HomeMy WebLinkAbout1999-09-23MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 23, 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.
John M. Wohlmuth, ACM/Director of Administrative Services
David J. Erwin, City Attorney
Richard J. Folkers, ACM/Director of Public Works
Patrick Conlon, Director of Building and Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
David Yrigoyen, Redevelopment Agency 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 September 9, 1999.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 15, 16,
and 16PD Office Complex.
Rec: Approve as presented.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Michael S. Alcantar for
Taqueria El Charro, 73-850 Highway 111, Suite G, Palm Desert.
Rec: Receive and file.
D. MINUTES of City Committee and Commission Meetings.
1. Golf Course Committee Meeting of July 15, 1999.
2. Housing Commission Meeting of August 11, 1999.
Rec: Receive and file.
E. RESOLUTION NO. 99-87 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that Have Been Microfilmed (July 1999).
Rec: Waive further reading and adopt.
F. RESOLUTION NO. 99-88 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that Have Been Microfilmed (August 1999).
Rec: Waive further reading and adopt.
G. REQUEST FOR AWARD OF BID to Purchase Two Dedicated Natural Gas Pick-up
Trucks.
Rec: By Minute Motion: 1) Award the subject bid to Fritts Ford, Riverside, California,
in the amount of $42,895.34; 2) approve the purchase of two mobile two-way
radios for the vehicles in the amount of $1,358; 3) appropriate $44,253.34 from
the Unobligated General Fund Reserve for the purchase of equipment.
H. REQUEST FOR AUTHORIZATION for Cleaning of Civic Center Heating, Ventilation,
and Air Conditioning Ducts.
Rec: By Minute Motion, authorize staff to solicit proposals for cleaning the subject
ductwork throughout the Civic Center.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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I. REQUEST FOR APPROVAL of Proposal for Dug -Out Shading for Legends Field at the
Civic Center Park.
Rec: By Minute Motion: 1) Approve the proposal . by Shade Structures, Irvine,
California, to provide dug -out shading for Legends Field in the amount of
$19,950; 2) appropriate said funds for the purchase and installation from Parks and
Recreation Fund No. 430.
J. RFQ TEST FOR APP_RQ AT. of Amended Contract with Diehl, Evans & Company,
LLP/Oscar G. Armijo, CPA, a Joint Venture, for Audit Services for the Desert Willow
Golf Resort and Palm Desert Recreation Facilities Corporation for the Fiscal Year Ended
June 30, 1999 (Contract No. C14771).
Rec: By Minute Motion, approve the subject amended contract and authorize the Mayor
to execute same.
K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C12992 with
Valley Gardening Service for Additional Landscape Maintenance Services.
Rec: By Minute Motion, approve Change Order No. 1 to the subject contract in the
amount of $1,030 for landscape maintenance associated with the La Paloma II
subdivision and the City's Consolidated Landscape and Lighting Assessment
District.
L.
REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C15960-A with
Dateland Construction Company, Inc. for Construction of Additional Parking at the Palm
Desert Soccer Park.
Rec: By Minute Motion, approve Change Order No. 1 to the subject contract in the
amount of $12,000 for the installation of tubular steel fencing.
M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16330 with
Cooley Construction for Improvements to the Intersection of Phyllis Jackson Lane and
Fred Waring Drive (Project No. 670-99).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract in the
amount of $600 for reconstruction of the manhole on Phyllis Jackson Lane;
2) authorize the transfer of said amount from contingency to the base contract
amount.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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N. REQUEST FOR APP_RfaAI, of Parcel Map 29068-1 (Select Properties, LLC,
Applicant).
Rec: 1) Waive further reading and adopt Resolution No. 99-89, approving the
subject parcel map.
2) By Minute Motion, approve a request for credit of traffic signal mitigation
fees against the actual traffic signal construction cost for Parcel Map 29068.
O. REQUEST FOR APPROVAL of VIP Reception Cosponsorship with Time Warner Cable
for Holocaust Survivors Documentary Preview.
Rec: By Minute Motion, concur with the recommendation of the Civic Arts Committee
and approve the subject cosponsorship of a reception scheduled for Monday,
November 1, 1999, including: 1) Expenditure of funds in the amount of $1,500
from Civic Arts Committee Account No. 110-4418-414-2190; 2) use of the Civic
Center Council Chamber; 3) publicity assistance from the City's advertising agency
for same.
P. LETTER OF RESIGNATION from Philip Sladick from the Housing Commission.
Rec: Receive with very sincere regret.
Q. REQUEST FOR APPROVAL of Amended City of Palm Desert Statement of Investment
Policy for the Year 2000.
Rec: By Minute Motion, approve the proposed revisions to the City's Statement of
Investment Policy for the Year 2000.
