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HomeMy WebLinkAbout2006-05-11MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 11, 2006 CIVIC CENTER COUNCIL CHAMBER 1. CALL TO ORDER - 3:00 P.M. Mayor Pro Tern Kelly convened the meeting at 3:00 p.m. II. ROLL CALL Present: Excused Absence: Councilmember Jean M. Benson Mayor Jim Ferguson Councilman Buford A. Crites Councilman Robert A. Spiegel Mayor Pro Tern Richard S. Kelly - Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Homer Croy, ACM for Development Services Justin McCarthy, ACM for 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 Patrick Conlon, Director of the Office of Energy Management Mark D. Greenwood, Director of Public Works David Yrigoyen, Director of Redevelopment & Housing Frankie Riddle, Acting Director of Special Programs David Avila, Fire Marshal, Palm Desert/Riverside County Fire Dept./CDF Walt Holloway, Battalion Chief, Palm Desert/Riverside County Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside County Sheriff's Dept. Grace L. Mendoza, Deputy City Clerk 111. ADJOURN TO CLOSED SESSION Reauest for Closed Session: Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Mr. Erwin asked the Agency Board to add the following item to the Closed Session Agenda: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) Property: Right -of -Way Acquisition -Monterey Avenue (APNs 653-260-022 / 024) Negotiating Parties: Agency: Carlos L. Ortega/Mark D. Greenwood/City of Palm Desert Property Owner: MacLeod Couch Land Company / MC Properties Under Negotiation: x Price x Terms of Payment Upon a motion by Councilman Spiegel, second by Councilman Crites, and a 4-0 vote of the City Council, with Mayor Ferguson ABSENT, the Real Property item was added to the Agenda for Closed Session consideration. Upon a motion by Councilman Crites, second by Councilman Spiegel, and a 4-0 vote of the Agency Board, with Mayor Ferguson ABSENT, Mayor Pro Tem Kelly adjourned the meeting to Closed Session at 3:01 p.m. He reconvened the meeting at 4:01 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS None VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of April 27, 2006. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 210, 211, 214, 215, and 220. Rec: Approve as presented. 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for March 2006 (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Art In Public Places Meetings of November 16, 2005, and March 15, 2006. 2. Historic Preservation Committee Meetings of February 27, and March 27, 2006. Rec: Receive and file. E. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE by FFPE LLC for Pat & Oscar's, 72-840 Highway 111, Suite W465, Palm Desert. Rec: Receive and file. F. REQUEST FOR DECLARATION of Surplus Property and Authorization for Appropriate Disposal (Miscellaneous Maintenance and Electronic Equipment from Desert Willow Golf Resort). Rec: By Minute Motion, declare the items listed on the accompanying staff report's Exhibit "A" as surplus and authorize disposal as indicated. G. REQUEST FOR APPROVAL of Proposal for Annual Color — El Paseo Medians and Civic Center Park (Contract No. C25000, Project No. 930-06). This item was removed for separate consideration. Please see Section VII - Consent Items Held Over for subsequent discussion and action. H. REQUEST FOR AWARD OF CONTRACT for Installation of Split Rail Fence at Homme/Adams Park (Contract No. C25240). Rec: By Minute Motion: 1) Award the subject fence installation contract to Griffiths Fence, Indio, California; 2) allocate an amount not to exceed $12,367 from the Homme/Adams Park Fund, Account No. 880-0000-239-9100, to complete this project; 3) authorize the Director of Finance to set aside the amount of $1,855 as 15% contingency (use of contingency requires additional action). 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 I. REQUEST FOR APPROVAL of the Purchase of Compressed Natural Gas (CNG) Fuel for Fiscal Year 2006/07. Rec: By Minute Motion, approve the purchase of CNG for fleet vehicles from Clean Energy, Seal Beach, California, for FY 2006/07 — purchase will be ongoing annually until other sources are available, and funds are budgeted in Account No. 110-4331-413-2170 for purchase of CNG and other automotive fuels. J. REQUEST FOR ACCEPTANCE OF WORK for the Renovation of Landscaping for Designated Landscape and Lighting Districts (Contract No. C23040A, Project No. 936-04) (Steven Burt and Associates, Inc., a.k.a. Vintage Associates, Bermuda Dunes, CA). This item was removed for separate consideration. Please see Section VII - Consent Items Held Over for subsequent discussion and action K. CONSIDERATION of Request by the Palm Desert Chamber of Commerce for the 2006 Putt Putt on El Paseo. Rec: By Minute Motion, approve the request from the Palm Desert Chamber of Commerce for use of City streets, use of three City courtesy carts, and waiver of fees for one Code Compliance Officer and two off -duty Police Officers associated with production of the 2006 Putt Putt on El Paseo scheduled to be held on Wednesday, July 12. L. REQUEST FOR APPROVAL of Out -of -State Travel for the 151h Annual Desert Horticulture Conference in Tucson, Arizona. Rec: By Minute Motion, authorize the subject out-of-state travel for the Landscape Manager to be a presenter at the subject conference on May 19, 2006. M. REQUEST FOR APPROPRIATION of Funds for Ergonomics Consulting. Rec: By Minute Motion, appropriate $5,000 from the Unobligated General Fund to provide for ongoing Ergonomics Consulting Services. Mayor Pro Tern Kelly noted that a member of the audience requested to speak on Item J, and he also asked that Item G be separately considered. El MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Upon a motion by Spiegel, second by Benson, and a 4-0 vote of the City Council with Mayor Ferguson ABSENT, the remainder of the Consent Calendar was approved as presented. VII. CONSENT ITEMS HELD OVER G. REQUEST FOR APPROVAL of Proposal for Annual Color — El Paseo Medians and Civic Center Park (Contract No. C25000, Project No. 930-06). Mayor Pro Tern Kelly stated the geraniums that were planted at the medians on El Paseo last year were fantastic, but he noticed geraniums were not part of the subject proposed and questioned the reasoning behind it. He also wondered why the flowers were taken out early this spring. Landscape Manager Spencer Knight replied that the City alternates every six months and mixes it up so that it's not the same every year. Mayor Pro Tern Kelly requested that geraniums be included forthis year. Mr. Knight duly noted that he would plant them. In answer to the Mayor Pro �- Tem's second question, Mr. Knight stated the new flowers would be arriving within two weeks and during that time, soil amendments are added and the soil is left dormant from two to four weeks. The new flowers are then planted prior to June 1, to avoid planting them in the heat. Mayor Pro Tern Kelly moved to, by Minute Motion, accept the proposal from Colorama Wholesale Nursery of Azusa, California, to grow and provide the annual color for the Fall of 2006 and Spring 2007 for the El Paseo Medians and Civic Center Park at a cost of $20,941.85, with the addition of geraniums for the Fall of 2006. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Ferguson ABSENT. J. REQUEST FOR ACCEPTANCE OF WORK for the Renovation of Landscaping for Designated Landscape and Lighting Districts (Contract No. C23040A, Project No. 936-04) (Steven Burt and Associates, Inc., a.k.a. Vintage Associates, Bermuda Dunes, CA). MR. ROY SEALE, resident at Cabana Court, Palm Desert, furnished pictures to the Council of the landscaping that was initiated almost a year ago at Portola and Hovely West. He stated the plants looked as if they were recently planted and that the plants were smaller than the sprinkler system. He said he had worked with Mr. Knight and was told at the time that five - gallon plants would be planted; for one reason or another, one gallon plants were put in. He said Mr. Knight assured him the plants would be put in and 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 maintenance taken care of, but anyone driving by would find the medians atrocious. He also informed the City Council that four other residents were in attendance today, representing 94 more from that area. Mr. Knight stated that typically, five -gallon plants or larger are used; but due to budget constraints, the size of the plants was reduced for this project. Plant material was small due to industry demand and landscaping that is happening throughout the Valley, makiing it difficult to get good-sized plant material. In terms of the maintenance, he admitted being behind schedule. He stated the medians are calendared for maintenance within the next few weeks. Councilman Crites reiterated that due to budget constraints, one -gallon plants were purchased rather than five -gallon plants and that the plants were expected to grow. Mr. Knight concurred and stated that the Notice to Proceed was August 1, the plant material had been in for seven months. As a follow-up to Councilman Crites' statement that the plants would grow, Mr. Seale stated the plants had been in for seven months, had not grown, and probably looked worse than when first planted. He further stated that the Assessment District agreed to increase the assessment amount from $49/year to $129/year, but the residents felt they were not receiving adequate coverage or representation for the increase. He stated the residents are very unhappy about this and encouraged the City Council to see for themselves and make their own judgement. In his opinion, the landscaping was not first-class but rather very amateurish. Councilman Crites moved to continue the matter to the Meeting of May 25, 2006, further recommending placing the matter on the Landscape Committee's agenda, scheduled for Wednesday, May 17, and possible follow-up with a site visit. Mayor Pro Tem Kelly explained the Landscape Committee's purpose to Mr. Seale, further advising that the City Council would direct that this matter be placed on the Committee's next agenda and would return with an answer. MR. SEALE replied that he would be back if the answer wasn't satisfactory and offered that the Council could use the pictures he presented; he would pick them up later. Motion was seconded by Spiegel and carried by a 4-0 vote, with Mayor Ferguson ABSENT. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Vill. RESOLUTIONS A. RESOLUTION NO. 06-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ENDORSING AND SUPPORTING THE 2006 CALIFORNIA STATE LIBRARY BOND. Councilmember Benson moved to waive further reading and adopt Resolution No. 06-61. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Ferguson ABSENT. B. RESOLUTION NO. 06-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE MAP OF PARCEL MAP NO. 34614 (Venture Commerce Center, Applicant). Councilman Spiegel moved to waive further reading and adopt Resolution No. 06- 62. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Ferguson ABSENT. IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1116 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE UNIVERSITY PARK MASTER PLAN, CHANGE OF ZONE TO ADD THE PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONE (PCD) TO THE EXISTING PR-5 ZONING AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT PERTAINS THERETO FOR 190 +/- ACRES GENERALLY LOCATED SOUTH OF GERALD FORD DRIVE AND EASTERLY OF PORTOLA AVENUE, 74-500 COLLEGE DRIVE Case No. C/Z 06-04 and Universitv Park Master Plan (Palm Desert Funding Company, LP, and Desert Wells 237, LLC, Applicants). Councilman Crites moved to waive further reading and adopt Ordinance No. 1116. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson ABSENT. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 X. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE SUBDIVISION MAP OF TRACT NO. 31836-1 AND A WAIVER OF PARK FEES FOR TRACT NO. 31836 — PALM DESERT COUNTRY CLUB (Dahoon Investment Company, Inc., Applicant). Councilman Spiegel moved to 1) Waive further reading and adopt Resolution No. 06-63, approving the Subdivision Map of Tract No. 31836-1 and the agreement relating thereto; 2) by Minute Motion, credit $7,000,000 investment in recreational facilities toward Park Fee requirements, thereby waiving $432,117 obligation for the subject Tract. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Ferguson ABSENT. B. REQUEST FOR AWARD OF CONTRACT FOR THE LEASE OF NEW MOWING EQUIPMENT TO SERVICE THE DESERT WILLOW GOLF RESORT (CONTRACT NO. C25250). Councilman Spiegel moved to, by Minute Motion, authorize: 1) Award of the subject lease agreement to Turf Star, Inc., Bermuda Dunes, California, in the amount of $63,292.32 for lease of walking greens mower equipment for use at the Desert Willow Golf Resort; 2) the Mayor to execute said contract; 3) the Director of Finance to set aside the amount of $6,329.32 as 10% contingency for the lease (use of contingency requires additional action) — funds are available in Account No. 241-4195-495-8092. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson ABSENT. C. CONSIDERATION OF THE DEDICATION OF PUBLIC RIGHT-OF-WAY FOR WEST VERBA SANTA DRIVE (Gordon Kress, Montecito Homeowners' Association, Applicant). Mr. Greenwood stated he had received a series of requests from homeowners of the Montecito Homeowners Association for the City to take over responsibility for maintenance of West Verba Santa Drive. The street is a short road, one block long, that terminates at Pitahaya Street to the north and at a private alley to the south. The street is in a poor state of repair and not needed by the general public for traffic circulation. He stated there was no public benefit in the City assuming responsibility for maintenance of this private street. Councilman Spiegel asked why the street wasn't made public when it was put in. Mr. Greenwood replied that a short piece was constructed before Palm Desert was incorporated and prior to the town homes being built; it's been a private street from the start. The street was never offered for dedication and the County had never accepted it. E:3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Councilman Spiegel moved to, by Minute Motion, decline the offer of dedication for street right-of-way on West Verba Santa Drive. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Ferguson ABSENT. D. REQUEST FOR APPROVAL OF AGREEMENT FOR LANDSCAPE RESTORATION AT QUICKSILVER DRIVE - ENTRANCE TO PORTOLA COUNTRY CLUB (CONTRACT NO. C25260). Mr. Greenwood stated this item is related to construction of the Portola Bridge at Whitewater. The construction affects the main entry to Portola Country Club. He said typically, the City would replace and repair any landscape damaged or removed due to the construction of the bridge. However, in this case the Portola Country Club had planned to enhance their entrance and would be making some visual enhancement to the walls and gate. Therefore, staff recommended an in lieu payment to Portola Country Club and allow them to handle the installation to their liking. Councilman Spiegel said that it made good sense, because it would likely cost a lot more if the City constructed it. Councilman Spiegel moved to, by Minute Motion: 1) Approve monetary compensation in the amount of $27,072 in lieu of landscape restoration for the Quicksilver Drive entrance to the Portola Country Club; 2) approve the General Release Agreement with Portola Country Club Homeowner's Association for payment of the landscape restoration; 3) authorize the Mayor to execute said agreement — funds are available in the project fund, Account No. 400-4359-433-4001. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson ABSENT. XI. CONTINUED BUSINESS A. CITY COUNCIL REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION DECISION, DENYING A REQUEST FOR APPROVAL OF 14-FOOT HIGH SOUND BARRIER WALL SYSTEM (GLASS BLOCK TYPE) AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND PAINTER'S PATH (72-191 HIGHWAY 111), PALM DESERT Case No. MISC. 06-04 (South Beach Restaurant & Nightclub, Applicant) (Continued from the meetings of March 9, March 23, April 13, and April 27, 2006). Mr. Erwin requested this matter be continued to the meeting of June 8, 2006. Councilman Spiegel moved to, by Minute Motion, continue the matterto the meeting of June 8, 2006. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Ferguson ABSENT. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 B. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND SARES REGIS, ALSO KNOWN AS LOMAS DE ARENA, L.P. (Continued from the meeting of April 27, 2006). Councilman Crites moved to, by Minute Motion continue, the matter to the meeting of May 25, 2006. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson ABSENT. XI1. OLD BUSINESS A. CONSIDERATION OF THE COMMISSIONING OF DEBRA YATES TO CREATE TWO CERAMIC MOSAIC BENCHES FOR THE PALMA VILLAGE NEIGHBORHOOD PARK (CONTRACT NO. C25150A). Upon questions by Councilman Spiegel, Public Arts Manager Richard Twedt responded that the Art in Public Places Commission preferred Option 1, the ceramic benches with a shade tree. He said the tree would be donated by one of the Commissioners, who had 23 to choose one from; being stored at The Living Desert Reserve. He'd also spoken with Janis Steele and Jay Niemczak from Parks & Recreation regarding the appropriate tree size. Mayor Pro Tem Kelly stated that with Option 2, there would be shade available right away. Councilmember Benson asked what the Commission's objection to the Palapa shade structure was, because she really liked it. She felt it was different and preferable to having just a plain tree. Councilman Spiegel asked if it would be proper to have the Parks & Recreation Commission look at the options. Mr. Twedt replied that the Art in Public Places Commission meets before the Parks & Recreation Commission, but that he had spoken with Ms. Steele regarding the two options presented, and she leaned towards the Palapa structure because it was an element that could be used in other pocket parks in the City. Councilman Crites noted there was staff representation from Parks & Recreation indicating their approval for the Palapa shade structure. In addition, fie shared he had visited the artist's home and had looked at samples of the ceramic mosaic benches. He noticed the benches were fashioned on one -inch ply but was not convinced that it would be robust 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 enough for the kind of use that is expected at the park. He suggested a heavier substructure. Secondly, he learned that the artist worked with copper material and mentioned to Mr. Twedt that copper could be used for edging the benches, addressing a previous concern with children using their skateboards on them. Lastly, he suggested having the benches shipped in panels for easier transport and then be assembled once they arrive. Councilman Crites moved to, by Minute Motion: 1) Approve of the commissioning of Debra Yates to create two ceramic mosaic benches for the Palma Village Neighborhood Park in the amount of $6,000 each and selecting the ceramic benches with a Palapa shade structure, with the following suggested special directions: a) Use of a heavier substructure for the benches than the artist's standard frame; b) incorporating copper as the metal material for edging; c) crafting the benches in sections that could be easily shipped and then assembled upon arrival in Palm Desert; 2) Mayor to execute the Commission Agreement on behalf of the City — funds are available in Account No. 436-4650-454-4001. Motion was seconded by Benson. Councilman Spiegel agreed with Option 2 and stated he would vote for it, and he requested that Mr. Twedt attend the next Parks & Recreation Commission meeting to share what had been decided. Mayor Pro Tern Kelly called for the vote, and the motion carried by a 4-0 vote, with Mayor Ferguson ABSENT. XIII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF A POLICY FOR THE REIMBURSEMENT OF STAFF COSTS ASSOCIATED WITH LAND -BASED FINANCING DISTRICTS (Continued from the meeting of April 27, 2006). Mr. Yrigoyen noted the public hearing was for the purpose of establishing a policy to provide for the reimbursement of expenses and costs incurred by the City in land -based financing. If approved, the City would be allowed to receive reimbursement from the cost of issuance bond funds. He offered that staff was available to answer any questions. Mayor Pro Tern Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06- 64, adopting a policy for the reimbursement of staff costs associated with land -based financing districts within the City of Palm Desert. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson ABSENT. 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 B. REQUEST FOR APPROVAL OF THE OUTSIDE AGENCY FUNDING COMMITTEE'S FISCAL YEAR 2006/07 FUNDING RECOMMENDATIONS AND ONE-YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATIONS. Mr. Ortega related that regulations require a public hearing be held prior to awarding CDBG funds. He referred to the staff report and offered staff to answer any questions. Councilman Spiegel stated he was disappointed that Shelter from the Storm was not given any type of recognition. He stated they had expanded their counseling facility due to the amount of people that go through it. He added that Shelter from the Storm is expanding their counseling center facility and they had also hired a full-time attorney but were turned down for a grant award. Councilman Crites asked if Shelter for the Storm applied for construction funds. Acting Director of Special Programs Frankie Riddle replied that they applied for operational funds and not construction funds. Their application indicated they wanted to expand, but applied for operational costs only; which were unavailable through the City's CDBG funds. Mayor Pro Tern Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. With no testimony offered, he declared the public hearing closed. Councilman Crites moved to, by Minute Motion: 1) Approve Outside Agency Funding Committee's FY 2006/07 recommendations as proposed; 2) approve the One-year Action Plan; 3) authorize the City Manager to sign One-year Action Plan Certifications; 4) authorize staff to submit the Action Plan to the U. S. Department of Housing and Urban Development (HUD). Motion was seconded by Benson and carried by a 3-1 vote, with Councilman Spiegel voting NO and Mayor Ferguson ABSENT. C. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT FROM COMMUNITY COMMERCIAL (C-C) TO MEDIUM DENSITY (R-M) 4-10 DU/ACRE; CHANGE OF ZONE FROM PLANNED COMMERCIAL DISTRICT (P.C.2) TO PLANNED RESIDENTIAL 9 DU/ACRE (P.R.9); PRECISE PLAN OF DESIGN, TENTATIVE TRACT MAP, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO CONSTRUCT A 159-UNIT SINGLE-FAMILY RESIDENTIAL PROJECT ON 18.67 ACRES LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE Case Nos. GPA 05-03, C/Z 05-04, PP 05-25, and TT 33719 (Chad Meyers/RJT Homes, Applicant). `Pa MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Assistant Planner Tony Bogato reviewed the staff report in detail and offered to answer any questions. Councilmember Benson stated she thought there would be no more curb cuts on Portola, because all the homes farther down were all blocked off. This project would need to go in through Frank Sinatra. Mr. Greenwood responded that he did not recall prohibiting access on Portola, but they did limit the project to one access on Portola. Councilman Spiegel asked if it was a gated community. Mr. Greenwood replied that it was, and it was his opinion that one access would be appropriate. In response to questions by Mayor Pro Tem Kelly, Mr. Greenwood responded that a median would be installed with a left -turn in -only but no signal. The median would be built by the developer of the project. Councilman Spiegel noted there were two open -space areas, one was adjacent to the pool and the other at the south end of the project. He asked if the developer had indicated what was being considered in the way of a park for a project that consisted of 169 units for families: 1) Would there be a tot lot, 2) had the developer gone to the Parks & Recreation Commission. In answer to the questions, Mr. Bagato replied the developer had not approached the Parks & Recreation Commission because it was a private project. He noted they were limited in what could be put in the retention area and that other amenities were considered, but they conflicted with the retainment and drainage purposes. A plaza area and community pool with a general turf area were planned for the open -space areas. Councilman Crites suggested to staff that projects with this type of intensity of development should automatically be looked at by the Parks & Recreation and Art in Public Places Commissions. He felt it was up to staff to encourage that direction at the onset rather than at the end of a project. Mr. Bagato duly noted the comments and suggestions. Councilman Crites went on to address the exterior walls of the project and asked if open paneling and wall sequence was part of the architectural view, for that was the direction for all future projects. Mr. Bagato confirmed the project included that type of a wall. Upon question by Mayor Pro Tern Kelly, Mr. Bagato responded that the corner did, in fact, match the comer at Desert Willow and the landscaping was consistent with the other projects approved in that area. 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Councilman Crites asked if the water features had gone through the City's Landscape Department for requirement approval. Mr. Bagato stated a large meeting took place at the beginning of the project where landscaping, plant materials, and water features were discussed. Mayor Pro Tern Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. CHAD MEYER, Developer of the project introduced himself and offered to answer any questions. Councilman Spiegel asked the developer what he planned to put in the open areas. Mr. Meyer replied that after many discussions, it was felt that tennis courts do not occupy enough people, a volleyball court would occupy more and could possibly go into a retention basin; it would allow water to settle and could survive a major rain. Councilman Spiegel suggested a tot lot, and the developer indicated he was open to that suggestion. Councilman Spiegel also invited the developer to attend a Parks & Recreation Commission meeting for input. Mr. Meyer agreed to attend the next scheduled meeting. With no further testimony offered, Mayor Pro Tern Kelly declared the public hearing closed. Councilman Spiegel moved to waive further reading and: 1) Adopt Resolution No. 06-65, approving Case No. GPA 05-03; 2) pass Ordinance No. 1117 to second reading, approving Case No. C/Z 05-04; 3) adopt Resolution No. 06-66, approving Precise Plan 05- 25, Tentative Tract Map 33719, and a Negative Declaration of Environmental Impact. Motion was seconded by Crites and carried by a 4-0 vote, with Mayor Ferguson ABSENT. D. REQUEST FOR APPROVAL OF A GENERAL PLAN AMENDMENT ADDING POLICY 10, PROGRAM 10.A AND 10.13 TO THE RESIDENTIAL GOALS, POLICIES, AND PROGRAMS SECTION OF THE GENERAL PLAN; ZONING ORDINANCE AMENDMENT ADDING SECTION 25.112 TO THE PALM DESERT MUNICIPAL CODE, ESTABLISHING DEVELOPMENT STANDARDS FOR AN EL PASEO RESORT OVERLAY ZONE (EPROZ); CHANGE OF ZONE TO ADD THE EL PASEO RESORT OVERLAY ZONE TO CERTAIN R-3 PROPERTIES LOCATED ON THE NORTH SIDE OF SHADOW MOUNTAIN DRIVE AND LARREA STREET BETWEEN LARKSPUR LANE AND PORTOLA AVENUE; PRECISE PLAN AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A NEW, 12-UNIT, 36-KEY HOTEL CONDOMINIUM PROJECT LOCATED AT 73-811 LARREA STREET Case Nos. GPA 05-04, ZOA 05-05, C/Z 05-05, and PP/CUP 05-20 (Eugene Breznock and City of Palm Desert, Applicants). 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Assistant Planner Tony Bagato reviewed the staff report in detail, outlining the project and proposal for a general plan amendment, zoning ordinance amendment, and change of zone to create an El Paseo Resort Overlay Zone (EPROZ). He mentioned that this project had been presented to the Architectural Review Commission, El Paseo Improvement District, the Planning Commission twice and one neighborhood meeting. Each Committee and Commission have recommended the project be approved. He offered to answer any questions. Upon question by Councilman Spiegel, Mr. Bagato replied that the Planning Commission vote was 4-0 with Finerty absent. Councilman Crites reported that he had a list of questions and comments on the project. He stated the applicant could ask for exceptions, a change of zone, and proceed without the overlay zone. Mr. Bagato replied that under current standards, the developer would not be allowed an exception. He stated that even with the overlay zone, a change of zone would be requested on top of the existing zone. Both Mayor Pro Tern Kelly and Councilman Crites agreed that the applicant could submit his proposal without an overlay zone. Mr. Bagato replied that the applicant could proceed, but the R-3 Zone would then need to be changed to allow for exceptions. Councilman Crites stated he was skeptical this project would be necessary for the long-term success of El Paseo. He stated he did not have anything against adding business to El Paseo and having merchants be successful, but didn't believe selling this as a make or break project, given the number of people who shop on El Paseo. Mr. Bagato stated that this project is confined to a small area that currently needs redevelopment and over time could expand further down toward Deep Canyon where there are other hotels. The goal would be to get more units, maybe 1,000. He offered that it was the 2,800 units that kept downtown Palm Springs alive all these years, and studies had shown that hotels would be beneficial to a City. The project's proposed development standards have very minimal changes to promote the project and not significantly impact the existing neighborhood. Councilman Crites disagreed. He went on to say there were existing issues with amplified music at ground level and now staff was suggesting putting people on top of rooftops until midnight. Mr. Bagato answered that there would be security in place to prevent noise disturbance. He noted that the other businesses with amplified music are for entertainment only. 