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HomeMy WebLinkAbout2004-10-14MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 14, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor. Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Mayor Pro Tem Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly Mayor Robert A. Spiegel Excused Absence: Councilmember Jean M. Benson 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Duane K. Munson, Interim Director of Human Resources 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 Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 1) Property: APN 618-490-025 (10 acres) Negotiating Parties: Agency: Carlos L. Ortega/Justin McCarthy/ City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: City of Palm Desert/County of Riverside Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Govemment Code Section 54956.9(a): a) City of Palm Desert v. G. George Fox Declaration of Trust, Riverside County Superior Court Case No. INC 035287 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Upon a motion by Mayor Pro Tem Crites, second by Councilman Kelly, and 4-0 vote of the City Council, with Councilmember Benson ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Mayor Robert A. Spiegel VII. INVOCATION - Councilman Jim Ferguson VIII. ORAL COMMUNICATIONS - B None IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION IN RECOGNITION OF THE 80TH ANNIVERSARY OF THE TOASTMASTERS. On behalf of the City Council, Mayor Spiegel presented a framed proclamation, declaring October 2004 as "Toastmasters Month" in the City of Palm Desert, to representatives of the organization in attendance. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 B. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE — OCTOBER 2004. Mayor Spiegel and Mr. Ortega recognized the following employees each with a certificate and a $100 gift certificate for their outstanding performance: Ben Godfrey, Karen Siebuhr, Sam Szymanski, Aaron Zamarripa, Gil Salcedo, Bob Riches, Ruth Ann Moore, and Maria Arzaga. C. PRESENTATION TO THE CITY COUNCIL BY CREATORS OF THE MUSICAL STAGE PLAY "SENIOR CLASS." MS. RUTA LEE, one of the stars of "Senior Class", addressed the City Council, saying she and her fellow cast members (Anna Maria Alberghetti, Julius LaRosa, Marcia Rodd, Steve Rossi, and Ronnie Schell) were very excited about the upcoming opening of their production at Palm Desert's Palme D'Or Theater on November 5. In conjunction with the opening, she also wanted to make a personal special request. She explained on Sunday, November 7, she needed to be able to leave Palm Desert by helicopter immediately after the matinee performance about 4:15 p.m. so that she could be present for the fundraiser gala she co-chairs with Debbie Reynolds on behalf of Cedars Sinai Hospital in Los Angeles that evening. The City of Los Angeles had granted permission for the helicopter to land on a rooftop in Century City so that she would be able to quickly arrive at the Century Plaza Hotel, and she asked if Palm Desert's City Council would grant approval of the helicopter briefly landing at a site near Westfield Shoppingtown that day to pick her up. Councilman Ferguson responded that from time to time, the City has had personalities from Santa Claus to the Legends Field Hall of Fame inductees arrive by helicopter, landing on the baseball fields at the Civic Center, as permitted by the City Council. He felt that location, about four minutes from the Palme D'Or Theater, would be the closest and best site. Councilman Ferguson moved to add consideration of Ms. Lee's request to this agenda. Motion was seconded by Mayor Pro Tem Crites and carried by a 4-0 vote, with Councilmember Benson ABSENT. Councilman Ferguson moved to grant approval of Ms. Ruta Lee's request for the helicopter and pilot to land on Legends Field at approximately 4:00 - 4:15 p.m. on Sunday, November 7, 2004, to pick her up for transport to Los Angeles, specifically granting authority to permit a helicopter to land within Palm Desert's city limits on that day. Motion was seconded by Councilman Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 23, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant No. 64. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#537) by Jasper Jarel in the Amount of $1,955.53. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. CITY'S/AGENCY'S PORTFOLIO MASTER SUMMARIES for the Month of August 2004 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. E-1. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by James A. Chester and Miriam D. Chester for Manhattan Bagel, 73-845 Highway 111, Palm Desert. Rec: Receive and file. E-2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by La Bella Vita, Inc., for Mama Liveri's Italian Bistro, 44-150 Town Center Way, Suite B4, Palm Desert. Rec: Receive and file. E-3. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Ernie M. Foli and Kimberly L. Foli for Ernie's, 74-824 Lennon Place, Palm Desert. Rec: Receive and file. E-4. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Charles Biehl, Inc., for Charlie's California Fresh, 75-130 Saint Charles Place, Palm Desert. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 E-5. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, by Firecliff, Inc., for Firecliff, 73-725 El Paseo, Suite 22-A-B-C, Palm Desert. Rec: Receive and file. F. MINUTES of City Committee and Commission Meetings. 1. Citizens' Advisory Committee for Project Area No. 4 Meeting of May 17, 2004. 2. Entrada del Paseo Steering Committee Meeting of July 14, 2004. 3. Library Promotion Committee Meeting of May 19, 2004. 4. Marketing Committee Meeting of June 15, 2004. 5. Sister Cities Committee Meeting of June 17, 2004. 6. Youth Committee Meetings of May 18, June 1, and July 20, 2004. Rec: Receive and file. G-1. LETTER OF RESIGNATION from Henry M. Armstrong — Rent Review Commission. Rec: Receive with very sincere regret. G-2. LETTER OF RESIGNATION from Karen L. Young — Historic Preservation Committee. Rec: Receive with very sincere regret. H. REQUEST FOR AUTHORIZATION to Advertise and CaII for Bids for Construction of the New Irrigation Pump Station for the Civic Center Park Well Site (Contract No. C23090, Project No. 720-01). Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the subject project. I. REQUEST FOR APPROVAL of Amendment No. 3 to the Reimbursement Agreement Related to the Fred Waring Drive Widening Project from Deep Canyon Road to Washington Street (Contract No. C20811). Rec: By Minute Motion, authorize the Mayor to execute Amendment No. 3 to the subject Reimbursement Agreement between the City of Indian Wells, City of Palm Desert, and the Coachella Valley Association of Governments (CVAG). 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 J. REQUEST FOR EXTENSION of Contract for Land Surveying Services for Capital Improvement Projects (Contract No. C22791). Rec: By Minute Motion, authorize extension of the subject contract with RBF Consulting, Inc., Palm Desert, California, until June 30, 2005, in an amount not to exceed $43,000 — funds are available in the various Capital Improvement Project accounts. K. REQUEST FOR APPROVAL of Change Order No. 2 to Contract No. C22100A — Construction Management Services for the Aztec Road Intersection Improvements. Rec: By Minute Motion, approve Change Order No. 2 in the amount of $5,144 to the subject contract with Coachella Valley Construction Services, Indio, California, and authorize the Mayor to execute same. L. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22750 — Citywide Roadway Striping (Project No. 564-04). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $2,100 to the subject contract with C-18, Inc., Beaumont, California, and authorize the Mayor to execute same; 2) authorize the transfer of said funds from contingency to base project. M-1. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20650 — Construction of the Silver Spur Ranch Undergrounding Assessment District No. 01-01 (J. Fletcher Creamer & Son, Inc., Sylmar, 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. M-2. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C20710 — Construction of the Magnesia Falls Drive Bridge and Street Improvements (Project No. 648-99) (Yeager Skanska, Inc., Riverside, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. M-3. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C21970 — Construction of the San Gorgonio Sidewalk Between San Pablo and Monterey Avenues (Project No. 692-03) (Contreras Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 M-4. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22100 — Construction of Intersection Improvements for Aztec Road at Cook Street (Project No. 602-02) (Granite Construction Company, Indio, CA). Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. N-1. REQUEST FOR APPROVAL of Final Tract Map No. 31346 (Centennial Homes, Applicant). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. N-2. REQUEST FOR APPROVAL of Final Tract Map No. 31969 (Southern Sun Construction Co., Inc., Applicant). Rec: Waive further reading and adopt Resolution No. 04-102, approving the Final Subdivision Map of Tract No. 31969 and the agreement relating thereto. O. REQUEST FOR AUTHORIZATION to Release One-year Maintenance Security for Parcel Map No. 28448-1 (RLI Insurance Company, Applicant). Rec: By Minute Motion, authorize the City Clerk to release the Subdivision Improvement Maintenance Security on file for Parcel Map No. 28448-1. P. REQUEST FOR APPROVAL of Artwork by James Surls for the 2005/06 El Paseo Exhibition /Contract Nos. C22930R). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Q. REQUEST FOR APPROVAL of Outside Agency Funding for the Coachella Valley Historical Society. Rec: By Minute Motion: 1) Approve a $10,000 contribution to the Coachella Valley Historical Society; 2) appropriate said funds from Account No. 110-4800-454-3894 for this purpose; 3) authorize the Mayor to execute an Outside Agency Funding Agreement with the recipient organization. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 R. REQUEST FOR APPROVAL of Funding for the Annual Retired and Senior Volunteer Program (RSVP) Celebration. Rec: By Minute Motion, approve a City sponsorship of the 2004 RSVP Program Celebration in the amount of $2,500 — funds are available in the FY 2004/05 Budget, Account No. 110-4416-414-3061, and no additional appropriation is required. S. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies* *With Council concurrence, staff was asked to bring a report back to the next City Council meeting regarding the progress of the Palms to Pines Center renovation project and related issues (parking lot paving, landscape plan, shopping carts). 2. Report on Manor Care Parking Along Country Club Drive 3. Update on Progress of Additional Misting Systems at Civic Center Park 4. Report on the Requests for Live Fire and Law Enforcement Training Councilman Kelly removed Item P for separate consideration under Section XI, Consent Items Held Over, and Mayor Spiegel removed Item N-1. Upon motion by Ferguson, second by Kelly, the remainder of the Consent Calendar was approved as presented by a 4-0 vote, with Councilmember Benson ABSENT. XI. CONSENT ITEMS HELD OVER N-1. REQUEST FOR APPROVAL of Final Tract Map No. 31346 (Centennial Homes, Applicant). Mayor Spiegel stated that a resident had complained that the distance from curb to curb on Bel Air becomes approximately three feet narrower at the location of this development. City Engineer Mark Greenwood stated that Public Works staff had investigated this complaint and found that Bel Air was approximately 34 feet wide at this development; however, the street had been that width for approximately 40 years, and nothing had been done to narrow the street. Staff did not expect the narrow street to be a real problem; however, if it does become a problem, staff could address it by painting the curb red. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 After further discussion, Mayor Pro Tem Crites moved to continue this matter to the meeting of October 28, 2004, with staff directed to contact the developer of the site about the potential for street widening that would be reasonable for him yet practical for the City prior to commencement of the project in order to help alleviate concerns raised by neighboring residents. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. P. REQUEST FOR APPROVAL of Artwork by James Surfs for the 2005/06 El Paseo Exhibition LContract Nos. C22930R). Councilman Kelly said he had pulled this item because he wished to vote against it. He said he felt this particular piece did not fit El Paseo and might be subject to vandalism or could possibly cause injury to someone walking by. Councilman Ferguson agreed. Public Arts Manager Richard Twedt noted that the piece was 15 feet tall and, therefore, would not pose a hazard to anyone. It was made of bronze, which he felt could be cleaned up if someone did graffiti it. The artist was one of the best known artists from Texas and was well -respected internationally. The Art In Public Places Commission felt it would be an honor to have a work by this artist as part of the El Paseo exhibition. Upon question by Mayor Pro Tem Crites, he responded that it was a temporary exhibition. He added that there had been almost no vandalism of the art pieces on El Paseo, and people really respected the art out there. Mayor Pro Tem Crites agreed with Mr. Twedt and the Art In Public Places Commission. Mayor Pro Tem Crites moved to, by Minute Motion: 1) Concur with the recommendation of the Art In Public Places Commission to approve the subject artwork for inclusion in the 2005/06 El Paseo Exhibition; 2) approve an honorarium in the amount of $1,500 to the artist or his representative to be allocated from the 2004/05 Public Art Program's budget, Account No. 436-4650-454-4002. Motion died for lack of a second. Councilman Ferguson moved to deny the recommendation. Motion was seconded by Kelly and carried by a 3-1 vote, with Mayor Pro Tem Crites voting NO and Councilmember Benson ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 XII. RESOLUTIONS A. RESOLUTION NO. 04-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING BUDGET AMENDMENT FOR FISCAL YEAR 2003/04 TO PROVIDE APPROPRIATION FROM UNOBLIGATED FUNDS FROM THE GAS TAX FUND AS OF JUNE 30, 2004. Councilman Kelly moved to waive further reading and adopt Resolution No. 04-103. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. B. RESOLUTION NO. 04-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF PUBLIC STREETS KNOWN AS FAIRHAVEN DRIVE AND ARBOLEDA AVENUE (Gerard Murphy, Applicant). Mr. Ortega noted the staff report and recommendation in the packets. Mayor Pro Tem Crites moved to waive further reading and adopt Resolution 04-104. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. C. RESOLUTION NO. 04-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING A PUBLIC HEARING FOR CONSIDERATION OF A STREET NAME CHANGE FOR A 700-FOOT SECTION OF SHEPHERD LANE WEST OF PORTOLA AVENUE. Mr. Ortega noted the staff report and recommendation in the packets. Mayor Pro Tem Crites moved to waive further reading and adopt Resolution No. 04-105. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 D. RESOLUTION NO. 04-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PUB. RESOURCES CODE §§ 21000 ET SEQ.). Mr. Ortega noted the staff report and recommendation in the packets. Councilmember Ferguson moved to waive further reading and adopt Resolution No. 04-106. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. E. RESOLUTION NO. 04-107 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 04-73, SALARY SCHEDULE, RANGES, AND ALLOCATION CLASSIFICATIONS, IN ORDER TO TRANSFER THE CLASSIFICATION OF MAINTENANCE WORKER I WITHIN THE DEPARTMENT OF PUBLIC WORKS. Councilman Kelly moved to waive further reading and adopt Resolution No. 04-107. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1076 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CONSOLIDATING AND AMENDING SECTIONS 9.24.060 (H) AND (K), AND 9.24.075 (A) OF THE PALM DESERT MUNICIPAL CODE RELATIVE TO NOISE CONTROL AND PROPERTY MAINTENANCE ACTIVITY HOURS OF OPERATION. Mr. Ortega noted that Council had previously considered this ordinance and directed staff to make corrections. Councilman Ferguson questioned the wording of the paragraph relating to golf course exception. He noted there was a tennis club (gated, HOA) where the Homeowners Association voted to approve property maintenance earlier than 8:00 a.m., and one of their residents objected, stating that because they did not have a golf course they did not fit under this definition. He asked if 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 it could be changed to make it tennis clubs, golf courses, and/or homeowners associations. Councilman Kelly noted that it did not appear that this ordinance addressed golf courses that are not gated and that do not have homeowners associations. Mr. Croy noted that the language of the first sentence of the paragraph in question was not changed because it was the verbiage discussed and agreed upon by the golf course communities when the ordinance was originally drafted. A second paragraph was added to include homeowners associations and other groups within gated and/or fenced communities, and that opened up all of the homeowners associations with or without golf courses, as long as they are controlled environments. With regard to Councilman Kelly's question, he said golf courses that are not gated and that do not have homeowners associations would fall under the standard time line. Councilman Ferguson suggested removing the words "contiguous to golf courses" and let tennis courts stand by themselves. He said the way he read it, one or both of them (tennis courts/golf courses) have to be within a gated community anyway. Mayor Pro Tem Crites moved to continue this matter to the meeting of October 28, 2004, to sort out issues of non -gated golf courses, gated tennis clubs, and homeowners' associations generally. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. B. ORDINANCE NO. 1077 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF ZONE TO PREZONE A 4.84-ACRE SITE HILLSIDE PLANNED RESIDENTIAL WITH A DRAINAGE, FLOOD PLAINS, AND WATERCOURSE OVERLAY ZONE (HPR,D) Case No. C/Z 04-04 (Hagadone Family Trust, Applicant). Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1077. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 C. ORDINANCE NO. 1078 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE OFFICE PROFESSIONAL (O.P.) DEVELOPMENT STANDARDS, CHAPTER 25.25 OF THE ZONING ORDINANCE, RESTRICTING BUILDING HEIGHT AND REQUIRING RESIDENTIAL -SCALE ARCHITECTURAL DESIGN FOR OFFICE BUILDINGS WHICH MAY BE DEVELOPED IN AN O.P. ZONE ON LOTS FRONTING ON PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND DE ANZA WAY Case No. ZOA 04-01 (City of Palm Desert, Applicant). Councilman Ferguson moved to waive further reading and adopt Ordinance No. 1078. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. XIV. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE REGULATION OF SIGNS AND ADVERTISING ON TAXICABS IN THE CITY OF PALM DESERT. Mr. Croy stated that wording in Ordinance No. 1080 required "bandit lights" to be red in color; however, he had been advised by the Sheriffs Department that they do not allow red or blue lights on any vehicles. Staff was requesting that Ordinance No. 1080 be amended to require green "bandit lights" rather than red. Mayor Pro Tem Crites moved to waive further reading and pass to second reading: 1) Ordinance No. 1079, adding Section 5.98.085 to Chapter 5.98 of Title 5 of the Palm Desert Municipal Code relative to permitted signs on taxicabs; 2) Ordinance No. 1080, adding Section 10.68.060 to Chapter 10.68 of Title 10 of the Palm Desert Municipal Code to allow advertising material on taxicabs, with Section 10.68.060(E)(2)(e) Permitted Signs on Taxicabs amended for the "bandit light" to be GREEN in color (instead of red). Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. B. CONSIDERATION OF THE SIGNALIZATION OF THE INTERSECTION OF FRED WARING DRIVE AND ENTRADA LAS BRISAS/SOUTHWEST COMMUNITY CHURCH DRIVEWAY. Mr. Greenwood reviewed the staff report, noting that CVAG funds would pay for 75% of the signal, with the City of Indian Wells or Southwest Community Church to pay the remaining 25%; therefore, there would be no cost to the City of Palm Desert for construction of this signal. He asked for direction from Council, since Council had previously expressed concern with regard to a signal at this location. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 Councilman Ferguson asked whether, forgetting who pays for the signal and public policy other than good, solid principles of traffic engineering, it made sense to have three signals on a major east/west arterial within 1/8th mile of each other. Mr. Greenwood responded that it does meet several of the warrants needed for installation. He said on a Wednesday evening or Sunday morning, the highest volume leg of that intersection is the Southwest driveway, and there is more traffic coming out of that driveway than on any one direction on Fred Waring. He was concerned with the volume of traffic coming off an uncontrolled intersection. He added that installation of medians on Washington Street and the pending consideration of closing more of those openings on Washington would make access for Desert Breezes even more difficult than it already is. Upon question by Councilman Ferguson, he said the average traffic count on Fred Waring, east and west, was approximately 40,000 cars per day, and it was projected to go up to the high 50,000 range as Fred Waring is widened. Councilman Ferguson expressed concern that Fred Waring would create a similar situation as that on Highway 111, with traffic signals close together at Embassy Suites, Ralphs grocery store, and Cook Street. He said he would not want to burden 40,000 people per day for a Wednesday night and Sunday morning problem. Upon further question by Councilman Ferguson, Mr. Greenwood responded that, overall, he felt this signal was a good idea. Mayor Pro Tem Crites asked what new technology exists that would help make sure this signal is closely synchronized with that on Washington Street to ensure good traffic flow. Mr. Greenwood responded that for the past seven or eight years, new signals have included hard wired interconnects to coordinate them with the adjacent signals. This new signal would be inter -coordinated with the signals at Washington and Warner Trail. Councilman Kelly moved to, by Minute Motion, direct staff to proceed with the process of designing and installing the subject traffic signal. Motion was seconded by Spiegel and carried by a 4-0 vote, with Councilmember Benson ABSENT. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 C. REQUEST FOR APPROVAL OF CUL-DE-SAC CLOSURES ON FRONTAGE ROAD ALONG HIGHWAY 74 AND SHADOW MOUNTAIN DRIVE TRAFFIC SIGNAL. Mr. Greenwood reviewed the staff report and recommendation and offered to answer any questions. Mayor Spiegel moved to, by Minute Motion: 1) Approve the cul-de-sac closures of the frontage road along Highway 74 at the Shadow Mountain Drive intersection; 2) authorize staff to proceed with the Caltrans approval process for same. Motion was seconded by .Crites and carried by a 4-0 vote, with Councilmember Benson ABSENT. D. REQUEST FOR APPROVAL OF FINANCIAL ASSISTANCE FOR FACADE IMPROVEMENTS TO A RETAIL BUILDING KNOWN AS THE MANHATTAN BAGEL BUILDING LOCATED AT 73-845 HIGHWAY 111, PALM DESERT (James A. and Miriam Diamond Chester, Applicants). Senior Construction Contract Administrator Bryce White reviewed the staff report and recommendation. Councilman Ferguson asked what the current criteria were for these new dual front requests for the facade enhancement program. Mr. McCarthy responded that it was at Council's discretion. Councilman Ferguson stated that, in his opinion, facade enhancements meant paint, very minor enhancements, and structural architectural renovations. Mr. McCarthy responded that at the present time, staff was taking facade enhancement to mean structural renovations, and all of the projects from this point forward were structural renovations to the properties. Councilman Ferguson said while he did not want to hold up this particular application, he felt at some point Council should revisit what several of the Councilmembers originally intended — a "mom and pop, let's help you paint the front of your store and clean it up a little bit" rather than automatically becoming a subsidy for new construction. He expressed concern that this was moving away from the original intent, and if that was the case, he felt Council should vote on it. Mayor Pro Tem Crites suggested that this matter be continued for two weeks while two members of Council work with staff and interested community members on the details of the facade enhancement program. Mayor Spiegel stated it was his understanding that the Redevelopment Agency had the authority to allow up to $35,000 in matching funds for the facade enhancement of a building without necessarily coming to the Council. Anything above and beyond that, like this project, would have to come to the Council for input and decision. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 Councilman Ferguson agreed but said there were other issues in addition to the monetary part, such as at what point entire centers are enhanced rather than building by building. Mr. McCarthy stated that if Council authorizes this, staff would like to have a hiatus on anything inconsistent with policy unless it is something that has been in the pipeline. Staff would like to look at the policy with respect to the Core Commercial Area, Highway 111, costs, etc., and try to take a more holistic approach. He said he had asked staff to start thinking along those lines, with any proposed changes to be brought to the Council for consideration, possibly in a study session. MR. MICHAEL BRACKEN, Development Management Group, Inc., 40-112 Sagewood Drive, Palm Desert, stated that this matter had already gone to the Retail Subcommittee. Mayor Pro Tem Crites asked if he would have a problem continuing this matter for two weeks to allow a committee to look at this project while taking a longer time to look at a larger revision, and Mr. Bracken said he would not have a problem with that. MR. JIM CHESTER, Owner and Franchisee of Manhattan Bagel, 73-845 Highway 111, Palm Desert, stated that substantial amounts of money had been spent to reconstruct and upgrade the building after the fire in December of 2003. He said his structure was a freestanding building rather than a strip center,.and there were 14 or 15 other landlords in that particular strip of buildings. He had issues from both a public safety appearance perspective, including the sidewalks in front of the building which did not currently comply with any of the current City ordinances and were dangerous. He was trying to bring the facade of the building up to code and to show the community that, as landlords, they were interested in how the property looks. Because they had two entrances, front and back, the cost would be higher than if they had just one. Upon question by Mayor Spiegel, he responded that he would not have a problem with the two -week continuance. Mayor Pro Tem Crites moved to, by Minute Motion continue the matter to the meeting of October 28, 2004, with Councilmembers Ferguson and Spiegel appointed to work with staff and the Applicants on the details of their project. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 XV. CONTINUED BUSINESS A. ORDINANCE NO. 1072 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING AND REPLACING ITS ORDINANCE NO. 855, AND ESTABLISHING A NEW PERSONNEL SYSTEM AS CHAPTER 2.52 OF THE PALM DESERT MUNICIPAL CODE (Continued from the meetings of August 26, and September 23, 2004). Councilman Ferguson moved to, by Minute Motion, continue this matter to the meeting of October 28, 2004. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. XVI. OLD BUSINESS A. CONSIDERATION OF THE COMMISSIONING OF AN ARTIST TO CREATE A MURAL FOR THE PALM DESERT LIBRARY COMMUNITY ROOM (CONTRACT NO. C22080). Mayor Pro Tem Crites moved to continue this matter to the meeting of October 28, 2004, as Councilmember Benson, who represents the Art In Public Places Commission, is not present. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. B. REQUEST FOR APPROVAL OF CONTRACT FOR PHASE II OF THE MONTEREYAVENUE INTERCHANGE INTERSECTION IMPROVEMENTS AT INTERSTATE 10 (CONTRACT NO. C22310A, PROJECT NO. 669-02). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Ferguson moved to, by Minute Motion: 1) Award the subject contract to RBF Consulting, Palm Desert, California, in the amount of $237,055 for the preparation of plans, specifications, and engineer's estimate, and authorize the Mayor to execute same; 2) authorize a 10% contingency for the project in the amount of $23,705.50 — funds are available in the project account. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. C. REQUEST FOR APPROVAL OF CONTRACT FOR DESIGN OF THE PORTOLA AVENUE BRIDGE OVER THE WHITEWATER CHANNEL (CONTRACT No. C22870, PROJECT NO. 647-04). Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to Moffat & Nichol, Irvine, California, in the amount of $563,467 and authorize the Mayor to execute same; 2) authorize a 10% contingency for the project. Motion was seconded by Ferguson and carried by a 4-0 vote, with Councilmember Benson ABSENT. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 D. REQUEST FOR AUTHORIZATION TO SUBMIT A REQUEST FOR GRANT OF EASEMENT TO THE COACHELLA VALLEY WATER DISTRICT (CVWD) FOR CALLE DE LOS CAMPESINOS. Mr. Greenwood noted that the easement documents had been prepared based on record drawings. Staff just recently discovered that the channel does not run parallel to the easement that it lies in. If the channel were to be used as a reference, the City's easement might not lay properly on the overall easement. Staff recommended the hiring of a local surveyor, Mr. Fiero, in an amount not to exceed $5,000, to complete an exact rendering of the location prior to submitting the easement request. Councilman Ferguson moved to continue the matter for 30 days and authorize the City to enter into a contract with local surveyor, Mr. Fiero, in an amount not to exceed $5,000, City Manager to execute same, for an exact rendering of the location prior to submitting the easement request. Motion was seconded by Kelly Upon question by Mayor Pro Tem Crites, Mr. Erwin responded that his residence did not disqualify him from voting on this matter. Mayor Spiegel called for the vote, and the motion carried by a 4-0 vote, with Councilmember Benson ABSENT. XVII. PUBLIC HEARINGS A. CONSIDERATION OF THE APPROVAL OF A STREET NAME CHANGE FOR A 700-FOOT SECTION OF SHEPHERD LANE (WEST OF PORTOLA AVENUE) TO JULIE LANE. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. No testimony was offered. Mayor Pro Tem Crites moved to, by Minute Motion, continue this matter to the meeting of October 28, 2004. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. B. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, DENYING A REQUEST TO CONSTRUCT A TWO-STORY 5,250 SQUARE FOOT OFFICE /COMMERCIAL RETAIL BUILDING AT 73-168 HIGHWAY 111 Case No. PP 04-07 (Dirksen & Associates, Architect; Allan Zylstra, Applicant/Appellant). Mr. Drell reviewed the history of the project, the staff report, and the two proposed recommended alternatives. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 Councilman Ferguson said the staff report seemed to focus on one small aspect of this project, the parking, and he asked what Planning Commission's feelings were about the architecture, site plan, and other issues. Mr. Drell responded that the Planning Commission was generally positive about those other issues and focused on the fact that it was unclear when the public parking plan would be available. Although the Commission liked the project, members felt it was premature because the Council had not yet initiated the public parking program. Mayor Spiegel declared the public hearing open and invited testimony from the applicant. MR. ALLAN ZYLSTRA, 73168 Highway 111, Palm Desert, spoke as the owner of the property in question. He said he had considered renovating the existing building; however, it was very old and really needed to be torn down. With regard to parking for his proposed building, he said the nine parking spaces behind the building would be left open for customers, while the tenants and employees could park in the 35 public parking spaces at Walgreen's. He noted his neighbor at 73-148 Highway 111 had written a letter stating there was a parking problem on the road in front of the buildings. When this neighbor built his project, he had to have the parking slots to match the building, and he has a parking lot in back of the building for the customers with a breeze way going from the back of the parking lot to the front. He noted that in the year and a half that he has owned his property, the gates for the breeze way had been locked, and his neighbor stored ladders for his business in that breeze way. If those gates were unlocked, perhaps the parking problem could be solved. Mayor Pro Tem Crites asked if this was an appropriate Code Enforcement issue. Mr. Croy responded that staff would look into this situation. MR. ZYLSTRA noted a survey from May 24, 2004, through June 25, 2004, and there were at least 26 to 39 empty frontage road parking slots at all times. Planning Commission felt that was a poor time to have a survey done, and he agreed. However, in owning the property for a year and a half, he felt there was a lot of parking available, including three slots in front of his building that were open almost all the time. He asked that Council consider approving his project at this time. Mayor Spiegel invited testimony in FAVOR of or in OPPOSITION to this project. With no testimony offered, he declared the public hearing closed. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 Councilman Ferguson noted that an item on the Redevelopment Agency Agenda was authorization to select and retain consultants for analysis of the proposed Alessandro Alley project, and he asked how long it would take. Redevelopment Manager Lauri Aylaian responded that it would probably be approximately four months to have the survey and preliminary engineering done enough to develop costs. Upon further question by Councilman Ferguson as to how long before the project is built, she said part of the analysis will be construction time, and one of the difficult factors was whether or not to underground the utilities. If that needed to be done, it could add another year onto the project. She said she felt it would be at least two years before construction would begin. Councilman Ferguson stated that one of the Planning Commissioners had indicated dissatisfaction with staffs survey, and he asked if that was the survey done when Council approved the overall revamping of that alley in connection with the General Plan. Mr. Drell responded that that was the parking survey relative to vacant spaces on the frontage road, which was being used to justify the short-term solution while the permanent parking gets built. Upon further question by Councilman Ferguson, he responded that although the survey was done in May, it would not be a problem. He said staff had done some analysis increasing demand consistent with increasing general traffic on Highway 111, and it showed there was still some parking available. Councilman Ferguson asked if there were things that could be done in the interim to accommodate any potential problem if the opening of this building, if approved, does not dovetail with the completion of improvements to the alley. Mr. Drell responded that Council could add a condition that mandates that the applicant's employees park in the Walgreen's lot. Mayor Spiegel noted there were some empty Tots on the north side of the alley