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HomeMy WebLinkAbout1998-02-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson III. INVOCATION - Mayor Pro-Tempore Robert A. Spiegel IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Jean M. Benson Excused Absence: Mayor Pro-Tempore Robert A. Spiegel Also Present: Richard J. Folkers, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, RDA Executive Director Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul Gibson, Finance Director/City Treasurer Lisa Constande, Environmental Conservation Manager Joe Gaugush, Engineering Manager Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A Mayor Benson stated that there might be residents in the audience who wished to speak relative to the school district boundaries. She said this issue was not scheduled on the Agenda for discussion at this meeting and that anyone wishing to speak to the issue should do so at this time. MR. JOE BATOK, 73-500 Woodward Drive, commended the Council for pursuing the matter of school district boundaries with the Palm Springs Unified School District. He said he and his family had moved to Palm Desert during the summer from Cathedral City and had hoped to attend a local MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 *****s************************************************* school. However, because of the overcrowding at Carter Elementary School, it was not possible for all three of his children to attend the same school. He said he hoped the Council would continue to pursue this matter. He noted he had attended the Palm Springs Unified School District Board meeting recently, and to hear them talk, it was as if they held all of the cards and as if the Palm Desert City Council was being unreasonable in what it was asking. He added that the residents of Kaufman & Broad would pursue the matter on their own in other ways as advised and that they had a meeting the following week with the City Manager. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 22, 1998. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 37, 39, 40 and 38PD Office Complex, 41PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#352) by George Sullivan in an Amount in Excess of $10,000.00. Rec: By Minute Motion: 1) Deny the claim and refer the Claimant to Caltrans; 2) direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Chevron Stations Inc. for Chevron, 72801 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ko Kitty for Gold Phoenix Chinese Restaurant, 72655 Highway 111, B6, Palm Desert. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Arai Masao and Arai Stella Sonha for Musashi Japanese Restaurant, 72785 Highway 111, B4, Palm Desert. Rec: Receive and file. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Station Operators Inc. for Mobile Oil, 78005 Country Club Drive, Palm Desert. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Underground Electrical Conduit (Contract No. C13970). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids to install underground conduit for a street light installation at Portola Avenue and Grapevine Street. I. REQUEST FOR APPROVAL of Change Order No. 2 to Contract for Gerald Ford Drive Extension (Contract No. C13230, Project No. 677-97). Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $4,334.73; 2) authorize the transfer of $4,334.73 from contingency to base. I. REQUEST FOR APPROVAL of Notice of Completion for Civic Center Dog Park (Contract No. C13220). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion of the subject contract. K. REQUEST FOR APPROVAL of Notice of Completion for Traffic Signal at Highway 74 and Haystack Road (Contract No. C12950). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion of the subject contract. L. REQUEST FOR APPROVAL of Notice of Completion for Landscaping Along Elkhorn Trail and Fred Waring Drive (Contract No. C10621, Project. No. 697-97). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion of the subject contract. M. REQUEST FOR APPROVAL of Fourth Quarterly Report for the Urban Forester Contract. Rec: By Minute Motion, approve the fourth quarterly report for the Urban Forester Contract (Contract No. C12090). N. MINUTES of the Palm Desert Golf Course Committee dated December 9, 1997. Rec: Approve as presented. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. RESOLUTION NO. 98-9 - 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 (December 1997). Rec: Waive further reading and adopt. P. REQUEST FOR APPROVAL of Beer Concession for SpringFest '98. Rec: By Minute Motion, permit the sale, possession and consumption of alcoholic beverages on City -owned property in connection with a special event, SpringFest, scheduled to be held April 19, 1998. Q. CONSIDERATION OF REQUEST from F1 Paseo Business Association for Use of A Shopper Hopper and Approval of Lighting for the Second Annual Art & Wine Tour of El Paseo. Rec: By Minute Motion, approve the request from the El Paseo Business Association to fund the use of a second Shopper Hopper and kleig lights for a cost not to exceed $1, 300 for use in the second annual fund raising event, Art & Wine Tour of El Paseo, to be held on Friday, March 6, 1998. R. REQUEST FOR APPROVAL, of Out of State Travel. Rec: By Minute Motion, approve the request and authorize the expenditure of $1,500 for travel to Scottsdale, Arizona, by three members of the Library Promotion Committee, the Mayor, and the Director of Community Affairs, on Wednesday, February 18, 1998. S. REQUEST FOR APPROVAL of Parcel Map 28596. (Applicant: Schmid Investments, L.P.) Rec: Waive further reading and adopt Resolution No. 98-10 approving Parcel Map 28596. T. REQUEST FOR AUTHORIZATION to Release of Grading Improvement Security (Tract 27709-1). (Applicant: BIGHORN Development, L.P.) Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security. U. PORTFOLIO MASTER SUMMARY for the Month of December 1997. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. REQUEST FOR CONSIDERATION of Annual Review of the City of Palm Desert Investment Policy. Rec: 1) By Minute Motion; approve the Palm Desert Investment Policy; 2) waive further reading and adopt Resolution No. 98-11 adopting the City of Palm Desert Investment Policy. Upon motion by Kelly, second the Crites, the Consent Calendar was approved as presented by unanimous vote of the City Council. