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HomeMy WebLinkAbout1999-08-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:00 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly 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 Carlos L. Ortega, RDA Executive Director Richard J. Folkers, ACM/Director of Public Works Patrick Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Lisa V. Constande, Environmental Conservation Manager Teresa LaRocca, Housing Manager David Yrigoyen, RDA Manager Rachelle D. Klassen, Deputy City Clerk III. CONSENT CALENDAR A. MINUTES of the Adjourned Joint Meeting of the Palm Desert City Council and Redevelopment Agency of July 22, 1999. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 7PD Office Complex, 8PD Office Complex, 9PD Office Complex, 1OPD Office Complex, and 12PD Office Complex. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. PORTFOLIO MASTER SUMMARY for the Period Ending June 30, 1999. Rec: Receive and file. D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Santoro Annalisa for Heavenly Diner, 77-682 Country Club Drive, Suite L, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE for Pinnacle Juice Bar, 74-824 Lennon Place, Palm Desert. Rec: Receive and file. D-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Calvillo Fidella for Carniceria La Castena, 44-795 San Pablo Avenue, Suite 1, Palm Desert. Rec: Receive and file. E. MINUTES of the City Committee/Commission Meetings. 1. Promotion Committee Meetings of May 18, 1999, and Special Meeting of July 1, 1999. 2. Art In Public Places Commission Meetings of May 19, and June 16, 1999. 3. Public Safety Commission Meetings of May 19, and June 16, 1999. 4. Housing Commission Meeting of June 9, 1999. 5. Civic Arts Committee Meeting of June 14, 1999. 6. Golf Course Committee Meeting of June 14, 1999. Rec: Receive and File. F. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization. Rec: By Minute Motion, declare the various equipment described in Exhibit "A" of the staff report as surplus and authorize disposal. G-1. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Civic Center HVAC Replacement (Contract No. C16350). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for replacing roof heating, ventilation, and air conditioning (HVAC) systems on the Civic Center Building. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G-2. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Intersection Improvements at Cook Street and 42nd Avenue/Green Way (Project No. 641-99) (Contract No. C16360). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. H. REQUEST FOR APPROVAL of Agreement for the Installation of Holiday Decorations (Contract No. C13422) Removed for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. I. REQUEST FOR AUTHORIZATION to Reject all Bids and Re -advertise for Civic Center Tenant Improvements (Contract No. C15420) Rec: By Minute Motion, authorize the Mayor to reject all bids and re -advertise for subject project. J. AUTHORIZATION TO PURCHASE Traffic Signal Poles and Mast Arm for the Widening of Monterey Avenue at San Gorgonio (Project No. 672-98). Rec: By Minute Motion, authorize staff to purchase the traffic signal poles and mast arm for the subject project in the amount of $7,935.79. K. REQUEST FOR APPROVAL of Easement for Encroachment Agreement for Property Located on Fred Waring Drive, Between San Luis Drive and Fairhaven Drive (Mesa Office Center/Chestnut Realty, Applicant). Rec: By Minute Motion, authorize the Mayor to execute an Fasement for Encroachment Agreement between the City of Palm Desert and Chestnut Realty. L. REQUEST FOR APPROV T. of Deed Restriction Agreement with El Paseo Property Owner Requiring Pedestrian Retail Use on El Paseo Frontage at 73-180 El Paseo. Rec: By Minute Motion, authorize the Mayor to sign Deed Restriction Agreement with W. Ray Henderson, M.D. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REQUEST FOR APPROVAL of a One -Year Lease Agreement with the Coachella Valley Recreation and Park District (Contract No. C16370). Rec: By Minute Motion, authorize the Mayor to enter into a one-year lease agreement with the Coachella Valley Recreation and Park District (CVRPD) for an amount of $6,602.40 for 262 square feet of office space (Offices 1 & 3) within the Portola Community Center. N. REQUEST FOR AWARD OF CONTRACTS for Artwork Loan Agreements for Artwork Located on El Paseo. Removed for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. O. REQUEST FOR APPROVAL of City -Wide Striping. Rec: By Minute Motion, continue utilizing the services of the County of Riverside Transportation Department, Riverside, California, for city-wide street striping and authorize an amount not to exceed $50,000 for these services. P. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C15900 -- Palm Desert Soccer Park. Rec: By Minute Motion, approve Change Order No. 2 to the subject contract in the amount of $4,000 for additional specialized landscape services by Project Dimensions, Inc., Irvine, California. Q. REQUEST FOR APPROVAL of Addendum to Contract No. C15480 -- Desert Willow Clubhouse Inspection Services. Rec: By Minute Motion, approve the addendum to subject contract with Southland Geotechnical, Bermuda Dunes, California, in the amount of $22,765 for inspection services, appropriating said amount from the Project Fund 400-4663-454-4001. R. REQUEST FOR APPROVAL of Community Development Block Grant Agreements for FY1999-2000. Rec: By Minute Motion: 1) Approve the County of Riverside's Supplemental Agreement authorizing the use of FY 1999-2000 Community Development Block Grant funds; 2) approve the Subrecipient Agreement between the City of Palm Desert, California, and the County of Riverside Housing Authority for use of Community Development Block Grant funds at its Nightengale Manor Shelter. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. REQUEST FOR APPROVAL of Hold Harmless Agreement with Owners of Property Adjacent to the Desert Willow Golf Resort. Rec: By Minute Motion, approve the subject Hold Harmless Agreement (Contract No. C16550) with Stephen J. Bartley for property at 38-770 Desert Mirage Drive, Palm Desert, California, and authorize the Mayor to execute same. T. REQUEST FOR APPROVAL of Everyday Hero Program Concept. Rec: By Minute Motion, approve the Everyday Hero Program concept as developed by a subcommittee of the Civic Arts Committee. U. REQUEST FOR APPROVAL to Permit the Sale, Possession, and Consumption of Alcoholic Beverages on City -owned Property. Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages on City -owned property in connection with Soroptimist International of Palm Desert's Fall Meeting, scheduled to be held at the Civic Center Park on October 15, 1999. V. REQUEST FOR APPRQVAI, of Refund of Business License Fee. Rec: By Minute Motion, approve the refund of $30 to Mai Nguyen for unused portion of Business License No. 99-17960. W-1. REQUEST FOR WAIVER of Fees Associated with Big Brothers/Big Sisters of the Desert 5K Run/Walk in the Palm Desert Civic Center Park. Rec: By Minute Motion, approve the request for waiver of fees for the Big Brothers/Big Sisters of the Desert Second Annual Palomino 5K Run/Walk scheduled to be held on Sunday, September 12, 1999, in the Palm Desert Civic Center Park. W-2. REQUEST FOR WAIVER of Fees Associated with City of Hope Lauren's Run. Rec: By Minute Motion, approve the request for waiver of fees for the City of Hope Lauren's Run scheduled to be held on Saturday, November 13, 1999, in the Palm Desert Civic Center Park. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * W-3. REQUEST FOR WAIVER of Fees Associated with the Alzheimer's Association Memory Walk. Rec: By Minute Motion, approve the request for waiver of fees for the Alzheimer's Association Memory Walk scheduled to be held on Saturday, February 5, 2000, in the Palm Desert Civic Center Park. W-4. RFI2 MST F,_QR WAIVER of Fees Associated with the National Multiple Sclerosis Society's Annual Walk-A-Thon. Rec: By Minute Motion, approve the request for waiver of fees for the National Multiple Sclerosis Society's Annual Walk-A-Thon scheduled to be held on Saturday, April 8, 2000, in the Palm Desert Civic Center Park. X. REQUEST FOR RELEASE of Bonds for Tract No. 27770 (Sheffield Homes, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the development bonds. Y. CONSIDERATION of Report for Fairway Drive. Removed for separate consideration under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. Z-1. LETTER OF RESIGNATION from John Lavender from the Promotion Committee. Rec: Receive with very sincere regret. Z-2. LETTER OF RESIGNATION from Joyce Frisco from the Citizens' Advisory Committee - Project Area No. 4. Rec: Receive with very sincere regret. Councilman Ferguson requested Item N be considered separately, Councilman Kelly asked that Item Y be held over, and Mayor Spiegel requested Item H be considered 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. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT ITEMS HELD OVER H. REQUEST FOR APPROVAL of Agreement for the Installation of Holiday Decorations (Contract No. C13422). Mayor Spiegel requested further discussion of the item as he wondered whether it would be appropriate to enhance the present scheme of holiday decorations in the City. Councilmember Benson commented that the decorations were changed in 1997 and were expanded in 1998, including rewinding of the poles to increase the scope of decoration. Mayor Spiegel moved to, by Minute Motion, approve the subject contract with The Jarvis Company, Brentwood, California, in the amount of $4,628.25, for holiday decoration installation and storage, and authorize the Mayor to execute same, with further direction to staff to provide a review of the scheme to identify areas for possible enhancement. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. N. REQUEST FOR AWARD OF CONTRACTS for Artwork Loan Agreements for Artwork Located on El Paseo. Councilman Ferguson noted he would vote in favor of the item, not because of the artwork contained in it, but for the way the recommendation came to the Council. He understood the exhibit had been set up differently than in years' past, and he asked staff to elaborate on the role played by the El Paseo Merchants Association in selection of the art pieces for the upcoming program. Mrs. Gilligan explained that in the past the Art In Public Places Commission and Community Arts Manager worked on selection and placement of the art, with the City actually installing and removing it at the exhibition's end. She went on to say that merchants on El Paseo had expressed their concerns and displeasure with past selections. Therefore, responding to those concerns, the City asked the merchants whether they would take over the exhibit, which they declined; and the City then suggested engaging the services of an art curator to perform the task. Mrs. Gilligan said a curator was chosen who had actually owned a gallery on El Paseo, was familiar with the various gallery owners and merchants there, and seemed like a good fit for the responsibility. The City then entered into a contract with the curator, with a committee consisting of Art In Public Places Commissioners and members of the El Paseo Business Association making the art selections. Mrs. Carolyn Miller, Community Arts Manager, added that the guest curator was engaged to discuss, with a variety of artists of her genre, the subject non -narrative, contemporary exhibition. She went on to say that originally, keeping the exhibit two years was contemplated; however, after careful consideration, it was decided one year would be more appropriate, with the ability to provide a different type of exhibition in the following year. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mrs. Miller commented that many of those involved wanted to see a diverse type of exhibition, and she was well aware that it would have great appeal to some and not to others. She said by changing it every year, there was opportunity for a greater variety of pieces to attract tourists and appeal to a wider range of community members. Mayor Pro-Tempore Crites believed the vast majority of merchants had been happy in past years; however, there had been a couple of individuals who were less than enthused. Therefore, he said the City responded to that issue, and he suspected there would be the same number that wouldn't like this year's offering. He cautioned that the issue should be treated with care so as not to alienate Palm Desert citizens from the process nor the exhibit itself. For future years' exhibits, he suggested multiple block segments, making outdoor galleries with various themes for each segment so as to appeal to a wider audience, such as the Palm Springs Desert Museum offered multiple types of art presentations. Councilmember Benson remarked she learned, from sitting in on the meetings since Ms. Valerie Miller was engaged to perform her services for this purpose, that problems were encountered in obtaining artists to loan their pieces for one or two years when they would otherwise be able to sell them. In light of that, she commented many of the artists were creating works especially for El Paseo because they wanted to participate in the program, which contributed to the eclectic nature of the exhibit. Upon question, Ms. Miller responded the City purchased two pieces that were currently on exhibit, Perpetual Motion by Bruce Stillman, and Giraffe by William Allen. She said a piece had not yet been selected from the subject new exhibition, noting at the last AIPP meeting a special meeting in early January was requested for the purpose of drafting a master plan for placement of such pieces that were already purchased or might be in the future. She remarked that as an investment, artwork required proper placement; and it was anticipated that meeting may also result in a recommendation to purchase a piece from the upcoming exhibit. Councilman Ferguson moved to, by Minute Motion, approve the following contracts, in the amount of $1,000 each, for the loan of artwork for the Year 2000 El Paseo Exhibition: Contract No. C16380 with Learsi Gallery for Ilan Averbuch, Contract No. C16390 with Michael Bigger, Contract No. C16400 with Ken Bortolazzo, Contract No. C16410 with Hans Vande Bovenkamp, Contract No. C16420 with Paul Chikov, Contract No C16430 with Coda Gallery for Laddie John Dill, Contract No. C16440 with Coda Gallery for Phil Evans, Contract No. C16450 with Jonas Gerard, Contract No. C16460 with Brad Howe, Contract No. C16470 with Jon Krawczyk, Contract No C16480 with Jeffery Laudenslager, Contract No. C16490 with Frank Morbillo, Contract No. C16500 with Bruce Niemi, Contract No. C16510 with Gary Slater, Contract No. C16520 with Michael Todd, Contract No. C16530 with Robert Toll, Contract No. C16540 with Colin Webster Watson. Motion was seconded by Councilman Kelly and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * y" Y. CONSIDERATION of Report for Fairway Drive. Councilman Kelly conveyed his disappointment that the subject report stated both the Technical Traffic Committee and the Fairway Drive Traffic Committee recommended no further action. He felt the subject report was incomplete since there was no information on what steps had been taken to date. He believed citizens should be made aware the Neighborhood Traffic Enforcement Program was a tool provided by the City to address such an issue. In response to that statement, Mr. Folkers agreed that component should have been included, as the enforcement effort was being there. Mr. Diaz added he was also remiss for failing to provide information received from Captain Miller, including numbers of citations issued, etc., and what future measures the City intended, all of which he would include in future such reports. Councilman Kelly moved to continue consideration of the report for Fairway Drive to the meeting of September 9, 1999, with direction to staff to include complete information, as requested during this discussion. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. V. RESOLUTIONS A. RESOLUTION NO. 99-Ra - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1998-99 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Councilman Kelly moved to waive further reading and adopt Resolution No. 99-83. Motion was seconded by Councilman Ferguson and carried by unanimous vote. VI. ORDINANCES For Introduction: A. ORDINANCE NO. 923 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 565, CHAPTER 8.17, SECTION 8.17.010 OF THE PALM DESERT MUNICIPAL CODES REGULATING THE COLLECTION OF RECYCLABLE MATERIALS. Councilman Ferguson noted for the record that this item, as well as New Business Items C and E, involved two of his clients, Waste Management of the Desert and Morris Communications. Therefore, he would abstain from consideration of all three. Mayor Pro-Tempore Crites felt the text of the subject ordinance reflected excellent cooperation from the various City agencies, and he commended staff for a job well done. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites moved to waive further reading and pass Ordinance No. 923 to second reading. Motion was seconded by Councilman Kelly. In response to question, Ms. Constande answered there had been a questionable recycler that had come into the City; however, with the help of the San Diego County District Attorney's Office, that organization had been removed from doing any further business in Palm Desert due to its violation of several San Diego County regulations. She went on to say that in conjunction with the Business Support Center, staff had been working with other recyclers to ensure those businesses were registered with the City and that their permits were current. Additionally, she noted that the City's ordinance called for monthly reports from providers of such service, and filing of those transmittals would also be monitored; that information was collected and forwarded to the California Integrated Waste Management Board to track the City's diversion from landfill. In further response to question how a small business would recognize an ethical recycler from one which wasn't, Ms. Constande said the City's business license requirement was the first line of communication with such a proprietor to provide information of that condition; Code Enforcement, Business Support, and Administrative Services were also available to provide whatever assistance that small business required to secure an approved recycler. She commented that particular group of businesspeople were also closely networked-- knowing who should and shouldn't be picking up recyclables; it was a small group due to the difficulty in getting recyclable materials to market in Los Angeles and the ports for shipping out. In regards to green waste, she said there was Cal BioMass, and there were a number of companies currently going through the Riverside County permit process and working with Los Angeles County Environmental Health Services to ensure such providers were registered to haul on Palm Desert's streets; a substantial infrastructure was already in place for this type of business. The motion carried by a 4-0-1 vote with Councilman Ferguson ABSTAINING. For Adoption: None VII. NEW BUSINESS A. CONSIDERATION OF AN APPEAL OF ARCHITECTURAL REVIEW COMMISSION'S DENIAL OF PROPOSED AWNINGS (Trims & More, Applicant). Mr. Drell explained that after discussing in more detail the appeal and the Commission's decision, it was discovered there was a misunderstanding between the Applicant and his contractor, which greatly simplified the decision to be made at this meeting. He went on to say that with regard to the awnings on the west elevation, facing San Pablo, the 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Architectural Review Commission's (ARC) recommendation was to extend those above the rafters, and the Applicant said he wanted to duplicate awnings he had on another building that were above the rafters. He said the only issue there was that ARC didn't like the dark green color; however, the other awnings referenced were dark green, and staff felt they worked with that building satisfactorily. For the awnings on the north side of the building, where the Applicant proposed a small fabric eyebrow over the window, Mr. Drell said ARC objected to that because it added another extraneous architectural element; and if it was added, ARC believed it should be more extensive. He stated the Applicant wanted the awning solely to shield the Mexican paver flooring there from rain, which made it extremely slippery. Mr. Drell suggested, based on the Commission's direction, that instead of adding a new element, the Applicant attach an overhang consistent with the existing features of tile and full dimensional rough timber, which the Applicant agreed was a good idea. He believed the suggestion for the Applicant's next door neighbor to incorporate a similar ooverhang was a good one. However, heIidn't think the Applicant should be forced to build it; the suggestion could be forwarded to the neighboring business to enlist a cooperative effort. Responding to question, Mr. Drell said it was not his understanding that ARC desired a fully contoured and consistent awning on the west face rather than the Applicant's desire to separate them so that they were over just the two windows there. Although, he acknowledged the Council could consider that. Mr. Drell went on to say that when the elevations were examined, the Applicant only proposed awnings over the windows; it made no sense to put awnings over an expanse of stucco wall. MR. JOHN LATIMER, Trims & More, 45-120 San Pablo Avenue, Suite 2G, Palm Desert, said he did not want to break up the awning. He wanted to keep it continuous along the west side, ending at the termination of the west wall, leaving the north side open to continue the tile and timber overhang above the entryway. Mayor Pro-Tempore Crites moved to, by Minute Motion, grant an appeal to the decision of the Architectural Review Commission and approve the west elevation awning in dark green, as proposed by the Applicant, and an architecturally compatible porch covering on the north (highway) side of the building at Trims & More. Motion was seconded by Councilman Kelly and carried by unanimous vote. B. CONSIDERATION OF ASSEMBLY BILL 178 (REDEVELOPMENT). Mayor Spiegel moved to, by Minute Motion, concur with the action taken at the August 18, 1999, meeting of the Legislative Review Committee and oppose AB178. Motion was seconded by Councilman Ferguson and carried by unanimous vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR APPOINTMENT OF TWO CITY COUNCILMEMBERS TO ASSIST STAFF WITH DRAFTING A REQUEST FOR PROPOSAL FOR MUNICIPAL SOLID WASTE DISPOSAL/RESIDENTIAL RECYCLING SERVICES. Councilman Kelly and Mayor Spiegel volunteered to assist with drafting the subject request for proposals. Mayor Spiegel moved to, by Minute Motion, appoint Councilman Kelly and himself to assist staff with drafting the subject Request for Proposal (RFP) and direct staff to return to Council for comments and approval of the RFP prior to public release. Motion was seconded by Mayor Pro-Tempore Crites and carried by 4-0-1 vote with Councilman Ferguson ABSTAINING. D. REQUEST FOR APPROVAL OF CONTRACTS IN ASSOCIATION WITH THE COMMUNITY GARDENS LOCATED ON SAN PABLO AVENUE. Ms. Constande provided history of the project to date, noting that as a result of the two community meetings and the efforts of Community Gardens of the Coachella Valley with the help of Americorps volunteers going door to door to solicit interest, 218 signatures were collected. Of those, she said 198 were Palm Desert residents; and she went on to comment about the overwhelming positive response to the program, explaining that no negative comments were received for the proposed project on San Pablo Avenue. Further, she noted the positive responses from property owners adjacent to the site, and in response to Council's previous request for input from the Parks & Recreation Commission, it was approved there on a 9-0 vote. Additionally, she said that body asked to be kept updated with renderings and specifics of the program as they became available. Councilmember Benson commented that she recently had the privilege of working in her son's Community Garden in Palo Alto, which caused her to wonder whether the proposed project was large enough, especially when considering the amount of funding being requested to prepare the site. She detailed that Palo Alto's guidelines specified participants were responsible for roto-tilling their own plot and were charged $40 per year for water by the City of Palo Alto, noting there was a waiting list for those plots. Ms. Constande acknowledged there was much infrastructure support being requested for the yield of plots, such as the necessary irrigation equipment and development of the lots in a manner compatible with existing adjacent housing. Responding to question, she stated with the proposed plot design, including the reservation of one plot as a gathering place for conducting educational programs for participants, there were 150, 4 x 10 plots. Councilman Ferguson commented he spent considerable time going over the concept with Ms. Constande, and he felt it was a great idea for community betterment, strengthening unity and encouraging focus on hobbies that would