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HomeMy WebLinkAbout2000-02-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson III. INVOCATION - Mayor Pro-Tempore Jim Ferguson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Sheila R. Gilligan, Acting City Manager David J. Erwin, City Attorney Rachelle D. Klassen, Acting City Clerk Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, RDA Executive Director Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Carolyn Miller, Community Arts Manager Teresa LaRocca, Housing Manager V. ORAL COMMUNICATIONS - A MR. DAVID FIRESTONE, resident of Rancho Mirage, owner of J. Russell Salon on El Paseo in Palm Desert, and President of The Desert Bicycle Club, stated that the City of Palm Desert was a sponsor of the Club. He thanked the City for its efforts in striping bicycle lanes throughout Palm Desert. He noted that the Tour de Palm Springs was a good indicator that people do come to different towns to do these types of events. MR. DAVID DeLEON, resident of Bermuda Dunes, stated that he represented several towing agencies in the Valley. He noted that they had received letters in August 1999 from the Palm Desert Sheriff's Department advising of a new tow policy directive by the Palm Desert City Council outlining new requirements for remaining on the tow list for authorized towing of vehicles by the MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Sheriff's Department within the city limits of Palm Desert. He said this was a concern for all tow companies involved because they had lost substantial revenue due to new implementation of the policy. He noted that their attorney had sent a letter to the City dated January 20, 2000, advising the City that the new tow policy violated Federal law (United States Code Title 49, Section 14501C), and asking that the City reinstate the tow firms which had been removed from the list because of the new tow policy. He asked that the Council take immediate action to correct this issue, and he submitted copies of the letters to the City Clerk. With Council concurrence, Mayor Crites suspended the remainder of the Agenda at this point in order to consider Awards, Presentations, and Appointments Item A. Please see that portion of the Minutes for Council discussion and action. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 27, 2000, and the Adjourned City Council Meeting of January 25, 2000. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 36, 37, 36PD Office Complex, and 37PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#4031 by Valerie Bizier in the Amount of $500. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#4041 by Sanita L. Kelley in the Amount of $10,745. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY (#4051 by George Hanover in the Amount of $14,550.04. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. F. CITY INVESTMENT MASTER PORTFOLIO SUMMARY for the Month Ending December 31, 1999. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. MINUTES of City Committee/Commission Meetings. 1. Citizens' Advisory Committee - Project Area No. 4 Meeting of November 15, 1999. 2. Housing Commission Meeting of December 7, 1999. 3. Investment & Finance Committee Meeting of December 15, 1999. Rec: Receive and file. H. LE'1'1'ER OF RESIGNATION from Diane Morgan from the Civic Arts Committee. Rec: Receive with very sincere regret. I. REOUEST FOR AWARD OF CONTRACT for the Design of Traffic Signal Installation at Hovley Lane East and Casbah Way/Indian Ridge Drive (Contract No. C17200, Project No. 562-00). Rec: By Minute Motion: 1) Approve the proposal from Katz, Okitsu & Associates, Palm Springs, California, for design of the subject project in the amount of $6,500 -- funds are available in the Public Works Professional Services Account No. 110-4300-413-3010; 2) authorize the Mayor to execute the agreement. J. REOUEST FOR APPROVAL of Contracts and Expenditures for Additional Window Shades for the City Wing of the Multi -Agency Library (MAL). Rec: By Minute Motion: 1) Approve Contract No. C17210 with Desert Window Treatments, Palm Desert, California, in the amount of $17,524.13 for the purchase and installation of motorized, openable window shades at seven locations throughout the City Wing of the MAL; 2) approve Contract No. C17220 with Brudvik, Inc., Electrical Contractor, Palm Springs, California, in the amount of $4,988.00 for the electrical work necessary to operate the motorized window shades; 3) authorize a ten percent (10%) contingency for the total project ($22,512.13) in the amount of $2,251.21; 4) authorize the Mayor to execute the subject contracts -- funds have been requested for this project through the Mid -Year FY 99/00 Budget Adjustment Process for Library Expenses Account No. 452-4662-454-4001. K. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16650 — Street Sweeping of Various Arterial and Residential Streets in the City of Palm Desert. Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with SunLine Services Group, Thousand Palms, California, for a price increase of $0.48 per curb mile; 2) approve a change in the initial contract expiration date to June 30, 2000, to coincide with the City's fiscal year. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C16060 — Widening of Monterey Avenue from San Gorgonio Way to Hacienda de Monterey (Project No. 672-98) (Dateland Construction Company, Inc.). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REOUEST FOR APPROVAL of Grant of Easement to Southern California Edison for the Joni Drive Extension Project from Velie Drive to 42nd Avenue. Rec: By Minute Motion, approve the subject Grant of Easement for the purpose of relocating the existing transformer to the new location (identified in the accompanying report) to allow construction of the Joni Drive Extension. N. REOUEST FOR APPROVAL of Parcel Map 29068 (Select Properties LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 00-9, approving Parcel Map 29068. O. REOUEST FOR DECLARATION of Surplus Property and Disposal Authorization. Rec: By Minute Motion, declare the various computer equipment Exhibit "A" as surplus and authorize its disposal. described in P. REOUEST FOR APPROVAL of Appropriation of Funds for Expenditures for the "Living For Your 90's" Senior Inspiration Awards and for College of the Desert Foundation Event. Rec: By Minute Motion, approve of the appropriation of funds from the Unobligated General Fund: 1) In the amount of $900 to Account No. 110-4159-415-3120 for the "Living For Your 90's" Senior Inspiration Awards Event; 2) in the amount of $1,570 to Account No. 110-4110-410-3125 for the College of the Desert Foundation Benefit. Q. REOUEST FOR APPROVAL of Refund for Business License No. 99-17322 (Mary Kay Donald, Applicant). Rec: By Minute Motion, approve refund of the subject business license in the amount of $68.25 from FY 99/00. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REOUEST FOR WAIVER of Fees Associated with the California Youth Spirit Corps (CYSC) "All -Star Jubilee." Rec: By Minute Motion, waive fees associated with the subject event to be held Saturday, March 25, 2000, in the Palm Desert Civic Center Park Amphitheater. S. REOUEST FOR WAIVER of Fees Associated with the Desert Youth Ballet Semiannual Recital. Rec: By Minute Motion, waive fees associated with the subject event to be held Saturday, May 20, 2000, in the Palm Desert Civic Center Park Amphitheater. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. T. REOUEST FOR APPROVAL of Engineering Services for the Irrigation System at the Palm Desert Soccer Park (Contract No. C17290). 