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HomeMy WebLinkAbout1999-03-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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/City Clerk Richard J. Folkers, ACM/Director of Public Works John M. Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Ben Godfrey, Acting Director of Building and Safety Paul S. Gibson, Director of Finance Steve Smith, Planning Manager Rachelle D. Klassen, Deputy City Clerk III. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 11, 1999, and the Adjourned Joint Meeting of the City Council/Redevelopment Agency of March 12, 1999. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 43, 44, and 43PD Office Complex. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CLAIM AGAINST THE CITY (#383) by Southern California Edison in the Amount of $599.68. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D. MINUTES of City Committee/Commission Meetings. 1. Art In Public Places Commission Meeting of February 17, 1999. 2. Civic Arts Committee Meeting of February 8, 1999. 3. Golf Course Committee Meeting of February 8, 1999. 4. Housing Commission Meeting of February 10, 1999. 5. Library Promotion Committee Meeting of February 10, 1999. 6. Public Safety Commission Meetings of December 16, 1998, and January 27, 1999. Removed for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. E. RESOLUTION NO. 99-28 - 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 (January 1999). Rec: Waive further reading and adopt. F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Country Club Drive Median Modifications west of Cook Street, in front of the Marriott Desert Springs and the Desert Willow Golf Resort (Contract No. C15630). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project upon approval by the Landscape Committee. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Resurfacing of Tennis and Basketball Courts at Civic Center Park (Contract No C15640). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Two Electric Utility Golf Carts for the Civic Center Park. Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the subject golf carts; and 2) authorize the appropriation of $11,000 from the Unobligated General Fund Reserves to Account No. 110-4610-453-4045 for the purchase. I. REQUEST FOR APPROVAL of Used Motor Oil Recycling 5th Cycle Block Grant Public Education Campaign. Removed for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. J. REQUEST FOR APPROVAT. of Hold Harmless Agreements with Owners of Property Adjacent to the Desert Willow Golf Resort. Rec: By Minute Motion, approve the subject agreements with: 1) Remus A. Haste (Contract No. C15660); and 2) Chris Shorr and Kristin Brunnenkant (Contract No C15670). K. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract with Ground Zero Demolition Company for the Architecturally Enhanced Block Wall at the San Pablo Avenue/Royal Palm Well Site. Rec: By Minute Motion, ratify Change Order No. 1 to Contract No. C1358Q in the amount of $750 for the architecturally enhanced block wall at the San Pablo Avenue/Royal Palm well site and authorize the Mayor to execute same. L. REQUEST FOR ACCEPTANCE OE WORK for Contract No C14380 -- Drywelhlnlet Program (Project No. 500-98) (Dateland Construction Company, Inc.). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C14720 — Cook Street Median Island Landscape and Irrigation (Project No. 588-99) (Pink, Inc.). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C14780 -- Palm Valley Channel Golf Cart/Pedestrian Bridge (Project No. 665-98) (Granite Construction Company). Removed for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. O. REQUEST FOR APPROVAL of Final Tract Map 28655-1 (Lowe Reserve Corporation/Deep Canyon Associates, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 99-29, approving Tract Map 28655-1. P. REQUEST FOR WAIVER OF FEES Associated with the Palm Desert High School Concert and Jazz Band's Annual Spring Production in the Palm Desert Civic Center Amphitheater. Removed for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. REQUEST FOR WAIVER OF FEES Associated with the Palm Desert High School Production of "A Midsummer Night's Dream" in the Palm Desert Civic Center Amphitheater. Rec: By Minute Motion, waive fees associated with the Palm Desert High School production of "A Midsummer Night's Dream," scheduled to be performed on May 29, 1999, in the Palm Desert Civic Center Amphitheater. Councilman Kelly asked that Item D be held over for separate consideration. Mayor Spiegel asked that Items I, N, and P be held over for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. Q. Upon motion by Councilmember Benson, second by Councilman Ferguson, and unanimous vote of the Council, the remainder of the Consent Calendar was approved as presented. IV. CONSENT ITEMS HELD OVER D. MINUTES of City Committee/Commission Meetings. 1. Art In Public Places Commission Meeting of February 17, 1999. 2. Civic Arts Committee Meeting of February 8, 1999. 3. Golf Course Committee Meeting of February 8, 1999. 4. Housing Commission Meeting of February 10, 1999. 5. Library Promotion Committee Meeting of February 10, 1999. 6. Public Safety Commission Meetings of December 16, 1998, and January 27, 1999. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated that he had received several complaints regarding the input from the Councilmembers at various Committee/Commission meetings. He added that some of those complaints were with regard to Councilmembers dominating the meetings. He stated he felt that the Councilmembers' role was to listen and answer questions. He also stated he understood the Planning Commission and Architectural Review Commission get into heated discussions and there was no Council liaison present at those meetings. Councilman Kelly stated another concern were the minutes of various Committees/Commissions. He added some of the minutes showed the attendance listed with the Councilmembers present. He felt all minutes should be prepared that way since the Councilmembers were not voting members at those meetings. Councilman Kelly stated when a citizen was appointed to those Committees/Commissions, they felt they had a job that was for them to perform and not be influenced by Councilmembers. He added they should do it the way they think it should happen, and when it comes before the Council, Councilmembers had an opportunity to take action at that point. Mayor Pro-Tempore Crites stated one thing that would be valuable would be to have a discussion regarding this issue, in terms of perceptions of what Councilmembers' roles were in Committee/Commission meetings. He added that everyone may have different points of view about what those roles were. He gave an example of the Art in Public Places Commission. He would listen and answer questions regarding Council actions, but there were times when Councilmembers would like to give their opinion without being asked. He added that was either a good thing to do or not an appropriate thing to do, depending upon the bend that the Council believed they ought to have in terms of that body. He stated he was comfortable following the lead of his colleagues as to the proper relationship with Committees/Commissions. Mayor Spiegel directed Mrs. Gilligan to add this item to the next Study Session meeting for review and discussion. Councilman Kelly moved to, by Minute Motion, receive and file the various Committee/Commission Minutes. Motion was seconded by Ferguson and carried by unanimous vote. I. REQUEST FOR APPROVAL of Used Motor Oil Recycling 5th Cycle Block Grant Public Education Campaign. Mayor Spiegel stated this item requested the City pay $19,500.00 for billboards. He added that since the City of Palm Desert did not allow billboards, there should be other advertising alternatives for this program. Councilmember Benson concurred with Mayor Spiegel and stated there were other ways to publicize the campaign. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites moved to, by Minute Motion, authorize the Mayor to enter into an advertising campaign, without the use of billboards, and directed staff to return to the Mayor with an appropriate alternative. Motion was seconded by Councilmember Benson and carried by a 4-0-1 vote with Councilman Ferguson ABSTAINING. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No C14780 — Palm Valley Channel Golf Cart/Pedestrian Bridge (Project No. 665-98) (Granite Construction Company). Mayor Spiegel stated he had not visited the site recently, but the last time he did, the fences were down in the area. He inquired as to whether the area had been cleaned up. Mr. Folkers stated the area had been cleaned up and was absolutely beautiful. Councilman Kelly stated he had received quite a few compliments regarding the bridge, and people used the bridge to access Desert Crossing. Mayor Spiegel moved to, by Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Mayor Pro- Tempore Crites and carried by unanimous vote. P. REQUEST FOR WAIVER OF FEES Associated with the Patin Desert High School Concert and Jazz Band's Annual Spring Production in the Palm Desert Civic Center Amphitheater. Mayor Spiegel inquired whether the event would interfere with other events being held at the Civic Center Park. Ms. Patricia Scully, Community Affairs Specialist, stated originally the program was to be held on a Thursday, but had since moved it to a Wednesday evening. Mayor Pro-Tempore Crites moved to, by Minute Motion, waive fees associated with the Palm Desert High School Concert and Jazz Band annual spring production, scheduled to be performed on May 19, 1999, at the Palm Desert Civic Center Amphitheater. Motion was seconded by Councilman Kelly and carried by unanimous vote. V. RESOLUTIONS None. VI. ORDINANCES For Introduction: None. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: None. VII. NEW BUSINESS A. REQUEST FOR APPROVAL, OF LANDSCAPE PROJECTS — PALM DESERT COUNTRY CLUB AND PALM DESERT RESORTER (JOINT CONSIDERATION WITH PALM DESERT REDEVELOPMENT AGENCY) . Mr. Ortega stated there was an attempt that the City perform all the landscaping work in the subject area. He stated the contracts needed to be transferred from the Redevelopment Agency to the City of Palm Desert. Councilman/Member Kelly stated this had been approved by the Project Area No. 4 Committee with a quorum present. Councilman/Member Ferguson stated this item belonged with Item C under New Business on the City Council agenda. He added all the contracts were with Ray Lopez and Associates, but _ he did not see anything on the City Council agenda with regard to the project going out for bid. Mr. Yrigoyen stated the projects were previously approved by the Redevelopment Agency. He added staff attempted to obtain bids from other designers but encountered difficulty in obtaining bids. He further added that Ray Lopez resides in the area and he was able to get to those areas quicker than anyone else. The Project Area No. 4 Committee members were happy with Ray Lopez because he did live in the area. Councilman/Member Ferguson inquired whether an Agency, as opposed to a Charter City, had to follow the bidding requirements. Mr. Ortega responded that other landscape architects were notified, but no other bids were received. He added this was a professional service, and there was no requirement to bid out for professional services. Councilmember/Member Benson stated that a letter was received by Council from James Cashman. In his letter he questioned spending $250,000.00 by the Agency Board for the reconstruction of a wall along Hovley Lane. She added that the subject request did not add up to that amount of money. Mayor/Chairman Spiegel stated the letter should not have been in the agenda packet, as it had nothing to do with that. Councilman/Member Ferguson stated that Item C on the City Council agenda would be a more appropriate place for Mr. Cashman's letter. Mayor Pro-Tempore/Vice Chairman Crites inquired about once the landscaping was done, who would be responsible for the on -going maintenance. Mr. Yrigoyen stated an agreement 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * was entered into with the Palm Desert Resorter. That agreement stated the Resorter would be responsible for landscape maintenance. He added staff was in the process of requesting an increase in the assessment to cover landscaping at the Palm Desert Country Club. He stated that would cover the Hovley Lane portion and the Fred Waring portion, as well. Mr. Yrigoyen stated the assessment would be increased another $8.00 per year. Mayor/Chairman Spiegel inquired what would happen if the assessment increase was voted down. Mr. Yrigoyen stated if it was voted down, the recommendation to the Agency Board and City Council would be that landscaping would not be accomplished in that area. Mayor/Chairman Spiegel clarified that no landscaping would be done until the Association approved the assessment increase. Mr. Ortega stated there would be no request presented to Council for authorization to bid unless and until it was known whether there would be an assessment increase. Councilman/Member Kelly moved to, by Minute Motion: 1) assign to the City, and City Council accepts the following consultant contracts: a) Ray Lopez and Associates in the amount of $19,900 for landscaping services along Oasis Club Drive and the north side of Hovley Lane (Contract No. R15170); b) Ray Lopez and Associates in the amount of $14,100 for landscaping services along the south side of Hovley Lane between Kansas Street and Idaho Street (Contract No. R15180); c) Watson Christianson in the amount of $17,650 to accomplish engineering for the improvements of the Hovley Lane wall (Contract No. R15360); and 2) that the City appropriate such funds as necessary to accomplish the above design improvements. Motion was seconded by Councilmember/Member Benson and carried by unanimous vote. B. REQUEST FOR APPROVAL OF REPLACEMENT HEATING/AIR CONDITIONING UNIT ON CIVIC CENTER BUILDINGS. Councilman Ferguson moved to, by Minute Motion, accept the proposal by Hugh Hoard, Inc. (H & H) to install a prototype heating/air conditioning (HVAC) unit in the amount of $3,848 to be considered for future such replacement bidding. Motion was seconded by Councilman Kelly and carried by unanimous vote. C. REQUEST FOR APPROVAL OF CONTRACT FOR DESIGN OF LANDSCAPE AND SIDEWALK ALONG FRED WARING DRIVE. Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute a contract with Ray Lopez and Associates, Palm Desert, California, (Contract No. C15680) in the amount of $40,150 for the design of landscape and sidewalk along the north side of Fred Waring Drive between California Street and Elkhorn Trail and authorize the appropriation of such funds. Motion was seconded by Mayor Pro- Tempore Crites and carried by a 4-1 vote with Councilman Ferguson voting NO. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR APPROVAL OF CONTRACT WITH HILTON, FARNKOPF & HOBSON, LLC, FOR SOLID WASTE FRANCHISE CONSULTING SERVICES. Councilmember Benson stated when the solid waste franchise was renewed last time it was because Waste Management and BFI were located in the Valley. She inquired why a consulting firm was needed since Waste Management and USA Waste are one entity, and BFI was no longer in the Valley. Mayor Pro-Tempore Crites stated the consultant was for firms who may choose to come to the Valley to bid. Ms. Lisa Constande, Environmental Conservation Manager, stated that she had recently received two separate phone calls from real estate agents. She added although they cannot divulge their clients, they did inform her they were inquiring about land available to companies dealing in solid waste. She further added most companies were aware the City's franchise agreement would expire in 2000, and within the last year and a half, seven or eight different companies had inquired about the solid waste franchise. She also stated that staff had been faxing to tinnage information to various companies because they could not receive the information from Waste Management. She stated she could not guarantee other companies would come to the Valley, but there were numerous inquiries made about the franchise agreement. Councilmember Benson questioned whether the $95,000 fee was ayrLvrL.ate just to inform staff and Councilmembers the City may or may not need someone else coming into the Valley. Ms Constande stated approximately four and a half years ago, the extension of the franchise agreement was renegotiated. She stated prior to that time, the City had not formally put together an RFP to go out to bid for solid waste services. About one-third of the contract amount would be to gather statistical and data information. The information would be used by those who wished to submit proposals so they would know exactly what they were bidding on. Thus, more accurate rate schedules, equipment information and capital investments could be made. She further stated that the City does not have any of that information available at present. Ms. Constande stated the reason staff requested a sole source was the company had extensive experience with Riverside County. The consultants had just reviewed all landfill operations with Bob Nelson of the Riverside County Waste Resource Management District, worked with the City of La Quinta and assisted the City of Indian Wells award a franchise agreement. She stated they were familiar with the dynamics of the landfill situation in Riverside County, and the fee structures in California. She further stated the learning curve with them would be very short. Although there were no guarantees that other haulers would come to the area, with the assistance of the consultant the best RFP would be put together to attract as many bidders as possible. Councilmember Benson inquired as to when the contract for Waste Management expired. Ms. Constande stated that in 1995 the contract was extended five years. The current contract 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * expired June 30, 2000. She added there were over 65 haulers with franchise agreements in the Los Angeles area. She further added that other contracts in the Coachella Valley come up for renewal with a domino effect. The haulers felt if they could get into Palm Desert, they had a better chance to obtain agreements with the other cities. Councilman Kelly inquired if an RFQ was utilized for the consulting firm. Ms. Constande stated staff would have prepared an RFQ, but time constraints were prohibitive. She added by doing an RFQ at this time, staff would lose an estimated 90 months of negotiation time and RFP preparation. She added that many franchise agreements were coming up for renewal in other areas at the same time, and the more time staff had to review the consultants reports and prepare an RFP, the better. She further added the consultant firm came highly recommended from their business dealings with other public agencies. Hilton, Farnkopf & Hobson dealt only with public agencies. Other consulting firms also worked with public agencies, but also worked with haulers and landfill operators. Staff felt that if one of the other consultants were used, it may cause problems during negotiations. Mayor Pro-Tempore Crites stated that if an RFQ was prepared, one of the specifications would be they had never worked with a hauler or landfill operator. In response to Mayor Spiegel's inquiry about Indian Wells' expenditure for their RFP, Ms. Constande stated she did not know what their expenses were. She added the company was highly recommended by both the cities they were working with. They also received rave reviews from Riverside County staff and their executives. She added during the Riverside County project, the consultants worked with all the cities in the Coachella Valley evaluating the landfill operations and closure and post -closure fees when the 1850 pass back was received. Ms. Constande stated staff was comfortable with recommending Hilton, Farnkopf & Hobson to Council. She reiterated that many franchise agreements would expire in 2000, and this may or may not limit the amount of responses received. Councilman Kelly asked where the money would come from. Ms. Constande stated that $60,000 would come from Environmental Conservation Division, and $35,000 needed to be appropriated. Councilman Kelly inquired about a Tipping Fee Fund which was being held to do this type of project. Ms. Constande stated that once the contract was awarded for hauling, the City may write into the contract that the money would be reimbursed to the City for RFP preparation and consultant services. Councilman Kelly moved to, by Minute Motion: 1) authorize staff to negotiate a contract with Hilton, Farnkopf & Hobson, LLC, for solid waste franchise consulting services (Contract No. C15690) in an amount not to exceed $95,000; 2) that the City appropriate $35,000 from the Tipping Fee Fund; 3) that part of the successful bidding process is reimbursement to the City ; and 4) direct staff to return 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to Council for final approval of contract and appropriation of funds. Motion was seconded by Councilmember Benson and carried by a 4-0-1 vote with Councilman Ferguson ABSTAINING. E. REQUEST FOR APPROVAL OF TWO FIRE INSPECTORS AND SUPPORTING CLERICAL PERSONNEL. Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the request for two additional fire inspectors and supporting clerical personnel to enhance the annual fire safety inspection program in the City of Palm Desert. Councilman Ferguson stated the issue was raised at the Cove Commission meeting. He stated they proposed changing to a fee -based system because a lot of the fire inspections requires follow-up inspections. He added there was more time spent doing follow-up inspections than anything else. He added the City was being asked to contribute $60,339 for two inspectors and one assistant. He inquired about what could be expected from the revenue from these inspections based on the Cove formula. MR. MIKE MC CONNELL, Fire Marshal, stated a conservative amount would be $95,250 for the three cities. He added the money not had been broken down for each city. Mr. Diaz stated that ultimately the goal was not to receive any money back. Council concurred. Motion was seconded by Ferguson and carried by unanimous vote. With Council concurrence, Mayor Spiegel suspended the agenda at this point in order to allow participants of the Student Government Day to conduct the mock City Council Meeting. F. REQUEST FOR APPROVAL OF "RED LIGHT RUNNER" PROGRAM. Mrs. Gilligan stated this program had been before the Public Safety Commission four different times and received amendments along the way. She added the Minutes of those meetings had been provided to Council. She stated the program had been approved with a 4-1 vote with Chairman Tschoop voting no. She added Chairman Tschoop's comments were reflected in the minutes. Mr. Ken Weller, Risk Manager, made a presentation to the Council regarding the "Red Light Runner" Program. He stated a binder was distributed to each Councilmember with information on the different news articles and reports by representatives of the Traffic Safety Highway Institute. Mr. Weller stated the need was identified by different methods. He stated the Public Works Department had consistently done speed counts to set and approve speed limits within the 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * community, but the driving public was more concerned about collisions which occurred when drivers ran red lights. Mr. Weller stated cities that have implemented the program, had a 75 % approval rate from the public. Mr. Weller stated staff reviewed the accident reports from the past two years. The review showed 119 traffic accidents occurred, of which 45 (38%) were attributed to red light violations. Fifty-four people were injured during those accidents. Mr. Weller stated he and Lt. Pittman visited Beverly Hills and Oxnard to see the systems in place. He was informed about the do's and don'ts about implementing a system such as this. In Beverly Hills, they merely put the program in place without consulting the police department, which created problems. He added that although they encountered problems implementing the program, it had been successful thus far. The City of Oxnard was also visited, which was the first city to implement this program. Mr. Weller was informed by staff in Oxnard that the National Highway Traffic Institute prepared an extensive report showing the benefits such as reducing traffic accidents and injuries. Mr. Weller stated staff had met with the local presiding judge and court administrators and they approved the program, although it would add to their workload in processing the violations. He added that an estimated 600 violations per month would be before the courts once the program was in place. Mr. Weller stated the vendors were also reviewed for this type of a system. He stated there are three different vendors who do "Red Light Runner" Programs: Laser Technology, American Traffic, and USPT/Lockheed Martin. Laser Technology was strictly digital system, i.e., it does not use a wet film. The reason why Laser Technology was not recommended was because the digital system had not been approved by the court systems in California. American Traffic was not recommended by staff because they had not received favorable reports by others who had investigated them. He added the City of Scottsdale, who utilizes the program, did not contract with American Traffic, even though it was located within the city limits of Scottsdale. Mr. Weller stated the process was very lengthy and required a lot of checks and balances, which American Traffic did not show. USPT/Lockheed Martin had contracted with more cities than the other two vendors combined. Mr. Weller stated they were the largest provider of red light cameras and were situated in most major cities - San Diego, Los Angeles, San Francisco and Denver. Staff reviewed one of their sites and followed the process they followed and felt it was the best overall. He stated the program had greater capabilities to seek those people who reside outside of California, as well as in Canada, to get their drivers' license number and send them a citation. He stated 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * individuals would not be exempt from receiving citations because they lived out of State. USPT also provided the best training for the court systems and judges. He stated each judge would have the ability to view the picture in the courtroom during the hearings. Mr. Weller stated staff had looked at