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HomeMy WebLinkAbout1998-04-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro Tempore Spiegel convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson III. INVOCATION - Mayor Pro-Tempore Robert A. Spiegel IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Pro-Tempore Robert A. Spiegel Excused Absence Mayor Jean M. Benson Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk John Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul Gibson, Finance Director/City Treasurer Joe Gaugush, Engineering Manager John Nagus, Community Arts Manager Teresa LaRocca, Housing Programs Coordinator V. ORAL COMMUNICATIONS - A Mayor Pro Tem Spiegel welcomed Suzie Harvey, the new Chamber of Commerce Executive Director, to the City Council meeting. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. GARDEN HEPBURN, 72-915 Skyward Way, Palm Desert, addressed the Council and stated that when he purchased his home, he had made it very clear that the ability to park his mini -motor home was a top priority. He said his realtor had come down to City Hall at his request and had returned with a copy of the Vehicle Code which stated the only requirement at that time was that the vehicle be moved every 72 hours. He said while looking for a home in Palm Desert, he had noticed many trailers, recreational vehicles, boats, etc., and he thought Palm Desert was RV -friendly. He noted That during the three and a half years he had lived at this address, he had parked his motor home on the street in front of the residence and had received approximately four courtesy notices, two of which noted the 72-hour requirement to move the vehicle. He added that in November, Mr. Hart Ponder and Mr. Pat Bedrosian had come to his home and advised that someone had complained about having to walk around the parked motor home, and they offered suggestions on how to solve any future problems. He said he was encouraged to go to the Planning Department the following Monday; he did so, and Mr. Steve Smith advised that it was his feeling a permit was unlikely to be issued and that he would be in compliance simply by moving the vehicle every 72 hours. He stated that he had indicated more than once that he was willing to build something on his property that would allow this to meet the requirements. He was given a copy of the recreational vehicle ordinance and he said he could not see how such vehicles could do anything to health and safety or bring down the appearance or property values in the neighborhood. He added that he was asking for help so that he could comply with the regulations. He noted that as requested, he had come to the City and obtained a parking permit and was advised that residents are allowed six of these permits per year for a total of 18 days, 72 hours at a time. He expressed concern that if he were to construct something acceptable to the City, this would not be a very realistic time period. He said he was also given a copy of the Vehicle Code by which the City is now going to enforce the ordinance, and it indicated that "the ordinance shall not apply until signs or marking giving adequate notice thereof have been placed." He noted that he had never seen any signs in the single-family residential areas, and the ordinance appeared to be intended for commercial or multiple dwelling areas, someplace where signs can be placed. He asked that the City extend some sort of courtesy and cooperation, especially with regard to a more realistic time period to allow him to construct something on his property. MR. RICHARD CROMWELL, III, General Manager, Sunline Transit Agency, 32-505 Harry Oliver Trail, Thousand Palms, 92276, addressed Council and stated that he would like an opportunity to speak to New Business Item D relative to the renewable hydrogen transportation system for the City of Palm Desert. He said since his initial meeting with Councilman Crites several months ago, he had visited the Schatz Energy Research Institute in Humboldt with Economic Development Manager Paul Shillcock. He said he had met with the hydrogen team and had seen the car which was a shiny red and should be available for the Council to see in the next few weeks. He said as word got out that there was conversation that perhaps the hydrogen production facility would be moved to Sunline, he had received a telephone call from the Air Quality Management District (AQMD), and it appeared that the Clean Air Now project, currently located in El Segundo, California, at the Xerox facility, was also being asked to relocate. He said the AQMD felt it might be interesting to bring this together with the Schatz hydrogen unit and make it a really interesting project. He said as a result of these conversations, he had attended the 9th Annual Hydrogen Conference in Vienna, Virginia, 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and was able to meet the hydrogen community. He also had an opportunity to meet with two deputy secretaries of the Department of Energy who were very enthusiastic with both the presentation and the team (consisting of the Clean Air Now team, the Schatz team, Palm Desert's representative, Sunline, and Sunline Services Group). As a result of that positive meeting, Sunline hosted a meeting of the project team that works riot only with the Schatz research group but also with Clean Air Now. He said the Department of Energy was working toward bringing Schatz to Sunline, bringing Clean Air Now to Sunline, maximizing the amount of hydrogen that can be produced by both projects, with that hydrogen keep Palm Desert fueled with its own fueling station, reactivate the Palm Springs Airport project on hydrogen and other related things at the airport yet to be determined, and begin the process of mixing hydrogen with compressed natural gas (15 % hydrogen to natural gas). He said he had flown to Montreal to look at two buses that Frank Lynch and company had put together with a French consortium, and they had made a very attractive offer to take over that project which would tie in with the whole fuel network. He said College of the Desert was excited because it had an opportunity to activate another training module in hydrogen. He said if Council approves the item on the Agenda, he was prepared to make a presentation to the Sunline Board. He added that the bottom line was that the Coachella Valley thinks the enterprise of the City of Palm Desert would become the center of hydrogen activity in the United States of America. He congratulated the City on its foresight and stated that Sunline was happy to be a small part of this. Councilman Kelly stated that the previous day at RCTC he was advised that one of the demonstration projects being funded by Congress and the Senate was $1 million for fuel cell buses for Sunline Transit Agency. