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HomeMy WebLinkAbout1999-09-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilmember Jean M. Benson IV. 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 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 V. ORAL COMMUNICATIONS - A MS. KATHLEEN KOPP, 44-870 Cabrillo, Palm Desert, praised City Councilmembers for the newly refurbished Washington Charter School fence project, as she'd been opposed to the piece since first installed. However, she felt it had been completely transformed from something that was dark and forbidding to a light and inviting creation just through the use of paint color; it was now much more appropriate for children and very pleasing to the eye. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 26, 1999. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 13, 14, and 14PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (41392) by Harvey Bernhard in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#393) by Dr. E. James in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. E. MINUTES of the Housing Commission Meeting of July 14, 1999. Rec: Receive and file. F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albertsons, Inc., 42nd Avenue and Washington Street, Palm Desert, California. G. Rec: Receive and file. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albertsons, Inc., 74-590 Highway 111, Palm Desert, California. Rec: Receive and file. H. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Albertsons, Inc., 73-101 Country Club Drive, Palm Desert, California. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Palm Desert Wings, LLC, for Hooters Restaurant, 73-030 El Paseo, Palm Desert, California. Rec: Receive and file. J. REQUEST FOR RATIFICATION of Change Order No. 1 to Contact No. C14950 -- Alleyway Improvements at Portola Avenue and El Paseo (Project No. 671-98). Rec: By Minute Motion, ratify approval of Change Order No. 1 to the subject contract with Cooley Construction, Indio, California, in the amount of $715.30. K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16320 -- Signal Improvements at Phyllis Jackson Lane and Fred Waring Drive (Project No. 670-99). L. M. Rec: By Minute Motion, approve Change Order No. 1 to the subject contract with Sierra Pacific Electrical Contracting, Riverside, California, in the amount of $2,497. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C14660 -- Engineering Design of Avenue 42 and Green Way at Cook Street to Sanborn Avenue (Project No. 641-98). Rec: By Minute Motion: 1) Approve Change Order No. 2 to the subject contract with Sanborn Inc., Palm Springs, California, in the amount of $2,400 for additional engineering design services; 2) authorize the transfer of funds from Project Account No. 213-4385-433-4001. REQUEST FOR APPROVAL of Extension of Construction Management Services Agreement -- Desert Willow Clubhouse (Contract No. C16020). This item was removed for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. N. REQUEST TO PURCHASE Multi -Passenger Van. Rec: By Minute Motion, authorize staff to acquire a seven -passenger vehicle. O. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization. Rec: By Minute Motion, declare cell phones, cigarette adapters, battery chargers, battery packs, travel charger, and pagers as surplus property and authorize disposal of items. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. LETTER OF RESIGNATION from Carolyn Miller from the Art In Public Places Commission. Rec: Receive and file. Mayor Pro-Tempore Crites requested Item M be held over for separate consideration under Item VII, 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. VII. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of Extension of Construction Management Services Agreement -- Desert Willow Clubhouse (Contract No. C16020). Mayor Pro-Tempore Crites requested separate discussion of this item due to his concerns over: 1) The ten month schedule initially promised for completion of the Clubhouse versus the currently projected completion date; and 2) remarks made by his students who were employed by certain contractors involved with the project regarding their concern over whether adequate attention was being given to detail. He quickly pointed out his concerns were not aimed at this particular contract but to the Clubhouse in general. Councilman Kelly said he had been meeting with the contractor regularly, explaining that he'd made significant notes from the last occasion to detail all the various issues discussed regarding the schedule. He felt there was more than a sufficient number of workers on site performing the basic rudiments of construction; the last intricate work done was the steel work, and even though the vast majority of work was being performed by local contractors, that element required bringing in certain expert tradesmen for completion. From