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HomeMy WebLinkAbout2004-10-28MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, OCTOBER 28, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Buford A. Crites Councilman Jim Ferguson Councilman Richard S. Kelly 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 Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Philip Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Michael J. Errante, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Robert P. Kohn, Director of Special Programs Duane K. Munson, Interim Director of Human Resources III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) 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 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiator: Carlos L. Ortega/City of Palm Desert Councilman Ferguson moved to adjoum the meeting to Closed Session at 3:01 p.m. Motion was seconded by Crites and carried by a 5-0 vote. Mayor Spiegel reconvened the meeting at 4:03 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 VI1. INVOCATION - Mayor Robert A. Spiegel VIII. ORAL COMMUNICATIONS - B MS. NORINE BOWEN, General Manager of Westfield Shoppingtown, Palm Desert, spoke to the City Council as chair of the Palm Desert Chamber of Commerce's 50th Anniversary Celebration. She wanted to again thank the City Council for its support and sponsorship of the event, which was sold out and attended by 560 people, including most of those present here today. She said there was Valley -wide representation, and it was great to be able to honor the past and present City Councilmembers. She noted that while the official 50th anniversary date is in December, the celebration event was still the "buzz" of the Valley. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 MR. HELMUT H. LIHS, 76-821 Ascot Circle (Regency Palms Estates), Palm Desert, addressed the City Council, stating he was appointed Noise Abatement Committee Chairman by their homeowners association board of directors, and he was also appointed by the homeowners for the Regency Estates, as well as the board of Palm Valley Country Club. He mailed a letter to the City on April 12, 2004, placing it on notice about a serious health matter affecting residents of the aforementioned developments — the noise from both the railroad and Interstate 10. He said the response letter said the City would do whatever it could to assist with finding a remedy, but little else had occurred. He implored the City Council to help these residents enjoy the life that Palm Desert advertised. He had research available on both grant funding and on companies who were able to perform studies and actually build the type of sound barriers they felt were warranted. Mayor Spiegel directed staff to place such an item on the next City Council Meeting agenda, along with a recommendation for possibly resolving this noise issue, including use of grant funds. MS. GINA DAL FUOCO, 77-185 Florida Avenue (Palm Desert Country Club), Palm Desert, wanted to comment on the Fred Waring Drive Widening Project. She had previously expressed her concerns about the project during the public meeting process but felt they had not been recognized. First, she believed people in that area would welcome the opportunity to walk or ride their bike, especially schoolchildren on their way to Gerald Ford Elementary School. She understood that a sidewalk was proposed along Florida Avenue but felt it would be insufficient and unsafe; she currently drove her son the approximate half mile distance to school because of concern for his safety. She also understood why the roadway needed to be widened. She observed that the Villa Toscana project in the area included a meandering sidewalk, and current projects in La Quinta seemed to be much friendlier with their sidewalks and bike lanes; she felt there was sufficient room for at least a bike lane, preferably a sidewalk, along Fred Waring and asked the City Council to reconsider its position. Secondly, she was concerned about a stoplight at Tennessee —although one was mentioned, no commitment was made, and she believed this was a dangerous intersection. In answer to her question, Mr. Croy said Public Works staff was meeting with the City of Indian Wells, the lead agency on the stoplight project. Councilman Ferguson responded that the City had studied this project long and hard. Unfortunately, the developer of Palm Desert Country Club encroached about 20 feet into the what was then the County's right-of-way for future road expansion. He said for the City to be able to install a sidewalk between the streets bordering Florida would require the City to exercise eminent domain power to take about 10 feet of the backyards there — affecting 22 homes and eliminating 8 swimming pools, putting Ms. Dal Fuoco's rear fence about 10 feet from her rear sliding door. Therefore, staff developed a proposal so that there would be a bike lane and 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 sidewalk, it would have to go around Florida, deemed to be a safer alternative. He said Indian Wells gave some of their right-of-way on the other side of the street to make it fit, and even then it was tight. He felt the Public Works Department could show all the different scenarios that were considered. Responding to further question, he answered that the Villa Toscana was only approved with the widening of Fred Waring in mind, and a condition of approval included a bike path and a sidewalk; the City didn't have that luxury with Palm Desert Country Club, which was built in the early '60s. Mayor Pro Tem Crites further explained that the only other option was to condemn people's back yards. Responding further, Councilman Ferguson said he'd drive the neighborhood to compare the available area if Ms. Dal Fuoco would meet with Public Works staff to review all the options studied by the City. Mayor Pro Tem Crites offered that a Councilmember would also meet with Ms. Dal Fuoco and City staff. Mr. Croy said he would arrange the meeting and would invite a member of the City Council. Councilmembers concurred with this direction. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF ANNUAL "MINI MUSTER" RECOGNITION AND ARTWORK AWARD CERTIFICATES. On behalf of the City Council, Mayor Spiegel presented framed certificates to the following third graders whose artworks were chosen to represent this year's Mini -Muster: Robert Wilcox of George Washington Charter Elementary School, Regina Truong of James Carter Elementary School, Eden Hermanson of Gerald Ford Elementary School, and Marya Nguyen of Abraham Lincoln Elementary School. Mayor Spiegel then presented framed certificates to the organizations that have coordinated, participated, and sponsored the event over the past 12 years: Historical Society of Palm Desert, Desert Sands Unified School District, and the Riverside County Fire Department/California Department of Forestry and Fire Protection. On behalf of the Historical Society, John Marman and Adele Ruxton also presented certificates from the Historical Society to each organization and each elementary school, noting it was Station No. 33 that coordinated the firefighters' participation in the Mini -Muster. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 B. PRESENTATION OF PROCLAMATION IN RECOGNITION OF THE PROGRAM BETWEEN THE CITY OF PALM DESERT, DESERT SANDS UNIFIED SCHOOL DISTRICT, AND THE U.S.S. RONALD REAGAN. MR. WALTER McINTYRE, former Indian Wells City Councilmember, provided history of the Triangular Adoption program, created about five years ago when the City of Indian Wells adopted an assault aircraft carrier, the U.S.S. Bonhomme Richard, which then adopted Gerald Ford Elementary School in Indian Wells. He said the adoption being recognized here was the program's fourth. The other two included the City of Desert Hot Springs, its Desert Springs Middle School, and the U.S.S. Boxer; and the City of Coachella, its Coachella Valley High School, and the U.S.S. Nimitz. He said the program was mutually beneficial, bringing civilians together with the military and with the schoolchildren. He said in addition to the mentoring and camaraderie that will be enjoyed, the City and School District would also be participating in honor programs recognizing Sailor of the Quarter and Sailor of the Year. COMMANDER "HAM" ORTIZ, U.S.S. Ronald Reagan, on behalf of his commanding officer, Captain Jim Symonds, and the 3,000 crew members of the ship, said they all looked forward to joining this partnership and building a relationship with the City of Palm Desert and Desert Sands Unified School District. He introduced the crew members who were with him today. He noted that their namesake's motto was "Peace through strength," and education was a key element in that philosophy; the Navy believed very strongly in this partnership for education and service to the community. To make the relationship official, he made presentations to each the City and the School District of a photograph of the ship transiting the Strait of Magellan earlier this summer, personalized command ballcaps with each Councilmembers' name embroidered thereon, and lapel pins. He said once the ship again gets out to sea, it will be flying U.S. flags from the mast of the ship for each the City and the School District, and they will be presented during the visit to the ship in November. DR. DORIS WILSON, Superintendent of Schools for Desert Sands Unified School District, commented about the District's and the students' excitement about embarking on this new program. She, along with Washington Charter School Principal Allan Lehmann, and School Board Members Neil Lingle and Gary Tomak, presented a framed certificate to Commander Ortiz, commemorating the relationship. She noted that Washington Charter School would be the partner school for the U.S.S. Ronald Reagan while they occupy the brand new facility on Country Club Drive. When Washington Charter School returns to its renovated facility on Portola, with Mr. Mclntyre's help, they will adopt another ship in the San Diego Fleet. The U.S.S. Ronald Reagan will remain the partner ship to the new school on Country Club. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 On behalf of the City Council, Mayor Spiegel presented Commander Ortiz with a framed proclamation in celebration of the partnership, a framed lithograph of the Council Chamber Mural, a City flag for the ship, and a key to the City, along with lapel pins and key rings for the crew members. With Council concurrence, a recess was observed from 4:35 p.m. to 4:48 p.m. Upon a motion by Councilmember Benson, second by Councilman Ferguson, and 5-0 vote of the City Council, the following request for consideration was added to this Agenda. CONSIDERATION OF FUNDING REQUEST BY THE PALM SPRINGS INTERNATIONAL FILM FESTIVAL. Mr. Ortega reviewed the staff report and recommendation and offered to answer any questions. Councilmember Benson noted that the City of Indian Wells had contributed $15,000 last year and $50,000 this year. She said she would be in favor of contributing $25,000 but not $50,000 because this would be Palm Desert's first year as a sponsor, and she felt it would be better to find out what benefit there would be to Palm Desert before contributing a higher amount. She remarked that Palm Springs did not usually reciprocate in contributing to events or programs that were of Valley - wide benefit; although, she'd always been supportive of activities in Palm Springs, such as those at the Palm Springs Desert Museum. Councilman Ferguson stated he did not disagree; however, in reading the staff report, it appeared there were a lot of benefits Palm Desert would get that Indian Wells does not. He said if the Marketing Committee felt this was $50,000 worth of value, he would support it. Mayor Pro Tem Crites said he had just received this information 20 minutes before the meeting, and he had never read anything about what this organization is or is not doing in the community, although in the past there had not been any tie that he could recall that had anything to do with Palm Desert. He felt he needed more time to read the report before he could consider approving such a request. Mayor Spiegel noted one of the reasons for considering the request at this time was that Council will not be meeting again until the middle of November, and it would be too late at that time to include Palm Desert's name and logo on most of the advertising. MR. EARL GREENBURG reviewed the recent history of this event, noting the goal was to make the Palm Springs International Film Festival truly an event that belongs to the entire Coachella Valley. A series of the screenings which normally take place 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 in Palm Springs have occurred here in Palm Desert, and the McCallum Theatre is anxious to have future screenings as well. He felt Palm Desert could be an integral part of this festival going forward. Councilmember Benson noted that none of the films will be shown in Palm Desert during the festival. MR. GREENBURG agreed and said that the nature of a festival is that is has to take place where people can walk from theater to theater, and this festival will take place in 11 theaters. He noted that films from the festival will be chosen (the "Best of the Best") to be shown the next day or the day after at no charge to residents of Palm Desert. Upon question by Councilman Ferguson, he said those films would be shown in Palm Desert. He noted, for example, if the festival goes from a Thursday to a Sunday, on Monday the "Best of the Best" would be shown in Palm Desert. Councilman Ferguson moved to, by Minute Motion: 1) Concur with the recommendation of the Marketing Committee to become a Community Screening Sponsor for the 2005 Palm Springs International Film Festival; 2) appropriate $50,000 from the Unobligated General Fund to the Special Events Budget for this sponsorship. Motion was seconded by Kelly. Mayor Pro Tem Crites stated that he would like an opportunity to read the report, and until then, he was not prepared to vote in favor. Councilman Kelly agreed that he would like to have had the chance to read the report; however, he felt confident with the recommendation of the Marketing Committee, and that is why he had seconded the motion. Councilmember Benson reiterated that while she supported the festival itself, she felt for Palm Desert's first year as a sponsor, $50,000 was too high an amount. She believed it was important to see what benefit there will be to Palm Desert, and she thought $25,000 was a fair amount to start with. Mayor Spiegel called for the vote, and the motion carried by a 3-2 vote, with Mayor Pro Tem Crites and Councilmember Benson voting NO. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of October 14, 2004. Rec: Approve as presented. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 74 and 75. Rec: Approve as presented. C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for July 2004 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. REQUEST FOR APPROVAL of the City of Palm Desert "Statement of Investment Policy 2005" (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Financing Authority). Rec: By Minute Motion, approve the "Statement of Investment Policy 2005," as amended. E. REQUEST FOR APPROVAL of the Renewal of the Banking and Custodial Relationship Between the City of Palm Desert and Union Bank of California (Contract No. C12211) (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Financing Authority). Rec: By Minute Motion, approve renewal of the City's banking and custodial relationship with Union Bank of California for another five years. F. REQUEST FOR APPROVAL of the Corporate Trust Relationship Between the City of Palm Desert and the Bank of New York (Contract No. C17631) (Joint Consideration with the Palm Desert Redevelopment Agency and the Palm Desert Financing Authority). Rec: By Minute Motion, concur with the recommendation of the Investment & Finance Committee and renew the Corporate Trust Agreement between the Bank of New York and the City of Palm Desert for another five years, subject to the review and approval of the City Attorney. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 G. MINUTES of City Committee and Commission Meetings. 1. Art In Public Places Commission Meetings of May 19, June 16, and July 21, 2004. 2. Entrada del Paseo Steering Committee Meeting of September 22, 2004. 3. Youth Committee Meeting of September 14, 2004. Rec: Receive and file. H. LETTER OF• RESIGNATION from Manuel (Manny) Reyes — Housing Commission. Rec: Receive with very sincere regret. I. RESOLUTION NO. 04-109 - A Resolution of the City Council of the City of Palm Desert, Califomia, Setting Forth its Findings and Authorizing the Destruction of Files from the Department of Building & Safety that have been Digitally Imaged (June 2004). Rec: Waive further reading and adopt. J. REQUEST FOR DECLARATION of Surplus Property and Authorization for its Appropriate Disposal (Public Works Equipment and Vehicles). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. K. REQUEST FOR AUTHORIZATION to Dissolve the Reimbursement Agreement for a Qualified Replacement Street Sweeper — Contract AB2766/ML04011. Rec: By Minute Motion, authorize staff to contact the Mobile Source Air Pollution Reduction Review Committee to dissolve the subject reimbursement agreement in Fiscal Year 2004/05. L. REQUEST FOR AUTHORIZATION to Extend Contract for Asset and Pavement Management (Contract No. 20721A). Rec: By Minute Motion: 1) Amend the subject contract with Omnis of Chino Hills, California, to include an update for the Pavement Management System in the amount of $32,500 and authorize a 10% contingency for same; 2) authorize the Mayor to execute said contract amendment —funds are available in Account No. 110-4310-413-3010. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 M. REQUEST FOR APPROVAL of Change Order No. 1 to Contract No. C22310 — Project Study Report for the Monterey Avenue/I-10 Intersection Improvements (Project No. 669-02). Rec: By Minute Motion: 1) Approve Change Order No. 1 in the amount of $50,070 to the subject agreement with RBF Consulting, Ontario, Califomia; 2) authorize the transfer of said funds from contingency to base for the subject project. N. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract No. C23030 and the Acceptance of Work for the Project Known as — Installation of Curbing and FIatwork on the Fire Cliff and Mountain View Courses of the Desert Willow Golf Resort (Contreras Construction Company, Indio, CA). Rec: By Minute Motion: 1) Ratify Change Order No. 1 in the amount of $3,104.40 to the subject agreement for field changes resulting in additional curb and flatwork on the project; 2) authorize the Mayor to execute said Change Order; 3) authorize the Director of Finance to transfer $3,104.40 from contingency to base for the project; 4) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the project. O. REQUEST FOR ACCEPTANCE of Work for Contract No. C22360 — Landscape Installation on Portola Avenue and the Hovley Lane East Median Island (Project No. 915-04) (Hort Tech Landscape, Inc., La Quinta, 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 APPROVAL of Final Tract Map No. 31860 (Palm Desert Terracina, LLC, Applicant). Rec: Waive further reading and adopt Resolution No. 04-110, approving the Final Subdivision Map of Tract No. 31860 and approving the agreement relating thereto. Q. INFORMATIONAL ITEMS: 1. Report on the Coachella Valley Economic Partnership (CVEP)/ James Irvine Foundation Grant 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 2. Update on Lennon Place/Eclectic Street Parking Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Councilmember Benson removed Item J for separate consideration under Section XI, Consent Items Held Over. Mayor Pro Tem Crites also removed Item Q-2 for separate consideration. Upon motion by Ferguson, second by Kelly, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. XI. CONSENT ITEMS HELD OVER J. REQUEST FOR DECLARATION of Surplus Property and Authorization for its Appropriate Disposal (Public Works Equipment and Vehicles). Councilmember Benson stated she was aware the Food In Need of Distribution (F.I.N.D.) was looking for a pickup truck to deliver food to needy people, the Coachella Valley Animal Campus was in need of a van, and she wanted to be sure the pickup truck and van would be offered first to these two organizations and then to Palm Desert's Sister City Ixtapa-Zihuatanejo. Councilman Ferguson added that the City of Palm Desert had previously promised Ixtapa-Zihuatanejo a vehicle to be used in their recycling program. Councilmember Benson moved to, by Minute Motion, approve of the list submitted with the accompanying staff report and authorize disposal as indicated therein, subject to Councilmembers Benson and Ferguson meeting with staff about their requests to donate specific items to F.I.N.D., Coachella Valley Animal Campus, and Ixtapa-Zihuatanejo. Motion was seconded by Ferguson and carried by a 5-0 vote. Q. INFORMATIONAL ITEMS: 2. Update on Lennon Place/Eclectic Street Parking Mayor Pro Tem Crites asked whether the changes implemented so far in this area had made a difference and how the restaurant owners felt about those changes. He felt six months was a long time to monitorthe parking situation and report back to Council, especially for someone who is in business. Councilman Kelly agreed and stated that as of yesterday aftemoon, there were no spaces available on the street in this area, although 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 there were some available in the Waste Management parking lot. He did not see how the City could possibly wait six months for an update, and he felt something needed to be done as soon as possible. Mr. Greenwood noted that the latest letter from the restaurant owner indicated there had been no improvement. After additional discussion, Mayor Pro Tem Crites moved to continue this matter to the meeting of November 18, 2004. Motion was seconded by Kelly and carried by a 5-0 vote. XII. RESOLUTIONS A. RESOLUTION NO. 04-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY TO SUPPORT THE COMMUNITY ENERGY PARTNERSHIP IN ITS LOCAL IMPLEMENTATION OF THE "FLEX YOUR POWER NOW!" ALERT SYSTEM. Mr. Ortega noted the staff report and recommendation in the packets. MR. KEVIN GAINES, Operations Manager for the Energy Coalition, noted that during the months of May through September, there were seven days in which the State-wide power reserves reached more than 95% capacity, meaning the State was just about out of power. During three of those days in September, they were consecutive, and the top of the State-wide was hit on that third consecutive day. That meant there was danger of a complete blackout for the entire State-wide power grid. He noted that State-wide demand for electricity was growing at the rate of 6% annually, when the ability to meet that demand is increasing by 2% annually. The purpose of the "Flex Your Power Now" alert system was to have citizens cut back on power usage on those days when the State is hitting a power crunch. Mayor Pro Tem Crites moved to waive further reading and adopt Resolution No. 04-111. Motion was seconded by Ferguson and carried by a 5-0 vote. B. RESOLUTION NO. 04-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A CONTRACT TO PROVIDE FAIR HOUSING (ANTI -DISCRIMINATION) AND TENANT/LANDLORD COMPLAINT RESOLUTION, AND EDUCATION SERVICES AS PART OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG). Mr. Ortega noted the staff report and recommendation. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Kelly moved to waive further reading and adopt Resolution No. 04-112. Motion was seconded by Crites and carried by a 5-0 vote. C. RESOLUTION NO. 04-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING AN ELECTION PURSUANT TO HEALTH AND SAFETY CODE SECTION 33607.5 IN CONNECTION WITH PROJECT AREA NOS. 1, 2, 3, AND 4. Mr. Ortega noted the staff report and recommendation. Councilmember Benson moved to waive further reading and adopt Resolution No. 04-113. Motion was seconded by Kelly and carried by a 5-0 vote. XIII. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1079 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 5.98.085 TO CHAPTER 5.98 OF TITLE 5 OF THE PALM DESERT MUNICIPAL CODE WITH RESPECT TO TAXICAB SIGNS. Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance No. 1079. Motion was seconded by Ferguson and carried by a 5-0 vote. B. ORDINANCE NO. 1080 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 10.68.060 TO CHAPTER 10.68 OF TITLE 10 OF THE PALM DESERT MUNICIPAL CODE TO ALLOW ADVERTISING MATERIAL ON TAXICABS. Mayor Pro Tem Crites moved to waive further reading and adopt Ordinance No. 1080. Motion was seconded by Ferguson and carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 XIV. NEW BUSINESS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING A REQUEST TO PARKA 23-FOOT-LONG RECREATIONAL VEHICLE (RV) IN THE SOUTH DRIVEWAY, SCREENED BY LANDSCAPING, ON PROPERTY LOCATED AT 77-260 INDIANA AVENUE Case No. RV 04-02 (Frank & Dixie Proulx, Applicants/Appellants). MR. FRANK PROULX, Applicant, 77-260 Indiana Avenue, Palm Desert, stated he had purchased this home when it was still in the County. He enclosed the carport and built a garage, saving a spot for the recreational vehicle. He then found out that it was against the City ordinance. Architectural Review Commission denied the RV because it needed screening, so he screened it. He noted he had parked he RV in storage twice, and both times it was vandalized. He felt he had done an excellent job of screening it from the streets on both sides, and he asked that the Council approve it. He offered to answer any questions. Councilman Kelly said he had looked at the RV in question and wished that everyone who had an RV parked in their yards would do as good a job as the applicant had done. Councilman Ferguson agreed and said he saw nothing wrong with the way the applicant had screened his RV and felt the Architectural Review Commission was following what they believed to be their interpretation of the rule in this area. He added that he felt the appeal had merit. Councilmember Benson said she felt this looked better than some of the canvas covers that other people have. Mayor Spiegel agreed. Councilman Kelly moved to, by Minute Motion, grant the appeal. Motion was seconded by Ferguson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE FIRST AMENDMENT TO THE AGREEMENT FOR ANIMAL CONTROL SERVICES FOR FISCAL YEAR 2004/05 (CONTRACT NO. C21431). Mr. Ortega reviewed the staff report. Mayor Pro Tem Crites moved to, by Minute Motion, approve the First Amendment to the Agreement forAnimal Control Services with Riverside County, Department of Animal Services, Riverside, California, extending the term of services for one year, July 1, 2004, 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 to June 30, 2005, in an amount not to exceed $114,782 unless otherwise approved, and authorize the Mayor to execute same — funds are available in Account No. 110-4230-442-3090. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE STREET, MEDIAN, AND SIGNAL IMPROVEMENTS ON COUNTRY CLUB DRIVE FROM TAMARISK ROW TO PARK CENTER DRIVE (CONTRACT NO. C22920A, PROJECT NO. 713-04). Mr. Ortega noted the staff report and recommendation in the packets. Mayor Pro Tem Crites moved to, by Minute Motion: 1) Award the subject contract to Granite Construction Company, Indio, California, in the amount of $976,160 and authorize a 10% contingency of $97,616 for the project; 2) authorize the transfer of budgeted funds in the amount of $400,000 from Account No. 400-4616-433-4001, $125,000 from Account No. 400-4379-433-4001, and $57,200 from Account No. 400-4614-433-4001 to Account No. 400-4377-433-4001 for this project; 3) authorize the Mayor to execute said contract. Motion was seconded by Ferguson and carried by a 5-0 vote. D. REQUEST FOR AWARD OF CONTRACT FOR ENGINEERING SERVICES IN THE DESIGN OF THE HIGHWAY 111 SIDEWALK IMPROVEMENTS (CONTRACT NO. C23110, PROJECT NO. 697-05). Mr. Ortega noted the staff report and recommendation in the packets. Councilman Kelly moved to, by Minute Motion: 1) Appropriate $53,900 from Unobligated Capital Improvement Project (CIP) Fund 400; 2) award the subject contract to Omnis, Inc., Chino Hills, Califomia, in the amount of $49,000; 3) authorize a 10% contingency for the project in the amount of $4,900; 4) authorize the Mayor to execute the contract. Motion was seconded by Crites and carried by a 5-0 vote. E. CONSIDERATION OF REQUEST FROM BOEHM CHILD CARE DEVELOPMENT AND THE YMCA JEAN BENSON CHILD CARE CENTER FOR GRANT FUNDING FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228. Mr. Ortega noted the staff report and recommendation. Councilman Ferguson moved to, by Minute Motion: 1) Approve Boehm Child Care Development Center grant request of $35,000 for playground upgrades from Fund 228 and appropriate same from Fund 228, and authorize the City Manager to execute the required agreements (Contract No. C23120); 2) approve YMCA Jean Benson Child Care Center grant request of $13,080 for playground upgrades and $1,000 for cabinet repair, appropriate $14,080 from Fund 228, and authorize the City Manager to execute the 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 required agreements (Contract No. C23130). Motion was seconded by Benson and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF CONTRACT AND RELATED ACTIONS FOR UPGRADE OF AUDIOVISUAL EQUIPMENT IN THE CITY/CVAG CONFERENCE ROOM LOCATED AT THE PARKVIEW OFFICE COMPLEX. Mr. Ortega noted the staff report and recommendation. Councilmember Benson suggested amplification to the microphone system, as it is very often difficult to hear soft-spoken individuals. MR. JOHN WOHLMUTH, CVAG Executive Director, stated that a microphone system would be included, although they had not intended to have amplified sound. He said they would certainly look at adding amplified sound as part of the improvements. Councilman Ferguson stated that a number of years ago the City converted that area from office space to a conference room in exchange for a long-term lease from CVAG and spent a considerable sum of money on an interior designer and a nicely finished table, etc. Since that time, the furniture had not been kept up well, and he suggested replacement furnishings to eliminate disparity in function or design. Mayor Pro Tem Crites moved to, by Minute Motion: 1) Approve a contract with GroggWorks, Inc., San Diego, Califomia, to perform the audiovisual upgrades at the City/CVAG Conference Room located at the Parkview Office Complex (Contract No. C23140); 2) appropriate $72,000 for the cost of the equipment and software upgrades from the City of Palm Desert Enterprise Fund No. 510; 3) approve CVAG's contribution of $26,000 towards this project plus their consideration of foregoing the $10,000 of tenant improvement money as stipulated in their Lease Agreement with the City, with additional direction to look at adding: a) Amplification to the microphone system; and b) any necessary replacement furnishings to the room to eliminate disparity in function or design. Motion was seconded by Ferguson and carried by a 5-0 vote. G. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE NOVEMBER 1, 2004, TO JUNE 30, 2005, CONTRACT WITH SUNLINE TRANSIT AUTHORITY FOR ROUTE NO. 51, THE SHOPPER HOPPER ROUTE, AND RELATED MARKETING OF THE PROGRAM. Mr. Ortega noted the staff report and recommendation in the packets. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Ferguson asked whether there had been any monitoring of ridership from Indian Wells so as to determine if that has been a worthwhile expenditure of money. Business Support Manager Ruth Ann Moore responded that ridership was monitored in April and May, and monitoring of all the hotels would start the first of November when both vehicles are back on. She noted that in April and May, 25% of the ridership could be attributed to the hotels. Councilman Ferguson moved to, by Minute Motion: 1) Approve of and authorize the Mayor to execute the subject contract with SunLine Transit Authority for eight months in an amount not to exceed $180,000 (Contract No. C23150); 2) authorize the Director of Finance to set aside the amount of $18,000 as a 10% contingency for the services (use of contingency requires additional action); 3) approve an increase of said contract once negotiations of fuel costs are completed in January 2005, with the amount to be reported to the City Council once received; 4) approve the expenditure of $15,000 for advertising and special event operations of the Shopper Hopper from General Fund Account No. 110-4416-414-3681. Motion was seconded by Benson and carried by a 5-0 vote. 