HomeMy WebLinkAbout1998-03-12MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MARCH 12, 1998
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:00 p.m.
H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Robert A. Spiegel
III. INVOCATION - Mayor Jean M. Benson
IV. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro-Tempore Robert A. Spiegel
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
Richard J. Folkers, ACM/Director of Public Works
John Wohlmuth, ACM/Director of Administrative Services
Carlos L. Ortega, RDA Executive Director
Phil Drell, Director of Community Development
Paul Gibson, Finance Director/City Treasurer
Mary P. Gates, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
None
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of February 26, 1998.
Removed for separate discussion under Section VII, Consent Items Held Over. Please see that
portion of the Minutes for discussion and action.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1998
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 34, 44, 45,
43PD Office Complex, and 45PD Office Complex.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#355) by Valerie Huerta in an Undetermined Amount.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
D CLAIM AGAINST THE CITY (#356) by Christina Huerta in an Undetermined Amount.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
E. CLAIM AGAINST THE CITY (#357) by Graciela Vega in an Undetermined Amount.
Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the
Claimant.
F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Sidewalk
Installation and Improvements (Contract No. C14190, Project No. 699-97).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
sidewalk installation and improvements at various locations.
G. REQUEST FOR AUTHORIZATION to Advertise and can for Bids for the Installation of
Stamped Concrete on the Cook Street Medians (Contract No. C14200, Project No. 770-98).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
installation of stamped concrete on the Cook Street Medians North of Country Club
Drive and Hovley Lane East, east of Portola Avenue.
H. REQUEST FOR AWARD OF CONTRACT for the Palm Desert Office Complex Roof Repair
and Maintenance (Contract No. C14210). (Applicant: Bunde Roofing & Associates Inc.)
Rec: By Minute Motion, award Contract No. C14210 to Bunde Roofing & Associates Inc.
for the Palm Desert Office Complex roof repair and maintenance in the amount of
$7,775.00 and authorize the Mayor to execute the subject agreement.
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I. REQUEST FOR AWARD OF CONTRACT for Citywide Supplies (Contract No. C14220).
(Applicant: Steve's Office Supply)
Rec: By Minute Motion, award Contract No. C14220 to Steve's Office Supply for
Citywide supplies and authorize the Mayor to execute the subject agreement.
J. REQUEST FOR APPROVAL of Change Order No. 3 to Contract for Gerald Ford Drive
Extension (Contract No. C13230, Project No. 677-97).
Rec: By Minute Motion: 1) Approve Change Order No. 3 in the amount of $3,216.93; 2)
authorize the transfer of $3,216.93 from contingency to base.
K. REQUEST FOR APPROVAL of Notice of Completion for Cook Street and Gerald Ford Drive
Utility Improvements (Contract No. C13250, Project No. 676-97).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject contract.
L. REQUEST FOR APPROVAL of Notice of Completion for Gerald Ford Drive Extension
Street, Water, and Sewer Improvements (Contract No. 13230, Project No. 677-96).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject contract.
M. REQUEST FOR APPROVAL of Final Tract Map 28227-2 (Applicant: Sunrise Desert
Partners)
N.
Rec: Waive further reading and adopt Resolution No. 98-19 approving Tract Map
28227-2.
REQUEST FOR APPROVAL of Art in Public Places and Civic Arts Recommendation for
Seventh Day Adventist Church to Commission Bill Ware.
Removed for separate discussion under Section VII, Consent Items Held Over. Please see that
portion of the Minutes for discussion and action.
O. REQUEST FOR APPROVAL of Episcopal Community Services Letter of Termination of
Lease Agreement for Office Space at the Portola Community Center.
Rec: By Minute Motion, accept letter of termination of the Lease Agreement with the City
of Palm Desert for office space at the Portola Community Center and waive the sixty
day notice.
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P. REQUEST FOR APPROVAL of Refund of Business License Fees.
Q.
Rec: By Minute Motion, approve a refund of $60.00 for Chuck's Lock Service business
license fees.
REQUEST FOR APPROVAL of Playground Equipment Shading Proposal for Ironwood Park
and Allocation of funds for the Purchase and Installation of Two Shade Structures from Shade
Concepts.
Removed for separate discussion under Section VII, Consent Items Held Over. Please see that
portion of the Minutes for discussion and action.
R. REQUEST FOR APPROVAT. of Certification of Director and Alternates for the California
Joint Powers Insurance Authority (CJPIA).
Rec: By Minute Motion, approve the Certification of Director and Alternates as submitted.
S. LETTER QF RESICINATJON from Ulrich R. McNulty from the Rent Review Commission.
Rec: Receive with sincere regret.
T. PORTFOLIO MASTER SUMMARY for the Period Ending January 31, 1998.
Rec: Receive and file.
U. MINUTES of the Palm Desert Investment and Finance Committee Meetings of November 19,
1997, December 17, 1997, and January 21, 1998.
Rec: Receive and file.
V. REQUEST FOR CONSIDERATION of Waiver of Park and Staffing Fees and Funding of
Table and Chair Rentals Associated with Production of the 1998 Week of the Young Child -
Day in the Park.
Rec: By Minute Motion, waive park and staffing fees and fund table and chair rentals
associated with production of the 1998 Week of the Young Child - Day in the Park,
scheduled to be held March 21, 1998.
W. REQUEST FOR CONSIDERATION of Waiver of Staffmg Fees Associated with the Palm
Desert Dance under the Stars Choreography Festival.
Rec: By Minute Motion, waive staffing fees associated with the Palm Desert Dance Under
the Stars Choreography Festival, scheduled to be held April 4, 1998.
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Councilman Ferguson asked that Items A and Q be removed for separate discussion under Section
VII, Consent Items Held Over, of the Agenda. Councilman Kelly asked that Item N also be
removed for separate discussion.
Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as
presented by unanimous vote.
VII. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meeting of February 26, 1998.
Councilman Ferguson stated that he would be abstaining from voting on this item because he
was not at the meeting of February 26, 1998.
Upon motion by Kelly, second by Spiegel, the Minutes of the City Council Meeting of February 26,
1998, were approved as presented by a 4-0-1 vote, with Councilman Ferguson ABSTAINING.
N. REQUEST FOR APPRQYAL of Art in Public Places and Civic Arts Recommendation for
Seventh Day Adventist Church to Commission Bill Ware.
Councilman Kelly stated that while he did not have a problem with staffs recommendation,
it was his understanding that if a particular art project is approved by both the AIPP and Civic
Arts Committees, it does not come to the Council unless called up or appealed.
Mrs. Gilligan stated that staff in the past had always brought these items to the Council on the
Consent Calendar just to make the Council aware of the projects being done and to give the
Council the opportunity to call the items up or ask questions.
Councilman Crites moved to, by Minute Motion: 1) Approve the Art -In -Public -Places and Civic Arts
recommendations for the Seventh Day Adventist Church to commission Bill Ware to create a sculpture for
its new church; 2) direct the City Clerk to research minutes relative to approval of artwork and whether
Council approval is required if both AIPP and Civic Arts Committees approve a particular piece. Motion was
seconded by Ferguson and carried by unanimous vote.
Q. REQUEST FOR APPROV AT . of Playground Equipment Shading Proposal for Ironwood Park
and Allocation of funds for the Purchase and Installation of Two Shade Structures from Shade
Concepts.
Councilman Ferguson stated that he had talked to staff and the neighborhood association in this
area. He said they were all in favor of it but would like to do so with the understanding that
staff goes back to the association with respect to the color and final placement of the shade
structure. He added that staff had indicated this would not be a problem.
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REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 12, 1998
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Councilman Kelly moved to, by Minute Motion, approve the Ironwood Park playground equipment
shading proposal and appropriate $10,704.00 for the purchase and installation of two shade structures from
Shade Concepts, Inc. (funds are available in Parks and Recreation Account 233-4671-454-4001), with the
understanding that staff will go back to the neighborhood association with respect to the color and final
placement of the shade structure. Motion was seconded by Ferguson and carried by unanimous vote.
VIII. RESOLUTIONS
A. RESOLUTION NO. 98-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AUTHORIZING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS TO PURCHASE A THERMAL IMAGING
SYSTEM TO BE DONATED ON BEHALF OF CVAG AND ITS MEMBER
JURISDICTIONS TO BE PLACED INTO SERVICE AND MAINTAINED BY THE
CALIFORNIA HIGHWAY PATROL FOR USE IN THE COACHELLA VALLEY.
Mr. Diaz noted the report in the packets and stated that Risk Manager Ken Weller was
available to answer any questions.
Councilman Spiegel stated that the CVAG Safety Commission had enthusiastically
recommended that all cities in the Coachella Valley appropriate $15,000 each for this system.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 98-2Q. Motion was
seconded by Kelly and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING.
IX. ORDINANCES
For Introduction:
A. ORDINANCE NO. 870 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, CREATING CHAPTER 5.87 OF THE PALM DESERT
MUNICIPAL CODE REGARDING THE REGULATION OF MASSAGISTS AND
MASSAGE ESTABLISHMENTS AND DELETING REFERENCES TO MASSAGE FROM
CHAPTER 5.86.
Mr. Drell reviewed the staff report, noting that Council in September considered a request for
exemption from some of the locational criteria in the existing ordinance relative to a massage
establishment proposal. The Council granted that exemption and as part of that action directed
staff to develop and return with an ordinance that was more consistent with the City's more
recent experience regulating massage. He said this Exhibits A and B of this ordinance
separated the regulation of massage from the regulation of escort services and bathhouses. Staff
felt these were fundamentally different activities and should not be contained in the same
ordinance. He noted that as part of the City's existing regulation of massage, massagists and
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operators of massage establishments are subject to very rigorous background checks of their
character, history, and qualifications, including fingerprint checks through the U.S.
Department of Justice, in order to determine that these people are legitimate practitioners of
massage therapy, that they are well -qualified, and that their activity is not something that
should be considered illicit, potentially criminal, or something that is inherently detrimental
to surrounding properties. He said the current ordinance restricted massage establishments
within 1,000 feet of almost anything in the City, and this made it difficult to impossible to
locate such establishments in the City. He said staffs feeling was that once these people have
passed all the hurdles, they should be treated like legitimate professionals and regulated like
any other personal service in the City. He noted that this ordinance would address this and
would also tighten up some of the educational requirements.
Mr. Drell stated that Exhibit B of the ordinance would delete all references to massage from
the escort and bathhouse ordinance. He noted that no bathhouse permits had ever been issued.
He added that while only one escort permit had been issued, it had been done in error, was
coming up for renewal, and staff would not be renewing it. He said staff had found that the
background check procedure had discouraged anyone who has a problem in their past from
applying. He said the down side to that was the fact that there are a lot of advertisements for
these services in the Yellow Pages, and most of them are not licensed in the City of Palm
Desert.
MS. KELLY YAMADA, 79-880 Camelback Drive, Bermuda Dunes, said she represented All
About Massage, was personally a massage therapist, and also represented the Coachella Valley
Spa Managers' Association. She said the Spa Managers' Association was made up of
representatives from all the major spas and day spas in the area, and they had been working
together for the past year to develop this ordinance proposal for the Council. She said the
ordinance before the Council reflected what served the needs of the spas and professional
therapists. She added that they had consulted with the City's Planning Department, Sheriff's
Department, and all other parties involved and felt that this was a very thorough and complete
ordinance to protect the public and the therapists and to simplify the process. She noted that
the ultimate goal was to standardize this ordinance throughout the Valley so that each city will
be consistent in what it is looking for. She offered to answer any questions.