several modeling options. When the option was picked, the generic option was chosen. There are several methods in which the City can fund the project such as one camera, nine cameras, front and back license plates, and all four corners of a street. He added the program was very flexible but staff requested from the vendors the basic starting point to determine the funding Three cameras were chosen for three different intersections. Each camera would be rotated at nine fixed locations within one intersection. He stated the drivers could not determine which housings held the cameras at any given location. He further stated that since the public would not know where the camera was placed at a given intersection, it would deter them from running a red light. State law sets the fees at $270 for running a red light. The City of Palm Desert would receive $124 for each violation. The USPT/Lockheed Martin program was $3,500 per camera, for a total cost of $10,500 per month for the first year. Also, 50% of the citations would be reimbursed to USPT/Lockheed. Initially, three sites where chosen. Each additional site would cost $25,000 to install the hard wiring of the actual program. Mr. Weller stated staff felt the best way to approach the problem was three intersection with three cameras and the costs would be covered by the fines paid by the violators. Mr. Weller stated there was a possibility of one and a half citations per hour. He added there may be some citations which could not be issued because of situations such as no front license plate, glare, bad photos, etc. He stated staff would have the ability to weed out those citations which were not usable. Mr. Weller stated the Sheriff's Department would designate one deputy to this program. The preparation of the report packet and attending court hearings would be time consuming. Each citation required an electronic signature by the deputy, thus the deputy would need to review each citation, sign it, and send it to USPT/Lockheed who would then send it to the violator. Also, there may be people who would like to view the film to make sure it was actually them in the photo. If it was found that the person who was issued the citation was not shown in the photo, the owner of the car would be required to disclose who was driving. If they failed to do so, they would be ticketed and fined. An office assistant would also be needed to aid the Sheriff's Department in preparation of the packets and scheduling of the violators who wanted to review the photos. Mr. Weller stated the Public Safety Commission and the Cities of Indian Wells, La Quinta and Cathedral City are also interested in this project. They are awaiting the Palm Desert City Council's decision before they make any decisions. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * One of the benefits of the program would be to allow deputies to attend to other duties. Currently, the City pays $70.56 per hour per deputy for traffic enforcement. A system such as the "Red Light Runner" Program would be equivalent to having three deputies at one location. He stated driver awareness would be raised for those entering the intersection. The cost of the program would be placed on the violator. Councilmember Benson clarified that the officers would not be replaced, just assigned to other duties in other areas. Mr. Weller stated it would enhance the program in that the officers would be free to do other things versus sitting at a corner waiting for someone to run a red light. Another benefit would be the enforcement of traffic laws without discrimination. This program had been proven to be effective in reducing traffic violations. The issue of the police contract could be viewed in the following manner. If a $70.56 per hour deputy for 2080 hours per year were placed at one site, and three deputies were needed for a 24 hour shift, it would cost approximately $438,048 per year for deputies. For each system that was in place in three different locations, the City could save approximately $1 million or more. Mr. Weller concluded that the technology of the "Red Light Runner" Program would be efficient and effective, without cost to the taxpayers. It did the work of three officers and provided officer safety. He added that some cities had chosen to use the automatic traffic enforcement system for those same reasons. He further stated that there were multiple options which could be explored further. Mayor Pro-Tempore Crites stated that there were 45 accidents attributed to red light violations. He added that the Y...a..a was designed to primarily correct the tag along. It was the person who was in the left tum lane, the light turned red, and three more cars went through. This was not going to do anything for the person traveling down Highway 111 that did not see the red light or forgot it and drives right through the intersection. He stated he did not believe there would be any benefit for those types of violators. He inquired as to how many of the 45 accidents were caused by people who were tagging on by following people who were legitimately going through the intersection. Mr. Weller stated those people who tag on through a red light could be given a citation. He added it was the design of the program to make people aware that these traffic signals, even though you are going run them, was going to cost you $270. Mayor Pro-Tempore Crites stated once a traffic signal turns red and you are half way through, people who run the light in the other direction are not doing that anyway. He felt a camera would not do anything for these people. Mayor Spiegel stated there were some figures from some of the cities who had the program in place that indicated the numbers of accidents were reduced fairly dramatically. Mayor Pro- 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Tempore Crites asked for data on the accidents and what kind of red light violations were looked at. Mr. Weller stated during his investigation all he could obtain were accidents per location. It was not broken down as to exact cause. Mayor Pro-Tempore Crites stated a wife of a colleague of his was broadsided by a red light runner. He added that the light had been red for approximately 30 seconds with traffic flowing back and forth and the person came down the highway, did not slow down and drove right through the intersection. He further added that a camera would be of no consequence in an incident such as that. Mr. Weller stated he presented the technical aspect of how the program worked and it was Council's decision on the policy of the enforcement. Mayor Pro-Tempore Crites inquired what if there was a question as to who was pictured in the photo. Mr. Weller stated if the owner of the vehicle did not appear to be the person in the photo, they would be requested to identify the driver. He further stated that each person receiving a citation in the mail had an opportunity to go to the Sheriff's Department to view the photos. If they still claimed it was not them in the photo and refused to disclose who was in the photo, the ticket would be issued against the registered owner of the vehicle. Mayor Spiegel inquired about the laser system and its reliability. Mr. Weller stated although it was reliable, the California courts had not approved it to date. If, in the future, it was approved, USPT/Lockheed would replace the wet film camera for the digital at no cost to the City. Councilman Ferguson inquired as to how many red light citations were issued at the intersections which were monitored last year. Mr. Weller responded there were approximately 119 reported accidents. He stated he did not have information regarding how many were red light traffic violations. Councilman Ferguson inquired whether the City had jurisdiction on Highway 111. Mr. Weller stated the City did not have jurisdiction on Highway 111 and would require approval from CalTrans to put the cameras on its system. Staff had been informed by the CalTrans Division that it would approve the placement of the system on Highway 111. Councilman Ferguson stated that various statements had been made regarding the program saving lives and reducing the number of accidents. He asked Mr. Weller what percentage the decrease in accidents were in the different cities he visited. Mr. Weller stated Beverly Hills had a reduction of a 50 to 60% range. He added the Highway Traffic Safety report binder had all the information from all the cities regarding those figures. Councilman Ferguson stated traffic counts were listed per day for the 15 worst intersections. He further stated those added up to 450,000 cars per day, or 182,000,000 per year, and using those same intersections, it was hard for him to believe that the City only had 33 accidents 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * attributed to red lights. Applying the 50% criteria, Council was being asked to spend $880,000 to basically prevent 22 non -fatal traffic injuries per year. Mr. Weller stated the perception out there was people believed that red light running was the norm. Whether there were actually accidents as a result of that, perhaps the City was fortunate and they did not occur. He stated he could not quantify a million cars versus number of accidents. Councilman Ferguson stated his other concern was the area of discretion. Where there was an officer in the field he or she could use their discretion in evaluating a situation. He further stated this program would contain no discrimination with the cameras. A key element in getting this program in place was to get the judge to not reduce the traffic fine one dollar, no matter how mitigating the circumstances, in order to fund the program. Councilman Ferguson clarified there would be no discretion by the field officer or the judge. Once a citation was written, it was a strict liability offense and no matter what the circumstances, the fine would be $270. Councilman Ferguson stated he was also concerned regarding the amount of citations issued. He stated currently there was an average of six traffic citations issued per month for running a red light. The report indicated that over 600 citations would be issued per month at a cost of $270 to the violator, with absolutely no discretion by a judge. He inquired whether or not there would be any kind of notice given to the residents that they were about to get a 100-fold increase to the amount of citations that would be issued. Mr. Weller stated it was required by law to have a 30-day approval process. Citations would be issued but the fee would be waived. Councilman Ferguson asked if any consideration was given to post signs to give tourists fair warning that we have cameras placed at various intersections and there was a mandatory $270 fine for running red lights. Mr. Weller stated it was required by law to post signs at the entries into the City, as well as near the intersections that the program was in place. Mayor Pro-Tempore Crites stated the staff report stated the sign would read "Automatic Red Light Enforcement Program in Use". He had asked several of his students in class what that meant. Out of 30 students, he had only one student who determined it had something to do with photographing. He felt the signage should be required. Mr. Weller stated that signage was required, but the City had the discretion as to the language of the signs. Councilmember Benson asked if someone received a citation and there was extenuating circumstances as to why they received the citation, such as an ambulance was approaching and they had to move out of the way, could they protest the citation. Mr. Weller stated that Council would set the parameters as to how the citations would be issued. Council could establish the number of seconds required into the intersection, whatever was decided was individual to the City and could be accomplished. If it was an ambulance, or an 18-wheel truck where the last tires did not get through the intersection and they received a citation, the City had the ability to make calls or talk to the people to find out what truly 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * happened at that particular point. Although there was zero tolerance, the City did have discretion in deciding how the program was implemented. Upon motion by Councilman Kelly, second by Mayor Pro-Tempore Crites, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting for Closed Session at 6:06 p.m. He reconvened the meeting at 7:00 p.m. With Council concurrence, Item A of Awards, Presentations and Appointments was considered prior to the remainder of Item F of New Business. Please see that portion of the Minutes for discussion and action. Following reconvening of the 7:00 p. m. session, the following discussion and action occurred. Mr. Weller clarified that the program currently before the Council for consideration had a three year cycle and he explained the payment schedule for years one, two and three, as presented in his staff report dated March 25, 1999. LT. COLLEEN WALKER, of the Palm Desert Sheriff's Office, stated the Sheriff's Department supported the "Red Light Runner" program. She added the Department felt it would raise driver awareness, could help save lives, reduce injuries and minimize property damage. From an officer's one of the problems faced with red light runners was they were unable