Loading...
HomeMy WebLinkAbout2002-08-22MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, AUGUST 22, 2002 CIVIC CENTER COUNCIL CHAMBER 1. CALL TO ORDER - 3:00 P.M. Mayor Kelly convened the meeting at 3:04 p.m. II. ROLL CALL Present: Excused Absence: Councilman Crites arrived at 3:05 p.m. Mayor Pro-Tempore Jean M. Benson Councilman Jim Ferguson Councilman Robert A. Spiegel Mayor Richard S. Kelly Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk Sheila R. Gilligan, ACM for Community Services Homer Croy, Acting ACM for Development Services Justin McCarthy, ACM for Redevelopment Amir Hamidzadeh, Acting Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Martin Pinon, Director of Human Resources Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Steve Smith, Planning Manager III. ORAL COMMUNICATIONS - A None IV. ADJOURN TO CLOSED SESSION With Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 3:07 p.m. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 Reauest for Closed Session,: Upon motion by Spiegel, second by Crites, the following item was added to the Closed Session Agenda by a 4-0 vote of the Council: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 97 Acres west of the Palm Valley Channel, south of Painter's Path Negotiating Parties: Agency: Carlos L. Ortega/Phil Drell/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: George Fox 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 Mobile Home Park Homeowners' Association v. City of Palm Desert, Riverside County Superior Court Case No. INC 019015 b) Renee Capela v. City of Palm Desert, Riverside County Superior Court Case No. INC 021720 Upon motion by Spiegel, second by Crites, the following item was added to the Closed Session Agenda by a 4-0 vote of the Council: c) City of Palm Springs v. All Persons Interested, Riverside County Superior Court Case No. INC 051124 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon motion by Spiegel, second by Crites, the following item was added to the Closed Session Agenda by a 4-0 vote of the Council: Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 V. RECONVENE REGULAR MEETING - 4:00 P.M. Mayor Kelly reconvened the meeting at 4:01 p.m. A. REPORT ON ACTION FROM CLOSED SESSION. City Attorney Erwin reported that in the Closed Session just ended, on a 4-0 vote of the City Council/Redevelopment Agency Board (Benson ABSENT), the City Council/Agency Board approved a stipulation modifying the judgment in the matter of the City of Palm Springs v. All Persons Interested, Riverside County Superior Court Case No. INC 051124. VI. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites VII. INVOCATION - Mayor Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. EARL LINK for the Mazda Superstore, 79-225 Highway 111, La Quinta, CA, asked for the Council's consideration of their dealership's Labor Day Weekend car sale to be held at the Mervyn's shopping center. He was referred to staff for consideration of his request and the application process. MR. CARL CARDINALLI, BIGHORN Golf Club, 255 Palowet Drive, Palm Desert, reported back to the City Council regarding neighborhood concern and complaint for the noise levels generated by Bighorn's well pumps in the vicinity of Chia and Haystack. He said based on the recommendations of an acoustical engineer, sound enclosures were manufactured and subsequently installed on both pumps there. Over the last two days, decibel readings had been taken by the acoustical engineers, with ratings of 35-30 decibels; the City standard is 45 decibels for an average sound for an hour between 10:00 p.m. and 7:00 a.m. Therefore, he believed the sound enclosures had met and exceeded their goal, and the noise levels were less than when the original equipment was installed and operated for some 12 years before the most recent improvements were made. He thanked the City for its patience in allowing Bighorn to address and solve the issue. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE. The following employees were recognized for exceptional service: Gail Santee, Pat Scully, Tony Bagato, Carlos Hernandez, and Rochelle Hogele. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 B. APPOINTMENT OF HENRY HENDLERAS THE CITY OF PALM DESERT'S REPRESENTATIVE TO THE BOARD OF THE JOSLYN SENIOR CENTER. Councilman Ferguson moved to, by Minute Motion, appoint Mr. Henry Hendler as the City of Palm Desert's representative to the Board of the Joslyn Senior Center. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of July 11, 2002, and the Adjourned Joint City Council/Redevelopment Agency Meeting of July 31, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 106, 109, 1, 6, 7, 11, 14, 15, 4PD Office Complex, and 10PD Office Complex. Rec: Approve as presented. C-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by BP West Coast Products, LLC, forARCO AM/PM, 74-950 Gerald Ford Drive, Palm Desert. Rec: Receive and file. C-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Bistro III Palm Springs for Palmie, 44-491 Town Center Way, #G, Palm Desert. Rec: Receive and file. C-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Jowyn Garcia Villanueva forAlcobar Quick Shop & Deli, 42-005 Cook Street, Suite No. 110, Palm Desert. Rec: Receive and file. C-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Alexander Davidoff and Joanna Davidoff for Vintage Garden Cafe, 73-399 El Paseo, Palm Desert. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 C-5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by ExxonMobil Oil Corporation for Mobil 10400, 78-005 Country Club Drive, Palm Desert. Rec: Receive and file. C-6. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by ExxonMobil Oil Corporation for Mobil, 75-000 Gerald Ford Drive, Palm Desert. Rec: Receive and file. D. MINUTES of City Committee and Commission Meetings. 1. Housing Commission Meeting of June 12, 2002. 2. President's Plaza III Business Improvement District Advisory Board Meeting of July 31, 2002. 3. Sister Cities Subcommittee Meetings of May 16, and June 10, 2002. Rec: Receive and file. E. LETTER OF RESIGNATION from Tim Bartlett from the Art In Public Places Commission. Rec: Receive with very sincere regret. F. REQUEST FOR AUTHORIZATION to Destroy Records from the Department of Building & Safety that Have Been Microfilmed. Rec: Waive further reading and adopt: 1) Resolution No. 02-89, setting forth findings for the destruction of records for the month of March 2002; 2) Resolution No. 02-90, setting forth findings for the destruction of records for the month of April 2002. G-1. REQUEST FOR AUTHORIZATION to Disburse Art In Public Places Funds for Artwork Located at 73-710, 73-712, and 73-726 Alessandro Drive, Palm Desert (Carl Voce, Applicant). Rec: By Minute Motion: 1) Concur with the recommendation of the Art In Public Places Commission for final approval of the artwork located at 73-710, 73-712, and 73-726 Alessandro Drive; 2) concur with the recommendation of the Art In Public Places Commission to reimburse $8,000.24 in compliance fees to Applicant Carl Voce for placement of the artwork. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 G-2. REQUEST FOR APPROVAL Artist Commission for the Hampton Inn Located at 74-900 Gerald Ford Drive (Dutt Hospitality Group, Inc., Applicant). Rec: By Minute Motion, concur with the recommendation of the Art In Public Places Commission and approve the Applicant's request to commission Artist Bill Ware to create an artwork for the Hampton Inn located at 74-900 Gerald Ford Drive. G-3. REQUEST FOR APPROVAL of the Visiting Artists Lecture Series Entitled "Artists Who Make Films" in Conjunction with the Palm Springs Desert Museum for the 2002/2003 Season. This item was removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. G-4. REQUEST FOR APPROVAL of the 2003 El Paseo Exhibition. Rec: By Minute Motion, approve the following Artwork Loan Agreements (Contract Nos. C20270A-R) between the artists or artists' representatives and the City for the subject exhibition, as outlined in the accompanying staff report. H. REQUEST FOR RATIFICATION of Contract No. C20250 with PyroSpectaculars, Inc., for Fireworks Display at the Final 2002 "Summer of Fun Concert." Rec: By Minute Motion, ratify the subject contract with PyroSpectaculars, Inc., Rialto, California, in the amount of $6,148 for a five-minute fireworks display at the final "Summer of Fun" concert scheduled to be held on September 5. I. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) with the Retired and Senior Volunteer Program (RSVP) for the Palm Desert Citizens On Patrol Program (Contract No. C20280). Rec: By Minute Motion, approve the subject MOU between RSVP and the City to provide insurance and volunteer hour points for members of the Palm Desert Citizens On Patrol. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 J. REQUEST FOR APPROVAL of Agreement for Traffic Signal Energy and — Maintenance Costs for the Intersection of Country Club Drive and Harris Lane (Contract No. C20290). Rec: By Minute Motion, authorize the Mayor to execute the subject agreement with Sixth Street Partners I, LLC, for the maintenance and energy costs associated with the subject traffic signal and safety lighting. K. REQUEST FOR EXTENSION of Contract No. C19460 — Operation, Administration, and Vehicle Maintenance of Route 51, "Shopper Hopper," from July 1 - October 1, 2002. Rec: By Minute Motion: 1) Authorize the Mayor to execute the subject contract extension for the operation, administration, and vehicle maintenance of Route 51, "Shopper Hopper," that provides trolley service to the shopping locations from July 1, 2002, through October 1, 2002, at a cost not to exceed $35,000; 2) appropriate said funds from Account No. 110-4416-414-3681 for the costs associated with the extension of the subject contract. L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract — No. C19590 — Civic Center Photovoltaic System. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $4,540 to the subject contract with D & G Electric Company, Beaumont, California, for additional circuit wiring for the photovoltaic system and authorize the Mayor to execute same; 2) authorize the Director of Finance to transfer said funds from project contingency to the base contract. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19260 — Construction of Sidewalk and Wall on El Paseo at Sandpiper (Project No. 698-99) (Contreras Construction Company, Indio, CA). This item was removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 N-1. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 28575-3 (Bighorn Development, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. N-2. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 28818 (Marriott Ownership Resorts, Inc., Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. N-3. REQUEST FOR APPROVAL of Final Parcel Map No. 30193 (Palm Desert Redevelopment Agency, Applicant). This item was removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. N-4. REQUEST FOR APPROVAL of Final Tract Map No. 30269 (Santa Monica 3 Developers, LLC [Cain Companies], Applicant). Rec: Waive further reading and adopt Resolution No. 02-92, approving the final subdivision map of Tract No. 30269 and approving the agreement relating thereto. N-5. REQUEST FOR APPROVAL of Final Tract Map No. 30275 (Petunia Place, LLC [World Development], Applicant). Rec: Waive further reading and adopt Resolution No. 02-93, approving the final subdivision map of Tract No. 30275 and approving the agreement relating thereto. N-6. REQUEST FOR APPROVAL of Final Tract Map No. 30608 (Abronia Partners Joint Venture, c/o Westvest, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 02-94, approving the final subdivision map of Tract No. 30608. 0-1. REQUEST FOR AUTHORIZATION to Call for Bids for the Purchase of Replacement Vehicles. Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for two, flatbed work trucks and a hybrid (gas/electric) sedan. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 0-2. REQUEST FOR AUTHORIZATION to Purchase Replacement Vehicles. Rec: By Minute Motion, authorize the purchase of two, Ford F-150 CNG pick-up trucks in the amount of $49,639.84 from Fritts Ford, Riverside, California. P-1. REQUEST FOR APPROVAL of the Purchase of Software for the City's New Website. Rec: By Minute Motion, approve the purchase of "Click2Gov" software from H.T.E., Inc., in the amount of $30,130. P-2. REQUEST FOR APPROVAL of the Purchase of Integrated Business Systems, Inc. (IBS) Point of Sale Retail System for the Desert Willow Golf Resort. Rec: By Minute Motion, approve purchase of the IBS Point of Sale Retail System in an amount not to exceed $40,000 from IBS, Richmond, Virginia. P-3. REQUEST FOR APPROVAL of the Purchase and Installation of Control Link Lighting Control System for Legends Field, Cook Street Sports Complex, and the Palm Desert Soccer Park. Rec: By Minute Motion, approve the purchase and installation of Control Link Lighting Control System for the subject facilities from Musco Lighting, Irvine, California, in an amount not to exceed $16,000 and appropriate said funds from Parks and Recreation Fund 430. Q. REQUEST FOR APPROVAL to Retrofit Lighting at Civic Center Dog Park and Install Lighting at Joe Mann Dog Park (Palm Desert Country Club). Rec: By Minute Motion: 1) Approve the cost estimate, the Civic Center Dog Park lighting upgrade, and the installation of lighting for the Joe Mann Dog Park; 2) authorize the City Clerk to advertise and solicit bids for the subject projects. R. REQUEST FOR APPROVAL of the Water Conservation Partnership Proposal Submitted by the Coachella Valley Resource Conservation District. Rec: By Minute Motion: 1) Approve the subject proposal submitted by the Coachella Valley Resource Conservation District (CVRCD); 2) contribute $8,000 to the marketing study for same. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 S. CONSIDERATION of Action Taken by the Legislative Review Committee Relative to TEA-21 (HR 3132). Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of July 16, 2002, and direct staff to prepare a resolution* and letter to appropriate legislators, supporting a moratorium on the current limitations on truck size and weight on state and interstate highways, as stated in the Transportation Efficiency Act for the 21 st Century (TEA-21) and as outlined in HR 3132, the Safe Highways and Infrastructure Preservation Act. *Resolution No. 02-106 T-1. REQUEST FOR APPROVAL of the Sale, Possession, and Consumption of Alcoholic Beverages in Connection with the Palm Desert Golf Cart Parade. Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages in connection with a special event, the Palm Desert Golf Cart Parade, scheduled to be held November 10, 2002. T-2. REQUEST FOR WAIVER of Fees Associated with the Third Annual Animal Samaritans' "Walk with the Animals." Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held at the Palm Desert Civic Center Park on November 2, 2002. T-3. REQUEST FOR WAIVER of Fees Associated with the Second Annual "Paws & Hearts" Dog Walk/Talent Search. Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held at the Palm Desert Civic Center Park on November 16, 2002. T-4. REQUEST FOR WAIVER of Fees Associated with the Alzheimer's Association's "Memory Walk." Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held in the Palm Desert Civic Center Park on February 8, 2003. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 T-5. REQUEST FOR WAIVER of Fees Associated with the Arthritis Foundation's 5K Walk. Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held at the Palm Desert Civic Center Park on May 3, 2003. U. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies NOTE: The following item was listed on an Agenda Addendum posted 72 hours prior to the meeting. V. REQUEST FOR APPROVAL of Annual Grass Seed Purchase for the City of Palm Desert. Rec: By Minute Motion, approve the subject purchase of grass seed from High Tech Irrigation, Inc., Palm Desert, California, in the amount of $20,704.17. Councilman Spiegel asked that Items G-3 and M be removed for separate consideration under Section XI, Consent Items Held Over. Mayor Kelly asked that Item N-3 also be removed for separate consideration. Upon motion by Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved as presented by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. XI. CONSENT ITEMS HELD OVER G-3. REQUEST FOR APPROVAL of the Visiting Artists Lecture Series Entitled "Artists Who Make Films" in Conjunction with the Palm Springs Desert Museum for the 2002/2003 Season. Councilman Spiegel said he felt this was a very worthwhile cause and one which the Council should support. He asked if there was a cost for people to attend the series. Mrs. Gilligan responded that this was an outreach program and that there was no charge to attend. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 Councilman Spiegel suggested that this be publicized to the residents of the City of Palm Desert. Councilman Spiegel moved to, by Minute Motion: 1) Concur with the recommendation of the Art In Public Places Commission and approve the subject lecture series; 2) concur with staff and approve the expenditure of funds in the amount of $15,000 from AIPP Services Account Nos. 436-4650-454-3010 and 436-4650-454-3610 —funds are already available in said accounts, no additional appropriation is necessary. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. M. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19260 — Construction of Sidewalk and Wall on El Paseo at Sandpiper (Project No. 698-99) (Contreras Construction Company, Indio, CA). Councilman Spiegel congratulated staff for this project and said he felt it was a tremendous improvement over what had been there in the past. However, he said it needed plantings, and he asked when that will be done. Staff responded that it would be requesting authorization to go to bid for the landscaping at the next City Council meeting. Councilman Spiegel moved to, b Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. N-3. REQUEST FOR APPROVAL of Final Parcel Map No. 30193 (Palm Desert Redevelopment Agency, Applicant). Mayor Kelly said he had met with staff and was satisfied with the meeting. Mayor Kelly moved to waive further reading and adopt Resolution No. 02-91, approving Parcel Map No. 30193. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. With Council concurrence, Mayor Kelly suspended the remainder of the Agenda at this point in order to consider Public Hearing Item A. Please see that portion of the Minutes for Council discussion and action. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 XII. RESOLUTIONS A. RESOLUTION NO. 02-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2001/02 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Councilman Ferguson moved to waive further reading and adopt Resolution No. 02-95. Motion was seconded by Crites and carried by a 3-0 vote, with Mayor Pro-Tem Benson and Councilman Spiegel ABSENT. B. RESOLUTION NO. 02-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2001/02 BUDGET TO PROVIDE FOR ADDITIONAL APPROPRIATIONS FROM THE TRAFFIC SAFETY, GAS TAX, ART IN PUBLIC PLACES, AND GENERAL FUNDS. Councilman Crites moved to waive further reading and adopt Resolution No. 02-96. Motion was seconded by Ferguson and carried by a 3-0 vote, with Mayor Pro-Tem Benson and Councilman Spiegel ABSENT. C. RESOLUTION NO. 02-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, IMPLEMENTING SECTION 414(h)(2) OF THE INTERNAL REVENUE CODE (IRC) (Employee Contributions to CaIPERS). Councilman Crites moved to waive further reading and adopt Resolution No. 02-97. Motion was seconded by Ferguson and carried by a 3-0-1 vote, with Councilman Spiegel ABSTAINING and Mayor Pro-Tem Benson ABSENT. D. RESOLUTION NO. 02-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING CERTAIN REAL PROPERTY INTO THE CITY STREET SYSTEM - LOT C OF PALM VILLAGE PLAZA TRACT. Councilman Ferguson moved to waive further reading and adopt Resolution No. 02-98. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 NOTE: The following item was listed on an Agenda Addendum posted 72 hours prior to the meeting. E. RESOLUTION NO. 02-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY CLERK TO ACCEPT ON BEHALF OF THE CITY THE GRANT DEED FROM ABD PALM DESERT 118, LLC, CONVEYING APPROXIMATELY 34 ACRES OF LAND FOR THE PURPOSES OF CONSTRUCTING A PUBLIC PARK (FREEDOM PARK). Councilman Crites moved to waive further reading and adopt Resolution No. 02-105. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro- Tem Benson ABSENT. XIII. ORDINANCES For Introduction: A. REINTRODUCTION OF ORDINANCE NO. 1017 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.20, 2.34, 2.60, 2.64, 2.68, AND 2.72 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NOS. 99, 390, 553, 861, 875, 899, 900, AND 935), RELATIVE TO COMMITTEE/COMMISSION MEMBER REQUIREMENTS, Councilman Crites moved to waive further reading and pass Ordinance No. 1017 to second reading. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. For Adoption: A. ORDINANCE NO. 1015 - 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 (City of Palm Desert, Applicant). Councilman Spiegel asked if there should be a color palette of acceptable tones that could be given to people who want to make significant changes to approved colors for buildings, structures, signs, walls, fences, etc. If they want something different, it could be appealed. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 Mr. Smith responded that this Ordinance was introduced in June, and the Council instructed staff at that time to have the information put into the City's newsletter, which was done. Since the introduction of the Ordinance, staff had been asking that people come in and show what colors they will be using. This procedure had been going fairly smoothly, and if staff gets a color which it is not prepared to approve, it will be referred to Architectural Review. However, there is no actual color palette available. Councilman Crites asked if it was also policy that if the original color was acceptable, as long as the new color was a close rendition of that color, the new color was acceptable as well. Mr. Smith agreed. Upon question by Mayor Kelly regarding the need for this ordinance, Mr. Smith responded that it was needed because there was no means of saying a person needed to obtain approval prior to drastically changing the color of his/her home, structure, etc. (i.e. changing the color of a house to fuchsia in a neighborhood of beige residences). He reiterated said if the color change was significant, it would be referred to the Architectural Review Commission. Mr. Smith commented that currently, even single family homes were receiving color approval in the first instance. For those that hadn't received initial approval, he said the City would eventually reach that point. Responding to question, he said since the issue appeared in the newsletter five or six weeks ago, no colors had been referred to Architectural Review; all the proposed colors had been reasonable. Councilman Spiegel reiterated his concern that without an approved palette, it was left up to the subjective determination of a staff member. Councilman Ferguson expressed concern with having a color palette because there are thousands of colors which fit within certain ranges of hues. He said he would rather just have an ordinance which prohibits people from painting their homes in a way that is out of character with the environment, whether that means the neighbors' homes or the hillsides or something else. Councilman Spiegel expressed concern with the policy which basically leaves the decision for approval of the revised color to whoever happens to be at the desk when the individual applies for approval. Councilman Ferguson moved to continue this matter in order for staff to develop a more acceptable approach. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 XIV. NEW BUSINESS A. REQUEST FOR REVIEW OF A DECISION OF THE PLANNING COMMISSION, GRANTING A THREE-MONTH TIME EXTENSION TO TT 26562 AMENDMENT #1, A 687-UNIT RESIDENTIAL DEVELOPMENT, 18-HOLE GOLF COURSE, AND 225-SUITE HOTEL ON 420 ACRES LOCATED ON THE NORTH SIDE OF FRANK SINATRA DRIVE BETWEEN COOK STREET AND PORTOLA AVENUE (74-500 FRANK SINATRA DRIVE) Case No. TT 26562 Amendment #1 (RBF Consulting Engineers and American Realty Trust, Applicants). No Council action was required or taken on this matter, as a letter was received withdrawing the request for a time extension. B. CONSIDERATION OF REQUEST FOR WAIVER OF PENALTY AND INTEREST PAYMENTS ON TRANSIENT OCCUPANCY TAX (T.O.T.) (Vacation Inn, Applicant). Mr. Ortega noted the staff report in the packets from the Finance Director. MR. GARY LEEDS, Vacation Inn, stated that this hotel was built approximately 14 years ago, and he had never in the first 13 years of the hotel come to the Council to request any assistance. However, he was now before the Council to request waiver of penalty and interest payments on Transient Occupancy Tax. He noted his letter sent to the City requesting this consideration due to financial difficulties in the last year or so. Upon question by Councilman Spiegel, Mr. Leeds responded that he was the only owner this hotel had ever had, and he had not sold it. The statement in the staff report relative to sale of land in October 2002 was property other than this hotel, and those two properties in question were worth over $3 million. Councilman Ferguson asked how the penalties were calculated, and Mr. Gibson explained this was spelled out in the Ordinance, indicating that the City will charge up to 50% of the Transient Occupancy Tax due that month. The Council did not have discretion as to whether or not to charge this penalty because it is stated as such in an adopted ordinance. Councilman Ferguson noted that of the $127,415.75 owed by Mr. Leeds, approximately $75,000 was penalties and interest. Councilman Crites said it was his understanding that Transient Occupancy Tax is paid by people staying in the hotels; that money is collected from the guests and passed on to the City. The money is there when the person leaves and pays the bill. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 Finance Director Paul Gibson agreed. He added that part of the agreement with the applicant was that they stay current with payments of T.O.T. so that penalties and interest would not be accruing as much as they are. Councilman Ferguson stated that the applicant charged visitors to the City a T.O.T. tax and obviously did not pass that on to the City, or he would not owe the money. For that, the applicant is hit with a 50% penalty and interest on the money from the date the City should have gotten the funds. He felt if the Ordinance is mandatory and the Council does not have discretion, then the only thing left to discuss is how much time it is going to take the applicant to pay back what he owes the City. He said he would like to get interest on the principle that is owed to the City, but he did not necessarily care to collect interest on a penalty. Mr. Ortega noted the last paragraph of the staff report which indicated an alternative was to have a lien placed on the note for the land that Mr. Leeds indicates he is selling in October 2002, whereby the City can collect the current interest and penalties owed. Councilman Ferguson asked the applicant if this would be acceptable to him, and Mr. Leeds responded that he would rather wait and have that discussion on Friday or Monday if possible, with the City Attorney working that out with his attorney. Councilman Crites moved to, by Minute Motion: 1) Deny the request for waiver of penalty and interest fees for Vacation Inn; 2) authorize staff and the applicant to engage in further discussions in order to settle the matter. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. C. REQUEST FOR APPROVAL OF AGREEMENTS WITH THE COUNTY OF RIVERSIDE - RIVERSIDE COUNTY LIBRARY SYSTEM FOR LIBRARY SERVICES — FISCAL YEAR 2002/03. Mr. Ortega noted the staff report in the packets and stated that staff was available to answer any questions. Councilman Spiegel stated that he was in agreement with the additional hours; however, the problem with the hours of operation of the College of the Desert Library had still not been resolved. He said he felt it was important to have this resolved, and he asked that staff begin working with the College to develop a program whereby there are more hours available for the College wing during the same hours the City wing is open. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 Councilman Spiegel moved to, by Minute Motion: 1) Approve Contract No. C14165 - Fifth Amendment to Agreement to Provide Library Services (Additional Staff) for the Event and Volunteer Coordinators positions and a part-time Computer Instructor/Lab Technician; 2) approve Contract No. C18022 - Second Amendment to Agreement to Provide Library Services (Additional Hours) for the three additional hours of operation of the Palm Desert Wing of the Multi -Agency Library each Thursday; 3) authorize the Mayor to execute said contracts; 4) authorize issuance of a City purchase order, favoring Library Systems & Services, Inc. (LSSI), Germantown, Maryland, in the amount of $55,000 for the purchase of materials for FY 2002/03 — all of the above funding has been set aside in the FY 2002/03 budget in Account No. 452-4662-454-4001, no additional appropriations are necessary; 5) additionally direct staff to work with the College of the Desert Library to achieve a coordination of operating hours so that the College wing was as accessible as the City wing. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. D. REQUEST FOR APPROVAL OF A TWO-YEAR EXTENSION OF THE PROPERTY MANAGEMENT AGREEMENT FOR THE PARKVIEW OFFICE COMPLEX (CONTRACT NO. C15103). Councilman Crites moved to, by Minute Motion, approve a two-year extension of the subject contract with Mason & Mason, Montrose, California, for property management services for the Parkview Office Complex in the amount of $66,720 annually and authorize the Mayor to execute same. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. E. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR ANIMAL CONTROL SERVICES FOR FISCAL YEAR 2002/03 (CONTRACT NO. C19111). Councilman Spiegel moved to, by Minute Motion, approve the extension of the subject contract with California Animal Care, Cathedral City, California, in the amount of $111,200 and authorize the Mayor to execute same — funds are available in Account No. 110-4230-442-3090. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. F. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR PLAN REVIEW SERVICES FOR FISCAL YEAR 2002/03 (CONTRACT NO. C19121). Councilman Spiegel moved to, by Minute Motion, approve the extension of the subject contract with Esgil Corporation, San Diego, California, for one year, beginning July 1, 2002, and ending June 30, 2003 — funds are available in Account No. 110-4420-422-3010. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 G. REQUEST FOR APPROVAL OF THE EXTENSION OF CONTRACT FOR — PLAN REVIEW SERVICES FOR FISCAL YEAR 2002/03 (CONTRACT NO. C19131). Councilman Spiegel moved to, by Minute Motion, approve the extension of the subject contract with California Code Check, Thousand Oaks, California, for one year, beginning July 1, 2002, and ending June 30, 2003 — funds are available in Account No. 110-4420-422-3010. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. H. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO THE CONTRACT FOR MASS GRADING OF THE FREEDOM PARK SITE (CONTRACT NO. C19481). Councilman Ferguson moved to, by Minute Motion, approve Amendment No. 1 in the amount of $25,926 to the subject contract with Mayers and Associates Civil Engineering, Inc., Lake Forest, California, for necessary additional work and changes to the Freedom Park mass grading plan and appropriate said funds from Fund 400. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. I. REQUEST FOR APPROVAL OF CONTRACT WITH POLICE ACTION COUNSELING TEAM (P.A.C.T.) (CONTRACT NO. C20300). Councilman Spiegel moved to, by Minute Motion, approve the subject contract with Police Action Counseling Team -Consultation & Training Psychology Group, a Professional Corporation, and Sue Ann Morrison Tonkins, Ph.D., President, and the City of Palm Desert, and authorize the Mayor to execute same — funds for the contract have already been included in the FY 2002/03 budget. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. J. REQUEST FOR APPROVAL OF CONTRACT FOR PROFESSIONAL PLAN REVIEW SERVICES FOR HIGHWAY 111 SIGNAL AND STREET IMPROVEMENTS (CONTRACT NO. C20310, PROJECT NO. 635-00). Councilman Crites moved to, by Minute Motion: 1) Award the subject contract to RBF Consulting, Palm Desert, California, in the amount of $22,000 for professional plan review services for the Highway 111 Signal and Street Improvements project and authorize the Mayor to execute same; 2) authorize a 10% contingency for the project in the amount of $2,200 — funds for this project are available in Account No. 213-4362-433-4001. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 K. REQUEST FOR APPROVAL OF CONTRACT FOR PROFESSIONAL PLAN REVIEW SERVICES FOR MAGNESIA FALLS DRIVE STREET AND BRIDGE IMPROVEMENTS (CONTRACT NO. C20320, PROJECT NO. 648-99). Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract to RBF Consulting, Palm Desert, California, in the amount of $26,500 for the professional plan review services for the Magnesia Falls Drive Street and Bridge Improvements at San Pascual Channel and authorize the Mayor to execute same; 2) authorize a 10% contingency for the project in the amount of $2,650 — funds for this project are available in Account No. 213-4626-433-4001. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. L. REQUEST FOR APPROVAL OF PURCHASE PRICE FOR PROPERTY (838 TIMESHARE UNITS) LOCATED AT 40-341 SUN DUNES ROAD TO BE PURCHASED BY THE COUNTY OF RIVERSIDE. Councilman Spiegel moved to, by Minute Motion, approve of the purchase price for the subject property and authorize the Mayor/Mayor Pro-Tempore to execute the agreement signifying same (Contract No. C20330). Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. M. REQUEST FOR APPROVAL OF THE PROCEEDINGS FOR THE FORMATION OF THE SUNDANCE LANDSCAPING AND LIGHTING DISTRICT. Mr. Ortega noted the staff report in the packets and stated that this was not a public hearing item. Councilman Spiegel asked if attempts were made to establish a homeowners association, and Mr. Alvarez responded that this was an ongoing project on Shepherd Lane which was approved approximately one year ago. At that time, the owner was given an option and chose the assessment district route. Councilman Crites stated that with regard to a number of the City's older assessment districts, once the residents saw the increases, they have decided they would like to convert to drought tolerant landscaping, etc. He asked if the City had done everything it could to make sure what is being put in as far as landscaping will be as low cost and low maintenance as possible so that we don't have to come back with giant increases in the future. Mr. Alvarez responded that it was his understanding that new tracts are in conformance with the City's water -efficient ordinance. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 Mayor Kelly asked if the fee was being set at a level where the City can actually maintain it, and Mr. Alvarez agreed. Councilman Crites asked whether reserves were collected or if it was legally possible to do so. Mr. Alvarez responded that there is a reserve built into the budget. In this case, the reserve fund collection is $1,243.00 for this next budget year out of an operating budget of $13,674.00. Upon further question by Councilman Crites, he said he did not know whether the reserve percentage was something set by law or if the Council had discretion on the amount collected. Councilman Crites asked that staff be directed to research the opportunity to assess the maximum amount of reserve for this District. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 02-99, initiating proceedings for the formation of the Sundance/Shepherd Lane Landscaping and Lighting District; the concurrent annexation of said district and territory into the Palm Desert Consolidated Landscaping and Lighting District; and the levy and collection of annual assessments related thereto, commencing with Fiscal Year 2003/04; 2) Resolution No. 02-100, for preliminary approval of the engineer's report regarding the formation of the Sundance/Shepherd Lane Landscaping and Lighting District; the concurrent annexation of said territory into the Palm Desert Consolidated Landscaping and Lighting District; and the levy and collection of annual assessments related thereto, commencing with Fiscal Year 2003/04, with staff requested to research the opportunity to assess the maximum amount of reserve for this District; 3) Resolution No. 02-101, declaring intention to form the Sundance/Shepherd Lane Landscaping and Lighting District; and concurrently annexing said district and territory into the Palm Desert Consolidated Landscaping and Lighting District; and to levy and collect annual assessments related thereto, commencing with Fiscal Year 2003/04; and calling a property owner protest proceeding to submit to the qualified property owners the question of levying such assessments and establishing an assessment range formula for said district. Motion was seconded by Ferguson who noted that the goal of the assessment districts ought to be to have aesthetic landscaping, and it costs what it costs. Mayor Kelly called for the vote, and the motion carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. N. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO FINANCING THE COST OF PUBLIC IMPROVEMENTS TO CERTAIN CITY RIGHT-OF-WAY LOCATED NEAR THE HOUSING AUTHORITY PROPERTY KNOWN AS TAOS PALMS (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Councilman/Member Spiegel moved to: 1) Waive further reading and adopt: a) City Council Resolution No. 02-102, approving payment by the Redevelopment Agency to finance the cost of the installation and construction of public improvements to certain City right-of-way; b) Redevelopment Agency Resolution No. 452, approving payment by the 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 Agency to finance the cost of the installation and construction of public improvements; 2) That the Agency Board, by Minute Motion: a) Authorize expenditure of funds for improvements to the alleyway located within Project Area No. 1 known as Lot C adjacent to Taos Palms Apartments — work to be performed by International Pavement Solutions, Inc., (June 13, 2002, awarded resurfacing Contract No. HA18590); b) Authorize the appropriation of an amount not to exceed $30,000 and a contingency of $3,000 from the Agency's Unobligated Funds. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro-TemNice Chairman Benson ABSENT. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR AWARD OF CONTRACT FOR THE 2002 CURB, GUTTER, CROSS GUTTER, AND SIDEWALK IN -FILL REPAIR PROGRAM (CONTRACT NO. C20170, PROJECT NO. 753-02). Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $269,238; 2) authorize a 10% contingency for the project in the amount of $26,923.80; 3) authorize the Mayor to execute the agreement — funds are available for this project in the related Account Nos. 110-4312-433-3320, 110-4313-433-3320, and 400-4616-433-4001. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR THE HOVLEY LANE EAST RAISED MEDIAN IMPROVEMENTS AT OASIS COUNTRY CLUB DRIVE (CONTRACT NO. C20260, PROJECT NO. 610-02). Councilman Spiegel moved to, by Minute Motion: 1) Award the subject contract to Contreras Construction Company, Indio, California, in the amount of $61,905; 2) authorize a 10% contingency for the project in the amount of $6,109.50; 3) authorize the Mayor to execute the agreement — funds for this project are available in Account No. 213-4366- 433-4001. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Pro- Tem Benson ABSENT. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT AND PARKING ADJUSTMENT FORA 2,000 SQUARE FOOT CHURCH FACILITY AT THE NORTHWEST CORNER OF ALESSANDRO DRIVE AND SAN JACINTO AVENUE (73-900 ALESSANDRO DRIVE) Case No. PP/CUP 02-07 (Pathfinder Community of the Risen Christ Church, Applicant/Appellant). Planning Manager Steve Smith reviewed the staff report, noting that the Planning Commission had considered and denied a request for approval of a 2,000 square foot church facility at Alessandro Drive and San Jacinto Avenue. The project also included an outdoor patio fellowship area and eight parking spaces, some of which were to be constructed in the existing right-of-way of San Jacinto. He stated that prior to and at the Planning Commission hearing of June 4, 2002, there was considerable neighborhood input, and the neighbors submitted an extensive list of concerns. Staff prepared conditions to mitigate these concerns; however, even with the extensive conditions of approval, the neighbors continued to oppose the project at the hearing. He said one of the major concerns was that the evening activities at the church could impact them more than if it were developed with an office project, which would be consistent in the area. Representatives of the church described in detail the low-key type of services they offer, and they felt the conditions of approval would prevent the church from performing as a