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HomeMy WebLinkAbout1999-07-22MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY TTIURSDAY, JULY 22, 1999 3:00 P.M. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor/Chairman Spiegel convened the meeting at 3:00 p.m. H. PLEDGE OF ALLEGIANCE - Councilmember/Member Jean M. Benson III. INVOCATION - Councilman/Member Jim Ferguson IV. ROLL CALL Present Councilmember/Member Jean M. Benson Mayor Pro-Tempore/Vice Chairman Buford A. Crites arrived at 3:05 p.m. Councilman/Member Jim Ferguson Councilman/Member Richard S. Kelly Mayor/Chairman Robert A. Spiegel Also Present: John M. Wohlmuth, Acting City Manager/Director of Administrative Services David J. Erwin, City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk/Agency Secretary Carlos L. Ortega, RDA Executive Director Joseph S. Gaugush, Acting Director of Public Works/Engineering Manager Patrick Conlon, Director of Building and Safety Jeff Winklepleck, Acting Director -Community Development/Parks & Recreation Planning Manager Paul S. Gibson, Director of Finance/City Treasurer David Yrigoyen, RDA Manager Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A None MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of July 8, 1999, and the Regular Redevelopment Agency Meeting of July 8, 1999. This item was removed for separate consideration under Item VII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 1, 2, 1PD Office Complex, 1RDA, and 1HA. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#388) by Anza Insurance Company in an Unspecified Amount. Rec: By Minute Motion, reject the claim for insufficiency and direct the City Clerk to so notify the Claimant. D. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Widening of Portola Avenue and San Pablo Avenue. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the widening of: 1) The east side of Portola Avenue from El Cortez Way to 150 feet north of El Cortez Way (Contract No. C16300); 2) the west side of San Pablo Avenue from Royal Palm Drive to 200 feet north of Royal Palm Drive (Contract No. C16310). E. REQUEST FOR RATIFICATION of City Manager's Award of Contract for Citywide Palm Tree Trimming Services (Contract No. C15930). Rec: By Minute Motion, ratify the City Manager's decision to award the subject contract to Andy's Tree Service, Palm Springs, California, in the amount of $13.50 per tree, due to necessity and urgency. F. REQUEST FOR APPROVAL of Second Amendment to Contract with the County of Riverside for Library Services (Additional Staffing). Rec: By Minute Motion, approve Contract No. C14162 as a second amendment to Contract No. C 14160 to provide for additional staffing (Volunteer Coordinator and Special Events Coordinator) at the Palm Desert Library in the amount of $45,500 for FY 1999/2000. 2 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. CONSIDERATION of Consent to Assignment of Development and Improvement Agreements by Deep Canyon Associates, LLC, to California Bank & Trust. Rec: By Minute Motion, approve of the assignment and authorize the Mayor to execute same. H. REQUEST FOR APPROVAL of Final Tract Map 28655 (Lowe Reserve Corporation/Deep Canyon Associates, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 99-78, approving Tract Map 28655. I. REQUEST FOR AUTHORIZATION to Release the Subdivision Improvement Securities for Tracts 28258 and 28258-1 (Kaufman and Broad of Southern California, Inc., Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to release the subdivision improvement securities and accept the ten percent (10%) maintenance security for a one-year maintenance period. J. RESOLUTION NO. 99-72 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that Have Been Microfilmed (June 1999). K. Rec: Waive further reading and adopt. LETTER OF RESIGNATION from Gilbert A. Holmes from the Housing Commission. Rec: Receive with very sincere regret. Councilman/Member Ferguson requested Item A be held over for separate consideration. Upon a motion by Councilman/Member Kelly, second by Councilman/Member Ferguson, and 4-0 vote of the City Council/Redevelopment Agency Board with Mayor Pro-Tempore/Vice Chairman Crites ABSENT, the remainder of the Consent Calendar was approved as presented. 3 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. CONSENT ITEMS MELD OVER A. MINUTES of the Regular City Council Meeting of July 8, 1999, and the Regular Redevelopment Agency Meeting of July 8, 1999. Mrs. Gilligan reported that since the Minutes were just completed and distributed to the Council/Agency members yesterday, she agreed they should be continued to the meeting of August 26, 1999. Councilman/Member Ferguson moved to, by Minute Motion, continue to the meeting of August 26, 1999, Minutes for both the Regular City Council and Redevelopment Agency Meetings of July 8, 1999. Motion was seconded by Councilman/Member Kelly and carried by 4-0 vote with Mayor Pro- Tempore/Vice Chairman Crites ABSENT. NOTE: Mayor Pro-Tempore/Vice Chairman Crites arrived at 3:05 p.m. VIII. RESOLUTIONS A. RESOLUTION NO. 99-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF — PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 85-103 AND ESTABLISHING COMPENSATION FOR THE MEMBERS OF THE PLANNING COMMISSION. Mrs. Gilligan stated at the request of a