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HomeMy WebLinkAbout2006-02-09MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, FEBRUARY 9, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Ferguson convened the meeting at 3:02 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Excused Absence: Councilman Buford A. Crites Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM Community Services Homer Croy, ACM Development Services Justin McCarthy, ACM Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Mark D. Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Acting Director of Special Programs Walt Holloway, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside C. Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk 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 FEBRUARY 9, 2006 1) Property: 10 acres ±, NEC Country Club Drive/Desert Willow Drive Negotiating Parties: Agency: Carlos L. Ortega/Justin McCarthy/City of Palm Desert Property Owner: Sanderson J. Ray/Desert Springs Partners Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9(a): a) Indian Springs, Ltd., v. City of Palm Desert, et al., Riverside County Superior Court Case No. INC 053903 Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Negotiating Party: Carlos L. Ortega/City of Palm Desert Upon a motion by Spiegel, second by Benson, and 3-0 vote of the City Council, with Crites and Kelly ABSENT, Mayor Ferguson adjourned the meeting to Closed Session at 3:03 p.m. He reconvened the meeting at 4:00 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. APPOINTMENT TO THE PALM DESERT YOUTH COMMITTEE. Councilmember Benson moved to, by Minute Motion, appoint Jonny Rohrbaugh to the Palm Desert Youth Committee (term 12/31/06). Motion was seconded by Spiegel and carried by vote of 4-0, with Crites ABSENT. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of January 26, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 147, 148, 149, 152, 153, 154, 157, 158, and 159. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for November 2005 and December 2005 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Marketing Committee Meeting of November 15, 2005. 2. Parks & Recreation Commission Meeting of January 4, 2006. 3. Public Safety Commission Meeting of October 12, 2005. 4. Sister Cities Committee Meeting of December 15, 2005. Rec: Receive and file. E. REQUEST FOR AUTHORIZATION to Reject the Sole Bid and Re -advertise the Palm Desert Highlands Utility Undergrounding Assessment District No. 04-01 (Contract No. C24460). Rec: By Minute Motion: 1) Reject the sole bid by Stronghold Engineering, Inc., Riverside, California; 2) authorize the project to be advertised for re -bid. F. REQUEST FOR APPROVAL of the Award of Bid to Construct Personal Storage Units at Fire Station No. 33 (Town Center Way). Rec: By Minute Motion: 1) Approve of and award the subject bid to Mastercraft Cabinets, Palm Springs, California, in the amount of $28,080 for eight (8) three -unit and three (3) two -unit personal locker storage pieces at Palm Desert Fire Station No. 33; 2) appropriate $28,080 from Account No. 231-4220-422-4001 for this project. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 G. REQUEST FOR APPROVAL of the Purchase of Personnel Record Tracking Software System for the Human Resources Department. Rec: By Minute Motion, approve the purchase of HTE tracking software for the Human Resources Department in the amount of $19,600 — funds are available in Account No. 110-4190-415-2120. H. REQUEST FOR APPROVAL of Contract for StateNet Legislative Tracking Services (Contract No. C24860). Rec: By Minute Motion, approve the subject contract with StateNet, Sacramento, California, in the amount of $1,740 to provide legislative and regulatory reporting services, and authorize the Mayor to execute same — funds are available in Account No. 110-4112-410-3060. I. REQUEST FOR APPROVAL of Out -of -State Travel forthe Afterschool Policy Advisors' Network (APAN) Summit in Washington, D.C. This item removed for separate discussion under Item VII - Consent Items Held Over. Please see that portion of the Minutes for discussion and resulting action. Councilman Spiegel asked that Item I be considered separately. Upon a motion by Spiegel, second by Kelly, and 4-0 vote of the City Council, with Crites ABSENT, the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER I. REQUEST FOR APPROVAL of Out -of -State Travel forthe Afterschool Policy Advisors' Network (APAN) Summit in Washington, D.C. Councilman Spiegel thanked Councilmember Benson for agreeing to take this trip with City staff. He said the After School Program was very important to the City, at both Lincoln Elementary and Palm Desert Middle Schools, and anything that could be done to extend it to other schools in the District would be greatly appreciated . Further, he related that Lincoln Elementary School just got word that it was receiving