HomeMy WebLinkAbout1998-05-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 28, 1998
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I. CALL TO ORDER
Mayor Benson convened the meeting at 4:08 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, City Clerk
John M. Wohlmuth, ACM/Director of Administrative Services
Carlos L. Ortega, RDA Executive Director
Richard J. Folkers, ACM/Director of Public Works
Pat Conlon, Director of Building and Safety
Paul S. Gibson, Director of Finance/City Treasurer
Phil Drell, Director of Community Development
Rachelle D. Klassen, Records Technician
III. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of May 14, 1998.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 55, 56 and
No. 56 PD Office Complex
Rec: Approve as presented.
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C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Promus Hotel Services, Inc.,
for Palm Desert Embassy Suites Hotel, 74-700 Highway 111, Palm Desert.
Rec: Receive and file.
D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by California Sullivan's, Inc.,
73-545 El Paseo, F2600, Palm Desert.
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by USA Gasoline Corporation
for USA Mini Mart, 72-300 Highway 111, Palm Desert.
Rec: Receive and file.
F. MINUTES of the Library Committee Meeting of April 8, 1998.
Rec: Receive and file.
G. MINUTES of the Civic Arts Committee Meeting of April 13, 1998.
Rec: Receive and file.
H. MINUTES of the Golf Course Committee Meeting of April 13, 1998.
Rec: Receive and file.
I. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the President's Plaza
East Realignment (Contract No. C14500).
Rec: By Minute Motion authorize staff to advertise and call for bids for the President's
Plaza East Realignment.
J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Palm Tree Trimming.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for palm
tree trimming.
K. REOIJEST FOR APPROVAL of Combined Bidding for Fall Rye Grass Overseeding.
Rec: By Minute Motion, approve the combined bidding program for fall grass
overseeding.
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L. REQUEST FOR APPROVAL of Additional Funding for Preparation of the Environmental
Impact Report as Revised and Augmented for the Cal State Campus at Palm Desert Site.
This item was removed for separate consideration under Item IV, Consent Items Held Over,
of the Agenda. Please see this portion of the Minutes for discussion and action.
M. REQUEST FOR APPROVAL of Sunline Transit Agency Agreement for Sale of SunLine
Passes.
Rec: By Minute Motion, authorize the Mayor to execute the SunLine Transit Agency
agreement for the sale of SunLine passes by the City of Palm Desert (Contract
No. C14510).
N. $JOUEST FOR APPROVAL of Summer Programs at Desert Willow Golf Resort.
This item was removed for separate consideration under Item IV, Consent Items Held Over,
of the Agenda. Please see this portion of the Minutes for discussion and action.
O. REOU.JEST FOR APPROVAL of Five-year Measure "A" Program.
This item was removed for separate consideration under Item IV, Consent Items Held Over,
of the Agenda. Please see that portion of the Minutes for discussion and action.
P. REQUEST FOR APPROVAL of Lease Agreement with Desert AIDS Project for Office Space
at Portola Community Center.
Q.
Rec: By Minute Motion, approve the lease agreement between the City of Palm Desert
and the Desert AIDS Project for leased office space at the Portola Community
Center (Contract No. C14520).
REOUES'' FOR APPROVAL of Supplemental Rental Agreement for Big Brothers/Big Sisters
at Portola Community Center.
Rec: By Minute Motion, approve the supplemental lease agreement between the City of
Palm Desert and Big Brothers/Big Sisters of the Desert for leased office space at the
Portola Community Center relinquishing one 130 square foot office space (Contract
No. C11962)
R. REQUEST FOR APPROVAL of Supplemental Rental Agreement for Coachella Valley
Mountains Conservancy at Portola Community Center.
Rec: By Minute Motion, approve the supplemental lease agreement between the City of
Palm Desert and the Coachella Valley Mountains Conservancy organization for
leased space at the Portola Community Center (Contract No. C11971).
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S. REOUEST FOR APPROVAL of Use of City Van by Desert Willow Staff.
Mr. Erwin requested this item be continued to the meeting of June 11, 1998.
T. REOUEST FOR WAIVER QF FEES Associated with the Palm Desert Middle School
Graduation Ceremonies.
Rec: By Minute Motion, waive fees associated with Palm Desert Middle School
graduation ceremonies scheduled to be held on June 11, 1998, in the Palm Desert
Civic Center Park Ernest W. Hahn Amphitheater.
Mayor Pro-Tempore Spiegel requested that Items L and N be removed for separate consideration
under Item IV, Consent Items Held Over, of the Agenda. Councilman Kelly requested Item 0 be
separately discussed.
Upon motion by Crites, second by Spiegel, Item S was continued to the meeting of June 11, 1998,
and the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council.
IV. CONSENT ITEMS HELD OVER
L. REOUEST FOR APPROVAL, of Additional Funding for Preparation of the Environmental
Impact Report as Revised and Augmented for the Cal State Campus at Palm Desert Site.
Mayor Pro-Tempore Spiegel questioned why this additional preparation was not considered in
the initial proposal.
Mr. Drell responded the consultant had received a scope of work from the City's traffic
engineer upon which the proposal was based. He said since that time CalTrans had reviewed
the initial report and notified the City of the additional work they required.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 to
Contract No. C13490 with Terra Nova Planning & Research, Inc., in the amount of $3,900.00; 2) authorize
additional funds from Unobligated General Fund Reserves in the amount of $3,900.00. Motion was seconded
by Kelly and carried by unanimous vote.
N. REQUEST FOR APPROVAL of Summer Programs at Desert Willow Golf Resort.
Mayor Pro-Tempore Spiegel asked how the programs proposed compared to last year's.
Ms. Piper Close, Marketing Director for the Desert Willow Golf Resort, stated the programs
reflected a direct comparison to those programs which were most successful in the summer of
1997, duplicated for 1998. She stated the rates were virtually the same.
Mayor Pro-Tempore Spiegel asked whether a Palm Desert resident would pay more this year
to play golf on a Thursday than they did last year.
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Ms. Close responded the Palm Desert Resident Fee daily rate is exactly the same as last year.
She added there are some special programs to enhance the rate for residents.
Mrs. Gilligan stated that staff had just received the rate structure information today for the year
beginning June 1, and it will be placed on the next Agenda for consideration and action.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the schedule of Summer
Programs and fees for Desert Willow Golf Resort as proposed by Kemper Sports Management. Motion was
seconded by Kelly and carried by unanimous vote.
O. REQUEST FOR APPROVAL of Five-year Measure "A" Program.
Councilman Kelly asked what the Measure "A" local share (35%) totals per year.
Mr. Folkers said he believed it was close to $1 million.
Councilman Kelly stated he noticed the diminishing amount each year and questioned the
reason for the drop each year of the plan.
Mr. Folkers stated that beyond year two there are many variables. He said that this has
become more of a "wish list" than a real solid program. He said each year when they update
the two or three years that are way out, they try to anticipate development which will occur
and require these programs. He stated that the next fiscal year is the most firm, the following
year is not quite as firm, etc., and at the fifth year, there is an anticipation that some of the
things may or may not be in the program. He said the main focus is to make sure that all five
years add up to the amount of revenues available.
Councilman Kelly asked whether there was another stipulation regarding Riverside County
Transportation Commission's (RCTC) approval of Palm Desert's five-year plan and if there
needed to be two years firmly set.
Mr. Folkers responded that this is basically what this was; he said this has to be sent to RCTC
by the May deadline. He added that whatever Council decided to add or delete to the plan and
approve at the last Council meeting in June would be forwarded to RCTC.
Councilman Kelly asked if the five-year tapered down program satisfies RCTC's requirements.
Mr. Folkers replied that their concern is that Palm Desert uses all of its Measure "A".
Councilman Kelly moved to, by Minute Motion, approve the five-year Measure "A" Local Funds
Program for the Riverside County Transportation Commission. Motion was seconded by Spiegel and carried
by unanimous vote.
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V. RESOLUTIONS
None
VI. ORDINANCES
For Introduction:
A. ORDINANCE NO. 874 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, REGULATING THE KEEPING AND CONTROL OF
DOGS AND CATS AND PROVIDING FOR THE CONTROL AND SUPPRESSION OF
RABIES AND REPEALING COUNTY ORDINANCE NO. 630.3 AND ORDINANCE
NO. 716 AS ADOPTED BY THE CITY OF PALM DESERT.
