HomeMy WebLinkAbout2001-05-24MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, MAY 24, 2001
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER
Mayor Ferguson convened the meeting at 4:01 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Councilman Buford A. Crites - arrived at 4:30 p.m.
Mayor Pro-Tempore Richard S. Kelly
Councilman Robert S. Spiegel
Mayor Jim Ferguson
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
Richard J. Folkers, Asst. City Manager for Development Services
Homer Croy, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Teresa La Rocca, Director of Housing
David Yrigoyen, Director of Redevelopment
Michael Errante, Engineering Manager
Rachelle D. Klassen, Deputy City Clerk
III. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO MICHAEL WIENER.
On behalf of the entire City Council, Mayor Ferguson and Councilmember
Benson presented Mr. Wiener with a City flag as he had requested at the
last City Council meeting.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
B. PRESENTATION OF PROCLAMATION DECLARING MAY 20-26, 2001,
NATIONAL EMERGENCY MEDICAL SERVICES WEEK.
Mayor Ferguson presented the proclamation to Battalion Chief
John McLaughlin and members of the Paramedic Team on behalf of the City
Council.
IV. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of May 10, 2001.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 95, 96, 97, 98, 99, 100, 98PD Office Complex, and 100PD Office
Complex.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#449) by Susan Maki in the Amount of
$227.92.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D. MINUTES of City Committees and Commissions.
1. Golf Course Committee Meeting of April 10, 2001.
2. Housing Commission Meeting of April 11, 2001.
3. Outside Agency Funding Committee Meeting of December 13, 2000.
4. Promotion Committee Meeting of April 17, 2001.
5. Public Safety Commission Meeting of April 11, 2001.
6. Technology Committee Meeting of April 3, 2001.
Rec: Receive and file.
E. RESOLUTION NO. 01-62 - A Resolution of the City Council of the City of
Palm Desert, California, Setting Forth its Findings and Authorizing the
Destruction of Files from the Department of Building & Safety that Have
Been Microfilmed (April 2001).
Rec: Waive further reading and adopt.
2
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
F. REQUEST FOR APPROVAL of Window Tinting at the Parkview
Office Complex.
Removed for separate discussion under Section V, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
G. PRESENTATION of Report on Surface Transportation Improvement Plan
Discretionary Projects.
Removed for separate discussion under Section V, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
H. REQUEST FOR AUTHORIZATION to Reject Bid and Re -advertise and Call
for Bids for the Peace Memorial Landscape Renovations at the Civic Center
Park (Contract No. C18250, Project No. 605-01).
Removed for separate discussion under Section V, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
I. REQUEST FOR AWARD OF CONTRACT for Citywide Palm Tree Trimming
(Contract No. C18820, Project No. 587-01).
Rec: By Minute Motion, award the subject contract to Leonard Chaidez,
Inc., Anaheim, California, in the amount of $28,470 and authorize the
Mayor to execute same.
J. REQUEST FOR AWARD OF CONTRACT for Landscape and Irrigation
Design — Hovley Lane Medians from Portola Avenue to Cook Street
(Contract No. C18980, Project No. 589-98).
Rec: By Minute Motion, award the subject contract to David Evans and
Associates, Inc., Ontario, California, in the amount of $18,870,
authorize a ten percent (10%) contingency in the amount of $1,887,
and authorize the Mayor to execute said contract.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
K. REQUEST FOR APPROVAL of Change Order No. 2 to Contract
No. C15390 — Engineering Design of the Widening of Gerald Ford Drive
from Portola Avenue to Cook Street (Project No. 677-99).
Rec: By Minute Motion: 1) Approve Change Order No. 2 in the amount of
$6,000 to the subject contract with The Keith Companies,
Palm Desert, California, for potholing services; 2) transfer $740 from
contract contingency to base and authorize expenditure of $5,260
from Project Account No. 213-4393-433-4001.
L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C17660 — Consolidated Landscape Maintenance Area No. 1.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$295 for the month of June 2001 to the subject contract with Garza
Landscaping, Indio, California, adding maintenance of the four
median islands on Cook Street from Hovley Lane East to Merle Drive.
M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C17810 — Preparation of an Environmental Impact Report (EIR) for the
Magnesia Falls Drive Widening and Bridge (Project No. 648-99).
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$3,222.86 to the subject contract with Terra Nova Planning and
Research, Palm Springs, California, for additional work needed to
complete the EIR.
