HomeMy WebLinkAbout1999-02-25MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 25, 1999
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I. CALL TO ORDER
Mayor Spiegel convened the meeting at 4:01 p.m.
H. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Robert A. Spiegel
Also Present:
Ramon A. Diaz, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, Director of Community Affairs
Richard J. Folkers, ACM/Director of Public Works
John M. Wohlmuth, ACM/Director of Administrative Services
Carlos L. Ortega, RDA Executive Director
Patrick Conlon, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Teresa LaRocca, Housing Manager
Rachelle D. Klassen, Deputy City Clerk
III. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of February 11, 1999.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 39 and 40.
Rec: Approve as presented.
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C. CLAIM AGAINST THE CITY (0380) by Richard Rodney in an Unspecified Amount.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the
Claimant.
D. CLAIM AGAINST THE CITY (#381) by Ralph Goldfreed in the Amount of $85,000.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the
Claimant.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by House of Brews, Inc. for
Rose Tattoo, 72-185 Painters Path, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Frank Yturralde and
Marzihe Yturralde for Giuseppe's, 73-460 Highway 111, Palm Desert.
Rec: Receive and file.
G. MINUTES of Commissions and Committee Meetings.
1. Citizens' Advisory Committee for Project Area No. 4 Meeting of January 12, 1999.
2. Civic Arts Committee Meeting of January 11, 1999.
3. Housing Commission Meeting of January 13, 1999.
4. Library Promotion Committee Meeting of January 13, 1999.
Rec: Receive and file.
H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Fabrication and
Installation of Wrought Iron Fencing Around the Civic Center Park Date Grove (Contract
No. C15590).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract for Landscape Maintenance
Services for Consolidated Maintenance Area No. 5 (Sports Facilities) (Contract No. C15040)
Rec: By Minute Motion, approve Change Order No. 1 to the subject contract with
Kirkpatrick Landscaping Services, Inc., Indio, California, in the amount of
$11,800.
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J. REQUEST FOR ACCEPTANCE OF WORK for the Bikepath Improvements at the
Whitewater Channel and Cook Street (Contract No. C14790, Project No. 690-98) (Granite
Construction Company).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
K. REQUEST FOR AUTHORIZATION to Release Mass Grading Improvement Security for
Tract No. 25296 (Bighorn Development, L.P./Winmar Palm Desert, L.L.C., Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject improvement
securities.
L. REQUEST FOR APPROVAL of Contract with Resource Management Alliance to Provide
Comprehensive Training on Harassment and Anti -violence in the Workplace (Contract
No. C15600).
Rec: By Minute Motion: 1) Authorize the Mayor to enter into a contract with Resource
Management Alliance, San Diego, California, for comprehensive training on
harassment and anti -violence in the workplace; and 2) &vim ,i,.:Late $8,200 from the
general fund unobligated reserves for same.
M. REQUEST FOR APPROVAL of Sponsorship of Reception for Players, Coaches, and Other
Invited Guests of the Newsweek Champions Cup/Evert Cup.
Rec: By Minute Motion, approve an expenditure of $4,000 from Account
No. 110-4416-414-3061 to sponsor a reception for players, coaches, and other
invited guests of the Newsweek/Evert Tennis Event on March 6, 1999, at the
Gardens on El Paseo.
N. REQUEST FOR APPROPRIATION OF FUNDS for Merchandise to be Sold at the Palm
Desert Visitor Information Center.
Rec: By Minute Motion, appropriate $25,000 from unobligated funds to Visitor
Information Center Cost of Goods Sold Account No. 110-4419-453-8012 for the
procurement of merchandise to be sold at the Center.
Upon a motion by Councilmember Benson, second by Councilman Kelly, and unanimous vote of
the City Council, the Consent Calendar was approved as presented with Councilmember Ferguson
ABSTAINING from the vote on Item J due to a conflict of interest.
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IV. CONSENT ITEMS HELD OVER
None
V. RESOLUTIONS
A. RESOLUTION NO. 99-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 98-74, SALARY
SCHEDULE, RANGES, AND ALLOCATED POSITIONS FOR THE DIRECTOR OF
COMMUNITY AFFAIRS/CITY CLERK.
Councilman Kelly moved to waive further reading and adopt Resolution No 99-20. Motion was
seconded by Councilman Ferguson and carried by unanimous vote.
VI. ORDINANCES
With Council concurrence, Item C of Ordinances for Adoption was considered prior to the
remainder of Item VI, Ordinances. Please see that portion of the Minutes for discussion and
action.
For Introduction:
A. ORDINANCE NO. 902 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.56 OF THE CODE OF THE
CITY OF PALM DESERT RELATING TO THE CONTROL OF CURFEW AND
TRUANCY OF PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS.
Mrs. Gilligan called attention to the staff report contained in the agenda packets, noting that
the matter had come before the City Council at its December meeting. She stated that the
ordinance had been originally recommended by the Public Safety Commission, by a 4-1 vote,
for City Council adoption with a 10 o'clock curfew, and the Council expressed its concern
whether sufficient input from those to be impacted (students) had been obtained. She said staff
agreed it had not; therefore, the matter was returned to Public Safety. She added that the City
Manager and the Mayor made an attempt by meeting with representatives of the student body
of both the high school and the middle school, which was followed the next day by a Public
Safety Commission public hearing. She concluded by stating that it was the Public Safety
Commission's recommendation that the City Council adopt the ordinance with a 12:01 a.m.
rather than 10:00 p.m. curfew, feeling it was more fair and better met the needs of those
affected. She attempted to contact the Deputy District Attorney who wrote the model
ordinance for his participation in the Public Safety Commission meeting, but she was unable
to reach him for that scheduling. However, she made arrangements for his appearance at this
meeting, but noted that he had not yet arrived. She believed some of the Councilmembers had
questions as to why the County chose a 10 o'clock curfew, and he would be able to answer
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those. Otherwise, she said it was the recommendation of both staff and the Public Safety
Commission to introduce the curfew ordinance with a 12:01 a.m. curfew.
Mayor Spiegel suggested the item be continued for 30 minutes in order to allow the Deputy
District Attorney to arrive at the meeting.
Mr. Erwin stated that if held until later, he would then respond to the questions raised by
Councilman Ferguson at the Public Safety Commission meeting Mayor Pro-Tempore Crites
stated that he did not find a home schooling exception under the "Truancy" portion of the
ordinance and asked if this might also be addressed at that time.
With Council concurrence, Ordinance No. 02 for Introduction was continued until the Deputy
District Attorney arrived. Following the arrival of the Riverside County Deputy City Attorney; the
following discussion and action occurred.
MR. TAMES E. CURTIS IQ, Riverside County Deputy District Attorney, stated he was aware
that the Palm Desert Public Safety Commission recommended the of an ordinance; however,
he was unaware of the particulars thereof.
Mayor Spiegel, Councilman Ferguson, and Mr. Erwin informed Mr. Curtis that the City had
utilized the County's model with a midnight curfew instead of 10:00 p.m.
MR. CURTIS stated that he was the individual responsible for drafting the County's model.
