HomeMy WebLinkAbout2005-08-25YYA
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, AUGUST 25, 2005
CIVIC CENTER COUNCIL CHAMBER
I. CALL TO ORDER - 3:00 P.M.
Mayor Crites convened the meeting at 3:01 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
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
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. Sheriff's Dept.
III. ADJOURN TO CLOSED SESSION
Reauest for Closed Session:
Conference with Real Property Negotiator pursuant to Government Code
Section 54956.8:
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
1) Property: Lease Property - Parkview Professional Office Complex -
73710 Fred Waring Drive, Suite No. 203, Palm Desert
Negotiating Parties:
Agency: Carlos L. Ortega/Paul S. Gibson/City of Palm Desert
Property Owner: City of Palm Desert
Other Parties: Adopt -A -Class
Under Negotiation: x Price x Terms of Payment
Conference with Legal Counsel regarding existing litigation pursuant to
Government Code Section 54956.9(a):
a) Artistic Entertainment Services, LLC, v. Coachella Valley Arts Alliance,
et al., Los Angeles County Superior Court Case No. GC 035698
Conference with Legal Counsel regarding significant exposure to litigation
pursuant to Government Code Section 54956.9(b):
Number of potential cases: 3
Conference with Legal Counsel regarding significant potential to initiate litigation
pursuant to Government Code Section 54956.9(c):
Number of potential cases: 2 + 1
Upon a motion by Spiegel, second by Kelly, and 5-0 vote of the City Council, an
additional case of significant potential to initiate litigation was added to this agenda.
With City Council concurrence, Mayor Crites adjourned the meeting to Closed
Session at 3:02 p.m. He reconvened the meeting at 4:01 p.m.
IV. RECONVENE REGULAR MEETING - 4:00 P.M.
A. REPORT ON ACTION FROM CLOSED SESSION.
None
V. AWARDS, PRESENTATIONS, AND APPOINTMENTS
A. APPOINTMENTS TO THE YOUTH COMMITTEE.
Councilmember Benson moved to, by Minute Motion, appoint Samantha Cortese
and Christina Sun to the Palm Desert Youth Committee to fill two of the current member
vacancies there. Motion was seconded by Councilman Spiegel and carried by a 5-0 vote.
2
,14 AMII•is
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
VI. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of July 14, 2005, the
Adjourned Regular Joint Meeting of the City Council and Redevelopment
Agency of July 20, 2005; the Regular City Council Meetings of July 28, 2005,
and August 11, 2005.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant
Nos. 266, 269, 271, 274, 275, 276, 280, 281, 284, 1, 3, 4, 7, 10, 11, 12, 15,
18, 19, 20, 22, 25, 26, 27, 31, 35, 36, and 38.
Rec: Approve as presented.
C. CLAIM AGAINST THE CITY (#5541 by Southern California Edison in the
Estimated Amount of $20,000.
Rec: By Minute Motion, reject the Claim, which has been tendered to
Granite Construction Company and Stone Eagle, and direct the City
Clerk to so notify the Claimant.
D. CITY'S AND REDEVELOPMENT AGENCY'S COMPLIANCE ANALYSIS and
Investment Reports for the Month of June 2005 (Joint Consideration with
the Palm Desert Redevelopment Agency).
Rec: Receive and file.
E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Back Street
Bistro, Inc., 72-820 El Paseo, Palm Desert.
Rec: Receive and file.
F. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Dan's Wine
Shop, Inc., 73-360 Highway 111, Suite 1, Palm Desert.
Rec: Receive and file.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
G. CITY COMMITTEE AND COMMISSION MINUTES.
1. Art In Public Places Commission Meeting of June 15, 2005.
2. Historic Preservation Committee Meeting of June 27, 2005.
3. Investment & Finance Committee Meeting of June 22, 2005.
4. Sister Cities Committee Meeting of June 16, 2005.
5. Youth Committee Meeting of June 7, 2005.
Rec: Receive and file.
H. REQUEST FOR DECLARATION of Surplus Property and Disposal
Authorization — Computers and Related Accessories, Miscellaneous
Electronics.
Rec: By Minute Motion, declare items listed on the accompanying Staff
Report (Exhibit "A") as surplus property and authorize their disposal
as deemed appropriate and specified on the Staff Report.
I. REQUEST FOR APPROVAL of the Use of Temporary Agencies for
Temporary Staffing on an As -Needed Basis for Fiscal Year 2005/06.
Rec: By Minute Motion, approve the following agencies for temporary
staffing services to the City of Palm Desert, as needed: 1) Power
Personnel, Palm Desert, CA; 2) Office Team, Indian Wells, CA;
3) Manpower, Palm Desert, CA; 4) Spherion, Palm Desert, CA.
J. REQUEST FOR APPROVAL of Employment -related Health Services for
Fiscal Year 2005/06.
Rec: By Minute Motion, approve the use of Eisenhower Occupational
Health Services to provide employment -related health services to the
City of Palm Desert.
K. REQUEST FOR APPROVAL of the Purchase of Gasoline and Diesel Fuels
for Fiscal Year 2005/06.
Rec: By Minute Motion, award the purchase of gasoline and diesel fuels for
the City fleet to Lee Escher Oil Co., Inc., Coachella, California, in
FY 2005/06.
4
• ,00..k..
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
L. REQUEST FOR APPROVAL of Use of Vendors for Pest Control and Golf
Cart Maintenance Services to the City of Palm Desert in Fiscal Year
2005/06.
Rec: By Minute Motion, approve Truly Nolen Pest Control, Palm Desert,
California, and Martin Mobile Golf Cars, Palm Desert, California, to
provide services to the City of Palm Desert in FY 2005/06.
M. REQUEST FOR APPROVAL of the Use of Original Equipment Manufacturer
(OEM) Vendors for Specialized Street Maintenance Equipment.
Rec: By Minute Motion, approve the use of the following OEM vendors:
Ditch Witch of Southern California and Crafco, Inc.
N. REQUEST FOR APPROVAL of Street Sweeping Services for State
Highways in Palm Desert.
Rec: By Minute Motion, approve the subject street sweeping services by
CleanStreet, Gardena, California, at a reimbursement rate of $21.75
per curb mile.
O. REQUEST FOR AUTHORIZATION to Advertise a Request For Proposals
(RFP) for Design Services for the Westfield Shoppingtown Bus Bay Project
(Contract No. C24140).
Rec: By Minute Motion, authorize staff to advertise the subject RFP.
P. REQUEST FOR RATIFICATION of Purchase Order for New Appliances for
Fire Station No. 71.
Rec: By Minute Motion, ratify City Purchase Order No. 012394 with
Pacific Sales, Torrance, California, in the amount of $3,176.47 for
new appliances at Fire Station No. 71 and allocate funds from
Account No. 231-4220-422-4001 for these items.
Q. REQUEST FOR RATIFICATION of Change Order No. 1 to Contract
No. C20580D1 — Mesa View Fire Station (No. 67) Renovation Project.
