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HomeMy WebLinkAbout2000-11-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. CALL TO ORDER Mayor Crites convened the meeting at 4:04 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly III. INVOCATION - Councilman Robert A. Spiegel IV. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro-Tempore Jim Ferguson Councilman Richard S. Kelly Councilman Robert A. Spiegel Mayor Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, Assistant City Manager for Community Services/City Clerk Richard J. Folkers, Assistant City Manager for Development Services Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A Mayor Crites, on behalf of the three Councilmembers who were recently reelected to the Palm Desert City Council, expressed his appreciation to the staff of the City of Palm Desert for their incredible work. He said it was relatively easy to be reelected when one has staff members who work as competently, as diligently, and as professionally as the people in the City of Palm Desert. He also expressed his thanks to the citizens of Palm Desert. On a personal note, he said this was most likely his last meeting as Mayor, and he felt being Mayor of Palm Desert was really a five -person job rather than a one -person job. He thanked his colleagues on the City Council for shouldering the burdens of that position. MR. EDWARD MARMOLEJO, 11818 Fairway Drive, Yucaipa, said his son, Anthony Marmolejo, was the general contractor who was the apparent low bidder for the sidewalk project along Country Club drive from Eldorado to Desert Falls Country Club. He said they had a situation where their only subcontractor refused to plan a contract with them. He asked that the Council allow them to make a substitution of MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * subcontractor, providing that they as general contractor meet all of the requirements. He said they would,. like to begin work on the project as soon as possible, and he expressed concern that not taking care of this matter at this time meant they would have to wait until December 14th, when the Council next meets, for a decision to be made. Mr. Erwin stated that the ability to substitute a subcontractor requires the Council to take action; however, it also requires a five-day notice to the subcontractor to allow him to appear and object if he desires to do so. He added that this was a requirement in both the City's ordinances and the State Public Contracts Code. Mayor Crites asked if such notice could be given and this matter agendized for the meeting when new Councilmembers are sworn in. Mr. Erwin agreed. Mayor Crites stated such meeting should be scheduled for the end of November. MR. MARMOLEJO stated he felt, after speaking to the subcontractor's attorney, that he could get a letter from them tomorrow indicating they would not be taking this job. He said they had indicated they would provide such a letter if he as the general contractor would release them from the responsibility. He said he was willing to release them and could get a letter the following day. Mr. Erwin suggested that, assuming the subcontractor, under the advice of his attorney, was willing tc waive that time limit, the City could, with Council approval, allow the substitution of the subcontractor a; requested by the general contractor. Mayor Crites asked the City Attorney to have a recommendation ready at the end of this meeting for Council to consider. Mr. Erwin asked Mr. Marmolejo to contact him tomorrow morning with regard to this matter. MR. MICHAEL JACOBS, Newport Clock Gallery on El Paseo, said he made a formal request to Mayor Crites for removal of an advisory board member to the merchants district, and he requested that Council take action on that request. Mr. Erwin noted that this was an item listed on the Agenda for Closed Session. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 26, 2000. Note: This item was continued to the meeting of December 14, 2000. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 40, 41, 42, 4 43PD Office Complex. Rec: Approve as presented. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CLAIM AGAINST THE CITY (#4341 by Craig S. Bloom, Esq., in the Amount of $75,000. Rec: By Minute Motion, reject the Claim and direct City Clerk to so notify the Claimant. D. CITY'S PORTFOLIO MANAGEMENT SUMMARY for the Month Ending September 30, 2000. Rec: Receive and file. E. MINUTES of City Committee and Commission Meetings. 1. Public Safety Commission Meeting of September 20, 2000. Rec: Receive and file. F. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Installation of Benches and Tables, Shade Structure, and Restroom for Community Gardens (Contract No. C 18300, Project No. 597-00). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. G. REOUEST FOR AWARD OF CONTRACT, for Courtyard Lighting for the City Wing of the Multi - Agency Library (Contract No. C18090). Rec: By Minute Motion, award bid to the lowest responsible bidder, as determined following a thorough review of bids to be opened Friday, November 3, 2000, at 3:00 p.m. H. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17730 — Washington Charter School Parking and Play Area Improvements (Project No. 705-00). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $9,589.32 to the subject contract with Cora Constructors, Palm Desert, California, for additional work required to complete the subject project; 2) authorize the transfer of $9,589.32 from contingency to base for this contract. I. REOUEST FOR APPROVAL of Change Order No. 1 and Acceptance of Work for Contract No. C17850 — Monterey Avenue Storm Drain Extension from Highway 111 to Westfield Shoppingtown Entrance (Project No. 503-00) (Hemet Manufacturing Company, Inc., dba/Genesis Construction, Hemet, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $2,630.08 to the subject contract for additional work required for the project; 2) authorize the transfer of said funds from contingency to base for the subject contract; 3) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. REOUEST FOR ACCEPTANCE OF WORK for Contract No. C 17010 — Utility Undergrounding at Highway 111/Panorama Drive (System Electric Company, Palm Springs, 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. K. REOUEST FOR AUTHORIZATION to Advertise and Call For Bids for the Purchase of a Dedicated Natural Gas Vehicle. Rec: By Minute Motion: 1) Authorize the City Clerk to advertise and call for bids for the subject purchase; 2) appropriate $20,000 from the Unobligated General Fund Reserves for the vehicle purchase. L. REQUEST FOR AUTHORIZATION to Release Subdivision Improvement Securities for Tract No. 27710 (The Reserve, Applicant). Rec: By Minute Motion, accept the subject subdivision improvements as complete and authorize the City Clerk to release the related improvement securities. M. REOUEST FOR APPROVAL of Reimbursement for Modifications to the South Frontage Road West of Portola Avenue and Highway 111. Removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. N. REOUEST FOR APPROVAL of Community Development Block Grant (CDBG) Subrecipient Agreements for Fiscal Year 2000/01. Removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. 