Mr. Conlon provided the report in Mr. Ponder's absence. He said that in 1987 while Palm
Desert was under the Riverside County Animal Control Program, it adopted by reference the
Riverside County Ordinance No. 630.3 and Ordinance No. 716. He stated since that time a
private company, California Animal Care, had been contracted for animal control. He said
the City's ordinance was due for upgrade and that the subject ordinance included language
providing citizens with an avenue of appeal for some of the penalties charged by the
contractor.
Councilman Crites moved to waive further reading and pass Ordinance No. 874 to second reading.
Motion was seconded by Spiegel and carried by a 4-0-1 vote with Councilman Ferguson ABSENT.
B. ORDINANCE NO. 875 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING CHAPTER 2.60 TO TITLE 2 FOR THE CODE
OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE PUBLIC
SAFETY COMMISSION.
Mr. Weller provided the report to Council. He stated in January 1998 the Council moved to
disband the Police Advisory Committee and directed staff to reformat that committee into a
new, comprehensive public safety program. He said with the efforts of Mayor Benson,
Councilman Ferguson, Mr. Diaz, Mrs. Gilligan, Captain Neil Lingle, John McLaughlin, and
he, a total public safety program within the City of Palm Desert was considered-- law
enforcement, fire protection, medical services, and disaster preparedness.
Mayor Pro-Tempore Spiegel asked whether any applicants were presently being considered for
this Commission, as the report in the packets indicated interviews to be conducted within the
next 30 days with the Commission getting underway by July 1.
Mr. Weller said he believed the City Clerk's office had received several applications indicating
interest in the Commission. He said it was his intention to do a complete application process
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as quickly as possible-- sending a complete application package to prospective applicants,
reviewing them, and making a decision for appointments.
Mayor Benson stated that members of the former Police Advisory Committee would be notified
for reapplication to the Public Safety Commission.
Councilman Crites suggested commission member terms of office be modified-- instead of the
two community members at large both serving an initial two-year term, he suggested having
one community at large member and one of the three technical members serve an initial
two-year term with the remaining commissioners appointed to four-year terms. He also stated
the sentence which follows in the body of the ordinance should be corrected to state, "The
membership will be as follows."
Councilman Crites moved to waive further reading and pass Ordinance No. 875 to second reading
with the requested modifications being made. Motion was seconded by Spiegel and carried by unanimous
vote.
For Adoption:
None
—VII. NEW BUSINESS
A. REOUEST FOR APPROVAL OF AMENDMENT TO JOINT POWERS AGREEMENT FOR
COACHELLA VALLEY REGIONAL AIRPORT AUTHORITY (Contract No. C08461).
Councilman Kelly stated that there were some minor changes in the Coachella Valley Joint
Powers Agreement, some changes in responsibility for the area the Authority covers, and
$10,000.00 requested from each city for an operational fund. He went on to say he received
a tour of the airport yesterday, and he felt there is great potential benefit to be realized by the
City by approving this amendment.
Mayor Pro-Tempore Spiegel concurred and added he felt the Thermal Airport is being used
more and more all the time. He said as development continues in the southern Coachella
Valley, including the Salton Sea, it will bring even more people into the Thermal Airport. He
then asked why Rancho Mirage was not included in the list of supporting cities.
Councilman Kelly stated he believed they drew the line at the point of the most interested cities
in closest proximity, he estimated it was a 15-mile radius.
Mayor Pro-Tempore Spiegel asked if the JPA would consider adding the other cities if they
were interested in joining.
Councilman Kelly responded affirmatively.
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Councilman Crites moved to, by Minute Motion, contingent upon the Coachella Valley Regional
Airport Authority extending an invitation to all Coachella Valley cities to participate in the Joint Powers
Agreement: 1) Authorize the Mayor to execute the agreement encompassing changes to the Coachella Valley
Regional Airport Authority Joint Powers Agreement; 2) authorize the appropriation of $10,000.00 from the
General Fund Unobligated Budget Reserve to fund the City of Palm Desert's participation in the Coachella
Valley Regional Airport Authority. Motion was seconded by Spiegel and carried by a 4-0-1 vote with
Councilman Ferguson ABSTAINING.
B. REQUEST FOR APPROVAL OF PRE -OPENING BUDGET FOR THE DESERT WILLOW
GOLF RESORT - SOUTH COURSE.
Mayor Pro-Tempore Spiegel asked if Council had already approved a pre -opening budget.
Mr. Gibson stated the first $1.2 million pre -opening budget was exclusively for the North
Course. He added the subject budget amount was divided between the Redevelopment Agency
portion and the City portion. He said there were a couple of items which had been held for
justification by the Kemper staff for the restaurant, golf shop, and extension of the range area.
He said once this information had been received, it would be up to the City Manager to
determine whether or not appropriate; however, staff has recommended approval of the pre -
opening items presented.
Councilman Kelly moved to, by Minute Motion: 1) Approve pre -opening budget for the Desert
Willow Golf Resort - South Course; 2) appropriate $304,458.00 to Desert Willow Golf Resort - South
Course; 3) authorize payment of the items listed in the attached pre -opening budget. Motion was seconded
by Crites and carried by a 4-1 vote with Mayor Benson voting NO.
C. REQUEST FOR APPROVAL OF WASTELESS LUNCH TABLE ARTWORK
CONSIDERATION.
Mr. Nagus stated this project was a collaboration between the Environmental Conservation and
Art In Public Places programs. He said staff recommended commissioning an artist to create
an interactive recycling/sorting lunch table artwork for three Palm Desert elementary schools.
He said both the AIPP and Civic Arts Committees had been involved with this project, and the
staff report was held until the schools were contacted and had accepted the invitation to
participate in the program— three schools had expressed support for the project. He said there
was a typographical error in the cost breakdown (Section IV of the staff report), the budget is
geared for fabrication of three sculptures instead of the "4" listed.
Councilman Ferguson asked where the tables would be placed.
Mr. Nagus responded they would be placed in the lunch rooms at Carter, Lincoln and
Washington Elementary Schools-- these are the three who expressed their support for the
program of the four schools contacted.
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Mayor Pro-Tempore Spiegel asked if it would be a problem if the fourth elementary school
now decided to participate.
Mr. Nagus replied that once the mold is fabricated and paid for by the City, it is merely the
cost of each additional table. He added if the program is deemed successful, it could be taken
to the middle schools and the high school, etc.
Mayor Pro-Tempore asked if the S.C.R.A.P. (Students Creative Recycled Art Program)
Gallery Group had been involved in this program.
Mr. Nagus answered that S.C.R.A.P. had not been involved because the program entailed
commissioning an artist who had worked on this type of project to work directly with the
children; the project is aimed more at the recycling effort rather than taking materials to make
something else.
Mayor Pro-Tempore suggested that S.C.R.A.P. be informed of the City's intention to proceed
with this program since it corresponds to their efforts, they may want to take the idea
throughout the Valley.
Mr. Nagus stated the goal is to use this program as a prototype with Palm Desert taking the
lead in its initiation.
Councilman Ferguson asked if AB939 credit was received for participation in this program and
if the funds were being expended from this program.
Mr. Wohlmuth responded that credit from AB939 was received for the program but that
AB939 money is not received by the City. He added there are funds collected from the
dropping of the tipping fee from $38.50 to $30.00, but the City has not applied for State grants
other than the used oil grant and other hazardous waste grants. Therefore, he said this would
be coming out of our $8.50 tipping fee.
Mr. Nagus stated this had not yet been discussed; it was looked at only from an Art -In -Public -
Places program standpoint since the City would be commissioning an artwork.
Mr. Wohlmuth stated this program could be funded with the $8.50 tipping fee money.
Councilman Ferguson moved to, by Minute Motion, approve the AIPP and Civic Arts
recommendation of approval which calls for the creation of an interactive wasteless lunch table artwork
project designed by artist Kreigh Hempal for an amount not to exceed $20,000.00 in Tipping Fee funds
Instead of Art In Public Places funds (Contract No. C14530). Motion was seconded by Kelly and carried by
inanimous vote.