He reported that the idea behind the County's ordinance and its 10 o'clock hour was a
combination of what Riverside had done before with its preexisting ordinance, what other
cities around the region and around the country had done, along with careful review of the
crime statistics numbers which were generated by the Sheriffs Department (showing trends
of night time activity). He stated that information was gathered from the perspective of his
own experience in juvenile court where the typical curfew used on the delinquency side of
juvenile court was 10 o'clock, adding that he didn't have a quantifier for which factor weighed
the most, but these were the factors behind his model ordinance.
Mayor Spiegel commented that he, Councilman Ferguson, and staff met with exemplary
students of Palm Desert's middle and high schools, and these students indicated, particularly
the high school students, that it was their parents who provided the curfew, not the City. He
went on to say those students said that on a Saturday evening they were expected home by
midnight, which was what they abided by. He said that in talking to another community's
chief of police, he indicated from their standpoint, if a student or person under the age of 18
was out in the evening after a movie that ended at 11, followed by a stop at McDonald's, and
then went home, that person would not be stopped. Mayor Spiegel said that from his point
of view that amounted to selective enforcement. He noted that last year the City of Palm
Desert had an ordinance which stated the curfew was 10 o'clock, just like the County had
presently, and there were no citations issued to any of the 35,000 Palm Desert citizens,
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doubting all residents under 18 were home at 10 o'clock at night. Therefore, he said after
talking to the students, he felt it was difficult to agree with a 10 o'clock hour that basically
was not enforced by parents of good students, which was why the matter went to the Public
Safety Commission, and was back before the Council at this meeting where the Deputy City
Attorney was asked to provide the County's reasoning.
MR. CURTIS responded that he understood and appreciated the situation. He stated that the
idea behind the County ordinance was not to have any sort of rigid, inflexible piece of
legislation that would be the same way in every community. In fact, he said the federal
courts' decisions and rulings on the constitutional validity of those ordinances specifically
addressed the issue of "cookie cutter" types of ordinances, meaning that one ordinance from
another city, in this case the County, was simply put into place in the municipality. He said
the justices specifically struck down a case out of Washington, DC, the Hutchinson Case (one
of the main cases directing all of the draft legislation in this area) because they had simply
taken the Dallas ordinance (considered to be the model ordinance) and substituted Washington,
DC, police for Dallas police, etc., keeping every other element the same. He said the
ordinance was struck down because the court said that was not good enough; the ordinance had
to be tailored to the particular situation. Therefore, Mr. Curtis said he did not have a problem
with Palm Desert's midnight, since that was the need called for by the community. He stated
his only comment would be that in order to reach that determination, the court cases talked
about actually examining what was going on in the community in terms of kids' activity, and
it was the only guide he would give. He noted that the Sheriff's Department was incredibly
valuable with regard to the generation of numbers related to what type of crime happened ' at
what time of day Essentially, he said that during the daytime school hours juvenile crime was
relatively low, it went up dramatically right after school hours ended, and it went down later
in the evening when most kids were at home. Therefore, he said if just the peak hours were
taken into consideration, the curfew ordinance would be in effect at 3:00 p.m. Obviously, he
said that was unreasonable and the City would not want to impose it on the community; his
point being that what seemed reasonable for the community combined with the actual crime
statistics was what should be used as a guide, and if midnight resulted, so it would be. He
said the County's concern was not so much the times, even though similarity was preferred
with the understanding that it could lead to an invalid ordinance if an agency simply copied
the time or any exceptions, but the language and tenors of those exceptions could be similar
if the trends in juvenile activity and crimes were similar. He said this would also allow for
kids going from one place to another so that they would not be faced with drastically different
sets of rules, and that was the only sense of continuity his office wanted to achieve throughout
the County.
Councilman Ferguson observed that two issues which had not heretofore been publicly
addressed and were incacdible strictures the City was laboring under were: 1) The fact that the
City could not alternate times based upon the day of the week; and 2) the time could not be
staggered based upon the age of the child. He said his feeling for when a 12-year-old should
be out was very different than his feeling for when a 17-year-old should be out. He said the
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other concern of some of the Council and the Public Safety Commission was that the
ordinance that the County's was modeled after had been successfully challenged in another, city
based not upon its constitutionality on its face, but no articulated findings by the community
that there was a need giving rise to the ordinance. He added that with zero citations on a
10 o'clock loitering ordinance, he was hard pressed to find a compelling public need to send
the City's police out to pick up students at 10:01 p.m. Therefore, he said the City had to pick
a date when it was a crime for someone under the age of 18 to be out; and while he could
think of innumerable instances where it was bad parenting for that to happen, the threshold
the City thought «rr..,r.:ate to invoke its police power and the Sheriff's Department to take
action was midnight. He said that having Mr. Curtis speak to the Council today served two
purposes, one being that Palm Desert did not enact "cookie cutter" ordinances even for the
County and wanted to explain its thinking, and the second was to find out about the desired
uniformity of time. He noted that the Sheriff's Department had basically reaffirmed
Mr. Curtis' comments that it did not matter what time was selected, but uniformity was
preferred. He suspected other cities would be contacting the District Attorney's office in a
similar fashion, and he asked that Mr. Curtis share with them Palm Desert's process in
enacting the subject ordinance.
MR. CURTIS said he would do so, adding that his office welcomed such invitations for him
to speak to the people and provide input based on the amount of research and work he'd done
in this area. He asked Councilman Ferguson which ordinance he referred to that he said was
struck down.
Councilman Ferguson responded that it was a Superior Court case and that he would be happy
to provide Mr. Curtis with the city and date of the ruling, he had it in his file.
MR. CURTIS said that when he was asked to be at this meeting, the Monrovia case was
mentioned. He noted that the City of Monrovia's ordinance was struck down on constitutional
grounds.
Mayor Pro-Tempore Crites asked about the truancy daytime component and whether there was
a home schooling exception.
MR. CURTIS responded there was not. He said there was no specific mention of home
schooling because all students, no matter the type of schooling (home schooling, private
schooling, or public schooling), were still under the State requirement to attend school
between certain ages, not during certain hours, and that was the reason the language in the
daytime component of the County ordinance did not specify any time. He called Council's
attention to the daytime component of the ordinance, stating there was no time within which
the student shall be in school..."a student is in violation of the ordinance during the daytime
truancy hours, truancy hours being defined as the time in which that particular student is to
be in school." He said he drafted it that way to accommodate home schoolers, private
schoolers, alternative day individuals, kids who had varied tracks other than the normal
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September through June. He said it would be virtually impossible to draft all those exceptions
into the ordinance, trusting that the community had confidence in the method in which any
ordinance the City drafted would be enforced. He felt the officers in the community would
be fair, they knew the community, they knew the trends of what kids were doing; therefore,
they would know who should be coming/going, when and why, and so it was specific to the
individual child. He said for example, if someone appearing to be a child was stopped during
the clay, and the child responded by stating he was home -schooled, the District Attorney's
office did not contemplate any inquiry into whether or not the home or private school affidavit
was on file and whether legitimate teaching occurred according to the Education Code. He
said the officer would simply ask for the parents' telephone number, and a call would be made
to verify.
