HomeMy WebLinkAbout2003-01-23MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 23, 2003
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:05 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:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
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
David Yrigoyen, Director of Redevelopment
Robert P. Kohn, Director of Special Programs
Mark Greenwood, Engineering Manager
III. ORAL COMMUNICATIONS - A
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2003
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
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
Conference with Legal Counsel regarding significant potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 1
Upon motion by Ferguson, 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.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE - Mayor Jean M. Benson
VII. INVOCATION - Councilman Richard S. Kelly
VIII. ORAL COMMUNICATIONS - B
MR. JURAJ FABIAN, San Jose, CA, introduced himself, stating he was currently
visiting the area, and he commended the City Council for developing such a
beautiful city.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 23, 2003
— IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE PAUL BACHAR, JR., FOR HIS
SERVICE TO THE CITY OF PALM DESERT AND ITS
TECHNOLOGY COMMITTEE.
Mr. Bachar was unable to attend.
B. PRESENTATION TO THE PALM DESERT CITY COUNCIL BY
QUEEN SCHEHERAZADE AND HER COURT AS AMBASSADORS OF THE
2003 RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL.
Queen Scheherazade (Kymberle Creson) and Princesses Dunyazade
(Carina Rojo) and Jasmine (Noelle Waits) addressed the City Council,
inviting all to the upcoming Fair and presenting lapel pins for this year's
event.
C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES
FOR EXCEPTIONAL SERVICE.
The following City employees were recognized for exception service:
Brad Chuck, Page Garner, Sergio Rosas, Lauri Aylaian, Ricardo Torres, and
Dave Yrigoyen.
D. PRESENTATION TO THE CITY COUNCIL REGARDING THE "TIP"
(TRAUMA INTERVENTION PROGRAM).
Mrs. Gilligan noted the staff report and recommendation in the packets and
stated that Ms. Aurora Kerr would make a presentation relative to this
program. She noted that the Public Safety Commission had recommended
approval.
Ms. Aurora Kerr, Director of Human and Community Resources with
Coachella Valley Association of Governments, presented this program to the
Council and requested the City's financial participation to create a Coachella
Valley Traumatic Intervention Program (TIP). She noted that Palm Desert's
contribution would be $4,938.60; thus far, the Cities of Desert Hot Springs,
Coachella, and Indian Wells had approved financial contribution to create this
local chapter.
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The TIP Coordinator for the City of Corona also made a brief presentation
regarding this program. She offered to answer any questions.
Councilman Kelly moved to, by Minute Motion, concurred with the recommendation
of the Public Safety Commission for participation in the Valley -wide Trauma Intervention
Program in an amount not to exceed $5,000 and appropriate said funds for this purpose.
Motion was seconded by Spiegel and carried by a 5-0 vote.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of January 9, 2003.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 156, 159, 163, 166, 167, 168, 162PDOC, and 171PDOC.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#5011 by Christopher Walker 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 (#5021 by Donald E. Perkins in the Amount of
$1,080.98.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D-1. AUDITED FINANCIAL REPORTS for the City of Palm Desert for the
Fiscal Year Ending June 30, 2002.
Rec: Receive and file.
D-2. AUDITED FINANCIAL REPORTS for Desert Willow Golf Resort for the
Fiscal Year Ending June 30, 2002.
Rec: Receive and file.
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D-3. AUDITED FINANCIAL REPORTS for Palm Desert Recreational Facilities
Corporation for the Fiscal Year Ending June 30, 2002.
Rec: Receive and file.
D-4. AUDITED FINANCIAL REPORTS for the City of Palm Desert Measure "A"
Fund for the Fiscal Year Ending June 30, 2002.
Rec: Receive and file.
E. REPORT Pursuant to Section 33080.1 of the Health and Safety Code (Joint
Consideration with the Palm Desert Redevelopment Agency).
Rec: Receive and file.
F-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Jack O. Wise
for Village Lounge, 73-196 Highway 111, Palm Desert.