R. REQUEST FOR APPROVAL of New Broker -Dealers Pursuant to the City of Palm Desert
Statement of Investment Policy.
Rec: By Minute Motion, approve Lehman Brothers, Chase Securities, and
Zions Bancorporation as broker -dealers for the City of Palm Desert.
S. REQUEST FOR APPROVAL of Disbursement of Art In Public Places Funds for Tucson
Homes Artwork.
Rec: By Minute Motion, concur with the recommendation of the Art In Public Places
Commission and approve disbursement of $11,500 of the AIPP funds paid by the
Lance Alacano/Tucson Homes project to the artist of the Levi Man sculpture,
John Richen.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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T. REOJTEST FOR AUTHORIZATION to Expend Department of Justice Local Law
Enforcement Block Grant 1999 Funds.
Rec: By Minute Motion, approve the request as recommended by the Public Safety
Commission and authorize payment of $4,771 from the Police Contingency Fund
of the FY 1999/2000 budget as the City's 10% contribution to this grant.
U. REQUEST FOR AWARD OF CONTRACT for Tenant Improvements for the Civic Center
East Wing Remodel (Contract No C15420).
Rec: By Minute Motion, award contract for the subject project to the lowest responsible
bidder, Gamut Construction, Claremont, California, and appropriate $257,302
from Fund No. 231 (Construction Tax).
V. REQUEST FOR APPROVAL of Contract No. C16670 with Leigh Ann Vuksic, ASID,
for Redecoration of the Civic Center Administrative Services Conference Room.
Rec: By Minute Motion, approve the subject contract in the amount of $4,500 plus a ten
percent (10%) contingency in the amount of $450, totaling $4,950, and authorize
the Mayor to execute same -- funds are available in the Construction Tax Fund
No. 231.
Upon a motion by Councilman Ferguson, second by Councilmember Benson, and unanimous vote
of the City Council, the Consent Calendar was approved as presented.
IV. CONSENT ITEMS HELD OVER
None
V. RESOLUTIONS
A. RESOLUTION NO. 99-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, REQUESTING THE RIVERSIDE COUNTY
AUDITOR TO ASSESS PROPERTY FOR COST OF NUISANCE ABATEMENT
PURSUANT TO SECTION 8.20.140 OF THE PALM DESERT MUNICIPAL CODE
(48-280 Prairie Drive, APN 631-052-020).
Mayor Pro-Tempore Crites moved to waive further reading and adopt Resolution No. 99-90.
Motion was seconded by Councilman Ferguson and carried by unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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VI. ORDINANCES
For Introduction:
None
For Adoption:
None
VH. NEW BUSINESS
A.
REQUEST FOR APPROVAL OF RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION GUIDELINES (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT
HOUSING AUTHORITY).
Member/Councilmember/Member Benson moved to: 1) Waive further reading and adopt City
Council Resolution No. 99-85, approving and adopting Relocation Assistance and Real Property
Acquisition Guidelines; 2) waive further reading and adopt City Council Resolution No. 99-86,
appointing members of the Relocation Appeals Board; 3) waive further reading and pass Ordinance No.
926 to second reading, designating the Relocation Appeals Board to hear appeals from determinations of
the City of Palm Desert and the Palm Desert Housing Authority; 4) waive further reading and adopt
Redevelopment Agency Resolution No. 380, approving and adopting Relocation Assistance and Real
Property Acquisition Method and Guidelines; 5) waive further reading and adopt Housing Authority
Resolution No. HA-8, approving and adopting Relocation Assistance and Real Property Acquisition
Guidelines. Motion was seconded by Member/Councilman/Member Ferguson and carried by unanimous
vote.
With Council concurrence, Item B was held until such time as Desert Sands Unified School
District representatives were present. Upon their arrival, later in the course of the meeting,
the following discussion occurred.
B. PRESENTATION BY DESERT SANDS UNIFIED SCHOOL DISTRICT RELATIVE TO
THE ESTABLISHMENT OF A COMMA ibE TO DEVELOP MASTER PLANS FOR
ITS FACILITIES AT PALM DESERT MIDDLE SCHOOL AND PALM DESERT HIGH
SCHOOL.
DR. DORIS WILSON, Superintendent of Desert Sands Unified School District (DSUSD),
introduced District officials and members of her staff that were present, Board Members
Tina Godecke, who had served as liaison to the City Council for the past two years, and
John Benoit, the newest Board Member and the one working on traffic concerns at Palm
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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Desert High School, Palm Desert High School Principal Pat Walsh, Palm Desert Middle
School Principal Chris Nugent, and Assistant Superintendent for Business Services
Charlene Timilione, who brought along two members of her staff. She reported that in
response to concerns for school safety and security, DSUSD had implemented a "Safe
Schools Hotline" at 771-8787, and she displayed posters and business -size cards
announcing its availability that would be placed in strategic access locations for students
and families. Secondly, she was pleased to announce the District's P.O.W.E.R.
