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HomeMy WebLinkAbout2001-10-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 25, 2001 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Ferguson convened the meeting at 4:04 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro-Tempore Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson 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 David Yrigoyen, Director of Redevelopment Carolyn Miller, Community Arts Manager Mark Greenwood, Engineering Manager Rachelle D. Klassen, Deputy City Clerk MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 III. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF ANNUAL "MINI MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. Presentations were made to student artwork winners, Ryan Maciosek of James Carter Elementary, Heather Perry of Gerald Ford Elementary, Timber Childs of Abraham Lincoln Elementary, and Kirby Davis of George Washington Charter Elementary; and to Fire Station No. 33 of the Riverside County Fire Department/California Department of Forestry & Fire Protection, Desert Sands Unified School District, and The Historical Society of Palm Desert. B. PRESENTATION TO THE CITY COUNCIL BY DOUG VAN GELDER, INFORMATION SYSTEMS MANAGER, RELATIVE TO THE WEST HTE USERS GROUP MEETING HOSTED BY THE CITY OF PALM DESERT AT THE CIVIC CENTER OCTOBER 17-19, 2001. Information Systems Manager Doug Van Gelder presented an engraved plaque expressing the event's appreciation for use of Palm Desert's facilities. C. PRESENTATION TO THE CITY COUNCIL BY SUNLINE SERVICES GROUP, RELATIVE TO THE PROPOSED 120 MEGAWATT POWER PLANT. An oral presentation was made to the City Council by Mr. Richard Cromwell of SunLine Services Group and Mr. Tim Smith relative to the proposed 120 megawatt power plant. IV. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 11, 2001. Removed for separate discussion under Section V, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for discussion and action. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY, - Warrant Nos. 34 and 35. Rec: Approve as presented. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 C. CLAIM AGAINST THE CITY (#456) by Gerry Ferguson in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CLAIM AGAINST THE CITY (#457) by Sherrie Williamson, Et Al., in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. E. MINUTES of City Committee and Commission Meetings. 1. Civic Arts Committee Meetings of September 10, and September 18, 2001. 2. Housing Commission Meeting of September 12, 2001. 3. Library Promotion Committee Meeting of July 11, 2001. Rec: Receive and file. F REQUEST FOR APPROVAL of Alternative Investments for Special Escrow Proceeds. Rec: By Minute Motion, authorize the City Treasurer to invest the special escrow proceeds of the proposed Tax Allocation Revenue Bonds (Project Area No. 4) either in a LAIF Bond Proceeds Account or in an investment agreement, whichever is most profitable. G. REQUEST FOR DECLARATION of Surplus Equipment. Rec: By Minute Motion, declare as surplus the items listed on Exhibit "A" of the accompanying staff report and authorize disposal. H. REQUEST FOR APPROVAL of Outside Agency Funding Request by Palm Desert Middle School for Fiscal Year 2001/02. Rec: By Minute Motion, approve the subject request and appropriate Outside Agency Funding in the additional amount of $8,000 for Palm Desert Middle School. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 REQUEST FOR AUTHORIZATION to Purchase Replacement Vehicles. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the purchase of replacement vehicles for the Public Works Maintenance Division. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1-10 and Monterey Avenue Landscape and Sculpture Installation (Contract No. C18000-A, Project No. 586-00). Removed for separate discussion with Old Business Item A. Please see that portion of the Minutes for discussion and action. K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17440 — Installation of Traffic Signals at Three Locations (Project No. 563-99). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $8,252.25 to the subject contract with DBX, Inc., Temecula, California, for installation of traffic signals at Portola Avenue/Shadow Mountain Drive, Larkspur Lane/EI Paseo, and Portola Avenue/Hovley Lane West, and authorize the Mayor to execute same; 2) transfer said amount of funds from contingency to base for the subject project. L. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C18400 — Desert Willow Traffic Circle Landscape Improvements Program (Project No. 585-01). Rec: By Minute Motion, approve Change Order No. 2 in the amount of $2,250 to the subject contract with Pink, Inc., Palm Desert, California, and authorize the Mayor to execute same. M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C18400-A — Desert Willow Traffic Circle Landscape Improvements Program (Project No. 585-01). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $15,200 to the subject contract with Randy G. Myers & Nurseries, Palm Desert, California, and authorize the Mayor to execute same; 2) transfer funds in the amount of $3,780 from contingency to base for the project and authorize the expenditure of the balance of $11,420 from Account No. 241-4195-495-8092. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 N. REQUEST FOR APPROVAL, of Change Order No. 1 to Contract No. C19240 — Professional and Design Services for the Storm Drain Improvement Plan for Cook Street and Frank Sinatra Drive. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $14,000 to the subject contract with RBF Consulting, Palm Desert, California, for additional engineering design services for the subject project, and authorize the Mayor to execute same. O. REQUEST FOR APPROVAL of Final Tract Map 29692 (Cypress Estates, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 01-111, approving the final subdivision map of Tract No. 29692. P. REQUEST FOR AUTHORIZATION to Replace Floor Covering and Lobby Furniture at the Portola Community Center. Rec: By Minute Motion: 1) Authorize the Mayor to accept the proposal by Powers Carpet One, Rancho Mirage, California, in the amount of $17,488.63; 2) authorize the appropriation of $18,531.32 from Account No. 110-4132-411-3090 for the replacement of lobby furniture and floor covering in the hallways and offices at the Portola Community Center. Q. REQUEST FOR AUTHORIZATION to Negotiate Relocation of Charger by Artist Ted Gall to an Interim Location During Voulkos Exhibition. Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. R. REQUEST FOR APPROVAL of Out -of -State Travel for Senior Public Works Inspector to Attend Radiation Safety Officer Training. Rec: By Minute Motion, approve of the subject request for travel for the training to be given in Las Vegas, Nevada, December 3-7, 2001. S. REQUEST FOR AWARD OF CONTRACT for Storm Drain Improvements at Cook Street and 42nd Avenue (Contract No. C19570). Rec: By Minute Motion, award the subject contract to Dateland Construction Company, Coachella, Califomia, in the amount of $24,435 and authorize the Mayor to execute same. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 T. PRESENTATION of Golf Course Management Agreement and Lease for Palm Desert Golf Course Facilities Corporation. Rec: By Minute Motion: 1) Receive and file Management Agreement by and between the Palm Desert Golf Course Facilities Corporation and Kemper Sports Management, Inc. (Informational Item). 2) Approve Lease Agreement (Contract No. C19580) by and between the City of Palm Desert and the Palm Desert Golf Course Facilities Corporation. 3) Authorize the City Manager to execute the aforementioned Lease Agreement. U. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Report on 2002 State Transportation Improvement Program (STIP) Discretionary Project Funding 3. Report on School District Boundary Change Process (North of Frank Sinatra Drive) Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. 4. Report on Palm Desert High School Access Road Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. 5. Report on Traffic Control in Work Zones 6. Status Report on Landfill Transfer Station Issues Removed for separate discussion under Section V, Consent Items Held Over. Please see that portion of the Minutes for discussion and action. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Mr. Erwin requested that Item A be removed for separate discussion. Mayor Pro-Tem Kelly removed Item Q, and Councilman Crites removed Items U-3, U-4, and U-6. Mrs. Klassen also asked that Item J be removed to be considered along with Old Business Item A. Upon motion by Crites, second by Kelly, the remainder of the Consent Calendar was approved as presented by a 5-0 vote of the Council. V. CONSENT ITEMS HELD OVER A. MINUTES of the Regular City Council Meeting of October 11, 2001. Mr. Erwin noted that a correction needed to be made to these Minutes. He stated that Mayor Ferguson had actually intended to abstain from voting, rather than in favor of Old Business Item B (page 20), as reflected, due to his representation of Granite Construction in his law practice. Councilman Crites moved to approve the Minutes as amended to reflect Mayor Ferguson's abstention from the vote (instead of a 5-0 vote) on Old Business Item B (page 20), awarding a contract to Granite Construction Company for construction of a right turn pocket on southbound Highway 74 at Silver Spur Mobile Home Manor. Motion was seconded by Spiegel and carried by a 4-0-1 vote, with Mayor Ferguson ABSTAINING. J. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the 1-10 and Monterey Avenue Landscape and Sculpture Installation (Contract No. C18000-A, Project No. 586-00). This item was considered jointly with Old Business Item A and then continued to the meeting of December 13, 2001. Q. REQUEST FOR AUTHORIZATION to Negotiate Relocation of Charger by Artist Ted Gall to an Interim Location During Voulkos Exhibition. Mayor Pro-Tem Kelly suggested that a permanent location be found for this piece of art rather than temporarily locating it somewhere and having to move it again after the El Paseo Exhibition period. Community Arts Manager Carolyn Miller agreed. However, there were still seven years remaining on the agreement with Restaurants Unlimited, which stated the piece needed to be in close proximity to their property. She said they may be in agreement to allow the City to do that, and she would like that option to work with them. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Councilman Crites moved to, by Minute Motion, approve the request to relocate Charger by Ted Gall, currently located on El Paseo, to another location during the El Paseo Exhibition period 2001-2002, with additional direction to staff to find a mutually agreeable permanent site so that relocation only needs to occur once. Motion was seconded by Kelly and carried by a 5-0 vote. U. INFORMATIONAL ITEMS: 3. Report on School District Boundary Change Process (North of Frank Sinatra Drive) Councilman Crites asked for comments from Councilman Spiegel relative to the report in the packets from staff. Councilman Spiegel stated that if he read staffs report correctly, the recommendation was to wait until after the General Plan Advisory Committee takes a look at this, and he felt that committee did not have anything to do with the School District boundaries. Mr. Drell stated that the connection is that the principle controversy revolves around revenue and cost, and revenue and cost of that area are going to be determined by what the ultimate land use designations are. Councilman Spiegel said he still felt the City should go ahead with this now and see how far it can get. Mayor Pro-Tem Kelly stated that a lot of objectives and goals are written into the General Plan. One of the objectives and goals written was the objective to have one school district for the entire City of Palm Desert. He said he did not feel this should wait for the General Plan Advisory Committee to look at the matter. Mayor Ferguson said he felt the process of getting the boundaries changed would outlast the General Plan Committee by at least a year, and he did not feel it should be delayed by including it in the General Plan. He said the General Plan would be completed before the City gets to dollars and cents with the school districts. Councilman Spiegel stated that there are enough people in the City who would like to see one school district for the entire city that it makes sense to make the request, see how far it goes, and see how it comes back. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Councilman Crites stated he felt the process should move forward at this time without the General Plan. Mayor Ferguson agreed. Councilman Crites moved to, by Minute Motion, authorize staff to move forward with the process as proposed in the staff report, with the exception of awaiting action by the General Plan Advisory Committee. Motion was seconded by Kelly and carried by a 5-0 vote. 4. Report on Palm Desert High School Access Road MS. PEGGY REYES, Director of Facilities Services, Desert Sands Unified School District, 83-070 Tourmaline, Indio, stated that the District did not agree with the staff report that they had been dragging their heels and not wanting to move this project forward. She said the ingress and egress at Palm Desert High School had been discussed for over two years with City staff at numerous meetings. City staff had indicated to the District that it would take the lead in contacting the Valley Palm Homeowners Association through the City's legal counsel, and the District had been awaiting a response. She said the District wanted to continue to work with City staff and keep an open dialogue in order to get this much -needed access. Councilman Crites asked what direction the Council wished to take on this matter. Mr. Ortega stated there had been some question about whether some agreements the City had previously entered into with the Palm Valley Homeowners Association would prevent someone from building the road. He said that question had been answered, and the City Attorney was available to provide additional information. He said the request from staff had nothing to do with Fred Smith Road, which was a different issue. If the Council wished staff to do something about building the north road which would exit onto Cook Street, staff would do so. MS. REYES noted that the need for this access road was recognized by both the City and the District; however, there was lack of funding for same from both the City and the District. She asked how both agencies could participate financially in order to get the needed access. Upon question by Councilman Spiegel about preferring to have both roads open, Ms. Reyes responded that Fred Smith Road could stay closed. She said they recognized there were issues with that road which they probably would not want to deal with. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Councilman Spiegel stated the issue was that the City would take the position of being the lead agency on the road, working with the School District, and everything would come back to the Council and also to the School Board. Mr. Erwin stated that he had spoken with the District's legal counsel the previous evening and had provided him with a copy of the staff report. He said they were both in agreement that the previous litigation had nothing to do with this road and does not provide any impediment at all to the road. He said he felt the next step was to agree that the road should be there. He added that this was School District property, and an easement would be needed before the City could step onto that property. Councilman Crites moved to, by Minute Motion, direct staff to meet with the School District and return with a financial plan that would be acceptable to both agencies, and if so, the City of Palm Desert would be willing to serve as the lead agency for this project, such a proposal to be returned to the City Council for further action. Motion was seconded by Kelly and carried by a 5-0 vote. 6. Status Report on Landfill/Transfer Station Issues Councilman Crites stated that this report noted in the next to the last paragraph that there should be enough background information to begin evaluating this issue. He asked what process of evaluating this issue staff had in mind. Mr. Ortega noted that it was staffs understanding there was a project that would be processed through the Planning Commission, and this would be a very important project the Council would need to know about before it gets to that point. He said it would impact other issues with regard to the City's refuse franchise. He added that this was informational at this time. Contract Administrator Robert Kohn reviewed the staff report, noting that the City would have to make several decisions once Edom Hill closes its gates and no longer accepts waste material for disposal. Upon question by Councilman Spiegel, he said BLT, Inc. had proposed construction of a transfer facility for Palm Desert's waste, to be located off of Dinah Shore Drive. Councilman Crites asked if this proposal was being proposed to be built even without any commitments from any of the cities. Mr. Kohn 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 responded that one of the things BLT would be looking for was commitments from the cities, with Palm Desert being the main commitment. MR. TOM NOBLE, 19 Merle Drive, Palm Desert, pointed out that a letter had been sent to the City requesting that Palm Desert consider flow control to this facility, which had been underway in the City of Palm Desert as part of a much larger project. If the City does choose to have this facility in Palm Desert and to commit its waste flow to the facility, that would be enough to get it off the ground. He said they would then propose going with the City of Palm Desert to other jurisdictions to try and get further commitments of flow. Councilman Crites moved to receive and file this report. Motion was seconded by Benson and carried by a 4-0-1 vote, with Mayor Ferguson ABSTAINING. VI. RESOLUTIONS None VII. ORDINANCES For Introduction: None For Adoption: 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. Mr. Ortega noted that a request had been received from Kathleen DeRosa of Southern California Edison for a two -week extension of time on this ordinance. He said the major issue was the root ball and who will pay for removal. Mayor Pro-Tem Kelly said the City had been working on this for over two years and had several different meetings with utilities, primarily Edison. He said he felt this was a good ordinance and that the City should move ahead with it. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Councilman Crites asked Ms. DeRosa if she had a substantially new or different proposal to present to staff than had been considered previously. MS. DEROSA, of Southern California Edison, responded that they were currently working on a draft, which she would like to sit down and review with staff. In addition, there were a number of issues she would like to have cleaned up, including errors in the ordinance itself. She stated a substantial issue would still be the grinding and removal of the stump. Councilman Crites asked if she felt this draft would bring to this discussion substantially new positions or data from Southern California Edison, and she said she did feel so. Councilman Spiegel moved to continue this matter to the meeting of November 8, 2001, with staff directed to work with Southern California Edison to come to a resolution that would be acted upon at that time. Motion was seconded by Ferguson and carried by a 4-1 vote, with Mayor Pro-Tem Kelly voting NO. B. ORDINANCE NO. 1007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.36 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO REGULATION AND PROHIBITION OF SMOKING. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1007. Motion was seconded by Benson and carried by a 5-0 vote. VIII. NEW BUSINESS A. 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). Councilman Crites stated that he would be abstaining on this matter as it is at the edge of his driveway. Councilman Spiegel stated it was his understanding that Council was being asked to continue this item. Councilman Spiegel moved to continue this matter to the meeting of November 8, 2001. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Crites ABSTAINING. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 B. CONSIDERATION OF REQUEST BY CIVIC ARTS COMMITTEE TO RECONSIDER AMPHITHEATER DESIGN. Mr. Ortega noted the staff report and recommendation in the packets. Mayor Ferguson stated that the issue that came through again and again was that somehow procedurally this had not occurred in the proper manner. Mrs. Gilligan stated that the entire project resulted from the Civic Arts Committee's unhappiness with the Amphitheater and its seating, viewing, sound, etc. It was taken also to the Parks & Recreation Commission. As a result of that body's action and the complaints from members of Civic Arts, the Amphitheater Subcommittee was formed consisting of two Councilmembers and representatives of various committees and commissions in the City. That Subcommittee went out and got design proposals and brought a design forward. The City Council considered the design in a Study Session with representatives from Art In Public Places, Civic Arts Committee, and Architectural Review Commission, and the design moved forward. She said part of the design review with the Subcommittee included bringing in professional expertise to address problems with sound, acoustics, lighting, seating, etc. Subsequent to that Study Session, and with no objection, the design was again moved forward and was taken to Civic Arts Committee, Promotion Committee, Architectural Review Commission, Parks & Recreation Commission, and Art In Public Places Commission. The concept was approved. After all of that input, it was brought back to the City Council for appropriation of funds to have drawings made. She noted that a presentation was made approximately one month ago to Art In Public Places Commission, Civic Arts Committee, and Promotion Committee on a documentary film to be produced. All three committees met in the Council Chamber with the gentleman proposing the video. At that time, Civic Arts Committee members felt they did not like the design, that the expertise had not been brought in, that the sound issues had not been addressed, etc. She noted that the technical issues had actually been addressed by the Subcommittee and would be included in the design that would be back before Council in December. MS. DIANNE FUNK, 72-755 Pitahaya, Palm Desert, spoke as a member of the Civic Arts Committee and said the Committee never did approve the Amphitheater as presented to it at the subsequent meeting noted by Mrs. Gilligan, although the Committee did agree a new Amphitheater was needed. She said the Committee felt it was not included in any of the subcommittees. She said her concern was that the proposed Amphitheater was not very functional, and it would cost a lot more money to make it so it this design 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 continued. She was also concerned that the Committee never saw any other designs. She added that she felt the comments from the design team should be included in a report that Civic Arts Committee members can review, and she was curious how they would answer various questions about the functionality of the Amphitheater. She said she had spoken with one of the members of the design team, Mr. Robert Scales of USC, and he said he felt this was an incredible design, very unusual, very decorative, and sculptural. When she asked if it was functional, he said it was more of a sculpture, and its practicality was a big question. Upon question by Mayor Ferguson, Mrs. Gilligan responded that there was considerable discussion, and presentations were made by experts in the various fields. She said with regard to the sound systems, they very quickly become outdated. The Committee considered the issue of whether or not to build in a sound system that would then have to be replaced in a few years. Councilmember Benson added that the Committee worked for almost a year and a half on the different designs that came in. She said with regard to comments made by Mr. Scales, he also said he felt it would be a remarkable thing if the bugs could be worked out. She said the design had gone through all of the committees, and even if the committee members did not like the design, it still would have come back to the Council. Councilman Spiegel stated that the Parks & Recreation Commission unanimously felt this was a good idea. Architectural Review Commission also unanimously approved it. He noted that Darlene Romano from College of the Desert felt it was the greatest thing she had seen. Representatives of the McCallum Theatre were also very enthusiastic. He said sound would always be a problem because of the Amphitheater's very nature. Councilman Crites said this had been sent out for a design and to look at details. When that design has been completed, he asked if a proposal would then come back to the Council. Mrs. Gilligan agreed and said that proposal would be before Council in December. Councilman Crites suggested that the proposal be presented to the Civic Arts Committee before the proposal comes back to the Council, with comments to be solicited from the Committee members. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Councilman Crites moved to, by Minute Motion, direct staff to take the proposal now being finalized by the design team to the Civic Arts Committee for a presentation to address the concerns raised prior to its being considered by the City Council. Motion was seconded by Benson and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF RELOCATION PLAN PREPARED FOR THE PORTOLA AVENUE IMPROVEMENTS PROJECT. Mr. Ortega noted the staff report in the packets and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion, approve the Relocation Plan prepared for the Portola Avenue Improvements Project. Motion was seconded by Kelly and carried by a 5-0 vote. IX. CONTINUED BUSINESS A. CONSIDERATION OF CITY PARTICIPATION IN CONSTRUCTION COSTS FOR OFF -SITE IMPROVEMENTS ASSOCIATED WITH PRECISE PLAN 01-03, COOK STREET PLAZA — NORTHWEST CORNER OF COOK STREET AND SHERYL AVENUE (COOK STREET ASSOCIATES, LLC, APPLICANT) (Continued from the meetings of September 27, and October 11, 2001). Councilman Crites moved to continue this item to the meeting of December 13, 2001. Motion was seconded by Spiegel and carried by a 5-0 vote. X. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT, FOR ARTWORK FOR THE MONTEREY AVENUE MEDIAN ENHANCEMENT PROJECT, AN ART IN PUBLIC PLACES/PUBLIC WORKS COLLABORATIVE (CONTRACT NO. C18000-B). Mayor Pro-Tem Kelly and Mayor Ferguson advised that they'd participated in a meeting with officials from the City of Rancho Mirage to discuss Monterey Avenue. Mr. Greenwood stated that with regard to the subject project being placed at the Monterey/I-10 interchange, current traffic studies of the location, combined with projected future growth, amounted to a future redesign of the interchange, and the proposed artwork would end up being wiped out. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Mayor Ferguson added that, for instance, there would probably be three or four left turn lanes at the location, along with a suggested "flyover" type of configuration. Councilmembers then asked if the artwork might be relocated to another suitable location. Ms. Miller and Landscape Manager Spencer Knight responded that the project had been engineered specifically for the site, Caltrans approval had been obtained for it, and the Transportation Enhancement Activities (TEA) Grant funding was in place and had to be utilized within a set period of time. In further response, both agreed to investigate the potential for alternate sites in order to utilize and meet requirements of the $572,000 grant. Mayor Pro-Tem Kelly moved to continue this matter to the meeting of December 13, 2001, directing staff to see what alternatives existed for moving this project to another location. Motion was seconded by Spiegel and carried by a 5-0 vote. XI. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, APPROVING A REQUEST BY JOHN WESSMAN dba/WESSMAN DEVELOPMENT COMPANY ON BEHALF OF ROBERT WOLFF FOR A CONDITIONAL USE PERMIT FOR THE ADDITION OF 1,260 SQUARE FEET THROUGH ENCLOSURE OF THE EXISTING BREEZEWAY, APPROVAL TO PERMIT A 1,491 SQUARE FOOT STARBUCKS COFFEE SHOP ON THE CORNER AND A PARKING ADJUSTMENT TO FACILITATE THE ABOVE TWO REQUESTS — PROPERTY IS AT THE NORTHEAST CORNER OF EL PASEO AND SAN PABLO, 73-520 EL PASEO Case No. CUP 01-15 (John Wessman, Applicant) (Eltinge & Graziadio Development Co. c/o Roemer, Harnik & Nethery, LLP, Appellant). Mr. Drell reviewed the staff report, noting that in order to locate the proposed Starbucks at the northeast corner of El Paseo and San Pablo, the existing tenant would have to be relocated, and that necessitated the buying out of that lease. The proposed 1,296 square foot addition plus the conversion of 1,491 square feet from retail to restaurant would result in a parking space deficit of 14 spaces per code. He noted that prior to the Planning Commission hearing, staff received a call and letter from the property manager of the center to the east who expressed concern that the lack of parking at the Starbucks location would further impact parking at her center. The Planning Commission discussed her concerns and noted that through 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 the combination of existing on -site and off -site parking, the project could comply with the City's parking requirements. He said before the project proceeds, the applicant must come up with a parking management plan which makes sure the employees of any of the tenants in the center stay out of the neighbor's parking lot. He added that the question of how effectively the condition can be enforced could be directed to the applicant in terms of what their intent and commitment are to resolving that issue. He said there was sufficient parking at the Gardens to address this need, and staff felt this project was an overall positive improvement which deserved Council consideration. Mayor Ferguson declared the public hearing open and invited testimony from the appellant. MR. BRIAN HARNICK, Roemer, Harnik & Nethery, 45-025 Manitou Drive, Indian Wells (residence at 73-901 Shadow Lake Drive, Palm Desert), addressed the Council on behalf of the applicant, Eltinge & Graziadio. He said the issue was parking and its impact on the property owners, specifically the businesses to the east of the proposed Starbucks. He said they were in favor of foot traffic; however, the objection was what impact this was going to have on those property owners and those limited amount of parking spaces in that lot right next to the Doug Arango's, right behind Jensen's, and Jensen's. He expressed concern with the on -street parking and said it was his understanding that employees at the Gardens were parking their vehicles on the street. People wanting to visit the Starbucks would be looking for the most convenient spaces to park rather than parking at the Gardens, and he did not feel the 200 spaces at the Gardens was a workable and realistic solution to the parking problem. Another solution being proposed was the enforcement of the parking by employees; however, he did not feel this was enforceable. He added that with respect to the approval by the Planning Commission, the appellant did not have an opportunity to make a full presentation to the Commission due to an issue with notice. He said the Commission did not have the benefit of input from many of the local store owners. He felt the entire area needed to be looked at and not viewed in a vacuum, and there were issues that needed to be addressed. He asked thE4 ,'he Council uphold the appeal and not grant