Mayor Spiegel expressed his and the Council's appreciation for Mr. Curtis' appearance at the
meeting, and Mr. Curtis stated he remained available for questions from the Council and
Mr. Erwin.
Mayor Pro-Tempore Crites said he personally appreciated the efforts of Mr. Curtis, as well
as the time and effort the Public Safety Commission had put into the issue. He noted that he
normally didn't get much input resulting from City Council decisions; however, in this case,
he had numerous parents who commended him and the Council for imposing midnight as the
curfew time and no negative comments were received. Additionally, he said his daughter felt
this was a much better approach.
Mayor Pro-Tempore Crites moved to concur with the recommendation of the Public Safety
Commission and waive further reading and pass Ordinance No. 202 to second reading, establishing
truancy regulations and a 12:01 a.m. to 6:00 a.m. curfew for persons under the age of 18 years in the
City of Palm Desert, further suggesting that Palm Desert tell its neighbors why it chose a midnight curfew
so that they may also look at that issue in their cities.
Councilman Ferguson said he also wanted to thank the students who participated in the
process, meeting with he and the Mayor, adding that they were quite enlightening. He noted
that the students were willing to accept 11 o'clock, but they did not feel 10 o'clock was fair
with reasons to support their stance. He said they recognized they weren't the aim of the
ordinance and knew the kids who were, yet they still felt 10 wouldn't work. He remarked that
the most compelling comment he heard was from the Palm Desert High School President who,
upon question, said his weekend curfew was midnight; and when asked if the City imposed
a 10 o'clock curfew what time he would obey, he said he would abide by his mom's rules.
He said that told him the City may be overstepping its bounds.
MR. CURTIS responded that the ordinance wasn't going to be utilized on those students
simply because they were out. He added that no matter what time was picked, there was
always going to be an allowance for children engaged in legitimate activity; his office was not
trying to step on that, they were simply trying to stem the tide and ensure that law enforcement
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had a tool for dealing with kids who wanted to do that which was other than legitimate
activity.
Councilman Ferguson seconded Mayor Pro-Tempore Crites' motion.
Mayor Spiegel commented that curfews were not written for good juveniles and that Palm
Desert was a small community in the middle of the Coachella Valley. He noted that he was
on the Public Safety Committee of the Coachella Valley Association of Governments, and in
that capacity, he was asking for uniform ordinances and codes; the rest of the cities in the
Valley had a 10 o'clock curfew, and while he felt he could maybe push them to 11 o'clock,
he doubted they would go to 12. However, he said he really didn't feel it was a City problem
or a City curfew but a Valley curfew. He added that he would vote in favor of the 12 o'clock
curfew because of the input received from Palm Desert children, and he hoped that the rest
of the Coachella Valley cities would carefully review the curfew ordinance and go along with
the City of Palm Desert.
Councilmember Benson hoped that the City would send out a letter to the other cities with a
short explanation as to why Palm Desert took the action it did and encourage them to follow.
Mayor Pro-Tempore Crites suggested that the cities at least visit with the youth and parents
in their community to determine whether or not an adjustment from their perception was
appropriate, adding that he felt that was the wisest action taken by Palm Desert. Mayor
Spiegel added that Palm Desert would encourage Mr. Curtis to visit Palm Desert's
neighboring cities, and he requested the City Manager and City Attorney to collaboratively
draft the aforementioned letter including all the points discussed.
The motion carried by unanimous vote of the City Council.
For Adoption:
A. ORDINANCE NO. 905 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88, ADDING CHAPTER 5.89,
AND ADDING CHAPTER 25.110 OF THb PALM DESERT MUNICIPAL CODE
REGARDING REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS AND
ADULT ENTERTAINERS.
Councilman Ferguson moved to waive further reading and adopt Ordinance No. 90. Motion Ikas
seconded by Councilmember Benson and carried by unanimous vote.
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B. ORDINANCE NO. 906 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, nib PALM
DESERT ZONING MAP, BY ADDING THE SENIOR OVERLAY DESIGNATION TO
75 ACRES SOUTHWEST OF PORTOLA AND COUNTRY CLUB DRIVE
Case No. C/Z 98-7, (Royce International Investments Company, Applicant).
Councilman Kelly moved to waive further reading and adopt Ordinance No. 906. Motion was
seconded by Mayor Pro-Tempore Crites and carried by unanimous vote.
C. ORDINANCE NO. 907 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND ROYCE INTERNATIONAL
INVESTMENTS COMPANY FOR A HEALTH AND WELLNESS RESORT KNOWN AS
PORTOFINO ON 75 ACRES SOUTHWEST OF PORTOLA AND COUNTRY CLUB
DRIVE.
Councilman Ferguson moved to waive further reading and adopt Ordinance No. QQZ. Motion was
seconded by Councilman Kelly and carried by unanimous vote.
VII. NEW BUSINESS
A. REQUEST FOR APPROVAL OF AMENDMENTS TO PALM DESERT RENT REVIEW
GUIDELINES.
Mr. Ray Janes, Management Analyst II and staff liaison to the Rent Review Commission,
called attention to the staff report within the agenda packets, recommending approval of the
proposed Rent Review Guidelines. He noted that Chairman of the Rent Review Commission,
Bill Adams, had planned to be in attendance and answer questions of Council; however,, he
had not arrived.
Councilman Ferguson commented that while understood the technical nature of the
amendments, he did not understand the perceived need which gave rise to them and what harm
would be avoided by changing them.
Mr. Janes responded that mobile home park owners had come in for hardship rent increases
on top of capital improvement increases, and staff felt a better definition needed to be made
between the two. He added that currently, the guidelines allowed for an increase of 75 % of
the CPI (Consumer Price Index), but with the maintenance of net operating income increase,
the proposed guidelines would be increased to 100% of the CPI rather than the 50% now
allowed.
Councilman Ferguson stated that as he read the amendments, he felt there was no incentive
provided to mobile home park owners to make improvements when the City was further
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restricting their ability to request an increase to cover same. Mr. Janes replied that the City
was trying to ensure a fair rate of return on parks, and he noted that the resolution included
in the staff report was actually drafted by Deputy City Attorney Doug Phillips who handled
Rent Review matters.
Councilman Kelly commented that as he understood the proposed guidelines, they provided
a way for a mobile home park owner to recover the cost of an improvement, such as
installation of sewer. Councilman Ferguson disagreed.
Councilmember Benson felt the proposed guidelines resulted from the last hearing of the Rent
Review Commission with a park, that some of the current guidelines were interpreted wrong
and had been for a number of years.
Mr. Janes stated that with regard to capital improvements, hardship, and discretionary
hardship, there were really two or three different types of increases that could be sought, and
he felt that they did result, somewhat, from the Silver Spur case. Councilmember Benson
thought it was the Indian Springs case where there was misinterpretation, according to her
neighbors, on capital improvements and the other where they had been calculated wrong. She
said this was what prompted the Deputy City Attorney to draft the subject changes to correct
the interpretation.