(Possibilities Open When Everyone Reads) reading campaign, kicking off on Saturday,
September 25, in both the Indio and Palm Desert malls with numerous activities planned
to encourage the love of reading. She said the goal was for every DSUSD child to read
22 books by the campaign's close, May 22. She communicated appreciation to
Councilmembers for their past and continued participation in and attendance at various
District programs and functions. Lastly, she announced results of the Stanford IX Test
taken by grades 2-11 late in the last school term; students at both Palm Desert Middle
School (PDMS) and Palm Desert High School (PDHS) scored above the District's, the
County's, and the State's averages in all three areas of reading, language, and
mathematics.
MS. CHARLENE TIMILIONE, DSUSD Assistant Superintendent for Business Services,
continued the presentation. She said it was District's intent to ensure a learning
environment that was good, safe, and conducive to its educational programs. She
introduced her staff members, Director of Facilities Peggy Reyes and Project Manager
Julie O'Neil -Arthur, as well as Architect Roger Clark from Ruhnau Ruhnau Associates.
She then facilitated presentation of the current Master Plan Analysis for both PDMS and
PDHS, providing a handout of the information to Councilmembers which was received for
the record and placed on file in the City Clerk's office.
MS. JULIE O'NEIL-ARTHUR, DSUSD Project Manager, provided highlights of the
PDMS plan, beginning with Phase I, work done over the summer, including modification
of the lunch area so that it was larger and leveled off, and there was a 3,000 square foot
lunch shelter extension being installed; a three-foot masonry retaining wall had been
installed along the entire front of the school; and desert -theme landscaping had been done
in that area, as well. Further, Ms. O'Neil -Arthur said the east driveway had been .
relocated in order to make that access more aesthetically pleasant, resulting in an entirely
new look for the front of PDMS. Earlier in the year, she said additional parking was
constructed so that parents and staff could park on the school site instead of in the
residential area, and lighting was enhanced for College of the Desert's use of the facility
for evening classes. In addition, she stated a new school marquis was erected in front.
MS. O'NEIL-ARTHUR said future plans included consideration of a football field with
track, not rubberized but a standard middle school variety, marked around it which would
allow for an additional soccer field; the existing sand area had been fenced and would be
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available for a future ballfield. She went on to say another future phase item was a new
multi -purpose room with an interior gym, surrounded by the band room, stage area, and
some possible media rooms-- something staff members really hoped would become a
reality. With construction of the new multi -purpose room, she said the present multi-
purpose room area would be made available, possibly providing for an increase of four
classrooms, extension of the library, technology, and video production areas.
MS. TMLIONE added that per State policy, schools 25 years or older were eligible for
additional modernization funding; Palm Desert would meet that criteria in 2001.
Responding to question, Ms. O'Neil -Arthur said the new multi -purpose room would be
large enough to accommodate the entire PDMS enrollment, which was not the case
currently.
When asked about the existing lease between the City and the District at the location,
Ms. Timilione said her staff had been in contact with City staff about that issue, and
negotiations would resume in the near future, in advance of the lease's expiration at the
end of 1999. She said when discussions began last October, it was mutually decided that
the master plan needed to be formulated before any decisions about the property could be
made.
In response to question about the 25-year threshold mentioned previously, Ms. Timilione
answered that Proposition 1A, passage of the $9 billion bond, allowed for the State to put
in 80% and the District to contribute 20% of modernization funds. She said there were
restrictions; infrastructure needs had to be addressed first, as did Americans with
Disabilities Act compliance issues. She said it might also provide for creation of certain
technology labs, etc.; it would not allow for the proposed multi -purpose room, as that
would be new construction, and other funding would have to be secured by the District for
that purpose. She said it was estimated that plans for the multi -purpose room and
surrounding area amounted to a $2 million project; State modernization funds available
were calculated at $3.4 million, and funding applications had been submitted for facilities
throughout the District. She said Washington and Lincoln Schools should receive an
estimated $1.5 million each in the next year or two.
Regarding growth projections for PDMS through 2004/05 (1,480 students) and whether
the renovation plans presented would accommodate same, Ms. Reyes responded that the
District would be opening a new middle school, Dune Palms Middle School, to be located
at Dune Palms and Miles in La Quinta, which would offset some of the enrollment from
Palm Desert. She added the figures presented here reflected all the children within current
PDMS boundaries; but after the new middle school was opened, a District -wide boundary
shift was anticipated.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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MS. TIMILIONE reiterated that once the new PDMS multi -purpose room was built, new
classrooms would be added in the area of the existing multi -purpose area; it was felt those
changes would support the projected growth. She said the new Dune Palms facility would
include an elementary and a middle school, the elementary was scheduled to be open in
January 2001, and the middle school in September 2001.