approval to the project without a proper survey. He added that he felt the project would have a negative impact. The following also spoke in favor of the appeal and in opposition to the proposed project: 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 MR. BILL HANOUSEK, 45-644 Verba Santa Drive, Palm Desert, owner of Master Pools & Spas. MS. CAROL HERRERA, Eltinge & Graziadio Development Company, 2355 Crenshaw Boulevard, Torrance, California, noted that while the merchants were all in support and felt Starbucks would be a benefit on El Paseo, they were not sure this was the best location. Mayor Ferguson stated that it was his understanding that the appellant, Eltinge & Graziadio, had its own deficiency of 16 spaces, and one might argue that the shortage of parking is because of the developer's own deviation, and now they were asking this developer in this center to bear the burden of that deviation and overcrowding problem. MS. HERRERA responded that she was with the company back then, and they had condominiums back there, so there was no problem at all with the parking. She said the only problem was that the company was restricting itself to only one food use on El Paseo, and that is a bakery. Now the Doug Arango's restaurant is taking even more of their available parking, and employees of Doug Arango's have been seen parking along the block wall because of the shade trees and then jump over the block wall to go to the restaurant to work for the day. MR. DAN FREEMAN, 73-540 El Paseo, Palm Desert. MR. ROBERT EVANS, one of the partners of Doug Arango's Restaurant, stated that one of the issues not discussed this meeting was the addition of the square footage that is being filled in through the breeze way. He said he had met with Mr. Wessman that afternoon, which was his first look at what was going to be done there. He said not being a property owner who would have been notified of the Planning Commission meeting, he was not aware that this was on the Agenda when it was first approved; otherwise, he would have attended and shared his concerns. He said while Starbucks was a successful company, there were serious concerns. He noted his company represented 33% of the entire complex, and no one asked his opinion of the project, which would cause their to completely their breeze way, and this was very important to their senior customers. He asked that Council consider postponing this decision for 30 days to seek some additional input on the matter. Mayor Ferguson stated that the City does send notices of meetings to the property owners of record, and it is up to the property owners whether or not to give notice to their tenants. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Mayor Ferguson invited testimony from the applicant. MR. JOHN WESSMAN, 72-200 Clancy Lane, Rancho Mirage, developer of the proposed center, stated that Starbucks had approached them approximately six months ago and expressed interest in locating a facility on El Paseo. One of their criteria was that they be located close or adjacent to the Gardens facility. He said although from a pure economic point of view it was not a real good project for them, they felt that having Starbucks there would be good for the existing tenants. He said with regard to the parking situation, he said he did not believe Mr. Evans knew of the requirement that his employees park on the opposite side of the street rather than in the neighbors' parking areas. He said he could not stop customers from parking any place they felt they could park that was not restricted; however, what they would do was relieve about 20-25 spaces in their parking lot by requiring and enforcing their employees to park in the Gardens parking area that was designated for employee parking. He added that they would have an enforcement program in place to make that happen. He said he felt Starbucks would be a good addition to El Paseo, and he would do everything in his power to make sure his employees were parking across the street, which would leave more parking available for the customers. Upon question by Mayor Pro-Tem Kelly, Mr. Drell responded that there are 75 parking spaces in the complex, and that would include Starbucks, Doug Arango's, Trio, and those stores on Highway 111 on the frontage road. Councilman Crites noted a lot of letters from neighboring merchants and also from tenants in Mr. Wessman's own center. He asked if these were all people with whom Mr. Wessman discussed this project prior to starting this project. MR. WESSMAN responded that the only people he knew in his center who were against this project would be Doug Arango's. Upon question by Councilman Crites, he said his people had spent six to eight hours talking with their neighbors and trying to work out an agreement within so that it would not have to come before the Council. Although they got very close to an agreement, it got to the point where they were being asked to put a full- time guard on the lot, and they could not afford to do so. He said if the City did not feel this was the right thing to do, if it is the wrong use, the Council should deny the application. Mayor Ferguson stated there was a suggestion there might be a continuance to work some things out, and he asked Mr. Wessman if he saw any benefit in continuing this matter. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 MR. WESSMAN responded that he was not sure what could be worked out. He noted that he had spent over six hours to try and work things out with his neighbors, and they would do everything in their power to make this work if the Council approves the project. Mr. Harnick said he did not feel enforcement would work and that it was not the answer to the parking problem. He noted that his client's parking was the only visible parking area on El Paseo. He asked that the Council grant the appeal and deny the application. MR. WESSMAN noted that his real estate agent had informed him that Starbucks was operating on a timeframe and that they would probably lose Starbucks if this matter was continued for very long. Mr. Evans stated that he was not opposed to a Starbucks coming into the building but that he was opposed to not having had the opportunity to have been involved in this process. With no further testimony offered, Mayor Ferguson declared the public hearing closed. Councilmember Benson said she felt this project would be a good draw for El Paseo. She