HomeMy WebLinkAbout2003-02-13MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 13, 2003
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:00 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:
Justin McCarthy, Acting City Manager
— David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Amir Hamidzadeh, Director of Building & Safety
Rachelle D. Klassen, City Clerk
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Teresa L. La Rocca, Director of Housing
Michael Errante, Acting Director of Public Works/City Engineer
David Yrigoyen, Director of Redevelopment
Robert P. Kohn, Director of Special Programs
III. ORAL COMMUNICATIONS - A
MR. BILL SWANK, La Quinta, on behalf of R. D. Olson and himself, addressed the
City Council and Redevelopment Agency Board to request an extension to the
Exclusive Negotiating Agreement between the Redevelopment Agency and
Messrs. Olson and Swank so that they might continue working to bring a hotel
proposal forward. Responding to question, he asked for four months' time with
some milestone dates, like every 30 or 45 days. Further, he said not obtaining an
extension would hamper the efforts they've made to date; exclusive rights make the
process less confusing in that only a couple of people are making the contacts with
hotel representatives instead of several. Additionally, the financing issue was of
concern; equity was not the problem but debt financing was. He said no other
change to the arrangement was being requested; it was their intent to bring a five-
star hotel forward, affirming that the Mandarin was one being considered.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: Lease Property - Parkview Professional Office Complex,
73-710/720 Fred Waring Drive, Palm Desert
Negotiating Parties:
Agency: Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: State of California, Dept. of General Services
Coachella Valley Mountains Conservancy
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - Parkview Professional Office Complex,
73-710/720 Fred Waring Drive, Palm Desert
Negotiating Parties:
Agency: Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: State of California, Dept. of Food & Agriculture
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Renee Capela v. City of Palm Desert, et al., Riverside County Superior
Court Case No. INC 021720
b) Ken Weller v. City of Palm Desert, et al., Riverside County Superior Court
Case No. INC 025659
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Upon motion by Kelly, second by Crites, and unanimous vote of the Council, Mayor
Benson adjourned the meeting to Closed Session at 3:06 p.m. She reconvened the
meeting at 4:02 p.m.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
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 - Mayor Pro-Tempore Robert A. Spiegel
VIII. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENT OF THE PALM DESERT YOUTH COMMITTEE.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, appoint Michelle Stein,
Courtney Lingle, Kayleigh Hyde, and Erika McQuillen to the Palm Desert Youth Committee.
Motion was seconded by Ferguson and carried by a 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 23, 2003.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 172-A, 173, 177, 178, 179, 182, 176PDOC, and 185PDOC.
Rec: Approve as presented.
C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for the
Month Ending December 31, 2002 (Joint Consideration with the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Edmund M. Pfeffer and Fergus A. McEleney for Durty Nelly's Irish Bar &
Restaurant, 72-286 Highway 111, Suite J3 & J4, Palm Desert.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by C V Food
Services, Inc., for La Spiga Ristorante Italiano, 73-405 El Paseo, Suite 33D,
Palm Desert.
Rec: Receive and file.
E. MINUTES of City Committee and Commission Meetings.
1. Entrada del Paseo Steering Committee Meeting of December 19,
2002.
2. Investment & Finance Committee Meeting of December 18, 2002.
3. Public Safety Commission Meeting of November 13, 2002.
Rec: Receive and file.
F. RESIGNATION of Dave Hagthrop from the Public Safety Commission.
Rec: Receive with very sincere regret.
G. REQUEST FOR APPROVAL of Contract Renewal for Employee Health
Benefits Consulting Services (Contract No. C19451).
Rec: By Minute Motion, approve renewal of the subject contract with
Health Insurance Network, Palm Desert, California, for an annual total
amount of $11,700.
H. REQUEST FOR APPROVAL of Contract for Audit Services for the City of
Palm Desert, Palm Desert Redevelopment Agency, Desert Willow Golf
Resort, Palm Desert Recreation Facilities Corporation, and Palm Desert
Housing Authority for the Fiscal Year Ending June 30, 2003
(Joint Consideration with the Palm Desert Redevelopment Agency and
Palm Desert Housing Authority).
Rec: By Minute Motion, approve the subject contract with Lance, Soil &
Lunghard, LLP, Brea, California.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
I. REQUEST FOR APPROVAL of Actions Relative to Expansion of the
City Library Public Parking Lot
J-1.