produce more aesthetically pleasant surroundings in Palm Desert. He looked forward to participating with his family in the 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * educational programs on regional gardening methods. He concurred with Councilmember Benson's concern for the amount of money earmarked for the project proposed on such a small area. Additionally, he wanted to see gardeners being able to start as soon as possible to provide a history of citizen participation that would merit the sizable investment of capital improvement funding and even increase the amount of enthusiasm for the program to further justify its development. MR. STEVE MERRITT, Executive Director of Community Gardens of the Coachella Valley, said it had been his privilege to work with the City and its staff in developing the concept in Palm Desert. He observed that initially, a site within Civic Center Park, adjacent to the date grove, was analyzed for its appropriateness. At that time four years ago, he was less experienced in the Community Garden program, noting that one of the common traits of successful urban Community Gardens throughout the country was their proximity to the neighborhood most apt to use them. He said those were normally neighborhoods with apartments or ones of low income status where residents had recreational and economic needs to fulfill. Therefore, he had changed his mind and informed Ms. Constande that the lots on San Pablo were probably best for the purpose instead of the Civic Center location. Further, he stated the desert environment posed a definite challenge for gardeners; those who had tried and failed in this area were most likely to become Community Gardeners in order to learn the proper techniques to succeed. Mr. Merritt said most local vegetable gardeners began and stayed small, they learned and practiced intensive gardening methods to conserve resources while enjoying bountiful yields. He commented that the Coachella Valley had about three growing seasons, virtually year around. After his two years of experience with the Bermuda Dunes site, which offers participants the ability to have as many 4' x 4' plots as they want, none took more than ten. The average plot design for the San Pablo location was 4' x 10', and the goal was to attract beginning gardeners that could be offered a high level of support. He reiterated Ms. Constande's remarks that a big part of the Garden was its service as a horticultural demonstration facility-- displaying to visitors the wide variety of vegetables, fruits, and flowers that could be grown in the desert. He went on to say some of the topics to be covered were micro -irrigation techniques, planting/growing seasons for the various varieties, soils amendment, composting methods, and ecology in general to develop a core group of citizens who directly experienced nature in the garden-- more than merely a community garden. Responding to the earlier comment about experienced gardeners, Mr. Merritt said about half of the people who responded to the call for interest in the Palm Desert garden came from people who already had plots in Bermuda Dunes and had graduated from the course being taught there over the last four years. He said 400 people had graduated from the course on how to grow vegetables in the desert, and they were actively involved in gardening. He estimated that within the first year, all of the 150 proposed plots would be full, and there would probably be approximately 10,000 visitors who were non -gardeners attracted by the activity and the beauty of the site. It was hoped most of the gardeners would come from the neighborhood and would walk to their plot. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * When asked if potential sites would be considered in the Palm Desert Country Club area or off of Haystack Road, if the subject location was deemed successful, Mr. Merritt believed such an impetus would result from the various neighborhoods. He said the numbers of residents wanting to garden from any given area would be the information necessary to propose more sites. Further, he commented that he and all City staff members assigned to develop this concept were assured that members of the community involved to date were committed to the program. Councilmember Benson clarified that she didn't mean her earlier remarks to infer she was opposed to the program. On the contrary, she believed there was a great deal of value to be provided from a Community Garden; she only had reservations about the subject location. In response to question whether Community Gardens would continue to operate from the Bermuda Dunes location, Mr. Merritt answered affirmatively. Further responding to question about how the City ended up owning the subject lots, there was a collective response that the property was acquired as a result of the widening of San Pablo Avenue, and there were no plans to further augment that roadway in the future. Councilman Ferguson commented that based upon the information provided at this meeting, he'd been convinced that Community Gardens was a worthy project, especially the impact of neighborhood revitalization. However, he still questioned the significant monetary approval being sought. Mayor Pro-Tempore Crites remarked that after he closely inspected the site today, he identified that there would have to be grading of the lots, and either excavation of existing earth or construction of a retaining wall along San Pablo would be necessary since the surface of the site was higher than the sidewalk, in addition to the need for installation of irrigation. He acknowledged the spectrum of his colleagues' concerns from the monetary issue of requested improvements to that of aesthetics during the various seasonal stages of the crops to be planted. However, he felt the project should be given a push forward, asking staff to meet with two Councilmembers to determine whether there were certain aspects that could be delayed without impacting the ability to get underway. Councilman Kelly believed the issue was larger than that of a Community Garden; the subject location was unsightly, and there had been concern over how to remedy it for some time. He offered that landscaping the site would be more costly than the proposed project, and there was the added benefit of community betterment associated with approval of the garden. Councilman Ferguson expressed dismay that his earlier question was not adequately answered regarding justification for the project's expense. However, he agreed that the prudent approach would be to expedite grading and irrigation installation in order to hasten 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * actual gardening activity there while allowing two Councilmembers to recommend appropriate measures for the appearance issue. Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the Community Gardens project subject to the appointment of two Councilmembers to recommend appropriate phasing of the public improvement components therein, as follows: 1) Authorize the Mayor to enter into Contract No C16560, not to exceed $29,000, with T.K.D. Associates, Inc., Palm Springs, California, for conceptual design and construction documents (including work to be performed by a civil engineer) for the development of Community Gardens on San Pablo Avenue; 2) authorize staff to negotiate and return to Council Contract No. C16570 between the City and Community Gardens of the Coachella Valley, Bermuda Dunes, California, for annual operation and administration of the Community Gardens; 3) authorize staff to negotiate and return to Council a Memorandum of Understanding (Contract No. C16580) between the City and the Coachella Valley Recreation and Parks District for registration and fee collection from residents/gardeners choosing to garden at the Community Gardens. Mayor Spiegel added he felt there should be a community committee formed to provide advice on the program's functionality, meeting on an as -needed basis with the two Councilmembers serving as liaisons. Council concurred. Councilman Ferguson offered a friendly amendment to Mayor Pro-Tempore Crites' motion, which was to direct that gardening activity be initiated as soon as possible. Mayor Pro-Tempore Crites concurred, Councilman Kelly seconded the amended motion, and it carried by unanimous vote. With Council concurrence, Mayor Spiegel and Councilman Ferguson were appointed to serve as liaisons to the Community Gardens