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HomeMy WebLinkAbout1995-09-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 14, 1995 s s s s s *** s s s s* s s s s * s s s s s s * s s s s s s s s s * * * I. CALL TO ORDER Mayor Pro-Tempore Walter H. Snyder convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Walter H. Snyder IIL INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Prt: Councilmember Jean M. Benson Councilman Richard S. Kelly Mayor Pro-Tempore Walter H. Snyder Councilman Robert A. Spiegel Excused Absence: Mayor Buford A. Crites Also Present: Ramon A. Diaz, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, ACM/RDA Executive Director Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Paul S. Gibson, Finance Director/City Treasurer Pat Conlon, Director of Building and Safety Wayne Ramsey, Director of Code Compliance Phil Drell, Acting Director of Community Development Lisa Constande, Environmental Conservation Manager Mary P. Gates, Deputy City Clerk I MINUTES REGULAR PALM DESERT CITY COUNCIL M n" . i w1G br r i r.AfBER 14, 1995 • * * * * • * • • * * • * * • • * * • * * • * * * * • * * * * * * * * * • V. ORAL COMMUNICATIONS - A MS. LYNNE JANE NEUMANN, a resident of the Magnesia Falls cove area of Rancho Mirage, praised and thanked the Mayor and City Council for making her life easier. She expressed concern with the way Western Waste Industries was doing business in her area and showed photographs to the Council of conditions around trash bins, on streets, etc. which were not cleaned up by Western Waste, and she asked that Council and staff look at those pictures. MR. LARRY RHINEHART, Intergovernmental Affairs Director for South Coast Air Quality Management District, distributed packets of information to the City Council and offered to answer any questions. VI. CONSENT CALENDAR A. flNU'FES of the Regular City Council Meeting of August 24, 1995. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 9, 10, 11, 12, 12A, and 13. Rec: Approve as presented. C. MINUTES of Economic Development Advisory Committee Meeting of May 18, 1995. Rec: Receive and file. D. REQUEST FOR APPROVAL of Selection of Consultant for Aquatics Center Feasibility Study. Rec: Removed from Consent Calendar. See Section IX, Consent Items Held Over, for Council action. E. REQUEST FOR APPROVAL of Refund of Building Permit in Prior Fiscal Year. Rec: By Minute Motion, approve a refund of $50.00 to Imperial Sign Co., Inc. for Permit No. 12252 from prior fiscal year. F. REOUEST FOR AUTHORIZATION to Obtain Bids and Proposals for Improvements to Palm Desert Historical Fire Station (Contract No. C10410). Rec: By Minute Motion, authorize staff to obtain the necessary bids and proposals to make improvements to the Palm Desert Historical Fire Station. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING arr i rAvfBER 14, 1995 • • • $ • • * • • • • • • • • • * • * * * • * • • • • • * • • • • • • • • • G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Traffic Signal, Median Island, and Striping Modifications on Monterey Avenue at Parkview Drive/College of the Desert (Contract No. C1042Q). Rec: Removed from Consent Calendar. See Section IX, Consent Items Held Over, for Council action. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Front End Skip Loader. Rec: By Minute Motion, authorize staff to advertise and call for bids for a front end skip loader. I. REQUEST FOR AWARD OF CONTRACT for Installation of the San Pascual Channel Pedestrian Bridge Project 698-95 (Contract No. C10030). Rec: By Minute Motion, waive the irregularity in the "Notice of Inviting Sealed Bids" and amend contract award to permit "B" license as a primary contractor. J. REQUEST FOR AWARD OF BID for 1995 Holiday Display (Contract No. C1043Q). Rec: By Minute Motion, award the bid for the setup, removal, and storage of the City's holiday display to Brite Lites in the amount of $1,920.00. K. REOUEST FOR AWARD OF BID for Underground Fuel Tank Removal at Mesa View Fire Station (Contract No.C10100). Rec: By Minute Motion: 1) Reject the bid from the low bidder as incomplete; 2) award the bid to Canyon Specialties for the removal of underground fuel tanks at Mesa View Fire Station in the amount of $7,700.00. L. REQUEST FOR APPROVAL of Agreement for Safety Surfacing of Civic Center Park Tot Lot (Contract No. C10440). Rec: By Minute Motion, authorize staff to enter into a sole source agreement with Gledson/Cashman Construction in the amount of S11,470.00 plus a ten percent contingency of $ 1,147.00 for the installation of 670 square feet of safety surfacing at the Civic Center Park Tot Lot. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr z i ii G bra. i r t+fBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * s * * * * * * * s s * * s s s s M. REQUEST FOR APPROVAL of Agreement for Civic Center Park Date Grove Maintenance (Contract No. C10450). Rec: By Minute Motion, authorize staff to enter into an agreement with Young's Nursery for the maintenance of the date trees at the Civic Center Park Date Grove in the amount of $3,450.00. N. REQUEST FOR EXTENSION of Contract for Street Sweeping (Contract No. C0898W. Rec: By Minute Motion, authorize a two-year extension of the contract for street sweeping with Interstate Sweeping, Inc. at a rate of $13.00 per curb mile. O. REQUEST FOR EXTENSION of Contract for Civic Center Park Lagoon Water Quality Management (Contract No. C05133). Rec: By Minute Motion, authorize a one-year extension of the maintenance contract with Southwest Aquatics in the amount of $11,640.00 ($970.00 per month). P. REQUEST FOR EXTENSION of Promissory Note for Coachella Valley Mountains Conservancy. Rec: By Minute Motion, approve the request for extension of the promissory note term until December 31, 1995, and forgive the 10% penalty. Q. REQUEST FOR CONTINUATION of Utilization of County of Riverside Transportation Department for Citywide Street Striping (Contract No. C07430). Rec: By Minute Motion, authorize staff to continue utilizing the County of Riverside's Transportation Department staff to Citywide street striping and authorize an amount not to exceed $100,000 for these services. R. REOUEST FOR APPROVAL of Construction Change Order No. 01 for Cook Street/I-10 Interchange, Varner Road Relocation (Contract No. C09900). Rec: By Minute Motion: 1) Approve Construction Change Order No. 01 to Contract No. C09900 for the Cook Street/I-10 Interchange; Varner Road Relocation for payment of the addition of 172 feet of 42 inch storm drain in the amount of $19,572.00 and transfer this amount from contingency to base in Account No. 481-4389-433-4001; 2) appropriate and estimate revenue from CVAG in the amount of $19,572.00 to the I-10/Cook Street Interchange, Account No. 481-4389-433-4001. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING 6r r i r i BER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. C08710 for Cook Street Extension, Frank Sinatra Drive to Gerald Ford Drive (Project No. 660-94). Rec: By Minute Motion: 1) Approve Change Order No. 3 in the amount of $11,200.00; 2) authorize the transfer of $11,200.00 from contingency to base. T. REQUEST FOR APPROVAL of Change Order No. 4 to Contract No. C08710 for Cook Street Extension, Frank Sinatra Drive to Gerald Ford Drive (Project No. 660-94). Rec: By Minute Motion: 1) Approve Change Order No. 4 in the amount of $24,124.00; 2) authorize the transfer of $24,124.00 from contingency to base. U. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C09560 - Whitewater Storm Drain Channel Soil Removal, Transport, and Deposition Project 660-95. Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of $15,100.00; 2) authorize the transfer of $ 15,100.00 from contingency to base. V. REOUFST FOR CONSIDERATION of Citywide Traffic Collision Analysis. Rec: Receive and file. W. 1 EOUEST FOR APPROVAL of Charitable Contributions/Outside Agency Committee Recommendations for Funding in Accordance with the 1995/96 Budget. Rec: By Minute Motion, approve the Charitable Contributions/Outside Agency Committee recommendations for funding in accordance with the 1995/96 budget for the agencies listed in the staff report dated September 14, 1995, and authorize the Mayor to execute the agreements between the City and those same agencies. X. REOUFST FOR APPROVAL of Execution of Forms from the Coachella Valley Water District for Cook Street Extension Sewer and Water Improvements Project. Rec: By Minute Motion, authorize the Mayor to execute the documents attached to the staff report dated September 14, 1995. Y. REQUEST FOR RATIFICATION of Acting City Manager Approval of Purchase Order Number 3252 with Westscape, Inc. for Landscaping, Lighting, Irrigation, and Concrete for Obelisk at Avenue of the States and Washington Street. Rec: By Minute Motion, ratify the Acting City Manager's approval of the subject purchase order in the amount of $7,789.00. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL lh.r.r.u+IG ar.r ir.&vfBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Z. REQUEST FOR CONSIDERATION of Proposed Bradley -Burns Bill of Rights. Rec: 1) Waive further reading and adopt Resolution No. 95-86 supporting the creation of the Bradley -Burns Bill of Rights for administration of local sales and use tax by the Board of Equalization; 2) by Minute Motion, direct the City Clerk to mail a certified copy of the adopted resolution together with the proposed Bradley -Burns Bill of Rights to Kathleen Connell, State Controller, and each additional Member of the Board of Equalization at their local and State Capitol offices. Councilman Spiegel asked that Items D and G be removed for separate discussion under Section IX, Consent Items Held Over, of the Agenda. Upon motion by Benson, second by Kelly, the remainder of the Consent Calendar was approved by unanimous vote of the Council. VII. RESOLUTIONS Mr. Ortega asked that Resolutions 95-87, 95-88, and 95-89 be continued to the meeting of September 28, 1995, as bond counsel needed to do some additional work. A. RESOLUTION NO. 95 J7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING REVISION OF AUDITOR'S RECORD OF REASSESSMENT FOR REFUNDING BONDS FOR ASSESSMENT DISTRICT NO. 83-1 TO INCLUDE INTEREST INSTALLMENTS BASED ON INTEREST RATES SET FORTH IN THE BOND PURCHASE CONTRACT FOR THE PURCHASE AND SALE OF REFUNDING BONDS FOR SAID ASSESSMENT DISTRICT, AND PROVIDING FOR THE COLLECTION OF THE REASSESSMENTS. Councilman Speigel moved to continue this matter to the meeting of September 28, 1995. Motion was seconded by Kelly and carried by unanimous vote. B. RESOLUTION NO. 95-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING REVISION OF AUDITOR'S RECORD OF REASSESSMENT FOR REFUNDING BONDS FOR ASSESSMENT DISTRICT NO. 84-1-R TO INCLUDE INTEREST INSTALLMENTS BASED ON INTEREST RATES SET FORTH IN THE BOND PURCHASE CONTRACT FOR THE PURCHASE AND SALE OF THE REFUNDING BONDS FOR SAID ASSESSMENT DISTRICT AND PROVIDING FOR THE COLLECTION OF THE REASSESSMENTS. Councilman Spiegel moved to continue this matter to the meeting of September 28, 1995. Motion was seconded by Kelly and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL 14mr..iirIG ar.r i i*IBER 14, 1995 « « « « « « « « « « « « « « « « « « « « « « « « « « * « « « « « « « « « « « C. RESOLUTION NO. 95-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING REVISION OF AUDITOR'S RECORD OF REASSESSMENT FOR REFUNDING BONDS FOR ASSESSMENT DISTRICT NO. 87-1 TO INCLUDE INTEREST INSTALLMENTS BASED ON INTEREST RATES SET FORTH IN THE BOND PURCHASE CONTRACT FOR THE PURCHASE AND SALE OF THE REFUNDING BONDS FOR SAID ASSESSMENT DISTRICT, AND PROVIDING FOR THE COLLECTION OF THE REASSESSMENTS. Councilman Spiegel moved to continue this matter to the meeting of September 28, 1995. Motion was seconded by Kelly and carried by unanimous vote. VIII. ORDINANCES For Introduction: A. ORDINANCE NO. 775 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 2.26 TO TITLE 2 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE ECONOMIC DEVELOPMENT ADVISORY COMM' i i r.C. Mr. Diaz reviewed the staff report, noting that the ordinance reflected the desires and concerns of the Council as stated in previous meetings. Councilmember Benson stated that at previous Committee meetings, she and Mayor Crites had suggested adding an alternate position to the Committee. Mayor Crites discussed this with Dave Tschopp who agreed with the suggestion. She asked that the alternate position be added under "Membership" on this ordinance. Councilman Spiegel moved to waive further reading and pass Ordinance No. ill to second reading, amended to include an alternate position on the Economic Development Advisory Committee. Motion as seconded and carried by unanimous vote. B. ORDINANCE NO. 787 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING NEW SPEED ZONES (Monterey Avenue between Highway 111 and Fred Waring Drive). Mr. Diaz noted the report in the packets from Mr. Folkers and offered to answer any questions. Councilman Spiegel moved to waive further reading and pass Ordinance No. 12 to second reading. Motion was seconded by Kelly and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL Mir. i u dG ar r i i fBER 14, 1995 « « « « « * * « * * * * * * * « * * * * * « « « * « * * « « * « * * « « « For Adoption: A. ORDINANCE NO. 784 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 569 RELATIVE TO ABSENCES FROM COMbui ir_r./COMMIISSION MEETINGS. Mr. Diaz stated that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. ?