0. REOUEST FOR APPROVAL of Ambulance Permit and Business License for Balboa Ambulance. Rec: By Minute Motion, approve the subject ambulance permit and business license for Balboa Ambulance, San Diego, California. P. REOUEST FOR APPROVAL of Participation in the "Make Someone a Star" Campaign. Rec: By Minute Motion, appropriate $5,000 from the Unobligated General Fund for the subject retail customer service campaign in the City of Palm Desert. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Q. REQUEST FOR APPROVAL of the El Paseo "Tree Lighting Ceremony." Rec: By Minute Motion, authorize the El Paseo Collection and the Galleria to stage their annual "Tree Lighting Ceremony" on Wednesday, November 22, 2000 (Thanksgiving Eve), from 5:00 p.m. to 6:30 p.m. Councilman Kelly asked that Items M and N be removed for separate discussion under Section VII, Consent Items Held Over, of the Agenda. Ms. Klassen requested that Item A be continued to the next meeting. Councilman Spiegel moved to approve the remainder ofthe Consent Calendar, with Item Abeing continued to the meeting of December 14, 2000. Motion was seconded by Benson and carried by unanimous vote of the Council. VII. CONSENT ITEMS HELD OVER M. REQUEST FOR APPROVAL of Reimbursement for Modifications to the South Frontage Road West of Portola Avenue and Highway 111. Councilman Kelly said this request was to reimburse the developer for work that had been done, and he asked if this was work the developer was required to do for the development. Mr. Folkers responded that as part of the superblock program, the City had been working with various property owners along that area to remove the frontage road whenever possible. When this project came about, the intent was to turn the frontage road into Presidents Plaza; as a result, the developer was required to take care of everything south of the north property line, and the City was responsible for the other part, which the developer actually did. He said it cost approximately $26,000 to remove the frontage road from Portola west about 150 feet. Councilman Kelly said it didn't make sense that the City ended up giving up part of the frontage road, the developer gained property as a result of that, and then the City is going to reimburse the developer. He said he realized that the building did not come all the way to where the frontage road was; however, if the setback was done from the frontage road, the building would have been back about 20 more feet, which he felt would have looked a lot better. He added that he was wondering why the City would give up land and then not require the developer to take care of the associated improvements in the road, which every other developer was asked to do. Mr. Folkers responded that the developer had given the City right-of-way for the north/south connector from the frontage road into Presidents Plaza and paid for the construction of that portion of the road. Councilman Kelly moved to continue this matter to the meeting of December 14, 2000. Motion was seconded by Spiegel and carried by unanimous vote. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * N. REOUEST FOR APPROVAL of Community Development Block Grant (CDBG) Subrecipient Agreements for Fiscal Year 2000/01. Councilman Kelly asked for an explanation of the Coachella Valley Wide Resuscitation Project and Nightengale Manor, which were being funded with this request. Mr. Ortega stated that Nightengale Manor provided temporary housing for homeless people. Councilman Spiegel stated that the Coachella Valley Wide Resuscitation Project was for defibrillators for the Fire Department. Councilman Kelly stated he was proposing at one time to the Cove Communities Public Safety Commission, when 19 firemen and paramedics were being added, that for a small fraction of that money, defibrillators could be purchased and people trained at different gated communities. He said he would like to get something going for the Cove Communities to provide defibrillators and the training. Councilman Kelly moved to, by Minute Motion, approve the subject agreements with the following agencies: 1) Emmanual House; 2) Institute of Critical Care Medicine; 3) Housing Authority of the County of Riverside; 3) Palm Desert Redevelopment Agency, with additional direction to staff to take an item of business% to the City's Public Safety Commission regarding an extensive defibrillator program for the Cove Communities, including equipment and training, to be followed by taking the item to the Cove Commission. Motion was. seconded by Ferguson and carried by unanimous vote. With Council concurrence, Mayor Crites suspended the remainder of the Agenda at this point in order to consider Public Hearing Item C. He said staffs recommendation was that, because of all of the changes that had been made to the project, it should be forwarded to the Planning Commission for rehearing. Please see that portion of the Minutes for Council discussion and action. VIII. RESOLUTIONS A. RESOLUTION NO. 00-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING PAYMENT BY THE PARKVIEW OFFICE COMPLEX TO THE CITY' S GENERAL FUND TO COVER PARKVIEW' S PORTION OF THE CIVIC CENTER PARK MAINTENANCE AND LANDSCAPING COSTS. Mr. Ortega noted the staff report in the packets and offered to answer any questions. Councilman Spiegel moved to waive further reading and adopt Resolution No. 00-129. Motion was seconded by Ferguson and carried by unanimous vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * IX. ORDINANCES For Introduction: None For Adontion: A. ORDINANCE NO. 971 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 3.40 OF THE PALM DESERT MUNICIPAL CODE RELATING TO THE PARKING AND BUSINESS IMPROVEMENT AREA. Mr. Ortega stated there had been no changes to this ordinance since its introduction. Councilman Kelly moved to waive further reading and adopt Ordinance No. 971. Motion was seconded by Ferguson and carried by unanimous vote. X. NEW BUSINESS A. REOUEST FOR APPROVAL OF PARK PATROL FUNDING FOR FISCAL YEAR 2000/01. Mr. Ortega noted the staff report in the packets. Councilman Spiegel asked if this was inadvertently left out of the budget, and Mr. Ortega agreed. Councilman Spiegel moved to, by Minute Motion, appropriate $166,530 from the Unobligated General Fund Reserves for Park Patrol Services by the Coachella Valley Recreation & Park District for Fiscal Year 2000/01. Motion was seconded by Kelly and carried by unanimous vote. B. PRESENTATION ON THE "TOSCANA" PROJECT BY SUNRISE DESERT PARTNERS. Mayor Crites stated that Mr. Bill Bone had asked that this matter be held at least until 5:30 p.m. as he is flying back to the desert from Dallas. MR. BILL BONE, 281 Eagle Dance Circle, Palm Desert, first thanked and commended the Council for doing a great job on Hovley Lane with the wall and landscaping as well as the Oasis Club Drive landscaping and the Cook Street median. He said these improvements greatly beautified the area and enhanced the quality of life. He said his purpose in attending this meeting was to update the Council on plans for the 640 acres of land he owned between Hovley Lane and Fred Waring Drive. He said they had an application pending with the City of Indian Wells to develop the property. The City of Indian Wells General Plan currently shows 200 acres of the land still zoned for resort commercial, which would allow a 750-room hotel and a variety of resort, commercial, retail, etc. The