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HomeMy WebLinkAbout1999-11-18MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Spiegel convened the meeting at 4:02 p. m. H. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: John M. Wohlmuth, ACM/Director of Administrative Services Robert W. Hargreaves, Deputy City Attorney Sheila R. Gilligan, Director of Community Affairs/City Clerk Carlos L. Ortega, RDA Executive Director Patrick Conlon, Director of Building and Safety Phil Drell, Director of Community Development Joseph S. Gaugush, Engineering Manager J. Luis Espinoza, Finance Operations Manager Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. MICHAEL ANDELSON, 73-750 Catalina Way (Joslyn Senior Center), Palm Desert, addressed Councilmembers on behalf of the Senior Center to announce an upcoming event. He went on to say the Senior Center had experienced significant growth in recent years; in the month of October there were over 3,700 visits by participants, and the membership had grown to over 2,600. He said the growth had called for added programs and expenses; to deal with that situation, acknowledging the Center's Acting Executive Director, former Palm Desert Mayor and City Councilmember Walter H. Snyder, the Center had been trying to cut appropriate costs and improve revenues. To that end, one such event was the upcoming Run/Walk in January 2000; traditionally, he said the Center had held a gala event as a fund raiser. Last year a successful bike MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ride was added, which he said would be held this year on December 4. He stated at the suggestion of a Cove Commission representative and the City, the Center had continued to look to the community for a way to provide revenues; the upcoming run entitled, "Desert Crossroads," was one of those efforts, working closely with City staff to attend to all details so that the opportunity would also be available in future years. He said SuperCuts at Desert Crossing was title sponsor for the event, which would be taking place out of Desert Crossing in order to keep from interfering with City and public activities. The course would actually avoid all public streets, and he stated that the water district had approved a special use permit for utilizing a service maintenance road that ran south of Desert Crossing into the Cahuilla Hills. He then displayed the logo designed specifically for the event, asking that the Council support the Center in this fund raising endeavor. Mr. Andelson provided several entry forms to the City Clerk for the City's use. Mayor Spiegel recognized the Council's former colleague, Walter H. Snyder, who was in the audience for Mr. Andelson's announcement. Mayor Spiegel said following Mr. Snyder's tenure on the Palm Desert City Council, he served as a member of the Joslyn Cove Senior Center Board of Directors, becoming Chairman of its Executive Committee, and upon Mary Kucala's resignation, Mr. Snyder was named the Center's Acting Executive Director. He congratulated Mr. Snyder for the outstanding job and conveyed the community's appreciation for his efforts. Councilman Kelly commented that after discussing the upcoming event earlier with Mayor Pro-Tempore Crites, he believed the course should be examined closer to formulate a recommendation for City Council consideration of making the route permanent, including installation of signage, not only for this event, but also for resident and visitor use for hiking and bicycling. Further, he suggested that the course be named. MR. PATRICK SWARTHOUT, Public Affairs Manager for The Gas Company, announced his company's new look. He said the logo of The Gas Company was being changed (the seventh time in the last 100 years) to include the logo of its parent company, created in 1998 by the merger of San Diego Gas & Electric and SoCal Gas, Sempra Energy. Therefore, he said his company was now going by the name of The Gas Company, a Sempra Energy Company. He provided handouts to Councilmembers outlining that information, pointing out it was only a change in the logo; it was still the same company with the same energy and great service as was provided in the past. MR. DAVE PUTMAN, President of the Palm Desert Chamber of Commerce, resident of Palm Desert at 73-611B Golf Course Lane, and owner of Norell Staffing Services also in Palm Desert, respectfully requested City Council's consideration of including the Chamber of Commerce in the new facility that would also house the Palm Desert Visitor Information Center at the corner of Highway 111 and El Paseo. He went on to say that it was the Chamber's belief that the best interests of the City, the Chamber, and the citizens would all be served with the Chamber as an integral part of that center. He said as Councilmembers were aware, the Chamber, under contract, was privileged to operate the Visitor Center on behalf of the City for some 10 years, with the City opting to take over that operation in October 1998, which he said the Chamber 2 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * saluted for a job well done. Subsequently, he said the Chamber was relocated to office spaces adjacent to the Civic Center; however, it was felt that visibility of the Chamber would be greatly enhanced if it were included with the new Visitor Center. He noted that on behalf of the City, the Chamber of Commerce fielded some 150-200 visitor calls, requests, and walk-ins per month, in addition to managing a number of events for the City, including the Golf Cart Parade. Additionally, he said Palm Desert's worked with six other Coachella Valley Chambers of Commerce to develop a Valleywide Leadership Program, was working on a home -based business enhancement program, as well as the Business Education Support and Training (BEST) program with which the City, Chamber, and College of the Desert were jointly involved. Finally, he said the Palm Desert Chamber of Commerce was sponsoring the Peace Officer and Public Safety Appreciation Day to be held Tuesday, November 23, at Marriott's Desert Springs Resort where some 15 officers, civilians, and other people would be honored for their efforts. Therefore, he said the Chamber believed it was truly a partner to the City, making it appropriate to have a presence within the City's new facility. MR. ROBERT FULLER, 74-072 Fred Waring Drive, Palm Desert, noted the item on today's City Council agenda for contractors being hired to analyze, appraise, and carry out the necessary requirements of the guidelines already approved by City Council for the Fred Waring Drive project. However, he was concerned that residents of Fred Waring Drive had not been provided with some sort of schedule of the upcoming events in that process so that they could plan accordingly. He said even though residents may not have a legal right to that information, he felt it was the City's moral obligation to provide such notification so that affected residents could take appropriate steps to adjust their lifestyles and, hopefully, agree and work with the City toward this end. Mayor Spiegel agreed with Mr. Fuller, believing also that the City had a moral obligation to provide a time table when such information was developed. He said the City was now attempting to review what the cost of the project would be, ramifications, numbers of people involved, and what sort of budgeting would need to occur so the project could move forward. He did not believe any sort of formal time line yet existed that could be communicated to residents. MR. FULLER countered that a vote had already been taken on following perimeter guidelines and securing the proper contractors to follow said guidelines, which he said could be recognized as being related to the project on Fred Waring, although he did not believe his name was on any mailing list for receiving such information. He realized the City had to accomplish certain things before the project manifested itself legally. Mayor Spiegel directed the City Clerk's office to inform all residents on Fred Waring about all items involving that thoroughfare from this time forward. 3 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 28, 1999 Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 22, 23, 24, 22PD Office Complex, and 24PD Office Complex. Rec: Approve as presented. C. APPLICATION FOR LEAVE to Present a Late Claim/Claim Against the City (#395) by Beverly Warne in the Amount of $1,460. Rec: By Minute Motion, reject the Claimant's Application for Leave to Present a Late Claim and direct the City Clerk to so notify Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Clubhouse Cafe, LLC, 72-850 El Paseo, Palm Desert. Rec: Receive and file. E. CTTY PORTFOLIO MASTER SUMMARY for the Month Ending September 30, 1999. Rec: Receive and file. F. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meeting of September 15, 1999. 2. Civic Arts Committee Meeting of September 13, 1999. 3. Investment & Finance Committee Meeting of September 15, 1999. 4. Library Promotion Committee Meeting of September 8, 1999. Rec: Receive and file. G. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C12292 -- Landscape Maintenance Services. Rec: By Minute Motion, approve Change Order No. 2 to the subject contract with Valley Gardening Service, Palm Desert, California, in the amount of $7,600 and authorize the Mayor to execute same. 4 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16160 -- Construction of Hovley Lane Wall and Landscaping Improvements between Kansas and Idaho Streets. Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with Ground Zero Demolition Company in the amount of $9,312.50 and authorize the Mayor to execute same; 2) transfer said amount from project contingency to base contract. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C14690 -- Country Club Drive Median Landscape and Irrigation Improvements from Cook Street to 3,800 Feet West of Cook Street (Project No. 590-99) (Park West Landscape, Inc.). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. J. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C15200 -- Citywide Tree Inventory Program (Project No. 607-98) (Golden Bear Arborists). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C15510 -- Tenant Improvements on Parkview Office Complex (Doug Wall 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. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C15610 -- Street Resurfacing Program (Project No. 752-99) (Granite Construction Company). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C15910 -- 1999 Slurry Seal Program (Project No. 751-99) (California Pavement Maintenance Company, Inc.). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 5 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * N. REQUEST FOR APPROVAL of Final Tract Map 25296-4 (Bighorn Development, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 99-100, approving the subject Tract Map. O. REQUEST FOR AUTHORIZATION to Release One -Year Maintenance Security for Tract Map 24773 (La Paloma Homes, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release one-year maintenance security for the subject Tract Map. P. REQUEST FOR APPROVAL of Telephone System for Desert Willow Clubhouse (Contract No. C16770). Rec: By Minute Motion, approve the purchase of software and hardware for the subject system from InfoSwitching, Palm Desert, California, in an amount not to exceed $32,611.62. Q. REQUEST FOR APPROVAL of Bus Shelter Design at Desert Willow Drive (Contract No. C16780). Rec: By Minute Motion: 1) Approve the proposal from Allen Root, Ferromobius, San Luis Obispo, California, to provide for the design of a bus shelter at the northwest corner of Country Club Drive and Desert Willow Drive; 2) appropriate $5,000 from the City's Unobligated Project Fund for same. R. REQUEST FOR ACCEPTANCE of Lease Termination Notice from Barbara Sinatra Children's Center for Office Space at the Portola Community Center (Contract No. C12180). Rec: By Minute Motion, accept the subject 60-day written notice, terminating the lease agreement between City of Palm Desert and Barbara Sinatra Children's Center for office space at the Portola Community Center. 6 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. S. REQUEST FOR APPROVAL of Bingo Permit for Monterey Country Club Men's Club. Rec: By Minute Motion, approve subject permit for the Monterey Country Club Men's Club to conduct bingo games at 41-500 Monterey Avenue, Palm Desert, in compliance with stated terms and conditions on application and subject to proof of Men's Club non-profit status. Councilman Ferguson noted for the record that he would abstain from voting on Item L due to his representation of Granite Construction Company. Upon a motion by Councilman Ferguson, second by Mayor Pro-Tempore Crites, and unanimous vote of the City Council, with Councilman Ferguson ABSTAINING on Item L, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER None VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: A. ORDINANCE NO. 929 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 26 OF THE PALM DESERT MUNICIPAL CODE REGARDING SUBDIVISIONS. Mr. Drell stated there had previously been some controversies when grades varied somewhat on final maps from that which had been identified on the tentative maps; the subject ordinance would set a six-inch tolerance on the grades from the preliminary to the final. He said should the tolerance exceed that amount, it would require an amendment through the public hearing process; the subject regulation provided surrounding property owners greater assurance that the grades of subdivisions were consistent with their tentative map. In response to question, Mr. Drell answered that if the combination of building height and pad height was dependent upon the pad height being a certain measurement, then the 7 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * conditions for that project should specify that any variance in pad height triggered review of the building height. When asked whether pad elevations were checked before projects were built, Mr. Conlon responded that before a builder poured concrete for a foundation system, pad height and the finished floor were certified. In further response to the question about building height, he believed that the building remained consistent; the difference existed in height of the pad. He said building height was measured from the finished pad; therefore, if the finished pad was six inches higher, it did not affect the height of the building as defined by Code. Mr. Drell added that the subject ordinance applied to residential subdivisions where the land was being initially divided and there was not necessarily building occurring yet. He commented that on the existing case that he felt came to mind for Council, where one foot was at issue, the City saw the building and was specifying, in that case, that the pad would be five feet below existing grade, and the building would be no higher than 25 feet above. He stated there were no exceptions permitted under this ordinance or discretion-- anything that varied from the conditions of approval of a particular project was a violation of conditions. He reiterated that the ordinance at hand related to a residential subdivision where no houses were proposed at the time. He said when preliminary grading plans were reviewed, it was not typically known what the grade would be; only a six-inch tolerance would be allowed-- anything more required a new public hearing. Responding to further question, Mr. Drell stated the matter under consideration was an amendment to the subdivision ordinance; where there was an issue regarding combined grade elevation and structure height, a condition could be placed on a precise plan which was not a part of the subdivision ordinance. In that case, he said if the conditions stated five feet down, one inch variance, since it would impact the total height of the building, it would be subject to an amendment. Mayor Pro-Tempore Crites moved to waive further reading and pass Ordinance No 222 to second reading. Motion was seconded by Councilmember Benson and carried by unanimous vote. For Adoption: None 8 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. NEW BUSINESS A. REQUEST FOR APPROVAL OF CITY OF PALM DESERT TREASURY POLICIES AND PROCEDURES MANUAL AND 2000 STATEMENT OF INVESTMENT POLICY. Mayor Spiegel commented that he, the Mayor Pro-Tempore, and the Investment & Finance Committee had all reviewed the subject policies and had recommended approval. Councilman Ferguson moved to, by Minute Motion, approve: 1) City of Palm Desert Treasury Policies and Procedures Manual; 2) 2000 Statement of Investment Policy, as amended. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. B. REQUEST FOR APPROVAL OF CONSTRUCTION MANAGEMENT AGREEMENT FOR THE CANYONS AT BIGHORN DEVELOPMENT (CONTRACT NO. C16790). Mayor Pro-Tempore Crites moved to, by Minute Motion: 1) Approve the subject Construction Management Agreement between Bighorn Development, LLC, and the City of Palm Desert for construction management services for the Canyons at Bighorn development, substantially as to form; 2) authorize the Mayor or his designee to execute said contract between Bighorn Development, LLC, and the City of Palm Desert. Motion was seconded by Councilman Kelly and carried by unanimous vote. C. CONSIDERATION OF RECOMMENDATIONS MADE BY THE LEGISLATIVE REVIEW COMMri itit RELATIVE TO THE "FAIR COMPETITION AND TAXPAYERS SAVING ACT INITIATIVE," "PUBLIC WORKS INITIATIVE B," AND THE ACTION FOR BETTER CITIES (ABC) ORGANIZATION. Mr. Ray L. Janes, Management Analyst II, stated that since posting of the agenda, additional information had been obtained which led staff to request that recommendation numbers one and two be withdrawn from consideration at this time; however, support of the ABC organization was still recommended. In response to question, Mr. Janes answered that staff had contacted the Californians Opposed to School and Road Delay organization that had submitted information on Initiative B, later finding out through the Secretary of State's Office that both initiatives were one in the same. He said it should have been referred to as Initiative 830; there was a mistake in the wording which caused much confusion. He said consideration of the item would be requested at a later date; it failed to make the March 2000 ballot due to a lack of signatures, and the earliest it would return would be November 2000. Councilman Kelly moved to take no action on Resolution Nos. 99-101 and 99-102 and to waive further reading and adopt Resolution No. 99-103, supporting the Action for Better Cities (ABC) organization. Motion was seconded by Councilman Ferguson and carried by unanimous vote. 9 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A REQUEST FOR INSTALLATION OF A MARQUEE AWNING WITH SIGNAGE LOCATED AT 73-725 EL PASEO Case No. 99-74SA (Palms to Pines Canvas for ROBERTS Fine Shoes, Applicant). In response to question whether discussion had occurred with Planning Manager Steve Smith about alternatives to the proposed awning, Mr. Martin Alvarez, Associate Planner, said he was unaware of the alternatives. MR. ROBERT BARNES, 73-725 El Paseo, Palm Desert, stated he was the owner of Roberts Fine Shoes and that he'd been an area resident for over 30 years. After watching El Paseo grow, he was very proud of it and decided to open a storefront there. In fact, he said one City Councilmember came to him to say they hated to see the former store owners go out of business, and they'd like to see someone put in a new store. He said his organization took over the lease and endeavored to put in a fine merchandise store that was at least the same caliber, if not better, than the established standards of El Paseo, noting he would never do anything to diminish those high standards. He felt the Architectural Review Commission (ARC) had been marvelous to assist him with what he felt was a rather tough building. Since opening in October, he said customers had flown in from all over the country to shop at two El Paseo stores, Daniel Foxx and Roberts Fine Shoes, and those customers had complained of the difficulty in locating his business. Therefore, he said the awning was needed, not only for protection at the entrance, but also identification; he said against the arches and the wall of the building, the store was completely lost. He said they had signs up currently, yet customers said they couldn't find the store. He appreciated the opportunity to make his presentation and offered to answer questions. Councilmember Benson said she had spoken with Mr. Barnes on the telephone, and in the course of the conversation he'd said he was open to any suggestions that would help him get a sign or an awning of some sort. She and Mayor Pro-Tempore Crites then went to the location with Steve Smith, and for her part, she didn't think that the proposed identification was architecturally compatible with the building. She felt the building was good-looking with the arches, and the awning on the end arch out as far as was proposed would be inappropriate. Therefore, she said the City suggested two alternatives, one being a shorter awning that only came out to cover the doorway, similar to what was across the street on several buildings. She said the second one was a larger awning that could be placed on the end of the building, wrapping around so that "Roberts" would be visible from each direction with enough room left on the signage to include "Parking in Rear." She stated those were the alternatives examined in order to keep the face of the building the way it appeared today with symmetrical arches. MR. BARNES commented that he realized everyone had different taste on such issues; however, he said even ARC said it would certainly approve his changing the front of that building because that body felt there was not currently architectural compatibility with the 10 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * rest of the street. Further, he said if awnings were placed on the front, since the windows were set back so far, the merchandise wouldn't be visible. He was disappointed that Councilmembers didn't visit the store when he was present, as he could have shown them the situation from inside the store. He was only asking for identification, wanting to do business in a manner such that the City would be proud of his store on El Paseo. Councilman Ferguson stated that he also spoke with Mr. Barnes on the telephone and visited the store earlier today, noting that he didn't have the address when he went there; however, he had no problem finding it with the sign in the window. Further, Councilman Ferguson said in his telephone call he'd mentioned to Mr. Barnes that the Council was very protective of El Paseo since it was a unique asset to the City. Therefore, if what had been proposed lent itself to the character and texture of the street in a tasteful way, he would favor it; if it were a billboard masquerading as a canopy, he would not. He felt Mr. Barnes had correctly classified the issue as being about identification-- there was not enough rain in Palm Desert to necessitate canopies, and when it was hot enough to need a canopy, people would be inside and not standing on the sidewalk. He agreed with Councilmember Benson in that he was unsure the proposed canopy accomplished what he felt was architecturally pleasing on the street, respectfully pointing out that the decision was ultimately made by the City Council. However, he hoped to work with Mr. Barnes to find a way to achieve the identification desired without placing massive columns on the curb that would clutter the street. Additionally, he said the other thing that had always been a consideration for canopies was the effect on line of sight for adjoining businesses. He noticed there was a Farmers Insurance agent upstairs from the Roberts store, and from where he was sitting in his car, he would not be able to see that sign at all if the canopy was up. Those were the items he wished to take into account, while wanting Mr. Barnes to be successful in his business. MR. BARNES said he'd cleared his proposal with the insurance company, the restaurants to the east and west of his store, noting letters he'd received from those entities saying they would welcome the awning there. With regard to the columns, he would also like to see a slimmer, unobtrusive post, which was the original design; to build the ones under consideration presently was going to cost approximately $2,000 each. He stated his willingness to change whatever he needed to in order to please the Council. Mayor Pro-Tempore Crites suggested that Councilmembers Ferguson and Benson be appointed to meet with Mr. Barnes on -site, inside and outside the store to find a suitable recommendation that fit the spirit of what they believed to be architecturally and aesthetically pleasing while fitting Mr. Barnes' store, returning with same to the Council. Mayor Spiegel concurred; however, he suggested that if the appointed Councilmembers were in agreement with such an alternative, they should be able to provide the approval and it would not have to return to Council. Council concurred. 11 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, appoint Councilmember Benson and Councilman Ferguson to meet on site with the Applicant to resolve architectural and aesthetic concerns for the proposed signage to the satisfaction of the appointed Councilmembers. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. With Council concurrence, Mayor Spiegel also asked that an appropriate staff member from the Department of Community Development also participate in the aforementioned meeting with Mr. Barnes. E. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A REQUEST TO INSTALL BUSINESS IDENTIFICATION SIGNAGE FOR "HOOTERS" RESTAURANT LOCATED AT 73-030 EL PASEO Case No. 99-114SA (American Structures for Hooters Restaurant, Applicant). Mr. Alvarez stated the subject case was appealed due to concerns for signage color and content; however, subsequent to submittal of the report contained within the agenda packets, an agreement was reached with regard to color and signage content, noting that the Applicant was in attendance to answer questions. He identified the agreed upon modifications as: 1) Removal of the owl's eyes on the Hooters signs; 2) color of the trim and building would be repainted to a less intense color; 3) a rheostat would be installed on the monument sign so that the City could have opportunity to review the intensity of illumination. With those modifications, Mr. Alvarez said staff recommended approval. Councilmember Benson commented that the color would match the center; an adjacent building incorporated a rust tone, and Hooters was to match that. In response to question whether there would still be an owl in the identification signage with a blank face, if there were no eyes, the answer was given that the"o's" would stand for eyes. Upon inquiry about how previous similar approval of the Outback Steakhouse's exterior parapet neon signage seemed to initiate seemingly creeping increases in illumination, noting that business had also gone with a rheostat to better set the amount of light which was now questionable, Councilmember Benson interjected that Mr. Smith had told her the main signage would have a rheostat, and the business owner was committed to working with the City for the desired amount of light. Further, she said it was subject to the condition that if it wasn't satisfactory to the City, it would have to be turned off. 12 MINUTES ADJOURNED PALM DESERT CITY COUNCIL. MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tempore Crites moved to, by Minute Motion, approve the Applicant's modified proposal with: 1) Color match to adjacent structure•, 2) removal of owl eyes; 3) monument signage equipped with rheostat for setting the exact desired amount of lighting to the City's satisfaction. Motion was seconded by Councilman Kelly and carried by unanimous vote. F. CONSIDERATION OF FRED WARING DRIVE IMPROVEMENTS. Responding to the questions raised earlier in the meeting by Mr. Fuller, Ms. Lauri Aylaian, Project Administrator, said she'd previously spoken with a couple of the homeowners who had asked for updates, apologizing that Mr. Fuller wasn't one of them. She said the information he requested, including a preliminary time line, was contained within the subject staff report. She stated in the proposal under consideration at this meeting, probably the component of most interest would be the contract with Mason & Mason Real Estate Appraisers; with approval of the contract, their firm would perform real estate appraisals, taking approximately two to three months, of any real property that may potentially be impacted if the street was widened. She said with an appraisal in hand, the City could deal with property owners who approached it. When asked if staff could prepare a property owner version of the draft time line contained in the staff report, including the steps to be taken, approximate locations where actions by either Planning Commission or City Council had to occur, and what happened after that so that property owners would be informed up to September 27, 2002, Ms. Aylaian said she could. She qualified that she identified as many preliminary dates as she could at this time, adding that currently, it was a three-year process, much of it dependent upon the engineering to be done and the resulting alternatives to be proposed. Further, she said the schedule was very tenuous at this time; she was uneasy about providing dates of particular meetings when the project time line could fluctuate substantially. Mayor Spiegel believed that the information still needed to be provided to potentially affected homeowners, even in its precursory form; it should be provided to those persons along with a cover letter that specified its preliminary nature. MR. FULLER agreed, reiterating his concern for the time line aspect of the project, whether or not completion of the appraisals constituted a project, and how homeowners could most effectively market their homes in that case. Ms. Aylaian responded that completion of appraisals did not constitute a project, explaining that a project would not exist until the environmental studies were done, which would take roughly one year. However, she said it would be in the City's best interest to have the appraisals completed in order to work with homeowners who were particularly interested in selling, acknowledging that it was a bit of a gamble for the City since the decision had to be made at that point whether to purchase the property from an anxious 13 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * homeowner while not being certain whether there would be a project requiring such property acquisition. Responding to an audience member, Mayor Pro-Tempore Crites stated each time the decision was made to purchase, it was an independent one until there was a project. Mayor Spiegel added that an appraisal had been obtained on the homes in question, the Redevelopment Agency stated the owners wanted to sell, the appraisal and the asking price coincided, resulting in the purchases. MR. CORY BARBEAU, 74-052 Fred Waring Drive, Palm Desert, stated he delivered a letter to the Redevelopment Agency on August 3, and it went without response until he met with Mayor Spiegel and Mr. Diaz, at which time he was told that no more properties were being purchased. Mayor Spiegel commented that the subject matter of business needed to be approved before any other property was purchased. He further commented that the homes which were purchased had "For Sale" signs posted, and the meeting with Mr. Barbeau resulted in the subject matter of business under consideration on this agenda. MR. BARBEAU felt the City had already started its project by the purchase of homes. He didn't want to wait any longer, wanted to move, and he wanted a fair deal that would enable him to acquire a four bedroom home in Palm Desert that wasn't on Fred Waring Drive. He believed he'd been held a prisoner on his street for 10 years. Mr. Ortega responded that the subject recommendation would allow the City to proceed with purchasing Mr. Barbeau's property-- obtaining an appraisal and preparing a relocation plan. Mayor Pro-Tempore Crites moved to, by Minute Motion, accept the Fred Waring Drive Needs Analysis dated October 4, 1999, and approve the following consultant contracts relative to the proposed widening of Fred Waring Drive: 1) A time -spent contract in an amount not to exceed $27,620 with Overland Resources, Palm Desert, California (Contract No. C16800), to assist with preparation of relocation guidelines, a relocation plan, forms, and recommendations for addressing the needs of homeowners and tenants whose properties may be impacted by the proposed project; 2) a time -spent contract in an amount not to exceed $29,525 with Mason & Mason Real Estate Appraisers & Consultants, Montrose, California (Contract No. C16810), to appraise the fair market value of any real property interests that may be required for the project. Motion was seconded by Councilman Kelly and carried by 4-0 vote with Councilman Ferguson ABSENT. 