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HomeMy WebLinkAbout1999-01-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel HI. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk John M. Wohlmuth, ACM/Director of Administrative Services Carlos L. Ortega, RDA Executive Director Patrick Conlon, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance Gregg Holtz, Engineering Manager Teresa LaRocca, RDA Housing Manager Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of December 10 and December 24, 1998. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 29, 30, 31, 32, 33, 30PD Office Complex, 31PD Office Complex, and 32PD Office Complex . Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by CEC Entertainment, Inc., for Chuck E Cheese's, 72-513 Highway 111, Suite H, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Living Desert Reserve, 47-900 Portola Avenue, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by R & B Associates, LLC and Jonni Maria Bash, Managing Member, for Bash's Clubhouse, 74-450 Palm Desert Drive, Palm Desert. Rec: Receive and file. F. PORTFOLIO MASTER SUMMARY for the Period Ending November 30, 1998. Rec: Receive and file. G. MINUTES of Committee and Commission Meetings. 1. Civic Arts Committee Meeting of November 9, 1998. 2. Golf Course Committee Meeting of November 9, 1998. 3. Housing Commission Meeting of November 18, 1998. 4. Investment & Finance Committee Meeting of November 18, 1998. 5. Library Promotion Committee Meeting of November 18, 1998. 6. Public Safety Commission Meeting of November 18, 1998. 7. Rent Review Commission Transcripts of July 13 and 17, 1998, and Minutes of the Meeting of November 10, 1998. Rec: Receive and file. H. LETTER OF RESIGNATION from George Kermode from the Library Promotion Committee. Rec: Receive with sincere regret. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. LETTER OF RESIGNATION from Jim McIntosh from the Civic Arts Committee. Rec: Receive with sincere regret. J. REQUEST FOR AUTHORIZATIQN to Advertise and Call for Bids for Topping and Pruning of Tamarisk Trees at the 40-Acre Site on Merle and 42nd Avenue (Contract No. C15340). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. K. REQUEST FOR APPROVAL of Purchase from Storight Systems Ltd. for Filing System for Finance Department. Rec: By Minute Motion, authorize the Purchasing Office to execute an agreement with Storight for conversion of the large storage area and file cabinets currently located in the Finance Department to a total of 21, seven-, or eight -level storage units. L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C13050 -- Pedestrian Signal at Fred Waring Drive and San Pascual (Project No. 632-98). Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with Computer Service Company, Anaheim, California, in the amount of $7,350; 2) authorize the transfer of $7,350 from contingency to base. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C13210 -- Street Resurfacing Program (Project No. 752-98) (Granite Construction Company). 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 APPROPRIATION of Funds for Transportation Modeling Services. Rec: By Minute Motion, appropriate funds from unobligated accounts in the amount of $49,600 for the contract with RKJK and Associates for the subject project. O. REQUEST FOR APPROVAL of Desert Willow Golf Resort Fiscal Year 1998/99 Proposed Budget Adjustments. Rec: By Minute Motion, approve the $408,879 reduction of budget appropriations for Desert Willow Golf Resort for FY 1998/99. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REQUEST FOR APPROVAL of Civic Center Security Systems Upgrade. Q. Rec: By Minute Motion, approve the proposed Civic Center security system upgrades and authorize the Mayor to execute the corresponding agreements with Protection Service Industries. REQUEST FOR APPROVAL of the Release of Bonds for Tract 23322 (Canaan Construction Company, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject development bonds. R. REQUEST FOR APPROVAL of Out -Of -State Travel for Healthy Cities Program. F Rec: By Minute Motion, authorize the Healthy Cities Project Coordinator, Frankie Riddle, to attend the Bicycle Safety and Promotion Program in Atlanta, Georgia, from January 25 - 27, 1999. S. REQUEST FOR WAIVER OF FEES for the Desert Rose Society's Annual Pruning Exhibition. Rec: By Minute Motion, ratify the fee waiver associated with the subject event which took place Saturday, January 9, 1999, in the Rose Garden located at the Palm Desert Civic Center Park. T. CONSIDERATION of Recognition of Local Resident Members of the National Medal of Honor Society. Rec: By Minute Motion, direct staff to investigate an appropriate recognition of local residents who are members of the National Medal of Honor Society in conjunction with that organization's annual convention in Riverside County in November 1999. Upon motion by Mayor Pro-Tempore Crites, second by Kelly, and unanimous vote of the Council, the remainder of the Consent Calendar was approved as presented with Councilman Ferguson ABSTAINING from the vote on Item M. VII. CONSENT ITEMS HELD OVER None 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. RESOLUTIONS A. RESOLUTION NO. 99-1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, URGING RIVERSIDE COUNTY SUPERVISORS TO REPEAL THE IMPOSITION OF BOOKING FEES ON COUNTY CITIES. Councilman Kelly moved to waive further reading and adopt Resolution No. 99-1. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. IX. ORDINANCES For Introduction: A. ORDINANCE NO. 902 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 9.56 OF THE CODE OF THE CITY OF PALM DESERT RELATING TO THE CONTROL OF CURFEW AND TRUANCY OF PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS. Mayor Pro-Tempore Crites requested that the subject matter be tabled or postponed until such time as the Public Safety Commission could meet with Palm Desert High School students to obtain their input. MR. PETE FREESTONE, 72-761 Tamarisk Street, Palm Desert, CA, addressed the Council and concurred with Mayor Pro-Tempore Crites. He stated he would direct any comments he had to the Public Safety Commission at their next meeting. Mayor Pro-Tempore Crites added that whether the ordinance as written was perfect, imperfect, or amended, the ordinance would impact a large amount of people. He asked that the subject matter be published in the community newsletter to let the community know they could attend the Public Safety Commission to express their opinions. Councilman Ferguson concurred with Mayor Pro-Tempore Crites and stated that he could offer a little guidance in the process. He stated that he was concerned that the present ordinance would impact citizens who were not the proper focus of the ordinance. He added that as written, the ordinance was overly broad. He said he would like to solicit the reactipn of the groups targeted as to what the City had proposed, sharing the nature of the problems to be addressed and to ask their help with suggestions. Mayor Spiegel stated he did not think it was wise to pass an ordinance which was unenforceable. He felt 10:00 p.m. for a 17-year-old was unenforceable. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated he would contact the County of Riverside to ask that if the County was going to pass an ordinance, or something they want adopted County wide, that they should do as the City of Palm Desert by first obtaining input from the citizens. Councilman Ferguson stated that Mr. Curtis from the District Attorney's Office had taken the yeoman's oar and tried to draft a model ordinance. He added that the emphasis was to obtain maximum discretion within law enforcement to target certain problems. He also stated the issue of its unenforceable aspect had been addressed. He questioned whether the ordinance should be passed and suggested talking to the District Attorney's office to inform them why the City was reluctant to follow the uniform plan. Mr. Erwin stated he would pass that information on to the District Attorney's office. Mayor Pro-Tempore Crites moved to, by Minute Motion, continue the subject matter for 60 da9s. Motion was seconded by Ferguson and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 899 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 784 AND AMENDING SECTIONS 2.34.010 AND 2.34.020 OF THE MUNICIPAL CODE RELATIVE TO COMMITTEE/COMMISSION MEMBER REQUIREMENTS. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 899. Motion was seconded by Kelly and carried by unanimous vote. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF PROPOSAL FROM THE NATIONAL CRIME PREVENTION COUNCIL FOR WORKSHOPS TO BE PRESENTED TO THE PUBL'IC SAFETY COMMISSION. Councilmember Benson moved to, by Minute Motion: 1) approve the request in the amount of $10,396 and expenditure for same from Account No. 110-4110-410-3121 -- Committee Conferences; 2) appropriate $2,896 from Unobligated General Funds to Account No. 110-4110-410-3121 for the expenditure. Motion was seconded by Ferguson and carried by unanimous vote. B. REQUEST FOR APPROVAL OF THE ESTABLISHMENT OF A NEIGHBORHOOD TRAFFIC ENFORCEMENT PROGRAM. Councilman Kelly stated he liked the program, but said the item which addressed the amount of traffic enforcement per week for "X" number of vehicles per day should be more precise. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Holtz stated the 300 to 500 was a range used as a base amount. He said the number could be changed to 400 to be more precise. In response to Councilmember Benson's question of whether there were police officers to enforce the program, Mr. Diaz responded that the most recent contract with the Riverside County Sheriff's office provided for enough staff to cover the program without a fiscal impact. Councilman Kelly moved to, by Minute Motion, authorize the establishment of a Neighborhood Traffic Enforcement Program, as amended to read "400 vehicles per day." Motion was seconded by Ferguson and carried by unanimous vote. C. REQUEST FOR APPROVAL OF THE TRANSFER OF CERTAIN PROVISIONS OF DISPOSITION DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND INTRAWEST RESORT OWNERSHIP CORPORATION. Mr. Yrigoyen, Redevelopment Manager, stated that the Agreement had no impact on other ongoing issues, such as the tennis court lighting repair, adding that those issues were being addressed. Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the Assumption Assignment Agreement providing for the transfer of certain provisions of the Disposition Development Agreement between the Agency and Intrawest Resort Ownership Corporation (IROC) to the City and IROC. Motion was seconded by Kelly and carried by unanimous vote. D. REQUEST FOR APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. Mr. Diaz stated that Mr. Ray Janes, Management Analyst, Mr. Ortega, and he were looking into the possibility of the City taking over the Community Development Block Grant (CDBG) program. He said that they will return to the City Council with a report in the near future. He added that should the City take over the program, it would receive 15 % more from the Coachella Valley Association of Governments. Councilman Kelly moved to, by Minute Motion, approve the recommendations of the Outside Agency Funding Committee for 1999/00 Community Development Block Grant (CDBG) funding. Motion was seconded by Benson and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. REQUEST FOR APPROVAL OF PROPOSED COMMUNITY GARDENS LOCATED ON VACANT, CITY -OWNED LOTS ON SAN PABLO AVENUE. Mayor Spiegel stated this phase of the program would determine whether people adjacent to the proposed gardens were in favor of the project. He added that if the citizens approved, it would then come back to Council as a project for the City. Mayor Pro-Tempore Crites stated he would like to see the program taken before the Parks & Recreation Commission for review. Councilman Kelly moved to, by Minute Motion, authorize staff to begin Phase 2 of the agreement with the Community Gardens of the Coachella Valley, in an amount not to exceed $1,000, to explore community interest in gardens being planned for public use on the two vacant, City -owned lots on San Pablo Avenue, with the amendment that the Parks and Recreation Committee be involved in the process. Motion was seconded by Crites and carried by unanimous vote. Mayor Pro-Tempore Crites stated that in looking at the program, the City needed to look into having one of the lots converted into a parking area since parking may cause a problem while gardeners were working. Councilmember