Loading...
HomeMy WebLinkAbout2000-05-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * L CALL TO ORDER Mayor Crites convened the meeting at 4:01 p.m. H. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Jim Ferguson Councilman Richard S. Kelly Mayor Buford A. Crites Excused Absence: Councilman Robert A. Spiege&. Also Present: Carlos L. Ortega, Acting City Manager a,:,. �:...`a L:__ --•e "=�ector David J. Erwin, City Attorney Sheila R. Gilligan, Acting Assistant City Manager Rachelle D. Klassen, Acting City Clerk Richard J. Folkers, ACM/Director of Public Works Gary Bitterman, Director of Building and Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer III. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 11, 2000, and the Adjourned Joint Meeting of the City Council/Redevelopment Agency of May 8, 2000. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 51, 52, and 52PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#413) by Tina Westerdahl in an Unspecified Amount. Rec: By Minute Motion, deny the claim and direct the City Clerk to so notify the Claimant. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. MINUTES of City Committee/Commission Meetings. 1. Citizens' Advisory Committee for Project Area No. 4 Meeting of April 17, 2000. 2. Golf Course Committee Meeting of April 10, 2000. 3. Housing Commission Meeting of April 12, 2000. 4. Promotion Committee Meetings of February 15, March 14, March 28, and April 18, 2000. 5. Public Safety Commission Meetings of February 16, March 15, and April 19, 2000. Rec: Receive and file. E. REQUEST FOR APPROVAL, of Specifications for Advertising Coordinator Consulting Services (Contract No. C17840), Rec: By Minute Motion, approve the request and direct staff to advertise and call for bids for said services for Fiscal Year 2000/01. F. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of a Storm Drain on Monterey Avenue from Highway 111 to the North Driveway of Westfield Shoppingtown Palm Desert (Contract No. C17850, Project No. 503-00). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. G. REQUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for City Fleet Vehicle Washing Services (Contract No. C17860). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject services. H. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Parking Lot Sweeping Services (Contract No. C17870). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject services. I. REQUEST FOR EXTENSION of Contract for Civic Center Park Lagoon Water Quality Management (Contract No. C05138). Rec: By Minute Motion, authorize an extension of the subject contract with Southwest Aquatics, Palm Desert, California, in the amount of $12,840 ($1,070 per month) and authorize the Mayor to execute same. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REQUEST FOR EXTENSION of Fleet Maintenance Services Agreement (Contract No. C12883). Rec: By Minute Motion, authorize an extension of the subject contract with M & N Mobil Service Center (Palm Desert Mobil) for a one-year period. K. REQUEST FOR AUTHORIZATION to Release One -Year Maintenance Security for Parcel Map 28596 (Schmid Investment, L.P., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject one-year maintenance securities. L. REOUEST FOR APPROVAL of Interim All -Way Stop Control at the Intersection of Hovley Lane East and Corporate Way. Rec: By Minute Motion, direct staff to install interim all -way stop control at the subject intersection. M. REQUEST FOR APPROVAL of Contract No. C17880 for Fireworks Display at the Summer of Fun Concert Series Finale. Rec: By Minute Motion, approve the subject contract with PyroSpectaculars, Rialto, California, in the amount of $5,000 for the concert finale on Thursday, September 21, 2000. N. REQUEST FOR APPROVAL of an Increase in Resident Card Processing Fee. Rec: By Minute Motion, approve a Resident Card fee of $8.00 each to cover actual cost per card. O. REOUEST FOR APPROVAL of Funding for Children's Discovery Museum Presence at Westfield Shoppingtown Palm Desert. Removed for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. Mayor Crites asked that Item 0 be held for separate discussion under Section IV, Consent Items Held Over, of the Agenda. Upon motion by Ferguson, second by Kelly, the remainder of the Consent Calendar was approved by 4-0 vote of the Council with Councilman Spiegel ABSENT. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IV. CONSENT ITEMS HELD OVER O. REOUEST FOR APPROVAL of Funding for Children's Discovery Museum Presence at Westfield Shoppingtown Palm Desert. Mayor Crites stated that he had no objection to staff's recommendation; however, as long as the City is trying to promote the mission of the Children's Discovery Museum, he asked if there was a way to make sure other nonprofit organizations such as the Historical Society, Palm Springs Desert Museum, Visitors' Center, etc. are promoted as well. Councilman Kelly stated that in addition to promoting the organization, the City would also be providing an area for children to do something like they do at the Museum. He said it was more of an extension of the Children's Discovery Museum. Councilmember Benson added that Westfield Shoppingtown Palm Desert had offered the space exclusively to the Children's Museum to do this. Mayor Pro-Tem Ferguson stated that the request had come to the Cove, and all three cities recommended that the matter be taken to the individual cities and, similar to the way the building of the Museum was funded in the first place and the way the C.V. Parks & Recreation