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HomeMy WebLinkAbout2006-05-25MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING THURSDAY, MAY 25, 2006 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Mayor Ferguson convened the meeting at 3:00 p.m. II. ROLL CALL Present: Councilmember Jean M. Benson Councilman Buford A. Crites Mayor Pro Tem Richard S. Kelly Councilman Robert A. Spiegel Mayor Jim Ferguson Also Present: Carlos L. Ortega, City Manager/RDA Executive Director David J. Erwin, City Attorney Sheila R. Gilligan, ACM for Community Services Homer Croy, ACM for Development Services Justin McCarthy, ACM for Redevelopment Stephen Y. Aryan, Assistant to the City Manager Rachelle D. Klassen, City Clerk 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 Patrick Conlon, Director of Office of Energy Management Walt Holloway, Battalion Chief, Palm Desert Fire/Riverside Co. Fire Dept./CDF Steve Thetford, Asst. Chief, Palm Desert Police/Riverside Co. Sheriffs Dept. Grace L. Mendoza, Deputy City Clerk III. ADJOURN TO CLOSED SESSION Request for Closed Session: Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 1) Property: APN 620-400-024 Negotiating Parties: Agency: Justin McCarthy/Lauri Aylaian/City of Palm Desert/Palm Desert Redevelopment Agency Property Owner: City of Palm Desert Other Parties: Jorge Boone, WC Rancho Mirage, Inc. Jim Gibbons, Resort Ventures, LP Under Negotiation: x Price x Terms of Payment Mr. Erwin asked the City Council/Agency Board to consider adding another property item to this agenda. Upon motion by Spiegel, second by Crites, and 4-0 vote of the Agency Board/City Council, with Kelly ABSENT, the following property negotiation was added to the agenda. 2) Property: APNs 653-420-032/033/034/035/036 Negotiating Parties: Agency: Carlos L. Ortega/City of Palm Desert/ Palm Desert Redevelopment Agency Property Owner: SGH Business Partners Under Negotiation: x Price x Terms of Payment Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(b): Number of potential cases: 2 Public Employment pursuant to Government Code Section 54957: Title of Position: City Attorney With City Council concurrence, Mayor Ferguson adjourned the meeting to Closed Session at 3:02 p.m. He reconvened the meeting at 4:01 p.m. IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None 2 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING V. AWARDS, PRESENTATIONS, AND APPOINTMENTS MAY 25, 2006 A. APPOINTMENT OF THE CITY OF PALM DESERT'S REPRESENTATIVE TO THE PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION. Mayor Pro Tem Kelly moved to, by Minute Motion, reappoint William Bizzell to serve as the City of Palm Desert's representative to the Palm Springs International Airport Commission for a three-year term, commencing July 1, 2006, and ending June 30, 2009. Motion was seconded by Spiegel and carried by 5-0 vote. B. APPOINTMENTS TO THE PALM DESERT YOUTH COMMITTEE. Councilman Spiegel moved to, by Minute Motion, appoint Amanda Caudill and Jenna Scott to the Palm Desert Youth Committee (term 12/31/06). Motion was seconded by Kelly and carried by a vote of 5-0. VI. CONSENT CALENDAR A. MINUTES of the Regular City Council Meeting of May 11, 2006. Rec: Approve as presented. Continued to the meeting of June 8, 2006. B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 219, 224, 225, and 226. Rec: Approve as presented. C. CITY'S/AGENCY'S COMPLIANCE ANALYSIS and Investment Reports for April 2006. (Joint Consideration with the Palm Desert Redevelopment Agency). Rec: Receive and file. D. CITY COMMITTEE AND COMMISSION MEETING MINUTES. 1. Parks & Recreation Commission Meetings of April 5 and April 18, 2006. 2. Youth Committee Meeting of April 4, 2006. Rec: Receive and file. 3 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 E. REQUEST FOR APPROVAL of Memorandum of Understanding (MOU) with the Volunteer Center of Riverside County for the 2-1-1 Information and Referral Services (Contract No. C25310). Rec: By Minute Motion: 1) Authorize the Mayorto execute a Memorandum of Understanding between the Volunteer Center of Riverside County and the City of Palm Desert as it relates to participation in the 2-1-1 Riverside County Program, Contract No. C25310; 2) appropriate $5,350.15 from the unobligated General Fund to Account No. 110-4159-415-3090. F REQUEST FOR APPROVAL of Tract Map 31135 and Grant of Easement for Legal Access as it Relates to Map. Rec: 1) Waive further reading and adopt Resolution No. 06-70, approving Tract Map 31115; 2) by Minute Motion authorize the Mayorto execute a Grant of Easement for legal access purposes as it relates to the subject map. G. REQUEST FOR RATIFICATION of City Manager's Authorization to Retain Ongoing Traffic Engineering Services for Maintenance and Synchronization of Traffic Signals (Contract No. C25320). Rec: By Minute Motion, ratify the City's Manager's authorization to enter into an agreement with Traffex Engineers, Inc., Ventura, California for traffic engineering services in the amount of $9,570 and authorize the Mayorto execute said agreement - funds are available in Account No. 110-4250-433-3325. H. REQUEST FOR REIMBURSEMENT to Developer for Storm Drain Construction Improvements at the Southeast Corner of Washington Street and Country Club Drive (Wendy's), on Behalf of the City of Palm Desert. Rec: By Minute Motion, approve payment to Fountainhead Development, Newport Beach, California in the amount of $24,000 for said construction improvements - funds are available in Account No. 420-4291-433-4001. I. CONSIDERATION of Legislative Review Committee Action on AB 2987 (Nunez and Levine) - Cable and Video Service. Rec: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of May 2, 2006, and direct staff to prepare a letter of opposition for the Mayor's signature with regard to AB 2987 (Nunez and Levine). 