HomeMy WebLinkAbout2000-08-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 24, 2000
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I. CALL TO ORDER
Mayor Crites convened the meeting at 4:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Richard S. Kelly
Councilman Robert A. Spiegel
Chairman Buford A. Crites
Excused Absence:
Mayor Pro-Tem Jim Ferguson
Also Present:
Carlos L. Ortega, City Manager and RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, Assistant City Manager
Richard J. Folkers, ACM/Director of Public Works and Acting Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Carolyn J. Miller, Community Arts Manager
Teresa LaRocca, Housing Manager
Noreen Bouchard, Records Technician
III. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings ofJuly 13, July 27, and August 10, 2000, and
the Adjourned Joint Meetings of the City Council/Redevelopment Agency of July 31, August 2,
August 4, and August 7, 2000.
Minutes ofJuly 13, 2000, 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.
Remainder of the Minutes approved as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY, - Warrant Nos. 10, 11, 12,13,
14, 15, 16, 17, 19, 11PD Office Complex, 12PD Office Complex, 17PD Office Complex, and
18PD Office Complex.
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2000
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C. CITY'S PORTFOLIO MANAGEMENT SUMMARY for the Month Ending June 30, 2000.
Rec: Receive and file.
D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by RST4 Tenant, LLC, at
74-895 Frank Sinatra Drive, Palm Desert.
Rec: Receive and file.
D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cyrus Amir Faridi at
73-725 El Paseo, Suite 22 ABC, Palm Desert.
Rec: Receive and file.
D-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pickles Delicatessen, LLC, for
Pickles Delicatessen, 73-161 Country Club Drive, Suite D, Palm Desert.
Rec: Receive and file.
E. MINUTES of City Committees and Commissions.
1. Golf Course Committee Meetings of May 15, and June 16, 2000.
2. Housing Commission Meeting of June 14, 2000.
3. Investment and Finance Committee Meeting of June 21, 2000.
4. Palm Desert Recreational Facilities Corporation Meeting of May 17, 2000.
Rec: Receive and file.
F-1. LETTER OF RESIGNATION from Colin Wilson from the Promotion Committee.
Rec: Receive with very sincere regret.
F-2. LETTER OF RESIGNATION from Roland Alden from the Technology Committee.
Rec: Receive with very sincere regret.
G-1. RESOLUTION NO. 00-103 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that Have Been Microfilmed (June 2000).
Rec: Waive further reading and adopt.
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G-2. RESOLUTION NO. 00-104 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction of Files from the
Department of Building and Safety that Have Been Microfilmed (July 2000).
Rec: Waive further reading and adopt.
H-1. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Landscape
Renovation of 3,000 feet of Median on Country Club Drive from Harris Lane to 800 feet West
of Park Circle Drive (Contract No. C18140. Project No. 597-00).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project -- funds are available in Account No. 400-4614-433-4001.
H-2. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Perimeter Wall and
Sidewalk Along Country Club Drive from El Dorado to Desert Falls Country Club (Contract
No. C18150, Project No. 689-00).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
H-3. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for a Replacement Forklift.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject equipment.
I-1. REOUEST FOR AWARD OF CONTRACT for Preparation of Federal Documentation
Associated with the I-10/Monterey Avenue Landscape and Sculpture Project -
Transportation Enhancement Activities (TEA) (Contract No. C18160).
Rec: By Minute Motion, approve of the proposal and award the subject contract to
Nickerson & Associates, Cathedral City, California, in the amount of $12,319 and
authorize the Mayor to execute same -- funds are available in Account
No. 110-4300-413-3010.
I-2. REOUEST FOR APPROVAL of Agreement for the Installation of Holiday Decorations
(Contract No. C 13423).
Rec: By Minute Motion, authorize the Mayor to execute an agreement with
The Jarvis Company, Brentwood, California, in the amount of $4,268.25 for the annual
installation and storage of holiday decorations.
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I-3. REOUEST FOR RATIFICATION of Third Amendment to Agreement for Law Enforcement
Services Between County of Riverside and City of Palm Desert (Contract No. C15143).
Rec: By Minute Motion, ratify the Third Amendment to Agreement for Law Enforcement
Services and the Mayor's execution of same effective July 1, 2000, as provided for by
passage of the Fiscal Year 2000/01 Budget on June 22, 2000.
J-1. REOUEST FOR APPROVAL of Change Order No. 3 to Contract No. C14660 -- Engineering
Design of Avenue 42 and Green Way Realignment at Cook Street (Project No. 641-98).
Rec: By Minute Motion, approve Change Order No. 3 in the amount of $14,112.46 to the
subject contract with Sanborn A/E, Palm Springs, California, for additional
engineering design services for the subject project and authorize the transfer of funds
available in the Professional Services Account No. 110-4300-413-3010 for same.
J-2. REOUEST FOR APPROVAL of Change Order No.1 to Contract No. C 16050 -- Extension of
Joni Drive (Project No. 627-99).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with
Contreras Construction Company, Indio, California, in the amount of $43,414.45;
2) authorize the transfer of $24,412.75 from contingency to base contract amount;
3) authorize the transfer of unobligated Measure "A" Funds in the amount of
$19,001.70 to Account No. 213-4679-433-4001.
J-3. REOUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract
No. C17620 -- Magnesia Falls Drive Class I Pedestrian/Bicycle Path Improvements (Project
No. 681-00).
Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with
Contreras Construction Company, Indio, California, in the amount of $3,044 for
additional work required to complete the project; 2) authorize the transfer of $3,044
from contingency to base contract amount; 3) accept the work as complete and
authorize the City Clerk to file a Notice of Completion for the subject project.
J-4. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17680 --
Consolidated Landscape Maintenance District No. 3.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of $5,500 ($550 per
month for 10 months) to the subject contract with Shadow Palms Gardening Service,
Indio, California, for maintenance of the Haystack and Portola natural desert areas.
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K-1. REOUEST FOR ACCEPTANCE OF WORK. for Contract No. C15990 -- Traffic Signal
Installation at Monterey Avenue and Hovley Lane West (Project No. 561-98) (Sierra Pacific
Electrical Contracting, Riverside, CA).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject contract.
K-2. REOUEST FOR ACCEPTANCE OF WORK, for Contract No. C18030 -- Grading and Base
Material for the Future Corporation Yard Expansion (Project No. 628-00)
(Contreras Construction Company, Indio, CA).
Rec: By Minute Motion, authorize the City Clerk to file a Notice of Completion for the
subject contract.
L. REOUEST FOR APPROVAL of Outside Agency Funding Request for FY 2000/01.
Rec: By Minute Motion, approve funding for part-time staffing for the Palm Desert
Chamber of Commerce in the amount of $15,000 and authorize the Mayor to execute
an agreement for same to provide staff at the Historical Society of Palm Desert and the
Santa Rosa Mountains Visitor's Center.
M. REOUEST FOR APPROVAL of the Disbursement of Art In Public Places Funds.
Rec: By Minute Motion, concur with the recommendation of the Art In Public Places
(AIPP) Commission and approve disbursement of $5,500 of AIPP funds paid by
Imago Galleries for compliance fees for the placement of artwork.
N-1. REOUEST FOR APPROVAL of Montecito Homeowners Association Artwork.
Rec: By Minute Motion: 1) Concur with the recommendation of the Art In Public Places
(AIPP) Commission and approve Montecito Homeowners Association's (HOA)
commission of Artist Bill Ware, Palm Desert, California, to create an entryway
sculpture; 2) approve a 40% disbursement ($14,000) of AIPP funds paid by Montecito
HOA to said artist; 3) approve a 30% disbursement of AIPP funds at the time of
artwork installation, with the final 30% to be paid upon City Council's approval of the
completed work, pursuant to Palm Desert Municipal Code Chapter 4, Section 4.10.080.
N-2. REOUEST FOR APPROVAL, of Morningstar Plaza Artwork.
Rec: By Minute Motion, concur with the recommendation of the Art in Public Places
Commission for Dr. Suresh C. Shah to commission Artist Peter J. Urbon,
Rancho Mirage, California, to create an artwork for the subject property.
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O. REOUEST FOR APPROVAL of the Refund of Business License No. 99-00811
(Ironwood Country Club Real Estate Sales, Applicant).
Rec: By Minute Motion, approve of the subject Business License refund in the amount of
$3,468 from FY 1999/00.
P. REOUEST FOR APPROVAL of El Paseo Business Improvement District Social Events.
Rec: By Minute Motion, approve the three yearly local social/business functions held by the
El Paseo Business Improvement District (EPBID).
Q. REOUEST FOR APPROVAL of City Council Golf Cart.
Rec: By Minute Motion, approve the basic design of the "Humdinger" golf cart and direct
appropriate staff to work with the local dealership to secure the best sale price, service
and maintenance package, and delivery arrangements in an amount not to exceed
$20,000 -- funds for this purchase have been budgeted for FY 2000/01 in Account No.
110-4159-415-4045.
R-1. REOUEST FOR WAIVER of Fees Associated with Coachella Valley Recreation & Park
District's "Back To School Concert."
Rec: By Minute Motion, waive fees associated with the subject concert, scheduled to be
held Friday, August 25, 2000, in the Palm Desert Civic Center Park Amphitheatre.
R-2. REOUEST FOR WAIVER of Fees Associated with Animal Samaritans' Dog Walk.
Rec: By Minute Motion, waive fees associated with the subject event, scheduled to be held
on Saturday, November 4, 2000, in Palm Desert Civic Center Park.
R-3. REOUEST FOR WAIVER of Fees Associated with City of Hope "Lauren's Run."
Rec: By Minute Motion, waive fees associated with the subject event, scheduled to be held
on Sunday, November 5, 2000, in Palm Desert Civic Center Park.
S. REOUEST FOR APPROVAL of 2001 American Cancer Society's "Relay For Life" Fund Raiser
at the Palm Desert Civic Center Park.
Rec: By Minute Motion, approve the American Cancer Society's request to hold its annual
24-hour "Relay For Life" fund raiser at the Palm Desert Civic Center Park and direct
appropriate staff to work with event organizers to ensure its success.
Mr. Ortega asked that the Minutes of the City Council Meeting of July 13, 2000, be removed for
separate discussion under Section IV, Consent Items Held Over, of the Agenda.
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Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar was approved as
presented by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
IV. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meeting of July 13, 2000.
Mr. Ortega requested a clarification of the motion regarding Old Business Item E dealing with
the requests for proposal for solid waste management services. He said the agreement was part
of that request for proposal, and a provider was selected. He said the Council in essence also
approved an agreement. He said there was one item, as the Minutes reflect, that staff was
supposed to negotiate, which was an exception that the recommended provider took. He noted
that the top of page 25 reflected a motion, and in similar cases the understanding was that when
the agreement has been "negotiated," appropriate staff is also authorized to execute said
agreement. He said that was the understanding in this case, and he asked that the Minutes reflect
this authority to execute the agreement.
With Council concurrence, the Minutes of the regular City Council Meeting of July 13, 2000, were
amended to reflect authorization for staff to have the agreement executed by appropriate staff.
V. RESOLUTIONS
A. RESOLUTION NO. 00-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ESTABLISHING AN UNDERGROUNDING DISTRICT
FOR THE PURPOSE OF THE EXPENDITURE OF RULE 20A FUNDS BY SOUTHERN
CALIFORNIA EDISON COMPANY.
Special Projects Administrator Pat Conlon reviewed the staff report and offered to answer any
questions. He said this was for the lines located on the west side of Cook Street, extending from
the Palm Desert High School northerly to approximately Avenue 42. If the Resolution is
adopted, Edison indicated construction time would be September through December of 2001.
Councilman Kelly noted a comment in the staff report relative to not undergrounding the entire
span on Cook Street because there is not enough money, and the project would be terminated at
a specific location. He said there did not seem to be a lot of wisdom in that because there is a
tremendous expense in terminating. He said a lot of money would be spent in terminating, and
then the remainder of the undergrounding would cost a lot more money. With Cook Street being
a vital entrance to the City of Palm Desert, he said he felt the City should be able to find a way
to do the entire span of Cook Street at the same time. He added that he would be reluctant to vote
to do only a portion.
