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HomeMy WebLinkAbout1998-01-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. H. ROLL CALL Present: Councilman Buford A. Crites (arrived at 4:15 p.m.) Councilman Jim Ferguson Councilman Richard S. Kelly (arrived at 6:30 p.m. during Closed Session) Mayor Pro-Tempore Robert A. Spiegel Mayor Jean M. Benson Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul Gibson, Finance Director/City Treasurer Mary P. Gates, Deputy City Clerk With Council concurrence, Mayor Benson suspended the remainder of the Agenda in order to consider New Business Item A. Please see that portion of the Minutes for discussion and action. M. ORAL COMMUNICATIONS Mr. Diaz asked Mr. Kermit Martin of Waste Management to update the Council on what is being done in terms of the new CNG project which is coming on line. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. KERMIT MARTIN, Waste Management of the Desert, 41-575 Eclectic Street, Palm Desert, stated that Waste Management had recently signed an agreement with Pickens Fuel for the installation of a refueling station at the Palm Desert site. He said this would provide refueling facilities for the Waste Management fleet of trucks and would also provide a public access facility for members of the public and other fleets in the Palm Desert area, particularly the Cook Street area who might be able to utilize the compressed natural gas (CNG) facility. He said he expected that station to be in service approximately mid -year 1998. He noted that, with regard to its fleet, Waste Management was in the process of converting diesel vehicles to compressed natural gas, and this would be done over a period of years, primarily on a replacement basis. IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 8, 1998, and the Adjourned Meeting of January 13, 1998. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 34, 36, and 35PD Office Complex. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Joseph Robert Abbondondola for Vinney's Wine & Spirits, 73510 Palm Desert Drive. Rec: Receive and file. D. AUDITED FINANCIAL STATEMENTS for the City of Palm Desert Transportation Funds for Fiscal Years Ended June 30, 1997, and June 30, 1996. Rec: Receive and file. E. AUDITED COMPREHENSIVE ANNUAL FINANCIAL REPORT for the City of Palm Desert for Fiscal Year Ended June 30, 1997. Rec: Receive and file. F. REQUEST FOR APPROVAL of the Community Development Block Grant Memorandums of Understanding (Two) and Reallocation of Funds. Held for separate discussion under Section V, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REQUEST FOR APPROVAL of Out of State Travel. Rec: By Minute Motion, authorize out of state travel for Business Support Manager and the Executive Director of the Redevelopment Agency to attend the International Council of Shopping Center's .(ICSC) National Leasing in Las Vegas, Nevada from May 17, 1998, through May 21, 1998. H. REQUEST FOR APPRQyAT . of Notice of Completion for Curb and Gutter and Gross Gutter Repair Program (Contract No. C12830, Project No. 753-97). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion of the subject contract. I. REQUEST FOR AWARD OF CONTRACT for the Extension of Edison's Underground Electrical Facilities Along the East Side of Cook Street From Frank Sinatra to Gerald Ford Drive (Contract No. C13790). (Applicant: Southern California Edison Company) Rec: By Minute Motion, award Contract No. C13790 to Southern California Edison Company for the extension of underground electrical facilities along the east side of Cook Street from Frank Sinatra to Gerald Ford Drive in the amount of $19,934.06 and authorize the Mayor to execute the subject agreement. J. REQUEST FOR AWARD OF CONTRACT for Engineering Design of Highway 111/Portola Avenue Intersection Improvements (Contract No. C13800, Project No. 653-98). (Applicant: Keith International, Inc.) Rec: By Minute Motion, award Contract No. C13800 to Keith International, Inc. for the subject engineering design in the amount of $39,700, plus a ten percent contingency of $3,970 for a total amount of $43,670, and authorize the Mayor to execute the agreement. Funds are available from Account No. 213-4365-433-4001. K. REQUEST FOR AWARD OF BID for Asphalt Compaction Roller and Equipment Trailer. Rec: By Minute Motion, award the bid for an asphalt compaction roller ($12,486.73) and equipment trailer ($2,749.24) to U.S. Rentals, Cathedral City. L. REQUEST FOR AWARD OF BID for Compact Rotary Mower. Rec: By Minute Motion, award the bid for a compact rotary mower ($16,536.68) to California Turf, Bermuda Dunes. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Perimeter Wall at the Desert Willow South Course (Contract No. C13810). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the construction of the perimeter wall at the Desert Willow South Course project. N. MINUTES of the Palm Desert Rent Review Commission Meetings dated May 15 and September 24, 1997. O. REQUEST FOR APPROVAL of Peace Memorial Artwork Concept Design Recommendations. Rec: By Minute Motion, approve the Art In Public Places and Civic Arts Committee recommendations to commission Ross Andrews for design development of the Peace Memorial in the amount of $5,000 including all reimbursable expenses. P. REQUEST FOR APPROVAL of City Council Retiree Health Care. Q. Held for separate discussion under Section V, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. REQUEST FOR APPROVAL of Out of State Travel by the Assistant City Manager to Atlanta, Georgia, for CDC Intervention Strategies Workshop. Held for separate discussion under Section V, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. Councilman Ferguson asked that Items F and P be removed for separate discussion under Section V, Consent Items Held Over, of the Agenda. Councilman Crites asked that Item Q also be held for separate discussion. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. V. CONSENT ITEMS HELD OVER F. REQUEST FOR APPROVAL of the Community Development Block Grant Memorandums of Understanding (Two) and Reallocation of Funds. Councilman Ferguson stated that while the staff report recommended approval of two Memorandums of Understanding (with Palm Desert Home Improvement Program and Nightengale Manor Homeless Shelter) and copies of both were included in the packet, he had received just prior to the meeting a Memorandum of Understanding between the County 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Housing Authority and the City of Palm Desert. He asked where this had come from and whether it was properly under Item F of the Consent Calendar. Management Analyst Ray Janes stated that the Housing Authority had made some minor language changes and that the memorandum of understanding was basically the same as that submitted to the Council in the packets. He added that the Housing Authority runs the Nightengale Manor Homeless Shelter. Councilman Ferguson stated that the first time he had seen this 21-page document was at 4:00 p.m. He said while he did not doubt there were some minor changes, he would abstain from voting on it because he did not know what it was. Upon question by Mayor Benson relative to what the changes were, Mr. Janes responded that the model used by staff was from the City of Palm Springs and that a lot of the changes were from "Palm Springs" to "Palm Desert". He said the item could be continued to the next meeting if Council wished to look at it further. Councilman Spiegel asked if there was any immediacy to the agreement as far as the County of Riverside was concerned, and Mr. Janes responded that there was not. Councilman Crites stated that this was neither the first nor the last time something ends up on the Councilmembers' chair ten minutes prior to the meeting. He suggested that a premade, one -page, colored form be prepared that indicated across the top why it was given to the Council late, what the changes are, and why staff is requesting urgency of passage. He said if it did not meet those three things, it should not be on the Councilmembers' chairs. Councilman Ferguson stated that this would have his support. Mayor Benson agreed. With Council concurrence, this matter was continued to the meeting of February 12, 1998. P. REQUEST FOR APPROVAL of City Council Retiree Health Care. Councilman Spiegel moved to remove this item from consideration. Motion was seconded by Ferguson and carried by unanimous vote. Q. REQUEST FOR APPROVAL, of Out of State Travel by the Assistant City Manager to Atlanta, Georgia, for CDC Intervention Strategies Workshop. Councilman Crites stated that while he did not have any objection to this item, he had fairly high confidence in the City Manager and Redevelopment Agency Director and questioned the need for these types of items to appear on the Consent Calendar. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz responded that there was an ordinance requiring these items to be approved by the — Council. Councilman Crites asked that the ordinance be reconsidered. He noted that at College of the Desert, there was a policy that travel inside the State is approved by the divisions or the President, and anything out of State goes to the Board of Trustees. He said people could travel to northern California and spend more money and be gone longer than a trip to Phoenix. He said he felt it was a random, arbitrary thing about in -State, out -of -State, and he would like to junk the ordinance. He added if there was something that looked extraordinary, he would rely on the staffs good sense to bring it to the Council. He said he felt if Council was going to have to approve out of State travel, it should approve all travel. Mayor Benson stated that she did not see any harm in having these items on the Consent Calendar, and at least the Council would know where staff is going and what they were going to do. Councilman Crites stated that Council would only know where staff was going if it was out of State because those trips within California are not approved by Council. He said a reasonable thing would be to include a list of everyone who is going to travel this month and to where. Councilman Spiegel agreed with Councilman Crites. Councilman Ferguson agreed. He said he believed there was a cost associated with travel, no matter where anyone goes, and a state boundary is probably an artificial distinction. He said he felt citizens would like to know the Council is monitoring travel since it does get expensive. He suggested that the Council be given a summary report of everyone who is traveling during that period. Mayor Benson agreed and said she felt the Council needed to have something to know where staff is going and why. Councilman Crites moved to, by Minute Motion, authorize the Assistant City Manager/Director of Administrative Services to travel to Atlanta, Georgia, to attend the CDC Intervention Strategies Workshop scheduled for January 25 through January 27, 1998, with direction to staff as outlined by Councilmen Crites and Ferguson. Motion was seconded by Ferguson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . RESOLUTIONS A. RESOLUTION NO. 98-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING FORECLOSURE ACTIONS AND APPROVING SPECIAL COUNSEL AGREEMENT. Mr. Diaz noted the report in the packets and stated that Mr. Gibson was available to answer any questions. Councilman Ferguson asked what the City's average annual assessment was within these assessment districts. Mr. Gibson stated that it was between $500.00 and $1,000.00. Councilman Ferguson stated his concern with this packet was the unit billing structure. He said to generate a demand letter, file a complaint, take a default, get an entry of judgment, and file a notice of Lis Pendens would cost the City, guaranteed, $1,250.00. He said if our average assessment is between $500.00 and $1,000.00, he was not sure why the City would spend $1,250.00 to go after an average of $750.00. He said he was all in favor of getting people to pay their assessments, but he felt this amounted to more of a penalty than a reasonable attorneys fees provision to seek that money. He said people in the HOA sector do lien and foreclosure work for approximately $500.00, and he felt $1,250.00 was outrageous. He added that just because it was the homeowners' money, he did not think the Council needed to spend it irresponsibly. Councilman Crites asked whether Councilman Ferguson liked the program, whether he felt the City should do it, or if it should be done for less money. Councilman Ferguson said he felt the fees should be renegotiated. Councilman Crites asked whether there was urgency to this action that would not allow for renegotiation of the fees. Mr. Gibson responded that there was no urgency. Councilman Crites moved to, by Minute Motion, continue this item to the meeting of February 12, 1998, to allow staff to further negotiate the fees. Motion was seconded by Spiegel. Mr. Erwin stated that if Council wished, staff would also explore alternates. Councilman Crites responded that this motion would not restrict staff to this proposal. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson stated that this billing structure was called "unit billing" which historically public lawyers were never allowed to do with cities. He said neither the City Attorney nor the Redevelopment Agency Attorney were allowed to bid like this. He said he knew that generating a demand letter was a form that takes about five minutes of a paralegal's time, and how that amounted to $150.00 was beyond his imagination. He added that he did not think we should create an exception on our assessments that we do not allow on the Redevelopment Agency or the City side. He stated that while this was not a big dollar item, it was an unacceptable practice, and that was the basis of his concern. Mayor Benson called for the vote. The motion carried by unanimous vote of the Council. VII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 864 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 8.80 TO THE PALM DESERT MUNICIPAL CODE REGARDING ADMINISTRATIVE REMEDIES FOR MUNICIPAL CODE VIOLATIONS. Mr. Diaz stated that there had been no changes to this ordinance since introduction, and he recommended adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 864. Motion was seconded by Ferguson and carried by unanimous vote. B. ORDINANCE NO. 865 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 8.81 TO THE PALM DESERT MUNICIPAL CODE REGARDING ADMINISTRATIVE CITATIONS FOR MUNICIPAL CODE VIOLATIONS. Mr. Diaz stated that there had been no changes to this ordinance since introduction, and he recommended adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 865. Motion was seconded by Ferguson and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. 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) Mr. Erwin recommended that Council continue this item to the meeting of February 12, 1998, as there was still no signed agreement. Councilman Spiegel moved to continue this item to the meeting of February 12, 1998. Motion was seconded by Ferguson and carried by unanimous vote. D. ORDINANCE NO. 868 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 8.80.0225, ESTABLISHING AN APPEALS HEARING BOARD, TO THE PALM DESERT MUNICIPAL CODE REGARDING ADMINISTRATIVE REMEDIES FOR MUNICIPAL CODE VIOLATIONS. Mr. Diaz stated that there had been no changes to this ordinance since introduction, and he recommended adoption. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 868. Mr. Erwin noted a typographical error in the title of the ordinance and stated that it should reflect Section 8.80.025. Councilman Spiegel stated that as he read it, the appeals board would be made up of three regular members appointed by the City Manager. Mr. Erwin agreed. Councilman Spiegel asked if this was normally the way things are done. Mr. Erwin responded that this was the way it had been done in other cities. He said it was started off with the idea that we would see how it works because the board would be here and available as opposed to having to call people in and schedule meetings. Councilman Spiegel asked if the members would be staff, and Mr. Erwin agreed. Councilman Spiegel seconded the motion. Motion carried by unanimous vote of the Council. 9 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. NEW BUSINESS A. PRESENTATION BY WASHINGTON CHARTER SCHOOL STUDENT AMBASSADORS AND CHOIR. Mrs. Carole Horlock, Principal of Washington Charter School, stated that she took great pride and pleasure in telling friends who live in every other part of the country about the relationship that Washington Charter School has with the Palm Desert City Council. She introduced the school's ambassadors who each spoke briefly and thanked the Council for its generosity and support of the school. The school choir then performed a special song for the Council. B. JNFORMATTONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Monterey Avenue Mr. Folkers reported that the bridge deck would be poured the next day for the west portion of the I-10/Washington Street Interchange. He added that the final punch list was being done for the Monterey Avenue Interchange and it should be done in the next month. 2. Progress Report on Utility Deregulation Mr. Wohlmuth reported that the Cove Communities Services Commission met to discuss the Commission sending out an RFP/RFQ for aggregation services for the Cove. He said the Commission passed a motion to send out an RFP/RFQ for a cost not to exceed $18, 000.00 to perform this function. He said the idea when bids are received, staff will find out how much lower than the 10% Edison is giving for the electric reduction as of January 1. He said it was anticipated the process would take between 11 and 15 weeks, with the Commission to consider taking action some time in May to execute a contract for those services. IX. CONTINUED BUSINESS A. REQTTF,ST FOR CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE TO REGULATE TATTOO ESTABLISHMENTS AS BUSINESSES. (Continued from the meetings of December 11, 1997, and January 8, 1998). Mr. Erwin stated that this originally was to be added to the adult entertainment ordinance. He noted there was new legislation effective January 1, 1998, wherein the State Department of Health Services had stepped into the field to regulate all of the business activity of tattooing, 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * creating regulations, passing it down to each individual county health department to regulate. He said the area that was not covered was the zoning and land use aspects. He recommended that the City not attempt to regulate the business of tattooing. He added the Planning Department had in process the zoning regulation with regard to location of tattoo establishments, and this would be before the Planning Commission next month. Councilman Spiegel stated that it was his understanding that this would also cover body piercing. Mr. Erwin responded that it covered all types of piercing, drawings, labelings, etc. Councilman Crites moved to, by Minute Motion, adopt the City Attorney's report. Motion was seconded by Spiegel and carried by unanimous vote. X. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE PALM DESERT SOCCER PARK (CONTRACT NO. C13140, PROJECT NO. 686-96), APPROVAL AND ALLOCATION OF FUNDS FOR ASSOCIATED UTILITY, ENVIRONMENTAL AND ART FEES, AND APPROVAL OF AN AMENDMENT TO CONTRACT NO. C 11360 FOR ADDITIONAL CONSULTANT SERVICES. Associate Planner Jeff Winklepleck reviewed the staff report, noting this was the second time this project had bid. He stated this was the first project bid by the City as non -prevailing wage and that approximately 11 % of the total cost ($348,000) had been saved. Councilman Ferguson stated that the City had saved $348,000 by letting this out to bid under a charter as opposed to a general law city, and Mr. Winklepleck agreed. Mr. Winklepleck added that 12 bids had been received. He recommended approval of the four items as outlined in the staff report and offered to answer any questions. Councilman Spiegel stated that in reviewing the bids, there was a difference of approximately $55,000 between the lowest bidder, Valley Crest (Santa Ana), and the third lowest bidder, Simon Company (Indio), a local company. He said as he understood it, because Palm Desert is now a charter city, it does not have to go with the lowest bidder. Councilman Ferguson asked whether staff had selected Valley Crest with that in mind. Mr. Winklepleck responded that staffs recommendation is based on the fact that Valley Crest is the low bidder. He said he could not comment on whether one is better than the other and that both are qualified. Councilman Ferguson stated that Mr. Erwin had briefed the Council in study session that the City does not have to go with the lowest responsible bidder and could take the best bidder using 11 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * price, geographic proximity, and other factors as criteria. He said this was the first contract under the City's new charter, and he asked whether new criteria had been applied or if it was just being given to the lowest bidder. Mr. Diaz stated that. the current ordinance requires the City to go with the lowest responsible bidder. He said if Council wishes, staff could look at the ordinance and bring it back for amendment by the Council. Mr. Erwin stated that he would be more comfortable if the ordinance were modified first to make everyone aware of this. Councilman Crites stated he felt it was also important to be careful not to automatically build a certain pad into what local bidders may bid; otherwise, they do not have to sharpen the pencil quite as much because they get a certain percentage cut. He said the argument could be made that much of what Valley Crest will do will go into the local economy; on the other hand, there are arguments about how much will and how much will not go into the local economy because the firm is not based in Palm Desert. He said citizens of Palm Desert could very well say they want this facility built for the cheapest quality price, and the $55,000 difference should be taken and used for something else. He said he felt the City needed to be very cautious about how it goes about weighting this issue but at the same time being very cognizant of it. He noted that the last time Council went through this, there was also the issue of what defines a local business, whether it means anyone who has a business license in the Valley or someone who is in another city but establishes a business phone number here and is, therefore, local. Councilman Spiegel stated there was another factor, and that was the immediacy problem. He said the objective was to have the facility ready for the next soccer season, and unless the contract is awarded soon there may not be time to do so. Councilman Spiegel moved to, by Minute Motion: 1) Award Contract No. C13140 (Project No. 686-96) to Valley Crest in the amount of $2,622,500.00 for the construction of the Palm Desert Soccer Park and authorize a ten percent contingency of $262,250.00. Funds are available in Accounts 430-4665-454-4001 and 233-4665-454-4001. Additional funds are available in Parks and Recreation Facilities Funds 233 and 430; 2) authorize the Mayor to enter into an agreement with Valley Crest; 3) allocate unobligated Parks and Recreation funds in the amount of $193,375.00 for utility, environmental and art fees. Funds are available in Parks and Recreation Funds 233 and 430; and 4) approve an amendment to Contract No. C11360 for additional consultant services in the amount of $13,500. Funds are available in Parks and Recreation Funds 233 and 430. Motion was seconded by Crites. Councilman Crites questioned Additive Alternate #3 for the fertigation system for liquid fertilizer. He said that noting some of the issues with fertilizer on other City projects recently and noting that $7,000 is a small part of this budget, was there a reason to include this in terms of the quality of turf that will be on the soccer fields? 