4 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 J. REQUEST FOR RATIFICATION of Out -of -State Travel to the U.S. Conference of Mayors National Summiton Energy and the Environment in Chicago, Illinois. This item was removed for separate consideration. Please see the resulting discussion and action under Section VII - Consent Items Held Over. K. REQUEST FOR RATIFICATION of Out of State Travel to the 27th U.S. - Mexico Sister Cities National Convention in Mexicali, Mexico. This item was removed for separate consideration. Please see the resulting discussion and action under Section VII - Consent Items Held Over. L. REQUEST FOR APPROVAL OF INCREASED APPROPRIATION of Funds for El Paseo Business Improvement District and Increased Estimated Revenue Fund. Rec: By Minute Motion: 1) Appropriate an additional $40,000 to the El Paseo Business Improvement District Fund 271-4491-464-32.15; 2) increase estimated revenue funds for the El Paseo Improvement District by $40,000. Councilman Spiegel requested that Items J and K be discussed separately. Mrs. Klassen asked that Item A, Minutes of the May 11, 2006, City Council Meeting be continued to the next meeting. Upon motion by Benson, second by Crites, and 5-0 vote of the City Council, the remainder of the Consent Calendar was approved as presented, including continuance of Item A to the next meeting. VII. CONSENT ITEMS HELD OVER J. REQUEST FOR RATIFICATION of Out -of -State Travel to the U.S. Conference of Mayors National Summiton Energy and the Environment in Chicago, Illinois. Councilman Spiegel explained that he asked for separate consideration of Items J and K to get clarification about having such requests approved before the travel occurs, noting that he had no specific problem with the travel itself. Mayor Ferguson responded that at this year's U. S. Conference of Mayors Meeting in Washington, D.C., a National Energy Forum was held with a group of Mayors, notably from Seattle, Chicago, Atlanta, Charlotte, and Austin, Texas, where it was decided that if a national energy policy was to be 5 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 formulated, it would have to start at the local level. The meeting was chaired by Chicago's Mayor Richard Daley; and all were doing what Palm Desert is with energy conservation. He went on to say that by the time he found out about the subject Summit, there wasn't enough time to place it on the City Council's agenda beforehand. Although, he suggested that another meeting on this issue was scheduled to be held in Nevada on June 6; and while he didn't care to attend, he felt it would be important that a staff member did. He went on to say that the group had put together a fairly comprehensive plan to change the way cities use energy in America and serve as models for the State, County, and Federal Governments, and was impressive. He met with Mayor of the City of Santa Barbara, which does not currently have a program like Palm Desert's but is very interested in joining the Aspen Accord and Energy Coalition. Additionally, he met with a representative from the U. S. Department of Energy who is in charge of solar power, noting that Palm Desert is working very hard to get a solar program to augment its efficiency programs overall. All in all, he said he found camaraderie in what other cities were doing, especially those much larger than Palm Desert, but saw that it is on the cutting edge in many areas. He asked his colleagues to consider adding an item to the agenda for approving the trip to Nevada for the next conference. Upon motion by Spiegel, second by Crites, and 5-0 vote of the City Council, the following out-of-state travel request was added to the agenda. J-1. REQUEST FOR APPROVAL of Out -of -State Travel to the 74th Annual Conference of Mayors in Las Vegas, Nevada, June 2-6, 2006. Mayor Ferguson proposed having the City Manager's Office, along with the Director of the Office of Energy Management, select the appropriate person to participate in the Las Vegas Conference. Councilman Spiegel moved to, by Minute Motion, authorize the City Manager, in conjunction with Director of the Office of Energy Management, to select appropriate staff to attend the Conference of Mayors in Las Vegas, Nevada, June 2-6, 2006. Motion was seconded by Benson and carried by a vote of 5-0. Councilman Spiegel moved to, by Minute Motion, ratify the out-of-state travel for Mayor Jim Ferguson's attendance at U. S. Conference of Mayors National Energy Summit on Energy and the Environment held May 10-11, 2006. Motion was seconded by Crites and carried by 5-0 vote. 6 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 K. REQUEST FOR RATIFICATION of Out of State Travel to the 27`h U.S. - Mexico Sister Cities National Convention in Mexicali, Mexico. Mr. Ortega stated the subject conference came up, and previously, travel to Mexicali had been treated as a local trip. Therefore, he approved it and planned to request City Council approval later. He would be seeking prior approval for such requests in the future. Councilman Crites moved to, by Minute Motion, ratify the out-of-state travel for attendance by Mayor Jim Ferguson, City Manager Carlos Ortega, and Sister Cities Committee Members Rosemary Ortega, Patricia Bannon, Gary Walker, and Frank Villar at the 271h U.S. - Mexico Sister Cities National Convention in Mexicali, Mexico, April 26-30, 2006. Motion was seconded by Spiegel and carried by 5-0 vote. VIII. RESOLUTIONS None IX. ORDINANCES For Introduction: None For Adoption: A. ORDINANCE NO. 1117 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING ORDINANCE NO. 107, THE PALM DESERT ZONING MAP, BY CHANGING THE ZONE FROM P.C. 2 (PLANNED COMMERCIAL DISTRICT) TO P.R.9 (PLANNED RESIDENTIAL 9 UNITS PER ACRE) FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FRANK SINATRA DRIVE AND PORTOLA AVENUE, EXHIBIT "A" ATTACHED. Case No.. C/Z 05-04 AS IT RELATES TO GPA 05-03. PP 05-25 and TT 33719 (Chad Meyer/RJT Homes, Applicant). Mayor Pro Tem Kelly stated that when the City Council approved this project at the last meeting and asked about breaking up the wall to make it more aesthetically pleasing, he felt it overlooked the impact from traffic noise along Portola Avenue. He felt Portola was currently one of the City's busiest streets and will carry even more traffic with the future construction of an interchange at Interstate 10. Therefore, he believed the project should have been conditioned with a soundwall along Portola and