Mayor Crites asked, in terms of 42"d Street being 100%, what staff's perception about how close
to 100% the funding would take us. Mr. Conlon responded that with today's information of the
start date of 2001, and based on the yearly accrual of approximately $171,000 per year, he had
spoken with the Rule 20A Coordinator who had indicated that it would be possible for the City
to mortgage out future years of Rule 21 income to apply to this project. He said he did not have
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an answer as to how far this project can go with the money the City will have in the bank and
how much the City will be allowed to mortgage in the future. He noted that engineering
drawings were being prepared, and there were some problematic areas of crossing the wash and
getting the permits from all the agencies necessary to cross the wash. He said he could come
back to Council with an answer at a later time. He added that, worst case scenario, the City could
to up to Joni Drive with the Rule 20A plus all of the mortgage, and Edison would be receptive
to allowing the Redevelopment Agency Project Area 3 to use part of an increment if it is needed
to complete the project. He said the goal was to complete the project in one phase.
Councilman Kelly stated that he felt it should be more than a goal.
Councilman Spiegel stated that he would agree with Councilman Kelly if it were at all possible
to do the project at one time. He felt, however, that it was imperative to do the undergrounding
in front of the High School.
Mayor Crites asked if there was any objection to adopting the resolution as presented, with the
caveat that if there are not monies, staff will be back to Council before looking at downscaling
the project.
Mr. Conlon responded that the project would not be downscaled and that staffwould be back to
the Council if additional monies are needed.
Councilman Kelly stated that this would be acceptable to him.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-105. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
B. RESOLUTION NO. 00-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RECITING PALM DESERT'S CONTINUED SUPPORT
FOR THE CALIFORNIA HEALTHY CITIES PROGRAM.
Mrs. Gilligan noted the resolution in the packets.
Councilman Kelly moved to waive further reading and adopt Resolution No. 00-106. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
C. RESOLUTION NO. 00-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1999/00 BUDGET AS A
RESULT OF YEAR-END ADJUSTMENTS.
Councilman Spiegel stated that the budget adjustment was a surplus. He moved to waive further
reading and adopt Resolution No. 00-107. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor
Pro-Tem Ferguson ABSENT.
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VI. ORDINANCES
For Introduction:
A. ORDINANCE NO. 962 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 2.04.060 OF THE CODE OF THE
CITY OF PALM DESERT, CALIFORNIA (City Manager).
Mr. Ortega noted the staff report in the packets and stated that the City Attorney was available
to answer any questions.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 962 to second reading.
Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
B. ORDINANCE NO. 963 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTIONS 8.85.030 AND 8.85.060 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Skate Park Regulations).
Councilmember Benson moved to waive further reading and pass Ordinance No. 963 to second reading.
Councilman Spiegel stated that this was to rescind the requirement for wrist guards at the Skate
Park.
Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
For Adoption:
A. ORDINANCE NO. 949 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - California Drive).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 949. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
B. ORDINANCE NO. 950 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - DeAnza Way).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 950 Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
C. ORDINANCE NO. 951 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - Fairway Drive).
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Councilman Spiegel moved to waive further reading and adopt Ordinance No. 951. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
D. ORDINANCE NO. 952 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - Grapevine Street).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 952. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
E. ORDINANCE NO. 953 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - Ironwood Street).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 953. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
F. ORDINANCE NO. 954 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - Joshua Tree Street).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 954. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
G. ORDINANCE NO. 955 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - Michigan Drive).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 955. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
H. ORDINANCE NO. 956 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - New York Avenue).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 956. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
I. ORDINANCE NO. 957 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - Sagewood Drive).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 957. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
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J. ORDINANCE NO. 958 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones -
Shadow Mountain Drive).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 958. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
K. ORDINANCE NO. 959 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - Tennessee Avenue).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 959. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
L. ORDINANCE NO. 960 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - Verba Santa Drive).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 960. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
M. ORDINANCE NO. 961 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING SECTION 10.36.010 OF TITLE 10 OF THE
CODE OF THE CITY OF PALM DESERT, CALIFORNIA (Speed Zones - Warner Trail).
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 961. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
VII. NEW BUSINESS
A. REOUEST FOR APPROVAL OF PAYMENT FOR UNDERGROUND UTILITY
CONVERSION ALONG HIGHWAY 74 (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Mr. Ortega noted the report in the packets, noting that these resolutions would allow the
Redevelopment Agency to have the ability at a later time to reimburse the City for the
underground work.
Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution
No. 00-99, approving payment by the Palm Desert Redevelopment Agency for the cost of the conversion of
existing overhead communication and electrical facilities to underground locations along Highway 74;
2) Redevelopment Agency Resolution No. 399, approving payment by the Agency for the cost of the conversion
of existing overhead communication and electrical facilities to underground locations along Highway 74.
Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Pro-Tem/Vice Chairman Ferguson
ABSENT.
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B. REOUEST FOR APPROVAL OF REVISED AND EXPANDED HOME IMPROVEMENT
PROGRAM GUIDELINES (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Rehab. Const. Specialist Bryce White reviewed the staff report, noting that the revised and
expanded guidelines included in the packets were approved by the Housing Commission at its
meeting of May 10, 2000. He said staff's recommendation was that the City Council/Agency
approve the guidelines. He noted that in the Fiscal Year 2000/2001, $300,000 was approved
from the 20% unobligated housing set -aside funds for the home improvement program, and staff
was requesting that the City Council/Agency specifically appropriate those funds to the home
improvement program at this time as well.
Mayor/Chairman Crites noted that the program limits itself to owner -occupied housing. He said
when he looked at some of the issues where cities are trying to encourage the rehabilitation of
homes (i.e., downtown Palm Springs), one of the difficulties faced by the City of Palm Springs
was properties owned by people who do not live there and which are leased out. He asked what
would be done for, in essence, rental housing with this kind of program or if it was just a blank.
Mr. White responded that at this point in time, it was a blank; however, staff would take this
under consideration.
Councilman/Member Spiegel stated the problem as he saw it was that the income of most of the
property owners who rent out the properties was such that they would not be qualified for the
loan.
Mayor/Chairman Crites stated that a lot of times those are the properties which are most in need
of this kind of program.
Councilman/Member Kelly stated it was important to find a different way to get at them.
Mayor/Chairman Crites stated that he supported this program; however, he asked whether staff
would be bringing back some way to attempt to do what Councilman/Member Kelly just stated.
Ms. LaRocca stated that staff could look at some type of program where an absentee landlord
would do a "matching" in consideration for a low -interest loan from the City. She said it could
be in the foam of a low -interest loan program providing that their tenants are 80% or below
median income.
Councilman/Member Spiegel suggested that staff also work with Code Enforcement to try to get
some of the areas cleaned up that need cleaning.
Ms. LaRocca stated that staff would come back with recommendations.
Councilman/Member Kelly stated that a lot of people who are having trouble landscaping their
yards and keeping them up have the problems because they own them but do not have the
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resources. He said where it is a rental and people are making money on them, they do have the
money, and it seemed that the City could be more strict with those people.
Councilman/Member Spiegel moved to, by Minute Motion, approve the revised and expanded
guidelines for the "Make A Difference Home Improvement Program" (HIP) as recommended and outlined in
the accompanying report. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem/Vice
Chairman Ferguson ABSENT.
C. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW
COMMISSION, DENYING A REQUEST TO REMODEL THE EXISTING BUILDING
FASCIA AND INSTALL NEW SIGNAGE AT BOTH CIRCLE K STORES LOCATED AT 45-
200 PORTOLA AVENUE AND 44-775 SAN PABLO AVENUE Case Nos. 99-76 / 99-78 SA.
(Circle K c/o A & S Engineering, Appellant).
THE FOLLOWING IS A VERBATIM TRANSCRIPT OF THIS PORTION OF THE MINUTES:
Key
BAC Buford A. Crites, Mayor
PD Phil Drell, Director of Community Development
RAS Robert A. Spiegel, Councilman
JMB Jean M. Benson, Councilmember
RSK Richard S. Kelly, Councilman
AG Ahmad Ghaderi, A & S Engineering
VN Victor Nassereddin, Tosco Corporation
DJE David J. Erwin, City Attorney
BAC Item C, an appeal to a decision of the Architectural Review Commission regarding Circle K
PD As you recall, some time ago Circle K made a request and a proposal to remodel their two stores
in the City. It went to the Architectural Commission. They denied the request, it was appealed
to the Council, and the Council affirmed that decision. Circle K has now returned with a
somewhat modified proposal. In the original proposal, they were only proposing to do a new
facade on one side of the building, leaving the rest of the building unchanged. Now they are
proposing remodeling or altering all exposed sides of the building. You have exhibits in your
packet of what their proposal is. They are also proposing to rehabilitate the landscape planter
areas, add a new planter area at the corner. That proposal went back to the Architectural
Commission who again denied it on the basis that it was not...they did not perceive it to be an
improvement over the existing condition, or sufficiently an improvement to warrant an approval.
Staff, after considering this at length, believes that this will result in a significant enough
improvement to warrant consideration with the addition of...or with the guarantee that the stucco
detailing that is proposed is extended around all four sides, especially in the back, screening the
mechanical equipment, that the landscaping is done and maintained. And, therefore, based
on...you see our recommendation, we are recommending that the concept of the remodel be
approved conceivably with a reference back to Architectural Commission to refine the details.
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BAC And their vote was unanimous?
PD I believe so.
RAS As I read the staff report, the Architectural Review Commission denied the proposal because of
lack of architectural detailing, appropriate massing of the fascia too heavy for the building, and
appropriately covering the entire fascia with signage, and the proposed designs are not
compatible with the City's architectural standards. Now, if that's what our Architectural Review
Commission has said, then I'm not willing to support staff's recommendation.
JMB That was (unclear).
PD No, that is still their current position.
RAS This is the current one, and I would feel much better if the Architectural Review Commission
reviewed the applicant's new proposal and get staff's input if there are some changes to this
because those are pretty dramatic statements.
PD
BAC
PD
BAS
PD
BAC
RSK
No, they have...the Architectural Commission's...with the exception of the extension of the
stucco detailing all the way around the back. The applicant was proposing around the sides and
just having a painted parapet on the back...the Architectural Commission did review essentially
the plan before you. Again, staff just, you know, again, people can disagree. We feel that
although, again, this is not an award winning building, it does represent a sufficient enough
improvement of what is there that it is...that, you know, and I guess the issue is if we are satisfied
with what is there in comparison to what is proposed, then, you know, then you uphold the
Architectural Commission decision.
If I may make a comment, Phil, I would think that's an inappropriate choice to give. You're in
essence saying the dichotomy is between what is there now and what is offered. When it came
before us the last time, Circle K gave us the same choice, which was what is there now or what
they proposed then, and we said no, and they came back with something somewhat better.
That is correct. All I'm saying is we cannot require them to come back with something better.
They may choose to, and they very well might choose to. All I saying is we cannot require them
to change the architecture of the existing store front.
What you're suggesting is that we lower our standards.
Um, we make a choice for an improvement, even though it is not the building that we would
necessarily have chosen if it was being built from scratch on the site.
Are there any other comments?
Well, it just presents a problem in that if someone comes to build a new building, we require
something much better than that. If somebody already has a building, then they don't have to do
it to the standards that we normally expect, and that kind of sticks in the craw.
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RAS I'd also like to suggest that maybe the architect and our committee sit down again and see if they
can't resolve the differences.
JMB I guess when I look at it in the sense that they have come back with something better, and not
much, I agree, but better, and certainly better than what is there now and what is better on, looks
better on El Paseo...if we go back and ask them if they can come up another step for that one and
then see before we'd turn this down completely, because, you know, they'll leave that building
on El Paseo like it is for years to come without doing anything, and that is certainly an eyesore.
And you notice the buildings that we have that the fronts have been resurfaced along 111 on the
north side look a lot better than what they were before, and it certainly brings it up. I'm not
saying this is any great design, but I'd sure hate to see them do nothing.
BAC But those other ones they finally had to bring them up...something we said yes to.
RSK Right now we're at...
JMB But those didn't come to us along the north side.
BAC Architectural Commission approved them.
JMB Well, send it back and see what...send this new design back to Architectural Review and see what
they say about it.
(Unclear)
RAS That was the point that I read.
BAC Excuse me, Richard.
RSK When you talk off that direction, why I don't think people in the audience can hear, and I can't
either.
BAC I was just...
RSK Even though you're talking to other members there, you need to still talk in the microphone.
BAC Jean asked if it should be sent back to the Commission to see if they like this current design, and
my response was it has been, and the didn't.
JMB No, it hasn't gone back. Phil is saying...
PD No, with the one exception, and again it's not what the applicant is proposing, it's what we're
recommending...that the stucco design be...
