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HomeMy WebLinkAbout2001-09-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 27, 2001 CIVIC CENTER COUNCIL CHAMBER 1. CALL TO ORDER Mayor Ferguson convened the meeting at 4:01 p.m. II. 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, ACM for Community Services/City Clerk Richard J. Folkers, ACM for Development Services Homer Croy, Director of Building & Safety Phil Drell, Director of Community Development J. Luis Espinoza, Finance Operations Manager Teresa La Rocca, Director of Housing Martin Pinon, Director of Human Resources Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Rachelle D. Klassen, Deputy City Clerk III. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE LEGACY HOME FURNISHINGS, PALM DESERT MERCHANDISE MART, AND TOMMY BAHAMA'S TROPICAL CAFE AND EMPORIUM FOR THEIR CONTRIBUTIONS TO A HABITAT FOR HUMANITY HOME ON CATALINA WAY (Rescheduled from the meeting of August 23, 2001). Presentations were made by Mayor Ferguson to Palm Desert Merchandise Mart and Tommy Bahama's, with representatives of Legacy Home Furnishings to be invited to a future meeting. He noted that Palm Desert MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Merchandise Mart and Legacy Home Furnishings had donated the furniture for the home, and Tommy Bahama's raised $40,000 for a financial contribution toward this project. B. PRESENTATION OF PROCLAMATIONS DECLARING THE MONTH OF OCTOBER 2001 AS " FIRE PREVENTION AND MINI MUSTER MONTH" IN THE CITY OF PALM DESERT. Mayor Ferguson and Historical Society President Ginny Folkers presented framed proclamations to representatives of the Riverside County Fire Department and California Department of Forestry and Fire Protection, Desert Sands Unified School District, and the Historical Society of Palm Desert. C. PRESENTATION TO RECOGNIZE CHRISTINE P. PENA FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION. Note: Ms. Pena was unable to attend the meeting. D. PRESENTATION OF REPORT TO THE CITY COUNCIL BY MIKE FIFE, PRESIDENT OF THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY, RELATIVE TO COACHELLA VALLEY TOURISM. Mr. Mike Fife, President, and Mr. Gary Sherwin, Vice President Market Development/Communications, presented a detailed report on the Authority's activities in Tight of the events of September 11, its potential impact on the Coachella Valley market, and how the Authority is responding. (A copy of the report is on file in the Office of the City Clerk.) IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of August 23, and September 13, 2001. Rec: Approve as presented. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 18PD Office Complex, 21 PD Office Complex, 23PD Office Complex, 25PD Office Complex, and 27PD Office Complex . Rec: Approve as presented. C. MINUTES of City Committee and Commission Meetings. 1. Civic Arts Committee Meeting of July 9, 2001. 2. Housing Commission Meetings of July 11, and August 8, 2001. 3. Technology Committee Meeting of July 3, 2001. Rec: Receive and file. D. RESOLUTION NO. 01-104 - 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 (June 2001). E-1. Rec: Waive further reading and adopt. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) with the Southern California Association of Governments (SCAG)for Participation in the Clean Cities Program (Contract No. C19440). Rec: By Minute Motion, approve the subject MOU and authorize the Mayor to execute same. E-2. REQUEST FOR APPROVAL of Contract with Health Insurance Network for Assistance with Administration of the City's Employee Health Benefit Insurance Program (Contract No. C19450). Rec: By Minute Motion: 1) Approve the proposed agreement and authorize the City Manager to execute same; 2) appropriate $20,500 from the Unobligated General Fund Reserve for same. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 E-3. REQUEST FOR AUTHORIZATION to Enter Into Agreements Relative to the Community Development Block Grant Program (CDBG) for FY 2001/02. Rec: By Minute Motion, authorize the Mayor to execute the following agreements: 1) County of Riverside Supplemental Agreement, authorizing the use of FY 2001/02 CDBG funds; 2) CDBG Subrecipient Agreements: a) Family YMCA of the Desert; b) Shelter From the Storm; c) Desert AIDS Project; d) Palm Desert Redevelopment Agency; e) Housing Authority of the County of Riverside (Nightengale Manor); f) Joslyn Cove Senior Center. F. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C18870 — Consolidated Landscape Maintenance Area No. 7. Rec: By Minute Motion, approve Change Order No. 2 in the amount of $1,980 ($220 per month) to the subject contract with Garza Landscaping, Inc., Indio, California, for the addition of Hovley Court West and authorize the Mayor to execute same. G. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C18400 — Desert Willow Traffic Circle Landscape Improvements (Project No. 585-01) (Pink, Inc., Palm Desert, CA). Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C18530 — 2001 Overlay/Resurfacing Program (Project No. 752-01) (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. Approved 4-0-1 (Ferguson ABSTAINING). I. REQUEST FOR EXTENSION of Maintenance Services for Civic Center Lagoon. Rec: By Minute Motion, authorize continuation of lagoon maintenance services with Southwest Aquatics, Palm Desert, California, on a month -to -month basis through December 2001. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 J. REQUEST FOR AUTHORIZATION to Purchase Two -Way Radios. Rec: By Minute Motion: 1) Authorize the purchase of 12 two-way, handheld radios from Anderson Communications/Compact Radio, Palm Desert, California; 2) appropriate $6,500 from the Unobligated General Fund Reserve for said purchase; 3) declare the eight (8) radios used by the Crossing Guards as surplus and authorize disposal as a trade-in credit on the purchase of new radios. K-1. REQUEST FOR AUTHORIZATION to Reduce the Amount of Subdivision Improvement Securities for Tract No. 25102 (Rancho Capistrano Development, Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to reduce the amount of the subdivision improvement securities to $40,000 as maintenance security for a one-year maintenance period. K-2. REQUEST FOR APPROVAL of Final Tract Map 28818-2 (Marriott Ownership Resorts, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 01-105, approving the final subdivision map of Tract Map 28818-2. K-3. REQUEST FOR APPROVAL of Final Tract Map 29528 (Palm Desert Redevelopment Agency/City of Palm Desert, Applicants). Rec: Waive further reading and adopt Resolution No. 01-106, approving the final subdivision map of Tract No. 29528. K-4. REQUEST FOR APPROVAL of Final Tract Map 30216 (GHA Paloma Group, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 01-107, approving the final subdivision map of Tract Map No. 30216 and approving the agreement relating thereto. L. REQUEST FOR APPROVAL of Musical Entertainment for the Palm Desert Committee/Commission Holiday Party on December 8, 2001. Rec: By Minute Motion, approve the subject entertainment to be provided by CTC Music, Palm Desert, California, in the amount of $600. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 M-1. REQUEST FOR AUTHORIZATION to Close Larkspur Lane on November 3, 2001. Rec: By Minute Motion, authorize Parade Charities, Inc., to close Larkspur Lane between El Paseo Drive and Shadow Mountain Drive on Saturday, November 3, 2001, from 7:00 - 10:00 p.m. for a Golf Cart Parade Pre -Party. M-2. REQUEST FOR WAIVER of Fees Associated with the Shenandoah Shakespeare Company Performance. Rec: By Minute Motion, waive fees associated with the subject performance sponsored by the McCallum Theatre Institute and scheduled to be held November 11, 2001, at the Palm Desert Civic Center Park Amphitheater. M-3. REQUEST FOR WAIVER of Fees Associated with the Debbie Chisholm Memorial Foundation's First Annual 5K Christmas Walk For Wishes. Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held December 8, 2001, at the Palm Desert Civic Center Park. N. REQUEST FOR APPROVAL of Employee Appreciation Picnic on October 26, 2001. Rec: By Minute Motion, approve the closure of City Hall at 2:00 p.m. on Friday, October 26, 2001, so City employees can attend the Employee Appreciation Picnic at Desert Willow Golf Resort. 0. REQUEST FOR APPROVAL of City Manager's Employee Recognition Discretionary Fund. Rec: By Minute Motion: 1) Approve an annual allocation of $12,000 for the subject fund; 2) appropriate said funds for same. P. REQUEST FOR APPROVAL of Proposal to Provide Employee and Supervisory Staff Training by Legal Learning Group, a Division of Littler Mendelson. Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Q. CONSIDERATION of City Participation in Construction Costs for Off -Site Improvements Associated with Precise Plan 01-03, Cook Street Plaza — Northwest Comer of Cook Street and Sheryl Avenue (Cook Street Associates, LLC, Applicant). Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. R-1. CONSIDERATION of Legislative Review Committee Action on ABX 2 52 (Reyes) at its Meeting of September 18, 2001. Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. R-2. CONSIDERATION of Legislative Review Committee Action on AB 1199 (Cardenas) at its Meeting of September 18, 2001. Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Civic Center Energy Conservation Update 3. Trails Update Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 4. "Cool Cash Hot Deals" Summer Promotion Recap 5. Desert Gateway Shopping Center Development Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 6. All -Way Stop at Portola Avenue and Hovley Lane West 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 The following items were removed from the Consent Calendar for separate consideration under Section V, Consent Items Held Over: Mayor Pro-Tem Kelly — Item Q Mayor Ferguson — Item G — he noted that he would abstain from Item H because it involved a Notice of Completion for Granite Construction, one of his clients. Councilman Crites — Items R-1, R-2, S-3, and S-5 Councilmember Benson — Item P Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar was approved as presented by a 5-0 vote, with Mayor Ferguson ABSTAINING from the vote on Item H. V. CONSENT ITEMS HELD OVER G. REQUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C18400 — Desert Willow Traffic Circle Landscape Improvements (Project No. 585-01) (Pink, Inc., Palm Desert, CA). Mayor Ferguson asked if there was still more work to be done at this location. Mr. Knight responded that there was a request after the initial contract was approved to put some smaller palm trees under the larger palm trees, and that had yet to be done. He said it would be treated outside the existing contract. Mayor Ferguson moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $1,409 to the subject contract with Pink, Inc., Palm Desert, California, for installation of additional palm trees, electrical conduit, lights, and irrigation; 2) authorize the transfer of said amount from contingency to base; 3) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Spiegel and carried by a 5-0 vote. P. REQUEST FOR APPROVAL of Proposal to Provide Employee and Supervisory Staff Training by Legal Learning Group, a Division of Littler Mendelson. Upon question by Councilmember Benson relative to whether this was a duplication of other sessions that had been done previously, Mrs. Gilligan noted that some of the training was required legally to be done annually. She said an overview was being done of all of the City's policies and procedures, including the Personnel Ordinance. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Human Resources Director Martin Pinon noted that training was required by law annually in all four areas in which the City's managers were being trained, including sexual harassment, violence in the workplace, alcohol and drug abuse, and workers' compensation. Councilmember Benson moved to, by Minute Motion: 1) Approve proposal in the amount of $5,000 by Legal Learning Group, a Division of Littler Mendelson, for a one -day, eight -hour training session for all City of Palm Desert Managers and Supervisors; 2) approve proposal in the amount of $18,000 for four, eight -hour training sessions for all City of Palm Desert General Employees; 3) appropriate said funds for same. Motion was seconded by Spiegel and carried by a 5-0 vote. Q. CONSIDERATION of City Participation in Construction Costs for Off -Site Improvements Associated with Precise Plan 01-03, Cook Street Plaza — Northwest Corner of Cook Street and Sheryl Avenue (Cook Street Associates, LLC, Applicant). Mayor Pro-Tem Kelly asked that this item be listed as a regular item rather than a Consent Calendar item when it is brought back to the Council. Mayor Pro-Tem Kelly moved to continue this matter to the meeting of October 11, 2001, with staff directed to provide more comparative analysis on the subject request and the cost associated with the widening of the Fred Waring/Monterey intersection. Motion was seconded by Crites and carried by a 5-0 vote. R-1. CONSIDERATION of Legislative Review Committee Action on ABX 2 52 (Reyes) at its Meeting of September 18, 2001. Councilman Crites stated that he had requested a cost breakdown the last time this was before the Council but had not yet seen such a report. He said he felt a one-year exemption would be appropriate for the purposes listed by the State of California. Since that was not what was being proposed, he said he would be voting against it. Mayor Ferguson suggested continuing this matter to the next meeting. Councilman Crites moved to continue this matter to the meeting of October 11, 2001, with staff requested to provide a breakdown of sales tax by category of purchase. Motion was seconded by Kelly and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 R-2. CONSIDERATION of Legislative Review Committee Action on AB 1199 (Cardenas) at its Meeting of September 18, 2001. Councilman Crites moved to continue this matter to the meeting of October 11, 2001, with staff requested to provide a breakdown of sales tax by category of purchase. Motion was seconded by Kelly and carried by a 5-0 vote. S. INFORMATIONAL ITEMS: 3. Trails Update Councilman Crites called Planning staffs attention to the fact that the existing trails used by Palm Desert residents close on January 1. He said he would hope that the City is aiming toward having something ready in January where people can be directed. 