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HomeMy WebLinkAbout2001-11-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 2001 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Ferguson convened the meeting at 4:00 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Robert A. Spiegel III. INVOCATION - Councilmember Jean M. Benson IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Richard S. Kelly — Councilman Robert A. Spiegel Mayor Jim Ferguson Excused Absence: Councilman Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services/City Clerk Richard J. Folkers, ACM 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 Martin Pinon, Director of Human Resources Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. LANNY SWERDLOW, Palm Springs, provided event fliers and invited Councilmembers to an upcoming program featuring Judge James Gray on Sunday, November 18, at the Cathedral City Library. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 MS. DORI CREE, 47-400 Southcliff Road, Palm Desert, said she wished to address the palm log delineation for the Homme/Adams Park, expressing appreciation to Councilman Spiegel and Mayor Pro-Tempore Kelly for meeting her at the Thrush Bridge. It was her understanding that at its meeting of July 19, 2001, the City Council decided to use the palm logs to delineate the park on the westerly side, next to the Coachella Valley Water District (CVWD) easement; from the Thrush Bridge looking southerly, that has been done. However, to the north, where all the residential traffic was, the palm logs were placed only 20 feet from the fence, and the CVWD easement was 45 feet. She requested Council follow through with its action of July to delineate the park and not narrow the easement there. Her concern was that fire apparatus wouldn't be able to maneuver the turn at Thrush Bridge with the roadway's narrowed state. Therefore, she asked that the width of the Calle De Los Campensinos be what CVWD had, which was 45 feet, and that the palm logs be used to delineate the park. Mayor Pro-Tempore Kelly commented that when he and Councilman Spiegel met with Ms. Cree, both felt some adjustment was necessary, and he suggested an item for the Council's next meeting to consider the matter. Mayor Ferguson noted that a letter had been received from Ms. Cree, which he forwarded to Public Works and the City Manager, and he believed the issue could be resolved at the administrative level. He offered that perhaps an informational item at the next Council meeting would then be appropriate. Mr. Drell explained that action was being taken to widen to 26 feet, as was agreed upon. He expected that to be complete by early next week. In answer to question about completion of the road surfacing, he answered the process was to be done this week; however, with the widening of what was the graded road, it would be within two weeks. He explained that a detour would have to be created during the process in order to allow the coating material to dry for 24 hours; there would be signage directing traffic slightly off the road. MS. CREE said that widening the easement to 26 feet still wouldn't delineate the park; more than 20 feet of the easement would still be taken up. She said not only was there traffic, but people used the channel road for jogging in the mornings and afternoons. She again requested that CVWD's full easement width be provided and that the palm logs be used strictly for delineation of the park property. With City Council concurrence, Mayor Ferguson asked that the City Manager, Director of Community Development, Councilmen Spiegel and Kelly meet with Ms. Cree, along with possibly a representative of CVWD to decide the width. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. RECOGNITION FOR CITY OF PALM DESERT EMPLOYEES WHO WERE HONORED ON OCTOBER 31, 2001, FOR EXCEPTIONAL SERVICE. Mayor Ferguson explained that the City Council and Mr. Ortega came up with the idea to recognize those City employees who gave their best, and awards were presented at an employee luncheon for Halloween. He said it was then the Council's and City Manager's desire to recognize those employees more formally at a Council Meeting. He said employees were nominated by the Assistant City Managers, Richard Folkers and Sheila Gilligan, as well as by City Manager Ortega. He went on to say that the City Council had one nomination of its own, which wasn't recognized on October 31. But today, Mayor Ferguson and Mayor Pro-Tempore Kelly, on behalf of the entire City Council, made a presentation to recognize the exceptional service of Wilma Michelson, Secretary to the City Council. Mr. Ortega stated that he'd entitled the program "Get Caught