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HomeMy WebLinkAbout1998-04-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:05 p.m. H. ROLL CALL Present: Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Pro-Tempore Robert A. Spiegel Mayor Jean M. Benson Excused Absence Councilman Buford A. Crites Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, RDA Executive Director Richard J. Folkers, ACM/Director of Public Works 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 III. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 9, 1998. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 50, 51, and 51PD Office Complex. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MINUTES of the Civic Arts Committee Meeting of March 9, 1998. Rec: Receive and file. D. RESOLUTION NO. 98-46 - 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 and Safety that have been Microfilmed (March 1998). Rec: Waive further reading and adopt. E. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee Recommendation for Funding for James E. Carter Elementary School. Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that section of the Minutes for Council discussion and action. F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1997/98 Drywell/Inlet Program (Contract No. C14380) Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the 1997/98 Drywell/Inlet Program. G. REQUEST FOR AWARD OF BID for Underground Electrical Conduit Installation (Contract No. C13970). Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that section of the Minutes for Council discussion and action. H. REQUEST FOR APPROVAL of Art -In -Public -Places and Civic Arts Committee Recommendations Relative to the I-10 Enhancement Program. Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that section of the Minutes for Council discussion and action. Councilman Spiegel asked that Items G and H be removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Councilman Ferguson asked that Item E also be removed for separate discussion. Upon motion by Kelly, second by Spiegel, the remainder of the Consent Calendar was approved as presented by unanimous vote of the City Council. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT ITEMS HELD OVER E. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agencies Committee Recommendation for Funding for James E. Carter Elementary School. Councilman Ferguson stated that while he realized this was funding for the Carter Elementary School, with part of it to be used for the Missoula Children's Theatre, Peacebuilders, and Odyssey of the Mind, he wondered whether the regional Odyssey of the Mind competition which the Council previously funded had occurred and what the results were. Mr. Diaz stated that this was the group that was sent to Sacramento for the regional competition. He said they had finished sixth or eighth and had done quite well for their first year. Councilman Ferguson moved to, by Minute Motion, approve the Charitable Contributions/Outside Agencies Committee recommendation for funding in accordance with the 1997/98 budget for James E. Carter Elementary School in the amount of $6,000.00 and authorize the Mayor to execute the agreement between the City and James E. Carter Elementary School PTO. Motion was seconded by Kelly and carried by unanimous vote. G. REQUEST FOR AWARD OF BID for Underground Electrical Conduit Installation (Contract No. C13970). Councilman Spiegel questioned the bids received for this project, with the low bid being $7,160.00 and the high bid at $58,643.00, and he asked if the two companies bid on the same thing. Mr. Folkers responded that they had bid on the same thing. He said this was to bring in the conduit so that there will be electricity for the street light on the corner of Portola Avenue and Grapevine Street. Councilman Spiegel moved to, by Minute Motion, award the bid to Brey Electric, Beaumont, in the amount of $7,160.00 and authorize a ten percent contingency in the amount of $716.00. Motion was seconded by Kelly and carried by unanimous vote. H. REQUEST FOR APPROVAL of Art -In -Public -Places and Civic Arts Committee Recommendations Relative to the I-10 Enhancement Program. Mr. Nagus reviewed the staff report, noting that this was for a design development agreement for artist Will Nettleship to work with an ad hoc committee that had been formed of City staff to provide aesthetic enhancement for the three interchanges at Monterey Avenue, Cook Street, and Washington Street along the Interstate 10 corridor. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated it was his understanding that approximately six months ago, the City was going to do some enhancement on the lizards on the Cook Street interchange. He asked what the status of this project was. Mr. Nagus responded that it was his understanding the request was to paint the lizards and that there had been a difficulty with Caltrans in terms of coming up with the contract. Councilman Kelly stated he thought the Council had already made that decision to paint the lizards because it is difficult to see them. He said he thought the plan was to stain them brown so they would show up better. Mrs. Gilligan stated that staff would look into this further and would report to the Council at the 7:00 p.m. portion of the meeting. Councilman Spiegel stated that he had no problem with what staff wanted to do; however, he felt there was a more major problem with the appearance of Highway 10 as it goes through the City, and he would rather more money be spent to improve the side of the road than to make the interchanges look better. Mr. Nagus stated that the intent was to start a juggernaut of good design and allow that to actually filter its way through the entire Valley. He said CVAG had $40,000 to be used as seed money for cities to come in with aesthetic enhancement, and staff felt the City had the opportunity to take the lead. He said the City had taken the lead with the Cook Street interchange, and this was the next step. Councilman Spiegel stated that he still felt the improvements to the side of the highway should be done first. Councilman Kelly disagreed and said there was money for the interchange enhancement, and there was no money yet for what Councilman Spiegel wanted to have done. He added that it was a grant to CVAG to do the interchanges. Councilman Spiegel said he would like to challenge the City Manager to see what can be done with Caltrans and whoever else is necessary to get something done on Interstate 10. He said as people drive out from Los Angeles, there is no area along there that looks worse than the area going through the City of Palm Desert. Mr. Folkers stated that there was already a landscape architect working on the interchanges, with the prime thrust being at Monterey Avenue. He said this Agenda item was to bring in the art element, and the intent was to come up with a theme for the three interchanges, and that would go all the way along Interstate 10 as well as the Cook Street corridor if the development along there will go along with it. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, approve the Art -In -Public -Places and Civic Arts Committee recommendations to commission artist Will Nettleship for an amount not to exceed $5,000.00 to collaborate with the City of Palm Desert in the creation of a concept plan for visual enhancement of the Washington, Monterey, and Cook Street interchanges and direct the City Manager to look into what can be done to improve the appearance of Interstate 10 as it goes through Palm Desert. Motion was seconded by Ferguson and carried by unanimous vote. MR. PETE FREESTONE, 72-761 Tamarisk Street, expressed concern with the City always spending money. He said citizens cannot drive on Highway 111 or on half the other streets in the City because there is no money to make improvements, yet the City has $5,000 to put in art. He also expressed concern with the lack of signage on Interstate 10 directing people to Palm Desert. He said although there were three exits for Palm Desert on Interstate 10, the signage only indicates two exits. He added that he felt it was ridiculous for the City to spend money on things that a majority of residents of Palm Desert did not even notice or see. With regard to Consent Calendar Item G, he said he felt it was absurd that it cost $7,000 to put in electrical conduit for a signal at the corner of Grapevine and Portola Avenue. He said it was less than a year ago that he was at the Council meeting requesting installation of a stop sign at this same location, and all of a sudden a contract has been approved for installation of a signal. Mayor Benson noted that this was a street light, not a traffic signal, at this location. Mr. Freestone stated he felt $7,000 to put in conduit for a street light was absurd, especially since there are already Edison facilities on the west side at the Coachella Valley pumping station. He said he felt a drypack could be put in the transformer that is already there and secondary voltage could be brought over to a street light, and this would cost a lot less than $7,000. V. RESOLUTIONS None VI. ORDINANCES For Introduction: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 867 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A SENIOR HOUSING DEVELOPMENT AGREEMENT RELATING TO AFFORDABLE HOUSING REQUIREMENTS FOR A PROPOSED 20 UNIT SENIOR ASSISTED LIVING COMPLEX AT THE SOUTHEAST CORNER OF SAN CARLOS AVENUE AND CATALINA WAY. (CASE NO. DA 97-3). Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 867. Motion was seconded by Spiegel and carried by unanimous vote of the Council. VII. NEW BUSINESS A. CONSIDERATION OF REQUEST FROM THE PALM SPRINGS DESERT MUSEUM FOR A GRANT-IN-AID IN SUPPORT OF ITS 60TH ANNIVERSARY AND ITS MAJOR FOLK ART EXHIBITION "RECYCLED/RE-SEEN: FOLK ART FROM THE GLOBAL SCRAP HEAP". Mr. Nagus reviewed the staff report, noting a clarification to his staff report relative to the funds coming from unobligated general fund reserves. He stated that Carolyn Miller and Jim Cornett from the Palm Springs Desert Museum would briefly discuss the exhibit and distribute exhibition catalogs to the Council. He said there was a copy of the proposal in the staff report which outlined the educational component of this exhibit. MR. JIM CORNETT, Palm Springs Desert Museum, stated that the Museum had heard about this exhibit approximately four years ago. He said the exhibit highlighted the recycling of materials to construct art objects. He said as Curator of Natural Science, he was interested in this because it had been difficult to develop awareness on the part of the general public relative to the need for recycling. He noted that Palm Desert for many years had been at the forefront of this effort in the Coachella Valley. He said when this exhibit became available, the Museum had approached a number of agencies and municipalities in the Coachella Valley, including Palm Desert, and had requested support to bring the exhibition to Palm Springs. He said the Museum Board of Trustees had approved bringing the exhibit to Palm Springs, and he asked the Council's support in the amount of $50,000. He added that there were many components that went with the exhibition, including an educational program, and he said part of the marketing for this project would include sending to all residents of Palm Desert free family passes to the exhibit. He said it was anticipated the exhibit would bring in close to 100,000 people, most of them Coachella Valley residents, when it opens to the public in July. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel stated it was his understanding that the total cost to bring the exhibit to the Museum was $225,000. Mr. Cornett responded that it was actually approximately $250,000 because the Museum had double -booked the exhibition. He said when this proposal was made, they only had a single booking and had expanded it from three to six months. Councilman Spiegel stated the proposal indicated the Museum was requesting $50,000 from the City of Palm Desert, with $5,000 coming from the City of Rancho Mirage, $20,000 from the City of Palm Springs, and no other cities in the Coachella Valley listed. He said while he did not think there should not be some kind of support from the City of Palm Desert, he felt the amount being asked was fair. He said the City of Palm Desert was helping the McCallum Theatre because it was having trouble payings its bills, and the only cities helping the Theatre were Palm Desert and Indian Wells. He said the City of Palm Springs could not step up and say it wanted to be a major player, and he had a problem with this. Mr. Cornett stated that they were somewhat disappointed by the participation of the City of Palm Springs, although this was the first time Palm Springs had stepped forward and made a contribution to the Museum. He said they believed Palm Desert, more than any other city in the Valley, had led the way with the recycling effort and would make a better partner than any of the other participants. Councilman Spiegel stated he assumed one of the objectives was to bring people to the exhibition, and he felt Palm Springs would benefit more than Palm Desert by people coming from outside the Valley to visit the Museum. MS. CAROLYN MILLER addressed the Council and stated that the primary thrust of this exhibition was education of both children and adults. She said education had been a goal of the City of Palm Desert, and there were many families in Palm Desert with children who would be coming to the Museum. She said the education component in the exhibition would include two-hour visits by the children; one hour will be to view the exhibition with the trained specialist, and the other hour would be to have a hands-on experience with the global scrap heap. She noted that the City of Indian Wells had participated with the Museum with a sizable sum for another exhibition. She said not every city has the same goals; Palm Desert has children and families and has been the standard bearer for recycling and environmental concerns. She said that was the desire in determining the amount to ask from the City of Palm Desert. Councilman Ferguson stated that while he felt the Museum was doing something absolutely wonderful, he felt Councilman Spiegel had touched on a reality for the City of Palm Desert. He said that he, Councilman Spiegel, and Mayor Benson had worked several years ago to literally save the McCallum Theatre and to help it stay open. He said this was a wonderful exhibition to have at the Museum but that it was not a matter of necessity. He added that the 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Museum had double -booked the show, which was also not a matter of necessity. He said he would be hard-pressed to justify to the residents of Palm Desert the expenditure of $50,000 in Palm Springs when there are plenty of needs here locally. He applauded the City of Rancho Mirage for doing a grant-in-aid and said he would consider something similar for the City of Palm Desert, but he could not support $50,000. Councilman Kelly said that what the Council was talking about doing on Inierstate 10 and the interchanges was Valleywide money that all the cities contribute to. He said in the case of the request by the Museum, it would be the City's money, and there was a lack of cooperation in many Valleywide projects where the City of Palm Desert ends up being the good guy. He said this was something that would bring in a lot of visitors to Palm Springs, and the City of Palm Springs was only contributing $20,000 while Palm Desert was being asked to contribute $50,000, and he did not know how the Council could consider approving this request. Mr. Nagus stated that one of the notions of having this go through the Art -In -Public -Places program was that this was an opportunity to work with the Museum to craft specific programs for Palm Desert students and Palm Desert residents. MR. PETE FREESTONE stated that he felt this would be another giveaway by the City of Palm Desert, and he recommended that the Council not approve any funding for this project. He added that he did not think it was possible to find even one person in the Council Chamber who would think about attending, let alone dragging their family and kids over to the Museum. Mayor Benson stated she felt this was a worthwhile program. She said the only way she could support doing it would be if it was presented to the public in such a way that Palm Desert teams with the Palm Springs Museum, leading the way for recycling in the Valley, where Palm Desert's name was as prominent as Palm Springs and that the Museum was being used because the City of Palm Desert at this point does not have a facility to put on an exhibition like this. She said she felt it had to be that the City of Palm Desert was willing to lead the way in a regional project that benefits the whole community, but Palm Desert needs just credit from the Museum for it. She said she felt it should be joint project between the City of Palm Desert and the Museum. She said that at some point other cities needed to give up the attitude they have that they are only going to fund things in their city and that Palm Desert had asked other cities over and over again to help, and they do not help. She added that Palm Desert was willing to do its share if it helps the community. She disagreed with Mr. Freestone and said there would be a lot of people who go to the Museum to view this exhibition. Mr. Cornett stated that the Museum would fully expect the City of Palm Desert to be the lead agency. Councilman Ferguson stated that he did not support using general fund money for this; however, under the mandates of AB939 under solid waste collection, cities are required to endeavor in a certain public education of sound solid waste management handling practices. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * He said he had just spoken with the City's Environmental Conservation Manager, and the City does have monies available from its franchise agreements for public education for this purpose. He suggested continuing this matter, identify a source of money that would be restricted for this purpose, and come back with a proposal that might be more acceptable. Councilman Spiegel agreed. Councilman Kelly suggested that there also be some kind of demonstration on how the City of Palm Desert will be recognized. Mayor Benson stated that each of the cities should have that same funding source, and this should be pointed out to them. Councilman Ferguson agreed and said this would a good way for the cities to meet their requirements. He added that this was a State mandate. Councilman Spiegel moved to continue this matter to the meeting of May 14, 1998. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR APPROVAL OF THE PURCHASE OF A CNG REGENERATIVE AIR SWEEPER. Mr. Folkers stated that staff had been requesting warranty information from this supplier; however, the appropriate information had not yet been received. He recommended that the Council continue this matter. Councilman Kelly moved to continue this matter to the meeting of May 14, 1998. Motion was seconded by Spiegel and carried by unanimous vote. Mr. Diaz asked that this matter be continued to the meeting of May 28th instead. Councilman Kelly amended his motion to continue this matter to the meeting of May 28, 1998. Councilman Spiegel agreed to amend his second, and the motion carried by unanimous vote. C. REQUEST FOR AWARD OF CONTRACT FOR IMPROVEMENTS TO THE BUSINESS SUPPORT CENTER AND LOBBY (Contract No. C14180). Mr. Diaz noted the report in the packets and stated that Mr. Conlon was available to answer any questions. Councilman Spiegel asked how much of the contract was for the Business Support Center and how much was for the lobby. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Conlon responded that approximately $38,000 was for the lobby tile; the remainder was for the Business Support Center for new ceiling partitions, walls, carpeting, and built-in cabinets for work stations. Upon question by Councilman Spiegel relative to what will be done in the lobby, Mr. Conlon responded that the tile would be replaced with tile similar to that in the Administrative Services Building. He noted that Mr. Nagus was also working on a display area for local artists. He added that the silk trees would be removed and would be replaced by a nice piece of art. Councilman Spiegel asked if staff would be coming back to the Council for more money for something in the middle of the lobby. Mr. Conlon responded that it would be for the art. He stated that Mr. Nagus was working on a revolving art exhibit where local galleries could give the City a piece of art to display for a certain period of time. He said staff would not be coming back for more money for artwork in the middle of the lobby. Mr. Diaz added that the tile in the Community Service Building was in terrible shape and needed to be replaced. Councilman Spiegel stated that the Council was really not deciding right now how to use the lobby. Mr. Diaz agreed. Mr. Conlon added that staff would come back to the Council with what will be done with the planter area, and this was not a decision Council needed to determine now. Councilman Ferguson stated that only the tile for the lobby was being done now, and Mr. Conlon agreed. Councilman Ferguson expressed concern with the amount being spent and stated that if there was approximately 3,500 square feet of area to be tiled, the cost was approximately $10.00 per square foot, and he felt this seemed extremely high for tile. He asked whether staff was satisfied with the numbers. Mr. Conlon said he felt the numbers were fine. He said the budget was $120,000.00, and the low bid came in at $102,600.00. Councilman Spiegel stated that the Business Support Center definitely needed to be redone. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson stated that he had no problem with the Business Support Center and felt it was a necessary function. Councilman Spiegel moved to, by Minute Motion: 1) Award Contract No.C14180 to Wall Construction (Palm Desert) in the amount of $102,600.00; 2) authorize the Director of Finance to appropriate $102,600.00 plus a ten percent contingency of $10,260.00 ($112,860.00 total) from the unallocated Construction Tax reserves. Motion was seconded by Kelly and carried by a 3-1 vote, with Councilman Ferguson voting NO.: D. REQUEST FOR CONSIDERATION OF RESOLUTIONS PLACING LIENS ON PROPERTIES FOR REPAYMENT OF THE COSTS ENCUMBERED BY THE CITY FOR THE ABATEMENT OF WEEDS AND OVERGROWN GRASS. Code Compliance Supervisor Hart Ponder reviewed the staff report and offered to answer any questions. Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No 98-47, requesting the County Auditor to assess property for the cost of nuisance abatement pursuant to Section 2.20.140 of the Palm Desert Municipal Code (APN 624-211-002, 74-265 Primrose Drive, Palm Desert); 2) waive further reading and adopt Resolution No. 98-48, requesting the County Auditor to assess property for the cost of nuisance abatement pursuant to Section 2.20.140 of the Palm Desert Municipal Code (APN 627-052-006, 73- 321 Catalina Drive, Palm Desert). Motion was seconded by Ferguson and carried by unanimous vote. E. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street Mr. Folkers stated that this project was scheduled to be completed by the first of July. 2. Progress Report on Retail Center Vacancies Mr. Drell stated that there was nothing to report at this time. 3. Progress Report on Utility Deregulation Mr. Diaz stated that there was nothing to report at this time. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. CONTINUED BUSINESS A. RESOLUTION NO. 98-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING FORECLOSURE ACTIONS AND APPROVING SPECIAL COUNSEL AGREEMENT. (Continued from the meetings of January 22, February 12, February 26, and March 26, 1998.) Councilman Spiegel moved to continue this matter to the meeting of May 28, 1998. Motion was seconded by Ferguson and carried by unanimous vote. B. REQUEST FOR CONSIDERATION OF AN APPEAL BY THE H.N. & FRANCES C. BERGER FOUNDATION TO A DECISION OF THE PALM DESERT ARCHITECTURAL REVIEW COMMISSION AND AN APPEAL BY COOK SQUARE INVESTORS I, C/O SABBY JONATHAN, TO A DECISION OF THE PALM DESERT PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT TO CONSTRUCT A 24,543 SQUARE FOOT CORPORATE OFFICE BUILDING ON 4.15 ACRES AT THE NORTHEAST CORNER OF COOK STREET AND SHERYL AVENUE, Case No. CUP 97-15 (Continued from the Meeting of March 26, 1998). Mr. Drell stated that a letter had been included in the packets from the President of the Berger Foundation requesting that this matter be tabled. He added that the applicant was apparently reassessing the whole project and would come back to the City when they have made a decision. Councilman Spiegel moved to TABLE this matter. Motion was seconded by Benson and carried by a 3-0-2 vote, with Councilmen Crites and Ferguson ABSENT. C. CONSIDERATION OF REQUEST FROM JIM PEARCE, OWNER OF COVE CONDO RENTALS, FOR EXEMPTION FROM NEW TRANSIENT OCCUPANCY TAX PAPERWORK REQUIREMENT FOR COMPLETION OF AN ADDITIONAL "EXEMPTION REPORT" (Continued from the Meeting of April 9, 1998). Mr. Gibson stated that he had met with Mr. Pearce earlier that day, and Mr. Pearce asked that this item be continued due to the fact that one of the City's requirements was that he could revise his exemption form to have some wording on it to notify the potential transient occupancy tax person that if they are staying 31 days they are agreeing that they will waive any right to get a refund. He said Mr. Pearce had submitted it to him, but he had not had submitted it to the auditor to review. He said staff was requesting a continuance at this point. Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting of May 14, 1998. Motion was seconded by Kelly and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. REQUEST FOR CONSIDERATION OF PROPOSED MOBILEHOME PARK CONVERSION ORDINANCE (Continued from the Meeting of April 9, 1998). Mr. Erwin asked that this matter be continued to the next meeting. Councilman Spiegel moved to continue this matter to the meeting of May 14, 1998. Motion was seconded by Kelly and carried by unanimous vote. Mayor Benson stated that she wanted to be sure the Silver Spur residents are notified that the Council will be discussing this since the original request came from them. IX. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C10010, CONSTRUCTION MANAGEMENT FOR COOK STREET AND MONTEREY AVENUE INTERCHANGES. Mr. Folkers noted the report in the packets, noting that the City had a contract with M.K. Centennial to do construction management for both of these interchanges. He said the County had asked to be the surveyors; however, Associated Engineering ended up doing the surveying at Cook Street. As a result, M.K. Centennial did some work for the City with regard to the embankment construction at Cook Street which was in addition to the original scope of work. He said there were also some costs for late construction due to railroad delays which was approximately $25,000.00. He noted that the rest of the cost was for Associated Engineering for the out -of -scope work that had to be done for the Cook and I-10 embankments and record of survey that was not in the original contract. Councilman Spiegel asked whether this work had already been done, and Mr. Folkers responded that it had. Councilman Spiegel asked if the City would be reimbursed, and Mr. Folkers responded that this would be done through pass -through from CVAG. Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $75,429.00; 2) authorize the transfer of $75,429.00 from contingency to base. Motion was seconded by Kelly, and carried by a 3-0-1 vote with Councilman Ferguson ABSTAINING. Councilman Ferguson stated that he had requested some additional information on this item and never received. He said he did not, therefore, feel capable of voting on this issue. B. REQUEST FOR APPROVAL OF DESIGN -BUILD STIPENDS FOR DESERT WILLOW GOLF CLUBHOUSE COMPETITION PARTICIPANTS. Project Manager Rudy Acosta reviewed the staff report, noting that staff had been requested by Council to go back to the Desert Willow Committee and discuss a more appropriate amount 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * *;* * * * * for the stipends for the participating design -build teams. He stated that the Desert Willow Committee recommended approval of a $15,000.00 stipend for Simon/McFadden/McIntosh, with $5,000.00 each stipends for the teams of Dahlin/Barnhardt, Roel/Denzer, and IDS/B, Inc. /FDS, International. Councilman Spiegel noted that the higher stipend for Simon/McFadden/McIntosh was because this team was asked to go back and redo its presentation, as was the firm ultimately selected to construct the clubhouse. Councilman Spiegel moved to, by Minute Motion, authorize the appropriation of the following stipend amounts for the participants of the Desert Willow Golf Clubhouse design -build competition: 1) Simon/McFadden/McIntosh - $15,000.00; 2) Dahlin/Barnhardt - $5,000.00; 3) Roel/Denzer - $5,000.00; 4) IDS/B, Inc./FDS, International - $5,000.00; 5) GKK/Zajfen - $5,000.00. Motion was seconded by Kelly and carried by unanimous vote. C. CONSIDERATION OF PALM DELL ESTATES NEIGHBORHOOD TRAFFIC CONTROL PLAN. Mayor Benson noted that some residents had been advised this matter would be discussed during the 7:00 p.m. portion of the meeting while others had been advised it would be considered at 4:00 p.m. She stated for the benefit of the audience that this would be heard at 7:00 p.m., and she invited testimony at this time for anyone interested in doing so. MR. PErt, FREESTONE, 72-761 Tamarisk Street, asked whether any consideration had been given to Fairhaven Drive. He said he understood someone had written in to the newspaper suggesting the extension of Fairhaven Drive through to the north. He said there was only residence on that street that would be affected at that time, and there was a possibly that the road could be extended, therefore doing away with the necessity for people to cut through this neighborhood in order to get where they are going. He said he had received information from Mr. Folkers relative to changes that will be made at the intersection, and it sounded to him that if those changes are made and are made in a timely manner, that will solve the problem for residents without having to close streets. This matter was continued following the dinner break and the Awards, Presentations, and Appointments portion of the City Council meeting. Mr. Folkers stated that staffs recommendation was based on discussions with residents. He said the recommendation was to remove the temporary closures at Fairhaven Drive, Adonis Drive, and Acacia Drive, north of Fred Waring Drive, and prohibition of left turns for eastbound traffic on Fred Waring at Fairhaven Drive and on Fred Waring Drive at Adonis Drive. He said he and the City Manager had met the previous Friday with the lady who had been very active in soliciting input from the neighborhood, and one of the concerns expressed was that the program as staff was recommending had real concerns for the neighborhood. He 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * said this was because during the last 90 days the amount of traffic had been reduced as well as some of the problems with speeding; however, the City had continued to receive letters, phone calls, and comments with regard to these closures. He noted comments had been made to the fact that these are public streets which are paid for by public tax dollars and should be opened up to the public. He said staff tried to point out that the City is not closing them off as such, that there are only certain restrictions. He noted there had been problems with people moving barricades or going around them, but the goal of trying to provide a quieter neighborhood and improve the quality of life for the residents has been achieved. He added that because letters and comments from residents were mixed, staff felt it was important to have additional input from residents and further discussion with the Council. He suggested that testimony be received from members of the audience. Councilman Kelly stated that he felt the Council should receive a complete staff report prior to testimony from the public, and the Council agreed. Mr. Folkers stated that since April 10, 1998, staff had received well over 90 calls from people in the neighborhood. He said there were approximately 90 residents affected; however, staff has been receiving telephone calls and comments from people outside the area as well. He noted that comments relative to residents being provided an inner sanctum and not having to allow other people into their neighborhood had been the prime concern. He noted that based on comments brought to him and the City Manager in a meeting with Sharon Howard, staff felt there were advantages to doing closure on two of the streets and providing an access along Acacia Drive between Parkview and Fred Waring Drive. He stated the two churches affected had made comments to Mark Greenwood, and staff had been trying to coordinate with the two churches so that whatever is done will not affect their services on the weekends. He said when the report was prepared around April 13th, there was no pure consensus as to how this would be approached. He noted that per the staff report, in July of 1996 there were approximately 2500 trips per day; in April of 1998 when the counts were taken, there were approximately 1600 trips per day. This meant there was a reduction in traffic, and from what staff could determine, there was also a reduction in speed. He said the proposals first presented to Council were traffic controls along Fred Waring Drive, and it was staff s feeling that a lot of the reason for the cut through was the ease of convenience to get between Parkview and Fred Waring, and providing restrictions as far as turns and other maneuvers out of the Palm Dell Estates area would reduce that. He said one of the concerns expressed was when the new development goes in on the north side of Fred Waring between Monterey and Acacia, a lot of the traffic from that development would be going up and down Acacia or through the neighborhood, and the plan presented by staff was felt would minimize that. Mr. Folkers stated that staffs ultimate recommendation was that whatever is decided, this should go to a ballot of the neighborhood. He said staff was in the process of doing that for the traffic circle on DeAnza and sending out postcards indicating what the Council -approved alternative is and requesting input from the residents. He said staff would like to see 75 % affirmation of whatever program is to be implemented. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers closed his report by stating that staffs recommendation at this time was to continue the closures on Fairhaven and Adonis and to open up Acacia Drive. Councilman Ferguson asked whether staff's recommendation was different from that shown on the Agenda, and Mr. Folkers responded that it was different as a result of the meeting with Ms. Howard the previous week and because the mix of the letters and comments received were such that staff felt it had misread what the neighborhood feeling was. He said his recommendation was to provide a closure on Fairhaven north of Fred Waring, working with the two churches involved, a closure on Adonis north of the commercial area, and to open up Acacia. Councilman Ferguson asked if staff was recommending doing anything with the left turn prohibitions on Fred Waring, and Mr. Folkers responded in the negative. Mr. Folkers showed an overhead of the streets in the area and the proposal for the closures. The following individuals spoke in OPPOSITION to the closures: MR. ROBERT GORME, 72-805 Parkview Drive, stated that with regard to the churches, he had never seen more than two or three vehicles at any time except Sundays. He said he would agree with closing the streets on Sundays but felt they should be left open the rest of the time. After testimony from members of the audience, he suggested putting a closure at the corner of Arboleda and Acacia on the east side, with another closure on Arboleda and Fairhaven to close off Arboleda, Gloriana, and Adonis. He suggested the rest of the streets be left open. MR JOE SCARNA, 72-840 San Juan, stated he had originally voted for the 90-day closures but now was opposed. He suggested that instead of closing the streets, stop signs should be installed and police officer should ticket offenders. He also expressed concern with parking in the neighborhood by people going to the Street Fair at College of the Desert. MR. HERB ROTHMAN, 202 Seville, Monterey Country Club, stated he felt closing the streets was a serious precedent. MR. PETE FREESTONE, 72-761 Tamarisk Street, said he felt the problem could be solved with law enforcement and perhaps limiting access at certain times of the day. He also expressed concern that closing the streets could cause an increase in response time by emergency vehicles. MS. HELEN BROKER, 72-795 Fleetwood Circle. MR. ZACHARY SCOTT, 43-805 Monterey Avenue, manager of the apartment complex on Monterey Avenue and Fred Waring, stated he represented the 64 tenants of this complex. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel asked whether removing the barricade on Acacia would take care of the apartment complex residents' problem, and Mr. Scott responded that it would help with the problem of access for his tenants. MS. VALERIE MALONE, 43-805 Monterey, Apt. 51. MS. DIANA LaMAR, 43-825 Acacia Drive, stated that there were 137 current residents in this area, 94 in opposition to the closures, which was 69%. She suggested installation of traffic signs and speed limit signs with enforcement of the speed limits. The following individuals spoke in FAVOR of the closures: MS. BEVERLY VORWALLER, 72-875 Parkview Drive MR. DOUGLAS REMER, 72-895 Mimosa, said while he was pleased the traffic had been reduced, he was also in favor of any alternate plans. MS. KATHY BROWN, co-owner of a business at the corner of Parkview and Monterey Avenue, said she had not been made aware that these closures were being done. She agreed with the new recommendation to keep Acacia open and close the other two streets. MS. JUDY ROGERS, Fairhaven and Arboleda, stated that if the street closures do not become permanent, she would be in favor of the installation of stop signs and some legislation that would keep people from ruining the neighborhood by cutting through. MR. DON KRAEMER, corner of Gloriana and Adonis Streets. MISS DESIREE ROGERS, Fairhaven and Arboleda. MR. HARRY HEIN, Arboleda Drive. MS. AMELIA OLIVARES, 72-905 Arboleda, said she felt leaving Acacia open and closing the other two streets would be a partial solution. MR. LYNN CUMMING, 72-890 Arboleda, stated he was not opposed to closures but was definitely against full closure. MS. CHRIS REMER, 72-895 Mimosa. MR. LANCE DAVIS, 72-879 Arboleda. After testimony from members of the audience, he stated he felt a solution would be to open Acacia and install stop signs on each of the three cross streets. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. CONNIE LOPEZ, 72-840 Arboleda. MS. JEANNIE ALBALDEJO, 72-775 San Juan, stated that the issue was not traffic in the neighborhood, it was the light at Monterey and Fred Waring Drive, which the Public Works Department was trying to improve. She said if that light was not a problem, people would not have to cut through the neighborhood. She added that taking down the barricade on Acacia would not solve the long-term problem because Acacia will then become the cut -through street. MR. ROD MURPHY, 72-764 Arboleda, said he felt the closures had been a blessing. He said he was willing to try opening Acacia Drive for 90 days to see how it works. MS. ELLEN DREYER, 43-824 Adonis. MS. SHARON HOWARD, 43-866 Adonis Drive. MR. PAGE QUILLING, 72-845 Arboleda Drive. A gentleman residing at 43-663 Acacia Drive. MR. KEN SAVAGE, Pastor of the Baptist Church, stated that the barricades were in between the driveways to the church parking lot. He said if the neighborhood wanted the barricades that would be okay as long as the church was allowed to move the barricades on Sunday at the north entrance for the services so that people could get out. He also expressed concern with his people trying to make left turns onto Fred Waring. MR. DAVE PARSONS, representing the Jehovahs Witness church, stated that he was neutral in this regard; however, he did express concern with the barricades being on either side of their property. He said if the Council and the neighborhood want to have the barricades, he would like to have the ability to work with Public Works staff relative to the exact placement of these barricades, since the current location forces the church people to enter the parking lot from Fred Waring Drive. Council Comments: Spiegel -- He stated a comment had been made earlier that cities move slowly and said the reason was that the Council was trying to make the best decision possible after getting input from the people involved. He said he had high respect for Mr. Folkers, the City's Chief Engineer. He said Mr. Folkers and staff had come up with a solution about a week ago, and that recommendation was changed at this meeting. He said he was not yet readyto vote on this issue and would like to see more thought and more effort come from staff, perhaps a brand new recommendation that would make more sense to him. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ferguson -- He said he was prepared to move forward and felt the 90 days had been torturous for many people on both sides of this issue. He said he felt some direction needed to be provided for both the people who live there and residents of the City. He said his familiarity with street closures in this area went back to his days on the Planning Commission when he and Mrs. LaMar were on differing sides of an issue where Mrs. LaMar voluntarily wanted to have a six-foot wall closing Acacia because of the Pinnacle Athletic Club which was going to be developed. He said he found it insightful that Mrs. LaMar is now in favoring of keeping Acacia open and that this told him she wanted to do what was best for the neighborhood as far as it is impacted by Acacia Drive. He agreed with comments made that the problem is not so much the neighborhood -- it is the intersection, and he noted that Fred Waring and Monterey was the second busiest intersection in the City of Palm Desert. He said he felt the problem was to control speed and control traffic. He said he would like to eliminate the problem but not eliminate the streets and felt the street closures had eliminated the streets. He agreed with the comment that leaving Acacia Drive open and closing the other two streets would make a freeway of Acacia Drive. He noted that six stop signs had been installed on Fairway Drive to slow down the traffic, and people had stopped taking that street. He said he did not know why people would wantonly disregard a no right turn area out of a parking lot, but people will usually not run stop signs. Even if they slow down to five miles per hour, if they do it several times, that will put up more resistance in the neighborhood, and they will be encouraged to go through Monterey and Fred Waring. He said the Council did recognize that Fred Waring and Monterey has congestion, and there were right hand turn pockets going in off of Monterey. He said most of the people coming off of Monterey who cut through this neighborhood want to go westbound on Fred Waring Drive; if there is a right hand turn lane with an arrow and a merging lane onto Fred Waring Drive, there would be no resistance there, and it would be quicker for them to go through that right hand turn pocket than go through three stop signs down Acacia. He said he agreed there was a problem with the Trader Joe's parking lot, and people heading eastbound on Fred Waring want to cut left and go through this neighborhood to get northbound on Monterey. He said he felt the City could do things to retard or inhibit that traffic behavior as well. He added that he firmly believed absolute closure of the streets, while absolutely desirable for those who live there, was not a civic -minded approach to take. He said he would like to remove the barricades and experiment with traffic mitigation, stop signs, increased enforcement, etc. for 90 days to see how that would work. He said this was designed to be an open subdivision, and he felt it should stay an open subdivision, and it was the City's responsibility to improve the Fred Waring Drive/Monterey Avenue intersection. Kelly -- Said he shared Councilman Ferguson's comments but would like to move ahead now. He said he felt the City's engineers had more than enough time to come up with their expert solutions. He said he felt continuing this for another time period was not going to change the situation. He said he was in favor of using all the traffic mitigation measures possible in this area but was not in favor of leaving the streets closed or making difficult turning situations on Fred Waring. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Benson -- She said although this neighborhood was designed as a residential neighborhood, the residents did not know at the time that it would be surrounded by commercial. She said the apartments were there, but the zoning was changed for the office complex on Fred Waring, with the condition that they not exit through the community. She said that unfortunately, developers do not tell tenants that. She said she was not in favor of closing off the whole neighborhood; however, she had noted that there were more people who wanted some measures in there than those who do not. She said she felt there was something else that could be done without making Acacia a thoroughfare. She added that she would like to see another plan showing where stop signs might be placed and what else could be done to help the residents and keep the traffic slowed down. Spiegel — He stated that the City is rezoning Monterey Avenue; at one time it was residential, and it is now becoming office professional because the City is trying to clean up that area and feels it looks better as office professional with dentist and doctor offices than with some of the residential that still exists. He said this area was not like Fairway Drive. He agreed there was more traffic on Fairway, and the answer on Fairway was to reduce the speed limit to 25 miles per hour; however, this could not be done on Fred Waring Drive. He said he would like this issue revisited but was not ready to vote to remove the barricades at this time. Upon question by Councilman Kelly, Mr. Folkers responded that the 90-day period was over. Councilman Kelly asked if that meant the streets would be opened up if the Council did nothing at this time. Mr. Erwin responded that this was a 90-day test period. He said his assumption with that was that the Council had placed the barricades for 90 days, and at the end of that 90 days the test would end. Councilman Ferguson stated that he had indicated 90 days ago for those who were unhappy with this test period that this was only for 90 days. Councilman Kelly stated that the people who were against closing the streets were assured it would only be for 90 days while the test was done, and the barricades would then be taken down and the Council would make a decision. Mayor Benson stated that going on that theory, the test was successful because there were more people who wanted it to stay than those who wanted it to close. Councilman Spiegel moved to, by Minute Motion, leave the barricades in place for a month while the City works out something that is acceptable. Motion was seconded by Benson. Councilman Ferguson stated that he would be voting against this motion. He said his negative vote was not because he did not feel there was a problem. He said he truly believed there was a problem but felt there was a better way to tackle that problem. He said he would like to open 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * up the barricades, reevaluate the traffic, and start looking at where the City is going to put stop signs and get the police department out there. He said he would like to aggressively tackle the behavior issue which he felt was the heart of the problem. Mayor Benson called for the vote. The vote was tied 2-2, with Councilman Spiegel and Mayor Benson voting YES, and Councilmen Ferguson and Kelly voting NO. Councilman Kelly moved to, by Minute Motion, remove the barricades and direct staff to come back in one month with any adjustments they feel will solve this problem. Motion died for lack of a second. Councilman Ferguson stated that he felt the Council should keep its word to the residents which was that this was for a 90-day trial period only. He said he agreed the staff needs to continue the study for 30 days and come back with an alternative proposal at that time and in the meantime take the barricades out. Mayor Benson stated that the entire Council did not vote 90 days only. She said it was assumed it was 90 days, but there was no vote taken that it would be over at the end of the 90 days. She said she did not vote for that. Councilman Spiegel asked what happens with a 2-2 vote. Mr. Erwin responded that it is nothing, and the barricades come down. Councilman Ferguson asked if the Council could still look at a better solution in 30 days. Mr. Diaz responded that staff would look at other solutions in the next 30 days and come back with its best recommendation at the meeting of May 28, 1998. D. REQUEST FOR APPROPRIATION OF $6,000.00 FOR DANCE/CHOREOGRAPHY FESTIVAL. Mrs. Gilligan noted that this was a housekeeping item. She said although the Council had approved the Dance/Choreography Festival, it had not formally voted to appropriate the monies. Councilman Kelly moved to, by Minute Motion, appropriate $6,000.00 to Account No. 110-4808-454-3880 from the unappropriated reserve for the purpose of paying bills for the previously approved Dance/Choreography Festival held on April 4, 1998, in the Civic Center Park. Motion was seconded by Ferguson and carried by unanimous vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REPORTS AND REMARKS A. CITY MANAGER 1. Report on Overnight Travel. Mr. Diaz stated that he had no report at this time. 2. Mr. Diaz noted that April 23, 1998, was "Take Your Daughter To Work" Day and that Hart Ponder, Captain Neil Lingle, and Doug VanGelder had all brought their daughters to work with them. Captain Lingle introduced his 12-year-old daughter Courtney, a 7th grader at Palm Desert Middle School. Mr. Ponder introduced his 12-year-old daughter Penny, a 6th grader. Mr. Diaz stated that Mr. VanGelder and his daughter were not able to stay for this meeting. 3. Mr. Dennis Coleman, Co -Chair of the 1998 United Way Committee for the City of Palm Desert, announced the results of the campaign, noting that $12,051.00 had been raised through efforts of the employees and City Council. He added that the City had reached the platinum level of contributions, which was the highest level. He stated that 59 employees contributed an average of $60.00 more per person than was contributed last year. He stated that the members of the City's committee were: Co -Chairs Ruth Ann Moore, Hart Ponder, and himself; Tom Bassler, Pedro Rodriguez, Pat Bedrosian, Vickie Hughes, Mary Gates, Rachelle Klassen, Valerie Wagner, and Dave Cehr. He thanked the Council and staff for all of their efforts. 4. Mr. Diaz noted that LAFCO had held a meeting earlier today relative to the Sun City sphere of influence change. He stated that the meeting had been held in the Council Chamber and that it was Mayor Jean Benson's last meeting with LAFCO and that she had been honored by that group. He stated that the LAFCO board approved the requested sphere of influence change for Sun City and that staff would proceed with a fiscal impact analysis and would also try to work on the revenue split with the County. He noted that the City of Indio was concerned about approximately 40 acres adjacent to its auto mall. He said that annexation was approved, and the City of Indio did not wish to have the sphere changed for those 40 acres because they felt that would be a natural area to go into and have auto -related uses. He said he had indicated to the LAFCO board, and the City of Indio was present, that he would recommend to the City Council that within those 40 acres it would be rezoned in such a manner that auto -related uses would not be permitted, thus any related auto uses could then be completed either to the west, east, or south of the City of Indio and County auto mall. In addition, he said that in looking at the map in all practicality there was very little likelihood that the City of Palm Desert would want 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * any auto -related uses there. He said staff would be going through this as part of the annexation and would bring this to the Council for formal action. B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. None 2) Report Relative to Indian Gaming. Mr. Erwin stated that he had delivered to each Councilmember a report dealing with the tribal compact resolution that was on the last Council Agenda. He said he anticipated his time involved would be approximately 25 hours to review and give the Council an analysis of that compact should the Council desire to do so. He said he did not indicate in the report that he would need approximately 30 days from this point to do it. He said he had enclosed a draft resolution which would provide support for tribal self-sufficiency, although it did not address the existing Pala Compact. He offered to answer any questions. Councilman Spiegel stated that he had discussed this with the Mayor and that it had come out at the tribes and cities conference. He said the Council suggested the City might be committing to something here that it might not want to commit to. He said the compact was taken out of the resolution, and it basically said the City would like to see the tribes and the government come to an agreement. Councilman Spiegel moved to add this matter to the Agenda. Motion was seconded by Benson. The vote did not carry, with a vote of 2-2 (Councilmen Ferguson and Kelly voted NO). 3) Request for Closed Session Mr. Erwin requested a Closed Session at an appropriate time to discuss items listed on the Agenda and the Addendum. Conference with Real Property Negotiator pursuant to Section 54956.8: 1) Property: Southwest corner of Highway 111/San Pablo Avenue Negotiating Parties: Agency: City of Palm Desert/Ramon A. Diaz and Phil Drell Property Owner: Alan Nyman Under Negotiation: Price Terms of Payment 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * *•* * * * * * * * * * * * 2) Property: Northeast corner of Frank Sinatra and Cook Street Negotiating Parties: Agency: Carlos L. Ortega, RDA Executive Director Property Owner: Palm Desert Redevelopment Agency Under Negotiation: Price g Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632 b) City of Orange, et al. V. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC106461 c) Emila Rahimic/Jasna Kajtaz v. City of Palm Desert, et al, Riverside Superior Court, Case No. INC005733 d) Springer v. City of Palm Desert, Riverside Superior Court, Case No. 92240 e) Genevieve Court, LLC, v. City of Palm Desert, Consolidated and Coordinated Superior and Municipal Courts of the County of Riverside, Case No. INC006646 Significant exposure to litigation pursuant to Government Code Section 54956.9 (b): Number of potential cases: C. CITY CLERK Mrs. Gilligan stated that with regard to an earlier item discussed by the Council relative to painting of the lizards on the Cook Street interchange, this was held up pending permission from Caltrans. She said the Council had approved it in the past, even down to the color. She said the Mr. Folkers had advised that he spoke with Engineering Manager Joe Gaugush, and staff could proceed with it at this time. She said she would report on this at the next meeting but would hopefully have them painted. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Direction to Staff Relative to Del Webb Fiscal Impact Study as it Relates to Bermuda Dunes (Councilman Jim Ferguson). Councilman Ferguson stated that in going back to the Minutes, he noted that this had already been discussed. He said in discussing it with the City Manager, he found it would be done per the Council Minutes. 2. Consideration of Policy to Require the Audio Taping of all Closed Sessions (Councilman Jim Ferguson). Councilman Ferguson stated that the City Attorney had indicated that this may already have been addressed by resolution, and he said he would withdraw this request. o fity Council Committee Reports: 1. Soccer Park Councilman Spiegel stated that the grading had been done. He said currently the irrigation, electricity, and sewer were being installed. He said this coming Sunday would be the first ever gymnastics competition held at the YMCA building, and the YMCA had refitted one its gyms in order to hold this competition. He said this was the Southern California Gymnastics Association, and this first competition would be called the Cactus Classic, held from 10:00 a.m. to 2:00 p.m. 2. Councilman Spiegel stated that the Coachella Valley Recreation and Park District had been awarded the District of the Year award for all of southern California, primarily because of the City's park. 3. Councilman Spiegel stated that the first Summer Concert was scheduled to be held in the Civic Center Park on May 7, 1998, with the Navy Band and fireworks. He suggested that this be announced during the awards ceremony later in the evening for the Student Art & Essay Contest. 4. Mayor Benson stated that it was a privilege for her to host the LAFCO meeting at Palm Desert City Hall since this was her last meeting. She said she had been on the LAFCO board representing the City for the last four years. She noted that she had been presented with a proclamation. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Mayor Benson thanked staff and her colleagues for all of their good wishes while she was in the hospital. Councilman Ferguson moved to adjourn to Closed Session at 5:40 p.m. Motion was seconded by Spiegel and carried by unanimous vote. Mayor Benson reconvened the meeting at 7:00 p.m. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION See individual items for Council discussion and action. XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO VIRGINIA CRISTE FOR HER SERVICE TO THE COMMUNITY AS A MEMBER OF THE PARKS AND RECREATION COMMISSION. On behalf of the City Council, Mayor Benson presented an engraved clock to Ms. Criste in appreciation of her service on the City's Parks and Recreation Commission. B. PRESENTATION TO CAROLE HORLOCK, RETIRING PRINCIPAL OF WASHINGTON — CHARTER SCHOOL. C. On behalf of the Council and staff, Mayor Benson presented an engraved vase filled with roses to Ms. Horlock and congratulated her on her upcoming retirement. APPOINTMENT TO THE PARKS AND RECREATION COMMISSION TO FILL THE VACANCY CREATED BY THE RESIGNATION OF VIRGINIA CRISTE. Councilman Spiegel moved to continue this matter until such time as the Council has an opportunity to interview applicants for this vacancy. Motion was seconded by Kelly and carried by unanimous vote. D. APPOINTMENT OF HOUSING COMMISSION MEMBERS AND DISSOLUTION OF HOUSING ADVISORY COMMITTEE. Mayor Benson noted for the benefit of the audience that the City of Palm Desert had taken over all of the projects in the City such as One Quail Place, Las Serenas, and eight or nine others that would be managed by the City of Palm Desert and hopefully brought up to the City's standards. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, dissolve the Housing Advisory Committee and appoint the following five members to sit as members of the Housing Commission for the Palm Desert Housing Authority: G.A. Holmes, William Winfield, Carrie Wick, Bernard "Ben" Kurtz, and Roger Dash. Motion was seconded by Ferguson and carried by unanimous vote. E. PRESENTATION OF AWARDS TO WINNERS OF THE 1998 STUDENT ART & ESSAY CONTEST. Following a performance by the Palm Desert Children's Choir, Javier Triviso Director, Mayor Benson, Contest Chairperson Sloane Halloran Lewis, and Civic Arts Committee Chairman Diane Morgan presented awards to the following: Pest of Show - Essay - JessicaWoodson, Grade 3, St. Margaret's Episcopal School Best of Show - Individual Art - Kate Crumpton, Grade 7, Palm Desert Middle School Best of Show - Group Mural - Ms. Ewing's 3rd Grade Class, Abraham Lincoln School 1998 Perpetual Award - Principal Jackie Colarusso, Abraham Lincoln School Mayor's Special Award - Group Art 1st Grade Classes of Ms. Moretti, Ms. Valley, Ms. Johnson, Ms. Samuel, Ms. Bowman, and Ms. Burns, Washington Charter School Mayor's Special Award - Individual Art - David McQueen, Grade 4, Abraham Lincoln School Mayor's Special Award - Individual Essay - Trevor Strong, Grade 5, Washington Charter School Col. lvin O. Mark Art Award - Sean Carlos Teran, Grade 4, St. Margaret's Episcopal School Paula N. Kroonen Essay Award - Erika Aiton, Grade 4, Carter School Mural Category - Group Entries - Ms. Martin, Grade K, St. Margaret's Episcopal School; Ms. Goldman, Grade 1, Abraham Lincoln School; Ms. Wiener and Ms. Cordova, Grade 2, Abraham Lincoln School; Ms. Price, Grade 3, Abraham Lincoln School; Ms. Cleland, Grade 4, Washington Charter School; Ms. Dolan, Grade 5, Abraham Lincoln School 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Art Category - Individual Entries - Bodae Byrd, Grade K, Abraham Lincoln School; Andrew — Charles Johnson, Grade 1, St. Margaret's Episcopal School; Michael Foster, Grade 2, Washington Charter School; Brendan Newcomb, Grade 3, Washington Charter School; Faris Marji, Grade 4, Abraham Lincoln School; Ria Cleland, Grade 5, Washington Charter School; Kate Martin, Grade 7, Palm Desert Middle School; Angela Wells, Grade 8, Palm Desert Middle School; Paul Heredia, Grade 9, Palm Desert High School; Aiyana Armijo, Grade 10, Palm Desert High School Essay Category - Individual Entries - Kody Fincher, Grade K, Carter School; Jennifer Elizabeth Kirk, Grade 1, St. Margaret's Episcopal School; Michael Minard, Grade 2, St. Margaret's Episcopal School; Catherine Laiacona, Grade 3, Sacred Heart Catholic School; Jessica Heckmann, Grade 4, Washington Charter School; Jake Schreiber, Grade 5, Abraham Lincoln School; Thomas Johnson, Grade 6, Palm Desert Middle School; Abbey Hood, Grade 7, Sacred Heart Catholic School; Noel Victor, Grade 8, Sacred Heart Catholic School; Michael Wiener, Grade 9, Palm Desert High School; Colleen Beck, Grade 10, Palm Desert High School; Desi Avanda, Grade 11, Palm Desert High School Mayor Pro-Tempore Spiegel thanked the Civic Arts Committee for the terrific job on this Contest. He said the Council was proud not only of the students but also the parents, and it showed that both the parents and children liked the community. He said this made Palm Desert what it is, a great city to live in. He announced that May 7th was the first Summer Concert in the Civic Center Park. He said the Navy Band from San Diego would be performing, with fireworks at the end. He invited everyone to attend. F. APPOINTMENT OF MAYOR PRO TEMPORE ROBERT SPIEGEL TO THE ADVISORY BOARD OF THE WORK PLACE LEARNING RESOURCE CENTER AND CONTRACT EDUCATION AT COLLEGE OF THE DESERT. Mayor Pro Tem Spiegel stated that he had been asked to be a member of this Advisory Board. Councilman Kelly moved to, by Minute Motion, appoint Mayor Pro Tem Spiegel to the Advisory Board of the Work Place Learning Resource Center and Contract Education at College of the Desert. Motion was seconded by Ferguson and carried by a 3-0-1 vote, with Mayor Pro Tem Spiegel ABSTAINING. Councilman Ferguson stated that he felt the Work Place Learning Resource Center was getting a big benefit with Mayor Pro Tem Spiegel's background in retail. He said he was glad Mayor Pro Tem Spiegel had been selected and that he knew he would do a good job. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. PUBLIC HEARINGS NOTE: PUBLIC HEARINGS "A" AND "B" WERE CONSIDERED JOINTLY. A. REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT, BUILDING HEIGHT EXCEPTION, AND ZONING ORDINANCE AMENDMENTS TO PERMIT CONSTRUCTION OF A HOTEL COMPLEX (TWO HOTELS) AND A FREESTANDING RESTAURANT ON 11.3 ACRES AT THE SOUTHWEST CORNER OF COOK STREET AND FRANK SINATRA DRIVE, Case Nos. PP/CUP 98-2 and ZOA 98-2 (PDH Associates, L.L.C., Applicant). Mr. Drell reviewed the staff report, noting that this had been reviewed and approved by the Planning Commission at its meeting of April 21, 1998. He said there had been fairly universal agreement that this is a good site plan, and Mr. Steve Smith was available to answer any specific questions. He said the elevations for the Courtyard portion of the project had been in progress, and staff did not receive final detailed elevations until just before the Planning Commission meeting. He said the Architectural Review Commission (ARC) had not seen those detailed plans. He said there were concerns about the height of the building and design of the roof structure, and the applicant in addressing those concerns had submitted a significantly lower profile roof structure, reducing the height of the center element from 55 feet to 45 feet and the main ridge of the building from 47 feet to 41 feet. He said staff would recommend if the Council approves this tonight that a condition be added that the issue of the elevations of the Courtyard, especially the roof design, be referred back to the ARC for review and final determination of the building and that other aspects of the project be allowed to proceed. Councilman Ferguson asked whether the redesigned roof would then come back to the Council. Mr. Drell responded that it could come back to the Council if the Council so chooses. Councilman Spiegel stated that the synopsis of the April 21, 1998, Planning Commission meeting indicated that the Commission on a 5-0 vote recommended approval of a zoning ordinance amendment pursuant to staff recommendations. Then the last paragraph indicated that the Planning Commission amended Condition #14 of the conditional use permit so that it reads "the future free-standing restaurant on the southwest corner of Cook Street and Frank Sinatra shall be processed through the precise plan process, a public hearing through Planning Commission, and the Architectural Review process. This recommendation passed on a 4-1 vote, Commissioner Jonathan dissenting." He asked if Commissioner Jonathan was suggesting that the restaurant should not go through the process. Mr. Smith stated that Mr. Jonathan's concern was with respect to the air conditioning units on the hotel buildings. He said staff's recommendation had been that the restaurant be approved in its siting as shown on the site plan with the intention being that at some future point when the applicant submitted architectural plans, it would be taken through the ARC. He said the 29 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Planning Commission indicated that was not acceptable, and Condition #14 in the Council packet and in the original to the Planning Commission imposed hours of operation restrictions on the proposed restaurant. He