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HomeMy WebLinkAbout1998-03-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Benson convened the meeting at 4:05 p.m. H. 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 Gloria Darling, Human Resources Manager John Nagus, Community Arts Manager Teresa LaRocca, Housing Programs Coordinator David Yrigoyen, Redevelopment Manager Mary P. Gates, Deputy City Clerk III. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of March 12, 1998, and the Adjourned Joint City Council/Redevelopment Agency Meetings of March 9, March 12, and March 16, 1998. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 46, 47, and 47PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#358) by Leslie Joan Cohen in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#359) by Arturo Martinez in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. E. CLAIM AGAINST THE CITY (#360) by Patricia Byrnes in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. F. CLAIM AGAINST THE CITY (#361) by Carolyn Kay Steinke in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. G. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Humidor Holding Company, Randolph Baker Hanson, and Albert Daniel Piano for The Humidor, 73-405 El Paseo, Suite 31A, Palm Desert. Rec: Receive and file. H. RESOLUTION NO. 98-32 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (January 1998). Rec: Waive further reading and adopt. 2 1MIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. RESOLUTION NO. 98-33 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth Its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that have been Microfilmed (February 1998). Rec: Waive further reading and adopt. J. REQUEST FOR APPROVAL of Contracts for CVAG Conference Room Remodel. Removed for separate discussion under Section IV, Consent. Items Held Over, of the Agenda. Please see that section of the Minutes for Council discussion and action. K. REQUEST FOR APPROVAL of Final Tract Map No. 27520-4 (Bighorn Development, Applicant). Rec: Waive further reading and adopt Resolution No. 9834 approving Tract 27520-4. L. REQUEST FOR CONSIDERATION of Reprogramming of 1994/95 Community Development Block Grant and Change in This Year's Foundation for the Retarded Block Grant. M. Rec: By Minute Motion: 1) Approve the reprogramming of $4,871.25 (1994-95 Block Grant) into the Redevelopment Agency's Home Improvement Program for Fiscal Year 1998; 2) approve a change in this year's Foundation for the Retarded block grant of $75,000 from a Capital Improvement to a Capital (Fixed Equipment) Acquisition Project. REQUEST FOR APPROVAL of Notice of Completion for Haystack Drainage Channel Improvements (Contract No. C13410, G & M Construction, Applicant). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N. REQUEST FOR APPROVAL of Waiver of Business License Fees and Penalties for Ironwood Country Club. Removed for separate discussion under Section. IV, Consent Items Held Over, of the Agenda. Please see that section of the Minutes for Council discussion and action. O. REQUEST FOR CONSIDERATION of Tucson Development Entryway Artwork. Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that section of the Minutes for Council discussion and action. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REQUEST FOR APPROVAL, of City Sponsorship of 1998 Living For. Your 90s Senior Inspiration Award Program. Rec: By Minute Motion, appropriate $650.00 from the unobligated General Fund to allow the City of Palm Desert to participate as a sponsor in the 1998 Living For Your 90s Senior Inspiration Award program. Mr. Erwin asked that Item 0 be held for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Councilman Ferguson asked that Items J and N also be held for separate discussion. Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the City Council. IV. CONSENT ITEMS HELD OVER J. REQUEST FOR APPROVAL of Contracts for CVAG Conference Room Remodel. Mr. Diaz stated that staff would like this matter continued in order to have the initial committee composed of various members of the City and CVAG evaluate the entire scope of work for this project and bring back the entire issue, not just furnishings but the interior as well. He noted that at the present time only one Councilmember was on that committee, and he asked that staff appoint a second member. Councilman Kelly suggested that Councilman Ferguson be appointed to this committee inasmuch as his office is in the same building. Councilman Spiegel moved to: 1) Continue this matter until the committee can meet and bring back the entire issue as requested by Mr. Diaz; 2) appoint Councilman Ferguson as a member of the committee. Motion was seconded by Ferguson and carried by unanimous vote of the Council. N. REQUEST FOR APPROVAL of Waiver of Business License Fees and Penalties for Ironwood Country Club. Councilman Ferguson stated that the recommendation as listed on the Agenda indicated a request that business license fees and penalties be waived; however, the staff report looks as though the request is actually that the penalties be waived but not the business license fees, and Ironwood Country Club would still be responsible for paying all past business the license fees. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Drell stated that this was correct and that Ironwood Country Club would pay. the fees but not the penalties. Councilman Ferguson moved to, by Minute Motion, approve the waiver of penalties in the amount of $1,504.00. Motion was seconded by Spiegel and carried by unanimous vote. O. REQUEST FOR CONSIDERATION of Tucson Development Entryway Artwork. Mr. Erwin stated that this would be brought back to the Council at a later date. Councilman Spiegel moved to TABLE this matter. Motion was seconded by Ferguson and carried by unanimous vote of the Council. V. RESOLUTIONS None VI. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 870 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CREATING CHAPTER 5.87 OF THE PALM DESERT MUNICIPAL CODE REGARDING THE REGULATION OF MASSAGISTS AND MASSAGE ESTABLISHMENTS AND DELETING REFERENCES TO MASSAGE FROM CHAPTER 5.86. Mr. Diaz stated that there had been no changes since introduction of this ordinance, and he recommended its adoption. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 870. Motion was seconded by Kelly and carried by unanimous vote. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VH. NEW BUSINESS A. CONSIDERATION OF REQUEST FOR FUNDING FROM THE JAMES E. CARTER ELEMENTARY SCHOOL FOR ITS "ODYSSEY OF THE MIND" TEAM TO PARTICIPATE AT STATE FINALS ON MARCH 28, 1998. Councilman Crites asked whether Carter School receives a matching grant through its Parents' Club. Mr. Gibson stated that when the Charitable Contributions meetings were held, Carter School submitted a list of requests for capital improvements which the Committee felt were not an acceptable expenditure for this program. He said Carter School had been mislead by another school and advised that they should still submit that list, and the matter had been going back and forth ever since. He said as of last week, a new list had been submitted, and of the $6,000 currently allocated, $4,800 was already designated as being used, and there was a remaining $1,200 which could be used for this request. MS. SALLY MAXEY, Coach for the "Odyssey of the Mind" team, stated that Mr. Allan Levine would address the Council relative to this request. MR. ALLAN LEVIN, 76-768 Bishop Place, Palm Desert, noted the letter in the Council packets dated March 18, 1998, from the Principal of Carter School and the President of the Parent Teacher Organization. He stated that this was an international program for elementary, middle, and high schools to teach students to do problem solving as a team effort. Carter School had tryouts, and the students who were in the audience were part of the team which qualified to participate and compete in the State finals at U.C. Davis this weekend. He said the students had to compete as a team, and if everyone does not go, they will not be allowed to compete, as no substitutions were allowed. He added that this team's area of participation was in creativity, and the students had written, produced, and directed a play, including costumes and sets. A second portion of the competition was spontaneity, and this team defeated its competition. He noted that arrangements had been made with Assemblyman Jim Battin's office for the students to have a tour of the Capital. He said the request was for travel and transportation expenses as well as lodging, and these expenses were itemized in the letter. He said they were not aware that only $1,200 was available of the $6,000 matching grant. Councilman Spiegel asked where the students would go next if they were to win the State finals, and Mr. Levin responded that they would go on to the National competitions in Orlando, Florida, in May. Mr. Gibson stated that if the Council wished to get the funds to Carter School quickly, it would be helpful if the Council would approve the application for the grant for this year so that staff could process a prepaid check. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, approve the expenditure of $1,200.00 as part of the matching funds program. Motion was seconded by Ferguson and carried by unanimous vote of the Council. Councilman Crites advised Mr. Levin that should the students go on to the National competitions in Orlando, Florida, they could expect assistance from the City Council. Council concurred. B. REQUEST FOR APPROVAL OF ARTWORK FOR DESERT WILLOW CLUBHOUSE. Mr. Nagus reviewed the staff report, noting that this was for design development funds for the team that was selected by Council for the Desert Willow Clubhouse. He said the artists were asked to come up with a preliminary concept or idea; the winning team came up with a very specific proposal which was not necessarily the artwork which would be received. He said this would allow us to take the concept and to make it real but was also to allow for City guidance and for Art Committee and Council approval of the artwork that is developed for the Clubhouse. Upon question by Councilman Ferguson relative to the reason for the late supplemental staff report, Councilman Crites noted that the original staff report did not make it clear that what was presented from the proposal was not necessarily what would be presented to the Council in the final package. Councilman Spiegel moved to, by Minute Motion, approve the Art -In -Public -Places and Civic Arts Committee recommendations to commission the winning team to design and build the Desert Willow Clubhouse, as selected by the City Council, for design development of an artwork to be sited at the new Clubhouse in an amount not to exceed $10,000.00. Motion was seconded by Kelly and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF DESERT WILLOW SOUTH COURSE ARTWORK. Mr. Nagus reviewed the staff report, noting that the AIPP Subcommittee felt that because the fence on the North Course had been so well received, it was important to continue that artwork to the South Course. He said this was asking for approval of the request to commission Allen Root to do that. He noted the total cost was approximately $115,000 for the five view windows and that there would be a separate request coming from the Redevelopment Agency for the remaining $55,000. He said this was to approve the art monies that were set aside and to approve contract for the full amount. 