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HomeMy WebLinkAbout2004-02-26MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 26, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:01 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Also Present: Homer Croy, Acting City Manager David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Mark Greenwood, City Engineer Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Teresa L. La Rocca, Director of Housing Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Mena v. Muehler, U.S. Ninth Circuit Court of Appeals MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 b) Indian Springs Mobilehome Park Homeowners Association, et al., v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 019015 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: 1 With Council concurrence, Mayor Spiegel adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:02 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. City Attorney Erwin reported that on a 5-0 vote, the City Council authorized that the City join as a Friend of the Court in the case of Mena v. Muehler, so long as there is no expense to the City. VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MS. CYNTHIA MOSES, representing Integrated Learning Institute, 40300 Washington Street, Bermuda Dunes, CA, introduced her organization to the City Council, which began as private practice educational therapists who had been in the Coachella Valley for 14 years. Last summer they created this non-profit organization for learning disabled children and adults. They hoped to be able to expand their services in the near future, work with the school district, and eventually build their own school. She said they hoped to work within the non-profit community to collaborate with other organizations to reach students who could not otherwise afford this type of help. She said students often turned to other forms of stimulation when they were unable to learn; well over 85% of people tested who were in jail across the nation had learning disabilities. Their approach used cognitive and perceptual stimulation to create independent learners who would not need other forms of stimulation. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 MS. MAUREEN BERWING addressed the City Council on behalf of herself and some of her colleagues. She is a massage therapist in one of Palm Desert's bigger spas and wanted to find out why about two years ago the license renewal for massage therapists had increased 100%. She also wondered why it was necessary to have annual live -scan finger printing and a tuberculosis test, when even nurses or estheticians weren't required to have such TB tests. Currently, their fees to obtain annual licensing were around $230; whereas, around the country the average was around $50 to $100 per year. However, she understood that some changes were being considered, particularly for the annual fingerprinting. She asked the City to review these fees to make them more reasonable. Mayor Spiegel asked Ms. Berwing to provide her name to Mr. Croy so that the City Manager's Office could look into this matter and be back in touch with her and also report back to the City Council. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS None X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of February 12, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 157, 158, 162, 163, 166, 167, and 168. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#529) by James R. Jepson in the Amount of $628.57. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Thiankham Kamonkan for The Bella Luna, 73-375 El Paseo, #Q & R, Palm Desert. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 E. MINUTES of City Committee and Commission Meetings. 1. Building Board of Appeals & Condemnation Meeting of October 11, 2001. 2. Public Safety Commission Meeting of January 14, 2004. 3. Sister Cities Committee Meeting of November 20, 2003. 4. Technology Committee Meeting of January 6, 2004. Rec: Receive and file. F-1. LETTER OF RESIGNATION from Robert Royer from the Parks & Recreation Commission. Rec: Receive with very sincere regret. F-2. LETTER OF RESIGNATION from Kathy Strong from the Sister Cities Committee. Rec: Receive with very sincere regret. G. REQUEST FOR AUTHORIZATION to Notify the County Auditor of the Redevelopment Agency's Intent to Pay Educational Revenue Augmentation Fund (ERAF) from Redevelopment Agency Funding Sources. Rec: By Minute Motion, direct the City Manager, or his designee, to notify the County Auditor of the Redevelopment Agency's intent to pay ERAF from Agency funding sources. H. REQUEST FOR AUTHORIZATION to Advertise and CaII for Bids for the Landscape and Irrigation for the Portola Avenue Widening from San Marino to El Cortez, and for the Kansas Street Realignment at Hovley Lane East (Contract No. C22360). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 I. REQUEST FOR AUTHORIZATION to Acquire Computerized Irrigation Program for Desert Willow (Contract Nos. C22370A-C). Rec: By Minute Motion, authorize staff to contract with the following entities for installation of a computerized irrigation system at the Desert Willow Golf Resort: a) High Tech Irrigation, Palm Desert, California, in the amount of $13,575.00; b) Fairway Irrigation Design, Palm Desert, California, in the amount of $15,000.00; c) Flowtronex PSI, Inc., Riverside, California, in the amount of $7,965.80 — funds are available in Account No. 241-4195-495-8092. J. REQUEST FOR AWARD OF CONTRACT for the Citywide Tree Pruning Program (Contract No. C22380, Project No. 932-XX). Rec: By Minute Motion: 1) Award the subject contract to TruGreen LandCare, Upland, California, in the amount of $18,543.50 and authorize the Mayorto execute same; 2) authorize a 10% contingency for the program in the amount of $1,854.35 — funds are available for this work in various landscape accounts. K-1. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. C17350 — Design of the Magnesia Falls Drive Bridge and Street Improvements. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K-2. REQUEST FOR AUTHORIZATION to Contract for Services for Maintenance of the Public Improvements at Entrada del Paseo (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, authorize Change Orders, Mayorto execute same, to the existing contracts with : 1) Southwest Aquatics, Palm Desert, California, in the amount of $2,975 for maintenance of the water feature at Entrada del Paseo; 2) M & M Sweeping, Inc., Thousand Palms, California, in the amount of $2,100 for weekly sweeping of the parking lots at Entrada del Paseo — funds are available in the Capital Budget for the current fiscal year (Account No. 850-4358-433-4001). 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 L. REQUEST FOR APPROVAL of Funding for Construction of a Six -Foot Garden Wall Along the East Side of the San Pascual Channel Along the West Boundary of Portola Palms. Rec: By Minute Motion: 1) Authorize funding in the amount of $25,000 for half of the estimated cost to construct a six-foot garden wall along the east side of the San Pascual Channel (west boundary of Portola Palms Mobile Homes); 2) appropriate said funds from the Unobligated Fund 400 for this work. M. REQUEST FOR APPROVAL of Final Parcel Map No. 31658 (Canyon National Bank, Applicant). Rec: Waive further reading and adopt Resolution No. 04-9, approving Parcel Map No. 31658. N. REQUEST FOR APPROVAL of Contract with StateNet for Legislative and Regulatory Reporting Services (Contract No. C22390). Rec: By Minute Motion, approve the subject contract with StateNet, Sacramento, California, in the amount of $1,740 and authorize the Mayor to execute same — funds are available in Account No. 110-4112-410-3060. O. REQUEST FOR WAIVER of Fees Associated with the Palm Desert Middle School Graduation Ceremony at the Palm Desert Civic Center Park. Rec: By Minute Motion, waive fees associated with the subject event, scheduled to be held on Tuesday, June 8, 2004, at the Amphitheater located in the Palm Desert Civic Center Park. P. CONSIDERATION of Request for Support of the 2-1-1 Non -emergency Telephone Number in Riverside County. Rec: By Minute Motion, concur with the Public Safety Commission's recommendation to support the 2-1-1 non -emergency telephone number link to social services. Q. INFORMATIONAL ITEMS: 1. Report on the 2003 Holiday Theft Suppression Program. 2. Update on Bus Shelter at San Pablo Professional Office (44-530 San Pablo Avenue). 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 Councilman Ferguson asked that Item K-1 be removed for separate discussion under Section XI, Consent Items Held Over. Upon motion by Crites, second by Ferguson, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. Xl. CONSENT ITEMS HELD OVER K-1. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. C17350 — Design of the Magnesia Falls Drive Bridge and Street Improvements. Upon question by Councilman Ferguson as to when the bridge will be opened, Mr. Errante responded that final paving would be done next week, and the bridge should be open the middle of March, weather permitting. Mayor Pro Tem Crites moved to, by Minute Motion: 1) Approve Change Order No. 3 in the amount of $23,272 to the subject contract with Tetra Tech, Inc., Irvine, California, for additional comprehensive field assistance required in conjunction with construction of the bridge at Magnesia Falls Drive and authorize the Mayor to execute same; 2) appropriate said funds from Unobligated Measure "A" Funds to Account No. 213-4626-433-4001. Motion was seconded by Ferguson and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 04-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SUBMIT AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) FOR AN SB1346 RUBBERIZED ASPHALT CONCRETE GRANT. Councilman Ferguson moved to waive further reading and adopt Resolution No. 04-10. Motion was seconded by Kelly and carried by a 5-0 vote. B. RESOLUTION NO. 04-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ITS RESOLUTION NO. 03-49, ESTABLISHING THE MARKETING COMMITTEE. Councilman Ferguson moved to waive further reading and adopt Resolution No. 04-11. Motion was seconded by Benson and carried by a 5-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 C. RESOLUTION NO. 04-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 02-11 RELATIVE TO THE PALM DESERT YOUTH COMMITTEE. Councilmember Benson moved to waive further reading and adopt Resolution No. 04-12. Motion was seconded by Ferguson and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1061 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 27.12.190 OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO ESTABLISHING PAD HEIGHT CERTIFICATIONS. Mr. Croy noted the staff report and recommendation in the packets. Mayor Pro Tem Crites said it was his understanding this was for clarification purposes only and did not move heights up. Mr. Greenwood responded that this does not move heights up. He said with the current code, staff only surveys for height, and this would allow staff to survey laterally as well to be sure the building is located on the lot properly. Mayor Pro Tem Crites moved to waive further reading and pass Ordinance No. 1061 to second reading. Motion was seconded by Ferguson and carried by a 5-0 vote. For Adoption: None 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 XIV. NEW BUSINESS A. CONSIDERATION OF ORDINANCES TO AMEND THE REDEVELOPMENT PLANS FOR PROJECT AREA NOS. 3 AND 4 OF THE PALM DESERT REDEVELOPMENT AGENCY, RESPECTIVELY. Mr. Croy noted the staff report and recommendation in the packets. Councilman Ferguson moved to waive further reading and pass to second reading: 1) Ordinance No. 1062, amending the Redevelopment Plan for Project Area No. 3 of the Palm Desert Redevelopment Agency; 2) Ordinance No. 1063, amending the Redevelopment Plan for Project Area No. 4. Motion was seconded by Crites and carried by a 5-0 vote. B. REQUEST FOR DIRECTION RELATIVE TO PARTICIPATION OF INDIAN WELLS HOTELS IN THE SHOPPER HOPPER PROGRAM. Business Support Manager Ruth Ann Moore reviewed the staff report and recommendation, noting that adding the Indian Wells hotels to the program as recommended would not increase the budget at this time. She also noted that this would only be done during November through May. Councilman Ferguson asked whether the sales manager at the Hyatt Grand Champions had given any