HomeMy WebLinkAbout1992-05-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 28, 1992
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I. CALL TO ORDER ,
Mayor Kelly convened the meeting at 4:00 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman Walter H. Snyder
III. INVOCATION - Mayor Pro-Tempore Jean M. Benson
IV. ROLL CALL
Present:
Mayor Pro-Tempore Jean M. Benson
Councilman Buford A. Crites
Councilman Walter H. Snyder
Councilman S. Roy Wilson
(arrived at 6:00 p.m.)
Mayor Richard S. Kelly
Also Present:
Bruce A. Altman, City Manager
David J. Erwin, City Attorney
Sheila R. Gilligan, City Clerk
Ramon A. Diaz, ACM/Director of Community Development
Richard J. Folkers, ACM/Director of Public Works
Carlos L. Ortega, ACM/RDA Executive Director
Paul Shillcock, ACM/Director of Economic Development
Paul Gibson, Finance Director/City Treasurer
Pat Conlon, Director of Building and Safety
Dave Millheim, Director of Human Resources
John Wohlmuth, Environmental Conservation Manager
Larry McAllister, General Services/Purchasing Officer
CONSENT CALENDAR
A. MINUTES. of the Regular City Council Meeting of May 14, 1992.
Rec: Approve as presented.
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. WR09,
WR15, and WR16.
Rec: Approve as presented.
C. LETTER OF RESIGNATION from Maoling Linstead from El Paseo Business Association
Board.
Rec: Receive with sincere regret.
D. REQUEST FOR RATIFICATION of City Manager's Approval of Landscape Maintenance
Change Orders.
Rec: By Minute Motion: 1) Ratify Change Order No. 1 to Contract No. C03150 with
Sunshine Landscape in the amount of $640.00, 2) ratify Change Order No. 1 to
Contract No. C05680 with Karleskint-Crum, Inc. in the amount of $856.00.
E. REOUEST FOR APPROVAL of Parcel Map 27213 (Monterey Avenue Associates,
Applicant).
Rec: Waive further reading and adopt Resolution No. 92-41, approving Parcel Map
27213.
F. CONSIDERATION OF ANNUAL ASSESSMENT for Landscaping and Lighting District No.
2, Canyon Cove.
Rec: 1) By Minute Motion, approve the Engineer's Report for the subject assessment
district, 2) waive further reading and adopt Resolution No. 92-42, declaring the
intent to levy and collect assessments for the fiscal year 1992-93 and setting a
public hearing for same.
G. CONSIDERATION OF ANNUAL ASSESSMENT for Landscaping and Lighting District No.
4, Parkview Estates.
Rec: 1) By Minute Motion, approve the Engineer's Report for the subject assessment
district, 2) waive further reading and adopt Resolution No. 92-2, declaring the
intent to levy and collect assessments for the fiscal year 1992-93 and setting a
public hearing for same.
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H. CONSIDERATION OF ANNUAL ASSESSMENT for Landscaping and Lighting District No.
5, Cook and Country Club.
Rec: 1) By Minute Motion, approve the Engineer's Report for the subject assessment
district, 2) waive further reading and adopt Resolution No. 92-44, declaring the
intent to levy and collect assessments for the fiscal year 1992-93 and setting a
public hearing for same.
I. CONSIDERATION OF ANNUAL ASSESSMENT for Landscaping and Lighting District No.
6, Hovley Lane West.
Rec: 1) By Minute Motion, approve the Engineer's Report for the subject assessment
district, 2) waive further reading and adopt Resolution No. 92-41, declaring the
intent to levy and collect assessments for the fiscal year 1992-93 and setting a
public hearing for same.
J. CONSIDERATION OF ANNUAL AS,S.ESSMENT for Landscaping and Lighting District No.
1980-1, Presidents Plaza.
Rec: 1) By Minute Motion, approve the Engineer's Report for the subject assessment
district, 2) waive further reading and adopt Resolution No. 92-4., declaring the
intent to levy and collect assessments for the fiscal year 1992-93 and setting a
public hearing for same.