Councilmember, staff performed a review of other cities' Planning Commission compensation policies. She said the results indicated that all cities which had such a policy paid $50 per meeting; cities that did not pay were Palm Springs and Indian Wells. Therefore, a resolution was prepared to increase Planning Commission compensation to $50 per meeting for a maximum of two meetings per month. Councilman/Member Kelly moved to waive further reading and adopt Resolution No. 99-80. Motion was seconded by Councilman/Member Ferguson and carried by unanimous vote. IX. ORDINANCES For Introduction: None 4 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * For Adoption: A. ORDINANCE NO. 921 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF THE MUNICIPAL CODE RELATIVE TO ESTABLISHING SPEED ZONES (Washington Street). Mr. Wohlmuth stated no changes had occurred to the subject ordinance since its introduction. Councilman/Member Kelly moved to waive further reading and adopt Ordinance No. 921.. Motion was seconded by Councilman/Member Ferguson and carried by unanimous vote. B. ORDINANCE NO. 922 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING DEFINITIONS FOR BARS, RESTAURANTS, AND OTHER ACTIVITIES, AMENDING CHAPTER 25 OF THE CODE OF THE CITY OF PALM DESERT AND DECLARING THE URGENCY THEREOF. Mr. Erwin reported the subject ordinance was drafted as an urgency measure to be applicable to any other uses in the City and conditional use permits to be processed at this time. He explained it added definitions to the zoning ordinance, clearly defining with very specific percentages bars, lounges, nightclubs, and restaurants, making a clearer distinction. Council's adoption of the measure as an urgency ordinance was recommended, he said due to the experience with current litigation, thereby putting it into effect immediately. Mr. Erwin noted that in order to effect the ordinance, it would take a four -fifths vote of the Council/Agency Board. With regard to the 49 % of gross sales percentage, Mr. Erwin stated that figure resulted from a survey of a number of restaurants in the community. Additionally, he said the figures that were given indicated approximately 65 % of the surveyed restaurants' gross sales came from food. Councilman/Member Kelly was concerned that the regulation was somewhat limiting in its attempt to describe entertainment. Mr. Erwin said it was intended to be descriptive, not limiting or exclusive. To a question about when gross sales would be measured, Mr. Erwin answered monthly. In further response, he said it was purely definition, not regulation; the regulation requiring a conditional use permit for entertainment already existed. Councilman/Member Kelly moved to waive further reading and adopt Urgency Ordinance No. 922. Motion was seconded by Councilman/Member Ferguson and carried by unanimous vote. 5 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. HEARING FOR DETERMINATION OF CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A RESOLUTION OF NECESSITY FOR ACQUISITION OF PROPERTY FOR THE WIDENING OF MONTEREY AVENUE BETWEEN SAN GORGONIO WAY AND HACIENDA DE MONTEREY. Mr. Erwin stated the hearing was an opportunity for the City Council/Agency Board to be approached by and receive testimony from property owners dealing with the issues of determining: 1) Whether the public interest and necessity required the project; 2) whether the project was planned and located in a manner most compatible with the public good and the least private injury; 3) whether the real property described in the resolution was necessary for the project; and 4) whether the required offer to purchase the property had been made. Mr. Gaugush added the project involved a minor widening of Monterey Avenue from San Gorgonio Way north approximately 400 feet, and there were four properties selected to be acquired to complete it. He noted that the staff report contained the various arguments and discussions relative to proceeding with the acquisition. Responding to question, he stated there was currently a project underway south of San Gorgonio Way which would complete that segment of Monterey Avenue. In further response, he said offers of compensation had been made to the four affected property owners. Mayor/Chairman Spiegel invited testimony regarding the subject determination and acquisition. MR. DONALD BOLAS with an office at 44-712 Monterey Avenue, Palm Desert, said he was one of the affected property owners described. Mr. Bolas, on behalf of his neighbors, Nancy Noel and Bill Nye, reported they were unhappy about the proposed action because they felt it would have an environmental impact on their properties, as well as an overall impact, which he felt was improper. They understood today's action effected an exemption from the requirement of an environmental impact report. He cited page 264 of the CEQA guidelines, as he understood the City was seeking a Class I exemption, and paragraph 15301 involved negligible or non -expanded use beyond that previously existing. Therefore, he suggested that the proposed project would not just be a negligible expansion beyond the previous or existing use; it would be significant in terms of handling a greater flow of traffic, more cars, more noise, and more pollution-- the elements which concerned his neighbors and