HomeMy WebLinkAbout1999-04-22MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 22, 1999
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L CALL TO ORDER
Mayor Spiegel convened the meeting at 4:01 p.m.
11. ROLL CALL
present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Buford A. Crites
Councilmember Jim Ferguson
Councilmember Richard S. Kelly arrived at 4:08 p.m.
Mayor Robert A. Spiegel
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 M. Wohlmuth, ACM/Director of Administrative Services
Carlos L. Ortega, RDA Executive Director
Ben Godfrey, Acting Director of Building and Safety
Phil Drell, Director of Community Development
J. Luis Espinoza, Finance Operations Manager
Rachelle D Klassen, Deputy City Clerk
Mayor Spiegel noted that today had been "Bring Your Daughter To Work Day," and he recognized
those City employees in attendance with their daughters: Dennis Coleman and Kiara, Mark
Greenwood and Courtney, Wilma Michelson and Ashley, Hart Ponder, Jr. and Robin.
III. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of March 25, and April 8, 1999, and the
Adjourned Joint Meeting of the City Council/Redevelopment Agency of April 9, 1999.
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 47, 48,
and 47PD Office Complex.
Rec: Approve as presented.
C. REQUEST FOR APPROVAL of a Refund of Business License Fees for D&M Enterprises.
Rec: By Minute Motion, approve the refund of Business License fees for D&M
Enterprises, in the amount of $120.00, less administration fee of $30.00, for a total
refund of $90.00.
D. RESOLUTION NO. 99-33 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that have been Microfilmed (February 1999).
Rec: Waive further reading and adopt.
E. APPLICATIONFOR ALCOHOLIC BEVERAGE LICENSE by Linda S Jacobs for Dakota
Bar & Grill, 73-260 El Paseo, #1A, Palm Desert.
Rec: Receive and file.
F. REQ. TEST FOR APPROVAT, of Contract with Desert View Tree Service, Palm Desert, CA
(Contract No. C15340) for Tamarisk Tree Pruning.
This item was removed for separate consideration under Item IV, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
G. REQUEST FOR APPROVAL of Contract for the Country Club Drive Median Landscape
and Irrigation Improvements from Cook Street to 3,800 feet west of Cook Street (Contract
No C14690) (Project No. 590-99).
This item was removed for separate consideration under Item IV, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
H. REQ TEST_EOR AUTHORIZATIQN to Advertise and Call for Bids for the 1998-99
Drywell/Inlet Program (Contract No C15760) (Project No. 500-90).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
1998-99 Drywall/Inlet Program.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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I. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization.
This item was removed for separate consideration under Item IV, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
J. REQUEST FOR AWARD OF BID for a Portable Air Compressor.
Rec: By Minute Motion, award the bid for a Portable Air Compressor to United Rentals,
Cathedral City, CA, in the amount of $16,192.81, and direct staff to issue a
Purchase Order for same.
K. REQUEST FOR AUTHORIZATION to Purchase a Hand -Held Traffic Radar Gun and
"Speed Monitoring Awareness Radar Trailer" (S.M.A.R.T.).
This item was removed for separate consideration under Item N, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
L. REQUEST FOR AUTHORIZATION to Purchase Traffic Signal Products.
Rec: By Minute Motion, authorize the sole source purchase and replacement of two
traffic signal cabinets from Econolite Control Products, Inc., Anaheim, California,
in the amount of $23,780 plus tax.
M. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Landscaping
Improvements east of Oasis Club Drive and north of Hovley Lane (Palm Desert Resorter)
(Contract No. C15770)
This item was removed for separate consideration under Item IV, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
N. REQUEST FOR APPROPRIATION of Additional Funds for the El Paseo Merchant
Association Budget Revision.
Rec: By Minute Motion: 1) Appropriate an additional $54,000 to the El Paseo Merchant
Association budget; 2) estimate additional revenue at $48,000.
O. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Curb, Gutter and
Cross Gutter Repairs (Contract No C15780) (Project No. 753-99).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for
1998-99 Curb, Gutter and Cross Gutter Repairs Program.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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P. REQUEST FOR APPROVAL of the Release of Improvement Security for Tract 28549
(Tucson Homes, LLC, Applicant).
Q.
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to release subject improvement securities.
jtFQUFST FOR EXTENSION of Contract with Project Dimensions, Inc., for Specialized
Landscape Inspection Services for Soccer Fields.
This item was removed for separate consideration under Item IV, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
R. REQUEST FOR APPROVAL of 1999 Summer of Fun Movie Series.
This item was removed for separate consideration under Item IV, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
S. REQUEST FOR WAIVER OF FEES Associated with an activity by the Department of
Justice.
This item was removed for separate consideration under Item IV, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
T. REQUEST FOR APPROVAL of Change Order No. 2 to the Palm Desert Soccer Park
(Contract No. C13140) (Project No. 686-96).
This item was removed for separate consideration under Item IV, Consent Items Held Over.
Please see that portion of the Minutes for discussion and action.
U. REQUEST FOR WAIVER OF FEES Associated with the Washington Charter School's
Ballet Folklorico Dance Troupe in the Palm Desert Civic Center Amphitheater.
Rec: By Minute Motion, approve the request of Washington Charter School Ballet
Folklorico Dance Troupe waiver of fees for use of the Civic Center Amphitheater
on May 3, 1999.
Councilmember Benson requested Items F, I, K, and T be held over for separate consideration.
Councilman Kelly asked that Item Q be held. Mayor Spiegel requested Items G, M, and S be
discussed separately under Item IV, Consent Items Held Over.
Upon a motion by Councilman Kelly, second by Councilman Ferguson, and unanimous vote of the
City Council, the remainder of the Consent Calendar was approved as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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IV. CONSENT ITEMS HELD OVER
F. REQUEST FOR APPROVAL of Contract with Desert View Tree Service, Palm Desert, CA
(Contract No. C15340) for Tamarisk Tree Pruning.
Councilmember Benson asked whether the subject tree trimming would be subject to the
established guidelines for this activity.
Mr. Folkers answered that the subject project involved large tamarisk trees. He said there
was substantial cutting to be done in order to reduce the size of the trees and their needle
shedding, as the neighbors had complained about the nuisance. He noted these trees
wouldn't be subject to the same ornamental tree trimming that would be done on other
species.
