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HomeMy WebLinkAbout2000-02-24MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:00 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Ramon A. Diaz, City Manager David J. Erwin, City Attorney Sheila R. Gilligan, Acting Assistant City Manager Rachelle D. Klassen, Acting City Clerk Carlos L. Ortega, RDA Executive Director Richard J. Folkers, ACM/Director of Public Works Gary Bitterman, Director of Building and Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer HI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 10, 2000. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 38, 39, and 39PD Office Complex. Rec: Approve as presented. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. MINUTES of City Committee and Commission Meetings. 1. Golf Course Committee Meeting of January 13, 2000. 2. Housing Commission Meeting of January 12, 2000. 3. Library Promotion Committee Meeting of January 12, 2000. 4. Promotion Committee Meetings of December 21, 1999, and January 18, 2000. 5. Public Safety Commission Meetings of December 15, 1999, and January 19, 2000. Rec: Receive and file. D. REOUEST FOR APPROVAL of Contract No. C17310 — Auditing Services for the City of Palm Desert, Palm Desert Redevelopment Agency, Palm Desert Housing Authority, Desert Willow Golf Resort, and Palm Desert Recreational Facilities Corporation for the Fiscal Year Ending June 30, 2000 (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY AND THE PALM DESERT HOUSING AUTHORITY). Rec: By Minute Motion, approve the subject contract with Diehl, Evans & Company, LLP/Oscar G. Armijo, CPA, a Joint Venture, Palm Desert, California, for the auditing services as outlined in the proposal dated February 7, 2000, and authorize the Mayor/Chairman/Chairman to execute same. E. REOUEST FOR APPROVAL to Construct a Parking Lot Adjacent to the Bureau of Land Management Visitor's Center Access Road. 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. F. REOUEST FOR APPROVAL of Southern California Edison Easement at the Desert Willow Clubhouse. Rec: By Minute Motion, authorize an easement to Southern California Edison for services provided to the Clubhouse and the Desert Willow Golf Resort. G. REOUEST FOR AUTHORIZATION to Reject All Bids and Negotiate with Qualified Contractor for the Construction of Carport Fencing at the Parkview Office Complex (Contract No. C16690-A). Rec: By Minute Motion, authorize staff to reject all bids received for the subject project and to negotiate with qualified contractor for completion of the work. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * H. REOUEST FOR APPROVAL of Recommendation by Legislative Committee to Advocate the Collection of a Reasonable Sales Tax for All Internet Transactions. 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. I. REOUEST FOR APPROVAL of the Beer Concession for SpringFest 2000. Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages on City -owned property in conjunction with a special event, SpringFest, scheduled to be held Sunday, April 9, 2000. J. REOUEST FOR WAIVER of Fees Associated with the Palm Desert Middle School Graduation Ceremony to be held on the Civic Center Park Amphitheater Stage. Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held on Tuesday, June 13, 2000. K. REOUEST FOR APPROVAL of Extension of Equipment Lease for Beverage Cars at the Desert Willow Golf Resort (Contract No. C 149611. Rec: By Minute Motion, approve of the subject equipment lease extension with E-Z Go/Textron, Augusta, Georgia -- monthly lease payments of $557.46 will be paid for through the Desert Willow operating budget. L. REOUEST FOR APPROVAL of Consultant Contract to Provide Staff Training in the Areas of Conflict Resolution and Anti -Harassment (Contract No. C173301. Rec: By Minute Motion, approve the subject contract with Resource Management Alliance, San Diego, California, in an amount not to exceed $20,000 and authorize the Mayor to execute same. Mayor Pro-Tem Ferguson asked that Item H be removed from the Consent Calendar for separate discussion under Section IV, Consent Items Held Over. Councilman Spiegel asked that Item E also be removed for separate discussion. Upon motion by Kelly, second by Ferguson, the remainder of the Consent Calendar was approved as presented by unanimous vote of the Council. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 .,„,,, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT ITEMS HELD OVER E. REOUEST FOR APPROVAL to Construct a Parking Lot Adjacent to the Bureau of Land Management Visitor's Center Access Road. Councilman Spiegel stated that the reason for this parking lot was primarily for hikers to take their dogs. He said there was a lot of concern on the part of the Bighorn Sheep group that this not be used for dogs. He felt this issue needed to be resolved prior to spending $15,000 on a parking lot. Mr. Drell stated that in preparing this report, staff forgot that the property was not within the City of Palm Desert but was within the County of Riverside, and the City could not unilaterally approve a project not under its jurisdiction. He said the revised recommendation would be to initiate the process of investigating the construction of this parking lot and all that it entails, including consultation with the Fish and Game/Fish and Wildlife Service and, ultimately, application for the project before Riverside County. Councilman Spiegel moved to, by Minute Motion, initiate the process of investigating the potential for a parking lot at the subject location as described by Mr. Drell. Motion was seconded by Ferguson and carried by unanimous vote. H. REOUEST FOR APPROVAL of Recommendation by Legislative Committee to Advocate the Collection of a Reasonable Sales Tax for All Internet Transactions. Mayor Pro-Tem Ferguson asked that this item be removed for the purpose of having a separate vote. Mayor Pro-Tem Ferguson moved to, by Minute Motion, concur with the subject recommendation by the Legislative Committee and approve support of any legislative efforts to collect sales tax on Internet sales. Motion was seconded by Spiegel and carried by a 4-1 vote, with Mayor Pro-Tem Ferguson voting NO. V. RESOLUTIONS A. RESOLUTION NO. 00-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 1999/2000 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS (DESERT WILLOW). Mr. Diaz noted the report and resolution in the packets and stated that Finance Director Paul Gibson was available to answer any questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-20. Motion was seconded by Kelly and carried by unanimous vote. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 935 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A TECHNOLOGY COMMITTEE FOR THE CITY. Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 935. Motion was seconded by Kelly and carried by unanimous vote. B. ORDINANCE NO. 936 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 900, INCREASING THE MEMBERSHIP OF THE ART IN PUBLIC PLACES COMMISSION TO NINE MEMBERS AND THREE NONVOTING LIAISONS. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 936. Motion was seconded by Kelly and carried by unanimous vote. VII. NEW BUSINESS A. REOUEST FOR AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION INSPECTION/OBSERVATION SERVICES ON VARIOUS CITY TRAFFIC SIGNAL PROJECTS (CONTRACT NO. C17340). Mr. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer any questions. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute a sole source agreement with Jerry L. Hahs, P.E., Redlands, California, in an amount not to exceed $50,000 for construction inspection/observation services on various traffic signal projects -- funds are available in Account No. 110-4250-433-3325. Motion was seconded by Kelly and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REOUEST FOR AWARD OF CONTRACT FOR PROFESSIONAL DESIGN SERVICES FOR THE STREET IMPROVEMENTS AND NEW BRIDGE OVER THE SAN PASCUAL CHANNEL FOR MAGNESIA FALLS DRIVE BETWEEN MONTEREY AVENUE AND PORTOLA AVENUE (PROJECT NO. 648-99, CONTRACT NO. C17350). Mr. Diaz noted the report in the packets and stated that Mr. Folkers was available to answer any questions. Councilman Spiegel asked if this was putting the cart before the horse and whether all the people involved with the bridge over Magnesia Falls had been spoken with. He said to spend this kind of money without getting a feeling of how the majority of the people would like to see the City go did not make a lot of sense to him. He said because of that, he was not in favor of this project at this point in time. Councilmember Benson agreed and said she thought the Council had asked that a meeting be held with the Monterey homeowners before bringing this item back to the Council for approval. Mr. Folkers responded that staff had met with the Monterey Homeowners Board. Councilmember Benson said she knew it had been to the Board, but the members wanted to hear about it as well. Mr. Folkers stated that a tentative meeting had been set for Thursday, March 16th, to meet with all of the people from Monterey all