proposed doing so at this time. 7 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 Assistant Planner Tony Bagato responded that staff had talked with the Applicant, who agreed to install solid soundwall there for the noise. Councilman Crites remarked that on a lot of recent projects, the City was requiring applicants to get above Title 24 on various aspects, but he wondered if they were also required to use solar pool pumps. Mr. Conlon answered that solar pool pumps are direct -current (DC), and currently, Suncentrics is the only manufacturer of a DC motor for a pool pump application; for that reason, the solar pool pump is very expensive. Therefore, the City had been hesitant to impose a solar pool pump condition to date but hoped there will be more manufacturers of them in the next six months. Responding to further question, he affirmed that the City was, however, requiring a more efficient pool pump; new versions all have copper windings and are much more efficient than those of 10 years ago. Mayor Pro Tem Kelly asked how the aesthetic impact of the soundwall would be addressed. Mr. Bagato said it would be decorative with varied colors and offsets in the wall that will range between 3 and 14 feet to break it up. Mayor Pro Tem Kelly moved to: 1) Waive further reading and adopt Ordinance No. 1117; 2) by Minute Motion, impose additional project condition with installation of soundwall along Portola Avenue, aesthetically enhanced as proposed. Motion was seconded by Spiegel and carried by 5-0 vote. X. NEW BUSINESS A. CITY COUNCIL REVIEW OF AN ARCHITECTURAL REVIEW COMMISSION APPROVAL OF BUSINESS SIGNAGE AND COLOR CHANGE FOR THE SERENATA MEXICAN BAR & GRILL (73-325 HIGHWAY 111, PALM DESERT), Case No. SA 06-62 (Imperial Sign Company, Jim Engle Jr., Applicant). Planning Manager Steve Smith provided City Councilmembers with an updated rendering of the signage proposal just received from the Applicant, illustrating the sign as approved by Architectural Review Commission (ARC). He further reviewed the history of the case, noting that ARC had considered two previous versions and approved the third, which included a color change. Mayor Ferguson said that he asked for an independent City Council review of the case after talking with one ARC Commissioner and reading the minutes from the prior considerations. He said it was felt there was some aesthetic merit to the uniqueness of the building and the existing signage, and the Applicant agreed to go back and enhance his proposal. However, the ARC Commissioner didn't feel it was adequate. In answer to question, 8 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 he said he tended to agree with the Commissioner in that the Applicant took what had formerly been rather special (the former El Mirasol building, sandwiched between two massive buildings) and made it kind of plain. He would prefer to see a little more effort and have the building dressed up similar to what it was previously rather than simply using reverse channel lighting on stucco. Mr. Smith commented that the remainder of ARC felt that it was acceptable in the form as presented. Responding to question, he said if the application had come in without having the previous, he thought it would have been approved. Councilman Spiegel remarked that he felt it was acceptable as compared to other signage in the City and moved to, by Minute Motion, reaffirm the action of the Architectural Review Commission (ARC) approving business signage and color change for the Serenata Mexican Bar and Grill dated April 25, 2006. Motion was seconded by Kelly and carried by vote of 5-0. B. REQUEST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE FRED WARING DRIVE WIDENING SOUNDWALL (CONTRACT NO. C24100). Mayor Ferguson noted that staff requested a continuance of this matter to the first meeting in June. Councilman Crites moved to continue the matter to the meeting of June 8, 2006. Motion was seconded by Spiegel and carried by 5-0 vote. XI. CONTINUED BUSINESS A. 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 meetings of April 27 and May 11, 2006). Mayor Ferguson noted the request to continue the matter to the second meeting in June. Councilman Crites moved to continue this item to the meeting of June 22, 2006. Motion was seconded by Spiegel and carried by 5-0 vote. 9 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 B. 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) (Continued from the meeting of May 11, 2006). Mr. Greenwood recalled for the City Council that the matter was continued and referred back to the Landscape Beautification Committee, which took a tour of the site and determined improvements were needed. He said the irrigation improvements are currently in progress, new plants are expected to be installed next week, and stepped -up maintenance activities will be initiated once the new plants are in. Therefore, staff requested approval of the Notice of Completion. Councilman Crites moved to, by Minute Motion, accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. Councilman Spiegel expressed his desire to wait until the requested improvements were completed. Mr. Greenwood said the City could wait; however, staff was confident that it will be done right. Mayor Pro Tem Kelly suggested that in cases with limited resources, the City should be sure to install plants that will create more coverage instead of using smaller plants that will take longer to mature. Councilman Crites commented that most of the plantings made were intended to reach a fair size; but they had suffered from a severe lack of water, which had now been addressed. Mayor Ferguson seconded the motion, and it carried on a 4-1 vote, with Spiegel voting NO. XII. OLD BUSINESS A. REQUEST FOR APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT FOR REVIEW AND MODIFICATIONS TO THE HISTORIC PRESERVATION ORDINANCE 401 (CONTRACT NO. C25330). Councilmember Benson moved to, by Minute Motion, approve subject contract with LSA Associates, Inc., Riverside, for said professional services; 2) appropriate $35,420 to Professional Services Account No. 111-4420-422-3090. Motion was seconded by Spiegel and carried by 5-0 vote. 10 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XIII. PUBLIC HEARINGS MAY 25, 2006 A. CONSIDERATION OF A STREET VACATION FOR THE SOUTHERLY HALF OF NEW YORK AVENUE WEST OF VIRGINIA AVENUE. Mr. Greenwood stated that in this instance, the recommendation was to vacate the southerly 15 feet of the 33-foot right-of-way on the south half of New York Avenue, west of Virginia Avenue. He said it was a dead-end street, one -lot long (approx. 