K. CONSIDERATION OF ANNUAL ASSESSMENT for Landscaping and Lighting District No.
81-3, Vineyards.
Rec: 1) By Minute Motion, approve the Engineer's Report for the subject assessment
district, 2) waive further reading and adopt Resolution No. 92-47, declaring the
intent to levy and collect assessments for the fiscal year 1992-93 and setting a
public hearing for same.
L. CONSIDERATION OF FORMATION of Landscaping and Lighting District No. 92-7,
Waring Court.
Rec: Waive further reading and adopt Resolution No. 92-44, approving the engineer's
report and setting a public hearing for the formation of the subject district.
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M. REQUEST FOR APPROVAL to Enter into Negotiations for Design Consultant Selection for
Interstate 10 and Cook Street Interchange (Contract No. C06390).
Rec: By Minute Motion, authorize staff to enter into negotiations with Moffatt & Nichol,
Engineers, for the purpose of confirming the selection committee recommendation
as the proposed design consultant for the subject project.
Upon motion by Snyder, second by Crites, the Consent Calendar was approved as presented by a
4-0-1 vote, with Councilman Wilson ABSENT.
VI. ORAL COMMUNICATIONS - A
MR. NORLEY FEINSTEIN, 73-450 Country Club Drive, Suncrest Mobile Home Park, spoke as
representative of homeowners at Suncrest and submitted petitions which he said had been signed
by 60% of the homeowners requesting annexation into the City of Palm Desert.
Mr. Altman stated that the Annexation Committee had met earlier in the day and asked that staff
be directed to begin proceedings through the Local Agency Formation Commission (LAFCO), with
the understanding that no neighboring properties would have to come in to the City with this mobile
home park.
Councilman Crites moved to add this item to the Agenda for consideration. Motion was seconded
by Snyder and carried by a 4-0-1 vote, with Councilman Wilson ABSENT.
Councilman Crites moved to approve staffs recommendation as stated by Mr. Altman. Motion
was seconded by Snyder and carried by a 4-0-1 vote, with Councilman Wilson ABSENT.
VII. RESOLUTIONS
A. RESOLUTION NO. 92-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, REQUESTING THE LOCAL AGENCY
FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE CHANGE OF
ORGANIZATION KNOWN AS PALM DESERT ANNEXATION NO. 30.
Mr. Diaz reviewed the staff report, noting that this would begin the process of annexing into
the City the area which Council prezoned at its last meeting. He recommended approval.
Councilmember Benson verified that this would include the Price Club area, and Mr. Diaz
responded that it would.
Councilman Crites moved to waive further reading and adopt Resolution No. 92-49. Motion was
seconded by Benson and carried by a 4-0-1 vote, with Councilman Wilson ABSENT.
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II. ORDINANCES
For Introduction:
None
For Adoption:
A. QBDINANCF* NO. 6$1- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE RIVERSIDE COUNTY
ORDINANCE NO. 712, REGULATING THE COLLECTION, TRANSPORTATION, AND
REMOVAL OF LIQUID WASTES AND ANIMAL BY-PRODUCTS.
Mr. Altman stated that there had been no changes since introduction of this ordinance, and
he recommended its adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 6SJ . Motion was
seconded by Snyder and carried by 4-0-1 vote, with Councilman Wilson ABSENT.
B. ORDINANCE NO. 682 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 3.28.040 OF THE PALM
DESERT MUNICIPAL CODE RELATING TO EXEMPTIONS FOR COMPLIMENTARY
ROOMS PROVIDED AT NO CHARGE BY TRANSIENT OCCUPANCY TAX
OPERATORS.
Mr. Altman stated no changes had been made since this ordinance was introduced, and he
recommended adoption.
Councilman Crites moved to waive further reading and adopt Ordinance No. 682. Motion was
seconded by Snyder and carried by a 4-0-1 vote, with Councilman Wilson ABSENT.