5. Desert Gateway Shopping Center Development Councilman Crites asked for a copy of the development agreement so that he can more carefully ascertain what appears to be the little area left over which the Council has the right of review. Ms. Ruth Ann Moore stated that she would provide said copy to Councilman Crites the following day. Councilman Crites moved to accept Items S-3 and S-5. Motion was seconded by Spiegel and carried by a 5-0 vote. VI. RESOLUTIONS A. RESOLUTION NO. 01-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 (AMENDING RESOLUTION NO. 00-136). Mr. Ortega noted the staff report in the packets. Councilman Crites moved to waive further reading and adopt Resolution No. 01-108. Motion was seconded by Benson and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 VII. ORDINANCES For Introduction: A. ORDINANCE NO.1005, - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 1001 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE PALM DESERT MUNICIPAL CODE (SPEED ZONES - MONTEREY AVENUE). Mr. Ortega noted the staff report in the packets. Councilman Crites asked why the speed limit was 60 miles per hour to get out of Palm Desert and 50 miles per hour to get into Palm Desert. Mr. Gaugush responded that the City of Rancho Mirage was taking this into consideration, since half of Monterey Avenue is in Rancho Mirage. He said they were considering adopting the City of Palm Desert's survey and changing the speed limit to reflect the same speed limit as Palm Desert's portion. Councilman Crites moved to waive further reading and pass Ordinance No. 1005 to second reading. Motion was seconded by Spiegel and carried by a 5-0 vote. B. ORDINANCE NO. 1006 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 15.04 OF THE PALM DESERT MUNICIPAL CODE (RESCINDING ORDINANCE NO. 939), RELATING TO BUILDING CODE ON BUILDING ADDRESS REQUIREMENTS. Mr. Ortega noted the staff report in the packets. Councilman Spiegel stated that he would like to see uniform numbers on the curbs throughout the City, and he asked that staff look into this and come back with a report if the cost is not too prohibitive. Mr. Folkers responded that this had been done in the residential areas several years ago; however, it was not done in the commercial areas because of parking. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1006 to second reading. Motion was seconded by Crites and carried by a 5-0 vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 For Adoption: A. ORDINANCE NO. 1002 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 626 AND AMENDING SECTION 10.36.010 OF TITLE 10 OF THE PALM DESERT MUNICIPAL CODE (SPEED ZONES - PARK VIEW DRIVE). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1002. Motion was seconded by Crites and carried by a 5-0 vote. B. ORDINANCE NO. 1004 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM PLANNED RESIDENTIAL PR-10 TO PR-11 FOR THE WESTERLY 7.7 ACRES OF THE EXISTING FOUNTAINS AT THE CARLOTTA SITE AT 41-505 CARLOTTA DRIVE Case No. C/Z 01-03 (The Fountains and Mainiero, Smith and Associates, Applicants). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1004. Motion was seconded by Kelly and carried by a 5-0 vote. VIII. NEW BUSINESS A. REQUEST FOR REVIEW OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, GRANTING PRELIMINARY APPROVAL TO THE ARCHITECTURAL PLANS FOR AN 18,079 SQUARE FOOT, TWO-STORY OFFICE BUILDING AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND WASHINGTON STREET, 77-990 FRED WARING DRIVE Case No. C 01-04 (Lyle -Hall, LLC, Applicant). Mr. Ortega noted the staff report in the packets. He said there may be consideration of property acquisition, and terms and price would be discussed in Closed Session. Planning Manager Steve Smith recommended that this matter be continued to the meeting of October 11, 2001, in order to have the information from Closed Session as far as acquisition of the property. Councilman Crites stated that he had appealed this decision because that corner is one of the prime entrance corners to the City of Palm Desert. Any type of entrance monument or signage will impact the landscaping to the corner and could conceivably impact parking in that particular corner. He felt this needed to be considered before a developer starts the project. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Mayor Ferguson stated that he would rather not stretch this out over two weeks and two separate meetings. Mr. Smith responded that staff was not sure how large an area the acquisition might take, and without that knowledge staff was limited in how much it can evaluate the proposal. Upon question by Councilman Spiegel about the impact the continuation would have on the developer, Mr. Smith responded that the developer was still in the process of preparing working drawings, although preliminary approval had been received from Architectural Review Commission. Councilman Crites moved to continue this matter to the meeting of October 11, 2001. Motion was seconded by Spiegel and carried by a 5-0 vote. B. REQUEST FOR AUTHORIZATION TO DECLARE AS SURPLUS AND TRANSFER THE SHOPPER HOPPER TROLLEY #701 TO THE CITY OF SANTA BARBARA, CALIFORNIA. Councilman Spiegel moved to, by Minute Motion, authorize the transfer of the fixed asset Shopper Hopper Trolley #701 to the City of Santa Barbara, California. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF AGREEMENT FOR SERVICES TO OPERATE THE "SHOPPER HOPPER" (CONTRACT NO. C19460). Councilman Spiegel stated that he would like to have some type of a caveat saying that if things are not going well economically, the City has the opportunity to cut back. Mayor Pro-Tem Kelly stated that only one of the City's regular trolleys would be working, and the other would be brought in by SunLine, and it would be very easy to adjust at any time. Ms. Ruth Ann Moore stated she would need to check with SunLine staff on such an amendment. She noted that it was her understanding that the drivers are union, and she was not sure whether that would make a difference or not. Mayor Pro-Tem Kelly suggested that the approval be subject to SunLine's agreement. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Approve the subject one-year agreement with SunLine Transit Agency, Thousand Palms, Califomia, for the operation, administration, and vehicle maintenance of Route 51, the "Shopper Hopper Route," that provides two electric trolleys serving shopping locations in the City of Palm Desert from July 1, 2001, through June 30, 2002, at a cost of $195,780.06, subject to SunLine's agreement to an amendment that will allow for reduction to one trolley should economic conditions warrant it; and 2) authorize the Mayor to execute same. Motion was seconded by Crites and carried by a 5-0 vote. D. CONSIDERATION OF RECOMMENDATION RELATIVE TO THE CITY'S E-GOV WEBSITE (CONTRACT NO. C19470). Mr. Ortega noted the staff report in the packets and stated that staff was available to answer any questions. Councilman Spiegel moved to, by Minute Motion, concur with the recommendation of the Technology Committee and authorize an agreement with Sitewire Marketspace Solutions, LLC, Tempe, Arizona, in an amount not to exceed $12,000 and authorize the Mayor to execute same, subject to approval by the City Attorney. Motion was seconded by Kelly and carried by a 5-0 vote. E. REQUEST FOR AUTHORIZATION TO PURCHASE REPLACEMENT VEHICLES. Mr. Ortega noted the staff report in the packets. Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Authorize the purchase of four (4) Ford F-150 Dedicated CNG pick-up trucks in the amount of $99,259.68 from Fritts Ford, Riverside, California; 2) authorize the appropriation of $24,800 from the Unobligated General Fund Reserve for the purchase of the fourth vehicle. Motion was seconded by Spiegel and carried by a 5-0 vote. F. CONSIDERATION OF THE ORGANIZATION AND PRODUCTION OF A CITY OF PALM DESERT JAZZ FESTIVAL. Mrs. Gilligan reviewed the staff report and offered to answer any questions. She noted that the Promotion Committee and Civic Arts Committee both recommended strongly that this was a great event to do in conjunction with the Golf Cart Parade. She added that the Golf Cart Parade Committee was also in favor of this event. She said this was a great way to promote Palm Desert. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Upon question by Mayor Pro-Tem Kelly, Mrs. Gilligan responded that no other local community currently had a jazz festival. Mayor Pro-Tem Kelly moved to, by Minute Motion, approve the concept of organizing an annual Palm Desert Jazz Festival in conjunction with the 2002 Golf Cart Parade and direct staff to begin organizing same. Motion was seconded by Benson and carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE PALM DESERT REGIONAL PARK. Mr. Ortega noted the staff report in the packets. Mayor Ferguson requested an item be added to the Closed Session Agenda dealing with acquisition of the property adjacent to the park. Parks and Recreation Planning Manager Jeff Winklepleck reviewed the staff report and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion: 1) Appropriate $2,158,767 for land acquisition and mass grading plan for the Palm Desert Regional Park —funds are available in Fund 400; 2) authorize the Mayor to execute a contract with Mayers and Associates for completion of the mass grading plan (Contract No. C19480). Motion was seconded by Kelly and carried by a 5-0 vote. H. CONSIDERATION OF PROPOSAL FROM FUN+MENTAL MEDIA FOR PALM DESERT AMPHITHEATER DOCUMENTARY PROJECT. Councilman Spiegel expressed concern with the cost of doing such a project, especially when there is a possibility that it can be done for much less. Parks & Recreation Planning Manager Jeff Winklepleck reviewed the staff report. He said staff was requesting that some sort of documentary or historical piece be put together on the amphitheater and that Council direct staff to continue working with appropriate committees to come up with a description and scope of work, and then go out with an RFQ process to find other film makers. Councilmember Benson noted that the Promotion Committee felt it was not just the amphitheater that needed to be documented. Members felt a documentary should include other things as well, such as the building of Desert Willow, etc. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Councilman Crites moved to, by Minute Motion: 1) Request that staff look at a program that would document important Palm Desert milestones and return to the Council with same; and 2) reject the proposal from Fun+Mental. Motion was seconded by Benson and carried by a 5-0 vote. I. CONSIDERATION OF A PARTNERSHIP WITH THE MC CALLUM THEATRE FOR A FUNDRAISER IN CONJUNCTION WITH OUR NATIONAL TRAGEDY. Councilmember Benson noted that the Indian Wells City Council last week approved sending $50,000 to the New York Firefighters. She suggested that the City of Palm Desert do the same and present it at the upcoming McCallum benefit program. Councilmember Benson moved to, by Minute Motion, appropriate $50,000 for the September 11 Fund, designated for the New York City Firefighters and to be presented at the upcoming McCallum benefit program. Motion was seconded by Spiegel and carried by a 5-0 vote. IX. CONTINUED BUSINESS A. CONSIDERATION OF MEMBERSHIP PROVISIONS OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND FRIENDS OF THE CULTURAL CENTER, INC. (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY) (Continued from the meetings of June 28, July 19, and August 23, 2001). Mr. Ortega stated that this was continued from the last meeting in order to obtain a legal opinion from the City Attorney, which had been provided to the Council. Councilman/Member Spiegel noted that one provision being considered was the possibility of the member being one of the Council or a person designated by the Council. Mr. Erwin noted that the agreement provides that the designation of the member be done by the McCallum Theatre Board rather than the City Council. Mayor Pro-TemNice Chairman Kelly expressed concern with this requirement. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Upon question by Councilman/Member Crites, Mr. Erwin stated that the requirement does not trigger any legal issues. Mayor Pro-TemNice Chairman Kelly said he felt the requirement that a member of the City Council be on the Board exposes the City to being part of the decision -making process. If the City were then to look to the Board to correct a liability, they could say that the City is part of the process and helped make the decisions. Mr. Erwin noted that the agreement does have a hold harmless provision holding the City harmless from any responsibility of being on the Board, both the Foundation Board and the Theatre Board. Councilman/Member Spiegel stated that this has nothing to do with the $5 million already approved and given to the McCallum Theatre, and Mr. Erwin agreed. Councilman/Member Spiegel said he would like to be at arm's length from any financial problems which might arise at the McCallum Theatre, and he expressed concern that this would not be the case if the City had representation on the Board. Mr. Erwin stated that if three members of the Council were on that Board, the City would certainly be at risk; however, with only one member, one member does not have the ability to obligate the City or the Council. Mayor Ferguson noted that this had been set up so that it would not implicate the Brown Act and would not involve the City to the degree beyond monitoring the $5 million investment. He said if something were to go wrong, he would want to be the first, not the last, to know about it. Councilman/Member Crites moved to, by Minute Motion, approve the agreement as written. Motion was seconded by Benson and carried by a 3-2 vote, with Councilmen/Members Kelly and Spiegel voting NO. B. ORDINANCE NO. 1003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.32 TO THE PALM DESERT MUNICIPAL CODE, RELATING TO MAINTENANCE AND CARE OF TREES (Continued from the meeting of August 23, 2001). Mr. Ortega noted the staff report in the packets. He stated this matter had been before the Landscape Committee, which met with representatives of Southern California Edison. He said the Committee continued to recommend the ordinance at this time. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Councilman Spiegel noted there are palm trees in the City of Palm Desert that were planted underneath electric wires. When the trees get too high, they will either short out the wires or cause a fire. Southern California Edison, therefore, goes in and tops the trees; however, sometimes this kills the trees. He said Edison now has a program where they contact residents whose trees are too tall and give them the opportunity to have the trees removed, with Edison paying the cost of removal. He said the tree is cut down, with the stump left on the owner's property. He noted that it was not Edison's fault that the City's palm trees have grown up into the wires, and he felt it was fair not to require Edison to do any more than to cut the trees down to stumps. Anything else should be the responsibility of the City. Mayor Ferguson noted the letter in the packets from Southern California Edison saying they have desired to meet with the City on this issue. Mayor Pro-Tem Kelly responded that meetings had been held with Edison many times. He said the issue was who is responsible. He noted there is a law that says they have to keep a certain distance; however, there are a lot of ways to meet that requirement. He did not feel cutting the palm trees five feet below the pod and leaving a pole sticking up was the right thing to do. With this ordinance, if a normal tree affected the Edison lines, they would be required to trim it. If the tree needs to be removed, they could do so, and the City could then plant a new tree which would not affect the lines. Councilman Crites added that the ordinance also dealt with notification, making sure the City has knowledge of when the work will take place and qualifications of the people who are going to do the work. MS. KATHLEEN DeROSA, Southern California Edison, said the issue was removal of the stump and grinding of the root ball. She said they had met with the City's Landscaping Committee and negotiated several points, although she felt there were still several things missing from the ordinance. She said a lot of the palm trees had been put in after the Edison poles and lines were put in. She said the poles are marked with the year they were installed. She added that this seemed to be the biggest sticking point in this ordinance, and she would appreciate any consideration on that point. She said the Committee had worked well with Edison, and she appreciated the members' time and consideration. Councilman Crites suggested that a set of pros and cons on this one issue come back to the Council at second reading of the ordinance. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 MS. DeROSA noted that the cost to Edison was between $400 and $600 to remove the root balls. She added that Edison had offered in a good faith effort to take out the root balls for those trees which had been cut down in the past several years, although they did not want this responsibility on a going -forward basis. Councilman Crites moved to waive further reading and pass Ordinance No. 1003 to second reading, with direction to resolve any remaining issues prior to second reading. Motion was seconded by Kelly and carried by a 5-0 vote. C. CONSIDERATION OF ALTERNATIVES FOR DELINEATION OF THE HOMME/ADAMS PARK (Continued from the meeting of August 23, 2001). Councilman Crites stated that he would be abstaining from discussion and action on this item. Mayor Ferguson stated that he and Mayor Pro-Tem Kelly had visited the perimeter of the Homme/Adams Park, including Mrs. Cree's property to the west, South Cliff Road to the south, the CVWD easements to the west, and the rock outcropping to the far north, just south of Cahuilla Park. He said City crews were out setting palm logs that day, and they noted the situation with the embankment at the Whitewater Storm Channel, right next to the Thrush Street Bridge. He said the most surprising thing for both of them was that the gate on Thrush heading north was freely open now, and any fencing put on the short section of land south of Thrush to where the existing CVWD fencing is would have to extend north almost half a mile, all the way down to Cahuilla Park, which would not be an inexpensive fix. He said they looked at Mrs. Cree's property and the parking configuration and noticed that the parking was now being spread out, which would tend to encourage people to take wider paths to the foothills, and this may implicate her property. As of yet, there was still no uniform signage directing people to walk in any one direction, and he felt without that signage, direction, and operating history, he had no idea whether people would follow the signs as they were supposed to or whether they would wander onto Mrs. Cree's property as she fears. Mayor Pro-Tem Kelly agreed with Mayor Ferguson's report and said he felt it was important to do something to delineate the City's property from Mrs. Cree's property so people will not tend to go onto her property. MS. DORI CREE, 47-400 South Cliff Road, Palm Desert, said she had spoken with Phil Drell who indicated the Council's thoughts were to delineate the west side of the park with additional palm logs to separate the park from 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 her property. She said she would prefer to see some kind of wooden fence. She expressed concern with the existing palm logs along Channel Road, and said she did not think it looked very nice. In addition, the road from Thrush Bridge to Upper Way West had been made more narrow going south (to approximately 25 feet in width), which is where the residents live, and this could cause problems with service vehicles and emergency vehicles. She said she would have liked to see the street widened to 60 feet as it is In the opposite direction, going south from Thrush Bridge, where there are no residents. She noted that with the addition of palm logs on South Cliff Road, the road was narrowed from 25 feet wide to an approximately 12-foot wide trail. She requested that Council direct that the logs be moved over another six to ten feet. Councilmember Benson said she felt the palm logs looked good in that area and did what they were supposed to do in delineating the park property. She agreed that there was a need for signage to show where the private property is. Mr. Drell stated that development of the park will involve delineating and building something that clearly looks like a trail and taking all of the other paths used in the past to try and eliminate them. Mr. Winklepleck stated that in discussions with the fence manufacturers, the lodge pole pine installed was approximately $15 per lineal foot; however, with the amount being considered (approximately 1,000 to 1,200 lineal feet), he felt it could be lowered a few dollars per lineal foot, or $15,000 to $20,000 total. He noted that approximately $600,000 had been set aside for this park. Mayor Ferguson moved to, by Minute Motion: 1) Authorized staff to obtain a formal proposal for lodge pole pine fencing and return to the Council with all information, including pictures of the proposed installation; 2) work with Mrs. Cree to ensure her property is surveyed properly and to develop a signage program that identifies hers and other private property from the park area. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Councilman Crites ABSTAINING. X. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C18630-A — FRED WARING DRIVE MASONRY BLOCK WALL CONSTRUCTION FROM SAN PASCUAL AVENUE TO DEEP CANYON ROAD. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Mr. Ortega noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 2 in the amount of $86,567 to the subject contract with Cora Constructors, Palm Desert, California, for additional services on the project, including: construction of block walls along either side of a new access road onto Goleta Avenue from Fred Waring Drive and provision of additional traffic control measures and barriers; 2) authorize the Mayor to execute same — funds for this work are available in the current Capital Improvements Program Budget. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO CONTRACT NO. C18630-A — FRED WARING DRIVE MASONRY BLOCK WALL CONSTRUCTION FROM SAN PASCUAL AVENUE TO DEEP CANYON ROAD. Mr. Ortega noted the staff report in the packets and stated that at the time the report was written, staff did not yet have the cost from the contractor. Project Administrator Lauri Aylaian noted that the cost for changing the color scheme on the mountain pattern was $41,753. Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 3 in the amount of $41,753.00 to the subject contract with Cora Constructors, Palm Desert, California, for revising the color scheme of the mountain pattern on the masonry block walls under construction on Fred Waring Drive between San Pascual Avenue and Deep Canyon Road; 2) authorize the Mayor to execute same — funds are available in the current Capital Improvements Program Budget. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF CONTRACT FOR DESIGN AND IMPLEMENTATION OF AN ART IN PUBLIC PLACES WEBSITE (CONTRACT NO. C19210). Mr. Ortega noted the report in the packets. Mayor Pro-Tem Kelly moved to, by Minute Motion, concur with the Art In Public Places Commission and the Technology Committee and approve the subject contract with Sitewire Marketspace Solutions, LLC, Tempe, Arizona, in an amount not to exceed $22,500 and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by a 5-0 vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 D. REQUEST FOR APPROVAL OF KEEPING THE NAME OF "PEACE MEMORIAL." Councilman Spiegel moved to, by Minute Motion, recommend that the name "Peace Memorial" be maintained. Motion was seconded by Crites. Mayor Pro-Tem Kelly said he understood the need the leave the name as it is for this memorial, but he expressed concern that a lot of people had fought for freedom and given their lives, and a lot of families had lost loved ones. Although the City has a Peace Memorial, there is no memorial for all of those people who have given their lives in the past fighting for freedom. He felt something should be done to recognize all of them. He said he would vote in favor of this motion if the Council then gives direction to staff to look into some kind of freedom memorial. Mayor Ferguson stated that he had met with the Art In Public Places Commission, and most of the members did not question the concept of freedom, but disagreed with going back and renaming an artist's piece that was placed, designed, and went through an entire process. He said they welcomed the idea of forming a freedom memorial. He added that his concern with going to the Art In Public Places Commission was that he would rather have people who are more in tune with the freedom aspect of it and less in tune with necessarily placing an art piece. Councilman Spiegel agreed to an amendment to the motion to maintain the name "Peace Memorial", with additional direction to staff that it take appropriate steps and work with appropriate parties in order to develop a "Freedom Memorial" for the Palm Desert Regional Park now being developed. Motion was seconded by Crites and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF PROPOSED ITINERARY FOR DELEGATES FROM IXTAPA-ZIHUATANEJO. MRS. ROSE MARY ORTEGA, member of the Sister Cities Subcommittee, addressed the Council and presented a tentative itinerary, which had been accepted by the Mayor and residents of lxtapa-Zihuatanejo as a response to an invitation made by the Mayor in July and accepted by the Mayor of Zihuatanejo several weeks ago. She noted that the itinerary had also been presented to the Sister Cities Subcommittee and to Councilman Crites the previous Thursday, followed by a discussion and a motion that a subcommittee be formed to organize a reception for the visitors on Friday evening November 2, 2001, depending on their arrival. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Councilman Crites moved to, by Minute Motion, concur with the preliminary draft — agenda and direct staff to work with the Mayor's Office in finalizing these plans. Motion was seconded by Benson and carried by a 5-0 vote. Councilman Crites moved to add the following item to the Agenda. Motion was seconded by Kelly and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF AGREEMENT FOR PRINTING OF THE CITY'S MONTHLY NEWSLETTER (BRIGHT SIDE) (CONTRACT NO. C19490). Councilman Spiegel moved to, by Minute Motion, approve the subject agreement with Mink Printing, Palm Desert, California, in the amount of $4,781.91/month plus film charges averaging $400/month through FY 2001/02. Motion was seconded by Benson and carried by a 5-0 vote. XI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NO. 138 (APN 622-351-138-3), LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK), AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Chairman/Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was offered, and he declared the public hearing closed. Vice Chairman/Mayor Pro-Tem Kelly moved to waive further reading and adopt: 1) City Council Resolution No. 01-103, authorizing the Palm Desert Redevelopment Agency to sell mobile home lot #138, located at 43-155 Portola Avenue (Portola Palms Mobile Home Park), at fair market value; 2) Redevelopment Agency Resolution No. 427, making the finding that the sales price for the subject mobile home lot is not less than its fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1, Amended. Motion was seconded by Spiegel and carried by a 5-0 vote. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 XII. REPORTS AND REMARKS A. CITY MANAGER 1. Report on Proposed Coachella Valley Animal Campus. MRS. CORKY LARSON, Coachella Valley Association of Governments (CVAG), thanked Palm Desert staff and Councilmember Benson for their assistance with this project. MS. AURORA KERR of CVAG addressed the Council and gave a brief history of the Valley -wide animal shelter to date. She showed photos of the various existing kennels in the Coachella Valley. MR. ROBERT GOMER reported on the tours taken by the CVAG Human & Community Resources Committee. MR. MIKE RUSSELL, President of Animal Samaritans, spoke about the proposed site and funding. He said that on the remaining five acres of the proposed site, Animal Samaritans would erect a new facility to replace its existing facility, to include a substantially larger medical facility that would enable them to continue to spay and neuter animals, provide low-cost and no -cost services to the community, and supply medical care to the animals housed in the facility next door. He said they would also put in a substantially increased humane education center. In addition, they would provide training courses for people within the community on how to deal with animals so they can educate themselves about the animals they bring into their homes. He said the would also build a no -kill shelter, smaller in size than the one being proposed by CVAG. He noted there were a lot of people in the community who are out here alone, and all they have is their cat or dog, and they would provide free boarding for these people. In addition, they would use their shelter to maximize the number of adoptions through the CVAG facility by going to the CVAG facility and taking some of the animals if there is room. In addition, they would bring to the campus a volunteer force to serve the CVAG facility and the animals. He said they would provide the groomers, the walkers, the training, etc. that is needed. He also reviewed the finances of Animal Samaritans. MS. KERR