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MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, APRIL 14, 2005
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Crites convened the meeting at 3:00 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro Tem Jim Ferguson
Councilman Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Buford A. Crites
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney, left the meeting at 4:00 p.m.
Robert W. Hargreaves, Deputy City Attorney, arrived at 4:00 p.m.
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
Duane K. Munson, Interim Director of Human Resources
Michael J. Errante, Director of Public Works
David Yrigoyen, Director of Redevelopment & Housing
Robert P. Kohn, Director of Special Programs
Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF
Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept.
III. ADJOURN TO CLOSED SESSION
Request for Closed Session:
Conference with Real Property Negotiator pursuant to Govemment Code
Section 54956.8:
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
1) Property: Lease Property - Parkview Professional Office Complex,
73710 Fred Waring Drive, Suite No. 217, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Joe B. McMillin
Under Negotiation: x Price x Terms of Payment
2) Property: Right-of-way Acquisition (APNs 624-250-082, 624-250-083)
Negotiating Parties:
Agency: Carlos L. Ortega/Michael J. Errante/Mark D. Greenwood/
City of Palm Desert
Property Owner: Valley Palms Homeowners Association
Under Negotiation: x Price x Terms of Payment
Councilman Spiegel moved to add the following two items to the Agenda for
discussion in Closed Session. Motion was seconded by Kelly and carried by a 5-0 vote.
3) Property: 10 acres ± at the NEC Country Club Drive/Desert Willow Drive
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert
Redevelopment Agency
Property Owner: Sanderson J. Ray/Desert Springs Partners
Under Negotiation: x Price x Terms of Payment
4) Property: 1.8 acres at the NWC Portola Avenue/Haystack Road
(APN 630-200-019)
Negotiating Parties:
Agency: Carlos L. Ortega/City of Palm Desert/Palm Desert
Redevelopment Agency
Property Owner: Coachella Valley Water District
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 3
With City Council concurrence, Mayor Crites adjourned the meeting to Closed
Session at 3:04 p.m. He reconvened the meeting at 4:00 p.m.
IV. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None (See Redevelopment Agency Agenda Item IX.)
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of March 24, 2005.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 193, 194, 198, 202, 203, 204, and 207.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#5471 by Artistic Entertainment Services, LLC,
dba Festival Artists Worldwide, in the Amount of $71,500.
Rec: By Minute Motion, reject the claim and direct the City Clerk to so notify
the Claimant.
D. CITY'S/AGENCY'S COMPLIANCE ANALYSIS AND INVESTMENT
REPORTS for the Month of February 2005 (Joint Consideration with the
Palm Desert Redevelopment Agency).
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
George Zakkour and Haitham Zakkour for Country Club Liquors,
74-495 Highway 111, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by
Jane Boonsuck Chun and Shuzo Nagai for Clubhouse Liquor and Deli,
73-510 Palm Desert Drive, Palm Desert.
Rec: Receive and file.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
G. CITY COMMITTEE AND COMMISSION MEETING MINUTES.
1. Art In Public Places Commission Meeting of February 16, 2005.
2. Historic Preservation Committee Meetings of January 31, and
February 28, 2005.
3. Investment & Finance Committee Meeting of February 23, 2005.
4. Marketing Committee Meeting of February 15, 2005.
5. Public Safety Commission Meeting of January 12, 2005.
6. Sister Cities Committee Meeting of February 17, 2005.
Rec: Receive and file.
H. RESOLUTION NO. 05-29 - A Resolution of the City Council of the City of
Palm Desert, Califomia, Setting Forth its Findings and Authorizing the
Destruction of Paper Files from the Department of Building & Safety that
Have Been Digitally Imaged (December 2004).
Rec: Waive further reading and adopt.
I. REQUEST FOR APPROVAL of Contract for Audit Services for the City of
Palm Desert, Palm Desert Redevelopment Agency, Desert Willow Golf
Resort, Palm Desert Recreation Facilities Corporation, and the Palm Desert
Housing Authority for the Fiscal Year Ending June 30, 2005 (Contract
No. C20183) (Joint Consideration with the Palm Desert
Redevelopment Agency).
