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HomeMy WebLinkAbout2003-04-10MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, APRIL 10, 2003 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilman Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Pro Tem Robert A. Spiegel Mayor Jean M. Benson — Also Present: Carlos L. Ortega, City Manager/RDA Executive Director Robert W. Hargreaves, Deputy City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment 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 Michael Errante, Acting Director of Public Works/City Engineer Robert P. Kohn, Director of Special Programs Mark Greenwood, Engineering Manager III. ORAL COMMUNICATIONS - A None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Lease Property - Parkview Professional Office Complex, 73-710/720 Fred Waring Drive, Palm Desert Negotiating Parties: Agency: Paul S. Gibson/City of Palm Desert Property Owner: City of Palm Desert Other Parties: Goodwill Industries of Southern California Under Negotiation: x Price x Terms of Payment 2) Property: Portion of Lot 7 - Portola Palms Mobile Home Park (APN 622-015-008) Negotiating Parties: Agency: Carlos L. Ortega/Michael J. Errante/City of Palm Desert Property Owner: Allen Curtis Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Greg Clyde, Susan Hayes, and Andrew Murray v. City of Palm Desert, et al., Riverside County Superior Court Case No. RIC 390984 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 4 With Council concurrence, Mayor Benson adjourned the meeting to Closed Session at 3:01 p.m. She reconvened the meeting at 4:07 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Mayor Pro-Tempore Robert A. Spiegel VII. INVOCATION - Councilman Richard S. Kelly 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 VIII. ORAL COMMUNICATIONS - B MS. NANCY MARTEL, 44-837 Oro Grande Circle, Indian Wells, CA, presented the City Council with a petition containing over 150 signatures in support of a dog pool and water buckets for the Civic Center Large Dog Park, for which these same dog owners had collected the necessary funds to purchase the items for the upcoming summer days and were asking for permission to utilize. She said she was familiar with the current matter of litigation that the City was involved in with an individual over an occurrence in the dog park. Further, she said that individual continued to use the dog park on a daily basis following the alleged incident. With City Council concurrence, the matter was referred to the Parks & Recreation Department for consideration. MS. JAN HAWKINS, 75-275 Purple Hills Road, Indian Wells, CA, addressed the City Council representing Palm Desert High School Academic Foundation, expressing sincere appreciation for all the support the City had given in the past, which helped to assist many students with various activities, as well as their teachers. In order to continue their mission of keeping the school in its top-ranking status, she announced the upcoming "Tee Off for Literacy" and Vern Fraser Memorial Aztec Golf Tournament, with proceeds benefiting the Palm Desert High School literacy programs and the Vern Fraser Scholarship Fund. She was hoping that the City Council would be represented at the event on Saturday, May 17, with a tournament foursome and with Mayor Benson helping to present tournament awards that evening. She left fliers for the event with the City Clerk's Office. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE. The following City of Palm Desert employees were recognized for exceptional service: Lori Carney, Tino Zamora, Jason Finley, Amy Hughes, and Bryce White. Mr. Zamora was unable to attend this afternoon. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meetings of March 13, and March 27, 2003. Rec: Approve as presented. Approved 4-0-1 with Councilman Ferguson ABSTAINING due to his absence — from the meeting of March 13. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 205, 208, 209, 213, 214, 215, 218, 219, 212PDOC, and 222PDOC. Rec: Approve as presented. C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARY for February 2003 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. SINGLE AUDIT of Federally Assisted Grant Program for the Fiscal Year Ended June 30, 2002. Rec: Receive and file. E. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meetings of May 15, July 17, and August 14, 2002. 2. Citizens' Advisory Committee for Project Area No. 4 Meeting of September 16, 2002. 3. Entrada del Paseo Steering Committee Meeting of February 20, 2003. 4. Housing Commission Meeting of February 12, 2003. 5. Outside Agency Funding Committee Meeting of September 24, 2002. 6. Technology Committee Meeting of January 7, 2003. Rec: Receive and file. F. LETTER OF RESIGNATION from Neil Lingle from the Architectural Review Commission. Rec: Receive with very sincere regret. G. REQUEST FOR APPROVAL of the Destruction of Files from the Department of Building and Safety that Have Been Digitally Imaged. Rec: Waive further reading and adopt: 1) Resolution No. 03-29, authorizing destruction of files for the month of September 2002; 2) Resolution No. 03-30, authorizing destruction of files for the month of October2002; 3) Resolution No. 03-31, authorizing destruction of files for the month of November 2002. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 H-1. REQUEST FOR AWARD OF BID for Computerized Sign Marking Equipment. Rec: By Minute Motion, award the subject bid to Traffic & Parking Control Co., Inc. (TAPCO), Elm Grove, Wisconsin, in the amount of $14,514, which includes software and three days of training — funds are available in the Street Maintenance Operating Budget for FY 2002/03. H-2. REQUEST FOR AWARD OF BID for 200-Gallon Melter/Applicator (Crack Sealer). Rec: By Minute Motion, award the subject bid to Absolute Asphalt, Inc., Fontana, California, in the amount of $24,500 — funds are available in the Street Maintenance Operating Budget for FY 2002/03. I. REQUEST FOR AWARD OF CONTRACT for Landscape Design for the Magnesia Falls Drive Bridge and Street Improvements (Contract No. C21040, Project No. 648-99). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J-1. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C17350 — Engineering Services for Design of the Magnesia Falls Drive Street Improvements and Bridge Over the San Pascual Channel (Project No. 648-99). Rec: By Minute Motion: 1) Appropriate $25,725 from Unobligated Measure "A" funds into Account No. 213-4626-433-4001 for the subject project; 2) approve Change Order No. 2 in the amount of $25,725 to the subject contract with Tetra Tech, Inc., Palm Desert, California, and authorize the Mayor to execute same. J-2. REQUEST FOR APPROVAL of Change Order Nos. 1 and 2 to Contract No. C20170 — 2002 Curb, Gutter, and Cross Gutter Repair Program (Project No. 753-02). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $13,159.60 and Change Order No. 2 in the amount of $25,000 to the subject contract with Contreras Construction Company, Indio, California, and authorize the Mayor to execute same; 2) authorize the transfer of $25,000 from contingency to base for the subject project. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 J-3. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C20210 — Engineering Services in the Design of Highway 111 and Desert Crossing Intersection Improvements (Project No. 615-02). Rec: By Minute Motion: 1) Appropriate $3,089.80 from Unobligated Measure "A" funds to Account No. 213-4347-433-4001; 2) approve increasing the contingency from $7,910.20 to $11,000 for the subject project; 3) approve Change Order No. 1 in the amount of $11,000 to the subject contract with Psomas, Riverside, California, for additional engineering services needed for the subject project and authorize the Mayor to execute same; 4) authorize transfer of contingency funds to base contract for said project. K. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20130 — 2002 Resurfacing Program (Project No. 752-02) (Granite Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Approved 4-0-1, with Councilman Ferguson ABSTAINING. L. REQUEST FOR AUTHORIZATION to Release Improvement Securities Posted Relative to Assessment District No. 94-1 Series B — Water System Improvements for 540 Zone, 680 Zone, and 840 Zone Booster Pumping Stations (Bighorn Development LLC, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the subject improvement securities. M. REQUEST FOR APPROVAL of 50% Reimbursement for Cost Associated with the Relocation of Utility Transmission Pole Located at Frank Sinatra Drive and Shepherd Lane (World Development, Applicant). Rec: By Minute Motion: 1) Authorize reimbursement of $19,230.53 to World Development for 50% of the costs associated with relocating the subject utility transmission pole; 2) appropriate said funds from Fund 400. N. REQUEST FOR APPROVAL of Contract for Advertising Services for the El Paseo Business Improvement District (Contract No. C21050). Rec: By Minute Motion, approve of and authorize the Mayor to execute the subject contract with Stephanie D. Green d.b.a. Creative I Group, Palm Desert, California, in an amount not to exceed $36,000 for one year, May 1, 2003, through April 30, 2004. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 O. REQUEST FOR APPROVAL of Changes to Lease Agreement Between the City and the Historical Society of Palm Desert (Contract No. C05941). Rec: By Minute Motion, approve changes to the subject Lease Agreement, modifying the requirements for insuring the property and contents, as recommended in the accompanying staff report, and authorize the Mayor to execute same. P-1. CONSIDERATION of Action Taken by the Legislative Review Committee on AB 507 (Hancock) — Probationary Employees. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 507. P-2. CONSIDERATION of Action Taken by the Legislative Review Committee on AB 644 (Mullin) — Housing Tax Credits. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 644. P-3. CONSIDERATION of Action Taken by the Legislative Review Committee on AB 822 (Matthews) — Redevelopment, Transit, and Jobs Housing Balance. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 822. P-4. CONSIDERATION of Action Taken by the Legislative Review Committee on AB 1058 (Lieber) — Tax Increment Funds. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1058. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 P-5. CONSIDERATION of Action Taken by the Legislative Review Committee on AB 1192 (Dutra) — Land Use. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard go AB 1192. P-6. CONSIDERATION of Action Taken by the Legislative Review Committee on AB 1268 (Wiggins) — Land Use. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1268. P-7. CONSIDERATION of Action Taken by the Legislative Review Committee on AB 1347 (Maze) — Development Projects. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1347. P-8. CONSIDERATION of Action Taken by the Legislative Review Committee on AB 1626 (Runner) — Redevelopment Law. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 1626. P-9. CONSIDERATION of Action Taken by the Legislative Review Committee on SB 558 (Ducheny) — Local Planning. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 558. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 P-10. CONSIDERATION of Action Taken by the Legislative Review Committee on SB 787 (Battin) — Local Agency Investments. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of support for the Mayor's signature with regard to SB 787. P-11. CONSIDERATION of Action Taken by the Legislative Review Committee Regarding Solar Energy Customers in California (Exit Fees). Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 18, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to the proposed fee increases (exit fees) for solar energy customers in California. Q. REQUEST FOR APPROVAL of the Sale, Possession, and Consumption of Alcoholic Beverages During SpringFest 2003 by the Coachella Valley Recreation & Parks Foundation. Rec: By Minute Motion, permit the sale, possession, and consumption of alcoholic beverages on City -owned property in connection with a special event, SpringFest 2003, scheduled to be held on Saturday, April 6, 2003. R. REQUEST FOR APPROVAL of Funding for the McCallum Theatre's 2003 Open Call Amateur Talent Competition. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Mayor Pro Tem Spiegel requested that Items I and R be removed for separate consideration under Section XI, Consent Items Held Over. Mayor Pro Tem Spiegel moved to approve the remainder of the Consent Calendar as presented. Motion was seconded by Ferguson and carried by a 5-0 vote, with Councilman Ferguson ABSTAINING on Item A, as he was not present at the City Council meeting of March 13, 2003, and also ABSTAINING on Item K. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 XI. CONSENT ITEMS HELD OVER REQUEST FOR AWARD OF CONTRACT, for Landscape Design for the Magnesia Falls Drive Bridge and Street Improvements (Contract No. C21040, Project No. 648-99). Mayor Pro Tem Spiegel stated that although the staff report indicated bids had been requested and received from five different firms, there were no bid amounts included. Mr. Knight responded that this was a contract for professional services; therefore, money is not a consideration in the initial review. After reviewing the proposals, H.S.A. Design Group had the lowest cost, but staff was concerned with this firm because they had a considerable work load with the City right now. David Evans & Associates was the second lowest in terms of financial cost. Mayor Pro Tem Spiegel noted that the recommended firm was from Ontario, whereas there were two companies in Palm Desert and one in Palm Springs which submitted proposals. Mr. Knight responded that David Evans also had a local office, but this work would be done out of their Ontario office, which is where their landscape division is located. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Award the subject contract to David Evans and Associates, Palm Desert, California, in the amount of $24,840; 2) authorize a 10% contingency for the project in the amount of $2,484; 3) authorize the Mayor to execute said contract — funds are available in Account No. 213-4626-433-4001 for FY 2002/03. Motion was seconded by Ferguson and carried by a 5-0 vote. R. REQUEST FOR APPROVAL, of Funding for the McCallum Theatre's 2003 Open Call Amateur Talent Competition. Mayor Pro Tem Spiegel said this had been very successful in the past, and there would be two shows this time rather than just one. He noted that the McCallum had agreed to give Palm Desert residents a 20% discount on the ticket price by showing their driver's license. Mayor Benson suggested that staff be directed to appropriately publicize the 20% resident discount so that residents are aware of this event. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve a City sponsorship of the subject event in the amount of $20,000 — funds are available in the FY 2002/03 Budget, Account No. 110-4416-414-3061, and no additional appropriation is requested; 2) direct staff to provide appropriate publicity for the 20% discount on event tickets offered to Palm Desert residents upon showing their driver's license. XII. RESOLUTIONS A. RESOLUTION NO. 03-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ELECTING TO WIND UP AND DISSOLVE THE CITY OF PALM DESERT GOLF COURSE FACILITIES CORPORATION. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 03-32. Motion was seconded by Kelly and carried by a 5-0 vote. B. RESOLUTION NO. 03-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ELECTING DIRECTORS OF THE PALM DESERT RECREATIONAL FACILITIES CORPORATION. Councilman Crites moved to waive further reading and adopt Resolution No. 03-33. Motion was seconded by Ferguson and carried by a 5-0 vote. C. RESOLUTION NO. 03-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE PALM DESERT REDEVELOPMENT AGENCY TO SELL SMALL HOUSING PROJECTS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433(C). Councilman Crites moved to waive further reading and adopt Resolution No. 03-34. Motion was seconded by Spiegel and carried by a 5-0 vote. D. RESOLUTION NO. 03-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A MANAGEMENT AGREEMENT WITH KEMPER SPORTS MANAGEMENT, INC. (CONTRACT NO. C21110). Mayor Pro Tem Spiegel asked whether any other companies had been considered. Mr. Ortega responded that there was a local group last year which had expressed an interest in bidding for the contract. The Board looked at the proposal but ultimately decided to extend the agreement with Kemper. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 Councilman Kelly moved to waive further reading and adopt Resolution No. 03-35. Motion was seconded by Spiegel. Councilman Ferguson noted there was a blank on the Resolution itself where a dollar amount was supposed to be included for the Fixed Management Fee. Mr. Gibson noted that at the time the staff report was copied, discussions were still ongoing with Kemper. As of last Friday, they had agreed to the following fees: Management fee of $25,000/month; key positions fee $40,507/month, for a total of $65,507/month or $786,084 annually. Mayor Pro Tem Spiegel moved to waive further reading and adopt Resolution No. 03-35. Motion was seconded by Ferguson and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: A. ORDINANCE NO.1040 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 19 OF THE PALM DESERT MUNICIPAL CODE, ADDING SECTION 19.01.055 REGARDING DRAINING OF SWIMMING POOLS. Mayor Pro Tem Spiegel moved to waive further reading and pass Ordinance No. 1040 to second reading. Motion was seconded by Kelly and carried by a 5-0 vote. For Adoption: None XIV. NEW BUSINESS A. CONSIDERATION OF TEMPORARY USE PERMITS ALLOWING USED CAR SALES OR OTHER LARGE-SCALE PARKING LOT SPECIAL EVENTS AT WESTFIELD SHOPPINGTOWN PALM DESERT. Mr. Ortega noted the staff report and recommendation in the packets. Mayor Pro Tem Spiegel said there was nothing in the staff report indicating how this would be promoted, and he wanted to make sure there would not be twinkle lights, balloons, signs up and down El Paseo, etc. — anything that would be detrimental to the look of the City. Mr. Drell responded that there would only be one sign at the driveway at Plaza Way and another at the driveway on Monterey Avenue. He said it had been made clear that this was a trial to see if they can do this, follow the 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 rules, and be a responsible Palm Desert merchant. Upon question by Mayor Benson, he said he did not yet know what the times would be, although he would provide that information to the Council once the application is actually received. MS. NICOLE BOGGS, Westfield Shoppingtown Palm Desert, said the next show planned would be done with Paradise Volkswagen. There would be no Klieg lights, and they had been informed that they needed to end at 9:00 p.m. any bothersome activity such as music, lights, etc. in consideration of neighbors. She said it would basically be held during Mall hours and perhaps a little beyond that on Friday and Saturday nights. It would also be held in the "north 40" portion of the parking lot rather than on the Highway 111 side. MR. DEE COLEMAN, Corporate Marketing Director for Sky Valley Resorts, 79-480 Calle Sunrisa, La Quinta, reviewed his proposal for a special event parking lot show which he hoped to hold at Westfield Shoppingtown Palm Desert several times per year for approximately ten days each show. Councilman Kelly moved to, by Minute Motion, on a trial, case -by -case basis, approve staffs recommendation for vehicle sales only in the "back 40" parking lot between Easter and Thanksgiving for Westfield Shoppingtown Palm Desert. Motion was seconded by Crites and carried by a 5-0 vote. B. REQUEST FOR AWARD OF CONTRACT FOR A FEE STUDY OF ALL DEVELOPMENT SERVICES DEPARTMENTS, INCLUDING THE FIRE DEPARTMENT (CONTRACT NO. C21060). Mr. Ortega noted the staff report and recommendation in the packets. Mr. Croy reviewed the staff report and the two options. Councilman Ferguson said he agreed that the City was probably charging way below, but he had a concern with paying for a study that might indicate the City should quadruple its fees and did not like where it was headed and the associated costs. He agreed the City should make sure it is not overcharging people for various permits/fees, although he did not feel that was the case. Mr. Croy stated that staff would return to Council with the options once the study has been completed. Staff was currently working with the Building Industry Association (BIA) and would also be working with the Desert Contractors Group. If the fees should come back significantly higher, he said it was obvious that impact could not be thrown to the industry, and options would be presented to Council such as stepping processes over years. He said he felt it was important for the City to figure out a way to know its true 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 costs, how much is being paid for these operations, and when it can recover it in full. He added that it was possible the study would come back showing that the City of Palm Desert's fees being charged are not that far out of line. Councilman Kelly said he felt it was important for the City to form a nexus, which had not been done in over 20 years, and he felt the cost to find out this information was minimal. Councilman Kelly moved to, by Minute Motion, award the subject contract to Zucker Systems, San Diego, California, to conduct a more comprehensive fee study of all Development Services Departments, including the Fire Department, in the amount of $63,800 as Option No. 2, approve a 10% contingency in the amount of $6,380, and appropriate $40,180 from the Unobligated General Fund to Account No. 110-4420-422-3090 — $30,000 of the necessary funds are available in Account No. 110-4420-422-3090; 2) authorize the Mayor to execute the agreement. Motion was seconded by Crites and carried by a 5-0 vote. C. REQUEST FOR AUTHORIZATION TO PROCEED WITH DESIGN OF MEDIAN ISLAND MODIFICATIONS ON COOK STREET AT THE DESERT FALLS DRIVEWAY. Engineering Manager Mark Greenwood reviewed the staff report and recommendation. He noted that although residents of Desert Falls had continued to request installation of a traffic signal on Cook Street at their driveway, staff could not justify recommending such a signal to the Council. An alternative traffic control method would be to modify the median island to prevent the most difficult traffic movement, turning left onto Cook Street from the Desert Falls Driveway. Another alternative would be for the Council to acknowledge that this is not an appropriate location for a traffic signal, that the issue would not be studied further, that it is comfortable with the existing control, and if there is a need for future modification of control there, it would be modification of the median, not additional studies for traffic signals. He noted that staff felt this location would never meet the guidelines for a signal, and it was felt accidents would increase rather than decrease if a signal is ever installed there. Upon question by Councilman Kelly, Mr. Greenwood agreed that residents of Desert Falls do have the option of using the signal on Country Club, and there is also an exit onto Frank Sinatra. Upon further question by Councilman Kelly relative to the closest place on Cook for drivers to make a u-turn if they were not able to turn left from the driveway, he said it would be about 300 feet to the north. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 Mr. Greenwood noted that the General Plan Advisory Committee had addressed this type of a traffic control issue, and the Committee felt it would rather see prohibitions of difficult turns than installation of more traffic signals. Upon question by Mayor Pro Tem Spiegel, Mr. Greenwood responded that staff's recommendation was that if the residents are adamant that something must be done, then the median modification would be the thing to do. If the residents can be satisfied with leaving it alone, staff was also satisfied with leaving it alone. He said this was a very safe intersection, and there was no accident history at this location whatsoever. Upon question by Councilman Ferguson, Mr. Greenwood responded that there were approximately 16,000 cars per day along Cook Street, with less than 400 per day coming out of the driveway. Councilman Crites moved to, by Minute Motion, direct staff to leave the subject intersection in its as -is state, but if the Homeowners' Association requests a change be made, then the aforementioned staff recommendation for median modifications be instituted. Motion was seconded by Kelly. Councilman Kelly noted that when a traffic signal is installed, it is done in order to improve traffic flow and safety. He felt that installing a signal on a main thoroughfare was not the way to handle traffic or safety. Mayor Benson called for the vote, and the motion carried by a 5-0 vote. D. CONSIDERATION OF REQUEST TO PROVIDE STAFF WITH DIRECTION REGARDING A POTENTIAL MORATORIUM RELATIVE TO A GENERAL PLAN AMENDMENT. Mr. Drell reviewed the staff report and requested that Council provide direction to staff regarding a potential moratorium for General Plan update. Mayor Pro Tem Spiegel asked what would happen to homes which had already been approved by the Planning Commission on the flat land west of the Wash. Mr. Drell responded that the Council could establish the moratorium and define it as precisely as it wants. With regard to projects which had already been approved, he noted that they would be before the Council for final approval on April 24th. If staff received direction from Council at tonight's meeting, it could advertise for the moratorium for April 24th as well. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 Councilman Ferguson said it appeared there were three different classes of people who would be affected by this, and he was not sure what the legal ramifications were for each: 1) the landowner who has not filed an application but may or may not want to during the period of tenancy of this moratorium; 2) people who have filed applications and are currently making their way through design review committees and perhaps staff; 3) at least two applications which have received Planning Commission approval and are being appealed. He asked what the legal rights and remedies were for those three classes of people, should a moratorium be implemented. Mr. Hargreaves responded that in all three cases, a moratorium would serve as the basis for rejecting whatever development approvals come forward if that is the way the moratorium is constructed. He said the Council could exempt out certain projects if it chose to do so. Councilman Crites said there was hope at some point to have the General Plan revision before the Council by this time, including changes to the Hillside Ordinance. He asked what could be done to bring this whole body of materials to a conclusion in an expeditious fashion. Mr. Drell responded that the draft document was completed, and the final changes to the maps were being done. The EIR analysis was underway. He added that it was possible this could be ready in July, but staff did not recommend holding General Plan hearings in the middle of July. A more appropriate time for those hearings would be at least in the beginning of the fall. Councilman Crites asked whether all parts of the General Plan had to be considered at the same time. Mr. Drell responded that they did not; however, there were two issues: 1) hillside down zoning/up zoning balance; 2) the generalized issue of development and design in the north area. The land use map was what needed to be dealt with to address both issues. He added that he did not think there was a way to expedite this to get it done in the next month or two. Councilman Ferguson asked if it was possible for the Council to delineate a moratorium geographically or by type of use, and Mr. Drell responded affirmatively. MR. DAVID NELSON, 72-595 Beavertail Street, Palm Desert, said he owned two parcels of property in the hillside area, five acres on Upper Way West and 5.84 acres on Campesino and Chapel Hill. He said the one on Chapel Hill was the parcel approved by Planning Commission and had been called up to City Council. He spoke against a moratorium and said it would basically freeze all of his assets and place an extreme financial burden on him. He asked if the Council could look at the project on its own merits before any moratorium is put into place. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 MS. DORI CREE, 47-205 Southcliff, Palm Desert, noted that most of the large parcels in the hillside area were gone. The City had been acquiring the remaining large hillside properties (30-40 acres of the Fox Canyon property, the 27-acre Homme/Adams property, 30 acres near BigHorn kept for open space, the Cahuilla Hills Park, six five -acre parcels near the Homme/Adams Park, a total of 157 acres now owned by the City in the hillside). She said the five -acre parcels that are the most notable view -wise are owned by the Bureau of Land Management, and it was her understanding that they were not for sale, nor would they ever be for sale. She said all that is really left in the hillside are about 12-14 residential, individually owned properties. The only exception to these properties zoned for single family is her 15-acre parcel and Mr. Nelson's parcel. She said both she and Mr. Nelson were sensitive to the City's desire to keep building on the hillside to a minimum, and they had kept their applications to non -hillside property. They had been approved by Planning Commission and staff and hoped to present their applications at the next City Council meeting. She asked Council to reconsider the moratorium as it relates to the hillside and as it relates to the already approved applications (hers and Mr. Nelson's). She also emphasized that both she and Mr. Nelson were not trying to slide under the wire under the current ordinance. She said they had both down zoned their properties in contemplation of the amendments that will be made to the Hillside Ordinance. In addition, she gave half of her hillside property as a permanent hillside easement. She again asked the Council to exempt out the hillside from the moratorium. MR. TOM NOBLE, 42-620 Caroline Court, Palm Desert, said he felt a moratorium was completely out of keeping with the nature of the City and the development community in the desert. This sort of thing had a chilling effect on the ability of people to develop and on the ability to bring investment in. MR. DICK BAXLEY, 41-865 Boardwalk, Palm Desert, spoke on behalf of his clients, Couch/McCloud, owner of a 70-acre parcel north of Gerald Ford and shown as being in