balance of 400+ acres was zoned for low -density residential, three to the acre. He said the property could be developed with 1,200 homes and a 750-room resort with golf course. He noted his plan was to do 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .s something similar to Indian Ridge, with two golf courses, club facilities, sports club, tennis. swimming, etc., but it would only have 650 lots as opposed to the 1,068 lots at Indian Ridge. He noted that more than half the site would be devoted to open space and golf, and all of the homes would be on the golf course. He said they had worked out the grading plan along the east property line, which is common with the Oasis Country Club and Palm Desert Country Club, so that the grades are the same and the walls would be the same height. They also proposed to go in, remove all of the fences that are in various states of disrepair, and replace them with a new wall at the developer's expense if those 40+ property owners would agree. With regard to traffic, he said they had agreed with the City of Palm Desert to expedite the other half of Hovley Lane. In addition, the project was designed so that there will be a 110-foot right-of-way on Fred Waring Drive, which would allow up to six lanes of traffic if the City of Indian Wells would agree to stripe it that way. He said another issue raised was Eldorado, and the General Plan of the City of Indian Wells showed that street as not being a public street. He said the City of Indian Wells did provide for a requirement to do a traffic study based upon the proposed development to see, depending upon the density and the land -use of the development, that if it was required they could require it to be made public. A traffic study was done by RKJK Group, and the conclusion was that based on the low -density nature of this project, with only 650 homes and no commercial, a north -south connection in this area was not necessary. He said he had agreed with the City of Indian Wells' suggestion that there be emergency access available, with gates at either end of that street, which would connect Eldorado where it now ends at Hovley with Eldorado where the signal is on Fred Waring Drive. "'" Mr. Bone stated that there had been a couple of proposals for alternate locations for a north -south * street, one being on the east property line; however, with all of the homes that abut the east property line, he felt it would be very politically divisive and inflammatory to suggest putting a street in those people's back yards. He said it was also suggested that such a street could go along the westerly property line; however, the property in the corner between the Channel and Fred Waring Drive was deeded to Southern California Edison a number of years ago for a substation, so there was not sufficient width for a street. He said the project was designed without provision for a north -south street on either the east or the west property line. Because the golf course design and the civil engineering was done, it would be a hardship for the developer to go back and redesign to provide for such a street. He said he had suggested to the Mayor that if at any time in the future it was something that really had to be done, the Water District on its property has a north -south road the whole length of that property which they use for access and maintenance. He offered to answer any questions, and he asked for Council's support of the project as it is currently designed. Councilman Kelly thanked Mr. Bone and complimented Mr. Phil Smith for his contribution to the Desert Willow Subcommittee. He said Mr. Smith provides information that the Committee would not normally have and is extremely diplomatic in telling the Committee how things are done in the "real world." Mayor Pro-Tem Ferguson stated that it was his understanding that primary jurisdiction for thi; property is in the City of Indian Wells. He said it was his hope that at some point in the plannin€ process in the City of Indian Wells, they do reserve the option of making a north -south road alon .0 the western portion of the land. He said the City of Palm Desert was struggling to keep its improvements up on Cook Street, and with Fred Waring becoming a major east -west artery, he said 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * he could imagine at some point that it might be a very necessary cut -through both for Indian Wells residents and perhaps for Palm Desert residents as well. Councilman Kelly noted that the City of Palm Desert had committed $27 million to make Fred Waring Drive from Highway 111 to the City's eastern border six lanes, and he said the Council would not be happy if the small section of Fred Waring which runs along this property is not also six lanes. He asked if Mr. Bone would do everything he could to convince the City of Indian Wells that it needs to let this development proceed as planned, with six lanes on Fred Waring Drive. Mr. Bone said he would have no problem with this and was supportive of the six lanes on Fred Waring Drive. No Council action was required or taken on this matter. C. REOUEST FOR APPROVAL OF PRESIDENT'S PLAZA III PARKING PRELIMINARY DESIGN. Mr. Ortega noted the staff report in the packets along with a scope and projected time frame for the project. Councilman Kelly moved to, by Minute Motion: 1) Approve Contract No. C18310 with MuniFinancial, Temecula, California, in the amount of $17,860 for administration of the subject project and related assessments and authorize a ten percent (10%) contingency in the amount of $1,786 -- total of $19,646; 2) approve Contract No. C18320 with Warner Engineering, Palm Desert, California, in the amount of $34,560 for engineering the subject parking area and authorize a ten percent (10%) contingency in the amount of $3,456 -- total of $38,016; 3) authorize the Director of Finance to appropriate $57,662 from Unallocated Construction Tax funds for the aforementioned. Motion was seconded by Benson. Mayor Pro-Tem Ferguson stated that although he had been advised he did not legally have to abstain from voting on this matter, he would do so because the project is immediately behind his office building. Mayor Crites called for the vote, and the motion carried by a 4-0-1 vote, with Mayor Pro-Tem Ferguson ABSTAINING. XI. CONTINUED BUSINESS A. DISCUSSION RELATIVE TO CIVIC CENTER COVERED PARKING (Continued from the meeting of October 12, 2000). Architect Frank Urrutia reviewed two proposals. The first reflected a masonry wing wall construction similar to the U.S. Filter carport design. Councilman Kelly expressed concern about the lack of visibility with the wing wall design and suggested the use of columns. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Urrutia presented the second design concept showing a central column design similar to the original design concept but without the curved steel overhead trellis. He stated that this concept would cost substantially less than the original design, approximately 60-80% of what the original design budget reflected. With Council concurrence, Mr. Urrutia was instructed to pursue the second conceptual proposal showing the central column design and bring back to the Council cost estimates for providing covered parking in the areas previously denoted at an earlier Council meeting (north parking lot and center aisle of central Civic Center parking lot and the entire central Civic Center parking lot). XII. OLD BUSINESS A. REOUEST FOR AWARD OF CONTRACT FOR THE COUNCIL CHAMBER REMODELING PROJECT. Mr. Ortega noted the staff report in the packets and stated that Mr. Conlon was available to answer any questions. Upon question by Councilman Spiegel, Mr. Conlon responded that the project was expected to be complete by Friday, February 2, 2001. Councilman Spiegel moved to, by Minute Motion: 1) Award Contract No. C17940 to the lowesto responsible bidder based upon a thorough review of the bids to be opened Friday, November 3, 2000, at 2:00 p.m.; 2) ratify Contract No. C 18220 with Leigh and Associates, Palm Desert, California, in the amount of $7,500 for interior design services provided for the subject project; 3) direct the Director of Finance to appropriate funding for the project. Motion was seconded by Ferguson. Councilmember Benson stated that she had occasion to be in the La Quinta Council Chamber the previous Saturday, and she felt it was not very well done. She said there was only one microphone that worked, and they were not able to get the volume right on it. Slides were then shown on their big screen, but it was difficult to see the slides because of the light wells. Councilman Kelly said he felt this was a lot of money to spend to change something that is already functional. He added that he felt the City of Palm Desert had a nice looking Council Chamber that was functional as well., Mayor Pro-Tem Ferguson agreed it was a beautiful Council Chamber; however, it was a shame that the City Councilmembers have to sit up on the dais and have conversations with architects while the audience looks at their backs, cannot see the plans, and cannot understand what it is that is being discussed. He said part of the cost of this remodel included changing from a front projection television screen to a rear projection television screen that can be seen no matter what lights are on how much sunshine is coming in through, or what angle you are at. He said the monitors will alloy, the Councilmembers to be able to look at plans without having to get up and walk over to them ors ... the walls. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Councilman Kelly stated that the Council Chamber had monitors once before, and staff had never used them. He expressed concern with spending money for something staff may never use. Mr. Drell stated that most of the architects have the capability of providing CDS with plans on them, and staff will be able to use that as part of its submittal to Council. Mayor Crites called for the vote, and the motion carried by unanimous vote. B. REOUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C16100 -- CONSTRUCTION OF THE PALM DESERT COUNTRY CLUB NEIGHBORHOOD PARK (PROJECT NO. 684-99). Mr. Ortega 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 $58,318.95 to the subject contract with James E. Simon Company, Indio, California, for additional work required to complete the subject project; 2) authorize the transfer of said amount from contingency to base contract for this project. Motion was seconded by Ferguson and carried by unanimous vote. C. CONSIDERATION OF REQUEST BY EDITH MORREY FOR REFUND OF PRESIDENTS PLAZA BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS. Mr. Ortega noted the report in the packets from Mr. Gibson. Councilman Spiegel moved to, by Minute Motion, approve Edith Morrey's request for a refund for the past four years of Presidents Plaza assessment in the amount of $169.90 per year. Motion was seconded by Crites and carried by unanimous vote. D. PRESENTATION OF STATUS REPORT BY CONSULTANTS FOR THE RIVERSIDE COUNTY INTEGRATED PLAN. MR. BRIAN JUDD said he was with The Planning Center, hired by the County of Riverside to prepare a new General Plan update for the County as part of the Riverside County Integrated Project (RCIP). He said Riverside County was expected to nearly double in population by the year 2020, and the challenge facing the County was how to achieve a balance between housing, transportation, and economic needs with protecting natural resources and the environment. He said the RCIP was a three-part process addressing land -use issues through the General Plan updates and the area plans and habitat conservation in western Riverside County with the Multi -Species Habitat Conservation Program. He noted that the components (land -use, habitat conservation, and transportation) each had an advisory committee made up of different representatives throughout the County representing the Building Industry Association, environmental groups, property rights groups, the Farm Bureau, and others. He elaborated in detail on the various aspects of the plan to date. He said the four major goals of the RCIP were expanded opportunities for strategically located activity centers, coherent patterns of habitat conservation, accommodation of the transportation needs for this urbanizing county, and a balance between certainty/flexibility and regulation/incentives. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With regard to the Rancho Mirage sphere of influence area, he said they felt there were some unique characteristics in this area that called for further study, including central location, access to Interstate ""e 10, and potential transit and rail access. He said as far as the casino that is currently being built, they felt it would have some significant impact on the area, and they wanted to address the realignment of Bob Hope Drive across the freeway. He said they were proposing a joint planning effort for this area between the County of Riverside, the City of Rancho Mirage, and the Cahuilla Indians. He added that an important component to this joint planning effort was coordination with the Cities of Palm Desert and Cathedral City. He stated that they would continue their Council presentations throughout the western Coachella Valley and would continue meeting regularly with the Planning Directors from the cities in the Coachella Valley. He said they had workshops with the community and would compile all of the comments from the cities and the community, go back and refine the plans, and go through the public hearing process which was currently scheduled to begin in the spring of 2001 and continue on through the spring of 2002. He offered to answer any questions. No Council action was required or taken on this matter. XIII. REPORTS AND REMARKS A. INFORMATIONAL ITEMS: 1. 