Loading...
HomeMy WebLinkAbout2004-09-23po MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, SEPTEMBER 23, 2004 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Spiegel convened the meeting at 3:02 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tenn Buford A. Crites arrived at 3:04 p.m. 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 Amir Hamidzadeh, Director of Building & Safety 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 Stephen R. Smith, Planning Manager III. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 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 Mr. Erwin asked for the City Council's consideration of adding two cases of existing litigation to the Closed Session agenda. b) City of Palm Desert v. Bananaz Grill & Bar, Riverside County Superior Court Case No. INC 045070 c) Silver Spur Reserve v. City of Palm Desert, et al., Riverside County Superior Court Case No. CIV 80790; DCA No. E023514 Upon a motion by Benson, second by Kelly, and 4-0 vote of the City Council, with Crites ABSENT, the aforementioned cases were added to the agenda. 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 Upon motion by Kelly, second by Benson, and 4-0 vote of the City Council, with Crites ABSENT, Mayor Spiegel adjourned the meeting to Closed Session at 3:04 p.m. He reconvened the meeting at 4:05 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None VI. PLEDGE OF ALLEGIANCE - Councilman Richard S. Kelly VII. INVOCATION - Councilmember Jean M. Benson 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 VIII. ORAL COMMUNICATIONS - B MS. DEBORAH McGARREY of Waste Management of the Desert, 41-575 Eclectic Drive, Palm Desert, spoke to the City Council, advising that the Edom Hill Landfill was now set to close on November 29. She said the Edom Hill Transfer Station, which is the replacement for the Edom Hill Landfill, will be opening on November 30. She offered to provide a tour of the new facility for the City Councilmembers. On behalf of the City Council, Mayor Spiegel congratulated Ms. McGarrey for being named one of the two women selected for Palm Desert's 2004 ATHENA Awards. MR. DAN PARKS of the Coachella Valley Water District, Coachella, CA, addressed the City Council to extend a personal invitation to the Coachella Valley Water Symposium being hosted by the District on October 20 at the Renaissance Esmeralda Resort and Spa, Indian Wells. He noted that water was a universal factor in all elements of life in the Coachella Valley, and this symposium would be focused strictly on water for its residents. He provided fliers for the City Council and urged their participation. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION OF PROCLAMATION DECLARING SEPTEMBER 23, 2004, AS "TARGET STORE #940 DAY" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented a framed proclamation to a representative of the Palm Desert Target Store #940, in appreciation for their donation of a bicycle as the grand prize in Palm Desert Library's Youth Summer Reading Program drawing. B. PRESENTATION OF PROCLAMATION DECLARING SEPTEMBER 25, 2004, AS THE "NATIONAL DAY OF REMEMBRANCE FOR MURDER VICTIMS" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented a framed proclamation to a representative of the local Crime Victims' Advocacy organization. C. MAYOR'S DECLARATION THAT THE MONTH OF OCTOBER 2004 WILL BE OBSERVED AS "FIRE PREVENTION AND MINI -MUSTER MONTH" IN THE CITY OF PALM DESERT. On behalf of the City Council, Mayor Spiegel presented a proclamation to Historical Society representative and Mini -Muster Coordinator John Marman, and Riverside County Fire Department Battalion Chief Walt Holloway in recognition of the program, now in its 12' year in Palm Desert. He thanked 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 the Historical Society and the Fire Department for its enthusiastic involvement. MR. MARMAN noted that over 6,000 students had benefitted from the fire safety program, and he was pleased to be coordinating it this year. D. PRESENTATION TO THE CITY OF PALM DESERT OF THE "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING" FOR THE FISCAL YEAR ENDED JUNE 30, 2003. On behalf of the City Council, Mayor Spiegel presented the plaque from the United States and Canada Government Finance Officers Association to Director of Finance/City Treasurer Paul Gibson, along with his thanks for all the efforts that resulted in this accomplishment. E. APPOINTMENTS TO THE CITY'S HISTORIC PRESERVATION COMMITTEE. Mayor Pro Tem Crites moved to, by Minute Motion, appoint D. Kent Routh, Janice Holmlund, James A. West, Robert I. Pitchford, Diane Lucas, Muriel Surles, and Karen (Kay) Young to the City's first Historic Preservation Committee. Motion was seconded by Kelly and carried by a 5-0 vote. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of September 9, 2004. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 50, 53, 54, 58, and 61. Rec: Approve as presented. C. CLAIM AGAINST THE CITY (#5381 by Gerald Sherman in an Unspecified Amount. Rec: By Minute Motion, reject the Claim and direct the City Clerk to so notify the Claimant. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Fungi, Inc., for Touch of Mama's, 74-063 Highway 111, Palm Desert. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 E. MINUTES of the City's Committee and Commission Meetings. 1. Housing Commission Meeting of July 7, 2004. 2. Public Safety Commission Meeting of June 9, 2004. Rec: Receive and file. F. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Various Items of Computer Hardware. Removed for separate consideration under Section XI, Consent Items Held Over, of the Agenda. Please see that portion of the Minutes for Council discussion and action. G. REQUEST FOR APPROVAL of Vendor Services for Wholesale Electrical Parts. Rec: By Minute Motion, approve the use of REXEL CALCOM, Palm Desert, California, for the wholesale purchase of electrical parts. H. REQUEST FOR APPROVAL of Vendor Services for the Purchase of Graffiti Removal and Other Industrial Cleaning Chemicals. Rec: By Minute Motion, approve the use of American Industrial Supply (AIS), Inc., Burbank, California, for the purchase of graffiti removal and other industrial cleaning chemicals. I. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22570 — Construction Services for Front Counter Space and Cabinetry Addition for the Department of Building & Safety (Doug Wall Construction, Inc., Bermuda Dunes, 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. J. REQUEST FOR APPROVAL of the Expenditure of Cal COPS (Supplemental Law Enforcement Services Funding - SLEF) for Computer Equipment. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission to approve the expenditure of $18,095 in Cal COPS grant funding to purchase computer equipment for the Palm Desert Police Department. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 K. REQUEST FOR APPROVAL of Reassigning Officer from the Palm Springs Narcotics Task Force (PSNTF) to the Palm Desert Station. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission to reassign the Dedicated Sheriff's Service Officer from the Palm Springs Narcotics Task Force (PSNTF) to the Palm Desert Station. L. REQUEST FOR ACCEPTANCE of Local Law Enforcement Block Grant (LLEBG) Award and Approval of Matching Funds. Rec: By Minute Motion, concur with the Public Safety Commission's recommendation to accept the LLEBG Award ($11,535) and approve the matching funds expenditure ($1,282) in Police Contingency Funds for a total LLEBG Grant eligible award amount of approximately $12,817. M. CONSIDERATION of Recommendation from the Public Safety Commission Regarding a Police Substation at Westfield Shoppingtown Palm Desert. Rec: By Minute Motion, concur with the recommendation of the Public Safety Commission to: 1) Authorize the Police Department and staff to finalize negotiations on a Police Substation location and move - in by November 2004 at Westfield Shoppingtown Palm Desert; 2) consider the existing Visitor Information Center location for a future commercial substation for the Police Department once it is vacated. N. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Mayor Spiegel removed Item F from the Agenda for separate discussion under Section XI, Consent Items Held Over. Mayor Pro Tem Crites also removed Item N-1 for separate discussion. Upon motion by Crites, second by Kelly, the remainder of the Consent Calendar was approved as presented by a 5-0 vote. XI. CONSENT ITEMS HELD OVER F. REQUEST FOR DECLARATION of Surplus Property and Authorization for Disposal — Various Items of Computer Hardware. Mayor Spiegel suggested that from this point on, surplus computer equipment should first be offered to Palm Desert schools and then to schools 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 within the Desert Sands Unified School District, followed by Coachella Valley Unified School District schools. Councilman Ferguson asked that Palm Desert's Sister City of Ixtapa- Zihuatanejo also be included. Mayor Spiegel moved to, by Minute Motion, declare items listed on the staff report's Exhibit "A" as surplus and authorize staff to dispose of it appropriately, requesting that such computer equipment be from this point forward always offered first to Palm Desert schools, then to Desert Sands Unified District Schools, Coachella Valley Unified District Schools, and Palm Desert's Sister City of Ixtapa-Zihuatanejo. Motion was seconded by Ferguson and carried by a 5-0 vote. N. INFORMATIONAL ITEMS: 1. Progress Report on Retail Center Vacancies Mayor Pro Tem Crites congratulated Ruth Ann Moore on her report dealing with Palm Desert's shopping centers. He noted that most of the centers were 100% occupied, and the rest were in the mid to upper 90%. He felt this was a remarkable achievement and was something any community would be more than happy to have. XII. RESOLUTIONS None XIII. ORDINANCES For Introduction: A. ORDINANCE NO. 1076 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE SECTIONS 9.24.060 (H)(2) AND 9.24.075 (A) FOR UNIFORM PROPERTY MAINTENANCE ACTIVITY HOURS OF OPERATION. Mr. Ortega noted the staff report and recommendation in the packets. Councilmember Benson noted the letter received today from Mr. Schaefer and said she agreed with him and did not see a need to have any equipment running on Sunday. Councilman Ferguson agreed. MR. HUGH SCHAEFER, 77-568 Calle Las Brisas N, Palm Desert, noted that he had submitted to the Council his written comments. He said he generally 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 concurred with the proposal, including combining the several ordinances into one and not exempting non -golf course homeowner associations from the ordinance. He supported the proposal to have seasonal hours as proposed in the draft ordinance; however, he was opposed to any earlier start hours than 8:00 a.m., whether summer or winter. While he did not have a problem with the proposed hours during the week, including Saturdays, he did not feel the hours should be the same on Sundays. He felt Sundays should be days of peace and quiet, and he felt most people would not like property maintenance machinery running at an early hour on a