a "Presidential Youth Environmental Award." He said Lincoln's Principal, Nelda Esmerelda, would be traveling to Washington, D.C., with a couple of her students to personally receive the award. Councilman Spiegel moved to, by Minute Motion, approve the subject out-of-state travel for the Senior Management Analyst/Community Services, Assistant City Manager/Community Services, and Councilmember Jean Benson to attend the inaugural 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 National League of Cities Afterschool Policy Advisors' Network (APAN) Summit, scheduled for May 22-24, 2006 — funds are available in the FY 2005/06 Budget, Account Nos. 110-4416-414-3061, 110-4132-411-3120, and 110-4110-410-3120, to cover registration, airfare, accommodations, and other incidental expenses associated with attendance at this event. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. VIII. RESOLUTIONS A. RESOLUTION NO. 06-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2005/06 BUDGET AS A RESULT OF MID -YEAR ADJUSTMENTS. Mr. Ortega noted the report provided for this item, which contained good news in that revenues were expected to be higher than originally anticipated when the budget was adopted. He added that there were some small increases in the expenses, but there was an overall net gain. Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution No. 06-14. Motion was seconded by Spiegel and carried by 4-0 vote, with Crites ABSENT. B. RESOLUTION NO. 06-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE SUBDIVISION MAP OF PARCEL MAP NO. 33646 (Mary K. Stoltzman/ Scotelle Development, LLC, Applicant). Mr. Greenwood reported that the subject tract was located along the east side of Portola Avenue, north of Country Club Drive, and conformed to all the conditions of approval. Therefore, staff recommended adoption of the resolution. Upon inquiry, he said it was an office project at the aforementioned location. Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution No. 06-15. Motion was seconded by Benson and carried by 4-0 vote, with Crites ABSENT. IX. ORDINANCES For Introduction: None 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 For Adoption: A. ORDINANCE NO. 1107 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT. Councilman Spiegel moved to waive further reading and adopt Ordinance No. 1107. Motion was seconded by Kelly and carried by a 4-0 vote, with Crites ABSENT. X. NEW BUSINESS A. REQUEST FOR APPROVAL OF ACTIONS RELATED TO THE CONTRACT FOR INSTALLATION OF LANDSCAPING ON THE COUNTRY CLUB DRIVE MEDIAN FROM TAMARISK ROW DRIVE TO HARRIS LANE (CONTRACT NO. C24670, PROJECT NO. 933-04). Councilmember Benson moved to, by Minute Motion: 1) Authorize the low bidder, Hort Tech, Inc., Bermuda Dunes, California, to withdraw its bid for the subject project; 2) award the subject contract to Pink, Inc., Palm Desert, California, in the amount of $247,230.91; 3) authorize a 10% contingency for the project in the amount of $24,723.09; 4) authorize the Mayor to execute said contract — funds are available in Account No. 400-4614-433-4001. Motion was seconded by Kelly and carried by vote of 4-0, with Crites ABSENT. B. REQUEST FOR APPROVAL OF GRANT FUNDING TO THE DESERT SANDS UNIFIED SCHOOL DISTRICT FOR FACILITY IMPROVEMENTS AT THE WALLAROO CHILDCARE CENTER (44-911 CABRILLO AVENUE) FROM THE CITY'S CHILD CARE DEVELOPMENT FEES FUND 228. Councilmember Benson wondered why Desert Sands now needed a grant to rehabilitate the Wallaroo Center when they previously indicated that there was plenty of money for it. She recalled that they needed the building in order to relocate and expand their existing facilities; however, she didn't think the District had put any of its own money into it yet. MS. DEBRA LOUKATOS, Early Childhood Education Coordinatorfor Desert Sands Unified School District, advised that the District very much appreciated what had transpired with the Wallaroo Center; they already had preschool classrooms set up there. She went on to say that when the Wallaroo Center was established with the District, it was with the intent that renovations would be made as funding for them was acquired. She said the District had plenty of programmatic money, but no renovation money, so they were applying for it from various sources. In addition to the subject grant 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 request, she said they would also be applying for ABC Task Force funds through First Five Riverside, which was offering renovation funds in the near future. Councilmember Benson acknowledged that the building was in bad shape, but the City already spent $37,000 cleaning things up before the District moved into the Center. Senior Management Analyst Martin Alvarez remarked that based on his evaluation of the site, the additional upgrades being requested were warranted to further improve the facility. He confirmed that this request represented