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. Mayor Pro-Tem Ferguson asked that Item T be removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. VH. CONSENT ITEMS HELD OVER T. REOUEST FOR APPROVAL of Engineering Services for the Irrigation System at the Palm Desert Soccer Park (Contract No. C17290). Mayor Pro-Tem Ferguson stated that it was his understanding that the Palm Desert Soccer Park was a brand-new facility. He said he had gone out earlier that day to look at the Park; the grass looked green, and the landscaping looked like it was growing. He asked for further justification for spending $15,000. Mr. Drell responded that the reason for hiring a consultant was to find out if there is a design problem or an installation problem covered by warranties. He said the pump did not put out enough pressure, and in the summer it would take 36 hours per day to properly irrigate the fields. He added that it had been designed to do it in less than 24 hours, and it was necessary to hire an independent consultant to identify whether it is the fault of the architect or the installer. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson asked whether contact had been made with the design firm and engineering firm that put this together. Mr. Drell responded that there had been discussions with both firms. Mayor Pro-Tem Ferguson asked if the proper fix was known, regardless of who is at fault. Mr. Drell responded that the exact reason had not yet been identified as far as why the system is not performing up to specifications. Mayor Pro-Tem Ferguson moved to, by Minute Motion, retain Pacific Advanced Civil Engineering, Inc., Huntington Beach, California, to provide a comprehensive review of the existing irrigation system at the Soccer Park in an amount not to exceed $15,000. Motion was seconded by Spiegel and carried by unanimous vote. VIII. RESOLUTIONS A. RESOLUTION NO. 00-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1999/2000 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS. Mr. Gibson reviewed the staff report, noting that the request was for an increase in revenues of $1,060,000, with an increase in expenditures of $254,500. He stated that the specific items being requested had been listed in the report, and he offered to answer any questions. Mayor Pro-Tem Ferguson asked who the Sponsored Marketing Insurance Administrators were and what role they played with the City's cafeteria plan. Mr. Gibson responded that they processed all the medical claims and reviewed them. This review allowed for confidentiality, with no City staff seeing the specific bills. He added that the cost was $6.00 per month per employee. Mayor Pro-Tem Ferguson questioned the amount for the Public Works Department for satellites to monitor the trees. Mr. Gibson responded that this was a backpack system which would connect to a satellite to determine a person's exact location. This could then be put into the City's mapping system to show where specific trees, art pieces, etc., were located. Mayor Pro-Tem Ferguson also questioned the Park Maintenance and asked if it was the cost of the supervision from the Coachella Valley Parks & Recreation District for the skateboard park, and Mr. Gibson agreed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-10. Motion was seconded by Benson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. ORDINANCES For Introduction: A. ORDINANCE NO. 935 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A TECHNOLOGY COMMITTEE FOR THE CITY. Mrs. Gilligan stated that the Technology Committee was created by the City Council and had been meeting on a regular basis. She said this Ordinance was to approve the bylaws. Mayor Pro-Tem Ferguson moved to waive further reading and pass Ordinance No. 935 to second reading. Motion was seconded by Kelly and carried by unanimous vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. B. ORDINANCE NO. 936 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 900, INCREASING THE MEMBERSHIP OF THE ART IN PUBLIC PLACES COMMISSION TO NINE MEMBERS WITH THREE NONVOTING LIAISONS. Councilman Spiegel moved to waive further reading and pass Ordinance No. 936 to second reading. Motion was seconded by Ferguson and carried by unanimous vote. For Adoption: None X. NEW BUSINESS A. REOUEST FOR APPROVAL OF THE REQUEST FOR PROPOSALS (RFP) AND FRANCHISE CONTRACT FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES FOR THE CITY OF PALM DESERT (CONTRACT NO. C17230). Mayor Pro-Tem Ferguson stated that he would be abstaining from participating in this matter inasmuch as Waste Management was one of his clients, and he had a conflict of interest. Councilman Spiegel stated that it was his understanding that this was a continuation of the City's current contract with Waste Management. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mrs. Gilligan stated that this was as a result of working with the consultant over the past several months to establish an RFP to bring to the Council for approval. She said that the consultant, Mr. Laith Ezzet, was in the audience to answer any questions. Upon question by Councilmember Benson, Mrs. Gilligan stated that there was a resident committee to deal with the issues of waste collection in the City, and there was representation from both the business and residential community. She added that their concerns had been addressed in the RFP. Councilman Kelly stated that he had visited a material recovery facility in Oxnard and noticed that hazardous wastes could be dropped off at the same time as dropping off aluminum cans or anything else. He said he wanted to be sure that this RFP included a reasonable way to dispose of hazardous wastes. Mayor Crites stated that the Council could grant conceptual approval subject to having Councilmembers' issues resolved. He suggested a minor change to the section which notes a requirement for a local office and said he felt an additional requirement should be to have some people in that office. He said he had received a lot of complaints about people calling Waste Management and not being able to get anyone to answer the phone. He said he would like to include a requirement that, whoever the contractor is, something should be done to ensure that people calling in will have their calls answered by a live human being rather than having no answer at all, or having an automated menu that leads nowhere, or being disconnected somewhere in the middle. Councilman Spiegel clarified that Mayor Crites was talking about normal working hours, and Mayor Crites agreed. Mayor Crites stated that in terms of AB939, the City of Palm Desert was currently at approximately 51 % and was actually at a higher percentage years ago. He expressed concern that the City was going backwards, and he felt whoever received this contract should provide as close to an ironclad guarantee as they can as far as a schedule of improvement that would take the City to 60% or 65 % over a certain number of years. He said he also felt that moving to completely commingled recyclables was a step in the wrong direction as well. Councilman Kelly stated he felt commingling would get a lot more recyclables into the recycle stream and was a much simpler process for people. Mayor Crites stated that with regard to commercial green waste, he noted the requirement to offer it at a reduced rate of 75 %, and he did not know how that compared with what was offered to residents in terms of the same service. Councilman Kelly stated that it was free for residential, but there would be a reduced rate of 75 % of the dump fees for commercial haulers to encourage them to recycle. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites stated that another issue came from today's Energy and Environment Committee. She said that Kay Hazen from Mine Reclamation Corporation had attended the meeting to give an update on the Eagle Mountain Landfill. He said the Committee unanimously recommended and would be going forward with a large group meeting in approximately a month for all the members of the Energy and Environment Committee, the MRF Committee which met for several years, and representatives from County Waste and Eagle Mountain. He said the purpose of the meeting would be to look at the issue of what to do as far as commitment or non -commitment of the waste stream in the future. He added that County Supervisor Roy Wilson was a strong proponent of looking at some commitments that could be made as well as making sure there is an opportunity for flexibility in the future. He said Supervisor Wilson's comment was that by the Year 2003, rail haul is going to happen through the Coachella Valley, and it is an issue about whether it is rail haul to Eagle Mountain or to Mesquite. He added that as this process progresses, he felt it was important that there is an opportunity to make decisions in concert with this RFP Councilman Kelly stated that he felt it was extremely important that the hauler and the dump sites are completely separate issues. Councilman Spiegel stated that the objective was to get the best, most economical, trash pickup for the citizens of Palm Desert. Councilman Spiegel moved to, by Minute Motion, approve the RFP and authorize staff to solicit such proposals for the franchise contract for integrated solid waste management services. Motion was seconded by Benson. MR. LAITH EZZET, Hilton, Farnkopf & Hobson, consultants, stated that an initial workshop had been held in September with subcommittee members Spiegel and Kelly to get some initial identification of key issues. Separate workshops had then been held with the residential and commercial communities, with another meeting with Councilmen Spiegel and Kelly to confirm the services that were to be included. The document was then drafted, and it had been circulated to the waste haulers for comment and to the City staff and interested members of the committees. The document had then been revised and was before Council for final approval to be let. He said it was not the intent to have another 30- or 60-day review period for the document. With regard to household hazardous wastes, he said this had been discussed in the committees, and the conclusion was that that service is usually provided by a different contractor, and if the City was going to pursue that, it would be done outside of this process. He said there was currently a household hazardous waste roundup sponsored by the County, where once a year these wastes can be taken and disposed of. Alternatively, he said the hauler can go once or twice a year and sponsor an event in the City. He said because this process would be subcontracted to another company, he was asked not to include it as part of this contract. He 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * said if Council wished, it could be added in, and it would add approximately $.25 to $.50 per home per month to the rate. Councilman Kelly said he felt it was important for the rest of the Council to visit the MRF he had seen because of its excellent system for handling hazardous wastes, and residents can dispose of their hazardous wastes at any time. He said he agreed the MRF needed to be separate from the hauler. Mayor Crites asked whether this document could be amended if the Council chooses to do so later, and Mr. Ezzet agreed. Mr. Ezzet stated that with respect to the local office, there is a requirement that during normal business hours, the office will be staffed. He said he would go back and make sure there would be a live operator, and this is something that could be written in if the Council approves the agreement with that change. With respect to the ironclad guarantee of improvement in recycling, he said the contractor was indemnifying the City and had to achieve the 50% waste diversion goal. He added that the programs that have been put in should result in an improvement of the automated curbside recycling program and increase the recyclables by 50% to 100% based on what they had seen in other programs. He said the green waste program for residential homes, which is currently approximately $3.00 per month for that service, is being drastically reduced to approximately $1.00 per home per month to make it much more accessible for most people. He said proposals would be submitted with projected diversion figures. He noted that with respect to preserving flexibility, the Council does have the ability to direct the contractor to use alternative disposal sites or processing sites, and there might be an adjustment to the rates associated with doing that. Councilman Kelly asked whether this proposal included the flexibility to control the waste stream, and Mr. Ezzet agreed. Mayor Crites called for the vote. The motion carried by a 4-0-1 vote, with Mayor Pro-Tem Ferguson ABSTAINING. B. REOUEST FOR APPROVAL OF MONTH -TO -MONTH EXTENSION OF WASTE MANAGEMENT SERVICES AGREEMENT WITH WASTE MANAGEMENT OF THE DESERT (CONTRACT NO. C096311. Councilman Spiegel moved to, by Minute Motion, approve the subject agreement extension and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 4-0-1 vote, with Mayor Pro-Tem Ferguson ABSTAINING. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REOUEST FOR AWARD OF CONTRACT FOR PLAN CHECK CONSULTANT SERVICES. Mrs. Gilligan stated that the City had had contracts for plan check services in the past for the larger commercial developments, and those contracts had expired. She said there was a need for that service within the Building Department. She noted that Mr. Bob Storchheim, Acting Director of Building and Safety, was in the audience and was available to answer any questions. Mayor Pro-Tem Ferguson asked that this matter be continued to Closed Session for reasons he said he would make apparent in Closed Session. Mr. Erwin suggested that the matter be continued to the 7:00 p.m. portion of the meeting. Mayor Pro-Tem Ferguson moved to continue this matter to the 7:00 p.m. portion of the meeting. Motion was seconded by Kelly and carried by unanimous vote. Mayor Pro-Tem Ferguson moved to, by Minute Motion: 1) Award building plan check contracts to: a) Berryman and Henniger, Santa Ana, California (Contract No. C17240); b) Esgil Corporation, San Diego, California (Contract No. C17250); c) Willdan, San Bernardino, California (Contract No. C17260); 2) appropriate $100,000 from the Unobligated General Fund Reserves to Building and Safety Professional Services Account No. 110-4420-422-3010 for the aforementioned services, subject to use only if projects are submitted requiring same. Motion was seconded by Spiegel and carried by unanimous vote. D. REOUEST FOR AWARD OF CONTRACT FOR ENGINEERING DESIGN AND ENVIRONMENTAL STUDY FOR THE FRED WARING DRIVE BRIDGE OVER THE PALM VALLEY CHANNEL AND STREET IMPROVEMENTS BETWEEN HIGHWAY 111 AND TOWN CENTER WAY. Mr. Folkers reviewed the staff report and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion: 1) Award subject contract (Contract No. C 17270) to ASL Consulting Engineers, Palm Desert, California, in the amount of $182,286 plus a ten percent (10%) contingency in the amount of $18,228.60 -- for a total project amount of $200,514.60; 2) appropriate $160,000 from the Measure A Fund (No. 213) to Account No. 213-4399-433-4001; 3) authorize the Mayor to execute said agreement. Motion was seconded by Kelly and carried by unanimous vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, GRANTING PRELIMINARY ARCHITECTURAL APPROVAL FOR A 9,260 SQUARE FOOT ADDITION TO THE EXISTING OFFICE/INDUSTRIAL BUILDING LOCATED AT 75-145 ST. CHARLES PLACE Case No. PP 99-22 (Joe Coker/Breeze Air, Applicant). Mr. Alvarez reviewed the staff report, noting the Architectural Review Commission voted 3-0-2 to grant preliminary approval (Commissioner Connor absent; Commissioners Holden and Van Vliet abstaining). He said the Architectural Review Commission indicated the project was compatible and consistent with the existing building to the north. He noted that the Planning Commission reviewed and approved the project at its January 18, 2000, meeting, and staff recommended that Council reaffirm the decision of the Architectural Review Commission. He offered to answer any questions. Upon question by Councilman Spiegel, Mr. Alvarez responded that the Planning Commission vote was 4-0, with Commissioner Lopez absent. Mayor Crites noted the letter from the