him most, especially those closest to their property lines. He disagreed with the argument that he took a chance on the subject action when buying his property; he felt there was more land, seemingly rolling green lawn, across the street. Therefore, he believed that was the better direction in which to expand. More importantly, he assumed the subject project would significantly increase 6 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the flow of traffic and related noise, pollution, etc., noting that he and his neighbors already experienced serious vibration when heavy trucks and vehicles passed their properties, adding that the noise was also significant but tolerable at this time; he felt it would be much less tolerable later. Mr. Bolas stated he, Ms. Noel, and Mr. Nye were directly adversely impacted. MR. BOLAS went on to comment that more significant was the impact to the public good and the reason an environmental impact report was needed. He said when looking at the exceptions to the categorical exemptions, one of them covered projects affecting scenic resources within official State scenic highways; this project abutted scenic Highway 74, and he felt a study should be done to determine the impact more traffic being fed into that roadway would have and whether the public good was served by doing so. Therefore, he suggested the subject exception should not be granted, and the project should be investigated more thoroughly. MS. NANCY NOEL, 44-694 Monterey Avenue, Palm Desert, concurred with Mr. Bolas' comments and wanted to know why only the east side of Monterey Avenue was affected and not the west side. She said she and her neighbors had been told they were being discriminated against because they were small property owners; whereas, the west side of Monterey Avenue, owned by the Town Center, was too expensive for the City to purchase. MR. BILL NYE, 44-740 Monterey Avenue, Palm Desert, said from the beginning his concern was and remained the issue of traffic flow. MR. BOLAS said that the City's appraiser had commented that his and the neighboring businesses would benefit from the additional traffic by being more visible. However, he felt the law of diminishing returns was applicable in this case, as they didn't want 5,000-10,000 more vehicles passing their properties; they were prosperous enough already and definitely didn't want more air pollution or noise. He raised a public safety question with the large tractor -trailer trucks coming in from I-10 and traveling the thoroughfare, which feeds into scenic Highway 74. Responding to question of why the subject properties, Mr. Gaugush said the scope of the project would increase significantly if the entire road segment (median relocation, roadway, existing improvements) was shifted west. He noted more properties would be affected, including the Visitor Center at the intersection of Highway 111 and Monterey Avenue, the CVWD facility, and potentially the Board of Realtors facility, to accommodate a nine foot shift to the west as opposed to that proposed. With regard to how the Walgreens project affected the subject project, Mr. Gaugush stated this project had been under consideration and budgeted prior to the Walgreens approval. Further, he said the effect of the Walgreens project was that it was funding and constructing the improvements necessary on its segment of Monterey. He responded that element was a consideration in the subject project and affirmed that the subject project would align perfectly with the existing design; three lanes already were in place on the 7 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * west side, the east side only had two from Highway 111 to Hacienda de Monterey. Mr. Gaugush explained that there was an additional element at the intersection of Highway 111 and Monterey/Highway 74, the northeast corner (First Bank building) segment of design and construction was incorporated with the Highway 111/Highway 74 intersection improvements, noting that project would complete the link. He further affirmed that it was a Measure "A" project funded by RCTC. Councilman/Member Kelly felt it was clear the east side of Monterey needed widening, and it was something that would lessen traffic problems. Councilman/Member Kelly moved to: 1) By Minute Motion, approve the widening as categorically exempt under CEQA; 2) waive further reading and adopt Resolution No. 99-81, declaring that the acquisition of certain real property by eminent domain is necessary for widening of Monterey Avenue. Motion was seconded by Councilman/Member Ferguson. Councilman/Member Ferguson went on to comment that he hated to see the matter resolved in a manner other than by amicable negotiations; however, he candidly noted that Monterey Avenue was the heaviest traveled north/south corridor in the City of Palm Desert with some 45,000 cars per day. He didn't feel the dedication of Ms. Noel's 122 feet, Mr. Bolas' 219 feet, and Mr. Nye's 335 feet would significantly increase that number of cars, just allow them to travel easier. He said if staff was confident that every effort had been expended to resolve the situation by other means, and the subject action represented the last resort, he seconded the motion on that basis. Mayor Pro-Tempore/Vice Chairman Crites didn't feel the