N. REQUEST FOR AUTHORIZATION to Reclassify Traffic Signal Construction
Funding.
Rec: By Minute Motion, authorize reclassification of Traffic Signal
Construction Funding from the Traffic Signal Fund (No. 234) and
Construction Tax Fund (No. 231) to Measure "A" Fund (No. 213),
upon receipt of approval from the Riverside County Transportation
Commission.
O. PRESENTATION of Preliminary Review by the California Integrated Waste
Management Board of Palm Desert's 1999 Annual Diversion Report.
Removed for separate discussion under Section V, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
P. REQUEST FOR APPROVAL of Beverage Recycling and Litter Reduction
Grant Application.
Rec: 1) Waive further reading and adopt Resolution No. 01-63,
authorizing Beverage Recycling and Litter Reduction Grant
Applications to the California Department of Conservation's
Division of Recycling.
2) By Minute Motion, authorize the Assistant City Manager for
Community Services to sign and submit the application for the
California Department of Conservation's Division of Recycling
City/County Funding Request for FY 2000/01 on behalf of the
City of Palm Desert.
3) By Minute Motion, authorize expenditure of funds in the
amount of $10,824 towards College of the Desert's Beverage
Recycling Program.
Q. CONSIDERATION of Promotion Committee Recommendation for Redesign
of the City's Website.
Rec: By Minute Motion, concur with the Promotion Committee
recommendation to enter into an agreement with Sitewire
Marketspace Solutions, LLC, Tempe, Arizona, for implementation of
the redesign of the City's website (Contract No. C18990).
R. REQUEST FOR APPROVAL of Out -of -State Travel for HTE User Group
Conference, Las Vegas, Nevada.
Rec: By Minute Motion, authorize the Director of Finance and the
Information Systems Manager to travel to the subject conference
June 11-15, 2001, said travel expenses not to exceed $2,000 —funds
are available from FY 00/01 in Account Nos. 110-4150-415-3120
(Finance) and 110-4190-415-3120 (Information Systems).
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
S. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
2. Civic Center Energy Conservation Update
3. Report on CNG Fuel Cost
Mr. Ortega asked that Item F be removed for separate discussion under Section V,
Consent Items Held Over. Mayor Ferguson asked that Item H be removed, and
Mayor Pro-Tem Kelly asked that Items G and 0 also be removed for separate
discussion. Please see that portion of the Minutes for Council discussion and
action.
Upon motion by Spiegel, second by Kelly, the remainder of the Consent Calendar
was approved as presented by a 4-0 vote, with Councilman Crites ABSENT.
V. CONSENT ITEMS HELD OVER
F. REQUEST FOR APPROVAL of Window Tinting at the Parkview
Office Complex.
Mr. Gibson stated that after staff had submitted the staff report, California
Custom Glass Tinting contacted him and stated that it would have to
withdraw the bid as all of its staff had left. Mr. Gibson asked that A-1
Window Tinting be awarded the bid instead. He noted the difference in bid
amounts was approximately $2,500. He added that the City had used both
companies in the past, and both had done fine jobs.
Councilman Spiegel moved to, by Minute Motion, approve window tinting services
by A-1 Window Tinting, Palm Desert, California, in the amount of $15,655.25 for the
Parkview Office Complex. Motion was seconded by Benson and carried by a 4-0 vote, with
Councilman Crites ABSENT.
G. PRESENTATION of Report on Surface Transportation Improvement Plan
Discretionary Projects.
Mayor Pro-Tem Kelly said he felt this was a very vital plan with a large
amount of money involved. He noted that the Riverside County
Transportation Commission was in the process of revising its criteria for
funding, and he suggested that two Councilmembers and appropriate staff
be appointed to sit down and look at the projects for the City to see what
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
kind of points the Commission would come up with using the new criteria and
that this be done prior to the City submitting its projects for funding.
Councilman Spiegel agreed and offered to serve on such a committee with
Mayor Pro-Tem Kelly and staff.
Councilman Spiegel moved to: 1) Receive and file the report; and 2) by Minute
Motion, appoint Mayor Pro-Tem Kelly, Councilman Spiegel, and appropriate staff to a
committee to review the subject Plan to determine what projects would be submitted.
Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT.
H. REQUEST FOR AUTHORIZATION to Reject Bid and Re -advertise and Call
for Bids for the Peace Memorial Landscape Renovations at the Civic Center
Park (Contract No. C18250, Project No. 605-01).
