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HomeMy WebLinkAbout2004-01-08MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JANUARY 8, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:03 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Excused Absence: Mayor Pro Tem Buford A. Crites 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 Philip Drell, Director of Community Development 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 III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 2 With Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Action: None VI. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel VII. INVOCATION - Councilman Jim Ferguson VIII. ORAL COMMUNICATIONS - B MR. KEN RIZZOTTO, Executive Director of the Frank Sinatra Celebrity Golf Invitational, addressed the City Council to personally express his organization's appreciation for the special relationship it has developed with the City of Palm Desert and its Desert Willow Golf Resort. He noted that it was now five years that they had been working with the City, they were overwhelmed by its generosity to their event, and they looked forward to many more years of this partnership. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE BORDERS BOOKS AND CROWN BOOK OUTLET FOR THEIR GENEROUS DONATIONS TO THE FRIENDS OF THE PALM DESERT LIBRARY'S GIFT OF READING PROJECT. On behalf of the City Council, Mayor Spiegel presented framed proclamations to representatives of Borders Books, Music and Cafe, and Crown Book Outlet for their contributions to the Friends of the Palm Desert Library's Gift of Reading Project. B. PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING TO THE CITY OF PALM DESERT FOR ITS COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2002. On behalf of the City Council, Mayor Spiegel presented the plaque from the Government Finance Officers Association (GFOA) and congratulated 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 Director of Finance/City Treasurer Paul Gibson and his staff for this significant accomplishment. C. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE. On behalf of the City Council, Mayor Spiegel and Mr. Ortega recognized: Diane Hollinger, Donna Quaiver, Benjamin Egan, Lorena Armenta, and Johnny Terfehr for their exceptional service to the City. D. APPOINTMENTS TO THE MARKETING COMMITTEE. Councilman Ferguson moved to, by Minute Motion, appoint the following to serve on the Marketing Committee: 1) Emily Bird of Marriott Desert Springs Resort; 2) Melinda Byrd of The Gardens; 3) Rick Darius of McCallum Theatre; 4) Ric Mandelbaum of RM Marketing; 5) Ray Rodriguez of Casuelas Cafe; 6) Michael Shimer of Tommy Bahamas; 7) Karen Wagner of Westfield Shoppingtown Palm Desert. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Pro Tem Crites ABSENT. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of December 11, and December 25, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 122, 125, 126, 130, 131, 134, and 135. Rec: Approve as presented. C. CITY'S/AGENCY'S MASTER PORTFOLIO MANAGEMENT SUMMARIES for the Month of November 2003 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by SR Mutual Investment Corporation for Palm Desert Resort Country Club, 77-333 Country Club Drive, Palm Desert. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Flagship Theatres of Palm Desert, LLC, for Cinemas Palme D' Or, 72-840 Highway 111, Suite C104, Palm Desert. Rec: Receive and file. D-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ralph's Grocery Company of Ohio for Ralph's 27, 74-884 Country Club Drive, Palm Desert. Rec: Receive and file. E. MINUTES of City Committee and Commission Meetings. 1. Public Safety Commission Meeting of November 12, 2003. 2. Technology Committee Meeting of September 2, 2003. Rec: Receive and file. F-1. RESIGNATION of Murray Magloff from the Investment & Finance Committee. Rec: Receive with very sincere regret. F-2. RESIGNATION of Larry Grotbeck from the El Paseo Business Improvement District Board of Directors. Rec: Receive with very sincere regret. G. REQUEST FOR AUTHORIZATION, to Grant Drainage Easement to Resco Self Storage, LLC. Rec: By Minute Motion, authorize the Mayor to execute a Drainage Easement and related agreement to Resco Self Storage, LLC, Newport Beach, California. H. REQUEST FOR APPROVAL, of the Possession and Consumption of Wine in Connection with Reception for "Nature's Design" Exhibition in the North Wing Gallery. Rec: By Minute Motion, permit the possession and serving of alcoholic beverages in connection with the subject reception to be held in the North Wing Gallery on Tuesday, January 27, 2004. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 I. CONSIDERATION of Sponsorship of the 2004 Desert Senior Inspirational Awards. Rec: By Minute Motion, authorize an expenditure of $2,500 to sponsor two tables and contribute toward a gift for the 2004 Desert Senior Inspirational Awards, and select a Palm Desert resident, over the age of 70 years, who personifies the ideals of this most worthwhile program —funds are available in Account No. 110-4416-414-3061 and no appropriation is required. J. REQUEST FOR WAIVER of Fees Associated with the Desert Rose Society's Annual Pruning Exhibition. Rec: By Minute Motion, waive fees associated with the subject event, scheduled to take place on Saturday, January 10, 2004, in the Rose Garden located at the Palm Desert Civic Center Park. K. REQUEST FOR APPROVAL of the Michael Todd Sculpture Garabedian's Knot for the El Paseo Exhibition. Rec: By Minute Motion, approve: 1) The recommendation by the Art In Public Places Commission to accept the sculpture, Garabedian's