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HomeMy WebLinkAbout2002-01-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 24, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4:02 p.m. II. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Jim Ferguson Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Richard J. Folkers, ACM for Community Services Justin McCarthy, ACM for Redevelopment Homer Croy, Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer 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 THE CITY COUNCIL BY REPRESENTATIVES OF THE ARTHRITIS FOUNDATION - COACHELLA VALLEY BRANCH. MS. MARTI MYERS, Executive Director of the Arthritis Foundation's Coachella Valley Branch, and Director of Development Sherry Binger addressed Councilmembers, regarding their organization and programs offered, facts on arthritis, and its impact on Coachella Valley residents, with Palm Desert being home to an estimated 8,000+ residents with the disease. It was hoped their request for CDBG funding (Consent Calendar Item L on this Agenda) would receive favorable consideration. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 10, 2002. This item was continued to the meeting of February 14, 2002. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 56, 57, 58, 59, 60, and 60PD Office Complex Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#467) by Rutilio G. Perez in the Amount of $700.00. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. RESOLUTION NO. 02-4 - 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 (September 2001). Rec: Waive further reading and adopt. E. MINUTES of City Committee and Commission Meetings. 1. Library Promotion Committee Meeting of November 14, 2001. 2. Public Safety Commission Meeting of December 12, 2001. 3. Technology Committee Meeting of December 4, 2001. Rec: Receive and file. F. REQUEST FOR RATIFICATION of City Manager's Decision to Change City Hall Door Handles. Rec: By Minute Motion, ratify the City Manager's decision to replace all round doorknobs with handles, per ADA (Americans With Disabilities Act) requirements. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 G-1. REQUEST FOR APPROVAL of Southern California Edison (SCE) Work Order for Fred Waring Undergrounding Project (CRE File No. REL0150800, JO No. 2245) (Contract No. C19760). Rec: By Minute Motion: 1) Approve the subject SCE Work Order for the engineering for relocation of communication lines in the amount of $5,000 and authorize the Mayor to execute same; 2) authorize the Director of Finance to appropriate $5,000 from Unobligated Fund 400 Reserves. G-2. REQUEST FOR APPROVAL of Southern California Edison Engineering for Silver Spur Undergrounding Assessment District No. 01-01 (Work Order Nos. 6379-7156, 1-7108; 6779-7169, 1-7109) (Contract No. C19770). Rec: By Minute Motion: 1) Approve the subject work orders for the engineering design services for the Silver Spur Ranch Neighborhood Undergrounding Assessment District in the total amount of $9,000; 2) authorize the Director of Finance to appropriate $9,000 into Account No. 400-4256-464-4001 from Unallocated Fund 400 Reserves. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 2002 Tree Pruning and Removal Program (Contract No. C19780, Project No. 587-02). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. I. REQUEST FOR APPROVAL of Proposal/Contract for Removal and Replacement of Carpet for Suite 100 of the Parkview Office Complex (Contract No. C19790). Rec: By Minute Motion, approve the subject proposal/contract between the City and Prestige Carpets, Cathedral City, California, in the amount of $20,264.15 and authorize the Mayor to execute same, for removal and replacement of carpet in Suite 555-100 of the Parkview Office Complex, occupied by the State of California Water Resources Control Board. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 J-1. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16780-A — Design/Build Services for Desert Willow Bus Shelter. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $4,243 to the subject contract with Allen Root/Ferromobius, San Luis Obispo, California, authorize the Mayor to execute same, and authorize the transfer of said funds from contingency to base for the addition of solar power to the subject project. J-2. REQUEST FOR APPROVAL of Change Order Nos. 1 and 2 to Contract No. C19400 — Interior Remodel of the Building & Safety Department Offices. Removed for separate consideration under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C17740 — Traffic Signal Installation at Three Locations in the City of Palm Desert (Project No. 563-99) (DBX, Inc., Temecula, 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 (Larkspur Lane/EI Paseo; Portola Avenue/Hovley Lane West; Portola Avenue/Shadow Mountain Drive. L. REQUEST FOR APPROVAL of Community Development Block Grant (CDBG) Applications FY 2002/03. Removed for separate consideration under Section V, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M. REQUEST FOR APPROVAL of the Disbursement of Art In Public Places Funds for Project Located at 73-950 Alessandro Drive (Dr. Craig Rosenblum, Applicant). Rec: By Minute Motion, concur with the recommendation of the Art In Public Places (AIPP) Commission and approve reimbursement of $3,682.74 in compliance fees for the placement of artwork. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 N. REQUEST FOR APPROVAL of the Extension of the Public Art Intern — Program. Rec: By Minute Motion, approve a five -month extension of the Public Art Intern Program, through June 30, 2002. O. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Report on Community Energy Efficiency Program Ms. Klassen asked that Item A be continued to the meeting of February 14, 2002, as the Minutes were not yet completed. Councilman Spiegel asked that Item L be removed for separate consideration under Section V of the Agenda, and Mayor Kelly removed Item J-2 for separate consideration. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by a 5-0 vote of the Council, with Item A continued to the meeting of February 14, 2002. V. CONSENT ITEMS HELD OVER J-2. REQUEST FOR APPROVAL of Change Order Nos. 1 and 2 to Contract No. C19400 — Interior Remodel of the Building & Safety Department Offices. Mayor Kelly stated that he did not pull this item because he had a problem with it but to suggest consideration of renovations to the Human Resources Department as well as the Building & Safety Department Offices. He said he felt the Human Resources Department was too open and needed to have more privacy. Mayor Kelly moved to, by Minute Motion, approve Change Order No. 1 in the amount of $1,950 and Change Order No. 2 in the amount of $1,025 to the subject contract with Doug Wall Construction, Inc., Bermuda Dunes, California, and authorize the Mayor to execute same, with staff additionally directed to explore how the Human Resources Department could be renovated to provide more privacy. Motion was seconded by Spiegel and carried by a 5-0 vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 L. REQUEST FOR APPROVAL of Community Development Block Grant (CDBG) Applications FY 2002/03. Councilman Spiegel stated that he had asked for this item to be pulled specifically to let the Arthritis Foundation know that it had been recommended for $15,000 in funding. Councilman Spiegel moved to, by Minute Motion: 1) Approve the funding recommendations made by the Outside Agency Funding Committee, as outlined in the accompanying staff report, and award FY 2002/03 CDBG funds totaling $260,000; 2) authorize the Mayor to enter into subrecipient agreements with designated organizations; 3) authorize and direct staff to proceed with the process to become a Direct Entitlement City for the CDBG Program. Motion was seconded by Ferguson and carried by a 5-0 vote of the Council. VI. RESOLUTIONS A. RESOLUTION NO. 02-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A POLICY THAT PRIVATE DEVELOPERS OR HOMEOWNERS ASSOCIATIONS ENTER INTO AN AGREEMENT TO SHARE IN THE ENGINEERING, CONSTRUCTION, MAINTENANCE, AND ENERGY COSTS FOR TRAFFIC SIGNALS INSTALLED AT PRIVATE ENTRIES. Mr. Ortega noted the staff report in the packets and stated that Mr. Folkers was available to answer any questions. Mr. Erwin asked that Council consider amending the Resolution to include the phrase, "providing access to public streets," to each of the following: 1) Inserted after the words "private entries" in the second "Whereas" paragraph; 2) at the end of the "Now, Therefore," paragraph. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-5, amended to include the phrase, "providing access to public streets," to each of the following: 1) Inserted after the words "private entries" in the second "Whereas" paragraph; 2) at the end of the "Now, Therefore," paragraph. Motion was seconded by Benson and carried by a 2-0 vote. VII. ORDINANCES For Introduction: None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 For Adoption: A. ORDINANCE NO. 993 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND DELETING PORTIONS OF CHAPTER 5.87 (MASSAGE ESTABLISHMENT AND MASSAGISTS) (AMENDING ORDINANCE NO. 870) AND ADDING CHAPTER 5.90 (MASSAGISTS) TO THE PALM DESERT MUNICIPAL CODE, REGARDING ISSUING PERMITS FOR MASSAGISTS. Councilman Crites moved to waive further reading and adopt Ordinance No. 993. Motion was seconded by Spiegel and carried by a 5-0 vote. B. ORDINANCE NO. 1009 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.12 AND ADDING CHAPTER 3.14 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO CLAIMS AND DEMANDS FOR MONEY OR DAMAGES. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1009. Motion was seconded by Spiegel and carried by a 5-0 vote. VIII. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE PAYMENT BY THE AGENCY FOR ALL OR PART OF THE VALUE OF THE LAND FOR THE COST OF THE INSTALLATION AND CONSTRUCTION OF VARIOUS IMPROVEMENTS (FRED WARING WIDENING, MONTEREY WIDENING, PRESIDENT'S PLAZA, AND CAHUILLA HILLS PARK) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega reviewed the staff report and offered to answer any questions. Councilman/Member Ferguson questioned the lack of a dollar amount in the staff report for the value of the land that is being paid for. Mr. Yrigoyen responded that this was making a finding that those funds were not available by the City and, therefore, the Agency has already paid for it. He said the City was not being asked to pay anything for the properties. Upon further question by Councilman/Member Ferguson, Mr. Yrigoyen stated that he could provide information to the Council/Agency Board later with regard to how much was paid for the properties. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 Councilman/Member Ferguson moved to waive further reading and adopt: 1) City Council Resolution No. 02-3, approving payment by the Palm Desert Redevelopment Agency for all or a part of the value of the land for and the cost of the installation and construction of various improvements; 2) Redevelopment Agency Resolution No. 431, approving payment by the Agency for all or a part of the value of the land for and the cost of the installation and construction of various public improvements. Motion was seconded by Spiegel and carried by a 5-0 vote. B. CONSIDERATION OF AN APPEAL TO AN ARCHITECTURAL REVIEW COMMISSION DECISION, DENYING THREE SIGNS FOR THE NORWALK FURNITURE STORE BUILDING LOCATED AT 73-495 HIGHWAY 111 Case No. SA 01-149 (Calendar Girls Signs for Norwalk Furniture, Applicant). Mr. Ortega noted the staff report in the packets. Councilman Spiegel asked if he understood correctly that this would be taken back to Architectural Review Commission for its approval. Associate Planner Martin Alvarez responded that Architectural Review Commission had considered this on January 22, 2002. The Commission felt the design was not conducive to the unique design of the building and wanted more unique design elements included in the sign. He added that the Commission reaffirmed its denial. He noted that color photos had been included in the packets and were also on display in the Council Chamber. Upon question by Councilman Ferguson, Mr. Alvarez responded that there had been no discussion about the color. He said two of the three signs would be non -illuminated, and the red logo on the west elevation sign would be halo -lit. Upon question by Councilman Spiegel with regard to what the Architectural Review Commission would like to see, Mr. Alvarez showed several sketches of proposed designs. Mayor Kelly questioned the proposed use of the words "The Furniture Idea" underneath the name of the business and said it was his understanding the City had in the past not allowed similar wording because it was considered promotional. Mr. Alvarez responded that there is provision in the ordinance which does not allow for slogans or mottos. He noted that this particular sign had not 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 been a problem with Architectural Review Commission or anyone else up to this point in time, including staff, because the entire sign was the corporate logo. MS. JUNE WACHS of Calendar Girls Signs urged the Council to keep the signage the way it is proposed. She noted she always tries her best to make the buildings look as beautiful as possible and also help the applicant(s) to be successful in business. Councilman Ferguson stated it had taken a lot of work to make this a beautiful building in the center of Palm Desert, and he did not feel it was appropriate to just slap a corporate logo on it. Councilman Crites noted there were a number of options given to the applicant by the Commission. He noted that the City's Sign Ordinance specifically stated that signage in Palm Desert is for identification and not advertising. He said this was the most prominent corner in the City, and the sign is going to be large. He said he doubted people would have difficulty finding it even if one of the other options suggested by the Architectural Review Commission were used. Upon question by Mayor Kelly, Mr. Alvarez responded that the signs were within the maximum allowable per the Sign Ordinance. He added that staff's recommendation was that Council approve the revised signs as presented. Mayor Pro-Tem Benson moved to, by Minute Motion, approve three signs for the Norwalk Furniture Building, as presented. Motion was seconded by Spiegel and carried by a 3-2 vote, with Councilmen Crites and Ferguson voting NO. Councilman Ferguson stated that his concern was not with the size or wording; however, he had a big problem with the red color since he felt the building was already very identifiable. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. C. CONSIDERATION OF ASSIGNMENT AND ASSUMPTION BY P.R. XIV, LLC, OF THE DEVELOPMENT OBLIGATIONS UNDER THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COOK HOVLEY ASSOCIATES, AND RELEASE OF LIEN FOR PARCEL NO. 1. Mr. Erwin stated this was an item previously approved by Council last March for the adjacent parcel. He said this was the same company, and this was the assignment and their assumption of the responsibilities under a development agreement, previously known as the Cook Hovley Development Agreement. He added that there was also a release of lien as part of this request, and Finance Director Paul Gibson had confirmed to him that the dollars inserted in this release were correct. He asked Council's consideration of approval. Councilman Spiegel moved to, by Minute Motion, approve the subject Assignment and Assumption of the agreement dated July 10, 1989, and release of lien upon payment. Motion was seconded by Ferguson and carried by a 5-0 vote. IX. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE PURCHASE AND INSTALLATION OF 1,275 LINEAL FEET OF GUARD RAIL ALONG THE PALM VALLEY STORM CHANNEL ADJACENT TO HOMME/ADAMS PARK AND DISCUSSION ON WIDTH OF STREET (Continued from the meeting of January 10, 2002). Mr. Ortega stated that at a previous meeting, the Council had asked staff to come back with a report relative to some standard street widths. He noted the staff report in the packets and offered to answer any questions. Mr. Jeff Winklepleck reviewed the staff report and options, noting that with regard to Option #3, woodcrete rail fencing, there was some concern that it would not withstand the impact of an automobile. If that was one Council liked, staff would request authorization to go back and obtain confirmation that it meets certain standards as far as Caltrans and structural integrity. Councilman Ferguson stated that the name "woodcrete" and the way it appeared in the photo made it Zook as if it would be a wooden fence; however, per the technical specifications from the manufacturer, he said it was his understanding that it is designed to withstand the impact of a car. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 Mr. Winklepleck noted that the official specifications had not yet been received, so that information had not yet been determined. MS. DORI CREE, 47-400 Southcliff Road, Palm Desert, thanked staff for taking time to meet with her relative to the width of the road and other problems. She noted that the staff report recommended a 28-foot width, which she felt would be much better than what is currently there. She said she approved of everything recommended by staff, with the exception of the polymer binder for the road surface. She said while she felt this material would work great for the roadway going north from Thrush Bridge, the roadway going south from Thrush Bridge was a heavily traveled road, and there would be the same problem in several months with a washboard road, although it would control the dust. Councilman Crites said he felt staff should be given authority to proceed with a second choice of fencing in the event the first choice does not work out. Councilman Spiegel moved to, by Minute Motion, approve the rail fencing proposal utilizing the woodcrete product, subject to receipt of certain structural certifications, but if unavailable, authorize staff to proceed with the second choice of steel post and cable treatment for the railing. Motion was seconded by Benson and carried by a 5-0 vote. Mr. Winklepleck stated that he had done quite a lot of research on the polymer material. He noted it was used on many projects, including by the military and by mining companies on roads where there is a lot of equipment. He said according to the manufacturer, minor maintenance was required every year or so depending on use of the road. He noted that it does provide a smooth riding surface and keeps the dust level down. Councilman Crites noted the recommendation in the staff report to add another six feet of hardened acrylic to the 28-foot roadway on the other side of the palm logs for a pedestrian path. He said he felt the entire park was a place for people to walk rather than limiting them to a pedestrian path. He suggested that the pedestrian path be eliminated at this time. Councilman Ferguson moved to, by Minute Motion, approve the 28-foot roadway without the six-foot wide hardened pedestrian path, reiterating approval for the acrylic binder as road treatment. Motion was seconded by Benson and carried by a 4-1 vote, with Mayor Kelly voting NO. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 B. ORDINANCE NO. 1008 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88 OF THE PALM DESERT MUNICIPAL CODE, REGARDING ADULT ENTERTAINERS (Continued from the meeting ofJanuary 10, 2002). Mr. Ortega noted that this had been continued from the last meeting because Council wanted a definition of "adult entertainer." He stated that he City Attorney had included some definitions in the ordinance. Councilman Crites moved to waive further reading and adopt Ordinance No. 1008. Motion was seconded by Spiegel and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR THE CORPORATION YARD EXPANSION (CONTRACT NO. C19700, PROJECT NO. 715-00) (Continued from the meeting of January 10, 2002). Mr. Ortega stated that staff's recommendation was to continue this matter indefinitely. Councilman Spiegel moved to, by Minute Motion, continue this matter indefinitely. Motion was seconded by Ferguson and carried by a 5-0 vote. X. OLD BUSINESS A. CONSIDERATION OF PALM DESERT HIGH SCHOOL ACCESS ON COOK STREET. Mr. Ortega noted the staff report in the packets and offered to answer any questions. Councilman Spiegel asked whether the project could be done in summer of 2002 rather than in summer of 2003. Councilman Crites asked whether the utility relocation indicated in the staff report would have to be done whether or not this project goes forward. Special Projects Administrator Pat Conlon responded that Southern California Edison had a Rule 20A undergrounding program for Cook Street, which runs from Palm Desert High School all the way to Avenue 42. Staff had originally anticipated being under construction in summer of 2002 for the Cook Street undergrounding; however, in light of recent developments, 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 Edison had seen a delay in its Rule 20A programs, and they had been — pushed back a year. Mr. Mark Greenwood added that the $600,000 Edison relocation would happen whether this project goes forward or not, and the $50,000 CVWD relocation would happen only if this project is done. Councilman Crites asked if the City would get its $600,000 back if it did the relocation ahead of Edison. Mr. Conlon responded that it would basically not use that Rule 20A allocation for this project. Councilman Ferguson noted a statement in the staff report that "Staff suggests that the need for an access is a situation that the City and DSUSD share equally, therefore costs should be shared equally." He asked if this meant the total cost would be split with Desert Sands. Mr. Greenwood responded that this was a $1.2 million project, and the City and District would each pay $600,000. He added that this was only staff's position of how the costs should be split. Councilman Spiegel moved to, by Minute Motion, direct staff to negotiate project scope, financial plan, and schedule with Desert Sands Unified School District. Motion was seconded by Ferguson and carried by a 4-1 vote, with Mayor Kelly voting NO because he felt it should be delayed until the undergrounding is done. XI. PUBLIC HEARINGS None XII. REPORTS AND REMARKS A. CITY MANAGER 1. Reoort on the Controlled Burn of Goleta Avenue Properties by Fire Department. Mr. Ortega noted the report in the packets relative to this controlled burn. Mayor Kelly expressed concern with the house that is 35 feet away from the planned burn, and he said he would be comfortable voting in favor if someone from the City personally visits that particular residence to explain what will be done. He added that although flyers 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 were left with all residents, and a public hearing was held, he wanted to make sure the residents of the home 35 feet away had not missed the notifications. FIRE CAPTAIN/SENIOR FIRE CONTROL III INSTRUCTOR TONY MECHAM indicated that his department had met with residents at 74-460 Goleta, the property in question. In addition, they had gone door to door to all homes on Goleta within approximately 600 feet and had spoken with the residents. He noted only one negative comment was received, and when his staff explained the reasons for the controlled burn, that person no longer objected. Councilman Crites moved to, by Minute Motion, approve the proposal as presented. Motion was seconded by Spiegel and carried by a 5-0 vote. Councilman Crites moved to add the following items (#2, #3, #4, and #5) to the Agenda for consideration. Motion was seconded by Ferguson and carried by a 5-0 vote. 2. Consideration of Travel Request by Councilman Crites - Australian Tour of Solid Waste and Energy Recycling Facility. Mr. Ortega noted the report in the packets. Councilman Ferguson stated he would be abstaining from voting on this matter, as his firm represents Bright Star and Waste Management. Mayor Pro-Tem Benson moved to, by Minute Motion, approve the subject request for a trip to Wollongong and Brisbane, Australia, in an amount up to $1,100, with matching funds provided by CVAG, in order to look at the Bright Star solid waste and energy recycling facility. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING. 3. Reauest for Approval of City of Palm Desert's Participation in the California Energy Coalition (CEC) Regional Energy Efficiency Initiative Program (REED. Councilman Crites moved to, by Minute Motion, approve the City of Palm Desert's participation in this program and authorize the City Manager to attend the Aspen Accord Conference, March 1-3, 2002. Motion was seconded by Benson and carried by a 5-0 vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 4. Consideration of Landscape Plant Material Associated with the Fred Waring Drive Widening Project. MR. GEORGE SICRE of HSA made a presentation regarding the proposed landscaping on the north side of Fred Waring Drive. Mayor Pro-Tem Benson moved to, by Minute Motion, approve the landscape plant material plan as presented during the meeting. Motion was seconded by Crites and carried by a 4-1 vote, with Councilman Spiegel voting NO. 5. Regort by Councilman Spiegel on the Goleta Avenue Cul-De-Sac Issue Associated with the Fred Waring Drive Widening Project. Councilman Spiegel stated that staff and residents of Goleta requested that the City cul-de-sac Goleta at Portola and then, approximately four doors in, make an entrance from Fred Waring to Goleta that would run down to Deep Canyon. He said another problem was that it must be a right -turn in/right-turn out only because anything more than that would cause problems due to the traffic signal just to the west on Portola. He said if it became a cut -through, the residents would probably want to cul-de-sac Deep Canyon; if that happens, there would need to be another way to get on and off Goleta from Fred Waring. He noted there was currently a vacant lot at approximately 74-366 Goleta, and the recommendation was that the Redevelopment Agency purchase that lot in the event it becomes necessary to provide another way onto Goleta from Fred Waring. He said he also felt it was important to make sure the property affected by the present access point (74-065 Goleta) has the proper plantings so that the people who drive onto Goleta from Fred Waring are not looking directly into the home. Councilman Spiegel moved to, by Minute Motion, approve: 1) Purchase of identified property west of Deep Canyon Road (APN 625-031-010) in order to construct a second access to Goleta; 2) make the ingress and egress on the present access to Goleta from Fred Waring Drive right -turn only, but if sufficient area exists for installing a right -turn lane on Fred Waring Drive, construct same; 3) ensure appropriate plantings are made in front of the property affected by the present access point (74-065 Goleta Avenue) to mitigate issues associated with vehicular traffic headlights and privacy. Motion was seconded by Ferguson and carried by a 5-0 vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 B. CITY ATTORNEY 1) Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73-710/720 Fred Waring Drive, Palm Desert, CA Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: State of California, Water Resources Control Board 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) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 025112 c) Betty L. Szymanski v. City of Palm Desert, United States District Court - Central District of California Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: Carlos L. Ortega/City of Palm Desert Palm Desert Employees Organization 2) Reaort and Action on Items from Closed Session at This Meeting. None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 C. CITY CLERK 1. Reminder to Adjourn This Meeting to Wednesday, January 30, 2002, at 9:00 a.m. for a City Council Study Session to Conduct Committee/Commission Applicant Interviews. Ms. Klassen reminded the Council to adjourn this meeting to 9:00 a.m. on Wednesday, January 30, 2002, to conduct interviews for Committee/Commission applicants. With Council concurrence, staff was asked to provide Council with a list of those applicants selected by Mayor and Mayor Pro-Tem. 2. Reminder of February 8, 2002, Tour of Housing Authority Properties. Ms. Klassen reminded Council of the tour of Housing Authority properties scheduled for February 8, 2002. Councilman Spiegel stated that Mayor Pro-Tem Benson would not be able to attend the tour on February 8`h, and he asked that it be rescheduled. Councilmen Crites and Ferguson noted that they would not be able to attend on that date either. With Council concurrence, staff was directed to reschedule this tour for another date. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Request for Donation by the Harvest of Wellness (H.O.W.) Foundation (Mayor Richard S. Kelly). Mayor Kelly noted this letter had come to h im in the mail, and he suggested the matter be referred to the Outside Agency Funding Committee. Councilman Ferguson moved to, by Minute Motion, refer this request to the Outside Agency Funding Committee. Motion was seconded by Crites and carried by a 5-0 vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 2. Consideration of Committee/Commission Assignments for 2002 (Mayor Richard S. Kelly). Councilman Ferguson stated he had reviewed the list and noted at least eight corrections to be made, some based on the rotation of the Mayor and Mayor Pro-Tem positions. He asked that staff bring the existing list up to date, enlisting the help of Councilmembers in order to do so. Councilman Ferguson moved to, by Minute Motion, continue this item to the next meeting, with staff asked to bring the existing list up to date, enlisting the help of Councilmembers in order to do