HomeMy WebLinkAbout1999-10-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 28, 1999
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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
Richard J. Folkers, ACM/Director of Public Works
John M. Wohlmuth, ACM/Director of Administrative Services
Carlos L. Ortega, RDA Executive Director
Patrick Conlon, Director of Building and Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Carolyn Miller, Community Arts Manager
Rachelle D. Klassen, Deputy City Clerk
With Council concurrence, Mayor Spiegel suspended the agenda at this point in order to
consider Item XII, Awards, Presentations, and Appointments. Please see that portion of the
Minutes for discussion and action.
III. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of October 14, 1999.
This item was removed for separate consideration under Item IV, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28,1999
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B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 20, 21,
and 20PD Office Complex.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by DDA Corporation for
Cafe Des Beaux Arts, 73-640 El Paseo, Nos. 1 & 4, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Virginia Burns Fullman
for Kacoons Oasis, 73-405 El Paseo, No. 32A, Palm Desert.
Rec: Receive and file.
E. MINUTES of City Commissions and Committees.
1. Citizens' Advisory Committee - Project Area No. 4 Meeting of September 20,
1999.
2. Golf Course Committee Meeting of September 13, 1999.
3. Housing Commission Meeting of September 8, 1999.
4. Promotion Committee Meeting of September 21, 1999.
5. Public Safety Commission Meeting of September 15, 1999.
Rec: Receive and file.
F. RESOLUTION NO. 99-96 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building & Safety that Have Been Microfilmed (September 1999).
Rec: Waive further reading and adopt.
G. REQUEST FOR APPROVAL of Contract for Computer Software Training (Contract
No. C16720).
Rec: By Minute Motion: 1) Approve the subject contract with New Horizons Learning
Center, Riverside, California, to provide computer software training on
WordPerfect 2000 word processing software for City staff in the amount of
$8,000; 2) authorize the Mayor to execute same.
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H. REQUEST FOR AUTHORIZAZQN to Purchase Concrete Blocks for Retaining Wall at
the Proposed Realignment of Green Way (Project No. 641-98).
Rec: By Minute Motion, authorize staff to purchase Enviro-Blocem concrete blocks for
retaining wall at the subject location in the estimated amount of $50,000 (including
sales tax and shipping) from Inter -Block Retaining Systems, Inc.,
San Marcos, California, as the sole source vendor of this product -- funds are
available in Account No. 213-4385-433-4001.
I. REQLIEST FOR AUTHORIZATION to Advertise and Call for Bids for the Construction
of Landscaping, Sidewalks, Curb, Gutter, and Retaining Wall on the North Side of
Fred Waring Drive from California Drive to Elkhorn Trail (Contract No. C16730).
This item was removed for separate consideration under Item IV, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
J. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C12140 for
Phase II of the Design for the Palm Desert Soccer Park.
Rec: By Minute Motion, approve the subject change order to the contract with
Community Works Design Group, Riverside, California, in the amount of
$794.65 -- funds are available in Account No. 233-4665-454-4001.
K. REQUEST FOR APPROVAL of a Change Order and Acceptance of Work for Contract
No. C15160 -- Construction of the Palm Desert Skate Park.
This item was removed for separate consideration under Item IV, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C16320 -- Signal
Improvements at the Intersection of Phyllis Jackson Lane and Fred Waring Drive
(Sierra Pacific).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to
file a Notice of Completion for the subject project.
M. REQUEST FOR APPROVAL of Final Tract Map 28227 (Sunrise Desert Partners,
Applicant).
Rec: Waive further reading and adopt Resolution No. 99-97.
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N. REQUEST FOR WAIVER OF FEES for World Gym's First Annual 5K "Turkey Trot"
Scheduled for Saturday, November 20, 1999.
Rec: By Minute Motion, waive fees associated with the subject event, benefitting
Shelter From The Storm, to be held on Fred Waring Drive and Town Center Way.
Councilman Ferguson asked that Items A and K be removed, and Mayor Pro-Tempore Crites
asked that Item I be held over for separate consideration under Item IV, Consent Items Held Over.
Upon a motion by Councilman Ferguson, second by Councilman Kelly, and unanimous vote of
the City Council, the remainder of the Consent Calendar was approved as presented.
IV. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meeting of October 14, 1999.
Councilman Ferguson stated the City Clerk requested the Minutes be continued to the
Council's next meeting.
Councilman Ferguson moved to continue consideration of the Minutes of the Regular City Council
Meeting of October 14, 1999, to the City Council's next meeting. Motion was seconded by
Councilman Kelly and carried by unanimous vote.
I. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Construction
of Landscaping, Sidewalks, Curb, Gutter, and Retaining Wall on the North Side of
Fred Waring Drive from California Drive to Elkhorn Trail (Contract No. C16730).
Mayor Pro-Tempore Crites said while he had no disagreement with the project, he was
concerned that the staff report noted construction would commence at the beginning of the
year. He said it would take some two and a half months to complete, January to March,
with curb, gutter, etc., on Fred Waring. With all the other work being done in that
general vicinity impacting traffic, he questioned whether or not the subject project should
be delayed until May.
In response to question, Mr. Folkers said depending upon how the project was staged,
there was a bit wider area in which to work in that location, it was possible that the
contractor would be set to work after 8:30 in the morning and end before afternoon rush
hour.
Mayor Spiegel commented that the season had not yet fully begun, and it was already
impossible to travel through the City.
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Mayor Pro-Tempore Crites stated that the rush hour issue would be solved, but that was
the peak traffic all -day -long time of the year. He was uncomfortable shutting down any
lanes there at that time.
When asked about delaying the project until later, Mr. Folkers said staff had found that
traffic dropped off dramatically after Easter. Therefore, he said the project could be bid
with a commencement in April or May.
Mayor Pro-Tempore Crites moved to, by Minute Motion, authorize the City Clerk to advertise
and call for bids for the subject project, as modified with construction to commence after May 1, 2000.
Motion was seconded by Councilman Kelly and carried by unanimous vote.
K. REQUEST FOR APPROVAL of a Change Order and Acceptance of Work for Contract
No. C15160 -- Construction of the Palm Desert Skate Park.
In response to question about which recommendation should be contemplated,
Mr. Jeff Winklepleck, Parks and Recreation Planning Manager, responded the one
delivered most recently, with larger amounts, was the appropriate one. He said it included
the fencing change order, apologizing that he just received the contractor's quote Tuesday.
Responding to request for information, Mr. Winklepleck explained that the tentative
fencing plans went through Parks & Recreation Commission, which recommended a four -
foot wrought iron fence for two reasons. Commissioners felt it would be easier for
spectators to see over the four -foot fence, and it would also have less visual impact on the
area. He added that the fence was reviewed by the Skate Park Oversight Committee, as
well, which felt four feet was too short for Parks & Recreation to maintain adequate
control of the area when it was closed at night, or if daytime closure was necessary due
to inclement weather or for maintenance purposes; staff concurred with that opinion.
