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HomeMy WebLinkAbout2003-09-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 11, 2003 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Benson convened the meeting at 3:06 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 Mark Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs III. ORAL COMMUNICATIONS - A None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 IV. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 72-314 Highway 111 (APN 640-110-033) Negotiating Parties: Agency: Carlos L. Ortega/Armando Rodriguez/City of Palm Desert Property Owner: TRU Properties Under Negotiation: x Price x Terms of Payment 2) Property: 72-322 Highway 111 (APN 640-110-035) Negotiating Parties: Agency: Carlos L. Ortega/Armando Rodriguez/City of Palm Desert Property Owner: Campbell Holdings Under Negotiation: x Price x Terms of Payment Deputy City Attorney Hargreaves announced that a matter of property negotiation had presented itself following posting of the agenda for this meeting. He asked for the Council's consideration of adding it to the agenda by four -fifths vote. Mayor Pro Tem Spiegel moved to add Property Negotiation Item No. 3 to the agenda. Motion was seconded by Councilman Crites and carried by 5-0 vote. 3) Property: Joshua Hills Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Future Property Owner: Nature Conservancy Under Negotiation: x Price x Terms Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Renee Capela v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 021720 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Legal Counsel regarding significant potential to initiate litigation pursuant to Government Code Section 54956.9(c): Number of potential cases: 2 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 Public Employment pursuant to Government Code Section 54757: Titles of Positions: City Attorney City Manager Upon motion by Spiegel, second by Crites, and a 5-0 vote of the Council, Mayor Benson adjourned the meeting to Closed Session at 3:09 p.m. She reconvened the meeting at 4:05 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. No reportable action. VI. PLEDGE OF ALLEGIANCE - Councilman Jim Ferguson VII. INVOCATION - Councilman Richard S. Kelly VIII. ORAL COMMUNICATIONS - B At this time, Mayor Benson announced that during the month of October, Fire Station #33 of the Eastern Division of the Riverside County Fire Department, California Department of Forestry and Fire Protection, the Historical Society of Palm Desert, and Desert Sands Unified School District would be training Palm Desert third grade students in fire prevention and personal safety through the Fire Prevention and Mini -Muster program. She officially proclaimed that October 2003 would be "Fire Prevention and Mini -Muster Month" in the City of Palm Desert. MR. DAN CALLAHAN, representing the Historical Society of Palm Desert, introduced Captain Dan Talbot and firefighters from Fire Station #33. CAPTAIN DAN TALBOT commented that the Mini -Muster was a rewarding experience for him and his colleagues, and it was a much anticipated and long remembered event for Palm Desert third graders. He stated that the Mini -Muster would be held October 2, 7, 9, and 14 at Carter, Ford, Lincoln, and Washington Elementary Schools. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF SISTER CITIES INTERNATIONAL AWARD FOR INNOVATION: ARTS AND CULTURE BY SISTER CITIES COMMITTEE. On behalf of the Sister Cities Committee, Member Donna Jean Darby and Staff Liaison Donna Gomez presented the award to the City Council. Part of the award was the presentation of two banners announcing the honor, one 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 of which will be displayed at the Civic Center, the other at the McCallum Theatre, which has played an integral part of the cultural exchange with its Institute for Aesthetic Education Program. Chief Executive Officer Ted Giatas and Director of Educational Programs Kajsa Thuresson-Frary were present to accept the banner for the McCallum. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of August 28, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 47, 48, and 50. Rec: Approve as presented. C. CLAIMS AGAINST THE CITY (#s519A-D) by McKenzey Berry, Shelbey Robinson, Ashley Robinson, and Courtney Robinson in an Unspecified Amount. Rec: By Minute Motion, reject the Claims and direct the City Clerk to so notify the Claimants. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Empresas Castell, Inc., for Del Rios Fresh Mexican Grill, 73-520 El Paseo, 1 E-1 J, Palm Desert. Rec: Receive and file. Approved 4-0-1 (Ferguson ABSTAINING). E. MINUTES of City Committee and Commission Meetings. 1. Housing Commission Meeting of June 11, 2003. 2. Technology Committee Meeting of July 1, 2003. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 F. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C17663 — Consolidated Landscape Maintenance Area No. 1. Rec: By Minute Motion, approve Change Order No. 1 in the amount of $13,200, reducing the subject contract with Garza Landscaping, Inc., Indio, California, for decreasing maintenance fees by $1,100 per month for Consolidated Landscape Maintenance Area No. 1. G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C20830 — Construction of the Civic Center North Phase Carports. 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 Change Order No. 1 and Acceptance of Work for Contract No. C20900-B — Palm Desert Library Parking Lot Expansion (Contreras Construction, Indio, CA). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $900 to the subject contract and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base for the project; 3) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. I. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C20950 — Design/Engineering Plans and Specifications for the Palm Desert High School Cook Street Access (Project No. 602-02). Rec: By Minute Motion, approve Change Order No. 1 in the amount of $10,600 to the subject contract with Epic Engineers, Redlands, California, and authorize the Mayor to execute same. J-1 CONSIDERATION of Legislative Review Committee Action with Regard to SB 440 (Burton) — Binding Arbitration. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of August 19, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 440 (Burton). MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 J-2. CONSIDERATION of Legislative Review Committee Action with Regard to SB 619 (Ducheny) — Affordable Housing Standards. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of August 19, 2003, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 619 (Ducheny). K. REQUEST FOR APPROVAL of the City Auditor Selection Policy. Rec: By Minute Motion, approve the City Auditor Selection Policy. L. REQUEST FOR APPROVAL of the Desert Cities Track Club's Fifth Annual "Turkey Trot." Rec: By Minute Motion, authorize the Desert Cities Track Club to stage their Fifth Annual "Turkey Trot" on Thursday, November 27, 2003 (Thanksgiving Day) from 6:30 a.m. to 8:30 a.m. in the City of Palm Desert. M. REQUEST FOR APPROVAL of the Santa Rosa and San Jacinto Mountains National Monument Annual Celebration Use of Shopper Hopper. Rec: By Minute Motion, authorize the Santa Rosa and San Jacinto Mountains National Monument to use the Shopper Hopper for the "National Monument Annual Celebration" on Saturday, October 25, 2003, from 8:00 a.m. to 12:00 p.m. N. REQUEST FOR AUTHORIZATION to Fund the 30th Anniversary of the City of Palm Desert Activities, and Approval of the Possession and Consumption of Alcoholic Beverages In Connection with the Special Event. Rec: By Minute Motion: 1) Authorize the expenditure of $10,000 to produce a 30th Anniversary Celebration of the City of Palm Desert — funds are available in the FY 2003/04 Budget, Account No. 110-4416-414-3061; 2) authorize the possession and consumption of alcoholic beverages on City -owned property in connection with a special event, 30th Anniversary of the City of Palm Desert, scheduled to be held on Sunday, November 16, 2003. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 O. REQUEST FOR DECLARATION of Surplus Property and Disposal Authorization (Cellular Phones). Rec: By Minute Motion, authorize: 1) Sale of surplus AT&T cellular phones to City Employees at a cost of $5 per phone; 2) donate surplus to local non-profit organizations; 3) sell remaining phones to an outside vendor that specializes in the resale of obsolete wireless equipment. P. REQUEST FOR APPROVAL of Out -of -State Travel for the 2003 Watchable Wildlife Conference. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Q. INFORMATIONAL ITEMS: 1. City of Palm Desert Bail Schedule 2. Highway 111 Improvements Councilman Ferguson noted that he would be abstaining on Item D due to his legal representation of the owner of that establishment. Mayor Pro-Tempore Spiegel asked that Items G and P be removed for separate consideration under Section XI, Consent Items Held Over. Upon motion by Spiegel, second by Ferguson, the remainder of the Consent Calendar was approved by a 5-0 vote, with Councilman Ferguson ABSTAINING on Item D due to his legal representation of the owner of that establishment. XI. CONSENT ITEMS HELD OVER G. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C20830 — Construction of the Civic Center North Phase Carports. Mayor Pro-Tempore Spiegel said he had no opposition to the Change Order; however, the report did not discuss what will happen on top of the new carport. He said right now it has lattice across the top, and Mr. Conlon had indicated some fixtures might be installed that bring in light and create energy. Mr. Croy responded that staff was looking at the possibility of putting solar panels across the top, working with Bob Kohn and his energy program. If that is successful, it will become part of that program; if not, staff will look at an alternative source in the future. He said by next summer, there will either 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 be a cover over the carport or there will be some program working toward covering it with a solar paneled system. Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $5,300.62 to the subject contract with 4-Con Engineering, Inc., Fontana, California, and authorize the Mayor to execute same; 2) authorize the Director of Finance to expend $5,300.62 available in the project contingency. Motion was seconded by Kelly and carried by a 5-0 vote. P. REQUEST FOR APPROVAL of Out -of -State Travel for the 2003 Watchable Wildlife Conference. Mayor Pro-Tem Spiegel asked for clarification of this item and how it is appropriate to the City. Councilman Crites responded that he had last attended this conference in 1996 when it was held in Huntington Beach. From that conference came a number of things the City is using in the national monument planning effort as well as ideas for local trails. He said the Multiple Species Plan was now being looked at, trying to figure out, along with protection of wildlife and habitat, what can be done to further strengthen the Convention and Visitors Bureau and bring people here to experience what increasingly is uncommon in Southern California but do it in a way that does not negatively impact on the resources that need to be protected. Mayor Pro-Tempore Spiegel moved to, by Minute Motion, approve the subject request for Councilman Buford Crites to attend the subject conference in McAllen, Texas, November 11-14, 2003. Motion was seconded by Ferguson and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 03-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2002/03 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS. Councilman Crites moved to waive further reading and adopt Resolution No. 03-98. Motion was seconded by Spiegel. Councilman Kelly requested a report providing a comparison summary to show exactly how the Fiscal Year 2002/03 budget ended. Mayor Benson called for the vote, and the motion carried by a 5-0 vote, with staff asked to return to the City Council with a report providing a comparison summary showing exactly how the FY 2002/03 budget ended. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1052 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE FROM OFFICE PROFESSIONAL TO RESIDENTIAL ESTATES 40,000 FOR A 1.02-ACRE LOT LOCATED AT 77-935 DELAWARE PLACE Case No. C/Z 03-07 (Thomas Barnett, Applicant). Councilman Kelly moved to waive further reading and adopt Ordinance No. 1052. Motion was seconded by Spiegel and carried by a 5-0 vote. XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION BY THE ARCHITECTURAL REVIEW COMMISSION, APPROVING AN 18-FOOT ROOF HEIGHT FOR THE DWELLING LOCATED AT 73-380 PINYON STREET Case No. MISC 03-26 (Carole Westrick, Appellant). Parks and Recreation Planning Technician Ryan Stendell reviewed the staff report and recommendation in detail. He noted that the appellant's home was directly north of the property in question, and her back yard would directly face the 93 feet of roof span. The appellant had asked if an alternative could be found that would be acceptable to everyone. After review of the roof design, staff concluded that an alternative design could lower the roof ridge and move it closer to the street, keeping it out of her view a little bit more. This would create a flat roof section over the property owner's patio and adjust the roof ridge out toward the street, making it 15 feet in height. A second alternative had been suggested by the property owner where the portion of the roof ridge that was currently 18 feet in height would be 30 feet rather than 93 feet. That alternative was received just that afternoon. MR. THOMAS BOMAR, 73-365 Juniper Street, stated that he and his wife, Carole Westrick, were the appellants in this case. He said though they purchased their home with the understanding that there was an adjacent vacant lot and that something would be built there, they asked that it be something reasonable. He reviewed his letter dated September 11, 2003 (on file and of record in the Office of the City Clerk). He said the felt the applicant 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 should go back to design review to come up with an alternative which makes everyone happy. MS. CAROLE WESTRICK, Appellant, said they just wanted to keep a little bit of the view from their home. MR. KEN NICHOLS, Architect for the project, 3752 Aster Way, Salt Lake City, Utah, noted that the pad elevation was set at the lowest point at which it could be set and still maintain adequate drainage from the site. With regard to the roof line, he felt the new proposal, where the ridge line had been reduced from 90 feet to 30 feet was a reasonable accommodation and significantly reduced the impact of the home. To go to a flat roof concept was objectionable to the owner. The roof pitch was down to the absolute minimum to still