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Councilman Crites believed that the hotel security's priority would be to keep the hotel full and their guests pleased. In regard to height of the building with the rooftop decks, Councilman Crites suggested removing the rooftop decks and the 5-foot wall to bring height to about a 25-foot building, which would be closer to code. He further noted that with the overlay zone, the applicant would already be asking for an exception in height. Mr. Bagato clarified that it would not be an exception to the height, because there is a specific ordinance in the City's Municipal Code Provision Chapter 25.56, that would allow the towers to be approved as standard and not considered an exception. Councilman Crites disagreed. Mayor Pro Tem Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. WILLIAM DeLEEUW, President of Villa Property Developers, stated he had requested a continuance of this matterto make height changes. He did not have anything specifically to propose but would provide a final drawing prior to the final vote. He stated this project had been through two hearings with the Planning Commission, plus three other public hearings with the Architectural Committee, presented to the merchants group of El Paseo, as well as the community group. He stated the staff report was very complete and acknowledged that the project could go forward without an overlay zone; although, they would rather build under the overlay zone ordinance than have to come back for each exception. He felt that City staff had done a lot of work formulating the zoning and minimizing it to the proposed area. He stated the project is basically 12 condominium units, not anything different than what was approved by the Council five or six years ago, which had expired(12 condominiums with 24 parking spaces). This project proposes 12 condominiums with 40 underground parking spaces; would be financed as 12 units, appear on the parcel map as 12 units, and be allowed to operate as a hotel under the Conditional Use Permit. In regard to previous comments regarding height, Mr. Deleeuw stated that by removing the parapet wall from the rooftop decks the height would drop about 5 feet 10 inches, which would make it compatible to the east residential area. He felt the roof decks were important to his project, not critical as a whole, but relevant to the clientele they are hoping to attract. The hotel would be an upper -end boutique hotel in the range of $200 to $500 per suite and projected to generate about $10,000 a day in revenue and more than $200,000 in T.O.T. to the City in the course of a year. He reminded the City Council of his request to continue to the next meeting, following the public hearing. 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Councilman Crites asked Mr. DeLeeuw if he read the letters from neighbors, because some felt they were threatened by proposal to build low-cost housing or walk away altogether. He asked if Mr. DeLeeuw would consider going back to meet with the neighbors to engender a more positive attitude as he proceeded with potential modifications. Mr. DeLEEUW stated that he would consider meeting with the community group, if it was even possible. He stated that at the first Planning Commission meeting, requests for changes and modifications were made. The changes were later presented to the community group, and the response of the opponents was that they did not like the project no matter what revisions or modifications were made. He said one of their representative attended the community group meeting and he was very disappointed with the response. He felt that in spite of having spent a lot of money on the changes and new architectural drawing, the only thing that would be acceptable to the group would be apartments. The representative then explained that it would be foolish not to take the City up on bonuses allowed by State law which are LMI (low -moderate income) density bonuses, allowing a developer up to the present height without any discretionary approvals. Those statements made by the representative may have been misinterpreted by the opponents as a threat to build low-income housing. He stated that was not the case at all, he was very familiar with LMI projects and very proud to be the original developers of the San Tropez (name has since been changed). They are proud of that project and felt that the City should be too, believing there isn't a better LMI project throughout the whole County. The representative shared that information as an option available to the developer because the land cannot be left vacant, but not one that is being considered. He felt the group was taking the position of not having a project, and the applicant was taking the position of having a good project. In answer to the initial question of working with the community group, he stated he would be happy to work with them, but they would also need to be reasonable and willing. In response to Mayor Pro Tern Kelly's questions, Mr DeLeeuw replied that the City issued an abatement order to remove the abandoned building and confirmed that it had been removed. MR. DeLEEUW addressed the issue of noise and stated that the applicant had a vested interest in keeping noise level to a minimum and would not want to refund money to unsatisfied customers. He also noted the hotel would not have a restaurant or bar. He stated that hotel businesses require higher limitations than what the City may impose for any outside activity. 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 MS. DEBRA HALL Joshua Tree Street, south Palm Desert, stated her business is in Real Estate Investment and shared her view of Palm Desert's growth and development since the 1970's. She stated the first notice of hearing was published February 21, and the second on May 1, and she wondered why the Overlay Zone area coverage differed between the two publications. Mr. Bagato stated that at the first Planning Commission Meeting, a larger overlay was presented. Due to traffic and density concerns raised and the impact it may have on the community, the overlay zone was modified and reduced to where most of the development could happen. MS. HALL stated that she sent an e-mail to be read at the Planning Commission but noted it was not mentioned in the minutes. She enumerated the following concerns 2) excessive traffic of up to 1,000 cars on Shadow Mountain; 2) the 30-foot high building; 3) light pollution; 4) entering and exiting driveways would be a safety factor. She stated that the re -opening of Washington Charter School would also have an impact. She felt the merchants at the existing boutiques were very cooperative and willing to resolve past issues. She wanted the Council to be sure the project