HomeMy WebLinkAbout2003-08-28MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 28, 2003
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:03 p.m.
II. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro-Tempore Robert A. Spiegel
Mayor Jean M. Benson
Also Present:
Homer Croy, Acting City Manager/Executive Director
Stephen P. Deitsch, Assistant City Attorney
Justin McCarthy, ACM for Redevelopment
Rachelle D. Klassen, City Clerk
Amir Hamidzadeh, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Martin Pinon, Director of Human Resources
Spencer Knight, Acting Director of Public Works
David Yrigoyen, Director of Redevelopment
Robert P. Kohn, Director of Special Programs
III. ORAL COMMUNICATIONS - A
None
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
1) Property: Lease Property - Parkview Professional Office Complex,
73-710 Fred Waring Drive, Suite No. 204, Palm Desert
Negotiating Parties:
Agency: Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Arthritis Foundation, Coachella Valley Branch
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - Parkview Professional Office Complex,
73-710 Fred Waring Drive, Suite No. 100, Palm Desert,
Negotiating Parties:
Agency: Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: William S. Bonnheim
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Conference with Legal Counsel regarding significant potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 2
With Council concurrence, Mayor Benson adjourned the meeting to Closed Session
at 3:04 p.m. She reconvened the meeting at 4:04 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites
VII. INVOCATION - Councilman Jim Ferguson
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
VIII. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES
FOR EXCEPTIONAL SERVICE.
The following City of Palm Desert employees were recognized for exceptional
service: Armando Rodriguez, Bashier Ahmad Karimi, Christina Canales,
Cora Sales, and Ryan Gayler.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of July 10, July 24, and
August 14, 2003.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 1, 2, 5, 9, 13, 14, 18, 19, 22, 25, 26, 30, 34, 36, 37, 40, 41, 44, 8PDOC,
12PDOC, 17PDOC, 29PDOC, 33PDOC, 43PDOC, and 47PDOC.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#505) by Valerie Crowder in an Unspecified
Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
C-2. CLAIM AGAINST THE CITY (#515) by Delma Brooks in an Unspecified
Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
C-3. CLAIM AGAINST THE CITY (#517) by Barbara Newmark in an Unspecified
Amount.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
D. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for
June 2003 (Joint Consideration with the Palm Desert
Redevelopment Agency).
Rec: Receive and file.
E-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Pak Inn Buffet,
Inc., 72-600 Dinah Shore Drive, Palm Desert.
Rec: Receive and file.
E-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Daniel Sullivan
and Lisa Sullivan for Dan's Wine Shop, 73-360 Highway 111, Suite 1,
Palm Desert.
Rec: Receive and file.
E-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Schumann Corporation for Wolfgang's Bistro, 77-932 Country Club Drive,
Unit 2-4, Palm Desert.
Rec: Receive and file.
F MINUTES of City Committee and Commission Meetings.
1. Art In Public Places Commission Meetings of June 18, 2003.
2. El Paseo Business Improvement District Meetings of March 20,
May 15, and June 19, 2003.
3. Entrada del Paseo Steering Committee Meeting of June 16, 2003.
4. Investment and Finance Committee Meeting of June 25, 2003.
5. Library Promotion Committee Meeting of May 14, 2003.
6. President's Plaza III Advisory Board Meetings of June 4, and June 25,
2003.
7. Public Safety Commission Meeting of June 11, 2003.
8. Technology Committee Meeting of June 3, 2003.
9. Youth Committee Meetings of May 21, and June 18, 2003.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
G-1. CONSIDERATION of Action Taken by the Legislative Review Committee
Relative to SCR39 (Johnson, Karnette, Knight, and Romero) — Municipal
Utilities.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of July 15, 2003, and direct staff to
prepare a letter of support for the Mayor's signature with regard to
SCR39.
G-2. CONSIDERATION of Withdrawal from the League of California Cities'
Grass Roots Program.
