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HomeMy WebLinkAbout2000-01-27MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:04 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 ACM/Director of Administrative Services Rachelle D. Klassen, Acting City Clerk Richard J. Folkers, ACM/Director of Public Works Carlos L. Ortega, RDA Executive Director Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Mayor Crites noted an individual in the audience who needed to leave early and wished to address Old Business Item B. MR. ROBERT GRECO, 280 Desert Holly Drive, Palm Desert, addressed the Council and stated that he had been a resident/non-resident of Palm Desert since 1993. He stated that even though he was not considered a resident according to the policy regarding resident cards for Desert Willow, he felt he was part of the community. He said he spent a considerable part of the winter in Palm Desert, including eating out at local restaurants almost nightly and shopping in Palm Desert as well. He said with the recent decisions as far as Desert Willow Golf Resort, he had been absolutely excluded from resident status. He noted he had phoned Desert Willow Golf Resort and asked them to look up how many times he played golf there the last 12 months, and the number was zero for him and his wife, although they had tried several times to play and could never get on the course. He said the issue he was addressing at this time was not the fact that they could not get on the golf course, it was the fact that they were excluded, and he asked that the Council make some type of exception for the people who live in the community a great deal of the time. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson stated that there was no policy distinguishing between part-time and full- time residents and playing golf at a reduced rate. He said the policy was simply that an individual produce a California identification card or driver's license with a Palm Desert address. He said individuals can go to the Department of Motor Vehicles, give their Palm Desert address, show one month's utility bills, and receive an identification card. He said this matter would be cleared up later in the meeting. Mr. Greco stated that he had a letter from Councilman Kelly and had spoken with him three weeks ago, and Councilman Kelly stated emphatically that he had to either be registered as a voter in the State of California or have a driver's license showing that he was a full-time resident in the State of California and that there would be no exceptions to this. Councilman Kelly stated that he had never advised that an individual must be a registered voter in California. Mayor Crites stated that the Council would review the current Desert Willow Golf Resort resident policy later in the meeting. MR. DAVID RONCO, P.O. Box 2385, Seal Beach, California 90740, Phone: (562) 208-4350, requested approval for a marathon event which he had been working on with CalTrans for the past year and a half, the last four miles of which would be in Palm Desert. He said he was wholly dedicated to not creating any kind of inconvenience to the citizens of Palm Desert and wished to make it mutually beneficial by bringing in a substantial amount of toys and money for Palm Desert charities. He read a prepared statement (on file and of record in the City Clerk's Office), noting the event was planned for the third Sunday in May. It would begin at approximately 5:15 a.m. and would end some time between 7:30 a.m. and 9:30 a.m. on Highway 74, one block south of El Paseo. He noted that emergency operations would not be compromised in any way. He added that the City of Palm Desert, at no expense, would instantly gain the notoriety of affording the fastest USA Track & Field certified marathon in the country and would be viewed as embracing the needs of a national running community, and the advertisement value created by promotions in only two of the major running publications would extend to over 800,000 potential tourists. Councilman Spiegel expressed concern with closing two-lane Highway 74 above Palm Desert. Mr. Ronco responded that only portions of the road would be closed where the runners are. The road is four lanes once it gets to the Tourist Center, and none of the lanes would have to be closed from that point on. He said CalTrans had conditionally agreed to this, contingent upon consent of the City of Palm Desert. 2 PRELIMINARY MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites stated that the Council was not, by law, allowed to take action on this matter at this time; however, the matter would be referred to staff. The Council would then, through staff, convey to Mr. Ronco any and all concerns. He added that he had suggested to Mr. Ronco prior to this meeting that he meet with the Pinyon Community Council since the race begins in the heart of that community. Mrs. Gilligan noted that Mr. Ronco was working with Community Affairs Specialist Pat Scully and Mark Greenwood from the Department of Public Works. She said until staff has answers from Mr. Greenwood, the matter could not be moved forward for Council' s recommendation. She added that staff would continue to work with Mr. Ronco on this matter. MR. CARL HILGENFELDT, resident and representative for Ivey Ranch, stated that he had read the article in the newspaper today relative to annexation. He reminded the Council of the request made in 1990 by the Ivey Ranch community to be included in Palm Desert. He said they were told they had to wait until Cook Street went through; he said he had then prepared and submitted to Mr. Drell a petition signed by 75 % of the owners in their community, and he hoped the City of Palm Desert was still considering this area. Mayor Crites stated that this matter would be referred to staff for a report and recommendation. III. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 13, 2000. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 31, 34, 35, 34PD Office Complex, and 35PD Office Complex. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Marriott Resorts Hospitality Corporation, 10000 Jasmine Court, Palm Desert. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MINUTES of City Committee and Commission Meetings. 1. Civic Arts Committee Meeting of December 13, 1999. 2. Golf Course Committee Meetings of November 8, and December 2, 1999. 3. Library Promotion Committee Meeting of December 8, 1999. Rec: Receive and file. E. REOUEST FOR APPROVAL of Revised Agreement with the State of California Department of Transportation for Electrical Facilities in the City of Palm Desert (Contract No. C17020). This item was removed from the Consent Calendar and continued to the City Council meeting of February 10, 2000. F. REOUEST FOR APPROVAL of Change Order No. 2 to Contract No. C 15420 -- Civic Center East Wing Tenant Improvements. This item was removed from the Consent Calendar and continued to the City Council meeting of February 10, 2000. G. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16060 — Monterey Avenue Widening from San Gorgonio Way to Hacienda de Monterey (Project No. 672-98). Rec: By Minute Motion: 1) Approve the subject change order to the contract with Dateland Construction, Coachella, California, in the amount of $2,584.40; 2) authorize the Mayor to execute same; 3) authorize the transfer of said funds from contingency to base contract. H. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C14950 — Portola Avenue/El Paseo Alleyway Improvements (Project No. 671-98) (Cooley Construction, Inc.). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. I. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C15920 — Intersection Improvements to Highway 111 and San Pablo Avenue between Larkspur Lane and San Marcos Avenue (Project No. 634-96) (Matich Corporation). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C16160 -- Hovley Lane Wall and Landscaping Improvements between Kansas and Idaho Streets (Palm Desert Country Club Perimeter) (Ground Zero Demolition 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. K. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C16350 -- Civic Center Heating, Ventilation, and Air Conditioning (HVAC) Systems Replacement (Project No. 760-99) (Hugh Hoard, Inc.). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REOUEST FOR AUTHORIZATION to Release Letter of Credit Posted by American Stores Company. Rec: By Minute Motion, authorize the City Manager to release the subject Letter of Credit (No. 919178), which was posted as security for performance of certain City Council conditions prescribed in Exhibit "C" of its Resolution No. 95-37. M. REOUEST FOR APPROVAL of Business License Refund for License No. 99-08451 (Alicia Maestas, Applicant). Rec: By Minute Motion, approve the subject business license refund in the amount of $68.25 for the unused portion from the FY 1999/2000 budget. N. REOUEST FOR APPROVAL of Out -Of -State Travel for the Senior Construction Inspector to Attend the Radiation Safety & Management Seminar to be held in Las Vegas, Nevada, March 6-8, 2000. Rec: By Minute Motion, approve the subject request. O. REOUEST FOR APPROVAL of Funding for the Dance Under the Stars Choreography Festival to be held at the Palm Desert Civic Center Park on Saturday, April 1, 2000. Rec: By Minute Motion: 1) Recognize the benefits of the subject festival and approve funding in the amount of $12,000 for the third annual event; 2) appropriate $6,000 from the Unobligated General Fund to Account No. 110-4800-454-3880 for same. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * P. REOUEST FOR APPROVAL of 2000 Summer of Fun - "Haute Nites, Cool Sounds" Concerts Contracts. Q. Rec: By Minute Motion, concur with the recommendation of the Civic Arts Committee and: 1) Approve the attached lineup for the 2000 Summer of Fun Series; 2) authorize the Mayor to execute the following contracts, as presented: Contract No. C17030 - Kal David & The Real Deal ($1,700); Contract No. C17040 - Limpopo ($2,000); Contract No. C17050 - Mamborama ($2,000); Contract No. C17060 - Side Street Strutters ($5,000); Contract No. C17070 - Ira Liss Big Band Machine ($4,000); Contract No. C17080 - Riverside Symphony ($12,000). REOUEST FOR APPROVAL of Audio/Lighting Services for the "Haute Nites, Cool Sounds" 2000 Summer Concert Series. Rec: By Minute Motion, authorize Musicians Outlet, Palm Desert, California, to provide the subject services for the eight scheduled concerts to be held in the Palm Desert Civic Center Park Amphitheater in the amount of $1,400 per event, totaling $11,200. R. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Citywide Tree Trimming (Project No. 588-00, Contract No. C17090), Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project -- funds are available in various landscape maintenance accounts for same. S. REOUEST FOR AUTHORIZATION to Expend Grant Funds -- Cal Cops 99-00. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission and authorize staff to expend the subject funds, totaling approximately $54,676.47, as outlined in the accompanying report. Mr. Diaz asked that Item E be removed and continued to the next meeting. Mrs. Gilligan asked that Item F also be continued to the next meeting. Upon motion by Ferguson, second by Kelly, and unanimous vote of the Council, Items E and F were continued to the City Council meeting of February 10, 2000, and the remainder of the Consent Calendar was approved as presented. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT ITEMS HELD OVER Items E and F of the Consent Calendar were continued to the meeting of February 10, 2000. V. RESOLUTIONS None VI. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 927 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ENACTING A PUBLIC CONTRACT CODE. Mr. Diaz stated that there had been no changes to this ordinance since its introduction. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 927. Motion was seconded by Ferguson and carried by unanimous vote. B. ORDINANCE NO. 928 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 3.32 OF SAID CITY, DEALING WITH PURCHASING POLICIES AND PROCEDURES. Mr. Diaz stated that there had been no changes to this ordinance since its introduction. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 928. Motion was seconded by Ferguson and carried by unanimous vote. C. ORDINANCE NO. 933 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE PALM DESERT MUNICIPAL CODE, CHAPTER 25.04, DEFINITIONS, ADDING DEFINITIONS FOR "BAR OR LOUNGE," "NIGHTCLUB," AND "RESTAURANT." (City of Palm Desert, Applicant). Mr. Diaz stated that there had been no changes since introduction of this ordinance. Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 933. Motion was seconded by Kelly and carried by unanimous vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. NEW BUSINESS A. REOUEST FOR APPROVAL OF FLEET VEHICLE REPLACEMENT AND PURCHASE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY) . Mr. Ortega noted the report in the packets and offered to answer any questions. Member/Councilman Kelly moved to, by Minute Motion: 1) Approve the lease termination with Ford for the four Ranger Electric Vehicle pick-up trucks (Contract Nos. C14850 and R15290); 2) authorize the purchase of replacement and additional fleet vehicles, Ford F-150 dedicated CNG pick-up trucks, from Fritts Ford, Riverside, California; 3) authorize the City Clerk to advertise and call for bids for two fleet replacement dedicated CNG sedans; 4) authorize the appropriation of up to $200,000 from the AB2766 Local Government Air Quality Fund and Unobligated General Fund Reserves for the purchase of said vehicles. Motion was seconded by Spiegel. Vice Chairman/Mayor Pro-Tem Ferguson stated that as he read the report, this would authorize up to $200,000 for the purchase of four pickups, and he felt this amount seemed a little high. Mr. Tom Bassler, Senior Management Analyst, responded that a total of ten vehicles would be purchased. He noted the last page of the staff report and the estimated budget. He said there were some monies that would be included from Local Government Subvention Funds in the amount of $104,000. In addition, $30,000 from the Redevelopment Agency would be transferred back to the City. He said there was also the possibility of some money from Abandoned Vehicle Abatement Fund. Chairman/Mayor Crites called for the vote, and the motion carried by unanimous vote. B. REOUEST FOR APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENTS FOR THE 1999/2000 FUNDING YEAR. Mr. Diaz noted the report in the packets and stated that staff member Ray Janes was available to answer any questions. Mayor Pro-Tem Ferguson moved to, by Minute Motion, approve the following CDBG Subrecipient Agreements and authorize the Mayor to execute same: 1) Foundation for the Retarded - $65,000 (Contract No. C17100); 2) Joslyn Cove Senior Center - $6,000 (Contract No. C17110); 3) Shelter From the Storm - $11,773 (Contract No. C17120); 4) Palm Desert Redevelopment Agency - $40,383 (Contract No. C17130); 5) ABC Recovery Center - $10,000 (Contract No. C17140); 6) Riverside County Department of Public Social Services - $2,000 (Contract No. C17150); 7) Housing Authority of the County of Riverside - $8,500 (Contract No. C17160); 8) Coachella Valley Boxing Club - $2,500 (Contract No. C17170). Motion was seconded by Spiegel and carried by unanimous vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. REOUEST FOR AUTHORIZATION TO REQUEST PROPOSALS FOR ARCHITECTURAL DESIGN SERVICES FOR THE CIVIC CENTER COUNCIL CHAMBER ATRIUM STRUCTURE (CONTRACT NO. C17180). Mr. Diaz stated that this was a recommendation from the Landscape Beautification Committee and would authorize staff to request proposals. Mayor Pro-Tem Ferguson asked Councilman Kelly to describe the proposed structure. Councilman Kelly stated that it would be a covered structure directly in front of the Council Chamber which could be used for receptions and community events. He said it would be open on the sides but would be protected from rain, and it would also be a semi -controlled environment with a water feature and special plants. Councilman Spiegel moved to, by Minute Motion, authorize Public Works Department staff to request proposals from at least three local architects for design services for the subject project -- funds are available in Account No. 110-4300-413-3010. Motion was seconded by Ferguson and carried by unanimous vote. D. CONSIDERATION OF HILLSIDE HOME WITHIN THE MOUNTAINS AT BIGHORN DEVELOPMENT (LOT 5) (Fedderly Companies, Applicant). Mr. Drell reviewed the staff report, noting that since standards had not been developed for hillside homes, it had been recommended that any hillside homes be reviewed by the City Council. He said this proposed residence was for Lot 5 in the Mountains of Bighorn, and except for one window visible from Highway 74, would be screened by the landscaping and the berm. He said Council had in their packets exhibits showing the elevations of the house. He added that the Architectural Review Commission noted there was one two-story elevation which was exposed and was originally shown as a masonry facade, and the Commission required that it be faced in faux stone. He said that based on the design, how it is being set into the lot, the various undulations of the roof line and the wall, and its relative location and visibility from Highway 74, the Architectural Review Commission recommended approval. Mayor Crites stated that he had visited the site with Mr. Fedderly, and he felt the staff report was accurate in terms of the visibility of the proposed structure and the design standards and colors. Mayor Crites moved to, by Minute Motion, approve the hillside home within the Mountains of Bighorn Development (Lot 5) as recommended by the Architectural Review Commission. Motion was seconded by Ferguson. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson stated that he hoped people who seek to build homes in the hillsides look at plans like this and learn from them. Mayor Crites called for the vote, and the motion carried by unanimous vote of the Council. E. CONSIDERATION OF PLANS TO COOPERATE WITH LOCAL SCHOOLS FOR ARTISTIC TREATMENT FOR FRED WARING WELL SITE ENCLOSURE. Mr. Diaz noted the staff report in the packets and offered to answer any questions. Councilman Spiegel questioned whether the pump and equipment would be visible through the fence if it were constructed similar to that at Desert Willow Resort. Mrs. Gilligan stated that staff was originally looking at something to be designed by Allen Root; however, the project was not big enough, and it was decided to go to the schools and put up a plywood fence or something similar and have the Middle School and High School students come up with artistic projects for it. She said this would be a temporary wall until such time as the permanent wall could be constructed, and then it might be something that Allen Root would do similar to Desert Willow. Councilman Kelly stated that on the basis of knowing how long these kinds of things sometimes take, and because a temporary fence might be there for quite a while, he would support doing something permanent to begin with. He said he also supported involving the schools in the design of the fence, but he would not like to see a wooden fence with murals on it. Mayor Pro-Tem Ferguson agreed that he would not like to see a wooden fence; however, he also agreed with Councilman Spiegel and did not want an open -style fence at all because the only view would be of the pump equipment, and the whole purpose for a fence was to screen the equipment. Mrs. Gilligan stated that while the proposal from Allen Root had a fence, it also had a wall recessed behind the fence so that the well site would not be visible. She said if council wanted staff to move in that direction and have a permanent