would enhance the entire community and not just increase revenue for the City. In response to an earlier comment made by the developer in regard to working with a community group that would be reasonable, she stated that she considered reasonable to mean the removal of the roof deck, keeping it at the current height zoning standard and building a condominium complex that would fit the neighborhood. Councilman Crites stated that the developer had asked for a continuance and that he would leave the public hearing open. MS. JAN HOLMLUND member of the City's Historic Preservation Committee, stated she was not making a formal report on behalf of the Committee but speaking as a member who is very interested in City planning and how it functions. She stated she was neither in favor or in opposition to the project but felt the Council was not receiving the benefits of her Committee's and of other Committee's input when considering this type of planning. She noted several of the projects already approved this evening were on brand new land; this project is in the heart of the City, and staff is suggesting to Council that an overlay would be good for development, but she had concerns for existing neighborhoods. She suggested a formal, organized method for reaching the City Council in the form of an advisory panel from all of the Committees and Commissions when considering building in areas that involved redevelopment. She stated that the Historic ig MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Preservation Committee would have been interested in considering this overlay proposal because there are some properties in the area that are on the Historic Preservation list MR. DAVID FLETCHER, El Paseo, Palm Desert, stated he was a resident and on the Board with the El Paseo Merchants Association. He stated the applicant brought the project through the Merchants Association, which felt it was a great project and passed their recommendation for approval. He stated he attended the Planning Commission and the community group meetings on this project and felt that the developer had a great -looking project and was attempting to provide a project that would work well with the neighborhood. In response to an earlier comment made by a local property owner who was opposed to the project because it would block her view, he shared that he could not see any difference between what this project is proposing and an approved two-story building, which would be only two feet lower. He recommended approval of the project, but also agreed with Councilman Crites comments that this project would not make or break it for El Paseo. F MR. ROY ASARO, Gary Avenue, Palm Desert, shared he was an Architect with his practice in Palm Desert. He attended the community meeting and felt the project was good and healthy for that area. He shared that he is working in several other cities on large shopping/lifestyle centers. He stated he would like to see El Paseo stronger and retain its ambiance. He is a fairly frequent visitor to El Paseo and felt that the number of people going there had dropped. He believes the project's proposed wall would be effective. and noise would be very minimal; he didn't feel light pollution would be of any concern. He offered that he had worked in the Coastal areas where it's difficult to get projects approved, especially if views are blocked but this building and the proposed landscaping will be very low impact to anyone's view. As far as the roof decks are concerned, he didn't believe that there would be very much sound from those walls, noting he worked with the City of San Diego's school districts on planning projects that included skybridges with overpasses, and with Cal Trans on sound studies, finding that sound typically would go up and bounce off those walls; it would not be dropping back down to the neighborhood. He is also an amateur astronomer and worked in San Diego to get a dark sky environment. He believed the lighting issues could be resolved at the staff level. He was for the project and believed it would be a big boost for the City and El Paseo. MR. BRIAN HARNIK, Shadow Lake Drive, Palm Desert, stated he had lived in the Coachella Valley since 1988 and was proud to be a resident since 1993. He lived close to the southern side of the proposed overlay zone. He loves Palm Desert and believes it to be the best city for it leadership and staff 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 that worked hard to draw balance for all projects. He stated that most people don't like change; and fear is the projection of a bad result before it happens. He felt the Council's role is to try to create an appropriate balance between neighborhoods, business, and the future and stated that when this project is finally to a vote, it's not just the current developer, but two or three owners down the road in the future that should be considered. He shared that he did not study the plans, but had tremendous faith in the City Council and staff to do what is right to draw that balance; however, he did have an issue with Augusta and their loud music. He requested that appropriate controls be in place so that Code Enforcement has the ability to prevent loud parties, late night interferences, and difficulties. MR. JUAN CARLOS OCHOA, Highway 111, Palm Desert, Architect for the project, stated he had attended all the meetings and heard the concerns about height and mass. He shared that he and the developer are willing to make adjustment in all areas, including height, to accommodate concerns. MS. BEVERLY BURIES, Mountain View, Palm Desert, apologized for the late letter given to the Council. She felt that it was disingenuous for the developer to state that the community had not been supportive or helpful; she felt the community had been an afterthought in this whole process. She stated the community meeting mentioned earlier involved two Palm Desert residents, which were the onlytwo invited. The response from the community was not that they didn't want any project, but that the project borders right next to a residential area; it's not about the views but the impact that pools on rooftops would have to their neighborhood. In her last communication with Code Enforcement after calling the Sheriff's Department, she was told the issue of Augusta was at the City Manager's Office, but she had not learned how it was resolved. If after two years of complaining to Code Enforcement about Augusta, she wondered how rooftop pool parties would be controlled on Friday and Saturday night. She lived on the comer of Mountain View and Shadow Lake, which was like a tunnel, where the sound lifts and falls right on top of them. As a retired teacher, she is extremely concerned about the issue of traffic and transiency, which both relate to the building and the overlay zone and having to pack that many transient residents into a small space. She thought the project is lovely, but on property too small for it, it would be a big eyesore. She wanted the City Council to proceed with caution —preserve the integrity of the area, neighborhood, and safety of children. She offered that the projected number for Washington Charter school would be doubling to an enrollment of 750; present conditions felt like a freeway but was told there was nothing that could be done about it. Neighbors have suggested closing off streets to residents only. She felt this project was being imposed upon a residential community and hoped there would be a better dialogue between community and developer. 