guarantee adequate drainage. He asked that the Council approve the project plans as amended. Mayor Pro-Tempore Spiegel stated that the Minutes of the Architectural Review Commission did not have any discussion, merely the motion for approval. Mr. Stendell responded that at that meeting, there were no issues with the house as proposed. Mr. Smith noted that there was discussion at the meeting. Given the excessive setbacks this home has, the Commission felt the 18-foot height was not an issue. Upon question by Mayor Pro-Tempore Spiegel, he responded that the appellant was not present at the Architectural Review Commission meeting. Councilman Crites asked what the roof heights were for the homes on the east and west side. Mr. Stendell responded that the east side was 15 feet, and the west was 13 feet. Upon further question by Councilman Crites, he responded that the house on the east did not have a flat roof. Councilman Crites said he assumed, then, that if a pitched roof is important, it can be done at 15 feet, 16 feet, 18 feet, etc. He asked if someone could have a flat roof at 18 feet, and Mr. Stendell responded that it could be done. Councilman Crites stated that this was a matter of architecture rather than a matter of space requirement, and Mr. Stendell agreed. Councilman Crites questioned pad heights for the homes immediately to the east and west in comparison to this one, and Mr. Stendell responded that the grading to the east is about two feet lower, and the west one is about one -and -a -half to two feet higher, with the street sloping upward as it goes west. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 Councilman Ferguson asked where the appellants' home was in relation to the home being discussed, and Mr. Stendell responded that it was directly to the north of it, directly behind it. He asked if the appellants' had received notice of the Architecture Review Commission hearing, and Mr. Smith responded that they did not receive notice. Upon further question, Mr. Smith responded that staff does not normally send notices to adjacent property owners for Architectural Review Commission meetings, although the Agenda itself is published at City Hall. Councilman Ferguson stated that he would like to see this matter returned to Architectural Review Commission with the appellants and the applicant. Councilman Ferguson moved to, by Minute Motion, refer the matter back to the Architectural Review Commission. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR AUTHORIZATION TO ADVERTISE AND CALL A REQUEST FOR QUALIFICATIONS (RFQ) FOR DESIGN SERVICES FOR CITY BUS SHELTER(S). Councilman Ferguson noted that he would be abstaining from this item, as he represents a company that advertises on bus shelters. Councilman Crites moved to, by Minute Motion, authorize staff to advertise and call for a Request For Qualifications (RFQ) for the subject design services. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Ferguson ABSENT. C. REQUEST FOR APPROVAL OF THE DEVELOPMENT AND EXECUTION OF A MUTUAL AID AGREEMENT FOR CRITICAL ASSISTANCE IN AN IMMEDIATE POST -DISASTER PERIOD (CONTRACT NO. C21830). Councilman Kelly questioned what the advantage of this contract would be to the City and what the contractor would be providing. Risk Manager Gary Rosenblum reviewed the staff report and scope of services. He said the contractor would provide building and safety related services that would be resulting from rebuilding, permitting, that are FEMA- related. All of the residents of the City who would be involved with FEMA recovery would be coming to the City to get forms, to find out how to fill them, obtain FEMA reimbursements, etc. He said this contractor has special expertise and experience in this type of thing, and their services are paid through reimbursements to the City by FEMA, which the City might not otherwise recover if City staff were to perform these services. Another advantage to the City was in the way of accounting for the time and resources spent. If the City did not have this contractor doing the service, it would have to track the overtime of all the City employees. FEMA reimburses cities for overtime but not for normal City services, so the City 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 would have to account and distinguish separately those employee hours. The contractor would take care of all of that accounting, tracking it through the City and providing it to FEMA. Mayor Pro-Tempore Spiegel moved to, by Minute Motion: 1) Approve the development and execution of the subject agreement (C21830) between the City of Palm Desert and Willdan of San Bernardino, California, to provide critical assistance to the City in an immediate post -disaster period; 2) authorize the Mayor to execute a Letter of Intent between the parties for this purpose — no funds to be expended with execution of Letter of Intent, only if/when the need arises for said services. Motion was seconded by Crites and carried by a 5-0 