the only grant the Center had applied for from the City's Child Care Mitigation Fees Fund, and the itemized improvements totaled $46,000 (i.e., energy efficiency upgrades, fire protection equipment, interior/exterior painting, outdoor drinking fountain, and indoor sink renovations). Councilmember Benson added that she was not opposed to granting the request but wanted to clarify the previous representations. Councilman Spiegel moved to, by Minute Motion: 1) Approve a $46,000 grant to Desert Sands Unified School District/Early Childcare Education Program for facility upgrades at the subject center; 2) appropriate $46,000 from the Child Care Mitigation Fund 228; 3) authorize the City Manger to execute the required agreement (Contract No. C24870). Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. C. REQUEST FOR AWARD OF CONTRACT FOR ON -CALL CITYWIDE TRAFFIC SIGNAL SUPPORT SERVICES (CONTRACT NO. C24880). Mr. Greenwood related that while the City has its own Traffic Signal Maintenance Technician, with all the new construction activity in the City, a great deal of his time was spent at those sites providing support and coordinating with contractors to make adjustments on signals adjacent to the new projects. As a result, the City's own routine maintenance and repair schedule is falling behind; therefore, staff was asking for the subject contract to assist with routine maintenance. Responding to question, he said this contract would not include Highway 111 once it was under the City's jurisdiction; he was unsure what the additional cost for that would be at this time. Councilman Spiegel moved to, by Minute Motion, award the subject contract to Republic Electric, Anaheim, California, in an amount not to exceed $40,000 and authorize the City Manager to extend the agreement for up to one year — funds are available in Account No. 110-4250-433-3325. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 D. CONSIDERATION OF REQUEST FOR INSTALLATION OF TRAFFIC SIGNAL AT THE INTERSECTION OF COUNTRY CLUB DRIVE AND THE ENTRY TO SILVER SANDS RACQUET CLUB (PLAZA DEL SOL). Mr. Greenwood explained that a resident of Silver Sands Racquet Club approached the City to request installation of a traffic signal on Country Club Drive at their main driveway. Thereafter, staff went through the required analysis for the first time in November, followed by another study in January. He said although the location meets one of the eight warrants, staff didn't believe it rose to the level requiring a signal at this time. For this reason, staff recommended against installing a signal; however, the location will be kept under observation to see if it needs further attention in the future. MR. RAY HIGHSMITH, resident of Silver Sands Racquet Club, Palm Desert, complimented staff for the thorough review of their situation. He noted that as a resident of his development, his job as a volunteer was to look out for the safety and security of all its residents. Therefore, he wished to ask for the City Council's consideration of some of the intangibles, noting that at their entrance, Country Club Drive was a 50 miles -per -hour speed zone. He said in order to make a left-hand turn onto Country Club, a driver needed to make eight specific judgments —both sidewalks (their development plus over to the bank), four lanes of traffic and a turn lane, in addition to the heavy traffic volume —which he felt was very dangerous. He understood it was a great deal of expense but felt it would be justified if one life was spared. On the analyses, he noticed that the entry numbers were substantially higher than the exiting, which he attributed to residents' fear of the dangerous condition at the main entry, forcing them to take a less direct route to their destination from the rear gate. He encouraged the City Council to give further consideration to their request. Mayor Pro Tem Kelly observed that the rear gate's access point was on Hovley Lane, which was an easier entry/exit and only one block from the main gate. He said this needed to be taken into account, adding that if a traffic signal was installed each time someone requested one, there would be a signal every block. He remarked that he often drove farther out of his way in the interest of safety; Silver Sands residents should be willing to use the rear gate to get to a signal and then proceed in any direction they wished. MR. HIGHSMITH agreed, but pointed out that the variable for them now is addition of Canyon National Bank, the Seventh Day Adventist Church and School, plus new construction of office buildings all using the same exit. Responding to Councilmember Benson, Mr. Highsmith didn't think a right - turn only restriction would benefit Silver Sands residents. She went on to emphasize that if the access was labeled in that manner, it would be a safer 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 intersection, adding that the City