2. Progress Report on Retail Center Vacancies Ms. Ruth Ann Moore noted her report in the packets and offered to answer any questions. Status of Fringe -Toed Lizard Mitigation Memorandum of Understanding Mayor Crites stated that this issue was still being worked on. He said there were some issues with the County, and the County was prepared to move forward on signing the Memorandum of Understanding later this month. B. CITY MANAGER None 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. CITY ATTORNEY Mr. Erwin requested a Closed Session at an appropriate time for the items shown on the Agenda. He asked that Council consider several items to be added to that which had arisen since the Agenda was posted: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b) — increase number of cases from two to four Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Leasing of site at Fire Station No. 71, 73-995 Country Club Drive, Palm Desert, CA Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: City of Palm Desert Other Parties: County of Riverside; Sprint PCS Under Negotiation: x Price x Terms of Payment Mr. Erwin stated that an existing item of property negotiation should be listed as follows, correcting that which was listed on the agenda: 1) Property: APN 640-080-008 (Booster Station) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Palm Desert Redevelopment Agency Under Negotiation: x Price x Terms of Payment Mr. Erwin asked that Council also consider adding to the Agenda the following item: CONSIDERATION OF REQUEST FOR SUBSTITUTION OF CONTRACTOR IN PLACE OF ONE SUBCONTRACTOR FOR THE PROJECT AT AVONDALE COUNTRY CLUB. Councilman Spiegel moved to, by Minute Motion, add all of these items to the Closed Session Agenda. Motion was seconded by Ferguson and carried by unanimous vote. Councilman Kelly moved to, by Minute Motion, authorize staffto accept substitution of contractor in place of one subcontractor for the project at Avondale Country Club, subject to receipt of all proper documentation and satisfaction of the City Attorney. Motion was seconded by Ferguson and carried by unanimous vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1) Request for Closed Session: .41111 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: APN 640-080-008 Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Bighorn Development, LLC Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court, Case No. BC 106 461 b) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 Conference with Legal Counsel regarding significant exposure to litigation pursuant to""'* Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Titles of Positions: City Attorney Redevelopment Agency Attorney City Manager 2) Renort and Action on Items from Closed Session Made at This Meeting. None D. CITY CLERK 1. Consideration of December Regular City Council/Redevelopment Agency Meeting Schedule. No action was taken during the regular session on this item; however, during Closed Session and with Council concurrence, staff was directed to schedule a meeting for Declaration of Election Results and Council Reorganization for Friday, December 1, 2000, at 9:30 a.m. and to cancel the second meeting in December,.„ (December 28, 2000). 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Consideration of City of Palm Desert's Tobacco Ordinance (Councilmember Jean M. Benson). Councilmember Benson noted the memorandum in the packets and said she had attached all of the packet material she had received. She said she would like to see staff look at this information and return to Council with recommended changes. With Council concurrence, staffwas directed to evaluate the information provided and return to the Council with recommended changes (i.e., smoking in the park during movies and concerts). 2. Shelter for City Council Golf Cart (Councilman Richard S. Kelly). Councilman Kelly stated that the City had recently purchased a new golf cart to be used for parades, etc., and he felt it was important to immediately obtain a cover for it, with some kind of permanent enclosure to be constructed in the near future. He added that once the enclosure is constructed, the cover could be used when the golf cart is transported or for temporary parking purposes. With Council concurrence, staff was directed to obtain a cover for the new City Council golf cart, one that could be utilized immediately until alternatives could be evaluated for the construction of a permanent enclosure for it, with the cover to then be used for transport or temporary parking purposes. 3. Planning Commission Meeting Schedule (Councilman Richard S. Kelly). Councilman Kelly asked if there was a reason the Planning Commission meetings were scheduled for Tuesday evenings, and he noted that the last meeting of the Planning Commission was held on Election Day. He suggested the meetings be held the first and third Thursday of each month so as to be on opposite weeks from the City Council meetings. With Council concurrence, staffwas directed to inquire ofthe Planning Commissioners whether or not there is interest in changing the day of their meetings, suggesting possibly the first and third Thursday of each month, keeping them the same day of the week as regular City Council meetings. 4. SunLine Transit Agency (Councilman Richard S. Kelly). Councilman Kelly said he would like for a time to be arranged for Councilmembers to visit SunLine to see the latest developments there. He said SunLine had also offered to provide lunch for the Councilmembers if they would so like. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * With Council concurrence, staffwas directed to arrange for Councilmembers a mutually convenient mid -day appointment at SunLine for lunch and to see the latest developments there. 5. Council Chamber Cell Phone Free Zone (Mayor Pro-Tem Jim Ferguson). Mayor Pro-Tem Ferguson stated that when he and Councilman Kelly went to Phoenix to look at a hotel, the restaurant where they had eaten had a sign indicating "no cell phones." He said he felt this was a little silly until he sat through a nice lunch and did not hear one cell phone ring. He suggested that the Council Chamber be designated a cell phone free zone during City Council meetings. With Council concurrence, the Council Chamber was designed a cell phone free area during City Council meetings, with staff further directed to place appropriate signage at the entrance indicating such designation. 6. Commendation for Landscape Manager Spencer Knight (Mayor Buford A. Crites). Mayor Crites noted that yesterday's newspaper had an article about Landscape Manager Spencer Knight's presentation on gardening and lawn care at The Living Desert. He said he felt this was worthy of commendation, and this was exactly the sort of community outreach that should be made by City staff. With Council concurrence, the City Manager was directed to commend Mr. Knight for the presentation h recently made on gardening and lawn care at The Living Desert. o City Council Committee Reports: 1. Coachella Valley Rose Society (Councilman Robert A. Spiegel). Councilman Spiegel stated that the Coachella Valley Rose Society held its annual demonstration in the Civic Center Park Rose Garden on Saturday, November 4, 2000, with tremendous turnout. 2. CVAG's Energy & Environment Committee Meeting (Mayor Buford A. Crites). Mayor Crites noted that at today's meeting, the AQMD brought down its new proposals for control of fugitive dust (all the PM10), which he felt would be most appropriate for the project discussed earlier under Public Hearing Item C (ABD Palm Desert 118, LLC). He said he hoped the City would be quickly in line to be in compliance with all of the regulations. He added that the Energy & Environment Committee would be forwarding it to the Executive Committee and then through tins,. various cities. XIV. COMPLETION OF HELD OVER ITEMS None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * XV. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING NOVEMBER 12 - 18, 2000, AS "ALZHEIMER'S DISEASE AWARENESS WEEK" IN THE CITY OF PALM DESERT. Mayor Crites presented the proclamation to Ms. Padelford of the Alzheimer's Association. XVI PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING THE INSTALLATION OF "TIME AND TEMPERATURE" SIGN WITHIN THE PROPOSED MONUMENT SIGN AND CONSIDERATION OF AN EXCEPTION TO THE SIGN ORDINANCE (SECTION 25.68.310) TO ALLOW THE CONSTRUCTION OF A SECOND MONUMENT SIGN FOR THE NEW JIFFY LUBE FACILITY LOCATED AT 42-275 WASHINGTON STREET Case No. 00-89 SA (Rio Fine Neon for Jiffy Lube, Appellant). Mr. Drell reviewed the staff report, noting that City code specifies one monument sign per frontage unless there is a good reason to have more. In this case, Architectural Review Commission was recommending that an additional monument sign be added because of the design of the building. He said the Commission felt there was no good location on the building to place the sign and that it would look more attractive as a monument sign. He noted that the sign included a time and temperature display. The Architectural Review Commission felt, from a design point of view, that the sign face would be too cramped and subsequently recommended it not include a time and temperature display. He said the City's ordinance does specifically permit a time and temperature display, with appropriate design. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MS. FINE SCORE, representing Jiffy Lube, showed a scaled drawing of the proposed sign and said they felt it was not cluttered. In addition, there was no residential area near the sign that would present a problem because the facility was located across the street from Walgreen's. Upon question by Councilman Spiegel, Mr. Drell responded that Commission Van Vliet did not clearly articulate the reasons for his negative vote on the monument sign. Councilman Spiegel stated that from the Minutes, basically the only thing the Architectural Review Commission said was that it is okay for two signs but not with time and temperature display. Mr. Drell agreed and said it was approved by the Architectural Review Commission without time and temperature, and the applicant had appealed that portion of the approval. Upon question by Councilmember Benson relative to the location of the second monument sign, Mr. Drell responded that Jiffy Lube had only one monument sign and that the other was for the entire center. Councilman Spiegel asked why the applicant felt it was necessary to have the time and temperature display. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ms. Score responded that Jiffy Lube was integrating the time and temperature features in their newel locations and felt it looked nice aesthetically on the monument sign. `"" With no further testimony offered, Mayor Crites declared the public hearing closed. Councilmember Benson said she did not have any objection to including the time and temperature display on the monument sign at that location. Councilmember Benson moved to, by Minute Motion: 1) Grant the appeal and approve the design of the monument sign with the "time and temperature" display as presented; 2) approve an exception to the Sign Ordinance (Section 25.68.310) to allow the use of a second monument sign for the Jiffy Lube facility located at 42-275 Washington Street. Motion was seconded by Spiegel and Kelly and carried by unanimous vote. B. CONSIDERATION OF THE APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE, CHAPTER 25.25.016, RELATIVE TO SETBACK REQUIREMENTS IN THE OFFICE PROFESSIONAL (O.P.) DISTRICT Case No. ZOA 00-09 (City of Palm Desert, Applicant). Mayor Crites noted the staff report in the packets and asked if there were any questions. Councilman Kelly expressed concern in that there had been several projects in the last year that he felt the setbacks looked good; however, when the building was actually constructed, it did not loolaradr nice because of those setbacks. In addition, he said he would like to see something different for corners, especially on main thoroughfares in the City such as Highway 111, Monterey Avenue, and Country Club. With regard to El Paseo, he said buildings could be right at the sidewalk and still look nice, but on Highway 111, especially where there was previously a frontage road, he did not think buildings should be constructed past what was originally the frontage road setback. Mayor Crites asked if this was an urgency item. Mr. Steve Smith responded that it was not an urgency item. He noted that this would only apply in the Office Professional District. Mayor Crites suggested taking a couple of buildings to look at how they would have been treated under this proposed zoning versus how they were treated under the existing zoning. Mayor Pro-Tem Ferguson asked whether this issue had gone before the Comprehensive Zoning Ordinance Review Committee. Mr. Smith responded that it was before that Committee; however, the Committee chose not tq,,,,,,, consider it. Planning Commission then redirected staff to process this amendment. Councilman Kelly volunteered to serve on a committee to look into this further and compare some. buildings. Councilmember Benson also volunteered to serve in that capacity. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. Councilman Spiegel moved to continue this matter to the meeting of January 11, 2001, with Councilman Kelly and Councilmember Benson appointed to evaluate the matter prior to its next consideration. Motion was seconded by Ferguson and carried by unanimous vote. C. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO THE CITY COUNCIL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL/INDUSTRIAL TO LOW DENSITY RESIDENTIAL/PARK, A CHANGE OF ZONE FROM R-1 12,000 TO PR- 4/OPEN SPACE, A TENTATIVE TRACT MAP FOR 270 SINGLE FAMILY LOTS (8,000 SQ. FT. MINIMUM) AND 1 LOT FOR PARK PURPOSES, A 9-LOT TENTATIVE TRACT MAP FOR FINANCING PURPOSES, AND A DEVELOPMENT AGREEMENT ON 117.5± ACRES AT THE NORTHEAST CORNER OF TAMARISK ROW DRIVE AND COUNTRY CLUB DRIVE Case Nos. GPA 00-7, C/Z 00-5. TT 29468. TT 29555. and DA 00-1. (ABD Palm Desert 118, LLC, Appellant). Mr. Drell gave a brief history of this project, noting that when the developer first came to the City to develop the property as residential, the City expressed an interest in acquiring a portion of it for a park. After negotiation and many redesigns, the resulting plan included a 38-acre park site and a 270-lot single-family subdivision. The zoning was R-1 12,000, and in order for the developer to achieve the 270 lots on the smaller property (79 acres due to the 38-acre park), the minimum lot size was reduced to as small as 8,100 square feet, with an average of 9,600 square feet; therefore, the developer requested a change of zone for the property. When presented to the Planning Commission, there were a number of issues brought up by the adjacent Regency Estates Homeowners Association, and the Planning Commission also had some specific issues, which led to the denial of the project. He said the applicant had originally requested exception to certain aspects of the Zoning Ordinance relative to side yards and the City's recently enacted restriction on detached accessory structures in rear yards. He said the Code requires minimum 14-foot combined side yards, usually 9-feet and 5- feet, and the developer was requesting that the smaller lots be allowed 10-foot combined side yards. The goal was to have larger houses built