Rec: By Minute Motion, concur with the recommendation made by the
Legislative Review Committee at its meeting of August 19, 2003, and
direct staff to prepare a letter to the League of California Cities,
advising them of the City's withdrawal from the Grass Roots Program
and requesting that they reduce the City's annual dues accordingly.
H. REQUEST FOR APPROVAL of the Citizens On Patrol (COPS) Standard
Practice Manual.
Rec: By Minute Motion, approve the content and format of the proposed
COPS Standard Practice Manual.
I. REQUEST FOR AUTHORIZATION to Reimburse Desert Willow for
Improvements to the Eleventh Tee.
Rec: By Minute Motion, authorize payment to Desert Willow in the amount
of $29,829.91 for improvements to the Eleventh Tee and appropriate
said amount from Account No. 241-4195-495-8092.
J. REQUEST FOR RATIFICATION of the City Manager's Approval of a
Contract for the Desert Willow Golf Resort Website (Contract No. C21710).
Rec: By Minute Motion, ratify the City Manager's approval of the subject
contract with Sitewire Marketspace Solutions, L.L.C., Tempe, Arizona,
in the amount of $14,165 plus quarterly payments of $2,685 for
website services at Desert Willow Golf Resort.
K. REQUEST FOR APPROVAL of Verizon Bill of Sale for the Underground
Telephone Facilities at Silver Spur Ranch (Contract No. C21720).
Rec: By Minute Motion, approve the subject Bill of Sale #R/W 112-547-02
for underground telephone facilities - Silver Spur Ranch Assessment
District #01-01.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
L. REQUEST FOR AWARD OF CONTRACT for the Landscape Design for the
Portola Avenue Widening from San Marino to El Cortez and the Kansas
Street Realignment at Hovley Lane East (Contract No. C21730).
Rec: By Minute Motion: 1) Award the subject contract to TKD Associates,
Inc., Palm Springs, California, in the amount of $21,300; 2) approve
a 10% contingency for the project in the amount of $2,130;
3) authorize the Mayor to execute said agreement — funds are
available in Account No. 400-4614-433-4001.
M. REQUEST FOR EXTENSION of Contract for Lagoon Maintenance at the
Civic Center Park (Contract No. C19071).
Rec: By Minute Motion, approve extension of the subject contract with
Southwest Aquatics, Palm Desert, California, for maintenance of the
Civic Center Park Lagoon for Fiscal Year 2003/04 in the amount of
$17,447 — funds are available in Account No. 110-4610-453-3320.
N. REQUEST FOR APPROVAL of Agreement for Installation and Storage of
Holiday Decorations (Contract No. C19353).
Rec: By Minute Motion: 1) Approve the subject agreement with The
Jarvis Company, Brentwood, California, in the amount of $8,497.85
for the annual holiday decoration installation and storage; 2) authorize
the Mayor to execute said agreement — funds are available in Account
No. 110-4416-414-2190.
O. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C20850 — Consolidated Landscape Maintenance Area No. 7.
Rec: By Minute Motion: 1)Add Sundance West to Consolidated Landscape
Maintenance Area No. 7 at Service Level A; 2) approve Change Order
No. 1 in the amount of $120 per month to add Sundance West to the
subject Consolidated Landscape Maintenance Area and the
corresponding contract with Garza Landscaping, Inc., Indio, California,
and authorize the Mayor to execute said Change Order — funds are
available in Account No. 284-4374-433-3320.
P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20730 —
Sprayed Polyurethane Roofing System Application at Parkview Office
Complex Building Located at 73-710 and 73-720 Fred Waring Drive
(Petronella Roofing Company, Cathedral City, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
Q. CONSIDERATION of Request to Locate the Patriot Sculpture in the
Palm Desert Council Chamber.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
R. REQUEST FOR APPROVAL of the Possession and Consumption of
Alcoholic Beverages in Connection with the September 23, and
November 20, 2003, Receptions to be Held in the North Wing Gallery.
Rec: By Minute Motion, permit the possession and serving of wine in
connection with the receptions to be held in the North Wing Gallery on
September 23, and November 20, 2003.
