HomeMy WebLinkAbout2003-01-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, JANUARY 9, 2003
CIVIC CENTER COUNCIL CHAMBER
1. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:00 p.m.
11. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Jim Ferguson arrived at 4:00 p.m.
Councilman Richard S. Kelly
Mayor Pro-Tempore Robert A. Spiegel
Mayor Jean M. Benson
Also Present:
Homer Croy, Acting City Manager
— David J. Erwin, City Attorney
Sheila R. Gilligan, ACM for Community Services
Justin McCarthy, ACM for Redevelopment
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
Michael Errante, Engineering Manager
Mark Greenwood, Engineering Manager
III. ORAL COMMUNICATIONS - A
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: 43-101 Portola Avenue (APN 622-150-008)
Negotiating Parties:
Agency: Carlos L. Ortega/Joseph S. Gaugush/City of Palm Desert
Property Owner: Ray Elmer Vanalstine and Barbara Vanalstine
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
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
Mayor Pro-Tem Spiegel moved to adjourn the meeting to Closed Session at 3:01
p.m. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson
ABSENT.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
Mayor Benson reconvened the meeting at 4:00 p.m.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Robert A. Spiegel
VII. INVOCATION - Mayor Jean M. Benson
VIII. ORAL COMMUNICATIONS - B
None
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of December 12, and
December 26, 2002.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY Warrant
Nos. 146, 147, 151, 153, and 150PD Office Complex.
Rec: Approve as presented.
C-1. CLAIM AGAINST THE CITY (#4991 by Interinsurance Exchange of the
Automobile Club/Witten in the amount of $715.15.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
C-2. CLAIM AGAINST THE CITY (#500) by Joseph Aaron Nunez in the Amount
of $239.31.
Rec: By Minute Motion, reject the Claim and direct the City Clerk to so
notify the Claimant.
D. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for
November 2002 (Joint Consideration with the Palm Desert
Redevelopment Agency).
Rec: Receive and file.
E-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Kruder Enterprises for Napas Tapas Bar & Bistro, 73-900 El Paseo, #2,
Palm Desert.
Rec: Receive and file.
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E-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Suzanne Harrison for The Bella Luna, 73-375 El Paseo, Q & R, Palm Desert.
Rec: Receive and file.
F. MINUTES of City Committee and Commission Meetings.
1. Entrada del Paseo Steering Committee Meeting of October 25, 2002.
2. Housing Commission Meeting of November 13, 2002.
3. Investment & Finance Committee Meeting of November 20, 2002.
Rec: Receive and file.
G. RESIGNATION from Paul Bachar from the Technology Committee.
Rec: Receive with very sincere regret.
H. REQUEST FOR AWARD OF CONTRACT for the Civic Center/Joe Mann
Dog Park Lighting Upgrade (Contract No. C20590).
Rec: By Minute Motion: 1) Award subject contract to J. Miller Electric, Inc.,
Hesperia, California, in the amount of $33,088 and authorize the
Mayor to execute same; 2) authorize a 15% contingency for the
project in the amount of $4,963.20; 3) appropriate said funds from
Parks and Recreation Fund 430.
I. REQUEST FOR AWARD OF CONTRACT for Professional Engineering and
Design Services for Storm Drain Improvements on Country Club Drive
(Contract No. C20800, Project No. 604-02).
Rec: By Minute Motion: 1) Award the subject contract to NAI Consulting,
Inc., Cathedral City, California, in the amount of $35,965, authorize
the Mayor to execute same; 2) authorize a 10% contingency for the
project in the amount of $3,596 — funds for the project are available in
the FY 2002/03 Budget, Fund 232.
J. REQUEST FOR APPROVAL of Change Order No. 4 to Contract
No. C17270 — Engineering Services for the Design of Fred Waring Drive
Bridge Over the Palm Valley Channel and Street Improvements Between
Highway 111 and Fairhaven Drive (Project No. 651-99).
