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HomeMy WebLinkAbout1997-09-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Kelly convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Mayor Pro Tempore Jean M. Benson IV. ROLL CALL Present: Mayor Pro Tempore Jean M. Benson Councilman Buford A. Crites Councilman Walter H. Snyder Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul Gibson, Finance Director/City Treasurer John Nagus, Community Arts Manager Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. DAN McCALLA, Emerald Desert, 76-000 Frank Sinatra Drive, stated that he was available to answer any questions relative to the item on the Agenda dealing with Trail Blazer signage. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. VINCE DOWNEY, Palm Desert High School Principal, distributed athletic passes to the Council, City Manager, City Attorney, and staff. He noted that these passes would entitle the individuals free entry into all sporting activities at Palm Desert High School during the current school year. Upon question by Mayor Kelly relative to whether these passes could be accepted, Mr. Erwin responded that he would look into the matter to determine the value of the passes. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 28, 1997. Rec: Approve as presented. B. CLAIMS AND D .MANDS A 7AINST E CTTY EASURY - Warrant No. 13. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by SJB PD, Inc. for Cedar Creek Inn, 73-445 El Paseo, Suite 11A, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Locanda Toscana Corporation for Locanda Toscana, 72-695 Highway 111, A 9-10, Palm Desert. Rec: Receive and file. E. INVESTMENT PORTFOLIO SUMMARY for July, 1997. Rec: Receive and file. F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of Drywelis and Appurtenances in Haystack Channel East of Alamo (Contract No. C13410, Project No. 500B-97). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REQUEST FOR APPROVAL of Agreement for Installation of Holiday Decorations (Contract No. C13420). Rec: By Minute Motion, authorize the Mayor to execute the annual holiday decoration installation and storage agreement with The Jarvis Company in the amount of $3,585.00. H. REQUEST FOR APPROVAL of Change Order No. 1 to the Installation of Civic Center Park Picnic Pavilions (Contract No. C12760, Project No. 680-97). Rec: By Minute Motion: 1) Approve Change Order No. 1 to Contract No. C12760 for the additional construction bid items required for installation of the Civic Center Picnic Pavilions in the amount of $2,130.00 2) authorize the transfer of $2,130.00 from contingency to base. I. REQUEST FOR APPROVAL of Charitable Contribution Funding for Fiscal Year 1997/98. Rec: By Minute Motion, approve the Charitable Contributions/Outside Agencies Committee recommendations for funding in accordance with the 1997/98 budget for the following agencies and authorize the Mayor to execute agreements between the City and those same agencies: 1) Chamber of Commerce - $128,500.00; 2) Desert Aids Project - $7,500.00; 3) Family YMCA of the Desert - $60,000.00; 4) Food In Need Of Distribution - $1,600.00; 5) Historical Society of Palm Desert - $15,150.00; 6) Humane Society of the Desert - $11,135.00; 7) July 4th Greater Fireworks - $7,500.00; 8) The Living Desert - $10,000.00; 9) McCallum Theatre - $40,000.00; 10) Palm Desert Aquatics - $3,600.00; 11) Palm Desert Middle School - 8,000.00; 12) Washington Charter Elementary - $6,000.00. NOTE: Mr. Erwin removed Item 1 of the recommendation for discussion in Closed Session. This item was subsequently continued to the City Council meeting of September 25, 1997. The remainder of the items (2 through 12) were approved by unanimous vote of the Council. J. REQUEST FOR CONSIDERATION of Hazard Elimination Safety (HES) Grant Application Rec: Receive and file staff report dated September 11, 1997. K. REQUEST FOR CONSIDERATION of City's Participation in Project Study Reports (PSR's). Removed from Agenda for separate discussion under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L. REQUEST FOR APPROVAL of Amended Bylaws for Palm Desert Promotion Committee. Rec: Waive further reading and adopt Resolution No. 97-77 rescinding Resolution No. 90- 58 and adopting amended bylaws for the Palm Desert Promotion Committee. M. REQUEST FOR APPROVAL of the Establishment of a Program for the Sale of Rounds of Golf at Desert Willow Golf Course on a Discounted Basis. Rec: Waive further reading and adopt Resolution No. 97-78 establishing a program for the sale of rounds of golf on a discounted basis. N. LET'TF$ from Palm Desert Community Presbyterian Church Requesting a Directional Sign at the Intersection of Highway 111 and Highway 74 and/or El Paseo and Highway 74. Removed from Agenda for separate discussion under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Spiegel asked that Items K and N be removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Mr. Erwin asked that Recommendation #1 of Item I also be held over for separate discussion. Upon motion by Spiegel, second by Snyder, the remainder of the Consent Calendar was approved as presented by unanimous vote of the City Council. VII. CONSENT ITEMS HELD OVER I. REQUEST FOR APPROVAL of Charitable Contribution Funding for Fiscal Year 1997/98. Mr. Erwin asked that this Recommendation #1 dealing with approval of an agreement between the City of Palm Desert and the Chamber of