HomeMy WebLinkAbout2004-08-26MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 26, 2004
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Spiegel convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tem Buford A. Crites
Councilman Jim Ferguson
Councilman Richard S. Kelly arrived at 3:03 p.m.
Mayor Robert A. Spiegel
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attomey
Homer Croy, ACM for Development Services
Justin McCarthy, ACM for Redevelopment
Stephen Y.. Aryan, Assistant to the City Manager
Rachelle D. Klassen, City Clerk
Mark D. Greenwood, City Engineer
Amir Hamidzadeh, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Michael J. Errante, Director of Public Works
David Yrigoyen, Director of Redevelopment and Housing
Robert P. Kohn, Director of Special Programs
Duane K. Munson, Interim Director of Human Resources
III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS)
None
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004
IV. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
1) Property: APN 618-490-025 (10 acres)
Negotiating Parties:
Agency: Carlos L. Ortega/Justin McCarthy/
City of Palm Desert/Palm Desert Redevelopment Agency
Property Owner: City of Palm Desert/County of Riverside
Under Negotiation: x Price x Terms of Payment
2) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 106, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Coachella Valley Economic Partnership
Under Negotiation: x Price x Terms of Payment
3) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 103, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: National Multiple Sclerosis Society
Under Negotiation: x Price • x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) City of Palm Desert v. Bananaz Grill & Bar, Riverside County
Superior Court
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 2
On a motion by Councilmember Benson, second by Councilman Ferguson, and
4-0 vote of the City Council, with Councilman Kelly ABSENT, Mayor Spiegel adjourned the
meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004
V. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
VI. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Buford A. Crites
VII. INVOCATION - Councilman Jim Ferguson
VIII. ORAL COMMUNICATIONS - B
None
IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. PRESENTATION OF PROCLAMATION DECLARING AUGUST 2004 AS
"NATIONAL IMMUNIZATION AWARENESS MONTH" IN THE CITY OF
PALM DESERT.
On behalf of the City Council, Mayor Spiegel presented the framed
proclamation to an Inland Empire Health Plan (IEHP) representative in
attendance, and he emphasized the importance of immunization from birth
throughout a person's lifetime.
B. PRESENTATION TO RECOGNIZE BEVERLY BERGH FOR HER SERVICE
TO THE CITY OF PALM DESERT AND ITS LIBRARY PROMOTION
COMMITTEE.
On behalf of the City Council, Mayor Spiegel presented an engraved crystal
clock to Ms. Bergh, thanking her for the time she gave as a member of the
City's Library Promotion Committee. He noted that the City was sorry to lose
Ms. Bergh, as she had moved out of the City and, per policy, was no longer
eligible to serve in that capacity.
C. PRESENTATION TO RECOGNIZE BETHANY WALKER FOR HER
SERVICE TO THE CITY OF PALM DESERT AND ITS
YOUTH COMMITTEE.
As Ms. Walker was already attending classes at Cal State Fullerton,
Mayor Spiegel presented an engraved crystal clock to her mother,
Lt. Colleen Walker of the Palm Desert Sheriffs Substation. Mayor Spiegel
conveyed the City's thanks for Bethany's participation as one of the Youth
Committee's first members.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004
D. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES
FOR EXCEPTIONAL SERVICE — AUGUST 2004.
On behalf of the City Council, Mayor Spiegel and Mr. Ortega recognized the
following employees for outstanding performance: Terry Cechin,
Ahmad Karimi, Mike Brown, Sergio Rosas, Ed Gallardo, Phil Joy,
Marisol Lopez, Claudia Jaime, Tonya Monroe, and Donna Quaiver. Each
was presented with a certificate of recognition and a $100 gift certificate.
X. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meetings of July 8, July 22, and
August 12, 2004.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. for FY 2003/04 and FY 2004/05: 251, 254, 260, 261; 1, 2, 4, 8, 9, 12,
15, 16, 19, 23, 24, 27, 31, 32, and 35.
Rec: Approve as presented.
C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for the
Months of May 2004 and June 2004 (Joint Consideration with the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
D-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Bradley K. Hughes for The Jetty Incorporated, 72-191 Highway 111,
Palm Desert.
Rec: Receive and file.
D-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by
Mary Duggan and Michael Duggan for Napas Tapas, 73-900 El Paseo, #2,
Palm Desert.
Rec: Receive and file.
D-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Teri Lockard for
Cafe Marche, 73-375 El Paseo, Suite F, Palm Desert.
Rec: Receive and file.
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D-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Silvia Ortega
and Ubaldo Ortega for Las Brasas, 73-121 Country Club Drive, Suite A5,
Palm Desert.
Rec: Receive and file.
D-5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by
Hung Sheng Cheng and Li Chuan Huang for Dragon Gate Chinese
Restaurant, 44-491 Town Center Way, 5, Suite E, Palm Desert.
Rec: Receive and file.
D-6. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Anju Gore Verma and Rajesh Kumar Verma for Monsoon,
73-675 Highway 111, Palm Desert.
Rec: Receive and file.
E. MINUTES of City Committee and Commission Meetings.
1. Entrada del Paseo Steering Committee Meetings of May 12, and
June 23, 2004.
2. Housing Commission Meeting of June 9, 2004.
3. Investment & Finance Committee Meeting of May 26, 2004.
Rec: Receive and file.
F. LETTER OF RESIGNATION from Peggy Steen — Sister Cities Committee.
Rec: Receive with very sincere regret.
G. LETTER OF RESIGNATION from Bethany Walker — Youth Committee.
Rec: Receive with very sincere regret.
H. REQUEST FOR DECLARATION of Surplus Property and Authorization to
Sell — Civic Center Park Central Irrigation Controller.
Rec: By Minute Motion, declare various electronic components of the
obsolete Civic Center Park Barrington Central Irrigation Controller as
surplus property and authorize sale of said equipment to
LBT Engineers, Inc., Coronado, California.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004
REQUEST FOR APPROVAL of CD Imaging of Finance Department
Accounts Payable, Cash Receipts, Bank Reconciliations,
Business License Files, Ledgers, and Joumals.
