Loading...
HomeMy WebLinkAbout1998-04-29MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY WEDNESDAY, APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor/Chairman Benson convened the meeting at 9:00 a.m. H. PLEDGE OF ALLEGIANCE - Mayor Pro Tempore Robert A. Spiegel III. INVOCATION - Mayor Jean M. Benson IV. ROLL CALL Present: Councilman/Member Buford A. Crites ___ Councilman/Member Jim Ferguson Councilman/Member Richard S. Kelly Mayor Pro-Tempore/Vice Chairman Robert A. Spiegel Mayor/Chairman Jean M. Benson Also Present: Ramon A. Diaz, City Manager Carlos L. Ortega, RDA Executive Director Sheila R. Gilligan, City Clerk/Agency Secretary David J. Erwin, City Attorney Richard J. Folkers, ACM/Director of Public Works Phil Drell, Director of Community Development Paul S. Gibson, Finance Director/City Treasurer Paul Shillcock, Economic Development Manager Steve Smith, Planning Manager David Yrigoyen, Redevelopment Manager Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A None MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONTINUED BUSINESS 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 (Continued from the Meeting of April 23, 1998). Planning Manager Steve Smith noted the most renderings of the proposal displayed in the Council Chamber and stated that they had been presented to the Architectural Review Commission (ARC) the previous day. He stated he had distributed to each of the Councilmembers copies of the draft minutes of that meeting which outlined the Commission's position with regard to this project (attached hereto and made a part hereof as Exhibit "A"). He said while the Commission felt the applicant was headed in the right direction, it was looking for more variation in the roof elements. He noted a comment on page 9 of the draft minutes from Commissioner Holden indicating that there was a lot of interest at the entry, but it appears to dwindle toward the edges, and he said this reflected the feeling of the Commission. He said the Commission took the action as indicated at the bottom of that page granting conceptual approval subject to the addition of more pitched roof elements, altering the top parapet lines, adding as many balconies as possible in order to hide the air conditioning units, and providing additional depth to the elevation. Mr. Smith stated that the applicant had indicated to the ARC that balconies could be done on all the units except for four units which were inside corners and would not be visible from any public street. He said the. ARC felt while it was looking for variation in the height of the added pitched roof elements, they should stay within the 44 feet as shown on the plan. He added that a materials sample had also been presented to the ARC, and he showed this to the Council. Councilman Crites questioned whether provision had been made along the edge of the property for future bus stops, and Mr. Smith responded that he did not believe so and that he had not heard back from Sunline yet. Councilman Crites stated he felt something should be done with regard to bus stops now since this will be a public transportation corridor with a university across the street and a large number of service employees working at these hotels and other places. Councilman Kelly stated that there was no bus route in this area right now, and Sunline was less concerned at this time; however, the City needed to take the lead and be concerned because the City has the traffic managed and knows what is planned for the area. He said if staff has not heard back from Sunline and is ready to go with this project, then staff should contact Sunline and advise that the project is ready and that there need to be stops. Mr. Diaz stated he felt there was sufficient setback on Cook Street and Frank Sinatra for a bus shelter when the time comes. 2 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Smith added that the setback on Frank Sinatra was approximately 90 feet. With regard to Cook Street, there was an approximate 90-foot setback to the registration building. Councilman Crites stated that the issue was not whether or not there was sufficient room; the issue was to make the appropriate curb and everything else now so that it will not be necessary to go back in a jackhammer out concrete, redo landscaping, push stuff around for sidewalks, etc. Mr. Diaz stated that this would be done. Councilman Crites stated that with most projects of any type of magnitude like this, before they ever reach the City Council they have gone through the process or consultations in public art. He asked whether this had occurred and if there was a report on how the public art element would be satisfied and how it would blend in with the buildings. Mr. Drell stated that it was his understanding this had not gone through the public art process but that the money had been set aside for the art fee. Upon further question by Councilman Crites, Mr Drell responded that the applicant had not decided yet whether or not to install a piece of art or to pay the fee. He said the applicant was aware of the requirement and had set the money aside. He added that he had spoken with the applicant who indicated he was willing to consider both options. Mr. Diaz suggested that the Community Arts Manager prepare a report for the next meeting relative to the Art -In -Public -Places program and whether he would prefer the fee being paid or the integration of art in the project. He said the City had preferred recently to collect the fees and decide what to do in terms of art. He said this report would be prepared for the next meeting. Councilman Crites stated there would be a lot of service employees at this facility, and he asked whether there were any provisions for child care. Mr. Smith responded that there were no such provisions. Councilman Crites stated that with regard to left turns, if someone wanted to get out of this facility and go out to the freeway, he assumed the only way to do so would be to go out onto Frank Sinatra with a right turn. Mr. Smith responded that it would be a right turn on Frank Sinatra into the left turn pocket and northbound to Cook Street. He added that there was a left turn pocket from northbound Cook Street into the site as well. Councilman Crites asked what would happen if individuals did not know their way around and happened to end up coming out on Cook Street but wanted to go to the freeway. He asked where they would travel to in order to make a u-turn. Mr. Smith responded that 500 feet to 3 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the south was a driveway access to the residential development which would afford a u-turn situation. Councilman Crites stated he felt the Public Works Department should look at the traffic circulation for this project, especially since this was not primarily designed for people who live here every day but was for people from out of the area. He said he felt consideration should be given early on as to what should be done to make it as unlikely to cause accidents as possible. With regard to landscaping, Councilman Crites stated that in looking at the proposal he had noticed there were fairly large areas of turf but that it also looked like a return to a landscape paradigm of 10 to 15 years ago where every little odd corner was also turf. He said this seemed in looking at the initial landscape plan to be antithetical to what has been done throughout the rest of the City in the last ten years or so. Mr. Smith stated that the landscape plan on display was very conceptual. He said when the ARC reviewed it several weeks ago, it asked for the areas adjacent to the golf course to be restudied with a view to creating more of a transition zone and less lush. He said he was told of Councilman Crites' concerns earlier that day, and staff spoke with Mr. Swank who was prepared to look into those pockets and consider a more desert palette in those areas. Councilman Crites stated he did not have a problem with lawns where they will be used, but there was no reason to be out there watering the world away when all it serves is as adornment. He asked if this would go back to ARC, and Mr. Smith responded that it would. Mayor Benson stated she applauded the balconies to cover the air conditioning units; however, since the air conditioning units were at the end, she asked why they could not be cemented in more with the balcony rods going into the cement. She said this would certainly cover all the air conditioning units. Mr. Smith stated that he could see no reason why the applicant could not accomplish this, but he would defer to the applicant as to the design concept. Councilman Ferguson stated that his understanding of Mayor Benson's suggestion was that instead of having partial screening with a wrought iron fence, they should completely screen the air conditioning units. With regard to Councilman Crites' concerns about turns, Mr. Smith stated that he had been advised that there is a left -turn pocket at the first driveway south of the project. MR. BILL SWANK addressed the Council and said he would like to discuss several of the issues brought up by Council. With regard to bus stops, he said he was concerned with this issue because he rides the bus himself at least four times per year just to see what is happening. He said this project has generous setbacks, and this was allowed for just this sort of thing. He said he would be happy to provide bus stops. With regard to Art -In -Public -Places, he said he 4 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * was remiss in not contacting the Community Arts Manager and would certainly do so now that they have a handle on the perimeter on what is happening. He stated that while they did not have child care facilities, they did have generous lounges. He said they treated their employees very well and also had a benefit program. Mayor Benson stated that she would be interested in some kind of scholarship program to the child care centers the City currently has. She said it was the service workers that need to be taken care of, and there was along waiting list of service workers who cannot afford the payment. Mr. Swank stated that he would be pleased to participate in such a program. Mayor Benson stated that she would ask YMCA Director Jerry Hundt to meet with Mr. Swank and see what type of program can be worked out. Mr. Swank stated that with regard to the air conditioning, he would like the balconies to be open so that guests can sit in their rooms and look out at the beautiful views, but some screening can be put on the ends. He said there were balconies on virtually all of the rooms, and