$4. Motion was seconded by Spiegel and carried by unanimous vote. B. ORDINANCE NO. 785 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.24.090, NOTICE TO OWNER OF LAND AND OWNER OF VEHICLE, THAT PARAGRAPH 2 BE AMENDED TO READ "SUBDIVISION (C) (CVC 22661)", OF THE PALM DESERT MUNICIPAL CODE RELATING TO ABANDONED VEHICLES. Mr. Diaz stated that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Kelly moved to waive further reading and adopt Ordinance No. MM. Motion was seconded by Spiegel and carried by unanimous vote. C. ORDINANCE NO 786 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER X TO TITLE 9 (COMMENCING WITH SECTION 9.70) OF THE PALM DESERT MUNICIPAL CODE REGARDING THE PROTECTION OF THE PEACE AND SECURITY OF MEDICAL FACILITIES AND THE WELL-BEING, TRANQUILITY, AND PRIVACY OF PERSONAL RESIDENCES. Mr. Diaz stated that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 7. Motion was seconded by Kelly and carried by unanimous vote. IX. CONSENT ITEMS HELD OVER D. REQUEST FOR APPROVAL of Selection of Consultant for Aquatics Center Feasibility Study. Councilman Spiegel asked for clarification of staffs request to waive the eligibility restriction in the Request for Proposal and allow this group to be eligible for the feasibility study portion as well as the construction of the facility. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL 1V r r4iiiJG ar..1Val # BER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Associate Planner Jeff Winklepleck responded that in this case staff was concerned about the possibility that the study could be perceived as being set up so these people could go forward and then bid on the multi million dollar project. He said this group is known for doing both the feasibility study and building of these types of facilities. The Parks & Recreation Commission Pool Subcommittee reviewed this and felt that because of the overwhelming experience and expertise this group has shown in the past, the restriction should be waived and this group allowed to bid on construction of the pool. Upon further question by Councilman Spiegel, Mr. Winklepleck stated that no local proposals had been received. He added that Aquatic Design Group was head and shoulders above any of the other r , .. r is received. Councilman Spiegel moved to, by Minute Motion: 1) Waive the eligibility restriction contained in part "C" of the Aquatics Center Feasibility Study Request for Proposals to allow the Aquatic Design Group to be eligible for the feasibility study portion as well as any further work associated with this project; 2) direct staff to a contract to retain Aquatic Design Group for the completion of an aquatic center feasibility study (Contract No. C10400). Motion was seconded by Kelly and carried by unanimous vote. Mr. Diaz added that Aquatic Design Group would still have to go through the bid process and that Council's action was just to approve the waiver of the eligibility restriction. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Traffic Signal, Median Island, and Striping Modifications on Monterey Avenue at Parkview Drive/College of the Desert (Contract No. C 10420). Councilman Spiegel stated that Mayor Crites had asked that this matter be continued to the next meeting inasmuch as he had concerns regarding installation of a signal on Fred Waring Drive adjacent to the new library when there are existing signals at Monterey Avenue and also at San Pablo. Mr. Folkers stated that the item Mayor Crites was referring to was Item G of New Business, not this item. Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. Motion was seconded by Kelly and carried by unanimous vote. R. NEW BUSINESS A. REQUEST FOR CONSIDERATION OF UNIFORM SPEED LIMIT OF 25MPH ON GRAPEVINE STREET Mr. Diaz noted the staff report in the packets and asked that Council waive further reading and pass Ordinance No. i to second reading. 9 MOIL) Jr.., REGULAR PALM DESERT CITY COUNCIL MEETING br r i &ABER 14, 1995 • • • * * * * • • * * * • • • * * * • * * • * * • • • • • • * • • * • • • • Councilman Spiegel moved to waive further reading and pass Ordinance No. 218 to second reading. Motion was seconded by Kelly and carried by unanimous vote. MR. ED TUNIS, 73-820 Grapevine, asked for clarification of this item, and Mr. Diaz responded that this was first reading of an ordinance setting a uniform speed limit of 25 miles per hour on Grapevine Street. B. PRESENTATION OF PLAQUE OF APPRECIATION TO MR. HANK STOKES FOR HIS SERVICE ON THE CITY'S ECONOMIC DEVELOPMENT ADVISORY COMMITTEE. Mrs. Gilligan stated that Mr. Stokes would not be able to attend a City Council meeting to receive this plaque of appreciation. She suggested that one of the Councilmembers perhaps take Mr. Stokes to lunch and make the presentation at that time. With Council concurrence, Mayor Pro-Tem Snyder and Councilman Spiegel were asked to meet with Mr. Stokes, perhaps take him to lunch, and present the plaque to him at that time. C. PRESENTATION BY NATIONAL ASSOCIATION OF CHIEFS OF POLICE. Captain Herb Cranfill, representing the American Police Hall of Fame, presented to Riverside County Sheriff Deputy Brent Conley an honor award for distinguished achievement in public service in recognition of his great service to the community, his great leadership, and his dedication and devotion to duty. He also presented a Legion of Honor medal to Deputy Conley and congratulated him on these awards. D. REOUEST FOR AMENDMENT TO THE APPROVED SIGN PROGRAM FOR RALPH'S IN THE DESERT SPRINGS MARKETPLACE, Case No. 4234SA Amendment (Heath and Company, Applicant). Mr. Diaz noted the report and recommendation in the packets and stated that Mr. Drell was available to answer any questions. Councilmember Benson stated she had gone out to look at the sign and could see no reason for the change. If anything, smaller signs were needed on the west end of the building. Mr. Drell noted that the proposal was for illuminated channel letters with halo lighting around the border of the sign, and the red of the Ralph's sign would not be seen. Councilman Kelly stated that it seemed that although what they were proposing was easier to read, there would be no change as far as the effect on people driving by; if this helps Ralph's and does not change the effect, he felt Council should approve the request. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING arc r d+fBER 14, 1995 s s s s s s s s* *** s s s s * * s * s s s s s s s s * s s s* s« s s* Councilmember Benson stated that the change would make the sign brighter. Mr. Drell added that the halo lighting off the tile creates a fuzzy look. He said the red would disappear, and the sign would look like other halo lit signs. Councilman Spiegel stated that if the size remains the same and the request has been approved by the Architectural Review Commission, he would vote for approval. Councilman Spiegel moved to, by Minute Motion, affirm the recommendation of the Architectural Review Commission and grant the amendment to the sign program, subject to the conditions delineated by the ARC in its August 8, 1995, decision. Motion was seconded by Kelly and carried by a 3-1 vote, with Councilmember Benson voting NO. E. REQUEST FOR CONSIDERATION OF DESERT CROSSING OFFER OF DEDICATION OF PARCEL 10 OF PARCEL MAP NO. 27925 ORIGINALLY PLANNED FOR A CHILD CARE SITE (Lowe Enterprises, Inc., Applicant). Mr. Diaz noted the report in the packets. He said if the recommendation was adopted and staff instructed to record the deed, along with that Minute Motion would be an understanding for the record that acceptance of that parcel was consistent with the City's adopted General Plan. Mr. Drell added that staff would also like for Council to direct the Mayor to send a letter to Lowe Enterprises thanking them and accepting the donation. Upon question by Councilman Spiegel, Mr. Drell responded that the City can do whatever it wants with this parcel with the exception of providing some competing commercial use to the Center. He said there were basically no strings attached. Councilman Kelly said he felt this would be another opportunity down the line since the City is always looking for space to do something, and this is a key location. He said he would be inclined to accept the gift with thanks and hold onto the parcel until we need it. Councilmember Benson agreed and said she felt the City might want to do something with some of its money for a child care center and perhaps work with the YMCA to have more of a City child care center than a private center. Councilman Kelly added that there were also other types of uses such as museums, educational, Historical Society, etc. Councilman Kelly moved to, by Minute Motion, accept the offer of dedication, direct the City Clerk to record said deed, and direct the Mayor to send a letter to Lowe Enterprises thanking them for this offer of dedication. Motion was seconded by Benson and carried by unanimous vote. 11 1bIINUTFS REGULAR PALM DESERT CITY COUNCIL MEETING ,r r i I a+I BER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Spiegel. F. CONSIDERATION OF REOUEST FOR APPROVAL OF TEMPORARY OVERSIZE "FOR LEASE" SIGNS AT DESERT CROSSING (Lowe Enterprises, Inc., Applicant). Mr. Diaz noted the report in the packets and staffs recommendation to deny the request. He offered to answer any questions. Councilman Spiegel questioned the need for a bigger sign since the shops are almost all leased. Mr. Drell responded that that was part of the applicant's argument, the perception that they are almost all leased and as a result they feel they are not getting inquiries. He said under the City's ordinance, they were allowed three feet. While 40 square feet might be excessive, he said the problem was that three probably did them very little good at all. Councilmember Benson said the "For Lease" signs can be seen from every angle on Highway 111, and she felt the signs were big enough now. She said the next thing was that the merchants would all want bigger signs. Councilmember Benson moved to, by Minute Motion, deny the request. Motion was seconded by Councilman Kelly commented that his inclination was to help everyone we can to get their buildings leased. Councilman Spiegel stated that if the Council did this for this center, it would have to do it for everyone, and then the Council might as well take a look at its whole sign program. Councilman Kelly said his feeling was in order to allow them to get their buildings filled, the Council should allow a little more signage in those vacant buildings until they can get them leased. He said in looking around town, some people don't ask permission and just do it. He said if the Council is going to deny this one, it needs to look at the rest of the City and take care of the ones that have not asked permission. Mayor Pro-Tem Snyder called for the vote. Motion carried by a 3-1 vote, with Councilman Kelly voting NO. G. REOUEST FOR CONSIDERATION OF PROPOSED TRAFFIC SIGNAL FOR COLLEGE OF THE DESERT'S ENTRANCE ALONG FRED WARING DRIVE. Mr. Diaz stated that staffs recommendation would be to continue this matter to the meeting of September 28, 1995. Councilman Spiegel moved to continue this matter to the meeting of September 28, 1995. Motion was seconded by Kelly and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL Mr r, i ut1G i,r.L+BER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. INFORMATIONAL ITEMS: 1. Colony CableVision of California Update. Mr. Diaz noted the report in the packets relative to cable complaints received for the period from August 16 through September 5, 1995. 