Councilman Spiegel asked if there was any way to identify the establishments that pass all of
the regulations and rules similar to restaurant signage which indicates the Health Department
rating.
Ms. Yamada responded that in the current ordinance as well as this proposed ordinance was
a requirement to post the license in a visible location inside the facility.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 870 to second reading.
Motion was seconded by Ferguson and carried by unanimous vote.
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For Adoption:
A. ORDINANCE NO. 869 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 2.26.020 OF THE PALM
DESERT MUNICIPAL CODE TO EXPAND THE MEMBERSHIP OF THE ECONOMIC
DEVELOPMENT ADVISORY COMM.' lrt
Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he
recommended its adoption.
Councilman Kelly moved to waive further reading and adopt Ordinance No. Bfa. Motion was
seconded by Spiegel and carried by unanimous vote.
X. NEW BUSINESS
A. REQUEST FOR APPROVAL OF RESOLUTION MODIFYING ALLOCATED POSmONS
RELATED TO THE REORGANIZATION OF THE COMMUNITY AFFAIRS
DEPARTMENT.
Mr. Diaz noted the report in the packets and stated that Mr. Wohlmuth was available to answer
any questions.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 98-21 amending
Resolution 97-48 related to modifying the allocated classifications within the Department of Community
Affairs. Motion was seconded by Kelly and carried by unanimous vote.
B. REQUEST FOR CONSIDERATION OF APPEAL TO THE ARCHITECTURAL REVIEW
COMMISSION DECISION, DENYING 10 INCH HIGH LEI ERS FOR MENU SIGNAGE
AT 73-608 HIGHWAY 111. (APPLICANT: Desert Sleep Center, Case No. 98-7SA)
Mr. Drell reviewed the staff report, noting that in determining signs with menus, the
Architectural Review Commission generally likes to see the menu sign subordinate to the
building identification sign. He said the Commission approved the menu signs for this
particular business at a height of eight inches instead of the 12 inches and subsequently 10
inches requested by the applicant.
MR. LARRY DANNA, owner of Desert Sleep Center, stated he felt it was important to have
12-inch letters in order to show people when they drive by that this is a mattress and sofa store
rather than a sleep disorder center. He said when he purchased the store there was a sign on
the side which was functional at the time. He took it down at the request of the City, and he
as allowed to put 12-inch letters on the side which faced toward Palm Springs. He said it was
important for his business to have these signs in front so that people driving by know what kind
of store it is and what is sold there. He added that he believed this particular store was vacant
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for two years, and he had taken it and fixed it up both inside and outside so that it is not an
eyesore in Palm Desert and brings in revenue for the City. He asked that the Council approve
the menu signs with 12-inch letters.
Councilman Ferguson noted that Mr. Danna had indicated it was more important for people
to know that the store sells mattresses and sofabeds and less important that people know the
name Desert Sleep Center because of the possible confusion. He said there were three words
with 12-inch signage and three words with 8-inch signage. He asked if Mr. Danna would be
amenable to switching.
Mr. Danna responded that the signs were already done and paid for. He said it was important
to have Desert Sleep Center so people know the business is there, but it is also important for
people to know that he sells mattresses and sofabeds. He said he felt he really needed 12-inch
letters for the front of the store.
Councilman Ferguson asked whether Mr. Danna had gone and purchased 12-inch signage prior
to receiving approval.
Mr. Danna stated that the City had approved the initial signage. When he came back to the
City for approval of the other signage, he was advised that he could not have 12-inch signs but
could have 8-inch letters. He added that the cost to do 8-inch letters was much more than 12-
inch letters and that he did not think the sign company could do 8-inch letters that light up.
Upon question by Councilman Ferguson relative to approval of the initial 12-inch signs, Mr.
Drell noted that the Architectural Review Commission had approved the main sign with 12-inch
letters as submitted, and the menu signs were approved at eight inches.
Councilman Ferguson asked whether the applicant had already had new signs made for
mattresses and sofabeds at 12 inches. Mr. Danna responded that he had not had these new
signs made yet because he had not received approval.
Councilman Crites stated that the Council had looked at the issue of menu signage with general
signage, and the norm had been to do what the Architectural Review Commission has
requested. He said the Council had also had issues where the name of a company was not
particularly reflective necessarily of what they sold, which he felt was the choice somewhere
down the line of the person who chose the name of the company. He said perhaps Councilman
Ferguson's comment was well taken and that the applicant might want to put the product in the
larger letters and the name in the smaller letters. He said he was not sure it was the City's
responsibility to rectify name choices by increasing signage and that he was personally
convinced that it was not the City's responsibility to do that.
Upon question by Councilman Spiegel relative to clarification of this Councilman Crites stated
that normally the name of a business receives the prominent lettering and the products they sell
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at that business receive the smaller lettering. He said normally most people would want the
name of the business to be the prominent lettering.
Mr. Danna asked if the Council would consider a compromise of 10 inches for the letters.
Councilman Ferguson asked if this was what the applicant had suggested in his motion for
reconsideration.
Mr. Danna responded that Imperial Signs had done that for him. He said he had moved to
Palm Desert from Rancho Mirage because he was told that Palm Desert works with its business
people. He said he did not feel 10 or 12 inches was a lot to ask for and that this was not a
small building at 6,000 square feet.
Councilman Kelly stated this building does have a large frontage and that the larger letters
would really help this business person. He said he would be willing to approve the letters at
10 inches.
