HomeMy WebLinkAbout2001-02-08MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 8, 2001
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I. CALL TO ORDER
Mayor Ferguson convened the meeting at 4:03 p.m.
II. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel
III. INVOCATION - Mayor Jim Ferguson
IV. ROLL CALL
Present:
Councilman Buford A. Crites arrived at 4:27 p.m.
Mayor Pro-Tempore Richard S. Kelly
— Councilman Robert A. Spiegel
Mayor Jim Ferguson
Excused Absence:
Councilmember Jean M. Benson
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, Asst. City Manager for Community Services/City Clerk
Homer Croy, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Joseph S. Gaugush, Director of Public Works/City Engineer
Rachelle D. Klassen, Deputy City Clerk
V. ORAL COMMUNICATIONS - A
MS. PAULA PADELFORD, 44-112 Acacia Drive, Palm Desert, representing the Alzheimer's
Association of the Coachella Valley, addressed the Council to express hers and her organization's
appreciation for all the City's support of their Memory Walk 2001. She said it was a fabulous event, they
were privileged to have hosted it in the beautiful Civic Center Park, and she was especially appreciative
of the hard work done on their behalf by Pat Scully. She closed by stating the Alzheimer's Association's
motto was, "Someone to stand by you," and she thanked the City Council for standing by them.
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VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 25, 2001, and the Adjourned Joint City
Council and Redevelopment Agency Meeting of January 25, 2001.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 66, 67, 68, 69,
and 68PD Office Complex.
Rec: Approve as presented.
C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Gerald A. Flowers and Holly L.
Flowers for Holly's Diner, 77-682 Country Club Drive, #L, Palm Desert.
Rec: Receive and file.
D. CITY' S PORTFOLIO MANAGEMENT SUMMARY for the Month Ending December 31, 2000.
Rec: Receive and file.
E. MINUTES of City Committee and Commission Meetings.
1. Art In Public Places Commission Meeting of December 20, 2000.
2. Citizens' Advisory Committee for Project Area No. 4 Meeting of November 20, 2000.
3. Investment & Finance Committee Meeting of December 27, 2000.
4. Public Safety Commission Meeting of December 20, 2000.
Rec: Receive and file.
F. RESOLUTION NO. 01-12 - A Resolution of the City Council of the City of Palm Desert,
California, Setting Forth its Findings and Authorizing the Destruction ofFiles from the Department
of Building and Safety that Have Been Microfilmed (December 2000).
Rec: Waive further reading and adopt.
G. REOUEST FOR RATIFICATION of El Paseo Business Improvement District Advertising
Contract (Contract No. C 17990).
Removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda.
Please see that portion of the Minutes for Council discussion and action.
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H. REQUEST FOR AWARD OF CONTRACT, for 2001 Citywide Tree Trimming (Contract
No. C183301.
Rec: By Minute Motion, award the subject contract to United Pacific Services, La Habra,
California, in the amount of $38,931 and authorize a ten percent (10%) contingency in
the amount of $3,893.10 — project totaling $42,824.10.
I. REQUEST FOR ACCEPTANCE OF WORK, for Contract No. C17560 — 2000 Drywell/Inlet
Program (Project No. 500-00) (McGuckin Drilling, Inc., Phoenix, AZ).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a
Notice of Completion for the subject project.
J. REQUEST FOR ACCEPTANCE OF WORK. for Contract No. C18150 — Perimeter Retaining
Wall and Sidewalk Along Country Club Drive from El Dorado to Desert Falls Country Club
(Project No. 689-00) (Anthony Marmolejo Construction Company, Inc., Banning, 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.
K. REQUEST FOR APPROVAL of Final Tract Map No. 29469 (Baxley Properties, Applicant),
Rec: Waive further reading and adopt Resolution No. 01-13, approving the final subdivision
map of Tract No. 29469 and the agreement relating thereto.
L. REQUEST FOR APPROVAL, ofFinal Parcel Map No. 29782 (Homme Construction, Applicant).
Rec: Waive further reading and adopt Resolution No. 01-14, approving Parcel Map
No. 29782.
