Loading...
HomeMy WebLinkAbout2000-01-13MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:02 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Buford A. Crites III. INVOCATION - Councilman Richard S. Kelly IV. 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 Rachelle D. Klassen, Acting City Clerk Carlos L. Ortega, RDA Executive Director Richard J. Folkers, ACM/Director of Public Works Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Councilman Kelly requested a moment of silence in memory of former Indian Wells Councilmember Artie Henderson and the City of Palm Desert's first City Treasurer, Paul Byers. V. ORAL COMMUNICATIONS - A MR. WILLIAM HARRIS, Executive Vice President of The Office Furniture Place, 72-750 Dinah Shore, addressed the Council relative to the last meeting wherein a permit was issued to RV's of Merritt for sale of motor homes in the shopping center. He read a prepared statement, noting that prior to his signing the lease for his store in this center, Mr. Mark Cooper (owner of the complex) and the City of Palm Desert had promised him that no more permits for motor home sales would be issued and that the permit for RV's of Merritt would not be renewed. He expressed concern that he would lose thousands of dollars in sales due to the motor homes blocking his signage. He said it was his opinion that the landlord and RV's of Merritt conspired to get a permit from the City by MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * keeping his objections away from the City Council. He said he was not informed that the Council would be considering this matter. In addition, the Council was advised that RV's of Merritt had letters of approval from the tenants of the complex but was not told about his objections. He stated that his sales had gone down approximately $5,000 per day since the motor homes arrived, and he felt both the City and the landlord had put his business in jeopardy. Mayor Crites stated that because this was not an Agendized item, the matter would be referred to staff for a report at the City Council meeting of January 27, 2000. MR. DONALD LIDSTER, 47-109 El Menara, Palm Desert, stated that he was representing many of the "non -California, resident of Palm Desert, snow bird homeowners." He said they were strongly opposed to the Council's arbitrary and discriminatory denial of discount golf cards to this group of taxpayers. He said it was hard for him to understand why his tax dollars and his standing in the community were different than renters and year-round residents, just because he did not have a California driver's license. He noted that he lived at Incline Village, Lake Tahoe, in the summer. He said the Village owns the golf course, and every homeowner gets a golf discount card and a $150.00 punch card to be used for guests at the golf course or the beaches. He said 68 % of the tee times were set aside for residents. The computer then checks the tee times 72 hours in advance, and any resident tee times not booked were released for general public use. He suggested this might be an option for Desert Willow. He said the group he represented was asking for equal treatment as full-time taxpayers, and he asked that the Council revisit this issue and either repeal the ruling or come up with an equitable compromise, such as limited usage (perhaps Monday through Thursday play or twice a week play). Mayor Crites stated that this matter would be before the Council at its meeting of January 27, 2000. MR. HASSAN-NAJAFI, M.D., 47-414 Marrakesh Drive, Palm Desert, agreed with Mr. Lidster' s comments. He noted that playing golf was a significant part of his and his wife's activities. He asked that Council reconsider the issue of resident status. MR. GRANT BAKEWELL, 47-425 Medina Drive, Palm Desert, stated he was a resident, and the change in the rules relative to resident status did not affect him; however, he said he saw too many nice people denied their just rights. Mayor Pro-Tem Ferguson addressed the three gentlemen who just spoke and stated that the action the City Council took was to require either a California driver's license or a California ID card to play golf. He said he did not know how that would prohibit these gentlemen from playing golf at Desert Willow. He said he could understand why they would not want a California driver's license but not why they would not want to acquire a California identification card. MS. JUDY KEDWELL, 73-596 Malabata Drive, Palm Desert, stated that she was a Canadian and could not, therefore, obtain a California identification card. She said the only way Canadians could do so would be to apply for Social Security benefits, which they know they cannot get. The State 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * would then issue some form of paperwork to be taken to DMV, which would issue a California identification card. She said she felt this was a lot to go through to comply with a policy that she felt was not fair to begin with. Mayor Pro-Tem Ferguson stated that City staff had checked with the Department of Motor Vehicles, which indicated that identification cards would be issued to a Canadian upon presentation of a passport. MS. KEDWELL responded that in her calls to the DMV, they were very specific in requiring a Social Security number to issue a California identification card. She said Canadian citizens would have to go through the system and be turned down by Social Security, and that would then count as a number as far as DMV was concerned. Mayor Crites stated that staff would look into this matter. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of December 9, 1999. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 28, 29, 30, 32, 33, 29PD Office Complex, 30PD Office Complex, and 32PD Office Complex. Rec: Approve as presented. C-1. CLAIM AGAINST THE CITY (#396), by Teresa S. Griffin in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. C-2. CLAIM AGAINST THE CITY (#4001 by Cheryl & John Powell in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. C-3. CLAIM AGAINST THE CITY (#401) by Nicola A. Joukovsky in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C-4. CLAIM AGAINST THE CITY (#4021 by Marie Venezia in the Amount of $216.54. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by John Stanley King and Michael Howard Sullivan for King's Social Club, 72-185 Painters Path, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Emmur, Inc., for Louise's Pantry, 44-491 Town Center Way, Suite A, Palm Desert. Rec: Receive and file. E. CITY INVESTMENT PORTFOLIO MASTER SUMMARY for the Month Ending November 30, 1999. Rec: Receive and file. F. MINUTES of City Committee/Commission Meetings. 1. Art In Public Places Commission Meetings of October 20, and November 17, 1999. 2. Civic Arts Committee Meeting of November 8, 1999. 3. Housing Commission Meeting of November 10, 1999. 