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HomeMy WebLinkAbout1998-12-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson III. INVOCATION - Mayor Robert A. Spiegel IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites arrived at 4:07 p.m. Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel 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 John M. Wohlmuth, ACM/Director of Administrative Services Richard J. Folkers, ACM/Director of Public Works Patrick Conlon, Director of Building & Safety J. Luis Espinoza, Finance Operations Manager Teresa LaRocca, RDA Housing Manager Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. GARY TRYON, 74-047 San Marino Circle, Palm Desert, addressed the Council regarding the valet permit for Ruth's Chris Steakhouse. He stated he attended approximately six Planning Commission Meetings since April 7, 1998, regarding continual violations of the use permit by Ruth's Chris Steak House. He added he had asked Mr. Drell to contact him regarding the complaint process and had not heard from Mr. Drell to date. He also stated that on May 1, 1998, he met with Mark Greenwood regarding the valet parking violation. He stated Mr. Greenwood referred him to Dick Folkers, Joe Gaugush, Carlos Ortega, and Phil Drell. He said on May 12, 1998, he sent a MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * letter to each of the Planning Commission members regarding his complaint about the conditions. He added over two weeks later someone from City Hall contacted him and stated Mr. Drell would contact him regarding the complaint process. On May 12, 1998, he also sent the same letter to all five Councilmembers. He stated he subsequently received a letter from Mayor Benson on May 21, 1998, stating his letter had been referred to Ray Diaz and he would contact him directly. He stated on September 24, 1998, he appeared before the City Council, and Mayor Benson again informed him Ray Diaz would contact him. He added since that time he has not received any notice, etc. from anyone at City Hall. He felt the City was not living up to its responsibilities. He stated the valet parkers were prohibited from using that area but continued to do so and used Alessandro as a race track and Ace Hardware for parking, which was prohibited. He stated use of the Ace Hardware parking lot would cause the potential for criminal activities. Mayor Spiegel directed the matter to the City Manager to place this item on the January 14, 1999, City Council Agenda. MR. PETE FREESTONE, 72-761 Tamarisk Street, Palm Desert, addressed the City Council regarding the traffic and conditions of City streets. Mr. Freestone stated he understood the residents in the area were not in favor of raising the speed limit on Haystack from 40 to 45 miles per hour, and asked what factors were used to determine the speed limit. He stated in 1993 the study conducted regarding Grapevine Street indicated the speed limit should have been 35 miles per hour. He also stated in November 1995 the Council changed the speed limit to 25 miles per hour. He wondered if the Council had created a speed trap. He also stated that Grapevine Street had a restriction on commercial vehicles on the westbound traffic, but not the eastbound traffic. He wanted to know what constituted "commercial vehicles" as there were many vehicles, such as trucks used by pool cleaners, which traveled that road routinely. Mayor Spiegel directed the City Manager to have staff contact Mr. Freestone to explain the speed limit on Haystack and Grapevine. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of November 12, and November 26,1998, the Regular City Council Meeting of October 22, 1998, As Amended, and the Adjourned Joint Meeting of the City Council/Redevelopment Agency of November 23, 1998. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 26, 28, and 26PD Office Complex. Rec: Approve as presented. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C-1. CLAIM AGAINST THE CITY (#374) by William A. Young, Sr., in the Amount of $225.00. Removed for separate consideration under Item XIII. B, Request for Closed Session. Please see that portion of the Minutes for discussion and action. C-2 CLAIM AGAINST THE CITY (#375) by Don S. Gross in the Amount of $658.91 Plus Car Rental. Removed for separate consideration under Item XIII. B, Request for Closed Session. Please see that portion of the Minutes for discussion and action. C-3 CLAIM AGAINST THE CITY (#376) by Leo & Debra Fenn in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Robert Adam Binder and Su Kyung Moon for String Cheese, 44-250 Town Center Way, #C-1, Palm Desert. Rec: Receive and file. E. INVESTMENT PORTFOLIO MASTER SUMMARY for the Period Ending October 31, 1998. Rec: Receive and file. F-1 LETTER OF RESIGNATION from Marian (Rusti) Olsen from the Housing Commission. Rec: Receive with sincere regret. F-2 LETTER OF RESIGNATION from Don Poorman from the Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with sincere regret. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. MINUTES of Committee Meetings. 1. Art In Public Places Subcommittee Meeting of October 21, 1998. 2. Citizens' Advisory Committee for Project Area No. 4 Meeting of October 19, 1998. 3. Civic Arts Committee Meeting of October 12, 1998. 4. Golf Course Committee Meeting of October 12, 1998. 5. Housing Commission Meeting of October 14, 1998. 6. Investment and Finance Committee Meeting of October 21, 1998. 7. Library Promotion Committee Meeting of October 14, 1998. 8. Promotion Committee Meetings of July 21, September 15, and October 20, 1998. 9. Public Safety Commission Meeting of October 21, 1998. Rec: Receive and file. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Tree Inventory and Tree Pruning Project (Contract No. C15200) Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for a Citywide Tree Inventory contract; 2) appropriate $15,000.00 from Unobligated General Fund Reserves. I. REQUEST FOR AWARD OF CONTRACT for Phase One of the Palm Desert Country Club Neighborhood Park. Rec: By Minute Motion: 1) Authorize the Mayor to enter into Contract No. C15210 with Ray Lopez Associates; 2) appropriate $12,950.00 from Fund 430 for the completion of Phase One (Master Plan and Cost Estimate) for the Palm Desert Country Club Neighborhood Park. J. REQUEST FOR AWARD OF CONTRACT for Landscape Maintenance Services for Consolidated Maintenance Area No. 5 (Palm Desert Soccer Park, Cook Street Sports Complex, Olson Field, and Rutledge Field). Rec: By Minute Motion, award Contract No. C15040 for six months to Kirkpatrick Landscaping Services, Indio, California, in the amount of $20,400.00. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. REQUEST FOR EXTENSION OF CONTRACTS for the El Paseo Artwork Exhibition. L. Rec: By Minute Motion, approve the extension of Contract Nos. C13911 - "Pablo's Birthday," C.13931 - "Puffed Up Prince," C 13941 - "Paper Airplane," C 13951 - "Levi Man," C13921 - "Jackson Huntley," C13831 - "Into The Home Stretch," C13821 - "Confrontation," C13841 - "Selected Reality," C13861 - "Daedalus," C13871 - "Rhino," C13881 - "Polar Bears," C13891 - "Lady Of The Lake," C13851 - "Centaur And The Mermaid," C13901 - "Frenzy," C13961- "My Dream Dragon." REQUEST FOR APPROVAL of Change Order No. 2 to the Contract for ADA Door Replacement at the Civic Center Project with Pacific Architectural Systems (Contract No. C13450). Rec: By Minute Motion: 1) Appropriate $3,351.00 from the contract contingency fund, Account No. 231-4161-415-4040; 2) appropriate an additional $339.00 from the Unobligated New Construction Tax Reserves for the purchase of a keyless entry system. M. REQUEST FOR APPROVAL of Change Order No. 1 to the Contract for the Palm Desert/CVAG Conference Room Furniture with Fortress, Inc. (Contract No. C14260). Rec: By Minute Motion, appropriate an additional $4,639.72 to the subject contract for the fabric covering (Golden Lyre) on the 18 medium back and high back chairs. N. REQUEST FOR RATIFICATION of Change Order No. 1 to the Drywell/Inlet Program (Contract No C14380, Project No. 500-98). Rec: By Minute Motion, ratify the City Manager's approval of Change Order No. 1 in the amount of $3,157.50 to the subject contract with Dateland Construction Company, Inc. O. REQUEST FOR APPROVAL, of Utility Relocations for President's Plaza East. Rec: By Minute Motion, transfer the following amounts from the project contingency to cover costs of utility relocation: 1) Southern California Edison in the amount of $706.26 for pedestal relocation; 2) Coachella Valley Water District in the amount of $9,179.56 for two fire hydrant relocations. P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C1437Q -- Five View Window Sculptures for Mountain View Course at Desert Willow Golf Resort (Allen Root). Removed for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REQUEST FOR APPROVAL of Art In Public Places Fee Refund to Madison Marquette for the Gardens on El Paseo. Rec: By Minute Motion, as recommended by Civic Arts and AIPP: 1) Accept as complete the water feature artwork by Artist Mineko Grimmer as commissioned by Madison Marquette; 2) appropriate from Unobligated AIPP Reserves a refund of $90,590.13 paid into the AIPP fund by the project. R-1 REQUEST FOR APPROVAL of Final Tract Map 25102 (Deep Canyon Properties/Santa Fe Properties, Applicant). Rec: Waive further reading and adopt Resolution No. 98-140. R-2. REQUEST FOR APPROVAL of Final Tract Map 25296-1 (Bighorn Development, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 98-141. R-3 REQUE T FOR APPROVAL of Final Tract Map 28227-3 (Sunrise Desert Partners, Applicant). Rec: Waive further reading and adopt Resolution No. 98-142. R-4. REQUEST FOR APPROVAL of Final Tract Map 28295 (Desert Resort Communities, Inc., Applicant). Removed for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. R-5. REQUEST FOR APPROVAL of Final Tract Map 28658 (Westwind Development, Applicant). Rec: Waive further reading and adopt Resolution No. 98-144. R-6. REQUEST FOR APPROVAL of Final Tract Map 28701 (Marriott Ownership Resorts, L.L.C., Applicant). Rec: Waive further reading and adopt Resolution No 98-145. R-7. REQUEST FOR APPROVAL of Final Parcel Map 29018 (Century -Cromwell Communities, L.C., Applicant). Rec: Waive further reading and adopt Resolution No. 98-146. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * S. REQUEST FOR GRANT OF EASEMENT to GTE Along Certain Parcels of the Desert Willow Golf Resort Firecliff Course. Rec: By Minute Motion, authorize the Mayor to execute a Grant of Easement to GTE along certain parcels of the Desert Willow Firecliff Course. T. REQUEST FOR APPROVAL of Outside Agency Funding for Fiscal Year 1998/99. Removed for separate consideration under Item VIE, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. U. REQUEST FOR APPROVAL of City Credit Card at Smart `N Final. Rec: By Minute Motion, approve a credit account with Smart `N Final in an amount not to exceed $500.00 for the purchase of janitorial supplies and other uses specifically approved by the City Manager. V. RESOLUTION NO. 98-147 - 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 Office of the City Clerk that Have Been Microfilmed. Rec: Waive further reading and adopt. Councilman Kelly requested items P and T be removed for separate consideration. Mayor Pro-Tempore Crites asked that items C-1, C-2, and R-4 also be removed. Upon motion by Mayor Spiegel, second by Kelly, and unanimous vote of the Council, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C14370 -- Five View Window Sculptures for Mountain View Course at Desert Willow Golf Resort (Allen Root). Councilman Kelly stated he had been to the Mountain View Course earlier in the day, and it appeared work was still being done on the windows. Mr. Rudy Acosta stated the work was completed late in the afternoon. Councilman Kelly moved to, by Minute Motion, accept the work as complete and authorized the City Clerk to file a Notice of Completion for the subject contract. Motion was seconded by Ferguson and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R-4. REQUEST FOR APPROVAL of Final Tract Map 28295 (Desert Resort Communities, Inc., Applicant). Mayor Pro-Tempore Crites stated this item was related to another item on the agenda in regards to the Palm Desert High School traffic and parking issues. He stated he was concerned whether public access to the high school would be lost. Mr. Drell stated there was a map application submitted to the Planning Department for a tentative map for that parcel between the subject property and the High School. He stated there would also be a dedication of a public street. Councilman Ferguson moved to, by Minute Motion, waive further reading and adopt Resolution No. 98-143 with direction that staff to look at the property directly to the east and return with information regarding pedestrian access. Motion was seconded by Crites and carried by unanimous vote. T. REQUEST FOR APPROVAL of Outside Agency Funding for Fiscal Year 1998/99. Councilman Kelly stated he pulled the item because he wished to vote against it. Councilman Ferguson moved to, by Minute Motion, approve funding requests by S.C.R.A.P. in the amount of $5,000.00 and St. Margaret's in the amount of $1,000.00. Motion was seconded by Crites and carried by a 4-1-0 vote, with Councilman Kelly voting NO. VIII. RESOLUTIONS A. RESOLUTION NO. 98-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 98-92, SALARY SCHEDULE, RANGES, AND ALLOCATED CLASSIFICATIONS, ESTABLISHING A DEPUTY BUILDING OFFICIAL, ADDITIONAL BUILDING INSPECTOR I/II, AND REMOVING THE SUPERVISING PLANS EXAMINER. Councilmember Benson asked why the City would be training a new Building Inspector since she felt the person hired should already know the job. Mr. Wohlmuth explained that as codes were changed, added, or modified, staff needed to stay current, thus training would be necessary. Councilmember Ferguson moved to waive further reading and adopt Resolution No. 98-148. Motion was seconded by Kelly and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. RESOLUTION NO. 98-149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Mrs. Gilligan stated there needed to be amendments to Resolution 98-149; the first would be to add the newly formed Art in Public Places Commission, the second to add the position of Deputy Building Official, and third to delete the position of Supervising Plans Examiner, per Resolution No. 98-148, just adopted. Mayor Pro-Tempore Crites moved to waive further reading and adopt Resolution No. 98-149, as amended. Motion was seconded by Kelly and carried by unanimous vote. C. RESOLUTION NO. 98-150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNEXING CERTAIN CONTIGUOUS TERRITORY TO SAID CITY UNDER THE PROVISIONS OF THE CORTESE/KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985, WHICH PROCEEDINGS ARE DESIGNATED AS PALM DESERT ANNEXATION NO. 34, LAFCO NO. 97-15-4 (Canyons At Bighorn). Councilman Kelly moved to waive further reading and adopt Resolution No. 98-150. Motion was seconded by Ferguson and carried by a 4-1-0 vote, with Councilmember Benson voting NO. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. D. RESOLUTION NO. 98-153 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONTINUING PARTICIPATION IN THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY. Mayor Pro-Tempore Crites moved to waive further reading and adopt Resolution No. 98-153. Motion was seconded by Spiegel and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. ORDINANCES For Introduction: A. ORDINANCE NO. 899 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 784 AND AMENDING SECTIONS 2.34.010 AND 2.34.020 OF THE MUNICIPAL CODE RELATIVE TO COMMITTEE/COMMISSION MEMBER REQUIREMENTS. Councilman Kelly moved to waive further reading and pass Ordinance No. 899 to second reading. Motion was seconded by Benson and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 886 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 9.52 TO THE PALM DESERT, CALIFORNIA, MUNICIPAL CODE PERTAINING TO THE CONVERSION OF MOBILE HOME PARKS TO OTHER USES. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 886. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilmember Benson ABSTAINING. B. ORDINANCE NO. 888 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT RELATING TO THE DEVELOPMENT OF A 999 UNIT TIMESHARE PROJECT ON THE EAST SIDE OF MONTEREY AVENUE BETWEEN FRANK SINATRA DRIVE AND GERALD FORD DRIVE Case No. DA 98-1 as it Relates to Case No. PP/CUP 98-5 Revised (Marriott Ownership Resort, Inc., Applicant) Mr. Erwin stated that the applicant would attend the Council meeting after 7:00 p.m. so that signatures could be obtained for the Development Agreement. Councilman Ferguson moved to hold this item over until 7:00 p.m. Motion was seconded by Crites and carried by unanimous vote. At the 7:00 p.m. session, Mr. Erwin reported that the development agreement had now been signed and notarized, and he recommended adoption of the ordinance which approved same. He responded to Councilmember Benson's inquiry about the indemnification issue, stating he felt additional revisions in that regard were unnecessary Councilman Ferguson moved to waive further reading and adopt Ordinance No. 888. Motion was seconded by Crites and carried by a 4-1 vote with Councilmember Benson voting NO. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. ORDINANCE NO. 898 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 5.87.040 OF THE MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENT LOCATIONS. Councilmember Benson moved to waive further reading and adopt Ordinance No. 898. Motion was seconded by Ferguson and carried by unanimous vote. D. ORDINANCE NO. 900 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AN ART IN PUBLIC PLACES COMMISSION AND REMOVING THE FUNCTION AS A SUBCOMMITTEE OF THE CIVIC ARTS COMMITTEE. Councilman Kelly moved to waive further reading and adopt Ordinance No. 900. Motion was seconded by Crites and carried by unanimous vote. E. ORDINANCE NO. 901 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT AS IT RELATES TO MUNICIPAL CODE SECTION 25.82.060 AND 25.84.080, ACTION BY THE CITY COUNCIL Case No. ZOA 98-6 (City of Palm Desert, Applicant). Mr. Drell stated there were changes made to Section 25.82.060 and 25.84.080. He asked that the Ordinance be adopted as amended. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 901, as amended. Motion was seconded by Crites and carried by unanimous vote. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF SHERIFF'S DEPARTMENT PURCHASE OF EQUIPMENT IN THE AMOUNT OF $77,675.00 FOR 97/98 COPS GRANT. Mr. Espinoza stated that the money the City received in Fiscal Year 97/98 was not used due to changes in accounting within the Sheriff's Department . Mrs. Gilligan added it was the COPS grant program which had been approved by the Public Safety Commission. Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Approve the Sheriff's Department purchase of equipment in the amount of $13,926.00 from Sokkia; $11,263.00 from E.N.T. Call Box; and $52,486.47 from Compucom Systems; 2) appropriate $77,675.00 from the Unobligated General Fund Reserves to Account No. 110-4210-422-4040. Motion was seconded by Benson and carried by unanimous vote. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF HOUSEHOLD HAZARDOUS WASTE ROUNDUP SPONSORED BY THE COUNTY OF RIVERSIDE ENVIRONMENTAL HEALTH SERVICES. Mayor Pro-Tempore Crites moved to, by Minute Motion, authorize the Mayor to enter into an agreement (Contract No C15220) with the County of Riverside for a County -sponsored Household Hazardous Waste Roundup in Palm Desert on January 21, 22, and 23, 1999. Motion was seconded by Kelly and carried by unanimous vote. C. REQUEST FOR APPROVAL OF AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF RECYCLING. Councilmember Benson moved to, by Minute Motion, authorize the Mayor to enter into an agreement (Contract No. C15230) with the State of California for grant funding of a commercial recycling collection operation from bars and restaurants for cities of Palm Desert and Palm Springs. Motion was seconded by Ferguson and carried by unanimous vote. D. REQUEST FOR APPROVAL OF A REIMBURSEMENT AGREEMENT FOR DESIGN AND CONSTRUCTION AT THE INTERSECTION OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE (CONTRACT NO. C15240, PROJECT NO. 640-98). Mr. Folkers stated this was a cooperative project between the City of Rancho Mirage and the City of Palm Desert with funding through CVAG. He added the cities were also working with developers who owned the northeast, northwest, and southwest corners to get the necessary widening completed. Mr. Folkers stated the property owners on the southeast corner had no financial participation in the project but would be involved as far as modifying the driveway' for that property. Mayor Spiegel asked that once the design was completed it come back to the Council before implementation. Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute the subject reimbursement agreement between the City of Palm Desert and the Coachella Valley Association of Governments (CVAG). Motion was seconded by Ferguson and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REQUEST FOR APPROVAL OF COOPERATIVE PROGRAM BETWEEN COUNTY OF RIVERSIDE, CITIES OF INDIAN WELLS AND LA QUINTA, 'AND CVAG FOR THE WIDENING OF WASHINGTON STREET. Mr. Folkers stated this project would be a cooperative effort between the County of Riverside, the Cities of Indian Wells and La Quinta, and CVAG for the widening of Washington Street. He stated the traffic anticipated for the new tennis complex, as well as new development planned for Southwest Community Church, made the widening of Washington Street necessary. Mayor Spiegel stated the majority of the money for this project would come from the County and CVAG. He stated there was a need to rush the project so that construction began in the summer since the first tennis tournament was scheduled for March 2000. He added that the design and the dollar figure would be brought back to Council in January 1999 for approval. Councilman Kelly moved to, by Minute Motion, approve the subject program. Motion was seconded by Ferguson and carried by unanimous vote. F. REQUEST FOR APPROVAL OF AGREEMENT FOR TRANSFER OF EASEMENT WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR WHITEWATER CHANNEL BIKE PATH (PROJECT NO. 690-98). Mayor Pro-Tempore Crites moved to, by Minute Motion, authorize the Mayor to execute the subject agreement (Contract No. C15250) between the City and Desert Sands Unified School District. Motion was seconded by Benson and carried by unanimous vote. G. CONSIDERATION OF PROPOSED AMENDMENTS TO COACHELLA VALLEY MOUNTAIN CONSERVANCY LEGISLATION. Councilmember Benson moved to, by Minute Motion, endorse proposed amendments. Motion was seconded by Crites and carried by unanimous vote. H. REQUEST FOR APPROVAL OF AGREEMENT WITH SHARED MEDICAL ALTERNATIVES FOR DESIGN OF A SECTION 125 (CAFETERIA) PLAN. Mr. Wohlmuth stated this was a contract to hire a consultant to meet with management and representative employees to explore different health benefit options, such as the PERS Cafeteria Plan. He stated the consultant would look at rules and dollar amounts, and staff would bring it back to Council prior to the 1999/2000 budget. Councilmember Benson expressed her concern regarding pre-existing conditions of participants of the health plans and the transfer of benefits for those covered. Mr. Wohlmuth stated existing conditions were covered under PERS contracts and will be carried forward. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Wohlmuth stated that the staffs request was to look at different recommendations for future health care plans and initiate a contract with a consultant. Councilman Ferguson moved to, by Minute Motion, authorize the Mayor to enter into Contract No. C15260 with Shared Medical Alternatives, Riverside, California, in an amount not to exceed $4,000.00 to design a Section 125 (Cafeteria) Plan for the City of Palm Desert. Motion was seconded by Kelly and carried by unanimous vote. I. REQUEST FOR AUTHORIZATION OF DESIGN SERVICES FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF MONTEREY AVENUE AND HOVLEY LANE (CONTRACT NO C15320, PROJECT NO. 561-98). MS. RUTH CANTOR, 40-805 Avenida Estrada, Palm Desert, addressed the Council regarding the traffic signal at Monterey and Hovley Lane. She stated that the merge lane was not working. She added when traffic on southbound Country Club came to the green light, the drivers speed up and had no concept that there was a merging lane. She felt if the problem was not corrected, there would be numerous accidents and fatalities. She asked the Council to consider a traffic signal at the subject location as soon as possible. Mr. Folkers stated that the work could be done in less than two months. He stated that staff would come back to Council for authorization to go to bid once the design service was completed. He stated the estimated cost for design and construction would be approximately $130,000.00. Councilman Kelly moved to, by Minute Motion: 1) Authorize staff to proceed with design services; 2) authorize staff to advertise, bid, and construct the subject project in an amount not to exceed $130,000.00. Motion was seconded by Benson and carried by unanimous vote. J. REQUEST FOR APPROVAL OF THE REMOVAL OF PARKING AT A SITE ALONG MONTEREY AVENUE. Mr. Folkers stated that since the intersection improvements at Monterey and Fred Waring, there had been numerous traffic backups from Parkview to the Town Center parking driveway. He stated the removal of parking along Monterey Avenue would alleviate any traffic backups. He added that the traffic lanes would not be affected, and the safety and capacity of traffic would be improved. Councilman Kelly moved to, by Minute Motion, approve staff's recommendation to proceed with the removal of parking on Monterey Avenue from the north driveway of the Palm Desert Town Center to Parkview Drive. Motion was seconded by Ferguson and carried by unanimous vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * K. INFORMATIONAT. TTRMS 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore, Business Support Manager, presented a site map of the Gardens on El Paseo. She stated there were a total of 26 stores which had opened, with a total square footage of 129,505. She added this represented 65 % of the total project. She also stated that the following stores had signed leases and would be opening between December 1998 and April 1999: 1) Mettler's, a men's and women's apparel store, opening in Building "A" at the end of January 1999; 2) New Balance, an athletic shoe store located in Building "B" opening in approximately ten days; 3) Sharper Image, a high -end electronics store, opening March 1999 in Building "B"; 4) Building "C" would have Bose Stereo, Hugo Boss, and Subtle Tones. Bose Stereo and Hugo Boss will open by the end of December 1998 and January 1999, respectively; 5) Gail Jewelers opening in January 1999, and Joseph Obboud, a fine men's clothing store, would be located in Building "E"; 6) In Building "F" April Cornell, a fine home accessories store, opening in February 1999; 7) El Portal Luggage, consisting of 3,161 square feet, would open in the spring. 8) On the second floor of the Gardens in March 1999, Building "E" will contain Muscle Beach Lemonade; 9) there will be a Community Room also in Building "E", but an opening date had not yet been determined. 10) In Building "F", Sullivan's Steak House would open in early January, consisting of 7,187 square feet. Ms. Moore added the total leased square footage for the Gardens on El Paseo was just under 170,000 square feet, or 85% leased. Ms. Moore stated sales reports from various stores reflected their best openings and post - Thanksgiving sales. She added that all stores combined were approximately 15 % over projected sales figures. 2. Progress Report on Desert Willow Clubhouse Facility Mr. Rudy Acosta, RDA Development Manager, stated plans had been submitted to the Planning Department for civil review, as well as Building & Safety Department for plan check review. He added that equipment would be on site for excavation of Plan B location of the reclaimed water main on the property early the week of December 28, 1998. He also stated that a construction superintendent had been appointed and was coordinating mobilization on site for the working trailer and construction pad. Mr. Acosta stated the ground breaking ceremony, which was being coordinated with Pat Scully, would most likely occur after the first of the year. Mr. Acosta stated that a Desert Willow Subcommittee had been established, which included Councilmen Ferguson and Kelly, for the purpose of reviewing the construction schedule. He added that the Subcommittee would aid in limiting any possible deviations from the construction schedule. He stated that construction should begin the week of December 28, 1998, and would be completed by Labor Day Weekend. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Acosta reported that a proposal had been presented by the design team regarding for proposed interiors. He added it would be presented to the Art in Public Places Commission and then to the Council for approval at the January 14, 1999, meeting. 3. Progress Report from the "Save The Rink" Committee None 4. Update on School District Boundary Changes Mayor Spiegel stated there were currently 90 places available at the Palm Desert High School for students who lived adjacent to the Desert Sands Unified School District, but were within the City of Palm Desert. Councilman Ferguson asked that a mini -feasibility study be conducted regarding the benefits versus the burdens in the likelihood the changes were made to the school district boundaries. Mayor Spiegel added this item would be removed as an Informational Item from future agendas until the aforementioned report was ready for presentation. 