Rec: By Minute Motion, approve Change Order No. 4 in the amount of
$16,522 to the subject contract with Tetra Tech, Inc., Palm Springs,
California, and authorize the Mayor to execute same — funds are
available in the FY 2002/03 Budget, Account No. 213-4399-433-4001.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C20730 — City of Palm Desert/Parkview Office Complex Sprayed
Polyurethane Foam Roofing Project.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
L. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19230-NB —
Removal and Installation of Flatwork and Installation of Curb at Desert Willow
Golf Resort (Project No. 852-02) (Contreras Construction Company,
Indio, 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 APPROVAL of Amendment to Contract for Professional
Consulting Services for GASB 34 Compliance (Contract No. C20720A).
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
N. REQUEST FOR APPROVAL of Fourth Amendment to Lease Agreement for
the Palm Desert Community Park at Palm Desert Middle School.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
O. REQUEST FOR APPROVAL of Out -of -State Travel for Residential Land
Development Practices Seminar.
Rec: By Minute Motion, approve the subject request for Engineering
Manager's attendance February 6-7, 2003, in Las Vegas, Nevada.
P. REQUEST FOR WAIVER of Fees for the Palm Desert Senior
Softball League 2003 Season.
Rec: By Minute Motion: 1) Waive reservation fees and field preparation
fees associated with the Palm Desert Senior Softball League
2003 Season; 2) approve the payment of $2,760 from the
General Fund to the Coachella Valley Recreation and Park District for
field preparation services.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
Q. REQUEST FOR APPROVAL of Landscape Design for Monterey Avenue
Medians.
Removed for separate consideration under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for discussion and action.
R. INFORMATIONAL ITEMS:
1. Update on Parking Lot at Homme/Adams Park
Councilman Kelly asked that Item N be removed for separate consideration under
Section XI, Consent Items Held Over. Councilman Ferguson removed Item Q, and
Mr. Erwin removed Item M for separate consideration. Staff also asked that Items
C-1 and K also be removed for separate consideration.
Upon motion by Spiegel, second by Crites, the remainder of the Consent Calendar
was approved as presented by a 5-0 vote.
XI. CONSENT ITEMS HELD OVER
C-1. CLAIM AGAINST THE CITY (#499) by Interinsurance Exchange of the
Automobile Club/Witten in the amount of $715.15.
Mrs. Klassen asked that this matter be withdrawn at this time in order to allow
time to review the claim further.
Mayor Pro-Tem Spiegel moved to withdraw this claim from consideration. Motion
was seconded by Crites and carried by a 5-0 vote.
K. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C20730 — City of Palm Desert/Parkview Office Complex Sprayed
Polyurethane Foam Roofing Project.
Mr. Gibson reported that since the posting of the Agenda, in checking with
the consultant retained to provide technical assistance with the project, it was
determined that additional work would be necessary in order to complete the
project satisfactorily. Therefore, he requested that Change Order No. 1 be
approved in the amount of $29,880 as well as an appropriation in the same
amount.
Councilman Kelly moved to, by Minute Motion: 1) Approve Change Order No. 1 in
the amount of $29,880 to the subject contract with Petronella Roofing, Cathedral City,
California, and authorize the Mayor to execute same; 2) authorize a $15,000 contingency
for the project; 3) appropriate $29,880 from Fund 510 for this purpose. Motion was
seconded by Mayor Pro-Tempore Spiegel and carried by 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
M. REQUEST FOR APPROVAL of Amendment to Contract for Professional
Consulting Services for GASB 34 Compliance (Contract No. C20720A).
Mr. Erwin stated that this contract was originally awarded to GK and
Associates. Staff was subsequently informed that the principal consultant
had left that firm and was now with a company called Omnis. He said that
GK and Associates had no problem with the contract moving to him and
Omnis. He asked that approval be subject to a written release from the
original contractor.
Councilman Kelly moved to, by Minute Motion, approve of the subject amended
contract with Omnis, Chino Hills, California (subject to receipt of a written release from the
original vendor, GK and Associates), and authorize the Mayor to execute same. Motion
was seconded by Spiegel and carried by a 5-0 vote.
