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HomeMy WebLinkAbout2001-04-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 26, 2001 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Ferguson convened the meeting at 4:01 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tempore Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, Asst. City Manager for Community Services/City Clerk Richard J. Folkers, Asst. City Manager for Development Services Homer Croy, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Joseph S. Gaugush, Director of Public Works/City Engineer Rachelle D. Klassen, Deputy City Clerk III. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO THE CITY COUNCIL BY PALM DESERT MIDDLE SCHOOL'S ODYSSEY OF THE MIND TEAM. MS. DONNA PRUETT, one of the coaches for the Odyssey of the Mind Team, stated that the team placed second at the State competition in Sacramento and had been invited to the World Finals in College Park, Maryland. The students gave a demonstration of their project for the City Council, and Ms. Pruett noted that the project was designed completely by the students, with no outside assistance. Mayor Ferguson stated it was his understanding this team would be in Baltimore, Maryland, from June 1-6, 2001, at the University of Maryland for the World Finals. He noted a letter had been received from the students requesting financial assistance for this trip. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that the Outside Agency Funding Committee had approved the — request at its recent meeting, although the matter had not yet been considered by the City Council. Councilman Spiegel stated that the letter indicated seven students would be attending, and he asked how many adults would attend. He also noted that Desert Sands Unified School District had approved $4,000 for this trip, and he asked whether the adults would also need financial assistance. MS. PRUETT responded that there would be five or six adults on the trip, and the only additional financial assistance being requested was for the two coaches; the cost was approximately $1,200 per person. Upon question by Mayor Ferguson, Councilman Spiegel responded that the Outside Agency Funding Committee had approved $4,400; however, the members did not know about the adults at that time. He said the amount approved would cover the students, but the adults would be another $2,000, approximately. Councilman Spiegel moved to, by Minute Motion, approve funding in the amount of $6,400 for the Palm Desert Middle School Odyssey of the Mind team to participate in the World Finals in Baltimore, Maryland, June 1-6, 2001. Motion was seconded by Benson and carried by unanimous vote. B. PRESENTATION REGARDING THE CV ON STAGE'S "NIGHT OF A THOUSAND STARS" PROGRAM. MS. JOYCE SPIZER addressed the Council on this program. She noted that the production when designed had several criteria. It had to contain accurate historical information that would excite and educate all of the students in the Coachella Valley for generations, it would entertain residents and visitors from around the world, and it would be presented in a spectactularly informative performance. Proceeds from the annual events would provide scholarships in the fields of art, music, and theater for qualified Coachella Valley students. She said they had chosen Ms. Darlene Romano, who had written a fast -paced, visually exciting, 80-minute presentation called "Night of a Thousand Stars." It will star Palm Desert resident Howard Keel and will provide local professional and amateur entertainment through musicians and performers aged eight to eighty. There will be nightly performances and several matinees. She added that their hope was that the City of Palm Desert would make a contribution to help underwrite this production. She said their budget was $307,000, and 35% of those funds had been raised so far through individual corporate donations, City grants, private funding, and private fund raising events. She said they were actively seeking a title sponsor, with ongoing fund raising as well. She added that they had completed the necessary forms for consideration of funding by the Charitable Contribution Committee. Upon question by Councilman Spiegel relative to the ticket prices, Ms. Spizer stated that the highest would be $35 for adults, and they would actively seek underwriting from large corporate 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * donors so that all students in the Coachella Valley would have an opportunity to attend matinee performances. She noted that the initial story would begin with Nellie Coffman who came to the Coachella Valley and, after being asked by her parents why she was going out to an oasis where there is nothing, built a road and a boarding house. There is also talk about the Agua Caliente Indians and the many other people, including famous celebrities, who have come through the Valley and made it their home. C. APPOINTMENT TO THE GENERAL PLAN ADVISORY COMMITTEE. Councilmember Benson moved to, by Minute Motion, appoint Dick Baxley of Baxley Properties for the commercial retail element position vacancy on the General Plan Advisory Committee. Motion was seconded by Crites and carried by unanimous vote. IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 12, 2001. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 87, 88, 89, 90, and 90PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#447) by Tony Ramos in the Amount of $775.00. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#4481 by California Insurance Guarantee Association and Kemper Employer Claims Services as Administrator for Superior National Insurance Companies in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. MINUTES of City Committees and Commissions. 1. Citizens' Advisory Committee for Project Area No. 4 Meeting of March 19, 2001. 2. Golf Course Committee Meeting of March 13, 2001. 3. Housing Commission Meeting of March 14, 2001. 4. Library Promotion Committee Meeting of March 14, 2001. 5. Public Safety Commission Meeting of March 14, 2001. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. RESOLUTION NO. 01-52 - 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 & Safety that Have Been Microfilmed (March 2001). Rec: Waive further reading and adopt. G. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for the Widening of Gerald Ford Drive from Portola Avenue to Cook Street (Contract No. C18800, Project No. 677-99). Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REOUEST FOR AWARD OF BID, for Two Replacement Vehicles. Rec: By Minute Motion, award the bid for two Dodge Caravan EX vehicles to Moss Motors, Riverside, California, in the amount of $47,884.80. I. REOUEST FOR AWARD OF CONTRACT for the Fred Waring Drive Widening Project Septic System Demolition (Contract No. C18620). Rec: By Minute Motion: 1) Award the subject contract to Demo Unlimited, Inc., Indio, California, in the amount of $27,950 and authorize a ten percent (10%) contingency in the amount of $2,795 for the demolition of 26 existing septic systems on the north side of Fred Waring Drive between San Pascual Avenue and Deep Canyon Road; 2) authorize the Mayor to execute said contract — funding for this project was appropriated in the FY 2000/01 Capital Improvements Program. J. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C15390 — Engineering Design of the Widening of Gerald Ford Drive from Portola Avenue to Cook Street (Project No. 677-99). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $5,100 to the subject contract with The Keith Companies, Palm Desert, California, for pot -holing services for the subject project and authorize the transfer of said funds from contingency to base. K. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17440 — Civic Center Re -roofing Project. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $28,810 to the subject contract with Petronella Roofing, Cathedral City, California, for additional work and services; 2) authorize the additional appropriation of $28,810 from Account No. 400-4161-415-4001 for the work. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. REOUEST FOR ACCEPTANCE OF WORK for the Intersection Improvements at Highway 111 and Portola Avenue (Contract No. C17540. Project No. 653-97) (Granite Construction Company, Indio, CA). 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. REOUEST FOR APPROVAL of Out -of -State Travel for Institute of Transportation Engineers District 6 Annual Conference in Albuquerque, New Mexico. Rec: By Minute Motion, approve the subject request for Engineering Manager Mark Greenwood to attend the Conference scheduled to be held July 8-11, 2001 — funds are available in Account No. 110-4300-413-3120. N. REOUEST FOR APPROVAL of Out -of -State Travel for HTE Computer Users Group Conference in Las Vegas, Nevada. Rec: By Minute Motion, approve of the subject request for Director of Building and Safety Homer Croy to attend the Conference scheduled to be held June 11-15, 2001— funds are available in Account No. 110-4420-422-3120. O. REOUEST FOR APPROVAL of Reimbursement of Handicapped Parking Violation. Rec: By Minute Motion, authorize the Director of Finance to reimburse Norma Freemen of 1210 Chesney, Glendora, California 91740, $330.00 for a notice of illegal parking that she received on November 24, 2000, and to release said funds upon her signing a hold harmless letter. P. REQUEST FOR APPROPRIATION of Funds to the Parks Improvement Account. Q. Rec: By Minute Motion, appropriate $50,000 from Parks and Recreation Fund 430 to the Parks Improvement Account (No. 430-4674-454-4001). REQUEST FOR APPROVAL of Land Exchange for Fred Waring Drive Widening Project — San Pascual Avenue to Deep Canyon Road. Rec: By Minute Motion, authorize the exchange of approximately 3,255 square feet of land from APNs 624-200-002 and 624-200-003 for an equivalent amount of land from APN 624-200-023, currently owned by the Coachella Valley Water District (CVWD). 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REOUEST FOR APPROVAL of the Formation of a Citywide Trails Subcommittee. Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S. REOUEST FOR APPROVAL of the Palm Desert Summer Retail Promotion. Rec: By Minute Motion, appropriate $55,000 from the Citywide Fund Account for the purpose of promoting and advertising the "Cool Cash Hot Deals" summer retail promotion. T. REOUEST FOR ACCEPTANCE of the Mother/Child Sculpture Garden Located in the Civic Center Park (Contract No. C15550) (Lisa Reinertson, Davis, CA). Rec: By Minute Motion: 1) Approve as complete the Mother/Child Sculpture Garden; 2) authorize the City Clerk to file a Notice of Completion for the subject project; 3) authorize disbursement of the 20% retention monies in the amount of $40,000: a) 10% upon final approval; b) 10% upon recordation of the Notice of Completion. U. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Update on Civic Center Energy Conservation Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Spiegel asked that Item G be removed for separate discussion under Section V, Consent Items Held Over. Mayor Ferguson requested that Items R and U-2 also be removed for separate discussion. Mayor Ferguson noted that he would be abstaining from Item L because the contractor, Granite Construction Company, was one of his clients. Upon motion by Councilman Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved as presented by unanimous vote, with the exception of Item L, which was a 4-0-1 vote, with Mayor Ferguson ABSTAINING. Mrs. Klassen noted for the record a typographical error on Item L and stated it should read as Contract No. C17540 rather than C13800. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. CONSENT ITEMS HELD OVER G. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Widening of Gerald Ford Drive from Portola Avenue to Cook Street (Contract No. C18800. Project No. 677-99). Councilman Spiegel asked if it would make sense to widen Gerald Ford Drive all the way to Frank Sinatra rather than stopping at Cook Street, especially if the ice skating rink comes in and the College gets built out. He said it would be more expensive to build it down the road than to add it to this contract and have the widening done while the equipment is already in that area. Mr. Gaugush responded that the project was at the point where it is ready to go to bid in the very near future; holding off on that to add this portion to the design concept would push the project out another six to eight months for the start of construction. He noted that this was one of the City's Measure A projects, and it needed to be built soon. He added that there was a project that had received approval and would be doing partial improvements in that area for a portion of Gerald Ford Drive between Frank Sinatra and Cook Street. The balance would have to go through a design process, and he said staff would prefer not to add that portion at this time; however, if Council's direction was to proceed with that design component, staff could initiate it as a secondary project. Mayor Pro-Tem Kelly said it was his understanding that for any development along this section, the developer would be required by Ordinance No. 416 to contribute some funds back to the City. Mr. Gaugush stated that program was never put into place for the section of roadway between Portola and Cook Street, although it could be included in conditions for development ofthe south side since there are no existing projects on that