vote. D. REQUEST FOR RATIFICATION OF THE CITY MANAGER'S APPROVAL OF CONTRACTS WITH EES CONSULTING AND ENCO UTILITY SERVICES (CONTRACT NOS. C21530 AND C21650). Mr. Ortega noted the staff report in the packets and offered to answer any questions. He also noted that representatives of EES Consulting were also available to answer any questions. Councilman Crites noted that these were contracts already authorized by the City Manager. He asked when the Council will receive a study that allows for decisions to be made in terms of costs, long-term rates, etc. Mr. Kohn responded that the feasibility study being done by EES should be complete in about a week, and it would cover all of those issues except the long-term operation and maintenance. The information should be before Council some time in October. Councilman Crites asked what this would do in terms of Desert Gateway and when they needed an answer from the City as far as which direction they go. Mr. Kohn responded that staff met with Tom Noble and Bill Carver yesterday and discussed this issue. They cannot provide the City with a specific "drop dead" date, but they are looking at April as far as needing their first electric meter, and staff felt their schedule could be met. Upon question by Mayor Benson, Mr. Kohn responded that when the feasibility study is completed and presented to the Council in October is when the Council can decide whether or not it wants to form a spot municipal utility. Mr. Ortega stated that there were two things that needed to happen. One was an independent study to be done to say if these are the rates for the purchase of electricity, and these are the rates for the distribution of electricity, it is feasible for the City to do so. That feasibility study will be completed in approximately a week and staff will try to get it to the Council 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 at its first meeting in October. The other decision Council will need to make is who will operate it, and staff will provide an operational agreement for Council to consider. He noted the consultant's opinion, even though he is not through with the feasibility study, was that it was feasible. Upon question by Mayor Benson relative to the Council only considering Enco Utility Services, he responded that at this point the report indicated that based on the proposals reviewed by Mr. Kohn, discussions he had, and field trips taken, it was felt Enco had the experience and ability necessary to do this. Councilman Kelly said he felt the Council could approve staff's first recommendation for a feasibility study and then consider the other two items once the feasibility study is done. Mr. Kohn noted the reason for the second recommendation, design services and filing of an interconnection agreement with Southern California Edison, was that if it is not filed in a timely manner, the City would not be able to serve the Gateway development. Upon question by Councilman Kelly as to what would happen if the City then decided not to proceed, he said the City would lose the filing fee. Councilman Kelly said he wanted to make sure everyone understood that the feasibility study will be done, and the City will invest $27,000 for design services and filing of an interconnection agreement with Edison so that it can do the utility if the feasibility study turns out positive. If it decides not to proceed, it would lose that $27,000. Councilman Ferguson stated that the last several times the Council discussed this issue, several members of the Council made it clear this was not committing the City to anything, that this would reserve the ability to look at something. He felt Recommendation #1 for the feasibility study was an attempt to look at it; however, he was uncomfortable that the people who will advise whether it is feasible or not are the people the City will end up contracting with, and he felt there was a conflict there. He noted that a neighboring city went down this same road with Enco, got their feasibility study, hired an independent consultant to review the feasibility study who poked a bunch of holes in it, and at least according to one Councilmember, if the City of Indian Wells was going to go forward with it, they would not go forward with Enco. He said if Enco was going to do the feasibility study, he would be curious to know who will review the findings. Mr. Kohn noted that EES was doing the feasibility study. He said the City of Indian Wells was looking at eminent domain and existing system, while the City of Palm Desert was looking at new development. Councilman Ferguson noted that the revenue projections Indian Wells got from Enco proved to be erroneous, at least in their fundamental assumptions. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 Mr. Kohn stated that he had had preliminary conversations with EES, and the numbers and items used were right on the mark. Councilman Ferguson said he felt the Council should look at the feasibility study and as far as the interconnection application, he felt the Gateway development should not determine for the City of Palm Desert what it is going to do for its residents simply because the timing may or may not work with their current development schedule. He said he would be in favor of approving Recommendation #1 and waiting on the others. Mr. Ortega noted that given the time frame given to the City by Desert Gateway, the interconnection application had to be filed now so that Southern California Edison could go through its process to give the City the interconnection. The chance the City would have taken by not filing the interconnection application would be that even if it was feasible, by the time Edison got through with their project, the City would not be able to serve Desert Gateway. From the analysis perspective, he felt it was very important to include Desert Gateway because that is what provides the feasibility for that area. Councilman Kelly said he felt $27,000 was a small investment to make to be sure the City does not lose such a large piece of the action. Councilman Kelly moved to, by Minute Motion: 1) Ratify Contract No. C21530 in the amount of $38,000 with EES Consulting, Kirkland, Washington, for a Spot Utility Feasibility Study and contract negotiation assistance; 2) ratify Contract No. C21650 in the amount of $27,000 with Enco Utility Services, Anaheim, California, for design services and filing of an Interconnection Agreement with Southern California Edison; 3) defer action on staffs third recommendation for "update on the proposed Palm Desert "Spot" Municipal Electric Utility." Motion was seconded by Crites. MS. KATHLEEN DeROSA, Public Affairs Region Manager for Southern California Edison, reported significant and dramatic rate reductions. She said Edison stood ready to assist the City as it assesses its energy needs and options, and Edison staff stood ready to work with City staff and Council to understand the complexities of the utility business. She added that Edison looked forward to working with the City of Palm Desert to explore what community choice aggregation would mean to the Council, to the residents, and to the businesses. She thanked staff and Councilman Crites for the opportunity to meet with them all last week to show the significant positive impact that the rate reduction of August 1 is currently having on the residents and businesses of Palm Desert. Those reductions for the residents were anywhere between 16% and 30% reduction in the cost of their power bills. MR. KERMIT MARTIN, 45-875 Del Coronado, Palm Desert, said he did not think the residents of the City of Palm Desert had had a chance to review and 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 discuss the question of whether or not the City should be in the utility business. He said he did not think the City had presented its master plan to the citizens for discussion and approval. He suggested that the Council take another look at this, and he felt the Council had an obligation to inform the residents of its plans. Upon question by Councilman Ferguson relative to whether the consultant's report will be made public, Mr. Ortega responded that it is a public document, and the City wants its residents to review and comment on it. Mayor Benson called for the vote. The motion carried by a 5-0 vote. XV. CONTINUED BUSINESS A. CONSIDERATION OF THE REGULATION OF SEGWAY AND OTHER MOTORIZED NON -VEHICLE DEVICES. MR. PAUL WORLIE, Segway LLC, 5130 Harmony Lane, La Mesa, California, said they had spent a great deal of time speaking throughout the community, including College of the Desert, Joslyn Senior Center, and Chamber of Commerce. He said the Segway was developed by as an alternative form of transportation to get people out of their vehicles, with the idea that 70% of all car trips in the country today are done by one person, between three- quarters of a mile and seven miles, and it is a huge waste of gasoline and energy. He felt this vehicle would fit in well with the Palm Desert community, and he appreciated the opportunity to work with the City and staff. He said Segway was supportive of the California law which allows local municipalities to regulate Segways however they see fit. He offered to answer any questions. Mayor Pro-Tempore Spiegel said the Segway use would be valuable if it ever grows, but right now there are only two in the Valley. If they do grow in the future, he felt there should be certain restrictions: 1) That no one under the age of 16 be allowed to operate them; 2) that operators must wear a helmet; 3) mandatory Segway training for anyone who purchases one of the vehicles; 4) that the person who purchases a Segway for $5,000 have insurance; 5) that they not be allowed on the sidewalks of El Paseo from Highway 74 to Portola Avenue; 6) that the operator be licensed by the City to operate the vehicle. Councilman Crites moved to, by Minute Motion, direct staff to prepare the appropriate report