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Winklepleck responded that staff had looked at this closely. He said that if the project did not have reclaimed water on it, there would be no question of including the fertigation system; however, with the use of reclaimed water for the turf, that would provide a lot of nutrients. Councilman Crites asked how much it would cost if the project were built and it was decided afterwards that the fertigation system should be done. Councilman Winklepleck responded that it would probably cost an additional $3,000 above the $7,000. Councilman Spiegel moved to amend his motion to include the $7,000 for the fertigation system. Councilman Crites agreed to amend his second, stating that he would favor including the fertigation system in the contract if putting such a system in later would add 40% to the cost. Councilman Ferguson stated that with some of the recent developments at Desert Willow and the turf and fertilizer experiences out there, he would rather opt on the side of caution and include it than have to go back and add it when the grass is brown. MR. SABBY JONATHAN addressed the Council and stated that he had been involved with soccer for ten years, and this was something the City needed prior to his involvement. He commended and thanked the Council for its vision and investment in the youth and in the City's future. He said the project would bring revenues to the City in the way of future tournaments, with hotel guests and restaurant users, etc. He noted that the facility would primarily be used by youth and that there were over 1,000 kids in youth soccer in Palm Desert. He also thanked Mr. Winidepleck and Mr. Drell of the staff and said they were very helpful, knowledgeable, and responsible. Mayor Benson called for the vote. The motion carried by unanimous vote of the Council. B. REQUEST FOR RECONSIDERATION OF REQUEST BY KEMPER SPORTS MANAGEMENT FOR CITY PARTICIPATION ON A DISCOVERY CHANNEL SPECIAL "THE MAKING OF A GOLF COURSE". MS. PIPER CLOSE stated that the Council at its last meeting voted to participate with a sponsorship in a production featuring Desert Willow on the Discovery Channel, including a corporate -style video. She said the following Monday the Golf Course Committee met and gave consideration to the purchase of the remaining one or two sponsorships which were still being considered by other companies. The Committee felt at that time that the City might benefit from having a dominant role in the program and that it would benefit from the additional production time with the corporate video. She said she then presented this suggestion to the Promotion Committee at its meeting of January 20, 1998. After a lot of discussion about how the City and its advertising agency could use the additional video footage, the Committee unanimously voted against supporting the purchase of additional sponsorship 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * time. She noted that she had spoken with the producer of the program on Wednesday to discuss any additional options they may be willing to create to enhance the deal for the City. She said the producer is now willing to shoot additional footage that the City may want to use to create a video dealing with more than just the golf course, and this could include anything such as art -in -public -places, the Library, shopping, industry, education, etc. Mayor Benson noted that Golf Dimensions had committed to be a sponsor of this program as well. Ms. Close stated that this meant there was one sponsorship available should the City want to purchase a second one, and the City's cost would go from $9,800 to $19, 600. Councilman Ferguson stated that in return for that the City would be able to use the corporate video for anything it wanted. Ms. Close agreed. Councilman Ferguson asked if this meant the City would have eight minutes of golf course coverage and approximately 22 minutes of anything else it wanted to include in the City. Ms. Close responded that instead of the original four to five minute video, it would now be an eight to ten minute corporate video. There would still be the original eight minutes on the television show. The corporate video could be edited and shots could be added in whatever fashion the City would like. Councilman Ferguson asked how long the corporate video would be, and Ms. Close responded that it would be eight to ten minutes. Councilman Ferguson stated that they would shoot anything the City wanted, and it could be used as an economic development video tape if the City chose to do so. Ms. Close agreed and said they would be here the week of February 14 to 23, 1998. She said she had called the advertising agency who had confirmed that there would be application usage of this type of opportunity. Councilman Crites stated that if the City was now developing something for economic development or for promotion or for other purposes not connected with what the original appropriation was for, the matter should go to the people who look at those purposes to see if that is how they wish their budgets to be spent. Councilman Ferguson stated he had not mentioned economic development to suggest that the City do economic development per se, it was just to point out that the last time the City did an economic development video was eight years ago, and $28,000 was spent for that. This is an opportunity to do a professional video with a national network for approximately $9,000, and this might be a good investment even if we do not know how we are going to use it yet. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson moved to, by Minute Motion, approve the purchase of a second sponsorship and reserve the right to determine how the second video will be shot; i.e., for economic development, for promotion, for fuel cell, etc. Motion died for lack of a second. Councilman Spiegel stated that the Council needed direction from the Promotion Committee and Economic Development Advisory Committee before making a commitment like that. Ms. Close responded that she would take this back to the various committees. Councilman Ferguson asked whether the City jeopardized its previous approval and the entire project in terms of the time line by not acting on this today. Ms. Close responded that she did not believe this would jeopardize the City's original position with the production company; however, the production company's position was that in order to complete its script and television show, if there is another sponsor they are going to bring in, they need