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HomeMy WebLinkAbout2004-07-08vYC MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, JULY 8, 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: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety 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 Steve Smith, Planning Manager Richard Twedt, Public Arts Manager III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 IV. ADJOURN TO CLOSED SESSION Mr. Erwin asked for the City Council's consideration of adding an item of property negotiation to the Closed Session agenda. Upon a motion by Mayor Pro Tem Crites, second by Councilman Ferguson , and 5-0 vote of the City Council, the following item was added to the Closed Session agenda: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: NWC Country Club Drive/Washington Street Negotiating Parties: Agency: Carlos L. Ortega/Mark Greenwood/City of Palm Desert Property Owner: Craig Smith/Fountainhead Development Under Negotiation: x Price x Terms of Payment Reauest for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon motion by Kelly, second by Crites, and a 5-0 vote of the Council, Mayor Spiegel adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:05 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilmember Jean M. Benson VII. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MS. LYNN HAWKS, with a business address of 42-240 Green Way, Suite E, Palm Desert, addressed the City Council as the new Chairperson of the Palm Desert Chamber of Commerce. She thanked Palm Desert and its City Council for all their involvement in the Chamber, reporting that they'd just concluded a two- day retreat where Councilman Kelly and Mayor Spiegel participated and provided valuable input. She noted that they held mixer and breakfast events each month, 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 which each enjoy robust attendance, and they were especially looking forward to their summer event, "Putt Putt on El Paseo" miniature golf tournament on Wednesday, July 14. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS On behalf of the City and the City Council, Mayor Spiegel and Mr. Ortega presented a dozen red roses to Director of Housing Terre La Rocca in recognition of her nine and a half years of service with the City and Redevelopment Agency. Ms. La Rocca would be retiring from her position with the City tomorrow, July 9, and many years of public service related to housing programs in other jurisdictions. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of June 24, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 242, 243, 247, 255, and 256. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Elvia Delao, et al., for La Casita Restaurant #6, 72-785 Highway 111, #B1, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by RPM Petroleum, Inc., for Palm Desert Shell, 77-920 Avenue of the States, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meetings of May 18, and May 25, 2004. 2. Sister Cities Committee Meeting of May 20, 2004. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 F LETTER OF RESIGNATION from Beverly Bergh — Library Promotion Committee. Rec: Receive with very sincere regret. G. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. H. REQUEST FOR AUTHORIZATION to Dispose of Obsolete Property Transfer Request/Release of Accountability Forms. Rec: By Minute Motion, authorize staff to destroy the remaining blank Property Transfer Request/Release of Accountability Forms, which are no longer utilized. I CONSIDERATION of the Application to Commission Artwork for Stone Eagle Development (Lowe Stone Eagle Corp., Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. J. REQUEST FOR AWARD OF BID for the Construction and Installation of Two Concrete Padsforthe El Paseo Entrance Sign Water/Sculpture Feature (Contract No. C21960A). Rec: By Minute Motion, award the subject bid to Michael Volpone, Cathedral City, California, in the amount of $3,100 and authorize said expenditure from Account No. 436-4650-454-4001. K. REQUEST FOR AUTHORIZATION to Accept PM10 Post Wind Event Street Clean-up Services (Contract No. C22560B). Rec: By Minute Motion, accept post wind event clean-up services for streets in Palm Desert by CleanStreet, Gardena, California, as proposed in their letter of June 9, 2004 — funds are available in Account No. 110-4310-433-3320, and agencies can be reimbursed 88% of the cost of this additional work through the Coachella Valley Association of Governments (CVAG). 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 L. REQUEST FOR APPROVAL of Soil Testing Services (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: By Minute Motion, approve use of the following firms for Soil Testing Services for various projects: 1) Earth Systems Southwest, Bermuda Dunes, California; 2) WEC Corporation, Palm Desert, California; 3) MACTEC, Inc., Los Angeles/Cathedral City, California; 4) Landmark Geo Engineers ; 5) Sladden Engineering, Palm Desert, California — funds are available for these services in the respective project accounts. M. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C20210 — Engineering and Design Services for the Desert Crossing Intersection Improvements (Project No. 615-02). Rec: By Minute Motion, approve Change Order No. 2 in the amount of $19,500, including contingency, to the subject contract with PSOMAS, Los Angeles, Califomia, and authorize the Mayor to execute same. N. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22380 — Citywide Tree Pruning Program (Project No. 932-XX). Rec: By Minute Motion: 1) Authorize transfer of $1,854.35 from contingency to base contract for the subject project; 2) approve expenditure of $7,910 from Account Nos. 110-4610-453-3320, 110-4611-453-3320; 110-4611-453-3370, and 110-4611-453-3371; 3) approve Change Order No. 1 in the amount of $7,910 to the subject contract with TruGreen Landcare, Upland, California, which includes contingency for the Citywide Tree Pruning Project. O. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C21210 — Citywide Slurry Seal Program (Project No. 751-03) (PetroChem Marketing, Inc., Santa Ana, 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. P. REQUEST FOR AUTHORIZATION to Reject Bids for Construction of the Palma Village Neighborhood Park and to Redesign and Rebid. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Q. REQUEST FOR APPROVAL of Final Parcel Map No. 31056 (Nelbeck, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 04-76, approving Parcel Map No. 31056 and approving the Agreement relating thereto. Approved 4-0-1, with Mayor Pro Tem Crites ABSTAINING. R. CONSIDERATION of Request for Parking Restriction on Highway 74 at the Art Smith Trailhead. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S. REPORT on Existing Traffic Signal at Highway 74 and El Paseo. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. T. REQUEST FOR APPROVAL of a Grant of Easement for Pedestrian Access in the "North Area" at Westfield Shoppingtown. Rec: By Minute Motion, approve of the Grant of Easement for pedestrian access from Westfield Shoppingtown to the City and authorize the Mayor to execute same. U. REQUEST FOR APPROVAL of the Sponsorship of the Chamber of Commerce's 50`h Anniversary. Rec: By Minute Motion, approve the City's 24 Karat Sponsorship of the Chamber of Commerce's 50th Anniversary and appropriate $10,000 from the Unobligated General Fund for this purpose. V. INFORMATIONAL ITEMS: 1. Update on Approved Commercial/Industrial Projects 2. Notice of the Association of Public Treasurers of the United States & Canada's Certification of Palm Desert's Investment Policy 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Councilman Ferguson asked that Item I be removed for separate discussion and action under Section XI, Consent Items Held Over. Councilmember Benson removed Items E and S, Councilman Kelly removed Item R, and Mayor Spiegel removed Item G. Mr. Ortega asked that Item P also be removed for separate discussion and action. Mayor Pro Tem Crites noted that he would ABSTAIN from the vote on Item Q. Councilman Kelly moved to approve the remainder of the Consent Calendar as presented. Motion was seconded by Crites and carried by a 5-0 vote, with Mayor Pro Tem Crites ABSTAINING from the vote on Item Q. XI. CONSENT ITEMS HELD OVER E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meetings of May 18, and May 25, 2004. 2. Sister Cities Committee Meeting of May 20, 2004. Councilmember Benson requested a correction to the Minutes of the Sister Cities Committee Meeting of May 20, 2004, to show her as 'Councilmember" rather than "Chairman." Councilmember Benson moved to receive and file the subject Minutes with a correction on the Sister Cities Committee Minutes to show Jean Benson as "Councilmember" instead of Chairman. Motion was seconded by Ferguson and carried by a 5-0 vote. G. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal. Mayor Spiegel stated that while he had no problem disposing of the surplus property, he wanted to be sure the items were first offered to Palm Desert's Sister City Ixtapa-Zihuatanejo and to the School District so they do not go to waste. Mayor Spiegel moved to, by Minute Motion, declare the items listed on the accompanying staff report's Exhibit "A" as surplus property and authorize its disposal by any of the recommended methods, with staff directed to first offer donation of the surplus items to Palm Desert's Sister City Ixtapa-Zihuatanejo and the School District prior to exercising any of the other methods of disposal. Motion was seconded by Kelly and carried by a 5-0 vote. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 I. CONSIDERATION of the Application to Commission Artwork for Stone Eagle Development (Lowe Stone Eagle Corp., Applicant). Upon question by Councilman Ferguson, Public Arts Manager Richard Twedt responded that the intent of the artist and developer was to create a landmark so people asking directions to the Stone Eagle project, they could be directed to make a turn at the stone eagle on Highway 74 because the configuration of stones would resemble an eagle. He noted that the artist was available to answer any questions. Artist Michael Watling stated that the picture included in the packets did not do the artwork justice. He said it was difficult to make a model, but the actual artwork would represent the Stone Eagle Corporation logo in three dimensions and would be made of stone extracted from the project. He assured the Council that the actual sculpture would look like an eagle. Councilman Ferguson moved to, by Minute Motion, concur with the Art In Public Places Commission's approval for the Applicant to commission Michael Watling to create an artwork for the Stone Eagle Development in the amount of $65,000. Motion was seconded by Kelly and carried by a 5-0 vote. P. REQUEST FOR AUTHORIZATION to Reject Bids for Construction of the Palma Village Neighborhood Park and to Redesign and Rebid. Mr. Ortega stated that while staff recommended rejection of all bids received, an additional recommendation was also suggested. Parks and Recreation Planning Manager Jeff Winklepleck stated that staff requested authorization from the Council to negotiate with the lowest bidder, James E. Simon Company of Indio. He added that staff would bring back a recommendation to the Council after said negotiations. Mayor Pro Tem Crites moved to, by Minute Motion: 1) Reject all bids received for construction of the Palma Village Neighborhood Park (Contract No. C21140B, Project No. 712-02); 2) authorize staff to negotiate with the project's low bidder, James E. Simon Company, Indio, California, and to return with a recommendation thereafter. Motion was seconded by Ferguson and carried by a 5-0 vote. R. CONSIDERATION of Request for Parking Restriction on Highway 74 at the Art Smith Trailhead. Councilman Kelly said he felt people should be allowed to park in the areas where the Caltrans "No Parking" signs are located. Mayor Pro Tem Crites explained that several years ago Caltrans installed "No Parking" signs on the west side of