indication of what type of ridership he expected. Ms. Moore responded that he did not give any indication, although he was very enthusiastic about the program and felt the guests would use the service. Councilman Kelly stated he hated to see the headway being increased on one of the lines in order to add these hotels. Although he did not have a problem servicing the Indian Wells hotels, he felt it would be better to add another vehicle instead of adding these hotels to one of the existing lines. Councilman Ferguson suggested trying it as recommended by staff for the next few months. If it is successful and another vehicle is needed, it can be considered at budget time. Councilman Ferguson moved to, by Minute Motion: 1) Direct staff to work with the Indian Wells hotels to participate in the Shopper Hopper Program; 2) decrease the Blue Line loop from eight (8) to six (6) passes daily, allowing no increase to the budget or cost to the Indian Wells hotels, with the understanding that said service will be evaluated over the next few months for whether another vehicle needs to be placed into service, which would then be considered for next year's budget. Motion was seconded by Crites — and carried by a 4-1 vote, with Councilman Kelly voting NO. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 C. REQUEST FOR APPROVAL OF ACTIONS RELATIVE TO THE FISCAL YEAR 2004/05 PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT. Senior Management Analyst Martin Alvarez reviewed the staff report and recommendation. Councilmember Benson moved to waive further reading and adopt: 1) Resolution No. 04-13, initiating proceedings for the balloting of increased assessments for certain zones of the Palm Desert Consolidated Landscaping and Lighting Maintenance District for Fiscal Year 2004/05, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code; 2) Resolution No. 04-14, declaring the City's intention to conduct a property owner balloting on the matter of increased assessments for Fiscal Year 2004/05; 3) Resolution No. 04-15, granting preliminary approval to the Engineer's Report, Fiscal Year 2004/05, for the Palm Desert Consolidated Landscaping and Lighting Maintenance Assessment District. Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF AGREEMENT WITH CITY OF RANCHO MIRAGE FOR PREPARATION OF THE MONTEREY AVENUE CORRIDOR STUDY (CONTRACT NO. C22400). Mr. Croy noted the staff report and recommendation in the packets. Mrs. Gilligan noted that Mr. Greenwood had asked that this matter be pulled from the Agenda at this time. Upon question by Councilman Ferguson as to the recommendation, Mr. Greenwood responded that staff had been working with the City of Rancho Mirage to develop a coordinated corridor for Monterey Avenue. Several members of the Palm Desert City Council and staff met with Rancho Mirage City Council and staff to select a consultant to study the Monterey corridor. After that consultant selection process occurred, Rancho Mirage realized the likely consultant for this project was also the likely consultant for their General Plan update, and they felt they could do a more comprehensive study if Monterey was included in the General Plan update. He said he concurred with that and felt it would give them a much broader database to draw from as well as a broader cross section of the community to have input. He noted that Rancho Mirage had requested that Palm Desert not move forward with this because they are not moving forward with the contract with the corridor consultant. Upon question by Mayor Spiegel, he responded that he would like the matter continued for a month. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 Mayor Pro Tem Crites asked how much time this would add to the entire process, and he asked if Palm Desert would have something back in a timely manner. Mr. Greenwood responded that he would not be surprised for a General Plan update to go about two years, while he felt the Monterey study would take about a year. Mayor Pro Tem Crites said he was not, then, supportive of the City of Rancho Mirage including Monterey Avenue in its General Plan update and holding up the Monterey corridor study for several years. Upon question by Councilman Kelly, Mr. Greenwood responded that the Monterey corridor was included in Palm Desert's General Plan as an arterial, a six -lane road. He noted per the staff report that Rancho Mirage would be the lead agency for the Monterey Avenue corridor study, with Palm Desert contributing 50% of the total cost of the study. He said the City of Rancho Mirage was not going forward with the hiring of the consultant at this time and had decided to wait to see how it plays out with their General Plan consultant. If the City Council went ahead and approved this, Palm Desert would still have to wait for Rancho Mirage to authorize the contract with the consultant. Upon question by Mayor Spiegel, Councilman Ferguson responded that he and Councilman Kelly had met with Rancho Mirage Councilmembers to discuss this study. He noted that at the third meeting, they had decided on the consultant, which was not this one. That consultant was just to provide data in support of not widening Monterey, and he and Councilman Kelly were not asked to participate. At the end of that meeting, they agreed to do a joint study with Michael Criste of Terra Nova and Urban Crossroads. They agreed on the criteria, and it would study widening, sound, and mitigation, and they were open to at least thinking about widening it. He said he did not know that approving or not approving this agreement would cause them to move any quicker or slower. Councilman Kelly said they had started at a very adversarial position of "no," and "absolutely not," and "get out of here." But he felt the last meeting had been a huge success and that both cities had come to a meeting of the minds and would be doing the study together. He said this was a big disappointment that all of a sudden all of that success is down the tubes. Councilman Ferguson noted that since the consultant for Rancho Mirage's General Plan is the same consultant for Palm Desert's General Plan, maybe he can provide a better time line on when he thinks the transportation element is going to go through. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 Mayor Pro Tem Crites also noted the same consultant has been CVAG's consultant for the habitat plan, and they were a year and a half behind, a lot of that he felt having to do with the consultant having too many projects. Mr. Greenwood noted that he believed the City of Rancho Mirage was going to make its final consultant selection in approximately two weeks. Mayor Spiegel said the plan as he understood it was to widen Monterey to six lanes, three lanes on each side, from Country Club to the freeway. Mr. Greenwood responded that actually Palm Desert's General Plan showed six lanes from Highway 111 to the freeway. He suggested perhaps continuing this matter for two weeks to see what the City of Rancho Mirage does with regard to the consultant and its General Plan update. Councilman Kelly said perhaps the City of Rancho Mirage could do the Monterey Avenue portion up front. Mayor Pro Tem Crites moved to continue this matter to the meeting of March 11, 2004, with staff to see if the City of Rancho Mirage could perhaps do at least the Monterey Avenue corridor study at the front end of its General Plan update process. Motion was seconded by Ferguson and carried by a 5-0 vote. NOTE: THE FOLLOWING ITEM WAS LISTED ON AN AGENDA ADDENDUM POSTED 72 HOURS PRIOR TO THE MEETING. E. CONSIDERATION OF A REPORT AND RECOMMENDATIONS FROM SPECIAL COUNSEL DR. KENNETH K. BAAR RELATIVE TO AMENDMENTS TO THE MOBILE HOME RENT CONTROL REGULATIONS. Dr. Baar reviewed the staff report, noting that the City had been concerned about the cost of litigation in relation to the Mobile Home Rent Control Ordinance. He said he had made numerous recommendations for changes to the regulations in the Ordinance, and it was his understanding the City's Rent Review Commission would have to make the changes to the regulations. At the request of Mayor Pro Tem Crites, he gave a brief summary of his background relating to rent control, noting that he was an attorney and urban planner and had consulted to several municipalities on mobile home rent control issues as well as often being an expert in fair return administrative and judicial proceedings. He said he had also written articles about rent control issues, which had been quoted extensively by the courts in California. Upon question by Mayor Spiegel, he noted that rent control is a local issue, although there are specific areas controlled by the State. He said his purpose was to recommend changes that would help the City's 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 ordinance comply with recent developments in judicial doctrine and to make the ordinance work more objectively and rationally in some aspects. He said as far as the changes reducing costs, he felt in some areas the potential for costs would be reduced because challenges would not be able to be made on the basis that parts of the ordinance do not comply with recent judicial doctrine. On the other hand, it was not a guarantee because there was nothing to stop someone from going to court and challenging whatever they want to challenge. He noted the judicial precedent was not very specific and was often unclear and contradictory. He reviewed the major changes he was recommending to the ordinance per his report dated February 2004. Councilman Ferguson asked whether mobilehome owners and park owners had seen a draft of this report. Dr. Baar responded that this was circulated a few weeks ago, and he had received fairly extensive comments from one of the attorneys for the park owners and one of the attorneys for the residents. Upon question by Councilman Ferguson, he said he could provide a copy of those comments to the Council. He noted that this feedback came about a day before he was finishing the report for submission to the Council, and he was able to respond to some of the changes but not all of them. He said he planned to submit revisions that could respond to the rest of them. With regard to the City allowing 75% of the CPI (Consumer Price Index) to be passed along to the residents as an annual rent increase, Mayor Pro Tem Crites asked what was the lowest percentage the courts found acceptable. Dr. Baar responded that the courts have said you do not have to have any annual rent increase. The law was that the overall increase, including the individual park fair return hearings plus the annual increase, have to allow a fair profit, but it did not have to be in any particular form. Therefore, you could have no annual increase, although he did not feel that was a good idea, and it would have to be made up some other way. MS. PAT BELL, 49-205 Highway 74, President of Indian Springs Mobile Home Park homeowners association, read a prepared statement (on file and of record in the City Clerk's Office). Mayor Pro Tem Crites stated that there were times when the interests of the citizens and the interests of the City may be different. His perception when the Council asked for this study to be made was that there had not been anyone "outside" looking at the City's ordinance in a good period of time, and there had been a fair number of judicial decisions handed down that made parts of the City's ordinance not particularly in line with court decisions. He said the City had a proud history of not abandoning rent control issues and 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 making sure it refused to do so. He hoped with certain revisions that the City would have both a defensible and a fair ordinance that treats local residents in an honorable and reasonable fashion. Councilman Ferguson stated that he had not seen Mr. Spangenberg's letter, the letter from the attorney for the residents, comments from the residents, etc. He said he was convinced the City needs to update its ordinance, and he felt the City had a fairly good track record of being fair in looking out for the interests of both the tenants and the park owners and striking a reasonable balance. He added that the City had not yet even begun that process. He said he would love to hear any comments during the process, whether in written form or by telephone. In response to comments raised by Ms. Bell, Dr. Baar noted that recent judicial doctrine