Mr. Winklepleck went on to say that the proposal was to erect a wrought iron fence similar
to the one at the Canine Commons, same color, and the contractor indicated it was
possible the fence would be in place by the November 13 dedication. If approved, he
would contact them immediately to find out for certain, otherwise, it would be delayed
until after that date; the temporary construction fencing would be removed for the
dedication and construction would begin Monday, November 15.
When questioned who comprised the Skate Park Oversight Committee, Mr. Winklepleck
answered Councilman Ferguson served, as did two members from the Parks & Recreation
Commission, a representative from the YMCA, some representatives of the Coachella
Valley Recreation & Park District, interested members of the public, some of the skaters,
and other persons with a related interest (i.e. parents). He said it was an ad hoc committee
for the purpose of reviewing activity, recommending improvements and changes in
operation there.
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Mayor Pro-Tempore Crites said he'd attended the Parks & Recreation Commission
meeting for Mayor Spiegel, and there was a long discussion about fence height. He said
the conclusion, which he didn't believe was completely unanimous, was that four or six
feet, if someone wanted to get into the facility badly enough, they could. However, the
four -foot fence provided significantly lower aesthetic impact while still allowing parents
to look over and watch their kids. He reflected what he felt was that Commission's strong
vote for the four -foot height; staff didn't agree with that and presented an opposing point
of view at the meeting, which was considered and, obviously, rejected.
Councilman Ferguson stated that both he and Mayor Spiegel were on the Committee that
met with users of the facility, Park & Recreation staff that supervised it, as well as City
staff, to discuss the subject. He said a good long meeting was conducted with the people
who sat there hour after hour every day trying to supervise those who were less than
respectful for the facility, and there was concurrence that a six-foot fence was needed. He
went on to say it was decided that enforcement of rules and regulations was a problem,
users weren't registered, and they would leave prior to the arrival of police. He felt
hopping a four -foot fence versus climbing a six-foot fence was a significant enough
deterrent, and he was pleased that the issue was being moved forward.
Upon inquiry regarding the difference in the service lateral cost ($2,100 as opposed to
$1,500), Mr. Winklepleck responded that it was $1,500 because there was a credit to the
City, and that amount was put back into the fencing. In further response, he stated six feet
was recommended, painted tan.
Councilman Ferguson moved to, by Minute Motion: 1) Approve Change Order No. 1 to Contract
No. C15160 for additional work required to complete the Skate Park Construction in the amount of
$46,100; 2) authorize the transfer of $43,900 from contract contingency to base -- additional $2,200
available in Account No. 233-4674-454-4001; 3) authorize the City Clerk to file a Notice of Completion
for the Palm Desert Skate Park upon completion of the installation of six-foot fencing, per the proposal
for same. Motion was seconded by Councilman Kelly.
Councilmember Benson stated she didn't have any question about the fence. However,
she wondered what had to be done in order to make the facility and its perimeter non-
smoking. Councilman Ferguson answered he thought it was already prohibited by
ordinance.
Mr. Winklepleck said that was an issue brought up at the Oversight Committee meeting;
in fact he brought it up due to his concern, not only because of kids smoking there, but the
safety hazard caused from cigarette butts on the park's surface. He went on to say that a
revised ordinance would be coming before Council in the near future that detailed a few
of the issues raised by the Oversight Committee, smoking being one of them.
The motion carried by unanimous vote.
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When questioned about the number of skaters seen without helmets and the supervised
hours, Mr. Winklepleck responded that was another issue addressed by the Oversight
Committee. He said on weekdays from 2:00 p.m. to close, Coachella Valley
Recreation & Park District staff was on -site; they were present all day on weekends. The
Oversight Committee recommended extending supervised hours through the week to all
day every day, which he said would be brought to Council at its November 18 meeting.
Councilman Kelly stated there either needed to be someone supervising the facility or it
should be locked.
Mayor Spiegel commented that he'd circulated to his colleagues a draft letter to parents
of all elementary and middle school children, asking for cooperation to ensure Skate Park
users were adequately equipped with helmets and pads. He went on to say there was still
the possibility of working with the Police Department to first notify the kids followed by
some stronger measures, if needed.
Councilman Ferguson recalled Mayor Spiegel brought the draft letter to Council at one of
the Police Briefings, and it was subsequently taken to a Skate Park Oversight Committee
meeting that the Mayor could not attend. He believed that there were so many
recommendations under consideration that, if approved by Council, needed to be included
in any such letter to be distributed; therefore, the letter should be delayed until the
complete package was ready.
Mayor Pro-Tempore Crites felt the tone of the subject letter could be softened somewhat.
He believed the letter should be instructive without being threatening.
Mayor Spiegel concurred, adding that he would recommend Mayor Pro-Tempore Crites
read the letter, and with his approval, it be distributed to the children rather than waiting
another two weeks.
Councilmember Benson and Councilman Ferguson reiterated the desire to have all the
other information included in the correspondence, such as the no -smoking issue, whether
or not there would be unsupervised hours, things that parents needed to know. Further,
Councilman Ferguson knew of at least one doctor that wanted to talk to the City about
requiring wrist guards for in -line skaters and skate boarders, since he was the one who
treated most of those wrist injuries. He went on to say there could be some factual
inaccuracies in the letter shortly after it was sent if Council didn't wait until its next
meeting. Council concurred.
With Council concurrence, Mayor Spiegel directed that consideration of the aforementioned letter
to parents would be delayed to the Council's meeting of November 18.
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Councilman Ferguson said the other item talked about by the Oversight Committee was
that instead of having the typical $500 fine or six-month jail time open-ended penalty,
having a dollar -specific fine that people would realize they were subject to if the rules were
broken. Additionally, he said there was talk of: 1) Placing a camera on -site that would
be monitored at the Police Station; 2) letting the public know trespassing may be
punishable by immediate arrest; 3) installation of a telephone for emergency calls. He felt
his colleagues would be very impressed with the ideas presented by Parks & Recreation
at the meeting.
V. RESOLUTIONS
None
VI. ORDINANCES
For Introduction•
None
For Adoption:
None
VII. NEW BUSINESS
A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL
REVIEW COMMISSION, DENYING A PERMIT TO PARK AND STORE A NINE
FOOT HIGH BY TWENTY-ONE FOOT LONG RECREATIONAL VEHICLE IN THE
FRONT YARD OF THE PROPERTY LOCATED AT 73-500 FEATHER TRAIL
Case No. RV 99-5. (Louis & Eva Conconi, Applicants/Appellants).
Upon question about what impact homeowner CC&R's had on this type of case,
Mr. Erwin responded they applied between the homeowners; the City had not assumed any
enforcement of private CC&R's. He clarified that the City did not change, overrule, or
otherwise modify those regulations.
