERT CIVIC CENTER PARK FROM SEPTEMBER 23 - OCTOBER 6, 1997. Mr. Diaz noted the report and recommendation in the packets. Ms. Susan Francis and Captain Ron Dye addressed the Council and showed a photo of the piece. Captain Dye noted it would not cost the City anything to have the Memorial displayed. Councilman Spiegel moved to, by Minute Motion: 1) Support the placement of the Vietnam Veterans Memorial, The Moving Wall, at the Palm Desert Civic Center Park from September 23 to October 6, 1997; 2) direct staff to prepare a letter endorsing the Wall's display in the Coachella Valley; and 3) further direct staff to assist with the Wall's placement and ceremonies connected with its presentation. Motion was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Crites ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * — D. REQUEST FOR CONSIDERATION OF PRESIDENT'S PLAZA REALIGNMENT. Mr. Drell reviewed the staff report and noted that Planner Phil Joy was available to answer any questions. Councilman Spiegel noted that earlier in the meeting Mr. Ed Kibbey of the Building Industry Association spoke to the Council and mentioned a parking tax, and he asked if there was such a thing. Mr. Ortega responded that a business improvement area had been created approximately ten years ago, and the money was used for promotion and other things. He added that staff was talking about construction tax revenue in this case. Mr. Drell added that the City also had an assessment district for owners to maintain the parking lots. Upon question by Councilmember Benson relative to the lack of landscaping shown on the plans, Mr. Drell responded that all of the squares shown on the plan were planters and that the City's Arborist was creating new standards for these types of things. He added that staff would come back to Council with the final landscaping and design. Upon question by Mayor Kelly, Mr. Joy responded that this realignment would create 237 additional parking spaces. Mayor Kelly expressed concern with these additional spaces and said it was very convenient to move around in that parking lot currently. He said it seemed the main thing missing in the lot was good landscaping. He said the City had an opportunity to add parking at Portola and Highway 111 adjacent to the east end of Presidents Plaza, and he would hate to see the City make something substandard as far as size of spaces and ability to move around in that lot. Mr. Joy noted that the spaces would be the standard nine -foot width, with a depth of 18' feet. He added that the current spaces were nine feet wide and 18 feet deep. Upon question by Councilman Spiegel relative to distance between aisles, he responded that the aisles would be 24 feet wide which is the same as in other centers. Mr. Drell added that once a design has been agreed upon, staff will come back for authorization to go out to bid for construction. Mayor Kelly asked when construction would begin, assuming the Council approved this in concept. Mr. Joy responded that it was hoped that construction would begin the later part of the summer in order to have it ready by next season. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Snyder moved to, by Minute Motion: 1) Conceptually approve the plan to redesign and landscape President's Plaza; 2) proceed with the design phase of the realignment of President's Plaza by awarding a contract to ASL Consulting Engineers in the amount of $52,995.00 plus a 15 % contingency from construction revenue funds (Contract No. C12860); 3) appropriate $684,560 plus a 20% contingency from unobligated new construction tax revenue. Motion was seconded by Benson. Mr. Erwin noted for the record that Mr. Kibbey of the Building Industry Association had made comments about the use of these funds. He called Council's attention to Section 3.16.040 of the Code which relates to use of the construction tax fund. He said this section indicated the funds were for the acquisition and development of such public facilities as parks, playgrounds, and other public facilities. He said this project would be considered a public facility. Mayor Kelly called for the vote. The motion carried by a 4-0-1 vote, with Councilman Crites ABSENT. E. REQUEST FOR CONSIDERATION OF ROAD AND PARKING LOT IMPROVEMENTS FOR THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA VISITORS' CENTER. Mr. Wohlmuth noted the report in the packets and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to enter into a Memorandum of Understanding with Bureau of Land Management (BLM) to construct road and parking lot improvements at the Santa Rosa Mountains National Scenic Area Visitors' Center (Visitors' Center) and appropriate $25,000.00 from the unallocated general fund to this capital improvement (Contract No. C12870). Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT. Mayor Kelly asked whether this would use brown asphalt, and Mr. Wohlmuth responded that staff would continue to pursue that. F. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers briefly updated the Council on these interchanges. With regard to the I- 10/Washington Street Interchange, he said that 40% of the time had elapsed with 52% of the work complete. With regard to I-10/Cook Street, he noted that approximately 11,000 vehicles per day used the interchange in its first week. He added that the I- 10/Monterey Avenue Interchange had 81 % time elapsed with 75 % of the work complete. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly asked whether staff had a traffic count for Monterey Avenue prior to the opening of the Cook Street Interchange. Mr. Folkers responded that staff would provide this information to the Council. 2. Progress Report on Retail Center Vacancies Mr. Drell reported that the building and grading permits for Saks had been pulled and that this work was underway. He also updated the Council on other areas of the City. 3. Palm Desert's Spring Neighborhood Cleanup Mr. Diaz noted the report in the packets and stated that Environmental Conservation Manager Lisa Constande was available to answer any questions. Councilman Spiegel suggested that staff inform citizens that they can take a tax deduction for donations to the Salvation Army. MR. PETE FREESTONE addressed the Council asked if it would be possible for the news media to provide informationto residents relative to these types of events prior to the day of the cleanup. Mrs. Gilligan responded that the City's newsletters were being delivered to the Post Office the following day for delivery to all citizens and that a brochure was included in that newsletter. Mr. Freestone asked what the City would do about "vultures" that come around in the early morning hours and pick through people's discards. Mr. Wohlmuth responded that the City already has a scavenger ordinance that addresses this problem. 4. First Quarterly Report for Urban Forester Contract Ms. Constande noted the report in the packets and offered to answer any questions. 5. Permanent Closure of Coachella Landfill Ms. Constande noted the report in the packets and offered to answer any questions. 6. Rancho Road Stop Sign Mr. Folkers stated that staff would proceed with installation of this stop control per the recommendation from the Technical Traffic Committee. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. CONTINUED BUSINESS None X. OLD BUSINESS None XI. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of RCTC Regulations and Bylaws. Mayor Kelly noted that at its last meeting, the Council had approved the concept as presented by him and had also directed that a letter be sent to that effect. He asked that the approval be changed to include that any weighted voting have division of the house so that one side or the other could not force an issue. He said when a division of the house is called, each side would have to take a separate vote, and it would have to pass by 50% on each side. He asked that Council modify its approval to indicate that the approval is only with that condition added. Councilman Spiegel moved to, by Minute Motion, change the conceptual approval to include a division of the house for weighted voting. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT. 2. Report from Urban Forester Relative to State of Mesquite Trees in Civic Center Area Mr. Diaz noted that Council had received copies of this report relative to the removal of ten trees from the Civic Center parking lot area which were felt to present the greatest risk to persons or property at this time. He said no Council approval was necessary and that staff just wanted the Council to acknowledge that these 10 trees will be removed. Councilman Spiegel stated that in reading the report, he noted that 55 trees needed to be replaced at a cost of approximately $600.00 per tree. Mr. Clark responded that thinning the canopies would provide a temporary quick fix but that in the long term some of the trees would have to be removed because the root structure was unstable. Councilmember Benson asked whether the trees would have to be destroyed when they are removed or if there was some place they could be placed. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Clark responded that the ten that needed to be taken out now could not be used anywhere else but that staff was looking at the others to see if there were other places they could be put. Council concurred with staffs recommendation as outlined by Mr. Diaz above. B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. Mr. Erwin reported that the Council had, in Closed Session, considered Consent Calendar Items T and U and, by Minute Motion, denied the claims and directed the City Clerk to so notify the claimants. 2) Request for Closed Session Mr. Erwin noted the items listed on the Agenda for Closed Session and asked that Council add an item as follows: Conference with Legal Counsel regarding existing Litigation pursuant to Government Code Section 54956.9(a): Gerald J. Chazan, Inc., A California Corporation; Chazan Construction Company, A California Corporation, v. City of Palm Desert, Case No. Indio 59393 Councilman Spiegel moved to add this item to the Agenda for consideration in Closed Session. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632-RJK 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_ 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CITY CLERK 1. Mrs. Gilligan reported that the Promotion Committee had met and interviewed two agencies for contract and that she would be coming to the Council with a contract. She noted that the Committee had recommended the hiring of the firm Publicity Unlimited. 2. Mrs. Gilligan reported that the Sister Cities Conference had been a success and that she had heard nothing but rave reviews about City staff, particularly Community Arts Manager John Nagus. She thanked everyone who participated in this event. 3. Mrs. Gilligan noted that the artistic wall at the Desert Willow golf course was currently being installed. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: o City Council Committee Reports: 1. Councilmember Benson stated she had spoken with Librarian Barbara Bowie relative to the Library Zone meeting held last week. She said that no final conclusion had been reached as yet but that the committee would do so within the next week and that Ms. Bowie would let the City know of the decision. 2. Councilman Spiegel stated that the City had been invited to have a booth at the International Conference of Shopping Centers to be held at the Marriott's Desert Spring Resort. He said that many businesses important to southern California will be represented at this convention, and if the City is going to have a booth, that decision needs to be made quickly and a request submitted. He said he felt it should include local retail developers, brokers, and management companies so they can have a place to go and talk to people who might want to come into the City. Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT. Councilman Spiegel moved to, by Minute Motion, direct staff to investigate having a booth at the International Conference of Shopping Centers. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSENT. XII. ORAL COMMUNICATIONS - B None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With Council concurrence, Mayor Kelly adjourned the meeting at 5:47 p.m. for Closed Session and dinner. He reconvened the meeting at 7:00 p.m. XBI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIV. ORAL COMMUNICATIONS - C None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF APPOINTMENTS TO CIVIC ARTS COMMITTEE, PROMOTION COMMITTEE, AND POLICE ADVISORY COMMITTEE (Continued from the Meeting of May 8, 1997.) Councilmember Benson moved to continue this matter to the meeting of June 12, 1997. Motion was seconded by Spiegel and carried by unanimous vote. B. PRESENTATION BY PALM DESERT MIDDLE SCHOOL PARENT -TEACHER ORGANIZATION IN APPRECIATION OF THE CITY'S SUPPORT OF THE SCHOOL THROUGH THE MATCHING FUNDS PROGRAM. The Palm Desert Middle School cheerleaders performed several cheers for the Council, and the Band gave a brief presentation to thank the City for its support of the school through the Matching Funds program. Mayor Kelly thanked the students, parents, and teachers and said he felt the world was in good hands with these students. XVI. PUBLIC HEARINGS A. CONSIDERATION OF APPEAL OF A PLANNING COMMISSION DECISION CERTIFYING COMPLIANCE WITH A CONDITIONAL USE PERMIT FOR TWO RESTAURANTS TOTALING 8,000 SQUARE FEET WITHIN A COMMERCIAL COMPLEX AT THE NORTHEAST CORNERS OF PORTOLA AVENUE AND HIGHWAY 111 AND PORTOLA AND ALESSANDRO DRIVE Case No. CUP 91-9, Palm Desert Ace Hardware and Raymond L. Winner, Appellants (Continued from the Meeting of May 8, 1997). Mrs. Gilligan noted that this item had been placed on the Agenda as a Public Hearing in error as the hearing had been closed at the meeting of May 8, 1997. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 22, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz recommended that this matter be continued to the meeting of June 12, 1997, inasmuch as staff was collecting additional data. Councilman Spiegel moved to continue this matter to the meeting of June 12, 1997. Motion was seconded by Benson and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF PURCHASE OF TENPRINTER SYSTEM FOR PALM DESERT SHERIFF'S OFFICE FROM LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM. Mr. Gibson reviewed the staff report and offered to answer any questions. Mayor Kelly declared the public hearing on and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing doscd. Councilman Spiegel moved to, by Minute Motion, approve the request to purchase TENPRINTER System for Palm Desert Sheriff's Office from Block Grant dollars distributed by the U.S. Department of Justice for the purchase of police equipment or overtime for special programs. Motion was seconded by Snyder and carried by unanimous vote. XVII. ORAL COMMUNICATIONS - D None XVIII. ADJOURNMENT Upon motion by Spiegel, second by Snyder, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 7:30 p.m. to Closed Session. He reconvened the meeting at 8:40 p.m. and adjourned to 2:00 p.m. on Tuesday, June 3, 1997, for the purpose of holding a Closed Session. ATTEST: SHEILA R. GILLIGAN, CIT tERK CITY OF PALM DESERT C / RICH'ARD S. KELLY, MAYOR 18