Councilman Ferguson stated he was focused on the guideline which stated, "The Rent Review
Commission proposed that the guidelines be amended to allow a park owner to apply for and
obtain capital improvement rent increase in the following situations and no other: 1) Upon
two-thirds vote of the tenants, or 2) by natural disaster."
Mr. Janes added that the third situation would be by law, if the park owner was required to
connect to sewer, or other such mandated improvement.
Councilman Kelly said he understood that provision as something added to give the park
owner opportunity to recover such a cost, but he questioned whether the owner of a mobile
home park with cesspools who wanted to install sewer had no way of recovering that
investment. Mr. Janes replied that the owner would be able to recover that cost.
Councilman Ferguson said he did not understand the provision that way-- he read it to say that
66 % of park residents had to agree before the City could be asked for a rent increase.
Mayor Pro-Tempore Crites said with regard to Councilman Kelly's question about recovering
cost of a capital improvement, he felt that was not the only way it could be brought to the
table. He thought that provision was just a way it could be requested without anything e14e.
Mr. Janes answered that was what staff was proposing, a stand-alone capital improvement in
the situations outlined, such as a two-thirds vote, etc. Mayor Pro-Tempore Crites further
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asked if under the normal process a mobile home park owner did that, if it was part of Ole
request for a rate increase. Mr. Janes responded affirmatively.
Councilman Ferguson said he still did not understand the situation. He felt that if a park
owner wanted to perform some modest capital improvements, he could come to the City and
ask for a rent increase to recapture his cost, and the City could independently evaluate whether
it felt the improvements were warranted. He stated that according to the proposed guidelines,
the owner could not even ask the City to recover his cost unless 66% of the residents had
given preapproval.
Mayor Pro-Tempore Crites stated that was only under a stand-alone request. He understood
that the owner could do it as part of a normal request.
Mayor Spiegel asked staff what the immediacy of the request was. Mr. Janes responded that
it could be delayed, adding that he had planned on Mr. Adams being in attendance to provide
more information.
Mayor Spiegel suggested that the matter be continued until the Council had a better
understanding of what it was trying to accomplish. Councilman Ferguson offered that he
would try to meet with Mr. Adams prior to Council's next consideration of the matter.
Mayor Pro-Tempore Crites moved to continue the subject item of business to the meeting of
March 11, 1999. Motion was seconded by Councilman Kelly and carried by unanimous vote.
B. CONSIDERATION OF SENATE BILL 223 (SALTON SEA LEGISLATION).
Mr. Ray Janes, Management Analyst II, noted the staff report which recommended support
of Senate Bill 223. He said the bill was sponsored by the Salton Sea Authority, and if passed,
it would provide for the formation of an infrastructure financing district to help fund the Sea's
restoration.
Councilman Ferguson moved to, by Minute Motion, support Senate Bill 223 and direct staff to send
a letter to Senator Kelley expressing same. Motion was seconded by Councilman Kelly and carried by
unanimous vote.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
C. CONSIDERATION OF VALLEY INDUSTRIAL PARK ASSOCIATION BOARD OF
DIRECTORS ELECTION.
Mr. Folkers stated that the Valley Industrial Park Association had been reorganized, and the
City was currently working with the Board of Directors regarding the construction of a wall
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along the west side of Cook Street. He said there was concern about having representation
from the City, which staff preferred be in an ex-officio capacity by a member of staff
attending the meetings and not an official board member. He added that in the past, the City
had been involved more as a "big brother," and staff felt that if a City representative served
on the board, the Association may feel the City would support programs that were not
necessarily in its interest.
Mayor Pro-Tempore Crites moved to, by Minute Motion, concur with staffs recommendation that
City staff person not serve as an elected board member for the Valley Industrial Park Association, but
that a City staff member represent the City in an ex-officio capacity at the Association's meetings.
Motion was seconded by Councilman Ferguson and carried by unanimous vote.
VDT. CONTINUED BUSINESS
A. ORDINANCE NO. 897 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT
RELATING TO NON-COMMERCIAL SIGNS Case No. ZOA 98-5 (City of Palm Desert,
Applicant) (Continued from the meetings of October 22, November 12, and December 10,
1998, and the meeting of January 28, 1999).
Mr. Erwin requested a continuance for the subject item of business.
Mayor Pro-Tempore Crites moved to continue the item to a time uncertain. Motion was seconded
by Councilman Kelly and carried by unanimous vote.
B. CONSIDERATION OF TRAFFIC CONTROLS FOR HOVLEY LANE EAST AND
KANSAS STREET (Continued from the meetings of October 22, 1998, and January 14,
1999).
Mr. Folkers stated that a brief report was submitted for what was a very complex situation,
noting that the matter had been discussed for quite some time. He said staff had met with the
residents to attempt to resolve it, and from the information before the Council, it was evident
there was not one voice but many. Therefore, he said staff requested Council's wisdom in
making a decision, and he highlighted the suggested options from the staff report: 1) Do
nothing; 2) close the intersection temporarily to determine the impact on Warner Trail and
adjacent streets; 3) prohibit northbound Kansas Street left turns, as well as eastbound Hovley
left turns; 4) make Kansas Street one way southbound at Hovley Lane; 5) realign Kansas with
Oasis Club Drive and cul de sac the abandoned portion of Kansas Street at Hovley; and
6) place a stop bar and stop sign for westbound Hovley Lane East on the east leg at Kansas
Street. He noted that there were probably other options that could also be discussed, but the
aforementioned were considered most viable by staff. He stated that the option realigning
Kansas Street with Oasis Street was one of tremendous expense, and worse yet, woktiild
probably add to the problems with more traffic going through the neighborhood than there was
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presently. Therefore, staff looked to have Council consider the comments of those residents
in attendance and would stand ready to provide input from that point.
MS. MARILYNN HAMLET, 42-600 Iowa Street, Palm Desert, stated she was in attendance
as President of the Pahn Desert Country Club Association and that she personally had no bias
one way or the other over the situation. However, she said she was harassed constantly by
the residents regarding what the City Council was going to do about the traffic. She said a
ballot was distributed in April 1998, and of the 2,000 sent out, 64 responses were received.
She said those who responded indicated they wanted some action taken on what they preferred,
noting that 37 wanted the street closed to lefthand turns, and 5 wanted it closed entirely. She
stated that the residents felt the matter had been on the agenda for a long time, it was a
temporary measure being proposed, and they urged approval of something on a trial basis to
eliminate some traffic through the area. She felt that Mr. Folkers had come up with some
good solutions, and she felt economically, prohibition of lefthand turns and righthand turns
from Hovley was the best alternative.
MR. DAVID MURPHY, 42-660 Kansas Street, Palm Desert, said the matter was a saf&ty
issue for him, noting the street configuration and the four-way stop sign with an unbelievable
amount of traffic. He said making a lefthand turn from the intersection amounted to playing
a game of "chicken" for him, that the oncoming cars had to stop in order for him to proceed.