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D. BFF TFST FOR APPROVAL OF THE GARDENS ON EL PASEO ARTWORK PROJECT
CONSIDERATION. —
Mr. Nagus noted the staff report contained within the Agenda Packets. He stated both the
AIPP Subcommittee and the Civic Arts Committee had recommended approval of
Madison/Marquette hiring artist Mineko Grimmer to create an artwork for The Gardens on El
Paseo. He introduced Consultant Mary Dolden Veale and Paul Heiss of Madison/Marquette
to the Council. He added that the AIPP Subcommittee created a separate subcommittee to
work with Ms. Dolden Veale to create a preliminary plan for the project; therefore, the project
had received a great deal of interactive support and scrutiny from both committees.
Mayor Benson asked if the artwork would be placed in lieu of Madison/Marquette paying the
AIPP fee.
Mr. Heiss stated his organization believed the artwork to be fabulous for the project. He said
one of the focal points of the project was the space between the buildings. He said that they
had spent a great deal of time with Ms. Dolden Veale developing a landscape program,
fountains, signage, and graphics to enhance the beautiful yet relatively simple buildings. He
felt a balance had been achieved in the environmental nature of the project-- taking it to a
higher level.
Ms. Dolden Veale stated that Ms. Mineko Grimmer is an artist of international reputation who
was very excited about this project. She said Ms. Grimmer had been scouting the landscape
for appropriate project materials, and they felt it would be a wonderful addition to the
streetscape of Palm Desert.
Mayor Pro-Tempore Spiegel moved to by Minute Motion, approve the AIPP and Civic Arts
recommendation for Madison/Marquette to commission artist Mineko Grimmer to create a water feature
artwork project for the Gardens on El Paseo. Motion was seconded by Kelly and carried by unanimous vote.
With Council concurrence, Mayor Benson suspended the Agenda at this point in order to
consider the items of Continued Business, Old Business, and Reports and Remarks. Please see
these portions of the Minutes for discussion and action.
E. INFORMATIONAL ITEMS:
1. Update on Interchanges:
a. I-10/Washington
Mr. Folkers stated the project was proceeding on schedule and staff anticipated
completion prior to July 1.
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2. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore, Business Support Manager, reported on the recent
International Council of Shopping Centers attended by Council members and City
staff last week in Las Vegas. She said conference meetings were attended on topics
of entertainment, food, electronic commerce, urban revitalization, and the hottest
retailers in the market. She said staff also had the opportunity to meet with three
current City developers to review both future plans for their projects and updates on
possible new tenants. She reported staff had visited the booths of 35 retailers for one
of the following reasons: 1) To provide information on the City to tenants not
currently located in Palm Desert; 2) to establish contact with tenants who had signed
leases for locations in the City and to provide assistance with permitting; 3) to
discuss needs for expansion with current City tenants. She said many retailers
attending the conference did not have a booth, but rather than just mail information
to them at a later date, staff sought them out at various hotel locations and dropped
off packages for them at the lobby-- packages were delivered to 28 different
retailers. She said this week their follow up had begun with letters and telephone
calls to various contacts, and at this time they had seen interest from two possible
tenants in the vacant Circuit City location and had referred a new restaurant not
currently located in the Valley to local brokers to begin search for a desirable
location in the City. She. provided to the Council a list of retailers which would be
invited to the City's booth to review the City in more detail at the September
conference held in Palm Desert. (This list was made a part of the record and has
been filed in the office of the City Clerk.) She stated staff will continue to inform
the Council of all progress.
Councilman Kelly asked about the contact process-- City initiating the contact or
retailer initiating the contact, what the percentage of each was.
Ms. Moore said typically the City does most of the initiating, close to 98 % . She
added once given a chance to sit down with the retailer, it is found they are
appreciative of the contact and some become very serious at that time.
Mayor Benson commended Ms. Moore and Ms. Witte for a job well done and the
great effort expended representing Palm Desert at the ICSC.
3. Progress Report on Utility Deregulation
Mr. Wohlmuth reported that on May 21, 1998, the Cove Commission considered the
proposals for utility services. He said they had received one bid which was being
considered in the subcommittee of the Cove Commission; that bidder was
Commonwealth Energy, and their bid was determined nonresponsive. He said the
bid did not offer enough savings, and more importantly, they were savings that any
City resident could receive on their own without the aggregation of the Cove
Commission. He said the other factor of the bid was that it offered a 'h % franchise
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fee which resulted in minimal revenue, regardless of the fact the Commission was
not interested in any of that revenue, and that was one of the priorities of the
Commission in looking at this. He said the Cove Commission determined the
process led this way, no bids were received worth pursuing, but the Commission
asked the subcommittee to continue meeting to look at the issues of Imperial
Irrigation District (IID), what other energy providers may offer., and to track the
initiative which will go before the State in November rolling back the rates even
more due to the stranded costs not being paid to the big three energy providers. He
said the Cove Commission expressed its disappointment with both the process,
AB1890, and the resulting situation for users in the Valley.
Mayor Pro-Tempore Spiegel asked if disappointment was expressed to Henwood
Energy Services for their role in this process.
Councilman Ferguson stated when all was said and done, the greatest thing
accomplished with the investment of money was to be in a position for the Cove to
recommend to all its residents that they proceed very cautiously. He said. they noted
the same proposal was available to residents through Commonwealth without
recommending they take that offer and without commenting on the viability of
Commonwealth. He also noted that only seven weeks of this "restructuring" had
occurred, the Commission unanimously felt that the marketplace would determine
if there was any "meat" to AB1890.
Councilman Kelly noted the bill to be on the ballot in November that would make
the whole issue null and void anyway.
Councilman Crites stated the newspaper had been filled with the "Citizens for
Reliable and Affordable Energy" (a.k.a. Edison and a couple of other utilities) who
had filed with the courts to try to prevent the measure from being on the November
ballot. He asked if the Cove Commission would look at that issue for
recommendation of support for inclusion on the ballot so citizens would have the
opportunity to vote. He noted the large utility companies do not want this on the
ballot so that citizens can undo what appears to be a very poor piece of State
legislation.
Councilman Ferguson said this was discussed, the initiative was given to staff from
all three cities the day before the Cove meeting. He said the financial impacts, etc.,
report prepared by the Attorney General showed impact to local governments in the
tens of millions of dollars, and the Commission asked for analysis of the actual
impact for Palm Desert, Rancho Mirage, and Indian Wells. He said if it works in
favor of the City, it will be discussed at the next Cove meeting.
Councilman Kelly asked for the status of the agreed upon letter to be sent to Palm
Desert residents as a report. He said Councilman Ferguson provided a concise and
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accurate description of the action, and he felt it imperative to provide this
information to the citizens.
With Council concurrence, staff was directed to produce a special edition newsletter incorporating
a headline or other graphic to emphasize its utility information message and including Councilman
Ferguson's report which reviews the utility restructuring issue and its impact for Palm Desert
residents.
4. Progress Report on Desert Willow Clubhouse Facility
Mr. Rudy Acosta, RDA Project Manager, showed a rendering of the Clubhouse
provided by the architectural firm, Dahlin Group, to depict some of the activity as
viewed from the west side of the facility. He said on May 26, 1998, a strategy
workshop was conducted with the architect and contractor to discuss issues of
scheduling and the Art In Public Places requirement. He said a supplementary
workshop had been scheduled for AIPP on June 12 to confer directly with the
selected artist, Mr. Albert Paley. He also noted that of concern to the Council was
the appropriateness of the pro shop square footage, and suggestions had been made
to the architectural firm for expansion of the existing floor space for retail display
within the proposed framework so as not to affect the project budget. He said it is
expected the architect would be back with a solution for approval next week. He
stated that Mr. Ron Gregory had been brought into the design team for his landscape
architecture expertise at the Clubhouse and Maintenance Facility. He also stated
that in the past week he had received several calls from local subconsultants and
subcontractors that the Dahlin Group and Barnhart Group had already contacted to
request interviews and subsequent proposals for invitation to the team, demonstrating
the design/build team's procurement of local contractors and consultants. He said
while it is a tight schedule, the project is on schedule.
Mayor Pro-Tempore Spiegel asked if review of the roundabout had occurred.
Mr. Acosta stated the roundabout had been pulled off of the contractual obligations
of Park West Golf. He said an alternative temporary solution had been submitted,
and they will still work with Public Works to install a temporary connection from
termination of the entry drive north of the golf cart bridge to the driveway entrance
at the Clubhouse parcel. He said they would review proposals on the pending RFP
for the hotel before a decision was made.