the only reason balconies were not put in the corners was because the best view from those rooms would be into the adjacent rooms. He said they wanted to be an active part of the community and would be able to bring affordable luxury to Palm Desert. He added that although they did not yet qualify, they felt that approximately ten to twenty percent of their guests would want to play Desert Willow and would be playing at the rack rate rather than the discount rate. Councilman Spiegel stated that Mr. Swank had certainly answered the balconies questions addressed by the ARC, and he said he assumed Mr. Swank would be doing the things as approved by the ARC such as adding more pitched roof elements, altering the top parapet lines such that they are not all the same ridge height in order to provide undulation, and maintaining an overall maximum height not to exceed 44 feet. Mr. Swank responded that these would be done. Councilman Spiegel stated that one of the Commissioners indicated that there was a lot of interest at the entry, but it appeared to dwindle toward the edges. He asked whether Mr. Swank agreed or disagreed. Mr. Swank stated that he agreed. He pointed out on the plans the area being talked about. He said they had added more balconies and would add more tile roofs. Councilman Crites stated that in looking at this the previous days, he would like Mr. Swank to think about ways to try and direct the interior traffic out the appropriate exits in terms of minimizing u-turns, etc. He said he was concerned, especially as Cook Street gets more and more busy, with people getting confused and having to make these types of turns. 5 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Swank stated that he shared this concern and did not want guests to have problems in this area. Councilman Crites asked whether Mr. Swank had submitted to the ARC a master signage program so that everyone knows right up front what is allowed, etc. Mr. Swank responded that this had not been done yet. He noted that the Courtyard sign was coming down to the porte cochere. Mr. Diaz stated that all of the discussion with regard to the air conditioning units were for the Courtyard. He noted for the record that the air conditioning units for the Residence Inn were no problem in terms of visibility from the street. Mr. Drell agreed and said the units for the Residence Inn were like residential air conditioning units with condensers inside the building. Upon question by Mayor Benson, Mr. Drell stated that all of the things discussed by Council would be added as conditions. Councilman Ferguson stated that it seemed the Council was approving a site plan and building elevations that are not yet done and needed to go back to ARC. He said the Council was approving a landscape design that had not yet been formalized. Mr. Drell stated that there was a plant palette. He said it was a preliminary plan where there are areas of landscaping and shrubs, and then there is a plant list. He said the working drawing comes afterwards and indicates specific plants, size, and location. Councilman Ferguson stated that his point was that the Council was being asked to approve building plans which are not finished, a landscape plan which is not finished, and a public art element that has never been reviewed by any committee at the City. He asked what, procedurally, the Council was doing. Mr. Drell responded that the Council would be approving a precise plan which defines the conditions under which the project will be developed, basic parameters of building height, the basic appearance of the project, and a precise site plan. He said the Council did have a building that it looked at which has now been changed, and it will be changed again due to conditions. He said if the Council wished to see the final result of the Architectural process, that could be made a condition and Council could see those various changes and approve them before permits are issued. Mr. Diaz stated that staff had tried to fast -track this project because of the agreements and DDIA on the project. He said that was why the Council did not have as great detail on this as it might normally have on a project. 6 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Benson noted that the ARC had added the conditions as a conceptual approval, and she asked if the Council's approval could be the same. Mr. Drell responded that that is what a precise plan is. He said the precise plan adds conditions, and those conditions have to be implemented as part of the final working drawings. He said it was up to the Council to decide whether it is satisfied with the concepts and the definitiveness of them or not. He added that some level of approval allows the developer to do the plans he needs to do and if the Council wishes, staff will bring the plans back. Councilmember Ferguson stated that he had no problem giving the developer conceptual approval; however, he said he was trying to find out what mechanisms there are to check on the landscaping, the building, and a number of other items and still allow the developer to move forward. Mr. Drell stated that conditions could be added that these items be brought back to the Council in their final form for approval. Councilmember Ferguson addressed a comment by Mr. Diaz with regard to fast -tracking