Sunday morning. Mayor Pro Tem Crites agreed with his Council colleagues; however, he felt Saturdays and Sundays could have beginning times of 9:00 a.m. rather than 8:00 a.m. Mayor Pro Tem Crites moved to waive further reading and pass Ordinance No. 1076 to second reading, as amended for Saturday and Sunday hours of operation in the period of May 1s` through September 30th being 9:00 a.m. to 5:30 p.m. Motion was seconded by Ferguson and carried by a 5-0 vote. For Adoption: A. ORDINANCE NO. 1075 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO THE AGE LIMITS CONTAINED IN THE DEVELOPMENT AGREEMENT RELATED TO THE PROJECT KNOWN AS VILLA PORTOFINO LOCATED AT 73-755 COUNTRY CLUB DRIVE Case No. PP/CUP 98-21 Amendment (Villa Portofino/Royce International and Mike La Melza, Applicants). Councilman Kelly moved to waive further reading and adopt Ordinance No. 1075. Motion died for lack of a second. Councilman Ferguson noted that Mayor Pro Tem Crites had expressed some concern about the wall along Country Club Drive at the Villa Portofino project. He asked if something could be done to provide some relief along that wall. Mayor Pro Tem Crites said this was another example of a long white wall with no architectural pizzazz, no relief in terms of meander, no openings anywhere in it, etc. Councilman Kelly noted that the new wall along Fred Waring was also very plain. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 Mayor Spiegel noted that Villa Portofino was also asking that the age limitations be lowered. Originally, minimum age was 62 years, and they were asking that it be lowered to age 55. Councilmember Benson stated that with regard to lowering the minimum age limit, this was the third development where the Council had agreed to do that. She asked if something could be done to make those projects age 55 to begin with. Councilmember Benson moved to waive further reading and adopt Ordinance No. 1075, with staff requested to explore and report back on the results of the exercise at the City Council's next meeting: 1) How at this point the applicant could be encouraged to incorporate architectural and/or landscape relief into the long, white wall that's been built along Country Club Drive at the Villa Portofino project as well as the one to be built along Portola Avenue; 2) City ordinances regulating minimum age of occupants at senior housing projects for ability to set said minimum at 55 years for all future applications. Motion was seconded by Kelly and carried by a 4-1 vote, with Councilman Ferguson voting NO. XIV. NEW BUSINESS A. REQUEST FOR AUTHORIZATION TO COMPLETE CONSTRUCTION OF THE WESTFIELD BUS SHELTER UTILIZING FUNDS WITHHELD FROM THE FINAL PAYMENT TO WESTFIELD. Councilman Ferguson moved to, by Minute Motion: 1) Authorize staff to complete construction of the bus shelter on Town Center Way, utilizing funds withheld from Westfield, as per their request; 2) approve in concept an agreement between Westfield and the City of Palm Desert, memorializing staffs participation — funds for this project are available in Account No. 456-4361-433-4001 (Contract No. C16920A). Motion was seconded by Crites and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF SUPPLEMENTAL ENGINEERING STAFF IN THE CITY'S PUBLIC WORKS DEPARTMENT. Mr. Ortega noted the staff report and recommendation in the packets. Councilman Ferguson moved to, by Minute Motion: 1) Approve the hiring of supplemental engineering staff on a contractual basis for the Public Works Department in an amount not to exceed $110,000 (Contract Nos. C23060A-C); 2) Appropriate said funds from General Fund Reserve for these services; 3) Authorize the City Manager to execute said agreements. Motion was seconded by Crites and carried by a 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 C. REQUEST FOR RATIFICATION OF CONTRACT FOR PROFESSIONAL SERVICES RELATED TO PERFORMANCE OF A FEASIBILITY STUDY FOR THE PROJECT KNOWN AS ELDORADO WEST (CONTRACT NO. C22970, PROJECT NO. 642-01). Mr. Ortega reviewed the staff report and recommendation. Councilman Ferguson moved to, by Minute Motion: 1) Ratify award of the subject contract with Terra Nova Planning & Research, Inc., Palm Springs, California, in the amount of $142,525; 2) Authorize a 10% contingency for the project — funds are available in Account No. 110-4300-413-3010. Motion was seconded by Crites, 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 meeting of August 26, 2004). Councilman Ferguson moved to continue this matter to the meeting of October 14, 2004. Motion was seconded by Benson and carried by a 5-0 vote. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM OPEN SPACE PUBLIC RESERVE TO HILLSIDE RESERVE (1 DU/5 AC), A CHANGE OF ZONE TO PRE -ZONE THE NORTHEAST CORNER OF SECTION 5, T6S R6E, FROM RIVERSIDE COUNTY'S N-A (NATURAL ASSETS, 1 DU/20 AC) TO HILLSIDE PLANNED RESIDENTIAL (1 DU/5 AC, WITH A DRAINAGE, FLOOD PLAINS & WATERCOURSE OVERLAY ZONE);A HILLSIDE DEVELOPMENT PLAN/PRECISE PLAN TO ALLOW THE CONSTRUCTION OF A 32,016 SQUARE FOOT SINGLE-FAMILY HOME; ADOPTION OF A MITIGATED NEGATIVE DECLARATION AS IT RELATES TO THE PROJECT THERETO; A RESOLUTION REQUESTING LAFCO TO TAKE PROCEEDINGS FOR PALM DESERT ANNEXATION NO. 38 Case Nos. GPA 04-02. C/Z 04-04, HDP/PP 04-21 (Hagadone Family Trust, Applicant) (Continued from the meeting of September 9, 2004). Planning Manager Steve Smith reviewed the staff report and offered to answer any questions. He noted that the Planning Commission on Tuesday 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 evening unanimously recommended approval of all of the applications. He added that