Rec: By Minute Motion: 1) Authorize approval of a contract with
Warner Engineering, Palm Desert, California, in the amount of
$10,800 for preparation of the construction drawings and bid
documents for the public parking lot expansion at the Palm Desert
Library (Contract No. C20900A); 2) upon completion, staff review, and
approval of the aforementioned construction drawings, authorize the
City Clerk to advertise and solicit construction bids for the subject
project (Contract No. C20900B) — funds for the project have been
specified in the FY 2002/03 Library Capital Fund Budget (Account
No. 452-4662-454-4001); no additional appropriation is required.
REQUEST FOR AUTHORIZATION to Advertise and Call for Bids, Purchase
Traffic Signal Equipment and Street Name Signs for the Highway 111 Street
Improvements Project (Contract No. C20910, Project No. 635-00).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
J-2. REQUEST FOR AUTHORIZATION to Purchase Traffic Signal Equipment
and Street Name Signs for the Magnesia Falls Drive Widening Project
(Project No. 648-99).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
J-3. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids, Purchase
Traffic Signal Equipment and Street Name Signs for the Portola Avenue
Widening from Alessandro Drive to El Cortez Way (Contract No. C20920,
Project No. 630-99).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. 19620A — Professional Landscape Design Services for Cook Street
Improvements from Frank Sinatra Drive to Gerald Ford Drive
(Project No. 678-01).
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$11,800 to the subject contract with T.K.D. Associates, Inc.,
Palm Springs, California, for additional professional landscape
architectural design services.
L. REQUEST FOR ACCEPTANCE OF WORK, for Contract No. C19990 —
Fred Waring Drive Corridor Park Landscaping (Sierra Landscape Co., Inc.,
Palm Desert, 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.
M. REQUEST FOR TERMINATION. of Contract for Professional Consulting
Services for Analysis and Inventory of Infrastructure Assets for GASB 34
Compliance.
Rec: By Minute Motion: 1) Rescind contract with GK & Associates,
Diamond Bar, California, (Contract No. C20720) for professional
consulting services for analysis and inventory of infrastructure assets
for GASB 34 compliance; 2) authorize staff to enter into contract
negotiations with Omnis, Chino Hills, California, for the subject
professional services (Contract No. C20720A).
N-1. CONSIDERATION of Legislative Review Committee's Recommendation for
Proposed Legislation — AB 67 (Negrete McLeod) — Public Employees'
Retirement Law.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of January 21, 2003, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 67.
N-2. CONSIDERATION of Legislative Review Committee's Recommendation for
Proposed Legislation — SCA 2 (Torlakson) — Transportation Funding.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of January 21, 2003, and direct staff
to prepare a letter of support for the Mayor's signature with regard to
SCA 2.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
N-3. CONSIDERATION of Legislative Review Committee's Recommendation for
Proposed Legislation — AB 89 (Bogh) — Employee Payroll Records.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of January 21, 2003, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 89.
O. REQUEST FOR APPROVAL of Reimbursement of Art In Public Places
(AIPP) Funds for the Milestone Building Located at 72-960 and
72-980 Fred Waring Drive (Homme Property, Applicant).
Rec: By Minute Motion, concur with the recommendation of staff to
reimburse AIPP funds of $4,302.03 to Homme Property for the
Milestone Building project in compliance with placement of approved
artwork.
P. CONSIDERATION of Sponsorship for the 2003 Palm Desert Games
(Senior Olympics).
Rec: By Minute Motion, endorse the concept of the Palm Desert Games, a
regional event sanctioned by the Senior Olympics Committee, and
support it financially in an amount of $26,000 to be appropriated from
the Unobligated General Fund to Account No. 110-4416-414-3061.
Q. REQUEST FOR APPROVAL of Outside Agency Funding (Charitable
Contributions) for Santa Rosa Mountains Visitor Center.
Rec: By Minute Motion, approve and appropriate funds in the amount of
$6,000 for the Coachella Valley Mountains Conservancy/Santa Rosa
Mountains Visitor Center.
R. INFORMATIONAL ITEMS:
1. Report on Palm Springs Unified School District Property Acquisition
2. Update on the Riverside County Palm Desert Financing Authority
Bond Issue
3. Legislative Update Relative to State Budget
4. Update on North Phase Civic Center Carport Structures
Mayor Pro-Tempore Spiegel requested that Items J-1, J-2, and J-3 be removed for
separate consideration under Section XI, Consent Items Held Over.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar
was approved as presented by a 5-0 vote.
XI. CONSENT ITEMS HELD OVER
J-1.
REQUEST FOR AUTHORIZATION to Advertise and Call for Bids, Purchase
Traffic Signal Equipment and Street Name Signs for the Highway 111 Street
Improvements Project (Contract No. C20910, Project No. 635-00).
