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HomeMy WebLinkAbout1999-03-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel, on behalf of his wife and himself, personally thanked the City Councilmembers and friends in the City for their concerns and sympathy. He added it was greatly appreciated. I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:02 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites arrived at 7:00 p.m. 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 John M. Wohlmuth, ACM/Director of Administrative Services Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance Rachelle D. Klassen, Deputy City Clerk With Council concurrence, Mayor Spiegel suspended the agenda at this point in order to present Item B of Awards, Presentation, and Appointments that was scheduled later in the Meeting. PROCLAMATION DECLARING FRIDAY, MARCH 19, 1999, AS THE VALLEY'S PROMISE DAY IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented a framed proclamation to Victor Ramirez, proclaiming Friday, March 19, 1999, as the Valley's Promise Day in the City of Palm Desert. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. ORAL COMMUNICATIONS - A MR. GARY TRYON, 74-047 San Marino Circle, Palm Desert, addressed the City Council in regards to the parking lot near Ruth's Chris Steakhouse. He stated that at the December 15, 1998, City Council Meeting Mayor Spiegel stated the problems with the parking lot near his home would be placed on the agenda for the January 14, 1999, City Council Meeting. He further stated he was disappointed, but not surprised, when it was not, adding he felt he and his neighbors had been told many untruths. He stated that the Closed Session Items contained an item regarding property negotiations with he and his neighbor to purchase their homes. He further added he was shocked, as neither he nor his neighbor had heard about the sale, and they did not desire to sell their property. Mr. Tryon stated they wanted to quit being held hostage by the City because of the circus in their backyards created by the parking lot. He went on to state that he had spoken to Mr. Drell and was informed that Mr. Drell was going to report to Council that Code Compliance had found no violations of any conditions during a three night span of parking lot observation. Mr. Tryon said that between December 15, 1998, and January 10, 1999, he kept his own log of the parking lot for 29 days and observed the following violations: employees from across Alessandro parking their own vehicles in the north and northeast lots 24 nights; vehicles parked in the northeast lot after 9:00 p.m., and as late as 11:30 p.m., when there was room to move them out 23 nights; Westec parked on the wall six nights; other vehicles parked on the wall, including employees, six nights. He further stated that these were just some of the violations he observed. He stated that since Code Compliance saw no violations during their time at the lot, he felt they did not know what they were looking for, or they were told to find no violations. He added that after watching City staff in action in the past several years, he would be inclined to believe the latter. MR. TRYON stated that on November 16, 1998, he was awakened at 9:45 p.m. by a large diesel tour bus. He added that after it unloaded the passengers across the street, it was parked broadside to the wall directly behind his home. The tour bus picked up the passengers at 10:55 p.m. and left the area. Mr. Tryon stated this occurred once again on November 25, 1998. He added valet parkas were still setting car alarms with hand-held clickers, as well as parking their own vehicles in the north, the northeast lot, and along the wall, leaving cars in the northeast lot after 9:00 p.m. He stated restaurant employees are parked in the north lot and filled up the frontage road before 5:30 p.m. Mr. Tryon stated that garbage trucks arrived as early as 5:45 a.m. on Saturdays and parking lot sweepers arrived as early as 7:00 a.m. on Sundays. He stated that since the valets used the north and northeast lots, armed guards wearing bullet-proof vests had been hired to patrol outside the neighboring yards since May 4, 1998, to combat the crime brought into the neighborhood. He stated he felt it was time the patrons of Ruth's Chris and Tsing Tao found out just how dangerous that area was for them and their vehicles. He stated three years ago the City Council stated the lot was wrong, something needed to be done about it, and he felt it was time action was taken 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 25, 1999, and the Adjourned Joint Meetings of the City Council/Redevelopment Agency of February 25, and February 26, 1999. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 41, 42, 41PD Office Complex, and 42PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#382) by Ruby Lee Shepard in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICFNSF by Fungi, Inc. for A Touch of Mama's, 74-063 Highway 111, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by PDH Associates, LLC, 74-895 Frank Sinatra Drive, Palm Desert. Rec: Receive and file. F. PORTFOLIO MASTER SUMMARY for the Period Ending January 31, 1999. Rec: Receive and file. G. SINGLE AUDIT of Federally Assisted Grant Programs for the Fiscal Year Ended June 30, 1998. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. MINUTES of City Commissions and Committees. 1. Art In Public Places Commission Meeting of January 20, 1999. 2. Golf Course Committee Meeting of January 11, 1999. 3. Investment & Finance Committee Meeting of January 20, 1999. 4. Promotion Committee Meeting of January 19, 1999. Item H-2. was removed for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Street Resurfacing Programs for Fiscal Years 1998/99 and 1999/2000 (Contract No C15610). Removed for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. J. REQUEST FOR APPROVAL of Change Order No. 1 to News Bureau Services Contract with Publicity Unlimited. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $28,500 to Contract No C13111 with Publicity Unlimited, Rancho Mirage, California, for additional expenditures incurred in production of the monthly Bright Side newsletter. K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract for Cook Street Median Island Landscape and Irrigation (Contract No. C14720, Project No. 588-99). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $8,820.95 to the subject project; and 2) authorize the transfer of $8,820.95 from contingency to base. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C1445Q -- Perimeter Sidewalk and Landscape at the Mountain View Course of the Desert Willow Golf Resort (Park West Landscape, Inc.). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M. REQUEST FOR APPROVAL of Memorandum of Understanding with Coachella Valley Recreation and Park District for Palm Desert Recreation Activities and Facilities (Contract No. C15620). Rec: By Minute Motion, authorize the Mayor to enter into a Memorandum of Understanding with the Coachella Valley Recreation and Park District. N. REQUEST FOR APPROVAL of the Inclusion of Sewer Installation as an Authorized Expenditure to the Home Improvement Program. Rec: By Minute Motion, approve sewer installation as an authorized expenditure to the Home Improvement Program as part of Component 1: Emergency Grant Program, Component 2: Rehabilitation Grant Program, Component 3: Matching Fund Program, and Component 4: Rehabilitation Loan Program. O. REQUEST FOR APPROVAL of the Reduction of Subdivision Improvement Security for Parcel Map 28596 (Schmid Investments, L.P., Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to reduce the amount of the subdivision improvement securities to ten percent (10 %) of their value as maintenance security for a one-year maintenance period. P. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization for Various Computer Equipment. Q. Removed for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. REQUEST FOR AUTHORIZATION to Salvage Surplus Traffic Signal Materials. Rec: By Minute Motion, authorize the salvage of surplus traffic signal materials. R. REQUEST FOR APPROVAL of Art In Public Places Commission Recommendation for Bill Swank to Commission Bill Ware to Create Artwork for the Marriott Courtyard/Residence Inn Project. Rec: By Minute Motion, concur with the recommendation of the Art In Public Places Commission for the Marriott Courtyard/Residence Inn Project. 5 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. REQUEST FOR APPROVAL of the Beer Concession for SpringFest 1999. Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages on City -owned property in connection with a special event, SpringFest 1999, scheduled to be held on Sunday, April 18, 1999. T. REQUEST FOR APPROVAL of the Waiver of Fees Associated with Palm Desert Middle School Graduation. Rec: By Minute Motion, waive fees associated with the Palm Desert Middle School graduation scheduled to be held on Tuesday, June 15, 1999, on the amphitheater stage at the Palm Desert Civic Center Park. Councilmember Benson asked that Item H-2 be held over for separate consideration under Item VII, Consent Items Held Over. Mayor Spiegel asked that Items I and P be held over. Upon motion by Councilmember Benson, second by Councilman Kelly, the remainder of the Consent Calendar was approved as presented on a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. VII. CONSENT ITEMS HELD OVER H. MINUTES of City Commissions and Committees. 2. Golf Course Committee Meeting of January 11, 1999. Councilmember Benson expressed her concern that the subject minutes did not reflect which of the eight charitable tournament requests had been approved since the Golf Course Committee was limited to approval of six. Councilmember Benson further stated that it seemed as though the same groups requested charitable events and thought this policy needed review. She felt it should be more widespread— such as a limited number of civic organizations, a limited number of charitable, etc., instead of the same organizations using the course year after year. Councilmember Benson went on to say this item tied to another on the agenda, the Frank Sinatra Celebrity Golf Tournament. She stated it was her understanding that prior to approving such tournaments, they would come before Council to see if the Council would consider leasing the course out for days at a time, since it was a civic course. She inquired what charitable organizations requested tournament events in the past years since the course was opened and which organizations were granted approval. Councilman Kelly stated the Frank Sinatra Celebrity Tournament had not been approved by the Golf Course Committee. He added that a recommendation was made at the last meeting of the Committee, but it was not addressed prior to that time. He further added that approximately one year ago, it came before the Committee in the form of a request for donation of use of the 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * course, and the Committee did not approve it. Councilman Kelly pointed out that the present request included payment of greens fees. Councilman Kelly recalled the two organizations which were not approved for a charitable event tournament were outside the time limits as set forth in the guidelines. Councilmember Benson asked for a list of those that were approved, those that were turned down, and why those organization's requests were declined, further adding that this information should be in the minutes. Councilman Kelly concurred with Councilmember Benson He stated that the reasons were stated at the meeting and agreed the minutes should reflect what was done and why. Councilman Kelly moved to, by Minute Motion, receive and file the Golf Course Committee Minutes with the condition that the information requested by Councilmember Benson be provided. Motion was seconded by Councilman Ferguson and carried by a 4-0 vote, with Mayor Pro-Tempore Crites ABSENT. Councilman Kelly stated that the Committee had made changes in the policy for charitable tournaments, and the Committee had requested a report from those organizations regarding the prior years' distribution of money, before approving future tournaments. He noted that the Committee was refining its policy as it went to better serve the needs, and these changes would be coming to Council in the future for consideration. Mr. Ortega stated with regards to Item F of New Business, a report would be presented from the Golf Course Committee Meeting earlier this week. I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Street Resurfacing Programs for Fiscal Years 1998/99 and 1999/2000 (Contract No. C15610) Mayor Spiegel stated there were ten streets within the Palm Desert Country Club area which were listed for the resurfacing project. He asked whether the Project Area No. 4 Committee had a chance to review the list. Mr. Folkers responded they did not, but added there was no immediacy for this project. Mayor Spiegel moved to, by Minute Motion, to continue the subject matter until such time as the Project Area No. 4 Committee had a chance to review the recommendation. Motion was seconded by Councilman Kelly and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. P. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization for Various Computer Equipment. Mayor Spiegel noted that Mr. Diaz asked that this item be removed for separate consideration. Mr. Wohlmuth stated that over the next few weeks on Saturdays, staff would be going through the Public Works storage area. He stated the surplus property was basically computer and technology equipment which was of no value and would be donated to the Children's Discovery 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Museum. He added that staff requested some of the chairs which were broken, damaged, or considered to be obsolete in the City's ergonomic program also be declared surplus. He stated —that the Fire Department and Desert Willow requested the opportunity to utilize some of the surplus equipment, adding the property in question had an original value of less than $1,000. Mayor Spiegel moved to, by Minute Motion, declare the various listed computer equipment described in Exhibit "A" of the staff report, as well as the chairs, etc. identified during clean -out of the public works storage area, as surplus property and authorize its disposal, some of which will be utilized by the Fire Department and Desert Willow. Motion was seconded by Councilman Kelly. Councilman Ferguson inquired about the 12 computers and 11 printers being donated to the Children's Discovery Museum, since it seemed like a large amount being donated to one charitable organization. He asked whether other charitable organizations that needed computer equipment were considered. Mr. Gibson stated that most of