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HomeMy WebLinkAbout2001-06-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JUNE 14, 2001 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Pro-Tempore Kelly convened the meeting at 4:04 p.m. II. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Richard S. Kelly III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Councilman Buford A. Crites Councilman Robert A. Spiegel Mayor Jim Ferguson Mayor Pro-Tempore Richard S. Kelly Also Present: Sheila R. Gilligan, Asst. City Manager for Community Services/City Clerk David J. Erwin, City Attorney Richard J. Folkers, Asst. City Manager for Development Services Phil Drell, Director of Community Development Teresa La Rocca, Director of Housing Martin Pinon, Director of Human Resources Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment J. Luis Espinoza, Finance Operations Manager Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. ROB BALLEW, Director, Family YMCA of the Desert, invited Councilmembers to two upcoming events, VIP Day at Camp Oakes on June 29, and the graduation ceremony tomorrow evening, June 15, for children of the Jean Benson Preschool. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 MS. SUSAN HOFHEINZ, 74-520 Yucca Tree, addressed the Council regarding the ice rink closure. She said she felt the City Council had an obligation to require that the Westfield Shoppingtown keep the skating rink open until a new surface is ready. MS. SANDRA WRIGHT SCHULZ, 10 Florence Lane, Palm Desert, also addressed the issue of the ice rink closure. She said it was not humanly possible to create a interim facility that would be in place by July 4th. In addition, she said there was no apparent requirement at the mall for any imminent construction in the vicinity of the ice skating rink, and no tenants of the food court had been given notice of any kind that they would be disturbed in any way. She said she felt the decision on Westfield's part to close on July 4th does not serve the community, does not serve the City, and is unnecessary, insensitive, callous, and cruel to those who skate. She asked that the Mayor's mandate of May 24th be honored by keeping the current facility open. Mayor Pro-Tem Kelly stated that the City was doing everything possible to help provide an ice rink MR. MICHAEL BRACKEN, Coachella Valley Economic Partnership, made a progress report on the business energy audit program being conducted by his organization in conjunction with the Palm Desert Chamber of Commerce. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF CERTIFICATES OF APPRECIATION TO 2000/01 STUDENT WORK PROGRAM PARTICIPANTS. Certificates of Appreciation were presented to the participants in the 2000/2001 Student Work Program: Sheena Bradley, Jennifer Diaz, Virginia Vera, and Vera Mortalena. B. APPOINTMENT OF A MEMBER OF THE CITY COUNCIL TO THE NEWLY CREATED SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ADVISORY COMMITTEE. Councilman Spiegel stated that although Councilman Crites was not present, he had discussed with him this appointment, and he was interested in serving as the City's representative. Councilman Spiegel moved to, by Minute Motion, appoint Councilman Crites to the subject committee. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 24, 2001, the Special City Council Meeting of May 18, 2001, and the Adjourned Joint Meeting of the City Council/Redevelopment Agency of May 25, 2001. The Minutes of the Adjourned Joint Meeting of May 25, 2001, were continued to the meeting of June 28, 2001, and the remainder of the Minutes were approved as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 101, 102, and 102PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#450) by Randy Adams in the Amount of $450.00. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY'S PORTFOLIO MANAGEMENT SUMMARIES for the Months Ending March 31, and April 30, 2001. Rec: Receive and file. E. MINUTES of City Committee and Commission Meetings. 1. Civic Arts Committee Meeting of April 9, 2001. 2. Investment & Finance Committee Meeting of March 21, 2001. 3. Library Promotion Committee Meeting of April 11, 2001. 4. Sister Cities Subcommittee Meeting of April 2, 2001. 5. Technology Committee Meeting of May 1, 2001. Rec: Receive and file. F. LETTER OF RESIGNATION from Peggy Steen from the General Plan Advisory Committee. Rec: Receive with sincere regret. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 G. REQUEST FOR CERTIFICATION, of Director and Alternates for the California Joint Powers Insurance Authority (CJPIA). Rec: By Minute Motion: 1) Certify the Mayor as Director and the Risk Manager and Director of Finance/City Treasurer as Alternates to the California Joint Powers Insurance Authority; 2) authorize the Risk Manager to represent the City of Palm Desert and participate in voting activity on its behalf at the CJPIA's Annual Board of Directors Meeting on July 18, 2001. H. REQUEST FOR APPROVAL of Payment to the Coachella Valley Association of Governments (CVAG) for Fiscal Analysis for Proposed Coachella Valley Animal Campus. Rec: By Minute Motion: 1) Approve payment to CVAG in the amount of $4,975 for the subject services; 2) authorize the Director of Finance/City Treasurer to appropriate said funds from Unobligated General Fund Reserves for this purpose. I. REQUEST FOR RATIFICATION of Contract with SunLine Services Group for Catch Basin Cleaning. Rec: By Minute Motion, ratify the subject contract with SunLine Services Group, Thousand Palms, California, in an amount not to exceed $30,000. J. REQUEST FOR AWARD OF CONTRACT for Professional Services — Right -of -Way Acquisition and Relocation Services — Fred Waring Drive Widening Project Between San Pascual Avenue and Deep Canyon Road (Contract No. C19020). Rec: By Minute Motion: 1) Award the subject contract to Overland Resources, Palm Desert, California, in the amount of $17,500; 2) authorize the Mayor to execute same — funding for this agreement is available in the current Capital Improvements Program Budget. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 K. REQUEST FOR AWARD OF CONTRACT for Environmental Documents, Design of Plans, Specifications, and Estimates and to Provide Construction Staking for Portola Avenue Widening from Alessandro Drive to El Cortez Way (Contract No. C19030). Rec: By Minute Motion: 1) Award the subject contract to The Keith Companies, Palm Desert, California, in the amount of $44,000; 2) authorize the Mayor to execute same. L. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. C15390 — Engineering Design of the Widening of Gerald Ford Drive from Portola Avenue to Cook Street (Project No. 677-99). Rec: By Minute Motion: 1) Approve Change Order No. 3 in the amount of $3,500 to the subject contract with The Keith Companies, Palm Desert, California, for a new median from Portola Avenue to Station 15+00 of Gerald Ford Drive, revision of street improvement plans, and revision of the approved median and lane width; 2) authorize the Mayor to execute same. M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C18330 — Citywide Tree Trimming Program (Project No. 587-01). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $2,315 to the subject contract with United Pacific Services, La Habra, California, for additional tree trimming services; 2) authorize the Mayor to execute same; 3) authorize the transfer of said funds from contingency to base for this project N. REQUEST FOR APPROVAL of Final Tract Map 29489 (Severin & Co., LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 01-66, approving the final subdivision map of Tract No. 29489 and approving the agreement relating thereto. O. REQUEST FOR APPROVAL of Contract with Palm Springs Desert Museum for Exhibition Sponsorship (Contract No. C19040). Rec: By Minute Motion, approve the subject agreement for funding support in the amount of $85,000 for the After the Dinosaurs: Ice Age Mammals exhibition. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 P. REQUEST FOR APPROVAL of Amended Requirements for Desert Willow Bus Shelter and Bureau of Land Management Kiosk Projects. Rec: By Minute Motion: 1) Amend the agreement for construction of the Desert Willow Bus Shelter to allow a 20% retention in lieu of the Performance Bond and require general liability insurance based on the risk factor and cost of the project; 2) amend the agreement for construction of the BLM kiosk to allow a 20% retention in lieu of the performance bond and require general liability insurance based on the risk factor and cost of the project. REQUEST FOR APPROVAL of Special, Eight -Page, Energy Crisis Edition of the Bright Side Newsletter. Rec: By Minute Motion: 1) Approve the special eight -page Bright Side edition, focusing on the energy crisis; 2) appropriate $12,800 from the Unobligated General Fund for this purpose, as follows: a) $2,200 for Writing and Production (Account No. 110-4417-414-3026); b) $6,500 for Printing (Account No. 110-4417-414-3610); c) $4,100 for Postage (Account No. 110-4417-414-3660). R. CONSIDERATION of Action Taken by the Legislative Review Committee at its Meeting of May 15, 2001. Rec: By Minute Motion, concur with the action taken by the Committee, and direct staff to prepare for the Mayor's signature a letter of: 1) Support with regard to AB 81 (Brulte) relative to Internet sales tax; 2) opposition with regard to AB 369 (Dutra) relative to approval of affordable housing projects; 3) opposition with regard to the concept of AB 680 (Steinberg) relative to redistribution of sales tax in the six -county Sacramento region; 4) opposition with regard to AB 1014 (Papan) relative to requests for public documents; 5) opposition with regard to AB 1050 (Kehoe) relative to provisions of Closed Session Meetings; 6) support with regard to AB 1567 (Runner) relative to housing credits for mobile home parks; 7) support with regard to SB 211 (Torlakson) relative to redevelopment agencies acting pursuant to their redevelopment plan; 8) opposition with regard to SB 910 (Dunn, Burton, Hayes, Monteith) relative to compliance with the State's housing element; 9) opposition with regard to SB 974 (Torlakson) relative to charter cities' flexibility in various matters; 10) opposition with regard to SB 1128 (Kuehl) relative to unemployment insurance; 11) support with regard to SBX1 30 (Brulte) relative to property tax derived from locally assessed electrical generation property. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 S. REQUEST FOR WAIVER of Fees for Olympic Development Program at the Paim Desert Soccer Park. Rec: By Minute Motion, waive usage and reservation fees associated with the subject program to be held July 30 - August 3, 2001, hosted by Palm Desert Youth Soccer and Desert United Soccer Club. T. REQUEST FOR APPROVAL of Skate Park Demonstrations Up to Four Times Per Year. Removed for separate consideration under Section VIII, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. U. REQUEST FOR APPROVAL of Sponsorship of the United States Tennis Association's Men's Satellite Tournament and Paim Desert Kids Carnival at Shadow Mountain Resort & Club. Rec: By Minute Motion, approve sponsorship of the subject events in the amount of $16,500, as recommended by the Promotion Committee at its meeting of April 17, 2001 — funds for this purpose are available in the FY 2000/01 Budget, Account No. 110-4416-414-3061. Following the dinner break and Closed Session, Councilmember Benson moved to reconsider Item U of the Consent Calender. Motion was seconded by Spiegel and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. Councilmember Benson stated that the City had been asked to sponsor the Palm Desert Kids Carnival three years ago, and it had done so. Shadow Mountain had now lost its sponsor for the tennis clinic and asked that the City take over sponsorship in the amount of $16,500. She expressed concern that this was something that the City would be asked to sponsor again next year rather than the organization seeking another title sponsor, although she was not against the City's sponsorship of the Kids Carnival itself as a separate entity from the tournament. Councilman Spiegel suggested that the name be changed from Palm Desert Kids Carnival to Shadow Mountain Tennis Clinic. Councilman Spiegel moved to, by Minute Motion, approve the recommendation with the request that the event be named the Shadow Mountain Tennis Clinic (rather than Palm Desert Kids Carnival) and with the understanding that the City would provide one-year 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 sponsor funding for the tournament, asking the organization to seek another title sponsor for the future. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. V. REQUEST FOR APPROVAL of Visitor Information Center Reception for the Desert Concierge Association. Removed for separate consideration under Section VI II, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. W. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Civic Center Energy Conservation Update 3. Report on Portola Avenue Striping Project 4. Report on Recycling Programs at Housing Authority Properties Removed for separate consideration under Section Vlli, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. Mrs. Gilligan requested that Items T and V be removed for separate discussion under Section VI II of the Agenda. She also asked that the Minutes of the Adjourned Joint Meeting of May 25, 2001, be continued to June 28, 2001. Councilman Spiegel moved to continue the Minutes of the Adjourned Joint Meeting of May 25, 2001, to June 28, 2001, and to approve the remainder of the Consent Calendar as presented. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. VIII. CONSENT ITEMS HELD OVER T. REQUEST FOR APPROVAL of Skate Park Demonstrations Up to Four Times Per Year. Mrs. Gilligan asked that this matter be continued to a time uncertain. She said there were reports from the Park & Recreation District and the Police Department that staff would like to review before this recommendation is before the Council. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 Councilman Spiegel moved to continue this matter to a time uncertain. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. V. REQUEST FOR APPROVAL of Visitor Information Center Reception for the Desert Concierge Association. Mrs. Gilligan asked that this item be pulled because the reception had been canceled. Councilman Spiegel moved to accept the withdrawal of this item from the Agenda. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. W. INFORMATIONAL ITEMS 4. Report on Recycling Programs at Housing Authority Properties Councilman Spiegel stated that he had received information from Mark Wasserman of Waste Management relative to the first full month of this program. He said in May of 2000, the City of Palm Desert recycled 239 tons; in May of 2001, the City recycled 290 tons with the new recycle bins. He asked that those residents not currently recycling begin to do so. With Council concurrence, this report was received and filed as an Informational Item. IX. RESOLUTIONS None X. ORDINANCES For Introduction: None For Adoption: None 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 XI. NEW BUSINESS A. REQUEST FOR APPROVAL OF PRESIDENT'S PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ASSESSMENT LEVY FOR FISCAL YEAR 2001/02. Mrs. Gilligan noted the staff report in the packets. Councilmember Benson moved to waive further reading and adopt: 1) Resolution No. 01-67, ordering the levy and collection of assessments for FY 2001/02; 2) Resolution No. 01-68, approving the management district plan for President's Plaza property and business improvement district for FY 2001/02. Motion was seconded by Spiegel and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. B. REQUEST FOR APPROVAL OF CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING DISTRICT FISCAL YEAR 2001/02 ENGINEER'S REPORT AND ASSESSMENT PROCEEDINGS. Mrs. Gilligan noted the staff report in the packets. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 01-69, initiating proceedings for the levy and collection of assessments for the Consolidated Palm Desert Landscape and Lighting District, FY 2001/02; 2) Resolution No. 01-70, declaring the intent for the levy and collection of assessments for the Consolidated Landscape and Lighting District, FY 2001/02; and 3) Resolution No. 01-71, approving the Preliminary Engineer's Report and assessment levy for the Consolidated Palm Desert Landscape and Lighting District, FY 2001/02. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. C. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR THE DESIGN AND CONSTRUCTION OF THE EAST HALF OF COOK STREET FROM FRANK SINATRA DRIVE TO GERALD FORD DRIVE AND THE NORTH HALF OF FRANK SINATRA DRIVE FROM COOK STREET TO 950 FEET EAST OF COOK STREET (CONTRACT NO. C19050). Mrs. Gilligan noted the staff report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion, approve the subject agreement with CVAG and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 D. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT NO. C16002 — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 6. Mrs. Gilligan noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion, approve of the subject contract extension with Garza Landscape, Inc., Indio, California, in the amount of $81,144 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. E. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT NO. C16822 — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 5. Councilman Spiegel moved to, by Minute Motion, approve of the subject contract extension with Enviable Greens, Palm Desert, California, in the amount of $188,820 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. F. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT NO. C17661 — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 1. Councilman Spiegel moved to, by Minute Motion, approve of the subject contract extension with Garza Landscape, Inc., Indio, California, in the amount of $98,712 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. G. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT NO. C17671 — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 2. Councilman Spiegel moved to, by Minute Motion, approve of the subject contract extension with Shadow Palms Gardening Service, Indio, California, in the amount of $103,524 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 H. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT NO. C17681 — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 3. Councilman Spiegel moved to, by Minute Motion, approve of the subject contract extension with Shadow Palms Gardening Service, Indio, California, in the amount of $83,220 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. I. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT NO. C17691 — CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 4. Councilman Spiegel moved to, by Minute Motion, approve of the subject contract extension with Valley Gardening Service, Indio, California, in the amount of $94,200 and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. J. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING FOR FISCAL YEAR 2001/02. Mrs. Gilligan noted the staff report in the packets. She said the Council's approval would be contingent upon adoption of the Budget on June 28t. Councilman Spiegel moved to, by Minute Motion, concur with the recommendation of the Outside Agency Funding Committee and approve said funding, totaling $459,950, to the following agencies, contingent upon adoption of the FY 2001/02 Budget at the meeting of June 28, 2001: a) Abraham Lincoln Elementary School - $6,000; b) James Carter Elementary School - $6,000; c) Palm Desert Middle School - $10,000; d) Palm Desert High School - $10,000; e) Washington Charter Elementary School - $6,000; f) Gerald Ford Elementary School - $6,000; g)Animal Samaritans - $10,000; h) Children's Discovery Museum - $10,000; i) CV Economic Partnership - $15,000 (rent); j) College of the Desert - $25,000; k) Community Blood Bank - $7,500; I) Family YMCA of the Desert - $70,000; m) Family YMCA - Child Care - $35,000; n) Food in Need of Distribution - $1,200; o) Historical Society of Palm Desert - $11,000; p) Humane Society - $10,000; q) McCallum Theatre - $125,000; r) Palm Desert Chamber of Commerce - $30,000; s) Palm Desert Police Cadets - $4,000; t) Retired & Senior Volunteers - $10,000; u) S.C.R.A.P. - $7,500; v) C.A.S.A. - $5,000; w) Harvest of Awareness - $500; x) Riverside Latino Comm. - $22,250; y) La Quinta On Stage - $20,000; z) ABC Recovery Center, Inc. - $3,000. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 XII. CONTINUED BUSINESS None XIII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR COUNTRY CLUB DRIVE MEDIAN LANDSCAPE RENOVATIONS (CONTRACT NO. C18140, PROJECT NO. 598-00). Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Grey Wolfs Enterprises, Bermuda Dunes, California, in the amount of $63,199 and authorize a 10% contingency in the amount of $6,319.90 — project totaling $69,518.90; 2) authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR PRESIDENTS PLAZA III PUBLIC PARKING IMPROVEMENTS (CONTRACT NO. C18740). This item was continued until after the public hearing on this agenda for approval of the formation of President's Plaza III Property and Business Improvement District. Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Dateland Construction Company, Inc., Coachella, California, in the amount of $1,041,735 and authorize a 10% contingency in the amount of $104,173 — project totaling $1,145,908; 2) authorize the Director of Finance to appropriate $1,145,908 from the Unobligated Fund 400 Reserve. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. C. REQUEST FOR AWARD OF CONTRACT FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 7 (CONTRACT NO. C18870). Councilmember Benson moved to, by Minute Motion, award the subject contract to Garza Landscaping, Inc., Indio, California, in the amount of $71,892 and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 XIV. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST BY COOK STREET ASSOCIATES, LLC, FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND A PRECISE PLAN OF DESIGN FOR A 16,000 SQUARE FOOT OFFICE/SHOWROOM BUILDING AT THE NORTHWEST CORNER OF SHERYL AVENUE AND COOK STREET, 42-595 COOK STREET; REQUEST ALSO INCLUDES APPROVAL OF A DEVELOPMENT AGREEMENT, WHICH WILL LIMIT USES IN THE PROJECT TO THOSE WITH A PARKING REQUIREMENT OF TWO SPACES PER 1,000 SQUARE FEET OF FLOOR AREA OR LESS Case Nos. PP 01-03 and DA 01-01 (Cook Street Associates, LLC, Applicant) (Continued from the meeting of May 10, 2001). Planning Manager Steve Smith reviewed the major points of the staff report, noting the revised site plan, which added five parking spaces and relocated the trash area to the center of the driveway at the north end of the site. He noted that Condition #13 had been amended to include a provision for both the bus pull-out and shelter to be designed to complement the building. He also reviewed changes to the building elevations. He said the revised plans had been shown to the Architectural Review Commission on June 12th, and the Commission unanimously felt they were an improvement. Mayor Pro-Tem Kelly noted that the public hearing was open, and he invited testimony from the developer. MR. SABBY JONATHAN stated that the bus shelter was not a problem and that it would be designed to be artistic and consistent with the architecture of the building. He offered to answer any questions. Mayor Pro-Tem Kelly invited testimony in FAVOR of or in OPPOSITION to this project. With no testimony offered, he declared the public hearing closed. Councilmember Benson moved to waive further reading and: 1) Adopt Resolution No. 01-59, approving Case No. PP 01-03; and 2) pass Ordinance No. 988 to second reading, approving Case No. DA 01-01. Motion was seconded by Spiegel and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 B. REQUEST FOR APPROVAL OF THE FORMATION OF PRESIDENT'S — PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT. Special Projects Administrator Pat Conlon reviewed the staff report, noting that ballots had been sent to all 16 of the affected property owners in Presidents Plaza III. He said the ballots would be counted and results announced following the closure of the public hearing. Mayor Pro-Tem Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. DAVID FLETCHER, 74-095 Covered Wagon Trail, Palm Desert, spoke in favor of this district. With no further testimony offered, Mayor Pro-Tem Kelly declared the public hearing closed and requested that the City Clerk open and count the written ballots received by the City. Mrs. Klassen announced the results of the election as follows: 8 ballots in favor of formation of the District, 1 ballot in opposition; therefore, the majority of the ballots returned were in favor of formation of the District. __ Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 01-72, declaring the results of a property owner protest proceeding for the President's Plaza III Property and Business Improvement District and approving certain related actions; 2) Resolution No. 01-73, approving the Final Management District Plan for the subject District for FY 2001/02 and appointment of an advisory board; 3) Resolution No. 01-74, ordering the formation of the subject District and the levy and collection of assessments for same, FY 2001/02; 4) Resolution No. 01-75, approving the Final Engineer's Report for the subject District, FY 2001/02. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. C. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT FROM HILLSIDE PLANNED RESIDENTIAL TO PARK, A CHANGE OF ZONE FROM HILLSIDE PLANNED RESIDENTIAL, DRAINAGE (H.P.R., D.) TO OPEN SPACE, DRAINAGE (O.S., D.) AND A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 27-ACRE PARK WITH A PARKING LOT, RESTROOM, PICNIC AREAS, AND MULTI -USE TRAILS AT 72-500 THRUSH ROAD Case Nos. GPA 01-01. C/Z 01-01. and PP 01-01 (City of Palm Desert, Applicant). Mayor Pro-Tem Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was offered. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 Councilman Spiegel moved to continue this public hearing to the meeting of June 28, 2001. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. D. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION, RECOMMENDING DENIAL TO THE CITY COUNCIL FOR A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT FROM SERVICE INDUSTRIAL TO AFFORDABLE HIGH -DENSITY, A CHANGE OF ZONE FROM SINGLE-FAMILY RESIDENTIAL / MOBILE HOME (R-1-M) TO PLANNED RESIDENTIAL (P.R.-14 AND P.R. 6 UNITS PER ACRE), A MASTER PLAN OF DEVELOPMENT, A PRECISE PLAN TO CONSTRUCT 162 AFFORDABLE HOUSING UNITS ON 12.40 ACRES, 117 SINGLE-FAMILY UNITS ON 19.52 ACRES, AND A TENTATIVE PARCEL MAP TO SUBDIVIDE TWO PARCELS INTO FOUR; SITE IS BOUNDED BY MERLE DRIVE TO THE SOUTH, 42ND AVENUE TO THE NORTH, PORTOLA COUNTRY CLUB TO THE WEST, AND INDUSTRIAL PROPERTIES ON THE EAST Case Nos. GPA 01-03. C/Z 01-04, PP 01-11, and TPM 30193. (Palm Desert Redevelopment Agency and Palm Desert Development Company, Applicants). Mr. Drell suggested that Public Hearings D and E be combined as one public hearing. Please see Public Hearing E for staff report and public input. Councilman Spiegel moved to waive further reading and: 1) Adopt Resolution No. 01-76, approving Case Nos. GPA 01-03, PP 01-11, and TPM 30193; 2) pass Ordinance No. 989 to second reading, approving Case No. C/Z 01-04, with the condition added that the sidewalk along 42nd and Hovley be included in the final plan. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. E. REQUEST FOR APPROVAL OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND PALM DESERT DEVELOPMENT COMPANY AND ACTIONS RELATED THERETO (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Housing Manager Teresa La Rocca reviewed the staff report for the project on the 40-acre site purchased by the City in May of 1998 for future development of affordable housing. She said that in June of 1999, an initial preliminary site plan was presented to the Palm Desert Redevelopment Agency for consideration, and staff was directed to revisit the site plan and come back with alternative proposals. Numerous revisions to the site plan had occurred since June 1999 in order to accommodate the expansion of the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 City's Corporation Yard, a multi -family project, single-family for sale, and additional parking for the soccer park. The project was resubmitted in January of 2001; however, it was redesigned in order to incorporate energy -efficient components in response to the current energy crisis. As a result, the project's physical layout and architectural design was reevaluated and changed in order to respond to and incorporate the Council's desire to make the project an award -winning, energy -efficient project. She said in August of 2000, the Redevelopment Agency entered into an exclusive agreement with Palm Desert Development to create a design for the multi- family site. She noted that the 162 units would assist the City in meeting its legally -mandated production goal, as required in the stipulation for entry of judgment between the City and the Western Center for Law and Poverty. They would be affordable to families at below 60% of the County median income, they would be owned and operated by Palm Desert Development through private management, and would be counted toward the stipulation production numbers. She added that staff and the developer had met and corresponded with members of Portola Country Club since September of 2000 in an attempt to alleviate concerns and answer questions. Meetings had been held with residents of Portola Country Club and residents to the south of the proposed project. Ms. La Rocca said the Disposition and Development Agreement before the Council at this meeting would provide for a donation of the site to the developer, a loan to the developer in the amount of $7,659,473, which would be amortized over 55 years and payable in 30 years. She said the developer would be required to apply for and receive tax credits, and the project would have 55-year affordability covenants and would consist of two-, three-, and four -bedroom units. She offered to answer any questions. Mr. Drell reviewed the history of the property. He noted that at the Planning Commission hearing, considerable testimony was offered by Mr. Henry McCarty, who felt the site was inappropriate for housing of any sort and that its location next to the industrial area makes it inappropriate. He said one of the concerns raised by Mr. McCarty was the use of hazardous materials in the industrial area. He noted that the City's Corporation Yard had collected household hazardous waste on a quarterly basis, with one more collection scheduled. He said the industrial area had been in that location and had operated for approximately 35 years, and it was adjacent to the Leslie/Merle housing development for that same amount of time. Staff had spoken with the County Fire Marshal and asked if there had been any history in that time of any incidents, hazards, or health problems relative to the use of hazardous materials. He said they were unable to find a single incident or any evidence of the occurrence of a hazardous waste problem. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 Another issue raised was that the project was too dense with 162 rental units and 117 single-family units. He said the overall density of the apartments was 13 units per acre, with the density of the single-family units being five units per acre. He noted that both One Quail Place and San Tropez were 22 units per acre, and Desert Rose was seven units per acre. The overall density with the combined rental units and single-family was 7.4 units per acre, just slightly more than the density of Desert Rose. With regard to traffic, Mr. McCarty felt the traffic study was inadequate because it was done on April 10th and 11th, not during peak traffic season in Palm Desert. Mr. Drell noted that the traffic study was done during Easter week, which historically was the highest traffic volume period in the City during the year. He stated that this project was unique in that it would have access to three separate signalized intersections. He said Mr. McCarty also felt it was necessary for the City to study the intersections at Hovley/Portola and Hovley/Cook Street. He said typically, when it is found that the nearest intersections do not have an impact, the impacts on intersections further away lessen because of the distance and the disbursement of the traffic. He said that was why those intersections were not studied to begin with. He noted that the traffic generated from this project would constitute one percent of the volume going through those intersections and would result in a statistically insignificant half -second delay. Another issue was that in the plan as presented to the Planning Commission, the access from the project to Merle was not to be developed in phase one and, therefore, all the traffic would be funneled toward 42"d and Corporate Way. He said he agreed with Mr. McCarty, and staff was recommending that the main road connecting the project with Merle should be installed with phase one, and this was now being required as a condition of approval. He said another issue pointed out by Mr. McCarty was that the City did not do an analysis of pedestrian access to the project, and Mr. McCarty's feeling was that pedestrians and children would be forced to walk through the industrial area to reach most of their desired destinations. The project itself was designed with internal sidewalks, which would directly access the soccer fields. This would then allow access to Hovley Lane through the soccer fields, and a temporary asphalt sidewalk had been put in on Hovley to get the children to Carter School, with permanent sidewalks to be put in as part of the project. He noted that the project had been designed in such a way that there were many destinations that could be reached from this site without ever having to cross a major street. He said there was one area where there was a deficiency, and that was down 42nd to Cook Street, with no sidewalks currently on 42nd. He said one of the conditions was a requirement that sidewalks be installed on 42nd, the City Engineer was 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 confident that a sidewalk could be installed at least on the north side of 42nd and possibly the south side as well, although the south side presented a significant number of existing physical barriers that would make said construction a substantial endeavor. Mayor Pro-TemNice Chairman Kelly said he felt it would be preferable to have a sidewalk on the south side, and he asked staff what kind of obstacles would prevent such an installation. Mr. Gaugush responded that there was a large drainage structure toward the Cook Street end of the street. In addition, a number of the facilities constructed along Hovley Lane with various driveway locations made it challenging to construct an ADA-compliant sidewalk. Mr. Drell stated that an issue raised by Mr. McCarty and a resident of Merle Street dealt with the phasing of the project. He said the precise plan before the Council now involved only the apartments. There was also before the Council a master plan that involved the entire project, including the single- family portion. He said staff felt very strongly that this is one project, and it needs to be developed as such. He added that there had been a great deal of effort to integrate, visually and functionally, the multi -family units with the single-family units. Therefore, conditions had been added as follows: the investment to put in the single-family serving roadway; requiring that prior to the opening of the multi -family project in approximately 18 months, that the Housing Authority process a tentative map and record it; that within one year of the opening of the project, construction shall be initiated on the single- family portion of the development. He noted that the goal of this project was to integrate this neighborhood with the existing neighborhood on Merle. With regard to the issue of integration, a Planning Commissioner expressed interest in seeing the individual two-story apartment buildings spread and sprinkled among the single -story single-family. However, the tax credit program requires all of the project to be on a contiguous piece of property. The design was done so as to blur the line between the single-family and multi -family. Upon question by Councilman/Member Spiegel, Mr. Drell responded that this would not be a walled community, although there would be six-foot walls along the back yards of the houses. In addition, there would be a six-foot wall along the interface with the industrial area and a wall along 42nd up to the entrance. He said there would not be a wall between the single-family and multi -family uses. Councilman/Member Spiegel also questioned the views for people living on the second story on the east side of the project near 42nd Street and asked what they would see other than the City's 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 Corporate Yard. Mr. Drell responded that it would most likely be rooftops. Upon question by Councilman Spiegel relative to pedestrian access to Carter School along the south side of Hovley, Mr. Drell responded that a temporary asphalt sidewalk had been installed, and a permanent sidewalk would be installed. MR. REUEL YOUNG, President of Interactive Design Corporation, Palm Springs, reviewed the site plan and