Benson asked what would happen to the food grown in the gardens and if there would be enough interest to work the 131 lots. Ms. Lisa Constande, Environmental Conservation Manager, stated that Phase 1 of the program determined feasibility of the lots. She added that Phase 2 would enable Community Gardens of the Coachella Valley to determine how many parties were interested in the program, and this information would come back to Council with a final budget for review. In response to Councilmember Benson, Ms. Constande further stated that different organizations, such as Meals on Wheels and other social organizations that fed the hungry, have also shown interest. She added that those organizations and their beneficiaries would tend the gardens and receive any produce grown on the lots. Mayor Spiegel added that those organizations may have their own equipment and seedlings. He said once it was determined who was interested, staff would return to the Council with all factors as well as a draft budget. Councilman Ferguson stated he and his wife toured Shelter from the Storm. He said that it was a wonderful facility but noticed there was no fresh produce. He added that Shelter from the Storm may be another organization which could benefit from the gardens. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. REQUEST FOR APPROVAL OF THE FORMATION OF CANYON CREST LANDSCAPE AND LIGHTING DISTRICT. Councilmember Benson moved to waive further reading and adopt: 1) Resolution No. 99-2, initiating proceedings for the formation of the Canyon Crest Landscaping and Lighting District; the concurrent annexation of said district and said territory into the Palm Desert Consolidated Landscaping and Lighting District; and the levy and collection of annual assessments related thereto commencing with Fiscal Year 1999/2000; 2) Resolution No. 99-3, for preliminary approval of the engineer's report regarding the formation of the Canyon Crest Landscaping and Lighting District; the concurrent annexation of said territory into the Palm Desert Consolidated Landscaping and Lighting District; and the levy and collection of annual assessments related thereto commencing with Fiscal Year 1999/2000; 3) Resolution No. 99-4, declaring the intention to form the Canyon Crest Landscape and Lighting District; and concurrently annex said district and territory into the Palm Desert Consolidated Landscaping and Lighting District; and to levy and collect annual assessments related thereto commencing with Fiscal Year 1999/2000; and calling a property owner protest proceeding to submit to the qualified property owners the question of levying such assessments and establishing an assessment range formula for said district. Mr. Tom Bassler, Senior Management Analyst, stated once a homeowner purchased property in this area, they would be required to adhere to the Canyon Crest Landscape and Lighting District. He said the majority of the property was owned by the developer, and all disclosures would be made to potential property owners stating they belonged to the Canyon Crest Landscape and Lighting District. He added that any increase would have to be approved by the voters of that district, but if they voted against an increase, cutbacks on services may result. Mr. Bassler stated the budget was sufficient to provide all the landscaping and lighting services, including cost of living increases which could be assessed without further voter approval. Motion was seconded by Councilman Kelly and carried by unanimous vote. G. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore, Business Support Manager, provided an update on the new stores located on El Paseo. She stated that near the corner of Portola and El Paseo, Madison Felice, a fine antique store, would open soon in the building formerly occupied by Studio 960. Ms. Moore stated that in the 73-600 block of El Paseo, Don Vincent, a fine men's clothing store, opened a second store (the first being in Palm Springs) in the space formerly occupied by Edith Morro. She said that Edith Morro constructed a new building, which also houses Duxiana Beds and Gallery Blu as tenants. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ms. Moore stated that Body Wear, a women's apparel store, had moved from the Town Center Mall and was now located on El Paseo. She added that Bobby & Company, another women's apparel store, was also located within the same block of El Paseo. Ms. Moore said in the Gardens on El Paseo, three new stores had opened -- New Balance, an athletic footwear store, Bose Stereo, and Gail Jewelers. She added that Sullivan's Steakhouse would open the week of January 25, 1999, A Fine Art Gallery would open soon, and Coda Gallery had announced an expansion of their store. She said the Fox Building recently closed escrow, and the City could expect to see movement in leasing of the former Polo Store. 2. Progress Report on Desert Willow Clubhouse Facility Mr. Rudy Acosta, RDA Development Manager, addressed the Council to report on the progress of the Desert Willow Clubhouse. Mr. Acosta stated that the Desert Willow Subcommittee met earlier to review the current schedule and status of construction, adding that construction was on schedule. He also stated a large scale bar chart would be made available for Council's review in the North Wing Conference Room. Mr. Acosta stated that with the help of the Engineering and Building & Safety Departments, the plans were expedited to the architect for corrections. He said that the grading permit was issued this past week, and the site was 30% graded. Mr. Acosta stated the corrected plans were back in the architect's possession and should be forthcoming by the week of January 18, 1999. Mr. Acosta addressed the issue of the ground breaking ceremony. He stated he was working with Pat Scully and Renee Capela, and the ground breaking ceremony would take place January 29, 1999, at 9:00 a.m. 3. Progress Report from the "Save The Rink" Committee Mayor Pro-Tempore Crites stated that he felt the item could be removed from the Agenda. Councilman Ferguson moved to, by Minute Motion, remove this report from Informational Items on future agendas and receive reports on an as -needed basis. Motion was seconded by Crites and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF CIVIC CENTER PARK INTERPRETATIVE INFORMATION PROGRAM. (CONTRACT NO. C15070) (Continued from the meetings of October 22, November 12, and December 10, 1998). Mayor Pro-Tempore Crites suggested the item be continued to the next Study Session, as it would be more helpful to actually go to the park to envision the requested program. Councilman Ferguson also asked that the product for this project be specifically identified, as well as its source of the funding. Mayor Pro-Tempore Crites moved to, by Minute Motion, continue the subject matter to the January 27, 1999, Study Session. Motion was seconded by Benson and carried by unanimous vote!' B. REQUEST FOR APPROVAL OF LEFT TURN PROHIBITION AT HOVLEY LANE EAST AND KANSAS STREET (Continued from the meeting of October 22, 1998). Upon Councilman Ferguson's inquiry, Mr. Holtz stated that other solutions, such as closing the street and signalization, were examined, but were considered and rejected. MR. PETE FREESTONE, 72-761 Tamarisk Street, Palm Desert, CA, stated he opposed street closings and restricting residents from turning left or right because of a particular situation. He said he was unclear about the left turn restriction-- if it meant off of Oasis, Kansas Street, and Hovley Lane. Mr. Freestone stated that a temporary barricade would only solve the problem for the 90 day period and inquired what would happen after. He suggested using a signal on Hovley Lane that remained green until traffic tripped the light on Oasis and then Kansas Street. He stated further the problem usually occurred during rush hour periods, whereas the left turn prohibition would affect residents 24 hours a day. Councilmember Benson moved to, by Minute Motion, concur with recommendations of staff, the Technical Traffic Committee, and Public Safety Commission to implement prohibition of left turns at Hovley Lane East and Kansas Street for a period of 90 days. Motion died for lack of a second. Councilman Ferguson stated he felt the solution recommended by staff would be used as a last resort. He asked for more time to study the program and thought the issue should be brought to the newly formed Neighborhood Traffic Program, Technical Traffic Committee, and Public Safety Commission. He stated the prior actions of Council at Acacia would most likely be repeated, and he felt the solution there was not working. Councilman Kelly stated since it was a safety issue, he felt there were many other solutions to consider. He further stated that the people who would be affected were all residents of Palm Desert Country Club, and he felt their egress should not be restricted. He added that 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the petitions Council received showed the residents did not want the prohibition as recommended by staff. Councilman Ferguson moved to, by Minute Motion, continue the matter for 45 days, to allow the Neighborhood Traffic Program, Technical Traffic Committee, and Public Safety Commission to review the issue and return their recommendations to Council. Motion was seconded by Kelly and carried by unanimous vote. C. REQUEST FOR CONSIDERATION OF THE ADDITION OF BERMUDA DUNES TO PALM DESERT'S SPHERE OF INFLUENCE (Continued from the meeting of December 10, 1998). Mayor Spiegel commented that the Bermuda Dunes Community Council was meeting on January 14, 1999, at 7:00 p.m. to decide their options. MRS. MAURINE HAMMOND, 79-331 Eisenhower Way, Bermuda Dunes, CA, stated that the meeting of the Community Council of Bermuda Dunes was for information only. She added that she was a former chairman of the council, and at that time a survey was conducted. She stated the results reflected that the majority of residents favored Palm Desert over any other community. She reminded Council that there was an airport which would be a good addition to the City of Palm Desert, as well as the Bob Hope Chrysler Classic held in the Bermuda Dunes area. MR. BILL HAMMOND, 79-331 Eisenhower Way, Bermuda Dunes, CA, stated he was a resident of Bermuda Dunes for the past 26 years. He said he was past president of Bermuda Dunes Country Club, Bermuda Dunes Security Association, and the Bermuda Dunes Association, and had been involved in the politics. He added he had seen the area grow by leaps and bounds and hoped that the City of Palm Desert would consider annexing Bermuda Dunes. He stated that currently the airport was the site of several jets that the pros flew in on for the Hope Classic, most of which were $25 million or more, and it would be a great addition to Palm Desert's card. Councilman Ferguson clarified that the newspaper stated La Quinta and Palm Desert were both vying for Bermuda Dunes. He stated that was not the case, that Council had looked at annexing Bermuda Dunes two years ago, and it was determined financially prohibitive at that time. He added that the current issue was only for Bermuda Dunes to come under the sphere of influence of Palm Desert. Councilman Kelly moved to, by Minute Motion, continue the subject matter to January 28, 1999. Motion was seconded by Ferguson and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *,* XII. OLD BUSINESS A. STATUS REPORT REGARDING THE ESTABLISHMENT OF A TECHNOLOGY COMM'i i ti . Councilman Kelly moved to, by Minute Motion, approve the establishment of a Technology Committee. Motion was seconded by Crites and carried by unanimous vote. Mayor Spiegel moved to, by Minute Motion, appoint Councilman Ferguson and Mayor Spiegel as members of the Technology Committee. Motion was seconded by Kelly and carried by unanimous vote. XIII. REPORTS AND REMARKS A. CITY MANAGER 1. Report on Areas of Interest for Charter Cities. Mr. Diaz stated that the City Attorney submitted a memo identifying the areas that the City can explore in greater depth as a charter city than was possible as a general law city. He asked that the Council check the items which they were interested in and return to him. Mayor Spiegel asked that staff also indicate which items they thought were more advantageous to a Charter City. Councilman Ferguson stated that one item, which was discussed at three different Council meetings, was opting out of the public contracting system of the Government Code. 2. Report from Citywide Tour. Mr. Diaz stated that two tours