He said he had four daughters he was concerned for, his street seemed to be a short cut for
motorists, and related his experience that while riding his bike home from work, he was asked
two different times by motorists whether his street was the "short cut" through the Country
Club to bypass congestion on both Fred Waring and Washington. He estimated traffic speeds
from 40 to 60 miles per hour on Kansas Street, which has a 25 mile per hour limit, and that
those traveling at that rate of speed probably were not residents and held little respect for the
neighborhood. He said he would be amenable to the prohibition of lefthand turns, but he
would prefer closure of the street with a cul de sac.
MS. BRENDA S42-700 Kansas Street, Palm Desert, stated she was also there as a
concerned homeowner. She too was disturbed by the speeding traffic, mostly outside traffic
that was attempting to avoid Washington Street. She said she was afraid to let her children
play outside because of the speeding traffic, as the cars have a straight shot from her corder
to California Street that not even more police presence would solve. She felt that as a resid&nt
of the street, she had the right to voice what she wanted done with the street, and ` she
advocated closure, even on a temporary basis to evaluate the traffic which would end up bn
Warner Trail to Hovley. She believed an action needed to be taken here before a serious
accident happened, citing two minor incidents which occurred in the vicinity.
City Council Comment:
Kelly: Understood what citizens on Kansas meant, comparing it to Fairway Drive which had
6,000 cars/day which were not generated by the neighborhood. However, felt that every time
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a street was closed, traffic was unfairly pushed into another neighborhood. Noted that many
calls and letters were received from Palm Desert Country Club (PDCC) residents who used
Kansas, and if they couldn't depart by Hovley and Kansas, they would have to go out of their
way, increasing traffic considerably. Felt safety was an issue and that the City was obligated,
by code, to do a traffic count there followed by the proportional placement of an officer,
which would also provide information, if citations were issued, of whether or not the offenders
were PDCC residents or not. Felt a good trial would be placement of a stop sign for
westbound traffic at Kansas, and another at Kansas for eastbound traffic, which he realized
went against good traffic practice; however, it would cause cars to stop for motorists from
Kansas to make a left turn. Favored this option as opposed to prohibiting left turns since it
would be the same as closing the street. Thought traffic would all be pushed to Warner Trail,
and residents of PDCC would have to travel extra distances in their own neighborhood.
Requested traffic counts for the area to monitor effectiveness.
Ferguson: Felt the length and amount of time into this issue had not been that of indifference.
Cited the tour conducted earlier that clay by the City Council when it traveled in a van up and
down Hovley and up and down Warner Trail, and looking at Michigan Drive. Noted that
about year ago the Council went through one of its most divisive debates over street closures
in the Palm Dell Estates neighborhood, which produced several philosophies that were guiding
his decision: 1) Traffic was like water-- it would travel the path of most convenience; most
drivers did not go out of their way because of their concern for neighbors three blocks away,
they used the quickest route to the grocery store. Council attempted to keep neighborhood
traffic just that, and where cut -through traffic occurred, it tried to channel motorists to major
arterials. 2) When Council tried to propose temporary solutions, it was to evaluate what the
proper remedy was for a particular problem. Personally favored the least restrictive solution
that was deemed feasible; the most draconian solution was a street closure, and felt a public
street should not be closed until all less restrictive mechanisms were exhausted and deemed
ineffective. 3) These were public streets— residents had lots which were on public streets, but
they were intended for and maintained by the public for its use. Safety was Council's fist
concern, speed following a close second, and thirdly, traffic volumes, all three being
interrelated; but when volumes reached a point where the street was overburdened, Council
reviewed the situation. Felt Kansas was a busy street for north/south traffic, but not overly
busy by engineering standards. Noted tremendous amount of mail received on the issue,
approximately 80% of which was opposed to lefthand turn closures, but all corning from those
people who had a state as a street (PDCC) and not people outside the area. Empathized with
residents in attendance and their concern for Kansas Street, but felt closing Kansas would
cause the same movement up Michigan and Warner Trail, which was the most complained -
about street in all PDCC. Didn't want to hand this problem to the neighbors, and then in six
months deal with Warner Trail residents; preferred developing a solution. Favored Option 6
which placed a slight restriction on Hovley motorists, which may or may not be PDCC
residents, yet preserved a north/south route for them.
Benson: Also favored Option 6 on a trial basis.
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Crites: Noted that earlier today, Council had suggested Public Works investigate signalization
of Warner Trail at Hovley, which would provide a better egress than Kansas without a signal.
Council concurred with this direction. Also noted staff report's reference to the importance
of widening Washington Street to a six -lane street.
Spiegel: Felt Option 6 was relatively quick and easy to accomplish, and it was temporary
without undue budgetary considerations. Recommended approval of Option 6 for six months
and to then revisit the issue to see if citizens' concerns were addressed. Concurred with
Councilman Kelly's request for a second stop sign. At Council's collective concern that six
months was too long, concurred that 90 days would be fine. Added to Mayor Pro-Tempore
Crites' statement about Washington Street that the project was in the works presently, with
projection of its completion by this time next year.
Councilman Kelly moved to, by Minute Motion, approve Option 6 of the Public Works staff report
for placement of a stop sign and stop bar for westbound Hovley Lane East on the east leg at Kansas Street
with an additional stop sign for eastbound Hovley Lane East at Oasis for a 90-day trial, direct staff to
review a signal at Warner Trail and Hovley, and follow the Code which specified a traffic count followed
by a dedicated officer. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous
vote.
As earlier agreed upon by the City Council, Mayor Spiegel suspended the agenda at this point
and returned to Item VL, Ordinances for Introduction, Item A. Please see that portion of'the
Minutes for discussion and action.
IX. OLD BUSINESS
None
X. REPORTS AND REMARKS
A. INFORMATIONAL_ITEMS :
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, reported that a survey of
Coachella Valley retailers was conducted by the Institute for Retail Studies at
College of the Desert, and the Business Support Center wished to share some of The
pertinent information. She stated that of the approximately 2,600 known retil
businesses in the Coachella Valley, 26% fell into miscellaneous retail (drug stores,
proprietary stores, liquor stores, used merchandise stores, sporting goods, book
stores, stationers, etc.); 20% were eating and drinking establishments; 13.5% home
furnishings; 12 % apparel and accessories; 10 % automotive; 8 % food stores; 1 %
general merchandise; and 8.5 % building supplies and gardening. She said of those
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categories, the City of Palm Desert dominated in all sales categories except
automotive and building supplies. In fact, she stated that according to the Desert
Wheeler, Palm Desert accounted for 33% of all retail sales in the Coachella Valley,
with Cathedral City a distant second at 17%, mainly due to automotive, and Palm
Springs was third with 16%. Further according to the study, she said employment
statistics had changed dramatically, noting that from 1993-1997 there was a 9.7%
increase in the workforce to 118,000 employed, decreasing the unemployment rate
by 34%, with a current unemployment rate of 6.7%. Additionally, she said the 165
responding retailers throughout the Valley expected to hire about 1,600 new
employees over the next three years, or approximately nine employees for each
responding retailer. She stated that of those, 52 % would be in eating and drinking
establishments. She noted that the study also revealed that one of every 12
businesses responding planned to move to another location within the Valley in the
next three years, with those moves typically the result of projected business growth.