had indicated legal costs should be treated as an allowable operating expense for park owners. With regard to the issue about whether residents should be allowed to pass through their legal expenses to the park owner should the residents prevail, he said he would look into that, although he had not seen any ordinance that does that. He said the biggest issue, especially from the residents' perspective, was not the dollars and cents for these particular expenses but more how the ordinance works overall because a lot more was at stake than just these amounts of money. Upon question by Councilman Ferguson as to staffs recommendation, Mr. Erwin responded that Council was not in a position to approve the amendments at this time. He said there were other issues that had been raised tonight, such as other correspondence, and Council had not had the benefit of reviewing. He suggested continuing the matter for 30 days. Councilman Ferguson moved to continue this matter to the second meeting in March. Motion was seconded by Mayor Pro Tem Crites. Mayor Pro Tem Crites stated that it would be very helpful to Council when this matter comes back to have notes about every proposed change indicating whether or not there is agreement from residents, their legal counsel, the homeowners' associations, owners, etc. as well as suggested alternatives. He said there were some areas the City will not have options because of rulings from the courts, but there were also areas the City does have options about. After further discussion, Councilman Ferguson amended his motion to continue the matter to April 8, 2004. Mayor Pro Tem Crites amended his second, and the motion carried by a 4-0-1 vote, with Councilmember Benson ABSTAINING. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS A. REQUEST FOR APPROVAL OF CHANGE ORDER NO. 1 TO CONTRACT NO. C18640 — DESIGN OF THE HIGHWAY 111 STREET IMPROVEMENTS (PROJECT NO. 635-00). Mr. Croy noted the staff report and recommendation in the packets. Mayor Pro Tem Crites noted that there seem to be many change orders, and he was concerned that some of these are predictable. He was concerned that an organization may very well be the low bidder, but once they have the bid, costs go up dramatically and the a change order is requested. He said there were numerous articles in the Los Angeles Times and other magazines suggesting that some firms have such habits. Mr. Errante responded that staff was aware of those. He said for this particular contract, there were three separate contracts for this design firm, all on Highway 111. Some of these changes were beyond the control of the contractor because of the requirements imposed on the City by Caltrans. In addition, there were changes required by the City such as bus shelters. He noted that this amount represented something much less than the contractor had originally requested because the amount had been negotiated down. Councilmember Benson moved to, by Minute Motion: 1) Approve Change Order No. 1 in the amount of $55,757.00 to the subject contract with Tetra Tech, Inc., Irvine, California, for additional engineering required for project completion; 2) authorize transfer of $28,973.10 from contingency to base for the contract; 3) allocate $26,783.90 from Unobligated Funds in Account No. 213-4362-433-4001 to the subject project. Motion was seconded by Kelly and carried by a 5-0 vote. XVII. PUBLIC HEARINGS A. CONSIDERATION OF VACATING A PORTION OF PUBLIC RIGHT OF WAY ON SAN PABLO AVENUE, NORTH OF SAN GORGONIO WAY (Prest-Vuksic Architects, Applicant). City Engineer Mark Greenwood reviewed the staff report. He noted a secondary issue was the location and progress of the bus shelter. He said he had met with Frankie Riddle and progress was being made on the design and construction of the bus shelter. He distributed architectural renderings of the bus shelter to the Council for consideration. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 Upon question by Councilman Ferguson relative to the materials, the architect, John Vuksic, Prest/Vuksic Architects, responded that the bus shelter would be made of plaster which would painted various desert tones to match the building. Upon question by Councilman Kelly, he said it would be a metal frame covered in plaster, and the frame would not be seen. The benches would be made of concrete. Councilman Ferguson asked if the architect was worried about the plaster chipping, and Mr. Vuksic responded that they had not really considered what people might do to the bus shelter. Councilman Kelly said he felt SunLine staff should be involved in the approval of the bus shelter because the materials might be such that they will not hold up very well. Mr. Vuksic responded that with regard to the basic layout of the shelter, SunLine had seen it and liked it, although they had not discussed possible vandalism. Councilman Ferguson suggested approving the shelter conceptually, with the architect to have discussions with SunLine. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Mayor Pro Tem Crites moved to waive further reading and adopt Resolution No. 04-16, vacating the subject right of way on San Pablo Avenue, north of San Gorgonio Way, with added conceptual approval for the proposed bus shelter design, pending receipt of comments by the City Council. Motion was seconded by Ferguson and carried by a 5-0 vote. B. CONSIDERATION OF A CITY COUNCIL REQUEST FOR REVIEW OF A DECISION OF THE PLANNING COMMISSION, APPROVING A CONDITIONAL USE PERMIT FOR A MASTER PLAN OF DEVELOPMENT FOR A DRIVE-THRU RESTAURANT (WENDY'S) AND A SIT-DOWN RESTAURANT, AND A PRECISE PLAN OF DESIGN FOR THE WENDY'S RESTAURANT (INCLUDING DRIVE-THRU) ON PROPERTY AT THE NORTHWEST CORNER OF WASHINGTON STREET AND COUNTRY CLUB DRIVE — 78-078 COUNTRY CLUB DRIVE (APN 607-070-017) Case Nos. MP/CUP/PP 03-18 (Fountainhead Shrugged LLC, Applicant). Planning Manager Steve Smith reviewed the staff report, noting the updated package of plans delivered earlier in the day by the applicant and provided to the Council. He noted it altered the plan which was before Architectural Review Commission and Planning Commission and included an elevated view to the site from the overpass at the approximate location