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HomeMy WebLinkAbout2004-02-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 12, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:01 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney (present from 3:00 p.m. to 4:42 p.m.) Robert W. Hargreaves, Deputy City Attorney (arrived at 4:42 p.m.) Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Mark Greenwood, City Engineer Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works Robert P. Kohn, Director of Special Programs III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Public Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED AT LEAST 72 HOURS PRIOR TO THE MEETING. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 624-160-004 Negotiating Parties: Agency: Carlos L. Ortega/Philip Drell/City of Palm Desert Property Owner: Phil Cordova Under Negotiation: x Price x Terms With Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:08 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: None VI. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B None 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE JANA KOROCZYNSKY FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION. On behalf of the City Council, Mayor Spiegel presented an engraved crystal clock, thanking Ms. Koroczynsky for her time serving the City's Art In Public Places Commission. B. PRESENTATION TO RECOGNIZE KEN CARR FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS PUBLIC SAFETY COMMISSION. On behalf of the City Council, Mayor Spiegel presented an engraved crystal clock, in appreciation for Mr. Carr's time on the Public Safety Commission. C. PRESENTATION TO RECOGNIZE JAMES CARTER ELEMENTARY SCHOOL THIRD GRADER RACHEL KETTLER FOR HER ENTRY CHOSEN AS A FINALIST IN THE 10T" ANNUAL STORY -WRITING CONTEST PUT ON BY THE CALIFORNIA FOUNDATION FOR AGRICULTURE IN THE CLASSROOM. On behalf of the City Council, Mayor Spiegel presented a framed certificate of recognition and also a gift card for Westfield Shoppingtown Palm Desert to Miss Kettler. In turn, she provided a copy of her story to the Mayor, which he said he would copy for his colleagues. D. ACCEPTANCE OF RESIGNATION AND APPOINTMENT OF REPLACEMENT MEMBER FOR THE MARKETING COMMITTEE. Councilman Ferguson moved to, by Minute Motion: 1) Accept the resignation of Karen Wagner with sincere regret and direct staff to prepare a letter for the Mayor's signature indicating same; 2) appoint Norine A. Bowen, General Manager of Westfield Shoppingtown Palm Desert, to fill the vacancy created by the resignation of Ms. Wagner. Motion was seconded by Kelly and carried by a 5-0 vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 E. REAPPOINTMENTS TO ESTABLISHED CITY COMMITTEES AND COMMISSIONS. Mayor Pro Tem Crites moved to, by Minute Motion, reappoint the following members to the respective positions on City Committees and Commissions, each for a four-yearterm (1/1/04 - 12/31/07) except the Youth Committee, whose terms are for one year (1/1/04 - 12/31/04): 1) Kristi Hanson, Karen Oppenheim, and John Vuksic to the Architectural Review Commission; 2) Norma Bussing and Suzanne Greenberg to the Art In Public Places Commission; 3) Rod Murphy to the Building Board of Appeals & Condemnation; 4) Linda Buxton Ward to the Housing Commission; 5) Bill Veazie to the Investment & Finance Committee; 6) Dan Barnes, Jerry Dawson, and Randy Guyer to the Parks & Recreation Commission; 7) Bill Adams, David Fisher, and Joyce Wade-Maltais (Alternate) to the Rent Review Commission; 8) Donna Jean Darby, William Harris, and Peggy Steen to the Sister Cities Committee; 9) Kayleigh Hyde, Erika McQuillen, and Michelle Stein to the Youth Committee; 10) Sonia Campbell to the Planning Commission. Motion was seconded by Ferguson and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 22, 2004. Rec: Approve as presented. Removed for separate consideration —then approved, as amended to reflect the following clarification for page 15, Item C, action No. 3: "3) direct that the trial period placement of the new magazine in hotel rooms be expanded to include both timeshare properties and a full range of hotel properties in the City of Palm Desert, with staff directed to return with said representative sample and what the costs for obtaining this magazine would be for City Council consideration prior to any commitments being made." 55-00 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 148, 149, 152, and 153. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#5251 by Carol Lynn Schiada in the Amount of $50,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 D. CITY'S/AGENCY'S PORTFOLIO MASTER SUMMARIES for December 2003 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by American Golf Corporation for Monterey Country Club, 41-500 Monterey Avenue, Palm Desert. Rec: Receive and file. E-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by American Golf Corporation for Palm Valley Country Club, 76-200 Country Club Drive, Palm Desert. Rec: Receive and file. E-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Nopphadon Bunchuaylua and Araya Mera for Thai Kitchen 3 & Sushi Bar, 72-355 Highway 111, #A, Palm Desert. Rec: Receive and file. F. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meetings of September 17, October 15, and December 17, 2003. 2. Entrada del Paseo Steering Committee Meeting of November 6, 2003. 3. Housing Commission Meetings of November 12, and December 10, 2003. 4. Investment & Finance Committee Meeting of December 17, 2003. 5. Library Promotion Committee Meeting of November 12, 2003. 6. Public Safety Commission Meeting of December 10, 2003. 7. Sister Cities Committee Meeting of November 20, 2003. Rec: Receive and file. G-1. RESOLUTION NO. 04-6 - 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 Digitally Imaged (March 2003). Rec: Waive further reading and adopt. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 G-2. REQUEST FOR AUTHORIZATION to Destroy Remaining Blank Checks for the Parkview Office Complex Checking Account. Rec: By Minute Motion, authorize staff to destroy the subject checks. H. REQUEST FOR AWARD OF BID for the Purchase of Crafco Poly-Flext Type 4 Crack Sealing Material. Rec: By Minute Motion award the subject bid to Crafco Inc., Chandler, Arizona, in the amount of $27,476.25, including tax and delivery. I. REQUEST FOR APPROVAL of Contract for Accident Records System (Contract No. C20510A). Rec: By Minute Motion, approve the subject contract with Crossroads Software, Inc., Brea, California, in the amount of $35,025 to provide a Collision Database and Analysis System with GIS Mapping Software and Traffic Safety Procedure Guides. J. REQUEST FOR RATIFICATION of the City Manager's Authorization to Complete an Exchange/Purchase of Two Motorcycle Units. Rec: By Minute Motion, concur with the Public Safety Commission's recommendation to ratify the City Manager's authorization of the trade-in and purchase of two motorcycle units for the Palm Desert Police Department Motorcycles Program in the amount of $20,833 through the FY 2003/04 Cal Cops grant funding. K-1. REQUEST FOR APPROVAL of Final Tract Map No. 29468 (Stonebridge Palm Desert, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 04-7, approving the Final Subdivision Map of Tract No. 29468. K-2. REQUEST FOR APPROVAL of Final Tract Map 30438-1 (Destination Development Corporation, Applicant). Rec: Waive further reading and adopt Resolution No. 04-8, approving the Final Tract Map No. 30438-1. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 L. REQUEST FOR APPROVAL of the Fifth Amendment to the Lease Agreement for Palm Desert Community Park at Palm Desert Middle School. Rec: By Minute Motion, authorize the Mayor to execute the Fifth Amendment to the Lease Agreement with Desert Sands Unified School District for the Palm Desert Community Park at Palm Desert Middle School. M-1. CONSIDERATION of Action Taken by Legislative Review Committee on AB1798 (Levine) — Parking Regulations. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its January 27, 2004, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to AB1798 (Levine). M-2. CONSIDERATION of Action Taken by Legislative Review Committee on ABX4 13 (Firebaugh) — Workers Compensation Fraud. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its January 27, 2004, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to ABX4 13 (Firebaugh). M-3. CONSIDERATION of Action Taken by Legislative Review Committee on SBX5 1 (Brulte) — Vehicle License Fee Backfill. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its January 27, 2004, Meeting and direct staff to prepare a letter of support for the Mayor's signature with regard to SBX5 1 (Brulte). N. CONSIDERATION of Request for Sponsorship of the 2004 Palm Desert Games (Senior Olympics). Rec: By Minute Motion, endorse the concept of the Palm Desert Games, a regional event sanctioned by the Senior Olympics Committee and support it financially in an amount of $26,000 to be appropriated from the Unobligated General Fund to Account No. 110-4416-414-3061. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 O. REQUEST FOR APPROVAL of Out -of -State Travel for the "Promoting Youth Participation in Local Government/Roles for Municipal Officials" Conference. Rec: By Minute Motion, approve the subject request for travel by the Community Services Division Senior Management Analyst to attend the Conference in Orlando, Florida, February 28, 2004, in an amount not to exceed $400 — funds are available in Account No. 110-4210-422-3061 and no appropriation is required. P. CONSIDERATION of Request for Approval of the "Great Strides" Walk Sponsored by the Cystic Fibrosis Foundation. Rec: By Minute Motion, approve the request of the Cystic Fibrosis Foundation to hold its "Great Strides" walk/run scheduled to be held on Saturday, March 6, 2004, on El Paseo. Q. REQUEST FOR WAIVER of Reservation and Field Preparation Fees for the Palm Desert Senior Softball League 2004 Season. Rec: By Minute Motion: 1) Approve the waiver of reservation and field preparation fees associated with the Palm Desert Senior Softball League 2004 Season; 2) approve the payment of $3,036 from the General Fund to the Coachella Valley Recreation and Park District for said field preparation services. R. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Report on Pedestrian Countdown Signal 3. Update on Bus Shelters at Cook Street Associates and Villa Portofino Councilmember Benson asked that Item A be removed for separate consideration under Section XI, Consent Items Held Over. Councilman Kelly moved to approve the remainder of the Consent Calendar as presented. Motion was seconded by Ferguson and carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 XI. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of January 22, 2004. Rec: Approve as presented. Councilmember Benson asked for clarification of the motion regarding distribution of a Palm Desert magazine to various hotels, timeshares, etc. for Item C on page 15 of the Minutes. She said during the discussion on that motion, she had mentioned to Mayor Pro Tem Crites making it that the hotels would pay for the magazine, not the City, and he agreed. That was not in the motion, and staff took it that the City would pay for the magazine. Councilman Ferguson said he had also been asked for clarification as to whether or not that meant every single hotel room in the City or whether staff would come back with a recommendation on what they think the appropriate hotels might be. Mayor Pro Tem Crites said the intent of the motion was to provide a representative sample of the full range of hotels. Councilman Ferguson said he would like staff to come back to the Council with regard to the costs for obtaining this magazine. Mrs. Gilligan noted that the Desert Sun was selling advertising space for the Palm Desert Magazine; secondly, staff had done a sampling of small hotels, including Embassy Suites, and those organizations were not willing to pay for it. She said that would be part of the report to Council. Councilman Ferguson moved to approve the Minutes of the City Council meeting of January 22, 2004, as amended to reflect the following clarification for page 15, Item C, action No. 3: "direct that the trial period placement of the new magazine in hotel rooms be expanded to include both timeshare properties and a full range of hotel properties in the City of Palm Desert, with staff directed to return with said representative sample and what the costs for obtaining this magazine would be for City Council consideration prior to any commitments being made." Motion was seconded by Crites and Carried by a 5-0 vote. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: None 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 For Adoption: A. ORDINANCE NO. 1060 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY PREZONING PART OF SECTION 12, T6S R5E, AND SECTION 7, T6S R6E, TO OS/PR (OPEN SPACE/PUBLIC RESERVE) TO FACILITATE THE ANNEXATION OF THE PROPERTY TO THE CITY Case No. C/Z 03-06 (City of Palm Desert, Applicant). Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance No. 1060. Motion was seconded by Ferguson and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR EXTENSION OF TIME TO REIMBURSE THE CITY FOR FEES ASSOCIATED WITH UNDERGROUNDING OF OVERHEAD UTILITY LINES AT 72-650 FRED WARING DRIVE (KATZ/BROZ PARTNERS, APPLICANT). Mayor Pro Tem Crites moved to, by Minute Motion: 1) Approve the request for a six- month extension for Katz/Broz Partners, Palm Desert, California, to reimburse the City of Palm Desert for fees in the amount of $145,243.81 associated with undergrounding of overhead utility lines; 2) authorize an additional five percent (5%) interest charge to Katz/Broz Partners and the extension of the bond that was issued to secure the debt for an additional six months. Motion was seconded by Kelly and carried by a 5-0 vote. B. CONSIDERATION OF POTENTIAL ACTION ON AB1791 (CHAVEZ) — INTERNET TAXATION. Mr. Ortega reviewed the staff report, noting that the Legislative Review Committee had not been able to come to a conclusion with regard to this bill. Councilman Ferguson noted there were two issues that involved California cities regarding the Internet. One was whether municipalities can impose a sales tax on purchases made over the Internet, and that was one entirely separate discussion. This one wants to tax users for simply accessing the Internet, whether the user is a student or the library or City Hall. The Federal and State governments have both passed legislation putting a moratorium on any taxation. This would renew the moratorium in California to keep things the way they are now. He said