subject action would be without effect on traffic. If the roadway was left at two lanes, making it more congested, he believed traffic would move to other north/south corridors; however, three lanes would move traffic through at 30-40 miles per hour versus stacking it into two lanes at 20 miles per hour, which increased air pollution, noise, aggravation, etc. He challenged Mr. Bolas' comment that more trucks would go up scenic Highway 74 when the subject widening was in the opposite direction, especially when compared against other activity on Highway 74, such as the construction of homes and numerous other activities. Councilmember/Member Benson felt if it was necessary, then the City was doing the right thing. She empathized with the four property owners for the impact, but didn't think there was much else that could be done. MS. NOEL commented that her client conference room fronted on the street side, and she frequently apologized to her clients for the noise factor. It was hard for her to justify the — subject action when she looked across the street and saw ample area. She took issue with the 8 ME NUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * consideration for least private injury when she and her neighbors were the only ones being privately injured. Upon clarification of the issues for realigning the entire roadway and the substantial cost involved for taking that action versus the subject one, Ms. Noel said she understood that it was a monetary issue. However, she felt the offer made to her for the property in question was unfair; she would prefer more privacy in her conference room rather than the compensation. Councilman/Member Kelly pointed out that the subject project was an engineered, CalTrans- approved, and funded project; he feared the amount of time it might take to receive approval a second time, if at all. Additionally, he said the other side of the street had already made its contribution; whether it came out nicely landscaped or the like, that side had still contributed. In response to question about what could be done for noise attenuation, Councilman/Member Kelly didn't believe a wall could be constructed between the business and the street. When asked about how the compensation calculations were made for the affected properties, Mr. Erwin stated that was not an issue today; however, it was done by appraisal. The motion carried by unanimous vote. XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE DEVELOPMENT OF A POLICE ACTION COUNSELING TEAM (PACT) (Continued from the meetings of June 24, and July 8, 1999). Mrs. Gilligan reported that the Public Safety Commission (PSC) met in special session Monday, July 19, to again look at the subject program, including new information and answers to the questions raised at their previous meeting. She noted those answers were provided to the City Council but not to the PSC, and at its meeting of June 24, Council referred the program back to PSC, asking that the issue be revisited in light of the new information. She went on to say Dr. Sue Tonkins attended the special meeting and responded to the Commission's questions; the preliminary minutes of that session were prepared and distributed to City Council earlier today with a new staff report. She explained that while Dr. Tonkins was not available for this meeting, Mr. DeGasparin of the Probation Department was on his way, and Captain Miller and Sergeant Wilham were both in attendance to respond to Council's questions. Mrs. Gilligan felt the Commission's concerns had been addressed, particularly the issue of second and subsequent year funding, which Dr. Tonkins adamantly assured Commissioners she would not return for more funding; there was significant grant money available that she was confident of securing for the program's future. Mrs. Gilligan went on to say Commissioner 9 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jackson's concern was that the American Red Cross provided a similar service to the Fire Department, which he felt the City should continue to utilize; however, she pointed out those services were not available for domestic violence cases. Therefore, she said the Commission's vote was 2-1 with three Commissioners in attendance; Commissioner Lebel arrived at the end of the meeting and was in favor of the program, but his vote was not counted. Councilmember/Member Benson felt one of the other significant points resulting from the meeting was that in looking at today's society and ways to update and improve methods of providing service, this was a way to modernize the police department and provide it with more tools to do its job in the present era. She commented that Commissioner Hagthrop, a former chief of police, stated he wished he'd had this sort of back-up to assist his officers when he was a chief, as he felt it would have been a tremendous help. Councilmember/Member Benson believed it was Palm Desert's opportunity to do something for the community that was a one- time expenditure but would provide years and years of effect on the manner in which such episodes were handled. She went on to say Dr. Tonkins reported that the five -year -old Boston program was now self -funded, which demonstrated the amount of money available for such programs; however, there had to be a