Rec: Receive and file.
F-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by FFPE LLC for
Pat & Oscar's, 72-840 Highway 111, Suite W465, Palm Desert.
Rec: Receive and file.
G. MINUTES of City Committee and Commission Meetings.
1. Housing Commission Meeting of December 11, 2002.
2. Technology Committee Meeting of September 3, 2002.
Rec: Receive and file.
H. REQUEST FOR APPROVAL of Writing Off Outstanding Invoices and Loan.
Rec: By Minute Motion, approve writing off outstanding: 1) Invoice for
Jacob Black in the amount of $5,307; 2) loan with the City of
Desert Hot Springs in the amount of $5,000.
REQUEST FOR APPROVAL of Hold Harmless Agreement with Owners of
Property Adjacent to the Desert Willow Golf Resort (Contract No. C20840).
Rec: By Minute Motion, approve the subject agreement with Stuart F. Bird
and Esther D. Bird, Palm Desert, California, and authorize the Mayor
to execute same.
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J. REQUEST FOR APPROPRIATION of Funds for Design Services and
Construction of Storm Drain Improvements Along Country Club Drive
((Project No. 604-02).
Rec: By Minute Motion, appropriate $625,000 from the Unobligated
Drainage Fund 232 to Account No. 232-4370-433-4001 for the design
and construction of storm drain improvements at Country Club Drive
and Sagewood Drive.
K. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for
Consolidated Landscape Maintenance Area No. 7 (Contract No. C20850,
Project No. 907-02).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for
bids for the subject project.
L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C17692 — Consolidated Landscape Maintenance Area No. 4
(CMA No. 4).
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$1,900 to the subject contract with Valley Gardening and Landscape,
Palm Desert, California, and authorize the Mayor to execute same for
additional landscape services within CMA No. 4.
M. CONSIDERATION of Request for the Seventh Annual Art & Wine Tour of
El Paseo — February 28, 2003.
Rec: By Minute Motion, approve the request from Soroptimist International
of Palm Desert to fund expenses for the 2003 Art & Wine Tour of
El Paseo in an amount not to exceed $1,300 and appropriate same to
Account No. 110-4416-414-3061.
N. REQUEST FOR APPROVAL of Out -of -State Travel for Risk and Insurance
Managers (RIMS) Annual Conference & Exhibition.
Rec: By Minute Motion, approve the subject request for the Risk Manager's
participation in the subject event in Chicago, Illinois, April 7-10, 2003 —
funding is available in Account No. 110-4260-422-3120.
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O. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Removed for separate consideration under Section XI, Consent Items
Held Over. Please see that portion of the Minutes for discussion and
action.
2. Update on Preparation of NEPA/CEQA Documents for the
Homme/Adams and Visitor Center Trails.
3. Report on the former Shell Station — Highway 74/Monterey Avenue
Removed for separate consideration under Section XI, Consent Items
Held Over. Please see that portion of the Minutes for discussion and
action.
Councilman Ferguson asked that Item A be removed for separate consideration
under Section XI, Consent Items Held Over. Councilman Crites removed Item 0-1, and
Mayor Pro-Tempore Spiegel removed Item 0-3.
Upon motion by Kelly, second by Spiegel, the remainder of the Consent Calendar
was approved as presented by a 5-0 vote.
XI. CONSENT ITEMS HELD OVER
A. MINUTES of the Regular City Council Meeting of January 9, 2003.
Mrs. Klassen noted there had been some unforseen computer problems, and
she asked that this item be continued to the next meeting.
Councilman Ferguson moved to continue this matter to the meeting of February 13,
2003. Motion was seconded by Kelly and carried by a 5-0 vote.
O. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
Councilman Crites noted that Desert Crossing Shopping Center was
apparently being sold, and there would now be a local management
team. He said he thought this might be the appropriate time to have
staff work with the new owners in terms of the deficiencies over the
years with the landscaping, trees, etc.