MR. LOUIS CONCONI, 73-500 Feather Trail, Palm Desert, stated he'd been a
Palm Desert resident since 1968. He went on to explain his situation with the recreational
vehicle (RV) and his wife's illness which necessitated travel in that manner to and from
various medical appointments throughout the region. He had inquired with Palm Desert
Storage about parking his RV, but they were full; at the lot on Washington, he was told
they would be remodeling soon, and all RV's would have to be removed in January. His
only alternative was either Indio or Desert Hot Springs, which was inconvenient; he could
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utilize the side of his property along the garage, gaining four feet if the cypress tree was
removed. He said considering all the ficus trees, he would still have 26 feet from the
location to the street, and he didn't understand the objection. Further, he felt the number
of signers on the homeowner group's letter was somewhat inflated. He said several
members of same households signed it, and after Architectural Review Commission's
(ARC) denial, three residents came to him to say they were sorry he was denied because
they understood his situation. He asked Councilmembers to reconsider, hoping they would
come to his residence to see what he wanted to do; he had room in the back yard but could
not get the vehicle back and forth to that location. Therefore, he felt the only way was
along the garage, the unit was the same length as that wall, and he wondered what
difference it would make whether passersby saw the wall or bushes. He didn't believe it
would devalue his property because his was always very well kept. He closed by stating
it was easy to adopt an ordinance stating "cannot," which made him wonder when the City
would say "you can." Additionally, he cited Ironwood Park at the end of Buckboard Trail
where Southern California Edison and the water district had facilities; there was a bare
piece of property that he doubted anyone would ever build on. He suggested the lot be
leveled and made available to residents for parking their trucks, RV's, or boats for a fee
that would pay for improvements made to the site for that purpose.
Councilmember Benson said she went to see Mr. Conconi's site, and she didn't see
`— anything growing; perhaps it hadn't been planted yet. She felt a screen extending from
the carport out over the RV with a wall would be a means of camouflaging the unit.
Councilman Ferguson said he also looked at the pictures, the report, and he felt the City's
ordinance was very clear about when an RV could be parked-- when the owner mitigated
the visual impact with screening. He said in looking over ARC's action, it simply said
that the proposed ficus hedge with six-foot gate was not enough screening, which led him
to believe that if Mr. Conconi could develop a proposal that would soften the visual impact
of his RV, it could be left where it was.
MR. CONCONI said ficus and oleander were suggested to him because of their rapid
growth.
Councilman Ferguson acknowledged that information. However, he reiterated that ARC
was the body responsible for sorting out those types of issues and making
recommendations to the City Council, and ARC found it inadequate. He quickly pointed
out to Mr. Conconi that it didn't mean he couldn't present an alternative that would be
acceptable; it might just take a little more work.
In response to question whether ARC gave the Applicant/Appellant suggestions for ways
to make the proposal acceptable, Mr. Martin Alvarez, Associate Planner, said it didn't
really. Mayor Pro-Tempore Crites stated that should be done, and he suggested that the
matter return to ARC with Council's direction that guidance should be provided the
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Applicant/Appellant for satisfactory compliance. He noted that the homeowners'
association was a separate issue over which the City had no control, but options should be
provided, and the Applicant could choose to implement same.
Mr. Alvarez said there was one option mentioned, providing a carport -type structure that
would extend out from the side of the garage. However, he said since the RV was higher
than the existing carport, it would almost dwarf the residence.
MR. CONCONI felt the Commissioners should see the residence; no one had visited it
prior to the ARC meeting. Council concurred.
MR. CONCONI said it had only been the Code Enforcement officer who'd seen the
situation, adding that on the first visit, the officer said it was okay. He said that officer
passed away; then more recently, another officer came out and asked to see the permit for
the unit. Mr. Conconi said he was unaware of the need for same, which prompted him
to initiate his application.
Councilman Kelly commented that the ordinance was in place, and in order to make it
effective, it had to be upheld. In looking at the picture, he hoped it could be
accomplished, but he had some doubts.
Councilmember Benson said she felt there were other instances where the roof showed.
If there was a screen in front of the RV that was adequately landscaped, she didn't feel the
roof of the unit was as objectionable as looking at the entire vehicle.
Mayor Pro-Tempore Crites stated that if ARC decided the unit could not be mitigated, then
it needed to make such a statement. Councilman Kelly felt it had.
In response to question, Mr. Alvarez stated the next ARC meeting was a week from
Tuesday; he affirmed the item could be agendized for same, and returned to City Council
on November 18.
Mayor Pro-Tempore Crites moved to, by Minute Motion, return the appeal to the Architectural
Review Commission with that body directed to physically inspect the location and provide guidance to
the Applicant/Appellant on what measures would be appropriate for meeting the ordinance or to advise
the Applicant/Appellant that in its belief, the measures could not be accomplished. Motion was seconded
by Councilman Ferguson and carried by unanimous vote.
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B. CONSIDERATION OF STREET RIGHT-OF-WAY AND PUBLIC SERVICE
EASEMENT ABANDONMENT FOR LOCATIONS KNOWN AS DESERT COUNTRY
CIRCLE AND PALM VISTA UNIT NO. 1.
Councilmember Benson moved to: 1) Waive further reading and adopt Resolution No 99-98,
initiating proceedings to vacate a portion of right-of-way known as Desert Country Circle North of
Country Club Drive; 2) waive further reading and adopt Resolution No 99-99, initiating proceedings to
abandon a portion of that public service easement affecting Lots 20 and 21, described as an easement "for
construction and maintenance of all public utilities," as shown on the Palm Vista Unit No. 1 Subdivision
Map. 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.
C. REQUEST FOR APPROVAL OF CONTRACT TERMINATION FOR LANDSCAPE
SERVICES AT PALM DESERT SPORTS FACILITIES (PALM DESERT SOCCER
PARK, COOK STREET SPORTS COMPLEX, OLSON FIELD, RUTLEDGE FIELD,
CIVIC CENTER PARK PHASE III) (CONTRACT NO. C15041).
Responding to question, Mr. Folkers stated the project would be going out to bid. In
further response, he said the City had 30 days in which to go out to bid, and if there were
any problems, Valley Gardening Service could be brought in on an interim basis.
Councilman Ferguson moved to, by Minute Motion, approve a 30-day termination notice for the
subject contract with Kirkpatrick Landscaping Services, Inc., Indio, California, pursuant to the terms of
same. Motion was seconded by Mayor Spiegel and carried by unanimous vote.
VIII. CONTINUED BUSINESS
A. 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 (Continued from
the meetings of August 26, September 9, September 23, and October 14, 1999).
Mr. Erwin reported modified ordinances had been distributed with agenda packets for this
meeting; they addressed awarding bids and purchases to qualified bidders, eliminating the
lowest responsible requirement.
