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HomeMy WebLinkAbout2002-11-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, NOVEMBER 14, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Jim Ferguson arrived at 4:10 p.m. 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 Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Amir Hamidzadeh, Acting Director of Building & Safety Rachelle D. Klassen, City Clerk Phil 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 Joseph S. Gaugush, Director of Public Works David Yrigoyen, Director of Redevelopment III. ORAL COMMUNICATIONS - A None IV. ADJOURN TO CLOSED SESSION With City Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 3:02 p.m. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Renee Capela v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 021720 b) City of Orange, et al. v. Alabama Treasury Advisory Program, et al., Los Angeles Superior Court Case No. BC 106 461 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: 3 Mayor Kelly reconvened the meeting at 4:10 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilman Buford A. Crites VII. INVOCATION - Mayor Richard S. Kelly VIII. ORAL COMMUNICATIONS - B MR. IGNACIO SANCHEZ, resident of the Merle Drive neighborhood, addressed the City Council to express his and his neighbors' concern over the installation of sewer lines on the north side of their street and the tree removal process that they feel will expose the Palm Desert Storage unit to residents on the south side of the street. He presented the City Council with a written list of their concerns. With City Council concurrence, Mayor Kelly asked that staff meet with the neighborhood residents to identify and address the concerns in a report back to the City Council at its next meeting. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 With City Council concurrence, Mayor Kelly suspended the City Council Agenda in order to take up the Redevelopment Agency Agenda of this date. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING THE WEEK OF NOVEMBER 10-16, 2002, AS "ALZHEIMER'S DISEASE AWARENESS WEEK" IN THE CITY OF PALM DESERT. No representative was able to attend, and the proclamation was to be picked up at City offices tomorrow. B. PRESENTATION OF AAA TRAFFIC SAFETY AWARD PROGRAM TO THE CITY OF PALM DESERT. MS. HOLLY TURNER, District Manager for the Automobile Club of Southern California - La Quinta District Office, presented the City of Palm Desert with an Honorable Mention award in the nationwide 2002 AAA Community Traffic Safety Program. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 24, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 109, 113, 116, and 112PDOC. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#495) by Virgil Forero in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY'S/AGENCY'S PORTFOLIO MASTER SUMMARY for the Month of September 2002 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Judith M. Oberman for Frankie J's, 73-460 Highway 111, Palm Desert. Rec: Receive and file. F. MINUTES of City Committee and Commission Meetings. 1. Entrada del Paseo Steering Committee Meetings of September 5, and September 19, 2002. 2. Housing Commission Meeting of September 11, 2002. 3. Investment & Finance Committee Meeting of September 25, 2002. 4. Sister Cities Subcommittee Meeting of July 25, 2002. Rec: Receive and file. G. LETTER OF RESIGNATION from Ilene Broder from the Art In Public Places Commission. Rec: Receive with very sincere regret. H. REQUEST FOR EXTENSION OF CONTRACT for Meeting Minutes Transcription Services (Contract No. C16852). Rec: By Minute Motion, approve extension of the subject contract with Mary P. Gates, Indio, California, on an as -needed basis, at the rate of $25.00 per hour, in an amount not to exceed $5,000 and authorize expenditure of said funds from Account No. 110-4111-410-3090 — funds are available in this account for FY 2002/03 and no additional appropriation is required. I-1 REQUEST FOR AWARD OF CONTRACT for Landscape and Irrigation Installation at Sandpiper (Contract No. C20350, Project No. 698-02). Rec: By Minute Motion: 1) Award the subject contract to Valley Landscape Service, Palm Desert, California, in the amount of $34,660; 2) authorize a 10% contingency for the project in the amount of $3,466 (total project amount of $38,126); 3) authorize the Mayor to execute said contract. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 1-2. REQUEST FOR AWARD OF CONTRACT for Professional Engineering and Design Services for Median Improvements at San Pablo/Highway 111 and at Monterey Avenue Southbound at Parkview Drive (Contract No. C20620, Project No. 665-02). Rec: By Minute Motion: 1) Award the subject contract to Nickerson & Associates, Cathedral City, California, in the amount of $24,070; 2) authorize a 10% contingency for the project in the amount of $2,407; 3) authorize the Mayor to execute said contract. J. REQUEST FOR RATIFICATION of Change Order and Acceptance of Work for Contract No. C19230C — Installation of Bunker Sand at Desert Willow Golf Resort (Marina Landscape, Anaheim, CA). Rec: By Minute Motion: 1) Ratify the Change Order to the subject contract with Marina Landscape, Anaheim, California, for installation of bunker sand in the amount of $17,250, appropriate said funds from Account No. 241-4195-495-8092, and authorize the Mayor to execute same; 2) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K-1. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C19870 — Hovley Lane Median Landscaping from Portola Avenue to Cook Street (Project No. 589-98) (Mark Logan Landscape, Inc., La Quinta, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. K-2. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20260 — Hovley Lane East Raised Median Improvements at Oasis Country Club Drive (Project No. 610-02) (Contreras 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. CONSIDERATION of Palm Valley Channel Bicycle Trail. Rec: By Minute Motion, direct staff to proceed with plans to establish the Palm Valley Channel Bicycle Trail in conformance with the Palm Desert Bikeway Plan. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 M-1. REQUEST FOR AUTHORIZATION to Release Improvement Security for Wonder Palms Commercial Center East — Parcel Map 28448-1 (ART Palm, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities and accept the Applicant's one-year Maintenance Bond. M-2. REQUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 29893 (Hovley Estates North, LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities and accept the Applicant's one-year Maintenance Bond. N-1. REQUEST FOR AWARD OF BID for Honda Civic Hybrid Vehicle. Rec: By Minute Motion, award the bid for the purchase of a Honda Civic Hybrid to Moreno Valley Honda, Moreno Valley, California, in the amount of $19,540.71. N-2. REQUEST FOR AWARD OF BID for Two, One -Ton Flatbed Trucks. Rec: By Minute Motion, award the bid for the purchase of two (2) one -ton flatbed trucks to Villa Ford, Orange, California, in the amount of $65,607.77. O. REQUEST FOR APPROVAL of Engineering Services for Silver Spur Ranch Undergrounding Assessment District -- City Assessment District No. 01-01 (Contract No. C20630). Rec: By Minute Motion: 1) Approve Verizon Work Order No. 0547-7P001 DG in the amount of $5,000 for the engineering of the underground phone system for Silver Spur Ranch Assessment District No. 01-01; 2) authorize the Director of Finance to appropriate said funds from Unobligated Fund 400 Reserves. P-1. REQUEST FOR APPROVAL of Steel Sculpture, Female Elephant by Fredrick Prescott, in the 2003 El Paseo Exhibition (Contract Nos. C20270). Rec: By Minute Motion, concur with the recommendation of the Art In Public Places Commission and approve inclusion of the subject sculpture in the 2003 El Paseo Exhibition. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 P-2. REQUEST FOR APPROVAL of the Commissioning of Artwork for the Property Located at 74-900 Gerald Ford Drive (Dutt Hospitality Group, Inc., Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. P-3. REQUEST FOR APPROVAL of the Commissioning of Artwork for the ARCO Station Located at 74-950 Gerald Ford Drive (ARCO Land Development Company, Applicant). Rec: By Minute Motion, approve the Applicant's request to commission Artist Jon Seeman to create an artwork for the ARCO Mini Mart located at 74-950 Gerald Ford Drive. P-4. REQUEST FOR AUTHORIZATION to Reimburse Art In Public Places Funds for Remodel of the Aurora Medical Centre Located at 73-950 Alessandro Drive (Jewitt & Brown Associates, Inc., Applicant). Rec: By Minute Motion, concur with staff and approve reimbursement of AIPP funds in the amount of $400 to Jewitt & Brown Associates, Inc., for the subject project. Q. REQUEST FOR WAIVER of Fees Associated with the Historical Society of Palm Desert's Third Annual "Ed Mullins Picnic in the Park." Rec: By Minute Motion, waive fees associated with the subject event, scheduled to be held on Sunday, March 30, 2003, at Pavilion No. 1 at the Palm Desert Civic Center Park. R. REQUEST FOR EXTENSION of Contract for Citywide Striping. Rec: By Minute Motion, extend the agreement with the County of Riverside Transportation Department for Fiscal Year 2002/03 for Citywide street striping and authorize said extension in an amount not to exceed $75,000 — funds are available in Account No. 110-4315-433-3320. S. REQUEST FOR APPROVAL of Reimbursement for Traffic Signal Improvements (GHA Paloma Group, LLC, Applicant). Rec: By Minute Motion, approve reimbursement to GHA Paloma Group, LLC, Cathedral City, California, for the traffic signal improvements at the intersection of Portola Avenue and Hovley Lane East. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 T. REQUEST FOR APPROVAL of Agreement with the City of Indian Wells for Maintenance of Traffic Signals and Safety Lighting (Contract No. C20640). Rec: By Minute Motion, approve the subject agreement between the City of Palm Desert and the City of Indian Wells for maintenance of traffic signals and safety lighting. U. REQUEST for Grant of Easement on the North Side of Country Club Drive for Southern California Edison Rec: By Minute Motion, approve the subject Grant of Easement for Southern California Edison, adjacent to Freedom Park School Site, approximately 125 feet east of Resorter Boulevard, and authorize the Mayor to execute same. V REQUEST FOR APPROVAL of Expenditure Plan for Supplemental Law Enforcement Services Fund Grant. Rec: By Minute Motion: 1) Approve the Sheriffs Department expenditure plan for use of the Supplemental Law Enforcement Services Fund (SLESF) grant received from the State; 2) appropriate $100,000 for the SLESF State grant funds and approve an estimated revenue of $100,000 in Fund 229. W. REQUEST for City Council Consent to Financing by River Run One, LLC, a California LLC, in Favor of El Paseo Bank for Property Located at 44-555 San Rafael Avenue. Rec: By Minute Motion, grant the subject request as it relates to Ordinance No. 1013 and the Development Agreement it approves (DA No. 02-02) for a 10-unit senior citizen apartment project. X. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies 2. Report on Utility Trench Pavement Replacements 3. Follow-up on Countdown Pedestrian Signals Councilman Crites asked that Item P-2 be removed for separate consideration under Section XI, Consent Items Held Over. Upon motion by Spiegel, second by Benson, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 XI. CONSENT ITEMS HELD OVER P-2. REQUEST FOR APPROVAL of the Commissioning of Artwork for the Property Located at 74-900 Gerald Ford Drive (Dutt Hospitality Group, Inc., Applicant). Councilman Crites said his concern was that this might run counter to what has been done in the past with the Ordinance, and that is locating public art inside buildings. He said that, almost without exception, current public art located within buildings were actually in City buildings such as the Library or City Hall. One other inside public art piece was located inside Ruth's Christ Steakhouse. He said he had no negative comments about the art; however, he felt it would set a trend that is increasingly not what a public art program should be when the art pieces are placed inside businesses. He said he would vote No on the matter. Upon question by Councilman Spiegel, Public Arts Manager Richard Twedt responded that the vote of the Art In Public Places (AIPP) Committee was unanimous. Councilman Crites asked if there were concerns about this issue, and Mr. Twedt responded that there were concerns in a prior vote. He said the issue of having art inside buildings was on that Committee's Agenda for November 20th Mayor Kelly agreed with Councilman Crites and said he would also vote against this. Mayor Pro-Tem Benson said she felt the main reason AIPP vote for it was because the owner did not want the first piece that came in, and this was the second which the owner had decided he wanted to see on his property. She agreed that perhaps the ordinance needs to be amended or something else needs to be done in order to encompass inside art. Mayor Kelly said it had always been such that the art must be in a place where the public would logically be. In this case, the public would have to be a customer of the hotel, or the art would not be seen. Councilman Ferguson said his concern was that money was being taken from a fund that is supposed to benefit the public at large to finance art work for the inside of someone's building, which takes it off of their budget. He said it did not seem fair to all of the people paying into that fund to be furnishing and making fancy the inside of someone's office. Councilman Spiegel moved to continue the matter to the meeting of December 12, 2002. Motion was seconded by Ferguson and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 XII. RESOLUTIONS A. RESOLUTION NO. 02-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE APPLICATION FOR A FISCAL YEAR 2002/03 MSRC (MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE) COACHELLA VALLEY PM-10 REDUCTION PROGRAM GRANT FOR WIND FENCE AND SOIL STABILIZATION IMPROVEMENTS. Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-140. Motion was seconded by Kelly and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1026 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FOR 28.8 +/- ACRES GENERALLY LOCATED SOUTH OF IRONWOOD COUNTRY CLUB, PART OF THE EAST HALF OF SECTION 5, T6S R6E, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (Ironwood Country Club and SR Consultants, Applicants). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1026. Motion was seconded by Ferguson and carried by a 5-0 vote. B. ORDINANCE NO. 1027 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRE -ANNEXATION ZONING OF OPEN SPACE FOR 640 ACRES LOCATED IN SECTION 25, T5S R5E (Destination Development Corporation, Applicant). Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1027. Motion was seconded by Ferguson and carried by a 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 C. ORDINANCE NO. 1028 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT, RELATING TO THE CREST GOLF CLUB AND RESIDENTIAL VILLAGE (Destination Development Corporation, Applicant). Mayor Pro-Tem Benson expressed concern that the wells were located in various spots according to the letter from the Coachella Valley Water District and asked if that meant there was a possibility residents will be coming to the City with concerns about the noise when these wells are being used. In addition, she asked if there was a way to know which of the wells were going to be used. Mr. Drell responded that an ordinance had already gone to the Planning Commission for the regulation of these wells. He said a Conditional Use Permit process was being created where approval will have to be obtained whenever there is a shift from the Coachella Valley Water District well to a private well. Councilman Crites said that he would not be ready to vote on this ordinance until he understands what is going to be done with Ordinance No. 1029 (Item D below). Councilman Ferguson stated that Councilman Crites had agreed to pass this ordinance