14 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. PRESENTATION OF PALM DESERT RETIREE SERVICE STIPEND ACTUARIAL STUDY. In addition to the information provided in the subject staff report, Mr. Wohlmuth noted that for Fiscal Year 1999/2000 the City of Palm Desert had already funded the Retiree Service Stipend, in excess of $600,000, from salary savings and other revenues. Councilman Kelly moved to, by Minute Motion: 1) Receive and file the Palm Desert Retiree Service Stipend actuarial study; 2) authorize staff to fund the Retiree Service Stipend by contributing the necessary amount on an annual basis within the City's financial plan. Motion was seconded by Councilman Ferguson and carried by unanimous vote. XI. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF THE ESTABLISHMENT OF A RELOCATION APPEALS BOARD (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY) (Continued from the meetings of October 14, and October 28, 1999). Mr. Ortega stated that documents had previously been provided to City Council/Agency Board/Housing Authority Board, and there was question as to who would comprise the Appeals Board; Council indicated they would prefer a body other than Council hear initial appeals. Therefore, staff recommended the Housing Commission fulfill that purpose; the necessary changes were made in the required legal documents, as noted on the agenda. He said then if a party was unsatisfied with the Housing Commission's decision, they could approach the City Council at that time. Councilman/Member/Member Kelly moved to: 1) Waive further reading and adopt City Council Resolution No 99-104, rescinding Resolution No. 99-86 and appointing members of the Relocation Appeals Board; 2) waive further reading and pass Ordinance No 926A to second reading, designating the Relocation Appeals Board to hear appeals from determinations of the City of Palm Desert and the Palm Desert Housing Authority; 3) waive further reading and adopt City Council Resolution No 99-105, amending Resolution No. 99-85; 4) waive further reading and adopt Redevelopment Agency Resolution No. 383, amending Resolution No. 380; 5) waive further reading and adopt Housing Authority Resolution No. HA-10, amending Resolution No. HA-8. Motion was seconded Councilman/Member/Member Ferguson and carried by unanimous vote. B. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 14, 1999 (Continued from the meeting of October 28, 1999). Mrs. Klassen noted that staff had made a correction on page 30 of the subject City Council Meeting Minutes. She said Mr. Ortega stated that the University Planning Committee consisted of 10 members, which staff had corrected to reflect the correct number of 11. 15 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson moved to approve, as corrected, Minutes of the Regular City Council Meeting of October 14, 1999. Motion was seconded by Councilman Kelly and carried by unanimous vote. XII. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES AT PALM DESERT SPORTS FACILITIES (PALM DESERT SOCCER PARK, COOK STREET SPORTS COMPLEX, OLSON FIELD, RUTLEDGE FIELD) (CONTRACT NO. C16820). Responding to question, Mr. Gaugush affirmed the subject award would replace the contractor just terminated. In further response, he said the reasons for that termination were addressed in the request for the new one. Mayor Pro-Tempore Crites moved to, by Minute Motion, award the subject contract to Enviable Greens, Palm Desert, California, in the amount of $8,200 per month for the remainder of Fiscal Year 1999/2000. Motion was seconded by Councilman Ferguson and carried by unanimous vote. B. REQUEST FOR APPROVAL OF CIVIC CENTER NORTH WING TENANT IMPROVEMENTS. Mr. Wohlmuth displayed for Councilmembers renderings of the proposed improvements, highlighting specific issues of concern to the Council as identified when previously discussed in January. He elaborated that the Art Gallery design was of particular interest with the proposed scheme for its lighting, floor plan, and additional wall space that would be achieved by removal of the secondary doors that had been installed originally for fire protection at the Human Resources entry, as well as the added wall space at the Community Arts Manager's office. He concluded by stating staff attempted to address all of Council's concerns, departments were excited about the redesign, and staff believed a far better Art Gallery would be enjoyed by the City. Therefore, he said approval of a contract with Bob Ritchey for construction drawings and appropriation of $11,650 for that work was recommended, as well as authorization to then advertise and call for bids once the drawings were complete to expedite the project due to Council's schedule through the upcoming holidays. When questioned what other actual construction would occur other than the redesigned counter, Mr. Wohlmuth answered: 1) The Art Gallery flooring would be completely redone to match that in the Administration lobby; 2) two doors would be removed and access into the offices for staff and authorized visitors would be swinging doors through the counter to office area walkways; 3) one door removed in the conference room to make it handicap accessible; 4) substantial lighting design and construction in the Art Gallery. 16 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon inquiry about the existing display cases in that area, Mr. Wohlmuth said those would be eliminated. He said one of the major expenses was the lighting plan for the Art Gallery, noting that some nice things would be done with the sky lights, as well as a pretty elaborate lighting pattern. Otherwise, he said there was a small amount of construction required in Redevelopment, adjacent to the computer room, and there were 10 partitions. When asked what the total cost of the project would be, Mr. Wohlmuth said it was estimated at $130,000, pointing out cost of the lighting could change somewhat; with the partitions, it totaled an estimated $178,000. In response to question about area on the north side of the Administration lobby where the literature racks were stationed and the area with the oak panels that had been discussed as a potential site for an Art Gallery preview, Mr. Wohlmuth said staff had discussed that idea with Bob Ritchey, and it was included. He added that other than some modifications to the detail oak there, it would be made a display area for the exhibit in the Art Gallery; it didn't entail much work, but it would be part of the construction drawings. Responding to question whether the cases being removed would be reused, Mr. Wohlmuth said during remodel of the storage area, some old cases were found there. He stated they were of little value, suggesting they be surplused or used in another location. Further affirming that they could be provided to the Library or the Historical Society, and he recommended it would be better to donate than declare them surplus. Councilmember Benson moved to, by Minute Motion: 1) Approve Architectural Services Contract (Contract No. C15401.) with Bob Ritchey, AIA/Stoney Creek Design, in the amount of $11,650 for the preparation of construction drawings for the subject project; 2) appropriate $11,650 from the City's Unobligated General Fund Reserves for same; 3) authorize the City Clerk to advertise and call for bids for construction of the subject project (Contract No. C16760). Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. C. CONSIDERATION OF MODIFIED REGULATIONS AND OVERSIGHT OF THE PALM DESERT SKATE PARK. Mayor Spiegel stated there was new information which needed to be presented for this item. With Council concurrence, Mayor Spiegel continued consideration to the Council's 7:00 p.m. session. Following reconvening of the 7:00 p.m. session, the subsequent discussion and action occurred. 17 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mrs. Gilligan stated the item was continued in order to provide her with sufficient time to prepare a report, which she had just distributed, following yesterday's Public Safety Commission Meeting. She said the Commission reviewed in detail the proposed regulations for the Skate Park, as well as the proposed ordinance; there were three separate sections of the ordinance where the Commission recommended amended language (as outlined on page three of Mrs. Gilligan's memorandum). She detailed: 1) Establishing the Skate Park as a no smoking area; 2) adding wrist guards to the language; 3) adding cans to that which was prohibited from the area; 4) adding "unauthorized" before ramps, jumps, or obstacles. Further, she said with regard to regulations, Public Safety Commission recommended that the City Council appropriate funds from the Unobligated General Fund to provide seven-day supervision of the Park as soon as possible; and the second recommendation was to direct staff to establish a Skate Park Registration Card system for implementation as soon as possible, no later than January 1, 2000. She said the Commission felt very strongly about that regulation being in place, particularly due to safety concerns for children utilizing the facility; if a child was unattended, something happened, and there was no way to identify him/her, it would be impossible to notify the parents of that child about the incident and whether or not additional treatment was necessary. The subject registration card would allow Coachella Valley Recreation & Park District (CVR&PD) the ability to do so. Thirdly, she said the Commission recommended directing staff to work with CVR&PD to schedule first aid training; two different doctors had come forward recommending expansion of the existing training of supervisors there with some more basic and more focused first aid training related to the Skate Park. She said the Commission recommended taking those two doctors up on their offer, asking them to come and work with CVR&PD. Fourth, Mrs. Gilligan said the Commission recommended directing staff to provide a temporary storage facility at the park; right now the supervisors did not have anyplace to store their gear nor to separate themselves from the park users. Lastly, she said the Commission recommended directing staff to return with a preliminary design and cost information for the development of a smaller skate park to be used in conjunction with the larger so that younger children and beginners would have a place to skate. Mrs. Gilligan went on to say that currently, regulations could be made by the City Manager, according to the Municipal Code. The Commission believed Council should consider leaving that provision in the ordinance, allowing the City Manager to establish the recommendations, or amend the proposed ordinance to provide for a companion resolution which would establish the regulations by City Council. She said it was the Commission's and staffs recommendation that the aforementioned be implemented. Responding to question whether the subject items had been reviewed by the City's Parks & Recreation Commission, Mrs. Gilligan said they had not, basically because most of the issues were related to public safety. Mayor Spiegel questioned that statement, feeling the smaller skate park was not such an issue. 