the way over to Deep Canyon, and staff would be notifying everyone of that meeting. Councilmember Benson stated she did not feel the Council should vote on this matter until after that meeting. Mayor Pro-Tem Ferguson disagreed and said the long-term capital budget for at least the last three years had included the extension of Magnesia Falls to Portola Avenue. He said he felt the Council should move forward with this project. Councilman Kelly agreed with Mayor Pro-Tem Ferguson and said that this was something that would have to be done sooner or later because of the traffic situation, and extending Magnesia Falls was a logical thing to do. He added that there are grants available from the State, and having a project engineered and ready to go gives a city a big leg up in getting a grant. Councilmember Benson agreed but said she remembered the Council made a promise to the people in Monterey Country Club that Magnesia Falls would not be put through unless it had their approval to do so. She expressed concern that the City's credibility is at stake since they 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * were told the City would meet with them before this was ever done, and that meeting had not been held. Mayor Pro-Tem Ferguson moved to, by Minute Motion: 1) Award the subject contract to ASL Consulting Engineers, Palm Springs, California, in the amount of $214,510 plus a ten percent (10%) contingency of $21,451, totaling $235,961 -- Measure A Funds are available in Account No. 213-4626-433-4001; 2) authorize the Mayor to execute said agreement. Motion was seconded by Kelly and was DEFEATED by a 2-3 vote (Mayor Pro-Tem Ferguson and Councilman Kelly voting AYE; Councilmembers Benson and Spiegel and Mayor Crites voting NO). Councilman Spiegel stated he was not suggesting that staff should not bring this back to Council, but he was suggesting strongly that staff meet as soon as possible with residents of Monterey Country Club and come back to the Council with their feelings. Mayor Pro-Tem Ferguson stated that when staff has talked with the duly elected Homeowners Association elected by the residents, he felt they should be trusted to communicate with their residents. He said he did not remember Council making any promise that it was going to hold Magnesia Falls hostage to the will of the people in Monterey Country Club. He said the Council runs the City, not the residents of Monterey Country Club. Councilmember Benson stated that Mayor Pro-Tem Ferguson was not on the Council when that promise was made. C. REOUEST FOR APPROVAL OF BUSINESS VISITATION GRANT FUNDING AND SUBCONTRACTORS TO PERFORM FUNCTIONS RELATED THERETO. Mr. Diaz noted the staff report in the packets and stated that Ms. Moore was available to answer any questions. Councilman Spiegel asked if this money was coming from the County. Ms. Moore responded that the funds were coming from the County. She said the City has to provide proof that monies were paid, and the County will reimburse the City. Ms. Moore noted a change to the contract and said she had received notification the previous day from the attorneys for College of the Desert requesting that paragraph 13 on page 6 of the contract be removed. She said this paragraph was standard in City contracts and dealt with business licenses. She added that since the City did not regulate College of the Desert for business licenses, they had requested that this paragraph be removed, and the City Attorney had agreed with the request. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to, by Minute Motion, and as amended to remove the requirement for obtaining a City business license from the contract with College of the Desert due to its exempt status: 1) Appropriate $30,000 from the Unobligated General Fund to be set into an account for payment of services for the Business Visitation Grant with the County of Riverside and budget $30,000 as revenue to the General Fund from the County of Riverside for same; 2) approve amendment to Contract No. C16950 with the County of Riverside Economic Development Agency (EDA) (funded by a grant) per budget items outlined in accompanying Exhibit "B," as follows: a) Expanded Survey Mailing ($2,500); b) contract services with the College of the Desert, Economic Development & Community Education ($22,000), authorizing the Mayor to execute same; 3) approve the following subcontractors' agreements and authorize the Mayor to execute same: a) College of the Desert, Economic Development & Community Education (Contract No. C16950-A1 in an amount not to exceed $22,000; b) Palm Desert Chamber of Commerce Education (Contract No. C16950-B) in an amount not to exceed $4,000. Motion was seconded by Kelly and carried by unanimous vote. D. REOUEST FOR APPROVAL OF EXTENSION OF AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES AT THE DESERT WILLOW CLUBHOUSE (CONTRACT NO. C16021). Mr. Diaz stated that Mr. Yrigoyen was available to answer any questions. Mr. Yrigoyen stated that the final owner walk-through was scheduled for February 29, 2000, for the building. He said there were sure to be a few punch list items to be cleaned up after that walk-through, but it was staff's intention to give Kemper the keys to the building on March 1st. Mayor Pro-Tem Ferguson asked how much the City would have paid to Mr. Levin at the end of his contract. Mr. Yrigoyen responded that with the approval of this item, it would be $79,000 since May. He said the original proposal received from the other company to provide construction management services was to October, 1999, and their request was for $90,000. Councilman Spiegel moved to, by Minute Motion, approve of the subject extension of contract with Allan Levin Associates, Palm Desert, California, and appropriate $19,000 from the City's Project Fund for same. Motion was seconded by Kelly and carried by a 4-1 vote, with Mayor Pro-Tem Ferguson voting NO. VIII. CONTINUED BUSINESS A. CONSIDERATION OF SECONDARY ACCESS AT VISTA PASEO (Continued from the fi meetings of November 18, and December 9, 1999, and January 27, 2000). Mayor Crites stated that per staff's recommendation, it appeared that neither group of homeowners (Vista Paseo and Indian Creek) is supportive of a second access for the Vista 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paseo development. He said staff's recommended action was to receive the report and the information, file that, and not take any further action. Mayor Crites invited testimony from the audience. MR. LEN STUESSEL, President of the Vista Paseo Homeowners Association, stated that at a special meeting in the Council Chamber in January, the homeowners were asked to present to the Council a survey of the people in Vista Paseo. He said this had been done, and a letter was submitted with an attachment showing the results of that survey. He added that the survey was done with names and addresses, and the result was a 90.5 % negative response to provide second access. He said there was also a letter that came from the attorney for the Indian Creek homeowners stating they did not want to have the gates opened either. Councilman Spiegel moved to, by Minute Motion, receive and file the report with no additional action. Motion was seconded by Benson. MR. DEAN SCHUMAN, 72-495 Pitahaya, stated that with regard to the survey, he had names of sixteen residents within Vista Paseo who wanted to have the gate opened. He said he felt the survey was a little misleading. He said the residents had been misled a lot since last June. Some of the residents thought that if the Bursera gate is opened, the Edgehill gate will be closed. Mr. Bill Sprigg, who spoke last month, believed the convenience would be destroyed, and if the secondary access was implemented, residents would be asked to backtrack through the tract and make a left turn onto Highway 74, which was a dangerous situation. He said opening the secondary access would just give people the option of going a different way. He added that people were led to believe that the only way they could get out was Bursera. He said he had 116 signatures of people who want the gate opened, 16 of whom are Vista Paseo residents. He said he also had a letter where the City verbally promised two gates at Vista Paseo, and there was only one. Mayor Pro-Tem Ferguson stated that a lot of time had been spent talking about a gate, and it seemed the issue was traffic speeds in the neighborhood. Mr. Schuman agreed that it was traffic speeds and volume of traffic. Mayor Pro-Tem Ferguson asked if the Mr. Schuman would really care whether or not Vista Paseo had a second gate if the traffic speed and volume were addressed. Mr. Schuman said if these concerns were satisfied, the second gate would not be needed. He said the second gate would merely give residents a second way to get into and out of their development. Mayor Pro-Tem Ferguson stated that implicit in Mr. Schuman's reasoning was that the source of the traffic speed and volume were Vista Paseo residents. Mr. Schuman agreed. Mayor 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Pro-Tem Ferguson stated that