Mayor Pro-Tempore Spiegel stated that this called for three different
locations for new street signs; one appeared to be at Monterey and Highway
111. He asked if the City had already done this.
Mr. Errante responded that the one at Monterey and Highway 111 had
already been done, but there were three other locations on 111 that needed
to be done. The one mentioned by Mayor Pro-Tempore Spiegel was actually
at Town Center and Highway 111.
Councilman Crites said he had brought forward an idea approximately six to
eight months ago relative to looking at the countdown crosswalk signals
which show how much time is left to cross the street. He asked that staff
return with a report and recommendation.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Authorize the City Clerk
to advertise and call for bids for the subject project within the City limits; 2) authorize staff
to purchase traffic signal controller assembly, poles, mast arms, and street name signs for
the subject project, with staff further requested to return with a report and recommendation
on installation of countdown crosswalk signals. Motion was seconded by Crites and carried
by a 5-0 vote.
J-2. REQUEST FOR AUTHORIZATION. to Purchase Traffic Signal Equipment
and Street Name Signs for the Magnesia Falls Drive Widening Project
(Project No. 648-99).
Mayor Pro-Tempore Spiegel asked when this project would be completed.
Mr. Errante responded that staff anticipated completion of the majority of the
work that would affect the schools in that area prior to commencement of
school in the fall.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, authorize staff to purchase
traffic signal controller assembly, poles, mast arms, and street name signs for the subject
project. Motion was seconded by Ferguson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
J-3. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids, Purchase
Traffic Signal Equipment and Street Name Signs for the Portola Avenue
Widening from Alessandro Drive to El Cortez Way (Contract No. C20920,
Project No. 630-99).
Upon question by Mayor Pro-Tempore Spiegel, Mr. Errante responded that
staff expected completion of this project near the end of Summer 2003
because this is a relatively minor widening project.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Authorize the City Clerk
to advertise and call for bids for the Portola Avenue widening; 2) authorize staff to purchase
traffic signal controller assembly, poles, mast arms, and street name signs for the subject
project. Motion was seconded by Ferguson and carried by a 5-0 vote.
XII. RESOLUTIONS
A. RESOLUTION NO. 03-15 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE
FISCAL YEAR 2002/03 BUDGET AS A RESULT OF MID -YEAR
ADJUSTMENTS.
Mayor Pro-Tempore Spiegel noted that the Parks & Recreation Commission
recommended that the City spend $30,000 to remodel the new Palm Desert
Golf Center. He stated that the Coachella Valley Recreation & Park District
would spend $125,000 for this same renovation. He asked that $30,000 be
added to the mid -year adjustments.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Resolution
No. 03-15, amended to include a $30,000 appropriation for the Parks & Recreation Fund
for renovation of the Palm Desert Golf Center recently acquired by the Coachella Valley
Recreation & Park District. Motion was seconded by Kelly and carried by a 5-0 vote.
B. RESOLUTION NO. 03-16 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THE
AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN
THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE,
RELATING TO ANNEXATION NO. 37 - PALM DESERT GREENS AND
SUNCREST COUNTRY CLUBS TO THE CITY OF PALM DESERT
(LAFCO 2002-37-4).
Councilman Ferguson stated he would abstaining from this matter as he
represents Suncrest Country Club.
Councilman Kelly moved to waive further reading and adopt Resolution No. 03-16.
Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilman Ferguson
ABSTAINING.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1033 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE
NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE
FROM PLANNED COMMERCIAL (REGIONAL) (PC3) TO SERVICE
INDUSTRIAL (S.I.) FOR 2.2 ACRES LOCATED ON THE WEST SIDE OF
PAINTER'S PATH SOUTH OF FRED WARING DRIVE
(72-237 PAINTER'S PATH) Case No. C!Z 02-04 (Valli Architecture Group,
Applicant).
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt Ordinance
No. 1033. Motion was seconded by Kelly and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. CONSIDERATION OF AMENDING THE REDEVELOPMENT PLAN FOR
PROJECT AREA NOS. 1 AND 2.
Mayor Pro-Tempore Spiegel moved to waive further reading and pass to second
reading: 1) Ordinance No. 1035, amending the Redevelopment Plan for Project Area
No. 1, As Amended, of the Palm Desert Redevelopment Agency; 2) Ordinance No. 1036,
amending the Redevelopment Plan for Project Area No. 2 of the Palm Desert
Redevelopment Agency. Motion was seconded by Kelly and carried by a 5-0 vote.