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 26, 1998. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 48, 49, and 49PD Office Complex. Rec: Approve as presented. C. : ' ' : • • ‘._FQILLCOHOLT_C BEYERAGF`T.TC:F.NSR by Wok Restaurants, Inc. For City Wok, 73-040 El Paseo, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pangaea Coffee for Pangaea Coffee, 72-286 Highway 111, Suites J3 and J4, Palm Desert. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCII, MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Karl Joseph Cranford for — Wise Sports Club, 73-600 Alessandro, Palm Desert. Rec: Receive and file. F. LETTER OF RESIGNATION from Virginia S. Criste from the Palm Desert Parks and Recreation Commission. Rec: Receive with sincere regret. G. LETTER OF RESIGNATION from Wayne Connor from the Palm Desert Art -In -Public -Places Subcommittee. Rec: Receive with sincere regret. H. PORTFOLIO MASTER SUMMARY for the Period Ending February 28, 1998. Rec: Receive and file. I. MINUTES of the Investment & Finance Committee Meeting of February 18, 1998. Rec: Receive and file. J. MINUTES of the Golf Course Committee Meeting of February 9, 1998. Rec: Receive and file. K. CONSIDERATION OF REQUEST from Jim Pearce, Owner of Cove Condo Rentals, for Exemption from New Transient Occupancy Tax Paperwork Requirement for Completion of an Additional "Exemption Report". Removed for separate discussion under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. L. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee Recommendation for Funding for the Coachella Valley Trails Council. Rec: By Minute Motion, approve the Charitable Contributions/Outside Agencies Committee recommendation for funding in accordance with the 1997/98 budget for the Coachella Valley Trails Council in the amount of $3,500.00 and authorize the Mayor to execute the agreement between the City and the Coachella Valley Trails Council. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REQUEST FOR CONSIDERATION of Rescission of Contract No. C14070 and Approval of Contract No. C14330 for Haute Nites, Cool Sounds 1998 Summer Concert Series. Rec: By Minute Motion, rescind Contract No. C14070 with "Swing Savant" in the amount of $2,000.00 and approve Contract No. C14330 with singer Joannie Sommers in the amount of $2,500.00. N. REQUEST FOR CONSIDERATION of Rescission of Contract No. C14050 and Approval of Contract No. C14340 for Haute Nites, Cool Sounds 1998 Summer Concert Series. Rec: By Minute Motion, rescind Contract No. C14050 with "The New Frontier Band" in the amount of $1,000.00 and approve Contract No. C14340 with "Coyote" in the amount of $900.00. O. REQUEST FOR APPROVAL of Change Order No. 1 to the Emergency Vehicle Pre-Emption System Contract (Contract No. C12920). Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C12920 for the additional wire needed due to the eroded wire for the subject project in the amount of $4,249.44; 2) authorize the transfer of $4,249.44 from contingency to base. P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C12920 - Emergency Vehicle Pre-Emption System (Project No. 558-97). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Q. REQUEST FOR CONSIDERATION of Utility Relocations for Presidents' Plaza West. Rec: By Minute Motion, appropriate funds from the Presidents' Plaza account for utility relocations consisting of: 1) $2,410.28 to Southern California Edison (SCE) for final costs of relocation of underground vault, subject to further documentation; 2) $5,558.00 to Coachella Valley Water District (CVWD) for fire hydrant relocation. R. REQUEST FOR APPROVAL of a Contract with Culbertson, Adams & Associates for Preparation of a Focused Environmental Impact Report in Connection with the Proposed Development of a 12-Acre Parcel, "The Laliberte Property", Located between the Canyons at Bighorn and the Bighorn Institute (Contract No C14350). Rec: By Minute Motion, authorize the Mayor to execute a contract with Culbertson, Adams & Associates in an amount not to exceed $90,000 for EIR preparation to be paid from a trust deposit from property owner. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. CONSIDERATION OF REQUEST from Coachella Valley Mountains Conservancy for Funding in the Amount of $5,000.00 to Provide the City with Services and Information. Rec: By Minute Motion, approve the request and authorize payment of $5,000.00 to the Coachella Valley Mountains Conservancy for services and information and direct staff to forward the request to the Promotion Committee with authorization to include an additional amount of $5,000.00 in its budget for Fiscal Year 1998-99. Councilman Kelly asked that Item K be held for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Upon motion by Kelly, second by Ferguson, the remainder of the Consent Calendar was approved by unanimous vote of the City Council. VII. CONSENT ITEMS HELD OVER K. CONSIDERATION OF RECIFST from Jim Pearce, Owner of Cove Condo Rentals, for Exemption from New Transient Occupancy Tax Paperwork Requirement for Completion of an Additional "Exemption Report". Councilman Kelly stated that he felt if a person has the same information on his/her computer and printout as required, it did not seem right that the City would require that he/she do extra work just to accommodate the City. He said it seemed so often that government requires the private sector to do something that makes the government's job easier, and it did not matter whether the private sector spent three or four times as much time doing it. He said he wanted to make sure that this was not what the City was doing. Councilman Crites asked whether Mr. Pearce had seen this report and whether he had been given an opportunity to respond to it. He said Mr. Pearce had very specifically requested the opportunity to address the Council on this issue in his letter. Ms. Gilligan noted that Mr. Pearce was mailed an agenda and a copy of the staff report for this meeting. Councilman Kelly stated that he would feel more comfortable if staff made sure Mr. Pearce knew he had an opportunity to address the Council. Councilman Kelly moved to continue this matter to the meeting of April 23, 1998. Mr. Paul Gibson asked if he should comment on other questions or concerns of the Council with regard to this matter. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * vote. Councilman Kelly suggested that the entire matter be discussed when Mr. Pearce is at the meeting. Councilman Spiegel suggested that staff meet with Mr. Pearce in the meantime and perhaps get the matter resolved before it comes back to Council. Mr. Gibson stated that he had had a number of conversations with Mr. Pearce who basically insisted that it was his way or no way. Councilman Crites seconded the motion to continue this matter, and the motion carried by unanimous At a later point in the meeting, and with Council consensus, further discussion was held relative to this matter because Mr. Pearce had arrived at the meeting. Councilman Spiegel noted that Mr. Pearce was the owner of Cove Condo Rentals and had written the letter to the City relative to the reporting requirements. He noted that this matter had been continued by the Council to the next meeting, but he thanked Mr. Pearce for appearing to discuss this matter. Mr. Pearce, 75-715 Altamira, Indian Wells, stated that he had just received notice of this meeting because the staff report had been sent to one office and then sent to him via inter -office mail. Upon question by Councilman Spiegel, he said he had spoken with Finance Director Paul Gibson briefly via telephone. Councilman Crites asked whether Mr. Pearce had had an opportunity to read Mr. Gibson's staff report before the Council, and Mr. Pearce responded that he had done so. Mr. Pearce stated that he had been doing business in the City of Palm Desert for the last 15 years and had paid transient occupancy tax and been audited every year. He said to his knowledge, all of those audits had gone very smoothly. He said between the two companies, over $160,000 in occupancy tax had been paid. When he received the new requirements, he had asked someone on his staff to investigate it with the City, and the answer came back that he must use the new forms. He said he called Mr. Gibson and requested a meeting to sit down and work something out and was told the only recourse would be to go to the City Council. He said he had gone to great lengths to try to number code and color code the information on the new City forms versus the information on the forms produced by his computer, and he felt all of the information was there. If there was information that was missing or needed to be refined or fine-tuned or restated in some way within the limits of their capability, reason, and good business judgment and practice, he said he would certainly do his best to try and do so. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel noted a suggestion by Councilman Crites that Mr. Pearce be asked to meet with the City Manager and Finance Director to try to work this out and bring it back to the Council if this cannot be done. Mr. Pearce agreed to meet with the City Manager and Finance Director. Councilman Ferguson stated there was a suggestion that forms be given to Mr. Pearce on a computer disk. He asked if Mr. Pearce had a program that generates these reports. Mr. Pearce responded that he did have a program that generates the reports and all the data in a format that has been satisfactory to the City for years. Upon question by Councilman Ferguson, he stated that the program was called First Resort software. Councilman Crites suggested that the City's Information Systems Manager also attend the meeting with Mr. Pearce to see if something could be worked out. Mr. Gibson suggested that the auditor also attend, and Council concurred. Mr. Gibson asked if this matter could be continued for one month instead of one meeting. Councilman Crites moved to reconsider Council's previous motion and ask that this matter be continued to the meeting of May 14, 1998. Motion was seconded by Kelly and carried by unanimous vote. VDT. RESOLUTIONS A. RESOLUTION NO. 98-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENTION TO FORM THE PRESIDENTS PLAZA BUSINESS IMPROVEMENT DISTRICT, AND THE LEVY AND COLLECTION OF ASSESSMENTS, PURSUANT TO THE PROVISIONS OF PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND CALLING FOR AN ASSESSMENT BALLOT PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS WITHIN SUCH DISTRICT THE QUESTION OF ESTABLISHING AN ASSESSMENT RANGE FORMULA FOR SUCH DISTRICT AND LEVYING SUCH ASSESSMENTS FOR SUCH DISTRICT. Mr. Gibson reviewed the staff report, noting that Resolution Nos. 98-38, 98-39, and 98-40 were all related to this District. He noted the Management District Plan in the packets and stated that this involved the Presidents Plaza Parking District. He stated that when Proposition 218 came about, the City asked MuniFinancial to review all the districts to be sure the City is in compliance with Proposition 218. In its review, MuniFinancial determined that Presidents Plaza was not in compliance in the sense that a landscaping and lighting district does not normally have 95 % of its cost being trash versus being landscaping and lighting costs, and the City needed to form a new district appropriate for this. He said staff had sent to all property owners a petition and a management plan with an explanation of what the City is planning to 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do; 58% of the property owners voted in favor of this proposal. He said both a public meeting and a public hearing would be held, and property owners would receive notification of those meetings. He added that a ballot had also been sent to property owners so that they can vote prior to the public meeting. He noted that another step would be to form or use an existing committee that includes a business owner or property owner, and he suggested that the El Paseo Merchants Association be utilized for that purpose since it is already in existence and already includes business owners. He added that he had mentioned this to Association President Sonia Campbell who did not express any concerns with doing so. He offered to answer any questions. Upon question by Council, Mr. Gibson responded that negative comments had been received from two property owners. One owner felt the cost of the trash was too high and that the larger property owners were getting a higher benefit. He said staff had advised the owner that if this district were not formed, it would be necessary for each business to have its own trash bin, and this would result in approximately 200 trash bins, which would not be feasible. He said the other choice was to have an association formed by the business owners, and it would not be much less expensive than what will be provided by this district. Councilman Kelly moved to waive further reading and adopt Resolution Nos. 