RSK So we can't send it back again to make sure that...
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PD But in....I don't believe that difference would be significant to the Architectural Commission.
JMB Well, I just hate to see those buildings stay looking like they are. I just think...
PD You know, the applicant is here. I think these are the sort of questions you should be directing.
BAC Is there...
JMB And I had another question on it. In a sense, the one here on San Pablo, you're taking out where
you sell gas and that. Hasn't that been discontinued?
PD
AG
Yes, that is why we're saying since there's no longer...it's no longer needed to sell gas, that's
why we're suggesting that the planter be expanded to give us a reasonable landscape feature at
the corner.
Good afternoon, Mr. Mayor and members of the Council. My name is Ahmad Ghaderi with A
& S Engineering, 207 W. Alameda, Suite #203, Burbank. As the Director of Planning has
indicated, since the last time we appeared before you, we have gone back and met with City staff
and altered our proposal quite a bit as far as the material we use, as far as the color scheme, and
added a substantial amount of landscaping to each site. Unfortunately, I have to tell you that this
is the best as far as renovating an existing building. The costs have already gone up over fifty
percent on this project, and any additional improvements, other than what staff has recommended
to take the fascia all the way around, would basically stop the project just, you know, at this step
right here. I hate to tell you that, but we also looked at the brand-new Chevron station on
Highway 111. To be honest with you, that's why the treatments, again this is an existing building
we're trying to improve. They had the option of a brand-new building. They have a lot more
flexibility. If this was a brand-new building, I agree with you, we would be able to match them
or even better. But we cannot apply a lot of the other details that are on that Chevron station, for
example, to this facility. It's just cost prohibitive. And basically, to answer your question, the
feeling has been gone from both sides, and we're just going to keep the store and existing
operation.
JMB What building on 111 are you talking about?
AG The Chevron station on 111...
PD The Plaza Way, you know the new one.
RAS The new one.
JMB That's not a Circle K.
PD No, no, we just...we had originally directed them to look at that building as an example of a
convenience store which met our standards, and that's it.
BAC Are there other questions?
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RAS I have a question.
AG Yes, sir.
RAS Are you opposed to going back to Architectural Review and sitting down and saying, look, how
can we get together on this?
AG
I'm not opposed to it, but I could imagine the additional improvements that they want to see
would be cost prohibitive. I would be more than happy to go back to the Architectural Review
Board again.
RAS Okay.
BAC
Without being offensive, I'm sure Circle K is concerned about the bottom line and everything
else and so on and so forth. But, there's a long history of people explaining to us how they can't
afford to meet Palm Desert's standards, and then, lo and behold, they end up doing it. Just let
that comment set.
AG And I do have a gentleman from Circle K...
BAC It doesn't do me any good to hear he won't do it because I won't believe it.
JMB
PD
Well, I'd kind of like to see what Architectural Commission would like to see done to this and
then see how cost prohibitive it is. What are they suggesting that...
Again, typically the Architectural Commission doesn't see its role as designing a building for
somebody.
JMB They're all...
PD I mean, if you so direct that they try to make suggestions, maybe it's, you know...
JMB You know, they're all architects, maybe they can make something that makes it acceptable.
RAS Would it be feasible for one or two members of the Council and a couple of people from
Architectural Review, and the developer to sit down and see if they can't come up with
something that is financially feasible and also acceptable?
BAC Mr. Kelly.
RSK Did I understand Phil to say that Architectural Review said that they weren't going to design it,
but they wanted something better?
PD They, where they have a...
RSK Isn't that what you said?
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PD Yes, and let me explain that.
RSK Well, you don't have to explain it. I want to make a comment.
PD Okay, but again, I'd like to explain it. Basically, let me explain their procedure. Where they
have a design where they feel is close to the standard and needs some refinement, they will get
down and start drawing on the table and saying, well if you just do this or that, I think this is a
solution to your problem. I think their feeling in this case, they typically would have to be
starting from scratch. They don't see their role as designing buildings for people, that's what they
get paid to do. I think they felt that this project was beyond that scope.
RSK
JMB
I think almost every architect on that Commission, when I've said why don't you do something
different and better, they've always said well, what do you want us to do, and I said, well, you're
the designers. So they're saying the same thing that they accuse me of wrongfully saying. The
shoe's on the other foot, huh?
Well, I think, going back to the Architectural knowing they're not going to tear these buildings
down and build new ones, so what improvements can they do that would be acceptable and bring
it up. And I think that that's a legitimate thing to send it back and ask them, what would you like
to see. He's already said he's going to do this and this. He's put forth some effort to do more
than what we saw in the first place, so send it back to them again and say now he's agreed to this,
what would make this building acceptable, and see how much it costs.
RSK Yeah, maybe we can work something out.
BAC Alright. Is that a motion?
JMB Yes, I'd so move.
RSK In other words, we're sending it back with the idea that we're going to ask Architectural Review
what is it you want. Yeah, I would agree with that.
BAC And do you want to incorporate Bob's suggestion that one or two members of the body meet
with....
JMB I think they can do it themselves (unclear)
BAC Alright.
JMB But if you want the other, it's fine, I don't care.
BAC I don't care, either. I'm asking the pleasure of the body.
RAS I don't know that you need the whole Architectural Review. I think that if you have a couple of
people that are designated and one or two people from Council and the developer or the architect,
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then they can come to some kind of compromise that will be available and successful for
everybody.
RSK Yes, I agree with that. It doesn't have to actually go to the Architectural Review. It could go
with representatives of that meeting.
BAC Alright. Then the suggestion would be that we would ask Architectural Review for a couple of
folks and a couple of members of the Council to see whether or not we can create a design that
meets the architectural standards of this city. Yes, sir...
RSK Without spending too much money.
BAC Or with spending it.
VN Good afternoon. My name is Victor Nassereddin. I'm the Engineering Manager for Circle K,
which is currently owned by Tosco Corporation, and I appreciate your time, Mr. Mayor and City
Councilmembers, and I truly want to appreciate the effort that your planner has put through this
in the past year, year and a half. It sounds like, judging from what I hear, specifically from the
Mayor, he is not in favor of this project. The company, which is Tosco, my company, has given
me the full authority to stop this project, because it sounds like there is hostility coming out of
the Mayor's office toward this project. We can no longer spend any more time and effort. We
have proposed about three or four options to the City of Palm Desert, and we've gone back and
forth, back and forth. This is the design that we are proposing. If this is not acceptable, would
you please reject this and let me go on. And it's going to stay the way it is as a trash, as a place
very dirty, and undesirable for the City of Palm Springs, or Palm Desert, excuse me, until we tear
down the building. Thanks very much for your time.
RAS In other words, from what I understand, you're not interested in getting together with
Architectural Review...
VN No, sir. We have already spent over $50,000 trying to come up with designs, and that exceeded
my budget for what that store produces. And I hear some type of comment from the Mayor, a
comment from the City Council with the exception of Mrs. Benson, she was very kind to us, but
between both of you, you are not in support of it. And I cannot go out and spend more and more
money to please an individual out here. This is not a democracy, sir. We need to work together.
We're trying to clean up the place so it can bring more money, more taxes. The money has been
wasted, the time has been wasted. And this is...I don't think that any of the citizens here would
welcome what you made a comment, sir, Mr. Crites. That is not accurate, and the last time I
remember, hopefully that was recorded, when you kicked me out of the meeting to tell me to go
out, you've been milking the City for the past 25 years, and I don't think that was an appropriate
comment from you to come out to me. And if you're not in favor of this project, just tell me.
Let's quit playing this game. And if you're not going to support what I'm proposing, the job, the
project is dead, and it's going to stay the way it is until we close the site. Anything else you
would like to ask me?
RAS You've given us the answer.
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VN
I have a full, complete authority by the Tosco Company, which is about $25 billion that if you
are not going to support the project the way we are proposing, the project is dead. And I'm sorry
to behave that way. We've built so many of these, we've cleaned so many of these, and I would
like to invite the City Council to see what we've done...(unclear)...Cathedral City...go out and
take a look at it, it's a beautiful place. We start generating more money, more taxes for the city,
we cleaned up the place. But now you tell me, nope, you do it my way or get out of my way.
We did not milk the City, sir. We have contributed to the City quite heavily, and this is a big
company, we work with the community, we work with kids, we work with churches, so you tell
me what you want me to do. And, sir, Mr. Kelly, you have proposed and said well, you come
up with a design. We have, we have come up with a design.
RSK I wasn't talking about you.
VN Yes, sir.
RSK I was talking about the Architectural Review Commission...
VN Sir, we...
RSK ...I said if they want something different, well, but I said let them tell us what they want.
VN We have.
RSK I'm not talking about you, I'm talking about the Architectural Review Commission, not you.
VN And, believe me, we've spent more time than is necessary on this project, we've got a lot of
things to do, and the only thing, for God's sake, we're just putting a stupid fascia, that's all we're
doing.
RSK Let's be clear, though. I didn't refer to you at any time, that's not my way.
VN Okay. Alright, I apologize.
RSK I didn't use your name...
VN I'm sorry.
RSK ...I didn't refer to you in any way. I was talking about the Architectural Review Commission.
VN But I ought to make it very seriously, Mr. Mayor, I don't think I personally, as a citizen of the
United States, appreciate your position nor your previous comment in a previous City Council
meeting, and go back to the record of what you said. We did not milk the City. We provided, we
supported the City.
RAS Well, I'll go back to my original motion...
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VN Yes, sir.
RAS ...which was that you or one of your associates sit with members of this body and members of
our Architectural Review to see if the problems can be resolved. If you're opposed to that, then
I'll withdraw my motion.
VN
Yes, sir, I do oppose it. Do you know why? Because we already have gone there three times,
and we have the experts here, that they can see the City and they know what's required, what is
needed, within reason. We are not generating a gold mine here, we're selling hot dogs and milk
and Coke. There's no gas there. We're trying, just understand this, it's a box that needs to be
cleaned, that's all, but if you're trying to make a Taj Mahal out of it, I am not in the Las Vegas
business. And there is a specific budget. Yes, this company is a $25 billion company, but we
have to justify what we spend on each store, and that's all I can spend. I cannot go out and create
a Taj Mahal for a store that only generates $50,000 a year for me. That is not acceptable.
RAS Alright.
VN And this is, again, one more time, on behalf of my architect, this is what we are proposing in
addition to the landscaping and the sign. If this is not acceptable to the City Hall or to the City
Council, please stop it. And then we'll turn it over to our attorney if we want to proceed with
that. But thanks very much for your time. Sorry, ladies and gentlemen, I did not mean to be that
way, but this is a city that you have to be (unclear).
RAS I withdraw my motion.
BAC Is there a substitute motion?
RAS I will move that we agree with the Architectural Review Commission and deny this proposal.
BAC Is there a second? I will so second. There is a motion and a second, please cast your ballot.
DJE Motion fails.
BAC The floor is open for an alternative motion.
RSK That's no action. So what does no action mean? It failed but then what's the next step?
?? ...motion to deny it.
DJE It is a request, as an appeal, from the Architectural Commission. The Council is supposed to act
within 30 days of receiving that appeal. If you take no action and you determine no other motion
today, I would ask that it be continued to your next regular meeting agenda, and perhaps there
is a fifth member of the Council available on that day, and some action would be taken then.
RAS There won't be a fifth, there will be four, and there won't be a fifth at the next meeting, there'll
be four.
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JMB Well, I would just like to say...
RSK Different four.
JMB I would just like to say, again, to have it sit like it is now for another ten years I think is a
disgrace to the City. If this isn't up to the standards that we want, which it isn't, but there is so
much you can do with an existing building, and if it's going to sit there and not have anything
done, I'd rather have it sit and look like this than to sit and look like it does now because
especially on El Paseo with the buildings all around there brand-new, that is a disgrace now, and
even the facades that I've seen on some of the buildings throughout town, sure, we could have
torn buildings down on the north side and put up new ones. But you can't do a lot with them.
You can only put a facade up on it. I don't know, either, what else they would suggest on this
one, but anything looks better than what is there now, and the one on San Pablo with the gateway
down here and the tanks sitting out there in the lot, empty, for the gas. Putting some landscaping
in there and taking those out is an improvement. I just, you know, I just think that something is
better than nothing in some cases. And where these are situated, if they were out someplace else,
maybe I wouldn't feel that way, but they're in too high visible locations, and if they're going to
re -stucco the hold building and put a new front on it, I certainly think it's better than what's there
now.