said the Planning Commission indicated it wanted to see it in a precise plan format at a public hearing, and Condition #14 was replaced. He said the change in the vote from 5-0 to 4-1 was Commissioner Jonathan's concerns in that he felt the air conditioning units should receive further study for the hotels. He noted that Council had received photographs of the Courtyard Hotel in Palm Springs, and while the air conditioning units did protrude through the wall a brief distance, they were not obvious and were not noisy. At the request of Councilman Ferguson, Mr. Smith passed around a series of photographs. Councilman Ferguson stated that he thought the plan had originally come in at 53 feet in height. He said the one in the picture was 37 feet in height, and now he had a map showing 45 feet in height. Mr. Drell stated that the building had various elements and roof heights. He said the highest point in the original plan was the peaked area in front of the entrance at a height close to 55 feet, and this had been reduced to 45 feet for the center structure. He said the building would need some study by the architects to nail down what the ultimate height can be while preserving the architecture. Councilman Ferguson asked if the Architectural Review Commission were to come up with a recommendation and have it come back to the Council, was there a way this could be done and still allow the application and development to move forward on a timely basis. Mr. Drell responded that he believed this could be done with a specific condition that says the project will not proceed in terms of issuance of permits until that ultimate issue is resolved but that there were other parts of the project that were not affected by that issue that could proceed. He said the whole Residence Inn portion was not affected and most of the Courtyard building up to the eave line would not be affected. He said if the proposal as shown on the plans at this meeting were acceptable, then Council's direction would be to refine it to implement that plan; if the Council wants the Commission to somehow go lower than that, then the Council would direct them to try to work and go lower. Councilman Spiegel stated that there was concern from a Ms. Davis at Desert Falls that this might impact her mountain views, and he asked whether this could happen. Mr. Drell responded that this project would not impact the mountain views and that it was approximately 400 to 500 feet away from Desert Falls. Mayor Benson asked whether everyone affected had been notified. Mr. Drell responded that everyone within the 300 feet had been notified as well as the Desert Falls Homeowners' 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Association. Mr. Smith added that staff also notified the people on Desert Mirage Drive, even though it is beyond the 300 feet. Councilman Ferguson stated that he had gone back to the Minutes of the ARC when this was approved conceptually, and there was a representation made by the developer that this would be to the same scale as the one in Palm Springs. He asked what the height of the Palm Springs hotel was. Mr. Smith responded that it was 35 feet. Mayor Benson declared the public hearing open and invited testimony in FAVOR of the project. MR. WILLIAM SWANK, SR., stated he had been in the Residence Inn/Marriott development program for 12 years. He said they could build this project in eight months, and they had worked very hard every day for the last 14 months on this project. He said the project had to be submitted to Marriott because of that company's very strict ideas of where they are taking their brand. He noted the drawings before the Council were prepared by Marriott and that they were a prototypical. He said he had submitted those drawings to the Architectural Review Commission. He said they would like to close escrow on May 15th or sooner, and the money was in the bank should the DDA be approved. He noted that plans were complete on the Courtyard and approximately 90% complete on the Residence Inn. He said anything they would do on the roof could be modified, but they needed to have the total package to submit to Marriott. He said the entire project was $23 million, including land, furniture, fixtures, etc. He said the condition for financing was that they have to have a permit, and it took a great leap on his part to move ahead and complete working drawings ahead of schedule and ahead of Marriott's approval for the franchise which was approved the previous day. He said he was also a professional architect. He said in order to compress the building, they had planned for eight -foot ceilings for the second and third floors, with ten feet for the bottom level. He said the building had an 87-foot setback from the property line, with 131 feet from the property line to the ridge line. He asked that the Council approve the height limits as shown on the elevations with the reduced roof lines, and he said he would be happy to go back to the ARC to present the plan. He said this would allow him to file plans in the Building Department, pay off the land by May 15th, and move ahead with the project. He added that the other two issues were room size and through -the -wall air conditioning. He noted that air conditioning systems of today were nothing like those even five years ago, and it was not a large box that projected through the wall and was not unsightly and noisy. He said it was the best way to air condition one of these hotels because it is energy efficient, and the only other way to go would be to have a large air conditioning plant which would require a large chiller and fan coil units which roar and run 24 hours per day. He added that with the new air conditioning units, there were motion detectors in the room, and unless there is movement in the room, the units idle down to a temperature that has been set to conserve power consumption. He added that this only applied to the Courtyard because the Resident Inn had an air conditioning system not unlike those used in homes. He said with regard to the restaurant in the corner, he had advised the 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * *;* * * * * Planning Commission that he did not have a problem bringing it back to the Commission. He said he shared some of the concerns of the Commission and had agreed to limit the hours. Councilman Ferguson asked how Mr. Swank would feel if the ARC said 53 feet was fine for the roof line and there could be ten feet per story for three stories. He asked if Mr. Swank would rather go back to the ARC with the 53-foot concept. Mr. Swank said he would have to go back to Marriott and get approval. He said it was Marriott's prototypical and that he had not designed it. He said he would like to move ahead with the project if possible. Mayor Benson questioned a comment that the Courtyard would not be more than two stories high. Mr. Swank stated that he had not made that comment and had said this would be a similar project in scale to the Palm Springs Courtyard. He said what was being discussed was air conditioning units. Councilman Ferguson stated that a question was asked by Commission Urrutia as to whether the product was going to be the same in scale as that in Palm Springs, and there was no mention of an air conditioner. He said the Minutes reflected that Mr. Swank answered that it would be the same in scale. He said the plans had been received 48 hours ago, and it was remarkably higher than that in Palm Springs. He noted that the ARC had never seen these plans, and he felt it should have the opportunity to make that review. Upon question by Councilman Spiegel, Mr. Drell stated that the roof lines showed 45 at the peak and 41 at the ridge. Councilman Spiegel asked whether the hotel in Palm Springs was at 35 feet, and Mr. Drell responded that as close as staff could determine it was approximately 35 feet. Mr. Swank stated that the hotel in Palm Springs was over ten years old. He said the girth of the Palm Desert building was wider, and the roof therefore goes higher. He said this was a different plan entirely from that in Palm Springs. He added that this was to be three stories, and the balconies and air conditioning would be the same, with similar roof material to be used as that in Palm Springs. Councilman Spiegel stated that as long as the building does not block anyone's sight, the height did not really make much difference. He noted that the Marriott's Desert Springs was higher than this proposed hotel; however, it does not block anyone's views. Councilman Ferguson stated that he personally did not care whether the height was 53 feet, 45 feet, or 35 feet as long as he had professionals who advise that it will not cause a problem, that it is not too massive and looks good architecturally. He said if Commissioner Urrutia asked if it was similar to the one in Palm Springs, and being an architect he was aware that it was 35 feet, he knew that Palm Desert has an ordinance that set a 35-foot height limit, and he approved it in concept having never seen plans, he may have been under the impression that it fell within the existing code. Conversely, the Commission may look at 53 feet and say it 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * works fine, it is far enough back, it is in the middle of nowhere, etc. He said if that is the case, he would like to see the building have ten -foot ceilings in all three stories because he felt it would make a better product and ultimately help the City. He asked if there was a way to get input from the ARC and not hold up this project. Mr. Swank stated that the Council could approve it to the lower height and direct that the developer take the plans and get the blessing of the Architectural Review Commission and not to exceed that height. Councilman Ferguson asked if Mr. Swank was willing to sacrifice 53 feet just to get an approval tonight, no matter what Architectural Review Commission might think about the 53 feet. Councilman Spiegel stated that Mr. Swank had indicated he would be willing to go along with the lower if the ARC says it has to be the lower; however, if the ARC says it can be the higher height, he would like to have the higher height. Mr. Swank added that Marriott's architect would also get involved in this. MR. LEON BENNETT, President of the Chamber of Commerce, a resident at 48-350 Crestview Drive, stated that they receive many calls at the Visitors' Information Center relative to rooms in the City, and many times during the peak season visitors are sent out of Palm Desert for hotel rooms. He asked that the Council move forward on this product as quickly as possible so that some time in 1999, the Center will not have to send people out of the City for hotel rooms. With no further testimony offered, Mayor Benson declared the public hearing closefl. Mayor Benson stated that she was against even the 42-foot level. She said she felt two-story was adequate in this location. She said she did not feel this was "in the middle of nowhere" when it was near a golf course that cost $81 million with another golf course on the way. She said she felt this was one of the ugliest buildings she had seen in a long time, and it had no character whatsoever. She expressed concern with the air conditioning units in the room and said she felt this was a step backward for the City of Palm Desert. She said she had been in many of those hotels, and this type of air conditioner is noisy and not adequate in 120 degree heat. She said she felt it was abominable that so much money is spent to make things right and then put something out there that looks like this. She said she felt this would be something that Palm Desert would be ashamed to have out in the area where so much money has been spent. She said she was aware of the need for a moderate priced hotel and looked forward to having hotels; however, she felt someone in the Marriott Corporation was capable of better design than this. She added that she felt it needed to go back to the ARC, needed to be lowered, and needed to have the air conditioning and design looked at. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel disagreed with Mayor Benson and said he felt it was a nice looking moderate priced hotel, not a five-star hotel. He said it was adjacent to the golf course but not part of it, and it was easy -on, easy -off from the freeway, which was important for a moderate priced hotel. He said he felt the room and hallway heights needed to be made as high as possible, and he would go along with the recommendation of the ARC and suggested that this be revisited by the ARC to determine the overall height, whether it be 53 feet or 45 feet, etc. He said he felt it would be an asset to the City. He added that he had seen and stayed in hotels where the air conditioning is in the rooms, and some of the newer ones are such that one would not know the unit is on. He said he was in favor of the project and would like to see it begin as soon as possible. Councilman Ferguson stated that he would like the ARC to not just give conceptual approval before moving forward but to give a precise approval. He said he also did not understand why Mr. Swank had been working on this for 14 months, yet the City only got the plan 48 hours ago, with Marriott approving it only 24 hours ago. With regard to the City's liquidated damages provisions, he said he understood that was set for May 1st and the City was told development would be finished by December 30th. He said he would be more than happy to entertain a tolling agreement on that May 1st date to extend from today until it can come back to the Council for final approval. He said he would like the ARC to look at this and give its professional opinion. He agreed with Councilman Spiegel that this was not a five-star hotel, and he felt Marriott would be the first to recommend this as a mid -level hotel and property. He said it was on the corner of Frank Sinatra and Cook Street, a major avenue of ingress to the City, and it was made for business travelers. He said he liked the Courtyard in Palm Springs and that there were certain aspects of it that struck him as odd, but that is why the City has the ARC. He said if the ARC said that in its professional design opinion 53 feet was not a problem, he would rather the hotel be at 53 feet than 35 feet, even though the City has an ordinance with a 35-foot limit; however, if the Commission comes back and indicates that it is too massive and too big a structure, he would weight that equally as well. He said if there was a way to allow the ARC to look at it, give the Council its opinion, with the Council to make the final approval on the project, in a way that does not hurt the developer's timeline and allows the developer to move forward, that would be his preference. Mayor Benson stated she was not against a hotel on that corner, but she felt it should be more like the Marriott in Palm Springs. She said she had seen a lot of Courtyards and a lot of Residence Inns, and they looked better than this one. Councilman Kelly stated that the master plan had been designed for Desert Willow, and this particular plot was separate from the golf course. He said this was exactly the kind of hotel it was designed for. With regard to the air conditioning, he said he despised central air conditioning in a hotel because he usually cannot turn it down enough. He said he prefers individual air conditioners in the room he says in that he can control himself. He noted that a lot of time was spent putting together a project, and any other city in the Valley would love to have these two hotels. He said he felt the Council should do whatever it can to cause this 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to move forward. He said if the ARC approved a higher height, that would be fine with him. In the meantime, he felt approval should be given for the 45-foot height so that the project can move ahead. Councilman Spiegel moved to, by Minute Motion, approve the hotel but from a height standpoint, whether it be 45 feet or 53 feet, the Council needs input from the Architectural Review Commission, and if they come back and say that 53 feet is unacceptable but 45 feet is acceptable, that would be the height; and if they say neither is acceptable, then it would have to come back to the Council. Motion died for lack of a second. Councilman Ferguson stated that this would not address Mayor Benson's concerns. Councilman Kelly moved to, by Minute Motion, approve the project as proposed with a height of 45 feet, and if the Architectural Review Commission approves a higher height then that higher height would be used. Motion was seconded by Spiegel, with a vote of 2-2 (Councilman Ferguson and Mayor Benson voted NO, Councilmen Kelly and Spiegel voted YES). Councilman Spiegel moved to, by Minute Motion, send this matter back to the Architectural Review Commission and then back to the City Council. Motion was seconded by Kelly. Councilman Ferguson asked if there was a way to expedite this so that the City does not jeopardize the planning process to date. He said he was concerned about the Disposition and Development Agreement and the damages. Mr. Ortega responded that this was a provision in the City's favor, and it could be waived or extended. Councilman Ferguson asked what this would do from a planning standpoint. Mr. Drell responded that the Architectural Review Commission was meeting the following Tuesday, and this matter could be before it at that meeting. Councilman Ferguson asked if the Council could, if necessary, meet sooner than the next regularly scheduled meeting to consider just this item, and Mr. Erwin responded that the Council could adjourn this meeting to another date. Councilman Ferguson stated that he was in favor of what Mr. Swank was doing but just wanted to make sure it is done right. Mr. Smith asked that the Council give first reading to the ordinance amendment relative to the room size so that it does not get behind the rest of the process. Upon question by Mayor Benson relative to minimum room size, Mr. Drell stated that it is currently a minimum of 375 square feet. He said this ordinance amendment would change the 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * minimum to 330 square feet, with an overall project average guest room/suite size of at least 375 square feet. Mayor Benson asked why the ordinance needed to be changed relative to room size and why it could not just be a condition on this hotel. She said Council might not want that for other hotels that come in. She asked if the change could be for just this hotel and leave the City's ordinance as it is. Mr. Drell stated that this had gone to the Zoning Ordinance Review Committee which felt this ordinance amendment was a good solution and that it was desirable to encourage that variety of room size. Councilman Ferguson asked if this could be accomplished by writing this into the development agreement, thus limiting it specifically to Marriott. Mr. Drell responded that there was no development agreement for this project. Mr. Diaz stated that staff would recommend going with the ordinance because it would give more latitude. Mr. Drell added that even in this zone, a hotel itself is a conditional use, and the City has complete control over the design, character, siting, etc. of the hotel. Mr. Diaz stated that what would happen was that a more efficient room will be designed. He said this would give the developer the latitude and make it easier for the City to work with them. Councilman Spiegel stated that this would still have to go to the Architectural Review Commission when a hotel is built, and Mr. Diaz agreed. Councilman Spiegel moved to, by Minute Motion, continue this matter to 9:00 a.m. on Wednesday, April 29, 1998. Upon question by Councilman Kelly as to whether this was acceptable, Mr. Swank stated that he would really like to have some criteria for the ARC to work with. He said he felt the Marriott architect had come up with a good suggestion. He said if the Council established the height at 46 feet, the developer would work within that height. He said it could be lower but no higher than that, and that would allow the developer to move ahead, conclude the financing and close the land transaction, and move ahead with construction. Councilman Ferguson asked if Mr. Swank could wait until Wednesday morning for that, and Mr. Swank responded that he could do so. Councilman Ferguson seconded the motion for continuance to April 29, 1998, and themotion carried by unanimous vote. Councilman Spiegel moved to waive further reading and pass Ordinance No. 872 to second reading amending the minimum hotel guest room size. Motion was seconded by Kelly and carried by unanimous vote. 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR CONSIDERATION OF DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND PDH ASSOCIATES, L.L.C. AND CONSIDERATION OF SUMMARY REPORT (JOINT MATTER WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilman/Member Spiegel moved to continue this matter to 9:00 a.m. on Wednesday, April 29, 1998. Motion was seconded by Ferguson and carried by unanimous vote. Mr. Jeff Rabin, Agency Counsel, stated he would like to summarize a few changes as follows: 1) The closing date would be May 15, 1998; 2) There are a number of restrictions on the use of the property that would be inciuded in some CC&R's, and there would also be restrictions on the obligations of the Agency, primarily to maintain the golf course. He said this would have to be in separate CC&R's imposed on the Agency. 3) The agreement before the Council/Agency Board provides that the Agency could not sell any other unimproved property in Section 4 for a comparable type of hotel. He said there was some negotiation about that, and staff proposed that the restriction would exist for five years. For five years after that period PDH would have a right of first refusal if the City wants to bring in someone else to do another comparable type of limited service or extended stay hotel. Mr. Ortega stated that by law this had to be made available a minimum of two weeks in advance, and any changes had to be done in a forum such as this. XIV. ORAL COMMUNICATIONS None 37 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 23, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ADJOURNMENT With Council concurrence, Mayor Benson adjourned the meeting at 11:10 p.m. to 9:00 a.m. on Wednesday, April 29, 1998. ILA R. GILLIGAN, CITY CL CITY OF PALM DESERT, CA O' A JEAN' BENSON, MAYOR 38