She stated that about 3% of firms indicated plans to move outside the Valley,
comparing favorably with similar studies conducted over the past three years of
other California cities that have found an average of 9-10% of the region's base
anticipating relocation to other areas.
Ms. Moore commented that per its approved work program concerning business
retention in the City, the Business Support Center would this month begin surveying
the top 100 sales tax generators within the City of Palm Desert. She said the survey
would contain questions on anticipated sales growth, employee base and hiring, and
suitable size locations for any businesses targeting growth, with resulting reports
from the survey to Council over the next two quarters.
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Rudy Acosta, Development Manager, provided the Council with a bar elan
construction schedule which the project was utilizing to monitor its progress,, and
it was received for the record and placed on file in the office of the City Clerk.' He
called attention to the dark blue line corresponding to February 8, which indica :2d
project status as of that date, and noted subcategories for the site work, the, cart
barn, and for the main clubhouse, or the top floor. He said if the line was moved
to the week of February 22, the project was in the midst of the footings, adding that
perimeter footings for the cart barn had been completed as of this morning; the
footings for the structural columns in the cart barn were also dug; and the project
was beginning to mobilize for masonry tomorrow. Additionally, he said the project
also began the underground utilities in the top slab; therefore, by Tuesday, March
2, he anticipated vertical construction on the facility, putting the project right on
schedule at this point.
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Councilmen Kelly and Ferguson stated they would like to have a Clubhouse
Subcommittee meeting on Tuesday, March 2, at 8:00 a.m. at the trailer site.
Mr. Acosta said he would arrange it.
Upon question by Councilman Ferguson whether the September 27 date Mr. Acosta
provided at their last committee meeting remained a definite, reliable date the City
could count on for planning, Mr. Acosta responded he still stood by that date.
Councilman Ferguson stated he didn't want the project pushed or any ambitious
assumptions made, he just wanted to know when the City could confidently plan
tournaments, events, and other types of Clubhouse functions around September 27.
Mr. Acosta replied that until the contractor notified him otherwise, which, to date,
he had not, he was still confidently projecting September 27 to the Council.
B. CITY MANAGER
1. Rrt from Southwest Pump and Drilling operation off of Hovley Lane.
Mr. Wohlmuth stated that the article in today's Desert Sun prompted the City to do
some quick investigation and request more information with regard to the well
drilling off of Hovley Lane in Palm Desert. He introduced to the Council Mr. Curtis
McCullough, president of Southwest Pump & Drilling, to provide mere
information.
MR. CURTIS MC CULLOUGH, President of Southwest Pump & Drilling,
reported that he became aware of the newspaper article as of 3:30 this afternoon,
followed by his contacting Gregg Holtz at the City to see if there was anything
Southwest could do to provide more information about the project. He stated his
firm was a local contractor which wanted to remain in good standing with all the
cities and municipal agencies in the desert community. He said some of the main
concerns he ascertained from the article were the noise generated and the need to
operate 24 hours per day. He said it was a long established practice in the well
drilling industry that 24-hour operation was necessary from a safety standard, noting
that they were drilling in a rob ore hole with nothing other than the material being
drilled through and a drilling fluid to maintain a differential pressure to keep the
walls from collapsing on the well. He stated that if the operation were stopped,
there would be a higher probability of a hole collapse or failure, which could result
in significant potential for equipment damage and also pose an employee safety
hazard. He answered Mayor Spiegel's question stating that once drilling began for
water, there was no way to stop until installation of the steel casing, but once that
was in place along with filter gravel pack material placement in the annular space,
and the appropriate sanitary seals were in place, the operation went to daylight hours
in order to cooperate with the City.
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Upon question by Mayor Spiegel about measures for night time noise mitigation,
Mr. McCullough responded that prior to moving onto the subject site, "61"
mufflers were installed on each of the engines on the project at a considerable
expense, as well as putting up 20-foot sound blankets around the immediate noise
generation (the engines).
Mayor Pro-Tempore Crites asked whether Mr. McCullough had been in the person's
home whose complaint was prominent in the Desert Sun article. Mr. McCullough
said he had not, since he had just become aware of the issue at 3:30 this afternoon
and came directly to City Hall to attempt to explain the situation. He commented
that his firm drilled a well west of this project, immediately west of Southwest
Church and less than quarter of a mile away, which was drilled approximately
70 feet off of one of the neighbors' back doors. He said that while those neighbors
had obvious concern, once the situation was explained, that homeowner was very
gracious and very helpful in allowing Mr. McCullough's firm to continue drilling
without any real delays. However, he also pointed out that this particular project
drilled excessively hard; whereas they were drilling approximately 30 feet an h*ur
on the site near Southwest Church, the subject project was only moving three to five
feet per hour, destroying approximately four drilling bits (1,000 feet can be drifted
with one bit in most cases). He said they had run into some cemented sand that
existed, but wasn't run into very often. He added that as a result of seeing the
article, he immediately called Coachella Valley Water District (CVWD) and spoke
with its engineering department to request a reduced depth for the project in order
to mitigate the impacts, since it didn't appear to him that there was any great benefit
in going the full 1,300 feet his firm was contracted to drill. He stated that after
their reconsideration, CVWD reduced the depth to approximately 800 feet, which
meant he expected the project to be done sooner.
Mayor Pro-Tempore Crites suggested Mr. McCullough contact the neighbors
surrounding the project this evening or in the morning to explain what he was trying
to do. Mr. McCullough said he would be happy to do so, adding that two days
before he had a disgruntled neighbor come onto the project site, and he explained
to this gentleman that the proper steps had been taken for the project-- they*
contacted the City with a courtesy notice. He said he then explained to the neighbor
the process, the reasons behind it, they empathized with his concerns, and he felt the
gentleman was less upset following their conversation.
Mayor Spiegel expressed the Council's appreciation for Mr. McCullough's visit to
the City Council Meeting. Mr. Diaz thanked Mr. Wohlmuth for his efforts today
which resulted in more action this afternoon than they had seen previously.
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2. Regal on Desert Crossing.
Mr. Diaz noted that one of the stops on today's earlier tour was Desert Crossing and
stated that there had been a meeting on lighting and landscaping scheduled for the
week of March 1. Mr. Drell stated that he and the Business Support Manager would
be meeting with the new manager of the project on Friday, March 5.
Since Councilmember Benson and Mayor Pro-Tempore Crites were scheduled to go
out of town on that day, Mr. Drell suggested that staff proceed with the first
meeting and then schedule one later to include those Councilmembers.
3. Rcima on Toys R Us Landscaping.
Mr. Diaz stated that a complete written report would be submitted to the Council for
its next meeting. He understood that at this point, new landscaping had been
installed per the requirements of the urban forester.
4. Rego on Palm Desert High School Traffic.
Mr. Diaz reported that he participated in a meeting today with Mr. Hart Ponder,
Code Compliance Supervisor, Sergeant Kirby of the Palm Desert Police,
Mr. Mark Greenwood, Transportation Engineer, and Mr. Pat Walsh, principal of
Palm Desert High School, to discuss traffic into and out of the campus. He said a
report would be submitted to Council for its March 25 meeting including suggested
mitigation measures. He said at the request of Mr. Walsh, the City would''be
installing the newer, nicer signs that have been welcomed at both Lincoln and Palm
Desert Middle Schools, adding that directional signs for east and westbound traffic
would also be installed at Phyllis Jackson to identify it as the entrance to the Palm
Desert High School campus.