fence and then rearrange it when the property becomes larger, that could be looked at and brought back at the next meeting. Mrs. Gilligan stated that what originally changed the fence from permanent to this structure was the fact that the house next to the well site could not be purchased. She said staff was going to continue negotiating with that, but there was a holdup. She added that staff would bring back some type of design. Councilman Spiegel moved to continue this matter to the meeting of February 24, 2000, with staff directed to further refine the project. Motion was seconded by Ferguson and carried by unanimous vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VM. CONTINUED BUSINESS A. PRESENTATION OF STATUS REPORT REGARDING SECONDARY ACCESS AT VISTA PASEO (Continued from the meetings of November 18, and December 9, 1999). Mr. Folkers reviewed the staff report, noting that a community meeting had been conducted on January 12, 2000, to determine the secondary access, and it was attended by 27 residents representing the Vista Paseo development, Indian Creek Villas development, and the residential neighborhood to the north of Vista Paseo. He said the meeting was congenial; however, there was difference of opinion with regard to access from the south end. He said staff felt the entire situation should be discussed with not only the boards but with the residents as well. Staff felt it did not have the necessary information to make a decision at this point in time and recommended that this matter be continued for two meetings. MR. LENARD STUESSEL, President of the Vista Paseo Homeowners Association, stated that this issue had begun October 13, 1999, and there was a letter from their legal representative, Wayne Guralnick, which was sent to the City of Palm Desert. On November 18, 1999, City staff suggested that the matter be dropped. Then on January 5, 2000, the matter was reopened by a letter to the Vista Paseo Homeowners Association, and representatives attended the meeting on January 12th. At that meeting, it was agreed that the City would conduct traffic counts, and that was concluded today. He reiterated that residents of Vista Paseo believe this is the wrong thing to do and is unsafe. MR. WAYNE GURALNICK, 74-399 Highway 111, Palm Desert, General Counsel for Vista Paseo, said there was a difference of opinion relative to property rights where this gate was proposed to be installed. He said there was apparently a drainage area that goes directly behind the wall, owned by Indian Creek. He noted that when Vista Paseo went through its second phase, and the developers wanted to do the construction access, Indian Creek was asked if there could be construction access through there, and it was denied. Documents were provided which seemed to indicate that Vista Paseo did not have any rights to open up that area, and it was a given that this would never be opened up again. He said there were several questions that needed to be answered such as who would pay for the gate, and the Association did not want to pay for a new gate. Another issue was the maintenance costs and who would pay for that. There was also a concern about the security issues that would be created by having a separate access point. He said the most important issue was safety. People who use the gate at Vista Paseo would ultimately end up on Highway 74, where making a left turn to go north was very dangerous. He said if this was all to alleviate some of the traffic in that area, he did not believe all the money and expense would actually solve the problem. He requested that the matter be tabled completely. Councilmember Benson agreed with Mr. Guralnick and stated that this was meant to be emergency access only, and a promise was made that it would never be opened. She said it had come back to the Council over and over again. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson stated that there were people who were not at this meeting, who did not live at Vista Paseo, and who were planning to come to the next meeting. Out of fairness to them, he felt they should be given the opportunity to be heard. He said one individual had come to his office and given him a letter where the developer promised a second access to the homeowners approximately 12 years ago. He said he would like to have a staff analysis on that and a report relative to who was told what and when. He said Council should have all of the facts and then make a decision based on those facts. Mayor Crites asked who the people were who were not from Vista Paseo and who were not at this meeting. Mayor Pro-Tem Ferguson stated they were people who met with the City Manager and Traffic Engineer and residents of Vista Paseo. Upon question by Mayor Crites relative to why they were not at this meeting, Mayor Pro-Tem Ferguson stated that the gentleman who visited him stated he was told this matter was being continued for two weeks, and that is why he did not attend. Upon question by Councilman Spiegel, Mr. Folkers responded that staff indicated the counts were going to be conducted. Staff's intention was to receive and file this report and then come back to Council on February 24, 2000, with the information on the counts. Mayor Crites stated that if he were a resident and read the last sentence in the staff report, he would interpret it to mean that staff had told other people that no action would be taken until the meeting of February 24th. Mr. Folkers recommended that the matter be continued to the meeting of February 24, 2000. Mayor Crites stated that he did not want to receive and file the subject report unless something was being done with it, and he expressed concern that some residents came to the meeting thinking that some action was going to be taken, while others were advised that no action would be taken until February 24th. Mr. Joe Gaugush, Engineering Manager, stated that it was presented to the people who attended the community meeting that staff would not bring a request for action to the Council until after the data had been collected. He said the item had been continued to this specific Council meeting, and that is why it was on the Agenda. The report was nothing more than an informational item to let Council know where the matter is. Mayor Pro-Tem Ferguson asked if the residents of Vista Paseo were aware that there would be no action taken at this meeting, and Mr. Gaugush responded that it was clearly presented at the meeting of January 12th. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to continue this matter to the meeting of January 24, 2000. Motion was seconded by Ferguson and carried by unanimous vote. B. 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) (Continued from the meeting of January 13, 2000). With Council concurrence, Items B and C were considered jointly. Mr. Drell stated that the Architectural Review Commission felt the submittals did not meet the architectural standards for projects within the City. He said the general sense was that the proposal did not represent a significant enough improvement over the existing building to warrant approval, and the hope was that the applicant would be encouraged to be a little more ambitious in the scope and style of the remodel. He said after discussing these issues with the applicant, staff became convinced that the applicant was firmly committed to the style of the proposal due to economic considerations and because they felt what they presented represented the corporate image they wish to convey. Mr. Drell stated he had additional suggestions relative to the proposal which were not included in the staff report. While it would assume the basic style of the proposal, it would require that proposed new fascia extend around all exposed sides of the building. There was a lot of exposed pavement that could be used for a lot more landscaping on the property, especially on the San Pablo site where the gas use had been abandoned. With regard to the facade, there was significant benefit if they could extend it around the back to screen all the exposed rooftop equipment. Mayor Pro-Tem Ferguson stated that while this sounded good, he could not analyze it in concept, and he felt it should go back to Architectural Review Commission. Mr. Drell agreed and said that was staff's recommendation, but it would be based on accepting the style in concept. Council disagreed and said that would be the Architectural Review Commission's responsibility. Mayor Crites invited testimony from the applicant. MR. AHMAD GHADERI, A & S Engineering, 207 W. Alameda #203, Burbank, addressed the Council and stated that his firm had been retained by Tosco Marketing to obtain the necessary design approval for the exterior facade remodel of the subject sites. He reviewed his letter dated January 25, 2000 (on file and of record in the City Clerk's Office). He said 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * he felt the proposed modifications with the stucco finish and earth tone color on the proposed fascia were consistent with a number of other projects which had recently been approved, and he asked that Council direct staff to approve the proposal and allow Tosco Marketing to upgrade its facilities. MR. JOHN WILLIAMS, Division Manager for Tosco Marketing for the Inland Empire, stated that they operated 98 Circle K/76 sites, of which approximately 20 were in the Coachella Valley and the upper desert. He said they had already done ten remodels in the desert similar to what they were proposing here. These were existing facilities, and there were budgetary considerations with regard to how the modifications are done. He said he felt they had made some nice compromises with regard to the exteriors, and they were presently remodeling the interiors, including dropping the ceilings, lighting up the store, and changing the flooring. He asked that Council approve the proposed modifications. MR. VICTOR NASSEREDDIN, Engineering