the equipment was obsolete and said that the Museum would use the equipment for children to dismantle. Councilmember Benson added that the Museum took toasters, irons, radios, etc., removed all the components, and allowed the children to play with them. She added that none of the equipment was operable. Mr. Gibson stated that computers found to be operable were examined for their ability to be upgraded, and staff did so in order to save costs. Motion was carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. VIII. RESOLUTIONS A. RESOLUTION NO. 99-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 98-74, SALARY SCHEDULE, RANGES, AND ALLOCATED POSITIONS, RELATING TO THE REORGANIZATION OF THE PUBLIC WORKS MAINTENANCE DIVISION. Mr. Wohlmuth stated that as a result of the growth of the City of Palm Desert, specifically in parks, three positions had changed; one of the employees retired, one resigned, and one was promoted. Therefore, he stated that the City was permanently four employees short in the Parks Division. Additionally, he said the maintenance of fleet vehicles was changed from the Mechanic's position to that of Fleet Coordinator, working with private firms to maintain the corporation yard fleet. Mr. Wohlmuth reported that two years ago, the Department of Transportation (DOT) required R. that all heavy equipment operators maintain a Class A license, which required them to go 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * through random drug tests, as well as education and training programs. He stated a significant amount of employees were enrolled in the DOT program, but only approximately five pieces of equipment required that type of license. He added that there were a couple of employees who utilized the equipment a majority of the time; all other employees used the equipment on rare occasions. Mr. Wohlmuth stated the subject resolution identified the action taken at the February 25, 1999, City Council Meeting which granted maintenance of Civic Center Park to the private sector. He stated as a result, those four employees would not be replaced in the Parks Division. He added that the Fleet Coordinator position would be responsible for maintaining the vehicles. Mr. Wohlmuth stated the third item designated three Heavy Equipment Operators I and one Heavy Equipment Operator II, which was the current sweeper operator. He stated that position would remain at the same level, and the three Heavy Equipment Operator I positions would be the primary positions driving heavy equipment. He noted this recommendation was the result of substantial change in the way maintenance employees were utilized over the last 12 months. Councilmember Benson asked whether three new people would be hired or if current employees would be reallocated. In response, Mr. Wohlmuth stated that staff was down four people, no new people would be hired, and certain positions would be allocated to new duties. Councilman Kelly moved to waive further reading and adopt Resolution No. 99-22. Motion was seconded by Councilman Ferguson and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 902 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.56 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO THE CONTROL OF CURFEW AND TRUANCY OF PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS. Councilman Ferguson moved to waive further reading and adopt. Motion was seconded by Councilman Kelly, and carried by 4-0 vote with Mayor Pro-Tempore Crites ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. CONSIDERATION OF THE PUBLIC SAFETY COMMISSION'S APPROVAL OF THE ESTABLISHMENT OF PREFERENTIAL PARKING DISTRICT NO. 1 WITHIN A RESIDENTIAL ZONE IN THE CITY OF PALM DESERT (Called up by Councilman Jim Ferguson). Mr. Hart Ponder, Code Compliance Supervisor, stated that on February 17, 1999, the Public Safety Commission approved a resolution setting parking regulations for the subject area. He stated a map depicted the area in question and Mr. Mark Greenwood, Traffic Engineer, believed that the area proposed (Santa Rosa Way, San Nicholas Avenue and San Anselmo from Monterey Avenue to San Pablo) should be regulated. He added that the other streets would be affected because the problem would just relocate to the next street and the problem would essentially be moved to the next block. Mr. Ponder stated property owners and residents were all contacted, and the program was explained to them. At that time, he stated 37 people responded in favor of the program, and 17 residents were against the program. Mr. Ponder stated the matter was brought before the Public Safety Commission, and the decision had been appealed, questioning whether the action was the last resort answer to correct the problem. He added staff was also concerned whether this was in the best interest of the residents and the situation at hand. Councilman Ferguson stated he and Councilman Kelly were at the site recently, and they counted 12 cars parked on San Anselmo Avenue between Fred Waring Drive and Santa Rosa Way, and 12 cars parked parallel on Fred Waring Drive along the vacant lot just east of the Sunlife Building. He added that there was a red curb in front of the Sunlife Building which could have accommodated the cars on San Anselmo and inquired why the City designated it as a red zone. In response to Councilman Ferguson's inquiry, Mr. Folkers stated that the driveway proximities and street proximities presented a concern for eastbound traffic and traffic trying to exit that facility. As a result, he said last fall the curb was designated a red zone from Monterey to San Anselmo. Councilman Ferguson stated the eastbound portion from San Anselmo did not have red curb from Fred Waring, and just as many cars could park on the street as the parking lot. Mr. Folkers stated that driveways did not exist in that area. Mr. Folkers clarified that visibility was a problem for people trying to exit the various professional buildings located on the south side of Fred Waring, west of San Anselmo. He added that staff believed it to be a hazard and the matter was brought before the City Council, at which time Council concurred. Mr. Drell responded to Mr. Ferguson's question regarding the parking requirement for the _ building. He stated it was five per thousand, but the medical requirement was recently 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * increased to six per thousand because of this experience. He added that this was the first exclusive medical office building approved in the zone, resulting in the increase. He further added that if the lot was approved today, there would be an increase of 10 to 15 more parking spaces. Councilman Ferguson stated that he believed there was a parking problem. He added he came to work everyday along that route to determine if it was sporadic or continual. He believed that if it was sporadic, the City was asking 133 residents to pay for a 12-car problem. He stated he wanted to be sure the City couldn't restripe the curb or work with the building owner to find more parking for the employees, that those efforts were exhausted before the City asked residents to register to park at their own homes. Councilman Kelly stated the College of the Desert Street Fair should have some responsibility. Mr. Ponder stated that was one of the problems, but inquired how to regulate a family attending the Street Fair to turn left instead of right and cross the street. He