architectural concept of the project. Mayor Pro-TemNice Chairman Kelly asked what had been done, other than awnings, to address energy conservation. MR. YOUNG responded that the project would exceed Title 24 by 15%. He said that would be accomplished by two things: The coatings on glass is a low E coding, and the efficiency of the compressors is higher than standard. Each of the buildings has awnings over the windows where there are no overhangs, and the orientation of the buildings was such that the broad expanse was primarily to the south and the north, with the end units primarily to the east and west. He noted that Pat Conlon had made a presentation regarding micro generators or fuel cells for the entire site, although it was not yet known whether they would be incorporated in this project. He reviewed the proposed landscaping for the project as well, noting that the plans would be brought to the Landscape Committee, Architectural Review Commission, and City Council for final approval. Councilman/Member Spiegel asked if the project would include a community garden. Ms. La Rocca responded that this was something that had been discussed with the developer and would be looked at more closely as the project design is being done. She agreed there was room in the project to incorporate such a community garden. Mr. Drell agreed and said ideally, such a community garden would be shared and common to the whole project and not kept exclusively for the multi- family. He added that some of the lots would be retention Tots, and they could be designed as part of the community garden. Mayor Pro-TemNice Chairman Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this project. The following individuals spoke in FAVOR of the project for the following reasons: it is a good project, it has been in the planning stage for about three years, the deadline for approval would cause significant impacts to everyone concerned, it is 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 important for people who work in the community to have decent places to live, easy access to the schools. MS. KATHLEEN KOPP, 44-870 Cabrillo, Palm Desert. MR. ALIBABA FARZANEH, Newcastle Drive, Palm Desert. MS. KATHLEEN BROWN, 46-575 Clinton Street, Indio Desert Palms Apartments, employed in Palm Desert. MR. ROGER DASH, member of and speaking on behalf of the City's Housing Commission. The following spoke in OPPOSITION to the project not because they were opposed to affordable housing as such but for the following reasons: they felt the project had been pushed through hurriedly, impacts on the schools with increased numbers of students, safety of the children, lack of large recreational area in the project for the children to give them something to do after school, incompatibility of the residential project with the adjacent service industrial properties to the north, the project is too dense, the project does not provide adequate pedestrian access to surrounding destinations, the two residential components were not adequately integrated, the project is not properly planned and does not guarantee the residents of the project a safe neighborhood and wholesome quality of life, the traffic study was incomplete and did not include a study of the intersection of Hovley Lane and Portola, all of the traffic generated by the project must access 42nd Street to Corporate Way or Cook Street, the findings in the traffic study of Merle and Sheryl are not applicable until the second phase of the project, the traffic study was during done during the week on April 10-11 and not a high traffic period in Palm Desert, the traffic study did not make reference to the pedestrian traffic generated in the industrial area with hazardous wastes. MR. HAROLD MALABY, resident of Palm Desert. MR. TOM MAGUIRE, resident of Portola Country Club. MR. HENRY McCARTY, 74-409 Angels Camp Road, Palm Desert, reviewed his letter of June 12, 2001 (on file and of record in the City Clerk's Office). MS. LUCILLE WILLIAMSON. MS. MARILYN LOWIE, resident of Portola Country Club. MR. BOB ALLSOPP, resident of Portola Country Club. MR. MURRAY JENSEN. MS. JO ELLEN CLARK, resident of Chaparral Country Club, stated that although it was said that the surrounding areas were notified of this public hearing, those at Chaparral had heard nothing about it until this morning. MR. DAN HORN, Palm Desert Development, developer of the project, disagreed that this project had been rushed and said his original conversations with the City started almost three years ago; this was the third site plan. He noted that the project would have been before the Council in 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 February or March; however, he was directed in March to start making some accommodations for the energy crisis and include them in the design and layout. With regard to the schools, he said the District did write a letter indicating it would be impacted; however, that was the standard letter put out to justify the school fees paid by the developer. Those fees do mitigate the impact. In addition, this particular school had been redistricted, and the school would actually be losing students as a result. He said his staff had been in contact with representatives at the school, and they were in favor of the project. He noted that students could access any of the schools without crossing any major streets. He said there would be after school programs at the school run by the YMCA, and there would also be some on -site programs at the project itself. With regard to the comment about not enough recreational facilities nearby, he said this site was adjacent to a 21-acre park with basketball courts, soccer fields, swings, and other play equipment. The site itself would have a pool and several recreational areas. With no further testimony offered, Mayor Pro-TemNice Chairman Kelly declared the public hearing closed. Councilman/Member Spiegel stated that he had met with the Superintendent of Desert Sands Unified School District and three of her staff members to discuss this development. He said there was an elementary school planned on Country Club near Washington, and that would take the impact from that part of the City off of Carter School. This development would not, therefore, have a negative impact. With regard