MS. TEMILIONE then explained that the District felt it was imperative to create a vision
for PDHS. She said the community's concerns were understood, and DSUSD wanted to
form a committee, consisting of community members, City Councilmembers, Board
Members, parents, and District staff, to address those issues, provide that vision and a plan
for delivering the educational program in a quality school environment. She said it was
hoped that components of community accessibility, traffic issues, and aesthetic concerns
could all be considered by accomplishing the committee's formation quickly in order to
develop such a master plan. She said John and Harriet Perry had been selected to facilitate
the process; they were already excellent facilitators for the District's Educational
Specifications Committee and were expected to achieve the same superior results in this
assignment, which she hoped would begin in October or November. She said that once
the vision was built, the method of accomplishing it could be determined-- whether in
phases or all at once, possibly with the District's passage of a general obligation bond --
but it was important to make PDHS educationally and aesthetically pleasing to the
community. She asked Councilmembers to provide her with names of potential committee
members, the District's Board would do the same, and a calendar of meetings would be
scheduled.
MS. TINA GODECKE, DSUSD Board of Education Member, thanked Councilmembers
for their interest and participation in numerous Palm Desert school functions, adding that
the students, parents, and the community appreciated the attention given to those facilities
and to the City. She was excited about the preliminary plans for PDMS and, on behalf
of the Board, she said they looked forward to cooperatively working on the PDHS master
plan with a similar outcome. She said due to some tight scheduling, with the District's
"Back To School Night" planned for this evening, she was sorry more parents weren't in
attendance at this meeting to hear what was presented.
Mayor Spiegel offered that an article could appear in the City's monthly Bright Side
newsletter to provide information to the community, especially parents of Palm Desert
schoolchildren, about the plans and the need for citizen member participation in the new
committee.
MS. TIIVI1LIONE commented that a project already scheduled for PDHS this year was the
installation of carpet at an estimated cost of $266,000. She said if there were any
questions about the committee, the plans being made, or anything else, she could be
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reached at 771-8508. She also thanked Councilmembers for the opportunity to make a
presentation at this meeting.
Mayor Pro-Tempore Crites said it had been a treat to have District officials and staff
participate in the Council meeting, and he looked forward to continuing the cooperative
relationship being forged between the two agencies, resulting in benefits to be realized by
students for many years to come.
C. REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR
REIMBURSEMENT OF AUTHORIZED EXPENDITURES FOR CMAQ, TEA21, AND
PM10 PROJECTS (CONTRACT NO. C16640).
Councilman Kelly moved to, by Minute Motion, approve the subject Memorandum of
Understanding and authorize the Mayor to execute same. Motion was seconded by
Councilmember Benson and carried by unanimous vote.
D. REQUEST FOR APPROVAL OF STREET SWEEPING CONTRACT WITH SUNLINE
SERVICES GROUP (CONTRACT NO C16650).
Councilman Kelly moved to, by Minute Motion, approve the subject contract with SunLine
Services Group and authorize the Mayor to execute same. Motion was seconded by
Mayor Pro-Tempore Crites and carried by unanimous vote.
E.
REQUEST FOR APPROVAL OF AN AGREEMENT FOR JOINT PARTICIPATION
WITH THE COUNTY OF RIVERSIDE FOR IMPROVING A PORTION OF
WASHINGTON STREET (CONTRACT NO C16660).
Mr. Folkers noted that it was anticipated the subject improvement project would be
completed by January, explaining it was intended that the work would be done outside the
existing street to minimize disruption.
Councilman Kelly moved to, by Minute Motion, approve the subject agreement, as prepared by
the Riverside County Transportation Department, and authorize the Mayor to execute same. Motion was
seconded by Mayor Spiegel and carried by unanimous vote.
F. CONSIDERATION OF AMENDED PALM DESERT RESIDENT CARD POLICY FOR
THE DESERT WILLOW GOLF RESORT.
Responding to question about how Coachella Valley Recreation & Park District
(CVR&PD) would be able to verify Palm Desert addresses from the California Driver's
Licenses (CDL) (e.g. Palm Desert Greens addresses), Mr. Wohlmuth said for the past two
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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years, CVR&PD had been provided with a zoning map and complete information on all
Palm Desert streets, including the breakdown of addresses for same. He went on to note
that Sun City Palm Desert residents also had a Palm Desert denotation on their CDL's;
however, they were not Palm Desert addresses and would be ineligible for Resident Cards.