Doing Something Good," meaning an employee could be doing something good for — a fellow employee or a resident. He and Director of Human Resources Martin Pinon recognized the following City employees who were nominated by their respective manager or supervisor for their customer service, attitude, and cooperation: Maria Hunt, Randy Chavez, Joe Pudis, Pedro Rodriguez, Robert Becerra, Jeff Thomas, Niamh Ortega, Michael Brown, Frankie Riddle, Doug VanGelder, Tonya Monroe, Ricardo Torres, Linda Russell, Monica O'Reilly, Tom Bassler, Bob Riches, and Debbie Thompson. Additionallythe following three employees had been nominated by residents, in letters addressed to the City that cited excellent customer service: Ben Godfrey, Sam Szymanski, and Ernie Owens. Each employee received a $100 gift certificate to Sullivan's Steakhouse in Palm Desert. B. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 2001 AS "NATIONAL HOSPICE MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Ferguson presented the framed proclamation to Abby Sheridan, Assistant Hospice Manager for the Visiting Nurse Association of the Inland Empire. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 C. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF NOVEMBER 11-17, 2001, AS "ALZHEIMER'S DISEASE AWARENESS WEEK" IN THE CITY OF PALM DESERT. Mayor Ferguson, on behalf of the City Council, presented the framed proclamation to Pam Bieri, accepting for the Alzheimer's Association. Mrs. Gilligan noted that Ms. Bieri authored the majority of the articles appearing in each month's Bright Side newsletter. D. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 15, 2001, AS "AMERICA RECYCLES DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Ferguson presented a framed proclamation to Frank Orlett and Kimberly Keyton of Waste Management of the Desert, and City Management Analyst Frankie Riddle. Mayor Ferguson commented that due to the outstanding efforts of Waste Management staff and Ms. Riddle in promoting the City's recycling program, Palm Desert enjoyed the highest diversion rate of any city in the Coachella Valley under AB 939. E. PRESENTATION OF APPRECIATION TO THE CITY COUNCIL BY THE MEMBERS OF THE PALM DESERT MIDDLE SCHOOL ODYSSEY OF THE MIND TEAM MS. DONNA PRUETT, Team Coach, and the student team members expressed their appreciation for the Council's funding of their trip to the World Finals at the University of Maryland in Baltimore last summer. They were pleased to report that they had finished 23rd of 62 teams, with over 5,000 teams competing. In addition to sharing pictures of their trip, a thank you card, and trading pins for their team, they were also pleased to report that they had not needed the total of the funding provided. Therefore, the City was presented with a refund check for $935, in hopes that the team would be able to request funds for their program in the future. F. PRESENTATION OF PATRIOTIC WORKS TO THE CITY COUNCIL BY PALM DESERT HIGH SCHOOL STUDENTS, DONE IN DAYS FOLLOWING THE EVENTS OF SEPTEMBER 11, 2001. Palm Desert High School Principal Patrick Walsh introduced faculty member Cyndi Furr and her student, Robbie Royston, who recited the poem he wrote in response to the events of September 11. Councilmembers were each presented with a booklet of all the student works. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 G. PRESENTATION TO RECOGNIZE FAY MC GRATH FOR HER SERVICE TO THE CITY OF PALM DESERT AND ITS SISTER CITIES SUBCOMMITTEE. Mayor Ferguson noted that Ms. McGrath was unable to attend, her presentation would be rescheduled. H. APPOINTMENTS TO THE ARCHITECTURAL REVIEW COMMISSION AND HOUSING COMMISSION. Mayor Pro-Tempore Kelly moved to, by Minute Motion: 1) Appoint John O'Hea to the Architectural Review Commission to fill the vacancy created by the resignation of Wayne Connor, whose unexpired term concludes December 31, 2004; 2) appoint Manuel Reyes, Housing Authority property resident, to the Housing Commission to fill the vacancy created by the resignation of Jim Thorness, whose unexpired term concludes December 31, 2002. Motion was seconded by Councilman Spiegel and carried by 4-0 vote, with Councilman Crites ABSENT. I. APPOINTMENT TO THE SISTER CITIES SUBCOMMITTEE. Councilman Spiegel believed that in the next month or so, the Council would be reviewing all the vacancies on the respective Committees and Commissions and interviewing applicants. Therefore, he suggested holding the subject appointment until that process had been completed. Mayor Ferguson said he had the same concern. Mrs. Gilligan said while appointment could wait, strong recommendation had been made bythe Council's liaison to the Subcommittee, Councilman Crites, which