C. ORDINANCE NO. 68a - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM
DESERT ZONING MAP, BY APPROVING A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND PREZONING THE PROPERTY SOUTH OF
INTERSTATE 10, EAST AND WEST OF MONTEREY AVENUE, FOR THE PURPOSE
OF FACILITATING ANNEXATION OF THE AREA TO THE CITY OF PALM DESERT,
SAID AREA BEING PARTS OF SECTIONS 19, 20, AND 29, T4S R6E.
Mr. Altman stated no changes had been made since this ordinance was introduced, and he
recommended adoption.
Councilmember Benson moved to waive further reading and adopt Ordinance No. 683. Motion
was seconded by Crites and carried by a 4-0-1 vote, with Councilman Wilson ABSENT.
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IX. CONSENT ITEMS HELD OVER
None
X. NEW BUSINESS
A. REQUEST FOR APPROVAL OF RATE INCREASE FOR SOLID WASTE AND
RECYCLING COLLECTION SERVICES.
Mr. Wohlmuth reviewed the staff report, noting that Waste Management of the Desert had
requested an increase of 2.1 %, which was equal to 50% of the CPI and also met the
provisions of the franchise agreement. He said staff recommended approval of the request.
Councilman Crites said he felt the service was excellent, and he complimented both Waste
Management and Mr. Wohlmuth for the recycling program.
Councilman Snyder moved to, by Minute Motion, ratify a 2.1 % solid waste and recycling collection
rate increase, equal to 50% CPI, pursuant to the City's exclusive franchise contract, 2) waive further reading
and adopt Resolution No. 92-5_Q, setting the rates. Motion was seconded by Benson and carried by a 4-0-1
vote, with Councilman Wilson ABSENT.
B. INFORMATIONAL ITEMS:
1. Palmer CableVision Update.
Mr. Ortega noted the memo in the packets relative to cable complaints and offered to
answer any questions.
2. Update on Tri-Cities Sports Facility.
3. Status of Date Palm Grove.
Mr. Diaz discussed items 2 and 3 together because they are both to be located at the
Civic Center Park complex. He said the Planning Commission at its last meeting
voted 4-0 to approve the plan presented to the Council at the May 14th meeting. He
said the Planning Commission decision was final unless appealed or called up by
Council for review. He added that staff hoped to have working drawings started
quickly, with the project under construction by the end of the year.
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I. CONTINUED BUSINESS
A. REQUEST FROM RESIDENTS OF PORTOLA COUNTRY CLUB FOR STOP SIGN ON
PORTOLA AVENUE AT QUICKSILVER LANE (Continued from the Meeting of April 23,
1992).
Mr. Folkers reviewed the staff report, noting that this matter had been continued from the
April 23rd meeting.
Mr. Seyed Safavian, Associate Transportation Engineer, presented the traffic plan, noting that
options reviewed were classified in four different categories: 1) Intersection signalization,
2) intersection multi -way stop, 3) lane demarkation/channelization, 4) access management.
He said it was found that the intersection met some of the warrants but not enough that staff
would recommend changing the controls. He said staff recommended that the short-term
action plan described in the report be implemented and that adjustments be made to the
channelization, which would provide safer access. With regard to the long-term
improvements, he said staff was requesting direction from Council to proceed with
alternatives suggested in the report.
Councilman Crites stated he did not feel the emergency gate to the north was useable even
as a secondary access because one resident's driveway is too close, and it would be difficult
to get in and out of that driveway. Mr. Folkers responded that staff had discounted this as
a secondary access. Crites said he felt the recommended plan did a better job of protecting
people making left turns in and right turns out, but he asked how it would help, as far as
visibility, those individuals making left turns out and traveling south on Portola.
Mr. Safavian responded that there will be one lane northbound, with a wider center turning
lane. This would allow those exiting the complex to deal with the northbound traffic first,
then wait in the center lane until the southbound traffic clears.
