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HomeMy WebLinkAbout2001-03-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 22, 2001 CIVIC CENTER COUNCIL CHAMBER * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Ferguson convened the meeting at 4:02 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites arrived at 4:34 p.m. Mayor Pro-Tempore Richard S. Kelly Mayor Jim Ferguson Excused Absence: Councilman Robert A. Spiegel Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, Asst. City Manager for Community Services/City Clerk Richard J. Folkers, Asst. City Manager for Development Services Homer Croy, Director of Building & Safety Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Joseph S. Gaugush, Director of Public Works/City Engineer Rachelle D. Klassen, Deputy City Clerk HI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 8, 2001. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 75, 76, 77, 79, 80, and 76PD Office Complex. Rec: Approve as presented. C-1. CLAIM AGAINST THE CITY (# 4431 by Bernard A. Mayer in the Amount of $301.94. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C-2. CLAIM AGAINST THE CITY (#444) by Kola Olatunbosun in the Amount of $10,023.80. Removed for separate discussion in Closed Session. Please see Section IV, Consent Items Held Over, for Council action. C-3. CLAIM AGAINST THE CITY (#4451 by Sharon Amoy in the Amount of $579.07. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by K. J. Homechef, The Good Food Architects, Inc., 73-891 Highway 111, Palm Desert. Rec: Receive and file. E. MINUTES of City Committee and Commission Meetings. 1. Citizens' Advisory Committee for Project Area No. 4 Meeting of January 22, 2001. 2. Golf Course Committee Meeting of February 13, 2001. 3. Palm Desert Recreational Facilities Corporation Meeting of December 5, 2000. 4. Sister Cities Subcommittee Meeting of February 5, 2001. 5. Technology Committee Meeting of February 6, 2001. Rec: Receive and file. F-1. RESOLUTION NO 01-35 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Microfilmed (January 2001). Rec: Waive further reading and adopt. F-2. RESOLUTION NO. 01-36 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files form the Department of Building & Safety that Have Been Microfilmed (February 2001). Rec: Waive further reading and adopt. G. AUDITED FINANCIAL REPORTS for the Air Quality Improvement Fund for the Fiscal Years Ending June 30, 1998, and 1999. Rec: Receive and file. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REOUEST FOR APPROVAL of Enhanced Automated External Defibrillator (AED) Program. Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. I. REOUEST FOR APPROVAL of the Extension of Contract for Meeting Minutes Transcription Services (Contract No. C16851). Rec: By Minute Motion, approve of extending the subject contract with Mary P. Gates, an individual and sole proprietor, of Indio, California, on an as -needed basis at the rate of $25.00 per hour, in an amount not to exceed $5,000 — funding for this purpose is available in Account No. 110-4111-410-3090. J. REQUEST FOR APPROVAL of Agreement with the City of Rancho Mirage for Traffic Signals and Safety Lighting Maintenance (Contract No. C 18600). Rec: By Minute Motion, approve of the subject agreement and authorize the Mayor to execute same. K-1. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Construction of the Civic Center Carport Structures (Contract No. C18610). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project and return to the City Council with a recommendation on the lowest qualified bidder. K-2. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Removal of Existing Septic Systems Relative to the Fred Waring Drive Widening Project (Contract No. C18620). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project — funds are available in the Capital Improvements Program Budget for FY 00/01. K-3. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Utility Undergrounding and Block Wall Construction Relative to the Fred Waring Drive Widening Project (Contract No. C18630). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project along Fred Waring Drive between San Pascual Avenue and Deep Canyon Road. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L-1. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17540 — Intersection Improvements at Highway 111 and Portola Avenue (Project No. 653). Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. L-2. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C17540 — Intersection Improvements at Highway 111 and Portola Avenue (Project No. 653). Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. L-3. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17940 — Council Chamber Remodeling Project. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $28,721 to the subject contract with Doug Wall Construction, Palm Desert, California, for additional construction required in the subject project; 2) authorize the Director of Finance to transfer said amount from the project contingency to the base contract. M-1. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C17940 — Council Chamber Remodeling Project (Doug Wail Construction, Palm Desert, CA). 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-2. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C18090 — Courtyard Lighting in the City Wing of the Multi -Agency Library (Brudvik, Inc., Palm Springs, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N. REOUEST FOR RATIFICATION of Funding for California Travel Market Carnival. Rec: By Minute Motion, ratify contribution of $15,000, as recommended by the Promotion Committee at its meeting of August 11, 2000, to cosponsor a "Carnival" scheduled to be held on El Paseo in Palm Desert on February 22, 2001, as the grand finale of the California Travel Market Annual Convention. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REOUEST FOR APPROVAL of Three -Month Extension of Cable Television Franchise Agreement. Rec: Waive further reading and adopt Resolution No. 01-44, amending Resolution No. 00- 118, and extending the expiration of its Cable Television Franchise from March 31, 2001, through June 30, 2001. P. REOUEST FOR APPROVAL of Out -of -State Travel for International Municipal Signal Association (IMSA) Training and Workshops in Laughlin, Nevada, April 17-20, 2001. Rec: By Minute Motion, approve the request for out-of-state travel for Robert Becerra and Valerie Wagner to attend the subject training and workshops on 170 Controller Troubleshooting and TS-2 Cabinet Troubleshooting. Q. CONSIDERATION of Traffic Control at Lincoln Elementary and Palm Desert Middle School. Rec: By Minute Motion, direct staff to: 1) Place barricades on Rutledge Way at Portola Avenue to prevent eastbound traffic for one hour at the beginning and ending of school days; 2) implement a traffic enforcement program on Rutledge Way and Magnesia Falls Drive during the same time period. R-1. REOUEST FOR APPROVAL of California Law Enforcement Equipment Program (CLEEP) Grant 2000-01. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission and authorize the expenditure of $20,501.33 of the subject grant funds for enhanced technology equipment. R-2. REOUEST FOR APPROVAL of California Law Enforcement Equipment Program (CLEEP) Grant 2000-01. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission and authorize the expenditure of $8,273 of the subject grant funds for enhanced technology equipment. S. INFORMATIONAL REPORTS. 1. Retail Center Vacancy Report 2. Civic Center Energy Conservation Update 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson requested that Item C-2 be removed for separate discussion in Closed Session. Mayor Ferguson asked that Items H, L-1, and L-2 be removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Upon motion by Kelly, second by Benson, the remainder of the Consent Calendar was approved as presented by a 3-0 vote, with Councilmembers Crites and Spiegel ABSENT. IV. CONSENT ITEMS HELD OVER C-2. CLAIM AGAINST THE CITY (#4441 by Kola Olatunbosun in the Amount of $10,023.80. Removed for separate consideration during Closed Session. Continued to the meeting of April 12, 2001. H. REQUEST FOR APPROVAL of Enhanced Automated External Defibrillator (AED) Program. Mayor Ferguson said he had asked that this be pulled not because he has an issue with it but because he wanted to report to the residents that the Cove Community Services Commission voted unanimously to fund $49,000 from Palm Desert's share to purchase automatic external defibrillator units in the event of heart attacks at the City's major golf courses, country clubs, and the Civic Center. He added that this funding would allow for training of residents on the use of these machines, and he said statistics had shown dramatically that if one is able to apply stimulus to a heart within the first three minutes, there is a very good percentage chance of survival of a heart attack. Mayor Ferguson moved to, by Minute Motion, concur with the recommendations of the Public Safety Commission and the Cove Community Services Commission and approve of the City ofPalm Desert's share of the subject program in the amount of $49,000, per the Cove Communities formula. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmembers Crites and Spiegel ABSENT. L-1. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17540 — Intersection Improvements at Highway 111 and Portola Avenue (Project No. 653). Mayor Ferguson stated that he would be abstaining from voting on this item because he represented the contractor in his legal practice. Mayor Pro-Tem Kelly moved to, by Minute Motion, approve Change Order No. 1 to the subject contract with Granite Construction Company, Indio, California, decreasing the contract by $19,500 for liquidated damages ($500 per day for 78 days). Motion was seconded by Benson. With no majority vote, this item was continued until the arrival of Councilman Crites. Councilman Crites moved to, by Minute Motion, approve Change Order No. 1 to the subject contract with Granite Construction Company, Indio, California, decreasing the contract by $19,500 for liquidated 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * damages ($500 per day for 78 days). Motion was seconded by Kelly and carried by a 3-0-1 vote, with Mayor Ferguson ABSTAINING and Councilman Spiegel ABSENT. L-2. REOUEST FOR APPROVAL of Change Order No. 2 to Contract No. C 17540 — Intersection Improvements at Highway 111 and Portola Avenue (Project No. 653). Mayor Ferguson stated that he would be abstaining from voting on this item because he represented the contractor in his legal practice. Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Approve Change Order No. 2 to the subject contract with Granite Construction Company, Indio, California, increasing the contract by $1,679.18 for additional electrical work; 2) transfer said amount from contingency to base for the project (Purchase Order No. 7583). Motion was seconded by Benson. With no majority vote, this item was continued until the arrival of Councilman Crites. Councilman Crites moved to, by Minute Motion: 1) Approve Change Order No. 2 to the subject contract with Granite Construction Company, Indio, California, increasing the contract by $1,679.18 for additional electrical work; 2) transfer said amount from contingency to base for the project (Purchase Order No. 7583). Motion was seconded by Kelly and carried by a 3-0-1 vote, with Mayor Ferguson ABSTAINING and Councilman Spiegel ABSENT. V. RESOLUTIONS None VL ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 977 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TEXT, PERTAINING TO PARKING LOT TREE STANDARDS Case No. ZOA 00-10 (City of Palm Desert, Applicant). Mayor Pro-Tem Kelly moved to waive further reading and adopt Ordinance No. 977. Motion was seconded by Benson and carried by a 3-0 vote, with Councilmembers Crites and Spiegel ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 982 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF -- PALMDESERT, CALIFORNIA, AMENDING SECTION 24.04.070 OF THE PALMDESERT MUNICIPAL CODE (AMENDING ORDINANCE NO. 688), RELATIVE TO WATER EFFICIENT LANDSCAPE. Councilmember Benson stated she had received a request from a constituent to continue this item because he wanted to compare ordinances. Councilmember Benson moved to continue this matter to the meeting of April 12, 2001. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmembers Crites and Spiegel ABSENT. VII. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO AN ARCHITECTURAL REVIEW COMMISSION DECISION, DENYING THE PARKING AND STORAGE OF ARECREATIONAL VEHICLE IN THE FRONT YARD OF THE RESIDENCE LOCATED AT 74-450 PEPPERGRASS STREET Case No. RV 00-09 (Charles O. Curry, Appellant). Associate Planner Martin Alvarez reviewed the staffreport, noting that the Architectural Review Commission, at its meeting of February 13, 2001, denied the request to park and store a recreational vehicle in the front yard of the subject residence. He said the Applicant was proposing to screen the vehicle with an existing row of bougainvillea bushes along the front; he was also considering the installation of two new canopy trees. He said staff felt the property had unique characteristics that warranted approval of the recreational vehicle. He reviewed the findings for approval, as listed in the staff report, and he noted a petition had also been attached to the staffreport, which was signed by residents in that area recommending approval. He added that staff felt the proposed landscaping would be adequate to substantially screen the vehicle, which would not be visible to the general public. With Council concurrence, this matter was held until the arrival of Councilman Crites. Councilman Crites asked if there had been any discussion about taking the recreational vehicle and moving it between the two large circles of new canopy trees shown on the proposal and also doing something in terms of a wall and screening. He said he felt the proposed location could not be screened. Mr. Alvarez stated that particular alternative had not yet been considered. MRS. DARLENE CURRY, Appellant, said their motorhome had been parked in their driveway for quite some time, and it had not been a problem until the last year or so. She said they had applied for a permit from the Architectural Review Commission, which denied the request. She said she had Letters from her immediate neighbors and the surrounding residents who had no objection to the location of the motorhome. She asked Council to grant their appeal. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites asked if the Applicant would respond to his previous suggestion relative to location of the vehicle, although it might not be the first option of the applicant. MS. CURRY said she and her husband would take this under consideration. MR. CHARLES CURRY added that the driveway was curved, and the vehicle could not be maneuvered through that driveway to the side of the house. Mayor Ferguson stated that he and Mayor Pro-Tem Kelly had gone out and looked at the Applicants' home. He said Councilman Crites was trying to strike a balance, and he suggested that the Applicants consider the suggested alternative. Mayor Pro-Tem Kelly concurred with the recommendation by Councilman Crites. He said he could not vote in favor of this appeal, but he would be willing to consider an alternative. Councilman Crites suggested that this matter be continued and that two Councilmembers be appointed to meet with the applicants, look at the exact wording and spirit of the City's ordinance, and discuss their specific situation. He offered to be one of the appointed Councilmembers. Mayor Ferguson asked Mayor Pro-Tem Kelly to work with Councilman Crites. Councilman Crites moved to continue this matter to a time uncertain, with himself and Mayor Pro-Tem Kelly appointed as a subcommittee to work with the Appellants to find an alternative solution. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. B. REOUEST FOR AWARD OF CONTRACT FOR ENGINEERING SERVICES FOR THE HIGHWAY 111 SIGNAL AND STREET IMPROVEMENTS (CONTRACT NO. C18640, PROJECT NO. 635-00). Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Award the subject contract to Tetra Tech ASL, Palm Desert, California, in the amount of $289,731; 2) authorize a ten percent (10%) contingency in the amount of $28,973.10; 3) authorize the Mayor to execute said contract — funds are available in Account No. 213-4362-433-4001. Motion was seconded by Benson and carried by a 3-0 vote, with Councilmembers Crites and Spiegel ABSENT. C. REOUEST FOR APPROVAL OF THE PURCHASE OF LED TRAFFIC SIGNALS. Mayor Pro-Tem Kelly move to, by Minute Motion, authorize the purchase of LED traffic signals for 50 intersections, as follows: 1) Green signals - Dialight, Manasquan, New Jersey - $125,000; 2) pedestrian signals - Synchronex, Claremont, California - $60,000; total initial expenditure of $185,000 with PUC/SCE reimbursement grant of $71,750, final cost of $113,250 and estimated cost recovery period of four years. Motion was seconded by Benson and carried by a 3-0 vote, with Councilmembers Crites and Spiegel ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR AUTHORIZATION TO CALL FORBIDS FOR TWO, SEVEN -PAS SENGER — VANS. Mr. Ortega noted the staff report in the packets and offered to answer any questions. Mayor Pro-Tem Kelly moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for two, seven -passenger vans. Motion was seconded by Benson and carried by a 3-0 vote, with Councilmembers Crites and Spiegel ABSENT. E. REQUEST FOR APPROVAL OF BUS SHELTER ADVERTISING AGREEMENT WITH SUNLINE TRANSIT AGENCY (CONTRACT NO. C186501. Mayor Ferguson stated that he would be abstaining on this item as his legal practice represented a party to this agreement. With Council concurrence, this item was held until the arrival of Councilman Crites. Mrs. Gilligan stated that there was a different recommendation for action than that posted on the Agenda. She said staffwas requesting a 60-day extension ofthe existing contract for Bus Shelter Advertising, noting that the existing agreement had been amended to provide for 50% of the available announcement space be for public service messages. She went on to report that the Promotion Committee had discussed the matter and voted to continue with the advertising program as it stood presently. Councilmember Benson moved to, by Minute Motion, approve a 60-day extension of the Bus Shelter and Advertising Agreement (Contract No. 00-489) and continue negotiation for new agreement, which may include retaining some advertisement. Motion was seconded by Mayor Pro-Tempore Kelly and carried by a 3-0-1 vote, with Mayor Ferguson ABSTAINING and Councilman Spiegel ABSENT. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. F. REOUEST FOR APPROVAL OF THE FORMATION OF THE CITY OF PALM DESERT GOLF COURSE FACILITIES CORPORATION, ITS ARTICLES OF INCORPORATION AND BYLAWS. Mayor Pro-Tempore Kelly wondered if the Corporation would be better served by having continuity of two Councilmembers with specific interest in the Golf Course and its operation appointed to this body rather than specifying the Mayor and Mayor Pro-Tempore in the composition of the Board of Directors. He suggested amendment to reflect "two Councilmembers appointed by the Council." Council concurred. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 01- 45, approving the formation of the City of Palm Desert Golf Course Facilities Corporation, as amended to reflect the appointment of two Councilmembers to serve as directors of the Corporation (instead of the Mayor and Mayor Pro-Tempore); 2) by Minute Motion, approve for said corporation: a) Articles of Incorporation; b) Bylaws. Motion was seconded by Mayor Pro-Tempore Kelly and carried by a 4-0 vote, with Councilman Spiegel ABSENT. VIII. CONTINUED BUSINESS A. REOUEST FOR APPROVAL OF DESERT WILLOW MANAGEMENT AGREEMENT (CONTRACT NO. C18660) (Continued from the meetings of December 14, 2000, and January 25, 2001). Mr. Ortega reviewed the staff report and offered to answer any questions. Mayor Pro-Tem Kelly moved to, by Minute Motion, authorize staff to negotiate a two-year Management Agreement for Desert Willow Golf Resort with Kemper Sports Management. Motion was seconded by Benson and carried by a 3-0 vote, with Councilmembers Crites and Spiegel ABSENT. B. REOUEST FOR APPROVAL OF PURCHASE AGREEMENT BETWEEN ABD PALM DESERT 118, LLC, AND THE CITY OF PALM DESERT (CONTRACT NO. C18670) (Continued from the meeting of February 22, 2001). Mr. Erwin stated that the agreement was not complete, awaiting calculation of costs. Mayor Pro-Tem Kelly moved to continue this matter to the meeting of April 12, 2001. Motion was seconded by Benson and carried by a 3-0 vote, with Councilmembers Crites and Spiegel ABSENT. C. REQUEST FOR AUTHORIZATION TO ORGANIZE ART EXHIBITIONS AT DESERT WILLOW CLUBHOUSE (Continued from the meeting of March 8, 2001). Community Arts Manager Carolyn Miller reviewed the staff report, noting that at this point in time, the Golf Course Committee was not interested in doing a rotating exhibition, although the members were in agreement that the art by Jerome Gastaldi could perhaps be appropriately sold when there are interested, with the monies from those sales to be used to purchase golf -related art or photography to be placed in the appropriate golfing areas such as the lounge and hallways leading to the golfing areas. She added that there were sales pending for three of the paintings. Councilmember Benson said she could see the need for golf -related art in the golf section and the hallway leading to the golf area. However, she noted that there are a lot of people who visit Desert Willow to enjoy the clubhouse rather than to golf, and she did not see any harm in having an exhibition from the artists in the area. She said it could perhaps be limited to water color or desert scene artists. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Note: Councilman Crites arrived at 4:34 p.m. Mayor Pro-Tem Kelly said part of the intent was that this not be made a place to sell art and to compete with the art gallery. He said he would have no problem with allowing local artists to exhibit their works as long as it was not for the purpose of selling that artwork. He also suggested that winners of the Student Art & Essay contest have their artwork exhibited in this area as well. He noted that Ms. Annika Sorenstam shot a 59 last week, and she is the most famous person in the golfing world at this time. He said she was a resident of the City of Palm Desert, and he suggested that the Council consider commissioning a portrait of her for the Desert Willow Clubhouse. Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Authorize staffto organize rotating art exhibits in the dining area of the Desert Willow Clubhouse for local artist organizations; 2) concur with the recommendation of the Golf Course Committee and declare Jerome Gastaldi paintings as surplus property; 3) authorize staff to sell said property; 4) consider commissioning a portrait of Palm Desert resident and professional golfer Annika Sorenstam for the Desert Willow Clubhouse. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. IX. OLD BUSINESS A. REQUEST FOR APPROVAL OF SUPPLEMENTAL COOPERATIVE AGREEMENT FOR THE FUNDING AND CONSTRUCTION OF A JOINT LIBRARY BUILDING (CONTRACT NO. C07281) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted that this supplemental cooperative agreement dealt with the funding and construction of the repairs to the heating, ventilation, and air conditioning systems and modification of the lighting systems at the Multi -Agency Library. Redevelopment Agency Finance Manager Dennis Coleman stated that the recommendation as listed on the Agenda had been amended to read as follows: "By Minute Motion: 1) Approve the subject agreement, substantially as to form, and authorize the Mayor/Chairman to execute same; 2) authorize the appropriation of $680,000 from Unobligated Agency Funds. Councilmember/Member Benson asked whether this was only for the air conditioning or if it would cover other areas that needed modification in the future. Mr. Coleman responded that this was specifically for the repairs of the air conditioning and modification of the lighting. Councilmember/Member Benson moved to, by Minute Motion: 1) Approve the subject agreement, substantially as to form, and authorize the Mayor/Chairman to execute same; 2) authorize the appropriation of $680,000 from Unobligated Agency Funds for same. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmen/Members Crites and Spiegel ABSENT. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REOUEST FOR APPROVAL OF THE RECOMMENDATION OF THE TECHNOLOGY COMMITTEE FOR AN INFORMATION TECHNOLOGY (IT) STRATEGIC PLAN AND CONSULTING SERVICES. Mrs. Gilligan reviewed the staff report and recommendation. Mayor Pro-Tem Kelly moved to, by Minute Motion, concur with the recommendation of the Technology Committee and approve: 1) Gartner Group's Information Technology Strategic Plan; 2) accept Gartner Group's Proposal for IT Consulting Services in an amount not to exceed $40,000 (Contract No. C17300-A). Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Spiegel ABSENT. X. COMPLETION OF HELD OVER ITEMS None XI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE SERGEANT MIKE ALCORN FOR HIS INVALUABLE SERVICE AND MANY CONTRIBUTIONS TO THE CITY OF PALM DESERT AND ITS SPECIAL EVENTS PROGRAM. On behalf of the City Council, Mayor Ferguson presented an engraved plaque, recognizing Sergeant Alcorn for his service to the City and its Special Events Program. XII. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT, AND PREZONING TO FACILITATE FUTURE ANNEXATION TO THE CITY OF PALM DESERT FOR 156.01 ACRES LOCATED IN THE EAST HALF OF SECTION 5, T6S R6E (THE AREA SOUTH OF IRONWOOD COUNTRY CLUB) — SAID PROPERTY TO BE DESIGNATED VERY LOW DENSITY RESIDENTIAL (1-3 DWELLING UNITS PER ACRE) AND OPEN SPACE IN THE GENERAL PLAN AND PREZONED PR-2 AND O.S. (OPEN SPACE) IN THE GENERAL PLAN AND PREZONED PR-2 AND O.S. (OPEN SPACE); APPLICATION ALSO INCLUDES A TENTATIVE TRACT MAP TO CREATE 20 RESIDENTIAL LOTS RANGING IN SIZE FROM 22,778 SQUARE FEET TO 35,830 SQUARE FEET TO BE LOCATED ON THE FUTURE EXTENSION OF CANYON VIEW DRIVE Case Nos. GPA 00-01. C/Z 00-02. and TT 29713 (Ironwood Country Club and SR Consultants, Inc., Applicants) (Continued from the meetings of March 23, and April 27, 2000). Planning Manager Steve Smith outlined the staff report and offered to answer any questions. Councilman Crites suggested that with regard to Condition #9 dealing with Fish and Wildlife Services conditions and issues about plants, etc., it might be appropriate to insert that in doing 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 *****************,****,*********************************** that, the developer will consult with the University of California Deep Canyon Research Center. He said it would be easier to consult with them before putting things in rather than having problems after the fact. He added that The Reserve had found that prior consultation was much less expensive and quicker. He said if there was no objection from the applicant, that wording should be added to the end of Community Development Condition #9. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. RONALD W. DOLL, 73-099 Ajo Lane, Ironwood Country Club, Palm Desert, spoke in favor of this project. He noted a letter had been submitted to the City at the request of the Planning Director prior to the Planning Commission meeting outlining the vote of the eligible voters of Ironwood Country Club relative to the approval of the Tentative Tract Maps for this project; he said six ballots had been received subsequent to the Planning Commission meeting. Of the 574 total eligible voters, 369 voted in favor, 20 voted against, and 185 did not respond. He said this meant approximately 65% of the eligible voters were in favor of pursuing the Tentative Tract Maps. He said it was the request of the Board of Directors that the Council approve the maps and allow them to get the Tentative Tract Maps completed. He said they will deal with the minority members of Ironwood, who represent approximately four to five percent. He asked that the Council approve the recommendation of the Planning Commission for this matter as well as the following public hearing. MR. ERNEST JOHNSON, 73-355 Oriole Court, Palm Desert, said the ballot discussed by Mr. Doll stated, "Your indication of support to obtain approval for the Tentative Tract Map will not be taken in any way as an indication of your support for undertaking any specific development program, now or at any time in the future." He said members of Ironwood Country Club were not unanimous in their vote, and it was not true that 65% of the voters approved these specific tract maps and these specific plans. In addition, he said there had been a failure to obtain any indication of the attitudes of the other homeowners in the Ironwood area or the non -golfing members. He said the Council had received data with respect to what certain of the proprietary members chose to vote for, and many of those proprietary members did not vote because they were opposed, and there was no indication of how they should address that. He urged a continuance of this matter for two months in order to enable Ironwood to determine what are the opinions, attitudes, and desires of the proprietary, non-proprietary, golfing, social, and tennis members of Ironwood as well as the several hundred homeowners at Ironwood who live in the area and who will be affected but who are not members of Ironwood Country Club. He added that a meeting of the golfing members of Ironwood would be held on April 7t. Councilman Crites asked the City Attorney whether the information verbalized by the last speaker were matters that are germane to the Council's discussion or if those were matters that are internal to the process of the Ironwood Country Club, the various associations therein, and the various categories of involved people. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin responded that it was probably substantially the membership and internal workings of Ironwood Country Club. He said notice had been given to those within a certain distance of the proposed project, and all of those people had an opportunity to address this issue. Mayor Pro-Tem Kelly asked how the Council could be assured, when dealing with the applicant, whether that individual has the authority to make that application. Mr. Erwin responded that was certified by the applicant when the application is filed. He said in filing a tentative map, the applicant will generally provide the City with a title report indicating ownership. Mr. Johnson stated that he had been a resident and homeowner at Ironwood for quite some and had not received notice. He added that he was sure this was the case for many other homeowners as well. Councilman Crites stated that the people who received notice were property owners within a certain distance of the proposed property uses. Mayor Ferguson added that the distance was 300 feet from the property in question. Upon question by Mayor Ferguson, Mr. Doll stated that he would have a problem with a continuance of this matter. He said they were in the process of trying to negotiate with builder/developers concerning this property in order to come back with concrete numbers and construction scheduling to be presented to the members, at which point they can reject or accept the project. He said this was only tentative map approval, not the final map approval. He added that a two -month continuance would mean the loss of half of the members of Ironwood, and the project would have to be deferred for at least a year or more. With no further testimony offered, Mayor Ferguson declared the public hearing closed. Mayor Pro-Tem Kelly said he did not feel it was the Council's business to become involved in Club politics, and the Council's responsibility was to make a decision based on the application submitted. Mr. Erwin agreed. Councilmember Benson noted that the Council had requested approval of the residents of the Country Club when the matter was continued previously. Councilman Crites asked if the City Attorney was confident the City had obtained the necessary approval for this action. Mr. Erwin responded that he did believe the necessary approval had been obtained. Mayor Pro-Tem Kelly moved to waive further reading and: 1) Adopt Resolution No. 01-37, approving Case No. GPA 00-01; 2) pass Ordinance No. 983 to second reading to approve the prezoning for Case 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * No. C/Z 00-02 to be effective upon annexation to the City; 3) adopt Resolution No. 01-38, approving Case No. TT 29713, subject to conditions. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Spiegel ABSENT. B. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND TENTATIVE TRACT MAP TO CREATE 32 SINGLE FAMILY LOTS, RANGING IN SIZE FROM 15,081 SQUARE FEET TO 23,001 SQUARE FEET, AND A 96.47 ACRE RECREATION LOT ON THE PR-7-D ZONED PROPERTY LOCATED IN THE EAST HALF OF SECTION 32, T5S R6E, BEING EAST OF CANYON VIEW DRIVE AND NORTH AND SOUTH OF IRONTREE DRIVE EXTENDED Case No. TT 29912 (Ironwood Country Club and SR Consultants, Inc., Applicants). Planning Manager Steve Smith outlined the staff report and displayed the site plan. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. RONALD DOLL, 73-099 Ajo Lane, Palm Desert, spoke in favor of this project. MR. ERNEST JOHNSON, 73-355 Oriole Court, Palm Desert, said he had difficulty in laying this map out on the ground to determine precisely where it is. He noted he was at the 12th tee and had not received notice of either of these two public hearings. With no further testimony offered, Mayor Ferguson declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 01-39, approving TT 29912, subject to conditions. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Spiegel ABSENT. With Council concurrence, Mayor Ferguson recessed the meeting at 5:33 p.m. He reconvened the meeting at 5:37 p.m. C. CONSIDERATION OF AN APPEAL OF A PLANNING COMMIS SION DECISION TO THE CITY COUNCIL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A TENTATIVE TRACT MAP FOR 259 SINGLE FAMILY LOTS, AND ONE, 34-ACRE REMAINDER LOT, AND A NINE -LOT TENTATIVE TRACT MAP FOR FINANCING PURPOSES ON 118 ± ACRES AT THE NORTHEAST CORNER OF TAMARISK ROW DRIVE AND COUNTRY CLUB DRIVE Case Nos. TT 29468. TT 29555. C/Z 00-05. and DA 00-01 (ABD Palm Desert 118, LLC, Appellant) (Continued from the meeting of February 22, 2001). Mr. Ortega noted that the purchase agreement had already been continued at this meeting. He noted that there had been no change in the development agreement since the last meeting, followed by his reading of an excerpt from the Minutes of the City Council's meeting of 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * February 22, 2001, at which time the subject cases were continued. He explained that at that meeting the purchase agreement had been approved conceptually, subject to the approval of the City Attorney. Mayor Pro-Tempore Kelly expressed his concern that everything was not yet complete for this matter, and he felt it should be continued. In response to question, Mr. Erwin stated that the Council could continue consideration of the Tentative Tracts. Mayor Ferguson declared the public hearing open and invited testimony for the cases. Mr. Drell reported that the Tentative Map for financing purposes had been increased from 9 to 11 lots. MR. JACK SHINE, ABD Palm Desert 118, LLC, 16830 Ventura Boulevard, Suite 401, Encino, CA 91436, asked for Council's approval of the items before it at this meeting. There being no further testimony offered, Mayor Ferguson declared the public hearing closed. Mayor Ferguson stated that he was not prepared to vote for any items that were not available for the Council's review. Mayor Pro-Tempore Kelly concurred. Mayor Ferguson re -opened the public hearing. Mayor Pro-Tempore Kelly moved to continue the public hearing to the Council's meeting of April 12, 2001, so the entire matter could be considered at once. Motion was seconded by Councilman Crites and carried by 4-0 vote, with Councilman Spiegel ABSENT. D. CONSIDERATION OF THE APPROVAL OF THE DISPOSITION DEVELOPMENT AGREEMENT (DDA) WITH UNIVERSITY OF CALIFORNIA, RIVERSIDE, AND THE RICHARD J. HECKMANN FOUNDATION (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted for the record that this agreement had been advertised twice in a newspaper pursuant to law. He said the report required by redevelopment law detailing the terms of the transactions had also been made available to the public. He added that the purpose of the public hearing was to find out if any members of the public object to the transfer of the land from the Redevelopment Agency initially to the Heckmann Foundation under a lease and ultimately to the University of California, Riverside. Redevelopment Manager David Yrigoyen reviewed the staff report, noting that this would transfer two sites to the University of California, Riverside. He stated that the first phase, Site A, was actually eight and a half acres rather than the seven acres as outlined in the staff report, 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and Site B was eleven and a half acres. He said this was for the purpose of transferring Site A with an option on Site B and a loan provision for $2 million to provide for the construction of infrastructure improvements to Site A. He offered to answer any questions. Mayor/Chairman Ferguson stated that approximately two and a half years ago, the City Council set aside 200 acres of land for the inculcation, fostering, development, building, construction, and hopefully use of facilities for higher education in the Coachella Valley. He said 50 acres of that was given to the Cal State University system, with the promise that the City would hold the other 150 acres in abeyance for a period of not less than ten years for the development of a full Cal State Palm Desert campus. UCR and Richard Heckmann, in conjunction with Cal State University, had approached the City of Palm Desert to see if it would consent to deviate from that plan to provide them with a total of 20 acres (8.5 initially) and would allow the three college systems (UC Riverside, Cal State, and College of the Desert) to coordinate in conjunction to provide higher education. He said while the City was being asked to "give the land," it was actually transferring it from Cal State to the University of California system. Mayor/Chairman Ferguson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman/Member Crites moved to: 1) Waive further reading and adopt City Council Resolution No. 01-34, approving the lease and sale of property by the Palm Desert Redevelopment Agency to the Richard J. Heckmann Foundation and the University of California, Riverside, for development, pursuant to the Redevelopment Plan for Project Area No. 2, and loan by the Agency for costs of certain public improvements; 2) waive further reading and adopt Redevelopment Agency Resolution No. 413, approving the lease and sale of property by the Agency to the Richard J. Heckmann Foundation and the University of California, Riverside, for development; pursuant to the Redevelopment Plan for Project Area No. 2, and loan by the Agency for costs of certain public improvements; 3) by Minute Motion, approve the Amendment to the Disposition and Development Agreement between the Redevelopment Agency and the Trustees of The California State University, providing for the transfer of the property to the University of California, Riverside, and authorize the Chairman to execute same. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman/Member Spiegel ABSENT. E. CONSIDERATION OF APPROVAL OF A PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT AND HEIGHT EXCEPTION FOR THE FIRST PHASE OF THE RICHARD J. HECKMANN INTERNATIONAL CENTER FOR ENTREPRENEURIAL MANAGEMENT TO BE LOCATED ON 7.8 ACRES LOCATED AT THE NORTHEAST CORNER OF COOK STREET AND FRANK SINATRA DRIVE, 75-150 FRANK SINATRA DRIVE Case No. PP/CUP 00-16 (Richard J. Heckmann Foundation, Applicant). Planning Manager Steve Smith reviewed the staff report, noting that at its meeting of August 15, 2000, the Planning Commission recommended approval, including the height exception. He said the matter had been held in abeyance pending resolution of the previous agreements. He added that the Architectural Review Commission had given its preliminary approval to the project. He 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * noted that the height exception was for 32 feet versus the 24-foot limit in this zone, and it was felt the height exception was warranted given the setback from the intersection at Cook and Frank Sinatra and the difference in the grade in that the pad is below the street elevation. Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this project. No testimony was offered, and he declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 01-41, approving Case No. PP/CUP 00-16 and a height exception for the Richard J. Heckmann International Center of Entrepreneurial Management. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. F. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT, AND CHANGE OF ZONE FROM SERVICE INDUSTRIAL (S.I.) TO GENERAL COMMERCIAL (C-1), AND A PRECISE PLAN OF DESIGN FOR A 27,116 SQUARE FOOT MIXED USE COMMERCIAL COMPLEX LOCATED ON 2.35 ACRES AT THE SOUTHWEST CORNER OF COOK STREET AND GREEN WAY (NORTH) Case Nos. GPA 00-07. C/Z 00-10. and PP 00-23 (Lakeside Properties and Axcess Architects, Applicants). Planning Manager Steve Smith outlined the staff report, displaying elevations of the project as proposed. Upon question, Mr. Smith responded that the project had been through the Architectural Review Commission and had been improved as a result. He was now comfortable with the project and recommended approval. Mayor Ferguson declared the public hearing open and invited testimony FAVORING or OPPOSING the subject cases. MR. RICK BLOMGREN, Axcess Architects, 18652 Florida, #200, Huntington Beach, CA 92648, noted his organization's sensitivity to the City's requirements for the project and offered to answer questions. With no further testimony offered, Mayor Ferguson declared the public hearing closed. Councilman Crites moved to waive further reading and: 1) Adopt Resolution No. 01-42, approving Case No. GPA 00-07; 2) pass Ordinance No. 984 to second reading, approving Case No. C/Z 00-10; 3) adopt Resolution No. 01-43, approving Case No. PP 00-23. Motion was seconded by Councilmember Benson and carried by 3-1 vote, with Mayor Pro-Tempore Kelly voting NO and Councilman Spiegel ABSENT. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 XIII. REPORTS AND REMARKS A. CITY MANAGER • None B. CITY ATTORNEY 1) Reauest for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) 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: ' 3 Public Employment pursuant to Government Code Section 54957: Title ofPosition: City Manager/Redevelopment Agency Executive Director Mr. Erwin requested the following items be added to this meeting' s Closed Session consideration: With City Council concurrence, the following items were added to this Agenda for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 618-490-025 Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: City of Palm Desert/County of Riverside Under Negotiation: x Price x Terms of Payment 2) Property: APN 625-031-015 74-450 Goleta Avenue Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: Judith C. Phillipsen Under Negotiation: x Price x Terms of Payment 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 3) Property: APN 625-031-016 74-460 Goleta Avenue Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: Slobodan/Snezana Bosnich Under Negotiation: x Price x Terms of Payment 4) Property: APN 625-031-020 74-470 Goleta Avenue Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: Randy G. and Jacqueline Chavez Under Negotiation: x Price x Terms of Payment 5) Property: APN 625-031-021 74-480 Goleta Avenue Negotiating Parties: Agency: Dave YrigoyenlLauri Aylaian/City of Palm Desert Property Owner: Oscar E. and Marene G. Barrientos Under Negotiation: x Price x Terms of Payment 6) Property: APN 625-031-022 74-490 Goleta Avenue Negotiating Parties: Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert Property Owner: Dennis L. Tank, Trustee/Dennis L. Tank, DDS Under Negotiation: x Price x Terms of Payment 2) Renort and Action on Items from Closed Session Made at This Meeting. None C. CITY CLERK 1. Reminder of Monday, April 2, 2001, 11:00 a.m. Study Session with the Cabazon Band of Mission Indians. Ms. Klassen reminded Councilmembers of the subject Study Session. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Request from the Optimist Club of Palm Desert for "Student of the Month" Award (Councilmember Jean M. Benson). Councilmember Benson reported that the Optimist Club had asked for the City's participation in its "Student of the Month Award" program. She said they'd had difficulty finding another partner to recognize worthy students at the 7 o'clock program and asked Councilmembers if they would agree to such participation. With Council concurrence, authorized working with the Optimist Club to conduct this program. 