Councilman Crites stated that there was some concern of Council regarding the
conceptual art plan from Mr. Paley, but Mr Nagus had informed him that Mr. Paley
(the artist) never saw the conceptual plan; this was the architectural firm's perception
of what they thought Mr. Paley might do. He said therefore, any embarrassment
extended was inappropriate.
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VIII. CONTINUED BUSINESS
A. RESOLUTION NO. 98-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ORDERING FORECLOSURE ACTIONS AND
APPROVING SPECIAL COUNSEL AGREEMENT (Continued from the meetings of
January 22, February 12, February 26, March 26 and April 23, 1998).
Mr. Gibson stated he had provided Council with information from MuniFinancial Services and
their proposal of a new method of delinquency collection. He said it entailed formation of a
Joint Powers Authority (JPA) and MuniFinancial's utilization of a firm under MBIA who
would acquire all of the delinquencies and pay the City full cash value of those delinquencies
thereby meeting the City's bond requirements. He said they would then wait until the County
foreclosed upon those properties in the five-year period of time and save the attorney's costs,
etc. He said the one issue yet to be worked out is the handling of the JPA formation and board
of directors. He stated that MuniFinancial had asked for time to work out all the details of the
proposal and get back to the City by September, which he said is about the time the City
normally proceeds with foreclosure actions.
Councilman Crites moved to, by Minute Motion, table the matter until further review of proposal
made by MuniFinancial Services. Councilman Ferguson stated he would second the motion with the
understanding that the City ceased working with the current law firm which is charging the same rates
proposed to the City in the absence of an agreement, and if assessment district work is needed in the interim,
it is delayed until September or existing City/RDA Counsel is engaged to provide this service. Motion carried
by unanimous vote.
B. CONSIDERATION OF REQUEST FROM THE PALM SPRINGS DESERT MUSEUM FOR
A GRANT-IN-AID IN SUPPORT OF ITS 60TH ANNIVERSARY AND ITS MAJOR FOLK
ART EXHIBITION "RECYCLED/RE-SEEN: FOLK ART FROM THE GLOBAL SCRAP
HEAP" (Continued from the meetings of April 23 and May 14, 1998).
Mayor Pro-Tempore Spiegel moved to continue the matter to the meeting of June 11, 1998. Motion
was seconded by Ferguson and carried by unanimous vote.
C. REQUEST FOR APPROVAL OF THE PURCHASE OF A CNG REGENERATIVE AIR
SWEEPER (Continued from the meeting of April 23, 1998).
Councilman Kelly moved to, by Minute Motion, authorize the purchase of a Tymco Model 600
CNG Regenerative Air Street Sweeper in the amount of $169,932.53 on a sole source basis.
Mayor Pro-Tempore Spiegel asked if bids had been sought for this purchase.
Mr. Folkers responded that this was a unique piece of equipment, and that only one
manufacturer builds a CNG regenerative air sweeper at this time. He noted it was of the same
type that Sunline uses.
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Mayor Pro-Tempore Spiegel stated he spoke with two companies at the ICSC show that both
had sweepers with CNG conversion.
Mr. Folkers said that in staffs investigation it was found the recommended sweeper is the one
which is proven.
Councilman Ferguson asked if this manufacturer had better lighting on the rear of their
sweepers now than some of their earlier models.
Mr. Folkers stated that quite a few enhancements had been made; for instance, the Pony
engines have been upgraded to endure the desert heat. He said staff will ensure the rear of the
unit is properly marked.
Councilman Ferguson said he wanted the rear of this unit to be plainly visible for motorists.
Motion was seconded by Crites and carried by unanimous vote.
IX. OLD BUSINESS
With Council concurrence, Mayor Benson suspended the Agenda at this point in order to
consider Old Business Item F. Please see that portion of the Minutes for discussion and action.
A. REPORT FROM COMMUNITY ARTS MANAGER RELATIVE TO MARRIOTT
COURTYARD AND RESIDENCE INN PROJECT ARTWORK CONSIDERATIONS.
Mr. Nagus stated he had met with Mr. Tim Bartlett to begin discussion on this matter. He said
in his opinion, developers should be encouraged to place artwork within their projects. He
said early estimates of the project reflected approximately $84,000.00 in art fees for the two
hotels. He said there is a restaurant site which will be the most public component of the
project, and he proposed working with the AIPP Subcommittee, as was done with the Gardens
on El Paseo project discussed earlier at this meeting, to guide the developer through the
process. He stated this matter of business will be before the AIPP Subcommittee at the June
meeting.
Council received the report, no formal action was taken.
B. REOUE$T FOR CONSIDERATION OF AIPP RECOMMENDATION RELATIVE TO THE
I-10 ENHANCEMENT PROGRAM/COOK STREET COLOR PALETTE.
Mr. Nagus stated he provided the report in response to Councilman Kelly's request for status
of painting the lizards at the I-10/Cook Street interchange. He said the consultants who are
working on the enhancement program for the entire I-10 corridor, specifically for Palm
Desert, asked that enhancement of the lizards at Cook Street be postponed in order to
incorporate their color scheme within the color palette of the entire program. He added that
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the corridor palette would be developed and considered by the AIPP Subcommittee in June for
approval and considered by Council hopefully in July.
Councilman Crites asked if the lizards would be a priority for the corridor work.
Mr. Nagus said that the City's desire to complete the lizards at the Cook Street interchange
first in the program had been conveyed to the consultant.
Council received the report and concurred with the recommendation made by Mr. Nagus.
C. REQUEST FOR APPROVAL OF ALL -WAY STOP CONTROL ON WARNER TRAIL.
Mr. Folkers stated that as presented at the last meeting, two components were discussed-- one
was engineering and the other was enforcement. He said staff is proceeding with procurement
of proposals from four consultants to study the entire one and one-half square miles of the
Palm Desert Country Club (PDCC) and hoped to be back to Council with the information in
the near future. He said as Council would recall the issue brought before it recently regarding
turn prohibitions at Hovley Lane East and Kansas Street (South Leg), staff had been awaiting
response from the PDCC Homeowners' Association with regard to this issue. He said
subsequently a letter was received indicating PDCC HOA's desire for the City to proceed with
the left turn prohibition for northbound Kansas to westbound Hovley Lane. He said it is staff s
recommendation that the consultant study this specific intersection along with the entire area
rather than proceeding.
Mr. Diaz stated that initiation of the enhancement program for traffic control in this area was
underway.
Councilman Ferguson noted the request was for approval of an all -way stop, but the
recommendation was to include Warner Trail in a traffic study.
Mr. Folkers replied that the studies which had been conducted indicated all -way stops were
unwarranted, per the California Traffic Manual.
Councilman Ferguson asked if this meant staff was not requesting action on installation of an
all -way stop at this time but reconsideration following the independent study of the entire area.
Mr. Folkers responded affirmatively.
Mayor Pro-Tempore Spiegel stated Council received numerous letters from residents of
Warner Trail concerning their desire for a stop.
Councilman Kelly stated he had also received several telephone calls on this issue; however,
he was unable to successfully return the calls prior to this meeting. He said he wanted to
continue the stop sign portion of the issue to the next meeting, and in the meantime he would
be able to return calls to those persons.
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MR. DAVID SIMMONS, 43-622 Warner Trail, Palm Desert, stated his neighborhood
continues to advocate traffic control on Warner Trail. He said he was unsure of the portion
north of Robin, where numerous side streets were available to implement stop signs; however,
south of Robin to Fred Waring there were absolutely no side streets-- this is the fastest portion
of Warner Trail, he believed it had been clocked at nearly 43 miles per hour as the average
speed. He said with the study taken into account, anything which can be done to slow the
traffic at this time would be appreciated. He stated consideration should be given to the two
schools in the neighborhood, one at the corner of Warner Trail and Fred Waring and the other
on the corner of Robin, when the decision is made.
Councilman Ferguson stated his concern for the issue and the neighborhood residents;
therefore, he said he had asked Mr. Diaz to provide a briefing on measures to be undertaken
in the period prior to the study.
Councilman Crites stated he had made a visit to the neighborhood this morning-- he was
driving the posted speed limit and was passed by someone who went speeding right by him
then in another 300 yards turned into their driveway on Warner Trail.
MR. SIMMONS said certainly some of the residents contributed to the problem as well.