7 HNUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Benson asked whether the price was the same for this fence as for the North Course. Mr. Nagus responded that in the North Course artwork, the design and development was included in the contract, and each view window was approximately $28,000. For the South Course, each of the view windows would be approximately $22,000 because all of the preliminary engineering had already been done. Councilman Spiegel moved to, by Minute Motion: 1) Allocate $60,000 in Art -In -Public -Places Funds earmarked for artwork for the Desert Willow South Course to continue the visual theme established with the North Course artworks; and 2) approve the commission of artist Allen Root to create five new view window sculptures for the South Course of the Desert Willow Golf Resort in an amount not to exceed $115,000. Motion was seconded by Ferguson and carried by unanimous vote. D. REQUEST FOR CONSIDERATION OF RESOLUTION OF INTENTION FOR SILVER SANDS PARK SITE SALE. Mr. Drell noted the reports in the packets noting that this involved the site at Portola Avenue and Silver Sands Way dedicated by the Silver Sands development for a park. He said discussion had been held with potential developers, and the Silver Sands Homeowners Association had indicated they would prefer to have residential development over a park. He said this was a process under State law for the potential abandonment of an undeveloped park site. He added that this resolution would set a public hearing for consideration of the abandonment of the park property. Councilman Spiegel stated that this was very close to the new soccer facility. Mr. Drell agreed and said the Silver Sands Homeowners Association felt the soccer facility would provide the recreational needs of its development. Councilman Spiegel asked whether a majority of the people who live there strongly felt they did not want a park and would prefer to use the soccer facility. Mr. Drell stated that they strongly felt they did not want a park. He said as part of the public hearing, staff would be notifying residents of Silver Sands and other residential projects in the vicinity as well as posting the site and noticing the hearing in the newspaper. Councilman Kelly moved to waive further reading and adopt Resolution No. 98-35 setting a public hearing as it relates to abandoning the park property at the southeast corner of Portola Avenue and Silver Sands Parkway (APN 624-282-001). Motion was seconded by Spiegel. Councilman Crites stated that when this matter comes to the Council as a public hearing, he felt it would be better received if the City was able to show people that there is a specific intent 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * for the monies realized from this project to purchase another park site further north where it is truly needed. Councilmen Kelly and Ferguson agreed with this friendly amendment. Motion carried by unanimous vote of the Council. E. REQUEST FOR APPROVAL OF CONTRACT FOR CUSTOMER SERVICE TRAINING (Contract No. C14280). Ms. Darling reviewed the staff report, noting the amended appropriation amount of $36,225.00 with a base contract amount of $31,500.00 and a 15% contingency of $4,725.00. She said the customer service training was designed to improve and enhance service delivery by all City staff, committee and commission members, City Council, and some contract services, including office staff at the Police Department and Library. Councilman Spiegel suggested that the Council, if it approves this contract, also include training for the Desert Willow staff who interact with people and that the City also offer the program to the YMCA and Parks & Recreation District because these employees also deal with a lot of Palm Desert residents. Upon question by Councilman Ferguson, Ms. Darling responded that there would be no additional cost for these additions as requested by Councilman Spiegel. Councilman Ferguson commended Councilman Spiegel for his suggestion to include these other groups and he said he felt it was important to let the citizens of Palm Desert know their Council was committed to providing them with first-rate service and that there is no distinction between being a Councilmember of staff member of Police Department member. Ms. Darling stated that if Council approves this request, she will work with Mr. Restivo of Oaktree Learning Systems, Inc. in the first few weeks of April to address those concerns. Councilman Kelly moved to, by Minute Motion: 1) Authorize the Mayor to enter into a contract with Oaktree Learning Systems, Incorporated to provide a comprehensive Customer Service Training Program for the City of Palm Desert; 2) appropriate $36,225.00 from the general fund unobligated reserve, $31,500.00 for the base contract and a 15% contingency in the amount of $4,725.00.00; 3) direct that this training also include Desert Willow staff who interact with the public and that it be offered to the YMCA and the Coachella Valley Recreation and Park District since a lot of residents walk into the offices of both of these organizations. Motion was seconded by Spiegel and carried by unanimous vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REQUEST FOR APPROVAL OF 25TH BIRTHDAY CELEBRATION BUDGET IN THE AMOUNT OF $50,000.00. Mrs. Gilligan reviewed the staff report, noting the new staff report and recommendation for a budget of $67,000.00. She stated that the Birthday Committee had held its first meeting and had broken into subcommittees. She said funding was needed prior to the end of this fiscal year for some items listed in the report, such as commemorative pins, and banners for El Paseo. She stated that as indicated in the memorandum, the Greater Fourth of July Fireworks Committee had resigned, and staff was recommending that the City of Palm Desert take over this event for just this year, and that would be $30,000.00 of the $67,000.00 requested. She noted that another event added was classical movies in the park. She said this had been discussed for the last two years with the Civic Arts Committee, and it had not been something that the Committee had been able to put together; however, Publicity Unlimited had located a company in Palm Springs that would actually produce the entire event. She said they would come out with the screen, the sound equipment, the movie, and everything else that would be needed for the evening. She said staff recommended as part of the Birthday celebration that eight classical movie events be held in the park on the off -Thursdays from the Summer Concerts. Upon question by Mayor Benson, Mrs. Gilligan responded that the hours had not yet been decided; however, the events would start with classical cartoons for the children, with the main movie to begin when it is dark, perhaps around 8:30 p.m. Councilman Spiegel added that there would be events going on in the park prior to the movies, possible put on by a radio station, where they give away things such as visors, etc., and the movies would start at dusk. Mayor Benson asked whether this would require additional police patrol during those evenings. Councilman Spiegel responded that the Committee was looking at using the Police Explorers as is done for the Summer Concerts. Councilman Ferguson moved to, by Minute Motion, approve the request in the amount of $67,000.00 and authorize the Director of Finance to appropriate said funds from the unobligated General Fund to Account No. 110-4416-414-3061. Motion was seconded by Kelly and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. INFORMATIONAL ITEMS: 1. Update on Interchanges: a. I-10/Washington Street b. I-10/Monterey Avenue Mr. Folkers stated that the Monterey interchange was approximately 99 % completed. He said traffic changes had been done on the Washington interchange at the intersection of Country Club and Washington which now allows for two northbound turns. He added that the piers had been poured and that things were moving along quite well. He noted that it looked like it would be sometime in May before it is ready to have traffic shifted. 2. Progress Report on Retail Center Vacancies Mr. Drell stated that in connection with the old El Paseo Lucky's Center, staff was getting closer and closer to being able to make an announcement about the occupancy of that space. He said in connection with that, staff had initiated discussions with the owner of the Center relative to remodel of the storefront for the new tenant and a program to remodel the entire Center and potentially add some more square footage on El Paseo. VIII. CONTINUED BUSINESS A. RESOLUTION NO. 98-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING FORECLOSURE ACTIONS AND APPROVING SPECIAL COUNSEL AGREEMENT. (Continued from the meetings of January 22, February 12, and February 26, 1998.) Councilman Ferguson moved to continue to the meeting of April 23, 1998. Motion was seconded by Spiegel and carried by unanimous vote. B. REQUEST FOR APPROVAL OF LEFT TURN PROHIBITION AT THE INTERSECTION OF HOVLEY LANE EAST AND KANSAS STREET (Continued from the Meetings of February 12 and March 12, 1998.) Mr. Folkers reviewed the staff report, noting that comments had been solicited from the Palm Desert Country Club Board of Directors and that staff had been dealing with Marilynn Hamlet, President of the Board. He said staff had not been able to get feedback from her but that input had been received from some of the residents. He stated that 17 people had made telephone contact with staff; of those, six were in favor of the proposed turn prohibitions, five were 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * opposed, and six recommended trying other alternatives. He said attached to the staff report was a drawing showing what staff had in mind. He said the plan brought to Council previously, it was set up so that anyone traveling westbound on Hovley Lane would not be able to turn into Kansas Street on the south, and anyone traveling north would not be able to make a left turn to go out. He said that based on the comments and the fact that staff has not been able to get anything in writing or phone resolution with the President of the Palm Desert Country Club Association, staffs recommendation was to drop the matter at this time. Councilman Spiegel questioned the staff report statement that the Palm Desert Country Club Association's