the Architectural Review Commission also reviewed the plan and recommended approval. Mayor Pro Tem Crites noted that approximately one acre of the 4.84 acres would be taken out of open space to be used for housing. He said in the County, when someone takes a piece of land out of open space, they are required to in some way mitigate for that, and he asked if something was being done along those lines with this piece of land. Mr. Smith responded that this was property previously owned by the Water District and zoned open space. There would still be well in excess of the typical 3 to 1 ratio of land dedicated into open space through the conservation easement. Mayor Spiegel declared the public hearing open, and invited testimony from the developer. MR. JOHN BARLOW, Trustee with the Hagadone Family Trust, spoke as representative of Duane and Lola Hagadone. He said a lot of time and effort had been spent in making this project very special and compatible with the site and the setting. With regard to the question raised by Mayor Pro Tem Crites, he said 4.13 acres would go to the City in a conservation easement, which is about a six to one ratio. He added that a good portion of the .71 acres that is within the building portion was a buffer for them to use for construction so the would not get into the area that would be dedicated. The actual part of land that would be developed was an even smaller fraction than the .71. He noted that every step of the way they had been conscious not just of their own design and desires but of the community design and views and the spirit of the hillside ordinance that protects these views with respect to color, texture, etc. Councilman Ferguson said it was his understanding that Mayor Pro Tem Crites was pointing out that there were five acres of land that currently is not in the City which, for all practical purposes, would never be developed and did not really have a use. The developer was taking a small portion of it and offering the balance for that which it already is. He said he did not think Mayor Pro Tem Crites was bothered by the amount of land being taken; it was just the precedent that generally does not allow net reduction in open space as part of these transactions. He asked if the trust would consider making a modest donation to an acquisition fund for open space in an amount equivalent to fair market value for the .71 acres that were being taken, and this would preserve the precedent of not having any net reduction in open space as a result of this annexation. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 MR. BARLOW responded that the 4.84 acres was currently within the County, and the City would gain 4.13 new acres of land that would have a conservation easement to prohibit anything being done on that land forever. He said in their eyes, there was already consideration that had been given to the City. Upon comment by Mayor Pro Tem Crites that the land was already zoned open space, he said City staff was very excited because this was a piece of land that was not part of the reserve, and because of what the applicant was doing, it would now become part of the Bighorn Reserve. MR. CARL CARDINALLI noted that his recollection from discussions with Phil Drell were that the property itself was not part of Bighorn Sheep habitat. Terra Nova came out and did an environmental assessment because this 4.84 acres was outside of the project area of Bighorn. At that time, the land was not part of any habitat area, and the analysis requested and proposed the mitigation for the use of this portion of the 4.84 acres to be placed in an easement to be kept in its natural state in perpetuity. A representative of the California Department of Fish & Game came out and looked at the area proposed for use and commented that it seemed that the area being proposed for use was just a natural extension of what the homesite was, and putting the balance into a conservation easement of this sort captured it for Bighorn habitat forever. Councilmember Benson questioned what measures would be taken to make sure there is no glare from the roof and that it is not visible as someone drives into the City MR. BARLOW stated that the material to be used would be patina copper, which is the same type of material on the roof of the clubhouse at Bighorn. He said it would not have the shiny effect which Councilmember Benson was concerned about. MR. GUY DREIER, Mockingbird Trail, Indian Wells, further explained the proposed roof material to be used, noting it was an acid washed copper that eventually goes bronze, and this was close as they could get to the color of the rocks. Councilman Ferguson asked if any analysis had been done from a viewpoint north of the Bighorn Development and Highway 74 and what, if anything, would be visible from those vantage points. Mayor Pro Tem Crites noted that he had met with Mr. Cardinalli earlier that day out on Highway 74 by the Bighorn Institute, and story poles had been held up so that he could see what, if any, of this project would be visible. He said the project as proposed was less visible than some of the existing structures at Bighorn on the other side of the Highway. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 MR. BARLOW further described how the project had been designed to mitigate view impacts. Mayor Spiegel invited testimony in FAVOR of or in OPPOSITION to this project. With no testimony offered, he declared the public hearing closed. Mayor Pro Tem Crites noted that his concems with regard to the roof materials and view impacts had been responded to; however, he was still concerned with precedent being set with regard to having a net even balance in terms of open space. He felt this was a remarkable project, and the fact that the developer had done all the work and would actually be building walls of rock outside the project had done a great deal to satisfy what could have been a contentious set of issues for him. Councilman Ferguson concurred with Mayor Pro Tem Crites and said he had never before seen anything quite like this. A considerable amount of time and money had been put into this project, and he was very happy with it. He did have a concern with regard to the net reduction in open space, but he knew Mr. Hagadone well enough to know that he could address that with him when he gets back. Councilman Ferguson moved to waive further reading and: 1) Adopt Resolution No. 04-95, approving a General Plan Amendment from Open Space Public Reserve (OS/PR) to Hillside Reserve (R-HR), 1 d.u./5 acres for 4.84 acres in Section 5, T6S R6E; 2) pass Ordinance No. 1077 to second reading, approving a change of zone from Riverside County's N-A (Natural Assets, 1 d.u./20 acres) to HPR, D (Hillside Planned Residential, 1 du/5 ac, with a Drainage, Flood Plains & Watercourse Overlay Zone) for the prezoning to facilitate annexation to the City for 4.84 acres in Section 5, T6S R6E;3) Adopt Resolution No. 04-96, approving a Hillside Development Plan / Precise Plan to allow the construction of a 32,016 square foot single-family home, and adoption of a Mitigated Negative Declaration as it relates to the project thereto; 4) adopt Resolution No. 04-97, requesting LAFCO to take proceedings for Palm Desert Annexation No. 38. Motion was seconded by Crites and carried by a 5-0 vote. B. CONSIDERATION OF THE VACATION OF A PORTION OF THE PUBLIC RIGHT-OF-WAY KNOWN AS OCOTILLO DRIVE NORTH OF GRAPEVINE STREET (George and Sara Buono, Applicants). City Engineer Mark Greenwood reviewed the staff report and offered to answer any questions. Mayor Spiegel declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 Councilman Ferguson noted that the house being built had front and side street walls six feet in height, which was permitted under City Code; however, two houses down was another cinder block wall being built. He referred to these as "Alamo" homes because they were completely walled in. If two or more of those are put together, the result is the same blank wall effect that the Council was just discussing on Fred Waring. He asked if the group that will be looking at the Villa Portofino walls and the wall along Fred Waring could also look at the City's ordinance so that a community that should be open residential does not wind up being a lot of "Alamos" and whether the City would have the ability to limit the density of such structures. Councilmember Benson and Councilman Kelly agreed. Mayor Spiegel suggested that the City's Landscape Beautification Committee be charged with looking into this issue. Councilman Ferguson moved to: 1) Waive further reading and adopt Resolution No. 04-98, vacating the subject right-of-way on Ocotillo Drive north of Grapevine Street; 2) ask the two City Councilmembers who participate in the Landscape Beautification Committee to work with staff regarding the previous issue of the Villa Portofino walls and wall along Fred Waring, and, in this instance, the ability to limit the density of "Alamo" walls being put up in open residential areas and review of the City ordinances regulating same. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, PALM DESERT MUNICIPAL CODE CHAPTER 25.25, TO RESTRICT THE HEIGHT AND DESIGN OF BUILDINGS IN THE OFFICE PROFESSIONAL (O.P.) ZONE ON LOTS FRONTING ONTO PORTOLA AVENUE BETWEEN FRED WARING DRIVE AND DE ANZA WAY Case No. ZOA 04-01 (City of Palm Desert, Applicant). Mayor Pro Tem Crites noted that the appellant in the next public hearing (Public Hearing D) felt it was unfair that their case was scheduled to be considered after this public hearing to amend the zoning ordinance. He suggested that both public hearings be opened simultaneously and that comments be taken on both issues at the same time since they were interrelated. Council agreed. Mr. Smith reviewed the staff reports for both public hearings and offered to answer any questions. Upon question by Councilman Ferguson, Mr. Smith responded that the applicant had filed his application for this project on June 21, 2004. Councilman Ferguson said that meant the applicant had full notice that the 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 City had a new General Plan with the residential character limitations, and Mr. Smith agreed. Mayor Spiegel declared both public hearings open and invited testimony from the appellant. MR. CHRIS McFADDEN, 72-925 Fred Waring Drive, Suite 204, Palm Desert, responded to the comment by Councilman Ferguson and said he had not known the language of the text of the General Plan. He showed a Powerpoint presentation of the proposed project and surrounding area. He noted that his project met or exceeded all of the criteria in the current OP standards. Councilman Ferguson asked if Mr. McFadden was asking the Council to find that his project complies with the City's direction of the General Plan and that the office building be residential in nature or if he was asking that the Council change that requirement from the General Plan. MR. MCFADDEN responded that he was asking the Council to find that this is residential and cohesive with the neighborhood, not to change the General Plan. He said the layout of the project would reduce traffic off of Portola by having access to