18 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Ferguson recalled that when the urgency ordinance was passed, he, for one, noticed some problems with it, and it was determined that the kids should be solicited for their input. He said a meeting was directed to be held between Parks & Recreation, the children involved, supervisors of the Park, he, and Mayor Spiegel; the aforementioned recommendations resulting from that meeting related to public safety, primarily the registration card and the telephone to the police department, went to the Public Safety Commission. Mrs. Gilligan added the telephone was a major concern of the Commission-- that there wasn't communication when the Recreation District was closed; they were having to go by cart to the Sheriff's Department. She said as of today, the supervisor had been provided with a cellular telephone, and staff would be working with the Police Department and the Recreation District to establish a more permanent communication system. Councilman Ferguson added that he wished to express appreciation to CVR&PD staff that had worked at the Skate Park, noting one gentleman shared the difficulties he experienced in supervising children without helmets and those who were less than respectful, and about his efforts to work with the Police Department, which often resulted in children leaving before police responded. Further, Councilman Ferguson said the CVR&PD currently required all persons utilizing its facilities to register for a card at a nominal charge; the Public Safety Commission heard a story about a six -year -old boy who had been left at the Park unattended, and if something had happened, there would have been no way to determine who he was, who his parents were, nor how to contact them. He said the Recreation District staff actually asked the City to consider the system, not only to provide emergency medical notification, but also as a means of tracking someone who used the facility; the user's card would be dropped off, and if something occurred requiring attention of the police, the card would provide necessary information. He said the Police Department felt it would be of excellent assistance to them so that they didn't have to send over a uniformed officer every time there was a minor altercation between the supervisor and the user. As far as the adjacent skate park facility, he believed a City staff member was quoted in the newspaper as saying there were already plans to go ahead with such a project; however, he was unsure the Council had ever provided such direction. Therefore, it was felt appropriate that the Council formally consider the matter. Mayor Spiegel stated it had not yet been considered by the Parks & Recreation Commission, and he agreed it should, as well. However, it hadn't been, and he felt it would be wrong for the City Council to make a decision about a park matter without that body's recommendation. Councilman Ferguson concurred, acknowledging those items that related to Parks & Recreation ought to be considered by that entity, and those related to safety and enforcement of rules should be considered by the Public Safety Commission, just as it had done. 19 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson commented that with regard to the construction of a smaller skate park, it was discussed that CVR&PD and the YMCA were considering programs for younger users. She said while Council was making the decision whether there would be a smaller park or not, there should be some provision in the regulations for specific times for younger skaters. Councilman Kelly concurred, stating that perhaps Parks & Recreation Commission might determine that an additional park would not be best and may recommend just having separate time for beginners. Mayor Spiegel added that the YMCA was planning to give skateboard lessons to students in the area over the Christmas holidays. Therefore, time would be set aside when YMCA would take over the facility for those lessons. In response to inquiry about status of the facility's fence, Mayor Spiegel answered the fence had been fabricated of tubular steel, and it needed to be painted with a special finish and kiln dried. However, he said the kiln was receiving routine maintenance, and the fence wouldn't be treated until next week; installation would occur immediately afterward with completion by the end of next week. Mayor Pro-Tempore Crites stated that a number of the issues, depending upon viewpoint, were public safety or parks and recreation, and most likely some of each. Therefore, he asked his colleagues to go item by item to see which items had received input and recommendations from both bodies to date. Councilman Ferguson reiterated that there had already been a meeting where Parks & Recreation, he, Mayor Spiegel, CVR&PD, and users of the facility were invited, which was held in the Administrative Services Conference Room and was the genesis of all six of the subject recommendations. He said the public safety aspects of the recommendations went on their agenda yesterday, items one through five, and number six was contemplated because City Council had not yet considered it, although it had already come out in the newspaper. He was all in favor of letting that item go to Parks & Recreation, but the public safety concerns, because of the nature of the supervision problems currently being experienced there, needed immediate implementation. Should Parks & Recreation have a difference of opinion on the safety issues, then they could be considered; but he felt this would provide supervisory staff authority to manage the problems as soon as possible. Councilman Ferguson moved to, by Minute Motion: 1) Appropriate funds from the Unobligated General Fund to provide seven-day supervision of the Palm Desert Skate Park; 2) direct staff to establish a Skate Park Registration Card system for implementation as soon as possible and no later than January 1, 2000; 3) direct staff to work with the Recreation District in scheduling first aid training through Drs. Jesser and O'Connell; 4) direct staff to provide a temporary storage facility at the Skate Park; 20 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5) refer development of a smaller skate park for younger and beginner users to the Parks & Recreation Commission for recommendation. Councilman Ferguson stated that sort of an anomaly with the Skate Park was that the bowl portion of the facility was fenced; however, the patio immediately outside it was not. He said legally, the City would be allowed to prohibit smoking inside the bowl but not outside on the patio. He and Councilmember Benson felt strongly that since users of the Skate Park were predominantly younger children, it was inappropriate to expose them to cigarette smoke; therefore, it was desirable to make the entire Skate Park a no smoking area. He said the City Attorney had advised late this afternoon that could be done with certain language revisions, which is why this consideration came in the evening session. Councilman Ferguson amended his motion to include waiving further reading and passing Ordinance No. 930 to second reading, amended to include the recommendations forwarded by the Public Safety Commission as delineated on page three of the Director of Community Affairs/City Clerk's memo. The amended motion was seconded by Councilmember Benson. Mayor Spiegel commented that Parks & Recreation Commission had signed off on many of the items on the subject memorandum; specifically, the full-time supervision, noting CVR&PD was attempting to hire employees to provide that coverage. Further, he said the Commission had also recommended that CVR&PD carry the necessary equipment (helmets, pads, wrist guards), suggesting Councilman Ferguson might want to include that in his motion so that children who were turned away for not having the right equipment could obtain it at a reasonable price. With regard to the telephone, he believed that a telephone was now available to the person in the golf cart that was supervising the facility, and a first aid kit was accessible, acknowledging he was unsure whether staff was trained in first aid, which he felt was a good point. As far as the storage area, he felt that should be looked at by the Parks & Recreation Commission as to whether or not it was required, in addition to the idea of constructing a smaller skate park. He said the only thing that had not been reviewed by Parks & Recreation Commission was the registration card requirement, and he believed it could be tried, but perhaps it should be revisited, as he felt it could cause some large problems. Councilman Ferguson said a suggested approach, which also came up at the Public Safety Commission, was that a registration system could not be immediately implemented. Therefore, it was felt January 1 could be established as an implementation date for requiring the cards, staff would be allowed to work on a system that would provide for day passes to be issued to visitors by supervisors, staff being asked to work on a system similar to that which every other kid in the CVR&PD had to abide by already. Subsequently, he said it was felt the skaters were not being singled out for special treatment, just being treated the same as everyone else while the City was being a responsible skate park operator. 21 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly suggested implementing a program similar to the Desert Willow resident card, where registration was recently changed to a 12-month period instead of the calendar year at the request of CVR&PD. Councilman Ferguson offered that a longer lead time could be provided to alleviate that issue. Mayor Spiegel suggested perhaps it wouldn't have to be renewed, once it was issued it was valid from that time on; in the meantime, if that was the direction, Parks & Recreation Commission would have an opportunity to comment on the matter. Councilman Ferguson acknowledged that he'd inadvertently forgotten about Mayor Spiegel's excellent idea regarding the obligatory wrist guards, knee and elbow pads, and helmets; if they were required, perhaps CVR&PD should be authorized to sell or rent them. Mayor Spiegel went on to say that Mr. Don Martin, Director of the Coachella Valley Recreation & Park District and who had been very helpful and instrumental in the Skate Park, had a death in his family; therefore, these items had not been reviewed with him. He said Mr. Martin would be back to work on November 22, when it was anticipated he would become actively involved in the subject items of discussion. The motion carried by unanimous vote. D. CONSIDERATION OF SECONDARY ACCESS FOR VISTA PASEO. Councilman Ferguson stated that the resident from Pitahaya Street who had been somewhat heading the citizens group to discuss the subject issue was called out of town on an emergency, asking Councilman Ferguson to request Council's continuance of it to the next meeting. MR. BILL SPRIGG, 126 Vista Monte, Palm Desert, stated he was president of the Vista Paseo Homeowners' Association. He was in attendance with members of his board of directors, stating that they'd just received a letter on October 13 discussing the secondary access which they replied to via their attorney on October 27. He explained that the development consisted of 80 homes, a gated community off of Edgehill that had been there since 1987; another 23 homes were built in 1999, causing some additional traffic with the construction activity, but residents of Vista Paseo had been traveling Edgehill for nearly 13 years without incident, and the construction traffic was now gone. Most of the home buyers in Vista Paseo did so for the convenience of downtown and retail accessibility -- they were about 2'h minutes from Desert Crossing. He believed the convenience feature would be destroyed if the secondary access was implemented; residents would be asked to backtrack through the tract to their rear (making that development unhappy with the additional traffic), then to make a left turn onto Highway 74 (a dangerous situation to many elderly residents), and travel down to Highway 111 or El Paseo, way out of the way to convenient shopping, whereas going down Edgehill was only a couple of minutes. In 22 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * their informal survey, he said many of the development's elderly residents did not want to make a left turn onto Highway 74; some accidents had occurred there, commenting he was aware many drivers near Shadow Mountain and close to Highway 74 now came back out through Pitahaya, Edgehill, and Beavertail because they were afraid of the Highway. Further, if the secondary access was installed, he was unsure how it would be enforced if residents didn't want to use it. MS. DVORA F. KRONICK, 107 Chelsea Circle, Palm Desert, said she was also a director of the Vista Paseo Homeowners' Association, adding to Mr. Sprigg's comments that consideration of such secondary access on this City Council agenda was quite a surprise to the board when it met this week. She stated they were never notified, they received a letter of inquiry asking their opinion, to which they responded with their attorney's letter. She believed it was unfair. Councilman Ferguson responded that the City Council. was approached by a group of residents to take a look at the issue, stating he didn't believe any other Councilmember asked for it on this agenda, either. Further, he had hoped that the residents who were concerned about the issue would talk with the Vista Paseo residents to work out an amicable solution; however, those residents could not be at this meeting. MR. LENARD M. STUESSEL, 134 Vista Royale, Palm Desert, said he was a resident of Vista Paseo, and he concurred with Mr. Sprigg that there was a major danger for their residents to go out the back way that was currently locked-- the south side access was only for fire trucks and emergency vehicles. He felt that if they went out through another complex, there would certainly be some more Council conversations on that particular subject-- traffic danger would be added to a development with a large population of children. Further, he didn't think that area wanted Vista Paseo's traffic in the first place, in addition to the hazard of turning left on Highway 74; it was wrong. He stated Edgehill was an open community street; Vista Paseo residents should be allowed to go the safest, shortest direction to their destination. Mayor Pro-Tempore Crites explained that residents downhill from Vista Paseo came to the Council some time ago with concerns about the amount of traffic. They requested the City's Public Works Department study opening a secondary access in the project, not to force anyone to use it, not to push people out onto Highway 74, but to the degree that people were going in a southerly route, perhaps it could be utilized. He said staff was asked to find out whether easements existed, whether there were any legal issues involved, etc., and then if anyone ever wished to do it, discussion in a public hearing with residents, including those of Indian Creek, etc., would occur. He stated that staffs recommendation was to not do anything, and to never take it to a public discussion where all affected residents would have to be notified. 23 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. STUESSEL appreciated the information; however, he said they would like to reach a conclusion. He realized there had been some additional traffic, there were 23 more homes; but a lot of the people living in Vista Paseo were weekenders-- they didn't drive through the week, meaning the total traffic impact was minimal. He acknowledged the stop sign on Edgehill, and he felt it was a safer place. Responding to question, Councilman Ferguson reiterated that the original group of residents who'd come to Council were unaware of the item being on the agenda again, neither was he, and those residents asked that Council provide them opportunity to be heard by continuing to the next meeting. Councilman Kelly felt it was a curious situation; Council was not being asked to do anything, only to accept the report. On the other hand, he realized people were uncomfortable about even discussing the issue. Mayor Spiegel suggested Councilman Ferguson meet with the group of people that wanted the secondary access, along with City staff, to determine whether or not a proposal to open it should come before Council. He said if that was the case, it would be a public hearing, everybody would be involved, and it would be resolved once and for all. Councilman Ferguson said he'd read the aforementioned Homeowners' Association attorney's letter and had asked the City Attorney to review it. He felt the way to bring peace to the residents who presented the issue was for them to hear the concerns of the Vista Paseo residents, and the City would get the legal opinion. He didn't think the Council had been seriously asked to consider any proposal at this point, just to look at the issue. From his experience, he believed getting all affected parties together to discuss the problem was the best way to resolve it. Councilman Kelly agreed that he needed to know the concerns of the other residents. Mayor Pro-Tempore Crites offered that the other residents came before City Council with their concern for traffic, including how the City allowed that subdivision to be built with only one access when there was a gate at the rear that could be utilized. He said it was after the stop sign was approved, which they felt helped a lot, that they asked the City to consider the secondary access. Council concurred that the issue should have been discussed prior to being placed on the City Council agenda, apologizing to those in attendance for the distress caused. With Council concurrence, Mayor Spiegel directed the City Clerk's office to take the names of all Vista Paseo residents in attendance so that they could be notified of when the issue would again be discussed. 