Councilman Ferguson commented that he received a call from a prominent physician
living in Palm Desert who had dropped off his son at Palm Desert High School and
had gotten a ticket at Phyllis Jackson turning left for entering the intersection on a
yellow light. He said that while the physician didn't necessarily quarrel with
receiving the ticket, he was amused at the fact that if an officer was present to cite
people, wouldn't it make more sense to have him direct traffic from the intersection
instead. Councilman Ferguson stated that since Lieutenant Pittman was in
attendance at the meeting, he considered the Sheriff's Department to be so notified
of this concern.
Mr. Diaz noted that one of the problems experienced there was with parents parking —
in the red zone to drop off their children. He said it would be resolved by the
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measures they were exploring at the high school, and police officers had been
present trying to eliminate that concern.
Mayor Pro-Tempore Crites stated he hoped the report would include a time line
since other suggestions made had seemed to disappear. Mr. Diaz assured the
Council that the problem would not be the time line, but who would pay for it.
5. Report on Charter City Revisions.
Mr. Diaz stated that a report was being drafted by the City Attorney that would be
available in 60 days for complete review by Council. He said when the draft was
completed, staff would also be solicited for its comments.
Upon question by Councilman Ferguson whether the charter city review could be
done at the April 22 meeting, Mr. Diaz responded affirmatively.
6. Refit on Palms to Pines East.
In response to concerns raised about the Palms to Pines remodel, Mr. Diaz said he
discussed the matter with Mr. Drell after the tour, and it appeared that the developer
was looking at some possible further modifications to the buildings. Therefore, the
said it was being held up and permits would not be issued until such time as the City
had an opportunity to review the colors; however, if the colors were changed, they
would have to go through the process again.
7. City of Palm DesertJCVAG Conference Room.
Mr. Diaz stated in his newsletter to Council he indicated that he was going to speak
with Corky Larson regarding the need for certain items in the new conference room;
they had become obvious after some meetings had been held there. He said he
would return to the Council in March to request funds for drapes, clocks, additional
tables, and trays for presentation supplies. He said there may also possibly need to
be some microphones. He added that he also discussed with Ms. Larson some of
the concerns raised by Councilman Ferguson, particularly the movement of chairs
back and forth between the new and old conference rooms.
Councilman Ferguson noted that since he and Councilman Kelly worked on the
committee which designed the improvements to that space, he asked that the
recommendations be given to them prior to full Council consideration.
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C. CITY ATTORNEY
Mr. Erwin requested a Closed Session at an ar..,r.;ate time with the Redevelopment Agency
and City Council for the items shown on both agendas. He asked for Council's consideration
of adding the following items to the agenda by four -fifths vote:
Conference with Real Property Negotiator pursuant to Government Code Section 54956.8:
1) Property: 5.11 acre site, Upper Way West, Palm Desert, California 92260
Negotiating Parties:
Agency: City of Palm Desert/Ramon A. Diaz, City Manager
Property Owner: Carmelita Ordonia
Under Negotiation: g Price ... Terms of Payment
Public Employment pursuant to Government Code Section 54957:
Titles of Positions:
City Clerk
City Manager
Redevelopment Agency Executive Director
City Attorney
Mayor Pro-Tempore Crites moved to add the two items of Closed Session consideration to the
agenda. Motion was seconded by Mayor Spiegel and carried by unanimous vote.
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(6):
Number of potential cases: ,3
2)
None
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D. CITY CLERK
1. Rearti1 on Promotion Committee Approval of Media Buy for Subaru Golf
Tournament to be held at Desert Willow Golf Resort.
Mrs. Gilligan stated that the subject item had been before the Promotion Committee
and was approved. She said Mayor Spiegel attended that meeting and had concern
that the $20,000 was originally earmarked for advertising in the Midwest, asking
that it be brought before the Council as an information item. She noted that part of
the media buy included airing on Midwest sports channels to reach that market.
Therefore, she recommended Council concur with the Promotion Committee's
action.
Councilman Kelly said this issue raised a concern he'd had for the way budgets were
administered in city government versus the private sector. He said in the private
sector, the budget was used as a guideline followed by approval of every
expenditure to be made therefrom. He asked what the City's approval policy for a
particular level or amount of expenditure was and what responsibility was borne by
the Committee in this case.
Mr. Gibson replied that with regard to the City's purchasing policy, expenditures
over $5,000 that involved a contract required City Council action, further answering
Councilman Ferguson that it was i,Ywrc,4ve of whether the expenditure had already
been budgeted.
Mrs. Gilligan noted that the Council had already approved the amount of the subject
media buy as part of the approved budget amount for the Promotion Committee.
She said the Promotion Committee assembled a budget that went to the City
Manager and then came to the City Council for review in the budget process. She
added that there were items delineated in that budget-- this item was classified
"Electronic Media." She went on to say that when the budget was formulated in
June, the Committee did not know what buy it would make the following March;
therefore, an amount was earmarked for the Midwest and the Committee waited for
the right opportunity to make the purchase. Councilmember Benson concurred,
stating that the Promotion Committee had such authority within its budget to make
decisions without bringing everything before Council.
Councilman Kelly wondered whether this was a written guideline or whether it 'had
just become an accepted policy. Mrs. Gilligan believed it was included in the
Promotion Committee Bylaws.
Mayor Spiegel gave an example of the Parks & Recreation Commission budget and
its funds earmarked for the skateboard park. He asked if the Commission decided
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instead to build a tot lot with those funds, if it was necessary for that to come back
to Council. Mr. Gibson answered in that case it would, clarifying that in the subject
instance of the Promotion Budget, it was approved with a specific agency, Publicity
Unlimited, which made all the expenditures. Mr. Gibson said that the purchase
order issued to Publicity Unlimited was for the entirety of the approved budget
amount, and therefore, met the purchasing ordinance requirements. Mayor Spiegel
added that it was with the oversight of the Promotion Committee that those funds
were expended.
Mayor Pro-Tempore Crites and Councilman Ferguson further clarified the issue
stating that the City specified it wanted a certain amount of dollars spent on
electronic media in a particular geographic market and had hired a firm to make
those buys consistent with the Promotion Committee's acceptance. Mayor Spiegel
remarked that the American Airlines promotional video buy also fit into this
category.
Councilman Ferguson said that while he did not feel the Council was criticizing 'this
particular item, he felt it was a timely issue in that there was a budget session
scheduled for the following day. He said that since the City did not do a zero-b` used
budget and worked from last year's figures, he said by letter of the law, the Council
actually approved every single item that agency planned to do for the coming year.
Mayor Spiegel compared that the Council had no authority over the Palm Springs
Desert Resorts Convention and Visitors Bureau budget even though Palm Desert
provided a portion of those monies.