Mr. Folkers added that staff had met with Mr. Wallace Hager of Portola Country Club and
discussed this with him. Since that meeting, there had been an accident at the intersection.
He said from a staff standpoint, this plan would greatly improve the situation.
MR. WALLACE HAGER, representative of Portola Country Club, said he felt this plan
would be an improvement. He said Portola Country Club had the dangerous situation
because of its proximity to the Wash, and he said they were still requesting that the solution
include, at a minimum, reduction of the speed limit on Portola Avenue to no more than
35mph and that it be enforced. He felt this reduction in speed plus the channelization would
greatly improve the situation and that it was a sensible solution. If this does not work and
there are still problems, he said he would have no problem coming back and asking for a
traffic signal at that intersection.
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Councilman Snyder moved to, by Minute Motion, direct the Engineering Department to proceed
immediately with channelization at the entrance to Portola Country Club.
Upon question by Councilmember Benson, Mr. Folkers responded that staff would look at
the issue of the speed limit on Portola.
Councilman Crites stated he felt reduction in the speed limit was a good idea but questioned
how it could be enforced.
Mr. Folkers responded that because it is adjacent to the school on the other side of the Wash,
enforcement could be handled by making it the same priority as the school zone.
Councilman Snyder restated his motion to, by Minute Motion: 1) Approve the traffic study as
outlined in the staff report dated May 28, 1992, 2) concur with staffs recommended option as listed in the
report, 3) authorize staff to proceed with further studies to refine the improvement plan for further Council
action, 4) direct staff to look at reducing the speed limit in this area of Portola from 45mph to 35mph.
Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Wilson ABSENT.
Councilman Crites asked Mr. Hager if he was interested in the City looking at Merle as
another way out of the development. Mr. Hager responded that he did not think it was a
practical solution.
B. PETITION FROM RESIDENTS OF SAN MARINO CIRCLE FOR STREET CLOSURE
(Continued from the Meeting of May 14, 1992).
Mr. Folkers reviewed the staff report, noting that staff had reviewed the suggestion received
at the last meeting from Mr. Buehl relative to partial closure of San Marino Circle east of
Portola Avenue. He said the plan would provide access to San Marino from northbound
Portola Avenue only; all other movements to and from San Marino Circle will be eliminated.
He said staff felt this would be a good workable approach that could be done on a trial basis.
Upon question by Councilman Crites, Mr. Folkers responded that one letter had been
received from a citizen requesting that this be held to the 7:00 p.m. portion of the meeting.
MR. GEORGE BUEHL, 74-022 San Marino Circle, said he felt this plan he had submitted
was one that would work very well for him and his neighbors.
Mr. Folkers added that because staff wanted to proceed with this as quickly as possible,
notices had been sent out indicating that the matter would be on the City Council Agenda for
June llth as a public hearing to close the street.
Councilman Crites moved to postpone action on this item until the 7:00 p.m. portion of the
meeting. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Wilson ABSENT.
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After 7:00 p.m., Councilman Crites moved to, by Minute Motion, approve the recommendation
as outlined in the staff report and authorize staff to proceed with implementation of the approved plan for
a 180-day trial period. Motion was seconded by Snyder and carried by unanimous vote of the Council.
Councilman Wilson asked if a public hearing would be held on this matter, and Mr. Folkers
stated that the public hearing was scheduled for June 11, 1992.
C. REOUEST FOR CONSIDERATION OF HAYSTACK ROAD STRIPING CHANGES
(Continued from the Meeting of May 14, 1992).
Mr. Altman stated that Councilman Wilson had asked that this matter be held until he arrives.
Council concurred, and this matter was discussed following Awards, Presentations, and
Appointments at the 7:00 p.m. portion of the meeting.
Mr. Folkers reviewed the staff report and the update on the Haystack Road Striping Plan and
offered to answer any questions.