his standpoint, Councilman Kelly was convinced the contractor was doing the best possible job on the project, especially in light of the current active construction climate in the region while utilizing 99.9% local subcontractors. He was generally impressed with the contractor's sincerity of purpose. Councilman Ferguson commented that when the contract was awarded in January, he and Councilman Kelly self -initiated an oversight committee to ensure the project stayed on schedule and under budget. He said the project was still on schedule, legally, in terms of when the contractor was obligated to complete the improvements, and it was still under budget. He appreciated any and all comments; therefore, he asked the City's Director of Building and Safety for his interpretation. Mr. Conlon explained he'd been on the job site frequently, finding the quality of work to be excellent. He acknowledged that there were always minute items needing attention. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * However, the project was currently in the framing stage, and on a scale of one to ten, he rated the contractor at eight, noting the City's inspector on the job would rate it at nine. He commented that there was a great deal of detail on the Clubhouse that would be apparent when completed. He offered to meet with the students who had concerns, as he personally wanted to know if there were areas where he should become more involved. In response to question whether an architect would be involved to monitor the project's final details, a function formerly served by the RDA's own Rudy Acosta, Mr. Conlon said the architect of record would perform structural observation, as would the structural engineer of record. Further, he noted the subject contractor, Mr. Levin, was a licensed civil engineer to oversee such items. Mr. Yrigoyen added that the Dahlin Group's representative, Jack Gallagher, was also on site frequently to observe the work being performed. Mayor Pro-Tempore Crites moved to, by Minute Motion, authorize extension of the subject contract with Allan Levin Associates, Palm Desert, California, and appropriate $24,000 from the City's project fund for same. Motion was seconded by Councilman Ferguson and carried by unanimous vote. With Council concurrence, Mayor Spiegel suspended the agenda at this point to consider Item XV, Awards, Presentations, and Appointments. Please see that portion of the Minutes for discussion and action. Following the Awards, Presentations, and Appointments, and with Council concurrence, Mayor Spiegel suspended the agenda in order to recognize an item of Oral Communication. MR. JOSH IVY, 74-166 Aster Drive, Palm Desert, addressed the Council, stating he felt the Skate Park was a good thing in the City. He requested consideration of a bicycle course suitable for performing special stunts that would be similar in function. He and several of his friends would appreciate being able to utilize the Skate Park for this purpose, if a certain time could be set aside for same. However, he acknowledged that particular set-up might be too dangerous with its concrete and suggested the open, grass area just south of the new facility might be appropriate for such a bike course. Mayor Spiegel directed Parks & Recreation Planning Manager Jeff Winklepleck to discuss the issue with Mr. Ivy and potentially return it to the Council for consideration. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. RESOLUTIONS A. RESOLUTION NO.99-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 99-55, SECTION I, SALARY SCHEDULE, RANGES, AND ALLOCATED CLASSIFICATIONS, ADDING A CROSSING GUARD. Councilman Kelly moved to waive further reading and adopt Resolution No. 99-84. Motion was seconded by Councilman Ferguson and carried by unanimous vote. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 924 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 5.88 AND REPLACING CHAPTER 5.89 IN THE PALM DESERT MUNICIPAL CODE REGARDING ISSUING PERMITS FOR ADULT ENTERTAINMENT ESTABLISHMENTS AND ADULT ENTERTAINERS. Mr. Erwin stated the subject ordinance returned the City to its status prior to adopting Ordinance No. 905 in February 1999. Councilmember Benson noted Zoning Ordinance Review Committee (ZORC) had not yet reviewed the draft ordinance and suggested that it should. Mr. Erwin concurred. In response to question whether the ordinance could be passed to second reading subject to review by ZORC, in order to expedite the process, Mr. Diaz said staff would recommend that action. He said as a result of recent decisions, the proposed was more restrictive than the current ordinance. Councilman Ferguson added ZORC should be given the understanding that it was free to modify anything it felt appropriate. Council concurred. Mayor Pro-Tempore Crites moved to waive further reading and pass Ordinance No. 92.4 to second reading, subject to review by the Zoning Ordinance Review Committee. Motion was seconded by Councilmember Benson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 923 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 565, CHAPTER 8.17, AND SECTION 8.17.010 OF THE PALM DESERT MUNICIPAL CODE REGULATING THE COLLECTION OF RECYCLABLE MATERIALS. Councilman Ferguson said he would abstain from this item, as well as New Business Item C due to his representation of Waste Management of the Desert. Councilman Kelly moved to waive further reading and adopt Ordinance No. 923. Motion was seconded by Mayor Pro-Tempore Crites and carried by 4-0-1 vote with Councilman Ferguson ABSTAINING. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO TIHIS MEETING. With Council concurrence, Ordinances for Adoption Item B and New Business Item D were considered jointly. B. ORDINANCE NO. 925 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 8.85 TO CHAPTER 8 OF THE PALM DESERT MUNICIPAL CODE, HEALTH AND SAFETY, AS IT RELATES TO REGULATIONS FOR THE PALM DESERT SKATE PARK AND DECLARING THE URGENCY THEREOF. Councilman Ferguson understood the urgency nature of the ordinance. However, he suggested that the Zoning Ordinance Review Committee (ZORC) provide review of the content, as he noted a number of internal inconsistencies. Additionally, he suggested the original end users who assisted with the Skate Park's design be asked to provide input for addressing the problems existing there. He questioned a couple of the regulations within the subject ordinance: 1) Prohibition of spectators; 2) food and beverage prohibition, which he understood, but felt there should be more thought given to the climatic conditions as they pertained to the regulation. Further, he noted skate boarding, roller skating, and in -line roller blading were delineated as hazardous activities, but roller skating was given no further mention in the regulations. Mr. Erwin concurred, stating staff intended to improve upon the regulations once the subject ordinance was in place. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 925 as an urgency ordinance. Motion was seconded by Councilman Kelly and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. REQUEST FOR APPROVAL OF RIGHT-OF-WAY TRANSFER - I-10/COOK STREET INTERCHANGE PROJECT. Councilman Ferguson moved to, by Minute Motion, approve the transfer of right-of-way to the State of California for Parcels 30346-1 (Hawn) and 30344-1 (TMP), and authorize the Mayor to execute Grand Deeds regarding same. Motion was seconded by Councilman Kelly and carried by unanimous vote. B. REQUEST FOR APPROVAL OF RIGHT-OF-WAY TRANSFER - JONI DRIVE EXTENSION FROM VELIE DRIVE TO 42ND AVENUE (PROJECT 627-99). Councilman Ferguson moved to, by Minute Motion, approve the transfer of the City -owned right- of-way to the City of Palm Desert for the purpose of a public roadway, and authorize the Mayor to execute a Grand Deed regarding same. Motion was seconded by Councilman Kelly and carried by unanimous vote. C. REQUEST FOR APPROVAL OF CONTRACT SERVICES WITH THE COUNTY OF RIVERSIDE FOR HOUSEHOLD HAZARDOUS WASTE ROUNDUPS DURING FISCAL YEAR 1999-2000 (CONTRACT NO. C15221). Councilman Kelly moved to, by Minute Motion, authorize the Mayor to enter into the subject contract with the County of Riverside, Environmental Health Services, to operate four (4) Household Hazardous Waste Roundups in the City of Palm Desert. Motion was seconded by Mayor Pro- Tempore Crites and carried by 4-0-1 vote with Councilman Ferguson ABSTAINING due to his representation of Waste Management of the Desert. With Council concurrence, New Business Item D was considered jointly with Ordinances for Adoption Item B. D. PRESENTATION OF REPORT REGARDING PALM DESERT SKATE PARK. Mr. Diaz stated staff requested an additional action to those outlined in the staff report, which was to direct staff to initiate design of a permanent fence once the temporary fence was in place. He suggested wrought iron, something compatible with existing fencing throughout Civic Center Park. Councilmember Benson commented she'd heard of a recent Los Angeles Times article about a regional city which had just constructed a skate board park and established a student council comprised of a majority of park participants to oversee it. She felt it merited Palm Desert's review. Council concurred. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites cautioned that the Skate Park had been open less than two weeks, which probably wasn't indicative of long term conditions. Therefore, he would vote against any suggestion for permanent fencing until there was more experience, as he believed there were other cities that determined it unnecessary and that staff should research them to make an informed recommendation on permanent measures. Councilman Kelly disagreed. He felt it was, basically, an empty swimming pool that needed protection, in addition to providing containment that would afford better regulation of the facility. He had no doubt about voting in favor of a permanent fence. Councilman Ferguson said he was also convinced that the Skate Park needed to be fenced, and he supported immediate installation of such a temporary barrier. He wished there was something better than chain link for the temporary fencing and wanted to explore those possibilities, if they were available. He noted that at the Police Briefing prior to this meeting, the Sheriffs Department stated it was nearly impossible to securely contain that facility without fencing. Further, he remarked that the City had an ordinance which provided for fencing of an empty swimming pool, concurring with Councilman Kelly's earlier comments. Mayor Spiegel added that the Skate Park was not to be used when it rained, but without a fence, it was impossible to secure. Councilman Kelly moved to, by Minute Motion, authorize staff to install a temporary chain link fence for a period of up to six months in an amount not to exceed $1,000 -- funds are available in Account No. 430-4674-454-4001, with additional direction to staff to review other such facilities in the region for comparing regulatory methods and devices in order to initiate design, in conjunction with the Art In Public Places Commission, of a permanent fence for the facility. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. Councilmember Benson moved to, by Minute Motion, authorize one additional Coachella Valley Recreation and Park District staff member at $13.00 per hour, under the existing contract with the City, to supervise activities at the Palm Desert Skate Park. Motion was seconded by Councilman Ferguson and carried by unanimous vote. E. CONSIDERATION OF AN APPEAL TO THE ARCHITECTURAL REVIEW COMMISSION DECISION DENYING A REQUEST TO INSTALL DECORATIVE NEON AND REDUCING THE SIGN SIZE ON THE WEST ELEVATION FOR THE PROPOSED DEL TACO RESTAURANT LOCATED AT 74-617 HIGHWAY 111 Case No. 99-83SA, CUP 97-6 and C 97-4 (TWW Investments, [Del Taco] Applicant). In response to question regarding the decorative wave wall detail, Mr. Martin Alvarez, Associate Planner, said the Applicant's request was denied all together, adding that staff s recommendation regarding the wave detail was one which was modified. Further 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * responding, he said the Architectural Review Commission (ARC) did not provide any alternatives; the one provided for Council's consideration at this meeting was also provided to ARC, which denied it. MR. ROBERT FOUGHT of California Neon Products, 4530 Mission Gorge Place, San Diego, CA, said his firm would be handling the manufacture and installation of the subject Del Taco signage, as they did for numerous other Del Taco stores. He said his firm had been working with the franchisee, Mr. Walker, for the subject location in Palm Desert. He stated for the cloud sign on the west elevation, the Applicant wanted to keep the sign at 4'3" x 8' 11", since the building was set back somewhat from Highway 111; that size brought customers into the store safely and effectively, considering the 50 miles per hour speed limit at the location. He went on to say that with an actual square footage of 46, the proposed signage was well within the scope of the ordinance, which provided for 63 square feet on the west elevation. While ARC desired the sign to be the same size as that on the north elevation, the Applicant felt that since he fell within the ordinance, maximum visibility was desired. He noted that the Funland was going to be eliminated from the original proposal, thereby significantly reducing the amount of signage on the east and west elevations while keeping the two cloud signs. In regard to the wave neon, he said the Applicant's main goal was to maintain corporate identity, symbolized by the wave pattern. He said the decorative, metal backing established both daytime and nighttime identification and felt the neon applied there was subtle. Therefore, he proposed keeping the wave neon by reducing it somewhat; none on the rear elevation, in order to keep it on the north elevation, and deleting some of the neon on the east elevation, reducing it to where the mansard roof began. Mr. Fought went on to point out that Mr. Walker was an 18-year resident of Palm Desert and would manage/operate the store locally in order to bring a clean and fun environment to the community, one that would benefit the City. Responding to question, Mr. Fought confirmed that there would be no Funland at the subject Del Taco. Mayor Pro-Tempore Crites moved to, by Minute Motion, affirm the decision of the Architectural Review Commission of August 24, 1999, which was: 1) Approving the wall signage and monument signage (with opaque red background), with a maximum of three colors, or alternatively, a 20% reduction in size if all proposed logo colors are to be used, and required that Sign C be the same size as Sign B; 2) denying the request for decorative neon because it did not tie in with the building architecture. Motion was seconded by Councilman Ferguson and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. 