HomeMy WebLinkAbout2003-10-09MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, OCTOBER 9, 2003
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Benson convened the meeting at 3:12 p.m.
11. ROLL CALL
Present:
Councilman Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly
Mayor Pro Tem 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
Rachelle D. Klassen, City Clerk
Mark Greenwood, City Engineer
Amir Hamidzadeh, Director of Building & Safety
Paul S. Gibson, Director of Finance/City Treasurer
Teresa L. La Rocca, Director of Housing
Michael J. Errante, Director of Public Works
David Yrigoyen, Director of Redevelopment
Robert P. Kohn, Director of Special Programs
Richard Twedt, Public Arts Manager
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
IV. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
1) Property: APN 627-171-001
Negotiating Parties:
Agency: Justin McCarthy/Catherine Walker/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Palm Desert Redevelopment Agency
Under Negotiation: x Price x Terms of Payment
2) Property: APN 625-022-005
Negotiating Parties:
Agency: Justin McCarthy/Catherine Walker/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: Mark and Jodie Ratliff
Under Negotiation: x Price x Terms of Payment
Mr. Erwin noted that two items concerning property negotiation had presented
themselves following posting of the Agenda. Therefore, he asked for City Council's
consideration of adding Item Nos. 3 and 4 to the Closed Session by four -fifths vote.
Mayor Pro Tem Spiegel moved to add Property Item Nos. 3 and 4 to this Closed
Session Agenda. Motion was seconded by Councilman Crites and carried by 5-0 vote.
3) Property: Located along the Palm Valley Channel
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert
Property Owner: Coachella Valley Water District
Under Negotiation: x Terms x Conditions
4) Property: Located north of Frank Sinatra Drive, between Portola Avenue
and Cook Street, Palm Desert, CA
(APNs 653-400-030/032/033/034)
Negotiating Parties:
Agency: Carlos L. Ortega/Justin McCarthy/City of Palm Desert/
Palm Desert Redevelopment Agency
Property Owner: American Realty Trust
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Indian Springs Limited, et al., v. City of Palm Desert, et al., Riverside
County Superior Court Case No. INC 011612
b) Indian Springs Mobilehome Park Homeowners Association, et al., v.
City of Palm Desert, et al., Riverside County Superior Court Case
No. INC 019015
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
c) Indian Springs Limited, et al., v. City of Palm Desert, U.S. District Court
Case No. CV-EDCV 03-298 RT SGLx
d) Ray VanAlstine d.b.a. Palm Desert Mobile Estates v. City of Palm Desert,
et al., Riverside County Superior Court Case No. INC 016791
e) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County
Superior Court Case No. CIV 80790; DCA No. E023514
Mr. Erwin stated that additional existing litigation cases should also be added to this
Closed Session Agenda, and he asked for City Council's consideration of adding
them by four -fifths vote.
Mayor Pro Tem Spiegel moved to add existing litigation items f and g to the Closed
Session Agenda. Motion was seconded by Councilman Crites and carried by 5-0 vote.
f) Greg Clyde, Susan Hayes, and Andrew Murray v. City of Palm Desert,
et al., Riverside County Superior Court Case No. RIC 390984
g) PERMA v. City of Palm Desert, et al., Riverside County Superior Court
Case No. INC 038382
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
With City Council concurrence, Mayor Benson adjourned the meeting to Closed
Session at 3:15 p.m. She reconvened the meeting at 4:05 p.m.
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
City Attorney Erwin reported that at its regular meeting of August 28, 2003,
during Closed Session, the City Council authorized submitting a Request for
Reconsideration of the LAFCO action relative to Palm Desert Annexation
No. 36 - The Crest (LAFCO 2002-27-4). The vote was 5-0.
VI. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Robert A. Spiegel
VII. INVOCATION - Councilman Jim Ferguson
VIII. ORAL COMMUNICATIONS - B
None
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION TO RECOGNIZE DAVID AND CONNIE KATZ,
CODA GALLERY, FOR BEING NAMED ONE OF THE TOP 100
RETAILERS OF THE YEAR.
On behalf of the City Council, Mayor Benson presented an engraved crystal
platter to the Katz's in recognition of their recent prestigious honor.
B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES
FOR EXCEPTIONAL SERVICE.
Mayor Benson and Mr. Ortega presented certificates to Donna Gomez,
Joann Lee, Dennis Coleman, and Spencer Knight, recognizing them for their
good work for the City.
C. PRESENTATION TO THE CITY COUNCIL BY LEAGUE OF CALIFORNIA
CITIES LEGISLATIVE DIRECTOR DWIGHT STENBAKKEN.