Rec: By Minute Motion: 1) Approve the CD imaging of the subject Finance
Department Records for the periods 1999 - 2001; 2) authorize
California CD Imaging Center, Rancho Cucamonga, California, to
perform said services, per the proposal of June 28, 2004.
J. REQUEST FOR RATIFICATION of an Agreement for Professional
Services -- Interim Director of Human Resources (Contract No. C23020).
Rec: By Minute Motion, ratify authorization of the City Manager and Mayor,
and approve the subject contract with Duane Kenneth Munson in the
amount of $10,000 per month (excludes benefits).
K. REQUEST FOR APPROVAL of Various Contractor Services for Plumbing,
Electrical, and Heating/Air Conditioning Services (HVAC) on an As -needed
Basis.
Rec: By Minute Motion, approve the named contractors on the
accompanying staff report as authorized to provide services to the
City of Palm Desert based on hourly rates and availability for work on
projects needing immediate attention.
L. REQUEST FOR APPROVAL of the Purchase of Aftermarket Automotive
Parts, Tools, Equipment, and Services on an As -needed Basis.
Rec: By Minute Motion, approve the use of NAPA Auto Parts to supply
general aftermarket automotive parts, tools, equipment, and services
as needed for fleet maintenance.
M. REQUEST FOR APPROVAL of Fleet Repair Services.
Rec: By Minute Motion, approve the use of Hovley Tire, Palm Desert, for
general fleet repair services that cannot be accomplished by the City's
Mechanic, or under warranty or manufacturer specification.
N. REQUEST FOR APPROVAL of Agreement for the Installation and Storage
of Holiday Decorations (Contract No. C19354).
Rec: By Minute Motion, authorize the Mayor to execute the subject
agreement with The Jarvis Company, Brentwood, California, in the
amount of $9,548.19 — funds are available in Account
No. 110-4416-414-3061.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004
O. REQUEST FOR APPROVAL of the Extension of Contract for Citywide Office
Supplies (Contract No. C21271).
Rec: By Minute Motion, approve a one-year extension to the subject
contract with Office Depot, with one possible one-year extension.
P. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C20580C — Architectural Services for the Mesa View Fire Station.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$27,000 to the subject contract with Urrutia, AIA & Associates,
Palm Springs, Califomia, for additional architectural services for the
Mesa View Fire Station Renovation Project and authorize the Mayor
to execute same.
Q. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract
No. C22100A — Construction Management Services for the Aztec Road at
Cook Street Intersection Improvements (Project No. 602-02).
Rec: By Minute Motion, ratify the City Manager's approval of Change Order
No. 1 in the amount of $17,000 to the subject contract with Coachella
Valley Construction Services, Indio, Califomia, for additional hours
required on site, and authorize the Mayor to execute same.
R. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20910C —
Construction of the Street Improvements at Highway 111 Between Cabrillo
and Hospitality Row (Project No. 635C-00) (Granite Construction Company,
Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
S. REQUEST FOR ACCEPTANCE OF WORK for Contract
No. C20920A — Construction of the Portola Avenue Widening Between
El Cortez and San Marino (Yeager Skanska, Inc., Riverside, 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.
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REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 26, 2004
T. REQUEST FOR AUTHORIZATION to Execute a Quitclaim Deed to Perfect
the Intent of Approving Parcel Map Waiver 04-14 — Joslyn Senior Center and
the Proposed Community Room on Catalina Way.
Rec: By Minute Motion, authorize the Mayor to execute the subject
Quitclaim Deed, which will implement the adjusted lots, pursuant to
the Certificate of Compliance Parcel Map Waiver No. 04-14, as
approved by the City of Palm Desert Planning Commission on
August 3, 2004.
U. CONSIDERATION of Sidewalk and Bike Lane on Grapevine Street.
Removed for separate discussion under Section XI, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
V. CONSIDERATION of Request to Refund Art In Public Places Fee for an
Unrealized Project at 73-411 Highway 11 (Allied District Properties, Corp.,
Applicant).
Rec: By Minute Motion, approve the return of Allied District Properties,
Corp.'s Art In Public Places Fee in the amount of $1,585 for the
subject project.
W. REQUEST FOR APPROVAL of a New Replacement Sculpture Design for
the 2005/06 El Paseo Exhibition.
Rec: By Minute Motion, concur with the Art In Public Places Commission
and approve the replacement sculpture by Jon Seeman for the
2005/06 El Paseo Exhibition.
X. REQUEST FOR APPROVAL of the Sale, Possession, and Consumption of
Beer and Wine on City -owned Property in Connection with a Special Event,
the 2004 Palm Desert Golf Cart Parade.
Rec: By Minute Motion, permit the sale, possession, and consumption of
beer and wine on City -owned property in connection with a special
event, the Palm Desert Golf Cart Parade, scheduled to be held on
Sunday, November 7, 2004.
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Y. REQUEST FOR WAIVER OF FEES Associated with the Historical Society
of Palm Desert's Fifth Annual "Ed Mullins Picnic In The Park."
Rec: By Minute Motion, waive fees associated with the subject event,
scheduled to be held on Sunday, March 20, 2005, at Pavilion #1 in
the Palm Desert Civic Center Park.
Z. REQUEST FOR APPROVAL of Out -of -State Travel for the International
Festival and Events Association's (IFEA) Certification/Training/Conference
in Boston, Massachusetts.
Rec: By Minute Motion, approve out-of-state travel for the Community
Services Division's Senior Management Analyst to attend the annual
IFEA Conference November 8-12, 2004, in Boston, Massachusetts —
funds are available in Account No. 110-4132-411-3120.
AA. REQUEST FOR APPROVAL of Out -of -State Travel for the Autodesk
University User Conference in Las Vegas, Nevada.