Councilman Kelly moved to, by Minute Motion, approve the requested signage with a condition that
the two menu items (Mattress, Sofa Beds) be a maximum of 10 inches in height. Motion was seconded by
Spiegel and carried by unanimous vote.
C. REQUEST FOR AUTHORIZATION TO NEGOTIATE CONTRACT FOR THE DESIGN
AND CONSTRUCTION OF THE DESERT WILLOW GOLF RESORT CLUBHOUSE
(Contract No. C14230).
Project Administrator Rudy Acosta reviewed the staff report dated March 12, 1998, and the
recommendation that staff be authorized to enter into negotiations for the procurement of an
agreement with design -build team of Douglas E. Barnhart, Inc./Dahlin Group, Inc. for the
design and construction of the Desert Willow Golf Clubhouse. He reviewed the process that
was involved in selecting the successful design -build team as outlined in the staff report, noting
that the Evaluation Committee voted 11-1 to go with the team of Barnhart/Dahlin, while the
Desert Willow Committee vote 5-2 for this same firm.
Mr. Acosta stated that he had included in the staff report a proposed project budget in an
amount not to exceed $6 million. He said the project proposed to the Council at this meeting
was a turnkey package at $5,816,583 plus $28,650.00 for additional restrooms near the banquet
rooms, for a total of $5,845,233. He said both the Desert Willow Committee and the
Evaluation Committee agreed with the addition of the restrooms. He noted that the proposed
completion date for the project was April 1, 1999, provided the project begins on April 1,
1998. He added that there was no grace time built into this schedule. He stated that the
recommended proposal included a total building area of 31,641 square feet, with 21,021 square
feet for the main floor and 10,620 square feet for the cart barn level floor, and this did exceed
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the minimum requirements of the RFP. Additionally, there will be 237 parking spaces, and
this would be a fully -landscaped parking lot in accordance with the City's requirements.
Mr. Acosta stated that staff was also asking authorization for paymentof a $5,000 stipend to
each of the nonsuccessful teams and noted that there was approximately $400,000 to $500,000
worth of materials that had been received in terms of labor, hours, and effort that had been put
into this process by the nonsuccessful teams.
He reviewed the renderings submitted with the proposal by Douglas Barnhart/Dahlin Group,
noting that a thorough site analysis had been done as part of the proposal. He stated that one
of the things most apparent about the Desert Willow site was the beautiful 360-degree views
of the mountains, and this particular team addressed the issue very well. He said it had been
made explicitly clear that the views were sacred out at Desert Willow, that the City did not
want the building to block those views, and that the architects were asked to come up with a
product that would exemplify or enhance those views. He said with this proposal, the first
thing a person entering into the building will see through the foyer/lobby is the wide open view
of the 9th and 18th fairways. He added that a real key with this proposal was the fact that
throughout the public spaces, because of the circulation spine as shown on the renderings, a
person would always be able to see a view of the golf course. He reviewed various aspects of
the proposal, including the banquet/dining facilities. He stated that, although not included in
the RFP, it was felt strongly by both committees that in order to take advantage of activities
at the east end of the building, a restroom facility should be included in that area. He noted
that included in the RFP process was inclusion of an Intrawest spa, and this team chose to
attach the Intrawest spa to the overall building facility. This economized the number of walls
that would need to be constructed and allowed for shared use of facilities; however, it did
provide for a lockoff in after hours so that once Kemper staff goes home, if Intrawest wants
to conduct after hours activities they could do so without interfering with other operations of
the facility.
Mr. Acosta also reviewed the architectural character of the building. He said this was an area
that the committee wanted the team to work on, and they had responded by revising the roof
lines and some of the proportions and the masses of the buildings while still honoring the
quality and integrity of the initial design with respect to key features. He said they introduced
the use of stone materials to warm up the building and proposed a flat, concrete tile roof with
cultured stone. They were also proposing flame granite for the flooring materials, which was
a low -maintenance, high -traffic type of material.
Mr. Acosta stated he felt all of the teams had done a remarkable job with their submittals, and
he was sorry there had to be four nonsuccessful teams; however, both committees felt this
proposal seemed to address the greatest concerns of the committees. He noted that Art -In -
Public -Places was a requirement of the RFP, and this particular proposal incorporated the
artist's proposal into the structural elements of the architecture.
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With regard to narrowing the field of teams from five to two, Councilman Spiegel asked what
the difference was between the final two teams and the other three. He also asked whether the
vote was 12-0 for these two firms as the final two.
Mr. Acosta responded that the difference was basically in the appropriateness of the
architecture, and it was felt that the architecture could not be endorsed for the facility. He
added that the vote was 12-0 for the two firms. He said the Committee concentrated a majority
of its time in reviewing the two solutions.
Councilman Crites stated that he did not see in the staff report or discussion any specific
delineation of the ten issues and why this proposal, from the majority's perception, was
superior to the other proposal. He said he also did not see a minority report suggesting why,
from their perspective, the other proposal was superior.
Mr. Acosta stated that the particular weaknesses of the other proposal had to do with the siting
of its building. He said it was felt that it crowded too much and imposed too much upon the
property lines and created too much of a facade in that relief between the golf and the
clubhouse pad. He said this was expressed to the design -build team in its secondary meeting.
Additionally, there were some key functional features of the floor plan layout that were seen
as not beneficial to the overall operations of the clubhouse facility; i.e., the administrative
offices were put on the north side of the building, which blocked a significant percentage of
the views out to Desert Willow. He said there was also some question as to the practicality of
the use of the terraces that were provided, and there was some concern about the ADA access;
although it did qualify, it was felt that it was not the best solution in terms of making the
building accessible to all. Additionally, some architectural elements on the project tended to
be a little too large, and overhangs constricted views out to the golf course and the surrounding
areas as well. He said they did, however, improve on the floor plan with the second submittal,
but it was felt those improvements were not significant enough to move it ahead of the
recommendation to go with the other firm.