MR. STENBAKKEN addressed the City Council on its prior action to
withdraw from the League of California Cities' Grass Roots Program. He
spoke about how the program began as a response to losing touch at the
local level; even though the League had always had a Grass Roots program,
it needed to be strengthened. So he said 14 new staff members were hired
and existing staff was redirected to develop a more keen relationship with
cities. He stated that the program had achieved success with legislative
issues and that more effort was being made by local cities to meet with their
legislators. He went on to say that the program was being further developed
by recruiting organizations close to cities like Chambers of Commerce. He
noted that within days, the League would be filing its ballot initiative title and
summary with the Secretary of State for the November 2004 election,
commenting that the threat from the State was not over — plans were already
being discussed for the Governor -elect to repeal the car tax — and
Palm Desert's support was as important now as ever. He apologized for the
lack of direct contact that Palm Desert had experienced, noting that
Patricia Alvarez was the regional contact person. He asked the City Council
if it would consider staying with the Program through the initiative process.
Responding to Councilman Kelly's question about the League taking any
court action to try to stop the "Triple Flip," Mr. Stenbakken said there were
no such plans at the League's Board level. However, he noted that a legal
challenge was already underway by the Pacific Legal Foundation, although
that challenge would immediately leave a $10 million hole in the State's
Budget.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
Further responding to Councilman Kelly, Mr. Stenbakken remarked that the
legislators were now in the same category as the former Governor, which
was why the League was moving ahead. He said the language it had drafted
allowed the "Triple Flip" to run for the full five years, but thereafter, the State
would return the full 1 % of sales tax and ERAF. Further, he said if legislators
choose to do anything similar in the future, it would have to first go before the
voters.
Councilman Ferguson felt he and his colleagues were all in agreement with
the comments made here today, pointing out that the City of Palm Desert
was probably more connected to the League than most cities. He said he
would be willing to consider Mr. Stenbakken's proposal for how the Grass
Roots program would better serve Palm Desert in the future.
Upon asking Mr. Stenbakken for clarification about exactly who would
represent Palm Desert in the Grass Roots Program, Mr. Stenbakken replied
that it would be David Willmon.
In response, Councilman Ferguson said he would then withdraw his previous
comment for being willing to reconsider the City's position.
D. APPOINTMENT OF MEMBERS TO THE PALM DESERT
YOUTH COMMITTEE FOR 2003/04.
Councilman Crites moved to, by Minute Motion, appoint: 1) Nicholas Talboys,
Bethany Walker, Nicholas Asbury, and Daniel Batalles to the Palm Desert
Youth Committee; 2) Tarah Fenelon-Nolan, Elliott Smith, and Aisha Garroni as alternate
members of that same body. Motion was seconded by Mayor Pro Tem Spiegel and carried
by 5-0 vote.
Mayor Benson commented that many fine applicants had been interviewed
for the Committee.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of September 25, 2003.
Rec: Approve as presented.
Approved 4-0-1, with Councilman Ferguson ABSTAINING due to his
absence from the meeting of September 25, 2003.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 73, 74, 78, and 79.
Rec: Approve as presented.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
C. MINUTES of City Committee and Commission Meetings.
1. Investment and Finance Committee Meeting of July 23, 2003.
2. Outside Agency Funding Committee Meeting of April 17, 2003.
3. Youth Committee Meeting of July 16, 2003.
Rec: Receive and file.
Item C-2 removed for separate discussion. Please see Item XI
Consent Items Held Over for discussion and subsequent action.
D. CONSIDERATION of Hiring Robert Menifee to Curate the 2004/05
El Paseo Exhibition (Contract No. C21890).
Rec: By Minute Motion, approve of hiring Robert Menifee, Palm Springs,
California, for the 2004/05 El Paseo Exhibition for a fee of $10,000.
E. CONSIDERATION of Constructing Additional Pads on the El Paseo Median
Between Highway 111 and Highway 74, and Portola Avenue for Extending
the El Paseo Exhibition.
Rec: By Minute Motion, appropriate $6,000 to Account
No. 436-4650-454-4001 for adding three new pads on the El Paseo
median — two pads between Highway 111 and Highway 74, and one
pad between Highway 111 and Portola Avenue.
F. REQUEST FOR AUTHORIZATION to Advertise and CaII for Bids for the
Traffic Signal Improvements at Hovley Lane East and Oasis Club Drive
(Contract No. C21900, Project No. 610-02).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for
bids for the subject project.
G. REQUEST FOR APPROVAL of Agreement for Traffic Signal Energy and
Maintenance Costs for the Intersection of Portola Avenue and
Chaparral Drive (Contract No. C21910).
Rec: By Minute Motion, authorize the Mayor to execute the subject
agreement with Chaparral Association, Palm Desert, California, for
the maintenance and energy costs associated with the traffic signal
and safety lighting.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
H. REQUEST FOR APPROVAL of Agreement for Construction Inspection
Services for the Public Works Department on a Contract Basis (Contract
No. C21920).