St. Charles Partnership relative to their perception of parking deficiencies in this area, and he asked for staff's response. Mr. Alvarez stated that staff was currently looking at that issue. He said this business did not create any parking problems, and the majority of the other businesses had taken up some of their parking and used it for storage, and this is what created the problem. Mayor Crites asked staff to address the issues of height from pad and height from grade. Mr. Alvarez responded that the plans showed that the developed property to the north sits about three feet below the existing pad for the proposed addition. He said the way the ordinance reads, the City measures building height from the average elevation of the finished grade to the highest point of the structure. The established grade was in essence the existing property to the north. He said the addition would not exceed that height as it is carried out toward the south, although it would measure 33 feet from the new pad. Mayor Pro-Tem Ferguson asked if the parcel immediately to the south was significantly lower, and Mr. Alvarez responded that it was; however, the ordinance states that height is measured from the average elevation of the finished grade. He said the finished grade had been established, and it was the existing grade of the parcel already developed. Mayor Pro-Tem Ferguson stated that he remembered having this same discussion relative to the Berger Foundation building, which was a little more visible from Cook Street than this project is. He said he had visited the site earlier in the day and felt the parking problem as terrible and really needed to be looked at. He said development of this parcel would wipe out four on -street parking spaces. He asked if there was some form of buffer or mitigation 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * between the parcel to the south and the parking structures on the southern border of this parcel. Mr. Alvarez responded that there was ground cover proposed between the carport structures and the adjacent property to the south. Councilman Kelly asked if the parking problem was created by improper parking provided when the County was making approvals or if it was property being used for something different from what it was approved for or if the City's parking ordinance was inadequate. Mr. Drell responded that one of the issues was conversion of parking spaces to storage, and Code Enforcement had completed an analysis which would be taken to the Planning Commission. He said the problem was probably a combination of all three reasons listed by Councilman Kelly. He said staff was in the process of looking at the situation but had not yet formulated a recommendation. Upon further question by Councilman Kelly, Mr. Drell stated that staff would be going to Planning Commission with the report on Tuesday, February 15. Mayor Pro-Tem Ferguson stated that he had read Planning Commission Chairman Jonathan's comments with regard to his belief that the City had permitted too much conversion from industrial to office professional without adhering to its parking requirement, and he asked if staff agreed with those comments. Mr. Drell responded that some buildings had been built to office standards, and some had been built partially to office standards. He said basically the City requires parking for any building which assumes a certain amount of office. He added that staff would be coming back with specific recommendations on how to deal with this issue. Mayor Pro-Tem Ferguson moved to, by Minute Motion, affirm the Architectural Review Commission's decision of December 14, 1999, approving a 9,260 square foot addition to the existing office/warehouse building located at 75-145 St. Charles Place. Motion was seconded by Kelly and carried by unanimous vote. F. REVIEW OF ARCHITECTURAL REVIEW COMMISSION'S DECEMBER 14, 1999, DECISION IN THE MATTER OF A PROPOSED BUILDING AT THE SOUTHWEST CORNER OF MERLE DRIVE AND MELANIE PLACE Case No. PP 99-23 (Chris Van Vliet, Applicant). Mr. Steve Smith reviewed the staff report, noting that this was a currently vacant lot on which the applicant proposed to create two buildings. He said the majority would be one-story, although there was a small two-story element. He noted that the Architectural Review Commission had approved the project at its December 14, 1999, meeting with a 3-0-2 vote (Commissioners Holden and Van Vliet abstaining; Commissioner Connor absent). He said the Planning Commission, at its meeting of January 18, 2000, approved the project on a 3-0-1 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * vote, with Commissioner Jonathan abstaining in that he owns other property in the vicinity. He said staff' s recommendation was that Council affirm the action of the Architectural Review Commission, and he offered to answer any questions. Councilman Spiegel moved to, by Minute Motion, affirm the action of the Architectural Review Commission on December 14, 1999, in the matter of Case No. 99-23. Motion was seconded by Ferguson and carried by unanimous vote. G. CONSIDERATION OF THE FORMATION OF LA PALOMA 3 LANDSCAPING AND LIGHTING DISTRICT. With Council concurrence, Items G and H were considered together. Mrs. Gilligan stated that this would initiate proceedings for this Landscaping and Lighting District. She noted the staff report in the packets and stated that Mr. Tom Bassler was available to answer any questions. Mayor Pro-Tem Ferguson moved to waive further reading and adopt: 1) Resolution No. 00-11, initiating proceedings for the formation of the La Paloma 3 Landscaping and Lighting District; 2) Resolution No. 00-12, for preliminary approval of the engineer's report regarding the formation of the La Paloma 3 Landscaping and Lighting District; 3) Resolution No. 00-13, declaring the intention to form the La Paloma 3 Landscaping and Lighting District. Motion was seconded by Benson and carried by unanimous vote. H. CONSIDERATION OF THE FORMATION OF SANDPIPER COURT LANDSCAPING AND LIGHTING DISTRICT. With Council concurrence, Items G and H were considered together. Mrs. Gilligan stated that this would initiate proceedings for this Landscaping and Lighting District. She noted the staff report in the packets and stated that Mr. Tom Bassler was available to answer any questions. Mayor Pro-Tem Ferguson moved to waive further reading and adopt: 1) Resolution No. 00-14, initiating proceedings for the formation of the Sandpiper Court Landscaping and Lighting District; 2) Resolution No. 00-15, for preliminary approval of the engineer's report regarding the formation of the Sandpiper Court Landscaping and Lighting District; 3) Resolution No. 00-16, declaring the intention to form the Sandpiper Court Landscaping and Lighting District. Motion was seconded by Benson and carried by unanimous vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CONSIDERATION OF RECOMMENDATIONS MADE BY THE LEGISLATIVE REVIEW COMMTr1'I E ON VARIOUS PIECES OF LEGISLATION. Mrs. Gilligan stated that these pieces of legislation were reviewed by the Committee at its last meeting on January 26, 2000. She noted the report in the packets from Ray Janes. She said the Committee felt everything should be forwarded to the City Council for information, whether positive action was taken or not. Mayor Pro-Tem Ferguson moved to approve Items 1 through 6 of the staff report, noting that he would be abstaining from Item 7, and to waive further reading and adopt Resolution No. 00-17. Motion was seconded by Kelly. Councilman Spiegel questioned Item 6 with regard to Internet sales tax, and Mayor Pro-Tem Ferguson stated that he felt the issue should be studied. Mayor Crites asked if there was a motion to support the Committee's action on Items 1 through 5 and Item 7, with Item 6 to be taken up separately. Mayor Pro-Tem Ferguson and Councilman Kelly agreed. The motion carried by unanimous vote on Resolution No. 00-17 and for Items 1 through 5, and by a 4-0-1 vote