N. REQUEST FOR APPROVAL of Fourth Amendment to Lease Agreement for
the Palm Desert Community Park at Palm Desert Middle School.
Councilman Kelly said he wanted to make sure staff would, in future
negotiations with Desert Sands, strive to obtain expanded right-of-way along
Portola and any other measures that would improve student safety at this
location.
Councilman Kelly moved to, by Minute Motion, approve the subject Fourth
Amendment to Lease Agreement with Desert Sands Unified School District and authorize
the Mayor to execute same, with staff directed to, in future negotiations with Desert Sands,
strive to obtain expanded right-of-way along Portola and any other measures that would
improve student safety at this location. Motion was seconded by Crites and carried by a
5-0 vote.
Q. REQUEST FOR APPROVAL of Landscape Design for Monterey Avenue
Medians.
Upon question by Councilman Ferguson, Mr. Knight noted that this was the
general design that will be used on the common boundary between the Cities
of Rancho Mirage and Palm Desert and would be implemented whenever a
particular project goes in. Upon further question by Councilman Ferguson,
he stated that the Cities of Rancho Mirage and Palm Desert came up with the
plan jointly.
Councilman Ferguson moved to, by Minute Motion, approve landscape design for
the Monterey Avenue medians, as proposed. Motion was seconded by Spiegel and carried
by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1030 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO PALM DESERT MUNICIPAL CODE CHAPTER 25.56,
PERTAINING TO GENERAL PROVISIONS REGULATING THE
CONVERSION OF ABANDONED PUBLIC UTILITY WELL SITES TO
PRIVATE WATER EXPORT IRRIGATION WELL SITES
Case No. ZOA 02-05 (City of Palm Desert, Applicant).
Councilman Kelly moved to waive further reading and adopt Ordinance No. 1030.
Motion was seconded by Spiegel and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT FOR
DESIGN ENGINEERING SERVICES TO WIDEN FRED WARING DRIVE TO
SIX LANES FROM PHYLLIS JACKSON TO WASHINGTON STREET
(CONTRACT NO. C20810, PROJECT NO. 654-01).
Mr. Croy noted the staff report and recommendation in the packets.
Upon question by Mayor Benson relative to objections raised by Hidden
Valley to widening the south side of Fred Waring, Mr. Errante said staff would
be looking into that. He said right now consideration was being given to
widening it by approximately four additional feet to accommodate the third
lane. In addition, required mitigation measures would also be considered.
Upon question by Mayor Pro-Tem Spiegel, Mr. Errante said that the City of
Indian Wells had agreed to widen its side of Fred Waring to Washington.
Councilman Kelly moved to, by Minute Motion, approve the subject reimbursement
agreement between the Coachella Valley Association of Governments, the Cities of Indian
Wells and Palm Desert, and authorize the Mayor to execute same. Motion was seconded
by Ferguson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
B. REQUEST FOR APPROVAL OF AGREEMENT FOR CONSTRUCTION
DOCUMENT PHASE OF THE FABRIC SHADE AND NATURAL AND
ARTIFICIAL ROCKWORK PORTIONS OF THE CIVIC CENTER
AMPHITHEATER REMODEL.
Mr. Croy noted the report and recommendation in the packets.
Councilman Kelly questioned the type of fabric referred to in the staff report
under "Executive Summary/Discussion." Mr. Winklepleck responded that the
majority of the tree would be metal, although there would be some fabric
material similar to what is used at the Palm Springs Airport.
Mayor Pro-Tem Spiegel moved to, by Minute Motion: 1) Authorize the Mayor to
execute an agreement with Shade Concepts, Irvine, California, in the amount of $28,500
for completion of construction documents for the fabric shade portion of the Civic Center
Amphitheater Remodel — funds are available in Parks and Recreation Fund 233 (Contract
No. C20820A); 2) authorize the Mayor to execute an agreement with Site Development
Studios, Costa Mesa, California, in the amount of $7,800 for completion of construction
documents for the artificial rockwork portion of the Civic Center Amphitheater Remodel —
funds are available in Parks and Recreation Fund 233 (Contract No. C20820B). Motion
was seconded by Crites and carried by a 5-0 vote.