Mayor Ferguson stated that approximately two meetings ago, he mentioned
that in various discussions he'd had with veterans' groups and other
interested individuals, the overriding feeling was that this memorial should
appropriately be called "The Freedom Memorial" rather than "The Peace
Memorial." He said as one World War II veteran reminded him, they fought
and died for freedom, not peace.
Councilman Spiegel noted that this memorial was named by
Col. Alvin O. Mark and the Civic Arts Committee, and he suggested that
input be received from that Committee.
Mayor Ferguson suggested that approval of the new name be subject to
review by the Civic Arts Committee.
Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) reject bid by
Commercial Diversified, Twentynine Palms, California, and authorize the City Clerk to
re -advertise and call for bids for the subject project; 2) rename the Peace Memorial to the
Freedom Memorial, subject to review by the Civic Arts Committee. Motion was seconded
by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT.
O. PRESENTATION of Preliminary Review by the California Integrated Waste
Management Board of Palm Desert's 1999 Annual Diversion Report.
Mayor Pro-Tem Kelly stated that although the City had complied with its
diversion rate of 52%, he felt there would now be an increase in the amount
of recycled products with the use of only one bin for recyclables. He said he
had noticed that some residents did not have recycle bins, and perhaps it
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
would be a good idea to promote the new bins through the City's newsletter.
He added that residents might also be able to get by with a smaller bin for
regular trash by recycling more.
MR. MARK WASSERMAN, Waste Management of the Desert, noted that the
recycling effort had just about doubled in the City of Palm Desert in terms of
residential recycling. He said Waste Management had completed its
program of providing recycling bins to everyone in the City, although there
were some who called and said they did not want the recycle bins and
wanted smaller containers. He said that basically everyone outside of gated
areas and homeowners associations in Palm Desert should have the new
recycling bins. For those who do not have the bins and want them, the
service is free of charge, and they can call Waste Management to request
them. He added that Waste Management now offers free commercial
recycling as well, and letters were being sent to businesses in the next week
or so explaining this new program.
Mayor Pro-Tem Kelly moved to receive and file this report. Motion was seconded
by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT.
VI. RESOLUTIONS
A. RESOLUTION NO. 01-64 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC
HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR
GERALD FORD DRIVE BETWEEN COOK STREET AND FRANK SINATRA
DRIVE TO UNIVERSITY PARK DRIVE.
Mr. Ortega stated that the purpose of this resolution was to find out if the
City Council is interested in making such a name change.
Mayor Pro-Tem Kelly said he did not feel it was necessary to change the
street name and that it would be more confusing to him to have the name
changed.
Councilman Spiegel said he felt it was a good idea to change the street
name because it will be the main entrance to the Cal State San Bernardino
campus when it is built out. He added that he felt it was a good opportunity
both to identify a street with the campus and to tell people how to get to the
college.
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
Councilmember Benson felt Gerald Ford Drive was a fine name for the
roadway surrounding the campus, and it would be Tess confusing than
naming a segment of it differently.
Mayor Ferguson said he would like to see the City do everything possible to
draw attention to that 200 acres and make sure people can get into and out
of the campus. He said he felt renaming that segment of the street would be
confusing.
Mayor Pro-Tem Kelly moved to deny this resolution. Motion was seconded by
Benson and carried by a 3-1 vote, with Councilman Spiegel voting NO and Councilman
Crites ABSENT.
VII. ORDINANCES
For Introduction:
None
For Adoption:
None
VIII. NEW BUSINESS
A. REQUEST FOR DIRECTION, RELATIVE TO THE PALM DESERT POLICE
DEPARTMENT SUBSTATION LOCATED AT
WESTFIELD SHOPPINGTOWN PALM DESERT.
Mr. Ortega noted the report in the packets. He noted that a report had been
received recently from Westfield Shoppingtown relative to this request. He
recommended that the Council continue this matter indefinitely.
Councilman Spiegel stated it was not necessary to take action at this time, and he
moved to continue this matter indefinitely. Motion was seconded by Kelly and carried by
a 4-0 vote, with Councilman Crites ABSENT.
9
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
IX. CONTINUED BUSINESS
A. CONSIDERATION OF CONSTITUENT CONCERN REGARDING
TIME WARNER CABLEVISION'S REQUEST FOR SOCIAL SECURITY
NUMBER (Continued from the meeting of May 10, 2001).
Mr. Ortega noted the staff report in the packets and stated that staff was
available to answer any questions.