Rec: By Minute Motion, ratify Change Order No. 1 in the amount of
$3,410.81 to the subject contract with Commercial Diversified, Inc.,
Twentynine Palms, California, for additional work associated with the
project and authorize the Mayor to execute same.
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
R. REQUEST FOR APPROVAL of Change Order No. 1 to Contract
No. C23060C — Supplemental Engineering Staff.
Rec: By Minute Motion, approve Change Order No. 1 in the amount of
$9,600 to the subject contract with N A I Consulting, Inc.,
Cathedral City, California, for supplemental engineering staff and
authorize the Mayor to execute same —funds are available in Account
No. 110-4300-413-3010.
S. REQUEST FOR APPROVAL of Contract Amendment No. 2 to Contract
No. C21590 — Engineering Services for the Dinah Shore Drive and Portola
Avenue Extension (Project No. 617-02).
This item was removed for separate discussion under Item VII - Consent
Items Held Over. Please see that portion of the Minutes for discussion and
action.
T REQUEST FOR APPROVAL of Contract Amendment No. 2 to Contract
No. C22300 — Design of Portola Avenue/Country Club Drive/Cook Street
Storm Drain (Project No. 601-05).
Rec: By Minute Motion, approve Contract Amendment No. 2 in the amount
of $17,500 to the subject contract with Harris & Associates, Irvine,
California, to expand the scope of work to include a Striping Plan for
the Cook Street Widening and authorize the Mayor to execute same —
funds are available in Account No. 213-4385-433-4001.
U. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C22920A —
Street, Median, and Traffic Signal Improvements on Country Club Drive from
Tamarisk Row to Park Center Drive (Project No. 713-04)
(Granite Construction Company, Indio, CA).
Rec: By Minute Motion, accept the work as complete and authorize the
City Clerk to file a Notice of Completion for the subject project.
V. REQUEST FOR RATIFICATION of Emergency Storm Drain Repair at
74-240 Goleta Avenue.
Rec: By Minute Motion: 1) Ratify the City Manager's authorization for the
subject work in an amount not to exceed $25,000 related to the
removal of concrete debris and repair of the storm drain near
74-240 Goleta Avenue; 2) appropriate said funds to Account
No. 232-4399-433-4001.
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
W. REQUEST FOR APPROVAL of the Subdivision Map of Parcel Map
No. 32867 (PRES Monterey I, LLC, Applicant).
Rec: Waive further reading and adopt Resolution No. 05-66, approving the
Subdivision Map of Parcel Map 32867.
X. REQUEST FOR APPROVAL of Contract for City Hall Office Supplies
(Contract No. C24260).
Rec: By Minute Motion, approve the subject contract with Office Max for a
one-year period with two possible one-year extensions.
Y. REQUEST FOR APPROVAL of a Variance to Article 4.8.2 (C) of the Solid
Waste Franchise Agreement, Requiring the Use of Alternative Fuel Vehicles
for Collection Services (Contract No. C17230).
Rec: By Minute Motion, approve a temporary six-month variance to Article
4.8.2 (C) of the subject agreement with Waste Management of the
Desert.
Z. REQUEST FOR APPROVAL of a Memorandum of Understanding (MOU)
with the Bureau of Land Management for Ranger Services and Portion of
Administrative Costs for the Santa Rosa Mountains Visitor Information
Center (Contract No. C24150).
Rec: By Minute Motion: 1) Authorize the Mayor to execute the subject MOU
with the Bureau of Land Management (BLM) for a one-year period
retroactive to January 1, 2005, and ending December 31, 2005;
2) authorize payment to the BLM for that same time period in the
amount of $7,000.
AA. REQUEST FOR APPROVAL of an "Authorization and Request for Shopper
Hopper Service" with the Marriott Resorts Hospitality Corporation on Behalf
of Shadow Ridge Associations (Contract No. C24160).
This item was removed for separate discussion under Item VII - Consent
Items Held Over. Please see that portion of the Minutes for discussion and
action.
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
BB. CONSIDERATION of Action by the Legislative Review Committee —
S1349 (Rockefeller) and HR 3146 (Blackburn) — Franchise Fees.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of July 26, 2005, and direct staff to
prepare a letter of opposition for the Mayor's signature with regard to
S1349 and HR 3146.
CC. CONSIDERATION of Action by the Legislative Review Committee —
AB 462 (Tran) — Disability Access.
Rec: By Minute Motion, concur with the action taken by the Legislative
Review Committee at its meeting of July 26, 2005, and direct staff to
prepare a letter of support for the Mayor's signature with regard to
AB 462.
DD. REQUEST FOR APPROVAL of Out -of -State Travel for the Public Agency
Risk Managers' Association (PRIMA) Associate in Risk Management (ARM)
56 Tutorial and Exam in Las Vegas, Nevada.
Rec: By Minute Motion, approve the subject travel request for the Risk
Manager's participation in the PRIMA ARM 56 Tutorial and Exam,
October 17-21, 2005 — funds are available in Account
No. 110-4260-422-3120.
EE. REQUEST FOR APPROVAL of Out -of -State Travel for the 82' Annual
National League of Cities Congress of Cities and Exposition in Charlotte,
North Carolina.
Rec: By Minute Motion, approve the subject travel request for
Palm Desert's Senior Management Analyst/Community Services and
a member of the Palm Desert Youth Committee, December 6-10,
2005 — funds are available in Account No. 110-4210-422-3061.
FF. REQUEST FOR WAIVER of Fees Associated with The Historical Society of
Palm Desert's 6th Annual Ed Mullins Picnic In The Park.
Rec: By Minute Motion, waive fees associated with the subject event,
scheduled to be held March 26, 2006, at Pavilion #1 at the
Palm Desert Civic Center Park.
8
i
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
GG. INFORMATIONAL ITEMS:
1. Report on Increased Patrol in Civic Center Park
2. Update on Shopping Cart Retrieval
Councilman Spiegel requested that Consent Calendar Items S and AA be
held over for separate discussion.
Upon a motion by Mayor Pro Tem Ferguson, second by Councilman Spiegel, and
5-0 vote of the City Council, the remainder of the Consent Calendar was approved as
presented.
VII. CONSENT ITEMS HELD OVER
S. REQUEST FOR APPROVAL of Contract Amendment No. 2 to Contract
No. C21590 — Engineering Services for the Dinah Shore Drive and Portola
Avenue Extension (Project No. 617-02).
Councilman Spiegel asked when the extension of Dinah Shore Drive and
Portola Avenue would be completed.
Mr. Greenwood responded that completion of the design was anticipated by
Thanksgiving, and improvements will be built along with the Assessment
District that will be building the other improvements in the area. In further
response, he said it was not likely that the improvements would be complete
by the time WalMart opened unless its progress was significantly delayed.
He said staff was doing its best to expedite the roadway project; the biggest
issue currently was utility relocation, which was out of the City's control.