24 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Spiegel clarified for those in attendance that staff recommendation was to file the report without additional action. He said if the other group desired additional action, then there would be a meeting prior to its returning to the Council. Responding to Mr. Sprigg's reiteration of the concern for enforcing use of the secondary access, Council as a whole assured him that was not the intention; it was being reviewed as a courtesy to other residents, not because the City felt it could or should be automatically opened. With Council concurrence, Mayor Spiegel asked Councilman Ferguson to carry forward the issue with Messrs. Diaz and Folkers. Councilman Ferguson moved to continue consideration of the secondary access for Vista Paseo to the meeting of December 9, 1999, at which time no action would be taken after hearing from the residents who had initially requested the consideration. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. Mayor Spiegel noted there was an item that staff requested be added to this agenda concerning the Mother/Child Sculpture. `— Councilman Kelly moved to add consideration of the Mother/Child sculpture project to this meeting's agenda. Motion was seconded by Councilman Ferguson and carried by 4-0 vote with Mayor Pro-Tempore Crites ABSENT. Mrs. Carolyn Miller, Community Arts Manager, requested Council's approval of a pose for the Mother/Child Sculpture project. She recalled for Council that it was a piece inspired by an essay submitted by Bernice Gonzalez in the 1997 Student Art & Essay Contest; there had been a long and arduous process involved, leading to the present stage of final design concept development. She said Artist Lisa Reinertson attended yesterday's Art In Public Places (AIPP) Commission Meeting with two poses: 1) The original "spinning" mother/child pose, noting the photographs contained within the staff report; 2) a walking pose with the mother/child holding hands. She elaborated that the spinning version was a much more active, playful, mother/child romp in the park; the walking pose was a much more literal interpretation of the essay. The AIPP Commissioners were unable to reach a majority decision, and she said they respectfully requested that since the project was initiated by Council, it might be appropriate for the final decision to rest there. She added that the quality of the art, the sculpting skills, and the ability to integrate to site, in light of this artist's background of major public works, would make either one of the presentations magnificent. Further, she'd just completed a telephone conversation with the artist this afternoon when it was suggested that the impasse of the Commission could be resolved via Mrs. Miller's explanation of the artist's presentation; should Council choose the more literal, walking hand in hand pose, she would, in her artistic way, make it an extremely energetic, vital, and enduring concept of which the City would be proud. 25 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Responding to question, Mrs. Miller said the figures would be clothed; the pictures were of the preliminary design. Councilman Kelly moved to, by Minute Motion, approve the more literal interpretation of Ms. Gonzalez's essay, the walking hand in hand mother and child pose, for the Mother/Child Sculpture project to be designed as Artist Lisa Reinertson had proposed in an energetic, vital, and enduring fashion. Motion was seconded by Mayor Pro-Tempore Crites and carried by unanimous vote. XIII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore, Business Support Manager, announced that Pottery Barn would open Saturday, November 20, in the former Benetton Sports location at The Gardens; there had been additional openings at that center in the past month, including Paul and Shark (yachting apparel) and Happy Trails (western furniture and art). Ms. Moore recalled at the last meeting she announced a lease out for signature on the former Polo location, it had now been signed by Billy Martin (high -end western wear), becoming their third location; others included Madison Avenue in New York and Sunset Boulevard in Los Angeles. She said Billy Martin was testing this market; therefore, the lease was short-term, and they were also intending to open this weekend. Ms. Moore reported that as of November 1 the Mondi chain of retail had announced chapter eleven reorganization. She said at this point, closing of all their stores had been announced, subject to change as the reorganization took place; however, this store had not yet provided a closing date. Ms. Moore went on to say that several months ago the Business Support Center applied for a grant from the Economic Development Agency of Riverside County for the purpose of establishing a business visitation program. She said yesterday the County informed her that the City of Palm Desert received a $50,000 grant for its program, which included creation of a business survey that focused on businesses that needed to expand as well as those which needed to be retained. She said City staff was working with the Chamber of Commerce and the Institute for Retail Studies at College of the Desert to complete the surveys; over 125 businesses would be chosen for the variety of goods and services provided, criteria would also include number of employees and sales tax generation. She said four Valley cities received grants from the County, and within their proposals included a labor market needs assessment study for the Coachella Valley, of which Palm Desert was a part. Therefore, she stated that study would also be conducted within the grant and would be spearheaded by the Coachella Valley Economic Partnership for the various cities. She noted that the project would be completed by June 30, 2000, 26 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * and information on surveys and the labor assessment would be available and shared with Council at that time. 2. Progress Report on Desert Willow Clubhouse Facility Mr. Allan Levin of Allan Levin Associates, contract construction manager, noted the updated schedule just handed to Councilmembers, regretting to inform them that another 10 days had been lost. He said it was exclusively due to the lack of manpower; the drywallers were approximately two weeks behind in their schedule, even though they had tried everything possible to obtain additional crew. He drew attention to the fact that the general contractor, Barnhart, had 90-95 % local subcontractors for the job, adding that if there was any good news to share, it would be that the local economy was very strong. However, the local contractors were smaller operations with limited manpower, yet he believed the project was through the worst of the manpower delay possibilities. He went on to say the drywallers were done; workers had begun hanging t-bar ceiling in the dining room, painting had started, the wood ceiling was up in the entry, bar, and snack bar areas, further inviting Councilmembers to the site to see the progress to date. In response to question whether completion would occur by January 17, Mr. Levin said he was well aware that City staff needed a definite date. Therefore, he recommended an early February opening to allow the remaining two weeks in January for any possible snags that could occur. He noted that the contractor felt comfortable, and staff would continue to push, especially if Council picked an opening date in early February. Responding to inquiry about dates for the Frank Sinatra Celebrity Golf Tournament at Desert Willow, General Manager Gregg Lindquist affirmed it was February 17. Councilman Ferguson stated he'd be more comfortable with a mid -February opening, further suggesting that it be coordinated with the Frank Sinatra Tournament. Mayor Spiegel felt the opening would be a good chance to practice for a major event. Therefore, he felt it should occur before the Frank Sinatra. When asked whether there was already a budget for the Clubhouse opening, Mrs. Klassen said she would investigate. Councilman Kelly and Mayor Spiegel volunteered to participate in a committee to organize it. 27 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Status Report on TEA Grant Applications Mr. Gaugush reported that as of yesterday, staff had applied for a Transportation Enhancement Activities (TEA) Grant. He said the project identified was corridor improvement at the I-10/Monterey interchange, involving landscape and potential art improvements there. 4. Update on Business Support Loan Program Mr. Dan Lanager, Business Support Technician and lead staff person for the loan program, outlined the major points of the subject report contained within the agenda packets. He explained that staff was currently moving forward in development of criteria for a facade improvement grant program that would target businesses in specific redevelopment zones, working with two existing Palm Desert businesses to gather information that could be presented to Council. Further, by implementing a facade improvement program, as described, staff believed a more appropriate City role would be established. In closing, he said once investigation was complete, a study session with Council would be requested to discuss the findings. B. CITY MANAGER Mr. Wohlmuth asked Council to add to this agenda an item for Closed Session consideration regarding property negotiation pursuant to Government Code Section 54956.8: 1) Property: Lease 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: Goodwill Industries Under Negotiation: . Price Terms of Payment Mayor Pro-Tempore Crites moved to add the aforementioned property negotiation to the agenda for Closed Session consideration. Motion was seconded by Councilman Ferguson and carried by unanimous vote. C. CITY ATTORNEY Mr. Hargreaves noted the items agendized for Closed Session consideration, which he asked be considered at the appropriate time. 28 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Acquisition of Parking Easement - 72-840 Highway 111, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Westfield Corporation, Inc. Under Negotiation: _2(., Price -x.. Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Stull v. Bank of America NT&SA, et al., Superior Court for the State of California, City and County of San Francisco, Case No. 968-484 b) City of Palm Desert v. Nye, et al., Riverside County Superior Court Case No. INC 013370. Significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2) Report and Action on Items from Closed Session Made at This Meeting None D. CITY CLERK None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Future Consideration of Arboretum at Council Chamber Entry (Councilman Richard S. Kelly). Councilman Kelly asked for concurrence of his colleagues to direct the Landscape Committee to design a proposal for an arboretum at the Council Chamber entry. He believed the site would also be a good place to host 29 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * receptions and asked that the item be included on Council's next meeting agenda. 2. Request for Review of Covered Parking for Civic Center Areas without Trees (Councilman Richard S. Kelly). Councilman Kelly asked for investigation of covered parking for areas without trees, such as the area adjacent to the Skate Park. He asked for that item to also be included on the agenda for Council's next meeting. 3. Request for Property Negotiation (Mayor Pro-Tempore Buford A. Crites). Mayor Pro-Tempore Crites asked his colleagues to add an item of property negotiation to this agenda for Closed Session consideration, pursuant to Government Code Section 54956.8: 1) Property: Property west of Palm Valley Channel, near Thrush Street - Palm Desert, CA Negotiating Parties: Agency: Ramon A. Diaz/City of Palm Desert Property Owner: Homme Under Negotiation: _x_ Price _&. Terms Councilman Ferguson moved to add the aforementioned property negotiation to the agenda. Motion was seconded by Councilmember Benson and carried by 4-0-1 vote with Mayor Spiegel ABSTAINING. 4. Request for Closed Session Consideration - Potential Litigation - Desert Willow (Councilman Jim Ferguson). Councilman Ferguson asked for the inclusion of an additional item of potential litigation during Closed Session, pursuant to Government Code Section 54956.9(b): Number of potential cases: a_ Councilman Ferguson moved to add the aforementioned case to this meeting's Closed Session. Motion was seconded by Councilmember Benson and carried by unanimous vote. 30 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: 1. Landscape Committee (Councilman Richard S. Kelly). Councilman Kelly referred back to his earlier comments regarding a bicycle trail, reporting that it had also been brought up at the last Landscape Committee meeting. Therefore, if his colleagues concurred, he said the Committee would be formulating a recommendation for a permanent bike route in the City. 2. Riverside County Transportation Commission (Councilman Richard S. Kelly). Councilman Kelly stated that at the last RCTC meeting, there was discussion about the next disbursement of State funds. He recalled for his colleagues that there was an established formula for that distribution, of which there was also provision for a discretionary allotment. He said in this instance it was $58 million; RCTC staff recommended spending the entire amount in the Riverside area. He went on to say eastern cities objected, leading to quite a debate that resulted in six or seven western cities siding with the east; therefore, a motion passed that directed use of the existing formula for dividing those funds. However, he said the Supervisors called for a division house, which meant nothing could happen until mediation occurred. 3. CVAG Energy & Environment Committee (Mayor Pro-Tempore Buford A. Crites). Mayor Pro-Tempore Crites said at today's meeting, several City staff members were in attendance to hear results of this year's PM10 research relative to golf course scalping. He said there were some remarkably simple solutions that eliminated 98% of the dust from the vacuuming/raking process, generating much enthusiasm, which led to proposals for additional research next year to test long-term validity of the process. Further, he said that homeowners' associations were pleased, the Hi-Lo Superintendents' Association and researchers were enthused, and PM10 would be coming out of the air, which was as good a set of results as possible. 4. Census Outreach (Mayor Pro-Tempore Buford A. Crites). Mayor Pro-Tempore Crites reported that Indian Wells Councilmember McIntyre contacted him today to ask the City of Palm Desert to appoint a staff member for the Year 2000 Valley Census Committee. He asked Mr. Wohlmuth to make the appropriate appointment as soon as possible. 31 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Public Safety Commission (Councilman Jim Ferguson). Councilman Ferguson reported that since Council's last meeting, the Public Safety Commission Chair, staff liaison, and he traveled to Washington, DC, for the National Crime Prevention Conference. He had a good opportunity to meet with Senator Dianne Feinstein about her gun control and other safety and prevention initiatives, and he also met with the Director of Juvenile Justice at the U.S. Department of Justice about proactive programs for school -age children that were preventative in nature, steering kids away from trouble before it became an issue for them. He noted that the Public Safety Commission would take a look at a number of those programs and make subsequent recommendations. 