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HomeMy WebLinkAbout2002-05-23MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 23, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER Mayor Kelly convened the meeting at 4:02 p.m. II. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites III. INVOCATION - Mayor Richard S. Kelly IV. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Robert A. Spiegel Mayor Richard S. Kelly Excused Absence: Councilman Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Deputy City Attorney Richard J. Folkers, ACM for Development Services Justin McCarthy, ACM for Redevelopment Homer Croy, Director of Building & Safety Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Martin Pinon, Director of Human Resources David Yrigoyen, Director of Redevelopment Mark Greenwood, Engineering Manager Rachelle D. Klassen, Deputy City Clerk V. ORAL COMMUNICATIONS - A MR. PERCY BYRD, 45-801 Eldorado Drive, Indian Wells, and Member of the City Council of the City of Indian Wells, addressed the City Council and audience to provide an update on the progress of the CVAG Municipal Utility Project. He said based on Palm Desert's request, discussions continued with the Cities of Palm Springs and Rancho Mirage about their participation in the effort. He said if the MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 cities decided against participating in the joint powers authority, it was requested that they each put forth a ballot issue to their residents for an advisory vote. Responding to question about why the formation of a Joint Powers Authority (JPA) would be advantageous even if a municipal utility was not formed, Mr. Byrd stated that a JPA can be a force in dealing with Southern California Edison. For instance, he said it would provide local jurisdictions opportunity to have a say in the way the community activity money collected from rate payers was spent. Secondly, he said a JPA could also work with the providers of other energy sources, such as Southern California Gas Company, to be able to purchase gas for residents at a beneficial rate and have it carried across Southern California Gas lines. He believed that a JPA had more leverage to provide input and control over rates and baselines even if a municipal utility wasn't formed, which was a good reason to form the JPA. He thanked Palm Desert for its support of the effort. MR. RICARDO DASILVA, 72-600 Fred Waring Drive, Palm Desert, addressed the City Council as a resident of One Quail Place. He said he had been a tenant of the property since 1999, always on a six-month lease basis. He said when he executed the first lease, he was told animals were not allowed; but the people working there at the time told him that as long as it was a small pet, kept inside, and if maintenance staff could go inside the apartment and ensure that the unit was not being damaged, it was okay. However, three days ago he received a letter stating he needed to remove his cat within three days because it was not part of the contract. He was disappointed in the management staff's handling of his inquiry as to why now he was asked to remove his pet, especially when he checked with other neighbors with small pets who were not asked to remove their animals. He asked for Council's review of the situation. MR. AARON HEWITSON, 45-278 Deep Canyon Road, Palm Desert, and on behalf of Musician's Outlet, reported to the Council that the Temporary Use Permit it had approved allowed his store to host a very successful Music Expo on May 18. In appreciation, he presented Mayor Kelly with an autographed ukulele. MR. JOHN McLEAN, 73-140 Shadow Mountain Drive, Palm Desert, spoke in regard to Item B of New Business, dealing with an all -way stop control at the intersection of Shadow Mountain and Ironwood. He believed that the Public Works and Sheriff's Departments should monitor the intersection at the highest traffic times of early morning (6:00 - 9:00 a.m.) and late evening. He noted that while the recommendation was to deny the request, he felt a disaster there was imminent and described circumstances of an accident last Sunday evening at the intersection that resulted from a motorist speeding down the street, losing control around the curve, jumping the curb, and coming to rest several houses away from the intersection. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 He implored the City Council to reconsider the recommendation and approve the all -way stop he and his neighbors had requested. DR. RALPH ZIMMERMAN, 73-025 Shadow Mountain Drive, Palm Desert, said he'd been a resident since 1988. He also spoke to Item B of New Business, saying that the traffic on Shadow Mountain had gotten heavier and heavier, especially since the opening of The Gardens on El Paseo, and there seemed to be no regard for the posted speed limit. He was well aware of the posted speed limit since he'd received a ticket for exceeding it. He said the street there was perfectly straight, running northwest to southeast, downhill, from Highway 74 to Portola, with no stop signs. He agreed with Mr. McLean that the area should be monitored in the early morning, when he'd seen speeds of 50, 60, and 70 miles per hour, and that it was an accident waiting to happen. He believed a stop sign at Ironwood would cause people to slow down and asked that the City Council take an action to approve the stop control. MR. MARK REINEKE, Director of Development for The Living Desert, and on behalf of President Karen Sausman and Board Chairman Jack Farley, addressed the City Council regarding Item D of New Business, a request to waive permit fees for future construction projects. He expressed his organization's sincere appreciation for all the support Palm Desert had provided, including waiving of permit fees in the past. He realized the question put before the Council was rather broad for "future construction projects" and that the recommendation was to deny it. Therefore, if it would be more acceptable, his organization would propose making such requests for consideration on a case -by -case basis. VI. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. OFFICIAL WELCOME TO THE CITY OF PALM DESERT FOR THE DELEGATION FROM IXTAPA - ZIHUATANEJO, MEXICO. On behalf of the entire City Council, Mayor Kelly welcomed the delegation from Ixtapa-Zihuatanejo, Mexico, and presented them with gifts from the City of Palm Desert. Gifts were also presented to the City Council from the lxtapa-Zihuatanejo delegation. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 B. PRESENTATION TO THE JOHN F. KENNEDY MEMORIAL FOUNDATION WELL CARE CLINIC OF PALM DESERT. Mayor Kelly made a presentation of a check in the amount of $300,000 to Mr. Bill Powers, representing the John F. Kennedy Memorial Foundation Well Care Clinic of Palm Desert. Mr. Powers thanked the City Council for its support. C. PRESENTATION OF PROCLAMATION DECLARING MAY 19 - 25, 2002, AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF PALM DESERT. Mayor Kelly presented the proclamation to Mark Greenwood. D. PRESENTATION ON THE SISTER CITIES KEY -PAL AND PHOTO EXCHANGE PROGRAMS BY PALM DESERT STUDENTS. Teachers and students from Palm Desert Middle School and Washington Charter School provided reports on their experiences with the programs. E. PRESENTATION OF THE "STATE OF THE SCHOOL" REPORT BY PALM DESERT HIGH SCHOOL. Principal Patrick Walsh, Senior Students Chase McQuillen, Josh Zazulia, and Sonya Isaac provided the report. VII. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 9, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 87, 88, 89, 90, 91, 92, 93, 87PD Office Complex, and 93PD Office Complex. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#461) by Maralynne B. Davidson in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Hormoz Massoudi for CJ's Diner, 74-894 Lennon Street, #H1, Palm Desert. Rec: Receive and file. D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Randy L. Adams and Charles V. Caropino for Smoky's, 72-990 El Paseo, Palm Desert. Rec: Receive and file. E. MINUTES of City Committee and Commission Meetings. 1. Housing Commission Meeting of April 10, 2002. 2. Investment & Finance Committee Meeting of March 27, 2002. 3. Public Safety Commission Meeting of March 13, 2002. 4. Technology Committee Meeting of March 5, 2002. Rec: Receive and file. F-1. LETTER OF RESIGNATION from Jeanette Lucas from the Civic Arts Committee. Rec: Receive with very sincere regret. F-2. LETTER OF RESIGNATION from Margaret Steen from the Civic Arts Committee. Rec: Receive with very sincere regret. F-3. LETTER OF RESIGNATION from William Sprigg from the Rent Review Commission. Rec: Receive with very sincere regret. G. RESOLUTION NO. 02-52, A Resolution of the City Council of the City of Palm Desert, California, Establishing a Petty Cash Fund Under the Supervision and Control of the Director of Building & Safety. Rec: Waive further reading and adopt. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 H. REQUEST FOR ADOPTION of Resolutions to Declare the Results of the Property Owner Protest Proceedings for the Palm Court and Shepherd Lane Landscaping and Lighting Districts (Note: This is a housekeeping item from the Meeting of May 9, 2002.) Rec: Waive further reading and adopt: 1) Resolution No. 02-45, declaring the results of a property owner protest proceeding for the territory within the proposed Palm Court Landscaping and Lighting District and approving certain related actions; 2) Resolution No. 02-48, declaring the results of a property owner protest proceeding for the territory within the proposed Shepherd Lane Landscaping and Lighting District and approving certain related actions. I REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for Parking Lot Sweeping Services (Contract No. C20150). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject services. J. REQUEST FOR APPROVAL of the City of Palm Desert -State Program Supplemental Agreement No. 003M to Master Agreement 08-5414 for Surface Transportation Program (STP) Funds for the Fred Waring Drive Improvements from Highway 111 to Fairhaven Drive (Project No. 651-99). Rec: By Minute Motion, approve the subject Supplemental Agreement No. RPSTPL 5414 (003M) and authorize the Mayor to execute same, covering construction and construction engineering for the Fred Waring Drive Improvements Project from Highway 111 to Fairhaven Drive. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19180 — Construction of a Right Turn Pocket on Southbound Highway 74 Entering Silver Spur Mobile Manor (Project No. 686-00) (Granite Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. L. REQUEST FOR APPROVAL of Final Tract Map No. 28818-3 (Marriott Ownership Resorts, Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 02-53, approving Final Tract No. 28818-3. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 M. REQUEST FOR APPROVAL of Parcel Map No. 30486 (Real Property Associates, Applicant). Rec: Waive further reading and adopt Resolution No. 02-54, approving Parcel Map No. 30486. N. REQUEST FOR AUTHORIZATION to Release improvement Security for Tract No. 28590-1 and Replace with Bond for Phase 2 (Tract No. 28590) (Lantana Properties, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement security. O. REQUEST FOR AUTHORIZATION to Release Subdivision Improvement Security for Tract No. 29585 (Krisco, Inc., Applicant). Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the City Clerk to reduce the amount of the subdivision improvement securities to 10% of their value as maintenance security for a one-year maintenance period for Tract No. 29585. P. REQUEST FOR APPROVAL of Traffic Signal Fee Reimbursement and Credit to Traffic Signal Mitigation Fees for Precise Plan No. 00-27 and Parcel Map No. 30042 (Mainiero, Smith and Associates on behalf of Dutt Hospitality and American Realty Trust, Applicant). Rec: By Minute Motion, approve a request for reimbursement of traffic signal fees for Precise Plan No. 00-27 and a credit for traffic signal mitigation fees against the actual traffic signal construction cost for Parcel Map No. 30042. REQUEST FOR AUTHORIZATION to Implement the Citywide Recycling Program Within City Facilities and Parks. Rec: By Minute Motion, authorize staff to: 1) Implement the Citywide Recycling Program within City facilities and parks; 2) expend funds from Account No. 236-4195-454-3090 for same. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 R. RESOLUTION NO. 02-55 - A Resolution of the City Council of the City of Palm Desert, California, Adopting the Recycled -Content Purchasing Policy for the City of Palm Desert. Removed for separate consideration under Section VII I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S. CONSIDERATION of Co-sponsorship of the First Annual Chamber of Commerce "Putt Putt on El Paseo." Rec: By Minute Motion, approve: 1) Co-sponsorship by the City of Palm Desert for the First Annual Chamber of Commerce "Putt Putt on El Paseo" event being held on Wednesday, July 10, 2002; 2) use of the Shopper Hopper from 5:00 p.m. to 9:00 p.m., in an amount not to exceed $150; 3) waiver of the $10 cost of the Temporary Use Permit required for the event. T REQUEST FOR APPROVAL of Out -of -State Travel Reimbursement for Arborist Certification Course in Arizona. Rec: By Minute Motion, approve the subject request for Parks Maintenance Worker Ricardo Torres in the amount of $1,304.18. U. REQUEST FOR APPROVAL of Out -of -State Travel for the Sister Cities International Annual Conference in Toledo, Ohio. Removed for separate consideration under Section VI I I, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. V. REQUEST FOR WAIVER of Fees Associated with James Carter Elementary School End -of -Year Celebration. Rec: By Minute Motion, waive fees associated with the End -of -the -Year Celebration for James Carter Elementary School fifth grade students and their parents scheduled to be held on June 4, 2002, at Pavilion One located in the Palm Desert Civic Center Park. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 W. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Report on Tract No. 30087 (College View Estates, II, LLC)/Shepherd Lane Assessment District Removed for separate consideration under Section VIII, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Mr. Folkers requested that Items R and W-2 be removed for separate consideration under Section VIII. Mayor Pro-Tem Benson also removed Item U for separate consideration. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by a 4-0 vote, with Councilman Ferguson ABSENT. VIII. CONSENT ITEMS HELD OVER R. RESOLUTION NO. 02-55 - A Resolution of the City Council of the City of Palm Desert, California, Adopting the Recycled -Content Purchasing Policy for the City of Palm Desert. Mr. Folkers asked that the Council continue this matter in order for staff to further review the policy. Councilman Crites moved to continue this matter to the meeting of June 13, 2002, so that staff could further review the policy prior to its adoption. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. U. REQUEST FOR APPROVAL of Out -of -State Travel for the Sister Cities International Annual Conference in Toledo, Ohio. Mayor Pro-Tem Benson asked that a condition be added that two Sister City representatives who have not been on a trip through Sister Cities be the ones to go. Councilman Crites suggested that it be worded in such a way that Sister City representatives who had not previously participated in such out-of-state travel be given preference, and Mayor Pro-Tem Benson agreed. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 Councilman Spiegel asked whether it was necessary for representatives to attend the conference this year. Councilman Crites responded that the Committee felt it was important to attend. Councilman Crites moved to, by Minute Motion, approve the subject request for two Sister Cities Subcommittee Representatives to attend the subject Conference, July 17-20, 2002, and authorize the expenditure of funds in an amount not to exceed $3,200 from Account No. 110-4416-414-3126 for same, with direction that if possible, preference be given to Sister City representatives who had not previously participated in such out-of- state travel. Motion was seconded by Benson and carried by a 3-1 vote, with Councilman Spiegel voting NO. W. INFORMATIONAL ITEMS: 2. Report on Tract No. 30087 (College View Estates, II, LLC)/Shepherd Lane Assessment District Senior Management Analyst Martin Alvarez reviewed the staff report, noting that at the City Council meeting of May 9, 2002, the formation of the Shepherd Lane Assessment District failed by vote, resulting in a question as to the future maintenance of perimeter landscaping for those tracts currently under construction in that area. At that same meeting, the City Council approved Tract Map No. 30087, College View Estates, with the condition that a homeowners association (HOA) be formed. He said that at this time, an HOA for this tract and for others under construction may not be feasible. Staff's recommendation was that the City Council re -approve the tract, without the HOA condition, direct staff to proceed with individual assessment districts for those tracts under construction, with any future tracts to be directed to create HOAs. He stated that the developer of College View Estates, Tom Halleck, had placed a $75,000 bond to guarantee the maintenance of the perimeter landscaping. Mr. Halleck still had ownership of the parcels and voting powers, and he was guaranteeing the individual assessment districts. Upon question by Councilman Spiegel relative to formation of an HOA, Mr. Alvarez stated that an HOA would have to be recorded with the State of California, and CC&Rs would have to be drafted. This would take several months to complete, and residents were already moving in to some of the tracts. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 Councilman Crites asked whether this assessment district was a "no" vote at the last meeting. Mr. Alvarez responded that with this particular district, an incorrect address was used, and the developer never received his ballot; therefore, there was no vote cast. Upon question by Councilman Crites relative to having a new ballot, Mr. Alvarez stated that the $75,000 bond guaranteed the maintenance for a five-year period. After that time, the residents in that area would have to be re -balloted. Mr. Folkers stated that the idea behind the $75,000 was assuming that the assessment district would proceed, and the money would be returned after the assessment district is set up. The $75,000 was strictly a guarantee that the district would proceed. Upon question by Councilman Crites, he said it was still necessary to have a ballot to form the district, and it was staff's understanding that the