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Councilman Crites moved to receive and file this report, with staff requested to work
with the new owners of the Desert Crossing Shopping Center in order to cure deficiencies
in landscaping, trees, etc., that have been of concern to date. Motion was seconded by
Spiegel and carried by a 5-0 vote.
3. Report on the former Shell Station — Highway 74/Monterey Avenue
Mayor Pro-Tempore Spiegel expressed concern with the fence
surrounding this former Shell Station falling down on the south side.
He asked that staff and perhaps the Police Department monitor the
site to ensure its security.
Councilman Crites moved to receive and file this report, with staff directed to monitor
the site to ensure its security, including maintenance of the fencing. Motion was seconded
by Spiegel and carried by a 5-0 vote.
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1032 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO THE AGE LIMITS CONTAINED IN THE DEVELOPMENT
AGREEMENT RELATED TO THE SENIOR APARTMENT PROJECT
(VILLAS ON THE GREEN) LOCATED AT 77-120 CALIFORNIA DRIVE
Case No. PP/CUP 99-5 (Raymond T. Troll, Applicant).
Councilman Kelly moved to waive further reading and adopt Ordinance No. 1032.
Motion was seconded by Spiegel and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. CONSIDERATION OF PROPOSED HIGHWAY 111 SIGNALIZED
INTERSECTION NUMBERING SYSTEM.
Mr. Ortega noted the staff report and recommendation in the packets.
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Councilman Crites moved to, by Minute Motion: 1) Approve the Highway 111
Signalized Intersection Numbering System concept as presented by the Coachella Valley
Association of Governments (CVAG); 2) authorize staff to work with CVAG for sign
placement along the City's portion of Highway 111 intersections once a unanimous decision
is reached by all affected jurisdictions. Motion was seconded by Spiegel and carried by a
5-0 vote.
B. CONSIDERATION OF REQUEST FOR FUNDING FROM THE
FRANK SINATRA INVITATIONAL GOLF TOURNAMENT.
Mr. Ortega noted the report in the packets.
Upon question by Mayor Benson, Mrs. Gilligan stated that the request was
for $100,000; however, staff was recommending funding in the amount of
$25,000.
Upon question by Mayor Pro-Tempore Spiegel relative to participation by
IROC, Mr. Ortega responded that he had asked that IROC consider this, and
they would be getting back to him with a response.
Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the request in the
amount of $25,000, subject to conditions set forth in the staff report dated January 23,
2003. Motion was seconded by Kelly and carried by a 5-0 vote.
C. REQUEST FOR AUTHORIZATION TO EXCHANGE LAND BETWEEN THE
CITY OF PALM DESERT AND THE PALM DESERT
REDEVELOPMENT AGENCY FOR THE PURPOSE OF CONSTRUCTING
A CLUBHOUSE FOR BOTH CATALINA GARDENS AND
PUEBLOS APARTMENTS, AND POTENTIAL EXPANSION OF THE
JOSLYN SENIOR CENTER PARKING LOT (JOINT CONSIDERATION
WITH THE PALM DESERT REDEVELOPMENT AGENCY).
Director of Housing Teresa LaRocca noted the staff report in the packets and
offered to answer any questions.
MR. MICHAEL BARNARD, Joslyn Senior Center, asked that the Council
approve this project, which would allow a much -needed expansion of the
Center's parking lot by 25 spaces.
Mayor Pro-TemNice Chairman Spiegel moved to, by Minute Motion, authorize the
subject land exchange as described in the Exchange Agreement between the
Redevelopment Agency and the City (Contract No. R20860). Motion was seconded by
Kelly and carried by a 5-0 vote.
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XV. CONTINUED BUSINESS
A. 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 meeting of September 12, 2002).
Councilman Crites moved to continue this matter to the meeting of February 13,
2003. Motion was seconded by Spiegel and carried by a 5-0 vote.
B. 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 meeting of November 14, 2002).
Councilman Crites moved to continue this matter to the meeting of February 13,
2003. Motion was seconded by Spiegel and carried by a 5-0 vote.
C. REQUEST FOR APPROVAL OF ARTISTS SELECTED FOR PUBLIC ART
AT THE FRED WARING DRIVE CORRIDOR PARK (Continued from the
meetings of December 12, 2002, and January 9, 2003).