Rec: By Minute Motion, approve the subject agreement with Willdan,
Industry, California, in an amount not to exceed $50,000 on an
as -needed basis, and authorize the Mayor to execute same.
CONSIDERATION of Request for Credit of Traffic Signal and Drainage Fees
for improvements to be Constructed on Parcel Map 24255 (Noble and
Company, Applicant).
Rec: By Minute Motion, approve the request for credit of traffic signal fees
and drainage fees against the actual traffic signal and drainage facility
construction cost for the subject Parcel Map.
J. REQUEST FOR AUTHORIZATION to Release Improvement Security for
Tract 25296 (Bighorn Development, LLC, Applicant).
Rec: By Minute Motion, authorize the City Clerk to release the subject
improvement security for Tract 25296.
K. REQUEST FOR APPROVAL of Final Tract Map 29468-3
(Stonebridge Palm Desert, LLC, Applicant).
Rec: Waive further reading and adopt Resolution No. 03-104„ approving
the Final Subdivision Map of Tract No. 29468-3.
L. REQUEST FOR APPROVAL of Final Tract Map 29468-4
(Stonebridge Palm Desert, LLC, Applicant).
Rec: Waive further reading and adopt Resolution No. 03-105 approving
the Final Subdivision Map of Tract No. 29468-4.
M. REQUEST FOR APPROVAL of Agreement for the Interactive Voice
Response Base System for Building Permits (Contract No. C21930).
Rec: By Minute Motion, approve the subject professional services
agreement with Selectron Technologies, Inc., Portland, Oregon, in the
amount of $34,900, which includes software license and support
maintenance — funds are approved and available in Account
No. 110-4190-415-2120.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
N. REQUEST FOR APPROVAL of Imaging Services forthe Building and Safety
Department Records for Fiscal Year 2003/04.
Rec: By Minute Motion, approve California CD Imaging Center,
Rancho Cucamonga, California, to provide imaging services for
Building and Safety Records for FY 2003/04 — funds are available in
Account Nos. 110-4420-422-3610 and 110-4422-422-3610.
O. REQUEST FOR APPROVAL of the Sale, Possession, and Consumption of
Alcoholic Beverages on City -owned Property in Connection with the
2003 Palm Desert Golf Cart Parade.
Rec: By Minute Motion, permit the sale, possession, and consumption of
alcoholic beverages on City -owned property in connection with a
special event, the 2003 Palm Desert Golf Cart Parade, scheduled to
be held Sunday, November 2.
Item 0 removed for separate discussion. Please see Item XI - Consent
Items Held Over for discussion and subsequent action.
Councilman Kelly requested separate discussion for Item C-2, and
Mayor Benson asked that Item 0 also be discussed separately.
Upon a motion by Mayor Pro Tem Spiegel, second by Councilman Crites, and 5-0
vote of the City Council, the remainder of Consent Calendar approved as presented, with
the exception of Item A — Minutes of September 25, 2003, which Councilman Ferguson
ABSTAINED from voting on.
XI. CONSENT ITEMS HELD OVER
C-2. MINUTES of Outside Agency Funding Committee Meeting of April 17, 2003.
Councilman Kelly wondered if the Outside Agency Funding Committee's
recommendations of April 17 had been implemented.
Staff responded that the recommendations had been forwarded as part of
the Fiscal Year 2003/04 Budget process and were subsequently approved
as a part of the Budget at the June 26, 2003, City Council Meeting.
Councilman Kelly asked about Council representation on the Outside Agency
Funding Committee, and Mayor Benson responded that the Mayor and
Mayor Pro Tem served this Committee.
Upon a motion by Councilman Kelly, second by Mayor Pro Tem Spiegel, and 5-0
vote of the City Council, the Outside Agency Funding Committee Meeting Minutes of
April 17, 2003, were received and filed.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
O. REQUEST FOR APPROVAL of the Sale, Possession, and Consumption of
Alcoholic Beverages on City -owned Property in Connection with the
2003 Palm Desert Golf Cart Parade.
Mayor Benson stated she asked for separate discussion on this item
because from its title, she wondered if the parade would again be crossing
Highway 111 in order to get to Civic Center Park.
Staff responded that the route had not changed back to crossing the
highway, but this approval was necessary in order for alcohol to be
consumed on public property on El Paseo.
Mayor Benson moved to, by Minute Motion, permit the sale, possession, and
consumption of alcoholic beverages on City -owned property in connection with a special
event, the 2003 Palm Desert Golf Cart Parade, scheduled to be held Sunday, November 2.
Motion was seconded by Mayor Pro Tem Spiegel and carried by a 5-0 vote.