what he got from the comments and communications was that the Vista Paseo residents felt their quality of living would be destroyed by opening up the second gate, and Mr. Schuman felt the speed of the Vista Paseo traffic was destroying his neighborhood. Mr. Schuman stated that Pitahaya and Edgehill gets all the traffic from Vista Paseo, including gardeners and construction traffic. MS. SHAWNA MURPHY, resident on Hedgehog Street, agreed that there was an incredible amount of traffic on that street. She said her street was the first one people can take to cut over to Highway 74, and there was a lot of traffic in this very active neighborhood. She said she did not see where opening the second gate would cause a problem. DR. FELICIOTTI, 1506 Sandpiper, stated that several people had noted that the stop sign slowed people down, but it was also the start of another race down Edgehill. He said the volume of traffic was still a factor, with a lot of trucks going up and down the street. MR. CHARLES DURNAN, 1507 Edgehill, said the issue to him was not whether there is a gate or not. The issue was volume and speed, and speed was his greatest concern, especially at dusk and early in the morning when people are walking. He said he would like more discussion as to what can be done to make the road safe. MR. TERRY FAICKNEY, resident at the corner of Hedgehog and Edgehill, stated the gate to Vista Paseo was directly behind his home. He said when the walls were put up and the grading for the Vista Paseo property was started, the City sent notices to adjacent homeowners. A meeting was held in December of 1987 or early 1988 where developer Lowell Wooden showed a map of the entire project, including entrances and emergency access. A Fire Department representative was there to approve the emergency gate which went out to Shadow Mountain, and this was now walled up. He said it was promised by Mr. Wooden and the City Council at that time that when the second part of the development was completed, a second gate would be opened at the south end. He said he had a report showing traffic counts, and the average daily count of traffic on Hedgehog was 343 cars, approximately one car every four minutes round the clock. He asked that the Council follow through on what was written, said, and agreed upon — that there would be access for the Fire Department (now walled up) and a second access at the south end when the project was completed. He also expressed concern that students were dropped off by the bus at Shadow Mountain near Highway 74, and the only way they can get to their homes in Vista Paseo, other than going over the wall, is to walk down Shadow Mountain to Hedgehog and all the way around to enter through the gate. He said there were approximately 30 homes on his street and some vacant lots. A petition had been circulated and signed by approximately 90% of the homeowners requesting that what had been promised be done. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MS. DVORA KRONICK, resident of Vista Paseo, questioned the Vista Paseo residents being portrayed as being less than responsible and not caring about their neighbors. She said Edgehill was not a heavily traveled road. There is now a stop sign and a 25 miles per hour speed limit, and she questioned the entire matter. She also asked who would pay for a new gate if it is decided to approve the second access because the gate that is now there is strictly an access gate for the Fire Department. She expressed concern with water coming down the streets from the project above them, and the gate that is there now was designed specifically to control the water. MR. BILL HOOPES, 72-678 Pitahaya Street, spoke in favor of the opening of a secondary access. MR. STUESSEL stated that he had the traffic count done by the City on Edgehill and felt it was probably twice what it ought to be, and something was wrong with the numbers. Mayor Crites asked for Council comments and/or questions. Councilmember Benson stated that having been around when the development was first approved, the resident who spoke relative to the emergency gate was correct that it was supposed to be for emergency access only. When it came back to Council, the compromise was that it would remain an emergency access until the second phase was developed. She said there was no promise to the people down below that the gate would not be opened, and the inference was made that it would be addressed when the second phase was sold out. Councilman Kelly asked if the Council had the power to order someone to open the gate if that was the decision made. Mr. Erwin stated that there was no application pending before the Council that would allow that condition to be imposed. He said the property was privately owned, and the Council did not have the ability in the current scenario to require that to occur. Mayor Pro-Tem Ferguson stated that he would vote against the staff recommendation because he felt it was clear that something needed to be done to address the problems on Edgehill. He said he had serious doubts that opening a gate would solve that problem. He said if everyone is taken at their word and a gate is put in that people who live in Vista Paseo may elect to use or not use (since only they would have keyed access), 88 people would not use it and would continue to use Edgehill, and 16 people indicated they might use it. This might reduce the traffic flow on Edgehill by 16 cars, and he did not think this would address the problem of all the residents on Pitahaya, Hedgehog, and Edgehill. He said he did think there may be issues with traffic volume, although he would be surprised because residential streets are engineered to accommodate 10,000 cars per day, and there was not that type of count on Edgehill. He said he did understand that there may be an issue with respect to speed because there was no convenient access to Highway 74, and it was difficult to turn left without a light. He added 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * if there was a problem with speed, the City should look at speed, and if it's a problem with volume, then volume should be looked at. But to force people to open a gate they do not wish to open, on private property, he felt was creating another problem where one did not exist. He said that two problems did not correct a situation. He added that this had become a debate about a gate rather than a debate about public safety and safe travel on City streets. Councilman Spiegel stated that Councilmember Benson had brought him up to date on this matter since he was not on the Council when this was originally planned. He said he was going with staff' s recommendation because he was under the impression that it was always planned to be just the way that it is now. Councilmember Benson had corrected him, and he said he would like to have the matter revisited. He agreed with Mayor Pro-Tem Ferguson that opening the gate might not be the answer, but he felt the whole traffic situation needed to be further addressed. Councilman Kelly agreed that opening the gate would not solve the traffic problems and said the City did not have the right to order someone on private property to open the gate. Mayor Crites asked that staff look through the records one more time with regard to the second phase of Vista Paseo and the issue of the gate. He said unless it is memorialized in the record, either as a condition or as a revision, legally it cannot be done. Mr. Erwin stated that the condition was not there from the information he had. Mayor Crites stated that if the City had the ability to open the gate, he felt people who live immediately to the south in Indian Creek Villas would also not wish to have this happen because they, too, have a private street that would be affected. He stated that he remembered being on the Planning Commission when some of Pitahaya and Beavertail and those areas were being developed, and the residents of Sandpiper expressed the same concerns then that have been expressed about the Vista Paseo development, that their area used to be a nice place to live before those residences were built. He noted that every additional incremental development nearby reminds people of how much it was better when they were the last people to move into an area. He said perhaps Mayor Pro-Tem Ferguson's comment about looking at management of volume and speed were things the Council can do. Mayor Pro-Tem Ferguson stated that the Council tries to address concerns of the residents, and petitions are helpful in letting the Council know of those concerns. He said while petitions were helpful information, they did not govern the City. He said the representations that may have been made by previous City Councils and Councilmembers, while instructive on what the thinking was then, did not bind this Council now. He added that he had read the letter from the developer, who did promise a second access, but unless it got entitled with the property, it was an empty promise. He said the bottom line was that the Council has to do what is best for the City of Palm Desert. He