Mr. Diaz stated that based upon Council's direction, within the next six days increased traffic
control and enforcement would occur on three streets in the City-- Warner Trail being one of
them and the program would continue until the study was completed.
Councilman Kelly stated that the control and enforcement will be more than increased-- it will
entail more than has been done before anywhere in the City.
MR. SIMMONS said he had noticed, possibly coincidentally, an increased police presence on
his street this week. He said when police are present, traffic slows, but as soon as they are
gone, traffic resumes its bad habits.
Mr. Diaz said that Council had also directed review of the situation for the long term as well.
Mayor Benson stated that Council understood the problem the residents had and would continue
to work for a solution here.
Councilman Crites stated the Council had committed a "significant monetary commitment for
personnel on this plus two other streets."
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize inclusion of Warner Trail in
he neighborhood traffic enforcement program while the Palm Desert Country Club Traffic Study is in
)rogress, with continuance of the all -way stop portion of the matter to the meeting of June 11, 1998. Motion
was seconded by Kelly and carried by unanimous vote.
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D. REPORT FROM PUBLIC WORKS DIRECTOR RELATIVE TO PALM DELL ESTATES
NEIGHBORHOOD TRAFFIC PLAN.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, continue the item to the 7:00 p.m.
portion of the meeting. Motion was seconded by Crites and carried by unanimous vote.
At 7:08 p.m., Mr. Folkers stated that a meeting with the neighborhood residents, Mr. Diaz,
Mr. Mark Greenwood, Transportation Engineer, and he took place May 13, 1998. He said
Mr. Diaz did an excellent job of presenting the City's approach to the issue; it was a congenial
meeting and certain recommendations came out of the meeting which were presented in the
report to Council. He said as a result of the meeting, it was believed consensus was reached
for closure of Fairhaven and Adonis north of Fred Waring, Acacia would be opened, and a
median modification on Fred Waring between the eastbound and westbound lanes at Acacia
would be constructed. He noted the report was extensive and additional comments from the
citizens had been received and distributed. He said the proposal made as a result of the
May 13 meeting was put into a map format and sent to all neighborhood residents with a letter,
and staff believed all had been informed of the situation.
Mayor Pro-Tempore Spiegel asked if a couple of additional stop signs which had been
recommended had been included in the plan.
Mr. Diaz stated at the meeting a four-way stop at Arboleda and Acacia was proposed as
opposed to the existing two-way stop. He said when he discussed the issue with Mr. Folkers
today, it was determined the corner did not meet warrants for a four-way stop sign at this time.
Councilman Kelly stated he believed in placement of stop signs to help control traffic rather
than closing streets, but he said if Acacia met warrants at Arboleda, he did not believe it.
Mr. Folkers stated when the study was completed some time ago, the analysis indicated stops
for northbound and southbound Acacia; however, he said they did not have the information for
reference at this meeting. He said when they applied the analysis from the traffic manual for
a four-way stop, it was not warranted.
Councilman Kelly questioned since the whole pattern had been changed due the streets being
closed, how the analysis of a traffic study conducted prior to the closure could be implemented
after.
Mr. Folkers stated in some cases the stop signs had been reversed, and this could be a situation
worth investigating.
Councilman Kelly said Mr. Diaz met with a constituent who requested a four-way stop there,
and the constituent was under the impression that this would be done.
MS. DIANA LAMAR, 43-827 Acacia Drive, Palm Desert, stated she wanted to thank all the
Council members for their kind attention and devotion in this matter. She said the issue had
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really divided the community, but if the residents could live with it, perhaps they would have
`— to. She stated in answer to Councilman Kelly's question, there is a tremendous amount of
traffic which comes off Monterey to avoid the light at Parkview-- she said it is not just the
businesses, that traffic usually uses Monterey. She noted the cars come in northbound on
Monterey, turn onto Arboleda, go northbound to Parkview and proceed westbound on
Parkview. She said the people who lived on that corner petitioned the City years ago due to
the speed of the traffic coming off of Monterey-- it did not always slow enough to maintain a
normal right turn lane, it crossed into the oncoming traffic lane. She asked when traveling
eastbound on Fred Waring if a left turn could be made onto Acacia.
Mr. Folkers answered that with the median diverter on Fred Waring, yes.
MS. LAMAR asked Mr. Folkers if traffic southbound on Acacia would be able to make a right
turn onto Fred Waring.
Mr. Folkers responded affirmatively.
MS. LAMAR asked if it would be possible to post a speed limit sign in either direction on
Acacia to alert the drivers of a reduced speed zone.
MR. JAMES LEWIS, 43-210 Silk Tree Lane, Palm Desert, stated he was opposed to the
recent proliferation of four-way stops, left turn signals and street closures. He felt the City's
creation of gated communities without gates was not in the best interest of Palm Desert. He
said restriction of street use to commercial traffic is understandable. He said the rules of the
road take into consideration neighborhoods, schools, and commercial area use and provide
safety for neighborhood children but felt the public had lost its respect for this practice. He
said his own street is between Deep Canyon and Portola, near Abraham Lincoln Elementary
and Palm Desert Middle schools, which carried much schooltime cut -through traffic, yet he
would not propose closure. He asked if speed bumps could be considered for his
neighborhood.
MR. SHERM SMITH, 74-075 El Paseo, Suite A-8, Palm Desert, stated he was speaking on
behalf of Mr. Ostrow who owns the 10-acre parcel with frontage on Parkview and 500 feet of
frontage on Fairhaven. He said after being involved with the issue over the past few months,
he was representing himself because as a resident of Palm Desert he felt the closure of
Fairhaven was a mistake. He said everything the Palm Dell group had done effected no impact
to eliminate unwarranted through traffic in their community. He proposed Fairhaven as a
through street to Parkview becoming the main access road between Parkview and Fred Waring
and closure of both San Juan and Arboleda where they terminate at Fairhaven. He felt this
would be less visually offensive than the barricades along Fred Waring. He stated these
measures would be more conducive to the development of the 10-acre parcel on Parkview and
more convenient for the parishioners of the two churches in the neighborhood.
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MR. SHAW, 43-663 Acacia, Palm Desert, stated he was opposed to the recommendation
before the Council. He said traffic was still cutting through the neighborhood, and the
proposed closures would only force more traffic onto his street.
MR. KEN SAVAGE, Pastor of the University Baptist Church, Palm Desert, stated he was
opposed to the street closure proposal.
The following persons spoke in FAVOR of the recommended closures of Fairhaven and Adonis and
median modification on Fred Waring:
MS. BEVERLY VORWALLER, 72-875 Parkview, Palm Desert.
MS. JEANNIE ALBALADEJO, 72-775 San Juan, Palm Desert.
MS. JUDY ROGERS, 43-840 Fairhaven Drive, Palm Desert.
MS. ELLEN DREYER, 43-824 Adonis, Palm Desert.
MS. VALERIE MALONE, 43-805 Monterey, Palm Desert.
Mr. Folkers stated the proposal was based upon the 1985 Palma Village Plan intended to
provide some relief for residents along major thoroughfares. He said the closure of Fairhaven
south of Parkview was called for in the plan, was accomplished, and reopening the street
would be contrary to the plan. He said it was never intended that this neighborhood would be
isolated as far as study; he said that based upon the remarks made here, staff would review the
request for the four-way stop at Arboleda and Acacia and the speed limit signs. He said they
would also review some other options for relief on Acacia. He said the project for
improvements at Fred Waring and Monterey was out to bid and hoped considerable
improvement and traffic relief would be realized by this neighborhood. He added that
regarding the request for undulations in the Silk Tree area, adequate site distance and signage
must be present for motorists prior to their encounter with an undulation. He said in the
neighborhood of Acacia, the small distances made it difficult to install undulations there
properly, but that staff would review the situation again. He said staff was concerned by
comments that the streets were closed to the public-- they were open to the public and would
continue to be open for the public on San Juan to Parkview, Acacia at Parkview, and Arboleda
to Monterey. He said per the recommendation, Acacia at Fred Waring would also be open
while precluding north and south traffic and north and south left turns. He said in its
recommendation staff followed a plan to provide neighborhood continuity and tranquility, as
prescribed in 1985, while impacting other people as little as possible. He said emergency
services traffic would not be restricted to the degree which had been indicated; the street
barriers would have locks or devices which are easily accessible by emergency services. He
concluded by stating staff stood by the recommendation. He said the process would include
the City Attorney in order for proper procedure to be followed. He said staff intended to
install a steel barrier of the type installed near the YMCA building, and staff would ensure an
aesthetic complement to the neighborhood.