president had advised that approximately 95% of the residents on Kansas Street south of Hovley Lane East were in favor of the proposed prohibitions. Mr. Folkers responded that this particular information had not been verified. Councilman Spiegel suggested that information be included in the Palm Desert Country Club newsletter letting residents know that the City is not intending to do anything because of the various reactions from the citizens to the proposal. Mr. Folkers responded that staff would be happy to do so. Councilman Kelly moved to, by Minute Motion, take no action at this time and direct staff to ask the Palm Desert Country Club Homeowners' Association to put information in its newsletter that the City is not intending to do anything at this time because of the various reactions to the proposals. Motion was seconded by Spiegel and carried by unanimous vote. IX. OLD BUSINESS A. REQUEST FOR CONSIDERATION OF HIGHWAY 74 TRAFFIC STUDY. Mr. Folkers noted the report in the packets. He said staff was in the process of looking into the issue of hazards caused by vegetation problems so that visibility can be improved. He said staff had been in contact with Caltrans with regard to the survey. He said the gentleman who was supposed to be doing the survey transferred to another division, and the survey had not been accomplished. Transportation Engineer Mark Greenwood had been discussing this with representatives of Caltrans who indicated this would be in process but that it might be late spring before that is completed. He said staff would be working with Caltrans to get the survey done as soon as possible with regard to speed limits. He said staffs recommendation was to proceed with the landscape modifications and pursue vigorously the Caltrans engineering and traffic survey. Mayor Benson noted that the staff report stated that the study indicated that the speed limit and traffic controls were appropriate for current conditions. She said it was not just the current 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * conditions that the Council asked for but also what will happen when the Canyons at Bighorn opens up. She said if the speed limit and traffic controls are considered appropriate, she would suggest having a Police Officer out there because people routinely come down Highway 74 at 65 miles per hour right in front of where she exits. She said people speed all the way down until they get to the light at Haystack, and then they have to abruptly stop because they are not expecting that signal. Councilman Ferguson asked whether the Canyons at Bighorn would have a traffic signal on Highway 74, and Mayor Benson responded that they would not. Councilman Ferguson stated it was his understanding that a signal would be installed at Cahuilla Way. Mayor Benson stated that the people at Silver Spur were concerned with getting out onto Highway 74, and that is why this study was done. MR. PETE FREESTONE addressed the Council and agreed with Mayor Benson about the speed of traffic coming down Highway 74, especially during rush hour when people are late getting to work. He said he felt 55 miles per hour was excessive for that road based on the number of intersections between Haystack Road and El Paseo. He said he did not see how we were going to get anywhere until the Council and staff agree that we need to take over the medians and maintenance of the highways so that the City has complete control of the speed limits and the timing of the signals at the various intersections. Mayor Benson stated that she felt the Highway Patrol or Sheriffs Department could make up their monthly deficits by ticketing speeders on Highway 74. She said she never sees people pulled over for speeding. Councilman Crites stated that several days ago he had seen the Highway Patrol right up by the Visitors' Center giving tickets to people who came speeding around the curve from the mountain. He said he had also seen them at the first street past the Canyons at Bighorn development. He said the issue was that every street in the Valley, not just in Palm Desert, is filled with people who speed, and this was not just an issue of one street. He said people speed on Fairway, Monterey, Cook Street, and every street in the Valley unless there happens to be a Police Officer sitting right there. Councilman Ferguson agreed with Mayor Benson and stated that in the five years he had lived here he had commuted each way on Highway 74, and he had never, north of Mesa View, seen a ticket being issued. He said it was easier to speed upwards of 70 and 80 miles per hour when a person is at about a 15 % slope going down than on flat surface street. He said when you take into consideration the landscape problems pointed out in the staff report, you have residents trying to get out onto the Highway thinking that people are driving 55 miles per hour when they are driving 70 miles per hour, and there are a lot of various accidents. He said he felt Highway 74 was unique enough from Ramon Road, Monterey Avenue, and Highway 111, both 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * in terms of the paucity of traffic lights and the downhill nature of it, that speeding is a serious problem. He agreed with Mr. Freestone that the speeding was worse between 7:00 a.m. and 9:00 a.m. Mayor Benson stated that one of the reasons for the study was to see if the City of Palm Desert did want to take over Highway 74. Councilman Kelly agreed. Mr. Freestone stated that since the first of the year, with the school buses having to display their flashing red lights when they are picking up students, there is a problem at the corner of Shadow Mountain and Highway 74. He said some of the Desert Sands school buses pull onto the frontage road on the west side of the Highway to pick up students, and traffic on Highway 74 does not have to stop; however, there is one particular bus that instead of pulling in to the alcove to pick up students, the driver is stopping on Highway 74, which creates a traffic hazard, especially in the morning. He said he felt the Council and Public Works Department needed to let the Desert Sands Unified School District aware of the traffic hazard they have made before there is a serious accident. Mr. Diaz stated that there were two issues involved, one dealing with the landscaping and blockage. He said he would like authorization from Council to: 1) proceed to examine the situation as to where those blockages are a hindrance; 2) cut the landscaping back; 3) look at what else can be done to cut down the speed. He said he would have the Sheriffs Department listen to the tape and would give the Council a report as to the number of citations that have been given on Highway 74. He said as long as staff as meeting with Caltrans as a result of the previous study session, he said staff would also discuss with them the things the City would like to do on Highway 74, including the possibility of additional signalization to slow down the traffic. He also stated that he would like to have a study session at some time with the Council and the City's traffic engineers to demonstrate to the Council how speeds are set in California, what we have to go through, how they can be enforced, and the correlation between speed and accidents. Councilman Ferguson asked for an additional aspect to be discussed relative to street closures on Acacia and Kansas. He said with regard to comments made by Mr. Freestone earlier in the meeting, if there is a public street with acceptable service levels and people are lawfully using them, they are a public use. He said he would be curious to find out what the service ratings are for Acacia, Fairhaven, Adonis, etc. He said if he was not mistaken, either at the next meeting or the one after that, the 90-day period will end. He said from an engineering standpoint, he would like to hear Mr. Greenwood's observations on the service ratings in those areas. He said perhaps the Council should discuss in a study session the issue of a public street, being lawfully used, within the speed limit, at an acceptable service level, whether the City wants to start polling people about making it essentially a private road. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites stated that a response appropriate to that was that a cul de sac is not a private road. Councilman Ferguson stated that this was not dealing with a cul de sac, it was dealing with thoroughfares. Councilman Crites stated that the street was potentially being changed from a through street to a cul de sac. He said it would not be creating a private street as long as the public has every right to drive down that street, to park on that street, and to use that street, where a private street was one that was gated and the public does not have access to the street. Councilman Ferguson stated that in effect the street would be taken out of the use of the mainstream public, and in his mind it may as well be gated and private. He suggested that this be discussed at the study session suggested by Mr. Diaz. Councilman Kelly agreed with Councilman Crites that Highway 74 was not the only street in the City where there was a problem, and he felt the Council could not just concentrate on one street. He also agreed with Councilman Ferguson and said he did not like the idea of closing off streets. He said he felt closing off one end was shutting off access to a street that was public and which a lot of people all of a sudden could not use. He said when this issue is studied, the Council needs to look at all of the streets in the City, and he felt there were ways to solve problems without shutting off the streets. Councilman Spiegel stated he would like to make an additional suggestion. He said four traffic officers were being added to the Sheriff's Department staff for the City of Palm Desert in the next fiscal year. He suggested that perhaps this was not sufficient and perhaps the matter should be revisited to see if more officers should be added. He said the only way to slow people down is to issue tickets. .Mayor Benson noted the letter from Robert Crommelin and Associates stated the objective was to identify the extent of any safety problems on State Route 74 and what might be done to improve safety. She said this was not the whole scope of the study, and the whole scope was to let the Council know what it would cost to take it over, and that information was not included in the report. He said either the engineer was misdirected or this was not made clear to him. Mr. Folkers stated that staff would attempt to get this resolved. No formal Council action was taken on this matter. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REQUEST FOR APPROVAL OF ASSIGNMENT OF PHASE 2 OF C.C. MYERS PURCHASE AGREEMENT (SOUTHERLY 130 ACRES) TO U.S. BUREAU OF LAND MANAGEMENT. Mr. Diaz noted the report in the packets and stated that Mr. Drell would answer any questions. Councilman Crites moved to, by Minute Motion, authorize the Mayor to sign the assignment agreement. Motion was seconded by Kelly and carried by unanimous vote. X. REPORTS AND REMARKS A. CITY MANAGER 1. Consideration of the Formation of a Central Business District/Palma Village Plan Implementation Committee. Mr. Diaz noted the report in the packets relative to formation of a Central Business District/Palma Village Plan Implementation Committee. He said discussion was held at the last meeting relative to the impact on remaining residential homes in the Palma Village area. He said staff's recommendation was to form a committee composed of members of the Planning Commission, Economic Development Advisory Committee, City Council, and any other committee or commission the Council might wish to have represented. He said this committee would look at the plan and determine whether the plan was still something that should continue to govern the land use decisions in that area. If the answer to that first question is yes, the committee would then consider whether to move forward and do some proactive actions to implement that plan. Upon question by Mayor Benson, Mr. Diaz recommended that there be two members of the Council, Planning Commission, EDAC, and any other committee Council wishes to have included. Councilman Spiegel suggested that the Architectural Review Commission also be included. Councilman Kelly moved to, by Minute Motion, form a Central Business District/Palma Village Plan Implementation Committee and appoint Councilmen Crites and Spiegel as the City Council representatives to this committee, with representation to also consist of two members each from the Planning Commission, Economic Development Committee, and Architectural Review Commission as well as staff. Motion was seconded by Ferguson and carried by unanimous vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated that staff would contact the EDAC, Planning Commission, and Architectural Review Commission for appointment of two members from each of those boards. 2. Consideration of Request from YMCA for Waiver of Building Permit Fees for Interior Improvements. Mr. Diaz stated that this was an item that had just come up and needed Council action. Councilman Kelly moved to add this item to the Agenda for discussion and action. Motion was seconded by Spiegel and carried by unanimous vote. Mr. Diaz stated that the YMCA was doing some improvements inside its building and had requested a waiver of the building permit fees. Staff recommended approval of the waiver and stated that it was only $278.00. Councilman Spiegel asked whether fees had been waived in the past for the YMCA, and Mr. Diaz responded that fees had been waived in the past. Councilman Spiegel moved to, by Minute Motion, approve the request and waive the building permit fees for interior improvements to the YMCA building. Motion was seconded by Ferguson and carried by unanimous vote. B. CITY ATTORNEY Mr. Erwin noted the items listed on the Agenda for Closed Session. 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Request for Closed Session Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): 1) City of Palm Desert v. REFCO Capital Corporation, et al, United States District Court, Central District, Case No. CV92-7632 2) City of Palm Desert v. Western Waste, Riverside County Superior Court, Case No. 090744 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3) Stull v. Bank of America NT&SA, et al, Superior Court of the State of California, City and County of San Francisco, Case No. 968-484 Significant exposure to litigation pursuant to Government Code Section 54956.9 (b): Number of potential cases: Initiation of litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of a Trail System between Highway 74 and La Quinta. Councilman Crites stated that this matter had come up at the Parks & Recreation Commission meeting the previous day. Councilman Crites moved to add this item to the Agenda for consideration. Motion was seconded by Ferguson and carried by unanimous vote. Councilman Crites stated that now that the City is in possession of a fairly large piece of the C.C. Myers property, it gives the opportunity to begin the planning process of making the last connection in a trail system that begins up by the Tram in Mt. San Jacinto and goes all the way to the Salton Sea. He said the only piece missing was the piece to connect Highway 74 to La Quinta. He said in visiting with Ted Lennon of The Reserve property and Al Muth of University of California Deep Canyon Research Station, and Fish & Game, etc., there was preliminary acceptance to draw out a trail that would connect those two areas. He said he took this issue to the Parks & Recreation Commission yesterday to get its reaction, and members expressed enthusiasm for getting started. He said it will not be a quick process, especially given the listing of the Peninsular Bighorn Sheep, but until something is planned it cannot be taken to any agencies for comment. He also noted that with the listing of the Sheep, it was likely there would be seasonal trail closures. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites moved to, by Minute Motion, authorize staff to begin preliminary planning and work with the Bureau of Land Management and the Department of Fish & Game in establishing a trail system between Highway 74 and La Quinta and to come back to the Council with a proposal and cost estimate for same, includingthe hiring of assistance if so needed. Motion was seconded by Ferguson and carried by unanimous vote. o City Council Committee Reports: None Upon motion by Kelly, second by Ferguson, and unanimous vote of the City Council, Mayor Benson adjourned the meeting at 5:25 p.m. for Closed Session and dinner. She reconvened the meeting at 7:00 p.m. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION MR. ROBERT REYNOLDS, 41-711 Jamaica Sands Drive, Bermuda Dunes, addressed Council relative to the left -turn prohibition at the intersection of Hovley Lane East and Kansas Street (Continued Business Item B). He said he owned a home on Kansas. He said his parents also lived there and that they were elderly and not in good health. He said there was a big issue with cars speeding down the streets, and he asked that the Council consider blocking off the street altogether at Hovley or making it a right -turn only. Mayor Benson stated that this item was discussed by the Council during the 4:00 p.m. session and that from a survey done by the Public Works staff, it did not warrant going ahead with the plan for anything out there. He said staff was directed to ask the Palm Desert Country Club Homeowners Association to publish the results of the survey in its newsletter to see if more people wanted to have something more done. She said there was nothing planned to be done at this time unless it comes back to the Council. Councilman Crites added that there were only 17 responses; of those, only six felt it was a good idea. Xll. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. PUBLIC HEARINGS A. REQUEST FOR CONSIDERATION OF THE FORMATION OF THE LA PALOMA II LANDSCAPE AND LIGHTING DISTRICT. Engineering Manager Joe Gaugush noted the staff report in the packets. He said this was a public meeting to receive comments and that the public hearing was scheduled for April 9, 1998. Mayor Benson invited comments relative to this landscape and lighting district. No comments were offered. Councilman Spiegel moved to continue this matter to the public hearing scheduled for April 9, 1998. Motion was seconded by Ferguson and carried by unanimous vote. B. REQUEST FOR APPROVAL, OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; GENERAL PLAN AMENDMENT (MEDIUM DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL), CHANGE OF ZONE FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO OFFICE PROFESSIONAL (O.P.) FOR THREE PROPERTIES LOCATED ON THE WEST SIDE OF PORTOLA AVENUE, STARTING 140 FEET NORTH OF ALESSANDRO DRIVE; AND APPROVAL OF A PRECISE PLAN TO CONVERT AND REMODEL AN EXISTING RESIDENCE INTO AN OFFICE SPACE, LOCATED ON TWO PARCELS AT 44-817 AND 44-835 PORTOLA AVENUE, Case Nos. GPA98-1, C/Z98-1, PP98-1 (Mr. and Mrs. Dowgialo/City of Palm Desert, Applicants). Planning Technician Martin Alvarez reviewed the staff report, noting that due to the high traffic volume on Portola Avenue, the three residential properties in question had been impacted, and staff felt the proposed office zoning and general plan designation would be a more appropriate use and would be compatible with the existing and future land uses of the area. With regard to the precise plan, he said the Dowgialos intended to develop parcels one and two, converting the existing residence into a 2,300 square foot office. He said the Architectural Review Commission reviewed this matter and granted preliminary approval to the architecture and landscaping subject to the applicant improving the architecture of the existing garage so that it is compatible with the proposed office architecture. He noted that the Planning Commission reviewed this matter on March 3, 1998, and voted 5-0 to recommend approval to the Council subject to two modifications to the conditions of approval as follows: 1) deletion of a condition which required reciprocal access between these two properties and the property to the north, parcel number three; 2) an addition to a condition which would mirror the Architectural Review Commission recommendation to improve the architecture of the garage so that it matches the proposed office. He said staffs recommendation was that the Council affirm the Planning Commission's decision recommending approval for the general 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * plan amendment, change of zone, and precise plan subject to the conditions. He offered to answer any questions. Mayor Benson asked whether this was right next to the building that did not get finished on the corner of Alessandro and Portola, and Mr. Alvarez responded that this was just north of it. Councilman Ferguson noted that the staff report made reference to three parcels, saying that parcel number three was owned separately. He said on Page 4 of the report was a comment about the Planning Commission's action with respect to reciprocal access for the parcel to the north. He asked if that was parcel three. Mr. Alvarez confirmed that this was correct and that the Planning Commission voted to delete that condition which the City originally had to require the reciprocal access. Councilman Ferguson asked whether parcel three wanted to be rezoned O.P. but just did not want to do any development at this time. Mr. Alvarez stated this was correct and that at this point there was no development proposed on that site. Upon further question by Councilman Ferguson, he responded that the Commission felt that at this time reciprocal access was not appropriate to the north property since it is not being proposed for development. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MS. DEBRA JENKINS, 45-707 Deep Canyon Road, stated she was the owner of parcel number three and that she was called by Mr. Alvarez several months ago to be made aware of this situation. She said she advised him at that time that she would look into the matter. She said she had not been approached by the people who purchased the other lots or by anyone else at any time to discuss what to do with the property; however, she said she did tell Mr. Alvarez at that time that while she was not necessarily opposed to the development, she was opposed to her property being zoned commercial because she was concerned about the taxes going up. She said she was single and on a fixed income, and that property helps to support someone in her family on a special needs trust. She said she tried to contact the Tax Assessor of Riverside County and that Mr. Alvarez indicated he had also tried to contact the Tax Assessor, and neither of them were able to obtain any information guaranteeing that the taxes would not go up. Councilman Ferguson asked whether Ms. Jenkins had any plans to develop the property. 21 DES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ms. Jenkins responded that she did not have any plans to do so and that it supported her brother on a special needs trust. She added that she was not approached by the people who now own the other parcels but that she was contacted approximately a year and a half ago when the property was first for sale. She said she was approached by'a realtor who never told her who he was working for, and they were actively discussing some options that would help the people who were interested in purchasing the property at that time. She said the realtor subsequently contacted her and advised her that the deal had fallen through. She added that she had not been approached since that time. Councilman Spiegel asked Ms. Jenkins if she would prefer to have her property zoned O.P. if there were no tax ramifications. Ms. Jenkins responded that it would not make any difference to her as long as she did not have any other incurred costs and as long as she was guaranteed that the taxes would not go up. Councilman Ferguson asked if she would prefer that the Council just do the change of zone for parcels one and two, with the understanding that if she ever wanted to do something with that property she could come back to the City and seek a change of zone at that time. Ms. Jenkins responded that it really did not matter either way as long as it did not change what she had to pay out since she has someone to support with that piece of property. Mr. Alvarez stated that he was able to contact the Tax Assessor's Office and was advised that the taxes would not be increased if the change of zone and general plan amendment were enacted. Only if the property were developed would the property be reassessed. Ms. Jenkins stated that if it was better for the community to have the property rezoned, that was okay with her. With no further testimony offered, Mayor Benson declared the public hearing closed. Councilman Crites moved to: 1) Waive further reading and adopt Resolution No. 98-36 approving GPA98-1 and PP98-1; 2) waive further reading and pass Ordinance No. El to second reading approving C/Z98-1. Motion was seconded by Spiegel and carried by unanimous vote. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. RFIFIST FOR CONSIDERATION OF AN APPEAL BY THE H.N. & FRANCES C. BERGER FOUNDATION TO A DECISION OF THE PALM DESERT ARCHITECTURAL REVIEW COMMISSION AND AN APPEAL BY COOK SQUARE INVESTORS I, C/O SABBY JONATHAN, TO A DECISION OF THE PALM DESERT PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND CONDITIONAL USE PERMIT TO CONSTRUCT A 24,543 SQUARE FOOT CORPORATE OFFICE BUILDING ON 4.15 ACRES AT THE NORTHEAST CORNER OF COOK STREET AND SHERYL AVENUE, Case No. CUP 97-15. Mr. Drell reviewed the staff report, noting that this was for a proposed two-story, 24,543 square foot corporate office sited toward the corner of Cook Street and Sheryl Avenue on what is now a rather elevated pad. He stated that the Architectural Review Commission, upon seeing the size of the building, its proximity to Cook Street, and the elevation of the pad, felt it would be a bit more imposing than they felt was appropriate and requested that the applicant, given the fact that this is a rather large piece of property, most of which is still undeveloped, push the building back further into the site. The applicant increased the setbacks by approximately ten feet, but the Commission felt it would be more appropriate to increase the setbacks by 30 or 40 feet. He said part of the Commission's concern was that while the building itself in height is in compliance with the Code, the combination of the height of the building on the elevated pad and the fact that it is sitting on top of a semi -subterranean garage required some special design mitigation above and beyond what the Code would normally require. Because the applicant declined to set the building back as far as the Commission desired, the Commission suggested that the building be sunk an additional four feet. He said the pad right now was 12 feet above grade, and the Architectural Review Commission requested that the floor of the garage be lowered to street level. He added that the Commission approved the project based upon that consideration, and the applicant filed an appeal to that decision. When this issue went to the Planning Commission, the Commission felt this was not necessary. He noted that this was an area of overlapping jurisdiction between the two Commissions. He said the Planning Commission typically has authority over site planning; in this case, the Architectural Review Commission's position was that without the additional lowering of the pad, they would not have approved the architecture. He noted that this item had been appealed and was before Council at this time. He said that, technically, a 30-foot high building could have been built on the existing pad, and it would have been significantly higher in terms of line of site than the proposal. Mr. Drell stated that a second issue was parking. He said this was a foundation, and although they were building 24,000 square feet, they presently have only 16 employees. Under normal circumstances the building would require 85 parking spaces, and the proposal was for 60 spaces in the subterranean garage, and the applicant had no desire to put more asphalt on the site than they feel they can use. Staff required the applicant to demonstrate the ability to add the additional 25 parking spaces if necessary, and the applicant did so. A condition was added that the applicant would provide the City with some form of security that would be enough to 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * induce them to add the additional 25 spaces if the City deems it is necessary. He noted the Planning Commission agreed with that decision. He stated that one basis of the appeal by Mr. Jonathan principally dealt with the project not including those additional 25 spaces. Mr. Drell stated that one of the concerns that had come up as a result of a letter supporting the appeal was that the rest of the site, which is shown as vacant, should be shown with some sort of development. He said staff was suggesting that a condition be added that would require desert landscaping or other form of stabilization of that area, and one option suggested in lieu of landscaping would be -a chemical stabilization. He said this might be an opportunity for a verbena field. Councilman Kelly stated that it was his understanding that it was already desert landscaped. Mr. Drell responded that there was not as much verbena on the site as the City would desire. He said staff felt comfortable that we can forego additional asphalt at this time on the balance of the site. He noted that staff concurred with the Planning Commission approval concerning the provision for deferring the additional parking. Councilman Kelly showed recent photos of the area showing a large amount of verbena on the site. Councilman Crites asked whether all five members of the Architectural Review Commission voted to further lower the building and whether two members of the Planning Commission voted not to require that. Mr. Drell responded that this was correct. He noted that one member of the Planning Commission was absent, and another Commissioner abstained from voting. Councilman Crites stated he felt there was some value in noting how the vote was, whether it is 2-1 or 5-0, etc. Mr. Drell noted that it was a 2-1 vote at the Planning Commission to approve the project without the lowering of the pad. Councilman Ferguson stated that if the applicant does not wish to build as much parking lot as required in the Code and the City's Code is geared toward what a reasonable ordinary use per square footage is, why are we building a 25,000 square foot building for 16 employees? He asked if this significant of an exception to a parking requirement had ever been given on any other project in the City. Mr. Drell responded that the first question should be asked of the applicant. With regard to the second question, he said he did not believe such an exception to a parking requirement had ever been given for any other project in the City. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Crites asked what the applicant had to post as a guarantee of building the extra parking. Mr. Drell responded that staff would determine a value of what it costs to build those spaces. He said the closest thing that would come to this was the remodel of what is now LG Steakhouse. He said LG's was opened without completion of the entire parking lot, and the City had them post a $50,000 cash deposit which was released incrementally as they completed the parking lot. Councilman Ferguson asked how much the applicant had offered to deposit, and Mr. Drell responded that staff had not yet made that calculation. He said the language was that it be "security satisfactory to the City Attorney and staff'. Councilman Crites asked whether Mr. Drell had the authority to order the additional parking to be done. Mr. Drell responded that he would have the authority to order it to happen, but the design would go back to the Planning Commission. Councilman Spiegel asked how staff would determine when the additional parking is needed. Mr. Drell responded that it would be determined when there was a perceived parking problem or if the applicant were to offer to sell the building, etc. He said if he felt unsure about it, he would not make a decision and would refer it to the Planning Commission. Councilman Ferguson asked whether the applicant had submitted plans for the required amount of parking for that portion which they did not wish to build now. Mr. Drell responded that the applicant submitted a plan that demonstrated the ability to produce the required amount of parking, although staff was not satisfied with the design in terms of its efficiency, etc. Councilman Ferguson asked whether the Council was locking itself into a design that staff was less than happy with, and Mr. Drell responded that staff did not approve a design, and the design would be required to be submitted and approved through the Planning Commission. Councilman stated it seemed prudent to him to have a completed design before approving anything out there. Mr. Drell stated that the applicant convinced staff that putting the time in to doing that was not necessary. Mayor Benson declared the public hearing Q.p_J1 and invited testimony from the applicant. MR. DOUG VANCE, Vice President of the Berger Foundation, 42-600 Cook Street, addressed the Council and stated that with regard to the elevations, he had been a professional in that line of work for the past 25 years. He stated that the bottom of the basement was at an elevation an approximately the top of the curb at the far end of the building. The way this project was designed, the parking lot above the street behind the building at the elevation it is at now is approximately six feet before the existing pad elevation, and once the parking lot is built behind the building there is still a six-foot slope to get up to the existing pad elevation. He said the basement itself was as low as they could go and still have surface drainage without creating a 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * sump pump situation and higher walls. He noted that the current design was still below the Code requirements. He said they could build a tiltup building 30 feet high and they would not have to have the setbacks they had designed currently. He said there was approximately 118 feet from the corner of Cook/Sheryl to the front of the building, and this was the area that had been allotted for the additional parking if needed. He said they were more than willing to give additional parking and would put up as much of an interest bearing Certificate of Deposit as required, and this was discussed at the Planning Commission meeting. He said the elevation of the building was as low as it needed to go for the surrounding area, and he had gone out and staked out the building and driven up and down the all the streets to try and analyze what the Architectural Review Commission was trying to point out. He said he had yet to see that the point in calling this project off or making the changes required of them as the applicant. He said they were willing to both work with the parking situation and work out all of the conditions put before them; however, they felt the elevation was sufficient and was well within the Code requirements. Councilman Crites stated that Mr. Vance indicated he had been in the business for a long time and was telling the Council that, in his professional judgment, this was low enough, etc. He asked why, then, the applicant was unsuccessful in convincing anyone on the Architectural Review Commission not to ask for what it did, since those commissioners are also people in the business. Mr. Vance responded that the project architect had attended the Architectural Review Commission meeting and that he himself had not attended but would have made this argument at that time if he had attended. Councilman Ferguson stated that the applicant mentioned he did not want to put in a sump pump and retaining walls because of the extra cost. However, it seemed that this would be an enormous structure built for 16 people, and he asked why cost did not matter there when it did matter on the sump pump. Mr. Vance responded that the building would be a monument to the organization's founders, who were both deceased. He noted that the rendering included a statue of the founders, and part of the building was a museum. The building would include an atrium as people walk into the building which would be two stories high, and there was a lot of aesthetic appeal built into this building. He added that 24,000 square feet was not all usable square footage, and there was approximately 16,000 square feet of office space. He noted that the bottom floor would include an area for plaques and statues honoring the Bergers. Councilman Ferguson stated that he was personally aware of the philanthropic efforts of the Berger Foundation, and he saluted the applicant for that. He noted that with regard to the museum as mentioned by the applicant, this would get right back to the parking issue because 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * in addition to the 16 employees there would be visitors to the museum. He asked why this would entitle the applicant to a reduction in the parking requirement. Mr. Vance stated that although the museum would be open to the public, he did not think there would be a tremendous amount of the public who would want to go in to see what the Bergers have accomplished. He noted that the museum would not have to be opened during working hours. He added that they were not opposed to doing something else with the parking but that they were opposed to the elevation as requested by the Architectural Review Commission. Councilman Ferguson whether the opposition to the recommendation was such that the project would not move forward if the Council insisted the applicant comply with it. Mr. Vance stated that it was possible that the Berger Foundation would consider relocating. Councilman Ferguson asked whether cost was the only objection. Mr. Vance responded that cost was not the only objection. He said among the four executives in the office, there was 131 years of construction experience, and they felt that lowering the building by four feet would take away a lot of the appeal. Councilman Ferguson stated that the Council was being put into a position to ignore its own advisory panel and go with the applicant because it was more expensive for the applicant, and this was not a very compelling reason. He asked the applicant to explain why it would be less appealing to be a little closer to Cook Street in terms of elevation. Mr. Vance stated that he felt the building was so appealing it should be up there making a statement; however, it would not be making the statement that another building they would be allowed to build would make. He said this was something he felt should be seen, and when the building is already three feet below the maximum height limit, lowering it another four feet as required by the Architectural Review Commission would take away from the appeal of the building. He said this was the opinion of the architect who was not able to attend the meeting. Councilman Crites stated there had been a lot of comments that the appeal of the building was primarily the fact that it is massive and sitting on top of a high hill, which would automatically call attention to it but would not necessarily make for good public policy from the City's point of view. He said there were some requests that the process be started by going down to curb level at that cross street and work from there for 30 feet, in which case this would be considerably over what the allowed height elevation would be. He said the Council was trying to find some kind of common ground to allow the applicant to move forward, but it was difficult when the advisory bodies to the Council unanimously felt the building was out of scale for that site, perhaps not from the point of view of the user who loves things to be potentially grand looking but for the people in the community. 27 11IINUTFS REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Vance stated that he appreciated and understood what the Council was saying but that this was a difference of opinion. Councilman Crites asked whether Mr. Vance would be willing to sit down with the Architectural Review Commission, and Mr. Vance responded that he would be willing to do so. MR. SABBY JONATHAN, 42-620 Caroline Court, Suite 102, stated that he had an office and owned property adjacent to the proposed development. He stated for the record that he was at the meeting as an individual, was representing his own private interests, and was not at the meeting in his capacity as a member of the Planning Commission. He said he was supportive of the development and that it would be a nice addition to the City if done right. He expressed concern with parking and stated that while staff mentioned that the ordinance required 85 spaces, it actually required 98 spaces, or four per 1,000 square feet. He said there seemed to be an automatic assumption that there was an allowance of 15 % that was appropriate here, while the ordinance actually permitted up to a 15 % reduction for such things as hallways, unused space, etc. He said that technically, the requirement under the ordinance was for 98 spaces, so the applicant was seeking a reduction of 38 down to 60 spaces. He said he felt the exception should not be granted because the surrounding area was already under parked, and all the buildings there right now used overflow parking, with vehicles parking on the streets. He said staff had pointed out in reports to the Architectural Review Commission and Planning Commission that the applicant has ample room to build the number of parking spaces required by the ordinance, and as indicated in recent articles in the Desert Sun, the Berger Foundation is one of the wealthiest foundations in the desert, so he did not think financial hardship was an issue here. He said another point that should not be missed is that the surrounding property owners have to comply with the parking ordinance. He said a letter of credit or certificate of deposit proposal sounds good in theory but that as a practical matter he had yet to see that kind of mechanism work. He said he felt the applicant had not made a persuasive argument in his mind as to why there should be an exception to the ordinance. He said although there were only 16 employees now, no one can tell what will happen in the future, and there was a reason for building a 25,000 square foot building. He said there would be people coming in to see the museum, to have conferences, to hold seminars, to review grants, etc. He said to sum up the parking situation, the applicant had sufficient room, sufficient funds, and had failed to demonstrate any persuasive reason that would justify an exception. With regard to the building height, he said this was a two-story building sitting on top of a garage which already extends above grade, and grade was already 12 feet above Cook Street. He agreed with the Architectural Review Commission to lower the pad and hopefully move the building back further. He said a third issue he took exception to was the lack of full disclosure with regard to the remaining acreage. He noted that the project was 4.15 acres, and the plan was for only about 1.5 acres of the total. He said he had rumors that the applicant planned to build a park- like setting on the rest of the land; however, the actions of the applicant