District and YMCA were funded, that this program for children be continued through the Cove format. eK Mayor Crites asked that staff also look to see if there is a way to provide information on activities of similar interest to children and families. Mayor Crites moved to, by Minute Motion, appropriate $40,161 from Unobligated General Fund Reserves to Account No. 110-4800-454-3885 for the Children' s Discovery Museum to exhibit and promote its mission at the Westfield Shoppingtown Palm Desert, with direction to staff to, if possible at this location, make information available to activities of similar interest to children and families (e.g. Palm Desert Historical Society, etc.). Motion was seconded by Benson and carried by a 4-0 vote with Councilman Spiegel ABSENT. V. RESOLUTIONS None %Atli 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI. ORDINANCES For Introduction: A. ORDINANCE NO. 946 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS AND AMENDING TITLE 14 OF THE PALM DESERT MUNICIPAL CODE. Mrs. Gilligan reported that the proposed ordinance had been reviewed by the Technology Committee at three different meetings, and she introduced Mr. Bill Rudell of Richards, Watson & Gershon, Special Counsel to the City of Palm Desert regarding cable television and telecommunications matters, who had been working with the Committee to move the recommendation forward to the City Council. She pointed out that the staff report for this item requested additional action— adoption of a resolution that would extend the agreement with Time Warner to September 30, 2000 (from June 30), to allow sufficient time for negotiation and better attention to the community's needs assessment. Upon question by Councilman Kelly whether there was a provision in the proposed agreement that would allow for televised City Council Meetings should that be decided at some time in the future, Mr. Rudell said there was such a provision in the franchise renewal agreement that would trigger a second look at the agreement if and when the City Council decided to cablecast its meetings. Councilman Kelly felt the franchise agreement should require it, clarifying that it hadn't yet been decided, but the option should automatically be available. MR. RUDELL stated it would be there, explaining that the issue of support of local cable usage had yet to be finalized. Council concurred that the provision for future cablecast of City Council Meetings should be made available in the agreement for future activation. Secondly, Councilman Kelly felt a good deal of work had been done by representatives from the Senior Center for providing some amateur programs at a certain time of day on a certain channel(s), and he wondered whether or not a provision for such access was included in the proposed agreement— Senior TV. MR. RUDELL affirmed that such a provision could be incorporated. He said it would be added to the list of items that constituted PEG access support, the cable operator's obligations to accommodate the aforementioned or any other group that would be a regular user of the studio facilities. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly pointed out that it would have to be a group that was approved by the City Council. In response to question, Mr. Rudell said time for the public access channel was specified in the agreement for those groups that were approved for usage. Mayor Pro-Tem Ferguson asked for clarification that the City's ordinance regulating cable was simply being updated, and staff was seeking an extension of the time within which to negotiate with Time Warner and then come back before September 30 with a franchise agreement. He said the current franchise agreement had not been updated since 1984, and this would bring the ordinance current with the law and allow the summer to negotiate with Time Warner for the very things Councilman Kelly was talking about. MR. RUDELL noted there were three items before the Council at this time, and he reviewed them from the staff report. Mayor Pro-Tem Ferguson noted that the agreement would allow for contacting all non-profit groups for their interest in public access television, commenting that the previous agreement had such rights. Mayor Crites asked whether there were models of agreements that were extraordinarily "community -friendly" and, if so, he wished to see such examples from those communities. MR. RUDELL said there was a great deal of existing precedence for such guidelines, and it was important to recognize that different cities had different attitudes. Mrs. Gilligan stated that Mr. Rudell had presented a proposed draft agreement, and she would be happy to provide it to the Council. She added that it would be before the Technology Committee at its next meeting. Mayor Pro-Tem Ferguson moved to: 1) Waive further reading and pass Ordinance No. 946 to second reading; 2) waive further reading and adopt Resolution No. 00-66, extending the expiration of the City's Cable Television Franchise Agreement with Time Warner from July 1, 2000, to September 30, 2000; 3) by Minute Motion, authorize Richards, Watson & Gershon to request an extension to the filing deadline of the Form 394 dealing with the Time Warner/AOL merger. Motion was seconded by Benson and carried by a 4-0 vote with Councilman Spiegel ABSENT. For Adoption: None 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VII. NEW BUSINESS A. CONSIDERATION OF THE FORMATION OF HOVLEY COURT WEST LANDSCAPING AND LIGHTING DISTRICT. Public Works Senior Management Analyst Tom Bassler reviewed the staff reports