the discussion was that underground utilities, cable television, and the gas company are all taxed, and the observation was made that all of those things have a physical nexus to the City that take up City right-of-way and create impacts on the City; however, the Internet is usually through the cable modem or telephone line, and both 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 of those entities are already paying franchise taxes. He said he was not in favor of taxing simply access to the Internet. Councilman Kelly said he did not feel Council needed to take action on this item and that there were more important issues. He asked why the Council should take any action at all if this might jeopardize other franchises. He said he would not be in favor of taking any action. Mayor Pro Tem Crites said he did not feel taxing access was a good idea. Mayor Pro Tem Crites moved to, by Minute Motion, approve support for this legislation. Motion was seconded by Ferguson and carried by a 4-1 vote, with Councilman Kelly voting NO. C. REQUEST FOR APPROVAL OF AMENDMENT TO THE FACADE ENHANCEMENT PROGRAM GUIDELINES. Mr. Ortega noted that Council had asked staff to come back with recommendations, and those recommendations were included in the staff report. Councilman Kelly said Council had asked this to be on the Agenda because anything over $35,000 should come to the Council for approval. Councilman Ferguson said he thought the original intent was $25,000 to help mom and pop small businesses to clean up their storefronts, primarily along Highway 111, in a dollar for dollar matching grant program so they could do $50,000 worth of improvements for $25,000. The Mayor then suggested that the amount be raised to $35,000 because $25,000 was not quite enough. He said he thought the City had this nice program for mom and pop businesses, and now he is looking at just the proposed projects, five of them, and only one of them was $35,000. He agreed with Councilman Kelly that anything over the $35,000 be subject to approval by the City Council. Mayor Pro Tem Crites said his original thought was that this would be designed for businesses that did not have the incentive or money to really do this and not to subsidize organizations that could very well afford to do this on their own and were, in essence, getting a City discount on doing something they would do anyway. Councilmember Benson said she felt $35,000 would not go very far considering the age of the buildings in the City. She agreed that anything over the $35,000 be subject to Council approval. Mayor Spiegel expressed concern that there were facade enhancements going on in the City which Council does not know anything about. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 Councilman Ferguson moved to, by Minute Motion, amend the Facade Enhancement Program Guidelines to include a provision whereby Facade Enhancement Grants over $35,000 are subject to approval of the City Council prior to a funding commitment. Motion was seconded by Kelly and carried by a 5-0 vote. Mr. McCarthy noted that staff felt it was operating under parameters that were authorized when the program was last amended. He said he had encouraged Senior Construction Contract Administrator Bryce White to aggressively market the program in order to effectuate some improvements in the community. He said he felt staff could operate within the parameters of the $35,000 and then come back and request Council approval should that threshold be exceeded. D. REQUEST FOR AUTHORIZATION TO PURCHASE CENTRAL IRRIGATION CONTROL SYSTEM FOR THE CIVIC CENTER PARK (PROJECT NO. 720-01). Mayor Pro Tem Crites moved to, by Minute Motion, authorize staff to purchase the subject system from CALSENSE, Carlsbad, California, in the amount of $58,291.60 — funds are available in Account No. 400-4674-454-400. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR AWARD OF CONTRACT FOR DESIGN OF THE PORTOLA AVENUE, COUNTRY CLUB DRIVE, AND COOK STREET STORM DRAIN AND TRAFFIC SIGNAL IMPROVEMENTS (CONTRACT NO. C22300, PROJECT NO. 505-03). Mayor Pro Tem Crites asked if physical equipment for traffic signals could be put in far enough removed from the street so that if the street is widened in the future, it will not be necessary to move everything again. Mr. Errante said this would be considered during the design process and brought back to Council for review. Councilman Kelly moved to, by Minute Motion: 1) Authorize the Finance Department to consolidate the funding for three storm drain projects into one account by decreasing the appropriation for Account No. 232-4385-433-4001 and Account No. 232-4620-433-4001 by $1,055,000 and $1,150,000, respectively, and increasing the amount appropriated for Account No. 232-4375-433-4001 by $2,205,000; 2) award the subject design contract in the amount of $393,945 to Harris & Associates, Irvine, California, and authorize the