continued her presentation and stated that the recommendation from CVAG staff is that each member jurisdiction take action to participate in the formation and service as an Executive 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Advisory Member of a Valley -wide animal campus and appoint one representative to serve on the Executive Advisory Committee. Special Projects Administrator Pat Conlon reviewed his staff report dated September 27, 2001, and offered to answer any questions. MR. RAY ALLEY, 9630 San Rafael, Desert Hot Springs, suggested that all publicly -funded facilities in the Valley start using micro chips in all animals they adopt out so that lost animals can be returned to their owners. He also felt the codes should be changed to reflect that any change of ownership in an animal would require micro chipping; however, all pets that had already been owned would be grandfathered in and would not be required to be chipped. MR. HERB MONIZ, Save -A -Pet Kennels in Desert Hot Springs, expressed appreciation to the City for looking into this shelter. MS. BARBARA FLANAGAN GARMAN, 38-039 Crocus Lane, Palm Desert, spoke in favor of the proposed Coachella Valley Animal Campus. MS. JUDY MUGGERIDGE, 39-811 Black Horse Way, Palm Desert, spoke as a volunteer in favor of the proposed project. Councilman Spiegel asked if Redevelopment funds could be used for this structure. Mr. Ortega responded that the proposal was to put the project on property outside the City boundaries. Redevelopment Attorney William Strausz stated that generally a Redevelopment Agency can pay for all or part of the cost of a publicly -owned facility provided certain findings are made. One of the constraints he saw here was that the improvement itself is supposed to primarily benefit the Project Area, and he did not know how a finding could be made that it would do that. He said the purpose of that provision was to preclude redevelopment tax increment funds from financing improvements that have a regional benefit as opposed to a more localized project area type of benefit. He added that the County's Redevelopment Agency would be subject to the same provisions of law. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Mayor Ferguson pointed out to CVAG that if they could find a way to let cities use Redevelopment monies, the chances of getting this project through were a lot better than if they have to rely on general fund money. Councilmember Benson noted that CVAG staff had done what was asked of them when this project was sent to them over a year ago. She said if this had done nothing else, it had brought all the groups together to work together to show that if the cities could work together and get something, the animal groups could do so as well. Councilman Spiegel moved to, by Minute Motion, approve: 1) Participation in the formation and service as an Executive Advisory Member of a Valley -wide animal campus; 2) appointment of Councilmember Jean Benson to serve as Palm Desert's representative on the Executive Advisory Committee. Motion was seconded by Crites. Mayor Ferguson said he was in favor of looking at this; however, his fear, as he talked to other councils and mayors and saw what people are willing to do and not willing to do, was that somehow Palm Desert would be the city paying the lion's share of the funding. He said while he cared deeply about animals, he also as a Councilman had a responsibility to the City's taxpayers to make sure the benefit being provided the residents is equal to the financial commitment and not far beyond it. He said if he were asked tonight to support the project, he would probably say no because of a number of unknowns. He said he would vote in favor of the motion; however, he was in no way committing himself to voting in favor of the final project. He added that he would hope the Committee is very sensitive in looking at cost- effective alternatives. Mayor Ferguson called for the vote, and the motion carried by a 5-0 vote. B. CITY ATTORNEY 1. Report on Alternatives for Annual City Council Reorganization. Mr. Erwin noted the staff report in the packets. He noted that he had prepared this report without consulting with the City Clerk's Office, and he had been reminded that the City Council had traditionally, in election years, not approved the results of the election at its first meeting in December but had to do so prior to that meeting. This was due to the current Election Code requirements that the results be certified on the second Tuesday following receipt of the canvass. He 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 Councilman 2001. Motion was said Council should be aware that because Palm Desert is a Charter City, the Council can change the process on a municipal election if it wishes to do so . and conduct the canvass at its first meeting in December. He asked for Council direction. Mrs. Gilligan asked if there was any regulation in the Elections Code or the Government Code that says there is a specific date by which the Council must select a Mayor. Mr. Erwin responded that there was no such requirement. Mrs. Gilligan stated that this would not, then, have to be tied to the canvass of the election. She said the Council could select the Mayor and Mayor Pro-Tem in January if it so chose. Mayor Ferguson asked if there was any problem with the requirement that a Mayor serve a minimum of two years on the Council and that a Mayor Pro-Tem serve a minimum of twelve months. Mr. Erwin stated that he had heard no comments about the resolution that was attached to his memorandum. Upon question by Councilman Crites as to whether Mr. Erwin had a problem with such a requirement, he stated that he did not. Mayor Pro-Tem Kelly expressed concern with changing Mayors and Mayors Pro-Tem in January because there could be a case where a Councilmember serving as Mayor or Mayor Pro-Tem has his/her term expire at election time in November, and there is a gap of two months where the position is not filled. Mayor Ferguson suggested continuing this matter to the next meeting to allow time for the City Attorney and City Clerk to meet and come up with something with which both are comfortable. Spiegel moved to continue this matter to the meeting of October 11, seconded by Crites and carried by a 5-0 vote. 2. Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 1) Property: Lease Property - Parkview Professional Office Complex, 73-710R20 Fred Waring Drive, Palm Desert, CA Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: JMS Engineers Under Negotiation: x Price x Terms of Payment 2) Property: APNs 637-340-029/064 (NWC Fred Waring Drive/Washington Street) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Cpfw/Lyle-Hall, LLC & Desert Breezes Master Association Under Negotiation: x Price x Terms of Payment 3) Property: APNs 624-270-002; 624-222-004 Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/ City of Palm Desert Property Owner: Roman Catholic Bishop of San Bernardino Under Negotiation: x Price x Terms of Payment 4) Property: APN 625-031-016 74-460 Goleta Avenue, Palm Desert, CA Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/ City of Palm Desert Property Owner: Slobodan and Snezana Bosnich 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 Benson and carried by a 4-0-1 vote, with Councilman Crites ABSTAINING. 