M. REQUEST FOR APPROVAL of Out -of -State Travel — California Land Surveyors
Association/Nevada Association of Land Surveyors Conference.
Rec: By Minute Motion, approve subject request for the Senior Engineer to attend
Conference to be held in Las Vegas, Nevada, March 17-21, 2001 — funds are available
in Account No. 110-4300-413-3120.
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N. REQUEST FOR APPROVAL of Disadvantaged Business Enterprise Program.
Rec: Waive further reading and adopt Resolution No. 01-15, adopting an overall annual
Disadvantaged Business Enterprise Goal for FY 2000/01 for Department of
Transportation assisted contracts.
Mayor Ferguson requested that Item G be removed for separate consideration under Section VII,
Consent Items Held Over.
Upon motion by Kelly, second by Spiegel, and 3-0 vote of the City Council, with Councilmember Benson
and Councilman Crites ABSENT, the remainder of Consent Calendar was approved as presented.
VII. CONSENT ITEMS HELD OVER
G. REQUEST FOR RATIFICATION of El Paseo Business Improvement District Advertising
Contract (Contract No. C179901.
Mayor Ferguson said he requested the subject matter be discussed separately, as he didn't feel
enough information had been provided regarding what other bids were received, and he was,
therefore, unprepared to take an action on the contract at this time. He suggested the report be
formatted similar to Public Works Department contract award requests, listing each bidder and
respective amount in a manner that made it easy to distinguish.
Mayor Pro-Tempore Kelly moved to, by Minute Motion, continue the item to the City Council Meeting
of February 22, 2001. Motion was seconded by Councilman Spiegel and carried by a 3-0 vote, with
Councilmember Benson and Councilman Crites ABSENT.
With City Council concurrence, Mayor Ferguson suspended the agenda at this point in order to
take up Item XIV - Awards, Presentations, and Appointments. Please see that portion of the
Minutes for discussion and action.
VIII. RESOLUTIONS
A. RESOLUTION NO. 01-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, GENERAL PLAN AMENDMENT, AND CHANGE OF ZONE
FROM LOW -DENSITY RESIDENTIAL (R-1) TO DISTRICT COMMERCIAL, AND A
PRECISE PLAN OF DESIGN FOR A MIXED USE COMMERCIAL COMPLEX LOCATED
ON 12 ACRES AT THE SOUTHWEST CORNER OF COOK STREET AND SHERYL
AVENUE Case Nos. GPA 00-06. C/Z 00-09. and PP 00-21 (Richard Hughes, Applicant).
Councilman Kelly moved to waive further reading and adopt Resolution No. 01-16. Motion was
seconded by Spiegel and carried by a 3-0 vote, with Councilmembers Benson and Crites ABSENT.
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B. RESOLUTION NO. 01-17, - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 00-52 AND UPDATING
THE CITY OF PALM DESERT PARKS AND RECREATION COMMISSION BYLAWS.
Mr. Winklepleck reviewed the staff report and offered to answer any questions.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 01-17. Motion was
seconded by Kelly and carried by a 3-0 vote, with Councilmembers Benson and Crites ABSENT.
IX. ORDINANCES
For Introduction:
None
For Adoption:
None
X. NEW BUSINESS
A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW
COMMISSION INVOLVING THE SIGN PROGRAM AT MORNINGSTAR PLAZA, 73-733
FRED WARING DRIVE Case No. SA 00-130 (Suresh Shah, Appellant).
Mr. Drell stated that the applicant had requested a two -week continuance of this matter.
Councilman Spiegel moved to continue this matter to the meeting of February 22, 2001. Motion was
seconded by Kelly and carried by a 2-0-1 vote, with Mayor Ferguson ABSTAINING and
Councilmembers Benson and Crites ABSENT.
Mayor Ferguson stated that he abstained because he had adverse litigation with Dr. Shah.
B. REOUEST FOR APPROVAL OF MARKETING LOGO.
Public Relations Coordinator Kristy Kneiding reviewed the staff report dated January 30, 2001,
noting that staff had been working with the Promotion Committee to redesign the City's marketing
logo. She showed the proposed logo and offered to answer any questions. She added that it
would not replace the City Seal.
