HomeMy WebLinkAbout2000-09-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 28, 2000
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I. CALL TO ORDER
Mayor Crites convened the meeting at 4:02 p.m.
II. 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. Spiegel
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
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
III. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 14, 2000, and the
Library Foundation Meeting of September 14, 2000.
Rec: Approve as presented.
Councilmember Benson ABSTAINED from this item due to her absence from the meetings of
September 14, 2000.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 25, 26, 27, 28,
29, and 29PD Office Complex.
Rec: Approve as presented.
C. ALCOHOLIC BEVERAGE LICENSE APPLICATION by Pacifica in the Desert, LLC, for
Pacifica in the Desert, 73-505 El Paseo, Suite F-2608, Palm Desert.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2000
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D. MINUTES of City Committee and Commission Meetings.
1. Art In Public Places Commission Meeting of July 19, 2000.
2. Citizens' Advisory Committee for Project Area No. 4 Meeting of August 21, 2000.
3. Civic Arts Committee Meeting of July 10, 2000.
4. Golf Course Committee Meeting of July 10, 2000.
5. Housing Commission Meeting of August 9, 2000.
6. Investment & Finance Committee Meeting of July 19, 2000.
7. Library Promotion Committee Meeting of June 14, 2000.
8. Palm Desert Recreational Facilities Corporation Meeting of May 17, 2000.
9. Sister Cities Subcommittee Meeting of July 3, 2000.
Rec: Receive and file.
E. REOUEST FOR AUTHORIZATION to Advertise and Ca11 for Bids for Construction of the Civic
Center Council Chamber Remodeling Project (Contract No. C17940).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
F. REOUEST FOR APPROVAL of Agreement for the Purchase and Installation of
Holiday Decorations (Contract No. C18230).
Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with
Harrington Decorating Company, Inc., Huntington Beach, California, in the amount
of $21,790.92.
G. REOUEST FOR APPROVAL of Amendment to Contract for Animal Control Services (Contract
No. C10301).
This item was 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.
H. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C 16990 — Median Landscaping
on Frank Sinatra Drive from Portola Avenue to Cook Street (Project No. 592-99) (Pink, Inc.,
Palm Desert, CA).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
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I. REOUEST FOR AUTHORIZATION to Release Improvement Security for Tract 27882-2
(The Avondale Corporation, Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to release the subject improvement securities for same.
J. REOUEST FOR AUTHORIZATION to Release Improvement Security for Tract 28295-1 and
Tract 28295-2 (Desert Resort Communities, Inc., Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize
the City Clerk to release the subject improvement securities for same.
K. REOUEST FOR AUTHORIZATION to Dispose of Surplus City Vehicles.
This item was 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.
L. REOUEST FOR APPROVAL of the Disbursement of Art In Public Places Funds for Artwork
to be Located at the Southeast Corner of Fred Waring Drive and Monterey Avenue
(Foxx Development, Applicant).
Rec: By Minute Motion: 1) Concur with the Art In Public Places (AIPP) Commission
recommendation to approve Foxx Development's commission of Artist Delos Van Earl
to create an entryway sculpture at the subject location; 2) approve a fifty percent (50%)
disbursement ($11,000) of AIPP funds paid by Foxx Development to said artist; 3)
approve a twenty-five percent (25%) disbursement of AIPP funds at the time of
artwork installation with the final twenty-five percent (25%) to be paid upon City
Council's approval of the completed work, pursuant to Palm Desert Municipal Code
Chapter 4, Section 4.10.080.
M. REOUEST FOR AUTHORIZATION to Expend Grant Funds -- U.S. Department of Justice Local
Law Enforcement Block Grant Program.
Rec: By Minute Motion: 1) Concur with the recommendation of the Public Safety
Commission and approve the request for authorization to expend the subject grant
funds for qualified expenses in the amount of $48,344 ($46,434 Grant Funds plus
$4,643 matching City funds); 2) authorize expenditure of the required 10% matching
City funds in the amount of $4,643 from the Police Contingency Fund for this purpose.
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Councilmember Benson asked that Items G and K be removed for separate discussion under Section
IV, Consent Items Held Over. She noted that she would also be abstaining from the vote on Item A
because she was not in attendance at the September 14, 2000, meetings.
Councilman Kelly moved to approve the remainder of the Consent Calendar as presented. Motion was
seconded by Ferguson and carried by a 4-0 vote (with Councilmember Benson ABSTAINING from Item
A, and Councilman Spiegel ABSENT).
IV. CONSENT ITEMS HELD OVER
G. REOUEST FOR APPROVAL ofAmendment to Contract for Animal Control Services (Contract
No. C10301).
Councilmember Benson stated that when she had visited California Animal Care for the CVAG
committee on the Valley -wide shelter, there was a notice on the door going into the kennels
stating that no veterinarian had seen those animals that were in the kennels and that if they were
up for adoption, they had not yet been checked. She asked how much more it would cost in the
contract to at least have a veterinarian part-time or on an on -call basis. She added that she felt
the animals should be checked as they come in, and this was not a part of the current contract.
Upon question by Councilman Kelly relative to how many other cities are involved with that
shelter, Councilmember Benson responded that Cathedral City and perhaps Indian Wells were
involved and that there were two Councilmembers from Cathedral City present when she visited
the shelter who had the same concerns. Councilman Kelly said if something is done, both of
those cities should also be asked to cooperate so that Palm Desert does not have to pay the entire
bill.
Councilmember Benson moved to, by Minute Motion, approve of the following relative to the contract
with California Animal Care: 1) Amendment to Section B(a) - Field Services - Hours and Scope of Service,
stating that California Animal Care will operate their business seven (7) days a week instead of five (5) days
a week for the City of Palm Desert; 2) amend Exhibit "D," of the subject contract for professional services
to be increased from $75,000 to $98,000 -- funds are available in Account No. 110-4230-442-3090 for same;
3) Change Order No. 1 in the amount of $23,000 (Purchase Order No. 7792) to effect the aforementioned
amendments; 4) direct staff to look into the cost to provide veterinary services, part-time or on an on -call
basis, for sheltered animals and how the contract could be amended to include such services and distribute
the cost equitably amongst all jurisdictions served by the contractor. Motion was seconded by Kelly and
carried by a 4-0 vote, with Councilman Spiegel ABSENT.
K. REOUEST FOR AUTHORIZATION to Dispose of Surplus City Vehicles.
Councilmember Benson noted that requests are received each year from Martha's Kitchen in
Indio for contributions, and she asked if it would be possible to donate surplus vehicles as part
of the City's contribution.
Mr. Ortega noted that there might be a problem with these vehicles as far as smog certification.