added that he was at the Street Fair this past Saturday, and there were in excess of 35 cars in the cross area, people were parking and walking straight over to the Street Fair. Mr. Ponder also stated that Dr. Ault, who was present, counted 22 cars today on San Anselmo and Santa Rosa Way. He added that if the program were put into place, and it became detrimental and not what the citizens wanted, it could easily be removed and deregulated. Councilman Ferguson asked Mr. Ponder whether he was satisfied that before the City took that step, it had done everything in its power to eliminate the problem, short of implementing the proposed program. Mr. Ponder stated that Mr. Greenwood could give more details but was out ill today. He added that he was relying on Mr. Greenwood's expertise and experience and believed this was the only solution. Councilman Ferguson stated he would rely on staff as well; he recalled Mr. Greenwood saying, "If you're going to do a program, this is the way to do it," not expressing an opinion on whether to do it or not. He did not disagree with staffs work on the program or recommendation, but he was unconvinced the City had met its responsibility in trying to take care of those problems independently. He added that Councilmember Benson mentioned she was working with the Street Fair people with regards to parking. He stated if the City couldn't get a building owner to have self-contained parking for his or her employees, then the City should look at it. Councilman Kelly inquired about people being charged for parking at the Street Fair which caused people to park outside the parking lots. Mayor Spiegel responded that the McCallum Theatre charged attendees a fee for use of the asphalt parking lot. Councilmember Benson stated College of the Desert recently added parking to the back of the campus, as well. She added she wrote a letter to Dr. Kroonen requesting a meeting with Gene Marchu of the Street Fair to see if the City could help reconfigure the parking. She believed the matter should be tabled until this was done. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly asked about covered parking behind the medical building, stating he saw parking places reserved for VIP's that were vacant when he frequented the building. He felt — those spaces should not be reserved for VIP's but used for patrons so they didn't have to park on the street. DR. ROBERT AULT, 73-230 Santa Rosa Way, Palm Desert, California, addressed the Council regarding the parking problem. He stated the reserved parking at the Sunlife Medical Building were handicapped spaces, and there were only two VIP spaces. He further stated that was a small portion of the parking problem; the biggest problem was the patrons who went to the building. He stated they parked on the street when the parking lot was full, which took up spaces for the area residents of the area, and the Street Fair was another issue. He added that the problem was caused not only by patrons of the Street Fair, but the vendors. He further added that on any given Saturday or Sunday morning most vehicles parked on the street were vans of people selling at the Street Fair. He said if they had not parked there, the patrons would be. Dr. Ault stated he did not have available parking in front of his home seven days a week -- the only spaces available were those if you were lucky enough to get there when one patron left the building or in his driveway. He felt it unfair and noted many possibilities and solutions had been reviewed to correct the problem (i.e. owners of the Sunlife Medical Building were asked to request their employees not park on the street). He said on the weekends, a sign at the Sunlife Medical Building stated no parking was allowed, and the lot was chained off. Dr. Ault asked Council to approve staffs recommendation, feeling it would affect the residents in a positive way and create a safer environment. He added the amount of people walking across — Fred Waring Drive was also unsafe, as was anyone who attempted to pull out of his driveway with large vans parked on either side. Councilman Ferguson concurred with Dr. Ault. However, he referred to one of Dr. Ault's neighbors who sent him a letter which stated they never had any parking problems in the past or the present. He added that the letter's author felt the solution would create a war between neighbors, they would have to turn away friends and relatives if they had to park without a permit, and felt they should not have to go through the hassle of applying for a parking permit since they believed no problem existed and no one would appreciate paying for a parking ticket to visit them. Councilman Ferguson stated the author of the letter may not have a problem, but the City was asking 133 residents to sign up for the program because of what he perceived to be a problem peculiar to the residents caused by the Sunlife Building and the Street Fair. He stated he would like to work with the Street Fair. He also stated the City had certain say over how a property owner used their FiVpr aly if it negatively impacted others, neighboring property such as Dr. Ault's, and he desired that before going to such a drastic measure. DR. AULT responded that residents could apply for as many parking permits as they requested. Councilman Ferguson questioned whether they should have to apply for parking permits since he felt the people who should not be parking there should be asking for permission. Dr. Ault then asked Councilman Ferguson if he had a solution to the problem since they had been 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * looking for one for over a year and half. Councilman Ferguson stated he wanted to look for one. Mayor Spiegel thanked Dr. Ault and stated Council would definitely come to a solution, although it may not be the one he wanted. Dr. Ault stated he appreciated the fact that Council had taken the problem into consideration. Councilman Ferguson moved to, by Minute Motion, continue the matter to a date uncertain so that a meeting could be held with the City, College of the Desert, and residents of the area, as well as representatives of the Sunlife Building. Councilmember Benson stated a meeting should be held with owners of the Sunlife Building, as there was maybe something else they could do. Councilman Ferguson suggested they could possibly lease some spaces from the McCallum Theatre for their employees during the daytime. Mayor Spiegel suggested that Dr. Ault be a member of the committee. Motion was seconded by Councilman Kelly and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. Mrs. Gilligan stated for the record that a letter was sent to Dr. Kroonen inviting him to establish -` such a meeting. B. CONSIDERATION OF A REQUEST FROM THE COACHELLA VALLEY MOUNTAINS CONSERVANCY (CVMC) FOR FINANCIAL ASSISTANCE. Mr. Drell stated the Conservancy requested a $25,000 contribution in connection with their land acquisition activities. He added that the Conservancy was instrumental in the City's receipt of the $203,000 grant which allowed it to complete the C.C. Myers purchase. Therefore, he said staff recommended approval of the request. Councilmember Benson moved to, by Minute Motion: 1) Concur with recommendation of the Outside Agency Funding Committee resulting from its meeting March 11, 1999, to consider CVMC's request for $25,000 for staff support involved with land acquisition activity; 