Committee. E. CONSIDERATION OF ADVERTISEMENT ON BUS STOP SHELTERS IN THE CITY OF PALM DESERT. Councilman Kelly stated staff's recommended action required amendment to provide a 45-day notice of termination, instead of immediate, as SunLine was required to provide a 30-day notice to the advertising agency. Further, he believed it was generally understood why some of the shelters would be left in the program and gradually phased out so as not to devastate the advertising program. He commented that if the advertising agency chose to return to the Council with presentation of a more appropriate program than presently existed, it would be welcome to do so. Councilman Kelly moved to, by Minute Motion: 1) Direct staff to provide a 45-day notice of termination of the advertising program on 17 bus stop shelters, and annually allocate $15,000 from the Unobligated General Fund to maintain those shelters that will no longer have advertising to offset maintenance cost; 2) allow advertising for the next two years to remain on only 8 bus stop shelters that will continue to generate $2,400 annually in revenue to offset maintenance costs of shelters Citywide; 3) request staff to return to Council with an ordinance that requires new developments to include a bus 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * stop shelter; and 4) budget $50,000 in Fiscal Year 2000-2001 to start a progressive bus stop shelter improvement program. Motion was seconded by Mayor Pro-Tempore Crites and carried by a 4-0-1 vote with Councilman Ferguson ABSTAINING. MR. EDWARD M. SCHERER III, General Manager of Fairway Outdoor Advertising, 68-300 Perez Road, Cathedral City, CA, expressed his appreciation for the 45-day notice. Yet he felt his organization would like to return within that period to propose a positive alternative to elimination of those advertising vehicles, which were significant. While appreciative of the notice, he commented it would still pose a problem since the contracts with advertisers were sold on a yearly basis. F. REQUEST FOR APPROVAL OF ANNUAL CONTRACT FOR ROUTE 51 (SHOPPER HOPPER ROUTE). Mayor Pro-Tempore Crites remarked that at the last Chamber of Commerce meeting, Council's consideration of extending Shopper Hopper service to Indian Wells hotels, at least during "event" periods for the significant potential draw of people to Palm Desert. MS. LISA TWOMEY, of The Gardens on El Paseo, 73-545 El Paseo, Palm Desert, requested formation of a committee to work with City staff to explore expanded Shopper Hopper service that would shuttle hotel guests directly to Palm Desert's retail centers. MRS. SONIA CAMPBELL, 73-910 El Paseo, Palm Desert, stated as a business owner and president of the El Paseo Business Association, she favored Council's consideration of a third trolley that would service the City's hotels. She noted that service was offered in years' past and felt it was something needed currently. Additionally, she remarked when it was offered in the past, serviced hotels and the El Paseo merchants contributed money to assist with funding the program, reiterating their support for additional service. Councilman Ferguson moved to, by Minute Motion: 1) Authorize the Mayor to enter into a one-year contract with SunLine Transit Agency (Contract No. C15051) for the operation and administration of Route 51, the Shopper Hopper's route, that provides two electric trollies serving six shopping locations in the City of Palm Desert from July 1, 1999, through June 30, 2000; 2) appropriate $6,000 from the Unobligated General Fund to support the additional cost of vehicle usage (vehicle lease) of SunLine Transit Agency's electric trolley; 3) direct staff to facilitate the formation of a committee to review an expanded level of service, as deemed appropriate. Motion was seconded by Mayor Pro- Tempore Crites and carried by unanimous vote. With Council concurrence, Mayor Spiegel appointed Councilman Kelly to serve as Council's liaison to the aforementioned committee, further directing that the resulting recommendation be returned to Council for consideration. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. RICHARD CROMWELL III, General Manager of SunLine Transit Agency, commented that currently, SunLine had three vehicles to serve the Shopper Hopper program, with the third being a spare for utilization when breakdowns occurred. He asked Council to consider what it felt suitable in order to provide the same level of service as in the past. Councilman Kelly presumed that with consideration of expanded service to the hotels, perhaps an alpi iyiiate alternative fuel vehicle would be deemed proper. He would review that issue with the committee. Ms. Constande anticipated discussion with the hotels would include their request to place advertising somewhere on the Shopper Hopper, which she felt should also be given some forethought. G. REQUEST FOR APPROVAL OF FUNDING SUPPORT FOR THE SANTA ROSA MOUNTAINS NATIONAL SCENIC AREA VISITOR'S CENTER LOCATED IN PALM DESERT, CALIFORNIA. Councilman Kelly moved to, by Minute Motion, authorize the Mayor to enter into a three-year Memorandum of Understanding with the Bureau of Land Management to fund annually $7,000 for costs associated with the administration and operation of the Santa Rosa Mountains National Scenic Area Visitor's Center and enforcement services for the National Scenic Area. Motion was seconded by Councilman Ferguson and carried by unanimous vote. H. CONSIDERATION OF REQUEST FROM SHADOW MOUNTAIN RESORT AND CLUB - FOR SECOND YEAR FUNDING OF "THE KIDS CARNIVAL." Mayor Pro-Tempore Crites moved to, by Minute Motion, concur with the recommendation of the Promotion Committee and appropriate $9,000 to sponsor the subject event. Motion was seconded by Councilman Kelly and carried by unanimous vote. I. CONSIDERATION OF POLICY FOR ENACTING A PUBLIC CONTRACT CODE AND AN AMENDMENT TO CHAPTER 3.32 OF THE PALM DESERT MUNICIPAL CODE REGARDING PURCHASING POLICIES AND PROCEDURES. Mr. Erwin noted the item generated several additional suggestions for modification to the draft ordinances provided in the agenda packet, and he felt discussion needed to occur. He outlined some of those suggestions, noting Public Works asked for an increased dollar amount for change orders (Section 3.30.270). He said currently, as a matter of practice, change orders were being utilized with staff approval allowed, ratification by Council thereafter; it was now being placed into the form of an ordinance. Staff began with the idea that any individual change order up to $10,000 could be approved by the City Manager, as long as it did not exceed the contingency. He went on to say Public Works suggested the amount should be increased for urgency items to a particular project. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In response to inquiry, Mr. Folkers answered staffs intent on the urgency items was to provide a level of latitude to both the City Manager and the RDA Executive Director, noting some agencies had approved a level as high as $25,000 with ratification by the appropriate political body afterwards. He felt $25,000 was an appropriate amount with ratification to follow. Mayor Pro-Tempore Crites recalled that there had been past instances where change orders came to the Council/Agency for ratification; however, by the time that occurred, it was too late to rescind or amend the action-- contractors had already been given the go-ahead. Councilman Ferguson believed the breadth of the issue was too great to discuss at this meeting, in light of the points raised by the Housing Authority, Public Works, etc. He suggested two Councilmembers be appointed to review the suggested modifications and return with their recommendation at the September 9 meeting. Mayor Spiegel moved to, by Minute Motion: 1) Continue the matter to the Regular City Council Meeting of September 9, 1999; 2) appoint Councilmember Benson and Councilman Ferguson to a subcommittee with appropriate staff for review of suggested modifications to the proposed public contract code and the amendment to the City's Municipal Code regarding purchasing policy and procedures, resulting in a recommendation to be made at that meeting. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. J. CONSIDERATION OF PROPOSED FOUR-WAY STOP AT IRONWOOD STREET AND SHADOW MOUNTAIN DRIVE. Mr. Folkers requested Council's continuation of the matter for one month in order to perform research and prepare responses to questions raised following preparation of the subject staff report. Mayor Pro-Tempore Crites said he had asked how many more streets in Palm Desert were potential candidates for four-way stops, such as the subject instance, for what he believed was as an artificial need set forth by new interpretation of State law. He cited Edgehill Drive where placement of the stop sign resulted in increased traffic speed rather than decreased-- motorists sped away trying to make up lost time from the stop. When he personally monitored the subject intersection one morning this week, he observed no cars on Ironwood and felt there was adequate line of sight at this location. Mayor Pro-Tempore Crites moved to continue consideration of the subject four-way stop to the meeting of September 23, 1999. Motion was seconded by Councilman Ferguson and carried by unanimous vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. BEQUEST FOR AUTHORIZATIQH TO PURCHASE VEHICLES. Responding to question about the status of a seven -passenger van, Mr. Tom Bassler, Senior Management Analyst, said he had specifications for the vehicle and was ready to go out to bid pending more input from City officials for the exact amenities sought. Councilman Kelly volunteered to assist with the acquisition, stating one of those amenities was seating that would comfortably accommodate groups making longer trips. When questioned why a larger van wasn't being specified, he answered the City previously had a larger van that received little use; seven passengers seemed to be the average group. Councilman Kelly moved to, by Minute Motion: 1) Authorize the purchase, advertise and call for bids, of dedicated compressed natural gas pickup trucks for the new landscape inspector and existing landscape inspector positions; 2) authorize the appropriation of funds from the Unobligated General Fund reserve for the purchase of vehicles; 3) appoint himself to participate in selection of a seven -passenger van for the City fleet. Motion was seconded by Councilman Ferguson and carried by unanimous vote. VIII. CONTINUED BUSINESS A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 8, 1999 — (Continued from the Meeting of July 22, 1999). Mayor Pro-Tempore Crites moved to approve as presented. Motion was seconded by Councilman Ferguson and carried by unanimous vote. IX. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR FALL RYE GRASS SEED PROJECT (Contract No. C16220) Mayor Pro-Tempore Crites moved to, by Minute Motion, award the bid for the subject project to Turf Partners, Palm Desert, California, in the amount of $165,773.38. Motion was seconded by Councilman Ferguson and carried by unanimous vote. B. REQUEST FOR APPROVAL OF AGREEMENT WITH VALLEY INDUSTRIAL PARK OWNERS ASSOCIATION (Contract No. C16590) Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the Agreement with Valley Industrial Park Owner's Association for the shared costs for the construction of retaining/garden walls at the Valley Industrial Park on Cook Street between Velie Way and Merle Drive. Motion was seconded by Councilman Kelly and carried by unanimous vote. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR AWARD OF CONTRACT FOR INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND MONTEREY AVENUE Project No. 640-98 (Contract No. C16010). Mr. Folkers reported the City of Rancho Mirage was proceeding with undergrounding for the project; if awarded at this meeting, its completion was intended by Thanksgiving with minimal traffic disruption. Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract to Cooley Construction, Inc., Indio, California, in the amount of $695,775.60, plus a ten percent contingency in the amount of $69,577.56 for a total of $765,353.61 and authorize the Mayor to execute the agreement; 2) appropriate $460,000 from Unobligated Measure A Fund balance; 3) estimated reimbursement from Coachella Valley Association of Governments is $350,000. Motion was seconded by Councilman Kelly and carried by unanimous vote. D. REQUEST FOR APPROVAL OF TRAFFIC IMPROVEMENTS AT HOVLEY LANE EAST AND KANSAS STREET. Mayor Pro-Tempore Crites suggested continuance of the item to such time as the traffic signal was installed and operational at the Warner Trail intersection to observe its impact on the subject location. Councilman Ferguson concurred. MR. JOE VECCHIO, 41-801 Kansas Street (Palm Desert Resorter Country Club), Palm Desert, opposed the recommended removal of stop signs. He used the back gate of his development frequently, and the proposed action would reduce that ability by some 50 % . He'd been pleased to see a patrol car monitoring compliance with the stop signs; however, he was concerned that the traffic counting mechanism placed by the City's Streets Department was positioned after the majority of traffic was gone for the season. On a related issue, Mr. Vecchio expressed his appreciation to the Council for its approval of the re -landscaping project for exterior walls at Oasis Club Drive and Hovley Lane. Councilman Kelly commented he would not approve a right turn -in and right turn -out only on Kansas, noting many of those residents were pleased that action did not occur when previously discussed because of the extra distance they would all need to travel to exit their neighborhood. He believed the problem had already been solved, and the proposed was a bad solution. Mr. Mark Greenwood, Transportation Engineer, responded to Mr. Vecchio's concern, stating that the proposal allowed left turns in and out of the Resorter's gate; left turns in and out of Palm Desert Country Club were prohibited. In further response, he stated the matter was being considered due to the unsatisfactory accident experience measured from pre -stop sign placement to date. Additionally, he said another accident had occurred since the staff report was prepared. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites moved to add the significant exposure to litigation component of this discussion to Closed Session, pursuant to Government Code Section 54956.9(b). Motion was seconded by Councilman Ferguson and carried by unanimous vote. MS. KRIS STEFFERUD, 42-675 Iowa Street (Palm Desert Country Club), Palm Desert, acknowledged that no action would satisfy all involved. However, she asked Council's consideration of the fact that Desert Sands Unified School District had children from the subject neighborhood attending James Carter School for the reason that it was the same distance to James Carter as Gerald Ford School. If the subject intersection was modified, she said it added another mile to the commute. She believed control of the Warner Trail intersection would help the situation and asked whether thought had been given to controlling the intersection at Oasis Country Club and the rear of the Indian Ridge development. Mayor Pro-Tempore Crites moved to continue any further discussion of modification to the subject intersection until such time as the traffic signal at Hovley Lane East and Warner Trail was installed and operational to measure its impact on the area traffic. Motion was seconded by Councilman Ferguson and carried by unanimous vote. E. CONSIDERATION OF STATUS REPORT REGARDING TRAFFIC ON KANSAS STREET. Mr. Greenwood stated the subject consideration resulted from Council's direction to examine the need for additional stop signs on Kansas Street, separate from the intersection of Hovley Lane East. He said as had been studied in the past, traffic counts, accident experience, and speed were taken into consideration, resulting in the Technical Traffic Committee's concurrence with staff that conditions on Kansas Street were not likely to improve with the installation of stop signs which were, therefore, not recommended. Councilman Ferguson praised staff for the thoroughness of the subject report, as well as the following for Haystack Road. With Council concurrence, one vote was cast for Old Business Items E and F. Councilman Ferguson moved to, by Minute Motion, receive and file the subject report. Motion was seconded by Councilmember Benson and carried by unanimous vote. F. CONSIDERATION OF TRAFFIC CONCERNS ON HAYSTACK ROAD. Councilman Ferguson moved to, by Minute Motion, receive and file the subject report. Motion was seconded by Councilmember Benson and carried by unanimous vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. DETERMINATION OF CANYONS AT BIGHORN COMPLIANCE WITH OPEN SPACE DEDICATION REQUIREMENTS (Bighorn Development, LLC, Applicant). Mr. Drell