S. REQUEST FOR RATIFICATION of Out -of -State Travel for Inspection of
Plant Material by Landscape Specialist.
Rec: By Minute Motion, ratify the Mayor's authorization of out-of-town travel
for the City of Palm Desert's Landscape Specialist to inspect desert
plant material near Phoenix, Arizona, proposed for use at
Entrada del Paseo.
T INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
2. Report on Revised Construction Schedule for the Civic Center
Amphitheater Upgrade.
Removed for separate consideration under Section XI, Consent Items
Held Over. Please see that portion of the Minutes for Council
discussion and action.
3. Update on Landscaping & Lighting Districts.
4. Report on the Former Shell Station Located at 73-051 Highway 111.
Councilman Crites asked that Items Q and T-2 be removed for separate
consideration under Section XI, Consent Items Held Over.
Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar
was approved as presented by a 5-0 vote of the Council.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
XI. CONSENT ITEMS HELD OVER
Q. CONSIDERATION of Request to Locate the Patriot Sculpture in the
Palm Desert Council Chamber.
Councilman Crites asked that staff contact Westfield Shoppingtown and
several other places to find an appropriate place for this sculpture rather than
the Palm Desert Council Chamber to allow for greater visibility of the piece.
Councilman Kelly agreed the sculpture needs to be in a more visible location.
Councilman Crites moved to, by Minute Motion, authorize staff to identify and place
the Patriot sculpture in an appropriate location (e.g. one of Palm Desert's shopping centers)
where it will receive the most public visibility. Motion was seconded by Spiegel and carried
by a 5-0 vote.
T. INFORMATIONAL ITEMS:
2. Report on Revised Construction Schedule for the Civic Center
Amphitheater Upgrade.
Councilman Crites noted that the staff reports provides three options,
and he felt the Council should endorse one of those three.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize delaying the
Amphitheater Upgrade until following the 2004 "Summer of Fun" Concert and Movie Series.
Motion was seconded by Crites and carried by a 5-0 vote.
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
None
For Adoption:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF THE INSTALLATION OF
VETERANS CLOCK AT THE PALM DESERT CIVIC CENTER PARK.
MR. DAN LANAGER, President of Palm Desert Rotary Club, P.O. Box 991,
Palm Desert, addressed the Council and spoke in favor of the installation of
the Veterans Clock at the Palm Desert Civic Center Park in recognition of the
veterans who have fought for our freedom.
Upon question by Councilman Crites regarding warranties for the clock, Mr.
Larry Goodwin responded that the clock device was a small pull-out plug, and
this had been reviewed with Public Works staff. He said they had also made
sure the clock will stand up to the desert heat.
MS. CINDA FARRELL, President of Palm Desert Palms to Pines Rotary,
urged Council approval of the clock.
Upon question by Councilman Crites, Ms. Farrell responded that they would
be doing the four-sided rather than two-sided clock.
Councilman Ferguson noted that the City was in the final design stages for
the Freedom Park to honor veterans. He asked if they would consider
placing the clock in a park designed to honor veterans as opposed to the
Civic Center Park.
Ms. Farrell responded that in discussions, it was determined that the Civic
Center Park would be more appropriate. According to staff, there were other
plans for Freedom Park. She said it was hoped to dedicate the clock this
year on Veterans Day. In addition, next year is Rotary International's
Centennial, and both Palm Desert Rotary clubs have committed to funding
and supporting the Veterans Day celebration for the community with the City
of Palm Desert.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve of the installation
and dedication of a 15-foot Veterans Clock, honoring individuals who served in the United
States Military, in the Palm Desert Civic Center Park, with Councilman Kelly and Mayor Pro
Tem Spiegel appointed to a subcommittee to identify an appropriate site for placement and
return to the City Council with their recommendation. Motion was seconded by Crites and
carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
B. CONSIDERATION OF AN APPEAL TO A DECISION BY THE
ARCHITECTURAL REVIEW COMMISSION, REQUESTING APPROVAL OF
A NEW ILLUMINATED SIGN LOCATED AT 73-983 HIGHWAY 111
Case No. SA 03-83 (Sohail Mull, Appellant).
