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HomeMy WebLinkAbout2005-05-12MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 12, 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: Justin McCarthy, Acting City Manager Robert W. Hargreaves, Deputy City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Rachelle D. Klassen, City Clerk Mark D. Greenwood, City Engineer Amir Hamidzadeh, Director of Building & Safety 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 Craig Kilday, Chief/Captain, Palm Desert Police/Riverside Co. Sheriffs Dept. 111. ORAL COMMUNICATIONS - A (CLOSED SESSION ITEMS) None MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 IV. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: 2.43 acres South of Cahuilla Park (APN 628-020-029) Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert Property Owner: Desert Cities Baptist Church Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) City of Palm Desert v. Van Alstine, Riverside County Superior Court Case No. INC 035579 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 3 Public Employee Performance Evaluation pursuant to Government Code Section 54957: Titles of Positions: City Attorney City Manager Upon a motion by Councilman Spiegel, second by Councilmember Benson, and 5-0 vote of the City Council, Mayor Crites adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:00 p.m. V. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. Mr. Hargreaves stated that an item needed to be reported from a prior Closed Session on November 18, 2004. He said at that time as part of the settlement of the G. George Fox Litigation over a property transaction, the City Council authorized acceptance of reimbursement by the Friends of the Desert Mountains to the extent that it receives funds from the Federal Government for acquisition of the Fox Property. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 He went on to say that when the City Council reaches the Public Hearings portion of the Agenda, there would be another Public Hearing to add to this meeting's business. VI. PLEDGE OF ALLEGIANCE - Mayor Buford A. Crites VII. INVOCATION - Mayor Pro Tem Jim Ferguson VIII. ORAL COMMUNICATIONS - B MS. JULIANN HECTOR, residing at 418 Via Colusa, Palm Springs, CA, and employed in Palm Desert, addressed the City Council. She read a prepared letter (now on file and of record in the City Clerk's Office) asking the City Council to consider proposed sponsorship of a developmental toumament series in women's golf for August 2005. She suggested that Desert Willow be a site for this toumament. Councilman Kelly offered that La Quinta, Indian Wells, and Palm Desert were the three cities with high -end municipal golf courses, and he suggested that Ms. Hector also contact La Quinta and Indian Wells so that each city could sponsor one segment of the series. Councilmember Benson commented that this proposal could be forwarded to the Marketing Committee for review. With City Council concurrence, staff was directed to review the information presented and take the appropriate steps for its consideration. MS. DIANE KELLY spoke to the City Council as a representative of the Trauma Intervention Program (TIP), citizen volunteers in the community helping other citizens in their time of need due to a traumatic event. She thanked Palm Desert for its past, and looked forward to its continued, support for the program. She announced that TIP was preparing for its upcoming annual charity dinner scheduled for June 10 at the Indian Wells Country Club and stated that tickets could be obtained from her. IX. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. PRESENTATION TO RECOGNIZE CITY OF PALM DESERT EMPLOYEES FOR EXCEPTIONAL SERVICE — MAY 2005. On behalf of the City Council, Mayor Crites and Mr. McCarthy honored the following employees with a certificate of recognition and a $100 gift certificate for their outstanding efforts: Pat Conlon, Art Contreras, 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Arturo Escobedo, Emesto Navarrette, Donna Quaiver, Gary Rosenblum, Cora Salas, Gil Salcedo, Ryan Stendell, and Abel Zatarian. X. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 28, 2005. Rec: Approve as presented. APPROVED 3-0-2, with Councilmember Benson and Mayor Pro Tem Ferguson ABSTAINING from the vote due to their absence from the meeting of April 28. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 223, 227, and 231. Rec: Approve as presented. C. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Sherri L. Frame for Le Donne Cucina Italiana, 72-624 El Paseo, #C7, Palm Desert. Rec: Receive and file. D. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by Indian Ridge Country Club, 76-375 Country Club Drive, #B, Palm Desert. Rec: Receive and file. E. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Citizens' Advisory Committee for Proj. Area # 4 Meeting of January 24, 2005. 2. Historic Preservation Committee Meeting of March 28, 2005 3. Marketing Committee Meeting of March 15, 2005. 4. Public Safety Commission Meeting of March 9, 2005. 5. Sister Cities Committee Meetings of March 24, 2005. 6. Youth Committee Meetings of February 1, and March 8, 2005. Rec: Receive and file. 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 F. REQUEST FOR RATIFICATION of Computer Equipment Request by the Palm Desert Police Department. Rec: By Minute Motion, ratify City Manager's approval of the Public Safety Commission's recommendation to approve the Palm Desert Police Department's proposal to expend approximately $11,728.59 in CaICOPS (Supplemental Law Enforcement Services Funding - SLESF) Grant Funding to purchase computer equipment. G. REQUEST FOR RATIFICATION of Contract Award for Annual Slurry Sealing and Striping (Contract No. C23640, Project No. 750-05). Rec: By Minute Motion, ratify City Manager's award of the subject contract to S-2 Sealing and Striping, Palm Desert, California, in the amount of $18,568 and approve of a 10% contingency for the project —funds are available in the FY 2004/05 budget for this project. H. REQUEST FOR AUTHORIZATION to Submit Application for the Used Oil Recycling Block Grant, Fiscal Year 2005/06 (11`h Cycle). Rec: By Minute Motion, authorize: 1) Assistant City Manager for Community Services Sheila R. Gilligan to sign and submit application for the Used Oil Recycling Block Grant, FY 2005/06 (11'h Cycle); 2) appropriation and expenditure of funds in the amount of $11,833 from the Recycling Fund, Account No. 236-4195-454-3090; 3) increasing estimated revenue by $11,833. 1. REQUEST FOR APPROVAL of an Agreement for Appraisal Services in Connection with Formation of a Community Facility District — University Village (Contract No. C23740). Rec: By Minute Motion: 1) Approve the subject agreement with Capital Realty Analysts, Palm Desert, California, in the amount of $26,000 for appraisal services for the property associated with formation of the University Village Community Facility District (CFD); 2) authorize the Mayor to execute the agreement — funds are available in Account No. 610-0000-228-2100. 