4. Investment & Finance Committee Meeting of November 17, 1999. 5. Library Promotion Committee Meeting of November 10, 1999. 6. Promotion Committee Meetings of October 19, and November 16, 1999. 7. Public Safety Commission Meetings of October 20, and November 17, 1999. Rec: Receive and file. G. LETTER OF RESIGNATION from Donald Gittelson from the Parks and Recreation Commission. Rec: Receive with very sincere regret. H. LE'1-1'hR OF RESIGNATION from Richard Holden from the Architectural Review Commission. Rec: Receive with very sincere regret, subject to appointment of replacement Commissioner. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. REOUEST FOR APPROVAL of Settlement and Release Agreement for Automated Criminal Identification and Information System (ACIIS) (Contract No. C16960). Rec: By Minute Motion, approve the subject agreement with the Riverside County Sheriff's Department for a rebate of contribution in the amount of $74,542.17 with one additional interest rebate of $893.68 and authorize the Mayor to execute same. J. REOUEST FOR APPROVAL of First Amendment to Lease Agreement with Desert Sands Unified School District (Contract No. C16970). Rec: By Minute Motion, approve the subject amendment and authorize the Mayor to execute same. K. REOUEST FOR APPROVAL of Preliminary Plan and Cost Estimate (Phase I) for the Palm Desert Skate Park Beginner Area. This item was removed for separate discussion under Item VIII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. L-1. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C15920 for Intersection Improvements to Highway 111 and San Pablo Avenue between Larkspur Lane and San Marcos Avenue (Project No. 634-96). Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with Matich Corporation, Colton, California, in the amount of $15,745.82; 2) authorize the Mayor to execute same; 3) authorize the transfer of said funds from contingency to base contract amount. L-2. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16000 for Desert Willow Golf Resort Perimeter Landscape Maintenance. Rec: By Minute Motion, approve Change Order No. 1 to the subject contract with Garza Landscaping, Inc., Indio, California, in the amount of $675.00 and authorize the Mayor to execute same. M-1. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C15940 -- Retaining/Garden Wall at Valley Industrial Park on Cook Street between Merle Drive and Velie Way (Project No. 688) (Demo Unlimited). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M-2. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C15960-A -- Construction of Palm Desert Soccer Park South Parking Lot (Dateland Construction Company). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M-3. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C16300 -- Street Improvements to Portola Avenue at El Cortez Way and San Pablo Avenue at Royal Palm Drive (Project No. 639-99) (Contreras Construction Company). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N. REOUEST FOR APPROVAL of Street Right -Of -Way Vacation -- Palm Desert Drive South Westerly of Portola Avenue (Sherman-Shrader Enterprises, Applicant). Rec: Waive further reading and adopt Resolution No. 00-1, setting a public hearing to consider the subject vacation request. 0-1. REOUEST FOR APPROVAL of Final Tract Map 25296-3 (Bighorn Development, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 00-2, approving Tract Map No. 25296-3. 0-2. REOUEST FOR APPROVAL of Final Tract Map 25296-5 (Bighorn Development, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 00-3, approving Tract Map No. 25296-5. P. REOUEST FOR AUTHORIZATION to Purchase New Pump for Desert Willow Golf Resort. Q. Rec: By Minute Motion, authorize staff to enter into an agreement with South West Pump and Drilling, Coachella, California, to purchase a new deep well pump in the amount of $24,770.69 for the Desert Willow Golf Resort Firecliff Course. REOUEST FOR AUTHORIZATION to Purchase Golf Shop Fixtures for the New Clubhouse at the Desert Willow Golf Resort. Rec: By Minute Motion, authorize staff to enter into an agreement with Silvestri of California, Los Angeles, California, to purchase golf shop fixtures in the amount of $5,385.14. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R. REOUEST FOR APPROVAL of Out -Of -State Travel for Public Works Department Associate Engineer to Attend the California Land Surveyors Association/Nevada Association Conference 2000 in Las Vegas, Nevada. Rec: By Minute Motion, approve the subject request for the conference to be held February 13-15, 2000. S. REOUEST FOR APPROVAL of Funding for the Palm Desert Chamber of Commerce Business Education Support and Training (BEST) Program. Rec: By Minute Motion, approve the subject funding in the amount of $2,000 and appropriate said funds from the Unobligated General Fund for the production and printing of BEST Program brochures. T. REOUEST FOR APPROVAL of Refund of Business License Fees -- License No. 98-00216 (Draper's and Damon's, Applicant). Rec: By Minute Motion, approve the refund in the amount of $1,204 for the subject license from FY 1999/2000 Budget. U-1. REOUEST FOR WAIVER OF FEES Associated with the Desert Rose Society's Annual Pruning Exhibition on Saturday, January 15, 2000, in the Rose Garden at the Palm Desert Civic Center Park. This item was removed for separate consideration under Item VIII, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. U-2. REOUEST FOR WAIVER OF FEES Associated with Usage and Recurring Meeting Restriction for the Certified Arborists' and Tree Workers' Course to be held at Palm Desert City Hall from June 21 - August 30, 2000. Rec: By Minute Motion, waive the usage fees and recurring meeting restriction for the subject organization and course to be conducted at Palm Desert City Hall. V. PRESENTATION of Musical Ambassador Program Report. Rec: Receive and file. Mayor Pro-Tem Ferguson asked that Item K be removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Councilmember Benson requested that Item U-1 also be removed for separate discussion. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to approve the remainder of the Consent Calendar as presented. Motion was seconded by Ferguson and carried by unanimous vote. VII. CONSENT ITEMS HELD OVER K. REOUEST FOR APPROVAL of Preliminary Plan and Cost Estimate (Phase I) for the Palm Desert Skate Park Beginner Area. Mayor Pro-Tem Ferguson stated that he had received comments from parents and read articles relative to the need for increased safety at the Skate Park. He said he had asked that this item be pulled in order to reiterate the fact that the Council is looking at improving conditions for smaller children. Councilman Spiegel added that there is supervision at the Skate Park during all of the hours it is open, and this is provided by the Coachella Valley Recreation and Park District. He said the Park and Recreation Commission, at its last meeting, had asked that Mr. Don Martin, Manager of the Coachella Valley Recreation and Park District, look at assigning hours by age group. He noted the soonest the smaller park would be ready would be the latter part of the summer. Mayor Pro-Tem Ferguson moved to, by Minute Motion: 1) Award Contract No. C16980 in the amount of $9,250 to Purkiss Rose/rsi, Fullerton, California, for completion of Phase I of the Palm Desert Skate Park Beginner Area; 2) appropriate said funds from Fund 430 for completion of Phase I; 3) authorize the Mayor to execute same. Motion was seconded by Kelly and carried by unanimous vote of the Council. U-1. REOUEST FOR WAIVER OF FEES Associated with the Desert Rose Society's Annual Pruning Exhibition on Saturday, January 15, 2000, in the Rose Garden at the Palm Desert Civic Center Park. Councilmember Benson stated that it was her recollection that the City had always donated $1,000 annually to the Desert Rose Society for pruning the trees in the Garden, and she asked that this be added to the motion. Councilman Spiegel responded that the City had agreed to an annual stipend of $1,000, and the Desert Rose Society had received the money the first of this year. Councilmember Benson moved to, by Minute Motion, approve the subject waiver of fees for the Desert Rose Society's Annual Pruning Exhibition. Motion was seconded by Mayor Pro-Tem Ferguson. Councilman Spiegel commented that everyone can learn a lot about growing roses by coming to the Civic Center Park this Saturday. He said the exhibition would begin at approximately 8:30 a.m. and end at Noon. Mayor Crites called the vote, and the motion carried by unanimous vote of the Council. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. PRESENTATION OF THE RIVERSIDE COUNTY INTEGRATED PLAN BY THE RIVERSIDE COUNTY INTEGRATED PLANNING TEAM. Mayor Crites stated that the County staff could not attend this meeting and that this matter would, therefore, be continued to a time uncertain. B. REOUEST FOR AUTHORIZATION TO ADVERTISE AND CALL FOR BIDS FOR THE MEDIAN LANDSCAPING ON FRANK SINATRA DRIVE FROM PORTOLA AVENUE TO COOK STREET (CONTRACT NO. C16990, PROJECT NO. 592-99). Mr. Erwin noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project -- funds are available in the amount of $278,500 in Account No. 400-4614-433-4001. Motion was seconded by Kelly and carried by unanimous vote. Mayor Crites stated that it was his understanding that this would come back before the Landscape Committee, and Mr. Diaz responded that it would. C. REOUEST FOR AUTHORIZATION TO PURCHASE KITCHEN UTENSILS AND RELATED EQUIPMENT FOR THE NEW CLUBHOUSE AT THE DESERT WILLOW GOLF RESORT. Councilmember Benson asked if a pattern had been selected for the dishes that would complement Desert Willow. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Ortega suggested that this matter be continued until later in the meeting when Mr. Gregg Lindquist would be available to answer these questions, and Council agreed. The following discussion of this matter was held after Mr. Lindquist's arrival: Councilmember Benson asked if the Council would have an opportunity to see the design of the plates, glasses, etc. MR. GREGG LINDQUIST, General Manager of Desert Willow Golf Resort, responded that Janet Ebright was the person who did the selection process for the glassware, china, flatware, etc. He said she had consulted with the interior designer to make sure everything selected would complement the entire interior package. He described the design of the china as a soft ivory color with a bit of green. He said it had a desert look to it, but it was one that R.W. Smith could easily replace without a lot of difficulty. He said it was functional in terms of breakage and replacement. He offered to bring a sample to show to the Council. With regard to the glassware, he said it was probably a little more upscale and elegant, but it did complement the china very well in terms of both everyday use and high -end banquet use. He said the silverware was of a medium weight which would complement the china and glassware. Councilmember Benson stated that she would like to see what was selected, and Mr. Lindquist responded that he would bring samples the following day. Councilmember Benson moved to, by Minute Motion, authorize staff to enter into an agreement with R. W. Smith, Palm Springs, California, to purchase the necessary kitchen utensils and related equipment for the Desert Willow Clubhouse in the amount of $61,483 (glassware, china, flatware, tableware, and other serving items $43,800; banquet items $17,683). Motion was seconded by Spiegel and carried by unanimous vote of the Council. D. 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 CIRCLE K LOCATED AT 45-200 PORTOLA AVENUE Case No. 99-76SA (Circle K c/o A & S Engineering, Applicant/Appellant) . Mayor Crites stated that there was a request to have both this item and Item E continued. Councilman Spiegel moved to continue this matter to the meeting of January 27, 2000. Motion was seconded by Mayor Pro-Tem Ferguson and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCH1'1kCTURAL REVIEW COMMISSION, DENYING A REQUEST TO REMODEL THE EXISTING BUILDING FASCIA AND INSTALL NEW SIGNAGE AT CIRCLE K LOCATED AT 44-775 SAN PABLO AVENUE Case No. 99-78SA (Circle K c/o A & S Engineering, Applicant/Appellant). Councilman Spiegel moved to continue this matter to the meeting of January 27, 2000. Motion was seconded by Mayor Pro-Tem Ferguson and carried by unanimous vote. F. REOUEST FOR APPROVAL OF ENGINEERING CONSULTANT CONTRACT FOR FRED WARING DRIVE IMPROVEMENTS (CONTRACT NO. C17000). Mr. Diaz noted the staff report in the packets. Councilman Kelly moved to, by Minute Motion: 1) Award the subject professional services contract to ASL Consulting Engineers, Palm Springs, California, for the environmental study and engineering services for the Fred Waring Drive Improvements project in an amount not to exceed $261,996 -- funds are available for this project in the current Capital Improvements Program Budget; 2) authorize the Mayor to execute same. Motion was seconded by Ferguson and carried by unanimous vote. G. PRESENTATION OF REPORT PURSUANT TO SECTION 33080.1 OF THE HEALTH AND SAFETY CODE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted the report in the packets and offered to answer any questions. He said no Council/Redevelopment Agency action was necessary other than to receive and file the report. Councilman/Member Kelly moved to receive and file this report. Motion was seconded by Benson and carried by unanimous vote. XL CONTINUED BUSINESS A. CONSIDERATION OF POLICY FOR ENACTING A PUBLIC CONTRACT CODE AND AN AMENDMENT TO CHAPTER 3.32 OF THE PALM DESERT MUNICIPAL CODE REGARDING PURCHASING POLICIES AND PROCEDURES (Continued from the meetings of August 26, September 9, September 23, October 14, October 28, and December 9, 1999). Mr. Erwin stated that Ordinance No. 927 would create a public contract code for the City of Palm Desert, while Ordinance No. 928 would modify the City's purchasing ordinance. He noted that the latest versions of the public contracting code and purchasing ordinance delivered to the Council included the award to the lowest responsible bidder. He offered to answer any questions. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson stated that he and Councilmember Benson had met with the City Attorney to go through these ordinances. He said the authority conferred to the City Manager for purchasing and change orders was to be $20,000 or 20% of the contingency, whichever was less. Mr. Erwin responded that this wording would be added. Mayor Pro-Tem Ferguson noted that he had spoken with people who do a lot of contracting throughout the State to see if they were familiar with any other city that had deviated from lowest responsible bidder. He said their comments were that very few had, and those that did had not had very good results from doing so. Mayor Pro-Tem Ferguson moved to waive further reading and pass Ordinance Nos. 927 and 928 to second reading, amended to include the wording which conferred authority upon the City Manager for purchasing and change orders in the amount of $20,000 or 20% of the contingency, whichever is less. Motion was seconded by Kelly and carried by unanimous vote. B. REOUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT TO ADD SENIOR OVERLAY, APPROVAL OF A CHANGE OF ZONE FROM PR-7 (PLANNED RESIDENTIAL - SEVEN UNITS PER ACRE) TO PR-7 S.O. (PLANNED RESIDENTIAL - SENIOR OVERLAY), PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT (INCLUDING A HEIGHT EXCEPTION FOR THE THREE-STORY PORTION), DEVELOPMENT AGREEMENT, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES TO A PROPOSED 250-UNIT CONTINUING CARE RETIREMENT COMMUNITY AND A COMMUNITY CENTER BUILDING ON 10.3 ACRES ON THE WEST SIDE OF FAIRHAVEN DRIVE, SOUTH OF PARKVIEW DRIVE AT 72-755 PARKVIEW DRIVE Case Nos. GPA 99-3. C/Z 99-2., PP/CUP 99-7. and DA 99-3 (Pearl Industries, Inc., Applicant) (Continued from the meeting of December 9, 1999). Mr. Steve Smith, Planning Manager, stated that this matter was before the Council at its meeting of December 9, 1999, at which time the public hearing was closed. He said the Council had given first reading to Ordinance Nos. 931 and 932 at that time relative to the zone change and the development agreement and also asked staff to look at the submission from Nancy Singer asking for eight additional conditions, which had been done. He said four of the eight conditions had been added, while the other four conditions could not be accommodated. He said staff had also clarified the concern of the residents that they might be required to be involved financially in the closure of Fairhaven Drive. This was not staff's intent, and the condition had been clarified. He also noted that Condition #36 referred back to Condition #30 in Exhibit "B", and those two conditions will work together to prevent any parking on Parkview and restrict construction parking on any public street. He said staff wanted construction -type parking to be on the site. 12 NIINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson stated that at the last meeting, he had suggested this might be something for the Monterey Rancho Mirage/Palm Desert Corridor Committee to look at. He said pursuant to that, and because he is on that committee, he and Phil Drell had met with Rancho Mirage Councilman Alan Seman and Planning Director Bob Brockman to go over this plan. He said at the time the letter was received from Rancho Mirage Mayor Marilyn Glassman, they had not seen the most recent iteration of this plan. He said he had asked Mr. Drell to provide Mr. Brockman with a packet for their review and comment for this meeting. He added that he assumed that by the absence of comment from Rancho Mirage, they are satisfied with the project. Councilman Spiegel stated that he had received a comment from Councilmember Chris Murphy indicating they were very satisfied. Councilmember Benson stated that Councilmember Murphy had remarked that to her as well. Councilman Spiegel moved to waive further reading and: 1) Adopt Resolution No. 00-4, approving GPA 99-31; 2) adopt Ordinance No. 931, approving C/Z 99-2; 3) adopt Ordinance No. 932, approving DA 99-3; 4) adopt Resolution No. 00-5, approving PP/CUP 99-7. Motion was seconded by Kelly and carried by a 4-1 vote, with Mayor Pro-Tem Ferguson voting NO. C. RESOLUTION NO. 00-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT RENT REVIEW GUIDELINE SECTION 101(B) AND ADDING A NEW GUIDELINE SECTION 101(C) (Continued from the meeting of December 9, 1999). Mr. Erwin stated that at the December 9th meeting, there was a presentation to the Council by Mr. Prawdzik relative to the guidelines. He said written material was provided to the Council, which was referred to his office, and he had presented a memorandum in response thereto. In addition, Mr. Prawdzik had sent a letter to him and to the Council dated December 29, 1999, which was also included in the Agenda packets. He said he had provided a copy of his memorandum to Mr. Prawdzik, and a copy had also been provided to Mr. Spangenberg, attorney for the park owner. He noted he had met with Mr. Prawdzik on Tuesday to discuss these items, and Mr. Prawdzik had requested that the matter be held over to allow for more discussion. He said he believed the real issue as set forth in Mr. Prawdzik's letter was the 101(C)(4), which adds the sewer provision to the guidelines, converting septic to sewer. He suggested that the Council hear testimony and decide whether to take action or continue the item. He added that staff's recommendation was that Council adopt the guidelines as proposed, with the modification set forth in his memorandum to the Council. Councilman Spiegel stated that there was a City Ordinance requiring that Palm Desert homeowners with septic tanks who sell their homes must convert to sewer. He asked if this ordinance applied to mobilehome parks, and Mr. Erwin responded that it did not. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson stated that page 4 of the report said the idea to provide this particular park with an incentive to install sewers came from the Rent Review Commission, not the park owner. Mr. Erwin responded that this was correct and that it was specifically Mr. Adams. Mayor Pro-Tem Ferguson asked if an option would be available for the City to require that the park convert to sewer upon sale of the park, as opposed to requiring immediate conversion now with the residents paying for it. Mr. Erwin responded that he believed this was a potential option. Mayor Pro-Tem Ferguson asked if there was a burning reason why there was a need for sewers there immediately. Mr. Erwin responded that he did not believe there was any compelling health reason to have sewers in there at the present time, although there may be in time. He said part of the problem was that the decision to convert, as set forth in #4, was a unilateral decision of the park owner, as opposed to being imposed upon the owner because of any health reasons. Mayor Pro-Tem Ferguson asked if there were present health and safety reasons to convert to sewer, and Mr. Erwin responded that there were none he knew of in that particular park. MR. DAVID SPANGENBERG, 375 Forest Avenue, Palo Alto, California, stated there was no health and safety problem with the septic system, and the park owner had no immediate desire to hook up to the sewers. He said Line 4 was a result of City staff's recommendation, not the park owner, and they would be happy to have it removed from the guidelines. He added that Mr. Prawdzik, in his December 29th letter, indicated that the tenants took no issue with the bulk of the amendments, save and except Section 101(C)(4) as proposed. He said this was a City proposal and suggested that it be stricken from the guidelines, and if the tenants want to later bring it up and add it, they can do so. Mayor Pro-Tem Ferguson stated that the park owner did not want to put in a sewer, the tenants did not want to pay for a sewer, and there is no health and safety reason compelling the installation of a sewer. He asked if the City Attorney was comfortable removing this section. Mr. Erwin stated he was and that there were other provisions which would address the necessity to install sewers if there is a health and safety problem. MR. CHARLES PRAWDZIK, 75-780 Temple Lane, Palm Desert, stated that he represented the tenants of all three parks in the City. He said he would be in agreement with the striking of Section 101(C)(4). 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-6, amended to strike regulation number 101(C)(4). Motion was seconded by Ferguson and carried by a 4-0-1 vote, with Councilmember Benson ABSTAINING. XII. OLD BUSINESS A. REOUEST FOR APPROPRIATION OF FUNDS FOR CONTRACT NO. C15940 — CONSTRUCTION OF RETAINING/GARDEN WALLS AT THE VALLEY INDUSTRIAL PARK ON COOK STREET BETWEEN VELIE WAY AND MERLE DRIVE (PROJECT NO. 688-98). 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, appropriate funds in the amount of $118,566.53 to Account No. 400-4385-433-4001 for the subject project. Motion was seconded by Ferguson and carried by unanimous vote. B. REOUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C16010 -- INTERSECTION IMPROVEMENTS AT COUNTRY CLUB DRIVE AND MONTEREY AVENUE, AND AUTHORIZATION TO GO TO BID FOR ASPHALT PORTION OF THE CONTRACT (PROJECT NO. 640-98). Mr. Folkers reviewed the staff report, noting that while the report indicated the Union was striking against Cooley, that was not really the case. He said there had been occasional picketing because Cooley is a non -Union company, and the Union would like to organize it. He said Cooley was the lowest responsible bidder when the contract was awarded. He added that staff' s recommendation was that the contract be decreased by $182,719.80 and that Council authorize staff to go out to bid on the asphalt portion of the contract. Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 to the subject contract with Cooley Construction, Indio, California, decreasing the subject contract amount by $182,719.80 for Item No. 16 (338,370 square feet of 11/2-inch overlay); 2) authorize Public Works staff to go out to bid for item deleted from the subject contract. Motion was seconded by Ferguson and carried by unanimous vote. C. CONSIDERATION OF PARKING AT WASHINGTON CHARTER SCHOOL. Mr. Folkers asked that this matter be continued to the next meeting. He said his staff had prepared the report for the January 27, 2000, meeting; however, it was inadvertently placed on the Agenda for this meeting. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Councilman Spiegel relative to Council taking action at this meeting, Mr. Folkers responded that the proponents had been told they could speak to this issue, and they were not present at this meeting. Councilman Kelly moved to continue this matter to the meeting of January 27, 2000. Motion was seconded by Ferguson and carried by unanimous vote. RIII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore stated there were several store openings to announce as well as announcements of stores to be opened. Las Sombras Center - 1) New restaurant called "The Veggie House" to be opening soon; 2) Angel View to be closing at this location at the corner of Highway 111 and San Pablo at the former auto parts store. One Eleven Town Center - 1) Jeffco Financial to be occupying 2,500 square feet next to Cost Plus Imports; 2) former Home Savings building leased to the Gateway Computer Store. Palms to Pines (West) - 1) New health club called "Pacific Paladies Studio" opening; 2) western part of Palms to Pines (West) now 100% leased, with the second portion (Von's portion) having two small vacancies. Palms to Pines (East) - American Grill, locally owned restaurant, to be taking the former San Tropez location. Columbia Center - 1) Now has only 1,500 square feet of vacancy; 2) a dentist's office recently opened; 3) lease signed by a fitness organization called "Curves for Women" for space next to Hooter's Restaurant. Albertson's Center (Washington Street) - 1) Kid Oasis has left; 2) only other vacancy signed by Ultimate Flowers, a florist; 3) one pad is to be built, with Jiffy Lube to be located there, moving from Cathedral City. Ms. Moore noted that Del Taco, constructed next to John's Restaurant, was having an opening on Tuesday, January 18, 2000. She offered to answer any questions. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Progress Report on Desert Willow Clubhouse Facility Mr. Ortega noted the report in the packets by Mr. Yrigoyen and stated that Council might wish to consider advice from the City Attorney on this matter. Mr. Erwin stated that this was an item on the Closed Session Agenda. B. CITY MANAGER 1. Mr. Diaz stated that he had received a message that the Friends of the Desert Mountains would like an emergency item considered in Closed Session. Mayor Pro-Tem Ferguson moved to add this item to the Agenda for Closed Session, pursuant to Government Code Section 54956.8 for property negotiation for a parcel located in the Santa Rosa Mountains. Motion was seconded by Councilman Spiegel and carried by unanimous vote. 2. Mr. Diaz stated that the BLT had offered members of the City Council an opportunity to travel to Oxnard to look at its transfer station facility. He said this firm wished to develop a transfer station in Palm Desert on the north side of Dinah Shore, westerly of Monterey Avenue. Councilman Kelly stated that he would like to go to look at this facility. Councilman Spiegel stated that he would also like to go. Mr. Diaz stated that staff would coordinate this trip at the Councilmembers' convenience. 