said if there were problems on the street, they 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * needed to be addressed rather than pitting neighbor against neighbor over a gate, the opening of which he was not convinced would solve anyone's problem. Councilman Spiegel stated that the real question was whether it is a private street. If the people in that development pay to maintain the street, pay to put the asphalt down, pay to resurface it, etc., it is a private street. Mayor Crites stated that it made no difference whether it is a private or public street — the difference is whether or not there is an agreement that the second gate be opened at some point in time, and there is no such agreement. Mayor Pro-Tem Ferguson moved to, by Minute Motion, not accept the staff recommendation to receive and file the report with no additional action and that staff continue to study problems associated with traffic on Edgehill and adjacent streets, particularly the commercial traffic. Motion was seconded by Kelly and carried by unanimous vote. With Council concurrence, Mayor Crites recessed the meeting at 5:12 p.m. to allow audience members time to leave the meeting if they so wished. He reconvened the meeting at 5:17 p.m. B. CONSIDERATION OF PLANS TO COOPERATE WITH LOCAL SCHOOLS FOR ARTISTIC TREATMENT FOR FRED WARING WELL SITE ENCLOSURE (Continued from the meeting of January 27, 2000). Councilmember Benson moved to, by Minute Motion, continue to the meeting of March 23, 2000. Motion was seconded by Spiegel and carried by unanimous vote. IX. OLD BUSINESS A. REOUEST FOR APPROVAL OF PROPERTY EXCHANGE AGREEMENT WITH PALM VALLEY HOMEOWNERS ASSOCIATION (CONTRACT NO. C17360). Mayor Crites noted the report in the packets and stated that Mr. Folkers was available to answer any questions. Mayor Pro-Tem Ferguson stated that the Council had driven out to look at this property one day, and Mr. Folkers had comments at that time relative to preserving a bicycle path along the Union Pacific railway. He asked whether this vacation would affect that bicycle path. Mr. Folkers responded that there was the possibility of having an easement go through it. Mr. Joe Gaugush, Engineering Manager, addressed Council and stated that there was specific language within the agreement which stated that the City reserves an easement for those very 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * purposes. He said it was structured in the agreement as a 20-foot wide easement, and if this was not sufficient, it could be widened. Mayor Crites asked if there were concerns at the staff level that the 20-foot width was not adequate. Mr. Gaugush responded that the 20-foot width would accommodate any type of improvements the Council might consider for pedestrian or bicycle purposes. Mayor Crites asked if staff would have any objections to the easement being 30 feet wide, and Mr. Gaugush responded that staff had no objections to that. Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute the subject agreement, as amended with a 30-foot easement for the City. Motion was seconded by Kelly. Councilman Kelly asked what would be on the easement. Mr. Gaugush responded that there would be nothing at this time. He said if in the future a pathway of sorts was desired along there, the City would have the ability to construct on that property. Councilman Kelly stated that sometimes people will build something on a piece of property, even though there is an easement, and then there is a big battle when the City wants to do something there. Mayor Crites stated that staff would make sure this would be memorialized as a 30-foot easement for the City. Councilman Kelly stated that he wanted to make sure there was something stating that no one was allowed to build anything on that property, and Mr. Gaugush responded that the language would be changed to emphasize that point. Mayor Crites called for the vote, and the motion carried by unanimous vote of the Council. B. REOUEST FOR APPROVAL OF FLEET VEHICLE PURCHASE. Councilman Spiegel moved to, by Minute Motion, award the purchase of two (2) Honda GX dedicated natural gas sedans to Unicars Honda, Indio, California, in the amount of $36,746.58. Motion was seconded by Ferguson and carried by unanimous vote. C. REOUEST FOR AWARD OF CONTRACT FOR YEAR 2000 CITYWIDE TREE TRIMMING PROGRAM (CONTRACT NO. C17090). Councilman Spiegel asked whether the Landscape Committee had reviewed this, and Mr. Diaz responded that he did not believe it had been reviewed by that committee. Mayor Crites stated that he did not think the Landscape Committee had reviewed this; however, he believed this firm had in the past been qualified and had performed good service. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to, by Minute Motion, award the subject contract to Golden Bear Arborists, Inc., Monrovia, California, in the amount of $65,706 plus a ten percent (10%) contingency in the amount of $6,570, totaling $72,276.60 for the project, and authorize the Mayor to execute same. Motion was seconded by Crites and carried by unanimous vote. D. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A REQUEST FOR A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 27055 Case No. TT 27055 (Mainiero, Smith and Associates, Inc., Appellant). Mr. Diaz stated that the staff recommendation was that this matter be referred back to the Planning Commission for reconsideration of the request. He added that a request had also been received for continuance of this matter to the next City Council meeting. Councilman Spiegel stated that this was the fourth year the appellant had requested a one-year extension, and the Planning Commission felt enough was enough. Mayor Pro-Tem Ferguson asked why staff was recommending that it be referred back to Planning Commission. Mr. Drell responded that staff would basically provide the entire file to the Planning Commission so its members can review the full file to determine whether it still thought the plan as approved was consistent with all the City's goals and objectives. Mr. Diaz added that the reason for referring this back to Planning Commission was so that they could have some findings as to why they would deny the time extension. Councilman Kelly moved to, by Minute Motion, refer this appeal back to the Planning Commission so that it may attach the appropriate findings to its resolution or reconsider the request. Motion was seconded by Benson. Upon question by Mayor Pro-Tem Ferguson, Planning Manager Steve Smith responded that the letter from Mainiero, Smith and Associates, Inc. was received at approximately 2:00 p. m. that afternoon. Mayor Pro-Tem Ferguson asked whether the applicant wanted Council to consider this request or if he wanted to go back to Planning Commission. Mr. Smith said the applicant knew staff was making this recommendation. Mayor Crites called for the vote, and the motion carried by unanimous vote. E. CONSIDERATION OF REVISION FOR APPROVED HEIGHT EXCEPTION FOR THE VILLAS AT MARRIOTT TIMESHARE (SHADOW RIDGE) AT MONTEREY AVENUE AND FRANK SINATRA DRIVE (36-750 MONTEREY AVENUE) Case No. PP/CUP 98-5 (MBH Architects, Applicant). Mr. Steve Smith, Planning Manager, stated that plans had been included in the Council packets. He said the original preliminary approval provided for three-story villa units with 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a maximum ridge height of 36 feet, and it was approved by Architectural Review Commission in July of 1999. The Council original approval provided for maximum height of three stories and 36 feet. Working drawings were subsequently reviewed by Architectural Review Commission at its meeting of February 8, 2000, and they showed structures significantly different from what was given preliminary approval. He said the main ridge line remained at 36 feet, but it included tower elements at 40 feet and 44 feet. The Architectural Review Commission felt the working drawings were far superior to the preliminary design and approved the plans. Because it was different from what Council had originally seen, staff brought the matter to the Council for consideration. He said staff's recommendation was that Council approve the working drawings as submitted and affirm the action of the Architectural Review Commission. He added that a representative from Marriott was available to answer any questions and explain why there was a change to the drawings. Mayor Pro-Tem Ferguson asked if the meeting of the Architectural Review Commission included the new members. Mr. Smith responded that the new members were present, and the vote was 6-0 to approve the project. Mayor Crites asked if there was something in the previous approval which compelled Marriott to build the ridge line at 36 feet. Mr. Smith stated that the condition of Council's original approval in 1998 limited the height to three stories and 36 feet maximum. Mayor Crites stated that this would mean someone could have tower elements up to 36 feet and a ridge line that is lower, etc. , as long as it was all under 36 feet. Mr. Smith stated that the approval did not distinguish one