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HomeMy WebLinkAbout1998-01-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson III. INVOCATION - Councilman Richard S. Kelly IV. ROLL CALL Present: Councilman Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Pro-Tempore Robert A. Spiegel Mayor Jean M. Benson Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Richard J. Folkers, ACM/Director of Public Works John Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Pat Conlon, Director of Building and Safety Phil Drell, Director of Community Development Paul Gibson, Finance Director/City Treasurer Ruth Ann Moore, Business Support Services Manager Teresa LaRocca, Housing Programs Coordinator Ray Janes, Management Analyst II Mary P. Gates, Deputy City Clerk V. ORAL COMMUNICATIONS - A None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of October 23 and December 11, 1997, and the Adjourned Meeting of the City Council/Redevelopment Agency of December 16, 1997. Removed for separate discussion under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 29, 30, 31, 33, 28PD Office Complex, and 32PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#350) for Indemnity by Jimmy Clay Clark, Individually and Doing Business as Green Sweep Trucking. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Wok Restaurants, Inc. for City Wok, 73040 El Paseo, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Annalisa and Luciano Santoro for Heavenly Diner #2, 74894 Lennon Street, H1, Palm Desert. F-1. Rec: Receive and file. REQUEST FOR AUTHORIZATION of the Destruction of Files From the Department of Building and Safety That Have Been Microfilmed. (October 1997) Rec: Waive further reading and adopt Resolution No. 98-1, authorizing the Department of Building and Safety the destruction of files that have been microfilmed. F-2 REQUEST FOR AUTHORIZATION of the Destruction of Files From the Department of Building and Safety That Have Been Microfilmed. (November 1997) Rec: Waive further reading and adopt Resolution No. 98-2, authorizing the Department of Building and Safety the destruction of files that have been microfilmed. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G-1. REQUEST FOR APPROVAL of Refund of Business License Fees. Rec: By Minute Motion, approve a refund of $51.00 for Householder Construction and Desert Fireplaces Etc. business license fees. G-2 REQUEST FOR APPROVAL of Refund of Business License Fees. Rec: By Minute Motion, approve a refund of $56.25 for Desert Cities Physical Therapy. H. PORTFOLIO MASTER SUMMARY for the Month of November 1997. Rec: Receive and file. I-1. LETTER OF RESIGNATION from Beth Ash from the Community Library Committee. Rec: Receive with sincere regret. I-2. LETTER OF RESIGNATION from Robert Evans from the Promotion Committee. Rec: Receive with sincere regret. J. REQUEST FOR APPROVAL of Charitable Contributions/Outside Agency. Rec: By Minute Motion, approve the Charitable Contributions/Outside Agencies Committee recommendations for funding in accordance with the 1997/98 budget and authorize the Mayor to execute the agreements between the City and the agencies. K. REQUEST FOR APPROVAL of Notice of Completion for Presidents Plaza Improvements (Contract No. C13260). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion of the subject contract. L. REQUEST FOR APPROVAL of Notice of Completion for Monterey Avenue Landscape Project (Contract No. C12030, Project No. 605-96). (Applicant: Gali Landscaping) Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion of the subject contract. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M-1. REQ TEST FOR APPROVAL of Award of Contract for Cook Street and Gerald Ford Drive Traffic Signal Installation (Contract No. C13240, Project No. 575-97). (Applicant: Sierra Pacific Electrical Contracting) Removed for separate discussion under Section VII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M-2. REQUEST FOR APPROVAT, of Award of Contract for Cook Street and Gerald Ford Drive Utility Improvements (Contract No. C13250, Project No. 676-97). (Applicant: Hood Communications, Inc.) Rec: By Minute Motion, award Contract No. C13250 to Hood Communications, Inc. Of Grand Terrace, California, for the utility improvements at Cook Street and Gerald Ford Drive in the amount of $96,994.00, plus a ten percent contingency in the amount of $9,699.40, and authorize the Mayor to execute the agreement. Funds are available from Account No. 213-4393-433-4001. N. REQUEST FOR RELEASE of Lien for Palm Desert Gardens. Rec: By Minute Motion, release the lien (assessment) on APN624-230-008. O. REQUEST FOR APPROVAL of Change Order of $16,432.75 for Presidents' Plaza Improvements (Contract No. C13260). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $16,432.75; 2) authorize the transfer of $16,432.75 from contingency to base. P. REQUEST FOR APPRQyAT, of Change Order No. 1 for Gerald Ford Drive Extension (Contract No. C13230, Project No. 677-97). (Applicant: E.L. Yeager) Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $6,384.57; 2) authorize the transfer of $6,384.57 from contingency to base. Q. REQUEST FOR APPROVAT, of Change Order No. 1 for Curb and Gutter and Cross Gutter Repair Program (Contract No. C12830, Project No. 753-97). (Applicant: JDC, Inc.) Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $10,221.00; 2) authorize the transfer of $10,221.00 from contingency to base. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REQUEST FOR APPROVAL of Signing for Palm Desert Community Church and St. Margaret's Episcopal Church. Rec: By Minute Motion, approve this location so the signs can be fabricated and installed. S. REQUEST FOR APPROVAL of Final Tract Map 28295-1. (Applicant: Desert Southwest Developers) Rec: Waive further reading and adopt Resolution No. 98-3 approving Tract Map 28295-1. T. REQUEST FOR APPROVAL of Final Parcel Map 28567. (Applicant: WDC Corporation) Rec: Waive further reading and adopt Resolution No. 98-4 approving Parcel Map 28567. U. REQUEST FOR AUTHORIZATION of Release of Grading Improvement Security (Tracts 26123-3, 28227, and 28227-1). (Applicant: Sunrise Company) Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. V. REQUEST FOR AUTHORIZATION of Release of Grading Improvement Security (Parcel 28090) (Applicant: Gangi Development Co., Inc.) Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security. W. REQUEST FOR AUTHORIZATION of Out of Town Travel. Rec: By Minute Motion, authorize out of state travel for Business Support Manager permission to travel to Phoenix/Scottsdale and Sedona, Arizona from January 29, 1998 through February 2, 1998, as a scouting trip for new entrepreneurial business recruitment. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. REQUEST FOR AUTHORIZATION for Staff to Enter Into an Agreement for Engineering Design of Demolition of Well Sites at Portola Avenue/El Cortez, Portola Avenue/Fred Waring Drive and San Pablo Avenue/Royal Palm Drive (Project No. 683-97). (Applicant: Fomotor Engineering), Contract No. C13740. Rec: By Minute Motion: 1) Approve engineering design proposal from Fomotor Engineering for the subject engineering demolition plans and specifications in the amount of $5,965. Funds are available from Account No. #110-4300-413-3010; 2) Authorize the Mayor to execute the agreement. Y. REQUEST FOR AUTHORIZATION for Staff to Enter Into an Agreement for Engineering Design of Whitewater Bicycle and Pedestrian Project (Project No. 690-98), Contract No. C13750. Rec: By Minute Motion: 1) Approve engineering design proposal from Coachella Valley Engineers of the subject project. Proposal cost includes engineering plans and specifications in the amount of $7,000, plus a ten percent contingency in the amount of $700. Funds are available from Account #410-4398-433-4001. Partial funding will be reimbursed from R.C.T.C. Fund SB 821; 2) authorize the Mayor to execute the agreement. Councilman Ferguson asked that Item A be removed from the Agenda for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Councilman Spiegel asked that Item M-1 also be removed for separate discussion. Upon motion by Kelly, second by Spiegel, and unanimous vote of the Council, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meetings of October 23 and December 11, 1997, and the Adjourned Meeting of the City Council/Redevelopment Agency of December 16, 1997. Councilman Ferguson stated that he would be abstaining from voting on the Minutes of October 23, 1997, because he was not a member of the Council at that time. Councilman Spiegel moved to approve the Minutes of December 11, 1997, and December 16, 1997. Motion was seconded by Kelly and carried by unanimous vote. Councilman Spiegel moved to approve the Minutes of October 23, 1997. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M-1. REQUEST FOR APPROVAL of Award of Contract for Cook Street and Gerald Ford Drive Traffic Signal Installation (Contract No. C13240, Project No. 575-97). (Applicant: Sierra Pacific Electrical Contracting) Councilman Spiegel asked whether prevailing wage had anything to do with the amount of the contract. Mr. Folkers responded that the amount was with prevailing wages. He added that the funding source for this project required that the City use prevailing wage. Councilman Spiegel moved to, by Minute Motion, award Contract No. C13240 to Sierra Pacific Electrical Contracting of Riverside, California, for the traffic signal installation at Cook Street and Gerald Ford Drive in the amount of $74,500.00, plus a ten percent contingency in the amount of $7,450.00, and authorize the Mayor to execute the agreement. Funds are available from Account No. 213-4393-433-4001. Motion was seconded by Crites and carried by unanimous vote. VIII. RESOLUTIONS A. RESOLUTION NO. 98-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 97-48, SECTION I, SALARY SCHEDULE, RANGES AND ALLOCATED POSITIONS TO ADD ONE NEW POSITION TO THE REDEVELOPMENT AGENCY. Mr. Diaz stated that Mr. Wohlmuth was available to answer any questions. Councilman Spiegel stated that he felt this was a good position for the City. Councilman Spiegel moved to waive further reading and adopt Resolution No 98-5, adding a Rehabilitation Construction Specialist to the Redevelopment Agency. Mayor Benson noted that this was not the position currently filled by Charlene Sumpter in Redevelopment and that Ms. Sumpter was a contract employee. Ms. LaRocca added that the person hired to fill the new position would be the field person, very visible in the community, making personal contact with homeowners and hand -holding people through the application process. She stated that Ms. Sumpter was doing construction supervision and contract application. 