program in effect in order to apply for the funding, no start-up money was granted. She felt $78,500 was relatively small in comparison to the benefit to the City's youth. Responding to question, Councilmember/Member Benson responded Dr. Tonkins would be riding with and training the officers to deal with such situations-- children were often pushed aside while adults dealt with the issue, but it was the children who dealt with long-term traumatic effects. In further response, Councilmember/Member Benson said there were several sources for grant funding once the program was established, and Dr. Tonkins was very confident that she'd be successful in obtaining said funding. Councilman/Member Ferguson said he personally wouldn't mind if Dr. Tonkins did return for funding, adding that he too first approached the program very cynically. However, after he reviewed the program materials and Dr. Tonkins' track record-- the City of Boston being a much larger city with much larger problems-- he recognized nothing but critical acclaim was received for her work. Further, he noted she had attracted large amounts of grant money for these types of programs. He recalled that he'd visited Shelter from the Storm about a year ago at Mayor/Chairman Spiegel's suggestion, and the biggest thing to strike him was the number of children there-- every woman who availed herself of the services normally had two or three children with her. He said as Dr. Tonkins explained the program and how it minimized the impact on children, actually providing a preventative effect, he believed the program should be given a chance to work. If Dr. Tonkins was unsuccessful in obtaining the additional funding, then the $78,500 was well spent training the City's police officers to be sensitive to the needs of children, which alone was worth it to him. 10 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman/Member Ferguson moved to, by Minute Motion: 1) Concur with the recommendation of the Public Safety Commission and approve the development of a Police Action Counseling Team; 2) appropriate $78,500 from the Unobligated General Fund to the Police Services Account for funding of said program for one year. Motion was seconded by Councilmember/Member Benson. Councilman/Member Kelly commented that in light of the $8.4 million Police Services Budget, the report he recently received on the neighborhood traffic enforcement of Haystack, Grapevine, Fairway, Kansas, and some of the other problem streets which showed little, if any, patrol time spent in those areas, he had a significant issue with the Police Department over that program. Therefore, he could not support PACT when other approved programs were not being given full attention. The motion carried by 4-1 vote with Councilman/Member Kelly voting NO. Mayor/Chairman Spiegel directed staff to schedule a police briefing prior to the Regular City Council Meeting of August 26, 1999, where the Police Department would be prepared to address the neighborhood traffic enforcement program for the previously mentioned streets and Shadow Mountain Drive. Councilman/Member Ferguson noted that a full report of the neighborhood traffic * enforcement program had been made at Monday's special Public Safety Commission meeting. B. REQUEST FOR APPROVAL OF AGREEMENT FOR IMPROVEMENTS AT THE INTERSECTION OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE (CONTRACT NO. C16270, PROJECT NO. 640-98) (Continued from the meeting of July 8, 1999). Mayor Pro-Tempore/Vice Chairman Crites moved to, by Minute Motion, approve the agreement with the City of Rancho Mirage for shared costs at the subject intersection and authorize the Mayor to execute same. Motion was seconded by Councilman/Member Ferguson and carried by unanimous vote. C. REQUEST FOR AWARD OF CONTRACT FOR REAL ESTATE ANALYSIS CONSULTANT (CONTRACT NO. R16280) (Continued from the meeting of July 8, 1999). Councilmember/Member Benson moved to, by Minute Motion, award subject contract to REASCO, Palm Desert, California, for Fiscal Year 1999/2000 in an amount not to exceed $55,000. Responding to question about how much reliance was placed upon said contractor's analyses, Mr. Dennis Coleman, RDA Finance Manager, stated RDA program staff did rely upon such information when recommending certain real estate projects for approval. Further responding to question about the rates bid, Mr. Coleman stated the firms' principals charged anywhere from $130-180 per hour, with senior associates charging $100-130 per hour, noting the recommended analyst bid a regressive schedule starting at $108 per hour and reducing that amount based on the number of hours utilized per month. He affirmed that REASCO was determined to be the 11 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * lowest based upon the current usage calculated with the rates provided. Mr. Coleman went on to say the principals and senior associates of the firms would be those parties responsible for producing the necessary reports, with data gathered by their staff at the analyst level; however, REASCO's owner, Leonard Wolk, was a one-man show. Mr. Coleman responded further that seven bids were solicited by staff; four firms were from Los Angeles, one was from Santa Ana, and two were from Palm Desert. He said two firms, Keyser Marston - Los Angeles and Overland Resources - Palm Desert, did not bid; they responded by stating they did not perform financial real estate impact analysis, their firms provided assistance with real estate right-of-way acquisition and relocation. Motion was seconded by Councilman/Member Kelly and carried by unanimous vote. XH. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF WALL AND LANDSCAPING IMPROVEMENTS ON HOVLEY LANE BETWEEN KANSAS AND IDAHO STREETS (CONTRACT NO. C16160). Mr. Yrigoyen said staff had hoped to bring the Council/Agency Board a recommendation for awarding this contract to the lowest bidder. However, he reported no bids were received for the project, assuming the region's current flurry of building activity was to blame-- all contractors were currently too busy. Therefore, he requested approval of staff's negotiation of contract with a qualified contractor and award of same, providing that the project was within the engineer's overall estimate of $566,800. Mr. Ortega responded to inquiry about the funding for this project by stating it was a City project that would later be reimbursed by the Agency. Councilman/Member Kelly moved to, by Minute Motion, approve staffs negotiation of a contract for the subject project with a qualified contractor, conditioned upon the project's remaining within the engineer's overall estimate of $566,800. Motion was seconded by Mayor Pro-Tempore/Vice Chairman Crites and carried by unanimous vote. B. REQUEST FOR COUNCIL ACTION TO SELECT A REPRESENTATIVE TO ATTEND THE MILLENNIUM CELEBRATION IN PALM DESERT'S SISTER CITY, GISBORNE, NEW ZEALAND. Mrs. Gilligan stated at its last meeting, City Council approved participation in an event with _. Gisborne, New Zealand, in celebration of the new millennium, and the City would like to send a representative to participate there and be available for the coverage to be provided by KESQ. 12 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * She recalled selection of a representative was discussed; however, when that action did not take place, staff realized there was a definite urgency to make that selection since airline tickets for that destination at that time were few and far between. Therefore, if Council wished to send someone, staff wanted to make the reservations and purchase the tickets as soon as possible, and she turned it over to Council for such a decision and appropriate action. Responding to a question about the price of the tickets, Mrs. Gilligan said the three tickets she was holding currently, because of KESQ's involvement, cost $1,493 each. Councilman/Member Ferguson commented he personally felt the most logical person to send would be the Mayor, which at that time would be Mayor Pro-Tempore/Vice Chairman Crites. Further, he noted Mayor Pro-Tempore/Vice Chairman Crites was presently the Sister City Committee liaison, had previously visited New Zealand as part of a Sister City effort, and maintained contact with officials there. Councilman/Member Ferguson moved to, by Minute Motion, appoint Mayor Pro-Tempore/Vice Chairman Crites to represent the City of Palm Desert in its Sister City Gisborne, New Zealand's `Millennium Lights"celebration and participate in the television link and coverage to be provided by KESQ while there. Motion was seconded by Councilmember/Member Benson and carried by unanimous vote. XIII. REPORTS AND REMARKS A. TNFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore, Business Support Manager, said she had a report to provide with Mr. Ortega during Closed Session. 2. Progress Report on Desert Willow Clubhouse Facility Mr. Yrigoyen reported walls were going up, and the project remained on schedule. B. CITY MANAGER None 13 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. EXECUTIVE DIRECTOR 1. Request to Demolish Structures on Redevelopment Agency Property Located at 73-934 and 74-266 Fred Waring Drive. Mr. Ortega stated that this was not a Closed Session item but one that should be added to the regular agenda, which was the action taken by the Council/Agency Board under City Attorney Remarks. He went on to say the Redevelopment Agency had acquired three properties, two of which were single family homes, and one of them had a pool. In light of the maintenance issues of the landscaping on those lots, the pool, and the ultimate widening of Fred Waring Drive, staff determined the best course of action would be to demolish those structures, as the scheduled street improvements would run right up to the wall on one and through the other. He said demolition proposals were sought, and staff was in receipt of a qualified one. Upon question about what measures would be taken to mitigate the effect of a bare lot once the structures were gone, Mr. Yrigoyen reported the proposals staff sought and received were for demolishing the structures and their foundations, removing the landscaping, and leaving the properties as leveled dirt lots. In further response, he said one of the lots was located in the middle of the block between Portola Avenue and Deep Canyon, and the other one was adjacent to the five vacant lots owned by the Agency, west of Portola. Mr. Ortega responded affirmatively to the suggestion that a strip of landscaping be placed next to the sidewalk on the subject lots to enhance their appearance during