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Mr. Bassler stated that he could check with Martha's Kitchen to see if this is something that
could be done. He said he had seen the advertisements on television where they say they can use
vehicles, running or not. He added that it was his understanding that most of the time, Martha's
Kitchen goes through a disposal company and receives the proceeds from those vehicles.
Councilmember Benson said that the City gives Martha's Kitchen money anyway, and perhaps
the vehicles could go toward the City's contribution.
Mr. Bassler stated that staff was considering donating one of the vehicles to College of the
Desert, and he asked if Council wanted to continue with that.
Councilmember Benson stated that was what gave her the idea of donating vehicles to Martha's
Kitchen.
Councilman Kelly moved to, by Minute Motion: 1) Declare the list (attached to the staff report)
of City vehicles as surplus; 2) donate the surplus 1992 Chevrolet Caprice (CNG bi-fuel) to College of
the Desert for alternative fuel training; 3) authorize staff to investigate alternative methods for
disposing of the remainder of the vehicles (i.e., donation to Martha's Kitchen). Motion was seconded
by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
V. RESOLUTIONS
A. RESOLUTION NO. 00-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 00-73, SALARY
SCHEDULE, RANGES, AND ALLOCATED POSITIONS, AND TO CREATE NEW SALARY
RANGES FOR THE CITY MANAGER, ASSISTANT CITY MANAGER FOR
DEVELOPMENT SERVICES, AND ASSISTANT CITY MANAGER FOR
COMMUNITY SERVICES.
Mr. Erwin noted the two resolutions in the packet. Although they were basically the same as it
related to the creation of the two new positions, the City Manager positions, and the salary
structures for all three positions, Resolution No. 00-119 would delete from Resolution No. 00-73
two existing positions that had been superceded by the new positions.
Councilmember Benson moved to waive further reading and adopt Resolution No. 00-118. Motion
was seconded by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
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REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2000
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VI. ORDINANCES
For Introduction:
A. ORDINANCE NO. 969 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING CHAPTER 10.100 TO THE CODE OF THE CITY
OF PALM DESERT, CALIFORNIA, RELATING TO RECREATIONAL VEHICLE PARKING
AT SPECIAL EVENTS.
Mr. Ortega noted the report in the packets and stated that staff was available to answer any
questions.
Mayor Crites said he felt this Ordinance created a whole lot of to-do and made things look
difficult for something that often involves nothing more than simply talking with people. This
would require that an application be completed and approved and that a permit be issued, etc.
He suggested instead that the City just make sure no one parks diagonally.
Risk Manager Ken Weller stated that one of the issues was that some of the people who come
to the special events in their recreational vehicles come prior to the established time for the event.
Mayor Crites suggested that signs be put up stating that no diagonal parking is allowed.
Councilman Kelly expressed concern with having a lot of signs posted, and he suggested just
telling people they cannot park diagonally. He asked if this really was that big of a problem.
Mr. Weller responded that it was a matter of noticing people that they need to complete the one -
page application and obtain a permit. He added that the purpose was so that staff can determine
how much space is really available in the parking lot when special events are held. He said staff
assigns areas of different activities during these events, and this would allow an opportunity to
decide if there is recreational vehicle parking available (either on -site or off -site) and make sure
there is enough parking for everyone.
Councilman Kelly asked how people coming to Palm Desert to attend special events will know
they are required to obtain permits to park their recreational vehicles in the parking lot.
Mr. Weller responded that the information would be included in the City's newsletter, which is
provided to all Palm Desert residents. In addition, when advertising for these events is done, it
will include information advising that a permit would need to be obtained prior to that event in
order to park a recreational vehicle in the parking lot.
Mayor Pro-Tem Ferguson stated that this was a City -owned parking lot, the City controls how
people use it, stripes it, determines the parking space size and how many cars can park in the lot,
etc. He asked if the City would be within its legal rights as the owner of the property to ask the
owners of recreational vehicles to move their vehicles if there were problems with blocking
storage bins, taking up four spaces, etc., and Mr. Erwin agreed. Mayor Pro-Tem Ferguson said
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he agreed with Mayor Crites that this was creating a whole layer of bureaucracy over a "tempest
in a teapot."
Councilmember Benson suggested just labeling the area where recreational vehicle parking is
allowed and put wording on just one sign indicating the area is for recreational vehicle parking,
with no diagonal parking allowed.
Councilman Kelly said he did not feel it would be good to just designate an area for recreational
vehicle parking because if there are no such vehicles in that area, people in other types of
vehicles would want to park there.
Mr. Weller stated that one of the issues discussed with the Sheriff's Department was that
recreational vehicles were different from automobiles with regard to the parking ordinances
allowing the towing of vehicles. People are able to actually reside in recreational vehicles, and
they cannot just be picked up and towed away without considering the fact that items in the
vehicle may not be secured and may end up being broken.
Mr. Ortega stated that it was his understanding that one of the issues was that there are people
who park their recreational vehicles cross -wise, taking up several spaces. When staff has asked
them to move the vehicle, they refuse to do so. Staff is looking for some kind of City ordinance
so that this could be enforced.
Mayor Pro-Tem Ferguson stated that the City already had the legal authority to remove these
vehicles because it is a City -owned parking lot, and an ordinance is not necessary.
Councilman Kelly moved to TABLE Ordinance No. 969. Motion was seconded by Ferguson and
carried by a 4-0 vote, with Councilman Spiegel ABSENT.
For Adoption:
A. ORDINANCE NO. 966 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
CHAPTER 25.16.030(J) OF THE MUNICIPAL CODE AS IT RELATES TO RENTAL AND
LEASING OF SINGLE-FAMILY DWELLINGS FOR LESS THAN 30 DAYS
(City of Palm Desert, Applicant).
Mr. Ortega noted that no changes had been made to this ordinance since its introduction.
Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 966. Motion was
seconded by Kelly and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
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B. ORDINANCE NO. 967 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.104.060
OF THE MUNICIPAL CODE AS IT RELATES TO STEALTH INSTALLATION OF
COMMUNICATION TOWERS AND ANTENNAS (City of Palm Desert, Applicant).
Mr. Ortega noted that no changes had been made to this ordinance since its introduction.
Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 967. Motion was
seconded by Kelly and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
C. ORDINANCE NO. 968 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
CHAPTER 25.16.090(A) AND (C) OF THE MUNICIPAL CODE AS IT RELATES TO
SETBACKS FOR GARAGES AND CARPORTS IN THE R-1 DISTRICT (City of Palm Desert,
Applicant).
Mr. Ortega noted that no changes had been made to this ordinance since its introduction.