on Item 7, with Mayor Pro-Tem Ferguson ABSTAINING. Councilman Spiegel stated he felt it was imperative, from a City standpoint, that the Council take a position of being in favor of taxing Internet transactions at a local level. Mayor Pro-Tem Ferguson asked where the point of sale is on an Internet transaction, and Councilman Spiegel responded that it would be the location of the person that makes the purchase. Mayor Pro-Tem Ferguson stated that he was not sure this legislation stated that, and Councilman Spiegel stated that this is the position he would recommend the City take. Councilman Kelly agreed. Mayor Crites stated that with regard to Item 6, the Council would be in favor of legislation that imposes sales tax on Internet transactions at the purchaser location. Council agreed. Mayor Crites stated that there were two representatives from the Chamber of Commerce in the audience, and he asked if the Chamber had a point of view on this issue. Because they were in the process of coming to a conclusion on this, Mayor Crites suggested continuing this Item 6 in order to wait for input from the Chamber of Commerce. Councilman Kelly moved to continue Item 6 for further review. Motion was seconded by Spiegel and carried by unanimous vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. CONSIDERATION OF RECOMMENDATION MADE BY THE TECHNOLOGY COMMITTEE FOR ENHANCEMENT OF THE CURRENT INFORMATION TECHNOLOGY UTILIZED THROUGHOUT CITY HALL. Mrs. Gilligan stated that the Technology Committee met the previous week and received a presentation from MIS Manager Doug Van Gelder relative to networking and the proposals to network in the future. After much discussion, it was recommended that the City contract for these services in an effort to expedite them. She said the contract would also include an investigation of the actual needs, not just current but future as well. She added that the Committee was forwarding a recommendation that the Council award a contract with an agency that is able to meet the needs of the contract in an amount not to exceed $50,000. Councilman Spiegel moved to, by Minute Motion, concur with the recommendation of the Technology Committee and engage the services of an outside consultant to perform an evaluation of the current management of information resources throughout City Hall and to make recommendation for enhancements to same, said contract in an amount not to exceed $50,000. Motion was seconded by Ferguson and carried by unanimous vote. K. PRESENTATION OF CENTRAL TRAFFIC SIGNAL SYSTEM DEMONSTRATION. Mr. Greenwood addressed the Council and stated that there had been several articles in the newspaper lately relative to traffic signal improvements throughout the Coachella Valley. He said staff wished to give the Council a brief demonstration of the City's system so far, and he proceeded to do so. He noted that there were currently 16 signals in the City included in the system where it is possible to send and receive data from the signals and know instantaneously the status. Councilman Spiegel asked if this system would indicate if a traffic signal was not working properly, and Mr. Greenwood responded that it would, and a technician would be sent out to fix it. Mr. Greenwood stated that in the future this data would be available over the Internet, and individuals could call it up to see what traffic conditions are at any signal. Mayor Crites asked if there was an economically feasible way to have this data available to everyone if they so wished to access it on their own computers. Mr. Greenwood responded that it was not feasible at this point in time. He said individuals would have to have this particular software on their computers and know the telephone number to access the system. Councilman Spiegel asked whether a police officer would be sent out when a signal is not working properly. Mr. Greenwood responded that the usual procedure is that when the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Sheriff's Department finds that a signal has failed, they notify the City of Palm Desert or the County Maintenance Department if it is after hours. However, he said this was something that could be done if Council wished. Councilmember Benson stated she felt it would be important to have an officer if there was a problem with a signal on Highway 111 or a major intersection. Mr. Greenwood stated that Highway 111 is part of a State system. He said the State will not allow the City access to its signals, and the City cannot see what is going on with those signals. Mayor Crites asked if there was a way to make sure the Sheriff's Department knows any time there is a problem with one of these signals. Mr. Greenwood responded that there were a variety of things that could be done to ensure that the Sheriff's Department is notified. Mayor Pro-Tem Ferguson stated that as a result of comments from the last Study Session, the Public Safety Commission was already planning to sit down with the Sheriff's Department to figure out how to get more response on construction sites, light failures, and other unique traffic situations that come up. Mr. Greenwood added that this system also has an automated system to count vehicles, and this information is downloaded every day, eliminating the need to set out traffic counters at these 16 locations. Mayor Pro-Tem Ferguson asked whether the data was collected here or if it was somewhere else, with City staff having to phone in and receive copies. Mr. Greenwood stated that the data was collected at each local intersection in the controller. When staff calls for it each night, the central computer calls the master computer at Country Club and Park Center, and it polls every intersection and receives all of the data. He said the data was actually on the hard drive at City Hall. L. CONSIDERATION OF RECOMMENDATION FROM THE NCAA INVITATIONAL GOLF EVENT FOR PARTICIPATION BY THE CITY AND DESERT WILLOW GOLF RESORT IN THE COLLEGIATE GOLF CUP INVITATIONAL. Mrs. Gilligan stated that the Golf Course Committee met on Monday to look at this, and the Committee unanimously recommended that the Council approve the use of Desert Willow Golf Resort and City participation in the event. She added that Mr. Gregg Lindquist was available to answer any questions. Upon question by Councilman Spiegel relative to when this event is scheduled, Mr. Lindquist responded that it was proposed to take place on November 5, 6, and 7 of this year. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * el Councilman Spiegel moved to, by Minute Motion, approve the City's participation and the use of Desert Willow Golf Resort in this event. Motion was seconded by Ferguson and carried by unanimous vote. Councilman Kelly stated that this was going to be an excellent tournament for the City of Palm Desert. XI. CONTINUED BUSINESS A. REOUEST FOR APPROVAL OF REVISED AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR ELECTRICAL FACILITIES IN THE CITY OF PALM DESERT (CONTRACT NO. C17020) (Continued from the meeting of January 27, 2000). Councilman Spiegel moved to, by Minute Motion, continue this matter to a date uncertain. Motion was seconded by Ferguson and carried by unanimous vote. B. REOUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C15420 -- CIVIC CENTER EAST WING TENANT IMPROVEMENTS (Continued from the meeting of January 27, 2000). Councilman Spiegel moved to, by Minute Motion: 1) Approve the subject change order to the contract with Gamut Construction, Claremont, California, in the amount of $2,010.73 and authorize the Mayor to execute same; 2) authorize the appropriation of $2,010.73 from the Unobligated Construction Tax Fund to the Project Account. Motion was seconded by Ferguson and carried by unanimous vote. XII. OLD BUSINESS A. CONSIDERATION OF CITY SPONSORSHIP OF "MOST IMPROVED STUDENT" AWARDS AT PALM DESERT SCHOOLS. Mrs. Gilligan noted the staff report in the packets from Director of Finance Paul Gibson. She said the recommendation was that this matter