Rec: By Minute Motion, approve the subject contract with Lance, Soli &
Lunghard, LLP, Brea, California, for audit services for the City of
Palm Desert, Palm Desert Redevelopment Agency, Desert Willow
Golf Resort, Palm Desert Recreation Facilities Corporation, and the
Palm Desert Housing Authority for the Fiscal Year Ending June 30,
2005.
J. REQUEST FOR AWARD OF CONTRACT for Recycling Consulting Services
for the City of Palm Desert (Contract No. C21740).
Rec: By Minute Motion: 1) Award the subject contract to Huls
Environmental Management, Inc., Covina, California, in the amount
of $20,600; 2) authorize the expenditure of $20,600 and appropriation
of funds from Account No. 236-4195-454-3090; 3) appropriate a
contingency for the project in the amount of $2,260; 4) authorize the
Mayor to sign said contract.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
K. REQUEST FOR AWARD OF CONTRACT for Citywide Palm Tree Pruning
Program (Contract No. C23540, Project No. 931-XX).
Rec: By Minute Motion: 1) Award the subject contract to Andy's Tree
Service and Gardening, Palm Desert, Califomia, in the amount of
$44,600; 2) authorize a 10% contingency for the project in the amount
of $4,460 — funds are available in various Public Works Maintenance
and Housing Authority 2005 Facility Budgets.
L. REQUEST FOR AUTHORIZATION to Enter Into Agreement with City of
Rancho Mirage for Slurry Seal and Striping on Monterey Avenue (Contract
No. C23660).
Rec: By Minute Motion, authorize the Mayor to execute the subject
agreement with the City of Rancho Mirage for slurry seal and striping
on Monterey Avenue from Gran Via to 100 feet south of Sagewood
Drive.
M. REQUEST FOR AUTHORIZATION to Purchase Compressed Natural Gas
(CNG) Vehicle Fuel.
Removed for separate consideration under Section VII, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
N. REQUEST FOR APPROVAL of Title and Escrow Services for 2005 Capital
Improvement Projects.
Rec: By Minute Motion, approve the use of Land America Southland Title,
Palm Desert, California, for title and escrow needs in conjunction with
Capital Improvement Projects for 2005.
O. REQUEST FOR RATIFICATION of City Manager's Authorization of Change
Order No. 1 to Contract No. R21620 — Design of Freedom Park.
Removed for separate consideration under Section VII, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
P. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22760 —
Construction of the Soundwall in Conjunction with the Fred Waring Drive
Widening Phase I Project (Parsam Construction Company, Glendale, 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.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
Q. CONSIDERATION of Action by the Legislative Review Committee —
AB 267 (Daucher) — Transportation.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of support for the Mayor's signature regarding
AB 267 (Daucher).
R. CONSIDERATION of Action by the Legislative Review Committee —
AB 850 (Canciamilla) — Toll Roads.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 850 (Canciamilla).
S. CONSIDERATION of Action by the Legislative Review Committee —
AB 921 (Daucher) — Redevelopment Agencies.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of support for the Mayor's signature with regard to
AB 921 (Daucher).
T CONSIDERATION of Action by the Legislative Review Committee —
AB 1013 (Garcia) — Locally Elected Officials.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 1013 (Garcia).
U. CONSIDERATION of Action by the Legislative Review Committee —
AB 1192 (Villines) — Public Works.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of support for the Mayor's signature with regard to
AB 1192 (Villines).
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
V. CONSIDERATION of Acton by the Legislative Review Committee —
AB 1234 (Salinas) — Local Agencies' Compensation and Ethics.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to AB 1234 (Salinas).
W. CONSIDERATION of Action by the Legislative Review Committee —
SB 321 (Morrow) — Development Fees.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to SB 321 (Morrow).
X. CONSIDERATION of Action by the Legislative Review Committee —
SB 326 (Dunn) — Housing.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to SB 326 (Dunn).
Y CONSIDERATION of Action by the Legislative Review Committee —
SB 565 (Migden) — Low-income Housing.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of support for the Mayor's signature with regard to
SB 565 (Migden).
Z. CONSIDERATION of Action by the Legislative Review Committee —
SB 575 (Torlakson, Ducheny, Dunn) — Local Planning.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to SB 575 (Torlakson, Ducheny, Dunn).