Mr. Ortega stated that staff's recommendation was to continue both this item
and the following item to the meeting of February 13, 2003.
Mrs. Gilligan noted that several of the Councilmembers had visited the site
earlier that day.
Councilman Ferguson stated that they were able to address this item,
although they had not yet gotten to Item D below. He said they had looked
at the proposed artwork as well as a new piece of art, which was not
available when the Art In Public Places (AIPP) Committee originally approved
the original artwork. He felt this new piece was spectacular and would be
worth sending back to AIPP to look at the alternative art and make a
recommendation on potential placement of both the agave and the piece
entitled "Dancers."
Councilman Crites agreed.
Councilman Crites moved to, by Minute Motion, approve referring back to the Art In
Public Places Commission for consideration and recommendation on: 1) Proposal for the
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alternate metal agave plant art piece; 2) potential placement of both the agave and the
piece entitled "Dancers." 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, and January 9, 2003).
Councilman Crites moved to, by Minute Motion, continue to the meeting of
February 13, 2003. Motion was seconded by Spiegel and carried by a 5-0 vote.
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF DESIGN CONCEPT FOR COUNCIL
CHAMBER ATRIUM (CONTRACT NO. C17180. PROJECT NO. 595-98).
Councilman Crites moved to continue this matter until after a Study Session has
been held on this project. Motion was seconded by Kelly and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO RENOVATION
OF THE FIRE CLIFF COURSE (NORTH) COMFORT STATIONS AT
DESERT WILLOW GOLF RESORT (CONTRACT NO. C20610).
Mr. Ortega reported that the subject matter of business was a request for
ratification of the City Manager's action to award a contract for the project so
that it could be completed during overseeding of the Fire Cliff course. The
work was now complete, and he recommended approval.
Councilman Crites moved to, by Minute Motion: 1) Ratify the cost of the subject
project in the amount of $82,500; 2) approve Change Order No. 1 in the amount of $500
to the subject contract with Al Durrett Construction, Palm Desert, California, for upgrade
materials; 3) accept the work as complete and authorize the City Clerk to file a Notice of
Completion for the subject project. Motion was seconded by Spiegel and carried by a 4-0
vote, with Councilman Kelly ABSENT.
C. REQUEST FOR CONSIDERATION OF RENOVATION OF CERTAIN
AREAS OF THE COMMUNITY SERVICES BUILDING OF THE
PALM DESERT CIVIC CENTER.
Mr. Ortega noted that the report was presented in the packets, and
Mrs. Gilligan was available to answer questions. He offered that the City
Council may want to reserve a 30-minute Study Session in order to become
more familiar with the proposed renovations.
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Mayor Pro-Tempore Spiegel moved to refer the matter to a Study Session.
In answer to Councilman Ferguson's question, Mrs. Gilligan responded that
the subject request represented the only area of City Hall offices that hadn't
been upgraded, the Administration Area. Therefore, it was being proposed
along with a response to the Council's request that Human Resources offices
have more privacy; both of the solutions presented would provide for such
renovation.
The motion was seconded by Mayor Benson and carried by a 5-0 vote.
XVII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF AMENDMENT OF A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE PALM DESERT
REDEVELOPMENT AGENCY AND INTRAWEST RESORT OWNERSHIP
CORPORATION (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY) (Continued from the meeting of January 9,
2003).
Mr. Yrigoyen reviewed the staff report, noting the finding that there is no
change with regard to the rate or the dollars to transfer the property, and it
is market value transfer. He said the agreement called for a redoing of the
schedule for payments with regard to the project amenity fee, annual access
fee, and One Time Access Fee (OTAF).