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS A. gF„SOLUTION NO. 98-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING FORECLOSURE ACTIONS AND APPROVING SPECIAL COUNSEL AGREEMENT. (Continued from the meeting of January 22, 1998.) Mr. Folkers stated that Finance Director Paul Gibson had prepared a report which was quite extensive and covered the matter well. He said unless Council had any questions, staff would recommend adoption of the resolution. Councilman Ferguson stated that he was under the impression that this was continued in its identical form from the previous Council meeting. He said he had suggested that he thought the unit billing structure was wholly inappropriate. He noted he was supposed to get some additional information to Mr. Gibson which he was unable to do until the day before the Council meeting. This information suggested that the fees as proposed were about double what they should be for this type of work. As he understood it, Mr. Gibson was to get back to these people who were amenable to amending their fee structure, and this was not reflected in the agreement. He said he was not sure action would be appropriate at this time. Mr. Gibson stated that the agreement had not yet been changed. He suggested that the matter be continued to the next meeting so that he could have an opportunity to discuss the matter with the appropriate people and hopefully negotiate a better rate. Councilman Crites moved to continue this matter to the meeting of February 26, 1998. Motion was seconded by Ferguson and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. RESOLUTION NO. 98-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1997-98 BUDGET AS -- A RESULT OF MID -YEAR ADJUSTMENTS. Mr. Gibson reviewed the staff report and offered to answer any questions. Councilman Ferguson stated that as he understood the staff report, we are adding $1,578,000 on the revenue side and $272,100 on the expense side. Mr. Gibson agreed. Councilman Kelly asked if this included the Community Affairs Specialist position. Mr. Gibson responded that this was included. He noted that when the original budget was approved, it included $30,000 for a Special Events Coordinator contract position. Staff was recommending that a portion of that $30,000 be transferred to a full-time position in the Department of Community Affairs. He noted that the Director of Community Affairs had prepared a report reflecting what that position would be. Councilman Kelly asked whether by approving the revised mid -year budget the Council would also be approving the Community Affairs Specialist position. Mr. Gibson responded that the Council might also have to adopt an additional resolution to approve the job description but that the budget for the position would be approved by the adoption of the resolution for mid -year adjustments. Mrs. Gilligan noted that the recommendation in her staff report was that the Council, by Minute Motion, create the position and direct staff to include it in the list of classified positions which would be done by amending the current resolution and adding that position, and this resolution should be before the Council at its next meeting. Councilman Ferguson asked whether the salary for this newly created position was reflected in the mid -year budget adjustments. Mr. Gibson responded that it was included. Mayor Benson asked whether this would also approve the two part-time Library positions, and Mr. Gibson responded that it was included. Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 98-12 amending the Fiscal Year 1997-98 budget for mid -year adjustments; 2) by Minute Motion, approve funding in the amount of $18,000 to the County of Riverside to cover the cost of two 20-hour per week contracts for a Volunteer Coordinator and a Special Events Coordinator for the Palm Desert Library; 3) by Minute Motion, create the position of Community Affairs Specialist at the specified salary range and direct staff to add it to the list of classified positions. Motion was seconded by Ferguson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. RESOLUTION NO. 98-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1997-98 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS FOR DESERT WILLOW. Mr. Gibson stated that Greg Lindquist of Kemper was available to answer any questions. He noted a modification as a result of the Golf Course Committee's review of the amendments to the budget. He stated that Alternative No. 1 on the Resolution Exhibit had been modified. He said the memo sent to him indicated the cost was for the full year, and to adjust it correctly, the salaries for the golf course on Alternative No. 1 should be lowered to $92,880, Golf Course Maintenance would remain the same at $31,200, and Capital Outlay would remain the same at $108,585, for a total of $232,665 for Alternative No. 1. Mr. Greg Lindquist, General Manager of Desert Willow, stated he was available to answer any questions. Councilman Ferguson stated that it would have been helpful for the Council to have a staff report indicating that the Golf Course Committee recommended that the Council go with Alternative No. 1 and that Alternative No. 1 was designed to address the desertscape maintenance issues as well as the golf course maintenance issues in time to coincide with our request for bids on hotels, which period ends on June 30, 1998. Councilman Kelly stated that it was underestimated the amount of effort it would take to keep desertscape in the shape it should be kept. He said also a factor there was the fact that the resident rates were lowered and it was known at that time that it would make it a little more difficult as far as revenues were concerned. Mayor Benson questioned the comment in the staff report that staff was not making any recommendation on the "pristine" desert palette which would require loaning additional funds to Desert Willow. Mr. Gibson stated that the staff report was prepared prior to the Golf Course Committee meeting, and staff did not want to make a recommendation until after the Committee reviewed it. He said part of the recommendation would be to loan additional funds to Desert Willow. Upon question by Mayor Benson, Mr. Ferguson responded that the Golf Course Committee was unanimous in recommending Alternative No. 1. He said he felt perhaps the driving reason was two -fold: 1) the need to immediately address problems in the desertscape in order to keep the course in a condition that would attract the type of hotel investment that the City is looking for over the next four to five months; 2) at the beginning the next fiscal year, we can address directly why there was a maintenance miscalculation in terms of the number of people it would take to maintain the desertscape and adjust between the City and the golf course operator who should bear that cost. He said in the short run there was an immediate need to get the desertscape cleaned up and taken care of in order to coincide with this marketing period for hotel investment. He said the point was made by himself and others that with the proforma 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * calculations on transient occupancy and sales tax flowing from those hotels over the next 30 years, a difference in the quality of hotel we get in the next four to five months could translate into a $50 million to $100 million difference over the long run, so there was a need to make the short-term loan, get it cleaned up, go back and find out how it happened, and make the adjustment during the next fiscal year. Councilman Crites stated that he would like to hear a report about what has happened there because work in other areas has shown that desertscape has ended up being cheaper to maintain and here it is ending up the opposite. He said he felt this was due in part to issues that are not the desertscape but are other issues such as golf carts driving across the desertscape instead of going down to the turnouts. Councilman Kelly stated that this was a constant battle and there were things being considered for the second golf course that would try to prevent this from happening. He noted that additional turnouts were planned to help this situation. Councilman Crites stated that he would like to be involved at some point in a real discussion about what has happened out there. Councilman Kelly responded that because of Councilman Crites' interest in desert landscape, the Committee wanted to be sure to have him included