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HomeMy WebLinkAbout2000-10-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Pro-Tempore Ferguson convened the meeting at 4:00 p.m. H. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Jim Ferguson III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites (arrived at 4:14 p.m.) Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, Assistant City Manager for Community Services/City Clerk Richard J. Folkers, Assistant City Manager for Development Services Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. JERRY BEAUVAIS, 74-060 San Marino Circle, Palm Desert, submitted several photos of his own residence and also the old "McGee house", which he had purchased and spent a year and $80,000 to restore. He said he currently had a project on the corner of Portola and El Cortez, directly across the street from where the old Palm Desert Water cistern used to be located. He said while he was a major proponent of making Palm Desert beautiful, including working with his neighbors to plant 68 trees in the neighborhood, the area of his current rental project was becoming a blighted area. He noted that he had just returned from out of town and found out that the house the City recently purchased, located next door to him on Portola Avenue between El Cortez and De Anza, was scheduled for demolition next week. He expressed concern that he will now have a boarded up home directly across the street from his property, an empty and abandoned lot on one side, and a newly empty and abandoned lot on the other side. He asked that the City Council allow him to purchase the property scheduled to be demolished and restore it as he has done the others he owns. He added that he was a cabinet maker by trade and does all of his own work, keeping the best interests of Palm Desert at heart. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Upon question by Mayor Pro-Tem Ferguson, Mr. Folkers responded that the City owns the property where the old Palm Desert Water District tower was located. Mayor Pro-Tem Ferguson stated that he would ask the City Manager to contact Mr. Beauvais following this City Council meeting to discuss this matter. Councilmember Benson noted that the City requires its residents to keep their lots cleaned up, and she expressed concern that lots owned by the City are not kept clean. She said she felt the City needs to make sure its own lots are cleaned up. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 28, 2000. Rec: Approve as presented. Councilman Spiegel ABSTAINED from this item due to his absence from the meeting of September 28, 2000. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 30, 31, 32, 33, 34, 35, 31PD Office Complex, and 35PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#4311 by Elena McCabe in an Unspecified Amount. Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify the Claimant. D. CITY PORTFOLIO MANAGEMENT SUMMARIES for the Months Ending July 31, and August 31, 2000. Rec: Receive and file. E. REOUEST FOR APPROVAL of Broker -Dealer for the City of Palm Desert. Rec: By Minute Motion, approve Merill Lynch & Company, Inc., as a broker -dealer for the City of Palm Desert. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. MINUTES of City Committee and Commission Meetings. 1. Promotion Committee Meetings of February 15, March 21, April 18, May 16, and August 11, 2000. 2. Public Safety Commission Meetings of June 21, and July 19, 2000. Rec: Receive and file. G. RESOLUTION NO. 00-121 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building and Safety that Have Been Microfilmed (September 2000). Rec: Waive further reading and adopt. H. REOUEST FOR AWARD OF CONTRACT for Conceptual Design and Construction Documents for Peace Memorial Site Renovation (Contract No. C 182501. Rec: By Minute Motion: 1) Concur with the Art In Public Places Commission recommendation to commission Landscape Architect Kim S. Rhodes of David Evans and Associates for design development and preparation of construction documents for landscape enhancement of the Peace Memorial site; 2) authorize the disbursement of appropriated funds in an amount not to exceed $15,000 from Account No. 436-4650-454-3010 for same. I. REOUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17430 — Citywide Palm Tree Trimming. Rec: By Minute Motion: 1) Approve Change Order No. 1 to the subject contract with TruGreen LandCare Company, Monrovia, California, in the amount of $3,199.75 for the trimming of additional palm trees not included in the estimate by City of Palm Desert; 2) authorize the transfer of contingency funds in the amount of $2,411.95 to base contract amount (Purchase Order No. 7557) -- funds are available in Account No. 110-4610-453-3370 for the remainder of the Change Order Amount, $590.11. J. REOUEST FOR APPROVAL of Beer Concession for Palm Desert Golf Cart Parade. Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages in connection with a special event, the Palm Desert Golf Cart Parade, scheduled to be held Sunday, November 12, 2000. Councilman Spiegel stated that he would be ABSTAINING from Item A because he was not at the City Council meeting of September 28, 2000. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly moved to approve the Consent Calendar as presented. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Spiegel ABSTAINING from Item A and Mayor Crites AB SENT. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THIS MEETING. K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C16360 — Street, Signal, Landscape, and Drainage Improvements at Cook Street and Green Way/42nd Avenue. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $35,000 to the subject contract with Granite Construction Company, Indio, California, and authorize the transfer of said funds from contingency to base on the subject project (Purchase Order No. 7540). Mayor Crites moved to approve Item K as presented. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Mayor Pro-Tem Ferguson ABSTAINING as the matter involves Granite Construction Company, one of his clients. VH. CONSENT ITEMS HELD OVER None VHI. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: None X. NEW BUSINESS A. REOUTEST FOR APPROVAL OF FRED WARING DRIVE WIDENING -- SAN PASCUAL AVENUE TO DEEP CANYON ROAD. Mr. Ortega noted the staff report in the packets and stated that Project Administrator Lauri Aylaian was available to answer any questions. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilmember Benson asked what was being done with the houses on Fred Waring Drive as the City acquires them, and she expressed concern that they not just be left sitting there boarded up. Ms. Aylaian responded that the homes were being torn down and that it takes approximately four to six weeks between the time the City purchases the homes and when they can be demolished. She added that they were being boarded up as soon as possible after the City acquires them because it had been found that they were being vandalized. Councilman Spiegel asked whether there was money in the budget to take care of the land after the homes are torn down and before Fred Waring Drive is widened. Ms. Aylaian responded that the budget includes funds to maintain some of the existing landscaping. She said new landscaping was not being installed, but some of the palm trees and other plant specimens that will be used elsewhere are being maintained. Councilman Spiegel stated that after Fred Waring is widened, there will still be an area that will not be large enough for a home or office, and he asked if someone was working what should be done with that area. Councilman Kelly responded that the Landscape Committee was already looking at this area to determine what should be done. Councilman Spiegel said he felt the entire City Council might want to see what Fred Waring is going to look like after the widening has been completed. Councilman Kelly noted that the Landscape Committee would bring a recommendation to the Council at an appropriate time. Councilman Kelly moved to: 1) Waive further reading and adopt Resolution No. 00-122, adopting the Mitigated Negative Declaration (MND) for the project; 2) by Minute Motion, award a contract in the amount of $385,280 to ASL Consulting Engineers, Irvine, California, for preparation of the plans, specifications, and engineering for the project, based upon the conceptual drawings dated August 23, 2000 (Contract No. C18260); 3) by Minute Motion, approve the conceptual project schedule and budget attached to this report. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XI. CONTINUED BUSINESS A. REQUEST FOR AWARD OF CONTRACTS FOR CONSTRUCTION OF TENANT IMPROVEMENTS FOR THE NORTH WING OF THE PALM DESERT CIVIC CENTER (CONTRACT NO. C16760) (Continued from the meetings of August 24, September 14, and September 28, 2000). Mr. Ortega noted that this matter was continued from the last several meetings because Council had questions and wanted to see the designs and materials. He said staffs recommendations remained the same as listed on the Agenda, and he offered to answer any questions. Mayor Pro-Tem Ferguson stated that at the Council meeting of September 14, 2000, he had asked for a description of what the contractors do. He said he could intuitively arrive at that, except for numbers 7, 8, and 10. He asked if staff could indicate the scope of work for those three contractors. MS. CHARLENE SUMPTER submitted to the Council a supplemental report indicating what each trade will be doing on this project. She noted the following in response to Mayor Pro-Tem Ferguson's request: #7 Precision Works — cabinetry #8 Infoswitching, Inc. — telephones and cabling #10 Concrete Coring Co. — this would entail boring a hole through a block wall in order to run some cabling through for the computer system. Councilman Kelly moved to, by Minute Motion: 1) Authorize the Mayor to enter into contracts with the following companies for contracting and subcontracting work for the subject improvements: a) BKM (Workstations); b) McClellan Fixtures, Inc., (Lighting); c) Carl Anderson Painting; d) Stonecrest Marble & Granite; e) Nickell/Kenaston Flooring; f) Doug Wall Construction; g) Precision Works; h) Infoswitching, Inc.; I) A American Electric; j) Concrete Coring Company; k) Air Link International; 1) Desert Fire Extinguisher; 2) approve the project budget in the amount of $288,720.98 and authorize a ten percent (10%) contingency in the amount of $28,872.10 from Account No. 400-4161-415-4001 -- project totaling $317,593.07; 3) appropriate additional funds in the amount of $42, 593.08; 4) authorize staff to continue negotiations with Doug Wall Construction, BKM, and Precision Works for the subject project. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Crites ABSENT. NOTE: MAYOR CRITES ARRIVED AT 4:14 P.M. B. PRESENTATION OF COACHELLA VALLEY SUBSIDENCE MONITORING PROGRAM (Continued from the meeting of September 28, 2000). MR. STEVE ROBBINS, Assistant to the General Manager for the Coachella Valley Water District, stated that he was contacted by Mr. Joe Gaugush of the Public Works Department after this matter was on the Water District Agenda. He said Mr. Gaugush asked him to make a 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * presentation to the City Council and explain what this program was about and how it affected the City of Palm Desert. He noted that a network of monuments was established in 1996 in the east part of the Valley, which they felt had the highest potential for subsidence. Upon question by Councilmember Benson relative to what subsidence actually is, Mr. Robbins explained that they were looking at land subsidence or the ground sinking. Upon question by Councilman Spiegel, he noted that when he mentioned "monuments", he was talking about survey monuments, where the Water District goes out and sets a point in the ground to determine exact elevation. They can then come back and check that point at some later time to see whether there is any change to the elevation. Mr. Robbins stated that the study was expanded in 1998 to cover the Palm Desert/Rancho Mirage/Indian Wells areas., using a system where satellite pictures are taken using a certain type of radar, and these pictures can be compared to detect changes in ground surface elevation. He noted that in 2000, money was approved to set more monuments in the Palm Desert area to determine if there is more subsidence in the City. He stated that the basic cause of subsidence was declines in the water table. He said as the water level goes down in areas where there is clay in the soil, including in the Palm Desert area, the clay layers are dewatered and the ground compresses. He said eventually that compression, which may be several hundred feet down in the ground, translates up to the surface, and eventually the surface drops as well. He added that subsidence could have a negative impact on roads, water lines, sewer lines, utilities, and infrastructure, and it was potentially a very serious situation. He said the studies that have been done indicated some minor subsidence in different parts of the Valley. He said there had been subsidence in the eastern part of the Valley up to 14/100ths of a foot, or about an inch and a half, during a two-year period. He said in one particular location in the Palm Desert area, the study indicated there might be subsidence of almost a quarter of a foot was found during a two-year period, although this had not yet been physically verified. He said they would be monitoring this particular area to see what is actually occurring. With regard to what can be done about subsidence, Mr. Robbins stated that the first thing that must be done is to stop over draft of the groundwater basin. He said over draft meant pumping more water out than is going in. He noted that there are very limited natural in -flows to the groundwater basin in the Valley (approximately 40,000 acre feet per year), and the Valley was pumping out approximately 130,000 more acre feet per year than was going in. He said in order to stop this, the Water District had put together a water management plan to cover the entire Coachella Valley, and the intent was to control the over draft. With control of the over draft, he said they felt they could control subsidence and also protect the water quality and insure there is enough water for future development. He added that citizens could help by conserving as much water as possible, and one way to do this was by having more desert-scape landscaping as opposed to landscaping that uses a lot of water such as lawns. He said they would also like to work with the different cities in the Coachella Valley and enforce the existing landscaping ordinances. He noted that Palm Desert's ordinance had a maximum daily water allowance that is supposed to be built in to any landscaping approved in the City. He said he had spoken with several landscape architects who indicated they had never even been questioned on water use for what goes in. With regard to their 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * water management plan, he said it was felt a lot of the aspects could be incorporated into the City's General Plan Updates and development policies, and that way the over draft and other issues affecting subsidence could be controlled. Councilman Spiegel stated that there had been rumors for a long time about Los Angeles coming in and taking the Coachella Valley's water, and he asked if there was any possibility this could be done. Mr. Robbins stated that the Water District was working very diligently to make sure that does not happen. He said there was a settlement agreement reached last year, and they were quantifying the water rights of people to Colorado River water, and the Coachella Valley Water District was one of those. He said when the final agreement is signed, hopefully early next year, that will assure the Coachella Valley of a good, fixed water supply for at least the next 75 years. He said he believed that, coupled with what is being done in the Water District management plan, will allow the Coachella Valley to move forward, continue to develop, and have enough water. Councilmember Benson said the rumor she heard in 1969 when she moved to the Valley was that there was no reason to worry about