of the railway to the north. It also indicated the building being located 20 feet further to the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 north, thereby increasing the setback from Country Club Drive, increasing the landscaped area, and increasing the size of the future art area. The plan showed a future trellised component that would be designed to be placed over the drive-thru element, which had been a concern of one of the Planning Commissioners, and the actual design of the trellis had not been done at this point. He said the applicants had indicated they were prepared to offer an upgrade to the Art In Public Places contribution. With regard to landscaping, the project would have a Desert Willow -like design. In addition, there would be an expanded covered patio area on the south side, which was achieved as a result of the increase of 20 feet in setback. He said if Council was prepared to go ahead with this revised site plan, the matter could be handled with the draft resolution included in the Agenda packets. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. SAM SPINELLO, 75-600 Mary Lane, Indian Wells, spoke as representative of the developer. With regard to the Art In Public Places contribution, he said he had met with Mr. Twedt earlier that day and advised that he would be prepared to have the minutes of this meeting show they had obligated themselves to raising that contribution to $20,000 as a condition of the project. He said they did not know what the contribution would have been because it was a mathematical calculation based on what their total project costs would be, and it was thought that would be between $2,500 and $5,000. Upon question by Mayor Spiegel as to what will be put into the other building, Mr. Spinello responded that he did not know at this point, although it was not likely to have another fast food restaurant. He said there was a strong likelihood that it would be retail of some form, possibly a financial institution. MR. RICHARD FINKEL, Bundy/Finkel Architects, stated that with regard to the drive-thru trellis feature, it would be open on the sides and open beams on the top so that someone on Washington looking down on top of it would not see a collection of dust and leaves and ugly material. He said it was designed to complement whatever the building architecture is. Mayor Pro Tem Crites stated it appeared the view issue was almost entirely a view issue from the north going south, and Mr. Finkel agreed. Mayor Pro Tem Crites stated that there could be both openness and maximum non - visibility of what is below by arranging the beams similar to Venetian blinds. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 MR. FINKEL agreed this could be done and noted those beam members would probably be six to eight inches deep as it is. As closely spaced as they are, one would never be able to see down through them. Mayor Pro Tem Crites stated it was his understanding the developer had also secured the services of another local architect to consult on some of the exterior design features. MR. FINKEL responded that there was an interest in looking at the architecture from a different approach, and Mr. Vuksic had been contacted about providing input in that regard. With no furthertestimony offered, Mayor Spiegel declared the public hearing closed. Councilman Ferguson stated he had appealed this from Planning Commission. He said he chatted with Mayor Pro Tem Crites and met with Mr. Spinello and asked him to do nine things, all of which he did. He said he had explained to Mr. Spinello that he and Councilmember Benson had nine years ago sat on a comprehensive zoning ordinance review committee and only agreed to allow a freeway overlay that would permit a drive-thru restaurant in exchange for benefits to the community. Many of the things he had asked Mr. Spinello to do were exactly those benefits, such as pushing the restaurant back another 20 feet, providing a corner where Art In Public Places could be placed to make a real entry statement, etc. He said while he was comfortable with the architecture, Mr. Spinello had agreed to hire Mr. Vuksic and come up with a "wow" Wendy's instead of a "corporate" Wendy's. He said he had asked Mr. Spinello to consider doing a right in and right out so that it would shield the drive-thru on the west side of the building. City staff said no, so Mr. Spinello went back and came up with idea of putting an awning around and completely shielding the drive-thru. He said the point was that the Mr. Spinello was willing to do whatever the City wanted and went above and beyond. He noted that additional overlay zone projects would be coming in for Monterey and Gerald Ford, and Mr. Spinello had agreed to do his as a prototype so that the City can point to something and say if you want a drive-thru, this is along the lines of what you need to do. He added that he wondered why the City's Planning Commission and Planning staff did not remember all these extras that the Council wanted, and here was a developer who was more than willing and able to do it. Councilman Ferguson moved to approve the project as presented at this meeting, waiving further reading and adopting Resolution No. 04-17, affirming the Planning Commission action and approving Case Nos. MP/CUP/PP 03-18, subject to conditions. Motion was seconded by Benson and carried by a 5-0 vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 C. CONSIDERATION OF THE APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A PRECISE PLAN OF DESIGN, AND A TENTATIVE TRACT MAP TO SUBDIVIDE 9.75 ACRES INTO 64 SINGLE-FAMILY LOTS; MODIFIED SETBACKS FOR DWELLINGS ON THE 64 LOTS, AND TERMINATION OF THE EXISTING DEVELOPMENT AGREEMENT (DA 99-3, ORDINANCE NO. 932) — SOUTH SIDE OF PARK VIEW DRIVE BETWEEN ONE QUAIL PLACE APARTMENTS AND FAIRHAVEN DRIVE — 72-755 PARK VIEW DRIVE (APNs 640-040-001 /011 /012/013/014/015) Case Nos. TT 31969 and PP 03-24 (Mert Issacman/The Keith Companies, Inc., Applicant). Mr. Smith reviewed the staff report, noting a revised proposal from what was approved at Planning Commission, which was for effectively 63 lots with the ability of the applicant to come back for a 64th lot as long as it provided a community pool. He