so. Motion was seconded by Spiegel and carried by a 5-0 vote. 3. Reauest for Review of Agenda Order (Councilman Jim Ferguson). Councilman Ferguson noted that the City has several separate political entities, including the Financing Authority, Parking Authority, Housing Authority, Redevelopment Agency, and City Council. He said he understood when there was a separate Executive Director and a City Manager the need to have two Agenda packets and to trade off who went first each meeting. He suggested a redesign of the meeting agendas so they do not need to be switched around each time. Ms. Klassen asked the City Attorney if there is a need for separate agendas for these different entities. Mr. Erwin responded that there is technically no need as long as they agenda shows the separate items and as long as the items are being acted upon as the City Council, Redevelopment Agency, Housing Authority, Financing Authority, or Parking Authority. Councilman Ferguson stated he was not suggesting abandoning the different colored agendas. He said he just felt there was no need to shuffle the order of which entity goes first at each meeting. Mayor Kelly agreed and said he felt the meetings should always start with the City Council business. He suggested that 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 the Council assign him the task of working with the City Clerk's Office to redesign the Agenda. With Council concurrence, Mayor Kelly was assigned the task of working with the City Clerk's Office to redesign the meeting agenda, suggesting that the City Council business always be taken first. Councilman Spiegel moved to add the following item to the Agenda for consideration. Motion was seconded by Ferguson and carried by a 5-0 vote. 4. Consideration of Request for Funding of the McCallum Theatre's "Open Call 2002" Program (Councilman Robert A. Spiegel). Councilman Spiegel stated he had received a letter from the McCallum Theatre requesting a $20,000 contribution from the City of Palm Desert for its "Open Call 2002," the Theatre's community outreach program. Councilman Spiegel moved to, by Minute Motion, approve the request for funding in the amount of $20,000. Motion was seconded by Ferguson and carried by a 5-0 vote. o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilman Crites reported that Phase 2 of the municipalization study continued; it was scheduled to be done by the end of March, followed by a comprehensive report. Further, on February 1, he said there would be a review of proposals jointly requested by CVAG and the County for a possible transfer station at Edom Hill to handle the Valley's waste after 2004. He said recommendations would be made to the County, and he would report on them to the Council, including proposed fee structures. 2. Mayor Pro-Tem Benson congratulated Community Arts Manager Carolyn Miller for an outstanding art exhibit on El Paseo and the reception last week to unveil it, where Artist Peter Voulkos was most gracious and entertaining. Further, she noted that after its run on El Paseo, the subject exhibit would be seen in New York, then in Rome. She felt it was 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 really due to Ms. Miller's efforts that such an exclusive event was first hosted by the City of Palm Desert. Mayor Pro-Tem Benson went on to express her appreciation for Ms. Miller's work at the City, tomorrow being her last day here. Councilman Ferguson echoed Mayor Pro-Tem Benson's comments, further expressing his appreciation for Ms. Miller's enthusiasm and approach to public art. He had learned a great deal from her and was most thankful for the emphasis she'd brought to the program in Palm Desert. Mayor Kelly agreed wholeheartedly. 3. Mayor Pro-Tem Benson reported from the American Cancer Society that the "Relay For Life" Walk-A-Thon, hosted in the Palm Desert Civic Center Park in November, raised over $305,000, a 46% increase over 2000. The winning team was from the City of Rancho Mirage, which raised $16,101, and she hoped Palm Desert could rival that total in this year's event, November 2-3, at Cathedral City High School. She noted that of the 118 relays throughout California, Palm Desert's ranked fifth. City staff was commended for a magnificent job for its cooperation and accommodation during the entire process, in addition to the weekend of the event. XIII. ORAL COMMUNICATIONS None 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 24, 2002 XIV. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting to Closed Session at 5:53 p.m. Motion was seconded by Crites and carried by a 5-0 vote. Mayor Kelly reconvened the meeting at 6:43 p.m., with no action announced from Closed Session, and immediately adjourned to 9:00 a.m. on Wednesday, January 30, 2002, for a Joint Meeting of the City Council and Redevelopment Agency to conduct Committee/Commission applicant interviews. ATTEST: RAC ELLE D. KLASSEN, DEPUTY CITY CL'RK CITY OF PALM DESERT, CALIFORNIA i RICHARD S. KELLY, MJYOR 21