Construction Manager for Tosco Corporation, owner of the Circle K/76 facilities throughout southern California, said projects like this had been adopted by several cities and counties throughout the nation and world, including Korea and Japan. He noted that he was surprised that the City of Palm Desert would object to a project like this, where they have the opportunity to enhance the facility and be part of this community. He said he felt this project would enhance the image of Circle K, and he asked that the Council approve the proposal. He added that he would personally pledge to work with the City directly on this issue. Councilman Spiegel asked if this new design and the suggestions stated by Mr. Drell had gone back to Architectural Review for consideration. Mr. Drell responded that it had not and stated that the design in front of the Council also had some enhancements that the Architectural Review Commission had not yet seen because it was received yesterday. Councilmember Benson stated that while she did not feel it did justice to the buildings, they were old buildings and did need to be cleaned up and given a fresh look. She recommended that this be sent back to the Architectural Review Commission for consideration. She added that she felt everything possible should be done to make the buildings look better. Councilman Spiegel agreed. Mayor Crites stated that he understood budgetary considerations; however, he felt the applicant would be spending very little to upgrade stores that provided a lot of income. He said he felt the applicant needed to go back and tell the corporate people that it is embarrassing to propose something that is substandard and have it considered because it is less substandard than what is there now. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson added that these two stores were the busiest in the Circle K chain that he had ever seen. He said if he were the applicant, he would go back to the corporate people and find a way to do something more than just adding some paint, cutting off an awning, exposing roof equipment, and basically doing nothing for the back and sides of the building. He said he felt the applicant should go back to Architectural Review Commission, read their comments, take some of their suggestions to heart, and come back to the Council with something that everyone can be proud of. Mr. Drell stated that his suggestions were just produced today and that the applicant had just heard them at this meeting and had not agreed to any of them. Councilman Spiegel moved to refer Items B and C to the Architectural Review Commission. Motion was seconded by Ferguson and carried by unanimous vote. C. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING A REQUEST TO REMODEL THE EXISTING BUILDING FASCIA AND INSTALL NEW SIGNAGE AT CIRCLE K LOCATED AT 44-775 SAN PABLO AVENUE Case No. 99-78SA (Circle K c/o A & S Engineering, Applicant/Appellant) (Continued from the meeting of January 13, 2000). This item was considered jointly with Item B above and was unanimously referred to the Architectural Review Commission. D. CONSIDERATION OF PARKING AT WASHINGTON CHARTER SCHOOL (Continued from the meeting of January 13, 2000). Mr. Mark Greenwood, Transportation Engineer, reviewed the staff report, noting that this issue had been before the Council several times in the past. He said the biggest change since the last time this item was before the Council was the fact that a neighborhood meeting had been held on December 16, 1999, at Washington Charter School. Although 75 notices had been hand -delivered to residents, only two people attended the meeting, and they were supportive of the project. Following the meeting, he received three telephone calls from residents and property owners. One resident directly across the street on Lantana was very supportive of the project. A resident at the intersection of Chicory and Lantana expressed concern about the expanse of concrete that might be part of the view from her front window, and the owner of a duplex was concerned that the project might somehow affect property values in a negative way and might endanger the safety of the children. He said he had taken these concerns into consideration, and staff was reviewing street lighting around Washington Charter School to compare it with other schools, and it appeared that some additional street lighting would be appropriate. With regard to student safety, staff felt the area would be safer after the project than it is now. He noted a sketch of the proposal in the packets. He said there were approximately 16 parallel parking spaces at the curb now, and the proposal would widen the street and move the curb approximately to where the back of the sidewalk is now. 15 MINUTFS REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * While the current sidewalk is 12 feet wide, a five- to eight -foot -wide sidewalk would be built behind where the fence is currently located. He said the proposal would allow for 44 parking spaces, a substantial improvement to the situation as it is now, although there would still be a shortage of parking. He said the two questions to be considered at this time were as follows: Is this a good project, something that we would like to see happen? - How are we going to pay for it? He offered to answer any questions. Upon question by Councilman Spiegel relative to how it will be funded, Mr. Greenwood responded that it was not included in any work plans and/or budgets for Desert Sands Unified School District, Washington Charter School, or the City of Palm Desert. He said he believed the City could find the money if Council decided this was a worthy project to fund. Councilmember Benson agreed with the resident on Lantana who expressed concern with the expanse of parking lot that would be visible. She asked if several of the spaces could be deleted and instead replaced with some kind of plant and flower treatment. Mr. Greenwood responded that while that was a possibility, the pressure for parking there was so intense that staff hated to lose any of the spaces that could be gained; however, if that was Council's desire, it was certainly possible to do. He added that when the process was begun for this project, staff was not aware that Parks & Recreation was considering improvements on the playground. He said these two projects could be coordinated, and the Parks & Recreation project might offer the ability to do some improved trees and other plants. Councilman Kelly stated that he had seen a proposal whereby the Parks & Recreation Department was working on combining the school's use with a neighborhood park. He felt this particular project could be tied in with it as well, and this might take care of Councilmember Benson's concerns. He added that he felt this might justify some expenditure by the City of Palm Desert. Councilman Spiegel stated that the City' s Parks & Recreation Commission was currently working on this issue. He said members agreed it should happen if the Desert'Sands Unified School District would agree to the proposal so that the park would be open to residents during the summer and on weekends and available to the school during the school day. Mayor Crites invited testimony from the audience. MR. ALLAN LEHMANN, Principal of Washington Charter School, stated that he transports his second -grade son to Washington Charter School every day by way of a vehicle and also has had the opportunity to be at the school many mornings and see the flow of traffic through the area. He noted that on any given day, there are 300 to 400 vehicles that go through that 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * area, and it is difficult for residents in the area to get into and out of their residences because of the bottleneck around the school. He said parking was an issue. There are approximately 28 available parking spots at the school, with a staff of over 50, and arrangements had been made to allow some of the staff to park in the lots of the two adjacent churches. He said there was a safety issue as well, with a number of near accidents involving students. He added that the parents were strongly in support of the proposal, and he felt it would be a win -win situation for everyone involved. He said he wanted to work with the neighbors to address their concerns as well. Councilman Spiegel congratulated Washington Charter School for being one of the three top schools in the Coachella Valley. Mayor Pro-Tem Ferguson stated he felt if the Council cannot spend money on this, it cannot spend money on anything because this helps the students, the neighbors, the church parishioners, Parks & Recreation, etc. He said he could not think of anything where the City would get more "bang for its buck" than this. Mayor Pro-Tem Ferguson moved to, by Minute Motion, approve the parking project in concept, including all components suggested, and direct staff to coordinate efforts with the joint use project being developed through the Parks & Recreation Commission. Motion was seconded by Benson and carried by unanimous vote. MS. PEGGY REYES, Director of Facility Services for Desert Sands Unified School District, stated that the Board of Desert Sands was very enthusiastic about this project and supported the City in its efforts to help improve the parking situation. She said the Board had indicated it would be willing to participate in funding for a new fence along Lantana. She noted that the existing fence was in very poor condition, and while they did not have the resources to provide wrought iron, they did have limited resources to provide a new chain link fence. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. E. PRESENTATION OF UPDATE RELATIVE TO THE RIVERSIDE COUNTY INTEGRATED PLAN BY A MEMBER OF THE RIVERSIDE COUNTY INTEGRATED PLANNING TEAM (Continued from the meeting of January 13, 2000). MR. JAMES HENDERSON, Project Manager for the Riverside County Integrated Planning Team, stated they were before the Council because they had seen a dramatic increase in the population of California over the last number of years, and it showed no signs of abating. He said there would be another 18 million people in California within the next 20 years, a 50% increase, with 6 million of those people coming to southern California. Because the rest of southern California was pretty well built out, approximately 1.5 million of those people would come to Riverside County. He noted that the County had spent a year and a half trying to 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * determine how it and its unincorporated areas could help to solve that problem. It was felt the cities should also be involved in this process since they make up a significant portion of the County. He said it was important to ensure that the growth goes in places that do not affect our open spaces and is in places that can be reached with transportation facilities. The response was the Riverside County Integrated Plan, which was a three-part program involving mobility through the transportation element, land use, and preservation of open space. He said they would have a plan scoped out within the next three months. They would then have a year to get it all pulled together, and the third year hopefully would be the approval process. No Council action was necessary or taken on this matter. IX. OLD BUSINESS A. CONSIDERATION OF RESPONSE TO COMMENTS BY BILL HARRIS OF THE OFFICE FURNITURE PLACE, CONCERNING APPROVAL OF TEMPORARY RECREATIONAL VEHICLE (RV) SALES AT COSTCO CENTER. Mr. Drell stated that he had received a fax from the landlord that was also signed by Wayne Merritt of RVs of Merritt announcing the termination of the lease as of February 15th and a request that the City rescind the CUP for both the landlord and the applicant. He said as of February 16th, the use and the Conditional Use Permit would be gone. MR. BILL HARRIS stated that he felt his business had been undermined by these people. He said they came before the Council and were not truthful with regard to the people who objected to the temporary recreational vehicle sales. He noted that he had a letter indicating that many of the tenants in that project disagreed with the use of that property. He asked the Council to rescind the agreement immediately to help the tenants regain their strength in the marketplace. He said he felt the RV people had gone out of their way to put the trailers in a position that completely blocks the view of the other tenants. He noted that the trees there were to be trimmed by the landlord three times per year, and that had not been done. Between the trees and the motorhomes, he felt his business had been hurt close to $40,000 per week. He felt 19 additional days to wait for the trailers to be removed from the lot was unreasonable since he had already waited this long, and he felt the Council should rescind the agreement as of this meeting. No Council action was necessary or taken on this matter. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. REVIEW OF CURRENT DESERT WILLOW GOLF RESORT RESIDENT CARD POLICY. Mr. Diaz noted the report in the packets and offered to answer any questions. MS. LIZ LEE, 9 Acapulco Drive, stated that she had one home in Palm Desert and another in Washington. She said she had seen the Desert Sun article on Monday and asked for clarification on who would and would not be considered residents of Palm Desert. She noted that her neighbor had a home in Los Angeles and comes to Palm Desert on weekends, and he is able to play golf at a reduced rate because he has a California driver's license. She said she had a Washington driver's license and lived in Palm Desert six months during the year. She also noted that according to what she read, individuals have to be 62 years of age in order to obtain a California identification card. Mayor Pro-Tem Ferguson stated that he did know of any other issue with which there had been more miscommunication and confusion than this one. He said the policy was that an individual can obtain a resident card for golf at Desert Willow if he/she has either a California driver's license or identification card with a Palm Desert address and one month' s utility bill at that same address and under the same name. He said he had met with a representative at the Department of Motor Vehicles in Palm Springs to go over the qualifications for obtaining a California identification card. He said it was not age specific or dependent and that individuals needed to basically prove who they are with a birth certificate or passport. The address is provided to the DMV by the individuals applying for the card, and DMV will mail the identification card to the applicant. He then responded to a question from the audience and stated that obtaining an identification card did not affect a person's residency because the information is not reported to any other agency. Mrs. Gilligan noted that Mayor Pro-Tem Ferguson failed to note that a social security card is also a requirement, and people from Canada, because they do not have a social security card, can receive a letter of denial from Social Security which will act the same as having a social security number and getting a California identification card. MR. DONALD LIDSTER, 47-109 El Menara Circle, stated he had gone to the DMV earlier that day to get his card and felt he would be the "guinea pig" for a lot of other people who were worried that the Franchise Tax board would hassle them as soon as they get into the computer with this resident card. He said he had telephoned the Franchise Tax Board and was told they did not think there would be any problem; however, he was unable to get that in writing. Mayor Pro-Tem Ferguson stated he felt the individuals' concerns should not be whether they are contacted by the Franchise Tax board but whether they owe income tax by virtue of being a part-time resident of California. He said as he read the statute, that only occurs if individuals earn income while in California. He added that if this is a concern of the people, it is something they need to take up with the Franchise Tax Board. As far as the City of Palm 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Desert is concerned, these individuals could qualify with a California identification card. The only additional wrinkle was that Canadian residents do not have a United States Social Security number and would have to go to the Social Security office to get a letter of denial. He added that Palm Desert' s Canadian residents, part-time residents, and full-time residents can all qualify under this policy, and the only ones who cannot qualify are those who are non- residents. Mayor Crites noted that the City of Palm Springs requires that individuals be registered voters of that city, and this is true in most communities across southern California. He said the golf Course Committee and the City Council were trying to find a way to meet the kind of special needs that Palm Desert has and the kind of residents who are here. Mrs. Gilligan stated that she had called the Department of Motor Vehicles in Sacramento on five different occasions and each time asked where the information goes and whether it is passed to another State agency, and everyone had told her no. She said when she and Mayor Pro-Tem Ferguson visited DMV last Friday, they asked this question and were assured that the information was kept for identification purposes only and passed on to no other State agency. Councilman Spiegel stated that he had called this matter up because he had received a number of complaints from people who own homes in both Palm Desert and elsewhere. He said they spent perhaps 49 % to 50% of the year here and the rest of the time at their other homes, and no one used the Palm Desert home when they are not here. He said they felt they were being denied access. He thanked Acting Assistant City Manager Sheila Gilligan for all of the work she had gone through to get this straightened out. He said as he understood it, if an individual is a Canadian citizen, he/she can present his/her passport to the Social Security office, receive a letter of denial, and take it to the Department of Motor Vehicles, where a five-year photo identification card would be issued and mailed to the individual. If a person lives in another state, has a home in Palm Desert, and lives here a good part of the year, he/she can take his/her Social Security card and birth certificate to DMV and receive a photo identification card good for five years. He said in his opinion, this policy would keep those individuals who do not actually live in Palm Desert from receiving Desert Willow resident cards. Councilmember Benson stated that she was in favor of doing something for the people who live in Palm Desert part-time and contribute to the community. Councilman Kelly stated that he still felt strongly that people should be counted in the census because it is so valuable to the City in so many different ways and is how monies are obtained to fund the City. Mayor Pro-Tem Ferguson moved to, by Minute Motion, concur with the recommendation of the Golf Course Committee to continue with the existing policy. Motion was seconded by Spiegel and carried by unanimous vote. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore, Business Support Manager, stated that there were no new openings or closings to announce at this time. She did note that the Walk of El Paseo, which contains the Office Max store, was currently in escrow. She said she and Mr. Drell had met with the potential new owners, and they had expressed a desire for much -needed renovation of that project. 