Councilman Kelly reiterated his original point that the budget was a plan for what
was to be done in the coming year and did not constitute approval. Mayor Spiegel
said that in the subject case, the Promotion Committee had the approval process on
the $20,000 because City Council approved that overall budget.
Councilmember Benson suggested that perhaps the policy could be redefined in the
upcoming budget process. Council concurred.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Update on Status of Charter City Implementation (Councilman Jim Ferguson).
Please see the earlier discussion under City Manager Reports.
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o City Council Committee Reports:
1. Meting with College of the Desert (Councilmember Jean M. Benson).
Councilmember Benson stated she, Mayor Pro-Tempore Crites, and
Mrs. Gilligan met with Dr. Kroonen and Mr. Ed Morante at the College
regarding the College portion of the Library being open the same hours as the
City portion to make it all one inclusive library. She commented that they
were very receptive to working something out with the City in stages and
requested that the Mayor send a letter to the College asking for this to be done.
She said in the course of the conversation, the City brought up the Library
Promotion Committee's concern for the Alumni Association's Street Fair
configuration and how it could possibly be reviewed for a better layout on the
campus, with the additional parking opened in the back and the idea that
perhaps there was a better way to relocate some of the vendors nearer the
parking. She added that this would also address an issue of preferential parking
for future Council consideration as referred to it by the Public Safety
Commission-- here too a situation might also be relieved if parking and the
Fair's entrance and exit were redirected. She said College staff requested
another letter from the Mayor to the Alumni Association requesting a meeting
on the issue, and if the City could assist by securing someone to replan the
activity, it would be considered the City's contribution to the cause.
Mayor Pro-Tempore Crites added to Councilmember Benson's report that the
College President and the Dean of that particular area also suggested that The
City should in the future look towards having a "common" librarian for the
Multi -Agency Library, so that it truly provided the service envisioned With
fully integrated functions that would save dollars that could be put towards
products-- books and hours of operation. He said both parties would haw; to
nudge to accomplish this, but he perceived a strong feeling from the College
that the Library had become a much better place since the County was now
contracting out versus the previous County library services.
Mrs. Gilligan added that the College agreed to the City's proposal for coffee
on the patio and that staff was working with Starbuck's, who was very
interested. She stated this consideration would be back to the Council at the
end of March. Mayor Pro-Tempore Crites added that the proposal would also
probably contain some patio furniture to create a very attractive spot.
2. Report on "The Valley's Promise" (Mayor Robert A. Spiegel).
Mayor Spiegel invited his colleagues to attend the Valley Rally at College;of
the Desert Friday, March 19, 1999, from 12:00 to 2:00 p.m. with Presi 'at
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Ford and General Colin Powell for the Valley's Promise. He said last year the
five living Presidents made an American Promise to the youth of America
promising an on -going relationship with a caring adult, a safe place and
structured activities during non -school hours, to learn and grow, a healthy start
and healthy future, and marketable skills through effective education and an
opportunity to give back to their communities through their own service. He
said at the next City Council Meeting, he would deliver a proclamation of the
City's support for the Valley's Promise to students of Palm Desert's various
schools.
Upon a motion by Councilman Ferguson, second by Mayor Pro-Tempore Crites, and unanimous
vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:47 p.m. He
reconvened the meeting at 7:00 p.m.
XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO PALM DESERT EXPLORER POST OF THE PALM DESERT
SHERIFF'S STATION FOR SPECIAL RECOGNITION OF ACCOMPLISHMENTS FROM
THE BOY SCOUTS OF AMERICA.
Ms. Kiki Haynes, Assistant District Commissioner of the Boy Scouts of America for
Coachella Valley Law Enforcement Posts, presented the Boy Scouts of America Quality Unit
Award for 1998 to Deputy B. J. Adams, Senior Deputy Randy Vasquez, the five Explorers
in attendance, and the Palm Desert Sheriff's Station in recognition of their dedication, time
to the community and the Explorer program. She also expressed special appreciation to the
Palm Desert City Council for the special example they provided to other communities by what
they did for their law enforcement post.
Deputy Adams, on behalf of the Explorers, said they also thanked the City for all of its
support during the several years she'd worked with the program.
Mayor Spiegel thanked the Explorers for all they did for the City by assisting with the City's
Summer Concert and Movie Series and all other special events, noting that their participation
made the events very safe and wonderful for Palm Desert.
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XIII. PUBLIC HEARINGS
A. CONSIDERATION OF THE FORMATION OF THE CANYON CREST LANDSCAPE
AND LIGHTING ASSESSMENT DISTRICT - PUBLIC MEETING FOR RECEIPT OF
COMMENTS.
Mr. Tom Rssler, Senior Management Analyst, stated that the item was a required public
meeting conducted prior to the public hearing for the formation of the assessment district. He
said the proper notices were made, all the property owners were provided with information
and ballots, and this was an opportunity for them to come before the Council to have their
concerns addressed, a comment period with no Council action required.
Mayor Spiegel declared the floor open to receive public comment for the formation of the subject
landscape and lighting assessment district. With no public comment received, he declared the
comment period closed. No Council action was required nor taken.
Mayor Spiegel stated that there was one item that was requested be added to the agenda for the
consideration of a financial investment for the City of Desert Hot Springs.
Councilman Kelly moved to add the aforementioned consideration to the agenda. Motion was
seconded by Councilmember Benson and carried by unanimous vote.
Mr. Diaz reported that he participated in a City Managers' Task Force set up through CVAG
to examine the Desert Hot Springs situation and discuss the issues with the acting city manager
there. He said following the City Managers' meeting, the finance directors of the various
cities went to Desert Hot Springs to review the situation, and their finding was that Desert Hot
Springs needed a part-time finance director/consultant. He stated that in order to do that,
because of their tight budget situation, they looked for funding from the other various cities,
with Palm Desert's share to be $5,000. He said the finance directors agreed that this would
be the best alternative rather than having one finance director from each city going there one
day per week.
Councilmember Benson moved to, by Minute Motion, approve the $5,000 financial commitment
for the City of Desert Hot Springs to secure a part-time finance director, subject to all the cities'
participation in the funding. Motion was seconded by Councilman Kelly and carried by unanimous vote.
Councilmember Benson hoped that all the cities participated, as she felt it would be a good
impetus for Desert Hot Springs to get its utility tax; if the other cities were willing to help
solve the problem, the residents should be too.
Mayor Spiegel asked that the City Clerk's office notify the Desert Sun of the action just taken
to further encourage participation by the other cities.
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XIV. ORAL COMMUNICATIONS
None
XV. ADJOURNMENT
Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Kelly, and unanimous vote
of the City Council, Mayor Spiegel adjourned the meeting at 7:10 p.m. to 9:30 a.m. Friday, February 26,
1999, for an Adjourned Joint Meeting of the City Council Redevelopment Agency for preliminary review
of the 1999/2000 City of Palm Desert Budget.
ATTEST:
/ SHEILA R. GAN, C � CLERK
CITY OF PALM DESERT ALIFORNIA
/11,1449/
ROBERT A. SPIED ,'Z OR
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