VN I appreciate that.
RSK Well, Councilmember Benson swayed me. That's why I voted the way I did. I concur with her.
RAS Well, that's the reason that I wanted to get the input. I mean, what ARC said in this report really
isn't definitive enough for me in my mind. They said that the lack of architectural detailing (and
I'm not sure what they mean, I guess they feel like they didn't get enough), the appropriate
massing of the fascia (they say it's too heavy for the building), and appropriately covering the
entire fascia with signage (well, I don't see the entire fascia covered with signage, I see a Circle
K), and the proposed designs are not compatible with the City's architectural standards (I don't'
know what that means). I'd like to hear from somebody as to what they're talking about, and
unfortunately, they're not here tonight.
RSK Well, we have a staff person who should be able to tell you that.
BAC We have a staff person here who doesn't agree with the Commission.
RAS With the Commission, is that correct?
PD I, again, standards are a very subjective thing. It's one of those things you know it when you see
it. People can differ.
RAS I'm just asking for a yes or no. You don't agree with the Architectural Review Commission?
PD I don't agree. I...
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RAS
PD
RAS
Yes or no?
I do not agree with their assessment.
Okay. So then, it stands as voted.
RSK I don't suppose there's any use in trying a motion the other way? I'll try it anyway. I move that
we grant the appeal.
BAC
JMB
BAC
RSK
Is there a second?
Second.
Please vote.
No change.
BAC And I'll...
DJE Unless there is a further motion, I'd suggest that it be carried to your next regular meeting.
JMB
Can we just, can we...does it have to go to the next one, or can we set it for the one we know
when there will be five of us here? Pardon?
RSK It seems a long way away. Is that going to..would that be agreeable with the applicant that it be
continued to that far away?
VN
JB
No, sir. I made it very clear. Either this, or we're not going to go any further. It's a waste of
your time and a waste of everybody's time. I spent more time with this gentleman...
Well, sir, it would be...that would be what we would be considering, but we need another
Councilmember here to see if we can one more vote to get it for you, but that's why...we do know
there'll be an excused absence for September and October.
The problem is this, madam, is it seems to me some of your members are not able to see the
whole picture. They want a toy, but that toy is not available, sir. It's a simple little project.
We're spending 16 months on it, okay? There is not very much to do. There is not very much
to do, there are not very many options to do. We could do a bit of landscaping, we could do a
little bit of trees, but that's, you know, you said the fascia is not strong enough to handle. This
is can, it's sheet metal. I mean, I personally, for the life of me, I'm an architect, I'm an engineer,
and I've been working for this company for 22 years. Usually we argue about little landscaping,
little tree here, little there, but to take it this far is a waste of your time, it's a waste of my time,
it's a waste of the citizens' time. Tell me yes or no. If yes, we will work with them, okay? If
it's no, it's out of my picture. We'll turn it over to our attorney and let him deal with you guys.
I don't think there is any more room to take it any further. Please understand. I mean, if it's not,
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it's going to stay trashy like this. It's going to attract trashy people, it's going to attract rats, it's
going to attract all kinds of junk.
RAS What does that statement mean when you said if it's yes, we'll work with them. What does that
mean?
VN What it means is you need to principally say yes, Mr. Nassereddin, this is acceptable but it's not
a hundred percent, okay? But I cannot change it, sir, there is not very much to change.
RAS Yes, but I don't know from what I'm reading, and all I'm doing is...
VN But that's not my fault, sir...
RAS I'm not suggesting it is. All I'm asking is that there be a compromise.
VN Sir, there has been three times already. Times two, that's six. It's not the first time that we have
met you, sir, with respect to you. I do apologize for raising my voice, but it seems to me you're
not seeing the picture. We are arguing here rather than trying to compromise. Don't you agree,
gentlemen, ladies?
BAC Sir...
VN Yes, sir.
BAC You may address the City Council with your comments, but...
VN I apologize.
BAC ...appropriately or inappropriately, the audience is not in a position to be in agreement or not.
VN I apologize, sir. I do apologize, and I hope you understand my feeling. This is not me, but, you
know...I'm sorry. I'm awfully sorry about this. To answer your question, sir, the reason I'm
hesitant to say yes is because we have done all these meetings for almost 16 months. It's not the
first time. And we are asking just for your blessing to proceed, and if there is any room, we can
add to it to decorate it, less sign, less this, less that, it's fine. But to reject it completely as a
concept, we're not going anywhere. I have no authority any more to spend any more money.
This gentleman is costing money. I am costing my company lots of money. So, please, let's cut
it out. Either you allow me to proceed with this, working on your staff level, which they are
experienced, fine. If not, just reject it and let me move on. I cannot go any further. We've got
zillions of things to do in this world.
BAC
VN
Thank you, sir.
Thank you very much.
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Then I would ask the City Manager to schedule this matter...is it the pleasure of this body to
schedule it for the next meeting or to schedule this for a meeting in which five members of the
Council are here?
Either way, it doesn't make any difference to me. If it's again 2-2, it'll be continued. If it's 3-1,
then it won't be. So, I would say go to the next meeting. In the meantime, I'm going to try to
find out from our Architectural Review Commission what they feel the problems are, personally.
Why don't we hold it, then, for...cause they don't...do they meet between now and our next
meeting?
Yes, they will meet the Tuesday before your next meeting.
Tuesday?
They meet on the 12th, I believe, of September.
12th of September?
Okay, this is held over for our next meeting.
Well...
What time?
They meet at 12:30.
Yes, Mr. Kelly.
I'd like to ask the applicant a question, I guess, or plead with the applicant.
I'm sorry, sir. I'm awfully sorry about this.
Some of us spend a lot of time on sometimes it seems live very small items...
Yes, sir.
...to try to make our city a better place to live, attract business, attract tourists. And my plead is
to plead you to give us just one more chance to see if we can't solve the problem for you with
Architectural Review and get approval so you can move ahead and do something.
Yes, sir, if that's what you desire, I'll be glad to bend my knees and accept that proposal, yes, sir,
to give it one more chance. Hopefully, we can work on your staff level as well as yours, and I
do like to invite you to see one of the stores that we have just finished, which is exactly similar
to that, in Cathedral City. I'll be glad to take you in my company car and show you the
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difference, just to give you an idea what it would take to take an ugly looking place, with a little
bit of money, and see what we can do.
RSK I appreciate you giving us a little more time, and I understand that it costs money. Time is
money..
VN Yes, sir.
RSK We'll do the best we can to solve the problems.
VN I appreciate that. With my respect to you, and again, on my behalf, I do apologize for what I said
and absolutely was never meant but it was just out of frustration. And I thank you very much for
your time, and let's move on.
RSK Thank you.
JMB Thank you very much.
VN Thanks, Mayor.
BAC Next item...
RAS Phil, before we go on, I would like you to put me on the Agenda for the 12th meeting, first thing
at 12:30, to review all of this. Please have all of the stuff for everybody so we can take a look
at it, so I can get a feeling from Architectural Review where the problems they feel are.
BAC Item D, Request for Approval of a Reimbursement Agreement for Sunrise Colony Company...
D. REOUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH SUNRISE
COLONY COMPANY FOR CONSTRUCTION OF EASTBOUND HOVLEY LANE
(CONTRACT NO. C 18170).
Mr. Ortega noted the staff report in the packets from Mr. Folkers and that the City Attorney
would answer any legal questions with regard to the agreement.
Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute the subject agreement
for the widening of Hovley Lane East from Water Way east to the west limits of Oasis Country Club. Motion
was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
E. CONSIDERATION OF ADDITIONAL CITY HOLIDAY DECORATIONS.
Ms. Ruth Ann Moore noted the staff report in the packets and offered to answer any questions.
Councilman Spiegel moved to, by Minute Motion: 1) Appropriate $60,000 from Unobligated General
Funds for the purpose of providing expanded scope of holiday decorations in the City, as follows: a) $50,000
for the purchase or lease of said holiday decorations; b) $10,000 for electrical upgrades for City Hall, the Visitor
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Information Center, and the two entrances to the El Paseo Business Improvement District; and 2) direct staff to
enter into negotiation with an appropriate party to supply and install the subject holiday decorations. Motion
was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
Councilman Kelly commended the Committee for doing a good job.
F. REOUEST FOR APPROVAL OF ANNUAL CONTRACT FOR THE SHOPPER HOPPER
(CONTRACT NO. C 150521.
Ms. Ruth Ann Moore noted the staff report in the packets. She noted that this was the same
amount as last year, and she offered to answer any questions.
Mayor Crites requested that several times during the year an independent review of ridership be
done in addition to Sunline's report.
Ms. Moore responded that this would be done.
Upon questions by Councilmen Spiegel and Kelly, Mayor Crites stated that he had no preference
as to when the reviews are done but that he assumed they would be done at representative times.
Councilman Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to execute a one-year
agreement with SunLine Transit Agency for the operation and administration of Route 51, the Shopper Hopper,
that provides two electric trolleys serving six shopping locations in the City of Palm Desert from July 1, 2000,
through June 30, 2001 at a cost of $173,618.75; 2) move the Shopper Hopper line item from the Environmental
Conservation Budget to the Business Support Center Budget. Motion was seconded by Benson and carried by
a 3-2 vote, with Councilman Kelly voting NO and Mayor Pro-Tem Ferguson ABSENT.
Councilman Kelly explained that he felt an audit meant that an outside person would have to be
used to do the count. This also meant that the driver was not being trusted to keep track of the
riders. He said while it did not cost anything to have the drivers provide this information, it
would cost money to have an independent review. He said he did not feel this was necessary.
Councilman Spiegel stated that this request was not part of the motion. He said the motion was
to approve the contract.
Councilman Kelly changed his vote to YES. Motion carried by a 4-0 vote, with Mayor Pro-Tem
Ferguson ABSENT.
G. CONSIDERATION OF SUBSTANDARD LANDSCAPING PROCEDURE.
Code Compliance Supervisor Hart Ponder reviewed the staff report describing the process used
by Code Enforcement relative to substandard landscaping. He said this type of violation had
been placed into the same category as other violations in that full customer service and
consideration is given when dealing with complaints from the public. He noted that there were
over 300 cases regarding substandard structures, with 85 currently open. He discussed several
properties shown in pictures attached to the staff report as exhibits. He added that the Council
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had his firm promise that as each case is investigated and viewed, staff will give the highest
priority to courtesy and fairness. He offered to answer any questions relative to the procedures.
Councilman Spiegel asked whether staff was using the "Make a Difference" monies at all to help
these people do their lawns if they cannot afford to do so.
Mr. Ponder responded that staff is aware of this program and refers a lot of residents to the
Redevelopment Agency staff when issues arise where citizens qualify for this assistance.
Councilman Kelly stated he felt the Code Enforcement Department was doing a super job and
had come a long way in improving the City. However, he said he had been shown a letter sent
to the resident at the home pictured in Exhibit A attached to the staff report and said she had
been told that she needed to improve the bare spot in her front yard. He said she was told it was
just a matter of water, but he knew this was not the case and the problem could be nutrients or
moths or any number of other things. He expressed concern with the letters sent from the City
and said this particular lady was afraid she was going to be "sent to the Coliseum and fed to the
lions." He said he had also taken several pictures of other yards that were much worse than
those shown by staff, including several owned by the City and one on Fairway. He distributed
copies to each of the Councilmembers. He said he had to face the people in the community who
were getting "Gestapo" letters, yet the City also has property that has not been taken care of. He
said he felt the enforcement needed to be done in a more diplomatic, friendly, service -conscious
way and that the City should not be giving someone ten days to get rid of a brown spot.
Mr. Ponder agreed with Councilman Kelly on the correspondence sent to citizens. He said he
took responsibility for that correspondence and did not feel he was communicating properly his
concerns about the City's letters being sent out. He added that he would try harder to
communicate more properly with the citizens. With regard to the property on Fairway, he said
this might be one of the 85 open cases and that he would look into the matter.
Councilmember Benson stated that she had complained about the state of the City -owned
property as well and had recently had the lot on El Paseo and Highway 111 cleaned up because
she had received a call from a citizen about it. She said she did agree that the City -owned lots
needed to be cleaned up and kept up to Code. In addition, if the HIP program used for cleaning
up houses does not work for yards, perhaps a separate assistance program was needed for
landscaping.
Mr. Folkers stated that with regard to the City property on Country Club, staff apologized. He
said the intent was to have landscaping, and staff was in the process of developing a landscaping
plan for that lot. He said it should not have been allowed to get to the condition it is in now and
that it would be cleaned shortly.