was the reason for it being placed on this agenda. Mayor Ferguson said after speaking with Ms. Strong at the Sister Cities Subcommittee's Reception, he didn't feel anything would be gained by waiting. Councilman Spiegel commented that more applications may be received following announcement that the process was underway. Responding to question, Mrs. Gilligan answered that the application had been received within the last month, as Ms. Strong had been attending the Sister Cities Subcommittee meetings as an ex-officio member and had assisted with preparation for the visit and reception last weekend. She went on to say that advertisements for committee/commission service had been 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 run and applications were received throughout the year, with a meeting scheduled for the end of the month to meet with all applicants. Further, she said a press release would be run to solicit any other interested applicants. She noted that applicants were required to attend two or three meetings of the Committee/Commission they desired to serve on, and Ms. Strong had fulfilled that requirement. Mayor Pro-Tempore Kelly stated that since the application had come this far and Councilman Crites made the recommendation, he felt the appointment should be made. Councilman Spiegel commented that he had no strong feeling one way or the other, it was just that the normal process involved interviewing the applicants. Mayor Pro-Tempore Kelly moved to, by Minute Motion, appoint Kathy Strong to the Sister Cities Subcommittee to fill the vacancy and unexpired term created by the resignation of Fay McGrath. Motion was seconded by Councilmember Benson. Mayor Ferguson stated he assumed his colleagues and staff were aware of the normal process but that these three committees had special reasons for going early. Mrs. Gilligan noted that the Housing Commission had that vacancy for some time, which had caused a significant problem for Ms. La Rocca. Mayor Ferguson called for the vote, and it carried 4-0, with Councilman Crites ABSENT. VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 25, 2001. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 36, 37, 38, 39, 40, 41, 37PD Office Complex, and 41PD Office Complex. Rec: Approve as presented. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 C. CLAIM AGAINST THE CITY (#458) by Samuel J. D'Angelo in the Amount of $461.63. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Cyrus Amir Faridi for El Paseo Grill, 73-725 El Paseo, Suite 22 ABC, Palm Desert. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE. by Suzanne Harrison for The Bella Luna, 73-375 El Paseo, Q & R, Palm Desert. Rec: Receive and file. F. MINUTES from City Committee and Commission Meetings. 1. Building Board of Appeals and Condemnation Meeting of June 6, 2000. 2. Promotion Committee Meeting of September 18, 2001. Rec: Receive and file. G. LETTER OF RESIGNATION from Fay McGrath from the Sister Cities Subcommittee. Rec: Receive with very sincere regret. H. RESOLUTION NO. 01-113, - 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 (July 2001). Rec: Waive further reading and adopt. I. REQUEST FOR AUTHORIZATION, to Advertise and Call for Bids for Installation of the Electrical System Necessary for the Photovoltaic Solar System at the Palm Desert Civic Center (Contract No. C19590). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 J. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C19570 — Storm Drain Improvements at Cook Street and 42nd Avenue (Project No. 641-98). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $5,902 to the subject contract with Dateland Construction Company, Coachella, California, for additional work necessary to complete the project and authorize the Mayor to execute same. K. REQUEST FOR RATIFICATION of Amendment to Contract No. C18710 — Relocation Services for the Portola Avenue Widening Project. Rec: By Minute Motion, ratify the City Manager's approval of the $3,000 amendment to the subject contract with Overland Resources, Palm Desert, California, for consulting services on the Portola Avenue Improvements Project — funds are available in the approved Capital Improvements Budget for FY 2001/02. L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C18740 — Construction of Public Parking Improvements for President's Plaza III (Dateland Construction Company, Coachella, California). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Note: The vote for this item was 3-0-1, with Councilman Crites ABSENT and Mayor Ferguson ABSTAINING because his law office was adjacent to the subject parking lot. M. REQUEST FOR APPROVAL of Three -Year Memorandum of Understanding (MOU) for Administration and Operation of the Santa Rosa and San Jacinto Mountains National Monument Visitor Center (Contract No. C19600). Rec: By Minute Motion, authorize the Mayor to enter into the subject MOU with the Bureau of Land Management to assist with the costs ($7,000) associated with administration and operation of the Santa Rosa and San Jacinto Mountains National Monument Visitor Center. N. REQUEST FOR APPROVAL of Parcel Map No. 30287 (First Baptist Church of Palm Desert, Applicant). Rec: Waive further reading and adopt Resolution No. 01-114, approving the final parcel map of Parcel Map No. 30287. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 O. CONSIDERATION of Request from Soroptimist International of Palm Desert Relative to the Sixth Annual Art & Wine Tour of El Paseo. Rec: By Minute Motion, approve the request from Soroptimist International of Palm Desert for operation of three Klieg lights, extension of operation hours for the Shopper Hopper, and an expenditure in an amount not to exceed $1,300 for expenses associated with the subject event scheduled for Friday, March 1, 2002. P. REQU EST FOR APPROVAL of Out -of -State Travel for Engineering Manager to Attend Traffic and Transportation Related Activities. Rec: By Minute Motion: 1) Approve the request for Engineering Manager's attendance at the subject meeting to be held in Arlington, Virginia, January 9-11, 2002; 2) approve the request for Engineering Manager's attendance at the Transportation Research Board Annual Meeting in Washington, DC, January 13-17, 2002. Q. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Civic Center Energy Conservation Update Upon motion by Mayor Pro-Tempore Kelly, second by Councilman Spiegel, and 4-0 vote of the City Council, Councilman Crites ABSENT, the Consent Calendar was approved as presented, with the exception of Item L, from which Mayor Ferguson ABSTAINED from voting. VIII. CONSENT ITEMS HELD OVER None 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 IX. RESOLUTIONS A. RESOLUTION NO. 01-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NOS. 85-121 (CIVIC ARTS COMMITTEE); 330 (CITIZENS ADVISORY COMMITTEE FOR PROJECT AREA NO. 4); 97-77 (PROMOTION COMMITTEE); 99-112 (SISTER CITIES SUBCOMMITTEE); 01-2 (LIBRARY PROMOTION COMMITTEE); ORDINANCE NOS. 861 (HOUSING COMMISSION); 875 (PUBLIC SAFETY COMMISSION); 900 (ART IN PUBLIC PLACES COMMISSION); 935 (TECHNOLOGY COMMITTEE); AND BY-LAWS OF THE PARKS & RECREATION COMMISSION, ALL RELATIVE TO MEETING SCHEDULES. Mayor Ferguson understood the purpose for this item was to provide a bit more time between meetings. Mrs. Gilligan said it offered staff an opportunity to be more efficient and effective. In response to Councilmember Benson's question whether all committees/commissions would meet on the same bimonthly schedule, Mrs. Gilligan answered that was discussed. She said each of the subject entities, with the exception of Parks & Recreation Commission, was already dark in August; therefore, beginning in January with the new appointments seemed to be the logical way to go. She went on to say staff did not resist the notion of having all committees/commissions meet during the same months (i.e. January, March, May, July, September, and November). Councilman Spiegel thought the caveat was that if the committee chair and staff liaison agreed that a meeting should be held in the middle, on the same date that the regular meeting would have been held monthly, the meeting would be called. It wouldn't be up to the Council's discretion, but to the committee chair. Mrs. Gilligan explained that, in essence, this action would put the committees on an as -needed basis, with regular meetings every other month, but if there is a need, they will meet in the off months. Councilman Spiegel moved to waive further reading and adopt Resolution No. 01-115. Motion was seconded by Mayor Pro-Tempore Kelly and carried by 4-0 vote, with Councilman Crites ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 X. ORDINANCES For Introduction: None For Adoption: None XI. NEW BUSINESS A. REQUEST FOR APPROVAL. OF AMENDMENT TO RELOCATION PLAN — FRED WARING DRIVE IMPROVEMENTS PROJECT. Mr. Ortega noted the staff report in the packets. Mayor Pro-Tempore Kelly moved to, by Minute Motion, approve the amendment to the Relocation Plan for the Fred Waring Drive Improvements Project. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. B. REQUEST FOR AUTHORIZATION. TO NEGOTIATE TEMPORARY LICENSE AGREEMENTS WITH RESIDENTS WHOSE PROPERTIES ARE BOUNDED ON THE SOUTH BY FRED WARING DRIVE RIGHT-OF-WAY, BETWEEN SAN PASCUAL AVENUE AND DEEP CANYON ROAD. Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to, by Minute Motion, authorize staff to negotiate Temporary License Agreements, and the Mayor to execute same, to authorize residents with properties bounded on the south by the new wall constructed on Fred Waring Drive, between San Pascual Avenue and Deep Canyon Road, to use and maintain approximately three feet of City -owned property adjacent to their south property lines. Motion was seconded by Mayor Pro-Tempore Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. C. REQUEST FOR APPROVAL OF CONTINUED UTILIZATION OF RIVERSIDE COUNTY TRANSPORTATION DEPARTMENT FOR CITYWIDE STREET STRIPING. Mayor Pro-Tempore Kelly moved to, by Minute Motion, authorize continued use of the Riverside County Transportation Department for citywide street striping and authorize an amount not to exceed $75,000 for said services. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 D. REQUEST FOR APPROVAL OF COMPLETION OF PHASE ONE OF THE REGIONAL PARK (MASTER PLAN AND COST ESTIMATE). Mr. Ortega noted the staff report in the packet and stated that Mr. Jeff Winklepleck was available to answer any questions. Mayor Pro-Tempore Kelly stated that since the Council had approved installation of a veterans art piece at this location, he would recommend the park be named Freedom Park. Mayor Ferguson stated that he was in favor of this recommendation. He added that he had spoken with Councilman Crites in New Zealand, who was also in favor of the recommendation. Councilman Spiegel suggested this matter be referred to Parks & Recreation Commission. Mayor Pro-Tempore Kelly moved to, by Minute Motion: 1) Appropriate $69,080 for the completion of Phase One (master plan and cost estimate) of the Palm Desert Regional Park — funds are available in Fund 400; 2) authorize the Mayor to enter into an agreement with David Evans and Associates, Inc., for completion of Phase One of the Regional Park (Contract No. C19610); 3) direct that the park be named "Freedom Park," subject to concurrence of the Parks & Recreation Commission. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Crites ABSENT. E. CONSIDERATION OF APPROVAL OF AMENDMENT TO THE SUNLINE SERVICES GROUP JOINT POWERS AUTHORITY AGREEMENT. Mayor Ferguson stated that he would abstain from voting on this item. MR. RICHARD CROMWELL noted that a presentation had been made to the Council in Study Session. Mr. Ortega noted that a presentation was made at the last Council meeting relative to SunLine Services participating with the financing and construction of a power plant. He said this would require the acquisition of property, and this property might have to be taken by condemnation. The Authority does not have that power, and in order for it to finance, it needs to have some governmental powers. He said the City Attorney had looked at the current agreement and concurred that authority was not granted by the cities. Mr. Erwin noted that he had reviewed the SunLine Services agreement and had subsequently spoken with the attorney for SunLine relative to an 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 amendment to add that authority. He then had a discussion with Mr. Cromwell, which indicated that amendment may be premature. Mr. Cromwell stated that SunLine was not in the least bit interested in having the power of eminent domain for any taking whatsoever. He said the issue had to do with financing of this project. As Council saw from the presentation made at the Study Session, they had partners who are coming together to build a power station in the Coachella Valley. He said they needed the ability of eminent domain because that would qualify them for municipal financing. Some of the other cities expressed concern that in the future the SunLine Board might try to use eminent domain for things other than what they were interested in at this point, so the protection would be built into the final amendment. This protection would indicate that if at some future time SunLine would ever need the power of eminent domain for taking, it would require a 100% vote by the members of SunLine's Board. He reiterated that the reason for the power of eminent domain had nothing to do with taking, it had to do with qualifying to be able to issue tax-free bonds in order to move forward on this project. He said he was requesting at this point that the City Council authorize its delegate to vote in favor of moving forward with the proposed power plant proceedings at SunLine's meeting of December 5'. Upon question by Councilman Spiegel, he responded that this matter would come back to the Council after going to SunLine's Board on December 5th. He added that the amendment required concurrence from each of the cities. Councilman Spiegel moved to, by Minute Motion, authorize the City's