to get around traffic safely to pursue the violator. This usually occurred during the season when traffic was heaviest, and it was not practical, possible or safe to pursue the violators. In addition, the citizens react negatively to a non -responsive black and white unit when a violation occurs and the officer does not pursue the vehicle because he cannot maneuver to get to it. She added they would like nothing better than to go after that violator, but it was not safe for the most part. They also need to see the violation and where the unit was positioned, the violation was not always visible as the violation occurred. LT. WALKER stated she heard a comment earlier as to how the citizens would be informed about the implementation of the Program. She stated there were signs as well as an education process that the representatives from USPT/Lockheed explained to the Sheriff's Department which would occur before the actual citations were issued. Not just the violators, but the entire community would be educated as to the cameras and how they work. Once the community had been education, they would be informed when the program went into effect. The other benefit of the program was enforcement of the vehicle code which required the front license plate on most vehicles. LT. WALKER stated the Sheriff's Department would step up its education and enforcement on this law. She added that would be completed before the program was in place. She also stated the Sheriff's Department did meet with the presiding judge of the Superior Court and was given his support. Although, she wanted to make it clear that a judge's discretion was his own. He had the ultimate say on whether or not he dismissed 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a ticket. The presiding judge did agree that the courts would not reduce the fine, which was the key element that we wanted from the court system. LT. WALKER reiterated that the judge had the ultimate discretion, and he could dismiss a ticket. Mayor Pro-Tempore Crites commented that Lt. Walker's opening comment was good. He added that when a person thinks about things that would encourage or discourage people from running red lights, the perception that the police do not care was wide -spread. He stated he understood the issues and he believed most people had seen a police car at the front of an intersection with people proceeding through red lights, and the officer not do anything about it. He added he was not sure that an automated ticketing system sent as a clear a message to motorists as an officer issuing a ticket in person. Councilmember Benson stated she was very much in favor of the program. She had been watching traffic since the program had been taken under consideration. There were many intersections where she witnessed four and five cars proceed through the intersection even after it had turned red. She also understood why the officers could not go after them because of safety hazards. She stated she recently attended a crime conference in Washington, DC where a 16 year old boy spoke about fines for different violations. He told the audience he could guarantee that if a student was fined for running a red light, the student would think twice before doing it again. He stated that the problem was the teenagers were warned, received a ticket, and thought they were going to get away without punishment. Councilmember Benson stated if more people received a few $270 tickets in a row, she felt they would slow down a little as they go through the intersections. She added that she had not heard any negative reports from citizens in those areas where the Program was in place, and they were happy the city was doing something to slow down the drivers. Councilmember Benson felt the City of Palm Desert was the leader in the Valley and the rest of the cities were waiting to hear Council's decision. She added that if it was not a success, the kiir. ,,, . could be dropped. She had heard comments regarding the amount of officers the City could employ at the same cost of the program, but they did not realize the City could not fire the officers once the program was over. She believed the City could stop the program after the first year and the money would be recuperated. Councilman Kelly stated he was not in favor of the program. He had also watched traffic in the last three months and was convinced that accidents were not caused by people that go through the intersection on the end of the red light. He believed accidents at intersections were caused by someone who was talking on a cellular phone or had other distractions, and simply drove through an intersection. He concurred with the earlier statement made by Councilman Ferguson that the statistics and traffic counts at the intersections in the City did not warrant the Program at this time. He felt the City was doing a good job with regards to traffic accidents. He added if the City wanted to be the leader in something, he would rather it be a leader in something good and not bad, as he felt the Program was bad. He also did not like the idea of tourists coming to Palm Desert, paying $300 to play golf at the Marriott hotel 18 11RINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and $140 at Desert Willow, and then receiving a $270 ticket when they returned home. He stated he did not believe all the costs were shown. The costs did not show the need for a sworn officer to monitor the program, which would be an additional amount. He stated any additional sworn officer should be in the neighborhoods because 90% of all the complaints he received from citizens were with regard to speeding in the neighborhoods. He had never received a complaint regarding someone running through a light when it was yellow. He stated once all the citizens were happy, then he may be willing to vote yes on a red light runner program. Until that time, he would not be in favor of the Program. Councilman Ferguson stated he was not in favor of the program, but could see arguments in favor of it. He was concerned with preserving the character and composition of Palm Desert, not winning or losing the argument. Philosophically, he did not like the idea of putting cameras on the residents. What sets Palm Desert apart from Paradise Valley, Mesa, Oxnard, and Beverly Hills was Palm Desert was a community of 34,000 year-round residents. The population numbers probably increased tenfold during the season over the same period of time, and he could see a lot of complaints from the residents about the cameras. He felt only 10 % of the traffic would adapt, and 90% of the tourists would receive a $270 memento from the City, which may make them think twice about coming back. Two-thirds of the City's budget was wholly dependent upon the tourism industry. He stated that to prevent 22 accidents per year would jeopardize the City's bread and butter with a zero tolerance approach to what he considered a nuisance. He added he could see far more immediate problems in the City's neighborhoods than the red light program. He felt the program would run closer to $1 million, and wanted a more measured approach to attacking the problem than taking a zero tolerance approach. Mayor Pro-Tempore Crites stated he understood the problem but was not convinced the program was the solution. He concurred with Councilman Kelly's statement that people do not cause accidents by tagging on once the light had turned red, but by literally running a red light. He did not like philosophically photographing people. He stated he required a very good reason why we should nudge the citizens further into the direction of photographing, record keeping and intruding. He added the data from the report did not convince him the program was what was needed at this time. He further added he may need to study the information more or visit one of the cities which had the program in place. Mayor Spiegel stated he felt he was on a losing side. He added he was in favor of the Program. Although he did not have the statistics in front of him, smaller cities, such as Oxnard, Beverly Hills, Tempe, and Mesa, had a decline in the number of accidents when their programs were in place. One of the biggest problems today was road rage. Traffic was so horrible that people would do anything to get where they were going. He believed that was why five cars go through a left turn lane on a red light because they had been waiting there and they could not get through. He stated the City of Palm Desert was doing everything it could to make it easier to get through Palm Desert. He added that as long as there are traffic problems, the retail centers and public library would be at a disadvantage. Road rage was a 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * big problem because the cities had not done the job they should have with the infrastructure. Mayor Spiegel stated the fact that the police were present but could not get through the intersection was a fact of life. Most people feel if one person can get away with running a red light, they all should. We have the same problem with speeders. If one person drove 45 mph in a 35 mph zone, most drivers would keep up with the speeder. He stated whatever the City can do in an attempt to control traffic, was money well spent. He felt the Program was one of the ways to control it. Councilman Ferguson proposed that the r. . not be adopted at this time. Councilmember Benson and he had met with approximately 30 community leaders last week with regard to starting a 12 to 18 month process to do a comprehensive blueprint for safety for all of Palm Desert. The numbers showed 70% of the incidents responded to by the Sheriff's Department were traffic related. The community leaders were asked to review the "Red Light Runner" Program in the greater context of a public safety blueprint, and possibly return to Council if they found a need to move forward with the Program. He added the blueprint included every facet of public safety in the City of Palm Desert. Representatives from gated and non -gated homeowner's associations were invited to participate. Subcommittees would be formed on different elements from the Public Safety Plan. The traffic sub -committee, which consists of representatives from Palm Desert Country Club, Palma Village, and South Palm Desert, would be included as well. Councilmember Benson stated before a public safety blueprint was developed, the Public Safety Committee would hear from all different neighborhoods and different groups. She believed the Program would benefit the City but may need a more thorough study. Councilman Ferguson stated that he offered the proposal as a compromise because he heard two Councilmembers saying it sounded like a good program, and three saying not so fast. He felt it did merit further study in a comprehensive context. Councilman Ferguson moved to, by Minute Motion, deny the implementation of the program at this time. Motion died for lack of a second. Mayor Pro-Tempore Crites moved to, by Minute Motion, defer action on the Program to a date uncertain until further review of the Public Safety Blueprint. Motion was seconded by Councilman Ferguson and carried by unanimous vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. CONSIDERATION OF THE APPROVAL OF MC CALLUM THEATRE INSTITUTE "MASTER STREET PAINTER." Mrs. Gilligan stated when the Art In Public Places (AIPP) program was first established, one of the goals was to conduct community outreach and education in our schools relative to the arts. In the years since its inception, one program was the mural at Palm Desert High School. She stated nothing had been done in the last few years. Recently, the Mc Callum Theatre approached the City relative to this program. The proposal was sent to the AIPP Commission for input and recommendation relative to its value, not to just the schools, but the community as a whole. The committee saw it as teaching program and outreach program to the Valley as a whole. Mrs. Gilligan invited members of the AIPP committee to be here tonight since she did not have an active participation in the discussion or consideration. She added that Mayor Pro-Tempore Crites as well as Councilmember Benson had been involved in the discussion of the program. She stated Kevin Grochau, Chairman, and Carolyn Miller of AIPP Commission, Kajsa Thuresson-Frary from the Mc Callum who actually brought the program, and a representative from Madison Marquette were all present. She added that Madison Marquette was the site the Commission recommended for the project. MS. CAROLYN MILLER, stated the AIPP Commission had endorsed the project. She stated the reason was primarily because of the community outreach component. Even more significant, was the significance of the artist involved - a world renowned street painter artist. We looked to this artist as the leading guru of street painting, which was very ancient work. The Commission was aware that budget was quite large, but knew that came with the reputation of the artist. The opportunity for community outreach for students as well as adults was very important to the Commission. Site inspections and criteria were also considered. She added the Commission wanted to find a location for this particular art (which was temporary in nature) that would have the most exposure and most opportunity for