Councilman/Member Ferguson asked if the City would have the ability to talk
to third parties who may be interested after December 31, 2003, in doing
timeshares. Mr. Yrigoyen responded that the City has the ability to negotiate
and enter into an agreement; they just cannot go timeshares until the end of
the Seventh Payment Period.
Mayor/Chairman 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-TemporeNice Chairman Spiegel moved to waive further reading and
adopt: 1) City Council Resolution No. 03-3, approving the amendment of a Disposition and
Development Agreement, which provides for the disposition of property by the Palm Desert
Redevelopment Agency to Intrawest Resort Ownership Corporation for development
pursuant to the Redevelopment Plan for Project Area No. 2; 2) Redevelopment Agency
Resolution No. 461, approving the amendment of a Disposition and Development
Agreement, which provides for the disposition of property by the Palm Desert
Redevelopment Agency to Intrawest Resort Ownership Corporation for development
pursuant to the Redevelopment Plan for Project Area No. 2. Motion was seconded by
Ferguson and carried by a 5-0 vote.
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B. CONSIDERATION OF THE INITIATION OF PROCEEDINGS FOR THE
FORMATION OF THE PRESIDENT'S PLAZA I PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT.
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.
Councilman Kelly moved to waive further reading and adopt: 1) Resolution No. 03-7,
initiating proceedings for the formation of the President's Plaza I Property and Business
Improvement District and the levy and collection of assessments, pursuant to provisions
of Part 7 of Division 18 of the California Streets and Highways Code; 2) Resolution
No. 03-8, describing proposed improvements and services and approval of the
Management District Plan, regarding the proposed formation of the subject district;
4) Resolution No. 03-9, approving the Engineer's Report for the President's Plaza I
Property and Business Improvement District, Fiscal Year 2003/04; 5) Resolution No. 03-10,
declaring the City's intention to form the President's Plaza I Business Improvement District
and the levy and collection of assessments, and call for an Assessment Ballot Proceeding
to submit to the qualified property owners within such district the question of establishing
an assessment range formula for such district and levying assessments for such district.
Motion was seconded by Ferguson and carried by a 5-0 vote.
C. 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).
Senior Management Analyst Martin Alvarez noted that he was aware the
Council might wish to continue this matter to a Study Session to have a
meeting with staff and the developer to answer any questions.
Councilman Ferguson said he was led to believe that all of the environmental
responses had not been provided by the developer and that the Council
would not be able to take action at this time to certify the EIR because it was
incomplete.
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Councilman Crites stated that the last time this project was before the
Council, there was a request for extension of the development agreement.
An attorney for one of the proposed tenants told the Council that they could
not possibly then come forward until they started this whole process all over
again. He asked if they were still of that legal opinion.
Mr. Alvarez said it was his understanding that they had spoken with the City
Attorney and that there would be a new development agreement since the
old development agreement had legally expired. That would be before the
Council on February 13th
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter.
MS. ANNA RODRIGUEZ, Riverside County Economic Development Agency,
44-199 Monroe Street, Indio, said her agency owned the property at the
northeast corner of Monroe and Dinah Shore and wished to express its
support of the project with the conditions recommended by the Planning
Commission. She submitted a letter to that effect to the City Clerk.
MR. BILL CARVER, one of the developers of the project, said he felt the idea
of a Study Session was an excellent idea. As far as he was concerned, the
earlier said Study Session could be scheduled the better so that they could
make any necessary changes before the meeting of February 13th
Mayor Pro-Tem Spiegel moved to continue this matter to the meeting of
February 13, 2003. Motion was seconded by Ferguson and carried by a 5-0 vote.