delegate to the SunLine Services Group Joint Powers Authority to vote in favor of moving forward with the proposed power plant proceedings at SunLine's meeting of December 5, 2001. Motion was seconded by Mayor Pro-Tempore Kelly and carried by a 3-0-1 vote, with Councilman Crites ABSENT and Mayor Ferguson ABSTAINING. F. CONSIDERATION OF AN APPEAL TO AN ARCHITECTURAL REVIEW COMMISSION DECISION, DENYING A REQUEST FOR AN EXCEPTION TO THE ZONING ORDINANCE TO ALLOW TWO, SIX -FOOT -HIGH WOOD GATES WITHIN THE CITY'S RIGHT-OF-WAY ON PROPERTY LOCATED AT 47-833 SUN CORRAL TRAIL Case No. VAR 01-02, (Carolyn L. Brown/Louis Scalise, Appellants). Mr. Martin Alvarez reviewed the staff report, noting that the Architectural Review Commission (ARC) denied the request for the following reasons: 1) In the past, exceptions have been granted for wood fences or gates in front yards where landscaping could be installed in front to screen the material; 2) the gates are located within the City's right-of-way. He noted that at the ARC meeting of October 9th, several neighbors and representative of the Silver Spur Homeowners Association were present and objected to the 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 request. Staff's recommendation was that the City Council affirm the decision of the ARC and deny the request. He offered to answer any questions. MS. DIANNE HARVILL, 47-821 Sun Corral Trail, Palm Desert, spoke in opposition to this request. She noted that she had taken some photographs of the area because the appellant had indicated in his appeal that there were other gates in the area like his, and there were no other gates like that. Mayor Ferguson invited the appellant to speak. MR. LOUIS SCALISE, 47-833 Sun Corral Trail, Palm Desert, stated that in 1997, a six-foot fence was approved by the Architectural Review Commission to hide a motorhome, which he subsequently sold. The area was then enclosed with oleanders, although the gate and fence were still there. When he constructed a new garage, he removed the oleanders to put in the new driveway. The fence and the gate were also taken down. He said approximately six months ago, when he was putting in the new driveway, he moved a three -wheeled golf cart (which he is restoring) to his other driveway, and he received a citation from the City. He said the reason for the wood gates was so that his neighbors would not have to look at the old golf cart and other "rubbish" that he happens to like but which no one else cares for. Mayor Ferguson noted that the staff report indicated Mr. Scalise's gate violated the CC&R's of Silver Spur Homeowners Association. Upon question by Councilmember Benson with regard to whether the Architectural Review Commission approved this on the City's right-of-way, Mr. Scalise responded that it was approved with a ten -foot setback. Upon question by Councilman Spiegel, Mr. Alvarez responded that there was no record in the Minutes of the Architectural Review Commission of any approval of a six-foot fence in the City's right-of-way. He added that it was not the policy of the Architectural Review Commission to make decisions within the right-of-way. Councilman Spiegel stated that the staff report indicated that in January of 1997, the ARC approved an exception to allow a wood fence in the front yard of the subject property, provided that it was limited to four feet in height and was placed 12 feet from the face of the curb, although the approval did not include any gates. The appellant built a six-foot fence instead of a four -foot fence and built it in a different location, with a gate. MS. LEANN BLYSTONE, President of the Silver Spur Ranch Homeowners Association, noted a letter in the City's file stating that Mr. Scalise had never 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 received permission from the Association to build a wooden fence or a wooden gate of any kind. She said this was actually against the CC&R's of Silver Spur Ranch Homeowners Association. Although there were a number of old wooden fences that existed, they had been grandfathered in. Councilman Spiegel moved to, by Minute Motion, deny the appeal and affirm the Architectural Review Commission decision, denying a request for an exception to the Zoning Ordinance to allow two, six -foot -high wood gates across the Appellant's driveway. Motion was seconded by Kelly and carried by a 4-0 vote. G. CONSIDERATION OF REQUEST FROM NATIONAL JUNIOR TENNIS LEAGUE FOR SUPPORT OF COACHELLA VALLEY KIDS' TENNIS CARNIVAL AT INDIAN WELLS TENNIS GARDEN. Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. Mr. Winklepleck reviewed the staff report, noting that the request was for $2,500 to support the Tennis Carnival scheduled to be held December 1, 2001, at the Indian Wells Tennis Gardens. Staff's recommendation was to allow the City Manager to enter into an agreement with the National Junior Tennis League based on the criteria listed, the information as to where the money will be spent, the breakdown of the budget, and verification that other cities are financially supporting this event. He added that the information presented was good; however, staff felt it was not enough and would like more information prior to moving ahead. Councilman Spiegel noted that Parks & Recreation Commission recommended approval. He stated that four cities (Palm Desert, Indian Wells, Rancho Mirage, and Palm Springs) were being asked to participate, and the money would be used for transportation for the children from various schools in the Valley to the Tennis Gardens, refreshments, tennis equipment, t-shirts, etc. Councilmember Benson stated that while she did not have any objections to this, she would note that the City had spent $15,000 already this year for the same type of thing at Shadow Mountain. Councilman Spiegel moved to, by Minute Motion, authorize the City Manager to enter into a contract to assist the National Junior Tennis League in the amount of $2,500 with the Coachella Valley Kids' Tennis Carnival, subject to the following: 1) Receipt of an in-depth outline of how the funds will be spent; 2) receipt of a comprehensive budget for — the event; 3) verification of financial participation from other cities. Motion was seconded by Mayor Pro-Tempore Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 H. REQUEST FOR APPROVAL OF EXPENDITURE OF FUNDS FOR CONSTRUCTION, DELIVERY, AND INSTALLATION OF PEDESTALS FOR THE EL PASEO EXHIBITION. Councilmember Benson moved to add this item to the Agenda. Motion was seconded by Spiegel and carried by a 4-0 vote. Councilman Spiegel moved to, by Minute Motion, approve expenditure of funds in an amount not to exceed $13,000 to Artwork Foundry, Berkeley, California, for the construction, delivery, and installation of pedestals for the El Paseo Exhibition, as stipulated in Contract No. C19200 — funds are available in Account No. 436-4650-454- 4002. Motion was seconded by Kelly and carried by a 4-0 vote. XII. CONTINUED BUSINESS A. ORDINANCE NO. 1003 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 12.32 TO THE PALM DESERT MUNICIPAL CODE, RELATING TO THE MAINTENANCE AND CARE OF TREES (Continued from the meeting of October 25, 2001). Mr. Folkers stated that staff met last week with representatives of Southern California Edison, at which time some additional issues were raised which had not been brought to staff's attention. In order to get those issues clarified, staff was recommending continuation of this item to the first meeting in December. Councilmember Benson moved to continue this matter to the meeting of December 14, 2001. Motion was seconded by Spiegel. Mayor Pro-Tempore Kelly said he felt something definitely needed to be done because this was matter was taking a long time to complete. He said that he would vote against the continuance. Mayor Ferguson agreed with Mayor Pro-Tempore Kelly and said he felt it was made abundantly clear at the last meeting that November 8th would be the date the Council voted on this matter. Now there are legal issues that could have been raised but hadn't been raised, which was causing another delay. He said it seemed to him that Edison's only interest in this was to stall and delay action. He would rather pass the ordinance and then come back and amend it if needed as opposed to continuing the matter. He said he would vote against the motion for continuance as well. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 Mayor Ferguson called for the vote. With a vote of 2-2 (with Councilman Crites ABSENT), no action was taken to continue the matter. Mayor Pro-Tempore Kelly moved to waive further reading and adopt Ordinance No. 1003. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT. B. CONSIDERATION OF REQUEST BY BIGHORN DEVELOPMENT FOR WAIVER OF REQUIREMENTS ASSOCIATED WITH UNDERGROUND ELECTRICAL SERVICE FOR THE 840 WATER BOOSTER STATION AT 47-800 CAMINO DE LOS CAMPENSINOS ALONG PALM VALLEY STORM CHANNEL (BIGHORN Development, Applicant) (Continued from the meeting of October 25, 2001). Mr. Folkers stated that he had met with Mr. Carl Cardinalli that afternoon to discuss resolution of Council's concerns. He said they would work with the Redevelopment Agency to provide the Bighorn Development Company with a ten -foot easement along the south boundary of the Homme/Adams Park to provide for undergrounding. Councilman Spiegel moved to, by Minute Motion, accept staff's report on the matter that Bighorn was working with Southern California Edison and proceeding with the undergrounding. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 2 TO CONTRACT NO. C17530-A — FOR THE STREET, SIGNAL, AND DRAINAGE IMPROVEMENTS AT HIGHWAY 1 11 AND HIGHWAY 74/MONTEREY AVENUE FROM PLAZA WAY TO SAN MARCOS AVENUE (PROJECT NO. 626-97). CouncilmemberBenson said itwas her hope this project would be completed by the end of November. Councilman Spiegel agreed. He also noted that when the State did Highway 74, they did their work at night. New blacktop would have to be put in at the corner of Highway 111 and Highway 74/Monterey Avenue, one of the busiest in the City. He asked if this project could be done at night as well. Mr. Gaugush responded that this was the approach that would be taken, with the final bit of cap work to be done at night. He added that the project should be completed by November 30`h 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 Councilman Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 2, increasing the subject contract with Gueno Development Company, Inc., Carson, California, in the amount of $53,749.32 for additional work required to complete the project; 2) authorize the transfer of said funds from contingency to base for this project. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. B. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT NO. C18260 — ENGINEERING SERVICES FOR THE FRED WARING DRIVE WIDENING. Mr. Ortega noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion, approve a contract amendment in the amount of $128,866 to the subject contract with Tetra Tech, Inc., Palm Desert, California, for increasing the scope of engineering services provided for widening Fred Waring Drive between San Pablo Avenue and Deep Canyon Road. — funding is available in the Capital Improvements Program Budget for this project. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. XIV. PUBLIC HEARINGS None XV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Two -acre site (4 lots), NEC De Anza Way/ San Carlos Negotiating Parties: Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: Robert & Beatrice Scott Under Negotiation: x Price x Terms of Payment 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 2) Property: APN 640-110-015 Negotiating Parties: Agency: Carlos L. Ortega/Joseph S. Gaugush/City of Palm Desert Property Owner: Town Center Plaza Under Negotiation: x Price x Terms of Payment 3) Property: APN 640-340-006 Negotiating Parties: Agency: Carlos L. Ortega/Joseph S. Gaugush/City of Palm Desert Property Owner: M & H Realty Partners Under Negotiation: x Price x Terms of Payment 4) Property: APN 640-110-033 Negotiating Parties: Agency: Carlos L. Ortega/Joseph S. Gaugush/City of Palm Desert Property Owner: Toys R Us, Inc. Under Negotiation: x Price x Terms of Payment 5) Property: APN 640-033-001 Negotiating Parties: Agency: Carlos L. Ortega/Joseph S. Gaugush/City of Palm Desert Property Owner: Royce Under Negotiation: x Price x Terms of Payment Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. 6) Property: 500 square feet at NWC Fred Waring Drive/ Washington Street (APN 637-341-029) Negotiating Parties: Agency: Phil Drell/City of Palm Desert Property Owner: Steve Lyle 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 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 b) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 025112 c) Renee Capela v. City of Palm Desert, Riverside County Superior Court Case No. INC 021720 d) City of Palm Springs v. All Persons Interested, Riverside County Superior Court Case No. INC 051124 Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. e) Betty L. Szymanski v. City of Palm Desert, United States District Court - Central District of California Councilman Spiegel moved to add one item to the following Closed Session item, for a total of three. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 2) Report and Action from Closed Session Made at This Meetina. None C. CITY CLERK 1. Consideration of December Regular Meeting Schedule. With Council concurrence, it was determined that the second regular City Council meeting for December (December 27) would be canceled. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: None o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). None 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 8, 2001 XVI. ADJOURNMENT Upon motion by Spiegel, second by Kelly, and unanimous vote of the City Council, Mayor Ferguson adjourned the meeting to Closed Session at 5:20 p.m. He reconvened the meeting at 6:10 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: ��.. �a V�SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 21