2. Update on Interchanges: a. I-10/Washington Street b. I-10/Cook Street c. I-10/Monterey Avenue Mr. Folkers stated that with regard to the I-10/Washington Street, the City was currently under the environmental design engineering aspects of that project. He said there would be eight different phases for construction of that interchange. Staff will be coming to the Council at the next meeting relative to advanced right of way purchase. With regard to the other two interchanges, he said bids were originally to be opened on September 12th; however, based on concerns by contractors, the bid date was changed to Wednesday, September 20th. 3. All -Weather Bridge - Monterey Avenue at Whitewater Storm Drain Channel - Baseline Schedule (Project No. 696-95). Mr. Folkers reviewed the staff report and schedule. He noted that staff was originally told the construction would take 14 months, but the contractor was hoping to shorten overall construction to ten months. He added that he was working with City Clerk Sheila Gilligan to set up a groundbreaking in the near future which would involve the Palm Desert City Council, the City of Rancho Mirage, and other appropriate officials. 4. El Paseo Median Landscaping. Mr. Tom Theobald, Maintenance Services Manager, stated that staff was in the process of improving the medians on El Paseo between Portola Avenue and Highway 74. He reviewed the proposed plans and showed a rendering of the landscaping. He noted the colors would be red, white, and blue to complement the Golf Cart Parade's theme of "Salute to America". Upon question by Councilmembers Kelly and Benson, Mr. Theobald responded that the El Paseo Merchants' Association had not seen the renderings. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING brae z gA+ZBER 14, 1995 s** s s s* s s s* * s s s s s s * * * * * * s s * s• s s s* s s s* s Mr. Folkers stated that staff could take this information to the next El Paseo Merchants' Association meeting. Council concurred. 5. Report Relative to Palm Desert Building Fees. Mr. Conlon stated that the Desert Sun newspaper would be printing a corrected article either on Friday or in the weekend edition correcting the erroneous figures in an article that appeared on Labor Day. He said the information was outlined in a memorandum previously sent to the City Council. Councilman Kelly stated that the information sent to him by Mr. Conlon satisfied him. At the request of Councilman Spiegel, Mr. Conlon explained for the benefit of the audience that the Desert Sun had printed that the City of Palm Desert had some of the highest building permit fees in the Valley. He said in reality, the City of Palm Desert's building permit and plan check fees were adopted in 1981 and had not changed since that time, and the City had some of the lowest figures in southern California. Councilman Kelly stated that the gist of the article to him was that cities were making money on building fees. He said the most important thing to him was to look at Palm Desert's building fees and make sure that we are not making money on them. NOTE: THE FOLLOWING ITEM WAS INCLUDED ON AN AGENDA ADDENDUM POSTED ON MONDAY, SEPTEMBER 11, 1995. I. REQUEST FOR APPROVAL OF CHANGE IN THE PALM SPRINGS DESERT RESORTS CVB JOINT POWERS AGREEMENT (CONTRACT NO. C03400). Mr. Diaz stated that with City Attorney concurrence, staff would recommend that the Council, by Minute Motion, approve the changes. Councilman Kelly moved to, by Minute Motion, approve the change in the Joint Powers Agreement with the Palm Springs Desert Resorts Convention and Visitors Bureau. Motion was seconded by Spiegel and carried by unanimous vote. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF STATUS OF PEOPLE MOVER GRANT EFFORT (Continued from the Meeting of August 24, 1995). Mr. Diaz noted the report in the packets from Management Analyst Ray Janes. He said staff felt the City should discontinue further study in this area; however, staff felt The Goodman Corporation should complete the Major Metropolitan Investment Study (MMIS) and identify 14 MINUTES REGULAR PALM DESERT CITY COUNCIL. bumiu1G err iii+1BER 14, 1995 « « « « « « * « « * * * « « « « * * * « « * * « « « « « * « « « « * « « « « the People Mover as the preferred alternative at this time but that we not be included in the 1996/1997 Transportation and Improvement Plan and that upon receipt of the MMIS that we conclude the current contract. Councilman Kelly stated that he felt the Council all agreed that if we can somehow bring about a People Mover in the City of Palm Desert, whether it is this intensive or not, that it would be a good thing. He said the City had invested a lot of money in that effort, and he felt it would not be proper to make a decision without knowing what amount of money we are taking about in moving ahead. He noted he had asked Barry Goodman to provide some information on how much we are talking about. He said after receiving information faxed to him today, he felt the City should continue its efforts and look for alternatives but hopefully not invest any more money. He asked that the Council not make a decision at this time but that the letter he received be referred to staff for review. Councilman Spiegel moved to continue this matter for an indefinite time. Motion was seconded by Benson and carried by unanimous vote. B. CONSIDERATION OF ISSUES AND CONCERNS RAISED BY HOMEOWNERS ON HAYSTACK ROAD RELATIVE TO THE EAST END OF HAYSTACK ROAD AND IRONWOOD PARK (Continued from the Meeting of August 24, 1995). Mr. Folkers reviewed the staff report, noting the efforts made to date to clean up the area and work with residents. He said staff anticipated the work would be completed in the next day or so, and he said he understood the area would look the way residents want it to be. Councilman Spiegel moved to, by Minute Motion, authorize staff to work with the contractor to proceed with the necessary cleanup in accordance with the field review completed on August 30, 1995. Motion was seconded by Kelly and carried by unanimous vote. C. REQUEST FOR APPROVAL OF 1996 COMMUNITY CALENDAR, CONTRACT NO. C10200 (Continued from the Meeting of August 24, 1995). Mr. Diaz noted the report and contract in the packets. Councilmember Benson asked whether the agency would be able to include an area on the bottom of each calendar page for people to write notes. Mrs. Gilligan responded that staff had spoken with them, and they would be able to do that. In addition, she said the photographs would be high resolution and glossy; this would not affect the bid. She added that this item had been continued at the request of the Mayor who had concerns relative to the criteria used. She said she had met with each of the Councilmembers and explained the criteria; she felt those concerns had been resolved, including some suggestions from Councilmember Benson, which the firm had agreed to do. Upon question by Councilman Kelly, she responded