XII. RESOLUTIONS
None
XIII. ORDINANCES
For Introduction:
None
For Adoption:
A. ORDINANCE NO. 1053 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO CHAPTER 25.58 OF THE PALM DESERT MUNICIPAL
CODE AS IT RELATES TO PARKING REQUIREMENTS FOR CHURCHES
AND OTHER PLACES OF ASSEMBLY Case No. ZOA 03-01 (City of
Palm Desert, Applicant).
Mayor Pro Tem Spiegel moved to waive further reading and adopt Ordinance
No. 1053.
Responding to Councilman Ferguson, Mr. Smith explained that in 2002, the
Planning Commission had looked at two or three local churches that were
undergoing expansions, feeling that the parking for these facilities was overly
tight, even though they met Code requirements. In order to create a method
for addressing future standby/overflow parking for some churches for those
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occasions, this case was brought forward and had been recommended for
approval by the City Council.
Councilman Kelly seconded Mayor Pro Tem Spiegel's motion, and it carried on a
4-1 vote, with Councilman Ferguson voting NO.
XIV. NEW BUSINESS
A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE 2003/04
CONTRACT WITH SUNLINE TRANSIT AGENCY FOR ROUTE 51, THE
SHOPPER HOPPER ROUTE, AND RELATED MARKETING OF THE
PROGRAM.
In response to Councilman Crites' inquiry why this was being considered
without knowing what would be done with the other program, Business
Support Manager Ruth Ann Moore explained that the existing Shopper
Hopper contract with SunLine was set to expire in November, and this was
brought forward because of timing.
Upon Mayor Pro Tem Spiegel's inquiry about whether mall managers had
been contacted, Ms. Moore said this item was requesting such direction.
Councilman Kelly commented that if the service was diluted, the headway
would render the Shopper Hopper ineffective. He was reluctant to alter the
existing route to add hotels, but if that was chosen, he hoped another unit
would be added to the program. He made note of the ADA (Americans with
Disabilities Act) access that would be required. Further, he observed that
retail centers like Desert Crossing would be soon facing stiff competition, and
it was his desire to continue to serve these areas by providing transportation
to those who used it.
Mayor Benson remarked that other communities have similar successful
shuttle routes between hotels and the shopping areas with specific arrival
and departure times; the hotel guests would know that schedule.
Councilman Ferguson noted that the idea for two golf carts on El Paseo was
not intended to replace the Shopper Hopper but to supplement the system.
Ms. Moore stated that staff had obtained information regarding a lift
mechanism that could be adapted to the golf cart shuttles and hoped to have
complete details by the next meeting. She also clarified that staff had been
asked to explore two separate and unique programs —the Shopper Hopper
and the El Paseo Shuttle program, not replace one with the other.
Mayor Pro Tem Spiegel moved to, by Minute Motion, approve Contract No. C21940
with SunLine Transit Agency, Thousand Palms, California, for one year in an amount not
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to exceed $200,000 for the existing Route 51 and authorize the Mayor to execute same;
authorize the Director of Finance to set aside the amount of $20,000 as 10% contingency
(use of contingency requires additional action); approve the expenditure of $15,000 for
advertising and special event operations of the Shopper Hopper from General Fund
Account No. 110-4416-414-3681 and find the appropriate route for service. Motion was
seconded by Councilman Kelly.
Councilman Crites reiterated that without the other issue being decided, he
could not vote in favor of this contract.
Councilman Kelly pointed out that he was certain SunLine would be willing
to work with the City in the future on whatever route it decided to set.
Mayor Pro Tem Spiegel withdrew his motion.
Councilman Ferguson moved to continue this matter to the meeting of October 23,
2003. Motion was seconded by Councilman Crites and carried by 4-1 vote, with
Councilman Kelly voting NO.
B. REQUEST FOR APPROVAL OF A CALL FOR PROPOSALS TO CREATE
AN ARTISTIC BENCH PROGRAM ON EL PASEO (CONTRACT
NO. C21950).
Councilman Crites said he felt this was an excellent idea, and he moved to, by
Minute Motion, approve a call for proposals to create an artistic bench program entitled
"Sitting Pretty" for the El Paseo shopping district. Motion was seconded by Councilman
Kelly and carried by 5-0 vote.
C. CONSIDERATION OF THE COMMISSIONING OF TWO SCULPTURES TO
BE INTEGRATED WITH THE SMALL STONE EL PASEO MONUMENT
SIGNS ON EL PASEO BETWEEN HIGHWAY 111 AND
PORTOLA AVENUE, AND FOR EL PASEO WEST OF HIGHWAY 74
(CONTRACT NO. C21960).
Responding to Councilman Crites, Mr. Twedt affirmed that the renderings
included with the staff report were merely conceptualized ideas for the
El Paseo monument signs.
Mayor Pro Tem Spiegel pointed out that he felt the lettering of "El Paseo"
was too small to be effective.