church. The Planning Commission determined that the lack of adequate on -site parking and the overall intensity of evening and weekend activities would be incompatible with the adjacent residential uses and inconsistent with the goals and objectives of the Palma Village Specific Plan. Therefore, the Planning Commission adopted a resolution denying the project at its meeting of June 18, 2002, and the Applicant filed an appeal. A revised site plan was subsequently received that addressed some of the concerns, including moving the church building away from Alessandro and closer to the residential structure to the north, with the courtyard/patio area moved away from the residence to the north and adjacent to Alessandro. The Applicant also subsequently submitted a preliminary parking lot layout showing 29 spaces on the lots to the west, and a letter from that property owner was received to indicate there was an agreement for the long term lease of that property (20 years) for parking purposes. Father Ned Reidy also submitted a letter, indicating that the church could live with many of the conditions included in the draft Planning Commission resolution. Specifically, he noted that the church would not provide a day care/school facility other than during church services, all maintenance would take place during regular office hours, Monday through Friday, the church would not 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 operate a soup kitchen, it would obtain temporary use permits for weddings, baptisms, pot luck dinners, etc., but that funerals could not be subject to such requirements. Mr. Smith said that when it went to the Planning Commission, staffs position was to support the application subject to conditions. With the revised site plan and the ability to include an additional 29 parking spaces on the lots to the west, Council could, if it wished, deny the appeal without prejudice and refer the matter back to Planning Commission. An alternative action was for the Council to affirm the appeal and approve the application subject to the conditions listed in the draft resolution; or the Council could deny the appeal outright and, in effect, affirm the action of the Planning Commission. Staffs recommendation was that the appeal be affirmed and the project approved without the additional parking, subject to the conditions contained in the draft resolution. He suggested addition of condition #26 to read: "The church shall actively encourage that members not park in nearby residential streets." Upon question by Councilman Spiegel, Mr. Smith responded that 29 parking spaces were required based on the size of the church, and they were made available because of the 20-year lease given to the church by the property owner to the west. Upon further question by Councilman Spiegel, Mr. Smith responded that if the Council so directed, the church would surface the land to make it a regular parking facility. Councilman Ferguson expressed concern with Conditions #22, #23, and #24. He said per the Minutes of the Planning Commission meeting of June 4, 2002, Mr. Drell informed the Commission that under the Religious Freedom Act, the City was prevented from dealing with churches any differently than it would with a non -church secular use or adding conditions it would not impose on a conventional use. He said those three conditions dealt with the operation of the soup kitchen, when and where the church can do weddings, baptisms, pot luck dinners, and what types of services they can have and when. He said that, to him, this was treating it differently than the City would a secular use. He said he would like the City Attorney to review the conditions for compliance with the Religious Freedom Act. Mr. Smith noted that there was a letter from Father Reidy that indicated concurrence specifically with condition numbers 22 and 23. Councilman Crites asked if all the neighbors had an opportunity to see the plan revision that came in on August 9th. Mr. Smith responded that he did not believe the neighbors had come in to see it; however, he had spoken to at least one of the neighbors regarding the revised plan, but he believed 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 many of them opposed to the plan at Planning Commission were unfamiliar with the new revisions. Councilman Crites asked if the same thing was true of the lease of land for a parking lot, and Mr. Smith agreed. In response to Councilman Crites' question whether the conditional use permit ran with this occupant or with any occupant, Mr. Smith affirmed that it would run with the land. He noted that condition #14 addressed the issue partially, but as long as the use fell within the general parameters, it would accrue to the next tenant, as long as they operated on Saturday or Sunday. Councilman Ferguson stated that the Planning Commission typically offers an applicant a continuance to do exactly what this Applicant is doing so they can come back and look at the mitigation measures and then make a final recommendation to the Council. He asked why it was not done in this case. Mr. Smith responded that at that point in time, the line seemed to be "drawn in the sand" that the conditions were needed in order to mitigate the concerns of the neighbors. The people representing the church at that point in time felt the conditions would have been so restrictive as to prevent them from acting at the level at which they wanted to act as a church. Mayor Kelly said that with all the changes, he felt the City Council could not take any action on this request at this time aside from disallowing it completely. He felt the Council would most likely refer the matter back to Planning Commission, and he expressed concern with the Council going through the entire process if it could not really do anything with the project. Councilman Ferguson addressed the church representatives and asked if it would interfere with the church's timing in its development of the property if the Council were to send this matter back to the Planning Commission as revised for a renewed consideration and the City Attorney's review of the legality of conditions #22, #23, and #24. FATHER NED REIDY, 73-850 Fairway Drive, Mail Box 12, Palm Desert, spoke as the representative of Church of the Risen Christ and said he felt the neighbors and the City would find them very cooperative, even ending up being proud of this facility if it is approved. With regard to the time frame, he said there would be no problem if it was for a month or so. Councilman Ferguson stated that if the matter is referred back to the Planning Commission and the Commission likes what has been done and approves the project, the application is complete unless the decision is appealed by the neighbors or the City Council. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 MR. CHARLES MARTIN, 73-733 Highway 111, Palm Desert, said he felt the City Council could complete the application process at this meeting by overturning the decision of the Planning Commission and allowing the project to go forward. He said representatives of the church had agreed with referral of the project back to the Planning Commission. MS. IRENE SCHMIT, 44-794 San Jose Avenue, Palm Desert, spoke in opposition to the project. She said there was only one house between her property and the dirt lot for this project, and there was no access for vehicles. She was opposed to vehicles parking on the dirt, which she felt would do nothing but cause more problems with dust. She said she did not see where putting the building at the back of the lot and the courtyard in the front would make that much difference because the lot is not large. She also expressed concern with the increased parking, traffic, and noise. MR. ROBERT KING, 44-841 San Jacinto, Palm Desert, said he also owned the property at 44-855 San Jacinto, which was directly north of the proposed facility. He spoke in opposition to the project, especially the evening and special event uses of the church. He said he and his wife were opposed to the project in any configuration. They were also opposed to the increased noise, parking, and traffic and felt this was not the appropriate location for such this facility. REVEREND KATHY McCARTHY, 82-061 Hanson Drive, Indio, Co -Pastor at Church of the Risen Christ, said that with their small congregation, this piece of property was affordable to the church considering all of the construction costs, and it was ideal for them to be in the heart of the City of Palm Desert. She said she felt it was possible for the church, the City, and the neighbors to work out the problems so their facility could be built. FATHER REIDY said he had served at The Newman Center at the adjacent corner from 1985 until 1999, and not once was there any complaint about the activities, which was larger than what this new church is. He said if at any time anything came up about a particular activity, and neighbors would come to the church and say they felt that activity was unreasonable, he would probably agree and curtail that activity. He supported concerns raised about people parking in front of their homes, and he said he would personally impound any vehicle from the church that is parked anywhere not designated. He said this facility would beautify the neighborhood and enhance property values. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Ferguson moved to, by Minute Motion, refer this case back to the Planning Commission, without prejudice, with staff to work with the Applicant and its 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 neighbors in order to find a resolution to the concerns raised. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Pro-Tem Benson ABSENT. With Council concurrence, Mayor Kelly called a short recess at 4:51 p.m. and reconvened the meeting at 4:55 p.m., continuing with Section XII, Resolutions. B. CONSIDERATION OF THE ABANDONMENT OF A PUBLIC SERVICE EASEMENT LOCATED OVER LOTS 1-5 AND 10-14 OF THE DESERT PARADISE TRACT SUBDIVISION (Robert R. McLachlan, DDS, c/o Timothy R. Bartlett, Applicant). Mr. Ortega noted the staff report and recommendation in the packets. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. No testimony was offered, and he declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02- 104, abandoning a public service easement affecting Lots 1-5 and Lots 10-14, described as Public Utility Easement, as shown on the Desert Paradise Tract Subdivision Map in the City of Palm Desert under provisions of Part 3, Division 9, of the Streets and Highways Code of the State of California. Motion was seconded by Crites and carried by a 3-0 vote, with Mayor Pro-Tem Benson and Councilman Ferguson ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK Mrs. Klassen reminded the Council/Redevelopment Agency Board to adjourn today's meetings to Wednesday, September 4, 2002, at 9:00 a.m. for a Joint Study Session regarding the Entrada Del Paseo project. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Homme/Adams Park - Councilman Ferguson requested that the excess date palm Togs be removed from and any other necessary clean-up be accomplished on the site within the next 30 days. City Council concurred. 2. Proposition 49 - After School Programs - Councilman Ferguson and Councilman Spiegel requested Council's concurrence that they make a special request to Arnold Schwarzenegger's organization, proponents of Proposition 49, that the City of Palm Desert and Desert Sands Unified School District be given opportunity to produce a pilot after -school program, which had been negotiated between the parties and approved with an application on file that did not receive funding. It was hoped that since Palm Desert had already spent a good deal of time and effort to design such a program, it could be in line to receive funding if the proposition was passed. City Council concurred. 3. Re-seedina Ordinance - Councilman Crites noted a recent Desert Sun article reporting that the City of Indian Wells had passed an ordinance for the process of annual fall re -seeding, with issues of scalping (PM10) and related concerns. He noted Councilman Byrd had been a leader in that realm for CVAG, and he asked staff to look at Indian Wells' regulation to see if it might be applicable for Palm Desert. o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). No report. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 22, 2002 2. Waste Transfer - Edom Hill - Councilman Crites reported that with regard to the County's and City's participation in the CVAG Task Force, on which he served, to find a replacement or transfer center for Edom Hill, the two finalists in the process were Burrtech and Waste Management. Bids were received, and in the analysis, Waste Management came in at approximately $1.50/ton cheaper. Therefore, he anticipated the advisory group being reconvened in the very near future in order to make a decision on the Edom Hill site. 3. Materials Recovery Facility (MRF) - Redding - Mayor Kelly noted that he had asked Councilman Crites to accompany him on a tour of an MRF in Redding in the near future. o City Council Comments: City Councilmembers congratulated Mrs. Gilligan in observance of her birthday today. XIX. ADJOURNMENT Upon motion by Spiegel, second by Ferguson, and a 4-0 vote of the Agency Board (Vice Chairman Benson ABSENT), Chairman Kelly adjourned the meeting back to Closed Session at 5:47 p.m. He reconvened the meeting at 6:09 p .m., with no further action announced from Closed Session, and immediately adjourned to Wednesday, September 4, 2002, at 9:00 a.m. for joint discussion by the City Council and Redevelopment Agency regarding the Entrada Del Paseo project and related matters of business, including a Study Session. RICHARD S. KELLY.AAAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLER CITY OF PALM DESERT, CALIFORNIA