Rec: By Minute Motion, approve out-of-state travel for Public Works
Department's Transportation Engineer to attend the Autodesk
University User Conference November 30 - December 3, 2004, in
Las Vegas, Nevada — funds are available in Account
No. 110-4300-413-3120.
BB. REQUEST FOR RATIFICATION of Advertising Buys in Good Housekeeping
Magazine for Fiscal Year 2004/05.
Rec: By Minute Motion, ratify the expenditure of $40,945 for advertising
buys in Good Housekeeping Magazine for FY 2004/05 — funds are
available in the current Marketing Budget.
CC. REQUEST FOR APPROVAL of Financial Support for the 2-1-1 Social
Services Hotline.
Rec: By Minute Motion, approve the City of Palm Desert's financial
participation in the 2-1-1 Social Services Hotline in the amount of
$5,350 ($0.13 per resident) and appropriate said funds from the
Unobligated General Fund to Account No. 110-4159-415-3090 for this
purpose.
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DD. REQUEST FOR RATIFICATION of the City Manager's Approval of Change
Order No. 1 to Contract No. C22880 —Tenant Improvements at the Parkview
Office Complex, Suite No. 222.
Rec: By Minute Motion, ratify the City Manager's approval of Change Order
No. 1 in the amount of $5,144 to the subject contract with Doug Wall
Construction, Inc., Bermuda Dunes, California, and appropriate said
funds from Fund 510 for this purpose.
EE. REQUEST FOR APPROVAL for Original Equipment Manufacturer (OEM)
Repair and Maintenance Services for Fiscal Year 2004/05.
Rec: By Minute Motion, approve use of the following OEM vendors for
FY 2004/05: 1) Palm Springs Motors; 2) Unicars Honda;
3) Crystal Chrysler; 4) Turf Star; 5) Ground Works; 6) Kelly
Equipment; 7) Johnson Power Systems; 8) R.D.O. Equipment;
9) GCS Western Power & Equipment.
FF. REQUEST FOR APPROVAL of Various Vendor Services Provided to the
City of Palm Desert for Fiscal Year 2004/05.
Rec: By Minute Motion, approve use of the following vendors for a variety
of services to be provided to the City of Palm Desert for FY 2004/05:
1) Stan's Truck and Tire; 2) Parkhouse Tires; 3) K&C Mowers;
4) ICI Dulux Paint; 5) Tops N Barricades; 6) Desert Electric Supply;
7) Harv's Car Wash; 8) Anderson Communication; 9) Z Best Grinding;
10) Desert Filter Recycling; 11) San Diego Rotary Broom;
12) Safety Kleen.
GG. REQUEST FOR APPROVAL of the Extension of Contract for Traffic Signal
Maintenance Services (Contract No. C22281).
Rec: By Minute Motion, approve extension of the subject contract with
Team Econolite Traffic Engineering and Maintenance, Inc., Anaheim,
Califomia, for one year in an amount not to exceed $50,000 and
authorize the Mayor to execute same.
HH. REQUEST FOR RATIFICATION of Change Order No. 2 to Contract
No. C19250 — Design Engineering of the Palm Desert Corporation Yard
Expansion (Project No. 715-00).
Rec: By Minute Motion, ratify Change Order No. 2 in the amount of $6,270
to the subject contract with David Evans and Associates, Ontario,
California, and authorize the Mayor to execute same.
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II. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C20991 — Services for Landscape Maintenance Area No. 5.
Rec: By Minute Motion, accept proposal in the amount of $650 per month
by and approve Change Order No. 1 therefor to the subject contract
with Steven Burt & Associates, Bermuda Dunes, Califomia, for the
landscape maintenance at Parkview Office Complex, and authorize
the Mayor to execute same.
JJ. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C22360 — Landscape Installation on Portola Avenue and
Hovley Lane East Median Island.
Rec: By Minute Motion: 1) Allocate $11,183.22 from Unobligated Funds to
Account No. 400-4614-453-4001; 2) approve Change Order No. 1 in
the amount of $11,183.22 to the subject contract with Hort Tech
Landscape, Inc., La Quinta, California, which includes contingency,
and authorize the Mayor to execute same.
KK. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies
2. Reporton Final PaymentforWestfield (Joint Consideration with the
Palm Desert Redevelopment Agency)
Item KK-2 removed for separate discussion under Section XI,
Consent Items Held Over. Please see that portion of the Minutes for
Council discussion and action. •
Councilman Kelly asked that Items KK-2 and U be removed for separate discussion
under Section XI, Consent Items Held Over.
Upon motion by Ferguson, second by Benson, the remainder of the Consent
Calendar was approved as presented by a 5-0 vote.
XI. CONSENT ITEMS HELD OVER
U. CONSIDERATION of Sidewalk and Bike Lane on Grapevine Street.
Councilman Kelly asked for additional detail as to what is being proposed,
as well as an explanation about staffs recommendation not to install a bike
or cart path.
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City Engineer Mark Greenwood stated that at Council's request, staff
explored the possibility of striping a bike lane on Grapevine on either side.
A bike path could be done on the easterly half of the road where Marrakesh
Country Club is; however, no bike lane could be done where there are
houses fronting on both sides of Grapevine without restricting parking in front
of those houses. Staffs recommendation was to restripe the easterly portion
of the roadway in an attempt to move traffic further away from the homes.
Councilman Kelly noted that most of the houses with driveways on
Grapevine are east of Goldenrod, and there is nothing on the opposite side
of the street. He said he felt something could be done to make it safer for
residents to walk in that area.
Mr. Greenwood responded that this could be done; however, staff was not
comfortable with having a bike lane or walking path end in the middle of the
block. Upon question by Councilman Kelly, he said extending the bike path
to Goldenrod would require the City to prohibit parking in front of several
houses. He said staff could poll those affected residents to see what their
preference is.
Councilman Kelly moved to, by Minute Motion, concur with staff recommendation
not to install sidewalk or bike lane on Grapevine Street, with staff to conduct a poll of
affected Grapevine residents for their preference.