this proposed moratorium area. He said it was zoned commercial, there was a development plan on this parcel which was probably expiring, and his client had been trying to sell it for a number of years. They had a residential developer in negotiation to acquire that property, and that person would like to use the majority of that property, except for about 30 acres, for residential purposes. The moratorium would kill that opportunity. He asked that the Council not place a moratorium on that property. MR. GARY RICHARD, World Development, 44-600 Village Court, Palm Desert, said his firm had a 36-acre tract in this area and had invested well over $1 million in the property. They had also spent a large amount of money on engineering and design fees. He said a moratorium would result in a freeze of assets for an indeterminate amount of time and would be financially detrimental and financially devastating to not only his firm but also 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 to other developers and landowners in the area. He felt it was unfair and would negatively impact the revenue stream for the City for fees and property taxes. He asked the Council to vote against a moratorium. Councilman Crites moved to direct staff to bring back a set of recommendations for moratorium with appropriate ordinances that could distinguish specific geographic areas and/or specific uses. Motion was seconded by Ferguson. Councilman Kelly said he did not know why Council at this stage would even consider a moratorium and felt it would be extremely unfair, especially financially, to all of those who have invested money here already. He said he did not see anything out there that the Council could not review and make a decision on sot that it would fit in with the concept of what Palm Desert is all about and what it is doing. He felt strongly that the best kind of housing was housing that people own rather than absentee ownership. He said Council could address all of those issues. Hillside was a very small area for which the City had a strict ordinance since 1983 which had worked quite well. One of the main parts of that ordinance was to encourage people to develop on the flat land. With regard to development in the North Sphere, he said he saw no reason to financially ruin someone when the Council has the ability to go through and look at those projects. He said he would be opposed to any kind of a moratorium. Councilman Ferguson said his first reaction to the maps was that it was kind of arbitrary. He said he spoke with both Mr. Nelson and Ms. Cree, and there may not be enough land left in the hillside to place a moratorium, although he would be interested to hear staffs input on that. He expressed concern with the university village concept that has been floating around. If the General Plan Advisory Committee (GPAC) wants to do something special in that section of the City and someone comes in and files for a golf course (which is something permitted because there was one entitled there before), the City has to process that application and, if they meet all of the qualifications, approve it. He said the university concept had never been to Planning Commission or Council, so he did not know whether we will actually have that or what it will look like. He said his only inkling toward a moratorium in that area is that he wants our residents to decide what they want the City to do with that section of land after all of the hearings and all of the input and not let it be guided by one applicant who is trying to get in under the General Plan under the old zoning. He said a lot of cities he had dealt with do brief moratoriums, but they are usually very narrow and tailored in scope both in terms of geography, time, and the type of use that is used. He did not know whether there was a moratorium needed on the hillsides or north of Gerald Ford, and this would not be clear until he gets a report on it. Mayor Pro Tem Spiegel said he felt the university village concept was a good one; however, he felt it would not happen for 15 or 20 years. With regard to 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 Cal State Palm Desert campus, he said there was an agreement that it would only accept juniors and seniors. There was a current enrollment of approximately 1100 students, the majority of which went to school at night because they are adults who work during the day. He said a university village concept was a place where students go to drink coffee, etc. He did not think a university village concept was the right concept at this time for the City of Palm Desert. He agreed with the comment in the letter from World Development about the City of Palm Desert's history of being "pro business/development" and that "An indefinite hold is not only unfair but financially inconceivable for small builders such as ourselves. It will not only cost the City jobs and revenue but also its image as pro- business/development." He said he was not in favor of the moratorium. Mayor Benson said she did not believe that having some restrictions until the General Plan has the hearing through the Planning Commission and through the public is sending a bad signal. She felt it was showing that the City was very cautious as to what is going to be done in that area. She saw no reason to try to push everything in the North Sphere in a year when it took 25 years to get the City to where it is today. She said "village" as taken out of the General Plan language so that it is called university park because it is across from the college. What goes out there is up to a lot more people than the Council, and there are many requests every week to look at different projects there. She said she was in favor of the motion to bring back a set of recommendations for the moratorium. Mayor Benson called for the vote, and the motion carried by a 3-2 vote, with Councilman Kelly and Mayor Pro Tem Spiegel voting NO. With Council concurrence, Mayor Benson recessed the meeting at 5:40 p.m., reconvening at 5:50 p.m. E. REQUEST FOR APPROVAL OF ACTIONS AUTHORIZING BEVERAGE RECYCLING AND LITTER REDUCTION GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING. Mayor Pro Tem Spiegel moved to: 1) Waive further reading and adopt Resolution No. 03-36, authorizing Beverage Recycling and Litter Reduction Grant Application to the California Department of Conservation's Division of Recycling; 2) by Minute Motion, authorize the Assistant City Manager for Community Services to sign and submit the City/County Funding Request for FY 2003/04 to the California Department of Conservation Division of Recycling on behalf of the City; 3) by Minute Motion, authorize the appropriation and expenditure of funds in the amount of $12,084 from Account No. 236-4195-454-3090 toward the Palm Desert High School's Recycling Program. Motion was seconded by Kelly and carried by a 4-0-1 vote, with Councilman Ferguson ABSTAINING.. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 F REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE CITY'S FIVE-YEAR CONSOLIDATED PLAN AND ONE-YEAR ACTION PLAN RELATIVE TO ITS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Mr. Ortega noted that this was the first year the City is a direct applicant; as a result, the amount the City will receive has increased substantially so that the City will be able to fund all of the projects being recommended by staff. Mayor Pro Tem Spiegel moved to: 1) By Minute Motion, approve the Five -Year Consolidated Plan and One -Year Action Plan, and open the final public input period for City's CDBG Program; 2) by Minute Motion, approve the Outside Agency Funding Committee's recommendations for FY 2003/04 CDBG Applications; 3) waive further reading and adopt Resolution No. 03-37, adopting a contract to provide fair housing (anti- discrimination), landlord/tenant complaint resolution, and education services; 4) by Minute Motion, authorize the Mayor to enter into an agreement with the Fair Housing Council of Riverside County, Inc., to provide fair housing (anti -discrimination) and landlord/tenant complaint resolution services (Contract No. C21080). Councilman Kelly agreed with the recommendations of staff as far as who should be approved, but he asked to see who was denied as well. He said he would like to continue this matter to the next meeting. Mayor Pro Tem Spiegel withdrew his motion for approval. Councilman Kelly moved to, by Minute Motion, approve the Five -Year Consolidated Plan and One -Year Action Plan and open the final public input period for City's CDBG Program, with the remainder of the recommended actions to be continued to the meeting of April 24, 2003. Motion was seconded by Spiegel and carried by a 5-0 vote. G. REQUEST FOR APPROPRIATION OF FUNDS FOR WIDENING OF HOVLEY LANE EAST FROM WATER WAY TO OASIS CLUB DRIVE. Mr. Ortega stated that this was to comply with an existing agreement. NOTE: Councilman Ferguson left the meeting at 6:00 p.m. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Appropriate $954,500 from Fund 400 for the subject project; 2) appropriate $954,500 to the General Fund Transfer Account No. 110-4199-499-5010; 3) authorize the transfer of $954,500 from the General Fund to Fund 400 for the widening of Hovley Lane East — said funds include cost of construction of the road, median, drainage improvements, and a contingency for same. Councilman Kelly noted that this was going to be a long stretch where maybe there will not be anything happening for a while on the south side. There will be streets coming in from the north side. In lieu of stop signs, he said he 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 would like to see the City consider straight through lanes on the south side of Hovley. If it was something that could not be done, he asked that staff provide a report indicating the reasons. Councilman Crites said he would like to have a map so that he could see what it is staff is talking about. Mayor Pro Tem Spiegel moved to continue this matter to the meeting of April 24, 2003, for more information. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XV. CONTINUED BUSINESS 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, 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 (Continued from the meetings of September 12, 2002, January 23, and February 13, 2003). Mayor Pro Tem Spiegel moved to continue this matter to the meeting of April 24, 2003. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. B. 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 (Continued from the meetings of November 14, 2002, January 23, and February 13, 2003). Mayor Pro Tem Spiegel moved to continue this matter to the meeting of April 24, 2003. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XVI. OLD BUSINESS A. REQUEST FOR APPROPRIATION OF FUNDS FOR THE COMMUNITY SERVICES BUILDING RENOVATION PROJECT. Mrs. Gilligan reviewed the request and offered to answer any questions. Management Analyst Frankie Riddle noted that Option #1 would leave the Mayor's Office as it is, relocate the Council Secretary into the existing conference room, and convert her existing area into a conference room with 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 modifications (including closing the doors, installing a keypad, and securing the door). Option #2 was to convert the Mayor's Office into a conference room, move the Council Secretary into the existing conference room, and leave her existing area as a seating area, leaving the doors unsecured as they are now. Option #3 would leave everything as it is now but provide new office furniture and conference room furniture, having the doors either open or closed depending on Council's desire. Councilman Crites asked whether Option #3 would include a keypad so that the back door is only accessible through that keypad, and any time the secretary is not in the existing office area, the doors are closed. Mrs. Gilligan responded that Option #3 would include keypad on both doors, with a buzz - through for the Council Secretary. Mayor Pro Tem Spiegel moved to, by Minute Motion: 1) Approve staffs recommendation, above, with Option No. 3, which leaves the City Council Offices' configuration as is, but provides new furnishings and conference furnishings, and modifies access by installing security keypad on the doors as well as a buzz -through access feature for the secretary; 2) appropriate funds in the amount of $12,600 from Account No. 231- 4161-415-4040 for Change Order No. 1 to Contract No. C20530 with Leigh & Associates, Palm Desert, California, for preparation of construction documents and plans for the subject project. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. XVII. PUBLIC HEARINGS NOTE: Public Hearing Items A and B were considered out of order, the first items of business at the convening of the Regular Meeting at 4:00 p.m. A. CONSIDERATION OF THE FORMATION OF THE PRESIDENT'S PLAZA I BUSINESS IMPROVEMENT DISTRICT. Finance Director Paul Gibson reviewed the staff report in the packets, noting that, with Council concurrence, the ballots would be counted following the closing of the public hearing, with announcement of the results of the voting at a later point in the meeting. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, she declared the public hearing closed, and staff was directed to tabulate the ballots and report back to the City Council later in the meeting. Following counting of the ballots, Mrs. Klassen announced the results as follows: YES: Valuation: $ 73,698.02 NO: Valuation: $ 12,762.52 Since there was no majority protest, the District can be formed. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 Mayor Pro Tem Spiegel moved to waive further reading and: 1) Adopt Resolution No. 03-38, approving the Management District Plan for the President's Plaza Property and Business Improvement Assessment District for FY 2003/04 and appointment of an advisory board; 2) adopt Resolution No. 03-39, ordering the formation of the President's Plaza Property and Business Improvement Assessment District and the levy and collection of assessments for said district, FY 2003/04; 3) adopt Resolution No. 03-40, declaring the results of a property owner protest proceeding and approving certain related actions for the subject District. Motion was seconded by Crites and carried by a 5-0 vote. B. CONSIDERATION OF THE FORMATION OF THE SILVER SPUR RANCH UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 01-01. Finance Director Paul Gibson reviewed the staff report in the packets, noting that, with Council concurrence, the ballots would be counted following the closing of the public hearing, with announcement of the results of the voting at a later point in the meeting. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. LEE ANN BLYSTONE, 47-925 Sun Corral Trail, Palm Desert, spoke in favor and expressed appreciation to the City for its support of this project. RICK LOPEZ, 73-352 Buckboard Trail, Palm Desert, spoke in opposition because of the anticipated cost which would be significantly higher than what they had originally been told. He appreciated what the City had done but felt it was not a good idea and was too expensive. JERRY ABLES, 73-440 Broken Arrow Trail, Palm Desert, spoke in favor of the project. DIANE HARVILLE, 47-821 Sun Corral Trail, Palm Desert, spoke in favor. LELAND ESPINOSA, 73-425 Haystack, Palm Desert, asked for clarification of who he should contact with regard to this project, since he had not lived in the area for very long. With no further testimony received, Mayor Benson declared the public hearing closed, and staff was directed to tabulate the ballots and report back to the City Council later in the meeting. Following counting of the ballots, Mrs. Klassen announced the results as follows: YES: Valuation: $ 1,553,163.33 NO: Valuation: $ 562,937.26 Since there was no majority protest, the District can be formed. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 Councilman Crites moved to waive further reading and adopt: 1) Resolution No. 03-41, making findings regarding all special assessments levied against parcels proposed to be assessed in the Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01; 2) Resolution No. 03-42, ordering modifications to the Engineer's Report in connection with Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01, approving such Engineer's Report as so modified, confirming the assessments in connection with such district, ordering improvements to be made, and designating such district a utility undergrounding district pursuant to Chapter 12.12 of the Palm Desert Municipal Code. Motion was seconded by Spiegel and carried by a 5-0 vote C. CONSIDERATION OF AN APPEAL AND A CITY COUNCIL REQUEST FOR REVIEW REGARDING PLANNING COMMISSION APPROVAL OF AN ATTACHED SECOND UNIT AT 44-574 PORTOLA AVENUE Case No. CUP 02-14 (Jerome M. Beauvais, Applicant) (Douglass & Kathleen Kopp, Appellants). Mr. Ortega asked that the public hearing be opened for public input and that the matter then be continued to the meeting of April 24, 2003. He noted that the issue here was an ordinance the City has had in place for a while that involves approval of second units of single-family lots. That ordinance was quite old and was not in conformance with current State law. He said there was also potential State legislation that would change that. Staff wanted to bring the Council a report on what the current ordinance is, how it needs to be changed to comply with State law, and what potential other changes would happen if the legislation now pending before the Legislature would pass. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. NANCY PETTY, 74-621 Shadow Hills Road, Palm Desert, asked that the Council approve these conditional use permits. She noted that the properties that were the subject of these appeals had been greatly improved and had attracted some very fine tenants. She noted that with the growth of the City of Palm Desert, housing that is being set aside for seasonal visitors meant it was more and more difficult for people who live and work here to find appropriate housing. She said there comes a time with all the new development that cities have to change some of the zoning for the older parts of the city. This particular neighborhood she felt was quite appropriate for this kind of conditional use permit. She said the kind of housing that it is providing is desperately needed in this community as an alternative to just getting an apartment somewhere. DOUGLAS KOPP, 44-870 Cabrillo , Palm Desert, asked that the Council consider the appeals at this time. He noted that the units had been approved by Planning Commission under the City's current ordinance, not some new 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 ordinance that is in the mill. He felt the new ordinance in the mill should be researched. He also asked that the Council determine whether or not these appeals would be considered at this time before he spoke in more detail on them. MS. KIM HOUSKIN, 73-237 Somera, Palm Desert, also recommended that these appeals go forward at this time, as they had been heard by the Planning Commission based on the existing ordinance. She read from the Minutes of the January 25th Planning Commission meeting where Planning Commissioner Jonathan explained that this was not related to the possible amendment to the Zoning Ordinance and that it would be improper to judge the application based on what may or may not happen in the future. MS. KATHLEEN KOPP, 44-870 Cabrillo, Palm Desert, said there had been and still were many abuses of City ordinances that they were not happy about, things that would not be tolerated in other parts of Palm Desert. She said this applicant was requesting conditional use permits for illegal conversions of single-family residences. Because of what he did, this is now a public issue. She hoped the Council, as elected officials, would regain control over what is going on in this matter. MR. KEN RATNER, 74-041 San Marino Circle, Palm Desert, spoke as a tenant in one of these converted homes. He expressed concern that the appellants had a personal vendetta and personal agenda which were inappropriate. He said the property owner broke the rules, and he should be penalized accordingly. MS. JEAN LeDUC, 45-998 Ocotillo Drive, Palm Desert, said this was an applicant who did not proceed according to the City's process. If he had a problem with the process, he should have gone to the City and worked with staff. MR. GARY WRIGHT, 44-829 Cabrillo Avenue, Palm Desert, said he felt the neighborhood had gone up in value and that it was a great neighborhood. MR. JERRY BEAUVAIS, 74-071 San Marino Circle, Palm Desert, spoke as the applicant and said he had made horrendous judgment errors. He said he had been in touch with City staff to find out how to make everything right. He apologized for his errors in judgment. He said his goal was to get rid of the drug dealers in the neighborhood and to keep the families who wanted to move away because they feared for their children. He said all he wanted to do now was to save the work he had done over the last 20 years, and he was looking for direction from Council and staff as far as what he has to do to make sure the success in Palma Village on San Marino Circle and on El Cortez is not lost. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 MS. MARCIA POSNIKOFF, 72-790 Ambrosia, Palm Desert, said she used to live in the Portola Del Sol complex in this area. She said she felt the applicant should have done things the right way from the beginning. She said she does not like it when someone thumbs their nose at the rules and ordinances in place in this city; if everyone did that, Palm Desert would not be a very nice place to live. MR. TODD ESTENSON, 74-043 El Cortez Way, Palm Desert, said Mr. Beauvais knew at the time he was converting the first home that what he was doing was illegal and that permits were needed. Now other people in the neighborhood are making doing illegal things to their homes as well. MS. GINA GALLINDO, 44-536 Portola Avenue, on the corner of El Cortez, said that since Mr. Beauvais remodeled, she had had nothing but quality tenants for neighbors. The neighborhood had improved in the six years she had lived there. MS. JANE HELLENDRUN, 74-074 San Marino Way, said when she moved into her home in 1993, the entire neighborhood was very questionable. It had almost tripled in value since she purchased it, and part of the reason was that Mr. Beauvais had taken care of the entire corner and various other projects in the neighborhood. She said her property had seen zero negative impact as a result of what Mr. Beauvais had done to his houses. MS. CORY SMITH, 43-300 Rutledge, Palm Desert, said she went for walks in the neighborhood and had seen the neighborhood improve on the side where Mr. Beauvais' houses are located. She encouraged the City Council to do whatever it could to support him. MR. DON MOORE, owner of property at 74-041 El Cortez Way and residing at 74-874 Leslie Avenue, said the neighborhood was much better today than it was, due in large part to the efforts of Mr. Beauvais. MS. SARAH NICHOLS, 44-536 Portola Avenue, renting from