Loading...
HomeMy WebLinkAbout1999-05-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:06 p.m. 11. ROLL CALL present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites arrived at 4:09 p.m. 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 Richard J. Folkers, ACM/Director of Public Works 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/City Treasurer Rachelle D. Klassen, Deputy City Clerk III. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 13, 1999. This item was removed for separate discussion under Item IV, 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. 52, 53, and 53PD Office Complex. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MINUTES of City Committee/Commission Meetings. 1. Golf Course Committee Meeting of March 8, 1999. 2. Citizens' Advisory Committee for Project Area No. 4 Meeting of April 19, 1999. Rec: Receive and file. D. RESOLUTION NO. 99-45 - 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 & Safety that Have Been Microfilmed (April 1999). Rec: Waive further reading and adopt. E. REQUEST FOR APPROVAL of NationsBanc Montgomery Securities as a Primary Dealer within City of Palm Desert's "Statement of Investment Policy." Rec: By Minute Motion, approve the addition of NationsBanc Montgomery Securities LLC as a primary dealer to Exhibit A of staff report in the City of Palm Desert "Statement of Investment Policy". F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Intersection Improvements and Purchase of Traffic Signal Equipment for Monterey Avenue and Country Club Drive (Project 640-98) (Contract No. C16010). Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the Monterey Avenue and Country Club Drive Intersection Improvements; 2) authorize the staff to purchase the traffic signal controller assembly, poles and mast arms for the intersection of Monterey Avenue and Country Club Drive, in an amount not to exceed $50,000. G. REQUEST FOR RATIFICATION of Contract with Allan Levin Associates to Provide Construction Management Services for Desert Willow Clubhouse (Contract No. C16020). Rec: By Minute Motion, ratify the contract with Allen Levin Associates, Palm Desert, California, to provide construction management services on an as -needed basis, allocating $36,000 from Account No. 400-4663-454-4001. H. REQUEST FOR EXTENSION of Fleet Maintenance Services Agreement (Contract No. C12882). Rec: By Minute Motion, extend the fleet maintenance services with M & N Mobil Service Center, Palm Desert, California, for a one year period. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REQUEST FOR EXTENSION of Sweeping Contract for City Maintained Parking Lots (Contract No. C06807). Rec: By Minute Motion, authorize a one year contract extension with M & M Sweeping, Thousand Palms, California, in the amount of $6,960 for power sweeping Presidents Plaza parking lots ($355 per month) and Palm Desert Soccer Park parking lot ($225 per month). J. REQUEST FOR APPROVAL of Maintenance and Easement Agreement with Portola Country Club (Project 699-97) (Contract No. C16030) Rec: By Minute Motion, authorize the Mayor to execute a Maintenance and Easement Agreement between the City of Palm Desert and Portola Country Club, Palm Desert, California. K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C14660 -- Green Way Drive, Cook Street, and 42nd Avenue Intersection Improvements (Project 641-99). Rec: By Minute Motion, approve Change Order No. 1 to the subject contract with Sanborn Inc., Palm Springs, California, in the amount of $5,250. L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C15490 -- Engineering Design Services for Extension of Joni Drive between 42nd Avenue and Velie Way (Project 627-99). Rec: By Minute Motion, approve Change Order No. 1 to the subject contract with JMS Engineering, Inc., Palm Desert, California, in the amount of $2,500. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C13580 -- Block Wall Demolition at San Pablo Avenue and Royal Palm Drive Well Site (Ground Zero). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project and appropriate funds in the amount of $5,000 from Account No. 410-4159-415-3090 for architectural enhancements. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C14440 -- Traffic Signal Street Improvements at Monterey Avenue and Fred Waring Drive (Project 635-98) (Contreras Construction). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REQUEST FOR APPROVAL of Adoption of a Tow Service and Storage Policy. This item was removed for separate discussion under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. P. REQUEST FOR RELEASE of Improvement Securities for Parcel Map 28830 (Robert Briggs/Michael Hay, Applicants) . Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. REQUEST FOR APPROVAL of Final Tract Map 27370 (GNA Holdings, Inc., Applicant). Rec: Waive further reading and adopt Resolution No 99-46 approving Tract Map 27370. R. REQUEST FOR AUTHORIZATION to Expend Funds -- Cal Cops 98-99. This item was removed for separate discussion under Item IV, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. S. Ix i t tx OF RESIGNATION from Jim Lopez from the Promotion Committee. Rec: Receive with very sincere regret. T. LETTER OF RESIGNATION from Janet L. Brody from the Civic Arts Committee. Rec: Receive with very sincere regret. U. LETTER OF RESIGNATION from Gayl Biondi from the Library Promotion Committee. Q. Rec: Receive with very sincere regret. Mrs. Gilligan stated she wished to have Items A and R held over for separate consideration. Councilman Kelly requested Item 0 be held over. Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Kelly, and unanimous vote of the City Council, the remainder of the Consent Calendar was approved as presented. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of May 13, 1999. Mrs. Gilligan requested the May 13, 1999, Minutes be continued to the meeting of June 10, 1999, as they were incomplete. Councilman Ferguson moved to continue the subject item to the meeting of June 10, 1999. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. O. REQUEST FOR APPROVAL of Adoption of a Tow Service and Storage Policy. Councilman Kelly wondered if staff met with anyone who had registered previous complaints about the policy. Mr. Diaz responded that staff had not, and he offered to do so if the matter was continued. He commented there was one individual in particular who expressed displeasure. Councilman Kelly moved to, by Minute Motion, adopt a tow service and storage policy as further outlined in the staff report, subject to City Manager's discussion with the interested party to satisfactorily address concerns, and if any suggestions are made to amend the policy, it would come back to City Council for approval. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. R. REQUEST FOR AUTHORIZATIQN to Expend Funds -- Cal Cops 98-99. Mrs. Gilligan said she asked this item be removed because an error in the total dollar amount of the request was caught after the agenda had been distributed, noting the matter had been before the Public Safety Commission at least twice. She reported the memo within the agenda packets stated an amount of $34,839.92, and it should have been $77,775.56. Mayor Spiegel said he didn't fully understand what the City was getting for that amount. Captain Dan Miller, Palm Desert Police Chief, responded the subject request was for front line law enforcement equipment, as stipulated in the grant award, and CalCops 98/99 Grant funds had to be expended prior to June 30. In further response to Mayor Spiegel, Chief Miller said the money was from the State of California and would be lost if not spent prior to the deadline. Councilman Kelly moved to, by Minute Motion, concur with the recommendation of the Public Safety Commission, and approve the expenditure of CalCops Grant Funds totaling $77,775.56 for equipment as outlined in the staff report. Motion was seconded by Councilmember Benson and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. RESOLUTIONS A. RESOLUTION NO. 99-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPHOLDING AN APPEAL TO A PLANNING COMMISSION DECISION APPROVING A CONDITIONAL USE PERMIT FOR A MASTER PLAN OF DEVELOPMENT FOR A DRIVE-THRU RESTAURANT (JACK-IN-THE-BOX), CONVENIENCE STORE, GAS BAR, MINI STORAGE FACILITY, A PRECISE PLAN OF DESIGN FOR THE JACK-IN-THE-BOX RESTAURANT (INCLUDING DRIVE-THRU), CONVENIENCE STORE INCLUDING SALE OF BEER AND WINE, AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR PROPERTY AT THE NORTHWEST CORNER OF WASHINGTON STREET AND COUNTRY CLUB DRIVE, APN 607-070-017, 78-078 COUNTRY CLUB DRIVE. Case Nos. MP/CUP 99-1 and PP 224 (Travis Engineering, Applicant). Mr. Diaz commented there had been no changes, and staff recommended adoption. Councilman Kelly moved to waive further reading and adopt Resolution No. 99-47. Motion was seconded by Mayor Spiegel and carried by unanimous vote. B. RESOLUTION NO. 99-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL AND A PRECISE PLAN/CONDITIONAL USE PERMIT FOR A 60-BED SINGLE STORY SENIOR ASSISTED LIVING COMPLEX AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO ON 3.77 ACRES AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND HOVLEY LANE, 73-055 Hovley Lane Case No. PP/CUP 99-2 (The Damone Group, LLC, Applicant). Mr. Diaz stated no changes had been made and adoption was recommended. Councilman Kelly moved to waive further reading and adopt Resolution No. 99-48. Motion was seconded by Mayor Pro-Tempore Crites and carried by a 3-1-1 vote with Councilmember Benson voting NO and Councilman Ferguson ABSTAINING. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VL ORDINANCES For Introduction; A. ORDINANCE NO. 914 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING CHAPTER 10.50 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO VALET PARKING. Mr. Folkers stated that the subject matter was an effort to clean up the 1993 ordinance and noted Transportation Engineer Mark Greenwood would provide further information to the Council. Upon question by Mayor Spiegel, Mr. Greenwood said the major change effected by the ordinance was that valet parking operations occurring entirely on private property, not affecting parking on public streets or lots, would no longer be required to obtain a valet parking permit. Councilman Kelly was concerned about the effect this change would have on parking lots which were required as a condition of approval on certain developments. He felt if the City required parking for a particular project to assure a certain number of parking spaces, they should not be allowed to become valet; he was irritated when valet parking took up all the convenient parking at a center. He added that even though it wasn't true public parking when it existed on private property, those spaces were made for customer convenience. Therefore, he felt the City had a responsibility to monitor such situations. Mayor Spiegel agreed. Mr. Greenwood commented several areas with that situation existed, the Marriott, Bighorn, Palm Valley Country Club-- enclosed areas that the City had difficulty regulating under the current ordinance. Further, he said no complaints had been received about the current valet parking situation on private property, except from some restaurant operators who felt the City hampered their operation and restricted their business. Councilman Kelly noted it wasn't the type of complaint most people would take time to register, but they were still irritated. In response to Mayor Pro-Tempore Crites' question about specifically what restaurant operators complained about, Mr. Greenwood said certain restaurants felt that all of their clientele would prefer valet parking; the current City restriction allowed for only 50% of the lot to be valet, which caused them aggravation. Mayor Pro-Tempore Crites asked for clarification if he understood that the proposed ordinance allowed a developer or building owner to make their parking lot 100% valet, and any customer who didn't wish to park valet had to search for a spot elsewhere, meaning the City's parking regulations no longer applied. Mr. Greenwood responded affirmatively, 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * explaining that staff felt it worded the regulation in such a way to provide for situations when the private parking lot was completely reserved and customers overflowed onto other properties or public streets, then the lot became a regulated valet operation. Councilman Kelly felt that if those who valet parked complained because a space was taken where they wished to valet, it told him someone else wanted to park there; and if it was all valet, they wouldn't have a problem because no one would be parked in the other spaces. Mr. Greenwood acknowledged that point, noting the proposed ordinance was not based on the request of valet operators. Councilman Kelly went on to say he could think of several places that fell into that situation, noting it irritated him and constituents who expressed their irritation to him. Councilman Ferguson suggested the sphere of regulations include the areas of concern expressed by Councilman Kelly and exclude those areas (i.e. Bighorn, Marriott) where the regulations should clearly not apply. Councilman Kelly stated the parking lot utilized by Captain Cook's was an example of the situation to which he referred. Mr. Greenwood noted there was no permit on file for Captain Cook's. Mayor Spiegel felt Ruth's Chris was probably the best example of an establishment with limited parking and that wanted it all valet. Mayor Pro-Tempore Crites reiterated his point that under the proposed valet ordinance, a restaurant like Ruth's Chris would be allowed to take the entire space for valet parking if they chose to do so. However, Mr. Greenwood explained that if the public street was affected, which would occur if all the private parking was reserved, the establishment would be subject to a permit, even under the revised regulation. Mr. Greenwood clarified that staff took the position that it would trust businesses until a problem developed rather than forcing a regulation upon them. Mayor Pro-Tempore Crites and Councilman Kelly wanted to know which valet operator spurred the ordinance change. Mr. Greenwood replied it was a problem at the Marriott; a valet operator complained that the Marriott was not required to obtain a permit, nor was Bighorn. He commented that Bighorn wouldn't even allow City staff on site to inspect whether they were in compliance with the requirements of their permit. Councilmen Kelly and Ferguson agreed those types of establishments should be separated from the regulation. Mr. Folkers added staff would recommend continuance; its intent was to decrease the amount of regulation and sort out instances where violations occurred. He said with what Council had indicated in this discussion, staff would revisit the matter. Council concurred. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel moved to continue the revised valet parking regulation indefinitely with Mayor Pro- Tempore Crites and Councilman Kelly to be included in the review process prior to its return for full Council consideration. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. B. ORDINANCE NO. 915 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.40 OF THE PALM DESERT MUNICIPAL CODE RELATING TO RECREATION VEHICLES ON PRIVATE PROPERTY. Mr. Hart Ponder, Jr., reported the subject ordinance resulted from direction given at the May 13, 1999, meeting to amend the current regulation for recreational vehicles on private property. He noted the increased width from eight feet to 102 inches had been included in the ordinance. Councilman Kelly moved to waive further reading and pass Ordinance No. 915 to second reading. Motion was seconded by Councilman Ferguson and carried by unanimous vote. C. ORDINANCE NO. 916 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING LASER POINTERS AND ADDING CHAPTER 9.69 OF THE CODE OF THE CITY OF PALM DESERT. Mrs. Gilligan stated the subject item was presented to the Public Safety Commission by the Police Department, and it had been through several different meetings there and revisions by the City Attorney. Additionally, she said participants in the Student Government Day were also asked for their input, and each of them supported this type of regulation. Therefore, staff recommended introduction of the ordinance. Councilman Ferguson moved to waive further reading and pass Ordinance No. 91f to second reading. Motion was seconded by Councilman Kelly and carried by unanimous vote. For Adoption: A. ORDINANCE NO. 909 - AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO SECTION 25.16.030 TO ALLOW OFFICE PROFESSIONAL PARKING LOTS AS A CONDITIONAL USE WITHIN THE R-1 ZONE WHEN DIRECTLY ADJACENT TO OFFICE PROFESSIONAL (O.P.) ZONES AND CONSISTENT WITH RECOMMENDATIONS OF A SPECIFIC PLAN Case No. ZOA 99-1 (City of Palm Desert, Applicant). Mr. Diaz noted no changes had been made since the ordinance's introduction, adoption was recommended. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to waive further reading and adopt Ordinance No. 202 Motion was seconded by Councilmember Benson and carried by unanimous vote. VII. NEW BUSINESS A. REQUEST FOR APPROVAL TO TRANSFER OWNERSHIP OF VEHICLE NO. 15 FOR ONE YEAR TO COLLECT RECYCLABLES FROM PALM DESERT BUSINESSES. Mayor Spiegel understood Foundation for the Retarded would perform the collection, but he asked for a description of Vehicle No. 15. Ms. Lisa Constande, Environmental Conservation Manager, stated it was a cab vehicle with flatbed that was not used as frequently now that much of the park maintenance work was performed under contract. She noted it would only be used for one year, and then it would return to the City's fleet. In further response to Mayor Spiegel, she said the grant application had requested two vehicles; however, only one was approved. Councilmember Benson moved to, by Minute Motion, authorize transfer of ownership of subject vehicle to the Foundation for the Retarded of the Desert. Motion was seconded by Councilman Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSTAINING. B. REQUEST FOR DONATION OF SURPLUS VEHICLES. Mr. Diaz said staff recommended donation of the two excess vehicles rather than selling them to the Coachella Valley Recreation and Park District. In response to Councilman Kelly, Mr. Folkers replied they were two S-10 Chevy pick-up trucks. Councilman Ferguson moved to, by Minute Motion, authorize the donation of two of the City's surplus vehicles to the Coachella Valley Parks and Recreation District. Motion was seconded by Councilman Kelly and carried by unanimous vote. C. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT — TRACT 25373 STORM DRAIN CONSTRUCTION (Don Norris, Applicant). Mayor Pro-Tempore Crites moved to, by Minute Motion, enter into a Reimbursement Agreement and authorize the Mayor to execute same. Motion was seconded by Mayor Spiegel and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION APPROVING A SIGN PROGRAM, SUBJECT TO CONDITIONS, AND AN EXCEPTION TO THE SIGN WALL HEIGHT LIMIT AT 74-215 AND 74-235 HIGHWAY 111, THE Suu intAST CORNER OF EL PASEO AND HIGHWAY 111 Case No. C98-2 (Ocean Properties Development, Applicant). Councilman Ferguson stated for the record that he just concluded litigation with the sellers of this development, and the settlement agreement involved the current Applicant; therefore, he would abstain from this item. Mayor Spiegel noted the subject project was proposed next to LG's Prime Steakhouse. Mr. Steve Smith, Planning Manager, noted the display of plans on the wall for this case and the sign proposal included in the agenda packets. He stated the Applicant submitted a sign program to the Architectural Review Commission (ARC), and it was approved after several meetings with a reduced number of signs on each elevation (1-north, 1-east, 1-south, 2-west). Additionally, he said the letter size was decreased (reverse channel letter signs) from 24 inches to 12 inches, and part of this application included a request for an exception to the height. He reported maximum height for wall signs per Code was 20 feet, and the request was for signs up to 29 feet. He said the Applicant filed an appeal following the ARC action, and through the appeal was asking for one additional sign on the north elevation; the Applicant also initially requested reinstatement of 24 inch letters. In reviewing the appeal, he said staff was willing to split the difference and grant the appeal in part by adding an additional sign to the north elevation and to indicate that 18 inches would be an acceptable letter height. In response to Mayor Spiegel's question about how the proposed project would affect the view of LG's and Kaiser Grille, Mr. Smith said LG's and Kaiser would be partially cut from view. Mayor Pro-Tempore Crites noted the old Desert Magazine building was probably historically, the most significant building in the community. He asked what the Applicant had done to ensure his buildings blended with the existing, noting first appearance indicated no relationship. Mr. Smith responded the building had been modified from its approval in 1991, and staff felt it had become more like the Desert Magazine building, but he wasn't completely confident of the match. Mr. Drell added that two or three ARC meetings with considerable discussion were devoted to that very issue, noting that the displayed elevations did not reflect the condition of approval with three-inch radiused edges, just as they were on the existing building, including a hand -troweled stucco finish. He felt one of the deficiencies of the architect's CAD (Computer Aided Drafting) system didn't allow for that changed feature to show on the renderings, as ARC too felt it was a hard -edged, contemporary building. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites expressed his concern that it was still a modern looking building with round edges, and he asked if the project could be referred back to ARC. Mr. Diaz responded that could be done, and the Applicant could be required to redraw the project to reflect the conditions of approval. Councilmember Benson commented that if the project was to be sent back, she felt it could revisit the signs too. She said when it was before the Zoning Ordinance Review Committee (ZORC), it was felt rather than signs on every building, there should be a monument sign on the comer. Councilman Kelly said he preferred a sign on the building so he knew exactly which one contained the business he sought. MR. SAM RASMUSSEN, President of Ocean Properties Development, 1919 Grand Avenue, San Diego, CA, and the owner of this property, said his company had gone to great lengths, although the renderings displayed were submitted approximately six or eight months ago and represented the original renderings submitted to the City. He said his company recognized the importance of the existing building and its historical value, dating back to 1948 when it was the only building in town. Unfortunately, he said they had gone to a great deal of effort concerning fountains that was also not depicted in the exhibit; there would be five fountains, and the entire building would be wrapped in a Mediterranean canterra stone, something similar to what would have been seen when the existing building was constructed. He went on to say the troweled stucco finishes were identical, the radiusing would be identical, and the landscaping would be desertscape compatible to the existing; the actual footprint of his project would be identical to that which Council and Planning Commission approved in 1991 and 1992-- the heights were the same, the density and parking were the same, but thoroughly enhanced to reflect compatibility. He noted the existing restaurant building was designed in 1948 as an office building that failed; Bank of America moved out, Desert Magazine moved out, and in today's environment, it still wouldn't be a leasable, developable building for the marketplace. Therefore, rather than trying to emulate and design with log poles through the side, noting three sides of the restaurant building didn't even have a window, their design goal was to match and be complementary, ending up with an office building of Mediterranean/desert theme that still had some office windows. In fact, he said in 1991 the approved windows on the project were floor to ceiling, and his company reduced them to a three foot height wrapped with canterra stone to accomplish compatibility. He clarified that with regard to sign height, the property's zoning was not office professional but commercial, and their leased tenants— A. G. Edwards, as anchor, and a national credit bank— were quasi -retail, as opposed to office professional, and they didn't want the building to appear like the ones at Monterey and Fred Waring that were peppered with signs. He felt the proposed signage was less than one-third of what would be allowed by Code, noting it was very simple, elegant, and just fronting Highway 111. He said the reason for the height request from 12 to 18 inches was that ARC required, and his firm concurred with, expensive, back -lit halo lighting, which meant every letter had a neon on its interior; and if a neon letter was restricted to 12 inches in height, the actual width of each portion of the letter had to be about three or four inches wide. Although the intent was to 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * result in a smaller sign, he said it resulted in a boxy sign— only box letters could be used because of the neon width requirement, and national credit tenants, like A. G. Edwards, needed elongated letters to reflect their recognized logo. In addition, if it was restricted to a 12 inch letter, he said only upper case letters could be utilized for the sake of clarity, and that would further deteriorate the sign's look. He fully agreed with staff; although he initially requested 24-inch high letters, he called Mr. Smith to convey his concurrence with the recommendation for 18 inches and to just add one extra sign. In response to Mayor Pro-Tempore Crites' question about height of sign placement, Mr. Rasmussen said he was unsure where the 29-foot figure came into play; the top of the highest parapet wall was 29.5 feet, with three parapet walls slightly higher (12 to 18 inches) than the main portion of the building. He said ARC required signage to be centered on the parapet wall, which he thought was approximately 24 feet, slightly higher than the 20-foot height limitation. He said from the start, they looked at placing signage on the spandrel, but it was all canterra stone in the recessed middle of the building; the parapet wall was the only logical place for signage, as proposed from day one of the review process. Upon question by Councilmember Benson, Mr. Rasmussen said he was not contesting ARC's approval of 1-north, 1-east, 1-south, and 2-west, calling Council's attention to the revised signage plan he submitted for inclusion in their packets, including the 18-inch lettering and the relationship between the parapet wall and actual sign height. Mr. Rasmussen added this had been a long, difficult process; they'd worked hard on the project, and they believed the conditions of approval would make it an excellent addition to the community, mirroring as closely as possible the Desert Magazine building. He respectfully requested that Council not refer it back to ARC, offering that he would be happy to provide color renderings submitted through plan check to exhibit the radius corners, etc., as he was attempting to be permit ready on the project in July due to a time table on the project's construction loan. Additionally, he stated A. G. Edwards had a space delivery date since they had to move from their existing location. Councilman Kelly felt staffs recommendation was appropriate, and he moved to, by Minute Motion: 1) Approve a height exception to allow signs no higher than 29 feet above adjacent grade; 2) grant the appeal in part to permit letter height to a maximum of 18 inches and to permit a maximum of two tenant identification signs on the north elevation of Building "A" (west building). Motion was seconded by Mayor Spiegel