for this item and New Business Item B as well, noting that the Council, at its last meeting, finalized all of the consolidated landscaping and lighting districts for the City of Palm Desert for Fiscal Year 2000/2001; however, because of the boom in development in the City, and with the two subdivisions along Hovley Lane that had final tract maps approved, they were selling out the property and were required to form landscaping and lighting assessment districts. He said there was time to include these districts in this year's levy. He added that this was just the preliminary information to go to the Council, and the property owners would be notified by ballot to vote on the formation of the districts. The actual formation would be held at a public hearing the first meeting of July. He offered to answer any questions. Councilmember Benson asked whether the residents in these two areas were permanent or ifthere was the possibility of people who had left for the summer coming back and complaining that this was done in July when a lot of people are gone. Mr. Bassler responded that at this time, the developer was the only property owner and, therefore, the only vote for the formation of the districts. He added that with the way the homes were selling, he felt the homeowners were most likely full-time residents. Councilmember Benson asked whether the home buyers would be notified of the landscaping and lighting districts when they purchase the homes, and Mr. Bassler responded that it would be done. He added that it was anticipated that at the time the districts are formed, the escrows on the homes will not actually be closed, and the developer will still be the legal owner of all of the properties. Councilmember Benson moved to waive further reading and adopt: 1) Resolution No. 00-57, initiating proceedings for the formation of the Hovley Court West Landscaping and Lighting District; 2) Resolution No. 00-58, for preliminary approval of the Engineer's Report regarding the formation of the Hovley Court West Landscaping and Lighting District; 3) Resolution No. 00-59, declaring the intention to form the Hovley Court West Landscaping and Lighting District. Motion was seconded by Kelly and carried by a 4-0 vote with Councilman Spiegel ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF THE FORMATION OF SANDPIPER COURT WEST LANDSCAPING AND LIGHTING DISTRICT. See New Business Item A above for Council discussion. Councilmember Benson moved to waive further reading and adopt: 1) Resolution No. 00-60, initiating proceedings for the formation of the Sandpiper Court West Landscaping and Lighting District; 2) Resolution No. 00-61, for preliminary approval ofthe Engineer's Report regarding the formation ofthe Sandpiper Court West Landscaping and Lighting District; 3) Resolution No. 00-62, declaring the intention to form the Sandpiper Court West Landscaping and Lighting District. Motion was seconded by Kelly and carried by a 4-0 vote with Councilman Spiegel ABSENT. C. CONSIDERATION OF THE BEGINNERS' SKATE PARK SITE. Mr. Jeff Winklepleck, Parks & Recreation Planning Manager, reviewed the staff report, noting that the Beginners' Skate Park would include a restroom facility and additional seating area. It was anticipated construction documents would be completed as quickly as possible in order to have the facility constructed as quickly as possible. Upon question by Councilmember Benson, Mr. Winklepleck responded that this new facility would be just south of the shade cover for the current skate park. Councilman Kelly moved to, by Minute Motion: 1) Approve the Beginners' Skate Park site plan and estimate; 2) authorize the Mayor to execute an agreement with Purkiss Rose-rsi, Fullerton, California, (Contract No. C 178901 and appropriate $49,425 from Fund 430 for the completion ofPhase II of the project (construction documents and construction administration); 3) authorize the City Clerk to advertise and solicit bids for construction of the Beginners' Skate Park (Contract No. C17900). Motion was seconded by Ferguson and carried by a 4-0 vote with Councilman Spiegel ABSENT. D. REOUEST FOR APPROVAL OF RELOCATION PLAN RELATIVE TO THE FRED WARING DRIVE IMPROVEMENTS PROJECT. Mr. Ortega noted the staff report in the packets and stated that Project Administrator Lauri Aylaian was available to answer any questions. Councilman Kelly moved to, by Minute Motion, approve the subject relocation plan prepared for the Fred Waring Drive Improvements project. Motion was seconded by Ferguson and carried by a 4-0 vote with Councilman Spiegel ABSENT. E. REOUEST FOR AUTHORIZATION TO DEMOLISH VACATED DWELLINGS RELATIVE TO THE FRED WARING DRIVE IMPROVEMENTS PROJECT. Mr. Ortega noted the staff report in the packets and stated that Ms. Aylaian was available to answer any questions. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Pro-Tem Ferguson moved to, by Minute Motion: 1) Approve the demolition of vacated dwellings after acquisition by the City and appropriate a budget of $297,000 for same from Unobligated Capital Projects Reserves (Fund 400); 2) appropriate a budget of $45,000 from Unobligated Capital Projects Reserves (Fund 400) to maintain and make Code -required improvements to dwellings after acquisition by the City and while still inhabited by renters. Motion was seconded by Kelly. Mayor Crites expressed his appreciation to staff for providing a nice set of pro and con arguments in the staff report. He said there was some debate internally on this issue, and it was nice to see it reflected in the staff report. Mayor Crites called for the vote, and the motion carried by a 4-0 vote with Councilman Spiegel ABSENT. F. REQUEST FOR APPROVAL OF CONTRACT NO. C17910 WITH RMA RESOURCE MANAGEMENT ALLIANCE FOR CONSULTING SERVICES. Mrs. Gilligan reviewed the staff report, noting that as a result of Council -approved training for management and staff, several areas of need in the City's Human Resources Program had become more evident as the training was completed. The subject contract would provide services from RMA to come in on a 40-hour per month basis to assist the City in upgrading its employee policy handbook and establishing a performance management system, including development of a new employee evaluation form and performance program. An assessment of the Human Resources needs in the City would be done as well. She said management and the general employee group had a great deal of respect for Ms. Cecile Bereal of RMA; one of her first assignments would be to work with the Employees' Organization Board and provide guidance in looking at regulations that would govern it, including assisting in rewriting the bylaws. Staff felt this would be a good investment in the Employees' Organization and recommended approval of the contract. Councilman Kelly moved to, by Minute Motion, approve the subject contract with RMA Resource Management Alliance, San Diego, California, in the amount of $36,000 and authorize the Mayor to execute same. Motion was seconded by Crites and carried by a 4-0 vote with Councilman Spiegel ABSENT. VIII. CONTINUED BUSINESS A. REQUEST FOR APPROVAL OF SANTA ROSA MOUNTAINS VISITOR CENTER/BUREAU OF LAND MANAGEMENT KIOSK (Continued from the meetings of March 23, and April 13, 2000). Councilmember Benson moved to, by Minute Motion, continue this matter to the meeting of June 8, 2000. Motion was seconded by Kelly and carried by a 4-0 vote with Councilman Spiegel ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. OLD BUSINESS A. REOUEST FOR AWARD OF CONTRACT FOR THE EXTENSION OF JONI DRIVE (CONTRACT NO. C16050, PROJECT NO. 627-99). Mr. Ortega noted the report in the packets. Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $244,127.50 and authorize a ten percent (10%) contingency for the project in the amount of $24,412.75 -- project totaling $268,540.25; 2) authorize the Mayor to execute said contract. Motion was seconded by Ferguson and carried by a 4-0 vote with Councilman Spiegel ABSENT. B. REOUEST FOR AWARD OF CONTRACT FOR THE 2000 CURB, GUTTER, AND CROSS GUTTER REPAIR PROGRAM (CONTRACT NO. C17550, PROJECT NO. 753-00). Mayor Crites noted the staff report in the packets. Mr. Ortega noted that Council had received a tally of the final bids. Mayor Pro-Tem Ferguson moved to, by Minute Motion: 1) Award the subject contract to Arrow Concrete Company, Hesperia, California, in the amount of $222,211 and authorize a ten percent (10%) contingency in the amount of $22,221.10 — project total of $244,432.10; 2) authorize the Mayor to execute said contract. Motion was seconded by Kelly and carried by a 4-0 vote with Councilman Spiegel ABSENT. C. REOUEST FOR AWARD OF CONTRACT FOR MAGNESIA FALLS DRIVE CLASS I PEDESTRIANBICYCLE PATH IMPROVEMENTS (CONTRACT NO. C 17620, PROJECT NO. 681-00). Mr. Ortega noted the report in the packets and stated that Mr. Folkers was available to answer any questions. Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $61,370 and authorize a ten percent (10%) contingency in the amount of $6,137 -- project totaling $67,507; 2) authorize the Mayor to execute said contract; 3) authorize an amount not to exceed $1,900 for construction staking -- funds are available in Public Works Sidewalk Account No. 400-4616-433-4001. Motion was seconded by Ferguson and carried by a 4-0 vote with Councilman Spiegel ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * X. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies None B. CITY MANAGER Mr. Ortega noted that Council had received a report relative to meetings with the AQMD and residents impacted by the grading for the Marriott project. He said that meeting had been scheduled for 6:00 p.m. on May 31, 2000, at City Hall. He offered to answer any questions. C. CITY ATTORNEY Mr. Erwin noted the items listed on the Agenda for Closed Session. He asked that Council add one item to the Closed Session Agenda as follows: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 1 Mayor Pro-Tem Ferguson moved to add this item to the Closed Session Agenda. Motion was seconded by Benson and carried by a 4-0 vote with Councilman Spiegel ABSENT. 1) Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 100± acres - West of Palm Valley Channel - South of Painters Path - Palm Desert, CA Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: G. George Fox Under Negotiation: x Price x Terms of Payment 2) Property: 500 acres along Dunn Road - near Asbestos Mountain Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Regarding: Tax Sale Other Parties: Friends of the Desert Mountains Under Negotiation: x Price x Terms of Payment 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 ,,.,■, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3) Property: 74-280 Fred Waring Drive - Palm Desert, CA (APN 624-221-003) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Kiyo, Mildred, Thelma Reynolds Under Negotiation: x Price x Terms of Payment 4) Property: Lease Property - Parkview Professional Office Buildings, 73-710-720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: City of Palm Desert/Paul S. Gibson, Finance Director Property Owner: City of Palm