98-38, 98-39, and 98-40. Motion was seconded by Crites with a note that he assumed staff was letting property owners know — that if they did not wish to have this district, they could form an association and take care of this themselves. Mr. Gibson responded that staff had advised owners of the option to form an association rather than have an assessment district. Councilman Ferguson stated that he would vote in favorwithout taking a position because he was curious to see what the property owners' vote would be. Motion carried by unanimous vote of the Council. B. RESOLUTION NO. 98-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESCRIBING PROPOSED IMPROVEMENTS AND SERVICES AND APPROVAL OF THE PRELIMINARY MANAGEMENT DISTRICT PLAN REGARDING THE PROPOSED FORMATION OF THE PRESIDENTS PLAZA BUSINESS IMPROVEMENT DISTRICT, AND THE LEVY AND COLLECTION OF ASSESSMENTS, PURSUANT TO THE PROVISIONS OF PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. See discussion and action under Resolution No. 98-39. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. RP -SOLUTION NO. 98-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF THE PRESIDENTS PLAZA BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE PROVISIONS OF PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. See discussion and action under Resolution No. 98-39. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 871 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM SINGLE FAMILY (R-1) TO OFFICE PROFESSIONAL (O.P.) FOR THREE PROPERTIES LOCATED ON THE WEST SIDE OF PORTOLA AVENUE, STARTING 140 FEET NORTH OF ALESSANDRO DRIVE, Case No. C/Z 98-1. Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 871. Motion was seconded by Kelly and carried by unanimous vote. X. NEW BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE PERIMETER WALL AT THE SOUTH COURSE AT DESERT WILLOW (Contract No. C13810). Project Administrator Rudy Acosta reviewed the staff report, noting that this was a continuation of the perimeter wall recently completed at the North Course. He said four bids had been received, and the lowest bid as determined by staffs review of the submittal documents was from John Barajas Masonry, who was also the contractor who built the North Course wall. He said staffs recommendation was that the contract be awarded to John Barajas Masonry. Upon question by Councilman Spiegel, Mr. Acosta responded that Barajas Masonry was located in Bermuda Dunes. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion: 1) Enter into an agreement with John Barajas Masonry in the amount of $469,438.03 and authorize a ten percent contingency in the amount of $46,943.80 for the construction of the perimeter wall at the South Course of the_Desert Willow Project; 2) appropriate the contract amount from Account No. 400-4663-454-4001. Motion was seconded by Crites and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF PROPOSED ASSESSMENT DISTRICT AND FINANCING (JOINT MATTER WITH THE PALM DESERT FINANCING AUTHORITY) . Mr. Diaz stated that Mr. Ortega was available to answer any questions. Mr. Ortega reviewed the staff report, noting two resolutions for Council/Financing Authority consideration. He said this involved creation of a new assessment district for the project at Bighorn and also involved the hiring of certain people to proceed with the Series B bond issue for the current Bighorn project. He offered to answer any questions. Councilman/Commissioner Crites moved to: 1) Waive further reading and adopt City Council Resolution No. 98-41, initiating proceedings and making certain designations in connection with a proposed assessment district; 2) waive further reading and adopt Financing Authority Resolution No. FA-2$, making certain designations in connection with a proposed assessment district financing. Motion was seconded by Kelly and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF PROPOSED MOBILE HOME PARK CONVERSION ORDINANCE. Mr. Erwin asked that the Council consider continuing this to the next regularly scheduled meeting. He said he would like to look at this to see if there are other alternatives available. Councilman Kelly moved to continue this matter to the Council meeting of April 23,1998. Motion was seconded by Ferguson and carried by unanimous vote. D. REQUEST FOR APPROVAL OF RENEWABLE HYDROGEN TRANSPORTATION SYSTEM FOR THE CITY OF PALM DESERT. Mr. Diaz noted the report and staff recommendation in the packets and stated that Economic Development Manager Paul Shillcock was available to answer any questions. Councilman Ferguson asked whether the City Manager was satisfied with the answers he got in his memorandum of April 2, 1998. Mr. Diaz responded that he was satisfied. 11 MIN U1ra REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson asked what the concern was with regard to Blurock. Mr. Diaz responded that his concern was to make sure the City is not overpaying for the work that was done, and there was still a question as far as he was concerned. However, he said staff would like to proceed with this approval. Councilman Spiegel asked whether staff would recommend approval, with the funds to not be expended until the concern with Blurock is cleared up. Mr. Diaz agreed. Councilman Kelly moved to, by Minute Motion: 1) Authorize the hydrogen generation facility, per the contract with South Coast Air Quality Management District, to be sited at the Sunline Transit Agency facility in Thousand Palms, California; 2) appropriate $200,000.00 from unobligated reserves to cover costs pursuant to the contract with South Coast Air Quality Management District (Contract No. 960551), subject to the City Manager's release. Motion was seconded by Ferguson and carried by unanimous vote. Councilman Crites stated that he felt it was appropriate to extend congratulations to City staff. He said had the City not started this program, there would have been nothing for Dick Cromwell of Sunline Transit Agency to add on to. He said congratulations should go to City staff for its persistence in getting this accomplished. E. TNFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Monterey Avenue Mr. Diaz stated that the interchanges were proceeding on schedule. 