Councilman Kelly said staff who had been primarily dealing with the problems associated
with the current policy were the ones recommending the subject amendment; therefore,
it merited approval.
Councilman Kelly moved to, by Minute Motion, approve the amended resident card policy, as
recommended by the Golf Course Committee, and authorize staff to notify Palm Desert residents of the
amendment, as outlined in the accompanying staff report. Motion was seconded by
Mayor Pro-Tempore Crites.
In response to question about non-residents utilizing residents' addresses for the purpose
of obtaining a CDL, Mr. Wohlmuth said that the amended policy also required
presentation of one utility bill in addition to the CDL, primarily because renters often
rented for a specific period of time but didn't always change their CDL's. While he
acknowledged the subject amendment may also have certain loopholes, staff believed there
were less in the proposed than in the current.
Mayor Pro-Tempore Crites noticed in the review of other golf courses, Palm Springs
provided residents the option of producing CDL or voter registration for the City of Palm
Springs, and he asked what Palm Desert offered as an option to the CDL. Mr. Wohlmuth
responded it was the California identification card, which could also be obtained through
the Department of Motor Vehicles for residents who were not drivers but needed photo
identification; however, very few Palm Desert residents carried one. He went on to
explain that early on in the Resident Card Policy process, voter registration cards were
discussed. Mayor Pro-Tempore Crites believed the option of the California identification
card to the California Driver's License should be specified in the policy.
Councilman Kelly didn't believe the voter registration information was adequate; he felt
many citizens failed to re -register after relocating. He regarded the CDL as a better
regulated form of residence proof.
The motion carried by unanimous vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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G. CONSIDERATION OF SUPPORT FOR THE FEDERAL LAND AND WATER
CONSERVATION FUND AND THE URBAN PARK AND RECREATION RECOVERY
PROGRAM.
Mayor Pro-Tempore Crites moved to, by Minute Motion, concur with the recommendation of the
Legislative Committee and direct the Mayor to send a letter of support for the subject funds to
Congresswoman Mary Bono and Senators Feinstein and Boxer. Motion was seconded by
Councilmember Benson and carried by 4-0 vote with Councilman Ferguson ABSENT.
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, and September 9, 1999).
Mr. Erwin apologized for the lateness in providing the revised draft ordinances, which
resulted from the discussion of a Council subcommittee and staff members in an attempt
to consider all the suggestions made. Therefore, he proposed that the Council would want
additional time to review the most recent drafts.
Responding to question, Councilman Ferguson reported the subcommittee, including he
and Councilmember Benson as Council liaisons, had a fairly complex discussion about
working with bidders who weren't deemed the lowest. He said the group had a rather
fruitful debate over whether the lowest responsible bidder was a wise criteria; as a rule of
thumb, it made sense, but perhaps it was unwise to legally bind the City on that basis. He
had hoped for some further debate about the issue at the Council level; however, in light
of the information's just being received, perhaps it would have been better to provide his
colleagues with a summary of the subcommittee's discussion as it related to the newly
drafted ordinances. Mr. Erwin stated he could provide such a summary.
Councilman Ferguson moved to, by Minute Motion, continue consideration of the public contract
code policy and amendment to the purchasing policy matter to the meeting of October 14, 1999. Motion
was seconded by Councilman Kelly and carried by unanimous vote.
B. CONSIDERATION OF SPEED LIMITS ON VARIOUS BUSINESS AND
RESIDENTIAL STREETS (Continued from the meeting of August 26, 1999).
Mayor Pro-Tempore Crites moved to, by Minute Motion, refer the matter to the Technical Traffic
Committee and the Public Safety Commission for consideration. Motion was seconded by
Councilman Kelly and carried by unanimous vote.
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IX. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR THE WIDENING OF NORTHBOUND
MONTEREY AVENUE FROM HIGHWAY 111 TO SAN GORGONIO WAY
(CONTRACT NO. C16060, PROJECT NO. 672-98).
Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Award the subject contract to
Dateland Construction Company, Inc., Coachella, California, in the amount of $136,075 plus a ten
percent (10%) contingency in the amount of $13,607.50, totaling $149,682.50; 2) authorize the Mayor
to execute same. Motion was seconded by Councilman Kelly and carried by unanimous vote.
B. REQUEST FOR AWARD OF CONTRACT FOR THE WIDENING OF PORTOLA
AVENUE AT EL CORTEZ WAY AND SAN PABLO AVENUE AT ROYAL PALM
DRIVE (CONTRACT NO. C16300, PROJECT NO. 639-99).