Commerce in the amount of $128,500.00 be held until after Closed Session. Following said Closed Session, this item was continued to the meeting of September 25, 1997. K. REQUEST FOR CONSIDERATION of City's Participation in Project Study Reports (PSR's). Upon question by Councilman Spiegel, Mayor Kelly responded that Project Study Reports are a vital link in the funding of projects. He stated that several million dollars was projected to come from the State through Riverside County Transportation Commission (RCTC). Those areas that have PSR's completed will have a leg up and will be the ones who will receive that money. He noted that if this particular PSR for I-10 interchanges at Indian Avenue, Gene 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Autry Trail/Palm Drive, Date Palm Drive, and Ramon Road had been done a year ago, we would have been in on the funding. Councilman Spiegel moved to, by Minute Motion, appropriate $20,000.00 from appropriate reserve account and forward the funds to CVAG as Palm Desert's share of Project Report Study costs identified in the staff report. Motion was seconded by Benson and carried by unanimous vote. N. LETTER from Palm Desert Community Presbyterian Church Requesting a Directional Sign at the Intersection of Highway 111 and Highway 74 and/or El Paseo and Highway 74. Councilman Spiegel stated that while he had no objection to having a sign, he would like to see the Episcopal church also included. Councilman Spiegel moved to, by Minute Motion, refer this matter to staff for report and recommendation and ask that staff also look at a directional sign for the Episcopal Church as well. Motion was seconded by Benson and carried by unanimous vote. VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 850 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 1.04.095 TO THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO FF.FS FOR ABATEMENT NUISANCES. Mr. Diaz stated that there had been no changes to this ordinance since its introduction, and he recommended approval. Councilman Snyder moved to waive further reading and adopt Ordinance No. 850. Motion was seconded by Spiegel and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. ORDINANCE NO. 851- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM RESIDENTIAL R-1 13,000 TO OFFICE PROFESSIONAL (O.P.) FOR FOUR LOTS ON THE WEST SIDE OF DEEP CANYON ROAD, STARTING 217 FEET NORTH OF ALESSANDRO DRIVE, Case No, C/Z 97-10. Mr. Diaz stated that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilmember Benson moved to waive further reading and adopt Ordinance No. 851,. Motion was seconded by Spiegel and carried by unanimous vote. C. ORDINANCE NO. 852 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM RESIDENTIAL (R-3) TO OFFICE PROFESSIONAL (O.P.) FOR TWO LOTS ON THE SOUTH SIDE OF FRED WARING DRIVE, 396 FEET EAST OF SAN PASCUAL AVENUE, Case No. C/Z97-8. Mr. Diaz stated that there had been no changes to this ordinance since its introduction, and he recommended adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. E52. Motion was seconded by Benson and carried by unanimous vote. R. NEW BUSINESS A. PRESENTATION BY DALE GRIBOW AND ALIBABA FARZANEH RELATIVE TO TOURISM FOR THE CITY OF PALM DESERT. Mr. Dale Gribow briefly reviewed the project. Mr. Alibaba Farzaneh, 39-902 Newcastle Drive, Palm Desert, reviewed the proposed project in depth. He noted that this proposal was to make a train car available to bring people from the Ontario Airport to the Coachella Valley in 45 minutes in a glass -topped dining car. He said the train would also go to the Salton Sea where tour boats would be waiting. This would include a plan to feed the birds and hopefully solve the problem of birds dying from eating dead contaminated fish. The cost of the project was estimated to be $1 million for Phase I (construction of the Cook Street station, renting a train car from Canada), $13 to $14 million for Phase 1I(purchase of train and building of station), and $1 million for Phase III (building the boats for the Salton Sea and helping feed the native birds), for a total of approximately $15 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * million for the entire project. He added the Federal government was very much in favor of this project. Councilman Spiegel stated he felt it would be good for the City to have access to the train, would help sell Section 4, and would be a way for people who land in Ontario to come directly to the City. However, he said whether or not the cost would be warranted was something that would have to be looked at. Mayor Kelly stated that a Rail Committee had recently been formed with representation of all of the Coachella Valley cities and SunLine and that CVAG had just approved $35,000 to continue a study of how and where all this would happen. He said he felt Cook Street was an ideal area for the train station. He added that as a city, he felt it would be wrong for Palm Desert to go ahead on its own when all the other cities are jointly working together to make a train station happen. He said SunLine is responsible for transportation and CVAG for long- range planning. The County has the Riverside County Transportation Commission (RCTC), and all money that comes anywhere in the County dealing with transportation through grants, etc. from the State or Federal government must go through that commission by law. He said it was important to work