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, September 23, and October 14, 2004). Mayor Pro Tem Crites moved to continue this matter to the meeting of November 18, 2004. Motion was seconded by Ferguson and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF FINAL TRACT MAP NO. 31346 (Centennial Homes, Applicant) (Continued from the meeting of October 14, 2004). Mayor Spiegel noted that this had been continued from the last meeting because a resident in the area felt the street was not wide enough. Mr. Ortega noted the staff report and recommendation in the packets as well as a letter from Centennial Homes, a representative of which was available to answer any questions. Mr. Erwin added that a resident was also in the audience who wished to speak. Upon question by Councilman Ferguson, Mr. Greenwood responded that there was a variety of street widths in this neighborhood, including at least 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 one of the streets was only 32 feet wide. This part of Bel Air was 34 feet wide, and other parts of Bel Air as well as Somera and some of the other streets were 36 feet wide, and the City's standard was 36 feet. He noted that at the last meeting, Council had asked staff to approach Centennial Homes and offer them the opportunity to move the curb. They had responded in writing that they believed the issue was addressed at Planning Commission, where it was decided not to move the curb, and they did not wish to move the curb. Mayor Pro Tem Crites noted that in the North Sphere area, the City was considering varying the widths of residential streets as a way to slow traffic down a little bit. He asked if that would have any implications in this area. Mr. Greenwood responded that it could have implications. He said there was a theory that narrower streets slow traffic, whereas wider streets cause faster speeds. On this particular street, he said he did not believe it was too narrow. He added that this street had been at this width for 30 years; there were other streets in the same neighborhood that were more narrow, and no one had ever complained about them being too narrow. DR. RAINER BERGMANN, 73-100 Loma Vista Lane, said that some of the surrounding streets like Alamo were at least 40 feet wide, and most of the other streets were 36 feet. He expressed concem with adding a lot of traffic and cars to the neighborhood, especially with cars parking along the curbs of this very narrow street. In the past, the few residents on that street parked their cars off the street, so the street width was never really an issue. He said one compromise would be to modify the curb and paint it red so no one could park there. Upon question by Councilman Ferguson, he said there was only one curb cut between Barberry and Alamo on Bel Air. Upon question by Mayor Pro Tem Crites, Dr. Bergmann said he had brought up this issue when the matter was before Planning Commission, and it was completely ignored and not discussed. Mayor Pro Tem Crites asked if Dr. Bergmann had then brought the matter to Council, and he responded that he had gotten quite ill after that time and had not had a chance to bring it to Council during the two week appeal period. Mayor Pro Tem Crites noted that none of the other neighbors apparently felt enough concern about it to bring it to Council either, and Dr. Bergmann responded that the other neighbor who was most concerned had passed away. Mr. Greenwood added that staff had recently researched records which indicated the south side of the street was built to City standards, while the north side, which was the side that was already built out, was the narrow portion. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Ferguson asked about the Council's legal ability to impose a new condition on the developer since the matter had been approved by Planning Commission and the two -week appeal period had already passed. Mr. Erwin responded that the Council had no ability to impose a new condition. Upon further question, Mr. Erwin responded that the condition of approval did not affect whether that curb is painted red or not painted at all, and that was a City issue. Councilman Ferguson asked for staffs thoughts on the suggestion by Dr. Bergmann regarding painting the curb. Mr. Greenwood responded that he believed it would unnecessarily complicate the matter and would transfer the problem down the block a little bit. He said if the problem was the transition in the width of the road, that transition still happens, but it happens at a different place. Upon further question by Councilman Ferguson, he said he felt two vehicles could pass safely with cars parked on both sides of the street, although they would certainly have to slow down. He added that with the volume of traffic on Bel Air, he did not think that was something that would happen. Councilman Ferguson asked Dr. Bergmann if he had checked with the homeowner who has the curb cut to see if he would mind having his curb painted red. Dr. Bergmann responded that he had not done so. Upon question by Mayor Pro Tem Crites, Mr. Greenwood responded that he did not believe there was a safety issue on Bel Air to have two vehicles pass with cars parked on both sides of the street. MR. DEREK SCOTT, 48-075 Alamo Drive, Palm Desert, said he had not heard about this meeting until approximately two hours ago. He noted that if the notch is put in as suggested by Dr. Bergmann, there would be a potential traffic hazard and a bottleneck right before Barberry. He believed if they were to try and widen the road from the corner to 73-095 Barberry, they would impact that area. He said no one had contacted the homeowner at 73-095 Barberry, so they did not know what he wants. It was his understanding that Mr. Cavanaugh, the gentleman who had lived to the south of 73-095 and who had recently passed away, had no objection to what was being planned. With regard to the people from 73-082 to 73-014, he had never seen anyone parked on the street, and about the only time he had seen people parked on Bel Air was when someone was holding an open house for the purpose of selling their home. While he did not fundamentally object to widening the road, he did not see the purpose in doing so, and he felt it would shortchange future buyers of those four lots by taking away some of their property. Upon question by Mayor Spiegel, he said they were conditioned to put in a sidewalk which would continue from 73-095 around the corner to Alamo and intersecting with Homestead. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Ferguson stated that he liked the idea of painting the curb red until he realized there will be four more curb cuts right on Bel Air, and he felt depriving those property owners of the ability to have guests park in front of their homes was a little harsh. The City also could not condition the developer to widen the street at this point. Therefore, he agreed with the City's traffic engineer that it does not make sense to do anything but adopt the resolution. Mayor Pro Tem Crites noted that the traffic engineer felt with gardening trucks, etc., there is still safe passage as long as people slow down. If the City finds out after the homes are built that that is a problem, he would expect the neighbors to come to the Council and ask that something be done. The developer knows there is a concern for traffic issues in this area, and he felt it would be a good thing to advise future homeowners of this concern which may result in the curb being painted red. Councilman Ferguson said he would like to put on the record that that is an issue which he felt legally needs to be disclosed to prospective homebuyers so they are aware of it. Then if the City does have to do something, they cannot say they were without notice. Mayor Pro Tem Crites asked if there was any objection to this disclosure on the part of the developer, and Mr. Scott responded that he had no objection. Mayor Spiegel noted that he would not vote on this because he lives on Bel Air, although he does not live in the area in question. Councilman Ferguson moved to waive further reading and adopt Resolution No. 04-101, approving the Final Subdivision Map of Tract No. 31346 and the agreement relating thereto, asking the Applicant to disclose to future homebuyers that the City has a concern for traffic issues in this area, which may eventually result in red -curbing the street. Motion was seconded by Crites and carried by a 4-1 vote, with Mayor Spiegel voting NO. C. 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 (Continued from the meeting of October 14, 2004). Mr. Ortega noted this ordinance had been revised several times, and Council had received copies of each revision. Staff's recommended ordinance stated that "all maintenance activities in communities associated with golf courses and/or tennis courts can operate from 5:30 a.m. to 7:00 p.m., seven days a week." 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Ferguson moved to waive further reading and pass revised Ordinance No. 1076 to second reading. Motion was seconded by Crites and carried by a 4-0-1 vote, with Councilman Kelly ABSTAINING. 