150 feet), and goes into a block wall that separates Palm Desert Country Club from the Toscana development. There is no public need for this road, and vacating it will allow the proposed home being built on the south side of New York Avenue to be on a little larger lot and sited better. Mayor Ferguson declared the public hearing open and invited testimony SUPPORTING or OPPOSING this street vacation. MS. BARB FRENZNICK, resident of Faber Circle, Palm Desert, said her home was located at the end of Virginia Avenue. She appreciated seeing the postings about this public hearing on the affected lot, but they didn't really explain what was going to be done. She was concerned about Toscana looking to open it up as an access. Mr. Greenwood described the requested vacation and confirmed that the home on the north side of New York Avenue would still have access. Additionally, he responded that Toscana would not have a gate in this location. With no further public testimony offered, Mayor Ferguson declared the public hearing closed. Councilman Spiegel moved to waive further reading and adopt Resolution No. 06-71, approving the vacation. Motion was seconded by Kelly and carried by 5-0 vote. B. CONSIDERATION OF A FIRE FACILITIES IMPACT MITIGATION FEE PURSUANT TO THE FINDINGS OF A NEW NEXUS STUDY. Mayor Ferguson announced that staff asked for a continuance to the next meeting. Mr. Ortega confirmed the request for continuance in order for staff to review the land costs identified in the report. He said in order to place the fire station on the Cal State site, it will require replacement of the land, and the cost will be higher than is identified in the report. Therefore, staff recommended opening the public hearing, taking testimony, and staff will 11 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 return with an amended recommendation regarding the price of the land, which may impact how the fee will be applied. Mayor Ferguson declared the public hearing open and invited public testimony on the matter. MR. JAMES BROWNYARD, representing the Desert Chapter of the Southern California Building Industry Association, said his organization had an opportunity to look at the current study and had questions about some of the back-up information. He said they'd spoken with both Mr. Gibson and the consultant and felt confident that the statements made will be forthcoming in the supporting documentation; they looked forward to this coming to pass in two weeks. Councilman Crites moved to continue this public hearing to the meeting of June 8, 2006. Motion was seconded by Spiegel and carried by 5-0 vote. C. CONSIDERATION OF THE APPROVAL OF A PRECISE PLAN OF DESIGN TO ALLOW A 9,192 SQUARE FOOT SINGLE-FAMILY HOME WITHIN THE HILLSIDE PLANNED RESIDENTIAL ZONE - 865 ROCK RIVER DRIVE (CANYONS AT BIGHORN, APN 652-160-054) Case No. PP/HPD 06-06 (Kristi Hanson / Architect, Applicant). Planning Manager Steve Smith described the request, noting that both the Architectural Review and Planning Commissions reviewed the project and found it acceptable. Both groups recommended approval, subject to conditions by the Planning Commission, which are included in the recommendation presented to the City Council. In response to question, he was unsure but estimated the average U. S. home size to be 1,800 square feet. He further answered that the 25,000 square foot pad was approved as part of the overall Master Plan for the Canyons at Bighorn and preliminary grading was performed over a certain portion of the lot. Mayor Ferguson went on to ask how such a Master Plan -approved community comported itself with the City's Hillside Ordinance adopted in 2004. Mr. Drell answered that at the time, the City's Hillside Ordinance didn't contain a building size limitation; and if built three or five years ago, the home could have been larger. He said subsequently, the City passed an ordinance that now places a limitation and applies it uniformly to all projects, noting that there were no pads or houses approved on these lots. He illustrated that if someone had graded a pad under the old ordinance and now came to the City with plans for a house, they would be subject to the new ordinance and not the old lack of standard that existed when the pad was graded. He 12 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 responded that 4,000 square feet is the home size limitation under the current Hillside Ordinance. Further, the new ordinance also has far more stringent standards but has an exceptions provision, which is what the application is for, and it would be a discretionary approval, providing the basis of the City's ability to add conditions directly related to the nature of the exception being requested (increased house size). With regard to the City's current Energy Efficiency Guidelines, he affirmed that since it was a discretionary exception, the City has some discretion to impose additional conditions, especially when there is a direct nexus between the nature of the exception being sought and the Energy Guidelines. He further confirmed that an applicant could go larger than a 4,000 square foot home but could not consume any energy off the grid in excess of that which a 4,000 square foot home would bear. Upon question about how this 9,1,00 square foot home would comply with the City's requested efficiencies, he said it was conditioned pursuant to the recommendation of the Director of the Office of Energy Management. The City's new ordinance will require conservation measures, but in order to conform to the 4,000 square foot limit, larger homes will require an increasingly larger photovoltaic system. He said the Energy Management Director has developed a