that the members of the Calendar 15 MINUTES REGULAR PALM DESERT CITY COUNCIL bir r. a LAG Er r i =A BER 14, 1995 s s s s s s * s s * * * s s s s s s * s * s s * * * s s * s s s s s s s s s Committee were as follows: Planning Commission Chairman Sabby Jonathan, Civic Arts Committee Chair Janet Brody, Architectural Review Commissioner Ron Gregory, Promotion Committee Member Elizabeth Green, Pat Mitchell of the Palm Desert Chamber of Commerce, Larry McAllister, Catherine Sass, and herself. Councilman Spiegel moved to, by Minute Motion, approve Contract No. C10200 in the amount of S28,914.71 plus 1O% contingency to Conner Enterprises, Inc. for the production of the 1996 Community Calendar. Motion was seconded by Kelly and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF LOW POWER RADIO STATION. Public Safety Manager Ken Weller reviewed the staff report. He noted that this would be a three prong approach, with the City, the Chamber, and the Palm Desert News Bureau on a weekly basis updating the information on the radio station. He said the station would be located at the City of Palm Desert because it was felt this would be the best coverage area. He played a five-minute demonstration tape simulating what might be heard over the station. Upon question by Councilman Kelly regarding how to get the word out so that people know about the station and listen to it, Mr. Weller responded that signs would be placed on the outskirts of the City where the listening area begins and also throughout the City. He added that this listening area was approximately five miles and would go from Mesa View on the south to Country Club on the north, Bob Hope Drive on the west to Eldorado on the east. Councilman Kelly suggested that information also be included in the calendar and the City newsletter. Mr. Weller added that staff would be able to update information by telephone if necessary and that there would also be the capability to go live. He said he would be responsible for getting this station up and running, for putting information on the station, and for getting other people to put information on the station. Upon question by Councilman Spiegel, Mr. Weller stated that it was his understanding that Palm Desert was the first city in the Coachella Valley to have this type of radio station. Councilman Spiegel stated that it might be fun once the station is up and running to have some type of giveaway to see how many people are actually listening to it. Councilman Spiegel moved to, by Minute Motion: 1) Appropriate from the unobligated General Fund Reserves $11,265.20 for a low power radio station for Account No. 110-4260-422-4045; 2) approve the purchase of the low power equipment from Information Station Specialists, a sole source provider, 3) authorize staff to obtain a local vendor to install the radio equipment (included in the total cost). Motion was seconded by Benson and carried by unanimous vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL 111.r e, i u'iG br r r =+ BER 14, 1995 * * * s s s s s• ****s• s s s * * * s s s s s s s• s s s•* s* s s B. CONSIDERATION OF REOUEST FROM PALM SPRINGS MAYOR PRO-TEMPORE ARTHUR LYONS FOR FINANCIAL ASSISTANCE IN FUNDING A PROPOSED ELECTRICAL DEREGULATION PROGRAM. Mr. Bob Stranger, Southern California Edison Regional Manager for the Coachella Valley, said the pending deregulation of the electrical industry was an item of great importance to the Edison Company. He said they were interested, optimistic, and encouraged by the events leading up to deregulation of their industry and provide consumers a choice of energy providers. He said the Edison Company was working with a number of interested parties and CVAG's Energy and Environment Committee and the Rate Committee to look at the entire range of elements that affect electric rates, electric bills, service, and opportunities in a deregulated industry. He suggested that the Council consider an alternative r. , 1 to the recommendation on the Agenda to approve the request and �.,�.. �2. ate $1,000 and instead contribute the funds to the program that will soon be done by CVAG's Energy and Environment Committee, and Edison would match that contribution. That way we can have a real thorough exploration of that issue. He added that Council might also consider deferring action on this item until Mayor Crites is able to be in attendance. MS. LYNNE NEUMANN addressed Council and stated that last week the City of Rancho Mirage voted this donation down, and Mayor Parrish suggested that if any money goes into this that it go into CVAG because it will cover the entire Coachella Valley. Councilman Spiegel stated he felt the matter should be continued because Mayor Crites is not here at this meeting. Council agreed. Councilman Spiegel moved to continue this matter to the meeting of September 28, 1995. Motion was seconded by Kelly and carried by unanimous vote. RIII. REPORTS AND REMARKS A. CITY MANAGER 1. REQUEST FOR APPROVAL OF SUBSTITUTION OF ELLIPTICAL PIPE FOR ROUND PIPE ON THE FRED WARING DRIVE AND MONTEREY AVENUE STORM DRAIN PROJECT (CONTRACT NO. C07550). Mr. Diaz asked that this be added to the Agenda as an item which arose after the Agenda was posted. Councilman Kelly moved to add this item to the Agenda. Motion was seconded by Spiegel and carried by unanimous vote. Mr. Folkers noted the staff report and offered to answer any questions. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL r tr i ii'iG br r i c1& 1BER 14, 1995 * * * • • • • • • • • • • • * * * * • * * * • * • * • • * • • • * • * • * * Councilman Spiegel moved to, by Minute Motion, approve staffs request for substitution of round pipe for elliptical pipe to affect a reduction of approximately S92,000 and share the savings with the contractor. Motion was seconded by Kelly and carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at the appropriate time to consider items listed on the Agenda. He noted an error on the Agenda and stated that due to the shortness of page 11 of the Agenda, the second line had not printed showing the position to be evaluated, and it should be shown as follows: Public Employee Performance Evaluation pursuant to Section 54957 Title of Position: City Manager Rquest for Closed Session: Conference with Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(a): 1) Gonzales v. City of Palm Desert, Riverside County Superior Court, Indio Branch, Case No. 257063. 