Councilmember Benson moved to, by Minute Motion, approve the contract with Desert View Tree
Service, Palm Desert, California, for Tamarisk Tree Pruning, in the amount of $19,800. Motion was
seconded by Councilman Kelly and carried by unanimous vote.
G. REQUEST FOR APPROVAL of Contract for the Country Club Drive Median Landscape
and Irrigation Improvements from Cook Street to 3,800 feet west of Cook Street (Contract
No. C14690) (Project No. 590-99).
Mayor Spiegel noted that bidders one and two were only separated by approximately $600
on the project. He said Mr. Mike Hernandez, president of Pink, Inc., sent a letter asking
Council to review the situation. Mayor Spiegel wondered if, as a charter city, it was
possible to take the second bidder in such a case; he noted Pink had done work for the City
previously.
Councilman Ferguson commented that while Palm Desert was a charter city which provided
authority to opt out of the Government Code competitive bidding procedures, the City had
not yet done so. Therefore, he felt under the Government Code, the City was required to
accept the lowest bidder. He recalled that a similar situation came up over the award of
contract for the Desert Willow Clubhouse between the Dahlin Group and
McFadden/McIntosh, and local preference. If it was desired, he said it should be part of
the process so that prospective bidders were aware of its existence. He was in favor of
supporting a Palm Desert -based company, but he also favored a fair process; and in this
case, the Government Code prescribed the lowest responsible bidder.
Mr. Erwin confirmed that the lowest responsible bidder had to be awarded the contract in
this case, as there was no local preference provision in place. He noted that the City
Manager would soon introduce a new ordinance regarding public contracts, bidding, and
purchasing which included a provision for local preference.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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Councilmember Benson thought there was a local preference provision already in the
municipal code. Mr. Erwin responded that there was not presently such a stipulation,
although there had been much previous discussion about the issue. Currently, however, he
said it was possible to utili7P local entities in the City's purchasing policy, not in public
bidding.
Mayor Spiegel directed the City Clerk's office to prepare a letter to Pink, Inc., explaining
the reasons for the City's inability to accept his bid over the lowest bidder.
Councilman Ferguson moved to, by Minute Motion: 1) Award Contract No. C14690 to Park West
Landscape, Inc., San Marcos, California, in the amount of $148,972.75 for the Country Club Drive
Median Island Landscape and Irrigation Improvements (Project No. 590-99) and authorize a 10 percent
(10%) contingency in the amount of $14,897.28 -- funds are available in the Project Account
No. 231-4624-433-4001; 2) authorize the Mayor to enter into an agreement with Park West Landscape,
Inc. Motion was seconded by Councilman Kelly and carried by unanimous vote.
I. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization.
Upon Councilman Ferguson's inquiry about how the nine surplus vehicles were going to be
disposed of and what, if any, scrap value they had, Mr. Folkers responded that Mr. Gibson
was going to dispose of them through an auction company with proceeds being paid to the
City.
Councilman Ferguson moved to, by Minute Motion, declare the various vehicles described in
Exhibit "A" of the staff report as surplus and authorize disposal. Motion was seconded by Councilman
Kelly and carried by unanimous vote.
K. REQUEST FOR AUTHORIZATION to Purchase a Hand -Held Traffic Radar Gun and
"Speed Monitoring Awareness Radar Trailer" (S.M.A.R.T.).
Councilman Kelly questioned whether the proposed trailer was effective. Mr. Folkers
responded that mixed results were obtained, but he said in talking with residents, they felt
there was value in alerting motorists of the speed limit. Additionally, he said residents
perceived that the trailer's presence resulted in reduced speed, which he felt merited its
approval. Councilman Kelly concurred.
Councilman Kelly moved to, by Minute Motion, authorize a sole source purchase of a Hand -Held
Traffic Radar Gun and "Speed Monitoring Awareness Radar Trailer" (S.M.A.R.T.) from Kustom Signals,
Inc., Lenexa, Kansas, in the amount of $16,450. Motion was seconded by Councilman Ferguson and
carried by unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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M. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Landscaping
Improvements east of Oasis Club Drive and north of Hovley Lane (Palm Desert Resorter)
(Contract No. C15770).
Mayor Spiegel commented that he asked for separate discussion on this item because of its
relation to the assessment district in the Palm Desert Country Club area, which had to be
approved in order for the landscaping to be maintained. Therefore, he hoped landscaping
wouldn't commence before the assessment district was approved.
Mr. David Yrigoyen, RDA Manager, responded that this project was on the Palm Desert
Resorter side, and there was already a maintenance agreement executed with the Resorter
for the project.
Councilman Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for
bids for the installation of landscape improvements east of Oasis Club Drive and north of Hovley Lane
(Palm Desert Resorter). Motion was seconded by Councilman Ferguson and carried by unanimous vote.
Q. REQUEST FOR EXTENSION of Contract with Project Dimensions, Inc., for Specialized
Landscape Inspection Services for Soccer Fields.
Councilman Kelly said he initially had a concern for the uneven turf at the soccer park, and
he wondered if the subject request addressed that problem. Mr. Drell replied that was the
major portion of the work which was being supervised.
Councilman Kelly moved to, by Minute Motion, authorize extension of the contract with Project
Dimensions, Inc. for inspection services, in an amount not to exceed $5,000 from the soccer park
contingency account. Motion was seconded by Mayor Spiegel and carried by unanimous vote.
R. REQUEST FOR APPROVAL of 1999 Summer of Fun Movie Series.
Councilmember Benson said she asked that this item be discussed separately as it seemed to
her that the summer events started earlier and earlier each year-- they were supposed to run
for the summer months, June, July, and August, with the finale in September. She said now
the movie series was starting May 6, well before school was even out for the summer. She
asked if the series for next year could be reviewed so that it was a "summer" event.
Mayor Spiegel reported there were three movies that were unavailable, and he announced
their replacements: 1) To Kill a Mockingbird would be replaced by George of the Jungle;
2) Some Like it Hot would be replaced with League of Their Own; and 3) Meet Me in
St. Louis would be replaced by Rudy. He said the summer series could be revisited by the
Civic Arts Committee for a later start next year.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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Mayor Spiegel moved to, by Minute Motion, approve nine movies to be shown at the Palm Desert ---
Civic Center in connection with the 1999 Summer of Fun, with staff directed to review whether start of
series later in the season would be more in 2000. Motion was seconded by Councilman Kelly
and carried by unanimous vote.