Ms. Klassen stated that Time Warner and the constituent were notified of
this meeting and provided with copies of the Agenda and staff report.
Mayor Pro-Tem Kelly moved to receive and file this matter. Motion was seconded
by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT.
X. OLD BUSINESS
A. REQUEST FOR APPROVAL OF PAYMENT FOR PART OF THE COST OF
THE INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS TO THE
MULTI -AGENCY LIBRARY (CONTRACT NO. C07281) (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Mr. Ortega stated that this was a follow-up to previous action taken by the
Council/Agency approving an agreement for needed construction at the
Library. He offered to answer any questions.
Councilman/Member Spiegel moved to waive further reading and adopt: 1) City
Council Resolution No. 01-61, approving payment by the Palm Desert Redevelopment
Agency for part of the cost of the installation and construction of improvements to a library;
and 2) Redevelopment Agency Resolution No. 417, authorizing payment by the Agency
for part of the cost of the installation and construction of improvements to a library. Motion
was seconded by Benson and carried by a 4-0 vote, with Councilman/Member Crites
ABSENT.
B. REQUEST FOR AWARD OF CONTRACT FOR STREET AND SIGNAL
IMPROVEMENTS TO HIGHWAY 111 FROM PLAZA WAY TO
SAN MARCOS AND TO HIGHWAY 74 FROM HIGHWAY 111 TO
EL PASEO (CONTRACT NO. C17530-A, PROJECT NO. 626-97).
Mr. Ortega noted the staff report in the packets and offered to answer any
questions.
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Award the subject contract to
Gueno Development Company, Inc., Carson, California, in the amount of $1,829,798.16
and authorize a ten percent (10%) contingency in the amount of $182,979.82 — project
totaling $2,012,777.98. Motion was seconded by Spiegel and carried by a 4-0 vote, with
Councilman Crites ABSENT.
Later in the meeting, Mayor Pro-Tem Kelly moved to reconsider the subject matter.
Motion was seconded by Councilman Crites and carried by a 5-0 vote.
Mayor Pro-Tem Kelly expressed concern with the current traffic circulation
in the area of Baker's Square and Highway 111. He noted that it was very
difficult to get to that large parking lot without having to go through either the
Carl's Jr. or City Wok parking lots. He said he felt something should be
done to fix that situation.
Councilman Crites moved to, by Minute Motion: 1) Award the subject contract to
Gueno Development Company, Inc., Carson, California, in the amount of $1,829,798.16
and authorize a ten percent (10%) contingency in the amount of $182,979.82 - project
totaling $2,012,777.98, subject to the approval of Mayor Pro Tempore Kelly and
Councilman Spiegel meeting with staff for final approval. Motion was seconded by Kelly
and carried by a 5-0 vote.
C. REQUEST FOR AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL
INSTALLATION AT THREE LOCATIONS IN THE CITY OF PALM DESERT
(CONTRACT NO. C17740, PROJECT NO. 563-99).
Mr. Ortega noted the staff report in the packets.
Councilman Spiegel said it was his understanding that Madison Marquette
was going to contribute some of the funding for the signal at Larkspur and
El Paseo.
Mr. Ortega agreed and said the Council had approved an agreement with
Madison Marquette for sharing of the costs of this signal.
Mayor Pro-Tem Kelly moved to, by Minute Motion: 1) Award the subject contract to
DBX, Inc., of Temecula, California, in the amount of $360,966 and authorize a ten percent
(10%) contingency in the amount of $36,096.60 — project totaling $397,062.60;
2) authorize the Mayor to execute said contract, subject to funding approval by the
Riverside County Transportation Commission. Motion was seconded by Spiegel and
carried by a 5-0 vote.
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
XI. PUBLIC HEARINGS
A. 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 Amendina PP/CUP 96-10
(Mobil Oil Corporation and Urrutia Architects, Applicants) (Continued from
the meetings of August 24, September 14, September 28, October 26, and
December 14, 2000, and April 26, 2001).
Planning Manager Steve Smith reviewed the staff report in detail. He said
the original master plan for the area included a driveway connection
between this property and the property to the north. Restaurant pads were
being considered at that point in time; however, there was now an arena
concept approved on the property to the north. Staff felt it was important to
have that shared driveway arrangement, and a condition had been included
to that effect. With regard to conditions #17 and #30, staff had originally
requested a bus pull-out on Gerald Ford. He said a memorandum had been
circulated to Council earlier that day from SunLine indicating they have no
interest in a bus stop at this location and instead want bus stops on the west
side of Cook Street on both sides of Gerald Ford Drive. Staff was, therefore,
suggesting elimination of condition #17 and a portion of condition #30 as it
applies to the bus pull-out.