7 1VIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Spiegel relative to Ms. Sumpter being hired for this position, she stated that at this time Ms. Sumpter would prefer to stay as a contract employee. Mayor Benson seconded the motion made by Councilman Spiegel: The motion carried by unanimous vote. IX. ORDINANCES For Introduction: None For Adoption: Mr. Diaz noted that there had been no changes to Ordinance Nos. 858, 860, 861, and 866 since introduction of these ordinances, and he recommended adoption. A. ORDINANCE NO. 858 - AN ORDINANCE OF THE C1TY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REENACTING AND READOPTING THE PROVISIONS OF THE PALM DESERT MUNICIPAL CODE AND INCORPORATING THE CITY CHARTER THEREIN Councilman Kelly moved to waive further reading and adopt Ordinance No. 858. Motion was seconded by Ferguson and carried by unanimous vote. B. ORDINANCE NO. 860 - OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING CHAPTER 3.30 OF THE PALM DESERT MUNICIPAL CODE WHICH SETS FORTH THAT CITY PUBLIC WORKS PROJECTS SHALL NOT REQUIRE PREVAILING WAGE PAYMENTS. Councilman Spiegel moved to waive further reading and adopt Ordinance No.$.6Q. Motion was seconded by Ferguson and carried by unanimous vote of the Council. C. ORDINANCE NO. 861 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, CREATING A HOUSING COMMISSION PURSUANT TO THE HOUSING AUTHORITIES LAW. Councilman Spiegel moved to waive further reading and adopt Ordinance No.860. Motion was seconded by Ferguson and carried by unanimous vote of the Council. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. ORDINANCE NO. 866 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.16 OF THE MUNICIPAL CODE RELATING TO DEVELOPMENT STANDARDS OF THE R-1 ZONE. (CASE NO. ZOA 97-4) Councilman Spiegel moved to waive further reading and adopt Ordinance No.860. Motion was seconded by Ferguson and carried by a 4-1 vote, with Councilman Crites voting NO. E. ORDINANCE NO. 848 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE PCD TEXT FOR "THE CREST" FOR A MAXIMUM OF 151 UNITS, CASE NO. C/Z 90-12 AMENDMENT #1. (Continued from the meeting of December 11, 1997.) The following is a verbatim transcript of this portion of the Minutes: Key JMB Mayor Jean M. Benson DJE David J. Erwin, City Attorney PS Paul Selzer TM Ty Miller BAC Councilman Buford A. Crites JF Councilman Jim Ferguson RSK Councilman Richard S. Kelly PD Phil Drell, Director of Community Development/Planning RAS Mayor Pro Tempore Robert A. Spiegel SRG Sheila R. Gilligan, Director of Community Affairs/City Clerk JMB The next item, then, is Ordinance No. 848, an ordinance of the City Council of the City of Palm Desert, California, approving the PCD text for "The Crest" for a maximum of 151 units, Case No. C/Z 90-12 Amendment #1, continued from the meeting of December 11. DJE Madam Mayor, this is also in conjunction with Ordinance 849 on the next page, item F. This is The Crest development. The Council, at your meeting in December, December l lth, continued it to this point in time to, I believe, hear from Fish & Game, Fish & Wildlife, and then to determine a specific date at which time you would want to take action with regard to The Crest development and annexation to the City. JMB Okay, I have two speakers. Did you have questions before the speakers? Alright, Paul Selzer... 9 11rIINUTTS REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PS Madam Mayor and members of the Council, Paul Selzer, we represent the applicant. As Mr. Erwin accurately reported, this matter was continued from your December llth meeting to hear from Cal Fish & Game and Fish & Wildlife Service regarding the letter that they transmitted to the Council that day. Since that time, we have...I have attempted to contact both the Fish & Wildlife Service and California Department of Fish & Game. That period during the holidays, we didn't get many responses from anyone. I was, however, successful in finally getting a call returned from Cal Fish & Game, Mr. Kurt Toucher, who was one of the signatories to the letter, and I asked Mr. Toucher specifically, I said, and I, as you, know him well, I said, "Kurt, what's the problem? We thought that we had met all of the requirements." His response was that he had gotten my various phone calls, my various phone messages, went back and reviewed the file, and said that from the standpoint of Cal Fish & Game, they were happy with the project, which begged, of course, the question, why the letter. And what he explained to me was that they have entered into a cooperative agreement with the Fish & Wildlife Service to act cooperatively in these things, so that begged the third question, what problem does the Service have. And his response was "I have no clue". He did not have any idea. He was going to call Fish & Wildlife and get back to me. When I called him the next day, they reported that he would be out until this coming Monday. So...I do understand, however, and Mr. Drell can probably address this better than I, that Phil did talk with the Fish & Wildlife Service, and it's my understanding...well, I'll let him say it at the appropriate time. We are prepared to have the matter continued to a date certain. However, for the reasons that I will briefly outline to you, we would hope that at that meeting the Council would be prepared to vote on the matter. Just really briefly...one, we have an approved EIR in this matter that was approved only after input from Cal Fish & Game and the Fish & Wildlife Service for 210 units. Our project, of course, is at 151. We redesigned the entire project after input from Cal Fish & Game and the Fish & Wildlife Service at the time so that, I mean, again, I needn't go over all the details, but only 9% of this entire project will be disturbed. You have before you the recommendation of the Planning Commission that recommends approval. You have the recommendation of the staff, which recommends approval. We, at this moment in time, have no further comments from the California Department of Fish & Game nor the Fish & Wildlife Service. We have met all of the suggested lot modifications which we received from the Mayor and Councilman Crites out on the site. We have built into the development agreement, which you approved in July, all the recommendations of the City Attorney and Councilman Crites, who was active in negotiating that development agreement. The bottom line is, we don't...we have no suggestions from anyone that we can act on. There is...I think we are at a point, a logical point, unless someone has further suggestions about how we might deal with this, that at your next meeting it would be appropriate to deal with it. As I say, we have done, we think, everything possible to accommodate all of the requests we received...all of the requests we have received from the City that we can deal with, and we don't know where to go. So, we think it's time at your next meeting after assuming either Cal Fish & Game or Fish & Wildlife Service gets back to you that it would be appropriate for you to act. Thank you very much, we'll be happy to answer any questions. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JMB Any questions of Paul? Thank you. PS Thank you. JMB I have a request also from Ty Miller. TM Members of the City Council, thank you for again having us in front of you. I want to again thank all of you for, over the years, meeting with us. I guess what I would like to say, almost all of you we've spent a great deal of time with, and all of you have cooperated with us. We think we've made every possible change that we can possibly make. We passed the Planning Commission three times. About ten years ago when we started this project we met initially with Ernie Hahn, who's a friend of ours, and he recommended that we meet with the City Council and said if you make legitimate changes in the project, listen to all the things that they tell you to do, then they will make a logical, reasonable decision, and he is also, you know, very concerned about the mountains in Palm Desert, etc. So we came up with a very good plan, we think, which dedicates 410 acres to the City as perpetual open space. We think it's a very, very good plan. So, from here, you will not be able to see the project, and almost 99% of the project you won't be able to see from Highway 74 because we're dedicating most of that land, and most of you all know that because you have been on the site and you've spent very, very, tremendous amount of time on the site with us, and we appreciate that. You didn't have to do that; you could have just thrown up your hands and said "we don't want anything in the hills, we're not listening to anything". That wouldn't be good government. Good government gets involved to ascertain what the issues are and to make the best decision possible for the City. I think