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Contreras
Construction Company, Indio, California, in the amount of $52,345 plus a ten percent (10%) contingency
in the amount of $5,234.50, totaling $57,579.50; 2) authorize the Mayor to execute same. Motion was
seconded by Mayor Pro-Tempore Crites and carried by unanimous vote.
X. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS-
1. Progress Report on Retail Center Vacancies
a) Westfield Shoppingtown Palm Desert
Mr. Drell said he was encouraged after last Friday's meeting with
Westfield officials and learning of their ideas for remodeling the property,
explaining that Westfield was at the forefront of such endeavors. Further,
he explained that their plans for redesigning the theater component would
involve a single story building, consistent with the mall's existing height,
and would only be accessible by way of the mall (no exterior access).
b) Club 74/St. John
Mr. Drell reported Club 74 had closed. However, he was pleased to
announce that St. John Knits would be expanding its presence to take over
that entire building, noting it was one of St. John's largest, free-standing
stores.
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c) Ice Skating Rink
Mr. Drell went on to report that intense discussions had occurred with
developers of an ice rink, regarding their construction of the rink and its
potential as the anchor of a sports/entertainment complex. He said they
were vigorously pursuing the project with a goal of submitting an
application to the City within the next week or two, being considered by the
Planning Commission and City Council in November, and hoping to begin
construction by year end.
2, Progress Report on Desert Willow Clubhouse Facility
Mr. Allan Levin of Allan Levin Associates, contract construction manager,
provided an updated construction schedule handout to Councilmembers, noting it
showed an opening date of December 27. He said there was no damage nor delay
experienced from yesterday's rain. He went on to say construction was
progressing well; roof tile was being loaded, and a roof inspection was scheduled
for the next day or two which would be followed by interior installation.
In response to question, Mr. Levin said the contractor was currently looking into
air freighting the carpet from England, and he would be following up on that
possibility.
3. Report on Prioritized Locations for 1999-2000 Sidewalk Construction
Mr. Folkers stated the report contained within Council's agenda packets was a
preliminary schedule; it did not include square footage nor actual costs-- staff was
still compiling that information. However, these were the locations deemed
priority for such work, and if Council concurred that they were appropriate, staff
would return to Council with cost breakdowns, design, and engineering, followed
by a request to solicit bids.
With Council concurrence, staff was directed to proceed as outlined in the aforementioned
report.
B. CITY MANAGER
1. Bus Shelter Program
Mr. Wohlmuth asked for Council's consideration of adding discussion regarding
the bus shelter program considered at the Regular City Council Meeting of
August 26, 1999.
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Mayor Pro-Tempore Crites moved to add discussion of the bus shelter program to this agenda.
Motion was seconded by Councilmember Benson and carried by a 4-0-1 vote with Councilman Ferguson
ABSTAINING due to this representation of Morris Communications.
Mr. Wohlmuth went on to report that the company which owned Fairway
Advertising, Morris Communications, requested opportunity to make a presentation
to the City Council at its meeting of October 14. He noted that date happened to
be 49 days after the August 26 meeting where Council gave SunLine and Fairway
45 days to make a presentation to the Council before termination of 17 bus shelter
advertising panels.
Mayor Pro-Tempore Crites moved to, by Minute Motion, allow Morris Communications the
opportunity to make a presentation regarding bus shelter advertising at the Regular City Council Meeting
of October 14, 1999. Motion was seconded by Councilman Kelly and carried by 4-0-1 vote with
Councilman Ferguson ABSTAINING.
C. CITY ATTORNEY
Mr. Erwin noted the items listed on the agenda 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) Indian Springs Limited, et al., v. City of Palm Desert, Riverside County
Superior Court, Case No. INC 011612
b) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior
Court, Case No. INC 013297
c) City of Palm Desert v. Nye, et al., Riverside County Superior Court, Case
No. INC 013370
Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases:
2) Report and Action on Items from Closed Session Made at This Meeting.
None
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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D. CITY CLERK
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Request Relative to Facility Tours of Transfer Station and Other Related Solid
Waste Issues (Councilman Richard S. Kelly).
Councilman Kelly noted that he and Mayor Spiegel had recently been appointed
to work on the Municipal Solid Waste/Residential Recycling Request for
Proposals (RFP), and the Council had previously been presented with
information regarding a MRF (Materials Recovery Facility). Therefore, he
asked for his colleagues' concurrence that any such related information
received during the RFP process be channeled through that same subcommittee.
With Council concurrence, staff was directed to utilize the subcommittee formed to
assist with the solid waste franchise agreement to review MRF and related solid
waste issues.
2. Discussion Relative to Standardization of Building Addresses in
Commercial Areas (Councilman Richard S. Kelly).
Councilman Kelly stated that over the years complaints had been registered
about the readability of certain addresses, especially those on El Paseo.