Desert Other Parties: University of California, Riverside Under Negotiation: x Price x Terms of Payment 5) Property: Lease Property - Parkview Professional Office Buildings, 73-710-720 Fred Waring Drive, Palm Desert, CA 92260 Negotiating Parties: Agency: City of Palm Desert/Paul S. Gibson, Finance Director Property Owner: City of Palm Desert Other Parties: TELACU Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Denise Oakley and Denise Weller v. City of Palm Desert, United States District Court - Central District of California, Case No. 99-07432MMM Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney City Clerk City Manager Redevelopment Agency Executive Director 2) Report and Action on Items from Closed Session Made at This Meeting. None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CITY CLERK 1. Consideration of Scheduling an Adjourned Joint City Council/Redevelopment Agency Meeting for FY 00/01 Budget. Ms. Klassen stated that each of the Councilmembers had received a copy of the Preliminary Budget for 2000/2001 and that the Finance Director had asked that an Adjourned Joint City Council/Redevelopment Agency meeting be set to consider it. With Council concurrence, an Adjourned Joint City Council/Redevelopment Agency meeting was scheduled for 1:00 p.m. on Monday, June 5, 2000, to consider the Preliminary Budget for Fiscal Year 2000/2001. Following the public hearings, Mayor Crites noted that he had been advised by the City Clerk that Councilman Spiegel would be out of town until June 6, 2000. With Council Concurrence, an Adjourned Joint City Council/Redevelopment Agency meeting was scheduled for 8:00 a.m. on Monday, June 12, 2000, to consider the Preliminary Budget for Fiscal Year 2000/2001. 2. Ms. Klassen asked that the Council also schedule a Study Session with the artist for the Monterey Interchange project. She noted that there was art in public places to be incorporated into the project, and staff and the artist would like to meet with the Council to get a feel for what type of art would be good at that location. Ms. Carolyn Miller stated that the three-dimensional model was on display in the Public Works area and suggested that Council view the model at its leisure. She said she would be available for questions and/or comments. Mayor Crites suggested that perhaps Ms. Miller could be available for approximately 15 minutes just prior to the Council's budget session to answer any questions, and Council concurred. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Support of Fencing for the Coachella Valley Cemetery (Mayor Buford A. Crites). Mayor Crites stated correspondence had been received from a concerned citizen regarding the increased amount of vandalism and theft at the Cemetery and requesting the City's support for increased security at the site, located near 50th Street and Jackson in Coachella. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson stated that the cemetery in Palm Springs had a gate, and she did not see any harm in installing a gate at the Coachella Valley Cemetery. Councilman Kelly concurred. With Council concurrence, staff was authorized to prepare a letter of support to the Cemetery Board of Trustees. o City Council Committee Reports: 1. Mayor Pro-Tem Ferguson stated that he had traveled to Sacramento to represent the City of Palm Desert regarding local government finance reform. He said he had a bit of an argument with Senator Peace, who was convinced that 50% of all future sales tax in Palm Desert and other cities like Palm Desert should be given to the counties in exchange for property tax, since they know better than the cities about the turns in the economy and would look out for the cities' best interests. He said the counties were sticking to taking 50% of the sales tax, with the cities pretty much equally divided, and the conferees in Sacramento told the special districts, the counties, and the cities that unless they had unanimity of agreement by next Wednesday, the opportunity to do something this year would quickly fall apart. He said Redevelopment Agency Finance Manager Dennis Coleman would travel to Sacramento next Wednesday, but from the conversations with the City's lobbyist, the cities were far from putting together an agreement among themselves. He added that depending on what happens next week, there may not be legislative action taken on that issue this year. 2. Mayor Crites stated that he had spoken with Mr. Durante, resident of Waring Court, who was requesting "no parking" signs on the street during school drop-off and pick-up times because residents were not able to get into and out of their driveways at those times. He said this issue had come to Public Works in the past, and he asked that staff look at it again, with a report back to the Council. He added that he had spoken with Mr. Durante relative to various options (such as vacating the street and installing a gate at the end, with residents to maintain it). With Council concurrence, Mayor Crites adjourned the meeting at 4:39 p.m. for dinner and Closed Session. He reconvened the meeting at 7:02 p.m. XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION None XH. AWARDS, PRESENTATIONS, AND APPOINTMENTS None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION, DENYING A PARKING MODIFICATION REQUEST AND DENYING AN AMENDMENT TO THE APPROVED PRECISE PLAN TO ALLOW EXPANSION FROM 2,567 SQUARE FEET TO 3,693 SQUARE FEET OF AN APPROVED OFFICE BUILDING LOCATED AT 42-575 WASHINGTON STREET Case Nos. PP 94-5 Amendment No. 1 and CUP 00-05 (McFadden/McIntosh Architects