Upon question by Mayor Benson, Mr. Acosta responded that the Dahlin Group was from San
Ramon, California, and Douglas Barnhart was from San Diego. He stated that with regard to
the other design -build team, James E. Simon was from Indio, McFadden/McIntosh was from
Palm Desert, and of their other two partners, Corcoran and Pickard, one was from Newport
Beach and the other from Santa Ana.
Councilman Ferguson stated that Mr. Acosta had made a comment during the joint meeting
with the Desert Willow Committee and the Evaluation Team that the City of Palm Desert owns
rights to both of the designs that were in the final selection process and that we were free to
incorporate elements of either one or the other or both however the City saw fit. He asked if
this was accurate.
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Mr. Acosta responded that without violation of the architect's copyright, features that the City
likes more in one proposal can be incorporated in the other. He said he could not directly copy
a proposal, but the architect does not have rights to.materials which are not copyrightable;
however, if there are certain features, with modification they can be incorporated into the other
proposal.
Councilman Ferguson asked what was meant when Mr. Acosta stated we would own it.
Mr. Acosta stated that this meant the City owned the documents that were submitted.
Councilman Ferguson stated that the City was free to use the ideas, and Mr. Acosta agreed.
MR. JIM McINTOSH, 73-929 Larrea, Palm Desert, spoke as representative of the
McFadden/McIntosh firm and stated that he had seen the City send a lot of local taxpayer
money out of the Valley for design and engineering services that he felt could have been
provided by local professionals. He said examples of these were the Public Library, the Civic
Center buildings, and the soon to be constructed soccer fields on Hovley Lane, which were all
provided by outside design and engineering. He agreed it was best for the City if there is not
the availability of such professional services locally to go elsewhere to fulfill these needs. He
stated that with regard to the Desert Willow Clubhouse, the City was about to send $6 million
out of the Valley. He said this was the first time he had seen the competitor's proposal. He
said it was a great looking project, but he did not feel this firm beat his firm hands down. He
said this was a design -build competition, not just a design competition alone. He said when
the five projects were analyzed after the first time around, it was close. He noted that although
Mr. Acosta indicated to the Council that Barnhart was the winner, he was told at that time that
it was a stalemate and that the Committee could not feel good about picking a winner and
recommending it to the Council. He said they had been told they were so close and that the
Committee loved the architecture; they did not hear that there were major problems with the
floor plan, etc. He said they felt they were tied for first, and this demonstrates that the firm
does have the ability and expertise to fulfill the needs of the City. He stated that since this is
a design -build competition rather than just a design competition, at the point of a stalemate or
close runoff, perhaps the design should be put aside as equals and then look at the remainder
of the services to be provided. He said the construction comprised 80% of the $6 million
budget, and his contractor, James E. Simon, had 48 total years of experience, 12 of which have
been in the Coachella Valley, and had successfully completed two other design -build projects
for the City of Palm Desert. He said the other contractor was based in San Diego and as far
as he knew had never pulled a permit in the City of Palm Desert or had to work with local
agencies such as the Coachella Valley Water District. He noted that during election
campaigns, every one of the Councilmembers, to different extents, used the issue of local
economic development as a key issue to the future health of Palm Desert as a year-round
economically strong and healthy community, not just a few months out of the winter. He said
he hoped the Council would take these comments into consideration before awarding a $6
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million contract to a company from out of the area and stimulate economies in San Ramon and
San Diego instead of Palm Desert.
MR. LARRY GROTBECK, 74-085 Fairway Drive, stated that when they built their two
buildings, they planned ahead to use local firms, and he suspected that approximately 95 % of
the monies were spent locally. He added that if the competition was really as close as he
believed it was, he felt the right thing to do was to award the contract to the local firm. He
said he felt it was important for the City to send the right message to the private sector, that
the City was willing to be there for the people.
MR. DEXTER BAHR, 68-665 Panorama Road, Cathedral City, stated that he was representing
the Desert Contractors Association. He said that throughout Mr. Acosta's presentation at this
meeting, he had not heard anything discussed about any form of consideration being given to
local preference. He said he felt the issues of local contractors should be taken a lot more
seriously than it has been up to this point.
MR. DERRICK JESSOP, 73-995 El Paseo, stated that he was a local art dealer and supporter
of the art community. He expressed concern about the art selection process and asked why
there were virtually no local artists being considered and why local artists were not actively
solicited the way artists out of the Valley and out of the State were. He said there was no
question that there are local artists who are every bit as competent and as professional as the
artists now being proposed. He said this was an opportunity to inject a very large sum of
money into the local artistic community and, in the process, to return to local artists and local
taxpayers money to serve our local economy. He asked what can be done now to ensure that
local artists are given fair and equal access to the funds in this project. He also asked how the
process by which _they are included could be made accountable to the community.
MR. DOUG DAHLIN, architect, addressed the Council and stated that he had also put a lot
of his time and effort into this project as did every other architect who competed in this project.
He said he was honored to be asked to compete and that it was a very tough competition, with
a great deal asked of each of the teams. He said his team had done everything it could to be
sensitive to the site and had developed a very strong orientation to the mountain views. He
said they had always used local consultants where appropriate, and issues such as climate
control and desert environment was a very significant thing, and they would use local
consultants in this area. He said he had competed perhaps once every year or two in a project
of this magnitude in the last 20 years, and he had never been in a position of having to defend
his proposal after twice being selected as the top team. He added that if this was going to be
done strictly by a local group, it should have been limited to such at the beginning or perhaps
not even have had a competition; however, that was not the case in this project and a great deal
was asked of five very professional firms to do their best.