and resulted in a tie with Councilmember Benson and Mayor Pro-Tempore Crites voting NO and Councilman Ferguson ABSTAINING. Mayor Spiegel moved to continue the matter to the meeting of June 10, 1999, directing the developer to meet with Mayor Pro-Tempore Crites. Motion died for lack of a second. Mayor Pro-Tempore Crites felt there was a reasonable option other than placing the signage 26 to 28 feet in the air; that was his only problem with the project. Councilman Kelly noted 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * that was how the building was, and it would be faced in the center of the spandrel; he didn't see how the signs could be moved down. In response to Mayor Spiegel's question, MR. RASMUSSEN said he understood Mayor Pro-Tempore Crites' concern. He commented that the center spandrel was recessed six feet from the building's vertical elements, had a typical width of only 10 or 12 feet, and was covered with canterra stone; therefore, the signage he requested was nearly identical to the Paine Webber signage at its location. He offered to keep the signs at 12 inches, but he was unable to move them down on the canterra stone-- he couldn't lease the building nor could he get a tenant sign in that area. He added that there would be trees in front of the building, and the canterra stone was a high end stone that they preferred not to drill into; the only place deemed appropriate for signage was the parapet wall. Councilmember Benson asked how many businesses were anticipated for the building. MR. RASMUSSEN responded they expected five or six of a major size, and they weren't the traditional office professional that didn't require signage-- they were major brokers, real estate companies, that all needed a reasonable form of signage, that was why they were coming to Highway 111 for reasonable exposure. In further response to Councilmember Benson about other businesses signs, he responded they would be identified on an interior directory, and an approximately $50,000 water fountain monument sign would identify the project as One El Paseo so that smaller tenants could direct their clients there. He said there was no way to incorporate the other tenants into the monument sign. Mayor Pro-Tempore Crites noted that in the requested approval, there was less signage than was allowed, which led him to ask whether this acceptance ended the right to further signage. Mr. Drell said it did; anything else would have to come back for special approval. Mr. Diaz added Council could specify that as a condition of the approval. Mayor Pro-Tempore Crites asked where Council could see the actual application of a 12-inch and an 18-inch sign at that height for the sake of comparison, taking into consideration the Applicant's aesthetic concerns. He asked the Applicant if he would be amenable to Council's approval of the project subject to final signage issues. MR. RASMUSSEN responded his firm was on Council's side; they wanted the project to be sharp with elegant, custom signage. In response to Mayor Spiegel's inquiry, MR. RASMUSSEN suggested Council's approval of a 12-inch sign height limit, with his bringing back at Council's next meeting an 18-inch and a 12-inch high sign to display in the Chamber for a decision. He said that action would allow them to move forward, and if Council deemed the 18-inch sign inappropriate, they would stick with 12. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel moved to, by Minute Motion: 1) Approve a height exception to allow signs no higher than 29 feet above adjacent grade; 2) grant the appeal in part to permit letter height to a maximum of 12 inches and to permit a maximum of two tenant identification signs on the north elevation of Building "A" (west building) with the Applicant permitted to return to the meeting of June 10, 1999, to present his argument of 12-inch versus 18-inch sign letters. Motion was seconded by Councilman Kelly and carried by a 4-0-1 vote with Councilman Ferguson ABSTAINING. E. CONSIDERATION OF REQUEST FROM MEDIA ONE RELATIVE TO FIBER OPTIC NODE FOR THE PALM DESERT PORTION OF "THE RESERVE" HOUSING DEVELOPMENT. Mr. Wohlmuth noted Mr. Ray Janes would provide the subject staff report, and Mr. Bob Rubery of Media One was also in attendance to provide further information, if necessary. Mr. Ray Janes, Management Analyst II, said staff recommended Council concur with the Public Safety Commission and allow Media One to use one feed at The Reserve development. He said this recommendation was based on the expense involved in providing two feeds; 50 homes in the development would be in Palm Desert, 200 would be in Indian Wells, at a cost of $480,000 to install the second feed (node). Councilman Kelly asked why the matter received Public Safety Commission consideration. Mrs. Gilligan replied that Public Safety Commission had discussed placement of crime alert notices on the City's cable access channel. She said there was a feeling that the 50 subject homes would be Palm Desert residents, and they should be provided with Palm Desert information. Mr. Janes added that the residents would be covered by the primary EAS (Emergency Alert System) for the whole Valley; therefore, they'd receive notification of a major disaster. Councilmember Benson noted that the $480,000 cost to provide 50 residences with a feed would more than likely be passed along to the rest of Palm Desert's residents, which she felt would have been unfair. Mayor Pro-Tempore Crites moved to, by Minute Motion, concur with the recommendation of the Public Safety Commission and allow Media One to serve all Palm Desert residents of "The Reserve" with its Indian Wells feed. Motion was seconded by Mayor Spiegel and carried by a 4-1 vote with Councilman Ferguson voting NO. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. CONTINUED BUSINESS A. REQUEST FOR APPRQ AT, FOR DATE PALM REMOVAL ON COUNTRY CLUB DRIVE AND RELOCATION TO THE CIVIC CENTER PARK (Continued from meeting of May 13, 1999). Mr. Diaz stated the subject item was on the agenda because it was continued to this meeting. However, he had sent a memo to Council indicating why the trees had to be moved when they were. In response to Councilman Ferguson's request for the reason, Mr. Diaz said water in the medians had been turned off in order to begin planting of the new landscape. He went on to say eventually, the date palms would have required relocation; the replacement palm trees were of the same type as utilized at Desert Willow, and the date palms were needed in Civic Center Park. Additionally, he said he'd spoken with Mr. Swank in response to his concern for the palm trees and learned that his concern was not with the palm trees, but he wanted the jacaranda trees to remain. Councilman Kelly moved to, by Minute Motion: 1) Make a finding pursuant to Palm Desert Municipal Code 3.32.080 that an emergency purchase of services to remove and relocate date palm trees are essential to the public's health, welfare and safety and, therefore, exempt from the formal bidding procedure; 2) authorize the Mayor to enter into an agreement with Economy Tree & Crane Service, Thousand Palms, California, to remove and relocate 32 (35 to 40 foot) date palm trees from the Country Club Drive medians to the Civic Center Park, in the amount of $19,143.80 -- funds are available in Account No. 110-4610-453-3370. Motion was seconded by Mayor Spiegel. Councilman Kelly said the issue had been discussed at length at the Landscape Subcommittee. Councilman Ferguson was concerned that he hadn't yet heard a reasonable and logical explanation for why healthy trees were removed from a median on one of Palm Desert's major tourist corridors to be replaced by non -indigenous trees. Further, he was concerned about the $20,000 cost involved, and if the Marriott made certain representations with regard to the project, why Marriott was not assisting the City in the relocation of those trees; the Council should be more sensitive to Palm Desert's tourist elements, which he felt included palm tree landscaping in the medians. Mr. Folkers stated the trees being removed were date palms, which were non -indigenous, and they were being replaced with California Fan Palms that were indigenous, similar to those on the Desert Willow perimeter, and the median's compatibility with the north side of the street was one of the reasons. Additionally, he said with regard to Marriott, they had indicated they wanted to use the date palms; however, some of the City's trees in the Civic Center perimeter had died, and the subject trees were serving as replacements, bringing the area back in line with the City's landscape standards. In further response to Councilman 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ferguson, Mr. Folkers said the jacarandas which had been in those medians were done away with. Mayor Pro-Tempore Crites and Councilman Kelly added the jacarandas were unhealthy and unsuitable for drought tolerant landscaping. Mayor Pro-Tempore Crites noted that even if the medians were left in turf, those jacarandas were planted when the Marriott was built; therefore, they had been sandblasted for many years-- almost every one of them was leaning and missing at least half of their cambium, at best about a half trunk alive. He went on to say the jacarandas needed to be removed purely for forestry issues, and in that light, he referred to the location on Highway 111 in front