Planning Manager Steve Smith reviewed the staff report in detail, noting that
the Architectural Review Commission denied the applicant's request for a
yellow sign and approved a new sign for the building using the existing can
moved up onto the fascia with the wording "Tribal Rugs & More" in a color
compatible to the existing menu signs (not yellow) and two menu item signs.
He offered to answer any questions.
Councilman Kelly said he felt it would be helpful for the Council to see what
the end product is supposed to look like.
MR. SOHAIL MULL, applicant, addressed the Council and stated that the
yellow sign came from one of his other businesses that was shut down in
Santa Fe, New Mexico, and he requested approval because he already
owned the sign. He noted that his signs were up for five months before a
Code Compliance Officer from the City ever came and said anything to him
about them. He said he had brought photographs of fifteen other businesses
less than one mile from him which all had yellow signs, including five on
El Paseo. He added that he felt he was being singled out by Code
Enforcement.
Councilman Crites asked staff if the applicant was turned down because
Architectural Commission does not like yellow or because the yellow was not
consistent with the other sign colors being used in the building.
Mr. Smith responded that the Architectural Review Commission was
impressed with the professionalism of the menu signs, but they felt the yellow
did not fit in with that part of the proposal.
Mayor Pro Tempore Spiegel asked if he understood correctly that the
applicant was willing to remove most of the signs that are up above and put
up the sign this time below, but he would like them all to be in yellow.
Mr. Mull agreed.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the applicant's
request for yellow signs. Motion was seconded by Kelly.
Councilman Ferguson stated that he would be voting against the motion, not
because of the applicant or anything about his business, but because he
personally did not like the color yellow. He said he had not approved the
yellow signs for other businesses shown by the applicant, and a lot of them
were on State land, which the City does not regulate. He also suspected that
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
a lot of the businesses shown in the photographs had signage which was
grandfathered in when the City incorporated. He added that he deferred to
the judgment of the seven members of the Architectural Review Commission.
Mayor Benson echoed comments by Councilman Ferguson. She said this
had nothing to do with the color yellow, which was one of her favorites.
However, she felt the City's Architectural Review Commission had done a
good job evaluating the issues and allowing the applicant to keep a lot of
what he has.
Mayor Benson called for the vote, and the motion FAILED by a 2-3 vote, with Mayor
Benson, Councilman Crites, and Councilman Ferguson voting NO.
Councilman Kelly noted that of the signs shown by the applicant, he only saw
one that had been actually grandfathered in when the City incorporated, and
there were many that were not grandfathered in. He said if the Council could
see what the sign would look like when completed, perhaps some of the "no"
votes might be changed to "yes" votes. He asked if something could be done
to help this merchant do something he wants to do and still satisfy everyone
else.
Councilman Ferguson stated that the Council did not turn the applicant down,
it simply did not approve his request. That gives the Council plenty of
opportunity to continue this matter to the next meeting in order to give the
applicant a chance to provide a representation of what it will look like when
he is done.
Councilman Ferguson moved to, by Minute Motion, continue this matter to the
meeting of September 25, 2003. Motion was seconded by Crites and carried by a 5-0 vote.
C. REQUEST FOR AWARD OF CONTRACT FOR INSTALLATION OF
FAIRWAY BUNKER SAND AND #5 WASTE AREA RENOVATION AT
DESERT WILLOW GOLF RESORT (CONTRACT NO. C21680).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Award the subject
contract to Candyl Golf Group, La Quinta, California, in the amount of $233,174;
2) authorize the Mayor to execute same; 3) authorize the Director of Finance to set aside
the amount of $23,317.40 as 10% contingency (use of contingency requires additional
action) — funds are available in Account No. 241-4195-495-8092. Motion was seconded
by Crites and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
D. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL A
REQUEST FOR PROPOSALS (RFP) FOR CONSULTING SERVICES
RELATED TO ENHANCING THE CITY OF PALM DESERT'S
COMMERCIAL AND RESIDENTIAL RECYCLING PROGRAMS
(CONTRACT NO. C21740).