S. REQUEST FOR WAIVER OF FEES Associated with an activity by the Department of
Justice.
Mayor Spiegel summarized the nature of the request, that the Department of Justice (DOJ)
had asked to use Civic Center facilities, a conference room for three days, without a fee.
He asked for his colleagues' input.
Ms. Patricia Scully, Community Affairs Specialist, stated the DOJ-San Diego office
conducted hearings on personnel matters, etc., approximately every three months for
employees based in the region. She recommended denial of the waiver as the activity
involved one conference room for the entire day, and the Department had begun requesting
blocks of entire weeks, which forced relocation of in-house meetings and the prohibition of
any other use.
Mrs. Gilligan added that there was an established City policy which required outside
agencies be charged $30 per hour. She said the only way to waive that requirement was by
City Council action. Further, she said there was so much demand for the conference rooms
by various organizations, that when the $30 charge was imposed, the demand was
diminished.
Councilman Kelly moved to, by Minute Motion, deny the request by the Department of Justice for
a waiver of fees for use of facilities at the Palm Desert Civic Center on May 4-6, 1999.
Councilman Kelly asked whether organizations should really be given such an option, when
the facilities were primarily for City functions and were pretty heavily booked with same.
Mrs. Gilligan responded that generally when the DOJ met at the Civic Center, it was for a
hearing involving a local business, which was the reason the City had provided facilities, to
accommodate those local businesses. Ms. Scully commented that this particular request was
for a personnel hearing regarding wrongful termination.
Motion was seconded by Mayor Pro-Tempore Crites who added that staff should be directed to
continue to use its professional discretion in the administration of such requests, and it carried by
unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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T. REQUEST FOR APPROVAL of Change Order No. 2 to the Palm Desert Soccer Park
(Contract No. C13140) (Project No. 686-96).
Councilmember Benson noted that when Council reviewed various City areas, it was decided
that additional parking should be made at the rear of the soccer park, and she had not yet
seen any nor a request for it.
Mr. Drell responded that the additional parking would require a separate contract; the
subject request was a change to the Valley Crest contract. He said that would be a totally
different contract. Mr. Ortega added that project would come before the Council along with
the master planning of the 40 acres, if not before.
Upon question by Mayor Spiegel, Mr. Drell said it would be completed prior to the next
season and a part of next year's Parks budget, adding that an engineer was currently being
engaged to design the project.
Councilmember Benson moved to, by Minute Motion: 1) Approve Change Order No. 2 with Valley
Crest, Santa Ana, California, for additional work required to complete the construction of the Palm
Desert Soccer Park in the amount of $19,662.48; 2) authorize the transfer of $19,662.48 from
contingency to base. Motion was seconded by Councilman Kelly and carried by unanimous vote.
V. RESOLUTIONS
None
VI. ORDINANCES
For Introduction:
With Council concurrence, Items A, B, C, and D of Ordinances for Introduction were
considered jointly.
A. ORDINANCE NO. 910 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 745 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Ocotillo Drive).
Mr. Mark Greenwood, Transportation Engineer, reported that the Vehicle Code required the
City to perform an engineering traffic study on all streets with other than a 25 miles per hour
prima facie speed limit, such as in a business or residential district; or to lower the speed
limit from the 55 miles per hour or 65 miles per hour national maximum speed limit. He
said the subject and following four locations were due for their five-year renewal, with the
recommended speed zone on Ocotillo reestablishing the existing 35 miles per hour speed
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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limit (no change). He went on to say that reestablishment of the existing 45 miles per hour —
speed limit on Cook Street was recommended, with recommendation for a 40 miles per hour
speed limit on Monterey, and a 50, 40, 35, and a 40 recommended on various segments of
Portola Avenue.
In response to Mayor Spiegel's inquiry whether the subject speed zones had been before the
Public Safety Commission, Mr. Greenwood said this subject had been before the Technical
Traffic Committee, receiving its recommendation for approval.
Councilman Ferguson moved to waive further reading and pass Ordinance No. 910 to second
reading, rescinding Ordinance No. 745, reestablishing the 35 miles per hour speed limit on Ocotillo Drive
between El Paseo and Grapevine Street. Motion was seconded by Councilmember Benson and carried
by unanimous vote.
B. ORDINANCE NO. 911- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 739 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Cook Street).
Councilman Ferguson moved to waive further reading and pass Ordinance No. 211 to second
reading, rescinding Ordinance No. 739, reestablishing the 45 miles per hour speed limit on Cook Street -_
between Country Club Drive and Fred Waring Drive. Motion was seconded by Councilmember Benson
and carried by unanimous vote.
C. ORDINANCE NO. 912 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NOS. 747 AND 787 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Monterey Avenue) .
Councilman Ferguson moved to waive further reading and pass Ordinance No. 212 to second
reading, rescinding Ordinance Nos. 747 and 787, and establishing a 40 miles per hour speed limit on
Monterey Avenue between Park View Drive and Highway 111. Motion was seconded by Councilmember
Benson and carried by unanimous vote.
D. ORDINANCE NO. 913 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NOS. 729 AND 746 AND
AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO
ESTABLISHING SPEED ZONES (Portola Avenue).
Councilman Ferguson moved to waive further reading and pass Ordinance No. 213 to second
reading, rescinding Ordinance Nos. 729 and 746, and establishing speed limits on Portola Avenue,
between Country Club Drive and Magnesia Falls to 50 miles per hour, Magnesia Falls Drive to Highway
111 to 40 miles per hour, Highway 111 to Grapevine Street to 35 miles per hour and Grapevine Street
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
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to Mesa View Drive to 40 miles per hour. Motion was seconded by Councilmember Benson and carried
by unanimous vote.
For Adoption:
A. ORDINANCE NO. 908 - 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 O.S. (OPEN SPACE) TO
R-1 (SINGLE-FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT 40-752
PORTOLA AVENUE OR THE SOUTHEAST CORNER OF PORTOLA AVENUE AND
SILVER SANDS PARKWAY Case No. C/Z 98-8 (U. S. Home Corporation, Applicant).
Mr. Diaz reported that no changes had been made to the ordinance since its introduction,
and adoption was recommended.
Councilman Ferguson moved to waive further reading and adopt Ordinance No. 2Q$. Motion was
seconded by Councilmember Benson and carried by unanimous vote.