6. Small Business Administration (Councilman Jim Ferguson). While he was in Washington, DC, Councilman Ferguson further reported that he spoke with the White House Liaison from the Small Business Administration about small business loan programs for facades and storefronts, such as was currently being reviewed. He would receive additional information, including that regarding how the City could take advantage of Section 7A money and have the Federal Government fund the loan assistance program as opposed to doing it out of the General Fund. 7. Desert Willow Committee/Desert Willow Turnabout (Councilman Jim Ferguson). Councilman Ferguson commented that although he hadn't yet discussed it with Councilman Kelly, even though it had been brought up at the Desert Willow Committee Meeting, there was a turnabout in the very center of the Desert Willow Resort that he suspected would be the focal point for all the development there. He believed a small committee should be appointed, comprised of persons like liaisons to the Art In Public Places Commission, etc. , to determine what content should be included in that site. He said gardens, flag poles, and sculptures had all been suggested; as the signature point for the entire development, it merited a working committee to finalize the plans. 8. Palm Desert Golf Cart Parade Committee (Mayor Robert A. Spiegel). On behalf of the Golf Cart Committee, Mayor Spiegel presented an award to Mayor Pro-Tempore Crites from the recent Golf Cart Parade in recognition of the City's being a presenting sponsor of the event. 32 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9. California State University (Mayor Robert A. Spiegel). Mayor Spiegel reported that the Chancellor and he signed the agreement for California State University, San Bernardino at Palm Desert, on Tuesday this week. He said the Chancellor spoke of the facility being a "2 x 2" school-- two years at College of the Desert and two years at California State University, and he also spoke of the availability of graduate classes and the benefit those programs would provide the Valley, since there was such a small percentage of graduating seniors who went onto higher education. Further, he said the Chancellor would also be working with Valley elementary schools to establish the idea of furthering education for those children, including getting educators up to speed for the task. Additionally, Mayor Spiegel said he and Councilman Kelly attended a luncheon where Chancellor Reed was the featured speaker and was very enthusiastic about the project in Palm Desert and working with College of the Desert. However, Mayor Spiegel noted the Chancellor wasn't particularly enthusiastic about the Valley's elementary schools. Councilman Kelly added he was very much impressed with the Chancellor, his practical nature, communication style, and the grasp he already had of the area's dynamics. He felt the Chancellor was definitely dedicated to providing better teachers. 10. Technology Committee (Mayor Robert A. Spiegel). Mayor Spiegel stated the Technology Committee recently concurred and recommended that City Council meetings not be televised. However, the Committee did recommend placing all agendas and minutes on the web site for easy access to citizens. Councilman Ferguson added that with issues such as Fred Waring Drive and Portola Avenue, where residents were concerned with adequate notice, he wanted to investigate the possibility of posting those notices on the web site, as well. Mayor Spiegel cautioned that many residents were still not computer owners. Upon a motion by Mayor Pro-Tempore Crites, second by Councilman Ferguson, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting to Closed Session at 5:57 p.m. He reconvened the meeting at 7:05 p.m. 33 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Please see individual items for discussion and action. XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. REORGANIZATION OF THE CITY COUNCIL. 1. SELECTION OF MAYOR AND MAYOR PRO-TEMPORE. Mrs. Gilligan declared the offices of Mayor and Mayor Pro-Tempore vacant and invited nominations for same. Councilman Kelly nominated Mayor Pro-Tempore Crites for the position of Mayor. Nomination was seconded by Councilman Spiegel and carried by 4-0-1 vote with Mayor Crites ABSTAINING. Councilmember Benson nominated Councilman Ferguson for the position of Mayor Pro-Tempore. Nomination was seconded by Councilman Kelly and carried by 4-0-1 vote with Mayor Pro-Tempore Ferguson ABSTAINING. 2. COMMENTS BY NEWLY SELECTED MAYOR AND MAYOR PRO-TEMPORE. Mayor Pro-Tempore Ferguson expressed his appreciation to Councilman Spiegel and Mayor Crites for the past successful year. In particular, he commended Councilman Spiegel for the enthusiastic approach he took in his first term as Mayor, for running a tight ship, keeping the meetings on time, and for allowing his colleagues opportunity to speak on issues that resulted in well -reasoned and balanced decisions throughout the year. Mayor Crites also thanked Councilman Spiegel, not only for being Mayor of the City of Palm Desert, but also Chairman of the Palm Desert Housing Authority, Chairman of the Palm Desert Redevelopment Agency, President of the Parking Authority, and President of the Library Foundation, the first line of communication with the public, having done an excellent job in all duties over the past year. He went on to say that the name of Robert A. Spiegel had been added to the list of those who had served as Palm Desert's Mayor. Mayor Crites commented that in the last 28 years, 10 people had served as Palm Desert's Mayor-- Hank Clark, first Mayor, served three terms; Noel Brush in 1976 for one term; the late Ed Mullins served three terms; S. Roy Wilson began as Mayor in 1980 and served three terms; Romeo Puluqi, a restaurateur, served one term as Mayor; Walter Snyder served three terms; Richard Kelly had served three terms; Jean Benson had served three terms; and now Robert Spiegel had served his first term-- there was an enormous 34 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * amount of stability present in Palm Desert. He also expressed appreciation to Mrs. Sharon Spiegel for serving an equally busy year as the Mayor's spouse. In closing, he welcomed his wife, Joy, and daughter, Cody, who were in attendance for the event, expressing his appreciation for their support. B. PRESENTATION TO PHILIP SLADICK IN RECOGNITION OF HIS SERVICE TO THE CITY OF PALM DESERT AND ITS HOUSING COMMISSION (Continued from the meeting of October 28, 1999). Ms. Teresa LaRocca, Housing Manager, stated that Mr. Sladick had been a member of the Housing Commission for the past year, a tremendous asset to the Commission since he brought with him a resident's perspective. She said he was instrumental, not only in identifying issues, but finding satisfactory solutions for them. On behalf of the City, Mayor Crites and Ms. LaRocca presented an engraved crystal clock to Mr. Sladick in appreciation of his service to the City and its Housing Commission. C. PRESENTATION OF 1999 MILLION DOLLAR DAYS PASSPORT TO SAVINGS GRAND PRIZE (Continued from the meeting of October 28, 1999). Ms. Ruth Ann Moore, Business Support Manager, stated the Million Dollar Days was a program set up for Palm Desert merchants, a two -month summer promotion that encouraged local residents to shop during that time. She said besides the discounts that were provided by the over 200 participating merchants, the program always featured a grand prize drawing. On behalf of the City Council, Mayor Crites presented the grand prize Mexican/Baja three-day cruise to Ms. Libbi Starr Stoica, who had selected Royal Caribbean as her line of choice for the trip. Mayor Crites regretted that the owners of Cruise One, Sue and Desmond McCarthy who had provided the grand prize award, were not able to be in attendance for the presentation, but he expressed their excitement over Ms. Starr's name being drawn for the prize. Ms. Starr expressed her deep appreciation for the prize. With Council concurrence, Mayor Crites suspended the agenda at this point in order to allow another special presentation. Mrs. Gilligan stated that over the many years both she and Ms. Patricia Scully, Community Affairs Specialist, had been with the City, Councilmembers had given them many ideas they wanted to see implemented. She said in the past year, an idea was given them that they felt was less than the best one ever; but Council supported it, staff moved forward and budgeted funds in the current fiscal year. However, this November when looking down El Paseo, she said there was a tremendous sense of pride felt for the City and country, and staff realized how great an idea it was to fly an American flag from every tree along El Paseo. On behalf of the City of Palm Desert, Mrs. Gilligan and Ms. Scully presented a framed color photograph of El Paseo 35 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * resplendently lined with American flags. She explained that it was Councilman Kelly's idea to place flags on every tree on El Paseo, celebrating Veteran's Day, Palm Desert Veterans, and his own service as a member of the U.S. Air Force. Mrs. Gilligan commented that each Councilmember would receive the same framed photograph to remember the event. Councilman Kelly commented that with regard to the grand prize cruise award just given, he remembered paying a substantial fee that was related to the trip but not included in the original cost. He was concerned that Ms. Stoica might also have to pay that amount, and he believed the City should bear that cost. Councilman Kelly moved to add the aforementioned consideration of expenditure for any fees related to the grand prize cruise just awarded to Ms. Libbi Starr Stoica to this agenda. Motion was seconded by Mayor Pro-Tempore Ferguson and carried by unanimous vote. Councilman Kelly moved to, by Minute Motion, authorize staff to pay any fees related to Ms. Stoica's grand prize award of the Mexican/Baja cruise so that she had no out-of-pocket expenses. Motion was seconded by Councilman Spiegel and carried by unanimous vote. XVI. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A HILLSIDE DEVELOPMENT PLAN, ALLOWING GRADING AND CONSTRUCTION OF A 3,200 SQUARE FOOT SINGLE FAMILY DWELLING ON A 7.5 ACRE SITE LOCATED AT 72-725 UPPER WAY WEST IN THE HILLSIDE PLANNED RESIDENTIAL ZONE Case No. HDPP 99-2 (Yolanda Fuentes Mendoza for Roy W. Carver, Applicant). Mr. Drell called Councilmembers' attention to the renderings on display, reporting that the particular home was a relatively modest, 3,200 square foot, southwest style home. He stated it would be constructed within a ravine, oriented up towards the mountain; it was in compliance with all of the City's specific standards within the Hillside Ordinance, with approval recommended by both the Architectural Review and Planning Commissions. He noted that Planning Commission had made the required finding for development in the hillside that it blend, to the greatest extent possible, with the natural terrain; the home was relatively low in height (varying between 13-14 feet), colored to blend with the surrounding rock, virtually invisible from anywhere in the City, and staff recommended approval. Mayor Crites declared the public hearing open and invited testimony FAVORING or OPPOSING the subject case. With no testimony offered, he declared the public hearing closed. Mayor Pro-Tempore Ferguson expressed sincere appreciation to Mr. Carver for giving what he felt the City's Hillside Ordinance envisioned for construction of homes in that area. He said complaints had been registered that the ordinance was ambiguous and hard 36 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to understand. However, when Mayor Crites and he reviewed plans for the subject case, it was felt that Mr. Carver's home had been designed in such a way that it blended entirely with the surrounding environment, ensured Mr. Carver a view from within while ensuring that the rest of the City wouldn't have to notice the home otherwise obscuring the beautiful hillside, one of the City's greatest assets. He thanked Mr. Carver for the sensitivity shown to the City in this development and for what would probably become the shining example of how it should be done. Mayor Pro-Tempore Ferguson moved to waive further reading and adopt Resolution No. 99-106, approving HDPP 99-2, subject to conditions. Motion was seconded by Councilman Kelly. Councilmember Benson echoed the sentiments of Mayor Pro-Tempore Ferguson. She further commented she couldn't think of anyone more deserving of a home in the hills, knowing he would do it in the right way, having been a good friend of the City of Palm Desert, than Mr. Carver. The motion carried by unanimous vote. B. REQUEST FOR APPROVAL. OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN OF DESIGN FOR A 166,725 SQUARE FOOT SPORTS FACILITY AND A MASTER PLAN FOR A 70-ACRE SITE IN THE PLANNED COMMUNITY DEVELOPMENT (PCD) ZONE AT 35-250 MONTEREY AVENUE Case No. PP-18 (Desert Sports Group, Applicant). Mr. Jeff Winklepleck, Parks & Recreation Planning Manager, directed attention to renderings of the project's first phase that were displayed in the Chamber and distributed to Councilmembers. He highlighted specific points of interest contained within the subject staff report, including that the project's main entrance would be on the north, at 35th Avenue, and the traffic study incorporated the entire 70 acres for its calculations. He went on to say the structure itself was reminiscent of Frank Lloyd Wright's Taliesin design. He noted the structure would be situated on the property's southeast corner, approximately 1,700 feet east of Monterey Avenue, with the building pad approximately 30 feet below the grade of Monterey, which staff felt significantly minimized the project's visual impact. He said the project was recommended for approval by the Planning Commission on November 2, 1999, with the one dissenting vote (Finerty) cast due to height concerns. Staff recommended approval of the facility. When questioned whether all possible steps had been taken to ensure that the entrance for the subject project aligned with any development across the street, Mr. Winklepleck answered affirmatively. In fact, he said that was also discussed at the Planning Commission, and Mr. Mark Greenwood, Transportation Engineer, had contacted the City of Rancho Mirage to confirm alignment with their facility, as well. Further responding to question about bus shelter, Mr. Winklepleck answered he believed there was already a 37 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * requirement in the conditions, if not, it could be added, for the developer to meet with SunLine to identify any needs for a bus shelter at the location. Additionally, he was confident that there was no concern over the Applicant's provision of a bus shelter that was compatibly designed with the project, adding that it could also be conditioned as such. In response to inquiry about the preannexation agreement's entitlement of a six -story hotel and its relative height for the subject project, Mr. Winklepleck said as identified in the staff report, if there was an approximate 20-foot entryway (standard now for grandiose entries), and ten feet per story beyond that, it was approximately 70 feet. He said the average height of the project was 42 feet. Further, he affirmed that said agreement was entered into prior to this land being annexed by Palm Desert, they were rights vested in the property owner at that time in order to annex property further north. When questioned about a letter Council received from Mr. Bernard DeBonne, who owned 20 acres on Market Street and favored the project but stated it was imperative he have two entries, Mr. Winkepleck answered that a condition was placed on the project requiring the Applicant to work with staff and property owner to the north, Mr. DeBonne, to devise satisfactory access. Upon inquiry about Market Street, Mr. Drell explained that there was a previously approved set of maps that identified the subject street as "Market Street." In further response, Mr. Drell understood it was Westfield's desire, assuming all the necessary agreements and arrangements were made for the mall's remodel, to close the ice rink when construction was initiated in January or February. With regard to the preannexation agreement, Councilmember Benson expressed her concern that the proposed project could sit out there ten years before anything else was done since there was no specific time limit. In response to question, Mr. Hargreaves responded that the clock on the development agreement started when it was executed. Mr. Drell added that as with any project, he was certain it was the developer's desire to proceed as quickly as possible on subsequent phases; the City did not have any provisions in its Code to compel developers to build. He commented that if for no other reason than for defending the project from sand on the western edge, he felt the Applicant would want to get the rest of the project developed, planted with wild flowers, if nothing else. When questioned whether staff had planned beyond that of the perceived traffic load of the project (i.e. pockets for left turns), Mr. Gaugush responded it had. He added that the project data included background growth, proportionate over the project life, as well as the project itself for capacities and volumes that would be added to the system. He answered that a signal at the Monterey access was one of the mitigation measures. 