2. Progress Report on Retail Center Vacancies Mr: Drell stated that the Business Support Manager had an update on the leasing activity at the Gardens of El Paseo. Ms. Ruthann Moore addressed the Council and stated that staff felt since we are approximately six to seven months out for the opening of this property, it should update the Council on the leasing activities. She distributed and reviewed a site plan showing signed leases for the stores highlighted in yellow (on file and of record in the City Clerk's Office), including Ann Taylor, Thomas Kinkade Galleries, Johnson & Murphy, Talbots, Tommy Bahama's Tropical Cafe & Emporium, Brooks Brothers, Davinci, Bennetton Sports System, Eddie Bauer, Williams Sonoma, BB1, Watch Your Wrist, Banana Republic, Sammy's Woodfired Pizza, and Sullivan's Steakhouse. She said the total square footage for executed leases was 69,335 square feet. She noted that areas highlighted in pink were leases out for signature and were 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * currently off the market for any other negotiation while leases are pending. She said the square footage total for leases out for signature was 33,431 square feet. She said this amounted to a total square footage for specialty area leasing of approximately 150,000 square feet, with 102,766 square feet now in play. She added that a tenant coordinator had been hired and had met with her and Mr. Drell to begin bringing appropriate information to the City for building individual stores. She noted that plans were to have a site manager hired by the summer to be at the location, and the Saks opening was scheduled for November. She offered to answer any questions. 3. Progress Report on Utility Deregulation Mr. Wohlmuth stated that on April 10, 1998, discussions would continue with Imperial Irrigation relative to the JPA. He added that a meeting was scheduled for April 13, 1998, relative to the Cove Commission's work, and there would be eight firms submitting proposals for the Cove Commission aggregated load. He offered to answer any questions. XI. CONTINUED BUSINESS None XII. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF DE ANZA WAY NEIGHBORHOOD TRAFFIC CONTROL PLAN. Mr. Gaugush noted the report and recommendation in the packets. He stated that, to date, no significant change had been noted in traffic conditions along De Anza as a result of the installation. He said two responses had been received, one in favor and one in opposition, and that reduction in speed along De Anza had been insignificant. He added that at this point in time, it was staffs intent to seek additional input from residents through a mailing campaign. Councilman Kelly moved to receive and file the report. Motion was seconded by Crites and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Update on 911 Dispatch Center. Mr. Diaz stated that updates relative to the 911 Dispatch Center would be given to the Council during the police briefings held prior to the first City Council meeting 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * of each month unless something comes up between those meetings that needs to be reported to the Council. NOTE: THE FOLLOWING TWO ITEMS WERE LISTED ON AN AGENDA ADDENDUM AND POSTED 72 HOURS PRIOR TO THE MEETING. 2. Report and Request for Relocation of Parkview Office Building Conference Room. Mr. Diaz stated the Mr. Conlon was available to answer any questions the Council might have. He noted the report from Mr. Conlon in the packets. Mr. Conlon reviewed his report and stated that the previous Friday he met with Councilmen Ferguson and Kelly, Kelly Kennedy of CVAG, Mr. Diaz, and Interior Designer Leigh Ann Vuksic relative to this conference room. He said an idea was suggested at the meeting to look at the existing space next to the current conference room. He said this was a vacant, unimproved space that has never been leased out in the building, with a square footage of approximately 1,300 square feet, and he felt it would be a superior solution to the existing conference room which was a difficult shape to furnish. He said he had spoken with a contractor at the request of Mr. Diaz to see what it would cost to improve the existing vacant space. Mr. Doug Wall estimated that it would cost approximately $25,000. He said Mr. Diaz had also asked him to put together four different levels of interior designed furnishings for the space, and this was done by Leigh Ann Vuksic. He asked for Council's direction in this regard and stated that staffs recommendation would be to improve the new space. Councilman Ferguson stated it was his understanding that levels one through four included wall coverings, cabinets, and carpet in addition to the furniture, and Mr. Conlon agreed. Councilman Ferguson asked whether these figures were for the total cost of improvements, not just levels of furniture prices. Mr. Conlon responded that levels one through four included furniture, wall coverings, and floor coverings; however, it was still necessary to do basic improvements such as the ceiling, electrical, etc. in the amount of approximately $25,000. Councilman Spiegel questioned the square footage of the current conference room and said it looked to be a little less than the unoccupied space. Mr. Conlon responded that he would find out what the square footage is. Councilman Spiegel asked if it would be difficult to lease the conference room since it is a difficult shape. Mr. Conlon responded that he felt it would be difficult to lease. Councilman Ferguson stated that there were two major tenants in the building who use the conference room. He said the largest commercial tenant there, CMA, a health care marketing firm, conducted classes in the conference room. He said the 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmembers had all been to CVAG meetings and were familiar with the configuration of the conference room. He said a lot of the problems encountered had been in converting the conference room from a classroom use to the CVAG use and moving the tables, which in turn has destroyed the carpets. He said he and Councilman Kelly spoke with representatives of CVAG about using the larger conference room for CVAG purposes and having it available on a joint access with the City of Palm Desert for overflow conference space. He said Councilman Kelly mentioned the option of exchanging that for possibly a 20-year lease with CVAG to make sure they stay in the building and enjoy those improvements, and the City enjoys the benefit of having its regional form of government in the City of Palm Desert for a long time to come. He noted that CVAG Executive Director Corky Larson had indicated she would trade all the improvements just to be able to have a room large enough to comfortably seat all the City Managers, all the different representatives from the City, and members of the public all in one room. He said he felt whatever level of furnishings the Council chooses, it will make the existing commercial tenant very happy