Loading...
HomeMy WebLinkAbout2002-09-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 2002 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Kelly Convened the meeting at 3:05 p.m. II. ROLL CALL Present: Mayor Pro-Tempore Jean M. Benson Councilman Buford A. Crites Councilman Jim Ferguson arrived at 3:25 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 Robert W. Hargreaves, Deputy City Attorney Rachelle D. Klassen, City Clerk Homer Croy, Acting ACM for Development Services Justin McCarthy, ACM for Redevelopment Amir Hamidzadeh, Acting Director of Building & Safety Paul S. Gibson, Director of Finance/City Treasurer Teresa La Rocca, Director of Housing Robert P. Kohn, Director of Special Programs Mark Greenwood, Engineering Manager III. ORAL COMMUNICATIONS - A None IV. ADJOURN TO CLOSED SESSION With Council concurrence, Mayor Kelly adjourned the meeting to Closed Session at 3:06 p.m. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Ken Weller v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 025659 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney V. RECONVENE REGULAR MEETING - 4:00 P.M. Mayor Kelly reconvened the meeting at 4:04 p.m. A. REPORT ON ACTION FROM CLOSED SESSION. City Attorney Erwin reported that on a 4-0 vote (Councilman Ferguson ABSENT), the City Council approved Change Order No. 1 to Contract No. C19230-C for golf course sand. VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson VII. INVOCATION - Mayor Pro-Tempore Jean M. Benson VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATIONS DECLARING THE MONTH OF OCTOBER 2002 AS A FIRE PREVENTION AND "MINI MUSTER MONTH" IN THE CITY OF PALM DESERT. Proclamations were presented to the Riverside County Fire Department/California Department of Forestry and Fire Protection, Palm Desert Historical Society, and Desert Sands Unified School District. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 B. PRESENTATION TO RECOGNIZE TIM BARTLETT FOR HIS SERVICE TO THE CITY OF PALM DESERT AND ITS ART IN PUBLIC PLACES COMMISSION. Mayor Kelly presented an engraved crystal clock to Mr. Bartlett for his four years of service on the Art In Public Places Commission. C. PRESENTATION OF REPORT ON ACTIVITIES OF THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BY THE CITY'S APPOINTED REPRESENTATIVE, ART MC KAY. Mr. McKay reported that he was currently the Secretary/Treasurer of the District, which was primarily concerned with public health and elimination of rodents and insects that were capable of transmitting diseases. The District has a budget of $2.7 million, with investments of $5.3 million and presently employs 37 full-time and 10 seasonal employees. With regard to West Nile Virus, the District's general manager and staff are confident that they have a sufficient budget available to address the matter should it appear in the Coachella Valley. In Palm Desert, monitor chickens are located at the sanitation district property. Mayor Kelly suspended the agenda at this point in order to consider Item XVII - Public Hearing A. Please see that portion of the Minutes for Council discussion and action. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 22, 2002. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 38, 41, 44, 45, 49, 52, 55, 59, 61, 65, 66, 67, 54PD Office Complex, 58PD Office Complex, and 70PD Office Complex. Rec: Approve as presented. C-1. CLAIM AGAINST THE CITY (#483) by Charles & Linda Garbarini in the Amount of $2,000,000. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimants. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 C-2. CLAIM AGAINST THE CITY (#4841 by Carolyn Cross in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. C-3. CLAIM AGAINST THE CITY (#485) by Sherry Kovas in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. C-4. CLAIM AGAINST THE CITY (#486) by Norman Strom in the Amount of $908.00. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. C-5. CLAIM AGAINST THE CITY (#487) by Aja Keblis in the Amount of $123.00. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. C-6. CLAIM AGAINST THE CITY (#488) by Christine De Monaco 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 MANAGEMENT SUMMARIES for the Month Ending June 30, 2002 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E. MINUTES of City Committee and Commission Meetings. 1. Housing Commission Meeting of July 10, 2002. 2. Investment & Finance Committee Meeting of June 26, 2002. Rec: Receive and file. F LETTERS OF RESIGNATION from Rick Post from His Positions on the Promotion Committee and the Citizens' Advisory Committee for Project Area No. 4. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Rec: Receive with very sincere regret. G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Landscape and Irrigation Installation at Sandpiper on El Paseo and Highway 74 (Contract No. C20350). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REQUEST FOR APPROVAL of a Maintenance Assessment of the City's Public Art Collection (Contract No. C20360). Rec: By Minute Motion: 1) Concur with the recommendation of staff to approve a contract with Sculpture Conservation Studio, Los Angeles, California, to conduct the subject assessment and to develop and negotiate a new maintenance agreement when the assessment is completed and reviewed; 2) authorize the expenditure of $3,020 for the subject contract — funds are available in Account No. 436-4650-454-3372. I. REQUEST FOR APPROVAL of an Agreement for Traffic Signal Energy and Maintenance Costs for the Intersection of Monterey Avenue and Shadow Ridge Road (Contract No. C20370). Rec: By Minute Motion, authorize the Mayor to execute the agreement with Shadow Ridge Master Association, Palm Desert, California, for the maintenance and energy costs associated with the traffic signal and safety lighting. J. REQUEST FOR APPROVAL of Contract for Completion of Phase One (Master Plan and Cost Estimate) of the Palma Village Neighborhood Park (Contract No. C20380). Rec: By Minute Motion: 1) Appropriate $23,060 for completion of Phase One (master plan and cost estimate) of the Palma Village Neighborhood Park — funds are available in Parks and Recreation Fund 430-4649-433-4001; 2) authorize the Mayor to enter into the subject agreement with Community Works Design Group, Riverside, California. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 K. REQUEST FOR AWARD OF CONTRACT for Signal Conductor Replacements at Country Club Drive at Palm Valley; Monterey Avenue at Parkview; and Town Center Way at Hahn (Contract No. C20390). Rec: By Minute Motion, award the subject contract to Signal Maintenance, Anaheim, California, in the amount of $27,687, for the subject signal conductor replacements. L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C20140 B Highway 74 Utility Undergrounding. Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $41,862.19 to the subject contract with Herman Weissker, Inc., Bloomington, California, for additional work needed on the Highway 74 undergrounding project and authorize the Mayor to execute same; 2) authorize the Director of Finance to transfer said funds from the project contingency to the base contract. M-1. REQUEST FOR APPROVAL of Final Tract Map 29555 (ABD Palm Desert 118, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 02-107, approving the Final Subdivision Map of Tract No. 29555. M-2. REQUEST FOR APPROVAL of Final Parcel Map 30042 (American Realty Trust, Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. M-3. REQUEST FOR APPROVAL of Final Parcel Map 30226 (Palm Desert Redevelopment Agency, Applicant). Rec: Waive further reading and adopt Resolution No. 02-109, approving Parcel Map 30226. M-4. REQUEST FOR APPROVAL of Final Parcel Map 30624 (Edgehill Estates, LLC/World Development, Applicant). Rec: Waive further reading and adopt Resolution No. 02-110, approving Parcel Map 30624. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 N. REQUEST FOR AUTHORIZATION to Grant Easement to Southern California Edison for Underground Electrical System for 72-275 Upper Way West. Rec: By Minute Motion, authorize the Mayor to execute the subject Grant of Easement to Southern California Edison. O. REQUEST FOR APPROVAL of Identification Signage at the Palm Desert Community Garden (Contract No. C20400). Rec: By Minute Motion: 1) Authorize appropriation of funds in an amount not to exceed $10,000 from Account No. 231-4546-454-4001; 2) authorize the expenditure of said funds for identification signage for the Palm Desert Community Garden. P. REQUEST FOR AUTHORIZATION to Utilize FY 2001/02 City/County Beverage Container Funds for College of the Desert Beverage Recycling Program. Rec: By Minute Motion: 1) Authorize appropriation of FY 2001/02 funds in the amount of $12,009 to Account No. 110-4132-411-3090; 2) authorize expenditure of said funds for the subject program. Q. REQUEST FOR DECLARATION of Surplus Property and Disposal. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. R. REQUEST FOR AUTHORIZATION for Closure of El Paseo on February 21 and 23, 2003, for the Third Annual Palm Desert Games. Rec: By Minute Motion, authorize the Coachella Valley Recreation and Park District (CVRPD) to close El Paseo from 5:00 a.m. to 8:30 a.m. on February 21 and 23, 2003, to stage a 5K and 10K Run, respectively, as an activity in conjunction with the Third Annual Palm Desert Games, a sanctioned Senior Olympics Event. S. REQUEST FOR APPROVAL of Workspace Area for League of California Cities' Grassroots Coordinator. Rec: By Minute Motion, approve the League of California Cities' Grassroots Coordinator to use a workspace area located within the Development Services department. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 T. REQUEST FOR APPROVAL of the Purchase of Two Automatic External Defibrillators. Rec: By Minute Motion, approve the purchase of two Automatic External Defibrillators (AEDs), wall mounts, and associated accessories for the Palm Desert Civic Center in the amount of $6,360, including training for up to 30 employees. U. REQUEST FOR RATIFICATION of Out -of -State Travel for the Risk Manager's Attendance at the Organization Resources Counselors (ORC) Occupational Safety and Health Symposium. Rec: By Minute Motion, ratify approval of the subject out-of-state travel for the Symposium held August 6-7, 2002, in Washington, DC. V. INFORMATIONAL ITEMS: 1. Report on Drainage/Standing Water on Rutledge Way, East of Portola Avenue. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 2. Status of Permanent Barricades at Mountain View/Delaware Place. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 3. Policy for Issuance of Temporary Use Permits for Used Car Sales. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilman Spiegel asked that Items G, M-2, Q, and V-3 be removed for separate consideration under Section XI, Consent Items Held Over. Mayor Kelly asked that Items V-1 and V-2 also be removed for separate consideration. Upon motion by Crites, second by Spiegel, the remainder of the Consent Calendar was approved as presented by a 5-0 vote of the Council. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 XI. CONSENT ITEMS HELD OVER G. REQUEST FOR AUTHORIZATION to Advertise and Call for Bids for the Landscape and Irrigation Installation at Sandpiper on El Paseo and Highway 74 (Contract No. C20350). Councilman Spiegel said it was his understanding that the City's portion of this landscaping was the front small part, and there was landscaping that needed to be done in back of that and up Highway 74. He asked if there were any plans for that to be done and if staff could get information to the Council as to when Sandpiper plans to do its portion. Councilman Spiegel moved to, by Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. Motion was seconded by Ferguson and carried by a 5-0 vote. M-2. REQUEST FOR APPROVAL of Final Parcel Map 30042 (American Realty Trust, Applicant). Councilman Spiegel stated that this related to property along the Union Pacific railroad tracks, Gerald Ford Drive, and Cook Street. He said it was his understanding this was part of the new General Plan, and he asked if it was appropriate for the Council to vote on this matter at this time. Councilman Ferguson said his understanding was that a final map was almost an administerial function, and all the tentative phases are when debate took place. Mr. Hargreaves stated that once the tentative map has been approved and the improvements have been made, the final map is essentially an administerial act. Upon question by Councilman Crites as to why this matter is on the agenda if the Council does not have anything to say on this, Mr. Hargreaves said that the Government Code requires City Council approval. Councilman Ferguson stated that staff is recommending approval; therefore, the developer must have done everything he was supposed to do. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-108, approving the Final Subdivision Map of Parcel Map 30042 and approving the agreement relating thereto. Motion was seconded by Ferguson and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Q. REQUEST FOR DECLARATION of Surplus Property and Disposal. Councilman Spiegel stated that the staff recommendation was that the Council declare items as surplus property and make a recommendation as to the direction to proceed by selecting one of the options listed. He said the options included selling the property, donating it to a non-profit organization, donating to an educational or vocational facility specializing in repair and maintenance of this type of equipment, or disposal of the equipment. Mr. Gibson stated the staff report should have stated that one of these options will be utilized by staff in disposing of the equipment, and Council did not have to make that decision unless it so wished. Mayor Pro-Tem Benson stated that some other surplus computers had been donated to the Riverside County Library, and she would like to see if they still needed additional equipment. Mr. Gibson noted there was also a school teacher who converts these computers and then gives them to kids who cannot afford to purchase computer equipment. Councilman Spiegel moved to, by Minute Motion, declare the list of items on Exhibit "A" of the accompanying staff report as surplus and authorize its disposal. Motion was seconded by Ferguson and carried by a 5-0 vote. V. INFORMATIONAL ITEMS: 1. Report on Drainage/Standing Water on Rutledge Way, East of Portola Avenue. Mayor Kelly said it was his understanding this report was the result of a constituent who spoke with him, and he wanted to make sure that constituent's gutters are being taken care of. Mr. Croy responded that each complaint is taken care of as it comes in, but overall this will be a long-term problem that needs to be looked at as a total fix to try and alleviate these partial cleanups. Mayor Kelly requested that this matter be placed on the Agenda as a regular item with a report from staff so that he can call the constituent and inform him what the City will do and how much it will cost. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Mayor Kelly moved to receive and file this report, with the understanding that a report and recommendation for a specific project be placed on the September 26, 2002, Council Meeting Agenda for action. Motion was seconded by Spiegel and carried by a 5-0 vote. 2. Status of Permanent Barricades at Mountain View/Delaware Place. Mayor Kelly said he wanted to make sure he was able to get back in touch with the person who contacted him to give him an answer as to where we are on this project. Mr. Ortega stated that the Council had previously given direction to staff to proceed to make these barricades permanent. Councilman Ferguson stated that this issue was before the Council about a year ago, and the Council voted to build permanent barricades. He said he would like to know when completion is expected. He further questioned whether residents had been consulted on the design of this permanent closure or been shown conceptual drawings or been involved in the process. Senior Management Analyst Martin Alvarez responded that staff was in the process of getting those details and would be involving the residents in the immediate neighborhood. Mayor Kelly moved to receive and file this report, with the Council to be provided with information on the project's estimated completion. Motion was seconded by Ferguson and carried by a 5-0 vote. 3. Policy for Issuance of Temporary Use Permits for Used Car Sales. Councilman Spiegel noted that on Labor Day, there were two used car lots in the City with temporary chain link fencing going around them, lights going up into the sky at night, and with signs throughout the City indicating the sale was going on. He said the Council now had a note from Mr. Drell indicating that based on what the Council had approved, the Community Development Department could permit the use of sales for ten days per calendar year per site. He said with ten or twelve sites in the City, that would mean approximately 120 days worth of used car sales, which he felt looked tacky. Last year's two events produced Tess than $20,000 in revenue for the City, and he did not feel these events did anything for the City. He said he felt the current policy was too lax, and he would like to see staff come up with a new policy that is more limiting or a recommendation to eliminate them altogether. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Councilman Ferguson agreed that the policy should be looked at. He said a decision was made, albeit indirectly through the General Plan, that the Council did not want automobile dealerships in Palm Desert. Mayor Pro-Tem Benson agreed that there needs to be a better policy, at least with regard to the lights at night and the fencing. Councilman Spiegel moved to eliminate used car lots in the City. Councilman Ferguson suggested that the General Plan Advisory Committee look at this and make a recommendation. Councilman Ferguson offered an amendment to the motion to refer the matter to the General Plan Advisory Committee (GPAC). Councilman Spiegel agreed with the amendment. The motion was seconded by Ferguson. Mayor Kelly suggested a moratorium on issuance of Temporary Use Permits in the interim. Councilman Spiegel and Councilman Ferguson agreed with this amendment, and the motion carried by a 5-0 vote. For clarification purposes: Councilman Spiegel moved to refer this matter to the General Plan Advisory Committee (GPAC) and place a moratorium on issuance of Temporary Use Permits in the interim. Motion was seconded by Ferguson and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 02-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NO. 81-133, REGARDING PROPERTY TAX REVENUE SHARING BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO CITY ANNEXATIONS. Mr. Ortega noted that adoption of this resolution meant that every time there is an annexation, the City of Palm Desert will have to negotiate property tax revenue sharing with the County of Riverside specifically for that annexation. Councilman Ferguson asked why the Council was being asked to change a long-standing policy. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Mr. Ortega responded that with the current resolution, the City received 25% of the County levy automatically every time there was an annexation. It was felt that 25% might not be appropriate, and staff would rather look at issues such as how much it would take to reimburse the City and request more than 25% from the County. Councilman Spiegel moved to waive further reading and adopt Resolution No. 02-111. Motion was seconded by Benson and carried by a 5-0 vote. B. RESOLUTION NO. 02-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2014. Councilman Ferguson moved to waive further reading and adopt Resolution No. 02-112. Motion was seconded by Spiegel and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1017 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 2.20, 2.34, 2.60, 2.64, 2.68, AND 2.72 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ORDINANCE NOS. 99, 390, 553, 861, 875, 899, 900, AND 935) RELATIVE TO COMMITTEE/COMMISSION MEMBER REQUIREMENTS. Mayor Kelly noted the addition of language to Section 2.34.020 relative to excused absence, "...or such other reason determined to be reasonable by the respective committee/commission." He said he felt this was something that the City Council rather than the committee or commission should make a determination as to whether or not a member's absence is excused. Councilman Spiegel suggested that it read, "...or such other reason determined to be reasonable by the City Council." Councilman Crites asked if this would mean an absence from a committee or commission meeting would have to appear on a City Council Agenda for a decision as to whether or not it is excused. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Councilman Ferguson expressed concern that committees and commissions are not meeting as often, and that line of communication from the committees and commissions to the City Council is not as strong as it once was. He said he would like to look at all of the issues with regard to this ordinance. Councilman Spiegel moved to continue the matter and appoint Councilmen Crites and Ferguson as a subcommittee to further review the issues involved. Motion was seconded by Benson and carried by a 5-0 vote. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA ENERGY COALITION, A CALIFORNIA NON-PROFIT AGENCY (CONTRACT NO. C20410). Councilman Spiegel moved to: 1) Waive further reading and adopt Resolution No. 02-113, authorizing the City to enter into a Memorandum of Understanding (MOU) with the California Energy Coalition; 2) by Minute Motion, approve the subject MOU with the California Energy Coalition to enter into the Six Cities Project; 3) by Minute Motion, authorize the City Manager to execute the MOU on behalf of the City of Palm Desert. Motion was seconded by Crites and carried by a 5-0 vote. XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CONTRACT AMENDMENT FOR ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE FRED WARING DRIVE WIDENING PROJECT (CONTRACT NO. C18260). Councilman Crites moved to, by Minute Motion, approve a contract amendment in the amount of $69,086 to the subject contract with Tetra Tech, Inc., for construction management services, engineering support services, and additional construction survey and construction observation on the subject project B funds are available in FY 2002/03 Capital Improvement Program Budget for this project (Account No. 400-4384-433-4001). Motion was seconded by Ferguson and carried by a 5-0 vote. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 B. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO THE CONTRACT FOR FRED WARING DRIVE WIDENING PROJECT IMPROVEMENTS (CONTRACT NO. C19800). Mayor Pro-Tem Benson moved to, by Minute Motion, approve Change Order No. 1, which grants a 10-day contract extension to the subject contract with Granite Construction Company, Indio, California, for construction of the roadway improvements on Fred Waring Drive between San Pablo Avenue and Deep Canyon Road. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING. C. REQUEST FOR AUTHORIZATION TO DEMOLISH THE CITY -OWNED IMPROVEMENTS AT 44-630 PORTOLA AVENUE (APNs 625-062-015; 627-062-016). Development Manager Laurie Aylaian requested that this item be continued. She noted that after the staff report was prepared and submitted and after the Agenda was prepared, an offer was received on the property that staff would like to investigate further. Councilman Crites moved to continue this matter in order for staff to review the offer just received for the property. Motion was seconded by Spiegel and carried by a 5-0 vote. D. CONSIDERATION OF WESTFIELD SHOPPINGTOWN PROJECT UPDATE AND APPROPRIATION OF FUNDS FOR PARKING STRUCTURE. Mr. Ortega noted the staff report in the packets. He said staff was satisfied that sufficient progress has been made in the conditions of the agreement. Councilman Spiegel moved to, by Minute Motion: 1) Receive and file the project update for Westfield Shoppingtown Palm Desert; 2) appropriate $10 million for construction of the parking structure. Motion was seconded by Ferguson and carried by a 5-0 vote. Councilman Ferguson questioned the public art aspect of the structure. MR. DAVE HOKANSON, 11601 Wilshire Blvd., stated that Westfield had prepaid fees to the City in order to move the construction forward. He said they had yet to define the art in public places aspect of the structure. Mayor Kelly noted that he had spoken to a constituent recently who indicated he had been somewhere where the entrance to the parking structure had an informational sign that indicated how many vacancies there were in the structure. He asked if this had been considered. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 MR. HOKANSON responded that he had seen such a sign in other projects, and they were usually for fairly large and complex parking structures. He agreed to look into this matter. XVII. PUBLIC HEARINGS A. CONSIDERATION OF APPROVAL OF THE PRE -ZONING OF PALM DESERT GREENS, LOCATED ON THE NORTH SIDE OF COUNTRY CLUB DRIVE AND EAST SIDE OF MONTEREY AVENUE, PR-5 (PLANNED RESIDENTIAL, FIVE DWELLING UNITS PER ACRE) FOR THE PURPOSE OF FACILITATING ANNEXATION OF THE AREA TO THE CITY OF PALM DESERT AND APPROVE A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PERTAINING THERETO AND PLAN FOR SERVICES FOR THE AREA TO BE ANNEXED Case No. C/Z 02-03 (Palm Desert Greens Association, Applicant). Councilman Ferguson stated that he would not be participating in the Council decision relative to this public hearing because of his representation of Suncrest Country Club. Mr. Ortega clarified that the issue before the Council was not whether the City is in favor of or opposed to the annexation. He said the City of Palm Desert was not the proponent for this annexation, and it was a long-time policy that the City of Palm Desert does not seek annexations and will only respond when property owners and/or residents of an area wish to annex into the City. A group of residents at Palm Desert Greens are the applicants, and that application was not complete at this time. He said there were three of several steps required by LAFCo, including a proposed plan of services, a preannexation zoning of the property, and completion of the CEQA process. Once LAFCo determines the application is complete, it will be the conducting authority for the annexation process. At that point, LAFCo will have a protest hearing and, if necessary, a ballot election of the residents of the area proposed to be annexed. LAFCo will then determine whether the annexation is approved or denied. Councilman Crites questioned financial impacts to the City and how property taxes will be allocated to the City and/or County. He said he would like to know this information prior to his voting on the prezoning. Planning Manager Steve Smith responded that if the Council so directs, staff will contract with a consultant to do a fiscal impact analysis. Councilman Spiegel stated that it has been the Council's position in the past that unless it makes sense financially, property will not be annexed 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 into Palm Desert. He agreed with Councilman Crites and said he would need the financial information prior to making a decision. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. VERNA SMITH, President of the Board of Directors of Palm Desert Greens Country Club, 73-687 Cabazon Park, Palm Desert, read a prepared statement in favor of annexation into Palm Desert. RICHARD UNITAN, Annexation Chairman for the Suncrest Country Club and Vice President of the Suncrest Homeowners Association, said the residents of Suncrest were overwhelming in support of annexation to Palm Desert. He said this would improve public services for residents of both Palm Desert Greens and Suncrest, and it made sense from a boundary point of view to annex into Palm Desert. EMMA DOE, 39-326 Moronga Canyon Drive, Palm Desert, Chairman of the Annexation Committee in Palm Desert Greens. She said her committee had collected in excess of 1,000 signatures in favor of annexation, and there were many people who had not yet been contacted. They had sufficient signatures necessary to establish the application for annexation. She said there was no good reason for them to remain an island and every reason for them to be a part of Palm Desert. PEARL SHAPIRO, 39-831 Black Mesa Lane, said it cost residents anywhere from $100 to $1,000 for their share of costs when using the ambulance service (AMR) depending on services needed. Annexing into Palm Desert would allow residents to use the County Paramedics instead of private ambulance. She noted she had many letters from residents regarding use of AMR for ambulance service. JACK EDELMAN, Suncrest Country Club, Space #35, spoke in favor of annexation. MONTE POST, 73-248 Cold Springs Way, said he would like to see a cost/benefit ratio as to what it will cost residents and what services will be provided. As far as ambulance service, he said he had called emergency services over seven times in the last two years for his 92-year-old mother, and he had a response of five minutes or Tess each and every time. He also had not had to pay anything to have her transported to Eisenhower Medical Center in those cases. He expressed concern with monuments placed within Palm Desert Greens in violation of the Subdivision Map Act and the Land Surveyors Act. Another concern was the many coaches in the park which were several feet over the property lines. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 ALICE MORRISON, 73-450 Country Club Drive, #198, read a prepared statement from her daughter, Kathleen Hobb, regarding a negative experience with private ambulance service and in favor of annexation into Palm Desert. VERN MARIO, 39-208 Desert Greens Drive E, said residents of these communities had much to offer Palm Desert, and he did not feel they would be a burden to the City of Palm Desert. ANN MARIO, 39-208 Desert Greens Drive E, also spoke in favor of annexation. PEGGY JACKSON, 73-281 Cold Springs Way, Palm Desert Greens, spoke in favor. FRANK OAKDEN, Palm Desert Greens Country Club, read a prepared statement in opposition to the annexation (on file and of record in the City Clerk's Office). He asked that the City Council postpone any action until the full requirements of LAFCo are totally met. JUDY PATTY, 73-450 Country Club Drive, Space 303, Suncrest Country Club, spoke in favor. TONY RIALLI (spelling), resident of Palm Desert Greens, spoke in opposition. WALTER RICHARDSON, Palm Desert Greens Country Club, read a prepared statement in opposition to the annexation. ELAINE KRAVITZ, Palm Desert Greens, spoke in favor. MR. UNITAN stated that with regard to fiscal impact on the City, both Palm Desert Greens and Suncrest were self-supporting, private communities within their own gates. He noted that petitions that had been circulated would expire in October, and he expressed concern with any further delay with regard to what the City was being requested to do by LAFCo; i.e., the prezoning. He said this was something that needed to go in conjunction with the submission of the petition signatures, and he said this should be in to LAFCo within as short a period of time as possible so they do not have to start over again with the petition and signatures. With no further testimony offered, Mayor Kelly declared the public hearing closed. Councilman Crites questioned the six-month life span of petitions as noted by one of the speakers, and he asked the City Attorney to address that issue. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Mr. Erwin responded that the petitions did have a six-month life span; however, he was not aware of the dates. Councilman Spiegel stated that there would be costs to the residents of Palm Desert Greens and Suncrest to annex into the City of Palm Desert, including paramedic service, costs for LAFCo, etc. He said he would not be happy if he were living in those communities unless he knew what those costs would be. He also asked what it would cost the City of Palm Desert, and he felt there would have to be some negotiations with the County of Riverside as to what part of the real estate taxes paid by those communities would come to the City to pay for things such as the additional police services. He said he was not ready to vote because of these outstanding issues. Councilman Crites said that, per the staff report, the only additional cost to residents would be for paramedic service. With regard to LAFCo fees, he said those would be the responsibility of the applicant. He also felt there should be an assessment of the costs the City would incur as a result of this annexation. He also felt it was important for the City to do what it needed to do before their time runs out. Mayor Pro-Tem Benson agreed that the City had a responsibility to its existing residents to justify the bringing in of approximately 2,000 more people. She also noted that it is not the City of Palm Desert's policy to be rushed into doing something just because someone's time is about to run out, and the City Council would take the time it needed to obtain the information necessary to make a rational decision. Mayor Kelly said in all fairness, he felt the residents had done a lot of work, and he felt the City should exercise due diligence so that they would not have to go through the entire process again. However, he also felt it was important for the Council to have a report that shows how much it will cost to provide the services to the new residents and how much the citizens will have to contribute. He asked for the date the petition will run out, and Mr. Erwin responded that the application was filed on April 11, 2002. Six months from that date would be October 10, 2002. Upon question by Mayor Kelly, Mr. Smith responded that a fiscal impact analysis was done for Suncrest in 1992, which basically showed it could be neutral. Whether or not that would be the same ten years later, he was not sure. However, he said Finance Director Paul Gibson had indicated an analysis could probably be completed in about six weeks. He noted that in talking with the applicant, some of the names were collected in April and some later, so late October would probably still work for them. Upon further question by Mayor Kelly relative to a continuation, Mr. Erwin responded that LAFCo has the ability to grant continuances on many 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 items, although he was not sure whether a continuance could be extended on the signatures. Councilman Spiegel asked whether continuing this public hearing to October 10' would give staff sufficient time to prepare a report relative to the financial impact of the annexation on the City of Palm Desert. Mr. Ortega responded that the Council could authorize staff to expend up to a certain amount to hire a consultant to perform the financial impact analysis, and that way staff would not have to come back to Council for approval. If Council did not wish to hire a consultant, staff could put together some cost figures and submit them to the Council. Councilman Spiegel moved to continue this matter to the meeting of October 10, 2002, with staff authorized as follows: 1) City Attorney to contact LAFCo for potential continuance provisions; 2) staff to obtain a consultant to perform the financial impact analysis; 3) staff to meet with the County to initiate negotiation for tax sharing arrangements to be made. Motion was seconded by Benson and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING. With Council concurrence, Mayor Kelly called a brief recess at 5:23 p.m. and reconvened the meeting at 5:25 p.m. B. CONSIDERATION OF APPROVAL OF A GENERAL PLAN AMENDMENT AND CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (PR-5) PLANNED RESIDENTIAL FIVE DWELLING UNITS PER ACRE TO OFFICE PROFESSIONAL (O.P.), A PRECISE PLAN OF DESIGN ALLOWING UP TO 33,310 SQUARE FEET OF OFFICE PROFESSIONAL USE AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR 3.90 ACRES AT THE NORTHWEST CORNER OF PORTOLA AVENUE AND FRANK SINATRA DRIVE Case Nos. GPA 02-02. C/Z 02-02, and PP 02-06. (NBNA Unique Properties, LLC, Applicant). Councilman Ferguson expressed concern that General Plan Amendments were being done just months prior to the City doing a comprehensive General Plan Update. He asked if this was somehow circumventing the update process. Mr. Smith said he did not feel this was the case. He said the applicant made a presentation to the General Plan Advisory Committee (GPAC), which indicated it did not wish to have this as part of its discussion and that it should be taken through the normal planning process. Mayor Pro-Tem Benson stated that the applicant asked the GPAC what it thought, and the Committee said it was not making any decisions on any 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 parcels of land and that they could go through the process and see what happens. Councilman Ferguson asked if the Committee felt it should wait until the General Plan was updated and not considered individually, and the applicant decided to come through the process. Mayor Pro-Tem agreed that this was the consensus of the Committee. Mr. Smith noted that the application had already been submitted to the City at the time the applicant went to GPAC. Councilman Spiegel asked whether the other subdivisions were noticed that are in the map (Alpine Lane, West College View, East College View). Mr. Smith responded that the end Tots of Alpine Lane received notice, as did Daisy Lane, the lot immediately to the north, the property to the east, the property immediately to the south, and Santa Rosa Country Club. Councilman Ferguson expressed concern with approving office professional on that corner when it is unknown what is going in across the other side of the street. It is unknown what the zoning and mix will be, and he asked how the Council could make a decision without knowing this information through the General Plan process. Mayor Pro-Tem Benson stated that the General Plan Committee at the time it was considered did not want to start on individual parcels for that reason. The Committee then asked the applicant to follow the process. Mr. Smith reviewed the staff report in detail and offered to answer any questions. Mayor Pro-Tem Benson noted that she did not like the name because it inferred that it belonged to the City and Desert Willow. Councilman Crites asked whether the land just to the south that is labeled PC2 could be office professional, and Mr. Smith responded that it could be used for offices. Councilman Crites asked whether this piece of land was the same size as the piece of land just to the west of it — Daisy Lane — which is a residential development. Mr. Smith responded that it was the same. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. ROBERT RICCIARDI, Architect for the project, 75-090 St. Charles Place, Palm Desert, noted that there were several unique things about the 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 residential area this project is in. He said with the houses immediately off of Daisy Lane, 15 are owned by Eisenhower Medical Center and used for people who have some kind of drug addiction. This is not a normal R-1 situation at all, and there will not be a lot of traffic for the residential immediately adjacent to the project. Councilman Spiegel noted that within another year and a half, they will be out of there. Mr. Ricciardi continued that the Planning Commission felt this would be a great project for the City. He said if the City was sincere in trying to mitigate R-1 not being on noisy intersections, this was a great project for that. In addition, he felt it was a great project because the architecture was one of the better ones in the entire desert. He said they were using a lot of imitation stone to make it more residential in nature in character, they tried to keep it low-key, and they tried to keep the intersection nice looking and well -planted. He noted they had gone overboard with the landscaping and the different treatments coming, using the stamped concrete or brick to make it look really good for the City. With regard to rezoning, they were told when they presented the project that they needed to go to GPAC, which they did. With regard to the name, it was chosen so that people would know approximately where the project was located, and the name could be changed. He said the main issues were whether this was a good site for this type of development and whether it would be good for the City. He felt the answer was yes to both questions. Upon question by Councilman Spiegel, Mr. Ricciardi said they were planning a six-foot block wall to the north of the project, and the project would be below what is next to it. He said the neighbors would be looking down on the buildings, but they would be higher, and the project would not impact their views. With no further testimony offered, Mayor Kelly declared the public hearing closed. Mayor Kelly said that approximately 16 years ago, this area was preplanned, with Cook Street, Gerald Ford, Portola Avenue, and Frank Sinatra all main roads in that area, and this was going to be one of the most important intersections out there. He felt all of the corners in that North Sphere should be left open, both to make the entire area look a lot more desirable and to increase the property values. Leaving them open would also allow room to do something in the future if necessary to mitigate traffic problems. He added that he felt the proposed project was too close to the corner. Councilman Ferguson said he did not feel the Council had any business making General Plan decisions months before the General Plan update. He also did not understand why the City had not passed a moratorium six months ago, as developer after developer try to come in with plans and subvert that process. He felt these projects should wait until the General 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Plan update is completed. He noted that he would not vote for a General Plan amendment until he gets a new General Plan to guide him. Councilman Crites agreed with Mayor Kelly relative to open space on the corners. He said if there was a lack of office space in that area, the area right across the street is zones for office space, and offices and/or professional buildings can be built there. He said he found no compelling need to re -zone this land. If the City wants to have better setbacks on that corner, it can be done with whatever zoning happens to be there. Mayor Pro-Tem Benson said she would like to see the General Plan update completed, and the Council can decide later how they want the whole area to be. Councilman Spiegel said he felt this was a nice looking project, and the office professional buildings on the corner of Country Club and Portola looked terrific. The fact that office professional backs up to houses works where it needs to be done. It needed to be done on Fred Waring because no one wanted to live on Fred Waring, and the best thing the Council could do was to find another use for that land while Fred Waring was being widened. That was done by changing it to office professional. However, he said he felt there was no need to do it where this developer wanted to build this project, at least at this point in time. He agreed with waiting for the General Plan update to be completed. MR. RICCIARDI noted that this was a great staff report, and it indicated there was a need for office professional and that it would be a good buffer between the R-1 and a busy traffic area. He said this was something the City was trying to accommodate in its General Plan. Planning staff felt this was a good project because it had in it the types of things the City wants to see at these kinds of corners. Councilman Ferguson stated that the staff, Planning Commission, and Council exercise independent thought on a plan before they review and vote on it. They do not always agree. The City has great staff, it was a great staff report, and it was great architecture. However, the City Council makes the final decision, and it is looking at developing the entire north side of Palm Desert right now. To do one little piece of it without taking into consideration the greater whole did not make sense. Councilman Crites moved to deny the recommendation. Motion was seconded by Spiegel and carried by a 5-0 vote. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 C. CONSIDERATION OF A ZONING ORDINANCE AMENDMENT TO CHAPTER 25.16 (R-1 SINGLE FAMILY RESIDENTIAL DISTRICT) TO CHANGE THE SETBACK FOR FRONT -ENTRY GARAGES FROM 20 FEET FROM GARAGE DOOR TO PROPERTY LINE TO 26 FEET FROM GARAGE DOOR TO CURB FACE Case No. ZOA 02-03 (City of Palm Desert, Applicant). Associate Planner Francisco Urbina reviewed the staff report, noting that the intent of the zoning ordinance amendment was to make it easier for single-family homeowners who do not have two covered parking spaces to be able to construct a garage or add on to a garage. Many older homes in Palm Desert were constructed prior to 1973 and prior to City incorporation, and they had only a one -car garage or carport. The front property line of many of these older homes starts 12 feet back from face of curb, resulting in an effective setback of 32 feet from face of curb to the front of the garage door. Because the footprint of an existing home is set and the area of a front yard constrained, it poses difficulties for existing homeowners who want to upgrade the garage to be able to accomplish that and still meet the City's current 20-foot setback requirement measured from property line. Staff was recommending a 26-foot setback from face of curb to the front of the garage door in order to accommodate the parking of a vehicle in the driveway in front of the garage door while still providing for a six-foot sidewalk and not having a vehicle over hand and obstruct pedestrian circulation on the sidewalk. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and pass Ordinance No. 1021 to second reading, approving Case No. ZOA 02-03. Motion was seconded by Benson and carried by a 5-0 vote. D. CONSIDERATION OF AN AMENDMENT TO CHAPTER 25.25, OFFICE PROFESSIONAL ZONE, AS IT RELATES TO MAXIMUM BUILDING HEIGHT AND HOW BUILDING HEIGHT IS MEASURED Case No. ZOA 02-04 (City of Palm Desert, Applicant). Planning Manager Steve Smith reviewed the staff report, noting that the Planning Commission in July reviewed a proposed two-story office building concept which exceeded the current 25-foot height limit. The Commission was very taken with the architecture of the project and directed staff to come back with an amendment to the O.P. zone which would allow them to approve the project. The Planning Commission then, at its meeting of August 20, 2002, approved the following height exception to read: "The Planning Commission may approve building heights up to 28 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 feet based on a finding that the project incorporates unique design and significant roof elements above and below 25 feet resulting in superior exterior architectural quality." Mr. Smith noted there is a second part to the amendment which is totally removed from that first part, and it applies to large O.P. zoned Tots. The Tots being considered are on the north side of Country Club Drive opposite Desert Springs Resort, where in order to achieve positive drainage, the rear portion of the lots need to be raised. The proposed amendment provides that on large lots where building pads are more than 50 feet from the curb line and 100 feet from adjacent single -story residential lots, the building height will be measured from the prescribed minimum pad height necessary to achieve adequate drainage as determined by the Director of Public Works. Councilman Ferguson asked who would make the determination of "superior architectural quality," and Mr. Smith responded that eventually the City Council would make that decision, although it would start in the Architectural Review Commission. Councilman Ferguson asked if the ordinance amendment would just mean arguments about roof -mounted equipment not being seen from the street, etc. would just be moved up two and a half feet, and he noted two other projects on Fred Waring Drive where Council had granted exceptions. Mr. Smith responded that the amendment specified "unique design and significant roof elements above and below 25 feet...," and neither of the projects noted by Councilman Ferguson had unique structures below 25 feet. Councilman Crites noted that the amendment did not include anything about the City Council making the decision. Mr. Smith responded that everything the Planning Commission does is appealable by the City Council. Councilman Crites stated that the Planning Commission, then, was the decision -making body unless there is an appeal. With regard to the first part of the amendment, he asked if there are places where the City could conceivably end up having residential on whatever the odd side of one of these lots would be, where measuring from the average lot would make the building even taller than it might be under the current ordinance. Mr. Smith said he did not think this would happen, but he hesitated to say it would never occur. Mayor Pro-Tem Benson expressed concern with the project noted by Mr. Smith that needed to be 28 feet in height, and she asked if a variance could have been granted for it. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Mr. Smith responded that findings needed to be made in order to grant variances. The hardship was self-imposed by the design of the building, and this was not something on which a variance could be granted. Mr. Hargreaves said he had discussed this with the City Attorney before he left, and he believed there is an interpretation of the current code that could be made that would allow the building without an amendment. He said Mr. Erwin asked, if the Council has concerns regarding a particular amendment, that it not approve the amendment. He said the project could be conditioned on his finding that it is consistent with the current Zoning Ordinance. Mayor Pro-Tem Benson said this would take care of her concern that if a 28-foot height limit is approved, developers are then going to want to build structures up to 32 feet. She said she felt there were locations where it can be different, but she did not want to give them the three feet now and then three more as an exception on top of that. She said she would be against that amendment as long as there is a possibility that a variance will fit those buildings. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman Ferguson stated that he had met with the City Attorney at length because it troubled him that the argument was being made that there was not an exception for O.P. in residential areas. He said he could think of several examples where exceptions were granted to O.P. in residential areas, so either the Council had been acting illegally or it had been acting legally but now want to change the zone. After research, the City Attorney said he believed there were provisions that allowed the Council to do just what Mayor Pro-Tem Benson said, and that is to grant exceptions for merit and based on 25 feet. He said he also remembered when he served on the Comprehensive Zoning Ordinance Review Committee, the maximum height on residential was changed to 18 feet, and he could not remember the last time he saw a residential home less than 18 feet. He said the exception became the norm, and he felt Mayor Pro-Tem Benson's admonition that might happen in this case was well taken. Councilman Crites agreed with Councilman Ferguson and Mayor Pro-Tem Benson, given the City Attorney's interpretation. However, he asked that the Council at least respect staff's request to consider the two parts of this request separately. Councilman Spiegel said his comment was, "If it ain't broke, don't fix it." 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Councilman Crites moved to waive further reading and pass Ordinance No. 1022 to second reading, amended to delete the amendment to the maximum building height but retaining the portion of the ordinance relative to amending the method of measuring building height. Motion was seconded by Spiegel and carried by a 4-1 vote, with Councilman Ferguson voting NO. E. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN FOR A 14,802 SQUARE FOOT OFFICE BUILDING ON THE EAST SIDE OF SAN PABLO AVENUE, 1,100 " FEET NORTH OF HIGHWAY 111, ALSO KNOWN AS 44-530 SAN PABLO AVENUE Case No. PP 02-08 (PrestNuksic Architects, Applicant). Planning Technician Tony Bagato reviewed the staff report, noting that this matter was before Council because the Planning Commission could not approve the project at the height as proposed (27 '/2 feet) without an exception. He said the overall project complied with all other Zoning Ordinance requirements including parking and setbacks. He said staff was recommending approval of the building subject to the City Attorney's interpretation of the O.P. ordinance and exceptions or variances granted by the Council. Councilman Spiegel stated that Page 5 of the staff report discussed fencing, and staff's recommendation was not to require a six -foot -high block wall to separate the properties. Mr. Bagato said there was discussion at the Planning Commission meeting about that, and the applicant to the north was just cited by Code Enforcement for having a bad fence and put up a new wooden fence. Since the properties were anticipated to be turned into office over time, the applicant requested approval to not have a block wall there. A condition was added to the Planning Commission resolution that the project could be reviewed three years