detailed the background giving rise to the subject matter of business, as discussed in the staff report. He noted that in the past few days, the two dedication documents had been submitted to the Department of Fish & Game (DF&G) for its determination whether there was adequate compliance with conditions of the previously approved Bighorn EIR. He said DF&G continued to insist on the "in perpetuity" language and clarified that the name of the dedication, according to their regulations, should not be an "open space dedication" but a "conservation easement;" therefore, the language should reflect that change. Responding to inquiry, Mr. Drell said DF&G recommended one other change, with which he concurred. He explained that the document limited access to the buffer from Bighorn Institute only on foot, noting that there was an existing golf cart path which had been traditionally used to access the rear of the Institute's pens; therefore, it should be amended to allow continued use of that path. He said with the aforementioned amendments, staff recommended conveyance of, in perpetuity, the conservation easement dedication to DF&G. Mayor Pro-Tempore Crites moved to, by Minute Motion, direct staff to convey to the California Department of Fish and Game the conservation easement dedication from Bighorn Development, LLC, providing for protection of the buffer area in perpetuity, with allowance for continued use of the existing golf cart path by Bighorn Institute for monitoring its pens in that area. Motion was seconded by Councilman Kelly and carried by unanimous vote. MR. JIM DEFORGE, Director of the Bighorn Institute, 51-000 Highway 74, Palm Desert, stated his organization was proud of its work and had no intention of going out of business. Further, he hoped its neighbors would continue to regard the Institute as an asset to the community and work together to bring the bighorn peninsular sheep back to its former status in the region. He explained that the animal was listed as endangered over one year ago, and captive breeding was one of the most important aspects of any hopes for its recovery. MR. CARL CARDINALLI, Vice President of Bighorn Development, LLC, commented that Bighorn Development had probably been Bighorn Institute's largest supporter in the way of contributions to its efforts and operating budget, as well as consideration for the Institute. He said every success was wished for the Institute, as his organization wanted to see a complete recovery of the bighorn in both the Santa Rosa and San Jacinto ranges, and Bighorn Development continued to support the Institute. He explained that his organization's comments about the item were that it believed the City's intention was such that if the sole reason for mitigation ceased, the mitigation should cease. Additionally, he said in the documentation Bighorn presented to the City, the reason for the mitigation was stated in very broad language, and it was anything that furthered preservation, maintenance, or recovery of the sheep-- not something limited to the Bighorn Institute, reiterating his organization's desire for recovery of the sheep. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz added that the City had accepted a good deal of hillside open space west of Highway 74, resulting from what was at that time the Bureau of Land Management's disposal of much hillside land. Therefore, out of concern for that occurrence, the City resolved the situation such that the land would never be given away, and he noted the developer's cooperation in that project. MR. LARRY OLSON, Development Manager for the Canyons at Bighorn, remarked with regard to the on -foot requirement that it was a condition of the easement since that area was not only a buffer for the bighorn sheep but also the desert tortoise. He went on to say approximately two years ago, DF&G asked that there be no driving in the area to protect the tortoise, resulting in that condition's existence in the current easement dedication. He said there was no intention to restrict the Institute's access; he understood why Mr. DeForge needed to get back there. H. REQUEST FOR AMENDMENT OF BIGHORN (MOUNTAINS) IMPLEMENTATION AGREEMENT REDUCING THE NUMBER OF HILLSIDE LOTS IN TRACT 27520 FROM 14 TO 10 BUT INCREASING ALLOWABLE GRADED AREA FROM 140,000 SQUARE FEET TO 170,000 SQUARE FEET (Bighorn Development, LLC, Applicant). Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Approve amendment of the Bighorn --- Implementation Agreement as requested with a condition to perform one-to-one offsite mitigation for the additional grading in the form of permeon treatment for 30,000 square feet of previously scarred hillside areas designed by the City; 2) direct staff and the Architectural Review Commission to develop specific architectural and landscape guidelines to be used as a basis for evaluating all future hillside home applications. Motion was seconded by Councilman Ferguson and carried by unanimous vote. I. CONSIDERATION OF SISTER CITIES PROGRAM. Mayor. Pro-Tempore Crites moved to, by Minute Motion, concur with the recommendation of the Sister City Ad Hoc Committee and direct staff to move forward with its recommendations and report progress to the City Council once the directives have been accomplished. Motion was seconded by Councilman Ferguson and carried by unanimous vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. J. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF ADDITIONAL PARKING AT THE PALM DESERT SOCCER PARK (CONTRACT NO. C15960-A). In response to inquiry, Mr. Drell responded Dateland Construction was from Coachella, California, and staff had previously worked with them in the President's Plaza project with excellent results. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites moved to, by Minute Motion, award the subject contract to Dateland Construction Company, Inc., Coachella, California, in the amount of $401,195.70 plus a fifteen percent (15%) contingency in the amount of $60,179.35 for construction of a south parking lot at Palm Desert Soccer Park. Motion was seconded by Councilman Kelly and carried by unanimous vote. With Council concurrence, Mayor Spiegel suspended the agenda at this point in order to recognize an item of Oral Communication. MR. DENNIS GREEN, Caltrans Public Affairs Officer for District 8 (San Bernardino and Riverside Counties), 464 West Fourth Street, San Bernardino, CA, announced to the Council and community that Caltrans would host a Town Hall Meeting, Thursday, September 16, 1999, from 5:00 to 7:30 p.m. at the San Bernardino County Government Center, 385 North Arrowhead Avenue, San Bernardino. He noted that Caltrans Director Jose Medina would be there to listen to any of the public's concerns for transportation issues, as well as Commissioner Wolf of the California Transportation Commission, Captain Redding of the Highway Patrol, and several Senators and Assemblymembers. Mayor Pro-Tempore Crites asked Mr. Green to investigate unanswered communication he'd had with Caltrans regarding replacement of certain informational signage on Highway 74. X. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore, Business Support Manager, provided Councilmembers with a detailed report regarding occupancy of the City's various retail centers. It was received for the record and placed on file in the Office of the City Clerk. Additionally, she reported in the Highway 111 commercial core, there were over 75 new businesses opened, including 12 in Westfield Shoppingtown Palm Desert (formerly known as Palm Desert Town Center). In response to inquiry about poor condition of the median on Monterey Avenue south of Dinah Shore, Mr. Folkers said part of its state resulted from recent nearby construction. However, he said Mr. Spencer Knight, Landscape Manager, was reviewing upgrades for the site, affirming that it was Palm Desert's responsibility. 2. Progress Report on Desert Willow Clubhouse Facility Mr. Yrigoyen introduced City Councilmembers to RDA's new Project Administrator, Ms. Lauri Aylaian. He then provided them with an updated 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * schedule for the Clubhouse, noting that the contractor estimated completion and readiness for move -in the week of December 13. He went on to say the Desert Willow Committee had reviewed the schedule and felt it was appropriate to allow the contractor time to perform all the necessary skilled work and technical details, with which the Director of Building and Safety concurred. Councilman Ferguson commented that although the City desired the Clubhouse opening as soon as possible, the contract specified January 1, 2000; therefore, the project was still technically ahead of schedule. Mr. Yrigoyen added the notice to proceed was issued January 8, 1999, with one year to complete the project. 