of the Town Center, stating he felt jacarandas were not good median trees. Therefore, he said the medians would now contain California Washingtonian filifera, which tended to stay shorter than date palms and Baja fan palms, meaning they were less likely to be affected by high winds, nor would they have topping problems. Councilman Ferguson said he appreciated the explanation. The motion carried by unanimous vote. B. PRESENTATION TO SAPNA PEDMENABHAN, RIVERSIDE COUNTY SPELLING BEE CHAMPION (Continued from the meetings of April 22, 1999, and May 13, 1999). On behalf of the City Council, Mayor Spiegel presented Palm Desert Middle School student Sapna Pedmenabhan with an engraved brass platter recognizing her for being named champion of the recent Riverside County Spelling Bee by her spelling of the word "eponymous." Mayor Spiegel noted she was on her way to Washington, D.C., to represent the County in the National Spelling Bee. Further, Mayor Spiegel commented he would also be making a presentation to Ms. Pedmenabhan at the upcoming Palm Desert Middle School graduation ceremony. C. PROCLAMATION DECLARING MAY AS NATIONAL MENTAL HEALTH MONTH 1999 (Continued from the meeting of May 13, 1999). On behalf of the City Council, Mayor Spiegel presented a proclamation declaring May as National Mental Health Month 1999 in the City of Palm Desert to Mr. Tom Pettit on behalf of the Riverside County Department of Mental Health. Mr. Pettit asked if he and three or four board members could return in the next few months to make a brief presentation to the Council about the status of mental health in the desert region, specifically Palm Desert. Mayor Spiegel said he would have the City Clerk's office look into making the arrangements. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE DESIGN AND CONSTRUCTION OF THE INTERSECTION IMPROVEMENTS AT MONTEREY AVENUE AND COUNTRY CLUB DRIVE (Project 640-99) (Contract No. C15241) Mr. Folkers reported that when the City got into this program originally, it asked CVAG for $200,000. He said since that time utility costs had increased, which increased the project's cost. Therefore, he said the City returned to CVAG to request additional funding; an increase from $200,000 to $350,000 was approved, resulting in the subject amendment to the agreement. He said staff recommended Council's approval. Mayor Spiegel added CVAG's Executive Committee approved of the amendment. Councilman Kelly moved to, by Minute Motion: 1) Authorize the approval of Amendment No. 1 to the City of Palm Desert -Coachella Valley Association of Governments Reimbursement Agreement for the design and construction of the subject project; 2) authorize the Mayor to execute Amendment No. 1. Motion was seconded by Councilmember Benson and carried by unanimous vote. Mayor Pro-Tempore Crites asked, with regard to this geographic area, who represented the City on the Monterey Corridor Committee. Mayor Spiegel responded there was a Planning Commission group put together to review the issue. Councilman Kelly stated no Councilmembers were included in that group. Mayor Pro-Tempore Crites requested Mr. Diaz check with Rancho Mirage concerning the properties on both sides of Country Club Drive along Monterey about rezoning issues. He said at the public hearing two weeks ago, the Council heard there were some possible changes occurring there-- rumblings about a supermarket. Mayor Spiegel said some time ago, Council decided to put the two Planning Commissions together with staff to come up with some answers; however, he didn't think they'd met yet, but would hopefully in the near future. Councilman Ferguson commented he was on that committee for three years as a Planning Commissioner, and it never met once. Mr. Drell commented that the general plan for those properties was residential on the south side and office on the north side. He went on to say he'd heard rumors of Lucky's relocation to the other corner, but understood there was no application yet. Mr. Diaz said staff would check with Rancho Mirage. Mayor Spiegel felt there was much involved in the situation-- Rancho Mirage was not contributing as much to the Monterey interchange as Palm Desert was. Councilman Kelly 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * remarked part of that had to do with the amount of benefit to be received, and Palm Desert contributed based upon what it felt was the amount of benefit to be derived. Upon question by Councilmember Benson, Mr. Folkers responded Rancho Mirage was contributing $350,000 to the intersection project. He further responded to Mayor Spiegel by stating that Rancho Mirage was doing the undergrounding, working currently with Edison to get the contract out to award. He hoped to be under construction in July, finished by Thanksgiving. B. CONSIDERATION OF CONTINUED COUNCIL REVIEW OF A PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMISSION ACTIONS APPROVING A HILLSIDE DEVELOPMENT PLAN TO ALLOW GRADING OF THE SITE AND CONSTRUCTION OF A SINGLE FAMILY HOME ON FIVE ACRES WITHIN THE HILLSIDE PLANNED RESIDENTIAL ZONE KNOWN AS 47-075 SOUTHCLIFF ROAD, APN 628-120-002 Case No. HDP 98-2 (Eddie Babai, Applicant). The following is a verbatim transcript of this item. Kra: RAS Robert A. Spiegel, Mayor RAD Ramon A. Diaz, City Manager PD Phil Drell, Director of Community Development SA Sean Abaii, Saba Architects, Newport Beach, CA, for the Applicant JMB Jean M. Benson, Councilmember RSK Richard S. Kelly, Councilman SRG Sheila R. Gilligan, Director of Community Affairs/City Clerk JF Jim Ferguson, Councilman DJE David J. Erwin, City Attorney BAC Buford A. Crites, Mayor Pro-Tempore RAS Consideration of continued Council review of a Planning Commission and Architectural Review Commission actions approving a hillside development plan to allow grading of the site and construction of a single family home on five acres within the hillside planned residential zone known as 47-075 Southcliff Road. RAD Yes. Mr. Drell. PD To review how we got here...this issue was brought before the Council...and...at that time...the recommendation of staff, and concurred by Council, that the building be...redesigned and reduced in size from the 5,600 square feet to 3,000 square feet and referred back to the Architectural Commission. The goal was to diminish the impact of the 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * view of the house from below...and part of the reason why it was to be made smaller so it could be repositioned back from the edge of the slope. In the redesigned plan, the house has remained 5,600 square feet. What has happened...if you look at the...site plan...the pad has been graded, approximately 4,000 feet back towards the west, pushing the house correspondingly back in that direction. And the area that was to be graded in front...although it will be graded, will then be renaturalized to resemble...natural slope. And right on the edge, and you can kind of see it on the section to your right, you'll probably have to get up and look at it, but on the edge of the slope...a four foot stone berm would be erected to further obscure, to a certain degree, the...view from below. After all the renaturalization of, I guess in essence, the overgraded areas, the pad will be within the 10,000 square feet prescribed in the hillside zone. In addition...the face...would be the east - facing elevation, you can somewhat see it again in the elevation you see there, which was going to be a brownish -gray stucco originally has now being faced in a natural stone material; although we've not gotten a sample of that stone material. Again, to also preface my remarks, the plan had originally, in its previous...incarnation, was approved by the Planning Commission on a 4-1 vote, and approved by the Planning Commission unanimously on re -review by the Architectural Commission. It was also approved by the Architectural Commission unanimously, on a 5-0 vote. Also...again in reviewing...in forming staffs recommendation... staff has great respect for the Applicant... a business owner of long standing in the community, and the architect, who's done some very nice buildings, and architecturally...the building is very striking. The conclusion that staff reached after much deliberation was that...although those...modifications relative to pushing it back from the edge and the stone face...do...partially address the concerns of the Council, they do not address them to the extent I believe that the Council directed. And...based upon...the fact that it will be a...the...inherent design of the architecture very...geometric shapes, sharp edges that... staffs hope that a redesign would come back with more soft, rounder edges, more natural forms that would blend to a greater extent since this...is not in a residential subdivision, it's standing alone on a hill. As a result, we felt that the existing design does not respond adequately to Council's direction; and therefore, recommending denial. RAS Any questions of staff? (Pause) Now the Applicant is here, would he like to address the Council? SA Good afternoon. RAS Good afternoon. SA Mr. Mayor, Councilmembers, let me take a few seconds... RAS Would you please give us your name and address first. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SA Of course, of course. My name is Sean Abaii. I'm the architect of the project, principal of Saba Architects. Our office is in Newport Beach, 4500 Campus, Suite 520, Newport Beach. RAS Thank you. SA Once I give a few seconds, just to thank Phil for all his effort and all the good words he had to say about...our project...but one thing that is kind of...amazes me or puzzles me is that Mr. Drell mentioned that the building has hard edges. As you can see on the floor plan, the building has round, soft edges, and...the purpose for that was to make it blend with the natural environment of the mountain. Seventeen months ago when we started this project, that was one of the concerns that...we...the design team had was to make sure that it does blend with the mountain. As...Mr. Drell mentioned, we have been approved twice by...the Architectural Review Commission, who have, which has...three architects on board and one landscape architect. They have had high praises about the building. They feel that the building does blend with the natural surroundings of...the hillside. Here we are seventeen months later, we still on, in ground zero. We have, as Mr. Drell mentioned, we have taken measures to make sure that it does, that the house does blend-- moving it back 30 feet, raising a five-, or six-, a four-, or five -feet high berm in front of it. We have since taken...the liberty of doing a rendering of the project, which I'd like to share with you. This is probably too far for you to see, but I'm more than happy to bring it to you. This view is approximately 180 feet from the...house. So as you can see, with pushing the house back about 30 feet from this original, previously approved location, as well as raising a berm in front of it, from 180 feet, which really nobody's going to be standing in that location, if you are familiar with the site, all you're going to see is just top of the house. Let me also...direct your attention to...one of the drawings right behind you. We have a line of sight drawing, and as you can see from the wash, if you were to look up at the house, all you're going to see is just a black dot. And of course, if you go further, further towards town, you're going to see is even a smaller, smaller dot. So we feel that we have taken all the measures that Mr. Drell has requested. We've been back and forth to his office several times. We've had our landscape architect talk with him several times trying to address all the concerns and comments that he's had. JMB Bring that one up to us. RAS According to what I'm reading here...it went back to Architectural Review on May the llth, and it was again approved 5-0 on the condition that...landscaping approval needed to be gotten. SA Yes. RAS Now has that been gotten, or no? 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SA What we have done since that...meeting, we have revised the landscape plan, which we have submitted to Mr. Drell. RAS This is it? This one right here? SA That's the rendering of the house in respect to its natural surroundings, but the landscape plan was revised based on...Mr. Drell's conversation with our landscape architect, and we feel that we have made all attempts to satisfy his requirements. RAS And that will go back to Architectural Review before everything's approved? PD Yeah. The answer to your question is, there was two issues with the...landscape. One was not all the areas that had to be renaturalized had been identified on the plan, and... so that has been done, all the renaturalized areas, including the existing road, the existing house pad...areas of illegal grading that occurred earlier that are now not part of this plan. The other part of the request was that more specific details of how the renaturalization was actually going to be designed was requested, and that has not yet been done. And that would be going back to the Architectural Commission. RAS Okay. Because what I...read here, it says, "Commissioner Holden moved, second by Commissioner Urrutia, to grant approval subject to submittal of a landscape plan indicating revegetation. The motion carried 5-0." PD Partially...partially fulfilled, not totally. RAS Not totally fulfilled. (Audience) (Unclear) RAS And staffs major concern is the fact that it's square or the size of the...residence? PD The combination of a...a design which does not mimic or resemble natural forms because the size of the building, it's still a 17 foot high vertical wall. Again, rather...again the geometric shapes, pure geometric shapes as opposed to... which are more difficult to disguise. SA If I may...if I may redefine or...at least expand on...Mr. Drell's comment...he mentioned that 17 feet high straight wall. You can clearly see by looking at the floor plan that the only straight wall we have is in the bedroom, which is in the back side. Everything that public will view, if any, will be the round surface of the living room, and there is nothing straight about a round surface. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PD Meaning straight vertical in a vertical sense is what I meant, in terms of not in plan view but in a vertical sense. A vertical 17-foot wall. SA And to also respectfully address that, we have four feet of recessed windows, and... which are the lower and upper portion of that, so it's...there's nothing straight about that. And again, let me reemphasize that...three architects in Architectural Review Board who are respected, practicing architects concur with our design ideas. They like the house. They like to promote this type of architecture in the desert. I myself used to live here for seven years; I'm very familiar with the architectural concepts of the desert. RAS Any other questions, or comments, or discussion? (Pause) Then I'll entertain a motion. RSK I move approval. RAS I'll second. Please vote. SRG Is the motion to approve staff recommendation or approval...? JF Oh yeah, good question. SRG Okay. RSK I'm approving the... RAS The project? RSK ...the project. RAS And you're denying staff recommendation and approving the project. PD Directing staff to prepare a resolution of approval. RAS Yes. RSK Yes. RAS That's what I second. Please vote. SRG Motion's defeated by a 3-2 vote with Councilmembers Benson, Crites, and Ferguson voting NO. JF I'd make a motion to support staff recommendation. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JMB I'll second it. RAS Vote. SRG Motion carries by a 3-2 vote with Mayor Spiegel and Councilman Kelly voting NO. RAS Does this mean this cannot come back to us for a year? JF Correct. RAD No. PD No. Well maybe because if it comes back, I assume it will be a different building; therefore, a different application. DJE Except a project of a different kind. RAS All right. BAC It can come back to us. RAS Okay. JF Like maybe what we asked for the first time, which is a scaled -down, thirty, 3,000 square foot. SA May I...add something, or is it too late to...make...? RAS Too late now. SA Thank you. For purposes of clarification, Councilman Kelly moved to approve the project. Motion was seconded by Mayor Spiegel and was defeated on a 2-3 vote with Councilmembers Benson, Crites, and Ferguson voting NO. Councilman Ferguson then moved to support staff s recommendation, to waive further reading and adopt Resolution No. 99-49, denying a hillside development plan allowing grading and construction of a 5,600 square foot single family dwelling on a five acre site in the hillside planned residential zone, 47-075 Southcliff Road, APN 628-120-002 (Case No. HDP 98-2). Motion was seconded by Councilmember Benson and carried by a 3-2 vote with Councilman Kelly and Mayor Spiegel voting NO. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CONSIDERATION OF TRAFFIC CONTROL MODIFICATIONS ON HOVLEY LANE EAST. Mr. Folkers reported the matter had been requested by the Citizens' Advisory Committee for Project Area No. 4. He noted staff had provided some options to the Committee, and it asked for additional options, as well as a discussion on the entire program which was brought to their May 17, 1999, meeting. Further, he said some additional options were raised— one being a traffic signal (as shown on the drawing included in the staff report) that would require elaborate phasing in order to do it properly; another had to do with the realignment of Kansas. Lastly, he said there were comments from residents of the Resorter to move the stop sign on the east leg of Kansas and Hovley Lane to east of the driveway of the Resorter, which seemed to be the most prudent action. Therefore, he stated the Committee approved that recommendation with further direction that the City also work on channelization. Mr. Folkers said staff concurred with the recommendation, providing it was also given a 90-day trial period. He went on to say that for the most part, comments received were running 2:1 in favor of the stop signs. However, he noted several letters of complaint were received from Resorter residents about the difficulty experienced in exiting their driveway, and staff felt the Committee's recommendation would resolve that situation. Upon question by Councilman Ferguson, Mr. Folkers responded that the "Keep Clear" — striping would be cleaned up as much as possible; it had created confusion. Councilman Kelly noted the recommendation was not displayed on the staff report map. Mr. Folkers said that was correct; it was based on the verbal discussion without a picture. He explained that the stop sign from the east leg of Kansas would be moved approximately 100 feet, to a location east of the