2) appropriate said amount from unobligated General Fund reserves. Motion was seconded by Councilman Ferguson and carried by a 3-1 vote with Councilman Kelly voting NO and Mayor Pro-Tempore Crites ABSENT. C. CONSIDERATION OF ASSEMBLY BILL 38 (VEHICLES, FEF_S, AIR POLLUTION), SENATE BILL 98 (VEHICLES, FEES, AIR POLLUTION), AND ASSEMBLY BILL 221 (LASERS OBSTRUCTING A PEACE OFFICER). - Mr. Ray Janes, Management Analyst II, addressed the Council regarding the support of the three bills. He stated that AB38 and SB98 would extend the $1.00 vehicle registration fee until 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * August 1, 2004. He added that it was scheduled to expire in August 1999. Mr. Janes stated the funds would be used by South Coast Air Quality Management District to promote the use — of clean burning fuels. Councilmember Benson stated that in regards to AB221, the Public Safety Commission had been reviewing an ordinance on lasers, and she believed the subject bill only applied to using the laser on police officers. She felt the bill should be broader and suggested that the letter of support also advocate expanding the scope to include the use of lasers against civilians. Councilman Kelly stated he believed the bill was discriminatory in that it only protected police officers. Mayor Spiegel asked about supporting AB221 and preparing a City ordinance including protection of private citizens. Councilman Ferguson stated that a year ago Council established a subcommittee to review legislation prior to its coming to Council. Further, he said legislation would only be presented to Council in those instances which so uniquely affected Palm Desert that Council felt time should be spent doing some of the Assembly's business. He said that the subcommittee would discuss the pros and cons on each bill and make an analysis. He stated that Councilman Kelly and he were on that subcommittee, yet this was the first time they had seen the subject bills. He felt there was plenty of time left on the legislative calendar, and he wanted more time to review the bills. Councilman Kelly stated AB221 was probably important enough for Council to take a position. However, he admonished his colleagues that when Council took a position on a bill, it should make sure it was important enough that legislators took notice when Palm Desert made a stand. Mr. Janes stated he was not sure of the time frame on the bills, but he would look into it and return the information back to Council, adding he didn't believe they were up for vote in committee any time soon. Councilman Kelly inquired why these three particular bills were brought before the Council. Mr. Janes stated AB221 had been an issue raised with kids using lasers at various Palm Desert High School events. Councilmember Benson stated that was her point on AB221-- that it was designed only for police officers and did not include any other people. She felt that the bill should be all inclusive and not separated for police officers, etc. Councilman Ferguson stated Council received the Legislative Bulletin from California League of Cities, a lobbyist sent reports to Council, and in the past year, the subcommittee had not met on any of the Bills, which he wanted to do now. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson moved to, by Minute Motion, continue the matter until after a meeting had been conducted with Legislative Subcommittee members, Councilmen Kelly and Ferguson. Motion was seconded by Councilman Kelly and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. D. REQUEST FOR APPROVAL, OF RESTAURANT NON-SMOKING ENFORCEMENT. Mr. Diaz stated the Palm Desert Chamber of Commerce had not yet been notified regarding the study. Councilman Kelly stated this matter had been brought up in response to complaints he received from residents regarding smoking in certain restaurants. Councilmember Benson stated that she felt it was a good idea to conduct the study. She added this came under AB13, but the question of who would enforce the non-smoking in restaurants had been a big issue since the very beginning. When the American Cancer Association and Riverside County Health Department tried to get the bill enforced, she said they debated about whose job it was to enforce the legislation. Although they had shown AB13 cut down smoking in restaurants, enforcement still needed to be resolved. She added that in talking to the Health Department, the City of Pahn Desert only had two or three restaurants adamant about enforcing the ban. In response to Mayor Spiegel's inquiry as to who would conduct the study, Mr. Diaz stated that at this point the study would be assigned. Councilman Kelly stated he understood that San Bernardino did a good job enforcing the bill. He asked if staff could determine why it could be done there, how they went about enforcing the ban, and how it could be done here. Councilman Ferguson asked whether the two or three violators would be informed that Council would like them to follow the law, and if they were not inclined to do so, the City would create and enforce its own. He added that he would like to get voluntary compliance with the known troublemakers Mr. Diaz stated that if someone would let him know who those violators were, he would contact them. Councilmember Benson stated the Riverside County Health Department knew, and they should be contacted. Mayor Spiegel suggested that the Riverside County Health Department could come up with the study since they knew who the violators were. Councilman Ferguson stated that Smoky's Restaurant was one of the violators. He added they had persistent violation problems, and he did not mind naming their business publicly since Council was trying to achieve compliance. Councilmember Benson stated the Riverside County Health Department knew who the violators were because they had people going out regularly. She added they knew who gave them a bad time and who did not. She added San Bernardino County had a very good working relationship between the Health Department and Sheriff's Department in getting the law enforced. Mayor Spiegel suggested that staff speak with Supervisor Wilson in an attempt to persuade him to join the study for the entire valley, adding that the problem was not unique to Palm Desert. Councilman Kelly stated the study would be better if done throughout the whole valley. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson moved to, by Minute Motion, approve commencement of a study on restaurant non-smoking enforcement. Motion was seconded Councilman Kelly and carried by a 4-0 vote with Mayor -- Pro-Tempore Crites ABSENT. E. REQUEST FOR APPROVAL OF VALLEY -WIDE HIGH SCHOOL GOLF TOURNAMENT AT DESERT WILLOW GOLF RESORT. Mr. Diaz stated the subject event would be an annual one, and the name of the prize-winning trophy the "Kelly Cup." Councilmember Benson inquired whether money needed to be 4pl.tviated for the trophy. Mr. Diaz stated staff would return to Council with any associated costs. Mayor Spiegel moved to, by Minute Motion, concur with the Golf Course Committee's recommendation to approve the concept of a valley -wide high school golf tournament for students and their coaches with the prize-winning trophy to be named the "Kelly Cup." Motion was seconded by Councilmember Benson and carried by a 3-0-1 vote with Councilman Kelly ABSTAINING and Mayor Pro- Tempore Crites ABSENT. F. CONSIDERATION OF FEBRUARY 2000 FRANK SINATRA CELEBRITY GOLF TOURNAMENT AT THE DESERT WILLOW GOLF RESORT. Mr. Ortega stated the Golf Course Committee considered the event when it met this past — Monday. Councilman Kelly stated he was present at that meeting, and he was not overly enthused at the start because it would take up the golf course for two days, creating somewhat of a problem. He said there was also concern for damage that might be done to the course. He added since that time he had a thorough discussion with the Golf Course Committee, and in sketching the benefits, including romotion of the golf course, that could be derived from the event, felt it would be an excellent opportunity. Additionally, he said the tournament would pay greens fees that would equal those which would be realized from normal operation. He noted that the City entered into an agreement with Intrawest to do some tournaments there also. On the basis of all the positive issues the committee discussed, he said they believed it would be beneficial to the resort. Councilman Kelly moved to, by Minute Motion, approve the use of the Desert Willow Golf Resort for the February 2000 Frank Sinatra Celebrity Golf Tournament. Councilmember Benson stated when the Chrysler Classic requested use of the course, they not only wanted to use the course at the time of the tournament, but for practice rounds as well. She asked whether they required the course for just the two days, or if they wanted to use it prior to the tournament. Councilman Kelly responded it would only be used the two days of the_ tournament. He added that other organizations requested the course be donated, but the Frank 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Sinatra Celebrity Golf Tournament would be paying greens fees. He further stated that the spectators mainly went to see the celebrities so there was not much course traveling by those people; they would stay in the vicinity of the clubhouse and places where they could get a better view of the celebrities. Councilman Kelly stated the merchandise and food revenue would be very good (from the spectators and the golfers themselves), and with the new clubhouse scheduled to be open at that time, it would be ideal. Councilmember Benson asked if there was a clause in the contract that the City would not receive a bill from Kemper Sports Management for $50,000.00 afterwards to repair the damage done to the golf course. Councilman Ferguson stated he was a little less optimistic than Councilman Kelly. He felt it was a wash; if the course stayed open for two days it would make about the same money on just the golf. He stated he was also concerned about damage to the golf course, since it seemed there were $50,000, $75,000, and $100,000 bills received for picking weeds there, but was assured by the insurance provisions of the contract (a $1,000,000 policy by Kemper Sports Management) that there would be minimal impact to the course. He further added he ensured that information was recorded in the minutes so if it came up, he could refer back. Councilmember Benson asked that the grounds also be included. Councilman Ferguson stated all types of things could go wrong; staff had never done crowd control at the resort before, and he wanted to make sure Council was not making a disguised charitable contribution, that the money being paid actually covered the costs. He was also worried about indirect costs. Yet he added that it could be a great opportunity. He and Councilman Kelly met with the organizer and found him to be a wonderfully credible gentleman. He concluded by stating he was looking at it on a wait and see approach; it may or may not be good for the City, but at this point, staff had done enough to persuade him to try it. Councilman Kelly stated the organizers asked for two years, and the Committee agreed to only one year so staff could evaluate the first year and measure how future such tournaments could be handled. Councilmember Benson felt the evaluation should include how many tournaments of this type would be approved each year. She understood this was not a charitable tournament, but was concerned that the City's public course would be tied up for two days. Councilman Kelly stated the Golf Course Committee was in the process of developing guidelines, and any request for such tournaments would be brought before Council. Councilman Ferguson stated that the Golf Course Committee's recommendation was not unconditional. He added that staff worked with the organizers of the tournament to cross - market the City of Palm Desert and Desert Willow (i.e. City of Palm Desert's and Desert Willow's names on the golf bags and in dual advertisements), and they were asked to work with Intrawest, who has contractual rights to golf at Desert Willow on those days. Mayor Spiegel felt Intrawest would love the idea. With all the celebrities there will be, their place will be full in no time. Councilman Ferguson stated that Intrawest asked the City to relocate their golfers to another course and pay for the costs. He added that one of the contingencies was that they resolved Intrawest's concerns at no cost to the City of Palm Desert. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Motion was seconded by Councilman Ferguson and carried a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. Mrs. Gilligan asked whether the motion included the two additional conditions just mentioned. Councilman Ferguson stated they were part of the Golf Course Committee's recommendation. XL CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENTS TO PALM DESERT RENT REVIEW GUIDELINES (Continued from the meeting of February 25, 1999). Councilman Ferguson stated that he had spoken with Mr. Adams in regards to the questions he had at the last meeting. He stated there was an indication there was no sense of urgency and with Mayor Pro-Tempore Crites' absence, he would like to meet with Mayor Pro-Tempore Crites and Mr. Adams to discuss the issue. Councilman Ferguson moved to, by Minute Motion, continue the matter to March 25, 1999. Motion was seconded by Councilman Kelly and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE PORTOLA AVENUE/EL PASEO — DRIVE ALLEYWAY IMPROVEMENTS (CONTRACT NO. C14950, PROJECT NO. 671-98). Mr. Folkers stated the project would start within the next couple of months. He added that the site was located north of Circle K, and the potholes and poor drainage would be taken care of by this project. Councilman Kelly stated this included right-of-way which Timothy Bartlett gave to the City as part of his project's approval. Councilmember Benson stated it would not matter when the project was started because workers used the alleyway year-round. Councilmember Benson moved to, by Minute Motion: 1) Award Contract No. C14950 to Cooley Construction, Indio, California, for the subject project in the amount of $53,373.50 plus a ten percent (10%) contingency in the amount of $5,337.35 and authorize the Mayor to execute same; 2) appropriate funds from Construction Tax Fund (No. 231). Motion was seconded by Councilman Ferguson and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XDII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore, Business Support Center Manager, reported to Council the progress of The Gardens on El Paseo. She stated several new stores opened within the past week, and since December 1998, there were nine new stores, including: Sullivan's Steakhouse, Sharper