Mayor Crites stated that a lot of these substandard landscaping situations seemed to be former
lawns, which is an expensive style of landscaping in terms of maintenance and water, etc. He
asked whether people are given advice on where they might go for resources if they want to
change their landscaping so they do not have to have wall to wall turf.
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Mr. Ponder responded that Mr. Folkers had offered his landscaping inspectors as a resource. He
said as staff runs across people who have expressed concern about their lawns and what they can
do to change the type of landscaping, they have worked with the residents and offered advice on
what can be done differently.
Councilman Spiegel suggested that Councilman Kelly be given an opportunity to review the form
letters that are sent to residents so that changes can be made before they are sent out.
Mr. Ponder responded that he would be happy to work with Councilman Kelly and the City
Manager to get the form letter modified.
Mayor Crites suggested that staff also look at the materials produced by CVAG with regard to
not having to allow lawns to dry out for as long as has been traditionally done in terms of
scalping the lawns, etc.
No Council action was necessary or taken on this item.
NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM AND POSTED
72 HOURS PRIOR TO THE MEETING.
H. HEARING ON PROPOSED RESOLUTION OF NECESSITY RELATIVE TO STREET
IMPROVEMENTS ON HIGHWAY 111 FROM PLAZA WAY TO SAN MARCOS AVENUE
AND HIGHWAY 74 FROM EL PASEO TO HIGHWAY 111 (Joyce Cohn as Trustee of the
Shell Cohn Family Trust, Property Owner).
Mr. Erwin asked that this matter be continued to the meeting of September 14, 2000.
Councilman Spiegel moved to continue this matter to the meeting of September 14, 2000. Motion was
seconded by Benson and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
VIII. CONTINUED BUSINESS
A. REOUEST FOR APPROVAL OF DESERT AIDS WALK 2001 IN THE CITY OF
PALM DESERT (Continued from the meetings of June 8, June 22, and July 13, 2000).
Mr. Ortega noted the staff report in the packets and stated that staff was available to answer any
questions.
Councilman Spiegel moved to, by Minute Motion, approve the Desert AIDS Walk to be held in Palm
Desert on Sunday, April 1, 2001, as per that organization's amended proposal, and instruct appropriate staff to
work with event organizers to produce this annual fund raiser. Motion was seconded by Benson and carried by
a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
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B. CONSIDERATION OF EL PASEO SIDEWALK AND WALL (PROJECT NO. 698-99)
(Continued from the meeting of July 13, 2000).
Mr. Folkers showed a brief video of the south side of El Paseo from Highway 111 to Plaza Way,
where it was staff's intention to have sidewalks installed. He noted that the video showed the
problems with the landscaping and the oleanders which needed to be removed. He stated that the
wall of oleanders over the years had provided quite a bit of buffering from the sound and lights
from the traffic along El Paseo. He said one of the questions to be answered was whether there
would be that much of a noise problem if the oleanders were removed and never replaced.
Another issue was the grade differential in certain areas where going back and putting in steps
would cause a problem as far as the ADA requirements. He said in discussing this with the
homeowners group some time ago, one of the concerns was that if anything does get put in as far
as a wall, that there not be any gaps where the steps are. He reviewed the staff report and
recommendation, noting the breakdown for the different plans. He said there was a question with
regard to funding, and he noted that staff had looked into what monies would be available from
the Redevelopment Agency for this project; however, the only monies that might possibly be
available would be the land acquisition fund, and he was not sure Council wished to utilize that
fund.
Councilman Spiegel stated that the initial plan was to install a sidewalk on the south side of El
Paseo from Highway 74 to Plaza Way. He said he did not know where the City got involved with
plans for installation of walls; however, it was his understanding that there were a various
homeowners associations in Sandpiper, and he asked whether this had been discussed with all
of them.
Mr. Folkers responded that staff had discussed the proposal with some of the associations but not
with all of them.
Councilman Spiegel asked whether there had been any interest on the part of the members of
these homeowners associations to become involved with this project from some kind of
cooperative way above and beyond the sidewalk.
Mr. Folkers responded that the way it had been presented to them, the City would install a
sidewalk and a smaller way. Staff's feeling was that the taller wall behind that would be paid for
by the associations similar to other current projects.
MR. RON MALONEY, representing one the largest homeowners association in Sandpiper, said
the members were anxious to have this project begun and have a decision made as far as the
design for the replacement of the oleanders.
Councilman Spiegel asked if the association had any plans for what to do with their oleanders
if the Council were to decide not to put in sidewalks.
Mr. Maloney responded that if the City decided not to do anything on this project, the
homeowners would have to have the oleanders removed because they were either dead or dying.
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Councilmember Benson stated it was her understanding the last time this matter was before
Council that Mayor Pro-Tem Ferguson suggested that staff look to see whether Redevelopment
money could be used in a blighted area to help with this project. She said it was initially agreed
that a sidewalk would be installed from Highway 74 to Plaza Way if the City could not install
it all the way down to Highway 111. She added that she now understood from Mr. Folkers that
Redevelopment monies could not be used, although she did not know why.
Mr. Ortega stated that Redevelopment monies could be used in the public right-of-way. He said
the question would be with reallocation of monies, and no funds had been allocated for this
project. He said it would be up to the City Council to determine whether or not to reallocate
funds for the project.
Councilman Kelly agreed with Councilman Spiegel and thought the project would just be from
Highway 74 to Plaza Way. He said there was an incentive for the City to do that portion because
it had not done a very good job of mitigating the commercial area on the north side of El Paseo.
In addition, the Historical Society was in that area where people are constantly parking for events
and have to walk in the street because there are no sidewalks. He said he felt the project could
be started by doing that first section from Highway 74 to Plaza Way, which is the worst part and
which the City had the most responsibility for.
MS. SANDI HOECH, resident of Sandpiper, thanked the Council for its consideration of this
project. She said she would like to see the entire project done, and she asked that the Council
remember that in the redevelopment of the Palms to Pines East, it will be primarily the Sandpiper
people who support it.
MR. PHIL STEIN, resident of Palm Desert, stated that he had attended the City Council meeting
approximately a year ago when the Council approved the landscaping of the Cook Street
Business District. He said a promise was made from the business owners association that the
property would be maintained if the City put in planter boxes. He noted that approximately two
and a half months ago he had taken several rolls of film showing what the business district had
failed to do as far as keeping its promise. He said about three days after he took the photographs,
the area was cleaned up, although it was starting to look bad again. He said his point was that
he was opposed to the City making agreements with regard to these types of walls and/or planter
boxes being installed at City expense because the agreements are not kept, and he felt the City
was creating its own blighted future conditions.
Mr. Maloney stated that in the case of Sandpiper, they have landscaping facilities 365 days a
year, and they would take care of that.
Councilmember Benson asked what the cost would be to do the sidewalk along the entire length
rather than stopping at Plaza Way, without any walls or planter boxes.
Mr. Folkers responded that it would be approximately $300,000. He said Plan A would be to put
in the sidewalk and small retaining walls from El Paseo to Painters Path wherever necessary. To
do the same from Highway 74 to Plaza Way would be approximately $175,000.
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Mayor Crites stated that Council had originally looked at installation of sidewalk from Highway
74 to Plaza Way, and the cost would be approximately $175,000. To complete the project on
down to Painter's Path would be an additional $125,000. Mr. Folkers agreed.
Councilmember Benson said she felt the entire project should be done at the same time.
Councilman Spiegel said he would not be opposed to the City putting in a sidewalk and a short
retaining wall/planter area that would be maintained in perpetuity by Sandpiper. He said he
would suggest to the residents of Sandpiper that they build the wall or whatever they want on the
other side. He said, if necessary, perhaps an assessment district could be set up so that it could
be paid for over a period of time. He also suggested that staff then be asked to talk to the various
homeowners groups to see if there can be some kind of an agreement.
Mayor Crites asked if Councilman Spiegel's suggestion was to install the sidewalk the length of
El Paseo from Highway 74 to Painters Path and install short retaining walls where necessary.
Councilman Spiegel agreed and said it would then be up to the homeowners to decide what they
wanted on the other side.
Mr. Folkers stated that it was staff's intention to replace landscaping; however, it would be very
meager compared with what is there now with the mature oleanders.
Councilman Kelly moved to, by Minute Motion, approve the installation of a sidewalk on El Paseo
from Highway 74 to Painters Path and short retaining walls where necessary, contingent upon the approval of
the Sandpiper homeowners. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Pro-Tem
Ferguson ABSENT.
With Council concurrence, Mayor Crites adjourned the meeting at 6:00 p.m. for dinner and
Closed Session to discuss items listed under City Attorney Reports and Remarks as well as those listed on
the Redevelopment Agency Agenda. He reconvened the meeting at 6:40 p.m.
IX. OLD BUSINESS
A. REOUEST FOR APPROVAL OF AGREEMENT FOR INTEGRATED SOLID WASTE
MANAGEMENT SERVICES FOR THE CITY OF PALM DESERT (CONTRACT
NO. C17230).
Mrs. Gilligan noted that this matter was taken care of when the Minutes of the Council Meeting
of July 13, 2000, were amended.
No Council action was taken on this matter.
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B. REOUEST FOR AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL AND STREET
IMPROVEMENTS ON HIGHWAY 111 FROM PLAZA WAY TO SAN MARCOS AVENUE
AND HIGHWAY 74 FROM EL PASEO TO HIGHWAY 111 (CONTRACT NO. C17530,
PROJECT NO. 626-97).
Mr. Folkers reviewed the staff report, noting that the recommended contractor had a very good
work record. He stated that it was staff s intention to have storm drain work done at night.
Councilman Kelly moved to, by Minute Motion, award Contract No. C17530 to Holland -Lowe
Construction, Inc. of San Bernardino, California, for the traffic signal and street improvements on Highway 111
from Plaza Way to San Marcos Avenue and Highway 74 from El Paseo to Highway 111 in the amount of
$1,729,226.08 plus contingency in the amount of $345,845.22 for a total of $2,075,071.30; 2) appropriate
$500,000.00 from unobligated drainage fund 232; 3) appropriate $425,797.30 from unobligated Measure A funds
into Account No. 213-4387-433-4001; and 4) authorize the Mayor to execute the contract agreement. Motion
was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
C. REOUEST FOR APPROVAL OF CONTRACT FOR ADVERTISING COORDINATOR
SERVICES (CONTRACT NO. C 178401.
Mrs. Gilligan stated that staff had been unable to negotiate a contract with the recommended
firm, Utopian Marketing Group, which had withdrawn its proposal from the City. She said staff
was recommending that the Council approve a contract with an organization called Full Gallop,
which was owned by Piper Close. She said it would be for 160 hours per month (60 hours more
per month than was offered by the other contractor) but for the same amount of money, $5,000
per month.
Councilman Spiegel moved to, by Minute Motion, approve the contract with Full Gallop Marketing
Communications, Palm Springs, California, in an amount not to exceed $60,000 and authorize the Mayor to
execute same. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson
ABSENT.
D. REOUEST FOR AWARD OF CONTRACT FOR THE MONTEREY AVENUE STORM
DRAIN EXTENSION FROM HIGHWAY 111 TO WESTFIELD SHOPPINGTOWN
ENTRANCE (CONTRACT NO. C17850. PROJECT NO. 503-00).
Mr. Folkers reviewed the staff report, noting that staff had been working with the Assistant
Manager of the Westfield Shoppingtown to make sure there is coordination, and it was staff s
intention to let all of the people in the neighborhood know what will be happening with the
project.
Councilman Spiegel asked how long staff expected this project to take, and Mr. Folkers
responded that it was anticipated the project would be completed mid -October.
Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Hemet
Manufacturing Company, Inc., dba/Genesis Construction, Hemet, California, in the amount of $162,777 and
authorize a 15% contingency in the amount of $24,416.55 -- project totaling $187,193.55; 2) authorize the Mayor
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to execute said contract. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem
Ferguson ABSENT.
E. REOUEST FOR AWARD OF CONTRACT FOR THE FRED WARING DRIVE TRAFFIC
SIGNAL INTERCONNECT IMPROVEMENTS (CONTRACT NO. C17920, PROJECT
NO. 557-99).
Mr. Folkers reviewed the staff report, noting that this would allow residents and visitors to travel
down Fred Waring Drive with a minimum of inconvenience and at a reasonable speed.