by using that space for a classroom. Councilman Spiegel stated that the original concern was the amount of money that was going to be spent on the furnishings, and now the amount is higher. He asked when the current CVAG lease would expire. Mr. Gibson responded that his recollection was that it would expire in five years. Councilman Kelly stated that he felt the City could use the income we have from the building to do this kind of work. Councilman Spiegel asked if it would pay for itself, and Councilman Ferguson asked whether revenues from this building would pay for these improvements over time. Mr. Gibson responded that the revenues from the building totalled approximately $320,000 per year. Councilman Crites stated that if the City is going to try make sure CVAG and other agencies make a long-term commitment to this, it seemed that the City should make a long-term commitment to the quality of what goes in the conference room. He said it would get a lot of use, and people would use it just as they do furniture in any public place. He said he felt level three seemed to be the best without going to leather chairs. Councilman Kelly stated that the existing conference room was provided for all of the tenants, but the new conference room would be exclusively used by CVAG and the City of Palm Desert. He said that would also provide the opportunity to take much better care of the furniture. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel asked if CVAG would be charged any additional rent. Councilman Kelly responded that he felt there should be no additional rent because this would provide a nice conference room for the City to also use. In addition, it would be an advantage to keep CVAG in this location and will save on time and gasoline when attending meetings. Councilman Crites stated he felt the City had an obligation as the host city for CVAG to provide this at a level which other cities would be asked to do if CVAG was housed within their jurisdiction. He suggested coming back within a specific time period to see how much use the existing conference room actually receives; if it is not being used much, then the Council could look at renting it. If it is getting a lot of use, then perhaps the Council will do something else. Councilman Ferguson stated that he felt it was also an issue of fairness to the other tenants because one of the perks given to all tenants in that building was use of the conference room; however, between CMA and CVAG there was, for all practical purposes, no alternate time to use it. He said the Council would actually be making this available to all tenants as promised. In terms of paying for the space, he said if we could lock up CVAG under a long-term lease and guarantee they will stay in Palm Desert, and add up all the trips the Council would save just being able to walk across the parking lot instead of having to drive to another jurisdiction, there was enough benefit there for him. Councilman Spiegel asked if part of the recommendation would be that the CVAG lease be extended for 20 years. Councilman Ferguson responded that the recommendation would be that a long-term lease is negotiated with CVAG. Mr. Diaz asked if Council wished for staff to proceed after an agreement is reached for the extended lease or simultaneously. Councilman Spiegel stated he would like this to be done after securing a minimum 20-year lease with CVAG. Councilman Kelly moved to, by Minute motion, direct staff to discuss this matter with CVAG and then proceed once a satisfactory long-term lease is reached. Councilman Spiegel asked what would be considered a satisfactory long-term lease, and Councilman Kelly responded that it would be brought to the Council to determine the number of years. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated that staff would begin this process and hold the other contracts pending Council's approval. Councilman Kelly suggested that he and Councilman Ferguson go with staff to discuss this matter with CVAG Executive Director Corky Larson. Motion was seconded by Ferguson and carried by unanimous vote. 3. Report and Request as a Result of the Desert Willow Golf Resort Course Tour. Mr. Acosta reviewed the staff report, noting that the Council met the previous Thursday to walk the desertscape portions of the Desert Willow North Course to review the conditions of the desertscape. He said there had been a number of discussions as to problems that had occurred during the first year of operation, what the specific problems were, what some of the remedies were that were applied, what were some of the continual problems that needed to be addressed, and what the desired look should be. He said it was agreed that what was not being sought was a finely manicured look and that instead what was desired was to create the desertscape and allow the desert to do its thing. He said there had been some misunderstanding and misinterpretation of that direction with respect to what had been communicated to the maintenance staff for the operator. He said it was now understood that from now on, it was desired that the desert would be able to propagate itself. In other words, if pods from the mesquite trees fall, they are left where they fall, and the same would hold true for occasional broken cane, an occasional broken arm from a cholla, etc. Councilman Ferguson stated that the human damage done would be repaired, and Mr. Acosta agreed and said trash would be picked up and cart damage repaired immediately. Councilman Ferguson stated it had been brought to his attention that the perimeter landscaping was altogether wonderful and delightful and a rather attractive magnet for theft by landscapers who see a cheap opportunity to get a nice specimen in connection with the project. He asked if any measures had been taken to try to minimize the prospect of such theft. Mr. Acosta responded that no such measures had been taken. He said the desert look had been limited to the high impact areas. He added that discussions had been held relative to ongoing security patrol in the area and that we would be taking over the perimeter at the end of May and would have to have either their presence or the presence of an independent contractor at that time. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that it was nice to see the information from Bighorn Country Club because the gist of what the Council was receiving said that the desertscape was becoming more expensive per acre to maintain than the turf. He said it was nice to see that Bighorn, which had had a number of years of experience, had desertscape which cost approximately twenty percent per acre of what their turf area cost. He said he wanted to make sure people do not start to think that desertscape is a more expensive proposal than turf but that they understand it is tremendously less expensive in maintenance, water use, fertilizer use, etc. Councilman Spiegel asked whether this was just an informational item or if staff was requesting specific Council action. Mr. Diaz responded that staff was requesting consensus of the Council relative to the level of maintenance of the landscaping. Councilman Crites moved to, by Minute Motion, approve the "natural look" desertscape rather than a specimen look for Desert Willow Golf Resort. Motion was seconded by Kelly and carried by unanimous vote. With Council concurrence, additional discussion relative to Consent Calendar Item K was held at this time. Please see that portion of the Minutes for discussion and — action. B. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time for the items shown on the City Council Agenda and Redevelopment Agency Agenda. 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Request for Closed Session Conference with Real Property Negotiator pursuant to Section 54956.8: a) Property: Lease Property - Parkview Professional Office Buildings, 73-710-720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: City of Palm Desert/Paul S. Gibson, Finance Director Property Owner: City of Palm Desert Other Parties: Eagle Crest Energy/Arthur W. Lowe, President Under Negotiation: _x. Price Terms of Payment 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * b) Property: 7.5 acres at the southeast corner of Portola Avenue/Silver Sands Way Negotiating Parties: Agency: City of Palm Desert/Phil Drell, Director of Community Development Property Owner: City of Palm Desert - Other Parties: Damone, Inc./Tim Bartlett, U.S. Home/Mark Pearce Under Negotiation: Price Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632 b) City of Orange, et al. V. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC106461 Significant exposure to litigation pursuant to Government Code Section 54956.9 (b): Number of potential cases: C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Request from Richard Milanovich, Chairman of the Tribal Council of the Agua Caliente Band of Cahuilla Indians, for Resolution in Support of Tribal Self -Sufficiency and Economic Development (Mayor Jean Benson) . Mr. Erwin stated that the Council had a policy that it see both sides of an issue, and he asked that Council allow him time to look at this proposal. He said the proposal questioned the Pala Compact which was approximately 150 pages in length. He said he would need some time to review this and respond to the Council. Councilman Spiegel stated that CVAG had received this addition to the Executive Committee Agenda requesting CVAG's support of a Tribal resolution. The decision was made at CVAG that each city would take this back to their respective Councils for consideration. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson stated that he had begun looking into this. He said the Pala Compact was 135 pages long, and he had not yet had a chance to read it. He showed a statement from the Governor and stated that it seemed very reasonable when you read it but that it contrasted with the statement from the Indian tribes which also seemed reasonable when you read it. He said for the Council to be thrown into a position of choosing between the Governor and the local tribes by initiative and sending it to all the members of Congress by way of resolution required more time than had been given to it so far. Councilman Crites moved to continue this matter to the meeting of May 14, 1998. Councilman Ferguson asked if the City Attorney could provide an estimated cost on providing the analysis. Mr. Erwin responded that he would have this information for the Council at its next meeting. Councilman Ferguson asked whether the Council should be spending taxpayers' money to consider affairs of the State and the Federal government which really do not concern the citizens of Palm Desert. Councilman Spiegel disagreed and said he felt this did concern the citizens of Palm Desert. He said the tribes are reaching out their hands to become a bigger part of the community. He said the tribes were part of and becoming an economic force in the Coachella Valley. He added that he felt the City should be supportive of the tribes wanting to become part of the Coachella Valley. He noted that one of the items to be considered at the next CVAG meeting was the issue of whether the tribes should become an ex-officio member of CVAG, attending the Executive Committee, Transportation Committee, etc., so they know what is going on in the Valley and CVAG knows what their plans are. Councilman Ferguson stated that his point was that the tribes were in a very complex legal argument with the State of California, and the City is being asked to be in on that argument at considerable cost and attorney time to analyze and understand the document. He suggested that the City take the position that this is between the tribes and the State, that the City wishes the tribes well, but that the Council feels it is inappropriate for local taxpayers' dollars to be contributed to this. Councilman Ferguson moved to continue this matter to the meeting of April 23, 1998, and ask the City Attorney to prepare a supplemental report relative to the estimated cost to do this. Motion was seconded by Kelly and carried by unanimous vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Consideration of SB1851 Councilman Kelly asked that this be added to the Agenda as an emergency item because the committee hearing in Sacramento will be held before the Council has another meeting. Motion was seconded by Crites and carried by unanimous vote. Councilman Kelly stated that SB1851 was the legislation that would allow the Riverside County Transportation Commission to reorganize, with every city in the County to have a representative. He said all five County Supervisors would also be represented. He noted this had been supported by the CVAG Executive Committee, by RCOG Executive Committee, and by Riverside County Transportation Commission. He asked that the Mayor be directed to write a letter of support of this legislation and mail it to Senator Kopp and Senator Kelley. Councilman Ferguson asked whether there was any opposition to this bill. Councilman Kelly stated that the City of Riverside had taken a neutral position but that all of the cities were very much in support. Councilman Kelly moved to, by Minute Motion, direct the Mayor to send letters to Senator Kopp and Senator Kelley in support of SB1851. Motion was seconded by Crites and carried by a 3-0-1 vote, with Councilman Ferguson ABSTAINING. o City Council Committee Reports: 1. Councilman Crites stated that several months ago Council asked that staff look through last year's award -winning ideas from the League of California Cities that were published in Western Cities magazine and to bring back several that were felt might be worthy of implementation. Mr. Diaz stated that he would try to have a report back to the Council at its next meeting. 