MR. TEX BARNHART, President of Douglas Barnhart, Inc., San Diego, stated that his
brother, Doug Barnhart, had a home in La Quinta and spent quite a lot of time in the desert.
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He stated that with regard to concerns about using local contractors, he had been in contact
with Diana Garcia at Desert Contractors' Association and had a list of the members of that
firm. He said they had also asked her if they would be allowed to place plans of the project
in that facility in order to encourage bids from local contractors, and the Association had
agreed to that. He. said they also planned to put plans in the local Dodge Room. He noted they
had not made subcontractor commitments to this project, and they planned to contact
contractors in this area via fax, mail, and telephone. He said they intended to give local
contractors what they called "last look"; if local contractors are not successful when they submit
a price, if there is a better number that meets the budget, those contractors will be given the
opportunity to see if they can do better. He said they were very sensitive to the fact that the
Council would like the money to stay in Palm Desert. He said that depending on budget
constraints of the project and the particular trade, if there are local contractors who are within
a few percentage points of the other bid, the work will be given to the local contractor. He
said if they need to share those numbers with the local contractors, they will do that. He said
they were committed to making this project work and making it beneficial for all concerned,
including the local contractors in the desert. He offered to answer any questions.
Councilman Ferguson asked what percentage of the $5.8 million was anticipated to be spent
locally.
MR BILL SHARP, Vice President of Estimating Services, responded that they really did not
know at this point but that it could be between 20% and 40% and perhaps even 50%.
Mr. Barnhart added that they planned to subcontract the structural concrete and rough carpentry
work for this project. He noted that the firm did have people who live in this area and stated
that, crew -wise, they had approximately 300 employees covering San Bernardino, San Diego,
Imperial, and Riverside Counties.
Mayor Benson asked whether it would be possible to put into the contract the amount to be
used for local contracts. Mr. Erwin responded that under the current circumstances in the
design -build, this could be done.
MR. CARL DANIELSON, Dahlin Group, stated that the firm had made no commitments to
consultants in their area for this project. He said they had been in contact with several firms
in the desert area (primarily Brian Gottlieb on structural, Dick Nolan of Dream Engineering)
for their services. He added that they often found it was to their advantage to use local
consultants. He said there was more than a cost issue with this clubhouse because it was on
a very tight time frame, and they would need people who could respond to it accordingly. He
noted that in the case of subconsultants, there would probably be anywhere from 50% to 100%
local participation.
MR. STEVE HOLLIDAY, James E. Simon Company, stated that this company employed
about 75 people year-round, and these employees live here 365 days a year. He said they felt
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it was important to keep the tax dollars here in the Valley. He said he was a member of the
Desert Contractors' Association. He said one major problem the local contractors have is the
ability to bond, and at this time they were faced with a very unique situation. He said the
James E. Simon Company could bond a $6 million or a $60 million job. The locals on the
Simon team, which were probably 95 %, would be able to do the work for the City because
Simon could bond for them. He said he felt this would be a great opportunity for the Council
to show support for all local people who pay their taxes here, who vote here, and live here in
the desert.
Councilman Crites asked whether Simon does bids outside the Valley.
Mr. Holliday stated that the Simon Company was broken up into four groups inside the Simon
Corporation, and he represented the Readi-Mix group. He said they had done work outside
the Valley only once, and it was in Aguanga with the Outdoor Resorts. He added that it was
his understanding that the James E. Simon Company did the last two projects for the City of
Palm Desert as a design -build, and everyone was pleased with the work.
Councilman Ferguson asked Mr. Holliday if he was to bid outside the Valley, was the low
bidder by some $183,000 on a $6 million project, and was told "no, thank you, we'd rather use
home people", would he feel that was a fair process, particularly if it was not in the bid
specifications to begin with.
Mr. Holliday stated that this was a difficult question but that if he went into someone else's
back yard and beat them, he might feel shafted.
MR. JOHN WOODS, a member of the local construction community and a resident of Pinyon,
stated that as raised previously, some of the Valley cities have local preference issues right
now, and the construction community would like to see it in Palm Desert. He said if a firm
went out of the Valley and won a competition, that money typically would be back here in the
Valley. He said he would like to see the City look at the big picture and how much this project
would bring in to the City as opposed to the $6 million that would be going out if the contract
is awarded to the other team.
MR. KEN WOOD, 81-385 Avenida Coyote, Indio, stated that he had a preference for the local
people to spend the money in the local economy.
Councilman Crites stated that he had several comments to make prior to having to leave to
chair a meeting at the College of the Desert at 6:00 p.m. He stated there seemed to be more
than one issue. One issue was the quality of an architectural product, and he would personally
like to see a presentation from the other team. He said the issue of build along with design was
a worthy issue for staff to respond to. He said the third issue was about local preference. This
had been discussed previously, and someone could be a local contractor and hire people outside
or be an outside contractor and hire local people. He said he felt there needed to be discussion
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of how to maximize local contracting while at the same time guaranteeing the best bids, no
matter who gets the contract. He said the Council hears comments from taxpayers relative to
why the City is subsidizing someone who is not the low bid, and there are a lot of citizens who,
correctly or not, believe that the process of the best bid means the best deal for the taxpayers.
He added that he would like to see the proposal from the other design -build team.
Councilman Spiegel stated he felt this clubhouse will be here a long time after many of the
Councilmembers are gone, and this project was not the same as going out to bid on a project
such as an asphalt highway. He said he felt the Council was looking for the best available
product for the City. He said since there were members of the Council who had not had an
opportunity to view both products in-depth, perhaps the meeting should be adjourned to a time
certain when everyone would have an opportunity to see both. He suggested that this be done
as quickly as possible so that a decision cdtild be made and the project could begin. He said
he did not feel it was fair to only look at one clubhouse proposal.
