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HomeMy WebLinkAbout2002-03-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MARCH 14, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4:04 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Councilman Jim Ferguson IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites 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 Sheila R. Gilligan, ACM for Community Services/City Clerk Richard J. Folkers, ACM for Development Services Justin McCarthy, ACM for Redevelopment Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa La Rocca, Director of Housing Joseph S. Gaugush, Director of Public Works/City Engineer David Yrigoyen, Director of Redevelopment Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MS. SUSIE HARVEY, Palm Desert Chamber of Commerce, in light of the Study Session just ended, regarding the Entrada Del Paseo project proposed to include the new Chamber of Commerce and Visitor Information Center (VIC) buildings, — expressed the Chamber's appreciation for the great relationship it enjoys with the City and City Council. She said the Chamber looked forward to working with the City in development of a new building, new site/new location for its office. She went MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 on to say the Chamber strongly supported any location that would be in close proximity to the new VIC since there was so much interaction between the two entities, clarifying that didn't necessarily mean the two had to be in the same physical structure but within walking distance of each other and in a visible location within the City. Therefore, she said her organization was very pleased with the Council's current thinking that the Chamber would be located on the 12-acre site near the corner of El Paseo and Highway 111 and close to the new VIC. MR. PETER VAN VECHTEN, 73-315 Country Club Drive (Las Serenas Apartments), Palm Desert, addressed the City Council regarding his being notified that he was not allowed to display nor fly the American flag outside his apartment. He researched the California Government Code, Section 434, which he believed provided the right to fly/display the American flag, noting it was ironic that Las Serenas' February newsletter contained an article about flying the flag. He hoped that the City would correct its rather prejudicial policy in the near future and permit anyone who wished to fly the American flag at Las Serenas to do so. He added that he was an American citizen and a combat veteran of the U.S. Marine Corps, which he felt gave him the right to fly the flag. He hoped the City would give serious consideration to his request. Responding to Councilman Ferguson, Mr. Van Vechten said his lease specified a flag could not be flown, as did the on -site management, RPM Company. He added that he had also talked to Terre La Rocca, who advised that the American flag could not be flown so as not to discriminate against anyone who wanted to fly a flag of any nation. He commented that he continued to fly his American flag since he believed he had that right and hoped the policy would be changed. At Mayor Kelly's request, Mr. Erwin commented that he had provided a short memorandum to City Councilmembers on this issue. He explained that California case law was very clear, and there was a recent case in February out of the Northern District of California, Federal District Court, which stated no exception could be made. He said it was permissible to have a rule that prohibits all flags, but it was not permissible to make an exception that would allow the American flag to be flown without allowing other flags. Further, he said in light of the current state of the law, it would be impossible to regulate flag flying and be able to defend that position. Mayor Kelly suggested taking the matter under advisement, asking staff to develop a recommendation that could be communicated to Mr. Van Vechten. In answer to Mr. Van Vechten, Mr. Erwin said he could provide a copy of the case. He said it was a case in which Caltrans tried to make an exception and lost. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 MR. VAN VECHTEN quoted from California Government Code Section 434(b), — saying it made reference to private land, but it further stated that a "...landowner/occupier has the right to fly a flag." He felt he and his wife, as well as other residents at Las Serenas, were "occupiers" of land, being on a year or more lease. He trusted something favorable would result from today's discussion. Mayor Kelly assured Mr. Van Vechten the matter would be reviewed, and he would be contacted with the information. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THURSDAY, MARCH 14, 2002, AS "LEN WEISBERG & CHUCK RIACH DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Kelly presented the proclamation to Len Weisberg and Chuck Riach, noting that they gave a lot of their time in working with Albertson's grocery store to provide food for the needy. B. PRESENTATION OF PROCLAMATION DECLARING APRIL 2002 AS "SEXUAL ASSAULT AWARENESS MONTH" IN THE CITY OF PALM DESERT. On behalf of the entire City Council, Mayor Kelly read and presented the proclamation. C. APPOINTMENTS TO THE TECHNOLOGY COMMITTEE. Councilman Crites moved to, by Minute Motion, appoint Dale Holtzer and Steve Oppenheimer to the Technology Committee each for four-year terms, commencing immediately and concluding December 31, 2005, to fill the two new positions created by the adoption of Ordinance No. 1010, which expanded membership of the Committee to seven members. Motion was seconded by Spiegel and carried by a 5-0 vote. VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 28, 2002, and the Special City Council Meeting of March 2, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 72, 73, 74, and 74PD Office Complex. Rec: Approve as presented. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 C. MINUTES of the Investment & Finance Committee Meeting of January 15, 2002. Removed for separate discussion under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. D. CITY/AGENCY PORTFOLIO MANAGEMENT SUMMARIES for the Month Ending January 31, 2002 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. RESOLUTION NO. 02-12 - A Resolution of the City Council of the City of Palm Desert, California, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building & Safety that Have Been Microfilmed (November 2001). Rec: Waive further reading and adopt. F. REQUEST FOR APPROVAL of Guest Curator Services for the 2003 El Paseo Exhibition (Contract No. C19840). Removed for separate discussion under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. G. REQUEST FOR APPROVAL of the Installation of an Audio System in the Multi -Agency Library Community Room (Contract No. C19850). Rec: By Minute Motion, approve the subject contract with Audio Graphic Systems, Ontario, California, in the amount of $4,544.22 for the installation of an audio system in the Community Room of the City Wing of the Multi -Agency Library and authorize the Mayor to execute same — funds for this project were budgeted for FY 2001/02 in Account No. 452-4662-454-4001. H. REQUEST FOR AWARD OF CONTRACT for the El Paseo Parking Study (Contract No. C19860). Removed for separate discussion under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 I. REQUEST FOR AUTHORIZATION, to Advertise and Call for Bids for the Hovley Lane Median Landscaping from Portola Avenue to Cook Street (Contract No. C19870, Project No. 589-98). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. J. REQUEST FOR AUTHORIZATION, to Advertise and CaII for Bids for the Parkway Landscape on Country Club Drive (Contract No. C19880, Project No. 593-99). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project, which lies between the west boundary of Manor Care and the east boundary of the Seventh Day Adventist Church. K. REQUEST FOR AUTHORIZATION, to Advertise and Call for Bids for Landscape Maintenance Area No. 3 (Contract No. C19890) and No. 5 (Contract No. C19900). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for Landscape Maintenance Area No. 3 and No. 5. L. REQUEST FOR APPROVAL, of Amendment No. 1 to the Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) for Funding of the Design and Construction of Improvements to Cook Street and Frank Sinatra Drive (Contract No. C19051, Project No. 678-01). Rec: By Minute Motion, approve the subject agreement amendment for 50% funding of the design and construction of the east half of Cook Street from Frank Sinatra Drive to Gerald Ford Drive, and the north half of Frank Sinatra Drive from Cook Street to Gerald Ford Drive. M. REQUEST FOR APPROVAL, of the Reduction in the Amount of Retention Held from the Contract for Construction of Masonry Block Wall Along Fred Waring Drive from San Pascual Avenue to Deep Canyon Road (Contract No. C18630A). Rec: By Minute Motion, authorize the reduction in retention on the subject contract with Cora Constructors, Palm Desert, California, from the current level of 10% of the contract value to 10% of the value of the first half of the contract. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 N. REQUEST FOR AUTHORIZATION. to Negotiate Agreements for the Contract Growing of Specialty Plant Material for the Fred Waring Drive Widening Project from San Pablo Avenue to Deep Canyon Road (Contract Nos. C19660A-C). Rec: By Minute Motion, authorize staff to negotiate contracts, and the Mayor to execute same, for amounts up to, not to exceed, $35,000 each for the contract growing of specialty Baja California plant material with: 1) Mountain States Wholesale Nursery, Litchfield Park, Arizona (Contract No. C19660A); 2) Randy G. Myers Nurseries, Palm Desert, California (Contract No. C19660B); 3) The Living Desert, Palm Desert, California (Contract No. CI9660C). O. REQUEST FOR AUTHORIZATION, of City/County Payment Funding Request and Related Actions for the College of the Desert Beverage Container Recycling Program. Rec: By Minute Motion, authorize: 1) Assistant City Manager for Community Services to sign and submit the application for the California Department of Conservation's Division of Recycling, City/County Funding Request for FY 2002/03 on behalf of the City of Palm Desert; 2) expenditure of funds in the amount of $12,009 toward the College of the Desert's Beverage Recycling Program; 3) appropriation of said funds to Account No. 110-4132-411-3090 from the Unobligated General Fund. P. REQUEST FOR AUTHORIZATION to Apply for the Used Oil Recycling Block Grant, FY 2002/03 (8th Cycle). Rec: 1) By Minute Motion, authorize the Assistant City Manager for Community Services to sign and submit application for the Used Oil Recycling Block Grant FY 2002/03 (8th Cycle). 2) Waive further reading and adopt Resolution No. 02-13, authorizing Used Oil and Household Hazardous Waste Grant applications to be submitted to the California Integrated Waste Management Board. 3) By Minute Motion, appropriate and authorize expenditure of funds in the amount of $19,263 from the Unobligated Recycling Fund (Account No. 236-4195-434-3090). 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 Q. CONSIDERATION of Request to Rename the Palm Desert Country Club Neighborhood Park to "Joe Mann Park." Rec: By Minute Motion, approve the request and rename the Palm Desert Country Club Neighborhood Park as "Joe Mann Park." R. REQUEST FOR WAIVER of Fees Associated with the American Red Cross Community Recognition Picnic. Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held Saturday, April 27, 2002, at the Palm Desert Civic Center Park. S. REQUEST FOR AUTHORIZATION to Promote and Advertise the "Cool Cash Hot Deals" Summer Retail Promotion. Rec: By Minute Motion, authorize staff to promote and advertise the "Cool Cash Hot Deals" summer retail promotion in the amount of $55,000 — funds are available in the FY 2001/02 Budget. T INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Councilman Ferguson asked that Item H be removed for separate consideration. Councilman Crites removed Items C and F for separate consideration. Councilman Crites moved to approve the remainder of the Consent Calendar as presented. Motion was seconded by Spiegel and carried by a 5-0 vote. VIII. CONSENT ITEMS HELD OVER C. MINUTES of the Investment & Finance Committee Meeting of January 15, 2002. Councilman Crites stated that page 3 of the Minutes noted Yankee CDs issued by foreign banks and limiting their purchases to foreign banks operating in Canada, Great Britain, France, Belgium, Germany, Switzerland, and Australia. It also indicated these countries had stable representative governments and developed market economies, and he suggested that the Committee be asked to look at whether New Zealand would also constitute a stable democratic government. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 With that, Councilman Crites moved to approve the Minutes of the Investment & Finance Committee of January 15, 2002. Motion was seconded by Ferguson and carried by a 5-0 vote. F. REQUEST FOR APPROVAL of Guest Curator Services for the 2003 El Paseo Exhibition (Contract No. C19840). Councilman Crites asked whether staff had considered splitting this large curatorial services contract 50-50 with the El Paseo Merchants Association, since they are going to be doing most of the actual display of art and selling, etc. Mrs. Gilligan responded that they had not been amenable to that in the past; therefore, staff did not approach them this year. However, she said staff would be happy to do so if Council wishes. Councilman Crites moved to continue this matter so that El Paseo merchants could be approached for their interest in participating in the curatorial services. Motion was seconded by Spiegel and carried by a 5-0 vote. H. REQUEST FOR AWARD OF CONTRACT for the El Paseo Parking Study (Contract No. C19860). Councilman Ferguson asked what was hoped to be learned from this study that was not already known and that had not already been examined in the building of a $5 million parking structure in the middle of El Paseo. Engineering Manager Mark Greenwood responded that quite some time had passed since that structure was built, and there had been quite a bit of additional development as well. He said it was felt by some that the amount of parking available and the amount of parking needed were just about equal; however, that was really only based on feelings, and staff would like to inventory the exact number of spaces available, exactly what the percentage of occupancy is, and what time of day the spaces are most occupied. Councilman Crites said he did not trust or believe in parking studies, and it had been his observation that parking studies that agree with what was believed before the parking studies were good studies, and those that did not agree with what was believed before were flawed and fairly useless studies. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 Mr. Greenwood said staff wanted to collect this data so it can make an — informed recommendation to the Council. Mr. Folkers stated that this was the result of the parking situation with Starbuck's and Doug Arango's Restaurant. Staff looked at the situation and felt it was necessary to do a study along the entire El Paseo corridor. Councilman Spiegel expressed concern that the City's parking needs in March are a lot different than they are in July; if this study is done in July, it really would not mean a lot. He said he had relayed this concern to Mr. Greenwood, who indicated everything would be completed by March 31st. Councilman Ferguson stated he had asked for separate consideration of this matter because he had a feeling this may have been generated by one tenant in one building, at one location, on one development application. The City makes exceptions to parking, and businesses seem to know best about what parking needs they have and do not have. He felt that data was a lot more useful than getting a parking study to look at the single busiest month of the year, which will probably come back indicating there is a parking problem. He did not think it was a good idea to spend over $35,000 on this study, and it could be approached in a much more intelligent fashion with the existing resources. He said he did not want a study to become the basis for turning down restaurants because of potential problems rather than dealing with problems as they come up. He agreed with Councilman Crites regarding studies — that they tell you what you want to hear, and if you don't agree with them, you don't follow them, and you have just spent $35,000 when you could be talking to the merchant associations and the people in the area and forecasting parking needs based on demographic trends in the Valley. Mayor Pro-Tem Benson said one of the things came up was whether there needed to be two-hour parking on El Paseo to keep the business people from parking out there all day long. She asked whether this study would cover that. If that is the case, she said she would agree with Councilman Ferguson that you can go along the street and figure that out. She said there had been so many parking studies done in the City of Palm Desert already, and it seemed as if every time we don't know what to do with a car, we have another parking study. Mayor Kelly suggested including a license plate study to determine where the cars are coming from. In addition, he suggested determination of how MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 many vehicles belong to residents of Palm Desert who license their cars in other states to save money. Councilman Spiegel said he had mixed emotions. He said if you drive down El Paseo at 9:30 a.m., you will find many sections filled with cars, although the shops do not open until 10:00 a.m. That means the people who work in the stores are parking in front of the stores, and that is not advantageous to their businesses, El Paseo, and the City. In addition, there are problems at The Gardens, with people parking in front of the stores and other people stopping to let passengers off and blocking lanes of traffic. Councilman Crites said he would not vote for two-hour parking. Councilman Spiegel moved to, by Minute Motion, award the subject contract to Wilbur Smith Associates, Anaheim, California, in the amount of $35,125 and authorize the Mayor to execute same. The motion died for lack of a second, and no action was taken. IX. RESOLUTIONS None X. ORDINANCES For Introduction: None For Adoption: None XI. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO PURCHASE REPLACEMENT VEHICLES FOR THE SHOPPER HOPPER PROGRAM. Mr. Ortega noted the report in the packets and offered to answer any questions. Business Support Manager Ruth Ann Moore reviewed the staff report, noting a total cost savings of approximately $20,105 per year with the new vehicles. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 Upon question by Councilman Spiegel, Ms. Moore responded that the old vehicles are owned by SunLine. Upon question by Councilman Crites regarding using the new vehicles for other purposes, Mayor Kelly said he had spoken with Dick Cromwell of SunLine about the possibility of adding a summer route for youth that would go to the YMCA, Soccer Park, Parks & Recreation District, etc. Upon question by Councilman Spiegel, Mayor Kelly said consideration had been given to having a route going to the hotels, and it was hoped staff would be back before Council next year to request an additional trolley for that purpose. Ms. Moore added that research had been done in the past relative to hotels in Indian Wells, and there was not a