5. Report on Palm Desert High School Traffic Mr. Folkers stated that school district representatives felt the plan for the tie-in to Cook Street would solve traffic problems, providing the City furnish the necessary funding. He added that some of the homeowners were not happy with the proposal. He also stated that the correspondence from Mrs. Flynn to Ray Diaz and Mark Greenwood would be submitted to Mr. Walsh, the principal at Palm Desert High School. 6. Report on Customer Service Training Ms. Gloria Darling, Human Resources Manager, presented a report on the customer service training provided to staff by Oak Tree Learning Systems. She stated 68 % of staff attended the training sessions and of those, 85 % returned positive comments. Ms. Darling stated the program had been a vehicle to increase knowledge about various communication styles' and to improve internal and external customer service skills. She stated the staff learned how to effectively deal with irate customers and how to react in a high comfort level. She added each participant left the workshop with a specific set of behavioral change goals and a time line for attainment. She also stated that the sessions would assist the Human Resources Department in future recruitments by matching compatibility of employees with potential employees. Ms. Darling further stated that Oak Tree Learning Systems had volunteered, at no cost to the City, to conduct a one -day session for Managers to learn how to reinforce what was taught in the two sessions. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7. Update on Business License Audit Ms. Ruth Ann Moore, Business Support Manager, presented an overview of the Business License audit conducted by staff. She stated the audit began in late August and consisted of 2,000 contacts by way of correspondence to businesses listed as active in the system with unpaid fees. She stated 467 were found to be no longer in business and were subsequently listed as inactive in the system. She added there were over 600 responses to the request for fees, which were now paid in full. Ms. Moore stated that second and third notices were mailed out to the remaining original group. She stated that as of December 1, 1998, staff had collected a total of $45,604 in back license fees, representing $41,174 in back license fees and $4,430 in El Paseo Merchants participation fees. Ms. Moore estimated that an additional $25,000 in annual fees would now be brought to the Business License Department due to the audit. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. L. REQUEST FOR APPROVAL OF AGREEMENT WITH JOHN NAGUS FOR CONTRACT SERVICES TO ADMINISTER PUBLIC ART PROGRAM FOR AN INTERIM PERIOD UNTIL A REPLACEMENT COMMUNITY ARTS MANAGER IS RECRUITED (CONTRACT NO. C15330). Councilmember Benson moved to, by Minute Motion, approve the request and authorize the Mayor to execute subject contract. Motion was seconded by Crites and carried by a 4-1 vote with Councilman Ferguson voting NO. Mayor Pro-Tempore Crites commented that it was not normally City policy to enter into such an agreement with a former employee. However, he realized that this particular situation called for specific expertise which only the present employee possessed. He urged the recruitment process be expedited to fill the position as quickly as possible. XI. CONTINUED BUSINESS A. ORDINANCE NO. 897 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT RELATING TO NON-COMMERCIAL SIGNS Case No. ZOA 98-5 (Modification No. 1) (City of Palm Desert, Applicant) (Continued from the meetings of October 22, and November 12, 1998). Councilman Ferguson moved to, by Minute Motion, continue to the meeting of January 28, 1998. Motion was seconded by Benson and carried by unanimous vote. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF CIVIC CENTER PARK INTERPRETATIVE INFORMATION PROGRAM. (CONTRACT NO C15070) (Continued from the meetings of October 22, and November 12, 1998). Mayor Pro-Tempore Crites moved to, by Minute Motion, continue to the meeting of January 14, 1999. Motion was seconded by Ferguson and carried by unanimous consent. XII. OLD BUSINESS A. REQUEST FOR AUTHORIZATION TO EXECUTE OPTION AGREEMENT COMPLETING ACQUISITION OF C. C. MYERS PROPERTY (CONTRACT NO. C15270). Mayor Spiegel requested the City Clerk prepare a press release to let citizens know about the cooperation among the City of Palm Desert, the Bureau of Land Management, and the State of California in conserving the subject land for recreation and wildlife uses. Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Authorize the Mayor to execute documents pursuant to the purchase of a portion of option parcel 3 (3A) and appropriate $680,000.00 from General Fund Reserves; 2) authorize the Mayor to execute assignment agreement with the Bureau of Land Management (BLM) for a portion of option parcel 3 (3B). Motion was seconded by Benson and carried by unanimous vote. B. REQUEST FOR CLARIFICATION OF CITY COUNCIL ACTION DENYING THE APPEAL OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION FOR TWO DWELLINGS ON DAYLILY CIRCLE AND SETTING 2,500 SQUARE FEET AS THE MINIMUM SIZE FOR HOMES BEING BUILT Case No. MISC 98-3 (D & F Development, Applicant). MR. FRANZ TIRRE, 46-333 Burroweed, Palm Desert, addressed the Council regarding the subject clarification. He stated he was the developer of the subject property and wanted clarification as to what constituted the 2,500 square feet minimum size. He stated in order to retain the integrity of the elevations and looks of the buildings, one was increased from 2,300 square feet to 2,580 square feet. He stated the second property could not be enlarged without a complete redesign. He stated a guest suite with its own plumbing, heating, air conditionng, and electrical service was added to the property. He said although the guest suite was not under the same roof as the main building, he felt that whether contiguous or not, it was still living space. He further stated that adding the guest suite would not change the appearance from the street of either home. MR. MARK WEISSMANN, 74-550 Daylily Circle, Palm Desert, addressed the Council as a concerned homeowner. He stated he represented several homeowners on Daylily who felt that the 2,500 square foot minimum was passed as a structure under one roof. He added that the ten existing homes on Daylily were anywhere from 2,600 to 3,900 square feet and felt a home 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1.998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * of 2,091 square feet would fit more along the lines of homes on other streets around them. He felt that the value of the home would be much less than that of existing homes and wanted to keep the value of the block to what they were purchased for six years prior. Councilman Ferguson stated he would abstain from voting as he was not present for the original vote, adding that he felt the 2,500 square feet minimum should be under one contiguous structure. All Councilmembers concurred with Councilman Ferguson. Mayor Pro-Tempore Crites stated he felt a 2,500 square foot home meant a building rather than a series of buildings, such as a home and a guest suite. Mayor Pro-Tempore Crites moved to, by Minute Motion, determine that the action taken udder Resolution No. 98-103 required that the 2,500 square foot minimum home size be under one roof. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING. C DISCUSSION OF TRELLIS TREATMENT ON THE PARKING STRUCTURE AT THE GARDENS ON EL PASEO. Mr. Phil Drell stated a decision was made to accept the proposed treatment for trellises as shown in the rendering. He stated that it would be revisited when the project was completed, and then a decision would be made as to whether more was necessary. He added that any additional costs would be shared by the City and the developer. Mr. Drell stated that the subject was discussed with the Landscape Review Committee, and the consensus was that a final decision would be held at least six months, until the season was over to evaluate the existing system of trellises and plants. He added six months would provide enough time for trellis treatment and perimeter landscaping to mature. He stated that an appropriate amount of money would be held to cover the developer's portion of any potential trellises. Councilman Ferguson complimented the Gardens for their project, but believed a $100,000 bond or security/letter of credit was to be filed, and the City would match it dollar for dollar. He felt it was the City's obligation, as participants in the parking structure, to ensure adequate landscaping there. Mr. Drell stated that the City was holding $5 million for the parking management plan which was deemed to be sufficient instead of posting another bond. Mayor Pro-Tempore Crites stated that although he personally felt the treatment as it currently appeared was inadequate, he concurred with Councilman Kelly's suggestion to allow time for the plants to mature and time to formulate a plan for what would work. Councilmember Benson agreed that six months was good for the lower level landscaping, she felt the upper level would still be rather barren at the end of that time. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel commented that he felt it inappropriate for the City to withhold the entire $5 million of the developer's money over trellises amounting to $100,000-300,000. He recommended that Council review the top dollar amount it determined necessary and refund the balance of Madison Marquette's $5 million, since he felt most residents were very proud of the development, and he did not want to damage the good relationship which had been established. Councilman Ferguson concurred. Mr. Diaz stated that the City was not withholding the $5 million for landscaping, but for an acceptable parking management plan, the most critical element. He added that staff would return with an appropriate amount for trellises, anticipating that the parking plan could be resolved as quickly as possible. Councilman Ferguson moved to, by Minute Motion: 1) Refer the matter to the Landscape Review Committee for review of the landscape plans and return to Council in an amount of time not to exceed six months; and 2) seek the bond/security in the amount of $100,000.00 from the developer for added landscape so as not to hold up disbursement of the monies already deposited with the City for the parking management plan. Motion was seconded by Kelly and carried by unanimous vote. D. REQUEST FOR APPROVAL OF PIGEON CONTROL PROGRAM. Mr. Folkers stated there had been a number of complaints regarding the pigeons, particularly in the area of Deep Canyon and Portola Avenue. He stated staff had looked into a number of different options and found the best possible solution was to trap the pigeons, sterilize them, thereby decreasing the pigeon population. He added another option of buying a device which incorporated needles to deter pigeons from roosting on the poles. He stated that method was more costly, and the City would continue to be inundated with pigeons. MR. PETE FREESTONE addressed the Council regarding the problems with the mess the pigeons were creating, asking that something be done soon. He asked if there was a humane way to destroy the birds by lethal injection, as he thought merely sterilizing the birds would not stop them from defecating on City and private property. Councilman Kelly moved to, by Minute Motion, authorize staff to proceed with a trapping program for the pigeons during the winter months followed by a sterilization program in the spring. Motion was seconded by Crites and carried by 3-2 vote, with Benson and Ferguson voting NO. E. REQUEST FOR DIRECTION RELATIVE TO LOCATION OF THE MULTI -MODAL TRANSPORTATION FACILITY (PROJECT NO. 691-98). Mr. Folkers introduced Messrs. Frank Sherkow and Lenwood Howell of Parsons Transportation Group who provided a comprehensive report of findings from the feasibility study they were 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * conducting and options resulting therefrom. They provided a hard copy of the report which was received for the record and placed on file in the Office of the City Clerk. Upon question by Mayor Spiegel as to how many available parking spaces were planned for the facility, Mr. Sherkow said that their study did not include a "park and ride" feature for any of the scenarios presented. He said that the amount of spaces could vary substantially depending upon the location, 30-60 spaces could be available at the north end of the Town Center; however, there was no space available at the site of the transit store itself. He added that there was another study being conducted in another area of the City having to do with a people mover or express buses, and in that case, additional parking spaces might be needed. In response to Councilman Ferguson's inquiry as to which site seemed to be the best of the ones studied, Mr. Sherkow felt the north end of the Town Center with a shuttle service between the Center would be second. He said the transit store presented too many difficulties, with buses having to remain in the street, as they were currently, which seemed to be a disjointed attempt at a ground transportation center. He added that if buses were brought into the site at the north edge of the parking structure, they would conflict with passenger vehicles. Councilman Kelly noted that he was aware of the other studies being performed by Parsons, a park and ride facility and an express shuttle service from the Coachella Valley to Riverside proposed near the freeway. Mayor Spiegel suggested that the Council conduct an open study session for the subject of the Multi -Modal Transportation Center since it appeared there was much information to be discerned prior to making a recommendation. Councilman Ferguson concurred with the Mayor and added that the aspect of trip generation should also be factored into further review. Mayor Pro-Tempore Crites added that if the El Paseo/Highway 111 site were to be considered, issues of access, congestion, noise, etc., and the history of the site also needed to be included. Councilmember Benson noted that as of the Study Session held December 4, it was determined the El Paseo site was not practical for this purpose. Councilman Kelly stated that therewas more information still needed (i.e. number of bus transfers, number of bus passengers whose final destination was the Town Center, etc.). Upon question by Mayor Pro-Tempore Crites as to whether a time line for federal grant application was involved, Mr. Wohlmuth stated some residual grant funds were received from the original application for the purpose of designing an intermodal station, of which the Parsons' feasibility study was a part. He said that as a result of the feasibility study, and for whatever location is determined most suitable, another grant would be sought, hopefully in mid-1999. Councilman Ferguson moved to continue the item and refer it to the City Manager's office for review of the information presented and preparation of a report to be provided at a City Council Study Session 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * which will be scheduled at the report's completion. Motion was seconded by Crites and carried by unanimous vote. MR. RICHARD CROMWELL III, General Manager of SunLine Transit Agency, requested that the manager of the Palm Desert Town Center and SunLine representatives be included in discussion and review of the Multi -Modal facility since their entities would be contributing services to it. Council concurred with this suggestion. Upon a motion by Crites, second by Benson, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 6:12 p.m. He reconvened the meeting at 7:05 p.m. With Council concurrence, the items of Awards, Presentations, and Appointments and Public Hearings were considered prior to the remainder of the Agenda. Please see those portions of the Minutes for discussion and action. F. REQUEST FOR ESTABLISHMENT OF A CITIZENS' COMMITTEE FOR FAIRWAY DRIVE TRAFFIC CONTROL. Mayor Pro-Tempore Crites moved to, by Minute Motion, authorize the establishment of an ad hoc citizens' committee to work with Public Works staff to design appropriate traffic controls for the Fairway Drive corridor. Motion was seconded by Spiegel and carried by unanimous vote. G. REQUEST FOR APPROVAL TO REJECT BIDS FOR COOK STREET MEDIANS PROJECT (CONTRACT NO. C14720, PROJECT NO. 588-99). Mayor Spiegel said that he had spoken with the City Attorney and learned that if the Council desired, it would not have to go back out to rebid the project, even though it was more than a 25 % change. He said that staff could renegotiate the project with the low bidder and return to Council with the recommended changes, and he anticipated that since concrete was being taken away from the project, it would cost less than originally planned. Mr. Jerry Clark, Landscape Manager, stated that after review of the median drawings which included stamped concrete, the Landscape Review Committee felt that since a significant amount of concrete was being removed, it would be more appropriate to rebid without stamped concrete. He added the other issue was with the redesign to include a portion of hardscape areas. Mayor Pro-Tempore Crites commented that it was primarily staff's recommendation that the project needed to be rebid, whereas he and Councilman Kelly were willing to redo it with less concrete and get on with it. He said he had no objection to working it out. Councilman Kelly concurred. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin stated that the Council had several alternatives: 1) Reject all bids and rebid based upon a redesign; 2) negotiate a change order for the changes to be made, executing both the contract and change order at the same time; and 3) reject all the bids and direct staff to negotiate the contract with the low bidder. Councilman Ferguson asked if staff would look at the possibility of opting out of the Government Code Public Contracting Requirements and adopting the City's own under the charter for the flexibility needed in these types of situations. Mr. Erwin stated that he and Mr. Diaz were meeting tomorrow morning to discuss this issue and several others regarding charter cities. Councilman Kelly moved to, by Minute Motion, negotiate a change order with the low bidder for the subject project. Motion was seconded by Benson and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Update on Gardens on El Paseo. Mayor Spiegel noted that this information had been provided under a previous item on the meeting's agenda. 2. Update on Palm Desert Town Center. Mr. Diaz reported that currently the architect and Art In Public Places program were trying to get together to collaborate on design; however, there was nothing further to report at this time. He noted that all of this design would be coming back before Council for approval, and staff was cognizant of Council's wishes in this regard. B. CITY ATTORNEY 1) Report and Action on Items from Closed Session Made at This Meeting. Mr. Erwin reported that the Council, after discussion in Closed Session, unanimously rejected the claims of Mr. Gross and Mr. Young. 2) Request for Closed Session 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Buildings, 73-710-720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: City of Palm Desert/Paul S. Gibson, Finance Director Property Owner: City of Palm Desert Other Parties: State of California Legislature - Assembly Committee on Rules Under Negotiation: .g Price Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior court Case No. BC106461 Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: C. CITY CLERK Mrs. Gilligan reported that the Palm Desert Municipal Code was now available on the Internet; it would be hyperlinked to the City's web site in the very near future, but currently was available on Book Publishing Company's site. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Date for Tour of the Territory North of I-10 with Regard to Annexation Issues (Mayor Robert A. Spiegel). With Council concurrence, Tuesday, December 29, 1998, at 8:00 a.m. was set as a Study Session to tour the subject territory. Mayor Pro-Tempore Crites asked that Manager of the Coachella Valley Preserve, Ken Barrows, also be invited to spend a half hour at the Thousand Palms Oasis with the Council approximately midway through the tour of the area to provide information with regard to the Preserve's background and what issues should be considered. 2. Consideration of the Formation of a Citizens' Recreational Vehicle Review Committee (Councilmember Jean M. Benson). MR. JAMES ELLIS, 43-340 Illinois Avenue, Palm Desert, a resident of Palm Desert Country Club (PDCC), said he and some other residents of PDCC who 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * he introduced as, Wilbur Brown, Mery Christiansen, Art Toby, Clyde Sheckington, Mickie and Jay Whitten, and Mr. & Mrs. Charlie Silvers, sought an amendment to the recreational vehicle (RV) ordinance, Chapter 8.40.1050. He stated that it was physically impossible to squeeze an RV between the houses in PDCC and the Council had unknowingly placed all owners in PDCC in violation because of the ordinance in effect when the area was annexed. Therefore, the PDCC RV owners requested an amendment to the RV ordinance to allow them to park their units on property in front of their residences. Mayor Pro-Tempore Crites stated the item name for this should be the "reformation" of a citizens' committee to address RV issues. Councilmember Benson said that it was ZORC's plan to get a group of RV owners together to review the ordinance(s) regulating this situation. Mayor Spiegel noted that he and Councilmember Benson worked on the same thing about three years ago. Mayor Pro-Tempore Crites moved to appoint Mayor Spiegel and Councilmember Benson, along with appropriate staff and residents of the Palm Desert Country Club, to form a committee to review the issues for that specific area. Councilmember Benson stated that the committee should also include RV owflers from the south and north sides of town to look at the entire City, as well. MR. CHARLIE SILVERS, resident of Palm Desert Country Club, was concerned that he and several of his fellow residents, who fell under the same set of circumstances, received certified letters notifying them they were in violation of the existing code. He said they understood; however, some were told that their RV's were going to be towed away by the City and sold for junk. He questioned whether this was something that would happen prior to the committee making a recommendation to the Council. Mayor Spiegel responded negatively and offered an apology for the letter if it was written in such a way to cause anxiety. Upon question by Mr. Silvers whether the dates cited in the letter for compliance were not an issue at this point, Mayor Spiegel answered they were not. Mr. Diaz stated that everything would be on hold from this point. Councilman Ferguson expressed his concern to the resident group that he hoped they understood the ordinance was enforced in other parts of the City. He went on to say that it was the City's desire to have these vehicles screened, there was a legitimate reason for the letter being sent, and the motion on the floor represented the Council's response to these residents' collective concerns. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Therefore, if the letter was sent to bring these owners into compliance, he felt an apology unnecessary. MR. DON STEPHENSON, residing at Tennessee Avenue in Palm Desert Country Club, said he also received a notice, not his first. He said he had storage space for some time, but he exercised his motor home rights, as it was his biggest investment. He volunteered to be a member of the committee when formed. He added that he had been in contact with the Good Sam Club, which emphasized the need to get along with the powers that be, stating that was also his desire. He said the Club would provide him with address labels for those members who live in his area to inform them of what the committee might do and what the agreed upon regulation would be. Council asked Mr. Stephenson to leave his name with Mrs. Gilligan for inclusion on the committee and concurred with Mayor Pro-Tempore Crites' motion to form same, amending it to include representatives Citywide. 3. Consideration of Adding Bermuda Dunes to Palm Desert's Sphere of Influence (Councilman Richard S. Kelly). Mayor Spiegel commented that Mr. Diaz had met with La Quinta's City Manager who indicated they had no interest in annexing Bermuda Dunes, adding that those spoken to in Bermuda Dunes had no interest in La Quinta, either. However, he said there was a governing board for Bermuda Dunes which needed to take action on whether or not to look at Palm Desert. He added that the meeting was to be held in the next couple of days, followed by conversations with Mr. Diaz and Mr. Erwin, with Council consideration planned for' the meeting of January 14. Councilman Kelly moved to continue the subject consideration to the meeting of January 14, 1999. Motion was seconded by Spiegel and carried by unanimous vote. 4. Consideration of the Formation of Technology Committee (Councilman Jim Ferguson). Councilman Ferguson stated that the franchise agreement with MediaOne cable television was due for renewal this year, and he had recently reviewed the current 15-year-old contract. He noted the significant amount of technological change which had occurred in this period, not only with cable television, but also with telephone service, competition between these two industries for some of the same market share, the Internet, networking within City Hall, etc. He thought it would be appropriate to form a committee to advise the City on their 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * upcoming negotiations with MediaOne, Internet and web site issues, and all things technologically related. Councilman Kelly concurred. Councilman Ferguson also noted that at today's police briefing, establishment of a 3-1-1 system was discussed, requiring cooperation with the telephone company, and cable crime alerts that could or could not be provided based upon the nodes available. Councilman Kelly moved to, by Minute Motion, appoint Councilman Ferguson to work with John Wohlmuth to draft an ordinance for introduction and by-laws for the establishment of a Technology Committee for the City. Motion was seconded by Spiegel and carried by unanimous vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. 5. Consideration of the Formation of a Citizen Committee for Review of Stop Sign at Edgehill Road and Pitahaya Street (Councilman Jim Ferguson). Councilman Ferguson stated he had met with a resident of Pitahaya Street this week who provided him with a purported 100-signature petition from residents along Pitahaya and Sandpiper regarding their desire for a stop sign to slow vehicles speeding behind Sandpiper to the Vista Paseo development. He Said they wanted to form a committee, similar to that which was established for Fairway Drive, to meet with City officials to see if a stop sign was possible. Councilmember Benson noted that the Public Safety Commission had discussed stop sign placement and wondered whether or not it could be handled in this fashion. Councilman Ferguson agreed it should go before Public Works and the Public Safety Commission; however, he felt two residents of Vista Paseo, two from Sandpiper, and two from Pitahaya should get together so that concurrence could be reached prior to definitive action being taken. Councilman Ferguson moved to appoint two citizen members from each of the residential areas of Vista Paseo, Sandpiper, and Pitahaya Street to meet with Public Works and the Public Safety Commission to review and make recommendation for a stop sign. Motion was seconded by Benson and carried by unanimous vote. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City Council Committee Reports: 1. United Way Luncheon Mayor Spiegel stated he attended the luncheon held today where he presented, the $25,000 check in commemoration of the City's 25th anniversary, and they were most appreciative. He said all the members were dressed with wings and a halo to show their commitment to being good citizens. He added that members of Palm Desert's City Council were honored for the good they had done for United Way over the years, especially Councilman Kelly. He went on to say that it was further noted that Councilman Kelly initiated the Celebrity Waiter event, which had grown to become United Way's largest fundraiser each year, and Mayor Spiegel was asked to present Councilman Kelly with the "Silver Halo" award for his contribution to the organization. 2. Golf Cart Parade Mayor Spiegel reported that the 1998 Golf Cart Parade, sponsored by Parade Charities, Inc., raised $6,000 on this year's event which was presented to the Living Desert. 3. Living Desert Mayor Spiegel said the Living Desert this week had broken ground on their new Veterinary Research Center. He noted that the state-of-the-art facility would require approximately $4.5 million to complete and that the Tennity's had contributed the lion's share of the amount. 4. Salton Sea Newsletter Mayor Pro-Tempore Crites reported that the Salton Sea Authority was now producing a newsletter that he thought worthwhile and would provide copies to all his colleagues for their perusal. 