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HomeMy WebLinkAbout2000-04-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Acting Assistant City Manager Rachelle D. Klassen, Acting City Clerk Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, RDA Executive Director Gary Bitterman, Director of Building & Safety Phil Drell, Director of Community Development J. Luis Espinoza, Finance Operations Manager III. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 13, 2000, and the Special Joint Meeting of the City Council/Redevelopment Agency of April 13, 2000. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 47, 48, and 48PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY 04081 by David Luskin in the Amount of $500.00. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CLAIM AGAINST THE CITY (#4091 by Mercury Insurance/Janet Bellis in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Bakir Rizvanbegovic and Adam E. Slezak for Oceans, 72-286 Highway 111, Suites J3 & J4, Palm Desert. Rec: Receive and file. F. MINUTES of City Committee and Commission Meetings. 1. Golf Course Committee Meeting of March 13, 2000. 2. Housing Commission Meeting of March 8, 2000. 3. Library Promotion Committee Meeting of March 8, 2000. Rec: Receive and file. G. REQUEST FOR AUTHORIZATION to Extend Contracts for the 2000/01 El Paseo Art Exhibition. Rec: By Minute Motion, authorize extension of the following contracts for the subject exhibit in the amount of $1,000 each: 1) Contract No. C16381 with Learsi Gallery for Ilan Averbuch; 2) Contract No. C 163 91 with Michael Bigger; 3) Contract No. C16401 with Ken Bortolazzo; 4) Contract No. C 16411 with Hans Van de Bovenkamp; 5) Contract No. C16421 with Paul Chilkov; 6) Contract No. C 16431 with Coda Gallery for Laddie John Dill; 7) Contract No. C16441 with Coda Gallery for Phil Evans; 8) Contract No. C16451 with Jonas Gerard; 9) Contract No. C16461 with Brad Howe; 10) Contract No. C16471 with Jon Krawczyk; 11) Contract No. C16481 with Jeffery Laudenslager; 12) Contract No. C16491 with Frank Morbillo; 13) Contract No. C16501 with Bruce Niemi; 14) Contract No. C16511 with Gary Slater; 15) Contract No. C16521 with Michael Todd; 16) Contract No. C16531 with Robert Toll; 17) Contract No. C16541 with Colin Webster Watson. H. REOUEST FOR ACCEPTANCE of the Chihuly Sculpture at Desert Willow Clubhouse (Contract No. C15970). Rec: By Minute Motion: 1) Accept the subject work as installed; 2) approve disbursement of $20,000 from appropriated Art In Public Places funds for final payment, as per the subject contract for same. 44, 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR ACCEPTANCE of the Richard Marks Paintings at Desert Willow Clubhouse (Contract No. C16880). Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. J. REOUEST FOR APPROVAL of Valley -wide Signal Synchronization Agreement (Contract No. C 17650). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with the Coachella Valley Association of Governments (CVAG). K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Various Landscape Maintenance Contracts. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the following: 1) Consolidated Maintenance Area No. 1 (Contract No. C17660); 2) Consolidated Maintenance Area No. 2 (Contract No. C17670); 3) Consolidated Maintenance Area No. 3 (Contract No. C17680); 4) Consolidated Maintenance Area No. 4 (Contract No. C17690); 5) Consolidated Maintenance Area No. 7 (Contract No. C17700). L. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Crack Sealing on Various City Streets (Contract No. C17710). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. M. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C 15780 — Annual Curb, Gutter, and Cross Gutter Repair Program (Contreras Construction Company). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C16010 — Intersection Improvements at Country Club Drive and Monterey Avenue (Project No. 640-98) (Cooley Construction, 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. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * O. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C 16010-A — Resurfacing of the Intersection of Country Club Drive and Monterey Avenue (Project No. 640A) (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. P. REOUEST FOR APPROVAL of a Refund of El Paseo Assessment Fees for Business License No. 98-14483 (M. D. & Betty J. Cassatt/Epicurean & Garlic Shoppe, Applicants). Rec: By Minute Motion, approve of the subject refund in the amount of $170.62 from Fiscal Year 1998/99. Q. REOUEST FOR WAIVER ofFees for Washington Charter School's Ballet Folklorico Program in the Civic Center Amphitheater. Rec: By Minute Motion, approve the waiver of fees for the subject event to be held Sunday, May 7, 2000. R. REOUEST FOR WAIVER of Fees for Palm Desert High School's Year 2000 Music Awards Ceremony in the Civic Center Amphitheater. Rec: By Minute Motion, approve the waiver of fees for the subject event to be held Wednesday, May 31, 2000. S. REOUEST FOR APPROVAL of Out -of -State Travel for the Desert Horticulture Conference. Rec: By Minute Motion, approve the request for the City's Landscape Manager and Landscape Inspectors to attend the subject conference in Tucson, Arizona, on Friday, May 12, 2000 -- funds are available in Account No. 110-4300-413-3120. T. REOUEST FOR APPROVAL of Out -of -State Travel for the Sister Cities International Conference. Rec: By Minute Motion: 1) Approve of the request for the Chair, Vice Chair, and staff liaison of the Sister Cities Subcommittee to attend the subject Conference scheduled for June 28 - July 1, 2000, in Denver, Colorado, in an amount not to exceed $6,000; 2) appropriate said amount from the Unobligated General Fund to Account No. 110-4416-414-3126 for same. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * U. CONSIDERATION of Legislative Review Committee Recommendations on Various Pieces of Legislation. Rec: By Minute Motion, concur with the recommendation of the Legislative Review Committee at its April 18, 2000, meeting: 1) Take no action on SB 402 (Compulsory/Binding Arbitration for Police/Fire; 2) Oppose AB 2075 (On -Premises Advertising); 3) Take no position on AB 2754 (Stray Animals); 4) Take no position on AB 2102 (Animals). V. REQUEST FOR APPROVAL of Extension of the Agreement with South Coast Air Quality Management District for Renewable Hydrogen Transportation System for the City ofPalm Desert (Contract No. C10732). Rec: By Minute Motion, approve a three-month, no cost extension to the subject contract, changing the contract termination date to September 30, 2000. Councilman Spiegel requested that Item I be removed for separate discussion under Section VI, Consent Items Held Over, of the Agenda. Upon motion by Ferguson, second by Kelly, the remainder of the Consent Calendar was approved as presented by unanimous vote of the City Council. IV. CONSENT ITEMS HELD OVER I. REOUEST FOR ACCEPTANCE of the Richard Marks Paintings at Desert Willow Clubhouse (Contract No. C16880). Councilman Spiegel stated that he had not yet seen the painting of John Cook. Community Arts Manager Carolyn Miller unveiled the painting of John Cook and showed it to the Council and members of the audience. Councilman Spiegel asked whether Mr. Cook had signed off on the painting, and Ms. Miller responded that he had not. Councilmember Benson stated it was her understanding that Mr. Cook had seen the painting. Ms. Miller responded that Mr. Cook had seen a photograph of the painting. Councilman Spiegel moved to, by Minute Motion, accept the portrait of Arnold Palmer and continue the matter of acceptance of the John Cook portrait until a signed release is received from Mr. Cook. Motion was seconded by Mayor Pro-Tem Ferguson and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V. RESOLUTIONS None VI. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 939 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 15.04.160, BUILDING ADDRESS REQUIREMENTS, TO THE PALM DESERT MUNICIPAL CODE. Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 939. Motion was seconded by Spiegel and carried by unanimous vote. B. ORDINANCE NO. 940 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.28, SECTION 3.28.040, PERTAINING TO EXEMPTIONS RELATING TO THE TRANSIENT OCCUPANCY TAX. Mr. Diaz stated that no changes had been made since introduction of this ordinance. Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 940. Motion was seconded by Kelly and carried by unanimous vote. C. ORDINANCE NO. 941 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTERS 25.56, 25.64, 25.66, 25.70, 25.72, 25.84, AND 25.86 AS THEY RELATE TO THE APPEAL PROCESS (City of Palm Desert, Applicant). Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 941. Motion was seconded by Kelly and carried by unanimous vote. D. ORDINANCE NO. 942 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.70, ARCHITECTURAL COMMISSION GOALS/POLICIES/PROCEDURES (City ofPalm Desert, Applicant). Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 942. Motion was seconded by Kelly and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. ORDINANCE NO. 943 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.25.014, TO ALLOW AS A CONDITIONAL USE ANCILLARY COMMERCIAL USES ON O.P. (OFFICE PROFESSIONAL) ZONED SITES HAVING ALAND AREA OF TWO ACRES OR MORE (City of Palm Desert, Applicant). Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 943. Motion was seconded by Spiegel and carried by unanimous vote. F. ORDINANCE NO. 944 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND ISSUANCE OF APPROVALS FOR THE CONSTRUCTION AND DEVELOPMENT OF ACCESSORY BUILDINGS IN REAR YARDS IN RESIDENTIAL DISTRICTS AND DECLARING THE URGENCY THEREOF. Planning Manager Steve Smith noted the staff report in the packets. He circulated photographs taken of various structures in question. He said at the request of the Planning Commission, this matter was submitted to the Zoning Ordinance Review Committee. The Committee discussed the matter at length at its meeting of Wednesday, April 19, 2000, and determined it needed more time to study the issue. The Committee felt the problem had the potential to be a significant one, and it asked that staff present the Council with this urgency ordinance to establish a moratorium on these structures in rear yards. Mayor Pro-Tem Ferguson questioned the urgency and asked for an explanation of the harm being done by people with these structures in their rear yards. Mr. Smith stated that the urgency was because these approvals were being processed on a regular basis, and the concern was that these structures were in a required setback, they were too close to the property line and were too high and too large. Mr. Drell added that in the past these were typically small structures done by individual property owners, and now there is a tract developer processing them as a bonus room as part of a project. He said the concern was with the scale of these new structures, and until the Zoning Ordinance Review Committee could determine how this new product should be regulated, it felt no additional structures should be built. Mayor Pro-Tem Ferguson asked if this meant that the City has no ability under its current code to require that the setbacks be met and that the Architectural Review Commission has no input on the building masses and that these just exist at random. Mr. Drell responded that the City has a specific code that gives specific setbacks for accessory structures, and these structures are exceptions to rear setbacks. He said historically these small structures have not posed a problem because of their small size. Now there is a developer who is in essence pushing the edge of the envelope of what this accessory structure code allows and 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * „ms,, doing it as part of his tract design. This has created a problem that the City has not seen in the past. Councilman Kelly stated that these accessory buildings had different setbacks from the houses, and Mr. Drell responded that this was correct. Councilman Kelly stated that he wanted to be sure the City, by imposing the moratorium to gain control of these accessory structures, does not take away the opportunity for people to follow the intended use ofthe ordinance in putting some small buildings on their lot. Mr. Drell stated that this was one of the problems, and the Zoning Ordinance Review Committee was trying to determine where the line should be drawn between what is acceptable and what is not. Mr. Erwin stated that the ordinance itself does not make that distinction. He said it provides for a moratorium and, if passed by the Council, would only be effective for 45 days unless a public hearing is held within that time and the Council decides to extend either this ordinance or some modification of that ordinance. Councilman Kelly asked if there was any way to have a moratorium on these larger structures only and still leave the other smaller ones alone. Mr. Drell stated he felt the Zoning Ordinance Review Committee would be able to come back some time during the 45-day moratorium period with that distinction defined. Councilmember Benson stated that the Zoning Ordinance Review Committee wanted to leave room for people to put gazebos or what the ordinance intended to be put in their back yards. Councilman Spiegel asked if the developer was aware that the Council is looking at this matter at this time. Mr. Smith stated that the developer may have had contact with Mr. Alvarez of the Planning Department. Mayor Pro-Tem Ferguson asked whether the developer currently has an application pending before the City of Palm Desert. Mr. Smith responded that he had checked with the Building Director just before this meeting, and there were no applications currently pending. Mayor Pro-Tem Ferguson stated that from what he understood, it was not like the developer was pushing the limit. The developer is simply following our code, and we do not like the result, so we're seeking to suspend our code and any application so we can change the result. lowsia 11,40 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Drell stated that the developer was building larger structures than people had previously proposed under that code. Mayor Pro-Tem Ferguson stated that the City had previously allowed the expandable coverage on lots from 35% to over 50% as long as it had Architectural Review input and approval. He said he did not know how the City can let people put massive structures five feet from the property line and have no Architectural Review input on it. Mr. Smith stated that the Architectural Review Commission had viewed the structures and approved them. Mr. Drell added that the Architectural Review Commission does not make decisions contrary to specific code requirements, and the problem is setbacks. Councilman Spiegel stated he would not like to see a decision made without the developer being present to give his or her comments. Mayor Pro-Tem Ferguson asked if the Council could pass the moratorium to the next meeting and request that the