be referred to the Outside Agency Funding Committee for review and recommendation as it relates to other contributions that the City makes to other schools within the City. Mayor Pro-Tem Ferguson stated that he was first approached by Mr. Groner with this idea, with the concept that the City would do something to recognize students who were the most improved. He said this was partially in recognition of the fact that they probably are not going to get the highest academic honors time and again, but if they make a significant improvement, whether they go from failing to C's or from D's to B's, that merit should be recognized. He said he had stated at the last Council meeting that he felt this was a good idea. He said no 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * mention of money was made at that point, and he was not sure he agreed with the monetary amounts that had been associated with it. Mr. Gibson stated that part of the Committee's function would be to review that and make a final recommendation. He said the proposal outlined Mr. Groner's ideas. Councilman Spiegel stated that there were private schools in Palm Desert that participated in the Art & Essay Contest, and he asked if they should be included in this award program as well. Mayor Pro-Tem Ferguson said when he was first approached, it was to recognize students within the City of Palm Desert who make a marked improvement. If the principal of a school (be it parochial, private, public, or otherwise) turns in a list of students who had done remarkably well, he felt these students should be given a proclamation or a resolution or some other kind of pat on the back. Mayor Crites stated that he felt it was important to include the schools and the District. He said he felt the City was stepping into an area that is the purview of the schools and the District, and they may or may not be doing things of this nature. Council agreed. Councilmember Benson moved to, by Minute motion, refer this matter to the Outside Agency Funding Committee, subject to staff's contacting appropriate officials at the schools and the school district for their concurrence with the program. Motion was seconded by Ferguson and carried by unanimous vote. B. REOUEST FOR APPROVAL OF MODIFIED DESIGN DEVELOPMENT FOR THE CIVIC CENTER PARK INTERPRETATIVE SIGNAGE PROGRAM. Community Arts Manager Carolyn Miller reviewed the staff report, noting that the proposed revised addition had been approved by Art In Public Places at its January meeting. Mayor Crites stated that he felt the direction of Council was that there are areas such as plant identification, the Rose Garden, Rotary Park, Art In Public Places pieces, the Date Grove, etc., that needed interpretation in signage; however, he said he had the perception at the time that the themes that were being used were not ones that had much resonance with his colleagues. Mayor Pro-Tem Ferguson stated that to him, this was 180 degrees opposite of what the park is and what it stands for, the quaintness and charm, the small community feel, etc. He agreed with Mayor Crites that the Council had identified certain areas where it would like to see signage, but not the particular type of signage being proposed. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly agreed. Councilman Spiegel asked if it would make sense to use the signage where it is advantageous (such as near the roses to identify the type) and then put together a nice brochure that tells anyone coming in here what the City tried to accomplish with the Date Grove, the Holocaust Memorial, the Rose Garden, the Skateboard Park, the various pieces of art in the park, etc. Mayor Pro-Tem Ferguson stated he felt Palm Desert's park was very unique and wonderful, and he would like to see a walking tour with a brochure that people could take which would explain everything in the park. With regard to the proposed signage, he said he was sure there were contemporary cities that would love this type of signage program; however, he did not think it was right for Palm Desert. Mayor Crites stated that while he agreed with Councilman Spiegel, the percentage of people who go to the park who would have that brochure was relatively small. He said there were a few places, such as the Date Garden, where the Council said it wanted to keep a piece of how Palm Desert got its name, which was from the date groves that once covered most of the land. He said he felt places like that needed some interpretation. Councilman Spiegel said he felt it would be used more by educators for their students, and he suggested that a docent program be developed in the future for the park. Councilman Kelly stated that his understanding was that the Council had decided it did not want any of this, that it wanted to have some signs but wanted to start over and do something that fit into the park as it is today. He said he still felt the whole program should be started over and designed so that it fits with what is already in the park. Councilmember Benson stated that her recollection was that there were some things the Council liked and some it did not like. She said she did think the history panel of what was going on was one of the things that was acceptable. Mayor Crites stated his interpretation was that the concept was good, and something needed to be done; however, no one was particularly excited about the obelisk. Ms. Miller displayed the preliminary design image done by the design team of the portrait work to be installed at Legends Field. Councilman Spiegel noted that Community Affairs Specialist Pat Scully was putting together a very large event for March 25, 2000, for the Legends Field, and the Legends Field portraits needed to be done before that event. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson moved to, by Minute Motion: 1) Deny the modified design development and terminate the contract with Artefact Design and Education/Design Link for the Civic Center Park Interpretative Signage Program; 2) approve the design program the team had developed for the Legends Field portraits. Motion was seconded by Spiegel and carried by unanimous vote. C. REOUEST FOR AWARD OF CONTRACT FOR RESURFACING AT THE INTERSECTION OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE (CONTRACT NO. C16010A, PROJECT NO. 640B). Mr. Folkers reviewed the staff report, noting that this intersection was currently under construction. He said the contractor of record, Cooley Construction, was not unionized and had been unable to procure the rubberized asphalt. He said that, based on Council's approval, staff had gone out to bid, with Granite Construction of Indio being the low bidder. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $206,604.60 plus a ten percent (10%) contingency in the amount of $20,660.46 -- project totaling $227,265.06; 2) authorize the Mayor to execute the agreement -- funds are available in the Project Account. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Mayor Pro-Tem Ferguson ABSTAINING. Mayor Pro-Tem Ferguson stated for the record that he represented Granite Construction Company. D. REOUEST FOR APPROVAL OF UTILITY UNDERGROUNDING CONVERSION FOR HIGHWAY 111/PANORAMA DRIVE LOCATION. Mrs. Gilligan noted the report in the packets from Mr. Pat Conlon and stated that he was available to answer any questions. Councilman Kelly stated that he had noticed on Gerald Ford at the location of the new Marriott maintenance facility a power pole had been placed, with overhead wires across Gerald Ford to serve a riser that goes into the maintenance operation. He asked if the City had an ordinance that prohibited the setting of those poles and required undergrounding from the original pole. Mr. Conlon responded that there was an ordinance and that he would have to look into this matter to see whether or not it is a temporary situation. Councilman Kelly stated that it was not temporary, and he asked that staff look into this and report back to him. Mr. Conlon stated that there was a change in the staff recommendation as shown on the Agenda. He noted that bids had been received and opened after the Agenda was posted. Only 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * one bidder responded, and the bid was too high. He said staff was requesting that the Council reject that bid and authorize staff to negotiate with a responsible contractor for a lower price. Councilman Spiegel moved to, by Minute Motion: 1) Approve the attached Southern California Edison Work Order (#6479-7227, 97203) in the amount of $19,049.65 for the cabling and equipment necessary to convert overhead to underground service; 2) approve the attached GTE Work Order (#0547- 3P001PL) in the amount of $4,140.49 for the underground service conversions; 3) reject the sole bid received from System Electric, Inc., for installation of underground conduit, service equipment, and new street light (replacement) for the underground service conversion (Contract No. C 170101; 4) authorize staff to enter into negotiation with a responsible contractor and report back to Council with a recommendation for its consideration; 5) authorize the Director of Finance to appropriate $23,190.14 from Unallocated Construction Tax Funds for the above Edison and GTE Work Orders. Motion was seconded by Benson and carried by unanimous vote. E. CONSIDERATION OF AMENDMENT TO THE CONDITIONS ESTABLISHED FOR THE BUS SHELTER ADVERTISING PROGRAM. Mrs. Gilligan noted the report in the packets outlining what the Promotion Committee had done to implement the program. She said Council's original conditions included submittal of ads to the Architectural Review Commission; however, in looking at the program as set up, that seemed to be an unnecessary step. The Committee also expressed concern with the condition relative to prohibiting businesses in competition with Palm Desert businesses from advertising on the bus shelters and wanted to take this issue to the El Paseo merchants and to the Chamber of Commerce to see if there is concurrence. She said if another city were to take the same position, Palm Desert businesses would not be allowed to advertise in those cities on their bus shelters. MS. VALERIE VAN WINKLE, representative of Canyon National Bank, stated that she had spoken with several people within the Chamber of Commerce and on the City Council relative to the issue of the bus shelter advertising. She said as she understood it, the advertising on the shelters would be limited only to Palm Desert -based businesses. She said Canyon National Bank had budgeted and planned to locate a second branch and had targeted the City of Palm Desert. She noted that as recently as 15 days ago, they had an exploratory contract with a particular building in Palm Desert to locate a branch here; however, that had fallen through, and they were looking for another location. She said they had been advertising for the past year on two rotating bus shelters in the City of Palm Desert, primarily because they wanted to create customer awareness of the bank, and this advertising had been very successful, with many retail and commercial customers approaching them with regard to doing business at Canyon National Bank when the new branch opens in Palm Desert. She asked that the Council consider allowing Canyon National Bank to continue advertising on the bus shelters in Palm Desert, with the stipulation that they would be locating in Palm Desert by October 1, 2000. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mrs. Gilligan stated that the Promotion Committee subcommittee had considered this and felt that if a business was going to be locating in Palm Desert within three months, they should be allowed to advertise. However, in this particular case, staff had checked with the Planning Department and found that there had been no applications filed, and the City had not been notified in any way. The subcommittee recommended against it in accordance with the City's condition. Councilman Kelly moved to, by Minute Motion, concur with the recommendation of the Promotion Committee and approve the amendments as proposed. Motion was seconded by Benson and carried by a 4-0-1 vote, with Mayor Pro-Tem Ferguson ABSENT. XIII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore noted the report in the packets relative to retail vacancies. She offered to answer any questions. 2. Progress Report on Desert Willow Clubhouse Facility Mrs. Gilligan noted that a soft opening of the clubhouse facility had been scheduled for March 7, 2000, with the grand opening scheduled for March 29, 2000. B. CITY MANAGER None C. CITY ATTORNEY 1) Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Denise Oakley and Denise Weller v. City of Palm Desert, United States District Court - Central District of California, Case No. 99-07432MMM b) City of Palm Desert v. J. M. Madera, LLC (Caesar's Emperor), Riverside County Superior Court Case No. INC 012724 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3_ Mr. Erwin requested a Closed Session at an appropriate time to consider items as shown on the Agenda. He asked that the Council also consider the addition of the following items: Conference with Legal Counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Councilman Spiegel moved to add these items to the Closed Session Agenda. Motion was seconded by Benson and carried by unanimous vote. Mayor Pro-Tem Ferguson moved to add the following item to the Closed Session Agenda: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Stull v. Bank of America NT&SA, et al., Superior Court for the State of California, City and County of San Francisco, Case No. 968-484 Motion was seconded by Spiegel and carried by unanimous vote. 2) Report and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK 1. Reminder of Joint City Council/RDA Study Session to Review FY 1999/2000 Projects and Preliminary Review of FY 2000/2001 at 1:00 p.m. on Monday, February 14, 2000. Ms. Klassen reminded the Council about the Joint City Council/RDA Study Session scheduled for Monday, February 14, 2000, at 1:00 p.m. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: 1. Councilman Kelly reported that he had taken a trip to Oxnard to look at the Material Recovery Facility (MRF). He said in light of the discussion at this meeting, he felt it was important for some of the other Councilmembers to visit this facility as well. He said it was an outstanding facility, with public art designed with it. He noted that his host was Tom Noble, who was in the audience, and he had a piece of property in Palm Desert and was planning on doing something similar to Oxnard. He said he felt it would be a good opportunity for the City of Palm Desert to tie something in with the waste hauling contract. Upon question by Councilman Spiegel, Councilman Kelly stated that he had indicated there was a similar type of facility in Sacramento, and with several of the Councilmembers planning to travel to Sacramento shortly, it would be a good opportunity to coordinate something with Mr. Noble to look at that facility. MR. TOM NOBLE, Palm Desert, stated that the facility in Sacramento was approximately a year and a half newer than the one in Oxnard, and the two were very similar. 2. Mayor Crites reported that CVAG's Energy & Environment Committee had a presentation by Steve Bigley from CVWD relative to the issues of MTBE, an additive that is highly successful in removing pollutants from the air but which is equally successful in producing groundwater pollution if it leaks into the ground. He said there were minor problems in the Coachella Valley, but one of the issues CVWD was explaining was that right now tanks are checked only once per year. He said given the expense of remediation for these leaks, and the fact that the leaks are difficult to remediate, and it does have an impact on taste at very low levels, the Energy & Environment Committee had asked staff to come back with a report relative to the cost of funding the program in the Coachella Valley so that all underground storage tanks are checked multiple times per year. That way, if there is a leak, the time between the opening of the leak and detection would drop from one year to perhaps just a couple of months, and this would make remediation a lot less expensive. 