for Drs. Frank and Janet Kerrigan, Applicants). Planning Manager Steve Smith reviewed the staff report, noting plans and renderings on display in the Council Chamber. He said the applicant's request to the Planning Commission was twofold: 1) A parking modification; and 2) an amendment to a previously approved conditional use permit in order to increase the size of a building which was previously approved but not built. The property in question was located on the west side of Washington Street at Dudley, and there was currently a single -story office complex on the west end of the property. He said the applicant was seeking to increase the size of the building from 2,567 square feet to 3,693 square feet and utilize it for medical office purposes. Although the City's current parking standard for medical offices was six spaces per 1,000 square feet of gross floor area, and the applicant was requesting approval of five spaces per 1,000 square feet. He said the applicant had a parking analysis study done by an engineering firm, and the study confirmed the six spaces per 1,000 square feet was appropriate. At the Planning Commission meeting, both the applicant and Architect McFadden spoke and said they felt the project warranted a parking modification because the project, according to the parking study, would be in compliance 90% of the time. In addition, due to the circumstances surrounding its approval, they felt it warranted a waiver of the new parking standard. Planning Commission voted 3-2 to deny the requested parking modification. At that meeting, Commissioners Beaty and Campbell voted no, indicating they felt the matter should have been continued to allow the applicant to pursue a shared parking arrangement with an adjacent property. Subsequent to the vote, the Commission as a whole expressed a similar view, that the applicant could come back with another proposal if a shared parking arrangement could be worked out with an adjacent property which has excess parking. He said staffs recommendation was that the appeal be denied. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. CHRIS McFADDEN, McFadden/McIntosh Architects, 72-925 Fred Waring Drive, Suite 204, Palm Desert, said it was the applicant's feeling that there were mitigating circumstances that would warrant the waiver of the new parking standard. He said when this project was approved in 1994, it was still under County jurisdiction, and they could have rushed everything together, gotten it into the County, and gone through just a site plan approval process. Instead, they accepted more stringent requirements under the City of Palm Desert, including parking requirements, parking lot lighting requirements, off -site assessments, more restrictive setbacks and heights, and more requirements for landscaping. These requirements were accepted 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * because the area was being annexed into Palm Desert, and Dr. Kerrigan wanted to be a good neighbor. Mayor Pro-Tem Ferguson said it was his understanding that entitlements were given to the developer based on those concessions, including permanent use for the building. Mr. McFadden agreed. Mayor Pro-Tem Ferguson asked if now the developer wanted to go above and beyond those entitlements. MR. McFADDEN responded that they did not want to go above and beyond that. He said the project as proposed was in conformance with the standards that were in effect at the time of the approval in 1994. Mayor Pro-Tem Ferguson asked why the developer could not comply with the City's standards in effect at this time. He added that the Planning Commission wanted the developer to get a reciprocal parking arrangement with an adjacent parking owner. MR. McFADDEN responded that he had such an arrangement. Mayor Crites stated that the developer now had something that the Planning Commission had asked for, and this matter should probably be referred back to that body for additional review. He asked if Mr. McFadden had any objections to doing so. MR. McFADDEN stated that he would be willing to take the matter back to the Planning Commission for additional review. Mayor Crites added that he would not vote for lowering the parking for medical buildings, and he personally felt there were problems that the six per 1,000 square feet requirement had caused. Council concurred. With no further testimony offered, Mayor Crites declared the public hearing closed. Mayor Pro-Tem Ferguson moved to, by Minute Motion, refer this matter back to the Planning Commission based upon new information regarding shared parking presented at this public hearing. Motion was seconded by Benson and carried by a 4-0 vote with Councilman Spiegel ABSENT. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. CONSIDERATION OF APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT FROM HIGH DENSITY RESIDENTIAL TO OFFICE PROFESSIONAL, AND A CHANGE OF ZONE FROM R-3 (MULTIFAMILY RESIDENTIAL) TO O.P. (OFFICE PROFESSIONAL) FOR PROPERTY ON THE EAST SIDE OF SAN PABLO AVENUE, FROM 221 FEET SOUTH OF CATALINA WAY TO SAN GORGONIO WAY; CHANGE OF ZONE INCLUDES PROPERTY AT SOUTHWEST CORNER OF SAN GORGONIO WAY AND SAN CARLOS AVENUE; PROJECT ALSO INCLUDES A REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FORA 5,700 SQUARE FOOT SINGLE -STORY OFFICE BUILDING ON PART OF THE ABOVE PROPERTY, SPECIFICALLY THREE VACANT LOTS ON THE EAST SIDE OF SAN PABLO AVENUE KNOWN AS 44-550 SAN PABLO AVENUE Case Nos. GPA 00-02. C/Z 00-03. and PP 00-05 (Carl L. Karcher, Genevieve Court, LLC, Jeffery and Helen Fitzhenry, Gregory