C. REQUEST FOR APPROVAL OF REIMBURSEMENT BY THE
REDEVELOPMENT AGENCY TO THE CITY FOR THE COST OF CERTAIN
OPEN SPACE RECREATIONAL FACILITIES AND DECLARING ITS
INTENT REGARDING THE REIMBURSEMENT FROM BOND PROCEEDS
(JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Redevelopment Finance Manager Dennis Coleman reviewed the staff report
and offered to answer any questions.
Councilman/Member Ferguson moved to waive further reading and adopt: 1) City
Council Resolution No. 03-1, approving reimbursement by the Palm Desert Redevelopment
Agency to the City of Palm Desert for the cost of certain open space recreational facilities
and declaring its intent to reimburse with the proceeds of bonds; 2) Redevelopment Agency
Resolution No. 460, approving reimbursement by the Palm Desert Redevelopment Agency
to the City of Palm Desert for the cost of certain open space recreational facilities and
declaring its intent to reimburse with the proceeds of bonds. Motion was seconded by
Spiegel and carried by a 5-0 vote.
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XV. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF ARTISTS SELECTED FOR PUBLIC ART
AT THE FRED WARING DRIVE CORRIDOR PARK (Continued from the
meeting of December 12, 2002).
Mayor Pro-Tem Spiegel moved to continue this matter to the meeting of
January 23, 2003. Motion was seconded by Ferguson and carried by a 5-0 vote.
B. 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
meeting of December 12, 2002).
Mayor Pro-Tem Spiegel moved to continue this matter to the meeting of
January 23, 2003. Motion was seconded by Ferguson and carried by a 5-0 vote.
XVI. OLD BUSINESS
A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT
NO. C17350 — ENGINEERING SERVICES IN THE DESIGN OF THE
MAGNESIA FALLS DRIVE STREET IMPROVEMENTS AND BRIDGE OVER
THE SAN PASCUAL CHANNEL (PROJECT NO. 648-99).
Mr. Croy noted the staff report and recommendation in the packets.
Councilman Ferguson moved to, by Minute Motion: 1) Appropriate $17,769 from
Unobligated Measure "A" Funds into Account No. 213-4626-433-4001; 2) approve
increasing contingency for the subject project from $32,913 to $50,682; 3) approve Change
Order No. 1 in the amount of $50,682 to the subject contract with Tetra Tech, Inc., Palm
Springs, California, and authorize the Mayor to execute same; 4) authorize the transfer of
funds from contingency to base contract for the subject project. Motion was seconded by
Spiegel and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT
-- NO. C19620 — TRAFFIC SIGNAL, STREET, STORM DRAIN, AND WATER
IMPROVEMENTS AT COOK STREET AND FRANK SINATRA DRIVE
(PROJECT NO. 678-01).
Mr. Croy noted the staff report and recommendation in the packets.
Councilman Kelly moved to, by Minute Motion: 1) Approve Change Order No. 1 in
the amount of $66,192.21 to the subject contract with Granite Construction Company,
Indio, California, and authorize the Mayor to execute same; 2) authorize the transfer of said
funds from contingency to base for the subject project. Motion was seconded by Spiegel
and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING.
C. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND THE COACHELLAVALLEY
RECREATION AND PARK DISTRICT FOR RECREATIONAL SERVICES
(CONTRACT NO. C19920).
Mr. Croy noted the staff report and recommendation in the packets.
Councilman Ferguson asked whether there was a change in the amount to
be paid as a result of this added service. In addition, he said he did not see
the Homme/Adams Park listed, and he did not know whether there was
discussion by Parks & Recreation as to whether that park would be closed
at some point in the evening and, if so, whether the Coachella Valley
Recreation and Park District (C.V. Rec) people would do that.