sliding scale for a larger system proportionate with more square footage, which is his recommendation in this case. Further responding, he said staff was very confident about this project's lack of impact on viewshed. Mayor Ferguson declared the public hearing open and invited public testimony in SUPPORT of or in OPPOSITION to this case. MS. KRISTI HANSON, 72-185 Painter's Path, Suite A, Palm Desert, Architect/Applicant, offered to answer any of the City Council's questions about the project. She commented that although the home was listed as 9,192 square feet, the four -car garage is included in the total square footage; it does not use energy but is part of the overall coverage. She said the living space of the home is approximately 7, 500 square feet, considerably less than 9,192. She went on to address the Energy Efficiency Condition of Approval. Several weeks ago she sent the City Council an e-mail regarding the upcoming Energy Ordinance; she commended the City Council on its forward thinking. She also urged the City Council to allow time for architects, engineers, builders, and homeowners to understand the ordinance and do research, along with some review regarding the aesthetic impact it may impose on the City and its residents. To her knowledge and to date, the ordinance hasn't been finalized or reviewed in a public hearing or approved. However, today she was being asked to comply with a policy that basically mirrors what the ordinance will ultimately become — something she neither understood nor was able to implement without the information available to do so. Further, she was being asked to use no more energy than that of a 4,000 square foot house but wondered who determined that figure. She observed that a 4,000 square foot home she designed may use a great deal 13 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 more energy than a typical tract home and asked if that was a factor in the decision process. She was allowed to use several factors, as listed in the Conditions of Approval, many of which are already being implemented in her projects, but asked how they are weighted, who determines that, and if one option was given more preference than another. During the Planning Commission Meeting, she said Commissioners expressed an uneasiness regarding that condition because they didn't know what the ordinance was all about and actually requested a separate meeting be scheduled so they could understand it. She felt they approved the condition at the recommendation of the Planning Director, as he indicated to the Commissioners that the Applicant would only be required to provide 250 square feet of panels. She said he also indicated that the panels will look like a skylight; she did not believe that 250 square feet of dark panels on a tan roof would in any way resemble a sky light. Therefore, she asked if she should use the 250 square foot number that the Planning Director indicated, or if there was some calculation that could be used in order to determine how to make the subject home comply. Additionally, she felt that because she hasn't had time to understand or find creative ways to implement the panels aesthetically, they will be impacting views from the homesites above this project. She recognized that ultimately, whether or not another home would see the panels may not be a deciding factor; however, she believed that because this project is basically completed, it will look like an afterthought and, consequently, an eyesore. For these reasons, she asked the City Council to please reconsider staffs recommendation for the requirement of the net energy consumption equivalent of a 4,000 square foot home for this project and approve it without that condition, with the understanding that the Applicant will ultimately be working diligently to find ways of incorporating the panels on all future projects in an aesthetic manner as the requirements of the ordinance become better understood through the adoption process. Mayor Ferguson commented that he personally would be more than happy to approve a 4,000 square foot home for the Applicant today. However, if the City was being asked to deviate from its policy, and the Applicant didn't want to work on adoption of a new policy, then the existing ordinance remained, which limits approval to 4,000 square feet. Altematively, he said the City could wait, anticipating passage of the new Energy Ordinance within three months and well within the 180-day Streamlined Permitting Act timeline for the Applicant, giving her time to review and become comfortable with the ordinance. He acknowledged that the City was also working in the dark with regard to implementing greater energy efficiencies; but he felt given Mr. Conlon's building and technical expertise, he has tried to come up with ways to achieve them. MS. HANSON observed that if she submitted a 4,000 square foot house for permit tomorrow on a project not in the hillside area but still within Bighorn, before the new ordinance became effective, it wouldn't have to comply. She 14 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 further noted that she didn't have Mr. Conlon's information in order to be able to understand how to implement the solar panels. In response to question, she was unable to answer whether or not her client would agree to a 90-day continuance since they were not present. She specified that her contention was not having to comply with an ordinance but with one that isn't effective yet. Councilman Crites noted that a variety of other developers in the City's Northern Sphere had been asked and agreed to comply with its Energy Guidelines, well above Title 24. He said it was not a unique burden for this case, but one that imposed maximum energy efficiency throughout the City. He agreed that it may not be as easy to impose the requirement on a home on flat land currently but wished it could be done and felt it should be. He said in a world of finite resources, this represented the City's best effort to make sure it works for the home owner, the architect, and for the public at large. Mayor Ferguson added that as he understood it, this represented the