Mayor Pro-Tem Ferguson moved to waive further reading and adopt Ordinance No. 968. Motion was
seconded by Kelly and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
VII. NEW BUSINESS
A. REOUEST FOR APPROVAL OF THE POLICE ACTION COUNSELING TEAM
AGREEMENT FOR FISCAL YEAR 2000/01 (CONTRACT NO. C16741).
Mr. Ortega noted the report in the packets and offered to answer any questions.
Councilmember Benson moved to, by Minute Motion, approve the subject agreement for FY 00/01 in
the amount of $128,280 and authorize the Mayor to execute same. Mayor Pro-Tem Ferguson seconded the
motion, noting that he felt this had been the single -most successful law enforcement special activity the City
of Palm Desert had had, and he understood the Sheriff was taking this program County -wide because of its
success. He said from the officers he had spoken with, as well as the counselors involved, this had had an
immeasurable impact on the lives of children and spouses in violent situations. Mayor Crites called for the
vote, and it carried by a 4-0 vote, with Councilman Spiegel ABSENT.
VIII. CONTINUED BUSINESS
A. CONSIDERATION OF SUBSTANDARD LANDSCAPING PROCEDURE (Continued from
the meetings of August 24, and September 14, 2000).
Mayor Crites noted the staff report in the packets from the City Attorney.
Mr. Erwin asked that this matter be referred back to staff if there is an interest in doing this. He
said staff would like to take this back, get together, and come up with a concrete recommendation
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to the City Council. Upon question by Councilman Kelly, he responded that the objective was
to make sure properties in the area are cleaned and presentable and do not detract from the
neighborhoods. He said while this is already done, staff was looking for some particular way to
keep from going back time after time.
Councilmember Benson agreed this should be sent back to staff; however, she asked if some kind
of program could be set up that would similar to the HIP (Home Improvement Program). She
said she felt this would accomplish what staff is trying to do and give people an opportunity to
have some assistance.
Councilman Kelly said he was willing to send this back, but his inclination was that there is
already a good enough ordinance to do what needs to be done.
Mayor Pro-Tem Ferguson stated his concern was that he would not want to take over people's
landscaping because they will not take care of it.
Mayor Crites suggested that the matter be referred back to staff for placement on a future
Landscape Committee Agenda for consideration.
Councilman Kelly moved to, by Minute Motion, refer this matter back to staff for placement on a future
Landscape Committee Meeting Agenda for consideration. Motion was seconded by Ferguson and carried
by a 4-0 vote, with Councilman Spiegel ABSENT.
B. REOUEST 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, and September 14,
2000).
Mr. Ortega asked that this matter be continued to the next meeting. He said staff would be
providing Council samples of cabinets and materials.
Councilman Kelly moved to continue this matter to the meeting of October 12, 2000. Motion was
seconded by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
C. CONSIDERATION OF AN APPEAL OF A NOTICE TO ABATE A PUBLIC NUISANCE
LOCATED AT 43-155 PORTOLA AVENUE, SPACE 32 (Jacob Black, Appellant) (Continued
from the meeting of September 14, 2000).
Mr. Ortega noted the staff report in the packets as well as a letter from a Mr. Harris relative to
this matter.
Housing Manager Teresa LaRocca noted copies of photographs taken on September 26th and 28"
demonstrating that little if any progress had been made.
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Upon question by Councilman Kelly, Mr. Ortega noted that the letter from Mr. Harris indicated
that Mr. Black had been off work for two days due to illness and could not, therefore, clean up
his property.
Ms. LaRocca added that the letter was probably from the appellant's employer. She noted that
the dumpster had been on -site since the Friday immediately following the last Council meeting,
and very little progress had been made. She said staff had spoken with Mr. Black on several
occasions, and she had sent him a letter encouraging him to proceed with the cleanup and
advising him of this City Council meeting.
Mr. Erwin stated that there were five photographs taken on September 26th which basically
showed little or no progress, if at all. In accordance with Council's instructions at the last
meeting, the court hearing had been continued for two weeks, until September 29th
Ms. LaRocca stated that Mr. Black was also apparently attempting to enclose the patio section
of the mobilehome without authorization or permits from the Homeowners Association.
Mr. Erwin agreed and said this was noted on the photographs as well.
Mayor Pro-Tem Ferguson stated that at this point in time, he was willing to turn the matter over
to a Superior Court judge. He said it had been made clear to Mr. Black at the last meeting that
he had two years of requests that he clean up his property. Now the City has offered him
assistance by providing a dumpster for him to use.
Councilman Kelly moved to deny the appeal and refer the matter to the Court for resolution. Motion
was seconded by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
IX. OLD BUSINESS
A. REOUEST FOR APPROVAL OF THE EXTENSION OF AGREEMENT WITH THE COUNTY
OF RIVERSIDE FOR CITYWIDE STREET STRIPING (CONTRACT NO. C07430).
Councilman Kelly moved to, by Minute Motion, approve the subject agreement extension with the
County of Riverside in an amount not to exceed $75,000. Motion was seconded by Ferguson and carried
by a 4-0 vote, with Councilman Spiegel ABSENT.
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X. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Ms. Ruth Ann Moore noted the report in the packets and offered to answer any
questions.
2. Coachella Valley Subsidence Monitoring Program
Mr. Ortega stated that a representative from the Water District had planned to attend
this meeting, and staff had advised he needed to be at the meeting by 6:00 p.m.
Mr. Folkers noted that the representative would not be able to come to the meeting
until 7:00 p.m.
Councilman Kelly moved to continue this matter to the meeting of October 12, 2000, at which time
a representative from the Coachella Valley Water District would make a presentation. Motion was seconded
by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
3. Status Report in the Edith Morrey Matter
Mr. Ortega noted his status report in the packets indicating that the current formulas
for computing the charges for trash services were approved by the property owners,
and any change in the formulas would have to go back to the property owners for
approval. He reviewed the issues raised by Mrs. Morrey and outlined in the report.
Mayor Crites stated that he had spoken with Mrs. Morrey prior to this meeting. He
asked how Mrs. Morrey would go about having the assessment formula changed and
who she should speak to about this.
Mr. Tom Bassler noted that in order to change the formula, the entire Business
Improvement District would have to be redone. The City's Assessment Engineer
(MuniFinancial) would have to make the recommendation to the City Council.
Councilman Kelly stated that the City does a lot of commercial recycling, and he felt
when this district was put together, recycling was not an item the City gave much
thought to. He said he felt Mrs. Morrey's complaint sounded legitimate because she
did not have much trash. He said he felt the charge should relate somehow to the
amount of trash generated by a business so as to encourage recycling. He added that
with the City's efforts to do commercial recycling, this entire situation should be
examined to see if it needs to be revised.