from the other. He added that approval had been granted on the sales building at 36 feet and the tower at 40 feet. It was done through the appeal process, and that building was currently under construction. MR. CHARLES ODEN from Marriott offered to answer any questions. He said they felt the Architectural elements were necessary because the sales center has the same architectural features, and they wished to continue those. He said the exception was granted for that building, which was currently under construction and would be completed in approximately 60 days. He apologized that the architect for the project was not able to attend the Council meeting but said he had a list of the architect's comments to present to the Council. Councilmember Benson asked when the approval for the sales center was granted with the additional height and whether it had come back to the Council. Mr. Smith stated that it was April or May of 1999. He said the height of that building was reduced from 36 feet to 32 feet, but they added in the tower elements at each end of the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * building at 40 feet. He said by reducing the ridge height from 36 feet to 32 feet, they created more impact for the tower elements. Mayor Crites asked if the applicant was choosing to do the same thing with this building, reducing the building height from 36 feet to 32 feet. Mr. Smith responded that the ridge line of the main structure would remain at 36 feet. Councilman Spiegel stated that his understanding was that the neighbors to the west of this project were involved in discussion on height. He asked if they were made aware that the height of the building was going to be raised. Mr. Smith stated that the neighbors were not notified, but he did have a conversation with the architect earlier that day, asked how close the nearest residence was, and was advised that it was 1,657 feet to the nearest residence. He said it appeared the difference in height would be negligible from that distance. Mayor Pro-Tem Ferguson asked how close was the closest building on Monterey. Mr. Smith stated that it was 240 feet to the closest building, and that was where the curve was on Monterey going into Rancho Mirage. Councilmember Benson stated she did not feel it was right that the Marriott was happy to receive approval of the project, accepted the conditions of approval, and then brought back working drawings different from what was approved. This meant going through the entire process again. Mayor Pro-Tem Ferguson stated that his original reaction was similar to that of Councilmember Benson, and he did not like the fact that there was much debate about height which was settled, and then working drawings were submitted which deviated from the approved height. He said looking at it from the developer's viewpoint, they would not be getting any more rooms, it was not any less expensive for them to add features that the Architectural Review Commission felt enhanced the aesthetics of the building, and he was not sure the closest residences would be bothered by another several feet. He said the bottom line was that he felt the building looked better. He said perhaps it was easy to attribute ill motives to the developer, but he did not know what could possibly motivate them to do so other than to have a better looking building, and he did not have a problem with it. Councilman Kelly stated that he had always been in favor of architectural features and did not feel they should be included in the height limit since he felt they actually made the building look lower. He said he did not feel Marriott had arbitrarily done this because they came back and asked for approval. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel stated it was his understanding that this modified design would not result in an increase in the number of rooms or the size of the rooms or any other attributes. He agreed with Councilman Kelly that it did make the building look better than the flat look. He agreed with Councilmember Benson that it was not much fun to bring things back to the Council over and over again, but Marriott had done a lot of things on this project for the City. He said they had redone their golf course because it was not a desert -oriented course, and they had moved roads back because of the proximity to the neighbors to the west. He said he would vote to approve this small change. Councilman Kelly stated he remembered there were a lot of problems when this project first came to the Council, and it was his thought at that time that he had never seen a developer make as many complete changes as Marriott made to that project, every change that the City requested. Mayor Pro-Tem Ferguson moved to, by Minute Motion, approve the revised height exception for the Villas buildings, consistent with the working drawings, and affirm the action of the Architectural Review Commission of February 8, 2000. Mayor Crites stated that there was a spirited discussion, and the decision of the Council was to approve the project at 36 feet. Several months later, the sales center was brought back and needed to be higher. They said they would reduce the height of the building from 36 feet to 32 feet and put the tower elements in. This time, the buildings were not going to be lowered to 32 feet, and now tower elements would be added as well. He said he would refrain from the value judgements that he personally felt about this process and what the architects had done, but he did not personally find it in keeping with what the Council approved, what the developer said they would do, or what they said Marriott Corporation would do. Motion was seconded by Spiegel and carried by a 3-2 vote, with Councilmember Benson and Mayor Crites voting NO. F. REOUEST FOR APPROPRIATION OF FUNDS FOR THE COMMERCIAL RECYCLING PROGRAM FOR RESTAURANTS AND BARS. Mr. Diaz noted the report in the packets and stated that Mrs. Gilligan was available to answer any questions. Councilman Spiegel moved to, by Minute Motion, appropriate funds from the Unobligated General Fund: 1) In the amount of $116,430 to Account No. 110-4511-442-3903 for the "Co-op Bar and Restaurant Recycling Program;" 2) budget estimated revenue in the same amount for FY 1999/2000. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Mayor Pro-Tem Ferguson ABSTAINING. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * G. REOUEST FOR APPROVAL OF CONTRACT EXTENSION FOR THE COMMERCIAL RECYCLING PROGRAM FOR RESTAURANTS AND BARS (CONTRACT NO. C 15231). Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to enter into the subject contract extension with the Department of Conservation, Division of Recycling, extending the grant period through April 30, 2000, for the commercial recycling collection operation from bars and restaurants in the Cities of Palm Desert and Palm Springs. Motion was seconded by Benson and carried by a 4-0-1 vote, with Mayor Pro-Tem Ferguson ABSTAINING. H. CONSIDERATION OF RECOMMENDATION MADE BY THE PUBLIC SAFETY COMMISSION RELATIVE TO THE CITY'S NEIGHBORHOOD TRAFFIC ENFORCEMENT PROGRAM. Mr. Diaz noted the staff report in the packets. Councilman Kelly moved to, by Minute Motion, concur with the recommendation of the Public Safety Commission and approve the program as submitted. Motion was seconded by Ferguson and carried by unanimous vote. X. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore noted her written report in the packets and offered to answer any questions. 2. Progress Report on Desert Willow Clubhouse Facility Mr. David Yrigoyen stated that staff was ready to turn over the keys to Kemper on March 1, 2000. The final walk-through was scheduled for February 29, 2000, with the building walk-through and fire walk-through on Friday, February 25th. Upon question by Mayor Pro-Tem Ferguson relative to a Council walk-through, Mr. Yrigoyen stated that it could be done on Friday or Monday. He said Kemper and the City representative would also have a walk-through on Friday to generate a punch list to go over with the contractor on Monday. Mayor Pro-Tem Ferguson stated that if Councilmembers wanted to add items to the punch list, they would need to do their walk-through on Friday as well. Councilman Spiegel asked when the furniture would arrive, and Mr. Yrigoyen responded that it was scheduled to come in on February 28 and 29. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites stated that Councilmembers would look at their calendars during the dinner break and let Mr. Yrigoyen know what time they would like to have their walk-through on Friday. 3. Report on Results of Customer Service Survey Ms. Moore noted her written report in the packets and offered to answer any questions. She said the winners would be announced next month. B. CITY MANAGER 1. Status Report on Department of Building & Safety Projects. Mr. Diaz introduced the new Director of Building and Safety, Mr. Gary Bitterman. Mr. Bitterman reviewed his status report dated January 27, 2000, noting the total valuation for 2000/2001 was projected to be approximately $154 million. He said extending the year-to-date figures for valuation for this fiscal year, it was projected to be approximately $150 million. He offered to answer any questions. 