VII. NEW BUSINESS
A. CONSIDERATION OF APPEAL BY MCFADDEN/MCINTOSH ARCHITECTS ON
BEHALF OF WALGREENS TO A DECISION OF THE ARCHITECTURAL REVIEW
COMIVIISSION AS IT RELATES TO SIGNAGE AT THE PROPOSED WALGREENS AT
THE SOUTHEAST CORNER OF MONTEREY AVENUE AND SAN GORGONIO WAY
Case No. CUP 97-16 (McFadden/McIntosh Architects, Applicant).
Mr. Steve Smith, Planning Manager, stated that Walgreens presented its working drawings,
including the sign program, to the Architectural Review Commission (ARC), and they were
approved subject to certain conditions. He noted that there were two issues which were
appealed on behalf of Walgreens; first being the free-standing sign proposed at the southwest
corner of the site, right next to the alley adjacent to the bank, specifically, the copy which
included "drive -through pharmacy." He said ARC approved the free-standing sign subject
to deletion of the words "drive -through," so that the sign read "Walgreens Pharmacy"
instead, as ARC felt patrons would be better directed to the drive -through pharmacy using
smaller, directional signs, which were permitted for that type of activity. He reported the
second part of the appeal involved the wall -mounted, individual channel letter signs; the
Applicant's proposal included through -the -face red letters, as shown in the hand-out just
distributed. He said ARC stayed with its typical course, conditioning that they be the
reverse channel letters, but that they would be red— showing red in the daytime, and a halo,
dark color at night.
MR. JIM MC INTOSH, McFadden/McIntosh Architects, said the two issues were separate
but similar-- the first being with the monument sign. He said ARC desired additional
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signage instead of incorporating all the words onto one sign; and Walgreens representatives
indicated they wanted to just keep it on the monument sign and provide no additional
signage. He said the argument was raised that banks didn't have "drive -through" written on
their signs, but banks typically had a drive -through, it was a common part of a bank's
service— there was no need to include it on the sign. However, he felt that having a pick-up
window was a new idea for pharmacies; therefore, Walgreens would rather keep it all on one
sign instead of incorporating additional small signage around the site that merely had "drive -
through" with an arrow.
MR. MC INTOSH said the second issue was with the reverse channel letters. He said as
an architect, he understood the aesthetic reasoning for them. However, he said his client
came to town a few weeks ago and noted the Lucky Store on Deep Canyon incorporated
lighted red signage and wondered whether the Walgreens project was being singled out.
Mr. McIntosh said he told his client what the City preferred, and then he talked with
Planning staff about the situation. He was told the Lucky Store was a new center, and it was
allowed because it faced Highway 111-- the other building signs which didn't face the
highway incorporated reverse channel letters. Therefore, he told his client he would do his
best to present their case.
In response to Mayor Spiegel's question about the drive-through's location, Mr. McIntosh
said the plan was revised so that the drive -through was on the side of the building which
faced San Gorgonio; it was intentionally hidden from view.
Upon question by Councilmember Benson, Mr. McIntosh replied that Walgreens typical sign
program included large letters stating, "drive -through" and a red arrow that pointed around
the building. He advised his client not to even attempt such a program in Palm Desert.
Councilman Ferguson commented that Walgreens was somewhat intractable on such issues,
and he noted many conversations he had with Mr. McIntosh in that regard. He went on to
say that the lighting was not even open for discussion in his opinion. Further, he related that
he visited a contemporary Walgreens store in northern California, with the type of lighting
being proposed, and he found it overpowering at night; he would stay with ARC's decision
on that point. He recalled that originally, the project was turned down, then initially passed,
both on 3-2 votes, which he felt indicated Council's reluctance to do anything which would
aesthetically impact that corner. He appreciated the thought given the project by ARC and
their desire to follow Council's direction, based upon its previous votes, to keep the impact
low on the City's largest traffic volume intersection. He quickly pointed out to Mr.
McIntosh that while he didn't intend it as a personal reflection on him or his client, he
supported ARC's decision in the matter. Councilmember Benson and Councilman Kelly
concurred.
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Councilmember Benson moved to, by Minute Motion, deny the appeal and affirm the decision of
the Architectural Review Commission Motion was seconded by Mayor Pro-Tempore Crites and carried
by unanimous vote.
MR. MC INTOSH said he wanted to make another comment following the Council's vote,
so that he didn't sway their opinion in any way. He commented that the process to design
the subject store was a long and difficult one for him, as well as for City staff. However,
he felt the process had been successful, forcing Walgreens to do things they had not done
previously, changing their policies to implement some of the things done in the subject
design. He closed by stating that as tough as the process was, he was glad it worked.
B. REQUEST FOR APPROVAL OF "HAUTE NIGHTS, COOL SOUNDS" 1999 SUMMER
CONCERT SERIES CONTRACTS.
Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Approve the lineup for the "Haute
Nights, Cool Sounds" 1999 Summer Concert series as described in the staff report; 2) authorize the
Mayor to execute the following contracts in connection with the concert series: Barnyard Boyze (Contract
No. C15790), Instant Replay (Contract No. C15800), Kal David & The Real Deal (Contract No.
C15810), Limpopo (Contract No. C15820), Chicago 7 (Contract No. C15830), Lisa Haley & The
Zydecats (Contract No. C15840), Bel Air Brass (Contract No. C15850), Terremotto (Contract No.
C15860), and Riverside Symphony (Contract No. C15870). Motion was seconded by Councilman Kelly
and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF SUPPLEMENTAL FUNDING FOR COUNTRY CLUB
DRIVE AND MONTEREY AVENUE IMPROVEMENT PROJECT (Contract No. C15240)
(Project No. 640-98).
Councilman Ferguson moved to, by Minute Motion: 1) Defer the northbound Portola Avenue
improvements from San Marcos to north of El Cortez; 2) appropriate $750,000 for the expenditure and
revenue of $350,000 from CVAG; 3) approve payment of a portion of SCE costs to initiate the design
and construction for utility relocation. Motion was seconded by Mayor Pro-Tempore Crites and carried
by unanimous vote.
VIII. CONTINUED BUSINESS
None
IX. OLD BUSINESS
A. JTPDATF. ON HOVLEY LANE EAST AND KANSAS STREET STOP CONTROL.
Mr. Folkers explained that Mr. Greenwood had handled the bulk of callers and
correspondence about the subject traffic situation, and he turned the report over to him.