Highway 74 at the request of 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Califomia Fish & Game. The City felt this was a good place for people to park while walking on various trails and requested that the signs be removed. That request was denied, and the signs remained. Caltrans has now determined that the only way to keep the signs up is to have City approval of the no parking zone; if the City does not adopt an ordinance or resolution approving the no parking zone, the signs will be removed. He said this was Caltrans' way to correct the situation. Councilman Kelly moved to, by Minute Motion, deny the request for an ordinance or resolution restricting parking on Highway 74 at the Art Smith Trailhead. Motion was seconded by Crites and carried by a 5-0 vote. S. REPORT on Existing Traffic Signal at Highway 74 and El Paseo. Councilmember Benson stated it was her understanding that CalTrans had indicated they could get to work on the Highway 74/Shadow Mountain signal right away, and she questioned the anticipated completion date of Fall 2005. Mr. Greenwood responded that Fall of 2005 was actually was very much a fast track for a Caltrans traffic signal. He added that the City has to prepare the signal plan, get them to approve it, order all the parts, hire the contractor, and pay for the signal — they are merely approving what the City will do, but it will take a year. He added that staff would work as hard as possible to expedite installation. Further, he pointed out that this request was for an additional signal head at the existing signal at Highway 74 and El Paseo, and Caltrans had agreed it was necessary, but it would be the City's responsibility if it desired to proceed. Therefore, he said staff recommended incorporating this project with the Shadow Mountain signal project. Councilmember Benson said she felt the Caltrans representative should be reminded that they indicated they would do everything they could to get it done quickly. Councilmember Benson moved to receive and file this report. Motion was seconded by Ferguson and carried by a 5-0 vote. With City Council concurrence, Mayor Spiegel moved to Public Hearing A— please see that portion of the Minutes for Council discussion and action. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 XII. RESOLUTIONS A. RESOLUTION NO. 04-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2003/04 BUDGET TO PROVIDE ADDITIONAL APPROPRIATIONS FROM THE TRAFFIC SAFETY, GAS TAX, INTERNAL SERVICE, AND THE GENERAL FUND. Mr. Gibson reviewed the staff report and recommendation. Councilman Kelly moved to waive further reading and adopt Resolution No. 04-77. Motion was seconded by Ferguson and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1072 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING ITS ORDINANCE NO. 855, AND ADOPTING A NEW "PERSONNEL ORDINANCE" (AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.52). Mr. Ortega noted the staff report and recommendation in the packets. Mayor Pro Tem Crites moved to waive further reading and pass to second reading, with the understanding that "Meet and Confer" sessions will be held with the Palm Desert Employees Organization during July and prior to second reading at the regular City Council Meeting of August 26, 2004. Motion was seconded by Ferguson and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1046A - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO CHAPTER 25.15, HILLSIDE PLANNED RESIDENTIAL DISTRICT Case No. ZOA 02-06 (City of Palm Desert, Applicant). Mayor Pro Tem Crites left the meeting during discussion and action on this item. Mayor Spiegel noted that this particular ordinance would affect property owned by Mayor Pro Tem Crites, and that is why he left the meeting at this time. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1046A. Motion was seconded by Benson and carried by a 3-1 vote, with Councilman Kelly voting NO and Mayor Pro Tem Crites ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 B. ORDINANCE NO. 1067 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM OPEN SPACE (O.S.) TO R-1 9000 FOR 41 LOTS AROUND THE GOLF COURSE PERIMETER; CHANGING THE ZONE FROM OPEN SPACE (O.S.) TO PR-6 (PLANNED RESIDENTIAL, SIX UNITS PER GROSS ACRE) FOR 9.68 ACRES IN THE AREA OF THE EXISTING DRIVING RANGE — ALL PROPERTY BEING A PORTION OF SECTION 13 AND 14, T5S R6E, PALM DESERT COUNTRY CLUB AREA Case No. C/Z 04-01 (PDCC Development, LLC, and Dahoon Investment Company, Inc., Applicants). Mr. Ortega noted that this was not a public hearing, although Council could accept public testimony if wished to do so. He noted, however, that any information submitted was not part of the administrative hearing record. MS. JANET CHRISTIAN, 43-760 Elkhorn Trail, Palm Desert, spoke in favor of this project. She noted there had been objection to a flyer which she had personally written. Although she included the logo of the developer, the developer was not aware of the flyer and was not involved in its creation. She apologized for any inaccuracies that may have been in that flyer. MS. SUZANNE TRACY, 77-020 Utah Circle, Palm Desert, read a letter written by Lisa Theodoratus (on file and of record in the City Clerk's Office). Mayor Pro Tem Crites noted that someone had, without the City's knowledge and with no factual data, misrepresented a City position, and he asked if the Council had the right to ask that whoever sent that letter send a retraction of that component of it to everyone who received it. Mr. Erwin said Council could certainly request that. A gentleman stepped to the podium and indicated that the document entitled "Salient Facts" had indicated he falsified his homeowner claim, and he stated that this was not true in any way, shape, or form. Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1067. Motion was seconded by Benson Councilman Ferguson stated it was troubling to receive documents like those just referenced. He accepted the apology from Ms. Christian. He felt the "Salient Facts" piece was despicable, said he had received things like this in the past, and he extended his apologies for that. He said he hoped individuals on both sides of the issue realized the Council had approved the project. He added that he would like to send a message to whoever wrote the "Salient Facts" document that it is completely unnecessary at this point 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 and will not do anything to change anything except harden the feelings of neighbor against neighbor. He did not think this was the way residents of Palm Desert Country Club want to live, and it was certainly not the way the Council wants to see residents get along. Mayor Pro Tem Crites said he hoped whoever takes responsibility for putting the City of Palm Desert's name on a request that was absolutely untrue would do the City the courtesy of making sure a letter goes out very clearly noting it was not true. To the people who were the recipients of the charges in that document, he noted that the City received a lot of letters and had developed a sensitivity over the years to tell when something is unlikely to be true. The letter would still be received, but that did not mean it was believed. Mayor Spiegel called for the vote, and the motion carried by a 5-0 vote. C. ORDINANCE NO. 1068 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT, WHICH WILL PROVIDE FOR, AMONG OTHER MATTERS, MODIFIED DEVELOPMENT STANDARDS AND PROVISIONS REQUIRING THAT GOLF COURSE IMPROVEMENTS BE CARRIED OUT IN A TIMELY MANNER Case No. DA 04-01 As It Relates to Case Nos. C/Z 04-01. TT 31836. and PP 04-01 (PDCC Development, LLC, and Dahoon Investment Company, Inc., Applicants). Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1068. Motion was seconded by Benson and carried by a 5-0 vote. XIV. NEW BUSINESS A. CONSIDERATION OF AN AMENDMENT TO SECTION 3.36.010 OF THE PALM DESERT MUNICIPAL CODE, RELATIVE TO THE AREA SUBJECT TO THE FIRE PROTECTION FUND. Mr. Ortega noted the staff report and recommendation provided to Council. Mayor Spiegel noted that part of the area shown on the revised map as being required to pay the Fire Facility Fee because it was outside the five- minute response area was actually in Palm Desert Country Club. He asked if the fire station on Washington just north of Interstate 10 would take care of Palm Desert Country Club within that five-minute response time. West Desert Division Fire Chief Ignacio Otero responded that fire station does cover part of Palm Desert Country Club; in addition, the fire station in Indian Wells would cover another part. He said it was his understanding the map was referring more to the northern part of the City. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Councilman Kelly moved to waive further reading and pass Ordinance No. 1073 to second reading. Motion was seconded by Ferguson. Councilman Ferguson asked if the fee was per dwelling unit or single family residential home. Mr. Erwin stated that the fee was $100 per residential unit and $100 per 1,000 square feet of non-residential construction. Upon question by Mayor Spiegel as to buildings in the North Sphere that have already been approved, he responded that this would not apply to those that have already been approved. He added that fees would be imposed at the building permit stage. Mayor Spiegel called for the vote. Motion carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF AGREEMENTS WITH THE COUNTY OF RIVERSIDE, RIVERSIDE COUNTY LIBRARY SYSTEM/LSSI FOR LIBRARY SERVICES THROUGH JUNE 30, 2005. Mr. Ortega noted the staff report and recommendation in the packets. Mayor Pro Tem Crites moved to, by Minute Motion: 1) Approve Contract No. C14166 - Sixth Amendment to Agreement to Provide Library Services (Additional Staff) forthe Event and Volunteer Coordinator positions and a part-time Computer Instructor/Lab Technician; 2) approve Contract No. C18023 - Third Amendment to Agreement to Provide Library Services (Additional Hours/Bookmobile); 3) authorize the Mayor to execute said contracts; 4) authorize issuance of a City Purchase Order, favoring Library Systems and Services, Inc., (LSSI), Germantown, Maryland, in the amount of $55,000 forthe purchase of materials for FY 2004/05 — all of the above funding has been set aside in the FY 2004/05 budget in Account No. 452-4662-454-4001, no additional appropriations are necessary. Motion was seconded by Ferguson and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR SERVICES FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 4 (CONTRACT NO. C22860). Mr. Ortega noted the staff report and recommendation in the packets. Councilmember Benson said it would be helpful to have a map which outlines all the various maintenance areas and the contractors who perform the maintenance for each. Mayor Pro Tem Crites moved to, by Minute Motion: 1) Reject the low bid submitted by Sunflower Landscaping, Indio, California; 2) award the subject contract to Steven Burt & Associates, Bermuda Dunes, California, in the amount of $134,750 and authorize the Mayor to execute same — funds are available in Account No. 110-4611-453-3370, with staff 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 asked to provide City Council with a map for reference, which outlines all the various Consolidated Landscape Maintenance Areas and the contractors who perform the maintenance for each. Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR EXTENSION OF CONTRACT FOR SERVICES FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 5 FOR FISCAL YEAR 2004/05 (CONTRACT NO. C20991, PROJECT NO. 905-03). Mayor Pro Tem Crites moved to, by Minute Motion, approve extension of the subject contract with Steven Burt & Associates, Bermuda Dunes, California, in the amount of $122,816.16 — funds are available in Account No. 110-4611-453-3320. Motion was seconded by Ferguson and carried by a 5-0 vote. E. REQUEST FOR EXTENSION OF CONTRACT FOR SERVICES FOR CONSOLIDATED LANDSCAPE MAINTENANCE AREA NO. 7 FOR FISCAL YEAR 2004/05 (CONTRACT NO. C20851, PROJECT NO. 903-02). Mayor Pro Tem Crites moved to, by Minute Motion, approve extension of the subject contract with Garza Landscaping Inc., Indio, California, in the amount of $65,116.80 — funds are available in various Assessment District accounts. Motion was seconded by Ferguson and carried by a 5-0 vote. F. REQUEST FOR APPROVAL FOR ENGINEERING SERVICES FOR PALM DESERT HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01. Mr. Ortega noted the staff report and recommendation in the packets. Mayor Spiegel noted that he lived in the area, and he asked whether he was excluded from voting on this request. Mr. Erwin responded that he could not participate in discussion and vote on this matter, and Mayor Spiegel left the meeting. Councilman Kelly moved to, by Minute Motion: 1) Approve a contract with MuniFinancial, Temecula, California, in the amount of $123,087 for Assessment District Engineering Services for the subject District and authorize a 10% contingency in the amount of $12,308 (Contract No. C23000A); 2) approve Southem California Edison Work Order No. 4-7112 6879-7106 in the amount of $3,000 for engineering services (Contract No. C23000B); 3) approve Verizon Engineering pre -deposit in the amount of $5,000 for engineering services (Contract No. C23000C); 4) authorize the Mayor to execute said documents and the appropriation of $143,395 from the Unobligated Fund 400 Reserves for this project. Motion was seconded by Ferguson and carried by a 4-0 vote, with Mayor Spiegel ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 XV. CONTINUED BUSINESS None XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE RESULTS OF THE PROPERTY OWNER PROTEST PROCEEDING FOR THE FORMATION OF LANDSCAPE AND LIGHTING DISTRICTS: BOULDERS, PETUNIA I, PETUNIA II, SUNDANCE EAST, COLLEGE VIEW ESTATES I, OLIVE COURT, AND PALM COURT. Senior Management Analyst Martin Alvarez reviewed the staff report and recommendation to open the public hearing and take testimony on these new landscape and lighting districts. He noted that ballots were mailed to property owners on May 24, and the public hearing was scheduled for July 8th following the 45-day balloting period. Staff also asked that the audience turn in any outstanding ballots prior to closure of the public hearing. Mayor Spiegel declared the public hearing open and invited testimony from the audience; no testimony was offered. He asked that any outstanding ballots be turned in at this time; no ballots were turned in, and he declared the public hearing closed. Staff was directed to open and tabulate the property owner ballots and to return with the results to be announced at the appropriate time later in this meeting. When Council retumed to this item, Mayor Spiegel asked for the results of the balloting. City Clerk Rachelle Klassen announced the results as follows: ZONE YES Olive Court, Tr. 30269 $1,586.10 Petunia I, Tr. 30025 2,574.90 Petunia II, Tr. 30275 336.78 Sundance East, Tr. 30503 3,653.92 College View Circle, Tr. 29444 2,627.04 The Boulders, Tr. 30030 1,268.88 Palm Court, Tr. 25373 3,097.44 NO $1,903.32 (Failed) 2,288.80 3,704.58 (Failed) 456.74 1,970.28 317.22 516.24 Councilman Ferguson moved to waive further reading and adopt: 1) Resolution No. 04-78, declaring the results of the property owner protest proceeding for the formation of the subject Landscape and Lighting Districts, with the results as announced above to be inserted into the Resolution; 2) Resolution No. 04-79, approving and/or amending the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Engineer's Report regarding the formation of the subject Landscape and Lighting Districts, and the levy and collection of annual assessments for FY 2004/05; 3) Resolution No. 04-80, approving formation of the subject Landscape and Lighting Districts and the concurrent annexation of said districts into the Palm Desert Consolidated Landscaping and Lighting District, and the levy and collection of annual assessments commencing with FY 2004/05. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF A 11,945 SQUARE FOOT OFFICE BUILDING LOCATED ON THE SOUTH SIDE OF FRED WARING DRIVE, APPROXIMATELY 368 FEET EAST OF SAN PABLO AVENUE Case No. PP 03-22 (Patel Architecture, Applicant) (Continued from the meetings of June 10, and June 24, 2004). Assistant Planner Tony Bagato reviewed the staff report and recommendation, including a computer presentation. He noted a correction to page 5 of the staff report, which indicated the architectural projection encroaches six feet into the required setback; however, it only encroaches two feet, so it complies with the Section 25.56.210. Planning Commission reviewed the project and endorsed the architecture, concurring with staff in lowering the building to comply with all the standards of the zone. Staff recommended approval. Mayor Spiegel declared the public hearing open and invited testimony. MR. NARENDRA PATEL, project architect, resident of Rancho Mirage, CA, offered to answer any questions. Upon question by Mayor Spiegel regarding the tensil fabric awnings, Mr. Patel responded that this fabric was engineered to be used outdoors, and it was similar to what was used at Palm Springs Airport, although it was lighter weight and was not fiberglass coated. He added that the fabric was specially engineered to be part of the building. Upon question by Mayor Pro Tem Crites, Mr. Patel responded that he was willing to live with modifications as proposed by staff. Councilman Ferguson said he felt the proposed building looked fantastic. He questioned the requirement for the applicant to lower the building to 25 feet and asked if that meant the roof parapet. Mr. Bagato responded that this was correct, and the main parapet would be lowered to 25 feet to meet the standards of the zone, and the three tower elements could be approved because they were Tess than ten percent of the ground floor area at seven percent. With no further testimony offered, Mayor Spiegel declared the public hearing closed. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Mayor Pro Tem Crites moved to waive further reading and adopt Resolution No. 04-81, approving Case No. PP 03-22, subject to the conditions attached. Motion was seconded by Ferguson and carried by a 5-0 vote. C. CONSIDERATION OF THE APPROVAL OF A CHANGE OF ZONE FROM PR-5 (PLANNED RESIDENTIAL, FIVE DWELLING UNITS PER ACRE) TO PCD (PLANNED COMMUNITY DEVELOPMENT), A DEVELOPMENT AGREEMENT TO SUPERSEDE THE EXISTING WONDER PALMS DEVELOPMENT PLAN TO EXPAND PLANNING AREA NO. 5, A MASTER PLAN OF DEVELOPMENT FOR THE NEW PLANNING AREA NO. 5, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO — PROPERTY IS GENERALLY LOCATED SOUTH OF GERALD FORD DRIVE BETWEEN PORTOLA AVENUE AND COOK STREET (37-500 COOK STREET) Case Nos. C!Z 03-013 and DA 04-02 (American Realty Trust, Desert Wells 237, LLC, and RBF Consulting, Applicants) (Continued from the meeting of June 10, 2004). Planning Manager Steve Smith noted that at the last meeting, Council indicated it did not want to go forward with a Study Session, and he asked for Council direction at this time. Councilman Ferguson said it was his understanding from the last meeting that the discussion centered around the uneasiness of approving a new zone for medium density without any plans to go along with it so Council could see how it translates into the blueprints. He said he thought Council had asked this project to come back with a set of plans for one of those 17 parcels. He added that he was no more comfortable now than he was when this project first came to Council. He asked if there was any reason why we cannot take the first parcel that comes along for development, give the developer the report, and tell him this is what the Planning Commission recommended but the Council would feel more comfortable seeing it with a set of plans and do the change of zone at that time. Mr. Smith responded that Council could do that. He noted that the zone change to PCD would necessitate the Council acting on the master plan of development. However, if Council did not proceed with the zone change, it would not need to proceed with the master plan. He said it could be brought back when there is a proposal to bring to Council. Councilman Kelly said with regard to the Study Session mentioned by Mr. Smith, the Council did not want to consider the request the way it was presented. Some members of the Council, including himself, did not see the need for a Study Session because there was nothing there to study. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Mayor Spiegel said there were some areas of the City's North Sphere that had been developed as subdivisions (i.e., Petunia Place) where there is one long street, all the houses are by rote, and there is nothing very interesting about the street. He said he and Councilman Ferguson had talked to the developer and asked if this property would have subdivisions like that, and the developer said absolutely not. He said Council had not seen those subdivisions before they were developed and that they had just gone through. He expressed concern that if this request is approved, the same type of thing will happen. Mr. Smith responded that there were 17 planning areas shown on the master plan. Each of the 17 were some of the planning areas to be divided, and they would be going through the precise plan process and would be reviewed at least by Architectural Review Commission and Planning Commission. As always, Council had the ability to call up any of those actions. Councilman Ferguson agreed with Councilman Kelly that there was nothing to study, not that the document itself was not substantive, which it was. He said he would like to see it in application on a precise plan, and then he could see how it translates from an ordinance that would bind the City to kind of get a trial run to see what it is going to look like. He said if he liked it, he would probably vote for it. Mayor Pro Tem Crites stated that if the Council had approved something that looked like the documents they had in front of them a month and a half ago, the City would not have ended up with places like Petunia. He said those were the kinds of things that those planning documents would not have allowed. He said he felt there was a remarkable amount of substance and detail in those documents, and he remained perplexed by the reactions of some of his colleagues. Councilmember Benson said she could not see the reason for not rezoning to make it consistent with the General Plan when each of the plans has to come in to be approved as it goes along. Mayor Spiegel declared the public hearing open and invited testimony from the developer. MR. DAN ALLRED, American Realty Trust, representing one of the two property owners, 1800 Valley View Lane, Suite 300, Dallas, Texas, 75234, said they were trying to go beyond the call of duty to do a more detailed proposal for the property zoning than just putting basic zoning on the property, which is what was called for on the just -adopted General Plan. In an effort to reach a middle ground here, he said they would take the "book" off the table. He said they would just like the property zoned. The property had been zoned three years ago and had an approved tentative tract map 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 and grading permit. They had stopped everything and told the City it could take all this property back through the General Plan process. He asked that the Council just zone the property, and they would bring each parcel in with a plan and have all the appropriate committees/commissions go through each project. Councilman Ferguson said there were two issues. One was a change of zone where the existing medium density zone is applied to the property where appropriate. There is also a change of the zoning ordinance where we modify all the standards from the old medium density zoning ordinance to this "book". His concern was with the "book"; if the applicant just wanted to change it to the City's existing medium density zone with the new bonus, he would not have a problem with that. Mayor Pro Tem Crites said it was his understanding the request for a zone was PCD. Councilman Ferguson asked if that was