with RCTC, CVAG and SunLine to make sure all of those groups know what is happening. He added that while everyone agreed it would be good to have a train station and that Cook Street would be a good location, there was a lot of leg work to be done. Mr. Farzaneh stated he was asking that Council agree to the project. Mayor Kelly responded that the Council was not in a position to agree with the project and that there were other entities that need to be involved. He added that Mr. Farzaneh really needed to meet with the individual responsible in Riverside County who has been involved in all the negotiations for metrolink and who knows all of the right people to contact. Councilman Crites stated that everyone looks for a better way to get people into the Coachella Valley, and train service has many environmental advantages over passenger cars, buses, etc. He said there were other factors that needed to be looked at such as adequate number of flights into Ontario with people wanting to go to Palm Desert, timing of the flights, feasibility, etc. Mayor Kelly stated that Mrs. Cornelius was the one who coordinates the track usage for Riverside County and that she was the one who had negotiated all of the agreements thus far. He said he felt it was essential for Mr. Farzaneh to meet with Mrs. Cornelius. Mr. Dick Cromwell of SunLine Transit Agency addressed the Council and suggested that Sunline, along with CVAG, make arrangements to meet with Mrs. Cornelius, the Committee, Mr. Gribow, and Mr. Farzaneh and any other people involved. Mayor Kelly agreed that this would be a good next step. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated he felt that individually Councilmembers should look at what they feel are key questions that need to be answered and forward them to the City Manager. He also suggested that the applicant ask to be placed on the Agenda for the Salton Sea Authority which is the controlling body for that area. Mr. Gribow stated that they were open to any suggestions and guidance they can get from any parties. He said they had the best of intentions. He also noted that if what they were bringing to the Council was helpful to the City, they would give it to the City, walk away, and not want anything for it. He said they also were prepared to say if it's necessary to do this privately, they were willing to try to handle it privately and get private financing. Mr. Farzaneh responded that their intent was to do further studies after receiving a yes vote from the Council. Councilman Crites noted that on October 3, 1997, Congressman Bono was having a symposium at Palm Desert City Hall relative to the Salton Sea. Councilmember Benson noted that this was not a government project and that it was a private partnership that the applicant was trying to do. She added that this was a different concept than just a train station. She noted that the City would welcome anything that helps tourists. No Council action was taken on this matter. B. PRESENTATION BY JAVIER TRIVISO, DIRECTOR OF THE PALM DESERT CHILDREN'S CHOIR, RELATIVE TO THE 1997/98 SEASON. Mr. Triviso updated the Council on the status of the Palm Desert Children's Choir, noting that auditions would be held on September 20 and 27, 1997, at the College of the Desert. He distributed draft copies of a flyer for these auditions and requested assistance in distributing these flyers to the schools once the room is confirmed at College of the Desert. He also distributed copies of the responsibilities for both parents and members of the Children's Choir. With regard to parent responsibilities, Councilman Crites stated it was his understanding that a policy had been enacted whereby parents who cannot afford the cost of the uniforms could receive monetary assistance. He suggested that the form be updated to reflect that if there is a hardship for the parent in purchasing the uniforms, that will not be a reason for the child to be excluded from the Children's Choir. He also suggested that member responsibility number seven, "Have fun", be moved to the number one position. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel suggested that Mr. Triviso make this presentation to the Civic Arts Committee at its next meeting. Mr. Triviso responded that he would do so. No official City Council action. C. PRESENTATION BY JOHN MARMAN RELATIVE TO A DANCE/CHOREOGRAPHY FESTIVAL. Mr. Marman reviewed his report, noting that he felt it was time for the City of Palm Desert to have a festival of its own since many other cities have art festivals, jazz festivals, film festivals, etc. He said this would be a way for citizens of Palm Desert and the Coachella Valley to have some family culture while promoting dance and choreography, and it would be a free event to the public. The event would also bring people to the desert and promote art in the Park and would be a joint venture between the City and College of the Desert. He noted that entrants would initially come mainly from Southern California, and Ms. Shea New of the College of the Desert would coordinate the event. He said they were asking for a liaison from the Civic Arts Committee to help with the event, which they were hoping to hold some time in March of 1998. One date they were looking at was March 29th, which was during the Nabisco Dinah Shore Golf Tournament. This date would not interfere with the McCallum Theatre and would be approximately two weeks