this project and said as he understood it, this is a prototype that Marriott has had for approximately ten years and, not coincidentally, the City bought Section 4 ten years ago. He said it has been no secret to anyone that the City will be putting hotels on that corner, and yet now this special session of the City Council is being held on a Wednesday morning with no precise plans as far as he is concerned, and the Council is being asked to hurry up and vote on something when it does not have all the information. Councilman Kelly stated that the Council was changing plans. Councilman Ferguson stated that it was his understanding from staff that approximately a week ago was the first time plans had been received. Mr. Drell responded that staff was receiving plans and changed plans. He said there was some expediency communicated to staff that was then communicated to the developer. He said the decision before the Councilmembers was whether the plans before them were sufficient to provide, with conditions, approval of the precise plan. He added that what had been presented is what the City usually gets with the precise plan in terms of the site plan, landscaping, location of parking, buildings, etc., and it is refined in the working drawings. Councilman Ferguson stated he felt if the Council is going to hurry up and make decisions, the more information he has, the more comfortable he will feel. He complimented Marriott and the developer and said he was comfortable in working with this developer; however, as a general way of processing applications and plans, to have an imprecise building plan, an imprecise landscape plan, and other features such as public art that have yet to be determined, 7 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * conceptual approval is fine, but he would like to know exactly what is going to be put there in the future. Mayor Benson added that perhaps in the future staff should know that the Council will not do this if it does not have everything in advance and that staff should not bring to the Council at the last minute something that has been so long in coming. Councilman Crites stated that within the structure of the City and Redevelopment Agency, correctly or not, a person could reach the conclusion that some of the City's/Agency's own projects tend to receive less detail and scrutiny than would projects with which the City/Agency is not involved. He said this had nothing to do with the developer or with Marriott but only with the City/Agency. Councilman Ferguson agreed and said the two other examples used to justify this process were the City's/Agency's other two projects -- IROC and the clubhouse. He said he was very sensitive to people who have the perception somehow that the Council is giving preferential treatment to its own projects and they don't get the same scrutiny that a private developer's project would. Mr. Swank stated that this project was a long way from conceptual drawings, and that point had been passed months and months ago. He said they had been working on this project for one year. He said it would not be proper for him to go out and spend a lot of money before getting approval. He noted that they had surrounded themselves with very talented, professional people and engineers at every step of the way. He added that they had proceeded with hundreds of thousands of dollars worth of civil engineering in order to make sure they can deliver what they are promising. He said they had worked through every department of the City, and it was not like they had just rushed in here and said they had to have approval by tomorrow. Councilman Spiegel moved to waive further reading and adopt Resolution No 98-49, affirming the Planning Commission's approval of a conditional use permit, subject to conditions set forth by the Architectural Review Commission and those added by the City Council at this meeting, and approving the building height exception and parking modification. Motion was seconded by Kelly and carried by unanimous vote. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 872, amending the minimum hotel guest room size. Motion was seconded by Kelly and carried by unanimous vote. 8 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 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 (Continued from the Meeting of April 23, 1998). Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution No. 98-45, approving the sale by the Palm Desert Redevelopment Agency to PDH Associates, L.L.C. of approximately 11.3 acres of real property south of Frank Sinatra and west of Cook Street; 2) waive further reading and adopt Redevelopment Agency Resolution No. 3,52, approving the sale to PDH Associates, L.L.C. of approximately 11.3 acres of real property south of Frank Sinatra and west of Cook Street. Motion was seconded by Kelly and carried by unanimous vote. Councilman Kelly thanked Mr. Swank for all of his work. He said he had been working with Mr. Swank for a year on this project. He said a lot of time and money had been put into this project, and he was a little embarrassed with the implication that Mr. Swank had just gotten here yesterday. THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM: C. CONSIDERATION OF PALM DELL ESTATES NEIGHBORHOOD TRAFFIC CONTROL PLAN. Mr. Diaz stated that this