38 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18,1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In response to question about one of the Community Development conditions regarding mitigation requirements for an approved multiple species habitat plan, Mr. Winklepleck affirmed it was one yet to be completed. Further responding, he answered that landscaping on property frontages would be desert-themed, drought tolerant, etc. When asked about requiring that for the interior of the project, except in areas where lawn was deemed appropriate, Mr. Winklepleck said that was the direction given with Architectural Review Commission's preliminary approval. He added that the plans did show turf along Monterey and along the entry, and the direction was to remove that turf and replace it with something similar to the landscape at Desert Willow; the Applicant was directed to include turf only in those areas around the building where there might be some activity. Responding to question whether the Public Works condition could be modified to reflect that direction, Mr. Winklepleck said it could. Mayor Crites declared the public hearing men and invited testimony FAVORING or OPPOSING the subject project. MR. MYRON MACLEOD, 3306 Golden Star Lane, Carlsbad, CA, stated he was a member of the two families, MacLeod and Couch, that had owned the subject property for some 20+ years. He said the entire 70-acre parcel was owned by the families, initially purchased anticipating its future sale to developers; he wished to focus on what he considered as the project's first phase-- building and development of infrastructure back to the far east corner of the property for the Desert Sports/Multi-purpose facility. He responded to the earlier question about speed of the development, noting that when it was purchased, Monterey Avenue was not yet to I-10, acknowledging that they believed something would have been done with the property years ago. He said much of that was due to economic reasons, timing wasn't right, even though it was purchased for another purpose; the City had changed. Of the various ideas brought to the property owners, including those proposed by the family -owners, he said this was the first one that generated their excitement, and the first one that would benefit the community and the property owners. He said they were concerned for the project, not that it would just be a quick turnaround, but that they remained as owners on the rest of the property and in part of the subject sports facility; they cared very much how it impacted the rest of the property, as well as the community at large. It was his belief that the facility itself would add jobs and income to the community; it would be something that would draw positive attention to Palm Desert, feeling that it would be something for family activities where there was currently a void. Further, he said as well as the families knew Palm Desert, they realized that Monterey was now really the gateway to the City, that their property had much Monterey frontage, and he hoped that as the drawings were reviewed, as well as signage and related items, that Councilmembers would realize the MacLeod -Couch families understood the importance of the entrance to Palm Desert. He said whereas some might believe the Applicants were doing this at the last moment, he'd been speaking with some of the people yet to speak tonight for nearly two years. Responding to the inquiry about the bus shelter, he said that would not be a problem, they would like to do that. Further, 39 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * he said Mr. DeBonne was helping the MacLeod -Couch families with some items, and they would certainly cooperate with him. As far as height was concerned, their families were also concerned with that issue as owners of the entire parcel. He pointed out that the facility was intentionally placed at the far east end of the property, the lower end; buildings would be built in front of it, and the structure's impact on Monterey would be minimal, noting from some locations the top of the structure might not even be visible. He handed to Councilmembers a digital representation prepared by the architects, showing what the building would look like from the street. In any case, he wanted it to be clear that his message was that they were in the process for the long haul; their families had owned the Fivp:,i ly many years, they intended to maintain ownership in the sports facility and the rest of the property. They were aware of the community, other projects that had been well -received, were trying to use designers and consultants that they were sure had also been well -received here-- Desert Willow landscapers, etc. He promised to continue to work with the City in order to make sure there was follow through on the entire property. He also mentioned that another important factor was management, and he believed it would be shown that the idea of management was not just to descend upon the community, but to become a part of it; therefore, they would be working with the schools to develop teams, etc. MR. BOB MCLENDON, Centerville, VA, development partner for the sports facility, stated that its original concept was to create an ice rink of a quality nature, a legal -size facility, due to the closure of the rink at the mall. In the project's evolution, responding to concerns for the facility being able to stand alone and support itself, he said they were fortunate to be able to align with some quality operational people that created some of the additional components. He commented that a little over a year's worth of research had created a facility that now included an NHL -size ice facility with seating that would accommodate tournaments; three, 94-foot, NBA -size basketball courts that were interchangeable into volleyball courts; a multi -purpose floor that would accommodate inline hockey, youth level soccer, and some drive-ins as convention space, if necessary. Further, he said there would be some senior citizen activities programmed, golf driving opportunities on a softer surface done inside. To ensure the facility's stand-alone capability, he explained that some interior core components were incorporated that would be very successful-- a full -service restaurant, a training/health club environment, a child care facility, as well as a dynamic Gameworks, an interactive video facility of a quality nature. He said there would also be a licensed retail pro shop inside, with all the items being created to feed one another off of the synergy within the building; everyone was concerned how successful the ice rink would be in Palm Desert, which is why they created a dynamic facility that should enhance both the local and regional environments, not to mention the national environment-- a facility that would be unsurpassed in the business. MR. LARRY STEELE, President of Hoop USA, Inc., Portland, OR, part of the operational team, said his firm was responsible for the components of basketball, volleyball, fitness, and scientifically and medically based athletic training for everyone 40 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * from cheerleaders to wrestlers, softball to basketball to football players-- an element in sports today that many parents looked to, allowing their children to be a little quicker and faster. He reiterated that his firm provided opportunities for all ages in the form of leagues and tournaments, camps and clinics, youth certification programs for coaches, helping them deal with the needs of youth and to recognize the importance of instilling self esteem in children and teaching them to be team leaders. Additionally, and probably one of the ones they admired the most, was their program that helped referees be better at their jobs. He said even though they had many programs for all ages, the foundation of their business philosophy was really to provide opportunities for all youth, and their feelings were very strong on that issue. He said with those feelings, they felt they could supplement the many positive programs already in existence in the community of Palm Desert. His firm looked forward to being able to implement the programs in such a way that the community would appreciate them in a world -class facility, something that would become the source of pride for all involved. He closed by stating his firm believed that sports were a great vehicle to provide many positive situations to youth in general, as well as for everyone. MR. MCLENDON highlighted some of the features and design elements, noting it had taken the architect, the local engineering firm, and he to create a structure that first represented some level of a successful western design, incorporating as much as possible for a structure of its size, contours of the land to the benefit of the structure. He said several concerns had been raised about height. To explain the project's height requirements, he said the basketball components required 32 feet, and with the size of the building's spans at 150+ feet in some cases with steel and light fixtures to support, 36 feet of clean height kept pushing up the roof. As part of the element of this particular design, he said the center core was being driven by the ridge on each side of the building; as the core was created, they tried to allow flexibility within the theme of their operational standards. He said one component they were considering including was a rock climbing wall, which also needed that height. Other than that, he explained it was pretty much driven by the sport-- hockey required about 25 feet off the edge of the boards, etc. With regard to the operations of the facility, he stated the hockey program was exciting; Huron Hockey, the world's largest hockey school, had been engaged, and their management and programming expertise was phenomenal, especially the youth programming that nurtured programs through middle and high schools, incorporating learn to skate programs that weren't normally found. He reiterated his passion for the project, hoping that Council would look favorably on it. Responding to question whether the pool shown for a future phase was one of Olympic size, Mr. McLendon said the master plan showed different uses of the property, and those elements were to be determined; an Olympic pool was not planned for the site currently. He said the element they were solely focusing on now was the ice rink/multi-sport complex, noting further that there was a time line on the development agreement that 41 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * expired December 2, 2002. Therefore, part of the programming was to assist the land owner in overall development after phase one was initiated. When questioned how the subject facility intended to provide opportunities for ice skating, citing the tremendous amount of discussion about that sport and desire for a facility that would be a training ground for Olympic ice skaters, one that would rival Arrowhead's facility, Mr. McLendon said the current facility incorporated an NHL sheet, 85 x 200. He went on to respond that due to expense considerations, the building was programmed for expansion to an Olympic -sized facility; they were going to install the lower header pipes to do that when the facility expanded and became more successful. Currently, based on participation, the NHL sheet was planned. He said in general, from building 56 sheets of ice, they could accommodate both sports; the Olympic size was what a standard twin pad was going to in the industry-- one NHL and one Olympic. He stated if a stand-alone, successful, single ice rink was done, it would be an NHL -size sheet. Upon inquiry about the roof color, Mr. McLendon stated "patina green" was intended to emulate oxidized copper, further responding that the computer generated picture represented the color as being more intense than what was actually intended. He affirmed that it would not be bright blue, and when asked how set the developers were on that color, he further affirmed they were still flexible on that component of the project. In response to question about how similar the Palm Desert Gameworks would be to the one in Las Vegas, Mr. McLendon answered the proposed would be a studio facility, a scaled - down version; the closest one would be in Puente Hills. Referring back to Mr. MacLeod's earlier comments that the original intention for the subject property was something different and asking what that had been, Mr. MacLeod stated he'd grown up in the retirement mobile home park industry. His father had been in service and his parents built mobile home parks, still owning some on the East Coast. The family moved to California and acquired various properties where it was felt such facilities would be successful. He noted that when the property was purchased, it was felt Monterey would be complete to I-10 within three years, then five years, acknowledging it was his opinion that use would not currently be best for the property. Councilmember Benson expressed her concern over the proposed roof color, citing how it was wished Marriott's roof had been approved in a color that blended with the mountains so that when seen from a distance, it would blend with the sand and not stand out from the rest of the landscape. Therefore, she felt the roof color should more closely match the adjoining landscape. MR. MCLENDON said that could be taken into consideration. 