Councilman Spiegel requested staff do whatever it could to speed up the
process, as the subject street extension would be the best route for
Palm Desert residents to get to WalMart.
In response to further comment and inquiry about WalMart, Mr. Drell agreed
there hadn't been much building activity as of late, but he hadn't heard that
it's being delayed.
Councilman Spiegel moved to, by Minute Motion, approve Contract Amendment
No. 2 in the amount of $30,920 to the subject contract with Dudek & Associates, Inc.,
Palm Desert, California, and authorize the Mayor to execute same — funds are available
in Account No. 213-4365-433-4001. Motion was seconded by Benson and carried by a 4-0
vote, with Mayor Pro Tem Ferguson ABSENT.
9
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
AA. REQUEST FOR APPROVAL of an "Authorization and Request for Shopper
Hopper Service" with the Marriott Resorts Hospitality Corporation on Behalf
of Shadow Ridge Associations (Contract No. C24160).
Responding to Councilman Spiegel's question whether there were enough
Shopper Hoppers to provide such service, Economic Development Manager
Ruth Ann Moore answered that there were at this time. She said this request
would be part of the Red Route, and CNG (Compressed Natural Gas) tanks
on the units were currently being retrofitted to extend their route and still be
able to accommodate about five loops per day. Presently, she said staff does
not feel that another unit is needed; however, as the City continues to build
out some of the various shopping areas and the University Park/North
Sphere area, staff would like to take another look at additional service.
Councilman Kelly felt that this was all rather subjective, pointing out that the
service does not include the same area it used to, and he strongly believed
that another Shopper Hopper was needed.
In further response to question, Ms. Moore said the loops are approximately
an hour in length. For example, she said if someone was at either the
Marriott Timeshares or Desert Springs, the first stop is Westfield, and the
Shopper Hopper would return in about an hour. Shoppers would probably
need at least an hour to make their purchases and then catch the return ride
that goes back toward the hotels.
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to sign the
subject "Authorization and Request for Shopper Hopper Service" agreement with the
Marriott Resorts Hospitality Corporation (MRHC) on behalf of Shadow Ridge Resort
Associations. Motion was seconded by Benson and carried by a 5-0 vote.
VIII. RESOLUTIONS
A. RESOLUTION NO. 05-67 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL
YEAR 2004/05 BUDGET AS A RESULT OF YEAR-END ADJUSTMENTS.
Councilman Spiegel congratulated staff for its good work and moved to waive further
reading and adopt Resolution No. 05-67. Motion was seconded by Crites and carried by
a 5-0 vote.
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
B. RESOLUTION NO. 05-68 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING A LOAN
FROM THE GENERAL FUND TO THE NEW CONSTRUCTION TAX FUND
FOR THE CONSTRUCTION OF THE CITY CORPORATION YARD.
Councilman Kelly moved to waive further reading and adopt Resolution No. 05-68.
Motion was seconded by Spiegel and carried by 5-0 vote.
C. RESOLUTION NO. 05-69 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A POLICY FOR
THE FORMATION OF MELLO-ROOS COMMUNITY FACILITIES
DISTRICTS WITHIN THE CITY OF PALM DESERT.
In answer to question, Mr. Yrigoyen said the resolution was general purpose
to establish a policy for forming Community Facilities Districts (CFDs)
throughout the City; when a particular CFD was requested, staff would come
forward with the specific improvements. Government Code requires the City
to adopt a policy and procedures in order to form CFDs.
Councilman Spiegel remarked that the City had problems the last time it
participated in a Mello -Roos for a development on Country Club Drive. He
said residents complained that they didn't know they were part of a CFD and
that money was added to their tax roll.
Mr. Yrigoyen said this item would outline specific procedures for informing
residents, requiring any developer who asks to form a CFD to notify
prospective buyers at the time they put down a deposit that they will be in a
Mello -Roos District. Upon further question, he affirmed that it is the
developer who decides whether or not to use Mello -Roos financing, not the
City; the subject policy must first be in place and includes ample notice
provisions. He went on to say that the public was also now more aware and
there was more of an education process about Mello -Roos, adding that many
developers advertised when they didn't have one on their project. Without
adoption of the subject policy, the City couldn't form any Mello -Roos CFDs.
Councilman Spiegel questioned the need for Mello -Roos, likening them to
experience the City had with Landscaping & Lighting Assessment Districts
versus residents forming homeowners associations for taking care of these
matters in their developments.
Mr. Yrigoyen stated that it was staffs intention to come back to the next City
Council Meeting with a Resolution of Intention for a project where the
developer has requested a CFD. At that time, staff would outline the specific
project; without the policy in place, it would be impossible to act on a
Resolution of Intention.
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
Mr. Ortega pointed out that the policy could be adopted, however, and the
City could choose not to do any CFDs.
Mayor Pro Tem Ferguson agreed that CFDs functioned more like a
homeowners' association. But he said in terms of the City getting stuck with
forming assessment districts, the developer was forming his own CFD — the
landscaping gets taken care of, and the City never gets involved. He knew
Indian Ridge had a bad experience, but he felt that was due to disclosure
issues. He believed what was being requested in this resolution addresses
that problem.
Councilman Kelly commented that in his experience with Mello -Roos, he
thought people overlooked that information in the printed materials, and it
caused them to make purchases that were beyond their ability to pay. He
said when he saw signs that said "No Mello -Roos on this project," it told him
that was a good thing. He was fundamentally opposed to Mello -Roos; it was
just a means of hiding future costs from the purchaser.
Responding to question about what a developer could do if a Mello -Roos
District was not an option, Mr. Yrigoyen said they would probably look at
forming a simple assessment district, under the 1913 Act and 1915 Bond.
However, there was much Tess latitude for using this type of mechanism than
there was under a CFD; for instance, certain fees could be paid for under a
CFD and they couldn't under an assessment district, and there was also the
ability for a greater assessment spread under a CFD. In further response,
he said on an assessment district, reporting requirements to a prospective
buyer were based upon the City's internal requirements and on the
agreement with the developer. With regard to the difference in notification
to potential buyers in an assessment district or in a CFD, he said the
requirements were virtually equal.
Councilman Kelly disagreed, believing that it would be more obvious to a
purchaser in an assessment district since they would have to cast a ballot.
Whereas, in a Mello -Roos District, all that information was contained in the
many pages of contract documents.
Mayor Crites pointed out that if a developer created an assessment district
on the property, he was the one doing the voting before anyone purchased
an individual piece of it.
Mr. Yrigoyen reaffirmed that it was essentially the same process used for
either an assessment district or a CFD; the difference was in the way they
could be used.
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
Mr. Ortega added that the main difference between a CFD and an
assessment district was that an assessment district required the specific
public facilities to be built and the public benefit to be realized be identified
up front. Therefore, certain facilities of general benefit (e.g. a fire station or
a school) could not be funded under this device. A CFD would allow such
flexibility, and in some cases, would provide for maintenance costs as well.