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 J. REQUEST FOR FINAL APPROVAL of Artwork at Venezia Development, 41-726 Via Aregio, for Art In Public Places Compliance and Refund of Art In Public Places Funds (GHA Enterprises, Applicant). Rec: By Minute Motion: 1) Concur with the Art In Public Places Commission and approve the request for final approval of artwork at Venezia Development located at 41-726 Via Aregio, Palm Desert, Califomia, for Art In Public Places Compliance; 2) refund Art In Public Places funds in the amount of $56,715.84 to Applicant. K. CONSIDERATION of Action by the Legislative Review Committee — AB 1754 (Committee on Housing and Community Development) — Califomia Housing Finance Agency. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 26, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1754. L. CONSIDERATION of Action by the Legislative Review Committee — ACA 11 (Oropeza) — Transportation Fund Loans. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 26, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to ACA 11. M. CONSIDERATION of Action by the Legislative Review Committee — SB 552 (Alquist and Maldonado) — Sales and Use Tax Exemptions. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of April 26, 2005, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to SB 552. N. REQUEST FOR APPROVAL of Public Safety Commission Recommendation to Adopt the "Safely Surrendered Baby" Program. Rec: By Minute Motion, approve the recommendation of the Public Safety Commission and adopt the "Safely Surrendered Baby" Program. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 O. REQUEST FOR APPROVAL of the Possession and Consumption of Wine in Connection with Art Exhibition Receptions in the City of Palm Desert's Art Gallery for the Period June 2005 - May 2006. Rec: By Minute Motion, permit the possession and serving of wine in connection with the opening receptions to be held in the City of Palm Desert's Art Gallery between June 2005 and May 2006 -- tentative dates for the receptions are: 1) June 7, 2005, for The Dyslexia Foundation Exhibition; 2) September 13, 2005, for The Highlights of the North Wing Gallery Exhibition; 3) November 14, 2005, for the COD Faculty Exhibition; 4) January 16, 2006, for Group Show; 5) May 30, 2006, for the COD Student Exhibition. P. REQUEST FOR RATIFICATION of Out -of -State Travel to Ixtapa- Zihuatanejo, Mexico, for Firefighters to Provide Emergency Services Training. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. Q. REQUEST FOR APPROVAL of Out -of -State Travel for the U.S./Mexico Sister Cities Conference. Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. R. REQUEST FOR RATIFICATION of a Professional Services Contract for Conceptual Design of the City/College of the Desert Aquatic Facility (Contract No. C23750) (Joint Consideration with the Palm Desert Redevelopment Agency). Removed for separate consideration under Section XI, Consent Items Held Over. Please see that portion of the Minutes for Council discussion and action. S. INFORMATIONAL ITEMS: 1. Report Concerning Modification to the Civic Center Well Site Building Roof. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Mayor Pro Tem Ferguson requested that Items P, Q, and R be held for separate consideration under Section XI, Consent Items Held Over. Upon motion by Kelly, second by Ferguson, the remainder of the Consent Calendar was approved as presented by a 5-0 vote, with the exception of Item A - Minutes of April 28, 2005, which Councilmember Benson and Mayor Pro Tem Ferguson ABSTAINED from the vote due to their absence from that meeting. XI. CONSENT ITEMS HELD OVER P. REQUEST FOR RATIFICATION of Out -of -State Travel to Ixtapa- Zihuatanejo, Mexico, for Firefighters to Provide Emergency Services Training. Mayor Pro Tem Ferguson questioned the accounts from which funds were being taken to pay for Items P and Q, noting that they were two different accounts. Mrs. Gilligan responded that the Sister Cities Committee had two budgets; one is City -funded, and the other is an account for fundraising activities, such as the golf tournament. Visitor Information Center Manager and Sister Cities Committee Liaison Donna Gomez added that the Sister Cities Trust Account was actually one which staff was trying to do away with. Funds in this account were raised through fundraising activities. She noted that funds had been raised specifically for firefighter training and were deposited into the trust account, No. 610-0000-228-2800. The other account, No. 110-4416-414-3126, was the actual Sister Cities budget in the City's General Fund. In the future, no funds would be deposited into the trust account but would instead be put into a separate revenue account. Mrs. Gilligan noted that the Fire Department had also helped in raising funds to send the firefighters to Ixtapa-Zihuatanejo. Mayor Pro Tem Ferguson moved to, by Minute Motion, ratify the City Manager's approval of the subject out-of-state travel for five firefighters from May 16-21, 2005 — sufficient funds are available in the Sister Cities Trust Account, No. 610-0000-228-2800. Motion was seconded by Spiegel and carried by a 5-0 vote. 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Q. REQUEST FOR APPROVAL of Out -of -State Travel for the U.S./Mexico Sister Cities Conference. Please also see discussion under Item P above. Upon question by Councilman Spiegel, Mrs. Gomez responded that this particular conference was separate from the International Sister Cities Conference, which would be held in July. Upon further question, she said seven Committee members were interested in participating in the U.S./Mexico Sister Cities Conference, which would require transportation for six members and possibly registration for seven. She responded to further question and stated that last year's U.S./Mexico Sister Cities Conference was held in Aguas Calientes, Mexico, and the City Manager and one Sister Cities Committee member attended. Councilman Spiegel said he felt it was excessive to send so many people from any City committee to a conference; while it was a nice vacation, he did not feel it was appropriate for that many people. This had not been done for any other City committee or commission, and he did not feel it should be done for Sister Cities. Councilmember Benson noted that the Committee members would be paying for their own meals and accommodations. Mayor Crites stated that he felt this was a fair compromise, and he took more than modest umbrage at the idea that the Committee members were going for a vacation. Mayor Pro Tem Ferguson said he had the same concerns as Councilman Spiegel; however, after hearing the explanation, he felt it only fair that the City pay for airfare and registration, especially since the Committee members would be paying for their meals and accommodations, and part of the money to pay for the airfare was coming from funds raised by the Committee. Mrs. Gomez added that the Committee felt it should provide additional support because Palm Desert's sister city of Ixtapa-Zihuatanejo was hosting the conference in its community. Mayor Pro Tem Ferguson moved to, by Minute Motion: 1) Approve the subject out- of-state travel for up to ten Sister Cities Committee Members and/or staff to attend the subject Conference, May 30-June 7, 2005, in Ixtapa-Zihuatanejo, Mexico; 2) authorize expenditure of funds in an amount not to exceed $6,000 from Account No. 110-4416-414- 3126 — funds are available in this account, and no additional appropriation is required. Motion was seconded by Benson and carried by a 4-1 vote, with Councilman Spiegel voting NO. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 R. REQUEST FOR RATIFICATION of a Professional Services Contract for Conceptual Design of the City/College of the Desert Aquatic Facility (Contract No. C23750) (Joint Consideration with the Palm Desert Redevelopment Agency). Mayor Pro TemNice Chairman Ferguson stated that while he agreed it was important to get moving on a community pool, he did not know whether its location had yet been decided. He noted that the staff report indicated a feasibility study would be done for a College of the Desert (COD) pool, but he said he was not sure the City Council or City Manager had made that decision yet. Senior Management Analyst Martin Alvarez stated that staff had been working with COD to look at various site possibilities, and this was one site that had been identified by both the City Manager, staff, and COD representatives as a potential site. Mayor Pro TemNice Chairman Ferguson suggested that other potential sites also be considered; i.e., the CalState Campus. Councilman/Member Kelly stated that the study could be done with a footprint that could be used wherever the pool is situated. Mayor/Chairman Crites asked whether Parks & Recreation had discussed looking at both CalState and COD or whether it had been presented as an option, and Councilman Spiegel responded that it had not. Mayor Pro TemNice Chairman Ferguson stated that he really had no preference as to location of the pool as long as it meets the needs; however, it was his understanding that the inexpensive part of building a pool was the construction, while the expensive part was operation and maintenance. He said he had heard informally that CalState had offered to do that, while COD had not. If a footprint is done that could go in either location, he felt that would be money well spent; however, he felt coming up with a footprint that has already made that choice was prematurely limiting the options. Councilman/Member Kelly said he felt the COD site was more centrally located and was closer to the YMCA and the Coachella Valley Recreation and Parks District, and he was leaning more toward that location. However, he did not see that Council had to make a decision at this point as to the location of the pool. The study can be done to determine whether the pool will fit at COD, and if it does, it will certainly fit at the CalState campus; at the same time, determination can be made as to cost of operation and maintenance. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Mayor/Chairman Crites suggested that the motion include authorization to staff to ask the consultant to determine what, if any, extra costs would be involved in doing something that would be usable on the CalState campus as well as COD. He agreed this was not the time to discuss where the pool should be located, although it would be nice to have data on both locations. Mr. Alvarez stated that in addition to looking at the site, staff was looking at the facility and program needs of the various users as well. Councilman/Member Kelly noted that there was a very successful swim team was located with the City of Palm Desert and had even added the City's name to its swimsuits. Because there is currently no pool for them to use, those members are having to go out of the City to swim. He knew of one team member who joined the Palm Springs Swim Team because that was the only place she could swim competitively. He hoped input from representatives of the swim team would be considered, as he would not want to build a pool that could not be used by those swimmers. Councilman/MemberSpiegel moved to, by Minute Motion, ratify staffs authorization to proceed with a professional design services contract with Aquatic Design Group, Carlsbad, California, in the amount of $7,500 and authorize a 10% contingency for conceptual design of the City/COD Aquatic Facility (funds are available in Account No. 850-4549-454-4001), with further authorization for staff to ask the contractor to render its design services so that alternative sites for the facility could also be considered (i.e., California State University, San Bernardino - Palm Desert Campus). Motion was seconded by Kelly and carried by a 5-0 vote. XII. RESOLUTIONS None XIII, ORDINANCES For Introduction: None For Adoption: None 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 XIV. NEW BUSINESS A. REQUEST FOR CITY COUNCIL REVIEW OF A DECISION OF THE ARCHITECTURAL REVIEW COMMISSION, APPROVING A 6-FOOT HIGH BROWN VINYL CHAIN -LINK FENCE TO MATCH EXISTING CHAIN -LINK FENCE AT 45-875 EDGEHILL DRIVE Case No. MISC 05-14 (Tom Adler, Applicant). Mr. McCarthy noted the staff report in the packet. Assistant Planner Ryan Stendell noted that the applicant had requested a continuance of this matter due to his inability to attend this meeting and had indicated he could be present at the June 9' meeting if that was acceptable to the Council. Councilman Spiegel moved to, by Minute Motion, continue this matter to the meeting of June 9, 2005. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF BUILDING & SAFETY FEE SCHEDULE AMENDMENT FOR WATER HEATER REPLACEMENT PERMITS. Mr. McCarthy noted the staff report and recommendation in the packets and stated that staff was available to answer any questions. Councilman Spiegel questioned the number of plumbers who had requested permits from the City for installation of new hot water heaters. Mr. Alvarez responded that there had been 13 water heater permits since September 6, 2004, which is when the new fees were implemented. Councilman Kelly said although he understood the fee was adopted in order for the City to recover the costs associated with inspecting new water heaters, he felt it was unfair to charge even the proposed reduced cost of $65.00, especially when the City does not charge for its Code Enforcement Officers who sometimes have to spend hours on individual cases before compliance is achieved. He questioned the fact that only 13 permits for new water heaters had been issued in the last six months and said he suspected the actual number of water heaters changed out was closer to 200; someone changing out a water heater without requesting a permit would not have to pay anything, while a good citizen following the rules and requesting a permit would have to pay $65.00. Mayor Crites asked why it was necessary for the City conduct water heater inspections. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Mr. Croy responded that inspections were required to verify that gas lines are installed properly and that they are elevated with the flames above the required 18-inch level. He said most were installed in hazardous locations, which could create a combustible situation and cause a house to catch on fire Mayor Crites said he felt with that issue alone, it would be even more appropriate that the City not scare people away from a permit on something where they might blow their house up. He asked if State law requires the City to perform these inspections. Mr. Croy responded that State law requires the inspections because they are one of the higher risk elements that people install without permits. He added that most of the time when there is a failure of a water heater, it is because there was no permit inspection. Because the fees are supposed to stay within a "fair value", staff took this one out of the normal one-year review cycle in order to bring it to Council to consider lowering the fee at this time to straight cost, as staff now has the data to back up that cost. Upon question by Mayor Pro Tem Ferguson, he responded that State law does not require the City to charge $97.50. Councilman Kelly said the question was, if the City was really interested in safety, wouldn't it do something that would encourage the residents to obtain a permit rather than doing something that would encourage them not to obtain a permit? He asked for staffs opinion. Mr. Croy responded that the City could charge any fee that is reasonable. He added that he also felt if the City eliminated a fee or created a program to educate people, it would be better to educate the public at a reduced cost to provide the safety element. Councilman Spiegel said he would imagine that a majority of the hot water heaters that had been replaced in Palm Desert had been done by plumbers rather than individuals, since plumbers are more knowledgeable as to the correct way to install them. He felt it was important to make sure plumbers are aware of the permit fees. Mayor Crites suggested a continuance of this matter in order to allow staff to provide more information. Councilman Spiegel moved to continue this matter to the meeting of May 26, 2005. Motion was seconded by Kelly and carried by a 5-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 C. REQUEST FOR APPROVAL OF REVISED CONDITIONS OF APPROVAL FOR PRECISE PLAN 04-04 TO CLARIFY FINANCIAL RESPONSIBILITY Case No. PP 04-04 (43-100 Cook Street, LLC, Applicant). Mr. McCarthy noted the staff report and recommendation in the packets and said staff was available to answer any questions. Councilman Spiegel moved to, by Minute Motion, revise the Conditions of Approval for Case No. PP 04-04 to include a provision for the City of Palm Desert to reimburse the Developer for 50% of the costfordesign, construction, and inspection of the median island. Motion was seconded by Kelly and carried by a 5-0 vote. D. REQUEST FOR APPROVAL OF REVISED CONDITIONS OF APPROVAL FOR PRECISE PLAN 04-11 TO CLARIFY FINANCIAL RESPONSIBILITY Case No. PP 04-11 (Michael and Margaret Fincher, Applicants). Councilman Kelly moved to, by Minute Motion, revise the Conditions of Approval for Case No. PP 04-11 to include a provision for the City of Palm Desert to reimburse the Developer for 50% of the cost for design, construction, and inspection of the cul-de-sac, up to $25,000. Motion was seconded by Spiegel and carried by a 5-0 vote. Subsequent to the above motion, Mr. Hargreaves noted that the applicant wished to address Council and had turned in a blue Speaker's Card indicating his desire to speak on this item. He recommended that Council reconsider the matter. MR. MICHAEL FINCHER, 137 Chelsea Circle, Palm Desert, stated that this was a project that had been kicked around for approximately a year. It was always his understanding that he would match the funds of the developer of the medical building on the other side of the cul-de-sac. The staff report indicated the medical building developer had already contributed $5,000 toward the cost of construction; however, since that project was four times the size of this one, he did not feel it was right to require him to carry the rest of the burden himself. Mr. Greenwood confirmed that the project on the other side of this proposed cul-de-sac did contribute only $5,000 to the eventual construction, and that was an old estimate of the costs. The current estimate to construct the cul-de-sac was approximately $50,000. If the City collects matching funds from this applicant as it did from the other, it would mean a substantial cost to the City to construct the cul-de-sac. Staff recommended that the cost be split 50-50 with the current developer, with the City's portion estimated to be $23,000. Upon question by Mayor Crites, Mr. Greenwood responded that the $5,000 had been collected from the other property owner over five years ago. 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 MR. FINCHER added that he had also designed the grading plan for that cul-de-sac, which had already cost them approximately $3,500. He said this was his second attempt to design the cul-de-sac, and he had basically wasted seven to eight thousand dollars on a previous design that was done based on information given to him by City staff, where there was to be a fire route with a crash gate rather than a cul-de-sac. That design had been approved by all the various City committees, and a day or two prior to the Planning Commission meeting, the City received a letter from a neighbor stating the City Council had guaranteed a cul-de-sac. Councilman Spiegel said he did not feel he had sufficient information to make a decision at this time. Councilman Kelly agreed. Upon question by Mayor Pro Tem Ferguson, Mr. Greenwood responded that none of the information presented by the applicant was new to him. He said staff had provided drawings and plans from the previously approved project on that site. The site had had many proposals on it, and staff had provided the best information it had, including what the City Council had done. Mayor Pro Tem Ferguson stated that if he remembered correctly, this all happened when the church wanted to go in, and residents came out and complained. There was discussion relative to closing the street, and action at the end of that discussion was that the street would be cul-de-sacced. The doctor across the street had already built his building, and the City could not go back and impose a condition that he contribute to the cul-de-sac, although he did so anyway in the amount of $5,000. The City said the cul-de-sac would be paid for as new development goes in. Costs had gone up, and unless the City had misled the developer, he felt this was just the cost of doing business. Mayor Crites agreed unless the information provided to the developer to rely on was not what was approved. Mr. Greenwood offered to research the file to see exactly what was done and approved. Councilman Spiegel moved to RECONSIDER this matter. Motion was seconded by Benson and carried by a 5-0 vote. Councilman Spiegel moved to continue this matter to the meeting of May 26, 2005. Motion was seconded by Kelly and carried by a 5-0 vote. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 E. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR DESIGN AND CONSTRUCTION OF THE PORTOLA AVENUE BRIDGE AT THE WHITEWATER CHANNEL (CONTRACT NO. C22870A, PROJECT NO. 647-04). Mayor Crites asked whether this project was still within the original budget parameters. Mr. Errante responded that it would be difficult to determine until after bids are received; however, the engineer's estimate was fairly close to the original budget. Councilman Spiegel stated the staff report indicated the total cost was estimated to be $8.5 million, with $700,000 budgeted in the Capital Improvement Program for this fiscal year. He asked if this project would have to wait for additional funding. Mr. Errante responded that this project was programmed, and there were ample funds in the budget to cover the cost. He added that as monies are spent, staff will submit reimbursement requests to CVAG. Councilman Kelly moved to, by Minute Motion, approve the subject agreement with CVAG and authorize the Mayor to execute same. Motion was seconded by Crites and carried by a 5-0 vote. F. REQUEST FOR APPROVAL OF REIMBURSEMENT AGREEMENT WITH THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR DESIGN AND CONSTRUCTION OF THE COOK STREET WIDENING BETWEEN FRED WARING DRIVE AND FRANK SINATRA DRIVE (CONTRACT NO. C23760, PROJECT NO. 601-05). Councilman Kelly moved to, by Minute Motion, approve the subject agreement with CVAG and authorize the Mayor to execute same. Motion was seconded by Benson and carried by a 5-0 vote. G. REQUEST FOR AUTHORIZATION TO CONTRACT FOR THE PURCHASE OF RECYCLING/TRASH CONTAINERS FOR CITY PARKS (CONTRACT NO. C23770). Councilman Spiegel moved to, by Minute Motion, authorize: 1) Staff to contract with Forms and Surfaces Company, LLC, Carpinteria, Califomia, for recycling/trash containers for City Parks; 2) appropriation and expenditure of funds in the amount of $101,600 from Account No. 236-4195-454-3090 for this purpose. Motion was seconded by Kelly and carried by a 5-0 vote. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 H. REQUEST FOR AWARD OF CONTRACT FOR CONSTRUCTION OF THE MISCELLANEOUS WINDBREAK AND SOIL STABILIZATION IMPROVEMENTS FOR PM-10 MITIGATION (CONTRACT NO. C23780, PROJECT NO. 605-02A). Upon question by Councilman Kelly, Mr. Errante responded that not all of the properties were City -owned, and some of the properties in question were private property, just within the right-of-way of what the City owns. Upon further question as to whether the property owners should be the ones to mitigate the PM-10, Mr. Errante said that would normally be the case; however, this would all be done through grant funds and would not cost the City any money. Councilman Kelly said he did not feel having grant funds was a legitimate reason to spend money. Mayor Crites responded that this was a grant to the City as a city, not to the City for City property. Mayor Pro Tem Ferguson said he felt all of the City -owned property should be wind fenced so that at least the City is in compliance with all of its properties. Mayor Crites stated that this is Federal money, and the City should take the properties that have the most likelihood of PM-10 contribution, wherever they are in the City. He asked if that had been done, and Mr. Errante responded affirmatively. Councilman Kelly asked if there were any other City -owned properties that would require mitigation. Mr. Errante responded that there are other properties, and staff would apply for grants whenever those funds are available. Councilman Spiegel moved to, by Minute Motion, award the subject contract to Sierra Landscape Co., Inc., Bermuda Dunes, California, in the amount of $156,816.15, authorize a 10% contingency for the subject project, and authorize the Mayor to execute said contract. Motion was seconded by Ferguson and carried by a 5-0 vote. I. REQUEST FOR APPROVAL OF THE DEVELOPMENT AND EXECUTION OF A CONTINGENCY CONTRACT FOR EMERGENCY BUILDING RESTORATION SERVICES (CONTRACT NO. C23790). Mr. McCarthy noted the staff report and recommendation in the packets and stated that staff was available to answer any questions. Upon question by Councilman Spiegel, Risk Manager Gary Rosenblum explained the difference between the "Gold" level and "Silver" level of Red 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Alert service as outlined in the staff report. He said the "Gold" plan would cost $10,000 per year and would provide the highest preferred priority of all clients in the area in case there is a regional disaster. The contractor is called upon by many different clients, and the City would be at the top of the list. It would also provide consulting services on prearranging what type of services the City would need. Staff had determined that the benefit of the extra services for $10,000 was not worth it and recommended the "Silver" level to provide the City with contingency service at no cost. He added that there were currently no "Gold" level clients in the Coachella Valley, so "Silver" would be sufficient. If there were several other "Gold" clients in the Coachella Valley, it might be worth it for the City to be part of that group. The "Silver" level would provide the same service in terms of cleanup and restoration. He said the idea was to get City properties back whole as quickly as possible after an emergency. Mayor Crites said it would be helpful for the staff report to indicate why staff recommended contracting with this particular company, as he had not heard of this company and would not know whether it was better than any other. He said it would be nice for the Council to know who it is doing business with as well as how the company goes about obtaining all the materials after a disaster. Mr. Rosenblum noted that Belfor USA had its own equipment and its own employees and also hired individuals locally or regionally as needed. Belfor USA's expertise was in bringing in people and equipment to a site from other places as necessary. Upon question by Councilman Kelly as to why the City needed such a contract, Mr. Rosenblum responded that in the event of a large, regional earthquake, this type of service would be in great demand all over the Coachella Valley. A contingency contract meant the City would be pre - contracted with the company under controlled conditions rather than having to rush a contract hours after an earthquake while everyone else was trying to do the same thing. Mayor Pro Tem Ferguson stated that the staff report did not indicate how much the City would have to pay if the Council approved staff's recommendation for a contingency contract. Mr. Rosenblum responded that the cost would depend on the services the City needs at the time of the emergency. If City buildings were in such condition that offices could not be used (i.e., flooding from fire sprinklers, etc.), this contingency contract would ensure there were people who could come in to remove materials, clean up the water, etc., and get the building back to a usable condition. Costs incurred would be according to the usual 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 rate schedule for hourly labor, materials, equipment, etc. A rate schedule had already been established and would be made part of the contract so that in the event of an emergency, the City would not have to deal with contracting at perhaps higher fees due to the higher demand for those services and equipment. Mayor Pro Tem Ferguson questioned the statement in the staff report that "The Fire Department has reviewed the services provided by Belfor USA and made the determination that they would utilize them if provided under City contract." Mr. Rosenblum responded that Belfor made a presentation to the Fire Department outlining the types of services it could provide, specifically of the type that the City provided to the Fire Department after the fire at Bananaz. The Fire Marshal had asked for heavy equipment to move the damaged building around in order to sift through the building. City employees provided that service with rented equipment. In this instance, the City could have had trained professionals do this with equipment brought in by Belfor. While it may