Knot by Michael Todd for the El Paseo Exhibition; 2) contract with the artist or artist's representative for $1,000 for loan of the artwork, from signing of the contract to October 30, 2004 — funds are available in Account No. 436-4650-454-4002. L. REQUEST FOR AUTHORIZATION to Reimburse for Public Artwork Located at 74-401 Hovley Lane East, Palm Desert (Whiteco Residential, Applicant). Rec: By Minute Motion, approve reimbursement of $49,327.63 to Whiteco Residential for the completed public art project at Canterra Apartment Homes, 74-401 Hovley Lane East, Palm Desert. M. INFORMATIONAL ITEMS: 1. Update on the Former Shell Station Located at 73-051 Highway 111 Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 2. Status Report on the Staples Building Repainting Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Kelly removed Item M-2, and Councilmember Benson removed Item M-1 for separate consideration under Section XI, Consent Items Held Over. Upon motion by Kelly, second by Ferguson, the remainder of the Consent Calendar was approved as presented by a 4-0 vote, with Councilman Crites ABSENT. XI. CONSENT ITEMS HELD OVER M. INFORMATIONAL ITEMS: 1. Update on the Former Shell Station Located at 73-051 Highway 111 Mayor Spiegel said that in reading the staff report, it noted that the owner of the property had leased the property to Shell Oil for another two years and that it was going to sit that way for two years. Mr. Hamidzadeh responded that per the last conversation Code Compliance Officer Pedro Rodriguez had with both the property owner and the Shell Oil representative, the property had been re- leased to Shell Oil for an additional two years; however, they were not intending to do much about it until the site is cleaned. Councilmember Benson noted the staff report indicated Shell Oil was only retaining the property for lease until the remediation process is completed, and she asked if a time limit could be placed on the remediation. Mr. Hamidzadeh responded that they indicated to staff it would take a year to a year -and -a -half for this to be completed. Councilman Kelly noted that at Shadow Mountain they had a very small gas tank, and it took eight months to pump the contamination out of the soil. With a large gas station like Shell, it could take a year for that soil to be decontaminated. Councilman Benson noted that nothing had been done in two years. Mr. Hamidzadeh stated that it had originally taken approximately seven months for them to find out whether or not the site is even contaminated. Once they found out, there was a plan to be submitted 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 to the City, which they did, to install the equipment that would decontaminate the site. That equipment had been installed. However, staff's indication was that it would take about a year to a year -and -a -half for the site to be cleaned. Mayor Spiegel asked that staff be directed to contact the owner and/or Shell Oil and ask that they have someone come in and tell the City exactly what is going on and when the property can be re -leased. Councilman Benson asked if the site could be fenced in a more permanent manner. Councilman Kelly agreed. Councilmember Benson said she felt the property owner should be told they have a month to put up a decent fence or the City will do so and bill them. With Council concurrence, staff was directed to contact the property owner with 30 days' notice that the City is requiring the perimeter of the site be fenced in a manner that will be secure and stable for the duration of the ongoing environmental remediation process. 2. Status Report on the Staples Building Repainting Councilman Kelly noted that the staff report stated the repainting is scheduled to occur as part of the overall rehab of the buildings and parking lot, which is stalled as a result of Mr. Glasser's inability to gain an agreement from one of the owners to a RDA requirement for financial participation. However, the report did not state what staff is going to do about this. Mr. Drell responded that it was his understanding a report would be coming to the Council at next meeting from RDA with the status of the entire rehab of the rest of the center and the parking lot. Mr. McCarthy stated that the status right now was that Mr. Glasser is in a resolution of a slight dispute with one of the other property owners on the site. He said there were multiple ownerships, and Mr. Glasser had not done everything he needs to do to perfect or perform under his agreement with the RDA. When he has accomplished this one last item that staff felt was on the path to resolution, he will be able to proceed on his project. Upon question by Councilman Ferguson, he agreed that Mr. Glasser was using the dispute with a third party as the reason for not doing what the City has asked him to do as far as repainting the Staples building; however, he felt the Staples issue was not necessarily part and parcel to the DDA contract that RDA has with him. He said staff had communicated with 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 him that if he needs certain amendments or cooperation from RDA with respect to the DDA, which staff believed he did, he would be well advised to address the Staples issue. Mr. Yrigoyen added that the last discussion with Mr. Glasser just before the Christmas break was that Staples was not an element of the DDA and that he was going to pay for the painting of the building without dealing with the DDA. He said DDA issues were aside from this issue. Mr. Drell stated repainting of Staples was a voluntary act because it had been painted with approved colors. From his last conversation