Although, he said the notice requirements are the same. Aside from specific
policies, however, he offered that in either case, the City Council could
require additional notice to potential property owners beyond that required
by law. It would only be the City's obligation to tell the developer that he had
to make this notification to prospective buyers.
Mayor Crites observed that without a Mello -Roos, a developer would have
to pay for certain required facilities up front and would pass along these
costs in a higher initial price of the property being offered. With a Mello -
Roos, the developer paid for facilities with bond funding, without a higher
price on the home or property, and stuck the new property owner with a long-
term assessment. He felt one way of doing it was just less obvious than the
other.
Councilmember Benson moved to waive further reading and adopt Resolution
No. 05-69. Motion was seconded by Ferguson and FAILED on a 2-3 vote with Kelly,
Spiegel, and Crites voting NO.
Mayor Crites asked staff to return to the City Council with an explanation as
to what benefit the City and its citizens would realize from creating CFDs.
Other than convenience to the developer for getting low-cost money and not
having to show home buyers what they really have to pay, he was
unconvinced that the City received any such value.
IX. ORDINANCES
For Introduction:
None
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
For Adoption:
A. ORDINANCE NO. 1097 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY
REFERENCE, WITH CERTAIN AMENDMENTS, THE RULES,
REGULATIONS, PROVISIONS, AND CONDITIONS SET FORTH IN
CALIFORNIA ELECTRICAL CODE; THE MOST RECENT ADOPTED
EDITIONS AND ALL FUTURE EDITIONS AS ADOPTED AND AMENDED
BY THE CALIFORNIA BUILDING STANDARDS COMMISSION.
Councilman Kelly asked for clarification as to what the terms "...and all future
editions..." meant. He was concerned that this constituted an automatic
approval for changes in the future.
Mr. Hamidzadeh explained that even without adoption of this ordinance, the
City would still have to enforce the California Electrical Code, beginning
August 1, and staff was already doing so. However, by adopting its own
ordinance, it provided the City with ability to make its own modifications.
Mr. Croy added that "Future Editions" meant between the three-year cycle,
there are modifications that the State calls "Modified Editions." It was just a
different use of terminology. He said staff always has to come back to the
City Council with recommendations to be ratified that are then sent to the
State. He said if the City didn't take its own action to adopt the Code, the
Electrical Code would automatically default to the State's version; and the
City would not be allowed to make any modifications it felt necessary for
local conditions.
Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1097.
Motion was seconded by Benson and carried by a 5-0 vote.
X. NEW BUSINESS
A. REQUEST FOR ADOPTION OF RESOLUTIONS, DECLARING THE
INTENT TO ISSUE BONDS OR OTHER OBLIGATIONS OR CAUSE
BONDS OR OTHER OBLIGATIONS TO BE ISSUED TO FINANCE THE
INSTALLATION AND CONSTRUCTION OF THE PORTOLA AVENUE
BRIDGE AT THE WHITEWATER CHANNEL AND REIMBURSE CERTAIN
EXPENDITURES FROM THE PROCEEDS OF THE BONDS, AND
RESCINDING RESOLUTION NOS. 05-40 AND 502 (JOINT
CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Mr. Ortega noted the staff report provided for this item and offered that staff
was available to answer any questions.
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
Member/Councilman Kelly moved to waive further reading and adopt: 1) City
Council Resolution No. 05-65, declaring its intent to issue bonds or other obligations or
cause bonds or other obligations to be issued to finance the installation and construction
of the Portola Avenue Bridge at the Whitewater Channel and reimburse certain
expenditures from the proceeds of the bonds, and rescinding its Resolution No. 05-40;
2) Redevelopment Agency Resolution No. 504, declaring its intent to issue bonds or other
obligations or cause bonds or other obligations to be issued to finance the installation and
construction of the Portola Avenue Bridge at the Whitewater Channel and reimburse
certain expenditures from the proceeds of the bonds, and rescinding its Resolution No.
502. Motion was seconded by Benson and carried by 5-0 vote.
B. REQUEST FOR ADOPTION OF THE PROPOSED POST -RETIREMENT
MEDICAL SAVINGS PLAN AS AN ADDITIONAL EMPLOYEE BENEFIT
AND DESIGNATION OF ICMA AS THE PLAN ADMINISTRATOR.
Mr. Ortega referred to the complete staff report provided in the agenda
packets.
Councilman Spiegel moved to waive further reading and adopt Resolution
No. 05-70, adopting the Post -Retirement Medical Savings Plan as an additional employee
benefit; 2) by Minute Motion, direct the City Manager to sign the contract with ICMA to
establish this plan (Contract No. C24170). Motion was seconded by Ferguson and carried
by 5-0 vote.
C. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM
FUNDS AND ADDITIONAL FUNDS FOR A PUBLIC SEATING AND PATIO
EASEMENT FOR THE COBLE EL PASEO BUILDING AT
73-350 EL PASEO (Coble El Paseo Owners Association, Applicant).
Mr. Ortega noted the staff report for this item, adding that the internal City
Retail Committee that reviews such requests considered this application and
recommended approval to the City Council.
Councilmembers agreed that it was a worthy project and commended Project
Administrator Bryce White for a job well done, especially in working with 11
different owners to agree to this improvement.
Councilman Spiegel moved to, by Minute Motion, approve $130,000 in Facade
Enhancement Program Consideration funds and an additional $80,000 in funding as
consideration for a Public Seating and Patio Easement to the Coble El Paseo Owners
Association for the Coble El Paseo Building — funds are available in Account
No. 400-4800-454-3875. Motion was seconded by Councilman Kelly.
In response to question, Mr. White said the seating area would stay
approximately the same size but would be redesigned to include area from
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
the street to the front of the building as part of the courtyard area. He said
there would also be a series of steps going down into that area as well as a
ramp system. Further responding, he said that it had been made clear to the
architect that particular attention should be given to the public seating area
so that it was welcoming to pedestrian traffic and encouraged their stopping
by to enjoy it. He said there would be ample shaded area as well as a
drinking fountain and seating.
Mayor Crites called for the vote, and the motion carried 5-0.
D. REQUEST FOR APPROVAL OF FACADE ENHANCEMENT PROGRAM
FUNDS FOR THE NEIL BUILDING LOCATED AT 73-790 EL PASEO AND
45-145 SAN LUIS REY AVENUE (David and Margaret Firestone,
Applicants).
Mr. White commented that the subject project was fairly large and unusually
dimensioned. He noted that the property owner was in attendance should
the City Council have any questions.
Councilman Kelly moved to, by Minute Motion, approve $60,000 in Facade
Enhancement Program Consideration funds to David and Margaret Firestone for The Neil
Building located at 73-790 El Paseo and 45-145 San Luis Rey Avenue — funds are
available in Account No. 400-4800-454-3875. Motion was seconded by Spiegel and
carried by a 5-0 vote.