Councilman Ferguson stated that Council was being given engineering
reasons as to why this will not work, and it is not simply a question of what
the neighbors want. He asked if there were traffic engineering standards that
were involved as far as widths and safe passage, etc.
Mr. Greenwood responded that he was uncomfortable with having a bike or
walking path come to mid -block and just end with no escape for those people
other than to turn around and double back or enter further down the road into
a Tess safe situation. Upon question by Councilman Ferguson about a
walking path, he responded that staff had considered a concrete sidewalk;
however, there were many obstructions, and it would cause a great deal of
disturbance to a lot of front yards. Although somewhat unusual, striping a
bike path could allow usage by both bikes and pedestrians. He said if it was
Council's desire to pursue the sidewalk further, staff could provide cost
estimates.
Councilman Ferguson observed that perhaps installation of such a sidewalk
or bike path would require narrowing the street, which would provide
desirable traffic calming effects for the residents there.
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Councilman Kelly amended his motion to continue this matter to the meeting of
September 9, 2004, in order for staff to poll affected Grapevine residents for their
preference and to provide cost estimates for potential sidewalk installation. Motion was
seconded by Benson and carried by a 5-0 vote.
KK. INFORMATIONAL ITEMS:
2. Report on Final Payment for Westfield (Joint Consideration with the
Palm Desert Redevelopment Agency)
Councilman/Member Kelly asked for the status of the bus shelter
requirement.
With Council concurrence, the report was accepted as presented, with staff
requested to retum at the next meeting with details about the bus shelter
requirement.
XII. RESOLUTIONS
A. RESOLUTION NO. 04-85 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS
TO VACATE A PORTION OF A PUBLIC STREET KNOWN AS OCOTILLO
DRIVE UNDER PROVISIONS OF PART 3, DIVISION 9, OF THE
STREETS & HIGHWAYS CODE, AND FIXING A TIME AND PLACE FOR
HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE
PROPOSED ABANDONMENT (George and Sara Buono, Applicants).
Mr. Ortega noted the staff report and recommendation in the packets.
Responding to question, Mr. Greenwood answered that this item was
intended to vacate two feet of right-of-way adjacent to a residential property.
He said the existing right-of-way was 14 feet behind the curb now; the City's
normal standard is 10 feet in a residential neighborhood and 12 feet on a
street like Ocotillo, a collector street. The subject two feet was actually
excess.
Mayor Pro Tem Crites moved to waive further reading and adopt Resolution
No. 04-85. Motion was seconded by Kelly and carried by a 5-0 vote.
B. RESOLUTION NO. 04-86 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL
YEAR 2003/04 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS.
Mr. Ortega reviewed the staff report and recommendation.
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Upon question, Mr. Gibson said as to the difference in projected
expenditures versus actual, it came about from the encumbrance of funds
at the end of the fiscal year for certain large projects initiated during the
summer (i.e., 2004 Resurfacing Project). However, the actual expenditure
for those projects didn't occur until July, August, or September of the new
fiscal year. So while the funds are encumbered in one budget, they are
expended in the next, resulting in a difference in the year-end totals. Further,
he responded that the difference in projected revenues between Fiscal
Years 2002/03 and 2004/05 was the result of the purchase of land in
2002/03 as well as some transfers out to other funds (approximately
$4 million to $6 million), which was unusual and accounted for the fluctuation
of revenue totals between those years.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 04-86. Motion was seconded by Kelly and carried by a 5-0 vote.
XIII. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1074 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO CHAPTER 24 OF THE PALM DESERT MUNICIPAL
CODE BY AMENDING SUBSECTION B (9) OF SECTION 24.12.040
REGARDING FUGITIVE DUST CONTROL (AMENDING ORDINANCE
NO. 1056).
Mr. Ortega noted the staff report in the packets.
Mayor Pro Tem Crites moved to waive further reading and pass Ordinance No. 1074
to second reading. Motion was seconded by Ferguson and carried by a 5-0 vote.
For Adoption:
A. ORDINANCE NO. 1072 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND
REPLACING ITS ORDINANCE NO. 855, AND ESTABLISHING A NEW
PERSONNEL SYSTEM AS CHAPTER 2.52 OF THE PALM DESERT
MUNICIPAL CODE.
Mr. Ortega noted that the "Meet and Confer" process had not yet been
completed.
Councilman Ferguson moved to, by Minute Motion, continue this matter to the
meeting of September 23, 2004, in order to provide more time for "Meet and Confer"
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sessions with the Palm Desert Employees Organization. Motion was seconded by Kelly
and carried by a 5-0 vote.
B. ORDINANCE NO. 1073 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION
3.36.010 OF THE PALM DESERT MUNICIPAL CODE (AMENDING ITS
ORDINANCE NO. 266) WITH RESPECT TO THE AREA SUBJECT TO THE
FIRE PROTECTION FUND.
Mr. Ortega reviewed the ordinance.
Councilman Kelly moved to waive further reading and adopt Ordinance No. 1073.
Motion was seconded by Crites and carried by a 5-0 vote.
XIV. NEW BUSINESS
A. REQUEST FOR AWARD OF BID FOR THE PURCHASE OF THREE
HONDA CIVIC HYBRID VEHICLES.
Mr. Ortega reviewed the staff report and recommendation.
Councilman Kelly moved to, by Minute Motion, award the subject purchase to Norm
Reeves Honda, Temecula, Califomia, in the amount of $62,094 ($20,698 each). Motion
was seconded by Crites and carried by a 5-0 vote.
B. REQUEST FOR APPROVAL OF A TWO-YEAR EXTENSION OF THE
PROPERTY MANAGEMENT AGREEMENT FOR MANAGEMENT
SERVICES AT PARKVIEW OFFICE COMPLEX (CONTRACT NO. C15104).
Mr. Ortega reviewed the staff report and recommendation.
Mayor Pro Tem Crites moved to, by Minute Motion, approve a two-year extension
of the subject contract with Mason & Mason Inc., Montrose, California, in the amount of
$66,000 annually (contract price will not change) and authorize the Mayor to execute
same. Motion was seconded by Benson and carried by a 5-0 vote.
C. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT FOR THE
INSTALLATION OF CURBING AND FLATWORK ON THE FIRE CLIFF AND
MOUNTAIN VIEW COURSES AT THE DESERT WILLOW GOLF RESORT
(CONTRACT NO. C23030).
Mr. Ortega reviewed the staff report and recommendation.
Mayor Pro Tem Crites moved to, by Minute Motion: 1) Authorize award of the
subject construction contract to Contreras Construction Company, Indio, California, in the
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amount of $68,964; 2) authorize the Mayor to execute same; 3) authorize the Director of
Finance to set aside the amount of $6,896.40 as a 10% contingency for the project (use
of contingency requires additional action) — funds are available in Account
No. 241-4195-495-8092. Motion was seconded by Ferguson and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF MUSICIANS OUTLET MUSIC FESTIVAL
AND MUSIC EDUCATION FUND RAISER ON SEPTEMBER 19, 2004, AT
THE NORTHEAST CORNER OF ALESSANDRO AND SAN PABLO,
INCLUDING THE CLOSURE OF 350 FEET OF ALESSANDRO BETWEEN
SAN CARLOS AND SAN PABLO AVENUE Case No. TUP 04-35
(Randy Hewitson, Musicians Outlet, Applicant).
Mr. Drell reviewed the staff report and offered to answer any questions.
Responding to question, the Applicant said their last event was not a fund
raiser, this time it was;\ and it would be taking place at the Festival itself with
raffles, etc., not from the proceeds of sales in his store. Further, he said the
non-profit group was a brand new organization to advocate music in the
public schools due to the recent development of programs being cut at the
elementary level. He said they wanted to make people aware of the
organization, and he affirmed that it was qualified as a 501(c)(3).
Councilman Kelly moved to, by Minute Motion, approve the Music Festival, as
proposed, with closure of Alessandro, subject to compliance with Police, Fire,
Public Works, and Community Development requirements. Motion was seconded by
Crites and carried by a 5-0 vote.
E. REQUEST FOR APPROVAL OF OUTSIDE AGENCY FUNDING
(CHARITABLE CONTRIBUTIONS) FOR FISCAL YEAR 2004/05.
Mr. Ortega reviewed the staff report and recommendation.
Councilmember Benson moved to, by Minute Motion, concur with the
recommendations of the Outside Agency Funding Committee and approve charitable
contributions in the amount of $399,500 to the 23 agencies listed in the accompanying staff
report. Motion was seconded by Ferguson and carried by a 5-0 vote.
F. REQUEST FOR AWARD OF CONTRACT FOR HIGHWAY 111 MEDIAN
LANDSCAPING FROM TOWN CENTER WAY TO HOSPITALITY ROW
(CONTRACT NO. C22990, PROJECT NO. 935-03).
Mr. Ortega reviewed the staff report and recommendation.
Councilman Kelly noted on the north side of Highway 111 and San Pablo
was a parkway with desert landscaping which appeared to have no water to
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it, as the landscaping was all dried out. He added that he felt Highway 111
was also not looking very nice.
Landscape Manager Spencer Knight responded that several medians on
Highway 111 had the water supply cut during construction, and staff had
been watering them with the watering truck. With regard to the parkway
noted by Councilman Kelly, he said he had not formally included it in the
City's maintenance contracts because the City owns just a sliver of it, and
the property owner owns the majority. He said staff would take care of it.
Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract
to Marina Landscape, Anaheim, California, in the amount of $439,912; 2) authorize a 10%
contingency for the project in the amount of $43,991.20; 3) authorize the Mayor to execute
the contract. Motion was seconded by Kelly and carried by a 5-0 vote.
G. REQUEST FOR AUTHORIZATION TO DEFER PURCHASE OF A NEW
STREET SWEEPER AND TO EXPAND THE EXISTING CONTRACT FOR
STREET SWEEPING (CONTRACT NO. C22560).
Mr. Ortega reviewed the staff report and recommendation.
Councilman Kelly expressed concern with the look of the street sweepers
and said he felt staff should make sure the sweeper contractors have nice,
clean -looking equipment.
Councilman Ferguson moved to, by Minute Motion: 1) Defer purchase of a new
street sweeper and reject the bid received for same from GCS Westem
Power & Equipment; 2) authorize expansion of the current residential street sweeping
contract with CleanStreet, Gardena, Califomia, to include biweekly sweeping of ail
maintained City streets at the current rate of $26.95 per curb mile. Motion was seconded
by Kelly and carried by a 5-0 vote.
XV. CONTINUED BUSINESS
None
XVI. OLD BUSINESS
A. REQUEST FOR AUTHORIZATION TO AWARD CONTRACT FOR THE
CONSTRUCTION OF THE PALMA VILLAGE NEIGHBORHOOD PARK
(CONTRACT NO. C21140B, PROJECT NO. 712-02).
Mr. Ortega reviewed the staff report and recommendation.
Councilman Kelly moved to, by Minute Motion: 1) Authorize award of the subject
contract to James E. Simon Company, Indio, California, in the amount of $1,232,781.10
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and the Mayor to execute same; 2) approve Change Order No. 1, reducing the amount of
the subject contract by $154,400; 3) authorize a 10% contingency for the project in the
amount of $107,838; 4) authorize an amount not to exceed $30,000 for utility fees,
construction staking, and related project costs; 5) appropriate additional funds in the
amount of $250,000 from Parks and Recreation Fund 430 and reduce University Village
Park "A&B" by $40,000 each. Motion was seconded by Ferguson and carried by a 5-0
vote.