have cost more than having City employees do the work, it would be better from a risk and safety standpoint. The Fire Department considered the presentation and agreed that this would be the type of service it would find useful. Mayor Pro Tem Ferguson asked if this was something the Fire Department would otherwise provide. Mr. Rosenblum responded that this was the type of service that would utilize construction equipment (cranes, backhoes, loaders) in the fire scene, and he did not believe it was something the Fire Department would handle as a matter of course. Upon question by staff, Mr. Rosenblum responded that these were the types of costs that would be potentially recoverable under FEMA reimbursement, although there was no guarantee as far as how much would be recoverable. Councilman Kelly stated that he had been responsible for the equivalent of a five -city area in the past where all services (telephone, power, water, gas, etc.) had been lost. It was his experience that in times such as this, there are many agencies and organizations that want to provide assistance, and it is very simple to utilize that assistance. He said the City had fire resources from the entire State of California, law enforcement resources from the County of Riverside, etc., and he did not see a need for the City to lock itself into any particular contract. He felt the City would be able to react and solicit assistance from many different organizations in the event of an emergency, with a tremendous amount of the assistance being voluntary. 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Mayor Pro Tem Ferguson said he could see the utility of having somebody on standby, but he was uncomfortable sole sourcing a contract when he did not know the contractor, the rate schedule, what competitors might or might not offer, etc. He agreed with Councilman Kelly and said the City Manager had the authority up to a certain dollar amount to execute these contracts if he believed they were necessary at the time. He added that he would be more comfortable going out and getting all the information to make a fully informed decision or simply letting the City Manager take care of it when and if it is appropriate. Mayor Crites suggested that staff bring additional material to Council on this matter. Mr. Rosenblum noted that having a contingency contract with Belfor USA did not mean the City could not contract with other agencies; this firm would just be available to the City 24 hours a day, seven days a week. Councilman Spiegel moved to, by Minute Motion, direct the Risk Manager to develop a contingency contract with Belfor USA, Placentia, California, for emergency building restoration services. Motion was seconded by Benson and carried by a 3-2 vote, with Mayor Pro Tem Ferguson and Councilman Kelly voting NO. XV. CONTINUED BUSINESS A. ORDINANCE NO. 1094 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE TITLE 8, CHAPTER 8.16 AND 8.17, AUTHORIZING THE MANDATORY AUTOMATED COLLECTION OF SOLID WASTE, RECYCLING, AND GREENWASTE FOR ALL RESIDENTIAL UNITS (Continued from the meeting of April 14, 2005). Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this matterto a time uncertain. Motion was seconded by Spiegel. Councilman Kelly asked whether the City would be working toward automating all the gated communities in the meantime. Mr. Kohn responded that this was the goal. He noted that Waste Management was currently in discussion with several of the gated communities about automation, and a number of them would be switching over shortly. Councilman Kelly requested a progress report every few months to keep Council apprised of the progress. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Upon question by Mayor Crites as to continuance of this item to a date uncertain, Mr. Kohn responded that he felt continuing the matter to the second meeting in June would be sufficient. Mayor Pro Tem Ferguson amended his motion to continue this matter to the meeting of June 23, 2005. Councilman Spiegel amended his second, and the motion carried by a 5-0 vote. XVI. OLD BUSINESS None XVII. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL TO A DECISION OF THE PLANNING COMMISSION, APPROVING A PARCEL MAP TO ESTABLISH A ONE -LOT SUBDIVISION WITH A CONDOMINIUM OVERLAY AT THE 191-SPACE INDIAN SPRINGS MOBILE HOME PARK LOCATED AT 49-305 HIGHWAY 74 (APN 652-120-007) Case No. PM 31862 (Indian Springs, Ltd., Applicant/Appellant) (Continued from the meetings of February 10, and March 24, 2005). The following is a verbatim transcript of this portion of the Council meeting Kev BAC Buford A. Crites, Mayor RDK Rachelle D. Klassen, City Clerk RC Richard Close, Attorney for the Applicant MS Mari Schmidt, Indian Springs Mobile Home Owners Association President SRG Sheila R. Gilligan, ACM for Community Services BK Bob Kohn, Director of Special Programs RAS Robert A. Spiegel, Councilman RSK Richard S. Kelly, Councilman BAC That takes us to, then, public hearings, the first of which is an appeal to a decision of the Planning Commission having to do with the Indian Springs Mobile Home Park. And it is noted that we are being asked to continue this until May 26, 2005. RDK I have cards for this item. BAC This is a public hearing, and so I would ask, then...while the Council may very well wish to continue this matter on staff recommendation, if there are those who wish to offer comment this evening, now is the time. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 RC Thank you. My name is Richard Close. I'm the attorney for Indian Springs Mobile Home Park. I just wanted to do a couple of things. Number one, I want to give to the City Clerk copies of proposals that we've made to the City conceming the sewer hookup within the mobile home park. As you know, it's our belief that it is not necessary to connect this mobile home park to the City sewer system. We believe that the septic tank system is adequate and is being well maintained and is not presenting a problem. However, we are aware that the City, that the residents, that the Water District, and the Regional Water Quality Board do wish the park to be hooked up to the City sewer system. So our proposal would make this feasible. It would have an immediate hookup of all of the spaces. As you know, the City ordinance requires spaces only to be hooked up to the system when they are sold. Under our proposal, 100% of the spaces would be connected immediately. We believe that the funds will be coming from the Redevelopment Agency of the City to make this happen rather than the general budget. The grant funds for this project...the owner would, by contract with the City, provide that the funds that are granted by the City would be deducted from the purchase price of any lots...the lots, rather, that are purchased by the residents. The contract would further provide that the costs incurred by the owner would not be passed on to the residents as far as rent increases. Further, it would provide other benefits to the residents....