Loading...
HomeMy WebLinkAbout1999-04-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:01 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Mayor Robert A. Spiegel IV. ROLL CALL present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites arrived at 4:13 p.m. Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, ACM/Director of Administrative Services David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, RDA Executive Director Ben Godfrey, Acting Director of Building and Safety Gregg Holtz, Engineering Manager Steve Smith, Planning Manager J. Luis Espinoza, Finance Operations Manager Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 25, 1999. This item was removed for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. S AGAINST THE CITY TREASURY - Warrant Nos. 45, 46, and — 45PD Office Complex . Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Alice Ying Chou and Liming Liu for Ni Hao Restaurant, 42-305 Washington Street, Suite D, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dante Gabriel Nunez, Dante J. Nunez, and Maria Dolores Nunez for Mamacita's, 74-991 Velie Way, Suite 4, Palm Desert. Rec: Receive and file. E. PORTFOLIO MASTER SUMMARY for the Period Ending February 28, 1999. Rec: Receive and file. F. MINUTES of the Investment & Finance Committee Meeting of February 17, 1999. Rec: Receive and file. G. REQUEST FOR APPROVAL of Contract with ASL Consulting Engineers for Engineering Services at the Desert Willow Golf Resort (Contract No. C15740). Rec: By Minute Motion, approve the contract with ASL Consulting Engineers, Palm Springs, California, for engineering services to provide domestic well site modifications on the Desert Willow Golf Resort Project in the amount of $2,100, plus $117.24 for reimbursables, and appropriate such amount from the City's Unobligated Funds. H. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization. Rec: By Minute Motion, declare the various pieces of computer equipment described in Exhibit "A" of the staff report as surplus and authorize disposal. I. RESOLUTION NO. 99-31 - 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 (February 1999). Rec: Waive further reading and adopt. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR APPROYAT, of Retail Sales Price for the Landscape Maintenance Manual. Rec: By Minute Motion, approve a retail price of $11.95 for the Landscape Maintenance Guide. K. CONSIDERATION of the Audited Financial Reports for the Desert Willow Golf Resort and Palm Desert Recreational Facilities Corporation for the Fiscal Year Ending June 30, 1998. Rec: Receive and file. L. CONSIDERATION of the Management Letter on the Internal Control Review of Kemper Sports Management, Inc. Relative to the Audit of the Desert Willow Golf Resort for the Fiscal Year Ending June 30, 1998. Rec: Receive and file. M. REQUEST FOR APPROVAL of CIF Southern Section's Use of the Desert Willow Golf Resort for Central Individual Regionals. Rec: By Minute Motion, ratify approval of CIF Southern Section's Use of Desert Willow on Monday, May 17, 1999, for their Central Individual Regionals. NOTE: THE FOLLOWING iruttx, ITEMS WERE POSTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. N. REQUEST FOR APPROVAL, of Audio/Lighting Services for "Haute Nites, Cool Sounds" 1999 Summer Concert Series. Rec: By Minute Motion, authorize the preparation of a purchase order in the amount of $14,000 with Musicians Outlet, Palm Desert, California, to provide audio/lighting services for the 10 scheduled "HAUTE NITES, COOL SOUNDS" 1999 Summer Concerts scheduled to be held in the Palm Desert Civic Center Park Amphitheater. O. REQUEST FOR APPROVAL of Funding Agreement for McCallum Theatre Institute "Master Street Painter" Program (Contract No. C15730). Rec: By Minute Motion, approve the subject agreement with McCallum Theatre Institute for the "Master Street Painter" Program in the amount of $30,000, as approved at the March 25, 1999, City Council Meeting. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REQUEST FOR APPROVAL of Agreement with the National Crime Prevention Council for --Y Workshops to be Presented to the Public Safety Commission (Contract No. C15750). Rec: By Minute Motion, approve the subject agreement with the National Crime Prevention Council in the amount of $10,396, as approved at the January 14, 1999, City Council Meeting. Councilman Ferguson requested Item A be held over for separate consideration under Item VII, Consent Items Held Over. Upon a motion by Councilman Kelly, second by Councilman Ferguson, and 4-0 vote of the City Council with Mayor Pro-Tempore Crites ABSENT, Consent Calendar Items B through M were approved as presented. Following the arrival of Mayor Pro-Tempore Crites, the items listed on the Agenda Addendum, Items N, 0, and P, were considered and the following action was taken. Councilman Kelly moved to, by Minute Motion, approve Consent Calendar Items N, 0, and P. Motion was seconded by Councilmember Benson and carried by unanimous vote. VII. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of March 25, 1999. Councilman Ferguson said Mrs. Gilligan had informed him that the Minutes were incomplete; therefore, she requested they be continued. Councilman Ferguson moved to continue Minutes of the Regular City Council Meeting of March 25, 1999, to the meeting of April 22, 1999. Motion was seconded by Mayor Spiegel and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. VIII. RESOLUTIONS A. RESOLUTION NO. 99-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SUPPORTING THE ESTABLISHMENT OF THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT. Councilman Ferguson stated he had specific questions for Mayor Pro-Tempore Crites, who was the person with the necessary knowledge regarding the subject resolution. With Council concurrence, Mayor Spiegel continued this item until after the arrival of Mayor Pro-Tempore Crites. Following the arrival of Mayor Pro-Tempore Crites, the following discussion and action occurred. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites noted that Coachella Valley Mountains Conservancy Associate Director Katie Barrows was in attendance to answer questions. Mr. Ray Janes, Management Analyst II, noted the staff report in the agenda packets regarding the designation of the Santa Rosa and San Jacinto Mountains National Monument. He stated the designation would be a multi -agency effort governed by the Bureau of Land Management (BLM), the Coachella Valley Association of Governments (CVAG), and the Mountains Conservancy. He said there were a couple of issues examined-- private land, flight paths, and communication towers— and all the agencies felt that none of those issues would be negatively impacted. Additionally, he said he spoke with Congresswoman Bono's staff, noting the Farm Bureau was the only agency with negative comments. Mr. Janes said he then spoke with Mr. Dennis Hollingsworth of the Farm Bureau this afternoon, and he provided the Council with a supplemental report outlining that conversation. He said their concerns with the designation were: 1) The federal designation of a national monument, should it occur, wouldn't be needed to secure funding for bighorn sheep, which Mr. Hollingsworth felt was somewhat driving the proposal; 2) the federal government was not necessarily a good neighbor, hadn't been in the past, and wouldn't be in the future, especially to local private landowners; and 3) if the monument designation went through, the next designation would be a national park, and Farm Bureau was concerned that there would be associated restrictions on hiking and hunting. Mr. Janes noted that CVAG was currently working on a multi -species plan, something they'd been asked to do in connection with this issue, and completion was anticipated for February 2000; he stated this could be a component of the management plan, which would be a requirement of the legislation. He commented that the overall management plan would have to be completed four years after the bill's enactment. Councilman Ferguson asked Mayor Pro-Tempore Crites what benefits would be obtained by the National Monument designation other than its being highlighted as such on a map. Mayor Pro- Tempore Crites responded that the legislation called for, within four years, an integrated management plan for the mountainous areas between State Parks, the U.S. Forest Service, and the BLM. He went on to say that currently, the area was managed according to elevation, as was much of the west. For instance, he said if the location was at 4,010 feet, it fell under Forest Service jurisdiction, at 3,900 feet it was the BLM, and the legislation's intent within a few years was to provide a common management unit-- one office to tend to the entire area from Idyllwild to the desert floor, and Anza/Borrego Park to Cabazon. He felt that would be beneficial for all parties concerned. Secondly, Mayor Pro-Tempore Crites said it raised the profile of the area. He said yesterday he spoke with Congresswoman Bono, and the Interior Committee was the recipient of many requests, such as those for staffing. With declining budgets for both the Forest Service and BLM, he stated those areas with the highest visibility, priority, and partnerships would be those 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * funded for items such as enforcement (i.e. Ranger patrols), archaeology, recreational aspects, and land acquisition. Thirdly, he said whether it was in the Palm Springs or the La Quinta area, a factor in the ability for certain private developments (i.e. Shadowrock) to move forward was the capability to buy other critical habitat for certain species. He said the BLM, Forest Service, and State agencies believed that if the visibility was raised, the acquisition of funds was more likely, making the acquisition of land more likely, which would aid in the avoidance of such public/private conflicts which beset some of Palm Desert's neighbors on the west side of the mountains. Councilman Ferguson asked how the Shadowrock project would be impacted, since he thought the resolution read that no private property rights would be affected. Mayor Pro-Tempore Crites answered that if more and more habitat existed, it would be easier to allow developments, such as Shadowrock, in private areas. He said they were ensuring that in areas where there was a seller of such property, it could be purchased and placed into the bank of land for the protection of habitat, enabling Shadowrock, and at least one other in the Palm Springs area, to possibly move forward because of the things which would be changed on federal land. Upon question by Councilman Ferguson, Mayor Pro-Tempore Crites answered that Congresswoman Bono was supportive of the designation before the Desert Sun's encouragement, and she remained so afterwards. Councilmember Benson moved to waive further reading and adopt Resolution No 99-30. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. Mayor Pro-Tempore Crites commented for the record that he felt it wasn't the Farm Bureau speaking, but their representative for this area. He felt their opposition was based on philosophical reasons, as they had opposed the National Scenic Area, the multiple species planning efforts, etc.; they had consistently held such a position, but had nothing particularly against this issue. B. RESOLUTION NO. 99-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 92-93 TO RESTRUCTURE THE SISTER CITY COMMiI l= AS A SUBCOMMii J.= OF THE CIVIC ARTS COMMITTEE AND TO ESTABLISH GOALS AND OBJECTIVES FOR SAID SUBCOMIVu Mrs. Gilligan noted that this item was also something of interest to Mayor Pro-Tempore Crites and that he had specific input to share with Council. With Council concurrence, Mayor Spiegel continued this resolution until after the arrival of Mayor Pro-Tempore Crites. Following the arrival of Mayor Pro-Tempore Crites, the following discussion and action occurred. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mrs. Gilligan said she and Ms. Pat Scully, Community Affairs Specialist and liaison to the Civic Arts Committee, had been jointly working on the Sister City issue. She said staff felt that in order to make a more concerted effort in monitoring Sister City activity, it would be better served by becoming a subcommittee of Civic Arts. She commented that the Civic Arts Committee was the entity responsible for cultural activities within the City and making recommendation to the City Council on such matters; therefore, it seemed the logical body of oversight. She said staff struggled somewhat with the issue because there was not a consensus amongst Council for the direction and visibility of this activity; staff wondered how much attention it merited, how much money should be budgeted, was a subcommittee desired, and if other Sister Cities should be sought. Therefore, she said the resolution being considered was relatively generic, and staff welcomed Council input on what it felt the Sister City program should be. Mayor Pro-Tempore Crites stated he had asked for the subject consideration, as representatives from Palm Desert's Sister City Gisborne would be visiting in the near future. He noted that Councilman Ferguson attended a conference several years ago, returning with a substantial number of issues, and interest in the activity had ebbed and flowed since that time. Therefore, he suggested to Mrs. Gilligan that the issue be agendized, with staffs best recommendation for the future, making sure that the majority of those involved were those from the community who were not already involved with the City, and a time line deemed appropriate by the Council. He said if it was then determined no interest existed, the issue could be dropped. Councilmember Benson commented that she also attended a couple of conferences, including the one held in Palm Desert. She said in visiting with those cities who had Sister City programs, the most successful were those which were strictly community based, without connection to the city. She felt this program had been contentious ever since Gisborne said Palm Desert wasn't putting enough money into the program, etc.; and as far as Osoyoos, she said it was found most of them just wanted to visit Palm Desert to play golf, nothing cultural resulted. She felt that if it was going to exist, it should be under Civic Arts; however, she didn't even think it should be there-- the program should be community based, and until someone came forward to make that happen, the City should not pursue the issue. She noted that when she attended the international conference in San Diego, she learned many other cities' programs were highly funded; whereas Palm Desert's wasn't. She felt the City's money would be better spent in other areas. Councilman Kelly felt it was a good idea to make the activity a subcommittee of Civic Arts. He noted that Palm Desert never really had good citizen interest in a particular place, even though there was general interest in helping with the Sister City Program. However, he felt that since there was now interest, it should be pursued with a connection to the City to encourage further development. Councilmember Benson agreed that if pursued, it should be under Civic Arts; however, she still disagreed that it should be pursued. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson stated the Sister City Committee was the first he served on in Palm Desert, and at that time the Mayor Pro Tem served as liaison, who happened to be current Mayor Pro Tem Crites. He disagreed with Councilmember Benson that enough effort had been exerted on the program-- noting that every staff member since his term had left the City. He referred to the aforementioned memo he wrote, providing an analysis of all the Sister City relationships in Southern California, highlighting the most successful were in Santa Barbara and San Diego. He noted none of those were funded by the city, all were under the office of the mayor to provide an official imprimatur to other cities and countries, but driven by the community's residents. He said as the official in charge of international trade in Arizona, he used Sister State and Sister City relationships to foster economic development and