Mr. Winklepleck responded that the contract was set up in such a way that
Homme/Adams Park and other parks can easily be added. He said the
Coachella Valley Recreation and Park District personnel had been doing the
restroom cleanup. There would be an increase in cost to the C.V. Rec
contract; however, the cost would basically level out because it would not be
the landscape contractors doing the restroom maintenance.
Mayor Benson asked whether a special crew was assigned to ensure this is
done regularly, and Mr. Winklepleck responded that staff would be working
with C.V. Rec to try and get one or two people specifically assigned to this
on a daily basis. Mayor Benson asked if there were any signs on the
facilities advising people who to call if there are problems after hours.
Mr. Winklepleck responded that there were telephone numbers on some, and
staff could make sure there were after hours numbers on all of them.
Mayor Pro-Tem Spiegel noted that the golf course on Cook Street was in
escrow now to the Coachella Valley Recreation and Park District, and they
would be taking it over within the next 30-60 days. They would be asking the
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City for an annual stipend of approximately $30,000 to help them maintain
that golf course, so there might be an adjustment to this contract in the near
future.
Mayor Pro-Tem Spiegel moved to, by Minute Motion, approve the subject
Agreement Amendment and authorize the Mayor to execute same. Motion was seconded
by Kelly and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 3 TO CONTRACT
NO. C19990 — FRED WARING DRIVE LINEAR PARK LANDSCAPING.
Mr. Croy noted the report and recommendation in the packets.
Councilman Ferguson said it was his understanding that there is some
signage associated with this that was approved by the Landscape
Beautification Committee and by Architectural Review. He asked whether
the City Council had seen it.
Development Manager Lauri Aylaian responded that it had not been brought
to the Council. She noted that she had pictures in her office if Council
wished to review them.
Councilman Ferguson moved to continue this matter until later in the meeting after
the Council had an opportunity to review pictures. Motion was seconded by Kelly and
carried by a 5-0 vote.
Ms. Aylaian showed photos of the proposed monument signs, noting that
there were three, and each represented a different region of Baja California
and give text to explain what is going on in that particular region and how the
landscape is used to exemplify the region.
Mayor Pro-Tem Spiegel moved to, by Minute Motion: 1) Approve Change Order
No. 3 in the amount of $90,717 to the subject contract with Sierra Landscape Company,
Inc., Palm Desert, California, for construction of monument signage, provision of
Yucca Rostrada, and addition of 1,100 tons of decomposed granite ground cover;
2) authorize the Mayor to execute Change Order No. 3; 3) authorize the Director of Finance
to transfer $61,458 from contingency to base for this project, remainder of $29,259
available in the Capital Improvements Budget for FY 2002/03 in Account
No. 400-4384-433-4001. Motion was seconded by Ferguson and carried by a 5-0 vote.
Councilman Kelly commented that the ceremony recognizing completion of
this phase of the Fred Waring project would be held Friday, January 24, at
9:00 a.m.
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XVII. PUBLIC HEARINGS
A. CONSIDERATION OF REQUEST FOR ABANDONMENT OF PUBLIC
SERVICE EASEMENT AS SHOWN ON RECORD OF SURVEY BOOK 23,
PAGE 38, UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE
STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA.
Mr. Croy noted the staff report and recommendation 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 Ferguson moved to waive further reading and adopt Resolution
No. 03-2 , abandoning the subject easement. Motion was seconded by Kelly and carried
by a 5-0 vote.
B. REQUEST FOR APPROVAL OF A 90-DAY EXTENSION TO EXISTING
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT
AND RANCHO MIRAGE INDUSTRIAL PARK, ET AL. Case No. DA 92-3
(Monterey 170, LLC/Berdan Holdings LLC, Applicant).
Mr. Erwin stated that the published notice indicated a 60-day extension.