Councilmember Benson expressed concern with the possibility of having a
tall pole that says "Mobil" on it, and Mr. Smith responded that there would be
no such pole.
Mayor Ferguson noted that the public hearing was still open, and he invited
testimony from the applicant.
MR. KEN BARTON, 2322 W. Third Street, Los Angeles, representing Exxon
Mobil, stated that they had significantly modified the initial submittal,
including modifications to the site plan and enhancement of the landscaping.
They had also addressed some building concerns as requested by the
Council. He also addressed the following conditions:
#9 He said they had met with Carolyn Miller to review the Art In Public
Places program and would be working with her on this issue.
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
#18 He said they could deal with this condition relative to a shared
driveway access to Cook Street for the property to the north and
northeast. He said they were showing retention area on the north
property line, and there was a concern that if they need that much
retention, there could be some problems because they were counting
on that area for retention. He said they were hoping for cooperation
from the adjacent property owner if that becomes an issue.
He noted that their access on Gerald Ford was actually off their
property, and that was consistent with staffs and the Council's desire.
He said they would build out their property before the adjacent
property builds out, and they would like to have a similar revision
addressing joint ingress/egress not only to the north but to the east
as well. In addition, they would like assurances that they would be
able to get that driveway in and have access when they open and
there is not yet any adjacent development.
#30 He noted that installation of concrete curb, gutter, and paving on
Gerald Ford Drive was already being done.
Councilman Crites stated he felt the developer had done an excellent job as
far as being responsive to concerns raised by the Council, Architectural
Review Commission, and other individuals and making revisions to the
project. With regard to condition #9, he said he hoped the developer would
choose to spend that money on -site rather than place it into the City's Art In
Public Places program. He said he would like to see the developer have
something in that location that makes the site distinctive not only for that
station but for the company as well.
Mr. Drell addressed the developers request regarding condition #18 and
said it was his understanding that the other property has a condition granting
an easement to this property. As far as the issue of timing, he said he did
not feel the other property owner would object to having the driveway built
before they are ready to develop that site.
MR. BARTON said his concern was that they have some assurance that they
will be reimbursed for a portion of the cost of building the driveway because
it is not on their property.
Mr. Drell stated that a sentence could be added to that condition that
granting of said easement shall involve reciprocal cooperation from the
adjacent property owner for the development of the Gerald Ford entrance.
He added that the issue of reimbursement for the costs was something that
was really between the two property owners.
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
Councilman Spiegel suggested that staff meet with the two developers and
try to resolve this issue.
Mayor Ferguson invited further testimony in FAVOR of or OPPOSED to this project.
With no testimony offered, he declared the public hearing closed.
Councilmember Benson moved to waive further reading and adopt Resolution
No. 01-65, affirming the appeal and approving revised plans for CUP 00-06, amending
PP/CUP 96-10, as amended to reflect the changes to the conditions as discussed. Motion
was seconded by Spiegel and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF LAND EXCHANGE BETWEEN CITY OF
PALM DESERT, PALM DESERT REDEVELOPMENT AGENCY, AND THE
COACHELLA VALLEY WATER DISTRICT FOR THE FRED WARING
DRIVE WIDENING PROJECT — SAN PASCUAL AVENUE TO
DEEP CANYON ROAD (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Project Administrator Lauri Aylaian reviewed the staff report, noting that this
request was to approve the exchange of equal amounts of land with the
Coachella Valley Water District in order to locate a future well site at the
intersection of San Pascual and Fred Waring Drive. She offered to answer
any questions.
Mayor/Chairman Ferguson declared the public hearing open and invited testimony
in FAVOR of or OPPOSED to this request. With no testimony offered, he declared
the public hearing closed.
Mayor Pro-TemNice Chairman Kelly moved to, by Minute Motion, approve the
exchange of said land in light of evidence and testimony presented. Motion was seconded
by Spiegel and carried by a 4-0 vote, with Councilman/Member Crites ABSENT.