Seaton, Maurice and Madrine Molen, Margaret Paine, and Al Ingallinera, Applicants). Planning Manager Steve Smith reviewed the staff report, noting that staff had originally received a request from Mr. Karcher for a precise plan approval for an office facility on three vacant lots on the east side of San Pablo. This request required a general plan amendment and a zone change. Staff felt if the City were going to proceed with the Karcher request, it should not be dealt with in isolation but should include other properties to the north and south. Staff fe1, . the general plan amendment and zone change were appropriate along San Pablo, given the increase in traffic along that area. He noted that residents of the area spoke at the Planning Commission public hearing and concurred it would be better to have the lots changed to office professional rather than to try and retain the residential zoning. With regard to the site plan, he said there were two access points shown; however, Public Works required the deletion of the northerly access point, and the result was that there would be only one access point. There were a total of 36 parking spaces, which was in excess of the parking requirement for the use; of those 36 spaces, 20 would be covered with carports. He said the plan met all the standards for the O.P. district. He added that findings for approval of a precise plan were outlined on page 6 of the staff report. He noted that the Planning Commission voted 5-0, recommending approval of all three aspects of the request. He said that, following the Planning Commission hearing, the owner of the northerly -most piece of property to be rezoned asked if the City could condition Mr. Karcher to provide an easement to his parking lot to provide a connection into that north piece so that he would not have to bring a 24-foot driveway in and eat up much of the property. A condition to that effect was included in the staff report if Council wished to impose said condition. He said at the time the condition was written, staff had not had contact with Mr. Karcher. Subsequent to the writing, Mr. Karcher had expressed strong objection to such a condition. Staff looked at another way to approach the problem. He said there was one more lot to the north which currently had a duplex dwelling unit, probably subject to redevelopment at some point in the near future. Staff felt development of the vacant piece to be rezoned would be best done in concert, so the two pieces could be developed together with a common driveway, and this would negate the need for the connection through the Karcher parking lot. He said if the owner of the duplex unit desires to be rezoned, staff would initiate that change of zone. Given the level of objection 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * from Mr. Karcher, staff felt that would be the best way to approach the situation. He offered to answer any questions. Mayor Pro-Tem Ferguson stated that this exact same problem had come up on Monterey Avenue with Nancy Noel. The Council approved her conversion of residential to office with no requirement that she interconnect at a later date. He said everyone else interconnected, but she stood fast and refused to do so. When the street had to be widened, there were accusations that the City was getting even with her because she would not agree to that condition. He asked if it would be possible to do both — state the northern -most (shown tonight in green) lot as the preference, but in the absence of successful negotiations, the default would be on Mr. Karcher's part. Mr. Smith agreed this could be done. Mayor Crites asked why Mr. Karcher was so vehemently opposed to this. Mr. Smith responded that his concern was that he has an underdeveloped site providing excess parking, and he did not care to share it with anyone. He said Mr. Karcher wished to have his own project without connection to another. Mayor Crites stated that the same situation had occurred with many other people, and the City imposed that condition and required that they find some common ways to provide ingress and egress. Mr. Smith agreed, and Mayor Crites stated that this requirement would not be unduly burdensome, given City history. Mr. Drell stated that part of Mr. Karcher's objection was that originally he had the two driveways. He suggested that perhaps Mr. Karcher's objection would be less if he were allowed to keep the second driveway which was deleted by the Public Works Department. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. RICK HOLDEN, Holden and Johnson Architects, 34-267 Monterey Avenue, Palm Desert, spoke as the representative of Carl Karcher. He said one of the biggest negatives was that it was nice to demand and create an easement, but it would be nice if the City then had more teeth in its enforcement of things that go on. He noted that with the easement for his own building on Monterey Avenue, his parking lot becomes the throat for everyone going to the Board of Realtors. Everyone travels across it, but no one aids in the maintenance or upkeep. He said he was also disappointed in the City's great landscaping ordinance — people are required to landscape their property, paint their buildings, submit colors, etc. However, he had found out that the day after approval is received, if people want to repaint their buildings, they can do so and with whatever color they wish because there is no maintenance agreement of any kind. There .