20 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 MS. MARY FOSTER stated she grew up in Shadow Mountain and Desert Lilly. Her biggest concern is that this type of project would change the character of south Palm Desert and El Paseo. She was a previous merchant on El Paseo for nine years, and she and her family would not like a project of this size in that area. Palm Desert was built as a small, beautiful community, and it does not need a big hotel like downtown Palm Springs. MS. KIM HOUSKEN, Somara, Palm Desert, asked the Council if the overlay zone was developed at the Council's pleasure or for another reason. Mr. Bagato answered that part of his job in planning is to look at long-term liability for the City. The overlay zone was staff -initiated. MS. HOUSKEN commented that the General Plan was approved two years ago and this proposed project had been in the works for a year. She had no comments on the project itself; her concern was about making changes to a General Plan approved only two years ago. She asked about the process regarding overlay zones. In reading through the minutes, she understood there was once a freeway overlay zone that went to a Zoning Ordinance Review Committee, which had since been dissolved. She felt that if the City wanted the project to be developed in the El Paseo area, a lot more community buy in was needed for something this substantial. She recommended more public hearings for community input before the General Plan is drastically changed. With no further public testimony offered, Mayor Pro Tem Kelly stated that the developer had asked for a continuance, and he would leave the public hearing open. Councilman Crites suggested that the items be separated for the next agenda. He stated that having to consider the value of the project for the El Paseo area and community, and whether an overlay zone be approved to potentially add 1,000 hotel rooms to a residential area, according to Mr. Bagato's figures, are two separate matters. Councilman Spiegel moved to, by Minute Motion, continue the matterto the meeting of June 8, 2006, asking staff to separate the two issues being considered (i.e., the project and the El Paseo Overlay Zone). Motion was seconded by Crites. Councilmember Benson commented that she would vote forthe continuance but had deep concerns on this type of project in that area and what overall inpact it would have. Having been a former resident of Larrea Street, she would not like to see three or four of these projects crowded into a space that the City prides itself on. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Mayor Pro Tern Kelly called for the vote, and the motion carried by a 4-0 vote, with Mayor Ferguson ABSENT. E. CITY COUNCIL REVIEW OF A PLANNING COMMISSION DECISION, APPROVING A PRECISE PLAN OF DESIGN AND CONDITIONAL USE PERMIT TO ALLOW A NEW JIFFY LUBE OIL CHANGE FACILITY WITH A VARIANCE FROM SECTION 25.28.060 OF THE PALM DESERT MUNICIPAL CODE, ALLOWING A REDUCTION IN THE REQUIRED "DAYLIGHT TRIANGLE" SETBACK FROM 43'8" TO 24' AND A VARIANCE FROM SECTION 25.56.400, ALLOWING SERVICE BAYS TO FRONT ONTO A PUBLIC STREET — 74-180 HIGHWAY 111 Case Nos. PP/CUP 05-05 and VAR 05-04 (Emest Ramirez, Applicant). Councilman Crites stated that this project had been reviewed by the Architectural Commission many times and stated that it was a difficult site to be developed. He said the current code section does not permit garage bays facing the street. Because of how this land and project were laid out, it was not possible to have it face one street. Mr. Bagato stated that the property is surrounded by three streets, Highway 111, Cabrillo Avenue, and Alessandro, and given the small lot size, different ways were considered, but it was not possible to accomplish that. Councilman Crites stated the reason this project was before the Council was because the garage was visible from Highway 111, as he saw for himself. He requested Planning ask the developer to agree to keep the garage doors closed except when the vehicles were actually entering or exiting the work bays, so that there wouldn't be an ongoing view of the inside of the garage from Highway 111. The response was that it would wear out the garage doors from having to open and close them. Mr. Bagato indicated that the applicant agreed to keep the doors closed during the slow times, but it would be impractical to open/close the doors every 20 minutes during the peak periods when they have 12 to 14 cars waiting. Councilmember Benson wondered what happened to the DMV. Councilman Spiegel asked if the building could be turned around, coming in from Alessandro rather than from Highway 111. Mr. Bagato replied that entering from Highway 111 was not possible because of the narrow frontage road. He noted that Public Works is requesting to have that road closed because of the turn radius, so there wouldn't be any physical access from 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Highway 111 and part of the problem with this type of business is that cars would be coming in and out from two different sides of the building. He said given it's location, Cabrillo was the least impacted street, and it was not possible to shift the building for it to work. Mayor Pro Tern Kelly declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this matter. MR. GREG PETTIS, representing Jiffy Lube, shared his desire to expand his business in the Palm Desert community. In answer to Councilmember Benson's question regarding the DMV, he stated that DMV services were offered at their new location on Date Palm and Gerald Ford, providing quick oil change, smog test, and DMV services; the Department of Motor Vehicles is working on moving their product to businesses similar to Jiffy Lube as a one -stop shop for registration needs and oil change in one building, including the one proposed. He stated they had four concerns about keeping the garage doors closed. First is safety; their facilities are designed one-way for vehicles to go through (not to pull in and then back out). Clients are greeted by a staff member as they come in, then enter the garage for service, and exit on the other end. Vehicles coming in and out would be a safety issue to customers as well as the employees. From a store image perspective, it was a well-known fact in the auto industry that if the bays are down, the business is closed. It would be very difficult to promote they were open for business with the bay doors closed; speed of service would also be hindered if they had to open and close the doors throughout the day. If they were a small facility, with 10, 12 or 15 cars per day, there would not be an issue. But if they are as successful in Palm Desert as they are in the other locations where they are servicing 50 to100 cars a day, it would not be feasible. Lastly, the stores are not designed to totally ventilate through interior ventilation, it is done naturally through the doors; cars are running while they are in the facility for some of the services that are offered. If the doors are shut, additional safety ventilation concerns would be raised from the staff. He did not recall ever stating that the doors would wear out and offered that the contractor was available to answer any other questions as it related to the design of the building. Councilman Crites stated the he was addressing the doors that are on the street side on Cabrillo, and not the entrance side. MR. PETTIS didn't believe the doors would be visible with the proposed design in addition to the wall that would be constructed. 