XII. REPORTS AND REMARKS
A. CITY MANAGER
1. Report on Ice Rink Status.
Mayor Ferguson stated that a meeting had been held the day after
the last Council meeting with representatives of Westfield
Shoppingtown Palm Desert, and they had agreed to stage their
improvements to the mall in such a manner so as to continue ice
skating at the existing facility through the July 4th holiday. He said it
was also made clear to the City at that meeting that, given the
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
necessity of improvements at the mall, the summer season, and not
wanting to destroy the winter season for the mall and its tenants, that
it was necessary after July 4th to close the rink. Subsequent to that,
a series of meetings had been held between the City Manager,
representatives of the citizens, and the approved property owner at
Gerald Ford and Cook Street. He asked for an update from the City
Manager.
Mr. Ortega stated that representatives of Westfield Shoppingtown
indicated they will be closing the ice rink after July 4th. He said he
had spoken with several people, including Bruce Williams, to discuss
efforts to locate a temporary facility. He said he had also discussed
such a temporary facility with John Wareham, the current operator of
the ice rink at the mall, and he was preparing a proposal to operate
a temporary facility. He said any proposal for a temporary facility
would require an appropriate piece of property that would be able to
supply the electricity for the generators for the ice makers. He said
Mr. Wareham had indicated it would be feasible for him to provide
such a facility. He has an ice rink in storage that could be brought to
the area, and he also has the Zamboni equipment at the mall and
owns the compressors that could be relocated to a temporary facility.
He noted that there were three persons who had submitted proposals
to build a permanent facility in Palm Desert. The City had already
approved one of the proposals on Cook Street near Interstate 10, and
meetings would be held with that developer in next several weeks to
see where they are in their process. Another party had just
completed a feasibility study and had begun discussions with the City.
He said that party was also looking for a site for a facility. The third
proposal was from John Wareham, the current operator of the ice rink
at the mall. He said Mr. Wareham's original proposal had been set
aside to see what was going to happen with the current facility, but he
wanted to resurrect that proposal and was also looking for a suitable
site. He added that Mr. Wareham's proposal for a temporary site
would be submitted to the City by May 25th.
Mayor Ferguson summarized Mr. Ortega's comments and stated that
two weeks ago, the City was faced with three issues: 1) A short-term
problem (i.e., the ice rink was supposed to be out of the mall by
May 28th); 2) a medium -term problem (a permanent facility cannot be
built over -night, and a temporary facility would be needed); 3) a long-
term problem (obtaining financing and/or finding developers who are
ready, willing, and able to put in a permanent ice facility). Since that
time, the short-term problem had been accommodated by Westfield,
which had agreed to keep the ice rink open until after July 4th. The
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
medium -term problem may be accommodated in that Mr. Wareham
has indicated he can put a temporary facility up before July 4th if
everything gets moving quickly enough, if a site can be located, and
if interim financing can be provided. That temporary facility can be
operated until such time as the long-term solution, a permanent ice
facility, can be constructed. He added that at present, there are at
least three different proposals for a permanent facility.
Mayor Ferguson stated that he and Mayor Pro-Tem Kelly had visited
two ice facilities in the City of Ontario earlier that day. One had been
in existence for approximately 37 years and was a well -used facility.
The other was a brand-new facility that was done in conjunction with
the Ontario Redevelopment Agency providing the land and sewer
connection. The developer of that facility had offered to assist the
City of Palm Desert in identifying investors and would share how he
went about putting his facility together.
Mayor Ferguson invited testimony from the audience. The following spoke
in favor of a temporary ice rink in Palm Desert until such time as a new
facility can be built:
MS. NINA WERNICK, 12-158 St. Andrews, representing
approximately 200 seniors who belong to The Desert Blades ice
skating club.
MR. MARK SCHAFER, 13-705 Hermano, Desert Hot Springs.
MR. PARRY O'BRIEN, 73-285 Goldflower Street, Palm Desert.
MS. LYN LOCKHART, 73-600 Catalina Way, Palm Desert.
MRS. TERRY O'BRIEN, 73-285 Goldflower Street, Palm Desert.
MS. CHANTEAL LEE, 40-843 Biscayne Drive, Palm Desert.
MR. BOB BRAWN, 3 Grace Point, Salt Spring Island, British Columbia
MS. SUSAN HOFHEINZ, 74-520 Yucca Tree.
MR. TONY PARISE, 44-095 Sonesta Way, La Quinta.
MS. VALERIE BERGMAN, 69-755 Buckthorn, #124.
MS. BARBARA BERGMAN, 69-755 Buckthorn, #124.