all of you are trying to do that. From our standpoint, we can only do what we can do on our side. The question was asked last time "Why do you want to be in the City of Palm Desert?" and at this point we begin to scratch our heads because, as you know, the majority of the is in the County. Now, we thought we would be good neighbors, initially, nine years ago when we came in and started the process, and we have to be in one or the other. We can't be just in one, and so we tried to be good neighbors, we made every attempt to try to do that with a development agreement, etc. I think over the next two weeks, we've asked for a continuance one more time, and the decision is really not whether there's going to be no development or a development...we have assurances from the County, we processed parallel at your request, and we could probably achieve about 130 units on the site, we have correspondence to that effect. We are at the point where we have to do something. We can't do nothing. We got the project approved on a conditional three to two vote in July. We've been waiting since July to finalize this, and we're in an impossible situation. So, I think what the City Council respectfully needs to do is really decide do you want to have administration of the project over the next 20 years, control the open space, control the development area, in a project that you have designed and been intimately involved with or not. It's not that there's going to be no project. There will be a project up there. It will either be administered by the County or it will be administered by the City. I think you've made good planning efforts. I think we've made enormous, enormous changes in the project. It's probably the most environmentally sensitive project that you've ever approved. So I would kindly...we're 11 1VIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * getting...you know, we've prepared tons of environmental documents. Some people can write letters, etc. You know the real issues are deciding what's best for the City. Is it best for the City to control this property and its administration or to have the County do it. And that's not a threat, that's the only choice we have. We're not trying to threaten you with anything. We just don't have any other choices. So, I would kindly request that you consider that, and we'll come back for one last time next time and hopefully decide, and we want to remain friends with the City of Palm Desert whether we move forward or not, that's not the issue, and I just would kindly request that you would make the best decision you can make for the City. Thank you. JMB Thank you. Any other questions or discussion? What is your pleasure? Do you want to set it... BAC I haven't heard anything from the two agencies, and until, at least as one person, until I do, I don't have anything to set a date for. IF I also had requested a parcel analysis from our staff, which I haven't gotten yet, so I wouldn't be able to set a date until I know when that would be forthcoming...the western boundary line, I wanted an aerial shot with a parcel overlay vellum from the County. Perhaps I might be ready sooner as opposed to later. RSK I guess, question. Who is contacting the agencies to find out what... PD Again, I have been in contact with both agencies My response from Fish & Game is as Mr. Selzer indicates. From Fish & Wildlife Service, partly I guess their staff has been a little bit less stable over the years. The gentleman who's kind of taking the lead on this thing is someone who is wholly unfamiliar with the project, has never been on the property, was unfamiliar with the Service's responses and position that they had communicated on the original FIR. We had to send them copies of their responses from our EIR, and he wants to go out and see for himself. RSK Did he give you a timeline? PD He was apologetic that he hadn't been able to do it in the month, but my indication was that it would be some time in the next week or two, but he didn't give me any specific commitment. RSK Well, I just have a concern, yes or no, you know, I have a lot of feelings about this, and I'm not sure, you know, which way right now we ought to go, but I have a concern that we're not being timely. We ought to give a yes or no answer. I mean, we talk about government, you know, and people get frustrated with government because they can't get anything done. I probably get madder than anybody else. I deal with government agencies and don't get any service and people treat me raunchy, require me to do things that don't make any sense, and I just think we have a responsibility if we're going to do this to do it in an efficient manner and not string people along. Let's do something. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JMB Can we not have... RSK And I may vote no or I may vote yes, I don't know, but we ought to act like, at least like a business organization. JMB Councilman Spiegel? RAS I had requested from staff some months ago the cost of annexing everything that was on the west side of Highway 74, and there was a quasi report that really didn't tell me a heck of a lot. And I'm not satisfied with the answer I've gotten from staff. I would like that to be reviewed. Obviously, that could impact the whole thing. JF Well, I agree with Councilman Kelly. We should have a drop dead date on this. But I would point out that the developer could have gotten a yes or no answer at any point he wanted. I just don't think he would have gotten the answer he wanted, and I think we've been trying to work with you to see a way that we can make this project work. And so I don't think that it's been deliberate delay on our part, I think we've just been trying to get answers to questions that we have. I have some, Councilman Crites has some, Councilman Spiegel has some, and we're trying to work with you to give you the answer that you want. And as I told your attorney this afternoon, if you wanted a vote tonight, I don't think you'd like the way it would come out because my hunch is we still have a lot of unanswered questions. So...I'm all for picking a date and making that a drop dead date, whether they get an answer up or down, and working as hard as we can to get those questions answered to the extent it's within our purview, Fish & Game might be another story. JMB Well, can we not have the attorney write to Fish & Game as they wrote to us, and we are holding it because of additional information from them and give them a date to give it to us? 3F Sure. JMB Because if they're just pushing it around with Phil, not saying when, but if we have an official request for information that we want, we have a decision to make, and I certainly agree with Dick that it's not fair to keep going on and on. And though it's not our fault, we do need to have some definitive date that we're going to work with because if we leave it up to them, they might be busy all the time, so I think we need a formal request for a reply and then set a date that they can return and we'll have our answer. JF Is that our attorney or their attorney? JMB Our attorney to write Fish & Game. JF Our City Attorney, okay. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JMB The letter came to us. JF Is that a motion? RSK Can we continue it to a...could we give it to the first meeting in... DJE February. RSK ...February, and that ought to be...if we can't get our act together by the first meeting in February, then we ought to turn in our charter. JMB Right. RAS That's the 12th of February. RSK 12th of February. I move that we continue it to the 12th of February. RAS Second. JMB Please vote...and direct the City Attorney to... SRG The motion carries by unanimous vote. DJE I stand instructed to contact both, to tell them that, and tell them to get their responses forthwith. JMB Thank you. After discussion of New Business Item B, the following discussion and action took place: DJE Mayor Benson, may I interrupt the Council and ask you to go back to The Crest. Mr. Selzer advises he has a conflict on the 12th of February and would like the Council to consider continuing it to the 26th of February. JMB Alright. BAC So moved. JMB His request, is that fme? JF I have no problem. Do you need a motion? Do you need a motion to that effect? 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * DJE Please. JF I'll move that we continue it to February 26th. RAS Second. JMB All in favor. SRG The motion carries by unanimous vote. F. ORDINANCE NO. 849 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR A MAXIMUM 151 UNIT PROJECT KNOWN AS "THE CREST". (Continued from the meeting of December 11, 1997.) This matter was included in discussion of Ordinance No. 848. See verbatim transcript above. X. NEW BUSINESS A. CONSIDERATION OF A REQUEST BY KEMPER SPORTS MANAGEMENT FOR CITY PARTICIPATION ON A DISCOVERY CHANNEL SPECIAL "THE MAKING OF A GOLF COURSE". Ms. Piper Close, Kemper Sports Management, stated that the City had presented with an opportunity via golf course architect Dr. Michael Hurdzen to participate in a televised documentary scheduled to air on The Discovery Channel for a program series entitled "World Business 2000". She said this particular program would be "The Making of a Golf Course". The program would go into production in the next few weeks and was scheduled to air in February. Along with the televised program, as a sponsor the City would receive a four - minute master tape of the televised City segment. It would also receive a seven -minute master copy of a corporate/marketing type video that would involve all of the participants, the city's viewpoint of what it through, and the process it went through to create the golf course. The City would also receive a VHS copy of the entire program. She said the production value alone was worth a significant amount of money, and what the production company was looking for from the City to participate was $9,800. Mayor Benson asked who else would be providing financing for this. Ms. Close responded that Hurdzen-Fry Golf Course Designers was involved in the financing as well as Mainiero- Smith. She said still under consideration would be Golf Dimensions and Park West, two other main participants in creating the golf course. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Kelly, Ms. Close responded that the production company was looking for a total of five sponsors at $9,800 each. Councilman Kelly asked if the amount of the City's sponsorship would be contingent upon the production company getting all five sponsors. Ms. Close responded that because several of the proposed sponsors had not yet indicated whether they would be sponsors, the production company had gone through a few steps as preventive measures to get a few other sponsors that would be one -minute television commercial -type sponsors, people who sell grass seed, things of that nature. She said if the City participates in this capacity, the entire show would focus on Desert Willow. If the City chooses not to participate, the show would be broken up between other golf courses that Hurdsen-Fry has been involved in. Desert Willow would still be shown, but the whole show would not be focused on Desert Willow. Councilman Spiegel asked how many times it would be shown on The Discovery Channel. Ms. Close responded that it was scheduled once for The Discovery Channel. She said she did not know how many times, because of the cable network, the options are for them to rerun things like that. She noted that after their contract is completed with The Discovery Channel, they will then try to sell it to other cable stations as well as network. Councilman Ferguson asked how long the show would be, and Ms. Close responded that it was a 30-minute show. Councilman Ferguson stated that the City could get its golf course featured for 30 minutes on a national cable station for $9,800. Ms. Close responded that this was correct and that the City would also have all the master footage to be able to use internally in whatever way it chooses. Councilman Crites moved to, by Minute Motion, approve the request for the City's sponsorship in the amount of $9,800.00. Councilman Spiegel asked whether this matter had gone before the Golf Course Committee. Ms. Close responded that it had gone to both the Golf Course Committee and the Promotion Committee, and both had approved of the sponsorship. She added that the Promotion Committee saw this as another bit of momentum for the City in addition to the Smithsonian Magazine, the segment in the "Great Sports Destinations" show, and the "Going Low" show. Councilman Ferguson seconded the motion. The motion carried by a 4-1 vote, with Mayor Benson voting NO. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 *************************.****************************** B. REQUEST FOR CONSIDERATION OF PIGEON MITIGATION. Mr. Folkers noted the report in the packets. He stated that the second paragraph indicated that Code Compliance staff had been trying to discourage one or more citizens who are feeding pigeons. He said staff had done a great job and that an elderly gentleman who was feeding them has stopped doing so across the street and at the corner of Fred Waring and Portola. He said as the report indicates, there are no natural predators. Because of the people feeding the pigeons and the natural food in the form of date seeds, there have been problems with these birds. He noted the northwest corner of Portola and Fred Waring was a problem area, with the birds sitting on the wires and dropping down the seeds which then become a health hazard as well as a trip and fall hazard He said the City crews were now going out every Monday and cleaning this area up. He said there were several things staff would like to see happen: Increase maintenance by Public Works crews Pigeons with less feed or fed in a different area of the City would have a tendency to move out and not cause problems. Mr. Folkers stated that in talking with professional pest control personnel, they indicated that the use of a product called Arbitrol which causes the pigeons to have a sour stomach and to move to an area that has better feed. He said this would cost from $2500 to $4500. He said if this was not effective and the pigeons cannot be moved out of the central area of the City, an alternative would be to do live trapping, which would be more expensive; however, staff had not considered going with that alternative. Mr. Folkers said staff's recommendation was to: 1) Public Works maintenance crews do cleanup as necessary; 2) continue to be vigilant on people feeding the pigeons in the areas that cause problems for the City; 3) proceed to put out some of the Arbitrol to see if the pigeons can be moved out of this area. Councilman Spiegel moved to, by Minute Motion, approve the recommendation as presented by staff at the meeting. Councilman Crites stated that his time spent working with the Bureau of Land Management (BLM) had made him aware that everything that lives, right or wrong, has someone who will be happy to defend it. He expressed concern for the potential for a less than pleasant public relations issue in this matter. He said he would like to in some way be involved in trying to make sure the City comes out of this with as little negative publicity as possible. Mr. Folkers stated that staff intended to work with California Fish & Game and the U.S. Fish and Wildlife Service. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated he had just seen information from the BLM relative to the return of peregrine falcons which apparently were predators of the pigeons. Mr. Folkers stated that staff had been advised that there are so many doves in the area, and they were a delicacy compared with the pigeons. He added that he would really like to see the various falcons and other predator birds around the city help control this problem. Mayor Benson agreed with Councilman Crites and said she did not like the philosophy of trapping and disposing of the pigeons and did not want to see the City having any bad publicity because of this issue. Councilman Ferguson asked whether by voting on this motion the Council was approving PCM and its approach of chemically sterilizing pigeons and scaring them. Mr. Folkers responded that staff was proposing the use of Arbitrol to force the pigeons to leave the area, and this would be in the price range of $2,500 to $4,500. He said the idea was not to trap them at this point in time but to discourage them from being in the central area of Palm Desert. Councilman Ferguson stated that according to staffs report, it said "Suppression is not a substitute for environmental sanitation. The birds must be exterminated, not merely taken away and released. They have strong homing instincts and will probably return." Mr. Folkers stated that the data attached to the staff report was strictly for Council's information. Councilman Ferguson asked for clarification of recommendation #3 relative to retaining a firm specializing in the removal of pigeons. Mr. Folkers responded that basically staff was going to go with a company that has experience. He said rather than trapping the pigeons, the company would try to go with a program where the pigeons would be discouraged from being in this area of the City by the food source being soured. He added that the intent was not to poison pigeons. Councilman Ferguson asked, just so it was unambiguously clear, "We are not going to kill pigeons, are we?" Mr. Folkers responded, "No." Councilman Crites seconded the motion, noting that it does not involve anything lethal to the pigeons. Motion carried by unanimous vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REQUEST FOR CONSIDERATION OF LETTER FROM LEAGUE OF CALIFORNIA CITIES REQUESTING SUPPORT FOR PROPOSED DUES INCREASE TO SUPPORT EXPANDED WORK PROGRAM. Mr. Diaz noted the letter in the packets from the League of California Cities and stated that staff recommended approval of the request. Councilman Crites moved to, by Minute Motion, approve the request and authorize payment of increased dues. Motion was seconded by Ferguson and carried by unanimous vote. D. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Monterey Avenue Mr. Folkers stated that the interchanges were moving along quite well. He stated that the City had been approached by CVAG relative to a task force involving planning directors and public works directors to work on the corridor beautification program along Interstate 10. He said several of the cities had not had as much interest or enthusiasm in doing this as has Palm Desert. He said there was approximately $40,000 available for the agencies that want to proceed to get designs done. He noted that in talking with County staff, they would like to cooperate and do something with the interchanges of Monterey, Cook, and Washington to get designs done and then as development takes place and/or agency moneys are available, plans could be implemented. He said staff would like to, with Council concurrence, proceed to get things ready and bring back a package to the Council that goes into more detail. He added that staffs intention was to have an in-house task force composed of the Director of Community Affairs, Community Arts Manager, City Manager, Redevelopment Agency Executive Director, and other urri�r.:ate people to look at the various aspects of this so that when we go into it, future funding considerations would also be looked at as well as basic design so that it is something the City is happy with. He added that CVAG was very concerned about the money being utilized rapidly. Councilman Kelly stated it was his understanding that some time ago, the Council had approved putting color on the lizards on Cook Street but that it had not yet been done. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Folkers responded that there had been a request that the lizards not be colored; however, that issue had been resolved and staff would be proceeding to do so. 2. Review of Business Support Center Work Program (Continued from the meeting of December 11, 1997). Business Support Manager Ruth Ann Moore stated that per Council's request at its meeting of December 11, 1997, the Business Support Center Work Program was taken to the Economic Development Advisory Committee for review. The Committee unanimously approved the Business Support Center Work Program as written. She asked whether Council had any questions or suggestions for the program at this time. Councilman Ferguson stated that the program had a lot of praise from him. He said he had gone through it very carefully, and as mentioned by Councilman Spiegel at the last meeting, staffs diligence and thoroughness was very impressive. He said he liked the scope of what was being done. Mayor Benson added that Ms. Moore had been asked to make a presentation at the upcoming Mayors' Breakfast. Councilman Spiegel moved to, by Minute Motion, approve the Business Support Center Work Program. Motion was seconded by Ferguson and carried by unanimous vote. 3. Progress Report on Utility Deregulation Mr. Wohlmuth stated that at its meeting of December 19, 1997, the Cove Services Commission discussed the report from Henwood Energy and made suggestions to the final report. He said an issue that was looked at was taking some of the Cove Commission load out to bid, either in the form of energy service provider or aggregation. Henwood Energy presented a proposal in the amount of between $15,000 and $25,000. The Commission asked Henwood to narrow that, come up with some ideas as far as what the $15,000 and $25,000 proposals would be for, including who should be included (i.e., should it be small businesses, residential, other government entities), etc. He said Henwood was preparing an RFP for the Cove Services Commission for presentation on January 21, 1998, at the regularly scheduled meeting to answer those questions. He said in the meantime, in late December, the Public Utilities Commission delayed the opening of the competitive market to approximately March 31, 1998. He added that it was Henwood's feeling that it would be March 31, 1998, before the competitive market opens; in the meantime, Southern California Edison customers would continue to get the 10% rate 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * rollback. Until that date, local customers, small businesses, and residents could look at the options and after March 31st select their energy supplier. He added that staff would have more information for the Council after the Cove Commission considers the RFP and looks at Henwood's proposal. Councilman Crites asked whether there was anyone from the Council who was going to San Francisco to the League of California Cities Conference on Energy. Councilman Ferguson responded that he and Mr. Wohlmuth were going to attend. Councilman Crites stated that he might also wish to go for CVAG purposes as Chairman of Energy & Environment. He stated he also had a comment to his two colleagues who are members of the Cove Commission. He said this was beginning to feel a little bit like the people who used to come back to the Council every few months for the People Mover and get another $15,000 or $20,000 to go do something else. He said the only people who were moved were their salaries, and Henwood was beginning to remind him of that same issue. He said he was sure his colleagues would be diligent in trying to fmd out what will be provided by this company. He added that from what he read in the report, it confirms Council's initial suspicions that the amount of money out there to be saved is above the 10%. Councilman Kelly stated that what the decision was based on is for $15,000 we can put out an RFP and then the companies out there can all submit proposals for the Commission to make a decision as to whether or not to do something. Councilman Ferguson noted that minutes of the Cove Commission would show that representatives from Palm Desert were rather skeptical about government getting involved in the energy market. XI. CONTINUED BUSINESS A. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE TO REGULATE TATTOO ESTABLISHMENTS AS BUSINESSES. (Continued from the meeting of December 11, 1997) Mr. Erwin asked that this matter be continued to the next meeting and stated he would have a regulatory ordinance. Councilman Kelly moved to continue this matter to the meeting of January 22, 1998. Motion was seconded by Spiegel and carried by unanimous vote. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF APPEAL OF ARCHITECTURAL REVIEW COMMISSION DECISION DENYING ILLUMINATION OF BUSINESS IDENTIFICATION SIGNAGE AT 74-105 EL PASEO, Plastiline West for Wells Fargo Bank, Applicant, Case No. 4915SA. (Continued from the meeting of December 11, 1997.) Mr. Drell noted that illumination was not denied but rather internal illumination of a portion of the sign was denied. He said the Architectural Review Commission would consider other forms of illumination of that portion of the sign. MR. WARREN DEGREE addressed the Council as a representative of Wells Fargo Bank. He noted that two years ago Wells Fargo acquired First Interstate Bank. In conjunction with that acquisition, the corporate logo and trademark were redesigned, and this is what was taken to the Architectural Review Commission for approval. He noted that signs had been changed in approximately 4,500 branches in 16 different states, with California being the last state to be done. He added that Wells Fargo Bank had applied for protection as a Federal trademark. He noted that Wells Fargo Bank felt it was being asked to modify its trademark, and the red on the sign was the portion that stood out and grabbed customers' attention. He noted that this was an effort to stay up with other banks in the area and stay marketable with them. Councilman Crites asked whether the assumption was that it was the red on the sign that brought the customers to Wells Fargo Bank, and Mr. Degree agreed. Councilman Spiegel stated that it was not a question of illumination of the red. He said the red would be there but that it was a question of how the red would be illuminated. Mr. Degree stated that if illumination of the red was eliminated and was opaque, it was not going to show because the sign is internally illuminated. What would show is the yellow letters and the stagecoach, with no red showing. Councilman Ferguson asked why exterior illumination would not give them the red color they desired for their customers. Mr. Degree responded that they could do so. He noted that his understanding of the way it was presented by the Architectural Review Commission was that the red could not be illuminated at all. Mr. Drell stated that the Commission denied internal illumination of the red as presented. He added that the applicant could request external illumination. He stated that his indication from the Commission was that it would be receptive to external illumination. Councilman Ferguson stated that the Minutes reflected that the Commission indicated the applicant was free to light it externally but could not illuminate red internally. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Benson stated she felt the stagecoach, rather than the red, was synonymous with Wells Fargo Bank, and she did not think the red was what brought the customers to that bank. Councilman Crites asked whether the City Attorney was comfortable with staff' s recommendation, and Mr. Erwin responded that he was. Councilman Crites moved to, by Minute Motion, approve new signs A, B, C and D, with the condition that the red and black can backgrounds be opaque and only the "Wells Fargo" text and logo be illuminated. Motion was seconded by Spiegel and carried by unanimous vote of the Council. C. REQUEST FOR REVIEW OF WELL SITE ON THE NORTH SIDE OF HAYSTACK ROAD WEST OF PORTOLA. (Continued from the meeting of December 11, 1997.) Mr. Drell noted the memorandum from Lowe Reserve, which he reviewed, noting that basically the proposal as submitted by Lowe Reserve would be to underground both of the boxes. He stated that they had a proposal from their acoustical engineer to reroute the duct work toward the channel, and this would reduce the sound level to 35 decibels. Councilman Spiegel asked if it could be heard on the other side of Haystack. Mr. Drell responded that the report did not include what the ambient noise level would be at 10:00 p.m., and he could not state conclusively that it would be heard. He said staff had requested that the acoustical engineer determine what the night time ambient level. Councilman Spiegel stated that baffles were on it right now. Mr. Drell responded that this was temporary. Councilman Spiegel stated he had spoken with one of the residents by telephone, and she indicated that it couldn't really be heard now, although she was still concerned with the way it looked. Councilman Ferguson stated that she could hear it during the evening. Mr. Drell stated that it was his understanding that the permanent mitigation would be significantly better than the temporary mitigation. He reiterated that in order to say with any certainty that it would not be heard at night, staff would need to know what the ambient level is at night, and that information is not known at this time. Councilman Spiegel asked Mr. Lennon if it would be appropriate to do all the mitigation measures and if there is still a problem and there are still complaints from the neighbors, he would still have to solve it. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson stated that his hunch was that the neighbors had seen what was done provisionally and did not like it, under the assumption that that was the way it was going to be. He said as he read the report, intermediary remediation measures had been implemented; however, what will finally be done, what the final noise level will be, and what the final aesthetics are will not be known until they are actually done. MR. VIRO, a resident across the street from this site, asked if the boxes would be put underground and if anything would be showing above the ground like there is now. He also asked where they would be put under the ground. Mr. Drell stated that while both boxes would be undergrounded, Mr. Lennon could better answer what would be showing above the ground. Mr. Lennon stated that the boxes would be undergrounded where they are now. Upon question by Mr. Viro relative to how long it would be before the boxes are undergrounded, Mr. Lennon responded that his staff had advised him that with the City's input and approval of the design and with input from Southern California Edison, it would be roughly two months from start to completion, with the work to take place only during an approximate two -week time period. He said he had a new job superintendent who had just today talked Edison into allowing the boxes to go underground. He promised to do a first-class job and to also come back and landscape it. He noted that it would probably start in four to five weeks and just needed City approvals of the engineering and Edison to sign off. He also promised to do the work as quickly as possible. Mayor Benson asked the transformers could be turned off at night. She said she felt the day noise was acceptable; however, the night noise was not. She added that she felt these residents had suffered long enough and were being asked to put up with too much. She also expressed concern that this was something that belonged in Indian Wells, and Haystack and Palm Desert residents were being impacted to accommodate a project that is in Indian Wells. She said she felt it should be moved. Mr. Lennon stated that he did not think residents could hear the noise inside their homes although they may be able to hear it on their porches. He said he had been across the street in front of the residents' homes at night to listen and could not hear the it. He said the residents could not hear it at night if their windows and doors are shut. Councilman Spiegel noted that the City had approved having the well site at that location. Mayor Benson responded that the City did not approve what is there. She said she felt it did not have to be in Palm Desert in front of residents' homes and that it was an eyesore and 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * devaluated the property values. She said she did not feel giving the developer two more months to do something was solving the problems for Palm Desert's residents. • Mayor Benson moved to, by Minute Motion, direct that the well site be moved. Upon question by Councilman Crites relative to whether the Coachella Valley Water District (CVWD) has authority over where water wells are put, Mr. Diaz responded that it had all the authority over well locations. Mayor Benson stated she felt this couldn't be the only place to get water for a project that is going to be back up in Indian Wells. Mayor Benson amended her motion to direct Mr. Lennon to work with CVWD to relocate the well site. Motion was seconded by Kelly. Councilman Spiegel stated he agreed the drilling had gone on forever, was an imposition, went on for several years, and that residents were good to go along with it. He said while he did not disagree it should be in Indian Wells, it is in Palm Desert. He added that he would like to give the developer the opportunity to correct the problem, put the boxes under ground so they are not visible, and male sure that the noise level is such that it doesn't bother anyone. Mr. Viro suggested that it be moved to the park and away from the residences. He said there would still be people working on this equipment all the time. Councilman Ferguson agreed with Councilman Spiegel. He said he knows the irritation at having a project benefitting Indian Wells, with Palm Desert getting all of the burdens associated with it. However, that decision has been made, and he felt it would be cost prohibitive to rip it up now. He said he would like to give the developer the chance to bury it and to mitigate it. He said he did not like the fact that it will take two months, but his understanding from what Mr. Lennon stated is that four weeks of that two months is the City permitting process. He said he could not help but believe that a reputable corporation like Lowe and two fine residents of the City can't get together and come up with a way to mitigate the dishevelment created during that two -month period. He said if at the end of that two months it looks terrible, then they have had their chance, and the Council can have this conversation. MS. TESSA GOSS stated that when Mr. Lennon got permission to place the well site at this location, he promised the residents it would be totally undetectable, and it is not. She said there were six to eight beautiful, mature smoke trees which had been removed. She submitted drawings of what the area looks like from her living room window. She said the 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * noise at night was detectable, although it was not as detectable during the day because of the traffic on Haystack and air traffic. She stated that if the boxes are going to be buried, as suggested at the last meeting, the switch gear box is almost seven feet high and will require a huge hole plus steps going down and a wall around it. She noted that the pathway is used all the time by residents who exercise, walk their dogs, etc. She added that she felt the developer misrepresented the Council and the residents. Mayor Benson called for a vote on the motion. The motion was DEFEATED by a 2-3 vote, with Councilmembers Crites, Ferguson and Spiegel voting NO. Councilman Spiegel moved to, by Minute Motion, approve what the developer has recommended, with staff and two representatives of the Council to be responsible for reviewing the completed project and bringing it back to Council for review. Mayor Benson expressed concern with the two months and stated that if City staff is working with the developer, it will not take that long to accomplish. Councilman Ferguson suggested that the two Councilmembers work with staff to streamline the permitting process. Councilman Crites asked Councilman Spiegel to modify his motion. He said he agreed with his colleagues who voted in the minority in terms of the issues about the project. He said he felt the motion should note that the developer is doing this with the proviso that it ends up solving the noise and view problems, day or night. If it does not solve these problems, then burying it has not ended the issue. He expressed concern that if the Council says yes to this and then it does not solve the problem, then Mr. Lennon has every reason in the world to say the City gave him permission to do this, he did it, and the issue is over. Councilman Spiegel agreed to amend his motion as stated by Councilman Crites, with direction to staff to work with the developer to expedite the process. Motion was seconded by Crites. Mr. Diaz stated that staff would make sure everyone expedites the process. Upon question by Councilman Spiegel, he responded that staff would come back with a timetable. Councilman Crites stated that with regard to working with CVWD, he was curious what the City's rights are in terms of requesting relocation and whether the Water District can tell the City to take our well and enjoy it. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz responded that while staff may not ask the Water District what the City's rights are, staff will obtain that information. Mayor Benson called for the vote. The motion carried by a 3-2 vote, with Mayor Benson and Councilman Kelly voting NO. D. REQUEST FOR CONSIDERATION OF ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE PALM DESERT MUNICIPAL CODE. (Continued from the meeting of December 11, 1997) Mr. Erwin noted the memorandum from the City Clerk dated January 8, 1998, with an additional ordinance, No. 868, relative to establishment of an appeals hearing board. He noted that the Council had three ordinances and one resolution for consideration at this time. Councilman Crites moved to: 1) Waive further reading and pass Ordinance No. 864 to second reading, adding Chapter 8.80 to the Palm Desert Municipal Code regarding administrative remedies for Municipal Code violations; 2) waive further reading and pass Ordinance No. 865 to second reading, adding Chapter 8.81 to the Palm Desert Municipal Code regarding administrative citations for Municipal Code violations; 3) waive further reading and pass Ordinance No. 868 to second reading, adding Section 8.80.025, establishing an appeals hearing board to the Palm Desert Municipal Code regarding administrative remedies for municipal code violations; and 4) waive further reading and adopt Resolution No. 98-6 setting forth the administrative citation schedule of fines for certain violations for the Palm Desert Municipal Code. Motion was seconded by Ferguson and carried by unanimous vote. XII, OLD BUSINESS A. REQUEST FOR CONSIDERATION OF NORTH FRANK SINATRA SCHOOL DISTRICT BOUNDARY CHANGES. Mr. Diaz noted the report in the packet along with staffs