water because of the 100-year supply of underground water. Mr. Robbins noted that no one 30 years ago really projected the type of growth in the desert that has taken place since that time. He said while there was a huge underground water supply, the water levels were going down, and some of the effects of that over draft were now being seen. Upon question by Councilman Spiegel, he said they had not done a direct comparison to show water level going down versus population going up; however, it was obvious that this was actually happening. He noted that 70% of the water used here in the Coachella Valley is used outside of the homes for landscaping. Mayor Crites stated that he had always had regard for the Water District, especially in terms of its technical ability. However, he said he was concerned about the over draft and said the Valley did not get to a 130,000 acre feet over draft over night. He said he had seen very little evidence of this district being as aggressive in terms of issues such as ski lakes and landscaping in developments as it has been on the technical expertise. He asked what the District was willing to do in combination with the cities to fix this issue and how quickly it could be achieved. MR. TOM LEVY, General Manager of Coachella Valley Water District, stated that with regard to ski lakes, the Water District wrote to the State Water Resources Control Board, the agency charged under State law and the State Constitution to make determinations of reasonable and beneficial use, and asked whether a ski lake in an over drafted region would be a reasonable and beneficial use of water since, under State law, recreational lakes are a beneficial use. He said they received a letter stating that that Board was too busy to look at this issue. The Water District sent a second letter asking for direction on this issue and requesting reconsideration. They received a letter back reiterating that they were too busy. Given that, and given that ski lakes are a beneficial use under State law for recreational lakes, they did not have a choice but to allow it. He noted that the Water District had a dilemma because this is an unadjudicated basin, meaning that anyone can Polk urge 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * go out and drill a well and pump water if they wish to do so, although they may have to pay a replenishment assessment for pumping that water. He said the dilemma was whether to allow them to pump ground water or deliver Colorado River water to them, and it was decided that it made more sense to deliver Colorado River water to them than to have them pump the higher quality ground water. He noted that there are two industries in the Coachella Valley — agriculture and resort/recreation, and the engine that drives resort/recreation is golf, which takes water. He said he felt the City had done an outstanding job at Desert Willow in coming up with a world -class golf course that uses water in a very efficient manner, and more of that needed to be done. He noted that most of the over draft was in the lower Coachella Valley, and it was the result of people shifting to drip irrigation and going up on the slope, where there was no irrigation water available in the distribution system, and putting in table grapes. He said the District was proposing to increase the amount of canal water used there, and a settlement was negotiated a year ago that would increase the amount of water available in the lower Valley. He also said they were in negotiations to get additional water to recharge the upper Coachella Valley. He noted that the District was committed to spending the rate -payer and tax -payer money to try and solve this over draft problem, and they would need the support of the cities and the community in order to implement this. Mayor Crites stated that while CVAG's Energy and Environment Committee regularly spends a lot of time about issues dealing with energy use, air quality, endangered species, etc., it seemed that the issue of water use simply did not exist very often at CVAG. He added that he felt the land subsidence had energy implications as well, and he would like CVAG and the City of Palm Desert to be partners with the Coachella Valley Water District in these issues. Mayor Pro-Tem Ferguson said he was shocked to learn that the City of Palm Desert has an ordinance regulating the amount of water used in landscaping that it does not enforce. He said he would ask staff to look into that matter to find out if it is true and, if so, what can be done about it. He said he also wondered why the Coachella Valley Water District does not suggest to municipalities either a per capita or per rata over draft reduction allocation per city, give Palm Desert a target, give it a model ordinance to help it achieve that target, and let the City take responsibility. Mr. Levy said the entire range of issues needed to be dealt with, from conservation to importing more water. He said he would get back to the City with some ideas. Councilman Kelly said he felt CVAG needs to coordinate this effort so that all of the cities in the Coachella Valley are doing the same thing. Mayor Pro-Tem Ferguson agreed but said the City of Palm Desert is the only city with an award - winning golf course and the only city that does median landscaping to the extent that it does. Councilman Kelly said he felt the City of Palm Desert has a responsibility to get the rest of the cities to do the same. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * No Council action was necessary or taken on this matter. XII. OLD BUSINESS A. REOUEST FOR AUTHORIZATION TO DISPOSE OF SURPLUS CITY VEHICLES. Mayor Crites said he thought vehicles were going to be given to Martha's Kitchen so that they could be used rather than be sold. Councilmember Benson disagreed and said Martha's Kitchen raises money from selling vehicles donated to that organization. Councilman Kelly said it was not clear to him whether Martha's Kitchen would actually receive the money from the sale of the City's vehicles. Mr. Bassler stated that he was not sure whether this was the case because the vehicles go to the main charity, Father Joe's Villages in San Diego for sale. He said they were not able to give him any assurance that all of the money from the sale would come back to Martha's Kitchen in the Coachella Valley. He offered to follow up on that. Councilman Kelly said it might be better for the City to sell the vehicles and then donate the money to Martha's Kitchen. That would ensure that the money would stay in the Coachella Valley. He noted that the commercial on television leads one to believe that vehicles can be donated and will stay here in the Valley. He said he was sure that was Councilmember Benson's intent when she suggested that the vehicles be donated to Martha's Kitchen, and something needs to be done to ensure that the local facility receives the money. Councilmember Benson agreed. Mayor Pro-Tem Ferguson stated that the City could give Martha's Kitchen money if it wishes to do so through the Charitable Contributions funds. Councilman Spiegel responded that the City already provides funding to Martha's Kitchen from Charitable Contributions. Mayor Pro-Tem Ferguson suggested that the amount could be increased by $4,650 (as outlined in the staff report), and the vehicles could then be given to College of the Desert to teach students how to retrofit vehicles for alternative fuels. He said he had a concern with giving money to charities in San Diego. Councilmember Benson suggested that this matter be continued for two weeks to allow staff to further investigate whether donation of vehicles to Martha's Kitchen would directly benefit the Coachella Valley facility. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Spiegel moved to continue this matter to the meeting of October 26, 2000, and direct staff to further investigate whether the donation of vehicles to Martha's Kitchen would directly benefit the Coachella Valley facility. Motion was seconded by Kelly and carried by unanimous vote. Mr. Bassler noted that the vehicle that was to be donated to College of the Desert was now in their possession. B. PRESENTATION OF REPORT REGARDING STATUS OF CONTRACT WITH HOLLAND-LOWE FOR HIGHWAY 111/HIGHWAY 74/MONTEREY AVENUE INTERSECTION IMPROVEMENTS (CONTRACT NO. C17530, PROJECT NO. 626-97). Mr. Ortega asked that action on this item be deferred until discussion in Closed Session. C. CONSIDERATION OF TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF EL PASEO AND LARKSPUR. Mr. Folkers reviewed the staff report, noting that staff had been working with Madison Marquette for quite some time, with the issue being whether or not Madison Marquette was responsible for a traffic signal. He said information presented by them to staff indicated that, due to certain delays, they had experienced costs of interest on the parking structure of approximately $100,000. He said in reviewing the program, it was staffs recommendation that the City pay the $100,000, with Madison Marquette to pay the $50,000 toward the traffic signal at the intersection of El Paseo and Larkspur. He said as part of the construction project on Highway 111, a left -turn pocket was cut in, and traffic going west -bound on Highway 111 can now turn left onto Larkspur. This has added to the number of vehicles in the intersection of El Paseo and Larkspur, and there is a lot more pedestrian activity due to the various businesses at The Gardens of El Paseo. He offered to answer any questions. Councilman Spiegel agreed with Mr. Folkers that a traffic signal was needed at this intersection due to the congestion. Councilman Spiegel moved to, by Minute Motion, approve the City's payment of $100,000 and Madison Marquette's payment of $50,000 toward the traffic signal at the intersection of El Paseo and Larkspur. Motion was seconded by Kelly and carried by unanimous vote. D. DISCUSSION RELATIVE TO CIVIC CENTER COVERED PARKING. Special Projects Administrator Pat Conlon reviewed his staff report dated October 12, 2000. He noted that the project had gone through, Architectural Review Commission, Art In Public Places Commission, and the Landscape Committee. He said the Landscape Committee had asked the architect to prepare a cost estimate based on the proposed design, and Mr. Frank Urrutia had submitted it as requested. The Landscape Committee referred the matter to the City Council for discussion relative to the cost issue. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Urrutia reviewed the design, noting that the columns signify an abstract of the trunk of a palm tree, and that is why they would be segmented upward. He said the structure would be all steel and would be very low maintenance. He noted that the design was such that when it rains, the water would drain toward the center of the median area. There would be lighting underneath so as to illuminate the path of entry into the vehicles rather than over the vehicles. The column material would be split -face block, the same as currently on the Civic Center buildings. Upon question by Councilmember Benson, Mr. Urrutia stated that the original intent was to have the Civic Center North parking lot done first, primarily because there is nothing currently there in terms of trees or light fixtures that would have to be removed. Upon question by Mayor Pro-Tem Ferguson, Mr. Conlon responded that staff had been directed to start on the north parking lot. Mayor Pro-Tem Ferguson disagreed and said that he and Councilman Spiegel wanted to provide covered parking for City employees, and that would be Civic Center (Area 1) as shown in blue color on the map in the staff report. Councilman Kelly noted that the staff report indicated the cost for the covered parking for the Civic Center North parking lot would be $892,143.00; however, he did not see a cost breakdown for the other two areas. Mr. Conlon stated that page 3 of his staff report, question #4, indicated the cost for the center area (Civic Center Area 1) would be $1,640,000. Councilman Kelly expressed concern with the high costs for building these structures. Mayor Pro-Tem Ferguson stated that the staff report showed examples of structures built in other cities, and one example was La Quinta, which did its entire parking area, roughly the same square footage given for Palm Desert, at about half the cost. He added that, with no disparagement to Mr. Urrutia's design, if the goal is to provide shade for vehicles, it does not necessarily have to be the most expensive way possible as long as it can be done in an aesthetically pleasing manner. He, too, expressed concern with the costs. Councilman Spiegel said he felt Mr. Urrutia had come up with a good design; however, he did not know whether it was appropriate for City of Palm Desert employees and Councilmembers. He said he still felt it was appropriate to provide covered parking for City employees but would hate to throw the project out completely because of the costs. Councilmember Benson stated that she personally liked the design of the covered parking at U.S. Filter Corporation, and she asked if staff was aware of the cost for that structure. Mr. Conlon responded that that structure was built by Sunrise when the building was constructed some time ago. He said he could try to find out the cost. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites stated he felt it would be very inappropriate to start building something expensive for City employees and Councilmembers to park under. He said he felt the shade structure should be built over the public area where there currently is no shade at all. He added that a lot of citizens come to the park and use that parking lot. He said he would want to start with the north parking lot before constructing a shade structure in an area where there is already partial shade. Mayor Pro-Tem Ferguson reiterated that his intent was to provide a benefit to the City employees. He said the City had provided sheltered parking for Shelter From The Storm's transitional apartment complex, and he felt the City employees deserved to have that benefit. Councilman Kelly concurred with Mayor Crites and said he felt the project should begin at the north parking lot for several reasons: 1) There are no trees in that area at all at this time; 2) it is a smaller area and would provide experience in constructing sheltered parking; 3) if someone feels strongly about parking in the shade it is not very far to park and walk to the office. He said he also felt it would be a nice gesture for the City to provide covered parking for the citizens first. He agreed with Councilmember Benson relative to the style of the U.S. Filter parking structure and said it would blend in with the buildings. Councilman Spiegel said that Civic Center Area 1 is not used just by employees and Councilmembers — it is also used by anyone visiting the Civic Center, including residents and developers. Councilmember Benson said if the north parking lot was done first, the middle section of Area 1 could also be done, and it would match. She said the rest could be done in phases if the U.S. Filter design is utilized. Councilman Spiegel moved to continue this item to the meeting of November 9, 2000, and direct staff to return with a design similar to that utilized by the U.S. Filter Corporation and price for same in the following breakdown: 1) For all of Area No. 2; 2) for the middle section of Area No. 1; and 3) all of Area No. 1. Motion was seconded by Kelly. Mr. Ortega noted that this was not a budgeted item. Mayor Pro-Tem Ferguson stated that Council once the costs have been presented, Council will decide whether or not to proceed with the project and, if so, how to pay for it. Mayor Pro-Tem Ferguson called for the vote, and the motion carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XIII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Business Support Manager Ruth Ann Moore noted her report in the packets and offered to answer any questions. B. CITY MANAGER Mr. Ortega noted the items listed on the Agenda for Closed Session. C. CITY ATTORNEY 1) Request 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 Mr. Erwin asked that the following item had arisen after the Agenda was posted, and he asked that it be added to the Agenda: Conference with Legal Counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Crites and carried by unanimous vote. 2) R&nort and Action on Items from Closed Session Made at This Meeting. None 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. CITY CLERK Ms. Klassen reminded Council of the two Study Sessions which were scheduled for 9:00 a.m. on October 23, 2000, and 3:00 p.m. on October 26, 2000. E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. Mayor Crites reported on CVAG's Energy & Environment Resources Committee meeting held earlier that day. He reviewed the report entitled "Status of Coachella Valley PM10 Air Quality Efforts" (on file and of record in the City Clerk's Office). He said since the program was started in 1992, the Valley had been in attainment under Federal air quality standards until 1999. He said the EPA looks at it as a three-year average, so one year does not do any harm; however, the data so far in 2000 suggested that the Valley will be further out of attainment in 2000 than in 1999. He said that this was cause for concern, and he noted that in Phoenix it ended up that the Federal Government went in and wrote the dust control ordinances and programs. In addition, Las Vegas was looking at the imposition of a construction moratorium until they get the dust control problem taken care of. He said AQMD had indicated that the number of complaints from citizens in the Coachella Valley had risen five -fold in the last year and a half, and the perception was that the various cities may not be doing as good a job in terms of enforcing the existing rules and making sure developments are in compliance with those rules. He added that AQMD had offered to meet with City staff to make sure Palm Desert is still doing those things now that it was doing five and seven years ago in terms of writing good dust mitigation proposals, making sure they are not boiler plate and are actually adapted to specific sites, and making sure code enforcement and compliance are being done. Upon question by Councilman Kelly, Mayor Crites noted that the two permanent monitoring stations in the Coachella Valley are located in Palm Springs and Indio. Councilman Spiegel stated that he was speaking to representatives at Sun City Palm Desert who indicated that a lot of sand is blowing over from the Fringe -Toed Lizard preserve. He said it was his understanding that nothing could be done about that situation. Mayor Crites said that was correct. He noted that there is a difference between sand and PM10, which is very fine particulate matter that does not settle out of the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * air in quick order. The reason PM10 is such an issue is that it is very fine and gets into people's lungs, and the lungs do not expel these particles very well. Councilman Kelly stated that what Sun City Palm Desert gets is that PM10. Mayor Pro-Tem Ferguson stated it was his observation that whenever sand gets moved by a caterpillar, it is PM10, and when it is moved by the wind, it is just sand. He said to him it was all the same, and he was not sure it was fair to blame it all on commercial development when we do have one of the windiest regions in North America. Mayor Crites asked that staff contact representatives of AQMD to make sure Palm Desert is doing its business in the proper way. XIV. COMPLETION OF HELD OVER ITEMS. None XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVI. PUBLIC HEARINGS A. CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE, CHAPTER 25.56.280 OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO DETACHED ACCESSORY BUILDINGS Case No. ZOA 00-04 (City of Palm Desert, Applicant). Mayor Pro-Tem Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. Mayor Crites moved to waive further reading and pass Ordinance No. 970 to second reading, approving an amendment to Chapter 25.56.280 relative to detached accessory buildings. Motion was seconded by Spiegel and carried by unanimous vote. B. REOUEST FOR APPROVAL OF THE SALE OF 43-740 KELSEY COURT AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor Pro-Tem/Vice Chairman Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered, and he declared the public hearing closed. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 12, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor/Chairman Crites moved to: 1) Waive further reading and adopt City Council Resolution No. 00-124, authorizing the Palm Desert Redevelopment Agency to sell 43-740 Kelsey Court at fair market value; and 2) waive further reading and adopt Redevelopment Agency Resolution No. 405, making a finding that the sale price for 43-740 Kelsey Court is not less than fair market value in accordance with the highest and best use under the Redevelopment Plan for Project Area No. 1 Amended. Motion was seconded by Spiegel and carried by unanimous vote. Councilmember/Member Benson asked how many of the homes in Desert Rose had been taken back and resold. Housing Manager Teresa LaRocca said there had been ten to fifteen resales by the current owners, and the City had purchased two and resold them. XVII. ADJOURNMENT Upon motion by Spiegel, second by Benson, and unanimous vote of the City Council, Mayor Pro-Tem Ferguson adjourned the meeting at 5:26 p.m. to Closed Session. He reconvened the meeting at 6:14 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: SHEILA R. GTLLIG �ITY CLERK CITY OF PALM DE T, CALIFORNIA BUFORICA. CRITES, MAYOR 17