MR. PETER FLAX, 70-450 Placerville Road, Rancho Mirage.
MR. BRUCE WILLIAMS, 74-090 El Paseo, 2nd Floor.
MR. GARY STEVEN, 46-645 Washington Street, La Quinta.
MS. SANDRA WRIGHT SCHULZ, 10 Florence Lane, Palm Desert.
Mayor Ferguson stated that he suggested, respectfully, that the mandate is
that a temporary facility be put into place by July 4t. He said from the
meetings he and Councilman Spiegel had with Westfield Shoppingtown
representatives, July 4th was the absolute limit. He said the City was looking
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
at all proposals, temporary and permanent, and would like to be able to run
those proposals by the various skating associations to obtain their input. He
asked that the groups come together to work with the City and focus on a
temporary facility by July 4t.
With Council concurrence, Mayor Ferguson recessed the meeting at 5:50 p.m. He
reconvened the meeting at 5:55 p.m.
B. CITY ATTORNEY
1) Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government
Code Section 54956.8:
1) Property: Known as Westfield Shoppingtown Palm Desert
(72-840 Highway 111, Palm Desert)
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Westfield Corporation
Under Negotiation: x Price x Terms of Payment
2) Property: APN 625-021-005
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Charles and Angela Morris, Trustees
for the Morris Family Trust
Under Negotiation: x Price x Terms of Payment
3) Property: 74-470 Goleta Avenue, Palm Desert
(APN 625-031-020)
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Randy G. and Jacqueline Chavez
Under Negotiation: x Price x Terms of Payment
4) Property: 74-480 Goleta Avenue, Palm Desert
(APN 625-031-021)
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Oscar E. and Marene G. Barrientos
Under Negotiation: x Price x Terms of Payment
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
5) Property: 74-490 Goleta Avenue, Palm Desert
(APN 625-031-022)
Negotiating Parties:
Agency: Dave Yrigoyen/Lauri Aylaian/City of Palm Desert
Property Owner: Dennis L. Tank, Trustee
Under Negotiation: x Price x Terms of Payment
Mr. Erwin announced the following two items of Real Property
Negotiation that were requested be added to both City Council and
Redevelopment Agency Closed Session consideration at this
meeting, pursuant to Government Code Section 54956.8, since
matters had presented themselves following posting of the Agenda.
He further announced a case of existing litigation, pursuant to
Government Code Section 54956.9(a), that was also requested be
added to both City Council and Redevelopment Agency Closed
Session consideration at this meeting.
Upon motion by Spiegel, second by Kelly, and a 4-0 vote of the City Council, with
Councilman Crites ABSENT, the following items were added to the Closed Session
Agenda:
6) Property: Property located north of Frank Sinatra Drive,
between Portola Avenue and Cook Street, Palm
Desert, CA
(APN's 653-400-030/032/033/034)
Negotiating Parties:
Agency: Carlos L. Ortega
Palm Desert Redevelopment Agency
Property Owner: American Realty Trust
Under Negotiation: x Price x Terms of Payment
7) Property: APN 632-030-003
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Jackson Delmas et al.
Under Negotiation: x Price x Terms of Payment
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
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
b) Michael Ellis v. City of Palm Desert, Riverside County
Superior Court Case No. INC 018398
c) Renee Capela v. City of Palm Desert, Riverside County
Superior Court Case No. INC 021720
Upon motion by Spiegel, second by Kelly, and a 4-0 vote of the City Council (with
Councilman Crites ABSENT), the following item was added to the Closed Session Agenda:
d) City of Palm Springs v. All Persons Interested, Riverside
County Superior Court Case No. INC 051124
Conference with Legal Counsel regarding significant exposure to
litigation pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Conference with Labor Negotiator pursuant to Government Code
Section 54957.6:
Negotiating Parties: Carlos L. Ortega/City of Palm Desert
Palm Desert Employees Organization
2) Report and Action on Items from Closed Session at This Meeting.
None
C. CITY CLERK
1. Reminder to Adjourn this Meeting to Friday, May 25, 2001, at
9:00 a.m. for a Joint Meeting of the City Council/Redevelopment
Agency to Discuss the Preliminary Budget FY 01/02.
Ms. Klassen reminded the Council to adjourn this meeting to
9:00 a.m. on Friday, May 25, 2001, for a joint meeting of the
City Council/Redevelopment Agency to discuss the preliminary
budget for Fiscal Year 2001/2002.