positive response received at that time. However, staff did see the ability in the future to take a vehicle into different areas of Palm Desert, such as Desert Willow, Marriott's Desert Springs, etc., and bring those people into the shopping district. Councilman Ferguson expressed concern with low ridership. He said the City would be paying for a lot of empty seats as well as maintenance costs for a fleet that is vastly underused. He said he had not heard any hue and cry for this from the Merchants Association, and while he would like to see this as a successful program, the ridership numbers had declined for three straight years in a row, beginning with the year the parking structure on El Paseo was completed. He felt something needed to be done to justify the costs. Mayor Kelly said this was something that would enhance the City's retail area, and there are people who use this service quite frequently. Councilman Crites said one cannot disagree with the issue that public transit does not operate at a profit; however, he was concerned with the fact that ridership is going down each year. He felt an average of four people per hour on the trolley was not acceptable. Mayor Kelly said he felt the City had an obligation to provide public transit for those people who do not have a car, the same as it provides roads for vehicles to travel on. He also felt the advertising value of the Shopper Hopper to Palm Desert was extremely important. Councilman Ferguson said his concern was that the Shopper Hopper is vastly underutilized, it is a wasted resource, and the City could get more 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 bang out of its buck. He said he would like to challenge City staff to try and raise the ridership numbers by at least 20% for next year. Councilman Crites moved to, by Minute Motion: 1) Authorize the purchase of two, CG I I-CNG, 12-passenger Goshen Coaches from Sunset Bus, Santa Fe Springs, California, in the amount of $139,276.96 through the contract with SunLine; 2) authorize the appropriation of $139,276.96 from the Unobligated General Fund Reserve for the purchase; 3) authorize the appropriation of $15,000 from the Unobligated General Fund Reserve to wrap the buses in the existing marketing program, with staff additionally directed to develop a method of increasing ridership by 20% per year for the next two years. Motion was seconded by Spiegel with the addition of direction to staff to develop a regular route schedule with hotels like Marriott Desert Springs, Hyatt Grand Champions, and the Renaissance to bring guests to a specific location on El Paseo and then return to pick them up on a three- or four-hour schedule, as is deemed appropriate by working with the hotels. Councilman Crites accepted the amendment, and the motion carried by a 5-0 vote. B. CONSIDERATION OF THE PROCEEDINGS INITIATING THE FORMATION OF THE PALM COURT AND DIAMONDBACK ROAD LANDSCAPE & LIGHTING ASSESSMENT DISTRICTS. Mr. Ortega noted the staff report in the packets. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution Nos. 02-14 and 02-15, initiating proceedings for the formation of the Palm Court and Diamondback Road Landscape and Lighting Districts; the concurrent annexation of said districts and territories into the Palm Desert Consolidated Landscaping and Lighting District; and the levy and collection of annual assessment related thereto, commencing with FY 2002/03; 2) Resolution Nos. 02-16 and 02-17, approving the Preliminary Engineer's Report regarding the formation of the Palm Court and Diamondback Road Landscaping and Lighting Assessment Districts; and all actions related thereto, commencing with FY 2002/03; 3) Resolution Nos. 02-18 and 02-19, declaring the intention to form the Palm Court and Diamondback Road Landscape and Lighting Districts; and all actions related thereto, commencing with Fiscal Year 2002/03; and calling a property owner protest proceeding to submit to the qualified property owner the question of levying such assessments and establishing an assessment range formula for said district. Motion was seconded by Ferguson and carried by a 5-0 vote. C. CONSIDERATION OF THE PROCEEDINGS INITIATING THE FORMATION OF THE SHEPHERD LANE LANDSCAPE & LIGHTING ASSESSMENT DISTRICT. Mr. Ortega noted the staff report in the packets. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 Upon question by Councilman Crites, Mr. Alvarez responded that there were two developed tracts within this district, Daisy Lane and College View Estates. Councilman Crites asked why this district was not formed before the Tots were developed, and Mr. Alvarez responded that there was a problem with MuniFinancial in getting all of the paperwork together. Councilman Crites suggested that this be a condition of approval for developments in the future or that something else be done to make sure this does not happen again. Councilman Spiegel moved to waive further reading and adopt: 1) Resolution No. 02-20, initiating proceedings for the formation of the Shepherd Land Landscape and Lighting Assessment 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 assessment related thereto, commencing with FY 2002/03; 2) Resolution No. 02-21, approving the Preliminary Engineer's Report regarding the formation of the Shepherd Lane Landscaping and Lighting Assessment District; and all actions related thereto, commencing with FY 2002/03; 3) Resolution No. 02-22, declaring the intention to form the Shepherd Lane Landscape and Lighting Assessment District; and all actions related thereto, commencing with FY 2002/03; and calling a property owner protest proceeding to submit to the qualified property owner the question of levying such assessments and establishing an assessment range formula for said district. Motion was - seconded by Crites and carried by a 5-0 vote. XII. CONTINUED BUSINESS A. CONSIDERATION OF AN APPEAL TO AN ARCHITECTURAL REVIEW COMMISSION DECISION, DENYING A REQUEST TO PARK AND STORE A RECREATIONAL VEHICLE IN THE FRONT YARD OF THE RESIDENCE LOCATED AT 45-656 MOUNTAIN VIEW AVENUE Case No. RV 02-01 (Lerae B. Moeller, Appellant) (Continued from the meeting of February 28, 2002). Councilman Spiegel moved to, by Minute Motion, continue the matter to the meeting of March 28, 2002. Motion was seconded by Crites and carried by a 5-0 vote. Councilman Crites stated that he and Councilman Ferguson had met with Mrs. Moeller, and Spencer Knight of City staff had volunteered to visit with her about some landscaping solutions. He said it was hoped a solution could be brought back to the next meeting that could be implemented in the fall. Councilman Ferguson noted that Mrs. Moeller did not have water in her front yard. He said he had inquired of the City's Home Improvement Program and 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 its grants, and there was more than enough money to offer to her to do the improvements she would like to have done. He said he felt this was a good example of the City's Home Improvement Program and RV Ordinance coming together with a good solution for Mrs. Moeller. He added that there was no real need to address the problem until the fall since Mrs. Moeller will be leaving shortly with her RV. XIII. OLD BUSINESS A. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT FOR ENGINEERING SERVICES FOR THE FRED WARING DRIVE IMPROVEMENTS PROJECT — FROM HIGHWAY 111 TO FAIRHAVEN DRIVE (CONTRACT NO. C17270, PROJECT NO. 651-99). Mr. Ortega noted the staff report in the packets. Mr. Gaugush reviewed the staff report and offered to answer any questions. Councilman Spiegel moved to, by Minute Motion, approve the contract amendment in the amount of $118,924 to the subject contract with Tetra Tech/ASL, Palm Desert, California, for additional engineering, field surveying, and construction management services — funds for this contract amendment are available in FY 2001/02 CIP Budget (Account No. 213-4399-433-4001). Motion was seconded by Ferguson and carried by a 5-0 vote. XIV. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF A PRECISE PLAN OF DESIGN AND CHANGE OF ZONE FROM R-2 7,000 TO O.P. (OFFICE PROFESSIONAL) TO CONVERT THREE, SINGLE-FAMILY DWELLINGS INTO PROFESSIONAL OFFICES AND PARKING LOT; PROJECT INCLUDES RELOCATION OF EXISTING GUADALUPE AVENUE CUL-DE-SAC 120 FEET EAST OF ITS PRESENT LOCATION — NEW CUL-DE-SAC WILL BE IN FRONT OF HOMES AT 73-050 AND 73-051 GUADALUPE AVENUE; PROJECT IS LOCATED AT THE WEST END OF GUADALUPE AVENUE AT MONTEREY AVENUE, 73-026, 73-031, 73-040, AND 73-041 GUADALUPE AVENUE Case Nos. C/Z 01-05 and PP 01-27 (Hugh V. Jorgensen and Matinee Trust, Applicants). Planning Manager Steve Smith reviewed the staff report in detail and offered to answer any questions. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Mayor Pro-Tem Benson moved to waive further reading and: 1) Pass Ordinance No. 1011 to second reading, changing the zone from R-2 (7) to O.P. (C/Z 01-05); 2) adopt Resolution No. 02-23, approving Case No. PP 01-27, subject to conditions. Motion was seconded by Ferguson and carried by a 5-0 vote. B. CONSIDERATION OF APPROVAL OF A CHANGE OF ZONE FROM R-3 TO R-3 S.O. (SENIOR OVERLAY); PRECISE PLAN/CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT A 10-UNIT SENIOR CITIZEN APARTMENT PROJECT ON THE WEST SIDE OF SAN RAFAEL AVENUE, 370 FEET SOUTH OF CATALINA WAY, 44-555 SAN RAFAEL AVENUE Case Nos. C/Z 01-07. PP/CUP 01-24. and DA 02-02 (Topman Builders, Inc./Mike Filing, Applicant). Planning Manager Steve Smith reviewed the staff report in detail and offered to answer any questions. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and: 1) Pass Ordinance No. 1012 to second reading, approving a change of zone from R-3 to R-3 S.O. (C/Z 01-07); 2) pass Ordinance No. 1013 to second reading, approving DA 02-02; 3) adopt Resolution No. 02-24, approving Case No. PP/CUP 01-24, subject to conditions. Motion was seconded by Benson and carried by a 5-0 vote. C. CONSIDERATION OF APPROVAL OF A PRECISE PLAN/CONDITIONAL USE PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT A 12-UNIT SENIOR CITIZEN APARTMENT PROJECT IN THE R-2 S.O. ZONE ON THE SOUTH SIDE OF SANTA ROSA WAY, EAST OF SAN PASCUAL AVENUE, 73-811 SANTA ROSA WAY Case Nos. PP/CUP 01-23 and DA 02-01 (Topman Builders, Inc./Mike Filing, Applicant). Planning Manager Steve Smith reviewed the staff report in detail and offered to answer any questions. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With not testimony offered, he declared the public hearing closed. Mayor Pro-Tem Benson moved to waive further reading and: 1) Pass Ordinance No. 1014 to second reading, approving DA 02-01; 2) adopt Resolution No. 02-25, approving Case No. PP/CUP 01-23, subject to conditions. Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR APPROVAL, OF THE CONVEYANCE OF A SINGLE-FAMILY LOT TO HABITAT FOR HUMANITY OF THE COACHELLA VALLEY, INC., AND APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT RELATED THERETO (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Director of Housing Teresa LaRocca reviewed the staff report and offered to answer any questions. Mayor/Chairman Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Mayor Pro-TemNice Chairman Benson moved to: 1) Waive further reading and adopt City Council Resolution No. 02-26, approving the conveyance of certain real property located on Virginia Avenue and known as APN 637-362-002 to Habitat for Humanity of the Coachella Valley, Inc., for the purpose of constructing a single-family dwelling to be made available to a family of lower income; 2) waive further reading and adopt Redevelopment Agency Resolution No. 437, approving the conveyance of certain real property located on Virginia Avenue and known as APN 637-362-002 to Habitat for Humanity of the Coachella Valley, Inc., for the purpose of constructing a single-family dwelling to be made available to a family of lower income and approving a Disposition and Development Agreement and Declaration of Conditions, Covenants, and Restrictions; 3) by Minute Motion, authorize the Executive Director or his designee to execute all necessary documents. Motion was seconded by Spiegel and carried by a 5-0 vote. E. CONSIDERATION OF THE SALE OF APN 627-171-001 LOCATED AT THE SOUTHEAST CORNER OF SAN PASCUAL AVENUE AND DE ANZA WAY AT FAIR MARKET VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Director of Housing Teresa LaRocca reviewed the staff report and offered to answer any questions. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 Councilman/Member Ferguson asked whether either of the two homes to be built by the developer if he is successful in splitting the lot would contribute toward the City's low and moderate income housing. Ms. LaRocca said they would not. She said this land would be sold at market value and would not contribute to our housing program at all. Mayor Pro-TemNice Chairman Benson questioned how a developer will be able to split the lot into two if the City could not do so. Ms. LaRocca said she did not know whether the developer could do this; however, he felt he could be more successful at doing this than he City was. Staff advised him that the City had attempted to split the lot and that there had been concern from the neighborhood, but the developer was interested in trying to do it anyway. Councilman/Member Ferguson suggested that the lot, instead of being sold, be made into a neighborhood park or that it be kept as open space. Councilman/Member Crites agreed, as did Mayor/Chairman Kelly who felt it could also be kept for Habitat for Humanity down the road. Mayor/Chairman Kelly declared the public hearing open, and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman/Member Spiegel noted that the City was already in the process of putting in a park directly across the street from this lot. He said the City had agreed to buy the property across the street, which was considerably larger, and the design would include a tot lot, basketball courts, etc. Councilman/Member Ferguson moved to deny the request for sale of the lot. Motion was seconded by Crites and carried by a 5-0 vote. XV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY 1) Request for Closed Session: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 013297 b) Eddie Ahmad Babai v. City of Palm Desert, Riverside County Superior Court Case No. INC 025112 c) Ken Weller v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 025659 d) 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 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Parties: Carlos L. Ortega/City of Palm Desert Palm Desert Employees Organization 2) Report and Action from Closed Session Made at This Meeting. None C. CITY CLERK 1. Consideration of Scheduling of Early June Budget Meeting with City Council. Mrs. Klassen asked that the Council start thinking about scheduling an early June Budget meeting. With Council concurrence, staff was directed to place this item on the Council's next meeting agenda. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Mayor Pro-Tem Benson moved to add the following item to the Agenda. Motion was seconded by Ferguson and carried by a 5-0 vote. 1. Consideration of Request from Children's Discovery Museum of the Desert (Mayor Pro-Tempore Jean M. Benson). Mayor Pro-Tem Benson stated that the Children's Museum was holding one of its major fundraisers in May, sponsored by the Rancho Mirage Rotary Club. 80% of the proceeds would go to the Children's Museum, and they had asked the three cities to each contribute $2,500 as a sponsor. Both Rancho Mirage and Indian Wells had agreed to contribute $2,500. Mayor Pro-Tem Benson moved to, by Minute Motion, approve sponsorship in the amount of $2,500 for the Children's Discovery Museum of the Desert's May 2002 fund raising event. Motion was seconded by Spiegel and carried by a 5-0 vote. o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilman Crites said the second report from the municipalization study was now available for members of the Committee, City Council, or City Manager's review. He said the report would only be made available at CVAG's office during the hours of Monday through Friday, 8:00 a.m. to 5:00 p.m., and those wishing to view it would have to provide identification. In response to question about whether recommendations were included, he said he had not yet read the report. He went on to say there was a meeting next Monday, March 18, at 1:00 p.m., and he would appreciate Mr. Ortega's attendance at that meeting. He said recommendations would be presented at that time. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 2. Enerav & Environment Committee (Councilman Buford A. Crites). Councilman Crites reported that prior to CVAG's Energy & Environment Committee Meeting today, an ad hoc task force met to discuss resolution of the Valley's current non-compliance with air quality standards for PM 10. He quickly pointed out that it was not associated with days like yesterday's natural occurrence of high wind. Mayor Kelly noted that days like yesterday also showed that it was not necessarily only construction that caused high levels of PM 10, adding that unpaved parking Tots were definitely a source of such dust. Councilman Crites agreed, stating that unpaved parking lots were one of the major areas being addressed. He alerted staff that in order to come out on the good side of the Environmental Protection Agency, it was necessary to develop an updated plan that needed to be submitted by June. He would work with the City Manager's Office to determine which of the four working subcommittees would be best for Palm Desert to focus on. He believed that some jurisdictions had become Tess stringent than Palm Desert in observing the established regulations. Responding to Mayor Kelly, he said while the City didn't have control over properties owned by the State or other agencies, the AQMD can take a bigger role in regulating those parcels. He added there was a subcommittee looking at Tribal Lands, one looking at ag issues, one looking at roadways and parking Tots, and another looking at construction standards. He said yet another was reviewing whether or not a change was needed in the criteria for declaring an "event" day, noting that there had been a significant shortage of rain in the past few years, which naturally caused more dust. In answer to the status of the undeveloped pads at Desert Willow, Councilman Crites said while he didn't know positively, he believed it was pretty well under control with the watering and plantings that had been done. He said in some areas, particularly lower in the Valley where there once had been agricultural uses that were no more, the land was no longer maintained in any way. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MARCH 14, 2002 Mayor Kelly believed the one area the City should pay particular attention to is the Fred Waring Drive Improvements Project. He asked staff to monitor that area and be ready to keep it well watered. 3. Leaaue of California Cities (Mayor Richard S. Kelly). Mayor Kelly reported that the League of California Cities had been working on an initiative to protect local revenues, and it had run into a roadblock yesterday. Therefore, he'd just received notice that the issue would be deferred to 2004. He said he would provide a copy of the letter to all his colleagues. o City Council Comments: None XVI. ADJOURNMENT With Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 5:47 p.m. He reconvened the meeting at 8:14 p.m. and immediately adjourned with no action announced from Closed Session. RI HARD S. KELLY, MAYOR TTEST: SHEILA R. ILL3GAN,jY CLERK CITY OF PALM DESE T�,JJCALIFORNIA