Councilman Ferguson commented that since the matter was published in the agenda, he'd
heard from a number of people who'd raised issues, causing him to conclude that the
subject change should not be adopted at this time and further study was warranted. He
said one observation made was that if it was left open to "a qualified bidder," the City was
thrown into a political lobbying effort on every contract let because it didn't say it had to
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be the lowest. In talking to other people about how to accommodate flexibility for a
Council that wanted the ability to deviate from lowest responsible in those cases where it
felt it was necessary to do so, he understood there were about half a dozen different ways.
However, as it was worded currently, acknowledging its continuance since August, he felt
it needed more work. He was not yet prepared to depart from lowest responsible bidder.
Responding to question, Councilman Ferguson said he had not shared his ideas with the
City Attorney, further clarifying that they were all legal ways to accomplish the same
result; it was just a matter of deciding what this Council might find most appropriate. He
suggested appointing a couple of Councilmembers to review the issue and report back to
their colleagues before proceeding.
Mayor Pro-Tempore Crites said he was also concerned about that issue, citing instances
in years' past where contractors had come in to lobby the Council on why the lowest
bidder shouldn't be accepted, why one contractor was better than another, etc., and he
didn't want to go through that process on a continuous basis. He said the City didn't have
that problem currently, contractors had more work than they could achieve; but recalling
five years ago when everybody was looking for anything to stay afloat, he anticipated
being visited by groups with other than the City's interests at heart.
Mayor Spiegel felt one of the things the Council was trying to accomplish was that if there
were two bids that were very close, one from a Valley bidder, and one from outside,
Council would have the discretion of taking the local bidder. He believed giving business
to those who made their homes here was preferred.
Mayor Pro-Tempore Crites countered that to his knowledge, the City had never defined
the meaning of a "local bidder." He questioned whether someone who rented an office in
Palm Desert became a local bidder because they had a local office versus someone who
had been in business here for 25 years. Further, he asked if someone with an office in
Banning qualified, or in Thermal-- would it be acceptable to just have a post office box,
or was a physical location the criteria-- if those details were not made clear, a future
Council may have to debate what "local" meant.
Councilmember Benson said she felt another reason it was being discussed was to
determine if the lowest bidder was from, for instance Newport Beach, and they were
trying to get workers from there, projects might be delayed. Whereas, she said manpower
would be more accessible if it was a local contractor.
Councilman Kelly commented that as far as the issue of local contractors, most of those
from outside the Valley often hired many local employees; that was something to consider.
However, he had no strong feelings either way.
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Mayor Spiegel suggested Mayor Pro-Tempore Crites and Councilman Ferguson be
appointed to review the issues with the City Attorney and return to the Council with their
recommendation.
Councilman Ferguson said he'd like to get the matter wrapped up prior to the end of the
year; there were about seven other items unrelated to lowest responsible bidder in the
subject ordinance amendment.
Mr. Erwin noted that he would not be available prior to nor would he be attending the
Council's meeting of November 18.
Councilman Kelly moved to continue consideration of the 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, appointing Mayor Pro-Tempore Crites and Councilman Ferguson to meet with the City
Attorney to address and resolve the issues concerning lowest responsible bidder requirements, and return
with an appropriate recommendation at the meeting of December 9, 1999. Motion was seconded by
Councilmember Benson and carried by unanimous vote.
B. ORDINANCE NO, 926 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, DESIGNATING THE RELOCATION APPEALS
BOARD TO HEAR APPEALS FROM DETERMINATIONS OF THE CITY OF PALM
DESERT AND THE PALM DESERT HOUSING AUTHORITY (Continued from the
meeting of October 14, 1999).
Mr. Ortega asked Council to continue the subject ordinance as the requested changes had
not yet been made.
Mayor Pro-Tempore Crites moved to continue Ordinance No. 926 to the meeting of November 18,
1999. Motion was seconded by Councilman Ferguson and carried by unanimous vote.
C. CONSIDERATION OF ADVERTISEMENT ON BUS STOP SHELTERS IN THE
CITY OF PALM DESERT (Continued from the meeting of October 14, 1999).
Mr. Wohlmuth stated that based upon Morris Communications' presentation at the last
City Council Meeting, staff had drafted a recommendation and communicated it to Morris
for concurrence. He reported that Morris agreed with the subject staff report; staff
recommended implementation of the policy, effective November 1, 1999, through the term
of the contract.
Councilman Kelly moved to, by Minute Motion, approve the advertising procedures and policies
submitted by Morris Communications Corporation for the bus shelter program in Palm Desert. Motion
was seconded by Councilmember Benson and carried by a 4-0-1 vote with Councilman Ferguson
ABSTAINING due to his representation of Morris Communications.
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IX. OLD BUSINESS
A. REQUEST FOR APPROVAL OF THE EXPENDITURE OF ART IN PUBLIC PLACES
FUNDS FOR MODIFICATION OF THE DESERT WILLOW CLUBHOUSE FOYER
AS IT RELATES TO THE INSTALLATION AND LIGHTING OF THE CHIHULY
ARTWORK PLACEMENT.
Mrs. Gilligan commented that the purpose of the subject request was an effort to satisfy
Council's concern that the artwork was not diminished in trying to secure it to the beam.
She stated Mr. Conlon had been of great assistance in getting the design for a bracket, it
had been fabricated; now the lighting needed to be installed, which entailed more
construction in the framework where the 16 fixtures would be hung.
In response to inquiry about the issue of the piece's dead weight and the beam's structural
ability to bear a load of 1,200 pounds when the Chihuly piece was 1,000 pounds, with the
subject report asking for a design to carry 7,500 pounds, Mr. Conlon answered there was
a safety factor involved. He explained that the beam had a 5,500-pound capacity, a safety
factor of three was put on it, and the bracket was designed for 7,500 pounds (a very
conservative figure). He quickly pointed out that didn't mean the fixture was going to
weigh that much, but the beam with a safety factor of three had the ability to carry
1,833 pounds. He said based on Council's concern that the creative endeavors of the
Chihuly Studio were being restricted by limiting the size of the piece, an engineer
calculated the necessary information, and that which was recommended would provide
satisfactory performance up to 1,800 pounds. However, he said for safety reasons, the
bracket was designed for 7,500.
Responding to question about whether or not the desire for individual components of the
subject artwork to emulate desert life forms had been re-emphasized to the Chihuly Studio,
Mrs. Miller said it had been. She went on to say that the fabrication had not yet begun,
awaiting authorization of this expenditure of funds. She said the artist had definitely been
informed of the shapes wanted, the color palette, and she expected having a conservation
again Monday or Tuesday with his local project administrator.
Councilman Ferguson moved to, by Minute Motion: 1) Concur with the recommendation of the
Art In Public Places Commission and authorize the expenditure of said funds in an amount not to exceed
$30,000; 2) appropriate said amount from Unobligated Art In Public Places Funds. Motion was seconded
by Councilmember Benson and carried by unanimous vote.