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Mayor Crites said the second issue brought to him by Mrs. Morrey was her contention
that her building did not contain 8,200 square feet. He asked who she would go to
regarding that issue.
Mr. Bassler stated that staff would need to research building records; however, the
property was measured out and building records were used in the original
determination.
Mr. Folkers stated that staff would research the building records for Mrs. Morrey.
Mayor Crites stated that he would like for staff to: 1) Look at Mrs. Morrey's building
and recalculate the square footage to determine whether the existing calculations are
correct; and 2) look at the way the City does the assessments for refuse collection, to
take into account issues such as recycling and variable amounts of trash by different
kinds of businesses.
Finance Director Paul Gibson noted that when the district was originally approved by
the property owners, it included a provision for review in five years. The district
would come back for a vote in 2003, at which time the formulas could be redone. He
said staff would have to look at whether changes can be made prior to that five years
without having property owners vote on it again.
Mrs. Morrey asked if she could be present when staff re-examines the square footage
so that she can show them around.
Mayor Crites responded that Mr. Folkers would be the staff person in charge, and he
suggested that Mrs. Morrey speak to him.
Mr. Folkers stated that he would contact Mrs. Morrey and have someone come out to
her building to look at the square footage.
With Council concurrence, this matter was referred to staff for further exploration of ways to resolve
Mrs. Morrey's concerns as outlined in the memorandum from the City Manager dated September 28, 2000.
4. Report on Possible Six -Month Delay of Contract for Drainage and Street
Improvements — Highway 111 from Plaza Way to San Marcos Avenue and on
Highway 74 from El Paseo to Highway 111 (Contract No. C17530).
Mr. Erwin noted that this matter had arisen since the Agenda was posted and needed
Council action prior to the next meeting. He asked that Council place the matter on
the Agenda for consideration.
Councilman Kelly moved to add this item to the Agenda for consideration. Motion was seconded by
Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
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Mr. Ortega noted the staff report in the packets regarding potential costs the City
would incur in delaying this project which was previously approved.
Mayor Pro-Tem Ferguson stated that it was his understanding that concerns had been
raised about whether or not this engineering and construction would be substantially
completed by Thanksgiving of this year. He said the concern was because this is the
busiest intersection in the City of Palm Desert, and having construction at the height
of the season would create an absolute mess in the heart of the City. He said the
reassurance the City was given was that the engineers and the Public Works staff who
had looked at this were reasonably confident that it can be finished by Thanksgiving.
He added that if he was reading the report correctly, delaying the project would cost
the City an additional $316,000. He asked if there was something between taking it
on blind faith that it will be done by Thanksgiving and spending over a third of a
million dollars to make sure it is delayed six months.
Councilman Kelly stated that this particular intersection was busy during the entire
year, not just during the season. He said he would vote for proceeding with the project
as planned instead of delaying it.
Upon question by Mayor Crites, Mr. Folkers responded that the engineer had indicated
the project could be done substantially by Thanksgiving. He said although it was a 90-
day project, the contractor indicated he could have the project done substantially by
that time so that it would not impact traffic during the shopping season between
Thanksgiving and Christmas.
Mayor Crites stated that when it was presented to him, he was told they felt they could
have the project substantially completed by Christmas.
Mayor Pro-Tem Ferguson stated it was his understanding that the start date was
September 27th, and Mr. Folkers agreed. He asked when the project would start now
if the Council chose not to approve the delay.
Mr. Folkers responded that Michael Errante of his staff had contacted the contractor
earlier in the day, and he had intended to begin the project on the original start date.
He said based on that, he did not think the contractor had allocated his forces to do
something else and was still set to begin the project as planned.
Mayor Pro-Tem Ferguson expressed concern with the Reserve project on Portola
where there is pipe in racks up and down that street waiting to be installed until the
underground conflicts (which were not anticipated) are resolved. He asked if there was
a way, if the project is begun and then underground conflicts are found causing the
project to be delayed, to find a middle ground.
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Mr. Folkers responded that there were things that can be done at that intersection that
would provide capacity. The contractor could be working on the outside and not
impact the traffic.
Mayor Crites said he did not believe the project would be done by Thanksgiving, and
he disagreed with Councilman Kelly that there is no significant difference between the
traffic during the season and traffic in May.
Councilman Kelly said he felt no matter when the project is done, there is heavy traffic
at that intersection.
Mayor Crites questioned the "Eichleay Formula" noted in the staff report for extended
home office overhead.
Mr. Erwin stated that this was a formula utilized predominantly by Caltrans and was
used when a contractor is delayed once a project has begun. In this case, he said he
knew the contractor had purchased materials, although he did not believe everything
was complete for the contractor to start at the present time (i.e., he did not think the
bonds were posted).
Mr. Folkers stated that there was a point in time, if there are conflicts, where the work
can be stopped, and the project could be shifted until after January or after April. The
costs would not be $316,000 because the contractor would have accomplished quite
a bit.
Councilmember Benson asked what would happen if the contract was just canceled and
rebid. She said the City had waited and waited on this project and had not paid
anything on the contract yet. She agreed the corner needed to be done but did not see
where six months was going to hurt anything. She asked if this was an option.
Mr. Erwin stated that this was an option, although he had not yet looked at the
ramifications of doing so.
Mayor Pro-Tem Ferguson asked if the work would go forward as originally scheduled
if the Council were to take no action at this time. Mr. Folkers said he was not sure
whether the Notice to Proceed had been sent out, and Mr. Erwin added that it was his
understanding that it had not yet been sent.
Mayor Pro-Tem Ferguson asked what would happen if there was a 2-2 vote at this
meeting. Mr. Erwin responded that the contract had been awarded, and staff would
move forward to have the contract signed, bonds and insurance posted, and send the
Notice to Proceed.
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Mayor Crites asked what would happen in two weeks, when all five Councilmembers
are present, if a motion is passed to delay the project. Mr. Erwin responded that the
issue of delay and incidental damages would have to be dealt with at that time.
Councilman Kelly moved to, by Minute Motion, proceed with the project as planned without delay.
Motion was seconded by Ferguson and resulted in NO ACTION on a tie vote, with Ferguson and Kelly
voting AYE, Benson and Crites voting NO, and Spiegel ABSENT.
Therefore, the project will proceed immediately, as planned.
B. CITY MANAGER
None
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
b) City of Palm Desert v. Juan M. Armenta, et al., Riverside County Superior
Court Case No. INC 006499
c) Indian Springs Mobile Home Park Homeowners' Association v. City of Palm
Desert and Indian Springs, Ltd., Riverside County Superior Court Case No.