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Macadee Electrical
Construction, Chino Hills, California, in the amount of $123,180 and authorize a ten percent (10%) contingency
in the amount of $12,318 -- project totaling $135,498; 2) appropriate $15,498 from Unobligated Traffic Signal
Funds to Account No. 234-4537-422-4001; 3) authorize the Mayor to execute said contract. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
Councilman Spiegel asked when a signal will be installed on Fred Waring Drive at the Library
entrance.
Mr. Folkers responded that it would probably be some time in October. He said staff was finding
some real delays in getting the equipment because there was such a demand. He said where there
had normally been a three-month delay in getting equipment, it was now four or five months.
F. REOUEST FOR AWARD OF CONTRACT FOR GRASS SEED.
Councilman Spiegel moved to, by Minute Motion, award the subject contract for the annual
procurement of grass seed to High Tech Irrigation, Palm Desert, California, in the amount of $188,217.70 and
authorize a ten percent (10%) contingency in the amount of $18,821.77 -- totaling $207,039.47. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
G. REOUEST FOR AWARD OF CONTRACTS FOR CONSTRUCTION OF TENANT
IMPROVEMENTS FOR THE NORTH WING OF THE PALM DESERT CIVIC CENTER.
Mr. Ortega stated that no formal bids were received. He said staff would be negotiating the
various contract items with subcontractors, with the City acting as the general contractor, and
recommendations would be brought to the Council at its next meeting.
Councilman Spiegel moved to continue this matter to the meeting of September 14, 2000. Motion was
seconded by Benson and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
H. CONSIDERATION OF PROPOSED ARCHITECTURAL, SIGN, AND LANDSCAPE PLANS
FOR THE RENOVATION OF THE WESTFIELD SHOPPINGTOWN PALM DESERT.
Mr. Drell stated that the Architectural Review Commission had been reviewing the revised plans.
In general, both staff and the Commission were quite happy with the direction Westfield was
going, although there were some issues of concern which were described in the staff report. He
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suggested that the Council allow Westfield Shoppingtown representatives to present their report
at this time.
MR. DAVE HOKANSON, Vice President of Development for Westfield Corporation,
11601 Wilshire Boulevard, Los Angeles, California, addressed Council relative to the proposed
renovation of the Westfield Shoppingtown Palm Desert. He introduced his development team:
John Healy, Development Director, responsible for the implementation of the project;
Steve Dumas, Vice President of Design, responsible for the Westfield Interior Design Group;
Rachel Stouffer, Project Designer, assisting Steve Dumas; Larry Meline, Project Landscape
Architect; Bob Waller, General Manager of Westfield Shoppingtown Palm Desert; Bob
Pantanella, Assistant General Manager of Westfield Shoppingtown Palm Desert; and Marketing
Director Emily (no last name).
MR. JOHN HEALY reviewed the proposed plans, noting that the existing Robinson -May would
expand the second level to 54,000 square feet. He said this retailer was negotiating and finalizing
an agreement with Sears to take over the existing Robinson -May women's store. Once the
Robinson -May store completes in about 14 months, the existing store would be turned over to
Sears. He said the plan also showed a 50,000 square foot expansion of the JC Penney store. It
would be either a 30,000 single level or 50,000 two -level expansion, although JC Penney had not
indicated an anticipated time line for this expansion. The existing Macy's home and men's was
proposing a 22,000 square foot store expansion, two levels at 11,000 square feet each, and the
existing amphitheater entry would be closed. He said a 25,000 square foot Barnes & Noble store
was being proposed which would have a full entry into the shopping center. In addition, they
were proposing an 18,000 square foot unit with restaurants and terraced dining. In accordance
with the DDA, he said they would be constructing two parking structures to support the
expansion/renovation.
MR. STEVE DUMAS reviewed proposed design changes to both the interior and exterior of the
center. He said they wanted to include warm and natural materials as well as outdoor seating,
more landscaping, and more shade structures. With regard to the entrance by the JC Penney
store, the proposal was to make it more like a courtyard, with additional desert -type landscaping,
color, and outdoor seating for the restaurant. Additional outdoor seating was proposed at the
other entrance by the Robinson -May as well as some trellis structures and more color. He said
the color palette worked with the desert environment, and the stone would be a nice golden color.
With regard to the parking structures, he said the proposal was to use an expanded treatment to
these more public facades. He said they were proposing to do a sculptured precast system using
some stone or cast stone elements at the towers and entries. In addition, they were proposing
cloth canopies at the entrance points to provide relief and some sculpture. He said the center
would have a new, fresh feeling and would continue the El Paseo experience across Highway
111.
MS. RACHEL STOUFFER reviewed the site plan and proposed monument signs. She said the
proposal was to tear out the two existing ones (on Highway 111 and Plaza Way, and the one to
the left of that) and install new ones. She said new monument signs would also be included at
all the other intersections. Three of the monument signs would be nine -foot, and the others
would be six-foot signs.
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MR. LARRY MELINE, LRM/LTD Landscape Architects, Culver City, California, noted that the
current landscaping had some very nice, mature trees on the periphery, and these trees would be
kept. He said there were some good Palo Verde trees that would be kept, although there were
some that had been killed due to the extensive watering of the turf. He said the turf would be
removed and replaced with an arid, desert planting on the Highway 111 frontage. There would
be a dramatic change in the parking lot with shade trees. He said they had a combination of
different types of trees, including a Chilean Mesquite used for shade. He said he was aware,
through a couple of sessions with the Planning Commission and Architectural Review
Commission that they would be committed to pruning those trees twice a year and also providing
root barriers for them. He noted that at the entry points would be date palms to highlight the
entrance points and to make the entrances clear. The planter islands would be 7 x 12 for the
shade trees, and there would also be planters approximately 90 feet long with tight groupings of
Palo Verde trees as a break to the other alternating pattern of evergreen and deciduous. He said
they would observe the kind of spacing of desert plants that the City has in the Desert Willow
project, where there is area of brown between the plants.
Mr. Healy noted that a bus transfer facility would be located along Town Center Way that would
provide three bus stops, two taxi stops, and then the approach and departure and two new shaded
bus seating areas.
Mr. Hokanson noted that one of the items that was clearly addressed in the environmental
documents and the development/disposition agreement was their performance of a number of off -
site -related improvements. He said they had made a determination that a traffic signal along
Monterey and the northeasterly -most drive would be most appropriate. In addition, there were
some modifications to be made to that area with respect to widening for both left and right
deceleration turn lanes.
Councilman Spiegel asked what the City was being asked to approve tonight.
Mr. Drell responded that Council was being asked for endorsement of the direction and concept
and clarification of issues he had highlighted in the staff report. He said these clarifications in
some cases involved some departure from normal policy or standards.
Mayor Crites stated that it appeared that the biggest "departure" had to do with parking lots,
trees, etc. He asked whether this issue had come before the Landscape Committee.
Mr. Drell responded that the Landscape Committee had not met for various reasons and had not
yet reviewed this last proposal.
Mayor Crites asked that a meeting be scheduled in the near future for this committee to look at
the project, and Council concurred.
Councilman Spiegel stated that it was his understanding that the developer wanted to get started
right away on this project to get rid of the amphitheater, bring in Barns & Noble, put the
restaurant over it, redo the entrances to the mall where there used to be a restaurant in May
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Company and between JC Penney and Marie Callander, refiguring the lot, replanting the upper
lot, and expanding Macy's in the back.
Mr. Hokanson stated that the only thing he would add to that would be the parking structure
adjacent to the May Company. He said the Robinson's-May expansion was a separate item that
would need to come back to Council and the Architectural Review Commission.
Councilman Spiegel asked if the parking garage was contingent on that expansion, and
Mr. Hokanson responded that the funding was contingent upon the expansion. Councilman
Spiegel stated that the parking structure could be built faster than the additional May Company,
and Mr. Hokanson agreed. Councilman Spiegel stated he did not feel this was something that
needed to be considered at this time.
Mr. Hokanson stated that the way they approach their projects is to look to secure the
entitlements, to "button down the hatches", on a project as best they can through the entitlement
process. Once that is done, they have a strong sense of what the cost of the project would be, and
at that point they go out and look at the financing of the project. From that point, they commence
design development. He said they were standing on the cusp of design development at this time,
and a strong indication from the Council at this point would serve to initiate that process.
Councilman Spiegel stated that the City's commitment to the parking structure was contingent
on: 1) the expansion of Robinson's-May so that another department store can come into that
space; and 2) the remodel of the existing motion picture facility with stadium -type seating. He
said he felt these were prerequisites to him approving the parking garage.
Mr. Hokanson agreed it was a prerequisite. He said they were aware there was an issue with
respect to the theater, and this was a matter they intended to bring back to the Council for
discussion in the context of the DDA and how they put this project together and "not be held for
ransom by an individual tenant." He said it was important for them to put their best foot forward
as soon as they possibly could.
Councilmember Benson questioned the removal of the monument sign on Highway 111 now and
replacing it with a nine -foot sign. She asked how large the existing monument sign was.
Mr. Drell responded that it was probably four feet measured from the sidewalk. He said the
height of the monument in terms of the architecture was nine feet; the height of the sign was
probably approximately six feet. He said he felt the City wanted to encourage people to do
monuments that served more visual interest than just a sign, and staff and the Architectural
Review Commission did not have a problem with the size of the monument when the monument
has design and architecture to it.
Councilmember Benson stated that her other concern was with how the monument will be
lighted.
Mr. Hokanson responded that it was intended first as an extension of the architecture of the
Center. He said there was a lighting element on the side that would have some soft lighting. He
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said although he could not tell Council what the lumens would be or how bright it would be, but
he felt this was a criteria that should be established in conjunction with staff and perhaps the
Architectural Review Commission. He said the red letters would be lit, but the cabinet would
be dark.
Councilmember Benson asked if there would be a sign out there like there is now that indicates
what stores are in the center, and Mr. Hokanson responded that they were not anticipating that
kind of a sign.
Councilman Kelly stated that the bus transfer facility had been reviewed by a committee,
including representation from SunLine. He said everything was done except the actual shelter
itself, which was going to be designed by Westfield.
Mr. Hokanson agreed and said the photograph of the bus transit area was conceptual in nature
and needed to be taken to a higher level and have a stronger correlation to the center. He said
they wanted to work on the design a little bit more, take it back through the process, and
ultimately bring it to the Council for approval.
Mayor Crites said he felt this was a much more site -appropriate design. He said he felt the
signage, compared with what the Council saw the last time, had significant improvement, and
he felt it was attractive. He noted he was concerned with the number of new signs that are
appearing, and that was something that needed to be discussed. With regard to the parking
structure, he reiterated a comment made several months ago that the Cities of Phoenix,
Scottsdale, Sacramento, and others had done some interesting things as far as integrating public
art into parking structures. He said this proposal was for stone and plants; however, there may
be some other things that can be done that are innovative and use public art. With regard to
parking lots, he said he would like to have the Landscape Committee discuss this matter. He said
earlier in the day he had visited the parking lots at both Westfield Shoppingtown and the center
where Target is located; in both cases, he estimated that 85% of the automobiles, unless they
were directly adjacent to a store, were found huddled under whatever was most likely to look like
shade trees. He said he felt this was a good hint in terms of spacing issues. He noted that with
regard to the choice of Chilean Mesquites, he would suggest that perhaps a mixture of trees be
used so that in the future if it turns out not to be the right choice of trees, it would make for less
pain in the long run. He said there may be some options that would still provide the texture and
the look that the developer is trying to achieve and yet have a little more variety.
Councilman Kelly asked for clarification of the requested Council action.
Councilman Spiegel stated that the request was that the Council conceptually agree with what
was presented and that the developer is on the right track.
Mr. Drell added that the developer would also like any other direction from the Council relative
to the project and the landscaping issue that is being deferred to the Landscape Committee. He
said some direction with regard to the shading structures on top of the parking deck would be
helpful as well. He asked whether Council would be directing that the applicant put some
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additional shade on the actual parking spaces in addition to the two spots at the bridges going
from the decks to the stores.
Councilman Kelly noted that when a two-story parking structure is built, there is automatically
50% shade, which is far more than there is at any parking lot.
Councilman Spiegel noted that one does not see many people parking on the top level at The
Gardens of El Paseo in the heat of the day.
Councilman Kelly stated that this was because there was plenty of room underneath; however,
in the winter time, people like to park on the top level. He said he did not think that was a real
problem.
Councilman Spiegel agreed and said it was not a major concern to him, either.