2. Councilman Ferguson stated that he liked the Council tracking list and being able to see what the staff follow-up is. He said it had been invaluable in letting Council know the hard work staff is doing. However, he said several meetings ago Councilman Crites noted the distinction in geographical limitations for the State of California being a triggering point for reporting travel on behalf of the City's employees was artificial and ineffective. He said he thought Council had given direction at the time that members be apprised monthly of all employees traveling out of the area. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel agreed and said his understanding was that the report was to have been for overnight travel. Mr. Diaz stated that it had been his understanding that this was to be for out of State travel. Mrs. Gilligan asked if this was to be for out of State travel for staff only or if it was to include Council also. It was Council's concurrence that this report be for out of State overnight travel for staff and Council. Councilman Crites moved to adjourn the meeting at 5:20 p.m. to Closed Session to consider items listed on the Agenda, said Closed Session to be held following consideration of the Redevelopment Agency and Financing Authority meetings. Motion was seconded by Ferguson and carried by unanimous vote. Mayor Pro Tempore Spiegel reconvened the meeting at 7:00 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO WAYNE CONNOR FOR HIS SERVICE TO THE COMMUNITY AS A MEMBER OF THE ART -IN -PUBLIC -PLACES SUBCOMMITTEE. On behalf of the entire City Council, Councilman Crites presented an engraved clock to Mr. Connor and expressed the community's appreciation for his many efforts with regard to the City's Art -In -Public -Places program. B. PRESENTATION TO THE IDYLLWILD MOUNTAIN COMMUNITY PATROL IN APPRECIATION OF ITS EFFORTS ON BEHALF OF THE CITY OF PALM DESERT. Councilman Crites presented a plaque of appreciation to representatives of the Idyllwild Mountain Community Patrol. He thanked them for their efforts in keeping Highway 74 so beautiful. A representative of Supervisor Wilson and Supervisor Venable presented a proclamation to the Community Patrol on their behalf and also on behalf of the Riverside County Board of Supervisors thanking them for their efforts in keeping Highway 74 free of graffiti. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. PUBLIC HEARINGS A. CONSIDERATION OF THE FORMATION OF LA PALOMA II LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT. Mr. Gaugush reviewed the staff report, noting that there had been no changes in the Engineer's Report. He said ballots had been received representing 100% support of the subject district. He said staff recommended that the Council adopt Resolution Nos. 98-42, 98-43, and 98-44 following the public hearing. Mayor Pro Tem Spiegel declared the public hearing and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 98-42, declaring the results of a property owner protest proceeding and approving related actions; 2) waive further reading and adopt Resolution No. 98-43, approving the final engineer's report as presented or amended; 3) waive further reading and adopt Resolution No. 98-44, ordering the levy and collection of assessments for La Paloma II, Fiscal Year 1998-99. Motion was seconded by Ferguson and carried by unanimous vote of the Council. XVII. ADJOURNMENT Mayor Pro Tem Spiegel stated that Mr. Wayman wished to speak to the Council relative to Resolution Nos. 98-38, 98-39, and 98-40 which were considered by the Council during the 4:00 p.m. session and which he did not know were going to be discussed. Mr. Gibson stated that he had advised Mr. Wayman that he would be notified as soon as a public hearing is scheduled. Mayor Pro Tem Spiegel stated that the Council had not approved the Presidents Plaza Assessment District with adoption of the resolutions. This action was to go out to the people who are part of the Assessment District and ask them to vote. The matter would then be before the Council as a public hearing where everyone would have an opportunity to participate. MR. W. J. WAYMAN, 75-370 Fairway Drive, Indian Wells, stated that he had written a letter indicating his displeasure with the proposed assessment district. He said he felt the City had bitten off a pretty good chunk to undertake handling the trash pickup in this district. He submitted photographs which he said indicated that the equipment is in very poor repair, and if the City is going to take this on, it would have the responsibility of keeping the areas clean and keeping the equipment in better condition than shown in the photos. He said he also objected to the manner in which the City had decided to make the trash assessment, which was on the basis of square footage of the building. He said he felt this had absolutely no bearing on the trash created by occupants of the building, and if the City is going to do this, it needed to have a better understanding of the trash pickup business. He submitted photographs indicating the "utter mess" of the trash bins being 23 MINUTES REGULAR PALM DESERT CITY COUNCII, MEETING APRIL 9, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * overstuffed. He said some people needed to have their trash picked up three times a week, where others needed it five times per week and still others only once a week. He suggested that the City figure out a way to place this responsibility on the property owners to deal with the trash company. He also submitted photographs which he said indicated the failure of someone in the City to keep track of the water systems to irrigate the area (all photos on file and of record in the City Clerk's Office). Upon motion by Ferguson, second by Kelly, and unanimous vote of the City Council, Mayor Pro Tem Spiegel adjourned the meeting at 7:10 p.m. 66 SHEILA R. GIL!AN, CI LERK CITY OF PALM DESERT, ALIFORNIA ROBERT A. SPIEGEL, TC�O TEMPORE A. SPIEGEL, '7RI O TEMPORE 24