in such discussions. He also noted that the Golf Course had not yet been open a year, and there was a lot of traffic through there. Councilman Crites stated that another issue as far as he was concerned was in estimating revenues and not including reductions due to weather problems. He said there should be a way to obtain meteorological data that indicates an average of the number of weekends and weekdays which have certain types of weather which would cause lesser play on the golf course. He said he knew it would not be accurate but that it should be included as much as possible. Mr. Lindquist stated that these were the kinds of things that would be factored in to the 1998/99 budget figures based on the first year of operations of the golf course. Mayor Benson stated that she would vote in favor of Alternative No. 1 if it is not adding another quarter of a million dollars to the contract next year. She said she was in favor of keeping the golf course looking nice. Councilman Kelly moved to waive further reading and adopt Resolution No. 98-13 including Alternative No. 1 as outlined by staff. Motion was seconded by Ferguson and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 867 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A SENIOR HOUSING DEVELOPMENT AGREEMENT RELATING TO AFFORDABLE HOUSING REQUIREMENTS FOR A PROPOSED 20 UNIT SENIOR ASSISTED LIVING COMPLEX AT THE SOUTHEAST CORNER OF SAN CARLOS AVENUE AND CATALINA WAY. (CASE NO. DA 97-3) (Continued from the meeting of January 22, 1998.) Mr. Erwin stated that this item had been continued from the last meeting because there was no signed agreement at that time. He noted that the signed agreement still had not been received, and he recommended that the matter be removed from the Agenda. He added that when and if the signed agreement is received, the matter could be placed back on the Agenda for action. Councilman Crites moved to TABLE this matter indefinitely. Motion was seconded by Ferguson — and carried by unanimous vote. X. NEW BUSINESS A. CONSIDERATION OF REQUEST FROM THE BUILDING INDUSTRY ASSOCIATION DESERT CHAPTER FOR SUPPORT OF ITS POSITION REGARDING DISTRICT DEMANDS FOR PAYMENT OF MITIGATION FEES THAT EXCEED THE LIMIT IMPOSED BY THE STATE OF CALIFORNIA. Mr. Folkers recommended that this matter be referred to staff for report and recommendation. Councilman Crites stated that he had spoken with Ed Kibbey about this matter. He noted that with regard to both this item and New Business Item B, he would feel more comfortable in voting on either of these two items and future similar items if the Council had information on both the pros and cons of these issues. He said this would at least give the different points of view an equal opportunity. He said with regard to this particular issue, the Building Industry Association felt this decision needed to be published; however, if staff were to contact the California School Board Association, there might be a very different point of view. He stated that when he asked Mr. Kibbey about this, he indicated this was not breaking new ground in terms of school assessments and that it was simply reaffirming what had already been affirmed by previous court decisions and asking that this one be published for use as precedent. He said he would defer to his Council colleague as a member of the Bar to see whether or not this was indeed breaking new ground. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson stated that any time you're changing law in the State of California with a published opinion, you're breaking new ground. He agreed with Councilman Crites and said if he is going to decide something, he is required to make a fording of fact, and he cannot do that unless he has the pros and cons. In addition, he said when he is asked to make recommendations on resolutions that affect other governmental agencies other than the City of Palm Desert, he does not have the time to go out and research the issue and would rather spend his time working on issues that affect the City of Palm Desert. He said he would like to have the pros and cons included in the packet so that he can quickly make a decision and not spend a lot of time worrying about the Federal government instead of the City government. He said he knew the BIA was directly affected in the City of Palm Desert and that the League of California Cities and the City of Palm Desert work closely together; however, this is talking about State matters. He added that he understood that Councilman Crites gave fairly clear direction last time that these should not be put on the Agenda without countervailing arguments. He noted that he would abstain from voting on these two matters. Councilman Crites stated that with regard to the next item, the Council packet includes the League's synopsis of what the initiative does, but the Council does not even have a copy of the initiative itself. Councilman Crites moved to continue this matter to the meeting of February 26, 1998. Motion was seconded by Ferguson and carried by unanimous vote. B. CONSIDERATION OF REQUEST FROM THE LEAGUE OF CALIFORNIA CITIES FOR SUPPORT OF A PROPOSED CONSTITUTIONAL AMENDMENT TO PRESERVE LOCAL VOTER CONTROL AND PROTECT LOCAL GOVERNMENT FROM FURTHER STATE TAKEAWAYS AND ADDITIONAL UNFUNDED MANDATES. See discussion under New Business Item A. Councilman Crites moved to continue this matter to the meeting of February 26, 1998. Motion was seconded by Ferguson and carried by unanimous vote. C. REQUEST FOR APPROVAL OF CHAMBER OF COMMERCE REQUEST FOR BUSINESS ATTRACTION EFFORT SUPPORT. Mr. Folkers noted the report in the packets from Economic Development Manager Paul Shillcock. Councilman Crites moved to, by Minute Motion, approve financial support for the proposed Chamber of Commerce business attraction effort, and appropriate $7,200.00 from unobligated general fund to cover costs. Motion was seconded by Ferguson and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR APPROVAL OF FORMATION OF LA PALOMA II LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT. Mr. Folkers noted the report in the packets. Upon question by Mayor Benson, Senior Management Analyst Tom Bassler stated that the La Paloma II subdivision was located on Hovley Lane West between Monterey and Portola Avenues. Councilman Crites stated that this would set the assessment district process in motion and allow people an opportunity to appear at public hearings in favor of or in opposition to the district. Mr. Bassler agreed and stated that there were no residents and that the one developer was petitioning for the district. Mayor Benson asked whether the assessment district would be included in the CC&R's for the development, and Mr. Bassler responded that it would show on all the title reports so purchasers of the properties would know about the assessment district and would have to sign off that they know about it. Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 98-14 to initiate proceedings for the formation, levy and collection of assessments, and annexation into the consolidated district; 2) waive further reading and adopt Resolution No. 98-15 for preliminary approval of the engineer's report; 3) waive further reading and adopt Resolution No. 98-16 declaring intention to form the La Paloma II District; levy and collection of assessments; annexation into the consolidated district; and calling property owner protest proceedings. Motion was seconded by Crites and carried by unanimous vote. E. REQUEST FOR APPROVAL OF LEFT TURN PROHIBITION AT THE INTERSECTION OF HOVLEY LANE EAST AND KANSAS STREET. Mr. Folkers noted that a letter had been received from Marilyn Hamlet, President of the Palm Desert Country Club Association. He said staff recommended that the matter be continued to the meeting of March 12, 1998, so that the Association can send letters to its residents. Councilman Kelly moved to continue this matter to the meeting of March 12, 1998. Motion was seconded by Crites and carried by unanimous vote. F. REQUEST FOR AWARD OF CONTRACT FOR THE SIGNAL AND STREET IMPROVEMENTS AT PORTOLA AVENUE AND HOVLEY LANE EAST (Contract No. C12610, Project No. 638-97). Mr. Folkers noted the report in the packets and stated that Senior Engineering Manager Joe Gaugush was available to answer any questions. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, award Contract No. C12610 to Cooley Construction for the signal and street improvements at Portola Avenue and Hovley Lane East in the amount of $259,901 plus a ten percent contingency of $25,990.10, and authorize the Mayor to execute the agreement. Motion was seconded by Crites and carried by unanimous vote. G. REQUEST FOR APPROVAL OF FUNDING FOR THE PRODUCTION OF A LOCAL CRIME PREVENTION PROGRAM BY THE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT PUBLIC INFORMATION OFFICE. Mr. Folkers noted the report in the packets. He stated that during the Police Briefing earlier in the day, Captain Lingle indicated that this was part of the Department's efforts to provide more information to citizens as well as to do a better job in fighting crime. He said staff s recommendation was to approve this funding. Councilman Kelly asked whether this was something that would benefit the entire cove communities area and stated that, if so, perhaps the Public Safety Commission should actually be dealing with it. Sheriff's Department Public Information Officer Mark Wasserman addressed the Council and stated that this was something that the Sheriff's Department would like to explore. He said they would initially like to target the City of Palm Desert with not only crime prevention issues but other issues that come up from time to time, such as an area that is experiencing particular crime. He said while the main focus would be the City of Palm Desert, he would like to also approach the Cove Commission with the idea of going to the other cities and using them as well. Councilman Ferguson stated that he had met with Mr. Wasserman earlier in the week, and the suggestion was that this show was being put together on public safety in general but that there was a focus he would like to take with the City of Palm Desert and with criminal activity that is not unique to Palm Desert but was important in Palm Desert, such as residential burglaries, petty thefts at retail, reenacting how certain crimes are committed in order to give people a better understanding of how to safeguard their homes, etc. He said this would be tied specifically to Palm Desert and not to just the greater goal of fighting crime. Councilman Kelly stated that a report should be made at the next Cove Commission meeting so that other cities are aware of this. He said they would probably want to help finance this. Councilman Ferguson moved to, by Minute Motion, approve the request and appropriate $5,000 from the Unobligated Reserve for a Palm Desert specific production of the Crime Prevention Program to be aired on Channel 10. Motion was seconded by Kelly and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. INFORMATIONAL ITEMS 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Monterey Avenue Mr. Folkers stated that the I-10/Washington Street interchange was moving along, with April as the intended completion date. He stated that the Council had been given a package prepared by Transportation Engineer Mark Greenwood showing the volumes of traffic generated by the new interchanges. Mr. Greenwood reviewed the report and offered to answer any questions. Councilman Kelly stated that he felt this was really good information and that the Council would like to be kept informed of how everything is going. 2. Progress Report on Retail Center Vacancies Mr. Drell noted a report in the packets from Business Support Manager Ruth Ann Moore relative to a recent Arizona scouting trip. He added that an item to be discussed in Closed Session was very promising but still confidential information regarding potential leasing of some of the City's major vacant spaces. Ms. Moore reviewed her report, noting that five Arizona cities were reviewed during this five- day tour: Phoenix, Scottsdale, Prescott, Sedona, and Jerome. She said she walked through seven to ten centers and four downtown areas, walking into or past approximately 300 to 400 stores. She said she concentrated on the high -end level stores for the tour for El Paseo and the Gardens, and the report to the Council included a list of potential tenants. Mayor Benson asked what type of information was left with these stores. Ms. Moore stated that she had information with her relative to the City of Palm Desert and that she mainly found the contacts for the stores and tried to determine whether they had additional locations which would make them more viable tenants to bring to the area since they already had their setup in distribution, payroll, management, etc. She said many times she dealt with store managers versus dealing with store owners. 3. Progress Report on Utility Deregulation Mr. Folkers stated that there was no report at this time. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE:'1'HIE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. I. RECONSIDERATION OF SECOND SPONSORSHIP OF A DISCOVERY CHANNEL SPECIAL "THE MAKING OF A GOLF COURSE". Mr. Folkers stated that staffs recommendation was that the Council, by Minute Motion, approve a second video segment for City promotional purposes and appropriate $9,800 from the unobligated fund reserves, said approval contingent upon concurrence of the Promotion Committee at its meeting of February 17, 1998. Mayor Benson stated that she had received a letter the previous day from Park West stating they cannot financially participate. Mrs. Gilligan noted that Golf Dimensions was participating, while Park West would not. Councilman Kelly stated that it was his understanding that the City would get something else for this additional $9,800. Mrs. Gilligan stated that when this was before the Council at a prior meeting as well as before the Promotion Committee, it was discussed as just raw footage that would be used for production of "The Making of a Golf Course" video; however, since then the producer of this program had offered the City an opportunity to come in and shoot all aspects of the City (the Public Art program, other development, the Golf Course, etc.) which could be used as an economic development tool. She said it would become a finished product and would not be just the raw footage that could be taken and used in other videos in the future. She noted that the Golf Course Committee saw it as a good tool for the promotion of the Golf Course in terms of hotel sites and taking it to the different hotels. When the Promotion Committee looked at it, they did not see it as having any benefit for promotion because it was just going to be raw footage of