side. With regard to the project which had been developed on the north side, it did not include that component. Councilman Crites moved to continue this matter to the meeting of May 10, 2001, in order for staff to provide further review for incorporating all necessary roadway improvements and applicable conditions to adjacent developments. Motion was seconded by Ferguson and carried by unanimous vote. R. REOUEST FOR APPROVAL of the Formation of a Citywide Trails Subcommittee. Mayor Ferguson recommended that Councilman Crites be appointed to this Subcommittee. Mayor Pro-Tem Kelly moved to, by Minute Motion, approve formation of the Trails Subcommittee of the Parks and Recreation Commission, direct staff to seek qualified parties to assist in the development of hillside trails, and appoint Councilman Buford Crites as Council liaison. Motion was seconded by Ferguson and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * U. INFORMATIONAL ITEMS: 2. Update on Civic Center Energy Conservation Mayor Ferguson stated he was pleased to note a 25% reduction in energy consumption over this time last year and a 56% reduction in natural gas from last month. Mayor Pro-Tem Kelly moved to, by Minute Motion, approve this item. Motion was seconded by Crites and carried by unanimous vote. Councilmember Benson moved add the following item to the Agenda for Council discussion and action. Motion was seconded by Crites and carried by unanimous vote. CONSIDERATION OF FUNDING REQUEST TO COMPLETE SMALL BUSINESS ELECTRIC LOAD/COST REDUCTION PROGRAM FOR PALM DESERT BUSINESSES. MR. MICHAEL BRACKEN, Coachella Valley Economic Partnership, stated that the purposes of this pilot program were to reduce load to the grid and reduce the overall costs to Palm Desert businesses which would hopefully minimize the amount of businesses adversely affected during the energy crisis. As part of this pilot program, approximately 100 businesses were identified within the City of Palm Desert, and energy consultations were provided for them so they could find ways to reduce electric load and cost. As of Friday, April 20, 2001, the Chamber of Commerce (which was contracted by the Economic Partnership to complete the pilot project) had completed 109 audits, and the results were included in his staff report dated May 3, 2001 (on file and of record in the City Clerk's Office). He noted that if only half of the recommendations made were accepted by these businesses, and the changes were made, it would result in a savings of approximately 1.7 million kilowatt hours annually. He recommended that this program be expanded to provide these complimentary energy audits to an additional 300 businesses in the City of Palm Desert. He said the cost of these audits was approximately $60 per business, for a total of approximately $18,000. Councilman Crites moved to, by Minute Motion: 1) Approve funding for the program in an amount not to exceed $18,000 to implement the Palm Desert Electric Load/Cost Reduction Program and return to the Council within 45 days with a report of effectiveness; 2) appropriate said funds from the Unobligated General Fund. Motion was seconded by Benson and carried by unanimous vote. VL RESOLUTIONS A. RESOLUTION NO. 01-53 - A RESOLUTION OF APPLICATION BY THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE CHANGE OF ORGANIZATION KNOWN AS PALM DESERT ANNEXATION NO. 35 (IRONWOOD COUNTRY CLUB). Councilman Spiegel moved to waive further reading and adopt Resolution No. 01-53. Motion was seconded by Kelly and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. RESOLUTION NO. 01-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 00-73, SECTION I, SALARY SCHEDULE, RANGES, AND ALLOCATED CLASSIFICATIONS, AND SECTION II, EXEMPT PERSONNEL, GROUP A & B, TO CREATE THREE POSITIONS OF ASSISTANT CITY MANAGER FOR REDEVELOPMENT AGENCY/ECONOMIC DEVELOPMENT/HOUSING, ASSISTANT TO THE CITY MANAGER, AND LANDSCAPE SPECIALIST, AND RECLASSIFY HOUSING MANAGER AND REDEVELOPMENT MANAGER. Mayor Ferguson asked that this matter be held until after Closed Session. Council concurred. Following Closed Session, Councilman Spiegel moved to waive further reading and adopt Resolution No. 01-54. Motion was seconded by Benson and carried by unanimous vote. VII. ORDINANCES For Introduction: A. ORDINANCE NO. 987 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 11.01.200 OF THE PALM DESERT MUNICIPAL CODE, AMPHITHEATER - RESERVATION. Mr. Ortega noted the staff report in the packet and stated that the City Attorney was available to answer any questions. Mr. Erwin stated that this was brought up because in the City's normal issuance of permits for the use of the Amphitheater, it included restricted solicitation of donations by qualified 501(c)(3) organizations. That issue was included in a permit that was issued, and the American Civil Liberties Union took the City to task; the result was the proposed deletion of existing text under subparagraph b that reads as follows: "the users of the amphitheater may charge admission or request donations of attendees upon specific approval given by either the city manager or city council within amphitheater permit." Councilmember Benson suggested including some type of Conditional Use Permit provision to allow specific groups to charge fees in order to cover their expenses. Councilman Spiegel agreed. Mr. Erwin suggested that this issue be looked at separately from this ordinance. He noted that there as no urgency as far as adoption of this ordinance, and the matter could be continued if the Council wishes to look at that issue. He said the policy had already been changed, and any permit issued will be treated as if this restriction on donation is not included. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to waive further reading and pass Ordinance No. 987 to second reading. -_,... Motion was seconded by Spiegel and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 985 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING, IN ITS ENTIRETY, TITLE 28 OF THE PALM DESERT MUNICIPAL CODE, FLOOD DAMAGE PREVENTION. Mr. Ortega noted there had been no changes to this ordinance since its introduction. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 985. Motion was seconded by Kelly and carried by unanimous vote. B. ORDINANCE NO. 986 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 3.32 OF THE PALM DESERT MUNICIPAL CODE, ADDING A SECTION TO PROVIDE FOR CITY MANAGER APPROVAL OF DESIGN AND CREATIVE SERVICES AS THEY RELATE TO THE CITY'S ADVERTISING/PUBLIC RELATIONS PROGRAMS. Councilman Crites moved to waive further reading and adopt Ordinance No. 986. Motion was seconded by Kelly and carried by unanimous vote. VIII. NEW BUSINESS A. REOUEST FOR APPROVAL OF CONTRACT FOR AUDIT SERVICES FOR THE CITY OF PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, DESERT WILLOW GOLF RESORT, PALM DESERT RECREATIONAL FACILITIES CORPORATION, AND THE PALM DESERT HOUSING AUTHORITY FOR THE FISCAL YEAR ENDING JUNE 30, 2001 (CONTRACT NO. C 187901 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Mr. Ortega noted the staff report in the packets. Councilman/Member Spiegel moved to, by Minute Motion, approve the subject contract with Diehl, Evans & Company, LLP/Oscar G. Armijo, a Joint Venture, for audit services for the City of Palm Desert, Palm Desert Redevelopment Agency, Desert Willow Golf Resort, Palm Desert Recreational Facilities Corporation, and Palm Desert Housing Authority for the fiscal year ending June 30, 2001. Motion was seconded by Benson and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF AN APPEAL TO CONDITION NO. 10 OF PLANNING COMMISSION RESOLUTION NO. 2053, APPROVING A 65-FOOT TELECOMMUNICATION TOWER CAMOUFLAGED AS AN ARTIFICIAL PALM TREE WITH A CONDITION PROHIBITING THE INSTALLATION OF MISCELLANEOUS EQUIPMENT ON THE TOWER; SITE LOCATED AT 77-850 COUNTRY CLUB DRIVE Case No. CUP 01-03 (Verizon 02 Wireless, Appellant). Associate Planner Martin Alvarez reviewed the staff report, noting this was an appeal to a Planning Commission decision to approve a 65-foot telecommunication tower camouflaged as an artificial palm tree on the back side of the Desert Country Plaza, which backs up to Interstate 10 and is bordered by Washington Street and Country Club Drive. He said the Planning Commission approval required Condition 10 prohibiting installation of data dishes or other equipment on the artificial palm tree. The applicant subsequently provided revised plans illustrating the relocation of the data dish toward the top of the pole, below the antennas. Staff felt that, with the addition of three conditions as outlined in the staff report and recommendation, the dish could be substantially screened. Staff recommended approval with those additional conditions plus removal of Planning Commission Condition 10. Upon question by Councilman Spiegel, Mr. Alvarez stated that the modified plans had not been seen by the Architectural Review Commission. If Council so directs, those plans could be taken back to the Architectural Review Commission for review. Councilmember Benson expressed concern with the visibility of the dish and asked if it could be removed if it turned out to be too objectionable. MR. HANK HOHENSTEIN, 9090 Calle Escorial, Desert Hot Springs, asked Council to approve staffs recommendation as modified in that the dish size would be reduced from four feet to two feet, and it would be essentially obscured by the pole as seen from the south side. He said it would also be the same color as the artificial palm tree trunk. In response to Councilmember Benson's question, he said it would be difficult to remove the dish once it is installed because it would effectively be inoperable. Councilman Crites stated it was his understanding that the reconfigured dish would be no wider than the trunk. It would be painted with the same color scheme and would be tucked up to where the palm fronds would come down over it. Mr. Alvarez agreed. Mayor Ferguson stated his concern was that the tower not be limited and configured in such a way that the City is burdened with a cell tower but with none of the benefits of what it is supposed to do. He noted a neighboring city to the east which had determined that 65 feet was excessive and instead mandated 55 feet and now had terrible cell coverage. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, delete Condition No. 10 of Planning Commission Resolution No. 2053, allowing the installation of a two -foot diameter data dish, with the following conditions: 1) The data dish shall be oriented toward the north or freeway; 2) the data dish shall be painted to match the artificial palm tree pole; 3) the data dish be placed near the top of the pole, adjacent to the antennas with a maximum diameter of 24 inches. Motion was seconded by Kelly and carried by unanimous vote. C. CONSIDERATION OF AN APPEAL TO ADECISION OF THE PLANNING COMMISSION, DENYING A ONE-YEAR TIME EXTENSION TO TENTATIVE PARCEL MAP 27419 Case No. TPM 27419 (EDC Consultants, Appellant). Planning Manager Steve Smith reviewed the staff report, noting this property was located approximately one-half mile east of Monterey Avenue, northerly of the future extension of Dinah Shore Drive and southerly of the railroad. He stated that time extensions had been filed over the years, and the developer was down to the last time extension that could be granted under the State Map Act. Planning Commission rejected the request for the time extension at its meeting of April 3, 2001, expressing concern that it had not reviewed the original map and that nine years had passed since original approval. He said the map was consistent with the zoning and the General Plan. He added that staff had recommended approval of the time extension to the Planning Commission and recommended that Council grant the appeal. Upon question by Councilman Crites, Mr. Smith responded that the Planning Commission decision was unanimous. Councilman Crites stated that he assumed the reason the map was consistent with zoning and the General Plan was because that was how it was annexed from the County, and it was not due to anything the City had done. Mr. Smith agreed and said that nothing had been changed. Mayor Ferguson asked if the City would be in breach of the development agreement if the extension was not granted for another year. Mr. Smith noted that the development agreement offered the developer the opportunity to request time extensions rather than automatically extending the time. Mr. Erwin stated that the City would not be in breach of the development agreement if it did not grant the time extension. Councilmember Benson noted the statement in the staff report which indicated that the map continues to be consistent with all zoning ordinance, subdivision ordinance, and general plan provisions, and she asked if this was something that the City would be looking at to change during the General Plan review. Mr. Smith responded that the property was vacant land and could be considered. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that the zoning ofthis property was done many years ago when this area was considered to be in the middle of nowhere and would never have any value, etc. He said he felt the City should take a very strong look at what would be appropriate zoning in 2001. He said he would not vote to grant the time extension. MR. DAVE LESSER, EDC Consultants, Civil Engineers, said they had been working on this map for quite some time. He said the original conditions of approval had one condition that required the adjacent tentative parcel map (TPM 24255) to record first because it is on the southeast corner of Monterey and Dinah Shore; that particular map was conditioned to improve Dinah Shore all the way down along the railroad. The development agreement had a stipulation for the City of Palm Desert to extend Portola north of Gerald Ford, and that had not been done to date. He said the owner of the property in question was at a disadvantage because their map could not be recorded until a subsequent map records; in addition, they do not have access to any improved streets at this point until the adjacent improvements are constructed, and Portola has yet to be extended. He requested that the City Council overturn the decision of the Planning Commission and approve the request for a time extension. Mayor Pro-Tem Kelly said that nine years had passed since approval of the original map, and he felt it had become obsolete and should have a fresh look. Councilmember Benson moved to, by Minute Motion, deny the appeal and uphold the Planning Commission decision. Motion was seconded by Spiegel and carried by unanimous vote. D. REOUEST FOR DIRECTION RELATIVE TO AN AFTER SCHOOL PROGRAM IN CONJUNCTION WITH THE DESERT SANDS UNIFIED SCHOOL DISTRICT, THE FAMILY YMCA OF THE DESERT, AND THE COACHELLA VALLEY RECREATION & PARK DISTRICT. Mr. Ortega noted the staff report in the packets and asked for Council direction as to whether staff should proceed and bring back an actual program for Council action. He added that staff had visited the City of San Diego to review its "6 x 6 Program" and to learn how it was initiated, implemented, and funded. Mayor Ferguson commended staff for the thorough research done on this matter. He asked whether CVAG had looked at something like this in the past. Councilmember Benson agreed and said the Human and Community Resources Committee looked at it approximately a year ago. It looked at various ways to incorporate such a program in the entire Coachella Valley. It was not brought to Council at that time because it was not felt to be feasible or applicable to a program in Palm Desert, although it was applicable to Coachella and the lower Valley, which did not have any money to do such a program. It was dropped at that point as a CVAG project because of the cost and the relatively few numbers in Palm Desert that the program would accommodate. She did agree it was a good program. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel said this was a completely different program than in San Diego, where it is totally subsidized by the City of San Diego, the State of California, and the Federal Government. He said there were currently after school programs in all of the City of Palm Desert's elementary schools in conjunction with the YMCA and Coachella Valley Recreation and Parks District. There was currently nothing provided for the middle school students. He noted that there were students at Lincoln Elementary School whose families could not afford to participate in the after school programs available. He said the Committee would like to go to the Desert Sands Unified School District Board with a recommendation that the City of Palm Desert would offer a new program for middle school students which does not currently exist, with the YMCA to take care of those students. If the parents cannot afford the program, the City of Palm Desert would help subsidize the program. The Committee would also like to go to Lincoln Elementary School and do basically the same type of program but with the Coachella Valley Recreation and Parks District. Washington Charter School would continue with the programs it currently has, as would Carter School. Mayor Pro-Tem Kelly stated that it was his understanding staff was requesting direction as far as studying this program, looking at the amount of funding that would be required and where those funds could be obtained, who would be responsible for what, and how many children the program would benefit. Councilman Crites said he felt the City should look very carefully at how many students would participate in this program. In addition, he said the demographics of the City's school -age population are changing. There were more and more low -paying jobs because of the service industry, and a lot more of the people in those jobs were moving into the City. He said he would like to have staff look at the population base. Mayor Ferguson said he had no doubt there were students whose parents work and do not have adequate means to provide daycare for those students. He said his concern was whether the City of Palm Desert should get into the parenting program, and he was not convinced the City could not work with existing programs and resources to provide for those people who truly are impoverished financially and empower them. He said although he believed there were students whose needs were not being met, he did not see in this program an effort to tailor it to those students. What he saw was a "6 to 6 Program" where parents have the choice of not being parents for 12 hours per day, and he was fundamentally opposed to a program that would go in that direction. He said he was also concerned that a committee chaired by Councilmember Benson at CVAG looked at this issue and ultimately concluded it was not the way to go. He agreed with taking a further look at the program, but he said he did not want to give any false expectations to the people who like this program that the Council will support it when it comes back. Mrs. Gilligan stated if Council's direction was to move forward, staffwould be looking at the two programs, one with the YMCA and the other with the Coachella Valley Recreation and Parks District, at two schools and with the Desert Sands Unified School District to see what its 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * contribution would be as well. The program would then be brought back to the Council with the cost figures. She added that the two programs would just be after school. Mayor Ferguson asked how Carter and Washington Schools were able to establish programs, and Lincoln and the Palm Desert Middle School were not able to do so. Councilman Spiegel responded that while Lincoln Elementary has a program, there are students who cannot afford it. Mayor Pro-Tem Kelly added that Washington Charter has a program with Hope Lutheran Preschool. Councilman Spiegel stated that 25 of the 95 Washington Charter students go to Hope Lutheran and will continue to do that. The other 75 students are bused to the Coachella Valley Recreation and Parks District program and will continue to do that. Mayor Pro-Tem Kelly said his church in Indio had a Child Care Center and used it for the after school programs for the