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B. REQUEST FOR APPROVAL OF CONTRACT WITH DR. SUE TONKINS RELATIVE
TO IMPLEMENTATION OF THE POLICE ACTION COUNSELING TEAM (PACT)
WITH THE PALM DESERT POLICE DEPARTMENT (CONTRACT NO. C16740).
Mrs. Gilligan provided background information on the subject request, explaining that as
a result of consideration and meetings with appropriate City and Sheriff's Department
staff, it was recommended that the City Attorney draft an agreement between the City and
Dr. Tonkins. She stated that the draft agreement was received this morning and
distributed immediately, noting if Councilmembers had not been able to sufficiently review
it, the matter could be continued. However, she said services of clinicians had already
been engaged, three police officers had been trained, meaning Dr. Tonkins wanted to be
paid as soon as possible, but that couldn't occur without a contract.
Mayor Spiegel noted that he, Councilmember Benson, and Councilman Kelly attended the
first meeting, which received quite a turnout not only from the Police Department but from
various State and County agencies that were very complimentary of the program. Further,
he said they commended Palm Desert for again stepping forward as the Valley's lead city
in this regard.
Councilmember Benson added that all the juvenile authorities there also commented on the
amount of need there was for this type of program.
Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the contract as recommended
by the City Attorney and authorize the Mayor to execute same. Motion died for lack of a second.
Mr. Erwin stated the contract was very recent; preferably, it would have been with the
County. However, staff had attempted to ensure that Dr. Tonkins and her personnel were
covered under the County's indemnification as independent contractors to the City, with
the exception of Worker's Compensation which she was required to obtain. He said there
could be some minor modifications to the agreement, asking Council to approve it in
principle.
Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the PACT contract with
Dr. Sue Tonkins in principle, subject to the satisfaction of the City Attorney for minor modifications.
Motion was seconded by Councilman Ferguson.
Councilman Ferguson wanted to comment that he felt it was odd that Dr. Tonkins was
hired as an independent contractor, but now the City was paying for her $1 million
insurance coverage and Worker's Compensation in addition to her court appearance fees.
He believed a business would factor all those costs into its bid initially, as a true
independent contractor was responsible for those things. He favored the program
substantively and liked how it was moving forward; however, the contract read that the
City was paying all the contractor's expenses on top of the $78,500, which wasn't the
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original agreement. He wondered what the cost of that $1 million policy, Worker's
Compensation, and any extras associated with the contract would be.
Mr. Erwin said he would provide that information to the Council prior to the contract's
being signed.
Councilmember Benson explained that as it came out at the aforementioned meeting, there
was confusion about how the coverage would be handled; had Dr. Tonkins known, that
cost would have been in her proposal.
In response to further question, Mrs. Gilligan answered that in her tenure in Boston,
Dr. Tonkins operated under the auspices of the hospital with which she was associated,
worked with the police department, and everything was covered by those two agencies.
The motion carried by unanimous vote.
C. REQUEST FOR APPROVAL OF FINAL DRAFT OF BIGHORN MOUNTAINS
IMPLEMENTATION AGREEMENT REVISION REGARDING HILLSIDE TRACT
(CONTRACT NO. C16750).
Councilman Ferguson moved to, by Minute Motion, approve the subject agreement and authorize
the Mayor to execute same. Motion was seconded by Councilman Kelly and carried by unanimous vote.
X. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, noted the report she'd provided
in the Council agenda packets. In response to question, she said staff had talked
to Home Base about their plans and their location, which she would report on in
more detail during Closed Session.
2. Progress Report on Desert Willow Clubhouse Facility
Mr. Dave Yrigoyen, Redevelopment Agency Manager, stated the project was still
on track with the schedule provided at the October 14 meeting, with a January 7
opening date. He said installation of the glass was ahead of schedule. Responding
to inquiry, he said the carpeting was due to arrive in South Carolina tomorrow;
staff was tracking it, and receipt was anticipated on November 8.
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3. Update from Meetings with Desert Sands Unified School District
Mr. Diaz said he'd provided Councilmembers with a brief cover memo and
minutes of a meeting that was held, which resulted in direction for future plans.
He stated that things were being moved ahead as quickly as possible; dates in the
aforementioned report indicated when future meetings would be held with the
elected officials appointed to that committee who would be meeting with
representatives of the School District and its staff.
When asked if there was still active investigation of both an ingress and egress
from Cook Street, Mr. Diaz responded affirmatively. He added that staff was also
going to be working with residents on the Washington Charter School parking
situation; the District did not have a problem with that.
Mayor Spiegel said at a meeting he and Mrs. Gilligan attended yesterday with the
Superintendent, it was learned that the District was actively considering a charter
middle school on Country Club Drive instead of an elementary.
B. CITY MANAGER
1. Purchase of Computer Equipment for Desert Willow Restaurant Operation.
Mayor Spiegel noted that the subject request needed attention prior to Council's
next meeting on November 18.
Councilmember Benson moved to add the subject purchase consideration to this agenda. Motion
was seconded by Councilman Ferguson and carried by unanimous vote.
In response to question, Mr. Gibson affirmed the subject purchase was for all new
equipment. He further responded that in the past six weeks, Desert Willow had
requested the City's Manager of Information Systems, Doug VanGelder, assist in
reviewing software packages and conducting site visits. He said the problem
existed in the amount of time available for ordering equipment and installing it so
that staff could be adequately trained prior to the Clubhouse opening. He went on
to say that the bid for the Aloha product was disqualified since it did not include
all the specifications required. Further, he said Desert Willow staff preferred the
Squirrel product; it was inspected at LG's Steakhouse where it seemed to be a very
good system, approval was recommended.
Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the purchase of Squirrel
software and hardware for the Desert Willow Clubhouse restaurant operations in an amount not to exceed
$46,000. Motion was seconded by Councilman Kelly.
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In response to question, Mr. Gibson answered the price included hardware,
software, and all accessories for the complete system.
The motion carried by unanimous vote.
2. Redecoration of the Administrative Services Conference Room
Mayor Spiegel stated the aforementioned item needed to be added to this meeting's
agenda.
Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Ferguson, and unanimous
vote of the City Council, the subject request was added to the agenda.
Mrs. Gilligan stated that she and Councilmember Benson had been working on the
redecoration in order to expedite it during November and December, the slower
time for that facility; therefore, approval would allow for the ordering of materials
needed to complete the project prior to Council's next meeting. Color boards and
fabric swatches were displayed for Councilmembers, including a schematic of the
table arrangement, which Mrs. Gilligan described would be a solid cherry wood
table.
Councilmember Benson added it would be fabricated by the same contractor that
had done the CVAG Conference Room table. She said the subject configuration
was proposed because the existing was difficult to work around, screens being
moved, etc.