that could be purchased and walled off as a temporary solution. Mr. Drell responded that the City would be acquiring property as part of the parking program, and a short-term solution would be to expedite the purchase of the empty lot behind this property and allow parking on that lot. Councilman Ferguson asked the applicant what his construction time was if this project were approved by Council at this time, and he responded that it was a year. Councilman Ferguson said he felt this was a beautiful building, and the Architectural Review Commission had approved it unanimously. The existing building and lot was something everyone would like to see cleaned 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 up. While he appreciated the Planning Commission's attention to detail, he felt it would be shortsighted to forego this type of investment in a very distressed area. Mayor Spiegel agreed and said this was a nice building that would be a plus for the City of Palm Desert. Councilman Kelly agreed the Council should move ahead with this opportunity and compliment the owner for doing such a nice project. Mayor Pro Tem Crites asked if new developers coming in would be expected to make any contribution to the parking program once the City actually does something there, and Mr. Drell responded they would be required to contribute. Councilman Ferguson moved to: 1) By Minute Motion, grant the appeal; 2) waive further reading and adopt Resolution No. 04-108, reversing the Planning Commission's denial of Case No. PP 04-07, with added conditions of approval designed to mitigate the short-term parking requirements. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilmember Benson ABSENT. C. CONSIDERATION OF THE APPROVAL OF A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE FROM LOW DENSITY RESIDENTIAL (R-1, 0 TO 4 DWELLING UNITS PER ACRE) TO OFFICE PROFESSIONAL (OP), AND A PRECISE PLAN OF DESIGN TO ALLOW TWO, ONE-STORY PROFESSIONAL OFFICE BUILDINGS WITH A COMBINED FLOOR AREA OF 6,500 SQUARE FEET ON A 0.9-ACRE PROJECT SITE LOCATED AT THE SOUTHWEST CORNER OF COOK STREET AND SHERYL AVENUE Case Nos. GPA 04-01. C/Z 04-03. and PP 04-22 (William J. Worzack, Applicant). Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this project. No testimony was offered. Councilman Ferguson moved to continue this matter to the meeting of October 28, 2004. Motion was seconded by Crites and carried by a 4-0 vote, with Councilmember Benson ABSENT. XVIII. REPORTS AND REMARKS A. CITY MANAGER None 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 14, 2004 B. CITY ATTORNEY None C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. 2 x 2 Committee for Parks — Mayor Spiegel said there was a plan to organize a 2 x 2 Committee for Parks, but it has not yet come to fruition. He asked for a report at the next City Council Meeting. 2. Rutledge Strip Park — Mayor Pro Tem Crites suggested that the City's 2 x 2 Committee with Desert Sands Unified School District take up issues raised in a concerned resident's letter regarding Rutledge Park and the school's plans there. He provided a copy of the letter to his colleagues and staff. o City Council Committee Reports: 1. Parks & Recreation Commission Activities — Mayor Spiegel reported: • Construction of Palma Village Park underway with completion set for March 2005. • Proposal for Civic Center Handball Courts coming to the City Council's next meeting. • Misting systems for two more Civic Center Park Pavilions and in the Dog Park being installed. o City Council Comments: 1. City Council Liaison Reports. a) Homme/Adams Park — Mayor Pro Tem Crites commended all City staff who worked on the Homme/Adams Park site with building of the kiosks, the palm groves, and the cleaning up, installation of water lines, etc. He noted the Palm Desert edition of Palm Springs Life focused on the park and trails there. Further, last weekend he personally observed and was greatly satisfied to see the numerous people —dog owners, hikers, mountain bikers, young and old alike —enjoying the area. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XIX. ADJOURNMENT OCTOBER 14, 2004 b) U.S.S. Ronald Reagan — Mayor Spiegel reported that at the next City Council Meeting, an officer from the U.S.S. Ronald Reagan Aircraft Carrier will make a presentation to the City Council, and they will receive a presentation from the City as well. The U.S.S. Ronald Reagan will be come the City's Sister Ship, and it will also be the Sister Ship for Washington Charter School until the new school opens. He also said plans were being made for a visit to the Aircraft Carrier by City Council and staff, tentatively on November 23. c) City Council Meeting Schedule — Mayor Spiegel pointed out that due to the way the holidays fall in November, there will be only one City Council Meeting next month, on the 18`h Additionally, there will only be one meeting in December, on the 9th, unless circumstances require a second meeting. Upon motion by Ferguson, second by Crites, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting at 5:40 p.m. ATTEST: _ SS HELLE D. KLASSECITY CLER CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, MAJOR 23