to do that immediately. Councilman Ferguson expressed concern that there • may not be a show. He asked if the production company would move forward with just four sponsorships since they wanted five. Ms. Close responded that the production company would select a fifth sponsorship whether it be another company or something else. No Council action was taken on this item. C. REQUEST FOR CONSIDERATION OF HYDROGEN FUEL LAND LEASE AGREEMENT WITH COLLEGE OF THE DESERT Mr. Diaz asked that this item be discussed in Closed Session due to possible litigation. XL REPORTS AND REMARKS A. CITY MANAGER 1) Re= Relative to School District Boundary Changes. Mr. Diaz stated that a letter had been sent to the Superintendents of both the Palm Springs Unified School District and the Desert Sands Unified School District asking that one school district serve all of Palm Desert. He noted that there would be a meeting on Tuesday with the Desert Sands Unified School District, and if no response to his letter had been received prior to that meeting, he would ask for a response in person at the meeting. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) Report Relative to Timetable for Mitigation of Well Site on the North Side of Haystack Road West of Portola Avenue. Mr. Drell distributed copies of the timetable for this project to underground all of the equipment at this well site. He stated that it might be possible to shave a week off due to the City's own processing. He said everyone involved had been very cooperative, and this cooperation allowed the work to be done in just two months. He added that a representative of The Reserve was available to answer any questions. He added that it was estimated that the work would be completed by the first week of March. Councilman Crites stated that there was considerable expense in doing this, and he asked if staff was confident that Mr. Lennon of Lowe Reserve was aware that should he do this work and it not meet the original agreement, he will be back doing something else with the whole project. Mr. Drell responded that presupposing that the sound mitigation is successful, the only thing that would be above the ground when this is completed is a metal railing on one side of the vault, and everything else will be underground. Councilman Crites stated that if the sound mitigation does not work, he wanted to make sure Mr. Lennon was aware that the Council could choose to take action in terms of removal of the entire facility. Mr. Drell stated that Mr. Lennon was aware of that. Mayor Benson stated she would feel more comfortable if the City had something signed by Mr. Lennon indicating his awareness of this. Councilman Ferguson stated that he had gone to this area in the evening hours when there was not so much traffic on Haystack, and there was a perceptible hum from the other side of the street. He said he could hear the hum not from the property line of the homeowner but right at the garage door. He said there were plywood vents over the vault, with no grid or grill on the front. He said if he were Lowe Reserve, he would probably put the new vents on first to see if that would mitigate the noise. He said he would not want to spend this much money only to have the Council tell them to tear it all out. A representative from Lowe Reserve stated that he realized that impact and felt venting the duct toward the wash would mitigate the noise problem. In addition, the ducts would be insulated and should further mitigate the transference of sound. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson suggested that Lowe Reserve be asked to try out their vents with the insulation and run a sound study while awaiting the permit process and come back to see if it is acceptable to the City before they spend their money. The representative stated that he would take this under advisement and discuss it with Mr. Lennon. Upon question by Mayor Benson, the representative responded that the project was scheduled to be completed two months from the January 8th City Council meeting. Mayor Benson stated that she still felt the equipment should be moved and that it was bad planning to put this equipment in front of someone's property when there were other places it could have been put. She said she had no confidence that this would be absolutely quiet when completed. 3. Request for Approval of Change Order to Contract No. C13290 with KMC Financial Corporation. Mr. Diaz stated that the City currently had a contract with KMC Financial Corporation dealing with fuel cells. He asked that the Council add this item to the Agenda. Councilman Crites moved to add this item to the Agenda for consideration. Motion was seconded by Ferguson and carried by unanimous vote. Mr. Diaz stated that the request was to allow KMC Financial Corporation to do some additional work, the amount of which would be $3,000. He said this matter was before the Council now because the project deadline was February 13. He said the money would come from the grant, and staff recommended approval of the change order for the additional support services. Councilman Crites moved to, by Minute Motion, approve Change Order No. 1 to Contract No. C13290 between KMC Financial Corporation and the City of Palm Desert in the amount of $3,000.00. Motion was seconded by Spiegel and carried by a 3-1 vote, with Mayor Benson voting NO. 4. Mr. Diaz reported that he had requested a proposal from Ron Gregory and Associates, Landscape Architects, to look at the piano picnic table area and redesign the area to keep the artwork there and improve the appearance so that it would be utilized. He stated that under the current Code of the City, he could approve the consultant contract since it was in an amount not to exceed $4,600. Mayor Benson stated that this area needed to be cleaned up so that people use it. She added that it needed some type of shade structure over it. 17 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that this was in an area that was hot and sunny and was out -- near the road with a lot of traffic noise. Mr. Diaz stated that plans needed to be drawn to improve the area so that it