a developing golf course. The Golf Course Committee subsequently voted on Monday to go with the second sponsorship which would provide the City with a seven -minute economic development video, which could be used in all aspects of the City promotion, with a stipulation that it be taken to the Promotion Committee for concurrence. She said if the Council approved this, it would be taken to the Promotion Committee on February 17th for that group's concurrence. Councilman Kelly stated that this video could be used for things such as the Business Support Manager's trip to Arizona and could be given to potential tenants to view. Councilman Ferguson stated that people who are interested in bidding on a hotel site in Palm Desert might like to see a little bit about the Golf Course and where they would be building their hotel as well as some economic data about the community. He noted that he pointed out at the last meeting that the last economic development video the City did was about eight years 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ago, and $28,000 was spent. He said this was a very inexpensive way to pick up a very useful, timely item in connection with the hotel marketing program for Desert Willow. Councilman Crites moved to, by Minute Motion, approve a second video segment for City promotional purposes and appropriate $9,800 from the unobligated fund reserves, said approval contingent upon concurrence of the Promotion Committee at its meeting of February 17, 1998. Motion was seconded by Ferguson and carried by unanimous vote. Councilman Crites stated that this was not an endorsement but was the idea of the Promotion Committee making a decision on it. . XI. CONTINUED BUSINESS A. REQUEST FORAPPROVAL OF THE COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUMS OF UNDERSTANDING (TWO) AND REALLOCATION OF FUNDS. (Continued from the Meeting of January 22, 1998.) Mr. Folkers noted the report in the packets and stated that Management Analyst Ray Janes was available to answer any questions. Councilman Kelly moved to, by Minute Motion: 1) Approve Memorandums of Understanding with — the Palm Desert Home Improvement Program and Nightengale Manor Homeless Shelter; 2) approve the reallocation of block grant funds per a request made by the Family YMCA of the Desert. Motion was seconded by Ferguson and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF CHIP SEALING OF THE ACCESS ROAD AND PARKING LOT AT THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA VISITORS' CENTER. Councilman Kelly moved to, by Minute Motion, allocate $9,000 from the unobligated general fund for the chip sealing of the access road and parking lot at the Santa Rosa Mountains National Scenic Area Visitor's Center. Motion was seconded by Benson and carried by unanimous vote. B. STATUS REPORT ON NEIGHBORHOOD TRAFFIC CONTROL PROJECT. Transportation Engineer Mark Greenwood reviewed the staff report, noting that generally positive comments had been received relative to the DeAnza Way traffic circle. He said the Palm Dell Estates closures had stimulated quite a bit of discussion, and several petitions had been received subsequent to the original petition to close the streets. He offered to answer any questions. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Benson asked what time limit the Council had put on the Acacia Drive closure, and Mr. Greenwood responded that it was a 90-day trial period which would expire in early April. Councilman Crites stated he felt it was important to let both those residents opposed to the closures and those in favor of it know when the time period is over so that they have an opportunity to come down and make comments to the Council. Mr. Greenwood responded that this would be done and that staff had telephone numbers and addresses to contact them. Councilman Ferguson asked what was being done about people who are driving around the barricades. Mr. Greenwood stated that staff had added more barricades and was considering staking them down or chaining them together to make them harder to move. Councilman Ferguson stated that one of the callers was of the opinion that KMIR does not appreciate the barricades, and Mr. Greenwood responded that this was correct. Councilman Kelly asked what was going to be done since there were a lot of people opposed. Mr. Greenwood responded that staff planned to continue the 90-day trial and see whether the opinion shifts after that 90 days. Councilman Ferguson stated he suspected this would happen. He said it sounds great on paper, but when people have to physically drive around a normal route, they get a different perspective on things. He asked whether staff had any numbers on how many people originally supported it and who now oppose it. Mr. Greenwood stated that in the Council packets was a subsequent petition from the proponents of the closure where a great number of them (30 to 35 of the original 50) were able to be contacted and signed it affirming their support. He said there were other petitions in opposition. Councilman Ferguson asked whether it was Mr. Greenwood's recommendation that we need an additional 60 days to make them fully appreciate what the City is done or if there would be any benefit to getting everyone back together and deciding whether or not to make this permanent. Mr. Greenwood stated that staffs recommendation was to follow through with the original decision for the 90-trial. Mayor Benson stated that several of the comments were to move the barricades to the north, and she asked if staff had considered doing this. Mr. Greenwood responded that there was one alternative to try moving the barricade further north on Acacia that would ease the access for the Desert Pointe Apartments and provide the neighborhood with some access to Fred Waring. He said the negative side of that was that it would allow a route through the neighborhood. He said he had spoken with several of the residents in the neighborhood, and it was their desire to continue as is for a little while longer 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * before trying another alternative; however, he was under the impression that they would consider that alternative if that is what the Council wishes to do. Mayor Benson stated that she felt during the 90 days it should be possible to try the different alternatives to see if one is better than the other. Councilman Crites stated that this came to the Council with a lotof discussion from staff. Now the Council is hearing the other side. He said if you read through the petition, there are a lot of people who are favorable to the road closures. He said he felt the Council should make sure this is given enough time to be looked at by those both in favor and opposed. He said another thing to note is that a lot of the opposition is not from people who live in the area but from people who go through the neighborhood, who "prefer alternatives to crowded corners". He said the Council needs to weigh at some point the relative importance of different people's needs, between residents and those people who are going to and from different areas. He said there were also people who own businesses in this area who are unhappy with the closure because people cannot get to the businesses from the back, etc. He added that he did not feel the Council needed to hurry to undo this because there are people who are not happy, and the Council knew