In response to comment, Mrs. Gilligan noted for the subject configuration, it had
been determined Council seating would be best accomplished by utilizing three
seats across the straight portion of the table at the front with one seat on each
adjoining angled portion of the table. Otherwise, she said a foot on each side of
the table would need to be added to accommodate the extra chairs, making it too
large for the room.
Mayor Spiegel commented that as he looked at the configuration and at its present
status, one of the main problems was the crowded situation at the table unless the
meeting was for a group that was less than capacity.
Councilmember Benson noted the new chairs would be smaller than the existing.
Further, she said some chairs were even eliminated.
When questioned whether the diagram was done to scale, Mrs. Gilligan responded
it was not. She went on to say that in meeting with Ms. Vuksic, the City was
guaranteed that there would be ample space; a couple of chairs were removed from
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the design for that reason. She said there also would be plenty of room to
maneuver in the audience area surrounding the conference table.
Councilman Kelly expressed his concern that the present situation was quite
uncomfortable without removing chairs from the table. Therefore, he wanted
assurance that there would be adequate space for comfort of all those seated at the
table.
Mrs. Gilligan assured Councilman Kelly that was taken into consideration, there
were presently way too many chairs at the table, and the new table would
accommodate space between each chair. Additionally, she felt it was important to
note that there would be a section of the table that would close the u-shape design
so that there would be extra seating at the end, if needed.
Mayor Pro-Tempore Crites questioned how the situation would be handled if there
was a meeting where overflow seating was needed in the Employees' Lounge area,
as had been done in the past for large audiences. If Councilmembers were seated
as shown presently, with their backs to that area, he was concerned about how
those audience members would be acknowledged. He wondered whether the
design could be turned around.
Mrs. Gilligan affirmed that the design could be turned around, facing exactly as
people were seated there presently, towards the Employees' Lounge. She said
Ms. Vuksic would be directed to make that change.
Councilmember Benson cautioned that again placed people with their backs against
the display area, the television, screen, and grease boards. She offered that maybe
it could be turned about to accommodate each situation.
Councilman Kelly asked for further assurance that the chairs proposed would not
come from the same manufacturer of those installed in the CVAG Conference
Room, which subsequently fell apart.
Mrs. Gilligan explained that was a specific condition of Ms. Vuksic's design
proposal, she was not to bring a CVAG chair; the proposed were of a much higher
quality.
Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Approve in concept the proposed
redecoration of the Administrative Services Conference Room presented by Leigh & Associates, subject
to resolution of the issues of spaciousness and arrangement; 2) appropriate an additional $35,000 to the
_ already -budgeted $30,000 from the New Construction Tax Fund, No. 231, for the project. Motion was
seconded by Councilman Ferguson and carried by unanimous vote.
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3. Tour of Oxnard Materials Recovery Facility
Mr. Diaz reported that a tour would be scheduled of the Oxnard MRF between
now and Council's next meeting. He said Councilman Kelly and Mayor Spiegel,
as the Council's subcommittee for reviewing solid waste issues, would be
participating. If anyone else wished to go, they should let him know.
C. CITY ATTORNEY
Mr. Erwin noted the items listed for Closed Session consideration at the appropriate time.
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. Mary English Lloyd and Juan M. Armenta,
Riverside County Superior Court Case No. INC 006499
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
D. CITY CLERK
1. Report on the First Year of Operation at the Palm Desert Visitor Information
Center.
Mrs. Gilligan noted the report, which had been presented to the Promotion
Committee at its last meeting, contained within Council agenda packets. She said
it was viewed as a great success after the first year of operation; the City assumed
operation of the Visitor Information Center in October 1998. Further, she noted
that new fall merchandise was arriving daily, last year's items were nearly sold out.
Mayor Spiegel commented he felt the City had made an outstanding effort, taking
over a mediocre operation and making it a high-class operation of which the City
could be proud. He commended VIC Coordinator Donna Gomez for her work in
accomplishing that task.
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Mrs. Gilligan added that the pictorial mural of Desert Willow in the Center now
benefitted from track lighting, making for a dynamic nighttime effect.
2. Reminder of Study Session to Review the Civic Center Park Interpretative Signage
Program -- Friday, October 29, 1999, 8:00 a.m.
Mayor Spiegel noted for his colleagues reminder of the Study Session scheduled for
tomorrow morning at 8:00 a.m.
3. Community Arts Manager
Mrs. Gilligan commended Community Arts Manager Carolyn Miller for her many
hours of work in making the 2000 El Paseo Exhibition (currently being installed)
happen. She went on to say great comments were already being received, including
letters commending the City for its choice of Mrs. Miller for the position.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Coordinated Hours of Operation for the Multi -Agency Library
(Mayor Robert A. Spiegel).
Responding to question, Mrs. Gilligan said she'd left a message for City
Librarian Beth Ziegler but had not yet heard back.
Mayor Spiegel said he'd asked how many people with a Palm Desert Library
card utilized the College side, and how many from the College side used the
City Library, acknowledging that perhaps it was less of an issue than he
perceived. He preferred that the College side not be closed for a month over
the holidays, making the Palm Desert Library only three fourths complete with
the non -duplication of resources at the Multi -Agency Library.
When asked whether Dr. Kroonen had been involved, Councilman Ferguson
said he and Mayor Pro-Tempore Crites had recently taken a tour of College of
the Desert (COD) with Dr. Kroonen. He said they asked for his thoughts on
the Library, and Dr. Kroonen suggested that the City's qualified Librarian be
solicited for input and the advice be followed.
Mayor Pro-Tempore Crites said that additionally, it was recommended that
Mr. Gary Christmas, Riverside County Librarian, and the College Librarian
needed to get together to formulate a joint recommendation, including costs,
with both of their signatures.
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Councilman Ferguson said he didn't interpret the conversation that way, noting
that when asked what the College Librarian would say, Dr. Kroonen felt the
answer would be to stay closed. Therefore, Councilman Ferguson felt the
City's Librarian should be asked the same question.
Councilmember Benson stated the costs had already been calculated by LSSI
and forwarded to the City.
Mayor Spiegel reiterated his personal opposition to the College portion of the
Library being closed for a month between semesters. He believed that what the
City had done, expanding hours to seven days a week, was a step in the right
direction. He didn't think it was necessary yet to recommend that the same
hours for both the City and College be followed, noting that the College side
was already open Monday through Thursday, 8:00 a.m. to 9:00 p.m., Friday
8:00 a.m. to 5:00 p.m., closed Saturday and Sunday. The City side was open
seven days a week, three of them into the evening. It was the extended period
of closure by the College Library that concerned him if it posed a problem for
City cardholders using that portion.
Councilman Kelly commented that had the City's Library been built in an
entirely different location, stand-alone, this problem wouldn't even be
considered.
Mayor Spiegel countered that there were certain resources not carried by the
City Library currently because of the arrangement; those items would be
carried if the City's facility was stand-alone. For example, he said the
Business Reference Center, particularly important to the City's small
businesses, was only on the College side.