3. Mayor Crites stated that he and Councilmember Benson had an opportunity to represent the City Council at the 25th Anniversary of Ironwood Country Club. He said they were presented with the first copy of the first edition of their 25 Years of Excellence book. He circulated the book to the Council for its review. He noted that the people at the event were very complimentary of the City of Palm Desert, especially its Public Art Program. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to adjourn the meeting at 5:40 p.m. to Closed Session following consideration of the Redevelopment Agency and Housing Authority Agenda. Motion was seconded by Ferguson and carried by unanimous vote. Mayor Crites reconvened the meeting at 7:00 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Please see New Business Item C for Council discussion and action. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE COMMITTEE AND COMMISSION MEMBERS FOR THEIR SERVICE TO THE CITY: RICK HOLDEN AND FRANK URRUTIA FOR THEIR SERVICE ON THE ARCHITECTURAL REVIEW COMMISSION; BILL POWERS FOR HIS SERVICE ON THE PROMOTION COMMITTEE. On behalf of the entire City Council, Mayor Crites presented an award to Rick Holden and Frank Urrutia (at the 4:00 p.m. portion of the meeting) for their service to the City as members of the Architectural Review Commission. With Council concurrence, the presentation to Bill Powers was continued to the meeting of February 24, 2000. B. APPOINTMENT OF CITY OF PALM DESERT REPRESENTATIVE TO THE JOSLYN COVE SENIOR CENTER. Councilman Spiegel moved to, by Minute Motion, appoint David Brody as the City's representative to the Joslyn Cove Senior Center. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. C. APPOINTMENT OF CITY COUNCIL LIAISON TO THE SISTER CITY SUBCOMMITTEE OF THE CIVIC ARTS COMMI 11 i t. Mayor Pro-Tem Ferguson moved to, by Minute Motion, appoint Mayor Crites to the Sister City Subcommittee of the Civic Arts Committee. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilmember Benson ABSENT. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. PUBLIC HEARINGS With Council concurrence, Public Hearing B was considered prior to Public Hearing A. A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A 10,000 SQUARE FOOT RESTAURANT AND, AFTER 9:00 P.M., A BAR, LOUNGE, AND NIGHTCLUB WITH DANCING, INCLUDING LIVE MUSIC AND DISC JOCKEYS, IN THE BUILDING LOCATED AT 72-600 DINAH SHORE DRIVE Case No. CUP 99-8 (Caesar's Emperor, Appellant) (Continued from the meeting of January 13, 2000). Mr. Drell noted the staff report in the packets and offered to answer any questions. Mr. Erwin noted that a letter had been received earlier in the day from Mr. Jesse Jimenez requesting continuance of this matter for an unlimited amount of time. In addition, a telephone call was received from Mr. Royale also requesting continuance. Mayor Pro-Tem Ferguson stated that he had requested the pleading files from the City Attorney on this matter and had gone through them at length. He said he was convinced in talking with staff that this was a law enforcement problem rather than a land use problem. He said he had also met with the Police Captain earlier that day and was advised that there had been absolutely no incidents whatsoever since July when the stipulated preliminary injunction went into place. He said he understood from staff that the conditions in the stipulated preliminary injunction had become conditions of approval that staff was now recommending. He noted that he had also gone back and looked at activity at some of the other night clubs in Palm Desert, and the disparity was significant. He added that his hunch, although he had never talked to the applicant or met him, was that given the way this whole thing came down, the applicant probably feared for his business and had a court order that allowed him to operate as long as the City does not take action on it. He said if the Council was of a mind to approve the conditional use permit, he did not see any reason to continue this matter any longer. He said the trial had been set for March 27, 2000, and the City was incurring attorney fees in preparation for that trial. He added that he could not see a good reason to turn him down. He said if the Council was going to turn him down, his sense of fairness would say the matter should be continued to give the applicant a chance to be heard, although he had had numerous continuances and had been on notice since December that his attorney was retiring. Councilmember Benson stated that her understanding was that if the Council were to grant this approval and there was a further incident, the City could close the business down again. Mr. Erwin agreed and said it could be done through another hearing process. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. No testimony was offered, and he declared the public hearing closed. Mayor Pro-Tem Ferguson moved to waive further reading and adopt Resolution No. 00-18, granting the appeal and approving CUP 99-8, modified to reflect a minimum age of 21 after 9:00 p.m. as opposed to 18. Upon question by Councilmember Benson, Mayor Pro-Tem Ferguson stated that the stipulated preliminary injunction said 18 and over after 9:00 p.m., and staff recommended 21 and over after 9:00 p.m. Motion died for lack of a second. Councilman Spiegel said an alternative motion would be to continue this matter for either one or two meetings, some time prior to the trial date, and ask the applicant to address the Council as to what he plans to do out there and how he plans to control the problems that existed some months ago. Councilman Kelly stated that he would like to hear from the applicant. If the applicant does not wish to address the Council, he said he would be comfortable denying the appeal. Mayor Pro-Tem Ferguson asked whether the physical presence of the applicant a condition upon which the Council can turn down a conditional use permit, and Mr. Erwin responded that it normally was not. Councilman Kelly stated that if he did not hear from the applicant, he would not have sufficient information to approve the request. Mr. Erwin stated that if it was the Council's desire to continue this matter, he would recommend that it be continued no longer than to the next meeting. Mayor Pro-Tem Ferguson moved to continue this matter to the meeting of February 24, 2000, with notice to the applicant that he or his attorney need to attend that meeting. Motion was seconded by Kelly and carried by unanimous vote. B. CONSIDERATION OF VACATION OF STREET RIGHT-OF-WAY -- PALM DESERT DRIVE SOUTH, WESTERLY OF PORTOLA AVENUE (Sherman-Shrader Enterprises, Applicant). Mr. Folkers reviewed the staff report, noting that this was located on the southwest corner of Portola and Highway 111. He offered to answer any questions. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 10, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. No testimony was offered, and he declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-19, vacating a portion of public right-of-way known as Palm Desert Drive South. Motion was seconded by Ferguson and carried by unanimous vote. XVII. ADJOURNMENT Upon motion by Spiegel, second by Ferguson, and unanimous vote of the Council, Mayor Crites adjourned the meeting at 7:11 p.m. to Closed Session to consider items listed under City Attorney Reports and Remarks. He reconvened the meeting at 7:55 p.m. and, with no action announced from Closed Session, immediately adjourned to 11:30 a.m. on Wednesday, February 16, 2000, for the purpose of conducting a Closed Session. ATTEST: /' " 2 BUFORD A. CRITES, MAYOR RACHELLE D. KLASSEN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 29