matter was before the Council to clarify the issue of whether the barricades in the Palm Dell Estates neighborhood should be removed while staff is completing its report and study to come back to the Council on May 28th or whether they should remain. He said staffs recommendation was that the barricades be left in place until a final decision is made. MR. MARK PEVERS, 877 Box Canyon Trail, Indian Ridge Country Club, stated that he lived in a gated community with private streets, and residents of that gated community pay to maintain the streets at no cost to the taxpayers. He said he felt closing the Palm Dell streets puts a strain on the Fred Waring/Monterey Avenue intersection and makes it difficult when traveling south to go to the Trader Joe's center. He expressed concern with approving the barricades permanently and asked where it will end. He said he felt the barricades should be removed and that they were an eyesore. He suggested that if residents want relief, they should form an assessment district, have the area gated, privatize the streets, and let the residents in that area pay to maintain the streets. He also said he did not fell taxpayers should pay to maintain public streets that they cannot use. MS. BEVERLY VORWALLER, 72-875 Parkview, thanked the Council for leaving the barricades up. She said this was not the first time this neighborhood had come to the City requesting signs. She said the barricades stopped traffic through the neighborhood. She noted that she had spoken with Steve Smith of the Planning Department who stated that a primary 9 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * objective of the City was not to have commercial traffic traveling through residential neighborhoods. Mr. Diaz stated that that was within the Palma Village Plan and also a policy within the General Plan. He noted that the issue before the Council at this meeting was whether or not to leave the barricades up while staff is completing the study that will be presented at the meeting of May 28, 1998. MS. DIANA LaMAR, 43-827 Acacia, stated that 102 residents in the area do not approve of the closure. She expressed concern that incorrect information had been given to the Council by proponents of the street closure relative to how many residents were opposed. Councilman Crites noted that the Council had been given a very large packet which included information from both those in favor or the closures and those opposed. He said this material was available to anyone who wished to have it. Mr. Diaz stated that copies of the Palma Village Plan were also available and would be given to the Council after this meeting. Councilman Ferguson stated that he would vote against staff's recommendation to leave the barricades up. He said this was primarily because when the closures were approved, he had assured people that he was supporting the closures for 90 days only and that after the 90 days the issue would be revisited. He said in his mind this meant the barricades would be taken down and the issue reevaluated. Councilman Kelly stated he had originally voted against the 90-day closure and felt closing one street was bad enough, but closing three streets was a drastic measure for the amount of traffic that is there. He said as he read the figures, the highest was 451. He said he had received a report since the last meeting from a traffic count on the street he lives on, which is also a residential street, and average daily traffic is 4,101, with a high of 5,719, and no streets in that area have been closed. He said he did not understand why the City would close three streets and close off a whole section of a neighborhood for this amount of traffic. Councilman Spiegel stated that as the City develops there will be more traffic, and it is the City's responsibility to make sure major arteries are utilized as well as they possibly can be utilized and not neighborhood streets. He said at one point Fred Waring was zoned for single- family residents, but as Fred Waring became a major artery, it is slowly but surely becoming zoned for office professional because office professional is the best buffer the City knows of between a major artery and residential homes. He said he had initially made the motion for the 90-day trial period, and the motion read that it would be revisited in 90 days. He noted that there were only four Councilmembers at the last meeting when the issue was revisited, and he felt the interpretation was incorrect that evening, that the barricades were to come down since the Council did not vote for it and did not vote against it. He said he was not suggesting 10 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that what has been done in the area is the best solution and was not suggesting there shouldn't be some way to utilize the streets but not make it a major cut -through. He said he felt the issue needed to be revisited and that he would agree with staffs recommendation. He said he felt it was important to take a very strong look at how traffic can best be moved, what can be done with Monterey Avenue and Fred Waring Drive to make the arterial streets more functional. He recommended that the barricades remain in place until the Council comes to a decision on May 28, 1998. Councilman Crites stated that this neighborhood was designed