Mayor to execute same, with additional direction that staff pursue said design while keeping in mind the ultimate build -out at each of the locations, specifically for the traffic signal provision. Motion was seconded by Benson and carried by a 5-0 vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 F. REQUEST FOR AWARD OF CONTRACT FOR THE PROJECT STUDY REPORT AND THE PROJECT REPORT FOR THE MONTEREY AVENUE AND INTERSTATE 10 INTERCHANGE INTERSECTION IMPROVEMENTS (CONTRACT NO. C22310, PROJECT NO. 669-02). Upon question by Mayor Spiegel as to whether the developer was paying for these improvements, Mr. Greenwood responded that it was partially paid by the developer. He said there was a $500,000 contribution required of the WalMart/Gateway project; estimated costs of the improvements were in the $2 million range. Upon question by Councilman Ferguson, he said the improvements were in the northeast quadrant of the interchange, and it was to solve the problem of northbound traffic going west onto the freeway, which was backing up now almost to Dinah Shore at the peak hours. A free right turn lane would be installed similar to Cook Street. Councilmember Benson asked how this worked in with the City of Rancho Mirage when half of Monterey Avenue is in that city. Mr. Greenwood responded that the location of this work was actually in the County of Riverside, north of the freeway and east of Monterey, but it solved the problem for Palm Desert traffic. He said right now the northbound traffic on Monterey has a difficult time getting on the freeway westbound, and this would make that a much smoother flow. Councilman Ferguson noted that the bridge was not even ten years old. Mr. Greenwood stated that the bridge was actually designed in the early 1980's by the County and did not begin to account for growth in Palm Desert. Councilman Kelly noted that the City was the lead agency with the North Sphere and made it an assessment district, with four lanes and medians. The County was the lead agency on Monterey at the same time the City of Palm Desert did the North Sphere, and that is when the bridge was built. While the City was doing four lanes everywhere, the County was doing two lanes, but the City did not find out they were doing only two lanes until all the assessments had already been taken care of. The City would have had to start all over again and go through all the court proceedings again. Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to RBF Consulting, Palm Desert, California, in the amount of $199,030 and authorize the Mayor to execute same; 2) approve a 10% contingency for the project in the amount of $19,903 — funds for the contract and contingency are available in the Measure "A" Account (Fund No. 213). Motion was seconded by Ferguson and carried by a 5-0 vote. XV. CONTINUED BUSINESS None 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 XVI. OLD BUSINESS A. REQUEST FOR DIRECTION RELATIVE TO CITY AND COUNTY HILLSIDE ORDINANCES Case Nos. GPA 03-04 and ZOA 02-06 (City of Palm Desert, Applicant). Councilman Ferguson noted that the Council had not yet done the Environment and Natural Resources section of the General Plan. He said it had always been his understanding and philosophy that a general plan sets forth goals and policies to implement those goals. Subject to that process, ordinances are created, and if the ordinances do not match the goals and policies of the General Plan, they are void. He said he felt it would be putting the cart before the horse to craft an ordinance before the Council has even gone through and set the goals and policies or at least reviewed them on the hillsides as part of the General Plan. Mr. Drell said he had placed this on the Agenda for Council direction. He said the generalized goal of the General Plan was to preserve the hillsides as best we can. Upon question by Councilman Ferguson, he said he would have no problem continuing this item until completion of the comprehensive General Plan update process. Upon question by Mayor Spiegel as to where the County of Riverside is with regard to its new hillside ordinance, Mr. Drell responded that they were in the most infant state at this time. Councilman Ferguson moved to continue consideration of the Hillside Ordinance issues indefinitely to allow completion of the Comprehensive General Plan Update process. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro Tem Crites ABSENT. XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 C. CITY CLERK 1. Consideration of Schedule for Annual Committee/Commission Applicant Interviews. With Council concurrence, the City Council's Secretary will coordinate a convenient date for Members to conduct said interviews. 2. Request for Review of City Council Liaison Appointments to Committees and Commissions. With City Council concurrence, the Mayor and Mayor Pro Tem were authorized as the assigned liaisons to the Outside Agency Funding Committee, with Councilmembers to get their other requests to the City Clerk for providing an amended list for approval. 