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Mr. Mark Greenwood, Transportation Engineer, reported that all comments received since
installation of the signs were included in the staff report, and he hadn't received any since
April 1. He went on to say that in response to some concern expressed by the Palm Desert
Resort Country Club, a "Keep Clear" pavement marking, and "Do Not Block Intersection"
signs were placed on the north leg of Kansas (the Resort's back gate). He was surprised at
the few comments received; he expected more.
Mr. Folkers added that Mr. Greenwood wasn't present for discussion with the Project Area
No. 4 Committee on Monday, where they had asked for and staff agreed to provide an
analysis of various options that could be considered— requests for traffic signals, etc. He
said those options would be brought back to the Committee, and the 90-day report from the
trial period would be brought back to the Council at its May 27 meeting. Mayor Spiegel
stated the Project Area No. 4 Committee would meet and make its recommendation about
what should be done prior to the Council's May 27 meeting.
Councilman Kelly was concerned that not all Project Area No. 4 residents would have
opportunity to provide their input on the situation. Mr. Folkers responded that staff planned
to present the various options in the discussion at the Committee meeting, and in the
meantime, Committee members were going to talk to their constituents from the various
developments there. He stated that it wouldn't be done by way of a general meeting for the
entire area, as had been done in the past. Councilman Kelly was also concerned for ingress
and egress by Palm Desert Country Club residents and how they could best participate in the
decision making process.
Mayor Spiegel felt the residents should be notified (i.e. their local newsletter, etc.), so that
input could be obtained from all residents of the area, not just Committee members. Mayor
Pro-Tempore Crites suggested directing staff to request the Committee to obtain maximum
feedback from area residents, allowing them to use their own judgment in the method of
soliciting same. Councilman Kelly concurred, noting that Council was very cautious about
making such decisions, and then only after a good deal of input was received from affected
parties.
Mr. Greenwood asked whether Council felt publishing a notice in the country club
association's newsletter would be adequate notification to the residents, as it had a
circulation of about 2,000, including those who were not association members. He said
when the City did its own mailing, approximately 1,700 notices were sent out with a
substantial number of returns; the association had a larger circulation than the addresses
located by the City. Councilman Ferguson felt, at a minimum, the association should be
asked to again publish a notice in their newsletter, letting residents know that the 90-day trial
period was about to expire and any comments should be filed with the City as soon as
possible.
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With Council concurrence, Mayor Spiegel directed staff to make its recommendation for notifying
area residents to Councilmen Ferguson and Kelly for their concurrence before taking action.
MS. MARJORIE HARLAN, 41-946 Preston Trail, Palm Desert, member of the Citizens'
Advisory Committee for Project Area No. 4, stated that when discussion about the subject
intersection was held, she asked Mr. Folkers if what was planned on the Palm Desert
Country Club (PDCC) side of Kansas would impact the Palm Desert Resort (PDR). She
was told it would not; consequently, members of PDR did not attend that meeting, nor were
they aware of it. She said those who attended the meeting were members of PDCC, noting
that the Project Area No. 4 Committee had four members from Palm Desert Country Club,
and she was the only member from the Resorter. As a result, she said the intersection had
been modified to be very amenable to PDCC and impossible for PDR— residents were
unable to enter or exit the gate when there was significant traffic, and she demonstrated the
current configuration. She related that last week when she exited the development at that
intersection, a woman had just come upon the tremendous onslaught of signs, stopped her
car in the middle of Hovley Lane and shrugged her shoulders in bewilderment— drivers
couldn't tell what it was they were to do. She said residents were unable to exit their gate
because while it said "Keep Clear" in two lanes, there was a third lane there with a stop sign.
She went on to say that her husband recently exited and wanted to turn left; the first two
lanes stopped because they saw him, and when he pulled out, the third lane was still
traveling at normal speed. She feared for the potential of someone being hurt at the
intersection, and she wished the matter would be reconsidered. She suggested the possibility
of placing the stop sign east of PDR's intersection, so that cars stopped and allowed PDR
ingress and egress, which she felt would not negatively impact PDCC.
Mayor Pro-Tempore Crites noted that reconsideration of the situation had always been on
the Council's agenda. Councilman Ferguson added that it was approved as a 90-day test
period so that, if necessary, exact adjustments could be made at that time.
Councilman Kelly noted that Ms. Harlan's exclusion from the previous process was what
worried him, and he reiterated his concern for involving all affected parties. Councilman
Ferguson suggested the Palm Desert Resorter include an announcement in its newsletter
regarding the upcoming end of the 90-day trial and soliciting comments for same; he noted
that while he had heard from Ms. Harlan, he hadn't heard from any of her neighbors, and
he wanted to hear their concerns.
B. REQ LEST FOR APPROVAL OF CONTRACT FOR SOLID WASTE AND
RESIDENTIAL RECYCLING FRANCHISE CONSULTING SERVICES (Contract
No. C15690).
Councilman Ferguson noted for the record that he would abstain from voting on this item
as he represented a local waste hauler, and he excused himself from the discussion.
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In response to Councilman Kelly's inquiry, Mr. Wohlmuth stated that Council had
previously considered the matter; however, the contract with Hilton, Farnkopf & Hobson
was not a part of the staff report considered at that time. Therefore, he said the contractor
came back with a full agreement, including Council's recommendations on expending and
recovering the funds, and it was now presented for consideration.
Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Authorize Mayor to enter into a
contract, not to exceed $95,000, with Hilton, Farnkopf & Hobson, LLC, for solid waste and residential
recycling franchise consulting services; 2) approve $35,000 to be allocated from Account No. 236-4195-
454-30-90 (Solid Waste and Recycling Fund) and the use of $60,000 currently encumbered in the
Environmental Conservation Division's budget under Professional/Temporary Help (Account No. 110-
4511-442-30-35) for the cost of said consulting services. Motion was seconded by Mayor Spiegel and
carried by a 4-0 vote with Councilman Ferguson ABSENT.
C. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE PALM
DESERT SKATE PARK (Contract No C15160) (Project No. 684-98).
Upon question by Mayor Pro-Tempore Crites as to why the related shade cover purchase
was requested as a sole source, Mr. Drell responded Shade Concepts was the only vendor
who supplied a shade cover of that specific design. Mayor Spiegel added that the total
expense was less than what was approved by Council.