on first reading, only predicated on a satisfactory resolution of Old Business Item A and Ordinance No. 1029. Councilman Spiegel said it was his understanding there was a recommendation that staff work with the local land owners to come up with their recommendation. Mr. Drell responded that this would be discussed under Old Business Item A. He said the issues that staff was directed to investigate were discussed under that item, and he felt it was appropriate to discuss them concurrently with this ordinance. Councilman Crites noted that the City Attorney had filed a letter with the Fair Political Practices Commission (FPPC) to see whether there was a conflict of interest on the general discussion of hillside changes, and that issue had not yet been resolved. He said his specific question from the last meeting was how the City would be guaranteed that at least on those nine Tots the shortcomings would be tended to in the process of annexation. Mr. Drell said staff was suggesting the Council initiate an amendment to the Hillside Planned Residential Zone which removes any possibility of having 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 more than one lot per parcel. He said under the County, property owners were allowed fewer units than the City would have allowed. While the base zoning in the County was one unit per acre, there was a special hillside overlay which made it one unit per five acres. A slope analysis was done and was applied to those nine parcels; under the City's ordinance there could have been eleven houses, while the County's ordinance would only have allowed nine. He said there were a lot of other five -acre properties in the City, and the vast majority were so steep they would also be limited to only one lot per parcel. Parcels at the bottom of the slope, that have flat land in them, would be allowed three units per acre based on the City's ordinance. Staff was suggesting as part of the ordinance amendment that the three units per acre for flat land also be reduced to one unit per acre. That would impact four property owners. Councilman Ferguson stated that Ordinance No. 1029 only does preannexation zoning for those nine lots and would bring them into the City's existing hillside zone, and Mr. Drell agreed. Councilman Ferguson added that Old Business Item A then guarantees everyone with a lot at least one dwelling unit. He said two of the nine property owners appeared to have five - acre parcels, but they were made up of a 4.7-acre and a .3-acre parcel. He asked if that meant they could have two dwelling units, including one on the .3-acre parcel. Mr. Erwin responded that this would be true if it was a legal parcel, although there was a question about whether or not it was a legal parcel. DR. JERRY MEINTS, 71-450 Painted Canyon, Palm Desert, said at the last meeting Councilman Ferguson suggested that Council contact property owners and have a dialog regarding the impact of these decisions on them as property owners. He said there had been a lot of discussion and thinking about those impacts, but the property owners had not been contacted except after the fact, after a meeting was facilitated and these decisions were made. Some of the decisions from that meeting caused great concern to the owners. The nine property owners would prefer not to be annexed into the City; even though the Council and Planning Commission felt differently, the property owners still maintain that their rights under County ordinances allowed them more freedom than does the City. Secondly, it was his understanding that it had been decided earlier this week at a meeting that the owners would, in fact, be allowed one unit per parcel, whether it be three acres as his property was or five as are the others. However, it was also made clear to them that the City would not force the developer to guarantee access to their properties through The Crest country club. That left him personally feeling that the City really did not do its job in protecting the residents. Once this development takes place, property owners are at the mercy of big dollars, big developers, and attorneys. He asked that the City 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Council follow Councilman Ferguson's suggestion and meet with the property owners to find out how this will affect them before this decision is made based basically on how it will affect the property itself. He added that they were in favor of this project in principle and that this was probably the finest, most naturalistically -oriented development to ever happen in the City of Palm Desert, but they did not want to be swept along in the tide of development and have their concerns and rights be ignored. MR. SABBY JONATHAN, 42-620 Caroline Court, #102, Palm Desert, spoke in favor of The Crest and preannexation of the 34 acres, particularly his five - acre parcel, if he knew where he would be allowed to build his home. He noted that although he had received notice of the Planning Commission meeting, he had not received notice of either of the City Council meetings relative to this issue. He also expressed concern that he had not been contacted by staff and the fact that staff was not able to answer his single question, which was where he could build his home. He said he intended to build one unit on the property and build it to Palm Desert development standards whether the property was in the County or the City, and he preferred to be within the City of Palm Desert; however, he did not want to support the preannexation without knowing what the results are. Councilman Ferguson suggested continuing adoption of Ordinance Nos. 1028 and 1029 until after discussion of Old Business Item A. Council agreed. Additionally, the Council took action on Item D below prior to action on this item. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1028. Councilman Crites seconded the motion, based on the passage of Item D below. The motion carried by a 3-1 vote, with Mayor Pro-Tem Benson voting NO and Councilman Spiegel ABSENT. D. ORDINANCE NO. 1029 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRE -ANNEXATION ZONING OF HILLSIDE PLANNED RESIDENTIAL FOR 33.4 +/- ACRES (NINE LOTS) IN THE NORTHEAST CORNER OF SECTION 36, T5S R5E (Destination Development Corporation, Applicant). Please see discussion under Item C for Ordinance No. 1028 above. Action was taken on this item prior to action on Item C above. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1029. Motion was seconded by Crites. Mayor Pro-Tem Benson said she felt adoption of this ordinance should be held until after the Zoning Ordinance amendment is completed. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Mr. Drell stated that without this ordinance, the annexation would go the LAFCo with the City's existing ordinance, which would allow 11 lots, although the City could inform LAFCo of its intent to change the ordinance to allow only nine lots. He said the important issue was that the proposed zoning in this ordinance was changing it back to what the existing zoning is under the County. Under the City's proposed amendment, the property owners would end up with one home per lot. Councilman Crites asked when this was scheduled to go to LAFCo. Mr. Drell responded that it would be January 23rd. He said the matter could probably be on the Planning Commission Agenda at the first meeting in December, to the City Council at its first meeting in January for first reading of the ordinance, with second reading on January 23`d unless Council adopted the ordinance as an urgency ordinance. Councilman Ferguson asked what would happen to Item C above if the Council did not adopt this ordinance at this time. Mr. Drell responded that if the City wants to annex those nine lots, it has to attach it to the annexation of the 640 acres. Councilman Crites asked what would happen if Items C and D were approved at this meeting and then subsequently it is discovered that the Council really changed its mind on Item D. He asked if that could be communicated to LAFCo. Mr. Drell responded that it could be done. Mayor Kelly called for the motion, and the motion carried by a 3-1 vote, with Mayor Pro-Tem Benson voting NO and Councilman Spiegel ABSENT. XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT, DENYING A REQUEST TO PLACE A SIX-FOOT CLOTHES RACK ON THE SIDEWALK IN FRONT OF HIS LADY GOLF AT 73-290 EL PASEO (Karen Can'trell, Appellant). Mr. Drell reviewed the staff report and recommendation to deny the appeal. He said he was concerned that this might start a precedent for clothes racks on El Paseo. Councilman Spiegel said he would agree with Mr. Drell's conclusion; however, he felt this was a larger issue than just El Paseo. During a tour of the City two days ago, he had seen a store on Washington Street that had all kinds of merchandise out on the sidewalk, and he felt something needed to be done. He said it was his understanding the City had some kind of time limit for these types of things and that people could apply for approval. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Mr. Drell responded that the application was for a Temporary Use Permit which would allow ten days a year, and the applicant, long-term, wanted it out longer than that. MS. KAREN CAN'TRELL, owner of Lady Golf in Rancho Las Palmas and owner of an interest in His Lady Golf on El Paseo, spoke as the appellant and read a prepared statement. She said the rack in question could not be seen as one drives by on El Paseo, although it could be seen by a pedestrian walking along the street. The rack was not on the sidewalk and did not impede pedestrians in any way. It was positioned behind a very large planter which contained flowers, three palm trees, and served as an island, set back from the sidewalk to separate the sidewalk from a breeze way leading from El Paseo through the back building where the parking lot is located. She noted that during the time the rack was out, approximately three hours, they had done about $700 in business. She said she understood this was a very touchy subject to allow clothing racks to be placed in front of stores along El Paseo; if it was allowed for one store, it would be difficult to disallow it for another. She asked if this was something that had ever been allowed and whether it was something that should be allowed on a trial basis for a limited period of time to see what the impact would be, especially during certain times of the year such as during the summer months. She noted that the El Paseo Merchants' Association had actually approved this and felt it would be a good idea. She recommended that the City review three options: 1) Leave it up to the El Paseo Merchants' Association and the businesses doing business on El Paseo to decide what they think regarding this idea and send out a possible brief questionnaire and respect their feedback; 2) Limit the size of the clothing rack allowed and do an experiment for approximately three months, then make a decision whether to continue or not; 3) Allow the placement of merchandise in front of stores during off-season months when businesses are hurting the most. She added that perhaps if shoppers could scope out some merchandise by strolling down the street without having to enter a store every time, this street might be filled with more life and what normally should attract more life. Councilman Spiegel asked if Ms. Can'trell was aware of the letter to the City from David Fletcher, President of the El Paseo Business Association, unanimously agreeing with the decision of the Planning Commission to deny this request. Ms. Can'trell said she was aware of the letter and that her understanding was that this was the El Paseo Improvement District and that there was an El Paseo Merchants' Association as well. Councilman Spiegel noted they were the same organization. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Ms. Can'trell stated that when she initially spoke to Sonia Campbell, she indicated it was fine to have the clothes rack. Councilman Spiegel moved to, by Minute Motion, deny the appeal. Motion was seconded by Benson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF ACTIONS RELATED TO FORMATION OF THE SILVER SPUR RANCH UNDERGROUND ASSESSMENT DISTRICT NO. 01-01. Mr. Ortega noted the staff report and recommendation in the packets. Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 02-141, establishing the boundaries of Assessment District No. 01-01; 2) by Minute Motion, authorize the City Clerk to publish the notice inviting bids for the necessary substructure work (Contract No. C20650). Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE 2002-2003 CONTRACT WITH SUNLINE TRANSIT AGENCY FOR ROUTE 51, THE SHOPPER HOPPER, AND RELATED MARKETING OF THE PROGRAM. Mr. Ortega noted the staff report and recommendation the packets and stated that staff was available to answer any questions. He said this was an item staff was directed to do as a result of the adoption of the City's Budget. Mayor Pro-Tem Benson said she noticed the Shopper Hopper was going to be expanded to go to the hotels, and she felt that would cause a longer wait time for people wanting to use this vehicle. She said she would like to see the City experiment with something like a Hummer, only expanded, up and down El Paseo just for El Paseo itself. She said there were many times when she had parked at The Gardens and wanted to go farther down El Paseo without having to move her car. If there was some kind of golf cart coming around every few minutes or so, people would be inclined to hop on, go down a few blocks, and come back to where they are parked without having to move their cars. Mayor Kelly said he felt it was important to keep this particular route as well since it covers all of the business district, and the request by Mayor Pro-Tem Benson should be considered as a separate item. Councilman Ferguson said he was in favor of putting a couple of golf carts on El Paseo. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Councilman Spiegel said he noted the map did not including going across Highway 111 to the Mervyn's shopping center. Business Support Manager Ruth Ann Moore responded that when surveys had been done in the past, there was such low participation from that area that it was determined the possibility of going to College of the Desert might bring more ridership. Councilman Spiegel said he would like staff to talk to the manager of that center to see if they are in agreement that they do not need to be included as a stop along the route. Councilman Ferguson moved to, by Minute Motion: 1) Approve and authorize the Mayor to execute a contract with SunLine Transit Agency, Thousand Palms, California, for operation of the Palm Desert Shopper Hopper for one year in an amount not to exceed $200,000 (Contract No. C20660); 2) approve the expenditure of $15,000 for advertising and special event operations of the Shopper Hopper — funds are available in General Fund Account No. 110-4416-414-3681, with further direction to staff to: a) Explore potential for operating a sub -route along El Paseo, utilizing a golf cart -type vehicle in order to make stops/pick-ups on a quicker turnaround there; b) re -contact the Mervyn's shopping center for its interest in being a stop along the route. Motion was seconded by Spiegel and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF THE MUNICIPAL LEASE AGREEMENT FOR 160 GOLF CARTS AND MISCELLANEOUS CART VEHICLES FOR THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C20670). Mr. Ortega noted the staff report and recommendation. Councilman Spiegel noted that 80 of the carts were two years old, and there were another 80 that were purchased in 2001. He asked why those were being traded in as well. Mr. Ortega said it was his understanding that these were actually 2000 models rather than 2001. MR. RODNEY YOUNG, General Manager of Desert Willow, noted they were 2001 golf carts that were actually received in December of 2000. Although they were only two years old, unfortunately they were not good golf carts, with wheels falling off, golfers getting stranded due to broken down carts, etc. He said