E. REQUEST FOR AWARD OF CONTRACT FOR INSTALLATION OF
CURBING/FLATWORK ON THE FIRECLIFF COURSE/MOUTAINVIEW
COURSE AT THE DESERT WILLOW GOLF RESORT (CONTRACT
NO. C23960).
Councilman Kelly moved to, by Minute Motion: 1) Authorize award of the subject
construction contract to Contreras Construction Company, Indio, California, in the amount
of $92,975; 2) authorize the Chairman to execute said contract; 3) authorize the Director
of Finance to set aside the amount of $9,297.50 as 10% contingency for the project (use
of contingency requires additional action) — funds are available in Account
No. 241-4195-495-8092. Motion was seconded by Spiegel and carried by 5-0 vote.
F. REQUEST FOR AWARD OF CONTRACT FOR PAINTING OF THE
DESERT WILLOW CLUBHOUSE EXTERIOR (CONTRACT NO. C24180).
Upon inquiry about the number of bidders who were from outside the area,
Senior Management Analyst Catherine Walker answered that there was one
local firm who responded to the advertisement. She commented that the
bidding period was approximately six weeks long, and six vendors picked up
bid documents. She made further note that the low bidder, Southwest
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
Coatings, was doing local work currently. In further response, she said the
Clubhouse's existing color palette would be maintained.
Councilman Kelly moved to, by Minute Motion: 1) Authorize award of the subject
contract to Southwest Coatings, Inc., San Pedro, Califomia, in the amount of $44,950;
2) authorize the Mayor to execute same; 3) authorize the Director of Finance to set aside
the amount of $4,495 as a 10% contingency (use of contingency requires additional
action) — funds are available in Account No. 241-4195-495-8092. Motion was seconded
by Crites and carried by 5-0 vote.
G. REQUEST FOR APPROVAL OFA MEMORANDUM OF UNDERSTANDING
(MOU) WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR
PARTICIPATION IN AN AFTER SCHOOL PROGRAM IN FISCAL YEAR
2005/06 (CONTRACT NO. C24190).
Councilman Spiegel moved to, by Minute Motion, authorize the Mayor to execute
the subject MOU between Desert Sands Unified School District and the City of
Palm Desert as it relates to participation in its After School Program in the amount of
$87,645 at Abraham Lincoln Elementary School. Motion was seconded by Kelly and
carried by 5-0 vote.
H. REQUEST FOR APPROVAL OF CONTRACT FOR ANIMAL CONTROL
SERVICES FOR THE CITY OF PALM DESERT, FISCAL YEAR 2005/06
(CONTRACT NO. C24200).
Councilmember Benson responded to question by advising that the new
Coachella Valley Animal Campus facility would also be run by Riverside
County, but it would include its own local staff, including a director in charge
of this facility alone, to serve all the Coachella Valley cities except Palm
Springs and Indio. She said it was expected to be open in approximately
three weeks, and she thanked City Marketing Manager Kristy Kneiding for
the nice article that appears in the September BrightSide City Newsletter.
Councilman Spiegel moved to, by Minute Motion, award the subject contract to
Riverside County Community Health Agency, Riverside, California, for FY 2005/06 for a
term of one year from the date of contract execution and in an amount not to exceed
$110,347, and authorize the Mayor to execute same. Motion was seconded by Kelly and
carried by 5-0 vote.
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
I. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES
AGREEMENTS FOR BUILDING PLAN REVIEW SERVICES FOR FISCAL
YEAR 2005/06.
Councilman Spiegel moved to, by Minute Motion, approve of, award the subject
agreements to, and authorize the Mayor to execute same with Esgil Corporation,
San Diego, California (Contract No. C24210), and with California Code Check, Newbury
Park, California (Contract No. C24220), beginning July 1, 2005, and ending June 30, 2006,
and not to exceed the set amount in Account No. 110-4420-422-3010, as set forth in the
FY 2005/06 Budget. Motion was seconded by Kelly and carried by 5-0 vote.
J. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT FOR PART-TIME, IN-HOUSE BUILDING PLAN REVIEW
SERVICES FOR FISCAL YEAR 2005/06.
Councilman Spiegel moved to, by Minute Motion, approve of, award the subject
agreement to, and authorize the Mayor to execute same with SRA Engineering, Inc.,
Laguna Hills, California (Contract No. C24230), for the period of September 12, 2005, until
June 30, 2006 — funds are available in Account No. 110-4420-422-3010, as set forth in the
FY 2005/06 Budget. Motion was seconded by Kelly and carried by a 5-0 vote.
K. REQUEST FOR APPROVAL OF THE COACHELLA VALLEY WATER
DISTRICT (CVWD) AND CITY OF PALM DESERT JOINT WEATHER -
BASED (Eto) CLOCK REBATE PROGRAM (CONTRACT NO. C24240).
Responding to comment and question, Landscape Manager
H. Spencer Knight answered that this was a pilot program for 100 clocks; if
successful, staff would return to the City Council to request expansion.
Councilmembers agreed it would be a great program and looked forward to
being able to participate in it themselves.
Mayor Crites suggested staff work closely with CVWD to be certain that the
program would be structured for future growth.
Mr. Knight noted that CVWD's Don Ackley was present today and indicated
agreement with Mayor Crites's suggestion.
Mayor Crites thanked the Water District and City staff for moving forward
with this innovation.
Councilman Kelly moved to, by Minute Motion, approve of, fund, and authorize the
City Manager to execute an agreement with the CVWD for the subject rebate program.
Motion was seconded by Ferguson and carried by 5-0 vote.
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
L. REQUEST FOR ADOPTION OF RESOLUTIONS IN SUPPORT OF 2005
TRANSPORTATION ENHANCEMENT FUNDING FOR LANDSCAPE
PROJECTS ON MONTEREY AVENUE.
Councilman Kelly moved to waive further reading and adopt Resolution Nos. 05-71
and 05-72, in support of filing for 2005 Transportation Enhancement Funding for Monterey
Avenue Landscape Projects: 1) Center median and slopes of Monterey Avenue ramp
between Dinah Shore Drive and the Southern Pacific Railroad; 2) new on/off ramp at the
Monterey Avenue Interchange.
Upon question, Mr. Greenwood said the design has not been initiated; an
opportunity to apply for the grants just came up, and if successful in
obtaining funding, design work will commence. He offered that the City
Council could be as involved in the process as it would like.
Responding to further question about future landscape maintenance,
Mr. Knight said the subject area to be landscaped was within the City's
boundaries and includes the median, and it was likely that both slopes would
also be the City's responsibility. He would have to confirm the exact
ownership.
Mayor Crites agreed that something was needed at this location, one of the
City's most prominent entrances, but he was concerned for future ongoing
annual maintenance costs. Mr. Knight said he could have this calculated.