needed to be scheduled with the Council; one in the area north of Interstate 10, looking at future annexations, and the other south of Interstate 10 to look at areas of interest and concern. He added that to date, the Mayor and Councilman Ferguson had identified areas they wanted to visit. He asked that the other Councilmembers let staff know what areas they were interested in, and what day the entire Council wished to conduct the tour. 3. Report on San Pablo Avenue in regards to the Coachella Valley Water District. Mr. Wohlmuth stated that he met with Public Works staff, as well as Councilman Ferguson and Mayor Pro-Tempore Crites, regarding San Pablo and Royal Palm to 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * determine if the pressure tank CVWD placed on the site was going to conflict with future road improvements on San Pablo. Mr. Holtz stated that the curb -to -curb width on San Pablo, both north and south of the Royal Palm well site location, was 64 feet. He added that the area of the well site, between Royal Palm and Guadalupe, had approximately 56 feet of street width. Mr. Holtz stated staff would request two additional feet of right-of-way from CVWD to move the proposed wall within five feet of the pressure tank. He added that would give the City adequate room and a 64 foot right-of-way for four travel lanes. He further stated that some of those travel lanes would be minimal and uncomfortable with a ten foot width (number one northbound and southbound). He stated the outside lanes (number two, northbound and southbound) would be eleven foot lanes and immediately adjacent to a six foot golf cart lane next to the east and west curb. Mr. Holtz said that street width through that area, between Royal Palm and Guadalupe, could be increased to 66 feet, but would reduce the planter area between the back of the proposed sidewalk and proposed wall down to one foot wide. He added that if the 64 foot wide street were to remain, the planter area would be three feet wide. Mr. Holtz stated a letter had been sent to CVWD requesting an additional two foot right-of-way, and there did not appear to be any hold up obtaining it. He added that the block wall construction could proceed, and then a decision could be made at a later date as to street width. He further stated that staff was currently in the design phase, but the design engineer had been put on hold until a final decision was made on the street width. Mr. Wohlmuth stated he had met with CVWD, and they were quit claiming the two foot right-of-way to the City of Palm Desert, allowing the City to place the block wall at the desired location and giving the City adequate right-of-way for the five vehicle lanes and two golf cart lanes on San Pablo. He added that the decision in the future, when plans are brought back to the Council for the street improvements, would be whether the Council wanted the additional width used for lanes or planter. He stated that the property would be obtained from CVWD at no cost, and the block wall would be placed in the appropriate location. He added that Council could decide on the appropriate street width when it is brought back to them as a capital improvement program. Mr. Diaz indicated that staff was looking at ways of providing renderings on street plans and street widths drawn on aerial photos so Council and staff would have a better understanding of the eventual result. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * } 4. Report on Palms to Pines Remodel. Mr. Diaz asked that this item be added to the agenda. Councilmember Benson moved to, by Minute Motion, add the subject consideration to the agenda. Motion was seconded by Ferguson and carried by unanimous vote. Councilman Ferguson moved to, by Minute Motion, continue the subject matter to the 7:00 p. m. session of the City Council meeting. Motion was seconded by Mayor Spiegel and carried by unanimous vote. Following consideration of the public hearing items, Mr. Drell called Council's attention to the display of the project's renderings. He continued by stating that Council directed that the tower elements be lowered from 50 feet to 40 feet; however, from the Highway 111 elevation, all the pyramid towers were thereby eliminated, and on the El Paseo elevation, the project was able to retain one at 40 feet. He said the towers were substituted with rectangular structures, and upon review by the Architectural Review Commission (ARC), that body felt something was architecturally lost with the contrast of the pyramid and rectangular elements. He went on to say that ARC asked the architect how much the deleted towers could be lowered and still retain their architectural value, to which he responded they could be lowered from 50 to 46 feet. He reported that ARC recommended the building was more attractive and more appropriately proportioned with 46-foot pyramids rather than 40 feet. Secondly, he stated that Council requested more specificity regarding colors, directing attention to the colored rendering, which he said accurately represented the coloration as approved by ARC. Mayor Spiegel felt the remodel, as shown, was exciting, would dress up Palms to Pines East, and rejuvenate a drab center. He noted the furniture store had recently run a "Going Out of Business Sale" ad in the newspaper. Upon question by Councilman Ferguson, Mr. Drell responded that Council was being given the opportunity to review and if deemed appropriate, concur With ARC's recommendation and reintroduction of pyramids at 46 feet, or it could approve the revised elevations as previously directed with 40 foot high maximum; and it could concur or not with the color scheme. Councilman Kelly moved to, by Minute Motion, endorse the recommendation of the Architectural Review Commission for the remodel of Palms to Pines East. Motion was seconded by Spiegel and carried by a 3-2 vote with Councilmember Benson and Mayor Pro-Tempore Crites voting NO. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Report on Donation of Defibrillator by Bighorn Golf Club Mr. Diaz stated that Bighorn Golf Club donated to the City a portable defibrillator. He added that he intended staff to be trained on its use. He further stated he would like to present to the Public Safety Commission, once Council has reviewed it, to look at obtaining defibrillators in the City's public buildings and training personnel on the use. He stated that a lot of the country clubs had their own. B. CITY ATTORNEY Mr. Erwin asked that Closed Session consideration be given for those items listed on the Agenda and asked that the following items be added to Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 3) Property: 97.8 acres west of the Palm Valley Storm Channel Negotiating Parties: Agency: City of Palm Desert/Ramon Diaz, City Manager Property Owner: Kathleen Fox Under Negotiation: x Price x Terms of Payment 4) Property: 43-250 Warner Trail Negotiating Parties: Agency: City of Palm Desert/Phil Drell, Director of Community Development Property Owner: Mrs. Elaine Maloney, Montessori School Under Negotiation: x Price x Terms of Payment Councilman Ferguson moved that the items be added to the agenda. Motion was seconded by Kelly and carried by unanimous vote. 1) Report and Action on Items from Closed Session Made at This Meeting. 2) Request for Closed Session Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 74-039 San Marino Circle, Palm Desert, California 92260 Negotiating Parties: Agency: City of Palm Desert/Phil Drell, Director of Community Development Property Owner: Ray Winner Under Negotiation: x Price x Terms of Payment 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) Property: 74-047 San Marino Circle, Palm Desert, California 92260 Negotiating Parties: Agency: City of Palm Desert/Phil Drell, Director of Community Development Property Owner: Gary and Norma Tryon Under Negotiation: Price . Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC106461. b) Silver Spur Homeowners' Association v. City of Palm Desert and City of Palm Desert Rent Review Commission, Riverside County Consolidated Superior/Municipal Courts, Case No. INC005659. c) Silver Spur Mobile Manor v. City of Palm Desert, et al., Riverside County Superior Court, Case No. 80790. d) Ray Van Alstine, et al. v. City of Palm Desert, et al., Riverside County Consolidated Superior/Municipal Courts, Case No. 007509 Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 5 C. CITY CLERK Mrs. Gilligan asked that the Council review their calendars and return to the City Manager's secretary a date for a Budget Study Session in February 1999. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Veterans' Day Observance in Palm Desert (Councilman Richard S. Kelly). Councilman Kelly stated he thought the Council asked staff to put together a Veterans' Day celebration last year. Councilman Kelly stated the celebration could be fairly simple, such as having a ceremony at the Peace Memorial, or flags at various locations. He added he had volunteered to be on the committee. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated the reason a celebration was abandoned last year was due to the 25th Anniversary Celebration in November. She added that the Veterans organizations notified staff that they could not spread themselves that thin to be at all celebrations throughout the valley. Mrs. Gilligan stated she and Pat Scully discussed the issue, and they would meet with Councilman Kelly to move forward on this year's celebration. o City CounciLcommittee Reports: 1. Cal State San Bernardino Architect Selection Committed (Richard S. Kelly) Councilman Kelly stated he could not attend meetings in San Bernardino for the Cal State San Bernardino Architect Selection Committee. He stated he would like to be taken off the committee. Mayor Spiegel stated he would replace Councilman Kelly to the Cal State San Bernardino Architect Selection Committee. Council concurred. 2. C.A.R.E. Program (Robert A. Spiegel) Mayor Spiegel stated he attended the ribbon cutting ceremony for the C.A.R.E. Program, located in the Sheriff's office, for elder abuse. He added that it was funded by the County, State, and Federal governments and was geared at people over 60 years of age, to make sure they were not taken advantage of by contractors or care givers. Mayor Spiegel added that in the short time the program had been in operation in Hemet, it already saved their elderly over $1 million. He requested that an article be written about the program in the monthly Bright Side. f' 3. Overlay Zone (Robert A. Spiegel) Mayor Spiegel stated there was an overlay zone between the City of Palm Desert and the County of Riverside. He stated the City Manager, Planning Director, and he met with Supervisor Wilson to discuss the area north of Interstate 10 and the area west of Highway 74 regarding different standards for the County and the City. He stated Supervisor Wilson suggested the City and County develop an overlay zone, meaning that property in the County would have the same basic codes and ordinances as property in the City. He also suggested a group be formed comprised of two Councilmembers, staff, the Planning Department of the County of Riverside, as well as Supervisor Wilson. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson moved to, by Minute Motion, add the subject matter to the agenda. Motion was seconded by Kelly and carried by unanimous vote. Councilman Kelly moved to, by Minute Motion, appoint Councilman Ferguson and Mayor Pro- Tempore Crites to the Overlay Zone Committee. Motion was seconded by Benson and carried by unanimous vote. Upon motion by Crites, second by Ferguson, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:12 p.m. He reconvened the meeting at 7:02 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Please see individual items for discussion and action. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PROCLAMATION DECLARING WEEK OF JANUARY 17, 1999, AS PAUL O'DONNELL WEEK IN THE CITY OF PALM DESERT. Mayor Spiegel, Mayor Pro-Tempore Crites, and College of the Desert President Dr. William Kroonen jointly presented Mr. O'Donnell a proclamation declaring the week 'of January 17, 1999, as Paul O'Donnell Week in the City of Palm Desert. Mayor Pro-Tempore Crites noted that Mr. O'Donnell was one of the last of the remaining charter classified employees of the College. Dr. Kroonen noted that Mr. O'Donnell, a Coachella Valley native, came to the College in 1962, having had to leave the area to attend a community college outside the area since there was not yet a College of the Desert. He went on to say that Mr. O'Donnell was the person who was called in the middle of the night, weekends, whenever there was a facilities "crisis," and he expressed the organization's sincere appreciation for his unfailing service. B. PRESENTATION TO THE CITY OF PALM DESERT IN APPRECIATION OF ITS SPONSORSHIP OF THE KID'S TENNIS CARNIVAL HELD AT SHADOW MOUNTAIN RESORT SEPTEMBER 25, 1998. MR. KEN KUPERSTEIN, Head Tennis Professional of the Shadow Mountain Resort, Palm Desert, and several youngsters who participated in the Kid's Tennis Carnival presented Mayor Spiegel with a commemorative photo album of the event. He stated that over 450 children participated in the event, and they were most appreciative of the City's support. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVI. PUBLIC HEARINGS A. CONSIDERATION QF APPEAL OF PUBLIC WORKS DEPARTMENT CONDITION NO. 6 OF PLANNING COMMISSION RESOLUTION NO. 1905, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A 2,900 SQUARE FOOT RETAIL FOOD MART LOCATED AT 72-801 HIGHWAY 111 Case No. CUP 98-4 (Chevron Products Company, Appellant). Mr. Drell noted that correspondence had been received requesting a withdrawal of the subject appeal. However, he added that since it was a duly noticed public hearing, the Council technically still had the ability to consider the matter anyway, in which case the Appellant would request a continuance. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED to the subject case. With no testimony offered, he declared the public hearing closed. Mayor Pro-Tempore Crites moved to, by Minute Motion, accept the Appellant's withdrawal. Motion was seconded by Kelly and carried by unanimous vote. B. REQUEST FOR APPROVAL OF DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND TIMOTHY BARTLETT AND THE SUMMARY REPORT (JOINT PUBLIC HEARING WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Dennis Coleman, RDA Finance Manager, explained that the proposed sale price of the property was $174,857, or $5.99 per square foot, which was considered to be the highest price given the use of the property with the conditions to be imposed on the buyer, Timothy Bartlett. He stated that the property would be the site of a 4,500 square foot Nevada Bob's store, with Mr. Bartlett entering into ten year lease with Leisurequip. He noted that the main conditions imposed would be public improvements: 1) Building of at least 24 additional parking spaces beyond the requirement for the retail development to be used for public parking; 2) landscaping sufficient for a park -like setting; 3) construction of a bus shelter on the property adjacent to Highway 111, with the developer responsible for the maintenance of improvements and for providing a public parking easement to the City for public use of the 24 additional spaces. Additionally, as a part of the conditions of the agreement, he said the City would have the right to approve any new tenants should Nevada Bob's choose not to renew the lease. He pointed out that the subject project had not yet been before the Architectural Review Commission (ARC), nor the Art In Public Places Commission (AIPP), and that the project required approval either of the Planning Director, if found to be in substantial compliance with the previously approved site plan, or it would require Planning Commission approval. Upon question by Councilman/Member Kelly whether the tenant would maintain the bus shelter, Mr. Coleman said he was unsure whether the developer had imposed this condition 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * on the tenant, but the developer was responsible for maintaining the bus shelter. Councilman Kelly was pleased to hear this since it meant there would not have to be advertising to pay for its maintenance. Mayor Pro-Tempore/Vice Chairman Crites asked how much the Agency initially paid for the property. Mr. Ortega responded that with the existing bank building on it, the cost was just over $800,000, or $29.71 per square foot, approximately 16 years ago. Mr. Coleman noted that when purchased, the property was the site of a bank building which had since been demolished. He added that part of the property was utilized to make room for right-hand turn improvements, and part of the consideration when arriving at the $5.99 per square foot price was the fact that the developer had to construct the additional 24 spaces, landscaping, and bus shelter with 30 years of maintenance, costs all taken at a net present value. Mayor Pro-Tempore/Vice Chairman Crites expressed his concern that a developer was always required to landscape a project. Mr. Coleman responded that it was not always a development requirement to provide more landscaping than the standard. Mayor Pro-Tempore/Vice Chairman Crites added that the putting green was a business issue, not landscaping. He further questioned how staff would know that the proposed landscaping was more than ARC required when it had not yet received this consideration. Mr. Coleman deferred this response to Mr. Bartlett. Councilman/Member Ferguson asked whether the developer placed the park on the comer for business reasons, or because the City encouraged it as a benefit to the City. Mr. Colen{an replied he understood the City encouraged it for the setting, realizing that it couldn't hurt the retail aspect. Mr. Coleman added he understood the developer was utilizing real grass instead of artificial turf. Upon question by Mayor Pro-Tempore/Vice Chairman Crites as to why the land should be sold instead of acquiring a tenant, Mr. Ortega said that after analyzing the situation, the fair use value and the ultimate price, even if it was leased at a high percentage (10%), it resulted in some $17,000 worth of lease payments per year. He said staff felt that even if acceptable to the developer, the effort to set up an accounting mechanism and other such details to collect this amount would cost more than selling the property outright. Mayor Pro-Tempore/Vice Chairman Crites stated he felt uncomfortable considering such a project without its first being considered by the appropriate commissions (i.e. Planning Commission, ARC, and AIPP). He said if approved by the Council/Agency Board, the project would probably not receive a negative response from the aforementioned bodies. He requested staff keep this in mind for future such issues. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman/Member Ferguson recalled that this issue was brought to Council for conceptual approval last August, or before, to which the Council said it would entertain such a proposal; and he felt the same conceptual approval was being requested at this meeting for a park, a bus shelter, dedicated public parking, and a very small retail use. However, he said now it was again before the Council without the approval of any other City entity. Mr. Drell responded that while the subject plans had just been revealed to staff, a very similar plai with a conditional use permit had been approved two or three years ago. Councilman/Member Kelly added he felt there was some indication that if the subject type of project was approved, the City would be asked whether it would sell. Mayor/Chairman Spiegel declared the public hearing open for testimony regarding the matter. MR. TIMOTHY BARTLETT, 73-382 Salt Cedar, Palm Desert, addressed the timing issue, admitting it was unfair that the project had not obtained ARC approval prior to Council/Agency Board consideration. He stated that his architect, Frank Urrutia, had been unable to work on the project for the last month, which affected its submittal to the appropriate bodies that he would have normally done. He felt that both Mr. Urrutia and his landscape designer, Mr. Wayne Conner, were well respected by City officials and had provided a plan worthy of approval, pointing out that he still intended to obtain formal ARC approval. He noted that he had been attempting to work something on this property for seven years, restaurant tenants and other uses of even higher intensity generating more income, but he was under the impression that the City wanted a low impact, low traffic use, a park -like setting, and additional parking, which this project delivered. He felt this project represented the essence of Palm Desert-- golf, retail, and a country club setting. Regarding the putting green and its relation to a business decision, he stated it wasn't, adding that if landscaping was preferred, he was more than happy to do so based upon the serious maintenance involved with a putting green. He noted that the project would contain 79 trees, representing 47% of the site, and desert -oriented plants-- a slice of Desert Willow on a Palm Desert commercial corner. Upon question from Mayor/Chairman Spiegel regarding why the project didn't first go before the Planning Commission, Mr. Drell stated there was already an approved conditional use permit on the property for a 3,900 square foot restaurant. He added the approval Ss considered still to be valid without further Planning Commission approval, as long as the site plan submitted was substantially similar to the previous approval; therefore, the issue was not a land use issue but a design issue. Mayor Pro-Tempore/Vice Chairman Crites accepted the explanation; however, he suggested that if the project was placed on the next Planning Commission agenda for its review, his comfort level would be raised. He felt that since this represented the City doing business with itself, it called for a higher standard. The Council/Agency Board concurred. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1!99 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *, * Councilman/Member Ferguson noted that the City was the initial applicant for the conditional use permit. Upon question by Councilmember/Member Benson regarding the location of parking and its relation to the adjacent alley, Mr. Bartlett responded that he was dedicating four feet of land to the City for alley widening, in addition to the previously approved improvement project for it. He added that Circle K was also planning a remodeling job, similar to that which they completed on their Thousand Palms store. Mayor/Chairman Spiegel declared the public hearing closed Councilman/Member Kelly asked for clarification whether the approval being sought was .for that of selling the property with the project as planned subject to receiving appropriate approvals after the sale. Mr. Erwin noted a condition of the agreement specified the project was subject to other approvals, Architectural Review Commission, Planning Commission, Art In Public Places Commission, as well as the City Council/Agency Board. Councilman/Member Kelly expressed his pleasure with the project designed by Mr. Bartlett, including the putting green, bus shelter, and extra parking, turning the corner into a real asset. He said that while he had favored holding onto the property and utilizing it half for parking, half for a park, he understood that in this case it was more practical to sell. Councilmember/Member Benson echoed these sentiments and praised the project's uniqueness. Councilman/Member Ferguson concurred, noting his satisfaction with the developer's proposal to widen the alley and felt confident the necessary approvals would be obtained for the project. Mayor Pro-Tempore/Vice Chairman Crites said he appreciated the desert landscaping and the project's overall design, concurring with Councilman/Member Kelly that he too originally wanted to keep the property. Mayor/Chairman Spiegel felt the current site was an eyesore which did not reflect well on the City, and he would be glad to see a project of this caliber there. Councilman/Member Kelly moved to: 1) Waive further reading and adopt City Council Resolution No 99-6, approving the sale by the Palm Desert Redevelopment Agency to Timothy Bartlett of approximately 0.67 acres of real property on the southeast corner of Portola Avenue and Highway 111; and 2) waive further reading and adopt Redevelopment Agency Board adopt Resolution No. 366, approving the sale to Timothy Bartlett of approximately 0.67 acres of real property on the southeast corner of Portola Avenue and Highway 111. Motion was seconded by Crites and carried by unanimous vote. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 14, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT Upon a motion by Ferguson, second by Benson and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting at 7:44 p.m. ATTEST: /SHEILA R. IGAN, TY CLERK CITY OF PALM DESE , CALIFORNIA ROBERT A. SPIE'GEL) MAYOR 24