were inconsistent with that and would actually imply that there was future development in mind. He said why else 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * would someone want a small footprint, underground parking, have such strong objection to meeting the ordinance for parking, etc., and if the future holds a subdivision of the site for more development, that would only add to the parking, congestion, and traffic flow problems. He said he would feel more comfortable if there was a master plan for the entire 4.15 acres with adequate parking provided for. He said that in summary, he believed the applicant should provide all of the 98 parking spaces required under the Code, that the building height should be lowered by a minimum of four feet as recommended by the Architectural Review Commission, and that plans should be submitted for the entire 4.15 acres, not just the 1.5 acres presently proposed for development. Councilman Crites stated that with regard to Mr. Jonathan's comments relative to lack of full disclosure and assuming that an acceptable design and height of the building is arrived at, that parking meets requirements, and that this Council or some future City Council has firmly in mind that the Berger Foundation, like every other group in the City, will meet City codes in what they build in the future, he questioned why it was necessary for them to have to come up with a plan for the rest of the site when this is not required of others. He asked why more should be asked of this applicant than is asked of others. Mr. Jonathan said he agreed with Councilman Crites' point, and given those assumptions as outlined by Councilman Crites, he said he would have a much greater comfort level and would not feel a completed plan for the remainder of the site would be required. Councilman Ferguson asked what the nexus was between those two points. Mr. Jonathan responded that it had been suggested that the applicant intended to develop the rest of the site in a park setting with walks, etc., and that would result in less intensive use and less of an impact on traffic circulation and parking than would development of the remaining site into office buildings. He said the nexus in his mind was that if there was adequate parking, he would not have to worry about the rest of the site because it would be developed pursuant to standards. Councilman Ferguson noted that Mr. Jonathan had stated there had been a lack of full disclosure which implies something nefarious. He said in looking at the staff report it says the applicant has no obligation to demonstrate long-term thinking or commitment to the property, which sounds charitable. He asked if Mr. Jonathan had any evidence of any sort of untoward proposed use that would dramatically affect the Council's thinking tonight with respect to this one small parcel. Mr. Jonathan responded that he did not. He said his point was not that the applicant had done anything nefarious or untoward but that the applicant's actions had been inconsistent with what he had been led to believe would end up being developed on the four acres. He said, for example, if the intent was to develop a park -like setting for the rest of the four acres, why is 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * there such a focus on a small footprint pushing the building out as close to the corner as possible and not building the additional parking. He said this would suggest the possibility of further development of office building rather than park on the rest of the site. He said if that was what the applicant had in mind, that would be fine, but he would rather know about it now because that would impact the parking requirement. He said if it was known that there was additional office building going in on the rest of the four acres, the Council would be more persuaded that 60 parking spaces would be inadequate. Councilman Ferguson asked whether Mr. Jonathan would concede that legally the applicant was doing everything required of him under the law and that there was no legal obligation to map out the entire four acres. Mr. Jonathan agreed. Councilman Ferguson stated that Mr. Jonathan had indicated the parking requirement would not work, yet Mr. Drell had just described a situation with LG's where it is working just fine. Mr. Jonathan stated that that was a different situation. He said the LG's situation was one where there was an existing requirement to build out the remaining parking lot, but it was a timing issue. He said he would be happy to have something like that for this project, where for example the requirement would be to build 98 spaces but to do 60 now and the remaining 38 spaces within five years, with the applicant to post a bond or certificate of deposit to cover the cost of the remaining spaces. He said he believed this was the case at LG's. Councilman Ferguson asked if Mr. Jonathan would have a problem with the Council taking Councilman Crites' suggested approach and requiring a plan for the full parking requirement, basing the sequence of the timing on the provision of security. Mr. Jonathan stated that if there was an absolute requirement for the full 98 spaces or 85 if the Council saw fit, it would be fine if it got phased in over time. He said leaving it open, allowing 60 now, and not developing a specific mechanism to impose the requirement for the 98, that would be tantamount to saying you get only the 60. Mayor Benson asked why this building would need a conditional use permit. Mr. Drell responded that it was necessary in order to get the parking exception. Councilman Ferguson asked whether the applicant would be before the City Council under a conditional use permit if they had agreed to build 85 parking spaces, and Mr. Drell responded that it would simply be a precise plan if they conformed to all the requirements of the Code. Councilman Ferguson asked whether under a precise plan the Council would have the ability to deny it because it complied with the height limit of the proposed building. Mr. Drell stated that the height issue was the result of a decision by the Architectural Review Commission. He said it was an appeal of that decision by the Berger Foundation. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson stated that a big issue for him was the fact that this was a conditional use permit, the applicant does not have a vested right to a certain height, and the Council can condition it on whatever it feels is appropriate for the site. He said if this came in as a precise plan, staff was saying the discretion the Council was exercising was that from the Architectural Review Commission which was making changes to the footprint because it affects the architecture. Mr. Drell responded that the City has codes that specify the physical dimensions of buildings, setbacks, etc. The Architectural Review Commission looks at the pure aesthetics of the building. He said the Commission was saying that it felt this design was only acceptable if it is diminished in height, and the Commission would not have approved this architecture if it was not diminished in height. He said the Commission could make decisions above and beyond Code requirements if the members feel it is warranted aesthetically. He said the Commission was saying that with this architecture, the building was not acceptable at this height. Mayor Benson stated it was her understanding the ordinance stated the height of the building was determined from curb level. Mr. Drell responded that this was true in the Professional Office zone, and this was project was in the Service Industrial zone. He said the requirements in the Professional Office zone were motivated by proximity to residences and protecting residential views where Service Industrial was not adjacent to residential. He said in every other zone in the City, with the exception of Office Professional, height is measured from pad elevation. Councilman Crites stated that in that situation, the Architectural Review Commission looks at such things as the mass of the building on that pad as it looks from the road, adjacent buildings, etc. and makes its recommendations in terms of architecture which in this case includes lowering the building because of the mass of the building. Mr. Drell agreed. Councilman Ferguson asked whether a grading plan had been approved allowing the hill on the corner. Mr. Drell responded that this had been done under the County. Councilman Spiegel questioned the Sunrise Building and said that it was set back, with parking in front and around the back. He asked if the 35-foot setback on the Berger building was enough space to put in the parking that was required. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Drell responded that it was not enough. He said that to be efficient, it would have to be done like the Sunrise Building, with a minimum setback of 65 feet, which would allow a double loaded parking aisle. Upon question by Mayor Benson relative to construction of the Sunrise Building, Mr. Drell stated that he did not recall whether any grade elevation changes were done or not. He said this was built in the County and was annexed to the City after it was built. Mr. Vance addressed Councilman Spiegel's comments relative to setbacks and stated that it was never their intention to put the additional parking in that 35-foot setback area. He said the additional parking designed by their architect was within the 116-foot area in the front portion. He said if this was not acceptable, it would be moved somewhere else. He said they were not opposed to the additional parking. He said the reason they were building a two-story building was to maximize the usage of the land, and their hope was that in the future Chapman University will grow into this entire campus. He added that the intent was for this office to continue at this location for many years to come. He said the additional parking could be put in the front portion of the 116-foot setback. Mayor Benson declared the public hearing closed. Councilman Crites stated that with regard to the issue of height, Mr. Vance did not appear before the Architectural Review Commission and is willing to do so. He said he felt the Architectural Review Commission had viable issues concerning building mass and size and site. He said he would rather give the applicant an opportunity to go to the Architectural Review Commission to see if common ground can be reached. Councilman Ferguson stated he felt there was a fundamental conflict. He said the exact thing that concerns Architectural Review Commission and certain members of the Council, the mass of the building on a hill, was exactly what the applicant was looking for because they wanted prominence for the Bergers. He said he was not saying this was a bad thing and that he personally loved the building, liked what they were doing, and liked the Foundation; however, he said he had concerns about mass that close to the