Councilman Kelly moved to, by Minute Motion, conceptually approve the remodel plans, with direction
as discussed above. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson
ABSENT.
I. CONSIDERATION OF SPEED HUMPS ON RESIDENTIAL STREETS.
Mr. Ortega noted the staff report in the packets.
Councilman Spiegel asked whether there were any specific locations being considered for these
speed humps.
Senior Transportation Engineer Mark Greenwood stated that he had no specific locations in mind
and that this matter was on the Agenda at the request of the Council. He said some cities had
been using speed humps for over ten years, and the County of Riverside had an installation which
was over 15 years old. He said they could be controversial; some residents liked them and felt
they were a benefit, while others felt they were a detriment. He reviewed the staff report and
recommended that staff be directed to talk to residents before the City adopts a plan one way or
the other so that there is a good idea as to whether the City is headed in the right direction.
Councilman Spiegel stated that he was not sure whether he liked them or not. He said there had
been enough requests from residents that something be done about the speed of traffic in the City.
He said he would be more than willing to try the speed hump in a very limited area to see how
effective it would be.
Mr. Greenwood stated that he felt part of the discussion should be the design of the speed hump.
He said there were at least three different speed hump designs promulgated throughout the United
States.
Councilman Kelly asked whether this was something that should be referred to the Public Safety
Commission, and Councilmember Benson said she felt that would be a good place to start.
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Councilman Kelly said he felt it was important to get some feedback from other cities that are
using the speed humps
Councilmember Benson noted that the City of Rancho Mirage had had speed humps on Magnesia
Falls for the last several years, and she felt it was important to refer this matter to the Public
Safety Commission so that a study could be done on speed humps.
Mayor Crites asked whether the Commission should also be asked to bring recommendations to
the Council, and the other Councilmembers agreed.
With Council concurrence, staff was directed to refer this matter to the Public Safety Commission for
its review and recommendation to Council.
X. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore stated that she had several additions to her staff report. She
noted that on Highway 111, Manhattan Bagel had come back to the City. She said this
business was formerly on El Paseo. She said she had met with the leasing agents from
Westfield today to tour all of the new projects happening in the Coachella Valley.
During that tour, they had discussed several announcements at Westfield
Shoppingtown. She said Helzberg Jewelers had opened the end of the previous week.
In addition, Wetzel's Pretzels had opened, and Cold Stone Creamery (a new ice cream
store) had also come to Palm Desert. She noted that Kids' Corner, 3,000 square feet
in the Food Court area, had a display in conjunction with the Children's Museum and
included both educational and amusement activities for children.
2. Report on Silver Spur Road and State Highway 74 Striping Modifications
Mayor Crites noted the report in the packets.
3. Report on Schedule for Fred Waring Drive from Highway 111 to Fairhaven Drive
Mayor Crites noted the report in the packets.
Councilman Kelly stated he felt the schedule for this project was very ambitious.
B. CITY MANAGER
None
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C. CITY ATTORNEY
1) Request for Closed Session:
Conference with Real Property Negotiator 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: Duke, Gerstel, Shearer, LLP
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to Government
Code Section 54956.9(a):
a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court
Case No. INC 013297
b) City of Palm Desert v. Juan M. Armenta, et al., Riverside County Superior
Court Case No. INC 006499
Conference with Legal Counsel regarding significant exposure to litigation pursuant
to Government Code Section 54956.9(b):
Number of potential cases: 2
Conference with Legal Counsel regarding initiation of litigation pursuant to
Government Code Section 54956.9(c):
Number of potential cases: 1
2) Report and Action on Items from Closed Session Made at This Meeting.
None
D. CITY CLERK
Mrs. Gilligan noted that the Palm Desert Sheriffs Department had caught the individual who had
vandalized the church on Country Club Drive. She said it turned out that he was the same
individual who damaged the City's trash can.
Mrs. Gilligan also thanked Ms. Noreen Bouchard for attending her first City Council meeting.
Mayor Crites noted that he had sent a letter to pastor of that church expressing the City's
concerns and letting him know that an apprehension had been made.
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E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Discussion Relative to Citizens On Patrol (Councilman Robert A. Spiegel).
Councilman Spiegel asked that this matter be referred to the Public Safety
Commission. He said there are many cities in California and the United States
that utilize volunteer citizens to help with the policing of a city, specifically
looking for people who are parked illegally (i.e., using handicapped parking areas
illegally) and other jobs that the police departments have put together for them.
He said he knew there was a program in Rancho Mirage, although he was not
aware how effective it was.
With Council concurrence, this matter was referred to the Public Safety Commission for report and
recommendation.
2. Consideration of the "Red Light Runner" Program
(Councilman Robert A. Spiegel).
Councilman Spiegel asked that this matter also be referred to Public Safety
Commission. He said since this issue was first looked at, it had been put into
effect in Indian Wells, and the City of Palm Springs also intended to have a
similar program. He said the system was also in effect in many other cities,
including Los Angeles, Beverly Hills, and Oxnard. He asked that it be referred
to Public Safety Commission for a recommendation to the City Council.
With Council concurrence, this matter was referred to the Public Safety Commission for report and
recommendation.
3. Consideration of Resolution Dealing with the Habitat Conservation Plan Acreage
Requirements for the Fringe -Toed Lizard Mitigation Fee (Mayor Buford A.
Crites).
Councilman Spiegel moved to add this Resolution to the Agenda for discussion. Motion was seconded
by Benson and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
Mayor Crites noted the copies of the Resolution distributed to the Council. He
said this would implement the Memorandum of Understanding that was approved
unanimously by the Coachella Valley Association of Governments, State Fish and
Game, and by Federal Fish & Wildlife.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-111. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
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o City Council Committee Reports:
1. Mayor Crites stated that he and Councilman Spiegel had a discussion earlier
today about the CVAG Energy and Environment taking another look at utility
deregulation, which would be scheduled for the September meeting. He said he
would bring a report to the Council after that meeting.
2. Mayor Crites noted that he had found an interesting article in the CVWD Board
packet approximately a month ago concerning land subsidence in Palm Desert
from overdrafting of wells. He asked that staff look at this issue and report back
to the Council about what is happening.
3. Mayor Crites stated that if there was no objection, he would like to refer to the
Outside Agency Contributions Committee a request from the Tuskegee Airmen
for a contribution to a mural they are doing at the Palm Springs Air Museum. He
said it was being done by a Palm Desert artist. He noted they had already
received approval for monetary contributions from the Cities of Indian Wells,
Rancho Mirage, and Palm Springs.
Councilman Spiegel noted that the request was for a contribution in the amount of $5,000, and he
moved to add this item to the Agenda for consideration. Motion was seconded by Kelly and carried by a 4-0
vote, with Mayor Pro-Tem Ferguson ABSENT.
Councilman Kelly moved to approve a contribution of $7,000 to the Tuskegee Airmen. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
With Council concurrence, Mayor Crites adjourned the meeting at 6:00 p.m. for dinner and
Closed Session to discuss items listed under City Attorney Reports and Remarks as well as those listed on
the Redevelopment Agency Agenda. He reconvened the meeting at 6:40 p.m.
XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
The Council considered Old Business and Reports & Remarks following the dinner break. Please see
those sections of the Minutes for discussion and action.
XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
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XIII. PUBLIC HEARINGS
A. REOUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NO. 35
(APN 622-351-035) LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS
MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH
THE PALM DESERT REDEVELOPMENT AGENCY).
Housing Manager Terre LaRocca noted that with this sale, there were 13 vacant lots left.
Mayor/Chairman Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and he declared the public hearing closed.
Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution
No. 00-100, authorizing the Palm Desert Redevelopment Agency to sell at fair market value mobile home lot
number 35 (APN 622-351-035) for $24,500; the lot is located at 43-155 Portola Avenue (Portola Palms Mobile
Home Park); and 2) waive further reading and adopt Redevelopment Agency Resolution No. 400, making and
finding that the sales price for the lots and mobile home is not less than its fair market value in accordance with
the highest and best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded
by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem/Vice Chairman Ferguson ABSENT.
B. REOUEST FOR APPROVAL OF THE SALE OF 75-357 KELSEY CIRCLE SOUTH AND
42-740 REBECCA ROAD AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH
THE PALM DESERT REDEVELOPMENT AGENCY).
Housing Manager Terre LaRocca reviewed the staff report, noting that the Rebecca Road sale
would be brought back to the Council/Redevelopment Agency Board at the September 14th
meeting because the buyers decided to buy the other house in the middle of this process. She said
that property was being deleted from this request, and the one that stands is the 75-357 Kelsey
Circle South.
Mayor/Chairman Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and he declared the public hearing closed.
Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution
No. 00-101, authorizing the Palm Desert Redevelopment Agency to sell 75-357 Kelsey Circle at fair market
value; and 2) waive further reading and adopt Redevelopment Agency Resolution No. 401, making a finding
that the sale price for 75-357 Kelsey Circle South is not less than fair market value in accordance with the
highest and best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded by
Kelly and carried by a 4-0 vote, with Mayor Pro-Tem/Vice Chairman Ferguson ABSENT.
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C. REOUEST FOR APPROVAL OF THE CONVEYANCE OF A SINGLE FAMILY LOT TO
HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., AND APPROVAL OF
A DISPOSITION AND DEVELOPMENT AGREEMENT (JOINT CONSIDERATION WITH
THE PALM DESERT REDEVELOPMENT AGENCY).
Ms. LaRocca noted that Bonnie Garcia from Assemblyman Jim Battin's office was present at the
earlier portion of the meeting to speak on this matter. She said staff had received a proposal from
Assemblyman Battin's office, and they were working in conjunction with Habitat for Humanity
on the construction of a home in Palm Desert. She said the City had a lot located on Catalina
Way, which could be donated for that purpose.
Mayor/Chairman Crites declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and he declared the public hearing closed.
Councilman/Member Spiegel moved to: 1) Waive further reading and adopt City Council Resolution
No. 00-102, approving the conveyance by the Palm Desert Redevelopment Agency of a single family residential
lot known as APN 627-052-010-1 and located on Catalina Way, Palm Desert, California, to Habitat for
Humanity of the Coachella Valley, Inc., for the purpose of constructing a single family dwelling to be made
available to a family of lower income; and 2) waive further reading and adopt Redevelopment Agency
Resolution No. 402, approving the conveyance of a single family residential lot known as APN 627-052-010-1
and located on Catalina Way, Palm Desert, California, to Habitat for Humanity of the Coachella Valley, Inc.,
for the purpose of constructing a single family dwelling to be made available to a family of lower income and
approve both the Disposition and Development Agreement and Declaration of Conditions, Covenants, and
Restrictions that will effectuate this plan. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor
Pro-Tem/Vice Chairman Ferguson ABSENT.
D. CONSIDERATION OF AN APPEAL TO A NOTICE TO ABATE ISSUED JULY 5, 2000, ON
PROPERTY LOCATED AT 74-210 GOLETA AVENUE (APN 627-021-015)
(James E. Gamble, Appellant).
Code Compliance Supervisor Hart Ponder reviewed the staff report, noting that staff's feeling
was that this lot was a public nuisance in a residential zone and that the items cited needed to be
moved.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request.
MR. JAMES GAMBLE addressed the Council and stated that the vehicles in question were
inoperable because he could not afford insurance or registration. He noted that one of the
vehicles, from which he had removed some parts for another vehicle, was in his back yard. He
said this was not a problem, and the City's Code Enforcement Officer, Mr. Kilpatrick, got upset
because he could not get him to do anything about his lawn. He felt that, because of that, Mr.
Kilpatrick had come up with these other charges, supposedly things that could be seen from
public view, although Mr. Kilpatrick had to get a warrant to go onto the property to verify it. He
said two of the abated vehicles were motorhomes, and he was told by Mr. Kilpatrick at one time
that as long as they are behind the eave of the house, they would be okay. He noted that two of
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the vehicles had been removed. Another could be moved, but he could not afford the registration
on it. He said although he had a whole packet of notes with him, he could see that the Council
had already passed judgment by having an armed officer in attendance to control him, and he had
seen that the officer had notes about him. He added Mr. Kilpatrick had been harassing him.
Mayor Crites noted that the City Council has a Deputy from the Sheriff's Department at every
Council meeting from 4:00 p.m. until the meeting is completed.
Mr. Gamble stated that the officer did not have notes on everyone in the Council Chamber.