Councilman Spiegel moved to, by Minute Motion, approve of the design and use of the new marketing
logo. Motion was seconded by Kelly and carried by a 3-0 vote, with Councilmembers Benson and
Crites ABSENT.
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C. REOUEST FOR APPROVAL OF PORTOLA AVENUE IMPROVEMENTS.
Project Administrator Lauri Aylaian reviewed the staff report dated February 8, 2001, and offered
to answer any questions.
Councilman Spiegel said he felt there might be a time in the future when the City would want to
have six lanes on Portola Avenue, and Portola Avenue would connect with Interstate 10. Because
of that, it was difficult for him to say only four lanes would be needed on Portola Avenue.
Ms. Aylaian responded that this would address the area that right now has the lowest level of
service and has only two lanes. She said part of the recommendation was for staff to continue
studying other areas along Portola Avenue.
Councilman Kelly moved to: 1) Based upon the Palm Desert Traffic Model prepared by RKJK in June
2000, by Minute Motion, find that: a) There is insufficient traffic volume to warrant widening Portola Avenue
north of Highway 111 to accommodate six lanes of vehicular traffic in the near future; b) the section ofPortola
Avenue between Alessandro Drive and El Cortez Way should be widened to four lanes in order to
accommodate current traffic volumes; 2) In light of the foregoing, by Minute Motion, withdraw the proposed
General Plan Amendment, GPA 99-2, which would have modified the land use designation from Medium
Density Residential to Office Professional; 3) With regard to the proposal to widen Portola Avenue from two
to four lanes between Alessandro Drive and El Cortez Way, by Minute Motion: a) Accept and file the attached
Portola Avenue Widening Feasibility Study by The Keith Companies dated December 4, 2000; b) authorize
staff to commence consultant selection procedures for engineering design (Contract No. C 18500); c) approve
the preliminary budget and preliminary schedule for the subject work — funding for the described scope ofwork
was appropriated in the FY 1999/2000 and 2000/2001 Capital Improvements Program Budgets.
Mayor Ferguson noted that a member of the audience wished to address this matter.
MR. DOUGLAS FISHER, 74-053 San Marino Circle, requested clarification of the site plan he
received from the City. He said it indicated a wall at DeAnza, and he asked if there were plans for
wall construction anywhere else on Portola in the area of the proposed widening. He also
expressed concern with plans for continued ingress on San Marino Circle on the south end. He
said there is currently a wooden blockade which he felt was rather unsightly, and he suggested
closing off all ingress and egress or at least determining what plans there are for improving access
for that blockade.
Ms. Aylaian stated that the block wall did not show up on the feasibility analysis, but typically when
road construction is done, block walls are provided alongside.
Engineering Manager Mark Greenwood stated that with regard to the San Marino Circle issue,
there is currently a barricade at the southerly half of the circle which prevents traffic from exiting
San Marino onto Portola Avenue. He noted that the plan for Portola would be to build a median
from Highway 111 to Fred Waring Drive; that meant the timber barricade would no longer be
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needed because the median would prohibit any traffic from turning left. onto San Marino Circle.
He added that he felt the neighborhood still needed access at that location, and people would still
be able to turn right onto San Marino; if it is determined that that access is not needed, it could be
closed off at a later date.
Mayor Ferguson stated it was his understanding that residents in that neighborhood would be
notified and public hearings would be held if the City were to consider the installation of new
barricades, removal of old ones, or making more permanent the existing barricades.
Mr. Greenwood agreed and said meetings would be held with the residents before any such
changes.
Councilman Spiegel seconded the motion, and it carried by a 3-0 vote, with Councilmembers Benson and
Crites ABSENT.
NOTE: Councilman Crites arrived at 4:27 p.m.
XI. CONTINUED BUSINESS
A. CONSIDERATION OF SPEED HUMPS ON RESIDENTIAL STREETS (Continued from the
meetings of December 14, 2000, and January 25, 2001).