In response to Councilman Kelly's concern for the concrete surface, Mayor Spiegel and
Mr. Drell answered it was special concrete, and that was the reason for the request to award
the contract to the second lowest bidder who had such specific, successful experience.
Mayor Pro-Tempore Crites related that yesterday he ran into some youngsters who were
skateboarding in the Portola Community Center parking lot. He shared with them the fact
that award of the Skate Park contract was before City Council at this meeting and was about
to become a reality.
Mayor Spiegel commented to his colleagues that the middle school students and some
elementary school students were integral in the Skate Park's design. He said they would be
asked to participate in the project's ground breaking.
Councilmember Benson said she was confused about IMAC Construction's request to
withdraw and staff's determination that their bid was nonresponsive. Mr. Drell answered
that staff recommended IMAC not be awarded the bid, as they were unqualified; IMAC
wanted to withdraw its bid since they had omitted an important item. He said IMAC then
acknowledged that their bid was inaccurate and too low, and the second bidder, Malibu
Pacific, who had outstanding references for this type of project, was recommended by staff
for the contract award.
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Upon question by Mayor Pro-Tempore Crites, Mr. Drell replied that the goal for people
skating on the facility was July 4, 1999.
Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Find the bid by IMAC Construction,
Inc., to be non -responsive; 2) award Contract No. C15160 to Malibu Pacific Tennis Courts, Inc., for the
construction of the Palm Desert Skate Park (Project No. 684-98) in the amount of $439,000 and authorize
a ten percent (10%) contingency in the amount of $43,900; 3) authorize the Mayor to enter into an
agreement with Malibu Pacific Tennis Courts, Inc.; 4) approve the purchase and installation of the Skate
Park shade cover by Shade Concepts (sole source) in the amount of $30,936; and 5) appropriate an
additional $103,000 to cover all project related costs — funds are available in Parks and Recreation
Fund 233. Motion was seconded by Councilman Kelly and carried by unanimous vote.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING.
D. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C14230
FOR ADDITIONAL CONSTRUCTION SERVICES AT THE DESERT WILLOW GOLF
CLUBHOUSE PROJECT.
Mr. Rudy Acosta, Development Manager, apologized for presenting such a large staff report
at the last moment, but he explained staff was attempting to obtain better prices right up to
the last moment. He said that the Desert Willow Committee recommended bringing as many
items to City Council as possible to inform it of the actions which had occurred during
management of the project. He stated one part of the report identified the aggregate total
of enhancements determined necessary, after considerable discussion by the Desert Willow
Committee, to complete the type of clubhouse envisioned by the community. He said there
had been tremendous response and interest in use of the facility, which drove the requests
and, ultimately, the decisions for upgrading certain items. Secondly, he stated the larger
portion of the subject change order dealt with off site work that would have to be done,
whether or not the Clubhouse, a hotel, or a conference center was built first. He said the
turnaround was such an item; it had actually been a part of the construction contract with
Park West for the Mountain View Course, but it was decided that item would be eliminated
from the scope of work because there were concurrent negotiations for a hotel which wanted
to somewhat revise the configuration on that parcel. Therefore, he stated the project now
had to reincorporate the turnaround for the facility's October opening.
Mr. Acosta went on to say that in all the cases it was difficult, without the particular
elements' design, to identify total costs of the items. However, in anticipation of the
development of the Desert Willow Resort, the infrastructure items (i.e. water and sewer
improvements, etc.) would have to be addressed sooner or later. He said in budgets for
construction of the Mountain View Course, an approximate $1.6 million contingency was
indicated (Exhibit "B" of the staff report) to cover such costs. He noted a correction to be
made in the staff report on page 5, under "Log 6 - Install Off -site Water & Sewer Lines to
17
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Clubhouse Pad," should be for sewer and water line connection east (instead of west) end
of the Clubhouse pad; it only addressed that portion of the loop from one side of the
Clubhouse 1,.44,:,alg to the other. He said staff was unable to address the other portion at this
time; again, because of hotel negotiations— staff hoped to know whether an ultimate or
temporary sewer application was needed across the conference center pad. Although a
previous Council action approved the engineering design and that cost was covered, a
decision by the Desert Willow Committee was needed, and that cost would be reflected on
a subsequent change order.
Councilman Ferguson commented that when the subject issue came before the Desert Willow
Committee, he wanted to know where the change order put the project in the overall budget,
as City Council had approved $6 million for construction of a 30,000± square foot
clubhouse facility, with the prevailing bidder at $5,847,000. Additionally, he said in
spending the money budgeted, an additional $128,000 was saved, leaving $281,000 below
what Council had authorized. Therefore, the Desert Willow Committee felt that rather than
asking for a change order of $414,000, it really exceeded Council's authorization by
$133,000 for just the Clubhouse part of the work. He said the off site part of the work was
well within the contingency for the overall Desert Willow budget, and he understood that
even the $133,000 above the $6 million authorization still fit within the overall project
contingency.
Mr. Acosta affirmed Councilman Ferguson's statement, and further, he confirmed to
Councilmember Benson that the Clubhouse was still basically a $6 million project.
Councilman Ferguson moved to, by Minute Motion, approve Change Order No. 1 to Contract
No. C1423Q with Douglas E. Barnhart Inc., San Diego, California, for additional construction services
at the Desert Willow Clubhouse Project in the amount of $645,061; and authorize the transfer of funds
from General Fund Unobligated Reserves to Account No. 400-463-454-4001. Motion was seconded by
Councilman Kelly and carried by unanimous vote.
X. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, noted the written report provided in
the agenda packets She added that there were a few store announcements to make; of
the five leases out for signature at The Gardens, one has been signed with Paul Shark,
an Italian designer comparable to Polo and Nautica. She went on to say the store would
begin with men's apparel, and after the first year, they would entertain the idea of
adding women's apparel. Additionally, she announced that the former Angie's
restaurant had a lease out for signature; Tony Roma's had announced an expansion; and
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there was a lease out for signature on the former Circuit City building, which she hoped
to be able to make a further announcement on the property in the next four to six weeks.