three elementary schools around it. He said he would be upset if the City of Indio came in and took it over, with the Church being left with a $500,000 building that does not have the debt paid off. MS. LINDA CILIBERTI, Family YMCA of the Desert, stated that the middle school students were really not able to be left home alone, and it was important to have some kind of program for these students so they are not out on the streets with nothing to do. She added that this was not a babysitting issue but rather was something to develop our children and the future of the City. Mrs. Gilligan added that the need extended to the high school level as well. She stated that she and Pat Scully had met with the principal of Palm Desert High School who said one of his greatest needs was something after school where students have an opportunity to be tutored. He asked if the City would consider making that part of this program. Councilmember Benson said she did not have any objection to looking at a program that is for helping students who need it after school, no matter what grade or financial situation they are in. She said the more that is done for the School District as far as teaching and helping and providing teachers for after school programs, the more Desert Sands Unified School District is going to let the City pay for it. Councilman Spiegel stated that the main part of the program was to, instead of busing the children to the YMCA and the Recreation and Parks District, use the school facilities. Mayor Ferguson stated that his concern was more of a philosophical one. He said the City historically works with the YMCA, the Recreation and Parks District, and other private and public charities and tries to meet the needs by letting others do it with encouragement and 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * assistance from the City. Seldom does the City jump into the business itself. He said while he agrees with helping students, he fundamentally questioned getting into a program where the City has an ongoing funding obligation year in and year out. He noted that nowhere in the report does he see the words "means -tested," and he thought this was a program that applied to all children. He said that made a huge difference in his analysis on whether or not to approve this program. If the program is across-the-board, he felt the City would be over -reaching; if the purpose was to meet needy students where they are at, he would want to see an audit of what is available and why the students at Lincoln School who cannot afford it are not involved in it and the ones that can afford it are. Councilman Crites stated that there are a number of different issues: 1) After -school programs, including the one for Lincoln School students, and who is financially able to participate; 2) making sure the City is not competing with other existing programs; 3) looking at students at the middle school level, whether a program should be offered at the Park District building or at the middle school, and whether such a program would have participation. He said he felt the comments made at this meeting should be taken and turned into questions and responses so that the Council has a more clear idea of where this is headed. Councilman Crites moved to, by Minute Motion: 1) Requested staff to study the comments made by Councilmembers and to focus them into the areas of programmatic and financial needs and appropriate fit with existing programs, returning to the Council with a recommendation for further involvement; 2) following preparation of the aforementioned recommendation, schedule a Study Session of appropriate staff of all affected agencies to review the matter; 3) Councilman Crites and Mayor Ferguson to provide subcommittee review and assistance in the process. Motion was seconded by Kelly and carried by unanimous vote. IX. CONTINUED BUSINESS A. ORDINANCE NO. 979 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.40 OF THE PALM DESERT MUNICIPAL CODE, RECREATIONAL VEHICLES ON PRIVATE PROPERTY (Continued from the meetings of March 8, and April 12, 2001). Mr. Ortega noted the staff report in the packets and stated that the Director of Building and Safety was available to answer any questions. Mayor Pro-Tem Kelly stated that there was a gentleman who came to the City several months ago relative to this matter and then sent a letter to him last week as well. He asked if staff had gone over this ordinance with that person and discussed what the City was doing. Mr. Croy said he had done so, and this ordinance was what that gentleman had requested several months ago. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Ferguson stated that from his perspective, the laws of both the City and the State were now the same, with people allowed to park their recreational vehicles on the driveway or the street for up to 72 hours. Councilman Spiegel moved to waive further reading and pass Ordinance No. 979 to second reading. Motion was seconded by Benson and carried by unanimous vote. X. OLD BUSINESS A. REOUEST FOR APPROVAL OF THE CIVIC CENTER AMPHITHEATER REMODEL PROJECT. Parks and Recreation Planning Manager Jeff Winklepleck reviewed the staff report, noting that the Art In Public Places Commission, Parks & Recreation Commission, Civic Arts Committee, and Architectural Review Commission had all recommended unanimously that the concept go forward. He said there were concerns brought up regarding specific colors of the fabric to be used on the tree structure, whether the tree would whistle or make noise when the wind comes up, and concerns related to the actual steel structure down near the trunk and whether it would be too hot to touch in the sun. Those items would be specifically addressed in the design development phase. He said the design development phase would once again be taken back through the different committees and commissions and the City Council. Upon question by Mayor Ferguson, Mr. Winklepleck responded that the $346,600 cost as outlined in the staff report for Phase 2 would be to prepare the construction documents and go through design development prior to going to bid for the construction. Mayor Ferguson expressed concern with spending such a large amount of money before a single thing is built. Councilman Crites agreed. Upon question by Councilman Crites, Mr. Winkepleck responded that the two funding sources for the entire $2 million project would be Parks & Recreation and funds that were created from the Parkview buildings. Mayor Ferguson stated that he did not realize this was a $2 million project, and he would prefer to see this come in as an entire package rather than piece by piece. Councilmember Benson agreed. Mr. Winklepleck stated that staff brought it to the Council