that would come back to the Council to implement prohibition of all MNVD or selected MNVD, such as the Segway, only in specific locations in the City (e.g. El Paseo sidewalks) (Option No. 4), also considering the following suggested additional restrictions: 1) No operators under the age of 16; 2) operators must wear a helmet; 3) fulfillment of mandatory Segway training; 4) owner to provide insurance for the MNVD; 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 5) no MNVD on the sidewalks of El Paseo from Highway 74 to Portola Avenue; 6) operator must obtain a City license to operate the MNVD. Councilman Ferguson agreed and said he felt this was a motor vehicle capable of going 25 miles per hour, and it was not much different than a golf cart, which the City has lanes for. The City also has lanes for bicycles and does not encourage either bikes or golf carts on sidewalks. He said he did not see why the City would not regulate this like it does anything else, requiring proof of insurance, etc. He said a California driver's license would take care of the age concern, and staff could recommend whether or not helmets should be used. He added that he had watched a very impressive 30-minute segment on "60 Minutes" with the Segway founder and thought the implications of what this may hold for the future quite profound. MR. WORLIE noted that top speed of these vehicles was 12 I/2 miles per hour, not 25 miles per hour. Upon question by Councilman Ferguson, he stated that there are three keys which regulate the top speed of the vehicle (when you're on the black key - 5 miles per hour; yellow key - 7 1/2 miles per hour; red key - 12 %2 miles per hour). Mayor Benson said she felt this was something reasonable with Mayor Pro- Tempore Spiegel's suggestions of what people can and cannot do, and the market will dictate how many there are operating throughout the City. Councilman Ferguson stated that if there are areas where a sidewalk might be appropriate, such as at the College, speed limits can be set at perhaps 5 miles per hour, with roadways at 12 I/2. He said to ban these vehicles did not seem wise. Councilman Ferguson seconded the motion, and it carried by a 4-1 vote, with Councilman Kelly voting NO. XVI. OLD BUSINESS None 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 XVII. PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST FOR APPROVAL OF A HEIGHT EXCEPTION (TOWERS TO A MAXIMUM 57 FEET IN HEIGHT, AND SIGNS MOUNTED ABOVE 20 FEET IN HEIGHT) TO ALLOW THE REMODEL AND EXTERIOR MODIFICATION TO THE FORMER HOUSE TO HOME BUILDING LOCATED AT 72-700 DINAH SHORE DRIVE Case No. MISC 03-22 (MCA Architects, Inc., Applicant) (Continued from the meeting of August 28, 2003). Planning Manager Steve Smith stated that at the last meeting, Council asked staff to come up with some line of sight drawings, and that had been done. Staff had also taken photographs of the building in question and the area around it, and he showed and explained those photographs. He said one tower would not have any signage on it. On the east end, the other tower element with the signage would be located. On the northeast there was another tower which was over the loading dock. Mayor Benson asked the height of the Lighthouse tower, and Mr. Smith responded that the architect's drawing showed it with an element at about 44 feet. Upon further question, he said the maximum height of any signage was 48 feet. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. ED FRANKLIN, Managing Partner of the ownership of this property, noted that the pad elevation of his building was 20-25 feet below grade on Dinah Shore Drive. The tower elements proposed were not limited to an architectural approach alone; they were to serve a function — building identification for tenants. He said they were trying to overcome the major objection they had had thus far in attracting tenant interest in this property. The tower on the southeast corner of the building was lower than the tower elevations on the newly constructed building in the same center. He added that the tower on the northeast corner of the building, which fronts the freeway and the Monterey overpass, was at the lowest possible elevation to still try to provide some identity to the building. He said the facade improvements were being undertaken speculatively because they did not have any tenants pending at this time. He requested approval in advance of the ICSC (International Council of Shopping Centers) convention taking place next week here in the desert. With no further testimony offered, she declared the public hearing closed. Councilman Ferguson stated that he had asked for the site analysis to be done, and he did not have any further concerns. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 Mayor Benson said that while she was against that height, in that location it was necessary to do something, and she agreed with Councilman Ferguson that the building has been empty far too long. Councilman Ferguson moved to, by Minute Motion, approve the requested height exception for the tower elements and signs. Motion was seconded by Spiegel and carried by a 5-0 vote. B. CONSIDERATION OF A COUNCIL CALL-UP OF THE PLANNING COMMISSION'S APPROVAL OF A REQUEST, AMENDING A CONDITION OF APPROVAL BY DELETING THE REQUIREMENT TO CONSTRUCT A 6-FOOT WIDE, 90 LINEAL FOOT LONG CONCRETE SIDEWALK FOR A TRIPLEX APARTMENT PROJECT UNDER CONSTRUCTION AT 74-140 CANDLEWOOD STREET (BETWEEN SHADOW MOUNTAIN DRIVE AND QUAILBRUSH AVENUE) Case No. PP 02-15, Amendment No. 1 (A. R. Woolworth d.b.a. Westwind Development, Applicant). Mr. Drell reviewed the staff report, noting a landscape plan was originally submitted showing this six-foot sidewalk. After the time for appeal, the applicant determined he did not want to put the sidewalk in for various reasons and filed for an amendment. Planning Commission voted to approve the deletion of the requirement to construct the sidewalk. After the Planning Commission hearing, staff measured the area and found there was between 10Y2 and 11 feet of room between the curb and the wall, leaving approximately five to six feet for landscaping after a five-foot sidewalk. He noted there was also an issue of an olive tree, which was exactly five feet from the curb. Assessment by the City's landscape experts was that this olive tree was not particularly healthy to begin with and was not necessarily worth preserving. He noted staff's recommendation was that the sidewalk be narrowed to five feet, which still allows room for trees to be planted in the remaining area. He offered to answer any questions. Mayor Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. No testimony was offered, and she declared the public hearing closed. Councilman Crites moved to waive further reading and adopt Resolution No. 03-99, reversing the Planning Commission's approval of Case No. PP 02-15, Amendment No. 1. Motion was seconded by Spiegel and carried by a 5-0 vote. NOTE: Pursuant to the mailed legal notice received, the Applicant's representative appeared at the Council Chamber at 7:00 p.m. for this hearing and objected that it had gone forward without their testimony. Subsequently, the City Attorney determined that the matter should be re -noticed and rescheduled for public hearing at the next regular City Council Meeting. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 XVIII. REPORTS AND REMARKS A. CITY MANAGER Mr. Ortega noted there was a late item that he requested City Council's consideration of adding to this agenda. Councilman Crites moved to add consideration of a reimbursement agreement with the City of Rancho Mirage for construction of improvements along Dinah Shore Drive. Motion was seconded by Councilman Ferguson and carried by 5-0 vote. REQUEST FOR APPROVAL OFA REIMBURSEMENT AGREEMENT WITH THE CITY OF RANCHO MIRAGE FOR CONSTRUCTION OF THREE THROUGH WESTBOUND LANES, CURB AND GUTTER, MEDIAN, AND UNDERGROUNDING OF OVERHEAD UTILITIES ON DINAH SHORE DRIVE FROM MIRIAM WAY TO KEY LARGO AVENUE (CONTRACT NO. C21850). Mr. Ortega reviewed the staff report and recommendation. Councilman Crites asked if the two cities were doing a cooperative median landscape. Management Analyst Ryan Gayler responded that according to the City of Rancho Mirage, they would be putting in desert gold sand at this time rather than landscaping, waiting for development to come in along Dinah Shore, and then put in the landscaping at that time. He added that it would be cooperative, and it would be per the established plant palette that was utilized on Monterey Avenue. City Engineer Mark Greenwood added that the plans for this cooperative project are for there to be six lanes on Dinah Shore from Monterey west almost to Bob Hope; it would only be four lanes at Bob Hope due to the rather large utility poles there, which are within the Rancho Mirage city limits. He said he did not think Rancho Mirage had any plans to go to six lanes west of Bob Hope Drive. Councilman Kelly moved to, by Minute Motion, authorize the Mayor to execute the subject agreement with the City of Rancho Mirage. Motion was seconded by Ferguson and carried by a 5-0 vote. B. CITY ATTORNEY None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2003 C. CITY CLERK Mrs. Klassen reported that the Riverside County Registrar of Voters' Office announced there would be Early Voting at Westfield Shoppingtown - Palm Desert, September 27 - October 4 for the Statewide Special Election on Tuesday, October 7. D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Councilman Crites asked for a report on the West Nile Virus Action Plan, detailing how it will be implemented and how the public will be notified. o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT Upon motion by Spiegel, second by Crites, and a 5-0 vote of the City Council, Mayor Benson adjourned the meeting at 5:48 p.m. ATTEST: RACHELLE D. KLASSE,CITY CLERK CITY OF PALM DESERT, CALIFORNIA ,fANif"— & . Af/14"1,- M. BENSOIG, MAYOR 20