City's ordinance, but before it requires that 4,000 square foot and less homes exceed Title 24 requirements, California Energy Commission approval was necessary. The subject project represented a discretionary approval request, but the City realized the energy requirement was new and was asking to work with the Applicant on it. Now that the City was committed to energy efficiency, he felt it would be very hypocritical to give discretionary approval for a 9,000 square foot home without any of those requirements. MS. HANSON estimated she was already complying with 99% of the requirements in her plans. Her issue was just with the photovoltaic panels; the conditions of approval specify a 4-kilowatt hour system, and she didn't know what that meant. MR. CARL CARDINALLI, Vice President of Bighorn Development, LLC, Palm Desert; Officer and Director of the Bighorn Homeowners Association, and Chairperson of its Architectural and Landscape Control Committee, said after listening to the discussion, he disagreed with the interpretation. He had read and has been living with the Hillside Planned Residential District Zoning Ordinance and its requirements, and he felt the purposes of that ordinance did not deal with energy conservation. He said the exceptions provision specifically says that exceptions are based upon conformity to the purposes of that provision. He quoted from Palm Desert Municipal Code Chapter 25.15.010 - Hillside Planned Residential District - Purpose, "The intent and purpose of the Hillside Planned Residential District is to encourage only minimal grading in hillside areas that relates to the natural contours of the land, avoiding excessive cut and fill slopes that result in a padding or staircase effect within the development; encourage architecture and landscape design which blends with the natural terrain to the greatest 15 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 practical extent; retain and protect undisturbed viewsheds, natural landmarks, and features, including vistas and the natural skyline, as integral elements in development proposals in hillside areas." He went on to say there was a list of development standards that deals precisely with the terrain and the disturbance of the terrain and its renaturalization. Further, he said in Palm Desert Municipal Code Chapter 25.15.030 (D), Exceptions, it says, "The standards of Section 25.15.030, A, B, and C shall be required unless modified by the precise plan of design, taking into consideration any and all circumstances including, but not limited to, viewshed, topography, color, texture, profile of any structure that the Planning Commission or City Council may determine to be in conformity with the purposes set forth in Section 25.15.010." He said energy conservation was not one of the purposes, but he believed in what the City was doing. He noted that he would be meeting tomorrow with an expert in photovoltaic cells about putting solar panels on his own home; he wholeheartedly supported them. After having a couple of conversations with Mr. Conlon, he was going to suggest that the City reconsider its energy conservation program with respect to larger homes, and he had no problem with the concept of people with more paying more. He said that's what people building larger than 4,000 square foot homes are doing currently; but this was still America, and people had a right to build a home on their property any size they wished so long as they conformed to standards, with which he also agreed. He recalled that when Bighorn was developed, the homes planned, grading plans, tentative and final maps all were in consideration of homes much larger than 4,000 square feet. He applauded the City's Hillside Planned Residential Ordinance, which allows for the exception, because the Hillside Ordinance has a purpose —the exception allows the City to scrutinize whether larger homes fit with that purpose — it wasn't energy conservation. He stated that he recently reviewed the energy conservation summary prepared and reviewed by the City earlier this year, which estimated there were 32,000 homes in all of Palm Desert; 800 or 900 of them were greater than 4,000 square feet (less than 3%). Instead, he suggested an exaction for public purposes — a fund set aside for a solar panel farm, and the bigger the house and more energy consumed, the more that would be paid. He said it would be in a central location, continue to be implemented into the future, and benefit from the latest technology and greater equipment efficiency; but it shouldn't be limited to homes of greater than 4,000 square feet. He noted that Marin County's ordinance specifies 3,500 square feet, but he believed energy consumption was much greater here. He proposed having the program open for all homes and then developing an exemption level (e.g. 2,000 or 2,500 square feet). He believed the City's whole policy and its prelude was one of collaboration and consensus building, and then developing the ordinances to implement the plan. He cautioned that an ordinance was being implemented without public review in this case. He agreed with Ms. Hanson's point that a home across the street was not bound by this policy now, and it was patently unfair; he didn't think it was intended by the 16 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 Hillside Ordinance nor should it be. He hoped that consideration would be given to deleting Condition No. 6 and approving the Applicant's request for the Precise Plan. With no further public testimony offered, Mayor Ferguson declared the public hearing closed and invited City Council comments. Mayor Ferguson commented that he had nothing but respect for Mr. Cardinalli and Bighorn and what they've done for the City of Palm Desert. He went on to observe that the average home size in Palm Desert was far less than 1,800 square feet, probably closer to 1,300; and when someone comes in and builds a 25,000 square foot home, it's like building 15 homes instead of one. He, too, was a big believer in property rights, and if you have a big house, you buy more energy; but under the Edison Rate Structure, all 35,000 homes in Palm Desert