2) City of Palm Desert v. REFCO Capital Corp.. et U.S. District Court, Central District of California, Case No. CV 92-7631-RJK Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: Mr. Erwin asked that the Council add an item to be considered in Closed Session, an item which came up after the Agenda was posted. He said it should be considered under Government Code Section 54956.9(a) - Lazar v. The County of Riverside. Councilman Kelly moved to add this item to the Agenda to be discussed in Closed Session. Motion was seconded by Spiegel and carried by unanimous vote. C. CITY CLERK None 18 MINUTES _ REGULAR PALM DESERT CITY COUNCIL MEETING rr+IBER 14, 1995 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action; 1. Request for Authorization to Bid on Playground Equipment to be Auctioned at BuilderFest 1995 (Councilmember Jean M. Benson). Councilmember Benson reviewed the staff report, noting that this was the fourth BuilderFest the Building Industry Association had helped put on for the Coachella Valley Child Care Consortium. She said every year the City had looked at playground equipment constructed by builders and had determined that nothing was suitable for the Civic Center Park because it was not built to code. This year the Sunrise Company and Building and Safety Director Pat Conlon had gotten together to design and build a piece of equipment to be auctioned off at BuilderFest, and she said she would like authorization to bid on it. She described the piece as a fire engine and said it would be set up for display at the Palm Desert Town Center. Upon question by Councilman Snyder, Mr. Diaz responded that the money would come from the park fees account. • Councilman Spiegel moved to, by Minute Motion, authorize Councilmember Benson to bid up to $6,000.00 for the purchase of a piece of playground equipment to be auctioned at BuilderFest 1995. Motion as seconded by Kelly and carried by unanimous vote. o City Council Committee Reports: 1. Palm Lakes Golf Course Councilman Kelly stated he had had a conversation with one of the people involved in the Palm Lakes Golf Course. He said although we might do different types of things if the City had it, the things they will do will be beneficial to the City if they are able to complete their plan. He said he had advised that he would be happy to work with them to coordinate for the City to help make what they are working on happen and that it will be beneficial to the citizens and attract tourists to our area. 2. Councilmember Benson stated that she and Councilman Kelly had attended the CVB annual luncheon earlier that day. She said a great film had been shown regarding the State of California, and she and Councilman Kelly both felt the City of Palm Desert should have one like that. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING brr Y r./44iBER 14, 1995 « « « « « « * * * « « * « « « « « * « « « « « * « « « « * « « « « « « « « Councilman Kelly agreed and said this was the best promotional film he had ever seen and he felt maybe the City could add some of those little touches to its next video. Councilmember Benson added that the local CVB operates on a budget of a little over $3 million each year, and it received the honor of being the fifth CVB in the United States for its promotional ability. She said it also received Incentive Magazine's prestigious award today, and the magazine publisher was there to present it. She said it made her heart feel to good to know that the CVB was only six years old and had accomplished so much in going from a $1.5 million budget to a $3 million budget and that it was in competition with Hawaii, Florida, New York, New Orleans, and all the big cities. 3. Councilman Spiegel requested an update on the 111 Town Center project and the Joint Library. With regard to the 111 Town Center project, Mr. Drell stated that several weeks ago an amendment to the precise plan was filed for a major remodel of the center. He said they had advised that they are in the last stages of signing a lease for a replacement at the Marshall's site. They are tearing down some of the small space on 111 and will be building a large space for another major on Highway 111. He said they had people they were having discussions with on the other majors in that center. He said there was apparently not a shortage of national tenants who want to come to Palm Desert. He noted that he had an appointment the next day with the architect for The Gardens on El Paseo, the Sax project, who will be bringing in a submittal for architectural review of the precise plan for that center. It will be going to the Architectural Review Commission at the end of the month and possibly to the Planning Commission at its first meeting in November. With regard to the Library, Mr. Diaz stated that staff and the committee were working with the City Attorney and proceeding with establishment of a Palm Desert Library District. He said he had met with County Librarian Judith Auth yesterday and that they would cooperate in making the changeover as smooth as possible so that it would serve as a model throughout the rest of the County. He added that County Supervisor Roy Wilson had established a Library Study Group emphasizing the Coachella Valley area to look at perhaps having a Valley -wide library district. He said he and Mayor Crites had attended a meeting held in Indio with representatives from other cities and the Riverside City/County Public Library. He said Supervisor Wilson felt this should not go to CVAG at this time. He added that the primary focus at this point was to make sure the Palm Desert district is not held up. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING &r r ig.ivIBER 14, 1995 s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s XIV. ORAL COMMUNICATIONS - B None Councilman Spiegel moved to recess the meeting at 6:14 p.m. to Closed Session to discuss items listed under City Attorney Reports and Remarks. Motion was seconded by Benson and carried by unanimous vote. Mayor Pro-Tem Snyder reconvened the meeting at 7:00 p.m. XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XVL ORAL COMMUNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT OF MR. DIDIER BLOCH TO THE EL PASEO IMPROVEMENT AREA ADVISORY BOARD (Continued from the Meeting of August 24, 1995). Councilman Spiegel moved to, by Minute Motion, approve the appointment of Mr. Didier Bloch to the El Paseo Improvement Area Advisory Board. Motion was seconded by Kelly and carried by unanimous vote. B. APPOINTMENT TO ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TO FILL VACANCIES CREATED BY THE RESIGNATIONS OF HANK STOKES AND DON HEDLUND (Continued from the Meeting of August 24, 1995). Councilman Spiegel moved to, by Minute Motion: 1) Appoint Dr. Gary Lyons to Resort Residency position; 2) appoint Mr. Ignacio Del Rio to Restaurateurposition; and 3) create an alternate position and appoint Ms. Cynthia Finerty. Motion was seconded by Kelly and carried by unanimous vote. C. APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE VACANCIES CREATED BY THE EXPIRATION OF TERM OF SONIA CAMPBELL AND THE RESIGNATION OF CAROL WHITLOCK (Continued from the Meeting of August 24, 1995). Councilman Spiegel moved to, by Minute Motion: 1) Reappoint Ms. Sonia Campbell to a four-year term; 2) appoint Mr. Jim Ferguson to fill the vacancy created by the resignation of Ms. Carol Whitlock. Motion was seconded by Kelly and carried by unanimous vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING br.z i LL4IBER 14, 1995 s s s s s s s s s s s s s s s s s s * s s s s s s s s s s s s s* s s* s• D. APPOINTMENT TO ARCHITECTURAL REVIEW COMIVIISSION TO FILL VACANCIES CREATED BY EXPIRATION OF TERMS OF RICK HOLDEN AND FRANK URRUTIA (Continued from the Meeting of August 24, 1995). Councilman Spiegel moved to, by Minute Motion, reappoint Mr. Rick Holden and Mr. Frank Urrutia to new terms on the Architectural Review Commission: Motion was seconded by Kelly and carried by unanimous vote. E. APPOINTMENT TO BUILDING BOARD OF APPEALS AND CONDEMNATION TO FILL VACANCIES CREATED BY EXPIRATION OF TERMS OF ROD MURPHY AND KEN ROBERTS (Continued from the Meeting of August 24, 1995). Councilman Kelly moved to, by Minute Motion: 1) Reappoint Mr. Rod Murphy to the Building Board of Appeals and Condemnation; 2) appoint Mr. Robert Ritchey to fill the vacancy created by the expiration of term of Mr. Ken Roberts. Motion was seconded by Spiegel and carried by unanimous vote. F. APPOINTMENT TO CIVIC ARTS COMIvu i i rt TO FILL VACANCIES CREATED BY EXPIRATION OF TERMS OF JEFF COURCHAINE, SLOANE HALLORAN, SHARON SPIEGEL, AND JIM STRUCK (Continued from the Meeting of August 24, 1995). Councilman Kelly moved to, by Minute Motion: 1) Reappoint Mr. Jeff Courchaine, Ms. Sloane Halloran, Ms. Sharon Spiegel, and Mr. Jim Struck to the Civic Arts Committee; 2) move Mr. Colin Wilson to the Promotion Committee and appoint Mr. Steve Browning to fill the vacancy created by this move. Motion was seconded by Spiegel and carried by unanimous vote. G. APPOINTMENT TO PARKS AND RECREATION COMMISSION TO FILL VACANCY CREATED BY THE EXPIRATION OF TERM OF DANIEL BARNES (Continued from the Meeting of August 24, 1995). Councilman Spiegel moved to, by Minute Motion: 1) Reappoint Mr. Daniel Barnes to the Parks and Recreation Commission; 2) appoint Mr. Van Tanner to fill the vacancy created by the resignation of Mr. David Eslinger; 3) appoint Ms. Virginia Crist to fill the vacancy created by the resignation of Mr. John Marman; 4) appoint Mr. Randy Guyer and Ms. Mary Kucala as Alternates. Motion was seconded by Kelly and carried by unanimous vote. 22 MUTES REGULAR PALM DESERT CITY COUNCIL MEETING ar r tr.ABER 14,1995 « « « « « « * « « « « * « « « « « * * * * « « « « « « « * « « « « « « « « « H. APPOINTMENT TO PROMOTION COM11u 11 r.0 TO FILL VACANCIES CREATED BY RESIGNATION OF JIM LOPEZ AND EXPIRATION OF TERMS OF ALLAN NYMAN, BOB SCHOLL, AND DICK SHALHOUB (Continued from the Meeting of August 24, 1995). Councilman Spiegel moved to, by Minute Motion: 1) Reappoint Mr. Dick Shalhoub and Mr. Robert Scholl to the Promotion Committee; 2) appoint Mr. Colin Wilson to fill the vacancy created by the resignation of Mr. Jim Ferguson due to his appointment to the Planning Commission; 3) appoint Ms. Nancy Dolensek to fill the vacancy created by expiration of term of Jim Lopez; 4) appoint Mr. Fred Tretta to fill the vacancy created by expiration of term of Allan Nyman. Upon question by Councilman Kelly relative to Mr. Ferguson, Mrs. Gilligan responded that the Mayor's concern was that Mr. Ferguson has had tremendous input to the Sister Cities Committee in his capacity as Promotion Committee representative to the Sister Cities Committee. She said Mr. Ferguson was willing to serve as the Planning Commission representative to the Sister Cities Committee until certain projects are completed. Motion was seconded by Kelly and carried by unanimous vote. I. APPOINTMENT TO RENT REVIEW COMMISSION TO FILL VACANCIES CREATED BY EXPIRATION OF TERMS OF JIM AINSWORTH AND JOYCE WADE-MALTAIS (Continued from the Meeting of August 24, 1995). Councilman Spiegel moved to, by Minute Motion: 1) Appoint Mr. Bill Adams and Mr. James McCoughey to the Rent Review Commission to fill the vacancies created by the expiration of terms of Mr. Jim Ainsworth and Ms. Joyce Wade-Maltais; 2) create two alternate positions to the Rent Review Commission and appoint Mr. Jim Ainsworth and Ms. Joyce Wade-Maltais to these two alternate positions. Motion was seconded by Kelly and carried by unanimous vote. J. APPOINTMENT TO ART -IN -PUBLIC -PLACES COMM'1 l r.G TO FILL VACANCY CREATED BY THE RESIGNATION OF MICHAEL ZAKIAN (Continued from the Meeting of August 24, 1995). Councilman Spiegel moved to continue this matter to the meeting of September 28, 1995. Motion was seconded by Kelly and carried by unanimous vote. K. APPOINTMENT OF A COUNCILMEMBER TO SERVE AS A MEMBER OF THE BOARD OF THE McCALLUM THEATRE. Councilman Spiegel moved to, by Minute Motion, appoint Councilmember Benson to serve as a . member of the Board of the McCallum Theatre. Motion was seconded by Kelly and carried by a 3-0-1 vote, with Councilmember Benson ABSTAINING. Councilmember Benson noted that Ms. Nancy Dolensek of the McCallum Theatre would also be sitting on the Board of the Promotion Committee. 23 MINUTES REGULAR PALM DESERT CITY COUNCII.br r L LLIIBER 14, 1995 s s s s* s s s s s s * s s s s s s * s s s s s s s s s• s s * s s s s s s XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None XX. ADJOURNMENT Upon motion by Spiegel, second by Kelly, and unanimous vote of the City Council, Mayor Pro- Tempore Snyder adjourned the meeting at 7:15 p.m. ATTEST: SHEILA R. GILL1E AN, CITY/CLERK CITY OF PALM DESERT,,CALIFORNIA WALTER H. SNYDER, MMOR PRO TEM 24