curb. He said the point that this elevation was taken at 30 feet above the street genuinely made him wonder what it would look like if he were 30 feet lower. He said he was not sure it was in either the City's or the Berger Foundation's interest to have a building that was unappealing. He said the applicant could be sent back to Architectural Review, but he was not sure it would change the outcome. He said he came into this public hearing expecting a good chance that the applicant would be requested to lower it more than four feet, but he would be in favor of not changing the lowering requirement, working with a plan and a parking sequence that allows the City to look at how they are going to do the parking in a fashion that is acceptable, and allowing the applicant to post security and sequence it so that it is part of the map. He said with regard to the 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * requirement that they provide a site plan for the entire 4.15 acres, this was neither legally required nor desired by him personally. Councilman Crites asked whether Councilman Ferguson was supporting the Architectural Review Commission's decision. Councilman Ferguson responded that he was supporting the Architectural Review Commission and was also supporting staff on parking with the provision that the applicant submit a plan for the future parking. Mayor Benson stated that she still had concerns about the mass and the height of the building on the corner. She said she had also come in hoping it would be lowered more than the four feet. She said if it were to go back to Architectural Review, she would suggest that it be lowered more than four feet because she did not feel this was enough. She said the Service Industrial was not meant to put monuments to people, and this was not the location to do something like that. She said perhaps the true use of the building was, as noted by Mr. Vance, for Chapman University, and she did not feel this was the place for it. Councilman Ferguson stated he was willing to defer to the Architectural Review Commission's judgment relative to the lowering of the building. Councilman Kelly stated that whether Service Industrial was the place for this or not, he felt this was an opportunity to dress up an area that is an eyesore in the City. He said he felt Cook Street could use some dressing up. He said with the Cook Street offramp, a lot of people now enter the City on Cook Street, and he would not mind seeing something like this on Cook Street. With regard to requiring an entire site plan, he said he felt this was ridiculous. He said with regard to lowering the building, he was not hung up on the four feet and was willing to go along with everyone else and with the Architectural Review Commission. He said he felt the building would be a real asset and that the City should help the applicant get it built. Councilman Spiegel agreed with Councilman Kelly and said he felt this would be a catalyst for further development along Cook Street. He said this was the only industrial area in the City of Palm Desert and was one that had both some great businesses and also some that he was not particularly proud of. He agreed it would be an asset to the City, and he stated he felt the Berger Foundation was a real asset to the City. He said he would be in favor of the project as proposed by staff. Councilman Crites moved to waive further reading and adopt a resolution and a Conditional Use Permit with the following issues to be resolved: 1) That there be a landscaping plan for the remainder of the site and that it be approved by appropriate bodies in the City; 2) that an acceptable parking plan be proposed and adopted before any building permits be granted; 3) that the Architectural Review Commission be supported in terms of its issue about lowering of the building. 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson asked whether by landscaping of the site Councilman Crites was talking about soils stabilization for the remaining acreage. Councilman Crites responded that he would leave that up to staff and the Architectural Review Commission. He said his motion was that the applicant submit a plan that was acceptable to staff, and that might be nothing more than soil stabilization, etc. Councilman Kelly stated he felt it would be more important to have some requirement to build the building without disturbing the remaining portion of the property that will not be used. Councilman Crites amended his motion to require that there be a minimal disturbance to the remainder of the site. Councilman Crites stated that with regard to bonding for the parking spaces, there had been situations in the past where people have put their hands in the air and said they would do something, yet when it came time to do it, they then went to court against the City. He asked if there was a way to make this bulletproof so that the City does not have to worry about something like this happening. He added that this was not about the Berger Foundation at all but was a way for the City to be comfortable. Mr. Erwin responded that there was a way to do this. Councilman Crites asked that this also be added to his motion. Mr. Erwin stated that if this was going to be done, with some sort of security to be provided subject to his approval, he would also like some sort of timeline on it so that we have something very specific. Councilman Crites stated that he just wanted to make sure the City does not end up in a court battle like it has with undergrounding of utilities. Councilman Kelly stated that this did not mean there would be a requirement that be a certain time the additional parking would have to be put in. Councilman Crites agreed and said that it would mean that -it be put in when staff determines it is necessary. Councilman Ferguson suggested that, for legal sufficiency, perhaps Council should set a time when it will be reviewed, and Council could decide at that time whether or not to extend it for an additional time. 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin stated that perhaps the easiest thing would be for staff to bring that portion back at the next meeting with a very specific staff recommendation. Councilman Spiegel stated that Mr. Vance had not had an opportunity to discuss this with the Architectural Review Commission. He said he would like to offer Mr. Vance an opportunity to do so and to see if he could convince the Commission that the four feet are not required. Councilman Ferguson stated there was also the chance that the four feet would become six feet or eight feet. Mr. Vance stated that he was willing to spend the time to resolve this issue. Upon question by Councilman Kelly, he stated that he would like to go back to the Architectural Review Commission. Councilman Crites stated that he felt the applicant should have every right to do so. He added that he remained very concerned about mass and height. Mr. Vance asked whether they would be allowed to build a 30-foot-high, tilt -up building there. Councilman Crites responded that this would not be allowed without the concurrence of the Architectural Review Commission. He said the aesthetics would go the Commission whether the building is tilt -up or built from straw. Councilman Ferguson stated that the applicant could have the plan approved tonight as per staff's report, with modifications as referenced, or go back to Architectural Review Commission with absolutely no assurance that it will get approved like this in the future. He said it could be more lenient or more harsh. Mr. Vance stated that he could not agree to lower the building four feet without conversing with the Committee and he would, therefore, opt to go back to Architectural Review Commission. Mr. Erwin suggested that this matter be continued to the next regular meeting. Mr. Drell stated that the next meeting of the Architectural Review Commission would be April 14, 1998. Councilman Ferguson asked whether it would be necessary to allow ten to fifteen days for appeals to be filed for Architectural Review before Council takes action on the item. Mr. Erwin responded that it would not be necessary since the Council was allowing this matter to go back to the Commission. 35 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Vance asked whether the decision of the Architectural Review Commission would have to come back to the Council. Councilman Ferguson responded that it would have to come back to the Council for approval. Councilman Ferguson moved to continue this matter to the meeting of April 23, 1998. Motion was seconded by Spiegel and carried by unanimous vote. Councilman Crites stated -that the Architectural Review Commission should be provided copies of the Minutes of this meeting. XIV. ORAL COMMUNICATIONS - B None XV. ADJOURNMENT Councilman Crites stated that the City had recently taken out more than a dozen trees from the landscape medians on Monterey Avenue in front of the College and along Fred Waring Drive. He said they were taken out because the bases were split at the bottom and the branching structure had been trashed. He said that this was due, in some cases, to poor selection of trees to start with. In other cases it was a result of poor maintenance over the years. The end result was that 10-15 years of work had been removed, and it is now necessary to start all over again. He said the City's Arborist had made the decision to remove the trees, and he was correct to do so. He said the question he had was how soon the City would have the new ordinance on trees. He said, for example, Desert Crossing appeared to have trees that are guaranteed not to grow, and he said he would like to see the City get going on this. Mr. Drell stated that the plan included some pictorial exhibits, and these are in the last stages of being prepared. Councilman Crites asked if that also included a rehab plan for areas where we are not getting what we were told we were going to get, such as Desert Crossing. Mr. Drell responded that this would be included. Mr. Diaz stated that this would be included in a report to the Council. He said he felt a policy should be set where plants removed from medians are replaced at the same time. He said he would have something for the Council at its next meeting. 36 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 26, 1998 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson moved to add the following item to Closed Session: Public Employment pursuant to Government Code Section 54957: Titles of Position: City Manager Motion was seconded by Kelly and carried by unanimous vote. With Council concurrence, Mayor Benson adjourned the meeting at 8:30 p.m. to Closed Session. She reconvened the meeting at 9:45 p.m. and adjourned to 3:00 p.m. on Thursday, April 2, 1998, for the Council to consider the desert palette landscaping at Desert Willow. J4d/f \r/ ' SHEILA R. GIL�I AN, CITLERK CITY OF PALM DESERT, C LIFORNIA JE BENSON, MAYOR 37