were forced to pay more for that energy because it pushed residents up into a higher peak demand. Whereas, if it were just the individual homeowner buying the energy, he wouldn't have a problem; although, he might philosophically, because he thought people should believe in and be behind conservation. Further, he commented that the ordinance was not about being unfair; he offered the Applicant an opportunity to continue the matter to hear about some concerns, maybe some unintended consequences with the ordinance, but the City had been working on it for almost a year. There will be public hearings when the ordinance comes out. He offered that if the page of suggested guidelines prove to be insurmountable in the subject case, then it should be discussed with the City; the intent wasn't to unwittingly harm Bighorn or Ms. Hanson. On the other hand, he felt what the City was trying to do overall was good for the residents, the environment, and for Edison, because it will allow them to provide more energy to Palm Desert without having to explore new sources. But he was troubled by the consternation he was seeing and feeling in this matter, when what the City was trying to do is something good for everyone. MR. CARDINALLI responded by reiterating his belief in what the City was doing. He was proud of Palm Desert and felt fortunate to be a property owner here, noting that it was one of the most progressive communities he'd ever been associated with, having practiced law and been in the development business since 1974. His comments were not meant to reflect that the policy was bad, they were about timing and how to go about doing it. In his opinion, this was not the right way; there should be a public hearing and public input. He noted that he'd asked for the draft ordinance so that he could review it, make comment, and participate in the process, but he was told it wasn't ready and wouldn't be available to the public until it was ready. While he didn't understand it all, he read through the summary of the City's Joint Project, and time and time again, it made reference to joining the community in the process, having them involved in and understand it — not after the fact and not just dealing with Mr. Conlon — but an opportunity ahead 17 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 of time to make good policy together because it was something everyone believed in — his comments were related to the timing. Councilman Crites observed that while it may not have been intended, in essence, Mr. Cardinalli asked why this was just being done to large homes. He pointed out that was simply not true; the City has required developer after developer in the North Sphere to go way above the requirements of Title 24, and they have all done it on a "voluntary basis," because they believe it makes good common sense, even before the ordinance is completed. In the subject case, the Applicant's representative was asked if it was acceptable to them; if not, an option was presented that the project could wait until the ordinance has gone through the process. He further noted it was the same choice given developers in a variety of places throughout the City; and he felt it was unfair and disputed the implication that the City was picking on one person and one place. MR. CARDINALLI confirmed that it was not his intention, but he was looking at the matter from the perspective that the only reason this Applicant is before the City Council is because of the exception in the Hillside Planned Residential District. Councilman Crites acknowledged the difference in perception on that issue. MR. CARDINALLI went on to say his comments were related to residential development. He said to scribe the line at 4,000 square feet and address the matter to homes that only number less than 3% of the entire number of homes in Palm Desert was his concern. He further clarified that he did not mean that larger homes shouldn't pay their fair share; on the contrary, they should. This was one approach by the City, but it wasn't yet an ordinance. Mayor Ferguson pointed out that the public hearing had been closed. Councilman Spiegel asked if the Applicant would prefer a continuance and noted that the answer from the audience was a request for decision tonight. Councilman Crites moved to waive further reading and adopt Resolution No. 06-73, approving a Precise Plan of Design to allow the construction of a 9,192 square foot singe - family home within the Hillside Planned Residential Zone. Motion was seconded by Benson and carried by 5-0 vote. 18 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING XIV. REPORTS AND REMARKS A. CITY MANAGER None B. CITY ATTORNEY None C. CITY CLERK MAY 25, 2006 1. Consideration of Summer 2006 City Council Regular Meeting Schedule. Mrs. Klassen asked the City Council if they wished to observe the same schedule they have in past summers. With City Council concurrence, staff was directed to follow the schedule the City Council has traditionally observed during the months of July and August - cancelling the second meeting in July and the first meeting in August. 2. Reminder of the following Upcoming Events: a) Study Session for Budget, CVA and Parks and Recreation Tuesday, May 30, 2006 at 2:00 p.m. b) Joint Youth Committee Forum - May 30, 2006, at 6:00 p.m. c) Preliminary 06/07 Budaet Meetina - June 1, 2006, at 9:00 a.m. 3. Report from International Institute of Municipal Clerks 60th Annual Conference - Mrs. Klassen stated she attended the IIMC Annual Conference in Anaheim, California, last week with 1,500 other participants. She shared that she was a host volunteer for the event and thanked the City Council for allowing her to participate in this Conference. D. PUBLIC SAFETY o Fire Department None o Police Department None 19 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 E. MAYOR AND MEMBERS OF THE CITY COUNCIL o City Council Reouests for Action: 1. Consideration of Moving the Historical Society Headquarters to the Henderson Building (Mayor Jim Ferguson). Mayor Ferguson said Mayor Pro Tem Kelly had suggested the City Council look at providing some space to the Historical Society in the Henderson Community Building. He asked his colleagues for direction about giving such consideration. Councilman Spiegel observed that if the Historical Society took over the other half of that building, it would eliminate the community meeting areas planned for the facility. With City Council concurrence, it was decided to look at Henderson Community Building floor plans as part of the Budget Study Session on June 1, 2006. 