019015
Conference with Legal Counsel regarding significant exposure to litigation pursuant
to Government Code Section 54956.9(b):
Number of potential cases: 2
2) Report and Action on Items from Closed Session Made at This Meeting.
None
D. CITY CLERK
Ms. Klassen stated that in preparation for getting the Council Chamber Remodel underway, there
were some last minute details to be worked out, and she asked that a Study Session be scheduled
for all five Councilmembers some time in the very near future.
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E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Consideration of Draft Ordinance Relative to Massage Therapy Business
Activities Within the Coachella Valley (Councilmember Jean M. Benson).
Councilmember Benson stated that this had come from CVAG's Human and
Community Resources Committee. She said Mayor John Pena of La Quinta had
asked CVAG to look into a Valley -wide massage ordinance which would allow
the people doing massages to obtain a permit to work in all of the cities without
having to get permits from the individual cities. She said they would be licensed
in the city in which their business is located, but they would be allowed to work
in other cities with the permit. She added that this was very similar to what was
done at the Convention and Visitors Bureau several years ago with regard to
filming permits where a permit was obtained from one city, and they were then
entitled to film in each city without having to acquire individual permits from
each city.
Mayor Pro-Tem Ferguson stated that he was in favor of having staff look at this
ordinance, but he felt the City of Palm Desert had taken a very bold step several
years ago when it had completely rewritten its massage ordinance to
decriminalize what would otherwise be a therapeutic profession. He asked if
individuals licensed in other cities, such as Cathedral City, would be able to come
into and practice massage in Palm Desert.
Councilmember Benson responded that this was the theory behind this Valley -
wide ordinance.
Mr. Drell added that the theory was that all of the cities would have the same
regulations and the same background check requirements.
Councilman Kelly said he felt this was something the City needed to be very
careful of. He said Palm Desert had done a lot of work to design its ordinance so
that it can control massage licenses. He added that he would be concerned with
someone getting a license in another city and then coming to Palm Desert to
operate the business.
Mayor Crites stated that he had had several telephone calls from people who were
members of the Board of Directors of the Valley -wide massage association, and
they were concerned that they were having to do the same paperwork, have the
same background check, and spend the same money several times in the year
because they work in different cities. He said if a model ordinance is found that
would meet the City of Palm Desert's requirements, he would agree to look at it.
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With Council concurrence, the City Attorney and staff were directed to review the proposed ordinance
and compare it to the City's existing regulation, being mindful of retaining the integrity of the City's current
regulation.
2. Consideration of Request from the Palm Springs Desert Resorts Convention &
Visitor Authority Regarding Comment on Mount San Jacinto State Park
General Plan (Councilmember Jean M. Benson).
Councilmember Benson stated that this issue had come up at the last meeting of
the Palm Springs Desert Resorts Convention & Visitor Authority, and members
were asked to bring this ordinance to their respective City Councils for comment.
She said they were looking for comments from the cities as to what they would
like to see at the Tram as far as activities, etc. She asked that this be directed to
staff to review the request to see what comments the City of Palm Desert should
submit so that it has a say in what is put into the Park area.
With Council concurrence, staff was directed to review the request to that the City can make comments
on what it would like to see in the Park area.
o City Council Committee Renorts:
1. Mayor Pro-Tem Ferguson stated that he and the City Manager had attended the
Fiesta del Sol ceremony in Mexicali the previous day with the Governor of Baja
and the Mayor of Mexicali.
2. Mayor Pro-Tem Ferguson reported that he and the Mayor had met with the Mayor
and Mayor Pro-Tem of Indian Wells earlier that day to discuss the widening of
Fred Waring Drive to six lanes.
3. Councilmember Benson stated that CVAG's Human and Community Resources
Committee had approved going forward with a consultant to determine costs
involved with a Valley -wide Animal Shelter, including how much space would
be needed and what the components of that space would be. Once these costs are
determined, it will be submitted to the various cities in the Valley that have
indicated an interest in such a shelter.
4. Mayor Crites stated that he was reporting on the Palm Desert Chamber of
Commerce meeting for Councilman Spiegel. He presented the Chamber's five-
year plan and positions on ballot initiatives on the upcoming November 7
election. He also noted a request from the Chamber of Commerce for the City to
take action requiring larger building address numbers in the commercial district
so that someone driving down the street would be able to know what block they
were in.
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Mr. Folkers stated that this was something that staff had hoped the new Director
of Building and Safety, when appointed, would be working on; however, if
Council wished, staff would proceed at this time without that person on board.
He added that block numbers were included on all street name signs; however, the
National Committee was recommending that the sizes of the signs be larger
because as people mature, they have a difficult time seeing the signs.
Councilman Kelly said he felt what was needed was to have an address on every
single business, and it should be at eye level for people driving by in vehicles.
With Council concurrence, staff was directed to proceed immediately with resolving this issue.
5. Mayor Crites stated that representatives of the County of Riverside had made a
presentation to CVAG's Executive Committee relative to the status of the
Riverside County Integrated Plan. He said they were not ready to present the plan
to communities and would like to know whether Palm Desert would like the
County Planning staff to come and discuss the west Coachella Valley area plan.
He suggested that a Study Session be scheduled for this presentation.
With Council concurrence, staff was directed to schedule a Study Session with Council to further
review and discuss the progress to date and Palm Desert's input in the process.
6. Mayor Crites stated that he and Councilman Spiegel had gone out and looked at
the hotel site from the neighbors' back yards, and they requested that staff once
again put up poles of heights associated with one-, two-, and three-story hotel so
that Councilmembers can get a visual bearing from the Clubhouse on the height
of the proposed hotel project.
Council concurred.
7. Councilman Kelly noted that there was a presentation the previous day at the
Desert Regional Airport Authority by the County of Riverside. He said the
County was updating its General Plan, just as Palm Desert is, and he asked what
the City is doing to coordinate this with the County.
Mr. Drell responded that staff would be consulting with the County and all
adjoining jurisdictions.
8. Mayor Crites stated that he had received a number of letters regarding the eminent
closure of the Ice Rink. He said although the new Ice Rink was supposed to be
almost completed and open, it looked to be behind schedule. He asked staff to
provide a status report on the Landmark Sports project at the corner of Gerald
Ford and Cook Street.
Council concurred.
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9. Mayor Crites noted that he had received a number of telephone calls in the last
day or so regarding installation of a median on Cook Street and the fact that going
north on Cook, drivers can no longer make a left turn onto Joni Drive.
Mr. Drell noted that earlier that day, drivers were not able to turn onto either Joni
or Velie and had to go all the way around to 42nd and come back.