23 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Councilman Crites disagreed. Mr. Pettis stated that from eastbound Highway 111, you may be able to see part of the door off of Cabrillo if you were at the stop light. Mayor Pro Tern Kelly closed the Public Hearing and requested Council direction. Councilmember Benson stated she didn'tthink itwasthe right projectforthat corner of land. She said years ago service stations were banned because they were not in the best interest of Highway 111. She thought the land was too small for the substantial business proposed and suggested considering a different location by University Park that would be better suited. She did not favor the project at this location. Councilman Crites felt the developer had done about as good as they could as far as landscaping, and they had worked a lot with staff, but he was not persuaded that an open garage door convinced people that you were open for business; and the doors on the receiving side could remain open and ventilation would be available. In addition, he did not believe opening and closing the doors so that vehicles could exit constituted an abnormal problem fora business. Unless a condition is added to address such a restriction, he would not feel comfortable in voting for the project. Mayor Pro Tern Kelly stated that in the past he voted against the AM/PM, because he felt there was too much there; but he felt this project had much better landscaping than AM/PM; it was excellent. He said it was an ideal use for that particular corner and personally convenient for him. He had not seen a better landscaped or shielded project from Highway 111 as this one. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06- 69, adopting the findings and affirming the Planning Commission's decision to approve Case Nos. PP/CUP 05-05 and VAR 05-04, subject to conditions. Motion was seconded by Kelly and resulted in NO ACTION on a 2-2 vote, with Benson and Crites voting NO, Ferguson ABSENT. Councilman Crites moved to waive further reading and adopt Resolution No. 06-69, adopting the findings and affirming the Planning Commission's decision to approve Case Nos. PP/CUP 05-05 and VAR 05-04, with condition requiring doors on the service bays fronting Cabrillo Avenue remain closed and be open only when vehicles are exiting the facility. Motion was seconded by Spiegel and carried by a 3-1 vote, with Benson voting NO and Ferguson ABSENT. 24 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK 1. Studv Session — Mav 30 MAY 11, 2006 With City Council concurrence, staff was directed to schedule a Study Session on May 30, 2006, at 2:00 p.m., for issues related to the FY 2006/07 Preliminary Budget: 1) Parks & Recreation Report; 2) Convention & Visitors Authority. A Youth Committee will follow at 6:00 p.m. with the youth committee joining the Council for dinner. D. PUBLIC SAFETY o Fire Department Mayor Pro Tem Kelly and City Councilmembers agreed that there was a great program in the Park last evening to recognize firefighters for the work they've done with the City's Sister City, Ixtapa-Zihuatanejo. He said the City Council sincerely appreciates all the outreach —equipment and training —the City's Fire Department had extended to further the relationship with this Sister City. o Police Department None E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reauests for Action: 1. Consideration of Request by The Living Desert — Funding in ^, Support of Construction of the Stephen B. Chase Administration Building (Mayor Jim Ferguson). 25 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 Councilman Spiegel stated that The Living Desert is asking for $50,000 to help build the Administration Building. Councilman Spiegel moved to, by Minute Motion, approve the $50,000 funding request by The Living Desert Reserve. Motion was seconded by Benson and carried by a 4-0 vote, with Mayor Ferguson ABSENT. 2. Councilman Crites commented that the President's Office had just released their report through the Department of Health on responses to a potential epidemic of "bird flu." He said the basic issue noted that unlike an earthquake, tornado, or hurricane, local communities cannot expect any significant outside aid; and the duration of such a crisis could potentially be multiple months. After reviewing a response from Risk Manager Gary Rosenblum, he felt Palm Desert may not be adequately prepared to deal with the scope of issues that the City may face in such a circumstance. He asked the City Manager's Office to consider the types of things that would need to be organized in a different fashion than they would in a natural disaster and given the lack of aid from State and Federal Governments. o City Council Committee Reports: Coachella Vallev Animal Campus (CVAC) — Councilmember Benson thanked her colleagues for participating in last weekend's Adopt-a-thon at the Animal Campus. She commented that there wasn't a huge response, a total of about 150 people visited the CVAC and Riverside facilities, many of them commenting that they were previously unaware of the CVAC. In response, Animal Campus staff was issuing more public service announcements to spread the word. She noted that although the number of adoptions wasn't quite as high as they'd hoped, 45 dogs and 18 cats were adopted from CVAC during the event. 2. CVAG Enerav & Environment Committee — Councilman Crites commented that at today's Committee Meeting, an update was given on the Habitat Conservation Plan (HCP); to date, the following agencies have approved it: Cities of Palm Desert, Rancho Mirage, and Coachella, as well as Imperial Irrigation District, Coachella Valley Water District, Coachella Valley Mountains Conservancy, and County of Riverside. Further, 26 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 11, 2006 projected dates for consideration by the other cities were noted; although, the City of Desert Hot Springs had not yet scheduled a final vote. In answerto question, he said if Desert Hot Springs chose not to approve it, it was likely that an HCP would be revised with the County of Riverside being the lead agency, excluding the city that chose not to participate. Mayor Pro Tern Kelly added he thought that the City of Indian Wells had also given approval to the HCP. Councilman Crites said another topic at today's E & E Meeting was a report that the Coachella Valley had just experienced its second cleanest year on record for particulate matter air quality. He noted that after having been out of compliance with PM-10 a couple of years ago, a Valley -wide effort was launched to adopt new air quality ordinances; and the area was now in compliance. With all the growth experienced here in that same period of time, he felt it was a notable occurrence and a testament to the compliance efforts by both the cities and the development community. He added that the entire South Coast Air Quality Basin was doing remarkably well in that regard. o City Council Comments: None XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT Upon motion by Spiegel, second by Benson, and a 4-0 vote of the City Council, Mayor Pro Tern Kelly adjourned the meeting at 6:38 p.m. C RICHARD 8. KELLY, MAY O PRO TF M ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 27