on the smaller lots. The second request was to allow a detached casita in the rear yards, which the City's recently enacted ordinance would restrict, and the developer was requesting an exception to that ordinance. In response to concerns by the Planning Commission, the developer had dropped those two requests, and the project as proposed would comply with all applicable Zoning Ordinance requirements. With regard to lot density and size, the zoning required lots of 12,000 square feet, and the developer was requesting a range of lots from 8,100 square feet to 16,000 square feet. He said 270 units on 79 acres yielded a density of 3.4 units per acre, which fell within the low density general plan classification. Analyzed based on gross density, taking in the entire 117 acres, it would be slightly over two units per acre. He said if the entire site were to be developed with 12,000 square foot lots per existing zoning, it would yield somewhere between 280 and 300 units; the number of units being 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * developed on this project, with the smaller lot size and the park, was less than would have beer developed if it had been developed under the current zoning of 12,000 square foot lots. Mr. Drell stated that at the time of the Planning Commission hearing, the applicant had not presented any actual designs for the units. He had subsequently produced some house designs, copies of which were included in the Council packets. He said the proposed homes would range from 7,800 square feet to 3,100 square feet, with a selling price of $229,000 to $336,000. These prices were within the range of what homes are selling for in that neighborhood. He said another issue was traffic, and the Regency Estates Homeowners Association objected to the increase of traffic on Tamarisk Row as a result of the rezoning and the smaller lot size. He said because of the park there would be fewer homes developed on the property with access to Tamarisk Row, so the zoning itself would not create additional traffic than was originally anticipated by the general plan of zoning. Traffic studies had been done on Tamarisk Row to determine the current levels of traffic and project what the added traffic of the project would be. It was originally done in August but was redone in October to take into account school trips. He said the developer was required to expand the street to the level of a major thoroughfare, which it had always been designated as. In response to the Regency Estates Homeowners Association comment relative to the location of the access on Tamarisk directly opposite their entrance and the fact that this would create congestion, the developer had proposed to combine his entrances mid -block and, if deemed necessar)' or appropriate, signalize that entrance at his cost. With regard to school impacts, he said the number of children generated by the project as measured by the number of units would be lower than originally proposed at the 12,000 square feet. He said the project would generate approximately $1.3 million in school fees and would also include a school site. He said the school district had agreed this was the only available vacant land in that area, and it was very likely the district would move ahead with a school, subject to appropriate negotiations. Mr. Drell stated that there was some concern about the impacts of the future park, which would be located on the east side of the property, as far away from the existing residential development as possible. He said in preliminary planning, the lit field areas would be located in the northeast corner against the railroad tracks and the industrial park. He said the bulk of the negative impacts in this case would be visited on the proposed development and the future residents of the subdivision. He noted the project had a large frontage on Country Club Drive, a large frontage on the railroad tracks, and would have a large frontage on the park. All of these argued for a greater diversity of housing opportunities. He said the only thing that large lots accomplish is they guarantee a more expensive home. It was felt a project like this would have a greater diversity of housing products and prices so that a greater range of residents could enjoy access to the park. He added that management and supervision of this new park would be at the same level as the Civic Center Park which had experienced very few significant problems over the past 13 years. Mr. Drell noted that staff was requesting that this project be referred back to the PlanninE Commission because it had not had an opportunity to review these changes or the new information- provided by the applicant. He summarized the new information as the elimination of the request for 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * setback and zoning exceptions, the presentation of the actual house designs and costs, and the issue of relocation of the entrance and the proposal to signalize that entrance. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. MR. JACK SHINE, 16830 Ventura Blvd., Encino, California, addressed Council as the developer and said he felt staffhad adequately and specifically enumerated all of the changes that had occurred since the project was before the Planning Commission. He said they had met with all of the homeowners associations surrounding the project to get their input, and it was that input and the comments of the Planning Commission that resulted in the changes and modifications to the project. He said they concurred with staff's recommendation to send the matter back to Planning Commission, and he said they looked forward to having the opportunity to make a complete presentation of the current project with those changes. Upon question by Mayor Crites, Mr. Drell responded that staff's recommendation was to return this to the Planning Commission for a report and to continue the public hearing to the meeting of December 14, 2000. MS. MARJORIE HARLAN, 41-946 Preston Trail, resident of Palm Desert Resort, across the street from the proposed development, and a member of the City's Project Area 4 Committee. She said the project had come before the Project Area 4 Committee, which opposed any rezoning in the area that was less than R-1 9,000. She said while the average size of the lots would be over 9,000 square feet, the change in zoning would be to R-1 8,000. She said she would not like to see this precedent set. She noted that within the proposed park would be a soccer field. There were not a lot of people within Project Area 4 who play soccer, and she felt the park would better serve this area if that land were allowed to the developer to enlarge the lots enough to make it possible to rezone the project R-19,000. Other than that, she said she was very much impressed with the proposal. She added that she would like to see the wall go up immediately, and she said she knew it was the City's policy that on a development of this type, the wall would go up first. MR. TOM HARLAN, representing the Palm Desert Resorter Homeowners Association, addressed Council and stated that the HOA had no trouble supporting this project. However, there were reservations with regard to the mitigation of blowing dust and sand. He urged the Council to include in the restrictions on the developer that