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
AA. CONSIDERATION of Action by the Legislative Review Committee —
SB 1060 (Campbell) — Exchanging Local Sales and Use Tax.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of March 22, 2005, and direct staff
to prepare a letter of opposition for the Mayor's signature with regard
to SB 1060 (Campbell).
BB. REQUEST FOR APPROVAL of 2005 "Summer of Fun" Schedule Addition.
Rec: By Minute Motion, approve Contract No. C23510J with CTC Music in
the amount of $1,600 and authorize the Mayor to execute the
corresponding Performing Arts Contract — funds are available in
Account No. 110-4416-414-3061 and no appropriation is needed or
requested.
CC. REQUEST FOR APPROVAL of Out -of -State Travel for the Food and Wine
Classic in Aspen Program.
Removed for separate consideration under Section VII, Consent Items Held
Over. Please see that portion of the Minutes for Council discussion and
action.
DD. REQUEST FOR APPROVAL of Out -of -State Travel for Meetings with the
Southern Nevada Water Authority.
Rec: By Minute Motion, authorize the subject out-of-state travel to
Las Vegas, Nevada, for the Landscape Manager and the
Development Services Senior Management Analyst to meet with
officials from the Southern Nevada Water Authority (SNWA) regarding
their water conservation and water efficient landscape conversion
rebate programs — funds are available in Account
Nos. 110-4260-422-3120 and 110-4300-413-3120.
EE. REQUEST FOR APPROVAL of Out -of -State Travel for Westem Chapter
International Society of Arboriculture 2005 Annual Conference.
Rec: By Minute Motion, approve the subject out-of-state travel to Phoenix,
Arizona, May 1-4, 2005, for the Landscape Manager — funds are
available in Account No. 110-4614-453-3125.
Councilman Kelly asked that Items M and 0 be removed for separate consideration
under Section VII, Consent Items Held Over. Mayor Pro Tem Ferguson also
removed Item CC for separate consideration.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
Upon motion by Spiegel, second by Ferguson, the remainder of the Consent
Calendar was approved as presented by a 5-0 vote of the Council.
VII. CONSENT ITEMS HELD OVER
M. REQUEST FOR AUTHORIZATION to Purchase Compressed Natural Gas
(CNG) Vehicle Fuel.
Councilman Kelly asked how much the City is paying per gallon of
compressed natural gas.
Maintenance Services Manager Tom Bassler responded that per the last
billing, the City was paying $1.25 per gallon when purchased at the Waste
Management facility.
Councilman Kelly moved to, by Minute Motion, authorize the purchase of
compressed natural gas (CNG) for fleet vehicles from Clean Energy, Seal Beach,
California — purchase will be ongoing annually until other sources become available —
funds are budgeted in Account No. 110-4331-413-2170. Motion was seconded by Spiegel
and carried by a 5-0 vote.
O. REQUEST FOR RATIFICATION of City Manager's Authorization of Change
Order No. 1 to Contract No. R21620 — Design of Freedom Park.
Councilman Kelly asked why a leach field was necessary when there were
storm drains in the area of the new Freedom Park.
Mr. Greenwood responded that while there were storm drains in the area of
the new development project west of Freedom Park, there were no storm
drains on Country Club Drive. With the recent rain, one of the only areas of
Palm Desert to experience standing water was the commercial center east
of Freedom Park at Harris Lane. The idea here was to capture the nuisance
water, which continually runs down Country Club, and put it in a sub -surface
leach field system under the Freedom Park Soccer Field and get it off the
street and prevent growth of wetlands further to the east. In addition, during
a storm event, the system would overflow if needed onto the soccer field,
similar to the way the Soccer Park is designed.
Councilman Kelly asked if a storm drain had been scheduled for the east end
of Country Club. Mr. Greenwood responded that it had not as yet been
scheduled, but staff was working on reevaluating the storm drain system in
the North Sphere and out toward Bermuda Dunes to determine the best
system. Councilman Kelly asked staff to, as part of the upcoming Budget
session, provide a report to the Council regarding the storm drain system,
including where there are no storm drains, where they are planned, etc.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
Councilman Kelly moved to, by Minute Motion, ratify the City Manager's approval
of Change Order No. 1 in the amount of $15,700 plus $500 for reimbursables to the
subject contract with David Evans and Associates, Inc., Ontario, California, for design of
a Leach Field at Freedom Park — funds are available in Drainage Account
No. 420-4291-433-4001. Motion was seconded by Spiegel and carried by a 5-0 vote.