XVII. PUBLIC HEARINGS
A. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF THE
PLANNING COMMISSION'S APPROVAL OF A REQUEST BY NEXTEL
COMMUNICATIONS AND CINGULAR WIRELESS TO CONSTRUCT A
75-FOOT HIGH MONOPINE WIRELESS TELECOMMUNICATIONS
TOWER WITH TWO ADJACENT EQUIPMENT SHELTER BUILDINGS
WITHIN A 25-FOOT X 60-FOOT FENCED AREA — PROJECT SITE IS
LOCATED 300 FEET SOUTH OF COUNTRY CLUB DRIVE AND
1,300 FEET EAST OF EL DORADO DRIVE, AND IS PART OF A
SOUTHERN CALIFORNIA EDISON SUBSTATION Case No. CUP 04-01
(Nextel Communications and Cingular Wireless, Applicants) (Continued from
the meetings of April 8, May 27, and June 24, 2004).
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request. No testimony was offered.
Mayor Pro Tem Crites moved to continue this matter to a time uncertain. Motion
was seconded by Ferguson and carried by a 5-0 vote.
B. CONSIDERATION OF APPROVAL OFA PRECISE PLAN OF DESIGN AND
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A
135,152 SQUARE FOOT HOME IMPROVEMENT CENTER AT THE
NORTHEAST CORNER OF MONTEREY AVENUE AND GERALD FORD
DRIVE (35-850 MONTEREY AVENUE) — PROJECT INCLUDES A HEIGHT
EXCEPTION TO PERMIT ARCHITECTURAL PROJECTIONS AT 34 FEET,
36 FEET, 44 FEET, AND 48 FEET, AND A HEIGHT EXCEPTION FOR THE
WALL -MOUNTED BUSINESS IDENTIFICATION SIGN AT 33 FEET
Case No. PP 04-13 (EN Engineering for Lowe's Home Improvement,
Applicant).
Planning Manager Steve Smith reviewed the staff report in detail. He noted
that the Applicant took into consideration some of the comments of the
Planning Commission with regard to the excess parking spaces, and the plan
before Council had 30 fewer parking spaces than the plan considered by
Planning Commission. Given the recent study by the Institute of Traffic
Engineers and the amount of traffic one can expect for the facility, staff felt
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the parking standard at 3.5 spaces per thousand was appropriate in that the
amount of traffic going to the site was directly related to the amount of
parking needed. He said the matter was before Council for two issues:
1) the building height, and 2) signage height exception. He noted that
Architectural Review Commission had unanimously approved the revised
building elevations, including the height exception and the signage. He said
the site plan provided for two access points to Gerald Ford, with the easterly
access being right in/right out and a left in, and the westerly access being
right in and right out only. Two access points from Monterey Avenue would
both be right in/right out; a third Monterey Avenue access at the north limit
of the 20-acre site was recommended by the Planning Commission as right
in/right out only. He noted that in discussions with the Mayor earlier this
week and discussions with Public Works traffic staff, there was an expressed
desire to create a left turn movement so that people could exit to go back
toward the City on Monterey. Under the current plan, the only plan to exit
southbound on Monterey would be to come out either of the driveways on
Gerald Ford and queue up in the left turn lanes there. Traffic people had
indicated that if the Council was so inclined, Condition #12 could be altered
to provide for signalization at that northerly driveway which would allow for
a left turn movement. Public Works staff had discussed this with the City of
Rancho Mirage, and the wished to be consulted with respect to this signal.
He said there was also a request to present to Lowe's a scenario where they
might add solar collectors or to demonstrate how they were being energy
efficient and energy friendly. He had that discussion with a representative
of Lowe's yesterday, and it was met with less than enthusiasm. He reviewed
the architecture, noting that the revised landscape plan provided for 42 feet
of depth along Monterey and 33 feet along Gerald Ford.
Councilmember Benson asked whether the developer was following through
with their agreement to do that corner similar to Marriott's corner. Mr. Smith
responded that on the revised landscape plan, they had expanded the area
at Monterey and Gerald Ford considerably for a future public art piece.
Mayor Pro Tem Crites asked what had happened with the land that was
originally going to be the 30 parking spaces that were taken out, and
Mr. Smith responded that it would be landscaping. Mayor Pro Tem Crites
noted that it was very difficult to find parking at the Home Depot across
Monterey, and he asked what was being done in this project to make sure
the same thing would not happen, and Mr. Smith stated that this project had
a good circulation pattern. Mayor Pro Tem Crites asked if part of that
circulation pattern would be inclusion of a signal that gets people out onto
Monterey, and he said what was there now looked to be designed to be
congestion -producing in terms of trying to get people back into the southerly
part of Palm Desert. Mr. Smith said staff had taken to heart the comments
Council had during the General Plan Circulation Element discussion and its
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Tess -than -enthusiastic support for additional signals on Monterey, although
staff could accept a signal at the north end in that it would connect through
to Gateway Drive. He said at the north end of the Sares Regis piece would
be creation of the street connection through between Monterey and
Gateway. Gateway and Gerald Ford would be a signalized intersection.
Mr. Drell added that Gateway was specifically created as a way for people
to get to and from this entire regional commercial area to Walmart and,
ultimately, even to Costco without going onto Monterey.
Mayor Pro Tem Crites commented that the seasonal sales area was noted
as being right up against the garden center, which in Home Depot produced
an unpleasant traffic pattern as well as difficulty in parking. He asked if there
was any objection to moving the "seasonal sales area" out away from the
building toward Monterey, allowing people to park next to the building. He
also asked if something could be done to improve the look of the back of the
building rather than having just a straight wall. Mr. Smith responded that in
this instance, he felt the architecture was not Tess -than -desirable. He said
the theaters at The River on Bob Hope had a similar wall exposure, and
color, texture, and material, as well as the landscape treatment, was a good
way to take care of a big, blank wall.
Councilman Ferguson asked whether the City still had an ordinance requiring
that 50% of the parking lot be shaded, and Mr. Smith responded that it did.
Councilman Ferguson stated that every center that had been done since he
was on the Planning Commission or City Council had always had that
standard but had never met it. He had asked the question many times
whether 50% was attainable or if the City had an artificially high standard.
He said with regard to this project, the canopy trees looked great on the
landscape plan,. and he asked if there was some level of assurance that
those trees would actually grow to maturity and provide the shade as
indicated in the drawings.