developer attend that meeting, with the Council to decide at that time whether to continue it or not. Mr. Erwin agreed this could be done. Mayor Pro-Tem Ferguson stated he would like to hear from the developer as well Mayor Pro-Tem Ferguson moved to, by Minute Motion, pass the moratorium to the meeting of May 11, 2000, and invite the developer and affected property owners to come in and discuss a more permanent moratorium or what a better solution might be, with Zoning Ordinance Review Committee directed to revisit the issue prior to that meeting. Councilman Kelly said he agreed with Mayor Pro-Tem Ferguson. He said several months ago these accessory buildings were seen as something that improved the neighborhood. He said the Council was going to approve the building of a smaller house, provided it had these accessory buildings. Motion was seconded by Councilman Spiegel and carried by unanimous vote. VII. NEW BUSINESS A. PRESENTATION TO THE CITY COUNCIL BY THE SPIRITUAL ASSEMBLY OF THE BAHA'IS OF PALM DESERT. MR. STAN SHELTON introduced Ms. Patrice Henderson and said they were members of the Baha'is community in Palm Desert. He said this community felt the Council's work and that of everyone else could become much easier if everyone learned to get along with one another. He said one of the tenets of his faith was the oneness of mankind. He noted that the presentation being made today had also been made to Presidents from Reagan to Clinton and would be made to every major city council in the United States. Ms. Henderson read a short paragraph from the 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * race unity statement, and copies ofthe document entitled "A Vision of Race Unity" was presented to each of the Councilmembers. B. REOUEST FOR APPROVAL OF ACTIONS RELATIVE TO WASHINGTON. CHARTER SCHOOL PARKING AND PLAY AREA IMPROVEMENTS. Mr. Drell reviewed the staff report and offered to answer any questions. He noted that the agreement would include construction of parking along Lantana. Councilmember Benson asked who would be maintaining these improvements ifthe facility would be open during non -school hours. Mr. Drell responded that it would be managed by the Coachella Valley Recreation and Park District. Councilman Spiegel stated that this matter was before the Parks & Recreation Commission, which approved it unanimously with the recommendation that the area under the playground equipment be rubber surfacing. He stated in the City Park, there was a combination of rubber surfacing and sand. He said although Jeff Winklepleck was not at the meeting, it was his feeling that the rubber surfacing and sand were more than adequate. The difference in cost wold be approximately $50,000. He asked the Principal of Washington Charter School to comment on this. MR. ALAN LEHMANN expressed his thanks and appreciation to the City Council for all its efforts on behalf of Washington Charter School. He noted that the kindergarten playground was primarily rubber surfacing. With regard to the sand area, he said it tended to be rather windy in the area of the school, and the sand is blown all over the school and into the classrooms. This increased the cost as far as maintaining the interior facility of the school. He said they found the rubber surfacing of the kindergarten playground to be maintained in a very healthy fashion. In addition, the Parent Club Foundation had been raising monies in the last several years toward modernization of the playground. That money would be put into the kindergarten playground so that when the community comes to see the school, whether from Chicory or Lantana, they will see some similarities between the two playground areas. He said a shade structure would now go into the playground area as well as some updating of the kindergarten playground. Mayor Pro-Tem Ferguson asked if the objection to the rubber surfacing and sand combination primarily with the sand because it blows and gets into the classrooms. He asked whether it would be acceptable to Mr. Lehmann if another type of material is used that does not blow and does not spread around the schoolyard. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Lehmann agreed. Mayor Pro-Tem Ferguson stated that Item C of the staff report requested $181,035.22 for the park. He asked if Item D was an additional $22,277 for a shade structure, for a total of approximately $203,000, and if the surfacing was included. Mr. Drell agreed. Upon question by Mayor Pro-Tem Ferguson as to what Fibark is, Mr. Drell responded that it was his understanding Fibark is a wood chip product. Mayor Pro-Tem Ferguson asked if it would blow like sand, and Mr. Drell responded that while it did not blow, it does get out of the enclosure. He added that one disadvantage is that it is not as much fun for the children as sand because they would not be able to dig in it. Councilman Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to execute an agreement with Desert Sands Unified School District for the joint use of Washington Charter School (Contract No. C177201; 2) authorize the City Clerk to advertise and solicit bids for the Washington Charter School Parking and Play Area Improvements (Contract No. C177301; 3) approve the purchase and installation of playground equipment, including upgraded surfacing as recommended by the Parks & Recreation Commission, from Pacific Design Concepts, Moreno Valley, California, (sole source) in the amount of $181,035.22 and appropriate same from Parks and Recreation Fund No. 233; 4) approve the purchase and installation of related playground shade structures from Shade Structures, Irvine, California, (sole source) in the amount of $22,277 and appropriate same from Parks and Recreation Fund No. 233. Motion was seconded by Benson. Mayor Crites asked if provisions were still being made for the disassembling of the old equipment rather than hauling it off to the dump. Mr. Drell stated he was unaware of that issue but was sure it could be done. Mr. Erwin stated as a matter of clarification, the agreement should be approved substantially as to form since there are changes that still need to be made to it. Mayor Crites called for the vote, and the motion carried by a 4-1 vote, with Mayor Pro-Tem Ferguson voting NO. C. CONSIDERATION OF AN APPEAL OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, APPROVING REVISIONS TO THE SIGN PROGRAM AT THE WESTFIELD SHOPPINGTOWN PALM DESERT Case No. SA 00-28 (Architectural Design/Sign for Westfield Shoppingtown, Applicant). Mayor Crites noted that a request was received to continue this matter to the meeting of May 11, 2000. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Diaz stated there was a question as to whether this was the recommendation of the Architectural Review Commission, and Mr. Drell had indicated it was not. He said since a request was received to continue the matter, the Council may wish to do so. Mr. Drell stated that there was some confusion with the letter from the applicant. He said he did not think the applicant was necessarily proposing to withdraw the appeal, since he did not have the ability to do so, but he was considering withdrawing the entire application. Staff would be meeting with the applicant the following day to discuss this sign and determine whether the applicant wishes to wait on the application until they come up with a final solution. Mayor Pro-Tem Ferguson stated he had asked for the appeal for two reasons: 1) It passed Architectural Review Commission on a 4-3 vote, and he therefore felt it merited independent review by the City Council; 2) Councilman Spiegel had been working with the Westfield people, and it was his understanding that changes had been made. Because the applicant was not present at this meeting, he asked Councilman Spiegel to update the Council on what is happening with the sign. Councilman Spiegel stated there was an Option B that he had sent to each of the Councilmembers to review, and it was his understanding this was what everyone had agreed to. He subsequently found out that Westfield did not agree with the sign. He added that at this point, he did not know the status. He said he had not personally talked to Westfield representatives and planned to do so the following morning to see where they stand. He said he felt Option B was fine. He said they would go with the way "Westfield" is written since that is their logo; in addition, they would go with the red and black because those are the logo colors. He said he felt one of the Option B signs looked considerably better than what is there now with Marie Callender's and Cinema 10, etc. That sign would be replaced by the sign that says "Westfield Shoppingtown Palm Desert." He said he liked the existing "Palm Desert Town Center" sign because it is natural cement; however, he would be happy to go with Option B. Mayor Pro-Tem Ferguson stated that each of the Councilmembers has his or her own area where they work carefully with special groups and interests. He said he knew Councilman Spiegel had been working with Westfield, and he did not want to do anything without consulting Councilman Spiegel. He said he was not in favor of their signage, which is why he appealed the matter. He added that he did not know anything about Councilman Spiegel's conversations with them, nor was he aware that Councilman Spiegel was running any ideas by him. He said if Westfield was now unhappy and was requesting a continuance, he would be in favor of granting a continuance. Councilman Spiegel suggested waiting until the next meeting. Councilman Spiegel moved to continue this matter to the meeting of May 11, 2000. Motion was seconded by Ferguson and carried by unanimous vote. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. CONTINUED BUSINESS A. CONSIDERATION OF MASONRY WALL FOR FRED WARING DRIVE WELL SITE ENCLOSURE (Continued from the meetings of January 27, February 24, and March 23, 2000). Special Projects Administrator Pat Conlon stated that staff had been trying to come up with a mural for some artwork for this wall and would like to begin construction of the masonry wall around the well site. He said the art would be processed through the Art In Public Places Commission. Councilman Spiegel asked if this would have to be torn down once Fred Waring is widened, and Mr. Conlon responded that the piece that fronts on Fred Waring would have to be removed and then rebuilt. Staff planned to remove and save the artwork and then reinstall it at a later date. Mayor Crites asked how much money would be spent on the part of the wall that will then be torn down when Fred Waring is widened. Mr. Conlon responded that it would be approximately $2,500 to $3,000. Councilman Spiegel moved to, by Minute Motion, approve the following for the construction of a tan, slump block masonry wall and gates at the subject location: 1) Contract No. C17490-A with John Barajas Masonry, Bermuda Dunes, California, in the amount of $9,600 plus an approximate four percent (4%) contingency for the project in the amount of $400 -- total not to exceed $10,000; 2) approve Contract No. C17490-B with Palm Springs Welding, Inc., Palm Springs, California, in the amount of $4,550 plus a ten percent (10%) contingency in the amount of $455 -- total not to exceed $5,005; 3) appropriation of funds in the amount of $15,005 from the Unobligated Construction Tax Fund Account No. 231-4650-454-4001. Motion was seconded by Benson and carried by unanimous vote. IX. OLD BUSINESS A. REOUEST FOR APPROVAL OF ACTIONS RELATIVE TO CONSTRUCTION AND FURNISHING OF THE PALM DESERT COUNTRY CLUB NEIGHBORHOOD PARK. Mr. Drell reviewed the staff report and recommendations. He added that staff hoped to have the park completed over the summer and open in September. Mayor Pro-Tem Ferguson stated that the Council had just approved a play structure for Washington Charter School for $473,000 and some improvements along Lantana plus some other improvements. Here it appears that for very little more money, an entire park is being built for the northeast part of the City. Councilman Spiegel stated that the entire playground was being redone for the kindergarten part closest to Portola. This would include a sprinkler system, turf, shade structure, parking, etc. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson asked how many acres would be in this park, and Mr. Drell responded that it would be approximately two and a half acres. Councilman Spiegel added that this had been approved not only by the Parks & Recreation Commission but also by Area 4 Committee, and both groups approved it unanimously. Councilman Kelly moved to, by Minute Motion: 1) Award Contract No. C16100 to James E. Simon Company, Indio, California, in the amount of $621,296 for the construction ofthe Palm Desert Country Club Neighborhood Park (Project No. 684-99) and authorize a ten percent (10%) contingency for the project in the amount of $62,129.60 -- funds are available in Parks and Recreation Fund No. 430; 2) authorize the Mayor to execute the aforementioned agreement with James E. Simon Company; 3) authorize an amount not to exceed $30,000 for utility fees, construction staking, and other similarly related project costs and appropriate same from Parks and Recreation Fund No. 430; 4) authorize the purchase and installation of related playground equipment from Continental Leisure Sales, Irvine, California, in the amount of $50,000 and appropriate same from Parks and Recreation Fund No. 430; 5) authorize the purchase and installation of related shade structures from Shade Structures, Irvine, California, in the amount of $19,126 and appropriate same amount from Parks and Recreation Fund No. 430. Motion was seconded by Spiegel and carried by unanimous vote. X. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Mayor Crites noted the staff report in the packets indicating there were no announcements for openings or closings since the April 13, 2000, meeting. B. CITY MANAGER None C. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time for items listed on the Agenda. He noted one correction to Item 7 on the City Council Agenda and stated that the street address of the property should be 44-574 Portola Avenue. 1) Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Should be 44-574 Portola 1) Property: 100' acres - West of Palm Valley Channel - South of Painters Path - Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: G. George Fox Under Negotiation: x Price x Terms of Payment 2) Property: APN 628-030-001 - Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: Glenn H. Engstrom Under Negotiation: x Price x Terms of Payment 3) Property: APN 628-030-002; APN 628-030-003 Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: Delmar Woods Under Negotiation: x Price x Terms of Payment 4) Property: APN 628-030-004 - Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: George Elkins Company/George Berkey Associates Under Negotiation: x Price x Terms of Payment 5) Property: APN 628-030-005 - Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: Everett L./Patricia L. Aplet Under Negotiation: x Price x Terms of Payment 6) Property: APN 628-030-006 - Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: Roger T. Kirkpatrick Under Negotiation: x Price x Terms of Payment 7) Property: 44-575 Portola Avenue (APN 625-062-002), Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Palm Desert Redevelopment Agency Property Owner: Richard J./Louise Krause Trustee Krause Living Trust Under Negotiation: x Price x Terms of Payment 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. J. M. Madera, LLC (Caesar's Emperor), Riverside County Superior Court Case No. INC 012724 b) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager 2) Report and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK Ms. Klassen stated that the following item had come up after the Agenda was posted and needed to have Council action at this time: 1. Reauest for Approval of Out -of -State Travel for the Traffic Engineering Technician to Attend a Training Course in Phoenix, Arizona. Councilman Kelly moved to add this item to the Agenda. Motion was seconded by Spiegel and carried by unanimous vote. Councilman Spiegel moved to, by Minute Motion, approve the out-of-state travel request for the Traffic Engineering Technician to attend a training course in Phoenix, Arizona. Motion was seconded by Kelly and carried by unanimous vote. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Consideration of Membership Renewal in the Southern California Water Committee, Inc. (Mayor Buford A. Crites). Mayor Crites stated that Tom Levy, Executive Director of the Coachella Valley Water District, had called him and requested that the Council approve this request and continue its membership in the Southern California Water Committee, Inc. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, approve the City' s membership renewal in the Southern California Water Committee, Inc. at a cost of $750.00 for 12 months. Motion was seconded by Kelly and carried by unanimous vote. o City Council Committee Revorts: 1. Councilman Kelly stated that at the last meeting, he had brought up an item relative to moving in a different direction with the Leadbetter Academy at the west end of the golf course. He said they had met with Kemper and the Parks & Recreation Commission, and a program will be put together which will start in June and will have four junior golf camps and another program that would bring small children (4-12 years of age) out, give them a set of clubs their own size, and start them out playing golf. He said there was also a proposal for a senior program during the months of July through September where senior clinics, golf academies, and tournaments would be held. He noted there was a budget of approximately $19,000 to make this happen, although it had not yet been determined whether it would come from Kemper, Parks & Recreation, or the City. He said his recommendation was that the program move ahead, and the details of who will come up with the $19,000 can be worked out as the program proceeded. He said if Council had no problem with his report, he would go ahead as he indicated. Council concurred. MR. GREGGLINDQUIST, Desert Willow GolfResort General Manager, stated he felt this was headed in the right direction, and this was a good long-term outreach program that he felt should be continued. Councilman Kelly added that there are similar programs being done in Chicago and New Orleans. 2. Councilmember Benson stated that she had attended the Regional Access Program open house with all the agencies they assist in the Valley. She said she was impressed with the good that the money does, and there were over 67 different organizations in the Valley that this program helped, with anywhere from $500 up donated to the organizations. She added that the program was well - managed. 3. Councilmember Benson stated she had attended a cultural arts half -day session in Palm Springs where Community Arts Manager Carolyn Miller gave a presentation and did a great job for the City of Palm Desert. She said the City had received a lot of accolades for its art program, and they approved the formation of an arts alliance committee for the Valley cities. This will help everyone to coordinate their programs and perhaps have a one-year festival showing what every city is doing. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Councilman Spiegel stated that Wednesday, May 3, 2000, at 7:00 a.m., a subcommittee of the Parks & Recreation Commission would be meeting with the Mayor at the Homme property to begin looking at what needs to be done there. He said there had also been a request from the Presbyterian Church that they send a member. He added that Peter Sturgeon would also be joining this meeting as well as a member of the Episcopal Church and Ms. Lisa Johnson. Mayor Crites asked that the Indian Creek Homeowners Association be contacted to see if they wish to have one of their representatives join in this meeting as well. Mr. Diaz responded that this would be done. Mayor Crites stated that any neighboring property owners should be included in order to include their comments. 5. Councilman Spiegel stated that a meeting of the High School Facilities Needs Analysis Committee had been held the previous evening, and one of the things that had been discussed since its inception was the ability to get into and out of the school from Cook Street. He said they were advised at the meeting that there was an original CEQA document for the school which required that Phyllis Jackson be the only ingress/egress point. He said he was not aware of that, and if it is the case, perhaps the City needs to work with the homeowners in the area. He said the homeowners had come up with some new ideas to bring the buses in and not even involve those houses, and this would take a lot of the traffic off of Phyllis Jackson. He said he would like to sit down with the City Manager and appropriate staff to come up with things the City can do to help that process. Mr. Diaz stated that it was not a CEQA document, it was a settlement agreement, and staff would look into this. 6. Mayor Crites recognized "Take Your Daughter to Work Day" participants. 7. Mayor Crites reported on the CVAG Executive Committee and stated that there would be a piece of legislation introduced by Mary Bono regarding settling the tribal land issues for the Torres Martinez tribe. He said representatives of this tribe were at CVAG's Executive Committee meeting, as were representatives of the Cabazon tribe. He said there was a request going to Ms. Bono's office for a public meeting in which the various cities can hear what the legislation has. He said as proposed, and according to the Torres Martinez tribal chair, there is a line that is about where the Cabazon casino is, and any lands to the west of that land there is the possibility of purchasing up to 640 acres west of that to align to Bob Hope Drive. He said such purchases would require the non -objection of the local government and would still remain under land -use regulations by that body should such land be purchased. He said those were concerns that he and Councilman Kelly had in looking at this legislation. He added that the various cities and water 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * agencies would be able to attend a meeting and actually see the legislation as it is to be introduced. Councilman Kelly suggested that the City Attorney look at the legislation to make sure those regulations are included. Mayor Crites stated that this could be done once it is available for review. 