CC. REQUEST FOR APPROVAL of Out -of -State Travel for the Food and Wine
Classic in Aspen Program.
Mayor Pro Tem Ferguson stated that his recollection was that several people
from the City were sent to Mammoth several years ago to research a similar
jazz festival program, and the consensus at that time was that it would be a
very large undertaking for the City and was probably not the best idea in the
world.
Mrs. Gilligan responded that the difference was that the jazz festival would
have been an undertaking by City staff. In this case, the Marriott approached
the City about a signature event that it would organize within the entire
Palm Desert community. Before the City agreed to participate, staff felt it
was important to investigate whether or not it would be a good venture for
the City as a signature sponsor.
Senior Management Analyst Pat Scully added that the staff report reflected
the need to look at such an event from the marketing, committee, public art,
and special event standpoint prior to the City making a commitment to the
Marriott.
Mayor Pro Tem Ferguson stated that he did not mention cost and felt due
diligence should be done if this was something the City thought was worth
pursuing.
Councilman Kelly said that last time, there was no organization that was
going to take the lead and make the event happen, and the fact that the
Marriott was involved made a big difference to him over the last time such an
event was considered.
Ms. Scully added that the jazz festival that was investigated at Mammoth
Lakes was a sole venture of the City of Palm Desert, while the partnership
with the Marriott would add a whole new perspective.
MS. TAMMY PEREZCHICA, Marriott's Desert Springs Resort & Spa, stated
the differentiating factor was that this is not a jazz festival. The food and
wine classic in Aspen, along with three others that Marriott would be
investigating, were among the caliber of food and wine classics in resort
communities that mimic Palm Desert. These types of events were hugely
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
successful and had been done for many years. She added that it was her
understanding from American Express and several major players that they
were looking for another resort community to launch. Her purpose in
attending the food and wine classic in Aspen was to investigate things such
as budgets. While the music and art would be another component of the
event, it was mostly a food and wine classic, a high -end culinary event.
Mayor Pro Tem Ferguson asked whether the Marriott would be the lead
agency responsible for doing the actual event if the Council decides it is a
good idea once staff returns from Aspen.
MS. PEREZCHICA responded that Marriott would be the lead and would
take the chair seat in the organization of the event. Marriott was looking to
have the housing and high -end culinary because it has the ties to the food
and wine industry. She felt the City's Art In Public Places Commission and
art reputation would be important and that the entire restaurant community
in the City needed to have a focus. The City's part would be to help in the
marketing effort.
Mayor Pro Tem Ferguson moved to, by Minute Motion, approve the subject out-of-
state travel for Palm Desert's Marketing Manager, Public Art Coordinator, Senior
Management Analyst/Community Services, and a Member of the Marketing Committee to
attend the 2005 Food and Wine Classic in Aspen, Colorado, June 10-12, 2005 — funds are
available in the FY 2004/05 Budget in Account Nos. 110-4110-410-3121,
110-4417-414-3120, 110-4416-414-3061, and 436-4650-454-3120 to cover registration,
airfare, accommodations, and other incidental expenses associated with attendance at this
event, and no appropriation is needed or requested. Motion was seconded by Benson and
carried by a 5-0 vote.
Note: Mayor Crites suspended the remainder of the Agenda at this point in order for
the Council to consider Public Hearing Item B. Please see that portion of the
Minutes for Council discussion and action.
VIII. RESOLUTIONS
A. RESOLUTION NO. 05-30 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING AN
EXTENSION OF THE MAXIMUM HOURS (960) OF EMPLOYMENT AFTER
RETIREMENT FOR THE INTERIM DIRECTOR OF HUMAN RESOURCES
PURSUANT TO GOVERNMENT CODE SECTION 21221(h).