Mr. Ortega noted the report in the packets and said this matter had been continued until the Project
Area #4 Committee could look into the issue. He said the Committee agreed with staff's
recommendation, and he offered to answer any questions.
Councilman Kelly moved to, by Minute Motion, concur with the recommendations of the Public Safety
Commission and Citizens' Advisory Committee for Project Area No. 4 that an advisory committee not be
formed, and the issue of speed humps on residential streets be tabled. Motion was seconded by Spiegel and
carried by a 4-0 vote, with Councilmember Benson ABSENT.
B. MINUTES OF THE REGULAR MEETING OF THE PALM DESERT CITY COUNCIL OF
DECEMBER 14, 2000, AND THE ADJOURNED JOINT MEETING OF THE CITY COUNCIL
AND REDEVELOPMENT AGENCY OF DECEMBER 29, 2000 (Continued from the meeting
of January 11, 2001).
Councilman Spiegel moved to approve the Minutes as presented. Motion was seconded by Kelly and
carried by a 4-0 vote, with Councilmember Benson ABSENT.
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XII. OLD BUSINESS
A. REOUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT FOR THE FRED
WARING DRIVE BRIDGE OVER THE PALM VALLEY CHANNEL AND STREET
IMPROVEMENTS BETWEEN HIGHWAY 111 AND TOWN CENTER WAY (CONTRACT
NO. C17270. PROJECT NO. 651-99).
Mr. Ortega noted the staff report in the packets and stated that staff was available to answer any
questions.
Councilman Kelly moved to, by Minute Motion, approve Change Order No. 2 in the amount of $91,238
to the subject contract with ASL Consulting Engineers (Tetra Tech), Palm Desert, California, for additional
engineering design, construction staking, and construction support services — funds are available in Account
No. 213-4384-433-4001. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilmember
Benson ABSENT.
B. REOUEST FOR APPROVAL OF DESERT WILLOW BUS SHELTER.
Mr. Ortega noted the staff report in the packets and offered to answer any questions.
Councilman Crites moved to, by Minute Motion: 1) Approve an agreement with Ferromobius,
San Luis Obispo, California, for Design/Build Services for the subject project (Contract No. C16780-A),
contingent upon the City Attorney's satisfaction with the agreement with Ferromobius; 2) appropriate funds
for same in the amount of $58,965.34 and authorize a ten percent (10%) contingency in the amount of
$5,896.54 — project totaling $64,861.88 from Account No. 400-4663-454-4001. Motion was seconded by
Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT.
Councilman Crites moved to add the following two items to the Agenda for consideration. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Councilmember Benson ABSENT.
C. APPOINTMENT TO THE SISTER CITIES SUBCOMMITTEE.
Councilman Crites moved to, by Minute Motion, appoint Mark Talboys to the Sister Cities Subcommittee
of the Civic Arts Committee to fulfill the unexpired term of Arlette Poland. Motion was seconded by Spiegel
and carried by a 4-0 vote, with Councilmember Benson ABSENT.
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D. APPOINTMENT OF NEW PRESIDENT OF THE PALM DESERT RECREATIONAL
FACILITIES CORPORATION (PDRFC).
Finance Director Paul Gibson noted that he had interviewed the recommended candidates who had
indicated a willingness to serve.
Councilman Spiegel moved to, by Minute Motion, appoint Mr. Russsell Campbell as President of the
Palm Desert Recreational Facilities Corporation (PDRFC). Motion was seconded by Kelly and carried by a
4-0 vote, with Councilmember Benson ABSENT.
XIII. COMPLETION OF HELD OVER ITEMS
None
XIV. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY QUEEN SCHEHERAZADE
AND HER COURT AS AMBASSADORS OF THE RIVERSIDE COUNTY FAIR AND
NATIONAL DATE FESTIVAL.
— Queen Scheherazade, Lynn Schneider; Princess Dunnizade, Shelby Morway; and Princess Jasmine,
Marlene Saavedra, addressed the City Council regarding their backgrounds as active high school
students at La Quinta, Palm Desert, and Indio High Schools and invited the Council and residents
to enjoy the Riverside County Fair and National Date Festival February 16-25, 2001, at the
Fairgrounds in Indio.