Mr. Drell added that the applicant had agreed to a 60-day extension. He
noted that a project would be before the Council at its meeting of
January 23, 2003, that was being developed pursuant to this development
agreement. Since the application was originally filed, the developer had a
concern that that development agreement would expire. It has been the
City's practice and policy that while it is reviewing extension, modification, or
amendment requests for a particular application, that application does not
expire. He said the applicant felt uncomfortable with just the statement of
that long-standing policy by staff and the City Attorney and wanted to hear
it from the Council. Extension of the development agreement would keep it
alive in its current form through the review process. In its new form, all
references to the County standards would be eliminated and would be
substituted with what is approved. Staff recommended approval of the 60-
day extension.
Councilman Ferguson asked how old the development agreement was, and
Mr. Drell responded that it is ten years old. Councilman Ferguson asked
what would happen if the City denied the extension.
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Mr. Drell said in staff's view, it was not critical either way, and it would not
impact how it reviews, recommends, or conditions the project. This was
something that would make the developer's attorneys comfortable.
Councilman Ferguson noted there was reference in the staff report to the
desire of the applicant not to lessen his anxiety but to increase his liability-
proofness in terms of potential litigation.
Mr. Drell said the nature of these Walmart projects attracts a certain litigant.
The fact that it contains a supermarket makes the greater supermarket
industry take notice. He said in following the history of Super Walmarts,
there has been some controversy relative to the Retail Clerks Union and the
Albertson's and Von's, etc.
Councilman Ferguson asked if the City would be inadvertently weighing in on
one side of that argument or the other depending upon whether it approves
or denies the extension, and Mr. Drell responded that that would not be the
case. He said by virtue of the City's process, the Council will be reviewing
the project and an amended agreement on January 23rd, and the City still has
the ability to make any discretionary decision needed. Councilman Ferguson
said if the development agreement expires, they are right to use the County's
zoning; if the City adopted a new development agreement whenever it
approves this, then they have to use the City's standards, whether they want
to or not. He said it seemed to him it was a pretty significant question, having
not seen the plans yet, and taking staff's word that they do comply with our
codes. He asked if it would be a safer route for the City to require them to
comply with ours rather than giving them the option to comply with the
County.
Mr. Drell said that it was staff's position that it is not expiring at all if the action
is based on how the City has dealt with every single similar application for the
last 20 years. In every other case, if someone made a timely application to
modify, amend, or extend an approval, the fact that the process got dragged
out, for whatever reason, beyond the expiration date, the City would not
terminate the approval while it was considering the project.
Councilman Crites said the staff report said extending this, at least from the
developer's position, does make a difference in allowing challenges. If that
is true, he said that sounded like the City would be weighing in on one side.
Mr. Drell said the issue mainly revolved around a supermarket on the
property. In the current zone, the City's zoning, a developer could not have
a supermarket in the PC-3 zone. Staff does not have a problem with a
supermarket on this site. The current development agreement, under the
County standards, in no way restricts their ability to have a supermarket on
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the property. The City still has the ability to extend the agreement on
January 23, which is necessary for the project to proceed. That will contain
a provision allowing them to have a supermarket, and the City can either
approve or deny it.
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 said there was a lot of vacant property in this area, and
now was the time to look at doing something there. He said he felt it was an
ideal are to form a City utility district and look into providing our own
electricity for that undeveloped area. If the Council does not approve this, it
would come under the regular Palm Desert ordinances, and there would be
a better opportunity for the City. He said he did not think the developer
should have any objection to doing it under the City's zoning.
Councilman Ferguson said that whatever is done, he agreed with Mr. Drell's
comments that the City does not do business that way, but the Council also
does not let staff make Council decisions. The Council has the only authority
to determine whether a development agreement will be extended. He said
it was nice to make a great record for the applicant about how the City has
done this for 18 years and never turned one down, but the fact of the matter
is that, under the law, the City could do so. From his viewpoint in reviewing
this, he said he did not think it made a whole lot of difference either way, and
the City will review the application in due course. He said he had not even
seen the project yet, although he had heard a lot about it from different
people. He added that a development agreement expires by its own terms
unless it is extended, and if the Council has the ability on the 23rd to enter into
a new agreement, then so be it, but he did not see any reason for the
continuance.