cultural exchanges. He felt that Osoyoos and Gisborne were two great cities, and even though interest in them would ebb and flow over the years, he felt the worst thing the City could do would be to sever those relationships because of the lack of an organized, Council directed, staff led drive to ensure success. He was pleased that Ms. Scully was working on the program, as he felt she had the necessary energy and enthusiasm. As far as specific direction, he suggested that his four-year old memo be reviewed, revisiting Santa Barbara and San Diego to see if what he observed then was still true today, returning to the Council with a recommendation on how to best move forward. Councilmember Benson commented if that was the case, the activity also needed to be budgeted to ensure success. Councilman Kelly concurred. Mayor Spiegel said he personally couldn't see the benefit to the City; whereas, he felt money spent in the park, on the soccer fields, or on police services was well spent. Unfortunately, he said he'd never been to either Gisborne nor Osoyoos; but he knew that the Canadian affiliate had pretty much dropped the ball, and now they wanted to pick it back up. He said he hadn't seen anyone from New Zealand in a couple of years, and he felt citizens' money shouldn't be thrown at something unproductive. Additionally, he felt that as was done with the other City committees and commissions, there should be continuity with a particular Councilmember assigned and change only occurring every couple of years. He reiterated that he failed to see the benefit at this time. Councilman Kelly responded that he felt world understanding was better served at the grassroots level rather than by Washington officials, likening it to the Rotary Foreign Student Exchange y. e,.a... that he personally experienced and felt worthwhile. Mayor Spiegel concurred that in such a light, he wholeheartedly agreed; however, he hadn't observed anything tangible being realized by the City. Councilman Ferguson said he also wholeheartedly agreed with Councilman Kelly. He felt Sister Cities International had over 1,200 relationships throughout the United States because they were valuable; however, they were invaluable if unattended. He said since he went to Osoyoos with Carlos over two years ago, he didn't believe any sort of expenditure was made on the program, other than hosting the conference in Palm Desert over a year ago; therefore, he didn't feel 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * taxpayers' money was wasted. He felt the program suffered from apathy more than anything else. He felt Ms. Scully, with her background knowledge of the City and its philosophy, should look at Santa Barbara and San Diego and return with what she felt the merits of those programs were and how they could be applied to Palm Desert; or if no benefit was foreseen, then there was an information base from which to decide. Upon question by Mayor Spiegel, Councilman Ferguson stated the two most successful programs he observed were community driven under the auspices of the mayor's office in both cities, and no cost was borne by either city. He said at the time, he felt that was a good way to administer the program and suggested Palm Desert follow suit; however, he realized that was then and this was now. Personally, he liked Canada's participation in the annual Golf Cart Parade, as he felt there was much benefit realized by students and residents, alike. He didn't feel the expenditure for this activity was exorbitant compared to other activities the City deemed beneficial. Mrs. Gilligan commented that the City had participated in some valuable exchanges with Gisborne-- the Student Art & Essay Contest exchange, an exchange with Steven McGrath who worked in Palm Desert for three or four months, and then Dick Folkers' travel over there. She added that Catherine Sass went to help Gisbome establish its own Art In Public Places program. Therefore, she said if staff was going to undertake the program, she felt that was the direction it would follow— fostering productive relationships with existing or new Sister Cities. She felt the first step would be to investigate how such success would be achieved, and this would be done with the subcommittee. Mayor Pro-Tempore Crites moved to give conceptual approval to placement of the Sister City program under the Civic Arts Committee, directing staff to return to Council with appropriate specific direction based on its review of successful Sister City programs in California and reviewing the program with the Civic Arts Committee. Mr. Wohlmuth commented that he was on the committee which drafted Sister City's bylaws, and from its perspective at that time, one of the issues examined was that there were one or two Councilmembers interested in hosting Osoyoos or Gisborne representatives when they visited Pain Desert, and there were one or two Councilmembers who visited Osoyoos. Therefore, he said the position was rotated because there was a certain responsibility, including time and money, accepted in that capacity, and the committee determined the assignment should be rotated through the Council. Mayor Pro-Tempore Crites amended his motion of conceptual approval to include the provision that a designated Councilmember(s) be assigned as liaison to the proposed subcommittee. Councilman Ferguson noted that the problem incurred with rotating the Mayor