Upon question by Mayor Crites, Mr. Folkers responded that only the closure at
Joni Drive was permanent. He said the contractor was one or two weeks behind
schedule on this project. Mayor Crites suggested that a letter be sent to residents
and people doing business there explaining why they are no longer able to turn
left onto Joni Drive. He said he understood that it had to do with the amount of
space between streets, and there is no room for a turn pocket at that street but felt
some kind of explanation needed to be mailed to the people in that area.
Mr. Folkers stated that staff had met with the people in that area and explained
what would be happening before the project was started but would do so again.
Council concurred.
XI. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION
None
XII. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
XIII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL TO A NOTICE TO ABATE ISSUED JULY 5, 2000, ON
PROPERTY LOCATED AT 74-210 GOLETA AVENUE (APN 627-021-015)
(James E. Gamble, Appellant) (Continued from the meetings of August 24, and September 14,
2000).
Mr. Ortega noted the report in the packets relative to the lack of action on the part of the
appellant.
Mr. Erwin stated that the Council had indicated at the last meeting that this item would be
considered at 5:30 p.m.
With Council concurrence, this matter was continued until 5:30 p.m.
Code Compliance Supervisor Hart Ponder noted that the Council had copies ofphotographs taken
on September 27t`'. He said that, as a result of Council's action at the last meeting, a dumpster
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had been placed on the property for ten days, and it was subsequently removed. He said Council
had a memorandum outlining the status of the property at this time.
Mayor Crites noted that this public hearing was open and invited testimony.
MR. JAMES GAMBLE, 74-210 Goleta Avenue, said he had not been able to clean up his
property within the ten days allowed for the dumpster. He said he had taken the previous
Tuesday off from work to make sure it was done prior to this Council meeting; however, the
dumpster was picked up before he could do the work. He said he had called to have another
dumpster delivered but was told there were none available until after Friday, and it would cost
approximately $390 because he would need a roll -off for furniture and appliances. He said he
could not afford this amount and had called the City Manager's Office, and the secretary had
arranged to have a dumpster delivered this Friday, with the promise that he would clean up the
property on Saturday. He said he felt the City Council had bent over backwards for him in
purchasing the dumpster, and it was not his intent to waste the Council's time in this regard. He
added that if the offer was still available for the dumpster to be delivered on Friday, he would
complete the cleanup this weekend. He noted that his fence had also been repaired.
Upon question by Mayor Crites regarding the fence, Mr. Ponder responded that while the fence
is propped up, it had not been repaired to City standards.
Councilmember Benson asked whether the automobiles shown in the photographs would still be
at that location after the rest of the debris is cleaned up.
Mr. Ponder responded that Council had provided the dumpster to clean up the trash and debris
and that it was his understanding that once progress is made in that area, the Council would make
a decision regarding the vehicles.
With no further testimony, Mayor Crites declared the public hearing closed.
Mayor Pro-Tem Ferguson stated that his preference was to instruct the City Attorney to file a
complaint with the Riverside County Superior Court tomorrow morning and seek a preliminary
injunction ordering Mr. Gamble to clean up his property. He said it was his understanding that
this would take about a week for that matter to be heard and the order to be issued. In the event
Mr. Gamble is able to clean up his property between now and when the order is issued, the City
could take action to forestall that legal process; however, if it is not cleaned up within a week,
the City could move forward to make sure the property is cleaned up. He said he had very little
patience with this entire situation, and he could not express to Mr. Gamble in strong enough
terms that the City has the ability to recover its administrative costs, attorneys fees, etc. against
him for forcing the City to take this action. He added that he would like to convey to Mr.
Gamble, in the strongest terms possible, that if he wants an additional period of time to clean up
the property, this is about the last chance he would have to do so.
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Mr. Gamble responded that he would not need another chance and promised that, if he is
provided with the dumpster as offered by the City Manager's secretary, he would have the
property cleaned up the following weekend.
Councilman Kelly asked if a motion could be worded in such a way that the City Attorney would
file the complaint with the Riverside County Superior Court on Monday, October 2, 2000, if the
property is not cleaned up by the end of the weekend.
Mayor Pro-Tem Ferguson agreed; however, he said his experience has been that there is very
minimal cost to file the paperwork, Mr. Gamble would then have an entire week rather than just
the weekend to get the property cleaned up, and the City could always withdraw its request if the
cleanup is completed on time.
Mr. Ponder asked if this would include the vehicles as well.
Mayor Pro-Tem Ferguson stated that he felt the entire cleanup should be done.
Councilman Kelly moved to, by Minute Motion: 1) Make a determination that a public nuisance exists
on the subject property; and 2) make a finding that the abatement described in said "Notice to Abate" is
reasonable and necessary to comply with the law, subject to the delivery of another dumpster to the property
on Friday, September 29, for clean-up over the weekend and abating the nuisance in total, including vehicles,
with the City Attorney to file a complaint with the Riverside County Superior Court on Monday, October
2, 2000. Motion was seconded by Benson and carried by a 4-0, with Councilman Spiegel ABSENT.
B. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION,
APPROVING A REQUEST BY MOBIL OIL CORPORATION FOR AN AMENDMENT TO
AN EXISTING PRECISE PLAN/CONDITIONAL USE PERMIT FOR A MOBIL GAS
STATION, CONVENIENCE STORE, INCLUDING BEER AND WINE SALE FOR OFF -SITE
CONSUMPTION, AND DRIVE-THRU CAR WASH ON 1.58 ACRES AT THE NORTHEAST
CORNER OF COOK STREET AND GERALD FORD DRIVE, 36-650 COOK STREET Case
No. CUP 00-06 Amendins PP/CUP 96-10 (Mobil Oil Corporation and Urrutia Architects,
Applicants) (Continued from the meetings of August 24, and September 14, 2000).
Mr. Ortega noted the staff report in the packets.
Mr. Steve Smith noted that this matter had been continued from previous meetings awaiting the
arrival of the photo view analysis, which staff now had. He said copies of that analysis had been
distributed to Council along with a report from the applicant on layout and security risks. He said
this was essentially a service station proposal that met all the requirements of the Zoning
Ordinance, setbacks, height, landscaping, etc. He noted that the Planning Commission had
approved the matter by a 2-1 vote, with Commissioner Finerty opposed because of concerns with
the canopy height becoming the predominant feature on the gateway to the City. In addition, she
felt it would not be adequately screened by a two- to three-foot high berm, and she felt it needed
to be set back further. He said the applicant had increased the height of the berm to four feet.
He offered to answer any questions.