B. CONSIDERATION OF PALM DESERT COMMUNITY GARDEN SIGNAGE.
Councilman Ferguson stated it was his understanding, from meeting with
staff, that one concept was taken to Architectural Review, which completely
redesigned it, and staff was now asking for yet another design. He asked
whether the redesign had gone back to Architectural Review, and staff
responded that it had not. He said he did not care for Architectural Review's
redesign and felt staff did not either.
Management Analyst Frankie Riddle responded that staff had made some
modifications to Architectural Review's design. She said it was her
understanding that it would not have to go back to Architectural Review If
Council approves one of the options.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
Councilman Ferguson said he was curious to see what Architectural
Review's input is on what is now being proposed.
Mrs. Gilligan noted that this matter could be placed on the next agenda for
Architectural Review, with a report back to Council.
Councilman Ferguson moved to continue this matter for 30 days, to the meeting of
March 13, 2003. Motion was seconded by Crites and carried by a 5-0 vote.
C. CONSIDERATION OF REQUEST TO CHANGE ART IN PUBLIC PLACES
(AIPP) GUIDELINES.
Councilman Ferguson asked if the new guidelines addressed concerns
expressed by Councilman Crites relative to artwork on the inside of a building
qualifying as public art.
Mrs. Gilligan responded that the guidelines did address that direction from
Council.
Councilman Ferguson moved to, by Minute Motion, concur with the Art In Public
Places Commission and approve changes to the AIPP Guidelines. Motion was seconded
by Crites and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF SILVER SPUR RANCH UTILITY
UNDERGROUNDING ASSESSMENT DISTRICT NO. 01-01.
Mayor Pro-Tempore Spiegel moved to waive further reading and adopt:
1) Resolution No. 03-17, declaring intent to order improvements for proposed Silver Spur
Ranch Utility Undergrounding Assessment District No. 01-01; 2) Resolution No. 03-18,
approving the preliminary engineer's report for Assessment District No. 01-01 and setting
forth the time and place for the public hearing to conduct property owner balloting for
formation of Assessment District No. 01-01 and the imposition of new assessments subject
to Proposition 218 proceedings. Motion was seconded by Ferguson and carried by a 5-0
vote.
E. REQUEST FOR APPROVAL OF THE INITIATION OF PROCEEDINGS FOR
FORMATION OF LANDSCAPING AND LIGHTING DISTRICTS LOCATED
ON SHEPHERD LANE: BOULDERS, PETUNIA I, PETUNIA II,
SUNDANCE EAST, AND CAIN COMPANIES.
Upon question by Mayor Pro-Tempore Spiegel relative to why there is no
homeowners association, Senior Management Analyst Martin Alvarez
responded that these tracts were under construction and some residents
have already moved in. He said there was no choice and that the districts
need to be formed for these remaining five tracts. He added that all of the
developers were aware that all new tracts will have homeowners
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
associations, and these developers will contribute $5,000 to a capital reserve
fund to assist their districts for any future unforeseen expenses.
Councilman Ferguson questioned Mr. Alvarez's comments that there is no
choice but to form the districts.
Mr. Alvarez responded that if the City were to require the developer to form
a homeowners association, it would require unanimous vote of the property
owners. Because there are some residents who have moved in, it would be
virtually impossible to obtain unanimous approval.
Mr. Spencer Knight added that if the City chose not to form a district, that
would mean the landscape areas that were installed in the project would go
un-maintained, and there would be no clear party responsible for the
maintenance of the common landscaped areas.
Mr. Drell noted that when a Tentative Map is approved, only those conditions
included on that Tentative Map can be implemented. The City cannot
arbitrarily add conditions, although it could try to convince the developer or
the homeowners to do certain things.
Councilman Ferguson stated that perhaps the homeowners who want
landscaping could organize and maintain the landscaping.
Mayor Pro-Tempore Spiegel asked if the homeowners realized that
financially they would be better off doing the landscaping themselves.
Mr. Drell responded that staff could put together a handout listing the pros
and cons and present it to the homeowners.
Councilman Kelly moved to waive further reading and adopt: 1) Resolution
No. 03-19, initiating proceedings for the formation of the Boulders, Petunia I, Petunia II,
Cain Companies, and Sundance East Landscaping and Lighting Districts; and the
concurrent annexation of said districts and territory into the Palm Desert Consolidated
Landscaping and Lighting District; 2) Resolution No. 03-20, approving the preliminary
Engineer Reports regarding the formation of the aforementioned districts; 3) Resolution No.
03-21, calling for a property owner protest proceeding to submit to the qualified property
owners the question of levying such assessments and establishing an assessment range
formula for said districts, and the levy and collection of annual assessment related thereto,
commencing with Fiscal Year 2003/04. Motion was seconded by Benson and FAILED by
a 2-3 vote (Councilman Kelly and Mayor Benson voting AYE; Councilmen Crites and
Ferguson and Mayor Pro-Tempore Spiegel voting NO).