a long time ago when entrances and exits were put in at every block, and this type of design is no longer done because the City does not want to have this same type of problem in the future. He said if this neighborhood were built today, it would not have so many exits. He noted there were several streets along Monterey Avenue that had been closed to traffic and were no longer through streets from Portola to Monterey, and the same type of closures were done when the Mervyn's project was developed. He said he would vote in favor of staffs recommendation, not because he felt all three streets needed to be closed, but because he felt it would be unwise to open the streets and then within one month make a decision to reclose or reopen them. He felt the street should remain as they are, with barricades, until the May 28th City Council meeting when a decision will be made. He said he did feel the Council needed to look at obtaining additional data from people who live in the area. He said in talking with Councilman Ferguson, they had discussed the idea of sending out to everyone in the neighborhood a list of options and having them rank the options in order of preference and then return the information to the City for compilation. He said he felt this would give the City a good data base on what the people prefer. Councilman Kelly said he felt this was a dangerous thing to do and that a lot of people will be missed who have a right to a decision -making process there -- those who are clients or tenants of the offices or members of the churches. Councilman Ferguson asked who in the City, if asked, would not vote to have their street closed. He said the City put up the barricades at the request of the local residents. He said he had been with the City for five years, and it was his recollection that this issue had come up once before when the high intense use athletic facility was going to go at the corner of Fred Waring and Monterey Avenue, and Mrs. LaMar led the charge to close Acacia at that point. He said he did not recall ever being approached by the neighborhood, short of that development, for the City to close the streets until last December when 34 people signed a petition asking the City to experiment with closing streets. He said his comments at that time were "let's do it, and maybe some of those people will change their minds at the end of that period". He said his concern was that the City took the input of the residents to close the streets, and the City should go back and get an unbiased opinion from them as to what they would like to do now. He said reference had been made to the Palma Village Plan, and he felt in some sense like a traitor to those businesses. The Palma Village Plan said a buffer would be created to benefit the residents; businesses have moved in there to create that buffer, and now their parking is being cut off. He said he did not believe that was the best approach for 11 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY * * * * * * * * * * * * * * * * * * * * * * * * * APRIL 29, 1998 * * * * * * * those businesses but that he would like to include them in the survey since they are just as impacted as the residents. He noted that every resident in that area becomes a commercial traveler when leaving their house to go to a store. He said if a mailer was going to be done, he would like to include the churches, the businesses, KMIR, and people who are on the other side of Parkview as well because they have registered complaints. He noted that a letter had been received from a gentleman who did not express an opinion on the barricades being up or down but just a desire to have the City interact more with residents, perhaps by way of a public hearing or a public meeting so they can offer their input. Mayor Benson said she felt the City created this problem by surrounding the neighborhood with commercial, and it is up to the City to solve it to the benefit of the residents and homeowners in that neighborhood. She said when commercial along Fred Waring was built, the developer agreed that the occupants of those buildings would be discouraged from using the neighborhood as an exit, and the conditional use permit was changed so they got their commercial building; however, the developer must have forgotten to tell the tenants who moved in that they could not use the neighborhood, and they started doing so and it has resulted in the problem we have now. She said she was in favor of leaving the barricades up until the City finds an equitable solution. She said along with finding a way, as Councilmen Ferguson and Crites said, to see what really needs to be done, she would encourage , when staff gets a plan whether it be stop signs or whatever, that the entire Council go out and visit the area before the plan comes back on May 28th to see how it will operate. Councilman Crites stated he would like to respond to comments by Councilman Kelly relative to who has a right to have input. He said that surveying to get decent data about what neighbors/residents feel is not intended to be the basis of a decision, nor should a petition signed by someone who happens to be in a business on their way in and out the door be the basis, nor should someone who says "gosh, I wish we had this in our neighborhood, I'll write a letter