Mayor Pro-Tem Spiegel said he would like to hear from the developer on the
extension of 60 days.
Mr. Erwin noted that the request before the Council was an ordinance
application, which requires two readings. Second reading would be on
January 23rd before this would have any force and effect at all. Council would
also be seeing the project itself on the 23rd, and it may wish to pass this on
first reading or hold it. He said this was a development agreement, and it is
a request for an amendment to said development agreement. A
development agreement is a two-party transaction between the applicant and
the City. If the Council wishes the City's zoning to apply, that is part of the
agreement.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
Councilman Ferguson noted that this was a ten-year agreement entered into
on December 17, 1992, and it was his understanding that the agreement
actually expired already. He said the request was not really to extend the
agreement but to revive an already extinct agreement and continue it for
another 60 days.
Mr. Drell said the request was that the extension be from the effective date
of the agreement.
Mr. Erwin said that would be the effective date of the ordinance, which would
be February 22nd, and it would be 60 days from that time.
Mayor Benson reopened the public hearing.
MS. PENNYALEXANDER, Attorney, 600 No. Arrowhead Avenue, Suite 300,
San Bernardino, said she represented one of the potential tenants of the
property, should it be approved by the City in the development format as
presented by the developer. She said the developer formally brought
application to the City in early 2002. There had been difficulties along the
way in terms of getting some final design issues done. In addition, there was
some revision necessary to the traffic study prepared to support the
environmental impact report (EIR) that had been prepared and circulated for
the project. She expressed concern with not continuing under the existing
development, and she understood Councilman Ferguson's questions and
concerns about the termination date of the development agreement. She
said there was an argument that it does not expire until January 16, 2003,
depending on the referendum period after the City Council first approved the
agreement back in 1992. One concern she had with not extending the
development agreement and proceeding in that manner was that the project
has been designed and put together under the County zoning that preserves
a supermarket use of the site. While it would be possible to come back and
have the project considered by the Council under some kind of a zone
change or variance, that would send the project back to the start. The EIR
would have to be redone. She said the EIR talked about approving the
project with the extension of the development agreement, with modifications
suggested by the City, but this would turn it into a different project. She
added that she did not believe the project would be back to the Council on
January 23rd and would actually come back some time much later. The
project would be delayed, and it would cause significant delay. She sad she
felt this was an appropriate legal fix.
Councilman Crites asked what proposed tenant was represented by
Ms. Alexander, and she responded that she represented Walmart and Sam's.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
MR. BILL CARVER, developer of the project, said the only significant
difference between the two projects at this present time was the fact that the
PC-3 zoning has the prohibition against a supermarket. Other than that,
everything was being done in accordance with the PC-3 zoning in the City of
Palm Desert. The only reason they did not go for a zone change at the
beginning was that they felt they would get through this with the development
agreement prior to this date. The only issue was whether or not the Council
wants them to reapply under the PC-3 zoning and come back through without
the development agreement.
With no further testimony offered, Mayor Benson declared the public hearing closed.
Councilman Ferguson asked what the General Plan Advisory Committee's
recommendation was for that area of the City under the new General Plan.
Mr. Drell responded that it was commercial just as it is now and that the
Committee did not recommend any changes.
Councilman Ferguson asked if there was a supermarket prohibition, and
Mr. Drell responded that the Committee did not get into that detail.
Councilman Ferguson asked if, under the General Plan as it is worded, the
developer could comfortably come in with a Sam's Club and not violate any
of the City's ordinances, even though it is currently PC-3 and Mr. Carver just
said it would violate the City's ordinance.