B. PRESENTATION TO PAUL BEATY IN RECOGNITION OF HIS SERVICE TO THE CITY
OF PALM DESERT AND ITS PLANNING COMMISSION.
On behalf of the City Council, Mayor Ferguson presented an engraved, crystal clock to Mr. Beaty
to thank him for his time as a Planning Commissioner. Mayor Ferguson noted that Mr. Beaty had
served in that capacity with him on the Planning Commission, and the City was very appreciative
of his service there.
Mr. Beaty said he hoped he had served the citizens well.
C. PRESENTATION TO LYN MANOR AND DAVE TSCHOPP IN RECOGNITION OF THEIR
SERVICE TO THE CITY OF PALM DESERT AND ITS PUBLIC SAFETY COMMISSION.
On behalf of the City Council, Mayor Ferguson presented an engraved, crystal clock to Mr. Manor
and expressed the City's deep appreciation for his service as a Public Safety Commissioner.
Mayor Ferguson noted that Mr. Tschopp was unable to attend this afternoon.
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D. PRESENTATION TO DR. DAVID BRODY IN RECOGNITION OF HIS SERVICE TO THE
CITY OF PALM DESERT AS ITS REPRESENTATIVE TO THE BOARD OF DIRECTORS
OF THE JOSLYN SENIOR CENTER.
Citing the Joslyn Senior Center as one of the City's most precious assets, Mayor Ferguson, on
behalf of the City Council, presented Dr. Brody with an engraved, crystal clock in commemoration
of his service there as the City's representative to the Board of Directors.
Dr. Brody said it had been his pleasure to serve the City in this capacity, and he was very excited
by the many wonderful activities and services offered to residents by the Center. He only wished
he'd been able to serve longer; however, professional commitments prevented him from giving it
his full attention at this time.
PRESENTATION TO CARL WEHRLI IN RECOGNITION OF HIS SERVICE TO THE CITY
OF PALM DESERT AND ITS EL PASEO BUSINESS ASSOCIATION BOARD OF
DIRECTORS.
Mayor Ferguson said another one of the City's greatest assets was El Paseo, and on behalf of the
City Council, he presented an engraved, crystal, "Thanks For Your Time" clock to Mr. Wehrli for
his service to the Association's Board of Directors.
F. PRESENTATION OF THE 2000 GOVERNOR'S ENVIRONMENTAL AND
ECONOMIC LEADERSHIP AWARDS TO THE CITY OF PALM DESERT FOR
OUTSTANDING CONTRIBUTIONS IN THE AREA OF
ENVIRONMENTAL MANAGEMENT.
Mayor Ferguson presented the award to Councilman Crites due to his extensive involvement in
environmental issues that warranted the subject honor being bestowed upon the City.
G. APPOINTMENT OF MEMBERS TO THE GENERAL PLAN ADVISORY COMMITTEE.
Councilman Spiegel moved to, by Minute Motion, appoint Mr. Bob Waller, Manager of the Westfield
Shoppingtown Palm Desert, for the Retail/Commercial Element of the General Plan Advisory Committee.
Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT.
Councilman Crites moved to, by Minute Motion, appoint Mr. Kurt Leuschner, College of the Desert
Instructor, for the Quality of Life (Environment) element of the subject committee. Motion was seconded by
Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT.
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XV. PUBLIC HEARINGS
A. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE,
CHAPTER 25.58, ET AL., RELATIVE TO OFF-STREET PARKING AND
LOADING/LANDSCAPING OF PARKING LOTS Case No. ZOA 00-10 (City of Palm Desert,
Applicant) (Continued from the meeting ofJanuary 11, 2001).
Mr. Steve Smith stated that at its meeting ofJanuary 11, 2001, Council continued this matter and
directed staff to include in the ordinance a section dealing with carports. He reviewed the staff
report, noting that the revision would allow part of a shade tree requirement to be met with the
installation of carports, which would need to be approved by Architectural Review Commission
prior to installation. He added that this would not preclude the necessity for perimeter landscaping.