recently instituted this measure at the Fred Waring entrance to the Civic Center. Upon Mr. Highsmith's further inquiry, Mr. Greenwood said staff believed it had captured the intersection's performance during peak season this year. Staff would continue to monitor the location, watching for accident reports and any other evidence demonstrating an increased risk. If that was the case, staff would reconsider. In further response, he answered that it was unlikely this location would meet any more warrants in the future. He added that this analysis included the driveway on the north side of Country Club because it lines up directly with Silver Sands; however, even though it has an alternate access, additional volume may occur since that project isn't built out. He reiterated that staff would really be monitoring for safety. MS. DEBBY BYK, resident of Silver Sands Racquet Club, appreciated the City Council's review of their request. She agreed with Mr. Highsmith's comments, asking that consideration be given for the 32,000 cars that pass in front of their gate at Country Club Drive, which she believed may as well be closed since most of the people were now using the rear gate that added extra travel time. She offered that if cost was a factor, she'd recently read that the signal at Washington Street and Country Club Drive was being replaced; their development wouldn't object to getting second-hand equipment. She was frustrated over waiting at the Country Club gate for more than five minutes each time and hoped there wouldn't be any problems. MS. STELLA LEONARD, Director of the Boehm Child Development Center on Country Club Drive, Palm Desert, said she was concerned for traffic flow with parents dropping off/picking up the students at her school. She said that represented 360 trips, with approximately 180 families involved in that activity twice a day between 7:00 a.m. and 8:00 a.m., and 2:30 p.m. and 6:00 p.m. She noted that even when she makes a left-hand turn after 6:30 in the evening, there were still a lot of cars traveling quite fast along Country Club. She suggested a "When Children are Present" school zone speed limit for this section of the thoroughfare, as was done for the two child development centers along Washington Street. Although the Racquet Club had an altemative exit point, she noted that their location only had the one at Country Club. Further, when she traveled Highway 111 this afternoon, she counted six traffic signals between Cook Street and Portola Avenue; there were currently only three lights along that same distance of Country Club Drive. MR. BILL ROUSE, Principal of the Desert Adventist Academy on Country Club Drive, Palm Desert, believed that although the posted speed limit was 50 miles per hour, cars were not traveling that speed, which increased the liability when coming out of that area. He invited City officials to personally 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 experience the traffic at their entry/exit to see what they go through on a daily basis. Mayor Pro Tem Kelly commented that there was a lot of traffic everywhere, and it was more often than not that a trip around the block was now required in order to stay safe —a lot of cities established one-way streets for this reason. He noted that the City wasn't happy that Highway 111 was one of its worst traffic bottlenecks, and if it could find a way to alleviate that, it would. Mayor Pro Tem Kelly moved to, by Minute Motion, concur with staff recommendation that installation of a traffic signal on Country Club Drive at the entry to Silver Sands Racquet Club is not warranted at this time. In response to Councilmember Benson's question, Mr. Greenwood answered now that staff is aware of the childcare center there, it would take a look, as it has been the City's practice to post all public and private schools. Mayor Ferguson seconded the motion and called for the vote, and the motion carried 3-1, with Spiegel voting NO and Crites ABSENT. XI. CONTINUED BUSINESS A. CONSIDERATION OF RECOMMENDATION BY THE HISTORIC PRESERVATION COMMITTEE RELATIVE TO IDENTIFYING A POTENTIAL HISTORIC SITE, PALM DESERT LODGE, 74-527 HIGHWAY 111 (Continued from the meetings of November 10, and December 8, 2005). In response to question, Mayor Pro Tem Kelly felt that before it could act, the City Council still needed more information from the Historic Preservation Committee. Mayor Ferguson pointed out that in reviewing the Historic Preservation Ordinance as a result of the recent Study Session with the Committee, once the process of considering whether or not a property is historic begins, the property owner's hands are tied until a final determination is made. Consequently, he was concerned about the Palm Desert Lodge owner's position. Mr. Hamidzadeh responded that the property owner and his representatives were present at the last Historic Preservation Committee Meeting on January 