prior to the ballet coming to the Theatre. Mr. Marman added that needed $3,000.00 to provide lighting and sound but that they would also like an additional $3,000.00 for prizes. Councilman Spiegel stated that the Minutes from the Civic Arts Committee meeting of July 14, 1997, indicated there were concerns relative to legal ramifications to the City. Mr. Erwin responded that the problems listed (i.e., liability, insurance, timing, etc.) were items that could easily be solved. Councilmember Benson stated she felt this was something that should be considered by the Promotion Committee and that there may be other avenues to incorporate this with, such as SpringFest. Councilman Snyder agreed with Councilmember Benson but stated that the Civic Arts Committee had approved the program. He recommended that the Council also approve it. Mayor Kelly stated he felt this same presentation should be made to the Promotion Committee. Councilman Spiegel moved to, by Minute Motion, approve the request for $6,000.00 and direct the applicant to meet with the Promotion Committee to determine a date that would be mutually acceptable. Motion was seconded by Crites and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. AP_P_ROVAI. OF EXCEPTION TO THE SIGN ORDINANCE TO PERMIT THREE SIGNS ABOVE THE EAVE LINE OF BUILDING FOR PROPERTY LOCATED AT 74-480 HIGHWAY 111, Case No. 4869SA (Imperial Signs for Cameron Nevins, Applicant). Planning Technician Martin Alvarez reviewed the staff report and recommendation that the Council affirm the decision of the Architectural Review Commission to deny an exception to the sign ordinance to allow three signs above the eave line of the building. He noted that the Commission felt the signs were cluttered, redundant, and did not aesthetically fit with the building and were in violation of the 20-foot height limitation. The Commission did allow the applicant to remove the Subzero sign from the top of the building and place it on the bottom fascia along the Highway 111 frontage. MR. MARK ROSS, 48-240 Birdie Way, Palm Desert, expressed concern with having the Subzero sign at the bottom facia and stated this might cause confusion with people entering one building and thinking they were in another. He said as a sign person, part of his job was to come up with a functional sign, and sometimes height had to be overlooked, and in this case it was only three feet. He stated that the property sat down below Highway 111 about five or six feet, so the sign would be within the height allowance if measured from the Highway 111 grade. He said his client would agree to delete the "salads and subs" part of the sign but that the Subzero sign was important because this is a franchise he has started. He said they were asking for blue letters rather than red as approved by the Architectural Review Commission, and the letters would have white "icing" at the top. Upon question by Councilman Spiegel, Mr. Ross stated that the Architectural Review Commission had not looked at the blue letters and had approved the red and felt all of the letters from the Highway 111 elevation should be consistent and be red in color. Councilmember Benson stated that she had looked at the project earlier in the day and did not feel the signs needed to go that high. She said she agreed with the recommendation of the Architectural Review Commission. Councilman Crites stated he understood why the applicant might want to have more signage. He said there had been a number of discussions relative to the number of businesses going in to such a small area, and Council was assured there would not be any problems with that. Councilman Crites moved to, by Minute Motion, affirm the Architectural Review Commission decision to deny an exception to the sign ordinance to allow three signs above the eave line of the building. Motion was seconded by Benson and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REQUEST FOR APPROVAL OF INSTALLATION OF A SECOND MARQUEE AWNING FOR PROPERTY LOCATED AT 73-375 EL PASEO, Case No. 4866SA (Palms to Pines Canvas for "Countess Mara"). Mr. Drell reviewed the staff report and noted that Planning Technician Martin Alvarez was available to answer any questions. Upon question by Mayor Kelly, he noted that this was a second tenant who wanted to have an awning. Upon question by Councilman Crites, Mr. Ernie Brooks, Palms to Pines Canvas, responded that the applicant does currently have an awning. Councilman Crites stated that this was not, then, an issue of an applicant not getting an awning but rather an issue of extending it out to the street. He said basically the applicant wanted a bigger awning, and the City's policy now is that there be one large awning per building and other tenants, based on architectural issues, may have a smaller awning. Mr. Brooks agreed and stated that this building has a twin to it, with one side looking the same as the other side, with a breeze way between. He said if the second awning could come out to the street as the other one does, it would not infringe upon another tenant. Councilmember Benson noted that the Zoning Committee had been appointed to look at all the City's regulations, and the next issue that would be taken up would deal with signage and awnings to see if anything needs to be amended, corrected, or deleted. She said there were a lot of deviations along El Paseo and requests for different types of things, and the