Mr. Drell stated the way the ordinance specified achieving that standard was
by having a tree at every third parking space.
Mayor Pro Tem Crites noted that people typically take remarkably little care
of parking lot trees once they are in, and cities had a very difficult time
getting owners or operators to care about protecting the trees, nurturing
them, replacing them, etc.
Landscape Manager H. Spencer Knight stated that the issue of actually
producing 50% shade coverage in the parking lots was a maintenance issue,
not necessarily a design issue. The issue here in the desert was severe
growing conditions; however, since the new parking lot standards had been
in place, there had been better success at getting trees to grow larger.
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Landscape maintenance agreements were being more rigorously put in
place, and staff would begin to pursue those in working with the areas that
exist now. Upon question by Councilman Ferguson, he said it was his
understanding there was already a landscape maintenance agreement for
this development.
Mr. Drell added that as part of the working drawings for the landscape plan,
staff is requesting, in essence, a maintenance manual that the property
owner can hand the contractor to show how the project is to be maintained.
This manual will be on a species -specific basis and will set forth for each
type of tree how to water, prune, fertilize, etc.
Councilman Kelly said that at the southwest comer of Gerald Ford and
Monterey, he noted that SunLine and City staff had recommended a future
bus stop just north of Gerald Ford. The drawings indicated three straight
through lanes on Monterey; if there is no right turn acceleration lane there,
that means in the future when a bus stop is there, either a tumout will have
to be built, or the bus will block one of the three lanes on Monterey. He felt
it would be logical to have a right tum acceleration lane now. He also felt
there should be a condition for a bus shelter as well, whether it is built now
or later.
Mr. Greenwood said it was his understanding that Public Works conditions
for this project did require right turn lanes into the driveways in addition to the
three through lanes. If there is a bus stop on Monterey, one of those right
tum lanes would be extended to incorporate the bus stop.
Councilman Kelly asked if staff had conditioned this project so that there will
not be any outside storage because he felt it looked awful over at Home
Depot. Mr. Smith responded that Planning Department Condition #15
indicated that there shall be no outside storage of any type on this site.
Councilman Kelly said he liked the drive-in lumber yard of Lowe's in
La Quinta. Mr. Smith noted that this project would have a porte-cochere over
the lumber pick-up area.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request.
MR. STEVEN GALE (sp?), Director of Real Estate Acquisition for Lowe's,
1530 Farraday Avenue, Carlsbad, California, offered to answer any
questions. With regard to the drive -through lumber yard, he said their
studies had proved it was not an effective use of space. With regard to
moving the seasonal sales area away from prime parking, he said the
adjacency of the seasonal sales area closer to the store was for security
purposes.
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Councilman Kelly said he would prefer to have the seasonal sales items
closer to the store so they are not as visible from the street.
MR. GALE said something could be worked out with the City to limit the
number of times they have these seasonal sales (i.e., four times per year)
and to also limit the duration of those times (i.e., ten days or two weeks).
That would give the City some control over how that area is used effectively
and efficiently. With regard to energy efficiency, Mayor Pro Tem Crites
asked what things had been done in this building beyond the existing
requirements of Title 24 of the Energy Code. Mr. Gale responded that
Lowe's was proud to be recognized for the second consecutive year as the
Energy Star retailer partner of the year program jointly sponsored by the U.S.
Environmental Protection Agency and Department of Energy. Califomia also
honored Lowe's with an award for its efforts to help reduce the State's
energy consumption. Lowe's also employs cool roof decks, skylights for
efficiency, high -efficiency fluorescent lights, motion sensors in the offices to
turn lights off, and a computerized energy efficiency system. Their West
Hills, California, store had converted to solar at a cost of approximately
$3.2 million in a program funded by a utility district, and all but $200,000 was
paid by Lowe's. Where utility companies have the availability to do that,
Lowe's will do it, as long as there is a cost benefit ratio in the costs that
Lowe's would incur in that type of a conversion.
With regard to the preliminary planting plan and the revised preliminary
planting plan, Councilman Ferguson asked if the developer saw a way to
accommodate the desires of the landscape folks who like the more lush
landscaping and the planning folks who like the additional parking spaces.
Mr. Gale responded that Lowe's was more concerned with taking care of the
needs of the customer, to provide adequate parking. He said the parking
count as shown on this site plan was a very adequate parking count for their
use and in their experience in operating the business. It was designed so
that approximately 90% of the spaces are directly in front of the store, which
is very efficient for them. He said they could effectively and efficiently
operate a store with 500 spaces, and this plan had approximately 535
spaces. Councilman Ferguson asked if he had a preference between the
preliminary and the revised preliminary plans, and Mr. Gale responded that
he felt it would be better with the addition of the landscaping.
With no further testimony offered, Mayor Spiegel declared the public hearing closed.
Councilman Ferguson said he felt Lowe's would be a wonderful addition to
the City. He liked the attention to detail. Generally, he liked the elevations,
architecture, and layout. He personally liked the additional parking.
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Councilmember Benson disagreed with Councilman Ferguson and said she
would rather see the additional landscaping ratherthan the additional parking
because she felt it would enhance the project. She also felt it would help
match that comer with the Marriott comer. She was pleased with what the
developer was doing and felt they had mitigated a lot of the "big box" look
with the landscaping.
Councilman Kelly said his main concern was that the three lanes never be
blocked on Monterey in and out of the City. He was also concerned with
adding a signal if one is not needed. His biggest concern was keeping the
traffic flow open. He also felt Lowe's stores were cleaner and nicer looking
than other hardware stores around because they don't put a lot of stuff
outside in the parking Tots.
Councilman Ferguson said it was his understanding it was an option in the
future to look at traffic signal installation north of Gerald Ford, not that it was
going to be done with this plan.
Mr. Drell responded that the plan as approved by the Planning Commission
did not have a signal. A good suggestion was to come up with a design that
can accommodate a signal and even collect money to pay for a signal but
that actual installation wait to see how the site operates.