30 where new information was provided. However, adjacent property owners located within a 300-foot radius were not notified at that time; although, they would all be notified for the upcoming Committee 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 Meeting on February 27. It was expected that a final recommendation to the City Council would be made at that time. Upon further inquiry, staff explained that even if the Committee makes a definitive recommendation at its February 27 Meeting, there will not be adequate time to make the required 10-day public hearing notification schedule for the City Council's March 9 Meeting. Councilmembers concurred that it was important to make a decision as quickly as possible. Councilman Spiegel suggested continuance to the second meeting in March, and Mr. Hamidzadeh agreed. Councilman Spiegel moved to continue consideration of the potential historic site designation for Palm Desert Lodge to the City Council Meeting of March 23, 2006. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. Responding to City Council comments, Mr. Hamidzadeh commented that he was having the Historic Site Preservation Ordinance reviewed for any necessary adjustments, which would be presented to the City Council for consideration. 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 meetings of January 12, and January 26, 2006). Councilman Spiegel moved to, by Minute Motion: 1) Grant $13,139.22 to Palm Desert Presbyterian Preschool & Kindergarten for playground improvements and plumbing upgrades; 2) appropriate said funds from the Child Care Mitigation Fund 228; 3) authorize the City Manager to execute the required agreement (Contract No. C24050). Motion was seconded by Benson. Mayor Pro Tem Kelly advised that he would be voting against the motion for the following reasons. First, he didn't see how improvements could be made to one portion of a religious facility that wouldn't benefit the entire organization. Secondly, he felt there may be some unfairness in that there were many other childcare development centers in the community operated by religious organizations, and they all did an excellent job. Lastly, he was concerned by the amount of time this had taken and the fact that two separate law offices had to get involved to figure out what kind of information the Council should be given. It all added up to a big problem for him. Further, he offered that after personally spending 20 years on the board of a religious preschool, it was better off staying away from cities making donations. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 Councilman Spiegel agreed that it had taken a long time to get the information from the attorneys. But once received, it indicated $13,000 from the City for a minimal amount of improvement at the school would be appropriate, which led him to move for approval. Councilmember Benson added she assumed Councilman Spiegel's motion included staff recommendation number 3, which required an agreement similar to what First Five stipulates for faith -based organizations, "...that sectarian activities may not be conducted with any of the items purchased with public funds." She was comfortable if that language was included in the agreement and felt the school would be a worthy recipient. Mayor Ferguson related that all three of his children attended the Presbyterian Preschool, he's an elder at the Presbyterian Church and attends services there. He wanted his children to attend there because it is a Christian educational environment, not necessarily the curriculum, but they were comfortable there, they recognized it as a house of God, and all three had wonderful formative years there. On repeated occasions, he'd previously said he didn't think the grant would be appropriate; an Article under the California Constitution says that no money shall ever be given from any public body or fund, whatsoever, to any sectarian school, period. He got the memo from Richards, Watson & Gershon saying that article was not absolute, and he was eager to read the associated case, California Teachers Association v. Riles, decided by the California Supreme Court. He went on to say that the facts of that case reflected the Legislature authorized the Superintendent of Education to make surplus text books available to sectarian schools on a loan (no money was involved), and the California Supreme Court struck it down as violating the Constitution, even though no money was involved. He said the reasoning given was that by giving the books to the sectarian schools, they were being relieved of the overhead that they would have otherwise had to expend to obtain said textbooks, and it was an unnecessary entanglement of government and religion. Although he dearly loved the school, people of the church, and considered it his home, if he was going to be intellectually honest with himself, funding for playground equipment and pipes was no different than funding schoolbooks, which the California Supreme Court and California Constitution both say cannot be done by public bodies. He couldn't, in good conscience, vote in favor because they were his friends, and he liked what they did; the law is what it is. Further, it was unfortunate that it would likely result in another 2-2 vote, as it did at the last meeting when he was absent, adding that he didn't think his position had been any secret, nor was that of Mayor Pro Tem Kelly's or Councilman Crites'. Mayor Ferguson called for the vote, and the motion FAILED on a 2-2 vote, with Benson and Spiegel voting AYE, Kelly and Ferguson voting NO, and Crites ABSENT. No further motion was offered for this matter. 