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Councilman Ferguson stated while he did not personally support the proposal being made, he
appreciated the effort made in achieving consensus by the majority of the neighborhood
residents.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve staffs recommendation for
street closures on Fairhaven Drive north of Fred Waring Drive and Adonis Drive north of Fred Waring
Drive; 2) approve a median modification at Fred Waring Drive and Acacia Drive to prevent northbound and
southbound left turns. Motion was seconded by Benson.
Mr. Erwin stated the action was a resolution action.
Mayor Benson called for the vote. The Motion carried by a 3-2 vote with Councilmen Ferguson and
Kelly voting NO.
With Council concurrence, Mayor Benson recessed the meeting at 7:56 p.m. in order for Palm Dell
Estates residents to exit the Chamber. She reconvened the meeting at 8:04 p.m.
E. REFERR.AL, OF WALGREENS PROJECT TO PLANNING COMMISSION PURSUANT TO
MUNICIPAL CODE SECTION 25.84.080 AND CONSIDERATION OF REFERRAL TO
ARCHITECTURAL REVIEW COMMISSION TO ADDRESS DESIGN CONCERNS
(Case Nos. CUP 97-16 and C/Z 97-13).
Mr. Drell noted that Zoning Ordinance Chapter 25.84.080 referred to Council action on
change of zones which required referral back to the Planning Commission for report. He said
therefore, the Planning Commission had scheduled review of the issue. He said as part of that
referral, they would like Council's concerns which dealt with the architectural aspect of the
project and the possibility of referral back to the Architectural Commission.
Councilman Crites asked if a revision of this ordinance could be brought to the Council, unless
there was an overwhelming reason for retaining it in the Municipal Code. He said he did not
know what purpose was served by referral of a project back to Planning Commission after its
denial by Council; he said obviously this purpose had not been served very often in the City's
history, and that it should not be done in the future.
Mr. Erwin stated he did not know why it was done either. He believed this provision was
included in the initial zoning ordinance prepared by a consultant in 1975.
Mayor Pro-Tempore Spiegel stated the areas of concern were easily found in the Minutes of
the last Council meeting.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, refer Case Nos. CUP 97-16 and
:/Z 97-13 to the Architectural Review Commission (ARC) (in addition to referral to Planning Commission
--per Code) with direction regarding areas of concern. Motion was seconded by Ferguson.
Councilman Kelly asked if Councilman Crites' request was included in the motion.
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Mayor Pro-Tempore Spiegel amended his motion to include direction to staff to return to Council
with an amendment to the zoning ordinance which would eliminate the process for referral back to the
Planning Commission, as described in Councilman Crites' comments.
Councilman Crites asked if the ordinance also required referral of a project back to the ARC.
Mr. Drell responded negatively.
Councilman Crites stated he would vote to do what the ordinance said, but he would not vote
to send it back to ARC when he did not believe the architectural issues were the substance of
the reason for denial of the project.
Mayor Pro-Tempore Spiegel stated as he understood it, if the project returns to the Planning
Commission and it is again approved, it will come back to the Council.
Mr. Drell responded affirmatively.
Mayor Pro-Tempore Spiegel stated there were some concerns by he and Councilman Ferguson
regarding the architecture, but that they voted in favor of the project, and the vote was 2-3.
He went on to say the Council had opportunity to elaborate on the reasons for their vote. He
stated that perhaps some of those reasons had been mitigated; and if in fact they were mitigated
and it would come back to Council anyway, he wanted ARC to review it again as well.
Councilman Ferguson stated he seconded the motion because the ordinance says "shall"— there
was no discretion whatsoever, which made him wonder why it needed a vote.
Councilman Crites stated he did not have any objection to sending it back to the Planning
Commission, but that he did not see a reason for referring it to ARC, and he intended to vote
against it. He said if it fails, he would offer a substitute motion to send it back to the Planning
Commission only.
Councilman Ferguson said it was his desire to provide the applicant with every opportunity to
work with those who voted against his project to produce a solution, and if that involved ARC,
so be it.
Councilman Kelly noted this had to do with change of zone and not the project.
Mr. Diaz responded affirmatively. He said the change of zone automatically returns to the
Planning Commission for comment.
Councilman Kelly said it is not the project which returns, it is the change of zone-- the project
was not approved, and it has to go through the required length of time to come back to the
Council. He added he felt the motion was improper. He asked about the length of time for
a project to return after it has been denied by the Council.
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Mr. Erwin responded that on a change of zone the period is one year. He answered that for
a project, he would need to research a Conditional Use Permit to determine exactly the length
of time and report back to Council.
Councilman Kelly said he interpreted this as a change of zone and referral was mandatory for
a denial. He said the Council all provided reasons for their action, and the project was not
approved.
Councilman Crites asked the City Attorney if the motion on the floor was a motion in the spirit
of Municipal Code Chapter 25.84.080.
Mr. Erwin stated the section referenced did not require a motion of the Council; the change
of zone aspect of the item should automatically return it to the Planning Commission.
Councilman Crites clarified by stating this item was a request to make other action in addition
to the mandatory referral to Planning Commission.
Councilman Kelly stated it sounded like a request for reconsideration, of which someone who
voted on the majority side of the vote had to move for reconsideration.
Mr. Erwin stated Council's rules required a request for reconsideration, if that was the case,
to be made at the same meeting.
Councilman Crites stated he felt it only proper that the motion made be voted upon.
Mayor Benson called for the vote of the motion on the floor.
Councilman Kelly noted the only thing being voted upon was a variation of direction from
what was already prescribed by the ordinance.
Motion was defeated by a 2-3 vote with Councilmen Crites, Kelly, and Mayor Benson voting NO.
Mr. Erwin noted for the Council that the motion just defeated included the proposed
amendment to the ordinance.
Councilman Crites moved to, by Minute Motion, direct staff to draft an amendment to the ordinance
eliminating the subject process. Motion was seconded by Benson and carried by a 4-1 vote with Mayor
Pro-Tempore Spiegel voting NO.
F.TUS REPQRT FROM "SAVE THE RINK".
MS. SANDRA WRIGHT, 10 Florence Lane, Palm Desert, served as the spokesperson for the
"Save The Rink" Committee. She stated the group had made a three phase assessment of their
concerns: 1) Immediate situation of the current facility; 2) mid-term solution; 3) long-term
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goals for an ice rink facility. She said their immediate focus had been to keep the current
facility open after May 31, and to that end they have been working with Trizec-Hahn who has
been making every effort to facilitate the continued operation of the ice rink until November
or December. She said that although the details had not been worked out, they believed they
would be able to achieve this goal. She said there were still challenges in the area of
management and certain equipment; she said if they had chosen, Ice Chalet could have eased
the transition resulting from the short notice to close the facility. However, she said to date
they had refused to respond to the group's request to extend their departure date or temporarily
lend or lease the equipment to the rink group. She added some of this was still pending, and
the group hoped for a possible positive resolution to the situation.
MS. WRIGHT stated that for the mid-term solution, the group had contacted several
contractors and consultants regarding the construction of a temporary or a permanent facility.
She noted that Michael Kirby had obtained a number of estimates for temporary facilities and
structures, and she offered these could be identified and submitted under separate cover. She
said that their biggest challenge was to find a solution before the closure of the current facility.
She added with regard to the formation of a committee which the Council asked be formed,
they had been in touch with every city in the Valley and had dialogs ongoing with three cities.
She said they wanted to find out who their Palm Desert representative would be, with hopes
that representative would be appointed at this meeting.
Mayor Benson responded that it was Council's intention, as was stated in their meeting with
the group, to appoint its representative once the whole committee was in place.
MS. WRIGHT went on to say the group's primary efforts had been occupied by the resolution
of the immediate emergency situation. She said they had not really focused on the potential
significance to their community and to Palm Desert of a regulation sized ice facility. She said
there were currently six hockey teams, three of which are able to play at Ice Chalet, three are
not-- they practice at the facility but are unable to play there. She said because of that fact,
the local teams spend approximately $40,000.00 on ice time alone in Riverside-- this was
money that could be spent here. Additionally, she said the current program would expand
significantly if regulation ice were available-- national hockey teams could be attracted to our
city to train and enjoy the other benefits our community has to offer. She noted that many
figure skaters, both professional and amateur, are avid golfers. She said the current facility
did not offer these possibilities and never would. She said world class tennis athletes and polo
players come to the desert too, and it would be very easy to overlook the possibilities of
attracting world class figure skating athletes to the desert if only there were a regulation sized
ice rink available.