8. Mayor Crites stated that CVAG' s Energy & Environment Committee had met and discussed a matter brought to it by the City of Blythe. He said in the Colorado River there was a new plant called "Giant Salvinia" that covers approximately one acre of water per week in ponds. He said its favorite target is warm, slow, or non-moving water and it is a perfect golf course pond eater. He said he would be passing out copies of information relative to this plant and stated that it had already been found in a number of communities. He said it had been in the lower Colorado River for about a year, and the cleanup costs were approximately $80 million. Councilman Spiegel stated that since there are 31 golf courses in the City of Palm Desert, it might be a good idea to get this information to each of them. With Council concurrence, Mayor Crites adjourned the meeting at 5:00 p.m. for dinner and Closed Session. He reconvened the meeting at 7:00 p.m. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None With City Council concurrence, Mayor Crites suspended the agenda at this point in order to recognize two items of Oral Communication: MS. ELIZABETH LINDSTROM, 73-520 Woodward Drive, Palm Desert, thanked the City Council, Mr. Diaz, and Mr. Conlon for their assistance in addressing a problem the homeowners in the Kaufmann & Broad development were having with the Marriott Shadow Ridge Resort construction project. She said on April 14, the day after the last Council meeting, Mr. Diaz and Mr. Conlon had come to her home to investigate the problem. Within two hours, there was heavy equipment, soil cement, and water on the site to relieve some of the problems with the blowing sand. She said there was now a block wall between the Marriott and the City's property, and there were two chain link fences up around the City's property. She received correspondence on April 19 from the Marriott Corporation stating what they planned to do as far as helping to control the blowing sand. She said she received a telephone call from Linda Russell on April 24 stating she would like to come out to handle a personal claim of personal property. She indicated she was leaving town, and Ms. Russell did follow up with a letter on April 26. She expressed concern with the blowing sand by the children's bus stop at Drexel and Heatherwood and stated that the sand is blowing into their eyes. She said she received a call on April 27 indicating that 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * for personal injury, residents should call the Marriott Corporation; however, in calling the local Marriott, she was given an 800 number and when she called that number, she was referred back to the local Marriott. Since the Marriott Corporation would not meet with residents because they ' felt it would be anti -productive, she was asking that a letter be prepared by the Marriott Corporation indicating the correct procedure for everyone to follow. She said she understood personal injury was separate from property, and the residents needed to know who to contact and how they should file the claims. MS. JANA KOROCZYNSKY, 73-570 Woodward Drive, Palm Desert, expressed appreciation to Mr. Diaz and also to the Mayor for the follow-up call. She stated that at the time of the Mayor's call, it was felt some progress was being made with the Marriott; however, at this point in time, the residents felt they were getting the run-around and intentionally being put into a state of confusion. She expressed the same concerns as described by Ms. Lindstrom. She said the residents did not have a formal homeowners association, and when they want to meet, they do so in the streets because they have to place to meet. This is very uncomfortable for everyone, especially with the blowing sand. She indicated that earlier that day, Ms. Alisa Harris, the Marriott Appraiser/Coordinator, said "Do you think we (the Marriott) are responsible for all the sand in the desert?" She said Ms. Harris was argumentative and avoided the issues, yet this is the person the residents are supposed to be talking to, and she is also the person who was supposed to send all the residents a letter regarding the procedures for filing claims. She said it was also her understanding that Mr. Diaz indicated that the City would give the Marriott the names and addresses of the residents in the tract so they could be contacted. Mr. Diaz responded that when he spoke to the Marriott, they were going to send everyone in the Kaufmann & Broad development and in the Palm Desert Greens development a letter. Since it was obvious a letter had not been sent, he said he would be contacting the Marriott again. MS. KOROCZYNSKY stated that when she had not received a letter by Monday, she called the Marriott people on Tuesday and had her name put on a list of people with claims. An adjuster did call later that afternoon, but they were not contacting everyone. Mayor Crites stated that there were meeting rooms available both at City Hall and at Desert Willow Clubhouse that could be used for community groups. He asked that the City Manager work with the residents to find a common meeting place and then work with the residents to invite appropriate representatives from the Marriott Corporation to attend and interact. MS. KOROCZYNSKY stated that the residents had requested a meeting with representatives of the Marriott Corporation and suggested perhaps the Marriott's Desert Springs or a nearby Marriott property. Mr. Diaz stated that staff would work with the residents and the Marriott Corporation and get everyone together. He added that Joe Gaugush, Gary Bitterman, and Hart Ponder had also helped to get the sand issue somewhat alleviated. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE ROBERT PAUL FORMS SERVICE TO THE CITY OF PALM DESERT AND ITS CIVIC ARTS COMMITTEE. On behalf of the City Council, Mayor Crites presented an award to Mr. Robert Paul for his service to the City of Palm Desert and the Civic Arts Committee. He thanked Mr. Paul for his time and for his generosity to the City of Palm Desert. B. PRESENTATION OF PROCLAMATION DECLARING MAY, 2000, AS "NATIONAL MENTAL HEALTH MONTH 2000" IN THE CITY OF PALM DESERT. Mayor Crites read the proclamation and presented it to Linda Ward, member of the Riverside County Mental Health Board. XIII. PUBLIC HEARINGS A. CONSIDERATION OF CONFERENCE HOTEL DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND THE DESERT WILLOW CONFERENCE CENTER PARTNERSHIP (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY) (Continued from the meeting of March 23, 2000). Mayor/Chairman Crites stated that it was the intent of the Council/RDA Board to receive public testimony and then continue this matter to the first meeting in May, at which time both the conference center site located to the northeast of the clubhouse and the hotel site located to the southwest of the clubhouse will both be available. He noted that the hotel, which had been proposed as a seven -story hotel, was now proposed as a five -story hotel. In addition, the developer was looking at ways to adjust the pad height of the two-story project to the northeast of the existing Desert Willow Clubhouse. He noted the public hearing was still open, and he invited testimony in FAVOR of or OPPOSED to this request. MS. PAT MITCHELL, Chairman of the SOS Committee representing the Montecito homeowners, asked whether the environmental impact report had been redone or revised and whether there was discussion of this at the last meeting. Mr. Ortega responded that the environmental impact report that considered these projects was done approximately five or six years ago. He said the descriptions of these projects were within what was allowed in the environmental impact report. He noted that the proposed recommended action did not approve any plans, and those plans would go through the Planning Commission for determination of whether they are within the environmental impact report. He added that this would not take place for at least two or three months from this time. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ms. Mitchell stated that when in looking at the environmental impact report, it did not really address concerns of the adjoining neighborhood with regard to privacy, views, etc. She asked whether this would be looked at again. Mr. Ortega stated that when the projects come before the Planning Commission, all those issues will be addressed. Mayor/Chairman Crites added that whatever is proposed for either of those two sites has to go to the Planning Commission for approval or denial and then to the City Council for that same process. Ms. Mitchell asked when the homeowners' concerns would be addressed relative to landscaping, night lighting, etc. Mr. Drell responded that this would be done when the City actually receives the application for the project, and City staff would be in contact with the homeowners to review that application and plans. With no further testimony offered, Councilman/Member Spiegel moved to continue this matter to the meeting of May 11, 2000. Motion was seconded by Benson. Mayor Pro-Tem/Vice Chairman Ferguson stated that from his point of view, one of the reasons for the continuance of this matter was to allow the Marriott Hotel representatives the opportunity to view the entirety of the package, both the rating of the hotel, whether it fits within or without ..,0 the Marriott's competitive set, the dollars that are being proposed for investment on the resort side as well as the convention side and taking a look at the deal points and then being able to comment on them, much like the Marriott representatives did when the City was only looking at one piece of the overall scheme of things. He said he was told during the dinner session that the May 11, 2000, packet was advertised and was available, and he would like the Marriott representatives to pick up a copy so they can submit their comments on May 11, 2000. Mayor/Chairman Crites stated that the City Council/RDA Board's business was to try to make sure that whatever is proposed for that area fits within the environmental impact report and the things that were done when the Desert Willow Resort was originally proposed. He said that would be in terms of setbacks, height, density, etc. Mayor/Chairman Crites called for the vote, and the motion carried by unanimous vote. Mayor/Chairman Crites stated that when this comes back to the Council/Agency Board on May 11, 2000, it will not be to approve buildings, heights, etc., but would be to approve an agreement relative to the financial aspects of the project. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT, AND PREZONING TO FACILITATE FUTURE ANNEXATION TO THE CITY OF PALM DESERT OF 156.01 ACRES LOCATED IN THE EAST HALF OF SECTION 5, T6S R6E (THE AREA SOUTH OF IRONWOOD COUNTRY CLUB); SAID PROPERTY TO BE DESIGNATED VERY LOW DENSITY RESIDENTIAL (1-3 DWELLING UNITS PER ACRE) AND OPEN SPACE (O.S.) IN THE GENERAL PLAN AND PREZONED PR-1 (PLANNED RESIDENTIAL, ONE UNIT PER ACRE MAXIMUM) AND OPEN SPACE (O.S.) Case Nos. GPA 00-1 and C/Z 00-2 (Members of Ironwood, Inc. and SR Consultants, Inc., Applicants) (Continued from the meeting of March 23, 2000). Mayor Crites noted that stairs recommendation was to continue this matter. He noted that the public hearing was still open and invited testimony in FAVOR of or OPPOSED to this request. With no testimony offered, Mayor Pro-Tem Ferguson moved to, by Minute Motion, continue Case Nos. GPA 00-1 and C/Z 00-2 indefinitely to allow Applicant to submit and staff to process through Planning Commission Tentative Tract Map for said development. Motion was seconded by Kelly and carried by unanimous vote. C. REOUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO CONSTRUCT A 200,000 SQUARE FOOT SPORTS COMPLEX (AND HEIGHT EXCEPTION) WITH MISCELLANEOUS PADS ON 21 ACRES; PROPERTY IS ZONED PLANNED COMMUNITY DEVELOPMENT (PCD) AND IS LOCATED AT THE NORTHEAST CORNER OF COOK STREET AND GERALD FORD DRIVE Case No. PP 00-03 (Landmark Sports and Entertainment, Inc., Applicant) (Continued from the meeting of April 13, 2000). Mr. Drell stated there were questions at the last meeting regarding more descriptive illustrations of how the project will be sited on the property. He said there were also requests for additional exhibits and some demonstrations illustrating the relative height of the building to the overpass structures. He noted that those various exhibits had been prepared, and Council had also had an opportunity to go out to the site and make some observations. He stated that the applicant was available to answer any questions. Mayor Pro-Tem Ferguson stated from the last meeting, it was apparent that the Council was divided 3-2 on this particular proposal. He said Councilman Kelly had some points last time that he wanted to have an opportunity to look at with regard to the overpass and the physical situation of the building. He said he and Councilman Kelly met with the developer and went out to the site so he could look at various things. He had also asked the developer for elevations of what the building what look like in relationship to both the overpass and from the proposed California State University San Bernardino expansion campus. He said he and Councilmember Benson had spent a good period of time doing a master plan out there for the freeway overlay zone, and he had a chance to pull that up and look at it as well. He added that he felt Councilman Kelly was right and that this is nestled up against an overpass. Depending on the landscaping plans that are submitted and approved, there is a lot that can be done to improve not only the site but the 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * overpass too. He said he was convinced that whatever one thinks of the architecture, it will be sufficiently nestled back against the railroad tracks and the overpass that it can only complement what is out there, which is mesquite, tamarisk, and blow sand. He noted pictures in the packet that he had asked be done which showed how little of this project will be seen. Based on that, he said he personally felt this is a worthy project. Councilmember Benson stated that in visiting the site, the elevation was still above the off -ramp, and it appeared on the lower half of the lot that the building could still be lowered some at that end. Mayor Crites noted that the public hearing was still open, and he invited the applicant to respond to Councilmember Benson's question. MR. BOB MCLENDON, Landmark Sports, stated that the way the building is currently designed, it would be difficult to drop that end any further than it is dropped right now— that is the basketball area. He said they could potentially look at some grading issues on the back side of the building, but the way the floor area is transitioned is one continuous elevation all the way through. Mayor Crites stated that it looked right now as though there are two very distinct elevations. MR. MC LENDON went to the display drawing and demonstrated where the Councilmembers had been standing, at the high point of the project. He said lowering any more would block the entrances at each end of the building— specifically designed for tractor -trailer activity for the various events to be hosted at the venue. In response to question, Mr. McLendon stated the bottom grade of the building was 16 feet below where the Councilmembers had been standing. Mayor Pro-Tem Ferguson stated that the top of the building was about nine feet above the top of the overpass, and he asked if there was any way to lower it to even with or lower than the overpass. MR. MCLENDON didn't feel the building could be re -engineered to be any lower without a substantial amount of redesigning. With regard to landscape plans, Mr. Drell stated that discussions had been held about landscaping along the top of the overpass. He said Council had not seen the final landscape plans. MR. MCLENDON stated that he had agreed to have the landscape plans reviewed throughout the approval process. Mr. Drell added that with the landscaping, it was hard to tell until seeing the building where additional landscaping should be placed, and landscaping could be further adjusted throughout the development process. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites asked whether that was included in the conditions of approval, and Mr. Drell responded that it was not. He said it could be added. MR. DAVID TURNER of CV Engineers agreed that they had offered to have the Council review the landscaping during the development process. He said the issue with the slope of the embankment was Cal Trans, and they would need some assistance from the City to make it look better. Mayor Crites asked how the condition would be worded, and Mr. Drell responded that it would read that "Landscape plans shall be reviewed throughout the development process to determine the appropriate plantings to maximize screening of the building." Councilmember Benson stated that she still did not understand when it is so much lower on the one side, why it has to come up that much higher on the other side when the lot looks like it could be graded off Mayor Pro-Tem Ferguson stated that they had also discussed the effect that if the building is lowered too much, you will be staring down at roof mounted air conditioning equipment and other accessory uses on top of the roof. Mr. Drell stated that in looking at the building from the top of the interchange, it appears to be a one-story building, and that is the height that it extends above. Councilmember Benson asked whether all of the things on the roof of the building will be screened so that one is not looking down on the top of the building. She also asked if the developer was willing to change the color of the roof. MR. MCLENDON responded that the equipment would be screened. With regard to the roof color, he said they would look into this. Councilman Kelly stated that he liked the color of the roof, and he was concerned that the Council not make a change on the basis of only one Councilmember's opinion. Mayor Pro-Tem Ferguson stated that it was his understanding from what the developer indicated last time that they did not care what color the roof was. MR. TURNER stated that when this went through Architectural Review, the Commission wanted the tan to be replaced by the green color. Mayor Pro-Tem Ferguson stated he had one more clarification. He said this would approve an ice rink and sports complex, but the approval would not commit the City to three-story office professional buildings or a certain number of rooms for a hotel or a drive -through that has to appear here on a pad. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Drell responded that each one would come back for its own precise plan. He added that the site plan provides for a basic circulation system and parking field for the ice rink. He said to a certain degree, the other pads were pretty much determined, although the specific uses were not being approved on them at this time. Mayor Pro-Tem Ferguson asked if the Council was approving a road structure, an entryway, an exit, and parking field for the ice rink, and Mr. Drell responded that this was correct. MR. TURNER stated that one thing brought up last time on the entrance drive was a request to develop that 52 feet under the direction and acceptance of the City Engineering Department. Mayor Pro-Tem Ferguson stated that he wanted to reserve the Council's right to object to a three-story office building in the future. He said if that was understood, he would not have a problem with the balance of the site plan. Mayor Crites invited testimony from the audience. MS. CATHY MAJID, 79-505 Mandeville Road, Bermuda Dunes, expressed her appreciation to the Council for the time it is putting into this project. She said she was President of Hockey and understood how much time the process takes. She added that they had signed an agreement with Riverside and had approximately 20 teams that would be skating out of Riverside. That meant the local teams are leaving the desert. If the Coachella Valley gets a nice rink, it will be possible to develop in-house programs, high school programs, learn to skate programs, etc., and this will bring people here to the Valley. She offered her assistance in any way possible. With no further testimony offered, Mayor Crites declared the public hearing closed. Councilmember Benson asked if the Council wished to vote on the color of the roof prior to voting on the entire project. Mayor Pro-Tem Ferguson moved to, by Minute Motion, approve the Architectural Review Commission's recommendation for the patina green/teal roof color. Motion was seconded by Kelly and carried by a 3-2 vote, with Councilmember Benson and Mayor Crites voting NO. Mayor Pro-Tem Ferguson moved to waive further reading and adopt Resolution No. 00-49, approving Case No. PP 00-03 and the project as presented with additional Department of Community Development Condition that "Landscape plans shall be reviewed throughout the development process to determine the appropriate plantings to maximize screening of the building." Motion was seconded by Spiegel, noting that he felt this would be a great addition to the City of Palm Desert. Councilman Spiegel stated that he felt this would take a monkey off the Council's backs because the Mall will eventually be remodeled, and the ice skating rink will eventually go away. He expressed appreciation to the developer for coming forward and putting this project together. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated that Palm Desert had always been very successful in providing recreation by allowing the free enterprise system and volunteer system to operate so that the City does not have to do it all. He said the City assists and coordinates them all, and he felt this made Palm Desert's recreation program very successful. He added that he felt this project would be an integral part of the program. Mayor Pro-Tem Ferguson thanked the applicant for taking the extra couple of weeks in this approval process. Mayor Crites called for the vote, and the motion carried by unanimous vote of the Council. Councilman Spiegel asked the applicant how long it would be before people could actually skate at this facility. MR. MCLENDON stated that it was hoped it could be done by July or August of next year. XIV. ORAL COMMUNICATIONS None XV. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting at 7:46 p.m. to Closed Session. He reconvened the meeting at 9:15 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: BUFORD A. CRITES, MAYOR RACHELLE D. KLASSEN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 27