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 meeting of August 26, 1999). Councilman Ferguson moved to, by Minute Motion, continue to the meeting of September 23, 1999. Motion was seconded by Councilman Kelly and carried by unanimous vote. B. CONSIDERATION OF REPORT FOR FAIRWAY DRIVE (Continued from the meeting of August 26, 1999). Councilman Kelly said he was now satisfied with the report. Councilman Kelly moved to, by Minute Motion, receive and file the subject report. Motion was seconded by Councilman Ferguson and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR CLARIFICATION OF CONDITION OF APPROVAL FOR THE SOUTHWEST CORNER OF COOK STREET AND FRANK SINATRA DRIVE Case No. PP/CUP 98-2 (PDH Associates, Applicant). Mr. Diaz said the subject case had an issue needing clarification with regard to the project that was originally approved for PDH, the Courtyard and Residence Inn hotels, and the bus shelter requirement. He stated currently, it was uncertain whether a bus shelter would be needed at the location, noting the letter from SunLine attached to the staff report indicating their satisfaction with the site. Therefore, he recommended allowing the development to continue in business with the agreement that if in the future it was determined the site required a bus shelter, area would be made available for that purpose. Councilman Kelly moved to, by Minute Motion, determine that Condition No. 1 of City Council Conditions set forth in Resolution No. 98-49 had been met, with the agreement that if at some time in the future it was determined the site warranted a bus shelter, area would be made available for same. Motion was seconded by Councilman Ferguson and carried by unanimous vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore, Business Support Manager, announced that Madison/Marquette was pleased to welcome Pottery Barn to The Gardens on El Paseo. She said the new store would be located in the former Benetton space, and their opening was anticipated prior to Christmas. 2. Progress Report on Desert Willow Clubhouse Facility Please refer to the discussion and action arising from Consent Calendar Item M. 3. Proposed Landscape Awards for Residential and Commercial Properties in the City of Palm Desert. Ms. Lisa V. Constande, Environmental Conservation Manager, reviewed highlights of the written report presented to Councilmembers within their agenda packets. Mayor Pro-Tempore Crites noted that Palm Desert's Sister City, Gisborne, New 7ealand, had a similarly significant program. He said awards ranged from "Best English -style Garden" to "Best Use of Native New Zealand Plants," and "Best Street," which was highly competitive and encompassed areas of more than two or three blocks. He went on to say winners of the street competition were able to post signs signifying their award -winning area, and he felt it was an excellent way to foster civic mindedness while improving the community's appearance. 4. Status Report of Coachella/Indio Transfer Station. Ms. Constande noted the written report provided to Councilmembers. No further discussion nor action occurred. B. CITY MANAGER None C. CITY ATTORNEY Mr. Erwin noted the items for Closed Session consideration at the appropriate time. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1) Request for Closed Session. 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 D. CITY CLERK None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. proposed Eric Johnson Garden (Mayor Pro-Tempore Buford Crites). Mayor Pro-Tempore Crites noted the subject request came to him from Councilmen Ferguson and Kelly. He sought his colleagues' conceptual approval of a garden honoring Eric Johnson for his nearly 65-year career in the Coachella Valley as one of the leading advocates for desert landscaping. Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Conceptually approve a garden honoring Eric Johnson, the desert environment, and the City's landscape themes to be incorporated as part of the 12-acre site at Highway 111 and El Paseo; 2) direct that the design for same be formulated at an airikyriiate time by Mr. Johnson in conjunction with appropriate City and Living Desert staff members. Motion was seconded by Councilman Kelly and carried by unanimous vote. 2. Appointment of City's Representative to Joslyn Cove Senior Center (Mayor Robert A. Spiegel). Mayor Spiegel reminded his colleagues that Ben Kurtz had resigned as the City's representative to the Senior Center, and Doloris Driskel had expressed her desire to serve in that capacity. He asked for Council's consideration of adding the matter to this