Zoning Committee would be taking up this issue and coming back to the Council. Councilman Spiegel stated he did not disagree that the ordinance needs to be looked at; however, there are awnings and signs going up around the City that do not come to the Council, particularly the new tattoo parlor in Palm Desert on Highway 111. He expressed concern with this particular sign with a white background and red letters approximately four feet tall, stating "tatoo". He said he did not think it had gone through any of the City's commissions. Mr. Brooks stated that the awning signage would be at eight inches, as requested by the City, and the width would be the same as the "Storekeeper" business. He added that the height would be identical to what the "Storekeeper" had. Upon question by Councilman Crites relative to when the Zoning Committee was planning to look at this issue, Planning Manager Steve Smith responded that it would start next Wednesday and that it would be several months before the matter came back to the Council. Councilman Spiegel asked whether the awning portion of the ordinance could be speeded up, with this particular appeal being continued. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson responded that this matter could be tackled first. Mayor Kelly stated that with the breeze way, this looked like two separate buildings, and he personally did not have a problem with the applicant's request and would vote in favor of granting the appeal. Councilman Spiegel agreed and stated that "Countess Mara" was one of the businesses that the Council is very proud of in Palm Desert, and he felt the City should do anything it could to help this business. Planning Technician Martin Alvarez stated that the applicant was requesting a light gray awning which is different from the one at the "Storekeeper". Councilman Crites moved to, by Minute Motion, direct staff to place this first on the Agenda for issues of signage clarification to start that process and try to expedite an answer that would come back to the Council. Mr. Smith noted that signage must go to the Planning Commission first. Mr. Diaz stated that it was his understanding that what was being requested was a modification and could be granted. Mr. Drell stated that it was a design decision that has been established and could be granted by the Council. Mr. Diaz stated that what the Council is seeking from the Zoning Committee is whether we go ahead and permit this type of thing so that it would not have to go to the Planning Commission for approval. He said the Zoning Committee could come back to the Council with advice at the next meeting. Councilmember Benson stated she did not think this could be done for the next meeting but that it perhaps could come back to the Council at its first meeting in October. Councilman Spiegel seconded the motion, and it carried by unanimous vote. Councilman Crites stated that if the Zoning Committee does complete that discussion next week, the matter could be back to the Council at its meeting of September 25, 1997. 12 11 HNUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Monterey Avenue Mr. Folkers updated the Council on the progress of these interchanges, noting that with regard to the I-10/Monterey Avenue Interchange, both sides of the old bridge over the freeway was demolished last week. Demolition over the railroad tracks was scheduled for the following week, and everything seemed to be going along fine. Upon question by Mayor Kelly relative to when the entire project will be completed, Mr. Folkers responded that it would probably be late October. Councilmember Benson asked whether the stopping line at the top of the off ramp could be moved back a little. She said people wanting to make a right turn at the top of that off ramp onto Monterey Avenue cannot see the traffic that is coming from the other direction because vehicles waiting to turn left are too far forward and block their site. Mr. Folkers responded that staff would look into this. 2. Progress Report on Retail Center Vacancies Mr. Drell stated that while he had nothing specific to report at this time, there was an item to be discussed in Closed Session. Mayor Kelly asked if staff was going to provide some kind of report relative to vacant space in the near future, and Mr. Drell responded that staff would provide a general update at the next meeting. XI. CONTINUED BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR GERALD FORD DRIVE EXTENSION, PROJECT NO. 677-96 (Contract No. C13230), Continued from the Meeting of August 28, 1997. Mr. Folkers reviewed the report in the packets. He stated that based on concerns raised by the Council at the last meeting, staff did some analysis and checking with regard to cost savings in bidding the projects non -prevailing wage. He said that prevailing wage must be used for construction of this particular project because it is funded by Measure "A" and SB-300 funds. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. LEON BENNE r, owner of A Star Rents, 75-600 Mayfair, Palm Desert, and President of the Palm Desert Chamber of Commerce, encouraged the Council to approve this project. Councilman Spiegel moved to, by Minute Motion: 1) Concur with staffs recommendation that prevailing wages must be used for this project due to the funding sources (Measure "A" and SB-300); 2) award Contract No. C13230 to E.L. Yeager of Riverside, California, for the street, water, and sewer improvements associated with the Gerald Ford Drive Extension in the amount of $1,025,746.00 plus a ten percent contingency in the amount of $102,574.60, funds are available from Account No. 213-4393-433-4001; 3) authorize the Mayor to execute the agreement; 4) authorize the Mayor to execute the Funding Agreement between the Coachella Valley Water District and the City of Palm Desert (Contract No. C13390). Motion was seconded by Snyder and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR AWARD OF BID FOR PRESIDENT'S PLAZA WEST REALIGNMENT (Contract No. C13260). Mr. Drell reviewed the staff report, noting that because no bids had been submitted for the September 8, 1997, bid opening, staff could then contact contractors and solicit bids from them. Dateland Construction was the only contractor interested in bidding the project; this firm submitted a proposal per the specifications and indicated that the project could be completed by November at a cost of $450,333.55. He said that in analyzing the proposal and comparing the price with the engineer's estimate, there was an additional $82,000 which was the result of the City upgrading the lighting and tree size. He noted that a commitment was made to get the project done by the end of October. Given the 45-day construction period, the project completion date would be November 2, 1997. He stated that the contractor indicated there might be an additional week needed to complete the project; thus, the project would be completed between November 7 and November 9, and this would be subject to the damages provision of the contract of $500.00 per day. He said staff recommended that the contract be awarded to Dateland Construction Company in the amount of $450,333.55. Councilman Spiegel noted the report in the packets from Business Support Manager Ruth Ann Moore, and he asked if staff felt that doing this project would mean a better chance of renting those vacant spaces. Mr. Drell responded that once people see what the improvements will look like, this might increase the chances of renting the vacant spaces. Councilman Crites moved to, by Minute Motion: 1) Make a finding that no bids were received for President's Plaza; 2) award the contract to Dateland Construction Co. in the amount of $450,333.55. Motion was seconded by Spiegel and carried by unanimous vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR CONSIDERATION OF DE ANZA WAY NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN. Mr. Folkers. asked that Council hold this matter until the 7:00 p.m. portion of the meeting. Council concurred. Following the dinner recess, Mr. Folkers noted the staff report and supplemental reports in the packets. Transportation Engineer Mark Greenwood showed slides of this neighborhood and the streets involved. He explained the installation of the temporary traffic circles and offered to answer any questions. Councilman Crites stated that it was his understanding that staffs recommendation was to do this plan if two-thirds of the people who live in the area want to do it, and the plan will not be implemented if two-thirds of the people do not want it. Mr. Folkers responded that this was correct and that it would be temporary. He added that he would like to work with Community Arts Manager John Nagus and Urban Forester Jerry Clark to come up with something that will look nice and be functional to reduce speeds. Mayor Kelly invited comments from the audience. MR. JACK DAYTON, owner of apartments on Santa Anita/Alessandro, stated his only objection was with the choker which he felt would create a more dangerous situation. MR. LOU BISHOP, 44-645 San Onofre, expressed concern that the overall traffic patterns through the neighborhood had not been taken into consideration. He said that with one small change to the intersection of Santa Ynez and De Anza, through traffic could be eliminated. He said that while he felt the program was nice, he did not think it spent the City's money as wisely as it could be spent. MR. CHRIS McFADDEN, 74-251 De Anza, said he felt the choker was alright for the intersection of Cabrillo; however, this would be a very expensive thing to do. He said he felt it would be better to have the program phased in and that one improvement should be done and then analyzed to see how it works. He said he felt the intersection of De Anza and Cabrillo was dangerous. He added he felt the plan was good but felt the sense of openness should be reduced so that people will have to slow down, and the cross gutters should also be taken care of. MR. TAYLOR addressed the Council and expressed concerns about the traffic and the gas station at the corner of Portola and Highway 111. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that whether there was a gas station on that corner or not, left turns off Alessandro onto Portola would not be permitted. He said he had voted against limiting the left turns until he was shown that there were more accidents at that intersection, primarily from people coming across Alessandro being hit by people coming off Highway 111 onto Portola Avenue. MR. JOHN PELLEHER, 74-220 De Anza Way, expressed concern with continued traffic flow through De Anza and stated that people come down that road at 60+ miles per hour. Councilman Crites asked whether speed bumps had been considered such as those in Temecula. Mr. Greenwood responded that staff had spent a lot of time studying speed bumps and that his recommendation was not to use them because the side effects offset the benefits. Mayor Kelly asked whether stop signs had been considered. Mr. Greenwood responded that they were considered but that one of the problems was that people, particularly residents of an area, get comfortable with those stop signs and know that no one is coming the other way, so they don't make a complete stop. Councilman Crites asked whether staff had considered the concept of routing traffic south onto alternate streets. Mr. Greenwood responded that this had been considered; however, the problem was that traffic is then put onto streets where it never used to be, and this causes additional problems. Councilman Crites asked about phasing these various measures instead of putting them in all at once. Mr. Greenwood noted that this would be a possibility. He said he had presented this as a package of three, feeling that there is a certain pattern of behavior going on now, and we need to break that pattern and have enough impact on the conscious level. He said more circles would have more impact, but it was possible to do one or perhaps two. Councilman Crites suggested that staff include in the questionnaires to be sent out a question about whether residents feel this should or should not be done in phases and where the City should start. Councilmember Benson expressed concern that not many people came to this meeting, and she suggested that staff go door to door with this questionnaire. Mr. Greenwood stated he was not sure going door to door would be any better because many people are at work during the day. Councilmember Benson suggested that perhaps something could be left on the doors to tell residents that City staff members were there and ask them to call. Mr. Folkers stated that during the meeting with residents, discussion was held relative to phasing these improvements or doing all of it at the same time, and there was more sentiment toward doing it all at once. With regard to diverting traffic, he said he would prefer not to divert traffic to other areas and instead to take care of traffic that is misusing that corridor. He added that CalTrans would be out next Monday to improve the timing of the signals on Highway 111. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Kelly suggested that staff proceed with meeting with the neighbors and come back to the Council with a report. Councilman Crites added that staff should also try to get a high number of responses from the residents. Councilman Spiegel moved to, by Minute Motion, direct staff to interview the maximum number of residents possible in the area, in a way staff so decides, and report back to the Council with a recommendation relative to the wishes of the residents. Motion was seconded by Benson and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF IMPLEMENTATION OF TRAIL BLAZER SIGNS AS PART OF. THE CALTRANS LOGO SIGN PROGRAM. Planning Manager Steve Smith noted the report in the packets. He said that when the City looked at the signage in the Freeway Commercial Overlay Zone, staff encouraged those businesses to try and participate in the logo program. Those signs would not need trail blaze signs because they would be visible from the freeway off ramps. He said the CalTrans program allowed signage for gas stations up to a mile, food businesses up to three miles, lodging up to three miles, and camp grounds up to ten miles to participate. He said if the business was not visible from the freeway off ramp, CalTrans requires the local agency to go in with trail blaze signs, which are signs with blue backgrounds, 30 inches by 30 inches, with the logo identical to the logo on the freeway but smaller. He said the City had a specific request. Emerald Desert Resort had applied through CalTrans and was ready to proceed; however, this project cannot be seen from the Cook Street off ramp, and CalTrans is requesting that the City put in a logo trail blaze sign at Frank Sinatra and Cook Street. He said the matter was reviewed at Zoning Ordinance Review last week, and that group asked that the matter be referred to the Council as a whole because this Council had decided that the freeway logo program would apply to the businesses in the Freeway Overlay District, the ones that didn't require trail blaze signs. He noted the questions on the bottom of page two and top of page three of the staff report. Councilman Crites moved to, by Minute Motion direct staff to approve a temporary use permit for the "trail blazer" sign at Cook Street and Frank Sinatra Drive for a period not to exceed one (1) year, with notation that he has brought this to the attention of Riverside County Supervisor Roy Wilson who is interested in diminishing the number of pole signs on the County side of the freeway and working with a duplicate of this program. Motion was seconded by Spiegel and carried by unanimous vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin noted the items on the Agenda for Closed Session and asked that the Council add the following to Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632 Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 4 (in addition to the two listed on the Agenda) Councilman Snyder moved to add these items to the Agenda for discussion in Closed Session. Motion was seconded by Crites and carried by unanimous vote. 1) Report and Action on Items from Closed Session Made at This Meeting. 