they had four different types of leases out there, all of which were on different programs, and he had recommended getting all of the golf carts under one lease program. They were going to go with the same golf cart manufacturer because they did have a much lower bid; however, they had made assurances that they would give the support and the warranties 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 necessary to take care of the golf carts. Upon question by Councilman Spiegel, he said the 160 golf carts were being traded in, along with four beverage vehicles and four demo vehicles to lower the lease payment. Councilman Ferguson asked whether Mr. Young had test driven any of these new golf carts. Mr. Young responded that he had tested the 2003 vehicle and was happy and satisfied that it exceeded the old vehicles. Councilman Ferguson moved to, by Minute Motion, approve the subject lease agreement with E-Z Go Textron, Augusta, Georgia, in the amount of $286,190.70 and approve trade-in of the older carts against the lease cost of the newer fleet. Motion was seconded by Spiegel and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF ACTIONS APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR CERTAIN HILLSIDE OPEN SPACE AND THE CONVEYANCE OF SUCH OPEN SPACE TO THE CITY (HOMME/ADAMS PARK) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega reviewed the staff report and offered to answer any questions. Upon question by Mayor/Chairman Kelly, Mr. Yrigoyen responded that the staff report did not indicate the amount paid for the land; however, staff was recommending transfer of the land from the Redevelopment Agency to the City. He said staff could provide to the Agency Board at a later date the amounts for the several parcels on the hillside purchased from Mr. Homme. Councilman/Member Ferguson asked if staff meant that the Agency had already bought the property, and the property would now be transferred from the Agency to the City, and Mr. Yrigoyen agreed. Councilman/Member Crites moved to waive further reading and adopt: 1) City Council Resolution No. 02-142, approving payment by the Palm Desert Redevelopment Agency for certain hillside open space and the conveyance of such open space to the City; 2) Redevelopment Agency Resolution No. 455, approving payment by the Agency for certain hillside open space and the conveyance of such open space to the City of Palm Desert. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor/Chairman Kelly voting NO. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 F REQUEST FOR APPROVAL OF PAYMENT BY THE PALM DESERT — REDEVELOPMENT AGENCY FOR ALL OR PART OF THE VALUE OF THE LAND FOR AND THE COST OF THE INSTALLATION AND CONSTRUCTION OF CERTAIN PARK AND RECREATION FACILITY IMPROVEMENTS AND CERTAIN PUBLIC PARKING IMPROVEMENTS (LAND LOCATED BETWEEN EL PASEO AND HIGHWAY 111, EAST OF MONTEREY AVENUE) (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega reviewed the staff report and recommendation. Councilman/Member Spiegel noted that the Shell Station at Highway 74 and Monterey Avenue was owned by the same woman who sold this land to the Agency, and he suggested that someone talk to her to see if she would be willing to sell the Shell Station to the City. Councilman/Member Ferguson stated that in reading the staff report, especially if the Shell Station is involved, this is property right outside his office window, and he would, therefore, abstain from voting on this matter. Councilman/Member Spiegel moved to waive further reading and adopt: 1) City Council Resolution No. 02-143, approving payment by the Agency for all or a part of the value of the land for and the cost of the installation and construction of certain park and recreation facility improvements and certain public parking improvements; 2) Redevelopment Agency Resolution No. 456, approving payment by the Agency for all or a part of the value of the land for and the cost of the installation and construction of certain park and recreation facility improvements and certain public parking improvements, with staff directed to investigate the potential for acquiring the adjacent property, which was formerly the site of a Shell gas station. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilman/Member Ferguson ABSTAINING. XV. CONTINUED BUSINESS A. ORDINANCE NO. 1024 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVISING CHAPTER 19.01 IN TITLE 19 OF THE CODE OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO SWIMMING POOL CONSTRUCTION AND SAFETY (Continued from the meeting of September 26, 2002). Mr. Ortega noted it was his understanding that a committee had discussed the changes to the ordinance. He offered to answer any questions. Mayor Kelly said he would be voting against this ordinance. He said he objected to government telling property owners everything to do. He said it did not make sense to him that he was required by law to have a five-foot 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 fence around his pool to keep children from falling in when directly across the fairway is a lake with nothing around it. Councilman Ferguson spoke as a member of the Committee and said State law gives property owners five options to safeguard their pools, including a monitor on the door, a pool cover, or a fence. The Committee when analyzing this made sure it was prospective in nature so it only affected new development, not existing development. In addition, they expressed a preference in options using the least expensive (the monitor) to the most expensive (the five-foot wall). Ultimately, it will be up to the developer, but it does comply with current State law. Councilman Ferguson moved to waive further reading and pass Ordinance No. 1024 to second reading. Motion was seconded by Benson and carried by a 4-1 vote, with Mayor Kelly voting NO. B. REQUEST FOR ACCEPTANCE OF WORK FOR CONTRACT NO. C20140 — HIGHWAY 74 UTILITY UNDERGROUNDING (Herman Weissker, Inc., Bloomington, CA) (Continued from the meeting of October 24, 2002). Councilman Spiegel asked if this would also include the frontage road on Highway 74. Mr. Conlon responded that this work did include the undergrounding work that was on the frontage road, and all of the asphalt had been replaced. Councilman Spiegel stated that behind La Peon on Ocotillo, there is a construction area with used asphalt and other materials, which he felt did not look very nice. Mr. Conlon responded that he would look into this to make sure it was cleaned up. Mr. Gaugush clarified that the location noted by Councilman Spiegel was for the water line installation, which was a separate contractor from this project. The work done by this particular contractor, Herman Weissker, Inc., was complete, and their storage area had been cleaned up. Mayor Kelly asked if staff was satisfied with the work done by this contractor and if the road had been brought back to normal for this underground job, and Mr. Gaugush responded affirmatively. Councilman Crites noted there was a cut in the pavement right at the entrance to Thrush off Highway 74, and he asked whether staff was assured that the work done by this contractor was completed and the pavement returned to such a state where one would not be able to tell that it was done. Mr. Conlon responded that before the final retention monies are released for this contractor, staff will have sign -offs from four entities for their work: 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Caltrans, the City of Palm Desert, Edison, and Verizon. He said it was also his understanding that all of the asphalt work had been completed. He added that filing of the Notice of Completion started the 35-day countdown before the retention monies can be released. Councilman Ferguson moved to, by 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 Spiegel and carried by a 5-0 vote. XVI. OLD BUSINESS A. REQUEST FOR DISCUSSION AND INITIATION OF AMENDMENTS TO THE HILLSIDE PLANNED RESIDENTIAL (HPR) ZONE Case No. ZOA02-06 (City of Palm Desert, Applicant). Councilman Crites stated that he would be abstaining from this