D. CONSIDERATION OF APPROVAL OF A CHANGE OF ZONE FROM
PLANNED COMMERCIAL (REGIONAL) PC (3) TO SERVICE INDUSTRIAL
(SI) AND APPROVAL OF A PRECISE PLAN AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR AN
83,270 SQUARE FOOT SELF STORAGE FACILITY ON A 2.2 ACRE SITE
ON THE WEST SIDE OF PAINTER'S PATH, SOUTH OF
FRED WARING DRIVE (72-237 PAINTER'S PATH)
Case Nos. C/Z 02-04, and PP 02-14 (Valli Architecture Group, 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 request.
MR. STANLEY COOK, Resco Self -Storage, developer of the proposed
project, said they had worked with City staff and the neighbors for a long time
to try and come up with a plan they felt would fit the area. Architecturally,
they worked very hard on this to try and make it appear to be something that
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it is not and have it really fit in with the area. He said he was able to meet
with three of the Councilmembers earlier in the week so they could see the
plan, and he offered to answer any questions.
With no further testimony offered, Mayor Benson declared the public hearing closed.
Councilman Crites moved to waive further reading and: 1) Pass Ordinance No. 1033
to second reading, approving Case No. C/Z 02-04; 2) adopt Resolution No. 03-11,
approving Case No. PP-02-14, subject to conditions. Motion was seconded by Spiegel and
carried by a 5-0 vote.
E. 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).
Mr. Drell stated that a significant issue in the construction of these trails
related to the regulation and access to the trails to hikers with dogs. Part of
the proposal would manage the Visitors Center Loop such that dogs are
prohibited. After the development of the trails at Homme Park and Cahuilla
Park and the linkage between those, there would be an area where dogs
could accompany hikers. He noted a request from the California Department
of Fish & Game, a significant commenting agency, to extend the comment
period at least to the meeting of February 13th. He said there was
controversy revolving around the timing of the closure of the area over at the
Visitors Center to dogs and the opening and timing relative to the opening of
the area at Homme/Adams Park. There were also issues revolving around
whether dogs need to be on a leash when using the trails at Homme/Adams
and Cahuilla Park. He said it was staff's intent to get together between now
and February 13th with all of the various parties and environmental interest
groups to come up with a formula which allows everyone to get enough of
what they want that we can proceed with the trail and the institution of the
management plan. Staff requested that this public hearing be continued to
February 13, 2003.
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Councilman Crites asked if it would be better to continue this for a month
rather than two weeks, given the lateness of the comments received.
Mr. Drell responded that it would actually be three weeks until the Council
meeting of February 13th, and he felt this would be sufficient.
Councilman Ferguson asked if these other agencies and environmental
groups on the Visitors Center Loop had expressed a willingness to work with
us on the Homme/Adams Park Loop and allow humans along with their pets
to use that trail.
Mr. Drell responded that it was his understanding that there was general
agreement that dogs would be allowed on the Cahuilla-Homme Park Loop.
The issue would be on the mitigation measures to ensure that those dogs do
not escape further west into the areas where there are Bighorn Sheep.
Councilman Ferguson said he was given to understand by the City Attorney
that because the City has never taken any action with respect to the property
it owns by the Visitors Center, none of the requirements of NEPA have been
triggered, and the threats from the various groups have no legal basis. He
asked if by approving this the City is taking an action.
Mr. Drell agreed and said that was why it was important to make sure the
action is one the City is confident and comfortable with. He said the City was
not compelled to take any actions. He added that the message he had been
conveying to all the parties was that if the City could not come up with a
formula that works, it would be content to do nothing and wait for these
issues to be resolved as part of the Multi -Species Habitat Conservation Plan,
which has within it a trails program which deals with trails globally.
Councilman Ferguson asked if continuing this would allow the opportunity to
approve the mitigation measures on the Homme Park Loop prior to the
Council taking an action to permanently ban dogs.
Mr. Drell responded that no one would be taking action on this other than the
City. The Multi -Species Plan is still six to nine months away. He added that
creation of the Homme Park/Cahuilla Loop was an essential alternative that
is necessary to implement the management at the Visitors Center. He said
they were two parts of one project, and no action would be taken on one
without action on the other.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this request.