the interim period between demolition and construction of the street widening. Mr. Yrigoyen further affirmed that staff would be sensitive and would take every precaution to minimize, if not avoid, any negative effects to the properties/homes adjacent to those being demolished. He went on to explain that three contractors were solicited for bids; however, only one responded, Emery Landclearing. Mr. Ortega said the bid for one of the homes was $4,999 plus $500 for asbestos inspection, noting that if substantial amounts of asbestos were found, staff would return to the Council/Agency Board for additional appropriation to take care of it. He reported the bid for the other property with pool was $7,900 plus the $500 asbestos inspection. In response to question whether consideration had been given to utilizing the subject — single family homes for low/moderate income housing instead of banking the land for the future widening of Fred Waring, Mr. Ortega said that had been contemplated. 14 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * However, when the economics of the situation were analyzed, renting the properties to low/moderate income families for approximately two years, he explained that by the time maintenance and tax issues were figured into the equation, net return was estimated at $7,000 for each property. Additionally, he said there was consideration for the fact that those families would then need to be relocated. Mayor Pro-Tempore/Vice Chairman Crites suggested that if a motion was going to be made, it should include authorization for staff to proceed with the removal of asbestos, if necessary, as there wasn't much other deliberation needed; it would have to be removed. Councilman/Member Kelly moved to, by Minute Motion: 1) Approve staffs recommendation to demolish the two single family dwellings located at 73-934 and 74-266 Fred Waring Drive; 2) accept the bids for same as submitted by Emery Landclearing, Thousand Palms, California, in the amounts of $4,999 and $7,900, respectively, plus $500 each property for asbestos inspection; 3) authorize staff to proceed with and approve funding for asbestos removal and disposal if said inspection reveals the need for same; 4) once demolition is completed, authorize the installation of a strip of landscaping next to the sidewalk on the affected properties in order to mitigate the visual effect of the bare lot until the street widening project commences. Motion was seconded by Councilmember/Member Benson and carried by unanimous vote. D. CITY ATTORNEY Mr. Erwin commented that at Council's last meeting, a resident raised a question about development along Deep Canyon and completion of the street work there. After researching the matter, he reported there were several different developers involved in the process, and currently progress was being made; completion was anticipated in the near future. For any future developments of that nature, he said his office and the Public Works Department would include, to the fullest extent they could, all of the public improvements in the first phase of development, particularly if there was any phasing involved. He presumed that would, in turn, cause some developers to ask for relief of that condition; however, it was the best way to alleviate such a problem in the future. He stated Public Works was aware of the situation and was tracking developers to ensure affected streets were finished. Secondly, he stated that Mr. Ortega requested an item be added to the agenda for Closed Session consideration pursuant to Government Code Section 54956.8. Mayor/Chairman Spiegel moved to add the aforementioned matter to the agenda. Motion was seconded by Councilman/Member Kelly and carried by unanimous vote. 15 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Land located in Section 4 - Desert Willow - Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: _x_ Price x Terms of Payment 2) Property: APN 653-360-010, APN 653-360-011, APN 653-360-012 Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Dave Yrigoyen/Palm Desert Redevelopment Agency Property Owner: ART PALM/Basic Capital Management Under Negotiation: _x_ Price Terms of Payment 3) Property: Northeast Corner of Cook Street and Frank Sinatra Drive, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: Price a_ Terms of Payment 4) Property: Southwest Corner of Highway 111 and El Paseo, Palm Desert, CA (APN 640-080-011-6) Negotiating Parties: Agency: Carlos L. Ortega/Dave Yrigoyen/Palm Desert Redevelopment Agency Property Owner: Palm Desert Redevelopment Agency Under Negotiation: _x._ Price Terms of Payment NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. J. M. Madera, LLC (Caesar Emperor), Riverside County _ Superior Court Case No. 12724. 