before going in that there were people opposed. He said if it is undone in 30 days, there will be people who are unhappy because the Council did not give it the time it said it would have. Councilman Ferguson stated that his comments were not to suggest that the time be shortened; however, along the same lines as Mayor Benson's comments, he said he viewed this as a 90- day window to experiment with different alternatives and see what works and then make a decision at the end of that 90-day period whether to do it at all. He suggested placing this matter on the next Agenda for a mid-90-day period review to see if other altematives might work. He said he did not think it was necessary to wait another two months to experiment if we can do it now. He said he felt six weeks was. ample time for the residents to know whether they like the barricade north or south of its current position. He said he was all in favor of using the 90-day period but perhaps experiment with some of the alternatives if that is the will of the residents in the area. Councilman Kelly stated he did not see why we should wait the entire 90 days if we find out what we need to in less time than that. Mayor Benson stated she would like to take the suggestion to move the barricade north and try that for another 30 days to see what kind of comments come from that. Mr. Folkers stated that staff could let the people know this is what will be done. Councilman Crites stated he did not have any objection to that. Councilman Ferguson agreed as long as staff is experimenting with an alternate way to do this. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites noted that the letters received relative to this matter are public, and he suggested that a file be established so that people who are in favor or opposed can come in and look at the arguments their neighbors have. XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Request for Closed Session Mr. Erwin requested a Closed Session at the appiulniate time to consider items listed on the Agenda. He also asked that the Council add the following item to also be considered during Closed Session: Conference with Real Property Negotiator pursuant to Section 54956.8: Property: Approximately seven acres at the southeast corner of Portola Avenue and Silver Sands Parkway. Negotiating parties: Property Owner: City of Palm Desert/Phil Drell Other parties: The Debonne Group/U.S. Homes Under Negotiation: $ Price $ Terms of Payment Councilman Kelly moved to add this item to the Agenda for consideration during Closed Session. Motion was seconded by Crites and carried by unanimous vote. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632 2) Moritz v. City of Palm Desert, Small Claims Case No. INS062159 3) Silver Spur Homeowners' Association v. Palm Desert, Riverside County Superior Court, Case No. 80790 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 .5_ Mayor Benson asked that an additional item be added to Closed Session pursuant to Government Code Section 54957 relative to Personnel dealing with the City Manager, City Clerk, City Attorney, and Executive Director of the Redevelopment Agency. Councilman Crites moved to add this item to the Closed Session. Motion was seconded by Ferguson and carried by unanimous vote. C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of City's Continued Involvement in the Thermal Airport JPA (Mayor Jean M. Benson). Mayor Benson stated that she had attended the meeting for Councilman Kelly. She said that Supervisor Roy Wilson and Brad Hudson were also at the meeting giving a new perspective as to what the Thermal Airport means to this area and whether we should continue to be involved in it. She said she had spoken with Terry Henderson yesterday, the new Chairman of the Thermal Airport JPA, and she mentioned that she had talked to Mr. Hudson who was very interested in doing a session with all of the Councilmembers and their alternates as to the benefits of the Thermal Airport JPA and changing the meeting date so that everyone can attend. She said they wanted her to get a consensus of whether the City still wanted to be involved in it and whether the Council felt it was a viable operation so they would know which way to proceed. Councilman Kelly said he felt it was important to continue to be involved in this resource. Councilman Crites stated that he had appropriate trust in the current representatives. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated that if the City of Palm Desert stays involved perhaps he would be able to attend a meeting. Mayor Benson stated that she had suggested the date be set at a time when Councilman Kelly could attend. She said she felt all of the Councilmembers should go and find out what it is about. 2. Consideration of Opposition to AB 297 - Smoking and Tobacco Control, Bars and Gaming Clubs (Mayor Jean M. Benson). Mayor Benson stated that this had come from the League of California Cities, and she asked that the Council authorize her to send a letter on behalf of the City of Palm Desert as a Healthy City that the Council opposes this at the Senate level. She said she felt very strongly that this had not been given enough of a chance to work and that it should be given a trial. Councilman Ferguson stated that he understood Mayor Benson felt very strongly about this issue. He said that while he had a chance to pull the bill, he had not had an opportunity to read opposition to it or support for it. He said he would not object if the Mayor would like to write a letter. Councilman Crites added that there was an article about a week and a half ago in the Los Angeles Times which discussed the swell of public support for removal of that law. He said that the American Tobacco Institute had been funding a number of non -partisan informational campaigns although the Institute's name had not been attached to those efforts. Councilman Crites stated that there was confusion in municipalities about who is responsible for the enforcement of complaints. He said if one facility is doing its best to abide by the legislation and another facility is deliberately not doing it, that has the potential of creating the issue of unfair competition. He said he felt this was a legitimate issue for a city to address. Mayor Benson stated that at this time it was in the hands of the Riverside County Health Department. Councilman Crites stated that in some places it is not the County Health Department that is responsible. He said that from what he has read, Statewide there are some places where County Health Department is responsible while in other areas it is a law enforcement issue and in others it is a code enforcement issue. He asked what, if anything, Palm Desert could as a local city do to assist. Mayor Benson asked that staff come back with a report. Council concurred. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Reconsideration of Immediate Enforcement of Resident Requirement for Committee/Commission Membership (Mayor Jean M. Benson). Mayor Benson stated that she had sent the Councilmembers a memorandum regarding this issue. She asked the City Clerk who this would affect. Mrs. Gilligan responded that this would affect Frank Urrutia (Architectural Review Commission and Art -In -Public -Places Committee), Robert Richey (Building Board of Appeals), Jeff Courchaine (Civic Arts Committee), Katherine Hough (Art -In -Public -Places Committee), Carolyn Miller (Art -In - Public -Places Committee), Doug Simmons (Economic Development Advisory Committee), Sonny Tatum (Economic Development Advisory Committee), and Bill Powers (Promotion Committee). She added that it would leave the Art -In - Public -Places Committee with just one member. Mayor Benson stated that members were advised when the Council switched to the new procedure that they could continue to serve on these committees until their terms expired. She noted that some expired in 1998. Mrs. Gilligan stated that the terms of Katherine Hough, Jeff Courchaine, and Doug Simmons expired in 1998. Terms of Frank Urrutia, Carolyn Miller, Sonny Tatum, and Bill Powers expired in 1999, and the term of Robert Richey expired in 2000. Mayor Benson stated that her thought, when the Council discussed making this effective immediately, was that the City had already advised once that they would stay on, and then to go back and tell them they were going off she felt was not the way the City of Palm Desert would do things. Councilman Ferguson asked whether these individuals had been advised that they would go off immediately or if the notice had been held up pending reconsideration. Mayor Benson responded that the City had held off on sending the notices until reconsideration. Councilman Kelly noted the stack of applications from people who would like to serve on a committee or commission and said he felt there were plenty of residents of Palm Desert who want to participate. Mayor Benson agreed but said the City had already advised these members that they could remain until expiration of their terms. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mrs. Gilligan stated that the City Council had adopted a resolution stating that these members would go off the committees/commissions when their terms expired, and her department had subsequently sent letters to each of the members with a copy of the resolution advising they would stay on until expiration of their terms. Mayor Benson stated that the Council needed to decide whether to reverse its earlier action and send the letter or change the resolution. Councilman Ferguson asked what the vote was on the issue of these members going off immediately because of the large volume of residents who want to participate. Mrs. Gilligan responded that this action had been taken on December 16th when the Council met in the Administrative Conference Room and discussed the various Council committee and commission appointments. She said action was taken at that time to make the terminations immediate if the person was not a resident. Councilman Ferguson asked if there was a catch-all clause relative to special expertise that the person brings not otherwise found in our community. Councilman Crites stated that there was not such a clause at the moment but that he was going to make that argument now. He said that, to give an example, for the Art -In -Public -Places Committee, one position was set aside for someone who is involved in the museum field. The City of Palm Desert does not have anything of that nature in it, and Katherine Hough, who serves as curator of the Palm Springs Museum, brings a particular expertise to the committee. Councilman Kelly stated that just because the Museum is in Palm Springs, that does not mean there are no people living here who work there, and he said he knew one person right off hand who works at the Museum. He said with Art - In -Public -Places, there are 40,000 people in Palm Desert, and it is their art in public places. He said that by the nature of the beast, what the Art -In -Public - Places Committee works on, almost 90% of the time or more, does become art in public places. He said it was extremely important for this committee out of all of the City's committees and commissions to have residents as members. Councilman Crites agreed with all but the last of Councilman Kelly's statement. He said if we need to have the expertise of someone who is professionally in that business, and he felt it was needed, and there is no one from Palm Desert who is in that world who has applied, he felt the committee was lacking if it did not have that perspective. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Benson stated that once the terms expire, all committee members will be from Palm Desert. She said her issue was that she felt the City would be going back on its word to people who had helped the City through all the times they were needed. She said in retrospect she felt it was done in a hurry on December 16th and she felt the Council should reconsider this decision. Councilman Ferguson stated that he felt the Council needed to have the ability to make an exception, although he did not want to create an exception that swallows the rule. He said as Councilman Crites said, if we do have a field of expertise that absolutely does not exist in Palm Desert, although it was hard for him to imagine one, then the Council should consider appointing them to a committee and hear the reasons why there is not someone with that expertise in the City of Palm Desert. He noted that he felt the people who serve on the City's committees and commissions realize they serve at the pleasure of the Council, that a term is not a contract, it is not etched in stone. He said the City has been blessed with some fine representation on its committees, but it was hard for him to look at a four -inch stack of applications from people who live in the City and want to serve and say that he prefers this gentleman from Bermuda Dunes or this particular person from Palm Springs. Councilman Crites suggested that the Mayor be authorized to communicate to those people who would be affected the level of interest in City committees and commissions, the number of people who have asked to be considered for appointment, and the strong desire of the majority of the Council to move in that direction, and ask them if they think there is a reason why they should remain on until the end of their term. Councilman Ferguson suggested telling them the Council is caught between a rock and a hard spot, that the Council values their service but they don't live in the City, we have a volume of residents who want to participate, and would they consider making their seat available for a Palm Desert resident. He said that way the Council is not telling them they have to get off the committee or commission. He said he felt there were some people who would not mind stepping aside. He said why not share the problem with them and let them help the Council make the decision. Councilman Crites moved to, by Minute Motion, authorized the Mayor to send such a letter. Motion was seconded by Kelly and carried by unanimous vote. Mrs. Gilligan stated that she would bring a resolution to the next meeting for the Council to rescind its previous action. Councilman Ferguson stated that this was not what the Council did. He said the Council authorized the Mayor to send a letter advising these committee 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * members that the Council passed a resolution immediately terminating their membership, there were second thoughts about how that might be perceived with the members, the Council has these conflicting desires and goals, and would you be willing to step aside and make room for a Palm Desert resident. Mrs. Gilligan stated she had suggested bringing the resolution to the next meeting so that the Council has the option of rescinding the resolution which now says they stay on until the end of their terms. Councilman Ferguson suggested that this wait until responses to the letters are received. 