Therefore, the issue was recently discussed by an internal subcommittee,
resulting in the draft ordinance included in the agenda packet. The
subcommittee had asked for a review of that draft by the El Paseo Business
Association, Palm Desert Chamber of Commerce, and the Public Safety
Commission, as well as the Police and Fire Departments. He said the
suggestions received would return to the subcommittee, resulting in a
recommendation to the City Council. He said it was being presented here to
find out whether Councilmembers were comfortable with the process to date.
With Council concurrence, Mayor Spiegel directed staff to proceed as outlined and
asked the Palm Desert Chamber of Commerce Executive Committee to consider the
matter at its next meeting.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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3. Request for Support of SB 117 (Murray) - Environmental Enhancement and
Mitigation Program (Mayor Pro-Tempore Buford A. Crites).
Mayor Pro-Tempore Crites stated a late report had been distributed to
Councilmembers regarding the subject piece of legislation, which was currently
on the Governor's desk for signature. He asked his colleagues to consider
adding the matter to this agenda, as he feared placing it on the October 14
agenda would be too late. He stated it was the Legislature's request for the
extension of the EEMP, which had been the source of funds obtained by the
City three times previously for the freeway interchanges and similar projects;
they were funds that would otherwise have had to come from the City itself.
Mayor Spiegel moved to, by Minute Motion, add the subject request for support to this agenda.
Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote.
Mayor Pro-Tempore Crites asked that the Mayor send a letter to Governor
Gray Davis, supporting the bill and extension of the Environmental
Enhancement and Mitigation Program.
Mayor Spiegel moved to, by Minute Motion, support SB 117 (Murray) and send a letter to
Governor Gray Davis expressing same. Motion was seconded by Councilmember Benson and carried by
a 3-0-2 vote with Councilmen Ferguson and Kelly ABSTAINING due to the lack of time they had to
consider the matter.
Councilman Kelly said he had a problem with how quickly the Council
previously voted to oppose SBC/Pac Bell's request for rate increase when there
was little information provided to Councilmembers on the issue prior to taking
such a position. He felt not enough attention had been given to the established
process for considering those types of issues, and he was disappointed.
4. Report from Coachella Valley Mexican American Chamber of Commerce
Breakfast (Mayor Pro-Tempore Buford A. Crites).
Mayor Pro-Tempore Crites reported that when he and Councilmember Benson
recently attended the CVMACC Breakfast, William Karr, Bureau of the Census
Local Manager, asked for cities' help in obtaining paid staff to enumerate the
census and in raising public awareness for its importance through the use of
articles in community newsletters or the like. He said Mr. Karr then went on
to provide missing percentages information from the 1990 census, which ended
up costing Riverside County a significant amount of money. He asked staff to
provide whatever assistance it could, including the use of a Bright Side article
to inform residents of how their completion of the census impacted such issues
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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as representation, State and Federal funding. He felt Palm Desert's interest
was not as much the undercount but the percentage of people who would or
should choose it as their primary residence.
Councilman Kelly commented that at a recent session he attended on census
taking, he noticed many cities becoming highly involved in the process to
ensure every citizen within their jurisdiction was counted, in light of all the
financial ramifications that were connected to such counts. He felt it would be
in Palm Desert's best interest to actively participate in whatever means were
available to ensure an accurate count.
With Council concurrence, staff was directed to formulate a proactive plan for
ensuring all Palm Desert residents were counted in the 2000 census and return to the
City Council in approximately 30 days with a report identifying the steps to be taken
and designating the staff person who would lead the project, working with the
Bureau of Census.
o City Council Committee Reports:
1. Update Relative to Public Safety Commission Review of Skate Park Ordinance
(Councilman Jim Ferguson).
Councilman Ferguson recalled passage of the Skate Park urgency ordinance at
the September 9, 1999, meeting, with the idea that certain enhancements could
be made to that regulation. At its last meeting, he asked the Public Safety
Commission to consider the ordinance, similar to what it had done with the
truancy ordinance, further asking that Commissioners work with the Coachella
Valley Recreation & Park District and students, and return with their
recommendation for improvements to be made to that ordinance.
2. Natural Science Collaborative Lecture Series
(Mayor Pro-Tempore Buford A. Crites).
Mayor Pro-Tempore Crites expressed appreciation to City staff for their
contribution to the subject lecture series, which started in September and ran
through May. He said the topics included a wide range from Community
Gardens to bird watching, to weather, etc., and he felt it was an excellent
offering.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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3. Sister City - Millennium Lights Celebration
(Mayor Pro-Tempore Buford A. Crites).