16 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: ..2_ 2) Report and Action on Items from Closed Session Made at This Meeting. None E. CITY CLERK/AGENCY SECRETARY Mrs. Gilligan noted that Mr. DeGasparin had made it to the meeting to respond to Council's questions regarding the PACT program. However, she said when Captain Miller advised him that the item had already been considered and approved, then expressed appreciation for his appearance, he left. F. MAYOR/CHAIRMAN AND MEMBERS OF THE CITY COUNCIL/REDEVELOPMENT AGENCY o City Council/Redevelopment Agency Requests for Action: 1. Regional Housing Issues (Mayor Pro-Tempore/Vice Chairman Buford A. Crites) Mayor Pro-Tempore/Vice Chairman Crites noted that Supervisor Wilson had telephoned him this morning to ask that he bring to the attention of his colleagues the fact that Monday night's CVAG agenda included proposed action regarding the Coachella Valley's housing element. He went on to say SCAG's proposed recommendation was to place nearly 7,000 units in the unincorporated area, which, from Supervisor Wilson's standpoint, only promoted urban sprawl into otherwise undeveloped areas. Additionally, he noted Supervisor Wilson's lack of confidence in the stated numbers; therefore, Supervisor Wilson planned to attend Monday's meeting to request that there be a review of SCAG's numbers, in addition to asking that the year 2000 census be utilized rather than the data currently available. He believed the City of Palm Desert would want to support such an appeal for reexamination of the data. Councilman/Member Kelly commented he felt very strongly about the numbers recommended by CVAG; he lacked confidence in the County's numbers, stating he felt those numbers weren't necessarily in the best interest of the affected cities. Further, he said SCAG had invested quite a bit of time formulating reasonable numbers to present, and he believed they were. Mayor/Chairman Spiegel added that he didn't feel a decision would be made at Monday's meeting. 17 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon further inquiry and suggestion by Mayor Pro-Tempore/Vice Chairman Crites, the Council/Agency Board concurred that it was probably too large an issue to be agendized for brief discussion at the next regular City Council meeting on August 26; it would await further report at a later date. 2. Sister City Program (Councilman/Member Jim Ferguson) Councilman/Member Ferguson said he would like to see the Sister City Committee formed as soon as possible so that it could work with Mayor Pro- Tempore/Vice Chairman Crites to put together a presentation from the City and an invitation to invigorate the present Sister City relationship when he travels to Gisborne later this year. Mrs. Gilligan commented that there was a brainstorming session scheduled for August 3; a subcommittee including members of the Planning Commission, Civic Arts and Promotion Committees, the Chamber of Commerce, and Mayor Pro-Tempore/Vice Chairman Crites would sit down to discuss how Palm Desert's Sister City program should be structured. Following that session, she said a report and recommendation would be presented to Council at its August 26 meeting. When asked if members of the private sector would be included in the August 3 session, Mrs. Gilligan responded affirmatively and that the individual Councilman/Member Kelly suggested would be invited to attend, as well. Councilman/Member Kelly stated he was interested in exploring alternative methods of funding the program, noting some other cities had programs which were funded by outside sources. He felt the Palm Desert community would be very receptive to supporting such a venture, including something like taking trips that were connected to city festivities. Responding to further inquiry and suggestion, Mrs. Gilligan said planning for the trip to New Zealand could be included in the brainstorming session about the overall program on August 3. Further, she said members of the Civic Arts Committee, who were already geared to serve on the Sister City Committee, could meet with Mayor Pro-Tempore/Vice Chairman Crites to formulate a presentation that would also be reported on August 26. She responded that Civic Arts Committee members had not yet been appointed to the Sister City Committee, stating that the Council conceptually approved the creation of such a subcommittee to Civic Arts. 18 MINUTES ADJOURNED JOINT MEETING OF THE PALM DESERT CITY COUNCIL AND PALM DESERT REDEVELOPMENT AGENCY JULY 22, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor/Chairman Spiegel added that Civic Arts was going to return with its recommendation whether it felt a Sister City Committee was appropriate, noting that not everyone there agreed it was needed. Mrs. Gilligan concurred and reiterated that there would be a report and recommendation at the August 26 meeting. o City Council/Redevelopment Agency Committee Reports: None XIV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE HOUSING COMMISSION. Councilmember/Member Benson moved to, by Minute Motion, appoint Alternate Member Leo Sullivan to sit as an official member of the Housing Commission for the Palm Desert Housing Authority to fill the vacancy created by the resignation of Gilbert Holmes. Motion was seconded by Councilman/Member Kelly and carried by unanimous vote. XV. ORAL COMMUNICATIONS - B None XVI. ADJOURNMENT Upon a motion by Councilman/Member Ferguson, second by Mayor/Chairman Spiegel, and unanimous vote of the City Council/Agency Board, Mayor/Chairman Spiegel adjourned the meeting to Closed Session at 4:07 p.m. He reconvened the meeting at 4:40 p.m. and immediately adjourned with no action announced from Closed Session. SHEILA R. GI IIIGAN CITY CLERK/AGENCYSECRETARY CITY OF PALM DESERT, CALIFORNIA/ PALM DESERT REDEVELOPMENT AGENCY ROBERT A. SPIEGEL, AY(t/HAIRMAN 19