42 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In response to question whether the signage would return as a separate issue, Mr. Drell affirmed those less weighty issues had not been dealt with yet; they would all come back. The following persons voiced their strong support for the project as proposed by Desert Sports Group: MR. BRUCE POWERS, 41-691 Jamaica Sands Drive, Bermuda Dunes, CA, on behalf of the Desert Sunsations Figure Skating Club. MS. CATHERINE CROSSON, 26 Colonial Drive, Rancho Mirage, CA, as someone who had coached figure skating in the area for the past seven years. MR. DAVID KEITH, 40-104 Sagewood Drive, Palm Desert, as the parent of a figure skater and for the value ice sports brought to the community. MS. CATHY MAJID, 79-505 Mandeville Road, Bermuda Dunes, CA, as current president of the Hockey Association. MS. MELISSA LEE, 40-843 Biscayne Drive, Palm Desert, as an officer of Desert Ice, a non-profit organization, and dedicated parent of a figure skater. MS. NINA WARNICK, 12-158 St. Andrews, Rancho Mirage, CA, representing the Desert Blades, a senior adult skating group, and the Palm Desert Ice Dazzlers, a synchronized senior skating group. With no further testimony offered, Mayor Crites declared the public hearing closed. In response to Mayor Pro-Tempore Ferguson's question about Architectural Review Commission's (ARC) reaction to the project, Mr. Drell said it had received preliminary approval from that body. In further response, he said if Council wished ARC to re- examine certain aspects from those presented on the working drawings, it could do so. He affirmed that roof color could be one such aspect. Councilmember Benson emphasized her desire that the roof color be revisited by ARC. Mayor Pro-Tempore Ferguson expressed his appreciation to the parents from the hockey and ice skating groups that began working with the City some 18 months ago to find various ways to keep an ice rink. He felt a good deal of credit should be given to TrizecHahn for keeping the rink open and for Westfield's honoring that commitment, as well. Further, he thanked the gentlemen who represented the proposal that would meet the needs of the community's youth and senior skaters. He then asked for a reaffirmed commitment that the facility would pencil standing alone. MR. MCLENDON affirmed it would pencil. 43 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel felt the project was terrific and was confident that the developers were genuine. He noted that ice rinks had been proposed in nearly every Valley city in the past year, none of which had come to fruition. He praised the opportunities for children that would be created by this project, which would amplify the City's efforts over the years, including five soccer fields on Hovley Lane, the new Skate Park; now with the proposed indoor basketball courts, a regulation hockey rink, and hopefully, an Olympic -sized ice rink in the future, not to mention all the other amenities planned for the site, it would be a great asset to the City of Palm Desert. While he was also not enthused about the roof color, he felt the issue would not be insurmountable to the Applicant. Councilman Spiegel moved to waive further reading and adopt Resolution No. 99-107, approving PP 99-18 and master plan, subject to conditions, including those specifically raised during the discussion regarding bus shelter considerations, roof color blending with the rest of the structure and surrounding environment, and landscaping the project interior so that it was consistent with the City's policy for environmental compatibility. Motion was seconded by Councilman Kelly. Responding to inquiry, Mr. Drell said the modified roof color would return to Council for its consideration and approval. The motion carried by unanimous vote. With Council concurrence, Mayor Crites recessed the meeting at 8:34 p.m. in order to allow those in attendance for Public Hearing Item B to exit the Chamber. He reconvened the meeting at 8:40 p.m. C. REQUEST FOR APPROVAL OF STREET RIGHT-OF-WAY AND PUBLIC SERVICE EASEMENT ABANDONMENT FOR LOCATIONS KNOWN AS DESERT COUNTRY CIRCLE AND PALM VISTA UNIT NO. 1. Mr. Gaugush provided a brief explanation of the request. Mayor Crites declared the public hearing Op = and invited testimony FAVORING or OPPOSING the subject request. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 99-108, vacating a portion of right-of-way known as Desert Country Circle north of Country Club Drive; 2) waive further reading and adopt Resolution No. 99-109, abandoning a portion of those public service easements affecting Lot Nos. 20 and 21 of the Palm Vista Unit No. 1 Subdivision. Motion was seconded by Mayor Pro-Tempore Ferguson and carried by unanimous vote. 44 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. PRESENTATION OF ANNUAL AB1600 DEVELOPER IMPACT FEE REPORT. Mr. Espinoza asked for a continuation of the subject presentation to Council's meeting of December 9, as Executive Director of the Building Industry Association, Ed Kibbey, had some specific concerns that staff wished to address with the City Attorney. Mayor Crites declared the public hearing open and invited testimony with regard to the subject Developer Impact Fee Report. No testimony was offered at this meeting. Councilman Spiegel moved to continue consideration of the Annual AB1600 Developer Impact Fee Report to the meeting of December 9, 1999. Motion was seconded by Mayor Pro-Tempore Ferguson and carried by unanimous vote. E. CONSIDERATION OF 2000/2001 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Ray Janes, Management Analyst II, referenced the subject staff report contained within the agenda packets. He noted that the action requested was simply to accept testimony and proposals for the year 2000/2001 CDBG year, the proposals would then be taken to the Outside Agency Funding Committee with subsequent recommendations brought back to Council on December 9. He said the final recommendations would be submitted to the County on January 14. Upon inquiry about the November 19 deadline, Mr. Janes responded that was the date applications were due to the City. He said he'd just received an application from the Desert AIDS Project, in addition to the one already received from the Foundation for the Retarded. Councilman Spiegel commented he knew College of the Desert would be submitting one, and he was surprised one had not been received from Shelter From the Storm. Mr. Janes said he'd spoken with that organization on the phone but hadn't yet received the proposal. He assured Council that they could be received all day tomorrow, and perhaps some would even be received Monday. Responding to question whether tomorrow's deadline was one imposed by the State, Mr. Janes said it was only the City's deadline, every city could set a different date; it was set so that the City would have ample consideration time, returning with recommendations to the Council on December 9, followed by timely submittal to the County by January 14. In further response, Mr. Janes said applications would not be automatically excluded if they weren't received by 5:00 p.m. tomorrow; applicants would be given some grace. Councilman Spiegel noted the Outside Agency Funding Committee was scheduled to meet on Monday, November 29. Therefore, if there were deserving recipients that had received 45 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * such funding in the past, he suggested staff contact those agencies to make sure they had opportunity to submit their requests. Mr. Janes explained that applications had been sent to all previous recipients from the past five or six years; he believed some 35-40 applications had been sent out. Mr. Wohlmuth added that often applications were received somewhat after the City's deadline, which was actually a guideline, noting that he'd spoken with the YMCA and some other past recipients. Further, he asked Councilmembers to keep in mind that it was the County Board of Supervisors that actually approved the applications, and they needed to have them in hand in early January for approval. Following that process, he said the City incorporated the approved applications into its FY 2000/2001 budget for July 1, 2000. He said applications would be received up until the Outside Agency Funding Committee meeting. Mr. Janes explained that of the $240,000 to be received by the City, 85% would go towards capital improvement projects, and 15 % for public service. He said as long as staff was even apprised of the amounts, it could write the report for the Outside Agency Committee. When questioned whether more thought had been given to the City taking over the program once it had reached a certain population base, Mr. Wohlmuth said that the County did receive an administrative fee for handling the program. He said staff had made the decision that since the City's information was based on the census, it would wait until after the 2000 Census where there would hopefully be a count enabling Palm Desert to be a designated City, meaning a population of 50,000 in the service area. He said with the numbers it had currently, the City couldn't meet that criteria, but it would following the next census. Upon inquiry, Mr. Wohlmuth said the City could certainly argue that Bermuda Dunes was within its service area currently, as was Del Webb's Sun City. He added that it would basically take the 2000 Census for the City to achieve the specified 50,000. In fact, he said the City had only entered into a short-term agreement with the County of Riverside, until 2001, so staff was prepared to take over the process once the numbers were in the City's favor. Mayor Crites declared the public hearing men and invited testimony regarding the 2000/2001 Community Development Block Grant Program. MR. STEVE BRUMMEL, President of the Liga Nacional de Consumidores, a non-profit organization located within the City of Palm Desert, serving low and moderate income Hispanics and other consumers throughout the Coachella Valley, including up into the Banning Pass. He noted he resided at 72-646 Bel Air Road, Palm Desert, and was pleased 46 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * to be a City resident. He recognized and thanked the City for the approach it had taken to what was called the "Charitable Contributions" effort of the City using CDBG funds. As a side note, he also expressed his appreciation to Councilman Kelly and the City for the display of flags on El Paseo; the display meant a great deal to him when he saw it on Veteran's Day, being a Vietnam Veteran himself, it was a nice tribute. He was particularly pleased to hear Councilmembers talk about particular non -profits in the community, feeling there weren't that many actually on the ground, in the neighborhoods every day helping the people; it was hard work. He said the City's support of those efforts was appreciated, and his organization would be making application. Councilmember Benson commented that since Mr. Brummel would be making an application, she emphasized to him the need to identify Palm Desert residents being served. She said that was a critical criteria to the Committee; it wasn't the organization's service to the Valley overall but the nexus to Palm Desert. MR. JOHN BROWN, Executive Director for the Desert AIDS Project, said he was also in attendance to express appreciation to the City for its past support through CDBG monies. He was proud to announce it was his organization which had delivered its application this evening, and they were very anxious to once again request that support. He explained theirs was a budget of $5.5 million, and the primary expense was for providing medical care to persons with AIDS/HIV in the Coachella Valley. His organization also felt it was very important to put a local face on AIDS for the leadership in the various communities that provided support. He reported that there were 48 Palm Desert residents who were full, active clients of the Desert AIDS Project, relying on the organization for their primary medical care and for support services such as food and housing. He related that 46 of those had an income below $30,000 per year; 24 had an income below $20,000 per year. He said 31 were below the age of 45, one client was under age 18. Nine of the Palm Desert clients were Hispanic, two were African - American, 44 were male, and four were female. He went on to say 14 of the Palm Desert clients were employed full time; seven were employed part time, and 22 were medically unable to work. He said 20 of the Palm Desert clients had identified caregivers available, and four were homeless; only 15 of the 48 people received public assistance. In addition to the 48 people identified here, as the primary provider to people living with AIDS in Riverside County and realizing their numbers represented only half of those people living with AIDS in the Coachella Valley, he said they could assume that there were another 48 people living in Palm Desert who had the means, private insurance, and the support to not necessarily need the services of Desert AIDS Project. He said there was another accepted method of determining those living with HIV in the community, and that was to take that number, now 96, and multiply it by 171 %, totaling 164 people in Palm Desert who were infected with HIV and were probably either unaware of it or weren't motivated to do anything about it. He said those people were reached through the organization's education and prevention services; this year Desert AIDS Project had participated in six health fairs in Palm Desert. He said presentations were made at Palm Desert and Palm Valley High 47 MINUTES ADJOURNED PALM DESERT CITY COUNCIL MEETING NOVEMBER 18, 1999 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Schools; the organization had worked with local Palm Desert pregnant teens and had distributed condoms and prevention material at adult oriented businesses in Palm Desert, such as Back Street Bar and other appropriate businesses. As proof that things were turning around, he was very proud to report that Desert AIDS Project had been providing a work re-entry program; many clients were feeling much better and were wanting to re- enter the workforce. He said one Palm Desert resident had been placed in employment at Macy's, and two other Palm Desert employers, Robinson's May and Norell Temporary Services, had also hired Desert AID Project clients. He offered to provide more statistics and any other information about Palm Desert residents to Councilmembers on a quarterly basis as part of their commitment to keeping the Council informed. He said Mr. Phil Sladick, recognized earlier in tonight's meeting, wanted Councilmembers to know that he was a Desert AIDS Project client. There being no further testimony offered, Mayor Crites declared the public hearing closed. No additional Council action was requested at this meeting. XVII. ADJOURNMENT Mayor Crites reminded Councilmembers that the Committee/Commission Application materials provided to them by the City Clerk's office needed to be reviewed so that interviews could be scheduled and appointments made prior to the end of the year. Upon a motion by Mayor Pro-Tempore Ferguson, second by Councilman Kelly, and unanimous vote of the City Council, Mayor Crites adjourned the meeting to Closed Session at 9:00 p.m. He reconvened the meeting at 9:45 p.m. and immediately adjourned with no action announced from Closed Session. SHEILA R. LLIGAN'TY CLERK CITY OF PALM DESE , CALIFORNIA BUFOA. CRITES, MAYOR 48