noted that last Friday the applicant advised that the property was actually half an acre larger than what the map had originally depicted. Sometime back a three-story retirement community was being considered on this site, and as part of that project the applicant had acquired half an acre of property at the south end from the church. That property had not been included in the first map. The revised map was now before Council which included the extra half acre and added one lot beyond the 64 lots which were requested when the map went to Planning Commission. It also increased rear yards by approximately 20-25%. He noted that at the Planning Commission hearing, residents in the neighborhood were present, supported the project, and wanted single-family homes in their community. Mayor Spiegel asked if consideration had been given to the traffic this will create, particularly for Parkview Drive. Mr. Greenwood responded that he did not believe a formal traffic study was prepared for this project, but the residential proposal here was less than the previous proposal for a congregate care facility. He said he did not have any traffic concerns with this project. Councilman Ferguson stated that page 5 of the staff report listed the setbacks and what the developer has provided, but it did not indicate what the City's code requires. He asked if it would meet all of the City's minimum setback requirements. Mr. Smith responded that it did not meet all of the minimum requirements. He said the City's two-story standards were set up for large lot development. Exhibit "C" to the resolution was a list of the areas where the developer was seeking modification to the setback standards. With regard to the side yard setback, City code currently requires 15 feet on each side, and this would be providing five on each side. He said the coverage limit was slightly exceeded 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 at 39.3%. Upon further question by Councilman Ferguson, he said the front setback was at 16 feet versus 20, and the rear setback was at minimum 25. Mr. Drell noted that if these units were all attached in one big building, they would meet the setbacks. He said this was trying to apply the setback standards for detached units, which does not apply to this density. Councilman Ferguson asked how many other parcels there were in the City zoned at PR-7. Mr. Drell responded that Desert Rose was PR-7. In addition, there were some two-story condos on San Luis Rey and on Highway 74 (Somerset) that were developed at PR-7. He said the standards were designed for either large lot single-family or multi -tenant, multi -family buildings, and this particular project was trying to do something in between. Mayor Pro Tem Crites said one of the issues was that when you attach things into multi -unit buildings, you have enough space to create significant spaces between buildings and have some open space of significance. When you detach everything you end up with very small distances between buildings. Mr. Drell responded that part of this was marketplace -driven and, in California, a product liability issue where litigation has told the developers to detach the units. He noted that at Desert Rose units were attached which created some efficiencies. The detached units sold very quickly, but the rest had to be subsidized to get them to sell. Upon question by Councilmember Benson, Mr. Drell responded that the units were all single-family. Basically, the single -story units were put on Fairhaven, which are across the street from single -story on the other side. This would allow transitioning from single -story to two-story. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. DAVID MOOREHEAD, representing Southern Sun Construction Co., applicant, said it was their objective to develop a first-class home priced around the $350,000 range. Their marketing studies suggested this was a target niche in the housing market that was not currently being filled; that is, premium homes in a gated community with first-class architecture and design. The size of the lots and the number of homes were dictated by the economics of what the land cost and the fact that it borders rental units, two- story on one side, commercial on another, apartments on the northeast side, and single-family on the southeast side. He said they wanted to have a friendly project to the neighborhood and tried to speak with everyone in the community. Of the 27 people who signed the petition in favor of the project, 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 several attended the Planning Commission meeting, and he felt the neighbors truly believed this would be a nice project for the area. Upon question by Councilman Ferguson, Mr. Moorehead responded that maximum roof height was 24 feet, and nothing would be higher than that. Upon further question, he said the average selling price for the project was $360,000 per the study, and the sizes ranged from 2200 to 1800 square feet. Councilmember Benson expressed concern that the project not end up looking like Araby in Palm Springs with that many units that close together. MR. MOOREHEAD said they had spent quite a bit of time with the Planning Department and Architectural Review Commission on that issue to make sure, for example, that the roofs were different from house to house as well as taking into account the neighbors side by side. He felt this would be a first-class property and something of which the City would be proud. MR. JERRY ROGERS, 43-840 Fairhaven Drive, at the corner of Arboleda, said his residence was probably one of the most heavily impacted by this project. He expressed his support for the project as it stands before the Council now. He said the one aspect he was concerned about was the continued closure of Fairhaven Drive in this area to mitigate some of the traffic difficulties in the past. He felt this project was truly what needs to be there from a transitional standpoint from One Quail Place over to single- family residences. Upon question by Councilman Ferguson, Mr. Rogers responded that he would like to see Fairhaven continue to be closed. MR. JOE SCARNA, 72-840 San Juan Drive, said he was in the Fairhaven Drive