agenda. Mayor Spiegel moved to add the aforementioned appointment consideration to the meeting agenda. Motion was seconded by Councilmember Benson and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel moved to, by Minute Motion, appoint Doloris Driskel to serve as the City's representative to the Joslyn Cove Senior Center, fulfilling the vacancy created by the resignation of Ben Kurtz. Motion was seconded by Councilman Kelly and carried by unanimous vote. o City Council Committee Reports: 1. Palm Desert Chamber of Commerce (Mayor Robert A. Spiegel). Mayor Spiegel reported that since the Council's last meeting, the Chamber of Commerce conducted its Business Expo at the Marriott Desert Springs Resort with over 180 businesses participating, compared to 108 last year. He said there was a tremendous turnout, and he commended Chamber Executive Director Susie Harvey for the event's success. 2. Marriott Courtyard and Residence Inn Hotels (Councilmember Jean M. Benson). Prior to today's Council meeting, Councilmember Benson said she toured the new Courtyard property, commenting that it was probably the best one she'd ever seen and most definitely a credit to the City. She suggested her colleagues also tour the hotel, noting that it featured a full service restaurant for guests and the public. She said Mr. Swank told her both facilities were full over the past Labor Day weekend, and she commended him for the attractiveness of the properties on that site. 3. Library Promotion Committee (Councilmember Jean M. Benson). Councilmember Benson reported that at yesterday's Library Promotion Committee Meeting, Librarian Diane Drake provided a report comparing Palm Desert statistics to those of the Rancho Mirage Library, which were touted in a recent Desert Sun article. She said during open hours, Palm Desert had better numbers for circulation and materials, and there were nearly 100,000 more visitors recorded. Further, she commented on the overwhelming success of the just -ended summer program for children and the extensive one organized for the fall, beginning Saturday afternoon, September 11. Additionally, she was pleased to report that in a recent "mystery shopper" evaluation of all regional libraries conducted by an independent Inland organization, the Palm Desert Library received a top rating. She noted that in the telephone portion of the evaluation, Palm Desert was especially commended for having a live person answer on the first ring. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In other Library news, Councilmember Benson reported that Diane Drake, who had been Librarian for just over one year, was being transferred back to the Jurupa area. She said Beth Ziegler, who had been with Palm Desert previously, would now be the City Librarian; each of the ladies currently commuted a sizable distance, and switching their assignments was determined to be more efficient. 4. Desert Sands Unified School District (Councilman Jim Ferguson). Councilman Ferguson said last spring, the entire Council met with DSUSD representatives regarding certain issues with Palm Desert Middle School. He said in the wake of that meeting, Council asked he and Mayor Pro- Tempore Crites to meet with DSUSD to forge a somewhat better relationship; they went to DSUSD's second meeting in June and formally requested members of that board be appointed to work with City Council to achieve that goal. To that end, he and Mayor Pro-Tempore Crites met with those representatives throughout the summer; the latest being the meeting he had yesterday with Tina Goedecke, Charlene Timilione, and RDA Finance Manager Dennis Coleman about how to provide better overall dialog between the City, its residents, and the School District. He said DSUSD conveyed its desire to work with Palm Desert, asking if it could attend the next City Council Meeting to announce formation of a committee to master plan a complete renovation of Palm Desert High School and lay out the balance of their master plan for Palm Desert Middle School, including a track and some other features. Additionally, he said DSUSD wanted to ask the City and its residents for input on those projects. He took that to be a positive note to share with his colleagues and asked if they would consent to such an agenda item for September 23. With Council concurrence, staff was directed to place Desert Sands Unified School District on the agenda for the Regular City Council Meeting of September 23, 1999, during the Presentations portion of the meeting at the 7:00 p.m. session, in order to allow parents of school -age children to attend. Mayor Pro-Tempore Crites asked about Palm Desert High School's construction of an exit onto Cook Street, right turn -out only, and whether an entrance there was feasible. Mr. Folkers said staff was looking at performing the preliminary engineering to see about feasibility of the southbound turn -in, because of the location grade, to ensure that whatever was developed was workable for the School; staff would then get in touch with the appropriate school officials. Additionally, he said there was question about one-way or two-way traffic on a narrow section of campus roadway, and staff was also examining that situation. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. CVAG Energy & Environment Committee (Mayor Pro-Tempore Buford A. Crites). Mayor Pro-Tempore Crites reported he attended the E & E Committee meeting today where a long report was presented regarding the Red Imported Fire Ants and their potential impact on local golf courses. He went on to say the City of Rancho Mirage had discovered them on a couple of private properties, and the property owners would not allow any intervention by the City. However, due to the nature of the pest, he understood the State had the ability to intervene and was supposed to be reporting a protocol for local agencies in such situations. He felt it would be appropriate to provide information about the Ants in an upcoming Bright Side newsletter, including how the City would be able to assist its residents if they found themselves beset with the nuisance. Secondly, he said CVAG was cosponsoring an organic materials landscape seminar with the landscape industry about grass recycling and various issues related to golf courses. He provided copies of fliers to his colleagues and staff for their interest in attending the event on October 19. He noted there were approximately seven golf course superintendents at today's meeting, in response to recent Desert Sun articles and general interest in PM10 reduction. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CITY OF PALM DESERT OUTSTANDING CITIZENSHIP AWARD TO HALLE JAYMES (Continued from the meeting of August 26, 1999). On behalf of the City Council, Mayor Spiegel made a presentation recognizing Miss Halle Jaymes, age six, for rescuing her friend from a backyard pool, as described in a recent Desert Sun article. Fire Chief John McLaughlin also recognized Miss Jaymes with a certificate from the Califomia Department of Forestry and Fire Protection for her bravery and for handling the situation appropriately. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. PRESENTATION TO LIEUTENANT CRAIG KILDAY FOR HIS DEDICATION AND SERVICE TO THE CITIZENS AND THE CITY OF PALM DESERT (Continued from the meeting of August 26, 1999). On behalf of the City Council, Mayor Spiegel presented an engraved granite monument to Lieutenant Kilday, recognizing his many years of service to the Palm Desert Police Department as one of its original officers and one of its finest. Mayor Spiegel noted that Lieutenant Kilday had been reassigned to a position at the Riverside office, but the City of Palm Desert would always consider him one of its own. C. PRESENTATION TO GAYL BIONDI IN RECOGNITION OF HER SERVICE TO THE CITY OF PALM DESERT AND THE LIBRARY PROMOTION COMM' Mayor Spiegel, on behalf of the City Council, presented Ms. Biondi with a crystal, engraved clock in appreciation of her many years of service to the City's Library Promotion Committee, being one of its original members. He noted that as a result of the efforts of citizens like Gayl, the small Palm Desert Library had gone from one that users stayed away from in droves to what was now known as the Multi -Agency Library, a cooperative effort of the City, County, and College of the Desert-- one of the best anywhere. D. PRESENTATION TO JOHN LAVENDER IN RECOGNITION OF HIS SERVICE TO THE CITY OF PALM DESERT AND THE PROMOTION COMMITTEE. With Council concurrence, this presentation was continued to the meeting of September 23, 1999. E. PRESENTATION TO JOYCE FRISCO IN RECOGNITION OF HER SERVICE TO THE CITY OF PALM DESERT AND THE CITIZENS' ADVISORY COMM'1-1mot: FOR PROJECT AREA NO. 4. With Council concurrence, this presentation was continued to a time uncertain. F. PRESENTATION TO MARY KUCALA IN RECOGNITION OF HER SERVICE TO THE CITY OF PALM DESERT AND THE PARKS & RECREATION COMMISSION. On behalf of the City Council, Mayor Spiegel presented a crystal, engraved clock to Ms. Kucala, who had just retired as director of the Joslyn Cove Senior Center, and the ex- officio position on the City's Parks & Recreation Commission in that capacity. He thanked her for the time she spent on the City's behalf and for her fine work at the Center during her tenure over the last five years. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 9, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. PUBLIC HEARINGS None XVII. ADJOURNMENT Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Kelly, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:07 p.m. He reconvened the meeting at 5:40 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: 2 /‘. SHEILA R. GILLIGAIkk, CITY CLERK CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGE 18