recommendation and a resolution. Councilman Spiegel stated that as he understood the staff report, if this is approved it will then go to the school boards for their approval. Mr. Diaz stated that this was correct and that staff would send the resolution to the two school boards with a request that they proceed with the boundary changes. Councilman Kelly asked what would happen if the two school boards do not approve, and he said he did not think they would do so. Upon question by Mayor Benson, Mr. Diaz stated that staff did not have any other suggestions unless the Council wished to go to the rt ur:,.lf owners and ask them to request 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the boundary changes, which staff would not recommend doing. He said another option would be to create another school district, and he said he would recommend that the Council look at that option as opposed to having to get the cooperation of the two districts, Palm Springs Unified and Desert Sands Unified. Councilman Ferguson stated he agreed with Councilman Kelly. Councilman Crites asked why staff was against having the homeowners request the boundary changes. Mr. Diaz stated he would not recommend the City getting involved in clandestine operations in having the property owners request the change in boundaries. However, he did feel Palm Desert should look at having its own school district. Councilman Crites stated that instead of having clandestine operations, what if the Council would say right here and now that it encourages the homeowners out there to request the boundary change. He said he did not hear anything of substance about why we ought not be positive if they so choose to do that. Mr. Diaz stated he had no problem with sending letters to property owners encouraging them to apply for the boundary change; however, if they do not wish to do so, that is fine, too. Councilman Crites stated that he assumed, correctly or not, that property owners and residents in that area would wish to be in the school system that serves the rest of the City. If the City goes out and asks residents to so petition and they say they don't want to be in that district and would rather remain in the Palm Springs District, then that would answer his question. However, if they choose to ask for that change, he said he saw nothing in the report that says why we should not be supportive and why that's not a legitimate way to accomplish this purpose. Mr. Diaz stated that in the past the City has been supportive when they have asked for those changes. In this situation, the City is telling them to go do something that they have a right to do. He said any r.,,r;,.ty owner there now has the right to go and petition for a boundary change; however, he said staff would send letters to them and ask them to do so. Councilman Spiegel stated that his understanding was that there are not a lot of property owners in that area at this point but that there are a lot of developers. Councilman Ferguson stated that he and Mayor Benson had spent about two months last fall talking to innumerable residents who were shocked that the City had no control over the school system. He said there was no shortage of complaints about how they were being run. He said whether the City sends a resolution to the school districts, or whether it encourages r... ,;..1 j owners, that we ought to dual track it and proceed full speed ahead in forming our 28 UNUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * own district. It might get someone's attention. He said the worst thing that could happen is that the City gets control over its schools. Mr. Diaz stated from a staff standpoint he would recommend that we go ahead and establish our own school district rather than telling people that they have the right to do what they have a right to do. Councilman Crites stated that while he understood the point of view of Mr. Diaz and while having certain sympathy for what Councilman Ferguson stated, he suspected in the long run it would be easier to change the boundaries of the existing districts than to form a new district. He suggested that if the City pursues forming its own district, it also pursue getting jJl �J1J\dly owners and residents to at least be aware of their abilities and to be a friendly, local city government in any changes that they might wish to make to existing boundaries. Councilman Spiegel stated he agreed but also felt the City should also let the school boards know if its intentions. He said at this point, the discussions had primarily been held with the superintendents of each of the districts and maybe one board member rather than the total boards. Mr. Diaz stated that what he was hearing from Council was that it wanted staff to send letters to property owners who live in the district in question. Councilman Kelly stated that all staff needs to do is notify the people that the City wants to have its own district, that they are now in the Palm Springs School District, inform them of what is going on, and let them know what their options are. Mr. Diaz stated that he would draft a letter for Council to look at that would indicate we are looking at a situation where one school district would be operating in the City. Among the options are for those property owners, who are now in the Palm Springs Unified School District, to switch to the Desert Sands Unified School District, which has the greater part of the City. The letter would also indicate that we are looking at the establishment of a new school district. Councilman Spiegel stated that Councilmembers in both Rancho Mirage and Indian Wells had indicated an interest in becoming part of that new school district. Councilman Ferguson stated he had a hunch that if a letter was sent to all our residents indicating that the City was considering forming Palm Desert Unified School District, staff would be overwhelmed by the response it would get. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel stated that the only problem we will have is that this is where the money comes from for the school district. Councilman Ferguson moved to, by Minute Motion, explore formation of Palm Desert Unified School District and report back to the Council, concurrently with a letter to residents informing them of the current situation and possible solutions to it, soliciting their feedback. Motion died for lack of a second. Councilman Spiegel moved to, by Minute Motion, direct the City Manager to send letters to the Palm Springs Unified School District and Desert Sands Unified School District Boards letting them know of the City's concerns and giving them a week to reply, with direction to staff to place this item on the next City Council Agenda for report. Motion was seconded by Crites and carried by unanimous vote. B. REQTTEST FOR APPROVAL , OF 24TH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING YEAR RECOMMENDATIONS. Mr. Diaz noted the staff report and recommendation in the packets. Management Analyst Ray Janes reviewed the staff report, noting that a revised report had been distributed earlier in the day changing the amounts for two agencies (Foundation for the Retarded -- from $75,000 to $50,000; Home Improvement Program -- from $45,000 to $70,000). He stated that these changes were the result of the Charitable Contributions Committee meeting of January 6, 1998. Mayor Benson noted that the change was because the Foundation was going to use the $75,000 toward the purchase of another embroidery machine, not the cost of it. She said the Committee decided to give them $50,000 toward the cost of the machinery and add another $25,000 to the Home Improvement Program. Mr. Diaz stated that at that meeting the Charitable Contributions Committee instructed staff to look into establishing an endowment fund for the Home Improvement Program. The fund for that would be from the savings that we would be securing as a result of taking over the Riverside County Housing Authority's bonds. He said staff would come back to the Council regarding this matter. Councilman Spiegel moved to, by Minute Motion, approve the recommendations from the Charitable Contribution Committee for the 24th Community Development Block Grant (CDBG) funding year. Councilman Kelly stated that while he felt the Foundation does an outstanding job, the clients come from all over the Valley. He said in his experience with Sunline transporting them, the major portion of clients come from Palm Springs. He said he would not normally be in favor of changing the amounts of the funding but would agree to this because of the 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * realization that others should be assisting also. He said he just wanted to make sure everyone was aware of this. Councilman Spiegel stated that this had been brought up at the meeting. He said there would be a final report that would indicate how many people from other cities participate in the Foundation and what financial support those cities give to the Foundation. Mr. Janes responded that this report would be coming to the Council. Councilman Ferguson seconded the motion. Motion carried by unanimous vote of the Council. C. PRELIMINARY REPORT AND RECOMMENDATION RELATIVE TO THE ORGANIZATION OF A VETERANS' DAY CELEBRATION. Mr. Diaz noted the report in the packets. Councilman Spiegel moved to, by Minute Motion, direct staff to continue to explore the organization and production of an event to be held in the Palm Desert Civic Center Park to commemorate Veterans' Day to honor those individuals who served their country to preserve the ideals upon which it was founded. Motion was seconded by Ferguson and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER Risk Manager Ken Weller reported that in 1995 the dispatch center at the Sheriff's Station became fully operational, although it was not operating 24 hours per day because of staffing problems. He said that since the election, the focus has been on the 911 Center, and it appeared that the Sheriff's Department has now been able to find 17 dispatch operators who have passed the background check and are now ready to go the post -certification process. Barring any problems in that post -certification process, he said that by July of 1998 we will have a dispatch center operational 24 hours per day. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY ATTORNEY 1) Report of Action on Items from Closed Session Made at This Meeting. 2) Request for Closed Session Mr. Erwin noted the item listed on the Agenda Addendum for Closed Session as follows: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632 Mr. Erwin asked that the Council add two items to Closed Session which came up after the Agenda was posted: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): Moritz v. City of Palm Desert, Small Claims Case No. INS062159 Conference with Legal Counsel regarding consideration of the filing of litigation pursuant to Government Code Section 54956.9(c). Mr. Erwin noted that he had received earlier in the day a contract from the National Date Festival for the City's associate sponsorship. He said the Council had previously approved the $20,000 fund, and this was a contract the Festival was proposing and asking the Council's approval and execution. He recommended that the Council consider approving the contract subject to the City Attorney's review. He said he believed it was the same as previous years but that he would like an opportunity to review it. Councilman Spiegel moved to add all three items to the Agenda as described by Mr. Erwin. Motion was seconded by Ferguson and carried by unanimous vote. Councilman Crites moved to, by Minute Motion, approve the contract from the National Date Festival, subject to review by the City Attorney. Motion was seconded by Kelly and carried by unanimous vote. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin stated that one additional item that he had discussed with the City Clerk was a potential study session with the City Council to discuss some of the additional items that Palm Desert has the opportunity to participate in as a Charter City. He asked that the Council consider. setting a date at its convenience. Councilman Crites suggested that the Council set such a date during the 7:00 p.m. portion of this meeting. Council concurred. Mr. Diaz reported that the Marriott Corporation was looking at acquiring land between Frank Sinatra/Gerald Ford/Monterey Avenue to have vacation ownership development and would like to make a presentation to the City Council on January 22nd relative to the proposals and design of the plans. He said there were questions with regard to the City's current ordinances. Mayor Benson asked if this would be prior to the 4:00 p.m .session, and Mr. Diaz asked that it be set for 3:00 or 3:30 p.m. Mrs. Gilligan noted that if this was for a Study Session, it could just be scheduled and Council would not have to adjourn its meeting to that time. C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Desert Rose Society Councilman Spiegel stated that this Saturday the Desert Rose Society was scheduled to have a rose pruning demonstration in the City's park and would be pruning the roses for the upcoming season. He said the City inadvertently did not contribute funds last year and that these funds are used for awards and prizes for their fall road show and for purchasing equipment. He asked that the Council add to this Agenda consideration of contributing $1,000 and requesting that staff develop a contract with the Desert Rose Society wherein the City will contribute $1,000 every year. He also noted that the Desert Sun would be at the demonstration on Saturday and would be doing a major section on the roses the following week, highlighting the City's Rose Garden. He also noted that the Rose Society was trying to develop a two-day show this fall, working in 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * conjunction with one of the local hotels where people would stay over and we could have more participation from out of town. Councilman Spiegel moved to add this item to the Agenda for consideration. Motion was seconded by Crites and carried by unanimous vote. Councilman Kelly moved to approve the request for contribution to the Desert Rose Society as presented by Councilman Spiegel. Motion was seconded by Crites and carried by unanimous vote. o City Council Committee Reports: 1. Councilman Kelly stated that he had reported before relative to the reorganization of RCTC and the disagreement with the funding. He noted that at the last RCTC meeting, cities in our area were successful in being included in the STIP funding program. He said at the time, because of all of the problems with that, these cities said they no longer want to look at reorganization but would rather be a separate division. He noted that western Riverside County cities sent four representatives to meet with four representatives from our area to convince them that we ought not to be going it alone and should continue on with all cities having representation as it has been in the past. He said his position was that "you solve our concerns and we will consider that". He said the concerns were that our cities get fair equity of funds for the STIP program and other programs. After considerable discussion, those representatives who were here agreed to put into the legislation a stipulation that all funds that come to RCTC, using the same formula as they come in, would then be distributed to the three regions (Palo Verde, CVAG, and Western Riverside County). He said he and the other representatives agreed they would take this back to their respective cities. He added that in the meantime, in western Riverside County, some of the city managers had become very disturbed and claimed that we are now taking a lot of their money and how much this will cost Riverside County instead of considering what is fair to all the cities. Councilman Crites stated he had run into a member of CVAG staff earlier today who said the entire Valley needs to be very grateful to the efforts of Councilman Kelly, not just for diligence but for the effectiveness of making sure that millions of dollars have come back to our County. He said he wanted to pass along, in a public sense, that Councilman Kelly's efforts do not go unnoticed. 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to adjourn the meeting at 6:10 p.m. for dinner and Closed Session. Motion was seconded by Kelly and carried by unanimous vote. Mayor Benson reconvened the meeting at 7:00 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS On behalf of the entire City Council, Mayor Benson presented a Resolution of Commendation to Pastor David T. Moore of Southwest Community Church. She commended him for all of the good work he has done for the community and noted that several of the young people in the Building Horizons program had indicated to her that he had had a very positive impact on their lives. XVI. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR A ONE STORY 20-UNIT SENIOR ASSISTED LIVING COMPLEX ON PROPERTY LOCATED IN THE R-2 SENIOR OVERLAY ZONE AT THE SOUTHEAST CORNER OF SAN CARLOS AVENUE AND CATALINA WAY, Case No. DA 97-3 (Pacific Assisted Living, Inc., Applicant). Planning Manager Steve Smith reviewed the staff report. He noted that at this time last year a very similar development agreement was processed after Planning Commission review and approval of a precise plan for the development at San Carlos and Catalina. He stated that between the time that the application was filed and the time the final action was taken, the r.,,i,;..ty ownership had changed hands, and the name of the property owner in the development agreement had not kept up, hence Council's approval needed to be requested once again. He said the terms of the agreement remained unchanged and that what was changed was the ownership to Pacific Assisted Living, Inc. He said the Planning Commission reviewed this on December 2, 1997, and unanimously recommended approval. Mayor Benson declared the public hearing own and invited testimony in FAVOR of or OPPOSED to this request. MR. GARY COVILLE, General Construction Management, apologized for the confusion and stated that the owners remained Pacific Assisted Living, Inc. and that the project remained on schedule. He offered to answer any questions. With no further testimony offered, Mayor Benson declared the public hearing slustl. 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson moved to waive further reading and pass Ordinance No. 867 to second reading. Motion was seconded by Kelly and carried by unanimous vote. XVII. ADJOURNMENT MR. MURRAY MAGLOFF, resident of Palm Desert, stated he felt the desert look is being lost by allowing a lot of residential development. He suggested that the Council use its best efforts in being very selective as t o who comes to the desert with business. Said we have many stores that satisfy residents and citizens of Palm Desert, and we have many condos and other types of housing that satisfies people who want to live here. He added that in building more we lose the desert look, and he urged the Council to save that look. Councilman Crites moved to adjourn the meeting at 7:15 p.m. to 9:30 a.m. on Tuesday, January 13, 1998, for presentation by the City Attorney relative to Palm Desert being a Charter City. Motion was seconded by Spiegel and carried by unanimous vote of the Council. 1,1 SHEILA R. GTLLIGAN, CLERK CITY OF PALM DES , CALIFORNIA 1 aet""Jk,' pa-----14 M. BENSON, MAYOR 36