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XV. CONTINUED BUSINESS
A. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 9,
2003 (Continued from the meeting of January 23, 2003).
Mayor Pro-Tempore Spiegel moved to approve the Minutes as presented. Motion
was seconded by Kelly and carried by a 5-0 vote.
B. ORDINANCE NO. 1017 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.20,
2.34, 2.60, 2.64, 2.68, 2.72 OF THE PALM DESERT MUNICIPAL CODE
(AMENDING ORDINANCE NOS. 99, 390, 553, 861, 875, 899, 900, AND
935) RELATIVE TO COMMITTEE/COMMISSION MEMBER
REQUIREMENTS (Continued from the meetings of September 12, 2002, and
January 23, 2003).
Councilman Kelly moved to, by Minute Motion, continue to the second meeting in
March. Motion was seconded by Spiegel and carried by a 5-0 vote.
C. CONSIDERATION OF REPORT AND RECOMMENDATION FROM THE
COMMITTEE/COMMISSION REVIEW SUBCOMMITTEE RELATIVE TO
THE CIVIC ARTS AND PROMOTION COMMITTEES, THE ART IN
PUBLIC PLACES COMMISSION, AND THE SISTER CITIES
SUBCOMMITTEE (Continued from the meetings of November 14, 2002, and
January 23, 2003).
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, continue to the second
meeting in March. Motion was seconded by Kelly and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF THE CREATION OF AN ENTRANCE
SIGN/SCULPTURE FOR THE CITY OF PALM DESERT AT THE
NORTHWEST CORNER OF FRED WARING DRIVE AND
WASHINGTON STREET (CONTRACT NO. C20750) (Continued from the
meetings of December 12, 2002, January 9, and January 23, 2003).
Councilman Ferguson asked to add a representative from the
Planning Commission to the subcommittee.
Mayor Pro-Tempore Spiegel and Mayor Benson volunteered to serve from
the City Council.
Councilman Crites moved to, by Minute Motion: 1) Appoint a subcommittee of two
members of the City Council (Mayor Pro-Tempore Spiegel and Mayor Benson), Chair of
the Art In Public Places Commission, Chair of the Architectural Review Commission, and
President of the Historical Society of Palm Desert, and Chair of the Planning Commission
to work with staff in reviewing a theme for entry signs; 2) continue the matter indefinitely
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to allow time for subcommittee review and recommendation. Motion was seconded by
Kelly and carried by a 5-0 vote.
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO CONTRACT
NO. C19800—FRED WARING DRIVE ROADWAY IMPROVEMENTS FROM
SAN PABLO AVENUE TO DEEP CANYON ROAD.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve Change Order
No. 3 in the amount of $77,489.30 to the subject contract with Granite Construction
Company, Indio, California, and authorize the Mayor to execute same; 2) authorize
expenditure of said funds from the project contingency for the subject contract. Motion was
seconded by Kelly and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING.
B. REQUEST FOR APPROVAL OF PALM DESERT HIGH SCHOOL
ACCESS ROAD PROJECT.
Mrs. Gilligan stated the cost of the project had dropped significantly because
the utility undergrounding work that needed to be done had already been
accomplished. Further, she said that she had met with Mr. Errante, the City's
Acting Director of Public Works, and there is actually money in this year's
budget for this project. While the staff report indicates the project should be
prioritized for next year, staff could accomplish this work over the summer.
She noted that this matter would be before the Desert Sands Unified School
District Board at its meeting of February 18th
Responding to further question, Special Projects Administrator Pat Conlon
commented that the underground conduit is in the ground, all the street work
is done, and Edison crews were cabling it right now. It was expected that the
undergrounding would be completed by June, allowing this project to move
forward over the summer.
Councilman Ferguson moved to, by Minute Motion: 1) Approve the Participation
Agreement for a 50/50 split for funding of the Palm Desert High School access road
(Contract No. C20930), with direction that the project could proceed immediately without
waiting for the FY 2003/04 budget. Motion was seconded by Crites and carried by a 5-0
vote.
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XVII. PUBLIC HEARINGS
A. CONSIDERATION OF APPROVAL OF A PRECISE PLAN OF DESIGN FOR
A SINGLE -STORY BANK AND A TWO-STORY OFFICE BUILDING ON A
2.33 ACRE SITE ON THE NORTH SIDE OF COUNTRY CLUB DRIVE,
450 FEET EAST OF PORTOLAAVENUE, 74-150 COUNTRY CLUB DRIVE
Case No. PP 01-02 Amendment #1 (Sanborn AE, Inc., for Canyon Bank,
Applicant) (Continued from the meeting of December 12, 2002).