Councilman Wilson said although he felt staffs suggested solution for Haystack Road east
of Heliotrope was a good, he questioned why staff was not proposing to change the striping
west of Heliotrope to make it consistent all the way down the street. He said his personal
feeling was that the turning lane at Moon was an appropriate way to handle turning
movements at the various streets west of Heliotrope.
Mr. Folkers responded that staff felt it was better and safer to fill the street with laneage than
to open the street too much and perhaps have it become a speedway. He said staff would
prefer to stay with what we have, and this could incorporate future changes such as on -street
bike or golf cart lanes.
Mayor Kelly agreed with staffs recommendation and said he liked the proposed striping plan.
Councilmember Benson added that she felt it looked better and did address the concerns of
the residents.
Councilman Crites said he felt the plan from Heliotrope east was good. If we find out later
that the west end does not work, staff could then go back and implement Councilman
Wilson's suggestions.
Councilman Wilson said he felt if staff was going to correct half of the street, why not just
do it all the way down instead of having normal striping at one end and then half -way down
changing to double striping. He felt this would be confusing to people traveling this road.
Mayor Kelly responded that you cannot do the same thing when there are different widths of
the road. He agreed with staff that it would be better to have the street filled with laneage
rather than having one large lane.
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Upon question by Councilmember Benson relative to golf cart lane striping, Mr. Folkers
responded that the enabling ordinance allows the City to have golf carts on the streets' the
beginning of the year.
Mayor Kelly added that the City should be issuing permits beginning January 1, 1993, and
the streets should be done by that time.
Councilman Wilson said he would prefer to have more options to choose from than those
presented by staff.
Councilman Wilson moved to, by Minute Motion: 1) support staffs recommendation to move ahead
with striping changes on Haystack Road east of Heliotrope, 2) direct staff to come back in the near future
with striping plans for golf cart and parking lanes for the entire street as well as additional options for the
portion of Haystack Road west of Heliotrope. Motion was seconded by Crites and carried by unanimous
vote of the Council.
XII. OLD BUSINESS
A. REPORT RELATIVE TO TWO-STORY BUILDING ON THE SOUTHWEST CORNER OF
FRED WARING AND ACACIA DRIVE.
Mr. Diaz stated that as a result of Council's request at the meeting of May 14th, staff had
prepared a report which was in the packets. He noted that all requirements of the Zoning
Ordinance had been met except for the variance granted for the front setback.
Councilman Crites asked whether there had been public"opposition by neighboring property
owners.
Mr. Diaz responded that he believed all concerns had been addressed during the hearings on
this project but said staff would look into the matter.
XIII. REPORTS AND REMARKS
A. CITY MANAGER
1. Update on Student Summer Work Program
Mr. Altman asked that this matter be added to the Agenda for discussion.
Councilman Snyder moved to add this item to the Agenda for consideration. Motion was seconded
by Crites and carried by a 4-0-1 vote, with Councilman Wilson ABSENT.
Human Resources Director Dave Millheim reviewed the staff report and offered to
answer any questions.
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Councilman Crites said he felt this was a great program and that we should continue
to do what we have in the past and have the program open for both Palm Desert High
School and College of the Desert students.
Councilman Crites moved to, by Minute Motion, approve the Student Summer Work Program and
open it up to both Palm Desert High School and College of the Desert students. Motion was seconded by
Snyder and carried by a 4-0-1 vote, with Councilman Wilson ABSENT.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session at the appropriate time pursuant to Government Code
Section 54956.9 (a), Existing Litigation (Infante v. Palm Desert, Case 89 SBR 160419), and
(b), Threatened Litigation.
C. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
1. Councilmember Benson reported that she had attended the dedication of the
Washington School fence on Friday. She said the students are really happy
about the fence and that it had been built for their enjoyment. She said they
were learning about art and that this was probably their first lesson that beauty
is in the eye of the beholder and that some people like the fence while others
do not. She added that the artist had entertained the children at the dedication
for about an hour by explaining how the fence was built and actually getting
the children involved in the explanation.