3. Mr. Diaz reported that the Annexation Committee had met to consider the Palm Desert Greens, Bermuda Dunes, and Sun City issues and concerns. He said there would be another Committee meeting to evaluate the fiscal impact analysis that had been done for another city. He added that a report and recommendation would come back to the Council on January 27, 2000, or the first meeting in February. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CITY ATTORNEY 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 98 acres - West of Palm Valley Channel - South of Painters Path - Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: G. George Fox Under Negotiation: x Price x Terms of Payment 2) Property: 44-536 Portola Avenue, Palm Desert, CA (APN 625-062-001) Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian City of Palm Desert Property Owner: Jerome M. Beauvais Under Negotiation: x Price x Terms of Payment 3) Property: 44-574 Portola Avenue, Palm Desert, CA (APN 625-062-002) Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian City of Palm Desert Property Owner: Robert and Lani Krause Under Negotiation: x Price x Terms of Payment 4) Property: APN 625-062-015, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian City of Palm Desert Property Owner: Richard J. and Doris L. Krause Under Negotiation: x Price x Terms of Payment 5) Property: 44-630 Portola Avenue, Palm Desert, CA (APN 625-062-016) Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian City of Palm Desert Property Owner: Richard J. and Louise Krause Under Negotiation: x Price x Terms of Payment 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6) Property: 74-013 De Anza Way, Palm Desert, CA (APN 625-064-001) Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian City of Palm Desert Property Owner: Brenda Barker Under Negotiation: x Price x Terms of Payment 7) Property: 74-016 San Marino Circle, Palm Desert, CA (APN 625-064-007) Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian City of Palm Desert Property Owner: Norma J. Romine Under Negotiation: x Price x Terms of Payment 8) Property: 74-011 San Marino Circle, Palm Desert, CA (APN 625-081-001) Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian City of Palm Desert Property Owner: Ben C. and Margaret R. Montoya Under Negotiation: x Price x Terms of Payment 9) Property: APN 625-081-004, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/Lauri Aylaian City of Palm Desert Property Owner: Benjamin F. and Arthur I. Montoya Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Jasna Kajtaz and Emila Rahimic v. City of Palm Desert, Riverside County Superior Court Case No. INC 005733 b) Indian Springs Limited, et al., v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 011612 c) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Conference with Legal Counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 2 2) Renort and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK 1. Request to Schedule Meeting for Committee/Commission Applicant Interviews and Appointments. Mayor Crites stated that he and Councilmember Benson had each turned in a list of those individuals they felt should be interviewed, and he asked if the rest of the Council could go through the master list to see if there are additions or deletions they wish to make. Councilman Kelly asked the City Clerk to provide to the rest of the Council the lists submitted by Mayor Crites and Councilmember Benson. With Council concurrence, the meeting was scheduled for 10:00 a.m. on Tuesday, January 25, 2000. 2. Reminder to Adjourn this Meeting to 9:00 a.m. Friday, January 14, 2000, for a Meeting of the University Planning Committee for California State University, San Bernardino at Palm Desert, at the Main Campus in San Bernardino, pursuant to Government Code Section 54954(b)(3). E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Review and Appeals Procedures for Decisions of the Architectural Review and Planning Commissions (Mayor Pro-Tempore Jim Ferguson). Mayor Pro-Tem Ferguson stated that there was a provision of State law with regard to architects that, if they have a project and happen to be a member of Architectural Review, allows them to process their application by simply abstaining on a vote. He said with the recent construction of the Imago building, there had been quite a bit of concern with the City's Architectural Review Commission. He said when he reviewed the votes on that particular building, he found preliminary approval was granted 3-0, with three 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * members absent, two of whom had contracts to work on that project. He said final approval was granted by a 3-0-3 vote, with three members abstaining. He noted that final landscape plans were approved on a 2-0-3 vote, with three members abstaining. He expressed concern that, at least with the final landscape vote, there was less than a majority of the Commission voting yes, with a majority of the Commission abstaining. He said there was an overriding provision in the law that says the City has an obligation to avoid the appearance of impropriety. While he was not suggesting there was any impropriety here, he said he had appealed two more on Cook Street Industrial Park that were approved unanimously with two members of Architectural Review, one doing the building and one doing the architecture. He said his thought was that if members have any interest in the application, the Council might want to have either the Planning Commission or the Council review that decision as an independent body to assure the residents that these things are completely and independently reviewed. Councilman Spiegel stated he felt this was a good point. He noted that one member of the Architectural Review Commission had resigned, and the Council will be looking at applicants to fill that position, and that appointment may rectify the situation. He added that with regard to having the Planning Commission or Council review particular decisions, he felt it should be the City Council. Councilman Kelly stated that he had always felt Architectural Review Commissioners did not necessarily need to be architects. He said architects are trained in the nuts and bolts, while the Commission is concerned with whether or not the project would fit in with the rest of the community. He urged the Council, when appointing new members, to consider having members at -large and not necessarily architects. Mayor Crites asked that the Mayor Pro-Tem, City Manager, and City Attorney look at crafting something that would give the Council options in terms of how to deal with this issue. Mayor Pro-Tem Ferguson stated that another aspect that needed to be looked at was that the appeals jurisdictions in Architectural Review Commission and in Planning Commission were two separate appeals procedures that go up to the Council and then back down. He said there was currently one piece of litigation where the City got caught in that window between the two. He asked that the City Attorney look into this and come back with a recommendation on how to streamline the appeals process. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Erwin responded that he was currently working on that issue because of the litigation. 2. Consideration of New General Plan (Mayor Pro-Tempore Jim Ferguson). Mayor Pro-Tem Ferguson stated that the cumulative years of experience on the City Council, excluding his own, was approximately 66 years. He said there was a tremendous wealth of knowledge on the Council, with Councilmembers Benson and Kelly having been here since the time the City incorporated. He said Palm Desert's General Plan was adopted in 1984; however, it is now the Year 2000, and the City is approximately 11h times larger than it was when the General Plan was originally adopted. He said he would like to instill the wisdom of at least this Council into a new General Plan that will take Palm Desert well into the future. He noted that he had met with the City Manager to discuss this but wanted to get the thoughts of the rest of the Council before putting any more time into it. Councilmember Benson stated that it was her understanding that the General Plan has to be reviewed every five years. She asked if there was any regulation as far as putting a new General Plan into effect. Mayor Pro-Tem Ferguson stated that there was nothing of which he was aware. He said when the comprehensive Zoning Ordinance Review Committee was formed, it was asked to systematically go through the entire Zoning Ordinance. Initially, a consultant was going to be hired to do the whole thing in one lump sum, but then the Committee started targeting problem areas. He said the beauty of a new General Plan was that it is a planning document for where the City should go, and the Zoning Ordinances then are amended to conform to that plan. Councilman Spiegel asked if it would make sense to bring in outside consultants. Mayor Pro-Tem Ferguson stated that if the Council feels it is a good idea to do a new General Plan, he would suggest that it be left up to Mr. Diaz and Mr. Drell as far as the most efficient way to go about doing this. Mayor Crites asked if it would be appropriate to direct staff to bring back a recommendation on this item at the meeting of January 27, 2000. Mr. Diaz requested that staff be directed to bring a report back to the Council at the second meeting in February. With Council concurrence, staff was directed to bring a report and recommendation to the Council at its meeting of February 24, 2000. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Consideration of Networking (Mayor Pro-Tempore Jim Ferguson). Mayor Pro-Tem Ferguson stated that the City had all the computer hardware and software necessary to fully integrate and network the City. He said since he came on the Council two years ago, he had been continually told that staff is working on it and will get to it. He said it was kind of embarrassing in the Year 2000 to have someone on one side of the building not be able to pull up a document from the other side or not have the City Manager be able to pull up on his computer information relative to who does or does not have a business permit. He said he had asked the Technology Committee to look at this issue but would like the Council's thoughts as well. Councilman Spiegel asked what it would cost for this. Mayor Pro-Tem Ferguson responded that he had spoken with Doug Van Gelder, and the City 's AS400 has a PC protocol interface which would allow the existing computers to be linked together and would provide Internet access. He said he felt it would facilitate a tremendous flow of information at a minimal cost. Councilman Spiegel agreed that it should be done and that the City should also look at accepting credit cards over the Internet for business licenses. o City Council Committee Reports: 1. Councilman Kelly stated that he and Councilman Ferguson had traveled to Sacramento with Contract Cities and had a chance to visit with legislators, and all appearances were that they were after the half -cent sales tax. He said he had made his pitch about changing the rules in the middle of the stream and penalizing people who had done a good job. He noted another pitch he had made was about the effect on the economy. He stated that while they were there, the Governor's budget was released, and he used the term "use it or lose it" on transportation money, and all the legislators were upset about that comment and did not agree with him. Mayor Pro-Tem Ferguson stated they basically want to take point of sale accumulation for sales tax (people that generate it get it back) and change it to make sure the sales tax is redistributed on a per capita basis. He said Councilman Kelly's point was that communities are punished that were creative and innovate in the wake of Prop 13, like Palm Desert, and then reward no -growth communities, like the one to the east with no commercial, and redistribute all of Palm Desert' s sales tax (even though Palm Desert has to bear the burden of the services, roads, and infrastructure for that retail) and hand it to Palm Desert's neighbors who have no commercial. He said, as Councilman Kelly pointed out, no community would ever have an incentive to have any growth commercially because they would not get any 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * of the sales tax back. He said he was going to ask Finance Director Paul Gibson to look at the City's budget to see how much sales tax would be lost through a straight per capita distribution. He said when he asked why Sacramento felt the need to meddle with Palm Desert's tax structure, he was told they were concerned that communities like Palm Desert made land use decisions primarily on sales tax generation and, therefore, there was a glut of automobile dealerships and big box retailers. He said he had pointed out that Palm Desert turned down a Rolls Royce dealership because the Council did not feel it was right for Palm Desert and that Palm Desert did not have any big box retailers. He said he had said while he appreciated their burning concern about land use decisions in the City of Palm Desert, that is why the Councilmembers were elected, and they should butt out. He said the League had formed a task force, the Speaker's office had formed a task force, Kathleen O'Connell, and the Comptroller of the Treasury had formed a task force on this. He said he felt the larger cities that had reached saturation on retail now want to get sales tax on the backs of successful communities like Palm Desert. Mayor Crites stated he felt there was an issue out there that should concern Chambers of Commerce. 