MS. WRIGHT stated she would address the issues for figure skating, amateur and
professional. She said even with their current facility, there were two figure skating
organizations that used it. She said one is ISI (Ice Skating Institute, primarily recreational),
and even with the limited scope of the current facility, the Palm Desert Ice Rink had been the
site of the largest ISI competition in Southern California— every November 900 families
gathered here to participate bringing with them skaters, friends, coaches, and families-- some
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spend several days here, some spend a week here. She said the other organization is their
amateur competitive organization, the USFSA Club, known to them as the Palm Desert Figure
Skating Club. She said the current facility had precluded any USFSA competitive events--
USFSA required regulation sized ice for these events as well as USFSA fundraising
exhibitions. She said the cost to the community has been difficult to quantify since it has not
had the opportunity to participate in such events. She stated that not only would the
community be able to host more events, but their group was aware of more than a few
nationally known, amateur figure skaters, their coaches and families who would like to relocate
in the desert, but could only do so with the availability of full size ice. She also stated that
even with the current small facility, Palm Desert had become the home of Eric Mio, former
French national champion. She stated that adequate seating is another issue; with such, an ice
rink could host large shows and competitions that would not only receive national attention but
would also draw untold numbers to the community.
MS. WRIGHT stated that while not all have been counted, to date they have over 11,000
signatures. She said of these, a significant portion are Palm Desert residents so this is an issue
with widespread support from the entire Valley. She said in light of the fact that several
contractors have expressed interest in building a regulation sized facility including adequate
seating, she asked if this was something Palm Desert would like to have in its community. She
said that in the course of the group's research, they understood from the Economic
Development Committee that in terms of revitalizing the mall, the City is appropriating
upwards of $10 million to assist with this project. She went on to say the mall has offered
support in the fact that they have proposed a portion of what they call their "North Forty"
parking area for the purposes outlined, and it was the group's hope that the City would assist
in some funding of: 1) Management transition of the current facility; 2) construction of a
facility which would offer a long term solution benefitting not only their group by the entire
community.
Mayor Pro-Tempore Spiegel asked how many people had been assigned to the Committee from
each of the three cities and how many people were being requested from the City of Palm
Desert.
MS. WRIGHT said she understood there would be one appointee from each city, of the three
they had made contact with, the others had not yet responded to date. She said they had
contacted all Valley cities.
Mayor Pro-Tempore Spiegel suggested that Mr. Jeff Winklepleck of the Community
Development Department be appointed to the Committee as the City's representative now that
it was apparent the Committee was taking shape. He said Mr. Winklepleck could bring his
expertise in the area of parks and recreation to the group.
Councilman Ferguson concurred with Mayor Pro-Tempore Spiegel's comments, and he added
at the meeting called between the Mayor and key supporters of the group, phases of the
problem were discussed-- short term, keeping the rink open for a short period of time; near
term problems, getting a temporary facility until a permanent facility can be built; and long
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term, securing a permanent facility. He added he would like to see Palm Desert participate
by making an appointment to the Committee at this meeting as he felt doing so would assist in
the outcome.
MS. WRIGHT stated their group would appreciate this.
Mayor Benson stated she had no objection to Mr. Winklepleck's appointment to this
Committee.
Mayor Pro-Tempore Spiegel moved to add this item to the Agenda. Motion was seconded by
Ferguson and carried by unanimous vote.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, appoint Mr. Jeff Winklepleck of the
City's Community Development Department to the "Save The Rink" Committee. Motion was seconded by
Ferguson.
Councilman Crites asked that a progress report from the "Save The Rink" Committee be added to
all subsequent City Council Agendas as a part of Mayor Pro-Tempore Spiegel's motion. Council
concurred.
Motion carried by unanimous vote.
With Council concurrence, Mayor Benson recessed the meeting for two minutes in order for
audience members assembled for the "Save The Rink" report to exit the Council Chamber prior to
further Agenda consideration.
X. REPORTS AND REMARKS
A. CITY MANAGER
Consideration of Assembly Bill 2065 (Cardenas)
Mr. Diaz stated Mr. Janes was available to answer any questions and that staff had
recommended opposition to this measure which concerns home occupations.
Councilman Ferguson stated he disagreed with staff's recommendation. He said the
Mayor, the former executive director of the Palm Desert Chamber of Commerce,
and he spent some time studying home based occupations and their relation to the
land use ordinances regulating their use. He said nothing he read in the bill affected
the City's ability to regulate the land use of home based businesses-- it simply said
these people did not have to come to the City to pay a license fee. He said was in
favor of reducing taxes for persons who worked out of their home, particularly
since the aggregate net down side for the City was only $20,000.00.
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Councilman Kelly stated he felt the City should not make reference to loss of
revenue since this was not the purpose of its regulation of home based businesses,
it was done to control the environment.
Councilman Ferguson stated this was controlled by way of the zoning ordinance on
home based businesses. He said he was all for free enterprise and home based
businesses flourishing.
Mr. Diaz stated the reason the City had the permit process was to find out where
these businesses were located. He said if the City wished to issue a free permit it
could do so, and he recommended amending the current ordinance to reflect this.
He said the issue here was really about the State's involvement in local land use
issues. He said staff believed opposition to the bill should be based upon the City's
desire to make its own regulations for its locality.
Councilman Crites said any bill which took away the City's ability to have control
as it sees fit should be opposed.
Councilman Ferguson stated that in their research on home based businesses, it was
much ado about nothing-- people were going to work out of their home, but if they
had excessive employees or created a disturbance, it could be handled through the
existing zoning ordinance. He did not feel it fair to force a retiree who did typing
or knitting, etc., on the side to come to City Hall and pay a business license fee just
to obtain their address, which was the only control gained by the fee.
Mayor Pro-Tempore Spiegel stated without this procedure, the City had no
knowledge of their existence and what about an adult bookstore in someone's home.
Councilman Ferguson stated the comprehensive zoning ordinance review found an
ordinance could be passed, but people would continue to work out of their homes
whether or not the the ordinance was passed. He said the committee tried to address
the issues such as a resident doing garage mechanic work or other such enterprise
which impacted the neighborhood, the ordinance would allow control of these issues.
He added AB2065 speaks only about the City's ability to tax home based businesses
through business licenses.
Mayor Pro-Tempore Spiegel said the Chamber of Commerce was developing a
program for home owned businesses and soliciting membership for business referral.
Councilman Ferguson said he thought this was great, the City could even assist with
the registration, but he did not want to tax these businesses. He said his preference
would be to do nothing on this legislation.
Councilman Kelly stated the City's opposition to legislation should be saved for those
measures which had a significant impact on it.
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Councilman Ferguson moved to take no action on AB2065. Motion was seconded by Crites and
carried by a 4-1 vote with Mayor Pro-Tempore Spiegel voting NO.
2. Report on Assembly Bill 1776 (McClintock)
Mr. Diaz stated the measures to do away with the vehicle in lieu tax had been
eliminated at this point; however, as was stated in the meeting held at CVAG with
Assemblyman Battin and Senator Kelley's representative, this issue would come
back. He said staff recommended review of the proposed amendments to the
constitution which are still out there-- ACA45 and ACA42 to protect the City's
funding from the State. He stated a meeting of the City's Legislative Committee had
been requested to evaluate both amendments and return to Council with a
recommendation.
Councilman Kelly stated there was much discussion at the meeting at CVAG. He
said Assemblyman Battin felt very strongly that the "No" position taken by the City
excluded it from any further bargaining to occur. He noted the example of last
year's ERAF issue, which the Governor vetoed, resulting in the City's getting
nothing, and he agreed with Assemblyman Battin that this would go the same route.
He stated he felt the League of California Cities had taken the wrong position as had
the City-- the resolution passed at the last meeting was the wrong position.
Councilman Ferguson noted the resolution passed at the last meeting was the right
position; however, the resolution was drafted the wrong way-- it was just an
unqualified opposition which it should not have been. He noted that the Council
directed opposition to the bill only if the backfill was not obtained with an amount
of security equal to or greater than that already existing with the vehicle license fee
program.