Mayor Crites stated that he did not have any knowledge of that; however, it was normal
procedure for a member of the Palm Desert Sheriff's Department to be in attendance at all
meetings.
Mr. Gamble said he felt Mr. Kilpatrick had taken over the position and, from notes of mistakes
made by Mr. Gamble in the past with other officers, had decided to harass him. He said the
initial harassments were of the overgrown grass around the mailbox and along the sides of the
house, which over a period of time were brought under control, and Mr. Kilpatrick no longer had
to harass him about it. He noted that during that entire time, he had dead grass in his front yard,
though Mr. Kilpatrick never said anything about that. Now that he had done what was asked, he
said the Code Enforcement Officer wanted to complain about the dead grass. He said there was
a time when he was in the Civic Center parking lot on a different matter, Mr. Kilpatrick pulled
up in an employee vehicle with other employees and yelled across the parking lot, "Hello,
Mr. Gamble," and he felt this was harassment because it was not a cordial "hello" since he and
Mr. Kilpatrick have nothing cordial between them. He reiterated that three of the four vehicles
he was abated on were actually operable, but he could not afford the registration and insurance.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Mayor Crites asked whether the remainder of the materials seen on the photos were part of this
evening's discussion.
Mr. Ponder stated they were not part of the discussion and that staff believed that the inoperable
vehicles (not being moved at least once every 72 hours) and all the vast auto parts made up for
90% of the problem. He said staff felt that if those were removed and taken care of like they
should be, the other items could be stored in a manner that is not causing a public nuisance.
Councilman Kelly asked how much time the appellant would have to abate the nuisance.
Mr. Ponder responded that staff had been dealing with Mr. Gamble on this issue since April. He
said if Council found for the appellant, and Mr. Gamble agreed to remove the nuisance on his
own, staff would check back in two weeks to see if progress had been made. If substantial
progress was made, staff would extend more time, as long as it was taken care of in a reasonable
manner. He said he felt 30 to 60 days might be considered reasonable.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2000
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Councilman Kelly stated that this was not a simple situation, and there would be some time
required to abate the nuisance. He said he felt the Council could perhaps allow several weeks
to see how things are going and then take a recommendation from the Code Enforcement
Department and perhaps assist the appellant in the removal of the nuisance so that it is not a large
burden.
Upon question by Councilman Spiegel, Mr. Ponder responded that this was a single-family
residence, and the photos were of the back of that residence. He said if a determination were
made at this time that a public nuisance does exist on the property and that what staff has
described is reasonable to comply with the Code, Council would have his firm promise that in
two weeks he would personally go over and check the progress of the removal. If substantial
progress had been made, he would agree to give Mr. Gamble additional time.
Councilmember Benson asked if this would include removal of the toilets and all the other stuff
that was on the property.
Mr. Ponder responded that it would include everything — the batteries, wheels, vehicles, fenders,
auto parts, etc. He said he believed that the scrap lumber and the other items could be stored on
the property in a manner that would be in compliance in a residential zone. He said once the
vehicles and auto parts are removed, staff would look at what is left and work with the appellant
if it is felt there is a substantial problem.
Mayor Crites asked whether the City had any legitimate right to care what homeowners store in
their back yards (i.e., toilets) as long as it is not visible from the public street and as long as it is
not things like ammunition, air conditioners that are part of one's business, etc.
Mr. Ponder responded that was why the ten toilets were not included on this abatement notice.
He said that according to the letter and spirit of the law, it would not be a public nuisance just to
have the toilets sitting in the back yard screened from public view. In this case, there were gaps
in the fence, and the items were visible from the public right-of-way.
Mayor Crites asked if what the residents did inside their fence was their own business once the
fence is fixed.
Mr. Ponder stated that this would hold true for the toilets, although it was different for cars. He
said inoperable vehicles tend to attract vectors, and it could be a harborage for different rats and
other types of rodents that could make their homes in these vehicles. He added that in the desert,
the different seals in the vehicles can start to dry and start leaking onto the ground; after a while,
it could go into the table water. In addition, it was also uncharacteristic in a residential area to
have this type of storage. He said the courts in the State of California had made it very clear that
the existence of this type of vehicle in a residential zone, stored this way, was a public nuisance.
Councilmember Benson stated that she was willing to give the appellant 30 days to clean it up.
Councilman Spiegel agreed.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2000
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Councilman Kelly suggested giving the appellant several weeks and then having staff check to
see how things are proceeding.
Councilmember Benson responded that would be okay also.
Councilman Kelly moved to, by Minute Motion: 1) Make a determination that a public nuisance exists
on the subject property; and 2) instruct the Code Enforcement Department to work with the resident to abate the
nuisance in a reasonable amount of time, with the matter to remain on the City Council Agenda until completed.
Mayor Crites stated that, although the public hearing was closed, he would allow additional
comment by Mr. Gamble.
Mr. Gamble stated that according to staff's report, these problems had been going on since 1996,
and there had been 17 violations since that time. He noted that he had neither purchased nor
moved in to that property until late October of 1996 and that he had not had any problems until
1997. Since that time, he said he had been harassed by the City about his property, although he
agreed he may have brought it upon himself because of the threat he wrongfully made at that
time. He said the Mosquito Abatement District had been sent by the City to his house looking
for rats. They had looked inside and outside and had found no droppings, no food source, no
water, etc. Now staff is telling him that his vehicles are bringing in rats.
Mayor Crites responded that Mr. Ponder said that in the general sense of the term, this is the
belief of the State when it looks at those matters. He said Mr. Ponder did not say that was
necessarily true in this particular case.
Mr. Gamble stated he had another question with regard to the motorhome. He said according to
the abatement on abandoned or inoperative vehicles, they have to be moved every 72 hours. He
said motorhomes are not driven on a daily basis and may only be used two or three times per
year.
Mayor Crites stated that the City had a provision in which residents can apply for a storage
permit, and a number of people in this area and throughout the City of Palm Desert have chosen
to go through that process so they may keep their motorhomes at their residences.
With regard to the fence, Mr. Gamble stated that he had replaced the fence after he bought the
house; however, within two weeks of replacing the fence, someone drove off of Fred Waring
Drive right into the corner of his fence, and that is why the items were able to be seen through
the gap in the fence. He said he had not repaired the fence since it was damaged a couple of
years ago, and if that had been an issue, he said he would have been out there immediately to
repair it; however, that had not been the issue with Mr. Kilpatrick, who he said just liked to
harass him for every little thing he can. He said he would like the Council to try and get some
sort of explanation for him as to why, if it was visible from public view, staff required a warrant
to come onto his property and verify the nuisance.
Mr. Ponder stated that for staff to adequately process the Notice to Abate, a notice has to go to
the car owner. The car owner does not necessarily have to be the person who owns the property.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2000
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It is necessary for staff to go onto the property in order to get the Vehicle Identification Number
(VIN) and the license plate numbers; the only way to lawfully do that without obtaining
permission from the property owner is to obtain an inspection warrant. He said staff had gone
to the City Attorney to get the inspection warrant when they were not getting cooperation from
the property owner. That gave staff the information to run the plates and notify the car owners.
He said the staff report indicated that a number of the vehicles were not currently registered to
Mr. Gamble.
Mayor Crites stated that the motion was to accept the staff report and give the property owner several
weeks to begin this process and then to report back to Council to make sure that, over time, this process is
completed. He said it refers only to vehicles and not to other items that may be stored outside the public view
and within the private parameters of the property.
Mr. Erwin stated that basically what the Council was doing was continuing this matter and not
making a determination whether a public nuisance exists at the present time or not. He said that
could still be done when the report comes back.
Councilman Kelly moved to, by Minute Motion, continue this matter and have a report to the Council
at the next meeting(s), with instruction as so noted above by the Mayor. The motion was seconded by Spiegel
and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
E. CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE SIGN ORDINANCE -
POLITICAL SIGNS Case No. ZOA 98-5 Amendment No. 2 (City of Palm Desert, Applicant).
Mr. Erwin stated that the City's existing political sign ordinance was not enforceable.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request. No testimony was offered, and he declared the public hearing closed.
Mr. Erwin stated that he felt the removal provision was extremely questionable about whether
it can be enforced or not.
Councilman Spiegel moved to waive further reading and pass Ordinance No. 964 to second reading,
amending Section 25.68.620 relating to political signs. Motion was seconded by Kelly and carried by a 4-0 vote,
with Mayor Pro-Tem Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2000
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F. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE MASTER PLAN OF
DEVELOPMENT (CUP 98-19), A PRECISE PLAN OF DESIGN FOR FOUR BUILDINGS
(THREE COMMERCIAL AND ONE SHOWROOM), AND A CHANGE OF ZONE FROM PC-
2 (DISTRICT COMMERCIAL) TO SI (SERVICE INDUSTRIAL) FOR PARCELS 7, 8, 12,
AND 13 OF PM 29068 AS AMENDED, LOCATED AT 77-880 COUNTRY CLUB DRIVE
Case Nos. PP/CUP 98-19 Amendment No. 2, C/Z 00-06, and PP 00-12 (Select Properties, LLC,
and Sixth Street Partners, LLC, Applicants).
Mr. Steve Smith reviewed the staff report, noting that Council approved the master plan of
development in January of 1999. Across the north portion of the site was the self -storage facility
adjacent to the railroad tracks. The southeast corner was the retail portion. Immediately south
of the self -storage facility at the west edge was an industrial portion. He said the applicant had
obtained approval for the southwest corner of the site to construct a 100-room, three-story hotel
project. The property had been marketed to hotels; however, the developer was unable to get
anyone at this point in time and, therefore, was requesting an amendment to the master plan of
development, a zone change to be consistent with the area to the west and to the north, and a
precise plan for four buildings. He said there would be archway connections over the east and
west end between the two rows of buildings. He noted that both the Planning and Architectural
Review Commissions had recommended approval. He offered to answer any questions.
Councilmember Benson stated that she did not recall that there was ever a hotel considered for
that corner.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request.
MR. BOB RICCIARDI stated that the project at one time was supposed to have a hotel or motel;
however, the developer was not able to find anyone who would want to go on this particular piece
of property. He said the property was really not suitable for a hotel/motel site. He said they had
come up with a design which they felt was better looking than what is located to the west of this
property, and the developers were willing to move ahead on it. He said they were in complete
agreement with the staff report, and he offered to answer any questions.
With no further testimony offered, Mayor Crites declared the public hearing closed.
Councilmember Benson moved to: 1) Waive further reading and adopt Resolution No. 00-108,
approving an amendment to CUP 98-19, the master plan of development; 2) waive further reading and pass
Ordinance No. 965 to second reading, rezoning parcels 7, 8, 12, and 13 of PM 29068 from PC(2) to SI; and 3)
waive further reading and adopt Resolution No. 00-109, approving a precise plan of design for four
commercial/showroom buildings on parcels 7, 8, 12, and 13 of PM 29068. Motion was seconded by Spiegel and
carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 24, 2000
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G. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION,
APPROVING A REQUEST BY MOBIL OIL CORPORATION FOR AN AMENDMENT TO
AN EXISTING PRECISE PLAN/CONDITIONAL USE PERMIT FOR A MOBIL GAS
STATION, CONVENIENCE STORE, INCLUDING BEER AND WINE SALE FOR OFF -SITE
CONSUMPTION, AND DRIVE-THRU CAR WASH ON 1.58 ACRES AT THE NORTHEAST
CORNER OF COOK STREET AND GERALD FORD DRIVE, 36-650 COOK STREET Case
No. CUP 00-06 Amending PP/CUP 96-10 (Mobil Oil Corporation and Urrutia Architects,
Applicants).
Mayor Crites stated that there was a request to continue this matter to the meeting of
September 14, 2000.
Mr. Smith noted that the developer was having a photo analysis done to better display the actual
project. He said Mr. Frank Urrutia had spoken with the Mayor and would be contacting some
other Councilmembers as well.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request. No testimony was offered.
Councilman Spiegel moved to continue this matter to the meeting of September 14, 2000. Motion was
seconded by Kelly and carried by a 4-0 vote, with Mayor Pro-Tem Ferguson ABSENT.
XIV. ORAL COMMUNICATIONS
None
XV. ADJOURNMENT
Upon motion by Spiegel, second by Kelly, and unanimous vote of the City Council, Mayor Crites
adjourned the meeting at 8:22 p.m.
ATTEST:
HEILA R. GILL1GAN, CCLERK
CITY OF PALM DESERALIFORNIA
BUFOIS A. CRITES, MAYOR
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