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Rudy Acosta, Development Manager, handed City Councilmembers the latest
update on the construction schedule for the Desert Willow Clubhouse. He noted the
project was still on schedule; the downstairs slab in the cart barn was finished, the
Spancrete was in, and the upstairs slab and undergrounding of the utilities was ahead of
schedule. He said the project was nearly to the point of displaying vertical elements on
the top floor, which he anticipated would occur in the next two weeks.
B. CITY MANAGER
1. "Kelly Cup" High School Golf Tournament
Mr. Diaz stated he needed to add something to the agenda by four -fifths vote regarding
the high school golf tournament at Desert Willow.
Councilman Ferguson moved to add the subject consideration to this agenda. Motion was seconded
by Mayor Pro-Tempore Crites and carried by unanimous vote.
Mr. Diaz recalled that the tournament's concept was previously approved by the City
Council, and it was being scheduled for all local high schools' participation. However,
he said the previous approval did not include funding in the amount of $5,000; therefore,
he requested an appropriation of that amount from unappropriated reserves.
Mayor Pro-Tempore Crites moved to, by Minute Motion, appropriate $5,000 from unappropriated
reserves to conduct the "Kelly Cup" Golf Tournament. Motion was seconded by Mayor Spiegel and
carried by a 4-0-1 vote with Councilman Kelly ABSTAINING.
C. CITY ATTORNEY
Mr. Erwin requested Closed Session at an appropriate time for both the City Council and
Redevelopment Agency for those items listed on the agenda. He then asked Council's
consideration of adding one item to this agenda by four -fifths vote:
Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
b) Indian Springs, Ltd., a partnership, v. City of Palm Desert, Riverside County
Superior Court Case No. INC011612
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Mayor Pro-Tempore Crites moved to add the aforementioned litigation to this meeting's Closed —
Session. Motion was seconded by Councilman Ferguson and carried by a 4-0-1 vote with Councilmember
Benson ABSTAINING.
1) Request for Closed Session:
Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
a) 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: .,2_
2) Report and Action on Items from Closed Session Made at This Meeting.
D. CITY CLERK
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
0 City Council Requests for Action:
1. Bus Shelter at Fred Waring and Monterey (Councilmember Jean M. Benson)
Councilmember Benson stated that at the last Art In Public Places Commission
Meeting, Commissioners asked about the art in the bus shelter at Fred Waring and
Monterey, as the project had never come back before them for consideration. She
asked what happened to the project since the building there (Mike Homme's
building) was nearly complete. Councilman Kelly said he also wanted to be
brought up to date, as he recalled that was a requirement of the approved project
at that site.
Mr. Drell added he was aware of a bus shelter design, but that he had seen nothing
further either. Mr. Folkers said it had been passed back and forth several times,
offering that his department would take over the project to get it back on track.
Councilman Kelly commented that location was probably the most used bus stop
in the whole City, noting that Council was very emphatic about having something
that tied in with the building there.
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Mrs. Gilligan said staff would get the information and provide it to Council at its
next meeting.
2. Charter City Implementation (Councilman Ferguson)
Councilman Ferguson requested that the next Regular City Council Meeting agenda
include a report on charter city implementation for all the aspects promised to
voters in the pamphlet distributed by the City in the 1997 election.
3. Palm Desert High School (Councilman Ferguson)
Councilman Ferguson asked that the May 13, 1999, Regular City Council Meeting
agenda also include a status report on Palm Desert High School and the related
issues discussed at the Council's March 25, 1999, meeting. He noted that he and
Mayor Spiegel were appointed to a subcommittee to discuss the matter with Doris
Wilson.
Mayor Pro-Tempore Crites noted that the list of improvements for Palm Desert
High School had been given a completion date of September 1, and he hoped staff
was diligent in its efforts to meet that date or would provide the information
necessary to make a decision beyond that deadline.
4. Targeted Speed Enforcement along Kansas Street (Councilman Ferguson)
Councilman Ferguson stated he would also like to receive a report at the May 13,
1999, City Council Meeting regarding the targeted speed enforcement he requested
along Kansas Street.
o City Council Committee Report' :
1. League of California Cities Board Meeting (Councilman Richard S. Kelly)
Councilman Kelly reported that a state board meeting for the League of California
Cities had been held recently. He re fled for his colleagues the ABC program
where cities could have representation and possibly sponsor certain initiatives on
the state ballot. The day before the subject board meeting, he said an Assembly
member quickly put in a bill, AB85, which prohibited cities from that activity.
However, he said the bill didn't prohibit school boards or any other agencies and
was made retroactive to January 1. He noted Assemblyman Battin voted yes on the
bill, and it would now be going before the State Senate.
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2. ,Sand Reclamation for the Coachella Valley Preserve (Councilmember
Jean M. Benson)
Councilmember Benson said she attended the dedication of the sand reclamation
program initiated by SunLine for the fringe -toed lizards in the Coachella Valley
Preserve.
3. College of the Desert Institute of Retailing (Mayor Robert A. Spiegel)
Mayor Spiegel reported that College of the Desert's Institute of Retailing was
putting together a customer service program strictly for the City of Palm Desert
and said he attended a meeting on the subject this morning with Business Support
Manager Ruth Ann Moore. He said citizens would be asked to evaluate customer
service in the City's various restaurants, specialty stores, department stores, etc.,
over the summer with awards being presented to the businesses providing the most
outstanding customer service in Palm Desert. He hoped that the City would
sponsor the program awards, which he said would be brought back for Council's
consideration at a future date. The program's goal was to improve customer
service in the City of Palm Desert, and it had already received much cooperation
from the local media. He noted Maureen Daly from the Desert Sun would be in
charge of the restaurant group. Further, he said if it was determined to be good
for Palm Desert, it would be expanded throughout the Valley.
Upon a motion by Councilman Ferguson, second by Mayor Spiegel, and unanimous vote of the City
Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:18 p.m. He reconvened the
meeting at 7:00 p.m.
XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XII. AWARDS, PRESENTATIONS AND APPOINTMENTS
A.
PRRRENTATION OF PROCLAMATION RECOGNIZING JUSTIN MC BRIDE.
Mayor Spiegel presented a framed proclamation to Mr. McBride in recognition of the
historical collage he crafted for the City in honor of its 25th Anniversary. Mayor Spiegel
noted that the collage had been on display throughout the City over the past year, and it
would now be placed at the Palm Desert Historical Society for all to enjoy in perpetuity.