Mr. Twedt said that part of the proposal would be asking the artists to
enhance the existing lettering, possibly with metallic effects.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Authorize the
commissioning of two sculptures of $35,000 each to be integrated with the El Paseo signs
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and recommend staff to proceed with sending out RFQs for sculpture proposals;
2) appropriate $70,000 to Account No. 436-4650-454-4001 to cover the cost of the
sculptures. Motion was seconded by Councilman Crites and carried by 5-0 vote.
D. REQUEST FOR APPROVAL OF ACTIONS APPROVING PAYMENT FOR
ALL OR PART OF THE COST OF THE INSTALLATION AND
CONSTRUCTION OF CERTAIN STORM DRAINAGE IMPROVEMENTS
BENEFITTING PROJECT AREA NO. 4 OF THE
REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE
PALM DESERT REDEVELOPMENT AGENCY).
Redevelopment Finance Manager Dennis Coleman reviewed the staff report.
In response to Mayor Pro TemNice Chairman Spiegel's question about
sufficient funds in Project Area No. 4, he said that there were enough for one
installation with the ability to use future bond revenue for the balance of the
project.
Councilman/Member Crites moved to waive further reading and adopt:
1) City Council Resolution No. 03-106, approving payment by the Palm Desert
Redevelopment Agency for all or part of the cost of the installation and construction of
certain storm drainage improvements benefitting the Project Area No. 4 of the Agency;
2) Redevelopment Agency Resolution No. 480, authorizing payment by the Agency for all
or part of the cost of the installation and construction of certain storm drainage
improvements benefitting the Project Area No. 4 of the Agency. Motion was seconded by
Councilman/Member Kelly and carried by 5-0 vote.
E. REQUEST FOR APPROVAL OF PAYMENT FOR ALL OR PART OF THE
COST OF INSTALLATION AND CONSTRUCTION OF IMPROVEMENTS
TO CERTAIN SWIMMING POOL FACILITIES (COLLEGE OF THE
DESERT) (JOINT CONSIDERATION WITH THE PALM DESERT
REDEVELOPMENT AGENCY).
Councilman/Member Crites observed with the amount of funds being
expended for the benefit of the College, such as the block wall on Magnesia
Falls, now $5 million for the swimming pool, perhaps the College would be
a bit more attentive to its Multi -Agency Library obligations.
Mayor Pro TemNice Chairman Spiegel agreed, noting, however, that it was
not College of the Desert that was the largest user of the pool, and without
this assistance, they would probably close rather than try to repair it. He was
sure the YMCA would one day have its own pool, but that was not imminent,
and it was important to the community to have this facility operational.
Responding to Councilman/Member Ferguson's question,
Development Manager Lauri Aylaian stated that the repairs would keep the
pool open as it existed presently.
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Councilman/Member Kelly moved to waive further reading and adopt: 1) City
Council Resolution No. 03-107, approving payment by the Redevelopment Agency for all
or part of the cost of the installation and construction of improvements to certain swimming
pool facilities; 2) Redevelopment Agency Resolution No. 481, approving payment by the
Agency for all or part of the cost of the installation and construction of improvements to
certain swimming pool facilities. Motion was seconded by Councilman/Member Ferguson
and carried by 5-0 vote.
Councilman/Member Crites asked staff to accelerate talks with the College
regarding the Library.
XV. CONTINUED BUSINESS
A. CONSIDERATION OF AN APPEAL TO A DECISION BY THE
ARCHITECTURAL REVIEW COMMISSION, REQUESTING APPROVAL OF
A NEW ILLUMINATED SIGN LOCATED AT 73-983 HIGHWAY 111
Case No. SA 03-83 (Sohail Mull, Appellant) (Continued from the meetings
of August 28, and September 25, 2003).
Assistant Planner Tony Bagato reviewed the history of the case, stating that
when it was last considered, the Architectural Review Commission ended in
a split 3-3 vote. He noted that since that time, the Appellant had installed the
sign in question.
Mayor Pro Tem Spiegel noted that at Council's last meeting, the matter was
continued to have the benefit of the fifth vote.
Mayor Pro Tem Spiegel moved to, by Minute Motion, grant the appeal and approve
the sign as installed. Motion was seconded by Councilman Kelly and FAILED on a
2-3 vote with Councilman Crites, Councilman Ferguson, and Mayor Benson voting NO.
Councilman Ferguson suggested a motion to affirm the original decision by
the Architectural Review Commission.
MR. SOHAIL MULL commented that he previously had six menu signs on
his building; he had removed four and installed the yellow sign because
Council had said it couldn't decide the matter without seeing what the end
result would look like. He felt the only issue was the yellow color, adding that
the new restaurant on El Paseo had the exact same color.
Councilman Ferguson noted Commissioner Vuksic's and Hanson's
comments on the application for the yellow sign for this storefront.