Councilman Ferguson noted that he would be recusing himself from the
Chamber for discussion of this item as his law firm represented
Waste Management.
Mr. Kohn reviewed the staff report and offered to answer any questions.
Councilman Kelly said he felt a better job could be done to encourage
residents to recycle.
Councilman Crites agreed but said he could not justify going out and hiring
a consultant at this time. He -said he would rather have staff go back and see
if they can negotiate with Waste Management to undertake those things staff
notes in the staff report, with oversight by the City.
Mayor Pro-Tempore Spiegel moved to continue this matter to the meeting of
September 11, 2003, directing that staff work with Waste Management to explore
opportunities and methods of accomplishing enhanced recycling programs available
through the existing franchise relationship and return to the Council with such a report.
Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson
ABSENT.
E. REQUEST FOR EXTENSION OF CONTRACT FOR CONSOLIDATED
LANDSCAPE MAINTENANCE AREA NO. 6 FOR FISCAL YEAR 2003/04
(CONTRACT NO. C16004, PROJECT NO. 906-02).
Councilman Crites moved to, by Minute Motion, approve of the extension of the
subject contract with Garza Landscaping Inc., Indio, California, in the amount of $88,332.66
and authorize the Mayor to execute same — funds are available in Account
No. 241-4195-495-3320. Motion was seconded by Kelly and carried by a 5-0 vote.
F. REQUEST FOR EXTENSION OF CONTRACT FOR CONSOLIDATED
LANDSCAPE MAINTENANCE AREA NO. 1 FOR FISCAL YEAR 2003/04
(CONTRACT NO. C17663, PROJECT NO. 901-02).
Councilman Crites moved to, by Minute Motion, approve of the extension of the
subject contract with Garza Landscaping Inc., Indio, California, in the amount of
$105,981.41 — funds are available in Account No. 110-4611-453-3370. Motion was
seconded by Kelly and carried by a 5-0 vote.
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G. REQUEST FOR EXTENSION OF CONTRACT FOR CONSOLIDATED
LANDSCAPE MAINTENANCE AREA NO. 3 FOR FISCAL YEAR 2003/04
(CONTRACT NO. C19891, PROJECT NO. 903-02).
Councilman Crites moved to, by Minute Motion, approve of the extension of the
subject contract with Pac West Land Care Inc., Palm Springs, California, in the amount of
$96,754.08 — funds are available in Account No. 110-4611-453-3320. Motion was
seconded by Kelly and carried by a 5-0 vote.
H. REQUEST FOR APPROVAL OF A DEFERRED HOME IMPROVEMENT
PROGRAM LOAN FOR 44-809 CABRILLO, PALM DESERT (Pedro Siordia
and Guadalupe Delgado, Applicants).
Senior Construction Contract Administrator Bryce White reviewed the staff
report, noting that this family of ten individuals had suffered damage to their
home as a result of a fire that destroyed an adjacent residence. They had no
homeowners insurance and could not afford to repair the home. They had
continued to make payments on the home while renting another home close
by. Staff felt the home could be salvaged, and this family would qualify under
the HIP (Home Improvement Program). Staff's recommendation was for
approval of a $50,000 loan. Staff also noted there was $700 in attorney fees
and miscellaneous fees awarded to the City by the applicant, and staff
requested those fees be waived by the Council.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Authorize the subject
Home Improvement Loan in the amount of $50,000 at 3% interest for a term of 45 years,
payable interest only for the first 30 years, from Mr. and Mrs. Pedro Siordia; 2) authorize
waiver of the attorney and miscellaneous fees involved with the case. Motion was
seconded by Kelly and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
None
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XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL TO AN ORDER TO ABATE A
PUBLIC NUISANCE FOR THE DETACHED STRUCTURE LOCATED AT
44-725 SAN JOSE AVENUE Case No. 03-00002773
(Alberto Rojo, Appellant).