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 XII. OLD BUSINESS None XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE COACHELLA VALLEY WATER DISTRICT FOR APPROXIMATELY 5.84 ACRES OF VACANT LAND AT THE SOUTHEAST CORNER OF BEACON HILL DRIVE AND HOVLEY LANE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT AGENCY). Mr. Ortega noted that before the Redevelopment Agency can sell or trade Agency property, there must first be a public hearing. He explained that the Agency is selling a piece of property next to the Coachella Valley Water District (CVWD); in return, it is getting a piece of property from CVWD along Portola, in addition to obtaining an option for a specified period of time to acquire some land if the City needs it for a street on its eastern side. In response to question, Mr. Ortega confirmed that CVWD would be both paying the Agency $2,670,000 for its land and conveying the property it currently owns along Portola Avenue. Mr. McCarthy added that the Agency would be paying CVWD for its land, valued at $544,000, and the Agency would also receive a 10-year option on land for future right-of-way. Chairman/Mayor Ferguson declared the public hearing to be open and invited testimony on this matter. With no public testimony offered, he declared the public hearing closed. Member/Councilman Spiegel moved to waive further reading and: 1) Adopt Redevelopment Agency Resolution No. 516, approving a Disposition and Development Agreement (DDA) with the Coachella Valley Water District; 2) adopt City Council Resolution No. 06-13, approving a Disposition and Development Agreement (DDA) with the Coachella Valley Water District. Motion was seconded by Kelly and carried by a 4-0 vote. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 B. REQUEST FOR APPROVAL OF A STREET NAME CHANGE FOR THE WESTERLY PORTION OF GREENE WAY (Continued from the meeting of January 12, 2006). Mr. Greenwood stated that since posting of the agenda, staff had made a different determination and was now asking for continuance to the City Council's next meeting, February 23, instead of an indefinite time. Mayor Ferguson declared the public hearing open and invited public testimony. No public testimony was offered at this time, and the public hearing was left open. Councilman Spiegel moved to continue the public hearing on a street name change for the westerly portion of Greene Way to the meeting of February 23, 2006. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. C. CONSIDERATION OF THE APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW A 10,856 SQUARE FOOT SINGLE-FAMILY HOME WITHIN THE HILLSIDE PLANNED RESIDENTIAL ZONE-630 PINNACLE CREST (CANYONS AT BIGHORN, APN 771-470-006) Case No. PP/HPD 05-27 (Kristi Hanson / Architect, Applicant). Assistant Planner Ryan Stendell reviewed the project, pointing out that the property is located very low on the mountain, more than 130 feet lower than the ridge to the east, and zoned Hillside Planned Residential. He said there was an existing pad of 32,000± square feet, part of the original approval of the Canyons at Bighorn; the subject project included a request to add 5,000 square feet of property to the pad that was formerly used as common open space/buffer between the golf course and these lots. He explained that the extra 5,000 square feet would only be used to locate the house slightly farther out to gain a view of the golf course below; and only 500 square feet of the house would be placed there, the rest would remain landscaped open space but transferred to a private owner. He related that the home would have 8,878 square feet of main living area with an 1,800 square foot garage, and it featured contemporary architectural design, utilizing a lot of stone veneer, native stone colors, angled roof lines, and bronze windows; the landscape plan shows a wide variety of native trees and shrubs. He commented that as with all hillside -zoned lots, all cuts or fills disturbed during construction would be renaturalized. The project required the City Council to approve two exceptions: 1) An additional 5,000 square feet of building area; 2) the 10,856 square foot home, which exceeds the maximum dwelling unit