3. Reminder of Continued General Plan Public Hearing Meeting. Mrs. Klassen reminded the Council of the continued General Plan public hearing meeting scheduled for 1:00 p.m. on Thursday, February 26, 2004. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. League of California Cities Initiative — Councilman Ferguson said La Quinta City Councilmember Terry Henderson was asking two Councilmembers from each Valley city to volunteer their time on a private, grassroots effort to support the League's Initiative. He said they planned to get together next week sometime. With City Council concurrence, Mayor Pro Tem Crites and Mayor Spiegel volunteered to represent Palm Desert. o City Council Committee Reports: None o City Council Comments: 1. City Council Liaison Reports. a) Riverside Countv Airport Authority (Thermal) — Councilman Kelly reported that the Airport would host a live air show November 5-6, 2004. Additionally, he said it was likely the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 airport would be changing its name to "Jackie Cochran Regional Airport." b) Santa Rosa San Jacinto Mountains National Monument — Mayor Pro Tem Crites said the National Monument staff wished to present a gift to the City for its support. He presented the bronze plaque replica of the Monument's logo to Mayor Spiegel and the City Council. c) Dedication of Hooalona Cassidy Trail — Mayor Pro Tem Crites expressed sincere thanks to his colleagues for the expenditure of funds and to City staff for coordinating the enormously successful event on Saturday, January 31. He said the interest in the event would also testify to the amount of interest in Palm Desert trails. d) Parks & Recreation Commission Skate Park — Mayor Spiegel noted that the Commission considered a change in the way the Skate Park is monitored; currently, there was a monitor on hand for all hours of operation. Since the need for monitoring was not as great during the hours school was in session, staff researched whether it would be possible to reduce the number of monitored hours to after school and weekends and was recommending same. Many such parks in the State were not monitored at all. He said the City Attorney agreed that it would be possible to reduce full-time monitoring of the Skate Park by having the Park Patrol make periodic checks during school hours, with the monitor to come on after school and on weekends. By making this change, the City could save about $40,000. In answer to the question of usage during school hours, Mr. Drell answered the Skate Park was used during the day by those who liked it being less crowded, there were kids who were off track from school, and also tourists. However, he said this use didn't seem to warrant a $13.00/hour monitor. City Councilmembers concurred with this direction. Lawn Bowling/Bocce Ball — Mayor Spiegel said the Senior Center's lawn bowling participants had come to Parks & Rec about the boards they used around their sport, which were worn out, and concrete wasn't an option for replacement. He said the Commission suggested doing bocce ball at the Joslyn Cove Senior Center instead of Civic Center Park. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 12, 2004 Lawn bowlers use the facility three mornings a week from 9:00 a.m. to 12:00 p.m., and the same configuration could be used for bocce ball. He said this would cost the City about $5,000 to replace the worn out boards, but it would save a substantial amount more by not having to build a bocce ball court in the City's Park. The Parks & Recreation Commission would be recommending this joint effort to the City Council. He said if it was approved, there would be announcements inviting people to participate, because the activities were not just for seniors. The Senior Center was very supportive of this proposal. Legends Field Inductee — Mayor Spiegel said that Albie Pearson had been chosen as this year's baseball honoree to be recognized on February 20 at the beginning of the Palm Desert Games. He noted that Mr. Pearson was an ordained minister, he and his wife moved to the Coachella Valley in 1983 and helped found the Vineyard Church. They then founded the Father Art Ranch for neglected children located in Desert Hot Springs, which gives assistance to Riverside County children through the Department of Social Services. XIX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting at 5:08 p.m. to Closed Session. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. Mayor Spiegel reconvened the meeting at 6:20 p.m. and immediately adjourned to Thursday, February 26, 2004, at 1:00 p.m. for the continued General Plan public hearing, with no action reported from Closed Session. ATTEST: RACHELLE 6. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAYbR 17