the City's existing PCD or if it was a new proposal. Mr. Smith said the legal notice for the application was for the property being rezoned to PCD. A requirement of the PCD zone is that there be a master plan. If there is not going to be a master plan, you do not want to change the zone to PCD. The master plan was the "book". Councilman Ferguson noted that one of the Planning Commissioners had voted against this; he had read her reasons why and talked to her, and if he were forced to vote on this tonight, he would probably vote against it. He said he was trying to vote for it, and the best way he could do that was to have the developer bring him a precise plan for one of those parcels so he could see how the master plan was implemented. If it looked good, he could support it, but if it did not, he was going to see if the Planning Commissioner was right about some of her concerns. MR. BOB ROSS, RBF Consulting, the engineering firm for American Realty Trust and Desert Wells 237, the applicants, asked if the application could be modified to go to an appropriate medium density zone, an appropriate low density zone, and get zoning in conformance with the General Plan land use that was approved. He said he was not sure what that does to the noticing, but that would take away the need for the master plan when they come in with a single family tentative map. Councilman Kelly said he felt this was more complicated. He did not see this as a master plan, and he did not feel there was enough description of what is going to be done with each of those parcels for him to consider it a master plan. He said for him, it has to be not just ten units per acre, but if the 19 MINUTES • REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 developer has something above that proposed, he felt that should be in the master plan so he could vote against it if he does not think it is right. He said he wanted to see each of the parcels so he could see what density was proposed. He added that he wanted to be sure that anything that would increase the density comes through to the City Council for review. Councilman Ferguson asked Mr. Allred whether Mr. Marix was actually going to build something there or if he was just going to flip it to other developers. MR. ALLRED responded that Mr. Marix was away at a family wedding. Although he did not like speaking for Mr. Marix, he felt he would probably develop Tots for builders. He said it was his understanding Mr. Marix had recently sold his building company and was trying to get out of actually building houses. Councilman Ferguson said what he would tell Mr. Marix if he were here is to take the "book" and come back with a plot plan that shows where he is going to put things and what it is going to look like and have Council consider the master plan with at least some application of it on a blueprint. He noted that everything out there has been low density forever, but not everything that has been built out there is low density, and the zone is usually changed when an application is received to do something with a precise plan. While the law says that a zoning ordinance that is inconsistent with the general plan is unenforceable after a year, it does not say the zoning has to be changed. He said Mr. Marix could help him out if he could just come back with something for Council to look at. MR. ALLRED said from American Realty Trust standpoint and also he felt from Mr. Marix's standpoint, they needed some assurance before spending a lot of money. He said they would like to at least know that the City is going to recognize the zoning before spending a hundred thousand dollars on the first land plan. He clarified with staff that medium density is 4-10, and he said it would help to know the City at least recognized that this area is 4-10 density so that they don't come in with a 7-unit breaker project on an initial submittal that has had a lot of money spent on it and have the City say we really don't like that density there. Councilman Ferguson said if the applicant came in with a plan between 4 and 10, with the City's General Plan, there is legally nothing the City could to about it. It could not enforce the lower density ordinance against the applicant, nor would the City do so because the Council has just made up their minds to do it medium density. Councilman Kelly reiterated that he wanted to see something before he approved it. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Mayor Pro Tem Crites said the Council was not discussing approving a project; it was discussing making the zoning conform to what the Council has already voted to do, and that was medium density. Within medium density or low density or anything else that is zoned, the City has every right to make decisions about setbacks, heights, buildings, parkways, etc. He said the Council could approve straight medium density as shown on the plan. Mayor Spiegel said there were problems with what was shown. He said on the corner of Cook Street and Frank Sinatra, opposite the view corridor for UCR and CalState, there was office professional, and he was not sure that was what the Council wanted there. Council may want something else there. He said there were three pocket parks in there, and the Council was talking about doing a regional park and purchasing land not too far away from there. He wasn't sure the City wanted three parks there. But if the Council signs off on this, it is signing off on three pocket parks and office professional on the corner of Cook Street and Frank Sinatra. Councilman Crites said that was what was on the general plan, and that is what the Council voted to do several months ago. MR. ALLRED said that corner happened to be one of the pieces owned by American Realty Trust rather than Mr. Marix. He understood Mayor Spiegel's concern but said his company had built quite a few nice office buildings over the years, and their plan would be to set it back and make a nice area at that corner. Mayor Spiegel invited testimony from the audience in FAVOR of or in OPPOSITION to this request. With no further testimony offered, he declared the public hearing closed. Councilman Kelly moved to take no action at this time. Mr. Erwin said he would rather Council take specific action as opposed to taking no action or tabling the matter. Councilman Kelly amended his motion to DENY Ordinance No. 1070 and approval of Case Nos. C/Z 03-013 and DA 04-02. Motion was seconded by Ferguson and carried by a 3-2 vote, with Councilmember Benson and Mayor Pro Tem Crites voting NO. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 D. REQUEST FOR APPROVAL OF THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT, AND GRANTING FINAL APPROVAL FOR THE ENGINEER'S REPORT FOR FISCAL YEAR 2004/05 (Continued from the meeting of June 24, 2004). Mr. Martin Alvarez reviewed the staff report and recommendation and offered to answer any questions. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilmember Benson moved to waive further reading and adopt: 1) Resolution No. 04-82, amending or approving the final Engineer's Report for the Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2004/05; 2) Resolution No. 04-83, ordering the levy and collection of assessments within the Consolidated Palm Desert Landscaping and Lighting District, Fiscal Year 2004/05. Motion was seconded by Kelly and carried by a 5-0 vote. E. REQUEST FOR APPROVAL OF THE COST OF SERVICES STUDY (NEXUS STUDY) CONDUCTED BY ZUCKER SYSTEMS AND ADOPTION OF A RESOLUTION MODIFYING THE CITY'S FEES FOR SERVICES. 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 matter. With no testimony offered, he declared the public hearing closed. Councilman Kelly said he was surprised not to see Mr. Ed Kibbey of the Building Industry Association here to speak on this matter. Mr. Croy stated that Mr. Kibbey was ill, although he wanted to attend the Council meeting. He said he had been working with Mr. Kibbey on this from the beginning of the process. Upon question by Councilman Kelly, he said Mr. Kibbey was in favor of the process and was involved with the selection process of Zucker Systems. In addition, he said Mr. Kibbey understood that the fees are reasonable, and he asked that the City keep everything fair at all times. That is why staff had recommended that the fees be reviewed at least every two years to make sure there are no significant increases in the future and that all fees are increased or decreased according to how services are provided. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 Councilman Ferguson moved to: 1) Waive further reading and adopt Resolution No. 04-84, approving the Development Services Fees for Service Tables within the Cost of Services Study, excluding the Landscape Fees with the Public Works Department; 2) by Minute Motion, accept the Cost of Services Study conducted by Zucker Systems to serve as the City's model and policy for all future Service Fee adjustments that are collected by the Development Services Departments; 3) by Minute Motion, require that a resolution be submitted at least every two years to verify any future fee adjustments. Motion was seconded by Kelly and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS Councilman Kelly moved to add the following item to the Agenda. Motion was seconded by Benson and carried by a 5-0 vote. 1. Consideration of Request from the Palm Desert Chamber of Commerce for the Date of the Palm Desert Golf Cart Parade. Councilmember Benson said the Chamber had previously requested a change of date for the Golf Cart Parade permanently to January from November. She and Mayor Pro Tem Crites had met with the Committee and recommended that the City allow the Palm Desert Chamber of Commerce hold the Palm Desert Golf Cart Parade in January of 2006 on a trial basis, with judgment on a permanent date change to be made thereafter based on the reaction by the business community and the public. Councilmember Benson moved to, by Minute Motion, approve the request for the Palm Desert Golf Cart Parade to be held in the month of January in 2006 on a trial basis, with judgment on a permanent date change to be made thereafter based on the reaction by the business community and the public. Motion was seconded by Kelly and carried by a 5-0 vote. A. CITY MANAGER None B. CITY ATTORNEY None 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. Request for Adding Closed Session Consideration at the Conclusion of the Meeting. Councilman Ferguson said an item had come up, relating to a personnel matter for discussion under Closed Session. He asked for City Council's consideration of adding the item to this agenda. Councilman Ferguson asked that the following item be added to the Agenda for adjournment to Closed Session at the conclusion of this meeting. Motion was seconded by Crites and carried by a 5-0 vote. Reauest for Closed Session: Public Employment pursuant to Government Code Section 54957: Title of Position: City Manager o City Council Committee Reports: See below. o City Council Comments: 1. City Council Liaison Reports. a) Civic Center Park Pavilion #1 Misting System — Mayor Spiegel noted that a misting system had been approved for Pavilion #1 in the Park, and it was working tremendously well. He said it was a push- button automatic system, with an operating time of 30 minutes after activation. He added that staff would look at the cost of installing the system on other Park Pavilions, but he would first like the City Council to see the one already installed and provide input on whether or not to proceed with the rest. He said the system made the area cooler and helped repel flies, making it well received by users. 24 • MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING JULY 8, 2004 XIX. ADJOURNMENT Councilman Kelly moved to adjourn the meeting to Closed Session at 5:43 p.m. Motion was seconded by Ferguson and carried by a 5-0 vote. Mayor Spiegel reconvened the meeting at 6:19 p.m. and immediately adjourned with no action announced from Closed Session. ATTEST: CHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Zze ROBERT A. SPII i:MAYOR 25