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Upon question by Councilmember Benson, Mr. Smith showed the plans for the original project
proposed approximately three years ago and said this was the "reverse" plan.
Mayor Pro-Tem Ferguson asked why the reverse footprint was not being considered. Mr. Smith
responded that the applicant had submitted a new plan in its place.
Mayor Crites noted that in looking at the plans, it appeared that the types of materials to be used
were significantly different than originally proposed. Mr. Smith agreed and stated that the
applicant was available and could describe those differences.
Mayor Crites noted that this was a continued open public hearing, and he invited testimony from the
applicant.
MR. FRANK URRUTIA, Urrutia Architects, representative of ExxonMobil on this project, spoke
relative to the architectural design of the project, noting that they had designed the project to have
a contemporary desert style, with stucco (no metal) and having earth tones for color. He said the
structures were low in profile, with a maximum height of nineteen feet for the canopy, and the
store and car wash were sixteen and a half feet in height. He said it was their intent to maintain
as low a profile as possible with the design of these elements and still create some interest with
some detail in the facades. The intent of the site layout was to provide as much setback for the
buildings as possible from the streets. Another key factor was to provide a sense of safety in
terms of visibility from the street looking into the convenience store. He noted the store would
be set back 110 feet from Gerald Ford and 165 feet from Cook Street, the car wash would be set
back 115 from Cook Street, and the canopy would be 62 feet back from Cook Street and 48 feet
from Gerald Ford. In addition, there was a large stacking area that services the car wash; it
would be to the east and behind the convenience store, which would provide some screening for
the stacking. He said the berming had been raised to 45 feet on an average, and the landscaping
had been enhanced to provide more screening.
MR. RON GREGORY, Project Landscape Architect, explained changes made to the plan since
its approval by Planning Commission, including increased berm height from two feet to an
average of four feet, a retaining wall on the service station side of the berm, increased plant
material, more and larger trees, and enhanced paving at both entry areas.
Mayor Crites declared the public hearing closed.
Councilmember Benson questioned the lack of landscaping shown on the new plans as opposed
to the initial proposal where it appeared to go all the way around the project. She said this would
be a highly visible corner because of the college there, and she expressed concern with the design
being that of a typical service station and convenience store whereas the original design she felt
looked like more of a garden setting.
Councilman Kelly said he liked the idea of a retaining wall for the berming.
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Mayor Pro-Tem Ferguson stated that in 1997, the Zoning Ordinance Review Committee met with
the property owner at that time and created the Freeway Overlay Zone, using her land at that
corner as a model for planning. The Committee, including architects, landscape people,
representatives of the Chamber of Commerce, came up with the design displayed by staff in the
Council Chamber. He said they tried to come up with something special, unique, and part of
Palm Desert. He noted that most applicants come to the City and say they don't know what the
Council wants as far as designing the projects. He said he could not think of a better model than
what was designed three years ago, and what was included in the packets as far as this project
was such a departure from that model that he said he was surprised it was approved by the
Planning Commission even on a 2-1 vote. He added that he was always reluctant when anything
passes either the Architectural Review Commission or the Planning Commission where the
number of aye votes is less than a majority of the full Commission. He said he had met with the
project architect, looked at some of his reverse footprints in other parts of the Valley, and knew
Mr. Gregory's work well. He agreed with the letter sent by the Mayor to Mr. Urrutia
summarizing his concerns, and he said these were his concerns as well. He said the buildings
were not compact, the roofs were not joined, and he felt the footprint was awkward. He also had
a concern with the roof -mounted equipment, and he said his overall feeling was that he was very
disappointed with, given what was available going into the project, what came out of it.
Mayor Crites said he felt the original design would easily solicit his support and vote as
something that would make a beautiful entrance to the City of Palm Desert and would provide
a way for Mobil to make an excellent profit margin at a fine store. He said the design submitted
by the applicant was not one he would look at and immediately find pride in as an entrance to the
City. He added that he was willing to wait until there is something that looks better.
Councilman Kelly disagreed that the original design was best. He said there were two examples
of projects in the City where the buildings are out in front and the islands are in the back (at the
corner of Monterey and Country Club and the corner of Washington and Country Club). He said
from what he had seen around other areas of the country, he felt having the building in the back
would open the corner a lot more.
Mayor Pro-Tem Ferguson stated that he really did not like the design of the corner of Monterey
and Country Club; however, he had seen Mr. Urrutia's project at the corner of Gene Autry and
Ramon Road, and he felt it was a very classy looking filling station with nice landscaping. He
said with this particular project before the Council, he had found himself wanting to beef up the
berm and landscaping in order to hide the building. He said he was willing to trust Mr. Urrutia's
ability to do this project the right way and not do what was done at Country Club and Monterey.
He asked if Council's granting of the appeal would overturn the Planning Commission decision.
Mr. Erwin agreed.
Mayor Pro-Tem Ferguson moved to, by Minute Motion, grant the appeal. Motion was seconded by
Benson.
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Councilman Kelly asked if passage of this motion meant the project would go back to the
drawing board, and Mayor Crites agreed.
Mr. Erwin added that granting the appeal would basically deny the amendment to the project.
Councilman Kelly said he felt if the Council is going to deny a project, it should come up with
something specific as far as what it would like to see there.
Mayor Pro-Tem Ferguson asked if the applicant might wish a continuance of this hearing.
Mr. Urrutia agreed and asked if there would be an opportunity to continue this to discuss it with
his clients and come up with some alternatives.
Mayor Pro-Tem Ferguson withdrew his motion, and Councilmember Benson withdrew her second.
Mayor Pro-Tem Ferguson moved to continue this matter to the meeting of October 26, 2000. Motion
was seconded by Benson and carried by a 4-0 vote, with Councilman Spiegel ABSENT.
C. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION,
DENYING A REQUEST FOR ELECTRIC OR AMPLIFIED INSTRUMENTS IN THE
RESTAURANT PATIO AND AMENDING THE CONDITIONAL USE PERMIT (CUP) TO
PROHIBIT ALL ENTERTAINMENT/MUSIC ON THE PATIO AT 73-405 EL PASEO, SUITE
32A Case No. CUP 93-7 Amendment #2 (Kacoon's Oasis, Appellant).
Mr. Smith reviewed the staff report, noting that in 1993 the City had approved a restaurant at this
location. The Sandwich Board operated until 1995, and Kacoon's opened later in 1995. In 1996,
the Planning Commission considered and approved non -amplified entertainment on the patio.
In December of 1999, the Planning Commission considered a request to amend the Conditional
Use Permit to allow amplified equipment, and the Commission voted to deny the request.