Planning Manager Steve Smith reviewed the staff report, noting that at the
December 12 meeting of the City Council, the proposed project included roof
elements above 25 feet and tower elements to 35 feet; both of those areas
of the plan had been revised, and the project now did not exceed 25 feet,
consistent with provisions of the O.P. zone. The applicant also revised the
site plan to increase the front setback from 32 feet to 48 feet. Revised plans
were reviewed by the Architectural Review Commission at its January 14
meeting, and preliminary approval was granted unanimously.
Responding to question, Mr. Smith answered the rear setbacks were 51 feet,
80 feet to the main building. He affirmed that it was a 2:1 slope, noting that
the drawings included a line of site sketch showing the view from the golf
course.
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 Kelly questioned why the project was proposed at two-story
when all of the other developments in the area were single story.
Mr. Drell responded that this project is in the O.P. zone, which allows
two-story buildings pursuant to certain standards. He said if the developer
designs a project within the standards, it was his understanding that it would
be an architectural issue and that the City could not necessarily deny a two-
story project or impose standards that are more restrictive than those.
Mr. Erwin added that his recollection was that this is within the height limit
that is permitted in the zone.
Councilman Ferguson asked if Mr. Erwin was saying the Council had no
choice, and Mr. Erwin agreed.
Councilman Kelly expressed concern with the aesthetics of the Desert Willow
Golf Resort and the blocking of the view of the mountains by this project.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
Upon question by Councilman Crites, Mr. Erwin suggested that the Council
continue this public hearing for two weeks and allow him to look into this
matter.
Councilman Kelly noted that when other two-story projects were considered
by the Council in the Desert Willow area, posts were put up to allow the
Council to see what it would look like with a two-story building, and he asked
if the same could be done with this project.
Councilman Ferguson noted that the City was just about ready to go through
a General Plan update, and he asked if we could also look at what the
appropriate zoning might be along Desert Willow or other locations such as
that.
Councilman Kelly moved to, by Minute Motion, continue the case to the meeting of
February 27, 2003, with staff requested to, in the meantime, place poles that will help
envision the line of site after the proposed project is built and to review zoning regulations
for property adjacent to the Desert Willow Golf Resort. Motion was seconded by Crites and
carried by a 5-0 vote.
B. CONSIDERATION OF APPROVAL OF A PRECISE PLAN OF DESIGN TO
ALLOW THE DEVELOPMENT OF A 70-ACRE SHOPPING CENTER WITH
689,071 SQUARE FEET OF GROSS COMMERCIAL SPACE AND A
TENTATIVE PARCEL MAP TO SUBDIVIDE 70 ACRES INTO 24 PARCELS;
CERTIFICATION OF A DRAFT/FINAL SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT FOR THE PROJECT KNOWN AS "DESERT GATEWAY;"
AN AMENDMENT AND RESTATEMENT TO AN EXISTING
DEVELOPMENT AGREEMENT AS IT RELATES THERETO FOR THE
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
MONTEREY AVENUE/DINAH SHORE DRIVE
(34-000 MONTEREY AVENUE) Case Nos. PP 01-30. TPM 30502. DA 92-3
Amendment No. 1. SEIR (Riley / Carver, LLC; Monterey 170/
Berdan Holdings LLC, Applicants) (Continued from the meeting of
January 23, 2003).
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter. No testimony was offered.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, continue this matter to the
meeting of February 27, 2003. Motion was seconded by Ferguson and carried by a 5-0
vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
C. CONSIDERATION OF APPROVAL OF AN ENVIRONMENTAL
ASSESSMENT AND MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF THE
VISITOR CENTER THREE-MILE LOOP TRAIL ON APPROXIMATELY 260
ACRES EAST OF STATE HIGHWAY 74 AND SOUTH OF THE
SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT
VISITOR CENTER; APPROVAL OF A CHANGE OF ZONE FROM HILLSIDE
PLANNED RESIDENTIAL, DRAINAGE (HPR,D) TO OPEN SPACE,
DRAINAGE (OS,D) FOR 18 ACRES LOCATED NORTHWEST OF THE
INTERSECTION OF THRUSH ROAD AND THE PALM VALLEY STORM
CHANNEL ROAD; APPROVAL OF A PRECISE PLAN AMENDMENT TO
INCORPORATE THE AFOREMENTIONED PROPERTY INTO
HOMME/ADAMS PARK AND TO ALLOW CONSTRUCTION OF A TRAIL
SYSTEM LINKING HOMME/ADAMS PARK AND CAHUILLA HILLS PARK
Case Nos. C/Z 03-01. PP 01-01 A (City of Palm Desert, Applicant) (Continued
from the meeting of January 23, 2003).