2. Consideration of Rescheduling City Council Bus Tour and Setting Date for Same. Mr. Diaz stated that this would be a joint City Council/Planning Commission bus tour. Mayor Crites suggested that this be done at the end of Closed Session, while the Councilmembers have their calendars available. 3. Mr. Diaz stated that he had spoken with George Watt of Indian Wells, and the Indian Wells City Council had selected Councilmembers Byrd and Monarch to meet to discuss Fred Waring and Highway 111. He said Councilman Kelly volunteered to serve as a Palm Desert representative and asked if the Council wished to appoint a second member to serve as well. Councilman Spiegel and Mayor Pro-Tem Ferguson offered to serve. Mayor Crites stated that whichever Councilmember's schedule fits best would accompany Councilman Kelly on this committee. 4. Mr. Diaz stated that staff was setting a meeting of the Annexation Committee for the following week. He said the Committee needed to answer the Sun City annexation issues in question and come back to the Council. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Request from Soroptimist International of Palm Desert for Funding for Kleig Lights for the Fourth Annual El Paseo Art & Wine Tour. Mr. Diaz stated that Mrs. Gilligan had asked that this item be added to the Agenda for consideration. Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Kelly and carried by unanimous vote. Councilman Spiegel moved to, by Minute Motion, approve the request from Soroptimist International of Palm Desert to fund the use of three kleig lights at a cost not to exceed $900.00 for use in its fourth annual "Art & Wine Tour of El Paseo," to be held on March 3, 2000. Motion was seconded by Kelly and carried by unanimous vote. C. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time to consider the items listed on the Agenda. He asked that Council also add the following item to Closed Session which had arisen after the Agenda was posted: Conference with Legal Counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Council:itember Benson moved to add this item to the Closed Session Agenda. Motion was seconded by Ferguson and carried by unanimous vote. 1) Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Denise Oakley and Denise Weller v. City of Palm Desert, United States District Court - Central District of California, Case No. 99-07432MMM b) City of Palm Desert v. J. M. Madera, LLC (Caesar's Emperor), Riverside County Superior Court Case No. INC 012724 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 6 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) Revort and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK 1. Reminder to Adjourn this Meeting to 1:00 p.m. on Monday, March 6, 2000, for the purpose of conducting a Closed Session pursuant to Government Code Section 54957, regarding Public Employment: Titles of Positions: City Clerk City Manager City Attorney Redevelopment Agency Executive Director Ms. Klassen reminded Council to adjourn this meeting to 1:00 p.m. on Monday, March 6, 2000, for the purpose of conducting a Closed Session as noted above. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Civic Center Parking Shade Structures Council concurred. Mayor Pro-Tem Ferguson stated that he had spoken with Councilman Spiegel earlier in the day, had spent a good amount of time in Rancho Mirage lately on private business, and had reconsidered his comments about a shade parking structure in the Civic Center parking lot. He said he had looked at the City's ordinance relative to shading in parking lots and met with members of the Planning Department, and all were pressed to come up with a single example of any parking lot within the City of Palm Desert that actually met the City's ordinance, save The Gardens of El Paseo, which by definition did meet 50% since the lower level was completely shaded. He said he had looked at how much shade there is in the Civic Center parking lot, which was minimal at best. He said it was difficult to hold developers' feet to the fire on shade when the City cannot meet its own ordinance. He suggested that ZORC be directed to look at the ordinance to see if it is possible to come up with something more realistic. He said he was also requesting that the Council approve shade structures in the Civic Center parking lot. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * o City Council Committee Reports: None Councilman Spiegel moved to adjourn the meeting at 5:53 p.m. to Closed Session. Motion was seconded by Kelly and carried by unanimous vote. Mayor Crites reconvened the meeting at 7:05 p.m. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE BILL POWERS FOR HIS CONTRIBUTION TO THE CITY OF PALM DESERT AND ITS PROMOTION COMMITTEE (Continued from the meeting of February 10, 2000). On behalf of the City Council, Mayor Crites made a presentation to Bill Powers in recognition of his service to the City of Palm Desert as a member of the Promotion Committee. Mr. Powers thanked the Council and stated that he had enjoyed serving on the Promotion Committee. B. PRESENTATION TO RECOGNIZE DIANE MORGAN FOR HER CONTRIBUTION TO THE CITY OF PALM DESERT AND ITS CIVIC ARTS COMMITTEE. On behalf of the entire City Council, Mayor Crites presented an award to Ms. Diane Morgan and thanked her for her efforts as a member of the Civic Arts Committee. Ms. Morgan thanked the Council for giving her the opportunity to serve on the Civic Arts Committee. C. PRESENTATION OF PROCLAMATION DECLARING THE MONTH OF MARCH 15 - APRIL 15, 2000, AS "BE COUNTED MONTH" IN THE CITY OF PALM DESERT. MR. WALTER MCINTYRE, former City of Indian Wells Councilmember and currently coordinating local outreach for the 2000 Census, thanked the Council for this proclamation and said he felt it was important to get the word out about the responsibility of the citizens to get the correct count for the Census. He noted that the process would begin in approximately two weeks, and over 117 million residents throughout the United States would be notified that the Census questionnaire was coming, to be filled out and returned by April 1, 2000. He 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * added that the hope was that they could get a better count than ten years ago because otherwise there was the possibility of losing $70 million or more if everyone is not counted. D. PRESENTATION OF PROCLAMATION TO FORMER COUNTY OF RIVERSIDE FIRE CHIEF JAMES M. WRIGHT. With Council concurrence, this matter was continued to the meeting of March 9, 2000. E. PRESENTATION TO THE CITY COUNCIL BY THE LIVING DESERT. MR. LOU FEIRING, The Living Desert, addressed Council and introduced Ms. Meg Foley, Development Director. He said an event was held several weeks ago for The Living Desert's top 50 donors, and the City of Palm Desert was one of those donors. He said because no one from the City was able to attend the event, he wished to make the award at this meeting. On behalf of the Board of Trustees, Karen Sausman, and The Living Desert staff, Ms. Foley presented to the Council a plaque and also a plate designed by Palm Desert artist Laurie Muir, the great-granddaughter of environmentalist John Muir. F. APPOINTMENTS TO THE SISTER CITY SUBCOMMITTEE OF THE CIVIC ARTS COMMITTEE. Councilman Spiegel moved to, by Minute Motion: 1) Appoint Donna Jean Darby to the Civic Arts Committee to fill the unexpired term of Diane Morgan on the Palm Desert Civic Arts Committee; 2) appoint Evelyn Bennett, Donna Jean Darby, and Peggy Steen to the Sister City Subcommittee as members of the Civic Arts Committee; 3) appoint Fay McGrath, Nancy McIntosh, Rosemary Ortega, and Arlette Poland to four-year terms, expiring December 31, 2004, as members of the Sister City Subcommittee of the Civic Arts Committee. Motion was seconded by Ferguson and carried by unanimous vote. G. APPOINTMENT TO THE ARCHITECTURAL REVIEW COMMISSION. Councilman Spiegel moved to, by Minute Motion, appoint Kristi Hanson to the Architectural Review Commission. Motion was seconded by Ferguson and carried by unanimous vote of the Council. H. PRESENTATION OF PROCLAMATION DECLARING FEBRUARY 24, 2000, AS "JOSEPH SOLOMON DAY" IN THE CITY OF PALM DESERT. Mayor Crites read and presented a proclamation to Joseph Solomon, Palm Desert's "Mayor of the Day." He thanked Mr. Solomon for all he had given to the City and to the Coachella Valley. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A 10,000 SQUARE FOOT RESTAURANT AND, AFTER 9:00 P.M., A BAR, LOUNGE, AND NIGHTCLUB WITH DANCING, INCLUDING LIVE MUSIC AND DISC JOCKEYS, IN THE BUILDING LOCATED AT 72-600 DINAH SHORE DRIVE Case No. CUP 99-8 (Caesar's Emperor, Appellant) (Continued from the meetings of January 13, and February 10, 2000). The following is a verbatim transcript of this portion of the Minutes: Key BAC Mayor Buford A. Crites RAD Ramon A. Diaz, City Manager RAS Councilman Robert A. Spiegel TR Ted Royale JF Mayor Pro-Tem Jim Ferguson JJ Jesse Jimenez RDK Rachelle D. Klassen, Acting City Clerk BAC The first public hearing is a consideration of an appeal to a decision of the Planning Commission. Mr. City Manager. RAD Yes, Mr. Mayor and members of the Council. You have the staff report, and Mr. Smith or Mr. Drell can answer any questions you might have. BAC Okay. Are there questions? If not, I will declare this public hearing to be open and ask if there is anyone who wishes to offer testimony on this matter. Seeing no one... RAS I have a question. BAC Yes. RAS Is someone representing the owner here? (Unclear) BAC Well, then... RAS Now is the time. TR I put a card in. My name is... 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * BAC Right. The public hearing is declared and we request and that's the time to come forward, sir. TR Thank you. My name is Ted Royale, Tri-State Ancillary Legal Service. I am the tax representative for Mr. Jesse Jimenez, who is sitting in the audience here, and I have been handling his business taxes for the past decade, and I know the case here intimately. We would like to remain neutral and not make any comment whatsoever and let the City Council assert its will, do what it wants to do. The only comment that I would have to make, personally, after reading the record, is that I'm greatly disturbed by some of the things that I've read in the staff report and the record, which are absolutely untrue, and I think they should be corrected before the City Council moves on the matter. There are a number of items stated in the staff report that after you read the police reports and read everything connected to the case. I've spent the last four months reading it. You will find it's a bit off kilter, let's put it that way, being nice. There are statements made in those reports that have no connection to this business, and I'll give you an instance. A young man who passed away after attending a function at this club, not only in the headlines was it deemed homicide, but in the reports it states its a homicide. It turns out that the man's pacemaker generator failed after he left the club and was declared dead at Eisenhower. I have a copy of the autopsy and the death certificate, and I've talked to the people involved. He was wearing an Affinity Pacemaker upon which a recall had been made because the generators were failing. He drank a glass of ice water, left the club, collapsed in his brother's arms, and an ambulance was called by the security guard, yet every article in the newspaper and everybody slammed this club, saying that it was something that happened in the club, it was the result of a fight...garbage, absolute garbage. I've been through 13 police reports. Not one of them has anything to do with the club. I have them here if anybody wants to see them. There is things that happened in that center, happened near Taco Bell, Petsmart, all around the parking lot or blocks away from it, yet they keep tying it, trying to tie it to the club. It disturbs me, really disturbs me, that people would write things or put things in reports without checking the facts. If you have any questions about any of it, I'd be willing to answer, but Mr. Jimenez has said that he would like to just remain neutral and let you work your will. Thank you. BAC Thank you, sir. Is there anyone else who wishes to offer comment on this matter? There being none... RAS I have a question to ask. BAC Yes, sir. RAS There were conditions of approval for your CUP. There were nine of them. Are you in agreement with those nine conditions of approval? TR I'm almost as ill as I was last week, two weeks ago, when I came, but I'll try and answer you. The conditions for approval that were stated were based upon an agreement that was made at court for a temporary restraining order. In my humble and considered opinion, a temporary 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * restraining order should have never been issued, and had someone advised the court, respectfully, that the court was being fed lies, absolute falsehoods, with regard, the court would have never stood still for that temporary restraining order, and these conditions would not have been necessary. RAS That was not my question. My question... TR Your question is do we agree... RAS ...are you in agreement with it? TR No, we do not. RAS So you don't plan on having the two extra duty deputies and hours of operation eleven to two a.m., you have to be 21 years of age, etc., etc. BAC Let me ask it in a slightly different way, sir. While you may or may not be in agreement with those conditions, is it the intention of this business operation to be in compliance with those conditions? TR Thank you, Mr. Mayor. Those conditions were in place with the exception of the two deputies prior to this brouhaha, and the statement that was made, and I'll have to look in the record to give you the exact date, the statement that was made, that the owner of the business was invited down to discuss the matter with City Hall before they sandbagged him with the ex parte hearing is an absolute lie. BAC And I understand all that... TR Okay. BAC ...now we'll come right back directly to it. TR Those conditions were in place, they've continued to be in place, and they'll stay in place. BAC So the answer, then, is "yes" TR Yes, absolutely. BAC Thank you, sir. RAS What is the question? 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JF I don't want you to dig a hole for yourself here, but I do want you to know that I read through every pleading in this case, every deposition transcript that was taken of every alleged victim, every alleged perpetrator, I went through all 13 police reports. I'm not sure that I disagree with your analysis on the proximity to the restaurant of these incidents. In many of those instances, I noted that security from the restaurant actually assisted the police in apprehending a lot of the people. TR Or called the police. JF Or called the police. From my point of view — right, wrong, or indifferent — the conditions went in place. There hasn't been a single incident since they did, and if you're agreeing to keep them in place, at least I, for one, am willing to grant your CUP. I think that's where Councilman Spiegel was coming from. However we got there, and I realize there are some hard feelings... TR No hard feelings, just I feel terribly hurt knowing Jessie for 10 years and his business operation and knowing how he operates a business because I have been there. It really hurts me that people would tell absolute falsehoods to pursue whatever their ends were. JF Okay. However we got here, we're at the point tonight where we're considering letting you operate your business under a Conditional Use Permit with those conditions. And just so we're crystal clear, Mr. Jimenez is willing to operate under those conditions. TR He has continued to operate under those conditions. He was operating under those conditions... JF From this point forward, will he agree to those conditions? That's my only question. TR Yes. JF And can I have him nod to me so I can... you don't have to speak if you don't want to. Just... in the affirmative. JJ Good evening, Mayor and City Council. I am willing to work with the conditions of the Conditional Use Permit, but (unclear) at certain time, let's say six months, we sit back again and if we see that we can take some off or add something into it, then we'll do it in six months also. To be honest with you, before I got the preliminary injunction, okay the restraining order, I had a meeting with Mr. Drell with the City Attorney's Mr. Douglas, myself, my other attorney, and plus the owner of, the landlord, of the building. Supposedly...we got into an agreement, and I'll bring you those Conditional Use Permits that I was (unclear), but I... JF No, I know what the conditions are. I just want you to say yes, I will live with these conditions, and we will continue to operate as we have for the last six months. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JJ Yes. TR We can live with the conditions, and we'd like them to be reviewed periodically. JF You're allowed to do that under a Conditional Use Permit periodically, but for right now, things seem to be going fine, and we'd like to see it, at least I would, stay that way. JJ And believe me, I do thank the Sheriff's Department. They have done a great job at my place, and they continue doing it. And, you know, it just happened at my place, you know it has happened in other places, you know... BAC Thank you, sir. TR Incidentally, there are five security guards in this place, and there were in the beginning. Anything further? BAC No, sir. Thank you. Any other questions? Is there anyone else who wishes to offer comment on this matter. There being no one, then the public hearing is declared to be closed, and I'll ask for the will of the Council. JF I would move for approval of the CUP as recommended by staff. RAS I'll second. BAC There is a motion and a second. Is there further discussion? Being none, please vote. RDK Motion carries by unanimous vote. BAC Thank you. JF Thank you, Mr. Jimenez. BAC Item B 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF APPROVAL OF A CHANGE OF ZONE FROM R-3 TO O.P. (OFFICE PROFESSIONAL); A PRECISE PLAN OF DESIGN FOR A TWO-STORY, 12,027 SQUARE FOOT MEDICAL OFFICE BUILDING; A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO ON THE PROPERTY AT THE NORTHEAST CORNER OF ALESSANDRO AND SAN JACINTO (APN 627-183-016, 73-950 ALESSANDRO DRIVE) Case Nos. PP 99-20 and C/Z 99-12 (Niall F. Saunders, AIA, for Craig Rosenblum, MD, Applicant). Mr. Diaz noted the staff report in the packets and stated that Mr. Smith was available to answer any questions. Mayor Crites stated that he did not see a landscape plan for this project. Planning Manager Smith responded that the landscape plan was posted on the wall and had not been revised at the southwest corner to take into account the future cul-de-sac, which was the one remaining issue. He said the neighborhood and the Architectural Review Commission suggested that the normal requirement for a sidewalk at that location be waived so that we can get in a better wall situation and a better landscape situation. Mayor Crites stated that he had looked at the property earlier that day and felt waiving the sidewalk was a reasonable request because it would not connect to anything down San Jacinto. He said the residential lots there did not have sidewalks, and there would be a cul-de-sac. He said he would, however, like a chance at some point to examine the landscape plan. Councilman Spiegel stated the vote at the Planning Commission was 3-2, with Commissioners Jonathan and Finerty voting in opposition. He said the Minutes indicated Commissioner Jonathan was opposed because he did not feel the setback on Alessandro was sufficient, but he could not find why Commissioner Finerty voted in opposition. Mr. Smith stated that the Planning Commission Minutes of February 1, 2000, indicated on page 16 why she was opposed. Councilman Spiegel read that Ms. Finerty felt the building was overbuilt for the lot, and she knew this would go to City Council for the change of zone. He said she had also suggested several options, including consideration of reducing the length of the building by ten feet, and he asked staff if this had been addressed. Mr. Smith stated that these were her comments just prior to the vote by the Commission. Mr. Drell stated that the original landscape plan, which had the original site plan, showed one building, and the redesign came back as two buildings. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Smith stated that the building was reduced in height from 30 feet to 24 feet when it came back the second time. Upon question by Mayor Pro-Tem Ferguson regarding the sidewalk, Mr. Smith stated the recommendation from Architectural Review Commission was that the Council waive the required sidewalk on San Jacinto but require the sidewalk along Alessandro. He said that would allow for additional landscaping. He added that a letter was included in the packets from the neighbors which supported that position. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. NIALL SAUNDERS, Architect for the project, stated that he had worked on this project for several months with City staff, the Planning Commission, and the Architectural Review Commission in order to create a building that is as good as possible for the site and is of good quality. He stated that with regard to Ms. Finerty's opposition, and he tended to agree with her in theory, she felt that development should be curtailed as much as possible and be as thin on the ground as possible. He said where he disagreed was in her knowledge of current planning theory and the idea of utilizing the possibilities for development to the maximum degree or the best degree, not reducing it unnecessarily and taking away the vitality and use, and not forcing it out to the periphery. He said it was agreed that this building was appropriate in size for the site. With regard to the other vote in opposition, he said he understood Chairman Jonathan's concerns with the setback requirements in the City of Palm Desert. He noted that this project complied 100% with the required setbacks, zoning, and density. He felt the usage of this site as a medical building was probably the lowest impact of any other use for the site. The parking requirements for this type of use were such that the lot could not be overdeveloped with buildings. With regard to landscaping, he said the firm they hired was very familiar with this area, and they were asked to provide the best landscaping scheme possible. He said if the sidewalk on San Jacinto was determined to be unnecessary, that would allow them to expand and enhance the landscaping on that end of the project. Upon question by Councilmember Benson, Mr. Saunders stated that the landscape architect was a firm called Forrest Hank in Newport Beach. He said this firm was also doing the Greg Norman Resort in La Quinta and had done several others in the Coachella Valley, although they were based in Newport Beach. Mayor Crites stated that he wanted to look at the landscape plans, especially with the relatively poor history of landscape firms coming to the desert from Orange County and presenting ideas on how they think the desert ought to be. Mr. Saunders stated that he understood the concerns and would try to do his utmost best to make sure that is not the case with this project. He said the architect wanted to provide a good, quality landscaping design appropriate to the area and of a sufficiently mature and pleasant aspect as possible. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites stated that there were already several specimen trees on the property and asked whether there were plans to box and move those trees. Mr. Saunders responded that this would be done if at all possible, although several were very mature. Councilman Spiegel stated that he had just received a letter from three neighbors of the project expressing concern that the proposed short section of four -foot high wall along San Jacinto Street would not provide any privacy or noise barrier they felt should exist between a commercial project and established residences. He said the letter indicated the continuation of the proposed wall along San Jacinto to Alessandro could be accomplished by eliminating the unnecessary proposed short section of sidewalk. He said there are no existing sidewalks along San Jacinto that would connect to this proposed sidewalk. The letter requested that the proposed partial six-foot high concrete block wall along San Jacinto be extended to follow the radius of the cul-de-sac at the corner of Alessandro. He asked whether Mr. Saunders was familiar with this letter. Mr. Saunders stated he was aware of the letter. He said that, at the request of staff, they had shown the walls at a certain height; however, they were more than willing and wished to do exactly as the neighborhood people would like. He said they would like to extend the six-foot wall around and give the neighbors exactly what they need to have. Mr. Drell stated that the Architectural Review Commission's problem was with the sidewalk and the wall, there was not enough room for trees. If the sidewalk is eliminated, there will be enough room for the wall and the trees. He said staff had no problem with recommending elimination of the wall. Mayor Crites stated that one of the benefits of a Planning Commission is to appoint local citizens who may very well not have knowledge of current planning theory. He said that may very well make them better decision makers in some ways than those who have the current theory that seems to guide planning. MR. ROBERT KING, 44-841 San Jacinto, directly across the street from the proposed project, stated that he had no objections to the project but was concerned with the wall and privacy. He said if the wall, with the landscaping, could be all the way to Alessandro along San Jacinto, he would have no objections to the project. With no further testimony offered, Mayor Crites declared the public hearing closed. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 24, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites moved to: 1) Waive further reading and pass Ordinance No. 937 to second reading, approving C/Z 99-12; 2) waive further reading and adopt Resolution No. 00-21, approving PP 99-20, with additional direction to waive the sidewalk requirement on the east side of San Jacinto, extend the six- foot block wall in a location acceptable to the City, southerly to Alessandro, and provide for appropriate landscaping to be installed, per Architectural Review Commission review, on the area west of the wall. Motion was seconded by Ferguson and carried by unanimous vote. XIV. ORAL COMMUNICATIONS None XV. ADJOURNMENT Upon motion by Spiegel, second by Ferguson, and unanimous vote of the Council, Mayor Crites adjourned the meeting at 7:38 p.m. to 10:00 a.m. on Friday, February 25, 2000, for the purpose of conducting a tour of the Desert Willow Clubhouse. ATTEST: OF • ' A. CERITES, MAYOR RACHELLE D. KLASSE1, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 33