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B. PRESENTATION TO RECOGNIZE LIEUTENANT COLLEEN WALKER FOR HER
CONTRIBUTION TO THE CITY OF PALM DESERT.
Mayor Spiegel said he made the presentation to Lt. Walker with mixed emotions— happy
because she had been promoted to the rank of lieutenant, but sad because along with her
promotion, she was being transferred from Palm Desert to Banning. He then presented her
with a crystal and granite monument honoring her eight years of service to the City of Palm
Desert.
C. PRESENTATION TO SAPNA PEDMENABHAR, RIVERSIDE COUNTY SPELLING
BEE CHAMPION.
Mayor Spiegel noted that Ms. Pedmenabhar was not in attendance to receive special
recognition, but he noted she was a Palm Desert Middle School student who won the
Riverside County Spelling Bee by correctly spelling "eponymous." Further, he said she
would represent the County in Washington, D.C., this summer, by participating with
students from throughout the United States in the National Spelling Bee.
With Council concurrence, the presentation to Ms. Pedmenabhar was continued to the meeting of
May 13, 1999.
D. PRESENTATION TO MICHELLE JAMIESON FOR HER CONTRIBUTION TO THE
CHILDREN'S SECTION OF THE PALM DESERT LIBRARY.
Mayor Spiegel recognized Ms. Michelle Jamieson for the special excitement her recent
design work there brought to the Children's Section of the Palm Desert Library. He
presented her with an engraved crystal vase complete with floral bouquet.
E. PRESENTATION OF AWARDS TO THE WINNERS OF THE 1999 STUDENT ART &
ESSAY CONTEST.
Mayor Spiegel and Civic Arts Committee Chairperson Sloane Halloran -Lewis made
presentations to all the categorical winners of the 1999 Student Art & Essay Contest. A
copy of the program denoting all such winners was received for the record and is made a
part of these Minutes as Exhibit "A."
Following presentation of all the 1999 Art & Essay Contest Awards, and with City Council
concurrence, Mayor Spiegel recessed the meeting at 8:00 p.m. to allow those participants to exit
the Chamber. He reconvened the meeting at 8:05 p.m.
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XIII. PUBLIC HEARINGS
A. RRQ JEST FOR APPROVAL OF MASTER DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT, AND CERTIFICATION OF AN ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE COACHELLA VALLEY CAMPUS OF THE
CALIFORNIA STATE UNIVERSITY-SAN BERNARDINO Case No. CUP 99-3.
(California State University -San Bernardino, Applicant).
Mr. Drell noted that there was a great deal of written material in connection with the subject
project, that Dr. Peter Wilson was in attendance to provide a description of the project, and
the environmental consultant would answer any questions about the EIR.
Mayor Spiegel declared the public hearing wen and invited testimony FAVORING or OPPOSING
the subject case.
DR. PJ1'Ett WILSON, California State University -San Bernardino Coachella Valley Center,
Palm Desert, stated he was pleased to be before the City Council, and he looked forward to
returning at a later meeting with the other pending item. He offered to answer any questions
Council had.
Upon question by Mayor Pro-Tempore Crites, Mr. Diaz affirmed that details of the
Disposition, Development and Implementation Agreement would be discussed at the
May 13, 1999, hearing. Mayor Spiegel added that he anticipated a study session being held
prior to May 13 to review the fine points of the agreement, and he planned to adjourn this
meeting to such a time.
Mayor Spiegel declared the public hearing closed.
Councilman Ferguson moved to, by Minute Motion: 1) Certify the Environmental Impact Report
(SCH 97111071) for the Coachella Valley Campus Master Plan and Conditional Use Permit; 2) adopt the
findings set forth in the staff report and Resolution; 3) waive further reading and adopt Resolution
No. 99-34, approving the California State University -San Bernardino Coachella Valley Campus Master
Plan and associated Conditional Use Permit No. 99-3, subject to the mitigation measures set forth in the
Project EIR. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote.
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B. CONSIDERATION OF AN AMENDMENT TO CHAPTER 25.16.030 OF THE PALM
DESERT ZONING ORDINANCE TO ALLOW OFFICE PROFESSIONAL PARKING
LOTS AS A CONDITIONAL USE WITHIN THE R-1 ZONE WHEN DIRECTLY
ADJACENT TO OFFICE PROFESSIONAL ZONED PROPERTY AND CONSISTENT
WITH THE RECOMMENDATIONS OF AN ADOPTED SPECIFIC PLAN. Case
No. ZOA 99-1 (City of Palm Desert, Applicant).
Councilman Ferguson commented that Comprehensive Zoning Ordinance Review Committee
(ZORC) would be meeting between this meeting and the next, the Committee had not yet
reviewed the subject amendment, and he asked that it be reviewed prior to the May 13
meeting.
Mayor Spiegel declared the public hearing ripen and invited testimony in FAVOR of or OPPOSED
to the subject case. No testimony was received for the record.
Mayor Pro-Tempore Crites moved to continue the subject public hearing to the meeting of May 13,
1999. Motion was seconded by Councilman Kelly and carried by unanimous vote.
C. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION, PRECISE
PLAN AND FRONT SETBACK VARIANCE FOR A TWO STORY 7,500 SQUARE
FOOT OFFICE BUILDING AT THE SOUTHWEST CORNER OF FRED WARING
DRIVE AND ACACIA DRIVE. (APN 640-122-011 and 012) (44-061 ACACIA) Case Nos.
PP/CUP 99-3 and VAR 99-1 (Sean Kearney, Applicant).
Mayor Spiegel declared the public hearing open and invited testimony FAVORING or OPPOSING
the subject cases. No testimony was received for the record.
Mayor Pro-Tempore Crites moved to continue the subject public hearing to the meeting of May 13,
1999. Motion was seconded by Councilmember Benson and carried by unanimous vote.
XIV. ORAL COMMUNICATIONS
None
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 22, 1999
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
XV. ADJOURNMENT
Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Kelly, and unanimous vote
of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 8:18 p.m. He reconvened
the meeting at 8:30 p.m., with no action announced from Closed Session, and immediately adjourned to
2:00 p.m. Tuesday, April 27, 1999, for the purpose of holding an adjourned joint meeting of the City
Council/Redevelopment Agency.
ATTEST:
SHEILA R. GAN, CI7/CLERK
CITY OF PALM DESERT,, ALIFORNIA
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