Senior Code Compliance Officer Pedro Rodriguez reviewed the staff report
and offered to answer any questions. Upon question by Councilman Crites,
he responded that the appellant had applied for a grant under the City's
Home Improvement Program by telephone on July 18th and was advised he
would qualify under preliminary information given over the phone. As of
today, no application had been filed with the City for such funding.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this request. No testimony was offered, and she declared the
public hearing closed.
Councilman Kelly moved to, by Minute Motion, make a determination and finding
that the detached structure located at 44-725 San Jose Avenue is a prohibited use and a
public nuisance pursuant to Palm Desert Municipal Code Section 8.20.020, and that the
detached structure shall be removed within five days, as reasonable and necessary to
comply with current City Ordinance. Motion was seconded by Crites and carried by a 5-0
vote.
B. REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM OFFICE
PROFESSIONAL TO RESIDENTIAL ESTATES 40,000 FOR THE
PROPERTY LOCATED AT 77-935 DELAWARE PLACE Case No. C/Z 03-07
(Thomas Barnett, Applicant).
Mr. Drell reviewed the staff report and offered to answer any questions.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter.
MR. THOMAS BARNETT, 42675 Wisconsin Avenue, Palm Desert, spoke in
favor of this request.
With no further testimony offered, Mayor Benson declared the public hearing closed.
Councilman Crites moved to waive further reading and pass Ordinance No. 1052
to second reading, approving Case No. C/Z 03-07. Motion was seconded by Ferguson and
carried by a 4-0 vote, with Councilman Kelly ABSENT.
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C. CONSIDERATION OF A REQUEST FOR APPROVAL OF A HEIGHT
EXCEPTION (TOWERS TO A MAXIMUM 57 FEET IN HEIGHT, AND SIGNS
— MOUNTED ABOVE 20 FEET IN HEIGHT) TO ALLOW THE REMODEL AND
EXTERIOR MODIFICATION TO THE FORMER HOUSE TO HOME
BUILDING LOCATED AT 72-700 DINAH SHORE DRIVE
Case No. MISC 03-22 (MCA Architects, Inc., Applicant).
Planning Manager Steve Smith reviewed the staff report and offered to
answer any questions.
Councilman Ferguson asked whether the towers serve any functional
purpose or if they were aesthetic only.
Mr. Smith responded that the functional purpose from the applicant's
perspective was to give the tenants identification, but they had integrated the
tower elements into the rest of the architecture, which was a consideration
at Architectural Review Commission. Upon further question by Councilman
Ferguson, he responded that there would be signage on the towers.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this request.
MR. ED FRANKLIN, a partner in the project, spoke in favor of this request.
He said they did not currently have potential candidates for the building;
however, they felt if they made modifications and could demonstrate to
representatives of retailers what the renovated appearance would be and
what the signage identify would be, they would be able to get them to come
to this location.
Upon question by Councilman Crites relative to line of sight, Mr. Drell
responded that this had not yet been done, but staff could do some photo
studies. Mr. Smith stated that he had met with the architect early on in this
process, and she had done line of sight studies. The requested height was
necessary to have visibility for the lowest of the three signs.
Councilman Ferguson noted that every time there has been a deviation from
the height limit by this degree or more, balloons had been floated, including
with the City's own hotel and the Palm Desert Sports Complex, in order to be
sure it would fit in compatibly. He said he assumed the City wants to help the
developer, and he felt the City should try and come up with something that
assures the developer he will get the visibility he wants and that the City is
not getting excess visibility that it does not need.
Mayor Benson declared the public hearing closed.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
Mayor Pro-Tempore Spiegel said he felt splitting the "big box" into a lot of
separate businesses was a good way to fill the building. He felt the height
could be worked on.
Councilman Kelly agreed the City should do whatever it can to help make this
work.
Councilman Ferguson agreed; however, staff and the Council have not seen
a line of sight study, and he felt this was something that should be done.