supporting having it in their neighborhood" be the basis. He said he felt the more data the Council receives, the better will be the decision -making process, not that the majority vote of the residents has a veto over what the Council does as a public body. Councilman Spiegel suggested directing the City Manager to come up with a plan for that, perhaps a separate open hearing at the Civic Center that staff would hold for anyone who was interested in coming and talking about it. He said it would help the staff in making its recommendations. Councilman Crites moved to, by Minute Motion, direct staff to leave the barricades up until a final decision is made. Motion was seconded by Spiegel and carried by a 3-2 vote, with Councilmen Ferguson and Kelly voting NO. 12 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. REPORTS AND REMARKS A. CITY MANAGER 1. Palm Desert Water & Services District Building Mr. Diaz noted that the Coachella Valley Water District had agreed to tear down the old Palm Desert Water & Services District building at its cost; however, asbestos had been discovered in the building, and he asked that staff be given the authority to deal with this situation with the District so that the District does not end up paying an unreasonable amount to remove the building. Mr. Wohlmuth added that the building with two apartments on El Cortez and Portola Avenue was owned by the Coachella Valley Water District, and the City had asked that the district tear down this building. The District's real estate person had indicated that the property was worth more with the building than without it; however, after three to four months with the building being vacant and utilized by transients, the District decided to tear it down at its cost. Unfortunately, because of the significant amount of asbestos found in the building in the floor, roof, ceiling, etc., the cost for asbestos removal could outweigh a significant value of the property. He said staff would like to work with the District to share in the cost of the asbestos removal only. Mayor Benson moved to add this item to the Agenda. Motion was seconded by Kelly and carried by unanimous vote. Upon question by Councilman Kelly, Mr. Wohlmuth stated that the approximate cost of the asbestos and demolition was slightly over $12,000, with asbestos removal over half of that amount. He said staff was considering sharing in the cost of the asbestos removal in the amount of $3,000. Councilman Kelly moved to, by Minute Motion, authorize staff to negotiate with the Coachella Valley Water District for the asbestos removal so that the demolition of the building can proceed. Motion was seconded by Spiegel and carried by a 4-1 vote, with Mayor Benson voting NO. Mayor Benson stated that the Coachella Valley Water District wanted that water district, and she felt this was a small amount for the District to pay to get what it wanted. B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. 13 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) Request for Closed Session Mr. Erwin asked that the following four items be added to Closed Session: 1) Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No. 090744 b) Gerald J. Chazan, Inc., A California Corporation; Chazan Construction Company, A California Corporation, v. City of Palm Desert, Case No. Indio 59393 2) Two items dealing with property under Section 54956.8: a) Assessor's Parcel 624-02-702-6, with instruction to Carlos Ortega regarding the Marguleas property b) Potential rental of the City -owned buildings Councilman Crites moved to add these items to the Agenda for discussion under Closed Session. Motion was seconded by Spiegel and carried by unanimous vote. Mr. Erwin noted the Closed Session items listed on the Agenda and requested a Closed Session at an appropriate time. 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 2) Property: Northeast comer of Frank Sinatra and Cook Street Negotiating Parties: Agency: Carlos L. Ortega, RDA Executive Director Property Owner: Palm Desert Redevelopment Agency Under Negotiation: Price Terms of Payment 14 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND REDEVELOPMENT AGENCY APRIL 29, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 Significant exposure to litigation pursuant to Government Code Section 54956.9 (b): Number of potential cases: VIII. ADJOURNMENT Mr. Erwin stated that it was his understanding the Council would be meeting to visit some housing projects on May 7, 1998, and would need to adjourn this meeting to that date. Councilman Crites asked that staff add an item to the regular City Council Agenda for May 14, 1998. He said it was his understanding that staff was proposing the City's unique two one -lane roads on Gerald Ford as a potential Helen Putnam winner as something that no one has done in many years. He asked that staff explain at the next Council meeting the award -winning nature of this particular road design. Upon motion by Crites, second by Spiegel, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 10:25 a.m. to Closed Session. She reconvened the meeting at 11:25 a.m. and immediately adjourned to 9:00 a.m. on Thursday, May 7, 1998, to tour the Palm Desert Housing Authority properties. ATTEST: `§HEILA R. GILL GAN, CITc LERK CITY OF PALM DESERT, ALIFORNIA . BENSON, MAYOR 15