size of 4,000 square feet per the new Hillside Ordinance. He observed that the Planning Commission and City Council have the ability to approve larger pads and home sizes based on the criteria of view shed, topography, color, texture, and architecture of any structure. Given that the home would be located very low on the mountain, it would not be seen from the City or 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 any adjacent developments, and staff believed the superior architecture justifies the exception and meets the intent and purpose of the Hillside Planned Residential zone. He said staff wished to propose an additional condition under Department of Community Development requirements: "No. 7 — Applicant is to install energy efficiency mitigation measures as may have been approved or adopted by the City at the time of permit issuance." He closed by stating staff recommended approval, subject to the conditions presented. In response to question whether the structure would be visible from Highway 74, Mr. Stendell said it absolutely would not be seen. Further responding to question whether the subject lot was in an area previously reserved, he answered that the subject parcel was not on the ridge; there were four or five lots on the ridge as well as some below that were set aside during the original zoning for The Canyons at Bighorn. He said the subject lot fell into the Hillside Zone but was very much below the ridge. He went on to say the whole street going north had two or three houses on it, but it was in the more neighborhood -type part of Bighorn and not on the ridge where a few scattered houses were located. He was unsure what the exact pad size and square footage of the house next door to the proposed residence was but felt it was comparable. Mayor Ferguson declared the public hearing open and invited testimony for this case. MS. KRISTI HANSON, Applicant, said she was also unsure of the exact size of the house next door to her project, but she believed it was in the range of 8,000 square feet of living area and a very comparable lot. She went on to explain that the only reason they were pushing this lot out was because the house next door built a patio structure to the extent that it completely blocked the subject project's view, and they were trying to inch out a little bit in order to see the golf course. She said in one of the photo simulations they'd submitted, it showed the house next door and how this project was tucked in right behind it. To the right of this project is a street that is probably 15 feet above it, with another lot above that. She said that amounted to not being able to see the subject house from anywhere except driving on the street within Bighorn. With no further public testimony offered, Mayor Ferguson declared the public hearing closed. Mayor Pro Tem Kelly moved to waive further reading and adopt Resolution No. 06-16, approving a Precise Plan of Design to allow construction of a 10,856 square foot single-family home within the Hillside Planned Residential Zone, as amended to include Department of Community Development Condition No. 7 regarding energy efficiency. Motion was seconded by Spiegel and carried by 4-0 vote, with Crites ABSENT. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 XIV. REPORTS AND REMARKS A. CITY MANAGER 1. Reoort on Section 29 Assessment District. Mr. Ortega commented on the report included in the agenda packets, describing the process being followed by staff to accomplish the major infrastructure improvements in Section 29 (all the undeveloped property west of Portola Avenue to Monterey Avenue). He said the project was scheduled to begin in October 2006; however, he understood the concern about the widening of Monterey Avenue, and staff was attempting to negotiate with the property owner in order to handle it as a side project. He pointed out if that were to occur, it would be strictly at the City's expense and be not included in the Assessment District; if successful with the property owner, staff would return to the City Council with that possibility. Responding to Councilman Spiegel's concern that Monterey Avenue be widened at one time, Mr. Greenwood said although completion of the improvements in front of Lowe's will occur before the next section of Monterey is widened to the north, the striping would not be revised until the entire segment of the street is widened. Mayor Pro Tem Kelly asked about instituting Ordinance No. 416 to complete the necessary improvements on Monterey, as well as the extension of Portola Avenue to Dinah Shore Drive. Mr. Greenwood responded that to this point, all efforts had been focused on the assessment district method. Mr. Erwin recalled for the City Council that when Ordinance No. 416 was previously utilized, a revolving fund was established and financing was offered to developers; he was unsure of the present fund balance. Mayor Pro Tem Kelly believed the initial $200,000 fund balance was still in place, because as prior projects were initiated, land owners opted to pay as the work was done. He urged use of that fund money on the Monterey widening and asked for such a report at the City Council's next meeting. Mr. Erwin agreed. Mr. Greenwood added that there were a couple of factors complicating acceleration of the work on Monterey Avenue, the first being relocation of the Edison transmission lines. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 Mayor Pro Tem Kelly believed it should be made clear that Edison could achieve an economy of scale by relocating lines on that whole segment of Monterey. With City Council concurrence, the report was received and filed, with staff directed to retum to the next City Council Meeting with a report on how Ordinance No. 416 could be applied for street widening/extension for both Monterey and Portola Avenues. 2. Consideration of Coachella Valley Association of Governments (CVAG) 2006 General Assembly Meeting and Joint Meeting with Western Riverside Council of Governments (WRCOG). Mr. Ortega noted that the City was asked for its input on CVAG's intention to conduct its annual General Assembly jointly with WRCOG, including guest speaker Rudolph Giuliani, former Mayor of New York City. He said CVAG as a whole had indicated its general support of this proposal. Councilman Spiegel felt the speaker was great but the location wasn't. Mayor Pro Tem Kelly commented that he felt both the location and the ticket price ($100 ea.) were inappropriate for a regional government association's annual meeting. However, he said if CVAG chose to go ahead with it, he'd probably want to participate. Councilmember Benson said although she would like to hear Mr. Giuliani speak, she, too, felt it was inappropriate for CVAG's annual meeting. City Councilmembers concurred that they generally did not support the proposal. B. CITY ATTORNEY None C. CITY CLERK None 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 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. Appointment to the Parks & Recreation Commission — Councilman Spiegel indicated his desire to add an item to this agenda in order to make an appointment to the Parks & Recreation Commission to fill the vacancy created by Van Tanner's appointment to the Planning Commission. He noted that Dr. Roger Dash attended the last Parks & Rec Meeting, was very enthusiastic about it, and felt he had a lot to offer there. Councilman Spiegel moved to add this consideration to the agenda. Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. Councilman Spiegel moved to, by Minute Motion, appoint Dr. Roger Dash to fill the position formerly held by Van Tanner (term 12/31/09). Motion was seconded by Kelly and carried by 4-0 vote, with Crites ABSENT. 2. Building Industry Association (BIA) Earth Dav — Mayor Ferguson commented that he was approached by the BIA, which was sponsoring an Earth Day for Water and Energy Conservation. They weren't seeking any money but wanted to work with the City's new Office of Energy Efficiency. He said the BIA was working with an engineering firm to show builders how to truly achieve energy conservation in new construction. He asked if his colleagues agreed that this could be passed along to Pat Conlon for further review, and if so, it could be brought back to the City Council for report. Councilmembers concurred with the request. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 9, 2006 o City Council Committee Reports: 1. Coachella Valley Animal Campus — Councilmember Benson reported that the Animal Shelter was officially opened this moming, although it's been operating for the past two or three weeks. She thanked Mrs. Gilligan for having the brochure developed, this morning's reception, and the yeoman's job she'd done on the Friends Committee. The facility has already generated a great deal of excitement and support, and she looked forward to many more good things to come. Additionally, she said there would be a general public opening this Saturday, February 11, from 11:00 a.m. to 5:00 p.m. o City Council Comments: None XV. ORAL COMMUNICATIONS - C MS. CAROL BYRON, resident of Indian Springs Mobile Home Park, Palm Desert, noticed that there was a matter regarding Indian Springs on today's Closed Session agenda that hadn't yet been reported out. Mayor Ferguson responded that by law, existing litigation was a matter that the City Council was required to meet on in Closed Session; however, there was no reportable action taken on the matter at this meeting. He encouraged Ms. Byron to speak with City staff after the meeting about the status of Indian Springs. XVI. ADJOURNMENT Upon a motion by Spiegel, second by Kelly, and 4-0 vote of the City Council, Mayor Ferguson adjourned the meeting at 5:15 p.m. ATTEST: APN RQCHELLE E.KLASSSE 1, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 19