Councilman Kelly asked what was being done relative to hiring a permanent
Director of Human Resources.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
Mrs. Gilligan responded that a proposal would be coming before Council as
part of the overall Human Resources White Papers during budget review in
June. Staff was recommending that an individual already on staff in the
Human Resources Department be promoted to Manager. In the meantime,
the Interim Director was working on various and sundry major projects to
bring the City into compliance with human resources requirements. If PERS
approved the requested extension, it would be of extreme benefit to the City
of Palm Desert.
Councilman Kelly said it was his understanding that if the City were to find
a permanent Human Resources Director, it would not need to use the entire
additional hours being requested in the extension, and Mrs. Gilligan agreed.
Mayor Pro Tem Ferguson moved to waive further reading and adopt Resolution
No. 05-30. Motion was seconded by Spiegel and carried by a 5-0 vote.
IX. ORDINANCES
For Introduction:
A. ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT
MUNICIPAL CODE TITLE 8, CHAPTERS 8.16 AND 8.17, AUTHORIZING
THE MANDATORY AUTOMATED COLLECTION OF SOLID WASTE,
RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL UNITS.
Mrs. Gilligan stated that a letter had been received from Waste Management
documenting issues of concerns. She asked that Council consider
continuing this matter for 30 days to allow staff to meet with Waste
Management to discuss these concerns.
Mayor Pro Tem Ferguson asked whether there was any kind of materials
recovery facility out of the transfer station at Edom Hill.
MR. FRANK ORLETT, District Manager for Waste Management of the
Desert, responded that while there was not a true MRF (Materials Recovery
Facility) at Edom Hill, they were recycling green waste and metal and had
some buy-back items there as well. Upon further question, he responded
that waste paper currently goes to the landfill.
Councilmember Spiegel noted the staff report indicated the City's diversion
rate for 2003 was 61%, and he asked how that ranked in the Coachella
Valley. Mr. Orlett responded that while he was not sure of the exact ranking,
he felt it was one of the highest in the State. He added that only about 47%
of the communities in the State had reached 50% diversion at this point.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
Councilmember Benson moved to continue this matter to the meeting of
May 12, 2005. Motion was seconded by Ferguson and carried by a 5-0 vote.
B. ORDINANCE NO. 1095 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.38
OF THE PALM DESERT MUNICIPAL CODE BY ADDING SECTION
2.38.030 RELATIVE TO MUNICIPAL ELECTIONS/SELECTION OF CITY
OFFICERS.
Mayor Pro Tem Ferguson moved to waive further reading and pass Ordinance
No. 1095 to second reading. Motion was seconded by Spiegel and carried by a 5-0 vote.
For Adoption:
A. ORDINANCE NO. 1069 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN
AMENDMENT TO DEVELOPMENT AGREEMENT 97-2, EXPANDING
PERMITTED USES TO INCLUDE PLANNED INDUSTRIAL USES IN
PLANNING AREA #1 OF THE WONDER PALMS MASTER PLAN Case
No. DA 97-2 Addendum #2 (Holt Architects, Applicant).
Mayor Pro Tem Ferguson moved to waive further reading and adopt Ordinance
No. 1069. Motion was seconded by Kelly and carried by a 5-0 vote.
X. NEW BUSINESS
A. CONSIDERATION OF CALTRANS' REQUEST FOR CLOSURE OF
THRUSH ROAD AT HIGHWAY 74.
Councilman Spiegel said he did not see the need for such closure.
Mayor Pro Tem Ferguson agreed and said he felt doing so would cut off
access for a lot of people in that area. He added that he did not know how
it could be related to the Shadow Mountain signal.
Mayor Pro Tem Ferguson moved to, by Minute Motion, direct staff to decline
Caltrans' request for closure of Thrush Road. Motion was seconded by Spiegel and
carried by a 5-0 vote.
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B. REQUEST FOR APPROPRIATION OF FUNDS AND AUTHORIZATION OF
PAYMENT TO RIVERSIDE COUNTY FOR A 50% SHARE OF SURPLUS
PROCEEDS FROM THE SALE OF JOINTLY -OWNED PROPERTY
LOCATED NEAR MIRIAM WAY (APN 618-490-025).
Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Appropriate $187,000
from the Capital Project Reserve (Account No. 400-4950-419-4010); 2) authorize payment
in an amount up to $186,089.93 to Riverside County as a 50% share of surplus proceeds
from the sale of property commonly known as APN 618-490-025, which was jointly owned
by the City and County. Motion was seconded by Kelly and carried by a 5-0 vote.