Councilman Kelly stated that on the premise of economic development, what was being done
would have the effect of companies spending somewhere between $500 million and $800
million, and perhaps 90% of those dollars people are coming here to spend would come from
outside of the Valley. He said what has to be remembered is that tremendous economic impact
has been created on the community and the Coachella Valley by the Desert Willow project.
`— He said he suspected there would be over $800 million spent there, and 90% or more will be
attracting money from outside the Coachella Valley. He said if people are going to criticize
him for not thinking about the local people and not doing something for the economy, he would
like to sit down with them and go over what he has done. He added that it was a tremendous
economic impact that the City has created out there for the local economy.
Councilman Ferguson stated that he was one of the Councilmembers who insisted that if the
Committee had been deadlocked and they simply chose one side or the other, that the
Committee go back and ask both sides to do a resubmittal. Then it was announced that the
resubmittal would only go to the Selection Committee and not to Desert Willow, and he
suggested and everyone agreed that it go to the Desert Willow Committee jointly with the
Selection Committee, which it did. He said he went in to that meeting with one view, came
out of that meeting with another view, came in to the Council meeting with one view, and was
coming out with another view. He said the City had a committee process designed to make
recommendations that normally the Council relies on; however, in his view, this was a close
enough case that he felt each Councilmember should get all the information they feel they need.
He said this was a $6 million project, and there were issues of procedural fairness here. The
City of Palm Desert does not have a home preference, it was not in the bids, and he said he
could empathize with both sides on this issue. He said if other members of the Council feel
they would like to take another look, they should do so.
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Councilman Spiegel suggested that the Council, during the dinner break, decide on a date when
this matter can be revisited and the three Councilmembers who have not seen both presentations
will have an opportunity to do so in the next few days.
Councilman Ferguson suggested that the Council adjourn to a mutually agreeable date so that
all five Councilmembers can participate in discussion.
Councilman Kelly moved to adjourn the meeting at 6:00 p.m. for dinner and to Closed Session to
consider items listed on the Agenda under City Attorney Reports & Remarks. Motion was seconded by
Spiegel and carried by unanimous vote of the Council.
Following the dinner break, Councilman Spiegel moved to continue this matter to the Adjourned
Meeting at 8:00 a.m. on Monday, March 16, 1998. Motion was seconded by Kelly and carried by unanimous
vote.
D. INFORMATIONAL ITEMS:
1. Update on Interchanges:
a. I-10/Washington Street
b. I-10/Monterey Avenue
2. Progress Report on Retail Center Vacancies
3. Progress Report on Utility Deregulation
No reports on these items.
XI. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF LEFT TURN PROHIBITION AT THE INTERSECTION
OF HOVLEY LANE EAST AND KANSAS STREET. (Continued from the Meeting of
February 12, 1998.)
Councilman Crites moved to continue this matter to the meeting of March 26, 1998. Motion was
seconded by Kelly and carried by unanimous vote.
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XII. OLD BUSINESS
A. REQUEST FOR CONSIDERATION OF RESOLUTIONS IMPLEMENTING COUNCIL
DIRECTION RELATIVE TO COMlvn i t, AND COMMISSION TERMS AND
RESIDENCY REQUIREMENTS (JOINT MATTER WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Mr. Diaz noted the report in the packets and stated that City Clerk Sheila Gilligan was
available to answer any questions.
Councilman/Member Spiegel moved to, by Minute Motion: 1) Waive further reading and adopt City
Council Resolution No. 98-22, changing the terms of office for all City committee and commission members
to four years and amending Resolution No. 97-43 to provide for automatic termination of committee and
commission members who move outside the City limits; 2) waive further reading and adopt City Council
Resolution Nos. 98-23, 98-24, 98-25, and 98-26 to change the terms of office for members of the Art -In -
Public -Places Committee, Building Board of Appeals and Condemnation, Civic Arts Committee, and
Promotion Committee to four years respectively; 3) waive further reading and adopt Redevelopment Agency
Resolution Nos. 355 and 356 to change the terms of office for members of the Citizens Advisory Committee
for Project Area No. 4 and the Housing Advisory Committee to four years respectively. Motion was seconded
by Ferguson and carried by unanimous vote.
XHI. REPORTS AND REMARKS
A. CITY MANAGER
1. Consideration of Addition of Grading Subcontractor for the Palm Desert Soccer
Park.
Councilman Crites moved to place this item on the Agenda for consideration. Motion was seconded
by Spiegel and carried by unanimous vote.
Associate Planner Jeff Winklepleck reviewed the staff report, noting that Section
4109 of the Public Contracts Code would allow the City Council to approve this
request subject to the following finding:
"The addition of Nuevo Engineering, Inc. as the grading subcontractor for the
construction of the Palm Desert Soccer Park is a case of public emergency or
necessity as set forth by the supporting data."
Councilman Spiegel moved to, by Minute Motion, adopt the findings as presented in the staff report
dated March 11, 1998, and approve the addition of Nuevo Engineering, Inc., as a subcontractor for the
construction of the Palm Desert Soccer Park. Motion was seconded by Ferguson and carried by unanimous
vote.
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B. CITY ATTORNEY
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:
Property: 7.5 acres at the southeast comer 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: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
1) City of Palm Desert v. REFCO Capital Corporation, et al, United States
District Court, Central District, Case No. CV92-7632
2) City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No.