Image, Gail Jewelers, Bose Stereo, April Cornell, New Balance, Subtle Tones, Jose Abboud and Hugo Boss. She stated this brought the project to 91 % occupied, or 182,000 square feet leased. She further added that most of the stores had reported higher than normal sales and all were doing well financially. Councilman Kelly stated he had an opportunity to attend the Joseph Abboud and Hugo Boss grand opening receptions and found them exceptionally well - received. He added that the City -sponsored Newsweek Tennis reception was also very successful. He further added that a concert was held that night with a cover charge, which he estimated was attended by 300 or 400 people. He stated the League of California Cities Division held an extremely successful dinner at Tommy Bahama's at The Gardens on Monday night; he received nothing but good comments from the attendees. He added that RCTC requested all of its dinners be held in Palm Desert because it was the best they had attended. Councilman Kelly stated Pat Scully and Ruth Ann Moore did an great job, as did staff of the City Clerk's Office. Councilmember Benson inquired about the sales tax report for the last quarter of 1998. Mr. Gibson stated that report would be received about mid -April. Councilmember Benson asked if the report could be separated to determine what increase was realized from The Gardens on El Paseo or whether it was shifting to other areas. Ms. Moore stated The Gardens on El Paseo was recently featured in an article appearing in Shopping Center World, a nationally distributed magazine to shopping center developers and retailers; in fact, The Gardens on El Paseo was featured on the front cover. Ms. Moore stated this was good publicity for the center, and for the City of Palm Desert as well. Ms. Moore stated that Bert & Rocky's Cream Co., a high -end ice cream shop, had signed a lease and would occupy the former Manhattan Bagel Shop. She added there were three offers on the former Circuit City building and negotiations with one of the businesses would hopefully commence shortly. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that she and Mrs. Gilligan just returned from Washington, DC where they visited the Pentagon Mall. She added it was one of the — prettiest and cleanest malls she had ever seen or visited. She asked Ms. Moore obtain a directory of the mall to see if those stores could be brought into Palm Desert. 2. Progress Report on Desert Willow Clubhouse Facility Mr. Ortega stated that Mr. Acosta was out ill today, but he reported that a meeting was recently held with Councilmen Kelly and Ferguson about the clubhouse. Councilman Ferguson stated that construction was on target. He added there may be a need for he and Councilman Kelly, possibly other Councilmembers, to meet with the City Clerk and other planners at the City to determine an operational opening date that was not tied to the construction deadline so marketing and promotional efforts could be planned. He stated no particular dates were set, but a meeting needed to be held. Councilman Kelly stated that a tour of the golf course could be attended by golfers and non -golfers alike. B. CITY MANAGER 1. Repnrt Student Government Day (Mr. John Wohlmuth) Mr. Wohlmuth reported that at the next Council Meeting, March 25, 1999, Student Government Day would be reinstituted in the City of Palm Desert, with 16 Palm Desert High School students participating. He said Councilmembers and staff would participate, with the students shadowing their City counterpart for part of the day on March 25, as well as at the City Council Meeting. C. CITY ATTORNEY Mr. Erwin asked that Closed Session consideration be given for those items listed on the agenda and asked that the following item be added to Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 3) Property: 7.5 acres at the southeast corner of Portola Avenue and Silver Sands, Palm Desert, California. Negotiating Parties: Agency: Phil Drell/City of Palm Desert and U.S. Homes Property Owner: City of Palm Desert Under Negotiation: g. Priceg Terms of Payment 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel moved to, by Minute Motion, add the subject consideration to the agenda. Motion was seconded by Ferguson and carried by a 4-0 vote with Mayor Pro-Tempore Crites ABSENT. 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 97 Acres west of Palm Valley Storm Channel, south of Painters Path, Palm Desert, California Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: Kathleen S. Fox Under Negotiation: x Price x Terms of Payment NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. 2) Property: Lease Property - Parkview Professional Office Buildings, 73-710-720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: City of Palm Desert/Paul S. Gibson, Finance Director Property Owner: City of Palm Desert Other Parties: State of California Department of Agriculture Under Negotiation: x Price x Terms of Payment 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. b) Stull v. Bank of America NT&SA, et al., Superior Court of the State of California, City and County of San Francisco, Case No. 968-484. 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. None 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CITY CLERK 1. Reminder to Adjourn this Meeting to an Adjourned Joint Meeting of the City Council/RDA Friday, March 12, 1999, at 8:30 a.m. for the purpose of conducting a Closed Session for the following: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Land located in Section 4 - Desert Willow Negotiating Parties: Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: g Price ..2L. Terms of Payment Mrs. Gilligan reminded the Council of the need to adjourn this meeting to Friday, March 12, 1999, at 8:30 a.m. 2. Reminder that the National Crime Prevention Council would be conducting a workshop with the Public Safety Commission March 18 and 19, 1999, to establish a blueprint for community policing. She added that the workshops were previously approved by Council, and this was the first workshop in a series of three. She further added the Council was welcome to attend; workshops would start at 9:00 a.m. in the CVAG Conference Room. Councilman Ferguson suggested that a memorandum be circulated to Council with the agenda. Mrs. Gilligan stated she would do so. Mayor Spiegel inquired whether the other Cove cities should be invited to the workshops. Councilmember Benson stated all Palm Desert schools and the Chamber of Commerce were invited, but the other cities were excluded because the blueprint would be specific to the City of Palm Desert. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Charitable Tournaments (Councilman Ferguson) Councilman Ferguson suggested the Golf Course Committee and City Council rethink how the charitable tournaments at Desert Willow were done. He added that although the course was only two years old, the same charities seemed to be awarded tournaments and no one else. He further added that the focus had been to work with charities that directly benefitted the City, but had been more regional in other approaches. Councilman Ferguson noted that Carl Cardinalli 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * from Bighorn stated they limited the number of charity events per year, and they also only allowed a charity to have one event there every three years. He suggested that could be a possible stipulation for the future policy. Mayor Spiegel concurred. Mr. Ortega stated changes to the current policy were being prepared, and Councilman Ferguson's idea could be incorporated. He said the policy would be agendized for the next City Council Meeting, March 25, 1999. 