C. REQUEST FOR AUTHORIZATION TO SUBMIT THE HOUSEHOLD
HAZARDOUS WASTE GRANT APPLICATION TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD.
Mr. Ortega noted the staff report and recommendation in the packets.
Councilman Spiegel moved to: 1) By Minute Motion, authorize submittal of the
Household Hazardous Waste Grant Application for FY 2005/06; 2) waive further reading
and adopt Resolution No. 05-31, authorizing Used Oil and Household Hazardous Waste
Grant Applications to the California Integrated Waste Management Board; 3) by Minute
Motion, appropriate $568,220 from Account No. 236-4195-454-3090. Motion was
seconded by Ferguson and carried by a 5-0 vote.
D. REQUEST FOR RATIFICATION OF DESIGN AGREEMENT FOR THE
AESTHETIC TREATMENT OF THE FRED WARING DRIVE SOUNDWALL
AND APPROVAL FOR CONCEPTUAL DESIGN (CONTRACT NO. C23670,
PROJECT NO. 654-01).
Director of Public Works Michael Errante showed samples of the treatment
that would be placed on the wall.
Councilman Kelly noted that Committee overwhelmingly voted in favor of this
conceptual design.
Councilman Spiegel moved to, by Minute Motion: 1) Ratify the subject design
agreement with David Volz Design, La Quinta, Califomia, in the amount of $10,000;
2) authorize a 10% contingency for the services; 3) approve the conceptual design for the
soundwall. Motion was seconded by Benson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
XI. CONTINUED BUSINESS
A. REQUEST FOR APPROVAL OF A WORKERS' COMPENSATION
SETTLEMENT POLICY AND WORKERS' COMPENSATION CASE
SETTLEMENT COMMITTEE (Continued from the meeting of March 24,
2005).
Mr. Ortega noted this matter was continued from the last meeting. Staff had
resubmitted the report and recommended approval of this procedure.
Councilman Kelly moved to, by Minute Motion: 1) Approve the Workers'
Compensation Settlement Policy; 2) direct the City Manager to implement same. Motion
was seconded by Benson and carried by a 5-0 vote.
XII. OLD BUSINESS
A. REQUEST FOR APPROVAL OF PARCEL MAP NO. 31563 (Holt Architects
and Coachella Valley Engineers, Applicants).
Mayor Pro Tem Ferguson stated that while it would not affect his vote, he felt
it would be helpful for the Council to be able to see the parcel maps as they
are presented to Council for approval.
Councilman Spiegel expressed concem that that entire area not be made
commercial, as he felt affordable housing would be needed for students at
UCR and Cal State.
Mayor Crites agreed and said he would rather see housing than commercial.
Councilman Kelly also agreed and said he would like to see the housing
further away from the tracks.
Councilman Kelly moved to waive further reading and adopt Resolution No. 05-15,
approving the Subdivision Map of Parcel Map 31563 and the agreement relating thereto.
Motion was seconded by Benson and carried by a 5-0 vote.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
INSTALLATION SERVICES FOR THE MAGNESIA FALLS DRIVE STREET
IMPROVEMENTS PROJECT (CONTRACT NO. C21040A).
Councilman Kelly moved to, by Minute Motion: 1) Award the subject contract to
Steven Burt and Associates, Bermuda Dunes, California, in the amount of $396,451.83;
2) authorize a 10% contingency for the project in the amount of $39,654.18; 3) authorize
the Mayor to execute said contract. Motion was seconded by Spiegel and carried by a 5-0
vote.
XIII. PUBLIC HEARINGS
A. REQUEST FOR APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR THE PORTOLA BRIDGE OVER THE
WHITEWATER CHANNEL PROJECT (NO. 647-04).
Mayor Crites declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this request.
Councilman Spiegel moved to, by Minute Motion, continue the public hearing to the
meeting of April 28, 2005. Motion was seconded by Benson and carried by a 5-0 vote.
B. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING
COMMISSION, APPROVING A REQUEST BY DESTINATION
DEVELOPMENT CORP. FOR APPROVAL OF AMENDMENT NO. 2 TO
TENTATIVE TRACT MAP 30438 (STONE EAGLE) TO ADJUST THE
APPROVED PAD ELEVATIONS ON CERTAIN LOTS SHOWN ON THE
TENTATIVE TRACT MAP, INCLUDING, BUT NOT LIMITED TO, CERTAIN
RESIDENTIAL LOTS AND THE GOLF MAINTENANCE FACILITY
(APNs 652-020-001 through -004, 652-070-002 through -004, and -006
through -010) Case No. TT 30438 Amendment No. 2 (Destination
Development Corporation, Applicant) (Antoinette Carver, Appellant).
Mayor Crites noted that a letter was received today from the appellant
withdrawing the appeal.
Mayor Crites declared the public hearing open and invited testimony in FAVOR of
or in OPPOSITION to this matter.
MR. PAUL CROWLEY, resident of San Marino, California, and owner of
property in Palm Desert adjacent to the property being discussed said while
he did not feel he knew enough details to comment on this appeal, he
wanted to be on record as saying to the developer that regardless of what he
does, everything is partly curable by landscaping. If these buildings are built,
almost anything the developer does can be mitigated by landscaping along
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
the border. If the developer understands that, he felt a resolution could be
reached.
With no further testimony received, Mayor Crites declared the public hearing closed.
Councilman Spiegel moved to, by Minute Motion, receive the Appellant's letter of
withdrawal. Motion was seconded by Kelly and carried by a 5-0 vote.
C. CONSIDERATION OF THE APPROVAL OF A ZONING ORDINANCE
AMENDMENT AS IT RELATES TO WALL HEIGHTS, MATERIALS,
COLORS, AND LOCATIONS IN THE R-1, R-2, R-3, AND PR ZONED
DISTRICTS Case No. ZOA 04-04 (City of Palm Desert, Applicant).
Planning Manager Steve Smith reviewed the staff report and revisions to the
proposed ordinance. He noted that per Council direction, staff had:
— deleted the provisions relating to wooden fencing in the front yards
— removed the wording allowing redwood, cedar, or other approved
decay -resistant wood product in rear yards where they are visible
from the street
— added language on page 5 of the ordinance that would allow the
ability to waive the City's Architectural Review process if the property
is in a homeowners association with a bona fide architectural review
process.
Councilman Kelly expressed concem with properties within homeowners
associations that are visible from the street, and Mr. Smith responded that
that would be part of the consideration in the waiver process.
Mayor Pro Tem Ferguson asked if, under this new ordinance, he would be
allowed to put in a split rail fence in his front yard for decorative purposes.
Mr. Smith responded that it would have to go through the exceptions
process, which would go through Architectural Review Commission, with
notice to the neighbors.
Mayor Pro Tem Ferguson noted that it had often been said that the City of
Palm Desert does not allow chain link fencing. He asked whether that was
subject to the exceptions process as well as other types of fencing, and
Mr. Smith said it.was.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
Mayor Crites 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 waive further reading and pass Ordinance No. 1091A
to second reading, amending Palm Desert Municipal Code Section 25.56.195 as presented
by staff. Motion was seconded by Spiegel and carried by a 5-0 vote.
D. REQUEST FOR APPROVAL OF THE REPROGRAMMING OF
COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FROM FOOD IN
NEED OF DISTRIBUTION.
Mayor Crites 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.
Councilmember Benson questioned the Navajo Trails Project as listed in the
staff report.
Senior Management Analyst Frankie Riddle responded that it was a
homeless transitional housing facility.
Mayor Pro Tem Ferguson moved to, by Minute Motion, approve reprogramming of
CDBG funds in the amount of $188,435, which were previously awarded to Food In Need
of Distribution (FIND), to the following organizations: 1) Joslyn Cove Senior Center -
$80,000; 2) Catalina Garden Senior Community Room (RDA) - $8,435; 3) Episcopal
Community Services (ECS) (Navajo Trails Project - Emergency Shelter) - $75,000;
4) ABC Center - $25,000. Motion was seconded by Spiegel and carried by a 5-0 vote.