Mayor Benson asked if it was possible to amend the resolution drafted after the last
meeting to include the support for this bill.
Councilman Kelly said he felt the City should clarify its position with its
representative in Sacramento and also send a strong letter to the president of the
League of California Cities explaining the City's concern for the hard line position
they had taken which would exclude them from further bargaining.
Councilman Crites stated he understood that this proposal had just died in the
Assembly.
Mayor Benson said the day's paper stated the bill had been passed over; however,
action was not taken to kill it.
Mr. Diaz stated the bill was dead for now, but it would come back. He said the
important thing now was to look at the amendment which would guarantee backfill--
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whether it were vehicle license fees or anything else. He said the Legislative
Committee would be studying both amendments proposed, one by Assemblyman
McClintock and one by Assemblyman Aguilar, so that the best position could be
taken. He said with regard to the resolution from the last meeting, a letter would be
drafted indicating the City's main concern was backfill.
Councilman Crites stated we should press our Assemblyman for recognition of the
backfill issue on a broader scale-- incumbent upon eliminating local revenues was a
guaranteed method of replacement for these funds when the State chooses to take
them away whether it be vehicle license fees or any other such issue.
With Council concurrence, staff was directed to send letters incorporating the points discussed
to State representatives and the League of California Cities.
B. CITY ATTORNEY
Mr. Erwin requested a Closed Session for the listed items at an appropriate time.
1) Request for Closed Session:
2) Report and Action on Items from Closed Session Made at This Meeting.
Conference with Real Property Negotiator pursuant to Section 54956.8:
1) Property: Southwest corner of Highway 111/San Pablo Avenue
Negotiating Parties:
Agency: City of Palm Desert/Ramon A. Diaz and Phil Drell
Property Owner: Alan Nyman
Under Negotiation: Price .2 Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to Government Code
Section 54956.9(a):
a) City of Palm Desert v. REFCO Capital Corporation, et al., United States District
Court, Central District, Case No. CV92-7632
b) City of Palm Desert v. Western Waste, Riverside County Superior Court, Case
No. 090744
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NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED
72 HOURS PRIOR TO THIS MEETING:
c) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles
Superior court Case No. BC106461
Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases: 4
C. CITY CLERK
None
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Environmental Enhancement and Mitigation Program (EMP) - AB 1657
(Murray) - Councilman Buford Crites
Councilman Crites moved to add this item to the Agenda. Motion was seconded by Ferguson and
carried by unanimous vote.
Councilman Crites stated this was a program that the City had used through
CalTrans on a number of projects. He said he had asked Mr. Drell to calculate
how much benefit had been received from it in the recent past. He went on to
say that this was a ten year program which was now up for renewal.
Mr. Drell stated the renewal was for four more years at a total of $10 million.
He said this measure had been used in the past and could be in the future to
implement a lot of the City's open space-- habitat conservation planning which
would occur in the next four years.
Councilman Ferguson concurred with Councilman Crites' interest in and
support of the bill. He said this bill provides benefits to Palm Desert for the
current open space within its sphere, and he felt it worth supporting.
Councilman Ferguson moved to, by Minute Motion, support AB 1657 (Murray). Motion was
seconded by Crites and carried by unanimous vote.
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2. Earkview Office Complex Tenants - CVAO Conference Room -
Councilman Jim Ferguson
Councilman Ferguson stated he wanted an update on the status of the CVAG
Conference Room remodel and its bearing on the tenant situation at the office
complex.
Mr. Erwin stated a property lease matter required Closed Session consideration.
Councilman Ferguson moved to add this discussion to this meeting's Closed Session Agenda. Motion
was seconded by Crites and carried by unanimous vote.
o City Council Committee Reports:
1. Report on SB1651 (Polanco) Councilman Crites stated CVAG's Energy and
Environment meeting today reviewed the Polanco bill on leaf blowers. He said
there were two parts to the bill, the first part being a Statewide decibel level,
which generated no opposition. However, he said the second part of the
proposed legislation would abolish all existing ordinances regulating the time,
place, etc., for use of leaf blowers. He added that future restrictions would
then only be allowed by ballot measures, not by local governing bodies. He
said the opposition resulted from the State's abolishment of established local
regulations, and the placement of these issues on a ballot for which the locality
would then be fiscally responsible. He offered to bring the materials regarding
this bill to the 7:00 p.m. session of this meeting if the Council so desired.
Mayor Benson asked what the CVAG Energy & Environment Committee did
on the bill.
Councilman Crites stated their suggestion was for individual cities to comment
negatively on the part of the bill that abolished established regulations and the
restriction of a local governing body to take its own action.
Councilman Kelly said he was interested in the information and asked if there
was a loophole in the City's current leaf blower ordinance. He noted two
recent incidents where he was a patron of a local business and found himself in
the midst of an intense dust cloud while a maintenance person was using a leaf
blower during regular business hours. He said the noise was not the issue, he
was unable to breathe. He asked if the current ordinance regulated a particular
distance from windows, doorways, etc., and whether operation could occur
during regular business hours while the public was present.
Mr. Conlon answered this issue was not addressed in the current ordinance.
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Councilman Kelly said he believed it should be addressed.
Councilman Crites said SB1651 would dictate that this type of regulation would
have to be placed on a ballot.
Councilman Ferguson asked how many people had applied for and been granted
a permit for their leaf blowers and how many code citations had been issued for
failure to comply with the ordinance.
Mr. Conlon stated to his knowledge, no citations had been issued. He said
approximately 12 warnings had been issued regarding violation of hours. He
said no one had applied for a permit.
Councilman Ferguson asked of the 12 warnings which had been issued, how
many of those warned had a permit and/or decal authorizing use of the leaf
blower.
Mr. Conlon answered the current program did not require a decal display for
individual leaf blowers. He stated the current program regulated the decibel
standards; however, this had not been the problem for the City. He said it has
mainly been the hours of operation that were problematic.
Councilman Ferguson stated that either no problem existed and the current City
ordinance was unnecessary, or the ordinance was going unenforced.
With Council concurrence, Mayor Benson asked Councilman Crites to bring back
the aforementioned material for discussion during the 7:00 p.m. portion of this
meeting.
Upon a motion by Crites, second by Ferguson, and unanimous vote of the Council, Mayor Benson
adjourned the meeting to Closed Session at 6:11 p.m.
Mayor Benson reconvened the meeting at 7:08 p.m.
XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
Old Business Item D, and Reports and Remarks - City Council Committee Reports were
considered during the 7:00 p.m. portion of the meeting. Please see individual items for
discussion and action.
XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None .._.
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M. PUBLIC HEARINGS
A. REQUEST FOR CONSIDERATION OF THE FORMATION OF THE PRESIDENT'S
PLAZA BUSINESS IMPROVEMENT DISTRICT.
Mayor Benson said she thought there was an assessment district in the President's Plaza.
Mr. Gibson stated that in the compliance review conducted by MuniFinancial Services
following Proposition 218, it was determined that the President's Plaza area required a new
district.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of or OPPOSED
to the request. With no testimony offered, she declared the public hearing closed. No Council
action was required nor taken on this matter.
XIV. ORAL COMMUNICATIONS - B
None
XV. ADJOURNMENT
-- Councilman Crites moved to, by Minute Motion, direct the Mayor to send a letter of opposition to
the components of SB1651 (Polanco) which would restrict the ability of local government to regulate a matter
of local interest and would repeal the existing local ordinances. Motion was seconded by Kelly and carried
by a 3-1-1 vote with Councilman Ferguson voting NO and Mayor Pro-Tempore Spiegel ABSENT.
Upon a motion by Benson, second by Spiegel, and unanimous vote of the Council, Mayor Benson
adjourned the meeting to Closed Session at 8:07 p.m. She reconvened the meeting at 8:45 p.m. with no
action announced from closed session.
With Council Concurrence, Mayor Benson adjourned the meeting at 8:45 p.m. to an adjourned joint
meeting of the City Council and Redevelopment Agency Board on Monday, June 1, 1998, at 8:00 a.m. for
the purpose of holding a Closed Session.
ATTEST:
-SHEILA R. GILL -I AN, CITY ERK
CITY OF PALM DESERT, C IFORNIA
WAN K-BENSON, MAYOR
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