item, as there had been no answer yet from the Fair Political Practices Commission relative to a possible conflict of interest. Councilman Spiegel moved to continue this matter. Motion was seconded by Benson. Mayor Pro-Tem Benson said staff had been to contact the property owners, and this had not been done. Mr. Drell said there had been contact with them. He said there were three questions, and that information had been provided: 1) What is currently allowed in the County, which is one unit per five acres, one unit per parcel; 2) what would be allowed under the City's current ordinance, which is conceivably 11 units; 3) how can that number be brought back down to nine, and that would be by changing the City's ordinance. He said Council would have to initiate that public process to change the ordinance. That would trigger notification of all of the property owners who own property within the Hillside Planned Residential zone. A hearing would be held before the Planning Commission on the suggested amendment made in the staff report, and there would subsequently be a hearing before the City Council. Councilman Ferguson said he had spoken with several residents and had promised them copies of the proposed ordinance when it is available and copies of the Minutes which he did not receive until yesterday. He said when he went through the Agenda, he saw that all that the Council was doing was initiating the introduction of an ordinance in the future, public hearings on it, first and second readings of the ordinance, and then when finished, they would have their input. At a minimum, he said the property owners would each be guaranteed the one thing they had all said they wanted — the right 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 to build on their Tots. By bringing the properties into the City's Hillside Residential ordinance existing to facilitate The Crest, they could conceivably get more than one. He said he would not want to see this continued, as it would defeat everything the Council said it would do at the last meeting. Mayor Pro-Tem Benson withdrew her second, stating that she did not realize this was to initiate the process. Councilman Spiegel's motion died for lack of a second. Councilman Ferguson moved to, by Minute Motion, in concept, initiate an amendment to Municipal Code Section 25.15, Hillside Residential District, to reduce density in the HPR zone to one unit per five acres and one unit per acre on areas having an average slope of less than 10%, subject to the receipt of further input from affected residents and the City Council. Motion was seconded by Benson and carried by a 3-0-1 vote, with Councilman Crites ABSTAINING and Councilman Spiegel ABSENT. With City Council concurrence, Mayor Kelly recessed the meeting at 5:35 p.m. He reconvened the meeting at 5:37 p.m. B. UPDATE ON AFTER SCHOOL PROGRAM FUNDING AND PROPOSITION NO. 49. Mayor Kelly stated that Councilman Spiegel had asked that this item be continued until such time as he is able to be present for discussion. Councilman Ferguson moved to continue this matter to a time uncertain. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Spiegel ABSENT. C. CONSIDERATION OF REPORT AND RECOMMENDATION FROM THE COMMITTEE/COMMISSION REVIEW SUBCOMMITTEE RELATIVE TO THE CIVIC ARTS AND PROMOTION COMMITTEES, THE ART IN PUBLIC PLACES COMMISSION, AND THE SISTER CITIES SUBCOMMITTEE. Mayor Pro-Tem Benson moved to continue this matter until such time as Councilman Spiegel is available to discuss the issue. Councilman Ferguson asked if the Council would consider continuing this matter to a Study Session in order to discuss other committees. He said there were some issues he would like to raise with the Council regarding some of the other committees on which he served. Mayor Pro-Tem Benson agreed. Mayor Kelly agreed as well and said he had some concerns and had spoken with Councilman Spiegel about them, and Councilman Spiegel suggested that also. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Councilman Crites said he looked at the report and overall was initially very supportive of it. He said he felt it would tidy up a lot of things that need to be done and provide some redirection. However, he felt it would be appropriate to send the recommendations to the existing committee members and allow them to send the Council their comments if they so choose. Mayor Kelly said he liked the idea of a Study Session to which committee members could be invited so they can provide their input. Mayor Pro-Tem Benson amended her motion to continue this matter until after a Study Session can be scheduled with Committee/Commission representatives to discuss the issue. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. XVII. PUBLIC HEARINGS A. REQUEST TO OPEN THIRTY -DAY PUBLIC COMMENT PERIOD REGARDING THE CITY'S FIVE-YEAR CONSOLIDATED PLAN AND ONE-YEAR ACTION PLAN IN ORDER TO BECOME A DIRECT ENTITLEMENT CITY WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Mr. Ortega stated that the City proposed to become a Direct Entitlement City and to submit its own application to receive Community Development Block Grant. Previously the City had received it through the County of Riverside. One request was that the City circulate a five-year consolidated plan, which would be included with the application. He asked that the public hearing be opened to initiate a 30-day public comment period relative to the Consolidated Plan and Action Plan. Mayor Kelly asked whether Community Block Grant funds would include special transit needs that are not being met; i.e., doing something on El Paseo for seniors or handicapped individuals. Mr. Ortega responded that staff would have to look into this specifically. He said this could be identified as a need, and as the application is developed, staff could ask specifically whether those types of programs could be funded. Mayor Kelly declared the public hearing open and invited testimony. With no testimony offered, he declared the public hearing closed. Mayor Pro-Tem Benson moved to, by Minute Motion, direct staff to provide the Needs Assessment Outline for public review and comment. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 NOTE: At this time, Councilman Crites moved to add an item to the Agenda regarding a Habitat for Humanity project. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. CONSIDERATION OF REQUEST FOR STREET AND LANE CLOSURES FOR HABITAT FOR HUMANITY HOUSE CONSTRUCTION ON GOLETA AVENUE. Mayor Pro-Tem Benson requested that the City provide the Habitat with $1,000 for food for the workers who will be working on the project. Councilman Crites moved to, by Minute Motion, authorized: 1) Closure of Goleta Avenue cul-de-sac adjacent to Portola Avenue; 2) closure of Goleta Court between Fred Waring Drive and Goleta Avenue; 3) closure of the northbound right -turn lane on Portola Avenue/Fred Waring Drive; 4) use of the City -owned lots on Goleta Avenue at Deep Canyon Drive; 5) provide funds in the amount of $1,000 for food and refreshments for everyone who will be working on the project, all on Saturday, December 7, 2002, from 5:30 a.m. until the house is completed that day. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilman Spiegel ABSENT. B. CONSIDERATION OF AN APPEAL OF PROVISIONS OF PLANNING COMMISSION APPROVAL OF PLANNING CONDITION NO. 9 OF PLANNING COMMISSION RESOLUTION NO. 2160 AS IT RELATES TO TENTATIVE TRACT MAP NO. 30738 (GHA Paloma Group, LLC, Applicant/Appellant). Associate Planner Francisco Urbina reviewed the staff report , noting that when the Planning Commission approved the applicant's 94-lot subdivision on October 1, 2002, it did not have the benefit of seeing full -color elevations or a plotting plan for the tract. The Commission, therefore, approved the tract map with the standard R-1 Zone development standards. The purpose of tonight's appeal was to amend Planning Commission Condition of Approval #9 with respect to front yard setbacks, maximum height limits, and combined side yard setbacks. He said the project site was zoned PR (Planned Residential), and the Zoning Ordinance allowed averaging of front yard setbacks by up to 25% as long as there is a 20-foot minimum front yard average setback maintained. The applicant's tract map did comply with that. With respect to the 20-foot height limit being requested by the applicant, that is also not an issue given that the applicant's designs have hip roofs, and only a small portion of those hip roofs would extend above the 18-foot typical height limit found in the R-1 Zone. In addition, the PR Zone had a maximum height limit of 24 feet specified. With regard to reduction of combined side yards from 14 feet to 12 feet, this would only apply to 16 of the 94 lots that have a width of 70 feet. The applicant is requesting reduction to 12 feet and 13 feet to accommodate his models to meet market demand. He noted that 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Architectural Review Commission had reviewed the plotting plan for the subject map and the proposed models and gave preliminary approval. He said the intent of the PR Zone was to allow flexibility in development standards by encouraging innovative and imaginative design. He said staff believed that the superior architecture of the proposed homes, the variety of color palettes, varied setbacks to enhance the streetscapes, and the applicant's desire to have flexibility in meeting market demands for plotting certain models on certain lots justified the applicant's appeal. Staff recommended that Council waive further reading and Resolution No. 02-147 granting the appeal and amending Planning Commission No. 2160 Condition of Approval No. 9 as it relates to Tentative Tract Map No. 30738, which will amend the required side yard setbacks from 14 feet combined to 12 feet combined for 16 lots, amending the 20-foot front yard setbacks to 20-foot average with a 16-foot minimum, and increasing the maximum allowable height from 18 feet to 20 feet. Councilman Crites asked if staff was suggesting that if the Planning Commission had seen this, it might have acted differently, and Mr. Urbina agreed. Councilman Crites asked why staff was not recommending that the matter be returned to the Planning Commission. Mr. Urbina said he felt the applicant would probably not want to be delayed by having to wait for another Planning Commission meeting if the Council can grant his appeal tonight. Councilman Crites asked whether this set of appeals resulted in any units that are larger in square feet. Mr. Urbina responded that there would be no change to the floor plan square footage for any of the models. He added that there were only 16 lots affected by the combined side yard setback request. He noted that the applicant was entitled to apply for a maximum of 5.0 dwelling units per acre based on zoning and the General Plan; however, his density with this project was substantially below that at 3.2 dwelling units per acre with 9,000 square -foot minimum lots. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. MARIO GONZALES, applicant and developer of the property, 28-561 Avenida Deosa, Cathedral City. He said the most important thing was that they did not want to compromise any type of quality or sacrifice any type of issues in order to have this appeal granted. He added that it was most important to maintain strong curb appeal. Although they had not been able to provide the Planning Commission with the proper documents normally submitted, they had subsequently gone to the Architectural Review Commission, which had been able to review all of the documents and had then endorsed the project. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Councilman Ferguson asked if the applicant would have any problem making sure the Planning Commission concurred with the Architectural Review Commission on the new information. Mr. Gonzales responded that his organization had just purchased the property and had just taken ownership approximately a week ago. Although this was a timing issue for them, he said they were always willing to work with all levels of the City. Councilman Ferguson said it was a timing issue for him as well. He said when the majority of the Planning Commission says no to something and then Architectural Review Commission overturns them on the basis of new information, and he does not have Minutes in his report so he can read what the Planning Commission concerns were to tell whether or not they were met, he felt it would be a slap in the face to the Planning Commission for the Council to agree with the Architectural Review Commission without at least allowing the Planning Commission have the same benefit as Architectural Review. Councilman Crites said his first reaction was to deny this because what he sees are taller buildings and shrinking yards. He said it often seemed to be that, in the name of architecture, things get bigger, yards get smaller, and open space diminishes. Mr. Gonzales noted that they had also accommodated several issues in respect to the stacking issue for the school district. He said they had lost some property against their northern boundary at the south side of Hovley; in addition, at the corner of Portola and Hovley, they had provided a deceleration lane which would hopefully help mitigate some of the problems experiencing at the school in that location. They had also solved some issues with the Chaparral Country Club people in putting a signal light out front, which had been a real issue with them, and the developer would be absorbing 100% of that cost. He said he did not really want this matter sent back to Planning Commission if the Council could approve it now. Councilman Ferguson said that everything he had seen so far looked good, the staff recommendation made perfect sense, and the developer was really seeking to meet the needs of all the folks. Yet he wondered why three Planning Commissioners voted against the project, and he did not have the Minutes of that meeting so that he could read why they did so. He said he felt it would be an easy thing for the developer to go back and make his presentation to the Planning Commission. Mr. Drell said the significant delay that would normally occur would be because the public hearing would have to be re -noticed. If, as part of this 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 action, the Council would delegate back to the Planning Commission without hearing, the matter could probably be placed on the next Agenda for consideration, and the next meeting was on Tuesday. If the Planning Commission approves the project, the matter is over; however, if it denies the project, the developer could come back to the Council at the next meeting. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Ferguson moved to, by Minute Motion, refer the appeal back to the Planning Commission for final disposition, subject to appeal process available to the Appellant, if necessary. Motion was seconded by Crites and carried by a 3-0 vote, with Mayor Pro-Tem Benson and Councilman Spiegel ABSENT. C. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, APPROVING A PRECISE PLAN OF DESIGN/CONDITIONAL USE PERMIT, INCLUDING A PARKING LOT, FOR A 2,000 SQUARE FOOT CHURCH FACILITY ON THE NORTH SIDE OF ALESSANDRO DRIVE BETWEEN SAN JOSE AND SAN JACINTO AVENUE, 73-900 ALESSANDRO DRIVE Case No. PP/CUP 02-07 Amendment #1 (Pathfinder Community of the Risen Christ Church, Applicant) (Robert King, Appellant). Mr. Drell reviewed the staff report in detail, noting that this matter was before the City Council previously and was referred back to Planning Commission to try to resolve issues with the neighbors. One issue was location of the building on the site, and there was objection to the possible evening activities that would be disturbing. The applicant had moved the building, it would be set back as a residence would be, and the impact of the building would be no different than if a house was there, and the activity area would now be on Alessandro. To address the second issue, the applicant secured a long-term lease of two parcels to the east by which they have now produced a parking lotto provide 100% of their ordinance -required parking on -site. He said there was some direction from the Planning Commission that the parking area directly adjacent to the residence not be utilized at night and only be utilized on Sunday. Staff's suggestion was to eliminate that parking altogether since there was plenty of parking on the street to replace those four spaces, and that could produce a significant buffer between that parking lot and those residences. Councilman Crites and Mayor Kelly asked if a cul-de-sac could now be included since there is now this additional parking. Mr. Drell responded that there would now be room to construct a cul-de-sac. Councilman Crites said the City had indicated it would do that for the neighbors, and he felt the City should follow through with that. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Mayor Kelly declared the public hearing open and invited testimony. MR. ROBERT KING, resident of 44-841 San Jacinto and owner of 44-855 San Jacinto, asked that the Council deny this Conditional Use Permit. He briefly reviewed his letter of November 4, 2002. MR. CHARLES MARTIN, 73-733 Highway 111, Palm Desert, stated that the Fire Department wanted the City to put in a 90-foot diameter cul-de-sac, while the City was planning to put in a 60-foot diameter cul-de-sac. Mr. Drell stated that a cul-de-sac would be provided to handle normal traffic, and there would still be the crash gate for the Fire Department. Mr. Martin noted that Mr. King's letter indicated the proposed 2000 square foot building would be the largest building on San Jacinto; however, the footprint of any of the homes in the neighborhood, including the overhangs and garages, would be equal to or larger than the church. With regard to the Religious Land Use Act as noted by Mr. King in his letter, the building would really not be able to mate in with the residential neighborhood because it is an old neighborhood. This is a new building, which will have sprinklers in it, and it would match up more with what is being built on Alessandro than with what is in the neighborhood. He added that this would not be a 24/7 operation (24 hours a day, seven days a week). He noted that the four spaces staff was recommending be eliminated were not actually adjacent to the King resident; in fact, there was one more lot to the north. With regard to the cul-de-sac and the traffic coming down and turning, he said Father Ned Reidy of The Neuman Center and some of the parishioners spent time from 8:00 a.m. to 5:00 p.m. on November 12th just monitoring the street to see how much traffic came down the street. The only vehicle they saw that day was Mr. King arriving back at his home at 12:00 and leaving at 12:30. Mr. King said he had noted the church monitoring the street, and there had been at least seven or eight different vehicles come through while he was out working in his yard. With regard to the lot between his home and the proposed development, he said his mother lived in that house and had sent a letter to the City in opposition to the building. MRS. WYNEMA KING, 44-841 San Jacinto, and expressed concern with the impact of the proposed church on the traffic in the area and the evening and weekend activities. NED REIDY, 73-850 Fairway, Palm Desert, spoke as the applicant and said they had a good record of not being rowdy, intensely noisy, etc. He said he felt they had secured more than adequate connected parking for the facility and had done what the Council had asked them to do. If approved, he said 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 they would be very contributing, genteel, courteous neighbors and would enhance the neighborhood, with interaction between the neighbors and the church. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Crites said he had long admired the work of the Neuman Center; however, he understood how the neighbors would feel having had their homes for such a long time. If he felt this would have a negative impact, he would vote against it. He said the City did not promise when it built the building across the way that it would do a cul-de-sac; the City would put in a 60-foot cul-de-sac, and there would be crash gates at the end for the Fire Department. He liked the idea of eliminating the four stalls that are closest to the adjacent property. He noted that he had recently taken a walk by the churches that are closest to his property to listen to some evening activities taking place inside, and from the outside one would not be able to tell from a noise standpoint that something was going on. He did not feel this proposed church would cause a lot of noise in the evenings and did not feel this would have long-term deleterious impacts on the lives of the neighbors. Councilman Ferguson agreed and said he felt the church had done everything expected of it. He felt the cul-de-sac was an issue of good planning so that people are able to turn their cars around to get out of a neighborhood without having to go into someone's driveway. He said he did not feel the Kings were going to be impacted by this development; however, if they are, the City could call the developer in and modify the conditions of approval if there is a problem because this is a Conditional Use Permit. He noted that the purpose of these hearings was to try and bring neighbors to some closure with their adjoining property users, and he would hate for there to be an edge or a hardness with the Kings or the church as a result of this process. He asked that everyone go into it with a good attitude, see if it works, and if it does not, the City will go back and fix it. Mayor Kelly said two important issues for him were the cul-de-sac and providing the parking. He concurred with his colleagues. Councilman Ferguson moved to, by Minute Motion, deny the appeal and affirm the Planning Commission action, approving PP/CUP 02-07 Amendment #1, subject to elimination of the four parking spaces adjacent to the King residence and with direction to include a condition that the Applicant provide a cul-de-sac on the street. Motion was seconded by Crites and carried by a 3-0 vote, with Mayor Pro-Tem Benson and Councilman Spiegel ABSENT. 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Councilman Crites asked if since the meeting held about a month ago, the City Manager's Office had received any responses from the Palm Springs Unified School District regarding their attempt to acquire school sites in the City of Palm Desert. Upon Mr. Ortega's answer that none had been received, Councilman Crites asked that staff inquire about same, as appropriate. 2. Councilman Ferguson asked, with regard to the action to schedule a Study Session regarding Committee/Commission issues, that staff schedule it prior to the next regular Council Meeting in order to provide direction in the upcoming process of interviewing/appointing new members. Mrs. Klassen noted that a Study Session was already scheduled for 2:00 p.m. on December 12 with Palm Desert High School students who participated in the League of California Cities' Annual Conference. Mayor Kelly commented that he preferred not to have a Study Session on the same day as a Council Meeting. Councilman Ferguson agreed and then asked that staff schedule the Study Session for a specific day/time other than 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING NOVEMBER 14, 2002 Council Meeting day but prior to the interviewing of any applicants for Committee/Commission service. o City Council Committee Reports: None o City Council Comments: 1. Mayor Kelly noted from the November 5 Election that Measure "A" passed overall by about 69%; in Palm Desert it passed by 72.4%. However, he observed that the Cities of Coachella (81 %) and Indio (75.4%) passed the Measure by even higher amounts. XIX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 6:45 p.m. Motion was seconded by Ferguson and carried by a 3-0 vote, with Mayor Pro-Tem Benson and Councilman Spiegel ABSENT. ATTEST: RA HELLE D. ' AS , CITY CLERK CITY OF PALM DESERT, CALIFORNIA RICHARD S. RELLY, MAYOR 31