will be used. Councilman Crites suggested that the table be moved. Mr. Diaz responded that there would still be an area that is not used. Mayor Benson stated she sees a lot of employees standing out around the area, but no one uses the piano area. She said she felt it looked very disgraceful walking into that building and that the area looked like someone's back yard. Councilman Ferguson stated he did not disagree with Mayor Benson but questioned the need to spend $5,000 for someone to tell us what to do with a small patch of land that is otherwise a smoking area. Councilman Crites stated that he felt the area needed to be cleaned up and landscaped. He also suggested moving the table to an area where people tend to congregate and where there is shade. However, he said he was not sure it would take $5,000 to do this. He said the City had a good landscape architect who could determine what plants should be put there. Councilman Ferguson stated that the City also had an Arborist -- why not plant a tree there? Councilman Spiegel stated that this was a cross -through area for students who use it all the time, and they will continue to use it to cut through no matter what is done. He said he felt that also needed to be taken into consideration. Mayor Benson stated she felt something needed to be done so that the area complements the rest of the Civic Center complex. Councilman Ferguson agreed but said he felt it should be done without the services of Mr. Gregory. Mr. Diaz noted that he had asked Mr. Gregory for a proposal because he was under the impression that staff did not have enough time with current staff. He said he gathered there was agreement on the part of the Council that there is a problem and that something needs to be done; the disagreement was with the expenditure, and he said staff would come back with a proposal with regard to what will be done and how it would be done with existing staff. 18 REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Request for Closed Session Mr. Erwin noted the items listed on the Agenda for Closed Session. He asked that the Council also add an item which had arisen since posting of the Agenda as follows: Public Employment pursuant to Government Code Section 54957. Title of Position: City Manager and City Clerk Councilman Spiegel moved to add this item to the Agenda for consideration in Closed Session. Motion was seconded by Crites and carried by unanimous vote. Conference with Legal Counsel - Anticipated Litigation pursuant to Section 54656.9 (b) Number of potential cases Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1). The litigation is not identified at this time because to do so would jeopardize the ability of the City (Agency) to conclude existing settlement negotiations to the City's (Agency's) advantage. 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 C. CITY CLERK None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL City Council Requests for Action: 1. Consideration of Appointment of Member and Alternate to the Coachella Valley Regional Airport Authority. Mayor Benson asked that the Council add this item to the Agenda for consideration of the appointment of a member and alternate to the Coachella Valley Regional Airport Authority for the Thermal Airport. She noted that the appointments needed to be made at this time because of the scheduled Airport Authority meeting of January 28, 1998. Councilman Crites moved to add this item to the Agenda for consideration. Motion was seconded by Ferguson and carried by unanimous vote. Mayor Benson stated she had received a letter earlier that day, and both an appointee and an alternate were needed. Councilman Crites moved to, by Minute Motion, appoint Councilman Kelly as the Member and Councilman Ferguson as the Alternate for the Airport Authority. Motion was seconded by Spiegel. Councilman Ferguson stated that he was not sure he would be able to accept this appointment. He said it was his understanding that there was an opinion rendered indicating that by his serving on the Palm Springs Airport Commission there would be a conflict of interest if he served on the JPA for Thermal. Mayor Benson stated that she would be happy to serve as the alternate to this board. Councilman Crites amended his motion to appoint Councilman Kelly as the Member and Mayor Benson as the Alternate for the Airport Authority. Motion was seconded by Spiegel and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Crites stated that, with regard to the pigeon issue discussed by the Council several weeks ago, he had spoken with representatives of the Department of Fish & Game who were interested in working with the City on a program to establish some nesting areas at the edge of the City. He said the range of Peregrine falcons was over 40 miles. He noted that the nesting areas could not be in town because apparently the fledglings do not fly well and it could be dangerous to have them landing in the middle of busy streets. He stated that the Department of Fish & Game were looking at both U.C. Deep Canyon land as well as land adjacent to the Visitors' Center. He added that 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * apparently these falcons had a significant impact on pigeon population and that in discussing this issue with someone in northern California who has put on programs like this, if Peregrine falcons are in the area, pigeons tend to relocate. 