Mayor Crites went on to recall that a previous grant funding project had been
planned for this site, which included approved artwork, and then the City
decided to decline the grant award because it was potentially going to build
a flyway on the intersection. Now the City was back at zero --it was never
going to build a flyway, and while he didn't care whether or not the prior art
project was carried forward, it was a giant area at the City's entrance that
was all concrete and would be a perfect location for some artistic flavor. He
questioned why staff hadn't included an art component in its request.
Mr. Greenwood believed that art could be incorporated into the project and
noted that it may, in fact, make it more competitive, as Transportation
Enhancement Funding was supposed to be for something more than just
landscaping. He offered to modify the applications accordingly.
Councilmembers concurred.
Upon question whether the Art In Public Places Commission was looking at
any kind of design for the City's entrance, Public Art Coordinator
Deborah Schwartz answered that nothing had yet come before them for the
subject location, but they would definitely look into it.
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
In further response, Mr. Greenwood answered that the City was not yet
required to show any detailed drawings or concepts in order to apply for the
grant funding at this time. If selected for interviews, then a more definite and
detailed proposal would be necessary. He suggested amending the
applications to include an art component in addition to the landscaping.
Responding to question about a prior design and budget for landscaping the
Monterey Avenue interchange some years ago, Mr. Greenwood said the
designs were still on file with Public Works and that plan also included use
of Transportation Enhancement funding. He believed the City's share of the
budget was folded back into its general landscaping budget for use on other
median projects.
Mayor Crites asked staff to review the prior proposed landscaping project
and be able to report back with how much was budgeted where those funds
were subsequently applied.
Councilman Kelly agreed to amend his motion to waive further reading and adopt
Resolution Nos. 05-71 and 05-72 so that each of them and their respective Transportation
Enhancement Funding applications would include an artwork component for the Monterey
Avenue landscaping projects. The amended motion was was seconded by Councilman
Spiegel and carried by a 5-0 vote.
M. REQUEST FOR AUTHORIZATION FOR THE STRIPING OF GOLF
CART/ BIKE LANES ON COUNTRY CLUB DRIVE BETWEEN MONTEREY
AVENUE AND COOK STREET.
Mr. Ortega offered that this item and the next, Section XI. - Continued
Business Item A., were closely related —staff had been waiting to stripe the
golf cart/bike lanes on Country Club Avenue while the parking issue at Manor
Care was being reviewed. He asked for a joint consideration of these
matters. Councilmembers concurred with the request.
Upon question, Mr. Drell answered that staff was satisfied with Manor Care's
parking lot design. However, he commented that their proposal included a
modification so that parking could be placed over their retention basin. He
said that plan had been sent to Public Works for review of that issue plus the
landscaping plan, noting that there was current technology that would
provide for use of the retention basin for parking. Further, he said Manor
Care had initiated an employee parking program with the adjacent church.
With that program in place, the City should be able to proceed with redlining
the curb; staff has been periodically reminding them of the need to adhere
to their program whenever cars are parked on the street.
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
MR. DON CLARY, representing Manor Care, said they had not filed any
opposition to the redlining, as they believed that the steps they'd taken to
provide for offsite parking were adequate. He noted that they would like to
move forward with their proposed parking plan to add 31 spaces onto their
property and have appreciated all of staffs cooperation to date.
Mayor Pro Tem Ferguson asked about any long-term plan for Country Club
Drive being six lanes. Mr. Greenwood said that Country Club Drive is
classified as an arterial street, which would allow it to go up to six lanes.
However, the current and projected traffic volumes didn't lend themselves to
such expansion; it would only possibly be in the distant future, at least 15
years. He further noted that upon sending a letter to all the adjacent
businesses for their opinion on the Country Club Drive bike lane/golf cart
lane striping project, none responded.
Mayor Pro Tem Ferguson requested that in addition to announcing that the
street will be striped with a "bike lane," the sample letter should also state
that it would be a "golf cart lane" so that residents of Palm Desert Greens
and Suncrest Country Clubs would be aware that they can use the lane for
travel to Desert Willow.
Councilman Kelly moved to, by Minute Motion, authorize the Public Works
Department to stripe golf cart/bike lanes on Country Club Drive between Monterey Avenue
and Cook Street. Motion was seconded by Spiegel and carried by 5-0 vote.
Councilman Kelly noted that there was another area of the City without
adequate connection to the bike/golf cart lane program. He asked that once
the City assumes jurisdiction over Highway 74, it be included and that staff
begin the necessary preparations.
Xl. CONTINUED BUSINESS
A. UPDATE ON MANOR CARE PARKING ON COUNTRY CLUB DRIVE
(Continued from the meeting of July 14, 2005).
This matter was considered jointly with Section X - New Business, Item M.,
above. Please see that portion of the Minutes for discussion.
Councilman Kelly moved to, by Minute Motion, receive and file the report. Motion
was seconded by Spiegel and carried by 5-0 vote.
With City Council concurrence, a meeting recess was observed from 4:55 p.m.
to 5:03 p.m.
21
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
B. REQUEST FOR APPROVAL OF GRANT FUNDING FOR PALM DESERT
PRESBYTERIAN PRESCHOOL AND KINDERGARTEN FROM THE CITY'S
CHILD CARE DEVELOPMENT FEES FUND 228 FOR PLAYGROUND AND
FACILITY IMPROVEMENTS (Continued from the meeting of July 14, 2005).
Mr. Erwin reported that another issue had come up with regard to
consideration of this matter. Therefore, he asked for the City Council's
continuance to its next meeting in order that the issue may be further
reviewed in the meantime.
Councilman Spiegel moved to continue this matter to September 8, 2005. Motion
was seconded by Benson and carried by a 5-0 vote.
C. CONSIDERATION OF THE RESTRICTION OF LEFT TURNS FROM
TUCSON CIRCLE TO NORTHBOUND WASHINGTON STREET (Continued
from the meeting of July 14, 2005).
Mayor Crites commented that with assistance of City staff, the City Council
had looked at the possibilities for this location and found: 1) La Quinta's
General Plan indicates Darby Road being abandoned and being moved over
to Mountain View; 2) construction had already begun on the new school site.
Therefore, Palm Desert's ability to move that road back down to Tucson
Circle did not exist. Although, in working with City staff, it is believed that
there could be a fairly abbreviated left turn from northbound traffic onto
Mountain View, with stacking only about four vehicles, which will leave
enough space in the center to continue to provide for left turns out of the
Tucson Homes area. He said it would probably be easier to make a left turn
in the future because the signal at Mountain View will stop traffic and provide
some discreet intervals to allow people to go out into the center lane pocket.
MR. MIKE LOCONTE, Tucson Homes, Palm Desert, asked if the traffic
signal could be moved from the proposed location of Palm Royale and the
dead end of Mountain View to the intersection with Tucson Circle.
Mayor Crites responded that both of those locations were effectively dead
end streets —Tucson goes only into Tucson Homes, Mountain View goes only
into a set of apartments; and upon review of traffic surveys, both have
approximately the same amount of exit traffic. Therefore, he said the traffic
signal will be installed at the corner of Mountain View so that it connects
appropriately with the street behind and also allows direct access onto
school property for the children who would be crossing the street at this
location.