Councilman Ferguson moved to continue this public hearing to the City Council
meeting of September 11, 2003. Motion was seconded by Kelly and carried by a 5-0 vote.
NOTE: THE FOLLOWING PUBLIC HEARING ITEM WAS LISTED ON AN AGENDA
ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING.
D. CONSIDERATION OF THE ABANDONMENT OF A PORTION OF PUBLIC
RIGHT-OF-WAY KNOWN AS FAIRHAVEN DRIVE AND
SIERRA VISTA DRIVE, UNDER PROVISIONS OF PART 3, DIVISION 9, OF
THE STREETS & HIGHWAYS CODE OF THE STATE OF CALIFORNIA.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter. With no testimony offered, she declared the
public hearing closed.
Councilman Crites moved to waive further reading and adopt Resolution No. 03-97,
abandoning the subject public right-of-way. Motion was seconded by Spiegel and carried
by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reouests for Action:
1. Councilman Crites remarked that he and his colleagues had
been receiving constituent correspondence regarding traffic on
San Gorgonio and proposals for traffic circles and street
closures. While he was not enthusiastic about street closures,
etc., he observed that a couple of the letters pointed out that a
lack of sidewalks existed. He asked staff to examine where
San Gorgonio fit into the City's sidewalk priorities, especially
where schoolchildren were involved.
In thinking about pedestrian access, Councilman Crites further
commented that the pedestrian/golf cart bridge that provides
access into Desert Crossing (near Target) was not accessible
for the new Neighborhood Electric Vehicle (NEV). Further, it
was noted that there was no curb cut at the bridge to provide
easy access.
Staff was asked to examine the site and find ways to make it
more user friendly.
2. Councilman Crites asked for his colleagues' concurrence that
staff be directed to examine an appropriate policy for
representing the City on all the various agencies/organizations
it is called on to participate (i.e., Joint Powers Authorities, State
and Federal bodies [National Monument Advisory Committee,
Conservancies]). He noted that in some cases only an elected
official participates, in some cases a staff member, or
sometimes both, and he would like staff's recommendation of
what it felt would be best.
o City Council Committee Reports:
None
o City Council Comments:
1. Mayor Pro Tem Spiegel noted that the Palm Desert Chamber
of Commerce's Business Expo will be held on Friday,
September 12, from 4:00 - 8:00 p.m. at the Agua Caliente
Casino, and it's always been a very successful event. He
encouraged his colleagues to check it out.
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 28, 2003
2. Mayor Pro Tem Spiegel went on to report that ACM for
Redevelopment McCarthy informed him that families had
begun moving into the new Hovley Gardens project, and he
congratulated the Redevelopment Agency.
Councilman Kelly recalled that a specific sidewalk project had
been approved for Hovley Gardens, on 42nd Avenue, and he
asked for the status.
Redevelopment Agency Development Manager Lauri Aylaian
reported that design for the sidewalk was nearly complete, and
she anticipated requesting authorization to go to bid at the
meeting of September 11.
3. Mayor Pro Tem Spiegel commented that Business Support
Manager Ruth Ann Moore had worked on a promotional event
for this Labor Day Weekend --a Citywide Weekend Sale where
each major Palm Desert retailer was participating, including all
the stores at Desert Crossing, Circuit City, a Sidewalk Sale
inside Westfield Shoppingtown, as well as The Gardens on
El Paseo. It was expected to be a great event for the City.
He added that in a recent conversation with Westfield's
Manager, he learned that during the month of July, when retail
sales across the country were sagging, Westfield was ahead
by 18%. He believed that the City's investment in the mall was
beginning to pay off.
4. City Council Liaison Reports.
None
XIX. ADJOURNMENT
Mayor Pro-Tempore Spiegel moved to adjourn the meeting at 5:47 p.m. Motion was
seconded by Crites and carried by a 5-0 vote.
ATTEST:
RA6HELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
k I
,e,t.,,,,
M. BENSON, MAYOR
18