Mayor Pro Tem Crites stated that, unless it is inordinately expensive,
perhaps the underground component of a signal could be done now so that
if the Council decides to signalize, it would not be necessary to tear up the
intersection.
Councilman Kelly said he also liked the fact that the building is set back from
the street.
Mayor Pro Tem Crites asked that language be added relative to number of
times/number of days for seasonal sales events.
Councilman Ferguson stated that, in favoring the additional parking spaces,
he was not necessarily in favor of reducing landscaping. He said if there was
a way to reduce some of these fingers and get some of those spaces back
without impacting the landscaping, he would like to see that considered.
Mayor Spiegel said he felt this was a marvelous addition to the City of
Palm Desert, and he hoped it would be built quickly.
Councilman Ferguson moved to waive further reading and adopt Resolution
No. 04-87, approving Case No. PP 04-13, including building and sign height exceptions,
as amended to include additional or modified language regarding: 1) potential future traffic
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signal installation; 2) seasonal sales events; 3) bus shelter requirements. Motion was
seconded by Benson and carried by a 5-0 vote.
C. REQUEST FOR APPROVAL OF A PRECISE PLAN AND HEIGHT
EXCEPTION TO ALLOW CONSTRUCTION OF A 19,565 SQUARE FOOT
SHOWROOM/WAREHOUSE AND ASSOCIATED VEHICLE STORAGE
YARD ON A 1.14-ACRE PARCEL — GENERALLY LOCATED
APPROXIMATELY 900 FEET EAST OF COOK STREET ON THE NORTH
SIDE OF GERALD FORD DRIVE (APNs 653-410-023/025)
Case No. PP 04-14 (William Sharon, Smith Consulting Architects for
D'Mundo Tile, Applicant).
Parks and Recreation Planning Manager Jeff Winklepleck reviewed the staff
report in detail and offered to answer any questions.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request.
MR. WILLIAM SHARON, Smith Consulting Architects, 12220 El Camino
Real, San Diego, spoke as the applicant and offered to answer any
questions.
Councilmember Benson asked how many vehicles the storage yard would
hold.
MR. SHARON responded that it would hold 19 vehicles. During the day it
would be open to the public for people to Toad and unload material, and at
night it would be used to house the company trucks. It was not a storage
yard for people to park and store recreational vehicles.
Mr. Winklepleck noted that a condition had been placed that they would not
have any outdoor storage of materials such as is seen in other industrial
areas.
With no furthertestimony offered, Mayor Spiegel declared the public hearing closed.
Mayor Pro Tem Crites moved to waive further reading and adopt Resolution
No. 04-88, approving Case No. PP 04-14, subject to conditions. Motion was seconded by
Ferguson and carried by a 5-0 vote.
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D. CONSIDERATION OF THE VACATION OF A PORTION OF PUBLIC
RIGHT-OF-WAY KNOWN AS FRANKONIA COURT (J. W. Design &
Construction, Inc., Applicant).
Mayor Spiegel declared the public hearing open, and invited testimony in FAVOR
of or in OPPOSITION. No testimony was offered.
Councilman Ferguson moved to continue this public hearing to the meeting of
September 9, 2004. Motion was seconded by Kelly and carried by a 5-0 vote.
E. REQUEST FOR APPROVAL OF REPROGRAMMING OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO DESIGNATED
ORGANIZATIONS IN SPECIFIED AMOUNTS.
Mr. Ortega noted the staff report and recommendation in the packets.
Mayor Spiegel declared the public hearing open and invited testimony in FAVOR
of or in OPPOSITION to this request.
Councilman Ferguson thanked Council and staff who worked on both this
and the Outside Agency Funding Committee and said it looked like it had
taken a lot of work.
With no testimony offered, Mayor Spiegel declared the public hearing closed.
Councilman Ferguson moved to, by Minute Motion, approve reprogramming of
CDBG funds in the amount of $193,094.54 to the following organizations: 1) Joslyn Cove
Senior Center Project — $15,000; 2) Redevelopment Agency/Housing Authority's Senior
Community Room — $168,813; 3) Family YMCA, Jean Benson Child Care Center —
$9,280.54. Motion was seconded by Benson and carried by a 5-0 vote.
XVIII. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
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C. CITY CLERK
1. Consideration of Re -scheduling First Meeting in November 2004 Due
to Observance of the Veterans' Day Holiday on November 11.
With Council concurrence, staff was directed to utilize the third Thursday of the
month, November 18, as the re -scheduled meeting date.
D. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
None
o City Council Committee Reports:
None
o City Council Comments:
1. City Council Liaison Reports.
a) Energy Coalition — Mayor Pro Tem Crites noted that at the
next meeting, there would be a presentation on the two
energy -related trips (Victorville, CA, and Stockholm, Sweden)
just taken by him and staff, and in pursuit of Public Utilities
Commission and solar grants, and some new aggregation
opportunities.
b) Palme D'Or Theaters — Mayor Spiegel commented that the
Palme D'Or Theaters, located in Westfield Shoppingtown,
would be hosting live theater — a musical being developed by
the producer who initiated the Palm Springs Follies. It's a six -
person play, including well known performers (Ana Maria
Alberghetti, Julis La Rosa, Ruta Lee, Mr. Young of Saddler &
Young) and will run November through May. Tickets will be
approximately $55. He said the largest theater in the complex
is being remodeled, which seats 450, and they will reopen the
theaters below to retain all their current capacity. They will be
making a formal announcement to the City Council in the
future.
c) Staples — Councilmember Benson wanted to extend
appreciation to the developer of the Staples store for
repainting it.
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XIX. ADJOURNMENT
Councilman Kelly moved to adjourn the meeting at 5:45 p.m. Motion was seconded
by Crites and carried by a 5-0 vote.
ATTEST:
CHELLE D. KLASSE , CITY CLERK'
CITY OF PALM DESERT, CALIFORNIA
ROBERT . SP1 EL YOR
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