after date of completion to bring it back for a public hearing to see if a block wall would be necessary because those properties could take a long time to develop. Councilman Crites asked if there would be any objection to "three years or sooner" in case there is a reason to come back sooner than three years. Mr. Bagato responded that staff would not have any objection to that. Councilman Crites also noted the Code Requirements listed on Page 5 of the staff report and asked for clarification of the "minimum 15%" landscaping shown for the project. Mr. Bagato responded that there would be at least 15% landscaping. Councilman Ferguson noted the issue of reciprocal parking access and said it was his understanding this was taken care of, and the developer was offering to reciprocate on joint parking with adjacent users. Mr. Bagato responded that the applicant was able to provide access to the 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 east end of the property that could serve to both the north and south properties. Mayor Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. JOHN VUKSIC, 73-030 Calliandra, Palm Desert, and DAVE PREST, 47-391 Calico Cactus Lane, Palm Desert, spoke as architects for the project. Mr. Vuksic stated that when designing the project, they wanted to take the mechanical equipment off the roof because they could not adequately screen it. Once that was done, they realized they had the ability to do something interesting with the roof form. He said the high point of the building was back very far from the curb, and it was approximately a two to one height ratio. Mr. Prest said that the idea was that the building would appear shorter than a normal building would be if it went to the height limit allowed. Mr. Vuksic said the building was actually 26 feet in height from the finished floor. The eave was 22 feet, and the front of the one-story portion was 15 feet. He said what they had tried to do, instead of building a box, was to do a building that had several levels to it and was more attractive. He said they had also tried to do the second floor having a fairly delicate roof line, so it appears not to be as heavy and the recess not to be as imposing on the street. Mayor Pro-Tem Benson asked where the elevator was located, and Mr. Vuksic responded that it was in the middle of the building. Councilman Spiegel asked how soon the building would be constructed if approved tonight, and the applicant responded that it would be done as quickly as possible. Mayor Kelly asked if the developer had any problem with a condition that the bus shelter would match the architecture of the building, and the applicant agreed to tie the bus shelter in with the architecture of the building. Councilman Crites suggested wording that the bus shelter would "complement" the architecture of the building, and Mayor Kelly agreed. With no further testimony offered, Mayor Kelly declared the public hearing closed. Mayor Pro-Tem Benson moved to waive further reading and adopt Resolution No. 02-116, approving Case No. PP 02-08, subject to attached conditions and as recommended by the Planning Commission, amended to modify the respective conditions with the following wording: 1) Bus shelter design to complement architecture of the building; 2) construction of the block wall to be considered by the Planning 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 Commission in three years or sooner. Motion was seconded by Spiegel and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER 1. Report on Monterey Avenue Traffic Signals. Mr. Ortega noted the information staff report dealing with questions raised as to why some lights on Monterey Avenue were on extended flashing periods. He offered to answer any questions. Councilman Spiegel said the staff report indicated the City of Rancho Mirage had antiquated equipment and that its staff was looking at the issue. However, nothing seemed to be resolved. Mr. Greenwood stated that the heart of the problem was neither with the City of Rancho Mirage nor the City of Palm Desert but with the power provider, Imperial Irrigation District, who could not seem to provide adequate power to this area, especially during the construction of the two projects that are under way on that site. Councilman Spiegel said he felt it was important to get these signals working, especially with the traffic in that area. He asked if there was any way the Police Department could be notified when the lights start flashing, and Mr. Greenwood responded that part of the problem was that Rancho Mirage staff was not being notified when the lights fail and were discovering the problem when they drive around town on Monday mornings. Councilman Spiegel asked if the City of Rancho Mirage would want to pay Palm Desert to take over the responsibility for their lights, and Mr. Greenwood responded that Palm Desert staff had been in discussion with Rancho Mirage staff about sharing signal maintenance responsibilities, but they were not very receptive to that idea. With Council concurrence, the City Manager was authorized to draft a letter to the City of Rancho Mirage seeking its assistance in resolving the issues related to traffic signal operation along Monterey Avenue. B. CITY ATTORNEY None 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 C. CITY CLERK 1. Reminder to Adjourn This Meeting to Monday, September 16, 2002, at 9:00 a.m. for an Adjourned Meeting of the City Council Regarding Assessment Districts. Mrs. Klassen reminded the Council to adjourn this meeting to 9:00 a.m. on Monday, September 16, 2002, for an Adjourned Meeting of the City Council regarding assessment districts. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Consideration of Including the Art In Public Places Commission in the Current Review of Standing Committees/ Commissions to Provide a Refocusing of Objectives (Mayor Pro-Tempore Jean M. Benson). City Council concurred with this request. Councilman Crites moved to add the following item to the Agenda for consideration. Motion was seconded by Spiegel and carried by a 5-0 vote. 2. Consideration of Support for AB 1010 (Correa) - Purchase of State Route 91 Toll Road from the California Private Transportation Company (Mayor Richard S. Kelly). Mayor Kelly said this bill was on the Governor's desk. It is basically a law that would help Orange County take over the toll lanes on State Route 91. He asked approval to send a letter to Governor Davis and encourage him to sign this bill. Councilman Spiegel moved to approve the sending of a letter of support to Governor Davis from Mayor Kelly. Motion was seconded by Crites and carried by a 5-0 vote. o City Council Committee Reports: 1. Update on Energy Issues (Councilman Buford A. Crites). Councilman Crites stated that this report item was not longer needed on future Council agendas, with further developments to be reported as necessary. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 12, 2002 o City Council Comments: 1. Mayor Pro-Tempore Benson reported that she participated in two 9/11 Events, the first at Legends Gardens in Palm Desert, where public safety employees were recognized for their caring professionalism year-round. She said the second event she attended was at Southwest Community Church, where Councilman Ferguson delivered a very well -received speech. XIX. ADJOURNMENT Councilman Spiegel moved to adjourn the meeting at 7:08 p.m. to 9:00 a.m. on Monday, September, 16, 2002, for issues related to Landscaping & Lighting Assessment Districts, including a Study Session. Motion was seconded by Crites and carried by a 5-0 vote. ATTEST: RACHELLE D. KLASS'N, CITY CLRK CITY OF PALM DESERT, CALIFORNIA (/(4 RICIHARD S. KELLY, MAYO 31