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Athena Awards (Councilman Buford A. Crites).
Councilman Crites reported he attended the Chamber of
Commerce Board Meeting on behalf of Councilman Spiegel. He
said the Chamber was interested in the City taking over the
Athena Award Program. After speaking with
Councilmember Benson about this matter, it was determined
there was not a significant expense involved; it could be
combined with the City's existing "Make Someone a Star" retail
promotion, giving it added luster.
Councilmember Benson added that when she investigated
Palm Springs' very successful Athena Program, she learned
they had a community partner, such as Plaza Motors, that
assisted with funding the event. She didn't foresee a problem
with Palm Desert finding a similar partner.
Council concurred.
2. Skate Park Liability (Councilman Buford A. Crites).
Councilman Crites noted that in reading the Public Safety
Commission's Meeting minutes, he was concerned to learn
about the liability issue for persons under age 14, noting that
there was proposed legislation that would lower that age to
7 years. However, the City was just undertaking the Beginners'
Skate Park project.
Mayor Ferguson explained that the bill in question was one
proposing governmental immunity from liability. He said that
currently, parents and their children are asked to execute
waivers that hold the City harmless for any injuries sustained.
He said the subject legislation would add an immunity on top of
that.
Councilman Crites pointed out that during discussion for
approval of the existing Skate Park, he didn't recall ever being
informed that there was governmental immunity for persons over
14 years.
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
Mr. Erwin added that the City's participation in the California
Joint Powers Insurance Authority covered it for persons over or
under 14. He confirmed that there was currently an immunity
for those over 14, proposed to be reduced to 7 years.
Councilman Crites said he hoped the Legislative Review
Committee supported the proposed legislation.
o City Council Committee Reports:
1. Councilman Spiegel reported that he had recently attended an
ICSC Conference in Las Vegas. He said that in talking with
various developers, he had found that retail business was
getting tough. He said one of the city's oldest businesses,
Comerford's, was going out of business, and he had asked
Ruth Ann Moore to update the Council on what is going on in
the City in the retail area.
Ms. Moore distributed a list of empty stores and those that have
announced closings, which totaled 20 locations. Of those stores
listed, four have moved or will be moving to different locations
on El Paseo, five have announced their closings as retirements,
two are moving off the street to other locations in the desert, one
is downsizing its location, three are closing this location but
have stores in other parts of the country, and five have shut
down their businesses for various other reasons. She added
that of those 20 locations listed, six had been re -leased, leaving
14 vacancies. She also noted that in order to fill these
vacancies, staff had developed, in conjunction with the area
brokers, a list of national high -end tenants not currently located
in the area, which would be desirable on the street. Over the
next several weeks, staff will be producing and mailing
marketing packages for El Paseo to these merchants. The
packages will include descriptions of the street and photos of
the vacant locations, demographics of the local residents and
tourists, and current sales information for the street. She also
announced the opening of several new stores on El Paseo.
Councilman Spiegel said he had found out earlier that day that
Robinson's May would be going two levels to the west, with a
200,000 square foot store as opposed to a 170,000 square foot
store. Plans were to break ground for this expansion early next
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING MAY 24, 2001
spring. In addition, Sears was moving into the mall in August of
2003.
MR. DAVE HOKANSON, Vice President of Development for
Westfield Corporation, 11601 Wilshire Boulevard, Los Angeles,
said they were preparing to start construction within the next five
to seven days, and that would carry on through October 15t
when the renovation portion of the interior would be completed.
He said it would be December 12th when they actually turn over
the new food court and new large-scale retail. In addition, some
time between now and October would be the beginning of
construction on the new Barnes & Noble store to be located on
the south side of the center along Highway 111.
1. Mayor Pro-Tem Kelly stated that he and Mayor Ferguson had
attended the Legislative Conference for the League of California
Cities. He said one of the speakers was the Senator who is
leading the charge to protect cities and their sales taxes.
XIII. ORAL COMMUNICATIONS
None
XIV. ADJOURNMENT
Upon motion by Spiegel, second by Crites, and a 5-0 vote of the Council,
Mayor Ferguson adjourned the meeting to Closed Session at 6:13 p.m. He reconvened
the meeting at 7:10 p.m. and immediately adjourned to May 25, 2001, at 9:00 a.m. with no
action announced from Closed Session.
: /
SHEILA R Ipl_ ._IGA , • I'IY CLERK
CITY OF PAL DE • "T, CALIFORNIA
22