22
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
MR. LOCONTE pointed out that as currently configured, he felt La Quinta
would derive more benefit from the traffic signal than would Palm Desert and
its taxpaying homeowners in his neighborhood.
Mayor Crites replied that both streets served Palm Desert residents. Mayor
Pro Tem Ferguson further responded that the road is there, the school is
being built, and it made more sense to have a signal where there was a road
and a school where children needed to have safe access. Additionally, he
noted that there was no willingness whatsoever to move the signal and
emphasized that La Quinta had jurisdiction east of the center line of
Washington Street, which limited Palm Desert's ability to make any change.
MR. LOCONTE expressed appreciation to the Mayor and City Council for
their efforts since this was last considered.
Mayor Pro Tem Ferguson moved to, by Minute Motion, direct staff to: 1) Take the
necessary steps that will continue to allow a left turn pocket at this location, engineered in
such a manner that will also accommodate a left turn into Mountain View; 2) make contact
with Southern California Edison about relocating the utility box that is currently an
impediment to line of sight for ingress/egress at Tucson Homes. Motion was seconded by
Spiegel and carried by 5-0 vote.
XII. OLD BUSINESS
A. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE SERVICES — CONSOLIDATED LANDSCAPE
MAINTENANCE AREA NO. 1 (CONTRACT NO. C23600, PROJECT
NO. 901-XX).
Mayor Pro Tem Ferguson moved to, by Minute Motion, award the subject contract
to Garza Landscaping, Inc., Indio, California, in the amount of $61,800 and authorize the
Mayor to execute same — funds are available in Account No. 241-4195-495-3320. Motion
was seconded by Spiegel and carried by 5-0 vote.
B. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE SERVICES — CONSOLIDATED LANDSCAPE
MAINTENANCE AREA NO. 2 (CONTRACT NO. C23610, PROJECT
NO. 902-XX).
Mayor Pro Tem Ferguson moved to, by Minute Motion, award the subject contract
to Garza Landscaping, Inc., Indio, California, in the amount of $89,220 and authorize the
Mayor to execute same — funds are available in Account No. 110-4611-453-3370. Motion
was seconded by Spiegel and carried by 5-0 vote.
23
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
C. REQUEST FOR AWARD OF CONTRACT FOR LANDSCAPE
MAINTENANCE SERVICES — CONSOLIDATED LANDSCAPE
MAINTENANCE AREA NO. 6 (CONTRACT NO. C23630, PROJECT
NO. 906-XX).
Mayor Pro Tem Ferguson moved to, by Minute Motion, award the subject contract
to Steven Burt & Associates, Inc., Bermuda Dunes, California, in the amount of $73,212
and authorize the Mayor to execute same — funds are available in Account
No. 241-4195-495-3320. Motion was seconded by Spiegel and carried by 5-0 vote.
D. REQUEST FOR RATIFICATION OF EMERGENCY
REPAIR/REPLACEMENT WORK RELATING TO THE CIVIC CENTER
PARK PLAYGROUND EQUIPMENT (CONTRACT NO. C24040).
Councilman Kelly moved to, by Minute Motion: 1) Ratify the City Manager's
authorization of the subject contract award to RFL Construction, Palm Desert, California,
in the amount of $114,360; 2) authorize a 10% contingency for the project in the amount
of $11,436 — funds are available in Account No. 233-4667-454-4001. Motion was
seconded by Spiegel and carried by 5-0 vote.
E. REQUEST FOR APPROVAL OF THE REVISED DESIGN FOR
SAGEWOOD DRIVE LEFT -TURN EGRESS.
Mr. Greenwood reported that following negotiations with City of
Rancho Mirage staff, the configuration ended up somewhat modified from his
verbal description at the last meeting. He referred to the drawing contained
in the staff report and said the revised design was improved and provides a
little more landscaped median area with sufficient area for one or two cars
to stack in the street. He confirmed that this design was similar to that just
specified for the Tucson Circle access to Washington Street.
Councilman Spiegel moved to, by Minute Motion, approve the revised design for
Sagewood Drive left -turn egress. Motion was seconded by Benson and carried by 5-0
vote.
24
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
XIII. PUBLIC HEARINGS
A. CONSIDERATION OF AN APPEAL OF A DECISION BY THE PLANNING
COMMISSION, DENYING A VARIANCE TO ALLOW A FREESTANDING
PATIO COVER, 12 FEET IN HEIGHT SETBACK 3 FEET-2 INCHES FROM
THE REAR PROPERTY LINE AT 74-431 DE ANZA WAY
(APN 625-074-004) Case No. VAR 05-02 (Abbass and Judith Kamouie,
Applicants/Appellants) (Continued from the meeting of July 14, 2005).
Assistant Planner Ryan Stendell reviewed the staff report. He noted that four
findings must be made in order to grant a variance, neither staff nor the
Planning Commission were able to make one of them in the subject case.
Therefore, staffs recommendation was to either remove the structures or
relocate them to an appropriate site on the property. In response to
question, he said one of the Planning Commissioners had dissented from the
vote to deny in order to seek some cooperation with the Applicant.
Mayor Crites declared the public hearing open and invited testimony FAVORING or
OPPOSING the subject case.
MR. ABBASS KAMOUIE, Applicant/Appellant, 74-431 De Anza Way, said
he'd been a resident of the property since 1991 and had worked on it since
that time to make numerous improvements. During the course of his home
remodeling projects, he also built a barbecue -patio area near the corner of
the house and noted that he was never advised by City inspectors to remove
or alter this feature; he was unaware that anything was wrong. Additionally,
his mother became ill with Alzheimer's Disease and came to live with his
family; they decided to place a cover over the patio area so that she could
spend some time outdoors. Upon learning that a neighbor complained to the
City, he stopped work on the patio cover, covered the lighting, and didn't use
it until he applied for a permit, which is when he learned there was a
regulation prohibiting it. He offered to lower the structure two feet (to 10 feet)
but asked if it could be retained it on his property for his mother's sake until
she was no longer residing with him.
Upon question, Mr. Stendell responded that during discussion at the
Planning Commission hearing, the only place to relocate the patio was in the
Applicant's landscaped area. He said the Applicant didn't want to sacrifice
landscaped area for concrete.
Mayor Crites suggested that switching locations of the landscaped and patio
areas would probably result in an equal amount of concrete and landscaping
on the property if they were completely relocated.
25
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
MR. KAMOUIE said he could relocate the patio area once his mother was no
longer residing with him. He felt it would be too upsetting for her to move
things around now.
Responding to question, Mr. Stendell said there was one letter of complaint
from an anonymous neighbor, stating that the patio structure was in their
immediate line of sight. In further response to question, he confirmed that
the Applicant did obtain signatures of support from his immediate
surrounding neighbors and also answered that one of the patio structures
was there when the Applicant purchased the house; the other has been
recently constructed in the last few years and is the worst offender of the
two. The side yard patio structure is almost low enough, six to seven feet
high with a six-foot wall all the way around the area, but still out of
compliance.