becoming somewhat permanent in nature. Some of the criteria was a gathering place which accommodated for crowds. Security was another factor, as well as lighting for the evening viewer and ample viewing points. Street art was best viewed from above the project. The most appropriate site was the Gardens on El Paseo. In particular, the grassy area. Madison Marquette was approached and they were enthusiastic about the project. MS. KAJSA T URESSON FRARY, Education Director of the Mc Callum Theatre Institute, addressed the council regarding the Kurt Wenner program. She stated the program was a multi -layered community event. An artistic project in essence although it brought with it some promotional qualities and opportunities. She stated Kurt Wenner was a street painter, a 20th century "madonnari", and the only American to have earned the title of "Master Street Painter". He was born and raised in Santa Barbara, California and spent most of his adult life in Italy where he perfected his craft. He viewed his street painting as performance art where he, as the artist, derived much of his creative energy from the energy of the people passing by on the streets. Although street painting was not permanent, people would leave with 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * memories and impressions. It was vulnerable to the elements and would disappear with time. Kurt Wenner was a firm believer in arts education, and sets aside a whole month for school residencies each year. In recognition for his contribution towards art education, the John F. Kennedy Center in Washington, DC, awarded him a medallion. He was an experienced lecturer, lecturing on a variety of art -based topics. Kurt Wenner's residency in Palm Desert would be May 17 through 22, 1999, where he would create an original street painting (20 by 20 feet) at the selected location and welcomed ideas as to the theme of the painting. MS. THURESSON FRARY stated Mr. Wenner would also undertake a two-day residency at Palm Desert Middle School working hands-on with teachers and students from selected classrooms who would create their own street paintings in their new parking lot. He would lecture to the entire student body on the art of street painting. There would be many different ways and opportunities for which students could participate in this project. This program would have a unifying effect and strengthen students' sense of themselves and school as a valid and important part of the community. She added the Mc Callum was currently working with Principal Chris Nugent and the art teacher, David Lawson, to further shape the project at the school. She stated an evening lecture would be offered free to the public at the Mc Callum Theatre on the art and the history of street painting. A week-long special exhibition of relevant literature and text would be featured at the Palm Desert Public Library as well. The library would also host one lecture by the artist open to the public at no charge. During the week, other Palm Desert schools would be invited to visit Mr. Wenner's work at the Gardens on field trips, and follow the progress. Materials on street painting would be supplied to the teachers in advance so they could prepare their students for the experience. There would be a public unveiling and celebration of the completion of the art and the work of the Middle School students. An extensive media plan had been assembled and would be carried out by the Theatre's public relations manager, Judy Posky. The community would be able to follow the art process very closely, either in person, radio, television or printed media. MS. THURESSON-FRARY stated the Mc Callum Theatre viewed this project as an opportunity to bridge the worlds of visual and performing arts. As the season at the Institute begins in May, they believe this project may enrich and enlighten the residents, extend the season, and attract significant interest from groups all over Southern California. She thanked the Council for their consideration. In response to Councilman Ferguson, MS. THURESSON-FRARY stated the artwork would last dependent on weather conditions. She stated the weather in the Valley could be a factor and the artwork could last for over one year. Councilman Kelly inquired as to who decides what would be done. MS. T.HURESSON- FRARY stated the theme would come from a dialogue with the artist and members of the AIPP Commission. The Councilmembers could also submit any ideas they had to the Commission. Mrs. Gilligan stated the Council would receive the final review of the theme. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In response to Mayor Pro-Tempore Crites' inquiry, MS. THURESSON-FRARY stated the artwork was a creative process and the artist would interpret the theme or statement which was derived from the meetings with the AIPP Commission and Council. A rendering would not be available as it was a work in progress. Councilman Kelly stated the artist would have some idea before he started. MS. THURESSON-FRARY stated they received a call from the artist last week stating he was ready to start thinking about his painting in Palm Desert. He stated he needed input but at the same time be allowed to have his artistic freedom to interpret the City's ideas. Councilman Ferguson stated he would like input as to the concept. He added that Mozart was commissioned to do a concerto and the King of Austria commented that it had "too many notes." He would like the artist to come up with a unique piece of work that may wind up in one of the brochures. Councilmember Benson stated if any of the Councilmembers have an idea, to pass it along to the AIPP Commission for the development process. She added the final approval would be with the City Council. Councilman Kelly stated he was concerned about the theme. He stated if he disagreed with the theme he would vote no. If a citizen complained to him, he could say he didn't care for it either or that he thought it was great. He stated he would like to look at it before it goes. Mayor Pro-Tempore Crites inquired whether the artist would be on -campus at either of the local grade schools or the high school to do things specifically with those students. MS. THURESSON-FRARY stated the artist would only be here for six days. She added that the size of work he would be doing at the Gardens was significant and he needed four days to complete the artwork. She further stated that was why other schools would be invited to the worksite, where the artist would be available for a brief question and answer session. She stated the Mc Callum Theatre Institute would prepare good materials for the teachers to prepare their students before they go to the site. Mayor Spiegel stated the Middle School students would take their knowledge back to the school and emulate it. MS. THURFSSON-FRARY stated a lecture was usually the first step on the art of street painting. Mr. Wenner would then put together a small group of students where they play out different concepts. He then spends the rest of the first day on instructing the team of teachers so they could be available the second day to facilitate when the different classrooms of students start painting their own paintings. The artist would be there hands-on, walking group to group and assisting them in their creation. Mayor Pro-Tempore Crites inquired as to who bestows the honor of "Master Street Painter". MS. THURESSON-FRARY stated she believed there was a formal organization in Italy of street painters. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson inquired about the size of the site. MS. LISA TWOMEY of the Gardens on El Paseo stated she did not know the exact dimensions but they had measured out the 20 by 20 area which the artist needed to create his masterpiece. She added that a section was allocated that could be a somewhat permanent area. Councilman Kelly moved to, by Minute Motion, approve the McCallum Theatre Institute painting art project. Motion was seconded by Councilman Ferguson. Councilman Ferguson stated that although it was hard for him to get excited about art, he was dying to see this happen. He also clarified that Council would only have one vote on the issue. He stated the City would commission the artist, pay the money and the artist would come and Council would have an opportunity to view it before the public sees it. Councilman Kelly inquired what would happen if an inappropriate picture was painted. He wanted to know if Council would vote it down. Mayor Pro-Tempore Crites stated it may not necessarily be the case. MS. THURESSON-FRARY explained that Council would be able to give input as far as to the concept, but to keep in mind that this was an artistic creation. She clarified that the artist would not bring a draft of exactly what he would do. Councilman Kelly stated he would like an endorsement of what would appear at the site. MS. TH URESSON FRARY stated that a theme would be derived from a discussion between the Commission and the artist. It could be something, such as Palm Desert going for the new millennium, or just to say something. She stated the Council probably did not want palm trees in the project since there were enough of those. Motion was carried by unanimous vote. Councilmember Benson stated it would demonstrate the City's confidence in Madison Marquette. They had spent a tremendous amount of money in the community. She added that this would be a good business promotion and also show that the City puts their money where their mouth is. Mrs. Gilligan stated Ms. Carolyn Miller had been at City Hall since 1:30 p.m. working with the students and thanked her for her time. H. REQUEST FOR APPROVAL OF AMENDMENTS TO DESERT WILLOW POLICY FOR CHARITY EVENTS, INCLUDING REPORT ON THE HISTORY OF PREVIOUSLY APPROVED CHARITY EVENTS. Mr. Ortega stated when Desert Willow was first opened, a quick and fast policy for dealing with the charity requests was put into place. He added that now the Committee had a chance to go over three years' worth of requests, there were some grammatical changes as well as a 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * few additions the Committee would recommend be changed to the policy. Essentially, the policy allows non-profit organizations to request the use Desert Willow for the purpose of raising funds. Desert Willow initially provided a special rate of $25.00. One of the requested changes was to change the rate to $35.00. Mr. Ortega further stated the other change was to ensure the fact that the charity was a 501(c)(3) organization. Another addition was the organization charge tournament participants not less than the posted rate applicable for the particular date and time. Thus, a group of golfers had an interest in providing for a charity, and not just to play at Desert Willow at a reduced rate. Another addition would be that a budget be provided by the charity identifying the proposed use of the proceeds from the tournament. Mr. Ortega added that if an organization had previously hosted a tournament at Desert Willow, they would be asked to submit a report as to how the funds were used. Mr. Ortega stated there were other tournaments that could be held at Desert Willow. Under the contract, those could be negotiated, but the policy only applies to those specific tournaments that want to take advantage of the policy and reduced rate. He stated the history of those organizations that requested to be considered, no one had been turned down. He added that this year, eight organizations had requested a tournament. Of those eight, one decided not to hold the tournament, and the other proceeded to negotiate with the Desert Willow management because they requested a two-day tournament. Councilmember Benson stated that since 1997, most of the organizations had been there every year. She stated the policy did not allocate what types of organizations could hold the events. She added that in the first year, the Family YMCA, Valley Crime Stoppers, Chamber of Commerce and CVMAC had tournaments and every year thereafter. The Rotaries had been there every year, as well as the Chamber of Commerce. She stated that it was the same groups over and over which received approval. She stated her contention was that there were other groups that would apply if they thought they had a chance for approval. She felt the policy needed to spell out how many service organizations, etc. would be approved each year. Councilman Kelly stated that four organizations were strictly and entirely Palm Desert charities. Those organizations kept all money received from the tournament in the City. Repeat tournaments were not any different than the charitable organizations who received charitable contributions. Councilman Kelly stated that although the same organizations use the facilities year -after -year, they all fit the criteria. He added the funds received from the tournaments were going to appropriate places. All the money raised by the Rotary clubs went into the City of Palm Desert. He felt it was unfair to eliminate an organization because they had used the facility repeatedly over the years. He added that if the organization was consistent about using Desert Willow, they received priority status. Councilmember Benson stated she had no fault with what Councilman Kelly stated, but she thought there were other