Pro Tem was twofold: 1) If the Councilmember wasn't particularly interested, the Committee would suffer for a year; and 2) the Mayor Pro Tem would organize junkets for his/her Mayorship in the next 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * year, and he felt there was a reluctance to participate in making such recommendations for fear — of a negative reflection. Councilmember Benson suggested it should be the Mayor since that position rotated on a yearly basis. However, Mayor Spiegel pointed out, agreeing with Councilman Ferguson, that if the Mayor wasn't particularly interested, then the committee suffered. Upon question by Councilman Ferguson, Mrs. Gilligan responded that 60 days would be adequate to accomplish the aforementioned investigation and review. Mayor Pro-Tempore Crites added that representatives from Gisbome would be visiting in approximately three weeks, and they could be solicited for their input. Motion was seconded by Councilman Kelly and carried by 4-1 vote with Councilmember Benson voting NO. IX. ORDINANCES Forintroduction: None For Adoption: A. ORDINANCE NO. 908 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM O.S. (OPEN SPACE) TO R-1 (SINGLE-FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT 40-752 PORTOLA AVENUE OR THE SOUTHEAST CORNER OF PORTOLA AVENUE AND SILVER SANDS PARKWAY Case No. C/Z 98-8 (U. S. Home Corporation, Applicant). Mrs. Gilligan noted that Community Development Department staff pointed out the agendized recommendation was to continue Ordinance No. Da to the meeting of April 22, 1999. Upon Council's questioning why the matter would be continued, Mr. Smith responded that the Applicant was continuing to work with adjacent property owners and needed additional time. Councilman Ferguson recalled that there was one gentleman who favored keeping the park, wondering if the City was now asking the Applicant to go back and please that gentleman. Mr. Smith answered no, it was the Applicant who requested the item be continued to April 22. Councilman Ferguson moved to, by Minute Motion, continue second reading of Ordinance No. 2Q to the meeting of April 22, 1999. Motion was seconded by Councilman Kelly and carried by 4-0 vote with Mayor Pro-Tempore Crites ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. REQUEST FOR APPROVAL, OF DISBURSEMENT OF ART IN PUBLIC PLACES FUNDS FOR 'lliE MARRIOTT COURTYARD/RESIDENCE INN PROJECT ARTWORK. Mrs. Gilligan reported that City policy for disbursement of Art In Public Places (AIPP) funds had been such that when a developer chose to place art on his own, he was reimbursed following the placement. She said Mr. Swank had come to the City requesting a variance from that policy, making incremental payments to him so that he could pay his artist likewise. She noted that the fees had already been paid into the fund through the building permit process for the project. Therefore, she said staff recommended this first-time approval of the subject disbursement procedure, rather than waiting for two or three months following placement of the artwork. Councilman Kelly moved to, by Minute Motion: 1) Approve a fifty percent (50%) disbursement ($41,825) of the Art In Public Places (AIPP) funds paid by Bill Swank/Desert Cities Development for the Marriott Courtyard/Residence Inn project to the artist, William Ware; and 2) approve a twenty-five percent (25 %) disbursement of AIPP funds in 90 days with the final twenty-five percent (25 %) to be paid upon City Council's approval of the completed work, pursuant to Palm Desert Municipal Code Chapter 4, Section 4.10.080. Upon question by Councilman Ferguson why the subject procedure wasn't always followed, Mrs. Gilligan replied that staff agreed this was a better method. She went on to say that just prior to Mr. Nagus' leaving the City's employ, a revision to the ordinance which would effect such a policy was being prepared for consideration by the AIPP Commission; and she anticipated it would be brought before AIPP after the new Community Arts Manager was on board. Motion was seconded by Mayor Spiegel and carried by 4-0 vote with Mayor Pro-Tempore Crites ABSENT. B. CONSIDERATION OF PROPOSED STATE LEGISLATION (AB83, SB1200, AB223, AND SB307). Councilman Kelly commented that the City's opposition to AB83 was not because of the loss of $125,000 worth of revenue. Councilman Ferguson added that AB83 was a bill which exempted a city's ability to regulate home -based businesses, adding that he and Councilmember Benson spent considerable time developing the ordinance which brought affected parties into compliance. Councilman Kelly said the City's opposition to the bill was for the protection of its citizens, not money. Mayor Spiegel concurred. Councilman Kelly moved to, by Minute Motion: 1) Oppose AB83 and SB1200; 2) support AB223 and SB307; and 3) direct staff to draft letters for the Mayor's signature to the California Assembly and 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL8,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Senate expressing the opposition and support of the respective bills. Motion was seconded by Mayor — Spiegel and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. XI. CONTINUED BUSINESS None XII. OLD BUSINESS None XIII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies None 2. Progress Report on Desert Willow Clubhouse Facility None B. CITY MANAGER None C. CITY ATTORNEY Mr. Erwin requested a brief Closed Session, at an appropriate time, for the posted items, and he asked for Council's consideration of adding the following item to the agenda: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 1) Property: 5.11 Acres in the Cahuilla Hills, Palm Desert, California (APN 628-130-011) Negotiating Parties: Agency: Ramon A. Diaz/City of Palm Desert Property Owner: Carlos Vigon Under Negotiation: .g Price g Terms of Payment Mayor Spiegel moved to add the aforementioned item to the agenda. Motion was seconded by Councilman Kelly and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1) Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC106461. Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: .2_ NOTE: THE FOLLOWING ITEM WAS POSTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. Public Employment pursuant to Government Code Section 54957: Titles of Positions: City Clerk City Manager Redevelopment Agency Executive Director City Attorney 2) Report and Action on Items from Closed Session Made at This Meeting. None Note: Mayor Pro-Tempore Crites arrived at 4:13 p.m. D. CITY CLERK 1. Reminder of Adjourned Joint Meetings. Mrs. Gilligan reminded Councilmembers to adjourn their meetings today to 4:00 p.m. tomorrow, Friday, April 9, 1999, for an adjourned joint meeting of the City Council/RDA to review artwork for the Desert Willow Clubhouse. Additionally, she said that meeting needed to be adjourned to 2:30 p.m. on Thursday, April 22, 1999, for an adjourned joint meeting to review insurance. 2. Visitor Information Center Merchandise Mrs. Gilligan asked Ms. Donna Gomez, Visitor Information Center (VIC) Coordinator, to display the new merchandise being sold at the Center. Mrs. Gilligan said that two-thirds of the merchandise was now in at the VIC, and she highlighted the Palm Desert logo, which was designed by Publicity Unlimited specifically for the 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * wind breakers, hats, golf shirts, and sweatshirts. She went on to say that coffee mugs, license plate frames, key chains, and refrigerator magnets would be available in the very near future. She said an announcement was made in the last Bright Side, and ads were being placed in the Desert Sun to announce Palm Desert merchandise availability at the Center. Upon question by Mayor Spiegel, Mrs. Gilligan confirmed that Desert Willow merchandise would also be sold at the VIC. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Repo: 1. Southern California Association of Governments (Councilman Richard S. Kelly) Councilman Kelly reported he just returned from SCAG's General Assembly, where he said a resolution was passed for inclusion in the regional transportation plan. He said one of the objectives of that plan was to have rail service from Los Angeles to the Coachella Valley, which hadn't previously been included in the general plan, thereby precluding it from the receipt of funding. Councilman Kelly went on to say he had also attended a seminar regarding affordable housing and found out Palm Desert's efforts were outstanding. 2. CVAG Energy & Environment Committee (Mayor Pro-Tempore Buford A. Crites) Mayor Pro-Tempore Crites stated that at the CVAG Energy & Environment Committee meeting, the Cities of Indio and Coachella made mention of their new joint powers authority (JPA) with transfer station in the east end of the valley, and they indicated interest in participation by other cities. He reported the initial phase of the project would handle approximately 500 tons per day, with those two cities' combined probable usage of 200 tons per day. He responded to the Committee that Palm Desert would be looking at its whole contract next year, and he felt that would be an appropriate part of such a discussion. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Palm Desert Library (Mayor Robert A. Spiegel) Mayor Spiegel commented that he and Councilmember Benson were at the Library yesterday for dedication of the new Childrens' Section there. As a result of the recent improvements, he said it now was an outstanding facility. He had high praise for Ms. Michelle Jamieson and the excitement her designs brought to the Childrens' Section at a modest stipend. 4. Palm Desert Board of Realtors (Mayor Robert A. Spiegel) Mayor Spiegel stated this morning he spoke to the Palm Desert Realtors about activity within the City. He enlisted the assistance of Messrs. Steve Smith and Martin Alvarez of the Community Development Department, who put together an exceptional map illustrating the current status. He praised their efforts on his behalf, and he provided a copy of it to each Councilmember. With Council concurrence, Mayor Spiegel returned to Item VDT, Resolutions. Please see that portion of the Minutes for discussion and action. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVI. PUBLIC HEARINGS None 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 8, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Upon a motion by Councilman Kelly, second by Mayor Spiegel, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 4:55 p.m. He reconvened the meeting at 6:50 p.m., with no action announced from Closed Session, and immediately adjourned to 4:00 p.m. Friday, April 9, 1999, for a Joint Meeting of the City Council/Redevelopment Agency. ATTEST: SHEILA R. "GILIGAN, C CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYOR 16