The architecture would need to be integrated with the project architecture, and each covered space
would be considered the equivalent of the planting of one required tree. He said Zoning Ordinance
Review Committee had reviewed this matter and concurred with the revision.
Upon question by Mayor Pro-Tem Kelly, Mr. Smith responded that every space would have a
width of at least nine feet. Mayor Pro-Tem Kelly said he felt nine feet was a bit tight for the
spaces. As far as width between aisles of 13 feet for angled spaces, he felt this was also too tight.
Councilman Spiegel stated that Westfield Shoppingtown would be redoing its parking facility, and
he asked whether these new standards would apply to that project as well.
Mr. Drell said the language in the approval of that project was such that Westfield Shoppingtown
would comply with the City's ordinances. He said the intent of the revision was not to reduce the
number of spaces in the parking area, and increasing the width to ten feet would result in a 10%
decrease in the number of spaces. He noted that all of the spaces in Presidents Plaza were nine feet
wide; as far as aisle widths, he said most were two-way aisles and were, therefore 24 feet wide.
Mayor Ferguson stated that he would like to have additional time to further study the issue of space
width.
Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request. No testimony was offered.
Councilman Crites moved to continue this hearing to the meeting of March 8, 2001. Motion was
seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT.
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B. HEARING ON PROPOSED RESOLUTIONS OFNECESSITY, DECLARING CERTAIN REAL
PROPERTY NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE FRED WARING DRIVE
IMPROVEMENTS PROJECT.
Project Administrator Lauri Aylaian reviewed the staff report, noting that Resolution Nos. 01-22
and 01-23 should be removed from the Agenda because successful negotiations had been reached
with those property owners, and the properties were currently in escrow. She said the remaining
four resolutions of necessity were required to be considered separately. She said there were four
findings that staff was asking for each of the four resolutions:
1) That the public interest and necessity require the proposed project. She referred to the needs
analysis performed by the Public Works Department in October of 1999 and to the Coachella
Valley Area Transportation Study originally written in 1988 and updated periodically. She said
they identified the widening of Fred Waring Drive as an important part of accommodating traffic
in the east -west direction across the Coachella Valley.
2) That the proposed project is planned or located in the manner that will be compatible with the
greatest public good and the least private injury. She said while preparing the environmental
studies, staff analyzed different alternatives for accommodating traffic from one direction to the
other. Staff was unable to identify any alternatives which would impact fewer private properties
than this.
3) That the properties are necessary for the project. She referred to an exhibit which identified
each of the four properties being considered at this time. She stated that the project could not be
constructed without the acquisition of these four properties.
4) That the offer required by the Government Code has been made. She noted that the properties
were appraised in February 2000, and offers were made and just compensation set in March of
2000. She stated that the appraisals were updated in November 2000 because of the changes in
the market; based on those updated appraisals, just compensation was set and new offers made in
December. She said staff would continue to negotiate with the property owners.
Mr. Ortega noted that property owners had been notified of this public hearing.
Mayor Ferguson noted that a resolution of necessity was a procedural hurtle which must be
undertaken and in no way affects the City's ability to negotiate separately a just compensation
resolution with the property owner. He added that it begins the eminent domain process, which
is rather lengthy.
Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or OPPOSED to
this request.
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MR. RON PRECHTL, owner of 73-640 Fred Waring Drive, said he acquired the property in
January of 1995 for just over $100,000. He said his appeal was not to the eminent process itself.
His concern was that to date, the offer from the City had not exceeded $94,000. He said he could
not find a duplex anywhere in Palm Desert for $94,000 to replace what he currently has. He noted
he had an independent appraisal done in January, and it came in at $130,000 at the low end. He
said he would accept the $94,000 offered if he was able to replace what he currently has for that
amount. He added that the only comparable listings he had found were between $151,000 and
$159,000.
Mayor Ferguson stated that issue would have to be a separate deliberation for the Council in
Closed Session.