Entertainment continued at this location from December of 1999 through June of 2000, and at
times amplified equipment was utilized, a fact verified by the Sheriff's Department. He said that
in June of 2000, the operator again requested an amendment to the Conditional Use Permit to
allow electric or amplified instruments, and the Commission denied the request. He noted that
there had been considerable public input at the Planning Commission hearings from nearby
residents and businesses within the center. Copies of letters had been included in the packet, and
he noted a letter received earlier that day from Criste, Pippin & Golds (representing Gifts from
the Heart and The Feathered Nest) outlining their concerns. He said generally the people who
spoke at the hearings and provided written information to the Commission supported tightly
restricting the patio entertainment so as not to interfere with patrons entering their businesses.
He said that at the Planning Commission hearing in August, the Commission expressed concern
that the applicant had routinely used amplified music over the last eight months, even though the
Commission had previously turned down the request. He added that a letter had also been
received from the applicant requesting that the City undertake noise studies and indicating that
it was her understanding that she was entitled to music up to 65 decibels. He said staff felt it had
been explained previously that it was the condition of the Conditional Use Permit that was at
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issue, not the volume of the music. He said at the time of the original approval of non -amplified
music in 1996, several nearby businesses expressed concern with patio entertainment impacting
their customers, and the experience of these business owners over the last four years was that
anything beyond a non -amplified guitar was considered excessive. The past use of amplified
music by the appellant was unacceptable to the nearby businesses and resulted from violations
of the existing conditions of approval. He said if the Council wished to preserve some form of
entertainment on the patio, a detailed acoustical study should be performed to determine
acceptable levels of noise volumes. He noted that in the Planning Commission action in August,
it not only turned down the request for amplified music, it also rescinded its previous action to
allow patio entertainment. He offered to answer any questions.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request.
MS. CAROL ZOLAN, owner of Sweet Sweet Williams in El Paseo Village, said her business
was adjacent to Kacoon's Oasis. She said she was a tenant in this center from 1980 through 1990
and never once had a complaint to the management offices; however, when she moved into her
location and opened on November 14,1999, there were many nights throughout the season when
Kacoon's had such loud amplified music that she could not conduct business with her customers.
She said she was approached by the bartender at Kacoon's and asked if she was the one who
called the Sheriff's Department. She noted that she had called the Sheriff's Department on four
separate occasions throughout last season from November through April when the music was
totally unacceptable; however, prior to calling the police, she said she had called the management
of El Paseo Village and complained about the volume of the amplified music. She was told it
was not their responsibility and that she should call the police. She noted that as soon as the
Sheriff's Department would leave, the music would be turned back up. She said she had been
away for four months, and when she returned on September 21 st and entered her location, she
found that Kacoon's had a 16x16x24 amplifier on the patio stoop outside of the restaurant
between her business and Gifts from the Heart. The musician and keyboard had been moved
inside the facility, but the speaker was put outside on the patio. She read into the record a letter
from Desert Tennis Boutique and summarized a letter from My Best Friend, both businesses
close to Kacoon's Oasis (attached hereto and made a part hereof as Exhibit "A"). She said she
did not have any objections to unamplified music, but she felt amplified music was inappropriate
in such a small location. She added that her business was open in the evenings, and this
restaurant's loud amplified music had been a threat to her business and livelihood.
MS. TRACY RANDALL, owner of Gifts from the Heart and The Feathered Nest, read her letter
of opposition (on file and of record in the City Clerk's Office).
With no further testimony offered, Mayor Crites declared the public hearing closed.
Mayor Crites asked whether Kacoon's Oasis had been notified of this public hearing. Mr. Smith
responded that the notice to Kacoon's indicated this would be considered at 4:00 p.m.
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Kelly moved to waive further reading and adopt Resolution No. 00-120, denying the
appeal and affirming the Planning Commission action. Motion was seconded by Benson and carried by a
4-0 vote, with Councilman Spiegel ABSENT.
XIV. ORAL COMMUNICATIONS
None
XV. ADJOURNMENT
With Council concurrence, Mayor Crites adjourned the meeting to Closed Session at 6:00 p.m. He
reconvened the meeting at 6:50 p.m. and immediately adjourned with no action announced from Closed
Session.
ATTEST:
BUF A. CRITES, MAYOR
RACHELLE D. KLASSEN, DEPUTY CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
* * * * * * * * * * * * * * * * * * * * * * * * * * SEPTEMBER 28, 2000
EXHIBIT "A"
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DESERT TENNIS
BOUTIQUE
73-405 EL PASEO 31 B & C
PALM DESERT, CA 92260
760-340-1320
27
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1 J .� //i /J', , Gc.
*
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 28, 2000
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
09/28/00
City of Palm Desert
Case No. CUP 93-7
Kacoon's Oasis
73-405 El Paseo #31
Palm Desert, CA. 92260
Phone: 760/340-4332
Fax. 760/340-3302
This is a simple matter of willfully and arrogantly disturbing
the peace. With complete disregard for adjacent residences,
businesses, and a city ruling, I listened to this amplified
noise through the summer until 10:OOP.M. at my home on Shadow
Mountain, clearly audible 12 blocks from Kacoon, while "Gia
Pet" remained and considered herself above the law.
Each season I refer as many as 30 people per day to nearby
restaurants, so there must be hundreds of such referrals just
from shops within our complex. However, since the unwarrented
static Kacoon has created NONE have been to that "oasis". It
is counter productive to nearsightedly think music will bring
fleeting business when 20X that has been lost in immediate,
permanent referrals to a captive audience just steps away.
Gia, El Paseo Village Management, and The City of Palm Desert
have forced neighbors of Kacoon who would have preferred to be
helpful and friendly into a required conspiracy. In this case
it takes on the better of two "Websters" meanings - "an
agreement to be in harmony". The other has been in her
increasingly isolated ballpark - "to plan an unlawful act". A
great deal of perpetuated animosity has developed before and
after these 9 months of indefinate Council meetings, generated
further by Kacoon toward those of us in objection. Anxieties
created for so many, particularly regarding Kacoon's failure
to comply while the Council remains indecisive or powerless to
end this one way or the other, is inexcuseable.
One restaurant with live, outdoor music per block is enough in
this area, C.C.'s already offers that without objection,
focusing on suitability rather than a brash, impetuous desire
to be heard from Cathedral City to Indio. El Paseo is a quiet,
retiring boulevard established for a clientele with that in
mind. Fr e thinking people have every opportunity to vent their
indepen ce in dozens of unique, Bohemian cities where street
music, nd loud, would be better appreciated.
B.W. Tassler, owner
ilia:U-ems Dedtg.celc Too & recedueteotegel,
28