organizations that do a lot for the City of Palm Desert as well as its residents and the wealth should be shared. All organizations should have an equal opportunity 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to use Desert Willow for event. She added that it was a municipal course, it was met for the whole City and Valley and there were other groups that may not be as big, but do just as good work and they may like to have a chance to use the facilities. Councilman Kelly stated the reason the policy would be amended was to limit the amount of charitable events each year to six. The times the tournament were held was when the course was slow. There were times when the fees were only $35. The reason for the $35 fee was because they used the course in the afternoon during the off-season. Organizations that had used Desert Willow for their events previously, should be able to keep their slot. Councilmember Benson stated the policy should not be limited to six each year. Councilman Kelly stated they had limited the amount to six because that was what they thought she had wanted. Mayor Pro-Tempore Crites stated there may be some common ground between these two. Perhaps it was needed to do just as what was done with charitable contributions. He added that Palm Desert organizations should be informed the course was available between certain periods of time, and which ever organization applied should be considered. Councilmember Benson stated there was no advertisement involved at present. Mayor Pro-Tempore Crites stated as long as an effort was made that other Palm Desert organizations had the opportunity to make the request, the Golf Course Committee would review the requests. He added that as long as there are requests for use of Desert Willow, no matter how many requests were received, they should be approved as it did cut into other places where money was being used. He further added that Councilmember Benson was looking for an opportunity for more people to be introduced to the course. Councilmember Benson stated that in line with the charitable contributions, staff could let other organizations know that applications were being accepted. Those organizations could apply if they so chose. Councilman Ferguson stated he agreed with Councilmember Benson's objective. He felt it was to allow non -Palm Desert based organizations, such as Shelter from the Storm, the Rescue Mission, to use the course. Those organizations who provided benefits, not just directly to Palm Desert, but Valley -wide. He felt the City had been regional about every other approach taken, not to exclude those organizations that directly benefited high school students, such as the Rotary or Palm to Pines. He added that money was not lost on tournaments held in the Summer. He further added the City should promote those events and get more community involvement in the golf course during that time of the year. Councilman Ferguson stated he did not want to limit the amount of tournaments to six per year, as that rule had never been followed before. He would like to remove the words "directly provide" and replace with "provide benefits or services to Palm Desert". He did not know of anywhere else where the 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Council had stated the charitable organizations' money was to be used only in Palm Desert. He felt the City had excellent examples in the CDBG money and the outside agency funding. Mayor Spiegel stated that Palm Desert Chamber of Commerce was not a charity. It never had been, and never gave money to anyone. All their money stays within their organization. Neither the Valley Crime Stoppers nor Coachella Valley Mexican -American Chamber of Commerce gave all their money to Palm Desert. He stated the Emanuel House and the St. George Greek Orthodox Church dropped their requests. He inquired whether Council was taking a position that it not accept church organizations. Mr. Ortega stated that Emanuel House and St. George Greek Orthodox Church both requested two-day tournaments. Mr. Lindquist was able to work with them within the tournament procedure and both organizations were satisfied. Mr. Ortega stated all other requests were one -clay events. The organizers of the two-day tournaments paid a little more money. He added the golf course was set aside exclusively for them on those dates. Councilman Kelly stated the Council had to give Kemper an opportunity to negotiate since they knew when the course was played at the regular rate. They also knew what kind of rates they could get for a tournament. The City was inexperienced; it did not know what kind of play it would get at certain times of the year, or how much it would be charged. As other applications were received, the Committee was better able to recommend doing more. The Committee worked with Kemper in an attempt to abide by the established guidelines. Mayor Spiegel stated he did not disagree, but if the guidelines stated all organizations must be charitable organizations, then it needed to be changed. He added that previously they all stated they would benefit Palm Desert, and they did not. Councilmember Benson stated that in that tone, the word "charitable" should be removed because if the Chamber was going to have a tournament, it was well known they were not a charitable organization. Councilman Ferguson stated "charitable" would have to be removed 501(c)(3) was public benefit, it was not limited to charity. He added that the Chambers were publicly benefited. Mayor Pro-Tempore Crites suggested that the wording be changed to "public benefit". Mayor Pro-Tempore Crites suggested continuing the subject matter for staff to review types of eligible organizations and make consistent with municipal and community interests. He went on to say that rather than a number, tournaments should be permitted that are consistent with community and municipal interests. Councilman Kelly stated added language could reflect related use of the golf course. He said there may be room for 20 events. Councilmember Benson stated the "six per year" language should be removed. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega stated the 501(c)(3) was a particular designation of the IRS Code, and there were several types of organizations under that Code. He inquired whether the organizations were limited to, for example, the Chamber. Mayor Pro-Tempore Crites asked that the list be checked to see if there were any organizations on the list that did not fit the 501(c)(3). Mr. Erwin stated there may be some organizations that did not fit that section, but could under another sub -number. Mr. Diaz stated there may be some which did not fit under that designation that the City may also want to let use the course. Mayor Pro-Tempore Crites moved to, by Minute Motion, continue the subject matter to a time uncertain in order to allow staff to review eligible organizations for qualified charity golf tournaments consistent with community and municipal interests and remove language which specifics an exact number of organizations, taking into consideration use of the golf course for such events. Motion was seconded by Councilmember Benson and carried by unanimous vote. I. REQUEST FOR APPROVAL OF AMENDED FIRST AMENDMENT TO COACHELLA. VALLEY REGIONAL AIRPORT AUTHORITY JOINT POWERS AGREEMENT (CONTRACT NO. C08461). Mr. Erwin stated the subject item reflected an amendment to the agreement that Council had previously approved in May 1998. However, he reported since that time additional technical corrections had been made to the agreement: 1) Changing the name to the Desert Resorts Regional Airport, instead of Thermal Airport; and 2) changing the name of the authority to the Desert Resorts Regional Airport Authority. Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute the subject amended agreement. Motion was seconded by Councilman Ferguson and carried by unanimous vote. VIII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENTS TO PALM DESERT RENT REVIEW GUIDELINES (Continued from the meetings of February 25, and March 11, 1999). Mr. Erwin stated that several communications had been received with regard to the proposed amendments. He asked Council to continue the item until staff had fully reviewed the communications and found a solution that was amenable to all parties. Mayor Spiegel moved to continue the subject item to a time uncertain. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE STREET RESURFACING PROGRAMS FOR FISCAL YEARS 1998/99 AND 1999/2000 (CONTRACT NO. C15610) (Continued from the meeting of March 11, 1999). Mr. Folkers reported that the item was continued from the last meeting where staff was directed to take the matter before the Project Area No. 4 Committee. He stated that had been done, with the Committee's Chair approving of the program, and there had been no adverse comments received from any of the rest of the committee members. Therefore, he said staff recommended approval to proceed. Councilman Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the subject programs. Motion was seconded by Mayor Spiegel. Upon question by Councilmember Benson if streets scheduled in the programs included those which were cited in an earlier letter to the editor of the Desert Sun, Mr. Folkers responded that street would be done yet this spring. Further, he stated that the exact streets would be identified in the respective specification packages when bids were solicited, and those contract awards would come back before Council. The motion carried by unanimous vote of the City Council. IX. OLD BUSINESS A. CONSIDERATION OF TRAFFIC CONTROL AT PALM DESERT HIGH SCHOOL. Mayor Pro-Tempore Crites and Councilman Ferguson noted that they had been at the high school earlier today with their Student Government Day participants and Mr. Greenwood, and they had an interesting discussion about the traffic situation there. Mr. Mark Greenwood, Transportation Engineer, noted that the traffic concerns, specifically regarding drop-off of students, had been ongoing for several years. He reported that Palm Desert High School (PDHS) was attended by approximately 1,500 students, of which only about 300 arrived by bus. The remainder, he estimated at 1,000 arriving by car; the rest by foot or bike. With only one access road, traffic concerns resulted. He said staff had attempted to itemize the concerns and possible responses, and he presented various photographs of the traffic situation. Mr. Greenwood said the first concern was the pick-up and drop-off zone; currently, most parents had to use Phyllis Jackson to enter the school grounds, contend ' with all the school traffic, then exit the site. He stated that from southbound Cook Street, the bike lane in the street didn't present enough room to allow a parking lane or a drop-off area as presently striped. He suggested a simple solution to that might be diverting the bike lane onto the sidewalk, as was done north of the site through the Cook Street wash, and the new bike path 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * around the baseball field also joined the sidewalk. He said if bikes and golf carts were kept on the sidewalk at this location, possibly widening the sidewalk somewhat, room on what was now the bike lane would be available to make a parking lane for drop-off. He said although staff was unaware of the amount of demand for such a configuration, it suspected there would be a substantial number of parents who would choose that location, even diverting from other routes that weren't anticipated. He went on to say that the other possibility at Cook Street was relocation of the three utility poles away from the curb line or by undergrounding. He noted that with regard to the four above -ground utility poles at the location, utilities had been undergrounded north and south of the site and felt it was a prime candidate for an undergrounding project. Mr. Greenwood went on to say that if the City was to widen an eight -foot parking band at the location, then it could maintain the bike and golf cart lane in the street and parents could drop-off students, similar to a bus bay. Mr. Greenwood reported the next issue was traffic in general on Phyllis Jackson; it carried a high volume for a half hour each morning and evening. He stated that all of the traffic had to go through the stop sign on Phyllis Jackson at Fred Smith, and with the signal at Phyllis Jackson and Fred Waring in close proximity, the two controls often fought each other since the left turn signal allowed groups of 30-50 cars at a time, and the stop sign could only handle two cars, side by side, at a time. He said a possible solution would be to remove the stop sign and maintain some staff there since staff currently stood at the site certain times of the day to wave traffic through. Rather than have staff do that, Mr. Greenwood felt it would be better to eliminate the stop sign and have the same staff only stop traffic when necessary for the buses on Fred Smith. He then displayed a photograph of the situation as taken at 7:30 a.m. today. He offered that to improve control without removing the stop signs there, a traffic signal could be considered; however, it was not recommended at this time. He noted that even after getting through the stop sign at Fred Smith, there was still substantial congestion with parents trying to pull into the bus bay to drop off students, other vehicles trying to drive around— quite a mess for a 20-minute period. Mr. Greenwood stated recent traffic enhancements in the PDHS area were installation of a flashing beacon two years ago on Cook Street at the crosswalk, and this year fluorescent yellow -green school signs were installed. He reported those signs had received many positive comments and noted all other schools on arterial streets requested the same type, which the City was in the process of installing. Mr. Greenwood went on to say that another area which generated much concern was the crosswalk on Cook Street at Fred Smith. He said requests had been received to install signals at the location, to implement school crossing guards, or to relocate the crosswalk for just a pedestrian signal. While they were all possibilities, he stated another was to remove the crosswalk all together and direct students to the existing traffic signal at Fred Waring and Cook Street with pedestrian control, 600 feet south, which provided excellent control. He pointed out that the Cook Street crosswalk had an excellent safety record, with only one pedestrian accident recorded since 1985. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The impact to Waring Court, the next residential street north of Fred Waring from Phyllis Jackson, was the next issue addressed by Mr. Greenwood. He said as was illustrated in a previous photo, traffic could actually be trapped in Waring Court from all the students and parents accessing the high school, and there had also been an issue with student pick-up and drop-off from the vacant lot, as it was now heavily rutted from vehicles pulling onto the lot to pick up students. He commented that the residents there were concerned for the negative impact to their street. He offered that possible solutions included a preferential parking zone -- in this case, a "preferential stopping zone"-- noting that it was legal to stop for any amount of time in a no parking zone as long as someone remained in the vehicle. Additionally, Mr. Greenwood said another issue was to create an additional high school access point, and he again showed a view of Cook Street north where the new pedestrian and golf cart path joined the sidewalk there. He stated discussions had actually occurred over the past year about developing an access point between the football and baseball fields, which the students also discussed during their session. He said it would join the existing access road to Cook Street and could be configured various ways: 1) As an exit only in the afternoon; or 2) as an entry in the morning and exit in the afternoon, which he felt was a promising option, although not an easy one. He felt the project would entail considerable earth work, sidewalk, and modification of the new golf cart path, yet felt it merited consideration. He commented that if it were to proceed with what it knew today, staff would recommend proceeding with some or all of the recommendations; however, it was also concerned for not taking an action that was too drastic without performing a thorough evaluation— it was an area of intense traffic which could be quickly worsened if the right approach was not used. Therefore, he stated that staff recommended a modest approach to effect modest improvement over time while striving for the ultimate situation. Upon question by Mayor Spiegel about one of the students' earlier issues with regard to additional high school parking, Mr. Greenwood responded that it was not an issue he nor Public Works had been aware of previously. He added that he felt there was also room for substantial improvement at a moderate cost— mostly by restriping and a small amount of island modification to effect a 10-15 % increase in the number of spaces. Mayor Spiegel and Mayor Pro-Tempore Crites remarked that no one from the high school nor school district was in attendance to benefit from the presentation. They wondered what action could be taken to get serious participation by the school district to solve a problem not occurring on City property. Mr. Greenwood replied that staff had met with various school representatives; that he, the City Manager, and school principal met approximately one month ago; Mr. Folkers and the vice principal had met; and that he and the security officer had met in the past. He said the general consensus following those meetings was that the two entities could work together to reach a solution. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites commented that at the highest levels, the City and school district needed to agree to set the problem out front and solve it together with combined resources. He felt that the City contributed an enormous amount of money to the school district, yet most of it went somewhere other than Palm Desert. Mr. Greenwood agreed, adding that any action taken on the school's sites that substantially affected those sites should be done in coordination with the district. Councilman Kelly felt the best alternative was to create an entrance from Cook Street, which would need funding, and he felt a committee needed to be formed with the school system to draft a funding agreement between the City and the school. Mayor Spiegel said he wasn't a member of the Council when the high school was built, and he wanted to know about residents south of the school who wouldn't allow traffic behind their homes, fencing off the road. He said it appeared to him now that since everything was going up Phyllis Jackson, and that was the only route those residents could use from their homes, it must be terrible for them. Mayor Pro-Tempore Crites stated some of the residents had access to Fred Waring. Councilmember Benson noted that the street was closed by court order. Upon question by Mayor Spiegel if it was possible to open the street if those residents agreed, Mr. Greenwood answered that the residents had at least agreed to meet on the issue; whereas, in years past they wouldn't even discuss it. Mayor Spiegel felt this would be an inexpensive method of alleviation. Mr. Greenwood agreed; however, he said there was a concern that all of the traffic that currently used Fred Smith and Phyllis Jackson would still have to use the intersection of Fred Smith and Phyllis Jackson. To Councilman Kelly's question about making it one-way, Mr. Greenwood responded it would still carry the same people entering the school in the morning, and he further answered Mayor Spiegel's question about the cost of opening the street by stating a sound wall might be deemed necessary. Mr. Diaz remarked that staff had been working with the principal and the school district, but it was the school district administration which had the decision making authority, just as the City was working with them with regard to Palm Desert Middle School. He added that he had offered to go with Mr. Walsh, high school principal, whenever a meeting could be arranged with the homeowners in the area to determine whether the street could be opened. He said it was now evident that the Cook Street entrance was a key to the long range program, and staff would continue to work with the school officials in a unified approach. Mayor Spiegel felt Mr. Walsh was being given more credit than he deserved; he didn't think Mr. Walsh had much authority to do anything at the school. Councilman Ferguson stated today with Mayor Pro-Tempore Crites was the really the first time he examined the issue, spending about 45 minutes on it. He commented that according to the staff report, the Mayor had met with school officials, and he asked for Mayor Spiegel's input. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel said he really didn't have one. He noted he had only met with Doris Wilson and a school board member, and he and Mr. Diaz had met once in December where plans were made to continue meeting once per month as scheduled by the school; however, they had not met since. He remarked that the first meeting was very amicable, but of little substance. He felt the present objective was to move forward. Further, he said in talking with the students today, he was very disappointed and frustrated to learn of the apathetic atmosphere which was prevalent amongst the student body. Councilman Ferguson concurred and stated his student spoke of the same. Councilmember Benson added that the students said their parents gave them a year at PDHS while waiting to get into La Quinta, and that battle had been fought before with the school board since that was where the money appeared to be going-- La Quinta classrooms were computer equipped, Palm Desert's were not. Mayor Pro-Tempore Crites said with regard to Fred Waring, one of the issues he, Councilman Ferguson, and their student counterparts concluded was that the existing drop-off location was posted such that it was illegal to drop off students there until after they would already be considered tardy. Mr. Greenwood agreed that the time on the sign was wrong, and gave assurance that it would be corrected immediately; however, it was not illegal to park there before, but it was confusing. Further, Mayor Pro-Tempore Crites felt the subject location was an unsafe place; although it was a wide lane, it was right next to traffic, and he would feel uncomfortable pulling over to drop off students there. He said it also appeared that students were being let out on a sidewalk in front of a residential area-- there was nothing to identify the area as set aside for that purpose. He said he and Councilman Ferguson discussed that before houses were built in the date grove next door, the City should vigorously endeavor to reserve as much, if not all of the frontage there for construction of a drop-off zone, admonishing the Community Development Department to facilitate that transaction. Councilman Ferguson noted there was already an application on file. Mayor Pro-Tempore Crites went on to say that he didn't feel there was a single thing that would fix the problem. He felt the City needed to underground the utilities on Cook Street anyway, a drop-off zone could be made there, property could be acquired for a drop-off on Fred Waring, and he felt staff could reconfigure the parking lot, much as it did for President's Plaza (i.e. more parking with better traffic flow), and if Fred Smith couldn't be altered, then a road adjacent to the football field should be built to provide two accesses from the parking lot. He said he would like to see this accomplished by September 1, 1999. Councilman Kelly wholeheartedly concurred with Mayor Pro-Tempore Crites' comments. He added that if a drop-off was available from Cook Street, it would be ideal, but jumping on the date grove frontage was an opportunity not to be missed. He agreed that all the remedies were needed, and the school district needed to work with the City for funding the projects. Mr. Diaz agreed that all the fixes were needed, was confident that the City could do much to accomplish a good share of what was directed by September. However, he requested the 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * motion include authority to move forward on those items that could be done without dependence upon the district for the whole solution. Councilman Ferguson suggested that for at least the striping of Fred Waring, it be done in such a manner to provide a safe area for vehicles to pull into, with correction of the curb signage, painting the curb white (instead of looking red), removal of the stop sign and the crosswalk-- anything that could be done immediately without any input from the district. Councilmember Benson thought the district's input was necessary where the students were involved. Therefore, she said the school district should be contacted immediately to let them know the City's desires and the deadline. Councilman Kelly didn't feel the City could move the crosswalk at Fred Smith, as he felt students would not travel farther south to get across the street. Councilmember Benson added that was the reason for the Fred Smith crosswalk, students wouldn't use the other. Councilman Kelly said he had seen students approach the crosswalk at Deep Canyon, and instead of using it, they went kitty-corner across the intersection. Mayor Pro-Tempore Crites stated the one thing that was possible without impacting anything else negatively or positively was to fix the drop-off which semi -existed on Fred Waring. He disagreed with Mr. Diaz that instead of doing little things, the City needed to assertively go after the school district and demand something be done, which they had been unwilling to do previously. Further, he felt it was imperative that improvements be made prior to the next school year. Councilman Ferguson added he felt at least two members of the Council should be appointed to a subcommittee to accomplish an agreement with the district. He was concerned about Palm Desert High School's infrastructure, the athletic facilities, etc.