Jerry Beauvais, said she and her husband were recording tomorrow on a house just down the street on El Cortez. She said when they viewed this home to purchase it, there were at least ten adult men renting out the four bedrooms of the home. There were apartment numbers on the doors of the bedrooms that were locked, and there were at least six cars in the driveway at all times. There was music blaring, people working on their cars, etc. She said there was a huge demand for this type of housing that Mr. Beauvais is doing, and he is drawing good people to his units and beautifying the neighborhood. MS. JACQUELINE POWELL, 74-060 San Marino Circle, extended an invitation to the Council to visit the home any time they wished. She said the 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 home she lives in is absolutely beautiful, and she feels secure when she goes home at night. MR. RICHARD BRUNELLE, 74-125 San Marino Way, said he was present to support Mr. Beauvais. Mayor Pro Tem Spiegel moved to continue this public hearing to the meeting of April 24, 2003. Motion was seconded by Crites, with a notation that it is being done so that the Council will be in charge of what happens in that neighborhood and will be able to make sure that the City is well -served. Motion carried by a 3-1 vote, with Councilman Kelly voting NO and Councilman Ferguson ABSENT. Councilman Kelly noted that he had voted NO because he had plenty of facts to make a decision and felt a decision should have been made at this meeting. D. CONSIDERATION OF AN APPEAL AND A CITY COUNCIL REQUEST FOR REVIEW REGARDING PLANNING COMMISSION APPROVAL OF AN ATTACHED SECOND UNIT AT 44-536 PORTOLA AVENUE Case No. CUP 02-15 (Jerome M. Beauvais, Applicant) (Douglass & Kathleen Kopp, Appellants). Mayor Benson declared the public hearing open. Please see Public Hearing C above for public testimony. Mayor Pro Tem Spiegel moved to continue this public hearing to the meeting of April 24, 2003. Motion was seconded by Crites, with a notation that it is being done so that the Council will be in charge of what happens in that neighborhood and will be able to make sure that the City is well -served. Motion carried by a 3-1 vote, with Councilman Kelly voting NO and Councilman Ferguson ABSENT. Councilman Kelly noted that he had voted NO because he had plenty of facts to make a decision and felt a decision should have been made at this meeting. E. CONSIDERATION OF AN APPEAL AND A CITY COUNCIL REQUEST FOR REVIEW REGARDING PLANNING COMMISSION APPROVAL OF AN ATTACHED SECOND UNIT AT 74-041 SAN MARINO CIRCLE Case No. CUP 02-16 (Jerome M. Beauvais, Applicant) (Douglass & Kathleen Kopp, Appellants). Mayor Benson declared the public hearing open. Please see Public Hearing C above for public testimony. Mayor Pro Tem Spiegel moved to continue this public hearing to the meeting of April 24, 2003. Motion was seconded by Crites, with a notation that it is being done so that 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 the Council will be in charge of what happens in that neighborhood and will be able to make sure that the City is well -served. Motion carried by a 3-1 vote, with Councilman Kelly voting NO and Councilman Ferguson ABSENT. Councilman Kelly noted that he had voted NO because he had plenty of facts to make a decision and felt a decision should have been made at this meeting. F. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING AN ATTACHED SECOND UNIT AT 74-060 SAN MARINO CIRCLE Case No. CUP 02-17 (Jerome M. Beauvais, Applicant/Appellant). Mayor Benson declared the public hearing open. Please see Public Hearing C above for public testimony. Mayor Pro Tem Spiegel moved to continue this public hearing to the meeting of April 24, 2003. Motion was seconded by Crites, with a notation that it is being done so that the Council will be in charge of what happens in that neighborhood and will be able to make sure that the City is well -served. Motion carried by a 3-1 vote, with Councilman Kelly voting NO and Councilman Ferguson ABSENT. Councilman Kelly noted that he had voted NO because he had plenty of facts to make a decision and felt a decision should have been made at this meeting. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK None 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Palm Desert High School Prism Robotics Team (Councilman Jim Ferguson) — Mayor Benson noted that this request for funding was referred to Mr. Gibson for response. 2. Landscaping Issues at Entrance Signage along Highway 111 and Charger Sculpture (Councilman Buford A. Crites) —Asked staff to expedite completing landscaping at the subject sites to bring them up to City standards. 3. In response to Mayor Pro Tem Spiegel's inquiry, Mrs. Gilligan said Council gave direction, staff took the appropriate action, and the American flags display would be going up along El Paseo. 4. Mayor Pro Tem Spiegel requested that when the next Employee Awards are presented by the City Manager, that one be given to Pat Scully for the tremendous SpringFest event held on Sunday, April 6. He said the crowds were enormous, the activities were wonderful, the community really came out with many volunteers participating, and it was a proud moment for Palm Desert. 5. Mayor Benson said she had previously spoken with Mr. Drell regarding repainting of the new Staples store, which they had agreed to repaint in a scheme similar to that of Tweeters. She noted that many, many requests had been received, even this week, and she asked for a schedule of when the repainting would be accomplished. o City Council Committee Reports: 1. Councilman Crites reported that on behalf of CVAG, he had been meeting with the various Valley water agencies on a uniform water usage ordinance. He said CVWD had adopted the model ordinance, and it appeared the others would soon adopt similar ordinances, which would be the first time in the Coachella Valley's history for a uniform approach to water conservation. 2. Councilman Crites stated he would be participating in an upcoming Parks & Recreation Commission Meeting, asking that they consider naming one of new City trails being built 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 10, 2003 after a former Palm Desert resident, William Boyd a.k.a. Hopalong Cassidy. He noted that at 90 years of age, Mrs. Boyd was still very active, interested in coming to Palm Desert, and very positive about the concept. 3. Mayor Benson thanked her colleagues for the privilege of traveling to Zihuatanejo this week for the Sister City collaboration. She said it was very rewarding, and she anticipated many good things to come from the relationship, especially with the involvement of Rotary. She commented that Zihuatanejo had a new El Presidente, who took office in January with a new party after 47 years, he had many things to do, with a lot of opposition, but his main concerns were health and education. She added that his wife was also working on the health issues, and she reiterated the value that will be gained for both cities by this relationship. Further, she related that as has been the case before when traveling on behalf of the City, upon introducing themselves in Zihuatanejo, they found that Councilman Crites had preceded them in making acquaintances. Mr. Ortega remarked that while the age of communication made telephone and e-mail contacts easy and quick, there was nothing like face-to-face communication for establishing a rapport. o City Council Comments: None XIX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting at 7:12 p.m. Motion was seconded by Crites and carried by a 4-0 vote, with Councilman Ferguson ABSENT. ATTEST: RA HELL D. KLASS�EN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 4 SON, MAYOR 30