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) (Continued from the meeting of October 14, 2004). Mr. McCarthy noted that the applicant had requested that this item be continued to the next meeting. Mr. Erwin noted for the record that conversations had occurred earlier today with regard to this particular item, and he had advised both the Mayor and Councilman Ferguson to abstain from this matter. Any action would be done by the remaining three Councilmembers. Upon question by Councilman Kelly, he said there would be an appearance of impropriety if either Mayor Spiegel or Councilman Ferguson were to act on this particular item one way or the other because it dealt with the election. Mayor Spiegel and Councilman Ferguson left the room during consideration of this matter. Councilman Kelly moved to continue this matter to the meeting of November 18, 2004. Motion was seconded by Benson and carried by a 3-0 vote, with Councilman Ferguson and Mayor Spiegel ABSENT. A recess was observed from 6:09 p.m. to 6:13 p.m. E. CONSIDERATION OF THE COMMISSIONING OF AN ARTIST TO CREATE A MURAL FOR THE PALM DESERT LIBRARY COMMUNITY ROOM (CONTRACT NO. C22080) (Continued from the meeting of October 14, 2004). Public Arts Manager Richard Twedt reviewed the staff report, noting that the artist recommended by the Art In Public Places Commission (Susan Smith Evans) was available to answer any questions about the design and had indicated interest in hearing suggestions from Council for any changes to the design. Upon question by Councilman Ferguson, he responded that the artist for the number two design was in Florida and was not able to attend today's meeting. Councilman Ferguson said he liked number two better than number one and felt it reflected more of what he would like to see in the Palm Desert Library. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Mayor Pro Tem Crites stated that he had worked with the applicant and the spouse of one of the applicants for many years, and the City Attorney had therefore advised him not to participate in this decision. Mayor Spiegel stated that the artist's husband had taught him at College of the Desert many years, and he asked if he needed to abstain from voting. Upon question by Mr. Erwin, he responded that he did not feel that would influence his decision on this matter. Mr. Erwin stated he did not feel that Mayor Spiegel needed to abstain. Councilmember Benson stated there was consensus on the part of the Art In Public Places Commission that perhaps the work of artist number two was a little more sophisticated but that number one was more representative of the Valley and actual things that go on in the area. In addition, the artist would be using some of the students at College of the Desert while she was putting in the mural, and the City could work with her to refine the piece to delete or add things as desired. Mr. Twedt added that the Commission had weighted the decision more toward Ms. Smith -Evans' design because it was more community sensitive, reflected the community, and had historical time frames and photographs that would be incorporated. Mayor Spiegel noted that he liked the animals in the number two design, and he felt these animals (the Big Horn Sheep, lizards, kit fox, humming birds, bees, rabbits, etc.) were part of the desert as well. MS. SMITH-EVANS said she had always believed a mural is a collaborative process, and she was willing to work with the community to include other ideas. She noted that it was the direction of the Art In Public Places Commission to make the mural reflect the activities that went on in that room, which she had tried to do. She said she had tried to allow for a lot of community involvement and had planned to use local school children to design some of the lettering. She had also planned to ask members of the community contribute old photographs which could be put into a collage for people to look at when they first enter the room. Councilmember Benson noted that the runner going across the top of the wall would be milestones in the history of Palm Desert, which a lot of newcomers to the community do not know. Mayor Spiegel added that he also liked the cowboy, especially since the City of Palm Desert has the Hopalong Cassidy Trail, and he felt that was something that could be included somewhere. In addition, he liked having the Native American included. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Kelly moved to, by Minute Motion, approve the commission of Susan Smith -Evans for the subject project in an amount not to exceed $35,000 and appropriate said funds from the Art In Public Places Capital Budget, Account No. 436- 4650-454-4001, including incorporation of suggested elements as discussed at this meeting. Motion was seconded by Benson and carried by a 3-1 vote, with Councilman Ferguson voting NO and Mayor Pro Tem Crites ABSENT. XVI. OLD BUSINESS None 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 (Continued from the meeting of October 14, 2004). Mayor Spiegel declared the public hearing open, and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman Ferguson moved to waive further reading and adopt Resolution No. 04-114, approving a street name change from Shepherd Lane to Julie Lane for a 700-foot section of Shepherd Lane, west of Portola Avenue. Motion was seconded by Crites and carried by a 5-0 vote. B. 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) (Continued from the meeting of October 14, 2004). Associate Planner Francisco Urbina reviewed the staff report in detail, showing various views of the project site. He said the Planning Commission agreed with staff that an office professional general plan land use zoning designation at the site would be more appropriate than the existing R-1 single family residential. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Ferguson asked why this had not been brought up as part of the entire General Plan update process earlier this year. Mr. Drell responded that it was discussed, and the decision was to forego a decision until an application was filed. Councilman Kelly said he had looked at the project, and it did not appear it was lining up with other parts of Cook Street across the north side or down the other side of the bridge. He felt it should be Tined up to be more consistent with what is on the north side. Mr. Drell responded that the project was conditioned to widen Cook Street. Councilman Kelly asked if consideration had been given to placing the building on the west side so the parking lots will be adjacent to each other and be used more efficiently. Mr. Urbina responded that in designing the site plan, the applicant intended to have the least amount of impact on the single family homes to the west; therefore, he located the buildings on the east half of the project site. The westerly building is 121 feet away from the homes to the west, and the intent was to create a large setback buffer between the second office building and homes to the west. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this project. MR. WILLIAM WORZACK, 46520 Arapaho Terrace, Indian Wells, offered to answer any questions. MR. GUY DREIER, Architect, 74-105 Mockingbird Trail, Indian Wells, responded to question by Councilman Kelly, noting that the buffer was their biggest concern. He said that access to the golf course was already laid out through there, and the parking lot flow was already established. Councilman Ferguson noted that he calculated 57 feet from the westerly face of the western building to the curb block for the parking stalls. There was an additional bit of setback, then a road, and then a row of palm trees. He said it looked like there was close to 75-80 feet of buffer with trees and a road between, and he agreed with Councilman Kelly that it would be good to have a common parking area in the middle instead of having them both pushed to the farthest east possible. Councilman Kelly stated that with all the problems with parking, he felt this was not an appropriate plan, and he would not vote in favor of the project. MR. STEVE METZLER, 70759 Sunny Lane, Rancho Mirage, said he was in partnership with the architect. He said they had tried to develop this property 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 in concert with staff, and he felt staff should express on opinion on the parking lot situation because there was an opinion that they really do not want a sea of asphalt. He also felt consideration should be given to the proximity of the buildings to the adjacent residences. Mr. Drell said his gut feeling was that the building could not simply be pushed over and maintain the same amount of parking, although this was something that could be looked at if Council felt strongly about it. Mayor Spiegel asked if the applicant would object to looking