Mr. Drell reviewed the staff report, noting that staff had received via e-mail
a biological opinion from the United States Fish & Wildlife Service, and it was
generally positive toward the proposal. However, since Council had not had
an opportunity to review the opinion, he recommended that the public hearing
be continued for two weeks.
Mr. Erwin added that he also had not had an opportunity to review the
document. He had a concern with the document and hoped that concern
could be satisfied during the two -week continuance.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter.
MR. ARTHUR SWANSON, 9021 Lake Washington Blvd., NE, Bellevue,
Washington, urged the Council to resist the ongoing pressure from Jim
DeForge and the Bighorn Institute in forcing horse riders, dog walkers, and
everyone else away from the breeding pens. He commended the City for
increasing the trail program and urged the Council not to succumb to
additional pressure to force people from areas where they are not bothering
the sheep pens that were initially put there for scientific purposes of
distancing the sheep who were diseased.
Councilman Crites noted that the trails the City is looking to build are trails
that the Council thinks will be valuable to the citizens and the City. He
assured Mr. Swanson that he believed the City was determined to do what
is fair, reasonable, and equitable and would not be blackmailed.
Councilman Ferguson noted that the Bighorn Institute made several
demands and threats to the City of Palm Desert based in the name of
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
science. Now that they City had actually sent this out for a biological consult
with the scientists charged with protecting the sheep, there was no scientific
basis for harm to the sheep with the City's proposed trails, at least from what
he had read thus far of the biological opinion.
Mr. Drell stated that the proposal before Council tonight would result in no
dogs being allowed in that area. This was the enforcement of the existing
prohibition which has technically been in effect for at least a year but not
rigidly enforced of dogs on the BLM property.
Councilman Ferguson moved to continue this matter to the meeting of
February 27, 2003. Motion was seconded by Spiegel and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN AND A
DEVELOPMENT AGREEMENT FOR A 36-UNIT APARTMENT COMPLEX
KNOWN AS PALM VILLAGE APARTMENTS, LOCATED AT
73-610 SANTA ROSA WAY Case Nos. PP 02-16 and DA 02-02
(Palm Desert Redevelopment Agency, Applicant).
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this request. With no testimony offered, she declared the
public hearing closed.
Mayor Pro-Tempore Spiegel said he and Mayor Benson had visited this
property earlier in the week. This development was directly across the street
from the transitional housing being used by Shelter From The Storm. He felt
it would be a great addition to the City.
Mayor Pro-Tempore Spiegel moved to waive further reading and: 1) Pass Ordinance
No. 1037 to second reading, approving Development Agreement No. 02-02; 2) adopt
Resolution No. 03-23, approving Precise Plan 02-16, subject to conditions attached.
Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Kelly
ABSTAINING, as he was out of the room during discussion.
E. CONSIDERATION OF APPROVAL OF A PRECISE PLAN OF DESIGN FOR
A 32,910 SQUARE FOOT OFFICE/INDUSTRIAL BUILDING, A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT, AND AN AMENDMENT
TO DEVELOPMENT AGREEMENT 97-2, ALLOWING SERVICE
INDUSTRIAL USES IN PLANNING AREA 2 OF THE WONDER PALMS
MASTER PLAN Case Nos. PP 02-20 and DA 97-1 Amendment #1
(Prest / Vuksic Architects, Applicant).
Planning Technician Tony Bagato reviewed the staff report and offered to
answer any questions.
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Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this project. With no testimony offered, she declared the
public hearing closed.
Councilman Kelly moved to waive further reading and: 1) Pass Ordinance No. 1038
to second reading, approving the amendment to Development Agreement No. 97-2;
2) adopt Resolution No. 03-24, approving Precise Plan 02-20 and a Negative Declaration
of Environmental Impact, subject to conditions attached. Motion was seconded by Crites
and carried by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
1. Mrs. Klassen reminded the City Council of two Study Sessions
scheduled for Friday, February 14, 2003, at 8:30 a.m. to Discuss
Issues of a) Desert Gateway project; b) Council Chamber Atrium;
c) Administrative Area Renovation, and one on Friday, February 21,
2003, at 9:00 a.m. to receive an update on the status of projects for
the FY 2002/03 Budget and begin to plan for the FY 2003/04 Budget.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Consideration of Request from the Riverside County Tobacco
Coalition — Regulation of Tobacco Retailers
(Mayor Jean M. Benson).