with Mr. Glasser, he was agreeing to repaint the building at his own expense as part of the rehab of the whole center, although he might have other thoughts and might be willing to proceed and do the repainting apart from the center rehab. He added that over the last 18 months, they had been operating under the assumption that the rehab of the center was imminent. Councilmember Benson said she did not feel the repainting of the building had anything to do with the rest of his RDA requirements, and she felt he should be so advised. Mr. Drell noted that Mr. Glasser could not be forced to repaint the building, although he had agreed to do so. Upon question by Mayor Spiegel, he responded that the parking lot was a common parking lot for all the property owners, and Mr. Glasser was the managing property owner. He said his understanding was that Mr. Glasser was having trouble getting the public easement needed from the underlying owner of what used to be the old Safeway building. Mayor Spiegel stated that while Mr. Glasser could not be forced to repaint the building, the City could certainly force him to fix the parking lot because it is not up to Code. Mr. Drell said Mr. Glasser could extract, as part of the maintenance contract that he has with the owners, money to do the minimal maintenance of patch and repair and restriping. Staffs hope was that the more comprehensive redesign of the parking lot would occur, which would make a lot of the patch and repair wasted money. Councilman Ferguson suggested that the Mayor call the center's owner to convey the Council's sentiments on this issue. Council concurred. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 XII. RESOLUTIONS A. RESOLUTION NO. 04-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS TO ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY AFFECTING LOT 11 OF BLOCK 7, AS DESCRIBED AS A PUBLIC RIGHT-OF-WAY AS SHOWN ON THE PALMA VILLAGE UNIT NO. 5 AND LOT 25 OF PALMA VILLAGE GROVES SUBDIVISION MAP UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE STREETS & HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ABANDONMENT (SAN PABLO AVENUE NORTH OF SAN GORGONIO WAY) (Prest-Vuksic Architects, Applicant). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Kelly asked if the site was where the new office was being constructed on San Pablo, and Mr. Greenwood responded that it was. Upon further question, he stated that San Pablo has a curve in the road right in front of this building, and the right-of-way was originally set on the straight alignment, so there is excess right-of-way that the City does not need for the street and they could use for the building. He said he believed they would locate the bus shelter in that same area. Councilman Kelly expressed concern with the closeness of the building to the sidewalk and said he would like a closer detail of the project. Mr. Greenwood stated that it was the north end of the property, and San Pablo curves away from the building six or seven feet, and the right-of- way line continued on a straight line, so there is a triangular shaped area that is City right-of-way that the City does not need. He noted that this recommended action was to set a public hearing. Councilman Kelly moved to, by Minute Motion, continue this matter to the meeting of January 22, 2004, with staff directed to provide closer detail of the project and its relationship to the right-of-way abandonment being requested. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro Tem Crites ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1041A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 10.78 TO TITLE 10 OF THE PALM DESERT MUNICIPAL CODE, REGARDING ELECTRIC PERSONAL ASSISTIVE DEVICES (I.E., SEGWAY). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Kelly stated that a news article had been circulated about the recall on the Segway and all the problems with it, and it would have been nice to have that article attached to the staff report for Council information. Mr. Rosenblum stated the issue related to the recall did not seem to be connected to the directive for the ordinance. He said there was a representative from the company present who might be able to answer any specific concerns about the recall. Councilmember Benson said she had also seen the article but thought the recall had something to do with the battery pack and how it was installed. MR. PAUL WORLEY, representative for Segway, 5130 Harmony Lane, La Mesa, California, stated that approximately two months ago there was a recall of the Segway dealing with the battery. He said recall was a misnomer because it was actually a software upgrade. Currently if the battery goes down to the bottom of the battery, the machine will stop, it will flash and give you a red light and tip backwards. What was found is that if people were to get back on the machine, reboot it, and try to go twice more, the third time it would go forward. For safety purposes, the machine was supposed to kick back to push people off the back. Because of that the company did a voluntary recall which was to upgrade the software. They issued the recall and either went to individual households or had the owners come to a location where they simply inserted a chip with the software upgrade to fix that problem so that it would kick back instead of going forward. He said he believed that 80% of the Segways had had the chip put in, and they were still selling them. Upon question by Mayor Spiegel, he said it was his understanding that there were two Segway vehicles in Palm Springs currently being used by the Palm Springs Police Department at the Airport. Upon question by Councilman Ferguson, he said he had reviewed the ordinance and was very happy with it as written. Councilman Kelly said there were a lot of motorized scooters and other apparatuses, and he felt the Council was opening a can of worms when it starts passing ordinances to deal with things like Segway and the scooters. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 He felt it was a mistake to regulate or have ordinances related to those kinds of apparatuses. Mayor Spiegel said the Council had gone through this previously and had put in certain limitations, including no motorized non -vehicle devices on El Paseo, the age of the person using it, helmets, insurance, City license, etc. Mayor Spiegel moved to waive further reading and pass Ordinance No. 1041A to second reading. Motion was seconded by Ferguson and carried by a 3-1 vote, with Councilman Kelly voting NO and Mayor Pro Tem Crites ABSENT. For Adoption: A. ORDINANCE NO. 1015A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO ADD SECTION 25.56.510 TO THE GENERAL PROVISIONS, REQUIRING APPROVAL FOR ANY SIGNIFICANT CHANGE OF AN APPROVED COLOR OR TEXTURE ON AN EXISTING BUILDING, STRUCTURE, SIGN, WALL, FENCE, OR OTHER IMPROVEMENTS TO REAL PROPERTY Case No. ZOA 02-01 (City of Palm Desert, Applicant). Mayor Spiegel stated it was his understanding that any change in color would go back to the Planning Department or to Architectural Review at no charge. Councilmember Benson asked that staff put a copy of this ordinance in the City's newsletter so that homeowners know they cannot just go out and paint their houses. Mrs. Gilligan responded that it would be included in the February issue. Upon question by Mayor Spiegel, Mr. Drell responded that staff would be sending a general notice to business owners as well so they all know of the ordinance. Councilman Kelly moved to waive further reading and adopt Ordinance No. 1015A. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Pro Tem Crites ABSENT. XIV. NEW BUSINESS None XV. CONTINUED BUSINESS None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF THE COMMISSIONING OF ARTIST TO CREATE TWO LANDMARK SCULPTURES/SIGNS FOR THE EAST AND WEST ENDS OF EL PASEO AT PORTOLA AVENUE AND HIGHWAY 74, RESPECTIVELY (CONTRACT NO. C21960). Councilmember Benson moved to, by Minute Motion, concur with the recommendation of the Art In Public Places Commission and approve commissioning Orr Studio, Venice, California, to create two signature landmark sculpture/signs; one each at the east end of El Paseo at Portola Avenue and at the west end of El Paseo at Highway 74 for $25,000 each — funds are available in Account No. 436-4650-454-4001. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro Tem Crites ABSENT. XVII. PUBLIC HEARINGS None XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. General Plan — Mr. Ortega reminded the City Council of next Thursday's General Plan public hearing, and he asked for its confirmation of the order of discussion at that meeting. Mr. Drell stated that the staff report would be ready for distribution tomorrow. 2. League of California Cities' Grassroots Program — Mr. Ortega recalled for the City Council that it had voted to discontinue its participation in the League's Grassroots Program. The League had recently presented the City with a bill, which included approximately $4,000 for Grassroots. City Council concurred that the amount of the Grassroots contribution should be deducted from the payment of the League's bill. 3. Draft Regional Transportation Plan — Mr. Ortega commented that City representatives had attended the presentation earlier today at CVAG. B. CITY ATTORNEY None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 C. CITY CLERK 1. Consideration of Schedule for Annual Committee/Commission Appointments. City Council concurred that it would consider the information presented in this packet and further discuss at the meeting of January 22, 2004. 2. Reminder to Adjourn this Meeting to Thursday, January 15, 2004, at 8:30 a.m. for the first General Plan Public Hearing. Action: See action at Adjournment. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Councilmember Benson asked City staff to look into the site of a construction staging/dumping area located along Portola Avenue, behind the Marakesh Country Club, as it had become very unsightly in the midst of a residential area. She wanted a definite date for cessation of its use and requested that in the future, such a request be more carefully considered prior to its authorization. Special Projects Administrator Pat Conlon responded that the property was owned by Coachella Valley Water District (CVWD), which had given an encroachment permit to the contractor performing the Silver Spur Ranch Undergrounding construction, J. Fletcher Creamer. He said the yard would be active until mid -February. Mr. Croy answered that there had been some confusion over use of the site by the City and that he had also been in contact with CVWD General Manager Steve Robbins for future reference. o City Council Committee Reports: 1. Councilman Kelly reported that it would be formally announced tomorrow that Amy Swan -Draper had been named the new Chief Financial Officer for SunLine. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 8, 2004 o City Council Comments: 1. City Council Liaison Reports. None XIX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting at 4:53 p.m. to 8:30 a.m. on Thursday, January 15, 2004, to conduct a public hearing for the General Plan. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro Tem Crites ABSENT. ATTEST: RACHELLE D. KLASSEN, CITY CLER CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEL L, 'A OR 14