$5,000 grants to low income residents who want to buy their lots. So there's a number of provisions that we think are good for the City, good for the residents, and make economic sense for the owner. With that, I want to hand to the City Clerk copies of the proposal, for each member of the City Council, the City Clerk, and the City Attomey. Thank you. BAC Are there others in the audience who wish to offer comment on this item this afternoon? MS Good afternoon. I'm Mari Schmidt. I wear a new hat that some of you may not know...I'm now President of the Indian Springs Mobile Home Owners Association. However, Mr. Close handed me this just as the meeting was convening. We haven't had an opportunity to go over it. The reason that I'm speaking to you is to let you know that we are vitally interested and will preserve our chain of law by appearing at this continued hearing. There would be many more people here had we not assumed that it would be continued to a later time. And rather than drum everyone out, which is quite possible, we sent a few representatives that are here in the audience. I have....in just briefly reading this, it seems that we've moved from the septic system is wonderful and you may have it forever to now a consideration of sewers, which the City will become a business partner of the property owner, and that's fine with us. We still contend that it is not our idea that the park is sold to us or anyone else for that matter. Therefore, the responsibility to bring the park up to standard and comply with the law is really the burden of the park owner, the present park owner. We have many people in the park who simply cannot afford to even consider purchasing their property. They are very concerned, and I read with...I'm appreciative to see it in here that apparently they will not be coming for a capital 22 I MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 improvement rent increase prior to the acceptance of the conversion, and that's something that we've spoken to a number of times before, that in the Rent Control Ordinance, or the proposed changes to it, which was one question I had of you, we wondered if Ken Barr was still working on the ordinance or if that has died a natural death or what the situation is there. But to continue my thought...the residents are afraid that prior to the conversion being concluded and one lot being sold, that there might be an application for rent increase based on these capital improvements which the sewer definitely is. Now I just remind you that we're concerned and want to share that with you. Is there anyone that can tell me what, if anything, is happening with the Rent Control Ordinance? SRG We brought it before the Council, and the City Attorney and Mr. Kohn are working on it...maybe I should have Mr. Kohn come up and give a status report. I know it's in the hands of the City Attorney right now. I believe Mr. Barr has completed his report. Am I correct? BK Yes, Mr. Barr has completed his work, and he also teaches Urban Planning in Europe, and he was gone for several months. The last time I talked with the City Attomey, Dave Erwin, there was a legal issue being considered through the courts which could impact a number of the changes that were being recommended. I don't know that that court case has made it through and is complete, so we're in kind of a hold pattern right now. MS So, the Rent Ordinance that is and has been in existence has not changed as of this date. SRG That is correct. The ordinance on the books is the one that we're administering right now. There are no amendments to it yet. MS Okay, thank you. I have nothing else unless you have questions. BAC Is there anyone else who wishes to offer comment this afternoon? Seeing no one, then a motion to continue to May 26th would be appropriate. RAS So moved. RSK Second. BAC Motion and a second, please vote. RDK Motion carries 4-0, with Councilmember Benson ABSENT from the Chamber. BAC Thank you. The second public hearing regarding a precise plan... 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 B. REQUEST FOR APPROVAL OF A PRECISE PLAN TO CONSTRUCT FOUR GENERAL OFFICE/WAREHOUSE BUILDINGS TOTALING 65,892 SQUARE FEET AND A HEIGHT EXCEPTION TO ALLOW VARYING ROOF HEIGHTS UP TO A MAXIMUM OF 34'6" FOR PROPERTY LOCATED AT 73-700 DINAH SHORE DRIVE Case No. PP 04-33 (Venture Corporation and Ware Malcomb, Thomas Sun, Applicants). Assistant Planner Tony Bagato reviewed the staff report and recommendation in detail, noting that the project had been endorsed by both the Architectural Review Commission and Planning Commission. Upon question by Councilman Kelly relative to reciprocal access, Mr. Bagato stated that the applicant was providing shared access to the west property line. To the east, a project had already been approved that has a building along this property line, and there currently could not be any access points; however, they were agreeing to make an offer that in the future there may be access there if that other project changes. He confirmed that the City, at Planning Commission level, had approved that project without requiring reciprocal access on the east side. Mayor Crites asked why the City had not required reciprocal access, as there was a policy in place requiring said access. Mr. Bagato responded that the City had not always asked for reciprocal access in the industrial areas; the project to the east was a self -storage facility, and projects like that were concerned with security. Councilman Kelly suggested that the Council reaffirm its decision and policy requiring reciprocal access for any development that has a parking lot like this. Mayor Crites agreed and said he felt any waiver of that requirement would need to be considered by the City Council. Upon question by Mayor Pro Tem Ferguson, Mr. Bagato responded that the self -storage facility had not yet been built, although the developer was working on grading plans. Upon further question, he responded that there was a condition of approval that this applicant enter into an agreement that there may be access to the east in the future. Mayor Pro Tem Ferguson noted that the height differential runs anywhere from 1'8" to 4'6", and he asked where the 4'6" was located. Mr. Bagato responded that it was at the very tip of the corner on the entry columns on the east and west sides of the building. Councilman Kelly asked why there would be two access points. With Dinah Shore Drive having four lanes, he felt it was important that as development 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 is done along that thoroughfare, there needed to be left -turn, right -turn, deceleration lanes, and as few curb cuts as possible. Mr. Bagato responded that having the shared access would eliminate future driveways from the other project to the west. He noted there would also be a deceleration lane for one of the driveways. Councilman Kelly said it made more sense to him to have deceleration lanes for both driveways. Mr. Bagato said that was a condition that could be added if Council chose to do so. Mayor Pro Tem Ferguson asked how wide the throats of the two entryways would be, and Mr. Bagato stated they would both be 55 feet. Mayor Crites asked whether another curb cut would be allowed for the property to the east when it is developed. Mr. Bagato responded that it would be allowed one driveway. Mayor Crites expressed concern with the total of three curb cuts and suggested that they be combined into one center driveway. He felt this would help with traffic flow. Mr. Bagato stated that these were very large parcels, and he was not sure whether this would be an issue