2. Report League of Cities Conference, Washington, D.C. (Councilmember Benson) Councilmember Benson stated she and Mrs. Gilligan attended the National League of Cities Conference, which she felt was very worthwhile. She added they brought back a lot of information on what others cities were doing about the Y2K issue, as well as sources for additional information, including what the federal government was doing. She further added that she attended a workshop on crime and news, and information would be forthcoming from the Cities of Haywood, and Olympia, Washington. Councilmember Benson stated that as conferences were attended by City of Palm Desert representatives, it had become apparent that Palm Desert was well ahead of the rest of the country with some of its programs. She stated that one of the highlights of the trip was meeting former Secretary of State Henry Kissinger. o City Council Committee Reports: None. Upon a motion by Councilman Kelly, second by Mayor Spiegel, and 4-0 vote of the City Council with Mayor Pro-Tempore Crites ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 5:28 p.m. Mayor Pro-Tempore Crites reconvened the meeting at 7:01 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RIVERSIDE COUNTY SHERIFF'S DEPUTY DAVID EICHELT FOR HEROISM SHOWN TO A PALM DESERT RESIDENT ON MONDAY, JANUARY 25, 1999. Mayor Pro-Tempore Crites presented Deputy Eichelt with an engraved granite and crystal monument recognizing his act of heroism and the City's deep appreciation for its law enforcement officers. Lieutenant Denver Pittman added it was not often that officers received special awards or the opportunity to be recognized for acts above and beyond their call of duty. He expressed the appeciation of the Sheriff's Department for the special way in which Palm Desert always recognized its officers. B. PROCLAMATION DECLARING FRIDAY, MARCH 19, 1999, AS THE VALLEY'S PROMISE DAY IN THE CITY OF PALM DESERT. With Council concurrence, the Valley's Promise Proclamation was presented at the opening of this meeting. Please see that portion of the Minutes for discussion and action. C. PRESENTATION TO WILLIAM BIZ7EI T IN RECOGNITION OF HIS SERVICE TO THE — CITY OF PALM DESERT AS ITS REPRESENTATIVE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT. Mayor Pro-Tempore Crites commented he always looked forward to Mr Bizzell's reports to the Council from the Coachella Valley Mosquito and Vector Control District and expressed the City's appreciation for Mr. Bizzell's good work. He then presented an engraved crystal clock to Mr. Bizzell commemorating his service. Mr Bizzell thanked the City and expressed his pride in being a longtime resident, businessman, and able to serve Palm Desert in this capacity. D. APPOINTMENT TO THE EL PASEO BUSINESS ASSOCIATION. Mrs. Gilligan reported that Mayor Spiegel requested the subject item be continued to the next meeting to allow him time to meet with three people from the El Paseo District. Councilman Kelly moved to continue the matter to the meeting of March 25, 1999. Motion was seconded by Councilman Ferguson and carried by a 4-0 vote with Mayor Spiegel ABSENT. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVL PUBLIC HEARINGS A. CONSIDERATION OF THE FORMATION OF CANYON CREST LANDSCAPE AND LIGHTING DISTRICT. Mr. Tom Bassler, Senior Management Analyst, stated that at the end of the public hearing all votes on the district formation would be tabulated, noting that property owners could submit votes until conclusion of the public hearing. He said the engineer's report budget would be amended to reflect a reduced amount of assessment from that which was initially proposed. Mayor Pro-Tempore Crites declared the public hearing open and invited testimony FAVORING or OPPOSING the subject district formation. With no public testimony received, he declared the public hearing float and requested the tabulation from staff. Mr. Bassler reported that tabulation of the votes received reflected 83 % in favor and 17 % opposed to formation of the district, with a majority of 51 % needed. Therefore, he said staff recommended adoption of the resolutions as presented with an amended engineer's report budget, since the second phase of the subdivision was recorded after this process was begun. He noted that there were originally 22 assessable parcels, and the budget costs were estimated at $380 per year per parcel. However, he said with the additional 46 parcels, the district's annual budget for the first year was $10,055, and the assessment would be reduced from $380.30 to $150.08. Upon question by Councilmember Benson whether property owners would be notified of the lower assessment amount in some way other than their tax bill, Mr. Bassler said he would provide this. Councilman Kelly moved to waive further reading and adopt: 1) Resolution No. 99-24, declaring the results of a property owner protest and related actions for the Canyon Crest Landscape and Lighting District; 2) Resolution No. 99-25, approving the engineer's report as presented or amended; the concurrent annexation into the Palm Desert Consolidated Landscape and Lighting District; and the levy and collection of annual assessments for fiscal year 1999/2000; and 3) Resolution No. 99-26, ordering the formation of the Canyon Crest Landscape and Lighting District; the concurrent annexation of said district into the Palm Desert Consolidated Landscape and Lighting District; and the levy and collection of annual assessments commencing with fiscal year 1999/2000. Motion was seconded by Councilman Ferguson and carried by a 4-0 vote with Mayor Spiegel ABSENT. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 11,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM "PARK" TO "LOW DENSITY RESIDENTIAL," CHANGE OF ZONE FROM 0.S. (OPEN SPACE) TO — R-1 (SINGLE-FAMILY RESIDENTIAL), AND A TENTATIVE TRACT MAP TO SUBDIVIDE 7.8 ACRES INTO 26 SINGLE-FAMILY LOTS LOCATED AT THE SOUTHEAST CORNER OF PORTOLA AVENUE AND SILVER SANDS PARKWAY (40-752 PORTOLA AVENUE) Case Nos. GPA 98-7, C/Z 98-8, and TT 29067 (U. S. Home Corporation, Applicant). Mr. Diaz reported the Applicant had requested a continuance of this public hearing to the meeting of March 25, 1999. Mayor Pro-Tempore Crites declared the public hearing open and invited testimony FAVORING or OPPOSING the subject cases. No public testimony was offered. Councilman Ferguson moved to continue the subject public hearing to the meeting of March 25, 1999. Motion was seconded by Councilman Kelly and carried by a 4-0 vote with Mayor Spiegel ABSENT. XVII. ADJOURNMENT Upon a motion by Councilman Ferguson, second by Councilmember Benson, and 4-0 vote of the City Council with Mayor Spiegel ABSENT, Mayor Pro-Tempore Crites adjourned the meeting at 7:22 p.m. to 8:30 a.m. Friday, March 12, 1999, for a Joint Meeting of the City Council/Redevelopment Agency for the purpose of conducting a Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Land located in Section 4 - Desert Willow Negotiating Parties: Agency: Carlos L. Ortega/Dave Yrigoyen Property Owner: Palm Desert Redevelopment Agency Under Negotiation: g Price Terms of Payment SHEILA R. GILL GAN, CITYLERK CITY OF PALM DESERT, IFORNIA ROBERT A. SPIEGG 26