Catalina and through circulation. The traffic circulation would be safer than the current situation, and the plan applied with all aspects of the current OP use and included nine extra parking spaces above the 48 required. In an effort to be more compatible with the neighbors, he had agreed to lower the building by three feet to a maximum height of 22 feet by sinking the lower floor and adding a retaining wall along the Portola and Catalina frontages; the building would be no taller than those in the immediate vicinity. He felt the site was efficient, not congested, provided reasonable solutions to multiple traffic problems, would be a great buffer between the traffic corridor and the residential corridor, and would enhance the value of the neighborhood. He also showed slides of what the project would be like if it were single -story, which seemed to be the direction favored by City staff and said he felt this would be a much Tess desirable project. Construction costs would be higher, rates of return would be Tess, site circulation would be less efficient, and the project would not be as compatible with the neighborhood. Finally, he said this neighborhood was more blended than distinct, with both single- and multi -family dwellings, single -story and two-story, private ownership and rentals. Commercial use exists relatively close and was creeping in along the traffic corridor. He felt the change of use in zoning was reasonable, progressive, and almost a natural occurrence. He hoped the Council would see the vision he desired to bring to this area and would vote for this project and the enhancement of the neighborhood. He said he 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 believed the residential character restriction was being misapplied to this parcel, and it was intended to be applied to existing single-family Tots being converted to OP on a lot by lot basis, most of which were substandard for OP development. He was requesting that this area be reconsidered because this was a unique lot and program. He offered to answer any questions. Councilman Ferguson said the appellant was saying he could not make money with single story, and it sounded like he was saying if the City is going to require these to be residential in character in single story, no one could ever make money. MR. MCFADDEN said he felt withholding the zone change to a higher, better use would culminate in the stagnation and continued decline, both in aesthetics and economic feasibility for these residences. He said he was currently suffering with 30% reduction in rent for these residences compared to equivalent housing located elsewhere in the City because no one wants to live on Portola. With the added expense of doing commercial construction, there were higher land costs, demolition, increased taxes and operating costs, six-foot abandonment of property to the public right of way, and median contributions, etc. Upon question by Councilmember Benson, he responded that when his project was before the Planning Commission, they had already voted on the amendment, and he felt he was wasting his breath even making a presentation because his project was denied. Councilman Ferguson stated that comments from Planning Commissioners in the Minutes indicated that they felt they had no choice but to turn down the project, given the direction of the City Council. Mayor Spiegel invited testimony in FAVOR of or in OPPOSITION to this project. The following spoke in OPPOSITION to the project because of privacy concerns, height, traffic, noise, parking, the mass of the proposed building, safety, setbacks, and sidewalk issues. MRS. ANNE WALKER, 74-539 Monte Verde, Palm Desert MR. DOUG WALKER, 74-539 Monte Verde, Palm Desert MS. MING C. LOWE, 73-985 Catalina Way, Palm Desert MS. JEAN MARTIN, 44-276 San Jose Avenue, Palm Desert MR. JIM WALKER, 44-445 San Jose Avenue, Palm Desert 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 With nofurthertestimonyoffered, Mayor Spiegel declared the public hearing closed. Councilmember Benson said she felt anything other than what is on that corner would be an improvement, and she felt the entire corner remained an eyesore. However, she agreed with the neighbors that Catalina would bear the majority of the impacts. She felt this was too massive project, although she would not mind seeing an office professional project there on an step level. Mayor Pro Tem Crites said when the new General Plan was adopted, he had no interest in seeing a wall of buildings along Portola. He had explained to the developer several months ago that he was very uncomfortable with the idea of two-story along there, and he remained as uncomfortable now as he was then. He said to him, residential meant residential in character. An option was to approve something that is both residential in character and which works with the neighborhood. Councilman Ferguson stated that he had a lot of respect for Mr. McFadden and liked his architecture; however, he did not feel that commercial should immediately abut residential because it never works. For the City of Palm Desert, a great buffer was Office Professional, and it is generally dictated by the width of the street. He said it was his intention with the residential restriction on office professional to encourage single family conversions to offices while still looking like houses. He said these usually had a lone professional in them, so the traffic would not be increased. It provided economic incentives for property owners who do not want to live there the opportunity to sell their property and go somewhere where