to there being nothing for the youth to do, he noted that there are many programs in the City, including barbecues at the soccer facility, basketball courts, tot lots, etc. He felt it was important to have sidewalks installed on 42"d Street and on Hovley Lane. With regard to his comment about the single story units, he said he was talking about the one building that overlooks the City's Corporate Yard, not the whole project. He noted the memorandum from Tom Theobald and said there was no hazardous waste at the Corporation Yard, nor has there ever been. He said it was disturbing to hear that the Environmental Impact Report (EIR) was incomplete. Mr. Drell responded that the EIR was complete and had been signed. Councilmember/Member Benson said this project had been sent back so many times for revision, and the developer finally came up with a design that was acceptable to the committee. The committee had also toured other 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 projects in the Coachella Valley done by Dan Horn to see how they were maintained and kept up. She felt that, like Palm Desert's Desert Rose project, people would be pleased to live in them. She noted that there was more for kids to do in Palm Desert than in any other city in the Coachella Valley. She expressed concern that if this project does not go forward now, she did not know when it would ever go forward. Mayor Pro-TemNice Chairman Kelly said he had served on the committee because of his concern that affordable housing be done properly. He felt the City of Palm Desert had done an excellent job with its affordable housing. He noted that most people did not even know where the affordable housing was in Palm Desert because it had been done so nicely. He stated that his idea about the single-family units was that the row of houses next to Portola Country Club be senior affordable housing. If the City is successful in doing that, he did not see how there could be a better project to be adjacent to than senior affordable housing. He said a lot of time had been spent in this process to make sure that the project did not impact the existing neighborhoods and that it is a complex that will be safe for the people who live there. He agreed that there needed to be sidewalks along 42nd Street and Hovley Lane. He added that he felt this project, when completed, will be an asset to the City and to the existing neighborhoods. Councilman/Member Spiegel moved to: 1) By Minute Motion, authorize execution of a Grant Deed transferring title of 40 acres of real property within the area of the City known as Section16 and being located between Avenue 42 and Merle Drive west of Cook Street, Palm Desert, California, to the Palm Desert Redevelopment Agency; 2) waive further reading and adopt City Council Resolution No. 01-77, approving the sale of property by the Palm Desert Redevelopment Agency to Palm Desert Development Company for development of multifamily affordable housing units pursuant to the Redevelopment Plan for Project Area No. 3 and loan by the Agency for construction and development costs of the project; 3) waive further reading and adopt Redevelopment Agency Resolution No. 418, approving the sale of property by the Agency to Palm Desert Development Company for development of multifamily affordable housing units pursuant to the Redevelopment Plan for Project Area No. 3 and loan by the Agency for construction and development costs of the project; 4) by Minute Motion, approve the Disposition and Development Agreement between the Agency and Palm Desert Development Company, providing for the transfer of the property and authorizing the Chairman to execute all necessary documents. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman/Member Crites and Mayor/Chairman Ferguson ABSENT. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 XV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 44-536 Portola Avenue, Palm Desert, CA (APN 625-062-001) Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: Jerome Beauvais Under Negotiation: x Price x Terms of Payment 2) Property: 44-574 Portola Avenue, Palm Desert, CA (APN 625-062-002) Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: City of Palm Desert Under Negotiation: x Price x Terms of Payment 3) Property: 44-630 Portola Avenue, Palm Desert, CA (APN 625-062-015/016) Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: Richard and Louise Krause Under Negotiation: x Price x Terms of Payment Mr. Erwin asked that the following item be added to the Closed Session Agenda: 4) Property: APN 653-020-062 (Approximately 11.48 acres) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: A. J. Lazar Under Negotiation: x Price x Terms of Payment 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 Councilman Spiegel moved to add this item to the Closed Session Agenda. Motion - was seconded by Kelly and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 b) Michael Ellis v. City of Palm Desert, Riverside County Superior Court Case No. INC 018398 c) Renee Capela v. City of Palm Desert, Riverside County Superior Court Case No. INC 021720 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon motion by Spiegel, second by Benson, and unanimous vote of the Council, Mayor Pro-Tem Kelly adjourned the meeting at 6:35 p.m. to Closed Session. He reconvened the meeting at 7:08 p.m. 2) Report and Action on Items from Closed Session at This Meeting. None C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Councilmember Benson asked that Consent Calendar Item U be reconsidered. Please see that portion of the Minutes for Council discussion and action. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JUNE 14, 2001 o City Council Committee Resorts: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilmember Benson reported that she had attended today's Energy & Environment meeting today and that there was nothing new to report. She did note that officials continued to work with the State to find solutions and alternatives to the energy situation. XVI. ADJOURNMENT Councilmember Benson moved to adjourn the meeting at 7:20 p.m. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Crites and Mayor Ferguson ABSENT. ATTEST: SHEILA R. GILLIG CITY OF PALM D CITY CLERK RT, CALIFORNIA RICHARD S. KELLY, MAYOR,. RO-TEMPORE 26