Mayor Pro-Tempore Crites reported on yesterday's meeting with KESQ, where
it was learned that ABC was apparently interested in covering Palm Desert on
December 31 as the first city in the United States to celebrate the millennium.
He then displayed for Councilmembers the new brochure being distributed by
Gisborne in recognition of the event.
4. Southern California Edison - Tree Trimming
(Mayor Pro-Tempore Buford A. Crites).
Mayor Pro-Tempore Crites commented that Councilman Kelly had recently met
with SCE officials, resulting in what was felt would be an imminent, positive
resolution to the tree trimming issue. He expressed his appreciation to
Councilman Kelly for his efforts that would make a substantial difference in the
long-term attractiveness of the City.
5. Tour of Palm Desert and Area North of I-10
(Mayor Pro-Tempore Buford A. Crites).
Mayor Pro-Tempore Crites stated that he and Councilman Ferguson spent a
few hours last Saturday touring Palm Desert in a helicopter, from
Desert Willow to Joshua Tree National Park, looking at the various scenarios
relative to annexation north of I-10. He said performing the tour by helicopter
gave them a broader perspective on issues of open space, transportation
corridors, and relationships between projects, which would result in set of
options returning to the Council that would range in scope from zero, to
minimum, to medium, to maximum.
Councilman Ferguson added that he and Mayor Pro-Tempore Crites had also
been asked to speak with Supervisor Wilson regarding Palm Desert's intentions
for area north of the freeway and potential beefing up of County code
enforcement and planning. He suggested to his colleagues that once the matter
got to the annexation stage, they also take the same tour as he and Mayor Pro-
Tempore Crites took to gain a better perspective.
6. Community Garden (Councilman Jim Ferguson).
Councilman Ferguson reported that the Community Garden Subcommittee had
a meeting to review a preliminary budget for the project. He said the
engineering design aspects were approved with the understanding that
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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everything would return on paper before anything was actually done on San
Pablo, along with a global budget so that Councilmembers could understand the
cost of the entire project. In any event, he said it was decided that retaining
walls and some decorative fencing would need to be installed no matter what
purpose was determined; it was the City's property and as such, there was an
obligation to upgrade that gateway to the City's center. Therefore, he said the
contractor was apprised that the civil drawings needed to be completed as soon
as possible. He went on to say that under the current implementation schedule,
the gardens would not really be able to open until April 2000, the onset of
summer. Mayor Spiegel and he both felt it was prudent to kick off the
program in September 2000, the beginning of the fall planting season, in order
to take the best possible approach to the project and to obtain the necessary
Council approvals. Subsequently, he said the subcommittee would recommend
allowing staff to proceed along those lines. Council concurred.
7. Los Angeles Times Article (Councilmember Jean M. Benson).
Councilmember Benson commented, with regard to a recent derogatory
LA Times article that Mayor Spiegel brought to City Council's attention, that
she'd already passed it along to Mike Fife of the Palm Springs Desert Resorts
Convention and Visitors Bureau. She said he was sending a response to the
editor of that particular magazine.
8. Family YMCA of the Desert Swimming Pool (Mayor Robert A. Spiegel).
Mayor Spiegel stated that the YMCA had decided to move forward with its
campaign to raise $6 million for the construction of a covered pool, and they
were formulating a plan to solicit that type of funding. He informed the group
that his understanding of the matter was that if the YMCA built the pool, the
City would work on an endowment for its operation.
XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING OCTOBER 1999 AS FIRE
PREVENTION AND MINI MUSTER MONTH IN THE CITY OF PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented framed proclamations declaring
October 1999 Fire Prevention and Mini Muster Month in the City of Palm Desert to
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 1999
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Dr. Doris Wilson of the Desert Sands Unified School District, Mr. Dan Callahan of the Palm
Desert Historical Society, and Fire Chief John McLaughlin, as participants in the annual Mini
Muster program for Palm Desert third graders.
B. PRESENTATION OF PROCLAMATION DECLARING SATURDAY, OCTOBER 9, 1999,
AS MARIAN HENDERSON'S DESERT BEAUTIFUL CLEAN-UP DAY IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented the framed proclamation to
Mrs. Henderson, honoring her for the many years she'd devoted to keeping the desert
environment pristine, including her creation of the Desert Beautiful organization.
XIII. PUBLIC HEARINGS
None
XIV. ORAL COMMUNICATIONS
None
XV. ADJOURNMENT
Upon a motion by Councilman Ferguson, second by Mayor Spiegel, and unanimous vote of the City
Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:31 p.m. He reconvened the
meeting at 6:00 p.m. and immediately adjourned with no action announced from Closed Session.
ATTEST:
th
RACHELLE D. KLASSE'T, DEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
ROBERT A. SPIEL
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