they would like to live and opportunity for younger, single professionals to get an office without having to build their own building. He said he felt this project did not match any of those things; City staff probably tried to give guidance to the developer that this probably was not going to be approved; Architectural Review Commission pretty much unanimously told the developer that this project is not residential; Planning Commission told him this is not residential; and he suspected the Council would tell him tonight the same thing. He added that for all the reasons outlined by the neighbors tonight and in the correspondence he had received, this seemed like too much in too little bit of a space. He said for that reason, he would vote to deny the appeal and approve the General Plan text amendment. Councilman Kelly said he was opposed to zoning anything office professional on Portola that is not already zoned office professional, mainly because of the traffic volume on Portola and the fact that other things will have to be done on that street in the near future. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 Councilman Ferguson moved to: 1) Waive further reading and adopt Resolution No. 04-99, denying the appeal to Case No. C/Z 04-02 and PP 04-20; 2) by Minute Motion, reaffirm the decision by the Architectural Review Commission, which denied architectural approval. Motion was seconded by Kelly and carried by a 5-0 vote. Councilman Ferguson moved to waive further reading and pass Ordinance No. 1078 to second reading, approving an amendment to the Office Professional (O.P.) Development Standards, Chapter 25.25 of the Palm Desert Municipal Code. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Kelly voting NO. D. CONSIDERATION OF AN APPEAL OF A DECISION BY THE PLANNING COMMISSION, DENYING A CHANGE OF ZONE FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO OFFICE PROFESSIONAL (O.P.) AND A PRECISE PLAN OF DESIGN; AND AN APPEAL TO A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, DENYING ARCHITECTURAL APPROVAL FOR A 14,115 SQUARE FOOT TWO-STORY OFFICE BUILDING ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF PORTOLA AVENUE AND CATALINA WAY (44-277 PORTOLA AVENUE) Case Nos. C/Z 04-02 and PP 04-20 (Portola Properties/Chris McFadden, Applicant). Please see Public Hearing C above for staff report, discussion, and action by the City Council. E. REQUEST FOR APPROVAL OF AN EXCHANGE AGREEMENT BETWEEN DESERT WELLS 237, LLC, AND THE PALM DESERT REDEVELOPMENT AGENCY (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mayor/Chairman Spiegel declared the public hearing open and invited testimony in FAVOR of or OPPOSED to this request. No testimony was offered. Mayor Pro TemNice Chairman Crites moved to, by Minute Motion, continue this public hearing to a date uncertain. Motion was seconded by Ferguson and carried by a 5-0 vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XVIII. REPORTS AND REMARKS A. CITY MANAGER SEPTEMBER 23, 2004 Councilman Kelly moved to add the following item to the Agenda for discussion and action. Motion was seconded by Crites and carried by a 5-0 vote. REQUEST FOR APPROVAL OF FINAL PARCEL MAP NO. 31730 (American Realty Trust and Desert Wells 237, LLC, Applicants). Mr. Ortega reviewed the staff report and recommendation. He said this would basically allow the land owner to transfer Parcel 10 to the developer. The City has already approved a specific development plan for that parcel, and he had a question as to whether certain conditions were included as part of that parcel, which would be the bridge or pedestrian overpass onto the east side of Cook Street. It was his understanding that it was not included; however, he felt the plan all along had been that the bridge would be included as part of that development. He said there was a question as to whether the bridge would serve the City as a whole and the university. Councilman Ferguson said it was his understanding that as each parcel came back for development, that would be the appropriate time to issue off - site developer fees to help build the pedestrian overpass. He said he thought that was the direction he had gotten from the City Attorney. Mr. Erwin stated that normally, conditions are imposed on the tentative; in this case, it had already been approved. Councilman Ferguson stated that for the six parcels that do not yet have a precise plan of development, conditions for off -site developer fees can be imposed at that time. He said it was his understanding that a question was posed to the developer, Rick Evans, asking whether he would participate equally with the other parcels in that cost, since the first parcel has already been approved, and he thought staff had indicated the answer was yes. Mayor Pro Tem Crites stated that normally, when something spans two sides of a street, the costs are split 50%. What was being looked at, then, was participation of a fairly broad area on the west side of the street in combination to a total of 50%. Mr. Ortega said this was the first time for this sort of structure; however, it was the typical policy for things such as landscaping. MR. RICK EVANS stated that when his precise plan was approved in April, there was vigorous discussion about the bridge, and he had offered in his plan a location he felt was the best. He said what he understood the Council 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 to say was the location anywhere in the university village really was not the appropriate place, and the location would more properly be placed on the south side of Berger so that the bridge