2) &quest for Closed Session Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code Section 54956.9: Significant exposure to litigation pursuant to subdivision (b): Number of potential cases: 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 44-876 San Benito Circle Negotiating Parties: Agency: Philip Drell, Director of Community Development Property Owner: Cynthia Taylor Under negotiation: g Price Terms of Payment 2) Property: 44-890 San Benito Circle Negotiating Parties: Agency: Philip Drell, Director of Community Development Property Owner: Robert Del Gagnon Under negotiation: .L. Price Terms of Payment 3) Property: 6.32 acres at the southeast corner of Portola and Silver Sands Parkway APN 624-282-001 Negotiating Parties: Agency: Philip Drell, Director of Community Development Property Owner: Zemen Properties Other party: Baxley Properties Under negotiation: Price Terms of Payment Upon motion by Crites, second by Spiegel, and unanimous vote of the Council, Mayor Kelly recessed the meeting at 6:10 p.m. for Closed Session and dinner. He reconvened the meeting at 7:00 p.m. C. CITY CLERK Mrs. Gilligan noted that the third monthly issue of the City's newsletter had been printed and mailed. She noted that this issue included a report from the Sheriffs Department and that future reports would be included every other month. She added that next month's newsletter would include a story about the City Attorney and Business Support Center. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee.Reports: 1. Update on Progress of 1998 Community Calendar (Mayor Pro Tempore Jean M. Benson). Mayor Pro Tempore Benson reported that the Calendar Committee had met earlier in the day and that she had conveyed to the members the Councils concerns and ideas expressed at the last City Council meeting. She stated that at this point the contractor is regrouping and looking at photos to design the calendar in such a way that it will reflect what has been accomplished during the last 25 years. She added that the contractor will then come back to the City with a new concept. 2. Councilman Crites stated that the CVAG Energy & Environment Committee had met that day, and he reminded Mayor Kelly that on September 23, 1997, Imperial Irrigation District is having a meeting on governance at 6:00 p.m. at the La Quinta office. He said the District would like the Mayor or his designee to be there and speak to the Joint Powers Authority on electric rates. He added that as many Councilmembers as would like to attend could do so. Mayor Kelly stated that it was his intention to be at that meeting. 3. Councilman Crites stated that Congressman Bono would be hosting a symposium on the Salton Sea issues on October 3, 1997, in the Palm Desert Civic Center Council Chamber. He added that the Council would be receiving notices this week relative to that meeting. 4. Councilman Crites stated that all of the Councilmembers had received information relative to the California Conference on Redevelopment Agencies. He noted that cities that have redevelopment agencies had been targeted by this group, and he felt representatives from Palm Desert should attend the conference. He added that he would pass this information on to the Redevelopment Agency Executive Director. 5. Councilman Crites stated that the Councilmembers had all received a note relative to Mr. Fiero's development in the Cahuilla Hills. He said this was in the City's sphere of influence and, as done in the past, he said he felt it was appropriate for the Planning staff to comment on how chopping off the top of a mountain would fit development standards within the community. He asked that staff respond to the issues with an analysis. He said this was also the County Supervisor's good advice. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6. Mayor Kelly stated that there is a lot of money coming down from the State for highway projects. He said he was working on this with CVAG because Palm Desert was left in a bad spot. Upon motion by Crites, second by Spiegel, Mayor Kelly recessed the meeting at 6:10 p.m. for dinner. He reconvened the meeting at 7:00 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION See individual Agenda items for Council discussion and action. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING SEPTEMBER 18, 1997, AS "MICHAEL WIENER DAY" IN THE CITY OF PALM DESERT. Mayor Pro Tempore Benson read the proclamation and presented it to Michael Wiener. She noted that he was going to Washington, D.C. on September 18, 1997, to receive an outstanding award from National Geographic and Pizza Hut. She added that he was an exemplary example of youth. She added that Michael was the only student west of the Mississippi to receive this award. Ms. Betty Carapellese of Senator David Kelley's office and Ms. Kim Easton of Assemblyman Jim Battin's office presented a joint proclamation to Mr. Wiener and congratulated him on this very outstanding achievement. XVI. PUBLIC HEARINGS None 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 1997 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Upon motion by Spiegel, second by Crites, and unanimous vote of the City Council, Mayor Kelly adjourned the meeting at 8:25 p.m. for Closed Session. He reconvened the meeting at 9:15 pm. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GIIAN, CIT LERK CITY OF PALM DESERT RIC 22