Councilman Kelly suggested a continuance. Mayor Pro Tem Ferguson
agreed and also suggested that staff work with the Applicant and his
neighbors to see if a shorter term arrangement may be acceptable as a
compromise.
Mayor Crites offered a possible solution that may require staff
recommendation for removal, but also looks at a phased approach that
would require immediate lowering of the structure followed by modification
to meet City Code once the Applicant's mother is no longer residing there.
Councilman Spiegel moved to continue the public hearing to the meeting of
September 8, 2005, in order to allow Councilmembers opportunity to visit the site and
consider resolution of the matter. Motion was seconded by Kelly and carried by 5-0 vote.
With City Council concurrence, Councilmember Benson and Councilman Kelly were
designated to visit the site with staff and return with their impressions at the next
meeting.
B. REQUEST FOR APPROVAL OF AN AMENDMENT TO THE PALM
DESERT MUNICIPAL CODE AS IT RELATES TO EXPIRATION OF
APPLICATION APPROVALS ON PHASED PROJECTS
Case No. ZOA 05-01 (City of Palm Desert, Applicant).
Mayor Crites declared the public hearing open and invited public testimony
FAVORING or OPPOSING the subject case. With no testimony offered, he
declared the public hearing closed.
Councilman Kelly stated he would prefer that such projects only receive a
one-year time frame.
26
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
Mr. Drell responded that once a substantial investment is made in a project,
it then usually takes time to complete --usually longer than one year to initiate
a second phase. He said if they were going to do it straight through, they
would build it right away and an extension would be unnecessary. He
believed two years was more reasonable.
Councilman Kelly remarked that if the first phase of a project took a couple
of years to build, and then it was two more years to do the second, there
could be many changes to occur in four years' time, such as the need for
energy conservation. He felt the City may want to condition the next phase
of a project accordingly and allowing one year would be a better amount of
time to react.
Responding to question about changing conditions in an application for time
extension, Mr. Erwin said the conditions could not usually be changed.
Councilman Kelly pointed out that it would then be the request for time
extension that would be denied.
Councilman Kelly moved to waive further reading and pass Ordinance No. 1098 to
second reading, as amended to reflect a one-year expiration (instead of two) on phased
projects and approving Case No. ZOA 05-01 therefor. Motion was seconded by Crites and
carried on a 4-1 vote, with Ferguson voting NO.
C. REQUEST FOR APPROVAL OF THE REPROGRAMMING OF
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR
FISCAL YEAR 2004/05.
Mayor Crites declared the public hearing open and invited public testimony for the
subject matter of business. With no testimony offered, he declared the public
hearing closed.
Mayor Pro Tem Ferguson moved to, by Minute Motion, approve reprogramming of
CDBG funds in the amount of $28,965 from Father Joe's Village and Kitchen to Episcopal
Community Services (ECS) for the Nightengale Manor Project. Motion was seconded by
Spiegel and carried by 5-0 vote.
27
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
XIV. REPORTS AND REMARKS
A. CITY MANAGER
None
B. CITY ATTORNEY
None
C. CITY CLERK
None
D. PUBLIC SAFETY
o Fire Department
None
o Police Department
None
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Palm Desert Chamber of Commerce — Councilman Spiegel
remarked that the Chamber of Commerce was very anxious to
find out what their CAM (Common Area Maintenance) charges
were going to be at the new Henderson Community Building.
He asked staff to provide this information to them in a timely
manner, with groundbreaking for the building to occur in the
near future.
Councilmembers concurred.
2. Traffic Concerns — Left Turns from Civic Center onto
Fred Waring Drive — Mayor Crites reminded staff that residents
of Tucson Homes who offered testimony about their desire to
retain the ability to make left turns reminded the City Council
that it still allowed this type movement across six lanes of
traffic in front of the Civic Center at the uncontrolled access on
westbound Fred Waring. He asked staff to bring back a report
28
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
on steps necessary to prohibit left turns at this location while
leaving the median open for emergency vehicles from the
Sheriffs Station only. Further, he requested that whenever
constituents bring forward such issues, that the City take the
necessary steps to correct them.
Councilmembers concurred.
o Citv Council Committee Reports:
1. Update on the Palm Springs Desert Resorts Convention &
Visitors Authority (CVA) (Councilmember Jean M. Benson)
Councilmember Benson reviewed the written report she
provided for the agenda packets.
Following City Council discussion, the following direction was given: 1) City of
Palm Desert is generally opposed to the proposal that would allow non -elected
members to serve on the CVA Executive Board; 2) CVA is strongly encouraged to
drop the "Palm Springs" identification from its name and adopt Desert Resorts
Convention & Visitors Authority, using city names with events or marketing efforts
as appropriate.
Mayor Crites again extended appreciation to Councilmember
Benson for her diligence and her service over the past several
months as Palm Desert's representative to the CVA while it
worked through some difficult issues.
o Citv Council Comments:
1. Desert Sands Unified School District — Councilman Spiegel
commented that following publication of the most recent
Federal test scores for all students, Desert Sands Unified
School District was, by far, the best in the Coachella Valley,
with Palm Desert High the best high school, Palm Desert
Middle the best middle school, and all the best elementary
schools were all in Palm Desert. He made particular note of
Abraham Lincoln Elementary's progress, which was now near
the top in language skills, and felt credit for this could be given
to both its Principal, Nelda Esmeralda, and to the After School
Program sponsored by the City.
2. USS Ronald Reagan — Mayor Pro Tem Ferguson announced
that a golf tournament between 30 sailors from each the USS
Ronald Reagan and the USS Bonhomme Richard has been
29
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING AUGUST 25, 2005
scheduled for this weekend in the desert. Sailors of the two
vessels, representing the Cities of Palm Desert and Indian
Wells, respectively, in their Sister Ship agreements, would be
competing against each other on Saturday at Desert Willow
and on Sunday at Indian Wells Golf Resort. Realizing that
notification of this event had come rather late, he asked for his
colleagues' participation in the activities, including a luncheon.
With City Council concurrence, the Mayor was asked to send a letter to the outside
representative who had been arranging this event to convey Palm Desert's desire
to be in on the organization of any future events of this type from their inception to
completion instead of learning about them hours before they were being held.
3. National League of Cities — Mayor Crites displayed and
announced that the City had received a plaque from the
National League of Cities, recognizing Palm Desert's 20'h year
of membership in the organization.
XV. ORAL COMMUNICATIONS - C
None
XVI. ADJOURNMENT
With City Council concurrence, Mayor Crites adjourned the meeting at 5:44 p.m.
ATTEST:
RAAHELLE D. KLASSEN, CITY CLERK"
CITY OF PALM DESERT, CALIFORNIA
BUFD A. CRITES, MAYOR
30