would extend from the south side of Berger along Cook across the street to the park where the main statue in the university complex is located. Councilman Ferguson agreed that the bridge had been discussed, including physically where that bridge was going to touch this parcel map, and he thought it had been delineated in the map. A second issue was how to pay for the construction of the bridge. The bridge is designed to benefit all the residents of this parcel map, and typically the developers pay for one-half the costs of the improvement, which would be spread throughout all seven parcels of the map. Mr. Evans already had an approval for his parcel, so the City cannot condition him to participate. He said he thought Mr. Evans had been asked whether he would be willing to do it voluntarily in the spirit of getting this bridge done. MR. EVANS said if the bridge is in a location that is right, they would probably be willing to participate in it because they could use the easy access to the school. He added that it was a budget question that would have to be studied first, and he asked if staff could perhaps come up with a rough estimate of the cost. Mr. McCarthy stated when this question was raised at the specific plan approval process, it was implied that there would be participation through the Community Facilities District (CFD) process. That is why it was not addressed through the mechanism of the specific plan or the tentative tract map. MR. DAN ALLRED, American Realty Trust, 1800 Valley View Lane, Suite 300, Dallas, Texas 75234, spoke as one of the property owners, said he also spoke for Mr. Marix, one of the other property owners. The tentative map was approved in April by Planning Commission, and there was not a condition placed on this parcel map, although it was discussed. He said no one had said a word to them about this bridge since at least April. With regard to the CFD process, he said he thought the property owners would be willing to assume the obligation of 50% of a bridge through that process so it would be spread fairly to everyone. He said he would like it conditioned on the university putting up their half as well and that it be done within a certain period of time. MR. MIKE MARIX, 128 Vista Monte, Palm Desert, said he had had no discussions about a bridge, although he remembered it being discussed by Mayor Pro Tem Crites at one time briefly but in no great detail. He said he did not see any value to it. He added that if there is a 50% participation by someone else as suggested by Mr. Allred, he felt that needed to be provided 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 within a certain period of time. Depending on how the Council conditions the creation of the share from their side, if it was not done by that period of time, he felt they should get their money back. Mayor Spiegel stated that when the precise plan comes to the Council, those issues will be discussed. Mayor Pro Tem Crites moved to waive further reading and adopt Resolution No. 04-100, approving Parcel Map No. 31730. Motion was seconded by Benson and carried by a 5-0 vote. B. CITY ATTORNEY None C. CITY CLERK None D. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Requests for Action: Councilmember Benson moved to add the following item to the Agenda for Council discussion and action. Motion was seconded by Crites and carried by a 5-0 vote. 1. Request for Approval of Funding for Sister Cities Scholarship (Mayor Pro Tem Buford A. Crites). Mayor Pro Tem Crites reviewed the staff report and recommendation. Councilman Ferguson moved to, by Minute Motion, approve a one-time $1,000 scholarship over a two-year period for one student from the area of Ixtapa-Zihuatanejo to obtain higher education/training, and authorize said expenditure from the Sister Cities budget — funds are available in Account No. 110-4416-414-3126. Motion was seconded by Kelly and carried by a 5-0 vote. 2. Consideration of Matching Funds Program for Renovation of Landscaping to Water -efficient (Mayor Pro Tem Buford A. Crites). With City Council concurrence, staff was authorized to review such a program and bring it before the Landscape Beautification Committee to consider its potential, possibly patterned after the City's Facade Enhancement Program and one being implemented by the City of Cathedral City. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 23, 2004 o City Council Committee Reports: None o City Council Comments: 1. City Council Liaison Reports. a) U.S.S. Ronald Reaaan — Mayor Spiegel said yesterday he and Superintendent of Desert Sands Unified School District Dr. Doris Wilson were invited to the U.S.S. Ronald Reagan. He said the Captain wanted to approach both the City and the School District about a cooperative program in conjunction with the new school being built along Country Club Drive and adjacent to the City's Freedom Park. The program would provide for student trips to the ship, sailors and officers coming to the school to present programs, a tie-in to the City's summer concert series, and also opportunity for the City's adult residents to take group trips to tour the ship (e.g. Joslyn Cove Senior Center). The proposal would be considered by the 2 x 2 Committee, and if recommended for approval, City and School District officials would be invited to visit the ship to finalize the plans. XIX. ADJOURNMENT Upon motion by Ferguson, second by Crites, and unanimous vote of the City Council, Mayor Spiegel adjourned the meeting at 6:30 p.m. ATTEST: R HEL E D.J LASSE , CITY CLERK ) CITY OF PALM DESERT, CALIFORNIA to'&Y2 ROBERT A. SPIEG "L, / OR 22