2. Manor Care Parking - Councilmember Benson reported vehicles are parking in front of Manor Care again. She noticed that it started a few weeks ago with 10-20 but now was up to about 40 cars parking along Country Club Drive there. She thought it was supposed to be corrected sometime ago, noting that the facility was providing more services than it had been approved for initially, which contributed to the problem. But she believed it was the City's responsibility to hold Manor Care accountable. Mr. Greenwood responded that the City was working on a bicycle lane plan for that area that would have corrected the issue, but staff had gotten sidetracked with other projects. He said this project will again be given priority. Councilmen Spiegel and Crites agreed with Councilmember Benson, and Councilman Crites added that there may be issues for the Fire Marshal there as well. Mr. Greenwood cautioned that if Country Club was red -lined, the cars would find another place, likely on their neighbors' properties. He noted that Manor Care added some parking and was trying to do its part. MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 Mr. Drell recalled that the City had approved a plan for more parking, but when he recently visited the site, it didn't appear there would be as many parking spaces added. Staff offered to provide a report on the matter for the June 22, 2006, City Council Meeting. o City Council Committee Reports: 1. Report on the National Conference of Mayors Meeting in Chicago, Illinois (Mayor Jim Ferguson). Please see the report and discussion with Section VII - Consent Items Held Over, Item J, for complete information. o City Council Comments: 1. Monterey Avenue Northbound / North Sphere Traffic -- Councilman Spiegel said it appeared the three lanes on northbound Monterey Avenue in front of WalMart and Sam's Club would be ready by the time it opened and asked when the three lanes in front of Lowes would be open. Mr. Greenwood said even though staff had been in contact with them several times a day, he had been unsuccessful in obtaining a schedule from Lowes' contractor. In response to further question about the new traffic signal there, Mr. Greenwood stated there is a concern with the new arm, but a tentative delivery date of June 12 has been vaguely referenced. He confirmed that once the arm is delivered, the signal would be moved. Upon further inquiry about the Portola Avenue/Dinah Shore tie- in, Mr. Greenwood answered that there was an Assessment District Meeting today, which was quite productive. He said a schedule was developed, and staff hoped to bid the work in mid -June; however, the Assessment District process is a lengthy one, and the City probably wouldn't be able to award the contract or start construction until November or December, with completion in Spring 2007. He added that this project and the Monterey Avenue improvements would be the District's top priorities. 2. City Manager's Sixth Anniversary Councilman Crites acknowledged and congratulated Mr. Ortega for his six years of service as Palm Desert's City Manager, having been appointed to the position on May 11, 2000. 21 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 3. Manaaement Leadership Training — Councilman Crites and City Manager Carlos Ortega recognized Maintenance Services Manager Carlos Hernandez present at today's meeting. It was noted that he participated in a Management Training Program focused on leadership. One group had already successfully graduated from the program, and another group is ready to begin. 'He congratulated all those who participated for their commitment to both the program and their regular routine with the City. Further, he commented that Mr. Hemandez was recently featured in the Press -Enterprise for his participation in the program, to exemplify its merits and the efforts being made to retain City employees. Mayor Pro Tem Kelly shared that he was honored to participate and bestow diplomas at the graduation ceremony for the Management Leadership Program. He said it was wonderful to see individuals that started in entry level positions with the City and have grown to work their way up to responsible management positions. 2. Freedom Park - Councilman Crites thanked Phil Drell, Janis Steele, and the staff from Planning and Parks and Recreation for the many years of work that went into the Freedom Park project and the ground breaking event. 3. Coachella Valley Water District (CVWDI Proposal - Councilman Crites handed out a proposal submitted by CVWD and asked that staff be prepared to discuss it at the upcoming Budget Session. He stated CVWD is attempting to be the first agency in California to use a "Time of Use Water Meter." He noted approximately 20% of the State's energy load on peak days was related to supplying water. Therefore, efficiency in water use and moving optional water use to lower/cheaper electric demand times is something they hoped would have a significant impact on their energy use. For that reason, the District is hoping to partner up with a Coachella Valley city, with CVWD slated to receive funding from the California Energy Commission, and he thought it would be a wonderful intersection of energy, water conservation and efficiency in the Water District, the City, and State Government He wanted staff to look at the proposal and see if it would benefit the City to offer to be CVWD's partner on another innovative project. 22 MINUTES REGULAR PALM DESERT CITY COUNCIL MEETING MAY 25, 2006 XV. ORAL COMMUNICATIONS - C None XVI. ADJOURNMENT With City Council concurrence, Mayor Ferguson adjourned the meeting at 5:25 p.m. ATTEST: CHELLE D. KLASSEN, CITY CLERK' CITY OF PALM DESERT, CALIFORNIA JIM FE AYOR 23