� is also no enforcement ofthe landscaping ordinance. He said that with this particular project, Mr. Karcher is building his own office building and using it for his headquarters. It is well over- 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * parked because Mr. Karcher has monthly manager meetings, and he did not want cars parking on the street or elsewhere. He said Mr. Karcher had stressed to him the fact that he wanted this to be his office, he wanted something that he could control, and that is why he put three lots together. He said Mr. Karcher felt he was losing control of it by giving up this easement. He added that they would lose a couple of parking spaces by going from one driveway to two, and a couple more spaces would be lost if there was a connection across the back. Mayor Pro-Tem Ferguson asked if Mr. Karcher would still feel as strongly as he does if it was structured in a way- so that it was contingent on all of those problems highlighted by Mr. Holden being accounted for and addressed in a satisfactory manner. MR. HOLDEN said Mr. Karcher's feeling was that he just did not want that condition. With no further testimony offered, Mayor Crites declared the public hearing closed. Councilman Kelly stated that he understood the reason behind joining parking lots to make it more convenient for people to go in and out, and he was sure there were many times this should have been done in other areas but was not. However, this was a parcel that was actually too small to develop, and the owner wanted to have ingress and egress through someone else's parking lot because the parcel is too small. He said this project would provide an increase in the value of that piece of property. The applicant has put together three lots in order to make it able to be developed, and if the lots on the north side want to be developed, there should be more than one lot put together to do that since he felt it was not practical to try and develop a single lot. He said he agreed with Mr. Karcher and would not want to provide a driveway for another piece of property that is too small to be developed. He added that if the City wants to join parking lots, it should be done through redevelopment. He said he did not have a problem with approving the project without the easement and would not vote for requiring the developer to provide such an easement. Councilmember Benson agreed and said she felt Mr. Karcher did all of the due diligence in going out and combining the three lots, and she did not think it was right to have someone else want to take advantage of what he has done to enhance their property. She said she felt this was a viable project, and Mr. Karcher should not have to provide an easement for someone else. Mayor Pro-Tem Ferguson said he did not want to force anyone to bear the costs as described by Mr. Holden. By the same token, with the six homes on Monterey Avenue, the City did not force them to join their parking lots but reserved the right to work with them to do just that, with the exception of Ms. Noel. He said the big difference was that there were six parcels with six driveways on Monterey Avenue; this project was five parcels and, at most, two driveways if the project is developed as proposed by the applicant. From a planning standpoint, he went on to say that should Mr. Karcher sell the property and another owner take it over, all the warm feelings may be gone, and the City would wonder why it didn't reserve a parking easement. He felt arguments could be made both ways. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 00-64, approving GPA 00-02; 2) waive further reading and pass Ordinance No. 947 to second reading, approving C/Z 00-03; 3) waive further reading and adopt Resolution No. 00-65, approving PP 00-05. Motion was seconded by Benson. Mayor Pro-Tem Ferguson asked if this approval was with the stipulation that the northern two lots be hooked together and developed with these three. Mr. Drell agreed and said it was also with no easement being required by Mr. Karcher. Mayor Crites asked whether the one lot by itself was actually too small to be developed. Mr. Drell responded that it would be difficult with the setback on one side and the driveway taking up about 28 feet of the 59 feet. He said half of the width of the lot would be a driveway if it were developed by itself. He added that, including the two lots, it becomes a logically developable parcel with its own driveway. Mayor Crites called for the vote, and the motion carried by 4-0 vote with Councilman Spiegel AB SENT. Mayor Crites asked Mr. Holden if it was his suggestion that the City look at the issue of maintenance of painting, landscaping, etc. MR. HOLDEN agreed. He expressed concern that when his own property on Monterey Avenue was developed as well as several others, there were nice, subdued tones of blue on the buildings. Now, the color is almost a fluorescent blue, and it would have been nice if there had been a paint palette for those buildings. In addition, landscape plans are looked at when projects are approved, but there is no enforcement afterwards. He said he would like to have the parking situation studied for that area as well. With Council consensus, staff was directed to look into these areas of concern, including enforcement and not just guidelines. XIV. ORAL COMMUNICATIONS None 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting at 7:50 p.m. to 10:00 a.m. on Saturday, June 3, 2000, for a Joint Meeting of the City Council/Redevelopment Agency for the purpose of conducting a Closed Session. ATTEST: RACHELLE D. KLASSEN, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 21