said she could see how businesses directly adjacent to the proposed project could be impacted but did not feel that negative impact would extend to other businesses such as Marinello's, Fireside Pharmacy, etc., which were not directly adjacent. She added that she had never had any problems finding a place to park in this area. Councilman Crites said he felt the project was a poor fit for the area. He did not feel a one -day survey of traffic and parking was sufficient. He felt the owner of the property needed to go out and do some enforcement of existing conditions and also needed to visit with his tenants and neighbors to discuss the proposed project. He added that he felt there was a traffic problem in this area which was not resolved, and increasing the parking deficiency by 14 spaces was an unacceptable public policy. Councilman Spiegel said it appeared the letters of opposition were actually a form letter and that someone might have gone around and asked merchants to sign the letters. He agreed with Councilmember Benson about the impacts to businesses not directly adjacent to the proposed project. With regard to enforcement of employee parking, he did not feel this could actually be done. He said he felt the ability of restaurants to have outside seating on El Paseo was a plus for those businesses. He felt Starbucks 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 would be a good addition to El Paseo, and he would vote in favor of the project. Mayor Pro-Tem Kelly agreed with Councilman Spiegel that form letters do not usually work very well, and he did not understand the opposition from some of those businesses. He said he shops at many of the stores in the center because he has always found it to be an easy place to park. Upon question by Mayor Ferguson, Mr. Drell confirmed that Starbucks would go in under a conditional use permit, and conditional use permits are subject to revocation hearings if the conditions of approval are not met. Mayor Ferguson stated that this was a case of one shopping center stating the estimates are not going to work and another shopping center stating that they will work. Typically, those situations are resolved by approving conditional use permits with fairly stringent conditions, with the understanding that if the proponents' expectations do not come to fruition, a conditional use permit revocation hearing is held where we come back and modify those conditions. He said he was really interested in including Mr. Wessman's pledge as an added condition to the project that his 25 employees park at The Gardens at El Paseo. He added that he was willing to take a "wait and see" approach. He would also like City staff at some point to chalk tires on El Paseo and see how many cars are parked there all day long versus how many people are actually using the parking on an intermittent basis. He said he would like to see a Starbucks here. He noted that he would be in favor of a motion that would add the condition that the applicant's 25 employees and any other employees under his control park at The Gardens at El Paseo, that we do a "wait and see" approach to see how this works out, and put the applicant and Starbucks on fair notice that if this is a problem six months from now, the project will be back before the City Council with a revocation hearing. Mayor Pro-Tem Kelly moved to: 1) Waive further reading and adopt Resolution No. 01-112, denying the appeal and affirming the Planning Commission action for Case No. CUP 01-15, with additional condition that the 25 employees of the complex be required to park in the structure at The Gardens; 2) by Minute Motion, direct City staff to have a parking study conducted for El Paseo. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Crites voting NO. B. CONSIDERATION OF THE FISCAL YEAR 2002/03 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Mr. Ortega reviewed the staff report, noting that the City would be receiving approximately $200,000 in CDBG funds. He said the purpose of the public 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 hearing was to see whether there are representatives of qualifying agencies in the audience who wish to make requests for these funds. Mayor Ferguson declared the public hearing open and invited testimony. With no testimony received, he declared the public hearing closed. No Council action was required or taken on this matter. XII. REPORTS AND REMARKS A. CITY MANAGER 1. Presentation on Westfield Shoppingtown Palm Desert Project and Public Art — Past and Present. Updates on the project were given, from the City perspective, by Dave Yrigoyen, Phil Drell, Homer Croy, and Carolyn Miller. Mr. David Hokanson of Westfield Shoppingtown provided information on the project from the corporation. B. CITY ATTORNEY 1) Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: NEC Country Club Drive/Oasis Club Drive Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: ABD Palm Desert 118, LLC Under Negotiation: x Price x Terms of Payment 2) Property: 18-acre Site, SWC Sheryl Avenue/Cook Street (APN: 624-241-016) Negotiating Parties: Agency: Carlos L. Ortega/Teresa La Rocca/Phil Drell City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: HCO, LLC/Rick Hughes Under Negotiation: x Price x Terms of Payment 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Councilman Spiegel moved to add the following items to the Closed Session Agenda. Motion was seconded by Crites and carried by a 5-0 vote. 3) Property: Two -acre site, NEC DeAnza 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 4) Property: North side of Dinah Shore Drive, west of Monterey Avenue Negotiating Parties: Agency: Richard J. Folkers/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: Seymour Lazar Under Negotiation: x Price x Terms of Payment 5) Property: Potential Development known as Joshua Hills (north and east of City) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Unknown 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 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 Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Crites and carried by a 5-0 vote. d) Betty L. Szymanski v. City of Palm Desert, United States District Court - Central District of California 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Councilman Spiegel moved to add the following item to the Closed Session Agenda. Motion was seconded by Crites and carried by a 5-0 vote. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: Carlos L. Ortega/City of Palm Desert Palm Desert Employees Organization With Council concurrence, Mayor Ferguson adjourned the meeting at 6:45 p.m. to Closed Session. He reconvened the meeting at 7:38 p.m. 2) Report and Action on Items from Closed Session at This Meeting. At the seven o'clock portion of the meeting, Mr. Erwin announced that during Closed Session, discussion occurred about an additional property item (see Property Negotiation Item No. 5 listed above). Further, announcement was made that during Closed Session on April 12, 2001, the First Amendment to each of the Disposition and Development Agreements for the Desert Willow Conference Center and Desert Willow Resort Hotel were approved by the City Council. C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Donation of Conference Registration to Watchable Wildlife Conference 2001 (Councilman Buford A. Crites). Councilman Crites stated that this conference was originally scheduled to be held on September 12, 2001, the day after the New York tragedy, and it had been canceled. Notices were sent to conference registrants giving them the opportunity to receive a full refund, apply their 2001 fee to the 2002 conference, or donate all or a portion of the $400 registration 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 fee as a tax-deductible donation to Watchable Wildlife, Inc. He asked for Council direction. With Council concurrence, the registration fees were donated to Watchable Wildlife, Inc. 2. Consideration of the Bus Wraps Designed for the Shopper Hopper Route. Mayor Ferguson moved to add this item to the Agenda. Motion was seconded by Spiegel and carried by a 5-0 vote. Ms. Ruth Ann Moore stated that at the suggestion of the City Manager, she had placed this information in the Council Conference Room for review and comments. She said she had received comments from Councilmember Benson and Mayor Pro-Tem Kelly. After discussion, and with City Council concurrence, staff was directed to: 1) Ensure the vehicles are clearly marked that the service is provided as a courtesy to Palm Desert shoppers by the City of Palm Desert; 2) refine the design to reflect the atmosphere of the City's retail areas (i.e. remove the martini glass and tone down the remainder). 3. Request for Consideration of Parking Along the South Side of Country Club Drive at Sagewood (adjacent to Plazade Monterey, near the Pickles Deli establishment) (Councilman Buford A. Crites). Councilman Crites stated that comments had been received from residents of Sagewood that when the Pickles Deli is busy, the parking along Country Club Drive presents view problems for residents trying to get out of Sagewood onto Country Club Drive, especially if they are trying to make a left turn. With Council concurrence, staff was requested to review this matter. 4. Request for Staff Review of the Cul De Sac Issues Raised Earlier at this Meeting (Councilman Robert A. Spiegel). With Council concurrence, the City Manager was requested to place an item on the next meeting agenda to discuss this issue. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 5. Request for Sponsorship of Palm Desert High School Basketball Team Scoreboard. Mayor Ferguson stated that he had received a letter from the Palm Desert High School Basketball Team requesting sponsorship of a $375.00 plaque on its scoreboard. He said he would like to give this to the City Manager for his consideration. With Council concurrence, this matter was provided to the City Manager's office for consideration of the $375 request. o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilman Crites reported on a proposal being utilized in Australia, a process for "autoclaving" refuse. He said the County is soliciting RFP's due December or January to review a variety of solutions for Edom Hill. 2. Parks & Recreation Commission (Councilman Robert A. Spiegel). Councilman Spiegel reported on the following items from the Parks & Recreation Commission: a) The Commission reviewed signage for the entrance to Homme/Adams Park (he provided a draft copy to his colleagues). Further, he said the guard rail along the channel was being researched for installation and cost; proposals were being obtained for removal of the leftover palm Togs; vehicle/pedestrian hardscapes for channel road being researched; access road dust mitigation work being coordinated with CVWD. b) Commission also considering expansion of the Civic Center Park facilities into the vacant area south of the Date Grove with the installation of a couple more picnic pavilions, a Bocce Ball court, Horseshoe Court, and another restroom facility. c) Responding to question about this year's Legends Field artwork, Councilman Spiegel said the panel had come in 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 but was cracked, and it is in the process of being redone, to be returned within the next two weeks. He added that they were working with Johnny Bench for next year. d) New skateboard park to be open in November. e) Proposals for the Teen Center were being obtained for Parks & Recreation Commission consideration, and he would hopefully have something more to report by December. f) Cahuilla Hills Hiking Trails design consultant would be providing trail options for review in November. 3. Riverside County Transportation Commission (Mayor Pro-Tempore Richard S. Kelly). Mayor Pro-Tem Kelly stated that he and Mark were working to hold on to funding for Eastern Riverside County projects. 4. Report on FBI Crime Statistics (Mayor Jim Ferguson). Mayor Ferguson stated that the FBI had come out with its annual crime statistics, and Palm Desert had realized a 4% reduction overall in major crimes this year (e.g. murder, forcible rape, robbery, aggravated assault, burglary, larceny, auto theft). Palm Desert was number one in Riverside County with the largest drop in crime of any city. There was also a 42% reduction in residential robberies last year. 5. Waste Management (Mayor Jim Ferguson). Mayor Ferguson noted that Ms. Deborah McGarrey had been named Director of Municipal Marketing for Waste Management, and he congratulated her. XIII. ORAL COMMUNICATIONS None 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 25, 2001 XIV. ADJOURNMENT With City Council concurrence, Mayor Ferguson adjourned the meeting at 8:40 p.m. ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 28