2. Consideration of Events Signage for the Palm Desert Library (Councilmember Jean M. Benson). Councilmember Benson stated that the Library Committee had asked about a sign that could announce its upcoming events. She said the City's present signage in front of City Hall that announced events could also benefit from a more professional look. Therefore, she asked for her colleagues' concurrence that the matter be referred to the Art In Public Places Commission for a proposal to incorporate artwork with signage. With Council concurrence, referred the matter to the Art In Public Places Commission for proposal that would incorporate artwork with signage that would announce Library and City events. 3. Reauest from McCallum Theatre for its "Open Call 2001" Event (Mayor Jim Ferguson). Mayor Ferguson stated Councilman Spiegel had asked him to address this item and the City's participation by providing a grant in the amount of $15,000. Mayor Ferguson moved to add this item to the Agenda. Motion was seconded by Councilmember Benson and carried by 4-0 vote, with Councilman Spiegel ABSENT. Councilmembers noted that the City had previously participated in the event, a talent competition for Valley residents, which began in 1998. Upon question, Councilmember Benson affirmed that both she and Councilman Spiegel, as members ofthe Outside Agency Funding Committee, had reviewed the request and felt it appropriate. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson moved to, by Minute Motion, approve funding, in the amount of $15,000, for the upcoming McCallum Theatre's "Open Call" event. Motion was seconded by Kelly and carried by 4-0 vote, with Councilman Spiegel ABSENT. 4. Recognition for Outgoing College of the Desert President Dr. William Kroonen (Councilman Buford A. Crites). Councilman Crites reported that with Dr. Kroonen's upcoming retirement from the College of the Desert Presidency, the local cities had considered participating jointly in an appropriate recognition of his service to the Valley, which he felt was a good idea. With Council concurrence, it was agreed that the City ofPalm Desert would participate with the other Valley cities in an appropriate recognition for Dr. Kroonen, to be determined, and funding for same, subject to approval of the City Manager. 5. Consideration of Request from the Coachella Valley Economic Partnership (CVEP) Relative to the Energy Crisis (Mayor Jim Ferguson). Mayor Ferguson noted Governor Davis' recent Executive Order that imposed stiff penalties to businesses that left lights on during non -operating hours. To this end, he said CVEP, CVAG, and the Chamber of Commerce were working on a pilot program to educate local businesses on the Executive Order, as well as overall conservation of energy. He asked his colleagues to add an item to this Agenda for taking an action to participate. Upon a motion by Councilman Crites, second by Mayor Pro-Tempore Kelly, and 4-0 vote of the City Council, with Councilman Spiegel ABSENT, consideration of the request was added to the Agenda. Mayor Ferguson went on to say that if the program proved successful, CVAG would carry it forward regionally, working with area Chambers of Commerce to advocate energy conservation. Councilman Crites moved to, by Minute Motion, approve of: 1) The City of P alm Desert's participation in a pilot program by the Coachella Valley Economic Partnership, Coachella Valley Association of Governments, and the Palm Desert Chamber of Commerce for energy use reduction/conservation for the business community; 2) funding in the amount of $6,000 for project implementation through the Palm Desert Chamber of Commerce. Motion was seconded by Mayor Pro-Tempore Kelly and carried by 4-0 vote, with Councilman Spiegel ABSENT. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6. Consideration of Request for the Desert AIDS Walk (Mayor Jim Ferguson). Mayor Ferguson reported that he would be unable to attend the Desert AIDS Walk that will begin at 10:00 a.m. Sunday, April 1, 2001, at The Gardens on El Paseo, and he asked one of his colleagues to represent the Council at that event. With Council concurrence, Councilman Crites was appointed to represent the City Council at the -Desert AIDS Walk to be held Sunday, April 1, 2001, at 10:00 a.m. Secondly, Mayor Ferguson said he'd been requested to add an item to this Agenda relative to the aforementioned event and granting of a one-time exception for use of the Gardens' parking structure. Upon a motion by Councilman Crites, second by Mayor Ferguson, and 4-0 vote of the City Council, with Councilman Spiegel ABSENT, a request for exception by the Desert AIDS Project relative to the aforementioned event was added to the Agenda. Senior Management Analyst Pat Scully stated that the Desert AIDS Project sought a one-time exception to the City's Parking Management Plan with The Gardens on El Paseo in order to conduct the 2001 Desert AIDS Walk. Councilman Crites moved to, by Minute Motion, approve of a one-time exception to the Parking Management Plan for the parking structure at The Gardens on El Paseo in order to conduct the 2001 Desert AIDS Walk on Sunday, April 1. Motion was seconded by Mayor Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. o City Council Committee Reports: 1. Update Relative to Energy Issues (Councilman Buford A. Crites). Councilman Crites reported that the Coachella Valley Association of Governments (CVAG) was moving faster with projects and ideas that would benefit the area in the coming summer months. He noted that included working with current projects, such as the California State University (CSU) and University of California (UCR) campus projects, as well as the City's own 12-acre site, in order to take advantage of energy efficient design and equipment. 2. Mayor Ferguson noted that former City of Indian Wells Councilmember Walter McIntyre had contacted him relative to an event he was organizing with the United States Chamber of Commerce Export Center. The event was being held at Fantasy Springs tomorrow, Friday, March 23, and the Mayor asked his colleagues if they might consider participating in the luncheon there after the UCR/Heckmann Center groundbreaking. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 22, 2001 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS None XV. ADJOURNMENT With City Council concurrence, Mayor Ferguson adjourned the meeting to Closed Session at 6:35 p.m. Mayor Pro-Tempore Kelly reconvened the meeting at 8:45 p.m. and immediately adjourned with no action announced from Closed Session. ST: `,SHEILA R. G i LI , C CLERK CITY OF PALM DESE' 'ALIFORNIA 25