2. Councilman Crites stated that in a current issue of Western Cities Magazine was a report relative to a fairly large number of cities awarded the Helen Putnam Award in various categories such as public safety, code enforcement, environment, etc. He asked that staff look through the list to see if there are three or four that would be of value to the City to implement. One example would be that members of the Police Department not do their own reports but to instead dictate them onto mini cassettes. These cassettes are in turn sent out to people who do all the transcriptions. This would increase the amount of time the officers are out on patrol and not require that they sit and do the reports. He asked that staff look into these ideas to see if there are some Palm Desert could use and bring back to the Council a ranking of things staff feels would be of value. Mr. Diaz responded that staff would be happy to do so. 3. Councilman Crites stated that he had gone out and looked at the City's golf course with regard to the turf and landscaping. He said some of those issues needed to be discussed with staff. He added that in looking at the composition of the Golf Course Committee, there is no one on that committee who is actively involved with those things from the City point of view. He said he felt it was important to add to that committee someone like Rudy Acosta or Eric Johnson or Reuben Ramirez who is directly involved in the development of the plant pallet and how everything is put together so that that type of input can be given directly to the Committee. He said he felt this would be a valuable addition, and he suggested to the City Manager that this be done. 4. Councilman Ferguson stated he had an opportunity to meet earlier in the day with Jim Sealey of Kemper Sports Management and go in a golf cart to visit the various flora and fauna at the City's golf course and discuss its current condition from a maintenance standpoint. He said he felt Councilman Crites and the rest of the Council would be fairly pleased to see some of the progress that was made. He added that this would be taken up with the Golf Course Committee. He also noted that the suggestion had already been made and noted by Councilman Kelly that there is a noticeable lack of expertise on the Golf Course Committee. He said they were in the process of searching for someone to not only give maintenance recommendations on the desertscape and turf but to also join the Committee and be in a position to advise the Committee from time to time on cost issues associated with maintenance of the Golf Course. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Councilman Spiegel stated that at the most recent Economic Development Advisory Committee meeting the Chamber of Commerce made a presentation on business attraction. He said the Chamber had its own committees and own groups that go out and look at various opportunities to bring business to the City. He said they were looking at the most logical business in the world, golf club manufacturers, and would be coming to the Council at its next meeting requesting minimal funding that had already been approved by the Economic Development Advisory Committee to help the Chamber go out and attract this type of business to Palm Desert. Upon motion by Crites, second by Spiegel, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 5:25 p.m. to Closed Session. She reconvened the meeting at 7:00 p.m. XII. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XIII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATIONS TO OUTGOING MEMBERS OF VARIOUS CITY COMMITTEES AND COMMISSIONS IN APPRECIATION OF THEIR SERVICE TO THE COMMUNITY. — On behalf of the entire City Council, Mayor Benson presented engraved clocks to outgoing members of various City committees and commissions. She expressed appreciation for their time and service to the community and said she felt Palm Desert had more committees and commissions for people to serve on than any other city in the Valley. She added that Palm Desert is what it is today because of the people who have served on these boards. She thanked the following members, although not all were able to attend the meeting: Art -In -Public -Places Committee - David Katz Building Board of Appeals and Condemnation - Dennis Chappell Charter City Advisory Committee - Bill Adams, Paul Beaty, Jean Benson, Lisa Constande, Dave Erwin, Jim Ferguson, Abe Goldman, Bob Spiegel, John Wohlmuth Civic Arts Committee - Paul Kroonen, John Norman Community Library Committee - Beth Ash, Madelin Ferguson, Stephanie Weinberg Housing Advisory Committee - Jim Richards Parks & Recreation Commission - Maria Neatherton, Donna Peat 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Planning Commission - Jim Ferguson Police Advisory Committee - Duke Baker, William Bernstein, Dale Gribow, Harry Hoyt, Warren Johansen, Ben Reinhardt, Lenita Richards, Robert Sandifer, William Scott, Doug Simmons, Bill Tennison, Winfield Van De Mark, Rick Vincent, Mary Wright Promotion Committee - Piper Close, Robert Evans, David Panullo, Nate Scharff Sister Cities Committee - Gus Jones Mayor Benson thanked the Committee/Commission members again on behalf of the City Council for the time they gave to the community. XIV. PUBLIC HEARINGS None XV. ORAL COMMUNICATIONS - B MR. DENNIS CHAPPELL, 41-170 Carlotta, Palm Desert, commended the City of Palm Desert, the City Council, and staff for doing a good job and focusing on what is good for the local community. He said he was proud to be a resident and business owner in Palm Desert. XVI. ADJOURNMENT Mr. Erwin stated that during Closed Session, the City Council (by a 4-1 vote, with Councilman Kelly absent) approved an Agreement Terminating Cooperative Agreement with the Housing Authority of the County of Riverside relative to the acquisition of 725 rental housing units by the Palm Desert Redevelopment Agency. He said the City Clerk had a report describing the substance of the agreement, available for public inspection. He noted the Agreement Terminating Cooperative Agreement was now public record. Mr. Erwin stated that also during Closed Session, the Redevelopment Agency Board (by a 4-1 vote, with Member Kelly absent) approved a Settlement Agreement and Mutual Release with the Housing Authority of the County of Riverside. He said the Agency Secretary had a written report describing the substance of the agreement, available for public inspection. He added that the Settlement Agreement and Mutual Release was now a public record. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE: Councilman Kelly arrived at 6:30 p.m. during Closed Session. - Upon motion by Crites, second by Spiegel, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 7:10 p.m. ATTEST: 7/SHEILA R. GILL,IGAN, C CLERK CITY OF PALM DESERT; CALIFORNIA AN M. BENSON, MAYOR 24