in this manner because of time issues. He said he had spoken with Ms. Pat Scully who indicated the best window, which would not interfere with existing City programs in the amphitheater, would be from late December through April, and that is the time line that was planned. He said staff could separate out the design development portion, answer those specific questions that arose during the conceptual 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * presentations, and come back with the whole picture. The cost for the design development portion would be $73,500. MR. REUEL YOUNG, President of Interactive Design Corporation, said he understood the concerns raised about spending a third of a million dollars to find out whether or not to do the project. He said he had tried to stage each of the phases of the contract to bite -sized chunks. It was prepared as a comprehensive contract, including construction administration, in order to see the full package. He said if the Council wished to do just the design development portion at this time, he would suggest that the Council add that into the contract so they can hire an independent professional estimator to go through the same process they had gone through and give all of the parties involved a second run-through in terms of design and cost evaluation. Councilman Crites said he felt the cost estimate seemed a reasonable thing to add to the contract. Mr. Young recommended that cost estimating be done at the completion of design development and at completion of 80% of working drawings. He said this was a common thing to do in public works of a complex nature. He showed a model and slides of the proposed project. Councilman Crites moved to, by Minute Motion, approve design development and cost estimate components in the amount of $78,000. Motion was seconded by Benson and carried by unanimous vote. Councilman Crites moved to adjourn to Closed Session at 6:20 p.m. Motion was seconded by Ferguson and carried by unanimous vote. The meeting was reconvened at 7:00 p.m. B. REQUEST FOR AWARD OF CONTRACT FOR THE INSTALLATION OF COMMUNITY GARDENS RESTROOM AND AUTHORIZATION TO PURCHASE RESTROOM BUILDING PACKAGE, SHADE STRUCTURES, AND PICNIC TABLES. Mr. Ortega noted the staff report in the packets. Councilmember Benson asked whether the restrooms would be maintained the same way as those in the Park. Further, she asked if consideration could be given to installation of an enclosure for the trash receptacles so as not to detract from the beauty of the project. Mayor Pro-Tem Kelly asked if the restrooms would be locked ones, and Landscape Manager Spencer Knight responded that there were doors and double locks, and they would open the same hours as the Gardens. Councilmember Benson said she felt it would be better to have some way for the gardeners to sign out a key and return it when finished rather than have the facility open all day long, which she felt might be a problem with kids hanging around. Councilmember Benson moved to, by Minute Motion: 1) Award contract for the installation of Community Gardens Restroom Building (Contract No. C 18300. Project No. 597-OOB) to Cora Constructors, 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Palm Desert, California, in the amount of $31,424 and authorize a ten percent (10%) contingency in the amount of $3,142.40 — totaling $34,566.40 — and authorize the Mayor to execute said contract; 2) authorize staff to purchase one Romtec Sierre 1 T-24 Restroom Building Package, four shade structures, and five picnic tables in the amount of $26,817.88 and authorize a ten percent (10%) contingency in the amount of $2,681.79 —totaling $29,499.67; 3) appropriate $23,639.55 from the General Unobligated Reserve to Project Account No. 231-4546-454-4001 for same, with additional direction that the restroom facility be designed to be locked/only accessible by key and with approval for an enclosure or device that would screen the trash receptacles at the Gardens. Motion was seconded by Crites and carried by unanimous vote. C. REOUEST FOR APPROVAL OF AN AMENDMENT TO THE COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN (CVFTLHCP) MEMORANDUM OF UNDERSTANDING (MOU) (CONTRACT NO. C18281). Mr. Drell reviewed the staff report and offered to answer any questions. Councilman Crites moved to, by Minute Motion, authorize the Mayor to execute the amended MOU, reactivating implementation of the CVFTLHCP. Motion was seconded by Spiegel and carried by unanimous vote. D. REOUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE BEGINNERS' SKATE PARK AND WATER FEATURES (CONTRACT NO. C17900. PROJECT NO. 710-00). Mr. Ortega noted the staff report in the packets and offered to answer any questions. Councilman Spiegel noted that the water feature would be done first because of the need to have it now. Councilman Crites suggested taking the bronze children's statues from the lobbies and put them out by the water feature. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to California Landscape and Design, Inc., Upland, California, in the amount of $408,000 and authorize a ten percent (10%) contingency in the amount of $40,800 — funds are available in Parks and Recreation Funds 233; 2) authorize the Mayor to execute same; 3) appropriate unobligated funds from Parks and Recreation Fund 233 in the amount of $150,000 for the project, with direction to install the water features component as quickly as possible and to incorporate the children's statues (girl with beach pail and boy with frog presently located in the foyer of the Council Chamber) nearby. Motion was seconded by Crites and carried by unanimous vote. Mrs. Klassen noted a typographical error in the contract number as stated on the Agenda and said it should be C17900. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XL PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, APPROVING A REQUEST BY MOBIL OIL CORPORATION FOR AN AMENDMENT TO AN EXISTING PRECISE PLAN/CONDITIONAL USE PERMIT FOR A MOBIL GAS STATION, CONVENIENCE STORE, INCLUDINGBEER AND WINE SALE FOR OFF -SITE CONSUMPTION, AND DRIVE-THRU CAR WASH ON 1.58 ACRES AT THE NORTHEAST CORNER OF COOK STREET AND GERALD FORD DRIVE, 36-650 COOK STREET Case No. CUP 00-06 Amending PP/CUP 96-10 (Mobil Oil Corporation and Urrutia Architects, Applicants) (Continued from the meetings of August 24, September 14, September 28, October 26, and December 14, 2000). Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was received. Councilman Spiegel moved to continue this matter to the meeting of May 24, 2001. Motion was seconded by Crites and carried by unanimous vote. B. REOUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NUMBERS 6 (APN 622-351-006-7), 23 (APN 622-351-023-2), AND 69 (APN 622-351-069-4), LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Housing Manager Teresa La Rocca reviewed the staff report and recommendation. Mr. Ortega stated that the purpose of this public hearing was to see ifthere is anyone who objects to the sale. Mayor/Chairman Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilmember/Member Benson moved to: 1) Waive further reading and adopt City Council Resolution No. 01-51, authorizing the Palm Desert Redevelopment Agency to sell mobile home lot numbers 6, 23, and 69, located at 43-155 Portola Avenue, and making a finding that the monetary consideration for this sale is not less than fair market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 415, authorizing the sale of mobile home lot numbers 6, 23, and 69, located at 43-155 Portola Avenue (Portola Palms Mobile Home Park) at fair market value. Motion was seconded by Kelly and carried by unanimous vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega asked that the following item be added to the Agenda. REOUEST FOR AUTHORIZATION FOR STANDBY GENERATOR PROJECT AT THE JOSLYN SENIOR CENTER. Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Benson and carried by unanimous vote. Mr. Ortega stated that he had spoken with representatives of the Cities of Indian Wells and Rancho Mirage relative to their sharing the expense of the generator under the same formula as the Cove Commission, and both had indicated they would do so, although they wanted to look at costs. He said the cost of engineering would be approximately $60,000, and he asked that the Council authorize the hiring of an engineer. Mayor Pro-Tem Kelly moved to, by Minute Motion, conditioned upon the project staying within the $60,000 proposed budget and with participation of the cities of Indian Wells and Rancho Mirage, pursuant to the Cove Commission formula: 1) Authorize staff to proceed with engineering services (Contract No. C 18840) for the subject project; 2) authorize the City Clerk to advertise and call for bids for the standby generator (Contract No. C18850). Motion was seconded by Crites and carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin asked that the following item be added to the Agenda. Councilman Crites moved to add this item to the Agenda. Motion was seconded by Kelly and carried by unanimous vote. REOUEST FOR AUTHORIZATION TO REQUEST PROPOSALS FOR PHOTOVOLTAIC PANELS (CONTRACT NO. C18830'. Mr. Erwin asked for Council's authorization to allow staff to send out requests for proposal for the photovoltaic solar panels in order to make a determination as to whether this is a sole source supplier. Councilman Crites moved to, by Minute Motion, authorize staff to request proposals from suppliers of photovoltaic panels for the City's solar assistance project. Motion was seconded by Spiegel and carried by unanimous vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1) Request for Closed Session : Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Buildings, 73-710/720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: City of Palm Desert/Paul S. Gibson, Finance Director Property Owner: City of Palm Desert Other Parties: State of California - Department of Agriculture Under Negotiation: x Price x Terms of Payment Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Ferguson and carried by unanimous vote. 2) Property: APNs 627-101-002/017/033/038/039 (SEC of Fred Waring Drive and San Pablo Avenue) Negotiating Parties: Agency: `Carlos L. Ortega/Phil DrelVCity of Palm Desert Property Owner: Herbert Boeckmann Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 b) Renee Capela v. City of Palm Desert, Riverside County Superior Court Case No. INC 021720 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Public Employment pursuant to Government Code Section 54957: Titles of Positions: City Manager 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) Report and Action on Items from Closed Session Made at This Meeting. See action taken with Resolution No. 01-54 (Item VI. -Resolutions, Item B). above. C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Governor's Budget - $10 Million for the University of California at Riverside - Palm Desert Campus (Mayor Jim Ferguson). Mayor Ferguson stated that there was a $10 million line item request in the Governor's budget for the UCR campus at Palm Desert. For numerous reasons, he was uncomfortable that the current lobbying effort expended by the UC System would be enough to effect passage. Therefore, he asked for his colleagues' concurrence to provide the City Manager with authorization to assign legislative responsibilities and focus for this item, working with the City's contract lobbyist. He believed it was going to take a fairly aggressive lobbying campaign. With Council concurrence, the City Manager was authorized to assign legislative responsibilities for the $10 million line item for UCR in the Governor's budget. o City Council Committee Reports: 1. Update Relative to Energy Issues (Councilman Buford A. Crites). No report given. 2. Library Trash Receptacle (Councilman Robert A. Spiegel). Councilman Spiegel said at Councilmember Benson's request, he had participated in a meeting to discuss a trash receptacle at the Multi -Agency Library. He explained that the present situation consisted of a large dumpster in the parking area in front of the building, while all other City businesses were required to provide an enclosure. He said at the meeting, Waste Management had agreed to provide the steel liner and receptacles for an underground enclosure, and if the City provided the hole, the matter would be resolved. He said the College was very happy that it could be easily taken care of. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 26, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mrs. Gilligan added that the enclosure would include a receptacle for collection of recyclables. Councilmember Benson said the Library Committee had been concerned for some time about the situation. She was very pleased to hear that Waste Management was going to cooperate in resolving the matter. 3. Choreosaranhv Festival at McCallum Theatre (Councilmember Jean M. Benson). Councilmember Benson reported that she had attended the finals for the subject festival, held at the McCallum Theatre, culminating the event that began in the Civic Center Park Amphitheater. She said it was an excellent event. XIII. ORAL COMMUNICATIONS None XIV. ADJOURNMENT Upon motion by Crites, second by Spiegel, and unanimous vote of the City Council, Mayor Ferguson adjourned the meeting at 7:25 p.m. to Closed Session. Mayor Pro- Kel reconvened the meeting at 7:55 p.m. and immediately adjourned with no action announced frn. ST: SHEILA R. GItLIGAN, Y CLERK CITY OF PALM DESE , CALIFORNIA MAYOR 24