neighborhood and supported this project and felt it would help support the value of the homes in the neighborhood, many of which had been remodeled and upgraded over the years. He said they did share Councilmember Benson's concerns about the closeness of these homes, but he felt the proposed prices of the homes would draw a good group of people as purchasers who would take care of their homes. He agreed with Mr. Rogers about Fairhaven Drive and said he hoped the Council would keep it closed in order to mitigate traffic that had used it as a shortcut for many years. He also said he felt traffic signals needed to be considered to protect homeowners going out onto Parkview to go to work. MR. ROD MURPHY, 72-764 Arboleda, corner of Arboleda and Fairhaven, directly across from the proposed project, said he supported the project under the circumstances discussed by his neighbors, the two previous speakers, primarily the remaining closure of the streets, not only Fairhaven 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 but several streets that had been closed off of Fred Waring Drive. He said the project as presented to the homeowners had two exits onto Fairhaven which would be crash gates for the Fire Department, and he said the residents were concerned that it stays that way and that there not be egress for the new development. With no further testimony offered, Mayor Spiegel declared the public hearing closed. Councilman Kelly said he felt strongly that this was a good product, and he saw it as an example of something that would reach some of the City's objectives in the North Sphere where there would be a really quality product but still increase density. With regard to side yard setbacks, he said he did not find five feet to be a problem, since that is what he has with his own home. Councilman Ferguson said he felt the project was fine, although he was a little concerned that there are not standards for PR-7 and higher for detached units. He said he would like to see condos or some type of a detached ownership component to the higher and medium density in the North Sphere, and he felt it was necessary to have standards for detached high density. Mr. Drell noted that the project that is coming in will have an entire design manual for this type of product that can be reviewed and potentially incorporated into an ordinance. Councilmember Benson agreed the project was a little tight, but she felt it would probably work out. Mayor Pro Tem Crites moved to approve the project as presented at this meeting, waiving further reading and adopting Resolution No. 04-18, approving TT 31969 and PP 03-24, subject to conditions, and authorizing the City Manager to enter into an agreement with the property owner to terminate DA 99-3. Motion was seconded by Ferguson and carried by a 5-0 vote. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY Mayor Pro Tem Crites moved to add the following item to the Agenda. Motion was seconded by Ferguson and carried by a 5-0 vote: REQUEST FOR APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND THE CITY OF PALM DESERT AS IT RELATES TO A GRANT FOR THE AFTER SCHOOL PROGRAM (CONTRACT NO. C22430). Mr. Erwin stated that this was an agreement between the two agencies, with Desert Sands Unified School District providing in -kind services for facility use, etc., and the City providing payment for consulting services for the writing of the grant, not to exceed $5,000. Councilmember Benson moved to, by Minute Motion, approve the MOU and authorize the Mayor to execute same. Motion was seconded by Kelly and carried by a 4-0 vote, with Mayor Pro Tem Crites ABSENT. C. CITY CLERK 1. Reminder of Joint City Council, Redevelopment Agency, and Housing Authority Study Session on Friday, February 27, 2004, at 9:00 a.m. for Reviewing Current Project Status. Mrs. Klassen reminded Council of the following meetings: 1) The 9:00 a.m. Study Session on Friday, February 27th to review current project status; and 2) continuing today's earlier General Plan Public Hearing to: Friday, February 27, 2004, at 10:00 a.m., then to Wednesday, March 3, 2004, at 9:30 a.m., followed by Monday, March 15, 2004, at 10:00 a.m. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. San Pablo Avenue — Councilman Kelly asked staff what plans it had to improve southbound San Pablo Avenue at Highway 111, as he felt the left turn lane there was inadequate. Mr. Greenwood answered that such a project was being proposed in next year's Capital Improvement Projects —extending the left turn pocket for southbound San Pablo onto Highway 111, closing off one or two of the openings in order to do so. 2. Joshua Hills Property Purchase — Mayor Pro Tem Crites inquired about the status of the CVAG Executive Committee's recommendation for cities to endorse the subject property purchase. Mrs. Gilligan responded that the information had been provided to Mr. Ortega, and he scheduled it for the March 11 agenda. o City Council Committee Reports: 1. Colleae of the Desert Bond Measure — Mayor Spiegel provided his colleagues with a proposed map of new buildings and improvements planned for COD if the bond measure was passed. He noted one of the more significant items was that the Street Fair would be relocated to near the corner of Monterey Avenue and Magnesia Falls Drive, which would substantially alleviate parking issues at the Library. 2. Chris McKenzie in San Bernardino — Mayor Spiegel reported that League of California Cities Executive Director Chris McKenzie would be at the San Bernardino Hilton on Thursday from 11:45 a.m. to 1:15 p.m., presenting a plan for saving local democracy. He said appropriate City staff would be attending this presentation and would bring back a report. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 26, 2004 o City Council Comments: 1. City Council Liaison Reports. See above. XIX. ADJOURNMENT Councilman Crites moved to adjourn the meeting at 6:20 p.m. to Friday, February 27, 2004, at 9:00 a.m. for the Joint Study Session, then to 10:00 a.m. for the continued General Plan public hearing. Motion was seconded by Benson and carried by a 5-0 vote. ATTEST: RACHELLE D.KLASSEN, CITY CLER CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGL, OR 25