2. Progress Report on Desert Willow Clubhouse Facility Mr. Yrigoyen stated that he had been working with GTE to resolve some of the language in their easements for the Clubhouse. He said that language was still being finalized. He noted his intent was to bring' this to Council at the next meeting; however, because of the time crunch, he asked that Council authorize staff to enter into a non-exclusive easement with GTE for the Desert Willow Clubhouse site. Councilman Kelly moved to add this matter to the Agenda for discussion and action. Motion was seconded by Ferguson and carried by unanimous vote. Upon question by Councilman Kelly, Mr. Yrigoyen responded that the conduit was in, and all that was needed was to pull the wiring, but that would not be scheduled until three weeks after the easement is obtained. Councilman Kelly moved to, by Minute Motion, authorize staff to enter into a non-exclusive easement with GTE for the Desert Willow Clubhouse site. Upon question by Councilman Spiegel relative to the negative side of this request, Mr. Yrigoyen stated that he had spoken with representatives of GTE, and they wanted a non-exclusive easement over Lots 1 through 15 of Desert Willow, which was the entire Desert Willow site. His concern was that they needed to identify this specific easement alignment, and that was what staff was working on. Mayor Pro-Tem Ferguson asked if the easement would be limited to this line only, and Mr. Yrigoyen agreed. Mayor Pro-Tem seconded the motion, and it carried by unanimous vote. Mr. Yrigoyen added that February 29th was the target date to have the contractor out of there. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Report on Crossing Guard at Gerald Ford Elementary School Mayor Crites noted the report in the packets and asked for staff's recommendation. Mr. Diaz responded that staff was requesting that Council approve continued total funding of the position until the site comes under the jurisdiction of the City of Indian Wells. Councilman Spiegel moved to, by Minute Motion, approve the continued total funding of the position until the site comes under the jurisdiction of the City of Indian Wells, since that city will not pay for this position and there is no money in the Desert Sands Unified School District budget. Motion was seconded by Benson and carried by unanimous vote. B. CITY MANAGER 1. Presentation of Status Report on City Computer Network. Mr. Diaz asked that this matter be continued to the meeting of February 10, 2000, and Council concurred. 2. Bermuda Dunes Community Council Meeting. Note: This item was considered after the Public Hearing during the 7:00 p.m. portion of the meeting. Mr. Diaz stated that an invitation had been received by the City to attend the Bermuda Dunes Community Council Meeting on February 10, 2000. He said there would be representatives at that meeting from LAFCo, the City of La Quinta, and the County of Riverside. He said the City of Palm Desert had been invited to answer some questions, and he recommended that the City send someone to the meeting to listen and bring back information. With Council concurrence, the City Manager was directed to send a representative to the subject meeting on February 10, 2000, to listen and bring back information. C. CITY ATTORNEY Mr. Erwin stated that he had provided packets to each of the Councilmembers consisting of three items: 1) Memorandum/Status Report relative to where we are on subjects for charter cities (no action necessary); 2) Two ordinances dealing with Architectural Review, one of which was potentially an urgency ordinance that would change the membership from five to seven and eliminate alternates. The second ordinance was for Council's review and dealt with 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * the appeals process and was a starting point to clarify that process. He added that he felt the matter should be referred to staff to begin the process. Upon question by Mayor Pro-Tem Ferguson, Mr. Erwin responded that the Council could add these items to the Agenda for consideration at the 7:00 p.m. portion of the meeting. 1) Reauest for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 Conference with Legal Counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 2) Retort and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Consideration of Adding Bermuda Dunes to City of Palm Desert's Sphere of Influence (Mayor Pro-Tempore Jim Ferguson). The following is a verbatim transcript of this portion of the City Council meeting: Key. BAC Mayor Buford A. Crites JF Mayor Pro-Tem Jim Ferguson RAS Councilman Robert A. Spiegel RSK Councilman Richard S. Kelly WG Wayne Guralnick MS Mike Smith FG Frank Goodman ED Ernie Dunlevy DJE David J. Erwin, City Attorney JMB Councilmember Jean M. Benson PD Phil Drell, Director of Community Development RAD Ramon A. Diaz, City Manager RDK Rachelle D. Klassen, Acting City Clerk BAC We have one item that is listed, and that is regarding annexation of Bermuda Dunes to Palm Desert's Sphere of Influence. Mr. Ferguson... JF This is actually a recommendation from the Annexation Committee that Councilmember Spiegel and I sit on. I see several members of Bermuda Dunes here this evening. We've been approached at various times over the past, I think, five or six years but more recently by representatives from Bermuda Dunes about — Does Palm Desert want to annex Bermuda Dunes? I've talked to Frank Goodman about it, I've talked to Ernie Dunlevy on innumerable occasions about it, and as an Annexation Committee, every time there's an article about La Quinta or Indio or the County or Palm Desert, I start getting phone calls from people in Bermuda Dunes. I also get phone calls from people in Bermuda Dunes who claim that the Community Council doesn't want to be annexed, or they want to go somewhere else, and Councilmember Spiegel and I decided rather than the question being phrased, "Does Palm Desert want to annex Bermuda Dunes?", the question really ought to be, "Does Bermuda Dunes want to come to Palm Desert?" And we met and the recommendation that we made to the City Council was that it, Bermuda Dunes, in a unified voice, decided it wanted to come to the City of Palm Desert. And by unified, we meant 75 % or more, of the people asked say 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * they want to come to Palm Desert, and it can be made financially feasible to come in, however mechanism that Bermuda Dunes wants to take a look at doing that, that Palm Desert would welcome them into our community. And so, rather than having us continually being asked, "Do you want us?", the answer now is, "Sure, but you need to take the steps to make that happen." And that was the recommendation from the Annexation Committee to the Council for discussion. BAC Mr. Spiegel? RAS I have...there's something I'd like to add to that, Mayor Pro-Tem Ferguson. We have done a fiscal impact report on annexing Bermuda Dunes in the past, as most of you are aware, and La Quinta has also done a fiscal impact report on annexing Bermuda Dunes. That's all of Bermuda Dunes. That's not cherry picking, that's all of Bermuda Dunes. And the report gave us a, really, a negative impact. In other words, it would be a financial hardship on the City of Palm Desert to annex Bermuda Dunes, to bring Bermuda Dunes up to the codes of the City. And the last time that we looked at this, we pretty much told Bermuda Dunes, "Look, we couldn't annex you because of the financial impact." So, what I would like to suggest, along with what Mayor Pro-Tem Ferguson said, is that we send the fiscal impact report that was prepared for Palm Desert and for La Quinta to the groups (I think there are two, maybe three groups) in Bermuda Dunes for them to review, with the understanding that, from my standpoint anyway, that without some sort of an assessment district set up so that it would not affect, financially, the City of Palm Desert to annex Bermuda Dunes, I would not be in favor of that. Now that doesn't mean that it couldn't be put into our sphere of influence with that understanding, that if it were ever annexed, that it would be financially neutral. But in order to bring Bermuda Dunes into the City, this is from me, I would not like to see the negative impact, and you should be privy to that so that you can take a look at what it might cost. JF I want to add one... BAC Councilman... RSK Are you finished? JF He's actually (unclear) RSK I thought you were done. JF I did, too. The last time we had a community of basically your size, not geographically but population -wise, that wanted to become identified with Palm Desert, we followed this exact same procedure. It was Del Webb's Sun City. They applied to be in our sphere of influence. We, as I understand it, did not object. They have a Palm Desert address, they're identified with Palm Desert. Financially, it hasn't penciled out yet to extend police and fire and all the other services to them at a cost that makes sense. So, we're in the same situation with Del 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Webb as we would be in if you'd want to make that application to LAFCo, but I'm not sure that we've ever said no to somebody who has come to us and wants to be part of our community in a unified voice where it made financial sense or made no financial non -sense to bring them in. So we're trying to apply the same policy uniformly. BAC Councilman Kelly. RSK Well, I had thought we approved, a couple of years ago, bringing them in the sphere of influence. But, as I remember, Palm Desert Country Club wasn't exactly a...it was a slight economic minus, but also, things have changed in Bermuda Dunes a lot, too, and a large portion of that is a gated community which is a lot less impact as far as the requirement for services and streets and roads and things like that. And I'm not sure, there was some discussion that all of the revenues that would be derived from that annexation were included in that last report, so I'd like...because I don't know if anybody mentioned that...that we take a look at that last report and update it to make it more current. And I suspect that that will make it