4. Update on Site Relocation of Skateboard Facility (Councilman Buford Crites). Councilman Crites stated that the issues with regard to this matter were being worked on. He said he came back from a meeting at the League of California Cities where there was a lot of discussion about not putting this type of facility near anything where you don't want noise. He said this particular skateboard facility would be located very close to a facility where people do weddings, the Rose Garden, and staff had assured him and the Mayor that they would look at making sure the facility would be compatible with adjacent park uses. He said he had gone to the roller hockey facility in Irvine, and it was not necessary that a person be near it to know it is there. He said it attracts a lot of spectators, and he would hope they would be noisy and excited, but he wanted to make sure the City does not put in a facility at that location and find out that people nearby in the park do not find the park any more acceptable for the things they are doing in the park. Mayor Benson stated that there had been a misunderstanding between herself and Councilman Crites relative to where they understood the facility would be located. She said they went out and looked at the area, and suggestions were made to move it closer to San Pablo rather than closer to the park. Councilman Kelly concurred with concerns raised and said he felt the best of all worlds would be that that area stay open forever. He said there are a lot of facilities in the park, but it does not look real crowded yet; however, we are getting to the point where if we put something else there, it is going to crowd the park. He said there are special events held in that area, such as the Vietnam Wall, and he wanted to be able to keep the area open. He said he was a little reluctant to do anything at this meeting because Councilman Spiegel is very interested in the park and was not able to attend this meeting. He added that he felt the Council needed to be very careful about putting something in that last spot. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites agreed with Councilman Kelly that we are almost out of space. Councilman Kelly moved to continue this matter to the meeting of February 26, 1998. Motion was seconded by Ferguson and carried by unanimous vote. o City Council Committee Reports: 1) Councilman Crites asked that thanks be extended to the McCallum Board on behalf of the City Council for its report on how the City's funding is being used and the educational programs, etc. He said it was nice to hear back from people about what is going on over there and how it is improving. 2) Councilman Crites asked that an item be included on the next City Council Agenda relative to the proposed Imperial Irrigation District IPA. 3) Councilman Crites stated that he had noticed in a number of the City's commercial district parking lots that the striping had disappeared for both regular and handicapped parking. He said these would include the lot behind Bananaz and the lot behind Cousteau's. He asked that staff look into this issue. 4) Councilman Crites asked that staff also look into the issue of information kiosks. He said the Council considered these kiosks several years ago but never managed to get it done. Now'the County has beat the City to it, and he asked if there was any reason the City cannot do the same. 5) Councilman Crites stated that this was the proper time of the year for the City to consider hiring someone to cultivate the date grove. He said it was ready to start producing dates, and he suggested that the City might want to contact the same person who does this for the College of the Desert. He also said he felt the Promotion Committee should place this matter on the Agenda relative to whether we want to keep the dates for some kind of promotional effort. 6) Councilman Crites stated that the Council was going to get an update some time ago about what can be done to improve the City's low -power radio system. He said he had yet to find more than a few people who even know it exists. Mayor Benson suggested that an article be placed in the City's newsletter. Mrs. Gilligan stated that staff was working on nicer looking signs. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * '7) Councilman Kelly stated that he had been attending meetings as the Council's representative to try and convince western Riverside County that there should be an equitable distribution of Statetransportation improvement funds. He said CVAG's proposal had been submitted relative to using the formula that was approved by RCTC and then use 10 % of that in a discretionary fund for the Transportation Commission to use. He said at the next meeting both western Riverside County and the private sector were supposed to come back with proposals for discussion and recommendation to the Transportation Commission. 8) Mayor Benson stated that she had attended the Palm Desert High School Winter Guard contest and that Palm Desert High was going to the Dayton National Championships in April. She said they were competing against approximately 20 other schools from Southern California, and Palm Desert's group was outstanding. 9) Mayor Benson noted that at yesterday's Desert Beautiful meeting, Palm Desert High School students won top awards for their essay on the environment and also for artwork. She said she had suggested to the City Clerk that the environmental letter be used in the City's newsletter with a picture of the young lady who wrote it. 10) Councilman Ferguson complimented the Finance Department and the people who put together the City's Investment Policy. He said he had sent it around to some securities people and asked them to try and poke holes in it and find levels of exposure in it that would be unacceptable for a city given what we have gone through with some of our investments in the past. He said he had gotten nothing but very high praise and comments for the laddered approach to risk exposure, the reduction in our credit risks, what we have done with our money market accounts, etc. He said they could not stop singing praises about what we're doing here, and the level of security that the City has with its investments is well taken care of by this policy. He said he was very pleased to hear that. XIV. AWARDS, PRESENTATIONS, AND APPOINTMENTS NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * A. CONSIDERATION OF APPOINTMENTS TO VARIOUS CITY COMMITTEES AND COMMISSIONS. Councilman Kelly moved to, by Minute Motion: 1) Appoint Jeanette Lucas, Peggy Steen, and Jim McIntosh to the Civic Arts Committee ; 2) appoint Joe Dickinson to Art -In -Public -Places Committee; and 3) appoint Rick Post, John Lavender, and Russ Campbell to the Economic Development Advisory Committee. Motion was seconded by Crites and carried by unanimous vote. XV. PUBLIC HEARINGS None XVI. ADJOURNMENT Upon motion by Crites, second by Kelly, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 5:55 p.m. to Closed Session. She reconvened the meeting at 7:05 p.m. and immediately adjourned the meeting to 1:30 p.m. on Tuesday, February 17, 1998. ATTEST: SHEILA R. GILLIGAN L� Y CLERK CITY OF PALM DESE,CALIFORNIA 27