5. CVAG Energy & Environment Committee Mayor Pro-Tempore Crites stated Michael Clinton, General Manager of Imperial Irrigation District (IID) spoke at today's meeting regarding the proposed Joint Powers Authority (JPA) with IID for electrical service and its status of nearing formal consideration and approval, even though it would not carry as much clout as was anticipated. He noted that some IID Board Members were reticent about relinquishing any of their current control; however, the idea would be to try the JPA for one year, and if successful, go through the State Legislature for 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * "changes in the organic legislation" to allow the JPA final authority in budget rate setting and other matters for the electric component of IID. Upon question by Councilman Kelly, he responded that the way it was currently handled, the JPA Board only made recommendation to the IID Board who had ultimate authority. Mayor Pro-Tempore Crites said secondly, the Committee unanimously voiced its serious concern for the Executive Committee's decision to approve involvement by CVAG in western Riverside County's "half-dead" conservation planning efforts without first consulting Energy & Environment (E&E). He,said E&E understood why the County did not want the lead, citing the kangaroo rat issue "fiasco," but felt CVAG's involvement would only provide the County with a handy "scapegoat" and not in CVAG's best interest. He said in essence, the County would hire CVAG to procure consultants to do the plan, and when he asked why the County could not hire its own consultants, he was told they felt CVAG had the expertise. But he felt that would require additional CVAG staff to undertake such a project and expressed his personal disappointment that the Executive Committee approved such a proposal, which he thought was relative to finding a way to get some money from that side of the County. Council concurred. Councilmember Benson commented the additional funding notion was the premise when the idea was presented to the Executive Committee while she was a member. Mayor Pro-Tempore Crites reported that E&E unanimously approved that a letter be sent to all CVAG Executive Committee members expressing their disapproval of this action. Mr. Diaz recalled from the Executive Committee meeting that members of WRCOG were inviting CVAG to participate so it didn't appear CVAG was taking over the project. 6. Mountain Lion Eradication Upon question by Mayor Pro-Tempore Crites, Mr. Wohlmuth said he contacted Animal Pest Management Monday this week. He said their staff had been on site, but had not been informed of, nor had made any sightings themselves. However, he said they were still monitoring the situation and area on a scheduled basis. 7. Special Events Councilmember Benson extended special appreciation to Pat Scully, Community Affairs Specialist, for her organization and hard work which made the 25th Anniversary Celebration on Sunday, November 22, a huge success, for which people were still offering their compliments to the City for a great day. She further complimented the fine job Pat did on the Committee/Commission 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Holiday Party held Saturday, December 5, which was another great success. Council wholeheartedly concurred. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Please see individual items for discussion and action. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENTS TO THE ART IN PUBLIC PLACES COMMISSION, BUILDING BOARD OF APPEALS AND CONDEMNATION, CIVIC ARTS COMMITTEE, INVESTMENT & FINANCE COMMITTEE, LIBRARY PROMOTION COMMITTEE, PARKS & RECREATION COMMISSION, PLANNING COMMISSION, PROMOTION COMMITTEE, AND RENT REVIEW COMMISSION. Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Reappoint Katherine Hough and appoint Janet Brody to the Art In Public Places Commission; 2) appoint Denise Poeltler to the Building Board of Appeals & Condemnation; 3) reappoint Robert Paul, Maureen Thompson, and Sloane Halloran -Lewis to the Civic Arts Committee; 4) appoint Russell Campbell to the Investment Committee; 5) appoint Beverly Bergh, Kenneth Maxwell, and James Terrell to the Library Promotion Committee; 6) reappoint Phillip Babcock and appoint Donald Gittelson to the Parks & Recreation Commission; 7) reappoint Cynthia Finerty and appoint Jim Lopez to the Planning Commission; and 7) reappoint George Kermode, Fred Tretta, and Colin Wilson, and appoint Kenneth Katz, Rick Post, and Peter Sturgeon to the Promotion Committee. Motion was seconded by Benson and carried by unanimous vote. B. APPOINTMENT OF A SECOND CITY COUNCILMEMBER AS LIAISON TO THE ART IN PUBLIC PLACES COMMISSION. Councilmember Benson volunteered to serve as the second liaison. Councilman Kelly moved to appoint Councilmember Benson to serve as the second City Council liaison to the Art In Public Places Commission. Motion was seconded by Ferguson and carried Yty a 4-0-1 vote with Councilmember Benson ABSTAINING. C. APPOINTMENTS TO THE CAL STATE SAN BERNARDINO ARCHITECT SELECTION COMMITTEE. Mayor Pro-Tempore Crites moved to, by Minute Motion, appoint Rick Holden of the Architectural Review Commission and Councilman Richard S. Kelly to the subject committee. Motion was seconded by Benson and carried by unanimous vote. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *.* D. APPOINTMENTS TO THE EL PASEO BUSINESS ASSOCIATION. Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the recommendation of the El Paseo Business Association Board of Directors to reappoint Sonia Campbell, Didier Block, and Patrick Harkins to three-year terms, and to appoint Tammy Perezchica, General Manager of the Gardens on El Paseo, as a new director to the Board for a three-year term commencing January 1, 1999. Motion was seconded by Benson and carried by unanimous vote. XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT #31 (APN NO. 622-351-031) LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor/Chairman Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the subject sale. With no public testimony offered, he declared the public hearing closed. Mayor Pro-Tempore/Vice Chairman Crites moved to: 1) Waive further reading and adopt Resolution No. 98-151, authorizing the Palm Desert Redevelopment Agency to sell mobile home lot #31 at fair market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 365, making and finding that the sales price for the lot is not less than its fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded by Ferguson and carried by unanimous vote. B. CONSIDERATION OF 1999/2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mayor Spiegel declared the public hearing oven and invited testimony in FAVOR of or OPPOSED to the program. MR. GENE HOUSE, Executive Director of College of The Desert Foundation, 43-500 Monterey Avenue, Palm Desert, and residing at 1454 San Luis Road, Palm Springs, CA, noted the College and City's past collaborative efforts including the Multi -Agency Library and the Alternative Energy Program. He reported that the College was now entering into the "Smart Classrooms" project, a $10 million transformation of the College's technology infrastructure to make it a 21st century learning environment, and the State of California had given the College an unprecedented $8 million in special grants for the project based upon the need shown for this type of program and the College's track record of handling past multi- million dollar capital programs. He noted that $4 million of the special grants total was awarded to the College as a result of a statewide competition with 71 other community college districts, the award being the second highest grant in the state with the Los Angeles Community 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * College District receiving the highest award. He reported that the project was already well underway, over half completed; however, he said in order to receive the last $4 million, the College was required to raise $1.25 million locally to demonstrate the importance of the project within the District and to complete total funding of over $9 million. Therefore, he said that every dollar the City of Palm Desert, or any other partner contributed, would generate an additional $3.00 from the State of California. He stated that they had currently raised $1 million locally, with $250,000 left to raise. With that stated, he then submitted' the Foundation's CDBG Grant application to the City, which he said requested $100,000 in CDBG funds or other funds from the City in order to complete the project. With no further testimony offered, Mayor Spiegel closed the public hearing. Councilmember Benson moved to, by Minute Motion, direct staff to work with applicants to develop eligible projects for CDBG Block Grant funding. Motion was seconded by Ferguson and carried by unanimous vote. C. REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION OF AN EXISTING 2,275 SQUARE FOOT BUILDING INTO AN EL POLLO LOCO RESTAURANT LOCATED AT 73-495 HIGHWAY 111 Case No. CUP 98-17 (Palm Associates, LLC, Applicant). Mr. Martin Alvarez, Assistant Planner, provided a revised site plan of the project, including the removal of three parking spaces at the southwest corner of Highway 111 and San Pablo Avenue. He stated that landscaping had also been added to create a larger buffer between Highway 111 and the existing structure. He noted the 20 parking spaces for a restaurant of this size would be sufficient to meet the City's parking requirement. He also reported that the Planning Commission and Architectural Review Commission approved the elevations, as shown, and staff recommended approval of CUP 98-17 with the revised alternate plan. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the subject case. MR. RICK HOLDEN, Holden & Johnson Architects, 44-267 Monterey Avenue, Palm Desert, residing at 44-615 Santa Margarita, Palm Desert, stated he was the architect for the project and offered to answer the Council's questions. With no further public testimony offered, Mayor Spiegel declared the public hearing closed. Councilman Ferguson expressed thanks to Tim Bartlett for his efforts in modifying the design of the parking lot and for including greenscape and buffer to the corner. He noted that he was the Councilmember who asked that the case be heard by the Council, primarily because the changes were not read into the record of the Planning Commission meeting; therefore, they were not legally binding obligations to the developer. He stated that the only additional request 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * he had was that there not be two signs on the parapet of the structure-- it was a corner which was seen from both perspectives, and the top could be rounded or angled so that only one sign would be required, thereby reducing the visual cluster. He felt that if it was sited at any other corner other than Highway 111 and San Pablo, which he now saw as the gateway to El Paseo since the Gardens' opening, he wouldn't feel as strongly about it. He noted that the parapet was approximately 22 feet high with a 93 elbow at the corner. Councilmember Benson concurred with Councilman Ferguson in his comments about Mr. Bartlett's efforts to make the corner better. Councilman Kelly noted that when he reviewed the El Pollo Loco site in Indio, he felt it was the best -looking building on Highway 111 there. MR. HOLDEN responded to the inquiry about the feasibility of altering the parapet by saying that there was difficulty in the fact that the project worked with an existing structure, noting, that the design was as tight as it could get. He said to round the parapet, it would have to be cut down. He said it would probably then be the only fast food restaurant in town with reverse -channel, halo -lit letters of subtle presentation; they were not the style normally used for this type of application. He noted that right behind their project was Office Max with four foot high, bright red plastic letters lit from the inside. He felt their sign was well within the requirements set by sign ordinance. Mayor Spiegel felt it was a great -looking building. Councilman Ferguson noted that Mr. Holden was not the developer of the project, that Mr. Bartlett had informed him the developer did not have a problem with the suggested change to one sign, and that Mayor Pro- Tempore Crites stated that unless there was a tremendous reason it couldn't be accommodated, he didn't have a problem with it. He then questioned Mr. Holden if it was architecturally impossible to accommodate one sign versus two. MR. HOLDEN responded that it was not architecturally impossible, but that it was basically a rectangular building with no other rounded features. He suggested that the Council might' like a turret feature. He added that his firm felt the project provided a subtle entryway, and placing the door on the corner would draw more attention to the building. Councilman Kelly voiced his support for the project as it was presented to the Council and moved to waive further reading and adopt Resolution No. 98-152, approving CUP 98-17 subject to conditions. Motion was seconded by Spiegel. Councilman Ferguson noted that projects recently approved were the result of modifications suggested by Council which made those projects far better for the City. Councilmember Benson offered that the concessions which had been made, in addition to the type of lighting on the sign would not be another blight to Highway 111. The motion carried by unanimous vote. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF A PLANNING COMMISSION ACTION APPROVING A HILLSIDE DEVELOPMENT PLAN TO ALLOW GRADING OF THE SITE AND CONSTRUCTION OF A SINGLE FAMILY HOME ON FIVE ACRES WITHIN THE HILLSIDE PLANNED RESIDENTIAL ZONE KNOWN AS 47-075 SOUTHCLIFF ROAD (APN NO. 628-120-002) Case No. HDPP 98-2 (Eddie Babai, Applicant). Mr. Steve Smith, Planning Manager, stated the property was at the west end of Southcliff Road, high in the hills, and that both the Architectural Review Commission and the Planning Commission had approved the plan. He said in both instances, staff argued for a smaller structure located in a less prominent location. Following the Planning Commission action, he said several Councilmembers approached him to request Council consideration, and staff continued to recommend that the dwelling be smaller and less prominent. He reported that a meeting with the Applicant's architect, Councilman Ferguson, and himself was conducted this afternoon. He said they would be making their presentation, take any feedback, and look at relocating the dwelling on the site. Mayor Spiegel declared the public hearing wen and invited testimony in FAVOR of or OPPOSED to the subject case. MR. SEAN ABAII, Principal of Saba Architects, 4500 Campus, Suite 520, Newport Beach, CA, stated they preferred not to have a continuance. He said their firm knew the, site was a critical location because of its hillside zoning; therefore, they did much research with regard to hillside zoning and City of Palm Desert zoning overall. He felt they had met all the requirements. However, he said because the most prominent position on the property is'the peak, where the house would have the greatest view of the entire valley, he realized this -was the concern of the Planning Department. He offered to answer any questions. Upon question by Mayor Spiegel whether what he had been told, that part of the hillside had already been graded and taken away for the project, was correct, Mr. Abaii responded that had been done without his knowledge, and the owner had been "slapped on the hands" for going ahead with this part of the project without involving the architecture firm or pulling the proper permits. He said although this was done somewhat illegally, it had been rectified by making the owner draw up proper plans and hire a California Registered Civil Engineer to design the pad according to City standards. Councilman Ferguson stated he had made most of his comments to the Applicant during the meeting earlier this afternoon. However, he said he wished to comment on the history of the hillside ordinance and its purpose, as it seemed that the owner's purpose and the City's purpose were at opposite ends. He felt that comments provided by those Councilmembers who participated in the process and adoption of the ordinance could provide some guidance for' the drawing of alternate plans that might be acceptable to the City. 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson commented that in adopting the ordinance, as she read it, the intent was to make development as unobtrusive as possible from the valley floor. Therefore, she said if the Applicant was willing to reduce the size of the structure and reposition it, she felt that was the action to take. Councilman Kelly concurred and added that even the color scheme was to be addressed with a treatment which blended into the hillside. MR. ABAII responded that the hillside ordinance only limited the Applicant to the grading of a 10,000 square foot pad. He noted that his client had a five acre lot, and once 10,000 square feet was graded with a 5,600 square foot house and driveway situated thereon, there was no room for anything else-- they were limited based on the standards as set forth by the hillside ordinance. Councilman Kelly responded that with regard to the hillside ordinance, it was designed so this situation would not happen, and building lower would allow for an increased density. He clarified by stating that whether five acres or not, the intent was to prevent cuts and to keep the building space as small as possible. Mayor Pro-Tempore Crites added that it was also the intent to provide incentive to utilize existing flat areas, or existing pads, rather than to cut yet more pads, noting that the 10,000 feet was a maximum amount as allowed by Council decision-- it could be considerably smaller. Therefore, he said that the interpretation that 10,000 was automatic was not necessarily correct. Mayor Spiegel declared the public hearing closed. Mayor Pro-Tempore Crites noted that the staff report referred to an existing home, the Olinger home, which Council later regretted approving when it saw the final exterior shade applied thereto. He hoped staff would pay close attention to this type of situation in the future for making structures ultimately compatible with the existing hillside. Councilman Ferguson commented that the ordinance was written so that Council had flexibility for the preservation of aesthetic views. He cautioned that while there were details of square footage of lot/pad, etc. to be considered, the bottom line would be that if the project did not meet the aesthetic objectives, it would probably receive rather rough treatment. He said he told the Applicant's attorney that it was the visual impact that the Council had concern about. MR. ABAII said based upon Council's comments, he would request a continuance; however, he re-emphasized that the project was in full compliance of 35% lot coverage, as set forth by the City's standards. He added that the way the home was situated, only the round portion, approximately 25-30% of the house was up front, and the remainder of the house was placed in the back. He said they objected to reducing the size of the house, as it was his client's longtime dream to build that size of home for himself, and they would need justification as to why the Council would require him to build a 3,000 square foot home. He stated they did not object to repositioning the house, moving it back and spending another $100,000 in re -grading costs. 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 10, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson moved to, by Minute Motion, refer Case No. HDPP 98-2 back to Architectural Review Commission and direct the Applicant to revise the proposal to not to exceed 3,000 total square feet and that the dwelling be repositioned on the pad to a less prominent location to make the project blend in with the hillside. Motion was seconded by Benson and carried by unanimous vote. XVII. ORAL COMMUNICATIONS None VIII. ADJOURNMENT With Council concurrence, Mayor Spiegel adjourned the meeting at 8:18 p.m. ATTEST: SHEILA R.'-F i.LIGAAI)T/ CITY CLERK CITY OF PALM D T, CALIFORNIA ROBERT A. SPIEG 36