2. Councilman Spiegel stated he had received a letter from Mandy MacNichol, a member of the Desert Valley All Stars Cheerleading Squad. He said this squad had won a lot of competitions and was planning to go to the national championship, which would be seen on ESPN. The cost was approximately $1,000 per cheerleader, and seven members of this squad were from Palm Desert. He said he and Councilmember Benson had met with this group and would like to have an item added to the Agenda for Council consideration of the approval of giving $2,500 to this group to assist in this effort. Councilman Spiegel moved to add this item to the Agenda for Council consideration. Motion was seconded by Benson and carried by unanimous vote. Councilman Spiegel moved to, by Minute Motion, approve a contribution to the Desert Valley All Stars Cheerleading Squad toward its trip to the national championship in the amount of $2,500, said contribution to come from Outside Agency Funding. Motion was seconded by Benson. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that she and Councilman Spiegel had discussed the possibility of the Outside Agency Committee setting aside each year so much money for these types of special things that come up. She said out of 22 cheerleaders on this squad, seven are from Palm Desert. Mayor Crites called for the vote, and the motion carried by unanimous vote of the Council. 3. Mayor Crites stated that he had received a call from a woman who has been visiting the Coachella Valley since 1950. He said her question dealt with the naming of a variety of streets in the Valley and why there was no Bing Crosby Street in Palm Desert, since he was one of the earliest residents in terms of celebrity residents. He said this might be something the Council would wish to consider if and when the matter of naming a street after a celebrity comes up. 4. Mayor Crites stated that he had received a letter from Shea Neu, the Festival Director for the Dance Under the Stars, the choreography festival, asking for the Mayor to appoint someone to serve on their steering committee this year. He asked if any member of the Council wished to serve on the steering committee before he sends the matter to the Promotion Committee to appoint a representative. With Council concurrence, Councilmember Spiegel was appointed as the Council representative to this committee. 5. Mayor Crites stated that he had attended the proclamation signing for Martin Luther King, Jr. Day in the City of La Quinta. He said he had noticed that La Quinta has a beautiful display with the City bird, City flower, and City tree. He said he did not know whether Palm Desert had any of those three things but that Council might wish to consider it. Councilmember Benson stated that Palm Desert did have a City flower, the Verbena. Mayor Crites stated that the Desert Willow might be an appropriate tree for Palm Desert. Mayor Pro-Tem Ferguson stated that in the tradition of Mayor Crites, he would not want to have a City tree that is not indigenous to the desert. If the Desert Willow is indigenous to the desert, he felt it would be a great idea to have it as the City tree; however, if it is not, Council might wish to choose another one. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites responded that the Desert Willow is indigenous to Palm Desert. Councilman Spiegel moved to adjourn the meeting to Closed Session at 5:17 p.m. Motion was seconded by Ferguson and carried by unanimous vote. The meeting was reconvened at 7:00 p.m. XIV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RON JACKSON IN RECOGNITION OF HIS SERVICE TO THE CITY OF PALM DESERT AND ITS PUBLIC SAFETY COMMISSION. With Council concurrence, this matter was continued to the meeting of January 27, 2000. B. PRESENTATION TO GARY GOODSELL AND ALISA WEATHERLY OF PUBLICITY UNLIMITED, AND MOLLIE DOYLE AND NICOLE BOGGS OF WESTFIELD SHOPPINGTOWN PALM DESERT FOR THEIR CONTRIBUTION TO THE SUCCESS OF THE "MILLENNIUM LIGHTS" EVENT HELD DECEMBER 30-31, 1999. On behalf of the entire City Council, Mayor Crites made a presentation to Gary Goodsell, Alisa Weatherly, Mollie Doyle, and Nicole Boggs for their contribution to the success of the "Millennium Lights" event held December 30-31, 1999, at the Westfield Shoppingtown Palm Desert. XVI. 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, Al -TER 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). Mayor Crites stated that staff's recommendation was to continue this public hearing to the meeting of February 10, 2000. He declared the public hearing open and invited testimony. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * MR. TIMOTHY WANITIAN, Law Offices of Charles Koller and attorney of record for Caesar's Emperor, stated that he would agree to the continuance. Councilman Spiegel moved to continue this matter to the meeting of February 10, 2000. Motion was seconded by Ferguson and carried by unanimous vote. B. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE, CHAPTER 25.04, DEFINITIONS, PALM DESERT MUNICIPAL CODE, TO ADD DEFINITIONS FOR "BAR OR LOUNGE," "NIGHTCLUB," AND "RESTAURANT" ZOA 99-2 (City of Palm Desert, Applicant). Mr. Diaz noted the report in the packets and stated that Mr. Drell was available to answer any questions. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this matter. No testimony was offered, and he declared the public hearing closed. Councilmember Benson moved to waive further reading and pass Ordinance No. 933 to second reading. Motion was seconded by Spiegel and carried by unanimous vote. C. REOUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NO. 38 (APN 622-351-038-6) LOCATED AT 43-155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Diaz noted that this was similar to other sales that had been done in the past. 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 Kelly moved to: 1) Waive further reading and adopt City Council Resolution No. 00-7, authorizing the Palm Desert Redevelopment Agency to sell Mobile Home Lot No. 38 located at 43-155 Portola Avenue (Portola Palms Mobile Home Park) at fair market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 386, making and finding that the sales price for the lot 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 Ferguson and carried by unanimous vote. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 13, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XVII. ADJOURNMENT With Council concurrence, the meeting was adjourned at 7:05 p.m. to 9:00 a.m. on Friday, January 14, 2000, for a meeting of the University Planning Committee for California State University, San Bernardino at Palm Desert, at the Main Campus in San Bernardino, pursuant to Government Code Section 54954(b)(3). ATTEST: BUFORlYA. CRITES, MAYOR RACIiELLE D. EN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 28