Responding to question, Mr. Bagato affirmed his understanding that the
yellow sign had been denied.
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Councilman Ferguson suggested Mr. Mull's storefront be considered for the
Redevelopment Agency's Facade Enhancement Program, and Mr. McCarthy
said staff would look into it.
XVI. OLD BUSINESS
A. CONSIDERATION OF TERMINATING PALM DESERT'S SISTER CITY
RELATIONSHIP WITH OSOYOOS, BRITISH COLUMBIA, CANADA.
Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Concur with the July 3,
2000, recommendation of the Sister Cities Subcommittee; 2) terminate Palm Desert's
Sister City relationship with Osoyoos, British Columbia. Motion was seconded by
Councilman Crites and carried by 5-0 vote.
B. REQUEST FOR APPROVAL OF THE COMMISSIONING OF ARTISTS FOR
THE SECOND SCULPTURE ON THE FRED WARING CORRIDOR
(CONTRACT NO. C20470D).
Councilman Crites felt the Baja Palapa was remarkably indicative of the Baja region,
and he moved to, by Minute Motion, accept Donna Billick's proposal and commission her
to create the named artwork for the second sculpture on the Fred Waring Corridor and
approve a contract for same — funds available in Account No. 436-4650-454-4001. Motion
was seconded by Councilman Kelly.
Responding to questions, Mr. Twedt said the turtle component acts as a
bench on which people could sit. He went on to say that the thatched roof
aspect of the piece was similar to that on a piece in La Paz, and after a
recent hurricane, it was found that the palapas were left in tact — they were
quite sturdy. He also stated that the columns were inlaid with mosaic glass
pieces, demonstrating the flora and fauna of the region. He said the glass
mosaics were a rougher type surface, which he believed would discourage
anyone from climbing on the columns.
Mayor Benson called for the vote, and the motion carried 5-0.
C. REQUEST FOR APPROVAL OF THE COMMISSIONING OF ARTISTS FOR
AN ENTRANCE SIGN FOR THE NORTHWEST CORNER OF THE
INTERSECTION OF WASHINGTON STREET AND FRED WARING DRIVE
(CONTRACT NO. C20750A).
It was noted that the Art In Public Places Commission preferred Allen Root's
Proposal #1 with the roadrunners on top, and staff was directed to inquire if
there was a way to ensure the roadrunners would remain secure.
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Mr. Twedt reported that after speaking with Mr. Root, he learned that the
roadrunners would be fabricated out of quarter plate steel, which could only
be damaged if someone took a sledgehammer to them.
Councilmembers agreed that due to the high volume of traffic at this
intersection, it was doubtful whether someone would be able to inflict such
damage.
Councilman Kelly moved to accept Allen Root's Proposal #1 — rock formation with
roadrunners moving along the top of it — and to commission the artist to create same for
the entrance sign to be located at the Washington Street and Fred Waring Drive
intersection —funds available in Account No. 436-4650-454-4001. Motion was seconded
by Councilman Crites and carried by 5-0 vote.
Councilman Crites further suggested looking into a Tess expensive signage
program for other intersections that lead into the City, such as Monterey
Avenue/Country Club Drive, possibly coming up with a design that includes
the City's newly designated bird, the Mourning Dove.
D. CONSIDERATION OF SIDEWALK ON SAN GORGONIO WAY BETWEEN
MONTEREY AVENUE AND SAN PABLO AVENUE.
Councilman Kelly moved to, by Minute Motion, direct staff to proceed with design
and bidding of sidewalk improvements on the north side of San Gorgonio Way between
Monterey Avenue and San Pablo Avenue. Motion was seconded by Councilman
Ferguson.
MS. SARAH GOODMAN, 44-740 San Antonio, Palm Desert, thanked the
City Council for addressing this issue, and although pleased, she felt a huge
traffic problem remained. She believed a median strip on San Gorgonio
would deter people from speeding, illegally passing, and driving recklessly,
noting that she was originally from Washington state and referred to a recent
news article published there that promoted the use of traffic circles and
medians for effective control. She asked when the sidewalk installation
would occur.
Mr. Greenwood responded that it would be approximately 90-100 days
before the sidewalk would be installed on the north side of San Gorgonio
without narrowing the street.
Councilman Kelly commented that the measures taken on Fairway Drive and
Haystack Road, double yellow striping and bike/golf cart lanes on either side,
offered more control on the street without completely restricting travel.
Mr. Greenwood answered that San Gorgonio does have a double yellow
stripe, but it could be refreshed. He noted that installation of a median there
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would eliminate on -street parking, and some of the homes and apartments
near the east end did use the street for parking.
Councilman Kelly observed that during a recent session he attended on
traffic calming, striping and stop signs seemed to be the most effective
measures of control.
Mayor Benson asked if law enforcement could monitor this area more
closely.