driveway. Councilman Kelly stated he wished to make a request related to the subject matter of business. He had spoken with a gentlemen from Kansas Street, and the discussion concerned closure of Kansas or the restriction of left turns there, which he felt would be the same as closing it. He told the resident he wouldn't support such an action, but the resident suggested placing stop signs on Kansas to discourage cut -through traffic. Councilman Kelly asked if staff would look at where stop signs could be placed on Kansas Street to help those residents. Mr. Folkers said staff would definitely review that situation. MR. JOSEPH VECCHIO, 41-801 Kansas Street, Palm Desert, said he resided at the Resorter. He felt moving the stop sign back 100 feet was an excellent idea and was the reason he was in attendance, to advocate for the safety of Resorter residents when entering or exiting their development. He appreciated Council's consideration of that fact. Mayor Spiegel commented that he and Councilman Kelly attended the Project Area No. 4 Committee Meeting, and the recommendation was that of the people attending the meeting, representing all areas in Project Area No. 4. Further, he noted the recommendation was for 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * another 90-day trial, and if modifications or change was deemed necessary, the Committee would again be given the opportunity to review and make its recommendation. Councilman Ferguson said he chafed every time he heard Kansas Street called a "short-cut;" commenting that the action taken on Acacia and Adonis clearly resulted from non-residents taking a short-cut to their destination. He felt that after personally driving Kansas Street many times, those using it were residents of the area-- coming and going from their homes should not be considered taking a short-cut. He certainly favored speed enforcement; but the results from the Targeted Speed Enforcement of Kansas Street provided at Council's last meeting clearly indicated to him that there was no speeding problem, per se, nor did the traffic volumes indicate a serious problem there either. He felt if there were warrants for a stop sign, and one was necessary from a traffic and safety .standpoint, he would be in favor too. He disagreed with stop sign placement to prohibit people from taking a short-cut. Councilman Kelly stated that from his discussion, the gentleman felt traffic counts were higher than what Council's report indicated. Further, he told the resident he didn't think there was a cut -through problem either; he too felt they were neighborhood residents. However, the resident felt very strongly that there were vehicles coming from the north side en route to Indian Wells. Therefore, he said if staff returned with the traffic counts to show whether or not a stop sign should be placed, Council could thoroughly review it at a future Council meeting, bearing in mind that gentleman's concerns. Councilman Ferguson noted that Council recently approved a traffic signal for the intersection of Warner Trail and Hovley Lane. He remarked that when he recently traveled that route, he witnessed six cars there waiting to make a left turn without the benefit of a signal, and he utilized Kansas in order to exit the neighborhood. Therefore, he felt some vehicles from the eastern part of Palm Desert Country Club might use Warner Trail once the signal was installed, providing some traffic relief. Councilman Kelly moved to, by Minute Motion, approve the recommendation by the Citizens' Advisory Committee for Project Area No. 4 with regard to the relocation of the stop sign on the east leg of Hovley Lane East to east of the driveway to the Resorter along with appropriate channelization for a 90-day trial period with further direction to staff to again review Kansas Street traffic counts for appropriateness of stop sign placement. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Mayor Spiegel said since Business Support Manager Ruth Ann Moore was still in Las Vegas, he would bring his colleagues up to date during Closed Session. 2. Progress Report on Desert Willow Clubhouse Facility Mr. David Yrigoyen, RDA Manager, reported the project was on schedule and steel was being erected. He said the wash rack for the golf carts and cart path foundation were being installed on the Clubhouse bottom floor. However, he said there were a couple of issues to report to the Council that represented potential change orders. He said the first was not an aspect of the project but directly impacted it; the sewer line going across the conference center site that would service both the conference center/hotel site and the luxury hotel site, but would definitely be needed by the Clubhouse. He went on to say the second issue was the area of arroyo that split the parking lot, and staff was working on prices. Additionally, there were two issues which would directly impact the Clubhouse; one being Interior improvements needed by the Intrawest Clubhouse. He said staff had spoken with Intrawest to obtain the information for forwarding to the interior design company. Second was enhancement to the Clubhouse fixtures, which he said was discussed at the last Desert Willow Committee meeting, and the need arose from improvements made to the interior design that required compatibility. He said the Committee reviewed the price and recommended approval; therefore, he said the entire improvement package would be presented to the Council for consideration, noting there was a time element requiring expedience in the matter of the fixtures. Upon question by Mayor Spiegel, Mr. Yrigoyen clarified that with regard to the structural steel element of the project, it was on time. He said information on the Clubhouse interior fixtures was needed by the contractor so that he could begin to fabricate them; the contractor was instructed to move ahead, as staff said it would obtain Council ratification at the meeting of June 10. 3. Status Report on Charter City Implementation Mr. Wohlmuth stated at Council's last meeting there was a recommendation to reconvene the Charter City Advisory Committee. In review of the documents, he said a problem was discovered in that there would now be three Councilmembers on the Committee. Further, he said in looking at some of the comments made during the process of developing the draft charter before it went to election, the Charter City Advisory Committee really wanted to see a short version charter, allowing the Council 27 11rJITUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * all of the options of becoming a charter city while being given the ultimate authority for decisions over purchasing, prevailing wage, enterprises, utilities, etc. Therefore, staff recommended sitting down with a couple of Councilmembers for direction on which items should be addressed, then to prepare the ordinances for implementation instead of reconvening the Committee. Councilman Ferguson said as the Councilmember requesting action from the charter and in thinking about it and discussing it further, he too agreed that it might not be prudent to reconvene the original committee. However, he thought more needed to be done than had been so far. He wished to put together a formal committee consisting of staff and Councilmembers that met on a regularly noticed basis, because when some of the long draft charters were reviewed, there was great detail in nearly every aspect of municipal affairs. He said many of the issues made sense, and the Advisory Committee felt it didn't want to tie Council's hands on the front end by trying to think of every scenario where a charter would work; secondly, once autonomy was obtained, it should be the Council who decided how to exercise that power. Councilmember Benson felt there was merit in Mr. Wohlmuth's suggestion of staff, some Councilmembers, and the City Attorney sitting down to make the review. Mr. Diaz suggested that rather than establish a new committee, perhaps the Legislative Review Committee could be utilized. Councilman Ferguson disagreed; there were too many legislative matters to be considered. Mayor Spiegel asked staff and the City Attorney to return to the other charters for ideas (i.e. prevailing wage) that would be presented to Council in the form of a list in order to determine whether it was necessary to form a group. 4. Status Report on Zoning Ordinance Review Committee and Temporary Banners Councilmember Benson reported there was significant discussion on the matter at ZORC because of various situations about the City, and restaurants which were allowed to do so by way of a menu (also advertising); and on El Paseo if a table and chairs were set out, it was also advertising. She said some recommendations were provided to Mr. Smith following the discussion. She went on to say that in reviewing the Oshman's situation, which she felt was tasteful, it was discussed that establishments could have the banners of a certain size inside a center not visible from Highway 111 (like Desert Crossing) four times per year, with conditions about where they would be permitted within a center. She said Mr. Smith would return to ZORC with his recommendations and then to the Council. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CITY MANAGER None C. CITY ATTORNEY Mr. Erwin requested Closed Session consideration of the items agendized and asked for Council's consideration of adding the following: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: 40 acres at the Southwest Corner of Avenue 42 and Corporate Way, Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Community Dynamics Under Negotiation: g Price x Terms of Payment Mayor Spiegel moved to add the aforementioned property negotiation to Closed Session consideration. Motion was seconded by Councilman Kelly and carried by unanimous vote. 1) Request for Closed Session Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: I tact Property - Parkview Professional Office Buildings, 73-710-720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: City of Palm Desert/Paul S. Gibson, Finance Director Property Owner: City of Palm Desert Other Parties: USFilter Corporation Under Negotiation: x Price x 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. Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) Report and Action on Items from Closed Session Made at This Meeting. D. CITY CLERK E. 1. Mrs. Gilligan reminded Councilmembers to adjourn tonight's meeting to 8:30 a.m. Monday, June 7, 1999, for the purpose of reviewing the Fiscal Year 1999/00 Budget. 2. Mrs. Gilligan said tonight's movie in the park was "A League of Their Own," and Community Affairs Specialist Pat Scully reported there were five women in the Valley who had played major league baseball. She said the women would be recognized on the Amphitheater stage during preshow festivities. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Cal State University (Councilman Jim Ferguson) Councilman Ferguson asked whether tonight's agenda provided flexibility to discuss the Cal State University project. Mr. Ortega responded it needed to be added to the agenda by four -fifths vote. Please see that portion of the Redevelopment Agency minutes for discussion and action. 2. Structure on Highway 74 (Councilman Jim Ferguson) Councilman Ferguson noted he'd received an increasing number of inquiries about the new structure being built on Highway 74 just south of Club 74, north of Le Paon. He wondered if there was any staff review of the project at this time. Mr. Diaz responded it could be discussed during Closed Session. Mr. Erwin said it needed to be added. Councilmember Ferguson moved to add the aforementioned item of Closed Session discussion to the agenda. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. Potential initiation of litigation pursuant to Government Code Section 54956.9(c): Number of cases: 1 3. Committee/Commission Vacancies (Mayor Robert A. Spiegel) Mayor Spiegel requested Mrs. Gilligan to review all the current vacancies on the City's committees and commissions in order to schedule interviews so that appointments could be made before fall. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Golf Course Committee (Mayor Robert A. Spiegel) Mayor Spiegel noted the Golf Course Committee consisted of staff and Councilmembers with no outside involvement, and he wondered why concerned citizens who were golfers were not included, since citizens were involved in every other committee. Councilman Kelly responded the Committee performed contract oversight involving proprietary issues, a different situation. Councilmember Benson suggested a citizens' golf course committee. Mayor Spiegel commented there were items in the last Golf Course Committee Minutes, approved under this meeting's Consent Calendar, which caused him concern. He said the issue was Kemper's request to raise resident rates during the season, January through April, and the minutes reflected Councilman Ferguson's remarks that if residents were limited to three days due to Intrawest guest play, it would reduce the number of residents playing. Therefore, Mayor Spiegel felt such issues deserved resident involvement. Councilman Kelly stated that if a policy was recommended for approval, it would come before Council. Mayor Pro-Tempore Crites suggested that since the Committee operated on a technical basis, any recommendation it made should first be reviewed by the Parks & Recreation Commission, such as amending the rate structure, availability, etc., which he felt were recreational amenities for the citizens. Councilman Kelly agreed that might be a good idea. Councilman Ferguson said there were two issues. First, he said that Committee was not a Brown Act committee, the documents received from the City's contractor constituted internal business papers, not public documents. He went on to say the contractor operated on a profit motive, competing with other golf courses-- most of the information reviewed by the Committee involved personnel, rate setting, and return on cost of goods types of issues. Therefore, it was running a business in competition with other businesses and since it was operated by a private contractor, he questioned the appropriateness of involving outsiders. Secondly, with regard to discussion over increased rates, he felt Kemper asked for an increase each budget cycle, to which the Committee undeniably said no each time. He said however that filtered through the minutes was up to Linda Russell, but the Committee did not advocate raising rates, and if it should do so, it would come right back to Council with a hearing on the issue. He disagreed with placement of the public at large on a proprietary committee and felt the previous decision not to include them was a wise one. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites again suggested that consideration be given to forwarding any decisions that affected the recreational nature of Desert Willow to the Parks & Recreation Commission for review and comment prior to Council consideration. Councilman Kelly said as particular issues presented themselves appropriate for Parks & Recreation consideration, they could be referred there. Councilmember Benson concurred with that suggestion to provide a wider scope of review. Upon question by Mayor Spiegel about citizen participation in the Desert Willow Committee, Councilman Ferguson responded there still was citizen participation. Mayor Spiegel was concerned about consistent active participation. Councilman Kelly said he was the only Councilmember at the last Desert Willow Committee meeting, and citizens were present. Mayor Spiegel reiterated that the Desert Willow Committee should be served by active citizen participants, as he felt that was not presently the case, and citizen input was invaluable. 5. Palm Desert Soccer Park (Councilman Richard S. Kelly) Councilman Kelly reported that when he left town early one morning recently, he passed the Soccer Park noticing no one on the fields; however, there were 40 cars in the parking lot. He wondered if Marriott workers were parking in the Soccer Park and if their presence compounded the parking problem experienced there. Mr. Drell responded they were cars from the Marriott, but it hadn't been a problem to date. However, he said the Park was scheduled for closure starting June 15 to accomplish part of the renovation, and Marriott parking would cease. He went on to say those cars weren't parked there during the season, they began parking there in January or February. Councilman Kelly expressed his concern that the parking lot was built for recreation; the Marriott should provide parking for its own workers. Mr. Drell said as of June 15, they would have to find another place to park, and staff would inform the Marriott that the situation had to stop. o City Council Committee Reports: 1. Master Street Painter (Councilmember Jean M. Benson) Councilmember Benson felt the $30,000 allocated to Kurt Wenner for his street painting at The Gardens was money well spent in the community. She said the 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * schools were more than receptive, and Kurt Wenner praised the community highly for the cooperation and preparation done by the Middle School for him, as well as for his work at The Gardens. She noted he went above and beyond the number of hours he was scheduled for, extending himself into the community, and everyone attending the reception on Sunday evening commented on what a great project the City had undertaken and how wonderful it was to involve the students. Further, Mr. Wenner commented that he quit doing these programs in other areas because of student apathy, and he was extremely pleased at the reception in Palm Desert. 2. End of Spring Semester at College of the Desert (Mayor Pro-Tempore Buford A. Crites) Mayor Pro-Tempore Crites stated as he completed the semester at College of the Desert, he had the honor of assigning a final grade of "A" and top of class distinction in his Public Speaking class to Director of Community Affairs/City Clerk Sheila Gilligan. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION -- None XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XIII. PUBLIC HEARINGS None XIV. ORAL COMMUNICATIONS None 33 MINUThS REGULAR PALM DESERT CITY COUNCIL MEETING MAY 27, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ADJOURNMENT Upon a motion by Councilman Ferguson, second by Mayor Pro-Tempore Crites, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:58 p.m. He reconvened the meeting at 7:20 p.m., with no action announced from Closed Session, and immediately adjourned to a joint meeting of the City Council and Redevelopment Agency on Monday, June 7, 1999, at 8:30 a.m. for the purpose of discussing the 1999/00 Fiscal Year Budget. ROBERT A. SPIEGEL, MA OR 34