developer, the sole owner, was very much in favor of the district. Upon question by Councilman Spiegel relative to plans down the road with HOAs, Mr. Alvarez stated that all new tracts that come in will be required, as a condition of approval of the tentative maps, to create an HOA. At this time, they have the option of either an assessment district or an HOA. Mayor Pro-Tem Benson moved to, by Minute Motion: 1) Re -approve Final Tract Map No. 30087, removing the condition to form a homeowners' association; 2) direct staff to proceed with forming individual landscape and lighting districts for tracts under construction on Shepherd Lane; 3) accept a bond in the amount of $75,000 from College View Estates II (Tract No. 30087), guaranteeing maintenance of the subdivision's perimeter landscaping until an individual assessment district is formed. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilman Ferguson ABSENT. IX. RESOLUTIONS A. RESOLUTION NO. 02-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A POLICY THAT THE OPERATION OF UNREGISTERED GOLF CARTS BE ALLOWED ON ALL 25 MILES -PER -HOUR STREETS WITHIN PALM DESERT COUNTRY CLUB. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-56. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 B. RESOLUTION NO. 02-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING THE TIME AND PLACE OF REGULAR MEETINGS OF THE PALM DESERT CITY COUNCIL. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-57. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. X. ORDINANCES For Introduction: None For Adoption: None XI. NEW BUSINESS A. REQUEST FOR APPROPRIATION OF FUNDS FROM DRAINAGE FUND NO. 232 FOR THE PROJECT KNOWN AS "TRAFFIC SIGNAL, STREET, STORM DRAIN, AND WATER IMPROVEMENTS AT COOK STREET AND FRANK SINATRA DRIVE (CONTRACT NO. C19620, PROJECT NO. 678-01)." Mr. Ortega noted that this was a bookkeeping item and that Council had previously approved the project but had not appropriated the storm drain funds. Councilman Spiegel moved to, by Minute Motion, appropriate $239,030 from Drainage Fund No. 232 to construct the storm drain system associated with the subject project — there is no net effect on the contract awarded to Granite Construction Company on April 25, 2002. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. CONSIDERATION OF ALL -WAY STOP CONTROL AT THE INTERSECTION OF SHADOW MOUNTAIN DRIVE AND IRONWOOD STREET. Mr. Ortega noted the staff report and recommendation in the packets and stated that this was the subject of discussion earlier in the meeting. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 Upon question by Councilman Spiegel, Engineering Manager Mark Greenwood responded that the stop signs cost approximately $100 each. Councilman Crites asked how this stop sign request differed in terms of traffic issues than the one on Grapevine that was approximately three blocks to the east of Highway 74 at Desert Lilly. Mr. Greenwood responded that sign was installed long before he came to the City of Palm Desert. Upon additional question by Councilman Crites, he said he did not know whether or not it would meet warrants, although he doubted that it would. Mayor Pro-Tem Benson said the stop sign at Desert Lilly was installed because someone had been killed at that intersection. Councilman Crites also questioned the stop sign on Shadow Mountain and Tumbleweed, and Mr. Greenwood said it was his understanding that it did meet warrants. Councilman Spiegel noted the petition included in the staff report which was signed by 40 residents, most of whom lived on Shadow Mountain or Ironwood who were affected by the traffic in this area. Councilman Spiegel moved to, by Minute Motion, approve the request for an all -way stop control at the intersection of Shadow Mountain Drive and Ironwood Street. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson ABSENT. MR. CARL COX, 73-127 Shadow Mountain Drive, Palm Desert, expressed appreciation to the City Council for this stop sign. C. REQUEST FOR APPROVAL OF THE REIMBURSEMENT OF EXPENSES ASSOCIATED WITH THE RELOCATION OF WATER UTILITIES BY THE COACHELLA VALLEY WATER DISTRICT FOR THE FRED WARING DRIVE WIDENING PROJECT FROM SAN PASCUAL AVENUE TO DEEP CANYON ROAD. Mr. Ortega noted the staff report in the packets. Councilman Spiegel moved to, by Minute Motion, approve reimbursement of expenses in an amount not to exceed $62,370 for the relocation of water utilities by the Coachella Valley Water District for the subject project. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson ABSENT.. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 D. CONSIDERATION OF A WAIVER OF BUILDING AND PERMIT FEES FOR THE LIVING DESERT'S FUTURE PROJECTS. Mr. Ortega noted the report and recommendation in the packets. He added that the Council had previously heard a presentation relative to submission of individual requests for waivers on a case -by -case basis. Councilman Spiegel moved to, by Minute Motion, continue the matter in order that The Living Desert might submit individual requests for waivers on a case -by -case basis. Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XII. CONTINUED BUSINESS None XIII. OLD BUSINESS None XIV. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ADD SECTION 25.56.510 TO THE GENERAL PROVISIONS REQUIRING APPROVAL FOR ANY SIGNIFICANT CHANGE OF AN APPROVED COLOR OR TEXTURE ON AN EXISTING BUILDING, STRUCTURE, SIGN, WALL, FENCE, OR OTHER IMPROVEMENTS TO REAL PROPERTY Case No. ZOA 02-01 (City of Palm Desert, Applicant). Mr. Drell reviewed the staff report, noting that there was currently no specific language in the City's Zoning Ordinance relative to changing of approved colors or textures on existing buildings. He said the proposed language was to deal with significant changes and obvious transgressions. He said no permit would be needed if an individual wished to repaint his or her house the same color or a similar color. The only time there was a concern was when there was a radical change. Upon question by Mayor Kelly as to how people would know whether or not a permit was needed, Mr. Drell responded that he felt this was information that should be included in the City's newsletter, if the Council decided to adopt the ordinance. Upon question by Councilman Spiegel, Mr. Drell responded that staff was not suggesting a color palette. Basically, if the color of a home was being significantly changed from whatever it was, approval would be required. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was offered, and he declared the public hearing closed. Upon question by Councilman Spiegel, Mr. Drell responded that he felt there should be an article in the City's newsletter letting residents know that if they are contemplating a significant color change, they will need to call the City and have it reviewed. Upon question by Mayor Kelly, Mr. Drell stated that if the Council wished, action on this matter could be continued until such time as the newsletter is sent to residents with this article. Councilman Crites suggested that second reading of this ordinance could be held until after publication of an article on the proposed regulation in the City's newsletter. Mayor Kelly reopened the public hearing in order to allow for testimony once the matter comes back to the Council for second reading. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1015 to second reading, said second reading to occur following publication of an article on the proposed regulation in the July issue of the City's Bright Side newsletter, with special attention being paid to providing opportunity for the receipt of public testimony when the matter is next considered. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XV. REPORTS AND REMARKS A. CITY MANAGER 1. Report on the Bighorn Pumping Station at Haystack/Chia. Mr. Ortega provided a report on the matter that was brought to the Council's attention at its May 9 meeting by Linda Garbarini. The Informational Report was received by the Council. B. CITY ATTORNEY 1) Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 1) Property: APNs 625-062-015/016 Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/ City of Palm Desert Property Owner: Jerome Beauvais Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 2) Report and Action from Closed Session Made at This Meetinq.. None C. CITY CLERK 1. Reminder to Adjourn This Meeting to 8:30 a.m. on Wednesday, June 5, 2002, for a Joint Meeting with the Redevelopment Agency and Housing Authority for Consideration of the Fiscal Year 2002/03 Budget. Mrs. Klassen reminded the Council to adjourn this meeting to 8:30 a.m. on Wednesday, June 5, 2002, for a Joint Meeting with the Redevelopment Agency and Housing Authority for consideration of the Fiscal Year 2002/03 Budget. 2. Consideration of Summer City Council Meeting Schedule. With Council concurrence, it was decided that the Regular City Council Meetings of July 11 and August 22 would be held, with the Regular Meetings of July 25 and August 8 to be canceled, with the understanding that should there be business requiring attention prior to August 22, the regular meeting dates could be observed or a Special or Adjourned meeting could be called during the break. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). The update was provided by Indian Wells Councilman Percy Byrd at the beginning of the meeting. o City Council Comments: 1. Councilman Spiegel reported that he had just returned from the International Conference of Shopping Centers (ICSC) in Las Vegas, with news that the new center proposed for Monterey Avenue and Dinah Shore Drive, Desert Gateway, was receiving a great deal of interest. He said the developer estimated it would bring the City approximately $2 million per year in sales tax. Besides the Sam's Club and WalMart, it was proposed to host Red Lobster, another City Wok, Krispy Kreme Donuts, Payless Shoes, and Del Taco. Further, he said Westfield was poised to announce several new retailers; the two he could announce were Charlotte Russe, an upscale dress store, and Abercrombie & Fitch, athletic and casual wear. Robinsons May anticipated breaking ground on its expansion next week. He went on to say that at the ICSC, a good deal of discussion centered on "multiple use," meaning businesses would be placed over stores. He said one of the people working on Palms to Pines Central, the site of the fire earlier this week, was looking at the possibility of a combination of businesses and stores there. 2. Councilman Crites said he had been asked by several people about the Palm Springs Unified School District and Desert Sands Unified School District annexation issue. He related that those asking said their concern was that the Palm Springs School District was tied to the existing sites in the North Sphere for Proposition 60 money; if the schools weren't built there, the money would be lost. He stated that the information was conveyed to him as coming from Palm Springs school officials, which brought out a number of people who were opposed to the boundary changes. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 Councilman Spiegel responded that an outside firm from the Carlsbad area had been contracted to perform a cost analysis for both districts. He said it is Palm Desert's contention that there is negligible effect on either school district by making the move. However, it is the other side's contention that there is. Consequently, he said it would be necessary to wait for the report, noting that his colleagues probably also received the notice that the final hearing would be held in late July, with exact date to be determined. He added that whatever the decision was, it could be appealed by either Palm Springs or the City of Palm Desert. 3. Mayor Kelly reported that relative to Councilman Spiegel's report on the Desert Gateway shopping center, he had been working on a committee for the last six months, looking into the possibility of using flyways at intersections. He said the group zeroed in on the intersection of Monterey/Dinah Shore, and during the examination and looking at the tremendous increase in traffic volume, it was decided to take a closer look at Portola Avenue. He said Portola had initially been listed for an overcrossing, but now it probably would be best to look soon at the possibility of an interchange there. He explained that a flyway at Monterey/Dinah Shore would cost almost as much as an interchange at Portola. In response to question, Mr. Greenwood believed the flyway would cost approximately $5 million. Mayor Kelly asked for the feeling of his colleagues on this matter so that he could take that information back to the next meeting, noting that Rancho Mirage was already moving ahead with building at the intersection. Councilman Spiegel said he believed doing the interchange at Portola would be the best way to proceed; it would provide another access to the City. Mayor Pro Tem Benson was not enthused about the flyway proposal; however, she felt Portola was worth looking at but was unsure it warranted another interchange that close to Cook Street. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 23, 2002 Councilman Crites wondered what alternatives existed in Tight of Rancho Mirage's plans to build out the corner, as well as the proposed Desert Gateway on Palm Desert's side. He believed it should be carefully considered, suggesting that the developers on both sides be asked to contribute mitigation funds towards the project. Mayor Pro Tem Benson commented that when Mr. Carver made one of his presentations, he proposed access at the rear of the site also. Mayor Kelly said that in this project, it sounded as though CVAG was willing to contribute 75%. He believed the flyway had to be on Monterey rather than Dinah Shore. XVI. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting to 8:30 a.m. on Wednesday, June 5, 2002, for a Joint Meeting of the Housing Authority, City Council, and Redevelopment Agency. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. ATTEST: (,_ ii-t1,-, RICHARD S. KELLY, MAYQF( RACHELLE D. KLASSEN, DEPUTY CITY CLER CITY OF PALM DESERT, CALIFORNIA 19