2. Councilmember Benson stated that the Promotion Committee had asked that
she discuss with Council and perhaps refer to the Parks and Recreation
Commission the possibility of implementing a healthy heart program in the
park with places marked off for walking and jogging.
Council concurred that this matter should be referred to the Parks and
Recreation Commission for review and recommendation.
TV. ORAL COMMUNICATIONS - B
None
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Councilman Crites moved to recess the meeting at 5:05 p.m. so that the students participating in
Student Government Day could hold a Mock City Council Meeting. Motion was seconded by Snyder and
carried by unanimous vote of the Council.
Mayor Kelly reconvened the meeting at 7:00 p.m.
XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Continued Business Items B and C were considered following Awards, Presentations. and
Appointments.
XVI. ORAL COMMUNICATIONS - C
None
XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENTS TO THE PROMOTION COMMITTEE.
Councilmember Benson asked that this matter be continued to the meeting of June 11, 1992.
Council concurred.
B. PRESENTATION OF CERTIFICATES OF APPRECIATION TO STUDENTS
PARTICIPATING IN STUDENT GOVERNMENT DAY.
Mayor Kelly presented Certificates of Appreciation to the following students:
Nicole Alexander, Acting Mayor; Ivan Rivas, Acting Mayor Pro-Tempore; Rafael Meghnagi,
Acting Councilmember; Dona Williams, Acting Councilmember; Chris Wood, Acting
Councilmember; Julie Dukic, Acting City Manager; Brian Elmer, Acting ACM/RDA
Director; Robert Leger, Acting ACM/Director of Public Works; Tim McCracken, Acting
ACM/Director of Community Development; Matt Botich, Acting ACM/Director of Economic
Development; Noelle McQuery, Acting City Clerk/P.I.O.; Stephanie Hill, Acting Finance
Director; Heather Gonyier, Acting Director of Building and Safety; Travis VanNess, Acting
Code Compliance Director; David Poag, Acting Human Resources Director; Shaw Bates,
Acting Police Chief; Katie Barnes, Acting Fire Chief; Julie Tolley, Acting City Attorney;
Susan Campbell, Acting Environmental Conservation Manager; Margaret Rueda, Acting
Emergency Services Coordinator; Julienne Winters, Acting Community Arts Manager; and
Cristiano Ziegler, Acting General Services/Purchasing Officer.
Mayor Kelly thanked all of the students participating and said staff and students alike had
really enjoyed this experience. He thanked Dr. Carole Hartle, Vice Principal of Palm Desert
High School.
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C. FRFSENTATION OF PLAOUES OF APPRECIATION FOR SPRINGFEST '92.
Mayor Kelly asked if there were any representatives from James E. Simon Company and
JDH Construction to accept these plaques.
No representatives were present, and Mrs. Gilligan stated this would be placed on a future
Agenda.
XVB1. PUBLIC HEARINGS
A. REQUEST FOR FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 92-8
(DEEP CANYON ROAD).
Mr. Altman stated that staff was recommending that this public hearing be opened and then
continued to the meeting of June 11, 1992, to allow for sufficient publication time.
Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to this request. No testimony was offered.
Councilman Crites moved to continue this matter to the meeting of June 11, 1992. Motion was
seconded by Wilson and carried by unanimous vote of the Council.
XIX. ORAL COMMUNICATIONS - D
None
XX. ADJOURNMENT
Councilman Crites moved to adjourn the meeting at 7:40 p.m. to Closed Session for the reasons
stated previously by the City Attorney, said Closed Session to be held following adjournment of the Parking
Authority meeting. Motion was seconded by Wilson and carried by unanimous vote of the Council.
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Mayor Kelly reconvened the meeting at 9:05 p.m. and immediately adjourned with no action
announced from Closed Session.
ATTEST:
SHEILA R. GILLIGAN, CI CLERK
CITY OF PALM DESERT, ALIFORNIA
c �
RICH RD S KELLY, MAYOR
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