MS. JUNE PEEVER, 74-123 Aster Drive, questioned the traffic flow on Fred Waring Drive once
it is widened. She said she had spoken with the Planning Commission which indicated there would
be no traffic signal at Primrose. When she asked how people would be able to turn left out of the
development, she was told she would probably be able to make a u-turn at Portola. She suggested
that the Council consider either installing a traffic signal at Primrose or installing one at Desert Star
and operating it in conjunction with the one at Rutledge.
With no further testimony offered, Mayor Ferguson declared the public hearing closed.
Councilman Crites moved to waive further reading and adopt Resolution No. 01-18 for 73-760 Fred
Waring Drive (Property Owners: Joseph William Tatchell and Marta Lidia Tatchell as Trustees for the Tatchell
Family 1999 Trust). Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilmember Benson
AB SENT.
Councilman Crites moved to waive further reading and adopt Resolution No. 01-19 for 73-810 Fred
Waring Drive ( Property Owners: Michael O. Hendricks, Sr. and Robin L. Hendricks). Motion was seconded
by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT.
Councilman Crites moved to waive further reading and adopt Resolution No. 01-20 for 73-816 Fred
Waring Drive (Property Owners: Michael O. Hendricks, Sr. and Robin L. Hendricks). Motion was seconded
by Spiegel and carried by a 4-0 vote, with Councilmember Benson ABSENT.
Councilman Crites moved to waive further reading and adopt Resolution No. 01-21 for 73-840 Fred
Waring Drive (Property Owners: Russell J. and Barbara Prechtl and Ronald M. and Kathleen M. Prechtl).
Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilmember Benson ABSENT.
Note: Resolution Nos. 01-22 and 01-23 withdrawn from consideration; successful negotiations had been
completed prior to this meeting, and the properties were in escrow.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2001
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XVI. 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
None
C. CITY ATTORNEY
1) Request for Closed Session:
Mr. Erwin requested a Closed Session at an appropriate time for the items listed on the
Agenda.
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 625-062-001
44-536 Portola Avenue
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Jerome M. Beauvais
Under Negotiation: x Price x Terms of Payment
2) Property: APN 625-062-015/016
44-630 Portola Avenue
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Richard, Doris, Louise Krause
Under Negotiation: x Price x Terms of Payment
3) Property: APN 625-064-001
74-013 De Anza Way
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Brenda Barker
Under Negotiation: x Price x Terms of Payment
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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2001
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4) Property: APN 625-064-007
74-016 San Marino Circle
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Norma J. Romine
Under Negotiation: x Price x Terms of Payment
5) Property: APN 625-081-001
74-011 San Marino Circle
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Ben and Margaret Montoya
Under Negotiation: x Price x Terms of Payment
6) Property: APN 625-081-004
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Benjamin and Arthur Montoya
Under Negotiation: x Price x Terms of Payment
7) Property: Potential Lease Site -
74-735 Hovley Lane East, Palm Desert, CA
Negotiating Parties:
Agency: Phil Drell/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Sprint PCS
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding significant exposure to litigation pursuant to
Government Code Section 54956.9(b):
Number of potential cases: 2
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 8, 2001
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Mr. Erwin asked that Council consider adding the following items to the Closed Session as well:
Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1) Property: APN 626-140-043
(Portion of the NE corner of Country Club Drive and
Tamarisk Row Drive)
Negotiating Parties:
Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert
Property Owner: ABD Palm Desert, LLC (American Beauty Development)
Under Negotiation: x Price x Terms of Payment
2) Property: APNs 630-190-057/058/059
(SE corner of Alamo and Bel Air)
Negotiating Parties:
Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert
Property Owner: Living Desert Reserve, Inc./Barbara Polland
Under Negotiation: x Price x Terms of Payment
3) Property: APNs 627-101-002/017/033/038/039
(SE corner of Fred Waring Drive and San Pablo Avenue)
Negotiating Parties:
Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert
Property Owner: Herbert Boeckmann
Under Negotiation: x Price x Terms of Payment
4) Property: APNs 653-390-031/032/033/034;
653-400-030/031 /032/033/034
(North side of Frank Sinatra Drive between Portola Avenue and
Cook Street)
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: American Realty Trust
Under Negotiation: x Price x Terms of Payment
Councilman Crites moved to add the above four items to the Closed Session Agenda. Motion was
seconded by Spiegel and carried by a 4-0 vote, with Councilmember Benson ABSENT.