Mayor Benson noted she had a packet from the Health
Department requesting that the Council look at licensing
tobacco retailers in the City of Palm Desert. She asked that
the City Attorney review the request and return with a report.
With City Council concurrence, the City Attorney was asked to review the request
and return with a report.
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2. Consideration of Rescheduling the Second Meeting in March
in Order for City Officials to Participate in the Annual
Legislative Appreciation Dinner in Sacramento on Thursday,
March 27, 2003 (Mayor Jean M. Benson).
With City Council concurrence, staff was directed to make an evaluation of the
number of items that required action at meeting in March, and if the volume and/or priority
warranted, the meeting could be adjourned to the next regular meeting, April 10, 2003.
3. Consideration of Proposed Utility Exit Fee for Private Solar
Energy Production (Councilman Buford A. Crites).
Mayor Pro-Tempore Spiegel moved to add this item to the Agenda. Motion was
seconded by Ferguson and carried by a 5-0 vote.
Councilman Crites stated that this matter was on the Agenda
for the Energy & Environment Committee today, and the
Committee unanimously moved to send a letter of opposition
to be signed by the Chair to the Public Utilities Commission
(PUC) opposing the Utility Exit Fee. He said the PUC was
being asked by Edison to put a $.02 to $.05 per kilowatt hour
exit fee charge on any homeowners who produce solar energy.
That would make their solar energy costs higher than if they
purchased their energy from Edison. He asked the Council to
authorize staff to draft a letter to the PUC for the Mayor's
signature opposing the Utility Exit Fee.
Councilman Kelly moved to, by Minute Motion, authorize staff to draft a letter to the
Public Utilities Commission for the Mayor's signature, opposing the Utility Exit Fee. Motion
was seconded by Spiegel and carried by a 5-0 vote.
4. Consideration. of Request from the Sister Cities
Ixtapa-Zihuatanejo Committee for Trip to Discuss Collaborative
Issues and the Sister City Relationship (Councilman Buford A.
Crites).
Mayor Pro-Tempore Spiegel moved to add this item to the Agenda. Motion was
seconded by Ferguson and carried by a 5-0 vote.
Councilman Crites stated that the Subcommittee had met
recently, and there were a number of specific collaborative
issues that it wished to move forward with Ixtapa-Zihuatanejo.
He said there was a new Mayor of this municipality, and the
Committee wanted to make sure that Mayor was going to be
on board, acting, and participating to bring the city along. The
Committee was also working together with Rotary to be
represented on a visit down there in terms of a fire truck,
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medical equipment from Eisenhower Medical Center, etc. He
said very good rates had been secured through Sister Cities
connections with Aeromexico as well as with hotels. He
requested a $2,500 appropriation to send four individuals,
including Sister Cities Subcommittee Member Rose Mary
Ortega and staff liaison Donna Gomez.
Councilman Crites moved to, by Minute Motion, approve the requested trip for four
representatives, including Sister Cities Subcommittee Member Rose Mary Ortega and staff
liaison, Donna Gomez, and appropriating funds for same in the amount of $2,500. Motion
was seconded by Spiegel and carried by a 5-0 vote.
o City Council Committee Reports:
1. Waste Management Conversion Project — Solid Municipal
Waste at Edom Hill (Councilman Buford A. Crites).
Councilman Crites said Waste Management had brought
forward a draft request for information on conversion
technologies for a possible conversion project for solid
municipal waste at the Edom Hill transfer station. There was
now a month for all of the various municipalities to look at it
and see what things they would add, subtract, and change. He
said he would like to forward this to staff so they have an
opportunity to comment on this document. He said it would
then be taken back in March for discussion at the Energy &
Environment Committee meeting, to then be forwarded to the
Executive Committee.
2. Designation of City Bird, Possibly City Tree — (Councilman
Buford A. Crites).
Councilman Crites noted a letter from Kurt Leuschner dated
June 19, 2001, which had been forwarded to staff relative to
designation of a City Bird and possible City Tree. He provided
the letter to the City Manager and asked for review and
recommendation by staff.
o City Council Comments:
None
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REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 13, 2003
XIX. ADJOURNMENT
Upon motion by Crites, second by Spiegel, and a 5-0 vote of the Council, Mayor
Benson adjourned the meeting at 5:09 p.m.
ATTEST:
RACHELLD. KLASSEN, Ct"TY CLERK
2CITY OF PALM DESERT, CALIFORNIA
TAT—
M. BENSON, MAYOR
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