5) Property: APN 626-140-043 (Portion of the NEC of Country Club Drive and Tamarisk Row Drive) Negotiating Parties: Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert Property Owner: ABD Palm Desert, LLC (American Beauty Development) Under Negotiation: x Price x Terms of Payment 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 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 c) Betty L. Szymanski v. City of Palm Desert, United States District Court - Central District of California d) City of Palm Springs v. All Persons Interested, Riverside County Superior Court Case No. INC 051124 Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSTAINING. e) Silver Spur Reserve v. City of Palm Desert, Riverside County Superior Court Case No. INC 80790 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Crites ABSTAINING. Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager With Council concurrence, Mayor Ferguson adjourned the meeting to Closed Session at 6:28 p.m. He reconvened the meeting at 7:04 p.m. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 3. Report and Action on Items from Closed Session at This Meeting. At the 7:00 p.m. session, Mr. Erwin announced that during Closed Session, the City Council unanimously approved a Special Legal Services Agreement with the firm of Littler Mendelson and authorized the City Manager to execute same. C. CITY CLERK 1. Reminder to Adjourn this Meeting to Thursday, October 4, 2001, at 4:00 p.m. for a Joint Meeting of the City Council and General Plan Advisory Committee. Ms. Klassen stated it was her understanding that three Councilmembers would be attending the next General Plan Advisory Committee meeting on October 4, 2001, and she suggested that the Council adjourn this meeting to that time since it would constitute a quorum of the City Council. Mayor Ferguson stated it was never his intent to have a quorum at that meeting. He said it was his intent to address the Committee on the purpose for their appointment and leave. Mr. Erwin stated that this would constitute a quorum. Mayor Pro-Tem Kelly stated that he would not go to the meeting until after Mayor Ferguson addresses the Committee, so there would be no quorum. With Council concurrence, this action was not necessary. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Possible Citizen Opinion Survey on the General Plan (Mayor Pro-Tempore Richard S. Kelly). Mayor Pro-Tem Kelly proposed that a Citizen Survey be conducted to ask what the citizens like and dislike. Councilmember Benson stated that a survey was not in the scope of work for this committee. She said she was not in favor of mail surveys; however, she suggested in lieu of a mail 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 survey that a joint meeting be held with the City Planning Commission, General Plan Advisory Committee, and the City Council, and that it be an open meeting for the community to attend if they would like to do so. They could be told what the City has done so far, and they could give their opinions on the land use, which is the next phase coming up. She said she had not heard any criticisms so far about what has been done. She added that a public hearing would be held, and citizens could give their input at that time. Mayor Pro-Tem Kelly said he was speaking about doing a telephone survey. Councilman Crites stated that the members appointed to this committee were chosen very carefully to represent different segments of the community. He said he felt they should be allowed to do what they were appointed to do. He added that he felt there was no need for a telephone survey. Mayor Ferguson stated that at one point, discussion was held that the two most senior Councilmembers (Councilmembers Benson and Kelly) and let them reflect on their years of service and what has made this city so successful, and work with a cross-section of the community to memorialize those thoughts in a document denominated as a General Plan. He said if Mayor Pro-Tem Kelly felt a telephone survey would help him do his job, he would suggest that it be presented to the members of the Committee to see whether or not they concur. With Council concurrence, the Council liaisons to the General Plan Advisory Committee were directed to ask that body for its recommendation on this issue. 2. Consideration of Signage Placement on the Northwest Corner of Fred Waring Drive and Washington Street (Councilman Buford A. Crites). Councilman Crites stated that he felt the Art In Public Places Commission should look at this issue. Councilmember Benson stated that body was in the process of identifying major corners throughout the City, and this would be discussed at its next meeting. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 With Council concurrence, staff was directed to include this location for the program being developed. 3. Consideration of City Signage at the Corner of Dinah Shore Drive and Monterey Avenue (Councilman Buford A. Crites). Councilman Crites stated that this was similar to the above item. With Council concurrence, staff was directed to also consider this site with the program being developed. 4. Consideration of Historical Preservation of the Remains of the Homestead Structure Located on the East Side of Monterey Avenue Across from Home Depot (Councilman Buford A. Crites). With Council concurrence, staff was directed to ask the Historical Society of Palm Desert to participate in finding a suitable location for memorializing Palm Desert's historical homestead sites. 5. Review of School District Issues for Palm Desert City Limits (Councilman Robert A. Spiegel). Councilman Spiegel stated that he had been informed by staff that the law has changed, and cities now can call up possible changes in school district areas. He suggested investigating the potential for getting all of Palm Desert's territory into one school district, noting that the entire area north of Frank Sinatra was in the Palm Springs School District. With Council concurrence, staff was asked to investigate the potential for getting all of Palm Desert's territory into one school district. 6. Consideration of Access Road on North Side of Palm Desert High School (Councilman Robert A. Spiegel). Councilman Spiegel stated that he had received a letter and provided copies to the Council wherein the City Attorney states that from his viewpoint, the road on the north side of the High School, between the football and baseball fields, could go through to Cook Street without too many problems. He asked that staff be directed to look into this. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 27, 2001 With Council concurrence, staff was asked to pursue further review of the potential — access road. o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites) Councilman Crites said a report would be forthcoming to all the cities that would address the issue of utility formation. 2. Presentation of Advertisement from September 2001 Western Cities Magazine (Mayor Jim Ferguson). Mayor Ferguson noted the advertisement in this magazine. XIII. ORAL COMMUNICATIONS None XIV. ADJOURNMENT Upon motion by Spiegel, second by Crites, and a 5-0 vote of the City Council, Mayor Ferguson adjourned the meeting to Closed Session at 8:47 p.m. Mayor Pro-Tempore Kelly reconvened the meeting at 9:45 p.m. and immediately adjourned with no further action announced from Closed Session. -SHEILA "' G L =A ,ti ITY CLERK CITY OF PALM DE CALIFORNIA 33