2) Report and Action on Items from Closed Session Made at This Meeting.
None
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D. CITY CLERK
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Councilman Spiegel noted the tour ofHousing Authority properties taken yesterday
and the relation to maintenance issues that were identified during a similar tour
conducted in August 2000; several ofthose issues remained unresolved. Therefore,
he asked his colleagues to add an item to this meeting's agenda for approval of an
agreement for providing maintenance/repair contractual services for Housing
Authority Properties.
MR. LEO SULLIVAN, Vice Chairman of the Housing Commission, spoke to the
issue as well, encouraging the Council to take such an action for the benefit of
present and future Housing Authority residents.
Mayor Pro-Tem Kelly moved to add this item to the Agenda. Motion was seconded by Crites and carried
by a 4-0 vote, with Councilmember Benson ABSENT.
Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Authorize staff to advertise for and hire, on a
contract basis, an individual who will provide services to the Housing Division to work exclusively on the
Housing Authority properties — this individual will work with the on -site management, RPM Company, on all
ongoing deferred maintenance, repairs, and daily maintenance of each of the seven Housing Authority
properties — anticipated cost for the remaining portion of FY 2000/01 is $30,000-40,000 (Contract No.
C 18490); 2) appropriate $40,000 from the Unobligated Housing Fund balance to Account
No. 870-4195-466-3090. Motion was seconded by Councilman Crites and carried by 4-0 vote, with
Councilmember Benson ABSENT.
2. Councilman Crites requested staffinvestigate acquisition ofappropriate technology
or equipment that would better facilitate conference calls with several persons and
a speaker phone.
Council concurred.
3. Councilman Crites asked staff to review reservation fees for Civic Center Park use,
including where the current $100 fee was applied. He asked that such
consideration be part of the review and update that was underway for the contract
with Coachella Valley Recreation & Park District.
Council concurred.
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4. Mayor Ferguson reported that he learned that the proposed Toscana Project
(between Hovley Lane and Fred Waring Drive in Indian Wells) would be before the
Indian Wells City Council on March 1, 2001. Since the project would have
significant traffic impacts on Palm Desert, which bounded it on three sides, he
asked that Engineering Manager Mark Greenwood be assigned to provide such an
analysis that would enable the City to prepare a response, in the form of a request
to Indian Wells that it look at some of the issues. He said one of the most
significant issues was the fact that the project would have no direct north -south
access between Hovley and Fred Waring, which meant Palm Desert would
permanently have no regional direct link anywhere between Washington and Cook
Streets. He felt those severe regional impacts may need to be addressed by CVAG
as well.
Council concurred.
5. Mayor Ferguson asked that two items he'd brought up at the December 14, 2000,
meeting be included on the February 22, 2001, agenda:
• Broadened smoking restriction at entrances to public buildings
• Temporary parking and a winter trail map at the Homme park
Mr. Erwin commented that the smoking ordinance was completed and would be on
the next agenda.
o City Council Committee Reports:
1. Councilman Crites reported from today's CVAG Energy & Environment
Committee meeting where a presentation on current local energy issues was made
by Kay Hazen. Ms. Hazen had been retained by CVAG to provide such an analysis.
With City Council concurrence, it was requested that a similar presentation be made at an upcoming City
Council Meeting in the very near future. It was further agreed that if there were expenses involved with
requesting the presentation by Ms. Hazen for the Palm Desert City Council, the City Manager was
authorized to make such reimbursement for same.
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XVII. ADJOURNMENT
Upon motion by Councilman Spiegel, second by Councilman Crites, and 4-0 vote of the City Council,
with CouncilmemberBenson ABSENT, MayorFerguson adjourned the meeting to Closed Session at 5:29 p.m.
He reconvened the meeting at 6:16 p.m. and immediately adjourned with no action announced from
Closed Session.
ATTEST:
1 SHEILA R. GILLI 'AN, CI CLERK
CITY OF PALM DESERT C IFORNIA
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