090744
Significant exposure to litigation pursuant to subdivision (b):
Number of potential cases: .3
Public Employment pursuant to Government Code Section 54957:
Titles of Position: City Manager
C. CITY CLERK
Mrs. Gilligan stated that the Mayor had received a letter that afternoon from the College of the
Desert Alumni Association, and she read it publicly as follows:
"It is with great pleasure that I announce to you the College of the Desert Alumni Association
has chosen you as this year's 1998 Hall of Fame recipient for Alumni Special Service Award.
We are extremely happy and honored to add you to the list of outstanding Hall of Fame
recipients, and we look forward to honoring you on this special occasion which will be held
on May 2."
She congratulated Mayor Benson for being chosen to receive this award.
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D. MAYOR AND MEMBERS OF THE CITY COUNCIL
City Council Requests for Action:
1. Consideration of Letter from the Coachella Valley. Association of Governments
(CVAG) Requesting Assistance in Securing FCC Approval for a Uniform
Local -Call Area Within the Coachella Valley (Mayor Jean M. Benson).
Mayor Benson noted the letter in the packets which asked that each city send
letters to Senator Dave Kelley and Assemblyman Jim Battin to secure FCC
approval for a uniform local -call area within the Coachella Valley. She asked
that the Council authorize her to send these letters.
Councilman Spiegel stated that this did not really affect Palm Desert. Mayor
Benson agreed but said that this would be in support of the other cities in the
Valley.
Councilman Ferguson asked whether the City should also send a letter to the
Federal Communications Commission and said he did not think the State had
any jurisdiction in this matter.
Councilman Kelly noted that in his 36 years of telephone company experience
he had never dealt with the FCC to get approval for calling areas and rate
specials. He said they usually dealt with the California State Public Utilities
Commission.
Councilman Crites moved to, by Minute Motion, authorize the Mayor to send letters of support for
this effort to the appropriate entities. Motion was seconded by Ferguson and carried by unanimous vote.
Mayor Benson stated that she would check with Corky Larson of CVAG to see
who the letters should be sent to.
2. Consideration of Support of YMCA Two -Mile Walk in the Civic Center Park
in Conjunction with SpringFest `98.
Councilman Spiegel moved to add this item to the Agenda for consideration. Motion was seconded
by Crites and carried by unanimous vote.
Councilman Spiegel stated that SpringFest `98 was scheduled to be held on
April 19th in the Civic Center Park. In conjunction with this event, the YMCA
was going to have a two-mile walk around the Park and charge the participants
$25.00 each, for which they would receive a tee-shirt, and the rest of the money
would be used to help develop the YMCA. He stated that Mayor Benson had
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suggested that the City pay for 25 children from each of the public schools to
participate and let the schools select these 25 students on whatever basis they
determine to be appropriate.
Councilman Crites moved to, by Minute. Motion, approve the sponsorship of 25 students from each
of the five Palm Desert public schools to participate in the YMCA Walk at a cost of $25.00 each. Motion
was seconded by Ferguson and carried by unanimous vote.
3. Councilman Ferguson stated he had met with the newly -appointed Chair of the
Economic Development Advisory Committee (EDAC). He said the Committee
would be revisiting the enabling ordinance and bylaws to see if we could be
doing more in being consistent with the 2010 Plan. He asked that the Council
forward any comments to him, Councilman Spiegel, or Chair Tim Sullivan
about what they could be doing. He added that this would be discussed at the
next EDAC meeting on Thursday.
4. Councilman Crites stated that there was a sign on southbound Highway 74
reflecting that the Idyllwild Mountain Patrol had taken over removal of graffiti
on Highway 74 from Palm Desert to Idyllwild as a volunteer citizens' group.
He said he felt it would be worthy at a Council meeting to honor this group and
thank them for doing this good work. He asked the City Clerk to look into this
matter. Council concurred.
o City Council Committee Reports:
1. Councilman Kelly noted an article in the newspaper relative to the Riverside
County Transportation Commission (RCTC) approving a formula that would
give the Coachella Valley 20% of the STIP funds. He said this meant the
Valley would be getting about $26 million, a new interchange at Ramon Road,
approximately $300,000 for one or two buses between Riverside and the
Coachella Valley, and about $200,000 for signal synchronization on Highway
111 in the Coachella Valley.
Councilman Spiegel congratulated Councilman Kelly for his efforts in this
regard.
Mayor Benson agreed and said she felt all the Valley cities owed him a debt of
gratitude for this hard work.
2. Councilman Spiegel noted that there was a PBS special that evening at 8:00
p.m. about Frank Sinatra.
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XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
See specific items for Council discussion and action.
XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO CITY COUNCIL SECRETARY PATRICIA SCULLY.
On behalf of the City Council, Mayor Benson presented Ms. Scully with a card and engraved
pin in appreciation of her service to the City Council. She noted that Ms. Scully would now
be handling the special events for the City, something she had been doing for quite some time
while also serving as Secretary to the City Council. She congratulated Ms. Scully on her new
position as Community Affairs Specialist and stated that she would be missed by all members
of the Council.
B. PRESENTATION TO DEPUTY CHIEF STEVE BLOOMQUIST FOR OUTSTANDING
SERVICE TO THE CITY OF PALM DESERT.
On behalf of the entire City Council and staff, Mayor Benson presented Deputy Chief
Bloomquist with a Resolution of Recognition and an engraved clock in appreciation of his
service to the City of Palm Desert.
Councilman Kelly also presented Deputy Chief Bloomquist with a engraved plaque and thanked
him for his efforts.
XVI. PUBLIC HEARINGS
None
XVII. ADJOURNMENT
With Council concurrence, Mayor Benson adjourned the meeting at 7:45 p.m. to 8:00 a.m. on
Monday, March 16, 1998.
SHEILA R. GILiIGAN, CIT ERK
CITY OF PALM DESERT, IFORNIA
0�
M. BENSON, MAYOR
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