Mr. Greenwood stated that the Sheriff's Office had already been very
cooperative in watching this area, and it will be establishing a specific patrol
schedule.
Councilman Crites asked whether Bott's Dots could be installed, as they
were on Fairway Drive, to alert drivers that they were crossing the yellow line.
Mr. Greenwood agreed that the striping could be refreshed and Bott's Dots
could be added on San Gorgonio.
Mayor Pro Tem Spiegel suggested taking the proposed actions to see how
much improvement was realized.
MS. GOODMAN stated she had been e-mailing the City to request traffic
enforcement; and although provided, it was inconsistent, and she felt the
radar trailer was ineffective. She said because the mall empties onto
San Gorgonio, she asked for measures that would reroute that traffic onto
the bigger and faster traveled streets, as she wanted to see even more
control exercised.
Mr. Ortega offered that in order to expedite the project, the City Council could
authorize the City Manager to award the bid for sidewalk construction.
Councilman Kelly agreed to amend his motion to, by Minute Motion: 1) Direct staff
to proceed with design of sidewalk along the north side of San Gorgonio Way between
Monterey Avenue and San Pablo Avenue, leaving the curb in its current location;
2) authorized advertising and calling for bids for the project (Contract No. C21970);
3) authorized the City Manager to award bid to the lowest responsible bidder in order to
expedite the project; 4) directed staff to refresh the double yellow striping on San Gorgonio
and install "Bott's Dots" to deter motorists from speeding and illegal passing; 5) asked that
the Sheriff's Department make San Gorgonio one of its target areas for speeding and
reckless driving. The amended motion was seconded by Councilman Ferguson and
carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE
PLANNING COMMISSION, DENYING A REQUEST FOR A CHANGE OF
ZONE FROM R-1 SINGLE FAMILY DISTRICT TO R-3 (3) MULTIFAMILY
RESIDENTIAL DISTRICT FOR A 7,380 SQUARE FOOT LOT AT
74-110 CHICORY STREET Case No. C/Z 03-05 (Dolores J. Laux,
Applicant/Appellant).
Planning Manager Steve Smith reported that just prior to the opening of this
meeting, he'd received a telephone call from the Applicant/Appellant, who
stated she would be unable to attend today's meeting due to a family
emergency. Further, she had said the family emergency would also force
her to withdraw the appeal. He said the City Attorney had advised that the
matter should be continued to the next meeting in order to offer the
Applicant/Appellant opportunity to formally withdraw.
Mayor Benson declared the public hearing open and invited testimony on the case.
MS. RAYNA LYMAN, 74-160 Chicory Street, Palm Desert, said she was the
one who had circulated petitions to oppose this zone change. She said the
original proposal was for a guest house, which was fine, but when the
proposal changed to a duplex, that was not acceptable to her or her
neighbors. She understood the new second unit ordinance had been
explained to the Applicant/Appellant. She noted that the property already
had been red curbed so that there was no on -street parking due to traffic
concerns next to the Charter School. She was also concerned about what
would happen if the property was sold with this zoning if approved.
MR. KEN BEATON, 74-180 Chicory Street, Palm Desert, said he, too, was
okay with a guest house on the site, which he was aware was permitted
under existing law, but he was opposed to the change to multifamily housing.
He noted that the neighboring street, Candlewood, was so affected with
multifamily homes that the owner of a home for sale there recently was
unable to recover his investment because buyers did not want to live on a
street that had become mostly multifamily.
With no further testimony offered, Councilman Ferguson moved to, by Minute
Motion, continue the public hearing to the City Council Meeting of October 23, 2003.
Motion was seconded by Councilman Kelly and carried by 5-0 vote.
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XVIII. REPORTS AND REMARKS
A. CITY MANAGER
Mr. Ortega noted that staff had requested an item be added to this Agenda
regarding plans for a "Hopalong Cassidy Day."
Mayor Pro Tem Spiegel moved to add the following consideration to this Agenda.
Motion was seconded by Councilman Crites and carried by 5-0 vote.
REQUEST FOR DIRECTION RELATIVE TO THE PRODUCTION OF A
"HOPALONG CASSIDY DAY."
Councilman Crites commented that one of the trails in the open area was being
named for Hopalong Cassidy, and he felt it presented a good opportunity to produce
an event along with the Historical Society to recognize longtime former resident
William Boyd (a.k.a. Hopalong Cassidy). He noted that while Palm Springs had
been primarily known for the Coachella Valley's recognized historical links, this
would be one that Palm Desert could claim as its own.
Mayor Pro Tem Spiegel agreed; however, he would like to ask staff to return with
an event that was reduced in scope.
Councilman Crites added that many people had very fond memories of Hopalong,
and he believed it would be an excellent way to remember him, including showing
his old movies that day. He thought it would provide good publicity for the City,
agreeing that it could be scaled back somewhat, while still being able to advertise
it as an event.