with the Fire Marshal and/or developer. City Engineer Mark Greenwood stated that the entire Dinah Shore area had gone through quite a process of negotiation with the developers. The original concept in Public Works was to try and co -locate the driveways on each property line, which would generally result in one driveway per property. Every property would share two driveways, one on each side. Since traffic would be concentrated to those driveways, each should have a right-tum pocket because of the heavy traffic on Dinah Shore. When the self -storage project was being considered, the Public Works Department's original request was to have shared driveways; however, the response was that it could not be done with the self -storage product. Upon question by Councilman Kelly, Mr. Greenwood responded that the east side of this project was the self -storage facility, and that building was zero lot Tined around the perimeter. Their argument was that they could not share a driveway right on the edge because they had a secured complex. Mr. Greenwood noted that approval of the self -storage facility carved out a much smaller parcel that may eventually come to the City and require yet another driveway. Mayor Crites stated that the facility could have been designed to where it used a shared driveway into a secured gate, and Mr. Greenwood responded that this could have been done. Mayor Crites said it appeared staff was being directed to bring forward an ordinance for consideration of a policy requiring reciprocal access unless there is a Council exception. Council concurred. 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Councilman Spiegel asked why Dinah Shore was not being built at six lanes now rather than waiting for some time in the future, especially if it was anticipated to be one of the more heavily traveled streets in the City. Mr. Greenwood said the decision was made during approval of the overall tract map, No. 24255, that divided this area into the existing parcels. He said he had argued at that time that the street probably should be six lanes; however, after much consideration and discussion, it was not approved at six lanes. It could be changed to six lanes now, but curbs and gutters had already been poured. Mayor Crites said when Council had considered the General Plan, it was his understanding that very specific instructions had been given that streets should be designed to ultimate use, as Council did not want to ever go through what he considered an embarrassing prospect of tearing up concrete every time a street is widened. Mayor Pro Tem Ferguson asked if staff had estimated traffic counts, as that leg of Dinah Shore was the missing link on the Mid -Valley Parkway. Mr. Greenwood responded that the Palm Desert General Plan estimated 40,000 to 45,000 cars per day on what is now a four -lane road. In order to maximum traffic capacity, it was necessary to minimize driveways, provide right -turn pockets, minimize the number of signals, minimize left -turn movements, etc. Mayor Crites stated that allowing more projects in this area the way it is would only create more expense in the future when the City has to tear it all out. Mayor Pro Tem Ferguson asked why not require this developer to go to a setback on the right-of-way that would accommodate six lanes and use the extra space as an accelerator and deceleration lane — or set it back even further so that when the road is expanded to six lanes, there is still room for acceleration and deceleration lanes. Mr. Greenwood agreed and said it would be less expensive in the future if the City were to widen that road. Mayor Crites added that he felt discussion should be had with the developer of the self -storage facility before a grading permit is approved. Mayor Pro Tem Ferguson said he felt the Planning and Public Works Departments should get together and figure out a master plan for Monterey all the way to Cook on Gerald Ford and Dinah Shore. 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Upon question by Mayor Crites relative to changing conditions of approval for this project, Mr. Greenwood responded that staff would need time to go back through and make sure the conditions would accomplish what Councilmembers have requested. Upon further question by Mayor Crites, members of the Council indicated there was no objection to trying to accomplish the ultimate width issues as so discussed at this meeting with this project. Mayor Pro Tem Ferguson stated that if it does go from two entryways to one, he felt it should be between the two parcels; otherwise, one parcel will essentially be landlocked, with all the traffic going through the other parcel. Mayor Crites declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. MR. MARK PARRY, Venture Corporation, 600 Miller Avenue, Mill Valley, CA, said this development was comprised of 28 individual, privately -owned, business properties at 1,200 to 3,000 square feet each, seven properties in each building. With regard to the architectural component, he said he was caught off guard this afternoon, as he had worked diligently with City staff to get to a design that would break up the boxiness and create some relief with elevations, textures, heights, colors, etc. He added that he agreed with the conditions up to this Council meeting and was willing to accept them as written. He noted that the center driveway was there because of a left-tum pocket that already exists in the street. The project would include a deceleration lane on the east side. There would also be covered parking on both sides. No further testimony was offered. Councilman Spiegel moved to, by Minute Motion, continue this public hearing to the meeting of June 9, 2005. Motion was seconded by Kelly and carried by a 5-0 vote. 27 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 Upon motion by Spiegel, second by Ferguson, the following public hearing was added to the Agenda by a 5-0 vote: C. CONSIDERATION OF FINAL PUBLIC COMMENTS REGARDING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING. Mr. Hargreaves stated that although this item had been noticed for a public hearing, it really was not yet ready for Council action. Staffs recommendation was that it be opened and continued to a date uncertain. Mayor Crites declared the public hearing open. Mayor Pro Tem Ferguson moved to, by Minute Motion, continue this matter to a date uncertain. Motion was seconded by Spiegel and carried by a 5-0 vote. XVIII. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Consideration of Altemative Date for the Fiscal Year 2005/06 Budget Study Session. Mrs. Klassen noted that the Budget Study Session had tentatively been scheduled for Tuesday, June 7" ; however, it appeared that date would not work, and she requested consideration of an alternate date. With City Council concurrence, it was determined that the Study Session would remain scheduled for 9:00 a.m. on Tuesday, June 7, 2005. 28 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 12, 2005 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: None o City Council Committee Reports: None o City Council Comments: None XIX. ADJOURNMENT With City Council concurrence, Mayor Crites adjoumed the meeting at 6:18 p.m. ATTEST: RACHELLE s ' LAS. N, CITY CLE CITY OF PALM DESERT, CALIFORNIA BUFORD A. CRITES, MAYOR 29