the perimeter walls go in during Phase I of the construction. He said that would be along Country Club Drive and northerly along Tamarisk. He said they would also like to have some assurances from the City that the block wall or perimeter wall will go in along Country Club Drive from Resorter Boulevard easterly along Country Club Drive. He added that it was his understanding this would be the City's responsibility. MR. JOHN YOUNG, 76-984 Sheffield Court, President of Regency Estates Homeowners Association, stated that Mr. Shine had met with residents last week; however, he had received input from residents who indicated they were not in favor of down -zoning the project and felt it should stay at R-1 12,000. He said some of the reasons were economic and some were in keeping with what they felt the density would and should be. He said they were still not satisfied with the amount of traffic 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * they believed would be generated along Tamarisk. In addition, they were not particularly happy with the numbers that were shown at the meeting as far as the lower overall pricing and values that would most probably occur in their neighborhood. He said in general, speaking for the Association, the amount of input that had come to him had been strongly against the down -zoning. MR. VAN TANNER, 39-918 Cricket Cove, said he was strongly opposed to the rezoning of this property. He said when he and his wife moved to Regency Estates, they purchased the last house constructed by Peter Solomon. He said at the time, Mr. Solomon was negotiating with the City to purchase the subject property and came to the conclusion that he could not economically do a housing subdivision there with R-1 12,000 and make it work for him. Now there is a proposal to reduce the zoning so that it can become economically feasible. He said had he known at the time that this was a possibility, he did not think he would have purchased his home. MS. LESLIE TODD, 38-981 Palace Drive, Vice President of the Regency Estates Homeowners Association, said she strongly objected to the downsizing of the property. She said another concern was with the installation of walls around the project. When the project was originally discussed, the developer was talking about putting up only one wall at the beginning of the project along Country Club Drive and none along Tamarisk Row, which would directly affect the Regency Estates Regency Palms developments. With regard to the issue of the school, she said it was stated last month that the school district did not want to build there because it was in the flight path of the airport. She said she had not heard whether there had been a change in that decision. With regard to landscaping, there was discussion about desert landscaping on the exterior of the project rather than the lush green... landscaping of the surrounding developments. She expressed concern with the traffic study that was done and said the machine that measures traffic was not placed so that most of the people who exit through the back gate from Regency Palms or Regency Estates ever drove over it. She added that she was appalled that the developer was considering five-foot side yards for this development. Mayor Pro-Tem Ferguson moved to, by Minute Motion, refer the changes back to the Planning Commission for report and continue the public hearing to the meeting of December 14, 2000. Motion was seconded by Spiegel. Councilman Kelly asked if the setback on Country Club Drive was comparable to the setback at the Resorter. Mr. Drell responded that the setback for the wall would be 20 feet, although he did not know what the setback was for the Resorter. Upon question by Mayor Crites, he said there was no code for the setback of the wall, although the City's standard practice had been 20 feet from curb to allow for 12 feet of landscaping and an eight -foot sidewalk. Councilman Kelly said he would be looking for a comparable setback when this project comes back to the City Council. A representative from the Resorter stated that she guessed the setback for the Resorter was.... approximately 100 feet because it was designed as a selling feature, originally for a hotel use. She 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * said the developer was proposing the setback for this project be similar to Regency Estates, Regency Palms, and Indian Ridge. She said she would have no objection to this setback as proposed. Mayor Pro-Tem Ferguson stated he had received comments relative to the park. The comments were basically that since the City wanted a park on the land in question, somehow it was willing to make concession to the developer that may not be compatible with the neighbors. He said he felt nothing was farther from the truth, and when five members of the Planning Commission unanimously go against a staff recommendation and vote something down, he felt it would have little or no chance of getting by the City Council. He said this project was not being sent back to Planning Commission to find out if it really meant what it said; it was being sent back as a favor to the applicant who had substantially reworked his proposal and did need to meet with the satisfaction of the neighbors as part of the planning process, start all over again with the Planning Department. What the Council will see at the end of that process on December 14th he suspected would be a lot different than what was seen at the beginning of the process. He said as far as he was concerned, the park had absolutely nothing to do with what will be done with this property. What had everything to do with this property was what the City's codes and standards are and what the residents' input is. Mayor Crites called for the vote, and the motion carried by unanimous vote. Upon question by Councilman Spiegel, Mr. Drell responded that this matter would be before the Planning Commission at its meeting of November 21, 2000, at 7:00 p.m. D. CONSIDERATION OF 2001/02 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Mr. Ortega reviewed the staff report, noting that notices were sent to various agencies. He said once applications for funding are received, staff will return to Council with a report and recommendations. Mayor Crites declared the public hearing open and invited testimony. With no testimony offered, he declared the public hearing closed. No Council action was required or taken on this matter. XVII. ADJOURNMENT With Council concurrence, Mayor Crites adjourned the meeting to Closed Session at 6:14 p.m. He reconvened the meeting at 7:25 p.m., and City Attorney Erwin made the following announcements from Closed Session: 1) On a unanimous vote of the City Council, the Claim Against the City presented by Mr. Robert A. Compton was rejected. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 9, 2000 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2) On a unanimous vote of the City Council, City Attorney Services (outside the monthly retainer) and Redevelopment Agency Counsel Services in the following amounts were approved: Partners $175/hour Associates $150/hour Paralegals/Assistants $ 90/hour With Council concurrence, Mayor Crites immediately adjourned the meeting following the above announcements. ATTEST: SHEILA R. GIL k CLERK CITY OF PALM DESER : ' ALIFORNIA 24