Mr. Drell agreed and said staff was anticipating significant revision of the
Zoning Ordinance as a result of the General Plan. He said his original
perception was that there would be a new development agreement with this
project. The problem was that it was defined originally in the EIR description
as an extension of the development agreement. In their attorney's views,
that distinction in the project description between new development
agreement and extension was significant enough to create CEQA problems.
Mayor Pro-Tem Spiegel moved to approve the 60-day extension of the development
agreement. Motion was seconded by Benson and FAILED by a 2-3 vote, with Councilman
Kelly, Councilman Crites, and Councilman Ferguson voting NO.
Councilman Ferguson asked that, assuming the development agreement has
expired and the City Council is in essence being asked to retroactively
continue an expired development agreement, would the Council not have that
same power on January 23rd as it does right now. Mr. Erwin agreed.
Councilman Ferguson moved to deny the request for an extension of the
development agreement. Motion was seconded by Crites and carried by a 3-2 vote, with
Mayor Pro-Tem Spiegel and Mayor Benson voting NO.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
C. REQUEST FOR APPROVAL OF AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT, ORDINANCE NO. 920, TO TEMPORARILY
REDUCE THE MINIMUM AGE FOR OCCUPANTS AT VILLAS ON THE
GREEN, 77-120 CALIFORNIA DRIVE, FROM AGE 62 YEARS TO AGE
55 YEARS Case No. PP/CUP 99-5. Amendment to Development Agreement
(Raymond T. Troll, Applicant).
Mr. Drell reviewed the staff report and offered to answer any questions. He
noted that the Planning Commission, at its meeting of December 3, 2002,
unanimously recommended approval of the amendment provided it only
apply to 30 of the 76 units in the project.
Mayor Benson declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this request.
•
MR. RAYMOND T. TROLL, resident of Indian Wells, said he was the owner
and builder of the Villas on the Green. He said they had built a beautiful
project in an excellent location, and the idea of age 62 and older seemed a
very worthwhile way to go. However, they had found that it was very difficult
to fill the project with that age minimum. He felt reducing the age limit would
make for a healthier mix of residents and would fill the apartments.
With no further testimony offered, Mayor Benson declared the public hearing closed.
Councilman Kelly moved to waive further reading and pass Ordinance No. 1032 to
second reading, approving the subject amendment. Motion was seconded by Ferguson
and carried by a 5-0 vote.
D. 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).
Mayor/Chairman Benson declared the public hearing open and invited testimony in
FAVOR of or in OPPOSITION to this request. No testimony was offered.
Mayor Pro-TemNice Chairman Spiegel moved to continue this matter to the meeting
of January 23, 2003. Motion was seconded by Ferguson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
1. Mrs. Klassen reminded Council of the Joint Study Session of the City
Council and Redevelopment Agency scheduled for Thursday,
January 23, 2003, at 2:00 p.m. to discuss Committees/Commissions.
2. Mrs. Klassen reported that the 2003 El Paseo Exhibition was currently
being installed, and the unveiling would be held on Monday,
January 27, 2003.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Councilman Kelly asked for the status of the carport/shade
structure that City Council authorized for the parking area near
the Skate Parks.
Mr. Croy responded that the project was in the final stages of
plan development; next phase would be to solicit bids, with
estimated project completion by the end of May. Responding
to comment, he added that the project was going through the
City's established process for plan review, including the
Architectural Review Commission and Building & Safety plan
check.
o City Council Committee Reports:
None
o City Council Comments:
1. Mayor Benson reported that the groundbreaking for the
Coachella Valley Animal Campus would be held tomorrow at
3:00 p.m. off of Rio Del Sol Road in Thousand Palms.
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REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2003
2. Councilman Kelly noted that the Coachella Valley Mosquito
and Vector Control District would be hosting an open house for
their new office on January 16.
XIX. ADJOURNMENT
Upon motion by Crites, second by Spiegel, and a 5-0 vote, Mayor Benson adjourned
the meeting at 5:16 p.m.
ATTEST:
RACHELLE D. KLASS N, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
BENSON, MAYOR
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