closer to a break even point than it was at that time. BAC Okay. Any other comments? (Unclear) do that, I would also guess it may very well increase some of the cost figures from that point. So, I'm not sure I share your suspicion that it makes it more likely to be fiscally feasible, but nonetheless, the data need to be examined in an unimpassioned fashion so that we can get some honest readings about what this would or would not do for the current citizens. RAS And I think it would be a good idea for them to see what the reports that we have...they're public record. BAC Fair enough. RAS And there's no reason why you shouldn't have them. BAC Okay. Mr. Guralnick, you wanted to offer comment. WG I'll be brief. Honorable Mayor, Honorable Councilmembers and staff. My name is Wayne Guralnick. I am General Counsel for Bermuda Dunes Community Association and the Security Association. I'm here to represent to you tonight that within one week of getting Councilman Ferguson's phone call asking for input, we got 400 people who have actually responded, and of those, over 90% were in favor. We really want to be in your city. We also understand the first step is getting within the sphere of influence, and we would like, if it is within your power, to do everything you can to get that moving along because that's not a step that will cost you a whole lot of effort other than staff time to get us within the sphere of influence through LAFCo and would like to do that. Also, the Bermuda Dunes Country Club itself, its board unanimously voted to support this proposition. I don't know the answer to this question, but I do believe since the Security Association became the entity that is responsible 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * for the streets, and the place became gated, I would think then that the obligation to upgrade those streets may not come within the parameters of the City's requirements for public streets. They would be exempted therefrom, and possibly then the concerns for the upgrade costs would not be as great as may be suggested by that report, which I have not also seen. So to the extent that that could be reviewed and potentially could change the large picture on that. And then, obviously, if that becomes the case, then maybe the need for an assessment district may be optional if the Bermuda Dunes gated community wants to upgrade from a septic system to a sewer system and curbs and gutters, which it does not have now in many locations. So, but we want, with all due speed and haste and whatever you can do. I know that the Community Association is dedicated to provide human resources to assist you and a volunteer that we can get to. Whatever you need, we want to assist you and we want to be in the City. Thank you. BAC Thank you, sir. May I assume that Mr. Guralnick's sentiments are shared by the folks with him here in the audience? Okay, be it so recorded. If there is anyone else who wishes to offer (unclear) support or request for testimony. MS Good evening, Mr. Mayor and Councilmembers. My name is Mike Smith, and I'm the manager of the Bermuda Dunes Airport, located in Bermuda Dunes. I' m here tonight to speak in favor of us being included in the sphere of influence as well as the possibility for annexation down the road. I did want to mention a couple of things...that I've polled the folks in the businesses that are at the Airport. There are six or seven businesses there, about 50 employees, and in total, they're in favor of us coming under the sphere of influence of the City of Palm Desert. I would like to mention a couple of things about the Airport, that airports usually are funded by the city or by the municipality or county or somebody like that. And it costs a whole bunch of money to run this airport, so expect to put out a lot...no, you won't have to put out a dime. The Airport at Bermuda Dunes is privately owned and privately funded, and it is a public use airport, just like an airport that you would have if you wanted to develop one in your city. So, I think that's an important feature of our operation, and we do have...we're probably one of the largest land holders in the community. We have about 110 acres there at the Airport, and we do service all of the cities in the desert here. We do find that about 50% of our clients are either...have a destination or origin with the City of Palm Desert. So we think we're closely tied to Palm Desert, and we've been there going on 40 years, and I've been there a long time. And we certainly would want you folks to know that we're very, very much in favor of being part of the City of Palm Desert. Thank you. If you have any questions, I'd be happy to answer them. BAC Thank you, sir. Any questions? Thank you. Is there anyone else who wishes to offer comments this evening? FG Good evening. I'm Frank Goodman. I've been working on this for many, many years, as all of you do know. I think it is quite reasonable to assume that we are not going to be annexed 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * in any near future. However, I implore you to help us to get into the sphere of influence, and that is not going to cost you any money, and let's get it done. Thank you. BAC Thank you, sir. RAS Thank you. JF Well, I have... sorry. BAC We have someone else who wishes... ED I'm Ernie Dunlevy, a resident of Bermuda Dunes, obviously. I would like to add to what Mike Smith has said with regard to the Airport. We are not going to look to the City for any funds, nor are we going to share any profits with the City... RAS That was said. ED ...if there are any. And, hopefully, there will be. In any case, I think that all of the people here tonight, and we had three days' notice, I think we heard of this meeting Monday, and, as Mr. Guralnick said, some 400 people responded in favor. I think that we would be very happy to become a...in your sphere of influence, with the understanding that at some future date, we will have to pay the price of annexation, and we're willing to do that. Thank you. BAC Thank you, sir. RAS Thank you. BAC There being no one else, then, I think direction from the Committee... RSK Well, we've talked about doing this before. What do we have to do to make sure the process moves forward? JF Well, that's why I wanted to...this normally would have been put on the Agenda as a recommendation from the Annexation Committee for the Council to take action to accept them in our sphere if they apply and meet all the requirements of LAFCo. It wasn't put on there like that. It was put on there as a Council request for action, so I'm asking, if I would like a vote on that question, to I need to add it by 4/5ths vote, or... DJE No, sire, it's shown as consideration of that action being taken, and that's the requirement. JF So we can just vote on it. DJE Yes. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JF Well, then I would make that motion. BAC Okay, let's get a second first. RSK Second. BAC Okay, there's a motion and a second. Does that, then, include the issues of looking at financial feasibility and such things as that? JF I think it's to accept them in our sphere, with a clear understanding, as articulated by Mr. Goodman and Mr. Dunlevy, that unless it can financially make sense, that we will not annex them. RSK But we put them in the sphere of influence. JF And they will have a Palm Desert address and be affiliated with Palm Desert, secure in the knowledge that they aren't going to have raids by La Quinta or Indio. RSK Well, they wouldn't have to have a Palm Desert address. JMB They don't get a Palm Desert address for sphere of influence. JF According to the Post Office. PD Yes, the location of the Post Office...I'm not sure, we went through a process with Del Webb in dealing with the Post Office and whether that... maybe we can talk to (unclear) find out how we did that. But, more importantly, I think the question is, "Should the City be the initiator of the application of LAFCo?" or you're just directing that we will cooperate with the residents' application. JF The Annexation Committee's recommendation was that Bermuda Dunes be the applicant. BAC Okay. RAS Yes, that's correct. RSK And that we will cooperate in that process, so the folks from Bermuda Dunes need to understand they need to get that application in and get it going. So it's kind of up to you to see how quick that can happen. RAS And then you have the support of Council. That's really what we're kind of indicating tonight, that...I think in all of the annexations, at least since I've been on the Council, that has 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * happened, the people have come to us and then it has gone forward rather than the City going to the people. So we're asking that you work with the County to put in the application. WG Could we have a staff member who we could work with to assist us in that process? RAS Phil Drell? RAD Phil Drell. WG Okay. And maybe he even has applications available. If not, we can... JF Well, and I'll be real up front with you, Wayne, the reason we're doing it this way is because every time you say you want to come into Palm Desert, and I don't doubt it, and the survey that was done five years ago overwhelmingly said you did, we get a call from another Mike Smith, and the Council says, "No, no, no, no, people want to go to La Quinta," and I have a hard time believing that, but as we put the ball in your court, the burden of getting around that and unifying is on you, not on us. WG But it's a long process even among cities that we can expect that once we make the application, that...can the ball then be handed off to staff so that... RAS Yes, it will go to LAFCo, and it will have to go through the whole process. BAC And, again, it's also your business to make, from this one person's perception, to make sure the people understand the difference between sphere of influence and a promise of annexation, that those are very different issues. WG I concur that that distinction needs to be made so people understand that. BAC Because, you know, I may not certainly be on this Council more than a few more months, but whoever sits in this seat should not be approached three years from now with a, "Well, you guys put us in your sphere, now da-da, da-da." RAS You owe us. BAC And that's going to be something that, at least my vote is going to attempt to make it very clear, and it's not an unfriendly issue, but it's the exact same thing that if Bermuda Dunes was a part of Palm Desert and another community said, "We'd like to be in the sphere of influence," that I would feel personally obligated to do for Bermuda Dunes citizens as part of Palm Desert, and that is to make sure that any future annexation does not impact the existing residents in a way that they would not choose to have happen financially. WG I understand. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * JF In fact, what I'm going to do, Wayne, is ask our City Clerk to have verbatim Minutes of this discussion made, and I will present it to the Council and the Association, and the City will keep a copy so it's very clear what we're doing here. And Mayor Crites' reluctance is well taken, is that we don't want to artificially raise expectations of annexation simply by taking the step to put you in our sphere, with the commitment that we'll work with you to try and make it work out, with the understanding that if it doesn't financially work out, we have an obligation to the rest of the City. WG The clarity is, once we make the application and we have the support, I am potentially concerned with the City of La Quinta saying, "Uh-uh, we want that being our sphere of influence" at that point in time. I'm hopeful staff will then come to our aid, along with Council, to support that application as they need to. And would that be a fair statement? BAC And certainly LAFCo primarily then goes to residents to look for their choices on that, and so... yes, sir. JF Right. RAD Excuse me, Mr. Mayor and Mr. Guralnick, you've known me for a couple of years. When we get there, just call my office, and we'll arrange it. And to indicate to the rest of the Council, the things that the Annexation Committee goes through with this particular issue, we have another group, the Bermuda Dunes Community Council, for example, is having a meeting on February the loth to discuss Palm Desert, La Quinta, to stay where they're at, and this is why the Committee and Councilmember Ferguson said, you know, very, very succinctly why the recommendation that we have. JF Right. BAC Okay. JF We're doing everything we can do, given what we're being told by folks in Bermuda Dunes. BAC Alright, there is a recommendation, there's a second to it, please cast a ballot. RDK Motion carries by unanimous vote. 2. Palm Desert Senior Games (Councilman Robert A. Spiegel). Ms. Scully stated that a meeting had been held earlier in the week between herself, representatives of the Coachella Valley Recreation & Park District, and officers of the California Senior Olympics Foundation. She said they were asking the City and District to co-sponsor regional Senior Olympic Games in February 2001. She noted that a staff report would be brought to Council in 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * .* * * * * * * * * * * * * the near future, but she asked for preliminary approval of this co-sponsorship and stated that there should be either no cost or very minimal cost to the City. She added that conditions placed by the District on this event included requiring that the event be called the Palm Desert Senior Games and that the City of Palm Desert be put on the list in rotation to hold the Statewide games. She stated that a steering committee would also be formed soon. Mayor Crites asked if there were any objections to moving forward with the planning of this event. With Council concurrence, staff was given preliminary approval for the Palm Desert Senior Games to be held in February 2001 and to be jointly sponsored by the Coachella Valley Recreation & Park District and the City of Palm Desert. With Council concurrence, Mayor Crites adjourned the meeting at 6:17 p.m. for dinner and Closed Session to discuss items listed under City Attorney Reports and Remarks. He reconvened the meeting at 7:00 p.m. 3. Palm Desert Schools' Most Improved Award (Mayor Pro-Tem Jim Ferguson) Mayor Pro-Tem Ferguson provided his colleagues with a letter from a Palm Desert High School parent asking for the Council's consideration of providing an award to Palm Desert Elementary, Middle, and High School students for most improvement in a particular period of time. He asked that this matter be included on the Agenda for the next City Council meeting. o City Council Committee Reports: 1. SunLink (Councilman Richard S. Kelly) Councilman Kelly announced SunLink's first trip at 4:45 a.m. on Monday, January 31, 2000, from the Dinah Shore/Monterey/I-10 Interchange area, with an intermediate stop in the Banning/Beaumont area and a destination of Riverside and the MetroLink station. He invited his colleagues to join him on this first trip. Upon question by Councilman Spiegel regarding the schedule, Councilman Kelly distributed copies of the schedule for SunLink. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * *•* * * * * * * * * * * * * * * * * * * * * * XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION A. CONSIDERATION OF URGENCY ORDINANCE REGARDING ARCHITECTURAL REVIEW COMMISSION. Mayor Crites stated that this was an item noted by City Attorney Erwin under City Attorney Reports and Remarks. He said it was to change the membership to seven, remove the two Alternate positions, and establish a quorum of four. Councilman Spiegel moved to add this item to the Agenda for consideration. Motion was seconded by Ferguson and carried by unanimous vote. Councilman Spiegel moved to waive further reading and adopt Urgency Ordinance No. 934. Motion was seconded by Ferguson and carried by unanimous vote. B. CONSIDERATION OF AMENDMENT TO THE PLANNING COMMISSION AND ARCHITECTURAL REVIEW COMMISSION APPEALS PROCESS. Mayor Crites stated that this matter was also brought up under City Attorney Reports and Remarks, and the request was that Council direct staff to move forward with the process. With Council concurrence, staff was directed to move forward with the process to amend the Planning Commission and Architectural Review Commission appeals processes. C. CONSIDERATION OF AREAS OF INTEREST FOR CHARTER CITIES. Mayor Crites stated that this was the third matter brought up under City Attorney Reports and Remarks. He said it was an informational item. Mr. Erwin added that he would be happy to answer any questions either now or at a later time. XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION BY DR. SUE TONKINS RELATIVE TO THE POLICE ACTION COUNSELING TEAM (PACT) PROGRAM. Dr. Tonkins updated the Council on the activities of the PACT program, noting that in less than two months, the Team had seen over 37 children and had been on 19 calls. She said the cases had included everything from a child with a severe dog bite, to severe domestic violence cases where children had been witnesses to the violence, to a felony arrest where the driver was on heroin, the passenger was on alcohol, and three children ages one through eight were 33 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 a.— * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * presentations had been made to various community groups and schools to explain the program, and community response was very positive. She said the program had had a tremendous impact on children, families, and the Palm Desert Police Department. She added that PACT was also on the Crime Watch show on Channel 10 and would be on for another few days. She said it had also been on KMIR, and a story had been run in The Desert Sun newspaper. In addition, appointments had been set up to be on Spanish speaking radio and television shows. She showed a brief video clip from KMIR which ran on New Year's Eve. Several Team members addressed the Council relative to the value of PACT, noting that this program had really been able to help children in many different situations. Dr. Tonkins stated that this program could not have happened without the support of the City of Palm Desert. On behalf of the PACT Team, she presented a memento to the City of Palm Desert. Councilmember Benson asked what the ages of the children are in most of the cases. Dr. Tonkins responded that the Team had seen children from one to eighteen years of age so far. On behalf of the entire City Council, staff, and citizens, Mayor Crites extended very sincere thanks to the PACT Team. He said this stood out as one of the wiser investments the Council had made, and he thanked everyone involved for taking their time and expertise to become part of this process. B. APPOINTMENT TO THE RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMri itt (CFLAC). Councilman Spiegel moved to, by Minute Motion, reappoint Ella Manor as the City's representative to the CFLAC for a period of two years. Motion was seconded by Ferguson and carried by unanimous vote. XIII. PUBLIC HEARINGS A. PRESENTATION OF ANNUAL AB 1600 DEVELOPER IMPACT FEE REPORT (Continued from the meetings of November 18, and December 9, 1999). 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. Councilman Spiegel moved to receive and file the subject report. Motion was seconded by Ferguson and carried by unanimous vote. 34 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 27, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIV. ORAL COMMUNICATIONS None XV. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting at 7:29 p.m. to Closed Session. He reconvened the meeting at 8:18 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: RAC I LLE D. KL SEN�NG CITY CLERK CITY OF PALM DESERT, CALIFORNIA 35