3. New Projection for Life of Edom Hill Landfill City Councilmembers were provided with an informational report. No Council action was required nor taken for this item. Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Ferguson, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session for those items so listed at 5:59 p.m. He reconvened the meeting at 7:03 p.m. B. CITY MANAGER None C. CITY ATTORNEY 1) Request for Closed Session. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. J.M. Madera, LLC (Caesar Emperor), Riverside County Superior Court Case No. 12724. b) Denise Oakley and Denise Weller v. Patrick Conlon, the City of Palm Desert, U.S. District Court, Central District of California, Case No. 99-07432 MMM. c) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court, Case No. INC 031297. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. d) City of Palm Desert v. Nye, et al., Riverside County Superior Court Case No. INC 013370. Significant exposure to litigation pursuant to Government Code Section 54956.9(b). Number of potential cases: 3_ 2) Report and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action 1. Volunteer Fire Department (Councilman Richard S. Kelly) Mayor Spiegel noted the staff report prepared earlier showed the majority of money received from donations was spent in postage to send out requests for donations; there was little net gain. Councilman Kelly stated Palm Desert had one of the best fire departments in the State; therefore, he felt uncomfortable with the Volunteers asking for donations, leaving residents to question why the City couldn't afford it. Fire Chief John McLaughlin said the Volunteers had several ongoing expenses for equipment they provided to the community and the Fire Department that they supported. He was certain they would be happy to forego their fund raising activities if another method of support was available. With Council concurrence, Mayor Spiegel directed appropriate staff members to meet with the Volunteers, appropriate Fire Department officials, and the Cove Commission Technical Advisory Committee to determine the level of funding needed in order to eliminate the Volunteers' fund raising campaign. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * `— NOTE: THE FOLLOWING ITEM WAS POSTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. 2. Discussion Relative to Interior Design of Desert Willow Clubhouse (Mayor Pro-Tempore Buford A. Crites) Mayor Pro-Tempore Crites asked for Council's consideration of its previous approval of the wild animal print fabric to be utilized on the Clubhouse lounge/bar area seating, as he felt it was inappropriate and wished it to be something else. Councilman Kelly noted the Committee unanimously decided to approve the recommended fabric choice; he felt it was a minor part of the interior design in that specific area of the Clubhouse, setting it apart from other such facilities. Initially, he too had reservations about the fabric but had since grown to appreciate it. Mayor Pro-Tempore Crites moved to, by Minute Motion, direct the Committee to reconsider or find an appropriate replacement for the fabric choice previously made for the Clubhouse lounge/bar area seating. Motion died for lack of a second. Mrs. Carolyn Miller, Community Arts Manager, said she had met with Cheryl Mechling of Impact Design earlier today who wanted to assure Councilmembers that there were two fabric choices of equal status. The design team had no preference for either, nothing had been ordered, it was completely Council's decision. Mr. Ortega clarified that the contractor already had an order to perform installation, and the only way that could be modified was by issuance of a change order. He then displayed the design board with various fabric selections to Councilmembers. Mayor Spiegel moved to, by Minute Motion, direct staff to issue a change order for the fabric labeled "Kingdom Onyx" to be utilized in the Desert Willow Clubhouse lounge/bar booth seating area in place of the previously selected cheetah print. Motion was seconded by Mayor Pro-Tempore Crites and carried by 4-0 vote with Councilman Ferguson ABSENT. o City Council Committee Reports: 1. Chamber of Commerce Meeting (Mayor Pro-Tempore Buford A. Crites) Mayor Pro-Tempore Crites said at the recent Chamber meeting, he was questioned about what happened to the Cook Street Business Association. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Drell recalled it was left in the hands of the Cook Street businesses to show their initiative in continuing the venture, which didn't happen. He agreed to provide this information in report form for the Mayor's reference. 2. McCallum Theatre (Councilmember Jean M. Benson) Councilmember Benson reported that at its meeting Monday, the McCallum Theatre Board of Directors approved the appointment of Mr. Ted Giatas as its Executive Director and Chief Executive Officer. She went on to say Mr. Giatas was formerly with the Midland Music Center, a performing arts theater of substantial distinction, in Midland, Michigan, for over 20 years and possessed a wealth of qualifications that the McCallum was certain to benefit from. She said he would be working part-time through the month of September and would be full-time by October 1. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Please see individual items for discussion and action. XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CITY OF PALM DESERT OUTSTANDING CITIZENSHIP AWARDS TO LEROY R. ROSAS AND MICHAEL G. THEOPHILOS. On behalf of the City Council, the citizens of Palm Desert, the Riverside County Sheriff's Department, and the Palm Desert Police Department, Mayor Spiegel and Captain Dan Miller, Palm Desert Chief of Police, made special presentations to Messrs. Rosas and Theophilos in recognition of their quick thinking and appropriate actions, leading to the apprehension of a recently paroled sex offender. B. PRESENTATION OF CITY OF PALM DESERT OUTSTANDING CITIZENSHIP AWARD TO HALLE JAYMES. With Council concurrence, this presentation was continued to the meeting of September 9, 1999. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * `— C. PRESENTATION TO BEN KURTZ, IN RECOGNITION OF HIS SERVICE TO THE CITY OF PALM DESERT AS ITS REPRESENTATIVE TO THE JOSLYN COVE SENIOR CENTER. On behalf of the City Council, Mayor Spiegel presented an engraved, crystal clock to Mr. Kurtz in recognition of his time over the last two years as the City's representative to the Joslyn Cove Senior Center. D. PRESENTATION TO LIEUTENANT CRAIG KILDAY FOR HIS DEDICATION AND SERVICE TO THE CITIZENS AND THE CITY OF PALM DESERT. With Council concurrence, the subject presentation was continued to the meeting of September 9, 1999. XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NOS. 79 AND 88 LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor/Chairman Spiegel declared the public hearing =en and invited testimony FAVORING or OPPOSING the subject sale. With no testimony offered, he declared the public hearing closed. Councilman/Member Kelly moved to: 1) Waive further reading and adopt Resolution No. 99-82, authorizing the Palm Desert Redevelopment Agency to sell mobile home Lot Nos. 79 and 88, located at 43-155 Portola Avenue (Portola Palms Mobile Home Park) at fair market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 378, making and finding that the sales price for the lots are not less than their fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1, Amended. Motion was seconded by Mayor Pro- Tempore/Vice Chairman Crites and carried by 4-0 vote with Councilman/Member Ferguson ABSENT. Ms. LaRocca commented 14 lots had been sold, 25 remained. XIV. ORAL COMMUNICATIONS None 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ADJOURNMENT Upon a motion by Mayor Spiegel, second by Mayor Pro-Tempore Crites, and 4-0 vote of the City Council with Councilman Ferguson ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 7:32 p.m. He reconvened the meeting at 7:57 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GILLIGAN, Y CLERK CITY OF PALM DESERT, CALIFORNIA OBERT A. SPIEGE 30