MS. DIANNE TICE, 48-871 No. View Drive, said it was her understanding it
was the Big Horn Institute that was closing that area to dogs. She noted that
she walks this area six days a week with her dog off -leash. She said there
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were very few people who do this, and they always walk to the south of the
Visitors Center. The lambing pens are not even in sight of where she walks,
and she did not think it would be disturbing to the sheep. She asked that
dogs continue to be allowed.
Councilman Crites moved to continue this matter to the meeting of February 13,
2003. Motion was seconded by Ferguson and carried by a 5-0 vote.
F. REQUEST FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT FOR THE PORTOLAAVENUE WIDENING
PROJECT BETWEEN HIGHWAY 111 AND FRED WARING DRIVE
(PROJECT NO. 630-99).
Mr. Ortega noted the staff report in the packets.
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.
Councilman Crites moved to waive further reading and adopt Resolution No. 03-13,
approving the Mitigated Negative Declaration of Environmental Impact for the subject
project. Motion was seconded by Ferguson and carried by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
Councilman Crites moved to add the following two items to the Agenda. Motion was
seconded by Ferguson and carried by a 5-0 vote.
1. Consideration of Appointment of Two City Councilmembers to
Subcommittee with Planning Commissioners for Review of Regulation
of Second Units in Single -Family Residential Zones.
Councilman Ferguson expressed an interest in serving in this
capacity, as did Mayor Pro-Tempore Spiegel.
Councilman Crites moved to, by Minute Motion, appoint Councilman Ferguson and
Mayor Pro-Tempore Spiegel to the subject subcommittee. Motion was seconded by Kelly
and carried by a 5-0 vote.
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2. Consideration of Property Tax Revenue Exchange Between the
City of Palm Desert and County of Riverside, Relating to Annexation
No. 36, The Crest, to the City of Palm Desert.
Mr. Ortega reviewed the resolution and offered to answer any
questions.
Councilman Kelly moved to waive further reading and adopt Resolution No. 03-14,
determining the amount of property tax revenue to be exchanged. Motion was seconded
by Ferguson and carried by a 5-0 vote.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Consideration of City Councilmember Appointments to Various
Committees/Commissions.
Mrs. Klassen reviewed the list of City Council Committee
Appointments and asked that Councilmembers review it and return
any additions/corrections to the City Clerk's Office.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Councilman Ferguson requested an update on the
status/progress of providing an electric vehicle shuttle to move
people back and forth on El Paseo, a service that would
supplement the Shopper Hopper route to the El Paseo
Shopping District.
2. Councilman Crites asked for a report back on any real estate
activity in Palm Desert's north sphere and related to
Palm Springs Unified School District.
3. Councilman Crites requested a report to the City Council
regarding the activities of the Riverside County Palm Desert
Financing Authority.
o City Council Committee Reports:
1. Councilman Crites noted that an excellent 2 x 2 Committee
Meeting had been held with Desert Sands Unified School
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District, its board and staff, and he felt the cooperative effort
was especially worthy of mention. He was glad the many
years of work were paying off, and he thanked his colleague
and City staff for their diligence.
Mayor Benson remarked that Neil Lingle's recent appointment
to the School Board will also be an asset.
Mayor Pro-Tempore Spiegel commented that Mr. Lingle,
however, was not on the 2 x 2 Committee.
o City Council Comments:
1. Mayor Pro-Tempore Spiegel commented on the lecture he
attended last evening at the Palm Desert Library and given by
Councilman Crites. He said it was very well attended and very
informative, especially in that he learned "California" was
named after a book, and that at one time there were over 100
different languages in the state; presently there were 50.
XIX. ADJOURNMENT
— Upon motion by Crites, second by Spiegel, and a 5-0 vote of the Council, Mayor
Benson adjourned the meeting at 5:35 p.m.
M. BENSON, MAYOR
ATTEST:
RA HELLE D. KLASSEN, CITY CLE
CITY OF PALM DESERT, CALIFORNIA