Councilman Kelly suggested relocating those particular resources into an area
where they could be jointly used without a problem.
With Council concurrence, Mayor Spiegel was appointed to work with the Director of
Community Affairs/City Clerk, City Manager, Riverside County Librarian Gary Christmas,
and the College Librarian to research the issue and return with an appropriate
recommendation.
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2. Construction Signage (Mayor Pro-Tempore Buford A. Crites).
Mayor Pro-Tempore Crites suggested removal of excess advertising in the form
of signage that announced certain City construction projects. Council
concurred.
Mr. Folkers said removal would begin immediately tomorrow.
3. CVAG Executive Committee - 2000 Census Outreach
(Mayor Robert A. Spiegel).
Mayor Spiegel said at the recent CVAG Executive Committee meeting, there
was much discussion about the upcoming census early next year. He said in
the past, the Valley had not always received a good count, asking his
colleagues to add to the agenda consideration of an action in this regard.
Councilman Kelly moved to add consideration of the CVAG 2000 Census Outreach to this agenda.
Motion was seconded by Councilman Ferguson and carried by unanimous vote.
Mayor Spiegel stated that CVAG asked each jurisdiction to contribute $5,000
towards a census outreach program.
Mayor Pro-Tempore Crites moved to, by Minute Motion, approve a $5,000 contribution to the
CVAG 2000 Census Outreach. Motion was seconded by Councilman Kelly.
Responding to inquiry, Mayor Spiegel answered the contribution was to hire
a contract employee to perform community outreach education and complete
count marketing activities. He said the term of the contract would be six to
seven months, with three members of CVAG's Technical Advisory Committee
volunteering to serve as the selection committee. He went on to say the person
would work with the Census Bureau, would have an office at CVAG, would
work with all CVAG jurisdictions, the County Executive Offices, and the
Complete Count Coordinator who had already been hired by WRCOG.
Councilman Kelly noted the emphasis on the program was that there was a lot
of money riding on an accurate count, and everyone in the State of California
was making an all-out effort to ensure same. Therefore, if CVAG didn't make
an effort to participate, its fair share might go elsewhere.
Further responding, Mayor Spiegel said each jurisdiction was asked for $5,000,
the Indians were contributing $2,000, since theirs was not as great a
population.
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The motion carried by unanimous vote.
o City Council Committee Reports.
1. MetroLink (Councilman Richard S. Kelly).
Councilman Kelly displayed for his colleagues a picture of a new bus that
would commence runs in January from near Thousand Palms to the Riverside
MetroLink and downtown to connecting service. He said eventually, it was
hoped there would be a park and ride facility with one stop made between the
Coachella Valley and the MetroLink station, potentially in Beaumont. Further,
he said the bus would be similar to a train car with tables, computer
connections, restroom facilities, etc.
In response to question, Councilman Kelly said the bus wasn't natural gas,
which led him to a related item. He said there was a movement afoot in
western Riverside County for the RTA to be fuel neutral, meaning it would go
with what was known as "clean diesel." He said with all the efforts made by
the Coachella Valley to clean up its air, when it was air fouled on the western
side of the County that ended up in the Valley, he hoped SCAQMD and
Supervisor Wilson would be able to successfully object to RTA's policy. He
didn't feel it was much of a good faith effort on RTA's part.
2. Shuttle Service Between Hotels and Palm Desert Retail
(Councilman Richard S. Kelly).
Councilman Kelly reported he was compiling a list of specialty vehicle
manufacturers in order to produce a request for proposals for an alternative fuel
vehicle for the subject shuttle.
3. Solid Waste Disposal Franchise Process (Councilman Richard S. Kelly).
Councilman Kelly said he'd spoken with Dick Cromwell about the availability
of natural gas vehicles for the upcoming request for proposals for the City's
trash franchise. Mr. Cromwell said he'd provide the list and also suggestions
for handling bidders that had no access to such facilities.
4. Library Zone Committee (Councilmember Jean M. Benson).
Councilmember Benson said she had something else good to share with regard
to SunLine. At the recent Library Zone meeting, Gary Christmas reported on
the Book Mobile that would be traveling the County area; it was an old
SunLine bus renovated to be a state-of-the-art library, including television
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stations. She went on to say other areas that provided Book Mobiles were
looking at it to see what could be done with buses; it was hoped that the unit
would be done by November 13 for display during the State Library
Commission meeting in the Valley through the 16th. Further, she said it had
been suggested that applications for grants from the Bill Gates Foundation be
made, even obtaining another bus so that instead of having computers in a
central Valley location, they could be installed on a bus and taken to various
locations where residents could best utilize them.
5. Washington Street Construction (Councilmember Jean M. Benson).
Councilmember Benson reported today she and Mayor Pro-Tempore Crites
went out to inspect Delaware Place and how the work on Washington Street
was impacting the preschool located there. She said the traffic problems were
horrendous, and something needed to be done to relieve the burden during
construction. Currently, it was nearly impossible for parents to get in and out
of the facility.
Responding to question whether the other agencies had cooperated with
proposed live traffic control, Mr. Folkers said the issue was discussed with
Riverside County, which indicated it would comply as much as possible with
Council's request. He added that City staff would be watching, as well.
Mayor Pro-Tempore Crites noted that apparently, according to the school
director, there was a Sheriff's deputy who sat in his car on the small piece of
Delaware off of Washington, which wasn't of much value for live traffic
control. He hoped that the City Manager would have the project's lead person
visit with the school about the problems they're experiencing before the end of
the day tomorrow. He said just as with many construction projects, certain
issues were the ones that drove the project's direction-- at 8:00 a.m. the whole
access was blocked off, parents couldn't get in, it's better at 9:30, but that's
after parents drop off the kids. The director stated that no one from the
company in charge of the project had ever come by to visit with them.
Councilman Kelly asked that the Sheriffs Department be included in that
meeting.
Mr. Diaz stated that the Sheriff's Department was in the vicinity, checking to
see if a traffic control officer in that location would alleviate the problems. He
said Delaware and another street were gated off as a result of complaints
received from residents, citing the subject school as part of the reason for
requesting closure. Further, he said the Project Area No. 4 Committee would
be reviewing that situation, as well as Mountain View, during its next meeting.
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Mr. Diaz said he would try to have someone from the County and from the
Sheriff's Department in attendance. He explained that the one accident, which
occurred yesterday, was a rear -end incident because someone was turning in
the turning lane, and the other person wasn't paying attention. He said City
personnel were trying to relieve the problem.
In response to Mr. Diaz, Mayor Pro-Tempore Crites said how the situation was
being handled currently was without any sensitivity to traffic patterns at certain
times of the day, acknowledging that construction companies wouldn't care
unless someone actually complained.