-- PDHS seemed to be the lowest priority for the Desert Sands Unified School District, and he was embarrassed for a city of Palm Desert's caliber to have such a poor quality high school facility after it fought so hard to get one. Councilman Kelly commented that while he was host to exchange students, he was told that amenities were provided in other schools to encourage enrollment at those less desirable facilities to even out attendance figures within the district. He related that his exchange students were put into pretty undesirable classes just to get them out of the way. Mr. Greenwood stated that staff was ready and willing to get the job done by September 1. However, he asked if it was possible for the Mayor and staff to meet with the district superintendent and staff as soon as possible to delineate appropriate responsibilities. Mr. Diaz stated this would be scheduled, he would notify Council, and the City could proceed. Councilman Ferguson offered to serve on that subcommittee, adding that he had met with 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Doris about the situation, was told there were things the City could and couldn't do, and he felt there were more could's than were being done. Mayor Pro-Tempore Crites moved to direct staff to accomplish all the things that were possible to alleviate traffic problems at Palm Desert High School prior to September 1, 1999, including: 1) Immediate restriping of Fred Waring Drive for a student drop-off zone and correction of signage to reflect same; 2) removal of the stop sign at Phyllis Jackson and Fred Smith; 3) undergrounding of utilities on Cook Street followed by design of a drop-off zone in that location; 4) procurement of frontage along the date grove for future drop-off area; 5) internal reconfiguration of the parking lot to accommodate more vehicles; 6) design and construction of an additional access road adjacent to the football field; 7) establishing a meeting with the Superintendent of the Desert Sands Unified School District to delineate responsibilities for the project and establish a funding agreement to cover same, with Mayor Spiegel and Councilman Ferguson as the Council representatives to facilitate the process. Motion was seconded by Councilmember Benson and carried by unanimous vote. X. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies None 2. Progress Report on Desert Willow Clubhouse Facility Mr. Rudy Acosta, Development Manager, reported that he was pleased with the progress achieved in the past two weeks on the construction site. He said the cart barn was fully topped out, the site was ready fora slab to be poured next week, with anticipation of the roof being placed on the cart barn in approximately two weeks. He added that the perimeter foundation for the top floor was now also visible. Upon question by Mayor Spiegel, Mr. Acosta replied the project was on schedule. B. CITY MANAGER None C. CITY ATTORNEY Mr. Erwin requested Closed Session consideration be given those items which were listed on the City Council and Redevelopment Agency agendas. 1) Request for Closed Session: 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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. b) Elizabeth Green dba/Creative Spirit Enterprises v. City of Palm Desert, Riverside County Consolidated Municipal/Superior Court Case No. INC 007067. Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: Initiation of litigation pursuant to Government Code Section 54956.9(c): Number of potential cases:..L 2) Report and Action on Items from Closed Session Made at This Meeting. D. CITY CLERK 1. Consideration of the Scheduling of Summer City Council/RDA Meetings. Mrs. Gilligan stated she sent a memo to each Councilmember indicating that the same summer schedule would be followed as had been in the past. She said that schedule was the first meeting in July and the second meeting in August unless she received comment to the contrary, upon which she would agendize the matter. She reported she received a comment that Councilman Ferguson wanted to discuss the matter. Councilman Ferguson recalled speaking with one of his colleagues and entertaining the idea of conducting regular meetings through the summer. He asked if the Council was interested in the idea. Councilmember Benson said she wasn't. Mayor Spiegel commented that perhaps there was a compromise; maybe the first meeting in July and first meeting in August should be held, and if there was sufficient business, conduct two meetings in August. Councilman Kelly stated the advantage to conducting meetings the first in July and last in August was that it provided a long break for taking trips. Council concurred. 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mrs. Gilligan noted that the regular meetings remained scheduled, not canceled. Therefore, she said if there was business requiring action, the meeting time was available. Mayor Pro-Tempore Crites moved to schedule summer Regular City Council/RDA Meetings as had been done in years' past, conducting the first regular meeting in July and the last regular meeting in August. Motion was seconded by Councilman Kelly and carried by a 4-1 vote with Councilman Ferguson voting NO. 2. 2000 Community Calendar Mrs. Gilligan stated that Councilman Kelly wanted to ask the Council about preliminary plans for next year's community calendar. Mayor Spiegel said plans were to feature Palm Desert country clubs for each month's picture. Mrs. Gilligan reported that originally, plans were made to conduct a competition for pictures of golf courses; however, there was some disagreement about that idea. She said the theme was then changed to country clubs, and with Council concurrence, staff would move forward with that theme. Mayor Pro-Tempore Crites wondered whether non -country club homeowners' groups would be included in the country club category. Councilman Kelly responded that many different themes had been featured in the past, but Palm Desert's biggest attractions were golf and tennis, which he felt merited their promotion in next year's calendar. Councilmember Benson felt pictures of country clubs, rather than golf courses, depicted the environment of the community, noting that many of the country clubs were environmentally conscious. Councilman Kelly added that a picture of a clubhouse could be featured, or something like the bighorn at the gate of Bighorn Golf Club. Councilman Ferguson agreed. With Council concurrence, staff was directed to proceed on the 2000 Palm Desert Community Calendar featuring Palm Desert country clubs. 3. Santa Rosa and San Jacinto Mountains National Monument Mrs. Gilligan stated this item was being brought up at the request of Mayor Pro- Tempore Crites, a resolution relative to establishment of the Santa Rosa and San Jacinto Mountains National Monument. She said the item would have to be added to the agenda by four -fifths vote. 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites said it occurred to him that his colleagues probably didn't have an opportunity to review the information adequately to make a decision at this meeting. He added that he had another issue about telephone rates, as well as a letter from Senator Barbara Boxer's office requesting comments on resource protection legislation. He suggested that all three items be provided to staff for its review and subsequent report at the next Council meeting. Councilman Ferguson suggested the Legislation Committee review the aforementioned issues. Mr. Diaz stated that the Committee would meet prior to the next Council meeting to consider the items. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Charter School (Mayor Pro-Tempore Crites) Mayor Pro-Tempore Crites stated he met with a woman who intended to start a charter school, the Westwing Charter School, and she wanted a letter of encouragement from the Council. He said he knew very little about such matters; therefore, he felt the item should be considered by the Mayor and staff to determine the appropriate point of view. Mayor Spiegel asked whether the City was in the habit of endorsing private schools. Mayor Pro-Tempore Crites responded that may be the answer staff would give. Mayor Spiegel noted in the past there were private Palm Desert schools which had come to the City asking for funding, etc. and were denied. 2. Kansas treet (Councilman Jim Ferguson) Councilman Ferguson stated that he and Councilman Kelly had, unwittingly, become the "poster children" for the "Save the Kansas Street Coalition" in Palm Desert Country Club. He said they'd been the target of some mailings, and consequently, he'd received some mail complaining about traffic volumes and speed on Kansas Street. He stated a volume study had been done that he discussed with Mr. Greenwood. He requested the City's Neighborhood Targeted Enforcement efforts be utilized to monitor Kansas Street, including the issuance of citations, if necessary, with a report back to Council whether a speeding problem existed. Mr. Greenwood reported that Kansas Street was currently on the list for the program. 38 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: 1. League of California Cities (Councilman Richard S. Kelly) Councilman Kelly said he attended the League's Board meeting last Saturday. He said the main issue generating discussion was the restructuring of government and tax base. He commented every time that issue was discussed, sales tax and per capita distribution was also brought up. He said he then made a lengthy presentation to the group about sales tax, what Palm Desert had done in the past, and how cities who abided by the rules were penalized. He felt he'd finally made the point so that this issue would not be included in the restructuring proposal. 2. League of California Cities Riverside Division (Councilman Richard S. Kelly) Councilman Kelly reported he and Mr. Diaz drafted a letter to the League addressing the problem of cities which didn't take care of their affordable housing obligation with their set -aside monies. He said the letter addressed Palm Desert's concern for the possibility of the State taking over the program, which would only lead to its further deterioration. He hoped the letter would motivate the League to initiate training on the subject at the annual conference, as well as at the division level. He felt a proactive approach to the issue should be taken with cities in the lead. XL COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Please see individual items for discussion and action. XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION RECOGNIZING A SPECIAL CITIZEN IN THE PALM DESERT COMMUNITY. Mayor Spiegel presented a proclamation to Mr. Murray Magloff, member of the City's Investment & Finance Committee, in honor of his 90th birthday March 21. B. APPOINTMENT TO THE EL PASEO BUSINESS ASSOCIATION (Continued from the meeting of March 11, 1999). Mayor Spiegel moved to, by Minute Motion, concur with the Association's recommendation and appoint Carl Wehrli to the El Paseo Business Association Board of Directors for the balance of a three-year term to fill the vacancy created by the resignation of Pat Harkins. Motion was seconded by Councilmember Benson and carried by unanimous vote. 39 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAT. OF A GENERAL PLAN AMENDMENT FROM "PARK" TO "IOW DENSITY RESIDENTIAL," CHANGE OF ZONE FROM O.S. (OPEN SPACE) TO R-1 (SINGLE-FAMILY RESIDENTIAL), AND A TENTATIVE TRACT MAP TO SUBDIVIDE 7.8 ACRES INTO 26 SINGLE-FAMILY LOTS LOCATED AT THE SOUTHEAST CORNER OF PORTOLA AVENUE AND SILVER SANDS PARKWAY (40-752 PORTOLA AVENUE) Case Nos. GPA 98-7, C/Z 98-8, and TT 29067 (U. S. Home Corporation, Applicant) (Continued from the meeting of March 11, 1999). Mr. Martin Alvarez, Assistant Planner, summarized the project, which included a general plan amendment and a change of zone from existing open space to single-family residential. He said the tract map frontage was on Portola and Silver Sands Parkway with access from Silver Sands Parkway leading to a gated access and an emergency access at the lower, southwest corner. He said there would be 26 single-family lots, each meeting the requirements of the Palm Desert Zoning Ordinance. He reported that staff believed the use and location of the property were consistent with adjacent properties and recommended approval, subject to the attached conditions. Mayor Spiegel declared the public hearing open and invited testimony FAVORING or OPPOSING the subject cases. With no testimony offered, he declared the public hearing closed. Councilman Ferguson moved to: 1)Waive further reading and adopt Resolution No. 99-27, approving a negative declaration of environmental impact, general plan amendment from park to low density residential, and a tentative tract map to subdivide 7.8 acres into 26 single-family lots located at 40-752 Portola Avenue (APN 624-282-001) (Case Nos. GPA 98-7, TT 29067); and 2) waive further reading and pass Ordinance No. Ma to second reading, 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 1,r 4,:.. t f located at 40-752 Portola Avenue, or the southeast corner of Portola Avenue and Silver Sands Parkway (Case No. C/Z 98-8). Motion was seconded by Councilmember Benson and carried by unanimous vote. IV. ORAL COMMUNICATIONS None 40 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 25, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ADJOURNMENT Upon a motion by Mayor Pro-Tempore Crites, second by Councilmember Benson, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 8:50 p.m. He reconvened the meeting at 9:20 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R G AN, CIT CITY OF PALM DESERT, ORNIA ROBERT A. SPIEGEL, / 41