Mayor Pro Tem Spiegel suggested staff make contact with Westfield Shoppingtown
to see if the movies could be shown in the theaters there.
Mrs. Gilligan noted that while researching the request to produce an event, staff
found there were numerous Hopalong Cassidy fan clubs still very active. Therefore,
staff felt it needed to provide sufficient entertainment for a daylong event that would
attract those fans to Palm Desert.
Councilman Ferguson asked for a progress report on Palm Desert's trail system as
a whole, as he felt this would not only be a day to recognize Hopalong Cassidy but
also to showcase all the trails. Councilman Crites agreed.
Mrs. Gilligan remarked that there was already a Trails Guide with pocket map
available at the Visitor Information Center. At the time this event was being
discussed, there was concern for which trails may or may not be open and whether
or not signage would be in place for the opening.
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Councilman Crites added that the Habitat Conservation Plan would be available for
review, and this event would provide an opportunity for public input on the action to
be taken.
Mayor Benson suggested that an event be planned for 10:00 a.m. to 12:00 p.m.,
with movies to be shown in the afternoon.
Mrs. Gilligan noted that if the event was approved in concept, staff would pare it
down, adding that there were funds available to produce it ($20,00 in the Events
and $10,000 in the Advertising Budgets) that resulted from plans to reorganize
Springfest so that it was tailored more towards Palm Desert residents. She said
staff would be willing to return with a scaled -down "Hopalong Cassidy" event,
including making contact with Westfield about showing movies there.
Councilman Crites moved to, by Minute Motion, direct staff to plan for an event that
would consist of a dedication ceremony in the morning and to contact Westfield
Shoppingtown Palm Desert for the potential of showing Hopalong movies in the theaters
there that afternoon, and to return to the City Council with the proposed budget for same
in an amount not to exceed $30,000. Motion was seconded by Mayor Pro Tem Spiegel
and carried by 5-0 vote.
B. CITY ATTORNEY
None
C. CITY CLERK
1. Consideration of November and December Meeting Schedule
Relative to the General Plan Process.
Responding to question, Mr. Smith anticipated that the General Plan
would be coming out of Planning Commission after its November 4
Meeting.
Councilman Crites suggested that the Council's first meeting to
considerthe General Plan be held on November20, since the Council
usually held only one regular meeting in November because of
Thanksgiving being on the fourth Thursday.
Councilmembers concurred that the first City Council hearing on the General Plan
be scheduled for Thursday, November 20, 2003, at 3:00 p.m.
2. Mrs. Klassen reminded the Council of the Coachella Valley
Bookmobile's first Palm Desert Stop on Tuesday, October 14, at
10:00 a.m. in Joe Mann Park at Palm Desert Country Club.
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REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 9, 2003
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Councilman Ferguson reported that at the time of the last City
Council Meeting, he was attending an Energy Conference in
San Francisco. He said representatives of many Federal and
State Agencies were there, as well as neighboring states'
representatives, who talked about sourcing power from Mexico
and Indian Reservations. While in San Francisco, he noticed
their countdown pedestrian traffic signals, which he felt were
very effective. He also just read where the City of
Palm Springs was going to install the devices, and the cost
was minimal to the traffic signal installation. He felt
intersections such as Highway 111/Monterey would be prime
locations, and he asked if staff had obtained any further
information.
Mr. Greenwood responded that the City of San Jose had just
completed an extensive study on the countdown devices, and
the results were mixed.
Mayor Benson added that the City of Laguna Beach utilized
the devices that illuminated across the roadway when a
pedestrian entered the crossing.
o City Council Committee Reports:
1. Councilman Crites thanked Councilman Kelly for attending
today's Energy & Environment Committee Meeting for him.
o City Council Comments:
1. City Council Liaison Reports.
a) Mayor Benson reported that the Riverside County
Board of Supervisors this week approved the bond
issue for the Coachella Valley Animal Campus, Mecca
Clinic, and refunding of the previous Blythe
Administrative Center bond issue. She went on to say
at the subsequent Animal Campus Commission
Meeting, Supervisor Wilson recommended, and the
Commission approved taking a request to the Board of
Supervisors to change the street name of the animal
campus location from "Del Norte" to a more fitting "Pet
Land Place." She added that the only developer in the
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area there was Peter Solomon. It was anticipated that
the animal campus would be open in January 2005.
XIX. ADJOURNMENT
Upon a motion by Mayor Pro Tem Spiegel, second by Councilman Crites, and 5-0
vote of the City Council, Mayor Benson adjourned the meeting at 5:49 p.m.
ATTEST:
RACH LLE D. KLASS N, CITY CLERk
CITY OF PALM DESERT, CALIFORNIA
!yna,0-7,f
. BENSON, MAYOR
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