Councilmember Benson added that it was only a temporary situation until
Washington Street was completed, opening the street permanently wasn't being
requested. She went on to say that someone from City Hall had told the
director that there would be a meeting on November 15 to vote whether
Mountain View and Delaware would both be reopened, which had nothing to
do with a solution for the facility.
Mr. Diaz said a Community Service Officer would be placed in that location
during the hours the school believed necessary, and a resolution for the issue
was anticipated as a result of the upcoming meeting.
6. Technology Committee Meeting (Councilman Jim Ferguson).
Councilman Ferguson reported Mayor Spiegel and he were asked at the
Technology Committee Meeting earlier this week whether the Council was
interested in televising its meetings; he didn't think it was. If anyone was
interested, they should let he or Mayor Spiegel know so they could pass along
the information; otherwise, they would assume there was no interest at this
time.
Mayor Spiegel said they had, however, told the group that they would again
solicit interest by way of an announcement in an upcoming City newsletter.
Councilman Ferguson said he was unsure how the topic was brought up;
however, Ray Janes reported that a survey was conducted in 1992 with only
seven responses in favor.
Mayor Spiegel said one of the comments that made sense to him was putting
City Council Meeting minutes on the City's web site to make the discussion
and resulting actions readily accessible to citizens. Council concurred.
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In response to comment, Councilman Ferguson said the aforementioned survey
was rather broad. However, he felt the observation had been made that most
residents had better things to do than watch the meetings, but they might enjoy
the ability to listen to a portion of or look at the minutes of the meetings.
7. Signage on El Paseo (Councilman Jim Ferguson).
Councilman Ferguson said that at a breakfast meeting with president of the
College and the Mayor Pro-Tempore, he noticed an official -looking sign
stenciled on the curb that read, "No sleeping on sidewalks," in front of Le Peep
on El Paseo. He suspected it was the same person who had done the "No
graffiti" inscriptions that also looked official. However, in looking into it, he
found there were "no sleeping" signs up and down El Paseo; whatever problem
was possibly being experienced with people sleeping there was being amplified
exponentially by those signs. Since they were not City signs that were
masquerading as a City ordinance, he asked that they be removed immediately.
In response to question whether such an ordinance existed, Mr. Erwin
responded there was no ordinance prohibiting that activity.
With Council concurrence, Mayor Spiegel requested that staff attend to the matter as quickly
as possible.
8. Shelter From theStorm Transitional Housing (Mayor Robert A. Spiegel).
Mayor Spiegel expressed his appreciation to his colleagues, Supervisor Wilson,
and Congresswoman Bono for their efforts on behalf of the transitional housing
funding. He said its approval would provide a wonderful haven for battered
women and their families.
XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF CERTIFICATES RECOGNIZING PARTICIPANTS IN THE
ANNUAL MINI MUSTER FOR PALM DESERT THIRD GRADE STUDENTS.
On behalf of the City Council, Mayor Spiegel presented certificates of recognition to those
third grade students whose artwork best depicted the 1999 Mini Muster: Megan Laddusaw,
Gerald Ford Elementary School; Stephanie Sperling, George Washington Charter School;
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1999
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Travis Cuprzinski, Abraham Lincoln Elementary School; Ashley Yglesias, James Carter
Elementary School.
Mr. Dan and Mrs. B.J. Callahan, on behalf of the Palm Desert Historical Society and as key
organizers of the annual Mini Muster, also recognized the aforementioned students, their
principals and teachers, and Desert Sands Unified School District with certificates for their
part in the event, respectively: Mr. Kim McLaughlin and Ms. Kim Cosgrove of Gerald Ford
School; Mr. Allan Lehmann and Ms. Nobie Nishikawa of George Washington School;
Ms. Jackie Colarusso and Mr. Bruce Norman of Abraham Lincoln School; Ms. Rita Zwissler
and Mrs. Bradford of James Carter School. Mr. and Mrs. Callahan then presented certificates
of appreciation to the City and its staff members, Chief Lake of the Riverside County Fire
Department and the California Department of Forestry and Fire Protection,
Battalion Chief John Rios, Captain and personnel of Station 33, Bob Thomas, Carter
Elementary School parent and proprietor of the Beer Hunter who provided box lunches each
day of the event for all those facilitating it, and McDonald's for providing drinks for all the
participants. Mr. Callahan extended special thanks to Ms. Jan Hollman, consultant for this
year's program, and to the driving force behind it, his wife B.J. Additionally, he recognized
committee members from the Historical Society, many in attendance, whose efforts were
invaluable.
Mayor Spiegel expressed the City's appreciation for all those who this and every year made
the event so successful.
Additionally, Mr. Callahan conveyed his thanks to the Council for the striking display of
American flags on El Paseo.
Mayor Spiegel explained that Councilman Kelly was to be credited for the idea that Council
then approved and saw to being carried out.
B. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF
NOVEMBER 6 - 13, 1999, AS ALZHEIMER'S DISEASE AWARENESS WEEK IN THE
CITY OF PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented the framed proclamation to
Ms. Zelma Anderson of the Alzheimer's Association. Ms. Anderson expressed hers and the
Association's appreciation for the recognition, accepting the proclamation on behalf of its
Director of Desert Operations, Ms. Paula Padelford, who Ms. Anderson felt was a
tremendously wonderful leader.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 1999
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C. PRESENTATION TO PHILIP SLADICK IN RECOGNITION OF HIS SERVICE TO THE
CITY OF PALM DESERT AND ITS HOUSING COMMISSION.
With Council concurrence, this presentation was continued to the Council's Adjourned
Meeting of November 18, 1999.
D. PRESENTATION OF 1999 MILLION DOLLAR DAYS PASSPORT TO SAVINGS
GRAND PRIZE.
With Council concurrence, this presentation was continued to the Council's Adjourned
Meeting of November 18, 1999.
E. APPOINTMENT OF CITY COUNCILMEMBER TO SERVE AS THE CITY'S
REPRESENTATIVE TO THE GOVERNING BOARD OF THE COACHELLA VALLEY
MOUNTAINS CONSERVANCY.
Councilmember Benson resigned her appointment, made July 8, 1999, as the City's
representative to the Coachella Valley Mountains Conservancy.
Councilman Ferguson moved to, by Minute Motion, reappoint Mayor Pro-Tempore Buford A.
Crites to the Coachella Valley Mountains Conservancy Governing Board as the representative for the
City of Palm Desert. Motion was seconded by Mayor Spiegel and carried by unanimous vote.
XIII. PUBLIC HEARINGS
None
XIV. ORAL COMMUNICATIONS
None
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XV. ADJOURNMENT
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 at 5:48 p.m. He reconvened
the meeting at 6:46 p.m. and immediately adjourned with no action announced from Closed Session.
ATTEST:
SHEILAI-PfILLIG 1 , ITY CLERK
CITY OF PALM DE. ' T, CALIFORNIA
ROBERT A. SPIEGEL,
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