at an altemative configuration as suggested by Council. The applicant indicated there was objection, as they were under pressure to close escrow on this project. He said the more westerly the building is moved, the more negative impact there will be, not only on the residential but on the view corridor as well, which is the entrance to the golf course. Mayor Spiegel suggested that the applicant work with several Councilmembers and staff to look at the recommendations discussed to see if an altemative can be worked out. Mr. Drell noted that this was a change of zone, which requires two readings. He suggested that perhaps Council could pass the change of zone to second reading and even adopt the general plan amendment but continue the precise plan to the next meeting to be considered at the same time as the second reading of the change of zone. With no furthertestimonyoffered, Mayor Spiegel declared the public hearing closed. Councilman Ferguson said Council in the past had an excellent track record of working with developers. Council does not always agree with staff or Architectural Review Commission. Councilmembers indicated they did not like the parking configuration, and he felt that merited taking another look at it and continuing the matter. He asked if the applicant was willing to accept the continuance and work on an alternative plan, and the applicant indicated he was willing to do so. Mayor Spiegel reopened the public hearing. Mayor Spiegel suggested that two Councilmembers be appointed to work with the applicant on this alternative configuration. Councilmembers Ferguson and Kelly offered to work with the applicant. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Ferguson moved to continue this matter to the meeting of November 18, 2004, with Councilmembers Ferguson and Kelly appointed to work with the Applicant on the potential for an alternative configuration prior to the next public hearing. Motion was seconded by Crites and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF TWO TOWER ELEMENTS ABOVE THE 25-FOOT HEIGHT LIMIT FOR A TWO-STORY, 17,061 SQUARE FOOT GENERAL AND MEDICAL OFFICE BUILDING LOCATED AT 44-851 VILLAGE COURT (APN 625-100-051 and 625-100-052) Case No. PP 04-24 (Bernard DeBonne and Prest Vuksic Architects, Applicants). Assistant Planner Tony Bagato reviewed the staff report and offered to answer any questions. Upon question by Mayor Pro Tem Crites, he responded that it was his understanding the tower elements were decorative only, not functional, and were there to break up the flat roof line of the two- story building and add some architectural interest. He stated that both the Architectural Review Commission and Planning Commission had unanimously endorsed it. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. DAVID PREST, Prest Vuksic Architects, 44-530 San Pablo Avenue, Palm Desert, offered to answer any questions. In response to the question by Mayor Pro Tem Crites, he stated that the tower elements as originally designed were strictly aesthetic; however, the one that faces Village Court will be used to hide some mechanical equipment. With no further testimony offered, Mayor Spiegel declared the public hearing closed. Councilman Ferguson noted that per staff, Embassy Suites is at 35 feet, with tower elements of 50 feet. This project is approximately half of that at its highest. Councilman Ferguson moved to waive further reading and adopt Resolution No. 04-117, approving Case No. PP 04-24. Motion was seconded by Kelly and carried by a 5-0 vote. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 D. REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO SUBDIVIDE A 38.05-ACRE SITE INTO 159 LOTS FOR SINGLE-FAMILY RESIDENTIAL HOMES, 11 LOTS FOR COMMON AREA AND LANDSCAPE PURPOSES, TWO LOTS FOR SCHOOL DISTRICT PURPOSES, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO — LOCATED ON THE NORTH SIDE OF GERALD FORD DRIVE, EAST OF GATEWAY DRIVE, KNOWN AS DOLCE DEVELOPMENT Case No. TT 31071 (Rilington Communities, Applicant). Mr. Bagato reviewed the staff report and offered to answer any questions. Councilman Kelly said it was his understanding that the General Plan discussed opening the corners. He said he would prefer that the corners have more open spaces than shown on the plans. Mr. Drell responded that the comers were on arterials, whereas this project is not on an arterial. He said those were probably larger lots already, and the corners could be pulled back. Upon question by Councilman Ferguson, Mr. Drell responded that there are no design standards for these types of subdivisions because the standards requires minimum 8,000 square foot lots. Upon further question by Councilman Ferguson regarding approval of other medium density projects in Palm Desert, he said the Vista Paseo project off of Fairhaven was a medium density project, as was Desert Rose. Both of those projects have unique standards with shorter front setbacks. The City had also approved condominium projects with zero side yards. This particular project has larger Tots in order to make up the grade differences. Upon further question by Mayor Spiegel, Mr. Drell responded that originally the developer was incorporating all of the slope on one of the parcels, which is deeper than the other as you go from east to west. The project has been conditioned to instead add retaining walls, which will add another five -six feet to the depth of the Tots. The rear yards of this project will exceed many of the rear yards in 8,000 square foot Tots because the site planning is better. He said although there would be perimeter walls, it would have public streets rather than being a private gated community. Mayor Spiegel asked that those walls be decorative walls as opposed to plain block walls. Mr. Drell responded that they would be either stuccoed or split -face, and they would be indented as has been done in other projects. There would also be sidewalks all the way around and inside the development as well. Mayor Spiegel asked whether there would be a traffic signal on Gateway, and Mr. Drell responded that there was no proposed stop 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 sign or traffic signal at Gateway and the main entrance, although Gateway and Gerald Ford would be signalized. Mayor Spiegel suggested the addition of a condition that if a traffic signal is needed, the developer will contribute his fair share of the cost. Councilman Ferguson asked whether the landscaping plan had been reviewed and approved by the City's Landscape Beautification Committee, and Mr. Drell responded that typically private projects do not. Councilman Ferguson stated that if the Council is blazing a trail on medium density standards now, he would like to have some agreement on what the landscaping guidelines will be. Mayor Pro Tem Crites felt reducing the front yards was a positive thing because it would maximize the rear yards. He said almost without exception, no one in this Valley uses their front yard, and he felt it was a good idea to increase the rear yards and allow homeowners to use and enjoy it. Mayor Spiegel declared the public hearing open and invited testimony from the applicant. MR. PAUL DEPALATIS, a local planning consultant representing the applicant, Rilington Communities. With regard to corner landscaping at Gerald Ford and Gateway, he said they would be happy to expand that landscaped area, and it would not be a problem in terms of their lot configuration. With regard to a future traffic signal, they would not be opposed to paying their fair share portion of any signals needed at intersections impacted by or adjacent to their development. He added that they were required to do an assessment of water usage for the project landscaping, and they were trying to make sure there is no excessive use of water. Perimeter and interior landscaping was reviewed by City staff and had been revised several times in favor of a more desert theme in fitting with the adjacent streetscapes along Gerald Ford and Gateway. Upon question by Councilmember Benson, he said it was his understanding that the prices would be in the $400,000 range. Mayor Spiegel invited testimony in FAVOR of or in OPPOSITION to this project. With no testimony offered, he declared the public hearing closed. Councilman Ferguson said he liked what he saw so far. If this is going to go to the Landscape Committee, he would like to take Mr. Drell's guidelines as a whole and review the project in light of those guidelines before he votes on the project. Mayor Pro Tem Crites said he would vote to approve the project if it was subject to approval through the Landscape Committee. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Kelly said he felt this was the type of project the Council had been looking for in that area, with property maintenance being cut down and made more practical. Councilman Kelly moved to: 1) By Minute Motion, approve the findings as presented for this case; 2) waive further reading and adopt Res. No. 04-118. approving Case No. TT 31071, subject to: a) Review by the City's Landscape Beautification Committee; b) Applicant's willingness to contribute a fair -share financial portion to a potential future traffic signal at the project, based upon a review of traffic volume. Motion was seconded by Benson and carried by a 5-0 vote. Councilman Ferguson asked that Mr. Drell also bring back those guidelines to a Council meeting for review and approval. E. REVIEW OF AB1600 DEVELOPER IMPACT FEE REPORT. Mr. Ortega noted the staff report and recommendation in the packets, and he offered to answer any questions. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, he declared the public hearing closed. Councilman Kelly moved to, by Minute Motion, receive and file the report. Motion was seconded by Ferguson and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER Upon a motion by Kelly, second by Ferguson, and 5-0 vote of the City Council, the following request was added to this Agenda. 1. APPOINTMENT TO THE SISTER CITIES COMMITTEE. Councilman Kelly moved to, by Minute Motion, concur with Mayor Pro Tem Crites' recommendation and appoint Mr. Rolf D. Hoehn to the Sister Cities Committee to fill the vacancy created by the resignation of Peggy Steen, whose term expires December 31, 2007. Motion was seconded by Benson and carried by a 5-0 vote. 2. Permit Fees — In response to Mayor Spiegel's question about fees charged for construction of a block wall, Mr. Ortega recalled for the City Council that it had recently approved a new schedule of fees for permits. He said the schedule was developed by an independent consultant based upon a survey of the time/material utilized by the 29 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 City in carrying out certain activities. In applying the new fees, there are some areas that are being reviewed to ensure that the value of activity is commensurate with the fee being charged. 3. Fire Contract Negotiations — Mr. Ortega commented that a draft contract and schedule of services was reviewed with the two Councilmembers who sit on the Cove Commission. He said the actual contract was ready for presentation to the entire City Council. However, the County's new Fire Chief has requested additional time to review the proposed contract and retum to the City with a cost - neutral proposal to make better use of resources. Additionally, Mr. Ortega remarked that since the Cities of Indian Wells and Rancho Mirage were slightly behind Palm Desert in this process, staff now planned to bring the draft contract before the Council in December. B. CITY ATTORNEY Mr. Erwin reported that there was no reportable action from the Closed Session held prior to this meeting. C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: 1. U.S.S. Ronald Reagan Model — Councilman Ferguson said he would like to add an item to this agenda related to the City's new relationship with the U.S.S. Ronald Reagan. Upon a motion by Mayor Pro Tem Crites, second by Councilman Kelly, and 5-0 vote of the City Council, the aforementioned consideration was added to the agenda. Councilman Ferguson explained how he became aware of the availability of this model, a 48-inch to -scale replica. He felt it was an excellent opportunity to acquire this model, which would certainly become historically significant. Further, being able to have the ship's first captain autograph the model would be quite meaningful. Mayor Spiegel recommended buying two models, one which would be displayed at City Hall and one that will be displayed at the new school. 30 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 Councilman Kelly moved to, by Minute Motion, approve the purchase of two, 48-inch scale replicas of the U.S.S. Ronald Reagan Aircraft Carrier in the amount of $1,595 each, both to be signed by the ship's first captain during the November visit. Motion was seconded by Spiegel and carried by a 5-0 vote. o City Council Committee Reports: 1. Coachella Valley Animal Campus — Councilmember Benson said the Animal Campus Commission met earlier today and formally organized a 501(c)(3) non-profit corporation. She said Corky Larson has agreed to be chair, and a few thousand dollars had already been contributed. She went on to say that Pat Conlon had circulated a list of items that were needed for the Campus and from it, one of the members offered to purchase three benches. Other members of the non-profit included Betty Carapellese, Sheila Gilligan, and representatives from each Rancho Mirage, Indian Wells, and La Quinta. 2. Coachella Valley Water Symposium — Mayor Pro Tem Crites commented that last week's Water Symposium was attended by over 300 people. He said it was an excellent event, and what he believed to be the best aspect was that there was a representative of the Southern California Water Authority in attendance. He said that organization had accomplished many goals, especially retrofitting, in a situation that may also come to pass in the Coachella Valley. He hoped that the letter he'd penned to the Water District also represented his colleagues' perspective, offering that the City would like to work with the Water District on new programs for water conservation, such as the new ET Controllers (Evapo-Transpiration). The controllers set themselves for a full year based upon historical meteorological data to regulate the amount water being put out every day. He said estimates show that such controllers could save 20°I°-30% on turf irrigation. Secondly, he said the issue of over -watering was a hot topic. He said wasted water ends up on the streets, which requires more frequent repaving; wasted water also fills up the City's dry wells. He said the only agency that can do something about this is the Water District. He said he'd suggested that the City would work together with the District to develop a water waste ordinance with some teeth. 31 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 3. Red Imported Fire Ant Proaram (RIFA) — Mayor Pro Tem Crites reported that as a part of the RIFA Subcommittee for the Coachella Valley, he'd noticed an excellent article about vector control and the fire ant problem in yesterday's Press - Enterprise. He believed it was important for the Mosquito & Vector Control District to move forward on this issue. At a recent meeting there, he observed that almost all of the cities were now represented on that Board by a member of the City Council or by a staff member. Mr. McKay has done an excellent job, but it may be something the City Council will want to reconsider how it is represented on this important Board. He noted that the only real reason holding up action on RIFA was because of the City of Palm Springs's consistent resistance due to their budget problems, adding that most of the problem was actually in the City of Palm Springs. 4. Ethics Ordinance — Responding to Councilmember Benson's inquiry, Councilman Ferguson and Mayor Spiegel said they'd been discussing the issue. Councilman Ferguson went on to say he'd participated in both the creation of and been subject to the Los Angeles Ethics Ordinance, which he felt was an excellent example. He said the plan was to ask Mr. Erwin to take a look at that ordinance and craft it to fit Palm Desert. o City Council Comments: 1. City Council Liaison Reports. a) Councilman Kelly thanked Councilmember Benson for recently providing an excellent "State of the City" address to his Rotary Club. b) November 6 Air Show — Councilman Kelly reminded everyone of the Air Show that will be held at the Jacqueline Cochran Regional Airport, Thermal. He said it would be an exciting event for the whole family from 9:00 a.m. to 4:00 p.m. that Saturday. 32 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING OCTOBER 28, 2004 XIX. ADJOURNMENT Upon motion by Ferguson, second by Crites, Mayor Spiegel adjourned the meeting at 7:30 p.m. ATTEST: HELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 33 A4)/-0'. ROBERT A. SPI