XIV. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
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D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Reauests for Action:
1. Consideration of a Process for Responding to Letters
Addressed to the City Council (Councilman Richard S. Kelly).
With City Council concurrence, it was noted that this matter had been taken care
of since the last meeting.
Upon motion by Spiegel, second by Kelly, the following item was added to the City
Council Agenda by a 5-0 vote:
2. Consideration of Support for AB 888, AB 1222, and SB 459
Regarding Locomotive and Rail Year Emissions Reductions
(Mayor Buford A. Crites).
Mayor Crites stated this had been considered by CVAG's
Energy & Environmental Resources Committee. He said the
most important issue was the comment in the report that the
Nitrous Oxide (NOX) emitted from railroad operations in the
Los Angeles Basin exceeded the emissions from 100 of the
largest oil refineries, power plants, chemical plants, and other
industrial facilities combined. He said these bills would at least
begin the process of trying to get railroads to voluntarily
upgrade equipment, replace equipment, and lower their NOX
emissions. At the request of Supervisor Roy Wilson, the
Committee unanimously adopted a resolution and authorized
the Chairman to send a letter to the South Coast Air Quality
Management District supporting these three bills. The
Committee asked members to take this matter back to their
respective cities and request their support as well.
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REGULAR PALM DESERT CITY COUNCIL MEETING APRIL 14, 2005
Mayor Pro Tem Ferguson moved to, by Minute Motion, support the subject
proposed legislation and authorize the Mayor to submit the appropriate letters conveying
same. Motion was seconded by Benson and carried by a 5-0 vote.
3. Landscaping, Along Magnesia Falls Drive
(Councilmember Jean M. Benson).
Councilmember Benson requested that along with the
landscaping to be installed along Magnesia Falls Drive, that
the Mobile Home Parks that border this route be pressed to
tidy up their access points there.
4. North Sphere Development(CouncilmemberJean M. Benson).
Councilmember Benson was concerned that as new
development is being proposed in the City's North Sphere, it
appeared that it was all going to be two-story structures. She
was getting tired of having developers call and say they've
already spent $200,000 designing a building, but it's too high,
and this trend could have a deleterious effect on Palm Desert's
character. She believed there needed to be some specific
guidelines established for this area so that it would not
continue to be an issue.
Mayor Crites asked that staff return to the City Council's next meeting regarding
height exceptions in the North Sphere. Councilmembers concurred.
o City Council Committee Reports:
1. Annual Committee/Commission Recognition — Mayor Crites
reported that he and Councilmember Benson had met with
staff regarding the annual appreciation event for all of the
City's Committee and Commission members. He said a
recommendation will be forthcoming that the event be moved
to the first Sunday in October for a brunch at Desert Willow.
He added it was hoped this would help alleviate the holiday
scheduling crunch that's been experienced with having the
annual recognition mid -December.
o City Council Comments:
1. Mayor Crites expressed appreciation to Councilmember
Benson for her service as the City's representative to the
Convention & Visitors Authority. He thanked her for her
forthrightness in declining to discuss matters that had been
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considered during Closed Session deliberation of that body
and adhering to the Brown Act.
XV. ORAL COMMUNICATIONS - C
MR. GORDON SOLOMONSON, Palm Desert, delivered a letter to the City Council,
asking questions about Desert Willow Golf Resort. First, he had planned to take
his wife and a guest to breakfast at Desert Willow one morning but was turned away
due to its hosting of a large event. He wondered what the policy and/or authority
was for closing the dining room to the Palm Desert public, noting that the City's
BrightSide newsletter indicates the daily dining room hours, but it does not imply
that you should call ahead to see whether or not it's open. Secondly, he then also
wondered about the financial reports for Desert Willow; the latest year posted on the
Internet was 2003, which showed it operated at a loss, and he was concerned about
finding out whether that was still the case.
Councilmembers agreed with Mr. Solomonson's point about the dining room service
and assured him that it would be investigated. They also referred him to speak with
Finance Director Paul Gibson regarding the most current financials, pointing out that
Desert Willow was not operating at a Toss.
XVI. ADJOURNMENT
With City Council concurrence, Mayor Crites adjourned the meeting at 5:22 p.m.
ATTEST:
R • HELLE D. K SSET, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
BUFORDSr; MAYOR
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